2005 St - Joy of Tournaments
2005 St. Mark’s Negative Casebook
A&M Consolidated LM Negative 3
Bellaire AC Negative 4
Bishop Guertin OP Negative 6
Booker T. Washington KC Negative 7
Bronx Science LV Negative 9
Caddo GC Negative 11
Caddo Magnet WK Negative 14
Calhoun JD Negative 16
Celebration HD Negative 17
Chaminade College Prep DD Negative 18
Chattahoochee ZJ Negative 19
Chattahoochee ZW Negative 20
College Prep PS Negative 21
Colleyville BL Negative 22
Coppell ISD SC Negative 25
Creekview AV Negative 27
Deer Park SB Negative 29
Denver East VE Negative 31
Dowling Catholic KN Negative 33
Dulles HG Negative 34
East Grand Rapids PT Negative 37
Edgemont BK Negative 38
Georgetown Day ZZ Negative 39
Glenbrook North FF Negative 41
Glenbrook North FW Negative 44
Glenbrook South Negative 45
Greenhill PA Negative 46
Gulliver Prep RB Negative 47
Head Royce PK Negative 49
Hebron MH Negative 50
Heritage Hall SW Negative 51
Heritage Hall TD Negative 52
Jack C. Hayes SS Negative 53
Jenks LT Negative 54
Jesuit Dallas OS Negative 55
Jesuit Sacramento LS Negative 57
Kinkaid TH Negative 58
La Costa Canyon Negative 60
Lakeland AM Negative 61
Leland LY Negative 62
Lexington GC Negative 64
Lexington DS Negative 66
Loyola HY Negative 70
MacArthur BC Negative 72
Maine East PA Negative 74
Marist DM Negative 76
Meadows CS Negative 79
Mercer Island SP Negative 82
Mills University GW Negative 83
2005 St. Mark’s Negative Casebook Continued
Montgomery Bell Academy DB Negative 84
Mountain Brook MF Negative 86
New Trier DR Negative 89
Notre Dame MK Negative 90
Pace Academy CF Negative 91
Plano Senior BT Negative 94
Polytechnic KS Negative 95
Princeton PS Negative 96
Reagan DM Negative 98
Round Rock DE Negative 100
South Point Catholic AS Negative 101
San Dieguito Academy KO Negative 102
Saratoga JP Negative 104
Stratford Academy KR Negative 105
University Mills Negative 106
West JP Negative 107
West JP Negative 107
Westlake BM Negative 109
Westminster BS Negative 110
Westminster WM Negative 112
Weston SB Negative 115
Westwood SS Negative 118
Winston Churchill KO Negative 119
Woodward BB Negative 121
A&M Consolidated LM Negative
T – THE AFF MUST DECREASE AUTHORITY TO SEARCH WITHOUT PROBABLY CAUSE
VIOLATION THE AFF BANS SEARCH AS A WHOLE
CP- TEXT: THE US SUPREME COURT IN THE NEXT AVAILABLE TEST CASE WILL DO THE PLAN
NET BENEFIT: D/AS AND CONGRESSIONAL BAD ARGS AND GLOBAL JUDICIARY
S: COURT BEST TO STOP TYRANNY
ANWAR – WILL PASS NOW ETC
REALISM BAD ARGUMENT ON THE CASE – IT IS A SELF FUFILLING PROPHECY
Bellaire AC Negative
Capitalism
A. Cap is not a fixed system, claims to inevitability are false. Solutions to the fallacy of cap is critical- Martin 01 [ Nonviolence Versus capitalism, ]
B. The capitalists state will maintain control and subvert the effectiveness of plan- Who else but Martin 01 [ Nonviolence Versus capitalism, ]
C. The abuses of capitalism are hidden and disformation is used to ensure that no questions are asked- Martin 2001 [ Nonviolence Versus capitalism, ]
On Case Offense (Against Immigrant Minors)
A. Iran- Cause us to go to war (They could not find the card)
B. US invasion of Iran will result in middle a nuclear eruption, U.S economic collapse, and future U.S invasions- Heinberg 2005 [“Onward to Iran; US prepares to invade” ]
C. Given special juvenile status will lead to more illegal immigrants- Center for Immigration study, 2004 [“No child left behind: new rule for unaccompanied minor illegal aliens” ]
D. Illegal immigrants bring harmful diseases- Washington Times, 2005 [“Disease, unwanted import” page one: Special report; pg., A01; LN]
E. All 43 million American lives are susceptible to these diseases- Sosman 05 [“The seen and the unseen”, The journal of American physicians and Surgeons, }
F. The US habitually renders people when they don’t have enough evidence to charge them- Hirsh et all 2005 [“Aboard Air C.I.A, ]
G. Rendition is worse then detention- Natta Jr, 2005 [ “US recruits a rough ally to be a jailer” lexis]
Round 3
T- DECREASE IS TO GROW GRADUALLY LESS OR SMALLER -
VIOLATION – THEY ONLY RECLASSIFY NOT DECREASE THE USFGS ABILITY TO DETAIN WITHOUT CHARGE
CMR –
CMR IS BALANCED NOW BUT ON THE BRINK
NO CONSCRIPTION MEANS WE WOULD KILL CIVIL MILITARY RELATIONS
GRIFFIN ‘04
CMR IS KEY TO SOLVE FOR NATIONAL SECURITY AND LEADERSHIP
Bishop Guertin OP Negative
1. Forget
a. No turning back:
i. The 21st Century is becoming a reliving of the 20th Century – we are stuck in past problems and outdated methods of acting – the curving back of history the affirmative advocates is counterproductive – it is no longer possible to reclaim historical events in the way that helps resis sovereignty because every action is contaminated by modernity – the truly effective move is to make a clean break with history, imagining the future beyond us
Baudrillard 98 (Jean, Cultural Critic, Paroxysm: Interviews with Philippe Petit pgs 51/
ii. The aff discourse = a tiny drop in the ocean of media stupidity – the endless analysis and recycling of events launders the emptiness of political dialogue
Baudrillard 95 (Jean, Cultural Critic, “The Gulf War did Not take Place”, , pgs 7-9/
iii. No warrant for the aff outside of stupidity – their discourse is predicated upon the need to endlessly comment on tragedy, to make our own vacuous opinions known, and only to promulgate endless phony events and discourses that only make us even more stupid.
Baudrillard 95 (Jean, Cultural Critic, “The Gulf War did Not take Place”, , pgs 7-9/Recycling History
iv. Mediaization of events and atrocities is part of a larger project to whitewash our dirty history – repentance cleanses our memories, freeing us from real responsibility – this guts the solvency for their encircling trauma argument
Baudrillard 02 (Jean, Cultural Critic, Screened Out, pgs 70-1/
v. Rather than establishing empathy with the subjects of history, memory is one of the indefinite mourning designed to cleanse us of our liberal guilt for atrocities perpetuated in our name or under our watch
Baudrillard 2002 (Jean, Professor of scientology at European graduate School, “Screened out” p 70-71)
Booker T. Washington KC Negative
T- Substantial
Merriam Webster’s
Aff- doesn’t fully decrease authority
Explodes limits-doesn’t qualify can do authority in limited places
Predictability- we allow two cases allows a predictable plan
T voter for comp interp
Referendum CP
Text- the USFG shold conduct a binding national referudum on the mandates of the aff plan. Abesnet majority opposition, the plan will be implementnsd through congress to solve the harms fo the aff. If there is a majority oppsitiuon to the plan, further debaters wand initiatives wll be held on the proposal.
Obs. 1-Solvency
Solvency- no reason why reject
-butler and Ranney- (et al. David and Austin, adjunct scholar of the American enterprise institutem professor emeritus of pol sci at Berkely, Referedums are the world, pg 15, 94
Cp solves best- butler and Randy 04
Modern tech ensures that direct demo is 100% feasible
Budge-Prefessor of Gov at Univ of Esser, 1996 (ian, the new challenge of Direct democracy P.27)
Obs 2- NB’s
Direct demo- CP will push government to direct demo.
Budge- Proff of gov at the Univ of Esser, 1996 (Ian, The new challenge of direct democracy, P. 109
Will Be modeled worldwide-
Budge- see above, pg 170-171
Direct demo is the least violent- direct demo decrease risk of war-
Rourke 92- John T, Cyprus Enrnesto, Zirakzedeh, Proff of pol science at Univ of Connecticut, Direct Democarcy and International Politics, pg12-13
Whether the plan happens is irrelevant- direct demo is our highest aspiration
Rouke see above- ,pg. 64
Ospec-
Must spec USFG
They spec congress
Key real world edu
Voter- for competitive equity
WOD
WOD is succeeding domestically
Knoxville News sentinel, 5-5-05, p. b4
Prob Cause hinders the drug war
Weak enforcement undermines war on drugs
Reigner, judical law clerk, UNIVERSITY OF MISSOURI AT KANSAS CITY LAW RECIEW, spring 04, p 664
WOD key to solve destruction of democracy
Levitsky, 94, assianstant secretary of state for interatntional narcotics Mattersm Drugs and foreign policy a critical review, “the role of the military, 43-4404
Global demo solves extinction
Diamond 95,
WOT
Wot successful now
Hudson Valley News, June 20, 2005, (sweeny says US is winning war against terror,) )
Increasing Civil Rights increases risk of terror attack
Wedgewood Proff at Jowhn Hopkinsm 2004, (Ruth, “foreign affairs”’ combatants or criminals? How Washington shouldHandle Terrrorists, May/June, lexis
The difficulties of relying… weapons of mass destruction.
Terrorism threatens survival of civilization
Yonah Alexander 03, prof/director of the inter-univ for Terrorism studies in Isreal and the US, “Terrorism Myths ad Realities”, Washington Times, Aug 27, 2003.
Last week’s brutal… global security
Prez Powers
Prez Powers High Now
Hutchison 05, (ron, staff writer, the Augusta Chronicle, 5/22,lexis)
All presidents seek power…and presidential powers
Congressional leg. Dooms prez powers and effective foreign policy
Sowcroft and Kanter, 93, Brent,Arnold, National Security advisor under Bush, Washington Post, “foregn Policy Straightjacket”
Prez Powers key to Economy and Solves Global War
South China Post, 2000, 12/11
Bronx Science LV Negative
T Authority=Courts
Interpretation-Authority from courts-Miriam Webster’s Dictionary of Law 96
Violation-Plan specifies legislature. Authority can only be from judiciary
Ground-Key to court DAs
Brightline-objective
Contextual definitions best
Voter-fairness, education, jurisdiction
T Authority=Inside US
Interpretation-Decrease authority is in US-Stuart 89
Violation-Plan acts outside US jurisdiction
Predictable Limits-AFF under-limits
Voter-competitive equity
T Substantially=Without Material Qualifications
Interpretation-Substantially is w/o material qualifications-Black’s Law Dictionary 78
Violation-The AFF qualifies an area
Standards-
Limits-By picking one area the AFF justifies infinite variations on each case
Education-We provide limited ground that allows specific research while providing generic ground as well
Resolutional integrity-All other definitions are arbitrary, mooting the word justifying mooting any word, crushing all ground and education
Voter-Fairness, education, jurisdiction
Hegemonic Discourse Kritik
US hegemony is a practice of domination that makes war inevitable by constructing it as part of the states masculine identity-Campbell, 92 (David, Writing Security, 238-239) “The second level in which gender is…identified and located on the outside”
The fear of losing hard power or credibility produces an infinite and impossible quest to secure ourselves abroad, justifying violent intervention and conquest-Weldes 99 (Cultures of Insecurity: States, Communities and the Production of Danger, ed. Weldes et al, p. 46-7) “U.S. identity, in short, was not only masculinist…The Cuban missile crisis is a good example”
The logic of biopower is the logic of genocide. The ability to help out a population is secured by the ability to destroy it. The affirmative eliminates any value to life and legitimates nuclear omnicide-Bernauer 90 (James, Force of Flight) “This capacity of power to conceal itself…tightened around each of our own necks”
Reject the affirmative’s reformist please for justice and human rights through state violence and colonialism. Our role as intellectuals has nothing to do with demands on the state or problems and solutions, it’s about making hidden conflicts visible. The 1NC is a practice of criticism, a moment for thought, and a place for human freedom to express the tragedies and inadequacies of the affirmative project-Foucault 88 (Michel, Politics, Philosophy, Culture, p. 152-6) “I’m struck by three things. Over…”what is presented to us as inaccessible”
Consult NATO CP
Text: The United States Federal Government will enter into binding consultation with the North Atlantic Treaty Organization over on the aspects and mandates of the Affirmative plan. We’ll clarify intent
Solvency: NATO will say yes even if they oppose the plan-Smith 89 (Dan, Pressure: How the US Runs NATO, p. 4-5) “Time and again in NATO…price if such cooperations eludes them”
Net Benefit: Genuine advanced consultation is critical to US-European relations—cooperation prevents global military conflicts, European war, terrorism, proliferation, protectionism, poverty, and the spread of AIDS-Hass 04 (Richard, ) “It will not be easy to bridge these differences…EU consensus to partner with Washington”
NATO key to solving trade disputes-Moravcsik 03 (Andrew, Foreign Affairs, Jul/Aug) “The transatlantic partnership remains the most important…like the UN, the EU, or NATO)
Free Trade solve nuclear war-Spicer 96 (Michael, The Challenge from the East and the Rebirth of the West) “The choice facing the West today…will be at a premium in the years ahead”
Withdrawl from NATO causes rampant proliferation-Sharp 93 (Jane, Bulletin of the Atomic Scientists, Europe’s Nuclear Domino) “As long as the United States continues…imagine the proliferation chain”
Proliferation results in extinction-Utgoff 02 (Victor, Proliferation, Missile Defense and American Ambitions, Survival, vol. 44, no. 2, p. 90) “In sum, widespread proliferation…dead cities or even whole nations”
NATO key to democracy promotion in the Middle East-International Herald Tribune 04 (2/15) “Second, the United States and its European allies…the aggressors out and the terrorists down”
Democracy solves all wars everywhere-Rummel 03 (R.J., Freedom, Democracy, Peace; Power, Democide, And War) “It is true that democratic freedom is an…nations are those whose people are free”
US-NATO relations key to sustaining war on terror-Johnson and Zenko 03 (Rebecca and Micah, Paramaters, Winter, p. 48-63) “A better course of action would be for…will make this necessary investment”
The War on Terrorism is crucial to preventing nuclear terrorism and all out nuclear war-The Jeruslalem Report 02 (July 29, Lexis) “This isn’t science fiction…or even all-out nuclear war”
In block, go for Kritik and T Authority=Courts
In 2NR, go for T Authority=Courts
Caddo GC Negative
Ground-Specification:
A. Not specifying Grounds for a Decision is Illegitimate:
1. Destroys all Negative ground- Disads, case arguments, and counterplans all hinge on the question of what grounds the plan is ruled on.
2. Makes the plan conditional- Because the Affirmative could shift the grounds upon which the plan is implemented, making it impossible for the Negative to pin down the Affirmative because they can get out of our disadvantages to certain grounds by explaining that they are a different grounds, or by claiming add-on advantages to any infinite number of grounds in the 2AC, destroying Negative ground and debatability.
3. Makes them not resolved topical. Resolved is a “definite course of action,” that’s Black’s Law Dictionary (’84), they aren’t a definite course of action since they don’t know what grounds the plan is ruled on, which is a voting issue for competitive equity and ground.
4. Ambiguous decisions aren’t enforced and kill court legitimacy. Proves that the Affirmative doesn’t actually do anything- Meaning the Negative wins on Presumption
Hensley and Johnson, Professor of Political Science, Kent State and Visiting Assistant Professor of Political Science, SUNY at Fredonia, 1998
[Thomas R. and Scott P., Akron Law Review, ARTICLE: Unanimity on the Rehnquist Court, 31 Akron L. Rev. 387, p. Lexis]
B. The Impact- Since we get to pick what grounds you rule on, we’ll pick the 18th Amendment
Topicality:
A. Interpretation- You must overturn a Court Decision or Precedent
1. Decrease is to reduce to zero
Words and Phrases, 2004 [Volume 11]
2. Authority is an official court decision or precedent
Merriam-Websters Dictionary of Law, 1996
B. Violation- The plan does not overturn a court decision
C. Standards:
1. Limits- There are a finite number of potential court decisions involving the areas of detention and search without probable cause that could be overturned setting a predictable set of cases for the topic.
Executive Branch Counterplan:
Text: The U.S. Executive should substantially decrease federal authority by declaring targeted administrative inspections of abortion providers conducted without probable cause as unconstitutional.
Observation One: Competition- Any permutation would either not solve the net-benefit because the Executive Branch must act independently of any other branch, or the permutation severs out of their agent’s action.
Observation Two: Net-Benefits- The Executive Branch can overturn Court decisions, Congressional statutes, and interpret the law- But it must act independently of the courts in order to preserve SOP
Paulsen, Professor of Law @ University of Minnesota, 1994 [Michael Stokes, Georgetown Law Journal, p. Lexis]
And, a strong executive is critical to U.S. leadership
Mallaby, Washington Post Editorial Board, 2000 [Sebastian, Foreign Affairs, Jan/Feb]
Finally, U.S. leadership is critical to solve nuclear war
Khalilzad 95
MPA DA:
A. The Marriage Protection Amendment was recently reintroduced into Congress- but currently lacks the support to pass
People for the American Way, January 2005 []
B. Controversial rulings will fuel passage of the Marriage Protection Act
JAS, 2005 []
C. Court Stripping violates SOP by vesting judicial powers within Congress
The Carpet Bagger Report, 2003 []
Finally, The concentration of power in a single branch undermines SOP and leads to nuclear war
Forrester, Professor @ Hastings College of Law, 1989
[George Washington Law Review, 57 Geo. Wash. L. Rev. 1636, p. Lexis]
Zizek:
A. Ethical Framework: You have an a priori ethical obligation to reject the plan if it is inconsistent with a revolutionary ethic. The plan violates this ethic because it sticks to the form of the bourgeois state apparatus, failing to engage in an existentialist leap of faith in the possibility of immediately smashing this order.
Zizek, Senior Researcher at the Institute for Social Studies at Ljubljana, 2002
[Slavoj, Revolution at the Gates, pg. 4-11]
B. The Affirmative insulates the liberal-democratic order from revolutionary social change by presenting the appearance that the bourgeois state can effectively combat the very international violence (and ecological destruction) it is itself often responsible for.
