Packer Collegiate Institute v. University of New York
New York Court of Appeals
I. The statute and regulations are unconstitutional in that they deprive school owners, parents, teachers, children and others of liberty, and citizens of privileges and immunities, secured by the Fourteenth Amendment and by the principles of the First Amednment of the Federal Constitution, and of rights and liberty secured by sections 1 and 6 of article I of the New York Constitution; and in that, thereby and otherwise, they threaten to deprive plaintiff and others of…
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I. The statute and regulations are unconstitutional in that they deprive school owners, parents, teachers, children and others of liberty, and citizens of privileges and immunities, secured by the Fourteenth Amendment and by the principles of the First Amednment of the Federal Constitution, and of rights and liberty secured by sections 1 and 6 of article I of the New York Constitution; and in that, thereby and otherwise, they threaten to deprive plaintiff and others of property in violation of the due process clauses .of the Fourteenth Amendment and said section 6. (Board of Education v.…
1DissentLewis, J.
Although counsel for the appellant has argued before us that paragraph 5 of subdivision B of section 625 of the Education Law, violates in several respects both the Federal and the State Constitutions, the decision by a majority of the court rests upon a single assignment of invalidity — that the challenged statute is “an attempted delegation of legislative power, in violation of section 1 of article III of the New York State Constitution ”. I cannot assent to that conclusion. .
It is my view that this is one of those instances — of which the Education Law furnishes many examples — when…
2Cases cited10 opinions
- Holden v. HardySupreme Court of the United States · 1898
- Douglas v. NobleSupreme Court of the United States · 1923
- Matter of Marburg v. ColeNew York Court of Appeals · 1941
- Matter of Small v. MossNew York Court of Appeals · 1938
- Darweger v. StaatsNew York Court of Appeals · 1935
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