Dow 1AC

Narrative
Feds on my back, taking photos
Border patrol equal Gestapo, they out to get cha
Im just minding my biz
Officer tripping like our land be his
Pop quiz: how did we let it get this far?
Spy drones got me on radar
Star Trek lights at night
Minus Picard, all up in my backyard
-Alex Soto, AKA MC Liason, on the track Papers. Soto is
Tohono born and is half of the Hip Hop group, Shining Soul who
fight oppression through their music.

Contention 1 is Inherency
A. The Tohono Oodham Nation has been the subject of
colonial subjugation since 1854, currently the Nation is
living with the effects of a militarized border.
Kilpatrick 2014 (Kate; Staffwriter) May 25 U.S.-Mexico
border wreaks havoc on lives of an indigenous desert tribe
ALJazeera, http://america.aljazeera.com/articles/2014/5/25/usmexicoborderwreakshavocwithlivesofanindigenousdesertpeople.html
For thousands of years, the Tohono Oodham (meaning Desert People)
inhabited what is today southern Arizona and the northern state of Sonora in
Mexico. But the Oodham were there long before either Mexico or the U.S.
existed as nations. Weve always been here, said Amy Juan, 28, a young
activist on the reservation. Nobody can argue that we werent here
first.After the Mexican-American War, the international boundary between
the U.S. and Mexico was drawn at the Gila River, just north of the Oodham
ancestral lands. But the Gadsden Purchase in 1854 redrew the border right
through Oodham territory. The Oodham were never consulted.They just
drew a line, and when they drew that line Oodham in Arizona became
citizens or were considered part of the U.S., Oodham in Mexico of course
were not, said Carlos G. Velz-Ibez, director of the School of Transborder
Studies at Arizona State University. Unlike some of our Canadian borders,
you dont have the opportunity of dual citizenship or being able to determine
which country youre a citizen of.In the aftermath of 9/11, Oodham living on
the U.S. reservation were forced to deal with the unintended consequences
of a militarized border: Border Patrol agents harass and treat them as
undocumented migrants on their sovereign land. Their desert landscape and
wildlife get clobbered by migrants, traffickers and federal law enforcement.
They return home to find cars stolen, houses ransacked by desperate
migrants migrants who far too often dont survive the desert elements. Its
also not uncommon for tribal members to be lured by fast cash into working
as coyotes or mules for the Mexican cartels, ending up in jail themselves.But
less attention is paid to the grave impact the same border has on Oodham
in Mexico, whove become second-class citizens within their own tribe.

Plan: The United States federal government should cease the

Department of Homeland Securitys U.S. Customs and Border
Patrol activities on the Tohono Oodham Nation.
We reserve the right to clarify intent.

Advantage 1: Culture
A. The ability to move freely across the US-Mexico border is
critical to Tohono cultural practices.
Indigenous Peoples' Human Rights Initiative 2006 ( a collaboration
of the International Indian Treaty Council and the University of Minnesota Human
Rights Center) http://www.hrusa.org/indig/reports/Tohono.shtm Accessed online:
8/2/2015

Initially, and for over one hundred years, the Tohono Oodham were able to
pass freely over the border. However, in the mid-1980s the border was tightened
in an effort by the Immigration and Naturalization Service (INS) to stop illegal
immigration and drug trafficking. Consequently, a barbed wire fence dividing
the reservation in half and increased border patrol has made passing across the
border difficult for tribal members. Entry anywhere but official check points is illegal
and the entry points nearest to the reservation are 90 to 150 miles away .The
barbed wire fence marking the border inhibits travel of the Tohono Oodham
throughout their tribal lands, however, crossing the border at legal check
points also creates problems. These problems arise from lack of
documentation, border patrol harassment, and an inconsistent policy of the
INS toward the Tohono Oodham.The Tohono Oodham people seek the
ability to cross borders uninhibited. An open border for the tribe is
important for several reasons.First, kinship and traditional ceremonies are
vital to preserve and maintain culture. The border policies constrain the
ability to travel to sacred sites, hindering the practice of religion. They also
constrain ongoing cultural practices of travel and language, and the ability to
pass these cultural practices on to the Tohono Oodhams children. Second,
the border splits families. Some family members are in Mexico and unable to
cross the border to visit family on the U.S. side. Third, the border prevents
members from getting adequate health care. All members of the Tohono
Oodham tribe, including Mexican nationals, are entitled to the basic services
provided at the reservation clinic overseen by the U.S. government, but the
border policies prevent this.

