Texas-Dallas » Loehr-Velasquez Neg

Loehr-Velasquez Neg

Last modified by Jacob Tucker on 2013/03/29 19:08

Framework

A. Our framework – the affirmative must defend that the United States federal government should (topic)

B. Our interpretation is crucial to giving meaning to wording of the resolution –

Agent of action – use of a colon makes the USFG the agent of the resolution
Webster’s Guide to Grammar and Writing – 2K http://ccc.commnet.edu/grammar/marks/colon.htm-http://ccc.commnet.edu/grammar/marks/colon.htm
Use of a colon before a list or an explanation that is preceded by a clause that can stand by itself. Think of the colon as a gate, inviting one to go on… If the introductory phrase preceding the colon is very brief and the clause following the colon represents the real business of the sentence, begin the clause after the colon with a capital letter.

2. UNITED STATES FEDERAL GOVERNMENT IS "the executive and legislative and judicial branches of the federal government of the US" FROM WORD NET 1997

3. "Should" denotes an expectation of government action
American Heritage Dictionary – 2K ~[www.dictionary.com~]
3 Used to express probability or expectation

C. Violation – The affirmative does not affirm government action for the purpose of defending the resolution

D. Reasons to prefer –

(_) Establishing the subject of contest – a predictable interpretation of terms in the resolution is a pre-condition for *contest* - the *meaning of terms* must precede their impact turns
Ruth Lessl Shively, Assoc Prof Polisci at Texas A%26M, 2000 Political Theory and Partisan Politics p. 181-2
The requirements given thus far are primarily negative. The ambiguists must say "no
AND
. In other words, contestation rests on some basic agreement or harmony.

Limits are key – their interpretation would allow *limitless* contexts for advocacy that only tangentially relate to the topic. The breadth of political theory magnifies the importance of limits on discourse
Donald S. Lutz, Professor of Polisci at Houston, 2000 Political Theory and Partisan Politics p. 39-40
Aristotle notes in the Politics that political theory simultaneously proceeds at three levels—discourse
AND
the theory, not in the moral vision of the non-theorist.

(_) Collective decision-making – although cumbersome, collectivism is the only objective form of decision-making on issues like the plan – their calculus is founded within naïve self-interest and eliminates impartial deliberation
Thomas A. Spragens, Professor of Polisci at Duke, 2000 Political Theory and Partisan Politics p. 90-1
In another equally important respect, however, Plato was, as a consequence of
AND
, is no small contribution to the democratic enterprise of self-governance.

(_) Arguments about the consequences of institutional adoption are part of a revolutionary conception of the political that re-invigorates citizen agency
Adolf G. Gundersen, Assoc Prof Polisci at Texas A%26M, 2000 Political Theory and Partisan Politics p. 108-9
Will deliberation work the same way among ordinary citizens? Yes and no. Yes
AND
in other words, must be resuscitated as an allegiance to democratic deliberation.

Irigaray

The Aff begins with a speech from the privileged position of the phallocentric economy. Their 1ac forgets to discsuss the original starting point of social relations which is the subjugation of the feminine
Irigaray ’4
(Luce, femme fatale An ethics of sexual difference pg. 10-11)
In order to distance oneself, must one be able to take? To speak
AND
to the power of the maternal-feminie which he diminishes or destroys.

The forgetting of sexual difference invites the worst genocide in history. We must recognize our historical place and move beyond the phallocratic roles that structure our society. This is crucial to overcoming the murderous divides among populations
Irigaray 91 - French feminist, philosopher linguist cultural theorist
(Luce, "Equality or Different?" in the Irigaray Reader edited by Margaret Whitford pg. 32-33)
Demanding equality, as women, seems to me to be an erroneous expression of
AND
mutation, in which life is in danger for a variety of reasons.

Vote negative to reject the politics of aff and in order to inhabit the silence of the 1ac- our alternative begins with sexual difference as the point of departure from the dominate culture- this is crucial to avoiding the erasure of feminine subjectivity of the aff and the squo – our alternative solves 100% of the aff because ending the exploitation of women is crucial to recasting the social order
Franks 3 - doctoral candidate oxford university
(Mary Anne, Obscene Undersides: Women and Evil between the Taliban and the United States Hypatia 18.1)
In This Sex Which is Not One (1985) Irigaray allows herself to imagine
AND
fighting back in ways that the West is not yet able to recognize.

QER

Text: The Department of Energy should include ~[the advocacy of becoming like suns~] in the 2013 Quadrennial Energy Review.
The process is key - Inclusion of the plan in the QER facilitates dialog and market confidence while preventing crippling agency fragmentation.
Moniz, 12
~[Ernest, the Cecil and Ida Green Professor of Physics and Engineering Systems and Director of the Energy Initiative at the Massachusetts Institute of Technology. He served as Under Secretary of the Department of Energy and as Associate Director for Science in the Of½ce of Science and Technology Policy in the Executive Of½ce of the President during the Clinton administration. He currently serves on the President’s Council of Advisors on Science and Technology, Stimulating Energy Technology Innovation, Daedalus, 141:2, 81-93, http://dx.doi.org/10.1162/DAED_a_00148-http://dx.doi.org/10.1162/DAED_a_00148~]
It should come as no surprise that I do not have the answers for how
AND
sector with the increased confidence needed to make sound clean energy investment decisions.
Including the plan in the QER creates momentum for a govern-wide consensus and prevents policy fragmentation. Rushing undermines industry confidence and guts solvency.
Moniz, 12
~[Ernest, the Cecil and Ida Green Professor of Physics and Engineering Systems and Director of the Energy Initiative at the Massachusetts Institute of Technology. He served as Under Secretary of the Department of Energy and as Associate Director for Science in the Of½ce of Science and Technology Policy in the Executive Of½ce of the President during the Clinton administration. He currently serves on the President’s Council of Advisors on Science and Technology, Stimulating Energy Technology Innovation, Daedalus, 141:2, 81-93, http://dx.doi.org/10.1162/DAED_a_00148-http://dx.doi.org/10.1162/DAED_a_00148~]
Given the magnitude of the task, pcast recommended in 2011 that the doe carry
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coordinated government wide actions that earn decent buy-in from major stakeholders.

