Arizona State University

Topicality: increase doesn’t mean repeal

Control doesn’t mean repeal

Throughout (ie PL 280 is only in 6 states)

Increase control means federal not tribal

T Federal Control — This has an extra T and an Effects T standard

Essentialsm Porter, 1999

Lumayeska, 1999, Tulsa law journal

"throughout" link

Narrative bad Cultural theft

Coopt movements

Eco Fem

ASPEC

Victimization

Race Kritik

Power Kritik Plenary power bad

= colonialism

Robert Williams, 1986

Existence of doctrine always encroaches upon sovereignty

Jimenez and song, 1995

= extensive abuse of Indians

Williams, 1986

Free Association counterplan

USFG will [insert plan] by entering free association agreements James Casey, Cornell Law Review

Federal Control DA/K

Williams "The algebra of Federal Indian Law" 1986 Wis. L. Rev. 219, 1986, "Indian sovereignty"

De-colonization CP Casey 1994, 79 Cornell L. Rev. 404, "free association," "constant erosion."

Augustana

Topicality: Education not an area

Colonization Federal Indian law is illegal

Churchill 1994

Resurgence of extinction / reject all involvement with BIA

Churchill, 1994

Politics / Spending New spending undermines stimulus package

= recession = war

Boston Globe, 9-21-01

Free Association Counterplan

abandon plenary power and do govt-to-govt Relations

USFG will abandon plenary power over inherent native American sovereignty and negotiate free association agreements with native American nations. USFG will offer [the plan] to native American nations as part of the agreement through govt-to-govt negotiations.

Clinton 1993, Arkansas law review "abandoning the colonial notion"

Casey, 1994 cornell law review"the constant erosion of the remnants

Mastuda, 1987 harvard civil rights and civil liberties law review "any discussion of law, its uses"

Berkeley

Topicality: Control

Substantially

Plan flaw

Kritik of Guilt Bruckner, 1986

State Kritik Alfred, 1999

Sovereignty Churchill, 1992

Business confidence

Politics Tax cuts good

Kritik of control Alfred, 1999

ASPEC

Regulations fail on the case debate

Business incentives counterplan Michaels, 1996 Chemical market reporter, 1-22-01

Concordia

Topicality: increase federal control throughout Indian Country

Must be a new control — not an increase under an existing control

Increase federal control = restrict affairs

Substantial

Kritik of paternalism

Indigenous movements counterplan

Kritik of federal control: constitutes colonization

Bad Actor

ASPEC / Vagueness — voter for ground

"arsenio hall" colonialism kritik

increase control = colonialism, threatens survival

ballot rejection key to stopping colonialism

Indigenous movements

Counterplan - States/Tribes Compact:

States and Tribes will develop compacts to halt uranium mining and work in interstate compacts

Solvency evidence from Harvard Law Review: 1999

Anthropological fetishism: must recognize Native Americans as speakers and actors- give them a voice

Counterplan

Indigenous peoples within what is known as the U.S. should reclaim all treaty territories and assert the principles of sanctity and sovereignty of those treaties. Natives will save themselves. This specifically includes asserting absolute sovereignty over child welfare issues.

Dartmouth

Topicality Control (resource management)

Indian Country (words and phrases)

Extra (ie create a new native American entity)

Throughout

Subsets

Throughout Indian country

Plan focus is key:

kritik of performativity: Bavman, 1999, in search of politics

Kritik of sovereignty

ASPEC

Genocide Trivialization Finkelkraut, Imaginary Jew, 1980

The politics of virt.. (?)

Control Key Colonialism

Churchill, Fantasies of a Master Race

Alfred, Peace, Power, Righteousness

Blood quantums bad

Williams Columbia Law Review Cite and Jaimes (Ed.) The State of Native America

Sovereignty

Politics

Partisanship

Introduction of controversial sovereignty issues prevents bush’s relief package — mead 1998 impact

Federalism

State Court counterplan

state court will rule that state legislatures must (ie : give tribes access to title IV funds)

holocaust Appropriation

Big Nasty Control K

DePaul

Baudrillard kritik simulacra and simulation, 1994 Links with definition of Indian country

Dependent definition

Counterplan:

the USFG will abolish the plenary powers doctrine inrecognition of tribal sovereignty immediately

Ft. Hays

Argue that there is a need for rethinking — thinking relay of imperialism — though ontological culture, Indian control, Iraq, Vietnam. Question way approach culture / sovereignty/ identity / borders and more.

