Davis v. State’s Empirical Analysis

Citation profile

2 district · 64 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 72 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““In our inquiries into the nature and limits of legislative power, as affecting this subject, we are not disposed to controvert or materially qualify the principle so emphatically enunciated by this court in Dorman v. State, 34 Ala. 216, 236 , that there are no limits to the legislative power of the state government, save such as are written upon the pages of the state or federal Constitution. Tt has never been questioned, so far as I know,’ says Redfield, C. J., in Thorpe v. R. R. Co., 27 Vt. 142 [ 62 Am. Dec. 625 ], ‘that the American Legislatures have the same unlimited power in regard to legislation which resides in the British Parliament, except where they are restrained by written Constitutions. That must be conceded, I think,’ he says, ‘to be a fundamental principle in the organization of the American states.’ Cooley on Const. Lim. 88, 89. And this power and jurisdiction of Parliament, as expressed in the familiar language of Sir Edward Coke, ‘is so transcendent that it cannot be confined, either for causes or persons, within any bounds.’ 2 Coke Ins. 36."”

   1 later decision quote this exact passage
   e.g. Osage & Oklahoma Co. v. Millard, Co.

2. ““Its primary object,” said the court, with courteous moderation, “is not to interfere with the right of property, or its vendable character; its object is to regulate traffic in the staple agricultural product of the state, so as to prevent a prevalent evil, which, in the opinion of the law-making power, may have done much to demoralize agricultural labor and destroy the legitimate profits of the agricultural pursuit, to the public detriment, at least within the specified territory. This the Legislature had the power to do.””

   1 later decision quote this exact passage
   e.g. Jackson v. Cravens

3. ““It has never been seriously questioned,” said that renowned court, “that the jus disponendi is not an absolutely unqualified and indispensable right attaching to property, but is subject to such regulations not inconsistent with the Constitution, as, in the judgment of the law-making powers, the interests of society and good government may require.””

   1 later decision quote this exact passage
   e.g. Jackson v. Cravens