2.1 State and Its Inherent Powers

Quentin Skinner

He defines the state as a separate locus of power—not the ruler nor the people. The power of the term “state” comes from meaning both ruler and people.

St. Thomas Aquinas

First to develop the idea of the state as a set order of rulers necessary for stability. Believed that the state is a natural institution

Martin Luther

expanded the concept: Separation of Church (spiritual) and State (temporal). Believed that the ruler should govern independently from the Church, focusing on: Nobles & Common good of the people

State

a community of persons, more or less numerous, permanently occupying a definite portion of territory, independent of external control, and possessing a government to which a great body of inhabitants render habitual obedience

Nation

a group of people bound together by certain characteristics such as common social origin, language, customs and traditions, and who believe that they are one and distinct from others.

Government

the instrument through which the will of the state is expressed. It can exist without the state while the state cannot exist without this. Its form may change, but the state, as long as its essential elements are present, remains the same.

Police Power

It is defined as the power of promoting the public welfare by restraining and regulating the use of liberty and property (Freund). It is the Inherent and plenary power of the state which enables it to prohibit all that is hurtful to the comfort, safety and welfare of society.

Power of Eminent Domain

It is the government’s coercive authority, upon just compensation, to forcibly acquire a property to devote it to public use.

Power of Taxation

It is the power to raise revenue