Commonwealth Ex Rel. Kane v. McKechnie

The majority concludes that Section 414 of the Administrative Code of 1929, Act of April 9, 1929, P.L. 177, Art. IV, 71 P.S. § 124, is unconstitutional because, under its terms, a private group is delegated the legislative power to make appointments to a governmental board. Of course, an Act of the General Assembly is presumed to be constitutional and will not be struck down unless it clearly, palpably and plainly violates the Constitution.1 Because I cannot agree that Section 414 is constitutionally objectionable under this standard, I must dissent.

In my view, the majority’s reliance on…