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1AC

1AC
Fuck this. Fuck that. This is the beginning and the end. The end of this world is
here and I’m here to declare it. Fuck plea bargaining. Fuck the privatized
prisons. Fuck the criminal justice system. This world is not for me and I am not
of it. I got nothing to lose fuck itttttttttt. EVERYTHING MUST FUCKING GO. OUR
ARGUMENT IS THAT VIOLENCE EXCEEDES BLACKNESS. OUR ARGUMENT
OPERATES ON AN ONTOLGICAL LEVEL. The debate community is whiteness.
Resolutions ARE racist. Why do we assume ethicality on civil society enough to
read “topical affs”?? Honestly the role of the ballot is to surrender to blackness.
Brady and Murillo 2014 [Nicholas and John, “Black Imperative: A Forum on Solidarity in the Age of Coalition,” January
26, 2014, http://outofnowhereblog.wordpress.com/2014/01/26/black-imperative-a-forum-on-solidarity-in-the-age-of-coalition/,
John Murillo III is a PhD student in the English department at Brown University, and a graduate of the University of California, Irvine,
with bachelor’s degrees in Cognitive Science and English. His research interests are broad, and include extensive engagements with
and within: Black Studies–particularly Afro-Pessimism–Narrative Theory; Theoretical Physics; Astrophysics; Cosmology; and
Neuroscience. Nicholas Brady is an activist-scholar from Baltimore, Maryland. He was also a recent graduate of Johns Hopkins with a
bachelor’s degree in Philosophy and currently a doctoral student at the University of California-Irvine Culture and Theory program. ]

“Surrender to blackness.” A grammatical imperative. Grammatical because syntactically it


marks a command to or demand of a generalized addressee: “(Everyone) surrender to blackness.”
Grammatical because the black flesh scarred and tattooed by these illegible hieroglyphics enunciates at the
level of symbolic and ontological world orders: “Surrender to blackness” is a command
at the level of the foundations of thought and being themselves; grammatical. Imperative
because if there is any hope for a revolutionary praxis along any lines—race, class,
gender, sexuality, (dis)ability—it must centralize, which is to say look in the face of, which is to say begin to
the work of real love for, the blackness [preposition] which “an authentic upheaval might be born .”
#BlackPowerYellowPeril failed to recognize this imperative as legible, let alone heed and meet its command/demand. Created by
Suey Park (@suey_park), the hashtag sought to draw from and build upon the accomplishments of Black womyn activists on twitter
and tumblr who have long mobilized to generate productive and revolutionary interjections into the world’s violently antiblack
discourses (see, for example, #solidarityisforwhitewomen, and #blackmaleprivilege) through extended, communal commentary,
usually in direct opposition to the censoring strictures of any kind of respectability politics. Discussions about and within the hashtag
can be found here, here, here, here(though this is very hasty, a bit shortsighted, and still not doing much more than glancing at, as
opposed to engaging blackness), and here. But broadly, the intentions of the hashtag are founded upon a belief in the possibility of
solidarity/coalition politics between Blacks and Asians, seeking to challenge persistent “tensions” between the communities for the
sake of a common struggle against ‘white supremacy.’ For those nonblack
participants, the drive toward solidarity
represents a purely innocent and unquestioned, unquestionable, desire. All critiques of Asian
antiblackness are rendered as derailing the move toward solidarity, for they are to bring up the obvious –
clearly we are all human, we make mistakes, but to continuously bring up the “mistakes” and never
“move on” is to foreclose the possibility of solidarity. And what a wonderful thing the blacks of the
conversation were foreclosing – this solidarity thing. What a wonderful thing others were offering to us and we simply would not
take. And yet, the unthought question remains: have you truly earned the right to act in
solidarity, to form solidarity, to even believe in solidarity? And what is this solidarity thing we all hold near and dear to our
hearts? Have we ever experienced it or do we simply have images we have transformed into memories of a solidarity that never
existed? I know Black people and Asian people have worked together in the past, but have we ever formed a solid whole? And who
is to blame for the fact that we have never had solidarity? The hashtag implies that both “sides” play an equal part in the failure to
form solidarity. In the face of this, confessing our sins to each other forms the moment where we can form emotional bonds: “see,
you were as racist as I, and how unfortunate it is that we let old whitey come between us. Never again will whitey make us part.”
This is the logic behind much of the Asian confessing – white supremacy duped us into
being antiblack racists – and also fed into the backlash aimed at blacks – “stop playing
oppression olympics, that’s what whitey wants.” It must be foregrounded here that
antiblackness cannot be simplified as “anti-black racism” and it is a singularity with no equivalent force –
“anti-Asian” racism is not the flipside of antiblackness nor is orientalism or
islamophobia. Antiblackness predates white supremacy by at least 300 year s (and much more
than that depending on how we trace our history) and we can understand antiblackness as the general
tethering of the very concept of life to the ontological and unspeakable, unthinkable
force of black death. That statement is a place to begin to define antiblackness, it is not the end for this force weaves itself
in infinite variety throughout all corners of the globe, forming globe into world. This is not simply about the little racist
microaggressions that people listed in their tweets, this is about a global force that the world – not simply whites – bond over and
form their lives inside of and through. What #BlackPowerYellowPeril revealed, however, is that the underside of
coalition politics remains a violent and virulent antiblackness. As blacks— John Murillo III
(@writedarkmatter), New Black School (@newblackschool), Nicholas Brady (@nubluez_nick), and others—raised questions and
comments in the spirit of that singular imperative—“Surrender to blackness”—antiblackness
emerged in the violence of the response levied against it; one need only visit the hashtag to bear witness. From outright
refusals to engage the antiblackness central to the histories and politics of nonblack
communities of color, to denials of the foundational, global, and singular nature of
antiblackness, and to the repeated calls to police and remove this disruptive blackness and its imperative from the
conversation, antiblackness exploded onto the scene. All of this in the name of “coalition.”
This is because “coalition” politics and possibilities are fetishized, not loved. The fetish denies the
necessary recognition of antiblackness at coalition’s heart, and that antiblackness left unattended
renders the imperative illegible. It is a fetishization, then, of antiblackness. The fetish object at the heart of the coalition has
always been black flesh – a fetishization where pleasure and terror meet to create the bonds
of solidarity people so desire. Here, we open a forum on how the hashtag embodies this fetish, the
distinction between fetish and love that must be made in excess of the hashtag and ones like it, and the
absolute imperativeness of the imperative. Instead of fetishizing the object, you must
surrender to blackness.

