Brown v. Walker’s Empirical Analysis

Citation profile

1 district ·

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 3 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““When a statute has been passed by the legislative branch of the government, tbo judicial branch will act with great caution in declaring it unconstitutional, and will do so ‘only,’ as Chief Justice Black said in Sharpless v. Mayor, etc., of Philadelphia, 21 Pa. 164 , 59 Am. Dec. 759 , ‘when it violates tlie Constitution clearly, palpably, plainly, and in such manner as to leave no doubt or hesitation on our minds.’ For, as Chief Justice Marshall said in Fletcher v. Peck, 6 Cranch, 126 , 3 L. Ed. 162 : ’The question whether a law be void for its repugnancy to the Constitution is, at all times, a question of much delicacy, which ought seldom, if ever, to be decided in the affirmative in a doubtful case. -The court, when impelled by duty to render such a judgment, would be unworthy of its station, could it be unmindful of the solemn obligations which that station imposes. But it is not on slight implication and vague conjecture that the Legislature is to be pronounced to have transcended its powers, and its acts to be considered as void. The opposition between the Constitution and the law should be such that the judge feels a clear and strong conviction of their incompatibility with each other.’ ””

   1 later decision quote this exact passage · from the majority
   e.g. United States v. Delaware & H. Co.

2. ““We are clearly of opinion that no statute which leaves the party or witness subject to prosecution after lie answers the criminating question put to him can have tlie effect of supplanting the privilege conferred by the constitution of the United States. * * * In view of the constitutional provision, a statutory enactment, to be valid, must afford absolute immunity against future prosecution for the offense to 'which the question relates.””

   1 later decision quote this exact passage · from the majority
   e.g. In re Scott