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Is the Consultant Counterplan Legitimate

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Is the Consultant Counterplan Legitimate THE D G E IS THE CONSULTATION COUNTERPLAN LEGITIMATE? by David M. Cheshier The most popular category of counterplan on the “weap- ons of mass destruction” (WMD) topic involves consultation. The negative argues that instead of promptly adopting and imple- menting the plan, the United States should consult some speci- fied government beforehand, only moving forward if the plan meets the approval of our consultation partner. Many versions were produced over the summer, including counterplans to consult NATO, Japan, Russia, China, Israel, India, and Canada. On this resolution, the consultation counterplan is often an irresistible strategic option for the negative. Because most plan texts as written advocate immediate implementation (if they don’t the affirmative may be in topicality trouble), the counterplan is mutually exclusive, for one can’t act and consult about acting at the same time. Because the resolution locks the affirmative into frequently defending policies the rest of the world would agree to, the counterplan consultation process would usually culminate in the eventual passage of the plan. Thus, the negative is able to argue there is little or no downside to asking for input. Consulta- tion promises to capture the advantages, with the value added benefit of an improvement in America’s relations with NATO, Rus- sia, or China (from here on I’ll use Russia as my example). The view is also prevalent that the consultation counterplan cannot be permuted by the affirmative, since to do so invariably commits the affirmative either to severance or intrinsicness (more on this shortly). Consultation is here to stay. For the counterplan to work, the negative must include lan- guage, which gives the consultation partner a “veto” over the plan. That is, Russia must be able to say perhaps consultation truly is now the “nor- if the affirmative is urging us to contain no, and if they do, we must agree to follow. mal means” by which the United States does 1930’s-era Nazism, they would object to a To do anything less is to promote illegiti- business. But the main effect is to counterplan saying Hitler will voluntarily mate or artificial consultation, which the lit- strengthen the negative’s hand: the normal suspend his genocide on the grounds the erature typically condemns. The idea is that means argument is weak for other reasons counterplan is just as abusive as a crime Russia doesn’t want to be dictated to; rather, beyond the fact situation of American di- topic counterplan which has criminals aban- they want to be taken seriously, with assur- plomacy, and given the current urgency of don their racketeering. ances their objections and suggestions will alliance consultation there is less reason International actor counterplans be incorporated, and this is true of NATO, than ever to force a plan into existence with- (“have Japan do the plan”) have survived China, and all the rest. out seeking advice and input from our allies these arguments, and with good reason. Advice to explicitly include a veto or strategic competitors. There is a full and nuanced literature as- provision may seem counterintuitive, espe- I highly recommend an essay on the sessing the comparative benefits of Ameri- cially to those affirmative debaters willing NATO consultation counterplan written by can action as opposed to, say, Russian in- to defend the standard of “textual competi- Dan Shalmon, formerly a national champi- volvement in global affairs. And the Sen- tion.” The logic of textual competition when onship debater from Glenbrook North High ate example just offered can be dismissed advocated by the affirmative goes like this: School (IL), now enjoying considerable suc- as misconstruing the nature of fiat: even in if language from the counterplan can liter- cess on the college circuit as a debater for the world of “magic wand” fiat debaters are ally be pulled from the counterplan and af- the University of California at Berkeley. His not pretending to be senators when they fixed to the plan (with the effect of generat- essay in this year’s Hitchhiker’s Companion seek a judge’s endorsement for federal gov- ing a permutation, yielding net benefits), (organized by Stefan Bauschard, published by ernment action. And if this is so, the then the counterplan does not compete even Paradigm – www.oneparadigm.com) introduces counterplan to fiat through India is funda- if the attached counterplan text radically al- the argument in a sophisticated way. Shalmon mentally no different than a plan which has ters the meaning of the original plan. In the lays out how to set up the argument in a high school student from Boise fiat the consultation context, to provide an example, cross-examination so that some affirmative Senators of forty-nine states or Represen- textual competition defenders will seize on escape paths are foreclosed, includes a very tatives of 434 districts of which she is not a the “veto” language