AND- Blackness is an identity without ontology- left leaning scholars’ political


discourse and civic participation mystifies the grammar of
suffering that blackness falls prey to. This discourse upholds civil society and
creates a “state of emergency” for blacks. Modernity, in this instance plea
bargaining, has deemed blackness as socially dead after chattel slavery
reconfigured Africanness – making their challenges interchangeable. Plea
bargaining is invested in the ethicality of civil society.
Wilderson 10 (Frank B. Wilderson III is Associate Professor of African American Studies and Drama at the University of
California, Irvine. He is the author of Incognegro: A Memoir of Exile and Apartheid, winner of the Hurston/Wright Legacy Award and
the American Book Award. He is also the recipient of a Literature Fellowship from the National Endowment for the Arts.) Red, White
& Black: Cinema and the Structure of U.S. Antagonisms. Durham, NC. Duke U Press. 2010. DOA: 12/25/16 HSLA//SC
It would be reassuring to say that Europeans rigorously debated the ethical implications of forcing the social death of slavery upon
Africans before they went ahead with it; but, as Marx, Eltis, and Spillers make abundantly clear, it would be more accurate simply to
say that African slavery did not present an ethical dilemma for global civil society. The ethical dilemmas were
unthought. During the emergence of new ontological relations in the modern world, from the late Middle Ages through the
1500s, many different kinds of people experienced slavery. In other words, there have been times when natal
alienation, general dishonor, and gratuitous violence have turned individuals of myriad ethnicities and races into beings who are
socially dead. But the African, or more precisely Blackness, is the moniker for an individual who is by
definition always already void of relationality. Thus, modernity marks the emergence of a new ontology because
it is an era in which an entire race of people who, a priori, that is prior to the contingency of the “transgressive act”
(such as losing at war or being convicted of a crime), stand as socially dead in relation to the rest of the world. This,
I will argue, is as true for those who were herded onto the slave ships as it is for those who had no knowledge whatsoever of the
coffles. In this period, chattel slavery, as a condition of ontology and not just as an event of experience,
stuck to the African like Velcro. To the extent that we can think the essence of Whiteness and the essence of
Blackness, we must think their essences through the structure of the Master/Slave relation. It should be clear by
now that I am not only drawing a distinction between what is commonly thought of as the Master/Slave relation and the constituent
elements of the Master/Slave relation (Patterson 6), but I am also drawing a distinction between the experience of slavery (which
anyone can be subjected to) and the ontology Red, White, & Black: Cinema and the Structure of U.S. Antagonisms 29 of slavery,
which in Modernity (the years 1300 to the present) becomes the singular purview of the Black. In this
period, slavery is cathedralized. It “advances” from a word which describes a condition that anyone can be subjected to, to a
word which reconfigures the African body into Black flesh . Far from being merely the experience of the African,
slavery is now the African’s access to (or, more correctly, banishment from) ontology.

