INHERENT POWERS OF THE INHERENT POWERS OF THE STATESTATE

•POLICE POWERPOLICE POWER

•EMINENT DOMAINEMINENT DOMAIN

•POWER OF TAXATIONPOWER OF TAXATION

POLICE POWERPOLICE POWER

• POLICE POWERPOLICE POWER• POLICE POWER HAS BEEN REFERRED TO AS THE POWER OF THE POLICE POWER HAS BEEN REFERRED TO AS THE POWER OF THE

STATE TO ENACT SUCH LAWS OR REGULATIONS IN RELATION TO STATE TO ENACT SUCH LAWS OR REGULATIONS IN RELATION TO

PERSONS AND PROPERTY AS MAY PROMOTE PUBLIC HEALTH, PERSONS AND PROPERTY AS MAY PROMOTE PUBLIC HEALTH,

PUBLIC MORALS, PUBLIC SAFETY, AND THE GENERAL WELFARE PUBLIC MORALS, PUBLIC SAFETY, AND THE GENERAL WELFARE

AND THE CONVENIENCE OF THE PEOPLE.AND THE CONVENIENCE OF THE PEOPLE.

POLICE POWERPOLICE POWER

• IT IS BASED ON TWO LATIN MAXIMS, IT IS BASED ON TWO LATIN MAXIMS, SALUS POPULI SALUS POPULI

SUPREMA EST LEX (THE WELFARE OF THE PEOPLE IS THE SUPREMA EST LEX (THE WELFARE OF THE PEOPLE IS THE

SUPREME LAW) AND SIC UTERE TUO UT ALIENUM NON SUPREME LAW) AND SIC UTERE TUO UT ALIENUM NON

LAEDAS (SO USE YOUR OWN AS NOT TO INJURE LAEDAS (SO USE YOUR OWN AS NOT TO INJURE

ANOTHER’S PROPERTY.) ANOTHER’S PROPERTY.)

POLICE POWERPOLICE POWER

ILLUSTRATIONS OF POLICE POWERILLUSTRATIONS OF POLICE POWER

•PUBLIC HEALTH PUBLIC HEALTH

•PUBLIC MORALSPUBLIC MORALS

•PUBLIC SAFETYPUBLIC SAFETY

•GENERAL WELFARE AND CONVENIENCEGENERAL WELFARE AND CONVENIENCE

EMINENT DOMAINEMINENT DOMAIN

• EMINENT DOMAIN IS THE RIGHT OR POWER OF THE STATE OR EMINENT DOMAIN IS THE RIGHT OR POWER OF THE STATE OR

OF THOSE WHOM THE POWER HAS BEEN LAWFULLY OF THOSE WHOM THE POWER HAS BEEN LAWFULLY

DELEGATED TO TAKE OR (EXPROPRIATE) PRIVATE PROPERTY DELEGATED TO TAKE OR (EXPROPRIATE) PRIVATE PROPERTY

FOR PUBLIC USE UPON PAYING TO THE OWNER A JUST FOR PUBLIC USE UPON PAYING TO THE OWNER A JUST

COMPENSATION TO BE ASCERTAINED ACCORDING TO LAW.COMPENSATION TO BE ASCERTAINED ACCORDING TO LAW.

EMINENT DOMAINEMINENT DOMAIN

CONDITIONS FOR OR LIMITATIONS UPON ITS CONDITIONS FOR OR LIMITATIONS UPON ITS

EXERCISEEXERCISE

•EXISTENCE OF PUBLIC USEEXISTENCE OF PUBLIC USE

•PAYMENT OF JUST COMPENSATION PAYMENT OF JUST COMPENSATION

•OBSERVANCE OF DUE PROCESS OF LAW IN THE TAKINGOBSERVANCE OF DUE PROCESS OF LAW IN THE TAKING

TAXATIONTAXATION

• THE POWER OF TAXATION IS NORMALLY DEFINED IN AT LEAST THE POWER OF TAXATION IS NORMALLY DEFINED IN AT LEAST (3) THREE WAYS – AS A POWER ITSELF, AS A MEANS AND AS A (3) THREE WAYS – AS A POWER ITSELF, AS A MEANS AND AS A PROCESS; AS FOLLOWSPROCESS; AS FOLLOWS

• AS A AS A POWERPOWER

• AS A AS A MEANSMEANS

• AS A AS A PROCESSPROCESS

TAXATIONTAXATION

NATURE AND SCOPENATURE AND SCOPE•BY NATURE, POWER OF TAXATION IS INHERENT UPON THE EXISTENCE BY NATURE, POWER OF TAXATION IS INHERENT UPON THE EXISTENCE

OF THE STATE. ONCE THE STATE COMES TO LIFE, THEN, THE POWER OF THE STATE. ONCE THE STATE COMES TO LIFE, THEN, THE POWER

LIKEWISE COMES TO EXIST. THE REASON IS THAT THE STATE CANNOT LIKEWISE COMES TO EXIST. THE REASON IS THAT THE STATE CANNOT

