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+Framing |
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+Ideal theory strips away particularities making ethics inaccessible and epistemically skewed |
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+Mills 05, Charles, 2005, Ideal Theory” as Ideology, |
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+“The crucial common claim—whether couched in terms of ideology and fetishism, or androcentrism, or white normativity—is that all theorizing, both moral and nonmoral, takes place in an intellectual realm dominated by concepts, assumptions, norms, values, and framing perspectives that reflect the experience and group interests of the privileged group (whether the bourgeoisie, or men, or whites). So a simple empiricism will not work as a cognitive strategy; one has to be self-conscious about the concepts that “spontaneously” occur to one, since many of these concepts will not arise naturally but as the result of social structures and hegemonic ideational patterns. In particular, it will often be the case that dominant concepts will obscure certain crucial realities, blocking them from sight, or naturalizing them, while on the other hand, concepts necessary for accurately mapping these realities will be absent. Whether in terms of concepts of the self, or of humans in general, or in the cartography of the social, it will be necessary to scrutinize the dominant conceptual tools and the way the boundaries are drawn. This is, of course, the burden of standpoint theory—that certain realities tend to be more visible from the perspective of the subordinated than the privileged (Harding 2003). The thesis can be put in a strong and implausible form, but weaker versions do have considerable plausibility, as illustrated by the simple fact that for the most part the crucial conceptual innovation necessary to map nonideal realities has not come from the dominant group. In its ignoring of oppression, ideal theory also ignores the consequences of oppression. If societies are not oppressive, or if in modeling them we can abstract away from oppression and assume moral cognizers of roughly equal skill, then the paradigmatic moral agent can be featureless. No theory is required about the particular group-based obstacles that may block the vision of a particular group. By contrast, nonideal theory recognizes that people will typically be cognitively affected by their social location, so that on both the macro and the more local level, the descriptive concepts arrived at may be misleading.” (175) |
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+Challenging racism is a prior ethical question to any other framework |
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+Memmi 2k MEMMI Professor Emeritus of Sociology @ Unv. Of Paris Albert-; RACISM, translated by Steve Martinot, pp.163-165 |
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+The struggle against racism will be long, difficult, without intermission, without remission, probably never achieved, yet for this very reason, it is a struggle to be undertaken without surcease and without concessions. One cannot be indulgent toward racism. One cannot even let the monster in the house, especially not in a mask. To give it merely a foothold means to augment the bestial part in us and in other people which is to diminish what is human. To accept the racist universe to the slightest degree is to endorse fear, injustice, and violence. It is to accept the persistence of the dark history in which we still largely live. It is to agree that the outsider will always be a possible victim (and which person man is not themself himself an outsider relative to someone else?). Racism illustrates in sum, the inevitable negativity of the condition of the dominated; that is it illuminates in a certain sense the entire human condition. The anti-racist struggle, difficult though it is, and always in question, is nevertheless one of the prologues to the ultimate passage from animality to humanity. In that sense, we cannot fail to rise to the racist challenge. However, it remains true that one’s moral conduct only emerges from a choice: one has to want it. It is a choice among other choices, and always debatable in its foundations and its consequences. Let us say, broadly speaking, that the choice to conduct oneself morally is the condition for the establishment of a human order for which racism is the very negation. This is almost a redundancy. One cannot found a moral order, let alone a legislative order, on racism because racism signifies the exclusion of the other and his or her subjection to violence and domination. From an ethical point of view, if one can deploy a little religious language, racism is “the truly capital sin.”fn22 It is not an accident that almost all of humanity’s spiritual traditions counsel respect for the weak, for orphans, widows, or strangers. It is not just a question of theoretical counsel respect for the weak, for orphans, widows or strangers. It is not just a question of theoretical morality and disinterested commandments. Such unanimity in the safeguarding of the other suggests the real utility of such sentiments. All things considered, we have an interest in banishing injustice, because injustice engenders