Aff is an Americanized way of thinking that excludes other ways. IAC privileges wealth, truth, universality. This allows being to be treated as a commodity, underwriting a history of genocidal violence. Instead reject aff’s imperialism and respond not with resolve but with reserve.

William V. Spanos 2000. America’s Shadow.

Fullerton

Topicality Control

Throughout

Tribes kritik Churchill

Tribal discourse

Kritik of Blood quantums

Sarte kritik of authority, 1948

Harvard

Topicality: Increase federal control

Equal protection policies assume blood quantums (Williams, 1991)

Racial antagonism

Strike down

Columbus Day Racism embedded in policies (Coulter, 2000)

Depicts subjects to colonialist gaze, (Laga (?), 1994)

Shouldn’t brush over past (James, 1997)

Creates a culture of mistrust (Barshaw, 1993)

Idaho State

Topicality Throughout

Neocolonialism Porter, 1998 and 1999

Essentialism

Vickers 1998 and Strickland 1992

ANWR Prolif scenario

Consult state courts

Jones 1998

All relevant state courts will enter into binding consultation with all interested members of Indian Country (as defined by the affirmative) over PL 280

Vagueness

Decolonize counterplan Decolonize Indian law as per Porter

Colonialism Porter

Statism

Race

Liberal law

Illinois State

Topicality Increase control

throughout

Vagueness

Indian Country has to be in plan text

Normativity schlag: field of pain and death, problem of subject

Post colonialism: E.San Juan 1998

Anarchy counterplan levinas net benefit

Law bad

Campbell and shapiro, 1999, Moral Spaces

Statism

Iowa

Topicality

Throughout

Indian country

Increase federal control

Control

Royster, Chicago Kent Law Prof, 89 (Washington Law Review vol 63, P. 581"Inter-sovereign disputes over environmental regulation in Indian country are increasingly common. The federal government, individual states, and native nations all assert interests in controlling pollution on Indian reservations; the question of which sovereign should regulate in this area presents complex issue of federal law, native self-determination, and state autonomy

Engel, Tulane Law Prof, 97 (48 Hastings L.J. 271, 282)In the course of the last fifty years, the need to prevent the states from engaging in a welfare-reducing competition to deregulate in order to attract industry has been used repeatedly to support the tremendous growth of federal control in areas of labor law, corporate law, and environmental law, among others.

Marks, Critical Inquiry @ St. Edwards U 98 (In a Barren Land, P. 348)We must make it clear that Indians can become independent of Federal control without being cut off from Federal concern and Federal support.

Justice Thomas, 98 (Alaska v. Native Village of Venetie, http://supct.law.cornell.edu/supct/html/96-1577.ZS.html)These protections simply do not approach the level of active federal control and stewardship over Indian land that existed in this Court’s prior cases......The Tribe’s contention that such superintendence is demonstrated by the Government’s continuing provision of health, social welfare, and economic programs to the Tribe is unpersuasive because those programs are merely forms of general federal aid, not indicative of active federal control.

Congress Counterplan

we demand congress should amend the ICWA to eliminate the existing family exemptions

Court Disads

Legitimacy (Franklin 1995 and Ball 1978)

Courts of the conqueror

State courts won’t enforce plan — abuse

Newton, 1992

McSloy, 1994

Interbranch conflict = anti plan legislation

Wilderness kritik essentializing vision of pristine wilderness must be rejected

Noble Savage kritik

Court Counterplan Supreme court will hear a test case and rule (plan text)

Bush Terrorism focus disad

Resolve Now-key solve terrorists Holmes, 9/14/01 www.heritage.org/ibrary/execmemo/em775.html

CSM, 9/20"form a coalition"

Bee, Anthropology @ Connecticut, 92 State and Reservation Given the need of members of Congress to appeal to the widest (or most powerful) constituency so as to be reelected, being active on issues of Indian policy is considered risky. This is the basic observation from which others related to the wielding of substantive or political power proceed. To come down strongly for or against either Indian sovereignty or federal trust protection is bound to bring on the wrath of some vociferous constituency. In an era when a single-issue mentality dominates much of the voter sensibility, what a politician needs another source of polarized pressure.

