Casey v. South Carolina State Housing Authority

(dissenting) :

The separation of powers clause of the Constitution requires us to uphold the constitutionality of the particular act unless its unconstitutionality clearly appears beyond all reasonable doubt. The majority opinion recognizes, but, I respectfully submit, totally fails to apply this cardinal rule of constitutional construction. With all due respect to my brethren, it seems to me that the Court more and more tends to give only lip service to this rule. In the instant case I am not at all convinced that the act is violative of Article 10, section 6 of the Constitution. At the very…