Concurrent Powers in United States
Practical Information
Note: Some of this information was last updated in 1982
Political powers exercised independently in the same field of legislation by both federal and state governments. The concurrent power of the states is potentially subordinate to that of the federal government; it cannot be exercised unless Congress consents. Congressional consent may be given expressly or it may be implied. An example of concurrent power to regulate commerce is a case that held that where, in the absence of congressional legislation on the matter, a state was permitted to dam a navigable river. The theory used was that the commerce clause did not affect the power of the states where the federal power was not exercised. See exclusive powers (in U.S. law).
What is Concurrent Powers?
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Concurrent Powers
United States Constitution
According to the Encyclopedia of the American Constitution, about its article titled CONCURRENT POWERSIn the federalist, james madison, wrote that in fashioning the federal relationship “the convention must have been compelled to sacrifice theoretical propriety to the force of extraneous circumstances.” These sacrifices which produced a “compound republic, partaking both of the
(read more about Constitutional law entries here).
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