1AR Blocks

1AC

Inherency
Bennett 6/2/15 the Secure Data Act currently has no hope of
passing it has been introduced several times but hasnt seen
any movement
Larson 13 the NSA is currently winning its war on encryption.

Advantage One: Cyberwar

Schneier 14 NSA decryption creates backdoors that are
exploitable by others empirically proven by attacks in the
past, including Chinas 2010 hacking of Gmail backdoors
Bamford, De Chant 15 decryption makes us susceptible to
cyberattacks backdoors create vulnerabilities in banks and
commerce
Tucker 14 a major cyberattack that costs billions and could
result in loss of life will occur before 2025 tech experts
agree, and damage to infrastructure will devastate the
economy
Habiger 10 grid terrorism will cause nuclear war terrorists
currently have the capabilities to hack into grids and shut
them down, leading to chaos and increasing the risk of war

Advantage Two: Tech Competitiveness

**Econ Scenario**
Castro and McQuinn 15 NSA surveillance has sacrificed the
competitiveness of the tech sector foreign customers are
avoiding US companies and the losses far exceed $35 billion
Muro 15 the tech sector is key to the US economy it
accounts for one fourth of all US employment and 17% of US
GDP
Washingtons Blog 13 surveillance kills the economy by
demolishing trust in US companies both foreign politicians
and US citizens have lost trust, giving foreign companies the
advantage
Lagrade 13 the US economy is key to the world economy the
US accounts for 11% of global trade and 20% of global
manufacturing, and US and foreign banks hold trillions of
dollars of each others assets
Kreitner 11 economic collapse leads to a WW3 our economic
situation right now is very similar to what it was in 1929, and
that Great Depression led to WWII its empirically proven
**Heg Scenario**
Martino 7 tech competitiveness is key to US heg the shift
from physical labor to tech means we have to keep our
competitiveness to maintain primacy empirically proven
Davis 14 ISIS is powerful now and US leadership and power
projection are key to combat it the US needs to use its
hegemony to create a coalition
Doornbos 14 ISIS will weaponize the bubonic plague and
bioterror causes extinction plans for such an attack were
found in a laptop recovered from ISIS

Brookes 11 US heg is key to maintain global stability its the

best way to solve conflict the US leads diplomacy and
humanitarian efforts and is the backbone of NATO

Solvency
Wicklander 15 the Secure Data Act prevents the NSA from
forcing companies to insert backdoors into their tech
McQuinn 14 the Secure Data Act eliminates weaknesses
caused by backdoors and restores trust in US companies

T
Extend we meet the aff IS collection of data decryption is a
pre-requisite to manipulating it
Extend the C/I LSHTM 9 saying surveillance is dissemination,
not just collection
We meet the C/I decryption is necessary to be able to
disseminate and interpret information
They say the FISA interp is better, but our interpretation of the
topic shouldnt be decided by just the literature base, but by
what the most debatable version of the topic is. Prefer the
counter-interpretation because they overlimit they take away
core aff ground and make the topic about our methods of
collecting surveillance, not its effects. Our interpretation is
better for debate and policymaking on the topic
Breadth outweighs depth a larger topic is key to education
about different aspects of surveillance and encourages aff
creativity. They still get links to core negative arguments.
Extra T is good it gives the neg more ground.
Competing interpretations is bad because it creates a race to
the bottom it makes the debate about how limiting you can
make the topic.
Reasonability is the framework on which you should evaluate
the T debate if were reasonably topical, were topical. Good
is good enough. We dont explode the topic or make it
impossible for the neg to debate.

DA

1AR DA Cards
1AC ISIS scenario only scenario for radicalizing lone wolves in CX of 1NC
1AC Brooks terrorists afraid perception of strong military primacy

U.S. hegemony prevents terrorist use of WMDs

Schmitt 6 [Gary, Resident scholar and director of the Program on
Advanced Strategic Studies at the American Interprise Institute, [ The Weekly
Standard, Vol. 11 No. 22, February, Lexis]
The United States and the West face a new
threat--weapons of mass destruction in the hands of terrorists --and,
whether we like it or not, no power other than the United States has
the capacity, or can provide the decisive leadership, required to
handle this and other critical global security issues. Certainly not the
United Nations or, anytime soon, the European Union. In the absence of
American primacy, the international order would quickly return to
disorder. Indeed, whatever legitimate concerns people may have about
the fact of America's primacy, the downsides of not asserting that
primacy are, according to The American Era, potentially far more serious. The
critics "tend to dwell disproportionately on problems in the exercise
of [American] power rather than on the dire consequences of retreat
from an activist foreign policy," Lieber writes. They forget "what can
happen in the absence of such power."
The core argument itself is not new:

Heg solves terrorGives the US a way to incentivize

cooperation cross apply this to the K its a reason why
neoliberalism is key to solving terrorism, which means the
disad is also a disad to the alt
Brooks and Wohlforth 8Prof of Govt @ Dartmouth
Stephen G. Brooks is an Assistant Professor and William C. Wohlforth an Associate
Professor in the Department of Government at Dartmouth College. World Out of
Balance 2008 p. 145-6
Second, recall thatin the war on terror.
the United States is globalization's key actor, both politically and
economically, and that most states now strongly seek to benefit from the global
economy. As a result, Washington often has significant potential leverage to encourage
other states to take actions against terrorist groups operating within their borders
or in neighboring countries. Consider Pakistan, which is arguably the most im- portant "front line"
country in the battle against global terrorism today. That economic globalization gave the Bush
administration enhanced leverage concerning the role Pakistan would play in the
war on terror shows up clearly in discussions that occurred in the immediate after- math of 9/11. During his
Second, recall that

negotiations with the United States in fall 2001, President Musharraf made four key economic requests: (1) improved access of Pakistan's textiles-which constitute around 60 per- cent of the country's total exports-to the Ll.S.