B. The U.S. governments border decisions uniquely impact

the Tohono Oodham Nation and have made the immigration
situation worse; despite those impacts, the Nation has no
power or voice in those decisions.
Pyclik and Leibig 2006 (Kristina and Jennifer; Staffwriters) Cultural
Survival Quarterly 2006 Vol. 30.3 (Fall 2006) Two Countries, One People
Online: http://www.culturalsurvival.org/publications/cultural-survivalquarterly/mexico/living-no-mans-land Accessed 8/5/2105.
More than anything, the Tohono Oodham are frustrated by their powerlessness in
the situation. While the Tohono Oodhams location on the border potentially places
them in a unique position to discuss immigration policy with the U.S. government,
they are never asked to participate. And they suffer the consequences of border
decisions. We are the last ones to know, says Motes. We are never invited to the
table to present our issues and concerns. Once they decide on laws, then we have
to deal with them. The legislation is not working at all. They are putting on more
border patrols, and it still hasnt affected the flow of undocumented people. It has
created more problems than not, so the issue is not an enforcement issue, it is an
economic issue.
While increased border patrols would appear to address illegal trafficking problems
for the Tohono Oodham, it has only made matters worse. Motes explains how tribal
members are doubly afraid: The smugglers create a criminal element and create
fear, but on top of that you have the Border Patro l. If you are driving home late at
night from a ceremony, you are stopped all the time and the vehicle is searched and
human rights are violated.

C. Structural violence is an inequity aimed at a group of people

that are disadvantaged by political, economic, or cultural
traditions. This invisible violence results in suffering and death

Winter and Leighton, 1999, (Deborah, Phd of Psychology Whitman

College and Dana Phd)
http://comp.uark.edu/~dleighto/writing/downloads_files/SVintro.pdf

Direct violence is horrific, but its brutality usually gets our attention: we
notice it, and often respond to it. Structural violence, however, is almost
always invisible, embedded in ubiquitous social structures,
normalized by stable institutions and regular experience. Structural
violence occurs whenever people are disadvantaged by political,
legal, economic or cultural traditions. Because they are longstanding,
structural inequities usually seem ordinary, the way things are and always have
been. The chapters in this section teach us about some important but invisible
forms of structural violence, and alert us to the powerful cultural mechanisms that
create and maintain them over generations.

Structured inequities produce suffering and death as often as direct

violence does, though the damage is slower, more subtle, more common, and
more difficult to repair. Globally, poverty is correlated with infant mortality,
infectious disease, and shortened lifespans. Whenever people are denied

access to societys resources, physical and psychological violence

exists.
Johan Galtung originally framed the term structural violence to refer to any
constraint on human potential due to economic and political structures (1969).
Unequal access to resources, to political power, to education, to health
care, or to legal standing, are forms of structural violence. When inner
city children have inadequate schools while others do not, when gays and lesbians
are fired for their sexual orientation, when laborers toil in inhumane conditions,
when people of color endure environmental toxins in their neighborhoods, structural
violence exists. Unfortunately, even those who are victims of structural violence
often do not see the systematic ways in which their plight is choreographed by
unequal and unfair distribution of societys resources.

D. Privilege structural violence for two reasons- 1) social bias

underrepresents its effects 2) its effects are exponential
meaning even a small amount of structural violence has
massive terminal impacts
Nixon 11 (Rob, Rachel Carson Professor of English, University of WisconsinMadison, Slow Violence and the Environmentalism of the Poor, pgs. 2-3)
Three primary concerns animate this book, chief among them my conviction that we
urgently need to rethink-politically, imaginatively, and theoretically-what I call "slow
violence." By slow violence I mean a violence that occurs gradually and out of sight,
a violence of delayed destruction that is dispersed across time and space, an
attritional violence that is typically not viewed as violence at all. Violence is
customarily conceived as an event or action that is immediate in time, explosive
and spectacular in space, and as erupting into instant sensational visibility. We
need, I believe, to engage a different kind of violence, a violence that is neither

spectacular nor instantaneous, but rather incremental and accretive, its calamitous
repercussions playing out across a range of temporal scales. In so doing, we also
need to engage the representational, narrative, and strategic challenges posed by
the relative invisibility of slow violence. Climate change, the thawing cryosphere,
toxic drift, biomagnification, deforestation, the radioactive aftermaths of wars,
acidifying oceans, and a host of other slowly unfolding environmental catastrophes
present formidable representational obstacles that can hinder our efforts to mobilize
and act decisively. The long dyings-the staggered and staggeringly discounted
casualties, both human and ecological that result from war's toxic aftermaths or
climate change-are underrepresented in strategic planning as well as in human
memory. Had Summers advocated invading Africa with weapons of mass
destruction, his proposal would have fallen under conventional definitions of
violence and been perceived as a military or even an imperial invasion. Advocating
invading countries with mass forms of slow-motion toxicity, however, requires
rethinking our accepted assumptions of violence to include slow violence. Such a
rethinking requires that we complicate conventional assumptions about violence as
a highly visible act that is newsworthy because it is event focused, time bound, and
body bound. We need to account for how the temporal dispersion of slow violence
affects the way we perceive and respond to a variety of social afflictions-from
domestic abuse to posttraumatic stress and, in particular, environmental calamities.
A major challenge is representational: how to devise arresting stories, images, and
symbols adequate to the pervasive but elusive violence of delayed effects.
Crucially, slow violence is often not just attritional but also exponential,
operating as a major threat multiplier; it can fuel long-term, proliferating
conflicts in situations where the conditions for sustaining life become
increasingly but gradually degraded.

