Tournament: UMKC | Round: 1 | Opponent: Dunno | Judge:
1AC

“On September 11th, 2001…”

Shaub 2011. Shaub, Jonathan D. "A Foucauldian Call for the Archaeological Excavation of Discourses in the Post-Boumediene Habeas Litigation." Northwestern University Law Review 105.2 (2011): 869-918. Web. 23 Aug. 2013.

“On September 11, 2001 . . . ”When a sentence or a

AND

as well as to reengage with the difficult issues of past wartime precedents.

September 11th intensified the power of the nation state.

Nealon 2008. Nealon, Jeffery T. Foucault Beyond Foucault: Power and Its Intensifications since 1984. Stanford, California: Stanford University Press, 2008. Print.

However, among my most overarching arguments will be that we have too hastily abandoned

AND

relations to his late work on the ethics and aesthetics of resistant subjectivity.

Bio-Politics

Post 9-11 discourse constrains our speech.

Shaub 2011. Shaub, Jonathan D. "A Foucauldian Call for the Archaeological Excavation of Discourses in the Post-Boumediene Habeas Litigation." Northwestern University Law Review 105.2 (2011): 869-918. Web. 23 Aug. 2013.

This Note explores the impact that this discourse has had within the Judicial Branch.

AND

error of this proposition and the necessity for the judicial excavation of discourse.

This discourse intensifies sovereign power by normalizing the legitimacy of executive practices.

Shaub 2011. Shaub, Jonathan D. "A Foucauldian Call for the Archaeological Excavation of Discourses in the Post-Boumediene Habeas Litigation." Northwestern University Law Review 105.2 (2011): 869-918. Web. 23 Aug. 2013

Informed by Foucault’s methodology, this Note argues that Judge Leon and many other members

AND

by Foucault, and this Note calls for the same solution: archaeology.

This normalization paves the way for justifying an unending war against an ill-defined enemy.

Shaub 2011. Shaub, Jonathan D. "A Foucauldian Call for the Archaeological Excavation of Discourses in the Post-Boumediene Habeas Litigation." Northwestern University Law Review 105.2 (2011): 869-918. Web. 23 Aug. 2013.

Nine days after the attacks of 9/11, President Bush addressed Congress,

AND

67 thus neatly connecting it all to the origin of 9/11.

Unending war entails the intensification of certain practices of power by expanding the types and scale of punishment practices and the folding in of new bodies and subjects into America’s regime of power.

Dal Lago and Palidda 2010. Dal Lago, Alessandro, and Salvatore Palidda, eds. Conflict, Security and the Reshaping of Society. London And New York: Routledge, 2010. Print.

After the attacks of 11 September 2001 in New York, 11 March 2004 in

AND

in the West, as well as different types of social outcasts).9

This intensification of war can be seen as an escalation of US sovereign power through the expansion of war powers to new targets, institutionalizing new forms of militarized social control.

Dal Lago and Palidda 2010 #2. Dal Lago, Alessandro, and Salvatore Palidda, eds. Conflict, Security and the Reshaping of Society. London And New York: Routledge, 2010. Print.

The most decisive change that is probably able to produce unpredictable effects can be summarized

AND

is not alternative, but rather entirely complementary to peaceful systems of government.

Institutionalized militaristic control of society drives us towards a permanent micro-fascism which places us in a permanent state of exception.

Dal Lago and Palidda 2010 #3. Dal Lago, Alessandro, and Salvatore Palidda, eds. Conflict, Security and the Reshaping of Society. London And New York: Routledge, 2010. Print.

The new wars always have political and social goals, but these are neither national

AND

of the rich and the poverty of the poor to a boiling point.

This state of exception justifies legal civil war, i.e. the elimination of anyone (citizen or non-citizen) who can’t be folded neatly into the social order. This drive towards totalitarianism is and the final stage in the state achieving complete and perfect bio-political control.

Agamben 2003. Giorgio Agamben. The State of Exception - Der Ausnahmezustand. Lecture at European Graduate School. August 2003. Transcription by: Anton Pulvirenti

So among the adjuncts which make difficult the definition of the state of exception there

AND

Nazi Lager. They had lost not only citizenship but any juridical identity.

