Scott v. Carew’s Empirical Analysis
196 U.S. 100 · 1905
Citation profile
14 federal appellate · 7 district · 11 state decisions
How this case has been cited
Cited by 59 later decisions (6 by the Supreme Court) — most recently September 2015 · most notably United States v. State of Minnesota (1926), State of Louisiana v. James Rudolph Garfield (1908)
14 federal appellate · 7 district · 11 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.
Appellate journey
reviewedthe decision below (from Fifth Circuit Court of Appeals)
Relationships
Relies on Gibbons v. Ogden · Shively v. Bowlby · De La Fayette Wilcox v. John Jackson · Leavenworth Lawrence and Galveston Railroad Company v. United States · Johnson v. Towsley
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 59 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““But, further than this, from an early period in the history of the government it has been the practice of the President to order, from time to time, as the exigencies of the public service required, parcels of land. belonging to the United States to be reserved from sale and set apart for public uses. The authority of the President in this respect is recognized in numerous acts of Congress. Thus, in the Pre-emption Act of May 29, 1830, it is provided that the right of pre-emption contemplated by the act shall not ‘extend to any land which is reserved from sale by act of Congress, or by order of the President, or which may have been appropriated for any purpose whatever.’ Again, in the Pre-emption Act of September 4, 1841, ‘lands included in any reservation by any treaty, law, or proclamation of the President of the United States, or reserved for salines or for other purposes,’ are exempted from entry under the act. So by the act of March 8, 1853, providing for the survey of the public lands in California, and extending the pre-emption system to them, it is declared that all public lands in that state shall be subject to pre-emption, and offered at public sale, with certain specific exceptions, and among others ‘of lands appropriated under the authority of this act. or reserved by competent authority.’ The provisions in the acts of 1830 and 1841 show very clearly that by ‘competent authority’ is meant the authority of the President, and officers acting under his direction.””
1 later decision 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.