Wright v. Noell’s Empirical Analysis

Citation profile

27 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 27 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““Is a woman eligible to the office of county superintendent ? In favor of it is the fact that the constitution contains no express disqualification of her, and no affirmative statement of the qualifications therefor; leaving, as is claimed, the people free to choose whomsoever they will. Against it is the fact that the right to vote is limited to males, implying, as is said, that a fortiori the right to hold office is likewise so restricted, and also the fact that at the time of the adoption of the constitution there was no serious thought of woman’s holding the office, so that the framers thereof could not have intended by that instrument to authorize it. As between these two lines of argument, we yield our.assent to the former. All political power is inherent in the people, and all powers not delegated by the constitution remain with them. These truths, which lie at the foundation of all republican • governments, are distinctly asserted in our own bill of . rights (sections 2, 20). By the constitution the people have granted certain powers, and to that extent have restricted and limited their own action. But beyond those restrictions, and except as to matters guarded by absolute justice and the inherent rights of the individual, the power of the people is unlimited. There is clearly no question of absolute justice or individual rights involved, so that we must look alone to the constitution to ascertain what restrictions the people have placed upon their power of choice of ”

   1 later decision quote this exact passage · from the majority
   e.g. Attorney General v. Abbott

2. “■“ The best and only safe rule for ascertaining the intention of the makers of any written law is to abide by the language they have used; and this is especially true of written constitutions, for in preparing such instruments it is but reasonable to presume that every word has been carefully weighed, and that none are inserted and none omitted without a design for so doing.””

   1 later decision quote this exact passage · from the majority
   e.g. Attorney General v. Abbott

3. ““The common law of England, which was our law upon the- subject, permitted a woman to fill any local office of ■an administrative character, the duties attached to which were such that a woman was competent to perform them.””

   1 later decision quote this exact passage · from the majority
   e.g. State v. Chaves de Armijo