Rush v. Carter’s Empirical Analysis
1984
Citation profile
7 state decisions
How this case has been cited
Cited by 7 later decisions — most recently June 2007
7 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 Warren v. Indiana Telephone Co. · Havert v. Caldwell · State Ex Rel. Black v. Burch · Applegate, County Auditor v. State Ex Rel. Pettijohn · Wencke v. City of Indianapolis
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 7 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“'The object of the separation of powers is to preclude a commingling of three essentially different powers in the same hands in the sense that the acts of each shall never be controlled by or subjected directly or indirectly to the coercive influence of either of the others. State ex rel. Black v. Burch, (1948) 226 Ind. 445 , 80 N.E.2d 294 . The obvious constitutional frailty under the facts of this case is that Rush as a county council member (a member of the legislative branch) would have, in some degree, fiscal control over, Rush the county policeman (a member of the executive branch) as well as the rest of the county police department. We believe this is the mischief sought to be avoided by the holding of Black, supra.”
2 later decisions quote this exact passage“Article 3 of the constitution makes the power of each department exclusive and independent of the power of either of the others. The object is to secure absolute independence in each department from the encroachment of the other. The words, “shall exercise any of the functions of another,” mean that one shall not exercise any of the powers, jurisdiction, or authority of the others. It is not a function of the executive or legislative department of the state government to appoint city commissioners, and when a circuit judge appoints city commissioners he is not exercising any function of either of said departments. Neither are the city commissioners when appointed a part of either the executive or legislative department of the state government, nor do they exercise any of the functions of either of said departments.”
1 later decision quote this exact passage“We are of the opinion that the contemporaneous holding by the same person of positions on the county council and as a county policeman is violative of this constitutional provision. Because a county is an involuntary political or civil division of the state government, Applegate [v. State ex rel Pettijohn (1933), 205 Ind. 122 , 185 N.E. 911 ], we are of the further opinion that Rush is bound by that constitutional provision in the same manner as state employees and officers.”
1 later decision quote this exact passagee.g. Gaskin v. Beier
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.