Concurrent powers

Concurrent powers are powers of a federal state that are shared by both the federal government and each constituent political unit, such as a state or province. These powers may be exercised simultaneously within the same territory, in relation to the same body of citizens, and regarding the same subject-matter.[1] Concurrent powers are contrasted with reserved powers (not possessed by the federal government) and with exclusive federal powers (forbidden to be possessed by the states, or requiring federal permission).[1]

In many federations, enumerated federal powers are supreme and so, they may pre-empt a state or provincial law in case of conflict. Concurrent powers can therefore be divided into two kinds: those not generally subject to federal pre-emption, such as the power to tax private citizens, and other concurrent powers.[2]

In the United States, examples of the concurrent powers shared by both the federal and the state governments include the powers to tax, to spend, and to create lower courts.[3]

  1. ^ a b Scardino, Frank. The Complete Idiot's Guide to U.S. Government and Politics, p. 31 (Penguin 2009).
  2. ^ Zimmerman, Joseph. The Initiative, Second Edition: Citizen Lawmaking, p. 78 (SUNY Press, 2014).
  3. ^ The Encyclopedia of the America Constitution