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Resolved: The United States federal government should substantially decrease its authority either to detain without charge or to search without probable cause.

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this resolution could be spilt into two very different ways

the first half could have alot of cases such as quantanamo bay and the def of decrease could be spun into some wierd ways to make some cases.

the 2nd way would probably have alot of spin offs of the patriot act. the word either might make topicality bigger than most years.

i think that there will be a whole lot of critical affs next year and alot of politics that will have to do directly with the patriot act.

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Repeal the patriot act. Or parts of it, I guess b/c the whole thing would probably be extra-topical

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It doesn't say "In the United States"

 

Expect Iraqi imperialism.

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It doesn't say "In the United States"

 

 

Expect Iraqi imperialism.

wow. your right. i feel a blue spread(American version of 'red spread') advantage and maybe a cultural genocide advantage arg

frikin international stuff

 

AFFS:

 

repeal patriot act

actually listen to prisioners at g-tamo bay

Iraqi imperialism as 'Duraak' said

Code of Conduct for police officers

Middle East--im sure plenty of ppl talk about how they were wrongfully areested

maybe something where a judge or jury has to approve the 'detaining' of a person

when invading a country, the FG has to prove that there is something wrong with it--not like Iraq, but they actually have to have hard proof 'x' is in country x otherwise congress can't allow the invasion--non-constit, i think

Kritikal aff where the panopticon is destroyed and biopower is solved for--i.e. focault out the ying-yang

demand that the FG prove ALL of the g-tamo bay prisoners are there

any prisoners not proved guilty are set free and sent back to their home

all prisoners detained by america are granted 1 lawyer and 1 trial

i am not sure about the 'search' part of the resolution

 

 

 

 

feedback is nice

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This is a bit helter skelter and mixed with some observations about the topic wording. The list of advantages is somewhat shallow because I typed this off the cuff. A few notes first:

 

1. Agency/scope issues: the topic only deals with "its" (i.e. the USFG's) authority to search and seize. Note the two parts of this:

A. the agent itself: the USFG must be the agent that cannot do searches/seizures. Cases that restrict the 50 states or non-governmental groups (like corporations) are questionably topical.

B. "authority": the resolution doesn't directly mandate that the USFG actually decrease searches, making some of the solvency claims completely external to topicality. This also has a few other interesting effects. For instance, some claims

 

2. "Detain" and "search:" the wording seems to suggest that the plan action should not decrease an ongoing action but rather restrict the government's future ability to detain or search. Plans that free the people in Gitmo, for instance, may not be topical if they simply free people. On the other hand, a Supreme Court decision saying that the USFG doesn't have the authority to detain people there so they should be free may fly.

 

A few case/counterplan ideas:

 

Delegation (State powers):

The federal government delegates certain searches or detentions to the states.

 

Airport defederalization:

The TSA/DHS will cease doing searches in airports. Some teams may claim that searches will be continued by private security groups or the states, or they may be scrapped altogether. I like this idea because it's small yet clearly topical - the DHS searches bags and takes IDs without suspicion. Critical advantages include coercion, security or threat construction, and biopower. Other advantages may include terrorism and economic related stuff.

 

Revisit Terry/Ban requests for ID:

The USFG cannot stop people, request ID, and do pat downs without probable cause. This could apply at airports, government buildings, and in general law enforcement stuff. Similar advantages to above.

 

Defederalize the drivers licenses:

The recent intel bill calls for a single, unified drivers license program. This preempts state requirements. Plan says the USFG can't do that.

 

Drug enforcement laws:

The federal government will decrease its ability to search people or detain them for having drugs. Marginally topical given that the USFG bans drugs so there may be probable cause for searches.

 

Repeal portions of the PATRIOT act:

Sneak and peak searches, all that FISA goodness, any of the financial institution revisions, and library/book store record searches are up for grabs. Cases can mix and match. Similar advantages to the above cases.

 

Other war on terror-related stuff:

This will likely be a large section of the topic. Teams could argue that those being detained as part of the war on terrorism are not being charged and should be released. A case that flat out says that the USFG can't hold terrorist suspects without charge would be the simplest example of this, altho I'm sure people can be more creative.

 

Presidential powers:

The resolution doesn't require that the federal government actually cease doing either of those things, simply that it decreases its authority to do so. A possible counterplan would be to rule that the USFG can't do the plan but fiat that they continue searches/detentions anyway. Presidential powers and secrecy net benefits.

 

More to come later, busy at the moment.

 

[Edit: even though there are only a couple of threads the moderator might want to sticky this one for future reference.]

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Check out the Ashcroft Guidelines issued in May 2002. Ashcroft gave the FBI the ability to search mosques without probable cause. I run this case in NFA-LD in college. Check Lexis, Iowa Law Review by Tom Liniger, with keywords ashcroft guidlines and levi guidelines. Case has decent policy advantages, as well as deontological/kritky impacts.

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I think there could be a lot of search cases. All it takes is one law review article saying "the Federal court got it wrong in X case (relating to a search)." Plan overturns that decision. No significance, no disadvantages.

 

Pass the Civil Liberties Restoration Act

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A good aff that would possibly be run would be a "police state" (from 1984). If you stop and look at what the goverment is and has been doing the past 3 presendentcicy's is really tighting up on not only border security but security is the most obsure place. Then with the passing of the National ID card in congress, which would be the big brother implament. Lot's of good evendence out there on the ID card.

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presendentcicy's

 

damn. i was thinking about some way to get relations adv.'s...

 

brennan

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Ban the popo...

 

One could eliminate police/the states enforcement mechanisms, and it dosnt seem as extra topical as normal. Run Statism on the aff with a cards for 1) only police force has the authority to do some search/seizure, and 2) peicemeal reforms of the state only entrench its power........

 

a lot of people have been talking about running fuco. I think another place people should look is into libratarian philosophy. Rand, Nozick, etc. would all have things to say about the resolution.

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I think that's pretty damn extra-topical. The police do lots of other things. Like eat donuts. But no matter, there will be cases like that.

 

Question...

 

Resolved: The United States federal government should substantially decrease its authority either to detain without charge or to search without probable cause.

 

 

Could this mean if you decrease the USFG's ability to detain with charge or search with probably cause you're not topical?

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Resolved: The United States federal government should substantially decrease its authority either to detain without charge or to search without probable cause

_________________

 

Did anyone notice that the rez has no mention of the word "policy" in it? So technically an aff like "The USFG will cease to exist" would be possible.... correct me if I'm wrong.

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Resolved: The United States federal government should substantially decrease its authority either to detain without charge or to search without probable cause

_________________

 

Did anyone notice that the rez has no mention of the word "policy" in it? So technically an aff like "The USFG will cease to exist" would be possible.... correct me if I'm wrong.

 

It would be possible, but any advantage not stemming from detaining without charge or searching without probable cause would be extratopical.

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I think that the idea for SCOTUS rules that USFG can't detain without probable cause is a good one, which solves for solid harms (Gitmo), and would greatly increase US cred, thus linking to Khalilzad (cred=heg=prevent nucwar). Beat the neg on timeframe, risk, and possibly magnitude.

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It would be possible, but any advantage not stemming from detaining without charge or searching without probable cause would be extratopical.

Of course, if you are running anarchy you probably will either kritik T or have good answers to extra.

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It would be possible, but any advantage not stemming from detaining without charge or searching without probable cause would be extratopical.

TEchnically u could fiat solvency cuz of the lack of establish - decrease is the verb

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