Concurrent Powers

Concurrent Powers Government

To understand concurrent powers, we need to go all the way back to the first framework for the United States government.

During the Revolutionary War, the newly-formed Congress passed the Articles of Confederation. Under the Articles, the United States operated as a Confederation, meaning that all of the original 13 colonies became independent states that formed a union. Each state government maintained its original powers, while the federal government was given a few powers like the ability to declare war and sign treaties.

However, the country quickly experienced major problems under the Articles of Confederation. The federal government didn't have any authority to tax people so the debts from the war piled up to a crisis point. The states were also disputing things like slavery and who should own the land to the west, but the federal government didn't have enough power or influence to manage the conflict.

Federalism

The preamble to the Constitution. Source: Wikimedia Commons, PD US

The newly created Constitution sought to address some of these issues. The Constitution created a federalist type of government, which meant that instead of a loose union of independent states, the country would now be united under a strong central government.

However, before the war, each colony had operated independently. Now that they were states and had their independence, many of them didn't want to give up that power to a central government. So they created a style of government called dual federalism, which created a strong government while giving the states their own powers.

Delegated, Reserved, and Concurrent Powers

The Constitution sought to strike the balance of power between the state and federal governments. To do this, it describes delegated, reserved, and concurrent powers.

Delegated Powers

Delegated powers, also called enumerated or expressed powers (see Enumerated and Implied Powers), refer to those that the Constitution explicitly gives to the federal government.

Article 1, Section 8 of the Constitution spells out the delegated powers of the legislative branch. Most of the phrases start with "Congress shall have power to..."

• Collect Taxes, Duties, Imposts and Excises
• Pay the Debts
• Provide for the common Defense and general Welfare of the United States
• Regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes;
• Establish a uniform Rule of Naturalization, and uniform Laws on the subject of Bankruptcies throughout the United States
• Coin Money
• Establish Post Offices and Post Roads
• Promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries
• Constitute Tribunal to the Supreme Court
• Define and punish Piracies and Felonies committed on the high Seas, and Offenses against the Law of Nations
• Declare War
• Raise and support Armies
• Provide and maintain a Navy;
• Provide for calling forth the Militia to execute the Laws of the Union, suppress Insurrections and repel Invasions;
• Make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers, and all other Powers vested by this Constitution in the Government of the United States, or in any Department or Officer thereof.

The first page of the Constitution, including Article I. Source: Wikimedia Commons: CC-PD-Mark

Implied Powers

The Constitution also left some wiggle room for the federal government in the form of implied powers. Instead of being explicitly listed out, these powers are assumed. The framers knew that it was impossible to account for every single scenario that would come up as the country progressed, so they included the Necessary and Proper Clause (also called the elastic clause). This provision gives Congress the power to enact laws that are "necessary and proper" to carry out its other duties.

Reserved Powers

The Constitution sets aside all of the powers not given to the federal government for the state governments. These are called reserved powers. After the Constitution went to the states for ratification in 1787, some states said they would only ratify if a bill of rights was added, including a provision that set aside powers for the states. Thus, the first ten amendments to the Constitution were added in 1789.

The last of these, the tenth amendment, talks about reserved powers. While it doesn't provide a specific list, it indicates that any powers not delegated to the federal government are reserved for the states:

Concurrent Powers: Importance

The balance of power between the state and federal government has been one of the most controversial issues in the American government. The framers of the Constitution knew from experience (and the many crises under the Articles of Confederation) that the country couldn't function with two heads. If there's a conflict, who gets the final say? If there are 13 states and one federal government, does that mean that there are 14 equal voices when it comes to making decisions?

After intense debates between the federalists and antifederalists, they decided that the federal government needed to have that power. We see this in the Supremacy Clause in the Constitution, which states:

While concurrent powers are an important aspect of the US government, if there are any conflicts between state and federal law, the Constitution takes precedence.

Concurrent Powers Examples

There are many shared powers between the state and federal governments. Below are some of the most important!

Passing Laws

Congress is in charge of passing laws at the federal level, but state legislatures have the power to pass laws for any issue that falls under the state's power. Just like Congress, most state legislatures are bicameral, meaning they are made up of a Senate and a House of Representatives. The legislative process varies from state to state.

States have their own capitol buildings where the legislature meets to pass laws. Pictured above is Pennsylvania's capitol building, located in Harrisburg. Source: Schindlerdigital, CC-BY-SA-4.0, Wikimedia Commons

Taxing

If you've ever wondered why people have to pay both state and federal taxes every year, it's because both the state and federal governments have the power to impose taxes.

This also ties in with powers like creating an infrastructure (which is the responsibility of both the state and federal governments) and creating an education system (which is the responsibility of the state). If the government is in charge of programs like these, it needs a mechanism to raise money.

Spending Money

The other side of raising money is the ability to spend money. Both the state and federal governments have the power to spend money, which includes the responsibility of creating a budget and managing debt. Every year, each state develops its own budget and spending plans, while Congress makes the budget for the federal government.

Raising an Army

The Department of Defense manages the military at the federal level, but states are also allowed to have their own military forces. Each state can raise its own army in the form of the National Guard, which can be activated by the federal government if needed.

Establishing Courts

Since states have the power to create their own laws, they also need a judicial branch to help monitor the enforcement of these laws. State courts make rulings based on their state constitution, while federal courts make rulings based on the federal Constitution. The Supreme Court is the highest court in the country, so if there are disputes at the state level, the cases are sometimes elevated to the level of the Supreme Court.

States also have their own Supreme Courts that review laws based on the state's constitution. Pictured above is the New York Supreme Court building. Source: DJmutex, CC-BY-SA-3.0-migrated-with-disclaimers, Wikimedia Commons