Concurrent powers

Concurrent powers are powers in nations with a federal system of government 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 states' rights (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 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 possessed by both the federal and state governments are: the power to tax, build roads, establish bankruptcy laws, and to create lower courts.[3]

References

  1. 1 2 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
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