Concurrent powers
Concurrent powers are powers of a federal system of government 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 (possession by the states is forbidden or requires federal permission).[1]
Federal law is supreme, and therefore it may preempt to a state or provincial law in case of conflict. Concurrent powers can therefore be divided into two kinds: those not generally subject to federal preemption (like 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 state governments include the power to tax, build roads, and to create lower courts.[3]
See also
References
- Scardino, Frank. The Complete Idiot's Guide to U.S. Government and Politics, p. 31 (Penguin 2009).
- Zimmerman, Joseph. The Initiative, Second Edition: Citizen Lawmaking, p. 78 (SUNY Press, 2014).
- The Encyclopedia of the America Constitution