McFaddin v. Jackson’s Empirical Analysis
1987
Citation profile
1
cited by 1 later decisions
1
states following
May 1992
most recently cited
1 state decisions
Relationships
Applies 26 U.S.C. § 2039
Relies on Kellems v. Brown · 43 Ill. 2d 36 - Thorpe v. Mahin · Katzenberg v. Comptroller of the Treasury · Anderson v. Tiemann · State v. McQueen & Hardyway
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 1 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“The Tennessee cases involving alleged unconstitutional delegation of legislative power have involved acts that expressly required a favorable popular vote to become operative. If the question of whether a law becomes effective is determined by the popular vote of those who will be subject to the law, our cases have held that there has been an unconstitutional delegation of legislative authority. See Gibson County Special School Dist. v. Palmer, 691 S.W.2d 544 (Tenn.1985); Lobelville Special School Dist. v. McCanless, 214 Tenn. 460 , 381 S.W.2d 273 (1964); Halmontaller v. City of Nashville, 206 Tenn. 64 , 332 S.W.2d 163 (1960); Buena Vista Special School Dist. v. Board of Election Com’rs of Carroll County, 173 Tenn. 198 , 116 S.W.2d 1008 (1938); Arthur v. State, 148 Tenn. 434 , 256 S.W. 437 (1923); and Wright v. Cunningham, 115 Tenn. 445 , 91 S.W. 293 (1905).”
1 later decision quote this exact passage“no legislative act can be so framed as that it must derive its efficacy from a popular vote. To be valid it must leave the hands of the legislature complete; not in the sense that it may go into effect at once, it is true, but it must at birth bear the impress of sovereignty, and speak the sovereign will. If it contains within itself a condition or a contingency suspending to some future time, or to the happening of some future event, its obligatory force as a rule of action or conduct of the people for whom it was intended, that contingency or that event must be one selected by the sovereign power itself as one, the happening of which shall render it immediately expedient that the suspension of the power inherent in the act shall cease, and that it shall at once become operative as a rule of conduct for the government of the people.”
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.