E) Cultural is key to Native and global survival; U.S. policy

towards Natives is a demonstration for the rest of the world
and spills over
Barsch (Russell Lawerence; Professor of Native American Studies at the
University of Lethbridge, University of Michigan Journal of Law Reform, Winter,
1993 24 U. Mich. J.L. REF. 671
There is no longer seems to be much difference in the Westernization of the Third
World and of the indigenous world. Indigenous societies are usually more isolated
geographically, so the process of convergence is understandably slower. But they
are catching up. While world leaders lament the loss of biological diversity, which
holds the key to the renewal and survival of ecosystems, our planet rapidly is losing
its cultural diversity, which holds the key to renewal and survival of human
societies. Scientists and scholars search for an alternative in their theories while
real cultures disappear. It will be a real struggle to reassert an indigenous
perspective on social justice, democracy, and environmental security. The hardest
part of the struggle will be converting words to action, going beyond the familiar,
empty rhetoric of sovereignty and cultural superiority. The struggle with be the
hardest here in the United States, where the gaps between rhetoric and reality

have grown greater than anywhere in on earth. This is the best place to begin,
however, because this is the illusory demonstration that is studied by the rest of
the world, including the indigenous peoples of other regions. Are American Indians
ready to accept this global responsibility? The current generation of tribal
leadership appears unwilling to try. It is firmly committed by its actions to the
materialist path, and it is neutralized by its dependence on a continuing financial
relationship with the national government and developers. The next generation of
American Indians may be another matter. Disillusioned and critical, they may yet
find a voice of their own that is both modern and truly indigenous, and they may
have the courage to practice the ideals that their parents merely sloganize. Let us
hope so. There is no alternative for Indian survival or for global survival.

Advantage 2: The Border

A) The growth of border surveillance and security serves to
justify violence against the other by creating enforceable
divisions between persons
Garrett 15
(Terence M. Garrett, Ph.D. Professor and Interim Chair of the Public Affairs and
Security Studies Department, May 2015, The Border Patrol Nation and Governance:
(In)Security, Surveillance, and Subjectivity in the American State, pp. 5-7,
http://www.patheory.net/conference2015/papers/patnet-2015-paper-garrett-16-may2015a.pdf) Todd Miller has researched and written about U.S.-Mexican border issues for more than 10 years.
He has worked on both sides of the border for BorderLinks in Tucson, Arizona, and Witness for Peace in Oaxaca,
Mexico. He now writes on border and immigration issues for NACL, "Ground Zero: The Tohono O'odham Nation,"
https://nacla.org/blog/2012/11/2/ground-zero-tohono-oodham-nation TB

The project of Border Patrol Nation is to gate people into a world of clear and
enforceable divisions. These are not only divisions between citizens and foreigners,
insiders and outsiders, but also between the haves (and all the interests they
protect) and the have-nots. It is a division between the global North and the global
South. In this brightly divided world, the more apparent crime is that of the individual straggling street walker, not the profit-obsessed system that
abandons entire communities of children, youth, men, and women to grow up and live their lives in collapsing, contaminated, foreclosed ruins. The
criminal is the person looking for a job without papers, not the free trade agreements. (Miller, 2014, p.316) [N]othing looks more like a terrorist than the
ordinary man. Giorgio Agamben, What Is An Apparatus? (2009, p. 23; Garrett and Storbeck, 2011, p. 530) Moving beyond the US-Mexico border and into
the USA, Miller (2014) captures the extension of the presence of the agency as stated by Customs and Border Patrol (CBP) 6 agent Jason Harrell who was
flying a Blackhawk helicopter around a thirty mile perimeter of Miamis Sun Life Stadium during a recent Super Bowl Our mission statement says that we
will defend the American public against terrorismThe Super Bowl is a high priority targetThe U.S. government has come to us because we are a law
enforcement entity. And we have assets that other folks dont have. (p. 13) The Super Bowl CBP mission was explained by a Border Patrol supervisor, Mr.
Guzman, as Amtrak and Greyhound buses brought fans to the stadium After 9/11, everyone at the airports are [sic] being looked at, so they tend to
use the Amtrakor the Greyhound as a tool. This makes Amtrak and Greyhound an all-threats environment We dont know whats going to happen.
(Miller 2014, p. 15) This is one example of how the mission of CBP has pushed inland into the USA. The borders, particularly with Mexico, have seen the
growth of the state security apparatus increase. On the border in South Texas, Maril (2011) interviewed Customs and Border Patrol (CBP) Weslaco (Texas)
Field Operations Supervisor, Omar Sanchez, who stated Were [CBP] becoming a paramilitary organization modeled after the military. Its taking time.
Were becoming more professional (p. 222). Another CBP agent, identified as Agent Sparrow, noted that Our job is to provide security. Thats what
CBP and DHS are supposed to do. We want Americans to feel more secure. Make people feel better. Thats what security is about. So people can live their

