police power

police power
A term impossible of abstract, and incapable of complete, definition. Berman v Parker, 348 US 26, 99 L Ed 27, 75 S Ct 98. In one sense, the whole power of government to which all other powers are only incidental and ancillary; nothing more or less than the powers of government inherent in every sovereignty to the extent of its dominions. A.F.L. v American Sash & Door Co. 67 Ariz 20, 189 P2d 912, affd 335 US 538, 93 L Ed 2d 222, 69 S Ct 258, 6 ALR2d 481. An attribute of sovereignty, comprehending the power to make and enforce all wholesome and reasonable laws and regulations necessary to the maintenance, upbuild- ing, and advancement of public weal and protection of public interests. State ex rel. Whetsel v Wood, 207 Okla 193, 248 P2d 612, 34 ALR2d 1321. That power in government which restrains individuals from transgressing the rights of others, and restrains them in their conduct so far as is necessary to protect the rights of all. State v Dolan, 13 Idaho 693, 92 P 995. The domestic order of the state, whereby the individuals thereof, like members of a well-governed family, are bound to conform their general behavior to the rules of propriety, good neighborhood, and good manners, and to be decent, industrious, and inoffensive in their daily lives. Hunter v Green, 142 Fla 104, 194 So 379. The vast residual power of the state, comprising that portion of the sovereignty of the state not surrendered by the terms of the United States Constitution to the Federal Government. 16 Am J2d Const L § 262.

Ballentine's law dictionary. . 1998.

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  • Police power — is the capacity of a state to regulate behaviours and enforce order within its territory, often framed in terms of public welfare, security, morality, and safety. [cite encyclopedia| title =Police Power| encyclopedia =Encyclopedia Britannica|url …   Wikipedia

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  • Police power — (Law) The inherent power of a government to regulate its police affairs. Note: The term police power is not definitely fixed in meaning. In the earlier cases in the United States it was used as including the whole power of internal government, or …   The Collaborative International Dictionary of English

  • police power — the power of a nation, within the limits of its constitution, to regulate the conduct of its citizens in the interest of the common good. [1820 30, Amer.] * * * Power of a government to exercise reasonable control over people and property within… …   Universalium

  • police power — 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… …   Black's law dictionary

  • police power — noun : the inherent power of a government to exercise reasonable control over persons and property within its jurisdiction in the interest of the general security, health, safety, morals, and welfare except where legally prohibited (as by… …   Useful english dictionary

  • police power — noun Date: 1827 the inherent power of a government to exercise reasonable control over persons and property within its jurisdiction in the interest of the general security, health, safety, morals, and welfare except where legally prohibited …   New Collegiate Dictionary

  • police power — noun The inherent power, incident to sovereignty, of a state to regulate and exercise reasonable control over matters of public health, public morals, public safety, and in general, all things relating to the general welfare …   Wiktionary

  • federal police power — A power analagous to the police power of the states; the police power appropriate to the exercise of any attribute of sovereignty specifically granted the federal government by the Constitution of the United States. 16 Am J2d Const L §. 276 …   Ballentine's law dictionary

  • state police power — Every state has power to enact laws for the protection of its citizens health, welfare, morals and safety and such power is derived from the 10th Amendment, U.S.Const. This power is upheld if exercised in a manner consistent with its ends and if… …   Black's law dictionary

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