Omar Bennett
Concurrent powers refer to powers that are shared by both the federal government and each constituent political unit, such as a state or province. The US Constitution establishes a system of dual sovereignty, where states have surrendered some powers to the federal government while retaining sovereignty in other areas. This balance of power is maintained through delegated, reserved, and concurrent powers. While the federal government has exclusive powers in certain areas, concurrent powers allow both the federal government and state governments to simultaneously exercise powers within the same territory and regarding the same citizens.
| Characteristics | Values |
|---|---|
| Powers shared by | Federal government and each constituent political unit, such as a state |
| Powers exercised | Simultaneously within the same territory |
| Powers exercised regarding | Same body of citizens |
| Powers exercised in relation to | Same subject matter |
| Powers contrasted with | Reserved powers (not possessed by the federal government) |
| Powers contrasted with | Exclusive federal powers (forbidden to be possessed by the states, or requiring federal permission) |
| Powers divided into | Two kinds: those not generally subject to federal pre-emption, and other concurrent powers |
| Examples of powers shared by federal and state governments | Taxing, spending, and creating lower laws |
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What You'll Learn
- The US Constitution establishes a system of dual sovereignty
- The federal government has delegated, reserved, and concurrent powers
- The Necessary and Proper Clause gives Congress power to enact laws
- State and federal governments share concurrent powers
- Examples of concurrent powers include the power to tax, spend, and create laws
The US Constitution establishes a system of dual sovereignty
The Constitution sought to strike a balance of power between the state and federal governments, outlining delegated, reserved, and concurrent powers. Delegated powers are those explicitly given to the federal government, while reserved powers are those retained by the states. Concurrent powers are shared powers, where the state and federal governments have to coordinate to meet the needs of their citizens.
The dual sovereignty doctrine recognises that separate sovereignties, such as separate states, can pursue the same case in criminal court when an offense is committed that impacts both jurisdictions. This doctrine establishes an exception to the Double Jeopardy Clause of the Fifth Amendment, which protects individuals from being prosecuted more than once for the same offence.
The Supreme Court has recognised the practical considerations justifying the dual sovereignty doctrine, noting that without this principle, states could impose more lenient sentences under state law, thereby barring federal prosecution even if the acts impinge more seriously on federal interests. In the case of Puerto Rico v. Sanchez Valle, the Supreme Court held that separate prosecutions of an individual by the United States and Puerto Rico for the same underlying conduct violated the Double Jeopardy Clause, as the two governments were not considered "separate sovereigns".
The dual sovereignty doctrine has been applied in several cases, including Heath v. Alabama (1985), where the Supreme Court established the precedent for multiple states to pursue consecutive prosecutions against an individual for the same crime when the offense occurs within multiple states' jurisdictions.
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The federal government has delegated, reserved, and concurrent powers
The US Constitution establishes a system of dual sovereignty, with certain powers delegated to the federal government and others reserved for the states. However, there are also areas of shared or concurrent powers between the federal and state governments. These concurrent powers allow for coordination and ensure the needs of citizens are met without overlap or gaps in responsibility.
Concurrent powers are those that both the federal government and the states can exercise simultaneously within their respective territories and in relation to the same citizens and subjects. Examples of concurrent powers in the US include the powers to tax, spend, and create laws. While Congress passes laws at the federal level, state legislatures can also pass laws within their purview, often through a bicameral legislative process.
The Constitution provides flexibility with implied powers, recognising that not all scenarios can be accounted for explicitly. The Necessary and Proper Clause, or elastic clause, empowers Congress to enact laws necessary and proper to execute its duties. This clause ensures the federal government can adapt to new situations and interpret its powers broadly.
Reserved powers are those not granted to the federal government, and exclusive federal powers are forbidden to the states or require federal permission. Enumerated federal powers take precedence in conflicts with state or provincial laws. However, some concurrent powers are generally not subject to federal pre-emption, such as taxing private citizens.
The Supremacy Clause in the Constitution underscores the pre-eminence of federal power, stating that the Constitution is the supreme law of the land. This clause highlights the delicate balance of power between federal and state authorities, with the understanding that federal power takes precedence in conflicts.
