Police Power Flashcards
Define police power
Police power is the inherent authority of the state to enact laws and promulgate regulations to protect, preserve and promote the health, safety, morals, and general welfare of people. .
Which interest can the state limit under police power?
State can limit (within federal and constitutional limits), private interest including personal interests in autonomy, privacy, association and liberty as well as economic interests in freedom to contract and uses of property.
Which 3 principles are encompassed within the definition of police power?
1) governmental purpose to promote the public good
2) state authority to act permits the restriction of private interest
3) the scope of state powers is pervasive.
Which of the following is not an acceptable exercise of police power for Public Health?
1) regulation of air and surface water contaminants
2) government regulation of which color you can paint your house
3) isolation and quarantine during an epidemic
4) vaccination
2) government regulation of which color you can paint your house
Which of the following is not an acceptable exercise of police power for Public Health?
1) Flouridation of municipal water supplies
2) inspection of facilities that process and sell food products.
3) licensure of nurses
4) regulation of how much trash your household can generate
4) regulation of how much trash your household can generate
The primary legacy of the Jacobson case was its defense of social welfare philosophy and ……………………
Police power
What were the five standards developed to define constitutionally permissible exercise of public health powers?
- Public Health necessity, reasonable means, proportionality, harm avoidance and fairness.
What is Dillon’s rule?
Dillon’s rule holds that local governments can exercise only those powers expressly conferred, necessarily or fairly implied, or essential to the objects and purposes of the municipality.
In Kelo v. New London, the state exercised ——- power to enhance collective interest while diminishing individual interest.
Police
Lochner (1905) case can be used as an argument for police power.
Is this statement true or false?
False.
Lochner struck down the reasonable economic regulation of bakers’ working hours.
Hypothetical case:
City A has over 2000 massage parlors since it is a tourist location and that is one of their major source of revenue. Workers at massage parlors are found to suffer from significantly higher rates of bone and skin conditions. They work for over 100 hours a week.
What would the court’s decision be on limiting hours of work for these workers in the Lochner era? What would the court’s decision be in post-Lochner era?
In the Lochner era, the court would be more likely to vote for the economic interest and freedom to contract for the massage workers and strike down the regulation of the working hours.
In the post-Lochner era, the courts are more likely to support reasonable economic regulation for enhancing common good and support the regulation, after reviewing the regulation using substantive due process and equal protection clause.
What is the ‘reserved powers’ doctrine?
The 10th amendment reserves all rights that are not prohibited from the states and not granted to Federal government, to the states.
What are some of the limitations of the negative constitution doctrine?
- Acts v. omissions of gov often difficult to
determine - Fed gov and cts failure to protect can
leave states free to abuse citizens - Provides incentive to states NOT to act
- Interpretation ignores the context of
“positive rights” or obligations inherent
in 18th Cent.
