[Constitutional Law 1] Attributes of the State - Police Powers Flashcards
When confronted with a constitutional question, may a trial court judge render it immediately as unconstitutional based on a prima facie evidence of unconstitutionality?
No, a trial court judge may not render a law as unconstitutional merely based on prima facie evidence of unconstitutionality. Every statute is presumed valid and every reasonable doubt should be resolved in favor of its constitutionality (People vs Siton).
Salus populi est suprema lex
The good of the people is the supreme law.
A statute which either forbids or requires the doing of an act in terms so vague that men of common intelligence must necessarily guess at its meaning and different as to its application violates the first essential of due process of law
Void-for-vagueness doctrine
A type of legislation which denies rights to one which are accorded to others, or inflicts upon one individual a more severe penalty than is imposed upon another in like case offending
Class legislation
What is class legislation?
Class legislation is a type of legislation which denies rights to one which are accorded to others, or inflicts upon one individual a more severe penalty than is imposed upon another in like case offending.
What is the purpose of public order laws?
Public order laws are crafted to maintain minimum standards of decency, morality and civility in human society.
What is the definition of police powers?
Police powers is the authority of the State to establish such rules and regulations for the conduct of all persons as may be conducive to the public interest (US vs Pompeya).
What are the four elements of the State according to the Montevideo Convention?
(1) Permanent Territory
(2) Population
(3) Sovereignty / Capacity to enter into relations with other States
(4) Government
What are the inherent powers of the State?
- Police Power
- Power of Taxation
- Power of Eminent Domain
Can the Congress legislate on any matter?
Yes, the Congress may legislate on any matter except when the Constitution says otherwise because the powers of Congress are plenary in nature.
What do you mean by “posse comitatus?”
Posse Comitatus means “the power of the county.” Under this power, persons tasked to maintain peace and order are authorized to apprehend violators of the law, and that under this power, these authorized persons may call upon able-bodied citizens (often male) to aid them in apprehending the violators.
What do you call the writ when the State is compelled to produce the body of the personn whose liberties were illegally deprived?
Writ of Habeas Corpus
What is the only limitation to the police powers lodged in Congress?
The only limitation to police powers of the State is the Constitution.
What are the two elements of police power according to the Court in the case of Basco v PAGCOR
(1) an imposition or restraint upon liberty or property
(2) in order to foster the common good
Is police power inherent in municipal corporations?
No, police powers is not inherent in municipal corporations. Police powers is inherent in the State but it is delegated to the municipal corporations.
