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Education vDebate – outlier [A] vs jswegthefuture [N]

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1AC CX


 


Explain the process of plan implementation -- do you fiat executive enforcement / Congressional follow-on post-ruling?


 


 


Why is judicial action necessary to break down the executive’s plenary powers?


 


 


How does the plan redefine the injury standard for slavery?


 


 


Where does Kupchan speak to the triumvirate’s ability to restrain Trump’s war power authority?


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1AC CX

 

Explain the process of plan implementation -- do you fiat executive enforcement / Congressional follow-on post-ruling?

The executive and Congress would be bound to comply with the plan's ruling, since they would lack unfettered authority over immigration post-plan. 

 

Why is judicial action necessary to break down the executive’s plenary powers?

Definitionally, the executive has plenary power over immigration because the doctrine forbids judicial review. Because the Supreme Court established the plenary power doctrine, thus restricting its own powers, it's the only actor that can overturn it. 

 

How does the plan redefine the injury standard for slavery?

The plan's precedent broadens the definition of what constitutes the "badges and incidents of slavery" under the 13th Amendment, which enables other litigation strategies to succeed. 

 

Where does Kupchan speak to the triumvirate’s ability to restrain Trump’s war power authority?

It defines the triumvirate as one of several "institutional checks" on Trump, and says it has the power to "significantly limit the damage." 

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Status of the advocacies?

 

What are the net benefits to all three of the CP's?

 

What is the "ongoing enforcement scheme" that the aff establishes which prevents strong schools?

 

Which states have successful STEM programs now? How does the aff trade off with state-led STEM?

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Status of the advocacies?

Condo (and the squo is always a logical option)

 

 

What are the net benefits to all three of the CP's?

As of the 1NC:

In Loco Parentis - both da's

Alternate Grounds - internal

Self-restraint - both da's

 

What is the "ongoing enforcement scheme" that the aff establishes which prevents strong schools?

The judicial requirement that establishes equal educational access for unauthorized immigrants -- that's overburdening on schools

 

Which states have successful STEM programs now? How does the aff trade off with state-led STEM?

States like Cali, Washington, etc are pretty successful. ESSA included a prohibition on formalized ed regulations like the plan -- breaking this jeopardizes the foundation on which new STEM programs and innovation rest

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Just got back from school -- I'll get to writing the 2NC asap

 

2AC CX

 

What about the Alt Grounds CP do you think is functionally plan-plus?

The plan establishes that undocumented immigrants have a right to education. The counterplan also establishes that undocumented immigrants have a right to education, and that a litany of discriminatory practices are unconstitutional, whilst citing international treaty commitments – the net benefit isn't a disad to the aff, it's an advantage to the counterplan. Even if we don't win it's functionally plan-plus, the similarity of the plan and the counterplan means that perm do both clearly resolves any link. 

 

 

that's it

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The Thirteenth Amendment prohibits slavery and involuntary servitude – irrespective of the plan, if another racial group were to become enslaved in the United States, would your interpretation of the Thirteenth Amendment protect that group? 

 

Is racial discrimination a relic of slavery? 

 

Which aff beats the XO CP? 

 

At what point should the judge reject an extinction scenario for being overly improbable? 

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The Thirteenth Amendment prohibits slavery and involuntary servitude – irrespective of the plan, if another racial group were to become enslaved in the United States, would your interpretation of the Thirteenth Amendment protect that group? 

That's a weird hypothetical, so I guess that it depends on what you mean by "enslaved" -- if you're talking about a literal reenactment of chattel slavery (as per original intent), then yes 13th Am. applies. If you're talking about your ev's loose definition of slavery like "wage cheating" or "denial of education", then no, that gets into the ruse of analogy/conflation of original intent biz. 14th Am. jurisprudence + due process is certainly fair game, though.

 

Basically, it's bad to read the 13th Am. as expanding slavery/involuntary servitude and its badges/incidents beyond chattel slavery and its immediate manifestations of anti-black violence (to include something like undocumented kids not getting equal education). There's certainly other legal recourses though, like the CP's or other Constitutional justifications.

 

 

Is racial discrimination a relic of slavery? 

No? Perhaps certain anti-black practices (police activity, etc.) qualify as badges/incidents of slavery, but expanding that part of the 13th Am. to include the oppression of undocumented immigrants broadly is a trivializing stretch.

 

 

Which aff beats the XO CP? 

Harker's version of Plenary Powers with a court power adv. and a soft power scenario, Spending Power, even this AFF (if you do a good job leveraging the jurisprudence stuff), Military Recruitment (trust me our Congress key warrant was flames)...I could go on

 

At what point should the judge reject an extinction scenario for being overly improbable?

If we win extinction categorically outweighs, then you'd need terminal defense at some level of the IL chain since extinction is so big -- that's not that difficult of a burden given how bad most DA's are, though.

 

I suppose that if you win probability is indeed important, then epistemic modesty would dictate that it's the point where the probability was so exceedingly low that the expected value of your "ongoing violence" impacts outweighed the expected value of our big stick impact.

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This was the best note on which I could've ended debate (alas, only if my actual rounds were this fun) -- thanks for being down with some solid policy v. policy action.

 

If you're doing NSDA/other education tournaments, just PM me if you need any of Camas' stuff (chances are your prep is way better but still). And if you're a junior, I'm super excited to see how wildly dominant and successful you'll be next season -- best of luck!

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