Judicial+Fiat+DA

1NC

A. The Supreme Court requires a test case to rule King, 2000 (Brian, 10 Kansas Journal of Law and Public Policy, 215, http://www.law.ku.edu/journal/articles/v10n2/v10p215.html)

Without a judicial case or…case or controversy at the center

B. Link- The Plan doesn’t cite a test case, so the Aff either fiats a test case or plan doesn’t happen and the Neg wins on presumption

C. Impacts 1. Test case fiat is unconstitutional. As an US policymaker, you have no jurisdiction to vote for the plan Chicago-Kent Law Review, 1989 (“Rehearsing Sua Sponte”, 65 Chic.-Kent Law Rev. 919)

Indeed, the Court hears only a small portion of the…questions unless necessary. N162

2. Constitutional violations come first in any framework Levinson, professor of law at the University of Virginia, 2000 (Daryl, University of Chicago Law Review, Spring, lexis)

Extending a majority rule analysis of…constitutional rights were never violated.

3. It takes out solvency – the requirement of a test case is the internal link to court legitimacy, enforcement of decisions, and non-partisanship King, 2000 (Brian, 10 Kansas Journal of Law and Public Policy, 215, [])

There must also be adverse parties. The…and makes them less political.

Constitutionality Impact

The Constitution matters—unchecked power is bad in itself. Carter, 1990 (Stephen L. Professor of Law, Yale University, “Constitutional Improprieties: Reflections on Mistretta, Morrison and Administrative Government,” University of Chicago Law Review, SPRING, 57 U. Chi. L. Rev. 395.)

De-evolutionary review is the key…for the legitimacy of limitation

A Constitutionally structured government is the foundation of liberty—otherwise there is no check on or justification for the government’s power. This turns back case solvency because government abuses of power can only be limited in a world where the Constitution is applied Carter, 1990 (Stephen L. Professor of Law, Yale University, “Constitutional Improprieties: Reflections on Mistretta, Morrison and Administrative Government,” University of Chicago Law Review, SPRING, 57 U. Chi. L. Rev. 395.)

The idea of a structural impropriety might seem a bit startling…for the three branches themselves

Constitution key to liberty

A Constitutionally structured government is the foundation of liberty—otherwise there is no check on or justification for the government’s power. This turns back case solvency because government abuses of power can only be limited in a world where the Constitution is applied Carter, 1990 (Stephen L. Professor of Law, Yale University, “Constitutional Improprieties: Reflections on Mistretta, Morrison and Administrative Government,” University of Chicago Law Review, SPRING, 57 U. Chi. L. Rev. 395.)

The idea of a structural impropriety might seem a bit startling…for the three branches themselves

The constitution matters—unchecked power is bad in itself. Carter, 1990 (Stephen L. Professor of Law, Yale University, “Constitutional Improprieties: Reflections on Mistretta, Morrison and Administrative Government,” University of Chicago Law Review, SPRING, 57 U. Chi. L. Rev. 395.)

De-evolutionary review is the key…for the legitimacy of limitation

The Constitution prevents the government from defining its own powers. Carter, 1990 (Stephen L. Professor of Law, Yale University, “Constitutional Improprieties: Reflections on Mistretta, Morrison and Administrative Government,” University of Chicago Law Review, SPRING, 57 U. Chi. L. Rev. 395.)

Something like this, I think…as the de-evolutionary tradition.