AND- Black queer death is a precondition of the world itself. Rendered banal
and diurnal, quareness is unmappable and quare bodies are inherently deemed
fungible.
Warren ‘17 Warren, C. "Onticide: Afro-pessimism, Gay Nigger #1, and Surplus
Violence." GLQ: A Journal of Lesbian and Gay Studies, vol. 23 no. 3, 2017, pp. 391-418.
Project MUSE, muse.jhu.edu/article/659880. DOA: 1/27/18 HSLA//SC
The term Gay Nigger #1 carved into Steen’s skull is a philosophical conun- drum, or problem space,
precisely because it carries the antagonism between humanism and fungibility within its
discursive structure. The term Gay indexes human identity, and Nigger is the “thing”
void of human ontology—ontology’s mystery. It brings these two crises into
juxtaposition, creating somewhat of a theo- retical fatality, a devastating crime scene. At the site of this fatality lies Steen’s
mutilated, supine black body, which we cannot quite place within the symbolics of identity, politics, history, sociology, or law. In
cases like these, we put “theory” and “philosophy” into service to figure out who did “it,” what the murder weapon was, and what
the injury was—if we can even call it an injury. This situation frus- trates the researcher (researcher as detective, philosopher, and
medical examiner all at once) in that he lacks a coherent grammar to make this suffering legible. The assaulting party is
more like a structural phenomenon , and the fatality is a precon- dition of the world
itself. In this sense, the fatality is rendered banal, diurnal, and quotidian, as it sustains the
very field of existence. ONTICIDE 393 The “problem space” that Steen inhabits is the circuit of violence that fractures in
at least two ways: the province of human difference and the undif- ferentiated zone of blackness. The two terms that
are brought into alignment here, Nigger and Gay, are both formations of historical,
philosophical, and sociopoliti- cal violence. Understanding the operations of this
violence is the vital task of the researcher investigating the fatal collision between
these terms because they indi- cate a certain ontological violation that preconditions
physical injury.

Plea bargaining isn’t accessible to queer folk because the CJS inherently
presumes queerness as deceptive and overly sexual, thus guilty. Regardless of
pleas- quare folk get fucked over with harsher sentences.
Jones 15 Asher Waite-Jones, Queer (In)Justice: The Criminalization of LGBT People in
the United States, 30 Berkeley J. Gender L. & Just. 182 (2015). Available at:
http://scholarship.law.berkeley.edu/bglj/vol30/iss1/6 DOA:2-15-18 HSLA//SC
Queer people face injustice not only at the hands of the police, but also in the
courtroom. The book explains how queers within the criminal justice system are presumed
to be guilty of whatever crime they are charged with, particularly if that crime is
sexual in nature, due to societal discrimination against them, (p. 76). Additionally,
criminal archetypes casting queers as inherently deceptive cause judges, prosecutors,
and juries to treat them with suspicion (p. 76). As Queer (In)Justice points out, the perception of
transgender people as inherently “deceptive” stems from the notion that they are
“impersonating” someone of the “opposite sex” (pp. 31, 75-76). Judges and juries—
themselves products of a discriminatory system—are often receptive to these
narratives, built on criminalizing archetypes, when they are employed as part of a
prosecutorial strategy (p. 71). As a result, queer people often face higher conviction
rates and harsher sentences with collateral consequences in immigration, housing,
and employment that can negatively impact and shape their lives (pp. 77-78).