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The Necessary and Proper Clause gives Congress power to enact laws
The US Constitution establishes a system of
The Necessary and Proper Clause, also known as the Elastic Clause, Coefficient Clause, or Basket Clause, is a provision in the Constitution that grants Congress the power to enact laws that are "necessary and proper" to carry out its duties. This clause is found in Article I, Section 8 of the Constitution, which outlines the delegated powers of the legislative branch.
The clause states that Congress has the power:
> "To make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers, and all other Powers vested by this Constitution in the Government of the United States, or in any Department or Officer thereof."
In other words, Congress can use all means "necessary and proper" to execute its enumerated powers. This includes implied and incidental powers that are conducive to the beneficial exercise of those express powers. For example, in McCulloch v. Maryland (1819), the Supreme Court interpreted the Necessary and Proper Clause as granting Congress the implied power to establish a bank, as it was a proper and suitable instrument to aid the government in carrying out its powers.
The Necessary and Proper Clause has been used to justify a wide range of federal laws, including economic reforms, criminal statutes, and laws affecting interstate commerce. For instance, the Federal Kidnapping Act of 1932 made it a federal crime to transport a kidnapped person across state lines, as this involved interstate activity over which Congress has power. The clause has also been used to give the federal government control over currency and to uphold federal laws that interfere with the federal government's operation, such as laws against assaulting or murdering federal employees.
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State and federal governments share concurrent powers
The US Constitution establishes a system of "dual sovereignty", where state and federal governments share concurrent powers. This means that both the national government and smaller political subdivisions can make laws and have a level of autonomy from each other. The Constitution sought to strike a balance of power between the two entities.
Concurrent powers are powers that are shared and can be exercised by both the federal government and each constituent political unit, such as a state, simultaneously within the same territory, in relation to the same body of citizens, and regarding the same subject matter. These powers can be contrasted with reserved powers, which are not possessed by the federal government, and exclusive federal powers, which are forbidden to be possessed by the states or require federal permission.
An example of a concurrent power is the power to tax. Both the federal and state governments can tax, spend, and create laws. Congress passes laws at the federal level, and state legislatures can pass laws for any issue that falls under the state's power. The legislative process varies from state to state.
If there is a conflict between state and federal law, the Constitution takes precedence. This is outlined in the Supremacy Clause, which states that the Constitution "shall be the supreme Law of the Land". The Necessary and Proper Clause (also called the elastic clause) gives Congress the power to enact laws that are "necessary and proper" to carry out its duties, providing some flexibility in the federal government's powers.
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Examples of concurrent powers include the power to tax, spend, and create laws
Concurrent powers are powers that are shared by both the federal and state governments. They are an important aspect of the US government, allowing for a balance of power between the state and federal authorities. The US Constitution establishes a system of "dual sovereignty", where states have surrendered some powers to the federal government but retain sovereignty in certain areas.
The power to tax is an example of a concurrent power. Both the state and federal governments can impose taxes, with the federal government levying income tax and national sales tax, and state governments imposing a general sales tax, excise tax, property tax, and state income tax. This power to tax gives both governing bodies the ability to spend money and regulate the economy. Both levels of government can create budgets and manage debt, with the responsibility to spend money on the general welfare of the people.
Another example of a concurrent power is the ability to create laws. Congress passes laws at the federal level, and state legislatures pass laws for issues under state power. Both governments can establish lower courts, with federal and state court systems trying people for the same incident.
Other concurrent powers include the right to borrow money, the power to raise an army, and the right to define crime and set punishments.
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Frequently asked questions
Concurrent powers are powers shared by both the federal government and each constituent political unit, such as a state or province. These powers can be exercised simultaneously within the same territory, in relation to the same body of citizens, and regarding the same subject matter.
Examples of concurrent powers shared by both the federal and state governments include the powers to tax, spend, and create laws.
The state and federal governments have to coordinate to ensure the needs of their citizens are met without overstepping their boundaries. For example, Congress passes laws at the federal level, while state legislatures pass laws for issues under state power.
In the US, the Constitution takes precedence in the event of a conflict between state and federal law. Enumerated federal powers are supreme and may preempt state or provincial law.