violence and death. Of course, this is debatable. There are those who think that if one is strong enough, the assault on and oppression of others is permissible. But no one is ever sure of remaining the strongest. One day, perhaps, the roles will be reversed. All unjust society contains within itself the seeds of its own death. It is probably smarter to treat others with respect so that they treat you with respect. “Recall,” says the bible, “that you were once a stranger in Egypt,” which means both that you ought to respect the stranger because you were a stranger yourself and that you risk becoming once again someday. It is an ethical and a practical appeal – indeed, it is a contract, however implicit it might be. In short, the refusal of racism is the condition for all theoretical and practical morality. Because, in the end, the ethical choice commands the political choice. A just society must be a society accepted by all. If this contractual principle is not accepted, then only conflict, violence, and destruction will be our lot. If it is accepted, we can hope someday to live in peace. True, it is a wager, but the stakes are irresistible. |
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+This approach to ethics justifies focus on resolving material conditions of violence. Morality isn’t just something that we strive for in a vaccum, rather, we resolve it based on the empirical world. Pappas 16 |
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+Gregory Fernando Pappas Texas AandM University “The Pragmatists’ Approach to Injustice”, The Pluralist Volume 11, Number 1, Spring 2016, |
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+In Experience and Nature, Dewey names the empirical way of doing philosophy the “denotative method” (LW 1:371).18 What Dewey means by “denotation” is simply the phase of an empirical inquiry where we are con- cerned with designating, as free from theoretical presuppositions as possible, the concrete problem (subject matter) for which we can provide different and even competing descriptions and theories. Thus an empirical inquiry about an injustice must begin with a rough and tentative designation of where the injustices from within the broader context of our everyday life and activities are. Once we designate the subject matter, we then engage in the inquiry itself, including diagnosis, possibly even constructing theories and developing concepts. Of course, that is not the end of the inquiry. We must then take the results of that inquiry “as a path pointing and leading back to something in primary experience” (LW 1:17). This looping back is essential, and it neverends as long as there are new experiences of injustice that may require a revi- sion of our theories.¶ Injustices are events suffered by concrete people at a particular time and in a situation. We need to start by pointing out and describing these prob- lematic experiences instead of starting with a theoretical account or diagnosis of them. Dewey is concerned with the consequences of not following the methodological advice to distinguish designation from diagnosis. Definitions, theoretical criteria, and diagnosis can be useful; they have their proper place and function once inquiry is on its way, but if stressed too much at the start of inquiry, they can blind us to aspects of concrete problems that escape our theoretical lenses. We must attempt to pretheoretically designate the subject matter, that is, to “point” in a certain direction, even with a vague or crude description of the problem. But, for philosophers, this task is not easy because, for instance, we are often too prone to interpret the particular problem in a way that verifies our most cherished theories of injustice. One must be careful to designate the subject matter in such a way as not to slant the question in favor of one’s theory or theoretical preconceptions. A philosopher must make an honest effort to designate the injustices based on what is experienced as such because a concrete social problem (e.g., injustice) is independent and neutral with respect to the different possible competing diagnoses or theories about its causes. Otherwise, there is no way to test or adjudicate between competing accounts.¶ That designation precedes diagnosis is true of any inquiry that claims to be empirical. To start with the diagnosis is to not start with the problem. The problem is pretheoretical or preinquiry, not in any mysterious sense but in that it is first suffered by someone in a particular context. Otherwise, the diagnosis about the causes of the problem has nothing to be about, and the inquiry cannot even be initiated. In his Logic, Dewey lays out the pattern of all empirical inquiries (LW 12). All inquiries start with what he calls an “indeterminate situation,” prior even to a “problematic situation.” Here is a sketch of the process:¶ Indeterminate situation → problematic situation → diagnosis: What is the problem? What is the solution? (operations of analysis, ideas, observations, clarification, formulating and testing hypothesis, reasoning, etc.) → final judgment (resolution: determinate situation)¶ To make more clear or vivid the difference of the starting point between Anderson and Dewey, we can use the example (or analogy) of medical prac- tice, one that they both