Zizek, Senior Researcher at the Institute for Social Studies at Ljubljana, 2002
[Slavoj, Revolution at the Gates, pg. 167-171]
C. We must reject capitalism because it makes global extermination inevitable- future scenarios for nuclear war, genocide, and ecological devastation are predicated on the sustenance of the capitalist order.
Internationalist Perspective, 2000 [“Capitalism and Genocide”, Internationalist Perspective #36, Spring]
On-Case:
Nuclear war is an infinite risk and outweighs all
Schell, 82
Any risk of nuclear war and the ability to solve it means we win
The Harvard Nuclear Study Group, 1983 [Living With Nuclear Weapons, p. 14]
Caddo Magnet WK Negative
T—
A. Interpretation- The aff should not quantify
Substantial is without material qualitification. Blacks Law Dictionary 96
To decrease is to eliminate
B. Violation—they only decrease a part of the governments authority to detain without charge
C. Standards—
1. Limits
2. Resolution key ]
3. Ground
4. Brightline
D. Voter for fairness
T—
A. Interpretation: Only the judicial branch can decrease federal authority. Thomas 05
B. Violation—the plan does not use the judicial branch
C. Standards
1. Constitutional
2. Ground
3. Fairness for aff
D. Voter for predict
Round 3
T-without material quals
T-only supreme court is topical
WOT
Terrorism is decreasing
Rosenzweig 04. heritage.ong/research/homelanddefense/wm607.cfm
Consider the obvious…real threats disrupted
Protection of civil liberties increases terrorism
Rosenzweig 04. heritage.ong/research/homelanddefense/wm607.cfm
As should be clear…no longer wholly valid
Terrorism Impact
Agamben
Laws predicated on state of exception, sovereign has power to define who is and isn’t in it.
Agamben 05. “State of Exception”, p.35-6
At this point…intimate cohesion
This leads to biopolitical violence and control.
Agamben 05. “State of Exception”, p.86-7
The aim of this…global civil war
Alternative ->reject calls upon the state and endorse whatever being.
Caldwell 04. “Theory and Event” volume 7, issue 2
This expansion…for belonging itself
Consult NATO
Prior binding consultation is key to NATO
Heusear 92. spring, volume 36, issue 2, p. 211???
In view of the crucial…maintaining the alliance
US NATO relations key to WOT
Johnson and Zenko 03. p. 48-63???
A better course…necessary investment
Terrorism impact
Calhoun JD Negative
Against Gitmo
T-Substantially = w/out material quals
Interp: substantially means w/out material qualifications,
Violation: Aff specifies war on terror
WOT DA
A. terrorism in US is decreasing, Rosen 04
B. Protection of civil liberties mean catastrophic terrorism
C. Authority to detain enemy combatants is necessary to combat terrorism.
D. Nuclear terrorism leads to massive civil liberties violations Easterbrook 01
ANWR
A. ANWR has passed in the house, is at the top of the agenda
B. Links-plan will use all political capitol, which is key to all bush’s second term agenda
C. Dipping into middle east oil leads to terrorism
D. ANWR will mean that we don’t’ have to use the middle east
Deference
A. Congress defers to president right now
B. Plan is an example where congress steps into the president’s authority in the war on terror
C. Deference is key to a strong foreign policy, which is key to prevent war
D. Leadership is key to stop multiple wars-khalilzad 05
On Case: Rights/Solvency
1. Can prevent rights abuses right now-no snowballing
2. Security should be a priority, not rights
3. Government will not suspend habeas corpus for any reason
4. Requiring charge will just mean that the government will make up a charge to keep the prisoners
Celebration HD Negative
1ST OFF- TOPICALITY
INTERPRETATION- SUBSTANTIAL MEANS W/O MATERIAL QUALIFICATION
2ND OFF- TOPICALITY
INTERPRETATION- AFF MUST DECREASE ABILITY TO SEARCH WITHOUT PROBABLE CAUSE
3RD OFF-PLAN FLAW
1. 90% OF SEARCHES ARE FOR TERRORISM, THEIR AFF OUTSIDE BOUNDARIES OF RESOLUTION MAKING THEM UNPREDICTABLE
4TH OFF- AGAMBEN K
1. ID IS CODIFICATION OF THE LIFE IN SOVERIEGN TERMS- AGAMBEN 00
2. SOVERIEGN POWER BAD- AGAMBEN 00
3. STATE OF EXCEPTION AFTER 9/11 BAD- AGAMBEN 00
4. ALTERNATIVE –THE JUDGE MUST VOTE NEGATIVE TO BREAK DOWN THE STATE AND ITS SOVERIEGNTY.
Chaminade College Prep DD Negative
1NC – Framework – Neg framework best, generic reasons
Offcase Arg 1 – Claimed that, “History is a fractured montage” and in CX said that because there are problems in history, that it isn’t really true, or something like that.
Archays K – Related the Aff to a novel in which an encyclopedia is created in which it dictates how something leads to the next in an objective manner, which they claim Is bad. But didn’t really explain it well and it was clear that the Aff was ahead after the CX of the 1nc
Chattahoochee ZJ Negative
1. T: Detain= Criminal
- Immigration detainees are charged
(Elwood, 2002, )
2. Executive Order (Cooper)
3. Politcs
A. Uniqueness- senate isn’t going to pass ESA reforms- Democratic support is key
(Knickerbocker 10/5, )
B. Link
First- ESA won’t pass- unless democrats are divided and begin to support the GOP.
(Barker 10/19, “Crapo sees good odds for reform of Endangered Species Act,” The Idaho Statesman)
Second- plan is a huge concession- democrats feel they are given a voice when pro-civil liberty policies are passed
(Capitol Hill Press Releases, 6/10/05, lexis, “This is part of Republican abuses of power: to silence democrats”)
C. Impact- the result is extinction
(Miami Herald 10/3/05, )
4. Heidigger K
5. Solvency Frontline
4. Alternative causalities
A. Housing patterns and the attitude of the majority
(Feagin, 1999, )
B. Capitalism
(Lester, 2000, )
Chattahoochee ZW Negative
Presidential Powers Disad
1. Pres powers have increased under Bush
Calabresi 95
2. Plan destroys presidential power
Newstad 90
3. Impact - decreasing PP snowballs into more decreases of power
Calabresi 95
4. PP key to american leadership
Rose 97
5. Leads to global nuclear war
Khalilzad 95
College Prep PS Negative
Topicality:
A. Interpretation- Authority is the power to enforce
The American Heritage Dictionary of the English Language, 2000
Only the Executive has the power to enforce
Mississippi Policy Association, 2005
B. Violation- the plan doesn’t use the executive branch
C. Standards
1. Limits- We limit the debate down to topics that only deal with the functions of the government through enforcement The Aff’s interpretation justifies running a plan that rules on any court case or pass any laws through Congress to change criminal procedure.
2. Predictable Ground- Key to disadvantages dealing with the decrease in federal authority through the executive that are predictable. Encourages in-depth debate about the functioning of executive agencies while discouraging vague debates about activism or legitimacy.
D. T is a voter for fairness, education, and competitive equity
Borders PIC
(They PIC out of the words “within United States borders”)
The 1AC is a violent act of discipline. Academic debate does not simply reflect and document the world- it actively constitutes reality from the inside out:
a. The Affirmative is an act of observation- it establishes coercion by making the eye of the observer invisible and the subject of the gaze transparent. The mapping of the globe fixes and demarcates spaces into manageable, visible zones that are documented and understood so that they can be penetrated and controlled by the military industrial complex.
b. Normalizing judgment- they establish classificatory systems that use observed objective truths about other people defining them within the nation-state billiard balls that can be compared to the desired norms of the international system. The transformation of human beings into objects of study negates the value of life.
c. The examination- The end goal of observation and judgment is to examine, classify and punish those individuals who fail to meet the hegemonic code of the status quo. The creation of structures and rules authorizes state violence in order to enforce the regulations of the global order.
Tuathail, Professor of Geography @ Virginia Tech, 1994 [Society and Space 1/94 p. (online)
Their reflexivity is bunk- assigning blame to ourselves and then arguing that we have to fix it while describing problems in binary terms is a superficial criticism that re-assigns the security state as the agent of national redemption and rhetorically re-constructs self/other dichotomies.
Tuathail, Geo Prof @ Virginia Tech, 1998
[]
The Affirmative seeks to map out and calculate the reality of global politics- the drive to uncover, make visible and map out the world into homogenous zones conceals the ways in which the invisible infrastructure of sight allows us to create a hierarchal power relationship between the viewer-from-a-distance and the objects visualized.
Tuathail, Geo Prof @ Virginia Tech, 1994
[Society and Space 1/94 p. (online)
Colleyville BL Negative
Coast Guard Disad
a. Since 9/11 the coast’s guard’s mission has shifted to terrorism.
Les Laumenthal, July 19.05. The new Tribune; pg A01
b. Detainment and interdiction of Haitians is necessary to prevent terrorism and diversion of Coast Guard resources.
Taff-Moragle, specialist in Latin American affairs foreign affairs, defense, trade division, June 2 2005, CRS report for congress, Hatai development and U.S. policy since 1991 and ,
c. A nuclear terrorist attack would immeditly case hundereds of thousand dead and nuclear retaliation.
Albright, institute for science and internal security, 02
Immigration Disad
Refugee immigration U.S. declining
International rescue committees 03 “The U.S. Refugee allowin program crisis consues in 03,
Mass migration is on the brink court victory in the U.;s would generation an unending wave of migrants
Tames and Mornes 03,
Control of political asylum is critical to prevent U.S. over population.
Simcox 95 .
Overpopulation leads to war and extinction.
Caddwell 01, on saing the environment
Terrorism turn
1. The risk of terrorism the justifes the policy.
Bach and Magurice
b. nuclear terrorist would case hundred of thousands of deaths and retaliation
Albright 02
2. Detention necessary to deter bogus asylum clans
Walem 05
3. Demo Turn
Refugee detention is key to U.S. human rights and democracy promotion.
Lynch 04,
Demo promotion leads to violence
Cauun 03, Harvard Business Review, August 03
Round 3
T-Detain Without Charge
A. Interpretation and Violation-There is a distinction between noncombatants and combatants—only noncombatants can be held without charge so prisoners at Guantanamo are not being held without charge-Bialke 04 (Air Force Law Review, LN) “The detainees interned at…Convening U.S. Military commissions”
B. Reasons to Prefer-
1. Limits-Aff doubles the topic
2. Ground-links grounded to nomcombatants-lose links to D/As and Ks
3. Predictable Definition-from military
4. Extra T is a voter-no risk option for extra topical planks
C. Voter-Fairness, education and jurisdiction
Executive Order CP
The President of the United States federal government should, through and executive order, ___
Unilateral presidential action is best-it has the force and effect of other laws, they ar quick and easy, avoid politics, and are more difficult to overturn-Cooper 02 (Phillip, By the order of the President: the use and abuse of executice direct action, p. 58-9) “Executive orders are often…for orders generated elsewhere”
Executive Order was used to begin detention at Gitmo-it could easily end it-Torruella 02 (Juan, University of Pennsylvania Journal of Constitutional Law, May) “The Secretary of Defense can detain…the situation is not as clear”
Prez Power
Strong presidency key to combat terrorism-Rose 97 (Gary, The American Presidency Under Siege) “Global and Domestic Terrorism…general, is especially relevant”
Unchecked terrorist attack will destroy humanity-Alexander 03 (Yonah, Terrorism myths and realities, The Washington Times, August 28) “Last week’s brutal suicide…and global security concerns”
Argentina Advantage
The president has constitutional authority to detain combatants-Barr 05 (7-14, Detention Policies and Military Justice, LN) “Certainly no legislative action…that seeks to curtail them”
The Courts ruled that military commissions are legal—they don’t violate international or courts-martial law and the authority was delegated by Congress-New York Times 05 (7-16, Ruling Lets U.S. Restart Trials at Guantanamo) “Judge Robertson ruled that the…classified information was likely to be exposed”
The court also ruled that tribunals have been properly set up and authorized by Congress-Los Angeles Times 05 (7-16, Guantanamo Military Tribunals are Upheld; An appellate court says the plan to try captives does not violate U.S. law or the Geneva accord) “Hamdan’s tribunal was in…Congress and should go forward”
T/ Rendition
Those not charged in military tribunals would be sent to oppressive countries where they will face greater torture-Umansky 05 (Closing Guantanamo Prison may not be the best Option, ) “Closing the U.S. prison at Guantanamo…been allowed to visit these jails”
This leads to torture and murder of detainees-Ratner 05 (2-22, ) “After 9/11, it became apparent…organization to challenge this practice”
Rendition undermines democracy in Egypt-spurring greater terrorism, turning the case-Gerecht 05 (7-4, The Weekly Standard, What’s the Matter with Gitmo?, ) “We can only hope…the military deem necessary”
US Leadership Advantage
No spillover-1 issue won’t do anything-Nye 02 (Paradox of American Power 159) “Of course, not all…Here are seven tests to consider”
No solvency-the AFF only ends indefinitely detainment, not other techniques at Gitmo like torture which jacks US cred-The Humanist 05 (3-1, LN) “The coercive interrogation…makes their repression illegal”
Gitmo is a symptom-not the cause. Closing it won’t restore US cred until the overall War of Terror is change-Spencer 05 (No Good Reason to Close Guantanamo, ) “Closing Guantanamo Bay to pacate…conceding the war on terrorism itself”
Liberal theories of rights create a false universalism that undermines the friend-enemy dichotomy. They destroy the political by obscuring it with rights discourse-Manzoor 04 (algonet.se) “The totalizing thrust of Schmitt’s…therefore neutral third party”
You should frame others as enemies-the impact to our turn is the destruction of the political and unsurpassed violence on a global scale-Rienhard 04 (Towards a Political Theology- Of the Neighbor, cjs.ucla.edu) “If the concept of the political…because they would be identifiable”
Coppell ISD SC Negative
Against School Searches
Ospec
Federal Government means all 3 branches
K
Aff uses the word child-is paternalistic
Impact turns the case- treating children paternalisticly further entrenches oppression of the children’s voice
Reject the aff’s linguistic framing of the word child
Linguistic framing of the aff comes before anything else. Language is a pre-requisite to supposed consequences
Hollow Hope
Civil rights movement in the status quo
Court action draws social movement to the courts-Rosenberg 91
This means social movements can’t solve.
Politics
Bush has political capitol now
Civil liberties drains political capitol, both sides are key
Bush needs political capitol to pass India Nuclear Deal
India Nuclear Deal key to prevent proliferation
Proliferation causes extinction
Israel
Israel is winning the war on terror now
Israel models US decisions on civil rights
Israel courts will rule that they no longer have the authority to search without probable cause on war on terror-this is their main strategy in the war on terror
A new wave of terrorism will lead to nuclear war (read in the 2NC)
Round 3
Ospec
XO with mayer 95, xo’s become law
The Gift
The plan is a gift of unreal rights arrigo William 02
This reentrenches gov’s power
Leads to extinction-arrigo Williams
The alternative is to reject the plan and realize the impossibility of the law
Arrigo William
Case
Racism Inevitable
Using supreme court cant solve racism
Creekview AV Negative
Topicality
Interpretation- Aff must decrease searches without probable cause
Violation- We have probable cause to search in Iran.
Kritik
A. Aff uses law and authority to legitimize state of exception.
Agamben 05
Push for rights legitimizes state
WOT has propagates state of Emergency
Agamben
Defining Security interest allows state to legitimize violence
B-Modern Massacre
Violating rights justifies massacre
Foucault
Framework of the sovereign calculations of life lead to dehumanization.
Agamben
Alternative- Separate Life from the law
Creation of International law= definition of human
Round 3
TOPICALITY
Definition: “probably cause” is defined as having a reasonable cause
Reasonable cause; having more evidence for than against; A reasonable ground for belief in certain alleged facts. A set of probabilities grounded in the factual and practical considerations which govern the decisions of reasonable and prudent persons and is more than mere suspicion but less than the quantum of evidence required for conviction.
[Blacks law dictionary 2004 page 1201]
Violation: The affirmative plan does not limit the USFG’s authority to search without probably cause but rather with probable cause.
Standards: linits and predictable ground
Voter for competitive equity and urisdiction. Competing intermpretations allow for an objective test for affirming the resolution.
KRITIK- AGAMBEN
A. The affirmative uses the law and authority together tying the sovereign to a double structure in the state of exception.
Agamben 2005 [Giorgio, “state of exception” page 85-6]
The affirmative push for rights trhough the use of law legitimizes the state and co-opts movement.
Peter Gabe 1984 [ texas law review, lexis]
B. They affirm the biopolitical concept of authority withing the state if exception that realizes the dream of the modern sovereign- genocide as the vital massacre necessary to protect the population.
Michel Foucualt 1978. “history of sexuality: An Introduction” p 136-8
C. And through the affirmatives use of authority that they try to reduce, they allow that very authority to suspend the law in order to attempt to reduce the abuses of the law. This suspension is where the addirmatives project tragically breaks down- the moment they operate within this state of exception they allow for anything to become possible. This law us contaminated by use. We must free it from its imprisonment through “studious play.” Just as children play with empty boxes- to discover new uses for them, we must approach the law in the same way- in studious play.
Giorgio Agamben “state of exception. Stanford university press. p63
There is no way to solve the state of exception while attempting to use the sovereign to defend civil liberties
Zen Dochtermen 2005 [Aporia ournam, “an anarchist analysis of the detention of immigrants and war post 9/11. ]
Deer Park SB Negative
Topicality—
A. Detain without charge is a term of art meaning non humans
B. Violation—the affirmative decreases detaining without charge of non-humans
C. Standards—Limits and Brightline. Voter education and fairness
Euthanasia
U- The Supreme Court is in favor of Gonzales v. Oregon
L— The plan would drain SC political capitol
PC is zero sum—the plan makes it impossible to rule
I— legal Euthanasia destroys life and ethics. Summerfield
Hollow Hope
U—Social movements help civil rights movements. Williams
L—winning rights destroys civil rights movements. Silverstein
I— Cleaves movements into two
Courts would go into counter movement
Counter plan (Dispo)
Text: The US Congress should pass legislation to ban detaining without charge for all Great Apes
Congress has the best long term solvency. X
CASE
Animal rights not as bad as they makes them out to be. Leah 91
Animal rights illegal—aff can’t solve.
