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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"
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