Pittsburgh+KS+Aff

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Rd 3, D7-Districts. (New Aff-T-Visas, Liberian Child Soldiers Aff) - vs. Liberty PT
Judge: J. Paul (I apologize for the crazy format)


 * Text: The United States federal government should make available T-visas available to child soldiers.**

Advantage ___ is Liberia.__ __Conflict in Liberia is rearing up again, recent elections prove__ __Economist 1/6/2011 (“Fear of contagion: Trouble is brewing on the two countries’ porous border”, [] ) The second Liberian group that has popped up again, previously known as  the National Patriotic Front of Liberia  ,  was once sponsored by Mr Taylor, who backed Côte d’Ivoire’s northern rebels  in their vain effort to oust Mr Gbagbo during the Ivorian civil war in 2002. Abandoned at the end of that conflict, this group’s militia has swapped sides to fight for Mr Gbagbo. This is worrying for Liberia. A fragile peace has held since its civil war ended in 2003 after 14 brutal years. Disarmament and reintegration continue. But rebel attacks have previously been launched from across borders, sometimes with a wink from neighbouring governments. Ethnic groups straddling borders can spread war on either side. “Fighters have their own unpredictable agendas and retribution in Liberia is a danger ,” says Pewee Flomoku, an analyst in Monrovia, Liberia’s capital. Liberia has its own elections in October. President Ellen Johnson Sirleaf, Africa’s first female head of state, seems likely to be re-elected. But opposition politicians may be tempted to use gunmen returning from Côte d’Ivoire to stir up trouble. Liberia’s government has stepped up security at crossings. But the border with Côte d’Ivoire often runs through jungle and is 716km (445 miles) long. Some 85% of Liberians are said to be out of work; average annual income is around $200. “ Many former fighters are jobless and linger around  ,” says Mr Flomoku. “Money and arms are a strong pull.” Meanwhile Mr Gbagbo is proving hard to oust , even though most of the world, including the UN and the African Union (AU), is arrayed against him. A bevy of African leaders has flown in to persuade him to go. The presidents of Benin, Cape Verde and Sierra Leone, among others, aired the idea of using military force, as well as offering him safe passage into exile. Most recently Kenya’s prime minister, Raila Odinga, has done his bit, in vain. Regional outfits, led by the influential 13-country Economic Community of West African States (ECOWAS), have excluded Mr Gbagbo from their membership. He and his circle have been banned from travelling to most Western countries and their assets there frozen. The Central Bank of West African States, serving eight countries formerly in the franc zone, has recognised Alassane Ouattara, Mr Gbagbo’s rival for the presidency, as Côte d’Ivoire’s new head of state, and is refusing to accept Mr Gbagbo’s signature for transactions. ECOWAS has repeatedly threatened force. But Mr Gbagbo is still backed by the Ivorian army, state television and mobs in Abidjan, the commercial capital in the south, where his support is strongest. An attempt by Mr Ouattara’s people to march on the state television building on December 16th left about 20 dead. At least 170 more have been killed since then. The UN’s peacekeeping chief in Côte d’Ivoire, whose mandate is only to protect civilians, wants more troops to defend the Abidjan hotel where Mr Ouattara is holed up. Though international bodies may try to starve Mr Gbagbo of cash, he has a lot of it stashed away. Receipts from cocoa, the economy’s mainstay, which is still being exported through the two main Ivorian ports, continue to fill his coffers. In power since 2000, Mr Gbagbo is a master of calling his opponents’ bluff. Regional forces have previously intervened in west Africa to prop up governments under threat, such as those in Liberia and Sierra Leone. However, ousting a government by force is another matter. The AU managed it in 2008 in the puny Comoro Islands. But Côte d’Ivoire, by regional standards, is powerful. An attack on Mr Gbagbo’s Abidjan headquarters might risk high casualties. Supporters of the recalcitrant leader, who remains strong in the south, could also inflict ferocious reprisals on civilians, especially northerners, suspected of favouring Mr Ouattara. In short, while fear of regional contagion rises, Mr Gbagbo’s rapid removal looks as awkward as ever. The ability to use child soldiers makes civil war in Liberia inevitable AFP 07 (Agence France-Presse, 6/11/07. “Africa to mull post-conflict problems at UN conference.” [] ) In Sierra Leone some 7,000 child soldiers have been reintegrated, among the overall total of 72,500 former fighters who killed, maimed and mutilated hundreds of thousands during a decade-long reign of terror. This time the venue is, symbolically, the capital of the Democratic Republic of Congo, which is emerging from five years of regional wars. A political transition in the country culminated last year with the first free elections in 41 years. The process of integrating former fighters is an uphill task due to problems linked to lack of finance and political shenanigans. In war-ravaged countries such as Angola, the DRC and Liberia the proliferation of small arms and the systematic failure of reinsertion programmes calls the whole process into question. In the DRC, UN experts say 150,000 former combatants need to be reintegrated into civilian life. " If nothing is done for their reinsertion, it will take just one local leader to re-arm 15 percent of them to plunge the country back into instability ," UN official Renner Onana, who deals with security issues, said. Foreign armed groups from neighbouring states remain a major problem and the entire Great Lakes region remains vulnerable to this threat. In the west African country of Liberia, ravaged by back-to-back wars between 1989 and 2003, the descent into renewed bloodletting could be very easy. There were 100,000 demobilised fighters "who can be easily recruited by mercenaries or armed gangs, " Jackson Spear from the Foundation for International Dignity non-governmental organisation said. Burundi, emerging from 13 years of civil war, has managed to reintegrate only 8,000 of 23,000 demobilised fighters, because of political problems and insufficient funding. That sustains and initiates the conflict in Liberia HRW 04 Human Rights Watch, February 2004, “How to Fight, How to Kill: Child Soldiers in Liberia” [] Over the last fourteen years, Liberians have known little but warfare. Conflict and civil war have devastated the country and taken an enormous toll on the lives of its citizens, especially children. Thousands of children have been victims of killings, rape and sexual assault, abduction, torture, forced labor and displacement at the hands of the warring factions. Children who fought with the warring parties are among the most affected by the war. Not only did they witness numerous human rights violations, they were additionally forced to commit abuses themselves. Both of the opposition groups, the Liberians United for Reconciliation and Democracy (LURD) and the Movement for Democracy in Liberia (MODEL),  as well as government forces which include militias and paramilitary groups widely used children when civil war resumed in 2000. In some cases, the majority of military units were made up primarily of boys and girls under the age of eighteen. Their use and abuse  was a deliberate policy on the part of the highest levels of leadership  in all three groups. No precise figures exist as to how many children were used in the last four years of warfare; however, United Nations (U.N.) agencies estimate that approximately 15,000 children were involved in the fighting  .1 Although international law prohibits the use of children in armed conflict, thousands of children, some as young as nine and ten years old, were used by the fighting forces in Liberia. The use of child2 soldiers poses a serious threat to the rights of children, including their rights to life, to health, to protection and to education. Many child soldiers have suffered egregious abuses: forced conscription into the armed groups; beatings and other forms of torture; and psychological damage resulting from being forced to kill others. Girl soldiers have suffered the additional humiliation of rape and sexual servitude, sometimes over periods of several years. That exacerbates the conflict in size and length Singer 05 P.W. Singer, Senior Fellow in Foreign Policy Studies at the Brookings Institution. 2005. Children at War. Pg. 94-95. A s a new source of fighters, children multiply the potential military capabilities of groups that choose to adopt the child soldier doctrine. This eases the difficulties groups often face in force generation, thus increasingly the likelihood of rebellions and wars. Children’s recruitment also allows the proliferation of armed opposition groups with weakened or nonviable ideological bases, which would have prevented their survival just a few decades ago. Moreover, the way in which child soldiers are used means that those conflicts are inherently “messier,” featuring atrocities and attacks on civilians. At the same time, child soldier group leaders consider children’s lives cheaper. Subsequently, they deploy their recruits on the battlefield in a manner that leads to a higher casualty ratio. The ultimate result is that, when children are present, violent conflicts tend to be easier to start, harder to end, and greater in loss of life. They also lay the groundwork for conflict recurrence in following generations. Even if conflict doesn’t spread, trauma shapes the psyche of child soldiers making repeat conflict inevitable West 98 Harry G. West, New School for Social Research, “Girls With Guns: Narrating The Experience Of War Of Frelimo’s ‘‘Female Detachment,’’ Anthropological Quarterly, 1998, accessed June 29, 2007, jk Increasingly, the literature also focuses on how children are drawn into violent conflict as combatants and perpetrators of the violence. The roles of victim and perpetrator, this literature seeks to demonstrate, are not necessarily mutually exclusive. In the stereotypical scenario, portrayed in the literature on children and war in locations around the globe, children are conscripted to serve guerrilla insurgencies and, sometimes, state militaries well below the age of eighteen. After a brief training period, the loyalty of new conscripts is often tested through compelling them to commit atrocities, sometimes against former neighbors and even members of their own family. These children are overtaken by a sense that they no longer have a home and a family to which they might return some day. State militaries and guerrilla armies are often successful in driving a wedge between new conscripts and their communities of origin, producing for societal consumption an image of these young people as insensate killing machines. But many who have worked with ex-child soldiers in a post-war context have reported that they suffer long-term remorse and guilt for such deeds,  even when carried out under compulsion (for example, Fleischman 1994). In any case, the general assumption in the literature is that war, and young people's participation in it, gives rise to a future generation of adults for whom violence is a part of everyday life. Today's victims reproduce the "trauma" they have experienced, giving rise tomorrow to cycles of recurring violence. If this is true, it does not bode well for Africa, a continent in which so many of today's population are young people who have experienced violence at first hand. The dramatic influx of conflicts as a result of child soldiers will eventually collapse Liberia and spark refugee flows that destabilize all of Africa. Singer 05 P.W. Singer, Senior Fellow in Foreign Policy Studies at the Brookings Institution. 2005. Children at War. Pg. 95-96. Child soldiers thus become one of the many forces lessening civil order and undermining weak state institutions, leading to what has become known as the “failed state” phenomenon. The rise of new armed groups in the context of weakening state institutions has repeatedly been the spark for coups, revolts, and other political and ethnic struggles to secure control over resources. As the recent collapse of the DRC illustrates, warlords, plunderers , and other violent actors then often emerge to fill the void left by a failing government. These groups all recruit children to help them build their personal power. That the child soldier phenomenon is concentrated in areas that are undergoing tenuous political transitions, such as Africa and Southeast Asia, only heightens its threat of instability and state failure. It is important to add that, while the West often imagines itself able to stand aside from failed states, the realities of the global system no longer permit this. Since the 1990s more than eight million people have been killed in failed states like Somalia, Liberia, Sierra Leone, and the DRC (all where child soldiers were present) and millions more have become refugees. Within these countries, hundreds of millions more have been deprived of basic human needs, such as security, health care, and education, which then feed back upon the problem. For many, the resulting scenes of chaos and tragedy create a moral imperative to take action. These occurrences may create a strategic mandate to act as well. The failure of local states can destabilize entire regions, create refugee flows that wash upon our doorsteps, or sometimes even endanger valuable financial or political assets. Some claim that the U nited S tates, for example, has equal or greater economic investments in areas of Africa that are at risk than either in the Middle East or Eastern Europe. These include critical supplies of oil (roughly one fifth of all U.S. oil imports) and strategic minerals. These wars cause draw in major powers and go nuclear. Deutsch 02 Dr. Jeffrey Deutsch, founder of the Rabid Tiger Project, a political risk consulting and related research firm, 11-18-02, [] The Rabid Tiger Project believes that  a nuclear war is most likely to start in Africa. Civil wars in the Congo (the country formerly known as Zaire), Rwanda, Somalia and Sierra Leone, and domestic instability in Zimbabwe, Sudan and other countries, as well as occasional brushfire and other wars (thanks in part to "national" borders that cut across tribal ones)  turn into a really nasty stew. We've got all too many rabid tigers and potential rabid tigers, who are willing to push the button rather than risk being seen as wishy-washy in the face of a mortal threat and overthrown. Geopolitically speaking, Africa is open range. Very few countries in Africa are beholden to any particular power. South Africa is a major exception in this respect - not to mention in that she also probably already has the Bomb. Thus, outside powers can more easily find client states there than, say, in Europe  where the political lines have long since been drawn, or Asia where many of the countries (China, India, Japan) are powers unto themselves and don't need any "help," thank you. Thus, an African war can attract outside involvement very quickly. Of course, a proxy war alone may not induce the Great Powers to fight each other. But an African nuclear strike can ignite a much broader conflagration, if the other powers are interested in a fight. Certainly, such a strike would in the first place have been facilitated by outside help - financial, scientific, engineering, etc. Africa is an ocean of troubled waters, and some people love to go fishing. Left to languish in civil wars and child-led conflict, Africa will devolve into a hotspot for terrorists. Singer 05 P.W. Singer, Senior Fellow in Foreign Policy Studies at the Brookings Institution. 2005. Children at War. Pg. 95-96. More important than lost investments is that  these weak or failed zones tend to become havens for transnational terrorist groups. The collapse of governance in Afghanistan may have mattered little to the U nited S tates in the 1980s and 1990s, but it was an issue that came back to haunt us on September 11, 2001. As the UN Special Envoy Lakhdar Brahimi noted, the 9/11 attacks were “a wakeup call, [leading many] … to realize that even smaller countries, far away , like Afghanistan cannot be left to sink to the depths  to which Afghanistan has sunk.” The decay of local law and order in these states give outside extremist groups freedom of operation. These zones then become a magnet for global terror groups that are seeking to take advantage of the local void in governance. As al Qaeda’s basing in Afghanistan illustrates, terrorism tends to thrive where failing or failed states are too weak to stamp it out. Indeed, even state failures that are seemingly disconnected to this threat can still have dangerous consequences. For example, policymakers in Washington were unconcerned by Sierra Leone’s collapse in the 1990s, as they saw little strategic value in the tiny country. Its state failure also had more to do with the child soldiers of the RUF than al Qaeda or any other terrorist groups. Nonetheless, the tiny West African country served as a critical node in the fund-raising efforts of Osama bin Laden’s al Qaeda network. The group used the chaos of Sierra Leone’s war to hid its own activities, including the conversion of al Qaeda cash into more easy to smuggle diamonds in the period just before the 9/11 attacks. In addition, three al Qaeda members reputed to have been involved in the 1998 bombings of the U.S. embassies in Kenya and Tanzania also took refuge in Charles Taylor’s Liberia in the summer of 2001. This illustrates that stability even in far away West Africa, which child soldier groups endanger, should be a concern of American national security. The newest evidence indicates these terrorists will likely attain WMD’s Talent 10 - former US Senator from Missouri (Jim, April 21, 2010, “The Next Terror Attack,” The Missouri Record, [] ) [ The following is taken from the April 21 testimony before the US House of Representatives Committee on Homeland Security regarding the WMD Prevention and Preparedness Act of 2010. The complete testimony is available [|here] .] Mr. Chairman and distinguished members, thank you for the opportunity to speak to you today on behalf of the Commission on the Prevention of Weapons of Mass Destruction Proliferation and Terrorism. Congress created our Commission early in 2008, based on the recommendation of the 9/11 Commission, assigning us the task of assessing the risk of WMD terrorism and recommending steps that could be taken to prevent a successful attack on the United States. The Commission’s Report assessed both nuclear and biological threats, and provided 13 recommendations and 49 action items. The Commissioners unanimously concluded that unless we act urgently and decisively, it was more likely than not that terrorists would attack a major city somewhere in the world with a weapon of mass destruction by 2013. Furthermore, we determined that terrorists are more likely to obtain and use a biological weapon than a nuclear weapon. Shortly thereafter, this conclusion was publicly affirmed by then Director of National Intelligence (DNI) Mike McConnell. Only an enthusiastic US response supporting the reconstruction of Liberia, can keep the international community from abandoning the US and leaving us at the mercy of the terrorists O’Connell 04 (Jamie O'Connell, Law Clerk to the Honorable James R. Browning, United States Court of Appeals for the Ninth Circuit. The Harvard Environmental Law Review, Spring, 2004. 17 Harv. Hum. Rts. J. 207. “Here Interest Meets Humanity: How to End the War and Support Reconstruction in Liberia, and the Case for Modest American Leadership.”) Failing to lead in Liberia also would undermine the U nited S tates' ability to mobilize international cooperation on issues important to it. This interest is no less vital for being indirect: international cooperation is widely recognized as necessary to promote U.S. goals in areas such as security, trade, the environment, and health. Cutting off terrorists' funding requires regulation in every one of the scores of countries integrated into the international banking system, many of which profit from dubious transactions. Trade negotiations involve hundreds of issues, many of which have uncertain distributional consequences that make it difficult to strike deals based purely on immediate mutual interest. Pollution flows easily across borders and presents a classic free-rider problem, tempting every state to hold out on environmental agreements rather than bear the costs of conservation. In the SARS epidemic a new disease threatened the whole world, but a few countries bore the cost of containing it. On these and other issues, U.S. goals often diverge from those of other countries, and it is too expensive to buy them off. Accommodating other states' preferences when it is easy can create goodwill that translates into reciprocal flexibility in other areas. In addition to serving U.S. interests directly, leading in Liberia would generate such goodwill. The Bush Administration's policies have convinced political leaders and the general public in many countries that it has opted out of the international community. They believe the Administration sees little value in international cooperation and cares nothing for the needs and preferences of other countries. 163 The United States went to war in Iraq over widespread international opposition. Its withdrawal from the Kyoto Protocol on global warming drew protests from Europe. It has fought the Comprehensive Test-Ban Treaty, a stronger Chemical and Biological Weapons Convention, and, most vigorously, the International Criminal Court. 164 A survey of European public opinion in early 2002, long before debate on war in Iraq began, [*242] found that "85% of Germans, 80% of French, 73% of British and 68% of Italian respondents say the U.S. is acting mainly on its own interests in the fight against terrorism, while very few feel the U.S. is taking into account the interests of its allies." 165 Bush Administration officials' tone also has been criticized for suggesting disdain for other countries. 166 Clyde Prestowitz, formerly a senior official in the Reagan Commerce Department, decries these unilateral moves, calling the refusal to sign the Kyoto Protocol a "metaphor for American profligacy, unconcern, and arrogance." 167 Michael Ignatieff, director of the Carr Center for Public Policy at Harvard, has commented, "In a war on terror, an isolated America whose military power awakens even the resistance of its friends may prove a vulnerable giant." 168 United States policymakers should heed the view held around the world that the United States has a responsibility to lead international efforts in Liberia. Failure to respond will strengthen the perception that the United States refuses to do its share of the global community's work, and will reduce other countries' willingness to cooperate on other issues. The Washington Post editorialized, The United States, and the Bush Administration in particular, is in sore need of the international goodwill that could be won from a modest but energetic response to Liberia. . . . People around the world[]are questioning whether the United States is still willing to use its strength for international causes outside its own narrowly defined self-defense. 169 The governments of the United Kingdom and France, 170 U.N. Secretary-General Kofi Annan, 171 the editorial pages of The New York Times 172 and The Economist, 173 and the Assistant Secretaries of State for African Affairs under Presidents Reagan, George H. W. Bush, and Clinton 174 all made clear that they considered sending troops a U.S. responsibility. Liberia is widely seen as the U nited S tates' turn to pitch in on the international effect to end the West African war. The United Kingdom and France are leading the international interventions in their former colonies, Sierra Leone and Cote d'Ivoire. The United States maintained close ties with Liberia during the Cold War, as well as in the nineteenth century. "If Washington wants other countries to help in sharing security burdens that fall on its shoulders in the future, it is essential that it play a lead role in Liberia today ," Crocker wrote. 175 Rice, a Democrat, spoke more sharply: "The British have played the major role in Sierra Leone, as have the French in Cote d'Ivoire, and the Australians in East Timor . . . . So far we have just opted out, [rather than] showing some concept of leadership and therefore some concept of burden-sharing in Africa." 176 The most authoritative statement, though, came from the U.S. government itself, through Assistant Secretary Kansteiner: U.S. follow-through on Liberia will affect our relations  with Nigeria and the other 14 countries of ECOWAS. Liberia's stability is important not only for our relations with our African partners. . . but also for our relations with Europe. Specifically, the United Kingdom and France, which have invested significantly in stabilizing Sierra Leone and Cote d'Ivoire, have publicly called on the U.S. to take the lead in resolving the Liberia crisis. Indeed, had the United States walked away from the country it created, many in the world would have doubted the depth of our commitment to Africa. 177 The problem, though, was that the United States had walked away. It deployed a handful of troops for a few weeks and then withdrew completely two days before Kansteiner spoke. The contrast with Iraq could hardly be sharper. In Iraq, the Bush Administration has jealously guarded political and military control over both war and reconstruction. Of Liberia, Deputy Secretary of Defense Paul Wolfowitz said in July, "it's necessary . . . for the U.N. to begin a political process" for national reconstruction. 178 The Administration has so far resisted even the modest involvement others have urged. In Iraq it has pursued an enormous invasion and occupation against the weight of international opinion, costing hundreds of American lives and over $ 100 billion based on only flimsy evidence [*244] of a threat to the United States. 179 If it fails to respond to pleas from  all local factions in  Liberia  and around the world to contribute to a multinational effort to stabilize and reconstruct an entire region, alongside two major allies, at almost no risk to U.S. soldiers, and for less than $ 2 billion over ten years,  it will solidify its reputation abroad as a selfish unilateralist unwilling to do its part as a global citizen. Whether justified or not, this reputation will hinder the United States' pursuit of its interests in areas where cooperation is a necessity, not a luxury. Those allies are absolutely essential to preventing the threat of terrorism. Hamilton 03 (Dr. Daniel Hamilton, Director, Center for Transatlantic Relations at the School of Advanced International Studies, Johns Hopkins University. June 11, 2003. Testimony to the House Committee on International Relations. “Renewing Transatlantic Partnership: Why and How.” [] ) Second, those who advance the proposition of American power and European weakness reduce the concept of power to its purely military component – a simplistic, unidimensional view of power in a complex, multidimensional world. It’s like being forced to watch a black and white, reel-to-reel movie on the wall of your basement when you know the full-color, digital Surround Sound version is playing in the theatre next door. Of course there is no substitute for effective military power when it comes to certain dangers. But in the post-September 11 world, power is distributed differently on different issues and, as Joseph Nye reminds us, resembles a three dimensional chessboard. On military issues, the world certainly is unipolar. But on economic issues, as I described above , the world is multipolar, and on the third level of play -- transnational issues outside the control of governments -- power is chaotically organized and it makes no sense to speak of a unipolar moment. “ Those who focus on only one board in a three-dimensional game are likely to lose in the long run,”3 Nye cautions. Inordinate attention to one dimension of power deprives you of other tools in your tool box and blinds you to problems for which military power may not be the answer – WMD terrorism, or the peaceful reconstruction and rehabilitation of failed or rogue states such as Afghanistan or Iraq,  for example. Few great goals in this world can be reached without America, but few can be reached by America alone. The American people are unlikely to support an approach to the world that makes every problem our problem and then sends our warriors to conduct our foreign policy. In this era of shadowy networks and bioterrorists, failed states and recession, the only way we can share our burdens, extend our influence, and achieve our goals will often be by banding together with others , particularly our core allies. Terrorists could strike at any moment – any delay increases the risk of a massive attack. AP, 7/12/07, “New Intelligence Report Finds Al Qaeda Focused on U.S. Strike,” [] Al Qaeda is stepping up its efforts to sneak terror operatives into the U.S. and has acquired most of the capabilities it needs to strike here, according to a new U.S. intelligence assessment. The draft National Intelligence Estimate is expected to paint an increasingly worrisome portrait of al Qaeda's ability to use its base along the Pakistan-Afghan border to launch and inspire attacks, even as Bush administration officials say the U.S. is safer nearly six years into the war on terror. Among the key findings of the classified estimate, which is still in draft form and must be approved by all 16 U.S. spy agencies: • Al Qaeda is probably still pursuing chemical, biological or nuclear weapons and would use them if its operatives developed sufficient capability. • The terror group has been able to restore three of the four key tools it would need to launch an attack on U.S. soil: a safe haven in Pakistan's tribal areas, operational lieutenants and senior leaders. It could not immediately be learned what the missing fourth element is. • The group will bolster its efforts to position operatives inside U.S. borders. In public statements, U.S. officials have expressed concern about the ease with which people can enter the U.S. through Europe because of a program that allows most Europeans to enter without visas. National Intelligence Estimates are the most authoritative written judgments that reflect the consensus long-term thinking of senior intelligence analysts. Government officials, who spoke on condition of anonymity because the report has not been finalized, described it as an expansive look at potential threats within the U.S. and said it required the cooperation of a number of national security agencies, including the CIA, FBI, Homeland Security Department and National Counterterrorism Center. National security officials met at the White House on Thursday about the intelligence estimate and related counterterrorism issues. The tentative plan is to release a declassified version of the report and brief Congress on Tuesday, one government official said. Ross Feinstein, spokesman for National Intelligence Director Mike McConnell, declined to discuss the document's specific contents. But he said it would be consistent with statements made by senior government officials at congressional hearings and elsewhere. The estimate echoes the findings of another analysis prepared by the National Counterterrorism Center earlier this year and disclosed publicly on Wednesday. That report -- titled "Al- Qaida better positioned to strike the West" -- found the terrorist group is "considerably operationally stronger than a year ago" and has "regrouped to an extent not seen since 2001," according to a counterterrorism official familiar with the reports findings. On Thursday, news of the counterterrorism center's threat assessment renewed the political debate about the nature of the al Qaeda threat and whether U.S. actions -- in Iraq in particular -- have made the U.S. safer from terrorism. At a news conference, President Bush acknowledged al Qaeda's continuing threat to the U.S. and used the new report as evidence his administration's policies are on the right course. "The same folks that are bombing innocent people in Iraq were the ones who attacked us in America on Sept. 11," he said. "That's why what happens in Iraq matters to security here at home." Yet Senate Intelligence Committee Chairman Jay Rockefeller (D., W.Va.) said Iraq has distracted the U.S. He said the U.S. should have finished off al Qaeda in 2002 and 2003 along the Afghan-Pakistan border. Instead, "President Bush chose to invade Iraq, thereby diverting our military and intelligence resources away from the real war on terrorism," Mr. Rockefeller said. He called for the U.S. to end its involvement in what he called the Iraqi civil war. In recent weeks, senior national security officials have been increasingly worried about an al Qaeda attack in the U.S. Appearing on a half-dozen morning TV shows Thursday, Homeland Security Secretary Michael Chertoff laid out a list of factors contributing to his "gut feeling" that the nation faces a higher risk of attack this summer: al Qaeda's increased freedom to train in South Asia, a flurry of public statements from the network's leadership, a history of summertime attacks, a broader range of attacks in North Africa and Europe, and homegrown terrorism increasing in Europe. "Europe could become a platform for an attack against this country," Mr. Chertoff told CNN, although he and others continue to say they know of no specific, credible information pointing to an attack here. Nuclear terrorist attack would lead to extinction Ayson 10 (Robert, Professor of Strategic Studies and Director of the Centre for Strategic Studies: New Zealand – Victoria University of Wellington, “After a Terrorist Nuclear Attack: Envisaging Catalytic Effects”, Studies in Conflict & Terrorism, 33(7), July) A terrorist nuclear attack, and even the use of nuclear weapons in response by the country attacked in the first place, would not necessarily represent the worst of the nuclear worlds imaginable. Indeed, there are reasons to wonder whether nuclear terrorism should ever be regarded as belonging in the category of truly existential threats. A contrast can be drawn here with the global catastrophe that would come from a massive nuclear exchange between two or more of the sovereign states that possess these weapons in significant numbers. Even the worst terrorism that the twenty-first century might bring would fade into insignificance alongside considerations of what a general nuclear war would have wrought in the Cold War period. And it must be admitted that as long as the major nuclear weapons states have hundreds and even thousands of nuclear weapons at their disposal, there is always the possibility of a truly awful nuclear exchange taking place precipitated entirely by state possessors themselves. But these two nuclear worlds —a non-state actor nuclear attack and a catastrophic interstate nuclear exchange—  are not necessarily separable. It is just possible that some sort of terrorist attack , and especially an act of nuclear terrorism,  could precipitate a chain of events leading to a massive exchange of nuclear weapons  between two or more of the states that possess them. In this context, today’s and tomorrow’s terrorist groups might assume the place allotted during the early Cold War years to new state possessors of small nuclear arsenals who were seen as raising the risks of a catalytic nuclear war between the superpowers started by third parties. These risks were considered in the late 1950s and early 1960s as concerns grew about nuclear proliferation, the so-called n+1 problem. It may require a considerable amount of imagination to depict an especially plausible situation where an act of nuclear terrorism could lead to such a massive inter-state nuclear war. For example, in the event of a terrorist nuclear attack on the United States, it might well be wondered just how Russia and/or China could plausibly be brought into the picture, not least because they seem unlikely to be fingered as the most obvious state sponsors or encouragers of terrorist groups. They would seem far too responsible to be involved in supporting that sort of terrorist behavior that could just as easily threaten them as well. Some possibilities, however remote, do suggest themselves. For example, how might the United States react if it was thought or discovered that the fissile material used in the act of nuclear terrorism had come from Russian stocks,40 and if for some reason Moscow denied any responsibility for nuclear laxity? The correct attribution of that nuclear material to a particular country might not be a case of science fiction given the observation by Michael May et al. that while the debris resulting from a nuclear explosion would be “spread over a wide area in tiny fragments, its radioactivity makes it detectable, identifiable and collectable, and a wealth of information can be obtained from its analysis: the efficiency of the explosion, the materials used and, most important … some indication of where the nuclear material came from.”41 Alternatively, if the act of nuclear terrorism came as a complete surprise , and American officials refused to believe that a terrorist group was fully responsible (or responsible at all)  suspicion would shift immediately to state possessors. Ruling out Western ally countries like the United Kingdom and France, and probably Israel and India as well, authorities in  Washington would be left with a very short list consisting of North Korea, perhaps Iran  if its program continues,  and possibly Pakistan. But at what stage would Russia and China be definitely ruled out in this high stakes game of nuclear Cluedo? In particular, if the act of nuclear terrorism occurred against a backdrop of existing tension in Washington’s relations with Russia and/or China, and at a time when threats had already been traded between these major powers, would officials and political leaders not be tempted to assume the worst ? Of course, the chances of this occurring would only seem to increase if the United States was already involved in some sort of limited armed conflict with Russia and/or China, or if they were confronting each other from a distance in a proxy war, as unlikely as these developments may seem at the present time. The reverse might well apply too: should a nuclear terrorist attack occur in Russia or China during a period of heightened tension or even limited conflict with the United States, could Moscow and Beijing resist the pressures that might rise domestically to consider the United States as a possible perpetrator or encourager of the attack? Washington’s early response to a terrorist nuclear attack on its own soil  might  also  raise the possibility of an unwanted (and nuclear aided) confrontation with Russia and/or China. For example, in the noise and confusion during the immediate aftermath  of the terrorist nuclear attack,  the U.S. president might be expected to place the country’s armed forces, including its nuclear arsenal, on a higher stage of alert. In such a tense environment, when careful planning runs up against the friction of reality,  it is just possible that Moscow and/or China might mistakenly read this as a sign of U.S. intentions to use force (and possibly nuclear force) against them. In that situation, the temptations to preempt such actions might grow, although it must be admitted that  any preemption would probably still meet with a devastating response. Advantage__

