Tournament: UNLV | Round: 1 | Opponent: Texas DS | Judge: max bugrov

The perm solves- reflexive anthropocentrism allows us to avoid it’s excesses.

Barry, Director of the Institute of Governance, Public Policy and Social Research at Queens University, ‘99
John, Rethinking Green Politics, p. 7-8
Ecological stewardship, unlike ecocentrism, seeks to emphasize a self-reflexive, long
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developing an appropriate and practicable moral idiom to cover social-environmental interaction.

The aff solves – humans are different in degree, but not kind – recognizing our differences from other forms of life is critical to an appreciation of the cosmos – the active engagement of the 1AC is the most productive way to solve the K, the neg’s cynicism merely reifies our role as ivory tower observers, who must be disengaged unlike other entities

Harman, ‘5
Graham, critically acclaimed Heidegger scholar who spent 10 years reading everything Heidegger wrote even in German, Associate Provost for Research Administration at the American University of Cairo, “Guerrilla Metaphysics: Phenomenology and the Carpentry of Things,” p. 238-241
What must be rejected from the start is the prevailing model of humans as transcending
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the counter-wizard, or to pave the way for him oneself.

Alt fails and turn: Solidifies the human/nature divide by treating humans as uniquely responsible for “observing” the cosmos while other entities can act.

Harman, ‘5
Graham, critically acclaimed Heidegger scholar who spent 10 years reading everything Heidegger wrote even in German, Associate Provost for Research Administration at the American University of Cairo, “Guerrilla Metaphysics: Phenomenology and the Carpentry of Things,” p. 241-245
The theme of representation is one of the recurrent problems of philosophy. Certain special
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and sensual objects lie always and only on the interior of real ones.

Calculations inevitable – their approach obfuscates the way that they calculate.

Barry, lecturer in the Department of Politics at Keele University, ‘99
John, Rethinking Green Politics, p. 45-46
The distinction between moral agents and subjects or patients is at the heart of moral
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other is thus irrespective of the possession of capacities, as argued later.

TURN – Dissolving the divide between humans and nature makes their impacts inevitable

Barry, lecturer in the Department of Politics at Keele University, ‘99
John, Rethinking Green Politics, p. 53
Ironically, although environmental philosophers have traditionally urged us to recognize the. continuities between
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we set ourselves off from the rest of nature (Williams, 1992))

Human centeredness does not cause destruction of minority cultures or peoples

Lee, Philosophy Professor at Bloomsburg, ‘9
Wendy, Spring, “Restoring Human-Centerednes to Environmental Conscience: The Ecocentrist's Dilemma, the Role of Heterosexualized Anthropomorphizing, and the Significance of Language to Ecological Feminism” Ethics and the Environment, Vol 14 No 1, Project Muse
Second, then, is that however indigenous, no necessary implications for ethnicity,
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of human consciousness, the ways in which we realize it is not.

Imagining dystopian outcomes allow us to transfer socio-political practices to resolve questions of structural violence.

Kurasawa, Professor of Sociology at York University of Toronto, ‘4
Fuyuki, Constellations, Vol. 11, Issue 4, JL
Rather than bemoaning the contemporary preeminence of a dystopian imaginary, I am claiming that
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to public deliberation about the construction of an alternative world order (IV).

Tournament: Harvard | Round: 2 | Opponent: Oklahoma CL | Judge: Bill Smelko

Tying our individual objections to congressional action is the only way to check presidential tyranny

Kleinerman, Ph.D. in Political Science from Michigan State University, 2009 Benjamin, The Discretionary President: The Promise and Peril of Executive Power, p. 10-11

If the people were sufficiently vigilant against the abuse of executive discretion, it would
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to make the case strongly if they decide to ignore the Constitution's dictate.¶ 

Institutions are inevitable – have to work through them in order to solve the impacts of the kritik

Wight – Professor of IR @ University of Sydney – 6
(Colin, Agents, Structures and International Relations: Politics as Ontology, pgs. 48-50
One important aspect of this relational ontology is that these relations constitute our identity as
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upon it, upon its specific characteristics, its constants and its variables’.

Policy debate is good for education, the development of empathy, and producing real world engagement from participants.  Clear rules, a stable topic, and institutional role playing and simulation are integral to the process.  The things you criticize about debate make it a unique exercise in active learning.

