ED 205 - Teaching Social Studies in Elementary Grades

FUNDAMENTAL POWERS OF THE STATE

 Police Power - the power of the state to enact laws or regulations in relation to
persons and property for the promotion of public health, morals, safety and
general welfare.
- police power is the power of the state to promote public welfare by restraining
and regulating by use of liberty and property. It is the most pervasive, the least
limitable, and the most demanding of the three fundamental powers of the state.
- thus, congress cannot pass a regulatory law in violation of the due process
clause; equal protection clause; freedom of expression; freedom of religion;
among others.
 Eminent Domain - right or power of the state to take private property for public
use upon peyment of just compensation.
- Expropriation, The procedure by which the government takes possession of
private property is outline primarily in Rule 67 of the Rules of Court.
- Section 9. Private Property shall not be taken for public use without just
compensation. (Article III, 1987 constitution).
- The power of Eminent domain has constitutional constraints: a.) that private
property shall not be taken for public use without just compensation; b.) no
person shall be deprived of life, liberty, or property without due process of law.
 Power of Taxation - power of the state to impose proportional charges upon
person, property or rights, for the use and support of the government and to enable
it to discharge a legitimate function.
- The power to tax is the power by which the sovereign, through it's law making
body, raises revenue to defray the necessary expenses of the government.
- The basis of taxation is found in the reciprocal duties of the protection and
support between the state and its inhabitants. In return for his contribution, the
taxpayer received benefits and protection from the government.