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Legal Definitions - police powers

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Definition of police powers

Definition: Police powers are the government's ability to make laws that force people to do things for the good of the public. This power is not just for the police, but for the government as a whole. It includes things like public safety, health, and order. The United States Constitution gives this power to the states, not the federal government.

Examples:

  • In 1850, the New JerseySupreme Court said that an officer could destroy buildings to stop a fire from spreading, even if it meant destroying people's property without compensation.
  • In 1872, the U.S. Supreme Court said that a law requiring slaughterhouses to move outside of a city was a valid use of police power to keep the city clean and healthy.
  • In 1854, the Vermont Supreme Court said that a law requiring railroads to fence their lines and protect farm animals was a valid use of police power.
  • In 2019, the California Supreme Court said that the government has the power to decide how land is used for the public's health, safety, and welfare, including making rules about how it looks.
  • In 2014, the Supreme Court of Massachusetts said that the government has the power to regulate gambling and can even ban forms of gambling that were once legal.

These examples show how police power can be used to make laws that protect the public's health, safety, and welfare. They also show that the government has a lot of power to make these laws, even if it means taking away people's property or banning things that were once legal.

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Simple Definition

Police powers are the government's ability to make laws that keep people safe and healthy. This power is used to make rules about things like public safety, health, and order. In the United States, each state has this power, and it is limited by the state constitution, federal laws, and basic rights. Police power is very broad and can be used to make rules about many things, like where buildings can be built or how land can be used. It is important because it helps keep people safe and healthy.

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