AND- once convicted, the system is fucked from the start – queer folk are
routinely forced to jump through hoops to get routinely shitted on. The aff’s
empty attempt at reform gets flipped and creates more violence.
Reilly 16 Mollie Reilly, 2-25-2016, "The Criminal Justice System Disproportionately
Targets LGBT People, Study Finds," HuffPost,
https://www.huffingtonpost.com/entry/lgbt-criminal-justice-
system_us_56ce3108e4b03260bf756d5c DOA: 2/16/18 HSLA//SC
Lesbian, gay, bisexual and transgender people are disproportionately jailed in federal
and state prisons, according to a Movement Advancement Project report released this week. LGBT people in the
U.S. are also more likely to face discriminatory policing, be treated unfairly while
incarcerated and have greater barriers to re-entering society post-release, the report
found. The analysis found that LGBT people account for 7.9 percent of the population in state and federal prisons — although
just 3.4 percent of Americans identify as gay or transgender. And while incarceration rates varied greatly for youth, MAP found that
between 12 and 20 percent of people in juvenile detention facilities identify as LGBT, versus 7 percent of young people nationally.
“Itused to be a crime to be LGBT in the United States, and while police are no longer
raiding gay bars, LGBT people, especially LGBT people of color, are still
disproportionately pushed into the criminal justice system,” MAP executive director Ineke Mushovic
said in a statement. “They are treated unfairly within the system and in correctional settings,
and face extraordinary challenges in rebuilding their lives.” MAP’s report details how LGBT
Americans face discrimination at every level of the criminal justice system. LGBT people are more likely to live in poverty, face
employment and housing discrimination, lack family support and not have sufficient access to social services, MAP reports. These
factors put them at a higher risk of becoming homeless or turning to criminal activity to provide for themselves or their families, thus
making it more likely they will face criminal charges.
The report also found that LGBT people are
discriminated against once in jail. They are more likely than other inmates to face
inhumane treatment, be placed in solitary confinement and have insufficient access to
legal resources. It’s also more common that they’ll find themselves in a courtroom
with biased judges or juries. LGBT individuals also face more hurdles once they have
served their sentences and are participating in post-release procedures, including
probation and re-entry programs. Additionally, a criminal record “compounds daily discrimination to create
substantial barriers to rebuilding one’s life,” the study argues. Read the full MAP report here. Earlier studies have reached similar
conclusions. A 2014 report from the Center for American Progress and Columbia University also highlighted the disproportionate
incarceration rate for LGBT people. It found that 75 percent of all LGBT people or individuals diagnosed with HIV had had “face-to
face contact” with law enforcement over the previous five years. And last year, the National Center for Transgender Equality and the
National Gay and Lesbian task force found that 16 percent of transgender people surveyed and 47 percent of black transgender
people surveyed had spent time behind bars. As politicians on both sides of the aisle highlight the need for criminal justice reform,
MAP’s researchers are urging lawmakers to consider the LGBT population while crafting policy proposals. “As the American people
and their elected leaders continue to discuss these issues, it is crucial to consider the experiences of LGBT people before, during and
after their encounters with the criminal justice system,” the MAP report concludes. “‘Fixing’ America’s criminal justice system means
fixing it for everybody, including nine million LGBT people across the nation.”

AND- The CJS as a structuring logic is antiblack and inherently biased against
black folk- even black youth are tried as adults. This should frame the way you
evaluate progress claims or aff solvency; this specific antiblack system does not
produce good ends.
Bowcott 15 Owen Bowcott, 10-9-2015, "Black Americans failed by inherently biased
legal system, ABA president says," Guardian, https://www.theguardian.com/us-
news/2015/oct/09/black-americans-legal-system-paulette-brown-american-bar-
association
African-American citizens are being failed by the US criminal justice system because of
ingrained racial bias in the way suspects are treated , according to the head of the United States’s largest legal
professional body. Paulette Brown, who became the first black female president of the American Bar Association (ABA) in August, is determined to
transform the negative image that many people hold of lawyers. Speaking to the Guardian during a visit to London for the formal opening ceremonies
of the legal term at Westminster Abbey and in parliament, Brown said one of the priorities of her year in office would be to lead the drive to encourage

