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GT – Natives 2AC Blocks
GT – Natives 2AC Blocks......................................................................................................................................1 AT: Corporations Turn..........................................................................................................................................6 AT: Green Manipulation.......................................................................................................................................7 AT: Self-determination - Notes.............................................................................................................................8 AT: Self Determination Bad – 2AC .....................................................................................................................9 AT: Self-determination Bad – 2AC.....................................................................................................................10 AT: Self-determination Bad.................................................................................................................................11 AT: Self-determination Bad – 2AC.....................................................................................................................12 ...............................................................................................................................................................................12 Ext. Internal = Good Model................................................................................................................................13 Ext. Internal = Good Model - Key to Peace.......................................................................................................14 Ext. Internal = Good Model - Key to Palestine.................................................................................................15 Ext. Internal = Good Model - Key to Tibet.......................................................................................................16 Internal > External..............................................................................................................................................17 Ext. Internal > External......................................................................................................................................18 Ext. Internal > External......................................................................................................................................19 Environmental Policy Key..................................................................................................................................20 At: Casinos Solve..................................................................................................................................................21 AT – Wind Economically Risky..........................................................................................................................22 AT – Native American Wind Not Feasible........................................................................................................23 AT – Not Enough Wind for Market...................................................................................................................24 AT – Location Integration Issues.......................................................................................................................25 AT – Cost...............................................................................................................................................................26 AT- Small Dams....................................................................................................................................................27 AT- Doesn’t Spillover...........................................................................................................................................28 AT- Resilient.........................................................................................................................................................29 AT- Fish Ladders and Transport........................................................................................................................30 AT – Turbine Manufacturing Emits CO2.........................................................................................................31 AT - Wind Climate DA........................................................................................................................................32 AT -Wind Climate DA.........................................................................................................................................33 AT – Wind Birds DA............................................................................................................................................34
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AT: Essentialism DDI 2008 GT Logan AT – Wind Kills bats............................................................................................................................................35 AT Wind = Unstable.............................................................................................................................................36 Advice and Strategy - CPs...................................................................................................................................37 AT: Consult Natives.............................................................................................................................................38 AT: Consult Natives – 2AC.................................................................................................................................39 AT: Consult Natives 2AC....................................................................................................................................40 AT: Consult Natives 2AC....................................................................................................................................41 At: Consult CP – 2AC..........................................................................................................................................42 1ar Perm and Feuding Tribes (1+2)...................................................................................................................43 1AR Ext. Consultation = Implausible................................................................................................................44 1ar Perm- do Counterplan Extensions (#3).......................................................................................................45 1ar Extension - Teaches Helplessness.................................................................................................................46 Consultation Hurts Relations.............................................................................................................................47 Consultation Fails................................................................................................................................................48 AT: States Counterplan.......................................................................................................................................49 AT: States CP – 2AC............................................................................................................................................50 AT: States CP – 2AC............................................................................................................................................51 AT: States CP – 2AC............................................................................................................................................52 State CP Bad Theory 2ac.....................................................................................................................................53 (1) USFG Key- ptc’s.............................................................................................................................................54 (2) USFG Key to self determination ..................................................................................................................55 (3) USFG Key to Modeling..................................................................................................................................56 (4) Counterplan Illegit .......................................................................................................................................57 (4) Counterplan Illegit- AT: Lopez.....................................................................................................................58 USFG solves best- community participation.....................................................................................................59 Natives Prefer USFG to Act................................................................................................................................60 AT: Permanent PIC.............................................................................................................................................61 AT: Permanence PIC – 2AC...............................................................................................................................62 AT: Permanence PIC – 2AC...............................................................................................................................63 AT: Permanent PIC – 2AC..................................................................................................................................64 Non-Permanent hurts tribal economy...............................................................................................................65 BizCon DA 2AC....................................................................................................................................................67
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AT: Essentialism DDI 2008 GT Logan BizCon DA 2AC....................................................................................................................................................68 Ext. BizCon DA....................................................................................................................................................69 Ext. Biz Con Links...............................................................................................................................................70 AT: Full Sovereignty CP......................................................................................................................................71 AT: Full Sovereignty CP – 2AC..........................................................................................................................72 At: Full Sovereignty CP – 2AC...........................................................................................................................73 AT: Full Sovereignty CP – 2AC..........................................................................................................................74 AT: Natives are not all the same.........................................................................................................................75 AT: Small Business CP........................................................................................................................................76 AT: Small Biz CP – 2AC......................................................................................................................................77 AT: Small Biz CP – 2AC......................................................................................................................................78 AT: Small Biz CP – 2AC......................................................................................................................................79 AT: Small Biz CP – 2AC......................................................................................................................................80 Alt Causes to Entrepreneurialism......................................................................................................................81 N/U- Many Programs Now..................................................................................................................................82 AT: Kritiks............................................................................................................................................................83 Framework...........................................................................................................................................................84 AT: Sovereignty K – 2AC....................................................................................................................................85 AT: Sovereignty K – 2AC....................................................................................................................................86 AT: Sovereignty K – 2AC....................................................................................................................................87 2ac AT Plenary power K......................................................................................................................................88 2ac AT Plenary power K......................................................................................................................................88 2ac AT Romanticism/essentialism K .................................................................................................................90 At: Romanticism/Essentialism............................................................................................................................91 AT: Romanticism/Essentialism...........................................................................................................................92 AT: Romanticism/Essentialism ..........................................................................................................................93 At: Romanticism/Essentialism............................................................................................................................94 2ac AT Heidegger.................................................................................................................................................95 2ac AT Heidegger.................................................................................................................................................96 2ac AT Heidegger ................................................................................................................................................97 2ac AT Capitalism................................................................................................................................................98
Martin ‘ 04 (William, Professor @ Binghamton University, “Beyond Bush: The future of popular movements & US Africa policy,” Journal Review of African Political Economy, Volume 31, Issue 102 December 2004 , pages 585 – 597, Informaworld)98 3

AT: Essentialism DDI 2008 GT Logan
Yet with rare exceptions these linkages have yet to form sustainable networks, much less led to a direct impact on government policies or a broad public consciousness. And at times direct conflict between US and continental African NGOs and civil society groups is quite open. When US NGOs participated in the official NGO Forum at the AGOA Ministerial Forum in Mauritius in early 2003, for example, they were denounced by the local Platform Against Bush Politics - a coalition of local trade unions, women's organisations, and other civil society groups which regard AGOA conditionalities and privatisation as 'the recolonisation of Africa.'30.......................................................................................................................................................................................98

2ac AT Capitalism..............................................................................................................................................100 AT: Capitalism – 2AC........................................................................................................................................101 Spending 2AC....................................................................................................................................................102 Spending 2AC....................................................................................................................................................103
Newspapers are filled with warnings about the potential for growing budget deficits due to President Bush’s proposed fiscal stimulus package. Two years ago, we were going to have surpluses as far as the eye could see—somewhere upwards of $2 trillion. Politicians were ebullient over the likelihood that these record surpluses would allow them to save Social Security, increase spending on pet projects, and give well-heeled constituents a nice fat tax cut. Now these same politicians are all stressed out over the forecasts of ballooning federal deficits. The outlook has changed to burdening our children with the bill for our lifestyles and the fact that Social Security will go broke. The government plays a critical role in influencing the economy especially when cyclical factors knock a long-term trend off track. In such circumstances the federal government steps in and replaces some of the lost demand that was coming from the private sector by greater spending. The U.S. dollar is not anchored to any particular commodity; the government is free to net spend (spending in excess of revenues) as much money as necessary to keep the economy afloat. When government “spends,” it introduces demand into the economy. For example, when the government orders a fleet of aircraft, it pays for the aircraft with a check drawn on the U.S. government, and credits the appropriate bank account when that check clears through the Fed. The federal government doesn’t need money to spend money. There is only one way for our government to spend-- it credits an account for a member bank at the Fed. When companies begin producing the planes and hiring the associated workers as a result of the government purchase, income and output goes up. As a matter of accounting, it is the same money the government spends that, at the end of the day, purchases the government bonds that are ultimately issued with the presumption of ‘financing’ the initial government spending. In other words, deficit spending creates the new funds to buy the newly issued securities. The result is an increase in output as well as in increase in savings of net financial assets (in the form of treasury securities) for the private sector. The government deficit has important economic consequences, assuming there was excess capacity in the real economy. Economic activity increases; the government acquires goods and services that are needed; unemployment declines; production goes up; the overall economy grows; and individuals and companies savings increase in the form of the newly issued government bonds. ..........................................................................103

AT: Russia Oil 2AC ...........................................................................................................................................104 AT: Russian Oil – 2AC.......................................................................................................................................105 2ac AT Bush good...............................................................................................................................................106 Bush good 2ac.....................................................................................................................................................107
FORTIER & ORNSTEIN 03 studies politics, the presidency, continuity of government, elections, the electoral college, election reform, and presidential succession disability & American Enterprise Institute Fortier - Ornstein - American Enterprise Institute. 2003 (John C. & Norman J.) <http://www3.brookings.edu/press/books/chapter_1/secondtermblues.pdf>.......................................107

.............................................................................................................................................................................107 2ac AT Obama DA.............................................................................................................................................108 AT: Obama DA – 2AC.......................................................................................................................................109 AT: Obama Wins the Election...........................................................................................................................110 AT: Obama Wins................................................................................................................................................111 AT: Obama Wins................................................................................................................................................112
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AT: Essentialism DDI 2008 GT Logan AT: McCain Wins Election................................................................................................................................113 AT: McCain Wins Election................................................................................................................................114 At: McCain Wins Election.................................................................................................................................115 AT: T in means with in the US..........................................................................................................................116

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AT: Corporations Turn
They say corporations 1. That’s our argument – only corporations get tax credits now, plan gives Natives tradeable tax credits so that they can get services or money from the corporations in exchange for the tax credit 2. Their argument is talking about economic development for US corporations rather than the development of economic self-sufficiency for Native Americans

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AT: Green Manipulation
They say Green manipulation 1. the thesis of the self-determination advantage is economic self-sufficiency through tradeable production tax credits that’s Intertribal Coup, 2. alternative energy comes into play because the distributed generation allows a movement away from the centralized governmental control 3. some essentialism is necessary for politics success – if we can’t access a group of people that have been marginalized because we can’t talk about them in the way we always have we can’t take action to rectify marginalization 4. we don’t construct the primitive we just talk about an avenue for sovereignty that’s vandever

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AT: Self-determination - Notes
I don’t think you should read defense on these turns because they should all be scenarios that you solve if you win the internal link story because this is our advantage

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AT: Self Determination Bad – 2AC
[self-d turns, group them, they have to win their internal link to fragmentation to access any of their impacts] 1. Natives are a beacon – Natives will set an example for other indigenous peoples of how development can be done "right”, that’s Jorgensen 2. The Native set a peaceful example of internal self determination, and the model of self-determination created one includes state responsibility for equal treatment of peoples instead of secession, that’s Thornberry 3. Our model differs – Internal self-determination is different from the violent secession model your evidence assumes
Daniele Archibugi, Director of the Italian National Research Council and Leverhulme Visiting Professor, London School of Economics, “A Critical Analysis of the Self-determination of Peoples: A Cosmopolitan Perspective,” Constellations Volume 10 Issue 4, Pages 488 – 505, 19 Nov 2003, Journal compilation © 2008 Blackwell Publishing Ltd, Blackwell Over the last few years, the demand for the self-determination of peoples has once more acquired considerable force. In consolidated states no less than in states that are falling apart, more or less dominant political groups have appealed to selfdetermination to support their own political projects. Statistics on the issue tell us that at the beginning of 2003 there are 22 ongoing armed conflicts for self-determination, 51 groups using conventional political means to pursue selfdetermination, and 29 groups using militant strategies short of armed violence.1 Such demands have pursued a variety of goals, ranging from multilinguism to greater tolerance for the religions, habits, and customs of minorities, and even the review of borders and the setting up of new states. Different, often contradictory aspirations have thus been grouped under the single banner of self-determination. If we take a closer look at such demands, we find that “the right to selfdetermination” spans three very different categories. The first is the selfdetermination of colonial peoples, which is how the term is used in the United Nations Charter and in many other sources of international law. The entire world political community supports this meaning, bar a few exceptions. The second meaning, associated with secession, encompasses the demands of minorities which intend to break away from the state they belong to, and has been the most in vogue since the end of the Cold War and also the one most directly associated with the armed conflicts and civil wars of the last decade. It is the second meaning, in particular, that clashes with the concept of state sovereignty. The third meaning, finally, refers to certain ethnic or cultural groups which, although intending to remain part of the state they belong to, wish to achieve certain collective rights. This latter is the most innovative meaning and, in democratic states especially, has triggered a fierce debate.

4. Impact inevitable - secession conflicts are inevitable without the plan that’s Thornberry

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AT: Self-determination Bad – 2AC
5. Self-determination is inevitable, prevention causes conflict, Kashmir, Yugoslavia, and others prove
Eric Kolodner, currently doing research at the New York University Law School and Princeton University's Woodrow Wilson School, 1994, “ESSAY: THE FUTURE OF THE RIGHT TO SELF-DETERMINATION,” Connecticut Journal of International Law, Lexis Despite the international community's historical support for selfdetermination, some commentators assert that the international community should now halt the development of this right and refuse to support selfdetermination movements. n28 Such a perspective is misguided for two reasons. First, it ignores the legitimate human rights claims of numerous peoples throughout the world. Second, it will perpetuate domestic and international conflict. While the era of decolonization might have formally ended, many peoples still suffer under neo-colonial oppres-sion. n29 Only if the interna- [*158] tional community supports movements for self-determination can it guarantee the protection of the rights of peoples throughout the world. n30 As Hector Gros Espiell, a U.N. Special Rapporteur on the right to self-determination, concluded: The effective exercise of a people's right to self-determination is an essential condition or prerequisite . . . for the genuine existence of the other human rights and freedoms. Only when self-determination has been achieved can a peo-ple take the measures necessary to ensure human dignity, the full enjoyment of all rights and the political, economic, social and cultural progress of all human beings. . . . n31 The refusal to recognize self-determination movements can also produce severe international ramifications. The current conflict in Kashmir demonstrates how a previous denial of a people's right to selfdetermination can foment the conflicts of the present and ensure the uncertainty of the future. In 1947, Great Britain decided to partition its South Asian colony into two independent countries: Hindu India and Muslim Pakistan. n32 The ruling prince of Kashmir (a northern state in British India) was granted the option of merging with India or Pakistan, or declaring an independent state. n33 This Hindu prince chose independence for his predominantly Muslim kingdom. n34 A Pakistani-sponsored re-volt in Kashmir, however, derailed the prince's plans, and he was forced to ask for Indian military aid in exchange for Kashmir's accession to this new Hindu state. n35 A U.N.-mediated cease-fire divided Kashmir between Pakistan and India, and a U.N. resolution called for a plebiscite in which Kashmiris could opt for union with India or Pakistan. n36 The plebiscite was never held, and India formally annexed Kashmir in 1957. n37 For the past thirty-five years, Kashmir has been a source of conflict between India and Pakistan, with dozens of guerrilla organizations engaged in fighting. n38 The past few years have witnessed intensified vio- [*159] lence with over 3000 deaths in 1990 alone. n39 If the U.N. had permitted the Kashmiris to exercise their right to self-determination through the plebiscite it promised, this current conflict could potentially have been mitigated or even averted. The serious consequences of the international community's refusal to support self-determination movements are also evident in the former Yugoslavia and Somalia. The failure to promptly address self-determination claims in these two territories contributed to the conflict in which they are now embroiled. n40 "A failure to respond more quickly, di-rectly, and comprehensively to self-determination claims in the future will cause more such needless tragedy . . . ulti-mately with profound consequences for U.S. interests and American ideals." n41

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AT: Self-determination Bad
6. Alternative energy is key to tribal economies and thus self-determination – distributed generation proves
Dean B. Suagee, J.D., University of North Carolina, 1976; LL.M., The American University, 1989; Associate, Hobbs, Straus, Dean & Wilder, Wash-ington, D.C, SPRING AND SUMMER, 1992, “SELF-DETERMINATION FOR INDIGENOUS PEOPLES AT THE DAWN OF THE SOLAR AGE,” University of Michigan Journal of Law Reform, Lexis One of the most obvious ways to promote sustainable energy development at the tribal level is to make use of exist-ing federal assistance programs which, at least on paper, encourage energy efficiency and allow the use of solar and other renewable energy technologies. A considerable portion of economic activity in Indian country is associated with construction of homes and other buildings, and tribal governments can direct this construction along soft energy paths. One such example is the Community Development Block Grant program, administered by the Department of Housing and Urban Development (HUD). n335 Another is HUD's Indian [*744] housing program, which expressly allows for energy efficiency and renewable energy systems. n336 Examples of passive solar housing in Indian country remain the exception rather than the norm, however. n337 Tribes could change this by the relatively simple act of adopting perform-ance-based building codes that require both energy efficient housing and passive solar design practices. n338 Tribal land use or environmental regulatory ordinances could require consideration of solar orientation so that even if solar design is not used in initial construction, the cost of retrofit solar applications could be minimized. Tribal leaders can help to make reservation economies more productive and more self-sufficient by conceptualizing homes as places in which economic activities take place, by encouraging homes to be built to allow for such possibilities, and by incorporating attached solar greenhouses or passive solar workshops, studios, or home office spaces. n339 In the dominant American society, working at home is a trend that will save energy by alleviating the need to commute to work. For a variety of reasons, tribal leaders may want to encourage this trend in Indian country. A small number of tribes already operate their own electric utility authorities. n340 Such tribes could adopt regula-tory policies, like those adopted in California pursuant to the Public Utility Regulatory Policy Act (PURPA), n341 which encourage the [*745] development of decentralized sources of power using renewable resources such as wind and so-lar energy. n342 Tribes that regulate electric rates could adopt rate structures, such as time-of-day rates, to encourage en-ergy efficiency and passive solar energy. n343 Tribes that do not operate their own electric utilities or regulate electric power could consider doing so -- in ways that encourage efficiency and the use of small-scale renewable energy sources. Most tribes could investigate sponsoring the development of small power-generating facilities using wind, solar, and other renewable energy technologies. n344 Creative tribal attorneys could devise a variety of ways to finance such projects. For example, if such energy systems are part of the infrastructure for industrial development, they could be financed with tribal revenue bonds. n345 Another option would be to create limited partnerships with off-reservation in-vestors. The "socially responsible" investment movement would be a natural way to broker such investment opportuni-ties. n346 Tribes with revenue streams from bingo and other gaming operations should consider investing a portion of those revenues in sustainable energy development. Tribal leaders need to be aware that the very nature of the electric power industry is changing. Many electric utili-ties have developed innovative energy conservation programs; many others rely on small power-producers for most of their projected need to expand generating capacity. n347 Private companies market energy conservation services and take a share of the savings for their payment. n348 Tribal leaders could help to remake the electric utility industry by develop-ing new models [*746] for providing energy design and financial services to people living and doing business in In-dian country. Tribal colleges also can play leading roles in expediting the transition to the solar age. n349 Some of these roles are fairly obvious, since tribal colleges are the leading institutions of higher education on many reservations. Tribal col-leges strive to meet the needs of the communities that they serve, but they also influence the ways in which Indian peo-ple perceive their needs for higher education in the sense that, if particular fields of study are not offered, people may not even consider such fields as options. If Indian people are to comprise a major part of the workforce in the solar age, they will need to acquire appropriate job skills, and tribal colleges must provide opportunities to acquire these skills. Many state universities offer appropriate degree programs, and tribal colleges could help to make these programs acces-sible to Indian students. Some of the roles that tribal colleges could play are not so obvious. Some Indian educators have suggested that tribal colleges could engage in fee-generating consulting services. n350 There is certainly a need in Indian country for energy design services, and tribal colleges may be well suited to fulfill this need. Many state universities have expertise in energy design, and tribal colleges could serve as a link to help make such expertise available in Indian country. [continues….]

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AT: Self-determination Bad – 2AC
[continued without deletion] Tribal colleges also might devote some attention to issues involved in the transfer of soft-path technologies to the less-developed countries. Although there are important distinctions between communities in Indian country in the United States and communities in rural parts of the LDCs, there are some important parallels, too. By looking at tech-nology transfer in the LDCs, tribal colleges might find ways to expedite technology transfer in Indian country and to transfer technology in ways that are culturally compatible. Tribal colleges could also help to formulate models of tech-nology transfer that could be applied in LDC communities. Interactive software for microcomputers would be an im-portant part of such models. n351 As the multilateral [*747] development banks encounter increasing opposition to megaprojects, they can be expected to direct larger amounts of capital toward soft-path options, and there will be a growing need for successful models of technology transfer. Tribal leaders and educators should try to keep in mind that the homelands of many of the world's indigenous peoples are located in rural areas of LDCs. The people of these com-munities very well might be receptive to technology transfer models that have been developed and tested in Indian communities in the United States. Indigenous communities in the LDCs might be receptive to technical expertise pro-vided by American Indian consultants simply because of their common experience of trying to remain culturally distinct communities. n352 There is, of course, a political dimension to the transfer of soft-path technologies to indigenous communities. Pro-viding communities in indigenous areas with electricity by connecting them to power grids reinforces state authority over indigenous peoples, as does the practice of building transmission lines and oil pipelines through indigenous territo-ries. Providing electricity to indigenous communities through stand-alone systems has the potential to empower indige-nous peoples in a political sense and, because such stand-alone systems can readily incorporate telecommunications, this approach also has the potential to link indigenous communities into the growing global network of indigenous peo-ples. Thus, realizing the soft energy vision could support self-determination for indigenous peoples not only by reliev-ing the pressure on their homelands from exploitative "development," but also by empowering indigenous communities both to make their own decisions about the kinds of development that they want for themselves and to draw on the ex-periences of other indigenous peoples in making those decisions.

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Ext. Internal = Good Model
Self-determination is inevitable only internal self-determination has a chance at a peaceful transition
Michael J. Kelly, .A., J.D., Indiana University; LL.M.- International & Comparative Law, Georgetown University. Mr. Kelly currently serves as Director of Legal Research, Writing & Advocacy at Michigan State University's Detroit College of Law, 1999, “ARTICLE: POLITICAL DOWNSIZING: THE RE-EMERGENCE OF SELF-DETERMINATION, AND THE MOVEMENT TOWARD SMALLER, ETHNICALLY HOMOGENOUS STATES,” Drake Law Review, Lexis In the final analysis, the basic axiom is this: the principle of self- determination undermines the sovereignty of the nation-state in which the principle is invoked. Moreover, when some groups are seen to have asserted the principle and successfully achieved internal or external self-determination, other groups, perhaps with less of a claim to it, will assert the principle themselves. Consequently, the old common-law policy argument against "opening the floodgates" is appli-cable here. However, it may be too late. The world has witnessed such a cascade effect in this decade. Moreover, the principle has re-emerged in a multi-faceted form, making it plausibly applicable to many diverse situations. But widen-ing the definitional umbrella of self-determination like this presents its own dangers: namely, the diminution in value of a workable paradigm and an accompanying decrease in its legitimacy. [*277] Some overly-eloquent political commentators, such as William Safire, have even endorsed the evolution of a new form of selfdetermination for ethnically repressed peoples: After World War I, . . . Wilson had an idealistic notion called "the self- determination of nations": national bounda-ries should be drawn around peoples who have a common language and cultural heritage. A generation later, . . . Chur-chill and Roosevelt made "self-determination" a part of the Atlantic Charter. Sounds great, but it runs counter to every nation's natural impulse to hold itself together. . . . Serbia today wants to hold on to a historic part of its territory called Kosovo. . . . [The Kosovars] want to break away from Serbia's oppressive rule . . . . Not surprisingly, Serbia says no. . . . .... Here is where the age-old power of a nation to put down a rebellion comes up against this generation's power of unacceptable suffering. The Clinton Administration, facing the prospect of television coverage of tens of thousands of freezing [Kosovar] refugees, will ultimately [act militarily]. . . . That's what happened after our "victory" over Saddam Hussein. Only when we saw the televised human tragedy of the Kurdish people, . . . did we create a sanctuary for them in northern Iraq . . ., limiting Iraq's sovereignty in that "no-flight zone." Thus, . . . a new policy is being backed into by the Western world: if enough civilian lives are in danger of starva-tion or massacre, and if intervention by airpower can make a difference and if the U.S. takes the lead then an alliance of nations will reluctantly act to impose a temporary, de facto self-determination. .... Needed now is a new policy of evolutionary self-determination that time can advance or modify. Some leader must formulate and sell a new form of shared sovereignty, a tertium quid to accommodate insurgencies and defuse ethnic conflict not just in Kosovo, but in other lands where there can be no clear winner from Iraq to East Timor and the West Bank. History awaits that newly practical and more sophisticated Wilson . . . . n396 Nonetheless, self-determination, whatever its form, continues to threaten nation-state sovereignty, though perhaps not to the extent that the nation-state will cease to exist on the international stage as the primary mover and shaker. [*278] There is too much self-interest yet for that to occur; and like all things when their survival is threatened, the nation-state will react to insure its continued relevance. By not denying the right to self-determination, but instead em-phasizing internal self-determination, through aspects of federalism and devolution, over external secessionist self-determination, nation-states would be wise to take such action. Perhaps it will work. Nevertheless, the challenge shows no sign of dissipating on its own accord.

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Ext. Internal = Good Model - Key to Peace
Only internal self-determination prevents the inevitable conflict over selfdetermination
Eric Kolodner, currently doing research at the New York University Law School and Princeton University's Woodrow Wilson School, 1994, “ESSAY: THE FUTURE OF THE RIGHT TO SELF-DETERMINATION,” Connecticut Journal of International Law, Lexis Self-determination has recently assumed a salience within the international arena: the dissolution of the Soviet Un-ion; the bloody conflict in former Yugoslavia; the attempted secession of Quebec from Canada; the apparent settlement between Eritrea and Ethiopia; the partition of Czechoslovakia; and the continued warfare in Sri Lanka have all implic-itly or explicitly raised questions of self-determination. n1 That is, in each of these cases, communities have demanded a change in their international identities and greater control over their everyday social, economic, and political lives. Since the end of World War I, the international community has actively emphasized principles of self-determination. "Perhaps no contemporary norm of international law has been so vigorously promoted or widely ac-cepted as the right of all peoples to selfdetermination." n2 Despite historical, legal, and political support for self-determination movements, however, some observers have recently argued that present global conditions dictate a re-striction on such movements. Citing the importance of regional alliances, they worry that current and future movements for self-determination portend lengthy and violent conflicts which threaten to embroil all nations, weaken international cooperation, and undermine recent democratic developments. n3 Such commentators assert that as the era [*154] of decolonization comes to a close and an apparently new era of democracy surfaces, the doctrine of self-determination should either be relegated to historical "dustbins" or severely limited in scope. n4 This paper argues that such views derive from an unjustifiably limited conception of self-determination and a short-sighted perspective on geo-political realities. Rather than abandoning self-determination principles, the interna-tional community must readjust its conception of selfdetermination to address the changing needs of a post-Cold War world. Part II briefly discusses the history and development of self-determination. Part III then describes its "external" and "internal" aspects, and addresses the future of the right to self-determination. It argues that the international com-munity can simultaneously promote human rights and world stability only if it cautiously supports movements for ex-ternal selfdetermination and actively encourages movements for internal self-determination.

Support for internal self determination is key to global stability
Eric Kolodner, currently doing research at the New York University Law School and Princeton University's Woodrow Wilson School, 1994, “ESSAY: THE FUTURE OF THE RIGHT TO SELF-DETERMINATION,” Connecticut Journal of International Law, Lexis
Recently, however, some commentators have suggested that the international community should begin to resist movements for selfdetermination. This perspective derives from a misguided conception of self-determination and a short-sighted view on geo-political realities. Contrary to the assumption of these observers, self-determination is not coterminous with secession, and therefore, self-

determination movements do not inherently produce international insta-bility. In fact, since efforts to limit the selfdetermination movements of today often foment the conflict of tomorrow, recognizing legitimate claims for self-determination might ensure world stability. Rather than abandoning this important right, the international community must readjust its conception of self-determination to address the changing needs of the post-Cold War world. It should emphasize the internal aspects of this right, which in many respects comport with principles of democratic governance that have recently assumed a primacy throughout the world. Additionally, by the international community sup- [*167] porting movements for internal self-determination, it can potentially avoid the disruption that often accompanies movements for external self-determination. Because some peoples still suffer under neo-colonial oppression, however, the international community should not categorically reject movements for external self-determination. Only when principles of internal self-determination can-not satisfy the legitimate needs of an aggrieved people, should the international community support this people's right to external self-determination. It should attach stringent conditions upon the legitimate
exercise of this right, however. Only by limiting movements for external self-determination and recognizing legitimate movements for internal self-determination, can the international community simultaneously foster human rights, support democracy, and maintain world peace and stability.

