Remove the cause of faction
Tyranny (destroy liberty), Make everyone think alike
Limit the effects of faction
Large scope (size of America), Republic Principle (form a republic)
Two weaknesses with the republic principle
1.Factions choose the representatives
2.Human nature (prejudice, corruption, betray interest of people, etc,)
specific, delegated powers
-Article 1, section 8
-Specific list of powers given to the national government
-17 of them. One of them is the: Necessary and Proper Clause
Necessary and proper clause
(Article 1 Section 8) Congress, in addition to its express powers, has the right to make all laws necessary and proper to carry out all the powers the Constitution vests in the national government.
Powers inferred from the express (delegated) powers that allow Congress to carry out its functions.
Not mentioned in constitution. The powers of the national government in foreign affairs that the Supreme Court had declared do not depend on constitutional grants but rather grow out of the very existence of the national government.
Concurrent/ shared powers
Powers that are shared by the national and state governments. Example- taxation
Powers that are reserved for state gov. 10th amendment
Article 6. National government overrides state gov.
Full Faith and Credit Clause
Article 4 section 1, various states must recognize legislative acts, public records, and judicial decisions of the other states within the United States.
Interstate Privileges and immunities clause
Article 4 sec. 2, Out-of -state citizens still have certain basic rights
created by the supremacy clause, granted to the national government, when the natl gov acts within its proper scope, that national laws and premises take precedent over state, created a framework to regulate problems between national and states
Two most general ways to deal with factions
Remove the cause, limit the effects