“The promotion of safety of persons and property is unquestionably at the core of the State’s police power….” Kelley v. Johnson, 425 U.S. 238, 247 (1976).
“We deal, in other words, with what traditionally has been known as the police power. An attempt to define its reach or trace its outer limits is fruitless, for each case must turn on its own facts. The definition is essentially the product of legislative determinations addressed to the purposes of government, purposes neither abstractly nor historically capable of complete definition.” Berman v. Parker, 348 U.S. 26, 31(1954).
“An emergency declaration on the part of a state to protect the life, safety and property of its citizens is simply outside of the subject matter jurisdiction of the federal courts.” So said Dane vonBreichenruchardt, president of the U.S. Bill of Rights Foundation.