Fent v. Henry’s Empirical Analysis

Citation profile

3 federal appellate · 8 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 11 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “A time-honored rule teaches that a revising statute (or, as in this case, a constitutional amendment) takes the place of all the former laws existing upon the subject with which it deals. This is true even though it contains no express words to that effect. In the strictest sense this process is not repeal by implication. Rather, it rests upon the principle that when it is apparent from the framework of the revision that whatever is embraced in the new law shall control and whatever is excluded is discarded, decisive evidence exists of an intention to prescribe the latest provisions as the only ones on that subject which shall be obligatory.”

   1 later decision quote this exact passage · from the majority
   e.g. Bishop v. Smith

2. “A provision is self-executing when it can be given effect without the aid of legislation and there is nothing to indicate that legislation is contemplated to render .it operative, and when there is a manifest intention that it should go into immediate effect, and no ancillary legislation is necessary to the enjoyment of a right given, or the enforcement of a duty imposed. Does it indicate that it was intended as a present enactment, complete in itself, or does it contemplate subsequent legislation to carry it into effect?”

   1 later decision quote this exact passage · from the majority
   e.g. 2014 OK CIV APP 62 - AdvancePierre Foods, Inc. v. Garfield County Board of Taxroll Corrections

3. “The Commission shall have jurisdiction to determine whether the qualifications of nominees to hold Judicial Office have been met.”

   1 later decision quote this exact passage · from the majority
   e.g. SPENCER v. WYRICK