Bar Exam Practice Questions

Concurrent powers, or shared powers, are those that can be exercised simultaneously by both federal and state governments. This characteristic distinguishes them from powers that are exclusive to either level of government. For example, both federal and state governments have the authority to tax, build roads, and enforce laws, demonstrating how these powers overlap and can be utilized concurrently.

The option that states these powers cannot be exercised by both federal and state governments misrepresents the very definition of concurrent powers, as these powers are fundamentally about shared authority. The idea that they are only for local governments is incorrect because concurrent powers apply to both state and federal governments. Lastly, suggesting that they are only applicable to national defense overlooks a significant area of concurrent powers, as defense is typically an exclusive federal function, while concurrent powers include broader responsibilities such as taxation and regulation of commerce. Therefore, the defining characteristic of shared powers is their ability to be exercised by both levels of government.