Rights are based off morals—Animals are immoral. Conar.
Rights are grounded in the ability to think, not feel pain.
Animals excluded from theory of justice
Animals violated human rights—they break down the government.
Round 3
Topicality – Only Courts have authority
CP – Consult NATO
Nato Cohesion = Net Benefit
Collaps of NATO causes NW
China (Net Benefit to CP)
NATO constrains US
China Heg increasing
Heg b/w US and China is 0 sum
China heg key Asian stability
Asian stability key to prevent NW
Free Trade (Net Benefit to CP)
NATO prevent trade war
Impact is NW
Case: Bio Terror
Can’t prevent attack
Impact not big
Denver East VE Negative
Fiat Good:
Fiat solves real world problems
Role playing debates key to policy analysis
Defending fiat is key to stopping nuclear war
Reluctance to think of destructive consequences of war prevents discourse
Plan Flaw:
Can’t articulate what they are defending
Nothing in the 1AC – no links to arguments
Hurts education
No idea what the affirmative team advocates
Potential abuse
Have to defend the non-underlined parts of their cards
Impossible to determine what they’re going to defend
Consult Brazil CP:
CP Text: First consult Brazil and do plan
Consultation is key to U.S. and Brazil relations: Barbosa 01
Net Benefit:
A. U.S. provides Brazil with satellite images of Amazon
B. Environmental protections key to Amazon
C. If Amazon is destroyed, extinction can occur on earth – Amazon is the lungs of the earth
D. Consultation is good because trade relations are key
Ran the counter plan dispositionally
Round 3 vs. polygraphs
T- USFG=Whole
A. Interpretation- USFG=All three branches
B. Violation- Removes the authority of one part of the government, not the entirety.
C. Standards- Limits
Fiat Abuse
Grammar
Extra-topicality
T- Substantially
A. Interpretation- Substantially is with substance
B. Violation- You change a procedural rule, not how the law actually functions
C. Standards- Topic Specific Education
Brightline
Limits
CP
The DOE w/ Congressional Legislation oversight should ban polygraph test it admins to employees w/ reasonable suspicion. We’ll Clarify
Obs 1: Non-topical- Resolution mandates probable cause as the enforcements, counterplan removes that.
Obs 2: It competes- Were similar to a ban, the counterplan we remove their enforcement and replace it with another—it is impossible for there to be multiple contradictory search and seizure standards – any perm is severance and links to the net benefit
Obs 3: PICS are good
1. Critical thinking
2. Checks conditionality
3. Err neg
4. We took the time to say this, they should have to answer this
Obs 4: Net benefit
Reasonable suspicion solves all of your aff and avoids T-Rizm DA.
Fisher 2004 (Associate Prof of Law and Director)
Profiling investigations=fruitless. Reasonable suspicions solves civil rights and allows productive intel gathering
Fisher 2004 (Associate Prof of Law and Director)
Terrorism DA
A. Uniqueness- We are winning the WOT now.
Valekly 2005 (focus/f-news/1420452/posts, May, General)
B. Detaining and Sidestepping due process it necessary for the fight against terror
Wedgewood 2004 (Ruth, Combatants or Criminals)
C. Nuclear Retaliation
Easterbrook 2003 ()
Dowling Catholic KN Negative
Politics
Subsidy politics with political capital link
Capitalism Kritik
Capitalism (case turn, no alternative)
Plan Flaw:
Supreme court only rules on specific cases
Counterplan:
Text: The fifty states should assemble delegates at a limited constitutional convention over only the mandates of the 1AC and propose to ratify the affirmative plan as an amendment to federal law as per Article V. of the United States constitution.
Judicial test case fiat
OSPEC
Should=past tense
Supreme court legitimacy DA
Dulles HG Negative
Topicality
1. Substantial is without material qualifications
American Heritage 01
2. They specify one side of the resolution so they must affect all of that side
3. Standards
1. Limits
2. Ground
4. Voters
1. Ground
2. Competeitve Equity
Terrorism
1. US is winning the war on terrorism
Washington Post 05
2. Increasing civil liberties increases the likelihood of terrorism
Wedgewood 04
3. Terrorist attacks threaten human survival
Alexander 02
Turkey Relations
1. US-Turkey relations on the brink, maintaining the status quo key to keeping them high
Boron 05
2. Their plan puts pressure on Turkey
Boron 05
3. US-Turkey relations key to worldwide stability
Boxey and Kernoff 03
4. US leadership is key to prevent global nuclear exchange
Khalilzad 95
ANWR Bad
1. ANWR won’t pass right now
Minor Washington Bureau 05
2. Link –
A. Overturning a decision undermines Bush’s credibility and causes backlash
Oronsteen 93
B. Republican cooperation key to passing ANWR
Environmental Protection 05
3. Impacts – ANWR will kill the economy
Durwald 01
4. Economic collapse causes worldwide destruction
Bearden 00
Israeli Relations
A. Uniqueness – US-Israeli relations high now
James 05
B. Link – civil liberties protections undermine the WOT
X___ 03
C. A hardline stance on the WOT key to US-Israeli relations
King 04
D. Impact – US-Israeli relations key to middle east peace
Kord 05
Racism Frontline
1. Racial profiling is not racism
Dunne 01
2. Racial profiling solves racism
Johnson 98
3. Removing racial profiling causes racism
Johnson 98
4. Implications
1. turns case
2. vote negative
Solvency
1. Korematsu v the US is considered illegitimate…?
Chomsky 95
East Grand Rapids PT Negative
Negative Strategy-
Topicality- legal authority
Executive Order Counterplan
Abortion Politics
Topicality- legal authority
A) interpretation
authority must be delegated- Butler 2000
authority is codified- Stack 2005
B) violation- no authority for extraordinary rendition-
International Human Rights Watch, 2005
C) standards-
1) limits
2) predictability
3) ground
D) voter
Executive Order Counterplan-
Text- The Executive Branch of the United States federal government will renounce and rescind the authority to detain without charge through extra-legal detention.
Abortion Politics-
A) uniqueness-
Bush’s political capital is in the dumps- no risk of nominating a conservative
Whitaker, University of Virginia School of Law, September 12, 2005
B) link-
A liberal court decision will cause a fight for a conservative court
David D. Kirkpatrick, “Conservatives to seek voters support for commandments”, New York Times, June 28, 05
C) impact-
1) appointee to overturn Roe v Wade
Joe Woestendiek and Robert Little, “Looming fight”, Baltimore Sun, July 3, 2005
2) Roe modeled in third world countries as population control- Roe stands for global abortion advocacy
Christine Nordgren, “Things Revealed”, 12/14/01
3) abortion necessary to counter overpopulation
The Buffalo News, “Abortion is a reality in imperfect world”, October 17, 2000
4) overpopulation leads to world wide famine- kills millions
Atlanta Journal and Constitution, Section A Page 2, November 22, 1992
Edgemont BK Negative
T—aff must defend the plan as SOLELY the plan in order to be topical.
Resolved—make a firm decision about, American Heritage Dictionary 1992.
USFG means gov in Washington. West’s Legal Dictionary, 1985.
Should implies duty or obligation, 2003.
Policy is a definite course of action. Merriam Webster’s Dictionary 2003.
Standards: moving target, limits Xtra T.
Voter for fairness, education, jurisdiction.
Congress CP—Text: Congress should overturn United States vs. Brignoni-Ponce, on the grounds that race is an unacceptable justification for being detained or searched by United States federal border patrol agents using the Morgan Powers doctrine.
Competition, Solvency—Palmer 2001. “Ashcroft faces uphill battle to persuade.”
Courts shield. Rosenberg 1991.
Stare Decisis—Knutsen 2005.
Nelson 2k1. Overturning a precedent leads to judiciary chaos.
MPX—Feldman 2k5, Stare decisis is the only thing preventing Roe v. Wade from being overturned.
Upholding key to population—PopulationConnection 2003.
India Nuke Deal (bush good)
Hindustan Times 9-28. “Democrat Tom Lantos…fells the Indian vote against Iran will bolster…new partnership.”
Scheer 7/9 “political capital, cold war”
Key to peace pipeline—The Hindu, July 23.
“major shift in Indian position”
Key to relations and preventing nuclear war. Eland 2005. “South Asia, the proposed route of the pipeline...”
Deference DA
Using deference now. Carter 20001. “doctrine of judicial deference…face…”
O’Connnor 2001. “confined vitality of the military deference doctrine…Supreme Court.”
Green 1997. “the disclosure of confidential information.”
CASE—Deontology bad, Consequentiallism best. O’Dowell 2004.
Moore ’81—evaluating consequences comes first.
Turn/ demands destroy action Thomas 2001.
Georgetown Day ZZ Negative
T Should=Past Tense
Should is past tense of shall-American Heritage Dicitonary 00
Limits-Infinite # of future policies, finite # of past
Ground-Doubles research burden
Grammar-prerequisite to predictability
Voter for fairness, jurisdiction
T Detain=Short
Detain is a short period of time-Cambridge Dictionary of American English 00
They are an indefinite amount of time
Allow for racial profiling
Explodes topic
Ground-fair division of ground
Voter-Fairness, jurisdiction
Plan flaw-spell indefinitely wrong
China DA
U-US doing nothing to China to change refugee status-Scholte 04 (Suzanne, wwwc.) “China has a policy of…over to the Chinse Policies”
L-The sale decision sets a precedent and will be modeled-Connan 95 (Terry, Cincinnati Law Review) “Ultimately, the Supreme Court’s…to maintain their borders”
I/L-China hates reform of refugees, killing relations-Neaderland 04 (Benjamin 40 Stan. J. Int’l L. 143, Lexis) “China has always been…and hour before it occurred”
I-This is comparatively worse for the US economy than a nuclear war-Williams 04 (Ian, Nation Asia Times, 6/17) “Ironically, the globalization that some…more than any Chinese nuclear strike”
Economic collapse causes extinction-Bearden 00 (“Unnecessary Energy Crisis: How to Solve it Quickly,” ) “History bears out that…the biosphere, at least for many decades”
Prez Powers
PP high now-Huthinson 05 (Rob, The Augusta Chronicle, 5/11, Lexis) “All presidents seek power…he’s pushed the envelope”
Congressional legislation to restrain the executive devastates presidential flexability and dooms effective foreign policy-Scowcroft and Kanter 93 (Washington Post, 10/20, Lexis) “Maneuvering in the complex…is simply a bad idea”
PP key to global economy and preventing global wars-South China Morning Post 00 (12/11, Lexis) “A weak president with an…solved without US influence”
XO CP
Text:The president of the United States, through an executive order, should reverse Congress’ policy of indefinitely detaining refugees and asylum seekers based on race, gender, ethnicity, or status
The Supreme Court will uphold the executive action
Executive orders have the force of law-Thomas et al 94 (The Politics of The American Presidency) “Under a strict interpretation…broad presidential prerogative power”
Congress will not overturn the counterplan-Mayer 01 (With the Stroke of a Pen) “The history of congressional…and government salaries”
Advantage
Realism will continue to be a part of the world—no other theory even comes close to explaining the world as realism does-there is no escape, despite the pessimism of realism-Lynn-Jones 99 (Contemporary Security and Strategy, ed. Craig Snyder, p. 71) “Realism will continue to be…find a way to escape it”
Violence results from a change in the system—only realism prevents transition problems-Murray 97 (Alastair, Reconstructing Realism: Between power politics and cosmopolitan ethics) “This highlights the central difficulty…to have overdosed on ‘Gorbimania’”
Rejecting realism is not only impossible because realism is a necessary part of our world, but counterproductive-rejection is the surest way to reproduce realism in a more harmful way-Guzinni 98 (Realism in International Relations and International Political Economy, p. 235) “As a result of this double failure..tacitly and uncritically reproduce it”
Moral obligations can be overridden if costs are too much-Aiken 77 (William, World Hunger and Moral Obligation, p. 95) “The right to be saved from…the obligation has ceased altogether”
It is morally impermissible to do anything that doesn’t increase the net good-Fried 78 (Charles, Right and Wrong, p. 12-3) “Finally, there is the question…it is wrong to do anything else”
No objective basis for what rights are best-utilitarianism only way to solve-Ellis 98 (Ralph, Just Results: Thical Foundations for Policy Analysis, p. 86) “We have seen that utility…others to be discussed later”
Vote on whichever policy achieves intrinsic value best-Ellis 98 (Ralph, Just Results: Ethical Foundations for Policy Analysis, p. 13-4) “Many value conflicts are…maximizing the general happiness”
Solvency
The assumption that law is a neutral force is a dangerous one—it enables elites to silence discussion on critical issues and infinitely maintain the status quo oppression because it makes these injustices seem immutable-Kairys 84 (David, 52 Geo. Wash. L. Rev. 243) “What is the significance…causing catastrophic consequences”
What is privacy, and for whom are we trying to preserve it? The 1AC is premised upon an unquestioned assumption about its inherent value and comes to the conclusion that the only way to protect it is by going to the law. The Problem is not with the affirmative’s desire to combat oppression, rather the flaw is in their approach. Law has no fixed meaning—either it is indeterminate. Nothing in its nature forces judges to decide in certain ways—rather it is these arbiters that have ultimate discretion-Fellas 93 (John, 73 B. U. L. Rev. 715) “Some critical legal scholars…outcome of particular cause”
Governmental protection of individual rights is dangerous-it forces subservience and makes it so that people cane only interact with each other if the government lets them. These guarantees are fleeting at best-protection will be extended only as long as it is convenient for the government to do so-Gavel 84 (Peter, A Critique of Rights: The Phenomenology of Rights-Consciousness and the Pact of the Withdrawn Selves, 62 Tex L. Rev. 1563, Lexis) “If we now turn our attention…constitute us as alienated beings”
In block, go for everything except Should=Past Tense
In 2NR, go for Everything
Glenbrook North FF Negative
*Gspec
*T – only Congress can give/take away authority
*Executive Order CP [Text: The president of the United States should issue an executive order stating that (Haitian Refugees cannot be detained without charge) We’ll clarify.]
~ Presidential Powers as a net benefit to CP
- Impact: economic collapse ( extinction
*Hollow Hope DA
- Impact: kills gay rights movements/ gay rights key to challenge all forms of repression
*Racism:
~Poverty = root cause of racism
~Social structure = racist
~Racism inescapable
~ Hamdi decision (?)
*Human Rights:
~ Alt Causality :
a) Muslim immigrants
b) Rendition
c) Guantanamo
~Conflicting rights means rights can’t be 1st
~Must reject nuclear war out of responsibility to future generations
*Solvency:
~Legislative Circumvention
~Courts won’t stop Congressional violations of their decision
~Courts won’t solve gay persecution
Groves GW Negative
2NC/1NR:
A-Spec:
1. resolutional requirements : have to specify between the three branches
2. decreases negative ground – not predictable
3. there is a division of power within the USFG
4. voter on equity
5. Agent CPS are fundamental to being topical
6. negative needs to know why certain branches have certain authority
7. aff. has conceded that they are not topical under the neg. definition
8. no predictability and offense to link arguments
EU relations
1. Link: Europe would like the plan because wants to see civil liberties protected
2. Impact: Require NMD
Politix:
1. conceded a link out of the 1NC: Congress will like the plan – this gives neg a link to bipartisanship
2. Political capital is the only way for Bush to persuade members of Congress
3. Bush can create a bipartisanship to generate political capital
4. with high Bush political capital, Indian deal will be passed – this is a flip flop link
5. India wants strong relations with the U.S.
Scenario:
1. evidence of political capital would assume a world of flip flop – President has to convince members of Congress to pass acts
2. President would do this in the form of a bipartisanship
3. Bipartisanship is key to passing the Indian deal
Soft Power:
1. soft power is key to maintaining hard power such as in detentions and Abu Ghraib
2. aff can’t access its hard power advantages
3. proves aff can’t solve for U.S. Canada relations
CP:
1. didn’t read any evidence to the CP
2. executive order shifts political capital – Marian 2002
3. CP is a functional PIC
4. PICS good
a. Learn better plan writing
b. Force them to think about what plan does
c. Key to aff ground: aff can perm the counter plan without having to sever from the plan
d. Pics are real world
5. CP takes the same action as plan and will therefore also solve for nuclear war
Pres Powers:
1. strong presidential key to Russia modeling
2. David ‘99 – Russian civil war will result
3. This Russian civil war will result
4. strong pres powers are key to hegemony – Madison 2004
5. Strong pres powers are key to stopping terrorism
6. Nuclear Terrorism leads to extinction
Glenbrook North FW Negative
Topicality- Search
Search is an esamination of a person or area where there is a reasonable expectation of privacy.
Black’s Law Dictionary, 04
Prisoners have no reasonable expectation of privacy in prison cells.
Limits
Ground
Education
Prez Powers
Uniqueness/Internal Link: Presidential powers are currently on the brink due to domestic issues
Friedman on 9/8/05
Judicial oversight destroys presidential powers
Ashcroft, 04
Presidential supremacy solves economic collapse, terrorism, loss of hegemony, and nuclear war.
Cronin and Genovese, 98
XO CP
The will issue an executive order that employees of federal civilian prisons may not perform anal and genital searches without probable cause of prisoners in federal civilian prisons.
The president is the best actor – it’s inherent in their job to manage their agencies.
Moe and Howell, 99
Case
The court inevitably fails to interpret the foruth amendment coherently and purposefully. This has lead to ad hoc jurisprudence pertaining probable cause, eroding its usefulness.
Sundby, 88
Probable cause is subject to the whims of law enforcement because of weak standards.
