The Evolving Police Power: Some Observations for a New Century

Abstract:     
A review of state and federal courts decisions on the scope of state police powers suggests that the shift from the more restrictive sic utere principle to the more open salus populi principle may be reversing, with courts -- at least in cases involving sex and marriage -- taking a much more skeptical view of government objectives and justifications.

Keywords: police power, sic utere, salus populi, sodomy, gay marriage

Accepted Paper Series