is the Lost Childhood First is The Normalization of Violence. Recruitment of children into warfare is psychologically damaging Madsen 10 - LLM, JSD Intercultural Human Rights Candidate, Saint Thomas University; MA Social Worker, Rutgers (Jessia Nann, September 20, 2010, “Boy-Child Soldiers in the DRC: A Problem and Policy-Oriented Analaysis,” Worker Paper Series, [], JAK) Once children have become soldiers, it is extremely difficult to reintegrate them back into society. The long-term psycho-social effects of armed conflict on child soldiers can be absolutely devastating .149 Children often experience severe withdrawal symptoms from harsh narcotics, bedwetting, nightmares, and flashbacks.150 Numerous children do not have families to return to and face the possibility of being re-recruited.151 If they are returned to a caregiver, it becomes very arduous for the child to regain sometimes years of their childhood that has been lost.152  Learning to be a child again and go back to school after putting down their weapon is an enormous defeat  that they could have never imagined before joining an armed group. Child soldiers devalue their own lives out of guilt. Pearn 03 (J. Pearn, Department of Paediatrics & Child Health, Royal Children's Hospital, Brisbane, Queensland, Australia, April 2003, “Children and war” Journal of Paediatrics and Child Health, [] , Date Accessed : June 26, 2007, Volume 39 Issue 3 Page 166-172, DC) Child soldiers are vulnerable to three profound sequelae in their adult lives. The first of these is that the desocialization and dehumanization of a young adolescent's mind becomes self-perpetuating. The excitement of interpersonal physical conflict, of combat, of dominance and of sexual violence entraps such victims. Second, the 'lost childhood' of these victims means that schooling and subsequent rehabilitation are very difficult. Third, although as yet there is no published work on the long-term sequelae of 'life and childhood in combat ranks', all who work with children and adolescents are aware of the inescapability of post-traumatic stress disorder. In particular, someone enmeshed throughout their formative years in society-induced psychopathy is very difficult to rehabilitate. The responses of young adolescents to violence and disaster cause profound changes in their attitudes towards life and their future. 62 Adolescents exposed to trauma demonstrate increased risk-taking behaviour. Often, in the pre-recruitment phase when a child or young adolescent is particularly vulnerable to enlistment as a child soldier, he or she has already lost both parents, some or all of their siblings and their extended family. The situation can be compounded by the fact that when parents or other close relatives are lost in massacres, landmine or bomb blasts, or in epidemics, the normal rituals of closure do not occur. Burials and memoralization are a luxury of civilian society or of conflicts where the Laws of War still apply.63 Soldiering affects the physical, mental, and moral development of the child. Troyer 2005 (Kathryn University of Denver originally published in The Applied Anthropologist, Volume 25, Number 2, fall 2005, Pages 135-146. The Mental-Health Needs of Child Soldiers in Uganda: A Case Study of Structural Violence) Armed conflict affects the physical, mental, and emotional aspects of child development. Bullets, bombs, knife wounds, and landmines kill thousands of children each year during wars, but more die from the indirect results of conflict, such as malnutrition and disease in refugee camps. Girls are vulnerable to gender-based violence during the war. Many have been raped while fleeing or staying at refugee camps or  have been forced into prostitution due to economic circumstances. This results in the contraction of sexually transmitted diseases like the human immunodeficiency virus/acquired immunodeficiency syndrome (HIV/AIDS) and unwanted pregnancies at an early age. A child’s education also suffers during a war because safety issues or economic conditions may prevent children from attending school. During armed conflict, a child’s family support system breaks down along with other forms of protection, such as government and community support systems. When children are exposed to traumatic events like war, they often experience nightmares, increased anxiety, decreased appetite, or withdrawal from people around them. Older children and adolescents may feel anxious or depressed, develop aggressive behavior, or lose hope about the future (Machel 2005). Children increasingly participate in war as child soldiers, whether voluntarily or involuntarily, and are at heightened risk of being harmed physically, mentally, and emotionally. Child soldiers are perhaps the most afflicted victims of armed conflict, especially in Africa. This soldiering normalizes violence. Hill and Langholtz 2003 (Kari Hill researcher in the field of child soldiers in Africa Harvey Langholtz is an associate professor at the College of William and Maryand a senior special fellow at the United Nations Institute for Training and Research. Rehabilitation Programs for African Child Soldiers published in peace review online) Although the type  and degree of participation may vary, the wartime experiences of child soldiers are uniformly corrupting and of lasting consequence, affecting children both psychologically and socially. While few studies have focused specilcally on the psychological effects of soldiering on children, the available data do suggest that children who have been involved in war suffer from PTSD. For example, a study at a rehabilitation center in Sri Lanka found that the children suffered from symptoms such as anxiety, nightmares, flashbacks, and suicidal thoughts. Studies that have looked at the effects of children’s exposure to chronic danger indicate the psychological impact soldiering might have on them. First, it may produce changes in personality and patterns of behavior. Second, soldiering may alter the framework children use to interpret and make sense of danger. Third, children’s moral development may be interrupted. When chronic danger is paired with an exposure to political ideology many children develop a “vendetta mentality,” beyond which they may not move. Fourth, danger can affect children by their identification with the aggressor. As a result of this process, children model their behavior on the powerful and aggressive individuals in their environment, who have caused the danger. In a conflict situation, children might eventually come to accept the “power of a gun” as a normal form of discourse and therefore begin to use violence and aggression as a “normal” means of interaction. Soldiering dramatically affects children’s individual, family, and community social spheres. At the individual level, children miss significant portions of their schooling or receive no education at all while they are child soldiers. This is significant for three reasons. First, when the war is over, they lack the skills needed in a civilian economy, which puts them at risk for being re-recruited into the armed forces. Second, when the war ends, it is difficult to enroll the children in school again because they are often at a lower level than other children their age. And third, former child soldiers return to normal society identifying themselves as soldiers rather than as civilians. That embeds violence into society making it inevitable. Troyer 2005 (Kathryn University of Denver originally published in The Applied Anthropologist, Volume 25, Number 2, Fall 2005, Pages 135-146. The Mental-Health Needs of Child Soldiers in Uganda: A Case Study of Structural Violence) Uganda’s history of conflict is a good example of Paul Farmer’s theory of structural violence. Farmer (2003) argues that violence is often structured by historically given and economically driven forces that conspire to constrain human agency through routine, ritual, or the hard surfaces of life. In a structurally violent society, a person’s choices —both small and large— are limited by racism, sexism, poverty, and other forms of oppression. Structural violence influences the nature of adversity, suffering, and marginalization in a society. Violence can sometimes be so structurally and insetitutionally imbedded into a society that its leaders, governments, and emerging groups will continually perpetrate it. For example, human-rights abuses in a structurally violent society are not random in distribution and effect but instead are symptoms of deeper pathologies of power and are intimately linked to the social conditions that determine who suffers abuse and who is shielded from harm (Van Arsdale 2005). The world’s poor are the chief victims of structural violence because the poor are more likely to suffer and less likely to have their suffering noticed (Farmer 2003). The effects of this socialization of violence outweigh the negative’s disads Achvarina & Reich 06 (Vera Achvarina and Simon F. Reich; Vera Achvarina is a doctoral candidate at the Graduate School of Public and International Affairs (GSPIA) at the University of Pittsburgh. Simon F. Reich is Director of the Ford Institute for Human Security at the University of Pittsburgh and Professor of International Affairs at GSPIA. “No Place to Hide: Refugees, Displaced Persons, and the Recruitment of Child Soldiers” International Security Summer 2006) Child soldiering does not assume centrality on the West's security agenda, whose top priorities are terrorism, nuclear  prolif  eration,  and w eapons of m ass d estruction. Nor is it a preoccupation of scholars in security studies. Yet despite its relatively low profile i n both realms, child soldier recruitment is important because it involves the suffering and death of thousands of children every year -- many more than are direct victims of terrorism or the use of w eapons of m ass d estruction. Concerns about the immorality of their recruitment and transgression of the rules of war might be regarded as self-evident. But to this consideration can be added several others, including the heightened exposure of naive children to the risks of death or injury in combat; the difficulty of rehabilitating child combatants; and the excessive cruelty inflicted by some child soldiers on their victims. It has long been understood that socialization into violence in youth creates a generation of violent adults, perpetuating a vicious cycle of instability within countries. Now, according to the aforementioned media reports, child soldiering has become intertwined with terrorism, suggesting that the increasing use of child soldiers poses a long-term threat to the health and security of societies far beyond the borders of the war-torn, fragile states in which these civil and ethnic conflicts take place. If their rehabilitation is difficult but necessary for the future stability of societies, then prevention is arguably even more vital and less costly. Second is The Exploitation of Children. Child soldiers are another form of trafficking that exploits children Madsen 10 - LLM, JSD Intercultural Human Rights Candidate, Saint Thomas University; MA Social Worker, Rutgers (Jessia Nann, September 20, 2010, “Boy-Child Soldiers in the DRC: A Problem and Policy-Oriented Analaysis,” Worker Paper Series, [], JAK) The recruitment of a child for the purpose of sexual exploitation and/or the participation in an armed conflict  falls under the ambit of “trafficking in persons.” 51 The first element of human trafficking is established when the trafficker (commander) recruits the child into the armed forces. T he recruitment can occur within the country border of the DRC or across several nations.52A child soldier is trafficked when there is forced recruitment or no genuine voluntary recruitment; when the recruitment is done without the informed consent of the child’s parent or legal guardian; and when the child is not fully informed about the duties involved in the military service.53 The second element of force, coercion, or fraud is met by the means in which the commander(s) recruit children. Traffickers of children often target unsuspecting young individuals using calculating, ruthless trickery to entice innocent victims. 54 O r traffickers forcefully abduct children from their homes, the streets, schools, or orphanages.55 Finally, the third element of exploitation can be established through multiple means. In the armies, child soldiers are used for a wide range of tasks: They serve as messengers, spies, camp guards or cooks.56 They are used to carry arms and ammunition.57 Many children are also forced into battle, where they are placed on the front lines or have to clear mines.58 Some have even been used for suicide squads. 59 Children face heightened risk of rape, sexual humiliation and prostitution. 60 Male and female child soldiers are often sexually abused and are at high risk of contracting sexually transmitted diseases.61 Many girl soldiers are forced to be the wives of their commanders and this can result in unwanted pregnancies, sexually transmitted diseases (including HIV/AIDS), and social stigmatization. 62 Children are continuously victimized during their experiences as a child sodiers. White 10 - J.D. Candidate, Vanderbilt University Law School, 2010; B.S.F.S. Georgetown University, 2006 (Kathryn, January, “A Chance for Redemption: Revising the "Persecutor Bar" and "Material Support Bar" in the Case of Child Soldiers,” 43 Vand. J. Transnat'l L. 191, Lexis, JAK) While the recruitment process for child soldiers might be multifaceted, the experience of child soldiers is consistently one of victimization. [|n153] Child soldiers are brainwashed "until their ethics and moral values become so distorted that they believe doing evil is good ." [|n154] The children frequently are intoxicated with mind-altering drugs in order to make them fearless. [|n155] Child soldiers are often forced to engage in hard labor such as carrying large loads of arms, munitions, and equipment. [|n156] When a child fails at one of his tasks, he may be beaten or shot. [|n157] Child soldiers may also be forced to harm or even kill other children who break the group's rules. [|n158] New recruits are subjected to coercive indoctrination ; for example, they may be forced to eat the flesh of other child soldiers who tried to escape or who were deemed "traitors," and after killing fellow soldiers, they may be forced to smear themselves with the blood of their former colleague. [|n159] In spite of the terrible and violent acts that child soldiers may commit, their experience is unique and deserves special consideration. Boy soldiers are uniquely at risk to sexual violence due to gender mainstreaming Madsen 10 - LLM, JSD Intercultural Human Rights Candidate, Saint Thomas University; MA Social Worker, Rutgers (Jessia Nann, September 20, 2010, “Boy-Child Soldiers in the DRC: A Problem and Policy-Oriented Analaysis,” Worker Paper Series, [], JAK) In the last decade, sexualized violence against boys including rape, sexual torture, sexual humiliation, mutilation of the genitals, sexual enslavement, and forced incest ; has been reported in 25 armed conflicts throughout the globe.72 If this were to include the number of cases of sexual exploitation of boys that have been displaced by war, the list would encompass 59 armed conflicts. 73 The problem of sexual exploitation against the boy-child soldier is not unfamiliar to the international community. 74 Many international organizations, United Nations (UN) agencies, governmental and nongovernmental, and, international and national courts have acknowledged this issue.75 However, sexual exploitation of the boy-child soldier remains largely un- documented. 76 When the international community began to pay particular attention to the topic of child soldiers and sexual exploitation, through the use of mainstreaming gender issues in the creation of its instruments, it began to lose sight of this major concern. Gender mainstreaming is the process of assessing the implications for both male and female individuals of any planned action, including legislation, policies or programs, i n all areas and at all levels.77 It is a strategy for making women’s and men’s concerns and experiences an integral dimension of the design and implementation, monitoring and evaluation of policies and programs, in all political, economic, and societal spheres in an effort for both men and women to benefit equally, and, to ensure that inequality is not perpetuated.78 The goal is to achieve gender equality.79 However, beginning with the creation of international instruments such as the Vienna Declaration and Program of Action (VDPA), through to the more recent treaties such as the Optional Protocol to the Convention on the Rights of the Child on the Involvement of Children in Armed Conflict (CRCAC), the international community has imbued the world with a sense of gender inequality. The particular needs of the girl-child soldier are almost always emphasized in   the media, UN resolutions, international treaties, and national legislation; however,  the needs of the boy-child soldier are rarely addressed. Dehumanization outweighs Berube 97, Communications at South Carolina, 1997 [David, “Nanotechnological Prolongevity: The Down Side,” Nanotechnology Magazine, p. o/l: [] ] [ Assuming we are able to predict who or what are optimized humans, this entire resultant worldview smacks of eugenics and Nazi racial science. __This would involve__ valuing people as means. More over, there would always be a superhuman more super than the current ones, humans would never be able to escape their treatment as means to an always further and distant end. __This means-ends dispute is at the core of Montagu and Matson's treatise on the dehumanization of humanity. They warn: "its__ destructive toll is already greater than that of any war __, plague, famine, or natural calamity on record -- and __ its potential danger to the quality of life and the fabric of civilized society is beyond calculation. __ For that reason this sickness of the soul might well be called the Fifth Horseman of the Apocalypse.... Behind the genocide of the holocaust lay a dehumanized thought __ ; beneath the menticide of deviants and dissidents... in the cuckoo's next of America, lies a dehumanized image of man... (Montagu & Matson, 1983, p. xi-xii). While it may never be possible to quantify the impact dehumanizing ethics may have had on humanity, it is safe to conclude the foundations of humanness offer great opportunities which would be foregone. When we calculate the actual losses and the virtual benefits, we approach a nearly inestimable value greater than any tools which we can currently use to measure it. Dehumanization is nuclear war, environmental apocalypse, and international genocide. When people become things, they become dispensable __. When people are dispensable, any and every atrocity can be justified. Once justified, __ they seem to be inevitable __ for every epoch has evil and dehumanization is evil's most powerful weapon .] __ Child suffering comes before all other impacts United Nations Department of Public Information, 05 (Children's Rights - Welcome to the United Nations: It's Your World, [] ) While victims of injustice and poverty have always had trouble being heard, none have had more trouble, historically, than children. Whether exploited as child labourers or prostitutes, drafted as young teenagers into armed forces, forced as young girls into a lonely life as domestic workers, deprived of an education to work on the family farm, or denied adequate nutrition and health care, children need help and protection from an adult world that perpetrates most of the abuse. Text: The United States federal government should make available T-visas available to child soldiers. Amending the TVPA creates the necessary international signal to solve Madsen 10 - LLM, JSD Intercultural Human Rights Candidate, Saint Thomas University; MA Social Worker, Rutgers (Jessia Nann, September 20, 2010, “Boy-Child Soldiers in the DRC: A Problem and Policy-Oriented Analaysis,” Worker Paper Series, [], JAK) Acknowledging primarily  that child soldiering is a form of human trafficking is crucial to the recognition of the act as child exploitation  and in the State’s obligations to prevent, protect, and prosecute. Once the international community is able to fully comprehend the nature and extent of sexual exploitation involved with each individual child attempting to be reintegrated into society, it can then adequately begin to dismantle the inappropriate preconceived notions about who is being sexually exploited during wartime , and, assist in the rescue, rehabilitation, and recovery process. That brings the US into line with the CRC Cepernich 10 - JD Candidate, USC Gould School of Law 2010 (Dani, July “Fighting Asylum: A Statutory Exception to Relevant Bars for Former Child Soldiers,” 83 S. Cal. L. Rev. 1099, Lexis, JAK) Not only would such an approach provide greater protection to former child soldiers seeking asylum, but it also would be consistent with the U nited S tates' obligation under the Optional Protocol. As a party to the protocol, the United States committed itself to taking all feasible steps to promote the goals of the protocol, one of which is the successful reintegration of former child soldiers into society. The amendment would address the inadequacies that concerned the Committee in the United Nations' report and would provide the protection that the Committee recommended. Although judicially created exceptions would improve the current state of the asylum law, they would fail to provide the consistency that congressional action could provide. Further, they would not have the same wide-reaching effect for child soldiers. If the United States were to adopt such an amendment, it would reaffirm its dedication to not only stopping the use of child soldiers , but also to addressing the issues created by the continued use of child soldiers. That creates the necessary uniformity in international law Madsen 10 - LLM, JSD Intercultural Human Rights Candidate, Saint Thomas University; MA Social Worker, Rutgers (Jessia Nann, September 20, 2010, “Boy-Child Soldiers in the DRC: A Problem and Policy-Oriented Analaysis,” Worker Paper Series, [], JAK) The international community has a significant stake in ensuring the rights of our children are upheld and protected through the creation of effective measures outlined in the treaties. Children are our future and without providing each of them with their basic human rights, the outlook for tomorrow will not be promising. All of these international bodies and treaties have been instrumental in promoting the prohibition of the use and recruitment of children into the armed forces throughout the globe. Nevertheless, incorporation and implementation of these international guidelines into regional and domestic laws is as equally as important to the creation of the treaty and ratification. If international treaties and regional laws are conflicting as to the definition of a child and at what age a minor can lawfully enlist into the national military,  it will be quite difficult to expect nations to ratify all  of the these treaties, and, implement each of them into its own national laws in which it will be in conformity with all of them. Although there has been significant progress made with the creation of the CRCAC in an attempt to universalize a minimum age for direct participation and recruitment, there are remaining inconsistencies and implementation issues to be addressed globally. Leads to necessary assistance to solve Madsen 10 - LLM, JSD Intercultural Human Rights Candidate, Saint Thomas University; MA Social Worker, Rutgers (Jessia Nann, September 20, 2010, “Boy-Child Soldiers in the DRC: A Problem and Policy-Oriented Analaysis,” Worker Paper Series, [], JAK) Without the recognition of this problem, there will be a significant lack of resources or services in place for boys attempting to be rehabilitated and reintegrated back into society. Boy- child soldiers should not have to live in further fear after demobilization due to social taboos and retaliation. The State must be required, through the assistance of human trafficking instruments, to provide boy- child soldiers with adequate protection and resources necessary for rehabilitation and reintegration. Congressional action would prevent child soldiers from being used in war Cepernich 10 - JD Candidate, USC Gould School of Law 2010 (Dani, July “Fighting Asylum: A Statutory Exception to Relevant Bars for Former Child Soldiers,” 83 S. Cal. L. Rev. 1099, Lexis, JAK) Given that "much control over immigration law has traditionally been vested in Congress," [|n185] the legislature is in the best position to make significant changes that will universally benefit child soldiers seeking asylum in the United States. If an exception is created for former child soldiers, they would be entitled to a nondiscretionary claim that does not currently exist. [|n186] Although they would still face the challenge of proving that they fit within the exception, child soldiers would have the legal right to assert the defenses that apply to their cases. The success of their claims  would not depend  as much  on the differing applications that would be likely under judicially created exceptions. Rather, the INA would make clear that it does not intend to exclude child soldiers  from asylum simply because they were forced, as part of their persecution, to commit atrocious acts. That specifically solves Liberia. Bien 04 - Brooklyn Law School Class of 2005 (Rachel, “Nothing to Declare but their Childhood: Reforming U.S. Asylum Law to Protect the Rights of Children,” 2004 12 J.L. & Pol'y 797, Lexis, JAK) In Liberia and Sierra Leone,  where children were abducted and forcibly conscripted on a massive scale, the UNHCR looked to the CRC and the Child Soldiers Protocol rather than to exclusion practice in developing its policies toward former child soldiers. n195 These policies recognize that forced conscription represents a serious violation of children's rights , and that children, due to their age, should not be held responsible as adult combatants. n196 For example, whereas adult former combatants may not seek asylum until they have been demobilized and placed under observation for a period of time in an internment camp, former child soldiers are not interned, live with other refugees in a refugee camp, and may apply for asylum. n197 The U.N.'s Machel study also emphasized that the use of child soldiers is a problem created by adults, which should be eradicated by adults. n198 In addition, the treaty [*840] establishing the International Criminal Court makes the recruitment of children under age fifteen a war crime. n199 Recognizing that child soldiers are victims first and foremost, the ICC statute shields children under the age of eighteen from prosecution. n200 While there are important policy reasons for prohibiting individuals who voluntarily commit serious crimes from enjoying the benefits of asylum,  these policies , which serve to prohibit former Nazis and other perpetrators of serious crimes from seeking refuge in this country,  were not intended  , nor should they be extended,  to exclude children. n201 To apply the bar to former child soldier s  like Bernard Lukwago  would fly in the face of the positive work that U.S. policymakers and the international community have undertaken to address this pernicious form of child abuse. Solves for broader conflict Morris 08 - J.D. Candidate, Harvard Law School, expected 2010; Ph.D. Candidate, Management and Organizational Behavior, Kellogg School of Management, expected 2012 (Mary-Hunter, Summer, “Babies and Bathwater: Seeking an Appropriate Standard of Review for the Asylum Applications of Former Child Soldiers,” 21 Harv. Hum. Rts. J. 281, Lexis, JAK) Moreover, to allow more former child soldiers asylum in the U nited S tates could actually further our national security objectives. Studies indicate that if we deport former child soldiers back to their countries of origin, they are likely to be reassimilated into the rebel forces  from which they escaped,  adding to the number of our adversaries in the war against terror. n119 Most importantly, evidence suggests that " many armed groups are [*299] sensitive to world opinion ... and heightened attention to the issue of child soldiers  has prompted a growing number of non-governmental armed groups to make public commitments to end the use of child soldiers." n120 Therefore, the U nited S tates might, by supporting and offering aid to former child soldiers, contribute to the quelling of the forced conscription of minors  while simultaneously improving its image as a leader in humanitarian aid. n121 Amending TVPA is key. Its the only comprehensive legislation Tiefenbrun 8 - Professor of Law and the Director of the Center for Global Legal Studies at Thomas Jefferson School of Law in San Diego (Susan, January 2008, “Women, Children, and Victims of Massive Crimes: Legal Developments in Africa: Article: Child Soldiers, Slavery and the Trafficking of Children,” 31 Fordham Int'l L.J. 415, Lexis, JAK) The TVPA is by far  the most comprehensive piece of legislation to address the global problem of trafficking in persons, including children. Children trafficked abroad or into the United States from abroad for the purpose of child soldiering are arguably protected under this statute. The Trafficking in Persons Report ("TIP Report") of 2006 specifically refers to child soldiering in Uganda as an example of one form of human trafficking. [|n198] While there is no significant incidence of child soldiering occurring [*451] in the United States, [|n199] the TVPA can help to educate parents in other countries about the dangers of child soldiering and serve as a good model statute for other nations where child soldiering is more prevalent. The TVPA expands U.S. involvement in prevention measures worldwide by increasing assistance and protection available to victims and by enhancing penalties for perpetrators. In other words, it takes the "three P approach" - prevention, protection, and prosecution - and adds the "three R approach" - rescue, rehabilitation, and reintegration  - that has been advocated by human rights groups and legal scholars for the past decade. Creating the exceptions would lead to refugee resettlement programs which solves Ruesch 08 - JD Candidate, University of La Verne College of Law, 2009 (Benjamin, “Open the Golden Door: Practical Solutions for Child-Soldiers Seeking Asylum in the United States,” 29 U. La Verne L. Rev. 184, Lexis, JAK) There are a couple different ways the admission of former child-soldiers would function. The proposed legislation could include the development of a federally-funded program inside the U.S. with the same objectives as the programs it   has helped develop overseas. Similar to U.S. action taken in Colombia, safe houses or centers could be built in the U.S. with the federal funds. These would provide the necessary shelter, counseling and education for the child-soldier asylees and their families. The key is ensuring "education and the opportunity to re-establish family life and productive livelihoods." n267 The second suggestion is to utilize procedures already in place in the U.S. to care for the needs of a resettled refugee. As a matter of fact, most child-soldiers that desire to come to the U.S. do not have even a remote possibility of making it here on their own. n268 For those child-soldiers that are unable to reach the U.S. and apply for asylum, [*215] the Refugee Admissions Program (refugee resettlement program) could be utilized. n269 In fact, the U.S. is the largest resettlement country in the world. n270 For example, when a refugee first arrives he or she is given aid, like English lessons, money, medical assistance and employment services through the Office of Refugee Resettlement of the Department of Health and Human Services. n271 The purpose of the aid is to allow the refugee to establish a self-sufficient lifestyle. n272 Utilizing the refugee resettlement program would make these proposed changes to the law a reality. The program would give a vehicle to a former child-soldier to come to the U.S. and escape persecution and oppression. It would provide hope to the hopeless.

