What is the test for consent to exercise police power?

California, United States of America


The following excerpt is from People v. Privitera, 153 Cal.Rptr. 431, 23 Cal.3d 697, 591 P.2d 919 (Cal. 1979):

[591 P.2d 931] The People concede any exercise of police power, depends in the first instance upon an articulated public interest in the activity to be regulated and second, the means used must be reasonably necessary for the [23 Cal.3d 717] accomplishment of that public purpose. (Goldblatt v. Hempstead, 369 U.S. 590, 594, 595, 82 S.Ct. 987, 990, 8 L.Ed.2d 130, 133-135.)

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