"Reflexive Fiat: Incorporating The Outward Activist Turn into Contest Strategy"

y !ordon R" #itchell

The Rostrum $% &'anuary ())*+: ((,%-"
On the ())-,())( .college/ energy topic which called for the affir0ative to reduce fossil
fuel consu0ption1 a tea0 fro0 2oyola advocated a plan which contained an
i0ple0entation plan3 na0ing the0selves as energy c4ars1 with total control over 5"S"
energy policy" The deaters1 #adison 2aird and Todd Fla0ing1 successfully used the
energy c4ar plan3 in nu0erous rounds to turn disadvantages and fend off solvency
argu0ents against their conservation affir0ative"
2ast year1 a 6orthwestern tea0 advocated a counterplan which 0andated that their
coaching staff underta3e a study of the panoptic di0ensions of the cri0inal 7ustice
syste0" The 6orthwestern deaters1 Sean #cCaffity and 'ody Terry1 advanced the
counterplan against Texas8 an pretrial services case1 which clai0ed a panoptic power
advantage" The idea of the counterplan was the fact that since Texas8 evidence suggested
that the only thing necessary to solve the advantage was that a "hole e po3ed in the
panoptic screen1" an acade0ic study would constitute a sufficient po3e" The 7udges
unani0ously disagreed"
This year1 a 9a3e Forest tea0 advocated a counterplan which pro0ised that they would
personally contact hu0an rights 6!Os and plead for the0 to etter value and respect
:alestinian people and culture" The 9a3e Forest deaters1 Sean 6owa3 and Ar0en
6o4arahian1 secured a negative allot in a round against Texas with this counterplan1 ut
have apparently not yet i0ple0ented its 0andates"
These exa0ples of deaters the0selves assu0ing the role of agents of change push the
envelope of legiti0ate fiat y raising the ;uestion: does the power &or privilege+ of fiat
extend to one8s own self< Or to put the ;uestion differently1 is fiat reflexive< Approaching
the ;uestion fro0 the received perspective1 the answer clearly 0ust e no: fiat only
affords the option to defend govern0ental1 not private action" In this piece1 I ;uestion the
nor0ative worth of this received view of fiat and propose that there are good reasons for
per0itting the opportunity for deaters to present their own actions as voting alternatives
in contest rounds" #y argu0ent will unfold in the course of a rief three part discussion"
In part one1 I highlight the structural differences etween received and reflexive views of
fiat and consider how these differences shape the political tra7ectory the deate
co00unity as a progressive agent of social change" In part two1 I s3etch the asic
features of reflexive fiat and illustrate its e0ancipatory potential as a social 0ove0ent
0oili4ation tool" In part three1 I anticipate o7ections to the theory of reflexive fiat and
offer constructive reactions"
=ow structural features of fiat shape political tra7ectory
#ost 0ainstrea0 conceptions of fiat contain a co00on structural feature1 the idea that
fiat is a construction which affords deaters the latitude to 0a3e assu0ptions aout
external actors" The assu0ption that a specified agent will "carry out the plan" if the
affir0ative tea0 proves its desiraility inscries this externality y structurally separating
the advocate fro0 the specified agent of change" 2i3ewise1 the idea that the negative tea0
"has the power" to 0andate an alternative course of action y the sa0e &or another+
external actor endorses this sa0e 3ind of structural separation etween deater and agent
of change"
Advocacy1 under this view of fiat1 ta3es place on the plane of si0ulation" The power that
ac3s a deaters8 co00and that "we 0andate the following """" is a 0irage1 a phantas0
allowed to 0as;uerade as genuine for the purpose of allowing the ga0e of political
si0ulation to ta3e place" >eaters have no real authority over the actors they e0ploy to
i0ple0ent their ideas in plans and counterplans1 yet the si0ulation of such authority is
recogni4ed as an essential fiction necessary to allow the ga0e of policy deate to unfold"
One prole0 with approaches to fiat which feature such a structural separation etween
advocate and agent of change is that such approaches tend to instill political apathy y
inculcating a spectator 0entality" The function of fiat which gives deaters si0ulated
political control over external actors coaxes students to gloss over consideration of their
concrete roles as involved agents in the controversies they research" The construct of fiat1
in this vein1 serves as a political crutch y alleviating the urden of de0onstrating a
connection etween in,round advocacy and the action y external actors defended in plan
or counterplan 0andates"