Lantis 8 (Jeffrey S. Lantis is Professor in the Department of Political Science and Chair of the International Relations Program at The College of Wooster, “The State of the Active Teaching and Learning Literature”, http://www.isacompss.com/info/samples/ thestateoftheactiveteachingandlearningliterature_sample.pdf)

Simulations, games, and role-play represent a third important set of active
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topic, the development of empathy, and acquisition and retention of  knowledge.

Perm: do both

The permutation solves best. An intersectional approach towards race and the fear of Islam incorporates the historical legacy of racism while understanding the particularities of contemporary racism.

Naber, Women’s Studies Professor at the University of Michigan, ‘8
Nadine, “"Look, Mohammed the Terrorist Is Coming!" Cultural Racism, Nation-Based Racism, and the Intersectionality of Oppressions after 9/11”, The Scholar and Feminist Online, Issue 6, No. 3, Summer 2008, RSR
In response to the post-September 11th backlash, the category "Arab,
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conceptualizations of race and racism in a post-9/11 environment.

A policy focus is key to challenge structures of white supremacy.

Themba-Nixon 2k, Executive Director of The Praxis Project, a nonprofit organization helping communities use media and policy advocacy
Makani, July 31, Colorlines, Changing the Rules:  What Public Policy Means for Organizing, Vol 3.2)
 “This is all about policy," a woman complained to me in a
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communities. Of course, policy work is just one tool in our box

Exclusive focus on racial groups are bad – only the permutation allows for an integration of perspective that’s key to solve oppression.

Ogbuagu, Professor in Social Work at the University of Saint Francis, ‘13
Buster, “Constructing America’s “New Blacks:” Post 9/11 Social Policies and their Impacts on and Implications for the Lived Experiences of Muslims, Arabs and “Others””,  Mediterranean Journal of Social Sciences, Vol 4, Issue 1, January 2013, RSR
8.3. Patience and Resilience The current construction of “New Blacks”
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mainstreamed when other events may necessitate America’s construction of other “New Blacks”.

Focusing upon the traumatic elements of black subjectivity denies the agency present within black attempts at thwarting white supremacy and domination. Specifically, this prevents them from resolving issues of indefinite detention that is promoted by structures constituted by whiteness.

Walker 12 (Tracey, Graduate of Psychosocial Studies at Birbeck University of London, Graduate Journal of Social Science July 2012, Vol. 9, Issue 2, " The Future of Slavery: From Cultural Trauma to Ethical Remembrance" http://gjss.org/images/stories/volumes/9/2/Walker20Article.pdf)

To argue that there is more to the popular conception of slaves as victims who
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relation with our ancestors who lived and survived in the time of slavery. 

Combatting the fear of Islam is necessary to reject the ideology used to justify Colonialism, where people who practice non-Christian religions are deemed racially inferior

Grosfoguel and Mielants 6 (Ramón Grosfoguel, University of California - Berkeley, and Eric Mielants, Fairfield University, The Long-Durée Entanglement Between Islamophobia and Racism in the Modern/Colonial Capitalist/Patriarchal World-System: An Introduction, Human Architecture: Journal of the Sociology of Self-Knowledge: Vol. 5:Iss. 1, Article 2., 23 September 2006, http://scholarworks.umb.edu/humanarchitecture/vol5/iss1/2, da 10-12-13) PC

The challenge for our topic is to answer¶ how it was possible that a
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Christian religion and being racialized as¶ an inferior human became increasingly erased.

The aff is a necessary first step – combatting racist indefinite detention policies is essential to break down the hegemonic ideology that justifies colonialism and genocide

Hudson 10 (Adam Hudson, Imperialism, Islamophobia, and Torture, Stanford Progressive, published October 2010, http://www.stanford.edu/group/progressive/cgi-bin/?p=893, da 10-13-13) PC

During the Nuremberg Trials, the chief American prosecutor, Robert H. Jackson,
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-mile journey begins with one step. Let’s make that first step.

