[eDebate] Coalition of the list-supporter
Sat Jun 3 19:02:55 CDT 2006
To those who think they are voting for a "list" topic by voting for the
non-first amendment resolution, I would caution you to think more
carefully. Joe got it exactly right: just because only four or so /court
cases/ are listed, it is not true that there are only four possible
affirmatives. It seems to me the term "list" is a misnomer. I just want
to elaborate on a few of the problems that he mentioned:
(1) Not only are their multiple ways to overrule a decision (I'm not
talking about bidirectionality, although that is certainly a VERY LARGE
issue -- I'm talking about the fact each of the four decisions can be
overruled on multiple different grounds), but also there is no
specification of whether the decision has to be overruled in whole, in
part, in holding, in judgement, or anything of that nature. Take US v
Morrison: the supreme court could hold that that ALL civil remedies
against the states are valid, or only those in gender discrimination, or
the court could strike down the entirety of VAWA (which was partially
upheld by the decision) by extending the logic of Lopez or the original
(2) The "list" topics only focus on the action of overrule, not what
REPLACES the old decision/holding/reasoning/judgement. Arguably the NEW
tests put in place by the court are the most important. While "overrule"
creates a limit on the /mechanism /for the INITIAL action, make no
mistake that tricky affirmatives will be able to come up with many
different and new /outcomes/, that might even be nearly irrelevant to
the original case. The perceived "limit" of the "lists", in my mind,
don't seem that limiting.
While I personally would like to debate an area other than the first
amendment, the problems with the "lists" resolutions just seem far too
great in my mind despite the benefit of accessing many different areas
of jurisprudence and potential problems with the "area" choice.
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