Biopolitics dooms us to indistinction that allows fascism, ethnic cleansing, genocide, and the horrors of the concentration camp to be made real.

Agamben 1998 Giorgio: Professor of Philosophy and Aesthetics at the University of Verona Homo Sacer: Sovereign Power and Bare Life. Translated by Daniel Heller-Roazen. P. 120-123.

1.2 Karl Lowith was the first to define the fundamental charac­ter of totalitarian

AND

rebirth of new forms of fascism in Europe also have their roots here.

Along with the emergence of biopolitics, we can observe a displacement and gradual expansion

AND

modernity, whose metamorphoses and disguises we will have to learn to recognize.

Bio-politics is reified through our speech acts. The moment we draw a distinction between acceptable and unacceptable subjects as objects of power relations, we performatively intensify the exercise of bio-political power in the state of exception.

Gregory 06 Derek: PhD, Peter Wall Distinguished Professor, and Professor of Geography at the University of British Columbia in Vancouver. “The Black Flag: Guantánamo Bay and the Space of Exception” Geografiska Annaler. Series B, Human Geography, Vol. 88, No. 4 (2006), pp. 405-427. Wiley.

First, Agamben argues that homo sacer emerges¶ at the point where sovereign power

AND

cartography of power is capable of folding¶ such propriety in to such perversity

Framework

John Yoo, a legal scholar, published an article justifying the expansion of executive authority in 1996. Five years later, George W. Bush hired him as his administration’s chief legal advisor. Yoo’s theories became the underpinnings of Bush’s interpretation of presidential authority. Our scholarship and speech produced in this round matter.

Alexander 2012. Alexander, Janet C. "John Yoo’s War Powers: The Law Review and the World." California Law Review 100.331 (2012): 332-64. Print.

John Yoo’s 1996 The Continuation of Politics by Other Means: The Original Understanding of

AND

the participation of legal academics in government and the formation of national policy.

As debaters and scholars, our perceived expertise on this topic leads others to treat our opinions, research, and work as authoritative. Our speech has a constitutive role in the policy formulation and decision making process.

Alexander 2012. Alexander, Janet C. "John Yoo’s War Powers: The Law Review and the World." California Law Review 100.331 (2012): 332-64. Print.

Surely one of the most consequential articles ever published in the California Law Review (

AND

for many of the most extreme and controversial policies of the Bush administration.

Our discourse is like the walking-catfish. It migrates into politics, it doesn’t just stay in the pond of academia, and once there, it wrecks things all to hell.

Alexander 2012. Alexander, Janet C. "John Yoo’s War Powers: The Law Review and the World." California Law Review 100.331 (2012): 332-64. Print.

Even assuming that the criticisms of Yoo’s historical analysis are correct, law reviews publish

AND

War on Terrorism” would at least have been substantially less enthusiastically pursued.

Solvency

We can challenge power from within the effects of its relations, it can’t operate on us without our consent.

Nealon 2008. Nealon, Jeffery T. Foucault Beyond Foucault: Power and Its Intensifications since 1984. Stanford, California: Stanford University Press, 2008. Print

As Foucault suggests, the scholarly consensus surrounding social constructionism too often leads to "

AND

gone are the days when you're out of town or out of reach.

Change happens from within, through a mutation in the forces at work in the system. In a discursive formation, this means our way of speaking must change.

Nealon 2008. Nealon, Jeffery T. Foucault Beyond Foucault: Power and Its Intensifications since 1984. Stanford, California: Stanford University Press, 2008. Print

 Historical change thematized under the rubric of intensity is spurred, developed, or

AND

becomes a poem, or when a verbal dispute becomes a physical confrontation.

