Tournament: 2013babyjo | Round: 2 | Opponent: Kansas Khatri-Schile | Judge: Robinson

Contention 1 Precedent

The Supreme Court has yet to repudiate the Korematsu decision

Mauro 13 (Tony, American journalist and author who has covered the United States Supreme Court since 1979, Supreme Court Urged To Correct Korematsu Decision, The National Law Journal, http://www.law.stanford.edu/news/supreme-court-urged-to-correct-korematsu-decision-http://www.law.stanford.edu/news/supreme-court-urged-to-correct-korematsu-decision, April 17^th 2013, JKE)

Professor Deborah Rhode is listed in this National Law Journal article as one of several
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The Case for Supreme Court Repudiation of the Japanese American Internment Cases.

The Korematsu decision was based on racist policies – it has yet to be analyzed again by the higher courts

Green, 11 
(Craig, Professor of Law, Temple University Beasley School of Law, Northwestern University Law Review, "ENDING THE KOREMATSU ERA: AN EARLY VIEW FROM THE WAR ON TERROR CASES," 2011, Vol. 105, No. 3, p.p. 993-995, http://www.law.northwestern.edu/lawreview/v105/n3/983/LR105n3Green.pdf)

Korematsu’s Doctrinal History.—Despite Korematsu’s notoriety, some of its history is known only
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some modern analysts have not looked much further into the Court’s analysis.47

The Korematsu decision was one of the worst in Supreme Court history – it was based only on race

Chemerinsky, 11 
(Erwin, Professor of Constitutional Law at UC Irvine, "Korematsu v. United States: A Tragedy Hopefully
Never to Be Repeated," Pepperdine Law Review, http://digitalcommons.pepperdine.edu/cgi/viewcontent.cgi?article=135626context=plr26sei-redir=126referer=http3A2F2Fscholar.google.com2Fscholar3Fq3DDean2BChemerinsky2Bkorematsu2B26btnG3D26hl3Den26as_sdt3D0252C326as_ylo3D2012~~23search=22Dean20Chemerinsky20korematsu22-http://digitalcommons.pepperdine.edu/cgi/viewcontent.cgi?article=135626context=plr26sei-redir=126referer=http3A2F2Fscholar.google.com2Fscholar3Fq3DDean2BChemerinsky2Bkorematsu2B26btnG3D26hl3Den26as_sdt3D0252C326as_ylo3D2012, pp. 166-168) 

Applying the criteria described above, there is no doubt that Korematsu belongs on the
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upheld only if it is necessary to achieve a compelling government interest.23

The decision was the culmination of 75 years of anti-Asian racism

Snyder, 8
(Fritz, Professor of Law, University of Montana School of Law, "OVERREACTION THEN (KOREMATSU) AND NOW (THE DETAINEE CASES)," The Critui, Vol. 2, Issue 1, p. 101-102, 2008, http://thecritui.com/wp-content/uploads/2011/02/Snyder.pdf-http://thecritui.com/wp-content/uploads/2011/02/Snyder.pdf) 

What happened to people of Japanese ancestry in the aftermath of Roosevelt’s Executive Order 9066
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injustice and deep-seated maladjustments of a cumulative and sinister kind.199

The decision created a ’loaded gun’ type mentality – court decisions like Korematsu retain their menacing power for decades. The precedent the Court sets is adopted by President after President – it just takes one reckless one to exploit the decision.

Green, 11 
(Craig, Professor of Law, Temple University Beasley School of Law, Northwestern University Law Review, "ENDING THE KOREMATSU ERA: AN EARLY VIEW FROM THE WAR ON TERROR CASES," 2011, Vol. 105, No. 3, p.p. 1034-1036, http://www.law.northwestern.edu/lawreview/v105/n3/983/LR105n3Green.pdf-http://www.law.northwestern.edu/lawreview/v105/n3/983/LR105n3Green.pdf)

Another lesson from sixty years of wartime case law concerns the role of judicial precedent
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loaded weapon just waiting for some reckless President to grab and fire.298 

The existence of Korematsu on the books allows for the justification of racially discriminatory war policy

Somin 13 (Ilya, Professor of Law at George Mason University School of Law; earned his B.A., Summa Cum Laude, at Amherst College, M.A. in Political Science from Harvard University, and J.D. from Yale Law School, Repudiating the Japanese Internment Decisions, http://www.volokh.com/2013/03/13/repudiating-the-japanese-internment-decisions/-http://www.volokh.com/2013/03/13/repudiating-the-japanese-internment-decisions/, March 13^th 2013, JKE)

As Irons notes, the overwhelming majority of legal scholars and jurists now recognize that
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elite opinion make racially discriminatory war policies more popular than they are now.

Nativist rhetoric and the perception of physical and cultural difference surrounding Asian Americans and other races in the United States justifies racist and hierarchal violence

Alcoff 3 (Linda Martin, Philosopher at the City University of New York and Hunter College, Former professor of Philosophy at Syracuse University and President of the American Philosophical Association Eastern Division, Latino/As, Asian Americans, and the Black-White Binary, The Journal of Ethics, Volume 7, Issue 1, pgs. 5-27, accessed via ProQuest, 2003, JKE)

Racial oppression works on multiple axes, I would argue, with color being the
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in the U.S. persist in calling it "our canal."

