norml21 - Page 9
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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.,
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