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Ext. Internal = Good Model - Key to Palestine
Internal self-determination is a key model for peace between Israel and Palestine
Eric Kolodner, currently doing research at the New York University Law School and Princeton University's Woodrow Wilson School, 1994, “ESSAY: THE FUTURE OF THE RIGHT TO SELF-DETERMINATION,” Connecticut Journal of International Law, Lexis
Over the past two decades, the Israeli government's conduct in the Occupied Territories and its treatment of Palestinian inhabitants has constituted the most salient example of the denial of a people's right to selfdetermination. n62 Until very recently, the Israeli government ensured that [*164] the Palestinians did not exercise control over the political institutions in the Occupied Territories and that they were not free to appoint accountable representatives. The Israeli Civil Administration, with substantial support from the Israeli military, exercised effective authority over the Occupied Territories. n63 Palestinians were denied involvement in the Civil Administration and did not enjoy voting rights. n64

In September 1993, however, the Israeli-Palestinian situation began to improve with the signing of the "Declara-tion of Principles" between Prime Minister Rabin and PLO Chairman Arafat. Although this document retained Israeli control over external security matters, it guaranteed that the Israeli government would gradually honor the Palestinians' internal right to self-determination. n65 This "Declaration of Principles" called for the Palestinians to assume a limited form of self-government in the Gaza Strip and the West Bank city of Jericho and stipulated the election of a Palestinian council that would eventually extend this autonomy to the rest of the
Occupied West Bank. n66 Specifically, this agree-ment envisioned Palestinian authority over governmental functions such as the police, civil administration, health, edu-cation, welfare services, and taxes. n67 Unfortunately, however, the transition to Palestinian self-rule has not proceeded as smoothly as originally planned. Elections have been postponed, and the Israeli government asserts that it does not want to transfer more authority until it is assured that the Palestinians can successfully implement the powers that they have already been given. n68 Thus, the Palestinians must wait further to exercise their internal right to self-determination. While the Israeli treatment of Palestinians has attracted more international attention, the Chinese government since its 1959 invasion of Tibet has similarly implemented a broad array of policies that violate the Tibetans' right to internal self-determination by preventing them from exercising control over their economic, social, and cultural lives. n69 Vari- [*165] ous U.N. instruments have underscored the importance of economic elements within the internal right to self-determination. n70 As the Declaration on the Right to Development asserted, "the human right to development also im-plies the full realization of peoples to self-determination which includes . . . the exercise of their inalienable right to full sovereignty over all their natural wealth and resources." n71 The international community has additionally emphasized the social and cultural components of the right to self-determination. These aspects of internal self-determination entitle a people to maintain its collective and cultural identity in the realms of education, language, religion, marriage, clothes, and social traditions. n72 Chinese policies prevent the Tibetans from exercising any control over their economic, social, and cultural lives. Tibet's vast natural resources are being exploited not in the interests of its inhabitants, but rather in the interests of the Chinese state. n73 "The imported Chinese workers and government cadres have imposed development schemes to appro-priate Tibet's natural resources for the benefit of China proper, leaving Tibetans economically . . . impoverished." n74 Chinese educational policies in Tibet deemphasize the use of the Tibetan language and minimize the importance of Ti-betan culture and history within the educational curriculum. n75 Additionally, Chinese policies are rendering the Tibetan language obsolete, and "Tibetans are becoming illiterate in their own language while being forced to read and write in Chinese in order to get a good job or pass school . . . entrance examinations." n76 Finally, the Chinese government con-trols the Tibetans' religious lives by limiting the number of monks allowed to enter monasteries, strictly regulating the activities of religious figures, and canceling religious festivals. n77 In sum, the process by which the Palestinians' right to self-determi- [*166] nation is being vindicated should form the framework for future negotiations between aggrieved peoples and illegitimate occupying forces. That is, while the Palestinians might have legitimate legal recourse to external self-determination, the exercise of their internal right to self-determination is at least an important first step. Democratic governance can constitute a realistic compromise be-tween an aggrieved people's demand for an independent state and a government's unfettered oppression of that people. The international community should now apply the principles and structures of the recent Israeli-Palestinian rap-prochement to other situations in which a people is being denied control over the political, social, economic, and cul-tural conditions under which they live, such as the Tibetans in Occupied Tibet. Established principles regarding

internal self-determination should inform the international community's attempt to usher in an era of global democracy and codify the emerging right to democratic governance.

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Ext. Internal = Good Model - Key to Tibet
Internal self-determination is key to peace between China and Tibet
Eric Kolodner, currently doing research at the New York University Law School and Princeton University's Woodrow Wilson School, 1994, “ESSAY: THE FUTURE OF THE RIGHT TO SELF-DETERMINATION,” Connecticut Journal of International Law, Lexis While the Israeli treatment of Palestinians has attracted more international attention, the Chinese government since its 1959 invasion of Tibet has similarly implemented a broad array of policies that violate the Tibetans' right to internal self-determination by preventing them from exercising control over their economic, social, and cultural lives. n69 Vari- [*165] ous U.N. instruments have underscored the importance of economic elements within the internal right to self-determination. n70 As the Declaration on the Right to Development asserted, "the human right to development also im-plies the full realization of peoples to self-determination which includes . . . the exercise of their inalienable right to full sovereignty over all their natural wealth and resources." n71 The international community has additionally emphasized the social and cultural components of the right to self-determination. These aspects of internal self-determination entitle a people to maintain its collective and cultural identity in the realms of education, language, religion, marriage, clothes, and social traditions. n72 Chinese policies prevent the Tibetans from exercising any control over their economic, social, and cultural lives. Tibet's vast natural resources are being exploited not in the interests of its inhabitants, but rather in the interests of the Chinese state. n73 "The imported Chinese workers and government cadres have imposed development schemes to appro-priate Tibet's natural resources for the benefit of China proper, leaving Tibetans economically . . . impoverished." n74 Chinese educational policies in Tibet deemphasize the use of the Tibetan language and minimize the importance of Ti-betan culture and history within the educational curriculum. n75 Additionally, Chinese policies are rendering the Tibetan language obsolete, and "Tibetans are becoming illiterate in their own language while being forced to read and write in Chinese in order to get a good job or pass school . . . entrance examinations." n76 Finally, the Chinese government con-trols the Tibetans' religious lives by limiting the number of monks allowed to enter monasteries, strictly regulating the activities of religious figures, and canceling religious festivals. n77 In sum, the process by which the Palestinians' right to self-determi- [*166] nation is being vindicated should form the framework for future negotiations between aggrieved peoples and illegitimate occupying forces. That is, while the Palestinians might have legitimate legal recourse to external self-determination, the exercise of their internal right to self-determination is at least an important first step. Democratic governance can constitute a realistic compromise be-tween an aggrieved people's demand for an independent state and a government's unfettered oppression of that people. The international community should now apply the principles and structures of the recent Israeli-Palestinian rap-prochement to other situations in which a people is being denied control over the political, social, economic, and cul-tural conditions under which they live, such as the Tibetans in Occupied Tibet. Established principles regarding internal self-determination should inform the international community's attempt to usher in an era of global democracy and codify the emerging right to democratic governance.

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Internal > External
Internal self-determination is better than external avoids the conflict their scenarios talk about
Eric Kolodner, currently doing research at the New York University Law School and Princeton University's Woodrow Wilson School, 1994, “ESSAY: THE FUTURE OF THE RIGHT TO SELF-DETERMINATION,” Connecticut Journal of International Law, Lexis During the era of decolonization, the international community justifiably focused upon external self-determination to promote human rights and ensure international stability. In order to achieve these two aims in the post-Cold War environment, however, the international community must shift its attention to the internal aspects of this right. The right to internal self-determination entitles a people "to choose its political allegiance, to influence the political order under which it lives, and to preserve its cultural, ethnic, historical or territorial identity." n57 Unlike a people's de-mand for a change in its international identity, these aspirations and objectives can usually be achieved within the con-fines of existing boundaries. By ensuring that a people can effectively participate in the decision-making process which affects its political, economic, social, and cultural existence, the international community can intervene in a dispute before it becomes so serious that a people demands an independent state. The international community, therefore, should attempt to resolve conflicts under principles of internal self-determination before supporting a people's right to external self-determination with its potentially disruptive conse-quences. Although this strategy has not been explicitly enunciated in the international arena, it is derived from princi-ples found within the Declaration on Friendly Relations. This document implies that a people's claim to external self-determination is less legitimate when it is living under a system of democratic governance, i.e., when it can effectively exercise its right to internal self-determination. n58

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Ext. Internal > External
Internal self-determination prevents violent external self-determination and economic sustainability is key
Michael J. Kelly, .A., J.D., Indiana University; LL.M.- International & Comparative Law, Georgetown University. Mr. Kelly currently serves as Director of Legal Research, Writing & Advocacy at Michigan State University's Detroit College of Law, 1999, “ARTICLE: POLITICAL DOWNSIZING: THE RE-EMERGENCE OF SELF-DETERMINATION, AND THE MOVEMENT TOWARD SMALLER, ETHNICALLY HOMOGENOUS STATES,” Drake Law Review, Lexis A recent case study of the un-recognized but self-styled independent Republic of Nagorno-Karabakh has been made on this point. n385 There, without any viable economy, the only thing holding the Armenian people together for the past couple of years in this 1700 square mile enclave, wholly surrounded by the nation-state of Azerbaijan in the central Caucuses, is their shared ethnicity. And this war-torn would-be state is failing fast. n386 Although the Karabakhi liken themselves to the successful ethnically homogenous state of Israel, the analogy is inaccurate because the Jewish people built the State of Israel with clear emphasis on economic and democratic ideas, not just ethnicity. n387 However, beyond the question of viability for smaller, ethnically homogenous states, the question of larger, nation-state viability arises in the context of its continued survival as a political organizing structure. Indeed, cartography com-panies have been made to revise and issue new maps n388 to include new states [*275] several times in this decade. Short of nation-state break-up into independent units, causes for the undeniable erosion of state sovereignty are many, and accusing fingers can be pointed in several directions at once. From increasing economic interdependence, n389 to the rise of regional trading regimes with supra- national decisionmaking capabilities, to the expanding "globalization of the marketplace," n390 to the need to address ominous global environmental problems from a global perspective, n391 the pressures driving "upward devolvement" of state power to supra-national bodies are gaining impetus. Simultaneously, pressures driving "downward devolvement" of state power to sub-state entities, such as provinces, regions, states, or minority groups, cause these units to continue to assert their self-deterministic agendas and make further demands on state sovereignty. These two trends are taking their toll on the power of the nation-state: While states remain the primary actors in world affairs, they also are suffering losses in sovereignty, functions, and power. International institutions now assert the right to judge and to constrain what states do in their own territory. In some cases, most notably in Europe, international institutions have assumed important functions previously performed by states, and powerful international bureaucracies have been created which operate directly on individual citizens. Globally there has been a trend for state governments to lose power also through devolution to sub- state, regional, pro-vincial, and local political entities. In many states, . . . regional movements exist promoting substantial autonomy or secession . . . . All these developments have led many to see the end of the hard, "billiard ball" [nation- ]state, . . . and the emergence of a varied, complex, multi-layered international order more closely resembling that of medieval times. n392 Ironically, devolution, and other internal self-deterministic moves like increased federalism, could be the salva-tion of the nation-state. Acquiescing to [*276] internal self-determination provides the recognition, sovereignty, and identity that homogenous groups crave without breaking apart the country so those groups can achieve independence in what might prove to be unviable nation-states of their own. "All over the developed world, devolution is a fact of life. In the dictum of Daniel Bell, an American sociologist, 'the nation-state has now become too small for the big problems of life and too big for the small problems.'" n393 So, utilizing internal self-determination to avoid external self-determination is a path to continued viability for the multiethnic nation-state today.

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Ext. Internal > External
Internal self-determination is key – focus on an internal model is better than trying for external self-determination
Dean B. Suagee, J.D., University of North Carolina, 1976; LL.M., The American University, 1989; Associate, Hobbs, Straus, Dean & Wilder, Wash-ington, D.C, SPRING AND SUMMER, 1992, “SELF-DETERMINATION FOR INDIGENOUS PEOPLES AT THE DAWN OF THE SOLAR AGE,” University of Michigan Journal of Law Reform, Lexis In the controversy over the right to self-determination, many observers, both those representing states and those representing indigenous peoples, have framed the right as all or nothing, one which indigenous peoples either have or do not have. n81 Under this view, if indigenous peoples do have the right to self-determination, it implies that they have an absolute right to choose political independence and to be recognized by the international community as an independ-ent state. As could be guessed, existing states oppose indigenous peoples having such a right and have argued that in-digenous peoples are not "peoples" as the term is used in the International Human Rights Covenants. n82 Characterizing the right to self-determination in such an absolute way may be counterproductive because doing so gets in the way of fashioning real-world arrangements to ensure the survival of indigenous peoples. Most indigenous peoples do not seek recognition as independent states, n83 but rather seek to establish relationships with states that will provide autonomy within their traditional territories. n84 Professor Hannum stresses that self-determination has both an external aspect, the right to choose to be recognized as an independent state, and an internal aspect, the right of autono-mous self-government; he suggests that internal self-determination is much more important for ensuring that indige-nous peoples have control over their own lives and the survival of their cultures. n85 Many indigenous peoples need pro-tection against private persons (individuals and corporations) who intrude into their territories and against attempts by subnational levels of government to [*693] assert jurisdiction within their territories. n86 Many, perhaps most, indige-nous peoples would forswear freely any claims to external sovereignty in exchange for enforceable promises that states would provide protection against such threats (although indigenous peoples will be wary of such promises until there are enforcement mechanisms under international law). As Professor Anaya says, "The absolutist view of self-determination moreover, misses the principle's essential thrust, which is not fundamentally about exercising a one-shot choice for some degree of 'sovereignty' but, rather, is about securing for individuals and groups a political order that promotes a perpetual condition of freedom." n87 In other words, in its quest for external self-determination, the absolut-ist view neglects internal self-determination. Moreover, given that the draft declaration has been prepared for adoption by the United Nations, which is a collec-tive body of states, a right to internal self-determination may be as much as indigenous peoples realistically should expect. The Chairperson/Rapporteur of the Working Group has indicated as much, stating that the principle of self-determination has been used in the draft declaration "in its internal character, that is short of any implications which might encourage the formation of independent states." n88 Nevertheless, if indigenous peoples are to have real freedom in determining their relationships with states and in exercising autonomous selfgovernment, there must be some possi-bility of international intervention in instances where states deprive indigenous peoples of their human rights, including the right to internal self-determination. n89 That is, in some cases, true autonomy may not be attainable without external self-determination as well. States such as the United States and Canada, which consider themselves leaders in the in-ternational human rights movement, rather than focusing their diplomatic attention on denying [*694] indigenous peo-ples the right of external self-determination under any circumstances, n90 instead should begin to focus on ensuring genuine internal selfdetermination for indigenous peoples within their jurisdictions, defining the kinds of circum-stances in which external selfdetermination may be warranted, and fashioning the processes through which the inter-national community may intervene to make self-determination for indigenous peoples a reality.

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Environmental Policy Key
Environmental policy key to internal self-determination and it has to be the federal government
Dean B. Suagee, J.D., University of North Carolina, 1976; LL.M., The American University, 1989; Associate, Hobbs, Straus, Dean & Wilder, Wash-ington, D.C, SPRING AND SUMMER, 1992, “SELF-DETERMINATION FOR INDIGENOUS PEOPLES AT THE DAWN OF THE SOLAR AGE,” University of Michigan Journal of Law Reform, Lexis [*703] "Self-determination" for Indian peoples means something different under the domestic law of the United States than it does under international law because the Indian Self-Determination Act lacks the external component which is implicit in the concept of self-determination under international law. n132 Nevertheless, the Act does help to provide the financial means through which tribal governments exercise a substantial measure of autonomy or internal self-government. n133 If selfdetermination for indigenous peoples includes the right to make decisions about the use of natural resources within indigenous territories, then the Indian Self-Determination Act has helped tribes in the United States to exercise this right. n134 For example, the Indian Self-Determination Act has helped tribal governments to ac-quire adequate personnel for their staffs, which enables tribes to control the leasing of tribal lands for agricultural pur-poses or mineral extraction more effectively. n135 Moreover, the Indian Self-Determination Act has helped to empower Indian tribes in the national political arena. For example, a recent United States Supreme Court decision n136 created a law enforcement void in Indian country by holding that tribes lack criminal jurisdiction over nonmember Indians (that is, Indians who are not members of the tribe on whose reservation a crime is alleged to have been committed). n137 Tribal officials took the lead in making the case to Congress for legislation reversing the Supreme Court and reinstating tribal jurisdiction. n138 The existence of tribal police departments [*704] and court systems, most of which rely on selfdetermination contracts for a substantial part of their operating budgets, was one factor in the congressional decision to reinstate tribal jurisdiction. n139 Federal policies toward Indian tribes during the "self-determination" era have not been limited to acts of Congress that are specifically directed towards Indians. Rather, a new federalism has emerged in which many federal agencies administer programs in ways that recognize the separate sovereign status of tribal governments. n140 In one area in par-ticular -- environmental protection -- recent changes in federal law provide a model for indigenous autonomy that is promising for indigenous peoples throughout the world. 1. Environmental Protection in Indian Country -- Federal environmental law in the United States has evolved as a partnership between the federal government and the states. Federal statutes provide an overall framework, but state governments assume much of the responsibility for establishing regulatory programs, setting standards, issuing permits, and taking enforcement action. In the last decade, several major federal environmental laws have been amended to au-thorize the Environmental Protection Agency (EPA) to treat Indian tribes as states for certain purposes. These laws include the Safe Drinking Water Act (SDWA), n141 the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA, also known as Superfund), n142 the Clean Water Act (CWA), n143 and the Clean Air Act (CAA). n144 The implementation of these amendments will require long-term commitments on the part of both the EPA and those tribes that choose to be treated as states. n145 [*705] The policy to treat Indian tribes as states under these laws is premised on the principle of inherent tribal sovereignty. As the EPA has explained in regulations implementing the amendments to the Clean Water Act, the fed-eral statute does not constitute a delegation of authority from Congress to the tribes. n146 Rather, tribes must have their own authority to carry out environmental regulatory programs. In light of the fact that many Indian reservations include substantial areas of non-trust lands, the EPA specifically addressed the issue of whether tribes have the authority to regulate water quality on non-trust lands within reservation boundaries as an aspect of inherent sovereignty. The EPA concluded that tribes generally do have such authority. n147 Tribal governments' efforts to regulate non-Indians within reservation boundaries often encounter resistance. n148 Nevertheless, federal courts have upheld such efforts in cases in which important tribal interests are at stake. n149 In the environmental protection context, the federal statutes and implementing regulations have set the stage for tribal author-ity to continue to withstand challenge. n150

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At: Casinos Solve
Casinos aren’t enough – even the strongest supporters of casinos acknowledge the more is necessary, but casinos do prove economic self-sufficiency is a good model
Jeffrey R Gudzune, Bachelor's Degree in World History from West Virginia Wesleyan College and a Master's Degree in American History from West Virginia University, 4/20/07, “Indian Gaming: Economic Self-Determination,” Suite101, http://nativeamericanfirstnationshistory.suite101.com/article.cfm/indian_gaming This decision has allowed over 150 tribes to gain economic self-sufficiency and has generated nearly $19 billion—money which has been placed into social reforms, historic preservation efforts, and scholarship programs. Not only have Indian casinos provided economic stimulus for those nations involved, they have also provided jobs to non-Indians and thus revitalized the economies of the surrounding communities. While some degree of controversy still remains over the establishment Indian casinos, and there existence is by no means a cure-all for the ills of economic stagnation, there is no doubt that the concept has lead to a cultural revival and a reaffirmation of Native American self-determination.

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AT – Wind Economically Risky

Wind power is a wise economic and low risk option Singh, BBC Research and Consulting, 01
(Virinder,” THE WORK THAT GOES INTO RENEWABLE ENERGY” Renewable Energy Policy Project, No. 13, November 2001, http://www.repp.org/articles/static/1/binaries/LABOR_FINAL_REV.pdf, accessed 7-6-8) Third, energy technology and market trends have made renewables such as wind an economic choice for utilities and others concerned about volatile electricity costs. At 4.5 cents per kilowatt-hour, wind power is now competitive with new natural gas and coal plants in areas such as the Northwest, where Bonneville Power Administration and PacifiCorp Power Marketing are installing over 1,000 MW of new wind farms. Beyond a narrow cost comparison, fuel-free renewables offer significant risk reduction value, especially when compared to natural gas power plants subject to wild price fluctuations, and even to hydropower that is dependent on unpredictable rain and snow patterns

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AT – Native American Wind Not Feasible
Setting up framework for effective commercial sale of energy and green tags is feasible - The Rosebud turbine project proves Hall, National Congress of American Indians President of the, 04
(Tex, US Department of Energy, “Wind and Hydropower Technologies Program - Wind Powering America Native American Interview” 3-1-2004, http://www.eere.energy.gov/windandhydro/windpoweringamerica/filter_detail.asp?itemid=678&print, 7-2-08) The Rosebud Sioux Tribe's single 750-MW wind turbine project demonstrates that an Indian tribe can develop the capacity to plan, build, own, and operate a utility-scale wind project. It demonstrates the potential of becoming a self-sustaining source of electricity to meet Tribal loads at their casino and hotel. They have also broken the trail for commercial sale of Tribal green power to our federal treaty partners, the U.S. Government, by interconnecting through their local distribution system into the federal transmission grid (operated by WAPA) to supply renewable energy to the Ellsworth Air Force Base. The federal government is the largest consumer of energy in the world, making it a tremendous market. The federal grid system that was built to transmit renewable hydropower from the dams like the one that has flooded our reservation at Ft. Berthold links all the reservations across the Plains. Indian tribes could become a major supplier of green power to federal facilities and other markets around the country. Rosebud has also demonstrated some novel methods for financing a tribally owned wind project through negotiating the first federal rural utilities service (RUS) loan for a Tribal renewable project and by participating in the upfront sale to NativeEnergy of the green tags to be generated over the life of the project separately from the sale of the energy. These are financing models for development that allow Tribes to own our projects and not merely lease our resources.

Wind Powering America effectively builds Tribal capacity – there is a model in place Hall, National Congress of American Indians President of the, 04
(Tex, US Department of Energy, “Wind and Hydropower Technologies Program - Wind Powering America Native American Interview” 3-1-2004, http://www.eere.energy.gov/windandhydro/windpoweringamerica/filter_detail.asp?itemid=678&print, 7-2-08) The Wind Powering America has done an excellent job of bringing program information to Native Americans throughout the country, to Indian Tribes and to Native Alaskans and Hawaiians. With limited funding compared to those available for state programs, the WPA Native American Initiative has helped build Tribal capacity through the anemometer loan program and through the WEATS program, to which our Tribe has sent several representatives for training in wind energy applications.

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AT – Not Enough Wind for Market
Localized wind farms have excess capacity – Ft. Berthold proves Hall, National Congress of American Indians President of the, 04
(Tex, US Department of Energy, “Wind and Hydropower Technologies Program - Wind Powering America Native American Interview” 3-1-2004, http://www.eere.energy.gov/windandhydro/windpoweringamerica/filter_detail.asp?itemid=678&print, 7-2-08) We have an unbelievable wind resource at Ft. Berthold. According to the wind potential resource maps produced by the National Renewable Energy Laboratory in Colorado, we have many thousands of times more power in the wind than the amount of energy we use on the reservation. Although we would never develop all of this resource, just a small fraction could become a foundation for sustainable economic development on the reservation, powering Tribal projects such as our planned gas refinery and for sale and export over the regional transmission grid. Our Tribe has received an initial grant from DOE to develop a single turbine to provide power for our casino and hotel at Newtown, ND. We completed all the studies and broke ground late last year. We are currently completing final negotiations with regard to interconnection to meet Tribal load and perhaps sell off occasional surplus power for those times when the wind produces more energy that we can use directly. We are also engaged in a second round of feasibility studies that examine the wind development potential at other sites on the reservation. Our Tribe is a member of Intertribal COUP, and one of our Tribal members, Terry Fredericks, serves as its vice president. We are participating in the COUP environmental justice community revitalization demonstration project, which lays the road map for collaborative Tribal wind energy development. Ft. Berthold will site an initial 10-MW project as part of an 80-MW distributed generation intertribal project. A collaborative 80-MW project could attain an economy of scale that would make a local 10-MW project affordable. A 10-MW project at Ft. Berthold would, along with our WAPA hydropower allocation, help to meet most of our Tribal energy requirements. We could use this power directly at our planned refinery, providing even more local jobs and economic opportunities, and it would otherwise be absorbed in the local distribution system. This project would connect us to the grid for potential export and expansion. Wind, combined with some of our future gas production, could allow Ft. Berthold to provide power directly to the grid.

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AT – Location Integration Issues
Numerous wind generating areas are conveniently located Worldwatch Institute of American Progress, 2006
(American Energy: The Renewable Path to Energy Security, p. 27). Wind resources in the United States are far more plentiful than in Europe. The U.S. wind resource is well distributed across the country, with the most abundant winds in the Great Plains, a region that has been described as a potential “Persian Gulf” of wind power. And the Department of Energy estimates that the offshore wind resource within 5–50 nautical miles of the U.S. coastline could support about 900,000 MW of wind generating capacity—an amount approaching total current U.S. electric capacity. Although much of this resource will likely remain undeveloped because of environmental concerns and competing uses, the nation’s offshore wind energy potential is enormous, and much of it lies near major urban load centers.

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AT – Cost

Wind power is the least expensive source of new electricity Worldwatch Institute of American Progress, 2006
(American Energy: The Renewable Path to Energy Security, p. 26). Additional advances, from lighter and more flexible blades to sophisticated computer controls, variable speed operation, and direct-drive generators, have driven costs down to the point where wind farms on good sites can generate electricity for 3–5 cents per kilowatt-hour. These advances, together with sharp increases in natural gas prices, have made wind power the least expensive source of new electricity in many regions.

Wind energy is an abundant alternate energy and is cost competitive Worldwatch Institute of American Progress, 2006
(American Energy: The Renewable Path to Energy Security, p. 26). The wind that sweeps across America is one of the country’s most abundant energy resources. About one-fourth of the total land area of the United States has winds powerful enough to generate electricity as cheaply as natural gas or coal at today’s prices. According to government-sponsored studies, the wind resources of Kansas, North Dakota, and Texas alone are in principle sufficient to provide all the electricity the nation currently uses.

Roberts, Journalist/Economics and Technology Expert/Writer, 2004
(Paul, The End of Oil: On the edge of perilous world, p. 198-199). Wind technology also offers far more flexibility than conventional power sources. Wind is the essence of modular energy production: a wind turbine will function just as well by itself as in a cluster or farm, and that factor gives utilities an amazing degree of flexibility. Whereas a gas-fired power plant must have a generating capacity of at least a hundred mega-watts to be economical—and coal-fired plants a thousand megawatts—wind farms can be built on nearly any scale—from a single-turbine wind farm in Kiel, Germany, to the world’s largest wind farm—the huge State-line project. Again, this modular capacity is ideal for a decentralized energy economy: one can easily picture wind towers in a backyard, on the rooftop of a skyscraper; some people have suggested building them on old oil rigs, to exploit forceful offshore winds. Similarly, when a coal- or gas- fired or a nuclear power plant requires a massive up-front commitment of anywhere from four hundred million to two billion dollars (and, in the case of coal and nuclear, can take seven to ten years to license and build), wind power can be brought on quickly and incrementally, as a market conditions warrant. “You can get turbines delivered in less than a year,” says Chris Flavin, an expert on alternative energy sources at the World Watch Institute, a Washington-based environmental think tank. “It’s more like ordering a refrigerator than a power plant.” A wind farm planned initially for 300 megawatts could be scaled back to 150 or scaled up to 450 megawatts, depending on regional demand, and with fewer financial penalties for the utility.

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AT- Small Dams
Small dams also ruin the environment
Martin Turner & Brian O’Connell, financial analsyts, The Whole World’s Watching: Decarbonizing the Economy and Saving the World. 2001, p. 89 The environmentalists did have a brief fling with the mini-hydro. These were small dams meant to produce 5-25 MW of power, which is just enough power to bake a few loaves of bread. Of course, they ignored the fact that a dam is a dam, and, just like a small drug problem is still a drug problem, even a small dam messes up the environment. Small hydro is not efficient, construction costs are too high to recoup expenses, and the technical expertise required to run a small hydro project outweighs the value of the power ir produces.

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AT- Doesn’t Spillover
species loss spillovers over to ecosystems and total biodiversity.
Habiba Gitay et al., Climate Change 2001: Workin Group II: Impacts, Mitigation and Adaptation, Chapter 5: Ecosystems and Their Goods and Services, www.grida.no/climate/ipcc_tar/wg2/pdf/TARchap5.pdf, p. 277-278] Other valuable services are provided by species that contribute to ecosystem health and productivity. Reductions in or losses of species can lead to reduced local biodiversity and changes in the structure and function of affected ecosystems (National Research Council, 1999). The most well-known example of this kind of effect comes from marine systems, where the presence or absence of a starfish species has been found to greatly influence the species composition of intertidal habitats (Paine, 1974). Species in terrestrial systems also can have a strong influence on the biodiversity of their ecosystems; in many cases these effects are related to their functions as pollinators or seed dispersers.

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AT- Resilient
Loss of biodiveristy destroying the resilience of ecosystems.
Lee Breckenridge, Professor of Law, Northeastern University School of Law. Journal of Land Use and Environmental Law. Spring 2005. “Can Fish Own Water: Envisioning Non-Human Property in Ecosystems.” Lexis On the other hand, the very processes that allow people to efficiently exploit resources and isolate themselves from environmental change have produced rigidities and close dependencies that undermine ecological renewal. n40 Tightly controlled social and economic stability comes at the expense of the more creative but far-ranging fluctuations and evolutionary patterns of ecological resilience. n41 Monocultural agriculture, as a classic example, eliminates biological diversity while maximizing predictable yields of food for people over the short term. Such agricultural systems are closely managed by people to eliminate uncertainty and inefficiency. But they are also vulnerable to dramatic "surprises" from pests or depleted soils, resulting in sudden shifts to sharply degraded conditions - an entirely different ecological equilibrium. The "engineering resilience" that characterizes much of the socio-ecological interactions of the modern human economy does not produce long-term "ecosystem resilience." n42 The loss of biological diversity and the consequential lack of capacity for invention, evolutionary exploration and creative reorganization mean that the very ecosystems on which people depend become less adaptive, flexible, and resilient over the long-term.

