State v. Miller’s Empirical Analysis
1964
Citation profile
14 state decisions
How this case has been cited
Cited by 14 later decisions — most recently July 2018
14 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
Relationships
Relies on Gulf Ry Co v. Ellis · Aero Mayflower Transit Co. v. Georgia Public Service Commission · Ex Parte Boyce · State ex rel. Baughn v. Ure · State ex rel. Wisconsin Allied Truck Owners Ass'n v. Public Service Commission
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 14 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“Classification "must always rest upon some difference which bears a reasonable and just relation to the act in respect to which the classification is proposed, and can never be made arbitrarily and without any such basis." McLaughlin v. Florida, 379 U.S. 184, 190 , 85 S.Ct. 283, 287 , 13 L.Ed.2d 222 (1964), quoting Gulf, Colo. & Santa Fe Ry. v. Ellis, 165 U.S. 150, 155 , 17 S.Ct. 255 , 41 L.Ed. 666 (1897).”
2 later decisions quote this exact passage““ * * * [M]erely because a statute distinguishes between citizens or classes of citizens does not make it unconstitutional. If a classification is reasonably necessary to effect the purposes of a law which is otherwise within the province of the Legislature to enact, the classification will not render the law repugnant to the Constitution.” State v. Miller, 129 N.W.2d 356, 364 (1964).”
2 later decisions quote this exact passage“"These rules are peculiarly applicable in this state, where it is provided by the Constitution 'that in no case shall any legislative enactment or law of the state of North Dakota be declared unconstitutional' unless four of the five judges of the Supreme Court shall so decide. N.D. Const. art. 25, Amendments. "In considering whether the Legislature transcended its constitutional powers in the enactment of a statute it is also well to bear in mind the fundamental difference between the Constitution of the United States and the Constitution of the state of North Dakota, as regards the legislative powers which may be exercised under them. Cooley (Cooley, Const.Lim. [7th Ed.] 242) said: " 'We look in the Constitution of the United States for grants of legislative power, but in the Constitution of the state to ascertain if any limitations have been imposed upon the complete power with which the legislative department of the state was vested in its creation. Congress can pass no laws but such as the Constitution authorizes, either expressly or by clear implication; while the state Legislature has jurisdiction of all subjects on which its legislation is not prohibited. The law-making power of the state, it is said in one case, recognizes no restraints, and is bound by none except such as are imposed by the Constitution. That instrument has been aptly termed a legislative act by the people themselves in their sovereign capacity, and is therefore the paramount law. Its object is not ”
1 later decision quote this exact passagee.g. State v. Blue
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.