Constitutional FAQ Answer #45 – The U.S. Constitution Online – USConstitution.net

Constitutional FAQ Answer #45

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Q45. “Can you tell me how did the states get the
power to decide that people had to have so much studying, etc. in order to
have a license, and if they do not have this license, then they are doing
whatever they do illegally?

A. This is an inherent power of the state, a power the state has by virtue
of being a state. In the Constitution, the powers not explicitly granted the
federal government are left to the state. The ability to regulate professions
would be one of those powers, or to regulate if you are able to drive. The
issuance of a license to practice medicine, or law, or to be an exterminator,
is one of the police powers of the state, as is the ability to issue fishing or
driving licenses.

Last Modified: 16 Aug 2010

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