Fundamental Powers of the State Flashcards
The Fundamental Powers of the State
- Police Power
- Power of Eminent Domain
- Taxation Power
Why are the powers of the state considered inherent?
Because the government cannot exist without them. These powers are the very essence of the government.
The power easily outplacing the rest
Police Power
The most pervasive and demanding of the three powers
Police Power
Regulates both the property and liberty of persons
Police Power
Police power extends to these following public needs
- Public Health
- Public Morals
- Public Safety
- Public Welfare
The power of the state to forcibly acquire needed property to devote it to public use upon payment of just compensation
Eminent Domain
Conditions of Eminent Domain
- Taking of Private Property
- For Public Use
- Just Compensation
- Observance of Due Process
The government collects and imposes revenues to defray the necessary expenses of the government
Taxation Power
To carry out projects that are for the common good
Taxation Power
Enforced proportional contributions from persons and property
Taxes
True or False: Taxes are levied by the state by virtue of its sovereignty.
True
Power in which its extent is to the liberty and property rights of people
Police Power
Power in which its extent is to solely the property of people
Taxation Power
Power in which its extent is to property rights
Eminent Domain
Who exercises police power?
Government, specifically the Legislature
Who exercises taxation power?
Government, specifically the Legislature
Who exercises eminent domain?
Government and private entities (for as long as it is intended for)
The purpose of police power
Property is destroyed to eliminate threats to the general welfare of the public
The purpose of taxation power
Taxes collected are intended for public use and projects
The purpose of eminent domain
Private properties are taken to be for public use
True or False: The fundamental powers of the state may only be exercised with the express constitutional grant.
False
True or False: The fundamental powers are necessary and dispensable.
False, indispensable
Methods by which the state interferes with private rights
Fundamental Powers of the State
True or False: The fundamental powers are all primarily exercised by the Judicial Branch.
False, Legislature
True or False: Only eminent domain presupposes an equivalent compensation for the private rights interfered with.
False, all fundamental powers
True or False: The fundamental powers may not be exercised arbitrarily to the prejudice of the Bill of Rights (Article IV)
False, Article III
True or False: The fundamental powers are subject at all times to the limitations and requirements of the Constitution.
True
True or False: The fundamental powers can be annulled by the courts in proper cases.
True
