concurrent powers

Examples of concurrent powers in the following topics:

• Concurrent Powers

  • Concurrent powers are the powers that are shared by both the State and the federal government, exercised simultaneously.
  • The United States Constitution affords some powers to the national government without barring them from the states.
  • Concurrent powers are powers that are shared by both the State and the federal government.
  • These concurrent powers including regulating elections, taxing, borrowing money and establishing courts.
  • Describe concurrent powers and how they are exercised in the federal system

• The 18th Amendment

  • The Congress and the several States shall have concurrent power to enforce this article by appropriate legislation.

• Gibbons v. Ogden

  • Ogden was a landmark decision in which the Supreme Court granted Congress the power to regulate interstate commerce.
  • Chief Justice John Marshall avoided the issue of exclusivity of federal powers over commerce, claiming it was not essential to the case.
  • He held that it was a legitimate exercise of congressional power regulating interstate commerce, and therefore superseded the state law allowing the monopoly.
  • Ogden's lawyer contended that states often passed laws on issues regarding interstate matters, and that states should have fully concurrent power with Congress on matters concerning interstate commerce.
  • Knight Co., when the court began to limit congressional power.

• Early U.S. Supreme Court Decisions

  • Maryland, established the rights of power between federal and state governments.
  • The court determined that Congress had the power to create the Bank .
  • First, historical practice established Congress' power to create the Bank.
  • Third, Marshall admitted that the Constitution does not enumerate a power to create a central bank but that this is not dispositive to Congress' power to establish such an institution.
  • Ogden filed a complaint in the Court of Chancery of New York asking to restrain Gibbons from operating on those waters, contending that states passed laws on issues regarding interstate matters and states should have concurrent power with Congress on matters concerning interstate commerce.

• National Identity

  • Although the Constitution expressly delegates to the federal government only some of the usual powers of sovereign governments (such as the powers to declare war and make treaties), all such powers inherently belong to the federal government as the country's representative in the international community.
  • Similarly, the federal government, as an attribute of sovereignty, has the power to enforce those powers that are granted to it.
  • The Court has recognized the federal government's supreme power over those limited matters entrusted to it.
  • In addition, the doctrine of separation of powers functions as a limitation on each branch of the federal government's exercise of sovereign power.
  • Notwithstanding sometimes broad statements by the Supreme Court regarding the "supreme" and "exclusive" powers the state and federal governments exercise, the Supreme Court and state courts have also recognized that much of their power is held and exercised concurrently.

• The Legislative Function

  • However, the Constitution grants each chamber some unique powers.
  • Congressional oversight is usually delegated to committees and is facilitated by Congress's subpoena power.
  • Committees have power and have been called 'independent fiefdoms'.
  • A Concurrent Resolutions, which affects both House and Senate and thus are not presented to the president for approval later.
  • Differentiate between the powers granted by the Constitution to the House and Senate

• Internal and External Control

  • These are called feedback, concurrent control, and feedforward, respectively.
  • Concurrent control is active engagement in a current process where observations are made in real time.
  • Diagram the control process of feedback, concurrent control, and feedforward within the organizational control context

• The New Deal: Cooperative Federalism and the Growth of the National Government

  • Congress often avoids the adoption of completely nationalized programs by creating a delivery system for federal programs and by motivating compliance—threatening states that they will pose power over the regulated area completely.
  • It may open both federal and state courts to enforcement of that right, by specifically providing concurrent jurisdiction in the federal courts.

• Bicameralism

  • Bicameral legislatures tend to require a concurrent majority to pass legislation.
  • This tends to place much power in the hands of only a small number of legislators.

• Article I

  • Section Nine places limits on powers of Congress and the government.
  • The Senate shall have the sole power to try all impeachments.
  • When the President of the United States is tried, the Chief Justice shall preside: And no person shall be convicted without the concurrence of two thirds of the members present.
  • Each House may determine the rules of its proceedings, punish its members for disorderly behavior, and, with the concurrence of two thirds, expel a member.
  • To 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.