Eleanor Finch
Concurrent powers refer to the shared powers of a federal state that are delegated to both the federal government and its constituent political units, such as a state or province. These powers are outlined in the US Constitution, which establishes a system of dual sovereignty, where states have surrendered some powers to the federal government while retaining sovereignty in certain areas. The Constitution grants concurrent powers in areas such as taxation, borrowing money, establishing courts, and defining crimes, allowing both levels of government to act simultaneously within their territories for the welfare of the people.
| Characteristics | Values |
|---|---|
| Powers | Taxation, borrowing money and having credit, establishing courts, defining crime and setting punishments, taking private property for public use, raising armies, regulating commerce |
| Nature | Shared powers between the federal government and state governments |
| Sovereignty | Dual sovereignty, where states have surrendered many powers to the federal government but retained some |
| Types | Concurrent powers, reserved powers (not possessed by the federal government), exclusive federal powers (forbidden for states or requiring federal permission) |
| Preemption | The US Supreme Court determines whether federal authority is exclusive, making state action in a given area impossible |
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What You'll Learn
The federal government's 'enumerated powers'
Concurrent powers are shared powers between the federal and state governments, outlined in the US Constitution. These powers are delegated in Article I, Section 8, which gives the federal government the authority to collect taxes and duties, import fees, pay debts, raise armies, and regulate commerce.
The federal government is a government of delegated powers, meaning it only has the powers granted to it by the Constitution. Enumerated powers are those specifically granted to the federal government, and mostly to Congress. There are 27 powers specifically delegated to the federal government by the Constitution.
The following paragraphs outline the federal government's enumerated powers:
Power to lay and collect taxes
The federal government has the power to levy income tax and national sales tax on goods. This power is granted by the Constitution and allows the government to collect revenue to fund its operations and provide for the general welfare of the nation.
Power to pay debts and provide for the general welfare
This power enables the federal government to manage the nation's finances, including paying off debts and allocating resources to promote the well-being of its citizens.
Power to regulate commerce
The federal government has the authority to regulate commerce with foreign nations, among the states, and with Indian tribes. This includes the power to impose tariffs, regulate trade, and ensure fair and uniform commercial laws throughout the country.
Power to raise and maintain armed forces
The federal government can raise and support armies, as well as provide for the militia to execute laws, suppress insurrections, and repel invasions. This power includes the authority to declare war and make rules concerning captures on land and water.
Power to establish courts
The federal government can constitute tribunals inferior to the Supreme Court, such as federal district courts and appellate courts. This power allows the federal government to interpret and enforce federal laws.
These paragraphs provide a detailed overview of the federal government's enumerated powers, as outlined in the US Constitution. These powers are specific to the federal government and separate from the powers shared with state governments under concurrent powers.
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State laws and sovereignty
The concept of state sovereignty recognises the existence of over 200 sovereign states in the international community, each with its own system of laws and governance. In the context of the US Constitution, state laws and sovereignty refer to the powers delegated to both the federal and state governments, allowing them to operate simultaneously within the same territory. This system of "dual sovereignty" is outlined in Article VI of the US Constitution, where states have surrendered certain powers to the federal government while retaining sovereignty in other areas.
The US Constitution establishes a framework where state governments generally follow the rulings of the federal government, but they also possess concurrent powers that enable them to act independently in specific domains. These concurrent powers, found in Article I, Section 8, include the authority to levy taxes, borrow money, establish courts, and define crimes and punishments. For instance, while the federal government levies income and national sales taxes, states may impose sales, excise, property, and state income taxes.
The Tenth Amendment reinforces the concept of state sovereignty by stating that powers not explicitly granted to the federal government are "reserved to the states." This ensures that states maintain a level of autonomy and can exercise powers not exclusively delegated to the federal government. The US Supreme Court plays a crucial role in interpreting and delineating these powers, determining whether federal authority has "occupied the field" to the exclusion of state action.
The Supremacy Clause of the Constitution, established in 1787, affirms federal authority by stating that federal law supersedes state laws. This clause has been invoked in situations where uniform standards are necessary, such as in the case of drug labelling, where the Food and Drug Administration (FDA) sets minimum standards that all states must follow.
In summary, the US Constitution establishes a system of dual sovereignty, where state laws and sovereignty coexist with federal powers. States possess concurrent powers that allow them to act independently in specific areas, such as taxation and borrowing money, while also adhering to federal rulings and recognising the supremacy of federal law in certain instances. The delineation of powers between the federal government and state governments is a complex and ongoing process, shaped by Supreme Court interpretations and the evolving nature of international law and relations.
