Kivett v. Mason’s Empirical Analysis

Citation profile

10 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 10 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““. . .We think, however, that the Constitution on its face furnishes affirmative evidence that its authors deliberately refrained from inserting a provision which would require that only lawyers be selected as judges of the Courts for which article 6 of the Constitution provides. Nowhere in article 6 or elsewhere in the Constitution, insofar as we have been able to find, is there any reference to lawyers in connection with who shall be the judges of our Courts. [We have noted that a like situation obtains under our Constitution of 1849.] . . . “. . . This constitutional right given the voters of Claiborne County to elect whoever they please within the constitutional age and residential requirements cannot be thus abridged by the legislature. The rule applicable here is that approved by this Court quoting from Cooley’s Constitutional Limitations thus:—‘Another rule of construction is, that when the constitution defines the circumstances under which a right may be exercised . . . the specification is an implied prohibition against legislative interference to add to the condition. ’ . . . ””

   3 later decisions quote this exact passage · from the majority
   e.g. State v. Superintendent, Davidson County Workhouse · LaFever v. Ware