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Unanswered Korematsu Questions

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If you run Korematsu (Courts), what do you say to XO CP's?

 

What would you run vs a Congress Korematsu (Makes a law that says USFG can't detain based on race)?

 

What would you run vs a XO Korematsu (XO that dismisses XO 9066)?

 

I've hit both of these, and i'm not sure what to say vs them.

Thanks for any help.

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part of my 1ac would be the fact that the case hasnt been overturned is one of the problems

overturning it is key to adv's

enforcement doesnt matter

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Most of the good Korematsu cases have an advantage like court oversight good - deference, "confronting the imperial presidency", and just generic stuff about how the president having the authority to detain and being able to make discretionary judgements is bad. You should probably have some court specific solvency stuff.

 

But the solvency stuff your talking about for the CP is applicable to almost any case. So just answer the CPs the same way as you would with any other case.

 

No solvency (courts key, leave precedent in tact, key to uncover other branches)

Turn the NB (Pres Powers bad, deference bad)

Perm

Etc

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If you run Korematsu (Courts), what do you say to XO CP's?

 

What would you run vs a Congress Korematsu (Makes a law that says USFG can't detain based on race)?

 

What would you run vs a XO Korematsu (XO that dismisses XO 9066)?

 

I've hit both of these, and i'm not sure what to say vs them.

Thanks for any help.

 

XO 9066 was overridden by Ford in the 70', on the congress case say that congress has already apologized and given reperations, or hit on the fact that we were in war time, whereas the War on terror isn't a congressional mandated time of war, the last time we had one of those was WWII, so their is no risk of internment

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racial redemption specifically the cho evidence is the shit, it talks about how if we try to make up for one ruling, racism will just spillover and continue through those who were complicit in the actions.

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For XO Korematsu, it's already been mentioned that the XO was overturned. As far as congress goes, a bit of research on the non-detention act would work. Congress and the president have already taken measures to prevent this from happening - the only actor that hasn't is the courts.

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anyone have any good ways to attack lakeland's korematsu case? lost to it twice now...

 

It would help if you posted what the case was about (i.e. specific advantages) so we can help you with a strat, because believe it or not, there are a lot of variations of the same thing, which is weird.

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sadly enough.. its the end of the year and i'm still building a korematsu strat... Ive lost to it twice and one of those times was at districts =(

 

I think what we have going right now is the congress CP along with the korematsu DA. basically, saying that supreme court would be a bad actor.

harms, solvency, and T used to work but the teams that run it are all prepped so on case is kinda pointless. though where I debate alot of judges get pissy about off case args.. so i guess we'll see if it flies in round.

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If you run Korematsu (Courts), what do you say to XO CP's?

 

What would you run vs a Congress Korematsu (Makes a law that says USFG can't detain based on race)?

 

What would you run vs a XO Korematsu (XO that dismisses XO 9066)?

 

I've hit both of these, and i'm not sure what to say vs them.

Thanks for any help.

To the Xo Cp say "Perm Do both"

On Congress are you talking Morgan powers? Just read Morgan powers violates SOP, Only courts can Solve, court Cp.

Xo Korematsu just say XO 9066 was nothing but the Criminal charges brought against Japanese Americans. The plan can't solve the harms/inherency because all it does is remove the criminal record of Japanese Americans. Then say plan was already done in 1984, Coram Nobis. Do courts CP overruling Korematsu vs. United States in 1944., and your net benefit is the whole case.

 

The best start against most Kmatsu cases is straight up case turns and T. No strat is that great against it except all on case.

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racial redemption specifically the cho evidence is the shit, it talks about how if we try to make up for one ruling, racism will just spillover and continue through those who were complicit in the actions.

 

anyone have any good ways to attack lakeland's korematsu case? lost to it twice now...

 

This is obviously not the right thread for these arguments. There are several other threads circulating about what to run against Korematsu. This is one that is solely about the Korematsu in relation to the Executive Order Counterplan. Like ifg104's question should not be answered here.

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To the Xo Cp say "Perm Do both"

 

How original.

