Summary

• Objects (1 modified, 1 added, 0 removed)
  • Caselist.RoundClass[5]
  • Caselist.CitesClass[5]

Details

Caselist.RoundClass[5]

EntryDate

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1		-2016-11-07 22:14:21.628
	1	+2016-11-07 22:14:21.0

Caselist.CitesClass[5]

Cites

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	1	+==FW==
	2	+I value government obligations. The resolution is a question of what the United States ought to do, so individual moral theories are comparatively less applicable.
	3	+
	4	+
	5	+====Internalism fails to account for the categorical nature of moral imperatives, leading to subjectivity.====
	6	+Katsafanas **~~Katsafanas, Paul. "Deriving Ethics from Action: A Nietzchean Version of Constitutivism." Philosophy and Phenomenological Research, LLC. Boston University: 2011~~**
	7	+**Internalism provides a straightforward and relatively uncontroversial way of justifying normative claims. But it **
	8	+**AND**
	9	+**to murder. And that conclusion will strike most of us as implausible.**
	10	+
	11	+
	12	+====AND externalism fails—it doesn't give agents a justification to act====
	13	+Katsafanas 2 **~~Katsafanas, Paul. "Deriving Ethics from Action: A Nietzchean Version of Constitutivism." Philosophy and Phenomenological Research, LLC. Boston University: 2011~~**
	14	+**While **externalism** captures the non-optional status of moral claims, it **faces several
	15	+AND
	16	+not murdering**. And this pushes us back in the direction of internalism.**
	17	+
	18	+
	19	+====Constitutivism splits the middle—it's both motivational and non-optional====
	20	+Katsafanas 3 **~~Katsafanas, Paul. "Deriving Ethics from Action: A Nietzchean Version of Constitutivism." Philosophy and Phenomenological Research, LLC. Boston University: 2011~~**
	21	+**Enter a third theory, which attempts to do just that: constitutivism. According **
	22	+**AND**
	23	+**by showing that there are reasons that arise from non-optional aims.**
	24	+
	25	+
	26	+====Second, the existence of an institution presupposes rules governing that institution- without following these rules, the institution ceases to exist, so it's a precondition to all other action====
	27	+Searle 64** ~~Searle, John (Professor of Philosophy at UC Berkeley). "How to Derive an 'Ought' From an 'Is'." The Philosophical Review Vol. 73, No. 1, January 1964~~**
	28	+**Though both kinds of statements state matters of objective fact, the **statements contain**ing words **
	29	+**AND**
	30	+activity whose existence is logically dependent on the rules**. **
	31	+1:00
	32	+
	33	+
	34	+====Within an institution, its normative obligations are indexed to its constitutive rules even if they interfere with something pragmatically better. ====
	35	+Nardin ~~**Terry Nardin 2. 1992 3. ". Review of International Studies 4. International Ethics and International Law 5. 1/30/2016 6. 7. Professor of Political Science at the University of Singapore~~**
	36	+**The first thing to observe in considering this objection is that **the 'purposes' of a
	37	+AND
	38	+have any bearing on the institutional obligations of government.
	39	+1:30
	40	+
	41	+
	42	+====The Constitution is the supreme rule of the government====
	43	+
	44	+
	45	+====From the ratified Constitution** ~~William Jackson (Secretary), signed by John Dickinson, Gouverneur Morris, Thomas Jefferson, John Adams, Thomas Paine, Edmund Randolph, James Madison, Roger Sherman, James Wilson, and George Wythe (Founding Fathers). Constitution. 1787~~====**
	46	+This Constitution**, … ratifying the Same. **
	47	+I assert that the Supreme Court of the United States ought to limit qualified immunity for police officers by forcing lower courts to give reason for exercising constitutional discretion, effectively overturning the precedent set in Pearson v. Callahan.
	48	+Walker 15** ~~Christopher J. Walker, Assistant Professor of Law, Michael E. Moritz College of Law, The Ohio State University, Aaron L. Nielson, Associate Professor of Law, J. Reuben Clark Law School, Brigham Young University, "The New Qualified Immunity," Southern California Law Review, Vol. 89, pp. 1-65, Oct. 19, 2015~~ **
	49	+**Whereas the core … for not doing so."**
	50	+
	51	+==Offense==
	52	+
	53	+
	54	+====Pearson v. Callahan established a precedent of discretion in the lower courts which creates confusion on which rights the Constitution guarantees ====
	55	+Walker 2 **~~Christopher J. Walker, Assistant Professor of Law, Michael E. Moritz College of Law, The Ohio State University, Aaron L. Nielson, Associate Professor of Law, J. Reuben Clark Law School, Brigham Young University, "The New Qualified Immunity," Southern California Law Review, Vol. 89, pp. 1-65, Oct. 19, 2015~~**
	56	+Qualified immunity**, however, is more than just substantively controversial; it also **creates
	57	+AND
	58	+the legal doctrine. I control the link to long-term violations.
	59	+
	60	+
	61	+====Stagnation is empirically proven- courts avoid the merits====
	62	+Walker 3** ~~Christopher J. Walker, Assistant Professor of Law, Michael E. Moritz College of Law, The Ohio State University, Aaron L. Nielson, Associate Professor of Law, J. Reuben Clark Law School, Brigham Young University, "The New Qualified Immunity," Southern California Law Review, Vol. 89, pp. 1-65, Oct. 19, 2015~~ **
	63	+**On the other hand, if one is concerned not only with courts reaching constitutional **
	64	+**AND**
	65	+**for** the** post-Pearson **constitutional stagnation theory** discussed in Part I.D**
	66	+
	67	+
	68	+====Qualified immunity shifts the debate away from a discussion of civil rights—this prevents constitutional deliberation and forms of activism that push for legal recognition====
	69	+Hassel 99** ~~Diana Hassel - Associate Professor, Roger Williams University School of Law. B.A. 1979, Mount Holyoke College; J.D. 1985, Rutgers, the State University of New JerseyNewark. "Living a Lie: The Cost of Qualified Immunity." Missouri Law Review. Winter 1999~~**
	70	+**IV. THE COST OF QUALIFIED IMMUNITY Qualified immunity has not been universally admired. **
	71	+**AND**
	72	+the participants in the system to change** it.'27 **
	73	+4:30
	74	+
	75	+
	76	+====Judicial establishment of constitutional rights checks back large-scale oppression ====
	77	+Somin 16** ~~Ilya Somin, The Supreme Court Is a Check on Big Government, Protection for Minorities, 2016~~**
	78	+**The Supreme Court gets many things wrong. Yet America would be a far worse **
	79	+**AND**
	80	+**War II. **Weakening the court would increase **the incidence of** such outrages.

EntryDate

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	1	+2016-11-07 22:14:23.606

Judge

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	1	+Miyamoto, Hunt, Ivens-Duran

Opponent

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	1	+San Marino KW

ParentRound

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	1	+5

Round

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	1	+Quarters

Team

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	1	+Servite Patrick Aff

Title

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	1	+Pearson AC

Tournament

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	1	+Damus