In effect, the CBP is a fully operational paramilitary

organization with national security the central mission of the DHS agency. The
search for the other, the undocumented border crosser or terrorist, has other
policy consequences citizens daily lives are disrupted all in the name of security .
Borders continue to be militarized with fences , 7 CBP agent escalation, Texas DPS
trooper surges (see more below), and increased electronic surveillance. Miller
(2014) documents repeated intrusions upon the civil liberties of citizens within the
US as CBP agents demand documents, search personal possessions, and detain
people who have to say and many times prove they are American citizens.
lives and not have to worry about the terrorists here (p.224).

B) This surveillance is an extension of colonial logic and further

invisiblizes the Tohono Oodham Nation
Norrell 2012 (Brenda; news reporter in Indian country for 33 years) Tohono Oodham Border
Ground Zero for War against Indigenous Peoples Sept. 17, 2012 Online
http://narcosphere.narconews.com/notebook/brenda-norrell/2012/09/tohono-o-odham-border-groundzero-war-against-indigenous-peoples Accessed 9/17/2015
On the border, Klee Benally, Dine, says the terrorism against Indigenous
peoples by the US government includes the militarization of Tohono Oodham
land in southern Arizona, and the desecration of sacred San Francisco Peaks
in northern Arizona.On the Tohono Oodham border, where the US Border
Patrol speeds down dirt roads, cutting into the dry and fragile desert earth,
and border agents abuse Oodham on their own land, Benally said, For me
this is a deep issue of colonialism, settler colonialism, and state violence,
really state terrorism."This is one of the many ground zeroes of the colonial
wars against Indigenous Peoples," said Benally of this area, one of the
deadliest for Indigenous Peoples and other migrants who walk north in hopes
of a better life. It is also a region where the US border, US militarization and
border laws, violate religious freedom rights and the ceremonial passage of
O'odham on their lands in the US and Mexico.Benally said, Recently there
was a marked anniversary of the Sept 11 terrorist attacks on the US. But
there have been many Sept 11ths for our communities, said Benally,
Navajo, as he joined Amy Juan and Alex Soto, both Tohono Oodham, on the
border on Saturday, on the Tohono O'odham/Mexico border, to speak
out.Right now we as Indigenous Peoples dont have guaranteed protection
for our religious freedom because our sacred sites are under
attack.Indigenous communities here dont have that same freedom of
movement that is essential for their cultural continuity. These are the types
of attacks that also need to be addressed, said Benally, referring to the
militarization, border restrictions, and the abuse and harassment by US
Border Patrol agents.This is the type of state terrorism that needs to be
confronted and it is hard to do it in the context of these social and
environmental justice movements that continue to further invisibilize who
we are as Indigenous Peoples.

C) Under colonialism, race, power and ethnocentric views of superiority

combine to create an endless cycle of damnation and death ethics
against those viewed as the racialized subject
Maldonado-Torres 8 (Nelson, Against War: Views from the Underside of
Modernity, p. 217-21)
(ADD credentials)
what happened in the Americas was a
transformation and naturalization of the non-ethics of warwhich represented a
sort of exception to the ethics that regulate normal conduct in Christian countries
into a more stable and long-standing reality of damnation, and that this epistemic
and material shift occurred in the colony. Damnation, life in hell, is colonialism: a
reality characterized by the naturalization of war by means of the naturalization of
slavery, now justified in relation to the very constitution of people and no longer
solely or principally to their faith or belief . That human beings become slaves when
they are vanquished in a war translates in the Americas into the suspicion that the
conquered people, and then non-European peoples in general, are constitutively inferior and that
Dussel, Quijano, and Wynter lead us to the understanding that

therefore they should assume a position of slavery and serfdom . Later on, this idea
would be solidified with respect to the slavery of African peoples, achieving stability up to the present with the tragic reality of different forms of racism.
Through this process,

what looked like a "state of exception" in the colonies became

the rule in the modern world . However, deviating from Giorgio Agarnben's diagnosis, one must say that
the colony--long before the concentration camp and the Nazi politics of
extermination--served as the testing ground for the limits and possibilities of
modernity, thereby revealing its darkest secrets." It is race, the coloniality of power,
and its concomitant Eurocentrism (and not only national socialisms or forms of fascism) that allow the "state
of exception" to continue to define ordinary relations in this, our so-called
postmodern world. Race emerges within a permanent state of exception where forms of behavior that are
legitimate in war become a natural part of the ordinary way of life . In that world,
an otherwise extraordinary affair becomes the norm and living in it requires
extraordinary effort." In the racial/ colonial world, the "hell" of war becomes
a condition that defines the reality of racialized selves , which Fanon referred to as the damnes
de la terre (condemned of the earth). The damne (condemned) is a subject who exists in a permanent "hell," and as such, this figure serves as the main
referent or liminal other that guarantees the continued affirmation of modernity as a paradigm of war. The hell of the condemned is not defined by the
alienation of colonized productive forces, but rather signals the dispensability of racialized subjects, that is, the idea that the world would be