use to make their points.19 The doctor’s startingpoint is the experience of a particular illness of a particular patient, that is, the concrete and unique embodied patient experiencing a disruption or prob- lematic change in his life. “The patient having something the matter with him is antecedent; but being ill (having the experience of illness) is not the same as being an object of knowledge.”20 The problem becomes an object of knowledge once the doctor engages in a certain interaction with the patient, analysis, and testing that leads to a diagnosis. For Dewey, “diagnosis” occurs when the doctor is already engaged in operations of experimental observation in which he is already narrowing the field of relevant evidence, concerned with the correlation between the nature of the problem and possible solu- tions. Dewey explains the process: “A physician . . . is called by a patient. His original material of experience is thereby provided. This experienced object sets the problem of inquiry. . . . He calls upon his store of knowledge to sug- gest ideas that may aid him in reaching a judgment as to the nature of the trouble and its proper treatment.”21¶ Just as with the doctor, empirical inquirers about injustice must return to the concrete problem for testing, and should never forget that their con- ceptual abstractions and general knowledge are just means to ameliorate what is particular, context-bound, and unique. In reaching a diagnosis, the doc- tor, of course, relies on all of his background knowledge about diseases and evidence, but a good doctor never forgets the individuality of the particular problem (patient and illness).¶ The physician in diagnosing a case of disease deals with something in- dividualized. He draws upon a store of general principles of physiology, etc., already at his command. Without this store of conceptual material he is helpless. But he does not attempt to reduce the case to an exact specimen of certain laws of physiology and pathology, or do away with its unique individuality. Rather he uses general statements as aids to direct his observation of the particular case, so as to discover what it is like. They function as intellectual tools or instrumentalities. (LW 4:166)¶ Dewey uses the example of the doctor to emphasize the radical contex- tualism and particularism of his view. The good doctor never forgets that this patient and “this ill is just the specific ill that it is. It never is an exact duplicate of anything else.”22 Similarly, the empirical philosopher in her in- quiry about an injustice brings forth general knowledge or expertise to an inquiry into the causes of an injustice. She relies on sociology and history as well as knowledge of different forms of injustice, but it is all in the service of inquiry about the singularity of each injustice suffered in a situation.¶ The correction or refinement that I am making to Anderson’s character- ization of the pragmatists’ approach is not a minor terminological or scholarly point; it has methodological and practical consequences in how we approach an injustice. The distinction between the diagnosis and the problem (the ill- ness, the injustice) is an important functional distinction that must be kept in inquiry because it keeps us alert to the provisional and hypothetical aspect of any diagnosis. To rectify or improve any diagnosis, we must return to the concrete problem; as with the patient, this may require attending as much as possible to the uniqueness of the problem. This is in the same spirit as Anderson’s preference for an empirical inquiry that tries to “capture all of the expressive harms” in situations of injustice. But this requires that we begin with and return to concrete experiences of injustice and not by starting with a diagnosis of the causes of injustice provided by studies in the social sciences, as in (5) above. For instance, a diagnosis of causes that are due to systematic, structural features of society or the world disregards aspects of the concrete experiences of injustice that are not systematic and structural.¶ Making problematic situations of injustice our explicit methodological commitment as a starting point rather than a diagnosis of the problem is an important and useful imperative for nonideal theories. It functions as a directive to inquirers toward the problem, to locate it, and designate it before venturing into descriptions, diagnosis, analysis, clarifications, hypotheses, and reasoning about the problem. These operations are instrumental to its ame- lioration and must ultimately return (be tested) by the problem that sparked the inquiry. The directive can make inquirers more attentive to the complex ways in which such differences as race, culture, class, or gender intersect in a problem of injustice. Sensitivity to complexity and difference in matters of injustice is not easy; it is a very demanding methodological prescription because it means that no matter how confident we may feel about applying solutions designed to ameliorate systematic evil, our cures should try to address as much as possible the unique circumstances of each injustice. The analogy with medical inquiry and practice is useful in making this point, since the hope is that someday we will improve our tools of inquiry to prac- tice a much more personalized medicine than we do today, that is, provide a diagnosis and a solution specific to each patient. |
