Tournament: UT-Dallas | Round: 3 | Opponent: Houston | Judge:
Step one is the genealogy.
The Japanese internment was an instance were the historical built up of racism against Asian Americans came to a clashing point, there are parallels in today’s historical build up and placement against Arab and Muslim Americans.
Natsu Taylor Saito 1, professor at Georgia State University College of Law, 2001, "Symbolism Under Siege: Japanese American Redress and the 'Racing' of Arab Americans as 'Terrorists,'" Asian Law Journal, 8 Asian L. J. 1, 2001, hein online

Thus far, it has the makings of a feel-good story: a
AND
Arabs, we're all violent and we're all conducting a holy war."67
The precedents of the internment cases make future internments based on race likely and the racist stances are being applied to Arab Americans today.
Nathan Watanabe 4, J.D. Candidate, University of Southern California Law School, 2004, "Internment, Civil Liberties, and a Nation in Crisis," Southern California Interdisciplinary Law Journal, 13 S. Cal. Interdisc. L. J. 2003-2004, Hein Online
B. THE INTERNMENT CASES¶ The greatest move towards containing the threat of sabotage
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hardships are part of war, and war is an aggregation of hardships."

The idealization of Western Civilization can thus be seen as a process that occurs within the American nation-state – the Japanese internment is a nexus of American racial idealization that lays the ground work for its universal vision of a Western Civilization – we see the United States produce legal policies that posit races/culture as threats to our vision, first with the labeling of all Japanese Americans as “saboteurs” and presently with the understanding of Arab-Americans as “terrorists”. Uncovering the mechanisms of American racial empire within its own legal frameworks is the second step to deconstructing the orientalist knowledge utilized in the War on Terror.

Step two is the solution
Thus the advocacy that we must challenge the racist epistemology of Western Civilization in politics and its exclusionary effects by tracing a genealogy of indefinite detention in the War of Terror, starting with the internment of Japanese-Americans.
Our advocacy is critical to analyzing the rationale of racist exclusion and the impacts upon domestic and foreign United States policy and the resolution of the debate community.  

The only alternative to breaking the cycle of damaging epistemology is to embark upon a new era of dialogue and exchange that the advocacy does by opening up the genealogical approach to understating indefinite detention.
Bonney 2008 (Richard Bonney, "The 'Clash of Civilizations' and the Global War on Terror" Peter Lang International Academic Publishers, 2008, Pg. 249-250)
For this to be reversed, and a future ‘clash of civilizations’ averted,
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, what Halper and Clare call a ‘failure of the rational center’. 

Thus are advantage is orientalism.
The problem with the epistemology of the resolution is that it is formed in the process of orientalism which interlocks who is who and what is what, which prevents us from coming to an end to the concept of the clash of civilization epistemology, meaning the resolution and western thought is locked into a never ending cycle of violence and war against the other
Said 01, Published on The Nation (http://www.thenation.com) Published on The Nation (http://www.thenation.com) The Clash of Ignorance Edward W. Said | October 4, 2001 Said was a professor of English and Comparative Literature at Columbia University, a literary theorist, and a public intellectual who was a founding figure of the critical-theory field of Post-colonialism.

Samuel Huntington's article "The Clash of Civilizations?" appeared in the Summer 1993 issue
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-pride than for critical understanding of the bewildering interdependence of our time.

The Orientalism that is embedded in this epistemology creates a system of racialized perpetual war aimed at the other civilizations
Vivenna Jabri, Prof of war studies @ King’s college, 6, “War Security and the Liberal State”, p 51-4
The practices of warfare taking place in the immediate aftermath of 11 September 2001 combine
AND
public life is geared towards combat against potential enemies, internal and external.

Tournament: NE Regional Opener | Round: 2 | Opponent: Bing | Judge: 

Inherency

Korematsu is not discredited it is still valid precedent, ie the law of the land.

Harris 11, David A. Harris, Professor of Law, University of Pittsburgh School of Law, MISSOURI LAW REVIEW , VOLUME 76 WINTER 2011 NUMBER 1 ARTICLES
On the Contemporary Meaning of Korematsu: "Liberty Lies in the Hearts of
Men and Women", LXAU accessed 9/4/13.