Claiming Whiteness structures all relations with the Middle East erases the complex multi-racial history of the US. In particular, it denies African-American connections to the Arab world, designed to challenge US nationalism

McAlister 1 Associate Professor of American Studies and International Affairs George Washington University, Melani, Epic Encounters: Culture, Media and U. S. Interests in the Middle East, 1945-2000. Berkeley, CA, USA: University of California Press, p. 11

Two factors in particular have complicated Orientalism in the United States. First, the
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as was generally the case, whiteness was privileged in discourses of Americanness.

Engaging the public in policy debates is key to breaking down exclusionary boundaries

Eden 96 (Sally Eden, Public participation in environmental policy: considering  scienti?c, counter-scienti?c and non-scienti?c contributions, Public Understanding of Science July 1996 vol. 5 no. 3 183-204, http://pus.sagepub.com/content/5/3/183.full.pdf+html) JD

Having demonstrated that public involvement is called for in environmental policy but that  policy formulation
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which initiates this  dialogue (and presumably remains the more powerful participant).  59

Pretending to be policy-makers has defiant performative possibilities that open spaces for resistance to bureaucracy and critical alternatives.

Kulynych, ‘97
(Winthrop University, Winter, Polity, pg. 344-5)
Although citizens were minimally successful in influencing or controlling the outcome of the policy debate
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current cultural imagery.  These performances provide the resource for diversity and spontaneity.

Debating the law teaches us how to make it better – rejection is worse.

Hedrick, Assistant Professor of Philosophy at Michigan State University, ‘12
Todd, Sept 2012, Democratic Constitutionalism as Mediation: The Decline and Recovery of an Idea in Critical Social Theory, Constellations  Volume 19, Issue 3, pages 382–400
¶ Habermas’ alleged abandonment of immanent critique, however, is belied by the role
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, without the triumphalist pretension of ever being able to fully do so.

Tournament: UNLV | Round: 1 | Opponent: Texas DS | Judge: max bugrov

Permutation do both.

Links to politics – immense opposition to bypassing debate

Hallowell 13
(Billy Hallowell, writer for The Blaze, B.A. in journalism and broadcasting from the College of Mount Saint Vincent in Riverdale, New York and an M.S. in social research from Hunter College in Manhattan, “HERE’S HOW OBAMA IS USING EXECUTIVE POWER TO BYPASS LEGISLATIVE PROCESS” Feb. 11, 2013, http://www.theblaze.com/stories/2013/02/11/heres-how-obamas-using-executive-power-to-bylass-legislative-process-plus-a-brief-history-of-executive-orders/, KB)
“In an era of polarized parties and a fragmented Congress, the opportunities to
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a partisan content, with contemporary complaints coming from the incumbent president’s opponents.”

Court Creation DA – The executive cannot create a national security court, only Congress is vested with this power.

Schuck, Lecturer at Yale Law School, ‘4
Peter, “Terrorism Cases Demand New Hybrid Courts”, LA Times, 7-9-2004,
http://articles.latimes.com/2004/jul/09/opinion/oe-schuck9, RSR
The Supreme Court in its recent rulings has given U.S. citizens who
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the armed forces, including the initial design of hearings for the prisoners.

Rollback DA - Future presidents prevent solvency

Harvard Law Review 12,
"Developments in the Law: Presidential Authority," Vol. 125:2057, www.harvardlawreview.org/media/pdf/vol125_devo.pdf
The recent history of signing statements demonstrates how public opinion can effectively check presidential expansions
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practices. 147 Only time, and perhaps public opinion, will tell.

Credibility DA - Multiple branch involvement is key to credibility, meaning only the plan can solve our internal links.

Wittes and Gitenstein, ‘7
Benjamin (Senior Fellow in Governance Studies at the Brookings Institution, where he is the Research Director in Public Law, and Co-Director of the Harvard Law School - Brookings Project on Law and Security) and Mark (non-resident senior fellow at the Brookings Institution), “A Legal Framework for Detaining Terrorists: Enact a Law to End the Clash over Rights”, Opportunity 8, The Brookings Institution, RSR
The paradox is that, precisely because terrorists flout the rules of warfare and make
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conventional ¶ military conflict or the process applied to detainees today at Guantanamo.

Tournament: UNLV | Round: 1 | Opponent: Texas DS | Judge: max bugrov

Focusing on statism and security is key to real world change.

