[eDebate] potential wording paper: first amendment vs national security
Pacedebate at aol.com
Fri May 12 01:08:31 CDT 2006
In a message dated 5/11/2006 11:32:27 A.M. Central Daylight Time,
jtedebate at yahoo.com writes:
...right now I'm just looking for some feedback on the area and the
Resolved: that the United States Supreme Court should rule an act of the
executive branch/congress unconstitutional specifically holding that the first
amendment should take precedence over national security concerns.
HERE'S THE PROBLEM: good luck on finding SOLVENCY ADVOCATES for these
rulings......EVEN SO, I am willing to bet those advocates do not cover the full
extent of A) SC should rule, B) that ruling be on an exec/congressional act, C)
That's the problem with including too many actions in the text....so the
wording will have to change substantially.
See attached document it includes solvency advocates for several of the
affirmatives I listed. This is just the tip of the iceberg. All of these were
found in less than 2 hours doing a search only of lexis law reviews "conclusion
w/100 first amendment w/40 national security" so by no means should this be
considered an exhaustive list.
I do think JT raises a good issue: does this resolution include too many
actions and I'd like to hear from others on this point after they have either
read the attached document or done some research on their own.
Executive/Congressional acts should be within the flexibility of AFF
ground...many rulings will affect these acts anyway...
"National Security" is a subset of "law enforcement"....to support a topic
for the entire year, it would be HOMELAND SECURITY...no areas outside of
that...the 1st amendment rights being sacrificed are FROM homeland security
initiatives....makes the HS topic an inevitable repeat! (see Tim's list below as
evidence for this)...at best, they would be different internal links (1st not
4th amendment) to all the same args
Some rehash is inevitable. Terrorism DA, Foucault, Agamben, Presidential
Power, SOP, agent cp (sc, congress, exec). I'd say well over 80% of the hs
debates featured one or more of these arguments - good luck finding a topic that
avoids those debates.
That said the aff ground on my proposed topic is vastly different than the
high school topic which, as a colleague pointed out to me early in the year,
was really a topic about authority hence the dominance of the agent cp and the
presidential power/sop arguments.
The biggest overlap is potentially the NSA wiretapping affs which weren't
broken until late December. Although there are certainly topical versions of
those affs under my proposed resolution I'm not sure how strategic they will be
in light of the 4th amendment grounds counterplan. If those debates do
happen I think that's good. It seems to be that this debate would be at the heart
of one facet of what a courts topic should be about. Should the courts use
first amendment or fourth amendment analysis to determine something
unconstitutional. There is literature on both sides and there is a good debate to be
This overly restricts the scope of "1st Amendment" within Supreme Court
literature...again...only homeland security! How about prayer in school, flag
burning, excitable speech, student freedom of the press, etc? The supreme
Court has discussed all of these over the last few years.
I say just "increase 1st Amendment protections"...allows for aff
flexibility, limited because there's only so many 1st amendment rights (among other
ways), and will bring up issues we don't debate and hear ALL THE FRICKIN' TIME!
This is probably just an unresolvable issue of how limited a topic should
be. No chance I'd sign onto an "increase first amendment protections"
resolution. That would be my rez times a thousand.
Potential aff areas:
computers (carnivore/pen register, cryptography, website regulation, shutter
control) I just fell asleep!
each to their own.
terrorism/terror talk/securitization (patriot act library/terrorist
organization provisions, wiretapping, open trials/media access, use of secret
evidence)...I just died a little bit
another area where we probably just disagree. I think this is the most
timely literature and is ripe for debate. If you are just restating that this is a
high school rehash well so is the heg da but it isn't going anywhere and I
suspect the terrorism DA will be with us for a long while.
and btw, you wrote:
Yes, we should probably talk about the war on terror
immigration (creppy directive, use of secret evidence) this is overly
restrictive....if you want to talk about immigration....and that would be a good
thing....there are SC decisions that could be overturned...
sure add a bunch of immigration cases to the first amendment ones you want.
Why not just
Resolved: the USSC should rule an act of congress unconstitutional.
Freedom of Information Act ...ahh more privacy args...please no!
why do you think this is a privacy issue? This is essentially about what the
government can keep classified.
Negative: agent counterplans, different grounds counterplans, national
security DA's, rights triv, all the bad court da's are unique in this context,
All of this is true of a non-national security version...
Actually, given the recent Randolph decision limiting police power to
conduct searches your law enforcement idea won't give the neg much uniqueness to
their court DA's.
There is also the possibility that the Court's upcoming ruling on Hamdan
will hamper the uniqueness for presidental power DA's.
EVEN IF YOU THINK OL' JT IS JUST WRONG....these issues could be discussed
under the "Law Enforcement" topic I've suggested elsewhere...it could be
combined with Harrison's "plenary power" suggestion as well....
I suspect i think 'ol JT just wants a topic MUCH bigger than one I'd feel
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