Powers v. State

KITE, Chief Justice, and GOLDEN, Justice (Ret.),

dissenting.

[¶89] Superintendent Hill and the Powers assert that Senate Enrolled Act 0001 (SEA 0001) is unconstitutional because it takes away from the office of superintendent of public instruction (hereinafter superintendent) the powers and duties of general supervision of the public schools. "It is always a matter of very grave importance to decide upon the constitutionality of an act of the Legislature." State ex rel. Hynds v. Cahill, 12 Wyo. 225, 281, 75 P. 433, 442 (1904). In considering a constitutional challenge to a statute, a rule "of…