Tournament: USC | Round: 1 | Opponent: Cornell MK | Judge: Mike Weitz
Plan: The United States Congress should establish a National Security Court with sole jurisdiction over cases pursuant to Section 1021 of the National Defense Authorization Act for Fiscal Year 2012.
Contention 1 is inherency
D.C. courts are shaping detention policy now but lack of Supreme Court action means detention is here to stay.
Horowitz, J.D. Candidate at Fordham University, ’13 Colby, “CREATING A MORE MEANINGFUL ¶ DETENTION STATUTE: LESSONS LEARNED ¶ FROM HEDGES V. OBAMA”, Fordham Law Review, Vol. 81, 2013, RSR
The Supreme Court has not… substantive detention ¶ law with each decision
The NDAA of 2012 codifies the right of the president to indefinitely detain – expands on the AUMF.
Greenwald, Columnist for the Guardian, ‘11Glenn, “Three myths about the detention bill”, Salon, 12-16-11, http://www.salon.com/2011/12/16/three_myths_about_the_detention_bill/, RSR
Section 1021 of the NDAA governs, as its title says… Security Act of 1950, about which I wrote yesterday.
Contention 2 is terrorism
Indefinite detention leads to terrorism – multiple warrants. First, motivation comparative studies prove that indefinite detention increases the motivation for terrorism and the likelihood of an attack.
Roberts, Associate Professor of Philosophy at East Carolina University, ’11 Rodney, “Utilitarianism and the Morality of Indefinite Detention”, Criminal Justice Ethics, Vol. 30, No. 1, RSR
Finally, ‘‘there is no evidence that preventive detention works… it may increase the likelihood of future attacks.31
Second, distrust – indefinite detention generates resentment that kills effective community cooperation within counter terrorism efforts.
Hathaway, et al, ’13 Oona (Gerard C. and Bernice Latrobe Smith Professor of International Law, Yale Law School); Samuel Adelsberg (J.D. candidate at Yale Law School); Spencer Amdur (J.D. candidate at Yale Law School); Freya Pitts (J.D. candidate at Yale Law School); Philip Levitz (J.D. from Yale Law School); and Sirine Shebaya (J.D. from Yale Law School), “The Power To Detain: Detention of Terrorism Suspects After 9/11”, The Yale Journal of International Law, Vol. 38, 2013, RSR
Legitimacy of the trial process is important not… Department of Defense and the White House.251
Third, signaling – use of indefinite detention hinders allied cooperation over counterterrorism – security experts overwhelmingly vote aff.
Pearlstein, Visiting Research Scholar and Lecturer in Public and International Affairs, WoodrowWilson School of Public and International Affairs, Princeton University, ‘9 Deborah, “WE'RE ALL EXPERTS NOW:¶ A SECURITY CASE AGAINST SECURITY DETENTION”, Case Western Journal of International Law, Vol. 40, 2009, RSR
Particularly in the challenge of counterterrorism detention… a state's strategic¶ counterterrorism plan.
Intelligence cooperation is crucial to quell the threat of terrorism.
Cordesman, Arleigh A. Burke Chair in Strategy at CSIS, ’10 Anthony, “The True Lessons of Yemen and Detroit: How the US Must Expand and Redefine International Cooperation in Fighting Terrorism”, CSIS, 2010, RSR
The second answer is to put even more emphasis… interests would face far more serious threats.
The risk of a nuclear terrorist attack is high – top UN officials concede.
Sturdee, AFP, ‘13
Simon, “UN atomic agency sounds warning on 'nuclear terrorism'”, Fox News, 7-1-13, http://www.foxnews.com/world/2013/07/01/un-atomic-agency-sounds-warning-on-nuclear-terrorism/, RSR
VIENNA (AFP) – The head of the UN atomic agency warned… and are therefore seen as easy to steal.
An attack breaks the nuclear taboo – leads to nuclear war.
Li Bin, director of Arms Control Program at the Institute of International Studies, Tsinghua University, ‘9
The nuclear taboo is a kind of international norm…educe the danger of a nuclear war
Independently, an attack on US soil causes extinction.
Ayson, Professor of Strategic Studies at Oxford, 10 Robert, Director of Strategic Studies: New Zealand, Senior Research Associate with Oxford’s Centre for International Studies. “After a Terrorist Nuclear Attack: Envisaging Catalytic Effects. Studies in Conflict and Terrorism, Volume 33, Issue 7, July 2010, pages 571-593
But these two nuclear worlds—a non-state actor… still meet with a devastating response.
Contention 3 is hegemony
U.S. policies of indefinite detention are damaging U.S. legitimacy abroad
Welsh, J.D. from the University of Utah, ’11 David, currently a doctoral student at the University of Arizona, “Procedural Justice Post-9/11: The Effects of¶ Procedurally Unfair Treatment of Detainees on Perceptions of Global Legitimacy”, 9 U.N.H. L. Rev. 261, March 2011, Lexis, RSR
The Global War on Terror n1 has… perspective of legitimacy in the¶ context of detention.
Legitimacy is needed to maintain Heg
Dr. Yannis A. Stivachtis?(Director, International Studies Program?Virginia Polytechnic Institute and State University) http://www.rieas.gr/research-areas/global-issues/transatlantic-studies/79.html12
In the most general sense,… identities and interests worthy of respect.
Here are more impacts to decline - great-power war, collapses trade and spreads economic nationalism.
Zhang and Shi 11 – Yuhan Zhang, researcher at the Carnegie Endowment for International Peace; Lin Shi, Columbia University, independent consultant for the Eurasia Group and consultant for the World Bank, January 22, 2011, “America’s decline: A harbinger of conflict and rivalry,” East Asia Forum, online: http://www.eastasiaforum.org/2011/01/22/americas-decline-a-harbinger-of-conflict-and-rivalry/
Over the past two decades, no other… be devoid of unrivalled US primacy.
Great power war causes extinction
Chisholm 5 (Paul K. Chisholm, foreign policy and international relations scholar based in Kenya, holds a University Degree in Sociology and Diploma in Human Resources, Terrorism, the Threat in Perspective and Great Power Conflict, Free World Syndicate, April, 2005, http://www.synd.org/opinion-columns-chisholm/terrorism.html)
¶ We've heard much about terrorism… conflicts between nuclear parties.
Hegemony solves extinction---every other alternative fails---retrenchment fosters transitional conflicts
Bradley A. Thayer 6 is an associate professor in the Department of Defense and Strategic Studies, Missouri State University, “In Defense of Primacy,” November/December 2006, Issue 86, National Interest, p.32, EBSCOHost, Accessed Date: 5-7-13 y2k
A grand strategy based on… and the world's--to have it last as long as possible.
Contention 4 is solvency
The national security court solves – preserves national security while providing the appropriate international signal.
Sulmasy, Commander and associate professor of law at the U.S. Coast Guard Academy, ‘6
Glenn, “THE LEGAL LANDSCAPE AFTER HAMDAN:¶ THE CREATION OF HOMELAND SECURITY¶ COURTS”, NEW ENG. J.INT'L and COMP.L., Vol. 13, RSR
Article I judges with law of… requires further elaboration prior to¶ implementation.
Congressional action on detention is the only way to make the executive accountable – empirically proven, the court will back them up and preserves executive flexibility.
Harvard Law Review, ‘12
“RECENT LEGISLATION”, Vol. 125, 2012, RSR
Just as the Commander-in-Chief power is not… choice is wrong does not make it unconstitutional.