Buzan 4 (Barry , December,  Montague Burton Prof. of International Relations @ the London School of Economics and honorary prof. @ the University of Copenhagen, "Realism vs. Cosmopolitanism" http://www.polity.co.uk/global/realism-vs-cosmopolitanism.asp
A.Mc.: But would not a realist response be that the very issues
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at the moment the state is still an important player in the game.

Perm solves – Scenario Planning is consistent with complexity theory.

Kavalski, University of Alberta, ‘7
Emilian, “The fifth debate and the emergence of complex international relations theory: notes on the application of complexity theory to the study of international life,” Cambridge Review of International Affairs, v. 20 n. 3, September
In a further examination of the cognitive perspective, some proponents of CIR theory have
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and uncertainty straight in the face’ (Smith and Jenks 2006, 4). 

Even if predictions aren’t perfect acting on relative confidence of scenarios materializing is good-~--the alt is etiher political paralysis or pure reaction.

Ulfelder, Research Director for the Political Instability Task Force at Science Applications International Cooperation, ‘11
Jay, “Why Political Instability Forecasts Are Less Precise Than We’d Like (and Why It’s Still Worth Doing)" May 5 dartthrowingchimp.wordpress.com/2011/05/05/why-political-instability-forecasts-are-less-precise-than-wed-like-and-why-its-still-worth-doing/
If this is the best we can do, then what’s the point? Well
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or preparation stand a decent chance of making a (positive) difference. 

Turn: Our scenario-evaluations are crucial for ethically responsible politics.  Theoretical kritik is insufficient—we need realistic as if stories to generate changes in practice.

Williams, Professor of International Politics at the University of Wales at Aberystwyth, ‘5
Michael, The Realist Tradition and the Limits of International Relations, p. 165-167
Moreover, the links between sceptical realism and prevalent post-modern themes go more
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addressed by retreating yet again into further reversals of the same old dicohotomies.

Rational planning is better than any alternative because it uses external evidence as a check on dishonest and violent ideology. Instead we should seek to improve planning through new voices and perspectives.

Lynn, Sid Richardson Research Professor in the LBJ School of Public Affairs at UT Austin, ‘99
Laurence, Journal of Policy Analysis and Management, ““A Place at the Table: Policy Analysis, Its Postpositive Critics, and the Future of Practice”, 18:3, GZ
Policy analysis, says Torgerson,  is "haunted"  by its original "dream
AND
"  and will "make  their humanity  apparent"  (p. 51).  

Our scenario planning is an essential part of the creative process that is called for by complexity and is essential to communication and mobilizing collective action while disrupting deterministic thinking.

McDaniel, et. al, ‘3
Reuben (Charles and Elizabeth Prothro Regents Chair in Health Care Management, McCombs School of Business, The University of Texas at Austin); Michelle Jordan (Elementary School Teacher, Blanton Elementary School, Austin Independent School District, Austin, Texas); and Brigitte Fleeman (Research Associate, Department of Educational Psychology, The University of Texas at Austin), “Surprise, Surprise, Surprise! A Complexity Science View of the Unexpected” Health Care Management Review, July/Sept 2003, RSR
Scenario planning often is used to whittle down possible futures to the most likely,
AND
blinders to creativity and resourcefulness are lifted."66(p.71)

Tournament: UNLV | Round: 1 | Opponent: Texas DS | Judge: max bugrov

Status quo detention policy violates separation of powers – plan solves by reinstituting judicial review.

Chemerinsky, Alston and Bird Professor of Law, Duke University School of Law, ‘5
Erwin, “Enemy Combatants and Separation of Powers”, Journal of National Security Law and Policy, Vol. 1, 2005, RSR

From the perspective of these cases, the President’s action in detaining¶ individuals as
AND
enemy combatants is that it¶ obliterates any notion of checks and balances.

Separation of powers key to the economy

Stevenson 5 (Dru Stevenson, Assistant Professor, South Texas College of Law (Houston), March 2005, Cardozo Law Review, 26 Cardozo L. Rev. 1535)

This is similar, of course, to the argument in the Federalist Papers for
AND
individual abuses¶ typically envisioned in the checks-and-balances discussions. 

Economic collapse causes global nuclear war.

