Cromwell v. Jackson’s Empirical Analysis
1947
Citation profile
8 federal appellate · 59 state decisions
How this case has been cited
Cited by 75 later decisions — most recently August 2023 · most notably State Insurance Commissioner v. National Bureau of Casualty Underwriters (1967), Department of Natural Resources v. Linchester Sand & Gravel Corp. (1975)
8 federal appellate · 59 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 Federal Communications Commission v. Pottsville Broadcasting Co. · Ex parte Bakelite Corp. · Keller v. Potomac Electric Power Co. · Highland Farms Dairy, Inc. v. Agnew · Willing v. Chicago Auditorium Ass'n
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 75 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“"That the Legislative, Executive and Judicial powers of Government ought to be forever separate and distinct from each other; and no person exercising the functions of one of said Departments shall assume or discharge the duties of any other.””
3 later decisions quote this exact passage · from the majority““As Mr. Justice Cardozo said in Highland Farms Dairy v. Agnew, 300 U.S. 608, 612 , 57 S.Ct. 549, 551 , 81 L.Ed. 835 [ (1937) ]: ‘How power shall be distributed by a state among its governmental organs is commonly, if not always, a question for the state itself.’ The Supreme Court in construing the separate powers conferred on the three departments of the Federal Government, which makes the doctrine of separation of powers applicable, has gone very far.... “In Mitchell v. Wright, 154 F.2d 924, 928 (C.C.A.5, 1946) Cir. J. Lee said: ‘We have several elements with which we may distinguish legislative and judicial functions, to wit: the element of futurity or retrospect, that of generality or particularity, that of discretion, and that of initiation. A good example of the element of discretion is the determination of a legislative body on the basis of public interest. The judiciary will not interfere with this type of discretion ____’ “... However, when this Court is of opinion that the Legislature has exceeded its authority in placing a nonjudicial function on the Court, we should not hesitate in declaring the Act void.””
2 later decisions quote this exact passage · from the majority““[w]hether a person is a fit person to have a license to sell alcoholic beverages is a question of public policy or expediency depending upon many matters____ It is not a judicial question.””
2 later decisions quote this exact passage · from the majority
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.