Concurrent powers

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. 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).

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.

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.

Types of concurrent powers

The number and types of concurrent powers depend on the level of integration established by the constitution and 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.

• Law enforcement powers (sometimes referred to as peace, order, and good government)
• Power of the purse
• General welfare legislation
• Diplomacy and treaty-making, in federations that allow paradiplomacy
• Border controls, usually limited to ethnic or asymmetric federations

See also

• Concurrent jurisdiction
• Intergovernmental immunity