United States v. Mouat’s Empirical Analysis

Citation profile

38 federal appellate · 18 district · 16 state decisions

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 158 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““Unless a person in the service of the government, therefore, holds his place by virtue of an appointment by the president, or of one of the courts of justice or heads of departments authorized by law to make such an appointment, he is not, strictly speaking, an officer of the United States. “We do not see any reason to review this well established definition of what it is that constitutes such an officer.” 124 U.S. 307 , 8 S.Ct. at 506, 31 L.Ed. at 464.”

   7 later decisions quote this exact passage · from the majority
   e.g. Freytag v. Commissioner · Chambers v. United States

2. “The President “shall nominate, and by and with the advice and consent of the Senate, shall appoint ambassadors, other public ministers and consuls, judges of the Supreme Court, and all other officers of the United States, whose appointments are not herein otherwise provided for, and which shall be established by law. But the Congress may by law vest the appointment of such inferior officers, as they think proper, in the President alone, in the courts of law, or in the heads of departments.””

   2 later decisions quote this exact passage · from the majority
   e.g. McGrath v. United States · Melcher v. Federal Open Market Committee

3. ““It is obvious from the language of sec. 1378 that the Pay Corps is limited to officers commissioned by the President, and that clerks and others who are not so commissioned do not belong to the Pay Corps. The Naval Regulations of 1876, a copy of which is found in the brief of the appellant, as far as relates to this matter, provide very fully for these clerks, and the manner of their appointment, but nowhere is there any mention that it must be approved by the Secretary of the Navy; on the contrary, it is said that 'every officer entitled to a secretary or clerk may nominate him; but the appointment or discharge of a clerk by any officer not in command is subject to the approval ox the commanding officer.’ “From all this it is clear that neither by the regulations nor by the statutes nor by any constitutional provision is the present claimant an officer of the Navy.””

   1 later decision quote this exact passage · from the majority
   e.g. Poore v. United States