A second 0anner in which the structural features of this sort of fiat tend to circu0scrie
active political involve0ent is through the contain0ent of fiat action within the spatio,
te0poral oundaries of the contest round" The fiction of si0ulated authority evaporates
when the 7udge issues his?her decision and the deaters disand and head to the next
round" Advocacy1 resting on the ephe0eral foundation of si0ulation1 is here a casual and
fleeting pheno0enon that carries with it few significant future ra0ifications or
responsiilities" @y cultivating an ethic of detach0ent fro0 the actual polis1 this view of
advocacy introduces a politically regressive dyna0ic into the acade0ic deate process"
Reflexive fiat1 on the other hand1 can e structurally differentiated fro0 "external" fiat in
four ways" First1 reflexive fiat collapses the gulf separating advocate fro0 agent of
actionA deaters assu0e the dual role of advocate and actor si0ultaneously" 9hile the
proposed course of action 0ay ra0ify upon external actors1 such reactions are not
0andated y fiat1 ut are instead considered as policy effects" Second1 ecause the
advocate is physically present and in direct control of the range of possile actions
availale1 the necessity of fra0ing fiat power as si0ulation is oviatedA fiat eco0es a
tangile 0andate for concrete action1 not 7ust a hypothetical suggestion for si0ulated
action y external actors" Third1 y 0a3ing a co00it0ent to carry out future concrete
action rather than te0porarily si0ulating co00it0ent to action1 reflexive fiat explodes
the spatio,te0poral li0itation of the contest round itself" The 7udges8 affir0ation of a
course of action defended under a reflexive fiat fra0ewor3 entails conse;uences which
extend eyond the ti0e and place of the tourna0ent" Fourth1 the authority to propose
courses of action using reflexive fiat does not flow fro0 the resolution1 ut is instead
prag0atically grounded in the physical presence of advocates1 underwritten y evidence
of the advocate8s speech0a3ing capailities and proof of 0oili4ation potential"
These structural features enale the theory of reflexive fiat to steer deate participants
toward an activist political tra7ectory" Transcending the spectator orientation encouraged
y the received view of external fiat1 advocates who defend courses of action ac3ed y
reflexive fiat in contest rounds 0a3e the co00it0ent to directly engage the issues they
identify as pressing pulic concerns" 5nli3e the te0porally ephe0eral political
co00it0ent entailed in the defense of si0ulated plans1 the co00it0ent to future action
0ade with reflexive fiat carries with it an outward activist i0perative" This i0perative is
actuali4ed with the 7udge8s act of votingA in voting1 the 7udge not only issues a
co0petitive reward to the reflexive fiat advocate1 ut 0a3es pulic the expectation that
the specified 0andates will e i0ple0ented in the 0anner descried"
>etails and wor3aility of reflexive fiat proposals
In this section1 I offer so0e preli0inary s3etches of different types of "action plans"
which 0ight e advocated using reflexive fiat"
Counter,directional action plan" The negative could propose an action plan which would
run against the general grain of the specific affir0ative proposal" For exa0ple1 on the
current #iddle Bast topic1 against an external fiat plan calling for the 5"S" to increase
ar0s sales to 'ordan1 the negative 0ight offer an action plan which 0oili4es deaters to
press for a 0oratoriu0 on ar0s sales to the #iddle Bast" The 7udge8s allot would serve
as a trigger to ignite various for0s of political pressure1 such as Congressional loying1
de0onstrations against ar0s 0anufacturers1 petition drives1 or direct,0ail ca0paigns"
Consider the following solvency evidence: "9hen :resident Bisenhower was as3ed on
the day after his farewell address what he thought could e done to cur the growing
power of the 0ilitary industrial co0plex1 he responded si0ply and fir0ly that the only
hope was that an active1 engaged citi4enry would 3eep its power in chec3" It is ti0e that
the pulic stopped directing its anger at relatively s0all issues li3e the =ouse @an3ing
scandal or the si4e of the latest tax cut proposal and attended to one udgetary issue that
0ore than any other 0ay deter0ine whether the 5nited States re0ains a prosperous and
free nation in the generations to co0e: the si4e and co0position of its 0ilitary udget"
&9illia0 =artung in 9orld :olicy 'ournal1 Fall ())C1 p" %$+"
A 0ore viale1 li0ited action plan versus the 'ordan case 0ight call for ca0pus
de0onstrations to locally reduce the largess of the 0ilitary industrial co0plex" Such