Oil Disad

Biodiversity takeouts

Environmental justice movement

Movement Strong NowDavies, 2001(31 Envtl. L. 229, Spring) "movements began fraying"

Govt Solutions Kill Movement Cole, 95 (14 Stan. Envtl. L.J. ix) "using the law can be disempowering"

Counterplan: Non-native R & D

Self determination movement bad (IPM)

Plenary Power bad: Porter, university of Michigan law review, 1998

Williams, Wisconsin law review, 1986

Porter, Michigan Law Journal, 98 "we can revitalize our sovereignty"

ASPEC: Must be all three branches

Politics Coalition building — Holmes, 9-14-01, heritage foundation

CLS Nunn, 1997

Movements Rosenburg, 1991

Vagueness

Counterplan:

In binding consultation with all relevant tribal actors, the United States Federal Government will [do plan]

Haskew, Derek. "Federal Consultation with Indian Tribes" 24 American Indian law review 21 99/2000,

Courts fail Churchill, 1993

Johnson County Community College

Topicality Control

Federal government

BIA credibility disad

BIA Bad

NMD good

Schell impact

Kansas

Topicality: Federal control — must be a new area not a modification

Throughout — can’t be only one area of land

Substantially = real

Imperialism kritik

Gender / development kritik

Informed consent / consult kritik

Federalism

Warming takeouts

Politics Fast track and protectionism impact

Exceptionism kritik:

assuming that the federal government is the only body that has the technical expertise marginalizes native

Americans, causing eventual annihilation

Kansas State

Topicality: Throughout = everywhere

Violent cartography

Tourism — plan increases it and that is bad

Environmental management — tech fixes are bad for the environment

Identity native Americans are portrayed as disempowered victim - Legitimized colonization

Baudrillard Kritik

Courts counterplan:

the supreme court will address Indian child welfare and rule that congress should act to give tribal government direct access to title IVE funds.

Politics

Tribal conflict

Movements

Macalester

Topicality: Throughout (ie ICWA affects outside of Indian country)

Extra topicality = voter Graham, 1999, American Indian law review, "exclusive forum"

Resource management

Control

Federal Control Porter, 1999, Albany Law review "exclusive power over Indian affairs

Plans must reverse an explicit grant of power from FG to someone

Genocide Trivialization Harff, 1984, Destexhe, 1995 www.phs.org/wgb

CLS

Delay counterplan do plan at the first of next session

Plenary power must assert plenary power in area where it has been granted to another power

Politics: NMD bad, winners win, focus link for a terrorism scenario

Courts counterplan

Storage of materials arguments against re-opening mines affirmative (Navy)

Empire kritik struggle is coming

Plan = diversion

Hardt and Negri, 2000 Empire

Edelman, September 1987 univ. Miami law review, "divert public attention"

use the state and assimilate people into the court — which is evil

Miami of Ohio

Topicality Extra (ie consultation not topical)

Federal control — requires power be taken from the states

Indian Country

Increase

Control is not aid

Racialization (language)

"Indian country" Essentializes a large group

race based identity key to oppression

rhetorically silences native American voices

Jaimes, 1995, American Mixed Race

Haig Bosmajian, 1994, the language of oppression

Noble Savage

Counter plan: USFG will recognize the native nations internal sovereignty.

Human rights credibility net benefit

Have credibility now

Increase controls decreases credibility

Credibility key to human rights and genocide

John Fredericks, 1999 Journal of law and policy"human rights worldwide"

Counterplan: do plan but exclude the word "tribe", Churchill ev as net benefit

Williams kritik of plenary power

Canadian modeling top down approach unique

Young, 1995 3rd world in the first (?)

Tribalism use of the word tribe is racist

Churchill

Consultation counterplan: Haskew, 2000 Consultation without binding or veto power will fail,

sovereignty net benefit

Human Rights DA — US credibility key — undermining sovereignty undermines Credibility

