Police power (United States constitutional law)

Constitutional law of the United States
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Theory
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In United States constitutional law, the police power is the capacity of the states and the federal government to regulate behavior and enforce order within their territory for the betterment of the health, safety, morals, and general welfare of their inhabitants.^[1] Police power is defined in each jurisdiction by the legislative body, which determines the public purposes that need to be served by legislation.^[2] Under the Tenth Amendment to the United States Constitution, the powers not delegated to the federal government are reserved to the states or to the people. As a result, the police power is primarily concentrated within state governments, although the federal government does possess a police power in a limited number of contexts, such as over conduct occurring within the territories of the United States and activities related to interstate commerce.

Police power is exercised by the legislative and executive branches of the various states through the enactment and enforcement of laws and regulations. States have the power to compel obedience to these laws through whatever measures they see fit, provided these measures do not infringe upon any of the rights protected by the United States Constitution or their own state constitutions and are not unreasonably arbitrary or oppressive. Methods of enforcement can include legal sanctions and physical means. Controversies over the exercise of state police power can arise when exercise by state authorities conflicts with individual rights and freedoms.

Most criminal cases are prosecuted in the name of the governmental authority that promulgates criminal statutes and enforces the police power of the state with the goal of seeking criminal sanctions.