Friday, November 14, 2008

Elsie Law's Daily Dose Of The Law

According to Black's Law Dictionary, police power is: "An authority conferred by the American constitutional system in the Tenth Amendment, U.S. Const., upon the individual states, and in turn delegated to local governments, through which they are enabled to establish a special department of police; adopt such laws and regulations as tend to prevent the commission of fraud and crime, and secure generally the comfort, safety, morals, health, and prosperity of its citizens by preserving the public order, preventing a conflict of rights in the common intercourse of the citizens, and insuring to each an uninterrupted enjoyment of all the privileges conferred upon him or her by the general laws.

The power of the State to place restraints on the personal freedom and property rights of persons for the protection of the public safety, health, and morals or the promotion of the public convenience and general prosperity. THE POLICE POWER IS SUBJECT TO LIMITATIONS OF THE FEDERAL AND STATE CONSTITUTIONS, AND ESPECIALLY TO THE REQUIREMENT OF DUE PROCESS." (Note: All caps emphasis is my own).

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