Tournament: Motorcityclassic | Round: 3 | Opponent: John Carroll Massarelli-Stolfer | Judge: Henry

1AC

"On September 11^th, 2001…"

Shaub 2011. Shaub, Jonathan D. "A Foucauldian Call for the Archaeological Excavation of Discourses in the Post-Boumediene Habeas Litigation." Northwestern University Law Review 105.2 (2011): 869-918. Web. 23 Aug. 2013.
"On September 11, 2001 . . . "When a sentence or a
AND
as well as to reengage with the difficult issues of past wartime precedents.

September 11^th intensified the power of the nation state.

Nealon 2008. Nealon, Jeffery T. Foucault Beyond Foucault: Power and Its Intensifications since 1984. Stanford, California: Stanford University Press, 2008. Print.
However, among my most overarching arguments will be that we have too hastily abandoned
AND
relations to his late work on the ethics and aesthetics of resistant subjectivity.

State of Exception

Post 9-11 discourse constrains our speech.

Shaub 2011. Shaub, Jonathan D. "A Foucauldian Call for the Archaeological Excavation of Discourses in the Post-Boumediene Habeas Litigation." Northwestern University Law Review 105.2 (2011): 869-918. Web. 23 Aug. 2013.
This Note explores the impact that this discourse has had within the Judicial Branch.
AND
error of this proposition and the necessity for the judicial excavation of discourse.

This discourse intensifies sovereign power by normalizing the legitimacy of executive practices.

Shaub 2011. Shaub, Jonathan D. "A Foucauldian Call for the Archaeological Excavation of Discourses in the Post-Boumediene Habeas Litigation." Northwestern University Law Review 105.2 (2011): 869-918. Web. 23 Aug. 2013
Informed by Foucault’s methodology, this Note argues that Judge Leon and many other members
AND
by Foucault, and this Note calls for the same solution: archaeology.

This normalization paves the way for justifying an unending war against an ill-defined enemy.

Shaub 2011. Shaub, Jonathan D. "A Foucauldian Call for the Archaeological Excavation of Discourses in the Post-Boumediene Habeas Litigation." Northwestern University Law Review 105.2 (2011): 869-918. Web. 23 Aug. 2013.
Nine days after the attacks of 9/11, President Bush addressed Congress,
AND
67 thus neatly connecting it all to the origin of 9/11.

Unending war entails the intensification of certain practices of power by expanding the types and scale of punishment practices and the folding in of new bodies and subjects into America’s regime of power.

Dal Lago and Palidda 2010. Dal Lago, Alessandro, and Salvatore Palidda, eds. Conflict, Security and the Reshaping of Society. London And New York: Routledge, 2010. Print.
After the attacks of 11 September 2001 in New York, 11 March 2004 in
AND
in the West, as well as different types of social outcasts).9

This intensification of war can be seen as an escalation of US sovereign power through the expansion of war powers to new targets, institutionalizing new forms of militarized social control.

Dal Lago and Palidda 2010 ~232. Dal Lago, Alessandro, and Salvatore Palidda, eds. Conflict, Security and the Reshaping of Society. London And New York: Routledge, 2010. Print.
The most decisive change that is probably able to produce unpredictable effects can be summarized
AND
is not alternative, but rather entirely complementary to peaceful systems of government.

Institutionalized militaristic control of society drives us towards a permanent micro-fascism which places us in a permanent state of exception.

Dal Lago and Palidda 2010 ~233. Dal Lago, Alessandro, and Salvatore Palidda, eds. Conflict, Security and the Reshaping of Society. London And New York: Routledge, 2010. Print.
The new wars always have political and social goals, but these are neither national
AND
of the rich and the poverty of the poor to a boiling point.

This state of exception justifies legal civil war, i.e. the elimination of anyone (citizen or non-citizen) who can’t be folded neatly into the social order. This drive towards totalitarianism is and the final stage in the state achieving complete and perfect bio-political control.

