Elsberry v. Seay’s Empirical Analysis

Citation profile

16 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 18 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “"Controlled by the conservative principle that the diffusion of knowledge, at least elementary, is essential to the preservation of free government, and, as conclusive to this end, the extension of the opportunities and advantages of education through the various parts of the state, the convention declared and incorporated in the organic law that a system of public schools shall be established, organized, and maintained; but, for the first time in the state Constitution, specially designated its character, extent, and purposes. The constitutional system of common schools must extend throughout the state, and must afford equal benefit to all ’the children thereof, within the specified years. The General Assembly is without authority to establish a system of common schools which does not possess, in its entirety, those distinguishing features. It is more than a presumption that the term ‘public schools’ was employed in the Constitution in its popular meaning and sense, the system of public schools to which the people of the state had been accustomed, and as they would understand it, in adopting the Constitution.””

   1 later decision quote this exact passage
   e.g. Regents of University v. Board of Education

2. ““The principle of free elementary education is not of modern origin. Public schools were established for the education of the children of the community, in States which have long since perished; and in some European States, systems of popular education were created at an early period. In New England, common schools originated more than two centuries ago, and, with the spread of popular enlightenment, and the increase of material prosperity, have received in this country their most enlarged development; until a system of public schools has been established in every State of the Union, varying in details, but all preserving the leading feature and distinguishing characteristic — the extension of the opportunities and benefits of popular education to all the children of school age in the state.””

   1 later decision quote this exact passage
   e.g. Alabama Coalition for Equity, Inc. v. James

3. “"The primary object of inquiry 'is the meaning and intent of the framers of the Constitution, and of the people in adopting it, as manifested by the terms employed, when considered in connection with the prior and existing state of things. When words and phrases are employed which have acquired a defined popular signification, the manifest inference is that they are used in their known and defined meaning and sense, no intention being apparent, from the nature and manner of use or otherwise, to attach any other signification.””

   1 later decision quote this exact passage
   e.g. Regents of University v. Board of Education