The racialized subject is ultimately a dispensable source of

value, and exploitation is conceived in this context as due torture, and not solely as
the extraction of surplus value. Moreover, it is this very same conception that gives rise to the particular erotic dynamics that
characterize the relation between the master and its slaves or racialized workers. The condemned, in short, inhabit
fundamentally better without them.

a context in which the confrontation with death and murder is ordinary .

Their "hell" is not simply "other people," as Sartre would have put it-at least at one
point - but rather racist perceptions that are responsible for the suspension of
ethical behavior toward peoples at the bottom of the color line . Through racial conceptions that
became central to the modern self, modernity and coloniality produced a permanent state of war that racialized and colonized subjects cannot evade or
escape. The modern function of race and the coloniality of power, I am suggesting here, can be understood as a radicalization and naturalization of the
non-ethics of war in colonialism."

This non-ethics included the practices of eliminating and

enslaving certain subjects-for example, indigenous and black-as part of the

enterprise of colonization. From here one could as well refer to them as the
death ethics of war. War, however, is not only about killing or enslaving; it also
includes a particular treatment of sexuality and femininity: rape . Coloniality is an
order of things that places people of color within the murderous and
rapist view of a vigilant ego, and the primary targets of this rape are
women. But men of color are also seen through these lenses and
feminized, to become fundamentally penetrable subjects for the ego
conquiro . Racial- ization functions through gender and sex, and the ego conquiro is thereby constitutively a phallic ego as well." Dussel. who
presents this thesis of the phallic character of the ego cogito, also makes links, albeit indirectly, with the reality of war. And thus, in the beginning of
modernity, before Descartes discovered ... a terrifying anthropological dualism in Europe, the Spanish conquistadors arrived in America. The phallic
conception of the European-medieval world is now added to the forms of submission of the vanquished Indians. "Males," Bartolome de las Casas writes,
are reduced through "the hardest, most horrible, and harshest serfdom"; but this only occurs with those who have remained alive, because many of them
have died; however, "in war typically they only leave alive young men (mozos) and women.""5 The indigenous people who survive the massacre or are left

And since their bodies have been

conceived of as inherently inferior or violent, they must be constantly subdued or
civilized, which requires renewed acts of conquest and colonization . The survivors continue to live
alive have to contend with a world that considers them to be dispensable.

in a world defined by war, and this situation is peculiar in the case of women. AsT. Denean Sharpley-Whiting and Renee T, White put it in the preface to
their anthology Spoils oJ War: Women oJ Color, Cultures, and Revolutions: A sexist and/or racist patriarchal culture and order posts and attempts to
maintain, through violent acts of force if necessary, the subjugation and inferiority of women of color. As Joy James notes, "its explicit, general premise
constructs a conceptual framework of male [and/or white] as normative in order to enforce a politicaljracial, economic, cultural. sexual] and intellectual
mandate of male [and/or white] as superior." The warfront has always been a "feminized" and "colored" space for women of color. Their experiences and
perceptions of war, conA ict, resistance, and struggle emerge from their specific racial-ethnic and gendered locations ... Inter arma silent leges: in time of
war the law is silent," Walzer notes. Thus, this volume operates from the premise that war has been and is presently in our midst. The links between war,
conquest, and the exploitation of women's bodies are hardly accidental. In his study of war and gender, Joshua Goldstein argues that conquest usually
proceeds through an extension of the rape and exploitation of women in wartime." He argues that to understand conquest, one needs to examine: I) male
sexuality as a cause of aggression; 2) the feminization of enemies as symbolic domination; and 3) dependence on the exploitation of women's labor-

that these three elements came together in a powerful

way in the idea of race that began to emerge in the conquest and colonization of
the Americas. My second point is that through the idea of race, these elements
exceed the activity of conquest and come to define what from that point on passes
as the idea of a "normal" world. As a result, the phenomenology of a racial context
resembles, if it is not fundamentally identical to, the phenomenology of war and
conquest. Racism posits its targets as racialized and sexualized subjects that, once
vanquished, are said to be inherently servile and whose bodies come to form part of
an economy of sexual abuse, exploitation, and control. The coloniality of power cannot be fully understood
without reference to the transformation and naturalization of war and conquest in modern times. Hellish existence in the
colonial world carries with it both the racial and the gendered aspects of the
naturalization of the non-ethics of war. " Killability" and "rapeability" are
including reproduction." My argument is, first,