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+Thus, the standard is resolving material conditions of violence. Prefer additionally: |
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+First, the standard outweighs on actor specificity. Government must be practical and cannot concern itself with metaphysical questions – its only role is to protect citizens’ interests |
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+Rhonheimer 05 (Martin, Prof Of Philosophy at The Pontifical University of the Holy Cross in Rome). “THE POLITICAL ETHOS OF CONSTITUTIONAL DEMOCRACY AND THE PLACE OF NATURAL LAW IN PUBLIC REASON: RAWLS’S “POLITICAL LIBERALISM” REVISITED” The American Journal of Jurisprudence vol. 50 (2005), pp. 1-70 |
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+“It is a fundamental feature of political philosophy to be part of practical philosophy. Political philosophy belongs to ethics, which is practical, for it both reflects on practical knowledge and aims at action. Therefore, it is not only normative, but must consider the concrete conditions of realization. The rationale of political institutions and action must be understood as embedded in concrete cultural and, therefore, historical contexts and as meeting with problems that only in these contexts are understandable. A normative political philosophy which would abstract from the conditions of realizability would be trying to establish norms for realizing the "idea of the good" or of "the just" (as Plato, in fact, tried to do in his Republic). Such a purely metaphysical view, however, is doomed to failure. As a theory of political praxis, political philosophy must include in its reflection the concrete historical context, historical experiences and the corresponding knowledge of the proper logic of the political. 4 Briefly: political philosophy is not metaphysics, which contemplates the necessary order of being, but practical philosophy, which deals with partly contingent matters and aims at action. Moreover, unlike moral norms in general-natural law included-which rule the actions of a person-"my acting" and pursuing the good-the logic of the political is characterized by acts like framing institutions and establishing legal rules by which not only personal actions but the actions of a multitude of persons are regulated by the coercive force of state power, and by which a part of citizens exercises power over others. Political actions are, thus, both actions of the whole of the body politic and referring to the whole of the community of citizens. 5 Unless we wish to espouse a platonic view according to which some persons are by nature rulers while others are by nature subjects, we will stick to the Aristotelian differentiation between the "domestic" and the "political" kind of rule 6: unlike domestic rule, which is over people with a common interest and harmoniously striving after the same good and, therefore, according to Aristotle is essentially "despotic," political rule is exercised over free persons who represent a plurality of interests and pursue, in the common context of the polis, different goods. The exercise of such political rule, therefore, needs justification and is continuously in search of consent among those who are ruled, but who potentially at the same time are also the rulers. Thus, unlike individual ethics, which is concerned with the goodness, fulfillment and flourishing of human persons, political ethics and philosophy-as a conception of political action and the political, that is, the common good -must be right from the beginning, and even on the level of basic principles, prudential in a specific way: it is a principled kind of prudence, based on the specific subject matter of the political, that guides actions-e.g., lawmaking—chosen for, and in many cases in behalf of, a multitude of free persons the results of which are enforced by means of the coercive apparatus of what we nowadays call "the state." This principled kind of political prudence and its inherent logic of specifically political justification constitute "public reason." “ |
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+This means that a) you reject abstract ethical theories—at the end of the day, no one cares whether they willed a contradiction or not, but rather the government concerns itself with outcomes of its actions, and b) absent of the neg explaining why they link to political philosophy, you default my framework. |
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+Harms |
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+Welcome to Trump’s America. Things aren’t going to get better any time soon under his attempts to “Make America Great Again”. Ben Carson doesn’t even believe in the anti-discrimination laws that exist in the squo. |
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+Williams 2-1 Jumaane D. Williams (Deputy leader, New York City Council), Ben Carson is dangerous for HUD. He got the job anyway because Trump has normalized incompetence, Quartz, 2/1/2017. https://qz.com/899568/donald-trumps-cabinet-confirmations-ben-carsons-hud-secretary-confirmation-is-a-dangerous-normalization-of-incompetence/ |
