Tournament: UNI | Round: Quarters | Opponent: KCKCC | Judge: Panel
Life in the west is defined against the figure of the Muslim – The Muslim is seen as the embodiment of death as such, excluded from the ethical-political community
Goldberg 09 David, Prof of Comparative Lit at UC-Irvine, The Threat of Race, p. 163-8
The figure of the Muslim, alongside ... self not possible for the beast, or for the beastly in us.
He continues…
Goldberg 09 David, Prof of Comparative Lit at UC-Irvine, The Threat of Race, p. 175-7
The shift in Europe’s dominant fixation ... American foreign adventure, the “new world,” in Bush braggadocio.
One manifestation of this exclusion is the use of material witness laws to indefinitely detain Muslims in the so-called “War on Terror”
Levenson 02 Laurie, “Detention, Material Witnesses and the War on Terrorism,” Loyola of Los Angeles Law Review 35, p.1217-24
The War on Terrorism has capitalized on ... them to do, rather than what it can prove they have done.
Use of the material witness statute effectively guts ANY limitation on the arrest power of the federal government by erasing the boundary between “witness” and “criminal”
Bascuas 05 Ricardo, Assoc Prof of Law, “The Unconstitutionality of ‘Hold Until Cleared’,” Vanderbilt Law Review, p.lexis
Mistakenly believing that federal law ... prospective arrestee committed a crime.
Material witness arrests are targeted at Muslims because of unconscious fear and racialized cognitive biases
Gouldin 12 Lauryn, Assist. Prof of Law at Syracuse, “When Deference is Dangerous,” American Criminal Law Review 49, p.1360-7
Before evaluating the factors that ... against the threats posed by disfavored groups.”204
The threat of material witness detention is uniquely destructive to Muslim political existence due to the risk of guilt by association
Kreimer 04 Seth, Prof of Law at Penn, “Watching the Watchers,” Journal of Constitutional Law 7, p.164-8
Of more current sobering concern is ... witnesses from participating in dissenting activity.
The material witness statute is uniquely abusive because it gives the government a carte blanche
Studnicki and Apol 02 Stacey and John, “Witness Detention and Intimidation,” St. John’s Law Review 76.3, p.485-6
A material witness is an individual ... witness has committed a crime. 10
The exclusion of Arabs and Muslims from the political community is form of “scapegoat justice” that results in the solidification of an American imperialist identity
Denike 08, gender paraphrased Margaret, Assoc Prof of Political Theory, “The Human Rights of Others,” Hypatia 23.2, p.111-2
Exceptional responses to the other ... its on the right side of justice.
PLAN: United States federal courts should rule that the preventative detention of Muslims as material witnesses in the so-called “war on terror” is unconstitutional.
Our plan is an imagination of ethical politics – we must imagine policies that confront unconscious cultural fears and open up possibilities to respond to the other
Oliver 07 Kelly, Prof of Philosophy at Vanderbilt, Women as Weapons of War, p.162-6
The freedom that comes from creating ... our hopes for peace "to the dogs.
Judicial review should be read as parataxis – court precedent is the scene of power and a necessary site of political agency and public memory
Anderson 95 Virginia, Assoc Prof of English, “Antithetical Ethics,” JAC 15.2, p.273-6
None of what the Constitution implies ... audience that tradition had produced.
The struggle against domination and violence requires a radical democratic politics committed to public engagement
Giroux 12 Henry, Waterbury Chair Professor of Secondary Education and Cultural Studies, “Can Democratic Education Survive in a Neoliberal Society?” http://truth-out.org/opinion/item/ 12126-can-democratic-education-survive-in-a-neoliberal-society
As governments globally give up ... of a truly global, democratic future.
We must reinvigorate the constitution as a site for social justice – the only way to make change is to reappropriate the terms of liberal democracy through rhetorical interventions
Anderson 95 Virginia, Assoc Prof of English, “Antithetical Ethics,” JAC 15.2, p.273-6
Hence, Burke's reading of the Constitution ... spaces that many others can share.
We have the best theory of persuasion – the only way to disturb sedimented assumptions about liberal democracy and the constitution is to reappropriate the terms
Anderson 95 Virginia, Assoc Prof of English, “Antithetical Ethics,” JAC 15.2, p.262-3
I take the goals of this critique ... back on themselves in fruitful ways.