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Consti 2

Fundamental Powers of the State

a. Police Powerb. Power of Eminent Domain / Expropriation

c. Power of TaxationSimilarities

Inherent in the state no need for express constitutional !rant "ecessar# for State to be e$ecti%e &ll in%ol%e State interference with pri%ate propert# Presuppose e'ui%alent compensation Exercised primaril# b# the (e!islature

(imitations)a# not be exercised arbitraril#* to the pre+udice of the ,ill of -i!htsSub+ect at all times to the limitations and re'uirements of the

Constitution and ma# in proper cases be annulled b# the courts of

 +ustice

Police power

The police power is the power vested in the legislatureby the constitutionto make, ordain, and establish all manner of wholesome and reasonable laws,

statutes, and ordinances,either with penalties or without,not repugnant to the constitution,as they shall judge to be for the good and welfare of the commonwealth,and of the subject of the same. . . .” (Cooley’s Constitutional imitations, p. !"#

The Bill of Rights is designed to preserve the ideals of liberty, equality and security

"against the assaults of opportunism, the expediency of the passing hour, the erosion of

small encroachments, and the scorn and derision of those who have no patience withgeneral principles.While the Bill of Rights also protects property rights, the primacy of human rights over

property rights is recognied. 

!ue processThe purpose of the guaranty is to prevent arbitrary governmental encroachment against

the life, liberty and property of individuals. The due process guaranty serves as a

protection against arbitrary regulation or seiure.

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rocedural due process# refers to the procedures that the government must follow

before it deprives a person of life, liberty, or property.$%

# concerns itself with government actionadhering to the established process

when it ma&es an intrusion into the private sphere

'ubstantive due processcompletes the protection envisioned by the due process clause.

  inquires whether the government has sufficient (ustificationfor depriving a person of life, liberty, or property.)*

http://www.lawphil.net/judjuris/juri2009/jan2009/gr_122846_2009.html#fnt49http://www.lawphil.net/judjuris/juri2009/jan2009/gr_122846_2009.html#fnt50http://www.lawphil.net/judjuris/juri2009/jan2009/gr_122846_2009.html#fnt50http://www.lawphil.net/judjuris/juri2009/jan2009/gr_122846_2009.html#fnt49