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Concurrent powers

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Powers shared between a federal government and smaller administrative units

Concurrent powers are powers of afederal 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.[1] Concurrent powers are contrasted withreserved powers (not possessed by the federal government) and withexclusive federal powers (forbidden to be possessed by the states, or requiring federal permission).[1]

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.[2]

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.[3]

Types of concurrent powers

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The number and types of concurrent powers depend on the level of integration established by the constitution andother laws. Federations that practicecooperative federalism will predominantly exercise concurrent powers, while those applying the doctrine ofdual 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 negotiatedopt-out rights over select policy areas.

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

See also

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References

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  1. ^abScardino, 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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