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Borrowing money and accruing debt
Concurrent powers refer to those powers that are shared between the federal and state governments in the United States. These powers are outlined in the US Constitution, which establishes a system of "dual sovereignty," where states have surrendered some powers to the federal government while retaining sovereignty in certain areas.
One example of concurrent powers is the ability to borrow money and accrue debt. Both the federal government and state governments have the right to borrow money and take on debt. This power is derived from Article I, Section 8 of the Constitution, which states that Congress shall have the power "to borrow Money on the credit of the United States."
The ability to borrow money and accrue debt is essential for both the federal government and state governments to function effectively. It allows them to cover expenses, fund important programs and services, and address budget deficits. For example, the federal government may borrow money by selling Treasury bonds, bills, or notes to investors, accruing debt that includes the principal amount borrowed plus interest.
While both levels of government share the power to borrow money, there are some differences in how they do so. The federal government can borrow money by issuing treasury notes and making them legal tender, as affirmed by court rulings in 1870 and 1871. On the other hand, most states have laws in place to maintain a balanced budget, reducing their need to borrow money frequently.
It is important to note that the scope of concurrent powers can evolve over time. The US Supreme Court plays a crucial role in determining whether a power is exclusive to the federal government or concurrent with the states, as seen in its interpretation of preemption and federal authority.
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Establishing courts
Concurrent powers refer to the shared powers between the federal government and state governments in the United States. These powers are outlined in the US Constitution, which establishes a system of "dual sovereignty". While states have surrendered many powers to the federal government, they have also retained some sovereignty.
One of the concurrent powers shared by the federal and state governments is the ability to establish courts below the Supreme Court. This means that both levels of government have the authority to create federal or state courts, also known as lower courts. These include local courts and federal courts, where individuals may be selected to serve on a jury.
The establishment of courts by both the federal and state governments serves to maintain a balance between the two levels of authority. It allows for the creation of a judicial system that can address legal matters at both the federal and state levels, ensuring that justice is accessible and administered based on the relevant laws and regulations at each level.
The ability to establish courts is not the only concurrent power shared by the federal and state governments. Other examples include the power to levy taxes, borrow money and spend on the general welfare of the people, define crimes and set appropriate punishments, and exercise eminent domain by taking private property for public use. These concurrent powers exist to create a balance between the federal and state governments, allowing them to work together to keep citizens safe, discourage crime, and improve the economy.
It is important to note that while the federal and state governments share concurrent powers, there may be instances of conflict between their laws. In such cases, the Supremacy Clause of the Constitution indicates that federal laws take precedence, establishing federal domain over state laws.
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Defining crime and setting punishments
Concurrent powers refer to the shared powers between the federal government and state governments, as outlined in the US Constitution. These powers allow both the federal and state governments to act simultaneously within the same territory on the same group of citizens. While the term "concurrent" is only used in the Eighteenth Amendment, granting concurrent authority to enforce Prohibition, other powers may be concurrent if they are not granted exclusively to the federal government by the explicit language of the Constitution.
One example of concurrent powers is the right to define crimes and set punishments. Lawmakers (legislators) at both the state and federal levels have the power to define crimes and determine their punishments. This means that the same crime, such as stealing a $1,000 cellphone, can be punished differently in different states—in one state, it might be a misdemeanour, while in another, it could be a felony.
The federal government and state governments also have the power to establish courts below the Supreme Court, creating federal or state courts. These courts play a crucial role in the prosecution and sentencing of crimes. For example, the Judiciary Act of 1789 divided original jurisdiction for the trial of federal crimes between district courts and circuit courts. The Crimes Act of 1790 further clarified the powers of Congress to define and punish certain offences, such as counterfeiting and offences against the Law of Nations.
While the federal and state governments share the power to define crimes and set punishments, there are instances where federal authority overrides state laws. This is known as federal preemption and is established through the Supremacy Clause of the Constitution. For example, the federal government may set minimum standards for labelling medicines, which all states must follow regardless of their individual laws.
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 delicate balance between federal and state powers ensures that both levels of government have a certain level of autonomy and can work together to keep citizens safe, discourage crime, and improve the economy.
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Frequently asked questions
Concurrent powers are powers shared by the federal government and state governments.
Concurrent powers are outlined in Article I, Section 8 of the US Constitution, which gives states the authority to exercise powers simultaneously within the same territory and on the same group of citizens.
One example of a concurrent power is the ability to levy taxes. Both the federal and state governments can impose taxes, such as income tax and sales tax.
Exclusive powers are powers that only the federal government can exercise, while concurrent powers can be exercised by both the federal and state governments.
In certain contexts, concurrent powers can become exclusive. This usually occurs when the federal government has "occupied the field" to such an extent that state action in a given area is precluded, making federal authority exclusive.
