Topic: he power of punishment is vested in the legislative, not in… · Go Syfert
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Topic #891

7 canonical passages across 5 cases, quoted by 32 opinions in total. These passages cluster together because the same opinions keep quoting them side by side — they state parts of one doctrine. The anchor passage is from United States v. Wiltberger.

#Case FlagCanonical passage Citers
1 United States v. Wiltberger Anchor
scotus · 1820
green “he power of punishment is vested in the legislative, not in the judicial department. it is the legislature, not the court, which is to define a crime, and ordain its punishment.” 7
2 Montgomery v. Louisiana
scotus · 2016
green “a state may remedy a miller violation by permitting juvenile homicide offenders to be considered for parole, rather than by resentencing them.” 6
3 Montgomery v. Louisiana
scotus · 2016
green “the opportunity for release will be afforded to those who demonstrate the truth of miller's central intuition-that children who commit even heinous crimes are capable of change.” 5
4 United States v. Wiltberger
scotus · 1820
green “it is the legislature, not the court, which is to define a crime, and ordain its punishment.” 5
5 Robertson v. DaimlerChrysler Corp.
mich · 2002
green “ur judicial role precludes imposing different policy choices than those selected by the legislature” 3
6 State Highway Commission v. Vanderkloot
mich · 1974
green “certainly the popular and common understanding of 4 the word 'shall' is that it denotes mandatoriness.” 3
7 State of Arizona v. Martin Raul Soto-Fong
ariz · 2020
green “ourts that have held de facto juvenile life sentences unconstitutional provide a cautionary tale, as they have invariably usurped the legislative prerogative to devise a novel sentencing scheme . . . .” 3

A red or yellow flag on a member means the underlying case has negative treatment — for those, check the case page before relying on the passage.

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