 

Xo Korematsu just say XO 9066 was nothing but the Criminal charges brought against Japanese Americans. The plan can't solve the harms/inherency because all it does is remove the criminal record of Japanese Americans. Then say plan was already done in 1984, Coram Nobis.

 

A few misconceptions here - first, XO 9066, among other military orders and proclamations, was the original executive order that requested internment. A few years after that, when Korematsu brought his case to the Supreme Court, Korematsu v. US validated the order, thereby validating detention based on race. Overturning XO 9066 would do little, of course, because the order only had to do with that one instance of detention of Japanese people on the West Coast, but not because the order supposedly charged the Japanese detainees.

 

The Coram Nobis proceedings are what vacated the charges of Korematsu and Hirabayashi. They were part of the general trend of Congress to apologize for much of their WW2 actions, including paying Japanese reparations.

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for xo run sop impacts and for congress run that it causes ibc within the branches of the usfg. this happened alot to me at usc roundrobin and redlins, and after i just went crazy cutting cards on deference/pres powers/xo and just judicial being key. especially cards saying judicial is the only way to sustain sop.

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has anyone had success with the Cho Kritik, its in most case files against korematsu, talks about colorblindness?

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wats colorblindness got to do with korematsu ?

 

btw if u run korematsu like me, put some threat con pre empts in it so all u need to do is extend it if someone runs war impacts etc.

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How original.

 

 

 

A few misconceptions here - first, XO 9066, among other military orders and proclamations, was the original executive order that requested internment. A few years after that, when Korematsu brought his case to the Supreme Court, Korematsu v. US validated the order, thereby validating detention based on race. Overturning XO 9066 would do little, of course, because the order only had to do with that one instance of detention of Japanese people on the West Coast, but not because the order supposedly charged the Japanese detainees.

 

The Coram Nobis proceedings are what vacated the charges of Korematsu and Hirabayashi. They were part of the general trend of Congress to apologize for much of their WW2 actions, including paying Japanese reparations.

1. There was never a "misconception". XO 9066 charged all Japanese Americans, under the grounds that the military provided proof that they were spies and terrorists. XO 9066 was also the the exlclusion order which led to the Japanese internment.

The 1944 Korematsu vs. The United States was not about the detention, it was about Fred Korematsu being charged with crimes, without a trial. Endo Vs The United States was the detention.

The opinion, written by Black stated that the need to protect against espionage outweighed Korematsu's individual rights, and the rights of Japanese Americans.

 

Ex parte Endo was a United States Supreme Court decision, handed down on December 18, 1944, the same day as their decision in Korematsu v. United States. In their decision, the Supreme Court ruled that, regardless of whether the United States Government had the right to exclude people of Japanese ancestry from the West Coast during World War II, they could not continue to detain a citizen whom the government itself conceded was loyal to the United States. This decision helped lead to the re-opening of the West Coast for resettlement by Japanese-American citizens following their internment in camps across the United States during World War II.

See the different decisions on each?

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Dammit micah that's from wiki which i kept telling you isn't true and it didn't affect the precedent saying the government's detainment based on race was justified b/c of the national security concerns...are you like now nolonger listening to hashimoto? Are you starting to belive ppl who are lazy and read GDI case neg/wikipedia? you didn't listen to me at state this weekend...

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Black, as we no was wrong in trying to say there was a difference in exclusion and detainment in the japanese internment cases b/c the military was breathing down his neck and a whole bunch o fother stuff...next, the 9066 had nothing to do with the military saying "thery're all spies" and no charges were brought against them until after the camp and that's when the military bagan making up the charge and saying they're all spies...finally, fine you don't amke a distinction of why korematsu's case didn't deal with detaining based on race...of course his case was about him being detained w/o charge and the SC ruled that matters of national security justified detaining him based on race and not charging him with anything other than having japanese decent...

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What would you run vs a Congress Korematsu (Makes a law that says USFG can't detain based on race)?

you apologize for wasting the negs time, conside, and get a new aff.

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you mean concede?

forgive me, i suffer from very poor spelling, being dyslexic.

but although it deffinantly is possible to win with kor, why not get a good case, you know one with real impacts

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korematsu is a lot more solid than i thought it would be at the beginning of the year

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