market; (2) a reduction in Pakistan's massive foreign debt, which amounts to 47.5 percent of Pakistan's COP and
for which debt service payments constitute 35 per- cent of the country's exports; (3) an increase in the amount of
develop- mental assistance loans; and (4) the elimination of the economic sanc- tions that were put in place after
Pakistan's 1998nuclear test. After one such negotiating session in October 2001, Secretary of State Colin Pow- ell
told the Pakistani leader: "General, I've got it right here across my forehead, two words: 'debt relief: Say no
more."!'? In response to Musharraf's requests, the Bush administration promptly revoked the 1998 nuclear
sanctions and also arranged for an immediate infusion of $600 million in developmental assistance. It is also
announced in late October 2001 that it would move to reschedule the $3 billion Pakistan owes the United States

the Bush administration's economic

incentives helped to promote cooperation from Pakistan and thereby created an
environment less favorable for terrorists both within Pakistan and also in
neighboring Afghanistan. There are many other countries besides Pakistan over which eco- nomic
while urging its allies to do the same. At least in the short term,

globalization gives U.S. policymakers potential leverage for fur- thering its counterterrorism strategy. In the end,

the key question is whether the United States will use economic globalization to its
best advantage in the war on terror. Unfortunately, there are many discour- aging signs in this regard;
this is true concerning the effort to harness economic globalization's full potential for developing capabilities to
count~ract WMDll3and also with respect to the use of globalization- related leverage for influencing the

Washington does have

significant potential to make use of economic globalization to further its
counterterrorism strategy. This, in combination with the fact that rising economic
interdependence does not appear to be a significant motivator for terrorist activity,
means that globalization is, if anything, a net benefit to the United States in the
war on terror.
antiterrorism policies of other states.!" The larger point, however, is that

Security K

Realism Good
Realisms ethic of consequentialism checks unwise action.
Williams '05 (Michael Williams, Senior Lecturer, Department of International Politics,
University of Wales, THE REALIST TRADITION AND THE LIMITS OF INTERNATIONAL
RELATIONS, 2005, 169)
Over the course of the preceding chapters, I have attempted to show that questions of

the construction of action, and its ethical and political evaluation, lie at the
core of the willful Realist tradition. This final chapter seeks to demonstrate how this is
expressed in two key and continuingly controversial Realist concepts: the ethic of
responsibility and the national interest. The relationship between these two concepts is at
the heart of many understandings of Realist ethics. In its most straightforward form , the

national interest is seen to provide the value to be pursued and defended,

while a foreign policy limited to and by the pursuit of that national interest
and a prudent consequentialism provides a responsible limit on state action.
While this certainly captures important aspects of the Realist position, I will suggest that it
fails to capture either the complexity or the continuing significance of willful Realisms
engagement with the question of responsibility and its ethic of national interest.

Realism is empirically proven to be successful and is the best way to avert

war

Guzzini '98

Stefano Guzzini, Senior Researcher, research units on Danish and European foreign policy and on
Defence and security, 1998, Realism in International Relations and International Political Economy: The Continuing
Story of A Death Foretold, 30-31

The historical context of Munich and appeasement gave realism, as opposed to the idealist
approaches prevailing in the inter-war period, an enormous appeal. Carr and Morgenthau
contributed to undermining the basic principles of what was dubbed idealism (Carrs
Utopianism). Morgenthau was crucial in securing the ascendancy of realism in the newly
founded academic specialization of International Relations. Carr used realist scepticism to
criticize a great power of his day, his native Britain. He debunked the apparently universal
harmony of interests as a status quo power ideology. Yet Carrs scepticism produces a
restless circle of criticism which is, as he acknowledged, self-contradicting. Moreover, Carrs
scepticism is neither able to define his exact mix of realism and idealism, nor to positively
propose a coherent policy. Morgenthau, in his attempt to teach the diplomatic lessons of the
past, was torn between his earlier criticism (1946) of idealists who confounded politics with
science, and his own attempt to replace idealism by a claim to the scientific superiority of
realism (1948, 1960). The result is a theory which must find conceptual bridges starting from
the eternal laws of human nature, via the state as a unitary actor, to a necessary balance of
power theory. It is much more complex and contradictory than usually acknowledged. To
take just one example, Kenneth Waltz (1959) proposed a famous distinction between three
images for understanding the causes of war. The first image is based on human nature, the
second on the nature of the political regime, and the third on the specific characteristics of
the international realm (anarchy). Waltz plainly placed Morgenthau within the first category.
Yet, although Morgenthau derived power, and hence the essential characteristics of all
politics including war, from human nature, he could also qualify for the other two images. He
argued that the typical war of the gruesome twentieth century was a result of the
democratization, and hence nationalization of international politics. This was how he called
the shift to mass societies whose rulers have to respond to large constituencies. This is a
form of a second image explanation. And finally, although it is true that politics is about the
struggle for power based on human nature, the specificity of the international realm, what
he called multiplicity, explains why the warlike struggle for power, while tamed at the
domestic level, is endemic to the international level. How can Carr and Morgenthau, so
different in style and content, and whose approaches are filled with so many internal

tensions, become major reference points for one school of thought? Obviously they were
perceived mainly through what they had in common, the critique of idealism and the priority
given to power and politics. Hence, this chapter should also serve as a warning: as much as
idealism was often idealized to allow a realist critique, realism has often been demonized by
its adversaries and misused by reactionary friends. The binary opposition of realism and
idealism more often serves to provide observers and practitioners with an identity than it
does to provide analytical clarity. The realist world-view wants to be pragmatic, not cynical.
Its main purpose is the avoidance of great war through the management and limitation of
conflicts by a working balance of power supplemented by normative arrangements.
Nevertheless, for realists, the struggle for power will always arise. Conflicts cannot be
abolished. For realists, foreign policy often brings choices that nobody wants to make.
Diplomats might at times have to gamble, but not because they like doing it. On the stage of
world politics where brute forces can clash unfettered, diplomats enter a theatre of tragedy.
This is the fate of the statesman, who, in the writings of Morgenthau, but also Kennan and
Kissinger, appears as a romanticized heroic figure. Often misunderstood also by selfproclaimed realists, realist policy is not the external projection of a military or even
reactionary ideology; it is the constant adjustment to a bitter reality. For realists, Realpolitik
is not a choice that can be avoided, it is a necessity which responsible actors have to
moderate.

