Moses v. Kennedy’s Empirical Analysis
1963
Citation profile
26 federal appellate · 2 district · 5 state decisions
How this case has been cited
Cited by 37 later decisions — most recently December 1994 · most notably United States v. Cox (1965), United States v. Philip Berrigan, in No. 72-1938, and Elizabeth McAlister Appeal of Elizabeth McAlister In (1973)
26 federal appellate · 2 district · 5 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
Applies 18 U.S.C. § 241 (Church Arson Prevention Act of 1996) · 28 U.S.C. § 2201 · 28 U.S.C. § 507 · 28 U.S.C. § 549 · 42 U.S.C. § 1986 · 42 U.S.C. § 1987
Relies on Confiscation Cases · Federal Trade Commission v. Millers' National Federation · 193 F. Supp. 630 - Pugach v. Klein · Goldberg v. Hoffman · United States v. Brokaw
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 37 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“Article II, Section 3 of the Constitution, provides that “(the President) shall take care that the laws (shall) be faithfully executed.” The prerogative of enforcing the criminal law was vested by the Constitution, therefore, not in the Courts, nor in private citizens, but squarely in the executive arm of the government. Congress has implemented the power of the President by conferring the power and the duty to institute prosecution for federal offenses upon the United States Attorney for each district. 28 U.S.C.A. § 507 . In exercising his power, the United States Attorney acts in an administrative capacity as the representative of the public .”
1 later decision quote this exact passage · from the majoritye.g. Nader v. Kleindienst“considerations of judgment and discretion apply with special strength to the area of civil rights, where the Executive Department must be largely free to exercise its considered judgment on questions of whether to proceed by means of prosecution, injunction, varying forms of persuasion, or other types of action.”
1 later decision quote this exact passage · from the majority
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.