21 N.C. App. 474 - State v. Lisk’s Empirical Analysis

Citation profile

17 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 17 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “"However, it is not necessary for the Legislature to ascertain the facts of, or to deal with, each case. Since legislation must often be adapted to complex conditions involving numerous details with which the Legislature cannot deal directly, the constitutional inhibition against delegating legislative authority does not deny to the Legislature the necessary flexibility of enabling it to lay down policies and establish standards, while leaving to designated governmental agencies and administrative boards the determination of facts to which the policy as declared by the Legislature shall apply. . . . Without this power, the Legislature would often be placed in the awkward situation of possessing a power over a given subject without being able to exercise it. "Here we pause to note the distinction generally recognized between a delegation of the power to make a law, which necessarily includes a discretion as to what it shall be, and the conferring of authority or discretion as to its execution. The first may not be done, whereas the latter, if adequate guiding standards are laid down, is permissible under certain circumstances. 11 Am.Jur., Constitutional Law, Sec. 234. (Citation omitted)”

   1 later decision quote this exact passage
   e.g. 390 So. 2d 15 - McCurley v. State

2. “"Nevertheless, the legislative body must declare the policy of the law, fix legal principles which are to control in given cases, and provide adequate standards for the guidance of the administrative body or officer empowered to execute the law. . . . In short, while the Legislature may delegate the power to find facts or determine the existence or nonexistence of a factual situation or condition on which the operation of a law is made to depend, or another agency of the government is to come into existence, it cannot vest in a subordinate agency the power to apply or withhold the application of the law in its absolute or unguided discretion, 11 Am.Jur., Constitutional Law, Sec. 234." ( 21 N.C. App. 477 , 204 S.E.2d 870 )”

   1 later decision quote this exact passage
   e.g. 390 So. 2d 15 - McCurley v. State

3. “"It should be apparent that the [Alabama Legislature] is not constantly in session, and, therefore, even if its members were all trained chemists and pharmacists, which they are not, it is impossible for them to keep abreast of the constantly changing drugs and medications and their inherent dangers which appear on the pharmaceutical scene. [Title 22, § 258 (26), supra] does not delegate the authority to define crimes; rather it is a delegation of authority to `find facts or determine the existence or nonexistence of a factual situation or condition on which the operation of a law is made to depend. . . .'" ( 21 N.C. App. 477 , 204 S.E.2d 870 )”

   1 later decision quote this exact passage
   e.g. 390 So. 2d 15 - McCurley v. State