norml21 - Page 9



Page 9 Previous , Next , Original Image
Return to Index

 the framers of the Ninth Amendment were concerned that "
 (unenumerated) rights retained by the people _' not be
 denied or disparaged°
 Co The use of the State's police power to promote and
 protect the health, safety, morals and welfare of
 the people does not grant the State, and was not
 intended to grant the State, the power to regulate
 the private moral values and behavior of the
 people°
 The classic definition of the police power of a state is the
 exercise of the sovereign right of a gove_nment to promote and
 protect public order, safety, health, morals and general welfare
 within constitutional limits, Marshall v. Kansas City_ 355 S.W.2d
 877, 883, 93 A.L.R.2d 1012 (Mo. 1962), and is addressed to "the
 public health, the public morals, or the publi_ safety." Be_t v.
 Zonin_ Bd. of Adjustment of Cit of Pi_tsburgi!, 141 Ao2d 606,
 611, 393 Pa. 106 (1958) (emphasis added) °
 It is significant that this definition speaks of "promoting '_
 and "protecting _ these facets of societal interest, and not
 "regulation '_ of them. "Promote" means to contribute to the
 growth, enlargement, or prosperity of; to forward; to further; to
 encourage; to advance° People v° AALg___tin_, 204 N.W. 747, 749,
 232 Mich. 29 (1925); Coden Beach Marine I nc. v. Cit_ of Bayou La
 Batre, 284 Alao 718, 228 Soo 2d 468, 470 (1969) _ The word
 "protect" means to defend, guard, shield from danger, preserve°
 See Ke_sto_ Ta_LKsh!p__!%_rR. vo Williamett_ Iron and Steel Co.,
 9




Previous , Next , Return to Index