Debate Guidelines

The Debate
DEBATES: March 14-22, 2016
As a final project for the unit on challenging perspectives, you and three partners
will prepare for and engage in a policy debate.

You and one partner will work together

to argue one perspective while two
students on an opposing team will argue

another.
Your debate will last the duration of an

entire class period.

At the end of each debate, your
classmates will ask questions, make
comments, and decide on a winner.
You will sit in front of the class next to your partner and across from your opponents,
and you will speak at the podium:

A2

N2

A1

N
1
Podium

A policy debate is a competition in which one team argues for a change in

government policy while
that change would
cause problems. Think
presidential debates!

another argues why

Debate Guidelines

Examples:
Policy Debate Topics
Animal testing should be banned.
College education should be free to all.
Both medicinal and recreational

NOT Policy Debate Topics

Animal testing is immoral.
College education is a human right.
Marijuana is not physically harmful.

marijuana use should be legalized.

The legal drinking age should be

Alcohol does not have many harmful

lowered to eighteen.
Guns should be banned nationally.

side effects.
Guns kill people.

Debate Guidelines
You and your teammates will choose your own debate topic and decide who argues
the affirmative side (the side that advocates change) and who argues the negative
(the side that details the harmful side effects of said change). These topics must be
approved during the assigned checkpoint.Policy debates follow very strict formats.
Teams go back-and-forth presenting their arguments and responding to the
opposing teams attacks.

DO NOT FEAR!
This structure may seem overwhelming, but it is so specific and structured that it is
hard to mess up.

Debate Guidelines
Team Debate Format (Adapted from
http://facstaff.bloomu.edu/jtomlins/debate_formats.htm):
1AC (First Affirmative Constructive) 4 minutes
Has a good introduction that attracts the audiences attention and interest in
the topic
Clearly states the problem and proposed solution
Clearly states each of your main arguments and supports with reason and
evidence
Concludes effectively
Cross Examination of the Affirmative team by one of the members of the
Negative team 2 minutes
Ask questions have a strategy or, at the very least, a direction to your
questioning
Be courteous and attack the arguments, reasoning, and logic avoid logical
fallacies
1NC (First Negative Constructive) 4 minutes
Has a good introduction that attracts the audiences attention and interest in
the topic
Clearly states the Negatives position on the topic
Clearly states the Negatives observations and apprehensions, supported with
reason and evidence
Attacks and questions the Affirmatives arguments and evidence
Concludes effectively
Cross Examination of the Negative team by one of the members of the
Affirmative team 2 minutes
2AC (Second Affirmative Constructive) 4 minutes
Has a good introduction that attracts the audiences attention and interest in
the topic
Clearly states each of your arguments (the 2AC may bring up additional
arguments)
Responds to Negative arguments/attacks
Concludes effectively
Cross Examination of the Affirmative team by the other Negative team
member 2 minutes
2NC (Second Negative Constructive) 4 minutes
Has a good introduction that attracts the audiences attention and interest in
the topic
Clearly states the Negatives observations the second Neg. can introduce
additional observations

Debate Guidelines

Attacks and questions the Affirmatives arguments/evidence

Concludes effectively

Cross Examination of the Negative team by the other Affirmative team

member 2 minutes
Rebuttal Speeches Speakers may not present new arguments, but they
may present new evidence
1NR (First Negative Rebuttal) 3 minutes
Rebuilds the Negative case after the Affirmative has attacked it
Summarizes how the Negative position is superior and the Affirmative has not
carried the burden-of-proof (the obligation to effectively prove your point)
1AR (First Affirmative Rebuttal) 3 minutes
Responds to the Negative arguments and rebuilds the Affirmative case by
extending arguments and giving additional support for them
2NR (Negative Rebuttal) 3 minutes
Responds to latest Affirmative arguments
Makes your final case to the audience that the Negative position is superior to
the Affirmative
Tries to convince the audience the Affirmative has failed to carry the burdenof-proof
Summarizes the debate and concludes effectively and asks for the audience
to agree with the Negative position
2AR (Second Affirmative Rebuttal) 3 minutes
Responds to final Negative arguments
Summarizes the debate and shows the audience how the Affirmative position
is superior and has carried the burden-of-proof
Concludes effectively