inscribed into the images of colonial bodies and deeply mark their
ordinary existence . Lacking real authority, colonized men are permanently feminized and simultaneously represent a constant threat
for whom any amount of authority, any visible trace of the phallus is multiplied in a symbolic hysteria that knows no lirnits.?" Mythical depiction of the
black man's penis is a case in point: the black man is depicted as an aggressive sexual beast who desires to rape women, particularly white women. The
black woman, in turn, is seen as always already sexually available to the rapist gaze of the white, and as fundamentally promiscuous. In short, the black
woman is seen as a highly erotic being whose primary function is fulfilling sexual desire and reproduction. To be sure, any amount of "penis" in either one
represents a threat, but in his most familiar and typical forms the black man represents the act of rape- "raping" -while the black woman is seen as the
most legitimate victim of rape- "being raped." In an antiblack world black women appear as subjects who deserve to be raped and to suffer the
consequences-in terms of a lack of protection from the legal system, sexual abuse, and lack of financial assistance to sustain themselves and their
families-just as black men deserve to be penalized for raping, even without having committed the act. Both "raping" and "being raped" are attached to
blackness as if they form part of the essence of black folk, who are seen as a dispensable population. Black bodies are seen as excessively violent and

"Killability" and "rapeability" are

part of their essence, understood in a phenomenological way. The "essence" of
blackness in a colonial anti-black world is part of a larger context of meaning in
which the death ethics of war gradually becomes a constitutive part of an allegedly
erotic, as well as being the legitimate recipients of excessive violence, erotic and otherwise."

normal world. In its modern racial and colonial connotations and uses, blackness is
the invention and the projection of a social body oriented by the death ethics of
war." This murderous and raping social body projects the features that define it onto sub-Others in order to be able to legitimate the same behavior
that is allegedly descriptive of them. The same ideas that inspire perverted acts in war--particularly
slavery, murder, and rape--are legitimized in modernity through the idea of race and
gradually come to be seen as more or less normal thanks to the alleged
obviousness and non-problematic character of black slavery and anti-black racism . To
be sure, those who suffer the consequences of such a system are primarily
blacks and indigenous peoples, but it also deeply affects all of those who appear as colored or close to darkness. In
short, this system of symbolic representations, the material conditions that in part
produce and continue to legitimate it, and the existential dynamics that occur
therein (which are also at the same time derivative and constitutive of such a
context) are part of a process that naturalizes the non-ethics or death ethics of war.
Sub-ontological difference is the result of such naturalization and is legitimized
through the idea of race. In such a world, ontology collapses into a Manicheanism, as Fanon suggested."

D. This settler colonialist attitude are heteronormative plan is

the first step to rethinking heteronormativity and embracing
queer theory
Morgensen 2011 (Scott Lauria; assistant profess of gender studies and cultural
studies at Queens University in Kingston, Ontario, Canada and coeditor of Quuer
Indigenous Studies: Critical Intereventions in Theory, Politics, and Literature)
Spaces Between Us: Queer Settler Colonialism and Indigenous Decolonization;
University of Minnesota Press, 2011 pp. 1-4

This book examines how settler colonial power relations among Native and
non-Native people define the status queer. It argues that modern queer subjects,
cultures, and politics have developed among Natives and non-Natives in linked, yet
distinct, ways. The imposition of colonial efforts to eliminate Native nationality and
settle native lands. Modern sexuality comes into existence when the
heteropatriarchal advancement of white settlers appears to vanquish sexual
primitivity, which white settlers nevertheless adopt as their own history. When
modern sexuality queers white settlers, their effort to reclaim a place within settler
society produces white and non-Native queer politics for recognition by the state.
Yet memories and practices of discrepant sexual cultures among Indigenous peoples
and peoples of color persistently trouble the white settler logics of sexual
modernity. For instance, Native modes of kinship, embodiment, and desire such as
those today called Two Spirit produce Native queer modernities that denaturalize
settler colonialism. The comparative studies in this book show settler colonialism as
the context in which non-Native and Native people produce modern queer subjects,
cultures, and politics.