Realism Inevitable
Realism is inevitable. The power politics of realism enter into
any possible system even a critical approach leads back into
realism.
Murray 97 (Alastair J.H., Prof. of Poli. Theory at Univ. of Edinburgh, Reconstructing
Realism: Between Power Politics and Cosmopolitan Ethics, pp. 130)
The other members of the group varied in their emphases, but there are clear parallels to this formulation in

The extent
to which power infuses all social relations, the extent to which all social structures
are marred by relations of domination and subordination, forms a pervasive theme throughout
their work. It was this awareness of the intrusion of power into all social relations that
generated their emphasis on 'the inevitable imperfections of any
organization that is entangled with the world. l 1 " As Morgenthau once put it, the
ideal 'can never be fully translated into political reality but only at best approximated ... there shall
always be an element of political domination preventing the full
realization of equality and freedom'. "9 The principal focus of this critique of the
corrupting influence of power was, of course, international relations. Here, economic and legal
mechanisms of domination are ultimately reduced to overt violence as
the principal mechanism of determining political outcomes. The
diffusion of power between states effectively transforms any such
centrally organized mechanisms into simply another forum for the
power politics of the very parties that it is supposed to restrain. As Kennan put it: The
realities of power will soon seep into anv legalistic structures which
we erect to govern international life. They will permeate it. They will
become the content of it; and the structure will replace the form.' 1:1 The repression of such
power realities is, however, impossible; the political actor must simply
'seek their point of maximum equilibrium '. This conception of the balance of
ultimately aimed, in Morgenthaus words, 'to maintain the stability of the system
without destroying the multiplicity of the elements composing it'. First, it was designed to
their conceptions which suggest its employment as a framework to assist understanding.

prevent universal domination, to act as a deterrent to the ambitions of any dominant great power and as a
safeguard against any attempt to establish its sway over the rest of the system.]-'4 Second, it was designed
to preserve the independence and freedom of the states of the system, particularly the small states. 1" I
Only through the operation of the balance of power between great powers can small powers gain any
genuine independence and any influence in the international system.1-" However, as Morgenthau pointed
out, whilst, in domestic society, the balance of power operates in a context characterized by the existence of
a degree of consensus and by the presence of a controlling central power, these factors are lacking in
international relations and, thus, the balance is both much more important and yet much more flawed, the
maintenance of equilibrium being achieved at the price of large-scale warfare and periodic eliminations of
smaller states.] 7

Racism

Racism Alt Causes

The common default of suspicion that surrounds the black
body causes racism
Higgins 15 [Eoin Higgins, Masters Degree in History from Fordham University
Just Another Instance of White Terrorism 6/23/2015
http://www.huffingtonpost.com/eoin-higgins/just-another-instance-of_b_7618822.html Accessed 6/30/2015]
Blacks are criminalized in the news media, treated as less desirable than whites in
the popular culture, and presented overwhelmingly as threatening criminal
elements infilm and television. Americans of all colors are inculcated to see blacks
as threatening, alien, dangerous. This is terrorism. Black Americans are killed
for eating skittles. Playing with toy guns as children. Listening to loud music.
Selling cigarettes on the street. Running away from police officers. Hanging out at
a pool party. Attending prayer meetings. There doesn't seem to be a way for black
Americans to just be that doesn't involve the threat of death or violence at the
hands of whites. This is terrorism. White Americans can drive without fear of being
pulled over for the color of their skin and walk down the street without fear of being
stopped and frisked. Black Americans cannot. White Americans can walk up to a
police officer looking for help or directions. Black Americans face the chance of
death if they do the same. This is terrorism. Terrorism is political and social violence
and coercion that has the effect of changing the standard operating procedure of
the societies it affects and striking fear into the communities it assaults. Blacks in
America have no static standard operating procedure. Their behavior has to change
constantly to reflect the threats and intimidation. For the black community in
America, even the church is a place where one cannot feel safe. Not in 1963, not in
the '90s, not in 2015.

The affirmative can solve for all alternative causes of racism

Watson 15 [Elwood Watson, Professor of History and African-American Studies at
East Tennessee State University, It Will Take More Than a Cup of Coffee to Address
the Thorny Issue of Race in America 3/27/2015
http://www.huffingtonpost.com/elwood-d-watson/it-will-take-more-than-a-cup-ofcoffee_b_6944958.html Accessed 6/30/2015]
For many people, race is,
indeed, often the 800-pound rambunctious elephant in the room. It is permeating
our current state of affairs. The supposedly post-racial society we supposedly
entered several years ago. For the record, I (and probably many other people of
color) never believed such a fallacy. There is no person who is attuned to the
climate of the current environment who can convincingly argue otherwise and
Schultz is to be commended for attempting to tackle this thorny issue. That being
said, the fact is that for far too often any effort to address the issue of race in
America has been a largely packaged affair; ceremonial, co-opted and controlled by
well-meaning yet often alarmingly out-of-touch legislators and celebrities. To put it
bluntly, far too many efforts to address the issue of racism in our contemporary

culture is often misguided, distressingly adrift, naive and tone deaf to the concerns
and harsh realities that many people who suffer its (racism) pernicious effects have
to deal with on a daily basis. Politicians of all races, entertainers and the occasional
athlete or public intellectual locking arms and singing freedom songs from the civil
rights movement more than half a century ago does little if anything to confront the
searing issues that are plaguing many communities of color in the 21st century.
Unarmed Black men (and some women) being routinely shot by police officers.
Students of color and non-White faculty and administrators, college students and
faculty routinely enduring relentless forms of microaggressions from fellow students
and colleagues on their campuses. Our current African American president, since
the day he was inaugurated as president, consistently being subjected to
disgraceful acts of obstruction, personal slights and blatant disrespect. Black college
graduates are more than likely as their White cohorts to be unemployed. Applicants
with Black-sounding names are considerably less likely to be contacted by
employers than applicants with more White-sounding names. Black customers being
disproportionately more likely to be followed by staff and, in some cases, detained
by police officers in stores for suspicion of shoplifting -- "Shopping While Black".