Legal/cultural domination kritik: CLS and plenary power

Michigan

Topicality: increase control = more authority over

Substantial = adverb

States counterplan: the states will refuse to tax natural resource

extraction by non-tribal parties throughout Indian country

Colonialism Battiste and Porter

Politics bush rallying an international coalition to fight terrorism

Plan kills his political capital

Support is key to the coalition

Coalition key to stopping terrorism / global wars / CBW usage

Polarization sovereignty reaffirms racial separatism

No racial terms solves

Colonialism: Porter and Churchill

Only the oppressed can determine solutions for liberation

ASPEC substantial specification

Narrative Mihesuah, Devon, Natives and Academics, 1998

Culture is key: Churchill

Reductionism: Assumes homogeneity

Vickers

Normativity: Schlagg

Federalism with a Global Modeling Impact

indigenous Movement DA w/ Federal Control Link

U — Movements Increasing (Ryser, 7 Tulsa J. Comp. & Int’l L. 129, Fall, 1999, "General Assembly Approval") , Link — Movement in the US is based on Sovereignty Indian Country Today 4/4/01, vol. 20, n 45, pa5, Specific Links McDonnell, 85 Calif. L Rev 919, July, "court requires \ resources", Global Impact 250 Million Falk, 2000, Lam’s at the edge of the state, page XV. FISM Ethnic Conflict DA! Rumrill, CSM, July 17, 1996, page 19

State Courts CP

Restraint K (Churchill Predator argument)

Michigan State

Topicality: Throughout Indian Country

Control = jurisdiction

Funding is not control

A Definition-Topicality- Federal control- control is authority to restrain behavior (Public Administration Dictionary 1995)

B. Violation- The plan is not restrictive authority- contextual evidence proves that consensual policies like partnership/collaborative implementation/ and consultation are all distinct from federal control

Vagueness

Lopez Counter plan: The US Supreme court will make a ruling on 10th amendment grounds extending the Lopez precedent in the area of renewable energy research, development, and deployment projects in the land designated as Indian Country. The 50 States should mandate field testing of renewable energy throughout Indian country. all necessary funding guaranteed, this funding will also direct tribal colleges to engage in programs with the states concerning the deployment of renewable energy

Solvency- delegating regulatory authority to states provides needed experimentation Farber 1994, Daniel, Loyola L.A. Law Review, Spring; Calbresi 95 "very good thing for this country"

Devolution — more self autonomy = balkanization

Fast Track good congress backlashes against Indian funding

Mcneil, FDCH, 7/20/2000

Fast track solves protectionism(national review 7/9)

Bipart key post trade center

Spicer 1998 war impact

A. TPA will pass soon- key to economy,Washington Times, 9/16/01"could rally new support for key

parts of President Bush"

B. Republicans oppose environmental regulationsArizona Republic, 4/9/01 "the party with the most social conservatives contains the fewest environmentalists"

2. Bipart key- IHT 2/17/01"negotiating new free trade agreements" "building a bipartisan coalition"

C. TPA key to check protectionismNational Review, July 9/ 2001"Sisyphean boulder"

Spicer 96

More Cites: Cites Congress hates tribal env. Policies

Washington Post, 6/2/95 "Indian interest groups"

Fast Track Pass NowWashington Times, 9/16 "rally new support"

Bipart Key to Fast TrackIHT, 2/17/01"summit meeting with leaders"

San Jose Mercury News, 9/6/01 "bipartisan coalition needed"

National Journal, 9/13/01 "continue business as usual"

AFP, 9/13/01 "airborne terrorist attacks"

New issues kill bipart

Roll Call 9/13 "swift action"

Roll Call 9/17 "old tensions"

Defense Daily International 9/14 "avoid partisan disputes

Washington Post 9/17 "have not been happy"

New York Times, 9/13 "simmered below"

Evening Standard, 9/13"partisan posturing"

Indians Links

Bulletin Frontrunner, 9/8/97"bitter battle"

Santa Fe New Mexican, 2/7/97"tilt is natural"

Knight Ridder, 3/19/01"american Indian vote"

Finanacial Tiems, 12/5/95"efficiency improvements"

Journal of Law and Policy, 99"vocies of dissent are becoming louder in Congress"

Arizona Republic, 8/28/97 "unseemly series of assaults"

Environmental Regs Links

LA Times, 2/18/99 "another major assault"

Governing Magazine, 1/2K1 "often bogged down in partisan strife"

Austin American Statesmen, 2/11/01 "delay’s loathing"

Chatanooga Times, 8/19/01 "keeping party members in line"

Omaha World Herald, 2/28/01 "train and ride it home"

The Gift Giving authority to minority groups only a cover for further oppression

Voluntary counterplan

USFG will pass voluntary guidelines and issue appropriate monetary incentives for businesses to {follow plan mandates} Parkinson, 1989, Columbia law review

