Police Power

State’s constitution-granted power to govern, and to make, adopt, and enforce laws for the protection and preservation of public health, justice, morals, order, safety and security, and welfare. It also gives a government the right to take private property for public use under the doctrine of eminent domain. Although police power is fundamental and essential (and cannot be surrendered or transferred) it is subject to constitution-imposed limitations such as due process and supremacy of the law of the land.