Frequently Asked Questions About Concurrent Powers
Concurrent powers form a cornerstone of American federalism, yet many citizens find the concept confusing. The sharing of governmental authority between federal and state levels creates a unique system that differs from unitary governments where all power flows from a central authority. This complexity leads to legitimate questions about how these powers work, when they apply, and what happens when different levels of government disagree.
The questions below address the most common concerns about concurrent powers, drawing on constitutional law, Supreme Court precedents, and practical examples from daily governance. Whether you're a student studying civics, a citizen trying to understand your rights and obligations, or simply someone interested in how American government functions, these answers provide clear explanations grounded in legal authority and historical practice. For a broader overview of how concurrent powers fit into the federal system, visit our main page, and for background on the development of these principles, check our about section.
What are concurrent powers in government?
Concurrent powers are governmental powers that are shared by both federal and state governments. These powers can be exercised simultaneously by both levels of government without conflict. The term reflects the reality that both jurisdictions 'run together' in exercising these authorities. Examples include taxation, establishing courts, enforcing laws, borrowing money, and building infrastructure. Unlike exclusive federal powers (like coining money) or reserved state powers (like conducting elections), concurrent powers allow both levels to act independently within their respective spheres. This arrangement was not explicitly detailed in the Constitution but emerged through interpretation and practice as a practical necessity for governing a federal republic.
What are examples of concurrent powers in the United States?
Examples of concurrent powers include the ability to tax citizens, establish courts, enforce laws, and regulate commerce within state boundaries. Both federal and state governments can exercise these powers independently. Taxation represents the most visible example: the IRS collects federal income tax while state revenue departments collect state income taxes. Court systems operate concurrently with 94 federal district courts handling federal matters and 50 separate state court systems addressing state law issues. Law enforcement includes federal agencies like the FBI alongside state police and local departments. Both levels borrow money through bonds and securities. Infrastructure development occurs at both levels, with federal highway programs complementing state transportation projects. The power to charter banks, regulate business practices, and establish bankruptcy procedures also function as concurrent powers.
How do concurrent powers differ from exclusive powers?
Concurrent powers are shared between federal and state governments, while exclusive powers belong solely to one level of government. For example, only the federal government can declare war, coin money, make treaties with foreign nations, or regulate international commerce—these are exclusive federal powers enumerated in Article I, Section 8 of the Constitution. Conversely, states exclusively control local government structure, conduct elections, and regulate marriage and divorce. Concurrent powers like taxation and law enforcement can be exercised by both levels simultaneously. The key distinction is that exclusive powers cannot be shared or assumed by the other level of government, while concurrent powers function through dual exercise. This division prevents governmental paralysis while maintaining clear boundaries for certain sensitive functions like foreign policy and national defense.
What happens when concurrent powers conflict between federal and state government?
When concurrent powers conflict, federal law takes precedence over state law under the Supremacy Clause of the Constitution. This principle ensures that federal authority prevails in cases of direct conflict. Article VI, Clause 2 establishes that the Constitution, federal laws, and treaties constitute 'the supreme Law of the Land.' The Supreme Court has reinforced this principle in numerous cases, including McCulloch v. Maryland (1819) and Arizona v. United States (2012). However, conflict does not always mean complete federal displacement. States can provide greater protections or stricter standards than federal minimums in many areas. For instance, states can set higher minimum wages, stricter environmental standards, or more comprehensive consumer protections. Federal law establishes a floor, not a ceiling, in most concurrent power areas unless Congress expressly preempts state action.
Is borrowing money a concurrent power?
Yes, borrowing money is a concurrent power that both federal and state governments exercise regularly. The federal government borrows extensively through Treasury bills, notes, and bonds, with the national debt exceeding $33 trillion as of 2024. Article I, Section 8 grants Congress the power to borrow money on the credit of the United States. States also borrow through municipal bonds and state bonds to finance infrastructure projects, education facilities, and other capital improvements. State debt collectively exceeds $1.2 trillion. However, states face more restrictions than the federal government: most state constitutions require balanced operating budgets, and states cannot print money to service debt. States also cannot borrow to fund ongoing operations in most cases, limiting bonds to capital projects. Despite these differences, both levels actively use borrowing as a fiscal tool, making it a clear example of concurrent power.