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+One example is his opposition on a HUD staple: the fair housing rule. This country has a long history of systematically denying housing to black and brown Americans. Indeed, US president Donald Trump and his father have also been accused of housing discrimination. The Affirmatively Furthering Fair Housing program exists to address these issues by requiring local communities to examine patterns of income and racial discrimination in housing. Yet Carson believes these types of preventive measures against discrimination are “mandated social-engineering schemes.” Further, he believes it is not the role of the government to “legislate racial equality,” which in his words can be “downright dangerous.” Another cause for major concern is Caron’s belief that poverty is a choice. HUD oversees federal rental assistance programs that serve more than five million of the country’s lowest-income families. The agency is also provides federal government funding for the nation’s public housing developments. A great number of these families live in New York, including the country’s largest public housing system. |
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+The root of the justifications lies in a loophole in federal policy- currently, even through the Fair Housing Act would render ordinances unconstitutional, they are permitted under the guise of state rights. |
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+Batson 08 Todd D. Batson, No Vacancy: Why Immigrant Housing Ordinances Violate FHA and Section 1981, 74 Brook. L. Rev. (2008). Available at: http://brooklynworks.brooklaw.edu/blr/vol74/iss1/5 |
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+The United States has always faced immigration challenges. After the Pilgrims established the first U.S. colony in New England,2 an ensuing immigration stream grew the U.S. population to over 300 million people within 386 years.3 This population growth has increased the demands for social services and the costs required to maintain infrastructure.4 As one response to these rising costs and other immigration concerns, state and municipal governments have enacted local laws to regulate immigrant housing.' |
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+Yet while Congress has exclusive power to regulate immigration, there is no per se federal preemption of every state and municipal immigration law.6 Rather, federal immigration laws only preempt those state and municipal laws that specify which immigrants may enter the United States and the conditions under which those immigrants may remain.7 In Villas at Parkside Partners v. City of Farmers Branch,' the Northern District of Texas enjoined a municipal |
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+ordinance that regulated immigrant housing.9 The court held that federal authority preempted the municipal ordinance because the ordinance enacted a locally prescribed framework to determine which immigrants could rent apartments. ° However, the court suggested that it would affirm an ordinance that deferred to federal immigration standards." Such deference is problematic because while border communities might prioritize immigration concerns, regulation of immigrant housing is a national problem that requires a uniform, federal approach. 2 It directly implicates political functions involving foreign affairs and relations, 3 an area where federal courts typically defer to the Executive Branch. |
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+Plan |
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+Plan Text: The United States Federal Government should remove all restricting housing ordinances and end all legal administrations that curtail immigrant access to housing by expanding the jurisdiction of the Fair Housing Act to apply to states’ obligations to protect immigrants. |
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+Batson 08 Todd D. Batson, No Vacancy: Why Immigrant Housing Ordinances Violate FHA and Section 1981, 74 Brook. L. Rev. (2008). Available at: http://brooklynworks.brooklaw.edu/blr/vol74/iss1/5 |
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+State and municipal governments may neither slam their front doors shut, nor gate-keep their communities by determining which immigrants may enter and remain. 7 4 Unlawful immigration does impose costs on state and municipal governments, and border communities may very well bear those costs disproportionately. However, exporting immigration costs to neighboring communities is no solution.'75 Rather, state and municipal governments should coalesce around a unified plan and lobby Congress to address the immigration problem comprehensively. A comprehensive regulatory framework would avoid inconsistent regulation from state and local governments. The framework would be more likely to provide tenants and property owners notice of their legal obligations, and would provide adequate and meaningful review. Congress has the power to articulate a standard of scrutiny that addresses equal protection concerns for immigrants. A federal statute, moreover, would represent the cooperation and contributions of the nation as a whole. Since immigration policies directly implicate political functions involving foreign affairs and