Walker v. Whitehead’s Empirical Analysis
83 U.S. 314 · 1872
Citation profile
19 federal appellate · 9 district · 70 state decisions
How this case has been cited
Cited by 157 later decisions (33 by the Supreme Court) — most recently February 2015 · most notably Home Building & Loan Ass'n v. Blaisdell (1934), Munn v. Illinois (1876)
19 federal appellate · 9 district · 70 state decisions — followed in 29 states
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.
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 157 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““The Constitution of the United States declares that no state shall pass any ‘law impairing the obligations of contracts.’ These propositions may be considered consequent axioms in our jurisprudence: The laws which exist at the time and place of the making of a contract, and where it is to be performed, enter into and form a part of it. This embraces alike those which affect its validity, construction, discharge, and enforcement. Nothing is more material to the obligation of a contract than the means of enforcement. The ideas of validity and remedy are inseparable, and both are parts of the obligation which is guarantied by the Constitution against impairment. The obligation of a contract ‘is the law which binds the parties to perform their agreement.’ Any impairment of the obligation of a contract — the degree of impairment is immaterial — is within the prohibition of the Constitution. The states may change the remedy, provided that no substantial right secured by the contract is impaired. Whenever such a result is produced by the act in question, to that extent it is void. The states are no more permitted to impair the efficacy of a contract in this way than to attack its vitality in any other manner. Against all assaults coming from that quarter, whatever guise they may assume, the contract is shielded by the Constitution. It must be left with the same force and effect, including the substantial means of enforcement, which existed when it was made. The guaranty of the Cons”
3 later decisions quote this exact passage · from the majority““The laws which exist at the time and place of the making of a contract, and where it is to be performed, enter into and form a part of it. This embraces alike those which affect its validity, construction, discharge, and enforcement.””
3 later decisions quote this exact passage · from the majority“left with the same force and effect, including the substantial means of enforcement, which existed when it was made. The guaranty of the Constitution gives it protection to that extent. Walker v. Whitehead, 16 Wall. 314 ; Tennessee v. Sneed, 96 U. S. 69 . We agree with the Supreme Court of the State that the “ proceeding”
2 later decisions quote this exact passage · from the majority
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.