Lucas v. McAfee’s Empirical Analysis

Citation profile

16 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 18 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““ ‘The right of legislative bodies to judge the elections, qualifications, and returns of their own members is of ancient origin. The history of the doctrine reveals that it was established in the constitutional law of England in the year of 1586, during the reign of Queen Elizabeth. * * ‘Provisions guaranteeing this right are to be found in the federal Constitution and in the organic law of every state in the Union, in language substantially if not identically like that employed in ours. * * * The right is deemed essential to the enactment of legislation without interruption and confusion and to maintain a proper balance of authority where the functions of government are divided between coordinate branches. It is no more subject to judicial interference or control than the judicial functions of this court are subject to the dictates of the legislative or executive departments. The Constitution has defined a domain upon which courts may not tread. Dinan v. Swig, 1916, 223 Mass. 516 , 112 N.E. 91 .’ ””

   3 later decisions quote this exact passage
   e.g. State Ex Rel. Beaman v. C. CT. PIKE CO. GIBSON CO. · Hartke v. Roudebush

2. ““The controlling circumstance in this case is that the appellee McAfee has undertaken to in voke the jurisdiction of a court to determine the qualifications of a person seeking a seat in the state Senate. The fact that the controversy arose out of a primary election contest is immaterial so far as the substantial issue is concerned. The answer would necessarily be the same however the question arose. ... As to these particular officers, the specific terms of the Constitution transcend the statutes and deprive the courts of jurisdiction of the subject-matter.””

   2 later decisions quote this exact passage
   e.g. State Ex Rel. Gramelspacher v. Martin Circuit Court · State Ex Rel. Handley v. SUP. CT. OF MAR. CO., ETC.

3. ““. . . Each House, when assembled, shall choose its own officers, the President of the Senate excepted; judge the elections, qualifications, and returns of its own members . . .”. (Our italics)”

   2 later decisions quote this exact passage
   e.g. State Ex Rel. Beaman v. C. CT. PIKE CO. GIBSON CO. · State Ex Rel. Acker v. Reeves