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T – policy
I. Interp:
I’ll explain… any kind of policy, X policy, Y policy, energy policy, environmental policy, is still
a type of POLICY. Part-to-whole is a fallacy, yeah, but I didn’t commit it – for instant, “capital” and
“punishment” when put together basically mean the death penalty, but when separated, could be
interpreted as sanctions (“capital” meaning monetary, “punishment” still meaning punishment). But if
you look at those two different interps of c-punishment, the word “punishment” still means the same
thing – the death penalty and sanctions are still a form of punishment…just like EP is still a form of
policy. That’s why the definition of “policy” can be used (by itself) as a T argument.
II. Vio:
Look back to the examples of the correct application of “policy” in my definition (btw, I didn’t
make those up, those were with the dictionary definition) – a “policy of retribution”. Can there be
specific Acts of Congress that could demonstrate or use a policy of retribution? Absolutely. Can a single
Act BE that policy? ONLY if it is CREATING that policy. For example, does a bill giving tax credits to
companies investing in wind energy make up all of (arguably) energy policy? No, but it IS part of
energy policy. Is Congress changing energy policy? No, the policy is still the same (we give tax credits
to other energy-thingamajigs like ethanol). The only way they could change the policy is by passing
legislation that prohibits further tax credits, or ends them, or etc. Other than that, the polic is still the
same. I’ll sum it up with a double-bind:
i] either aff is creating a policy (rather than reforming one) and isn’t T, or
ii] aff is passing modifying an Act that only follows an existing EP. (that’s where FXT
comes in, because they may affect the policy, but they’re not changing it).
III. Standard:
Basically his arg here is that my brightline is a-okay, but we have to construct that
distinction from a common-man POV. My responses apply to both his points, because his “2)” point is
just saying we need common man to understand things, which is very similar to his first. 3 reasons
common man is bad:
1. It defies common-sense. Would we ever use a definition from something like dictionary.com,
or the average man on the street? We might, if we had no other dictionary, or if the word wasn’t very
important to the discussion, like the word “the” or “it” or “federal government”. Would we use
dictionary.com or the common man in this situation? Of course not; it’s common sense to use a
definition from an expert on the subject. If I were going to build something, I would ask a carpenter for
advice and help with planning, not a random person on the street. If I wanted to define environmental
policy, I would ask an expert on the subject, not a random person.
2. It has no application (not real-world). We can define things from a common man standpoint
all day and never get anywhere because the fact is, we don’t use common man definitions in legal
matters! The first page of any legal document (and sometimes more) is covered in definition of words
found in the document. Is that common man? Not in the slightest. In the real-world, common man
definitions are thrown out whenever we get into legal matters – and we’re in a legal matter here.
Will Malson species2NC Page 3 of 11
3. It destroys clarity, is subjective. Looking back at that page of the legal document, the one
covered with definitions of important terms, we wonder if this will clarify things – and it will. What
would happen if legal documents did not have a page for definitions, and insisted on a “common man”
interpretation of things? Well then we would never settle anything in court and nothing would be very
clear because everybody has a different interpretation of something.
Now for my standard: I gave you one in the 1NC, and that was fxt bad. I also gave you the standard of
brightline, that anything past the line is non-T. (just for clarification, that line was fxt or no). he agreed it
was bad, sooo…that means the debate is pretty much on “common man” (good or bad) and on the
interp.
IV. Voters:
1. AT: “over-limits”
he’s making the argument that it’s even possible to over-limit the aff. This really doesn’t belong in
voters, it belongs in standards – though I’ll defend “limits (over-limits too) good”, 5 reasons:
a. Key to predictability: Without strict limits, more cases would be topical, and the neg could
never be as prepared, if at all.
b. Key to Education: Limits allow greater depth of debate, we learn a few things really well.
c. Can’t limit enough: Any creative debater will always find a new case to run within the
tightest limits.
d. More debatable: It might not be real world, but setting limits makes us able to have real
debate, fiat’s not real anyway
e. Checks infinite Prep Time: The aff has forever to prepare, limits give the neg at least closer
to as long.
Now on to my voters…
I’ll extend 3 and 4, and 2 because he dropped it – prima facie burden. This really mixes in with my
response to “turn impact 3 and 4” though.
Will Malson species2NC Page 4 of 11
T – EP
II. Vio:
His definition says that EP is “policy concerned with governing the relationship between people
and their natural environment.” Let’s paraphrase it a bit…EP is policy that is concerned with
governing (regulating, etc) the relationship (interactions, “feelings” if you want to get technical)
between people (humans) and their natural environment (basically habitat). In other words, EP is
policy that has to do with regulating the interactions between humans and the area in
which they live (habitat). Look, I think it’s an awful definition, but I’m just making a T arg
based off of HIS interp. That way, if I lose my interp, I can defer to his, and try to win on that.
But really – to his mandates. Do any of them have to do with regulating interactions between
humans and the area in which they live? Their natural environment is cities, suburbs, houses,
etc…the lacey act has to do with importing “invasive species”. …I’m not seeing the connection
between the two.