Elections

Romney numbers are sliding – Obama has the edge in tipping point states and nationally.
Silver, 9-20
~[Nate, Sept. 19: A Wild Day in the Polls, but Obama Ends Up Ahead, 538, NYT, 9-20-2012, http://fivethirtyeight.blogs.nytimes.com/-http://fivethirtyeight.blogs.nytimes.com/~]
There are also going to be some outliers — sometimes because of unavoidable statistical variance
AND
or 2 percent of the vote will go to third-party candidates.)

Romney campaign politicizes the plan to target vital swing votes.
Levine, 12
~[Steve, the author of The Oil and the Glory and a longtime foreign correspondent, How dirty is Romney prepared to get to win election?, Foreign Policy, 6-13-2012, http://oilandglory.foreignpolicy.com/posts/2012/06/12/how_dirty_is_romney_prepared_to_get_to_win_election-http://oilandglory.foreignpolicy.com/posts/2012/06/12/how_dirty_is_romney_prepared_to_get_to_win_election~]
Is Barack Obama sufficiently dirty to win re-election? Not according to presumptive
AND
in eight years’ turned out to be an applause line," Yergin noted.
Romney tanks ’reset’ with Russia collapsing relations.
The Economist, 9-1
~[Romney Could Screw Up US Relations With Russia, 9-1-2012, http://www.businessinsider.com/mitt-romneys-foreign-policy-chops-come-into-light-2012-9-http://www.businessinsider.com/mitt-romneys-foreign-policy-chops-come-into-light-2012-9~]
Mitt Romney, the Republican candidate in the US presidential election, has indicated that
AND
a narrative that portrays Russia as targeted by malevolent, interfering Western powers.

US-Russian relations are critical for global security, preventing proliferation, sustaining US leadership and averting nuclear war.
Allison and Blackwill 10-30-11 Graham Allison, Director, Belfer Center for Science and International Affairs; Douglas Dillon Professor of Government; Faculty Chair, Dubai Initiative, Harvard Kennedy School, Robert D. Blackwill, International Council Member, Belfer Center for Science and International Affairs "10 Reasons Why Russia Still Matters"http://belfercenter.ksg.harvard.edu/publication/21469/10_reasons_why_russia_still_matters.html
That central point is that Russia matters a great deal to a U.S
AND
.S. success, or failure, in advancing our national interests.

AT Bataille

Public policy-making requires suspension of academic unconstrained search for truth—if they want their ontological arguments to matter, they have to play the policy-making game.
Dan W. Brock, Professor of Philosophy and Biomedical Ethics at Brown University, 1987 ("Truth or Consequences: The Role of Philosophers in Policy-Making," Ethics, Volume 97, July, Available Online via JSTOR, p. 787)
When philosophers become more or less direct participants in the policy-making process and
AND
why did they enter the public domain? What are they doing there?

A focus on ontological questions condemns real people to death—their fascination with Being trades off with a focus on the human beings effected by government policies.
John D. Caputo, David R. Cook Professor of Philosophy at Villanueva University, 1993 (Against Ethics: contributions to a poetics of obligation with constant reference to deconstruction, Published by Indiana University Press, ISBN 0253208165, p. 70)
That would mean you cannot have an obligation to Being or the Spirit or the
AND
remember. Replace it with a mnemo-technique for remembering proper names.

Your over-determination of the subject is a false claim that supports destructive politics
Graham, 99
(P. "Heidegger’s hippies" http://www.philgraham.net/HH_conf.pdf-http://www.philgraham.net/HH_conf.pdf ~[accessed 02/19/09~])
I argue that the "problem of the subject" is a largely synthetic,
AND
subject’ becomes less a substantive intellectual problematic and more a theoretical red herring.

Their argument devolves to nihilism for the sake of criticism
Land 92
(Nick, theorist and journalist The Thirst for Annihilation: Georges Bataille and Virulent Nihilism an Essay in Atheistic Religion pg. 3-4)
The importance of Hegel to Bataille is not immediate. It stems from the character
AND
its inherent potentiality for malfunction, but to excavate the euthanasia it prohibits.

Bataille cannot be translated into a transgression – their aff inevitably fails
Land 92
(Nick, theorist and journalist The Thirst for Annihilation: Georges Bataille and Virulent Nihilism an Essay in Atheistic Religion pg. 73)
The name ’Bataille’ could easily mislead us. It might seem, for instance,
AND
as a dark shaft of inavowable impersonality; Literature is itself a crime.

The aff cannot found a productive politics- it’s syncretic approach collapses into totalitarianism
Boldt- Irons 95
(Leslie Anne On Bataille: Critical Essays pg.4)
A second early and noteworthy response may be found in Sartre’s article "Un Nouveau
AND
from various points of departure, thus once again refusing linearity and system.

Failure to tame our desire leads to expenditure without reserve which reifies capitalism and maintains a system of thought which makes their impacts inevitable
Shaviro 2K8
(Steven, Professor of English at Wayne State "Capitalism, Consumerism, and Waste" http://www.shaviro.com/Blog/?m=200807-http://www.shaviro.com/Blog/?m=200807 ~[accessed 01/12/09~])
Finally, this crazed consumerism is the way that the capitalist mode of production manages
AND
situation by indulging in another round of shopping, purchasing, and consuming.

Over-determining ontology/epistemology robs the alternative of its transformative potential
Owen, 2K2
(David, Reader in Political Theory at the University of Southampton "Re-orienting International Relations: On pragmatism, pluralism and practical reasoning" Millennium 31)
The first danger with the philosophical turn is that it has an inbuilt tendency to
AND
into the promotion of the pursuit of generality over that of empirical validity.