Lack of communication between whites and blacks perpetuates

racism
Blake 14 [John Blake, honoree of the Society of Professional Journalist, journalist
for CNN The New Threat: Racism without Racists 11/27/2014
http://www.cnn.com/2014/11/26/us/ferguson-racism-or-racial-bias/ Accessed
6/30/2015]
In a classic study on race, psychologists staged an experiment with two
photographs that produced a surprising result. They showed people a photograph of
two white men fighting, one unarmed and another holding a knife. Then they
showed another photograph, this one of a white man with a knife fighting an
unarmed African-American man. When they asked people to identify the man who
was armed in the first picture, most people picked the right one. Yet when they were
asked the same question about the second photo, most people -- black and white -incorrectly said the black man had the knife. Even before it was announced that a
grand jury had decided not to indict a white police officer in the shooting death of
an unarmed black teen in Ferguson, Missouri, leaders were calling once again for a
"national conversation on race." But here's why such conversations rarely go
anywhere: Whites and racial minorities speak a different language when they talk
about racism, scholars and psychologists say. The knife fight experiment hints at the
language gap. Some whites confine racism to intentional displays of racial hostility.
It's the Ku Klux Klan, racial slurs in public, something "bad" that people do. But for
many racial minorities, that type of racism doesn't matter as much anymore, some
scholars say. They talk more about the racism uncovered in the knife fight photos -it doesn't wear a hood, but it causes unsuspecting people to see the world through
a racially biased lens. It's what one Duke University sociologist calls "racism without
racists." Eduardo Bonilla-Silva, who's written a book by that title, says it's a new way
of maintaining white domination in places like Ferguson. "The main problem
nowadays is not the folks with the hoods, but the folks dressed in suits," says
Bonilla-Silva. "The more we assume that the problem of racism is limited to the
Klan, the birthers, the tea party or to the Republican Party, the less we understand
that racial domination is a collective process and we are all in this game."

Economic racism prevents discrimination from being resolved

Blake 14 [John Blake, honoree of the Society of Professional Journalist, journalist
for CNN The New Threat: Racism without Racists 11/27/2014
http://www.cnn.com/2014/11/26/us/ferguson-racism-or-racial-bias/ Accessed
6/30/2015]
One study conducted by a Brigham Young University economics professor showed
that white NBA referees call more fouls on black players, and black referees call
more fouls on white players. Another study that was published in the American
Journal of Sociology showed that newly released white felons experience better job
hunting success than young black men with no criminal record, Ross says. "Human
beings are consistently, routinely and profoundly biased," Ross says. The knife fight
experiment reveals that even racial minorities are not immune to racial bias, Ross
says. "The overwhelming number of people will actually experience the black man

as having the knife because we're more open to the notion of the black man having
a knife than a white man, " Ross says. "This is one of the most insidious things
about bias. People may absorb these things without knowing them." Another
famous experiment shows how racial bias can shape a person's economic
prospects. Professors at the University of Chicago and MIT sent 5,000 fictitious
resumes in response to 1,300 help wanted ads. Each resume listed identical
qualifications except for one variation -- some applicants had Anglo-sounding names
such as "Brendan," while others had black-sounding names such as "Jamal."
Applicants with Anglo-sounding names were 50% more likely to get calls for
interviews than their black-sounding counterparts. Most of the people who didn't
call "Jamal" were probably unaware that their decision was motivated by racial bias,
says Daniel L. Ames, a UCLA researcher who has studied and written about bias. "If
you ask someone on the hiring committee, none of them are going to say they're
racially biased," Ames says. "They're not lying. They're just wrong." Ames says such
biases are dangerous because they're often unseen. "Racial biases can in some
ways be more destructive than overt racism because they're harder to spot, and
therefore harder to combat," he says.

Economic inequality perpetuates racism

Blake 14 [John Blake, honoree of the Society of Professional Journalist, journalist
for CNN The New Threat: Racism without Racists 11/27/2014
http://www.cnn.com/2014/11/26/us/ferguson-racism-or-racial-bias/ Accessed
6/30/2015]
Many whites -- including many millennials -- believe discrimination against whites is
more prevalent than discrimination against blacks." But as Nicholas Kristof recently
pointed out in The New York Times, the U.S. has a greater wealth gap between
whites and blacks than South Africa had during apartheid. Such racial inequities
might seem invisible partly because segregated housing patterns mean that many
middle- and upper-class whites live far from poor blacks. It's also no longer
culturally acceptable to be openly racist in the United States, says Bonilla-Silva,
author of "Racism Without Racists."