Racism perpetuates dehumanization

Wilder and Memmi 96 ~Gary and Albert, WEB Dubois institute, racial theorists, "Irreconcilable differences." Transition, 71, 1996, pp. 158-177, Accessed online vis JSTOR~ /Wyo-MB

Perhaps Memmi’s most precocious and valuable insights emerge from his belief that racism traps its
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wish to retreat into ghettoized enclaves as natural reactions to the racial dilemma.

Dehumanization makes all actions against the dehumanized possible and encouraged

Maiese 3 (Michelle, philosophy graduate student at the University of Colorado and part of the research staff at the Conflict Research Consortium, Dehumanization, www.beyondintractability.org/essay/dehumanization/-http://www.beyondintractability.org/essay/dehumanization/, July 2003, JKE)

Dehumanization is a psychological process whereby opponents view each other as less than human and
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norms of behavior regarding one’s fellow man seem reasonable, or even necessary. 

Racism makes war and violence inevitable – it presents our enemies as biologically inferior to justify their extermination

Mendieta 2 - (4/25/02, Eduardo Mendieta, PhD and Associate professor of Stonybrook School of Philosophy, " ’To make live and to let die’ –Foucault on Racism Meeting of the Foucault Circle, APA Central Division Meeting")

This is where racism intervenes, not from without, exogenously, but from within
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of the living, then these threat and foes are biological in nature.

Even if we should evaluate consequences, there should be absolute side constraints on deliberately harming innocent people through racist policies

Fried, 94
(Charles, Professor of Law at Harvard, "Absolutism and its Consequentialist Critics, ed. Haber," p. 74) 

The opposing conception of right and wrong, the conception that there are some things
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expressions of respect for persons—respect for others and self-respect. 

The Korematsu decision has set the precedent for racial recklessness and overreaction to national security emergencies

Snyder, 8
(Fritz, Professor of Law, University of Montana School of Law, "OVERREACTION THEN (KOREMATSU) AND NOW (THE DETAINEE CASES)," The Critui, Vol. 2, Issue 1, p. 107-109, 2008, http://thecritui.com/wp-content/uploads/2011/02/Snyder.pdf-http://thecritui.com/wp-content/uploads/2011/02/Snyder.pdf) 

The Supreme Court in the last few years has shown, in large part because
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property without due process of law." Finally, we must not overreact.

Even if internment of a race will never happen again the decision still sets a precedent for future Presidents to abuse their powers

Green, 11 
(Craig, Professor of Law, Temple University Beasley School of Law, Northwestern University Law Review, "ENDING THE KOREMATSU ERA: AN EARLY VIEW FROM THE WAR ON TERROR CASES," 2011, Vol. 105, No. 3, p. 1033, http://www.law.northwestern.edu/lawreview/v105/n3/983/LR105n3Green.pdf-http://www.law.northwestern.edu/lawreview/v105/n3/983/LR105n3Green.pdf)

One lesson concerns how to prevent "another Korematsu." Under a conventionally narrow interpretation
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as naïve as thinking that future crises will not arise at all.288

Before we can create new effective policies we must examine the racism that has transpired over the years – without correcting the past more racist policies are inevitable – find something more in the context of Korematsu

Griffen, 99 
(Wendell L., Judge for the Arkansas Court of Appeals, "RACE, LAW, AND CULTURE: A CALL TO NEW THINKING, LEADERSHIP, AND ACTION," University of Arkansas at Little Rock Law Review, 21 U. Ark. Little Rock L. Rev. 901, 1999, Lexis)

We have yet to admit the racism that resulted in Chinese exclusion laws in the
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government, law, economics, education, and societal life in general. 

Plan Text

Thus the plan: The Supreme Court of the United States should overturn its decision in Korematsu v. the United States.

Solvency

We must interrogate the Korematsu decision to correct the precedent it set for abuses of Presidential War powers

Green, 11 
(Craig, Professor of Law, Temple University Beasley School of Law, Northwestern University Law Review, "ENDING THE KOREMATSU ERA: AN EARLY VIEW FROM THE WAR ON TERROR CASES," 2011, Vol. 105, No. 3, p.p. 1038-1039, http://www.law.northwestern.edu/lawreview/v105/n3/983/LR105n3Green.pdf-http://www.law.northwestern.edu/lawreview/v105/n3/983/LR105n3Green.pdf)

Iconic war powers precedents offer special interpretive challenges because such cases arise only infrequently from
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that the 9/11 era has firmly and quietly laid to rest. 

The courts should repudiate their decision by reversing the case

Irons, 13 
(Peter, Civil Rights Attorney, and professor emeritus of political science, "UNFINISHED BUSINESS: THE CASE FOR SUPREME COURT REPUDIATION OF THE JAPANESE AMERICAN INTERNMENT CASES," 2013, http://lawprofessors.typepad.com/files/case-for-repudiation-1.pdf-http://lawprofessors.typepad.com/files/case-for-repudiation-1.pdf) 

Although this essay is directed to a general, and hopefully wide readership, it
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to correct its tainted records through a public repudiation of the wartime decisions.

