Fullilove v. Beame

OPINION OF THE COURT

In this case as well as in Matter of Fullilove v Carey (48 NY2d 826), the fundamental question presented is not whether affirmative action is permissible or desirable. The question, simply and narrowly, is whether, under our governmental system, the central feature of which is distribution of powers, the executive has the authority to initiate affirmative action without legislative authorization.

Although the rule elsewhere may differ, the law in New York is clear.

The State Legislature, as well as the New York City Council, has unequivocally condemned discriminatory hiring…