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  • 4 - The Shape of the Police Power in the Modern Era

  • from Part I - Power for the People: Creating the Modern Police Power
  • Daniel B. Rodriguez, Northwestern University, Illinois
  • Book:
    Good Governing
    Published online:
    23 October 2024
    Print publication:
    17 October 2024, pp 133-170
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  • Summary

    This chapter looks at how the police power has evolved in judicial interpretations and legislative enactments to the present day. It begins by exploring how the shifting approaches to regulatory governance more generally and also various state constitutional developments in the past two centuries affected thinking about the overall structure and purpose of state regulatory authority. It then turns to a number of critical areas in which the police power was used as a tool of protecting health, safety, welfare, and the common good. It begins with morals, a linchpin of traditional police power regulation, and then proceeds to discuss urban blight, occupational licensing, and public health emergencies