Rappaport v. Department of Public Health & Hospitals

Dissenting Opinion

Emmert, J.

Our Constitution draws the line to provide a “government of laws and not of men,” 1 whether the men be in the executive department, or sit in the legislative department, or even sit upon the court with power to interpret the Constitution and declare laws of the General Assembly invalid. But when this court indulges in the field of constitution making by usurping the functions of the General Assembly which proposes constitutional amendments, and dispensing with the necessity of adoption by the people, under the guise of an interpretation unwarranted by the wording…