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Quizzes > History

Which of the Following Is Not a Concurrent Power?

Quick, free concurrent powers quiz. Instant results with examples and tips.

Editorial: Review CompletedCreated By: Agustina Galuh PrabaningtyasUpdated Aug 23, 2025
Difficulty: Moderate
2-5mins
Learning OutcomesCheat Sheet
Paper art illustration depicting state and federal power icons for a concurrent powers quiz on dark blue background

Use this short quiz to spot what is not a concurrent power and what both federal and state governments can do. Questions cover taxation, courts, and more, with quick feedback to reinforce key ideas. For a deeper review, compare the expressed powers of Congress, check examples of reserved powers, and see an example of a reserved power in context.

What term describes powers that both state governments and the federal government may exercise?
Reserved powers
Exclusive powers
Enumerated powers
Concurrent powers
Concurrent powers are authorities that both the federal and state governments may exercise simultaneously. The U.S. Constitution does not explicitly define the term, but these powers emerge from the division of powers in federalism. An example is taxation, where both levels can levy taxes independently. For more detail, see .
Which of the following is an example of a concurrent power?
Declaring war
Coining money
Issuing passports
Levying taxes
Levying taxes is a power shared by both the federal government and state governments under federalism. Declaration of war and issuing passports are exclusive federal powers, while coining money is also a federal prerogative. Taxation is a classic example of concurrent power in practice. For further reading, see .
Under the U.S. Constitution, which power is shared by state governments and Congress?
Establish courts
Regulate interstate commerce
Appoint ambassadors
Maintain an army
Both states and the federal government have the authority to establish and maintain lower courts. Regulation of interstate commerce and national defense powers are reserved to Congress, while ambassadorial appointments are exclusively federal. Establishing judicial systems at various levels is a concurrent power. More information is available at .
Which branch exercises concurrent power to create lower courts?
Both federal and state judiciaries
State judiciary only
Federal judiciary only
Executive branch
Both federal and state judiciaries have the power to establish inferior courts under the doctrine of concurrent powers. The U.S. Constitution grants Congress the power to create federal courts below the Supreme Court, while state constitutions authorize state courts. The executive branch does not have this authority. See more at .
If a state law conflicts with a federal law in a concurrent power area, which law prevails?
Neither law
State law
Federal law
Local ordinance
Under the Supremacy Clause of the U.S. Constitution, federal law overrides conflicting state laws even in areas of concurrent power. This principle ensures uniformity in national policy. When state and federal statutes clash, courts enforce the federal standard. For further details, see .
Which constitutional clause enforces the supremacy of federal law over state concurrent powers?
Full Faith and Credit Clause
Commerce Clause
Supremacy Clause
Necessary and Proper Clause
The Supremacy Clause, found in Article VI of the Constitution, establishes that federal law is the supreme law of the land. It ensures that state laws conflicting with federal statutes are invalid. The Commerce Clause and Necessary and Proper Clause grant powers but do not resolve conflicts. Learn more at .
Both state and federal governments can levy income taxes. This practice exemplifies which principle?
Dual sovereignty
Federalism
Separation of powers
Judicial review
Federalism is the constitutional division of power between national and state governments, allowing both levels to tax. Dual sovereignty describes separate legal systems but does not emphasize shared power. Separation of powers refers to the division among branches of government. For more, see .
Which of these is NOT a concurrent power?
Chartering banks
Eminent domain
Regulating elections
Taxation
Regulating federal elections is an exclusive federal power, while states regulate state and local elections. Taxation, chartering banks (historically), and eminent domain are shared by both levels. The distinction lies in the authority granted by the Constitution. See for more information.
How are federal and state differences in law usually resolved when exercising concurrent powers?
Presidential decree
Supremacy Clause preemption
State referendum
Negotiation in Congress
When state laws conflict with federal laws in areas of concurrent power, the Supremacy Clause preempts the state law. This doctrine ensures federal uniformity in key policy areas. Courts interpret and enforce preemption on a case-by-case basis. For an in-depth discussion, see .
Which Supreme Court case established that federal environmental regulations preempt conflicting state rules under concurrent powers?
Gibbons v. Ogden
McCulloch v. Maryland
Marbury v. Madison
Arizona v. United States
Arizona v. United States (2012) dealt with immigration but reaffirmed the doctrine that federal statutes can preempt state law in overlapping areas. While not an environmental case, its holding illustrates preemption principles. Courts often refer to this decision when federal regulations conflict with state rules. For more, see .
Which concurrent power allows both governments to borrow money on the credit of the United States?
Inherent powers
Reserved powers
Enumerated powers
Implied powers
The power to borrow money on the credit of the United States is explicitly listed among the enumerated powers of Congress and is also exercised by states under their constitutions. This demonstrates a concurrence in the ability to incur public debt. It is not merely implied or inherent but explicitly granted. See .
The power to take private property for public use with compensation is held by both federal and state governments under what power?
Taxation
Eminent domain
Judicial review
Police power
Eminent domain allows both the federal government and the states to appropriate private property for public use, provided just compensation is paid. This power is recognized in the Fifth Amendment and state constitutions. Police power is broader and relates to health and safety regulations. For further reading, see .
Under what circumstances can a state not exercise a concurrent power due to federal preemption?
When state constitutional amendments conflict with federal amendments
When federal statutes explicitly preempt state regulation
When Supreme Court issues advisory opinions
When Congress holds hearings
Federal preemption occurs when Congress enacts a law that explicitly states its intent to occupy a regulatory field, barring states from legislating in that area. Courts also recognize implied preemption when state law conflicts with federal objectives. Advisory opinions and hearings do not trigger preemption. For an authoritative overview, see .
Which legislative act demonstrates Congress's ability to share bankruptcy power, a concurrent power, with states?
Bankruptcy Reform Act of 1978
National Bank Act
Federal Reserve Act
Judiciary Act of 1789
The Bankruptcy Reform Act of 1978 codified modern bankruptcy procedures, reflecting Congress's exercise of concurrent power with states under Article I of the Constitution. While states once managed bankruptcy matters, this act established a uniform federal system. Other acts listed do not specifically share bankruptcy authority. More details at .
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Study Outcomes