Culture kritik the idea of culture = oppression

Externalization Bobertz (?), Environmental forum, 1996

Williams kritik: using law bad; Williams 1990 and Delgado 1995

Movements

Legalism kritik

law is a key tool of native American genocide

A. Federal law is constructed on a myth of superiority which causes genocide - Williams, Robert, the American Indian in western political thought, 1990

B. Articulation of alternative native American vision of truth is crucial to avert their silent liquidation- this vision requires rejecting western law that silences victims Same cite- Williams 1990

Binding consultation counterplan

ASPEC

Noble Savage

A. Link- Romanticizing Native American Nations as the ultimate in ecologists is an act of ugly exploitation and turns them into Noble Savages to be used for the white man's causeBordewich, 1996 (Fergus M., "Killing the white man's Indian" p.210

Their depletion of a separate and distinct culture is inherently racist and essentializing it should be rejected on faceGriedman, 1994 (Jonathon, Cultural Identity and Global Process, p. 72-3)

B. Alternative Its imperative that we reject the ecologically noble savage myth as a product of euro-American colonialism and educate others about its discriminatory rhetoricBuege 1996 ( Douglas, "The Ecologically Noble Savage revisited" Environmental Ethics Volume 18, p.71

Reverse ASPEC reallocating funding is abusive

Empire Kritik: Handt and Negri, 2000. Empire.

Sovereignty Turns: Fellman, S. Dale Law Review, 1998

environment case neg: Luke, Capitalism, Democracy, and Ecology, 1999

Misc. case arguments: dam breaching is bad — further loss of species

Counterplan: tribes self regulate on gaming

Warming answers: -Warming not occuring

-adaptation possible

-not human caused

-no consensus/consensus wrong

Middlebury DH

Topicality: Federal control = restraint (must stop federal government action in Indian Country)

Throughout = its everywhere

Indian Country

Movements: Movement coming now; victories coopt

Doctrine of Discovery: Foundation of Federal Indian Law colonialist — Reject Benevolent paternalism of euro centric beliefs

Silent Sin: Must give land back / decolonize first

Decolonization counterplan:

in order to fulfill America’s treaty obligations to native American nations, all illegally occupied public lands will be returned to original inhabitants. Traditional indigenous government will be given full sovereign control over their territory. Ask question for clarification of intent.

Navy

Topicality: throughout

Federal control

Sovereignty: aff = cultural subjugation

ASPEC

Northwestern

Topicality: Resolved "colon"

Indian Country

Control

Increase is not create

Control means must be federal regulation (not states)

Throughout means three parts: reservations, etc…

Federal control

Increase

Resource

ASPEC

The Gift Williams, Derrida

Self Determination Bad — succession impacts

Heidegger

Bipart: Bipart now, plan is divisive (gaming), bipart key to solving

Terrorism

Homo Sacer A kritik of rights — Agamben, 1998

Sovereignty Kritik

Politics

Sovereignty D/A decrease sovereignty = decrease US human rights

Credibility

U.S. / Sino nuke war impact

Lopez counterplan: Devolve authority (ie over the environment) to states

States will do the plan

Federalism Net Benefit

Politics cites: Washington times, 9-19-01"putting aside their partisan"

Dionne, Washington post, 9-21-01 "bush not grab quick victories"

Bulletin’s Frontrunner, 9-19-01"continue to show unity"

Deutsche Presse-(?) 9-14-01"threat of nuclear war"

FTA good will pass now

Plan kills bipart

Bipart key to passage

A key check on protectionism

Spicer nuke war impact

The Museum: the affirmative puts the Indian behind glass.

The museum creates a context for the experience

Boycott the museum

McLoughlin, 1999. Museums and Representations of Native Canadians.

Conquergood, April 1999. Literature in Performance.

Decolonization counterplan

USFG will decolonize all federal Indian law and all current programs. Will be converted to foreign assistance programs. The plan will be offered as bilateral assistance. Robert Clinton, 1993 Arkansas law review

Ban federal control counterplan:

do the plan as government to government assistance, but not control sovereignty is the net benefit

Clinton, 1993 Arkansas law review

Stare Decisis

Self determination good

Fool / Knave

Lots of warming takeouts….