2AC Politics
A. Defense i. Trafficking is seen as distinct from other immigration issues because they don’t choose to come here EFC, 2009. ( [] ) The Central Intelligence Agency (CIA) World Factbook has defined human trafficking as “Modern day slavery involving victims who are forced, defrauded or coerced into labour or sexual exploitation.” 4 Essentially, human trafficking can be considered less an issue of transporting individuals against their will, and more a crisis of modern day slavery and exploitation of human beings.5  Lack of consent and forced exploitation are characteristics that mark human trafficking as being distinct and separate from migrant smuggling or other immigration issues. ii. Fiat solves the link- plan passes immediately and isn’t debated in Congress so Obama doesn’t burn political capital. B. Offense i. Plan is super popular in Congress. Cepernich 10 - JD Candidate, USC Gould School of Law 2010 (Dani, July “Fighting Asylum: A Statutory Exception to Relevant Bars for Former Child Soldiers,” 83 S. Cal. L. Rev. 1099, Lexis, JAK) Legislative history of the CSAA [|n178] indicates that Congress does in fact recognize the unique form of persecution that child soldiers face , and that it is willing to take legislative action to ensure greater protection for this population. In his statement to the Senate, Senator Durbin described the use of child soldiers as "heartbreaking and horrific.  " [|n179] Although the CSAA addresses criminal liability for those who recruit and use child soldiers, Senator Durbin also commented on the importance of reintegrating former child soldiers into society. He argued that former child soldiers should be treated as victims and should not be subjected to punitive measures for offenses they committed while they were children... . In the absence of [effective rehabilitation and reintegration], former child soldiers may become a generation of adults that will perpetuate conflict and undermine security, creating unforeseen challenges ... . [|n180] The CSAA passed unanimously in the Senate and did not receive any [*1132]  negative votes in the House. [|n181] This level of support indicates Congress's willingness to take action in order to comply with the Optional Protocol and expand the United States' protection of former child soldiers. Given that Congress took this step, it may also be willing to pass an amendment similar to the one proposed in this Note. ii. Winners win – Only legislative success builds political capital Green 6/11/10 – professor of political science at Hofstra University (David Michael Green, 6/11/10, " The Do-Nothing 44th President ", [] ) Moreover, there is a continuously evolving and reciprocal relationship between presidential boldness and achievement. In the same way that nothing breeds success like success, nothing sets the president up for achieving his or her next goal better than succeeding dramatically on the last go around. This is absolutely  a matter of perception, and you can see it best in the way that Congress and  especially the Washington  press  corps  fawn over bold and intimidating presidents like Reagan and  George W.  Bush. The political teams surrounding these presidents understood the psychology of power all too well. They knew that by simultaneously creating a steamroller effect and feigning a clubby atmosphere for Congress and the press, they could leave such hapless hangers-on with only one remaining way to pretend to preserve their dignities. By jumping on board the freight train, they could be given the illusion of being next to power, of being part of the winning team. And so, with virtually the sole exception of the now retired Helen Thomas, this is precisely what  they did. (_) Internal Link debate A. Voting neg links. Plan is debated which means capital is spent. B. No spillover between issues- other factors outweigh political capital. Edwards, 2003 [George C., Distinguished Professor of Political Science at Texas A&M, former Director of the Center for Presidential Studies, Riding High in the Polls: George W. Bush and Public Opinion, [] One of the perennial questions about presidential-congressional relations is the impact of the president’s public approval on the support he received in Congress. Did George W.  Bush’s extraordinarily high approval ratings following the terrorist attacks provide him a significant political resources in his attempts to obtain congressional support for his policies? Did the patriotic response to the attacks help him to mobilize the public on behalf of his programs? Bush certainly seemed aware of the potential advantages of public support – as well as its ephemeral nature. As the president put it, “It is important to move as quickly as you can in order to spend whatever capital you have as quickly as possible.”43 Where the public supported his policies – on fighting the war on terrorism abroad, on investigating and prosecuting terrorism at home, and in reorganizing the government to enhance domestic security – the president ultimately won most of what he sought. Even on security issues, however, the going was not  always  easy. He lost on the issue of privatizing airport security workers, although Congress considered the bill in the immediate aftermath of the September 11 attacks. The president also faced a protracted battle over the new Department of Homeland Security when his proposal for additional flexibility in personnel policy in the department infuriated labor unions, a core Democratic constituency. Passing legislation was even more difficult on the divisive domestic issues that remained on Congress’s agenda, including health care, environmental protection, energy, the economy, the faith-based initiative, corporate malfeasance, judicial nominees, and taxes. The politics of the war on terrorism did not fundamentally alter the consideration of these issues, which continued to divide the public and their representatives in Congress as they had before. The inevitable differences between the parties emerged predictably, exacerbated by the narrow majorities in each chamber and the jockeying for advantage in the midterm elections. Bipartisanship in one arena (the war on terrorism)  does not necessarily carry over in another. As the parties in Congress have become more homogeneous over time and as the number of competitive seats has shrunk, especially in the House, the differences between the parties have increased. The opposition party is not very fertile ground for presidents on most issues – even during wartime. Thus, the president failed to obtain many of his priority items in 2002, including making the 2001 tax cuts permanent and passing his fiscal stimulus program, a robust faith-based initiative, and drilling rights in the Artic National Wildlife Reserve. No progress was made on partially privatizing Social Security, banning cloning and certain kinds of abortion, and passing private-school tax credits, and the president experienced plenty of frustration on obtaining confirmation of his judicial appointees. He also had to sign a farm bill that was much more costly than he wanted. In December 2001, the president concluded quiet negotiations with the Democrats led by Senator Edward Kennedy and signed a bill on education reform. The president was able to claim a victory on one of his priority issues, even though he had to give up many of the most controversial elements of his original proposal. It is significant that to accomplish even this much, the president chose to stay private rather than go public. The modest impact of Bush’s approval is not surprising. The president’s public support must compete for influence with other, more stable factors that affect voting in Congress, including ideology, party, personal views and commitments on specific policies, and constituency interests. Although constituency interests may seem to overlap with presidential approval, they should be viewed as distinct. It is quite possible for constituents to approve of the president but oppose him on particular policies, and it is opinions on these policies that will ring most loudly in congressional ears. Members of Congress are unlikely to vote against the clear interests of their constituents or the firm tenets of their ideology solely in deference to a widely supported chief executive .44 C. The disad isn’t intrinsic. You can do the plan and pass ___. This is best. Aff advantages must be intrinsic. Non intrinsic disads aren’t specific to topic education. Better for equal debate. D. Issues in Congress are compartmentalized – political capital not key Dickinson, 09 – professor of political science at Middlebury College and taught previously at Harvard University where he worked under the supervision of presidential scholar Richard Neustadt (5/26/09, Matthew, Presidential Power: A NonPartisan Analysis of Presidential Politics, “Sotomayor, Obama and Presidential Power,” [] ) As for Sotomayor, from here the path toward almost certain confirmation goes as follows: the Senate Judiciary Committee is slated to hold hearings sometime this summer (this involves both written depositions and of course open hearings), which should lead to formal Senate approval before Congress adjourns for its summer recess in early August. So Sotomayor will likely take her seat in time for the start of the new Court session on October 5. (I talk briefly about the likely politics of the nomination process below). What is of more interest to me, however, is what her selection reveals about the basis of presidential power. Political scientists, like baseball writers evaluating hitters, have devised numerous means of measuring a president’s influence in Congress. I will devote a separate post to discussing these, but in brief, they often center on the creation of legislative “box scores” designed to measure how many times a president’s preferred piece of legislation, or nominee to the executive branch or the courts, is approved by Congress. That is, how many pieces of legislation that the president supports actually pass Congress? How often do members of Congress vote with the president’s preferences? How often is a president’s policy position supported by roll call outcomes? These measures, however, are a misleading gauge of presidential power – they are a better indicator of congressional power. This is because how members of Congress vote on a  nominee or  legislative item is rarely influenced by anything a president does. Although journalists (and political scientists) often focus on the legislative “endgame” to gauge presidential influence – will the President swing enough votes to get his preferred legislation enacted? – this mistakes an outcome with actual evidence of presidential influence. Once we control for other factors – a member of Congress’ ideological and partisan leanings, the political leanings of her constituency, whether she’s up for reelection or not – we can usually predict how she will vote without needing to know much of anything about what the president wants. (I am ignoring the importance of a president’s veto power for the moment.) Despite the much publicized and celebrated instances of presidential arm-twisting during the legislative endgame , then,  most legislative outcomes don’t depend on presidential lobbying. But this is not to say that presidents lack influence. Instead, the primary means by which presidents influence what Congress does is through their ability to determine the alternatives from which Congress must choose. That is, presidential power is largely an exercise in agenda-setting – not arm-twisting. And we see this in the Sotomayer nomination. Barring a major scandal, she will almost certainly be confirmed to the Supreme Court whether Obama spends the confirmation hearings calling every Senator or instead spends the next few weeks ignoring the Senate debate in order to play Halo III on his Xbox. That is, how senators decide to vote on Sotomayor will have almost nothing to do with Obama’s lobbying from here on in (or lack thereof). His real influence has already occurred, in the decision to present Sotomayor as his nominee. If we want to measure Obama’s “power”, then, we need to know what his real preference was and why he chose Sotomayor. My guess – and it is only a guess – is that after conferring with leading Democrats and Republicans, he recognized the overriding practical political advantages accruing from choosing an Hispanic woman, with left-leaning credentials. We cannot know if this would have been his ideal choice based on judicial philosophy alone, but presidents are never free to act on their ideal preferences. Politics is the art of the possible. Whether Sotomayer is his first choice or not, however, her nomination is a reminder that the power of the presidency often resides in the president’s ability to dictate the alternatives from which Congress (or in this case the Senate) must choose. Although Republicans will undoubtedly attack Sotomayor for her judicial “activism” (citing in particular her decisions regarding promotion and affirmative action), her comments regarding the importance of gender and ethnicity in influencing her decisions, and her views regarding whether appellate courts “make” policy, they run the risk of alienating Hispanic voters – an increasingly influential voting bloc (to the extent that one can view Hispanics as a voting bloc!) I find it very hard to believe she will not be easily confirmed. In structuring the alternative before the Senate in this manner, then, Obama reveals an important aspect of presidential power that cannot be measured through legislative boxscores. E. Political capital isn’t finite Mann 09 – Senior Lecturer of Governance Studies @ Brookings Institute (Thomas, “After the 2008 Election: Politics and the Governance in the United States,”, 4/21/09, [] ,) In reality, each presidency has its own  political  dynamic , shaped by the size of the initial election victory, the contours of the economy, conditions of war or peace, public impressions, and legislative victories and defeats. Political capital is not a finite commodity generated in the election and then  quickly depleted in battles to enact a  policy  agenda. It can be replenished through early legislative  victories , reassuring  leadership, and improving conditions  at home and abroad. Presidents have often garnered significant policy victories well after their first year in office. The challenge is to begin one’s presidency in a way that banks some initial achievable goals, avoids personal missteps and legislative defeats, and lays the political groundwork for sustained leadership throughout the life of his administration. F. Party solidarity overwhelms political capital Yglesias 09 [Matthew (Fellow at the Center for American Progress Action Fund), June 15, 2009, “The Limits of Political Capital,” Think Progress Organization, [] ] JK I think the answer to the puzzle is simply that   “political capital” is a pretty misleading metaphor. The fact of the matter is that the Senate is what it is—to wit, an institution with an enormous status quo bias, that’s also biased in favor of conservative areas. On top of that,  the entire structure of the US Congress with its bicameralism and multiple overlapping committees is biased toward making it easy for concentrated interests to block reform. Between them, Dianne Feinstein, Barbara Boxer, Chuck Schumer, Kristen Gillibrand, Bill Nelson, Dick Durbin, Roland Burriss, Arlen Specter, Bob Casey, Sherrod Brown, Carl Levin, Amy Klobuchar, Kay Hagan, Bob Menendez, Frank Lautenberg, Mark Warner, Jim Webb, Patty Murray, Maria Cantwell, Ted Kennedy, John Kerry, and Evan Bayh represent 50 percent of the country’s population. But that only adds up to 22 Senators—you need thirty-eight more to pass a bill. Meanwhile,  the fact of the matter is that in recent years plenty of incumbent Republicans have been brought down by primary challenges from the right and as best I know zero Democrats have been brought down by primary challenges from the left. This has been a huge advantage for the Democrats in terms of winning elections  —it’s an important part of the reason Democrats have these majorities. But it also means that when it comes to policymaking, Republicans have a lot of solidarity but Democratic leaders have little leverage over individual members. In other words, nobody thinks that Collin Peterson (D-MN) is going to lose his seat over badly watering down Waxman-Markey and that matters a lot more than airy considerations of capital.

