Knapp v. Schweitzer’s Empirical Analysis
1958
Citation profile
70 federal appellate · 9 district · 61 state decisions
How this case has been cited
Cited by 222 later decisions (36 by the Supreme Court) — most recently June 2019 · most notably Malloy v. Hogan (1964), Kastigar v. United States (1972)
70 federal appellate · 9 district · 61 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
Applies 28 U.S.C. § 2106 · 29 U.S.C. § 186 (§ 302 of the Labor Management Relations Act of 1947 (Taft-Hartley Act))
Relies on Palko v. State of Connecticut · Bram v. United States · Joseph Lochner v. People of the State of New York · United States v. Cruikshank · Byars v. United States
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 222 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“"But it is universally understood, it is a part of the history of the day, that the great revolution which established the constitution of the United States, was not effected without immense opposition. Serious fears were extensively entertained that those powers which the patriot statesmen, who then watched over the interests of our country, deemed essential to union, and to the attainment of those invaluable objects for which union was sought, might be exercised in a manner dangerous to liberty. In almost every convention by which the constitution was adopted, amendments to guard against the abuse of power were recommended. These amendments demanded security against the apprehended encroachments of the general government not against those of the local governments. " (Emphasis added.)”
1 later decision quote this exact passage · from the dissent“"It is relevant to remind that our Constitution is one of particular powers given to the National Government with the powers not so delegated reserved to the States or, in the case of limitations upon both governments, to the people. Except insofar as penal remedies may be provided by Congress under the explicit authority to `make all Laws which shall be necessary and proper for carrying into Execution' the other powers granted by Art. 1, § 8, the bulk of authority to legislate on what may be compendiously described as criminal justice, which in other nations belongs to the central government, is under our system the responsibility of the individual States."”
1 later decision quote this exact passage · from the majority“It is plain that the amendment can no more be thought of as restricting action by the States than as restricting the conduct of private citizens. The sole — although deeply valuable — purpose of the Fifth Amendment privilege against self-incrimination is the security of the individual against the exertion of the power of the Federal Government to compel incriminating testimony with a view to enabling that same Government to convict a man out of his mouth.”
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.