NDT Round 3: T Restrictions Not Regulations

Interpretation - Restrictions on production must mandate a decrease in the quantity produced
Anell 89
Chairman, WTO panel "To examine, in the light of the relevant GATT provisions, the matter referred to the CONTRACTING PARTIES by the United States in document L/6445 and to make such findings as will assist the CONTRACTING PARTIES in making the recommendations or in giving the rulings provided for in Article XXIII:2." 3. On 3 April 1989, the Council was informed that agreement had been reached on the following composition of the Panel (C/164): Composition Chairman: Mr. Lars E.R. Anell Members: Mr. Hugh W. Bartlett Mrs. Carmen Luz Guarda CANADA - IMPORT RESTRICTIONS ON ICE CREAM AND YOGHURT Report of the Panel adopted at the Forty-fifth Session of the CONTRACTING PARTIES on 5 December 1989 (L/6568 - 36S/68) http://www.wto.org/english/tratop_e/dispu_e/88icecrm.pdf

The United States argued that Canada had failed to demonstrate that it effectively restricted domestic
AND
to what the situation would be in the absence of all government measures.
The plan changes regulations on how energy is produced, rather than restricting how much is produced
Reasons to prefer
Limits – Plan conflates the topic, including regulations makes debate impossible.
Doub 76
Mr. Doub is a principal in the law firm of Doub and Muntzing, He was a member of the U.S. Atomic Energy Commission in 1971 - 1974. He served as a member of the Executive Advisory Committee to the Federal Power Commission in 1968 - 1971 and was appointed by the President of the United States to the President's Air Quality Advisory Board in 1970. He is a member of the American Bar Association, Maryland State Bar Association, and Federal Bar Association. He is immediate past Chairman of the U.S. National Committee of the World Energy Conference and a member of the Atomic Industrial Forum. He currently serves as a member of the nuclear export policy committees of both the Atomic Industrial Forum and the American Nuclear Energy Council. Energy Regulation: A Quagmire for Energy Policy¶ Annual Review of Energy¶ Vol. 1: 715-725 (Volume publication date November 1976)¶ DOI: 10.1146/annurev.eg.01.110176.003435LeBoeuf, Lamb, Leiby & MacRae, 1757 N Street NW, Washington, DC 20036 ¶ http://0-www.annualreviews.org.library.lausys.georgetown.edu/doi/pdf/10.1146/annurev.eg.01.110176.003435¶

FERS began with the recognition that federal energy policy must result from concerted efforts in
AND
agencies. Unfortunately, this example is the rule rather than the exception.
Precision - Only direct prohibition is a restriction – key to predictability
Sinha 6
Supreme Court of India Union Of India & Ors vs M/S. Asian Food Industries on 7 November, 2006 Author: S.B. Sinha Bench: S Sinha, Mark, E Katju CASE NO.: Writ Petition (civil) 4695 of 2006 PETITIONER: Union of India & Ors. RESPONDENT: M/s. Asian Food Industries DATE OF JUDGMENT: 07/11/2006 BENCH: S.B. Sinha & Markandey Katju JUDGMENT: J U D G M E N T [Arising out of S.L.P. (Civil) No. 17008 of 2006] WITH CIVIL APPEAL NO. 4696 OF 2006 [Arising out of S.L.P. (Civil) No. 17558 of 2006] S.B. SINHA, J : http://www.indiankanoon.org/doc/437310/

We may, however, notice that this Court in State of U.P
AND
the word prohibiting or some such word, to bring out that effect."
Voter for competitive equity and education.

NDT Round 3: CIR Politics

Obama devoting every ounce of PC to CIR – crucial to overcome obstacles now
CT Post 3/28 (“Immigration reform gaining support in Congress,”Gary Martin, http://www.ctpost.com/local/article/Immigration-reform-gaining-support-in-Congress-4393187.php)
WASHINGTON A Republican Party in desperate search for relevance to Latino voters. An
AND
experiences along the way," said Frank Sharry, America's Voice executive director.
Plan is a change to energy policy and that tanks Obama’s capital – it’s the only way to successfully implement solve the plan
Korn and Spitzer 8
(Douglas, Staff at Irving Place Capital, and Andrew, Staff at Harris Williams & Co., “Combustible” Mergers and Acquisition Roundtable, JL)

Mergers & Acquisitions: Is it even possible, though, to¶ completely eliminate
AND
push through an energy policy that tries to accomplish what either candidate proposed.
Impact is economic collapse
Milller 2/7 – former two-term elected Kentucky State Treasurer, Miller held several other senior positions in state and federal government, including serving in Kentucky Governor Steve Beshear’s Cabinet as Secretary of Finance and Administration, as Deputy Chief of Staff of the U.S. Department of Energy, and as Legislative Director for Congressman Jim Cooper (Jonathon, “Why Our Economy Demands Immigration Reform”, http://www.huffingtonpost.com/jonathanmiller/immigration-reform-economy_b_2639092.html,
When it comes to restoring strong, long-term growth in our nation's economy
AND
a better economic climate and more job opportunity for all of our country.
Global economic crisis causes war—strong statistical support proves
Jedediah Royal, Director of Cooperative Threat Reduction at the U.S. Department of Defense, 2010, “Economic Integration, Economic Signaling and the Problem of Economic Crises,” Economics of War and Peace: Economic, Legal and Political Perspectives, ed. Goldsmith and Brauer, p. 213-215
Less intuitive is how periods of economic decline may increase the likelihood of external conflict
AND
such, the view presented here should be considered ancillary to those views.

NDT Round 3: Courts CP

Text: The United States Federal Appeals Court for the District of Columbia should issue a permanent injunction against restriction in Title V Section 3504 of the Energy Policy Act of 2005 that require Secretary of the Interior approval for the production of wind and/or solar power in the United States.

