Totus v. United States’s Empirical Analysis
1941
Citation profile
2 federal appellate · 4 district · 2 state decisions
How this case has been cited
Cited by 9 later decisions — most recently July 1982
2 federal appellate · 4 district · 2 state decisions
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. § 112 · 8 U.S.C. § 601
Relies on Edye v. Robertson · Sawyer · Ray Jones v. Patrick Meehan · United States v. Hartwell · Thomas v. Gay
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 9 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““Any doubt which might have existed concerning the citizenship of Indians or members of Indian tribes in this country was set at rest by the adoption of the Nationality Code of 1940. That act provided, 8 U.S.C.A. § 601 : ‘The following shall be nationals and citizens of the United States at birth: ‘(b) A person born in the United States to a member of an Indian, Eskimo, Aleutian, or other aboriginal tribe: Provided, that the granting of citizenship under this subsection shall not in any manner impair or otherwise affect the right of such person or tribal or other property.’ “The main controversy as to the citizenship status of Indians arose out of the opinion of the Supreme Court of the United States in the case Elk v. Wilkins, 112 U.S. 94 , 5 S.Ct. 41, 43 , 28 L.Ed. 643 , decided November 3, 1884. It was there held that a person born in the United States to members of an Indian Tribe had not acquired citizenship of the United States at birth not having been born ‘subject to the jurisdiction thereof,’ within the meaning of the Fourteenth Amendment. Since that time the Congress passed six Acts conferring citizenship upon Indians. The Act of June 2, 1924, 43 Stat. 253 , 8 U.S.C.A: § 3, was the last of these and it provided: ‘All non-citizen Indians born within the territorial limits of the United States be, and they are hereby, declared to be citizens of the United States.’ “Since this act did not purport to change the Tribal relationship of Indians of the United States, it was”
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.