Arizona State University
Topicality: increase doesnt mean repeal
Control doesnt 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 bushs 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 affs imperialism and respond not with resolve but with reserve.
William V. Spanos 2000. Americas 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)
Shouldnt 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 Courts prior cases......The Tribes contention that such superintendence is demonstrated by the Governments 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 wont 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 cant 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. & Intl 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, Lams 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 "delays 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 Americas 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"
Bulletins 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 Santas 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: Its 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 redmans land /whitemans 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 IENs 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: Nations 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 aint
A K called the 2NR Its 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
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 isnt 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