The Breadth of Police Powers Can’t Cross the Constitution

There’s a lot of talk about the police powers going on right now. It’s more important than ever to understand how police powers affect your rights. So here’s your two cents from me, a political theorist, on the police powers and the Constitution and where the line between them should rightfully drawn.

Here’s the bad news: Yes, businesses can be shut down and, no, you’re probably not entitled to remuneration. A long line of court precedents makes pretty clear that the takings clause of the 5th Amendment (nor shall private property be taken for public use, without just compensation) only applies if all the economic value of a property is destroyed by public action. Temporary shutdowns do not completely destroy economic value.

Police powers also gives government the right to modify some of your behaviors. But they’re not unlimited. Restrictions have to demonstrably serve a purpose that protects public health or safety. To be legitimate, restrictions also have to be narrowly tailored: the state has to pursue a course of action that is the least restrictive means possible. Also, the police powers cannot be used to target a particular groups of people. From the Supreme Court’s ruling in Lawton v. Steele: “To justify the state in thus interposing its authority in behalf of the public, it must appear first that the interests of…