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AT- Fish Ladders and Transport
Fish ladders and transportation fail
Sidney Borowitz, Professor of physics emeritus at NYU. 1999 Farewell Fossil Fuels. p.158 One of the most serious effects in the United States has been the virtual destruction of the natural salmon industry due to the dams in the Columbia River drainage system. Salmon have to migrate upstream in order to spawn, but the turbines and dams on the river are obstacles. Fish ladders built to permit the salmon to go over the dams have not been very successful. Nor has it been successful to transport the salmon around the dams

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AT – Turbine Manufacturing Emits CO2
Emit less than construction of coal and nuclear plants and cleaner in the long run Wind reduces emissions and doesn’t harm the environment
Zaidi 2007 [Kamaal, J.D. Candidate, University of Tulsa, 11 Alb. L. Envtl. Outlook 198, ARTICLE: WIND ENERGY AND ITS IMPACT ON FUTURE ENVIRONMENTAL POLICY PLANNING: POWERING RENEWABLE ENERGY IN CANADA AND ABROAD, lexis] Wind energy is regarded as "green" technology because it produces no air pollutants or greenhouse gases, and thus has little impact on the environment. n47 Therefore, wind energy neither uses any source of fuel, nor produces toxic or radioactive waste. n48 Wind farms have had some impact on specific bird and [*208] bat populations. n49 However, as long as an appropriate site is located, the capture of wind energy also poses little threat to damaging surrounding ecosystems, including wildlife and fauna and flora. n50 Wind farming is popular among farmers because they
can still grow crops and graze livestock on their land with little interference from wind turbines. n51 Using wind energy instead of conventional fossil fuels to power approximately 200 homes would leave around 900,000 kilograms of coal in the ground and reduce annual greenhouse emissions by 2,000 tonnes. n52 In the context of global environmental reforms like the Kyoto Protocol (The Protocol), harnessing renewable forms of energy such as wind becomes a crucial step in meeting broad objectives of sustainable resource development. n53 The Protocol was a global agreement ratified in 1997 by developed nations, in response to the increasing demands of renewable energy use and high rates of industrialized pollution. n54 The Protocol curbs greenhouse gas emissions worldwide, and contributes to global climate change. [*209] While Canada signed the Protocol, other industrialized countries, including many traditional energy producers, were skeptical of the threat posed by global warming. n55 Indeed, commentators debate the costs and benefits of the Protocol, and whether there is a dramatic shift in climate change. n56 Despite this, searching for renewable energy sources is a high priority for nations striving to change their methods of extracting and using natural resources, while achieving economic self-sufficiency and price controls on soaring energy costs. n57

Turbine manufacturing generates minimal amount of greenhouse gases U.S. Department of Energy, 08
(“20% Wind Energy by 2030: Increasing Wind Energy’s Contribution to U.S. Electric Supply”, http://www.nrel.gov/docs/fy08osti/42864.pdf, Accessed 7/11/08) In addition, manufacturing wind turbines and building wind plants generate only minimal amounts of CO2 emissions. One university study that examined the issue (White and Kulsinski, 1998) found that when these emissions are analyzed on a lifecycle basis, wind energy’s CO2 emissions are extremely low—about 1% of those from coal, or 2% of those from natural gas per unit of electricity generated. In other words, using wind instead of coal reduces CO2 emissions by 99%; using wind instead of gas reduces CO2 emissions by 98%.

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AT - Wind Climate DA
1. NU- Butterflies and leaves are already changing wind patterns 2. It’s just a theory and has not been proven 3. Climate effects of wind power are negligible
David W. Keith, Departments of Chemical and Petroleum Engineering and Economics, University of Calgary, 11 November 2004<"Wind Power and Climate Change" http://www.ucalgary.ca/~keith/WindAndClimateNote.html> Will climate change due to wind turbines be noticeable in the face of other climate changes caused by humans? Our results suggest that on a global scale the answer to this question is no. Unless the use of wind power grows so large that it supplies roughly as much power as the entire current global electric power system, the large-scale climatic effects of wind power will likely be negligible. It is plausible, however, that significant local climate change could occur in areas where wind farms are concentrated even if wind supplies a small fraction of global electricity demand.

4. The chaos theory also suggest that skyscraper would cause worse of a shift in wind patterns that wind turbines 5. Climate change caused by wind power offsets global warming
David W. Keith, Departments of Chemical and Petroleum Engineering and Economics, University of Calgary, 11 November 2004<"Wind Power and Climate Change" http://www.ucalgary.ca/~keith/WindAndClimateNote.html> What will be the impact of climate changes caused by use of wind-power? Wind-power may alter local or global climate, but the resulting climate change will not be like global warming caused by carbon dioxide emissions. The climate changes caused by wind power may not be harmful. Indeed, our initial results suggest that the (very small) climate changes due to wind-power may slightly reduce the much larger impacts of climate changes due to global warming. It is possible that wind-power provides a double benefit both by reducing global warming and by creating additional climate changes that slightly reduce the impacts of that warming. Additional research is needed to understand the impact of the climate changes that might arise from wind-power.

6. Climate changes by fossil fuels are far worse than wind power
David W. Keith, Departments of Chemical and Petroleum Engineering and Economics, University of Calgary, 11 November 2004<"Wind Power and Climate Change" http://www.ucalgary.ca/~keith/WindAndClimateNote.html> While it is important to consider the environmental impacts of wind-power and other large-scale energy technologies, we must keep our eye on the ball. Our existing energy system based on such as coal, oil and gas has enormous environmental impacts. Carbon dioxide emissions from use of these fuels will cause large-scale climatic change within a single human lifetime. We should act now to reduce our emissions of carbon dioxide; and we should to protect the people and ecosystems most vulnerable to the inevitable climatic change to which our historical emissions of greenhouse gases have already committed us.

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AT -Wind Climate DA
Wind energy does not disrupt weather patterns Simon, Assistant Professor of Political Science at the University of Nevada, 2007
(Christopher A., Alternative energy: political, economic, and social feasibility, page 49). There has been some discussion of the possibility of climatological impacts of wind generation systems. Nonmainstream scientists and other concerned individuals speculate that large-scale systems—such as those found in northern California —may change the regional weather. At this point, mainstream scientists find little credence in the argument that weather patterns will be altered by wind farms. Climatologists point out that the impact of the use of fossil fuels and the gravitational influences of the moon on the Earth are more readily detectable than any possible impact of “wind farms,” although it is conceivable that large-scale wind generation facilities could minutely slow the wind in the region.

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AT – Wind Birds DA
New turbines key to solve bird deaths San Jose Business Journal 05
3/3/5. http://www.bizjournals.com/sanjose/stories/2005/02/28/daily38.html.

A study published by the California Energy Commission in 2004 supports replacing the older wind turbines prevalent in the Altamont area with modern wind turbine technology less dangerous to birds, the owners' group says. The process of replacing older wind turbines with modern ones, known as "repowering," is considered the principle long term solution to reducing avian mortality in the Altamont.

Wind power is not the prime killer of birds; new technology has reduced bird strikes Worldwatch Institute of American Progress, 2006
(American Energy: The Renewable Path to Energy Security, p. 27). As with all energy technologies, there are environmental costs associated with wind power, which have generated opposition from local residents concerned about the rapid proliferation of new projects in many parts of the country. The greatest controversy has arisen from the fact that wind turbines in some locations have killed significant numbers of birds and bats. Yet housecats, vehicles, cell phone towers, buildings, and habitat loss pose far greater hazards to birds, and progress has been made in reducing bird strikes through technological changes, such as slower rotating speeds, and careful project siting.

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AT – Wind Kills bats
wind power doesn’t kill many bats AWEA 8
American Wind Energy Association. Accessed 6/25/8. http://www.awea.org/faq/wwt_environment.html.

Bat collisions at wind plants generally tend to be low in number and to involve common species which are quite numerous. Human disturbance of hibernating bats in caves is a far greater threat to species of concern. Still, a
surprisingly high number of bat kills at a new wind plant in West Virginia in the fall of 2003 has raised concerns, and research at that plant and another in Pennsylvania in 2004 suggests that the problem may be a regional one. The wind industry has joined with the U.S. Fish and Wildlife Service, the U.S. Department of Energy’s National Renewable Energy Laboratory, and Bat Conservation International to form the Bats and Wind Energy Cooperative (BWEC), which funded the 2004 research program and is continuing to explore ways to avoid or reduce bat kills.

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AT Wind = Unstable
Wind energy can be stored
Mary Hrovat, free-lance writer and editor. holds a bachelor's degree from Indiana University in astrophysics and has completed course work in the School of Library and Information Science., Indiana University Research & Creative Activity January 1998 Volume XX Number 3< “Energy from wind turbines” http://www.indiana.edu/~rcapub/v20n3/p11.html> Storing wind energy is an important issue. The wind is not a constant source, so must be integrated into the base supplies from coal, oil, gas, and nuclear power. The owners of the wind power generators usually sell their electricity to a power company, which feeds it directly into the power grid for use by everyone connected to that grid. At present the power companies avoid the problem of storage by using wind-generated electricity as it is produced, allowing them to use less electricity generated from other sources. Brabson says that electricity generated by solar or wind energy can be stored conventionally using batteries or by using the electricity to split water into its constituent oxygen and hydrogen. In this electrolysis process, the hydrogen will be stored and later used to feed fuel cells or burned for heating. This effectively converts the generated electricity into stored hydrogen.

Storage of renewable energy solves unreliability
Richard Baxter, Energy Technology Group, Ardour Capital Investments, 2006 “Energy Storage: A Nontechnical Guide” One of the greatest challenges facing the electric power industry worldwide is how to harness the immense renewable energy resources and deliver them in a useable form as a higher-value product. By storing the power produced from renewable sources off-peak and releasing it during on-peak periods, energy storage can transform this low-value, unscheduled power into schedulable, high-value 'green' products. Developing these resources will not only lessen environmental impacts but also increase each country's domestic energy security (lowering payments for imported energy

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Advice and Strategy - CPs
AT Consult Natives: There are three main arguments here. The first is that binding consultation is dumb would take forever if it every occurred, thus a perm that has consultation that isn’t binding solves most of the net benefit and is the only way to make the plan happen, solvency is the net benefit. The second is that a perm do the cp is not severance. This is true for a number of reasons, one is that the plan doesn’t force them to do anything and functions as a consultation. Another is that “engagement” already occurs as part of normal means and consultation binding doesn’t mean anything different than consultation. The third argument is that problems with the federal actors and enforcers that the negative doesn’t solve for makes attempts at consultation problematic in a way that teaches helplessness. This “learned helplessness” turns the self determination or sovereignty advantage if they use “consultation.” If you win any of these you should be able to beat the cp. AT: States CP: It should not be difficult to establish a solvency deficit big enough to outweigh the net benefit, but putting any offense or defense you can on the net benefit would help. The fourth argument- impossible counterplan – is interesting because it can be used as both a theory argument and a solvency take out. AT: PIC of Permanence: There are some decent turns to an economic net benefits, decent solvency takeouts, and a biz con disad. The bizcon has a terrible link, but it is a disad to the counterplan and is worth reading if you want more offense. AT: Full sovereignty counterplan, give independent state. This counterplan clearly doesn’t solve for the environmental policy modeling. Additionally, this type of secessionist self determination is exactly what our advantage prevents. Thus instead of solving for self determination, they trigger the nuclear war immediately. The California impact is kind of shady and might require some set up in cross examination, but is an extra piece of offense. AT: Small Businesses: They don’t solve any of the emission, competitiveness, etc advantage, and you should be able to win a solvency deficit if not a takeout on the self determination advantage.

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AT: Consult Natives

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AT: Consult Natives – 2AC
1. Perm, do the plan and the counterplan, but make it non binding. This is plan plus counter plan and is neither severance nor intrinsic. We still defend the plan, and the addition comes only from the counterplan. 2. The counterplan would take forever to solve, if it every will. Over 500 tribes would have to be talked to and come to an agreement. There are 562 extremely diverse tribes. Ben, C ; and Coty, J 2005 Aug 15 “California Tribal Nations Technical Water Research” Lawrence Livermore National Laboratory
(LLNL), Livermore, CA http://www.osti.gov/energycitations/product.biblio.jsp?osti_id=878597 Federally recognized Native American tribes have a unique government-togovernment relationship with the United States (U.S.) government, in contrast to other sectors researched for the workshop. Within the U.S., the number of federally recognized tribes currently stands at 562 and, in addition to this large number of tribes, much diversity across these tribes exists. For the purposes of this preliminary research and report, it was necessary to confine the analysis to a smaller geographic area, yet still represent the diversity of tribes and context within which tribal water issues arise. The state of California provides this opportunity. California has 106 federally recognized tribes. California is diverse in its geography, environment, demographics, and economic bases; California tribes demonstrate similar diversity. Additionally, no central repository of national or state tribal water issues exists and information must be aggregated, in general, tribe by tribe. This presents research challenges and, for this report, these were overcome by developing a method to essentially “sub-sample” the 106 federally recognized tribes in the state, while making every effort to maintain a sub-sample that broadly represents all of the 106 tribes.

And they frequently don’t agree. The Advisory Council on Historic Preservation. August 22, 2005. “Consulting with Indian Tribes in the Section 106
Review Process.” http://www.achp.gov/regs-tribes.html The Federal agency is obligated to consult with each of the Indian tribes and may have to approach the consultation with flexibility. It is often the case that all consulting parties do not agree. Federal agencies should approach all such consultation with an open mind, carefully weighing the views of all parties in concluding the Section 106 review process.

3. Perm, do the Counterplan. This is not severance for two reasons. A. Our plan is an incentive, something that Indian tribes can choose to ignore or disagree with. B. The government already engages Indian tribes to the maximum extent possible NAWIG (Native American Wind Interest Group Quarterly Newsletter), Summer 2005, “Energy Policy Act of 2005 Contains Indian
Energy Provisions”, http://www.nrel.gov/docs/fy06osti/37485.pdf Implementation responsibilities are split between the U.S. Depart-ment of the Interior (DOI) and DOE. Section 504 requires the DOI and DOE Secretaries to consult with Indian tribes to the maximum extent practical. Under Title V, DOI responsibilities include establishing an Indian energy resource development program; provid- ing development grants for developing or obtaining managerial and technical capacity to develop energy resources and properly account for energy production and revenues; providing grants to implement projects; providing low-interest loans to promote energy resource development; and providing grants to establish a national resource center to develop Tribal capacity.

C. The counterplan is not textually competitive
Textual competition is the best standard for debate because otherwise counterplans can compete off of assumed background conditions – allows for sunset/delay cps, 5-4, 9-0 counterplans etc. 39

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AT: Consult Natives 2AC
4. Consultation is an unclear term; use of it in the plan hurts Federal-Tribal relations, teaches helplessness, and turns their solvency of our sovereignty advantage. Derek C. Haskew, Managing Attorney, DNA-People's Legal Services, Inc., Halchita, Navajo Nation. For their guidance and
editorial assistance, “FEDERAL CONSULTATION WITH INDIAN TRIBES: THE FOUNDATION OF ENLIGHTENED POLICY DECISIONS, OR ANOTHER BADGE OF SHAME?,” 2K American Indian Law Review American Indian Law Review, 1999 / 2000, Lexis. An apparent split between the Eighth and Ninth Circuits is indicative of the unsettled state of this area of federal Indian law. The split is over how the BIA's internal policy guidelines on tribal consultation should be enforced, a disagreement that logically extends to all similar internal policy guidelines. n16 In the Eighth Circuit, the BIA argued that its policies were binding but not applicable to the case, and the court found they were both binding and applicable. n17 By contrast, in a remarkably similar Ninth Circuit case, the court found the same unpublished policies nonbinding, and distinguished the Eighth Circuit case by the fact that the BIA had there made the concession that the policies were binding, whereas in the Ninth Circuit the BIA did not so concede. n18 The fact that the vague term "consultation" is used to indicate two distinct types of requirement--one enforceable, the other not--is elusive. Nowhere is that distinction laid out except implicitly (and, as illustrated, the federal appellate courts have not resolved the issue between themselves). Interested parties are unlikely to have a comprehensive under-standing of the source of the authority and of the legal weight of the various federal policies, regulations, internal management documents, case law and statutes wherein the consultation requirements are found (assuming to begin with that such a reader-or an Indian law practitioner, for that matter--had the savvy to know how and where to access the relevant documents). Because there are no differences in the term's common usage, there are also no clues to prompt such a search for the precise meaning of the term unless one is prompted to do so by the details of a legal battle. In the mean-time, everyday usage is apt to confuse the two referents. The fact that "consultation" has entered into the terminology of federal-tribal government relationships means that confusions will likely continue. As a result, consultation requirements ultimately will damage federal-tribal relations. n19 Tribes know that consultations can be beneficial, as they may be [*28] the sole means of official communication between a tribe and an agency whose actions may impinge on tribal interests. However, to the extent that an agency is legally able to ignore its own "internal management" policies--which is to say, to the extent that the policies or rules do not create legally enforceable rights--a federal agency's poor behavior may reduce the tribes' willingness to work with the agency, whether the consultations are "enforceable" or not. C. Damaging Results, by Any Meaning The problem with confused and confusing meanings is dwarfed by the larger problem with consultations, which is the fact they are merely procedural by nature. If tribal suggestions and requests are disregarded, discounted, misunderstood or ignored when they are solicited, federal-tribal interactions are apt to be viewed ever more suspiciously by tribes. This is a familiar phenomenon, perhaps especially to tribal authorities. Like the parable of the boy who cried wolf, the government that clamors for "consultation" without providing substantive influence on the decisions is likely to soon be viewed with greater and greater indignation, and then ignored. n20 The wolf-crying metaphor works on both levels of the problem, with reference to the confusion over the meaning, and with reference to the results of the consultation effort. Worse, tribes may develop a "learned helplessness" response, after years of being taught that whatever they say, the only thing worth spending energy on is learning to cope with the imposition of unacceptable alternatives. n21 The federal agency may in turn interpret the resulting tribal non-responsiveness as intransigence, or hostility (appropriately), and may in the end make decisions in reaction to those interpretations instead of in reaction to tribal suggestions (inappropriately). Obviously any combination of these possible results is likely to further damage the interests of the tribe. So this remains the ever-present criticism of consultation: even in instances where there is a statutory duty to consult, there is no duty to be bound by the suggestions of the consultees, and therefore consultations are ultimately worth-less. However accurate that conclusion may be, the specific failures of consultations require more careful attention.

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AT: Consult Natives 2AC
5. Consultation is a joke and means the plan will be manipulated to hurt Native Americans Derek C. Haskew, Managing Attorney, DNA-People's Legal Services, Inc., Halchita, Navajo Nation. For their guidance and
editorial assistance, “FEDERAL CONSULTATION WITH INDIAN TRIBES: THE FOUNDATION OF ENLIGHTENED POLICY DECISIONS, OR ANOTHER BADGE OF SHAME?,” 2K American Indian Law Review American Indian Law Review, 1999 / 2000, Lexis. Consultations may be used by federal bureaucracies to hinder progress by their very existence. One long-time tribal official reported to a Senate committee: We may have reached a point at which the Bureau [of Indian Affairs] has discovered that its best defense is the very thing it has for so long feared--tribal consultation. The Bureau is now able to use the apparent conflicts among the views of different tribes as an irrefutable reason for inaction. n213 [*60] Another observer reported to the same committee, "the Bureau of Indian Affairs has no consistent philosophy regarding the obligation of consultation and the provision of information to Indian tribes and people." n214 An especially notable complaint comes from a tribe involved in an ongoing effort to establish a reservation in the Death Valley area of California. The Timbisha-Shoshone tribe claims that several hundred thousand acres in and around what is now Death Valley National Monument constituted their aboriginal homelands, but since 1933 the tribe has been relegated to a forty-acre plot in lieu of a permanent reservation. n215 In 1994, the California Desert Protection Act in-cluded a provision that instructed the Secretary of the Interior to identify "lands suitable for a reservation," with specific instruction that the Secretary work "in consultation with the Tribe." n216 In a press release, Acting Tribal Chairperson and tribal elder Pauline Esteves made these comments about the consultations that resulted: It was one long eleven-month "charade." Those pasty-faced bureaucrats knew from the beginning that they would not restore ancestral lands to us. They sat there through presentation after presentation by the Tribe, fooling us into believing that there could be a sincere dialogue between the federal government and its constituents. We spent over a hundred thousand dollars, hiring the best anthropologists, histori-ans, lawyers and economic consultants, gathering data, establishing the "suitability" of segments of our traditional homelands proposed to be taken into trust. We made countless proposals. We got nothing of substance back, no effort on their part to even meet us part way. Instead of dialogue and a respectful ex-change of ideas, we were stonewalled. Instead of a commitment to right an old wrong, to fulfill the government's trust responsibility to this nation's first people, this Democratic Administration has used its enormous power to clobber us. n217 While the scope of these problems is debatable, the frustrations could not be more clear. Further, the charges lev-eled against the BIA can be read in the context of the agency's widely known reputation for exemplifying the worst stereotypes of bureaucratic inertia. Given what has already been noted about the uncertain nature of consultation re-quirements, it is not surprising to find evidence that they may be twisted to fit the uses of government bureaucrats. [*61] There is, however, testimony to the effect that these problems are avoidable: "Early consultation with the public and affected States and Tribes . . . can help save money by identifying important issues and avoiding unnecessary or insufficient analyses. We anticipate cost savings from these initiatives of at least $ 9.0 million over the next five years." n218 Consultations may lead to enlightened policy choices, but perhaps this result occurs only when consultations are overseen by those already aware of--and interested in pursuing--their most laudatory exercise. The fate of Indian interests should not pivot on the random chance that consultations will be overseen by enlightened civil servants.

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At: Consult CP – 2AC
6. Consult counterplans are illegitimate – a. they are plan plus and steal the entirety of aff ground by adding an extra condition or action to the plan b. Conditional fiat – we don’t know whether the neg will defend “yes” or “no” which reduces our ability to generate offense which justifies severance perms c. Timeframe fiat – the counterplan implements the plan later than the affirmative which allows them to spike out of disad links by delaying – makes timeframe perms reciprocal d. Infinite regression – the negative could consult any country they wanted e. Voting issue for fairness, predictability and ground

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1ar Perm and Feuding Tribes (1+2)
2AC 1 Perm, we do the plan and consult non-bindingly, this is neither intrinsic nor severance. 2AC 2, there are nearly 600 tribes that have different ideas that’s <the advisory council > and <Ben and Coty>. This puts them in a double bind, either binding consultation would take decades and might never pass, or all the Tribes are not consulted on the final plan and thus their opinions are not on the final plan and the counterplan has no net benifit. There are 562 tribes. DEPARTMENT OF THE INTERIOR, Bureau of Indian Affairs. Federal Register: July 12, 2002 (Volume 67, Number 134)
“Federally Recognized Indian Tribes. Notice is hereby given of the current list of 562 tribal entities recognized and eligible for funding and services from the Bureau of Indian Affairs by virtue of their status as Indian tribes. This notice is published pursuant to Section 104 of the Act of November 2, 1994 (Pub. L. 103-454; 108 Stat. 4791, 4792).

And some tribes disagree and feud for long periods of time. DAVID M. HERSZENHORN Published: June 25, 2002 Two Feuding Indian Tribes Are Recognized, but as One
http://query.nytimes.com/gst/fullpage.html?res=9F0DE7DB163EF936A15755C0A9649C8B63 But in a twist, the bureau recognized the two Connecticut groups, which have long feuded with each other, as a single entity -- ''the historical Eastern Pequot Tribe, of the Lantern Hill Reservation, North Stonington, Connecticut.'' This decision means that the two groups will have to reach an agreement to govern themselves as one.

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1AR Ext. Consultation = Implausible
Consultation fails - Consultation with every tribe is impossible so there are lobbies and organizations but they are distracted by their own agenda and coopt any hope of action
Nell Jessup Newton, Academic professor of law at Washington College of Law, 1993, “Let a Thousand Policy-Flowers Bloom: Making Indian Policy in the Twenty-First Century,” Arkansas Law Review, LexisNexis Efficiency, not evil, is the engine that has driven recent congressional efforts to simplify the process of soliciting tribal input into policysetting. With 300 to 500 tribes, depending on who's counting and why, dealing with all tribes separately is simply not feasible. Assuming that many tribes share similar problems, Congress has often legislated for all Indian tribes in general terms. What every legislator and bureaucrat wants, of course, is one Indian to telephone to get the definitive answer to the much asked question: what do Indians want? Although there have been contenders for this position, this magical Indian informant does not exist. Moreover, tribes do not react toward policy monolithically: some may favor while others oppose pending legislation. n21 Recently, especially in the last ten years, Congress has taken active steps to encourage tribal input by various mechanisms. Individual com [*31] mittee members have met with tribal representatives from their own districts as well as from other areas of the country. The committees invite tribal representatives to testify at hearings either in person or by written testimony. In addition, the Indian committees have begun to circulate draft bills to a mailing list of Indian tribes seeking their input. Criticisms and suggestions have then been incorporated into the bills introduced. Lobbyists hired by individual tribes and national tribal organizations have also played an active role in suggesting legislation and commenting on proposals. n22 Some of the tribal organizations may have been formed by the tribes them-selves, like the National Congress of American Indians (NCAI) or by tribes with similar needs, such as the Congress of Energy Resources Tribes (CERT) or the Northwest Indian Fishing Commission. Other organizations may be formed to represent common interests of certain classes of Indian people, such as the Association of American Indian Physicians or the National Indian Education Association. These organizations have some claim to speak for their tribal and individual members. Others may be advocacy organizations formed to work with Indian tribes, often with boards of directors comprised of Indian people, such as the Native American Rights Fund, the Indian Law Resource Center, or the National Indian Health Board. These organizations may represent their clients' viewpoints to policymakers or they may voice the organizations' own opinions of proposed Indian policy. Because of their activities on behalf of Indian interests, their reputations, and the merits of their points of view, the legislative branch may give great weight to their positions on various matters. Nevertheless, none of these organizations, with the possi [*32] ble exception of the NCAI, n23 can claim to speak for all Indian tribes. Lobbyists, of course, can only represent their own client's points of view. National organizations are usually governed by boards of directors who meet infrequently for short periods of time during which they must decide many questions about the organization, including which legislation to support. As in the corporate world or with universities, officers of the organization who are full-time employees of the organization can and do manipulate their boards. However well-intentioned these opinion makers may be regarding Indian affairs, they inevitably must advance their own agenda as well. Special interest organizations that claim to speak for all Indian educators or all Indian physicians may represent the opinions of the organization's own staff more than its members. Officers of national organizations and lobbyists, for example, are not going to advocate legislative positions that will make their own efforts unnec-essary. Conversely, the temptation to advocate or even introduce legislation that will ensure their own futures may be irresistible. Nevertheless, these lobbyists and national organizations have a great deal of influence in Washington because of their presence on the scene, familiarity with the congressional staffs, and ability to work the system. As is the case in many areas of policy, the opinion shapers in Washington often have more immediate influence than the people who may be directly affected by legislation. But in Indian policy, the number of Indian tribes and the difficulty in ex-changing in meaningful dialog with each of them has increased the influence of these national organizations.

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1ar Perm- do Counterplan Extensions (#3)
2AC 3 - perm, do the counterplan. They read a counterplan that was exactly the same as the plan for three reasons. First the plan is an incentive, meaning that tribes can either accept or refuse, much like they would in consultation. Second, normal means is that the federal government will engage Native American tribes as much as possible when creating policies that’s <Nawig 05>. Third, the counterplan text encompasses the entirety of the affirmative plan. This puts them in a double bind, either the cp is the same as the plan or the cp doesn’t solve case. Therefore presumption is aff. Presumption is key to clash, competitive equity, ground, fairness and education.

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1ar Extension - Teaches Helplessness
2AC 4, the term consultation to the plan destroys the Tribal-Federal Government relationship, that’s <Haskew>. Means they can’t solve for our sovereignty advantage. And, Haskew says consultation teaches the tribes helplessness, turning the counterplan’s sovereignty advantage. Consultation destroys the federal-tribal relationship, which is necessary for self-determination Federal Consultation with Indian Tribes, Derek C. Haskew. 2000 American Indian Law Review. 24 Am. Indian L. Rev. 21. Lexis.
The fact that the vague term "consultation" is used to indicate two distinct types of requirement--one enforceable, the other not--is elusive. Nowhere is that distinction laid out except implicitly (and, as illustrated, the federal appellate courts have not resolved the issue between themselves). Interested parties are unlikely to have a comprehensive understanding of the source of the authority and of the legal weight of the various federal policies, regulations, internal management documents, case law and statutes wherein the consultation requirements are found (assuming to begin with that such a reader--or an Indian law practitioner, for that matter--had the savvy to know how and where to access the relevant documents). Because there are no differences in the term's common usage, there are also no clues to prompt such a search for the precise meaning of the term unless one is prompted to do so by the details of a legal battle. In the meantime, everyday usage is apt to confuse the two referents. The fact that "consultation" has entered into the terminology of federal-tribal government relationships means that confusions will likely continue. As a result, consultation requirements ultimately will damage federal-tribal relations. n19 Tribes know that consultations can be beneficial, as they may be [*28] the sole means of official communication between a tribe and an agency whose actions may impinge on tribal interests. However, to the extent that an agency is legally able to ignore its own "internal management" policies--which is to say, to the extent that the policies or rules do not create legally enforceable rights--a federal agency's poor behavior may reduce the tribes' willingness to work with the agency, whether the consultations are "enforceable" or not.

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Consultation Hurts Relations
Any consultation destroys the federal-tribal relations. Federal Consultation with Indian Tribes, Derek C. Haskew. 2000 American Indian Law Review. 24 Am. Indian L. Rev. 21. Lexis
The problem with confused and confusing meanings is dwarfed by the larger problem with consultations, which is the fact they are merely procedural by nature. If tribal suggestions and requests are disregarded, discounted, misunderstood or ignored when they are solicited, federal-tribal interactions are apt to be viewed ever more suspiciously by tribes. This is a familiar phenomenon, perhaps especially to tribal authorities. Like the parable of the boy who cried wolf, the government that clamors for "consultation" without providing substantive influence on the decisions is likely to soon be viewed with greater and greater indignation, and then ignored. n20 The wolf-crying metaphor works on both levels of the problem, with reference to the confusion over the meaning, and with reference to the results of the consultation effort. Worse, tribes may develop a "learned helplessness" response, after years of being taught that whatever they say, the only thing worth spending energy on is learning to cope with the imposition of unacceptable alternatives. n21 The federal agency may in turn interpret the resulting tribal nonresponsiveness as intransigence, or hostility (appropriately), and may in the end make decisions in reaction to those interpretations instead of in reaction to tribal suggestions (inappropriately). Obviously any combination of these possible results is likely to further damage the interests of the tribe.