In just a few years, seven decades will have passed since the United States
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the current one have instigated a reconsideration of Korematsu in a new light.
 When the Court decided the case in 1944, the United States was at
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constitutional law would keep any branch of government from relying on Korematsu. n7
 Despite this fact, many jurists and scholars believe that no court today would
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in our history, something other than the law must come into play.

Significance

Many legal experts consider Korematsu overruled or unusable as precedent

Harris 11, David A. Harris, Professor of Law, University of Pittsburgh School of Law, MISSOURI LAW REVIEW , VOLUME 76 WINTER 2011 NUMBER 1 ARTICLES
On the Contemporary Meaning of Korematsu: "Liberty Lies in the Hearts of
Men and Women", LXAU accessed 9/4/13.

More than sixty-five years after the Supreme Court’s Korematsu decision and more than
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the toxic combination of war hysteria, xeno-phobia, and racism.
 For example, the eminent constitutional scholar Laurence Tribe of Harvard Law School wrote
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would rely on Korematsu today to sustain similar action by the government. n40
 More importantly, some members of the Supreme Court have weighed in on the
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that courts could not rely on the core principle of Korematsu today. n42

But, the USSC current thinking on equal protection comes from Korematsu, Loving v. Virginia proves.

Harris 11, David A. Harris, Professor of Law, University of Pittsburgh School of Law, MISSOURI LAW REVIEW , VOLUME 76 WINTER 2011 NUMBER 1 ARTICLES
On the Contemporary Meaning of Korematsu: "Liberty Lies in the Hearts of
Men and Women", LXAU accessed 9/4/13.

If history has overruled the majority opinion and vindicated the dissenters, as Laurence Tribe said, n63 Justice Black’s analysis of discrimination under the Equal Protection Clause still stands. Indeed, the Supreme Court’s modern thinking about equal protection begins with Korematsu. Every subsequent case that construes the Equal Protection Clause descends directly from Korematsu.
 For example, in the 1967 case Loving v. Virginia, the Supreme
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teenth Amendment to eliminate." n67 Virginia’s miscegenation law failed this test. n68
 Loving’s embrace of Korematsu’s Equal Protection Clause standard did not prove an anomaly.
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as 1967 in Loving, which relied upon Korematsu. n77  ~*16~
 Thus, even though it seems a bit paradoxical, Korematsu lives as a
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Korematsu, itself, you would never know Mr. Korematsu lost." n79

Thus the plan: The United States Supreme Court Should overturn Korematsu V. United States.

Dis-security Advantage

The practice of Interning an ethnic group for sake of security, the central finding of Korematsu, lives on today. Even Former Chief Rehnquist and current justice Thomas justify this calculus.

Harris 11, David A. Harris, Professor of Law, University of Pittsburgh School of Law, MISSOURI LAW REVIEW , VOLUME 76 WINTER 2011 NUMBER 1 ARTICLES
On the Contemporary Meaning of Korematsu: "Liberty Lies in the Hearts of
Men and Women", LXAU accessed 9/4/13.

Perhaps it might seem troubling to see Korematsu as a continuing source of modern equal
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fringe, but from some of the most influential jurists of our time.
 We can see this in the work of the late Chief Justice William Rehnquist
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apparently justified nonetheless) infringement on civil liberties in war-time. n83
 Chief Justice Rehnquist seemed particularly forgiving of the officials who made the critical decisions
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-chartered Commission on Wartime Relocation and Intern-ment of Civilians. n89
 It boggles the mind to think that a sitting Chief Justice, in his
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those responsible for it makes its rehabilitation more likely." n93  ~*18~
 Purposeful or not, Chief Justice Rehnquist’s comments do not stand alone in terms
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disastrous law" like Korematsu. n99 In reaction, Posner defended Korematsu:
 Actually, I think ~Bush v. Gore~ is like Korematsu,
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could have said: We interpret the Constitution to allow racial discrimination by govern
  ~*19~
 ment when there are urgent reasons for it, and if the military in the middle of a world war says we have to do this, then we’re going to defer, because the Constitution is not a suicide pact. n100
 Judge Posner deserves credit for straightforwardness, especially for a sitting judge. He
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President and the military would have full legal authority to intern civilians again.
 Justice Clarence Thomas has given Korematsu renewed currency. Thankfully, a situation identical
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government’s use of race to advance that objective must be narrowly tailored." n107  
?

