Explain the relationship
As to Relationship
to the Non-Impairment of Obligations Clause of the Constitution
Taxation
Inferior to the clause
Police power
Superior to the clause
Power of eminent domain
Inferior to the clause
As to Relationship to the Constitution
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The power to tax is subject to certain constitutional constraints and inherent limitations. It is
INFERIOR to the “Non-impairment Clause” in the sense that taxation should not violate the
impairment clause of obligations and contracts.
Police Power is relatively free from constitutional limitations. It is SUPERIOR to Non-impairment
clause in the sense that it may override the said clause.
Eminent Domain is generally SUPERIOR to may override the Constitutional impairment
provision because the welfare of the state is superior to any private contract.
As an exception, eminent domain is inferior to the impairment provision because the
government cannot expropriate a property that has previously bound itself to be purchased from
the other contracting parties.
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