Marshall v. Gordon’s Empirical Analysis
243 U.S. 521 · 1917
Citation profile
41 federal appellate · 10 district · 39 state decisions
How this case has been cited
Cited by 176 later decisions (52 by the Supreme Court) — most recently June 2023 · most notably United States v. Nixon (1974), United States v. Dixon (1993)
41 federal appellate · 10 district · 39 state decisions — followed in 12 states
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 · Gompers v. Bucks Stove & Range Co. · In re Debs · 'The Ku-Klux Cases' Yarbrough · Kilbourn v. Thompson
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 176 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“declared to be 'the least possible power adequate to the end proposed.'”
4 later decisions quote this exact passage · from the majority“resor[t] to the modes of trial required by constitutional limitations . . . for substantive offenses under the criminal law,”
2 later decisions quote this exact passage · from the majority“As it is unthinkable that in any case from a power expressly granted there can be implied the authority to destroy the grant made, and as the possession by Congress of the commingled legislative-judicial authority as to contempts which was exerted in the House of Commons would be absolutely destructive of the distinction between legislative, executive, and judicial authority which is interwoven in the very fabric of the Constitution, and would disregard express limitations therein, it must follow that there is no ground whatever for assuming that any implication as to such a power may be deduced from any grant of authority made to Congress by the Constitution.”
1 later decision quote this exact passage · from the majoritye.g. Griffith v. Oles
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.