Why did the founders choose federalism? - Anti-confederal: common problems (trade agreements, war, treaties) - Anti-unitary: Geographic size prevented national control of locals. - "Sectionalism" - San Francisco, highly socially liberal - Milton, FL, much more socially conservative - National policies CANNOT address regional audiences. - BUT national policies still need to exist - Federalism maintains the right power balance - National can't overimpose on states American Federalism - National - Enumerated (expressed) powers - Coin money, declare war, etc - Implied (more vague) powers - "Necessary and proper", "Elastic clause" - lets power of congress stretch based on power balance - Inherent (basic) powers - Treaties, wage war, expand territory - States - Reserved powers - 10th amendment delegates the remaining powers - Congress, Supreme Court have specified this more precisely. - Other powers - Concurrent powers: state and US share - Taxes - Criminal system - Prohibited powers - States cannot form standing army - Federal cannot form interstate tariffs - Supremacy Clause (Article 6) - Feds trump states - Vertical "checks and balances" - "All states are created equal" - "Horizontal Federalism"