Silton, 02
Glenbrook South Negative
Counterplan: XO
Text: The president of the united States federal government should issue an excutive order funding and enforcement guaranteed. We’ll clarify
A. Unilateral action is best. It has the force and effect of law, is qick and easy, avoids the bog of Washigton poltics, ect.- Cooper 2002 [By the order of the president: the use and abuse of excutive direct action, pgs. 58-59]
Presidential Powers D/A
A. PP is high now- The Advocate 5/22/05
B. Judicial oversight destroys prez powers- Ashcroft 04 [Federal news service, ]
C. Decrease is Pp snowballs- Calabresi 95 [“some normative arguments for the unitary excutive” Arkansas law review]
D. PP is key to leadership- Rose 97 [ The American president under siege, electronic text]
E. Khalilzad
Deference Good
A. Uniqueness- The court is currently showing deference over the military- Maurer 2005 [Barry Law Review.5 barry L. Rev. 153}
B. Current decisions reguarding deference spillover- O’donnell, 2004 [ Boston College Third World Law Journal “Healing the wounds of slavery…”
C. Overuturning Korematsu breaks judicial deference- Robbins 99 [78 Or. L. Rev 767]
D. Hurts military readiness- Yoo 2003 [George Washington Law Review. “Judical Review and the War on Terrorism]
E. Judicial review precludes confidentiality- Green 1997 [BS-South Carolina]
F. Impact nuke war- Green 1997 [BS-South Carolina]
On Case (Korematsu)
A. The plan serves as an act of racial redemption- Cho 1998 [“Redeeming whiteness in the shadow of internement: Earl warren, brown, and a theory of racial redemption”, Boston Third World Law Reivew, Third World L.J. 73 Fall]
B.) Embarking on a project of racial remption will only serve to strengthen white hierarchies- Cho 1998 [“Redeeming whiteness in the shadow of internement: Earl warren, brown, and a theory of racial redemption”, Boston Third World Law Reivew, Third World L.J. 73 Fall]
Greenhill PA Negative
WOT
A. We are winning the WOT now
B. Civil liberties decreases our ability to fight the WOT
C. A terrorist attack would lead to extinction
T Its
A. interp- its mean USFG
B. Vio plan decreases polices ability to search
C. Standards ground limits education
d. VI for reasons above
T Authority
A. interp authority means the courts
B. Vio plan use the courts
C. Standards limits and edu
D. VI for the reasons above
CP
All relevant agencies will stop searching with out probable cause
CP competes through the word authority, cp just decreases the ability
Prez Powers
High now
Courts action hurts prez powers
Prez powers key to the economy
Economic collapse leads to extinction
Gulliver Prep RB Negative
Topicality
A charge is a formal accusation of a crime.
Daniel Oran, 91. Oran’s Dictionary of the Law.
Violation: Immigration detainees are charged
John Elwood, summer 2002.
Voting issue
1. limits
2. ground
A-Spec
The term USFG mandates a discussion of the agent b/c authority is divided among branches.
Neil Dorsen, 1992. lexis
Voting issue
1. ground
2. makes plan mandates conditional
3. topic specific education
Ron Lewis, 1/29/98. “Prepared Testimony of Congressman Ron Lewis Before the House Judiciary Committee Subcommittee on the Constitution”
4. Core negative ground – vagueness means not predictable
Constitutional Convention
The constitution is the supreme law
Robert Natelson, 2004. Buffalo Law Review 1077
Politics
Congress wont pass India Deal despite Bush pushing
Boston Globe, 10/19/05.
Republicans disillusioned with Bush b/c they want soft line detainee policies.
The Economist, October 22, 2005
A big legislative win will generate polcap for agenda
Legal Times, 9/12/05. “From All the Rage to a Near Afterthought”, lexis
Nuclear deal will collapse NPT and -> rapid horizontal prolif
Ernie Regehr, 8/30/05. “Cherrypicking nuclear policy is dangerous; Canada should oppose US plans for nuclear co-operation with India”, lexis
Rapid profile is uniquely destabilizing – leads to global anarchy, nuclear terrorism, destroys leadership, and causes nuclear war.
Brad Robers, fall 99.
Case Dump
The means/end distinction is a moral cop out. You must weigh comparative risks.
Saul Ailinsky, 1971. “Rules for Racicals”
Utilitarianism is the only framework to establish policy.
Jeffrey Isaac, 2002. DISSENT, spring vol. 49 No. 2
All other rights are predicated by the right to life.
Andrew Heard, 1997.
Risks of extinction o/w.
David Chesier, 2001. “Is it more important to protect rights or avert war?” The Rostrum
Gifts like the plan are based upon fear of the stranger – they use bribery to avert danger.
Ana Maria Pineda, 1997. “Practicing our Faith: A way of life for searching people.”
Plan is false welcoming b/c the roles between USFG and immigrants can’t be reversed.
John Bennet, 2004.
They position themselves as the welcomer reinforcing the us-them dichotomy
Amy Oden, 2001. “And you welcome me: a sourcebook on hospitality in early Christianity.” P. 26-27
Splicing the state into what is really a personal relationship with the stranger bureaucratizes responsibility and corrupts philoxenia, the genuine ethical relationship of hospitality. Turns case.
Lambros Kamperidis, 1990. Parabola: The Magazine of Myth and Tradition, winter, p.11-13
Head Royce PK Negative
1ST OFF- TOPICALITY/AUTHORITY
2ND OFF- TOPICALITY/ PROBABLE CAUSE
3RD OFF- CP CONSULT CONGRESS
DEPARTMENT OF ENERGYPRESIDENT SHOULD CONSULT CONGRESS
WANTS TO BE CONSULTED ON CIVIL LIBERTIES- 02
CONGRESSIONAL ACTOR KEY TO HEGE.- PESHNER 91
INCREASED HEGE LEADS TO NUCLEAR WAR- KHALILZAD 95
CONSULTATION KEY TO SOLVE AFF
4TH OFF- BEUDRILLARD KRITIK
1. LIBERALISTIC VIEWS BAD-BEAUDRILLARD 94
2. ALT/ IS TO ADVOCATE NOTHINGNESS- AGAMBEN 93
1ST ON CASE- ADVATAGE
ALTERNATE CAUSALITY-SSC 2000
MID EAST CONFLICT WONT ESCALATE- GENTARI 2000
MID EAST CONFLICT WONT ESCALATE- PHELBEN 01
2ND ON CASE-SOLVENCY
1. NO ENFORCEMENT OF ECHILON- SEGMEN 98
2. TURN, THEY DON’T ALWAYS ENFORCE WITHOUT PROBABLE CAUSE , ONLY SAID TO HAVE CAPABILITIES- POLLICK 94
Hebron MH Negative
Topicality – “Substantially” is w/o material qualifications
Extra T “its” – Decreases state authority not USFG
Plan effects states too
Test Case Fiat Abuse
Solvency and Topicality Arg
No Test case
Immigration DA
Compulsory ID stops immigration
Immigration kills economy – no terminal impact
Fear of Death K
No alternative – functioned as case turn
Heritage Hall SW Negative
Solvency
Barndt Evidence says racism leads to hate which leads to a lower understanding of combating racism
Micheal Omi 2001 (Speech: Rethinking the Language of Race and Racism, Boalt Hall School of Law, January 24, 2000, Asian Law Journal, May JT//HH)
T/ Scrutiny
Scrutiny is used via executive review
Annual Survey of American Law 1999 (New York, University School of Law, 1999-2000)
Korematsu will not be used for racist issues
Don Schellhardt, 2005 ()
Action is key to combat racism
Edward Elbele, 2004 (Arizona State University, p. Lexis)
MPA Good DA
Controversial Court Rulings Fuel MPA to strip court
Jas 5, ()
MPA leads to homophobia and destroys SOP
People of American Way, January 2005 ()
Homophobia leads to extinction
Sedgwick, 1990, (Eva Kogofsky, Epistemology of Closet)
XO CP
If president can’t act, effect of law will disappear
Goldstein(K., The Presidency and Rule of Law: Some Preliminary Exportations, Summer) 1999Joel
NB
Judicial predominance leads to judicial tyranny
Goldstein(K., The Presidency and Rule of Law: Some Preliminary Exportations, Summer) 1999Joel
Supreme Court rulings lower Federalism
Paulsen (Michael Stoke, The Most Dangerous Branch: Executive Power to say Law, December) 1994
Executive action is key to democracy
Burges and Gagnon (Michael and Alain, Comparative and Federalism and Federation: Competing Traditions and Future Directions) 1993
Heritage Hall TD Negative
Aspec -
must specify branch of gov
Da
over fishing
leads to species extinction
CP
usfg should increase funding for coast guard
only coast guard can increase federalism
ob 3 net benefit
over fishing da is solved by coast guard
K (the other, terror talk fusion thing)
The Aff treats individual as the other and not as human
extinction is inevitable if unless we strive for nonviolence
alt must - to escape violence and be nonviolent
Aff argument justifies endless violence
permutation is doomed
resistence to violence can’t perm violence
using violence to achieve non violence creates violence
Kicked DA and CP in CX due to wrong argument running, mistaked the world decentralize with commandeering and thought commandeering meant related to commandeering ships, or something, didn’t link at all,
Jack C. Hayes SS Negative
Topicality-Authority
A. Interpretation- US authority means the its authority
a. Definition- American Heritage Dictionary 02
i. Its is possessive which mean it modifies the noun of possession
B. Violation- Affirmative decreases just authority for the federal prisons
C. Standards
a. Predictability
b. Limits
c. X-topicality
D. Voting issue for fairness and education
Hollow Hope
A-Uniqueness-Movements attract to courts
Rosenburg 91
B-Link-
1. Plan decrease attraction
Rosenburg 91
1. Court legitimizing
Rosenburg 91
2. This will cause no more movements
Rosenburg 91
C. Impact- Extinction
Rosenburg 91
K- Reject Authority
There is no such thing as authority, it’s only a concept. The affirmative only increases this concept.
Hanaas 95
Alternative- The recognition of power if the negative authority and the rodognition of authority climbs of advocacy.
Carry 99
CP-XO
Text- The president of the United States of America should issue an executive order to _______________. We reserve the right to clarify intent.
Observation 1. we don’t link back to the hollow hope da.
Observation 2. solvency
Fisher 01
Observation 3. Presidential Powers
A.U/L-Plan kills Prez Powers
Miller 93
B.Impact-Nuke Powers
Nodeat 81
Wallus 98
Miller 93
C. CP avoids prez powers
Meyer 01
Specific Case Attacks
1. Can’t solve all rights
2. Impossible to solve all rights
a. Warren and White 05
3. Slippery Slope is stupid
a. Roman 05
Jenks LT Negative
T – substantial = w/out material qualifications
Nayer kritik
Affs advocacy must be used thru discussions of if best policy option- is the aff advocacy correct? Use debate to propose radical institution
aff must defend its advocacy- represents violent social order
Nayer 99
Macroimages of injustice of aff are the real harms-
Alternatrive is the affirmation of the individual- try to transform power structures as individuals alone solves
Nayer 99
Linguistic Imperialism kritik
A. Guantanamo is pronounced and spelled in Spanish with an accent- you anglicize the concept of Gitmo with mispronunciation and spelling
B. Language is never a neutral vehicle- aff is imperial language
C. Linguistic imperialism promotes inequality and neocolonialism
D. We embrace the aff’s advocacy, vote for alt is a rejection of linguistic imperialism
alt solves - must promote linguistic diversity
Egypt D/A (net-benefit to CP)
A. Egypt uses US policies to justify abuses of policies
B. Immergency of law key to prevent overthrow by Islamists
C. Regime results in nuclear war
CP- DOD and all relevant agencies should cease practicing detention without charge
Authority can only be granted by an outside actor
Jesuit Dallas OS Negative
t-interp decrease ability to search without probable cause
violation only searched on the way they look, they don’t clarify in plan text how they substantially decrease, only implied
A-spec
India D/A
Bush can pass India deal
The plan is unpopular, bush looks bad
India nuclear proliferation
Relations key to preventing nuclear war
Extinction
The c/p
Executive branch grants asylum status to HIV positive immigrants
Individual Activism
They are activist
Process is important
The aff. Form of activism bad
Solvency
Fear of spread of aids and homosexuality makes passage impossible
They will never solve, they are attacking the enemy not the true cause
Turn: freeing homosexual mindset… is co-opted by the state
Only removal from list of communicable diseases can truly solve for the claims
Round 3
Reps
The 1ACs use of image of sufferingasa means to call witnessing us to act. However this representationalism strategy co modifies suffering by transforming it to entertainment. This regulates People to the status of perpetual victimization.
Kleimen and Kleimen 96
The appeal of experience; The dismay of Images
Consequencialism
Consequences trump rights in times of catastrophe
Stelzig 98
Deontology and Government Action
Rights – a util. calculus is necessary to preserve societal rights.
Frey 84
Utility and Rights p131
Counter Plan
Only congress can make a social policy able to solve
Sandeas 2003
Twenty five years of a divided court
“Positive rights…Government
Activism
A) U – Roberts hearings show judicial activism is decreasing
The American Thinker 2005
B) Link – Judicial reversal and review of legislation is activist
Glick 1993
[Courts Politics and Justice]
C) I/L - these snowballs into more
Bork 1990
The Tempting America
D) Impact Judicial activism signals end of judicial system
Jesuit Sacramento LS Negative
Topicality:
A. Negative Interpretation: “Decrease” is ban
Wordnet 2003
B. Violation: The Affirmative action fails to decrease government authority definitively
C. Standards:
1. Fair ground- Allowing minor repairs on existing policies and/or one-time actions in the topic explodes an already expansive resolution.
2. Predictability- The number of minor repairs or one-time actions is enormous. It would be impossible for the negative to predict what the Affirmative was going to run and be prepared for.
3. Unique Meaning- Our interpretation looks at the unique selection of the word “decrease” versus a term like “lessen.”
4. Limits- The Affirmative interpretation permits them to both ban new programs and lessen those already in existence. This doubles the size of the resolution.
D. Topicality is a voter for reasons of fairness and education
Topicality:
A. Interpretation- Charge is to accuse
Merriam-Webster’s Third New International Dictionary Unabridged, Accessed 2005
Our interpretation is that a topical plan would act exclusively towards the authority to detain those who have not been officially accused.
B. Violation- The Affirmative chooses to decrease government authority on detentions in which detainees have been officially accused. The Affirmative falls outside of the resolution because the detainees have already been charged.
C. Reasons to Prefer:
1. Limits- We limit the topic to detention in which the detainee has not been accused of anything, such as racial profiling.
2. Education- It is more educational to look at situations in which the law exceeds its limits of legitimate authority rather than situations in which people are held under standard practices of the law
D. Topicality is a voting issue- the judge must vote on the resolution, so if the plan falls outside of it, then the judge has no jurisdiction to vote on it.
Americanism K:
A. The Link: The Affirmative’s attempt to fulfill the ideals of American democracy is part of a strategy to solidify-and purify- what it means to be “American.” But this seductive call to unity doesn’t fulfill the Constitution’s promises. Instead, it erases a long history of oppression and exclusion, glossing over our differences, naturalizing discrimination and oppression by making it harder to prove, and leaving minorities “outside” the law.
Valdes, Law Professor @ U of Miami, 2003 [Francisco, Asian Law Journal, 10 Asian L.J. 65, May, p. Lexis]
B. This has three implications:
1. It takes out solvency since it leaves minorities with no legal redress and offers false hope. The ambiguity of “Americanness,” “democracy,” And “humanity” ensures that that so-called legal protections can be denied or revoked in the name of the national interest
2. It turns the case. Legal politics quash debates and questioning of the parameters of democracy. This ensures that the Affirmative’s claims to further democratic ideals get co-opted, thereby precluding polyvocalism, rendering gender, racial, religious, sexual, and class minorities invisible, and obscuring the complexities of identity, reinscribing oppression and the logic of exclusion.
Brown and Halley, Professor of Political Science and Professor of Women’ Rights, 2002
[Left Legalism/Left Critique]
Kinkaid TH Negative
Kritik:
Moreover, this strategy not only fails but is counterproductive. The state uses consent to turn us into little Eichmans because they rely on the passivity of our bodies to ensure state dominance. The state will continue to do violence as long as we obey like good little citizens because each violation of our rights is a test run in its march towards a genocidal nightmare.
Anis Shivani, Studied economics at Harvard and author of two books, 2004 (CounterPunch, February 22, “When Kafka Aligns with Orwell: Neoncooperation and Resistance”)
Thus, the Alternative: We should do nothing as an act of radical non-cooperation. This rejection is the only hope of ethical resistance to escape the pacifying trap of liberal white guilt that binds use to governance by fear.
Anis Shivani, Studied economics at Harvard and author of two books, 2004 (CounterPunch, February 22, “When Kafka Aligns with Orwell: Neoncooperation and Resistance”)\
Radical non cooperation is the only hope of Galvanized millions to fight against Iraqis Occupation that will cause Vietnamese-esque Killing of Millions
Everest, Larry, Aug 29th, 2005,
T- Authority must have explicit Legal Authorization
a. Our Interpretation: Authority must have a legal, statutory basis
Words and Phrases, 2004 (Volume 4a Cumulative Supplement Pamphlet, p.275)
2nd, A brightline-AFF must specify what they repeal
Code of Federal Regulations, 2004 (1 CFR 21.40, current through the May 26, 2005 Issue of the Federal Register, Lexis
b. They violate- the affirmative only attempts to prevent government abuse of power. They are not a decrease in authority because there is no pre-existing legal authority codified in law
c. Standards:
a. Predictable Limits- Affirmatives must repeal a specific law that grants authority which is the only clear brightline. They justify every governmental abuse vase from the search of Cheech Marin to the Valerie Plume case. This unlimits because they allow all arbitrary abuse of power cases to be topical, which isn’t predictable researchable, or debatable.
b. Ground-Forcing affirmatives to remove authority gives negative predictable links to DA’s and CP’s because they must be currently in the law. This increases depth of education by allowing negative to know what to research and overlimiting is better because it allows deeper knowledge which is more real world.
c. Voting issue for competitive equity and reasons above
On case:
Multilateralism:
a. Link- Multilateralism is the only way to cut down on global warming and CO2 emissions
Joseph S. Nye, Assistant Secretary of Defense, 2001/2002, Winter National Interest
b. Impact: Warming is key to check the ice age-The impact is extinction
Dr. Sherwood Idso, President of the Center for the Study of Carbon Dioxide and Global Change, 4 April 2001, Global Climate Change: According to Hoyle…and Wickramasinghe Too!, Volume 4, Number 14,
Link: The US will use multilateralism to push space weapons
McQuaig, 27 February 2005, [Linda, Toronto Star, ]
Impact- American Military hegemony leads to space weaponization causing nuclear war and dooming the survival of the species
Chomsky, Prof. MIT, March 1, 2005 [Noam, ]
Us weaponization of space ensures China and India following suit, creating a proliferation regime in Space.