Debate Guidelines
TOTAL TIME: 36 minutes (roughly 9 minutes per person)

Debate Guidelines

The Debate Brief

A brief is basically an outline of your argument. It details what you are going to
argue, the order in which you will argue it, and the research that supports your
arguments. Before your debate, your team and the opposing team will switch briefs.
This gives both sides time to develop counterarguments and questions to present
during the debate.
Your brief will include:
1. Your thesis (the argument you are trying to prove). You will either argue in
favor of or against a topic.
2. The arguments. You must logically argue why people should support your
position.
3. Evidence. Each of your arguments mean very little without supporting
researched evidence.
The outline you will follow for your brief should look as follows:
I.
II.
III.

Proposition or thesis
Definition of key terms from your topic
If you argue the affirmative, you will present the reason you think
something needs to change. If you argue the negative, you will present

IV.
V.

your strategy of opposition.

Your main arguments and supporting evidence
If you argue the affirmative, you must present a course for change that
includes the change and the mechanism (how you suggest the change be
enacted). If you argue the negative, you must present the negative

VI.

consequences of enacting the affirmatives plan.

Sources cited

BRIEF EXCHANGE: Monday, March 7th

FINAL BRIEF DUE: Friday, March 11th

Debate Guidelines
Example Affirmative Brief
Proposition
Student loan debt should be dischargeable through bankruptcy.
Definition of Key Terms
Student Loan A loan designed to assist a student trying to pursue a higher education
Dischargeable In 1976 Congress made student loans generally non-dischargeable
except five years after default or if the borrower could prove undue hardship. This was
extended to private student loans in 2005.
Bankruptcy Legal status of a person or organization that cannot repay the debts it owes
to creditors. Most unsecured debts are dischargeable either through the Chapter 7 or
Chapter 13 bankruptcy, other debts that are non-dischargeable include child support,
alimony, court restitution orders, criminal fines, and some taxes.
Reasons for Change
I. The reason student loans were made non-dischargeable was for fear of abuse.
A. In 1976, Congress asked GAO to study this issue and the found that there was a high
rate of student loan defaults but only a small percentage were discharged in
bankruptcy.
B. Education Amendments of 1976 made student loans generally non-dischargeable
except five years after default or if the borrower could prove undue hardship.
II. When a person declares bankruptcy, s/he inherently faces undue hardship; therefore,
student loans should be included with the rest of the loans that get discharged.
A. There are two kinds of bankruptcy: Chapter 7 liquidation and Chapter 13
reorganization.
B. There is no guarantee that higher education will lead to economic success. In some
cases, borrowers choose to work in less lucrative careers often for the public good.
C. Borrowers may run into unexpected life traumas and should be allowed to discharge
those debts when they have no other recourse.
III. The economy has changed.
A. The earnings of college graduates has declined.
1. The average earnings of full-time workers ages 25 to 34 with no more than a
Bachelors degree fell by 15% to $53,539.
B. The average debt load of all new graduates 24% adjusted for inflation, from 2000
through 2010, to $16,932, says the Progressive Policy Institute.
Proposal for Private and Federal Student Loans to be Dischargeable in Bankruptcy
Change: Private student loans should be dischargeable in bankruptcy because they are dangerous
since they do not have any interest rate limits, limits on fees charged, or limits on the amount of
credit that can be extended. Private student loans should be restored to the way they were before

Debate Guidelines
the 2005 change. Federal student loans should be dischargeable in bankruptcy and the seven year
provision from 1990 should be restored.
Mechanism: Congress would have to change the bankruptcy law regarding student loans back to
the way it was before Title 11, making federal and private student loans dischargeable in
bankruptcy.
Financing: Many older borrowers who have been paying on their loans since they graduated
have already paid more than they have borrowed, so essentially the interest on loans that have
been active for a long time would compensate for the amount that would be forgiven, given the
unlikely chance of bankruptcy.
Enforcement: Enforcing new policies regarding student loan debt would lay in the hands of
private and public borrowers.