To discount Justice Jackson’s warning that Korematsu is a "Loaded Weapon", does not withstand careful analysis, especially in a post 9/11 world.

Harris 11, David A. Harris, Professor of Law, University of Pittsburgh School of Law, MISSOURI LAW REVIEW , VOLUME 76 WINTER 2011 NUMBER 1 ARTICLES
On the Contemporary Meaning of Korematsu: "Liberty Lies in the Hearts of
Men and Women", LXAU accessed 9/4/13.

In his dissent, Justice Jackson framed his objection to the Court’s decision in Korematsu
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precedent with potentially profound consequences. An incident in 2002 illustrates this point.
 On July 19, 2002, the U.S. Commission on Civil
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, who had taken his seat only two months be-fore. n112
 The Commissioners and the audience heard testimony from many witnesses concerning civil rights violations
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There will be a groundswell of public opinion to banish civil rights." n117
?

After the next terrorist attack, there will be calls to intern Arab-Amerians.

Harris 11, David A. Harris, Professor of Law, University of Pittsburgh School of Law, MISSOURI LAW REVIEW , VOLUME 76 WINTER 2011 NUMBER 1 ARTICLES
On the Contemporary Meaning of Korematsu: "Liberty Lies in the Hearts of
Men and Women", LXAU accessed 9/4/13.

Kirsanow’s comments touched off a firestorm of criticism. Critics accused him of suggesting tolerance
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terrorism and up-holding civil liberties "are not mutually exclusive." n120
 Kirsanow could have chosen his words more judiciously. For a public official to
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Arabs and Muslims is a necessary measure that national security de-mands.
If Law school students can justify internment, certainly public officials will.

Harris 11, David A. Harris, Professor of Law, University of Pittsburgh School of Law, MISSOURI LAW REVIEW , VOLUME 76 WINTER 2011 NUMBER 1 ARTICLES
On the Contemporary Meaning of Korematsu: "Liberty Lies in the Hearts of
Men and Women", LXAU accessed 9/4/13.

I believe this possibility is real enough that, in a seminar called Criminal Justice
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the other half, representing a potential internee, argues against it.
 Could something like this actually happen? Merely expressing the fervent hope that this
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11, 2001, could persuade a court to defer to the executive.
 None of my students have said they would want an internment to take place
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be extended to the ’war on terror-ism’?" n124  ~*24~
?
Racism perpetuates dehumanization
Wilder and Memmi 96 ~Gary and Albert, WEB Dubois institute, racial theorists, "Irreconcilable differences." Transition, 71, 1996, pp. 158-177,
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/-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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Similar atrocities have occurred in Rwanda, Cambodia, and the former Yugoslavia.
The Situation that the Korematsu standard was based in parallels today’s situation and leaves the courts in a position to only follow the precedent set before.
?
Baber 02, Liam Braber , Villanova Law Review, 2002, 47 Vill. L. Rev. 451, COMMENT: KOREMATSU’S GHOST: A POST-SEPTEMBER 11TH ANALYSIS OF RACE AND NATIONAL SECURITY

The Korematsu standard has two strengths in the current political climate. n179 First,
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~  The current national security emergency breathes new life into these arguments. n187
We must act to overturn the wartime Internment Cases or we are the authors of the next internment.

Saito 01,Natsu Taylor Saito, Pf of Law Georgia State University, Asian Law Journal
May, 2001, 8 Asian L.J. 1, Symbolism Under Siege: Japanese American Redress and the "Racing" of Arab Americans as "Terrorists", LXAU accessed 9/5/2013, JGM.

We began with the commonly held belief that redress for the internment of Japanese Americans
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trucks by soldiers with bayonets. We must not become those silent observers.
In addition to speaking out about the continuing abuses of civil liberties, we need
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an effort to obtain a reversal of the in-ternment cases.  n158
An aggressive campaign by the federal government to protect the civil rights of Arab Americans
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governmental abuse, but for everyone who looks to the Constitution for protection.
The current abuses of the civil and political rights of Muslims and Arab Americans must
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now, by our action or inaction, the authors of the internment.

