Simone Lawson
The US Constitution outlines delegated, reserved, and concurrent powers to balance power between state and federal governments. Concurrent powers are shared powers between the state and federal governments, where they work together to meet citizens' needs, like two parents caring for their children. While the federal government has powers explicitly granted by the Constitution, such as passing laws at the federal level, concurrent powers allow states to pass laws for issues within their jurisdiction. An example of concurrent powers in action is the enforcement of the 18th amendment, where Congress and the states shared the power to enforce laws regarding the prohibition of intoxicating liquors.
| Characteristics | Values |
|---|---|
| Definition | Concurrent powers are a category of power given by the Constitution where the state and federal governments share powers |
| Examples | Running public schools, running elections, and establishing local governments |
| Description | The Constitution describes delegated, reserved, and concurrent powers to strike a balance of power between the state and federal governments |
| Conflict | If there is a conflict between state and federal law, the Constitution takes precedence |
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What You'll Learn
The Supremacy Clause
> This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the Contrary notwithstanding.
The clause was a response to the problems with the Articles of Confederation, which lacked a provision declaring federal law superior to state law. This resulted in federal statutes not binding state courts unless there was state legislation implementing them. The Supremacy Clause was not a major point of contention during the Constitutional Convention, but it did generate controversy during debates over the Constitution's ratification.
The Supreme Court has relied on the Supremacy Clause to establish a robust role for the federal government in managing the nation's affairs. The Court has interpreted the clause as allowing for federal preemption of state law, either expressly or impliedly. Federal law expressly preempts state law when it explicitly states so, while federal law impliedly preempts state law when that intent is implicit in its structure and purpose.
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The Bill of Rights
The US Constitution was written in Philadelphia, Pennsylvania, in the summer of 1787. The founding document included both reserved and concurrent powers of states. However, some believed that it lacked limits on government power, and so the Bill of Rights was added.
The amendments in the Bill of Rights include protections for freedom of speech, freedom of religion, and the right to bear arms. They also include the right to a fair trial, protections in criminal cases, and the right to be free from unreasonable government intrusion in citizens' homes. The Tenth Amendment, for example, states that:
> "The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people."
> "The Judicial power of the United States shall not be construed to extend to any suit in law or equity, commenced or prosecuted against one of the United States by Citizens of another State, or by Citizens or Subjects of any Foreign State."
Amendments to the Constitution can be made by Congress and the several states concurrently, as was the case with the Eighteenth Amendment, which prohibited the "manufacture, sale, or transportation of intoxicating liquors".
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Reserved Powers
The US Constitution outlines the powers of the federal government and the states, with amendments made over time to address specific issues and clarify the division of powers. For example, Amendment XI, passed by Congress in 1794 and ratified in 1795, modified Article III, Section 2 of the Constitution, clarifying the judicial power of the United States in certain legal cases.
Another example is the Thirteenth Amendment, which superseded a portion of Article IV, Section 2. It abolished slavery and prohibited involuntary servitude, except as punishment for crimes. The Fourteenth Amendment also modified Article I, Section 2, granting citizenship to all persons born or naturalized in the United States and guaranteeing their privileges and rights.
The process of amending the Constitution involves both Congress and the states. Congress proposes amendments, and the states ratify them. This collaborative process highlights the shared responsibility and power of both the federal and state governments in shaping the nation's laws and addressing issues that arise over time.
While reserved powers are exclusive to a particular level of government, concurrent powers are those that both the state and federal governments share. The line between exclusive and concurrent powers is often blurry, and the US Supreme Court plays a crucial role in determining whether federal authority has "occupied the field" in a specific area, effectively making it an exclusive federal power.
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State and Federal Governments
The US Constitution sought to strike a balance of power between the state and federal governments. It outlines delegated, reserved, and concurrent powers. Delegated powers are those explicitly given to the federal government by the Constitution. For example, the Constitution gives Congress the power to lay and collect taxes on incomes.
Reserved powers, on the other hand, are those that only state governments have. The Tenth Amendment indicates that any powers not delegated to the federal government are reserved for the states. Examples of reserved powers include running public schools, conducting elections, and establishing local governments.
Concurrent powers refer to areas where both state and federal governments share authority. For instance, Congress is in charge of passing laws at the federal level, but state legislatures can pass laws for issues under the state's purview. When it comes to conflicts between state and federal law, the Constitution takes precedence.
An example of concurrent powers in action can be seen in the enforcement of the Eighteenth Amendment, which established Prohibition. It states that "Congress and the several States shall have concurrent power to enforce this article by appropriate legislation."
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Legislative Process
Concurrent powers refer to powers that are shared between the state and federal governments. They are one of the categories of power outlined in the US Constitution, alongside delegated and reserved powers. The Constitution sought to strike a balance of power between the state and federal governments, and concurrent powers are an important aspect of this.
The legislative process for amending the Constitution involves both Congress and the states. Amendments must be passed by Congress and ratified by the states. This process can vary from state to state. For example, the 18th Amendment, which prohibited the manufacture, sale, and transportation of intoxicating liquors, was passed by Congress on December 18, 1917, and ratified on January 16, 1919. It was later repealed by the 21st Amendment.
Another example is the 13th Amendment, which abolished slavery and involuntary servitude. It was passed by Congress on June 13, 1866, and ratified on July 9, 1868. This amendment superseded a portion of Article IV, Section 2 of the Constitution.
The legislative process for amending the Constitution involves ensuring that any proposed amendment does not conflict with existing state or federal laws. In the case of conflicts, the Constitution takes precedence. This is outlined in the Supremacy Clause, which states that the Constitution "shall be the supreme Law of the Land."
Overall, the legislative process for amending the Constitution involves the coordinated effort of the state and federal governments, with Congress playing a key role in passing laws at the federal level and state legislatures having the power to pass laws within their respective states' powers.
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Frequently asked questions
Concurrent powers are those shared by both state and federal governments. The state and federal governments share concurrent powers, but in the case of a conflict between state and federal law, the Constitution takes precedence.
Congress is in charge of passing laws at the federal level, but state legislatures have the power to pass laws for any issue that falls under the state's power. For example, running public schools, running elections, and establishing local governments.
Yes, the 18th amendment to the Constitution, which established Prohibition, is one example. It states that "The Congress and the several States shall have concurrent power to enforce this article by appropriate legislation."