Consultation is the federal government’s way of paying lip service to the needs of Natives Derek C. Haskew, Managing Attorney, DNA-People's Legal Services, Inc., Halchita, Navajo Nation. For their guidance and
editorial assistance, “FEDERAL CONSULTATION WITH INDIAN TRIBES: THE FOUNDATION OF ENLIGHTENED POLICY DECISIONS, OR ANOTHER BADGE OF SHAME?,” 2K American Indian Law Review American Indian Law Review, 1999 / 2000, Lexis. Given the problems outlined here, and given the ever-present fact that consultation rights where they do exist ulti-mately create no substantive duty on the part of the agency, it is difficult to avoid the conclusion that "consultation" is the latest federal codeword for lip service. But the evidence suggests that they amount to something worse. By mimicking substantive participation, consultations have the disquieting effect of masking larger problems with the manner in which the United States government deals with Indian nations. Consultation requirements bookmark places where federal decision-making infringes on Indian trust assets, and at present that infringement occurs with inadequate hearing or review. Consultations undermine, demean and displace a thorough commitment to the federal trust responsibility, which itself is an archaic and inadequate protection for Indian interests. [*74] Consultations subject Indian interests to conflicts of interest within federal agencies, workaday political logrolling, and may be the source of bureaucratic inertia. Unsurprisingly, perhaps, the evidence suggests that few con-sultation policies have been formulated in consultation with Indians. For all these drawbacks, the big payoff that con-sultations provide is the meager opportunity for Native Americans to express their opinions and desires--with no guar-antee that their input will be fully considered or even respected.

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Consultation Fails
Consultation fails – government asks loaded questions and don’t meet with a sufficient number of tribes, ultimately essentializes Natives
Nell Jessup Newton, Academic professor of law at Washington College of Law, 1993, “Let a Thousand Policy-Flowers Bloom: Making Indian Policy in the Twenty-First Century,” Arkansas Law Review, LexisNexis Tribes have long insisted that Congress has an obligation to seek ways to include them in the policymaking proc-ess. The drafters of the Report assert that a major goal of the Institute would be to "assist Indian tribes in dealing more effectively, on a government-togovernment basis, with the many different federal agencies carrying out Indian pro-grams." n116 Since the Report itself and testimony before the Senate Select Committee claimed that "tribal support for a Policy Center was uniform," n117 it seems appropriate both to assess the Institute's methodology in garnering this sup-port, the Institute's [*60] articulation of its own vision of the role of elected tribal leaders in policy formation, and the Senate's response in the bill drafted to create the Center. These sources reveal defects in methods of consultation and a generalization of the considerable tribal support for assistance in research and tribally responsive policy setting into a general enthusiasm for the Center despite serious concerns raised by tribes that a national center would supplant tribes' governmental functions or become a new power source beyond tribal control. The Report notes that its conclusions were based on over forty meetings with tribal leaders throughout the country. n118 Although this consultation process is commendable, it would be helpful to know what mechanisms were used to en-sure participation by elected tribal leaders, in particular, whether some of the $ 2 million appropriated by Congress was used to ensure that every tribe could send someone to at least one of the meetings. If, for example, meetings were sim-ply announced with the assumption that tribes would send someone at tribal expense, the legitimacy of labeling the re-sulting input either uniform or representative would be open to question. For all that the Report reveals, the same basic group of tribal leaders could have attended all of the meetings. n119 The questionnaire methodology used by the planners raises even more serious concerns. The Planning Office sent a questionnaire to forty tribes, of which only eighteen responded. No indication is given why the particular tribes' opin-ions were sought. The Center staff also reported informal telephone contact with twenty-two national and regional or-ganizations. n120 Given the large number of tribes in the United States, the questionnaire can hardly be cited as the au-thoritative voice of the tribes. Moreover, the questionnaire only contained four questions and those seemed loaded in favor of the Center. Instead of asking whether Congress should create any [*61] kind of center, whether regional or national the questions assumed the existence of a Center, by asking, for example: "How should the National Indian Policy Center be organized in order to assist your tribe in its policy research analysis and responsibilities?" and "Is there a need by your tribe to develop resources and/or an internal capacity that would enable you to be more effective in exer-cising a policy of government-to-government relationship?" n121 It is not surprising, then that the planners reported generally supportive responses by tribes, especially regarding the data-gathering and communication functions.

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AT: States Counterplan

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AT: States CP – 2AC
1. Perm do both – states would shield the link because there would be no one to blame 2. Federal action is key to encouraging the development of wind energy, prefer our specific evidence.
Tex Hall, president of the National Congress of American Indians. U.S. Department of Energy - Energy Efficiency and Renewable Energy. Wind and Hydropower Technologies Program - Wind Powering America. Native American Interview. 3/1/2004. http://www.eere.energy.gov/windandhydro/windpoweringamerica/filter_detail.asp?itemid=678&print Q. What can the U.S. government do to assist in the development of wind resources on Tribal lands? A. A number of national energy policy issues could support native renewable energy development, particularly wind energy development. Tribes need to have equal access to the federal renewable energy incentives. In the Great Plains, we are running into a variety of overriding policy issues, as well as local nuts-and-bolts concerns in the practical application of wind development on Tribal lands. As a member of Intertribal Council on Utility Policy (COUP), we have proposed several specific policy directions and actions by the executive and legislative branches that will do a great deal to assist Tribes in the development of wind energy. I will address these issues in three areas, which are equally important: First, it is essential to continue funding the U.S. Department of Energy (DOE) grants program for renewable energy projects because they provide funding for planning, feasibility, and development of real projects. The DOE and the Wind Powering America program have initiated a meaningful outreach to Tribes through the Native American Wind Interest Groups and technical assistance partnerships. This is a great model that demonstrates the trust responsibility of the U.S. Government to the Tribal Nations. Second, Congress must authorize the Tribal eligibility for the Production Tax Credit (PTC) that drives all wind projects in this country. Tribes are now penalized in that they cannot attract the private investor to develop partnerships for projects on Tribal lands. Indians are the only people with a "trust relationship" with the federal government. Our treaties require the federal government to assist us in developing our reservation economies. But all renewable energy incentives go to tax-paying developers via the PTC or to states or subdivisions of state through the Renewable Energy Production Incentive (REPI). Indians are the only group excluded from any of the federal renewable energy incentives, yet we are the only ones with a legal obligation — our treaties — for federal assistance! Currently, because Tribes are not taxed entities (a status we secured from the United States in return for our giving them most of this continent), any developer that teams up with a Tribe in a joint venture for wind development is penalized by only being able to use a portion of the available PTCs, which are apportioned under federal law by the percentage of ownership in the production facility. So if a tribe has any ownership in a project on Tribal lands, our partner must forego any incentives represented by our ownership. The PTC is the main driver for wind development in this country, but this federal incentive policy steers investment capital away from Indian lands.

3. Perm do the plan and the counterplan except for <pick a state there’s a da to>
<insert chosen states da>

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AT: States CP – 2AC
4. Solvency takeout, the USFG is the critical actor to promote economic independence and self-determination
Donald D. Stull, applied cultural anthropologist, former editor-in-chief of Human Organization, former president of the Society for Applied Anthropology, Mar. 1990, “Reservation Economic Development in the Era of Self-Determination”, American Anthropologist, New
Series, Vol. 92, No. 1, pg. 209-210, http://www.jstor.org/stable/681403?seq=4 The publication, 62 years ago, of the Meriam Report (1928) inspired radical reform in Indian affairs. A similar exhaustive

examination of Indian communities as they exist today, combined with radical yet realistic suggestions for change in how the federal government conducts Indian affairs, is desperately needed. If such a study is undertaken, it must be accompanied by a concerted effort to ensure that its recommendations are implemented. But even with these steps, were they to be taken, would not be enough. To quote from the Presidential Commission on Indian Reservation Economies: “Without sound reservation economies the concept of self-government has little meaning. In the past, despite, or perhaps because of its good intentions, the federal government has been one of the major obstacles to Indian economic progress. The President ahs committed his administration to removing impediments to Indian economic development and to encouraging cooperative efforts among tribes, federal, state and local governments, and the private sector toward developing reservation economies. [194:3]” But Reagan’s “commitment” did little to remove “impediments to Indian economic development.” In fact, it did much to reverse the steps that many tribes took toward economic development in the 1970s. Encouraging words are not enough. The president and Congress must fill the cup of self-determination with more than words; they must fill it instead with sustained federal aid administered in a well-reasoned manner. Only a substantial financial commitment to a concerted long-term effort offers Indian communities any hope for attaining true political and economic self-determination.

5. A nation’s practice to recognize the right to internal self-determination is the only means by which international law can be created
Helen Quane, Lecturer in Law, University of Wales, Swansea, United Kingdom, 2005 “The Rights of Indigenous Peoples and the Development Process” The Johns Hopkins University Press Human Rights Quarterly 27.2 (2005) 652-682. Under current international instruments, distinct ethnic, linguistic, or religious groups within states do not appear to have a legal right to external or internal self-determination. An examination of the wording, context, drafting history, and subsequent practice of the relevant provisions of the UN Charter, the ICCPR, the International Covenant on Economic, Social and Cultural Rights (ICESCR), and General Assembly Resolution 2625 (XXV) tends to support this view.37 This view might seem over cautious, especially when one considers recent events in Central and Eastern Europe. It is also at [End Page 660] odds with a growing body of opinion in the academic literature that suggests that groups within states have a right to internal, and possibly external, self-determination. Arguably, this cautious approach can be defended, especially if one examines the literature in light of the relevant state practice. The importance of state practice cannot be underestimated, even in this age of globalization, because it remains the only means by which new rules of customary international law can be created.

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AT: States CP – 2AC
6. The counterplan is illegal and impossible. This is both a solvency deficit and abusive. If the negative can fiat illegal action by an actor, than it is impossible for the affirmative to prepare and destroys clash and fairness. Only the federal government can do the policy because of the Indian Commerce Clause. Dubois '06 (Leslie R., "COMMENT: CURIOSITY AND CARBON: EXAMINING THE FUTURE OF CARBON
SEQUESTRATION AND THE ACCOMPANYING JURISDICTIONAL ISSUES AS OUTLINED IN THE INDIAN ENERGY TITLE OF THE 2005 ENERGY POLICY ACT", Lexis Law Review) The Commerce Clause states that Congress retains the authority to "regulate Commerce with foreign Nations, and among the several States, and [*614] with the Indian Tribes." 113 This reference to Indian Tribes is commonly known as the Indian Commerce Clause. 114 Over time, the relationship between the federal government and tribal governments has evolved. One result of this evolution is the Trust Doctrine. The trust doctrine, one of the most important aspects of relations between tribal governments and the U.S., originated in Cherokee Nation v. Georgia. 115 In Cherokee Nation, the Cherokee Tribe challenged the extension of Georgia state law onto Indian lands. 116 The Court described the Cherokees, and other Tribal Nations, as "domestic dependent nations" and characterized the relationship between the federal government and tribes as "that of a ward to his guardian." 117 This has come to be known as the Trust Doctrine. As a part of the Trust Doctrine, Congress retains plenary power over Indian tribes. 118 In United States v . Kagama, the Court specifically held that the United States, and not the individual states, retained jurisdiction over the tribes [*615] because of the Trust Doctrine. 119 The Court stated "these Indian tribes are the wards of the nation. They are communities dependent on the United States." 120

7. Transition away from PTC would still be unstable and hurt investors – long term federal PTC is the best policy
Ryan Wiser, Staff Scientist at Lawrence Berkeley National Laboratory, where he conducts research on renewable energy, and advises governments on policy design, holds a masters degree from Stanford University, and a Ph.D. from U.C. Berkeley, Mark Bolinger, principal research associate in the Electricity Markets and Policy Group, holds a B.A. in History and Economics from Dartmouth College and an M.A. in Energy and Resources from the University of California, Berkeley, and Galen Barbose, a senior research associate in the Electricity Markets and Policy Group, focuses on policies to promote energy efficiency, November 2007, “Using the Federal Production Tax Credit to Build a Durable Market for Wind Power in the United States,” Lawrence Berkeley National Laboratory Environmental Energy Technologies Division, http://eetd.lbl.gov/EA/emp/reports/63583.pdf Though the purpose of this article has not been to defend any particular policy outcome, the analysis presented here suggests that a longer-term extension of the federal PTC may provide a number of benefits, and that several other design changes to the PTC deserve consideration. If a longer-term PTC extension proves impossible, politically or otherwise, similar benefits may be gained from alternative policies that provide the necessary industry stability. Given the risk imposed on investors of any transition away from the PTC and to an alternative policy mechanism, however, Congress may wish to avoid in all instances a rapid reduction or elimination of the PTC. Of course, the possible benefits of a longer-term PTC extension, or the use of an alternative policy approach, must be judged against the costs of those policies, as well as the alternative uses of the required funds.

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State CP Bad Theory 2ac
8. 50 State Fiat is a voting issue for the following reasons: 1. Not real world – the 50 states have no method of uniform policy action, especially in regard to Native Americans. It’s object fiat. 2. Their education claims are false: a. No policymaker can choose between USFG and state action b. Process debates detract from topic-specific education- Tribal economies and government rely upon the federal government, a state counterplan shifts the debate away from alternative energy and native Americans to towards obscure legal justifications for state action. c. Federalism disads and state-specific turns solve their claims 3. No literature basis – there’s no evidence for states creating incentives for alternative energy on native lands, much less for the states acting together. 4. Infinitely regressive – justifies regional, local, and individual counterplans 5. Counter-interpretation – reciprocity – they can use any actor upon which Tribes are dependent upon due to treaties. This still gives them alternate agent ground, such as various alternative federal actors or Tribal organizations.

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(1) USFG Key- ptc’s
States don’t trigger credit-offset provisions – means companies still vie for PTCs
Ryan Wiser, Staff Scientist at Lawrence Berkeley National Laboratory, where he conducts research on renewable energy, and advises governments on policy design, holds a masters degree from Stanford University, and a Ph.D. from U.C. Berkeley, Mark Bolinger, principal research associate in the Electricity Markets and Policy Group, holds a B.A. in History and Economics from Dartmouth College and an M.A. in Energy and Resources from the University of California, Berkeley, and Galen Barbose, a senior research associate in the Electricity Markets and Policy Group, focuses on policies to promote energy efficiency, November 2007, “Using the Federal Production Tax Credit to Build a Durable Market for Wind Power in the United States,” Lawrence Berkeley National Laboratory Environmental Energy Technologies Division, http://eetd.lbl.gov/EA/emp/reports/63583.pdf First, the PTC contains what are commonly known as “credit offset” or “anti-double-dipping” provisions that reduce the amount of the tax credit available to any eligible project that also benefits from certain types of government grants, taxexempt bonds, subsidized energy financing, and other Federal tax credits. The design and application of these rules has been refined and clarified, over time, by legislative guidance and IRS rulings.

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(2) USFG Key to self determination
State law doesn’t apply on Indian land and sovereignty can only be affected between tribes and the federal government. Tri-Valley Herald, c. 1/31/05. 'Sovereign' to a point, tribes have their limits. http://www.bluecorncomics.com/sovreign.htm
At its simplest, "sovereign" means independent and self-ruled. A completely sovereign nation is an equal to all other sovereign nations in all respects, from foreign policy powers to economic self-sufficiency to citizenship. Tribes have some limits, though. They can't maintain relations with foreign governments or sell their land to anyone outside the United States. On the other hand, they and their members can do some things foreign sovereign governments and their constituents can't, such as making political contributions and voting in U.S. elections. Tribes do have executive, legislative and judicial governmental power over all their internal affairs, including the power to make and enforce laws for their benefit and protection. This power is considered inherent, meaning it wasn't granted to them by anyone. So they govern themselves to protect their members' health, safety and welfare, and to preserve their culture and history. States are forbidden from interfering with that -- state laws simply don't apply to Indian land. Tribes maintain unique nation-to-nation relationships with the U.S. government. Congress and the federal courts have some power to limit tribal jurisdiction, but case law has established that tribes reserve any rights they haven't expressly given away.

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(3) USFG Key to Modeling
States can't access our modeling arguments this means they can't solve for carbon leakage or international self determination
Huffman & Weisgall '08 (Robert K. & Jonathan M., "EXPLORING HOW TODAY'S DEVELOPMENT AFFECTS FUTURE GENERATIONS AROUND THE GLOBE: IN THIS ISSUE: CLIMATE LAW REPORTER: CLIMATE CHANGE AND THE STATES: CONSTITUTIONAL ISSUES ARISING FROM STATE CLIMATE PROTECTION LEADERSHIP", Sustainable Development Winter, Lexis) Linking a state or regional cap-and-trade program with a foreign trading system like the EU-ETS would raise unique constitutional issues not present in a wholly domestic linkage situation. Emission trading linkages with foreign parties would create a whole host of problems, from verification and standardization of credits at an international level to accounting and securities disclosure laws and regulations. Credits created by European entities would require some sort of regulation under federal securities and/or commodities law. The federal government would have a good argument that states should not be involved in activities over which they do not have full control. Because a state cannot independently regulate securities and commodities markets, it may be impossible for a state or group of states to provide adequate oversight of a market linked to international participants.

Federal Indian policy is modeled Fourth World Center for the Study of Indigenous Law and Politics (Marc Sills and Glenn Morris), Spring/Summer 1996, Fourth World Bulletin, http://carbon.cudenver.edu/public/fwc/Issue10/fwbtoc.html
In the summer of 1994, following the conclusion of the 12th session of the UN Working Group on Indigenous Peoples, the Sub-Commission on the Prevention of Discrimination and the Protection of Minorities sent the Draft Declaration on the Rights of Indigenous Peoples to the UN Commission on Human Rights. This was a necessary step for the Draft in route to the ultimate approval by the UN General Assembly that its proponents hope to achieve. But in February 1995, the Draft Declaration was put in jeopardy of de-railment when the Human Rights Commission ordered the Draft reviewed by a new working group. That group, named the "Open-ended Inter-sessional Working Group" (referred to herein as the "Inter-sessional"), held its first meeting from 20 November to 1 December 1995. The proceedings from the meeting demonstrate an attempt by a coterie of states, led by the United States, to commandeer the debate on indigenous rights, as they try to maintain their control of international law and the United Nations' role in enforcing the principles found in the Draft Declaration. Because of its role as the one surviving super-power at the end of the Cold War, with the financial leverage to determine the future of the United Nations, the US has inordinate control over the way the Draft Declaration is being worded and what exactly the document will imply as policy. The United States intends that its own model for treatment of indigenous peoples should be emulated by other states, and therefore that the Draft Declaration should reflect the order of US Indian Law. The agenda is not merely to define a simple moral order; more important, the US is attempting to create a broader, more encompassing hegemony that minimizes the possibility that indigenous peoples might actually be protagonists of their own destinies.

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(4) Counterplan Illegit

The Neg must fiat congress action in order to award tribal jurisdiction to the states National Environmental Justice Advisory Council (NEJAC), November 2000 Guide on Consultation and Collaboration with Indian
Tribal Governments, http://www.epa.gov/compliance/resources/publications/ej/ips_consultation_guide.pdf The cornerstone of the government-to-government relationship is the federal government’s trust responsibility to Indian tribes. Under the trust doctrine, the federal government has “charged itself with moral obligations of the highest responsibility and trust”6 that require agencies to ensure the protection of tribal interests as they fulfill their overall missions. This doctrine has its roots in the treaties through which the tribes ceded vast portions of their aboriginal lands to the United States in exchange for the federal government’s solemn promise to protect the rights of the tribes to continue to exist as self-governing nations within the lands that they reserved for themselves. The trust doctrine is also based on the practice of the federal government holding legal title to most Indian land in trust for the beneficial use of Indian tribes and tribal members. Whether or not the federal government holds legal title to Indian lands within the reservation of a particular tribe, federal law prohibits the transfer of property interests in Indian land except as authorized by Congress. In practice, the trust responsibility gives rise to distinctive fiduciary obligations on the part of federal agencies which must be “exercised according to the strictest fiduciary standards.”7 As the Supreme Court explained, federal officials are “bound by every moral and equitable consideration to discharge the federal government’s trust with good faith and fairness” when dealing with Indian tribes.8 The trust doctrine includes duties to manage natural resources for the benefit of tribes and individual Indian landowners, and the federal government has in some cases been held liable for damage caused by mismanagement.

States lack jurisdiction over tribes
Suagee 1992 [Dean B., J.D., University of North Carolina, 1976; LL.M., The American University, 1989; Associate, Hobbs, Straus, Dean & Wilder, Washington, D.C.] University of Michigan Journal of Law Reform SPRING AND SUMMER, 1992 25 U. Mich. J.L. Reform 671 SELF-DETERMINATION FOR INDIGENOUS PEOPLES AT THE DAWN OF THE SOLAR AGE, 1992. Indian tribes have governmental powers as an aspect of their original or inherent sovereignty, but these powers can be divested by Congress through its "plenary power." 112 Within their reservations, tribes generally retain all powers other than those they gave up in treaties, had taken away by an express act of Congress, or had taken away by implicit divestiture as a result of their dependent status. 113 Accordingly, the tribes have authority over a wide range of subject matter, although the federal government has concurrent authority over much of this range. State governments generally lack jurisdiction over tribes and Indians within reservations, unless expressly granted jurisdiction by the federal government, 114 but states generally do have jurisdiction over non-Indians within reservations, except when preempted by federal law 115 or when the exercise of state authority would infringe upon tribal self-government.

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(4) Counterplan Illegit- AT: Lopez
Plenary Power survives the Lopez precedent, not enough to change policy
Nicholas J. Johnson, Associate Professor of Law, Fordham University School of Law, 1996, “Plenary Power and Constitutional Outcasts: Federal Power, Critical Race Theory, and the Second, Ninth, and Tenth Amendments [Benjamin Lopez] The Court's most recent and candid engagement of modern plenary power appears in United States v. Lopez, [13] which has been the only significant defeat of federal commerce power since the 1930s. Responding to what was a very standard rendition of the power-sustaining construction of the Commerce Clause--an unremarkable position that had been overwhelmingly successful for decades [14]--the Court in Lopez concluded: Under the theories that the Government presents ... it is difficult to perceive any limitation on federal power, even in areas such as criminal law enforcement or education where States historically have been sovereign. Thus, if we were to accept the Government's arguments, we are hard-pressed to posit any activity by an individual that Congress is without power to regulate.... .... Admittedly, some of our prior cases have taken long steps down [the road toward converting the commerce power into a general police power]. The broad language in these opinions has suggested the possibility of additional expansion, but we decline here to proceed any further. To do so would require us to conclude that the Constitution's enumeration of powers does not presuppose something not enumerated .... [15] While there is obvious tension between the rhetoric of Lopez and the contention that federal power remains effectively plenary, I argue in Part III.B. that the impact of Lopez on the plenary power structure should be gauged not by its power-limiting rhetoric, but by the Court's treatment of the remaining outcast provisions in its wake. Pending those signals, I proceed under the view, reflected in part by Justice Souter's dissent, that the majority's "reasoning and its suggestions [are] not quite in gear with the prevailing standard, but [Lopez is] hardly an epochal case." [16] For the moment, it is a fair premise that the plenary power model, with perhaps a soft spin to the right, survives Lopez.

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USFG solves best- community participation

A Government-to-Government and Nation-to-nation approach is key because a new paradigm is necessary in order to encourage community participation efforts. Mary Arquette, Maxine Cole, et al., researchers at the Akwesasne Task Force on the Environment, April 2002 Holistic RiskBased Environmental Decision Making: A Native Perspective [Benjamin Lopez] As we work toward developing and using a more integrated, holistic model for riskbased decision making, we must ensure that there is a sound foundation for such an approach. It is clear that affected communities must play a central role in the broader risk assessment process. In order to promote health, justice, and equity, long-term investments must be made in communitybased research, including efforts that develop specialized strategies for communication and community participation. This requires movement away from the hierarchic nature of the current expert-based risk assessment approach to one that includes collaboration, partnership, and respect for flexible, multidisciplinary approaches. The diversity among Native Nations alone requires an understanding that no single approach will suit all peoples and all problems. Decision makers need to consider the very specific needs and legal requirements associated with certain populations. For example, by virtue of their treaty status, Native Nations have an even greater legal and moral right to be involved on a government-to-government, Nation-to-Nation basis in any decision making that affects their people, lands, and aboriginal and treaty rights. When considering true risk, social and cultural impacts must be included with toxicologic and ecologic factors. Finally, because it is essential to minimize the time in which individuals, communities, and ecosystems are negatively impacted, an effective means for evaluating decisionmaking processes needs to be developed to ensure that actions have focused on the right issues, have served to prevent problems, and have produced sound results in a timely fashion. In developing an integrated framework for risk-based environmental decision making, there is much to be learned from Native people, who have experience in developing equitable partnerships and using holistic, integrated thinking to solve problems.

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Natives Prefer USFG to Act
Native Americans urge for a federal government-to- tribal government relationship regarding environmental justice and environmental programs National Environmental Justice Advisory Council (NEJAC), November 2000 Guide on Consultation and Collaboration with Indian
Tribal Governments, http://www.epa.gov/compliance/resources/publications/ej/ips_consultation_guide.pdf [Benjamin Lopez] The Indigenous Peoples Subcommittee recognizes the strides that EPA has made in addressing environmental justice for American Indians and Alaska Natives. Through this document, NEJAC urges EPA to enhance its efforts to promote equity in environmental protection within Indian country and Alaska Native villages. Specifically, the Subcommittee calls on EPA to consult with tribal governments on a government-to-government basis, consistent with and in recognition of tribal sovereignty, tribal rights, and the federal trust responsibility. Additionally, it is imperative that EPA and other federal agencies afford federally recognized tribal governments with equitable levels of financial and technical assistance to ensure that public health, the environment and tribal cultural, spiritual, natural and economic resources are indeed protected from environmental degradation and harm. Finally, the Indigenous Peoples Subcommittee requests that EPA encourage and assist tribal governments in establishing their environmental programs in an effective and open manner and administering their environmental laws and policies fairly and efficiently. Again, equitable levels of federal financial and technical assistance will be essential to strengthening and maintaining the overall integrity of tribal environmental programs. In the Subcommittee's view, strong, fair and successful tribal environmental programs not only will benefit tribal communities and their neighbors, but also will strengthen tribal sovereignty and self-governance and promote the acceptance of these bedrock principles throughout the larger American society.

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AT: Permanent PIC

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AT: Permanence PIC – 2AC
1. Extend <REFC 05>, the permanency of the tax credits are necessary, without it, wind development undergoes a system of boom bust that destroys the companies manufacturing and wind energy facilities. And Boom-bust development in wind capacity from non-permanent PTCs hurts overall development – 5 reasons Ryan Wiser, Staff Scientist at Lawrence Berkeley National Laboratory, where he conducts research on renewable energy, and
advises governments on policy design, holds a masters degree from Stanford University, and a Ph.D. from U.C. Berkeley, Mark Bolinger, principal research associate in the Electricity Markets and Policy Group, holds a B.A. in History and Economics from Dartmouth College and an M.A. in Energy and Resources from the University of California, Berkeley, and Galen Barbose, a senior research associate in the Electricity Markets and Policy Group, focuses on policies to promote energy efficiency, November 2007, “Using the Federal Production Tax Credit to Build a Durable Market for Wind Power in the United States,” Lawrence Berkeley National Laboratory Environmental Energy Technologies Division, http://eetd.lbl.gov/EA/emp/reports/63583.pdf Though the historical impacts of the PTC are well known, somewhat less-recognized is the fact that the frequent expiration/extension cycle that we have seen since 1999 has had several negative consequences for the growth of the wind sector. Due to the series of 1- to 2-year PTC extensions, growing demand for wind power has been compressed into tight and frenzied windows of development. This has led to boom-and-bust cycles in renewable energy development, underinvestment in wind turbine manufacturing capacity in the U.S., and variability in equipment and supply costs, making the PTC less effective in stimulating low-cost wind development than might be the case if a longer-term and more-stable policy were established. More specifically, some of the potentially negative impacts of the PTC expirations and shorter- term extensions on the wind industry are as follows: 1. Slowed Wind Development: Data in Figure 1 demonstrate that the risk of non-renewal of the PTC can slow wind development in certain years. Even in years in which the PTC is secure, uncertainty in the near-term future availability of the PTC may undermine rational industry planning, project development, and manufacturing investments, thereby leading to lower levels of new wind project capacity additions. 2. Higher Wind Supply Costs: Wind project costs in the U.S. decreased substantially from the early 1980s to the early 2000s, demonstrating the success of public and private R&D investments and the commercial success of the technology. Since 2001, however, installed wind costs have risen by roughly $500/kW, with power sales prices rising in turn. 12 Although capital costs for all generation technologies have risen in recent years, there is reason to believe that this increase in the cost of wind power has been exacerbated by the erratic boom-and-bust cycle created by the 1- to 2-year PTC extensions in recent years. 3. Greater Reliance on Foreign Manufacturing: Uncertainty in the future scale of the U.S. wind power market has limited the interest of both U.S. and foreign firms in investing in wind turbine and component manufacturing infrastructure in the U.S. Consequently, the U.S. remains heavily reliant on wind turbines and components manufactured elsewhere. 4. Difficulty in Rationally Planning Transmission Expansion: Accessing substantial amounts of wind energy will require investments in the transmission grid. Uncertainty in the future of the PTC makes transmission planning for wind particularly challenging because the economic attractiveness of wind projects – and therefore of expanding the transmission system for those projects – hinges in many cases on the PTC. 5. Reduced Private R&D Expenditure: Shorter-term PTC extensions may lower the willingness of private industry to engage and invest in long-term wind technology R&D that is unlikely to pay off within a 1- to 2-year PTC cycle, given uncertainty in the future domestic market demand for those advanced technologies.

