[eDebate] Wake GL Aff

lacyjp lacyjp
Wed Sep 27 17:31:08 CDT 2006


Contention One is Violence
U.S. v. Morrison created Public/Private Dichotomies that condone 
gender-based violence and perpetuate male dominance in the law
MacKinnon, Professor of Law @ Michigan, 2000 [Catharine A. and Elizabeth 
A. Long, Harvard Law Review, November, 114 Harv. L. Rev. 135, ?The 
Supreme Court, 1999 Term Comment: Disputing Male Sovereignty: On United 
States v. Morrison]
The Morrison majority does not simply respect a preexisting line between 
what is private ?the question whether a nation organized to preclude 
relief for the violation of one half of its people by the other should 
survive.

The precedent set by Morrison provides little recourse for the sixteen 
women who will be raped by the end of this round
Jil L. Martin, GQ2, Fall, 2000, Note: United States v. Morrison: 
Federalism Against the Will of the States, Loyola University Chicago Law 
Journal, Lexis
The VAWA represents Congress' response to a "national tragedy" that 
impacts millions ? violent crime at some point during their lives. n27

And, tolerating rape makes global violence inevitable
The New York Times, December 29, 1983, ?A Feminist Campaign for the 
Presidency,? p. C7

She argues, for example, that violence against women is a fundamental 
political ? we are at war. Peace has got to begin with peace between the 
sexes.??

Furthermore, gendered violence constitutes the world?s most pervasive 
human rights violation and risks extinction
Bunch Charlotte, Executive Director for Women?s Global Leadership at 
Rutgers, 1997 ?The intolerable status quo: violence against women and 
girls,? The Progress of Nations, http://www.unicef.org/pon97/women1.htm
Imagine a people routinely subjected to assault, rape, ?outrage aimed at 
an intolerable status quo there is instead denial, and the largely 
passive acceptance of ?the way things are?.
Silence is complicity with oppression?constant vigilance against 
gendered violence is necessary to achieve societal equality
Bunch Charlotte, Executive Director for Women?s Global Leadership at 
Rutgers, 1997 ?The intolerable status quo: violence against women and 
girls,? The Progress of Nations, http://www.unicef.org/pon97/women1.htm
Equally shocking is the fact that most gender violence not only goes 
unpunished but is tolerated in silence?the silence of society as well ? 
an end to the torrent of daily violence that degrades not only women but 
humankind in its entirety.

Contention Two is Constitutionalism

Lack of deference to Congressional findings represented in Morrison 
establishes a frontier for judicial supremacy that crushes political 
interpretation of the Constitution
Rachel E. Barkow, B.A., 1993, Northwestern University, J.D., 1996, 
Harvard University, Associate Professor of Law, New York University 
School of Law, March, 2002, Article: More Supreme Than Court? The Fall 
of the Political Question Doctrine and the Rise of Judicial Supremacy, 
Columbia Law Review, Lexis

Thus, even in the wake of Cooper, the Warren Court deferred to 
Congress's factual findings under Section 5 ?Court has opted for the 
course that aggrandizes its own power.


The political question doctrine allows for the expansion of independent 
Constitutional interpretation
Rachel E. Barkow, B.A., 1993, Northwestern University, J.D., 1996, 
Harvard University, Associate Professor of Law, New York University 
School of Law, March, 2002, Article: More Supreme Than Court? The Fall 
of the Political Question Doctrine and the Rise of Judicial Supremacy, 
Columbia Law Review, Lexis

The political question doctrine reflects a constitutional design that 
does not require the judiciary to supply the substantive content of all 
the Constitution's ? smaller category of cases, those identified by the 
political question doctrine, these same institutional differences make 
absolute deference appropriate.

An unchecked judiciary will inject its own politics into decisions, 
resulting in the oppression of women
Deborah M. Weissman, Associate Professor of Law, Director of Clinical 
Programs, the University of North Carolina at Chapel Hill School of Law, 
September, 2001, Article: Gender-Based Violence as Judicial Anomaly: 
Between "The Truly National and the Truly Local", Boston College Law 
Review, Lexis
The majority restored the understanding of gender-based violence as a 
non-economic and private matter inappropriate for federal courts by 
quieting? sufficiency of the evidence before Congress to provide a 
rational basis for the finding cannot seriously be questioned." n129

Moreover, the finding requirement established in Morrison crushed 
Section 5 Power and Congressional Constitutional Interpretation
Erin Rosen, Associate, Bingham McCutchen LLP, J.D., 2002, University of 
California Berkeley School of Law, March, 2002, An Occasion for a More 
Thorough Analysis: The New Findings Requirement and Congressional Power 
Under Section 5 of the Fourteenth Amendment After United States v. 
Morrison, California Law Review, Lexis

Morrison's findings requirement significantly alters each of the three 
key elements of Section 5. Morrison curtails Congress's Section 5 power 
? findings requirement seems to suggest that realms of congressional 
action other than gender are more appropriate for legislation.


And, Supreme Court decisions and Constitutional interpretation is 
modeled worldwide
Albert P. Blaustein, Professor of Law, Rutgers School of Law, March, 
2004, The U.S. Constitution: America?s Most Important Export, Issues of 
Democracy, http://usinfo.state.gov/journals/itdhr/0304/ijde/ijde0304.htm

With the end of World War II, American influence was dominant in the 
preparation of the new basic charters ?carried abroad by Americans who 
have been called upon to serve as advisers in the writing of other 
constitutions.