DC Court of appeals can shape energy policy rulemaking.
Hunt 12 (Gary L, President, TCLABZ, a pure play B2B predictive energy analytics platforms company. He previously served as VP-Global Analytics & Data at IHS/CERA; Global Division President at Ventyx, now an ABB company; and Assistant City Manager-Austin Texas responsible for Austin Energy and Austin WaterSetting Limits on Federal Environmental Rulemaking, Posted August 23, 2012)
A Federal Appeals Court for the District of Columbia threw out the US EPA Cross
AND
Cir., No. 11-1302, 8/21/12.
The D.C. circuit has jurisdiction over federal agencies and empirically strikes down regulations
Adler 2K
Jonathan Adler is a senior fellow in environmental policy at the Competitive Enterprise Institute, a nonpartisan, nonprofit research and advocacy organization in Washington, D.C., where he previously served as Director of Environmental Studies P o l i c y S t u d y N o . 2 6 9 No Intelligible Principles: The EPA's Record in Federal Court http://reason.org/files/3217ecd7bf37b4ea6aa81d4dc9f59a26.pdf
The U.S. Court of Appeals for the District of Columbia Circuit is
AND
, across the board, will fail to get through each hoop.41

NDT Round 3: Sexual Difference K

1.) Wyoming begins with a speech from the privileged position of the phallocentric economy. Their 1ac forgets to discusses the original starting point of social relations which is the subjugation of the feminine
Irigaray 2k4
(Luce, femme fatale An ethics of sexual difference pg. 10-11)
In order to distance oneself, must one be able to take? To speak
AND
to the power of the maternal-feminie which he diminishes or destroys.

To speak is never neutral and Wyoming’s forgetting of sexual difference is part of the historical legacy of papering over sexual difference through the assertion of a universal paradigm for the liberation of the oppressed
Deutscher, professor in French philosophy and gender at Northwestern, 2K2
(Penelope, A Politics of Impossible difference)
Irigaray's conclusion is that this long history inflects the terms in which women are able
AND
they have nothing more to say or do as women" (166).

The affirmative may pretend to be a gender neutral history of colonial expansion but that historiography still relies upon a masculine methodology that must be interrogated and rejected
Vieira Powers, Northern Arizona University, 2K2
(Karen, “Conquering Discourses of “Sexual Conquest”: Of Women, Language and Mestizaie” Colonial Latin American Review Vol. 11, No. 1)
Another critical dilemma for historians writing about women is how to avoid the anachronistic imposition
AND
minded historians could become as commonplace as the masculinist language we now use.

The forgetting of sexual difference invites the worst genocide in history. We must recognize our historical place and move beyond the phallocratic roles that structure our society. This is crucial to overcoming the murderous divides among populations
Irigaray 91 - French feminist, philosopher linguist cultural theorist
(Luce, “Equality or Different?” in the Irigaray Reader edited by Margaret Whitford pg. 32-33)
Demanding equality, as women, seems to me to be an erroneous expression of
AND
mutation, in which life is in danger for a variety of reasons.

Vote negative to reject the politics of aff and in order to inhabit the silence of the 1ac- our alternative begins with sexual difference as the point of departure from the dominate culture- this is crucial to avoiding the erasure of feminine subjectivity of the aff and the squo – our alternative solves 100% of the aff because ending the exploitation of women is crucial to recasting the social order
Franks 3 - doctoral candidate oxford university
(Mary Anne, Obscene Undersides: Women and Evil between the Taliban and the United States Hypatia 18.1)
In This Sex Which is Not One (1985) Irigaray allows herself to imagine
AND
fighting back in ways that the West is not yet able to recognize.

NDT Round 3: Solvency 1NC

Forced de-regulation of energy restrictions on tribal lands under the guise of furthering tribal sovereignty is a Trojan horse that will be exploited by energy corporations to usher in a new wave of colonialism
Awehali '6
(Brian, independent journalist, Native Energy Futures Renewable Energy, Sovereignty, and the New rush on Indian Lands, http://loudcanary.com/2006/06/05/native-energy-futures/ [2/5/13])
The trust relationship between the US and native tribes has been a crucial way for
AND
than it does the advent of any kind of brave new sovereign era.
Wind deployment slowing now – sales and construction at low point
Gray 12 (Tyson-Lord J., Ph.D candidate in Ethics and Society with a focus in Environmental Ethics, Vanderbilt University, “Beauty or Bane Advancing an Aesthetic Appreciation of Wind Turbine Farms, http://www.contempaesthetics.org/newvolume/pages/article.php?articleID=651)

In 2009, the American Wind Energy Association conducted a survey of small wind turbine
AND
a considerable decline from the more than 10,000 megawatts in 2009.

Turbines cause water pollution and kill biodiversity
Rosenbloom 6 (Eric Rosenbloom is a science editor and writer, September 2006, “A problem with wind power”, http://www.aweo.org/problemwithwind.html)

Size Pictures from the energy companies show slim towers rising cleanly from the landscape or
AND
, who will now seek some other ~~as yet unspoiled~~ retreat.

Ecosystems are interlinked, species loss and water pollution are both scenarios for extinction
U.S. Department of State, April 2001, “The Problem of Biodiversity,” International Information Programs, http://usinfo.state.gov/products/pubs/biodiv/
In addition, whole ecosystems, such as riverine estuaries, coral reefs, montane
AND
generations, before the richness of life on this planet is diminished forever.

