Concurrent Powers: Shared State & Federal Responsibilities
1 of 10
What are concurrent powers?
Powers that are shared by both the federal government and the state governments, which may be exercised simultaneously, in the same territory, and in relation to the same body of citizens.
What is the most fundamental concurrent power?
The power to levy and collect taxes. Both the federal government (e.g., income tax) and state/local governments (e.g., sales tax, property tax) tax citizens.
Can both federal and state governments borrow money?
Yes, the power to borrow money on credit is a concurrent power. The federal government issues savings bonds and Treasury bills, while states issue municipal bonds.
Which level of government has the power to establish courts?
Both. The U.S. has a dual court system. The federal government establishes the Supreme Court and lower federal courts, while each state establishes its own court system.
Do both federal and state governments have the power to define crimes and set punishments?
Yes. Certain acts, like bank robbery or kidnapping, can be crimes under both federal and state law. This is a concurrent power.
What is 'eminent domain' and is it a concurrent power?
Eminent domain is the power of the government to take private property for public use, with just compensation. Yes, it is a concurrent power exercised by both federal and state governments.
What happens if a state law and a federal law on a concurrent matter conflict?
The federal law takes precedence due to the Supremacy Clause of the Constitution (Article VI, Clause 2). State laws cannot contradict federal laws.
Provide an example of a conflict in concurrent powers.
If a state passed a law allowing a lower minimum wage than the federal minimum wage, the federal law would apply to most employers due to the Supremacy Clause.
Can both levels of government charter banks and corporations?
Yes, the power to charter banks and corporations is another example of a concurrent power.
Can both federal and state governments pass laws to provide for public health and welfare?
Yes. For example, both the federal CDC and state health departments work to control disease outbreaks. This is a concurrent power.