Debate Guidelines
Example Policy Opponent Brief
Proposition
Student loan debt should not be dischargeable through bankruptcy.
Definition of Key Terms
Dischargeable As a result of BAPCPA (The Bankruptcy Abuse Prevention and
Consumer Protection Act), the current state of bankruptcy law as it pertains to student
loans is that both private and public student loans are non-dischargeable in personal
bankruptcy absent a showing of undue hardship (CRS Report for Congress, 2007, p. 5).
Bankruptcy liquidating assets to pay...debts or by creating a repayment plan
(Bankruptcy, United States Courts).
Strategy of Opposition

I.

Deny that college graduates are in desperate need of student loan forgiveness.
Argue that students will take advantage of student loan forgiveness by way of hard and
soft fraud.
Use presumption of the value of not forgiving student loan debt in cases of bankruptcy.
Demonstrate the adverse consequences of the advocates proposal.
College graduates directly benefit from post-secondary education.
A. Education entails private benefits.
College graduates experience simple enjoyment...of engaging in a purely
intellectual endeavor for several years and the financial empowerment of
heightened earning potential that attends a post-secondary degree (Pottow, 2006,
p. 256).
B. College graduates become privileged in regards to job prospects and income
levels.
1.
Adults with degrees earn more than those without.
In 2010, young adults with a bachelor's degree earned more than
twice as much as those without a high school diploma or its equivalent in
2010 (i.e., 114 percent more), 50 percent more than young adult High
school completers, and 22 percent more than young adults with an
associate's degree. In 2010, the median of earnings for young adults with a
master's degree or higher was $54,700, some 21 percent more than the
median for young adults with a bachelor's degree (U.S. Department of
Education, National Center for Education Statistics, 2012).
2.
Adults with degrees are more likely to retain or obtain jobs in
times of economic recession.

Debate Guidelines

II.

As of December (2012), the Labor Department's unemployment

rate for workers with a bachelor's degree or higher was 3.9%. Among high
school graduates with no college experience, that rate jumped to 8%,
while 11.7% of workers without a college degree went jobless (Notte,
2013).
C. College students already benefit from grants and subsidized tuition and loans.
Pell grants are being scrutinized because taxpayers now spend more
money on them $36 billion this year (2012), up from $14 billion in 2007
than on entire federal agencies. Almost half of all college students currently
receive some Pell grant assistance, ranging from $555 to $5,550, based on their
financial need (Rotherham, 2012).
Should student loan debt be forgiven in cases of bankruptcy, then students would abuse
the system and commit fraud in order to receive amnesty.
A. Students would commit hard fraud.
[S]tudents intend to take out huge sums of money with no intention
whatsoever, from the ex ante perspective, of ever paying them back (Pottow,
2006, p. 251).
B. Students would commit soft fraud.
Soft fraud entails debt relief at a point in time when her realizable assets
and present income are at their lowest and her debt and future income are at their
highest. Her impecunity is transient and arguable artificial (Pottow, 2006, p.
253).
C. Evidence exists that bankruptcy has been abused in the past, so there is reason to
believe that changing the current law with result in future abuse.
1.
In 2004, consumer bankruptcy filings exceeded 1.6 million for
the first time (Zywicki, 2005, p. 2).
2.
[T]he per capita bankruptcy rate in America has dramatically
risen over time, accelerating in the 1980s and 1990s. The total number of
bankruptcies more than doubled during the 1980s and then doubled again
from 1990 to 2003, such that by 2003 annual consumer bankruptcy filings
were five times higher in 2003 than just twenty year earlier (Zywicki,
2005, p. 3).
3.
Todd Zywicki, a Law professor at George Mason University
School of Law, proposes two explanations for why bankruptcy rates have
risen over the years, and they are not because of a rise in household
financial distress (Zywicki, 2005, p. 13).
a. [A] general decline in the personal shame and social stigma
associated with bankruptcy (p. 14)
i. For example, in an interview on Oprah, Toni Braxton talked
openly about her decision to buy Gucci silverware for
$1,000 closely before she filed for bankruptcy.

