United States v. Boe’s Empirical Analysis
543 F.2d 151 · 1976
Citation profile
10 federal appellate ·
How this case has been cited
Cited by 61 later decisions — most recently September 2018 · most notably Hohri v. United States (1986), Morongo Band of Mission Indians v. California State Board of Equalization (1988)
10 federal appellate ·
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 19 U.S.C. § 1514 (Tariff Act of 1930) · 19 U.S.C. § 1515 (Tariff Act of 1930) · 28 U.S.C. § 1541 · 28 U.S.C. § 1582 · 28 U.S.C. § 1651
Relies on Bell v. Hood · United States v. Sherwood · Affiliated Ute Citizens of Utah v. United States · United States v. King · Will 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 61 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“However sincere and well-intentioned may be the judge, an attempt, by any couit, to exercise a non-existent jurisdiction is an exceptional circumstance of import most grave. Such an attempt tends to chip away at that particular foundation stone in our constitutional scheme described as the separation of powers. As above indicated, courts are, in a sense, chartered institutions, operating under authority granted by the representatives of the people. Lawfully conferred jurisdiction is essential. Jurisdiction cannot be presumed, Smith v. McCullough, 270 U.S. 456 (1926); Hanford v. Davies, 163 U.S. 273 (1896), or enlarged or conferred by agreement of the parties, Mitchell v. Maurer, 293 U.S. 237 (1934); S. Stern & Co. v. United States, 51 CCPA 15, C.A.D. 830, 331 F.2d 310 (1963), cert. denied, 377 U.S. 909 (1964), or by the court itself, United States v. Torch Manufacturing Co., Inc., 62 CCPA 41, C.A.D. 1143, 509 F.2d 1187 (1975). A court’s attempted exercise of power clearly beyond its charter violates its very raison d'etre. Restraint is required.”
2 later decisions quote this exact passage“(a) The Customs Court shall have exclusive jurisdiction of civil actions instituted by any person whose protest pursuant to the Tariff Act of 1930, as amended, has been denied, in whole or in part, by the appropriate customs officer, where the administrative decision, including the legality of all orders and findings entering into the same, involves: (1) the appraised value of merchandise; (2) the classification and rate and amount of duties chargeable; (3) all charges or exactions of whatever character within the jurisdiction of the Secretary of the Treasury; (4) the exclusion of merchandise from entry or delivery under any provisions of the customs laws; (5) the liquidation or reliquidation of an entry, or a modification thereof; (6) the refusal to pay a claim for drawback; or (7) the refusal to reliquidate an entry under section 520(c) of the Tariff Act of 1930, as amended.”
2 later decisions quote this exact passage“. . . Classification is but one step in the liquidation process, ap-praisement being another. *}» . . . The importer has paid the estimated duties to obtain entry of the merchandise. However, there having been no liquidation, the full amount of liquidated duties due can be neither known or paid. Until those duties are paid, the [ ] Court has no jurisdiction to hear any complaint concerning the classification of the merchandise entered. * * * However sincere and well-intentioned may be the judge, an attempt, by any court, to exercise a nonexistent jurisdiction is an exceptional circumstance of import most grave.”
1 later decision quote this exact passage
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.