Shared Powers

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  • Powers shared in a separation-of-powers government. In the United States, the three branches of government at the federal level (executive, legislative, judicial) share the power to make laws and govern the nation, but each “check and balance” the other. Shared powers can also refer to “concurrent powers.” Concurrent powers are held in common between the federal and state governments but otherwise operate in a mutually exclusive manner. If a conflict arises regarding a concurrent power, according to the supremacy clause, Article 6 of the U.S. Constitution, the federal interest will prevail. Examples of concurrent powers include the powers to collect taxes, borrow money, build public works, charter banks, establish courts, assist agriculture and industry, and protect public health.

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