Debate Guidelines
b.

III.

[A] change in the relative costs and benefits associated with

filing bankruptcy (p. 14).
c. It is estimated that one-third of the Americans would benefit
financially from filing bankruptcy after engaging in some basic
pre-bankruptcy planning (p. 14).
d. Also, the mass production of bankruptcy petitions by bankruptcy
lawyers have driven down prices for bankruptcy services
(Zywicki, 2005, p. 14).
4.
While the number of bankruptcy filings has decreased between
2010 and 2011, it has still remained high.
During calendar year 2011, 1.3 million bankruptcy petitions were
filed by individuals with predominantly non-business debt. After rising 9
percent in 2010, the number of case filings fell 11 percent in 2011
(AOUSC, 2011, p. 5).
Student loans are different from other loans, and as such, should be treated differently
(CRS Report for Congress, 2007, p. 5).
A. College degrees are awarded only to qualified individuals.
[A] college degree is an asset which should bar debtors from discharging
loans that were used to procure it (p. 5).
B. College graduates are more likely to be able to repay their debts than other types
of loan recipients.
[S]tudent loans recipients are generally younger and will have more
working years to repay their debt (CRS Report for Congress, 2007, p. 5)
C. Students are given numerous options in regards to repayment of loans before
seeking forgiveness.
1.
Students may request to defer payment or request forbearance on
their loans.
During a deferment, you do not need to make payments. Whats
more, depending on the type of loan you have, the federal government
may pay the interest on your loan during a period of deferment. Students
may defer payment during a period of unemployment (for up to three
years) and during periods of economic hardship (up to three years) (Repay
Your Loans).
2.
Students may request to consolidate their loans.
This allows you to consolidate (combine) multiple federal student
loans into one loan. The result is a single monthly payment instead of
multiple payments (Repay Your Loans).
3.
Students are offered flexible repayment plan options.
Although you may select or be assigned a repayment plan when
you first begin repaying your student loan, you can change repayment
plans at any time (Repay Your Loans).

Debate Guidelines
IV.

V.

The advocates proposal fails to recognize the inherent responsibility of the student when
requesting student loans.
A. Students take out loans with the expectation of paying them back.
1.
Internalization: This theory builds on the notion that the recipient
of a private benefit (here, education) should have to bear its cost (here, the
debt for tuition) (Pottow, 2006, p. 256).
2.
Failing to pay debt by filing for bankruptcy is breaking a promise,
and that is immoral (Zywicki, 2005, p. 5).
B. The Federal Student Aid Office of the U.S. Department of Education explicitly
states the expectation of the student to repay his loans.
You must repay a student loan even if your financial circumstances
become difficult. Your student loans cannot be canceled because you didnt get
the education or job you expected, or because you didnt complete your education
(unless you couldnt complete your education because your school closed)
(Repay Your Loans).
Significant adverse consequences will result from discharging student loan debt through
bankruptcy.
A. The federal government will be forced to repay student loan debt, which results in
higher taxes for the nation.
1. The problem with the plan, as with many such debt relief initiatives, is
that the forgiven debt is considered taxable income. Depending on the
amount of forgiveness and the timing that can result in a huge tax bill
(Phillips Erb, 2012).
2. In making a distinction between public and private loans, the reasoning
for not including the publicly funded student loans is that they are backed
by taxpayer dollars; therefore, the borrowers should not be able to
discharge publicly funded debt because, in a sense, they owe the taxpayers
a duty when they are loaned this money in their pursuit of an education
(CRS Report for Congress, 2007, p. 6).
B. When people do not pay their debt by filing for bankruptcy, the rest of the
population must suffer the consequences in various ways:
1.
Higher interest rates
2.
Higher down-payment requirements
3.
Shorter grace periods for paying bills
4.
Higher penalty fees and late-charges for those who miss payments
5.
Fewer benefits to consumers, whether the co-branding benefits
offered by credit cards today or such things as greater customer service or
extended business hours
6.
Retailers raise their prices or close their credit operations.
7.
Hospitals and other medical providers are forced to restrict
services or increase prices still higher to compensate for unpaid medical
debt (Zywicki, 2005, p. 4).

