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9 North Carolina opinions name it 2 courts 1893–2022 2 in the last five years
The cases below were cited by North Carolina courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
State v. McCluneygreen2 sentences1975See, State v. McCluney, 280 N.C. 404 , 185 S.E. 2d 870 . 1975See, State v. McCluney, 280 N.C. 404 , 185 S.E. 2d 870 . | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in North Carolina. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Lane v. Doe ex dem. Dorman
neutral
2 sentences1968Or as said by the Supreme Court óf Illinois: ‘The inquiry into the válidity of an act of the Legislature is an inquiry whether 'the will 'of the people as- expressed in the law, is or is not in conflict with the will of the people, as expressed in the Constitution; 'and unless it be clear, that the Legislature; has transcended’ it§rauthority, the courts will not interfere.’ Lane v. Dorman, 4 Ill. 238 .” In Yarborough v. Park Commission, 196 N.C. 284 , 145 S.E. 563 , Justice Adams, one,,of the most scholarly judges who has served upon this Bench, saidipr,the Court: “It is not easy to frame a de 1928Or as said by the Supreme Court of Illinois: “The inquiry into the validity of an act of the Legislature is an inquiry whether the will of the people as expressed in the law, is or is not in conflict with the will of the people, as expressed in the Constitution; and unless it be clear that the Legislature has transcended its authority, the courts will not interfere.” Lane v. Dorman, 4 Ill., 238 . *228 It should be observed, however, that we are dealing with the very fundamentals of government. | 3 | 1928–1968 |
Abbott v. Perez
green
2 sentences2022State Conf. of the NAACP v. Moore, 382 N.C. 129 , 2022-NCSC-99, ¶ 26 (“[i]n the system of government our constitution prescribes, the legislature represents the untrammeled will of the people” (cleaned up)). ¶ 88 The majority and the trial court make the same legal mistakes for which the federal district court’s ruling was rebuked by the Fourth Circuit in Raymond: they misapply Abbott v. Perez, 138 S. Ct. 2305 (2018), fail to credit the legislature with the presumption of good faith, and place no burden on plaintiffs. 2022State Conf. of the NAACP v. Moore, 382 N.C. 129 , 2022-NCSC-99, ¶ 26 (“[i]n the system of government our constitution prescribes, the legislature represents the untrammeled will of the people” (cleaned up)). ¶ 88 The majority and the trial court make the same legal mistakes for which the federal district court’s ruling was rebuked by the Fourth Circuit in Raymond: they misapply Abbott v. Perez, 138 S. Ct. 2305 (2018), fail to credit the legislature with the presumption of good faith, and place no burden on plaintiffs. | 2 | 2022–2022 |
Shoemaker v. United States
green
2 sentences1968Or as said by the Supreme Court óf Illinois: ‘The inquiry into the válidity of an act of the Legislature is an inquiry whether 'the will 'of the people as- expressed in the law, is or is not in conflict with the will of the people, as expressed in the Constitution; 'and unless it be clear, that the Legislature; has transcended’ it§rauthority, the courts will not interfere.’ Lane v. Dorman, 4 Ill. 238 .” In Yarborough v. Park Commission, 196 N.C. 284 , 145 S.E. 563 , Justice Adams, one,,of the most scholarly judges who has served upon this Bench, saidipr,the Court: “It is not easy to frame a de 1968Or as said by the Supreme Court óf Illinois: ‘The inquiry into the válidity of an act of the Legislature is an inquiry whether 'the will 'of the people as- expressed in the law, is or is not in conflict with the will of the people, as expressed in the Constitution; 'and unless it be clear, that the Legislature; has transcended’ it§rauthority, the courts will not interfere.’ Lane v. Dorman, 4 Ill. 238 .” In Yarborough v. Park Commission, 196 N.C. 284 , 145 S.E. 563 , Justice Adams, one,,of the most scholarly judges who has served upon this Bench, saidipr,the Court: “It is not easy to frame a de | 2 | 1968–1968 |
Yarborough v. North Carolina Park Commission
green
2 sentences1968Or as said by the Supreme Court óf Illinois: ‘The inquiry into the válidity of an act of the Legislature is an inquiry whether 'the will 'of the people as- expressed in the law, is or is not in conflict with the will of the people, as expressed in the Constitution; 'and unless it be clear, that the Legislature; has transcended’ it§rauthority, the courts will not interfere.’ Lane v. Dorman, 4 Ill. 238 .” In Yarborough v. Park Commission, 196 N.C. 284 , 145 S.E. 563 , Justice Adams, one,,of the most scholarly judges who has served upon this Bench, saidipr,the Court: “It is not easy to frame a de 1968Or as said by the Supreme Court óf Illinois: ‘The inquiry into the válidity of an act of the Legislature is an inquiry whether 'the will 'of the people as- expressed in the law, is or is not in conflict with the will of the people, as expressed in the Constitution; 'and unless it be clear, that the Legislature; has transcended’ it§rauthority, the courts will not interfere.’ Lane v. Dorman, 4 Ill. 238 .” In Yarborough v. Park Commission, 196 N.C. 284 , 145 S.E. 563 , Justice Adams, one,,of the most scholarly judges who has served upon this Bench, saidipr,the Court: “It is not easy to frame a de | 2 | 1968–1968 |
Wachovia Bank and Trust Company v. Andrews
green
2 sentences1986Wachovia Bank and Trust Co. v. Andrews, 264 N.C. 531 , 142 S.E. 2d 182 (1965). 1986Wachovia Bank and Trust Co. v. Andrews, 264 N.C. 531 , 142 S.E. 2d 182 (1965). | 1 | 1986–1986 |
Board of Education v. Board of County Commissioners
green
2 sentences1960Sec. 1, c. 508, P.L. 1909. ■ This Act was challengd in Board of Education v. Board of Commissioners, 174 N.C. 469 , 93 S.E. 1001 . 1960Sec. 1, c. 508, P.L. 1909. ■ This Act was challengd in Board of Education v. Board of Commissioners, 174 N.C. 469 , 93 S.E. 1001 . | 1 | 1960–1960 |
Gilmer v. . Holton
neutral
1 sentence1893"We may refer to what was recently said by the Court in the case of Gilmer v. Holton, 98 N. C., 26 , where tlm Clerk of the Superior Court refused to administer the oath of office to a Justice of the Peace appointed by the Governor under the act of Assembly, because in the opinion of the Clerk the act was unconstitutional: “ It is a proper occasion for us to remark that if every subordinate officer in the machinerj’ of the State government is to assume an act of the Legislature to be in violation of the Constitution and refuse to act under it, it might greatly obstruct its operation and lead t | 1 | 1893–1893 |
Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.