Counterplan states will transfer jurisdiction over water disputes to the USFG

Northwestern / Augustana

Decolonization counterplan Clinton and Porter

International modeling of self determination

Secessionist movements in other nations

Fighting and wars

Pittsburgh

Topicality: Substantially increase federal control

Substantial = blacks law dictionary: without material Qualification

Cohen, Handbook of Federal Indian Law, pg 117

Movements: Indian movements having success with resistance: grapevine 1998

Government / political solutions are tools to disable movements,gable, 1994

movements / resistance better than government / political focus, 1995

Essentialism: Clifton, 1990. Dualisms of Indian vs. Non-Indian

Academics as friends of the Indian

Crawford, 2000. Imagined Indian allows us to see Native America as dead.

Alcove, 1982. Speaking for others = colonialism

Viclars, 1998. Must turn to native voices to stop genocide

Supreme Court Counterplan: Grant cert to a test case

Or

The Supreme Court in all its wisdom and robed glory will grant cert to an appropriate test case ruling that {see plan text}

Politics: NMD

Bipart

Focus

Power kritik

Devolution

SMS

Topicality: Indian country is not Alaska (temple law review, winter 2000)

Increase federal control

Must give more money with intent of dominating or authoritative control

The Matrix Law is based on euro centric epistemology that renders it

indeterminate in native American law and justifies oppression and domination.

Computer: natives will use to increase growth to buy computers that transmit

euro centric knowledge systems that oppress them

Bowers, Vasques, and Boaf (?), 2000

Ecological imperative

Politics: Plan hurts Bipart

White house bullitin 9-20-01 uniqueness

Tax Cuts.

Will pass b/c Democrats and Republicans will cooperate. Washington Post, September 18: "big squabble in front of the American people." Eliminating capital gains tax is necessary to prevent economic recession. Only if congress shows restraint and focuses solely on its top priorities will this happen. Murdock 09/13/01: "The federal budget is not Santa’s shopping list." The US is the key to the global economy. Toedtman, 09/18/01. Mead.

Partisanship

will return at some point, but it is critical to remain unified now and congress will. CSM, 09/19/01: It’s the hour of statesman on Capitol Hill." Congress originates & passes plan. Gross ’89 (Emma R. Contemporary Federal Policy Toward American Indians). Plan will disrupt bipard b/c it is a low priority. Donald Fixico, ’98 (The Invasition of Indian Country in the 20th Ccentury, p. 154. Congress and the President must be cooperative for attack plans to be successful. Kim R. Holmes, PhD, ’01 (Vice President of the Heritage Foundation and Director of its Kathryn and Shelby Collom Davis Institute for International Studies, http://www.heritage.org/library/execmemo/em775.html. Failure to successfully respond could cause a greater attack of nuclear capacity. Washington Times, September 13, 2001. "…if our deeds do not match our rhetoric…."Congress will put off all partisan budget issues to avoid making the US leak and to have a united response to the attacks. Financial Times, September 14, 2001. ""All have dropped to the bottom of a list that is now dominated by a single word: ‘war’"

Congress does the plan (conteporty federal policy toward American Indians, 1989)

Congress Presumity (?) kritik Heritage foundation website

 

States counterplan

the respective state governments should require [plan]. Any federal development program or tech will be used by states

Cites: Pommershiem Braid of Feathers

The American Indian problem of history, 1987

Postmodernism and the Other, Sarder, 1998

White mythologies, Young 1990

Stereotyping:

interplay between two cultures leads to stereotyping because the domateined ha a pre-existing external identity that homogenizes the other and justifies their destruction.

Self determination disad:

other countries will model leading to multiple points of secessionist conflict

Washburn, 1995 redman’s land /whiteman’s land

Indian Movements.

The IEN acts to solve all issues effecting indigenous peoples and their environment, they will not work with the government or any other contrary organizations. Grossman ’95 (Zoltan Co-Founder of Midwest Treaty Network, Z Magazine, November). Indian Movements are gaining political influence like unto no other minority group. Van Slambouck ’99 (Paul, "Native Americans Wield New Political Clout," CSM, 10/27/99). "Indian Activism." Partial accommodation of Native American social movement goals leads to cooptation and undermines structure and leadership, rendering the movement ineffective. Nagel ’96 (Joane, American Indian Ethnic Renewal: Red Power and the Resurgence of Identity and Culture 1996, p. 177). The IEN’s unique cultural incorporation preserves culture in a way that avoids the environmental racism. Other environmental organizations destroy Native cultures through tieir conservations practices. Grossman, above.

Historiography.