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2. Perm do plan and don’t extend federal production tax credits permanently It’s justified by PIC a. Infinite regression --- unlimited number of things you can change --- change plan text, save one dollar --- kills education, we can’t predict what the negative can run --- constant nitpicking makes debate absurd, trivial matters --- never learn how to make lager policy decisions that affect the world b. Strategy skew --- takes away 1AC ground, hurts the 2AC ability to generate offense --- negative always win --- destroys the value of switch side debating --- allows you to view an issue from two sides --strengthen your arguments, you never take something as total truth because you view the pros and cons ie. The “axis of evil” is set as above debate, but when we view pros and cons it allows a culture of dissent c. Justifies vague plan writing --- affirmatives will get out of writing PIC --- hurts negative ground --causes policy making --- policies are so broad that they don’t address specific issues Example --- legislation of genocide used to avoid intervention --- vague plan writing justifies inaction (card) --- causes enough violence that education is irrelevant d. DA checks --- you can just run your PIC as a DA e. Still justifies voting affirmative, because the resolution is a good idea

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3. A permanent tax credit would triple wind generation from the same site. Ryan Wiser, Mark Bolinger and Galen Barbose. Ryan Wiser is a Staff Scientist at Lawrence Berkeley National Laboratory.
Mark Bolinger is a Staff Research Associate at Lawrence Berkeley National Laboratory. Galen Barbose is a Principal Research Associate at Lawrence Berkeley National Laboratory. 5 November 2007. “Using the Federal Production Tax Credit to Build a Durable Market for Wind Power in the United States” http://www.sciencedirect.com/science?_ob=ArticleURL&_udi=B6VSS-4R2HKPB1&_user=4257664&_rdoc=1&_fmt=&_orig=search&_sort=d&view=c&_acct=C000022698&_version=1&_urlVersion=0&_userid=4 257664&md5=3de838039ea5011913803ec9d533f4d2 The impact of a PTC extension on wind power deployment, however, is uncertain, and depends significantly on model assumptions. The Energy Information Administration, for example, has recently estimated that, relative to the AEO 2007 reference case, a five-year PTC extension would increase wind generation by 40 percent in 2030, while a permanent extension of the PTC would more than triple wind generation by the same date and allow wind power to grow to serve roughly 3 percent of U.S. electricity supply.10 In contrast, using a model that is specifically designed to forecast wind deployment, the National Renewable Energy Lab has estimated that an extension of the PTC through 2020 could stimulate enough wind power to serve as much as 17 percent of the nation's electricity supply by 2030.11

4. Plan doesn’t solve self-determination – if the federal government can just get rid of it in two years then the Native Americans are still dependent on the government for renewal 5. A PTC pays for itself in tax revenue as well as environmental benefits, a permanent one helps even more
Global Power Report, 6/26/08, The McGraw-Hill Companies, Inc, p. Lexis The federal production tax credit for wind energy more than pays for itself through tax revenue from a project's income, vendor's profits and workers' wages, according to a study by GE Energy Financial Services. GE released the study June 18 at the American Council on Renewable Energy's Renewable Energy Finance Forum in New York. "Congress is debating how to pay for the wind tax credits perhaps without realizing that, over time, wind farms pump more money into the US Treasury and state and local coffers than they take out," Kevin Walsh, GE EFS' managing director of renewable energy, said at the conference. "Our study shows that the wind farms more than pay for themselves through existing tax revenues, so it's time to renew the incentives immediately." The production tax credit for wind and other forms of renewable energy expires at the end of 2008. The main argument from the government side for renewing the PTC for only a year or two at a time is the cost of the lost tax revenues. In the study, GE put the cost of the PTC for the 5,200 MW of wind farms that came online in 2007 was $2.5 billion. Offsetting those lost tax revenues to the government, GE estimated $1.9 million in taxes over an estimated 25-year life span for the 5,200 MW of wind farms. In addition, GE factored in $370 million in wages taxes during construction and $170 million in wage taxes during operation, $115 million in vendor profit taxes during construction and $165 million in vendor profit taxes during operation, and $30 million in land lease taxes during construction. The net result, according to GE, is $250 million more than the cost of the PTC, measured in net present value over a putative 25 year lifespan for the wind farms. The PTC last for 10 years. In the study GE noted that the PTC has expired three times in the past nine years, each time causing a 76% to 90% drop in installed capacity from the previous year. The most recent attempt to renew the incentive failed earlier this month in a Senate vote that centered on how to offset the cost of the production tax credit with tax revenues, the company said. "Too often, politics, rather than economics, has shaped the debate about extending the production tax credit," Michael Eckhart, president of the American Council on Renewable Energy, said in a statement. "GE's new study identifying additional economic benefits of the wind industry should bring all parties together, all supporting a proposition that is good for the environment, good for the economy and even good for the federal treasury."

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Non-Permanent hurts tribal economy
Non-permanent destroy the economy of the reserves, turning self determination Geoff Hand, Associate Attorney at the law firm of Shems Dunkiel Kassel & Saunders PLLC. March 16, 2005. Legislation
Introduced to Extend Production Tax Credit to 2010 http://renewableenergylaw.blogspot.com/2005/03/legislation-introduced-toextend.html As Senator Byron noted in his speech introducing S. 542: The bottom line is that short-term extensions of the renewable energy tax credit creates a boom and bust cycle of shortterm planning, painful layoffs and higher than necessary project costs. Financial lenders stop providing the capital needed for wind energy projects about 4 to 6 months before the credit is scheduled to expire because of the uncertainty surrounding the future availability of the credit. This uncertainty inevitably leads to a rush to complete projects at higher costs, and those costs are passed along to consumers. The bill also proposes to expand the current PTC program to allow non-profit cooperative and municipal utilities to take advantage of the tax-credit.

PTC expiration causes a boom and bust cycle Timothy B. Hurst. Freelance writer for numerous green organizations. Five years of graduate study in the politics of energy and the environment. March 7th, 2008 “Ending the ‘Feast or Famine’ Cycles of Clean Energy Development in the US.”
http://cleantechnica.com/2008/03/07/ending-the-feast-or-famine-cycles-of-clean-energy-development-in-us/ Since the energy crisis of the late 1970s, the federal government has employed various policy mechanisms to support renewable energy development. Driving through the neighborhoods that were developed in the late 70s and early 80s, it’s not hard to notice all of the old rooftop solar water heating arrays that were installed because people were taking advantage of a tax credit made available by the Carter administration. But the tax credit expired after Reagan took office, which is why I don’t see rooftop solar hot water nearly as much anymore (at least not recently installed). The same thing will happen if the renewable energy tax credits expire (referring broadly to the investment tax credit and production tax credit). The boom-and-bust cycle of clean energy development is a direct result of the waxing and waning of the federal production tax credit (PTC).

Temporary PCSs undermine industrial planning and investment.
Wind Power and the Production Tax Credit: An Overview of Research Results. Testimony Prepared for a Hearing on “Clean Energy: From the Margins to the Mainstream” Senate Finance Committee Dr. Ryan Wiser. Scientist, Lawrence Berkeley National Laboratory. March 29, 2007 www.novoco.com/energy/resource_files/advocacy/wiser_testimony_032907.pdf 1. Slowed Wind Development: Data in Figure 3 demonstrate that the risk of PTC expiration can slow wind development in certain years. Even in years in which the PTC is secure, uncertainty in the future availability of the PTC may undermine rational industry planning, project development, and manufacturing investments, thereby leading to lower levels of new wind project capacity additions. 2. Higher Costs: Wind project costs in the U.S. decreased substantially from the early 1980s to the early 2000s, demonstrating the success of public and private R&D investments and the commercial success of the technology. Since 2002, however, costs have risen. Based on data collected by Berkeley Lab, the average installed cost of wind projects in the U.S. in 2006 was roughly $1,600/kW, up from roughly $1,300/kW in 2002. There is reason to believe that these increased prices have been caused, in part, by the erratic market cycle of frenzied investment alternated with market collapse that has been
created by the 1- to 2-year extensions of the PTC in recent years. 3. Greater Reliance on Foreign Manufacturing: Uncertainty in the future scale of the U.S. wind power market has limited the interest of both U.S. and foreign firms in investing in wind turbine and component manufacturing infrastructure in the U.S. Instead, the U.S. remains reliant, to a significant degree, on wind turbines and components manufactured in Europe and, in the future, perhaps China and elsewhere, thereby reducing opportunities to grow the domestic manufacturing sector. 4. Difficult to Rationally Plan Transmission Expansion: Accessing substantial amounts of wind energy will require

investments in the transmission grid, and most analysts believe that the U.S. has under-invested in transmission in recent years. Uncertainty in the future of the PTC makes transmission planning for wind particularly challenging
because the economic attractiveness of wind projects (and therefore of expanding the transmission system for those projects) hinges in many cases on the PTC. In turn, since transmission projects take many years to plan, permit, finance, and construct, uncertain demand for the line itself may prevent needed transmission projects from taking place.

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BizCon DA 2AC
A. Investor confidence is on the brink – rescue of financial institutions shored up confidence, but any erosion cascades globally WSJ (Wall Street Journal), 7-15-08, “The Multifront War Over Investor Confidence”,
http://online.wsj.com/article/SB121610307854153963.html?mod=googlenews_wsj That seemed to help, at least temporarily, since investors yesterday bought $3 billion in short-term debt in a Freddie auction that drew more bids than usual and thus allowed the company to offer lower yields and keep down its borrowing costs, as The Wall Street Journal notes. This confidence stems from the powerful promise Treasury Secretary Henry Paulson essentially made to back Fannie and Freddie on Sunday, however much he expressed a preference for keeping their shareholder-owned structures. As BusinessWeek's Michael Mandel argues, the two seem to be "on the inevitable road to being bailed out, nationalized, and shrunk," since the placement of "the full faith and credit of the U.S. government behind two private financial companies" can't be undone. Still, if Mr. Paulson's weekend moves helped shore up short-term confidence in Fannie and Freddie's ability to keep pumping money into the housing market, they didn't solve long-term worries about their capitalization, the Journal says. The rescue of Fannie and Freddie came "after Wall Street executives and foreign central bankers told Washington that any further erosion of confidence could have a cascading effect around the world," officials tell the New York Times. And yet, the start-and-stop market cascades tied to the mortgage crisis that began early last year were at it again today. Yesterday's fall in U.S. banking stocks today is translating into hefty losses in Shanghai, Singapore, Hong Kong and Japan, and in London, Frankfurt and Paris, too. The dollar reached a new low against the euro, which was buying more than $1.60, and U.S. stock futures are down ahead of the market open in New York.

B. Permanent PTC’s are key to business confidence
Mark Heesen and Lezlee Westine. Westine, aside from the head of technet, was the White House Director of Public Liaison and Director of Governor Pete Wilson's San Francisco Bay Area office. Westine is a graduate of the University of Florida and received an M.B.A. from UCLA and a J.D. from Georgetown. U.S. Needs to Extend Renewable Tax Credits Now http://www.technet.org/news/oped/?postId=9322 The energy sector is among the most capital-intensive industries in the world. The substantial upfront costs of generating electricity and developing and installing new technologies requires a significant time and funding commitment. Federal tax incentives can spur this process by helping new energy sources achieve the economies of scale necessary to compete. Unfortunately, existing incentives that can help drive this process are set to expire at year¿s end. Without these tax incentives, promising clean energy industries may fail. In February, we were encouraged that the U.S. House approved a measure to prevent the expiration of these incentives, despite the repeated veto threats of the Bush Administration. In April, the Senate passed similar legislation after several attempts. But the Senate and House have yet to reach a consensus on how to make up the revenue lost by extending these incentives, and it remains unclear if the Bush Administration will support the move. Today, a broad, bi-partisan, majority of economists and policy-makers agree that tax incentives are critical to long-term investment and expansion of alternative energy sources. Project developers must know for certain, or possess a realistic level of confidence, that the tax credit will be in place for roughly 2 to 6 years in advance, as the development work is carried out. Failing to provide that certainty otherwise causes pre-construction project development activity to be reduced and significant job loss. When the production tax credits last expired in 2004, the amount of power produced from wind installations dropped 77 percent in a single year.

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BizCon DA 2AC
C. Buisness confidence is key to the economy. John Braithwaite, Australian Research Council Federation fellow, 2004, The Annals of The American Academy of Political
and Social Science, March, “Emancipation and Hope,” Lexis The challenge of designing institutions that simultaneously engender emanci- pation and hope is addressed within the assumption of economic institutions that are fundamentally capitalist. This contemporary global context gives more force to the hope nexus because we know capitalism thrives on hope. When business confidence collapses, capitalist economies head for recession. This dependence on hope is of quite general import; business leaders must have hope for the future before they will build new factories; consumers need confidence before they will buy what the factories make; investors need confidence before they will buy shares in the company that builds the factory; bankers need confidence to lend money to build the factory; scientists need confidence to innovate with new technologies in the hope that a capitalist will come along and market their invention. Keynes’s ([1936]1981) General Theory of Employment, Interest and Money lamented the theoretical neglect of “animal spirits” of hope (“spontaneous optimism rather than . . . mathematical expectation” (p. 161) in the discipline of economics, a neglect that continues to this day (see also Barbalet 1993).

D. Economic stagnation leads to nuclear war
Walter Russel Mead, fellow, Council on Foreign Relations, 1992, NEW PERSPECTIVES But what if it can’t? What if the global economy stagnates—or even shrink In that case, we will face a new period of international conflict: South against North, rich against poor. Russia, China, India—these countries with their billions of people and their nuclear weapons will pose a much greater danger to world order than Germany and Japan did in the ‘30s.

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Ext. BizCon DA
The boom-bust cycles of production tax credits hurts the economy Stephen Lacey, editor and host of the Inside Renewable Energy podcast, helps write, manage and edit stories for publication, 9/29/06, “Production Tax Credit Vital for the Wind Industry,” RenewableEnergyAccess.com,
http://www.renewableenergyworld.com/rea/news/story?id=46092 For wind developers, the Production Tax Credit (PTC) can either make or break a project. In Lempster, New Hampshire, the timely development of a 24-megawatt (MW) wind farm hinges on the probability of it coming online before December 31, 2007, when the PTC expires. Because a comprehensive review of the project was approved by the New Hampshire site evaluation committee, it could take Community Energy Inc. -- the developer overseeing the Lempster wind farm -- up to nine months to start construction. And if the PTC is not renewed before the expiration date, there's a chance the project could stall for much longer. The PTC is a federal tax credit created in 1992 to encourage large-scale wind production. The current credit is for 1.9 cents per kilowatt-hour (kWh) of energy produced. To the chagrin of wind developers, Congress has only renewed the tax credit for short periods of time, which has caused a "boom and bust cycle" in the industry. Missing the PTC deadline doesn't necessarily stop a project -- but it can certainly cause complications. Economic impacts on the industry can be severe if projects are not able to meet the deadline. Therefore, long-term extension of the PTC is the biggest priority for the wind industry. "The big question is if a project will be able to come online before the PTC deadline," said Christine Real de Azua, Assistant Director of Communications at the American Wind Energy Association (AWEA). "If it cannot, then the project will most likely be delayed, which can have employment repercussions down the production chain."

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Ext. Biz Con Links
Boom-bust tax credits destroy the renewable energy industry
Nichola Groom and Matt Daily. Reuters. 2 June 2008, Alternative Energy on Edge in U.S. http://www.redorbit.com/news/business/1411912/alternative_energy_on_edge_in_us/ Anxiety is setting in among companies specializing in solar and wind power, and the investors that are backing them, as U.S. lawmakers delay the extension of tax credits deemed critical for the burgeoning renewable energy industry. After several failed attempts by Congress to prolong alternative energy subsidies that are set to expire at the end of this year, companies are bracing for the worst by cutting jobs and trying to increase their sales in Europe, where generous government incentives are more certain. "It certainly is affecting business," said Mike Splinter, chief executive of Applied Materials, a maker of solar equipment. "It's a major issue for the solar industry," Splinter said. "We've seen hundreds of cities and many states start to adopt their own rules, and we can't pass even the simplest, smallest of incentives." The alternative energy industry still relies heavily on subsidies to make prices of renewable power competitive with electricity generated from coal and natural gas. Several attempts to extend the tax credits have failed in recent months as lawmakers argue over how to pay for them. In February, the House of Representatives approved an extension by taking away billions of dollars in tax credits from big oil companies, but the measure was opposed by the Senate. The latest bill includes about $20 billion of incentives that extend for one year the federal tax credit for companies that produce electricity from wind, and extend it for three years for power generated from biomass, geothermal, hydropower, landfill gas and solid waste. Businesses and homeowners would also be able to offset 30 percent of the cost of solar or fuel-cell equipment purchased before 2014 with a one-time tax credit. The measure passed in the House last month, but the White House threatened to veto it. Democrats have said election-year pressures and soaring gasoline prices will eventually lead to an extension of the subsidies. But that confidence is not shared by the industry. Akeena Solar, a maker of solar power systems, recently cut 8 percent of its work force and warned of weaker demand this year, in part because of a pullback in large-scale projects that would not be completed by the end of the year. Tom Werner, chief executive of SunPower, has said that his company was ready to move business into markets outside the United States, including Italy, to offset a potential policy-driven drop in demand in the United States. The Solar Energy Solutions division of Sharp, the Japanese electronics company, is seeing a strong increase in demand as its clients scramble to finish projects before the U.S. tax credits expire, said Ron Kenedi, vice president of the division. But he warned that projects would be halted if an extension of the credits did not materialize. "When you have a stoppage it gets tough to invest, and you get people thinking about, 'Maybe I shouldn't do it now' - and that's not a good thing," Kenedi said. Uncertainty about the subsidies has contributed to the volatility in renewable energy stocks this year. Akeena's shares, for instance, are down about 60 percent from the all-time high of $16.80 they reached in January. Erik Olbeter, an analyst at Pacific Crest Securities, said in a research note on May 14 that failure to extend the tax credits soon would hurt companies with large exposures to the U.S. market, like the solar companies Akeena and SunPower and wind turbine manufacturers like Vestas Wind Systems of Denmark.

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AT: Full Sovereignty CP

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AT: Full Sovereignty CP – 2AC
1. Turn- efforts to challenge elite control by non-indigenous people fail and are co-opted. Taiaiake Alfred. (Mohawk) “Peace Power Righteousnes, and indigenous manifesto.” Oxford University Press.1999. [Alex KatsRubin] pg 31 Those who challenge the status and style of the entrenched elite may do so on a moral basis, as the Native Women’s Association of Canada (NWAC) did during the 1992 negotiations to revise Canada’s Constitution, when they were excluded by Mercredi’s AFN. But they lack an indigenous philosophical base. And without a solid grounding in traditional values, such criticism is incapable of asserting indigenous rights; it becomes just a lever for those who want to replace the entrenched leaders and wield power themselves, still within a non-indigenous framework. The efforts of NWAC and other politically marginalized people to resist Mercredi’s exercise of his claiming authority as the Native representative exemplified the futile ‘mainstreaming’ of dissent.

2. The plan doesn’t solve for our carbon leakage advantage because the model displayed to lower developing countries wouldn’t include measures to change environmental policy. 3. They also cannot solve for our internal self determination advantage. The model that the counterplan displays to developing countries is one of indigenous succession, triggering our nuclear war scenarios. 4. Perm do both we can give them trade-able tax credits if they’re a sovereignty because it’s the companies that are paying taxes

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5. Turn A. Return of indigenous land and sovereignty would be the end of Los Angeles and electricity to the Southwest. Ward Churchill (Creek and enrolled Keetowah Band Cherokee, a member of the Governing Council of the Colorado chapter of
the American Indian Movement.). “From a Native Son.” 1996. [Alex Kats-Rubin] 537 Here’s where I think the reconstitution of indigenous territorality and sovereignty in the West can be useful with regard to population. You see, land isn’t just land; it’s also the resources within the land, things like coal, oil, natural gas, uranium, and maybe most important, water, How does that bear on United States overpopulation? Simple. Much of the population expansion in this country over the past quarter-century has been into the southwestern desert region. How many people have they got living in the valley down there at Phoenix, a place which might be reasonably expected to support 500? Look at Los Angeles, which has 20 million people where there ought to be maybe a few thousand. How do they accomplish this? Well, for one thing, they’ve diverted the entire Colorado River from its natural purposes. They’re syphoning off the Columbia River and piping it south. They’ve even got a project underway to divert the Yukon River all the way down from Alaska to support southwestern urban growth and to irrigate George Bush’s proposed agribusiness penetration of northern Sonora and chihuakua. Whole regions of our ecosphere are being destabilized in the process. In the scenario I’ve described, the whole Colorado watershed will be in Indian country, under Indian control. So will the source of the Columbia. And diversion of the Yukon would have to go right through Indian country. Now, here’s the deal. No more use of water to fill swimming pools and sprinkled golf courses in Phoenix and Los Angeles. No more watering Kentucky bluegrass lawns out on the yucca flats. No more drive-through car washes in Tucumcari. No mow “Big Surf” amusement parks in the middle of the desert. Drinking water and such for the whole population, yes. But water for this other insanity? No way. I guarantee that’ll stop the inflow of population cold. Hell, I’ll guarantee it’ll start a pretty substantial outflow. Most of these folks never wanted to live in the desert anyway. That’s why they keep trying to make it look like Florida (another delicate environment which is budding under the weight of population increases)!2 And we can help move things along in other ways as well. Virtually all the electrical power for the southwestern urban sprawls comes from a combination of hydroelectric and coal-fired generation in the Four Corners area. This is smack dab in the middle of Indian Country along with all the uranium with which a “friendly atom” alternative might be attempted, and most of the low sulfur coal. Goodbye to the neon glitter of Las Vegas and San Diego. Adios to air conditioners in every room. Sorry about your hundred mile expanses of formerly street-lit expressway. Basic needs will be met, and that’s it. Which means we can also start saying goodbye to western rivers being backed uplike so many sewage lagoons behind massive dams. The Glen Canyon and Hoover dams are coming down, boys and girls.

B. The resulting outages and blackouts will destroy California’s economy, losing $7 billion a day. AUS CONSULTANTS. IMPACT OF A CONTINUING ELECTRICITY CRISIS ON THE CALIFORNIA ECONOMY. MAY 3, 2001 http://www.caltax.org/member/taxletter/Reference/AUSStudyfinal.pdf
The California economy will experience significant adverse consequents from a continuation of rolling blackouts and outages during the remainder of 2001 or beyond. The direct loss of output for California industry and businesses resulting from 20 hours of electricity outages consistent with CASIO’s current assessment for the summer of 2001 are estimated to reach $6.8 billion. Rolling blackouts of this duration and magnitude will restrain growth for the entire economy and will result in lost jobs and reduced income for all Californians.

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C. California is key to the US economy Ray Haynes, California Assembly member representing Riverside and Temecula, 9-2-2003; “Who’s Dragging Down Who?”,
http://theamericashow.net/archives/Columns/Haynes/20030902HaynesDragging.html I think it is important people know what is happening in California government. One in seven people who live in the United States live in California. California constitutes ten per cent of the entire national economy, and it is the fifth (or sixth or seventh or eighth) largest economy in the world (our ranking shrinks each year Davis stays in office). When California’s economy hiccups, it causes a national economic earthquake. A large, diverse, and powerful economic actor is important not just to those of us who live here, but to those who walk the halls of Washington power as well. Government at any level can’t do much to help the economy. The economy is driven by people’s needs and the endless effort of private companies to meet those needs. Government, however, can screw it up. Using tax and regulatory policy, and government subsidies, government impacts individual preferences by increasing the price of one product or service (or decreasing another), and shifting limited social resources to government-preferred activities. If these preferred activities aren’t beneficial to the economy as a whole, government causes the economy to falter. Jobs are lost, people are hurt, and the economy shrinks. Given these facts, it would be important to cover any government function that affects ten per cent of the economy. Sacramento should be the focus of a lot of media attention.

D. Economic collapse leads to global nuclear war Walter Russell Mead, former Senior Fellow for U.S. Foreign Policy at the Council on Foreign Relations, World Policy Institute, 1992; "Depending on the Kindness of Strangers," New Perspectives Quarterly 9.3 (Summer 1992) pp. 28-30.
Hundreds of millions – billions – of people have pinned their hopes on the international market economy. They and their leaders have embraced market principles – and drawn closer to the west – because they believe that our system can work for them. But what if it can’t? What if the global economy stagnates – or even shrinks? In that case, we will face a new period of international conflict: South against North, rich against poor. Russia, China, India – these countries with their billions of people and their nuclear weapons will pose a much greater danger to world order than Germany and Japan did in the 30s.

6. Turn- This type of full sovereignty is impossible and contrary to what indigenous people want. Taiaiake Alfred. (Mohawk) “Peace Power Righteousnes, and indigenous manifesto.” Oxford University Press.1999. [Alex KatsRubin] pg 53 It is with indigenous notions of power such as these that contemporary Native nationalism seeks to replace the dividing, alienating, and exploitative notions, based on fear, that drive politics inside and outside Native communities today. This goal differs significantly from the revolutionary objectives of earlier phrases of the Native movement. Not only is revolution in the classic sense unworkable, given the relatively small numbers of indigenous peoples in North America today, but it is contrary to the basic principles of traditional indigenous philosophies. Indigenous peoples do not seek to destroy the state, but to make it more just and to improve their relations with the mainstream societies.

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AT: Natives are not all the same
Turn: Highlighting differences between Indian people is a strategy used by the colonizers to perpetuate domination
Ward Churchill (Creek and enrolled Keetowah Band Cherokee, a member of the Governing Council of the Colorado chapter of the American Indian Movement.). “From a Native Son.” 1996. [Alex Kats-Rubin] Pg 512-513 In America there exists only one unitary Indian civilization. All the Indian peoples participate in this civilization. The diversity of cultures and languages is not an obstacle to affirmation of the unity of this civilization. It is a fact that all civilizations, including Western civilization, have these sorts of internal differences. But the level of unity—the civilization—is more profound than the level of of specificity (the cultures, the languages, the communities). The civilizing dimension transcends the concrete diversity. Differences between the diverse peoples (or ethnic groups) have been accentuated by the colonizers as part of the strategy of domination. There have been attempts by some to fragment the Indian peoples by establishing frontiers, deepening differences, and provoking rivalries. This strategy follows a principal objective: domination, to which end it is attempted ideologically to demonstrate that in America, Western civilization is confronted by a magnitude of atomized peoples, differing from one another (every day more and more languages are “discovered”). Thus, in consequence, such peoples are believed incapable of forging a future of their own. In contrast to this, indigenous thinking affirms the existence of one—a unique and different—Indian civilization, from which the cultures of diverse peoples extend as particular expressions. Thus the identification and solidarity among Indians. Their “Indianness” is not a simple tactic postulated, but rather the necessary expression of a historical unity, based in common civilization, which the colonizer has wanted to hide. Their Indianness, furthermore, is reinforced by the common experience of almost five centuries of Eurocentric domination.9 “The past is also unifying,” Bonfil Batalla continues. The achievements of the classic Mayas, for instance, can be reclaimed as part of the Quechoa foundation In present-day Guatemalal, much the same as the French affirm their Greek past. And even beyond the remote past which is shared, and beyond the colonial experience that makes all Indians similar, Indian peoples also have a common historic project for the future. The legitimacy of that project rests precisely in the existence of an Indian civilization, within which framework it could be realized, once the ‘chapter of colonialism ends. One’s own civilization signifies the right and the possibility to create one’s own future, a different future, not Westem.”°

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AT: Small Business CP

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1. Native Entrepreneurs are doing exceptionally. Jerome Uher 05, “Native American Entrepreneurship - "Challenges and Opportunities for Rural Communities.” Montana Associated
Technology Roundtables, 3/14/05, http://www.matr.net/article-13987.html Despite considerable economic and social obstacles, entrepreneurial business activity on and around Indian reservations is gaining momentum, according to a report released today by CFED and the Northwest Area Foundation. The report, Native Entrepreneurship: Challenges and Opportunities for Rural Communities, looks at the current state of Native non-gaming entrepreneurship and analyzes the support network available to native entrepreneurs. Native Entrepreneurship: Challenges and Opportunities for Rural Communities by the Corporation for Enterprise Development (CFED) and Northwest Area Foundation is available at http://www.cfed.org/documents/Native ... eurship.pdf. In addition to U.S. Census and other trend data showing the number of Native-owned small businesses growing, the report notes that among firms earning more than $50,000 in profits, these companies outperform other minority-owned ventures. Dun and Bradstreet data show that Native American businesses, while representing only 5 percent of minority firms, perform higher than their counterparts in average sales volume and number of employees.

2. Turn- Resource development and use is a pre-requisite to the promotion of entrepreneurship JENNIFER MALKIN. CFED December 2004 “Native Entrepreneurship.”
http://www.cfed.org/imageManager/_documents/Native_Entrepreneurship.pdf The issues of control and use of assets are critical in any Native entrepreneurship development strategy. Tribes own lands rich in resources, such as timber, range and crop land, oil and gas reserves, uranium deposits, and water reserves, yet most tribes and individual Native Americans have little or no use of or control over their own assets. 41 Because much of the land on Indian reservations is held in trust by the federal government, either for the tribe or for private families, it is difficult for aspiring entrepreneurs to use their trust land as collateral when working with banks to gain access to credit. And because of flawed accounting by the federal government, many individuals with trust land do not have a clear accounting of the land they own.

