Police Powers
The traditional "police" or "municipal" power of government is the power to establish and enforce legislation to regulate the actions of people to protect or promote the interests of public peace, safety, health and morals. Originally, promotion of the "public welfare" or convenience was held applicable only to "public franchise" and certain monopolies "clothed with a public interest." (See Part I and Part IV of this site.)
The 1925 California Supreme Court decision in Miller v. Board of Public Works, 195 Cal.477, 485, 234 Pac. 381 described the "police power" expanded from the original concept as follows:
"In its inception the police power was closely concerned with the preservation of the public peace, safety, morals and health without specific regard for 'the general welfare.' The increasing complexity of our civilization and institutions later gave rise to cases wherein the promotion of the public welfare was held by the courts to be a legitimate object for the exercise of the police power. As our civic life has developed so has the definition of the 'public welfare' until it has been held to embrace regulations 'to promote the economic welfare, public convenience and general prosperity of the community."
