Constitutional Law 2 Fundamental Powers of the State

1. What are the fundamental powers of the State? Describe each power.


              1. Police Power. It is the power of the state to regulate liberty and property for the promotion of the general welfare.
              2. Power of Eminent Domain. It enables the State to forcibly acquire private property, upon payment of just compensation, for some intended public use.
              3. Power of Taxation. It enables the State to demand from the members of society their proportionate share or contributions in the maintenance of the government.


2. What are the similarities of these three inherent powers of the State?


             1. They are inherent in the State and may be exercised by it without need of express 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.


3. What are their differences?


 POLICE POWER  (regulates liberty and property, exercised by govt, property taken is destroyed for being noxious and intended for noxious purposes, compensation is the altruistic feeling that he has contributed to the general welfare)                    

Power of EMINENT DOMAIN ( affects property rights only, may be exercised by both the govt and private entities, property taken is intended for public use, compensation is more concrete, to wit, a full and fair equivalent of the property expropriated or protection)
                                         
 Power of TAXATION (affects property rights only, property taken is intended for public use, exercised by the govt, compensation is more concrete, a full and fair equivalent of the public improvements for the taxes paid)


 

4. What are the limitations of these powers?
            

          A. The basic limitations of due process and equal protection are found in the following provisions of our Constitution:

 SECTION 1.(1) No person shall be deprived of life, liberty or property without due process of law, nor any person be denied the equal protection of the laws. (Article III, Phil. Constitution)        B. The presumption of libertarian societies is in favor of private rights and against attempts on the part of the State to interfere with them.

       C. The exercise of these fundamental power is subject at all times to the limitations and requirements of the Constitution and may in proper cases be annulled by the courts of justice.




Source: Constitutional Law by Isagani Cruz