Concurrent Powers

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  • The power to enact and oversee legislation in certain areas, granted in the U.S. Constitution to both Congress and the state legislatures. The powers are held in common between the federal and state governments but otherwise operate in a mutually exclusive manner. 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. Concurrent powers stand in contrast to an “exclusive power,” which is only assigned to the federal government. 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.


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