Will Malson species2NC Page 5 of 11
K – invasive species
Note on the f/w – for this K, I just gave you a little bit about rhetoric, and for the 2nd, I didn’t really give
one: it would normally be just a little paragraph explanation, but I figured you both know it well enough
that I don’t need to put it in, and if he was going to contest my f/w, he would have, but he didn’t. so.
(like “K’s bad” or something)
II. Links
III. Impact
He’s missing the argument – look to my impact evidence, specifically the portion I quoted on the
previous page (of the 2NC) – it’s that lens that we view the world that causes problems (like
genocide). “Invasive species” is just another facet of that “racial purity” that motivated (and self-
justified) all instances of genocide in history.
IV. Alt
He’s missing this argument as well – my alt has nothing to do with policy. It’s purely based in
language. Mainly, don’t use the term “invasive species” or anything surrounding it. The
“balanced approach” is concerning how we talk about them, not how we go about dealing with
them. Your case can’t solve for my K.
Will Malson species2NC Page 7 of 11
Representations K
I. Link
2. Diner
He says Diner isn’t a horror story? Lawl. 2 quotes here, the first is Doremus 2k (my link card),
and the 2nd is Diner:
In recent years, this discourse frequently has taken the form of the ecological horror
story . The image of the airplane earth, its wings wobbling as rivet after rivet is
carelessly popped out, is difficult to ignore.
Theoretically, each new animal or plant extinction, with all its dimly perceived and
intertwined affects, could cause total ecosystem collapse and human extinction. Each
new extinction increases the risk of disaster. Like a mechanic removing, one by one, the
rivets from an aircraft's wing, mankind may be edging closer to the abyss.
That pretty much solidifies my link, seeing as he said he would quote Diner.
After an epic fire in Idaho and Montana incinerated three million acres and killed 85 people in 1910, the U.S. Forest
Service, founded only 5 years earlier, established a sweeping policy of fire suppression. To avoid a repeat of the
“Big Blowup” of 1910, the Forest Service instituted what was known as the “10 a.m. policy,” wherein any
forest fire was to be extinguished the morning after its discovery (Trachtman, 2003). Since that time,
fire suppression's widespread success has led to an even larger danger of catastrophic fire. After
years of fire suppression, forests have been left packed with enough fuel to start the sort of
massive fires the policy sought to avoid. Brush and smaller trees that would have been removed
by naturally occurring small fires built up in the forests' understory. This created the tinderbox
situations that led to massive fires such as the one in Yellowstone National Park in 1988 (“Not Just
the Trees,” 2003).
III. Alt
a) If you’re going to address my alt at least read it…“Viewing nature as an integrated part of life
rather than a security threat…” none of your analysis really applies.
b) the alt is also not to separate nature from humanity so much, which you do. That went
unaddressed.
c) you just contradicted yourself… “taking the precautionary principle does not automatically
assume a security threat.” Okay… “it simply means that there is a high potential for a threat that
we should be cognizant of.”
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Condi
First,
the practical impact of punishment arguments is to destroy education. The punish tactic is so
subjective and open to abuse, as we have seen earlier, that it hurts the activity. The advocate of
Will Malson species2NC Page 10 of 11
punishment isn't really concerned about education anyway. S/he is just whining about arguments s/he can't answer.
Second, punishment arguments confuse the role of a debate judge. The debate judge is evaluating
public policy argument. S/he is not an umpire who hands out penalties for rule violators. The arguments in a
debate about theory are important because they tell the judge how to evaluate the policy arguments. The theoretical concerns have
no independent value. If hypothesis testing is bad then a judge shouldn't decide based on that paradigm, To punish a team for
advocating hypothesis testing is to turn a debate judge into an umpire. The notion that the debate process is
a forum for punishment has crept into the activity with little critical scrutiny. It is ridiculous that
a team is able to win a debate by whining about the practices of their opponents. Debate is educational
because it trains students in oral argument and it is the job of the judge to evaluate who better argues the policy issues in a debate.
Third, punishment arguments create an esoteric activity with little real world applicability. Debate
is already charged with being too remote and elitist. The kinds of theory debates that will
probably evolve if punishment arguments continue to be accepted are mind boggling. Why not
turn the impacts of punishment arguments? Why is destroying debate bad? Why is education good? Why is
fairness ethically justified? We may see the day when a team argues that the destruction bf debate is good
because it hurts democracy. And democracy is bad because it hurts the transition to a new form
of ecological organization. Or maybe we will see debaters arguing studies that deterrence is counterproductive. This means that the
way to stop bad debate is to vote for the team that runs the worst arguments.
4. They present first. They speak first and thus get to present any case and value they want; I’m
forced to debate them on turf. That’s a home-field advantage that needs to be checked back; you
should err neg on theory to make up for this.
5. No CX after 1ar - Prefer negative theory because the negative lacks cross-ex after the 1AR as
a check against confusing theory that they might run, so the negative always outweighs on risk.