The affirmative engages in a historical project. Using narratives structures to translate evidence into facts contextualized within the culture of the historian. (Dr. Alan Munslow, Staffordshire Univ., ’98, Deconstructing History, http://www.inrinfo.ac.uk/ihr/esh/deconst.html. B. The use of history re-creates Indian reality into Euro-American concepts which strangles Indian peoples and robs them of their heritage. Calvin Martin, ’87. Editor, The American Indian and the Problem of History. C. Implications. 1. Actions of the affirmative preserve the status quo and perpetuate ignorance and oppression in their representations of the other. Sardar, ’98 (Ziauddin, Postmodernism and the Other, p. 38. 2. Reject the affirmative. The only way to solve this otherization is to completely uproot ourselves from history. Robert Yount, ’90 (White Mythologies: Writing History and the West, p. 15.

Southern Illinois University

Topicality Increase

Indian Country

Throughout

Control

Movements

Bush ANWR

Bush focus terrorism impact

Power kritik (Carrien, 1994)

Spending Disad

Court counterplan Supreme court rules _________ unconstitutional

Lipkin, 1984

Court revolution / activism net benefit

Used against bioprospecting

CLS

Subjectivity Kritik

South West Texas State University

Topicality: Control — federal government must increase control

Economy: Recession inevitable = spending prolongs = Mead (saving private

ryan)

Federalism Good

Counterplan: Ban Plenary Power: free association is good

Texas

Topicality: increase control is not exercise control; Harvard Law Review, 556

ASPEC

Federal Legitimacy Disad: Legitimacy is key to effective foreign policy

Collect Call: aff claims of activism inappropriate in this forum

Speaking for others = marginalization

Decolonization Counterplan: US Federal Government should decolonize

Solvency from Partor (?) 1998

"must decolonize federal Indian law"

Movements:Reliance on Federal Government decreases ability of movements to mobilize

Indigenous movements critical to world survival

Barsh, 1993, University of Michigan Law Review

Cycle of Benevolence

Disciplinary Power

Turn of the Screw: Federal Indian law is screwed up

" " is under constant reform

Plan perpetuates this system, case guarantees control over Indian country

Politics: ANWAR needed (Bush)

Plan = a win = ANWR drilling

Bipart and trade protections-

Indian-al-ism: Orientalism ala Said turned toward American Indians. Discourse constructs a

disempowered other.

Counterplan: Eliminate federal control, money offered (without controls) for education purposes

Clinton, 1993 Arkansas Law Review

Porter, 1998 University of Michigan Law Review

Empire kritik Hardt and Negri 2000 Debate technology of empire (?)

Indict of global capitalism

Radical Right DA: Bruce Johansen, 2000 native Americans, Fall

Assimilation K

Indian Category K

Imperialism K

UM Columbia

Plenary power = genocide

Binding consultation counterplan

Epistemology kritik indigenous perspective key

University of Missouri at Kansas City

Topicality Increase must be quantifiable increase

Control = restricting

Substantial

In

Federal control

Areas / subsets

APSEC

Multiple Specification bad

Plan Vagueness

Colonial law kritik: law is inherently colonial and bad intrusion upon native American lives — Porter, 1998

Securitization of the environment kritk

Tradeoff DA Budget cuts now

Elber, 2001 — lexis

Increase BIA budget = trade off with national water quality program

= pollution

Ledger 2001 —lexis

Pollution = cancer

Stephenson, 2001 — lexis

Politics

TPA will pass with capital: Bussey, 9-7-01

Bush needs to assert capital to pass: Couriere, 9-14-01

No passage — global recession with trade being key to environment and workers rights

Journal of Commerce, 12-11-98

Relations D/A

BIPART and fast track with trade wars impacts

Dependency turn

Federalism Bush pushing federalism now: Nation’s cities weekly, 3-5-01

Infringing on federalism now = nationalism and nuke war in

Russia

Emoff, Columbus Dispatch, 6-5-99

Colonialism kritik

Consult counterplan: do plan but consult

Net benefit:

BIA / Indian relations increasing now

Pierpoint, 4-25-01

Not consulting decreases relations

Haskew — American Indian Law Review,

99/00

Consultation key to world wide modeling

Ryser, Journal of comparative and

international law, fall, 1999

Consultation solves self determination

Key to survival

University of North Texas

Topicality: as per solvency author — plan text is unfair

Indian country — text must include the term

Federal control — plan must create a new jurisdiction

Bush Disad: plan divides congress

Bipart key to fast track

Trade war = war impact

Courts counterplan (do the plan)

Key to culture - NYU law revue 1997 72/997 Feldblum?