= = =Pre Districts Info=

Most Recent 1AC
Text: The United States Supreme Court should overrule Chae Chan Ping v. United States, 130 U.S. 581 (1889) on the grounds that denying temporary nonimmigrant worker visas to individuals due to their race fails the strict scrutiny test.

Contention 1 is Racism

Immigration law has been removed from judicial review Orgad & Ruthizer 10 - Radzyner School of Law, The Interdisciplinary Center (IDC) Herzliya; Visiting Researcher, Harvard Law School. LL.M., Columbia Law School & Lecturer in Law, Columbia Law School; Partner and Co-Head, Business Immigration Group, Kramer Levin Naftalis & Frankel LLP; former President and General Counsel, American Immigration Lawyers Association (Liav & Theodore, Spring 2010, “Race, Religion, and Nationality in Immigration Selection: 120 Years After the Chinese Exclusion Case,” 26 Const. Commentary 237, JAK)

Fourth, the plenary power doctrine has largely removed the immigration issue from U.S. constitutional law, especially on entry decisions. The time-tested proposition is that "in the exercise of its broad power over naturalization and immigration, Congress regularly makes rules that would be unacceptable if applied to citizens." n115 This is due to the uniqueness of the immigration field and its being interwoven with political questions and foreign affairs powers. In principle, the use of race, religion and nationality is more common in the context of persons seeking admission. In this context, U.S. courts haveusually upheld the Government's broad scope of permissible authority to base decisions on race. As Kevin Johnson has written, race is central to the enforcement of U.S. immigration law, particularly near the borders. n116 Administrative policies are entitled to deference, although courts may require a rational basis showing to justify them. But when Congress passes an immigration law, courts grant a wider degree of deference and are inclined to find these laws constitutional. Nevertheless, one must ask whether courts would uphold the constitutionality of an immigration statute that clearlydiscriminates on the basis of raceor religion. Some critics of U.S. immigration policy, such as Peter Brimelow, trace our woes to the 1965 Act that ended the national origins quota system. n117 Brimelow and like-minded restrictionists openly call on Congress to pass laws that would favor white Anglo-Saxon immigrants, and would bar the world's unwashed from being able to enter the United States.Although no court has explicitly held such discrimination to be a violation of the equal protection principles, it is significant that at least [*267] eight Supreme Court Justices have suggested that such legislation would be impermissible (although never in one opinion, and always in dissent). n118 As no such legislation has recently passed Congress, the closest we have come to a definitive answer is the question posed by Justice Marshall in his dissent in Jean v. Nelson. Justice Marshall rejected the possibility that the government may discriminate on the basis of race "in the absence of any reasons closely related to immigration concerns." n119 He admitted that a constitutional claim would fail when it "lies at the heart of immigration policy," and added that "the individuality of the alien" is a factor only when "central immigration concerns are not at stake." n120 Yet, even Marshall's dissent is far more modest than the absolute prohibition under British law. In the Roma case, the House of Lords has ruled that "if a person acts on racial grounds, the reason why he does so is irrelevant." n121

And, this case is based on racist origins Scaperlanda 96 - Professor of Law, University of Oklahoma College of Law (Michael, March, 1996, “Partial Membership: Aliens and the Constitutional Community,” 81 Iowa L. Rev. 707, JAK)

Plenary immigration power was founded on the back of blatant racial discrimination. The Chinese Exclusion Case, n89which affirmed the exclusion of Chinese nationals from the United States, established within the political branches the absolute power to develop a profile of the "desirable" immigrant unfettered by any provision of our higher law. n90 As Professor Henkin has noted, "whatever the Court intended [in the Chinese Exclusion Case], both its holding and its sweeping dictum have been taken to mean that there are no constitutional limitations on the power of Congress to regulate immigration." n91 From racial discrimination, plenary immigration power grew without bounds, allowing Congress to reflect the mood of an often anxious and fearful nation, unencumbered by the dictates of the Constitution. n92 During the "red scare" of McCarthyism, Congress wielded this power to deport long time resident aliens for their thoughts and associations. n93 Today it continues to stand as a sentry at our gates, allowing the political branches to formulate immigration policy without the restrictions that would otherwise be required by our constitutional traditions. n94

And, nonimmigrant laws are held to a rational basis standard. Stumpf 8 - Associate Professor of Law, Lewis & Clark Law School (Juliet P., September 2008, “Article: States of Confusion: The Rise of State and Local Power over Immigration,” 86 N.C.L. Rev. 1557, Lexis, JAK)

A similar phenomenon has emerged in constitutional equal protection analysis. Domesticating immigration law muddies the existing equal protection dichotomy under which federal alienagelaws receive rational basis review while state alienagelaws usually trigger strict scrutiny.n257 That dichotomy is sustainable only so long as federal immigration law manifests as a facet of foreign policy and state and local legislation appears confined to domesticpolice powers.

And, this standard makes discrimination and racism inevitable Wall 10 - JD Candidate 2010, Tulane; BS, Clemson (Adam Bryan, February 2010, “Comment: Justice for All?: The Equal Protection Clause and Its Not-So-Equal Application to Legal Aliens,” 84 Tul. L. Rev. 759, Lexis, JAK)

Conversely, excluding nonimmigrant aliens from the protection afforded by strict scrutiny would have far-reaching consequences and "could serve to erode the rights of nonimmigrants in other contexts." n165 Not only would it perpetuatethe history of social discrimination against aliens in general, it could spark a new wave of discrimination against nonimmigrant aliens, both socially and politically. By differentiating between subclasses of aliens and giving preferential treatment to immigrant aliens over nonimmigrant aliens, it could create a social stigma for nonimmigrant aliens and create a political hierarchy within the general alien class. Even more detrimental, it would contravene one of the primary purposes of the Fourteenth Amendment by subjugating a disenfranchised minority to the unfettered discrimination of the majority - a majority that history has proven to vote and legislate unfavorably toward nonimmigrant aliens. n166 In essence, states would be able to discriminate freely against nonimmigrant aliens simply by claiming transience as justification.n167

And, only the use of legal institutions dismantles racism and prevents violence Kenn 1 - Associate Professor of Law and Director, Community Development Law Clinic, Syracuse University College of Law (Deborah, Fall 2001 “Institutionalized, Legal Racism: Housing Segregation and Beyond.” 11 B.U. Pub. Int. L.J. 35. p. lexis. WPDU-JR)

Until an effort equal to the efforts to create and maintain housing segregation and its consequences is initiated, supported, and perpetuated in our country, we can expect our racist legacy to continue and intensify. The effort must start with dismantling the racist institutions of housing segregation, white privilege, school segregation, and discrimination in the criminal justice system. The systemic problem of racism must be attacked systemically. Again, Professor Williams states: With regard to all these configurations, let me just say that I am certain that the solution to racism lies in our ability to see its ubiquity but not to concede its inevitability. It lies in the collective and institutional power to make change, at least as much as with the individual will to change. It also lies in the absolute moral imperative to break the childish, deadly circularity of centuries of blindness to the shimmering brilliance of our common, ordinary humanity. n203 Above all, each individual (and I'm speaking here to white people) needs to acknowledge that they can either be part of the problem or part of the solution. Continuing merrily along, enjoying our white privilege, oblivious to the negative impact we have on our black neighbors, makes us complicit in the centuries of racism that brought us to our racist present. Doing nothing isdoing everything to [*72] be a part of the problem. In the eloquent words of Professor June Jordan: We need, each of us, to begin the awesome, difficult work of love: loving ourselves so that we become able to love other people without fear so that we can become powerful enough to enlarge the circle of our trust and our common striving for a safe, sunny afternoon near to flowering trees and under a very blue sky. n204 We can continue to travel the path of hatred and distrust or we can choose tobegin dismantling the institutions borne of the distrust between races. Which kind of world do we want to live in - a world of hate or a world of love? Will we choose a world that isolates, separates, andwreaks unimaginable suffering on entire communities of people, or a world that celebrates the diversity of people and welcomes differences between people for the richness it brings to our lives?

