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.

• 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.

• Basic Judicial Requirements

  • Unlike some state courts, the power of federal courts to hear cases and controversies is strictly limited.
  • Though Congress may theoretically extend the federal courts' subject matter jurisdiction to the outer limits described in Article III of the Constitution, it has always chosen to give the courts a somewhat narrower power.
  • For most of these cases, the jurisdiction of the federal district courts is concurrent with that of the state courts.

• 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

• 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.

• The Conflict-Resolution Function

  • On the other hand, concurrent resolutions (passed by both houses) and simple resolutions (passed by only one house) do not have the force of law, but they express the opinion of Congress or regulate procedure.
  • While the Senate cannot originate revenue and appropriation bills, it has the power to amend or reject them.
  • Committees may also amend the bill, but the full house holds the power to accept or reject committee amendments.
  • Generally, members who have been in Congress longer have greater seniority and therefore greater power.

• Formal Methods of Amending the Constitution

  • This provision, many scholars argue, allows for a check on the power of the Congress to limit potential constitutional amendments.The state legislatures have, in times past, used their power to apply for a national convention in order to pressure Congress into proposing a desired amendment.
  • Article One provides that "every order, resolution, or vote, to which the concurrence of the Senate and House of Representatives may be necessary (except on a question of adjournment) shall be presented to the President of the United States; and before the same shall take effect, shall be approved by him, or being disapproved by him, shall be repassed by two thirds of the Senate and House of Representatives. "