An unwillingness to admit to racism prevents the

deconstruction of racist policies and ideologies
Blake 14 [John Blake, honoree of the Society of Professional Journalist, journalist
for CNN The New Threat: Racism without Racists 11/27/2014
http://www.cnn.com/2014/11/26/us/ferguson-racism-or-racial-bias/ Accessed
6/30/2015]
When protests erupted in Ferguson after the shooting this summer, various white
and black residents tried to talk about race, but such discussions didn't bear fruit
because of another reason: People refuse to admit their biases, research has
consistently shown. Ross, author of "Everyday Bias," cited a Dartmouth College
survey where misinformed voters were presented with factual information that
contradicted their political biases. There were voters, for example, who were
disappointed with President Obama's economic record and believed he hadn't
added any jobs during his presidency. They were shown a graph of nonfarm

employment over the prior year that included a rising line indicating about a million
jobs had been added. "They were asked whether the number of people with jobs
had gone up, down, or stayed about the same," Ross wrote. "Many, looking straight
at the graph, said down." Ross says it's even more difficult to get smart people to
admit bias. "The smarter we are, the more self-confident we are, and the more
successful we are, the less likely we're going to question our own thinking," Ross
says. Some of the nation's smartest legal minds aren't big believers in racial bias
either, and that could complicate efforts in Ferguson to reduce racial tensions. Some
say they could be eased by hiring more officers of color in Ferguson's police force.
But the conservative majority on the U.S. Supreme Court, led by Chief Justice John
Roberts, has been suspicious of efforts to achieve diversity in workforces, believing
that they amount to reverse racism or racial preferences, legal observers say. Some
fear the court is about to get rid of one of the most effective legal tools for
addressing racial bias. The court recently took up a fair housing case in Texas where
the conservative majority could very well rule against the concept of "disparate
impact," a legal approach that doesn't try to plumb the racist intentions of
individuals or businesses but looks at the racial impact of their decisions. Disparate
impact is built on the belief that most people aren't stupid enough to openly
announce they're racists but instead cloak their racism in seemingly race-neutral
language. It also recognizes that some ostensibly race-neutral policies could reflect
unintentional bias. A disparate impact lawsuit, for instance, wouldn't have to prove
that a police department's white leaders are racist -- it would only have to show the
impact of having all white officers in an almost all-black town. Roberts distilled his
approach to race in one of the court's most controversial cases in 2007. The court
ruled 5-4 along ideological lines that a public school district in Seattle couldn't
consider race when assigning students to schools, even for the purposes of
integration. "The way to stop discrimination on the basis of race is to stop
discriminating on the basis of race," Roberts said in what is arguably his most
famous quote. Roberts has equated affirmative action programs with Jim Crow laws,
says Erwin Chemerinsky, author of "The Case Against the Supreme Court." "Chief
Justice Roberts has expressly said that the Constitution and the government should
be colorblind," Chemerinsky says. "He sees no difference between government
action that discriminates against minorities and one that benefits minorities." What
that means for Ferguson is that any aggressive attempt to integrate the police force
could be struck down in court, says Mark D. Naison, an African-American Studies
professor at Fordham University in New York City. Unless a lawyer can find smokinggun evidence of some police department official saying he won't hire blacks, people
won't have much legal leverage to make the police department diverse, he says.

There are too many alternative causes to racismsurveillance

isnt the brink
Bazian 14 [Hatem Bazian, lecturer in the Departments of Near Eastern and
Ethnic Studies at University of California- Berkley Michael Brown, racism and
Americas open casket 11/24/2014

http://www.aljazeera.com/indepth/opinion/2014/11/michael-brown-racism-americao-2014112552418399369.html Accessed 6/30/2015]

America's open casket to the world is its racism that has been institutionalised and
commodified into every part of the society from the police force, political order,
court system, corporate structure, media and global relations . Some are quick to
point to gains made by African Americans since the civil rights movement; and,
indeed we can point to these noticeable advancements including the first black
president in the White House. However, statistical data provides a different picture
of a nation that is separate and profoundly unequal. African American
unemployment and underemployment is almost twice as that of whites. Further,
data shows that "by age 17, the average black student is four years behind the
average white student; black 12th graders score lower than white 8th graders in
reading, math, US history and geography". What is most disturbing is that
incarceration rates for black American men stands at 4,347 per 100,000 which is
almost 6.5 times the national average of 707 per 100,000. Often US politicians and
media talking heads spend countless hours speaking on prison-related human rights
abuses abroad while under their noses a prison industrial complex is humming
efficiently and their 401K might be invested in parts of it and providing a healthy
return. More critically, African American household net worth stands at $4,995
compared to $97,000 for whites, which is slightly ahead of an adult living under
occupation in Palestine, and a poverty rate of 27.4 percent twice the national
average. In The National Center for Victims of Crime study, a troubling picture for
African American young males and crime emerges concluding that "black youth are
three times more likely to be victims of reported child abuse or neglect, three times
more likely to be victims of robbery, and five times more likely to be victims of
homicide. In fact, homicide is the leading cause of death among African American
youth ages 15 to 24". While the data shows blacks are victims of crime
nevertheless, the approach by the government to their community adds insult to
injury by treating them collectively as a criminal class by deploying police force to
control rather than to serve and provide protection for the trans-historically abused
community. Racism is America's open casket to the world and the murder of Michael
Brown is the latest episode in a too familiar story dating back to the founding of the
country. Emmett Till's casket remains open today for the underlying causes that
murdered him are still around and unchanged. Michael Brown's cause of death is
America's racism, the police officer was the weapon and the grand jury is the clean
up crew. Justice for African Americans remains an illusion since America fails to
account for racism, the scars and the real bullets it leaves behind.

Racial discrimination is still an issue in schools

Case, 2002
(Rebecca, Fall 2002, Not Separate but Not Equal: How Should
the United States Address Its International Obligations to

Eradicate Racial Discrimination in the Public Education

System?, http://racism.org/index.php?
option=com_content&view=article&id=1167:education023&catid=49&Itemid=172
2. Academic Tracking Many districts have created academic tracking programs.
These programs allow teachers and school administrators to determine a student's abilities and potential and then
place that student in an academic track reflective of teacher's or administrator's personal perception .