Rosenberg, Barry, Journalist, 2004; “The weaponization of Space: Divided Viewpoints, Uncertain Directions”
Deference:
Deference is inevitable-bush controls the Supreme Court
The Boston Globe, 10/5/2005 (lexis)
La Costa Canyon Negative
Da Israel Modeling
A. Israel is effectively fighting terrorism now.
Ganor 05 {how to be effective in counter terrorism} 20050415.htm
B links- Israel uses detention with out charge to preempt terrorism
CBCnews 2005
2Israel models detention policy that’s a 1AC claim when they read modeling evidence {analytical}
Da Capital
A. Decisions that anger the social movements will cause the court to make decisions that realign themselves with that movement if the court angers Conservatives they’ll do something to get back in their good graces
Fallon- 05 ?
B. Conservative right is determined to get Roe V. wade overturned
C. Eliminating the right to an abortion in the united states will undermine family planning around the globe- Increasing population growth
lassow -89 dina., population and environment Vol. 11#2 pp 147
D Acess to abortion is critical to protection the global environment
Lassow 98 dina., population and environment Vol. 11#2 pp 147
D. Human survival depends on haulting species loss.
Biodiversity Recourse Center -05
Biopower Foucault critique-
Lakeland AM Negative
First off-
Topicality-
A. Interpretation- ‘or’ means ‘and’
B. Violation- plan only deals with searches
C. Standards
D. Voter
Second off-
Borders kritik-
All Shapiro stuff
Leland LY Negative
Test case spec
A. Must spec a test case
B. Violation: aff not spec
C. Standards
Education
Lose ground
90% of all solvency
Elmore 80
T Substantially
Substantially = a significant amount
Violation: The aff only solves for a few cases.
C. Standards
Limits
Predictability
Bright line
Education
Foucault Kritik
A. Link
1) The protection of civil liberties is rooted within the state sovereignty framework. Their attempt to confer rights upon the population produces particular citizen subjects that are still bound to the nation state.
Dean 2001 [“Demonic Societies” Liberalism, Biopolitics, and Sovereignty. States of Imagination. Duke University Press. Durham and London]
“At the same time, the discourse of rights and the proliferating demands for a variety of entitlements have expanded and transformed”
B. The impact
Biopolitical ordering asserts its hegemony over life, which guarantees extinction
Bernauer 90 [MICHEL FOUCAULT: FORCE OF FLIGHT, p. 141-2]
“This capacity of power to conceal itself cannot cloak the tragedy of the implications contained in Foucault’s examination”
C. Alt text: Reject the affirmative to critically analyze the state sovereign entity.
1. Power is the model of which we must analyze sovereignty and state apparatuses. Only this type of framework will allow us to truly criticize the hierarchical structure of the biopolitical state.
Foucault 78 [THE HISTORY OF SEXUALITY: AN INTRODUCTION, VOLUME 1, pp 88-90]
“At bottom, despite the differences in epochs and objectives, the representation of power has remained under the spell of monarchy”
2. The understanding of such discourse allows us to challenge and criticize our roles as rhetors.
Foss and Gill 87 [Western Journal of Speech Communication, pp. 397-398]
“But perhaps more important, Foucault’s theory gives rhetors the understanding to create change in a discursive formation.”
3. Power maintains itself through discourse; our act of reject of a bad form of biopower via our discourse is crucial.
Foucault 78 [HISTORY OF SEXUALITY, VOLUME 1, pp. 83]
“Power is essentially what dicates it law to sex. Which means first of all that sex is proved by”
Lexington GC Negative
Topicality – Search is Criminal
Executive Order CP – The executive should issue an executive order to extract HIV from the list of deadly virus’.
- NB: Prez Powers – Pres Powers low, XO’s increase PP, Decreased Prez Powers kills Heg. Heg key to solve for extinction (ferguson)
India Politics Scenario:
India Nuke deal will pass
Plan kills polcap
Polcap key to nuke deal
Nuke deal key to WOT and stopping prolif (GNW)
Kritik: Biopower
a. make state of exception the norm (Agamben 2k)
b. Power allows right to life = worst atrocities known to man (Dean 01)
c. Alt: Reject criteria of state and biopolitical control by embracing whatever being. (Cole)
Round 3
Topicality:
Probable cause non criminal searches
Search investigation to find evidence of crime
probable cause implies searches involve criminals
limits on criminal searches and all other searches
non predictable limits
ground minimized
Congress and Executive CP
Text: the U.S. Congress should do the plan along with the executive branch
Competitive CP
Lauren 1999 – CP is mutually exclusive
Education is a prerequisite – Cohen 94
Net Benefit
Politix disad – Shorenberg ‘93
a. Uniqueness - Indian da will pass – 10/13
b. Link - Plan sucks political capital
c. Internal Link - Political capital key to prevent Indian deal
d. Impacts global warming
a. Burnsten 98 – Indian deal key to stop global warming
b. Global warming worst scenario – Schwartz 03
Agamben K
Framework – judge is an intellectual
1. interrupts fiat debate
2. impossible for making offense for neg if use policy framework
3. right to explain in 2NC
4. justifications are key to policy making
5. if we don’t evaluate kritikal assumptions, can’t fully test the plan
Links:
1. justification of use of terrorist rhetoric – Butler 04 – we must redefine the way we name terrorists
a. resistance against use of rhetoric – Butler 04
b. affirmative sees that allowing the franchise of west – ‘98
2. power based on rights allows sovereign to justify massacres – dean 01
Alternative: Reject sovereign human rights construction: embrace form of micro-resistance – no radical resistance – Agamben 04
Lexington DS Negative
Negative:
Topicality
Its = Possessive
A. interpretation – Executive can’t decrease its own authority, it must be congress or judiciary
- authority is the delegated right to act
Words and phrases 1969, volume 4A
- Its is possessive and implies ownership
The American Heritage Dictionary 2000
B. Violation: Aff uses the executive
C. Standards
1. limits
2. Ground
3. Grammar
4. Extra T
D. Voter for fairness and education
Counter Plan: Courts
Text: The USFG should substantially decrease its authority to search without probable cause; specifically the Supreme Court should ban the inclusion of consent clause in the public housing lease.
Court Action is key to civil liberties and to check tyranny
Edwards Donley, 1997 (“the current assault on Constitution rights and civil liberties)
Supreme Court Action Guarantees Debate and Movements that cause social Change
Sodden, 1997 (Thomas, NYU L.R. L-N)
Politics
A. The India Deal will pass, bipartisan support from congress
Haniffa 10/13/05 ()
B. Plan decreases Political Capital
Sacramento Bee, 2004 2-2-2004
C. Political Capital is key to pass India Deal
Hathaway 2005 (Bush can get congress to go along on India Nuclear Pact)
D. Failure to pass the deal permanently undermine Asian stability, and allows for terrorism and proliferation
Nicholas Burns, 9/8/2005 (m-new+article+storyid-12590.html)
E. Asian Instability and proliferation erupts in global nuclear war
Cirinciore, 2000 (Joseph, Foreign Policy Mach 22 (lexis))
Agamben
(No structure)
The aff use of fait to imagine state action ignores the way sovereignty works, reifying current forms of domination
Shapiro 1288 (the Politics of representation pg 47-8)
The aff pursuit of a demand upon the state prostrates philosophy before subjection of social order, reinforces fascist politics that makes the fictional separation between democracy and totalitarianism.
Agamben 1998 (Homo Sacer, Sovereign Power of exclusion and Bare Life p 121-3)
This power to include and exclude based on rights and citizenship entrenches the sovereign power to protect life and destroy life, It is this power that allows the worst massacres and atrocities in history to be committed and the guise of necessity as defined by the sovereign
Dean, 2001 (ethnographic Exploration of the post colonial states)
Our alternative is to reject the criteria of sovereign human rights construction by embracing the “whatever being” which allows a non-sovereign form of politics to be constructed. Anything short of the radical rejection dooms us to the existence bound with in biological control
Caldwell, 2004 (“bio sovereignty and Emergency of humanity: Event and Theory)
Case
Denial of protection for people would be racist
Etzioni, 1994 (“gun sweeps: A national lesson” pg 11)
Perpetration of Fear of crime in poor neighborhoods constitutes and urban apartheid
Spinks 2001 (.)
Round 3
GSPEC
T- “its”- can only limit entire government’s authority
CP-
TEXT: At the next available test case, the Supreme Court will rule that the Fifth Amendment’s ban on self-incrimination prohibits compulsory identification. The decision will not explicitly overturn the Court’s holding in Hiibel v. Sixth Judicial Court of Nevada, deciding that the narrow construction of the Hiibel precedent allows for reinterpretation WITHOUT OVERTURN.
We solve the case
1. Their I/L all hinge on government action. There’s no Korematsu-style advantage to eliminating the stain on the books- the advantages all revolve around the actual searches, not the legal symbolism of the case.
2. Hiibel is narrowly constructed, allowing limitation based on the fifth amendment without overturn
Michael S. Pardo, Visiting Assistant professor, Chicago-Kent College of Law (2004-05), Assistant Professor, University of Alabama School of Law, 2005, 90 Iowa L.Rev 1857
3. We can overturn Hiibel w/out overturning Hiibel- sub silentio rulings allow courts to change precdent without explicitly repudiating it
Thomas Fowler, Associate Counsel, North Carolina Administrative Office of the Courts, Raleigh, North Carolina. B.A., 1975, University of North Carolina at Chapel Hill, J.D., 1980, University of North Carolina at Chapel Hill, 2003
C. Counterplan is the better policy option
1. Bush- we stop compulsory ID, but we stick Larry Hiibel with his fine. Our ev says that’s a unique political rallying point because he’s a really sympathetic cowboy and we just bone him
2. Stare decisis- we don’t overturn Hiibel- we just limit its application to zero. An entire history of English common law lies in that fine semantic parsing. Instead, we accept the Court’s extremely narrow reconstruction of precedent which basically leaves the issue up to future courts to decide-that’s all in the T evidence.
3. Amendment mixing screws up accurate application of either right
Michael Pardo, Visiting Assistant Professor, Chicago-Kent College of Law (2004-05), Assistant
Professor, University of Alambama School of Law, 2005
Stare Decisis D/A
Dicta D/A
Agamben Kritik:
The affirmative’s use of fiat to imagine state action ignores the way sovereignty works, making the sovereign the 1ac’s ventriloquist, reifying current forms of domination.
Michael J. Shapiro, Department of Political Science @ University of Hawaii, 1988
The aff’s pursuit of a demand on the state prostrates philosophy before subjugation of the social orer, reinforcing fascist politics and fortifying sovereign power over life.
Alain Badiou, Philosophy Chair at Ecole Normale Superiuere, 2004, “Infinite Thought: Truth and the Return to Philosophy”, pg 76
The combination of these with granting rights that had been denied creates a form of politics that masks the fictional separation between democracy and totalitarianism. Allowing the status quo’s use of law to be “solved” by another use of law makes the State of Exception the norm, only speeding the slide from democracy into totalitarianism.
Giorgio Agamben, Professor of Aesthetics at the University of Verona, 1988 (Homo Sacer: Sovereign Power and Bare Life, p. 121-3)
The endpoint of this power lies in genocide- the sovereign has the right not only to destroy entire populations but to make death commonplace through the production of Homo Sacer and the Muselmann who can be killed with impunity.
Giorgio Agamben, professor of aesthetics at the University of Verona, 2002. Remnants of Auschwitz: The Witness and the Archive.
The affirmative’s law based approach fails to curb the violence at the heart of law, dooming it only to repeat the violence of the status quo. Only an unconditional ethical stance to reject the affirmative, transgressing into notions of sovereignty and law can confront the horror posed by the camp and break with the discourse of sovereignty.
Fiona Jenkins, lecturer in philosophy at the Australian National University, 2004. Borderlands E-Journal, “Dialogue in the Aftermath: On good, evil, and responsibility after September 11”, vol. 3, no. 1.
Loyola HY Negative
OSPEC
Counterplan
Text- THE PRESIDENT SHOULD ISSUE AN EXECUTIVE ORDER THAT WE SHOULD AMMEND THE IMMIGRATION AND NATURALIZATION ACT AND NATIONAL INSTITUTES OF HEALTH REVITALIZATION ACT TO PROHIBIT ALL SEARCHED WITHOUT PROBABLE CAUSE FOR EVIDENCE OF HUMAN IMMUNODEFICIENCY VIRUS SEROPOSITIVITY IN INDIVIDUALS SEEKING ENTRY INTO THE UNITED STATES. FUNDING AND ENFORCEMENT GUARANTEED. WE CAN CLARIFY.
Pres powers net benefit- key to solving AIDS
Pres powers key to social movements.
Politics- farms
Bush is pushing farm subsidies
Plan drains political capital
Subsidies key to WTO
WTO key to econ-nuclear war
Criticism
Bush wants environmental controls
Plan creates neo-liberalism, decentralizing the government,
Central government key to environment
Alternative: mutual coercion
Round 3
Solvency
T/ Probable Cause actions lead to actions outside definition of searches
Pollack 94 (Kenneth, 47 Vanderbilt Law Review, lexis)
T/ Retribution
Probable Cause increases the desire for hard abuse
Seidman 1998 (Louis, Professor of Law, Georgetown University, “Constitutional studies, Constitutional Tragedies”)
Kritik
Agamben saying that turning to the state for rights is bad, it allows the government to create the identity of the individuals they affect, ie giving rights to people creates their identity and using the Vietnam War was epitome used in Link story. The book is the State of Exception.
Link extension
Victimization is politically debilitating, politics enacted increase the process of designating a certain group of people, ie the people who receive body cavity searches, entrench their victim status
Badiou 2001 (Alain, Ethics: An Essay on the Understanding of Evil, pg 11-13)
MacArthur BC Negative
*T – detain in to keep in confinement (does not include inadmissible persons)
*T – authority can only be removed by the Courts, not executive or Congress
*T – search must be a legal search looking for criminal activity [w/ a definition of probable cause – should be of criminal activity]
*T – resolves means clear, free from doubt {“Right to clarify is not free from doubt”}
*Anarchy CP (abolishing the government)
~Turns case: The government won’t give up its authority. Depending on it to protect rights leads to the erosion of rights
Harold Barclay 1990, People without government: an anthropology of anarchy
~Because it is beauraucratic, centralized, and militarized, statism will lead to extinction form nuclear war and ecological destruction
Graham Purchase 1990 [anarchist society and its political realization (see sharp press *San Francisco), p. electronic)
~State policies prevents us from being personally responsible
Graham Purchase 1990 [anarchist society and its political realization (see sharp press *San Francisco), p. electronic)
~Decreasing authority relies on authority and working w/in the scheme of govt. action
Shaffer 1999 vnews.php?nid=4334
~If the government abolished itself tomorrow communities of mutual aid and ordered cooperation would emerge. Transitional violence would be short=lived and lead to social catharsis
Harold Barclay 1990, People without government: an anthropology of anarchy
Round 3
T-Authority
Authority means an official decision of a court used as precedent.
American Heritage Dictionary, 2000.
Affirmative doesn’t use courts.
Standards
1. limits
2. ground
3. predictability (hidden A-spec?)
Voter for fairness and education
T-Or =And
Either implies search and detainment
Oxford English dictionary, 1989.
The aff only decreases authority to search.
Standards
1. limits
2. ground
3. education
Voter for fairness and education - competing interpretations good.
CP
Text: THE GOVERNMENT OF THE UNITED STATES OF AMERICA SHOULD IMMEDIATELY AND COMPLETELY DISMANTLE ITSELF IN LIEU OF ANARCHISM.
Turns case – the government won’t give up its authority, and our reliance on it to protect rights is what leads to their ultimate erosion.
Harold Barclay, 1990. “People without government: An Anthropology of Anarchy”, p. 124
The bureaucratic, centralized, and militarized nature of Statism leads to extinction from nuclear warfare and ecological extinction.
Graham Purchase, 1990. ( See Sharp Press * San Francisco)
Hierarchy is the root of all violence, from systemic violations to nuclear warfare.
CrimethInc. Worker’s Collective, 2001. “Days of War, Nights of love: Think for beginners”, p. 31-2.
The aff’s well meaning policy makes use o state authority but provides no guarantee. Putting our faith into such an institution defers responsibility, and legitimizes centralization and total control allowing for tyranny and totally disempowerment.
Graham Purchase, 1990. ( See Sharp Press * San Francisco)
Decreasing authority relies on the authority of the system in the first place – they are not a purely negative action, but entail an entire schema of government action
Butler Shaffer, 1999. “Book Review: Against Politics: On government, anarchy, and order by Anthony de Jasay”
If the government abolished itself there would be an immediate transition to societies of mutual AID and ordered cooperation – any transition violence would be short lived.
Harold Barclay, 1990. “People without government: An Anthropology of Anarchy”, p. 124
Anarchist revolution in the US will topple statism worldwide.
Murray Bookchin, 1971. “Post-Scarcity Anarchy”, p. 23-4
Maine East PA Negative
Negative Strategy-
Topicality- without charge
Test Case Fiat
Executive Order Counterplan
Presidential Powers Disadvantage
War on Terror Disadvantage
Deference Disadvantage
Topicality- without charge
A) interpretation- must decrease authority to detain without charge
B) violation- Korematsu was charged
Davies 2000
C) standards-
1)ground
D) voter
Test Case Fiat-
A)interpretation- must specify test case
B)plan fails to specify their test case
C)standards- ground
D)voter
1)competing arguments
2)without test case can’t solve
Executive Counterplan-
Text- The United States Supreme Court should substantially decrease the USFG authority to detain without charge by overturning the following two decisions on the next available test case: Hirabayashi v United States and Korematsu v United States. The United States President will pass an executive order overturning the precedent set in Hamdi v Rumsfeld.
