Choose the letter of the correct answer.

Inherent Powers of the State

1- The State, having sovereignty can enforce contributions (tax) upon its citizens even without a specific
provision in the Constitution authorizing it. Which of the following will justify the foregoing statement?

Statement 1: It is so because the State has the supreme power to command and enforce obedience to
its will from the people within its jurisdiction.

Statement 2: Any provision in the Constitution regarding taxation does not create rights for the
sovereignty to have the power to tax but it merely constitutes limitations upon the supremacy of tax
power.
a. Only statement 1 is correct
b. Only statement 2 is correct
c. Both statements are correct
d. Both statements are incorrect

❖ Answer: C
G3 Statement 1 is a description of “sovereign power”. Statement 2 - The power to tax
is inherent. It is a power independent of the constitution. It can be exercised even
in the absence of a constitutional grant.

❖ Answer: A
tXl The power of taxation can be exercised by the government only. The only inherent power
which may be exercised by public utility companies is eminent domain. C3 There is no limit on
the amount that may be imposed because it is based on the needs of the government.

4. They exist independent of the constitution being fundamental power of the state, except
a. Power of taxation c. Power of eminent domain
b. Police power d. Power of recall

❖ Answer: D
LU They exist “independent of the constitution” means, the powers can be exercised without
being granted by the constitution.

5. Statement 1: The constitution is the source of the State’s taxing power.

Statement 2’. The police power of the government may be exercised through taxation.
a. Only statement 1 is correct
b. Only statement 2 is correct
c. Boih statements are correct
d. Both statements are incorrect

❖ Answer: B
Q7 The power to tax is one of the inherent powers of the State. They exist “independent of
the constitution”.

6. Statement 1: The Constitution cannot take away the inherent powers of the State but may only prescribe its
limitations.
Statement 2: No laws are necessary to confer the inherent powers of the State upon any government
exercising sovereignty.
a. Only statement 1 is correct
b. Only statement 2 is correct
c. Both statements are correct
d. Both statements are incorrect

❖ Answer: C 11 f *

• Ll The constitution is not the source of the inherent powers of the State, therefore, it cannot
take away such powers.

The power to demand proportionate contribution from persons and property to defray the necessary

expenses of the government

a. Power of taxation c. Power of eminent domain

b. Police power d. Power of recall