SURVIVE WITHOUT SUCH POWER IN THE SAME MANNER THAT THE SURVIVE WITHOUT SUCH POWER IN THE SAME MANNER THAT THE

HUMANS CANNOT SURVIVE WITHOUT AIR TO BREATHE THE AIR IS HUMANS CANNOT SURVIVE WITHOUT AIR TO BREATHE THE AIR IS

INHERENT FOR HUMAN’S SURVIVALINHERENT FOR HUMAN’S SURVIVAL

TAXATIONTAXATION

LIMITATIONS ON POWER OF TAXATIONLIMITATIONS ON POWER OF TAXATION

•INHERENT LIMITATIONSINHERENT LIMITATIONS

•CONSTITUTIONAL LIMITATIONSCONSTITUTIONAL LIMITATIONS

TAXATIONTAXATION

INHERENT LIMITATIONSINHERENT LIMITATIONS

•PUBLIC PURPOSEPUBLIC PURPOSE

•TERRITORIALITYTERRITORIALITY

•EXEMPTION OF GOVERNMENT ENTITYEXEMPTION OF GOVERNMENT ENTITY

•NO DOUBLE TAXATIONNO DOUBLE TAXATION

TAXATIONTAXATION

CONSTITUTIONAL LIMITATIONSCONSTITUTIONAL LIMITATIONS

•OBSERVANCE OF DUE PROCESS OF LAW AND EQUAL PROTECTION OF THE OBSERVANCE OF DUE PROCESS OF LAW AND EQUAL PROTECTION OF THE LAWSLAWS

•RULE OF UNIFORMITY AND EQUITY IN TAXATIONRULE OF UNIFORMITY AND EQUITY IN TAXATION

•NO IMPRISONMENT FOR NON-PAYMENT OF POLL TAX NO IMPRISONMENT FOR NON-PAYMENT OF POLL TAX

•NON-IMPAIRMENT OF OBLIGATIONS AND CONTRACTSNON-IMPAIRMENT OF OBLIGATIONS AND CONTRACTS

•PROHIBITION AGAINST INFRINGEMENT OF RELIGIOUS FREEDOM PROHIBITION AGAINST INFRINGEMENT OF RELIGIOUS FREEDOM

•PROHIBITION AGAINST APPROPRIATIONS FOR RELIGIOUS PURPOSESPROHIBITION AGAINST APPROPRIATIONS FOR RELIGIOUS PURPOSES

•EXEMPTION OF ALL REVENUES AND ASSETS OF NON-STOCK, NON-PROFIT EXEMPTION OF ALL REVENUES AND ASSETS OF NON-STOCK, NON-PROFIT EDUCATIONAL INSTITUTIONSEDUCATIONAL INSTITUTIONS

•CONCURRENCE BY A MAJORITY OF ALL MEMBERS OF CONGRESSCONCURRENCE BY A MAJORITY OF ALL MEMBERS OF CONGRESS

•CONGRESS MAY NOT DEPRIVE THE SUPREME COURT OF ITS JURISDICTIONCONGRESS MAY NOT DEPRIVE THE SUPREME COURT OF ITS JURISDICTION

SIMILARITIESSIMILARITIES• THEY ALL REST UPON NECESSITY BECAUSE THERE CAN BE NO EFFECTIVE THEY ALL REST UPON NECESSITY BECAUSE THERE CAN BE NO EFFECTIVE

GOVERNMENT WITHOUT THEMGOVERNMENT WITHOUT THEM

• THEY ARE INHERENT IN SOVEREIGNTY; HENCE THEY CAN BE EXERCISED THEY ARE INHERENT IN SOVEREIGNTY; HENCE THEY CAN BE EXERCISED EVEN WITHOUT BEING EXPRESSLY GRANTED IN THE CONSTITUTION EVEN WITHOUT BEING EXPRESSLY GRANTED IN THE CONSTITUTION ALTHOUGH THE CONDITIONS FOR THEIR EXERCISE MAY BE REGULATED ALTHOUGH THE CONDITIONS FOR THEIR EXERCISE MAY BE REGULATED AND LIMITED BY THE CONSTITUTION AND BY LAWAND LIMITED BY THE CONSTITUTION AND BY LAW

• THEY ARE WAYS BY WHICH THE STATE INTERFERES WITH PRIVATE RIGHTS THEY ARE WAYS BY WHICH THE STATE INTERFERES WITH PRIVATE RIGHTS AND PROPERTIESAND PROPERTIES

• THEY ARE ALL LEGISLATIVE IN CHARACTERTHEY ARE ALL LEGISLATIVE IN CHARACTER

• THEY ALL PRESUPPOSE AN EQUIVALENT COMPENSATION RECEIVED, THEY ALL PRESUPPOSE AN EQUIVALENT COMPENSATION RECEIVED, DIRECTLY OR INDIRECTLY BY THE PERSON AFFECTED BY THE EXERCISE OF DIRECTLY OR INDIRECTLY BY THE PERSON AFFECTED BY THE EXERCISE OF THESE POWERS BY THE GOVERNMENTTHESE POWERS BY THE GOVERNMENT

Particulars Police Eminent Domain

Taxation

Purpose Regulate to promote public welfare

Use for public purpose

To raise revenue for public purpose

Amount of Exaction

Limited to cost of regulation

No cash inflow, taking of property

No Limit

Coverage All person, property, rights & privileges directly involved

Property owners All persons property and rights

Effect on property taken

Property destroyed

Property used for public purpose

Money collected for public purpose

Benefits No Direct benefit Direct benefit from payment received

No Direct benefit