Bernard Permoli v.’s Empirical Analysis

Citation profile

6 federal appellate · 8 district · 13 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 83 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““Upon the admission of a state it becomes entitled to and possesses all the rights of dominion and sovereignty which belonged to the original states, and, in the language of the act of 1867 admitting the state of Nebraska, it stands ‘upon an equal footing with the original states in all respects whatsoever.’ ””

   7 later decisions quote this exact passage · from the majority
   e.g. Huse v. Glover · Sands v. Manistee River Improvement Co.

2. ““There was no contract in the fourth article of the ordinance of 1787 respecting the freedom of the navigable waters of the territory northwest of the Ohio river emptying into the St. Lawrence, which bound the people of the territory, or of any portion of it, when subsequently formed into a state and admitted into the Union. “The ordinance of 1787 was passed a year and some months before the Constitution of the United States went into operation. Its framers, and the Congress of the confederation which passed it, evidently considered that the principles and declaration of rights and privileges expressed in its articles would always be of binding obligation upon the people of the territory. The ordinance in terms ordains and declares that its articles ‘shall be considered as articles of compact between the original states and the people and states in the said territory, and forever remain unalterable unless, by common consent.’ And for many years after the adoption of the Constitution, its provisions were treated by various acts of Congress as in force, except as modified by such acts. In some of the acts organizing portions of the territory under separate territorial governments, it is declared that the rights and privileges granted by the ordinance are secured to the inhabitants of those territories. Yet from the very conditions on which the states formed out of that territory were admitted into the Union, the provisions of the ordinance became inoperative except as adopted b”

   2 later decisions quote this exact passage
   e.g. Sands v. Manistee River Improvement Co. · United States ex rel. Friedman v. United States Express Co.

3. ““The'principal stress of the argument for the plaintiff in error proceeded on the ordinance of 1787. The act of 1805 (chapter 83) having provided that from and after the establishment of the government of the Orleans Territory the inhabitants of the same should be entitled to enjoy all the rights, privileges, and advantages secured by said ordinance and then enjoyed by the people of the Mississippi Territory. It was also made the frame of government, with modifications. In the ordinance, there were terms of compact declared to be thereby established between the original states and the people of the state afterwards to be formed northwest of the Ohio, unalterable, unless by common consent— one of which stipulations is that ‘no' person demeaning himself, in a peaceable manner shall ever be molested on account of his móde of worship, or religious sentiments, in the said territory/ For this provision is claimed the sanction of an unalterable law of Congress, and it is insisted the city ordinance above has violated it; and what the force of the ordinance is north of the Ohio we do not pretend to say, as it is unnecessary for the purposes of this case. But as regards the state of Louisiana, it had no further force, after the adoption of the state Constitution than other acts of Congress organizing, in part, the territorial government of Orleans, and standing in connection with the ordinance of 1787. So far as they-conferred political rights, and secured civil and religious libertie”

   1 later decision quote this exact passage · from the majority
   e.g. Smith, Secretary of State v. State Hepburn