relations,'76 a nationally accountable Congress is the appropriate body to address these concerns. Congress may take longer to act than state and municipal governments would like. Thus, in the interim, state and municipal communities are likely to elect at least some politicians running "tough on immigration" campaigns. These politicians are likely to encourage state and municipal regulations of immigrant housing. Yet this Note has discussed the legal deficiencies with local regulations.'77 Because of these legal deficiencies, local residents must challenge immigrant housing ordinances under FHA and Section 1981 V' In the end, a comprehensive, well-reasoned approach to immigration will best address the national problem, while ensuring that the United States' doors to the "tempest-tost"'79 remain open. |
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+Advantage 1 is Cultural Shift |
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+Rejecting immigration restrictions transforms landscapes by re-shaping social values through disruption of racial narratives and contestation of political norms. |
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+Lal 13 Lal, Prerna, You Cannot Live Here — Restrictive Housing Ordinances as the New Jim Crow (June 1, 2013) |
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+A great influx of Latino immigration has transformed how place and race is lived in America. Latino immigrants challenge the black/white binary that has long shaped U.S. race relations, and their continued migration to suburbs will likely play a transformative role in changing the urban/suburban landscape (Price, 2012). While many Latinos continue to face concentrated poverty and live in highly segregated areas (Logan Prerna Lal 17 2010; Massey, 2007), mass migration can radically transform both the city and suburban landscape. As immigrant workers continue to increase in the American workforce over the next few decades, both cities and suburbs will become new spaces of political contestation. As Latinos move from cities to suburbs, they can expand labor market and cultural networks, and help to integrate newly arriving immigrants into both the urban and suburban landscape. |
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+Independent of anything else, the 1AC leads to a spillover effect- rights based approach to housing is key to spurring more positive policy reform, |
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+Adams 08, Kristen David (Professor of Law, Stetson University College of Law). "Do we need a right to housing." Nev. LJ 9 (2008): 275. |
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+Rights are more powerful than goals, policies, commitments, and other non-rights. One illustration of this truth is that the United States has recognized a commitment to “a decent home and a suitable living environment for every American family” dating back to 1949.162 This resolution came from President Franklin Delano Roosevelt’s 1944 State of the Union Address, in which he urged the adoption of a “Second Bill of Rights” that would include a right to housing.163 Congress officially adopted Roosevelt’s housing goal in 1949.164 Thus, a commitment to housing for all persons in the United States is not an entirely new concept, but creating an affirmative right to housing would take Congress’ previous commitment to a whole new level and require that it be met. The 1949 commitment lacked specific goals that would have made it enforceable and meaningful.165 Currently, the United States falls far short of providing housing to every family in America who needs it; instead, only about one-fourth of those who qualify for housing assistance actually receive it.166 The 1949 commitment can therefore be seen as an example of why affordable housing goals are not sufficient. Instead, rights are required.167 Rights, unlike goals, tend to provide the level of specificity needed to motivate follow through. Unlike goals, rights also create grounds for litigation if no follow through is forthcoming.168 In addition to having greater power than non-rights, rights create legitimacy for programs to enforce those rights.169 Having a right to housing should put the brakes on continual budget cuts for housing programs in the legislative appropriations process.170 Making housing a right may also motivate increased construction of affordable housing.171 |
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+Moreover, a right to housing would be key to solving for housing segregation, which divides and excludes people from the city. |
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+Bryson 06 David Bryson (Attorney for the National Housing Law Project) A Right to Housing, edited by Rachel Bratt, et al., Temple University Press, 2006. |