Contention 2 is Detention Centers

Court deference has made detention centers atrocious Resnik 10 - Arthur Liman Professor of Law, Yale Law School (Judith, March 2010, “Detention, the War on Terror, and the Federal Courts: An Essay in Honor of Henry Monaghan,” 110 Colum. L. Rev. 579, Lexis, JAK)

One other set of detainees, technically falling on the civil side of the docket, requires consideration - those individuals alleged to have entered the United States unlawfully or otherwise subject to deportation. In 2008, more than 378,000 persons "from 221 countries" had been placed in custody or were otherwise being supervised by the U.S. Immigration and Customs Enforcement system. n323 On any given day, some 31,000 persons were detained in one of more than 300 facilities and some persons, including small children, were held for extended periods of time. n324 In 1996, through the Illegal Immigrant Reform and Immigrant Responsibility Act (IIRIRA), n325 Congress both imposed obligatory detention for certain categories of individuals facing removal and sought to limit federal courts' ability to oversee deportation decisions. n326 These actions paralleled congressional approaches to prisoners in AEDPA and in the PLRA, and foreshadowed the efforts to limit federal court jurisdiction in the DTA of 2005 and the MCA of 2006. Moreover, because IIRIRA did not detail a length of time for detention of those falling within its parameters, n327 [*657] it raised the specter of indefinite preventive detention, just as 9/11 detention did in the following decade. In 2001, the Supreme Court issued a decision that in some respects forecast Hamdi. The majority refused the paradigm of unrestrained executive authority to detain without any court oversight. Instead, the Court concluded it had authority to review decisions under particular provisions; further, when immigration authorities had determined a migrant was to be removed but that person had not been deported, the Court inferred a statutory presumption of a maximum stay of six months in detention.n328 Yetthe Court subsequently authorized a good deal of deference to administrative authorities by concluding, for example, that individualized hearings were not required for detentions authorized through a different provision so long as aliens were confined for less than the six months. n329 According to immigrant advocates, the possibility of prolonged detention serves in some cases to induce unrepresented detainees to waive their rights to hearings (Miranda has no purchase in this context) and proceed directly to deportation by what are known as "stipulated removal orders." n330 [*658] The fact of confinement is one problem, and the conditions of confinement another. ICE operates immigration detention facilities in accordance with "correctional detention standards designed for pre-trial felons," which is to say that manyimmigrant detainees are in jails or prisons imposing more restrictions than are needed. n331 In addition, a 2009 report commissioned by the federal Department of Homeland Security concluded that provisions for classification,health care, family needs, visitors, lawyers, recreation, and religious observances were inadequate. n332 Documentation of these concerns is ample. Between 2004 and 2007, an estimated sixty-nine persons died while in facilities run by ICE,n333 with new revelations in the summer of 2009 of previously unidentified individuals who had also lost their lives.n334 A series of lawsuits and congressional hearings have detailed problems of inadequate access to health care and deliberate indifference to known medical needs. n335 Materials produced through litigation were also compiled in a report, A Broken System - a "first-ever system-wide" overview of the government's "failures" to comply with its own standards for safekeeping of immigration detainees.n336

Specifically detainees are deprived of medical care Kalhan 10 - Associate Professor of Law, Drexel University (Anil, July 21, 2010, “Rethinking Immigration Detention,” 110 Colum. L. Rev. Sidebar 42, Lexis, JAK)

These deprivations have been exacerbated by a range of detention-related policies and practices, as several examples illustrate. First, detention has been worsened by inadequate conditions of confinement--particularly with ICE's expanded use of county jails, whose conditions long have been "excoriat[ed]" as the "worst blight in American corrections." n38Overcrowding and lack of adequate telephone access, visitation hours, ventilation, food, clean quarters, and functioning showers and toilets have long been documented, and verbal and physical abuse have also been common. n39Inadequate health care has been a particularly serious problem. n40 Over 100 detainees have died in custody since 2003, often due to neglect of their health needs. n41Conditions also have been severe for many detainees, who arefrequently commingled with and subjected to the same treatment as criminal suspects and offenders; observers have frequently documented excessive use of physical restraints. n42

Lack of medical care in detention centers results in disease spread McCarthy 8 - Director National Immigrant Justice Center (Mary Meg McCarthy, 2008, “DETAINEE MEDICAL CARE,” Testimony, National Immigrant Justice Center, http://judiciary.house.gov/hearings/pdf/McCarthy080604.pdf)

Last year, NIJC helped an African immigrant with infectious tuberculosis and AIDS seek much-needed medical treatment. This man was previously detained, but ICE released him on an order of supervision when it discovered he was HIV-positive. He was later diagnosed with AIDS. NIJC filed a motion for a stay of removal and expended extraordinary efforts to notify senior ICE officials that deportation would be inhumane in this case and could create a public health risk. The man was nonetheless put on a plane to Africa, an action that may have exposed other passengers to his infectious tuberculosis. NIJC strongly urges Congress to enact, and ICE to adopt, the provisions in the Detainee Basic Medical Care Act regarding continuity of care and development of discharge plans. As this case makes clear, such steps are not only critical for detainee health but also influence public safety.

TB spread risks extinction. Biomedicine 7 (June 6, 2007 “The Dreaded Disease Tuberculosis Raises Its Ugly Head,” http://www.bio-medicine.org/medicine-news/The-Dreaded-Disease-Tuberculosis-Raises-Its-Ugly-Head-20674-1/)

The Dreaded Disease Tuberculosis Raises Its Ugly Head When Mr. Andrew Speaker and his wife returned to United States from Europe they were immediately quarantined by the health officials. Speaker and his family have been fighting back ever since, disputing the accounts of government health officials who contended he had been warned not to fly because he posed an infection risk to others. The disease in Speaker came to fore when he went for a check up for a rib injury. His X-ray picked up shadow in his right lung and TB was suspected. Only after intense test it was realized that the TB was drug resistance. But Speaker was not aware of it till late. Until a few weeks ago, many Americans had never heard of extensively drug-resistant tuberculosis, or XDR-TB. But Speaker got plenty of press as he was ordered into federal quarantine, having crisscrossed the Atlantic on commercial flights while infected with extensively drug-resistant tuberculosis (XDR-TB). In the 1970s, eradicating TB appeared possible. Now, the drug-resistant strains are winning. Of the 9 million new TB cases each year, an estimated 450,000 are multi-drug resistant, or MDR. Only two-thirds of MDR TB patients are cured. The World Health Organization estimates that in 2005, there were 27,000 cases in 37 countries of XDR TB, which is resistant to at least three of the six second-line drugs used when the first drugs fail. The cure rate for XDR TB patients is just one-third. Scariest of all, two women in Italy recently died from a fully resistant type of TB that's officially incurable. (Scientists are dubbing it XXDR TB.) Today, TB terrorizes those whose immunity has been weakened by HIV, hunger, alcoholism or other diseases. If the new strains become dominant, everyone is at risk. The rising worldwide number of XDR-TB cases like Speaker's may herald the end of a glorious 60-year holiday from many common and highly contagious diseases -- such as polio, measles and cholera -- that once routinely ravaged vast swaths of humanity. Ironically, there has long been a disturbing tendency to romanticize the white plague, as tuberculosis is also known. But in real life, tuberculosis is a messy, agonizing and debilitating ordeal. Once the tubercle bacilli gain the momentum to proceed unchecked through the body, there is no romance to be found. The actual experience of tuberculosis is one of exhaustion, drenching bouts of sweating, groaning, a cough punctuated by uncontrollable spurts of blood. XDR TB is already too widespread to quarantine. We need to combat it globally before it becomes pandemic. Last week, the WHO asked governments worldwide to pay up the $3 billion a year needed to fund existing TB programs and an additional $1 billion a year to combat XDR TB. In the U.S., Sen. Sherrod Brown (D-Ohio) and others proposed spending $300 million on TB next year, much of it on research. Given that isolating and treating a single XDR patient can cost up to $250,000, the case for spending far more on prevention and control is self-evident. Today, more than one-third of the world's more than 6 billion people have been exposed to the tuberculosis germ. Five to 10 percent of them, or at least 100 million, will develop symptomatic TB. Each will infect 10 to 20 people before they are either successfullytreated or they die. Last year, active -- and contagious -- tuberculosis was diagnosed in more than 8.8 million people. Approximately 420,000, or 5 percent, of them have a drug-resistant strain that requires several more medications than drug-sensitive cases do; about 30,000 of these 420,000 cases are even more difficult and expensive to treat, the highly lethal XDR-TB.

Centers also increases the risk for AIDs mutation Washington Post 9 (5-11-09, “System of Neglect,” http://www.washingtonpost.com/wp-srv/nation/specials/immigration/cwc_d1p1.html)

The overcrowding has created a petri dish for the spread of diseases. One mission of the Public Health Service is to detect infectious diseases and contain them before they spread, but last summer, the gigantic Willacy center was hit by a chicken pox outbreak. The illness spread because the facility did not have enough available isolation rooms and its large pods share recycled air, but also because security officers "lack education about the disease and keep moving around detainees from different units without taking into consideration if the unit has been isolated due to heavy exposure," noted the DIHS's top specialist on infectious diseases, Carlos Duchesne. The staff was forced to vaccinate the entire population in mid-July. In one 2007 death, memos and confidential notes show how medical staff missed an infectious disease, meningitis, in their midst. Victor AlfonsoArellano, 23, a transgender Mexican detainee with AIDS, died in custody at the San Pedro center. The first three pages ofDuchesne's internal review of the death leave the impression that Arellano's care was proper. But the last page, under the heading "Off the record observations and recommendations," takes a decidedly critical tone: "The clinical staff at all levels fails to recognize early signs and symptoms of meningitis. . . . Pt was evaluated multiple times and an effort to rule out those infections was not even mentioned." Arellano was given a "completely useless" antibiotic, Duchesne wrote. Lab work that should have been performed immediately took 22 days because San Pedro's clinical director had ordered staff members to withhold lab work for new detainees until they had been in detention there "for more than 30 days," a violation of agency rules. "I am sure that there must be a reason why this was mandated but that practice is particularly dangerous with chronic care cases and specially is particularly dangerous with . . . HIV/AIDS patients," Duchesne wrote. "Labs for AIDS patients . . . must be performed ASAP to know their immune status and where you are standing in reference to disease control and meds."

That causes extinction. Souden 2k (David Souden, former Research Fellow in History at Emmanuel College, Cambridge, consultant to the Cambridge Group for the History of Population and Social Structure, 2k, “Killer Diseases,” Factsheet,http://darrendixon.supanet.com/killerdiseases.htm)

Nature's ability to adapt is amazing - but the consequences of that adaptation are that mutations of old diseases, we thought were long gone, may come back to haunt us. But of all these new and old diseases, AIDS poses the greatest threat. It has the capacity to mutate and evolve into new forms, and the treatments that are being developed have to take account of that. Yet the recent history of life-threatening and lethal diseases suggests that even if we conquer this disease, and all the others described here, there may be yet another dangerous micro-organism waiting in the wings. The golden age of conquering disease may be drawing to an end. Modern life, particularly increased mobility, is facilitating the spread of viruses. In fact, some experts believe it will be a virus that leads to the eventual extinction of the human race.

Contention 3 is Judicial Independence

African Democracy is at a crossroads - there are promising signs, but a large risk of backsliding due to illiberal transitions Prempeh 06 - Professor of Law at Seton Hall Law School, JD Yale Law School (H. Kwasi Prempeh, March 2006, "Marbury in Africa: Judicial Review and the Challenge of Constitutionalism in Contemporary Africa,” 80 Tul. L. Rev. 1239, JAK)

In contemporary Africa, democratization and constitutionalism are pursued in tandem. Although the results have been mixedand remain tentative, at least the movement to democratize politics in Africa has registered important successes.n170 The era of one-party regimes appears to be over in Africa, as is the coup d'etat as the normal method of regime change in countries like Ghana and Nigeria. Instead, throughout common law Africa, independently supervised competitive elections have become a fairly routine means of selecting and changing government, and, in combination with new presidential [*1278] term limits, have eliminated from the political landscape the phenomenon of "president for life."

While the breadth of political reform in Africa is widely acknowledged, doubts remain as to the depth or durability of its impact.n171 The doubts are strongest regarding progress toward constitutionalism. Even in the face of current political and constitutional reforms in Africa, presidential hegemony persists, political corruption and abuse of office are disturbingly rife, and the rule of law remains weakly institutionalized at best, n172 all of which prompt skeptics to query whether Africa's reforming polities can indeed graduate from electoral to liberal democracy or whether illiberal democracy - "democracy without constitutionalism," that is - is a more likely prospect. Africa's common law states may have passed the "elections" bar, but is constitutionalism in their future? The "default" answer to this question, in light of Africa's past experience, is negative, implying that the burden is on those who believe otherwise to state their case and overcome the presumption of futility. The debate, however, need not proceed in the abstract; the terms of the debate have already been well framed by the pessimists.

Two changes are necessary to successful African liberal democratization

First, Judicial Review Robson 7 - Professor of Law & University Distinguished Professor, City University of New York School of Law (Ruthann, Winter 2007, “Article: Judicial Review and Sexual Freedom,” 30 Hawaii L. Rev. 1, Lexis, JAK)

At first glance, judicial review seems to be an inherent feature of constitutional democracy. Out of 193 independent nations, 164 have some form of [*5] judicial review. n18 New constitutions in new democracies, influenced by the United States, generallycontain provisions for judicial review that give the judiciary the power to declare democratically promulgated laws void as unconstitutional. For example, under Afghanistan's new constitution, the "Supreme Court, upon request of the Government or the Courts can review compliance with the Constitution of laws, legislative decrees, international treaties, and international conventions, and interpret them, in accordance with the law." n19 Similarly, the new constitution of Iraq announces that the constitution is the "Supreme Law of the land," n20 that any legal provision that conflicts with it is void, n21 and grants the Federal Supreme Court original and exclusive jurisdiction to review claims that a law, regulation, or directive issued by the federal or regional governments is inconsistent with the constitution. n22Likewise, new constitutions for nations from the former Soviet Union and on the continent of Africa favor provisions forjudicial review. n23 Indeed, judicial review has been called one of the United States' "chief contributions to world thought," n24 and "one of the U.S.A.'s best-selling (and least remunerative) exports," n25 even as "adopting" nations have chosen to institutionalize judicial review through the different mechanism of specialized and designated constitutional courts. n26 [*6] Meanwhile, in the United States, this very power of the judiciary is incessantly and continuously contested. Best selling books such as Men in Black: How the Supreme Court is Destroying America, stridently advance the thesis concisely articulated in the title. n27 The more historical and less conservative approaches of legal scholars such as Larry Kramer and Mark Tushnet similarly argue that "judicial supremacy" should yield to a "popular constitutionalism" in which "the Supreme Court is our servant and not our master." n28 Legal scholar Jeremy Waldron takes a similar view, articulating his "opposition to American-style judicial review" n29 and presenting a case against "strong judicial review" in which judges can declare legislative acts unconstitutional.n30 Certainly such concerns are not new. James Thayer's famous 1893 article sought to provide a guide to restrain courts from declaring acts unconstitutional. n31 The two- hundredth anniversary of the United States Supreme Court's 1803 opinion in Marbury v. Madison, n32 which reputedly n33 [*7] established judicial review, occasioned several symposia issues of law reviews devoted to the problems of judicial review.n34 Abroad, Americans may not be promulgating judicial review as enthusiastically as it might appear. For example, regarding the drafting of the Iraqi constitution, at least one advisor from the George W. Bush administration argued that Iraq's constitution limit the power of judicial review, lest Iraq be faced with a situation of unacceptable judicial decisions comparable to those in the United States, such as those granting the right of abortion. n35 Further, the distrust of judicial review is not solely a preoccupation in the United States. Robert Martin's The Most Dangerous Branch: How the Supreme Court of Canada has Undermined Our Law and Our Democracy differs in its details and doctrine, but not in its ultimate conclusions. n36

Second, Loose interpretations of stare decisis Prempeh 1 (H. Kwasi Prempeh, Professor of Law at Seton Hall Law School, former Director of Legal Policy and Governance at the Ghana Center for Democratic Development. In The Global Divergence Of Democracies, ed Larry Diamond 2001 p260-261)

Africa's judiciaries are emerging at last from decades of powerlessness and marginalization at the hands of omnipotent executives and strongmen. Constitutional reforms that have accompanied democratic transitions in countries like Benin, Ghana, Malawi, Namibia, South Africa, Tanzania, Zambia, and Zimbabwe are helping to redefine the role and enhance the stature of the judiciary in the contemporary African state. While past judiciaries served primarily as passive instruments of legitimation for authoritarian regimes, today’s African courts, like their counterparts in emerging democracies elsewhere, must enforce constitutional limitations on the exercise of governmental power, as well as protect the rights of citizens, the media, and civil society. The idea of judicial review is now enthusiastically embraced in a growing number of African countries. Establishing judicial review is, of course, the easy part; a clause or two in the national constitution is generally all that is required to bestow such awesome power on the courts. The challenge is to ensure that judges in newly democratizing states exercise their new power so as to advance and deepen the transition to constitutional democracy. This is indeed a matter of genuine concern, becausejudicial review, though widely celebrated by democrats and constitutional architects in transitional democracies, is not quite the unmitigated virtue it is frequently made out to be. As Alexander Bickel has reminded us, “judicial review means not only that the Court may strike down a legislative [or executive] action as unconstitutional but also that it may validate it as within constitutionally granted powers and as not violating constitutional  limitations.” Because judicial review “performs not only a checking function but also a legitimating function,” it is a double-edged sword. If exercised courageously (but prudently) to defend rights or hold the line against abuses of power, it could enhance constitutionalism in transitional democracies. In the hands of weak, insecure, or illiberal judges, however, judicial review could easily become an even more formidable instrument for legitimating authoritarianism. Thus Africa’s newly democratizing states must seek to minimize the risk that judicial review will become a curse rather than the blessing it was meant to be. Because it has generally been assumed that the African judiciary’s primary problem to date has been that lack of institutional autonomy and career security for judges, Africa’s contemporary constitutional architects have adopted that standard Hamiltonian solution: judicial independence. Thus Africa’s new constitutions all carry the standard provisions designed to secure judges in their jobs, salaries, jurisdiction, and judgments. Judges no longer hold their offices at the sufferance of the executive; judicial salaries and other benefits may not be varied to the judges’ detriment; jurisdiction of the courts may not be diminished at the pleasure of the executive or legislature; and, in general, at least two independent institutions must cooperate in making judicial appointments. In some cases, as in Ghana, the new constitution goes even further by giving the judiciary autonomy in the preparation, administration, and control of its own budget. Except in South Africa and Benin, where newly created “constitutional courts” have been laid over the preexisting judiciary, Africa’s newly refurbished judiciaries have generally consisted entirely of holdovers from the ancient regime “grandfathered” into the new constitutional arrangement in the name of institutional continuity. The assumption seems to have been that, given a new constitution with a host of rights-friendly provisions, limitations on governmental power, and guarantees of judicial independence, judicial review will lead to a liberal-democratic jurisprudence almost as a matter of course. Yet the evidence that is emerging, especially from the common-law jurisdictions, suggests that there is a significant risk that an asymmetrical jurisprudence will take hold, with the constitutional text contemplating a rights-friendly, liberal-democratic jurisprudence while that actual decisions and reasoning of the courts take a different course. Ghana’s experience under its new constitution is a case in point. The case of Ghana indicates that reliance on judicial review and formal guarantees of judicial independence as the exclusive mechanisms for liberating African courts from their authoritarian past may be futile, unless such reforms are considered as incidental to the more fundamental question of how to produce a paradigm shift in the jurisprudence of the judges. If the constitutions of Africa’s transitional democracies can be said to compel a new jurisprudence of constitutionalism, it also appears that recourse to tradition and longstanding common-law docrine, an ingrained deference to executive diktat, and the forse of stare decisis all propel Africa’s judges back toward a jurisprudence of executive supremacy. The trajectory of Africa’s democratic transitions will be adversely altered if Africa’s judiciaries fail to make a contemporaneous transition from the jurisprudence of executive supremacy to the jurisprudence of the constitutionalism.