for the purpose of a good bibliography, and prepares the nega- citizen, or a regulator who would probably permutation. They will say they can per- tive to answer the most common responses. not consent even to an interview with a high mute the plan by affixing the veto language Although his essay is specifically organized school visitor. Both plan and counterplan to the original plan text, even though this around the NATO literature, Shalmon’s theo- advocates implore a judge to endorse the transforms the plan into something retical advice is applicable and sound for governmental action of agents largely for- probabilistically topical, and in effect makes counterplans engaging other consultation eign to round participants. And who knows the permutation the equivalent of the partners. My essay is to supplement his what we would do if we (gasp!) selected counterplan. Because textual competition thoughts by addressing some of the larger another topic with an international actor – standards are not widely endorsed on the theoretical issues, and by adding another one supposes debate would have to end. national circuit, I’ll pass up the chance to perspective to his discussion of the most But whichever side of the issue one discuss them in more depth, except to say often defended permutations. endorses, it doesn’t matter in the consulta- that apart from this difficulty, including veto tion context since the counterplan does not language in the counterplan is in every other Two Weak Objections: dictate any action or response from another respect I know a good idea for the negative. International Fiat and Plan-Inclusion government. Properly written a consulta- The events of September 11, Debaters are often tempted to initiate tion counterplan will only specify Ameri- devastatingly tragic as they were, have two theoretical objections to consultation, can governmental action: “The U.S. federal changed the strategic landscape in ways though neither really pertains. Some argue government shall consult with Russia over favorable to consultation arguments. Be- the counterplan should be rejected because the implementation of de-alerting propos- fore September 11, the Bush Administration it necessarily entails international fiat. As als. If Russia refuses to consult with the was widely criticized for its ungenuine com- you know, some object to international fiat United States, or vetoes de-alerting, it will mitment to alliances – in Europe, for instance, (which usually takes the form of a plan or not occur,” and so on. This text imagines Bush and his team were widely dismissed counterplan acting through some other ac- no fiated Russian action, since it only or- as permanently predisposed against genu- tor, such as a counterplan to have Russia ders the beginning of the process, which ine deliberation. Instead, Bush’s preferred dismantle its nuclear forces at its own ini- occurs wholly on the American side, and policy, on everything from Kyoto to missile tiative) as distortive of routine policy com- specifies only an American response. And, defense, was to arrive for talks where the parison. In the context of an American de- remember, if even this degree of orches- main purpose was for Bush to tell Europe bate, which we imagine might be happen- trated state-to-state interaction is illegiti- and others what he intended to do. All this ing among American decision makers, it mate fiat, then it is unclear how any affirma- seems to have changed, if only momentarily, would simply not be normal or germane for tive plan operating under the topicality re- in the aftermath of the terrorist attacks on a senator to stand up and say: “Hold on! quirement to be a “foreign policy” could New York and Washington. Now, if only We should not act in this case. Rather, we survive the fiat challenge either. out of the urgent American self-interest in should imagine that Russia has acted to Others will be tempted to object to alliance building, the Bush team is consult- solve the problem for us.” Others oppose consultation counterplans on the grounds ing everyone in sight. This fact is not with- permitting debaters to fiat through the so- that they are “plan inclusive” (hereafter, out benefits to the affirmative – after all, called “object” of affirmative scrutiny; thus, “plan-inclusive counterplans” are “PICs”). I don’t know a single judge in America who But it may be mistaken to so fully both factual and theoretical. finds the “PICs good”/”PICs bad” debate conflate the issue of permutation legitimacy It matters, for example, whether con- intellectually illuminating, but that has not and artificial competitiveness. The consul- sultation normally happens or not. If the much impeded its success as an affirmative tation counterplan may pose an instance of United States normally consults (e.g., the counterplan response. As is the case with an artificially rigged alternative to the plan, NATO Charter requires it), then the international fiat, most judges I know have whose artificiality cannot be made plain by counterplan mandate is not so rigged.
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