The

academic tracks range from remedial and special education programs to

accelerated and gifted programs. Studies show that African American and
Latino students are over-represented in the lower tracks and underrepresented in the higher tracks. The tracking can begin very early in a child's
academic career and can be extremely detrimental to the child's future. If a child is
placed in a lower track because of a perceived inability to do mainstream work, it is
often very difficult for the child to break into the higher track due to the very nature
of the tracking system. The method of determining how to put a student in a particular track is laden with
racially discriminatory factors. To determine which track to place a child in, three
factors are considered: standardized test scores, teacher
recommendations, and parental intervention. First, the standardized tests
have frequently been criticized for being racially biased. Second, teacher
recommendations are strictly subjective and can be based solely upon general
impressions. Third, if parents are unaware of the system due to language barriers or
because of general ignorance, the parents are unlikely to intervene on behalf of
their child and push for a higher track placement. 3. "Zero-Tolerance" Discipline Policies
Another area of racial disparity that leads to unequal treatment in the
schools is the area of discipline. Studies show that students of color are
more likely to be suspended and/or expelled from school than similarly
situated white students. This statistic has become more pronounced now that schools that receive
federal funding (all public schools) must implement "zero- tolerance" policies for weapons offenses. The policy
may appear race neutral on its face, but the implementation of the policy
has lead to findings of racial discrimination. Since the consequences of bringing a weapon
to school can be harsh, and can include suspension or expulsion, schools are permitted to evaluate incidents on a

There is
evidence to suggest that if a student appears to have a positive and promising
future, schools will overlook relatively minor violations such as weapon possession,
and will not expel the student. Instead the schools will deliver a lesser punishment
in the hopes of rehabilitation, but there are inequalities in the application of this
school discretion. Often, the minority students do not receive the benefit of this
second chance and tend to suffer more devastating consequences. Racial discrimination
case-by-case basis and may deliver a less severe punishment if mitigating circumstances permit.

affects more than disparate test scores and overall unequal treatment in the schools. One effect is addressed
indirectly in CAT; however, because of the United States' limited definition of "torture," the CAT's implications are

According to the United States, the government need only deal with
mental suffering caused by torturous acts in very few circumstances. These
situations do not deal with any intentional racial discrimination that takes place in
the schools but rather they address situations when the victim is in the custody of
an official in the criminal setting or in a mental institution. The United States
appears to ignore the times when children are under the control of the state during
schools hours. Children are under the school's control during much of the day, for five days a week. Yet this
severely limited.

time of responsibility is not considered time during which the United States accepts a responsibility to ensure that

When a child endures racial

discrimination in the school system, the child will experience severe
mental suffering that will affect him/her throughout the child's life.
Students can easily feel frustrated as they are disregarded and classified
in lower academic brackets, punished more harshly, and not given the
financial means to succeed in school. As the discrimination continues throughout school, the
the children are not experiencing torture in the form of mental suffering.

long-term effects will cause severe mental pain as the students begin to believe they are inferior to their white
peers. The United States has not acknowledged the possibility that the suffering of the students under the

According to all three

treaties, the unequal treatment between minority students and Caucasian
students runs counter to the United States' international obligations. In the
United States' report to CERD, the government characterizes racial discrimination
problems as mainly private acts of discrimination. However, the disparities
in schools are not just a result of intentional or private acts.
Discrimination in school is a form of institutional racism and must be
addressed by the United States. The United States has an obligation under CERD to protect
government's control may fall squarely under its own limited definition of torture.

everyone from acts of racial discrimination and laws that either discriminate or have the effects of discrimination.
Under CAT, the United States must prevent torture of all forms, including mental torture. Under ICCPR, the United
States must protect every child, regardless of his/her race, as a minor in the society. These requirements are not
currently being met.

Racial discrimination still affects minority wages

Fryer, Pager, Spenkuch, 2014
(Roland Fryer, Devah Pager, Jrg Spenkuch, 8 January 2014,
Spenkuch is an Assistant Professor of Managerial Economics
and Decision Sciences, Fryer, Roland G., Devah Pager, and Jrg
L. Spenkuch. 2013. Racial Disparities in Job Finding and
Offered Wages.Journal of Law and Economics, 56(3), 633689.
Statistics That Hurt: Racial discrimination still affects
minority wages
http://insight.kellogg.northwestern.edu/article/statistics_that_h
urt
Recent research coauthored with Roland G. Fryer, Jr. of Harvard University and Devah Pager of Princeton University
sets out to challenge the conventional wisdom that racial bias has a negligible effect on wage gaps between blacks
and whites. Spenkuch says that his own anecdotal observations inspired the research. Im originally from Germany,
and there, racial discrimination is essentially a nonissue because almost everyone is white, he says. But when I

United States, it just jumped into my face. Its very striking, and
not just in job marketsthere are racial differences in health, in life
expectancy, in education. No matter where you look, race is a really
important predictor of how well people do in life. Indeed, Spenkuch and his coauthors
find that black job seekers are offeredand acceptless compensation than white job seekers. In fact, racial
discrimination among employers could account for at least a third of the
raw wage gap between black and white workers. A New Lens on Racial Bias The
came to the

researchers began by considering the limitations of previous economic approaches to explainingor explaining
awayracial wage disparities. The so-called Mincerian approach, Spenkuch explains, uses statistical regression
methods to assign an impact to various observed variables affecting wages, including race. This approach crucially
relies on high-quality data in which there is no variable you could possibly think of that is correlated with race and

also affects wageswhich is of course never true, he says. Another approach uses structural models of the labor
market, which can generate results that are highly dependent on initial assumptions used to construct the model
and if those assumptions are implausible, the results are suspect. Spenkuch and his coauthors attempted to
combine the strengths of these two approaches while avoiding their shortcomings. The strength of the structural
approach is that theres a model of how people make decisions, he says, and the strength of the first approach is
that we can control simultaneously for a lot of different variables. The researchers also obtained access to a novel
and uniquely rich set of data which observed the job-seeking activity of approximately 5200 recently unemployed
black and white workers in New Jersey over twelve weeks in 2009basically yesterday in economic terms,
Spenkuch says. Crucially, this data also included wage offersand not just the offers that applicants accepted, but
also ones that they rejected. Spenkuchs empirical test became a matter of finding pairs of job-seekersidentical
in every aspect except race, including the wages they received at their last joband comparing the set of offers
they each received while searching for a new job. (The researchers model also included two initial assumptions:
that whites and blacks draw job offers from a similar set of possible openings, and that blacks are not
systematically overpaid in their previous positions compared to whitesin other words, that strong affirmativeaction policies do not artificially prop up black workers wages in spite of lower productivity.) Seeing Is Believing The