action plans could 7ie nicely with case argu0entation proving that ar0s sales al0ost
always fail to fulfill achieve their national security o7ectives and end up co0pro0ising
security y fueling the ar0s race or stopping the transition to defense conversion" Bither
action plan would serve as a reason to re7ect the affir0ative proposal on two levels: (+ it
would provide for the 7udge a concrete option to ste0 the tide of the #IC1 thus giving
uni;ueness to the case turns1 and %+ doing oth the affir0ative plan and the negative
action plan together would co0pro0ise the 0oili4ation potential of the action plan
&rhetorical co0petition+" Rhetorical co0petitiveness1 on this account1 would e
co0prised of the argu0ent that the affir0ative8s advocacy of a pro,ar0s sales policy
would tarnish their persuasiveness as rhetors entering the pulic sphere and calling for a
reduction in the si4e of the #IC" In short1 their suggestion to "do oth" would involve
assu0ing a hypocritical or inconsistent rhetorical stance in the pulic sphere1 so0ething
which would li0it their political efficacy and 7eopardi4e solvency of the action plan"
5nidirectional action plan" Offering a reflexive fiat proposal along the lines of a
traditional agent counterplan1 the negative 0ight wish to present an action plan which
"does" the affir0ative planA i"e" uses deaters to i0ple0ent the ter0s of t he affir0ative8s
external fiat 0andates" For exa0ple1 under the privacy topic1 against an affir0ative plan
which called for a reversal of a particular court decision1 the negative 0ight have
presented an action plan which directed deaters to organi4e an a0icus rief initiative
designed to influence an appeals court to issue a 7udg0ent consistent with the
affir0ative8s suggested overturn" The action plan could e proven co0petitive with a
criti;ue of the affir0ative tea08s si0ulation of external political efficacy" The affir0ative
tea08s endorse0ent of external fiat1 according to this argu0ent1 would represent political
flight fro0 activist engage0ent and warrant exclusive adoption of the action plan"
5ni;ueness,providing action plan" An action plan could e presented y the negative as a
supple0ent to a conventional strategy that is sound in all respects save uni;ueness" For
exa0ple1 on the cri0inal procedure topic1 a popular position against the affir0ative case
which anned victi0 i0pact state0ents was the argu0ent that the affir0ative8s
incre0ental refor0 of the death penalty 0achinery would ;uiesce the social 0ove0ent
pressing for co0plete aolition of the death penalty" This strategy was vulnerale on
uni;ueness grounds1 ecause of the present wea3ened state of the death penalty aolition
0ove0ent in this country" =owever1 the negative 0ight have successfully re0edied this
uni;ueness prole0 with an action plan to spar3 the aolitionist 0ove0ent through
deater,driven initiatives such as the sponsoring of pulic deates1 organi4ation of
protests1 or letter,writing ca0paigns" The co0petitiveness story would have re0ained
largely the sa0e as efore1 except the action plan would provide for the 7udge an activist
alternative to address the inherent prole0 &0ere existence of the death penalty1 rather
than its aritrary or discri0inatory application+"
Anticipated o7ections and reactions
(+ Since fiat is derived fro0 "should" in the resolution1 fiat power should e li0ited only
to the agent specified in the resolution" @ecause the deate co00unity &or individual
deaters+ are not agents in the resolution1 reflexive fiat is illegiti0ate"
9hile this argu0ent 0ay provide a coherent reason to li0it the scope of external fiat &e"g"
si0ulated advocacy of 0easures ta3en y institutions outside of the deate co00unity+
to only those actors specified in the resolution1 it does not under0ine the foundations of
reflexive fiat1 since the power to present one8s self as an agent of change is i0plicit in the
very process of partisan advocacy itself1 and transcends resolutional grounding" The 0ere
physical presence of a spea3er is sufficient grounds for a 7udge to entertain concrete
proposals for action on the part of that spea3er" The degree of confidence that a 7udge is
willing to invest in any given action plan 0ay depend on the past trac3 record of the
presenting advocate1 and?or the ;uality of evidence docu0enting the 0oili4ation
potential of the networ3 cited as the agent of change"
%+ Allowing reflexive fiat would lead to a flood of utopian1 crac3pot sche0es that would
waste our ti0e"
@ecause reflexive fiat discards the notion of fiat as si0ulation1 and instead views fiat as a
concrete course of action1 it is ounded y the li0its of prag0atis01 and utopian
