Constitutional Law Police Power – This is the power vested in the Legislature by the

Is the study of fundamental powers of the state. Constitution to make, ordain, and establish all manner of wholesome
The Inherent powers of the state are as follows: and reasonable laws, statutes and ordinances, either with penalties or
1. Power of Taxation without, not repugnant to the Constitution, for the good and welfare
2. Police Power of the State and its subjects.
3. Power of Eminent Domain To regulate liberty and property for the promotion of the general
Inherent defined: welfare and convenience of the people.
As being inherent, it means that as long as the state exists, this power Basis:
can never be taken away. This power is based on the legal maxim “salus populi est suprema
lex” (the voice of the people is the supreme law). Every citizen of
Power of Taxation – An inherent power of the state exercised through every community, in a civilized society must bear certain burdens
legislature, to impose burdens upon subjects and objects within its imposed for the good of all.“sic utere tuo ut alienum non leadas”
jurisdiction, that demands from the members of the society their Use your property so that you do not injure that of another.
proportionate share or contribution in the maintenance of the Note:
government. No right is absolute in the face of the common good.
Nature: Limitations:
An inherent power of the state exercised through the legislature. Due Process and Equal Protection.
Life blood of the Government. Lawful Means “the end does not justify the means” - The interests of
Scope: the public generally, as distinguished from those of a particular
To impose burdens upon subjects and objects within its jurisdiction. class, require the exercise of the police power and;
It is unlimited in its range, acknowledging in its very nature no limits, so Lawful Subject “no man is an island” a valid legal principle. The
that security against its abuse is to be found only in the responsibility of means employed are reasonably necessary for the accomplishment
the legislature. of the purpose and not unduly oppressive upon individuals.
Purpose: Characteristics:
For raising revenue to carry out the legitimate objects of the Most Pervasive, The least limitable and The most demanding of the
government. three inherent powers.
It is the life and blood of the state to support the activities and projects Nature:
of the government for public use. Police power is an attribute of sovereignty and founded on the
Limitations: obligation of the State to provide protection for its citizens and the
All citizens must be treated alike. As long as it is not confiscatory safety and good order of society.
and arbitrary. Scope:
Police power is founded on which our social system rests and has for
its object the improvement of social and economic conditions
affecting the community. It depends on the security of the social Requisites:
order, life and health of citizens, comfort and existence in a thickly 1. There must be taking of public property
populated community, enjoyment of social life, and beneficial use of 2. It must be for public use
property. 3. There must be just compensation
Police Power is equated with the totality of legislative power. 4. Due process of law must be observed in taking of the of property

Requisites:
1. Interest of the public is general, not that of a particular class
2. means used are reasonably necessary for the purpose, and not
unduly oppressive upon individuals.
Elements of Police Power
1. Imposition of restraint upon liberty or property.
2. The power is exercised for the benefit of the common good.
REQUISITES FOR DELEGATION OF POLICE POWER
1. Must contain Standards (pursuant to which the exercise of police
power must be guided)
2. The subject matter (must be related to any of the objects of the
exercise of police power)
3. The means employed must be reasonable and not arbitrary
Power of Eminent Domain – This is the right of the State to acquire
private property for public use upon payment of just compensation
and observance of due process.
Basis:
It is based on genuine necessity and that necessity must be of public
character. It must be reasonable and practicable such that it would
greatly benefit the public with the least inconvenience and expense
to the condemning party and property owner consistent with such
benefit.
SIMILARITIES
1.They are inherent in the State and may be exercised by it without need
of constitutional grant.
2.They are not only necessary but indispensable. The State cannot
continue or be effective unless it is able to exercise them.
3.They are methods by which the State interferes with private rights.
4.They all presuppose an equivalent compensation for the private rights
interfered with.
5.They are exercised primarily by the legislature.
DIFFERENCES
1.The police power regulates both liberty and property. The power of
eminent domain and the power of taxation affect only property rights.
2.The police power and the power of taxation may be exercised only by
the government. The power of eminent domain may be exercised by
some private entities.
3.The property taken in the exercise of the police power is destroyed
because it is noxious or intended for a noxious purpose. The property
taken under the power of eminent domain and the power of taxation is
intended for a public use or purpose and is therefore wholesome.
4.The compensation of the person subjected to the police power is the
intangible altruistic feeling that he has contributed to the general
welfare. The compensation involved in the other powers is more
concrete, to wit, a full and fair equivalent of the property expropriated
or protection and public improvements for the taxes paid.