The Three Inherent Powers of the State
In order to survive, the State or in other words, the government, has three inherent powers. Since they are inherent, laws are not needed in order for them to exist. What are the three inherent powers of the state?
- The Power of Taxation
- The Power of Eminent Domain and
- Police Power
Taxation is the power of the state to enforce proportional contribution from the people, property and exercise of the right within its territory to raise revenue for the purpose of defraying the necessary expenses of the state. It is stated in the “ LIFEBLOOD DOCTRINE ” that taxes are the lifeblood of a nation which means that without the revenue raised from Taxation the state will not survive. It would be paralyzed and could not operate in an effective and efficient manner.
The power to tax is the most important inherent power of the state because it raises revenue in order to support the operations of the government. The state cannot continue to operate or exist without financial means, as provided by taxation.
It is the power of the state to forcibly take the private property for public use upon payment of just compensation. Like police power it is based on the public necessity and is exercised by the legislative branch of the state. However, unlike police power, Eminent domain may be exercised by the private entities with the express valid delegation from the legislature. It can likewise be exercised by the President of the country or even the Administrative agencies and local governments. The power is usually exercised through the formal expropriation proceedings.
This is the state power to promoting the public welfare, peace and order by restraining and regulating the use of both liberty and property of all the people. It may be exercised only by the government. It is also considered as the most powerful among the three inherent powers of the state. Police power permits the state to take liberty, property, or even the life of a person for the better good of the society as a whole.