Observation One: Solvency
Executive orders have legislative force and avoid delays
Phillip Cooper, “By order of the President”, pg 58-59 2002
Presidential Powers Disadvantage-
A)uniqueness- presidential powers are high now
Richard Stevenson, The Nation, May 15, 2005
B)link- judicial intervention decreases presidential powers
John Ashcroft, Federal News Service, 11/12/04
C)impact- US heg is dependent on executive power
Michael A. Genovese, “The Presidency in an Age of Limits”, pg 22, 1993
Lack of hegemony leads to global nuclear war
Zalmay Khalilzad, “Losing the Moment”, pg 84, 1995
War on Terror Disadvantage-
A)uniqueness- London bombings indicate futility, not a victory- the ability of the UK and US to return to normalcy indicate winning
Tim Harmes, The Times, “The day that terror lost”, 7/11/05
B)link- not detaining illegal aliens with potential ties to terrorism undermines efforts to prevent terrorism
Michael Sardaville, “Providing Security, fairness, and efficiency in the immigration deportation processes”, July 21, 2003
C)impact- terrorism means the end of civilization
Yonah Alexander, “Terrorism Myths and Realities”, Washington Times, August 27, 2003
Deference Disadvantage-
A)uniqueness- we defer now on foreign policy, security and military affairs based on Hamdi
Susan M. Akram, “Symposium: Immigration and Civil Rights after September 11”, March 2005
B)link- court authority over military risks decreases readiness and causes a defenseless US
Jia Nzelibe, “The Uniqueness of Foreign Affairs”, March 2004
C)impact- readiness key to preventing nuclear war
Khalilzhad, 1995 (above)
Marist DM Negative
ASPEC
A. “USFG should sub decrease authority” mandates a discussion of the agent bc authority is divided amongst the three branches- it doesn’t rest monolithically.
Doresen, 92, (Neil, Prof of law at NYU,80, Ky. L.J. 843, lexis)
B. Aff doesn’t specify the agent
C. Voter for:
Ground
Makes plan mandates condtional
Topic spec edu.
Search
A. Search is a reasonable expectation of privacy determined by case law-
Words and phrases 2002 (vol 38a, p. 64)
B. Violation- case not an expectation of privacy
C. Reason to prefer
Predictable limits-
Ground
contexuality
D.Voter for jurisdiction
Israel DA
Israel winning the WOT on Palestinian terrorism and detentions are making a major contribution to victory
Ellis Shuman (07/10/04),
Maintenance of State of Emergency has led to expanded powers for search and detention that are under review by Israeli courts.
Simon Shetreet- Hebrew University, 1994, justice in Israel
Isreali courts model US courts
Gary Jacobsohn, prof of jurispuedence and politics Williams College, 1993 (apples of gold)
Backing down leads to terrorism
Ak’bar A.Shabazz, - member of the nationa advisory Board for project 21,7/7/05
Terror Attacks on Isreal lead to GNW
Moore, April 04,
Terrorism
There have been no new attacks despite them once being considered inevitable
Lindsay 2005,James M. Sept 11,America Abroad, “Year Five in the war on terror”,
Backing off on terrorism is terrorism appeasement
Wall Street Journal, 7/7/05
Another attack on the US triggers war and kills heg
Bowers, 2004,
Rights Malthus
Restricting rights good- key to avoid crunch later
Ohpuls and Boyan 92 (Williams and Steven, Fmr. Foreign service officer and winner of the Gladys M. Kamerer Award for best public policy book, Stephen, political scientist at University of Maryland, Baltimoore Country, Ecology of Scarcity Revisted)
State power control is key or we will face extinction crunch
Ohpuls and Boyan 92 (Williams and Steven, Fmr. Foreign service officer and winner of the Gladys M. Kamerer Award for best public policy book, Stephen, political scientist at University of Maryland, Baltimoore Country, Ecology of Scarcity Revisted)
USFG should sub decrease auth
Aff doesn’t specify the agent
Lose ground- PP DA’s, SOP
Extra plan mandates make it conditional-shift advocacies
3 Branches key to education- Wilson 98
voter for edu, jurisd
Search
Search is determined by police laws
Vio- case not an expectation of privacy
SC doesn’t determine the Aff as a case
Limits-Bright line, literature
Ground- lose legit DA’s, court is best for info.
Voter for jurisdiction
A. Winning war on terror despite Palestine?
B. Maintenance of State of Emergency has lead to…
C. Isreal
Meadows CS Negative
Negative Strategy-
Topicality- Its Authority
Test Case Spec
Morgan Powers CP
Abortion Politics
2NR- Topicality- Its Authority
Topicality- Its Authority
A) Interpretation-
Carter 2005- authority not ability
Minashin 2002- decrease means to make less
Kennedy 2004- must be federal authority
B) Violation- Plan is state not federal authority
C) Standards-
1) ground
2) predictability
3) xtra topicality
D) voter
Specify Test Case-
A) Must Specify Test Case- Harmen 2000
B) Violation- plan doesn’t specify a test case- not a precedent
C) Voter- its abusive because it kills counterplan ground
Morgan Powers Counterplan-
Text- The United States Congress will exercise authority under Section 5 of the 14th amendment to enable substantive equal protection to…..
Observation One: Competition- CP avoids court NB
Observation Two: Solvency
Morgan Power Doctrine gives authority to solve without linking to the DA
Serena J. Hoy, “Interpreting Equal Protection”, Spring 2000
Abortion Politics-
A) Uniqueness- Miers is confirmed now
B) Link- she will cause court to shift to the right and push GOP issues
NPR 2005
C) Impact- shift will overturn Roe v Wade
Baltimore Sun, 2005
This will lead to overpopulation
Stantin 2005
And nuclear use
Research Corporation, 2000
Round 3
T-Authority
A. Its is a possessive pronoun, referring to the fed gov .
MSN Encarta 2005
Its authority refers to Federal Authority, which excludes state authority.
Modeleski, Founder, Account for better citizenship, 1992, “Sovereignty and the Matrix”
B. Violation- the aff limits must be federal auth. It must be the federal gov’t doing the searching or detaining in the status quo.
C. Standards
Bright line
Extra T illegit
D. Voter- voter for jurisdiction
Congress CP
The United States Congreess will exercise authority under section 5 of the 14th amendment to enable substantive equal protection to
Obs 1 competition- the CP avoids the court DA’s
Obs 2 Solvency- Congress can use Morgan power authroty to solve the cases without linking to court Disads
Serena Hoy, 2000, J.D. Yale Law School, “Interpreting Equal protection: Congress, the Court, and the civil rights Acts”, Spring, pg, lexis
Congress guarantees better fact fining, more flexibility and more social change.
McCormick,Assisnatnt of Law, Chicago-Kent College of law, 2004, “Federalism Re-constructed: The Eleventh Amendment’s illogical impact on congress’ power”, 37 ind. L. Rev. 35 page lexis.
WE uniquely promote the progressive constitutionalism movement-Must focus on political action that calls for congressional enactment of a progressive agenda.
West, Proff of Law @ Georgetown U, 1990, (Robin, “Progressive and Conservative Constitutionalism”, Michigan law review, Fed, Lexis.
Impact- A Congressionally centered progressive constitutionalism challenges classism, Racism, and sexism by creating a constitutional moment.
West- See above, “Is Progressive Constitutionalism Possible?” Widener Law Symposium, spring edition, lexis.
Jism DA
Uniqueness- te public doesn’t see federal preemption of state court decisions
Conlan, Dudley, July 2005, Timothy “Janus-Faced Federalism: State sovereignty and federal preemption in the Renquist court”, Political Science and Poltiics
B Link- Federal judicial rulings destroy state court authority. Independent state court action is needed
Baker 1995, (Alvis R. Texas Tech Law, Case Western Reserve Law Review.
C. Impacts- Jism solves world-wide wars and authoritarianism
Kincaid, Robert, Summer 1995, “Foreword: The New Federalism Context of the New Judicial Federalism”, Rutgers Law Journal, lexisnexus.
Global Local
Reject the aff for entrenchment of state action- rather than a local level
J. Nayar 99
Case- (analytics)
Case does nothing- says state health ppl not entirety of US which their impacts assume
Too Many alternate causalities
Mercer Island SP Negative
T – SUBSTANTIALLY MEANS WITHOUT MATERIAL QUALIFICATION – BLACKS LAW DICTIONARY
VIOLATION – THE AFF SETS A QUALIFICATION ON THE AMOUNT OF DECREASE
GROUNDSPEC-
THE AFF MUST SPECIFY WHICH TEST CASE AND THEY DON’T THIS EXPLODES THE TOPIC AND VIOLATES RESOLVED
POLITICS D/A – IMMIGRATION
U- SQ IMMIGRANTS ARE NOT INVOKING RACIST BACKLASH
JOHNSON 05
L- DOMESTIC RELIEF POLICIES LEAD TO RACIST IMMIGRANT BACKLASH
JOHNSON 98
I/L- IMMIGRANT BACKLASH CAUSES RACE WAR
I – RACE WAR ENDS IN PROTIDE
DELDARE 96
CP – TEXT THE SUPREME COURT SHOULD RULE THAT FEDERAL SEARCHES WITHOUT PROBABLY CASE VIOLATE THE ALIEN TORT ACT
SOLVENCY – FORCES MORE HUMAN RIGHTS CREDIBILITY
-SHACK 04
HUMAN RIGHTS OUTWEIGH CIVIL RIGHTS
HOLLOW HOPE
RIHTS AND MOVEMENTS ARE HERE NOW
B. RIGHTS VICTORIES WITH THE COURTS ATTRACT GROUPS LOOKING FOR NEW VICTORIES
DAVIS 98
C.1)IMPACT GAY RIGHTS ARE CITICAL TO WORLD RIGHTS
2)DENIAL OF GAY RIGHTS WILL LEAD TO THE NEW HOLOCAUST
Mills University GW Negative
Russia Mafia
Uniqueness- Russia mafia is targeting us from the inside out. Jane’s terrorism and security monitor 2000
Link- search and detention policies like the patriot act are all that has allowed the US to contain mafia aggression. Amarel 02
Impact- Russian mafial will use WMD on US. Jane’s terrorism and security monitor 2000.
WMD use leads to extinction. Johnson 02
ANWR bush bad 1NC
Uniqueness- Bush is focusing on energy policy but lacks to political capital to push action in through congress. Davis 05
Link- winners win- plan win for bush. Ornstein 01
Impact
Drilling leads to culture genocide and puts all humanity at risk. Demuth 2000.
ANWR doesn’t decrease our dependence and threatens biodiversity and environment and puts all at risk.
Pfeiffer 05.
Affirmative action movement DA
Uniqueness- there are grassroots movements now addressing the needs of affirmative action. Michigan daily 05.
Link- action through the federal government is a double edged sword. It demobilizes grassroots movements while not giving them the rulings they need. Brown-Nogin 05
Grassroots movements are key to strong affirmative action policies. Newsday 05
Impact- strong affirmative actions key to stopping racism. Disad turns the case. Daniel 03.
Consult Russia
The USFG will propose to the Russia federation through the framework of the NATO Russia council that CSI will be put in the shipping area. Russia modifications and objectives will be bound by the US. We will clarify.
Montgomery Bell Academy DB Negative
Topicality
1. Interpretation – authority refers to government as a whole
x
2. Plan only increases specific authority
3. Standards
a. limits
b. ground
4. T is a voter
a. fairness
b. education
PKO Counterplan
US contributes funding to UN PKOs in order to stop the root cause of refugees
Observation 1 is Competitiveness – CP competes because of the WOT and politics
Observation 2 is Net Benefits
1. PKOs solve the War on Terror
LA Times 03
Observation 3 is Solvency
1. PKOs solve the root cause of refugees
X 03
2. PKOs solve the root cause of immigration to the US
Migen 03
3. Military cooperation between US and Russia can be achieved through the UN
X 03
4. PKOs solve Russian conflict in the future
X 99
War on Terror Disad
1. War on Terror succeeding now
Times 05
2. Detaining immigrants is key to the war on terror
Time 03
3. A terrorist attack on the US will kill millions and the US will retaliate
X 04
North Korea
1. Uniqueness – Talks with North Korea have ceased
Times 05
2. Link – Plan decreases Bush’s political capital
X
3. Internal Link – Bush will talk with North Korea to appease his base
X
4. Impact – North Korea talks lead to invasion and proliferation
Strapper 05
5. North Korean nuclear testing will cause China to attack Taiwan
Hunt 01
Mountain Brook MF Negative
Topicality- “its = own authority”
Existentialism Kritik
A. The freedom of the individual is dead. Illusions of change and control resulting form the desire to control and manipulate the will of others have come to structure our social, activisist, and ethical perspectives. Managerial and behavior restricting legislation has succeeded in replacing individual choice as the motivation for action. We have forgotten the question of “who we should be” for the question of “who others should be.”
Sartre ’57 (Jean Paul, Existentialism and Humyn Emotions, 29-32, Gender Edited)
B. This form of ordering uses the excuse of social welfare to displace individual agency and to perpetuate all forms of murder and oppression as it prepares populations to be complicit with and uncritical of genocide
Camus ’56 (Albert, The Rebel, 3-6, Gender Edited)
C. Individual rights is the supreme impact, it outweighs all consequences of its preservation
Callahan ’73 (Daniel, Fellow, institute of Society and Ethics, The Tyranny of Survival, p. 91)
D. We offer an alternative and competing framework for evaluating debate. Vote negative and choose instead to reconceptualize our legislative jusifications for political action and reposition yourself to uphold the choice of the individual. Our discursive representations have far-reaching social significance. You are positioned uniquely as a critical intellectual with an ethical obligation to align yourself with the politics of choice as if your ontology would be universally adopted.
Sartre ’57 (Jean Paul, Existentialism and Humyn Emotions, 15-21, Gender Edited)
Executive Order CP
Net Benefits: Presidential Powers, Politics (Social Security)
Organized Crime D/A
WOT D/A
Round 3
XO:
Text: The President should issue an executive order mandating that detainment without charge based on identity is unconstitutional as illustrated by Korematsu v. United States.
XO’s solve civil liberties and race policies.
Mayer 01
With the Stroke of A Pen” P 4-5
Prez Powers:
Unilateral presidential action increases presidential power- each order is key.
Mayer 01
With the Stroke of A Pen” P 56
Prez Powers key to leadership and solving AIDS.
Deans 2000
Atlanta Journal Constitution.
“While no one can doubt…on the theme”
Social Security:
Social Security won’t pass.
Korematsu is popular.
Chicago Tribune 98
Social Security reform will lead to an economic depression.
Decrease in the global economy leads to nuclear war.
Lewis 98
Existentialism Kritik:
The freedom of the individual is dead. Illusions of change and control resulting from the desire to control and manipulate the will of others have come to structure our social, activist and ethical perspectives. Legislation has replaced individual action.
Sartre 57
Existentialism and Human Emotions P 29-32
This ordering uses the excuse of social welfare to destroy individual agency, legitimizing murder an genocide.
Camus 56
The Rebel P 5-6
Rights outweigh in any framework.
Callahan 73
“The Tyranny of Survival”
The Alternative: Reconceptualize ourselves as critical intellectuals with an obligation to align yourself with the politics of choice as if your ontology would be universally accepted.
Sartre 57
Existentialism and Human Emotions P 15-21
Terror DA:
The US is winning the War on Terror
Valley 05
Christian Science Monitor “In the Heartland of Jihad: A Helping Hand”
Destroying the ability to detain hurts the War on Terror
Malkin 04
In Defense of Internment. xix-xxx.
Terrorism threatens civilization as we know.
Alexander 03
“Terrorism Myths and Realities”
(mentary/20030827-084256-8999r.htm)
Strict Scrutiny DA:
Korematsu applied the strict scrutiny doctrine.
Black 44
(ilaw.umkc.edu/faculty/projects/ftrials/conlaw/korematsu.hmtl)
This is applied to affirmative action.
Miller 99
“Affirmative Action: ‘Democracy in Free Fall’: The Use of Ballot Initiatives to Dismantle State Sponsored Affirmative Action Programs.”
Affirmative action is key to stop racism.
Eberle 04
“Cross burning, Hate Speech, and Free Speech in America”
New Trier DR Negative
1. Topicality: Either Or
2. Topicality: Search = Criminal Purpose
3. Topicality: Authority = delegated from another agent
4. CP: Authority-- CP Text: “The Department of Energy should ban polygraph tests it administers to its employees without probable cause.”
-First it competes: the CP doesn’t include congressional oversight
-Second it solves: we do the aff, the executive acts alone.
-Pres Powers NB
5. K: K Alternative: “ What to do then? Our alternative is not to criticize any particular institution, but rather to reject the affirmative as an act of indifference in the face of sexual difference. This sexual de-differentiation allows for the emancipatory play with meaning necessary to end discrimination.
(Baudrillard, 94, )
6. Case
Notre Dame MK Negative
Agamben
People confront political problems unlike any other, these problems just function as a means to sacrifice humans to the will of the state
Agamben 95
Homosacer p17-20
The sovereignty is capable of forming identities this capability is the worst part of the states power
Agamben 95
Homosacer p46-48
This form of control and power leads to Biopower
Agamben 95
Homosacer p90
Though there are not death camps all around us death are looming on the horizon
Agamben 95
Homosacer p174-176
These politics of bare life solidifies the destructive power of the state
Agamben 95
Homosacer p8-10
The Affirmatives methodology is doomed to failure because the power to form identities is inherent in the law
Dillon and Reid
Vote negative for the Genealogy criticism
Clifford 2001
Political Genealogy after Foucault p70-71
Our Alternative of Genealogy is the only way to solve for the ethical possibilities of the 1AC
Clifford 2001
Political Genealogy after Foucault p91
Pace Academy CF Negative
1. T: Resolved is not Plan passed in next text case
a. Edu and fairness
2. Agamben
a. Bare life
i. Edkin’s 04 ( concentration camps
b. Sovereign powers operate through taking away rights
i. Edkins 00
ii. Alt: brace the whatever being Cado 04: CONDO
3. Pres of US will declare sec 231: DISPO
a. Domestic terrorists
b. CP solves:
i. Preserves SOP Palson ‘94
4. EU will solve by profileration
a. Increases US EU relations Conn ‘04
b. Malian 04: EU action solves euro prolif
c. Iran prolif leads to preempt Salamian 04
d. !:
i. Iran take over Iraq
ii. Russia nuclear war Char 04
5. S
a. Solves back overstretch
b. Turn: Ashcroft guides don’t give FBI power Pierce 03
c. Terrorism ( extinction: Alexander ‘03
d. Bush admin will find a way to do anything they want Northerline ‘04
e. Impact will always occur Chene ‘01
f. Real ID act
Round 3
A-Spec
T-Without Probable Cause
India Deal Politics
A. Uniqueness- The Indian nuclear deal will pass now
Linzer, 05
B. Links
1. Reducing law enforcement power drains political capital.
Reimund, 05
2. Political Capital is key to the nuclear deal
Deccan Herald, 05
C. Impacts
1. The nuclear deal is key to US/India relations.
, July 18
2. US-India relations are key to prevent nuclear holocaust
NYT, 02
EU DA
EU will solve Iranian prolif
Islamic Republic News Agency, 05
B. Links--
Granting civil liberties over security increases US-EU relations.
