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Pa I - State Powers Total points 7/12

Email address *

artica.sandy@clsu2.edu.ph

Surname, First Name(Complete) MI *

Artica, Sandy Mae D.

Surname, First Name(Complete) MI *

Artica, Sandy Mae D.

Student Number (please delete the dash) *

180666

Course/Yr/Sec *

BSAC 2-1

BSAC 2-2

BSMA 2-1

BSMA 2-2
They exist independent of the constitution being fundamental powers of 1/1
the state, except *

Power of taxation

Police power

Power of eminent domain

Power of recall

The power to regulate liberty and property to promote the general 1/1
welfare. *

Power of taxation

Police power

Power of eminent domain

Power of recall

One of the similarities of inherent power of taxation, police power and 0/1
eminent domain is “they affect all persons or the public." *

True

False

Correct answer

False
Taxation may be made the implement of the State’s police power. * 0/1

True

False

Correct answer

True

Taxation being inferior to the non-impairment clause, when exercised 1/1


with police power (serving the secondary objective of regulation), can
already impair the obligations of contracts, the weakness of taxing
power may be compensated for with the strength of police power being
superior to the non-impairment clause. *

True

False

Police power as distinguished from the power of eminent domain: * 1/1

Just compensation is received by the owner of the property.

Maybe exercised by private individuals.

May regulate both liberty and property.

Property is taken by the government for public purpose


I. The property taken in police power is destroyed while the property 1/1
taken under the power of eminent domain and power of taxation are not
destroyed. II.In power of taxation, the compensation received is the
protection afforded to the citizens; in police power the compensation
received is the altruistic feeling that somehow you contributed to the
promotion of the general welfare; in power of eminent domain, the
compensation received is the just compensation paid for the property
taken. *

True; True

False; true

True; false

False; false

The power to acquire private property upon payment of just 1/1


compensation for public purpose *

Police power

Power of eminent domain

Power of taxation

Girl power
Taxation as distinguished from police power and power of eminent 0/1
domain. *

Property is taken to promote the general welfare.

Maybe exercised only by the government.

Operates upon the whole citizenry.

There is generally no limit as to the amount that may be imposed.

Correct answer

There is generally no limit as to the amount that may be imposed.

Which of the following is false regarding the distinctions of eminent 1/1


domain, police power and taxation? *

Police power regulates both liberty and property. The power of eminent domain
and the power of taxation affect only property rights.

The police power and the power of taxation may be exercised only by the
government. The power of eminent domain may be exercised by some public utilities
or public service companies.

In taxation, there is generally no limit on the amount of tax that may be imposed. In
police power, the amount is limited to cover the cost of the license fee and the
necessary expenses of police surveillance and regulation; whereas in eminent
domain, there is no imposition, rather the owner of the property taken is paid its
market value.

None of the above


The following are similarities of the inherent power of taxation, eminent 0/1
domain, and police power, except one *

are necessary attributes of sovereignty

interfere with private rights and property

affect all persons or the public

are legislative in implementation

Correct answer

affect all persons or the public

The following are similarities of the inherent power of taxation, eminent 0/1
domain, and police power, except one: *

Are legislative in character.

Superior to the non-impairment clause of the constitution.

Are necessary attributes of sovereignty

Compensation is received.

Correct answer

Superior to the non-impairment clause of the constitution.

Feedback

All of them are legislative in character and are necessary attributes of sovereignty. All
powers presuppose just compensation. In police power, there is no direct and immediate
benefit, only such as may arise from the maintenance of a healthy economic standard of
society. eminent domain, compensation is the fair value of the property taken away. In
taxation, there is also no direct benefit but public protection and benefit, enjoyment of a
healthy economic standard of society.

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