3. Perm do both – If the small businesses are enough to make Natives selfsufficient they won’t have to use the production tax credits much, takes out the link to the disad

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4. Can’t solve self determination A. No modeling, our Nauman evidence is specific to environmental leadership they don’t cause lower developing countries to shift to renewable energy B. Environmental policy key to internal self-determination and it has to be the federal government
Dean B. Suagee, J.D., University of North Carolina, 1976; LL.M., The American University, 1989; Associate, Hobbs, Straus, Dean & Wilder, Wash-ington, D.C, SPRING AND SUMMER, 1992, “SELF-DETERMINATION FOR INDIGENOUS PEOPLES AT THE DAWN OF THE SOLAR AGE,” University of Michigan Journal of Law Reform, Lexis [*703] "Self-determination" for Indian peoples means something different under the domestic law of the United States than it does under international law because the Indian Self-Determination Act lacks the external component which is implicit in the concept of self-determination under international law. n132 Nevertheless, the Act does help to provide the financial means through which tribal governments exercise a substantial measure of autonomy or internal self-government. n133 If selfdetermination for indigenous peoples includes the right to make decisions about the use of natural resources within indigenous territories, then the Indian Self-Determination Act has helped tribes in the United States to exercise this right. n134 For example, the Indian Self-Determination Act has helped tribal governments to ac-quire adequate personnel for their staffs, which enables tribes to control the leasing of tribal lands for agricultural pur-poses or mineral extraction more effectively. n135 Moreover, the Indian Self-Determination Act has helped to empower Indian tribes in the national political arena. For example, a recent United States Supreme Court decision n136 created a law enforcement void in Indian country by holding that tribes lack criminal jurisdiction over nonmember Indians (that is, Indians who are not members of the tribe on whose reservation a crime is alleged to have been committed). n137 Tribal officials took the lead in making the case to Congress for legislation reversing the Supreme Court and reinstating tribal jurisdiction. n138 The existence of tribal police departments [*704] and court systems, most of which rely on selfdetermination contracts for a substantial part of their operating budgets, was one factor in the congressional decision to reinstate tribal jurisdiction. n139 Federal policies toward Indian tribes during the "self-determination" era have not been limited to acts of Congress that are specifically directed towards Indians. Rather, a new federalism has emerged in which many federal agencies administer programs in ways that recognize the separate sovereign status of tribal governments. n140 In one area in par-ticular -- environmental protection -- recent changes in federal law provide a model for indigenous autonomy that is promising for indigenous peoples throughout the world. 1. Environmental Protection in Indian Country -- Federal environmental law in the United States has evolved as a partnership between the federal government and the states. Federal statutes provide an overall framework, but state governments assume much of the responsibility for establishing regulatory programs, setting standards, issuing permits, and taking enforcement action. In the last decade, several major federal environmental laws have been amended to au-thorize the Environmental Protection Agency (EPA) to treat Indian tribes as states for certain purposes. These laws include the Safe Drinking Water Act (SDWA), n141 the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA, also known as Superfund), n142 the Clean Water Act (CWA), n143 and the Clean Air Act (CAA). n144 The implementation of these amendments will require long-term commitments on the part of both the EPA and those tribes that choose to be treated as states. n145
[*705] The policy to treat Indian tribes as states under these laws is premised on the principle of inherent tribal sovereignty. As the EPA has explained in regulations implementing the amendments to the Clean Water Act, the fed-eral statute does not constitute a delegation of authority from Congress to the tribes. n146 Rather, tribes must have their own authority to carry out environmental regulatory

programs. In light of the fact that many Indian reservations include substantial areas of non-trust lands, the EPA specifically addressed the issue of whether tribes have the authority to regulate water quality on non-trust lands within reservation boundaries as an aspect of inherent sovereignty. The EPA concluded that tribes generally do have such authority. n147 Tribal governments' efforts to regulate non-Indians within reservation boundaries often encounter resistance. n148 Nevertheless, federal courts have upheld such efforts in cases in which important tribal interests are at stake. n149 In the environmental protection context, the federal statutes and implementing regulations have set the stage for tribal author-ity to continue to withstand challenge. n150

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4. Hundreds of federal economic development programs already exist, lack of awareness is the problem
JENNIFER MALKIN. CFED December 2004 “Native Entrepreneurship.” http://www.cfed.org/imageManager/_documents/Native_Entrepreneurship.pdf According to a 2001 report by the General Accounting Office (GAO), tribes and tribal members had access to about 100 mainstream federal economic development programs. Though according to the GAO, aside from programs through the Department of the Interior (DOI), “little information is known about the effectiveness of mainstream federal economic development programs as they relate to Indians.” 57 Over the last 10 years, federal agencies have developed programs aimed at increasing investment in Native American economic and entrepreneurship development. As of 2001, 16 federal programs specifically targeted Native Americans (additional Native-specific programs have been created since). 58 These programs support activities that include assistance with economic development planning; commercial code development; financing for businesses; and capacity building, such as project grants, block grants, loans, loan guarantees, and technical assistance. And in 2002 at the National Summit of Emerging Economies in Phoenix, Arizona, the Assistant Secretary of the DOI declared the goal of creating 100,000 new jobs in Indian country and implementing policies to promote economic and entrepreneurship development on reservations by the year 2008. 59

5. The decentralized nature of the wind turbines are key to self sufficiency and self determination that’s The Task Force evidence and Alternative energy is key to tribal economies and thus self-determination – distributed generation proves
Dean B. Suagee, J.D., University of North Carolina, 1976; LL.M., The American University, 1989; Associate, Hobbs, Straus, Dean & Wilder, Wash-ington, D.C, SPRING AND SUMMER, 1992, “SELF-DETERMINATION FOR INDIGENOUS PEOPLES AT THE DAWN OF THE SOLAR AGE,” University of Michigan Journal of Law Reform, Lexis One of the most obvious ways to promote sustainable energy development at the tribal level is to make use of exist-ing federal assistance programs which, at least on paper, encourage energy efficiency and allow the use of solar and other renewable energy technologies. A considerable portion of economic activity in Indian country is associated with construction of homes and other buildings, and tribal governments can direct this construction along soft energy paths. One such example is the Community Development Block Grant program, administered by the Department of Housing and Urban Development (HUD). n335 Another is HUD's Indian [*744] housing program, which expressly allows for energy efficiency and renewable energy systems. n336 Examples of passive solar housing in Indian country remain the exception rather than the norm, however. n337 Tribes could change this by the relatively simple act of adopting perform-ance-based building codes that require both energy efficient housing and passive solar design practices. n338 Tribal land use or environmental regulatory ordinances could require consideration of solar orientation so that even if solar design is not used in initial construction, the cost of retrofit solar applications could be minimized. Tribal leaders can help to make reservation economies more productive and more self-sufficient by conceptualizing homes as places in which economic activities take place, by encouraging homes to be built to allow for such possibilities, and by incorporating attached solar greenhouses or passive solar workshops, studios, or home office spaces. n339 In the dominant American society, working at home is a trend that will save energy by alleviating the need to commute to work. For a variety of reasons, tribal leaders may want to encourage this trend in Indian country. A small number of tribes already operate their own electric utility authorities. n340 Such tribes could adopt regula-tory policies, like those adopted in California pursuant to the Public Utility Regulatory Policy Act (PURPA), n341 which encourage the [*745] development of decentralized sources of power using renewable resources such as wind and so-lar energy. n342 Tribes that regulate electric rates could adopt rate structures, such as time-of-day rates, to encourage [continues…]

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[continued without deletion] energy efficiency and passive solar energy. n343 Tribes that do not operate their own electric utilities or regulate electric power could consider doing so -- in ways that encourage efficiency and the use of small-scale renewable energy sources. Most tribes could investigate sponsoring the development of small power-generating facilities using wind, solar, and other renewable energy technologies. n344 Creative tribal attorneys could devise a variety of ways to finance such projects. For example, if such energy systems are part of the infrastructure for industrial development, they could be financed with tribal revenue bonds. n345 Another option would be to create limited partnerships with off-reservation in-vestors. The "socially responsible" investment movement would be a natural way to broker such investment opportuni-ties. n346 Tribes with revenue streams from bingo and other gaming operations should consider investing a portion of those revenues in sustainable energy development. Tribal leaders need to be aware that the very nature of the electric power industry is changing. Many electric utili-ties have developed innovative energy conservation programs; many others rely on small power-producers for most of their projected need to expand generating capacity. n347 Private companies market energy conservation services and take a share of the savings for their payment. n348 Tribal leaders could help to remake the electric utility industry by develop-ing new models [*746] for providing energy design and financial services to people living and doing business in In-dian country. Tribal colleges also can play leading roles in expediting the transition to the solar age. n349 Some of these roles are fairly obvious, since tribal colleges are the leading institutions of higher education on many reservations. Tribal col-leges strive to meet the needs of the communities that they serve, but they also influence the ways in which Indian peo-ple perceive their needs for higher education in the sense that, if particular fields of study are not offered, people may not even consider such fields as options. If Indian people are to comprise a major part of the workforce in the solar age, they will need to acquire appropriate job skills, and tribal colleges must provide opportunities to acquire these skills. Many state universities offer appropriate degree programs, and tribal colleges could help to make these programs acces-sible to Indian students. Some of the roles that tribal colleges could play are not so obvious. Some Indian educators have suggested that tribal colleges could engage in fee-generating consulting services. n350 There is certainly a need in Indian country for energy design services, and tribal colleges may be well suited to fulfill this need. Many state universities have expertise in energy design, and tribal colleges could serve as a link to help make such expertise available in Indian country. Tribal colleges also might devote some attention to issues involved in the transfer of soft-path technologies to the less-developed countries. Although there are important distinctions between communities in Indian country in the United States and communities in rural parts of the LDCs, there are some important parallels, too. By looking at tech-nology transfer in the LDCs, tribal colleges might find ways to expedite technology transfer in Indian country and to transfer technology in ways that are culturally compatible. Tribal colleges could also help to formulate models of tech-nology transfer that could be applied in LDC communities. Interactive software for microcomputers would be an im-portant part of such models. n351 As the multilateral [*747] development banks encounter increasing opposition to megaprojects, they can be expected to direct larger amounts of capital toward soft-path options, and there will be a growing need for successful models of technology transfer. Tribal leaders and educators should try to keep in mind that the homelands of many of the world's indigenous peoples are located in rural areas of LDCs. The people of these com-munities very well might be receptive to technology transfer models that have been developed and tested in Indian communities in the United States. Indigenous communities in the LDCs might be receptive to technical expertise pro-vided by American Indian consultants simply because of their common experience of trying to remain culturally distinct communities. n352 There is, of course, a political dimension to the transfer of soft-path technologies to indigenous communities. Pro-viding communities in indigenous areas with electricity by connecting them to power grids reinforces state authority over indigenous peoples, as does the practice of building transmission lines and oil pipelines through indigenous territo-ries. Providing electricity to indigenous communities through stand-alone systems has the potential to empower indige-nous peoples in a political sense and, because such stand-alone systems can readily incorporate telecommunications, this approach also has the potential to link indigenous communities into the growing global network of indigenous peo-ples. Thus, realizing the soft energy vision could support self-determination for indigenous peoples not only by reliev-ing the pressure on their homelands from exploitative "development," but also by empowering indigenous communities both to make their own decisions about the kinds of development that they want for themselves and to draw on the ex-periences of other indigenous peoples in making those decisions.

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Alt Causes to Entrepreneurialism
Native Entrepreneurs are doing well, but there are alt causes preventing negative solvency- lack of awareness
Jerome Uher 05, “Native American Entrepreneurship - "Challenges and Opportunities for Rural Communities.” Montana Associated Technology Roundtables, 3/14/05, http://www.matr.net/article-13987.html Despite these challenges, however, Native entrepreneurs are creating economic opportunities where many claimed none had existed. In order to help the Native entrepreneurs flourish, the report suggests a number of measures to improve opportunities for native small business. These include: • Closing the information gap about the state of native entrepreneurship and placing entrepreneurship on federal, state, and tribal policy agendas; • Implementing culturally appropriate strategies in the areas of entrepreneurship education, training and technical assistance, financing, and networks; • Providing comprehensive entrepreneur-focused services to native communities; and • Building on the effective programs currently in place.

Alt causes to lack of funds for new businesses.
JENNIFER MALKIN. CFED December 2004 “Native Entrepreneurship.” http://www.cfed.org/imageManager/_documents/Native_Entrepreneurship.pdf External equity investments are particularly difficult to obtain for Native American entrepreneurs for a variety of reasons including: 129 ■ Investor perception of unreasonably high risk surrounding equity investments on Indian land. Almost no institutions that provide nontraditional venture capital or equity investments targeted to Native communities. ■ No existing alternative financial institutions that offer equity products. (While some tribes have small loan funds, very few offer equity financing.) ■ Investor perception of no equity-ready businesses in Native communities. ■ Inadequate business support infrastructure. ■ Little awareness and knowledge among Native entrepreneurs about how to apply for an equity investment or even locate equity investors.

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N/U- Many Programs Now
The BIA is spending $8 million a year on promoting entrepreneurship JENNIFER MALKIN. CFED December 2004 “Native Entrepreneurship.”
http://www.cfed.org/imageManager/_documents/Native_Entrepreneurship.pdf Currently, BIA offers two programs (appropriations totaling approximately $8 million) specifically designed to promote business development on reservations. The BIA Loan Guaranty Program provides 30-year loan guarantees of up to 90% to private lenders who agree to finance Native American businesses. And the Indian Economic Development Tribal Credit Program provides direct grants to tribal governments to operate tribal credit programs and other economic development initiatives.

Many agencies offer huge amount of money as well as mentoring and contract to promote Native American business. JENNIFER MALKIN. CFED December 2004 “Native Entrepreneurship.”
http://www.cfed.org/imageManager/_documents/Native_Entrepreneurship.pdf A number of federal grants are available to promote Native American economic development. The grants are often used to promote business development strategies. Among them are the Economic Development Administration’s Tribal Planning Grants and U.S. Department of Health and Human Services’ Administration for Native Affairs Social and Economic Development Strategy Grants. Other agencies, such as the U.S. Department of Defense and Department of Transportation promote Native American small business development by offering special mentoring or contracting programs targeted to Native American businesses.

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Framework
1. Our framework for the debate is that the judge chooses between the plan or the status quo/a competitive policy option. This is bestA. Fairness- the Aff needs to be able to choose the framework for the debate so that it can weigh its 1AC, which makes up half of the Aff’s constructive offense. B. Education- frameworks that focus the debate on issues of assumption and rhetoric distract from topical policy education C. Reciprocity- if the Neg wants to challenge our framework they must do so in the (1NC/2NC) for reasons of fairness and to prevent unfair skew of the 1AR

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2. Dominance and genocide are inevitable without a shift in treatment of Natives
Ward Churchill, American Writer and Political Activist, former professor of ethnic studies at the University of Colorado at Boulder, Routledge 03 “From a Native Son” pg 395[ev] White male anarchists fret over possible “authoritarian” aspects of our societies—”You had leaders, didn’t you? That’s hierarchy!”’— while their feminist sisters worry that our societies may have been “sexist” in their functioning. (Oh no, boss. We too managed to think our way through to a position in which women did the heavy lifting and men bore the children. Besides, hadn’t you heard? We were all “queer,” in the old days, so your concerns about our being patriarchal have always been unwarranted.8’ ) Even the animal rights movement chimes in from time to time, discomfited that we were traditionally so unkind to “non-human members of our sacred natural order” as to eat their flesh. (Hey, no sweat, boss. We’ll jump right on your no-meat bandwagon. But don’t forget the sacred Cherokee Clan of the Carrot. You’ll have to reciprocate our gesture of solidarity by not eating any more fruits and vegetables either. Or had you forgotten that plants are non-human members of the natural order as well? Have a nice fast, buckaroo.) Not until such apologist and ultimately white supremacist attitudes begin to be dispelled within at least that sector of Euroamerican society which claims to represent an alternative to U.S./Canadian business-as-usual can there be hope of any genuinely positive social transformation in North America. And only in acknowledging the real rather than invented nature of their history as the German opposition has done long-since, can they begin to come to grips with such things. From there, they too will be able to position themselves— psychologically, intellectually, and eventually in practical terms—to step outside that history not in a manner which continues it by presuming to appropriate the histories and cultural identities of its victims, but in ways allowing them to recapture its antecedent meanings and values. Restated, Euroamericans, like their European counterparts, will then be able to start reconnecting themselves to their indigenous traditions and identities in ways which instill pride rather than guilt, empowering themselves to join in the negation of the construct of “Europe” which has temporarily suppressed their cultures as well as ours.

3. The Aff solves better – just rejecting makes secession inevitable resulting in the mass genocide of indigenous populations around the world in the scramble for control – that’s Shehadi and Thornberry 4. The plan allows indigenous people to utilize alternative energy for political empowerment. distributed generation lets indigenous people break free from a centralized system and prevent exploitative development –that’s suagee 1992 5. Perm - <insert relevant perm here>

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6. Indigenous self-determination is the best way to challenge the modern incarnation of the state
Maivan Clech Lam, Visiting Associate Professor at American University Washington College of Law, 2000, At The Edge of the State: Indigenous Peoples and Self-Determination, p. 211 The political flexibility in indigenous-state relations that indigenous peoples have recently asserted, not from a state of confusion but as a status of choice, may be the most creative political idea international society has heard in over 300 years. In 1648, European powers established the secular state, and the interstate system. Some time thereafter this political institution of
the state, armed already with the monopoly of force and the spoils of mercantilism, began to mimic, and appropriate to itself, many of the persuasive attributes of religion and culture as well. This powerful, wealthy, and now also seductive political institution was then exported by Westerners to the rest of the world. By the end of the 20th century, most of the former colonies had driven back their Western rulers, but not their legacy. Alone in being unwilling or

unable to replicate the nation-state in order to defeat it, indigenous peoples now suggest an experiment: the de-linking of ethnicity and statehood. Separation to be followed by re-engagement, but with an appreciation of distance and nonappropriation this time, in the construction of new ways, or perhaps re-construction of old ways of being, relating, exchanging. A way that largely defangs the state of its coercion, making its repudiation thereby possibly superfluous. Modern history is wholly against this experiment. But the longer cumulative legacy, is not. So, perhaps, possibilities remain.

6. The Alt fails – the way Alfred presents native sovereignty is overly simplistic Fagan, American Indian quarterly/winter & spring 2004/vol. 28, nos. 1 & 2<“Aboriginal Nationalism in Taiaiake Alfred’s Peace, Power, Righteousness: An Indigenous Manifesto” Project Muse>
kristina Despite the fact that Alfred is clearly action oriented, however, one of the criticisms that has been brought against him is that his argument, because it is so focused on leaders, is not grounded in the lives of the majority of Aboriginal people. For instance, while he argues that Aboriginal people must “live” their traditions, he gives very few examples of what this would mean in practice. He also gives virtually no examples from his own experiences in trying to live the principles that he pronounces. This emphasis on philosophy over practice becomes especially striking when we compare his book to those of two other Kanien’kehaka nationalist writers, Brian Maracle and Patricia Monture-Angus—both of whose writing embraces the idea that the personal is political. While both Maracle and Monture-Angus believe, like Alfred, that their people should be self-governed by the Rotinohshonni, their personal experiences in trying to implement and live such a governance keep their views complicated and continually qualified. Maracle, for instance, admits that he idealized the Rotinohshonni before he actually lived on the Six Nations Reserve. Now, while still a believer, he is nevertheless critical of the slow pace of the confederacy and their lack of impact on everyday reserve life.42 MontureAngus similarly contemplates the difficulty in fitting her political principles with life on her husband’s reserve. For example, she describes her idea that people on the reserve should, as an act of sovereignty, try to deal with crime within their own community whenever possible rather than turning to the RCMP (the Canadian police force). Yet when her own son was assaulted by someone in power within the band government, she felt that she had no choice but to go to the police.43 These are the kinds of tensions that emerge from the complexity of real life—tensions with which Alfred chooses not to deal. As a result, his argument often seems overly simplistic; Aboriginal people are presented as either traditional nationalists or assimilated sellouts. For most Aboriginal people, I would suggest, the issue is not so black and white. As Joyce Green writes, Alfred’s nationalist model does not address “the syncretic nature of cultures. . . and of the many contingent choices individuals make in their cultural selections,” and she worries that such an argument has the potential to become “oppressive fundamentalist formulations.” 44

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7. The Alt fails Alfred is out of touch with most natives Fagan, American Indian quarterly/winter & spring 2004/vol. 28, nos. 1 & 2<“Aboriginal Nationalism in Taiaiake Alfred’s Peace, Power, Righteousness: An Indigenous Manifesto” Project Muse>
kristina Alfred himself admits that his views are quite different from those of 95 percent of Aboriginal people in Canada.45 The Rotinohshonni style of nationalism is unique. This is in part because Iroquois communities still have a functioning traditional government that many people see as more valid than the band councils (in fact, on the Six Nations Reserve, less than 10 percent voted in the 1993 band council election).46 Furthermore, Atsenhaienton claims that a nationalist stance is deeply embedded in his people: “it’s culturally within the make-up of our people—because of our constitution, our state of mind, our worldview—that we look at ourselves as an independent people.”47 And the Kanien’kehaka in particular were deeply impacted by a prolonged and violent standoff in Oka, Quebec, in 1990, leading to great anger toward the federal government and a strong stirring of Kanien’kehaka nationalism. It would be a mistake to look for Alfred’s style of nationalism in Aboriginal writers from across Canada.

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2ac AT Plenary power K
1. <insert framework> 2. The Trust doctrine is distinct from plenary power—it’s not based in control, but an affirmative obligation to protect Native American sovereignty.
(Mary Christina, Wood, University of Oregon Assistant Law Professor “Indian Land and the Promise of Native Sovereignty: The Trust Doctrine Revisited”, 1994 Utah L. Rev. 1471)
The Kagama and Worcester cases, then, suggest very distinct paradigms resting at opposite ends of the spectrum of federal-Indian relations. At one end is the sovereign trust model which presumes [*1504] native sovereignty and very limited federal power, and obligates the federal government to protect the separatism of the native nations. At the other end of the spectrum is the Kagama "guardian-ward" model which draws on tribal dependency and the federal duty of protection to support nearly unchecked federal power over tribes, including power over their internal governments. The Kagama model is directed less at assuring viable separatism and more toward promoting assimilation. Different though they are, the two models are often treated synonymously in the courts and in commentary. Understandably, this has led to confusion in the courts and tremendous uncertainty regarding the potential role of the trust doctrine in Indian law today. In evaluating contemporary use of the trust doctrine, it is important to note that, while many modern cases refer to the "guardianward" relationship in describing federal-Indian relations, the Kagama case did not wholly displace Worcester's sovereign trust model. Rather, the Worcester and Kagama cases have left coexisting, if confused, legacies. Worcester remains precedent today n145 and the treaties which embody a sovereign trust model endure as well. Those treaties still control federal-Indian relations and are secured by legal consider ation consisting of vast amounts of ceded native land. n146 Further, the promise of native separatism which underlies the land cessions remains a central feature of contemporary Indian policy. Despite Kagama's language, which associated plenary power with a trust-like responsibility inhering in a "guardian-ward rela tionship," it is critical to delink the trust doctrine and the plenary power doctrine. n147 Notions of federal responsibility existed long be- [*1505] fore Kagama, and a sovereign trust paradigm such as the one suggested in Worcester would support federal responsibility apart from unfettered federal dominion. And certainly the association between the trust doctrine and plenary power should have no place in the context of challenges to agency action because it is well settled that agencies do not have plenary power over tribes. Courts have allowed only Congress that authority. n148

3. The trust doctrine is essential to protect tribal natural resources— it should be delinked from its past associations with plenary power.
(Mary Christina, Wood, University of Oregon Assistant Law Professor “Indian Land and the Promise of Native Sovereignty: The Trust Doctrine Revisited”, 1994 Utah L. Rev. 1471)
The trust responsibility remains a focal point for tribes in their efforts to gain federal protection of native lands and resources. For example, over the past few years the Columbia River Basin tribes that have treaty rights to harvest salmon have urged federal agencies to fulfill their trust responsibility by restoring salmon populations, controlling water pollution, and conserving water in streams. n153 The trust responsibility is gaining renewed attention in the Clinton administration as well. In an historic meeting on April 29, 1994, with over 300 tribal leaders, the President made a pledge to fulfill his trust responsibility. n154 Several agencies within the executive branch are now developing trust policies to guide their actions affecting tribes. n155 But despite the growing need for enforcing the federal responsibility owed to native nations, and a corresponding tribal reliance upon the trust doctrine to support demands for protection of natural resources, the trust doctrine remains encumbered by its past association with plenary power in the Kagama case. n156 Because it is of- [*1507] ten still characterized as emanating from a "guardian-ward" relationship, the trust responsibility is blemished by policies from past eras which supported federal dominion over tribes and assimilation of native people. Accordingly, it is sometimes rejected as a tool to protect native rights. n157

2ac AT Plenary power K
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AT: Essentialism DDI 2008 GT Logan 4. Perm <insert relevant perm> 5. Plenary power has been used for productive means and can not hurt Native American existence
Peter d'Errico, Wicazo Sa Review, Vol. 14, No. 1, Indigenous Resistance and Persistence, (Spring, 1999),pp. 7-28, University of Minnesota Press <"Native Americans in America: A Theoretical and Historical Overview" Jstor> "American Indian sovereignty" under federal "plenary power" is a legal scheme especially useful to the United States because it denies indigenous self-determination in the name of indigenous sovereignty. At the same time, it justifies federal control over lands and economic resources that might otherwise be viewed as subject to state and local jurisdictions. On the basis of this judicially created nonsovereign "tribal sovereignty," the United States has built an entire apparatus for dispossessing indigenous peoples of their lands, social organizations, and original powers of self-determination. George Orwell's Big Brother would have been proud of such doublethink. One of the most visible of Native American issues at the close of the twentieth century is gaming-high-stakes casinos on "Indian reservations," out of reach of state tax and regulatory powers. Similar tax and regulatory issues are presented in controversies over "smoke-shop" and other "reservation" business operations. Some states-New York in the case of Mohawk businesses-have fought for control over revenue from Native economic ventures; others-Connecticut in the case of the monumentally profitable Pequot casino-have accommodated them- selves to a negotiated share of the proceeds. Still othersMaine in the case of Penobscot and Passamaquoddy investments-have simply accepted benefits that overflow from businesses based outside their powers but inside their borders. Economic success has not immunized Native Americans from discrimination. Before the era of reservation casinos, Native Americans were accused of welfare dependency, as if federal services provided to them were largesse and not the result of treaty agreements in which land sufficient for self-subsistence was exchanged for promises of government economic support. After the success of high-stakes gaming, Native Americans were criticized as recipients of undeserved wealth, benefiting from an "inequality" of rights in their favor. Not all casinos are productive, let alone of great wealth. Not all reservation businesses succeed, let alone produce overflowing revenue streams. For the majority of Native communities, poverty and welfare dependence are the norm, as they have been for decades. Many enduring issues of Native Americans in America are occasioned by wide- spread, endemic economic depression. Despite such circumstances, Native communities have retained their identities as separate peoples and persisted in asserting rights as organized societies separate from the American "mainstream." Despite centuries of overt and covert aggression against them as peoples, despite every attempt to convert Native political conflicts from sovereignty struggles to civil rights issues, Native Americans endure as independent societies with the goal, if not the guarantee, of independent political existence.

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A. Not all forms of essentialism are bad and any negative effects can be solved through strategic essentialism
Paul Brodwin, Department of Anthropology, University of Wisconsin-Milwaukee, Anthropological Quarterly, Spring 2002, Vol. 75 (number 2), pp. 323-330 <"Genetics, Identity, and the Anthropology of Essentialism" http://www.uwm.edu/~brodwin/AnthroQuart1.PDF> What is the place of expert knowledge (of the geneticist, the philosopher, the anthropologist) in the scenario about Y-chromosomal tracing and African-American genealogies (or similar genetic identity projects)? Is it to replace a misunderstanding of genetics with a true understanding? Is it to warn the “users” of genetic knowledge not to make mistakes? Is it to become “culture broker” between lay and scientific views? If so, should we carry out the brokerage in only direction (make the sure the lay views conform to the scientific views?) Why not the other way around? What if the misunderstanding of genetics, in a particular case, actually has politically advantageous (and progressive) effects(such as increased pride in one’s heritage)? Should expert voices still attempt to demolish genetic essentialism? One alternative use of expert knowledge is to support what one scholar calls strategic essentialism. From this standpoint, the ratification, via genetic knowledge, of one’s collective memory (“my group’s story/memory just become scientific history; its ‘fiction’ just became non-fiction”) should not be corrected. Redemptive memory carries its own justification; it has strategic uses given certain oppressive political realities. Therefore, the repossession of a dispossessed past should not be blocked by an otherwise salutary warning against genetic essentialism (cf. Williams and Chrisman 1994: 11). Such questions about expert authority expert for whom, and to whose benefit? –must be asked anew for each case: Lemba identity as Jews, African-American ancestry projects, and the use (or non-use) of genetic evidence for various identity claims among Native Americans. In the contests over recognition, expert authorities do not stand outside or above the fray. Their opinions affect who controls recognition and how claims of connection are evaluated. In the long run, they also affect how resources get allocated and how people imagine their “deep comradeship” and authentic selves. Entering this field demands humility as well as attention to who is participating (and not participating) in the debate and among the circle of experts.

2. Perm <insert relevant perm> 3. Tribal identity is key to forging social group towards political change and solving racism
Paul Dourish, Donald Bren School of Information and Computer Sciences University of California, 2008 Irvine <"Points of Persuasion: Strategic Essentialism and
Environmental Sustainability" http://www.pervasive2008.org/Papers/Workshop/w2-05.pdf.>

Postcolonial scholar Gayatri Spivak (1987) coined the term “strategic essentialism” to refer to the ways in which subordinate or marginalized social groups may temporarily put aside local differences in order to forge a sense of collective identity through which they band together in political movements. Post-war resistance movements to colonial rule often relied on just such mechanisms by which particular forms of ethnicity or nation-hood were used to align disparate groups towards common goals. Spivak’s observation is that, while such terms as “indigenous” peoples or similar labels result in problematic and unstable groupings that erase significant differences and distinctions (rethinking colonial categories), nonetheless these acts of identity formation support important political ends. So while terms such as “Indian,” “African”, or “Native American” may be manufactured and suppress highly significant differences, they nonetheless do important work.