NDT Round 3: Case 1NC

Your Jacques evidence’s romaniticization of Native American epistemology replicates the logic of European colonialism and denies tribal self-determination
Walker, Bradley and Humphrey 12
(Jana L., Indian Law specialist in New Mexico, Jennifer L., Associate Attorney Stetson Law Offices NM, Timothy J., Law and Tech specialist at Stetson, A Closer Look at Environmental Injustice in Indian Country, Seattle Journal for Social Justice 1.2)
Significantly, the role of Tribes and their views and concerns are often conspicuously absent
AND
the special circumstances informing the environmental justice concerns of Tribes and Indian country.
The method by which the 1ac posits indigenous epistemology is a Trojan horse for the western epistemic frame that merely extends Eurocentric forms of knowledge production in the space of the debate
Aikenhead and Ogawa 07
(Glen S., Univ. of Saskatchewan, and Masakata, Kobe Univ. Indigenous knowledge and science revisited, Cultural Studies of Science Education, http://www.usask.ca/education/people/aikenhead/IKS_revisited.pdf [2/5/13])
The fallacy of binary opposites, that is, treating Indigenous knowledge systems and Eurocentric
AND
, while the phrase ways of living in nature fits an Indigenous context.

Aff can’t solve- fed government violates sovereignty in multiple ways
Fershee, 04
(Joshua, Associate Davis Polk & Wardwell, JD Tulane, From Self-Determination to Self-Domination: Native Americans, Western Culture and the Promise of Constitutional-Based Reform, Valparaiso University of Law Review, 39.1, http://scholar.valpo.edu/cgi/viewcontent.cgi?article=1231&context=vulr [9/22/12])
The current era, Self-Determination, has been in place since 1961.
AND
the tools to reverse the centuries-long cycle of poverty and despair.
Marginalization of Native American’s is inevitable- Americans won’t change even though they know it is wrong
Fershee, 04
(Joshua, Associate Davis Polk & Wardwell, JD Tulane, From Self-Determination to Self-Domination: Native Americans, Western Culture and the Promise of Constitutional-Based Reform, Valparaiso University of Law Review, 39.1, http://scholar.valpo.edu/cgi/viewcontent.cgi?article=1231&context=vulr [9/22/12])
As it should be, it is no longer acceptable (and there are consequences
AND
to understand mat these things are offensive, yet their use continues."'
Wind construction destroys Native American culture
Raftery, 12
(Miriam, EIGHT TRIBAL NATIONS MOURN LOSSES AT OCOTILLO WIND SITE, East County Magazine, http://eastcountymagazine.org/node/10162 [2/22/13])
A sliver of moon and a spangle of stars shone down on the Ocotillo desert
AND
of roads being built, power lines, a substation, and more.
Expansion of green economy on native lands leads to the desecration of native Americans
Raftery, 12
(Miriam, EIGHT TRIBAL NATIONS MOURN LOSSES AT OCOTILLO WIND SITE, East County Magazine, http://eastcountymagazine.org/node/10162 [2/22/13])
These are supposed to be protected lands under state and federal law, a place
AND
wheel, and the removal of the amazing geoglyphs along the Colorado River.

NDT Round 3: Counterplan 2NC

Overview
CP solves 100% of the case – DC district court has the ability to shape energy policy in the context of the agencies that control energy policy. Extend the Hunt evidence, not only does it provide multiple warrants that prove spillover of the decision.
DC circuit has exclusive jurisdiction over agency rulemaking.
Golden, 10
[John, Assistant Professor, University of Texas School of Law, The Federal Circuit and the D.C. Circuit:
Comparative Trials of Two SemiSpecialized Courts, George Washington Law Review, April 2010, 78:3]
The D.C. and Federal Circuits both provide examples of relatively new experiments
AND
1973 through 1980, to 5629 in fiscal years 1981 through 1988.11
Injunctions solve better – easier to enforce and carry heavy penalties.
Smith, 7
[James, injunctions for Violations of Environmental Laws: Will the Courts "Balance the Equities"?, BMP, LLP, 2-28-7, http://www.bmpllp.com/publications/81-injunctions-violations-environmental-laws-will-courts-balance-equities]
It is not surprising that governmental entities often plead for injunctive relief in environmental
AND
to threaten or obtain incarceration via injunctive relief than through formal criminal charges.

AT: Do Both
Links to politics – Only PRIOR court action solves – perm is simultaneous.
Garrett and Stutz, 2005 (Robert T. Garrett and Terrence Stutz, Dallas Morning News, “School finance now up to court Justices to decide if overhaul needed after bills fail in Legislature” lexis)
That could foreshadow the court's response to a chief argument by state attorneys – that
AND
must be done, which allows politicians to say their hands are tied."

Justices will stay one step behind legislatures-cooperative action doesn’t let Congress tie their hands
Helmke & Rosenbluth 9
[Gretchen Helmke is Associate Professor of Political Science at the University of Rochester, AND Frances Rosenbluth is professor of political science, Yale University, “Regimes and the Rule of Law: Judicial Independence in Comparative Perspective,” Annual Review of Political ScienceVol. 12: 345-366 (Volume publication date June 2009, EBSCO]
A second set of explanations for judicial independence assumes that legislators make a deliberate choice
AND
future range of maneuver by staying within the broad bands of public support.
2. The perm eliminates position taking opportunities-
A) Politically unpopular court decisions allow politicians to posture in opposition to the Court’s ruling—the perm fiats away this ability to politically profit from the CP-means only the CP boosts PC
Keith E.Whittington, politics at Princeton University,2007 (Political Foundations of Judicial Supremacy, p. 137-39)
Independent and active judicial review generates position-taking opportunities by reducing the policy responsibilityof
AND
conscience, while allowing legislators to reap the electoral gains of position taking.

