green
Positive treatment
Quoted verbatim 1×
4.1 score
“he preservation of the states, and the maintenance of their governments, are as much within the design and care of the constitution as the preservation of the union and the maintenance of the national government.”
Treatment trajectory · 1900 → 2026 · click a year to view as-of
1900
1963
2026
Top citers, strongest first. 12 distinct citers.
How cited ↗
discussed
Limited
Igartúa v. United States
By contrast, Puerto Rico's internal government structure is exactly like that of a state.”) (citing Texas v. White, 74 U.S. (7 Wall.) 700, 721 , 19 L.Ed. 227 (1868) ("A state, in the ordinary sense of the Constitution, is a political community of free citizens, occupying a territory of defined boundaries, and organized under a government sanctioned and limited by a written constitution, and established by the consent of the governed.”)).
examined
Cited as authority (quoted)
Gordon v. Griffith
he preservation of the states, and the maintenance of their governments, are as much within the design and care of the constitution as the preservation of the union and the maintenance of the national government.
discussed
Cited "see"
Iowa Farm Bureau Federation, Iowa Renewable Fuels Association, and Iowa Water Environment Association
(2×)
See Texas v. White, 74 U.S. (7 Wall.) 700 , 732–33, 19 L.
discussed
Cited "see"
Kohlhaas v. State, Office of the Lieutenant Governor
See AS 15.45.080 ("'The lieutenant governor shall deny certification upon determining in writing that (1) the proposed bill to be initiated is not in the required form. ..."). 33 . 74 U.S. (7 Wall.) 700 , 19 L.Ed. 227 (1868). 34 .
discussed
Cited "see"
Stroman Realty, Inc. v. Antt
See generally Hans v. Louisiana, 134 U.S. 1 , 10 S.Ct. 504 , 33 L.Ed. 842 (1890) (inventing a generalized "sovereign” immunity irreconcilable with the nature of the Constitution as a whole, the Fourteenth Amendment, Texas v. White, 7 Wall. 700 , 74 U.S. 700 , 19 L.Ed. 227 (1868), and reason).
discussed
Cited "see"
National Petrochemical Co. of Iran v. The M/T Stolt Sheaf
For our purposes in this case, we also note that, under international law, a “state” is generally defined as “an entity that has a defined territory and a permanent population, under the control of its own government, and that engages in, or has the capacity to engage in, formal relations with other such entities.” Restatement 3d § 201; see Texas v. White, 74 U.S. (7 Wall.) 700, 720 , 19 L.Ed. 227 (1868).
discussed
Cited "see"
National Petrochemical Company Of Iran v. The M/T Stolt Sheaf
See Banco Nacional de Cuba v. Sabbatino, 376 U.S. 398, 410 , 84 S.Ct. 923, 930 , 11 L.Ed.2d 804 (1964); Guaranty Trust Co. v. United States, 304 U.S. 126, 137 , 58 S.Ct. 785, 791 , 82 L.Ed. 1224 (1938); see also Restatement (Third) of the Foreign Relations Law of the United States Sec. 204 (1987) (Restatement 3d ). 9 For our purposes in this case, we also note that, under international law, a "state" is generally defined as "an entity that has a defined territory and a permanent population, under the control of its own government, and that engages in, or has the capacity to engage in, formal r…
cited
Cited "see"
Thompson v. State of NY
See Texas v. White, 74 U.S. (4 Wall.) 700 , 19 L.Ed. 227 (1869); Collector v. Day, 78 U.S. (11 Wall.) 113 , 20 L.Ed. 122 (1871); United States v. Cruikshank, 92 U.S. 542 , 23 L.Ed. 588 (1876). 25 .
cited
Cited "see"
Johnson v. Genesee County, Michigan
See Texas v. White, 7 Wall. 700 , 19 L.Ed. 227 .
discussed
Cited "see, e.g."
S. Kadic, on Her Own Behalf and on Behalf of Her Infant Sons Benjamin and Ognjen, Internationalna Iniciativa Zena Bosne I Hercegovine \Biser
The definition of a state is well established in international law: 55 Under international law, a state is an entity that has a defined territory and a permanent population, under the control of its own government, and that engages in, or has the capacity to engage in, formal relations with other such entities. 56 Restatement (Third) Sec. 201; accord Klinghoffer, 937 F.2d at 47; National Petrochemical Co. of Iran v. M/T Stolt Sheaf, 860 F.2d 551 , 553 (2d Cir.1988); see also Texas v. White, 74 U.S. (7 Wall.) 700, 720 , 19 L.Ed. 227 (1868). "[A]ny government, however violent and wrongful in its…
discussed
Cited "see, e.g."
Kadic v. Karadžić
Restatement (Third) § 201; accord Klinghoffer, 937 F.2d at 47; National Petrochemical Co. of Iran v. M/T Stott Sheaf, 860 F.2d 551 , 553 (2d Cir.1988); see also Texas v. White, 74 U.S. (7 Wall.) 700, 720 , 19 L.Ed. 227 (1868). “[A]ny government, however violent and wrongful in its origin, must be considered a de facto government if it was in the full and actual exercise of sovereignty over a territory and people large enough for a nation.” Ford v. Surget, 97 U.S. (7 Otto) 594, 620, 24 L.Ed. 1018 (1878) (Clifford, J., concurring).
Retrieving the full opinion text from the archive…
Generes
v.
Bonnemer
v.
Bonnemer
Supreme Court of the United States.
Apr 12, 1869.
The case was submitted by Mr. Janin'for the plaintiff in error, and by Mr. Durani, contra, pointing out the peculiarity of the record.
Miller.
Cited by 8 opinions | Published
Citer courts: E.D. New York (1)
Mr. Justice MILLER
delivered the opinion of the court.
To permit the judge to make a statement of facts, on which the case shall be heard here, after the case is removed to this court by the service of the writ of error, or even after it is issued, would place the rights of parties who have judgments of record, entirely in the power of the judge, without hearing and without remedy. The statement of facts, filed without consent of the parties, must be treated as a nullity;, and, as there is nothing,on which error of the court below can be predicated, the judgment must be
Affirmed.