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← 332 SW2D 623 - Chenault v. Carter

Chenault v. Carter’s Empirical Analysis

1960

Citation profile

3
cited by 3 later decisions
3
states following
February 1971
most recently cited

3 state decisions

Relationships

Relies on Cummings v. Beeler · Staples v. Gilmer · Gaines v. O'Connell · Smith v. Ruth · Lively v. Brown, Sheriff

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

  1. “"The choice of whether a constitutional convention shall be called rests entirely with the electorate. The discretion of the legislature is at an end when the matter is finally proposed. The formal call issued by the General Assembly following a favorable vote by the people is but a ministerial duty enjoined upon it by the Constitution in the execution of a public mandate. Inhering in that mandate are the terms and conditions of the initial proposal. The delegates to the convention are the agents not of the legislature, but of the people themselves. As a principal may limit the authority of his agent, so may the sovereign people of this state limit the authority of their delegates. This they may do by accepting and approving, through a constitutional majority as set forth in § 258, a proposal for a limited constitutional convention. Gaines v. O'Connell, 305 Ky. 397 , 204 S.W.2d 425 ; Staples v. Gilmer, 183 Va. 613 , 33 S.E.2d 49 , 158 A.L.R. 495 ; Cummings v. Beeler, 189 Tenn. 151 , 223 S.W.2d 913 ."”
    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.