Friedberg and Schoenfeld, ‘8 (Aaron Prof. Politics. And IR @ Princeton’s Woodrow Wilson School and Visiting Scholar @ Witherspoon Institute, and Gabriel, Senior Editor of Commentary and Wall Street Journal, “The Dangers of a Diminished America”,
http://online.wsj.com/article/SB122455074012352571.html)

Then there are the dolorous consequences of a potential collapse of the world's financial architecture
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of these countries seek to divert attention from internal travails with external adventures.

Tournament: UNLV | Round: 1 | Opponent: Texas DS | Judge: max bugrov

A. We meet –

1. Indefinite detention without trial will no longer exist.  The aff will result in trials for covered persons, limiting Obama's ability to detain presumed terrorists without trial. 1AC Sulmasy.

2. Decreasing authority requires reducing the permission to act, not the ability to act.

Taylor 96  Attorney at Gambrell and Stolz, LLP, Atlanta (Ellen, 21 Del. J. Corp. L. 870 (1996), Hein Online)
The term authority is commonly thought of in the context of the law of agency
AND
is between what the agent can do and what the agent may do.

B. Counter Interpretation:

1. Restriction means a statute that limits activity

Law.com Dictionary, no date (accessed 08-06-09)
http://dictionary.law.com/Default.aspx?selected=1835andbold=restrict
restriction n. any limitation on activity, by statute, regulation or contract provision
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and property which are recorded and incorporated into the title of each owner. 

2. Review is restriction

Rice and Saul 2002 Paul, professor of law at the Washington College of Law at American University, and Benjamin, law clerk for the Honorable Judge Steadman, “Is the war on terror a war on attorney-client privilege?, Criminal Justice, Summer, p. 23
The second option would be to suppress everything. Suppression may be the most appropriate
AND
believes such monitoring may result in leads that may prevent future terrorist acts.

Tournament: Gonzaga | Round: 1 | Opponent: Whitman DM | Judge: Michael Eisenstadt

1AC - Gonzaga

Plan Text

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.

Inherency

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 decided the merits of a detention case since ¶ Boumediene
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their significant role in shaping substantive detention ¶ law with each decision.151

The NDAA of 2012 codifies the right of the president to indefinitely detain – expands on the AUMF.

Greenwald, Columnist for the Guardian, ’11
~Glenn, "Three myths about the detention bill", Salon, 12-16-11,
http://www.salon.com/2011/12/16/three_myths_about_the_detention_bill/-http://www.salon.com/2011/12/16/three_myths_about_the_detention_bill/, RSR~

Section 1021 of the NDAA governs, as its title says, "Authority of
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McCarthy era Internal Security Act of 1950, about which I wrote yesterday.

Terrorism

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. Comparative studies of
AND
can be selfdefeating*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 only to the individuals   charged but also
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in recent statements from the   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, Woodrow
Wilson 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 policy,¶ the United States has had to
AND
disposition of fissile material is central to 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 on international cooperation in   counterterrorism.
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of our global economic and strategic interests would face   far more serious threats.

High risk of nuke terror - an attack results in global war and extinction.

Dvorkin, Major General (retired), doctor of technical sciences, professor, and senior fellow at the Center for International Security of the Institute of World Economy and International Relations of the Russian Academy of Sciences, ’12
~Vladimir, The Center participates in the working group of the U.S.-Russia Initiative to Prevent Nuclear Terrorism, 9/21/12, "What Can Destroy Strategic Stability: Nuclear Terrorism is a Real Threat," belfercenter.ksg.harvard.edu/publication/22333/what_can_destroy_strategic_stability.html~

Hundreds of scientific papers and reports have been published on nuclear terrorism. International conferences
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a common understanding of these threats and develop a strategy to combat them.

Independently, an attack breaks the nuclear taboo – leads to nuclear war.

