Fundamental Powers of the State

Question 1

The Fundamental Powers of the State

Answer 1

1. Police Power
2. Power of Eminent Domain
3. Taxation Power

Question 2

Why are the powers of the state considered inherent?

Answer 2

Because the government cannot exist without them. These powers are the very essence of the government.

Question 3

The power easily outplacing the rest

Answer 3

Police Power

Question 4

The most pervasive and demanding of the three powers

Answer 4

Police Power

Question 5

Regulates both the property and liberty of persons

Answer 5

Police Power

Question 6

Police power extends to these following public needs

Answer 6

1. Public Health
2. Public Morals
3. Public Safety
4. Public Welfare

Question 7

The power of the state to forcibly acquire needed property to devote it to public use upon payment of just compensation

Answer 7

Eminent Domain

Question 8

Conditions of Eminent Domain

Answer 8

1. Taking of Private Property
2. For Public Use
3. Just Compensation
4. Observance of Due Process

Question 9

The government collects and imposes revenues to defray the necessary expenses of the government

Answer 9

Taxation Power

Question 10

To carry out projects that are for the common good

Answer 10

Taxation Power

Question 11

Enforced proportional contributions from persons and property

Answer 11

Taxes

Question 12

True or False: Taxes are levied by the state by virtue of its sovereignty.

Answer 12

True

Question 13

Power in which its extent is to the liberty and property rights of people

Answer 13

Police Power

Question 14

Power in which its extent is to solely the property of people

Answer 14

Taxation Power

Question 15

Power in which its extent is to property rights

Answer 15

Eminent Domain

Question 16

Who exercises police power?

Answer 16

Government, specifically the Legislature

Question 17

Who exercises taxation power?

Answer 17

Government, specifically the Legislature

Question 18

Who exercises eminent domain?

Answer 18

Government and private entities (for as long as it is intended for)

Question 19

The purpose of police power

Answer 19

Property is destroyed to eliminate threats to the general welfare of the public

Question 20

The purpose of taxation power

Answer 20

Taxes collected are intended for public use and projects

Question 21

The purpose of eminent domain

Answer 21

Private properties are taken to be for public use

Question 22

True or False: The fundamental powers of the state may only be exercised with the express constitutional grant.

Answer 22

False

Question 23

True or False: The fundamental powers are necessary and dispensable.

Answer 23

False, indispensable

Question 24

Methods by which the state interferes with private rights

Answer 24

Fundamental Powers of the State

Question 25

True or False: The fundamental powers are all primarily exercised by the Judicial Branch.

Answer 25

False, Legislature

Question 26

True or False: Only eminent domain presupposes an equivalent compensation for the private rights interfered with.

Answer 26

False, all fundamental powers

Question 27

True or False: The fundamental powers may not be exercised arbitrarily to the prejudice of the Bill of Rights (Article IV)

Answer 27

False, Article III

Question 28

True or False: The fundamental powers are subject at all times to the limitations and requirements of the Constitution.

Answer 28

True

Question 29

True or False: The fundamental powers can be annulled by the courts in proper cases.

Answer 29

True