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POLICE POWER IN THE UNITED STATES Under the 10th Amendment, the powers not delegated to the United States by the Constitution, nor prohibited by it to the states, are reserved to the states respectively. These powers, reserved to the states by the Constitution, include all powers the states retained prior to 1789. ('' U.S. Term Limits V. Thornton ''). The framers of the U.S. Constitution believed that the states were empowered, like the British Parliament , with all authority to act on behalf of the welfare of their people. Because the Congress has limited powers granted in the Constitution, the Federal government does not have a general police power, as the states do. The exceptions are laws regarding Federal property and the military. On the other hand, Congress does have broad quasi-police authority from its power to regulate Interstate Commerce and raise and spend revenue. The most common police power exercised over Real Property is the right for state, local or regional governments to adopt and enforce Zoning regulations, Building Code s, environmental protection regulations, etc. Other uses of the police power include Public Health regulations, Vice Laws , Traffic Laws , and Family Law . However, it is impossible to give a complete list of the uses of police power because a State can write any command or prohibition as a law and make people obey it, as long as such laws do not contradict the State or U.S. Constitution. SEE ALSO |