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Concurrent powers are powers of a
federal state A federation (also called a federal state) is an entity characterized by a union of partially self-governing provinces, states, or other regions under a federal government (federalism). In a federation, the self-governing status of the c ...
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.Scardino, Frank.
The Complete Idiot's Guide to U.S. Government and Politics
', p. 31 (Penguin 2009).
Concurrent powers are contrasted with
reserved powers Reserved powers, residual powers, or residuary powers are the powers that are neither prohibited to be exercised by an organ of government, nor given by law to any other organ of government. Such powers, as well as a general power of competence, ...
(not possessed by the federal government) and with
exclusive federal powers Exclusive federal powers are powers within a federal system of government that each constituent political unit (such as a state or province) is absolutely or conditionally prohibited from exercising.Scardino, Frank. The Complete Idiot's Guide to ...
(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.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 other laws. Federations that practice
cooperative federalism Cooperative federalism, also known as marble-cake federalism, is defined as a flexible relationship between the federal and state governments in which both work together on a variety of issues and programs. In the United States In the American ...
will predominantly exercise concurrent powers, while those applying the doctrine of
dual federalism Dual federalism, also known as layer-cake federalism or divided sovereignty, is a political arrangement in which power is divided between the federal and state governments in clearly defined terms, with state governments exercising those powers ...
will demarcate most powers as either exclusive to the federal government or reserved for the states.
Asymmetric federalism Asymmetric federalism or asymmetrical federalism is found in a federation or other types of union in which different constituent states possess different powers: one or more of the substates has considerably more autonomy than the other substate ...
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 The term opt-out refers to several methods by which individuals can avoid receiving unsolicited product or service information. This option is usually associated with direct marketing campaigns such as e-mail marketing or direct mail. A list of th ...
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 Internal security is the act of keeping peace within the borders of a sovereign state or other Self-governance, self-governing territories, generally by upholding the national law and defending against internal security threats. This task and rol ...
,
public order Public order may refer to * Public security: the prevention of and protection from events that could endanger the safety and security of the public from significant danger or property damage * Public order policing: police maintenance of order ...
, and
anti-corruption Anti-corruption (or anticorruption) comprises activities that oppose or inhibit corruption. Just as corruption takes many forms, anti-corruption efforts vary in scope and in strategy. A general distinction between preventive and reactive measur ...
measures *
Martial law Martial law is the replacement of civilian government by military rule and the suspension of civilian legal processes for military powers. Martial law can continue for a specified amount of time, or indefinitely, and standard civil liberties ...
and other emergency declarations. May be imposed by the federal government via
direct rule In political science, direct rule is when an imperial or central power takes direct control over the legislature, executive and civil administration of an otherwise largely self-governing territory. Examples Chechnya In 1991, Chechen separat ...
or federal executions, or requested by the states in the form of military aid to the civil power/
community A community is a social unit (a group of people) with a shared socially-significant characteristic, such as place, set of norms, culture, religion, values, customs, or identity. Communities may share a sense of place situated in a given g ...
. *
Power of the purse The power of the purse is the ability of one group to control the actions of another group by withholding funding, or putting stipulations on the use of funds. The power of the purse can be used positively (e.g. awarding extra funding to programs ...
*
Eminent domain Eminent domain, also known as land acquisition, compulsory purchase, resumption, resumption/compulsory acquisition, or expropriation, is the compulsory acquisition of private property for public use. It does not include the power to take and t ...
* General welfare, which can encompass all lawmaking powers regardless of subject matter *
Diplomacy Diplomacy is the communication by representatives of State (polity), state, International organization, intergovernmental, or Non-governmental organization, non-governmental institutions intended to influence events in the international syste ...
and treaty-making, in federations that allow
paradiplomacy Paradiplomacy is the involvement of non-central governments in international relations. The phenomenon includes a variety of practices, from town twinning to transnational networking, decentralized cooperation, and advocacy in international summits ...
*
Border controls Borders are generally defined as geographical boundaries, imposed either by features such as oceans and terrain, or by political entities such as governments, sovereign states, federated states, and other subnational entities. Political borders ...
, usually limited to
ethnic An ethnicity or ethnic group is a group of people with shared attributes, which they collectively believe to have, and long-term endogamy. Ethnicities share attributes like language, culture, common sets of ancestry, traditions, society, re ...
or asymmetric federations


See also

*
Concurrent jurisdiction Concurrent jurisdiction exists where two or more courts from different systems simultaneously have jurisdiction over a specific case. United States In the United States, state courts are presumed to have concurrent jurisdiction in federal matt ...
* Intergovernmental immunity


References

Federalism Constitutional law {{constitutional-law-stub