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Essentialism is framed as a dirty word but anti-essentialism can be worse
Edward F. Fischer, Associate Professor of Anthropology and Director of the Center for Latin American and Iberian Studies at Vanderbilt University, et. al, (Quetzil E. Castañeda, Johannes Fabian, Jonathan Friedman, Charles Hale, Richard Handler, Bruce Kapferer and Michael Kearney), “Cultural Logic and Maya Identity: Rethinking Constructivism and Essentialism,” Current Anthropology, Vol. 40, No. 4 (Aug. - Oct., 1999), pp. 473-499, Jstor.

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Strategic essentialism is sometimes the only option
Deborah G. Chay, Director of the Nicholas Institute for Environmental Policy Solutions “Review: Reconstructing Essentialism,” Reviewed work(s): Essentially Speaking: Feminism, Nature, and Difference by Diana Fuss, Diacritics, Vol. 21, No. 2/3, A Feminist Miscellany (Summer - Autumn, 1991), pp. 135-147, Jstor At first glance, Fuss's intermediate position is appealing. Perhaps feminist sectarianism doesn't necessarily lead to political implosion or paralysis; perhaps there is an alternative: both/and rather than neither/nor. Fuss is not the first to suggest such a compromise; nor is she the only feminist currently advocating such a stance. She readily acknowledges her debt to Gayatri Chakravorty Spivak, who has probably been the most influential and widely cited feminist scholar to advocate the use of "strategic essentialism." She credits Stephen Heath with having launched the poststructuralist reexamination of essentialism by suggesting that "the risk of essence may have to be taken" ("Difference" 1978, qtd. in Fuss 18] but engages primarily with Spivak, concentrating on her essay "Subaltern Studies: Deconstructing Historiography.". Most of Fuss's appeal to Spivak is made in the chapter "Reading Like a Feminist" under the subheading "The Essentialism in Anti-Essentialism." Fuss represents Spivak's reading of the Subaltern Studies group and project as being substantially similar to her own argument that Irigaray's appropriation of a female essence is ultimately anti- essentialist. Fuss (to my mind incorrectly) sees Spivak's use of the concept of strategic essentialism as constitutive of a sort of apology for and revival of bourgeois humanism. She quotes the following lengthy passage from "Subaltern Studies: Deconstructing Historiography": Although the group does not wittingly engage with the post-structuralist understanding of "consciousness," our own transactional reading of them is enhanced if we see them as strategically adhering to the essentialist notion of consciousness, that would fall prey to an anti-humanist critique, within a historiographic practice that draws many of its strengths from that very critique. . .. If in translating bits and pieces of discourse theory and the critique of humanism back into an essentialist historiography the historian of subalternity aligns himself to the pattern of conduct of the subaltern himself, it is only a progressivist view, that diagnoses the subaltern as necessarily inferior, that will see such an alignment to be without interventionist value. Indeed it is in their very insistence upon the subaltern as the subject of history that the group acts out such a translating back, an interventionist strategy that is only partially unwitting. [20607] Fuss's gloss on this quotation is as follows: Wittingly or unwittingly, Subaltern Studies deploys essentialism as a provisional gesture in order to align themselves with the very subjects who have been written out of conventional historiography.... Spivak's simultaneous critique and endorsement of Subaltern Studies essentialism suggests that humanism can be activated in the service of the subaltern; in other words, when put into practice by the dispossessed themselves, essentialism can be powerfully displacing and disruptive. [my emphasis in bold type; 31-32] There is a subtle but significant slippage between the Spivak quotation and Fuss's paraphrase of it. For Spivak, strategic essentialism is an explicit practice and politics of reading, not, as Fuss suggests, an attribute proper to a particular activity or set of practices. To repeat with emphasis Spivak's own words as quoted in Fuss, it is "our own transactional reading of[the Subaltern Studies Group] which is enhanced if we see them as strategically adhering to the essentialist notion of consciousness." The endogenous politics and practices of the Subaltern Studies group (and, by extension, of any extrahegemonic or emergent collective) are not themselves at issue, at least not directly. It is rather the conditions of possibility for the representation of these subjects which are at stake in the debate as Spivak depicts it.

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The aff is not a romanticized traditional notion of native Americans
Dana E. Powell, Professor of Anthropology at UNC 2006, Technologies of Existence: The indigenous environmental justice movement, http://www.palgrave-journals.com/development/journal/v49/n3/pdf/1100287a.pdf [Benjamin Lopez] This recent emergence of renewable energy technologies on reservations inspires analysis of natural resource conflicts to move beyond models of resistance in understanding controversies and social struggles over resource management and energy production to seeing the ways in which concepts such as ‘sustainability’ are being resignified through the introduction of what I argue are imaginative technologies of existence. I stress existence over resistance not to obscure the contestations of federal, tribal, and utility consortium proposals for natural resource development, which have been importantly detailed elsewhere (Gedicks, 2001), but to emphasize the creative, imaginative work of the movement in envisioning and enacting alternative ways for tribes to self-sustain and grow healthy economies, ecologies, cultures, and bodies in an integrated manner. There are other technologies of existence engaging particular, situated natural resource conflicts within the movement: recovery of customary foods and harvesting practices, coalition-building around water rights and resources, restoration of salmon and sturgeon populations, and projects involving information and film media as a means of preserving and producing the ‘natural’ resource of culture itself. This constellation of resources energy, food, water, and culture are of central concern to the IEJM and creating sustainable methods of generating each advances the ‘good life’ towards which the movement’s work strives. In this sense, wind and solar projects on reservations are not technologies of existence to ‘make live’ in the biopolitical sense of a population’s ensured biological survival and micro-practices of regulation, but technologies that articulate with desire, history, localization, imagination, and being in a way in which the meaning of ‘existence’ exceeds a definition of continued biological survival or reproduction. These technologies are about a particular quality of existence that speaks to the late Latin root of the word, existentia, which comes from the earlier Latin exsistere, meaning ‘come into being,’ itself a combination of ex_ ‘out’ þ sistere ‘take a stand’ (O.A.D., 2001). Thus, when ‘existence’ recovers the notions of coming into being, externality, and taking a stand, what it means to live and to grow is inherently active and perhaps even risky. Sustainability, then, in the context of the IEJM, is a bold existence and set of practices informed by a particular history of struggle and oriented towards a future of well-being, in which the economic, the ecological, and the cultural are interdependent and mutually constitutive. The movement’s concept of ‘environmental justice’ conveys such a non-reductive understanding of sustainability as a certain quality of existence. The concept proliferates and circulates through the geographically dispersed installations of wind turbines and solar panels (among the other technologies of existence) and is reinforced at national and transnational gatherings of HTE and the IEN. As an enunciation of sustainability, ‘environmental justice’ recalls specific cases of contamination on indigenous lands, articulates with broader environmental and anti-racist movements worldwide, and critiques dominant approaches to development by posing concrete alternatives. This is a critical, alternative knowledge being produced through the networked practices of a specific social movement. It is not the sustainability of the‘triple bottom line’ in neo-liberal theory that self-congratulates its attention not only to capital but also to pre-figured notions of the environment and society; though it is also not a romanticized ‘traditional’ wisdom of indigenous people, endowed with some sort of essentialist knowledge and protective role for the natural world. It is, instead, a sophisticated hybrid concept in which knowledges of wider energy and trade markets, science and engineering, local resource management issues, global processes of climate change and wars for oil, and the relational knowing that comes with enacted attachments to place, converge to inform and generate a call for ‘environmental justice,’ implemented through specific material technologies.3.) Environmental Justice intrinsically links postmodern identity politics to concrete material policies – plan solves by instituting a tangible recognition of both culture and community involvement by solving for key material concerns

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1. <insert framework> 2. The ‘sustainable’ technology of the plan is also ontological—it represents a different way of knowing and engaging the world, which must be evaluated in comparison to current fossil fuel extraction. Powell, M.A. in Anthropology @ UNC-Chapel Hill 2006
(Dana E., “Technologies of Existence: The indigenous environmental justice movement”, Development (2006) 49(3), pp. 125–132, http://www.palgrave-journals.com/development/journal/v49/n3/pdf/1100287a.pdf) The significance of the relatively recent emergence of wind and solar technologies as tribal development projects is that tribes are increasingly connecting into this network of renewable energy activism as a means of economic growth, ecological protection, and cultural preservation. Seemingly an oxymoron -- to preserve ‘tradition’ with the use of high-tech machines-- advocates of wind and solar power emphasize that cultural preservation is itself about flexible practices, change, and honouring worldviews in which the modernist distinction between nature and culture is nonsensical. In other words, when some of the most important cultural resources are the land itself (i.e., mountains for ceremonies, waters for fishing, soils for growing indigenous foods), to protect nature is also to protect culture. As Bruno Latour has also argued, this natures-cultures epistemology is also ontology --a different way of knowing, inhabiting and engaging the world (Latour, 1993, 2005). Wind turbines and solar photovoltaic panels are articulating with this worldview, and at the same time articulating with many tribes’ desires to move beyond fossil fuel extraction as a primary means of economic development, and towards natural resource practices that are more ‘sustainable’. The wind and the sun introduce new elements of common property to be harnessed for alternative development projects and increased decentralization and ownership over the means of power production.

3. Perm: do the plan through a weak ontology allowing us to include multiple existential realities
(Stephen K; leaches political theory at Virginia Tech; AfIirmation and Weak Ontology; MUSE) Strong ontologies are foundational in the traditional sense; they promise some sort of solid truth - about human nature, science, Gad, and so on - upon which ethical and political views ought to be founded. Weak ontologies, on the other hand, offer only figurations of human being. But not just any sort of figuration will do; it must figure us in light of certain existential realities,
most notably language, mortality or finitude, natality and the articulation of 'sources of the self.'[2]These figurations are accounts of what it is to be a certain sort of creature: first, one entangled with language; second, one with a consciousness that it will die; third, one which, despite its entanglement and limitedness, has the capacity for radical novelty; and, finally, one which gives definition to itself against some ultimate background or 'source,’ to which we find ourselves always already attached, and which evokes something like awe, wonder, or reverence. This sense of a

background that can he both empowering and humbling is misconstrued when grasped either as something with a truth that reveals itself to us in an unmediated way or as something that is simply a matter of radical choice. When I speak of 'existential realities,' I mean to claim that language, finitude, natality and sources are in some brute sense universal constitutive of human being, but also that their meaning is irreparably underdetermined in any categorical sense. There is, for example, simply no demonstrable essence of language or true meaning of finitude. Weak ontologies offer figurations of these universals, whose persuasiveness can never be fully disentangled from an interpretation of present historical circumstances. Fundamental conceptualization here thus means acknowledging that gaining access to something universal about human being and world is always also a construction that cannot rid itself of a historical dimension. For weak ontology, human being is the negotiation of these existential realities. But when this negotiation is imagined in the fashion of Teflon self powering itself through the world, there has been an unacceptable impoverishment of figuration. Accepting such an image implies, for example, a figuration of language as, in essence, an instrument: in effect we always 'have' language; it never 'has' us. Of course, as I just emphasized, such a claim of impoverishment can never he disentangled from historical claims; in this case, claims regarding, say, the various 'costs' that Western modernity has had to pay for such a tight embrace of the disengaged self. It is through a renewed figuration of these existential universals that weak ontologies compose portraits of human being that are 'stickier' than that of the disengaged self; portraits that are, for example, more attuned to how language 'has' us, and more attentive to vivifying our finitude.

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4. Turn – renewable energy technology is distinct from fossil fuel extraction. Heidegger’s inability to distinguish between the two is problematic. 5. Their alternative dooms us to extinction – only pragmatic political action can solve and allow the space for metaphysical investigation. [AT ontology
outweighs nuclear war] Ronald E. Santoni, Phil. Prof @ Denison, 1985, Nuclear War, ed. Fox and Groarke, p. 156-7

To be sure, Fox sees the need for our undergoing “certain fundamental changes” in our “thinking, beliefs, attitudes, values” and Zimmerman calls for a “paradigm shift” in our thinking about ourselves, other, and the Earth. But it is not clear that what either offers as suggestions for what we can, must, or should do in the face of a runaway arms race are sufficient to “wind down” the arms race before it leads to omnicide. In spite of the importance of Fox’s analysis and reminders it is not clear that “admitting our (nuclear) fear and anxiety” to
ourselves and “identifying the mechanisms that dull or mask our emotional and other responses” represent much more than examples of basic, often. stated principles of psychotherapy. Being aware of the psychological maneuvers that keep us numb to nuclear reality may well be the road to transcending them but it must only be a “first step” (as Fox acknowledges), during which we Simultaneously act to eliminate nuclear threats, break our complicity with the ams race, get rid of arsenals of genocidal weaponry, and create conditions for international goodwill, mutual trust, and creative interdependence. Similarly, brings out regarding what motivates the arms race,

in respect to Zimmerman: in spite of the challenging Heideggerian insights he many questions may be raised about his prescribed “solutions.” Given our need for a paradigm shift in our (distorted) understanding of ourselves and the rest of being, are we merely left “to prepare for a possible shift in our self-understanding? (italics mine)? Is this all we can do? Is it necessarily the case that such a shift “cannot come as a result of our own will?” – and work – but only from “a destiny outside our control?” Does this mean we leave to God the matter of bringing about a paradigm shift? Granted our fears and the importance of not being controlled by fears, as well as our “anthropocentric leanings,” should we be as cautious as Zimmerman suggests about out disposition “to want to do something” or “to act decisively in the face of the current threat?” In spite of the importance of our taking on the anxiety of our finitude and our present limitation, does it follow that “we should be willing for the worst (i.e. an all-out nuclear war) to occur”? Zimmerman wrongly, I contend, equates “resistance” with “denial” when he says that “as long as we resist and deny the possibility of nuclear war, that possibility will persist and grow stronger.” He also wrongly perceives “resistance” as presupposing a clinging to the “order of things that now prevails.” Resistance connotes opposing, and striving to defeat a prevailing state of affairs that would allow or encourage the “worst to occur.” I submit, against Zimmerman, that we should not, in any sense, be willing for nuclear war or omnicide to occur. (This is not to suggest that we should be numb to the possibility of its occurrence.) Despite Zimmerman’s elaborations and refinements his Heideggerian notion of “letting beings be” continues to be too permissive in this regard. In my judgment, an individual’s decision not to act against and resist his or her government’s preparations for nuclear holocaust is, as I have argued elsewhere, to be an early accomplice to the most horrendous crim against life imaginable – its annihilation. The Nuremburg tradition calls not only for a new way of thinking, a “new internationalism” in which we all become co-nurturers of the whole planet, but for
resolute actions that will sever our complicity with nuclear criminality and the genocidal arms race, and work to achieve a future which we can no longer assume. We must not only “come face to face with the unthinkable in image and thought” (Fox) but must of nuclear weaponry.

act now - with a “new consciousness” and conscience - to prevent the unthinkable, by cleansing the earth Only when that is achieved wll ultimate violence be removed as the final arbiter of our planet’s fate.

6. Management of nature and the world is inevitable and the alternative’s approach doesn’t solve status quo policies that are worse than the plan – like oil companies, industrialized agriculture, destruction of the rainforests, or nuclear energy,

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7. It’s impossible to determine an answer to being – ontological questioning results in an infinite regress and total political paralysis Emmanuel Levinas, professor of philosophy, and Philippe Nemo, professor of new philosophy, Ethics and Infinity, 1985, pg. 6-7
Are we not in need of still more precautions? Must we not step back from this question to raise another, to recognize the obvious circularity of asking what is the “What is . .?“ question? It seems to beg the question. Is our new suspicion, then, that Heidegger begs the question of metaphysics when he asks “What is poetry?” or “What is thinking?”? Yet his thought is insistently anti-metaphysical. Why, then, does he retain the metaphysical question par excellence? Aware of just such an objection, he proposes, against the vicious circle of the petitio principi, an alternative, productive circularity: hermeneutic questioning. To ask “What is. .?“ does not partake of onto-theo-logy if one acknowledges (1) that the answer can never be fixed absolutely, but calls essentially, endlessly, for additional “What is . . .?“ questions. Dialectical refinement here replaces vicious circularity. Further, beyond the openmindedness called for by dialectical refinement, hermeneutic questioning (2) insists on avoiding subjective impositions, on avoiding reading into rather than harkening to things. One must harken to the things themselves, ultimately to being, in a careful attunement to what is. But do the refinement and care of the hermeneutic question which succeed in avoiding ontotheo-logy succeed in avoiding all viciousness? Certainly they convert a simple fallacy into a productive inquiry, they open a path for thought. But is it not the case that however much refinement and care one brings to bear, to ask what something is leads to asking what something else is, and so on and so forth, ad infinitum? What is disturbing in this is not so much the infinity of interpretive depth, which has the virtue of escaping onto-theo-logy and remaining true to the way things are, to the phenomena, the coming to be and passing away of being. Rather, the problem lies in the influence the endlessly open horizon of such thinking exerts on the way of such thought. That is, the problem lies in what seems to be the very virtue of hermeneutic thought, namely, the doggedness of the “What is . . .?“ question, in its inability to escape itself, to escape being and essence.
. —

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1. <insert framework> 2. No spillover- the K simply is critiquing the method about how we go about the capitalist movement. This method will still exist post-alternative and not spillover out of the round. 3. The Alternative Fails-Transnational Linkages Have Failed to Form Networks and Havent Had Any Impact on Government Policies Martin ‘ 04 (William, Professor @ Binghamton University, “Beyond Bush: The future of popular movements & US Africa policy,” Journal Review of African Political Economy, Volume 31, Issue 102 December 2004 , pages 585 – 597, Informaworld)
Yet with rare exceptions these linkages have yet to form sustainable networks, much less led to a direct impact on government policies or a broad public consciousness. And at times direct conflict between US and continental African NGOs and civil society groups is quite open. When US NGOs participated in the official NGO Forum at the AGOA Ministerial Forum in Mauritius in early 2003, for example, they were denounced by the local Platform Against Bush Politics - a coalition of local trade unions, women's organisations, and other civil society groups which regard AGOA conditionalities and privatisation as 'the recolonisation of Africa.'30

4. No Link- the AFF is simply talking about what the government should do to stimulate alternative energy through tax credits- even communists nations hold the right to tax 5. Ecocentric worldviews solve current exploitation of resources
Reginald Parsons and Gordon Prest, FNFP program manager and First Nations Coordinator for the University of British Columbia's Faculty of Forestry, 11-06-03 Aboriginal forestry stems from cumulative observations from which the Aboriginal worldview and value system have evolved over time in a given ecosystem or homeland and passed forward orally from generation to generation. The Aboriginal worldview is ecocentric, i.e., the biotic (organisms, including humans) and abiotic (non-living entities) have equal value. Brubacher et al. (2002) state that Aboriginal people do not manage the forest; they manage their relationship with the forest. Aboriginal people have been practicing forestry since time immemorial; however, not in the manner that follows the current forest management practice model, as it is ecocentric not anthropocentric4.

6. Tribal values solve back for the K
John Lavelle, Executive Director Of Center For The Spirit (Support And Protection Of Indian Religious And Indigenous

Traditions) In San Francisco, Winter 96, American Indian Quarterly Vol 20 No 1, “Reviewed work(s): Indians Are Us?: Culture and Genocide in Native North America by Ward Churchill” JSTOR
For there can be little doubt that for most Americans, Indian tribes will always be an enigma. After all, Indian tribes are organized around distinctive values that in many ways are incompatible with and even diametrically opposed to the values that inform the political nation-states of the modern West, including, most emphatically, the United States. These unique tribal values-an emphasis on the well-being of the entire tribal community rather than the self-interest of the individual; on a nature- centered spirituality rather than an acquisitive materialism; on an ethic that treats one's homeland and the earth itself as a mysterious, living, dignified 98

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presence rather than as a lifeless repository of exploitable resources-are what constitute the very core and substance of Indian tribes.

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Cultural integrity can be maintained while economies are developed Dean Howard Smith, National Education Program for Native American Leadership, Modern Tribal Development, 2000, p.15
Additionally, maintaining cultural integrity does not necessitate returning to pre-Columbian economies—not even the Havasupai desire to do so.4 Rather, the behavioral characteristics that make an individual an Apache or a Navajo or a Mohawk are maintained and developed. As Native Americans’ standard of living rises, more resources are available to them for developing and maintaining these cultural elements. For example, the Navajo Nation is facing a diminishing stock of both “singers”5 and weavers. As the Navajo economy develops, there will be resources available to pay for ceremonies, and as the market for woven rugs develops, there will be income from weaving, thus increasing the number of both singers and weavers, which bolsters the cultural integrity of the tribe.This by no means implies that economic development should be engaged in simply for the purpose of improving income. Development for the sake of development is not being suggested, rather, development as a means toward a well-defined end. Clearly, there are many potential negative aspects, such as those mentioned concerning the Hopi, Hualapai, and Havasupai, when considering development plans. Well-designed tribal plans and institutions can aid in avoiding some of the pitfalls of inappropriate development activities. For instance, Paul Nissenbaum and Paul Shadle (1992) designed a land-use planning board for the Puyallikp Tribe that included a definitive process of looking at impacts on the salmon fisheries of any proposed land use. In other words, the tribe has prioritized the various subsystems of the culture and has deemed the spiritual aspects of the fisheries to be more important than simple dollars. Thus the economic subsystem has been made compatible with the spiritual subsystem. This cultural compatibility of the subsystems is vital for a progressing society.

Sovereignty would decrease classism in the US Ward Churchill, Co-director of the American Indian Movement of Colorado, associate professor of American Indian Studies at the University of Colorado/Boulder, Struggle for the Land, 1993, p. 418
There is no indication whatsoever that a restoration of indigenous sovereignty in Indian Country would foster class stratification anywhere, least of all in Indian Country. In fact, all indications are that when left to their own devices, indigenous peoples have consistently organized their societies in the most class-free manner. Look to the example of the Haudenosaunee (Six Nations Iroquois Confederacy). Look to the Muscogee (Creek) Confederacy. Look to the confederations of the Yaqui and the Lakota, and those pursued and nearly perfected by Pontiac and Tecumseh. They represent the very essence of enlightened egalitarianism and democracy. Every imagined example to the contrary brought forth by even the most arcane anthropologist can be readily offset by a couple of dozen other illustrations along the lines of those I just mentioned.

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AT: Capitalism – 2AC
Perm solves – Recognizing the multiplicity of alternatives through the survival of Indigenous populations and connecting them to action is key to overcome capitalism by crafting new relationships between us and the rest of the world though new forms of ontology and ways of knowing
Cleaver 1997 [Harry of U of Texas, Nature, Neoliberalism and Sustainable Development: Between Charybdis & Scylla? http://www.eco.utexas.edu/Homepages/faculty/Cleaver/port.html ] From my point of view, one of the most attractive things about Zapatista thinking and politics is just this emphasis on multiplicity, on the power of collective bodies and on diverse paths or lines of flight that these bodies can trace into the future.30 Two great mistakes in the Western revolutionary tradition have been the obsession with totalization and the idea that system must follow system. Revolutionaries, despite their rejection of capitalism's imperial efforts to absorb the world and impose a universal hegemony, have still thought the future in terms of unity and counter-hegemony. Many Marxists have believed that just as a unifying capitalist system followed feudalism, so must some unifying system called socialism (or communism) be constructed to replace capitalism. Many radical environmentalists, while condemning the destructiveness of capitalism's imposed unity, think in terms of bio-systems, of a holistic Gaia. To use Marcos' metaphor of mirrors, such conceptions, even in the intellectual form of the dialectic, or the spiritual form of Goddess worship, never escape an endlessly repeated mirroring of the past in which the best you get is inversion (e.g., public instead of private ownership, Mother Nature instead of God-the-Father) but no liberation of human society from a single hegemonic framework for the organization of life, no liberation of humans or the rest of Nature from the imposition of singular measures of value (e.g., money or labor). To see that mirrors can be set aside and newness crafted links the Zapatistas' vision to the best of contemporary Western thought, to a certain anti-dialectical tradition of philosophy, to the embrace of difference within contemporary feminism, to autonomist Marxism and to the most interesting biocentric explorations of deep ecologists.31 The implications of this line of thinking are at least two-fold: first, recognizing that we can reject the normally inescapable framework of the economy (capitalism) means that we are freed to see what alternatives are already being elaborated, and second, freed from the search for a single comprehensive alternative, we can take a more
enjoyable phenomenological and experimental approach to the study of and participation in the crafting of alternatives. Unlike Odysseus, we can thank Circe sweetly for her "roasted meat and good red wine" and sail off into the sunset on courses of our own choosing. Whether we sail in search of Camðes' Isle of Love or follow Odysseus to Lisbon or head off into completely unknown waters, we are truly free to choose. We can even, like Old Man Antonio, simply paddle our log canoe into the middle of a quiet mountain

conclude. We must find ways to link the emerging alternative new approaches to redefining and organizing the genesis and distribution of "wealth" and to crafting new relationships among humans and between them and the rest of the universe in ways that are capable of linked or complementary action. There are many on-going experiments around the world whose experiences and creativity can be shared. This does not mean unity for socialism or any other singular post-capitalist "economic" order, but rather the building of cooperative interconnections among diverse projects. Nor does it mean a delinked and divided localism. It means putting together a new mosaic of interconnected alternative approaches to meeting our needs and elaborating our desires. It means inventing new politics that welcome differences but provide processes of interaction which minimize antagonism.
lake, under a full moon, have a smoke and tell old tales for each other's amusement and edification.32 To

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AT: Essentialism DDI 2008 GT Logan

Spending 2AC
1. Economy in shambles and still far from the bottom Greg Robb, MarketWatch, July 20, 2008, < “Housing suffers further as economy slouches Data likely to show market still far from bottom” http://www.marketwatch.com/news/story/housing-suffers-further-economyslouches/story.aspx?guid={964B2F01-FEF8-4F47-BB69-1ABC3D338607}>
The housing market is suffering from a "one-two punch," said Richard Moody, chief economist at Mission Residential. Poor economic fundamentals are beginning to weigh on the sector. "You've got seven months of private-sector job losses. You've got wage growth that is not keeping pace with inflation, you've got sagging consumer confidence," Moody said. Data on June existing and new home sales, to be released on Thursday and Friday, will show declining sales, large inventories, and many more miles to go before prices bottom, economists said. Home prices are critical because experts have said that the financial markets won't stabilize until housing prices do.

2.

Wind brings high levels of economic benefits to local communities

American Indian Law Review 2008 [Mark Shahinian, third-year law student at the University of Michigan] SPECIAL FEATURE: THE TAX MAN COMETH NOT: HOW THE NON-TRANSFERABILITY OF TAX CREDITS HARMS INDIAN TRIBES American Indian Law Review 2007 / 200832 Am. Indian L. Rev. 267.
Traditional methods of electricity generation are faced with increasing difficulties: coal-fired generation is a liability in the age of global warming; 7 natural gas prices are high and unpredictable; 8 nuclear power still poses [*270] storage problems; 9 and there are few rivers in the U.S. left undammed for hydroelectricity. 10 These problems have opened up a market opportunity for wind-generated electricity. Wind power has stepped in to fill the gap left by traditional power sources and provides new generation capacity. 11 Builders of wind farms will add about 2750 megawatts (MW) of generating capacity in 2006, which will produce about as much electricity as is used by the entire state of Rhode Island. 12 Wind enjoys three main advantages: price, environmental benefits and economic benefits. When coupled with federal tax credits, new wind turbine designs are now cost-competitive with new coal plants and natural gas generation. 13 With concerns of global warming rising, wind is an energy source that results in few greenhouse gasses. Wind power also enjoys political support for the positive impact it can have on domestic manufacturing industries. 14 Renewable energy development brings high levels of economic benefits to the local community, when compared to fossil-powered electricity. 15 Renewable energy is particularly popular in rural areas with few [*271] other economic prospects. In 2006, a successful challenger for a U.S. Senate seat in Montana made wind power a prominent part of his campaign. 16There is potential for tribes to play a major role in the U.S. wind industry. As noted above, wind power on tribal lands could provide a substantial portion of U.S. electricity needs. 17 The Great Plains have wind in abundance, and many tribal reservations are located in the Great Plains. Wind developers are interested in working with tribes because tribes are single landowners over vast, windy tracts of land - the area within the Rosebud Reservation boundaries alone is larger than the land area of the entire state of Rhode Island. Additionally, some power purchasers, realizing the economic plight of the reservations, are willing to give the tribes better-than-market prices for tribally generated electricity. 18

3. wind farms pay for themselves Triple Pundit 6/18/08. http://www.triplepundit.com/pages/wind-energy-ptc-more-than-pays-003254.php. “Congress is debating how to pay for the wind tax credits perhaps without realizing that, over time, wind farms pump more money into the US Treasury and state and local coffers than they take out,” Kevin Walsh, managing director of renewable energy at GE Energy Financial Services, said at the conference today. “Our study shows that the wind farms more than pay for themselves through existing tax revenues, so it’s time to renew the incentives immediately.”
102

AT: Essentialism DDI 2008 GT Logan

Spending 2AC
3. Their Mead evidence is horrible- a couple of reasons a) Empirically denied- it is not talking about an economic collapse. It is talking about a small shrink in the economy. We have suffered these before and there is still not an economic collapse. b) This card assumes a world in which we are in the Cold War. Right now we are only afraid of terrorism. If the economy were to collapse, countries would not launch a nuclear attack, they would focus on rebuilding the economy c) Their evidence does not say the countries will launch a nuclear war. It just says that the nuclear weapons have a higher probability of being launched. 4. Deficit spending is good for the economy. Thomas E. Nugent, executive vice president and chief investment officer of PlanMember Advisors, Inc., and principal of Victoria Capital Management, Inc, 3-4-03 (“The Budget Deficit/The Budget Surplus: The Real Story” http://www.epicoalition.org/docs/budget_deficit_real_story.htm)
Newspapers are filled with warnings about the potential for growing budget deficits due to President Bush’s proposed fiscal stimulus package. Two years ago, we were going to have surpluses as far as the eye could see—somewhere upwards of $2 trillion. Politicians were ebullient over the likelihood that these record surpluses would allow them to save Social Security, increase spending on pet projects, and give well-heeled constituents a nice fat tax cut. Now these same politicians are all stressed out over the forecasts of ballooning federal deficits. The outlook has changed to burdening our children with the bill for our lifestyles and the fact that Social Security will go broke. The government plays a critical role in influencing the economy especially when cyclical factors knock a long-term trend off track. In such circumstances the federal government steps in and replaces some of the lost demand that was coming from the private sector by greater spending. The U.S. dollar is not anchored to any particular commodity; the government is free to net spend (spending in excess of revenues) as much money as necessary to keep the economy afloat. When government “spends,” it introduces demand into the economy. For example, when the government orders a fleet of aircraft, it pays for the aircraft with a check drawn on the U.S. government, and credits the appropriate bank account when that check clears through the Fed. The federal government doesn’t need money to spend money. There is only one way for our government to spend-- it credits an account for a member bank at the Fed. When companies begin producing the planes and hiring the associated workers as a result of the government purchase, income and output goes up. As a matter of accounting, it is the same money the government spends that, at the end of the day, purchases the government bonds that are ultimately issued with the presumption of ‘financing’ the initial government spending. In other words, deficit spending creates the new funds to buy the newly issued securities. The result is an increase in output as well as in increase in savings of net financial assets (in the form of treasury securities) for the private sector. The government deficit has important economic consequences, assuming there was excess capacity in the real economy. Economic activity increases; the government acquires goods and services that are needed; unemployment declines; production goes up; the overall economy grows; and individuals and companies savings increase in the form of the newly issued government bonds.

