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Liberty / Tyranny AC [the one I'm running for the year]

Liberty / Tyranny AC [the one I'm running for the year]

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Published by: willmalson on Mar 15, 2010
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12/20/2012

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Will Malson

Liberty / Tyranny AC

Page 1 of 4

Liberty / Tyranny AC
You are no longer in the United States of America. You are now in Fidel Castro’s Cuba. Here, you have no right to equality, no right to life, liberty or the pursuit of happiness: your human rights can be violated on a whim and without consequence. Your government is corrupt. You cannot fix it because you do not get a say in what goes on in the government; at least, you have what appears to be a say, but the elections are all rigged anyway. There are no checks and balances in the federal government; power rests with a single dictator. How did this happen? This happened because your government turned into a cooperative beast. This happened because we did not have competition. Thus, I stand Resolved: That competition is superior to cooperation as a means of achieving excellence. I’ll be introducing you to two main elements today, elements that prevent said example of Fidel Castro’s Cuba. Both of these two elements will require competition in order to survive. But let’s start off with some definitions. I will define competition and cooperation from a common-man point of view: how we use them in everyday life. Competition: “The act of seeking, or endeavoring to gain, what another is endeavoring to gain, at the same time”- Noah Webster’s 1828 Dictionary Cooperation: “The act of working, or operating together, to one end; joint operation;” - Noah Webster’s 1828 Dictionary In addition, I’ll be defining excellence: Excellence: the quality of being outstanding or extremely good (Oxford American Dictionaries) Next is my Value: My value is two-fold. I value liberty, & I also value a system that prevents tyranny. Let’s jump right into:

Will Malson

Liberty / Tyranny AC

Page 2 of 4

Element 1: Competition Upholds Liberty.
How does competition uphold liberty? Let’s break it down into three main points and analyze it. Point A: What is liberty? We can go on all day talking about such an abstract concept, but in order to have a debate we need to put the concept in concrete terms. Liberty is the state of being free within society from oppressive restrictions imposed by authority on one’s way of life, behavior, or political views. Point B: Cooperation hinders liberty. Let’s take a look back at the definition of cooperation: the act of cooperating in order to achieve a goal. Now take a look at the definition of liberty: the state of being free within society from oppressive restrictions. Cooperation would say that we should go along with these restrictions in order to achieve a goal, whether that goal is peace or security. In that sense, cooperation hinders liberty. Point C: Competition upholds liberty. If cooperation hinders liberty, then competition must uphold it. Look back again at the definition of liberty: the state of being free. What must exist in order to be free? Competition. Competition with oppressive restrictions must exist in order to have liberty. In that regard, competition directly and undoubtedly upholds liberty. Now that we can see competition upholds liberty, we must look at the opposite side of the coin: does competition prevent tyranny, or merely uphold liberty? This leads us to:

Will Malson

Liberty / Tyranny AC

Page 3 of 4

Element 2: Competition Prevents Tyranny
Just like before, let’s break it apart into three main pieces and analyze it. Point A: What is tyranny? Again, we need to put into concrete terms our abstract concepts. Tyranny is cruel and oppressive government or rule, or the suppression of liberty. Point B: Competition prevents tyranny via liberty Competition upholds liberty as shown earlier. Because tyranny is the suppression of liberty, it is completely logical that competition prevents tyranny. Point C: Competition prevents tyranny via internal government structure. Competition prevents tyranny in the federal government by dividing the power among the several branches. Let’s examine this in 2 sub-points: 1. THE SOP PROVISIONS PREVENT TYRANNY. Martin Redish 91
Martin Redish, Law Professor, Northwestern, 1991 (DUKE However, we believe that

LAW JOURNAL, December, p. 453) (HEG)

the separation of powers provisions of the Constitution are tremendously important, not merely because the Framers imposed them, but because the fears of creeping tyranny that underlie them are at least as justified today as they were at the time the Framers established them. For as the old adage
goes, "even paranoids have enemies." It should not be debatable that, throughout history, the concept of representative and accountable government has existed in a constant state of vulnerability.

2. THE SEPARATION OF POWERS IS INHERENTLY COMPETITIVE. Daryl Levinson 06
Daryl J. Levinson [Professor of Law, Harvard Law School] & Richard H. Pildes [Sudler Family Professor of Constitutional Law, NYU School of Law. Carnegie Scholar 2004], “Separation of Parties, Not Powers”, Pages 5 and 6, HARVARD LAW REVIEW [Vol. 119:1], New York University, School of Law, Public Law and Legal Theory Working Papers, NELLCO, 2006, stuff inside & brackets added for “is” on the second line; the others are in original (HEG)

With respect to constitutional law, Part III shows where conventional separation of powers analysis — [is] based on the Madi- sonian model of inherently competitive branches checking and balancing one another — goes astray. The greatest threat to constitutional
Part III turns to implications for both constitutional law and democratic institutional design. law’s con- ventional understanding of, and normative goals for, separation of powers comes when government is unified and interbranch political dynamics shift from competitive to cooperative. Part III then also takes up the challenge of imagining how law and political institutions might be reformed to re- store the checks and balances that party unification undermines. In part, it does so by pursuing a strategy of institutional design, borrowing the idea of “opposition rights” from European parliamentary democracies to sug- gest avenues for recreating party competition within government institu- tions and revisiting the Progressive vision of a depoliticized bureaucracy as the “fourth branch” of government. Part III also explores the possibility of a more direct approach to the problem of strongly unified government: fragmenting, or moderating, the political parties themselves. In doing so, it brings us full circle, back to the Article’s animating recognition that the law and politics of separation of powers are continuous with, and insepa- rable from, the law and politics of

According to the political theory of the Framers, “the great problem to be solved” was to design governance institutions that would afford “practi- cal security” against the excessive concentration of political power.10 Constitutional provisions
democracy. I. FROM BRANCHES TO PARTIES A. Madison and the Mechanisms of Political Competition specifying limited domains of legitimate author- ity were of minimal utility, for, as Madison explained, “a mere demarca- tion on parchment of the constitutional limits of the several departments is not a sufficient guard against those encroachments which lead to a tyranni- cal concentration of all the powers of government in the same hands.”11

The solution to this great problem was, instead, to link the power-seeking

Will Malson

Liberty / Tyranny AC

Page 4 of 4

motives of public officials to the interests of their branches. By giving “those who administer each department the necessary constitutional means and personal motives to resist encroachments of the others,” the Framers hoped to create a system in which competition for power among the branches would constrain each safely within its bounds.12 With multiple government departments pitted against each other in a competition for power, an invisible-hand dynamic might prevail in which “[a]mbition [would] be made to counteract ambition.”13 In conclusion, what we see are striking opposites choices. With competition, we uphold liberty and we prevent tyranny. We can see this as empirically true, when our own government is in a state of competition. However, when our government is not in a state of competition, when it is cooperative, the conditions exist in which tyranny can arise very easily. Do you have a gun in your home? Do you want your child to have access to that gun at all? No. In the same way, we do not want our government to have access to tyranny. How do we prevent tyranny? By using competition in the government and individually, which upholds liberty and prevents tyranny. It is for these reasons that I stand Resolved: that competition is superior to cooperation as a means of achieving excellence.

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