  1. Understand Concurrent Powers -

    Readers will be able to define concurrent powers and explain how concurrent powers are those shared authorities that allow both federal and state governments to act.

  2. Identify Key Examples of Concurrent Powers -

    Readers will learn examples of concurrent powers such as taxation, law enforcement, and infrastructure development to see federal and state shared powers in action.

  3. Differentiate Exclusive and Shared Powers -

    Readers will distinguish between federal-only authorities and shared powers federal state to clarify the scope of each level of government.

  4. Analyze Governance Through Shared Powers -

    Readers will assess how federal and state shared powers promote cooperation and check-and-balance dynamics within the U.S. system.

  5. Apply Knowledge in a Quiz Format -

    Readers will test their understanding by answering interactive questions on concurrent powers and reinforcing key concepts.

  6. Evaluate Policy Impacts of Concurrent Powers -

    Readers will evaluate how concurrent powers influence policy implementation and the practical implications of overlapping authority.

Cheat Sheet

  1. Defining Concurrent Powers -

    Concurrent powers are those that both the federal and state governments can exercise simultaneously, as established by Article I, Section 8 and the Tenth Amendment (Cornell Law School). Remember "Shared Authority" to recall how federal and state share power on equal footing in key policy areas.

  2. Taxation Authority -

    One of the most cited examples of concurrent powers is taxation: both levels of government levy income, sales, and property taxes (U.S. Government Publishing Office). Use the mnemonic "TAXES" (Two Authorities eXact Everyone's Share) to remember that federal and state governments can both tax the same base.

  3. Borrowing Funds -

    States and the federal government can both borrow money on the credit of the United States (U.S. Constitution, Article I, Section 8). A quick formula to recall this is B=F+S, where B is Borrowing, F is Federal, and S is State - highlighting shared fiscal power.

  4. Establishing Courts -

    Both federal and state systems create and maintain courts to interpret laws and adjudicate disputes (American Bar Association). Think "Judicial Duo" as a catchphrase to link dual court systems operating side by side.

  5. Law Enforcement and Public Safety -

    Concurrent powers include the authority to enforce laws, regulate public order, and carry out investigations (National Conference of State Legislatures). Remember "LEAP" (Law Enforcement Across Powers) to capture this shared role in policing and safety.

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