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bdhughes
bdhughes
Student
College - Senior

Why was "State Police Power" challenged or better yet championed by the Supreme court in 1873 to the 1940s?

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Posted by bdhughes on Friday May 1, 2009 at 1:26 PM and tagged with history, law, state police power, supreme court.


Answers:

  1. djwalker1
    djwalker1 Teacher
    Middle School

    eNotes Editor

    The Supreme Court would have supported the concept of State Police Power during this era because it was a specific example of the larger concept known as “Separation of Powers”.

    While the phrase “Separation of Powers” may not appear in the text of the constitution itself, the concept is clear. The power of government is to be divided among several entities, so that no one person or group has complete control.

    Governmental power in general is divided between the federal government and the individual states. The federal government itself is divided into three branches (executive, legislative, and judicial) to further dilute the potential of any one entity taking too much power unto itself.

    There is a school of thought, common among conservatives and libertarians, that the federal government was never intended to take on many of the roles it now plays, police power being but one of many examples.

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    Posted by djwalker1 on Friday October 30, 2009 at 9:17 AM