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

  1. Forget
  2. No turning back:
  3. 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/
  4. 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/
  5. 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
  6. 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/
  7. 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