Overturning Korematsu is the only way to ensure other race based policies are repudiated

Wu, 2 
(Frank H., Professor of Law, Howard University, "Profiling in the Wake of September 11," Justice Magazine, http://www.abanet.org/crimjust/cjmag/17-2/japanese.html-http://www.abanet.org/crimjust/cjmag/17-2/japanese.html, September 2002) 

The condemnation of the internment may lead to the condoning of milder measures in the
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All the Laws But One: Civil Liberties in Wartime (Knopf 1998).)

Remembrance of the racist subordination surrounding the Korematsu case enables the creation of a lens that allows us to recognize and address future instances of racism like those Muslim and Arab Americans experience today

Volpp 10 (Leti, Robert D. and Leslie Kay Raven Professor of Law in Access to Justice at the University of California – Berkley School of Law receiving her J.D. from Colombia University in 1993, Excesses of Culture: On Asian American Citizenship and Identity, Asian American Law Journal, Volume 17, Issue 1, pgs. 63-82, accessed via HeinOnline, http://heinonline.org/HOL/Page?handle=hein.journals/aslj1726div=626collection=journals26set_as_cursor=1626men_tab=srchresults26terms=korematsu26type=matchall-http://heinonline.org/HOL/Page?handle=hein.journals/aslj1726div=626collection=journals26set_as_cursor=1626men_tab=srchresults26terms=korematsu26type=matchall, 2010, JKE)

Let me conclude by turning to our present circumstances, by examining, post-
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civilized and feminist, in stark contrast to Islam and to Muslims.78

Tournament: Kentucky | Round: 5 | Opponent: James Madison Bosley-Miller | Judge: Turner
1AC

The source of executive authority is the rhetorical and symbolic power of the office.  The new war lexicon is a discourse and terminology ideally suited to charismatic Presidential calls for bureaucratic violence.  Only an examination of charismatic authority and the new war lexicon can restrict executive war powers.

Saas 12 (William, doctoral candidate in the Department of Communication Arts and Sciences at the Pennsylvania State University, “Critique of Charismatic Violence,” symploke, Volume 20, Numbers 1-2, 2012, MUSE, JS)

Certainty, containment, sedimentation, efficiency, and order: these are the logics
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an "effective though fictional" space resistant to immanent critique (87).

The modern state of exception is rhetorical, not temporal.  Charismatic violence creates an indefinite expansion of the national security state.  Only rhetorical strategies can save us from our charismatic leaders and the executive bureaucracy.

Saas 12 (William, doctoral candidate in the Department of Communication Arts and Sciences at the Pennsylvania State University, “Critique of Charismatic Violence,” symploke, Volume 20, Numbers 1-2, 2012, MUSE, JS)

 In contradistinction to Schmitt and Agamben, I argue that the state of exception
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Who will save us from our charismatic leaders? End Page 80

And, we must pay attention to the wider pathology that allows authority to be vested in the executive—constructions of organizational power are fundamentally rhetorical and subject to subversion from within.

Saas 12 (William, doctoral candidate in the Department of Communication Arts and Sciences at the Pennsylvania State University, “Critique of Charismatic Violence,” symploke, Volume 20, Numbers 1-2, 2012, MUSE, JS)

The September 11, 2001 terrorist attacks in New York, Pennsylvania, and Virginia
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to be of the "preventive" kind with Iran (Greenwald 2012).
The new war lexicon is one symptom of the unprecedented expansion of executive power following
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be re-elected in part because he has in fact enhanced them. 

The executive bureaucracy must be understood as fundamentally rhetorical.  Only this understanding allows a reshaping of the language-violence nexus.

Saas 12 (William, doctoral candidate in the Department of Communication Arts and Sciences at the Pennsylvania State University, “Critique of Charismatic Violence,” symploke, Volume 20, Numbers 1-2, 2012, MUSE, JS)

In The Language of War: Literature and Culture in the U.S.
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actually existing bureaucratic forms. Such is the task of the following section.

Analysis of the discourses that give organizations power is the only method of restricting executive authority — organizations are the point where language and violence intersect.

Dawes 2 (James, Assistant Professor of English and American Literature at Macalester University, “The Language of War: Literature and Culture in the U.S. from the Civil War through World War II,” 2002, P. 163-170, JS)

Organizational euphoria and anxiety increased in the immediate postwar period for a variety of reasons
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within the context of and could not withstand scrutiny of intersubjective deliberation.48 

Examination of the rhetorical structures of organizations is a necessary component of restrictions on Presidential authority.  The unchallenged rhetorical primacy of the national security state and the charismatic President prevent any external restraints.

Saito 6 (Natsu Taylor, Georgia State University College of Law, “Reflections on Homeland and Security,” CR: The New Centennial Review 6.1 (2006) 239-267, MUSE, JS)

Throughout U.S. history, any movement that threatens the status quo has
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are willing to question our own fundamental assumptions honestly and confront their implications.