A methodological shift in Native studies heralded by such scholars as Linda

Tuhiwai Smith and Robert Warrior theorizes settler colonialism by tracing the
intellectual histories (Warrior) and methods of Native peoples practicing the
survival, resistance, and decolonialization. Scholarship in settler colonial studies
must support this turn, as when Patrick Wolfe theorizes settler colonialism as a
structure, not an event that calls for a sustained denaturalizing critique. Andrea
Smith calls become an interdisciplinary site for explaining and transforming a world
defined by settler colonialism. on Native studies to refuse its ethnographic
entrapment in the description of Native cultures and instead She promotes this
shift by invoking queer theory, which displaced the description of sexual minorities
in gay/lesbian studies by theorizing heteronormativity as a power relation that
conditions all subjects and social life. Scholars at the intersections of Native and
queer studies have responded to these calls by demonstrating that each field is
intrinsic to the other. Smith explain that the heteronormativity of settler
colonialism has subjected Native and non-Native people to settler colonial rule and
regimes of modern sexuality. In this context, queer statuses accure to
nonheteronormative identities such as gay, lesbian, bisexual, transgender, or
queer after colonial heteropatriarchy first redefines embodiment, desire, and
kinship to eliminate Native culture, control racialized populations, and secure, in
Sherene Razacks term, a white settler society. In this book, queer will refer to
statuses produced by the heteropatriarchal power of white supremacist settler
colonialism. My analysis joins critics of homonormativity in arguing that all queer
statuses are not equivalent.
E) Colonialism spills over when the U.S. spreads this ideology;
assimilating every subaltern into the dominant American ideology.
Sciullo 08 (Nick J., A Whale of a Tale: Post-Colonialism, Critical Theory, And
Decontruction: Revisiting the International Convention for the Regulation of Whaling
Through a Socio-Legal Perspective, HEINOnline //RJ)

Post-colonialism The arrival of non-Indians here led to multiple tragedies that have continued long after the nonIndians should have known better, and these clashes have called forth from many Indian people and tribes so
multifarious an array of creative transfor- mations of themselves that no single book, and not even a multi- volume

No alleged effect of colonization evokes greater moral

indigna- tion or fretful nostalgia than fragmentation . Colonialism breaks things. It
shatters an imagined wholeness. Colonialism's will to power creates binaries
set of books, could chronicle them all."

where a unified field and healthy singularity of cultural purpose once

existed . The self of the colonizer explodes a native cultural solidarity , producing
the spiritual con- fusion, psychic wounding, and economic exploitation of a new and
dominated other. Colonization imposes evil, fear, and igno- rance on the innocent
native landscape.97 The post-colonialism debate is very much about
robbery-a spiritual theft of subjectivity that manifests itself through
practices of cultural superiority, xenophobia, and the oppressor's lack of

humynity . What was once whole, striated, expansive and indefinite is now
smoothed by a larger discourse of dominance . The development of colonialism
and its refinements and rebirths have perpetu- ated a psychology of
control that has injured, actually and metaphorically, indigenous
populations . Post-colonial critiques are often multifaceted, but all center on a rejection of imperialism
and/or a rejection of the blanket con- cept of "Enlightenment Thinking."" Post-colonial critiques have also been
termed "radical anti-imperialism" by Patrick Callahan.99The argument that the United States has or is an empire is
hotly debated, mostly because parties focus on indicia of formal em- pire-control over cultures, sovereignties,

To be sure, there is a compelling case to be made that the United

States is an empire when considering its relationship to the indigenous peoples of
the United States. With the recent events of Sep- tember 11, 2001 deployed as a
call for a new imperialism, the post- colonialism critique is relevant to today's
political and philosophi- cal discourses. 00 However, perhaps the most palpable
example of the United States' empire is indirect empire.'0 ' Indirect empire often
arises out of advantages in international trade, popular culture indoctrination, and
the spread of a country's commercial interests and objectives-Starbucks,
McDonalds, etc. Both types of empire are serious problems for subalterns of all
varieties.10 2
economic strength, etc.

F) The rationalization of otherization leads to error replication

and further oppression
Katz 97 (Katheryn D. Katz, prof. of law - Albany Law School, 1997, Albany Law Journal, |||edited for
g-lang|||)

throughout human history dominant and oppressive

groups have committed unspeakable wrongs against those viewed as
inferior. Once a person (or a people) has been characterized as subhuman, there appears to have been no limit to the cruelty that was or
will be visited upon them him. For example, in almost all wars, hatred
towards the enemy was inspired to justify the killing and wounding by
separating the enemy from the human race, by casting them as
unworthy of human status. This same rationalization has supported:
genocide, chattel slavery, racial segregation, economic exploitation,
caste and class systems, coerced sterilization of social misfits and
undesirables, unprincipled medical experimentation, the subjugation of
women, and the social Darwinists' theory justifying indifference to the
poverty and misery of others.
It is undeniable that

Contention 2 is Solvency
A. Freeing border travel allows for the Tohono Oodham to
maintain their culture.
Austin 91(Megan, Fall 1991, A CULTURE DIVIDED BY THE UNITED STATES-MEXICO
BORDER: THE TOHONO O'ODHAM CLAIM FOR BORDER CROSSING RIGHTS, Arizona
Journal of International and Comparative Law [Vol. 8, No. 2], Accessed 7/14/15) CH
This note discusses the sources of the right of the Tohono O'odham Indians to cross
the international border separating the United States and Mexico. The first section
of this note provides an historical background of O'odham traditional lands,
including the effect on the Tohono O'odham people of the Treaty of Guadalupe
Hidalgo and the Gadsden Purchase which established the international border. The
effects of Spanish colonization, Mexican independence from Spain and the
establishment of the border significantly changed the lands and the patterns of life
of the O'odham people. The Tohono O'odham Tribe seeks legislation which will
recognize the rights of the O'odham in Mexico and members of the Tohono O'odham
Tribe to pass freely throughout their traditional lands without regard to the border
and the restrictions imposed by immigration and customs laws. Border crossing
rights are necessary to the Tohono O'odham peoples' freedom to sustain and
develop their culture.