Other cites: george, 1993

Connolly, 1998

Normal means = moving target

Binding consultation counterplan: solves culture better than case

Kuehls, 1996 Beyond Soveriegn territories (?): the space of ecopolitics (?)

DuBois, 1991. Alternatives

Consult CP

Agent Specification

Politics TPA with 2 impacts; global economy and Spicer style protectionism

T Federal control: you ain’t

A K called the 2NR — It’s basically a soused up borders K with a specific link for Indian country

VT/CCVT

Self Determination

Return Land counterplan

World wide modeling turn

Churchill, Struggle for the Land

Arizpe (?), Development — 1997

Silent Sin: complicit acceptance creates 6 sins

    1. plan of action — Alfred 1999, smoke screen of efforts, Churchill 1999, must give back all land, and electric fascism, Churchill, 1999.
    2. reification of control —william’s doctrine of discovery and denies status
    3. plenary power
    4. assimilation — Churchill, 1997
    5. definition of Indian country — thompson 2000, all land is Indian
    6. legal encapsulation — Porter, 1998, benevolent policies

Wayne State

Topicality: Substantial increase = new program

Increase federal control = active restraint

Increase control throughout Indian country

Substantially = without material qualification

Increase = augment

Policy must exist

Control isn’t relinquish

Substantial is quantitative

Control = restriction

Kritik of colonized land — plan colonizes environmental law

Federalism

Western environmental law racist

States counterplan: all 50 states and U.S. territiories as well as the district of Columbia will

Implement the mandates of the aff plan as per IAC through normal state means. Money and enforcement guaranteed.

Spending: World Trade Center = Brink

New spending destroys the economy

Coalition Credibility: Bush must focus exclusively on terrorists

Middle east peace impacts

CLS

Devolution: want for increased native American control stops movement for

Survival. Decline of the nation state is inevitable, sovereignty

prevents succession, global succession good.

Vagueness

Anthropoligical fetishism

Binding consultation counterplan: Claim current methods of consultation are

bad but binding consultation will solve. Also increase severity and solves kritik of how we view native Americans

Weber

Topicality Increase control

Indian Country

Bush good

Bush fast track

Riders Riders get attached to the affirmative plan

ASPEC

UN consultation

White privilege

Epistemology Smith, 1999

Howitt, 1999

Workgroup counterplan Brownell, 2001 univ of Michigan law review, l/n

the BIA will sponsor consultation workgoups to determine best standards for evaluating who is "Indian"

Wichita

Topicality increase is not overturn

control

Euro centrism colonial imposition of law is a form of domination

First stage Guilt from harms done to American Indians in the past manifest in

policies of reification. Denial of the past masks contemporary

problems

Modeling Increasing rights = balkanization

Yugoslavia illustrates increasing rights = violence

Mexican indigenous groups impact

Bush focus on economy now

Key to stability

Meade 1998

Denial plan allows us to reconceptualize how we screwed native

Americans historically. Must end denial for genuine social change

William Jewel

Topicality effects (ie — plan only topical if lawyers get jobs — dependent on

solvency)

Indian Country — must be on a reservation

Control

Counterplan U.S. federal government will amend PL 280 re recommendations

of the Tweten (?) evidence. All enforcement and funding provided via normal means at the request of tribal courts

not topical cuz not throughout

subverts western legal thought by increasing tribal court

power

kritik of epistemology western euro centric though appropriates voices of

native Americans to make it a spectacle, claims to good solvency are mere projections of authors entrenched in this euro centric mindset which excludes the alternative epistemology of native who conceive of space and time differently. Must embrace indigenous alternatives.

Annette James, 1992 The state of native

America

Ward Churchill, 1996 From a native son

The Geopolitics of knowledge and colonial

difference, 1999 "walter" (?)

Sovereignty disad Sharon Obrein, 1989 "American Indian tribal

governments"

Robert N. Clinton, Redressing the legacy of

conquest, a vision of a quest for a decolonized federal Indian law, 1993

Free association counterplan James A. Casey, "notes: sovereignty by

sufferance: the illusion of Indian tribal sovereignty," 1999, Arizona state law journal

Frank Pommersheim, 1999. "Cyotote

Paradox; some Indian law reflections from the edge of the prairie