CreateDebate



Welcome to CreateDebate!

CreateDebate is a social tool that democratizes the decision-making process through online debate. Join Now!
  • Find a debate you care about.
  • Read arguments and vote the best up and the worst down.
  • Earn points and become a thought leader!

To learn more, check out the FAQ or Tour.



Be Yourself

Your profile reflects your reputation, it will build itself as you create new debates, write arguments and form new relationships.

Make it even more personal by adding your own picture and updating your basics.


Twitter
Twitter addict? Follow us and be the first to find out when debates become popular!


pic
Report This User
Permanent Delete

Allies
View All
None

Enemies
View All
None

Hostiles
View All
None

RSS Mightyknight

Reward Points:9
Efficiency: Efficiency is a measure of the effectiveness of your arguments. It is the number of up votes divided by the total number of votes you have (percentage of votes that are positive).

Choose your words carefully so your efficiency score will remain high.
83%
Arguments:5
Debates:0
meter
Efficiency Monitor
Online:


Joined:
5 most recent arguments.
1 point

Without the Bill of Rights, individual liberties would still be protected. In fact, a list actually limits powers. The structure of the Constitution protects individual rights by providing a double barrier of protection. In addition, the people still have power. They are able to vote for representatives in the lower house of Congress. Therefore, their opinions, ideals, and concerns are in reach of the people that make the changes to society. In addition the new national government would be broken down to ensure that it is not too powerful. The government is divided into three branches and the most powerful branch is divided into two branches. These parts are created to work against each other. In addition, each branch of government has an enumerated list of powers that limits their abilities.

1 point

Although it seems that individual rights are not protected, the structure that the Constitution instills creates a double layer of protection of individual rights citizen. James Madison argued how the structure of the government (national government and state government) and the division of branches protect individual rights. An example of this protection comes from the court case of U.S. v. Lopez. Lopez was caught on school grounds with a gun, and due to an act passed to years prior, Lopez was most likely going to face federal charges. The federal congress was trying to use the commerce clause to justify why Lopez should face federal charges. On the other hand, the state of Texas utilized the list of enumerated powers to convey that the federal congress had no power to pass Gun Free School Zones act and that power is reserved to the state (10th amendment). The SCOTUS sided with the state of Texas. Therefore, the Constitution does not fail to protect individual rights; in fact, it creates a double barrier of protection for individual rights.

2 points

I understand your point, but those clauses are only applied when order needs to be instilled. For example, the court case of McCulloch v. Maryland, the Supremacy Clause and the Necessary and Proper Clause were utilized. There was federal bank established and there were branches were across the country. One bank was established in Maryland, and Maryland decided to tax that branch. The Supremacy Clause had to be used to check the state. A state can not tax the federal government. In addition, in order for commerce to flow it is necessary and proper for a federal bank to be established. These are the ways the Supremacy Clause and the Necessary and Proper Clause were intended to be used. In addition, the branches of government do not justify almost anything through those two clauses because of judicial review. Additionally, there was one court case when the federal government was trying to stretch a clause too far. In the cause of United States v. Lopez, the SCOTUS ruled that the Gun-Free School Zone Act of 1999 was unconstitutional and the use of the Commerce Clause was being stretched too far. Therefore, the constitution's checks on the branches of the federal government are not rendered useless; in fact, they are utilized to prohibit the branches from overpowering one another.

6 points

The structure of the federal government argued by James Madison in Federalist 51, allowed the state of Texas to check the federal government. Had this structure not be included in the Constitution, Lopez would have been charged with a federal crime. The structure allowed for a double security for individual rights.

5 points

The Constitution should be ratified. The structure of the government and the limits that are placed on the government will strengthen our country. In Federalist paper 51, Madison states, "...where the constant aim is, to divide and arrange the several offices in such a manner as that each may be a check on the other..." With this being said, Madison is stating the government is structured into branches that check each other. An example of this is the Congress having the power to declare war and the executive having the power to send troops out of the country (Commander-in-Chief). In addition, there are also a list of enumerated powers included in the Constitution to limit the powers of the Large Republic. Federalists included this list to limit the powers of the federal government which controls the federal government as well.

Mightyknight has not yet created any debates.

About Me


I am probably a good person but I haven't taken the time to fill out my profile, so you'll never know!


Want an easy way to create new debates about cool web pages? Click Here