where there
the ABA’s 400,000 members to carry out more voluntary, pro-bono work. But after going to Ferguson, Missouri, and other places

have been protests over the treatment of black suspects, she has also become more
concerned about the way defendants are processed through US courts. “One in 16
African Americans are subjected to the criminal justice system,” Brown explained, “compared
to one in 106 of white people. A lot of that is drugs. The evidence, however, shows that black people don’t use drugs any more
[than white people]. “But they are being arrested for it and charged with it [more frequently] and some of that is implicit bias -

particularly on the part of prosecutors. Prosecutors are overcharging.” She added: “ Ninety-five percent of all prosecutors

are white; 88% of all lawyers in US are white.” Brown, who was brought up in Baltimore, moved to New Jersey where she specialised in
commercial litigation and employment defence. She has also served as a municipal court judge for three years. “ In our system,
prosecutors have so much control – sometimes more than the judges,” she added. “They decide
whether someone is to be charged with a crime and what crime that will be. The judge doesn’t have discretion. The prosecution has so much power so
they have a bad reputation in the community. “Public defenders think they are really the do-gooders, but are they encouraging a group of people to
plead to higher offences than others? For example, there’s no evidence that black people use drugs more than whites, but they are arrested at a rate
more than six times than that of their white counterparts for drug use.” Public defenders, she added, do not have the same resources as prosecutors –
nor are they paid as much, “so you are sending a message saying that public defenders are not as important”. Brown said the ABA is supporting efforts
to redress the “implicit bias in the justice system”. Sometimes public defenders, she said, might be representing two people – one white, one African

There are so many subconscious


American – and they may enter a “less favourable plea deal for the brown character.

messages that are given to us that say white is good and black bad. “During Hurricane Katrina, for
example, when you saw an image of black people with food, they were [said to be] looting. When you saw an image of white people with food, they
had found it for their family. Sometimes it’s subliminal.” If any good had come out of the confrontations in Ferguson and elsewhere, she said, “it was

Brown
that people from all sorts of backgrounds got riled up about it: lawyers, prosecutors and police are willing to [accept] they may have bias”.

also pointed out that 53% of African-American youths who are arrested under the age
of 18 are charged as adults. “Sometimes,” she said, “they [charge people as young] as 13 or 14 year olds and treat them as adults.
“[That means] they go to a completely different court and have trials by jury as opposed to

being in a juvenile court. The prosecution have the discretion to charge them as adults; in some states there’s legislation pending
saying there should be a minimum age threshold.” Brown said she would like to talk to Barack Obama about the US’s prison population, which is the
largest in the world. “We are beginning to recognise there’s a problem of over-incarceration.” If she hasn’t spoken to Obama, Brown has, at least, met
the Queen. Both were at Runnymede in June for the 800th anniversary of the signing of Magna Carta. “I shook hands with the Queen,” she recalled.
“We chatted for about 30 seconds. She knew who I was. It was fantastic. She was very happy I was there.” Advertisement The mediaeval charter
remains a more potent cultural icon for Americans than for Britons. “We were taught about Magna Carta at my elementary school,” Brown said with
pride. The role of pro-bono work is becoming more important on both sides of the Atlantic. In the UK, the new justice secretary, Michael Gove, has
called on British lawyers to do more voluntary work to ensure justice is available for all. In the US, mandatory pro-bono work is becoming more
common. “There’s now mandatory pro-bono work of 50 hours a year for new lawyers in the year they qualify in New York before they get their full
licence,” she explained. “Many states have mandatory pro-bono work. They assign a case for you every year which has to be done on a pro-bono basis;
usually one day’s court work. They give you written instructions, but the instructions are often pretty basic. If you don’t do it, you get done for
contempt. “[But] lawyers still have to be able to earn a living. While it’s wonderful that lawyers do pro-bono work, it’s not a substitute [for all funded
legal representation] and they can’t fill that gap completely.”

