concurrent power of federal and state goverment?

Question

what's an example?

An article that would show this? I know taxes are part of concurrent power held by both but I can't find an article.

Answer 1

Highway maintenance, Medicaid, Workers Comp, and on and on.

Answer 2

The concept of concurrent power of federal and state governments can best be summed up under the Dual Sovereignty theory once announced by Chief Justice Taney of the United States Supreme Court.

In essence the idea is that the States have seperate rights called "police powers" to legislate and regulate the people based on health, safety and welfare. So laws that prohibit speeding, possession of narcotics, or murder are primarily within the sphere of State regulation.

The Federal government is more concerned with interstate and foreign relations. So many Federal laws which prohibit the same or similar crimes such as State law, are passed when the criminal activity affects interstate commerce or international trade for instance. So there are still laws that prohibit use of the mail for instance to send or receive narcotics, or use of the mail or wire to set up a murder, etc.

The tension between the two sovereigns occurs when a person is prosecuted for a crime in State court and then gets indicted by the Federal government in Federal court. Ordinarily, one would say that the second prosecution is barred by the law of double jeopardy. You can't try the same person twice for the same crime.

The US Supreme Court reasoned that the Federal government and the State governments are separate sovereigns, each with its own obligations to its own citizens and for different reasons. Thus, the Court reasoned, the double jeopardy clause does not apply when two separate governments try a person for the same crime.

Likewise, it would be the same if Florida tried a man for assault and Georgia battery because he fired a bullet across state lines. In fact, both states and the Federal government might have a prosecution.

The same logic applies to taxation. The States and Federal government have the right to tax income, sales, and levy excise taxes on goods and services.

An interesting but very narrow article on this subject by Prof. George C. Thomas, IIIrd can be found here:

http://moritzlaw.osu.edu/osjcl/Articles/Volume1_1/Thomas.pdf

Answer 3

A good example of concurrent jurisdiction is your local Veterans Administration Hospital. The VA, a federal agency, has its own police force and enforces federal laws, rules, and regulations on the grounds of the hospital. However, The State has the right to enforce its laws on the grounds as well. The federal government does not issue driver's license or license plates to its employees. The State can enter the grounds and cite persons who violate such laws. Even though it is a federal property, the State authorities can serve an arrest warrant on an employee or even a patient.