What are 5 examples of concurrent powers?

What is a concurrent power? Definition, context, and an example of separation of powers

Plain definition

A concurrent power is an authority that both the federal government and state governments may exercise at the same time under the U.S. constitutional system, sometimes described as a core feature of federalism, and this article uses that definition as its starting point.

In practice, an example of separation of powers in this context means different levels of government can act in the same field without one level automatically being exclusive, unless a constitutional or statutory rule says otherwise. The Constitution supplies the structure for federal powers and the Tenth Amendment frames reserved powers at the state level and is discussed in resources on constitutional rights Constitution of the United States: A Transcription

Where the idea comes from in the Constitution

The Constitution enumerates federal authorities while the Tenth Amendment reserves other powers to the states or the people, which helps explain why both levels sometimes operate in the same subject area.

How federalism frames shared authority

Legal commentary treats concurrent powers as a routine outgrowth of federalism, where overlap is common and courts resolve direct conflicts under supremacy and preemption principles Federalism (WEX)

How the Constitution and Supreme Court cases shape concurrent authority

Supremacy Clause and preemption basics

The Supremacy Clause means federal law can displace inconsistent state law, so when federal and state actions collide courts decide which controls under preemption doctrines. See cases on federal pre-emption at Oyez.

One foundational example of federal supremacy in constitutional law is McCulloch v. Maryland, which established that states cannot use their powers to impede legitimate federal exercises of authority McCulloch v. Maryland case overview

Key precedent: McCulloch v. Maryland

McCulloch laid groundwork for reading federal authority broadly where the Constitution grants it, and it remains central when courts weigh whether a state law conflicts with federal power.

When federal law controls and when states may supplement

Statutes can include express preemption language, and courts also find implied preemption in some cases; where neither applies, states commonly implement or supplement federal programs so long as the state action is not inconsistent with federal law How Federal and State Powers Overlap. See a Congressional Research Service primer on preemption at Federal Preemption and State Authority.

Five common examples of concurrent powers: an overview

Why these five are widely cited

Scholars and civic overviews list certain areas as commonly concurrent because both levels of government frequently act there; the five presented here are taxation; law enforcement and criminal procedure; environmental regulation; dual court jurisdiction; and borrowing and public debt.

To test whether an area is concurrent in practice, look for both a federal statute or program and state statutes or agency actions addressing the same subject, then check for express preemption or controlling case law How Federal and State Powers Overlap

How to check whether the area is concurrent in practice

Below is a short list of five examples, each followed by brief explanation and practical notes on how to evaluate overlap.

Example 1: Taxation as a concurrent power

How both levels tax

Both Congress and state legislatures have the authority to levy taxes, and taxation is a standard example of concurrent power in legal references and civic summaries Constitution of the United States: A Transcription

States commonly impose income, sales, and property taxes while the federal government imposes income and certain excise taxes; overlap does not by itself mean one level is unlawful, but constitutional limits and statutes set boundaries.

Constitutional limits and federal supremacy issues

When a tax system raises a direct conflict between federal and state law, courts resolve it under supremacy and due process principles; in practice, Congress can sometimes preempt state tax rules by statute or by the structure of federal programs. See preemption overview at LII.

For individuals and businesses, concurrent taxation means multiple filings and attention to differing definitions and credits; where uncertainty exists, review federal statutes, state tax codes, and relevant appellate rulings before drawing firm conclusions How Federal and State Powers Overlap

Example 2: Law enforcement and criminal procedure

When federal and state prosecutors both act

Federal and state authorities can investigate the same conduct and bring separate charges under different statutory schemes, which legal summaries note is a frequent source of concurrent action Federal and State Courts: Dual Court System Overview

The dual sovereignty doctrine allows separate prosecutions by distinct sovereigns in appropriate cases, and prosecutorial discretion often determines whether both levels pursue charges.

Overlap in investigation, arrest, and prosecution

In many matters – such as drug distribution, fraud, or crimes that cross state lines – federal agencies may investigate alongside state or local law enforcement, and evidence or custody practices follow both federal and state rules.

How conflicts and dual sovereignty operate

Outcomes depend on the statutes involved, the decisions of prosecutors, and relevant precedent, so readers should consult primary cases and procedural guides if they need specifics for a given case How Federal and State Powers Overlap

Example 3: Environmental regulation and state supplementation

Federal baseline standards and state implementation

Federal environmental statutes commonly set baseline standards that states implement or supplement; where federal law includes preemption language or where courts find implied preemption, state rules may be displaced Federalism and Environmental Policy overview

Where states can set stricter rules

States may adopt stricter environmental standards than federal baselines in many areas, such as emissions or water quality, subject to constraints where federal law or federal agency implementation expressly limits state action.

Areas of active legal dispute and open questions

Recent statutes and court decisions continue to refine the line between federal preemption and permissible state supplementation, particularly in fields like air emissions, water regulation, and emerging technology impacts, so the boundary remains an area of active legal development How Federal and State Powers Overlap

Example 4: Dual court jurisdiction and how courts handle related claims

Federal and state court jurisdiction basics

The United States maintains parallel court systems where federal and state courts can each hear certain disputes; which forum applies depends on subject matter jurisdiction, diversity, federal-question statutes, and other rules Federal and State Courts: Dual Court System Overview

Parties and attorneys often consider strategic and procedural rules such as removal, abstention doctrines, and supplemental jurisdiction when related claims might proceed in different courts.

How similar claims can proceed in different courts

When related claims exist in federal and state courts, courts use procedural doctrines to manage parallel suits and to determine which court should decide particular legal questions; removal statutes and abstention doctrines are common tools in these situations.

When removal or abstention doctrines apply

Removal allows defendants to move certain state-court cases to federal court, while abstention doctrines permit federal courts to defer to state courts in particular circumstances; jurisdictional rules and precedent govern these choices, so consult jurisdictional summaries for case-specific guidance McCulloch v. Maryland case overview

Example 5: Borrowing, public debt, and shared fiscal authority; deciding when powers are concurrent

How both levels borrow and manage public debt

Both federal and state governments issue debt and manage fiscal obligations, and borrowing is commonly listed among concurrent powers in civic overviews because both levels routinely act in this fiscal domain How Federal and State Powers Overlap

To decide if an area is concurrent, use a simple test: identify a federal statute or program, identify a state statute or action on the same subject, look for express preemption language, and check controlling case law to see how courts have ruled.

Practical checklist for readers evaluating concurrency

Readers can apply a short checklist: find the federal text, find the state action, check for express preemption, and consult Supreme Court or circuit precedent; that process helps clarify whether an apparent overlap is truly concurrent or effectively preempted.

Common mistakes, reporter checklist, and a clear wrap-up

Typical errors to avoid

Common mistakes include assuming state action is preempted without checking statutory language, conflating exclusive with concurrent powers, and treating court outcomes as uniform across different legal questions.

Quick checklist for journalists and voters

Verification steps: cite the federal statute, cite the state action, look for express preemption, and consult Supreme Court or controlling circuit precedent before characterizing an area as preempted or concurrent Federalism (WEX)

Final takeaways

Concurrent powers are a normal feature of the U.S. federal system: both federal and state governments can act in many areas, and courts, statutes, and constitutional text determine which rules control when conflict arises.

For voters and reporters, the practical approach is methodical documentation: gather the federal text, gather the state action, search for preemption language, and consult controlling case law before drawing conclusions. See About for more on sourcing and verification.