AND we have an overkill argument- attempting to resolve anti-queer violence


through “rational instruments” doesn’t work. Overkill is a violence that exceeds
biological life and sustains civil society. It’s over. This world is over
Warren ‘17 Warren, C. "Onticide: Afro-pessimism, Gay Nigger #1, and Surplus
Violence." GLQ: A Journal of Lesbian and Gay Studies, vol. 23 no. 3, 2017, pp. 391-418.
Project MUSE, muse.jhu.edu/article/659880. DOA: 2/17/18 HSLA//SC
In “Near Life, Queer Death: Overkill and Ontological Capture,” Eric Stanley
(2011) provides a perspicacious
reading of Steen’s brutalization as “overkill.” It is significant in that it provides a
philosophical framework for understanding the particularity of the violence and the
ontological implications of it. This is a violence that exceeds the logic of utility — a
violence whose “end” is simply to reproduce the panicked pleasure that constitutes
it. Physical death, then, is not sufficient satiation; even after the biological
functioning of the body ceases (e.g., the heart stops, brain incapacitated, breathing stops), the aggressor
continues to mutilate the body, postmortem, as ending “biological life” is not the real
aim of this sadistic drive. This “surplus violence” attempts an impossible existential
objective—“to push [queers] backward out of time, out of History, and into that which
comes before,” according to Stanley (2011: 9). Given the impossibility of the existential “ends”
that set this violence into motion, the brutality must continue past death, outside “the
normative times of life and death,” beyond 1utility and reason, and incessantly
encircle the impossible object of its drive. Overkill , then, is the social materialization of
the drive. It is surplus violence (and surplus pleasure) that is caught in the circuit of failure , and
the disavowal of such a failure—where fail- ure is registered as success—that is, each additional stab, laceration, puncture, and
dismemberment, brings one “closer” to achieving the unachievable. Thus this excessive violence is the
symptom of an impossible existential aim. The problematic that Stanley brilliantly articulates invites us to
consider the functionality of violence on the onto-existential horizon and the inadequacy of humanist instruments to address, and
redress, these violations (e.g., “rights,” “equal protection,” “citizenship”). One
simply cannot rely on “rational
instru- ments” to resolve an irrational dilemma, especially when these very
instruments depend on the destructive kernel of irrationality to sustain them. In other
words, the horror of overkill is less the spectacular violence of mutilated flesh than that any “solution” or “corrective” to this
problem would also have to reside beyond “the normative times of life and death” (Stanley 2011: 9) and outside reason itself.
Overkill is the violence that sustains society, and without it, liberal democracy and its
institutions would cease to exist.

QUESTION THE USFG YOU LD JUDGES ARE CONDITIONED TO JUST ASSUME LD DEBATE
REQUIRES POLICIES WHEN THE RESOLUTION DOESN’T EVEN SAY ANY
TROFANENKO Research Chair in Education, Culture and Community @ Acadia University
2k5
Brenda-; On Defense of the Nation; THE SOCIAL STUDIES, 96.5 (2005): 193+;
http://go.galegroup.com.proxy.binghamton.edu/ps/i.do?id=GALE%7CA139957613&v=2.1&u=bingul&it=r&p=AONE&sw=w
Toward a More Global Sense of the Nation
Knowing how history is a site of political struggle, how we engage with social studies education
means emphasizing how power, processes, and practices bear
tangible effects on forging a national (and common) history by
reproducing and vindicating inclusions and exclusions. Such a critique
requires questioning how a singular, fixed, and static history celebrates the U.S.
nation and its place in the world as that "common base of factual information about
the American historical and contemporary experience" (27) argues for in the Fordham report. Our
world history courses are central to defining, understanding, and knowing not only other nations but also the position of each
nation in relation to the United States. The centrality that the west holds (notably the United States as an
imperial power) is ingrained and willful in framing specific representations of the west that normalize the
imperial practices that established this nation. The role that the United States holds on

the world stage frequently remains unquestioned in social


studies classrooms. Certainly, we engage with various images and tropes to continue to advance
how the colonialist past continues to remain present in our historical sensibilities. Moreover, the
increasing number and choices of archival sources function as a complement to further understanding the nation. If
students are left to rely on the variety of historical resources rather than
question the use of such resources, then the most likely outcome of their learning will be
the reflection on the past with nostalgia that continues to celebrate myths and
colonial sensibility.

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