Mootness – the CP wont happen in a world of the perm
Lee, 1992
[Evan Tsen Lee, Associate Professor, University of California, Hastings College of the Law, Harvard Law Review, January, lexis]
ONE of the major impediments to the judicial protection of collective rights 1 is the
AND
entitlements to important collective rights fail before courts can give them full consideration.
Even if the ruling happens, it would not make a constitutional claim.
Lee, 1992 (Evan Tsen Lee, Associate Professor, University of California, Hastings College of the Law, Harvard Law Review, January, lexis)
Doubtless some will point to Supreme Court opinions characterizing decisions in moot cases as advisory
AND
would pose no independent constitutional obstacle to deciding moot cases on the merits.
NB
No blame – Obama hasn’t appointed a judge.
Biskupic, 12
[Joan, Reporter for Reuters, Fri Oct 5, 2012 http://www.reuters.com/article/2012/10/05/us-usa-obama-appealscourts-idUSBRE89405E20121005]
Notably, President Obama has not added a single judge to the powerful U.
AND
domestic agenda and has been a stepping-stone for Supreme Court justices.
Despite de facto legislative force – circuit courts don’t get coverage.
Wittes, 10
[Benjamin, Senior Fellow, Governance Studies Robert M. Chesney, Nonresident Senior Fellow, Governance Studies Rabea Benhalim, Legal Fellow, Governance Studies The Brookings Institution, The Emerging Law of Detention: The Guantánamo Habeas Cases as Lawmaking Legal Architecture for the War on Terror, Guantánamo, Terrorism, Courts, http://www.brookings.edu/papers/2010/0122_guantanamo_wittes_chesney.aspx.]
President Obama’s decision not to seek additional legislative authority for detentions at Guantánamo Bay,
AND
—are writing for the military and for the nation as a whole.

Condo

Key to negative flexibility – which is key to fairness because it offsets aff infinite prep, last speech and moral high ground like racism and genocide
2. Increases aff strategic thinking – the 2A has to decide where to best spend time
3. Finds the best policy option
a. Most real world – bills get rejected in congress all the time and the status quo is always an option for any policymaker, no reasonable policymaker should HAVE TO cause between 3 nuclear wars or 4 nuclear wars instead of doing nothing.
b. Real world is key to education because it’s the only thing that gets taken beyond each round and
education outweighs fairness because the rules were made to maximize education, if we find a way to increase education, we should restructure the rules
4. Counter interpretation- we get 2 condo advocacies, we avoid their regress abuse standards and capture our real world standards.
Interp arbitrary
No offense to 1 condo

5. Err neg on theory, aff biases
6. The 2NR checks abuse, we’ll go for one reason to reject the aff, they’ll have the last speech to say why not.
7. It’s a perfectly reciprocal world – the aff has equal amount of offense
8. Framework arguments are not multiple advocacies – the 1AC has two portions to it: the assumption that legislation is the best way to solve and the specific plan that it proposes
9. Conceding neg framework and going for impact turns would allow the aff to choose which world to debate in which solves all their offense
10. Perms justify and are net worse – aff can make five three word arguments that are all functionally new advocacies

1. Not a voter- reject the argument not the team
  Agents
Competition checks- The fact that the CP is net beneficial proves that the agent of enactment is an important part of the plan.
2. Counter- Interpretation – negative
3. Best policy option- best policy option comes from a different area of the government enacting plan. Finding best policy is key to education.
4. The affirmative is responsible for its agent- The aff has lots of time to think about every part of their plan – they should be responsible for picking the best agent possible.
5. Reciprocal- the affirmative is able to claim advantages from whatever agent they choose so the negative should be able to test that agent with a counterplan.
7. Literature Checks – The literature exists and the counterplan exists to check if the aff is preferable over all alternatives – part of that is testing the agent
8. Err neg-persuasion outweighs the time benefit of the block
9. Reject the argument not the team-maintains creativity.

AT: Certainty
Uncertainty is inevitable and regular part of doing business.
Anderson, 12
[Jared, AOL Energy, The flawed U.S. energy policy discussion, Smart Grid News, 9-18-12, http://www.smartgridnews.com/artman/publish/Business_Policy_Regulation/The-flawed-U-S-energy-policy-discussion-5119.html#.UT6_pxxwrh4]
Are the energy industry and the business of politics incompatible? It could be the
AND
to deal with the political and regulatory uncertainty for well over 100 years.
Licensing is THE internal link to certainty.
NEI, 10
Nuclear Energy Institute, "NRC ANNUAL FEE ASSESSMENT FOR SMALL REACTORS," October 2010, http://pbadupws.nrc.gov/docs/ML1103/ML110380260.pdf]
With the advent of new, smaller reactor concepts, utilizing existing or unique active
AND
certainty for the application review process with fewer iterations with more predictable results.

AT: Overturned

SCOTUS doesn’t review DC circuit administrative cases.
LaRoche, 4
[George, is a lawyer and legal scholar, Judicial Politics in the DC Circuit Court, Washington History, Vol. 14, No. 1]
These regulations, of course, precipitate a vast number of lawsuits. By far
AND
C. Circuit may have been the single most important actor among all.

Empirically SCOTUS sides with DC circuit.
Golden, 10
[John, Assistant Professor, University of Texas School of Law, The Federal Circuit and the D.C. Circuit:
Comparative Trials of Two SemiSpecialized Courts, George Washington Law Review, April 2010, 78:3]
Recent empirical work indicates that Supreme Court Justices possess “a clear predisposition . .
AND
203 (describing a thirty-year “duel between Bazelon and Burger”)

Despite the scope – Supreme Court doesn’t review DC.
ENS, 3
[Environmental News Wire, Judicial Nominee Challenged Over Silence, 2-4-2003, http://www.ens-newswire.com/ens/feb2003/2003-02-04-09.asp]
If appointed to the DC Circuit court,
AND
reviewed by the Supreme Court

Supreme Court doesn’t review circuit court cases.
Humphries, 99
[Donald, University of South Carolina, University of South Carolina Scholar Commons, 61:1, 199, p. 207-220]
The courts of appeals have traditionally played a central role in the judicial re-
AND
to have both the first and the final word in the judicial arena.