First, black job seekers were offered significantly less

compensation than whites by potential new employers. Second, blacks
were much more likely to accept these lower offers than their white
counterparts. This is exactly what you would expect if blacks know that theyre being racially discriminated
findings were striking.

against, Spenkuch adds. Finally, and surprisingly, the researchers found that wage gaps narrow over time as black
workers stay at the same job. As an employer I may discriminate against you by offering a lower wage when I first
hire you, Spenkuch explains, but over time as you work for me, I come to know how good you really are as an
individual, and I adjust your wage accordingly. By taking these variables into effect alongside race, the researchers
found that the raw wage gap between black and white workerswhich we observe at around 30 to 35 percent, if
we dont adjust for anything, Spenkuch explainsnarrows to between ten and twelve percent. This means that

racial discrimination must account for at least a third of the factors that
contribute to black workers receiving lower wages than whites. It follows
intuitively from the two assumptions in our model, Spenkuch says. Those assumptions are not necessarily
innocuous, but we feel confident that they are plausible. Bias by the Numbers The kind of racial bias that drives
this effect, says Spenkuch, is called statistical discriminationwhich has nothing to do with any emotional
distaste for working with minorities, he adds. In our model, employers are purely profit-seeking. The employer
says, I dont care why blacks are less productive on average; I know that they are, because of the lower SAT scores
and other data that are observable. Therefore, if I dont know anything else about the candidate, I have to treat him
as I would the average candidate in that racial groupthat is, less favorably. Of course, by law employers are not
allowed to do that. But the data show that its happening. Spenkuch is quick to assert that we havent necessarily
overturned the last twenty years of research on discrimination in the labor market with one study. After all, if a
third of the wage gap between black and white workers is due to racial discrimination, that means that the majority
of the gap is still being driven by other factors, such as disparities in education quality and other so-called premarket skill differentials. Those factors clearly matter, Spenkuch says. What we want to argue is that its wrong
not to pay any attention to discrimination, too. These results suggest that its still going onand enforcing existing
legislation would substantially reduce the wage gaps we observe in the labor market. It wouldnt eliminate them.
But it would narrow them.

Racial Discrimination still prevalent in law enforcement.

McKay, 2014
(John, 18 August 2014, Tom is a staff writer at Mic who covers
national politics, media, policing and the war on drugs. He has
previously written for The Daily Banter, Wonkette and MTV
News, One Troubling Statistic Shows Just How Racist
Americas Police Brutality Problem Is
http://mic.com/articles/96452/one-troubling-statistic-shows-just-howracist-america-s-police-brutality-problem-is)
White officers kill black suspects twice a week in the United
States, or an average of 96 times a year. Those are the findings of a USA Today analysis
The statistics:

of seven years of FBI data, which claims around a quarter of the 400 annual deaths
reported to federal authorities by local police departments were white-on-black
shootings. What's more, the analysis indicates that 18% of the black suspects were under
the age of 21 when killed by the police, as opposed to just 8.7% of white
suspects. Throughout much if not all of America, black people are disproportionately more
likely to be killed by the police. The background: Statistics like these may help explain why Pew polls
have demonstrated continued low confidence among non-whites in the police and justice systems. Police in general,

All too
often, cases of abuse and excessive force are simply swept under the rug.
and white cops in particular, have a pattern of disproportionately directing force against black people.

University of Nebraska criminologist Samuel Walker told USA Today that the lack of a comprehensive national
repository on use of force has been a "major failure" for oversight, while USC colleague Geoff Alpert pointed out
that around 98.9% of excessive force allegations are ultimately ruled as justified. In just one of many examples,

Protests involving black people are also

more likely to attract police attention and use of force to disperse them. The ACLU
has intensely documented an immensely troubling pattern of police militarization
and found SWAT teams and other heavy-handed tactics are much more likely to be
used against minority suspects than white ones : In Ferguson, where community members are
currently protesting deeply entrenched, racially discriminatory policing, 92% of all people arrested
in 2013 were black. The community as a whole, however, is 65% black. It's not just the police, either
the Urban Institute estimates that white-on-black homicides in states with Stand Your
Ground laws are 354% more likely to be ruled justifiable than white-onwhite ones. The State's Warren Boltondescribes how black men in America "endure a lifetime of suspicion,"
both from the authorities and people of other races. The statistics are clear. Being the
disproportionate target of violence by the police and white people in
general is a systemic problem for black people across America. Why you should
NYPD almost exclusively shoots black or Hispanic suspects.

care: The statistic on white-cop-on-black-suspect shootings is alarming in and of itself. But while race plays a critical

Black people across

the United States are more likely to face discrimination in the criminal
justice system and be harassed, arrested and shot by police. Sadly, even
the most extreme cases of police excess often end in little punishment.
role, the number of white cops shooting black people is just part of a larger problem.

