police power

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
..... Click the link for more information. ; 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.

Police Power

The authority conferred upon the states by the Tenth Amendment to the U.S. Constitution and which the states delegate to their political subdivisions to enact measures to preserve and protect the safety, health, Welfare, and morals of the community.

Police power describes the basic right of governments to make laws and regulations for the benefit of their communities. Under the system of government in the United States, only states have the right to make laws based on their police power. The lawmaking power of the federal government is limited to the specific grants of power found in the Constitution.

The right of states to make laws governing safety, health, welfare, and morals is derived from the Tenth Amendment, which states, "The 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." State legislatures exercise their police power by enacting statutes, and they also delegate much of their police power to counties, cities, towns, villages, and large boroughs within the state.

Police power does not specifically refer to the right of state and local government to create police forces, although the police power does include that right. Police power is also used as the basis for enacting a variety of substantive laws in such areas as Zoning, land use, fire and Building Codes, gambling, discrimination, parking, crime, licensing of professionals, liquor, motor vehicles, bicycles, nuisances, schooling, and sanitation.

If a law enacted pursuant to the police power does not promote the health, safety, or welfare of the community, it is likely to be an unconstitutional deprivation of life, liberty, or property. The most common challenge to a statute enacted pursuant to the police power is that it constitutes a taking. A taking occurs when the government deprives a person of property or directly interferes with or substantially disturbs a person's use and enjoyment of his or her property.

The case of Mahony v. Township of Hampton, 539 Pa. 193, 651 A.2d 525 (1994) illustrates how a state or local jurisdiction can exceed its police power. Mahony involved a zoning ordinance enacted by the township of Hampton in Pennsylvania. The ordinance prohibited a private party from operating a gas well in a residential district but allowed the operation of such wells by the government. Jack D. Mahony, a landowner who operated a gas well, objected to the ordinance, arguing that the disparate treatment of public and private operation of gas wells was Arbitrary and not justified by any concerns related to the police power. Mahony noted that the State Department of Environmental Regulation (DER) already regulated all gas wells in the state and that there was no factual basis for distinguishing between public and private wells.

The Supreme Court of Pennsylvania agreed with Mahony that the regulation by the DER was sufficient to secure the safety of the community. The court opined that if the township wished to further ensure gas well safety, it could require the posting of a bond with the township before granting a license to operate the well. Such a measure would ensure that the gas well was being operated by a financially secure person who would have the resources to keep the well in good repair. The court held that the total ban on private operation of gas wells in residential districts was unreasonable and that it bore no real and substantial relation to the health, safety, and welfare of the community. Therefore, the ordinance was an invalid exercise of the police power.

Cross-references

Eminent Domain; Land-Use Control; States' Rights.

单词	police power
释义	police power police power n. The inherent authority of a government to impose restrictions on private rights for the sake of public welfare, order, and security. police power 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 ..... Click the link for more information. ; 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. police power police power The constitutional power of the state to abrogate certain individual rights for the common good (e.g., to institutionalise a mentally ill person to prevent harm to self or others). Police Power Police Power The authority conferred upon the states by the Tenth Amendment to the U.S. Constitution and which the states delegate to their political subdivisions to enact measures to preserve and protect the safety, health, Welfare, and morals of the community. Police power describes the basic right of governments to make laws and regulations for the benefit of their communities. Under the system of government in the United States, only states have the right to make laws based on their police power. The lawmaking power of the federal government is limited to the specific grants of power found in the Constitution. The right of states to make laws governing safety, health, welfare, and morals is derived from the Tenth Amendment, which states, "The 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." State legislatures exercise their police power by enacting statutes, and they also delegate much of their police power to counties, cities, towns, villages, and large boroughs within the state. Police power does not specifically refer to the right of state and local government to create police forces, although the police power does include that right. Police power is also used as the basis for enacting a variety of substantive laws in such areas as Zoning, land use, fire and Building Codes, gambling, discrimination, parking, crime, licensing of professionals, liquor, motor vehicles, bicycles, nuisances, schooling, and sanitation. If a law enacted pursuant to the police power does not promote the health, safety, or welfare of the community, it is likely to be an unconstitutional deprivation of life, liberty, or property. The most common challenge to a statute enacted pursuant to the police power is that it constitutes a taking. A taking occurs when the government deprives a person of property or directly interferes with or substantially disturbs a person's use and enjoyment of his or her property. The case of Mahony v. Township of Hampton, 539 Pa. 193, 651 A.2d 525 (1994) illustrates how a state or local jurisdiction can exceed its police power. Mahony involved a zoning ordinance enacted by the township of Hampton in Pennsylvania. The ordinance prohibited a private party from operating a gas well in a residential district but allowed the operation of such wells by the government. Jack D. Mahony, a landowner who operated a gas well, objected to the ordinance, arguing that the disparate treatment of public and private operation of gas wells was Arbitrary and not justified by any concerns related to the police power. Mahony noted that the State Department of Environmental Regulation (DER) already regulated all gas wells in the state and that there was no factual basis for distinguishing between public and private wells. The Supreme Court of Pennsylvania agreed with Mahony that the regulation by the DER was sufficient to secure the safety of the community. The court opined that if the township wished to further ensure gas well safety, it could require the posting of a bond with the township before granting a license to operate the well. Such a measure would ensure that the gas well was being operated by a financially secure person who would have the resources to keep the well in good repair. The court held that the total ban on private operation of gas wells in residential districts was unreasonable and that it bore no real and substantial relation to the health, safety, and welfare of the community. Therefore, the ordinance was an invalid exercise of the police power. Cross-references Eminent Domain; Land-Use Control; States' Rights.
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