AT - Do the CP
First, it severs the agent. “The” means whole [USFG].
Merriam-Websters, 2010 (Online dictionary)
used as a function word before a noun or a substantivized adjective to indicate reference to a group as a whole.
Courts can’t reduce—they rely on acquiescence.
Hanson et al, 2006 (Jon D. Hanson, professor at Harvard Law School; and Adam Benforado, Frank Knox Fellow at Cambridge University, “The drifters: Why the supreme court makes justices more liberal” January/February, online)
It would be a mistake to believe that the only situation that influences justices comes
AND
particular positions in order to improve their chances of promotion within the judiciary.
Reduce means diminish in number.
Merriam Webster Dictionary , 12
To diminish in size, amount, extent, or number <reduce taxes> <reduce the likelihood of war>

‘reduce’ modifies ‘restriction’ – means there must be legislative action
Hill and Hill (Gerald, Executive Director of the California Governor’s Housing Commission, Practice law for more than four decades, Kathleen, M.A. in political psychology from California State University. She was also a Fellow in Public Affairs with the prestigious Coro Foundation) 2005 “restriction” http://legal-dictionary.thefreedictionary.com/restriction
restriction n. any limitation
AND
into the title of each owner.
Violation – Courts don’t reduce – they render unenforceable.
Treanor and Sperling, 93
[William Michael, Associate Professor of Law @ Fordham University, and Gene B., Deputy Assistant to the President for Economic Policy, December, Prospective Overruling and the Revival of "unconstitutional" Statutes, 93 Colum. L. Rev. 1902, Columbia Law Review]
Unlike the Supreme Court, several state courts have explicitly addressed the revival issue.
AND
a statute did not revive does not offer a convincing rationale for nonrevival.
It’s a voting issue –
a. Limits – infinite number of “restrictions” the courts could vacate without removing and leads to tiny AFFs that lack research base.
b. Precision – restriction is a key phrase in the resolution – courts can’t remove them which leads to bad education and research.
c. Ground – allowing tinkering of legislation crushes core negative ground like politics, electricity prices, and supply-related disads and allows AFF to permute counterplans that LEAVE AFF restrictions in place – which is core negative ground.

NDT Round 3: Politics 2NC

Overview
Extend the Miller
Turns the case
Global economic crisis causes war—strong statistical support proves
Jedediah Royal, Director of Cooperative Threat Reduction at the U.S. Department of Defense, 2010, “Economic Integration, Economic Signaling and the Problem of Economic Crises,” Economics of War and Peace: Economic, Legal and Political Perspectives, ed. Goldsmith and Brauer, p. 213-215
Less intuitive is how
AND
interdependent slates. Research
Nuclear war outweighs – evaluate the consequences of extinction from a nuclear explosion first.
Kateb, ‘92
[George Kateb, Professor of Politics, Emeritus, at Princeton University, The inner ocean : individualism and democratic culture, 1992, p. 110-112]
Impact turns the case – makes political advocacy impossible
Martin, ‘2
[Brian Martin, Science, Technology and Society, University of Wollongong, Australia Transnational Foundation for peace and Future Reseach associate, “Activism after nuclear war?,” http://www.transnational.org/SAJT/forum/meet/2002/Martin_ActivismNuclearWar.html, September 3, 2002]

In the event of nuclear war, as well as death and destruction there will
AND
taste of what would be in store in the aftermath of nuclear war.
Nuclear war outweighs genocide
Lang, ‘83
[Berel Lang, Visiting Professor of Letters & Visiting Professor of Philosophy @ Wesleyan University, BA Yale University, PHD Columbia University, “Genocide and Omnicide: Technology and at the Limits,” Nuclear Weapons and the Future of Humanity, 1983, p. 115]

It may seem at first glance that genocide and omnicide have no special causal
AND
on the cultural structures or the ethical norms of that or subsequent times.
Prefer our fast timeframe and impact calculus because they are based on predictions –Even when we are wrong attempts to predict the future are the only way to empower the autonomy necessary to exercise ethical choices.
Kurasawa, 2k4
[Fuyuki, Assistant Professor of Sociology, York University, “Cautionary Tales: The Global Cultural of Prevention and the Work of Foresight,” Constellations Volume 11, Number 4, 2004, http://www.blackwell-synergy.com/doi/pdf/10.1111/j.1351-0487.2004.00389.x]

None of this is to disavow the international community’s rather patchy record of avoiding
AND
must be made, starting with us, in the here and now.

UQ
Bush proves, PC key
Miranda 3/28 (Dr. Jesse, “An Open Letter to all Distinguished Members of Congress,” http://www.patheos.com/blogs/hispanicevangelicalsandthelambsagenda/2013/03/an-open-letter-to-all-distinguished-members-of-congress/)
A Conflict of Interest. We understand the greatest challenge stems not so much from
AND
kicking the can down the street!” Ya basta! Enough is enough!
OB leverage key – providing momentum now, plan can derail it
Parnes and Sink 3/20
(Amie and Justin, Staff at the Hill, “Obama honeymoon may be over” 2013, http://thehill.com/homenews/administration/289179-obama-honeymoon-may-be-over, JL)
The White House disputes any notion that Obama has lost any political capital in recent
AND
Still, Bonjean added, “It’s not looking so good right now.”

Agreement on P2C now
Pace 3/28
(Julie, Staff at AP, “Immigration Reform: Obama pushes for passage” 2013, http://www.trivalleycentral.com/casa_grande_dispatch/national_news/immigration-reform-obama-pushes-for-passage/article_3cdea61a-97c1-11e2-a2d5-0019bb2963f4.html, JL)
The president has, however, privately called members of the Senate working group,
AND
businesses to tougher standards on verifying their workers are in the country legally.¶
Guest worker issues will be resolved by Obama
Whitaker 3-27
[Morgan Whitaker is a writer for MSNBC, “Obama sees ‘enormous progress’ on immigration reform”, 3-27-13, http://tv.msnbc.com/2013/03/27/obama-sees-enormous-progress-on-immigration-reform/]

President Obama says he’s confident that he will be signing immigration reform into law by
AND
fairly, that’s what I think is the most important thing about America.”