Constitutionalism is essential to promote an effective transition to 
democracy.
Fareed Zakaria, managing editor, Foreign Affairs, contributing editor, 
Newsweek, November/December, 1997, The Rise of Illiberal Democracy, 
Foreign Affairs, Lexis

Lang's embarrassment highlights two common, and often mistaken, 
assumptions -- that the forces of democracy are the forces ?democratic 
peace, it turns out, has little to do with democracy.


The impact is extinction
Larry Diamond, Hoover Institution senior fellow, co-editor of the 
Journal of Democracy, December 1995, A Report to the Carnegie Commission 
on Preventing Deadly Conflict, ?Promoting Democracy in the 1990s: Actors 
and Instruments, Issues and Imperatives,? 
http://wwics.si.edu/subsites/ccpdc/pubs/di/1.htm
Nuclear, chemical, and biological weapons continue to proliferate?.more 
environmentally responsible because they must answer to their own 
citizens, who organize to protest the destruction of their environments.



Plan :
In an appropriate test case, the United States Supreme Court should 
overrule its decision in United States v. Morrison by ruling that the 
United States Congress has power under Section Five of the Fourteenth 
Amendment to regulate private acts of gender-motivated violence as in 42 
U.S.C. Section 13981.




Contention Three is Solvency
Section Five is the most effective remedy for solving gendered violence
Erin Rosen, J.D. University of California, Berkeley, March 2002, An 
Occasion for a More Thorough Analysis: The New Findings Requirement and 
Congressional Power Under Section 5 of the Fourteenth Amendment After 
United States v. Morrison, California law review, 90 Calif. L. Rev. 573, ln
Thus, the Court struck down 13981 not because the harm was inappropriate 
for legislation, but because Congress chose an inappropriate remedy to 
address this harm?175 it seems that a comparable volume of data should 
be allowed to establish the appropriateness of legislation, whether the 
context is race or gender.

Civil Rights remedies allow direct confrontation for plaintiffs and 
transform society?s view of gendered violence
Sally F. Goldfarb  Visiting Associate Professor, Harvard Law School, 
2000  102 W. Va L. Rev. 499, West Virgina Law Review  Spring, 2000  "NO 
CIVILIZED SYSTEM OF JUSTICE": THE FATE OF THE VIOLENCE AGAINST WOMEN ACT
   What was at stake in Morrison was nothing less than the recognition 
that  [*538]  gender-motivated violence is not merely an individual 
crime or a personal injury, but an assault ?problem with criminal 
remedies is their disproportionate impact on communities of color.



Supreme Court recognition of Section Five authority is necessary to 
restore Congressional confidence to create an independent Congressional 
interpretation of the Constitution critical to a credible democratic 
constitutionalism
Robert C. Post, Alexander F. & May T. Morrison Professor of Law, 
University of California, Berkeley, and, Reva B. Siegel, Nicholas deB. 
Katzenbach Professor of Law, Yale Law School, June, 2003, Legislative 
Constitutionalism and Section Fie Power: Policentric Interpretation of 
the Family and Medical Leave Act, Yale Law Journal, Lexis
Just as courts possess forms of authority that legislatures do not 
enjoy, so too Congress possesses forms of authority that courts can 
never ?Congress confidence in the legitimacy of their efforts to use 
Section 5 power to enforce R<c>, and thus not only to reflect democratic 
constitutional aspirations, but also to offer significant evidence to 
the Court about the developing constitutional culture of the United States.

Overruling Morrison ends lower court inconsistency and ensures compliance
Erin Rosen, Associate, Bingham McCutchen LLP, J.D., 2002, University of 
California Berkeley School of Law, March, 2002, An Occasion for a More 
Thorough Analysis: The New Findings Requirement and Congressional Power 
Under Section 5 of the Fourteenth Amendment After United States v. 
Morrison, California Law Review, Lexis
Given the majority opinion's lack of coherence ? is subjected and may 
vary in the scope of findings they require of state legislatures.


Congressional deference in the context of gendered violence is the only 
way to solve
Jodi Fowler Jayne 2001 NOTE: Constitutional Law: United States v. 
Morrison: The Gender Motivated Violence Act Takes a Beating by the 
Supreme Court's New Commerce Clause Jurisprudence Oklahoma Law Review 
Winter, 2001  54 Okla. L. Rev. 805
Third, the majority found "no significance whatever in the state support 
for the Act based upon the States' acknowledged failure to deal 
adequately with gender-based violence in state courts, ?"Antonio 
Morrison . . . 'has won the states' rights plea against the states 
themselves.'" 114

***Deference to Congressional authority in social policy is essential to 
deliberative democracy and citizens? voice in governance
Christopher P. Banks, Associate Professor of Political Science,  @ 
University of Akron, Akron Law Review, SYMPOSIUM ARTICLE: The 
Constitutional Politics of Interpreting Section 5 of the Fourteenth 
Amendment, 2003, 36 Akron L. Rev. 425
The Supreme Court should assume a more deferential role because it more 
consistent with a history that respects ?Court must shoulder the burden 
of demonstrating why the judgment of the Congress of the United States 
should not command our respect." n261

Critiquing the system alone won?t solve; must combine theory with 
practice in order to change legal culture toward gender-based violence
Deborah M. Weissman, Professor of Law @ UNC-CH, 2001, Boston College Law 
Review, 42 B.C. L. Rev 1081
The Morrison decision thus relegated women to the very system that 
Congress determined was incapable of providing meaningful?everyone 
engaged in this effort, including theorists, practitioners, and 
litigants, are needed to transform the legal culture as it relates to 
violence against women.







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