Stein v. Leeper’s Empirical Analysis
1885
Citation profile
1 district · 33 state decisions
How this case has been cited
Cited by 35 later decisions (1 by the Supreme Court) — most recently March 2015 · most notably Field v. Clark (1892), Alford v. State ex rel. Attorney General (1910)
1 district · 33 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
Relies on Davis v. State · Moog v. Randolph · Jones v. Hutchinson · Block v. State · Mangan v. State
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 35 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““On what principles shall it be determined, whether the change in the bill, as approved, materially varies in substance and legal effect of the bill as passed by the General Assembly? A safe and practical rule is the one on which the courts adjudge a statute unconstitutional in toto or in part. Speaking of statutes containing some unconstitutional provisions, Judge Cooley says: ‘A statute may contain some such provisions, and yet the same act, having received the sanction of all branches of the legislature, and being in the form of a law, may contain other and salutary provisions, not obnoxious to any just constitutional exception. It would be inconsistent with all just principles of constitutional law to adjudge these enactments void, because they are associated in the same act, but not connected with, or dependent on, others which are unconstitutional.’ The learned author thus states the test: ‘If, when the unconstitutional portion is stricken out, that which remains is complete in itself, and capable of being executed with the apparent legislative intent, wholly independent of that which was rejected, it must be sustained.’ And the same rule is applied to a statute, some parts of which may not have been passed in accordance with the constitutional forms, where he says: ‘So, the forms observed in passing it may be sufficient for some of the purposes sought to be accomplished by it, but insufficient for others. In any such case, the portion which conflicts with the ' constit”
1 later decision quote this exact passage“. . . [W]here the Governor approves a bill, and the bill as approved materially varies in substance and legal effect from the bill as passed by the General Assembly, `then there exists such a want of legal and actual identity between the bill passed and the one approved, that neither of them acquires the force of a valid and constitutional enactment.' . . .”
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.