State v. Beard’s Empirical Analysis

Citation profile

26 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 26 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““(1) A statute is presumed to be constitutional. All doubts must be resolved in favor of its validity, and before a statute may be stricken down, it must clearly appear the statute violates the constitution. [Citation omitted.] “(2) When a statute is challenged under the constitutional doctrine of separation of powers, the court must search for a usurpation by one department of the powers of another- department on the specific facts and circumstances presented. [Citations omitted.] “(3) A usurpation of powers exists when there is a significant interference by one department with operations of another department. [Citation omitted.] “(4) In determining whether or not a usurpation of powers exists a court should consider (a) the essential nature of the power being exercised; (b) the degree of control by one department over another; (c) the objective sought to be attained by the legislature; and (d) the practical result of the blending of powers as shown by actual experience over a period of time." ’ [Citations omitted.]” 274 Kan. at 186 .”

   1 later decision quote this exact passage · from the majority
   e.g. State v. J.D.H.

2. ““The doctrine of separation of powers is not expressly set forth in either the United States or Kansas Constitutions. However, it has long been recognized that the very structure of our three-branch system gives rise to the doctrine. [Citation omitted.] The Kansas Constitution creates three distinct and separate departments of government: the legislative, the executive, and the judicial. Kan. Const, art 1, 2, and 3. Only the legislative branch has the authority to define crimes and prescribe punishments, while only the judicial branch is empowered to determine whether an offense has been committed and to assess punishment. [Citation omitted.] The executive branch is vested with the power to enforce the laws. [Citation omitted.]”

   1 later decision quote this exact passage · from the majority
   e.g. In re D.T.J.