B) Respect for culture, through laws, humanizes the other

Wiessner, Law Professor at St Thomas University, 2007 (Siegfried,
Indigenous Sovereignty: A Reassessment in Light of the UN Declaration on the
Rights of Indigenous Peoples, Vanderbilt Journal of Transnational Law, Volume 41,
http://www.vanderbilt.edu/jotl/manage/wp-content/uploads/Wiessner_final_7.pdf,
accessed July 13, 2015)TB
As law, in essence, ought to serve human beings, any effort to design a better law
should be conceived as a response to human needs and aspirations. These vary
from culture to culture, and they change over time. As Michael Reisman has
explained, humans have a distinct need to create and ascribe meaning and value to
immutable experiences of human existence: the trauma of birth, the discovery of
the self as separate from others, the formation of gender or sexual identity,
procreation, the death of loved ones, ones own death, indeed, the mystery of it all.
Each culture . . . records these experiences in ways that provide meaning, guidance
and codes of rectitude that serve as compasses for the individual as he or she
navigates the vicissitudes oflife.185 Thus, from the need to make sense of ones
individual and cultural experiences arise inner worlds, or each persons inner reality.
The international human rights system, as Reisman sees it, is concerned with
protecting, for those who wish to maintain them, the integrity of the unique visions
of these inner worlds, from appraisal and policing in terms of the cultural values of

others. This must be, for these inner world cosmovisions, or introcosms, are the
central, vital part of the individuality of each of us. This is, to borrow Holmes
wonderful phrase, where we live. Respect for the other requires, above all, respect
for the others inner world.186 The cultures of indigenous peoples have been under
attack and are seriously endangered. One final step is the death of their language.
As George Steiner wrote in 1975: Today entire families of language survive only in
the halting remembrances of aged, individual informants . . . or in the limbo of tape
recordings. Almost at every moment in time, notably in the sphere of American
Indian speech, some ancient and rich expression of articulate being is lapsing into
irretrievable silence.187 Reisman concluded that political and economic selfdetermination in this context are important, but it is the integrity of the inner
worlds of peoplestheir rectitude systems or their sense of spirituality that is their
distinctive humanity. Without an opportunity to determine, sustain, and develop that
integrity, their humanityand ours is denied.188 Similarly, the late Vine Deloria,
Jr., revered leader of the U.S. indigenous revival, stated that indigenous sovereignty
consist[s] more of a continued cultural integrity than of political powers and to the
degree that a nation loses its sense of cultural identity, to that degree it suffers a
loss of sovereignty.189 Sovereignty, explains another great Native American
leader, Kirke Kickingbird, cannot be separated from people or their culture.190 In
this vein, Taiaiake Alfred appeals for a process of de-thinking sovereignty. He
states: Sovereignty . . . is a social creation. It is not an objective or natural
phenomenon, but the result of choices made by men and women, indicative of a
mindset located in, rather than a natural force creative of, a social and political
order. The reification of sovereignty in politics today is the result of a triumph of a
particular set of ideas over othersno more natural to the world than any other
man-made object.

C) U.S. Laws can overcome Native oppression and participate in

decolonization

Carriere 94, Jeanne Louise, Associate Professor of Law- Tulane, Iowa Law
Review, v79, March, p. LN)

A second, and better, option for resolving the cultural conflict was to recognize the
Native American as a speaker and actor, rather than as a passive object of EuroAmerican speech. This is a necessary first step if the two cultures are to
communicate effectively, allowing each to draw on the resources of the other. n36
As Robert A. Williams, Jr. has observed, *Only when [when indigenous peoples are
recognized as having a voice] can tribalisms differently oriented vision be fairly
considered as something other than an anachronistic inconvenience to the Wests
relentless, consumption-oriented world view. n37 Euro-American society, however,
has not resolved its conflict by means of this option either. Williams remark
indicates that cultural colonialism deprives both the dominant and subordinate
cultures of the latters contributions. Although the dominant cultures law

participates in the colonizing process, it can also participate in decolonization . n38

The recognition of Native American rights as an area of Euro-American law implies
that Native American subjectivity, for legal discourse is a subset of cultural
discourse. n39 No less than literature or art, law constructs a subject n40 and
unless the discipline is to be regarded as a hapless cultural bystander contributes
to its perpetuation in the culture. Law entitles, law prescribes, and in doing so
casts the shadow of the legal subject beyond its internal discursive confines by
imposing it on other cultural artifacts.