exa0ples can e challenged effectively on such grounds" For instance1 as an exa0ple of
reflexive fiat1 2oyola8s energy c4ar plan provision could have een easily discredited on
the grounds that the 2oyola deaters provided insufficient evidence to 7ustify elief in
their capaility to assu0e the position of energy c4ars in the real world" They had no
detailed loying plans1 inside connections or strategies to gain such concrete political
power1 thus1 their proposal was highly vulnerale to solvency attac3s" @y eschewing the
power to directly control external actors1 reflexive fiat sheds the utopian di0ension that
plagues the fantastic atte0pts to extend the received view of fiat"
D+ Reflexive fiat would unravel the asic faric of deate as we 3now it and render the
activity foreign and alien"
If reflexive fiat eca0e successful as a legiti0ate tactic on a widespread asis1 it is true
that the face of deate would change as contest rounds would co0e to rese0le social
0ove0ent organi4ing sessions 0ore than hypothetical expert policy0a3ing foru0s"
=owever1 with such a shift1 there is no reason why 0any of the currently popular topoi of
argu0entation would have to e aandoned" >isadvantages1 case turns and :#6s would
still retain relevance as argu0ents serving to test the 0erits of the telos1 or ulti0ate goals
ehind specific reflexive fiat proposals" The 0a7or new genre of argu0ent li3ely to
e0erge would address the potential and proper political uses of the deate co00unity8s
resources"
E+ :olitical activis0 is so0ething to e underta3en outside of contest deates &the "wrong
foru0" argu0ent+"
@ecause of the degree to which intercollegiate deating participants are attracted y the
lure of co0petitive rewards1 efficacious political 0oili4ation on the part of the deate
co00unity 0ay only e possile if activist i0peratives are woven into the co0petitive
reward structure itself" Reflexive fiat see3s to estalish such a synergistic connection y
transfor0ing the 7udge8s allot into a trigger for outside activis0" Successful activist
initiatives would thus lay the foundation for future co0petitive rewards1 and co0petitive
rewards would1 in return1 sto3e the 0o0entu0 ehind activist initiatives"
Through the 0ediu0 of contest deates1 the deate co00unity continuously reinterprets
and adapts its nor0ative principles and collective identity" Accepting reflexive fiat in
contest rounds would the0ati4e and spur reflection on 0a7or issues regarding the deate
co00unity8s responsiilities to wider society and its potential as an agent of social
transfor0ation"
C+ 9hile reflexive fiat 0ight e OF when applied to individual deaters or tea0s1 it
enters the real0 of utopian private fiat when extended to the deate co00unity writ
large"
Should deaters advance reflexive fiat action plans calling for 0oili4ation y 0ore
people than 7ust the0selves1 proof would need to e supplied to de0onstrate that such
support could e otained ? would e forthco0ing" This prag0atic chec3 would prevent
the advocacy of unrealistic action plans which would include reluctant participants"
G+ Reflexive fiat could e aused y deaters who pro0ise extravagant activist efforts in
contest rounds ut then fail to follow through after securing co0petitive victories"
9hile this "hollow pro0ise" strategy 0ight pay short ter0 dividends1 eventually1 lac3 of
follow through could e presented in future rounds y opponents to downgrade the
crediility of reflexive fiat advocacy" 6o4arahian and 6owa3 fro0 9a3e Forest
currently face this contingencyA having yet to have followed through on their reflexive
fiat proposal to contact #iddle Bastern 6!Os &0ade at the Fentuc3y tourna0ent+1 the
crediility of their next atte0pt at reflexive fiat 0ay e in 7eopardy"
Conclusion
Critics of the acade0ic deate co00unity rightly deride its her0etically sealed
orientation as evidence of adication of the co00unity8s civic responsiility to funnel at
least so0e of its considerale expertise and resources directly into the ailing ody politic"
A good argu0ent can e 0ade that one of the theoretical conventions that tightens this
her0etic seal is the received view of si0ulated1 "external" fiat" In this piece1 I have
proposed not an enlarge0ent1 ut a retreat fro0 this view of fiat as a step designed to
facilitate an activist outward turn in acade0ic deate" :utting the sta0p of legiti0acy on
the strategy of reflexive fiat involves sanctioning the 0erit of this activist outward turn
and providing a useful outlet for its reali4ation"
&!ordon R" #itchell1 an 6>T top spea3er now coaches deate at the 5niversity of
:ittsurgh" This paper was presented at the ())C SCA 6ational Convention+