Ethical Advantage

The decision and action of support by way of the ballot to overturn Korematsu V.  United States is an action to move away from consequentialist ethical decisions and move toward deontological ethics. This course of ethics gives true to having sold ethics that cannot be changed on the whim. What is not ethical today will be still not be ethical tomorrow.

Moral Reasons have their own justification and are sufficient to provide reasons for action.

Credo Reference-2001 Lawrence C. Becker and Charlotte B. Becker. All rights reserved
http://tq7xh3ee6l.search.serialssolutions.com/find?ctx_ver=Z39.88-200426ctx_enc=info:ofi/enc:UTF-826rfr_id=info:sid/summon.serialssolutions.com26rft_val_fmt=info:ofi/fmt:kev:mtx:book26rft.genre=book20item26rft.title=Encyclopedia20of20Ethics26rft.atitle=deontology26rft.date=2001-01-0126rft.pub=Routledge26rft.isbn=978041593672926rft.externalDocID=10236374

Tournament: West Point | Round: 5 | Opponent: BC | Judge:
The precedent set by Korematsu v. United States is based on a flawed and racist institutional stance on indefinite detention
G. Edward White 11, Distinguished Professor of Law and University Professor, University of Virginia School of Law, December 2011, "Symposium: Supreme Mistakes: Determining Notoriety in Supreme Court Decisions," Pepperdine Law Review, 39 Pepp. L. Rev. 197, lexis nexis
II. Examples of Notorious Mistakes: A First Look¶ ¶ In the long
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to protect the civil rights of minorities as members of the Warren Court. 

The precedents make future internment likely---it massively expands executive authority and offers unlimited deference
Nathan Watanabe 4, J.D. Candidate, University of Southern California Law School, 2004, "Internment, Civil Liberties, and a Nation in Crisis," Southern California Interdisciplinary Law Journal, 13 S. Cal. Interdisc. L. J. 2003-2004, Hein Online
B. THE INTERNMENT CASES¶ The greatest move towards containing the threat of sabotage
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times, these relics of the past are factually analogous and legally applicable.

This was not an aberration---it was one instance consistent with an entire history of racism against Asian Americans---we must right the wrong
Natsu Taylor Saito 1, professor at Georgia State University College of Law, 2001, "Symbolism Under Siege: Japanese American Redress and the 'Racing' of Arab Americans as 'Terrorists,'" Asian Law Journal, 8 Asian L. J. 1, 2001, hein online
Thus far, it has the makings of a feel-good story: a
AND
Arabs, we're all violent and we're all conducting a holy war."67

We have a moral obligation to advocate for effective remedies to injustices like Korematsu---the aff is the necessary starting point to prevent future violence in the name of executive authority
Natsu Taylor Saito 10, Professor of Law, Georgia State University College of Law, “ARTICLE: INTERNMENTS, THEN AND NOW: CONSTITUTIONAL ACCOUNTABILITY IN POST-9/11 AMERICA”, Spring, 2 Duke Forum for L. and Soc. Change 71, Lexis
The dangers illustrated by the internment of Japanese Americans during World War II appear to
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will ensure that they, too, will be repeated in the future.

Thus the plan: The United States Supreme Court Should overturn Korematsu V. United States at the next relevant test case on Supreme Court docket.

The aff is necessary---ending the precedent is vital to prevent history from repeating itself
Stephen I. Vladeck 9, associate professor at American University Washington College of Law, 2009, "The Long War, The Federal Courts, and the Necessity/Legality Paradox," 43 U. Rich. L. Rev. ahttps://webspace.utexas.edu/rmc2289/LT/Vladeck.Short.pdf
B. The Limits of Jackson’s Dissent—and of Wittes’s Argument¶ As much
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Court to be last, not first, to give them up. 158

Korematsu survives silently as a precedent for future violence---only public debate can prevent history from repeating itself
Dean Masaru Hashimoto 96, Assistant Professor of Law at Boston College, “ARTICLE: THE LEGACY OF KOREMATSU V. UNITED STATES: A DANGEROUS NARRATIVE RETOLD”, Fall 1996, 4 UCLA Asian Pac. AM. Law Journal 72, Lexis
During times of war, citizens must bear tremendous costs and burdens; indeed,
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meaning of Korematsu can its potentially dangerous principles and rhetoric be limited effectively.

