police power


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police power,

in law, right of a government to make laws necessary for the health, morals, and welfare of the populace. The term has greatest currency in the United States, where it has been defined by the Supreme Court as the power of the states to enact laws of that type even where, under ordinary circumstances, Constitutional law or federal statute would override them. The doctrine was first stated by Chief Justice John Marshall, who ruled that the power of Congress over interstate commerce (Article 1, Section 8) could not prevent the states from controlling goods shipped from another state after they had been broken out of the original package. The concept of police power became very important after the passage (1868) of the Fourteenth AmendmentFourteenth Amendment,
addition to the U.S. Constitution, adopted 1868. The amendment comprises five sections. Section 1

Section 1 of the amendment declares that all persons born or naturalized in the United States are American citizens and citizens of their state
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; on the one hand, the states had to be restrained from taking liberty or property without due process of law; on the other hand, the states could not be made helpless in dealing with grave problems of an economic and social nature. Gradually the court moved away from its initial strict interpretation of the Fourteenth Amendment, during which time it had struck down economic regulations such as minimum wages and maximum hours as a violation of the amendment's due-process clause. Since the late 1930s, however, the court has upheld almost all state economic regulation as falling within the police power.

Police power

The inherent right of a government to restrict individual conduct or use of property to protect the public health, safety, and welfare. Police power is the basis for such regulations as zoning, building codes, and preservation ordinances.
References in periodicals archive ?
The Court found that the ability to stop the accused in this case was a justifiable police power.
The only police powers granted to the federal government are in Article I, Section 8 of the U.
Chapter three recuperates Joel Chandler Harris as arguably the central figure in the legitimation of black folk culture by resituating him, and especially his often dismissed early urban sketches of Uncle Remus, within a charged editorial dialogue about black vagrancy and the police power taking place in the pages of the Atlanta Constitution, where Harris's dialect columns ran.
For the sake of economic development, jurisdictions appear more willing to condone the less complicated path of condemnation proceedings than to exercise the mix of its given governmental powers (namely police power, eminent domain, and taxation) to orchestrate the metamorphosis of urban economic systems from declining to more marketable uses.
The court held that the state law provision in question "was intended to reaffirm the right of cities to exercise their traditional police powers to regulate, maintain and operate their streets and public rights-of-way, and to prevent them from abusing their police power by imposing unreasonable limitations and discriminatory fees on telephone companies which would unduly inhibit the construction of their lines and communication in public rights-of-way.
In the next section on "Police Powers and Citizens' Rights," the focus shifts to an analysis of police powers juxtaposed against citizens' rights.
Howard Gillman's examination of the rise and demise of what he calls "Lochner Era police powers jurisdiction" is a carefully researched, clearly written addition to the growing corpus of revisionist scholarship.
consulting engineering missions and technical assistance to the contracting authority in the exercise of public security police power.
Arnold Alindada, FDA regional officer for Eastern Mindanao based here, said with police power, the agency's Regulatory Enforcement Unit (REU) would no longer wait for court orders to crack down on erring establishments and individuals.
QUETTA -- After series of blasts in Quetta and Chaman on Thursday Balochistan government has given police power for two more months to Frontier Corps (FC).
Theodore Roosevelt and world order; police power in international relations.

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