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about 1880 to 1937 was to disallow such legislation on the grounds that it was a deprivation of property without due process.
The controversy over the scope and limits of the police power of the states has extended to the present day, involving cases of minimum wages, fair trade practices and prices, open housing, and other social legislation. More significant, however, was the increasing claim to police power by the federal government, a development that would have seemed strange to traditional holders of the view that the power is a specific function of the states. In the twentieth century the federal government not only moved into the fields of social and economic legislation, which had previously been considered the peculiar preserve of state and local governments, but it also entered such more commonly recognized police areas as censorship, narcotics and alcoholic-beverage control, kidnapping, organized crime and gambling, and prostitution. It acted to protect purity of mind and morals as well as of food and drugs, to prevent industrial accidents, and to deal with other matters affecting public health and safety.
Thus in modern industrial society the term "police power" has been extended to include the whole scope of public welfare, and thereby, a purist might say, it has been returned to its original meaning. At the same time, the national government has tended to take over more and more of the police power previously exercised by the state and local governments — under the general welfare, interstate commerce, or other clauses of the Constitution. Tensions and conflicts have accompanied both developments.
One important source of conflict between the police power and individual liberty arises in the sphere of opinion — religious, political, literary, etc. Essentially, the American system of law, like most others, makes overt acts, rather than the public expression of thoughts, accountable before the law. Yet
there have been many borderlii where such expressions might be, £ been, interpreted as harmful to th interest.
Thus, although Oliver Ellswor claimed in 1787 that "civil governr no business to meddle with the opinions of the people," he held tha legitimately prohibit and punish ' swearing, blasphemy, and profess^ ism" as "gross immoralities and in that are detrimental to the com Similarly, H. M. Brackenridge held that "opinion, when merely such prompting to no act inconsistent \ laws and peace of society," could subjected to the police power, but h ed that such opinion should not ' the good order, peace, or safety of tl or . . . infringe the laws of morality
This conflict between the neces; public safety and morality and the n al freedoms of speech, press, and a continued to be a source of intense controversy throughout the next and a half. The whole question of ture and purpose of law enforcem also been the subject of considerable sion and dispute, although the discus self has often been obscured by c about "the need for law enforcemer laws, however, have not been con equally enforceable or worthy of be forced — by law enforcement o prosecutors, judges, juries, or publi< ion. [For further discussion of some topics mentioned in this section, see < Freedom of Enterprise.]
about 1880 to 1937 was to disallow such legislation on the grounds that it was a deprivation of property without due process.
The controversy over the scope and limits of the police power of the states has extended to the present day, involving cases of minimum wages, fair trade practices and prices, open housing, and other social legislation. More significant, however, was the increasing claim to police power by the federal government, a development that would have seemed strange to traditional holders of the view that the power is a specific function of the states. In the twentieth century the federal government not only moved into the fields of social and economic legislation, which had previously been considered the peculiar preserve of state and local governments, but it also entered such more commonly recognized police areas as censorship, narcotics and alcoholic-beverage control, kidnapping, organized crime and gambling, and prostitution. It acted to protect purity of mind and morals as well as of food and drugs, to prevent industrial accidents, and to deal with other matters affecting public health and safety.
Thus in modern industrial society the term "police power" has been extended to include the whole scope of public welfare, and thereby, a purist might say, it has been returned to its original meaning. At the same time, the national government has tended to take over more and more of the police power previously exercised by the state and local governments — under the general welfare, interstate commerce, or other clauses of the Constitution. Tensions and conflicts have accompanied both developments.
One important source of conflict between the police power and individual liberty arises in the sphere of opinion — religious, political, literary, etc. Essentially, the American system of law, like most others, makes overt acts, rather than the public expression of thoughts, accountable before the law. Yet

there have been many borderlii where such expressions might be, £ been, interpreted as harmful to th interest.
Thus, although Oliver Ellswor claimed in 1787 that "civil governr no business to meddle with the opinions of the people," he held tha legitimately prohibit and punish ' swearing, blasphemy, and profess^ ism" as "gross immoralities and in that are detrimental to the com Similarly, H. M. Brackenridge held that "opinion, when merely such prompting to no act inconsistent \ laws and peace of society," could subjected to the police power, but h ed that such opinion should not ' the good order, peace, or safety of tl or . . . infringe the laws of morality
This conflict between the neces; public safety and morality and the n al freedoms of speech, press, and a continued to be a source of intense controversy throughout the next and a half. The whole question of ture and purpose of law enforcem also been the subject of considerable sion and dispute, although the discus self has often been obscured by c about "the need for law enforcemer laws, however, have not been con equally enforceable or worthy of be forced — by law enforcement o prosecutors, judges, juries, or publi< ion. [For further discussion of some topics mentioned in this section, see < Freedom of Enterprise.]
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