Agamben 2003. Giorgio Agamben. The State of Exception - Der Ausnahmezustand. Lecture at European Graduate School. August 2003. Transcription by: Anton Pulvirenti
So among the adjuncts which make difficult the definition of the state of exception there
AND
Nazi Lager. They had lost not only citizenship but any juridical identity.
Biopolitics dooms us to indistinction that allows fascism, ethnic cleansing, genocide, and the horrors of the concentration camp to be made real.
Agamben 1998 ~Giorgio: Professor of Philosophy and Aesthetics at the University of Verona Homo Sacer: Sovereign Power and Bare Life. Translated by Daniel Heller-Roazen. P. 120-123.
1.2 Karl Lowith was the first to define the fundamental charac¬ter of totalitarian
AND
rebirth of new forms of fascism in Europe also have their roots here.
Along with the emergence of biopolitics, we can observe a displacement and gradual expansion
AND
modernity, whose metamorphoses and disguises we will have to learn to recognize.

Our acceptance of the tropes of politics ensures the circulation  of status quo symbols and tropes, ceding political authority to the executive. All impacts inevitable in the status quo . *Edited for gender

Edelman 64 (Murray –Ph.D. in Poli Sci from University of Illinois The Symbolic Uses of Politics pp. 186-187)
The student of political process therefore makes a serious mistake if ~s~he
AND
people create their worlds in a common image and develop common political interests.

Framework

John Yoo, a legal scholar, published an article justifying the expansion of executive authority in 1996. Five years later, George W. Bush hired him as his administration’s chief legal advisor. Yoo’s theories became the underpinnings of Bush’s interpretation of presidential authority. Our scholarship and speech produced in this round matter.

Alexander 2012. Alexander, Janet C. "John Yoo’s War Powers: The Law Review and the World." California Law Review 100.331 (2012): 332-64. Print.
John Yoo’s 1996 The Continuation of Politics by Other Means: The Original Understanding of
AND
the participation of legal academics in government and the formation of national policy.

As debaters and scholars, our perceived expertise on this topic leads others to treat our opinions, research, and work as authoritative. Our speech has a constitutive role in the policy formulation and decision making process.

Alexander 2012. Alexander, Janet C. "John Yoo’s War Powers: The Law Review and the World." California Law Review 100.331 (2012): 332-64. Print.
Surely one of the most consequential articles ever published in the California Law Review (
AND
for many of the most extreme and controversial policies of the Bush administration.

Our discourse is like the walking-catfish. It migrates into politics, it doesn’t just stay in the pond of academia, and once there, it wrecks things all to hell.

Alexander 2012. Alexander, Janet C. "John Yoo’s War Powers: The Law Review and the World." California Law Review 100.331 (2012): 332-64. Print.
Even assuming that the criticisms of Yoo’s historical analysis are correct, law reviews publish
AND
War on Terrorism" would at least have been substantially less enthusiastically pursued.

Solvency

The first step in breaking the system is the deconstruction of the assumption that no alternative to the status quo exists.

Bacevich 10 (Andrew – PhD in American Diplomatic History from Princeton University. Chair of International Relations; Professor of International Relations and History at Boston University "Washington Rules: America’s Path to Permanent War" pg. 229-230)
So proposing to replace the American credo and the sacred trinity might seem a fanciful
AND
the course of the last decade, offers little support for these propositions.

We can challenge power from within the effects of its relations, it can’t operate on us without our consent.

Nealon 2008. Nealon, Jeffery T. Foucault Beyond Foucault: Power and Its Intensifications since 1984. Stanford, California: Stanford University Press, 2008. Print
As Foucault suggests, the scholarly consensus surrounding social constructionism too often leads to "
AND
gone are the days when you’re out of town or out of reach.

Change happens from within, through a mutation in the forces at work in the system. In a discursive formation, this means our way of speaking must change.

Nealon 2008. Nealon, Jeffery T. Foucault Beyond Foucault: Power and Its Intensifications since 1984. Stanford, California: Stanford University Press, 2008. Print
 Historical change thematized under the rubric of intensity is spurred, developed, or
AND
becomes a poem, or when a verbal dispute becomes a physical confrontation.

Statement of Purpose

Our 1AC performs a genealogical examination of the discursive formations which justify the intensification of the executive’s practices of sovereign power. This examination rejects the constitutive role we, as debaters and topic experts, play in legitimizing those practices. Rejection is key to reverse our drive towards a permanent state of exception and legal civil war.