Democratic consolidation is key to African stability Diamond 98 - Senior Fellow at the Hoover Institution and co-editor of the Journal of Democracy (Larry Diamond, 1998, “Building a Democratic Africa,” Hoover Digest, http://www.hoover.org/publications/digest/3532546.html ]

THE PROBLEM The common root cause of economic decay, state collapse, ethnic violence, civil war, and humanitarian disaster in Africa isbad, abusive governance. Because most states lack any semblance of a rule of law and norms of accountability that bind the conduct of those in government, their societies have fallen prey to massive corruption, nepotism, and the personal whims of a tiny ruling elite. In such circumstances, every political clique and ethnic group struggles for control of a stagnant or diminishing stock of wealth.There are no institutions to facilitate trust, cooperation, or confidence in the future. Every competing faction tries to grab what it can for the moment while excluding other groups. THE SOLUTION The only real antidote to this decay is a constitutional framework that facilitates the limitation, separation, devolution, and sharing of power so that each group can have a stake in the system while checking the ruling elite and one another. In essence,this means a democratic political system, to one degree or another. Given Africa’s authoritarian history, many changes in beliefs and institutions will be necessary for democracy to emerge. A growing segment of African elites and the public realize that every type of dictatorship on the continent has been a disaster. Thus, there is increasing hunger for economic and political freedom and the predictability of a democratic constitution. As Hoover Institution senior fellow Barry Weingast pointed out in the American Political Science Review, ethnic groups will not trust and tolerate one another and cooperate for a larger national good unless there are credible limits on the state.Democracy cannot be stable unless rulers see that it is in their interest to abide by the rules. What makes it in their interest is the overriding commitment of all major ethnic groups, parties, and interest organizations to a constitution.

African instability causes nuclear war. Deutsch 02 - economist, founder, Rabid Tiger Project (Jeffrey Deutsch, November 18, 2002, "Rabid Tiger Newsletter, Vol. II, No. 9 - The Nuclear Family Has Become Over-Extended," http://list.webengr.com/pipermail/picoipo/2002-November/000208.html, JAK)

The Rabid Tiger Project believes that a nuclear war is most likely to start in Africa. Civil wars in the Congo (the country formerly known as Zaire), Rwanda, Somalia and Sierra Leone, and domestic instability in Zimbabwe, Sudan and other countries, as well as occasional brushfire and other wars (thanks in part to "national" borders that cut across tribal ones) turn into a really nasty stew. We've got all too many rabid tigers and potential rabid tigers, who are willing to push the buttonrather than risk being seen as wishy-washy in the face of a mortal threat and overthrown. Geopolitically speaking, Africa is open range. Very few countries in Africa are beholden to any particular power. South Africa is a major exception in this respect - not to mention in that she also probably already has the Bomb. Thus, outside powers can more easily find client states there than, say, in Europe where the political lines have long since been drawn, or Asia where many of the countries (China, India, Japan) are powers unto themselves and don't need any "help," thank you. Thus, an African war can attract outside involvement very quickly. Of course, a proxy war alone may not induce the Great Powers to fight each other. But an African nuclear strike can ignite a much broader conflagration, if the other powers are interested in a fight. Certainly, such a strike would in the first place have been facilitated by outside help - financial, scientific, engineering, etc. Africa is an ocean of troubled waters, and some people love to go fishing.

Contention 4 is Solvency

And, the case isn’t overruled. Lee 5 - Articles Editor, COLUM. J.L. & SOC. PROBS (Anne, Winter 2005, “The Unfettered Executive: Is There an Inherent Presidential Power to Exclude Aliens?” 39 Colum. J.L. & Soc. Probs. 223, JAK)

Despite the emerging judicial consensus that the Commerce Clause was the proper basis for the exercise of federal power over immigration policy, the rationale for that authority began to [*231] change in 1889. In the seminal Chinese Exclusion Case, which involved an 1888 Act of Congress that retroactively prohibited the re-entry of Chinese laborers who had left the United States, n35the Court abandoned any suggestion that the power required an explicit constitutional justification, in the Commerce Clause or otherwise, and announced a stand-alone, inherent federal power that granted Congress the power to control the nation's borders and exclude particular aliens from entering the country. n36 This was not found in the enumerated powers of the Constitution, but rather inferred from the broad and largely undefined principles of national sovereignty. n37 Writing for a unanimous Court, Justice Field described the risk posed by the entry of Chinese laborers asa national security concern: "The presence of Chinese laborers had a baneful effect upon the material interests of the State, and upon public morals; that their immigration was in numbers approaching the character of an Oriental invasion, and was a menace to our civilization." n38 In describing the Chinese laborers in such a fashion, the Court made no effort to locate the federal power to prohibit Chinese laborers from entering the country within the Commerce Clause or any other constitutional provision. n39 Rather, the Court derived the authority fromsweeping principles of sovereignty: [*232] That the government of the United States, through the action of the legislative department, can exclude aliens from its territory is a proposition which we do not think open to controversy. Jurisdiction over its own territory to that extent is an incident of every independent nation. It is a part of its independence. If it could not exclude aliens it would be to that extent subject to the control of another power. n40 International principles of national sovereignty thus came to serve as the new basis for the federal power to regulate the entry of foreign nationals. In the years that followed, additional immigration cases reaffirmedand extended the national sovereignty argument utilized in The Chinese Exclusion Case. n41 Freed from the restrictions that came with tying the authority to regulate immigration to the text of the Constitution, the Court provided Congress with an expansive power that was both "indefinite and dangerous," n42 giving it carte blanche to make laws regulating foreign nationals who were seeking admission. Additionally, as the Court was upholding increased federal power to exclude aliens, itsimultaneously decreased the scope of judicial review in the area of immigration. As the Court stated, "it is not within the province of the judiciary to order that foreigners who have never been naturalized, nor acquired any domicile or residence within the United States, nor even been admitted into the country pursuant to law, shall be [*233] permitted to enter." n43This combination of increased congressional power, not limited by the Constitution's text, and decreased judicial oversight,marked a new reign of the plenary, inherent federal immigration power that continues today. n44

And, applying strict scrutiny would overrule Chae Chin Ping Romero 97 - Assistant Professor of Law, Dickinson School of Law; JD, USC (Victor C., Summer 1997, “Symposium: Citizenship and it Discontents: Centering the Immigrant in the inter/national Imgation (Part 1): Section One: Race, Citizenship, and Political Community within the Nation-State: Article: The Congruence Principle Applied: Rethinking Equal Protection Review of Federal Alienage Classifications After Adarand Constructors, Inc. v. Peña,” 76 Or. L. Rev. 425, Lexis, JAK)

Federal courts should apply the Court's current strict scrutiny of state alienage classifications to federal alienage classifications that affect immigrants' rights in the context of alienage law as well as those that affect fundamental rights in the context of immigration law. Aside from fairly ensuring that items such as tax burdens and welfare benefits are properly allocated between citizen and noncitizen whether imposed by the state or federal authorities, this congruence between alienage laws and immigration laws that affect fundamental rights adequately captures the essence of equal protection - the protection of discrete and insular minorities. n73 First, as a starting point, the text of the Adarand opinion supports the idea that federal alienage classifications should be viewed with the same strict scrutiny to which state alienage laws are subject. Despite the Adarand majority's insistence that the congruence principle does not apply to laws within the expertise of the political branches of government, such as immigration, n74 alienage law - the law involving immigrants' rights - bears little constitutional relation for equal protectionpurposes to immigration law - the law governing noncitizens' entry into and exit from this country. Thus, under Article I, Section 8 of the Constitution, Congress may appropriately distinguish between citizens and noncitizens in determining who is entitled to enter and leave the United States as part of its immigration power. However, one's citizenship may be of significantly less constitutional importance when Congress distributes public benefits. n75 Indeed, whether it [*443] is a state or a federal entity that decides to deny a noncitizen public benefits based on that person's status matters very little to the individual affected by the denial. n76 In alienage law, a classification distinguishing between citizen and noncitizen onerously burdens the noncitizen, whether it is the state or the federal government that chooses to create it. Professor Kenneth Karst reminds us that it was not long ago that Congress pursued several well-meaning, but ultimately coercive, anti-immigrant measures within alienage law: In 1918 Congress doubled the income tax on "non-resident aliens"; although it was not clear who would be considered non-resident, thousands of [noncitizens] promptly declared their intention to become citizens. Other measures were proposed and even introduced in Congress, but failed to pass: ... "suppression of the foreign-language press, mass internments, and the denial of industrial employment to [noncitizens]." n77 Last year's welfare reform bill that denies certain benefits even to documented immigrants closely mirrors the anti-immigrant measures of old. n78 In addition, even within immigration law, strict scrutiny should be brought to bear on classifications that impair fundamental rights. Professor T. Alexander Aleinikoff suggests, for example, that critical examination should follow the enactment of immigration laws that burden family relationships; he provides the following example regarding the right to marry: Citizens and permanent [residents] do not enjoy similar opportunities for reuniting with immediate family members lo- [*444] cated outside the United States. The entry of the spouse or minor child of a [permanent resident] is subject to a numerical limitation (if the relationship was formed after the [noncitizen] entered the country), while the entry of the spouse or minor child of a U.S. citizen is not. The impact of the statutory scheme is dramatic because the numerical limits have created a waiting list of tens of thousands of [noncitizens]. Thus, if a permanent [resident] marries a Mexican national, the [noncitizen] spouse may have to wait as long as 10 years to be eligible for entry. However, if a U.S. citizen marries a Mexican national, the [noncitizen] spouse may enter as soon as immigration authorities process the paper work. n79 Indeed, such an approach would be consistent with the "fundamental rights" strand n80 of equal protection analysis which, in Professor Aleinikoff's example invoking the constitutionally-based fundamental right to marry, n81 would sadly be subordinated to the plenary power of Congress over immigration matters. Second, as a practical matter, stricter scrutiny should apply to [*445] federal alienage classifications because the current rational basis test has not had much force when pitted against the ancient plenary power doctrine. n82 Although it has been invoked recently to strike a Colorado constitutional amendment that was patently anti-homosexual, n83the existing rational basis test rarely has bite n84 to it, much less in its application to federal alienage classifications. In contrast, strict scrutiny will ensure parity in how laws are reviewed. n85 To do otherwise would be to effectively hold that the plenary power of the federal government trumps the rights of all noncitizens. In addition, to characterize the burdens on noncitizens as merely incidental denies the reality that the harm to the noncitizen is the same whether directly or indirectly inflicted. n86 Indeed, the government should be more vigilant when burdens are incidental so that it may properly assess the impact of such burdens on noncitizens' lives. Third, the dangerous intersection of race and alienage caution greater, rather than lesser, scrutiny of both federal and state alienage classifications. Professors Neil Gotanda and Robert [*446] Chang have written extensively about how Asian-Americans, unlike blacks or whites, have always been marked as "foreign." Professor Gotanda points to the Court's decision to uphold the wartime internment of all persons of Japanese ancestry in United States v. Korematsu as an example of this presumption at work: The evacuated Japanese-Americans, including U.S. citizens, were presumed to be sufficiently foreign for an inference by the military that such racial-foreigners must be disloyal. Japanese-Americans were therefore characterized as different from the African-American racial minority. With the presence of racial foreignness, a presumption of disloyalty was reasonable and natural. n87 Gotanda's words strike a bitter chord in the real world: Racist remarks directed against persons of Asian and Latino descent more likely command the victims to return to their homeland than slurs aimed at blacks. Indeed, immigrant blacks from the West Indies often find a cultural disconnect with native African- Americans and yet are often perceived as part of the indigenous black community. n88 Affirming Gotanda's thesis, Chang points out the historical intersection of race and immigration law in the Chinese Exclusion Case, in which the Court affirmed Congress's ban on Chinese immigration: The Court begins by stating that the Chinese are foreigners of a different race, or what Neil Gotanda terms, racialized foreigners. n89 These racialized foreigners "will not assimilate with us." Implicit in this is a notion of us or of we in "We the People." The us the Court is talking about is the national community. They, the Chinese, are not us. Further, they will not assimilate with us. And therefore, we will not let them become us. This is justified because they are dangerous to our peace and security. They are the Yellow Peril, threatening our [*447] sense of the national community. Therefore, Congress must exclude them at the border. n90 Chang concludes that Asian-Americans are "perpetual foreigners" whose "foreign-ness is inscribed upon our bodies in such a way that Asian-Americans carry a figurative border with us." n91 Latinos and Latinas, especially Mexican-Americans, also suffer the stigma of living with figurative borders. Professor Kevin Johnson notes that, despite public perception of the "illegal alien" as the unskilled, brown-skinned, Mexican male, Mexicans comprised only thirty-nine percent of all undocumented immigrants in the United States in 1992. n92 While many more Mexi- [*448] cans are legal immigrants to this country, n93 Mexicans, like Asian- Americans, are marked as perpetually foreign by the color of their skin. Further, just as Asian-Americans have been historically excluded through judicial and legislative action, Mexican- Americans have been similarly targeted by government action, most notably in California. n94 More importantly, this intersection of race and alienage is not simply a theoretical construct, but is a genuine concern born of the recent influx of nonwhite immigrants. Since the National Origins quota system severely curtailing immigration from predominantly nonwhite nations n95 was abolished in 1965, n96 most recent immigrants have been from Asia and Latin America. n97 Indeed, the top five countries of birth for legal immigrants in 1990 were Mexico, El Salvador, the Philippines, Vietnam, and the Dominican Republic. n98 Because of the larger numbers of nonwhite immigrants, the more Congress and the states create alienage [*449] classifications, the greater the likelihood that nonwhite immigrants will be unduly burdened by such classifications. These large numbers make anti-immigration and anti-immigrants' rights law an easy proxy for racism. n99 Through the intersection of race and alienage, nativist sentiment reinforces racist beliefs and vice-versa, making it exceedingly more difficult to discern whether newer alienage classifications merely mask underlying racial prejudice. n100 By invoking strict scrutiny, courts will be able to better ferret out invidious racial discrimination or perhaps even benign neglect. n101 In addition, white and black noncitizens will benefit from the stricter standard even if the border of foreignness does not specifically bound them. n102 [*450] Fourth, noncitizens have relatively little political power because they do not have the power to vote. n103 While other minority groups - blacks, women, gays and lesbians - may argue (whether correctly or incorrectly) that they have suffered more historically, these groups have had the benefit of the franchise and access to the political process, n104 while noncitizens have had to rely on the benevolence of citizen-advocacy groups. n105 Unfortunately, such advocacy is hampered by the reality that Congress largely has free rein to discriminate against noncitizens, even on the basis of activity that is not illegal. n106 Further, where Congress enacts laws that only incidentally burden immigrants' rights, the judiciary should be particularly alert because noncitizens' advocates may not act as swiftly as they would if the law directly targets noncitizens, notwithstanding the genuine impact on the affected group. n107 [*451] Fifth, the United States has long taken pride in promoting the values of diversity, tolerance, and community. We experience diversity in the large influx of nonwhite immigrants into this country; it would be a shame if the salutary effects of the abolition of the National Origins quota system of immigration n108 - itself a triumph of the nation's commitment to diversity - continue to be diminished by the passing of ever more oppressive anti-immigrant laws subject to minimal judicial scrutiny. Moreover, tolerance is not only the touchstone of the First Amendment free speech right, n109 but also exemplifies the principle underlying the Declaration of Independence. As Thomas Jefferson wrote, "We hold these Truths to be self-evident, that all Men are created equal." n110 A government that fails to appreciate the equal moral worth of all people n111 - citizen and noncitizen - fails to fully adhere to the historical imperative of tolerance of different people with different views and backgrounds. Finally, the United States has long believed in the principle of community. As stated in the introduction to this Article, the very words inscribed on the Statue of Liberty proclaim America as a welcoming community for those rejected by other nations. n112 To allow federal and state governments to divide the community of America between citi- [*452] zen and noncitizen in the conferral of benefits without good reason would be to undermine the historical principle of community symbolized so eloquently by Lady Liberty. In sum, the logic of the congruence principle, the inefficacy of the rational basis test in safeguarding immigrants' rights,the dangerous intersection between race and alienage, the political powerlessness of noncitizens, and America's historical adherence to principles of diversity, tolerance, and community combine to create a powerful case for strictly scrutinizing federal alienage classifications in the same manner as state classifications in the realm of alienage law and fundamental rights.

Overruling Chae Chan Ping is key to solving for detainee rights Moore 9 - J.D. Candidate, May 2010, The Catholic University of America, Columbus School of Law (Cadence M., Fall 2009, “The Immigration Oversight and Fairness Act: Ending the Violation and Abuse of Immigrant Health,” 26 J. Contemp. Health L. & Pol’y 148, Lexis, JAK)

B. Relevant Cases Holding that the Medical Rights of Detainees are not Protected by the Due Process While the Supreme Court and other federal courts have held that aliens are protected by the Due Process Clause of the Fifth and Fourteenth Amendments, these courts have limited the extent of protection these individuals can receive in the following cases. In 1889, the Supreme Court considered the case Chae Chan Ping v. United States. n149 The appellant was [*170] a citizen of China who worked as a day laborer in San Francisco. n150 He returned to China for one year and carried a certificate issued by the collector of customs of the port of San Francisco, allowing him to return to the United States pursuant to the immigration laws in force at that time. n151 When he returned to San Francisco, he was denied permission to land because, during his absence, Congress had passed an act that nullified the certificates permitting Chinese individuals to return to the United States. n152 The appellant was prohibited from entering the United States and filed a writ of habeas corpus, claiming that his due process rights had been violated. n153 The Supreme Court of the United States found that it did not have the authority to consider the motives of Congress in passing legislation that would ban a certain group of citizens from immigrating to the United States. n154 The court stated "[t]hat the government of the United States, through the action of the legislative department, can exclude aliens from its territory is a proposition which we do not think open to controversy." n155 The Supreme Court believed that the power to exclude aliens developed from the sovereign power of the nation. n156 Thus, [t]o preserve its independence, and give security against foreign aggression and encroachment, is the highest duty of every nation. . . It matters not in what form such aggression and encroachment come, whether from the foreign nation acting in its national character, or from vast hordes of its people crowding in upon us. n157 Therefore, the Court held that the government had power to determine that certain people and groups should not be admitted and it was not the duty of the Court to question this finding. n158 This case is an early example of the [*171] plenary power doctrinethat the Supreme Court and other federal courts have used to avoid determining the exact protection that the Due Process Clause provides for detainees. n159

The Plan is modeled in Africa Palmer 01 - Thomas Pickles Professor of Law, Tulane University School of Law. B.A. Tulane University; L.L.B. Tulane University School of Law; LL.M. Yale Law School; D.Phil. Pembroke College, Oxford University (Vernon Valentine, March 2001, “Centennial World Congress on Comparative Law: insularity and Leadership in AMerican Comparative Law: The Past One Hundred Years,” 75 Tul. L. Rev. 1093, Lexis, JAK)

As we enter the twenty-first century, the attitude one encounters toward comparative law in the United States might, in some ways, compare with the attitudes that prevailed in France in the first half of the nineteenth century. We recall that a certain paradox existed then. While the French Civil Code was spreading triumphantly across [*1094] Europe and around the world (sometimes manu militari, other times admiringly received like written reason itself), and becoming perhaps the greatest legal export ever seen, at home, the jurists of France maintained the narrowest, most self-absorbed focus possible. This was the height of l'ecole de l'exegese; France considered itself cut off from the wider world of civil law. One recalls the phrase of Bugnet, an early commentator: "I know nothing of civil law; I only teach the code Napoleon." To use a trendy word, the code was headed global (even reaching la belle Louisiane) while French jurists only thought local. The land of Montesquieu was oblivious to comparative law. n2 To my eyes there is a similar phenomenon in the United States, and it is illustrated by the attitude of our judges, legislators, mainstream scholars, and law reformers. I am aware that public law is not an area that comparativists usually focus upon; nevertheless, it seems natural for an American perspective to begin there, for that is where the guiding attitude has its source. Now as everyone knows, the United States Constitution has been a prodigious influence on world constitutionalism, particularly in regard to the spread of the concept of judicial review and the notion of justiciable human rights. n3 In the post-World War II era, perhaps our greatest donation to the constitutional systems of Europe, Asia, India, Africa, and Latin Americahas been the central principles of our Constitution and a wealth of Supreme Court interpretative jurisprudence. n4 Yet our High Court, which sets the pattern and tone for the entire judiciary of this country and is regarded in many other countries as the prototype for their own constitutional courts, probably uses comparative law less than any constitutional court in the world. Wedded to its precedents and narrowly nationalistic about sources of law, the Court resolutely ignores the constitutional experience of others. "The typical American judge would not think of learning from an opinion by the German or French [*1095] constitutional court." n5 For example, recently, Justice Breyer suggested that the Court should weigh and consider the experience of the European Union. n6 This was summarily dismissed by Justice Scalia's majority opinion: "We think such comparative analysis inappropriate to the task of interpreting a constitution, though it was of course quite relevant to writing one... . The fact is that our federalism is not Europe's." n7

And, stare decisis doesn’t apply to egregious cases Deng 8 - Design & Layout Editor of Columbia Journal of Law and Social Problems (Yafang, Winter 2008, “When Procedure Equals Justice: Facing the Pressing Constitutional Needs of a Criminalized Immigration System,” 42 Colum. J.L. & Soc. Probs. 261, JAK)

With the scant mention immigration receives in the text of the Constitution itself, the combination of both principles has caused the field of immigration law to veer far from the standards and rights upheld in other areas of constitutional law. The weight of history and precedent has served thus far to maintain the inequities of the status quo despite many indications thatimmigration law is out of step with modern constitutional principles. The Supreme Court’s willingness to acknowledge other mistakes of the past while permitting them to persist in the field of immigration law remains an appalling precedent that should not continue to exist.68 This part traces the evolution and intersection of the plenary power doctrine and the civil law designation in order to demonstrate their weaknesses.

