Constantin v. Smith’s Empirical Analysis
57 F.2d 227 · 1932
Citation profile
9 federal appellate · 2 district · 3 state decisions
How this case has been cited
Cited by 20 later decisions (3 by the Supreme Court) — most recently August 1995
9 federal appellate · 2 district · 3 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. § 41
Relies on Ex Parte: Edward T Young · Yick Wo v. Hopkins · Cannon v. United States · Mills v. Green · William Truax v. Mike Raich
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 20 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“for cause”). 2 . For purposes of discussion only, without mentioning or deciding the issues, we wiU make two assumptions pertaining to the controversy. The first is that TARNG 635-100 is a regulation that is generaHy valid because it was promulgated according to procedures required by law in an exercise of a rulemaking power delegated to the Adjutant General by the legislature. The second is that no federal statute or regulation applies to the controversy. Any discussion of the particulars of these assumptions is unnecessary and would extend our opinion inordinately. 3 . So long as the courts are open and able to act effectively, the fundamental rule is this: "The military shall at all times be subordinate to the civil authority.”
1 later decision quote this exact passage“in every gathering assembled, protesting the suppression of free speech, the interference with the processes, the judgments, the decrees of courts, these men had denounced martial tyranny, and sought relief against it, and, when they met to adopt the constitution of 1876 which still obtains, they determined to, and they did, so write the fundamental law that such deprivations of liberty might never again occur.”
1 later decision quote this exact passage“were written into the fundamental law as direct inhibitions upon the executive, by men who had suffered under the imposition of martial law, with its suspension of civil authority, and the ousting of the courts during reconstruction in Texas.”
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.