What is the difference between reserved powers and concurrent powers?
Reserved powers belong exclusively to states under the Tenth Amendment, while concurrent powers are shared between federal and state governments. Reserved powers include conducting elections, establishing local governments, regulating intrastate commerce, ratifying constitutional amendments, and determining marriage and divorce laws. The federal government has no constitutional authority to exercise reserved powers. Concurrent powers like taxation, court systems, and law enforcement can be exercised by both levels simultaneously. The distinction matters for determining which level of government has jurisdiction over specific issues. Reserved powers reflect areas where the Constitution grants no federal authority, preserving state sovereignty. Concurrent powers reflect areas where both levels legitimately operate, sometimes requiring coordination. When federal and state governments both exercise concurrent powers, the Supremacy Clause resolves conflicts, but this clause does not apply to reserved powers because the federal government lacks standing in those areas.
Which powers are given directly to the people or the states?
Powers given directly to the states are called reserved powers, protected by the Tenth Amendment, which states that powers not delegated to the federal government are reserved to the states or the people. These include conducting elections, establishing local governments, regulating marriage and divorce, ratifying constitutional amendments, and controlling education policy. Powers given to the people include fundamental rights protected by the Bill of Rights: freedom of speech, religion, press, assembly, the right to bear arms, protection against unreasonable searches, and due process rights. The Ninth Amendment explicitly recognizes that people retain rights not specifically enumerated in the Constitution. The distinction between state powers and people's rights is important: state powers involve governmental authority to regulate and govern, while people's rights impose limits on what any government can do. Both categories restrict federal overreach but operate differently—one through federalism, the other through individual liberty protections.
How do enumerated, implied, concurrent, and reserved powers differ?
These four categories describe different types of governmental powers in the federal system. Enumerated powers are those explicitly listed in the Constitution, primarily in Article I, Section 8, including the power to tax, coin money, declare war, and regulate interstate commerce—there are 27 enumerated powers total. Implied powers derive from enumerated powers through the Necessary and Proper Clause, allowing Congress to take actions not explicitly listed but reasonably related to executing enumerated powers, such as creating a national bank or establishing the draft. Concurrent powers are shared by both federal and state governments, including taxation, court systems, and law enforcement. Reserved powers belong exclusively to states under the Tenth Amendment, including conducting elections and establishing local governments. The relationship between these categories creates the framework of American federalism: the federal government exercises only enumerated and implied powers, states exercise reserved and concurrent powers, and the Supremacy Clause resolves conflicts in the concurrent sphere.
| Power Type | Definition | Exercised By | Constitutional Source | Key Examples |
|---|---|---|---|---|
| Enumerated | Powers explicitly listed in Constitution | Federal government | Article I, Section 8 | Coin money, declare war, regulate interstate commerce |
| Implied | Powers reasonably related to enumerated powers | Federal government | Necessary and Proper Clause | Create national bank, establish draft, regulate immigration |
| Concurrent | Powers shared by federal and state governments | Both federal and state | Constitutional interpretation | Taxation, courts, law enforcement, borrowing money |
| Reserved | Powers belonging exclusively to states | State governments | Tenth Amendment | Conduct elections, establish local governments, regulate marriage |
| Denied | Powers prohibited to government | Neither level | Various constitutional provisions | Grant titles of nobility, pass ex post facto laws |
External Resources
- Supremacy Clause - When concurrent powers conflict, federal law takes precedence over state law under the Supremacy Clause of the Constitution.
- Article I, Section 8 - Enumerated powers are those explicitly listed in the Constitution, primarily in Article I, Section 8, including the power to tax, coin money, declare war, and regulate interstate commerce.
- Tenth Amendment - Reserved powers belong exclusively to states under the Tenth Amendment, while concurrent powers are shared between federal and state governments.
- McCulloch v. Maryland (1819) - The Supreme Court has reinforced this principle in numerous cases, including McCulloch v. Maryland (1819) and Arizona v. United States (2012).