And, judicial activism is inevitable Landau 10 - Oregon Supreme Court judge, former Oregon Court of Appeals judge, adjunct professor of law at Willamette University College of Law (Jack L., July 2010, “Feature: The Myth of Judicial Activism: No one wants to be a judicial activist, right? Problem is: No one agrees what it is,” 70 Or. St. B. Bull. 26, Lexis, JAK)

But these are hard questions, ones that necessitate careful thought and consideration of nuanced arguments about the proper role of our courts in our system of government. Unfortunately, it seems that politicians and pundits (and, in some cases, dissenting judges) have no patience for difficulty, care or nuance. It is a lot easier to simply lob the rhetorical grenade that a decisionwith which someone disagrees is an exercise in judicial activism. My suggestion is that we either eliminate judicial activism from our vocabulary about decisions of the courts or specify precisely what is meant by the term. Either way, it is clear that to complain that a decision is illegitimate because the court overturned a statute, or overruled a prior case, or recognized a right that is not explicitly mentioned in the Constitution --the usual uses of the insult -- is simply not enough. Complaining about judicial activism on those familiar grounds is nothing more thanan epithet, the verbal equivalent of a can of spray paint wielded by those who are unwilling or unable to engage in the rigorous and responsible discourse of citizenship. We can do better than that.

Contention 5 is Topicality

Race is an eligibility criteria for visa decisions by consulars Ogletree 2k - Jesse Climenko Professor of Law, Founder/Director of Harvard Criminal Justice Institute (Charles J. Ogletree Jr, July 2000, “Conference Paper: America’s Schizophrenic Immigration Policy: Race, Class, and Reason,” 41 B.C.L. Rev 755, Lexis, JAK)

The visa eligibility process is characterized by extremely broad administrative discretion, as well as immunity from judicial review, [*762] which makes the process susceptible to racial discrepancies and biases. In a 1991 study of visa denials at U.S.consular offices, James Nafziger found considerable variation among acceptance rates in offices in different countries. n35 The highest acceptance rates were in Japan with 99.7%, while consular offices in Mexico accepted between 55% and 84% of applicants. n36 Nafziger speculated that the wide range of acceptance rates across Mexican offices might be due to "demographic rather than administrative factors": n37 The more prosperous and "professional" areas, such as Hermosillo and Mexico City, where trade and investment representatives and the intelligentsia tend to be concentrated, have higher rates of visa acceptances. Conversely, a higher rate of applications at the other posts came from poor, rural backgrounds. n38 Some consular offices have used openly racist criteria in visa decisions. In Olsen v. Albright, a consular officerstationed in Brazil sued the State Department because he was fired for refusing to follow the consulate's racial visa eligibility policies.n39 The manual he refused to follow established fraud profiles which were based on factors such as race and national origin.n40 The manual instructed consular officers to scrutinize Korean and Chinese applicants for fraud and declared anyone from certain predominately black cities "suspect unless older, well-traveled, etc." n41 The consular section head had further stated that "Filipinos and Nigerians have high fraud rates, and their applications should be viewed with extreme suspicion, while British and Japanese citizens rarely overstay, and generally require less scrutiny." n42 [*763] The so-called "public charge" ineligibility criterion, allowing visa denials where there is a likelihood that an immigrant will require public assistance, has been particularly subject to racial and ethnic stereotyping. This too is an area in which there is no judicial review. In 1978, a consular discretion study found that 61% of Mexican immigrant visa refusals were for public charge, while the criterion accounted for only 11% of Canadian visa refusals. n43 When interviewed, some consular officers openly admitted to using racial criteria: A number of consular officers think that certain ethnic groups are more likely to go on welfare than others. One officer believed that Canadians, Haitians, and Portuguese are not as likely to go on welfare as Latin Americans. Another officer stated that Chinese will not go on welfare. . . . Thus, he views Chinese with less suspicion than other groups under the public charge provision. n44

Race discrimination in application locations is allowed and is SUBSTANTIAL! Chin 98 - Professor of Law at University of Cincinnati, J.D. from Yale University (Gabriel J., “Segregation’s Last Stronghold: Race Discrimination and the Constitutional Law of Immigration,” 46 UCLA L. Rev. 1 1998-1999, JAK)

Congress recently granted statutory authority to engage in race discrimination in processing visa applications. Although the Immigration and Nationality Act (INA) generally prohibits discrimination on the basis of "race, sex, nationality, place of birth, or place of residence,"54 the Illegal Immigration Reform and Immigrant Responsibility Act of 1996555 created asubstantialexception, authorizing the State Department to use race (as well as religion, sex, and other factors) in establishing visaapplication procedures and locations. Thus, a future secretary of state could permit would-beimmigrants of African or Asian descent (or, for that matter, who are Jews, Muslims, or Scientologists) to apply only to the consulate in Berne or Sao Paolo, or impose procedural requirements that would make it practically impossible for them to receive visas. Although it seems unlikely that any secretary of state would do so, the INA itself currently presents the issue of whether the plenary power doctrine continues to permit classification of aliens by race. Perhaps more importantly, treating the immigration cases as race cases offers a new critique of the plenary power doctrine in all of its applications. While the Court has shown little inclination to abandon the plenary power doctrine, underscoring the racial origins of the doctrine ought to give the Court pause.

Failing to apply properly means the consular officer can’t grant the necessary status Title 8, Sect 1153 (8 USCS § 1153. Title 8. Aliens and Nationality. Chapter 12. IMMIGRATION AND NATIONALITY. Subchapter II. IMMIGRATION. Part I. Selection System. § 1153. Allocation of Immigrant Visas. Current through February 1, 2010. Legal Information Institute at Cornell. http://www.law.cornell.edu/uscode/8/usc_sec_08_00001153000-.html, JAK)

(f) Authorization for issuance In the case of any alien claiming in his application for an immigrant visa to be described in section 1151 (b)(2) of this title or in subsection (a), (b), or (c) of this section, the consular officer shall not grant such status until he has been authorized to do so as provided by section 1154 of this title.

That makes the immigrant inadmissible Title 8, Sect 1182 (8 USCS § 1182. Title 8. Aliens and Nationality. Chapter 12. IMMIGRATION AND NATIONALITY. Subchapter II. IMMIGRATION. Part II. Admission Qualifications for Aliens; Travel Control of Citizens and Aliens. § 1182. Inadmissible aliens. Current through February 1, 2010. Legal Information Institute at Cornell.http://www.law.cornell.edu/uscode/8/usc_sec_08_00001182000-.html, JAK)

(7) Documentation requirements (A) Immigrants (i) In general Except as otherwise specifically provided in this chapter, any immigrant at the time of application for admission - (I) who is not in possession of a valid unexpired immigrant visa, reentry permit, border crossing identification card, or other valid entry document required by this chapter, and a valid unexpired passport, or other suitable travel document, or document of identity and nationality if such document is required under the regulations issued by the Attorney General under section1181(a) of this title, or (II) whose visa has been issued without compliance with the provisions of section 1153 of this title, is inadmissible.

Consulars use 1182 to determine eligibility in issuing visa Title 8, Sect 1201 (8 USCS § 1201. Title 8. Aliens and Nationality. Chapter 12. IMMIGRATION AND NATIONALITY. Subchapter II. IMMIGRATION. Part III. Issuance of Entry Documents. § 1201. Issuance of visas. Current through February 1, 2010. Legal Information Institute at Cornell. http://www.law.cornell.edu/uscode/8/usc_sec_08_00001201000-.html, JAK)

(g) Nonissuance of visas or other documents No visa or other documentation shall be issued to an alien if (1) it appears to the consular officer, from statements in the application, or in the papers submitted therewith, that such alien is ineligible to receive a visa or such other documentation under section 1182 of this title, or any other provision of law, (2) the application fails to comply with the provisions of this chapter, or the regulations issued thereunder, or (3) the consular officer knows or has reason to believe that such alien is ineligible to receive a visa or such other documentation under section 1182 of this title, or any other provision of law: Provided, That a visa or other documentation may be issued to an alien who is within the purview of section 1182 (a)(4) of this title, if such alien is otherwise entitled to receive a visa or other documentation, upon receipt of notice by the consular officer from the Attorney General of the giving of a bond or undertaking providing indemnity as in the case of aliens admitted under section 1183 of this title: Provided further, That a visa may be issued to an alien defined in section 1101 (a)(15)(B) or (F) of this title, if such alien is otherwise entitled to receive a visa, upon receipt of a notice by the consular officer from the Attorney General of the giving of a bond with sufficient surety in such sum and containing such conditions as the consular officer shall prescribe, to insure that at the expiration of the time for which such alien has been admitted by the Attorney General, as provided in section 1184(a) of this title, or upon failure to maintain the status under which he was admitted, or to maintain any status subsequently acquired under section 1258 of this title, such alien will depart from the United States.

Debates about immigration law and the role the courts have in shaping immigration policies. This turns their limits and ground args. Thamkul 08 - J.D. expected, University of California, Berkeley School of Law, 2008 (Janel, April 2008, “The Plenary Power-Shaped Hole in the Core Constitutional Law Curriculum: Exclusion, Unequal Protection, and American National Identity,” 96 Calif. L. Rev. 553, Lexis, JAK)

Fortunately, legal academic leaders, who mold future political leaders, have the ability, through changing the legal canon, to adopt a new and more accurate American national identity narrative in which diversity and commonality are not mutually exclusive. As Fran Ansley argues: In legal education and in American communities, we should teach about the boundaries of American citizenship, should probe the meanings and the mechanisms behind this "nation of immigrants," andwe should do so withthe history of immigration law, the national quota system, and the long line of Mexican guest worker programs in plain view.Given the impact of immigration and immigration law on our society and economy, and given the difficult immigration questions confronting us today, this is an issue that should be prominently in the canon. Immigration even has its own national monument surrounded by controversy, surely

Critical 1AC
Jeff and I reject the Chinese Exclusion Case.

Racial eligibilities are used to deny visas. Empirically true. Ogletree 2k - Jesse Climenko Professor of Law, Founder/Director of Harvard Criminal Justice Institute (Charles J. Ogletree Jr, July 2000, “Conference Paper: America’s Schizophrenic Immigration Policy: Race, Class, and Reason,” 41 B.C.L. Rev 755, Lexis, JAK) The visa eligibility process i... the public charge provision. n44

Immigration law has been removed from judicial review Orgad & Ruthizer 10 - Radzyner School of Law, The Interdisciplinary Center (IDC) Herzliya; Visiting Researcher, Harvard Law School. LL.M., Columbia Law School & Lecturer in Law, Columbia Law School; Partner and Co-Head, Business Immigration Group, Kramer Levin Naftalis & Frankel LLP; former President and General Counsel, American Immigration Lawyers Association (Liav & Theodore, Spring 2010, “Race, Religion, and Nationality in Immigration Selection: 120 Years After the Chinese Exclusion Case,” 26 Const. Commentary 237, JAK) Fourth, the plenary power doctrine ... he does so is irrelevant." n121

And, this case is based on racist origins Scaperlanda 96 - Professor of Law, University of Oklahoma College of Law (Michael, March, 1996, “Partial Membership: Aliens and the Constitutional Community,” 81 Iowa L. Rev. 707, JAK) Plenary immigration power ... required by our constitutional traditions. n94

And, nonimmigrant laws are held to a rational basis standard. Stumpf 8 - Associate Professor of Law, Lewis & Clark Law School (Juliet P., September 2008, “Article: States of Confusion: The Rise of State and Local Power over Immigration,” 86 N.C.L. Rev. 1557, Lexis, JAK) A similar phenomenon... domestic police powers.

And, this standard makes discrimination and racism inevitable Wall 10 - JD Candidate 2010, Tulane; BS, Clemson (Adam Bryan, February 2010, “Comment: Justice for All?: The Equal Protection Clause and Its Not-So-Equal Application to Legal Aliens,” 84 Tul. L. Rev. 759, Lexis, JAK) Conversely, excluding nonimmigrant aliens ... claiming transience as justification. n167

Discriminatory state laws are uniquely bad McKanders 10 - Associate Professor at University of Tennessee College of Law (Karla Mari, Spring 2010, “Identification of Race in the Law: Sustaining Tiered Personhood: Jim Crow and Anti-Immigrant Laws,” 26 Harv. BlackLetter J. 163, Lexis, JAK) Current state and local anti-immigrant ... local laws targeting vulnerable populations.

And, only the use of legal institutions dismantles racism and prevents violence Kenn 1 - Associate Professor of Law and Director, Community Development Law Clinic, Syracuse University College of Law (Deborah, Fall 2001 “Institutionalized, Legal Racism: Housing Segregation and Beyond.” 11 B.U. Pub. Int. L.J. 35. p. lexis. // WPDU-JR) Until an effort equal to the... it brings to our lives?

And plenary power has prevented the courts from addressing these changes Olafson 99 - B.A., Northwestern University, 1997; J.D., Georgetown University Law Center, 2000 (Meredith, Spring 1999, “The Concept of Limited Sovereignty and the Immigration Law Plenary Power Doctrine,” 13 Geo. Immigr. L.J. 433, JAK) The plenary power doctrine is ...notions of limited government. n156

And, plenary immigration law has been use to justify abuses in power Saito 7 – Professor of Law at Georgia State University, J.D. from Yale (Natsu Taylor. 2007. From Chinese Exclusion to Guantanamo Bay: Plenary Power and the Prerogative State. University Press of Colorado: Boulder, CO. pp. 10-1) As we have seen in the first ...e willing to have invoked against us.”32

Chinese Exclusion set up the foundation for nativism Thamkul 08 - J.D. expected, University of California, Berkeley School of Law, 2008 (Janel, April 2008, “The Plenary Power-Shaped Hole in the Core Constitutional Law Curriculum: Exclusion, Unequal Protection, and American National Identity,” 96 Calif. L. Rev. 553, Lexis, JAK) 1. Foreignness and Unassimilability in the Construction of ... the label of foreignness.

This nativist racism is a necessary condition for genocide and war. Change & Aoki 97 - Associate Professor, California Western School of Law; M.A., J.D., Duke University & Associate Professor, University of Oregon School of Law.; J.D., Harvard University (Robert S. & Keith, October 1997, “Centering the Immigrant in the Inter/National Imagination,” 85 Calif. L. Rev. 1395, Lexis, JAK) Examining the immigrant's entry into and .. city of Monterey Park, California.

2AC - A2 Topicality
1. We meet. Race is used as an eligibility criteria now Cross Apply Ogletree.

2. Counter-interp: admissibility is eligibility according to the US Code, consulars use admissibilities to determine eligibility status. Cross apply Section 1201

We meet our counter interp

A. Race discrimination in application locations is allowed and is SUBSTANTIAL! Cross apply Chin

B. Failing to apply properly means the consular officer can’t grant the necessary status. Cross apply Section 1153

C. That makes the immigrant inadmissible. Cross apply Section 1182.

3. Counter-interp: Substantial

A. Subs is “in the main” Words and Phrases, 2005, v. 40B, p.392, Okla. 191 1

“Substantially” means in substance; in the main; essentially; by including the material or essential part.

B. “One or more” refers to the entire category Random House 10 ( http://dictionary.reference.com/browse/one )

adjective 1. being or amounting to a single unit or individual or entire thing, item, or object rather than two or more; a single: one woman; one nation; one piece of cake.

C. We meet. The main beneficiary eligibility criteria are admissibilities listed in 1182 Wasem 10 – Specialist in Immigration Policy at the Congressional Research Service (Ruth, March 10, 2010, “Immigration Visa Issuances and Grounds for Exclusion: Policy and Trends,” CRS Report for Congress,http://fpc.state.gov/documents/organization/139239.pdf, JAK )

§221(g) Disqualification The statutory provision that gives the consular officer the authority to disqualify a visa applicant is broad and straightforward: No visa or other documentation shall be issued to an alien if (1) it appears to the consular officer, from statements in the application, or in the papers submitted therewith, that such alien is ineligible to receive a visa or such other documentationundersection 212 [8 USC §1182], or any other provision of law, (2) the application fails to comply with the provisions of this Act, or the regulations issued there under, or (3) the consular officer knows or has reason to believe that such alien is ineligible to receive a visa or such other documentation under section 212 [8 USC §1182], or any other provision of law....5 These determinations are based on the eligibility criteria of the various and numerous visa categories.6 The shorthand reference for these disqualifications is §221(g), which is the subsection of the INA that provides the authority.

4. Counter Interp Precedent determines statue

A. Chinese Exclusion isn’t overruled, Cross apply Lee 05. Here’s the decision. Field 1889 - Associate Justice of the Supreme Court (Stephen Johnson, May 13, 130 U.S. 581, 9 S.Ct. 623, 32 L.Ed. 1068, Chae Chan Ping v. United States, http://www.case-law.us/130%20U.S.%20581, JAK)

The control of local matters being left to local authorities, and national matters being intrusted to the government of the [p606] Union, the problem of free institutions existing over a widely extended country, having different climates and varied interests, has been happily solved. For local interests the several states of the Union exist, but for national purposes, embracing our relations with foreign nations, we are but one people, one nation, one power. To preserve its independence, and give security against foreign aggression and encroachment, is the highest duty of every nation, and to attain these ends nearly all other considerations are to be subordinated. It matters not in what form such aggression and encroachment come, whether from the foreign nation acting in its national character, or from vast hordes of its people crowding in upon us. The government, possessing the powers which are to be exercised for protection and security, is clothed with authority to determine the occasion on which the powers shall be called forth; and its determinations, so far as the subjects affected are concerned, are necessarily conclusive upon all its departments and officers. If, therefore, the government of the United States, through itslegislative department, considers the presence of foreigners of a different race in this country, who will not assimilate with us, to be dangerous to its peace and security, their exclusion is not to be stayed because at the time there are no actual hostilities with the nation of which the foreigners are subjects. The existence of war would render the necessity of the proceeding only more obvious and pressing. The same necessity, in a less pressing degree, may arise when war does not exist, and the same authority which adjudges the necessity in one case must also determine it in the other. In both cases its determination is conclusive upon the judiciary. If the government of the country of which the foreigners excluded are subjects is dissatisfied with this action, it can make complaint to the executive head of our government, or resort to any other measure which, in its judgment, its interests or dignity may demand; and there lies its only remedy.

