Ex parte Grossman’s Empirical Analysis

Citation profile

147 federal appellate · 16 district · 142 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 455 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “The language of the Constitution cannot be interpreted safely except by reference to the common law and to British institutions as they were when the instrument was framed and adopted.”

   4 later decisions quote this exact passage · from the majority
   e.g. Robinson v. State · City of Jackson v. Clark

2. ““ * * * The execljtive can reprieve or pardon all offenses after their commission, either before trial, during trial or after trial, by individuals, or by classes, conditionally or absolutely, and this without modification or regulation by Congress. Ex parte Garland, 4 Wall. 333 , 380, 18 L. Ed. 366 . * * * “Executive clemency exists to afford relief from undue harshness or evident mistake in the operation or enforcement of .the criminal law. The administration of justice by. the courts is not necessarily always wise or certainly considerate of circumstances which may properly mitigate guilt. To afford a remedy, it has always been thought essential in popular governments, as well as in monarchies, to vest in some other authority than the courts power to ameliorate or avoid particular criminal judgments. It is a check intrusted to the executive for special cases. * # *‘9f”

   3 later decisions quote this exact passage · from the majority
   e.g. Hempel v. Weedin · United States v. Brayboy

3. ““The federal Constitution nowhere expressly declares that the three branches of the government shall be kept separate and independent. All legislative powers are vested in a Congress. The executive power is vested in a President. The judicial power is vested in one Supreme Court and in such inferior courts as Congress may from time to time establish. The Judges are given life tenure and a compensation that may not be diminished during their continuance in office, with the evident purpose of securing them and their courts an independence of Congress and the executive. Complete independence and separation between the three branches, however, are not attained, or intended, as other provisions of the Constitution and the normal operation of government under it easily demonstrated. By affirmative action through the veto power, the executive and one more than one-third of either House may defeat all legislation. One-half of the House and two-thirds of the Senate may impeach and remove the members of the judiciary. The executive can reprieve or pardon all offenses after their commission, either before trial or during trial, or after trial, by individuals, or by classes, conditionally or absolutely, and this without modification or regulation by Congress. Ex parte Garland, 4 Wall. 333, 380 , 18 L. Ed. 366, 370 . Negatively one House of Congress can withhold all appropriations and stop the operations of government. The Senate can hold up all appointments, confirmation of which either ”

   2 later decisions quote this exact passage · from the majority
   e.g. Myers v. United States · In Re Proposed Middle Rio Grande Conservancy Dist.