State v. Emerson’s Empirical Analysis
1939
Citation profile
24 state decisions
How this case has been cited
Cited by 24 later decisions — most recently December 1982
24 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
Relies on Collison v. State · People Ex Rel. Corscadden v. . Howe · Davey v. Ruffell · State v. American Sugar Refining Co. · In re the Petition for the Laying Out of Cypress Farms Ditch
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 24 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““* * * There is no inherent right in the Executive to make appointments which the Constitution may not alter or remove entirely, * * *. “The Constitutional provisions for the Governor to make appointments is a grant of power. It is not a limitation on the power to the Governor, which power would be unlimited except for the provision. Being a grant of power, and to that extent a limitation on the people acting through their representatives, let us see in what cases the Governor is expressly authorized to appoint to office. With the consent of the Senate the Governor is expressly given power to appoint ‘such officers as he is or may be authorized by this Constitution or by law to appoint.’ “The right of the Governor to appoint to Constitutional offices is the exact measure of his authority to appoint to statutory offices — viz.: ‘as he is or may be authorized * * * to appoint.’ If, as to Constitutional offices, the right of the Governor to make appointments exists by reason of Constitutional authority to appoint and not by reason of any inherent power existing in the Executive, so it is as to statutory offices — for the language is precisely the same. For the power to exist we must seek and find some authority — constitutional or statutory. If there exists no express or implied constitutional or statutory authority to appoint, then no right to appoint exists. * * * “We see nothing in the Constitution which prevents the Legislature from creating a statutory Commission or Board a”
3 later decisions quote this exact passage · from the majority““No bill * * * shall embrace more than one subject, which shall be expressed in its title.””
1 later decision quote this exact passage · from the dissente.g. State v. Emerson
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.