Bin, director of Arms Control Program at the Institute of International Studies, Tsinghua University, ’9
~5-22-09 About the Authors  Prof. Li Bin is a leading Chinese expert on arms control and is currently the director of Arms  Control Program at the Institute of International Studies, Tsinghua University.  He received his  Bachelor and Master Degrees in Physics from Peking University before joining China Academy  of Engineering Physics (CAEP) to pursue a doctorate in the technical aspects of arms control. He  served as a part-time assistant on arms control for the Committee of Science, Technology and  Industry for National Defense (COSTIND).Upon graduation Dr. Li entered the Institute of  Applied Physics and Computational Mathematics (IAPCM) as a research fellow and joined the  COSTIND technical group supporting Chinese negotiation team on Comprehensive Test Ban  Treaty (CTBT).  He attended the final round of CTBT negotiations as a technical advisor to the  Chinese negotiating team. Nie Hongyi is an officer in the People’s Liberation Army with an MA from China’s National  Defense University and a Ph.D. in International Studies from Tsinghua University, which he  completed in 2009 under Prof. Li Bin~

The nuclear taboo is a kind of international norm and this type of norm is
AND
problem, avoid miscalculation and  thereby reduce the danger of a nuclear war. 

Leadership

Contention 3 is Leadership

First, indefinite detention hurts U.S. diplomatic power in championing human rights – empirics prove.

Chaffee, Advocacy Counsel at Human Rights First, ’9
~Devon, "THE COST OF INDEFINITELY KICKING THE CAN: WHY CONTINUED¶ "PROLONGED" DETENTION IS NO SOLUTION TO GUANTANAMO", Case Western Journal of International Law, Vol. 42, 2009, RSR~

The world is watching to see whether the Obama administration fulfills¶ its promise to
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.S. diplomatic power and ability¶ to champion human rights abroad.

====No alt causes – detention is the biggest internal link to credibility loss.====
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 been ideologically framed as a struggle between the
AND
article offers a psychological perspective of legitimacy in the¶ context of detention.

U.S. leadership is essential to promoting global protection of human rights.

Roth, Director of Human Rights Watch, ’9
~Kenneth, Human Rights Watch World Report 2009, Introduction by Kenneth Roth,
http://www.hrw.org/en/world-report-2009/taking-back-initiative-human-rights-spoilers-http://www.hrw.org/en/world-report-2009/taking-back-initiative-human-rights-spoilers~~

The US and the EU are not the only ones promoting human rights abroad.
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to the discretion of each government, and violations carried little international cost. 

Human rights protection prevents extinction

Annas et al 2 Edward R. Utley Prof. and Chair Health Law @ Boston U. School of Public Health and Prof. SocioMedical Sciences and Community Science @ Boston U. School of Medicine and Prof. Law @ Boston U. School of Law ~George, Lori Andrews, (Distinguished Prof. Law @ Chicago-Kent College of Law and Dir. Institute for Science, Law, and Technology @ Illinois Institute Tech), and Rosario M. Isasa, (Health Law and Biotethics Fellow @ Health Law Dept. of Boston U. School of Public Health), American Journal of Law 26 Medicine, "THE GENETICS REVOLUTION: CONFLICTS, CHALLENGES AND CONUNDRA: ARTICLE: Protecting the Endangered Human: Toward an International Treaty Prohibiting Cloning and Inheritable Alterations", 28 Am. J. L. and Med. 151, L/N~

The development of the atomic bomb not only presented to the world for the first
AND
event. But no such necessity currently exists or is on the horizon.

Human right deficits fuels authoritarian crackdowns in Russia—-destroys US-Russia engagement.

Mendelson, director, Human Rights and Security Initiative, CSIS, ’9
~Sarah, "U.S.-Russian Relations and the Democracy and Rule of Law Deficit" tcf.org/assets/downloads/tcf-russiarelations.pdf, DOA: 7-23-13, y2k~

Since the collapse of the Soviet Union in 1991, every U.S.
AND
values and undercutting (yet again) U.S. soft power.

Continued human rights violations risk a Russian revolution.

Ullman, Senior Advisor at the Atlantic Council, ’13
~Harlan, "The Third Russian Revolution," UPI, 6—12—13, www.upi.com/Top_News/Analysis/Outside-View/2013/06/12/Outside-View-The-third-Russian-Revolution/UPI-84461371009900/~

Make no mistake: On the current trajectory, Russia won’t be immune to many
AND
Syria and Iran are two major crises where Russian support could be important. 

That causes miscalculation and nuclear war

Pry, Former US Intelligence Operative, ’99
~Peter Vincent, War Scare:  U.S.-Russia on the Nuclear Brink, netlibrary~

Russian internal troubles—such as a leadership crisis, coup, or civil war
AND
Russian affairs, with the West ignorant that it was in grave peril.

