Dawson v. Tobin’s Empirical Analysis

Citation profile

12 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 12 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““The only question that is or can be submitted at a referendum election is whether the referred measure, or such parts thereof as are referred, shall be approved or rejected.... Under the referendum provisions of the constitution the lawmaking power of the legislature is not final but is in every instance subject to the reserved power of the people to approve or reject any measure or any item or any part of any measure. A legislative enactment becomes final only in the sense that the legislative processes are completed, and that it is no longer subject to rejection (through the legislative power reserved by the people) — either when the time for invoking the power of the referendum has passed without such power being invoked, or when the measure has been approved at the referendum election.” [Emphasis added.]”

   1 later decision quote this exact passage
   e.g. State Ex Rel. Wefald v. Meier

2. ““The constitutional provisions reserving the powers of the initiative and referendum to the people of this state ... are not couched in doubtful or ambiguous terms. ‡ ⅝ jfc ⅝ ⅝ “This language is clear and specific. The scope of the power of the referendum as here stated is as broad as the power of the legislature to enact laws. * * * * * * “Indeed, there is no contention that anything said in the constitution limits the power of the referendum or prevents it from being invoked against any measure enacted by the legislature and against any and every part of any measure enacted by the legislature.””

   1 later decision quote this exact passage
   e.g. Pelkey v. City of Fargo