Tournament: UNT | Round: 3 | Opponent: Baylor SW | Judge: Mark Schmitz

Tracing the Roots

From the present times of detaining 155 individuals at Guantanamo Bay to the Japanese Internment of over 110,000 individuals let us begin by analyzing the reasons why……

The precedents of the internment cases make future detainment of individuals based on race all but assured, and the racist excuses used then are being applied to Arab Americans today.

Nathan Watanabe 4, J.D. Candidate, University of Southern California Law School, 2004, "Internment, Civil Liberties, and a Nation in Crisis," Southern California Interdisciplinary Law Journal, 13 S. Cal. Interdisc. L. J. 2003-2004, Hein Online
B. THE INTERNMENT CASES¶ The greatest move towards containing the threat of sabotage
AND
hardships are part of war, and war is an aggregation of hardships."

The Japanese internment was an instance were the historical built up of racism against Asian Americans came to a clashing point, there are parallels in today’s historical build up and placement against Arab and Muslim Americans.

Natsu Taylor Saito 1, professor at Georgia State University College of Law, 2001, "Symbolism Under Siege: Japanese American Redress and the ’Racing’ of Arab Americans as ’Terrorists,’" Asian Law Journal, 8 Asian L. J. 1, 2001, hein online

Thus far, it has the makings of a feel-good story: a
AND
Arabs, we’re all violent and we’re all conducting a holy war."67

The idealization of Western Civilization can thus be seen as a process that occurs within the American nation-state – the Japanese internment is a nexus of American racial idealization that lays the ground work for its universal vision of a Western Civilization – we see the United States produce legal policies that posit races/culture as threats to our vision, first with the labeling of all Japanese Americans as "saboteurs" and presently with the understanding of Arab-Americans as "terrorists". Uncovering the mechanisms of American racial empire within its own legal frameworks is the second step to deconstructing the orientalist knowledge utilized in the War on Terror.

Thus are advantage is orientalism.

The problem with the epistemology of the resolution is that it is formed in the process of orientalism which interlocks who is who and what is what, which prevents us from coming to an end to the concept of the clash of civilization epistemology, meaning the resolution and western thought is locked into a never ending cycle of violence and war against the other

Said 01, Published on The Nation (http://www.thenation.com) Published on The Nation (http://www.thenation.com) The Clash of Ignorance Edward W. Said | October 4, 2001 Said was a professor of English and Comparative Literature at Columbia University, a literary theorist, and a public intellectual who was a founding figure of the critical-theory field of Post-colonialism.

Samuel Huntington’s article "The Clash of Civilizations?" appeared in the Summer 1993 issue
AND
-pride than for critical understanding of the bewildering interdependence of our time.

The orientalism that is embedded in the resolution creates a system of racialized perpetual war aimed at the particular communities

Vivenna Jabri, Prof of war studies @ King’s college, 6, "War Security and the Liberal State", p 51-4
The practices of warfare taking place in the immediate aftermath of 11 September 2001 combine
AND
public life is geared towards combat against potential enemies, internal and external. 

Presenting the Solution

Thus Cody and I advocate using a genealogical investigation in order to uncover the racist epistemology of the resolution and indefinite detention by starting with the Japanese-American internment to the present to examine the wholesale detainment of individuals based upon their race, nationality, and beliefs.

Our advocacy is critical to analyzing the rationale of racist exclusion and the impacts upon domestic and foreign United States policy and the resolution of the debate community.

Genealogy makes visible the multiplicity that comprises a singular problem which explores and articulates a better understanding of the present

Koopman 13, Genealogy as critique : Foucault and the problems of modernity, pg 24, Colin Koopman is an assistant professor in the philosophy department at Oregon University. 

Genealogy articulates, or makes sayable and visible, that is conceptually the problematizations of
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the conditions of the emergence of the present in which we are present. 

The only alternative to breaking the cycle of damaging epistemology is to embark upon a new era of dialogue and exchange that the advocacy does by opening up the genealogical approach to understating indefinite detention.

Bonney 2008 (Richard Bonney, "The ’Clash of Civilizations’ and the Global War on Terror" Peter Lang International Academic Publishers, 2008, Pg. 249-250)
For this to be reversed, and a future ’clash of civilizations’ averted,
AND
, what Halper and Clare call a ’failure of the rational center’.