Political capital is finite and drives decisionmaking
Schier 9, Professor of Poliitcal Science at Carleton, (Steven, "Understanding the Obama Presidency," The Forum: Vol. 7: Iss. 1, Berkely Electronic Press, http://www.bepress.com/forum/vol7/iss1/art10)
In additional to formal powers, a president’s informal power is situationally derived and highly
AND
Barack Obama – to engage in major ongoing battles to impose his preferences.

Link –
Obama is blamed and costs capital – Solyndra proves
Restuccia 12
(Andrew, Reporter at Politico, “Obama: 'We will not walk away' from clean-energy agenda,” 3/21 http://thehill.com/blogs/e2-wire/e2-wire/217393-obama-we-will-not-walk-away-from-clean-energy)

“You’d think that everybody would be supportive of solar power,” Obama said during
AND
problems and that the administration approved the loan to please Obama’s campaign donors.
Executive action links and magnifies it – requires exercise of unilateral power Obama doesn’t have
Fine and Warber 12
(Jeffrey A. Fine is an assistant professor of political science @ Clemson University and Adam L. Warber is an associate professor of political science @ Clemson University. “Circumventing Adversity: Executive Orders and Divided Government,” Presidential Studies Quarterly 42, no. 2)

Although presidents can use their unilateral powers to shape the policy process directly, in
AND
the cooperative relationship that a president might enjoy with his party in Congress.
Prefer our link analysis - We have three decades of research on the voting preferences on Native American legislation which show it is highly partisan and leads to intense fighting
Conner, 12
(Thaddieus, University of Oklahoma, Revisiting the Politics of Minor Concern: Exploring Voting Behavior on American Indian Legislation in the United States Congress, http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2107823 [3/14/13])
The unique government-to-government relationship that exists between Indian nations and the
AND
unique influence of Indian tribes on the voting behavior of representatives in Congress.
Bipartisanship makes Immigration extremely likely but not inevitable – infighting or backlash collapse it – this is a unique internal link that the turns don’t solve.
Zelizer 3/25 (By Julian Zelizer, professor of history and public affairs at Princeton University. “Seize the immigration deal,”http:www.cnn.com/2013/03/25/opinion/zelizer-immigration-reform/)
(CNN) The stars seem to be aligning for immigration reform.¶ The
AND
the institution once again, as it has done so many times before.
The best study proves the link- Native American legislation will lead to massive partisan fight over passage
Conner, 12
(Thaddieus, University of Oklahoma, Revisiting the Politics of Minor Concern: Exploring Voting Behavior on American Indian Legislation in the United States Congress, http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2107823 [3/14/13])
By far the most compelling evidence was in regards to partisanship. Contrary to conventional
AND
certainly not take the time to form challenging positions to the opposing party.

Passage now is key—any delays derail momentum, and cause supporters to leave
Hesson 3-27
[Ted Hesson is a writer for ABC News, “3 Reasons Why an Immigration Reform Timeline Matters”, 3-27-13, http://abcnews.go.com/ABC_Univision/Politics/reasons-immigration-reform-timeline-matters/story?id=18822563#.UVSnMRyTj30]

A group of Democrats and Republicans working on an immigration reform bill in the Senate
AND
to be unwilling to take a tough vote after that," Fitz said.

NDT Round 3: Case 2NC

NDT Round 3: K 1NR

THEIR UTOPIAN ROLE PLAYING CAUSES THEM TO CONFUSE THEIR ROLES WITH THOSE OF ACTUAL POLICYMAKERS – DISEMPOWERS THEM
KAPPELER 95 (Susanne is an associate professor at al-akhawayn university, “the will to violence: the politics of personal behavior”, pg. 10-11, MT)

Which is why many of those not yet entirely disillusioned with politics tend to engage
AND
our values’ according to the structures and the values of war and violence.
Failure to embrace sexual difference guarantees the genocide of women
Whitford, teaches French at Queen Mary and Westfield College, 91
(Margaret, The Irigaray Reader pg. 23-24)
Irigaray pays tribute to the significance of Simone de Beauvoir for modern feminism, but
AND
identity as women, that there should be womankind as well as mankind.
The affirmatives strategy for economic parity does not focus on the phallocentric economy making it a strategy of inclusion which ensures the continued subordination of women
Fermon 98
(Nicole, Professor political theory at Fordham university, “Women on the Global Market: Irigaray and the Democratic State” Diacritics 28.1 (1998))
Irigaray believes that women can avoid an economic analysis and strategies too simplistically modeled on
AND
re-subject themselves, deliberately or not, to a phallocratic structure."
Butler’s conception of culture presents a limited view of the body that does not displace the negative alternative. Only by focusing on Irigaray’s concept of sexual difference can we understand existance
Deutscher, professor in French philosophy and gender at Northwestern, 2K2
(Penelope, A Politics of Impossible difference)
Perhaps the belief in multiplicity can be supported by Butler's view that western culture is
AND
natural sexual difference. This exploration is the task of the next chapter.
Our argument is not reducible to different sexes good but must be understand as a starting point for universal challenges to oppression in every manifestation – only our alternative is crucial in preventing the violence the 1ac enacts
Schwab, professor of French at Hofstra, 2K7
(Gail, “Reading Irigaray (and Her Readers) in the Twenty-First Century” in Returning to Irigaray edited by Elaine P. Miller and Maria C. Cmitile pg. 36-38)
At this moment, there seem to be no simple and straightforward answers to these
AND
then relations among women and relations among men would necessarily change as well.

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Created by Scott Herndon on 2012/09/22 16:04