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+From a constitutional Right to Housing, the courts also may develop local governmental responsibility to ensure security from crime. The provider of housing may have certain responsibilities regarding security—for example, installing and maintaining adequate locks and lighting—but landlords’ and developers’ ability to protect residents from criminal activities is limited. Courts interpreting a constitutional Right to Housing would eventually have to decide what obligations a local government must assume in that regard. A similar analytical process would be undertaken with respect to other neighborhood conditions. As attributes of a Right to Housing that relate to location work their way through the judicial system, there will be details regarding local governments’ obligations to ensure adequate municipal services, insulation from environmental hazards and accessibility to commercial and professional facilities. New life may be breathed into the original equalization of municipal services cases. More work also will be done on the remedies for those local governments and public housing authorities that have operated racially segregated housing systems since the 1930s. Strategies need to be developed, now that the federal government is putting so much effort into tearing down large components of those systems, to impose liability upon the government agencies involved to replace the demolished units with decent, affordable housing that is made available to the individuals and groups that have suffered the discrimination in the past. It also may be possible to expand the bases for governmental liability beyond their having operated segregated public and assisted housing programs. Many other governmental actions have contributed to racial segregation in housing and the unequal neighborhood conditions that people of color have suffered and are still suffering. One example is stimulation of the development of virtually all-white suburban neighborhoods of single-family homes with racially restricted FHA and VA mortgage insurance and guarantees, the funding of highways and other commuter transportation systems and the maintenance of the federal and state mortgage interest deductions and other tax deductions that made homeownership affordable to the white middle class. Another is government choice to locate highways, industry, waste disposal facilities and other uses with deleterious consequences in or near neighborhoods where people of color live, while withholding from such neighborhoods the services and funding that they need to be equally decent places to live (see South Camden Citizens in Action). A third is the use of state governmental power to establish separate local governments with their own taxing and spending powers that enable the more wealthy, predominantly white communities to achieve residential environments that are in better physical condition, more secure from crime, better served by governmental agencies, more endowed with commercial facilities and, of course, served by better schools. Litigation based upon these theories would be ambitious to say the least, but achieving a Right to Housing that includes freedom from discrimination will add strength to the litigation theories. |
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+Redlining’s impacts still affect Latino and black communities today. Housing ordinances perpetuates mass income inequality. There is a historical obligation to reject racist ordinances. |
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+Boak 16 For minorities, pain is severe decade after housing peaked By JOSH BOAK Jun. 20, 2016 2:47 PM EDT bigstory.ap.org/article/b8ceee210bb344e68bebe95ab73faf5a/10-years-after-housing-bubble-damage-lingers-minorities |
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+The problem is most pronounced among minorities who already had lower ownership rates before the bubble. Actions such as "redlining" — which for decades denied loans to minorities — excluded black neighborhoods from government-backed mortgages. This made it harder for minorities to buy even as the U.S. economy surged after World War II and overall home ownership rates climbed. Many minority homeowners who bought or refinanced during the bubble eventually became trapped by predatory mortgages, some requiring no money down and monthly payments that eventually ballooned. |
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+Advantage 2 is Legal Spillover |
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+The 1AC would provide strong legal backing for potential lawsuits, setting a legal precedent in favor of immigrants. |
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+Batson 08 Todd D. Batson, No Vacancy: Why Immigrant Housing Ordinances Violate FHA and Section 1981, 74 Brook. L. Rev. (2008). Available at: http://brooklynworks.brooklaw.edu/blr/vol74/iss1/5 |
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+ |
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+CHALLENGING IMMIGRANT HOUSING ORDINANCES IS MOST PRACTICAL UNDER THE FAIR HOUSING ACT AND SECTION 1981 This Note argues that because of the legal deficiencies with immigrant housing ordinances, 4 the most practical challenges to them arise under FHA and Section 1981. FHA prohibits housing practices that have a discriminatory effect on parties because of race, color, or national origin."' Thus, while an equal protection challenge requires proof of discriminatory intent,"' courts have interpreted FHA more broadly." 7 Additionally, Section 1981 prohibits parties from restricting any person's right to enter a contract because of race, ethnicity, or national origin.2 8 As a result, Section 1981 prohibits any state or municipal law that forbids a property owner or manager from entering leases with unlawful immigrants." 