US-Russia relations key to solve extinction.

Allison, Director of the Belfer Center for Science and International Affairs at Harvard’s Kennedy School of Government, ’11
~Graham, 10-30-11, "10 reasons why Russia still matters," http://dyn.politico.com/printstory.cfm?uuid=161EF282-72F9-4D48-8B9C-C5B3396CA0E6-http://dyn.politico.com/printstory.cfm?uuid=161EF282-72F9-4D48-8B9C-C5B3396CA0E6~~

That central point is that Russia matters a great deal to a U.S
AND
Tehran to joining China in preventing U.N. Security Council resolutions.

Plan solves – removes the stigma from GITMO and is modeled globally.

Kimery, Homeland Security Today’s Online Editor and Online Media Division manager, ’9
~Anthony, draws on 30 years of experience and extensive contacts as he investigates homeland security, counterterrorism and border security, citing Glenn Sulmasy, first permanent commissioned military law professor at the Coast Guard Academy, where he is a Professor of Law teaching international, constitutional, and criminal law, "The Case For A ’National Security Court’", December 3, www.hstoday.us/blogs/the-kimery-report/blog/the-case-for-a-national-security-court/a9333d82c11cecd35e74c8c0b65c2698.html-http://www.hstoday.us/blogs/the-kimery-report/blog/the-case-for-a-national-security-court/a9333d82c11cecd35e74c8c0b65c2698.html~~

However, in interviews with HSToday.us, Sulmasy argued that "we have
AND
, however, we need to look at fresh options," Sulmasy said. 

Second, blanket indefinite detention violates the Geneva Convention – doesn’t differentiate between types of combatants nor the different durations of conflict.

Murphy, Law Professor at George Washington University Law School, ’7
~Sean, "Evolving Geneva Convention Paradigms in the¶ ’War on Terrorism’: Applying the Core Rules to the¶ Release of Persons Deemed ’Unprivileged¶ Combatants’", GW Law Faculty Publications 26 Other Works, 2007, RSR~

The general assertion that all detainees at Guantánamo Bay may be detained for the "
AND
soon as the reasons which necessitated his¶ internment no longer exist."143

Adapting to the public conscience regarding international law is necessary to regain US credibility of compliance.

Murphy, Law Professor at George Washington University Law School, ’7
~Sean, "Evolving Geneva Convention Paradigms in the¶ ’War on Terrorism’: Applying the Core Rules to the¶ Release of Persons Deemed ’Unprivileged¶ Combatants’", GW Law Faculty Publications 26 Other Works, 2007, RSR~

The dominant paradigms of the 1949 Geneva Conventions, which concern either inter-state
AND
of persons deemed not to be a threat is unlawful and¶ unconscionable.

Failure of the U.S. to adhere to the Geneva Conventions undermines the entire Geneva regime

Beard, Lecturer at UCLA 7
~Jack, former Deputy General Counsel at the D.o.D., "The Geneva Boomerang: The Military Commissions Act of 2006 And US Counterterror operations," The American Journal of International Law, KM~

At a fundamental level, unilateral revision of the Geneva Conventions by the United States
AND
that other countries are unlikely to maintain the stringency of their own commitments.

The Geneva Conventions are key to prevent the development and use of chemical and biological weapons.

GCSP 5
~Geneva Centre for Security Policy, "Biological and Chemical Weapons Seminar," June 2005, http://www.gcsp.ch/e/meetings/Security_Challenges/WMD/Meeting_Conf/2005/BC20Weapons20Seminar/summary.htm-http://www.gcsp.ch/e/meetings/Security_Challenges/WMD/Meeting_Conf/2005/BC Weapons Seminar/summary.htm, KM~

On 9-10 June 2005, the GCSP hosted an international seminar initiated by
AND
use but also the production and possession of both chemical and biological weapons.

Bioweapons cause extinction – new advances in biotech take out your defense.

Myhrvold, former Chief Technology Officer at Microsoft, ’13
~Nathan, -founder of Intellectual Ventures—one of the largest patent holding companies in the world, "Strategic Terrorism: A Call to Action", The Lawfare Research Paper Series  Research paper NO . 2, http://www.lawfareblog.com/wp-content/uploads/2013/07/Strategic-Terrorism-Myhrvold-7-3-2013.pdf~~
Biotechnology is advancing so rapidly that it is hard to  keep track of all the
AND
cause compares with that of other calamities  that the human race has faced.