Cullen, 04
Weak relations with Europe are key to the success of European efforts at stemming Iranian proliferation.
Meland, 04
Iranian proliferation leads to Israeli preemption
Sammy Salama and Karen Ruster, 04
C. Impacts--
Iran would respond by invading Iraq, which would escalate to nuclear war.
Lind, 04
Russia would be drawn in sparking world war three
Tarpley, 04
Exclude Congress
The executive and judicial branches of the united States Federal Government should substantially decrease their authority to search without probable cause by prohibiting searches of individuals seeking entry into the United States for Human Immunodeficiency virus seropositivity
Biopolitics
Despite whatever humanitarian crisis the affirmative claims to solve, it will ultimately be in vain. The aff participates in the construction of bare life—that is, a unique biopolitical subject that is subject to the state while also being excluded from it—which reaffirms the biopower that authorizes 1AC harms in the first place. With the inscription of “rights” comes the inevitability of the abuse of sovereign authority.
Edkins, 2000
Sovereign politics operates via the complete management of biological life. It is this apex of state power which exercises itself based on the control of the body when politics becomes biopolitics. This authorization to manage life finds itself expressed often in the concomitant, reciprocal tendency to destroy life. The rule of law and the benign sovereign are arbitrary and manifest themselves via a state of exception.
Edkins, 2000
Plano Senior BT Negative
Aspec
T- au must be over us cits
T- search = criminal. (to examine w/ intent of crime?)
Congress cp (plantext issues, can’t provide here) w/ provide health care net ben and aids net ben
Ptix – U/IL -pushing to pass pharmacy subsdies. Reduce def. plan kills pc. Kills econ/wto. No wto -.extinction.
Polytechnic KS Negative
1ST off- privilege argument, It is impossible to deny the privilege
2nd off- Kritik,
1. We agree we idea, but not for the American dream.
2. Effort to preserve democracy
3. 3 implications-
a. No solvency
b. Functionally turns the case
c. Democracy solves plan
4. Alternative- embrace advocacy, but not to fix the so called American dream
On case-
1. Narratives = no meaning if you read them, Alkhov 91
2. Narratives = terrorism Alkhov 91
3. Narratives create regimes, Browning 96
4. Narr=law, Browning 96
5. Aff narratives unpredictable
Princeton PS Negative
Topicality:
Fiat is imagining action.
The United States federal government is all three branches.
Violation: They use individual fiat
Standards-
Predictability- we only have positions specific to USFG action.
We can’t get any ground against individual action.
Fairness- They should defend the resolution
Voter for fairness and education.
Our framework is key to real world change.
Sate 04
Plan Flaw:
They don’t have the USFG act, the resolution mandates action
voter for fairness and education.
Also a solvency deficit, can’t solve for advs without USFG action.
Topicality:
Authority= a law restricting another branch’s action.
The executive has no authority over detention.
Tourella 03
Standards:
Ground- only have disad ground based off a decrease in authority.
Voter for fairness and Education.
Round 3
*T – authority comes from court decisions. Supreme Court must overturn a court decision, not a Congressional law like the Patriot Act
*Morgann Power CP
~Progressivism net benefit:
- Adjudicated thought in authoritarian and precludes Congressional progressivism. Need to act through Congress
West 1990 88 Mich. L. Review 241
- Congress can shut up the Supreme Court
West 1990 88 Mich. L. Review 241
*K –
~Aff’s “gift” of human rights masks oppression of the hegemon
Arrigo and Williams 2000 “The (Im)possibility of Democratic Justice and the ‘gift’ of the majority on Derrida, deconstruction, and the search for equality” p321-322 Journal of Contemporary Criminal Justice
~ Extends power of domination over oppressed
Derrida 1995 The Gift of Death p85-87
~Alt: reject authority for justice and recognize impossibility of the law
Arrigo and Williams 2000 “The (Im)possibility of Democratic Justice and the ‘gift’ of the majority on Derrida, deconstruction, and the search for equality” p322-323 Journal of Contemporary Criminal Justice
*Solvecy:
~Patriot acts impacts over exaggerated by liberal media – can’t solve all you advantage
Vanessa Blum 2004 “Pithching the Patriot Act” Legal Times
~Sect 412 still allows judicial review
Malcolm 2002 Fulton County Daily Report (lexis)
~412 never been invoked
Malcolm 2002 Fulton County Daily Report (lexis)
~T/Hollow Hope (impact=gay right movements key to end all forms of oppression)
Impact: Tatchell 1989 masculinity/gay%20liberation.htm
*Racism
~Overturn Patriot act won’t solve – racial profiling happened before 9/11
Akram and Karmely 2005 UC Davis Law Review (lexis)
~ Alt causality for racial profiling
Akram and Karmely 2005 UC Davis Law Review (lexis)
*Soft Power
~Patriot Act solves War on Terror now
Coney 2005 subs/testimony/060805-james_comey_statement.pdf
~Patriot Act soles terrorism attacks
Bush April 17, 2004 (CBS transcript of radio address)
Reagan DM Negative
Topicality
Definition: Authority
1. Authoriy refers to a concept of power and jurisdiction
Black’s Law Dictionary ‘04
2. The authority is a concept and exist even if it is never exercised which proves quantity is irrelevant.
B. Violation- The Aff does not decrease the legal jurisdiction of the government even if they reduce authority to detain or search.
C. Standards
1. Limits
2. Brightline
D. T is voter
Politics
Scenario: Middle East campaign
A) Uniqueness
The international community is unhappy with the United States human rights policies on Guantanamo Bay and Abu Ghraib
International Herald Tribune, September 12, 2005
B) Link
Bush is attempting to bolster his international credibility to help further his agenda in the Middle East. Plan will be the perfect opportunity to prove his gentler side.
Associated Foreign Press, September 15, 2005
Impacts
1) Bush will continue Middle East campaign in Syria
, September 20th 2005
2) The middle East is on the brink of regional war that will result in thousands of deaths.
Mark Katz, August 22, 2005
Round 3
Topicality: Congress and the executive agencies have the primary authority to search without probable cause and detain without charge not the courts.
Congress and Executive agencies have primary authority no the Courts
James E Gritzner, Judge, U.S. district court 2005 in (Ace property and causality insurance company v. Federal crop insurance corporation and risk management agency.
Standards
Limit
Ground
T voter
Fairness
Education
Parallels disad
a. the international community I unhappy with u.s human rights policy as displayed in Guantanamo Bay and Abu Gharib
International herald tribune, September 13, 2005
b. Bush is attempting to bolster his international credibility to help further ihis agenda in the middle east-plan will be opp to prove gentle side
Assocate foreign press, September 15, 2005,
c. Bush will continue his Middle East campaign in Syria
Antiwar. Com, September 20 05 =9566
The Middle East is on the brink for regional war that will result in thousands of eaths
Katz, August 22,2005
Case
They reinforce biopower
a. subjectivity- the ability to qualify political subjectivity which exists within the field of existing institutions creates political subjects as objects to be sacrificed
Edkins 2000, whose human? Concepts of famine, practices of aid p.38
b. Reform=-their association with current system doom results
Summer 95 foculat and the political 50
b. foundations- placing limits on soverigm power legitmazes the strentgth of power relationships
Seri.05, “Police discretion as unwritten law governing the stat of esception p. 4
Round Rock DE Negative
1st off- ANWR
1. ANWR pass now, but close AP Newswire 2005
2. Republicans will backlash against ANWR if plan is passed New York Times 2005
3. Drilling solves oil dependency Kirkwood 05
4. Dependence on oil is the most likely scenario for nuclear war Clair 2004
2nd off- Rights Malthus
Federalism and Separation of Powers are a Barrio to the transition to the steady authoritarian state
William Ophuls and Stephen Boyan Ecology and the Politics of Scarcity Revised: The Unraveling of the American Dream page 241-242
centralized state authority is necessary to preventing environmental catastrophe and extinction
Marius de Geus In Democracy and Green Political Thought no page given
scarcity pressures make the transition to totalitarian government inevitable
Robert. L Heilbroner 74 (Norman Thomas Professor of Economics Emeritus)
Ecological scarcity destroys the biosphere turns their biodiversity adv and outweighs nuclear war
Willian Ophuls (Requim for moderm politics no page given) 97
3rd off T Substantial
1. Interpretation-
Substantially- with out material qualification blacks law dictionary 19991
material- having real importance or great consequences merriam webster online dictionary
2. Violation-
3. Standards
1. Aff allows for subsets
2. Pred limits outweigh
Voter- Competing Interpretations
South Point Catholic AS Negative
Topicality
1. Its means ownership.
They reduce state’s authority.
Limits- allows them to limit authority of millions of agencies
Grammar
2. Authority is the right to act
Limiting power is acting within authority, not decreasing it.
Counterplan:
The United States Supreme Court will issue a narrow ruling extending the Lopez precedent by ruling that the jurisdiction over school searches is reserved for state governments on 10th amendment grounds. All relevant Federal law and agency jurisdiction in that area will be devoted to authority of the states. The Supreme Courts of all 50 states and relevant United States territories will rule that school searches without probable cause are unconstitutional.
Federalism good
Disad
Dems are winning now
Plan makes Bush’s agenda Popular
Dems key to check Bush’s Judicial appointees
Bush’s judicial kills environment and evryone
San Dieguito Academy KO Negative
T—O-SPEC. Black’s 1944. Aff can’t use a sub branch of the USFG.
T—Either/Or means both. (went for in the 1NR/2NR)
T—Korematsu was charged. Corpus Juris 1998
CLS
Public policy cannot secure legal rights or real world behavior that is consistent with the rearrangement of obligations.
Sheingold, 1974. (The Politics of Right: Lawyers, Public Policy, and Political Change. Page 17.)
“direct deployment of legal rights in the implementation of public policy.”
Gaps in our legal system allows judges to choose either side in any case.
Altman, 1996. (“Arguing About Law: An Intorduction to Legal Philosophy.”)
Commitment to rights covers violence.
Lynee, Ind. L. Journal. “law has too often been a mechanism for state violence.”
The racial distinctions created by law makes violence inevitable.
Lopez, 1996. “White by Law: The Legal Construction of Race.” Pg. 121-122.
Vote neg.
Kelmen 1984. Stanford L. Rev. “many of us (arguably influenced by Foucault)”
Round 3
Vs. Iran Aff.
T
Either or = both
China/US Relations DA
US/Sino relations good now
UPI, 6/28/05
US human rights promo causes Chinese resentment
Steve Chan, “human rights I china and the united states” Human rights quarterly, 2002
US/Sino relations k to solve prolif, regional conflicts, and terrorism
The korea herald, 6/16/2004
Agency CP
Text: Department of Defense should cease the practice of searching without probable cause by eliminating human intelligence surveillance operations in Iran
Authority can only be granted by an external actor-to decrease authority requires action by an actor more power than the agency actually conducting the searches
Wesley Hohfeld, 1919, “fundamental Legal conceptions” p. 35-64,
The Only source of authoiry capable of doing this is congress-plan is the only way to strip the authority from the executive
Kevin M. Stack, “The Statutory President” Iowa Law Review, January 2005, pg. 570-575
Amended Text (in the 2NC): DOD should remove authority to search without probable cause in places where it is co-extensive with the CIA’s
Hitz & Weiss
Prez Powers DA
THE CP USES THE EXECUTIVE BRANCH-INDEPENDINT AUTHOIRTY OVER LAW ENFORCEMENTS KEY TO PRESIDENTIAL POWER
Steven Calabresi, 1995 (48 Ark. L. Rev. 23)
AND THE PLAN ASSERTS LEGISLATIVE CONTROL OVER AN EXECUTIVE AGENCY, DESTROYING PRESIDENTIAL POWER
Shapiro, Administrative Law Review Jan 24
IMPACT – PRESIDENTIAL SUPREMACY SOLVES ECONOMIC COLLAPSE, TORRORISM, LOSS OF GENEMONY & NUCLEAR WAR
Croinin and Genovese 1998, (Thomas E., Michael A. “The paradoxes of the American Presidency”)
Congressional Oversight DA
Removes authority necessarily entails congressional monitoring and enforcement-the plan trades of with precious agency oversight resources
Arthur Lupia and Mathew McCubbins, European Journal of Political Research, “Representation or Abdication? How citizens use institution to help delegation succeed” 2000
Lack of financial and political oversight causes agency non-implementation of other statues
Peter Lehner, Columbia Law review “Judicial review of administrative inaction 1983
Collapse of agency effectiveness erodes the public’s faith in the legal system and risks violence
Peter Lehner, Columbia Law review “Judicial review of administrative inaction 1983
Collapse of legal systems destroys US hege
Khalizad 95
US leadership solves global nuclear war
Khalizad 95
Saratoga JP Negative
ASPEC
A. Interpretation Substantially means by one branch
Black Laws Dictionary 2002
B. Violation- Aff doesn’t spec their agent
C. Standards- Ground , plan becomes conditional, edu
D. Voter for reasons above
Authority=Courts
A. interp authority=courts
Black laws dictionary 2002
B. Violation- Aff doesn’t only use the courts
C. Standards- Ground , plan becomes conditional, edu
D. Voting issue for reasons above
Biopower
a. aff creates a frame work of a public and private sphere reinstilling biopower
b. Liberal law reform are making the power of the government-Agamben ‘96
c. leads to extinction Denan ‘01
d. we can free our mind from dehumanizing biopower through krtiking. No alternative text Owens ‘94
Stratford Academy KR Negative
T—must search criminals
Black’s Law Dictionary.
Plan Flaw—must specify what they search. Key to fairness, ground.
XO—We demand that the President of the United States, through an executive order, rule that federal government authority to search computer information without probable cause is unconstitutional in violation of the fourth amendment.
Cooper, 2002. XOs avoid politics.
Prez Powers—PP key to leadership. Rose 1997.
Khalilizad.
Hollow Hope—Court movements act like the fly-paper affect. Rosenberg.
Key for gay rights. Clark 2003.
Gay rights key to prevent all forms of oppression. x______
University Mills Negative
NEG:
Medicare DA
Agamben K
Tech War
T
China DA
West JP Negative
T its
A. Interpretation
1. “USFG” means one of the three branches of the government.
2. “Its” is the possessive form of “it.”
B. Violation – the plan decreases the authority of non-federal law enforcement.
C. Standards
1. Extra topical – The aff gets to claim advantages on non-USFG agents, which the neg can never be prepared for.
2. Ground – States CP is core neg ground, which the aff co-opts through its abusive definition.
3. Limits – our definition still allows for all key aff cases, but only if they focus specifically on USFG authority.
D. Topicality is a voter for fairness, jurisdiction, and potential abuse.
Plan Flaw
Here’s the upset-
1. The affirmative plan text doesn’t specifically overturn Terry. Terry involves local police and state officials, not the USFG. Reasons to vote neg
a. No solvency-They can’t claim advantages on any local police related issues. None of their evidence indicates that federal officials do stop and frisks. If plan only applies to federal officials, there is no solvency.
Grammar-Plan is a run-on sentence. Grammar is key to maintaining resolutional integrity. Vote NEG
CP
Text: In a test case involving a search by any police officer or official, based on reasonable suspicion, the supreme courts of the 50 states will rule that the Government has no authority to search with reasonable
Suspicion and that probable cause is required.
Observation two- Competition-Competes via Federalism net benefit
Federalism
a. Uniqueness: There exists a balance between federal and state powers in the status quo
Erwin Chemerinsky, law professor, DUKE, BROOKLYN LAW REVIEW, Summer 2004 p. 1313
b. Link: Historically, the states have always controlled the criminal justice system. The AFF plan uniquely upsets this control and links them to the disad
Kevin R. Reitz, law professor at the University of Colorado, 2001 (ANNALS OF THE AMERICAN ACADEMY OF POLITICAL AND SOCIAL SCIENCE, January, pp. 126-7
c. Internal Link Blurring the lines between Federal and state powers is dangerous. It leads us down the road to unaccountability of either government and results in a government out of control.
U.S Supreme Court Justice Rehnquist, 1995 (UNITED STATES V. LOPEZ, )
d. Impact: A tyrannical government is the ultimate death machine. The affirmative plan’s outcome will be mass death.
RJ Rummel, Political Scientist, University of Hawaii, DEATH BY GOVERNMENT, 2001,
Biopower
The sovereign is that which decides the exception. The exception is the way the sovereign excludes and includes those under its control to create bare life. Unfortunately, every time modern democracy tries to vindicate the political life, it ends up reproducing bare life. It is this benign failure of democracy that tries to provide freedom but ends up establishing control.
Catherine Mills, University of new South Wales, December 2004, Contretemps, “Agamben’s Messianic Politics: Biopolitics, Abandonment and Happy Life”
B. The link – every attempt to inscribe human rights is double sided. The more we attempt to liberate ourselves the more we are subject to biopolitical control. This is the logic of the Nazi state and the road from democracy to totalitarianism.
Jean-Philippe Deranty, Professor of French and German Philosophy at Macquarie University, Sydney, May 2004, Borderlands E-Journal, vol. 3 no. 1, “Agamben’s challenge to normative theories of modern rights,”
C. The implication – liberalism’s biopower subjects all populations to death. The end point of this process is nuclear annihilation.
Michel Foucault, Director of Institute Francais at Hamburg, THE FOUCAULT READER, 1984, p. 259-260
To escape disaster we must make “new politics” breaking from the metaphysical tradition of the west.
Hussain, Nasser, Ptacek, Melissa, June 1st 2000
(THRESHOLDS: SOVEREIGNTY AND THE SACRED, page 27, lexis)
Westlake BM Negative
1NC – 1 off
The drive to abolish suffering denies life
Nietzsche 1889
Aff is premised on what is good, is what causes the least pain
Nietzsche 1886
Moralism denies the ability to do other than what is needed
Deluse 1962
Moralism establishes hierarchies
Ramle 1994
Only value is esthetic moralism denies beauty of life
Nietzsche 1872
Alternative – Vote negative
Westminster BS Negative
Congress CP 1NC
CP Text: The United States Congress should legislate that the executive branch does not have the authority to detain United States citizens without charge because it violates the qual protection clause of the fourteenth amendment.
