The Constitution awards different powers to the federal and State governments; however, in some states of the U.S., these are equally balanced in terms of controls. The federal government of the U.S. is divided into three separate powers. These branches are appointed their mandates and their boundaries by the Constitution. This critical power distinction allows for successfully maintaining the country’s political makeup. Having concurrent powers serves as insurance to protect the will of the people. Having checks and balances is important; however, laws must correlate and extend from one another. 

For the different arms of the U.S. government to run effectively, concurrent powers are necessary. These powers are the backbone of cooperation between departments of governments. They are defined as authority that state and federal governing bodies can execute. There is a mutual exclusivity applied to both levels of government. The result of this is known as dual sovereignty. This term argues that the federal government runs states; however, they also can exercise some powers simultaneously with those used by the federal government. Another term for this scenario is federalism. Federalism is the key to achieving dual sovereignty and is vital for maintaining a comprehensive two-level system.

Concurrent Powers in the Constitution

The Constitution of the United States can be described as a federal-based system. It distributes power between a federal government and a state government. According to the Supreme Court, this means absolute power is given to these branches. The federal government, therefore, has limited powers, and all actions taken by the concurrent forces must be logical by-products of the Constitution. The Supremacy Clause is important for understanding this as it proclaims the Constitution, federal laws, and treaties surpass any other laws in the country.

Enumerated powers are the limited mandates given to both federal and local governments. These are outlined in Article I, Section 8 of the Constitution. It allows them to levy taxes, regulate commerce and establish a uniform naturalisation law. Concurrent powers allow for the establishment of federal courts as long they submit to the outcomes of matters brought before the Supreme Court. Finally, they can establish and maintain a military and take that army to war.

Concurrent powers are often exercised to protect citizens, discourage criminal activity, or jump-start a moribund economy. The U.S. Constitution provides for these shared powers and delegates that they should follow the rulings of the national governing body. It also provides for situations where controls must be executed concurrently. These situations often require decisive actions to keep people safe.

The idea behind concurrent powers is similar to getting double insurance. Both branches will work to enforce the rule of law, which has resulted in protecting citizens from harm. An example of concurrent powers is taxation. National and local governments can institute this measure. The State and country’s economy are intertwined and need a source of revenue to perform operations. This money is generated through taxes. This type of concurrent power allows each governing body to increase fiscal spending and improve the economy for all citizens through taxation.

Concurrent Powers Location

The Constitution of the United States covers concurrent powers in numerous sections. It refers explicitly to concurrent powers in the Supremacy Clause, Article I, Section 8. This term is also referred to in the 10th Amendment.  

The Supremacy Clause

The Supremacy Clause is vital to understanding concurrent powers. Article VI of the U.S. Constitution is the Supremacy Clause. This section of the Constitution states that when federal law conflicts with state law, federal law supersedes state law. This rule means that if there is a conflict of policy, then states must follow the preeminent rules of the national government. Conflict is mitigated when the State makes laws or takes actions that flow from federal regulations. If there is no conflict between the steps, there is federal pre-emption. This allows them both to exercise similar or concurrent powers simultaneously.

Pre-emption is often deemed beneficial for the citizens as it seeks to reinforce a positive action. An example of positive federal pre-emption is enforcing standards for pharmaceutical manufacturing. National laws often implement these standards, and local authorities maintain the labelling standards for the good of the community. Having detailed requirements for the distribution and manufacturers of drugs provides uniform standards for over-the-counter medications. This clause added consistency to the laws that didnt exist between 2006 and 1999. When these powers are not exercised concurrently, they bring down set standards and boundaries for companies that can affect the health of citizens.

10^th Amendment

While the U.S. Constitution allows significant powers to the federal government, they are isolated by the 10th Amendment. This Amendment was the last addition to the Bill of Rights. It outlines that the Constitution or the federal government does not mandate the powers of a state. The State’s mandates are actioned or reserved to serve the people above all.

This clause can be explained by considering that the powers reserved to the several States cover all affected citizens. This authority extends to all the objects which see their course of affairs, lives, liberties, and properties affected by the decisions taken. Concurrent powers are essential to protect the people, internal order, improvement, and prosperity of the State.

These are known as reserved powers and are often referred to as “police powers,”. This term means the State often sets its terms for maintaining and improving public safety, health, and welfare.