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Concurrent powers are powers of a federal state that are shared by both the federal government and each constituent political unit, such as a state or province. These powers may be exercised simultaneously within the same territory, in relation to the same body of citizens, and regarding the same subject-matter. [ 1 ]
The enumerated powers listed in Article One include both exclusive federal powers, as well as concurrent powers that are shared with the states, and all of those powers are to be contrasted with reserved powers that only the states possess.
One of these powers is called the express powers. These powers are expressly given, in the Constitution, to each branch of government. Another power is the implied powers. These powers are those that are necessary to perform expressed powers. There are also inherent and concurrent powers.
The power to tax is a concurrent power of the federal government and the individual states. [8] The taxation power has been perceived over time to be very broad, but has also, on occasion, been curtailed by the courts. [9] United States v.
Among the powers specifically given to Congress in Article I Section 8, are the following: 1. To lay and collect taxes, duties, imposts and excises, to pay the debts and provide for the common defense and general welfare of the United States; but all duties, imposts and excises shall be uniform throughout the United States;
Article I, Section 8, Clause 7 of the United States Constitution, known as the Postal Clause or the Postal Power, empowers Congress "To establish Post Offices and post Roads." The Post Office has the constitutional authority to designate mail routes.
A Congressional power of enforcement is included in a number of amendments to the United States Constitution. The language " The Congress shall have power to enforce this article by appropriate legislation " is used, with slight variations, in Amendments XIII , XIV , XV , XIX , XXIII , XXIV , and XXVI .
The power of the presidency has grown since the 1970s due to key events and to Congress or the Courts not being willing or able to rein in presidential power. [88] With strong incentives to grow their own power, presidents of both parties became natural advocates for the theory [18] and rarely gave up powers exercised by their predecessors. [34]