2005 St. Mark’s Negative Casebook
A&M Consolidated LM Negative
Bellaire AC Negative
Bishop Guertin OP Negative
Booker T. Washington KC Negative
Bronx Science LV Negative
Caddo GC Negative
Caddo Magnet WK Negative
Calhoun JD Negative
Celebration HD Negative
Chaminade College Prep DD Negative
Chattahoochee ZJ Negative
Chattahoochee ZW Negative
College Prep PS Negative
Colleyville BL Negative
Coppell ISD SC Negative
Creekview AV Negative
Deer Park SB Negative
Denver East VE Negative
Dowling Catholic KN Negative
Dulles HG Negative
East Grand Rapids PT Negative
Edgemont BK Negative
Georgetown Day ZZ Negative
Glenbrook North FF Negative
Glenbrook North FW Negative
Glenbrook South Negative
Greenhill PA Negative
Gulliver Prep RB Negative
Head Royce PK Negative
Hebron MH Negative
Heritage Hall SW Negative
Heritage Hall TD Negative
Jack C. Hayes SS Negative
Jenks LT Negative
Jesuit Dallas OS Negative
Jesuit Sacramento LS Negative
Kinkaid TH Negative
La Costa Canyon Negative
Lakeland AM Negative
Leland LY Negative
Lexington GC Negative
Lexington DS Negative
Loyola HY Negative
MacArthur BC Negative
Maine East PA Negative
Marist DM Negative
Meadows CS Negative
Mercer Island SP Negative
Mills University GW Negative
2005 St. Mark’s Negative Casebook Continued
Montgomery Bell Academy DB Negative
Mountain Brook MF Negative
New Trier DR Negative
Notre Dame MK Negative
Pace Academy CF Negative
Plano Senior BT Negative
Polytechnic KS Negative
Princeton PS Negative
Reagan DM Negative
Round Rock DE Negative
South Point Catholic AS Negative
San Dieguito Academy KO Negative
Saratoga JP Negative
Stratford Academy KR Negative
University Mills Negative
West JP Negative
West JP Negative
Westlake BM Negative
Westminster BS Negative
Westminster WM Negative
Weston SB Negative
Westwood SS Negative
Winston Churchill KO Negative
Woodward BB Negative
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 - LAW.COM
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
- Forget
- No turning back:
- 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/ - 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/ - 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 - 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/ - 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