B. Precedent holds the same force of law as Congressional legislation Black’s Law1 (Black’s Law Dictionary, Second Pocket Edition. Ed. Bryan A. Garner. “precedent,” p. 544, JAK)

precedent (pres-e-dent), n. 1. The making of law by a court in recognizing and applying new rules while administering justice. 2. A decided case that furnishes a basis for determining later cases involving similar facts or issues. - precedential, adj. See STARE DECISIS.

C. Overruling reverses the precedent. Black’s Law 01 (Black’s Law Dictionary, Second Pocket Edition. Ed. Bryan A. Garner. “overrule,” p. 508, JAK)

overrule, vb. 1. To rule against; to reject . 2. (Of a court) to overturn or set aside (a precedent) by expressly deciding that it should no longer be controlling law . Cf. VACATE (1)

5. Counter interp Consular decisions

A. Consulars ultimately decide eligibility Delgado 09 - Georgetown University Law Center J.D. candidate (Tayana E., Fall 2009, “Leaving the Doctrine of Consular Absolutism Behind”, 24 Geo. Immigr. L.J. 55, Lexis, JAK)

a. The Visa Application Process Generally, the admissions process involves three main steps. Unless the non-citizen must secure a labor certification or is part of a visa waiver [*57] program, the first step generally involves filing a visa petition with the United States Citizenship and Immigration Services (USCIS). n8 The petitioner, who is usually an employer or a family member with USC or LPR status, files a visa petition on behalf of a non-citizen beneficiary who is seeking entry into the U.S. n9 The visa petition gives the beneficiary the opportunity to show that she falls into an appropriate visa category. n10 If the USCIS approves the petition, the information is provided to the National Visa Center (NVC), which then transmits it to the consular officer in the country of residence of the beneficiary. If the non-citizen is temporarily residing in the U.S., the non-citizen's last residence abroad serves as the appropriate consular district. The second step involves filing a visa application with the U.S. consulate in the appropriate country. The beneficiary must show that he falls into an appropriate visa category and that she is not subject to any of the inadmissibility grounds. The third step involves seeking admission to the U.S. at a valid port of entry. The beneficiary may be subjected to a final examination by a Customs and Border Patrol (CPB) officer. n11

B. Consular denials aren’t subject to review in the case of race discrimination. Boswell 3 - Professor of Law and Director, Center for International Justice and Human Rights, University of California, Hastings College of the Law (Richard A., Fall 2003, “Racism and U.S. Immigration Law: Prospects for Reform after “9/11?”” 7 J. Gender Race & Just. 315, Lexis, JAK

Another doctrinal legal barrier is the non-reviewability of consular decisions.n127 One of the earliest criticisms of the 1952 McCarran-Walter Act, and at least a partial reason that President Truman vetoed the Act, was that it placed unrestrained and unreviewable power in the hands of the person making the decision to grant or withhold visas. n128 Because a visa is the [*340]essential document for gaining admission to the United States, the ability to grant or deny visas without judicial review places enormous power in the hands of the consular official. While our current laws, like the 1952 Act, preclude judicial review and are silent on administrative review,n129 there have been at least two small yet important changes since 1952. First, the Department of State implemented a program of advisory opinions in an effort to place some controls on errant consular officers. n130 This advisory program is only partially satisfactory, however, because the opinions from the Visa Office at the Department of State are only advisory as to the law and simply accept the consular officers' version of the facts. n131 The second important change since 1952 occurred with the enactment of the 1990 Immigration Act. n132 The 1990 Act contains a provision that the person denied a visa is entitled to a written notice of a visa denial. n133 These doctrinal barriers place formidable legal obstacles to immigration reform. On one hand, the plenary power doctrine leaves congressional enactments, even those that may be blatantly racist, immune from judicial scrutiny. On the other hand, the non-reviewability doctrine immunizes arbitrary executive action from scrutiny. However, when viewed together with the attitudinal barriers, one realizes the true nature of the challenges facing progressive reform of the immigration law. C. Attitudinal Barriers The extensive history of violence against immigrants at U.S. borders at the hands of officials or private citizens is legion and reflects some of the attitudinal barriers that exist in the system. Throughout U.S. history there have been periods when nativist fears were strong, but it would be hard to identify a period in which the sentiment had fully subsided. Racism, xenophobia and other forms of intolerance or bias are an inveterate human problem. They are a unique condition of the human psyche. On one level, these biases are the manifestations of an individual's fears and reflect a person's attitudes about those around them. These fears may be of little consequence when standing alone and held by persons with little power. [*341] However, when possessed by a person with the power to make a decision affecting the lives of others, these biases pose a serious force. The Immigration and Nationality Act of 1990 delegated great authority to personnel within the U.S. Department of State and the INS to make decisions regarding whether potential immigrants or foreign visitors will be allowed to travel to or be admitted to the United States.n134 At U.S. borders and within the United States, immigration officers make daily decisions regarding whether a foreigner may enter the country, be allowed to remain in the country or may impose conditions on the person's stay. If a consular or immigration officer is motivated by any form of bias, it seems unlikely that the victim of bias can overcome the adverse decision. In an area of law subject to very limited review, the decision maker would have greater discretion to make arbitrary decisions; including those that incorporate bias. The 1965 reforms did not include provisions to deal with the racially motivated attitudes and biases held by consular and immigration officials. While not the primary focus of this article, these attitudes seem to persist today and the attitudes of those who make literally millions of decisions to determine whether someone will receive a visa or a favorable exercise of discretion invariably will have a major impact on who comes to this country. n135

6. Their interp is bad for debate

A. It means illegal immigration isnt part of the immigration topic. Benavidez 8 - Associate, Latham & Watkins LLP, Orange County, California; J.D., University of California, Berkeley School of Law (Mayte Santacruz, December 2008, “Learning from the Recent Interpretation of INA Section 245(a): Factors to Consider When Interpreting Immigration Law,” 96 Calif. L. Rev. 1603, Lexis, JAK)

One controversial ground of inadmissibility penalizes persons who entered the U.S. without authorization because they are considered "inadmissible." More precisely, section 212(a)(6) (the "unlawfully present ground of inadmissibility") of the INA provides: "An alien present in the United States without being admitted or paroled, or who arrived in the United States at any time or place other than as designated by the Attorney General, is inadmissible." n41 The term "admitted" in the immigration context means "the lawful entry of the alien into the United States after inspection and authorization by an immigration officer." n42 This was the first time Congress made an illegal entry a ground of inadmissibility, thereby affecting most immigrants already present in the U.S. who entered the country without a visa or any other legal documentation. n43 At the same time, however, Congress created a narrow exception for battered women and children with approved VAWA petitions:

Illegal immigration should be the core of the immigration topic. Just because the community chose to focus on speciality worker visas doesn’t mean illegal immigration isn’t A) predictable or B) germane to the topic.

B. It unlimits the topic. Allowing affs to change eligibility of single visa classifications allows a number of small affs, such as giving Australian E-3 visas to non-Australians

7. Our interp is better.

A. Debating Chinese Exclusion is key b/c its the foundation for visa denials Katyal et al 10 - Acting Solicitor General, Counsel of Record (Neal Kumar; Tony West, Assistant Attorneys General; Lanny A. Breuer, Assistant Attorneys General; Edwin S. Kneedler, Deputy Solicitor General; Sarah E. Harrington, Assistant to the Solicitor General; Donald E. Keener, Attorney; Carol Federighi, Attorney; Robert N. Markle, Attorney; William C. Brown Attorney; August 27, Brief for the United States in Flores-Villar v. United States (09-5801))

Second, the power to confer or deny citizenship to individuals born abroad—individuals who are aliens insofar as the Constitution is concerned—is also an aspect of the power to exclude aliens from the Nation. That power “is an incident of every independent nation.” The Chinese Exclusion Case, 130 U.S. 581, 603 (1889). Accordingly, “[c]ourts have long recognized the power to expel or exclude aliens as a fundamental sovereign attribute exercised by the Government’s political departments largely immune from judicial control.” Shaughnessy v. United States ex rel. Mezei, 345 U.S. 206, 210 (1953); see Kleindienst v. Mandel, 408 U.S. 753, 766-767 (1972); United States v. Curtiss-Wright Export Corp., 299 U.S. 304, 318 (1936).

B. Debating about courts and immigration law is key to being good policy makers Thamkul 08 - J.D. expected, University of California, Berkeley School of Law, 2008 (Janel, April 2008, “The Plenary Power-Shaped Hole in the Core Constitutional Law Curriculum: Exclusion, Unequal Protection, and American National Identity,” 96 Calif. L. Rev. 553, Lexis, JAK)

Fortunately, legal academic leaders, who mold future political leaders, have the ability, through changing the legal canon, to adopt a new and more accurate American national identity narrative in which diversity and commonality are not mutually exclusive. As Fran Ansley argues: In legal education and in American communities, we should teach about the boundaries of American citizenship, should probe the meanings and the mechanisms behind this "nation of immigrants," andwe should do so withthe history of immigration law, the national quota system, and the long line of Mexican guest worker programs in plain view.Given the impact of immigration and immigration law on our society and economy, and given the difficult immigration questions confronting us today, this is an issue that should be prominently in the canon. Immigration even has its own national monument surrounded by controversy, surely a sign that it has canonical status in the American imagination. n244

8. Standards Debate

A. It doesn’t unlimit. We prevent hundred of small single eligibility affs. Even if they are subsets of admissibilities, other words check back.

B. Ground: no abuse. We overrule 120 years of precedent. Disad links are based on different forces that don’t matter in a world of our aff. There’s no right to politics or midterms. There’s comparable disads against courts, such as judicial capital.

C. Literature checks abuse. Chinese Exclusion is the basis for our entire immigration law

9. Good is good enough—our interpretation provides predictable limits and fair ground, satisfying the purpose of T as a voter. “Best interpretation” is a myth since marginal differences in limits and ground are subjective and are outweighed by loss of aff flexibility.

2AC - A2 Most CPs
Doesnt solve aff. Solvency isn't contingent on increasing visas.

Doesn't solve aff. Chinese Exclusion is key. Cross Apply Romero, Stump and Wall for racism. Cross apply Orgad for plenary powers. Cross apply Moore for detention centers..

Note most people just read a Congress counterplan against us.

2AC - A2 Judicial Capital DA
Lots of support on the court for pro-immigrant decisions. No backlash, Padilla proves. USA Today 4/1 (Joan Biskupic, 2010, “Lawyers must point out deals' deportation risks;Supreme Court's 7-2 decision cites right to effective counsel,” Lexis, JAK) Attorneys must tell their immigrant clients .... a tack hammer is needed."

Roberts doesn't think the aff is controversial Parker 9 - Professor of Law, Wake Forest (Wendy, Jan. 26, “Limiting the Equal Protection Clause Roberts Style”, Miami Law Review, Vol. 63:301, JAK) The Parents Involved plurality ... in terms of their effect on individuals.142

He controls the court. His support is critical to any future decision. Lithwick 7/30 - Slate Senior Editor (dahlia, July 30, 2010, “Roberts v. Kagan?” Slate,http://www.slate.com/id/2261947/) For one thing, this is decidedly ... fascinating pairing once they're both on it.

Current judges don't like plenary power - no backlash Pinix 8 - Judicial Law Clerk for the Honorable Patricio M. Serna, New Mexico Supreme Court; J.D., Marquette University Law School, 2007 (Matthew S., Summer 2008, “The Unconstitutionality of DOMA + INA,” 18 Geo. Mason U. Civ. Rts. L.J. 455, Lexis, JAK) DOMA + INA aggrieves American citizens ... would likely strike down DOMA + INA.

Kennedy would vote against plenary power in exclusion cases proves no controversy Lindsay 10 - Assistant Professor, University of Baltimore School of Law. M.A. History, University of Chicago, 1995; J.D. Yale Law School, 2002; Ph.D. History, University of Chicago (expected 2010) (Matthew J. Winter 2010 “Immigration as Invasion: Sovereignty, Security, and the Origins of the Federal Immigration Power” 45 Harv. C.R.-C.L. L. Rev. 1 Lexis JAK) Second, in at least two recent ... that undergirds immigration exceptionalism.

The idea of court capital makes no sense- unrelated cases don't trade off. Redish 97 - Northwestern School of Law (Martin, Summer, “Federalist Society Symposium: Washington, D.C.: November 14 - November 16, 1996: Panel Three: Disciplining Congress: The Boundaries of Legislative Power,” 13 J. L. & Politics 585, Lexis, JAK) The limited pie theory, as a justification, ... effect on reactions to those decisions.

Most justices don't even believe in the concept of court capital- they won't change their decisions based on it. Lund 2 - Professor of Law, George Mason University School of Law (Nelson, March 2002, “SYMPOSIUM: VOTES AND VOICES: Reevaluations in the Aftermath of the 2000 Presidential Election: The Unbearable Rightness of Bush v. Gore,” 23 Cardozo L. Rev. 1219, Lexis, JAK) This political approach to the exercise of jurisdiction ... often have no basis in the Constitution.

Judges don’t consider capital when deciding. Landau 05 - Law clerk for the Honorable Sandra L. Lynch, U.S. Court of Appeals for the First Circuit. A.B., Harvard College; J.D., Harvard Law School (David, 2005, “Article: The Two Discourses in Colombian Constitutional Jurisprudence: A New Approach to Modeling Judicial Behavior in Latin America,” 37 Geo. Wash. Int’l L. Rev. 687, Lexis, JAK) Theoretically, attitudinalists could argue that judges rule ... , not the reasoning of the case. n29

2AC Politics
The court will delay announcement of their decision until the end of the term – means it doesn’t require capital Mondak 92 - Professor of Political Science, University of Pittsburgh (Jeffery J., October 1992, “Institutional Legitimacy, Policy Legitimacy, and the Supreme Court,” American Politics Quarterly 20:4, Lexis, JAK) The process described ... its controversial actions?

Courts don’t link to politics- shielded from political pressure Ward 9 Artemus, Professor @ NIU, Political Foundations of Judicial Supremacy, Congress and The Presidency, pg. 119 After the old order has collapse ... constitutional commitments that might

Courts don’t link to politics- avoids political fallout Whittington 05 - Professor of Politics - Princeton University (Keith E., "Interpose Your Friendly Hand: Political Supports for the Exercise of Judicial Review by the United States Supreme Court”, The American Political Science Review, Nov., (99)4, p. 583) There are some issues ... in the following case.

2AC Legitimacy DA
Limiting the plenary power doctrine boosts legitimacy. Olafson 99 - B.A., Northwestern University, 1997; J.D., Georgetown University Law Center, 2000 (Meredith, Spring 1999, “The Concept of Limited Sovereignty and the Immigration Law Plenary Power Doctrine,” 13 Geo. Immigr. L.J. 433, JAK) The plenary power doctrine is ... notions of limited government. n156

Subjecting immigration law to judicial review boosts legitimacy Johnson 8 - Associate Dean for Academic Affairs, University of California at Davis; Professor of Law and Chicana/o Studies; JD, Harvard (Kevin R., 2008, “Hurricane Katrina: Lessons about Immigrants in the Administrative State,” 45 Hous. L. Rev. 11, Lexis, JAK) During roughly the same ... administrative decisions adverse to noncitizens can only make matters worse for noncitizens, as well as undermine the perceived legitimacy of the agency's actions. n90

Plan leads to uniform application in immigration law Stumpf 08 - Associate Professor of Law, Lewis & Clark Law School (Juliet P., September 2008, “Article: States of Confusion: The Rise of State and Local Power over Immigration,” 86 N.C.L. Rev. 1557, Lexis, JAK) A similar phenomenon has emerged in ... much laxer rational basis review.

Thats key to legitimacy Caminker 94 - Acting Professor, U.C.L.A. School of Law (Evan, April 1994, “Why Must Inferior Courts Obey Superior Court Precedents?” 46 Stan. L. Rev. 817, Lexis, JAK) Respect for judicial authority. ... under the rule of law. n157

Plan overrules because of liberty interests, that increases legitimacy Ensign 06 - Law Clerk to the Honorable J. Clifford Wallace of the Court of Appeals for the Ninth Circuit. B.S., J.D., New York University School of Law (Drew C., June 2006, “Note: The Impact of Liberty on Stare Decisis: The Rehnquist Court from Casey to Lawrence,” 81 N.Y.U.L. Rev. 1137, Lexis, JAK) As the discussion of the cases in ... which has previously been nebulous. n156

2AC Kritiks
Perm do both. Courts are necessary along with individual action. Law 09- Professor of Law & Political Science at Washington University in St. Louis; B.A., M.A., Ph.D., Stanford University; J.D., Harvard Law School; B.C.L. in European and Comparative Law, University of Oxford (David S., March 2009, “A Theory of Judicial Power and Judicial Review,” 97 Geo. L. J. 723, JAK) The relationship posited here between the ... judge to stand together.

Courts are critical. Civil Rights prove. Sarat 98 - William Nelson Cromwell Professor of Jurisprudence and Political Science, Amherst College (Austin, 1998, “Going to Court: Access, Autonomy, and the Contradictions of Liberal Legality,” The Politics of Law: A Progressive Critique, Ed. David Kairys, 3rd edition) Despite a radically changed political ... into the fabric of American life.

Chinese Exclusion set up the concept of foreignness. Rejecting the case is key to break down the idea of citizenship. Thamkul 08 - J.D. expected, University of California, Berkeley School of Law, 2008 (Janel, April 2008, “The Plenary Power-Shaped Hole in the Core Constitutional Law Curriculum: Exclusion, Unequal Protection, and American National Identity,” 96 Calif. L. Rev. 553, Lexis, JAK) Rendered in an atmosphere of ... assimilating and becoming "American." n98

Chinese exclusion sets the basis for racial anxiety emphasized as “Yellow Peril” underlining security concerns. Lee 7 - PhD candidate Political Science, UCLA (Fred I., 2007, “The Japanese Internment and the Racial State of Exception,” Theory and Event 10:1, JAK) In the first decade of the twentieth century, ... fundamental danger to American security.16

By rejecting Chinese Exclusion, the aff breaks down this anxiety which fosters racial states of exception. Lee 7 - PhD candidate Political Science, UCLA (Fred I., 2007, “The Japanese Internment and the Racial State of Exception,” Theory and Event 10:1, JAK) Demands for evacuation disturbed the ... it posits the concept of politicized race

Overruling Chinese Exclusion questions this dominant way of representing others ensuring China isn’t constructed as a threat which breaks down us/them dichotomies. Pan 04 - Department of Political Science and International Relations, Faculty of Arts, Australian National University (Chengxin, July 2004, “The "China Threat" in American Self-Imagination: The Discursive Construction of Other as Power Politics”, Alternatives: Global, Local, Political, Vol. 29:3) Therefore, to call for a halt to the ...might become possible.

Chinese exclusion reflects the basis of excluding due to class. The aff rejects this capitalist structure. Augustine-Adams 05 - Professor of Law, BYU (Kif, March 2005, “Symposium: Immigration and Civil Rights After September 11: The Impact on California: The Plenary Power Doctrine after September 11,” 38 U.C. Davis L. Rev. 701, Lexis, JAK) Economic criteria have also been ... extant patterns of privilege.