Tucker v. State’s Empirical Analysis
1941
Citation profile
66 state decisions
How this case has been cited
Cited by 69 later decisions (3 by the Supreme Court) — most recently March 2016 · most notably Ford Motor Co. v. Department of Treasury (1945), Richardson v. State (1999)
66 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.
Relationships
Relies on M'Culloch v. State of Maryland · Myers v. United States · Humphrey's Ex'r v. United States · Ex parte Grossman · People ex rel. Le Roy v. Hurlbut
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 69 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“"Concerning the last phrase of Section 1 of Article 15 of the Constitution, that: `All officers, whose appointment is not otherwise provided for in this Constitution, shall be chosen in such manner as now is, or hereafter may be, prescribed by law,' it is said that to prescribe a mode of appointment and to make the appointment are two different things; that (page 446 of 118 Ind., page 273 of 21 N.E.): `The legislature may provide by law for the appointment of all officers not provided for in the constitution, but the appointing power must be lodged somewhere within the executive department of the government.' There were no contentions and no reasons to consider where in that department the power must be lodged, but, since the power to appoint is executive, it is clear that it would have to be lodged with some officer in the executive department who had executive power, and the only such is the Governor."”
2 later decisions quote this exact passage““The Legislative authority of the State shall be vested in the General Assembly, which shall consist of a Senate and a House of Representatives. ...” Art. 4, §1, Indiana Constitution.”
2 later decisions quote this exact passage“* * * “If the construction contended for by the appellee can be sustained, the general assembly may create any number of state offices its discretion may dictate, under any name it may choose, make them appointive, and transfer to them the statutory duties now performed by the secretary, auditor, and treasurer of state; thus rendering the constitutional provision that the administrative state officers shall be elected by the people a dead letter. It would be difficult to find any constitutional provision expressly prohibiting the general assembly from the creation of such offices, making them appointive, and from transferring to them the statutory duties now performed by the administrative state officers above named; and yet such a proceeding would be such a plain violation of the intention of the framers of the constitution that no court would hesitate to declare that it did not possess such power. To permit such a construction would place it in the power of the legislative department of the state to wholly absorb and usurp the executive and administrative department. It is immaterial whether it is usurped by the direct action of the general assembly, as .a legislative body, or whether it is done indirectly, by its own appointed agents. The result in cither case is the same. By the express terms of the constitution the general assembly is prohibited from exercising executive or administrative function, except in cases expressly provided for by that instrument.””
1 later decision quote this exact passage
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.