103

AT: Essentialism DDI 2008 GT Logan

AT: Russia Oil 2AC
1. Russian Economy facing inflation now and runs risk of overheating
China View, 2008-07-05, < “Russia's economic growth remains robust” http://news.xinhuanet.com/english/200807/05/content_8493711.htm> Despite the fact that the Russian economy expanded energetically, inflation in Russia surged to 8.1 percent in early June. Both Russian President Dmitry Medvedev and Prime Minister Vladimir Putin have made fighting inflation a top priority. The Russian Central Bank raised key interest rate moderately in February and April in an effort to keep down the inflation. The government has raised its 2008 inflation forecast to 9-10. 5 percent from the initial projection of 7-8.5 percent. First Deputy President of the Central Bank Gennady Melikyan said the country's inflation rate is likely to reach 12 percent this year. The International Monetary Fund (IMF) predicted that Russia's inflation rate will hit 14 percent in 2008. Russian Deputy Prime Minister and Finance Minister Alexei Kudrin said that the government would take a series of measures, including establishment of inflation target mechanism, to bring the inflation rate down to 6 percent before 2011. However, Russia may run the risk of an overheating economy, and challenges like the reform of economic structure and the widening income gap need to be tackled, analysts here said. Administrators of the government and enterprises must adapt their ideas to market economy as well.

2. Uniqueness overwhelms the link – Iraq, Turkey, and Iran ensure regional instability that drives up prices 3. No threshold to price decline – they read no evidence saying a short-term drop triggers the impacts 4. Decline inevitable – oil bubble has to eventually burst.

Smith 11-4-2007 [Jack Z. Pittsburgh Tribune-Review,
http://www.pittsburghlive.com/x/pittsburghtrib/opinion/columnists/guests/s_536191.html]

Oil prices eventually will fall considerably, as supply-and-demand fundamentals prevail over market speculation. Some traders undoubtedly will take a financial bath. In the near term, however, gas-guzzling U.S. motorists will be taking it in the shorts.

5. Turn – high prices undermine global democracy promotion efforts

Carothers 2006 [Thomas, Director of the Democracy and Rule of Law Project Carnegie Endowment for International Peace,
“Responding to the Democracy Promotion Backlash”, 6/8/06, carnegieendowment.org/publications/index.cfm?fa=view&id=18416&prog=zgp&proj=zdrl,zme]

the high price of oil and gas is bolstering the position of many non-democratic governments around the world, especially in the former Soviet Union and the Middle East but also in Africa and Latin America. Almost all oil-rich states outside Europe and North America are autocratic; the surge of oil and gas revenues they are currently enjoying is helping strengthen their hand at home. Moreover, some of these governments, particularly those in Russia, Iran, and Venezuela, are taking advantage of this revenue windfall to fund their own cross-border political work. They are passing money to political allies or favorites to help influence the domestic politics of nearby countries in ways they hope will be favorable to their own interests. More than almost any other single factor, a significantly lower price of oil would be a tremendous boost to the fortunes of democracy abroad.
Second,

104

AT: Essentialism DDI 2008 GT Logan

AT: Russian Oil – 2AC
6. Democracy checks extinction

Diamond 1995 [Larry Diamond is a senior research fellow at Hoover Institution, Promoting Democracy in the 1990s: Actors and
Instruments, Issues and Imperatives, A Report to the Carnegie Commission on Preventing Deadly Conflict, December 1995, p. 6]
This hardly exhausts the lists of threats to our security and well-being in the coming years and decades. In the former Yugoslavia nationalist aggression tears at the stability of Europe and could easily spread. The flow of illegal drugs intensifies through increasingly powerful international crime syndicates that have made common cause with authoritarian regimes and have utterly corrupted

Nuclear, chemical, and biological weapons continue to proliferate. The very source of life on Earth, the global ecosystem, appears increasingly endangered. Most of these new and unconventional threats to security are associated with or aggravated by the weakness or absence of democracy, with its provisions for legality, accountability, popular sovereignty, and
the institutions of tenuous, democratic ones.

openness.

105

GT – Natives Blocks DDI 2008 GT Logan

2ac AT Bush good
1. Congress supports development of Native American renewable energy resources
Mark Shahinian, [third-year law student at the University of Michigan], 2008 American Indian Law Review SPECIAL FEATURE: THE TAX MAN COMETH NOT: HOW THE NON-TRANSFERABILITY OF TAX CREDITS HARMS INDIAN TRIBES American Indian Law Review 2007 / 200832 Am. Indian L. Rev. 267. The PTC is a tax credit Congress created to foster the production of renewable energy. The PTC is a broad incentive - it has aided renewable energy developments from California to Maine. An examination of the record of congressional debates surrounding the renewal of the PTC in 2005 makes clear Congress was interested in both reducing dependence on foreign fossil [*286] fuels n78 and stimulating the growth of domestic renewable energy businesses. n79 To this end, Congress decided to enact a tax incentive (the PTC) that will cost taxpayers over $ 300 million a year over the next decade. n80 Congress has acted on its goals of increasing renewable energy production by enacting the PTC - Congress has also acted on its goals of increasing tribal energy resource production by enacting parts of the Energy Policy Act of 2005. Congress would like tribal corporations to work toward resource development in the same manner as non-reservation businesses. The 2005 Energy Policy Act articulates Congress' intent to foster energy development on tribal lands. n81 The Senate Committee on Energy and Natural Resources, in its report on the bill, wrote "There are abundant energy resources available for production on Indian lands. Development of those resources must be encouraged." n82 Making the PTC tradable would merge those two goals. Congress should - and, the record indicates, does - want Indian tribes to face the same set of incentives as non-Indian business entities. Both logic and congressional action indicate that the government would want all economic activity within the boundaries of the United States to face the same incentive system, in order to broadly encourage the activities targeted by tax credits. Congress has articulated its goals of energy security and clean energy production. Tribes, given the proper incentives, and a tradable PTC, can help the U.S. meet those goals.

2. Dems support PTC – budget resolution proves
Daniel Whitten, writer Inside Energy with Federal Lands, 3-26-07, “Senate makes room for long-term renewable credit”, l/n [Ades] The Senate last week voted to make room in the fiscal 2008 federal budget for a long-term extension of the renewable power production tax credit and a $600-million increase in science spending at the Energy Department. The chamber Friday approved its budget resolution (S. Con. Res. 21), which although it does not set taxes and spending, points to the priorities of the Democrats in charge.

3. Fiat takes out the link- the plan will pass by the least means possible and not cost political capital 4. Congress should do the plan and pass ________ a. Logically there is no reason why a congress person can’t vote for the plan and for _________ b. intrinsicness is reciprocal with the negs right to CP c. legitimate because we are only making one D. arg is just a no link- just because you waste time does not make it a VI E. gets rid of bad ground that does not apply but increase good F. AT worst Reject arg not the team

106

GT – Natives Blocks DDI 2008 GT Logan

Bush good 2ac
5. Bush proves winners will win. FORTIER & ORNSTEIN 03
studies politics, the presidency, continuity of government, elections, the electoral college, election reform, and presidential succession disability & American Enterprise Institute Fortier - Ornstein - American Enterprise Institute. 2003 (John C. & Norman J.) <http://www3.brookings.edu/press/books/chapter_1/secondtermblues.pdf>

George W. Bush has followed the motto that “winners win.” When he was given accolades for his initial policy successes as governor, when he finally was elected to his first term as president (even in a controversial election), in the aftermath of 9/11, after his victory in the 2002 midterm elections, and after the initial successes of the Iraq War, Bush used these victories to press for more of his agenda. Whether it was a new school financing plan in Texas, tax cuts, or a Department of Homeland Security, Bush did not sit on his laurels. It was this theory of political capital that informed his plans for a second term. Two days after his reelection, Bush said: Let me put it to you this way: I earned capital in the campaign, political capital, and now I intend to spend it. It is my introduction style. That’s what happened in the—after the 2000 election, I earned some capital. I’ve earned capital in this election—and I’m going to spend it for what I told the people I’d spend it on, which is—you’ve heard the agenda: Social Security and tax reform, moving this economy forward, education, fighting and winning the war on terror. Bush’s understanding of his own political capital was astute. But it also relied on his always having been a somewhat popular governor or president. Before his 2004 reelection, Bush did not suffer the wild ups and downs that Clinton did throughout his governorship and presidency. When Bush’s popularity began to drop significantly in 2005, the theory of political capital, his grip on narrow Republican majorities, and the public’s perception of his strong leadership began to suffer.

107

GT – Natives Blocks DDI 2008 GT Logan

2ac AT Obama DA
1. The link evidence claims John McCain and the republican part would advocate nuclear energy. 2. the plan increases wind and solar energy Obama would get the credit
Daniel Koffler, staff writer for the Guardian, 7/8/08 “The Case for Nuclear Power” http://www.guardian.co.uk/commentisfree/2008/jul/08/nuclearpower.energy In keeping with the frenetic, rhetorical ping-pong that has marked virtually every moment of this young general election, Barack Obama gave a big energy policy speech in Las Vegas last month to counter the big energy speech John McCain gave just prior to it. Obama proposed a substantial federal investment in alternative energy sources, including wind power,[and] solar power and biofuels, and he promised to hike fuel efficiency standards for cars and trucks (though he didn't say by how much). He has already proposed a cap-and-trade scheme with auctions for emissions permits, which are key to making any such scheme work. (John McCain's version of cap-and-trade does not include auctions.)

3. Obama will use military strikes against Iran Gazette 1/10/08 (“Nothing new about Obama”, http://www.lexisnexis.com/us/lnacademic/results/docview/docview.do?docLinkInd=true&ri sb=21_T4190893368&format=GNBFI&sort=RELEVANCE&startDocNo=1&resultsUrlKey=2 9_T4190893372&cisb=22_T4190893371&treeMax=true&treeWidth=0&csi=8355&docNo =2)
L. Ian MacDonald makes the mistake of following the image-over-issues interpretation of politics that has effectively laid waste to democracy in the United States, and made candidates into products for public-relations experts to market. MacDonald offers only a few tidbits to support his effusive praise of Obama as "new and different" and an abstract promoter of change. A closer analysis shows that even though Obama was indeed against the Iraq war "from the beginning," he has also stated with regards to Iran that "all options are on the table," which presumably includes a pre-emptive nuclear war or "surgical" missile strikes on "soft targets." This position is far to the right of the majority of the U.S. public and world opinion, which is firmly opposed to any military action against Iran.

No Impact- Iran retaliatory capability is limited
Sammy Salama & Karen Ruster, Research Associate for the Proliferation Research and Assessment Program (PRAP) at CNS, September 9, 2004, A preemptive attack on Iran’s nuclear facilities, http://cns.miis.edu/pubs/week/040812.htm On the other hand, even given their relative improvements in accuracy, this may be a risk that the United States or Israel would be willing to take. Administration officials may argue that it is preferable to take on Iran now, rather than allow more time to improve its existing missiles and develop the Shehab-4. In fact, some Israeli officials claim that Israel currently has the wherewithal to neutralize Iran's ballistic missile arsenal using the Arrow anti-ballistic missile system, which some Israelis claim is fully capable of defending Israel from the Shehab-3. Arye Herzog, head of the Israeli Homa Missile Defense Program at the Israeli Defense Ministry, stated on July 8, 2003: "We are fully capable of dealing with whatever the Iranians have today, which is the Shahab-3."[41]

108

GT – Natives Blocks DDI 2008 GT Logan

AT: Obama DA – 2AC
Impact’s inevitable – Bush’s already approved Isreali strikes.
Huffington Post 7/13/2008, Bush Supports Israeli Plan For Strike On Iran: Report, http://www.huffingtonpost.com/2008/07/13/bush-supports-israeli-pla_n_112367.html Last month Seymour Hersh of the New Yorker reported that the Bush Administration has stepped up covert operations inside Iran. Now the Times of London, citing information from a senior Pentagon official, says that Bush backs an Israeli plan for a strike on that country's nuclear facilities: President George W Bush has told the Israeli government that he may be prepared to approve a future military strike on Iranian nuclear facilities if negotiations with Tehran break down, according to a senior Pentagon official. Despite the opposition of his own generals and widespread scepticism that America is ready to risk the military, political and economic consequences of an airborne strike on Iran, the president has given an "amber light" to an Israeli plan to attack Iran's main nuclear sites with long-range bombing sorties, the official told The Sunday Times. "Amber means get on with your preparations, stand by for immediate attack and tell us when you're ready," the official said. But the Israelis have also been told that they can expect no help from American forces and will not be able to use US military bases in Iraq for logistical support. Nor is it certain that Bush's amber light would ever turn to green without irrefutable evidence of lethal Iranian hostility. Tehran's test launches of medium-range ballistic missiles last week were seen in Washington as provocative and poorly judged, but both the Pentagon and the CIA concluded that they did not represent an immediate threat of attack against Israeli or US targets. "It's really all down to the Israelis," the Pentagon official added. "This administration will not attack Iran. This has already been decided. But the president is really preoccupied with the nuclear threat against Israel and I know he doesn't believe that anything but force will deter Iran."

McCain will not get credit for plan he opposes Permanent PTC
US Newswire [Democratic National Committee - John McCain's Energy Plan: Fewer Jobs, More Waste for Nevada http://newsblaze.com/story/2008062505130300002.pnw/topstory.html] June 25, 2008 One thing McCain won't bring toNevada, however, is green jobs. McCain has repeatedly voted against the kind of tax incentives that would promote investments in renewable energy and create green jobs. Just last year, McCain opposed legislation that would have extended the renewable energy production tax credit, putting an estimated 116,000 American jobs at risk, including more than 76,000 in the wind industry and 40,000 in the solar industry.

109

GT – Natives Blocks DDI 2008 GT Logan

AT: Obama Wins the Election
1. <insert case outweighs> 2. McCain is wining now because HE is controling the framing on energy
Kris Alingod, AHN News Writer, July 24th, 2008. “McCain Winning Support in Battleground States.” <http://www.allheadlinenews.com/articles/7011716138> Washington, D.C. (AHN) - Sen. John McCain (R-AZ) is gaining ground against Sen. Barack Obama (D-IL) in four swing states, a new poll said on Thursday. The Republican nominee-in-waiting leads Obama in Colorado, 46 percent to 44 percent. He overtook his rival, who was ahead, 49 percent to 44 percent, last month. McCain trails in Michigan, 42 percent to 46 percent, but his deficit is smaller than the previous survey's 42 percent to 48 percent. In Minnesota, the Arizona senator has also made gains, getting 44 percent support compared to Obama's 46 percent. June's numbers were 37 percent to 54 percent for the Democrat. Obama is ahead in Wisconsin, 50 percent to 39 percent, but his lead against McCain has dropped two points. "Sen. John McCain has inched ahead of Illinois Sen. Barack Obama in Colorado; come within inches in Minnesota and narrowed the gap in Michigan and Wisconsin," Quinnipiac University said in a news release. "One reason for McCain's progress may be the energy issue. The results show increased support for additional drilling - which McCain supports and Obama opposes. Roughly one in ten voters say they have changed their minds and now favor drilling because of the jump in energy prices," it added.

3. No threshold – the plan isn’t enough to make McCain win 4. A. Obama has spoken out for federal incentives for more wind power
Iodinews.com, June 4th, 2008. “McNerney supports Obama.” < http://www.lodinews.com/articles/2008/06/04/news/10_mcnerney_080604.txt> The federal government needs to take responsibility for building transmission lines to encourage the development of wind power in South Dakota, Democratic presidential candidate Sen. Barack Obama said during an interview Friday with the Argus Leader. Obama says wind power could provide up to half the nation’s electricity needs, but federal tax incentives must be extended to keep that development in the United States. “If we don’t get those tax incentives, those federal tax breaks in place, then you’re going to see a whole lot of wind power generation and industry moving to Europe,” he said. “It’s already starting to happen.”

110

GT – Natives Blocks DDI 2008 GT Logan

AT: Obama Wins
B. The plan dooms McCain by moving toward Obama talking points – it undercuts the GOP message – Iran rapprochement proves
Kevin Drum, Washington Monthly, 7-17-08, http://www.washingtonmonthly.com/archives/individual/2008_07/014112.php Am I off base, or is it sort of weird that there's been so little followup to the news that the Bush administration plans to open an "interests section" in Tehran? None of the big U.S. newspapers has so much as mentioned this story yet, which either means they don't think it's a big deal (unlikely) or that not a single one of them has been able to confirm the original Guardian report (also unlikely). Over at The Corner, where I figured they'd be going ballistic, the news has been met with nothing more than a shrug. Now, sure, an interests section is not an embassy (we already have one in Cuba, for example), but this would still be a pretty stunning turnaround, wouldn't it? Especially since the rapprochement appears to be mutual. Iranian President Mahmoud Ahmadinejad has indicated he's open to a U.S. proposal and an Iranian spokesman later confirmed that Iran is open to direct talks. How cordial! So why the radio silence? At the very least, shouldn't the talking heads be talking about the political implications of this news? Barack Obama favors direct talks with Iran and John McCain doesn't, and now here comes George Bush apparently clearing the deck for direct talks. So what does McCain do now? He'll tap dance a bit, of course, claiming that Bush is not doing precisely what Obama proposed (which is true), but he's certainly moving in that direction. Doesn't this cut McCain's legs out from under him? Doesn't it make Obama look more prescient and presidential? Shouldn't this at a minimum be a fascinating topic for fact-free cable news speculation and talk radio bloviation? I think so!

5. The uniqueness overwhelms the link – obama is going to win the election, it’s no contest 6. No link – plan isn’t a policy that would solve gas prices; all their cards are about the oil crisis 7. <insert whatever applies to the scenario about no impact> 8. The issue of the economy will overwhelm the plan
Susan Page, July 27, 2008. “100 days to go: The presidential race’s red-letter days.” <http://www.usatoday.com/news/politics/election2008/2008-07-27-100days_N.htm> During the final full week before the election, the government releases a string of reports on economic fundamentals: new home sales on Monday, consumer confidence on Tuesday, durable goods orders on Wednesday and jobless claims on Thursday. "We are at a point where people are really hurting in their pocketbooks," says Sung Won Sohn, an economist who served on the White House Council of Economic Advisers for President Nixon and now teaches at California State University-Channel Islands. "It is the most important driver in the election, and it could tip the boat in either direction."

111

GT – Natives Blocks DDI 2008 GT Logan

AT: Obama Wins
9. McCain won’t take credit for the plan, he hates PTCs
US Newswire [Democratic National Committee - John McCain's Energy Plan: Fewer Jobs, More Waste for Nevada http://newsblaze.com/story/2008062505130300002.pnw/topstory.html] June 25, 2008 Legislation McCain Opposed Included Investment Set To Expire Next Year For Generators Of Geothermal, Wind And Solar Power. "Compromises that won passage for a major energy bill in the Senate this week left investors for geothermal, wind and solar resources out in the cold. After a long struggle, the Senate passed the bill late Thursday. It increases vehicle fuel mileage standards and encourages energy efficiency in federal buildings and in electricity-guzzling appliances. The House is expected to take a final vote next week. But passage was assured only after negotiators removed provisions that would set a requirement that 15 percent of electricity come from renewable sources by 2020. Also gone were extensions for investment and production tax credits set to expire next year for generators of geothermal, wind and solar power. 'From the standpoint of renewable energy, the compromises were certainly a missed opportunity, and they were out of step with much of the support we get from across the country,' said Gregory Wetsone, director of government affairs at the American Wind Energy Association."

112

GT – Natives Blocks DDI 2008 GT Logan

AT: McCain Wins Election
1. <insert case outweighs> 2. Obama is winning because he can control the framing on energy
Andrew Ward, 6-22-08 “Energy concerns could swing Ohio result”, http://www.ft.com/cms/s/0/235879bc-4098-11dd-bd480000779fd2ac,dwp_uuid=f2b40164-cfea-11dc-9309-0000779fd2ac.htm[Ian Miller]
Richard Daley hoped he would spend more time at his Kentucky vacation home in retirement. Instead, the 60-year-old former engineer, has cut his number of visits by half because of the soaring cost of driving the 200 miles from his home in West Chester, Ohio. “On a fixed income, we just can’t keep absorbing these increases,” he says. Mr Daley is one of millions of Americans rethinking their approach to

energy consumption as petrol prices hit record levels. According to the Department of Transportation, US drivers travelled 30bn fewer miles between November and April, compared with a year earlier, the biggest drop since the 1979 energy crisis. While Mr Daley’s story is increasingly familiar, his carries added weight because he lives in one of the most important battleground states in November’s presidential election. His heavily Republican county on the edge of Cincinnati helped deliver George W. Bush’s narrow victory in Ohio four years ago and John McCain needs to win by a big margin there if he is to hold the state. Describing himself as an undecided independent, Mr Daley supports Mr McCain’s plan to lift the ban on fresh offshore oil
and gas drilling around the US coast. But he also favours Barack Obama’s proposal to levy a windfall profit tax on oil companies and invest the proceeds in renewable fuels: “We need to exploit all the oil we have, but, in the long term, we have to find alternatives,” says Mr Daley.

Energy has soared towards the top of the election agenda as petrol prices have topped $4 a gallon for the first time. Three in four voters say the issue will be “very important” in determining their vote – outranking taxes, terrorism and the Iraq war – according to a recent poll by the Pew Research Centre. Asked who they trusted most to handle the energy issue, respondents favoured Mr Obama over Mr McCain by 18 percentage points. “Voters are making the simple conclusion that if you change the party in the White House somehow things will get better,” says Larry Sabato, a political scientist at the University of Virginia.

3. No threshold – the plan isn’t enough to make Obama win

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AT: McCain Wins Election
4. Turn – A NEW ENERGY POLICY WILL ALLOW MCCAIN TO TAKE THE CREDIT, AND WIN THE ELECTION
(Free Republic, 6-19-08, “How McCain and the GOP Can Ride An Energy Wave To Victory”, http://www.freerepublic.com/focus/fnews/2033687/posts, [Ian Miller]) The energy problem in the US is lightning in a bottle for the candidate and/or party that can unleash it. The issue is there for the GOP to take advantage of as they by far have been much more on the right side of the issue. I'm no big fan of McCain. He wasn't my 1st, 2nd, or 3rd choice but it's who we have. It appears that he is getting the message about the energy crisis in the country, unlike Obama who keeps mouthing the same empty liberal rhetoric. Americans have had it with high energy prices because they know that rising food prices and rising prices of just about everything else is related to the higher energy costs. They are also learning that we have more oil available under our ground and shores than the entire Middle East. Even democrats with half a brain left are saying "it's time to drill!" Different republicans are offering different, albeit very similar solutions. McCain has some ideas. Current members of Congress have some ideas. Newt Gingrich has some ideas and has perhaps been in front on this issue with his "Drill Here. Drill Now. Pay Less." campaign. What the GOP needs to do is rally around a singular plan, much like they did in the 1992 elections with Newt's "Contract With America" plan. Here's how I think they get there and how they can "drop the bomb" on the democrats. First, McCain make ENERGY INDEPENDENCE along with national security the #1 campaign issue. There is simply NO down side to this. Energy independence means HUGE JOB GROWTH in a slumping economy, BIG DROP in energy prices, food prices, and all related industries, which all adds up to a roaring economy, and it means NO MORE RELIANCE on foreign thugs, dictators, and terrorists for our energy. These are the points that need to be stressed. Second, the way McCain brings this front and center is to pick a VP candidate to be his point man on this. Ladies and gentlemen, I give you...Newt Gingrich. Again, Newt is not the perfect conservative. He has some baggage, but in this day and age, who doesn't? I think he IS the perfect VP candidate under these conditions. He knows the energy issue inside-and-out and can bring instant authority and credibility to the ticket on this issue. Of course, Newt is a strong conservative on most other issues as well. Then, McCain and Newt need to have an "emergency energy conference" with GOP members of Congress and those GOP challengers running for office. You think Newt could work with Congressional GOP members? Obviously. Slam Dunk. They come up with a singular energy plan, basically calling for the opening up of onshore and offshore oil fields, coal fields, nuclear energy, etc., AND "fast-tracking" these through Congress. Similar to the "Contract with America", these candidates sign a pledge to back these measures in office. Then, a massive, coordinated ad campaign follows. They can use Newt's "Drill Here. Drill Now" slogan, and add "VOTE - " at the end. These ads will highlight how the democrats have blocked our energy independence, what the GOP plan is, how it would lead to energy independence, and all the benefits that would result. The ads then end with the slogan. If it's a Presidential ad, it ends with "DRILL HERE. DRILL NOW. VOTE MCCAIN/GINGRICH.". If it's a national GOP ad, it ends with "DRILL HERE. DRILL NOW. VOTE REPUBLICAN". It it's an ad for a Congressional candidate it can end with "DRILL HERE. DRILL NOW. VOTE THOMPSON.", or whoever the candidate is. I believe that IF the GOP can coordinate a plan and strategy such as this, that they can ride a tsunami into office. Really, that could be the tip of the iceberg.

5. Not intrinsic, pre-empt A. Reciprocal – counterplan show s how the plan isn’t necessary to solve advantages, we do the same for ptix B. Our argument is logical, not empirical – we’re limited to only to arguments that are not based on evidence

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At: McCain Wins Election
6. Neither side would fund space exploration
Daniel Handlin, Space Review, September 19, 2005, http://www.thespacereview.com/article/458/2 It is a reality of life that as Presidential administrations change, so do NASA’s priorities, leaders, and goals. Currently, it appears that the VSE will receive funding and will benefit from NASA leadership that supports its goals at least through the end of the Bush administration in 2009. But what happens beyond then? How do we ensure that the VSE survives the change in administrations? Whether the next President is a Republican or a Democrat, it cannot simply be assumed that the VSE will remain a priority under their administration. None of the major expected candidates for president in 2008 have demonstrated strong support for the VSE. (See “2009: a space vision”, The Space Review, July 11, 2005) On the other hand, few have spoken explicitly against it. To be frank, it is simply not on the radar of most national politicians. However, it is a possibility that the next President may see the VSE as a place to save a few million dollars by canceling it. So what can be done by NASA and by Mike Griffin to give the VSE enough momentum so that it can’t be ended on a shortsighted presidential or congressional whim? One possible answer is to retire the shuttle early.

7. No link – plan isn’t a policy that would solve gas prices; all their cards are about the oil crisis 8. The issue of the economy will overwhelm the plan
Susan Page, July 27, 2008. “100 days to go: The presidential race’s red-letter days.” <http://www.usatoday.com/news/politics/election2008/2008-07-27-100days_N.htm> During the final full week before the election, the government releases a string of reports on economic fundamentals: new home sales on Monday, consumer confidence on Tuesday, durable goods orders on Wednesday and jobless claims on Thursday. "We are at a point where people are really hurting in their pocketbooks," says Sung Won Sohn, an economist who served on the White House Council of Economic Advisers for President Nixon and now teaches at California State University-Channel Islands. "It is the most important driver in the election, and it could tip the boat in either direction."

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AT: T in means with in the US
1. we meet reservations are under the jurisdiction of the USFG
Douglas Roger Nash of University of Idaho School of Law, Staff Access, January 1, 1999 The definition of Indian Country, 18 U.S.C. 1151, has to do with jurisdiction as opposed to land issues. It began defining Indian Country for purposes of defining the application of federal criminal law and has come to be used to define the scope of civil jurisdiction to a large degree. Oklahoma Tax Comm'n v. Sac and Fox Nation , 508 U.S. 114 (1993); California v. Cabazon Band of Mission Indians , 480 U.S. 202, 207 n.5 (1987). Three types of Indian Country are defined (a) all lands within the limits of any Indian reservation under the jurisdiction of the United States Government, notwithstanding the issuance of any patent and including any rights-of-way running through the reservation, (b) all dependent Indian communities within the borders of the United States and (c) all Indian allotments, the Indian titles to which have not been extinguished, including rights-of-way running through the same.

2 in modifies incentives only incentives have to be in the US Dictionary.com used to indicate means 3 standards: A. Fairness- the NEG can always find a definition that limits out the AFF this kill fairness because we would never get to debate the effects of the plan B.Ground- the NEG takes away military affs because they are out side of the US. The framers intent was for the incentives to be passed in the US. Also, the AFF allows for more cases and advantages which is better for education. C. overlimits decrease education on THE TOPIC, THERE ARE TOO FEW ISSUES TO DEBATE AND WE’LL JUST HAVE THE SAME ROUND EVERY TIME WHEN THE NEG LEARNS THE BEST ARGUMENT 4. Reasonability- the round should be evaluated by this because if we don’t, we stray away from the effects of the plan and whether or not we should be saving lives. At the point when we are reasonably topical, this flow goes away.

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