Cunningham v. Neagle’s Empirical Analysis

Citation profile

11 federal appellate · 35 district · 35 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 153 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““It is argued that the preservation of peace and good order in society is not within the powers confided to the government of the United States, but belongs exclusively to the states. Here, again we are met with the theory that the government of the United States does not rest upon the soil and territory of the country. We think this theory is founded on an entire misconception of the nature and powers of that government. We hold it to be an incontrovertible principle that the government of the United States may, by means of physical force exercised through its official agents, execute on every foot of American soil the powers and functions that belong to it. This necessarily involves the power to command obedience to its laws, and hence the power to keep the peace that extent * * *. It must execute its powers, or it is no government. It must execute them on the land as well as on the sea, on things as well as on persons, and, to do this, it must necessarily have power to command obedience, preserve order, and keep the peace; and no person or power in this land has the right to resist or question its authority, so long as it keeps within the bounds of its jurisdiction.””

   2 later decisions quote this exact passage · from the majority
   e.g. Logan v. United States · United States v. Mullin

2. ““To the objection, made in argument, that the prisoner is discharged by this writ from the power of the state court to try him for the whole offense, the reply is that if the prisoner is held in the state court to answer for an act which he was authorized to do by the law of the United States, which it was his duty to do as marshal of the United States, and if, in doing that act, he did no more than what was necessary and proper for him to do, he cannot be guilty of a crime under the law of the state of California. When these things are shown, it is established that he is innocent of any crime against the laws of the state, or of any other authority whatever. There is no occasion for any further trial in the state court, or in any court.” (Emphasis in the report.) 12”

   2 later decisions quote this exact passage · from the majority
   e.g. Trump v. Vance · 235 F. Supp. 262 - In Re McShane's Petition

3. ““This chamber work is as important anct necessary, and as much a discharge of his official duties, as though performed in the courthouse. Important cases-are often argued before the .'Judge at any place convenient to the parties concerned, and the decision of the judge is arrived at by investigation made in his own room, wherever he may be, and it is idle to say that this is not as much a performance of judicial duty as the filing of a judgment with the clerk, and rhe announcement of the result in open court.””

   1 later decision quote this exact passage · from the majority
   e.g. Ex parte Steele