9 This Note argues that in comparison to a preemption, due process or equal protection challenge, plaintiffs face a lower bar to establish wrongdoing under FHA and Section 1981. It follows that the most practical means to challenge these immigrant housing ordinances are FHA and Section 1981. By doing so, plaintiffs can defeat local piecemeal efforts to regulate immigrant housing and thereby encourage a uniform, national approach to a common problem. Congress enacted FHA13° to provide fair housing throughout the nation and to prohibit all public and private racial discrimination in the sale and rental of real property. 3' The reach of FHA is broad, covering most dwellings and protecting any person seeking to rent or purchase a dwelling, regardless of immigration status.'32 While there is a limited exemption for single-family homes, the exemption does not extend to apartment complexes."' Thus, apartment complex owners and managers must comply with FHA provisions. Immigrant housing ordinances injure both tenants and property owners, and both groups have standing to challenge the ordinances under FHA.'34 The ordinances harm tenants because they disparately impact minority renters. Further, the ordinances infringe on tenants' rights to enjoy a diverse community.'35 They harm property owners and managers, in contrast, because they are too vague.'36 Property owners and managers lack sufficient notice and guidance regarding their new legal obligations.'37 Thus, in an effort to comply with local regulations, they may incidentally violate federal laws. Property owners and managers face a basic dilemma: they may abide by federal laws and risk violating local ordinances, or they may abide by local ordinances and risk violating federal laws. |
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+Winning lawsuits can be a massive leg-up for marginalized communities stuck in poverty |
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+Wiki n.d. Housing discrimination (United States), From Wikipedia, the free encyclopedia, https://en.wikipedia.org/wiki/Housing_discrimination_(United_States) |
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+The federal government has passed other initiatives in addition to the Fair Housing Act of 1968. The Equal Credit Opportunity Act of 1974 and Community Reinvestment Act of 1977 helped with discrimination in mortgage lending and lenders' problems with credit needs.12 The Fair Housing Amendments Act of 1988 was passed to give the federal government the power to enforce the original Fair Housing Act to correct past problems with enforcement.13 The amendment established a system of administrative law judges to hear cases brought to them by the United States Department of Housing and Urban Development and to levy fines.14 Because of the relationship between housing discrimination cases and private agencies, the federal government passed the two initiatives. The Fair Housing Assistance Program of 1984 was passed to assist public agencies with processing complaints, and the Fair Housing Initiatives program of 1986 supported private and public fair housing agencies in their activities, such as auditing.13 Between 1990 and 2001 these two programs have resulted in over one thousand housing discrimination lawsuits and over $155 million in financial recovery.13 However, the lawsuits and financial recoveries generated from fair housing discrimination cases only scratches the surface of all instances of discrimination. Silverman and Patterson concluded that the underfunding and poor implementation of federal, state and local policies designed to address housing discrimination results in less than 1 of all instances of discrimination being addressed.15 Moreover, they found that local nonprofits and administrators responsible for enforcing fair housing laws had a tendency to downplay discrimination based on family status and race when designing implementation strategies.16 |
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+Independent of victory, case studies prove that litigation spurs legislation. |
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+Richard A. L. Gambitta, Chair of the Political Science and Geography Department, University of Texas-San Antonio, GOVERNING THROUGH THE COURTS, ed. Gambitta, May, and Foster, 1981, p. 275-276. |
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+Similar to the aftermath of the “winning” litiation in Serrano and Robinson, the losing litigation in Rodriguez was followed by positive, though limited, policy reform and relative equalization. How did the Rodriguez litigaton contribute to the policy reform and expenditure change? I suggest, in ways similar to Serrano and Robinson. The litigation process performed a legislative agenda-setting function. All three cases contributed to setting a legislative agenda that otherwise would not have 276 transpired. Additionally, the litigation processes bolstered the political positions of the advocates of change, though the policy outcomes were tempered by, as they are always subject to and at least partially determined by, the inherent compromises of the majoritarian processes and institutions (Casper, 1972; Clune, 1979; Horowitz, 1977; Lehn, 1978; Scheingold, 1974). |