Congress banned internment in 1971 but allowed an exemption to the Nondetention Act that authorizes it with Congressional Approval—The counterplan closes the loophole.
US Supreme Court opinion in Padilla, 04
The Korematsu decision itself upheld internment only with congressional authorization.
Henkin et all, 04
Prez Powers
Presidential Powers are high now.
Hutchinson, 05
Court Actio sets a precedent to limit presidential authority in other areas, devastating presidential power.
Lugosi, 03
Judicial constraints on presidential power destroy effective foreign policy making.
Bond and Rivkin, 05
Strong presidential powers prevent nuclear extinction.
Crotty, 03
Israel
A. Uniqueness—Israel is winning its war on terrorism thorugh hardline measures
Baehr, 05 (Richard, The American Thinker, “Israel as a stabilizing force in the Middle East”, 7/25
B. Links—Israel courts model U.S. Supreme Court rights protections
Jacobsen, 93
The ability of Israel to fight terrorism depends upon Supreme Court prioritization of security over rights.
Jewish Virtual Library, 05
C. Impact:
Backing Down will escalate terrorism in Israel
Shabazz, 05
Increasing terrorism on Israel will escalate to global nuclear war.
Moore, 04
Deference
1. Deference is key to readiness--
A. The court can’t effectively understand military matters and must allow the military to take necessary measures to maintain U.S. leadership through the preservation of readiness.
Wilkinson, 96
B. preservation of readiness is key to averting loss of leadership and global nuclear war.
Khalizad, 95
Racism
1. Turn-interest convergence.
Incremental victories for minorties are framed within the context of the benefit of the hierarchal Whiteness that dominates law. Changing the content of legal sanctions without addressing the form of law perpetuates the subordination of meaningful discussion of race to dominant interests.
Taylor, 03
2. The impact they claim to solve is overblown—even if they won a risk of offense, they’d never be able to create systematic upheaval of society that their impact card describes as the answer to the problem.
3. Turn-racial redemption-
Isolation the foundation of racism within a single structure obstacle that stains our legal system only hides the more insidious forms of racism that exist beneath the surface and allows to continue indefinitely.
Cho, 98
4. Turn-cultural whitewashing-
Appeals to unified definitions of the individual that promis equal opportunity in America have the unintended consequence of reducing difference to a matter of “ethnicity” that carries no value except what white supremacy gives it.
Iijima, 98
Westminster WM Negative
Topicality
Detain implies suspicion of a crime
Words and Phrases 04
Charge is an accusation of criminal conduct
Brick’s Law Dictionary, 04
Violation: aff doesn’t decrease authority to detain someone or something that couldn’t itself be charged with a crime
Voting issue:
1. fair limits
2. Ground
XO
XO’s carry force of law and boost PP
Kenneth Mayer, 2001. “With the stroke of a pen: executive orders and Presidential Power” p.4-5
Counterplan solves abuses of executive authority w/o stripping PP
Mark Rozell, 2002, The Presidency and the Law, p. 70-71
PP
PP high now.
Hutchinson, 2005, the Augusta Chronicle, 5/22, lexis
Constraining executive flex destroys PP
Gordon Crovitz, 1989, The Fettered Presidency: Legal Constraints on the Executive Branch, “Introducttion”
Restricting PP opens up floodgates for larger restrictions.
Steven Calabresi, 1995, Arkansas Law Review 23, lexis
Strong PP key to US leadership – congressional interference causes hegemony collapse.
Thomas Cronin, 1998, The Paradoxes of the American Presidency
KHALIZAD!
ANWR
ANWR will pass on budget reconciliation.
Anchorage Daily News, 10/19/05.
Moderates and GOP are pro WOT – pro WOT policies are polcap gainers.
The National Journal, 2005. (7/23, lexis)
Pacyfing GOP moderates key to ANWR
Environment and Energy Daily, 9/6/05 (lexis)
ANWR drilling enhances energy security and substantially reduces oil dependency.
Charlie Coon, HF Backgrounder, 4/22/02
Oil Dependency will cause major nuke war.
Bernard Cohen, 1990, “The Nuclear Energyy Option”, p.239
Instability
Random Defense / alt caus.
Soft Power
Heg high now/ alt causalities
Terrorism
Alt causalities / can’t solve root
Shows signal of weakness and encourages more attacks.
Reuel Marc Gerecht, 7/4/05, “What’s the Matter with Gitmo?”
publications/pubID.22759,filter.all/pub_detail.asp
Criminal law requires sensitive info disclosure
This prompts terrorists to use sleeper cells and attack.
Andrew McCarthy, 5/10/05, Federal Document Clearing House Congressional Testimony, Patriot Act Reauthorization Hearing, lexis
Round 3
Framework
A) Framework: The 1AC must include a plan text that they defend throughout the entire debate.
B) Violation: They don’t defend plan text, just personal agency
C) This is a voting issue
a. Strategic choices are impossible
b. Absent a set of criteria, the performance team is always at an advantage
c. This trick does not make you topical: should means ought to-Webster’s New World Dictionary 3rd Edition 1988 p. 1242
d. They have to defend something controversial
e. We link turn their activism and education impacts
f. Fairness outweighs education
A) Interpretation: Federal government is the central government in Washington D.C.
Webster’s New International Dictionary Unabridged 1976 (p.833)
And, should is duty or obligation
Webster’s II, 1984, pg. 1078
Resolved is expressed by formal vote
Webster’s Revised unabridged dictionary,1998 ()
b) Violation-The affirmative makes a demand instead of using the United States federal government
Voter-
a) limits
b) aff conditionality
c) they don’t solve
d) extra t
e) the only punishment is a negative ballot
War On Terror
A) Uniqueness: The War on Terror is an undeniable success- multiple factors make the war a victory and we are gaining broad international support.
Jenkins September 11 (2005, Brian, San Diego Union Tribune)
B) Link: Guantanamo detainees provide valuable intelligence that plays a critical role in the war on terror
American Forces Press Service 3-4-2005 (Kathleen T. Rhem, “Guantanamo Detainees still yielding valuable intelligence” defenselink.mil/news/war2005/20050304_88.html)
C) Impact: A nuclear terrorist attack causes nuclear war and civil liberty loss
Sid-Ahmed (Al-Ahram Weekly political analyst) 2004. (Mohamed, Al-Ahram weekly, “Extinction!” 8/26 no. 705
Hegemony
Rhetoric criticizing U.S. hegemony…effects the real world-their rhetoric encourages isolation.
Kagan, 1998 (Robert, Carnegie Endowment for Peace, Foreign Policy, Summer, Lexis)
Isolation would cause the world to explode
Khalilzad 1995
Academic discussions have real world implications for foreign policy-the alternative is to squel their anti-heg whining and educate people about the benefits of hegemony
Mearshimer 95 (John, International Security, Summer, pg. 93
Weston SB Negative
Kritik:
The affirmatives reinscription of the Biopolitical authority to “Protect Rights” legitimiates Genocide as necessary to “Protect” the Population
Foucault, ’90 ( Michel, History of Sexuality, Volume 1, 1990, pp. 136-138)
The conception of Human rights necessarily assumes that the sovereign has the power to decide whoh is Human and who is not Human-Who deserves rights and who is deprived of them. This power of granting rights and citizenships is the essence of biopolitical authority-
Giorgio Agamben, Professor of Aesthetics at the University of Verona, 2000 (Means without Ends: Notes on Politics, 1996 p. 18-21)
Alternative: Vote Negative to criticize the affirmative’s appeal to sovereignty. Our rejection opens up space for resisting sovereign power over life. By embracing rejection, we create the conditions for whatever being, a form of life that avoids classification and reduction by the sovereign, thus enabling an effective challenge to Sovereign control
Caldwell, 2004 (Anne, Assoc. Prof. Of Poli. Sci @ U. Louisville, “Bio-Sovereignty and the Emergence of Humanity,” Theory and Even, 7:2)
Our alternative challenges sovereignty-we must refuse to accept on face the sovereign protection of life, instead, we must criticize.
Giorgio Agamben, Professor of Aesthetics at the University of Verona, 2000 (Means without Ends, p. 12-13
Farm subsidies
Unique internal link-Bush is pushing farm subsidy cuts but it’ll be a tough political battle-Key to reduce the budget deficit and revive Doha trade negotiations
IHT 10/12
B.) Subsidy cuts are key to the success of DoHa-failure to cut ensures global protectionism
Orlando Sentinel 10-12
C.) Now’s a key time-failure at the Hong Kong meeting will destroy the entire WTO
AFP-05, (Agence France Presse, 7-31, )
D.) Collapse of the WTO causes extinction
Copley News Service, ’99- (December 1, Lexis-Nexis)
Israeli Strikes DA
Israel won’t attack now because it perceives US led support
CSM 04, (Christian Science Monitory, “Would Israel First Strike at Iran?” .
Israeli Strikes Escalate to world war
Simpson 04 [Alan Simpson, Publisher Comlinks Magazine, 9/27/04- “Prelude to World War III”
C.) Israel will attack unilaterally if abandoned
Gaffney ’04 [Frank J. Gaffney Jr, President Center for Security Policy, 8/31/04, “The Iranian Bomb”
Topicality-Without Probable Cause
There must be potential to suspect a crime
1. without means possible-Chambers Dictionary, 98 (Chambers Harrap Publishers pg. 1920
2. Probable cause pertains to crime
O’Conner 04- [Thomas R. O’Conner, PHD and Professor as Law, North Carolina Wesleyan University 1/6/04 “Probable cause” ]
A. Spies aren’t suspected to have probable cause of crime. Plan’s DIA agents only have belief that the US will attack and need info to plan the attack
B. Explodes Limits-Affirmatives must focus on criminal activity. Otherwise, any attempt at gathering intelligence-environmental, business, or foreign intelligence would be topical and there are a range of options within each category. Similarly, there are an infinite number of spy cases similar to the aff.
C. Their case moots probable cause as a term of art, killing predictability-Probable cause is a term in criminology pertaining to crime-not to business, research or spies
D. Voting issue for competitive equity and jurisdiction
Caspian Sea
Iran WMD intelligence is necessary to prevent Iranian aggression
Jason Zaborski, associate at DFI Government Services, “Deterring a Nuclear Iran” p. The Washington Quarterly, 2005, Summer p. lexis.
Iranian action in the Caspian Sea is probable-this would go nuclear, drawing in all the major nuclear weapon states
Jason Zaborski, associate at DFI Government Services, “Deterring a Nuclear Iran” p. The Washington Quarterly, 2005, Summer p. lexis.
Round 3
1. Biopower
a. The aff’s attempt at governmental reform is the legitimation mechanism for a system of destructive bio-politics formed under the sign of liberalism
Mitchell Dean, Professor of Sociology at Macquarie University, 2001. (Ethnographic Explorations of the Postcolonial State, ed. By Hanson and Stepputat, p. 45-6)
b. the aff’s reinscription of the biopolitical authority to Protect rights legitimates genocide as necessary to protect the population
Foucault, ’90 (Michel History of Sexuality, Volume 1, 1990, pp. 1360138, Philosopher College of France.)
c. Vote neg to criticize the aff’s appeal to sovereignty.
Giogio Agamben, Professor of Aestetics at the University of Verona, 2000. (Means Without Ends p. 112-3)
2. Courts CP
a. Plan: SC doesn plan
b. Court action ensures enforcement ( Uniformity of court decisions
Raz, 05 (Accessed 05, Professor of Law at UT, . pdf
3. Politics
a. Uniqueness: Tax reform won’t pass – no political capital, lobbying, midterm elections
b. Link: Winners win – Bush will spin the plan as a legislative victory giving him fringe votes on agenda issues.
Ornstein, 01 [Norman, Roll ZCall, 9/10/02, L/n)
c. Permanent tax cuts risks massive financial instability – trade deficits will impact the global economy
Modigliana and Solow, noble prize winners in economics 4/19/2001 [International Herald Tribune, lexis]
d. Cutting subsidies is key to global economic growth
The Times, ’03 (9-10, Lexis)
e. Impact is global nuclear war
Mead ‘92
4. Hegemony Bad
a. US Heg causes proliferation, terrorism, and w.m.d. Backlash
b. Resentment of American power causes terrorism
Resentment of American power causes terrorism
Dandler and Lindsey 2, 2003) (Ivo and James, Senior Fellows, Brookings Foreign Policy Probram, Beckingham Foreign Policy Program. Brookings Review, January 1)
5. Solvency
a. Alt Causality – CTBT
Balan R. Ayyar, Major, USAF, April 1999, (Air command and staff college, the impact of the comprehensive test ban treaty on nuclear non-proliferated and American society. nuke,/nuce/control/ctbt/news/99-007.pdf, date accessed July 3rd 2005)
b. Alt Cause – the ICC
William Nash, retired Army general, commanded armored brigade in Operaton’s Desert Storm, former regional UN administrator in Kosovo, Fellow @Harvard’s John F. kennedy School of Government, American Academy of Arts and Sciences, 2000, (American academy of Arts and Sciences, the ICC and the Deployment of US Armed Forces, , date accessed July 3rd 2005)
c. Hegemony inherently engenders terrorism
Hoffman, 03 (Buttenwieser University Professor at Harvard University. Sheriff and Missionary, in The Imperial Tense: Prospects and Problems of American Empire, edited by Andrew J. Bacevich)
Westwood SS Negative
T- search with probable cause
Search- the intent of finding evidence of a criminal activity by US law. Black law dictionary.
Without – in the absence of. American Heritage Dictionary 04.
Violation- aff no deal with searches with probable cause.
Standard-
1. predicable limits
2. ground
3. extra T bad
voter.
Immigration Clogging DA
A. Uniqueness- US has maritime strength now. Johnson 10/3/05
B. Link- plan opens a floodgate for immigration. Barta (magna cum laude New York University 96)
C. Internal link- Mass immigration diverts maritime resources and national security. Bach and Maguire- Nov. 6, 02 (cgi-bin/index.cgi?id=181&display=1)
D. Maritime security and trade are key to the global economy. Tangredi 02 (ndu.edu/inss/book/books_2002/Globalizaiton_and_maritime_power_dec_02/ole_intro.htm)
E. Economic collapse leads to global nuclear war destroying all life on earth. Bearden 2000 (pdf%20documents/epwoutofboxbriefs.pdf)
Gay Rights DA
Unique link- HIV exclusion was motivated by anti-gay legislation. The plan will be seen as an expansion of gay rights. Osuna- Houston Journal of International law, fall 93
Liberation of gay rights solves oppression. Tatchell.
Winston Churchill KO Negative
T
Authority must be decreased as a whole
US = three branches
C. Standards
1. Ground
2. Education
3. Predictability
D. VFE
A. The action of asking for the ballot for the reason of nuclear war brings the bombs into a gray area where it is unspeakable because we do anything we can to avoid a war, even if it is just textual. The entirety of society is placed into a permanent duck and cover scenario in which we wait for the sovereign to come and help us.
Chaloupka 92 (KNOWING NUKES, p. 8)
B.
1. This repression of nuclearism and creation of mental laws in which nuclear war is banned and that we must avoid it at all costs causes us to gain a secret and invisible desire for nuclear annihilation. Even if we don’t want nuclear war, we act like we do by preparing for it, which twists out of control.
Chaloupka 92 (p. 61-62)
2. This focus on survival and not life creates a society of folk secluded into bubbles, which is the ultimate sign of the degradation of a species.
Baudrillard 95 (Semiotican, America, pg. 43-44)
3. The bomb acts as a panopticaon of sorts where a politicized threat is created and people begin to discipline themselves based upon the nonexistent gaze of the bomb.
Chaloupka 92 (KNOWING NUKES, p. 39)
C. Alt – mock the bomb – stop worrying to overcome problems – discursive flows of power – post modern activists
Chaloupka 92
Fiat is a form of normative legal thought, which attempts to make changes, is so far out of touch with reality that none of these changes will ever occur
Schlag 91 (139 U. Pa. L. Rev. 801, lexis)
Case
A. Conventional idealizations of power such as the affirmative conceptions of a state centered concentration of power creates a “discursive prison house” for all subordinated groups from which there is no chance of resistance. This assumption functions as a barrier between the subject and the possibility of alternative by allowing the dominant power structures of self discipline and normalization to continue to be reinscribed.
White 92 (“The Faces of Otherness,” Cornell Law Review)
The process of normalization poses a great danger – attempts to administer a better quality of life, through management of populations establish the means for the surveillance and regulation of everyday life. The pervasiveness of this disciplinary power brings us face to face with the possibility of our own annihilation - only a thinking practiced as dissent can subvert the current understanding of our subjectivity that is constituted and managed by existing configurations of power.
Bernauer 90 (MICHEL FOUCAULT, FORCE OF FLIGHT, p. 141-2)
This biopolitical regulation enables the worst forms of violence – as the individual is inserted into larger mechanisms of control, entire populations are mobilized for warfare and genocide.
Foucault 78 (THE HISTORY OF SEXUALITY: VOLUME 1, p. 136-137)
CIA has no credibility – Iraq
Woodward BB Negative
Miers DA
Miers may or may not be confirmed
WSJ Oct 19
If conservatives loose trust in Bush they will demand a more conservative canidate
Bolton, Alexander, The Hill, Oct 3 05
Liberal Court decisions make the court a target – especially b/c it will be Roberts 1st ruling
Stephenson, Donald, Campaigns and the Court 1999
Harriet Miers will uphold Roe v. Wade
LA Times, Oct 5
Right to choice is necessary for social equality: woman cannot compete without control of their reproductive lives
Banks, Chris. Akron Law Review 1999
Patriarchy is the roote cause of violence, rape and war
Reardon, Sexism and the War System, 1985
Congress CP
The United State Congress wil pass legislation that the government has not authority to search w/o reasonable suspicion upon a persons flight and that probable cause is required
Progressive constitutionalism Net Benefit
Solvency - Probable cause is a bad standard
Racism -You can’t stop racism
Round 3
Narratives illegit
They just want the judge to buy it
Kills ground, policy making is the best option for debate
Topicality resolved-Fixed and firm
American heritage dictionary 2000
Role playing has value…
A. Debate is a political activity
B. Debate promotion of policy making is Key
Narrative alternative
Arg. Is real world, stops a negative impact on minorities
A. Aff fails to change the system
B. all talk no action fails
ON CASE
Without using due process bush strips people of power
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