Debate Guidelines
C. The loan borrower will suffer indefinite extreme adverse financial consequences
of declaring bankruptcy.
Bankruptcy could be a trap for young borrowers who unwittingly trade
the appeal of immediate debt relief for an underappreciated cost: a 10-year stain
on their credit profile that makes other borrowing virtually impossible (Hupalo,
2012).
Sources Cited
Administrative Office of the United States Courts. 2011 Report of Statistics Required by the
Bankruptcy Abuse Prevention and Consumer Protection Act of 2005. Washington, D.C.:
2012.

Chen, D. (2007). Student loans in bankruptcy. (Order Code RS22699). Retrieved from Open
CRS: Congressional Research Service Reports for the People at
http://assets.opencrs.com/rpts/RS22699_20070726.pdf

Federal Student Aid. Repay Your Loans. (n.d.). Retrieved from

http://studentaid.ed.gov/repay
loans

Hupalo, John. (2012, December 26). Discharging private student loans is counterproductive.
U.S.
News. Retrieved from
http://www.usnews.com/opinion/articles/2012/12/26/discharging
private-student-loans-is-counterproductive

Notte, Jason. (2013, January 5). Not a college grad? No job recovery for you. MSN moneyNOW.
Retrieved from
http://money.msn.com/now/post.aspx?post=764905d1-b14a-40bd-a254
c3b9719d709d
Phillips Erb, Kelly. (2012, December 22). Americans replace student loan bills with tax bills.

Debate Guidelines
Forbes. Retrieved from
http://www.forbes.com/sites/kellyphillipserb/2012/12/22/americans-replace student-loan
bills-with-tax-bills/

Pottow, J. A. E. (2006). The nondischargeability of student loans in personal bankruptcy

proceedings: the search for a theory. Canadian Business Law Journal, 44(2), 245-278.
Retrieved from http://home.heinonline.org.proxy-um.researchport.umd.edu/

Rotherham, Andrew J. (2012, May 4). How to fix Pell grants. Time. Retrieved from
http://ideas.time.com/2012/05/24/how-to-fix-pell-grants/
United States Courts. Bankruptcy. (n.d.). Retrieved from
http://www.uscourts.gov/FederalCourts/Bankruptcy.aspx

U.S. Department of Education, National Center for Education Statistics. (2012). The Condition
of Education 2012 (NCES 2012045), Indicator 49.

Zywicki, T. (2005). Bankruptcy Reform: Hearing Before the S. Comm.on the Judiciary, 109th
Cong., Feb. 10, 2005 (Statement Todd Zywicki, Visiting Prof. of Law, Geo. U. L.
Center). Georgetown University Law Center. Retrieved from
http://scholarship.law.georgetown.edu/cgi/viewcontent.cgi?article=1016&context=cong

Debate Guidelines

The Debate Checkpoints

You will turn in key components of your debate along the way. Each checkpoint is
worth ten points and contributes to your final debate grade.
DUE:
Friday, February 12th Your topic, stance, and partners. You must write
your thesis and name your three partners and their positions (one person
should argue your position and the two others should oppose your position).
Everyone will turn in a separate sheet of paper, but you will staple your
groups together before turning in.
Friday, February 19th Five main arguments that support your position.
While you can and should include as many arguments that support your
position during your debate as you can, this task requires that you write down
and explain your five most compelling.
Friday, February 26th Your annotated bibliography and evidence. An
annotated bibliography cites your sources and explains why each of them
supports your side. You must cite AT LEAST five reputable sources during your
debate (the more, the better the audience will feel more inclined to believe
you!). For this assignment, you will use APA formatting, though most of you
are probably familiar with MLA. For help with formatting, see the Purdue OWL
website.
Friday, March 4th Refutations of possible counterarguments. You want
to find ways to defend yourself by predicting what the other team will say
about your weaknesses and forcefully responding to their counterarguments.
Friday, March 11th Questions for cross-examination. When you crossexamine the other team, you ask questions that you hope will poke holes in
their arguments and make them look weak to the audience.