Editing Concurrent powers

{{Short description|Powers shared between a federal government and smaller administrative units}}
{{Use American English|date = March 2019}}
{{Use mdy dates|date = March 2019}}

'''Concurrent powers''' are powers of a [[federal state]] 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.<ref name="Scardino">Scardino, Frank.  ''[https://books.google.com/books?id=MLhxnmmtivwC&pg=PA31 The Complete Idiot's Guide to U.S. Government and Politics]'', p. 31 (Penguin 2009).</ref> Concurrent powers are contrasted with [[reserved powers]] (not possessed by the federal government) and with [[exclusive federal powers]] (forbidden to be possessed by the states, or requiring federal permission).<ref name="Scardino" />  

In many federations, enumerated federal powers are supreme and so, they may pre-empt a state or provincial law in case of conflict.  Concurrent powers can therefore be divided into two kinds: those not generally subject to federal pre-emption, such as the power to tax private citizens, and other concurrent powers.<ref>Zimmerman, Joseph.  [https://books.google.com/books?id=kGi7BAAAQBAJ&pg=PA78 The Initiative, Second Edition: Citizen Lawmaking], p. 78 (SUNY Press, 2014).</ref>  

In the United States, examples of the concurrent powers shared by both the federal and the state governments include the powers to tax, to spend, and to create lower courts.<ref>[https://web.archive.org/web/20110621215344/http://claremont.org/repository/doclib/Encyclopedia%20Amer%20Const%20Arts.pdf The Encyclopedia of the America Constitution]</ref>

== Types of concurrent powers ==
The number and types of concurrent powers depend on the level of integration established by the constitution and [[Federal law|other laws]]. Federations that practice [[cooperative federalism]] will predominantly exercise concurrent powers, while those applying the doctrine of [[dual federalism]] will demarcate most powers as either exclusive to the federal government or reserved for the states. [[Asymmetric federalism]] offers a hybrid of these two models, in which the federal government may possess extensive exclusive and/or concurrent powers, but certain member states have negotiated [[Opt-out (politics)|opt-out]] rights over select policy areas.

Depending on the country, any or all of the following powers may be shared between different levels of government:

* [[Peace, order, and good government]], typically focusing on general [[internal security]], [[Public-order crime|public order]], and [[anti-corruption]] measures
* [[Martial law]] and other [[State of emergency|emergency declarations]]. May be imposed by the federal government via [[direct rule]] or [[Federal execution|federal executions]], or requested by the states in the form of [[military aid to the civil power]]/[[Military aid to the civil community|community]].
* [[Power of the purse]]
* [[Eminent domain]]
* [[General welfare clause|General welfare]], which can encompass all [[lawmaking]] powers regardless of [[List of areas of law|subject matter]]
* [[Jus legationis|Diplomacy]] and [[Jus tractatuum|treaty-making]], in federations that allow [[paradiplomacy]]
* [[Border control|Border controls]], usually limited to [[Ethnic federalism|ethnic]] or [[Asymmetric federalism|asymmetric federations]]

== See also ==

* [[Concurrent jurisdiction]]
* [[Intergovernmental immunity (disambiguation)|Intergovernmental immunity]]

==References==
{{reflist}}

{{US Constitution}}

{{DEFAULTSORT:Concurrent Powers}}
[[Category:Federalism]]
[[Category:Constitutional law]]


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