Eleanor Finch
The U.S. Constitution gives states the inherent police power to enact and enforce laws and regulations for the protection and maintenance of the public's health, safety, morals, and general welfare. While the term police power does not directly relate to police officers, it refers to the broad regulatory power of the government. The Tenth Amendment states that any powers not explicitly granted to the federal government by the Constitution are reserved for the states or the people. This division of police power is a central tenet of the system of federalism embodied in the U.S. Constitution. While states have broad police powers, they are limited by state constitutions, exclusive federal powers, the Takings Clause, and the incorporation of fundamental federal rights through the Fifth and Fourteenth Amendments.
| Characteristics | Values |
|---|---|
| Police powers are the fundamental ability of a government to enact laws to coerce its citizenry for the public good | Public safety, public health, morality, peace and quiet, law and order |
| Police power is exercised by the legislative and executive branches of the various states through the enactment and enforcement of laws and regulations | States have the power to compel obedience to these laws through legal sanctions and physical means |
| The U.S. Constitution gives states inherent "police power" to protect public health and safety | The Fourteenth Amendment’s due process clause limits how much a state can impact a person’s life, liberty, or property |
| The Fifth Amendment provides that: “No person shall be... deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.” | The Fifth Amendment technically only applies to actions by the federal government |
| Federal police power has been defined by Supreme Court rulings | The Supreme Court ruled that the Constitution “withhold [s] from Congress a plenary police power” |
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What You'll Learn
Federal Police Power
The term "police power" in the context of US constitutional law refers to the fundamental ability of a government to enact and enforce laws and regulations for the public good. This includes the power to compel obedience to these laws through various measures, provided they do not infringe on constitutionally protected rights. While the exact definition of police power is nebulous, it is generally understood as a broad regulatory power rather than the common connotation of police as officers maintaining public order.
In United States v. Lopez (1995) and United States v. Morrison (2000), the Supreme Court ruled that the Constitution withholds from Congress a plenary police power, meaning it cannot enact every type of legislation. This affirms that the federal government has limited power compared to the broader regulatory powers of the states.
The Fourteenth Amendment also plays a role in limiting federal police power by extending due process protections to actions by state governments. The Fifth Amendment, which applies specifically to actions by the federal government, provides protections for life, liberty, and property, which are further safeguarded by the Fourteenth Amendment's due process clause. These amendments ensure that state actions, including the exercise of police power, do not infringe on individuals' rights.
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State Police Power
The U.S. Constitution gives states inherent "police power" to protect public health, safety, morals, and general welfare. This power is exercised by the legislative and executive branches of the various states through the enactment and enforcement of laws and regulations. While the term "police power" does not directly relate to the common connotation of police officers, it refers to the broad governmental regulatory power. This includes the power to compel obedience to laws through various measures, provided they do not infringe upon rights protected by the U.S. Constitution or state constitutions and are not unreasonably arbitrary or oppressive.
The Tenth Amendment to the U.S. Constitution states that "powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people." This amendment delineates the division of police power in the United States, with states holding the general police power in the federal system. As such, a state's regulatory power is incredibly broad and limited mainly by its constitution, exclusive federal powers, the Takings Clause, and the incorporation of fundamental federal rights through the Fourteenth Amendment.
While states have broad police powers, they are not absolute. The Fourteenth Amendment's due process clause limits how much a state can impact a person's life, liberty, or property. The Fifth Amendment, which was extended to the states through the Fourteenth Amendment, also provides protections against deprivation of life, liberty, or property without due process. These amendments ensure that public health regulations do not violate a person's constitutional rights.
The Supreme Court has played a significant role in interpreting and restricting state police powers. In United States v. Lopez (1995) and United States v. Morrison (2000), the Court ruled that the Constitution withholds from Congress a plenary police power, limiting its ability to enact certain types of legislation. The Court has also used the balance of interests" doctrine to weigh state police powers against individual rights and federal laws, often favouring the state's right to protect public health, safety, and welfare.
State courts also play a role in rendering decisions on the validity of contested legislation involving police powers. These courts periodically deal with matters where private health concerns conflict with public health, such as immunization requirements for school children, and generally find that the public's right to health outweighs individual concerns.
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The Tenth Amendment
The Supreme Court has played a significant role in interpreting and applying the Tenth Amendment. In cases like United States v. Lopez (1995) and United States v. Morrison (2000), the Court affirmed that the Constitution withholds plenary police power from Congress. This means that Congress does not have the authority to enact any type of legislation it wishes. The Court has also upheld the validity of state laws under the Tenth Amendment, such as in American Print Works v. Lawrence (1850) and Thorpe v. Rutland & Burlington Railroad (1854), where state statutes were deemed a valid exercise of police power.
In summary, the Tenth Amendment of the US Constitution is essential for maintaining the balance of power between the federal government and the states. It ensures that states retain the police power necessary to regulate and govern their affairs effectively, while also recognizing the limitations imposed by the Constitution and federal authority. The amendment continues to shape the legal landscape of the United States, influencing how states and the federal government interact and exercise their respective powers.
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The Fourteenth Amendment
State police power cases also sometimes involve the equal protection clause of the Fourteenth Amendment, which states: “ [nor shall any State] deny to any person within its jurisdiction the equal protection of the laws.”. The Fifth and Fourteenth Amendments refer to due process as a single idea, but the modern approach to due process breaks it down into two distinct protections: procedural and substantive due process. Procedural due process refers to the processes the government must follow when making decisions that could burden individual liberties.
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The Fifth Amendment
The Grand Jury Clause requires that most felonies be tried only upon indictment by a grand jury, though this does not apply to the state level or to those serving in the armed forces. The Double Jeopardy Clause provides the right of defendants to be tried only once in federal court for the same offence. The Self-Incrimination Clause, or the Miranda rights, includes the right to remain silent, the right to an attorney, and the right to a government-appointed attorney if the suspect cannot afford one. The Due Process Clause, which applies to both the Fifth and Fourteenth Amendments, acts as a safeguard from the arbitrary denial of life, liberty, or property by the government outside the sanction of law. The Takings Clause, or the Just Compensation Clause, limits the power of eminent domain by requiring "just compensation" for the seizure of private property for public use.
Transcription: Understanding the Process and Its True Nature
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Frequently asked questions
Police powers are the fundamental ability of a government to enact laws to coerce its citizenry for the public good. The term does not refer to the common notion of police officers charged with maintaining public order, but rather to broad governmental regulatory power.
The U.S. Constitution gives states inherent "police power" to protect public health and safety. The Tenth Amendment states that powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people. The Fourteenth Amendment further limits state power by guaranteeing due process and equal protection under the law.
The Supreme Court has ruled that the Constitution withholds from Congress a plenary police power, meaning it cannot enact every type of legislation. The Court has also upheld state laws as valid exercises of police power, such as in United States v. Lopez (1995) and Thorpe v. Rutland & Burlington Railroad (1854).
Yes, there are some restrictions on police powers. The Fifth Amendment and Fourteenth Amendment protect individuals from being deprived of life, liberty, or property without due process. Additionally, the exercise of police powers cannot infringe upon any rights protected by the Constitution or state constitutions and must not be unreasonably arbitrary or oppressive.