The plan solves – the creation of a national security court would solve US perception of compliance with international law.

McCarthy and Velshi, ’9
~Andrew (Director of the Center for Law 26 Counterterrorism at the Foundation for the Defense of Democracies) and Alykhan (staff attorney at the Center for Law 26 Counterterrorism, where he focuses on the international law of armed conflict and the use of force), "We Need a National Security Court", Submission for AEI, 2009, RSR~

To be clear, this is not to suggest that the United States has not
AND
most part, inaccurately and ¶ unfairly – for the past five year.

The creation of a national security court would meet the tribunal requirement of the Geneva Convention - allows for oversight process to review the individual circumstances of each detention.

McCarthy and Velshi, ’9
~Andrew (Director of the Center for Law 26 Counterterrorism at the Foundation for the Defense of Democracies) and Alykhan (staff attorney at the Center for Law 26 Counterterrorism, where he focuses on the international law of armed conflict and the use of force), "We Need a National Security Court", Submission for AEI, 2009, RSR~

The NSC would oversee a new process for ¶ monitoring and reviewing the detention of
AND
their home countries (or in countries where they have committed crimes). ¶

Solvency

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 26 COMP.L., Vol. 13, RSR~

Article I judges with law of armed conflict expertise would proceed¶ over the trials
AND
¶ colleagues, this proposal certainly 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 preclusive with respect to
AND
Just because a congressional policy choice is wrong does not make it unconstitutional.

Tournament: Gonzaga | Round: 5 | Opponent: Puget Sound CQ | Judge: Omar Guevara

NSC Critical 1AC

1AC

Plan

Plan: The United States Federal Government should establish a National Security Court with jurisdiction over cases pursuant to Section 1021 of the National Defense Authorization Act for Fiscal Year 2012.

Fear of Islam

Contention One: Fear of Islam

The upsurge of Anti-Muslim rhetoric threatens to turn the political sphere into an echo chamber of racism, sacrificing any remaining semblance of critical thought on the altar of bipartisanship.

Giroux 11 
~Henry A. Giroux, Global TV Network Chair in English and Cultural Studies at McMaster University, formerly Boston University, Miami University, Penn State University, "Breivik’s Fundamentalist War on Politics, and Ours," August 3, http://www.truth-out.org/breiviks-fundamentalist-war-politics-and-ours/1312390288-http://www.truth-out.org/breiviks-fundamentalist-war-politics-and-ours/1312390288~~

The tragic slayings in Norway raise anew serious questions about domestic terrorism and its roots
AND
can flourish, politics becomes a noble practice and democracy has a future. 

This is evident in status quo detention policy. Indefinite detention represents an attempt to single out, debase and eradicate Muslim culture.

Elver, Research Professor of Global Studies at the University of California Santa Barbara, ’12
~Hilal, "Racializing Islam Before and After 9/11: From Melting Pot to Islamophobia", TRANSNATIONAL LAW 26 CONTEMPORARY PROBLEMS, Vol. 21, Spring 2012, RSR~

The combination of prolonged illegal detention, a new interpretation of ¶ torture, and
AND
abundant evidence that racial ¶ subordination of the Iraqi people was common knowledge. 

Our detention policy is founded upon the basis of racial profiling. It creates a perpetual security state that dehumanizes the Brown Other.

Butler, Maxine Elliot Professor of Rhetoric and Comparative Literature at the University of California at Berkeley, ’3
~Judith, "INDEFINITE DETENTION", La Rivista del Manifesto, Numero 35, 2003, RSR~

The license to brand and categorize and detain on the basis of suspicion alone,
AND
photos released by the Department of Defense of the shackled bodies in Guantanamo.

The lack of legal protections risks of a repeat of Korematsu. Detention risks racialized dehumanization outside the sphere of law.

Muller, George R. Ward Professor of Law, University of North Carolina School of Law, ’3
~Eric, "Inference or Impact? ¶ Racial Profiling and the Internment’s ¶ True Legacy", Ohio State Journal of Criminal Law, