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concurrent power

Definitions from Case Law · United States Supreme Court

Definitions from Case Law

From 70 U.S. 573 - Van Allen v. The Assessors · 1865Most cited · 320 citing opinions

taxation

The power of taxation under the Constitution as a general rule, and as has been repeatedly recognized in adjudged cases in this court, is a concurrent power. The qualifications of the rule are the exclusion of the States from the taxation of the means and instruments employed in the exercise of the functions of the Federal Government.

How often courts cite the cases defining “concurrent power”

1860190019502000202092

Court decisions citing the 2 opinions that defined “concurrent power” — 455 in all, by decade. Counts are citations to the defining cases as a whole, not verified uses of the term. The dip in the most recent years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the latest years.

All 2 definitions, chronological · 1865–1924

  1. The words 'concurrent power' as used in the second section of the Amendment 'do not mean joint power, or require that legislation thereunder by Congress, to be effective, shall be approved or sanctioned by the several States or any of them'; and the power confided to Congress, while not exclusive, 'is in no wise dependent on or affected by action or inaction on the part of the several States or any of them.