Racial Discrimination shows in the poverty groups of America

Vara, 2013
(Vauhini, 27 August 2013, Vauhini Vara, the former business
editor of newyorker.com, lives in San Francisco and is a
business and technology correspondent for the site. Race and
Poverty, Fifty Years After the March,
http://www.newyorker.com/business/currency/race-andpoverty-fifty-years-after-the-march)
When we talk about the historic civil-rights gathering whose fifty-year anniversary will be celebrated on Wednesday,
we usually call it the March on Washington. In fact, the full name of the event was the March on Washington for Jobs

Martin Luther King, Jr., lamented that black Americans lived

on a lonely island of poverty in the midst of a vast ocean of material prosperity.
The marchers had ten demands for Congress, at least four of which were aimed at
improving black peoples financial circumstances and narrowing the gulf between
and Freedom; early in his speech,

black and white Americans economic opportunities. Fifty years later, that gulf
hasnt changed much. By some measures it has widened. In 2011, the median
income for black households was about fifty-nine per cent of the median
income for white households, up slightly from fifty-five per cent in 1967, according to Census data
analyzed by the Pew Research Center. But when you consider wealththat is, everything a family owns, including a

the median black

household had about seven per cent of the wealth of its white counterpart
in 2011, down from nine per cent in 1984, when a Census survey first began tracking this sort of data. The
home and retirement savingsthe difference seems to have grown. Pew found that

trend is unsettlinghard to believe, evenparticularly given the progress black Americans have seen on some
fronts. In a 1961 poll, forty-one per cent of respondents said they wouldnt vote for a generally well-qualified man
from their party if he happened to be black; five years ago, Americans elected a black President. In 1964, white
students graduated high school at almost double the rate of their black peers; today, graduation rates for blacks
are only a couple of percentage points lower than for whites. Yet black Americans have moved ahead littleand by
some measures have fallen behindwith regard to the one standard that matters most to Americans: making
money. How did this happen? How do we fix it? Back in 1963, the Washington marchers made these four economic
demands: a higher federal minimum wage, a law barring discrimination by employers, a massive job-training
program, and an increase in the areas of employment covered by the Fair Labor Standards Act of 1938the law
that established standards such as overtime pay. The policy changes brought about by the protesters demands,
and the civil-rights movement at large, were significant, if not as numerous as King and his allies sought. In January
of 1964, President Lyndon B. Johnson launched the policies that became known as the War on Poverty; that July,
Congress enacted the Civil Rights Act of 1964. Through the sixties and into the seventies, the government started
job-training programs and deliberately hired more black people into government jobs, among other measures.
African-Americans increasingly found white-collar and skilled blue-collar work that provided decent wagesnot only
in northern cities like Baltimore and Detroit, which had drawn black workers earlier in the century, but also in the
South. Black Americans seemed to be getting a foothold in the economy; by 1978, the black median income rose to
fifty-eight per cent of the white median income, according to Pew. Then came the early nineteen-eighties, when
corporations began going abroad for lower-cost labor and cutting domestic manufacturing jobs. That coincided,
roughly, with a Reagan-era backlash against public spending that led to cuts in many of the earlier government
programs. The gap between black and white incomes widened again. (The black-to-white income ratio would not
surpass its 1978 high until the nineties.) The people who went to Baltimore, who went to Detroit, were the gogetters of the African-American community, Dedrick Muhammad, the senior director of the economic department
of the N.A.A.C.P., told me. They were willing to work hard. These people, who have become demonized as the
permanent underclass, became the permanent underclass when the jobs died. Because of the dearth of pre-1984
wealth information, researchers have had a hard time studying the racial wealth gap in the years immediately after
the civil-rights movement. They have, however, come to better understand what has happened over the past
twenty-five years. When researchers compare todays situation with that of 1984, they find that a greater share of
blacks than whites have ended up in low-paying service positionsfor instance, assisting in nursing homesthat
dont offer benefits that help compound peoples wealth, such as retirement plans. Black families are less likely to
receive inheritances; black students both graduate college at lower rates and are more likely to be saddled with
college debt; and blacks are incarcerated at disproportionate rates, reducing their ability to earn good wages even
when those who are imprisoned become free. But the wealth gap mostly comes down to home ownership.
Researchers at Brandeis University recently tracked the same group of black and white families from 1984 to 2009.
During that period, a smaller proportion of black families bought homes, and those who did bought them later in life
than their white peersand that meant they benefited less as home values rose, according to Thomas Shapiro, a
professor at Brandeis University. When one compares white families whose wealth grew over the years to black

twenty-seven per cent of the disparity between

the two groups is related to home ownership. Which brings us back to the March on
Washington. The marchers of 1963 sought policies that would help poor people
generate wealth; back then, the government did that by helping people
find good work and make decent wages, along with introducing antipoverty programs that helped people pay for food and other essentials.
Today, now that the wealth gap mostly has to do with investments
especially in housingit would seem that the best policy solution would be
to help people buy homes that they can afford and acquire other wealthgenerating assets. Instead, the governments policies for poor people
have emphasized consumption without also focussing on savings and
investments, as the Urban Institute, a research organization, pointed out in an April report. For instance, the
families whose wealth grew, Shapiro said,

government helps people pay for food with the Supplemental Nutrition Assistance Program. Families can even lose

The United States does have policies aimed at

building wealthbut those policies happen to disproportionately help
people who are already pretty rich. For instance, homeowners claim the mortgage-interest tax
certain benefits if they save too much.

deduction only if they itemize their deductions, which higher-income taxpayers are likelier to do, and the deduction
gets bigger when you have a larger mortgage or are in a higher tax bracket. There are solutions. The government
could, for instance, turn the deduction for homeowners into a flat amountand one, Shapiro said, that could apply
only to a first home and wouldnt require taxpayers to fill out an extra form. EARN, a San Francisco nonprofit, offers
savings accounts in which the nonprofit adds two dollars or more for every dollar a person deposits. The
government could emulate that approach to encourage people to save. Four years after the March on Washington,
King became frustrated with the governments focus on the Vietnam War at the expense of the War on Poverty. He
organized a kind of sequel to the 1963 marchthis time called the Poor Peoples Campaign. We ought to come in
mule carts, in old trucks, any kind of transportation people can get their hands on, he said. People ought to come
to Washington, sit down if necessary in the middle of the street and say, We are here; we are poor; we dont have
any money; you have made us this way and weve come to stay until you do something about it. In April of

Given his concerns about the stagnation of the civil-rights

movement soon after the March on Washington, its hard to imagine that King would
have been satisfied, had he lived, to discover that on the fiftieth anniversary of his
speech, black Americans are still calling out from an island of poverty and going
unheard.
1968, King was assassinated.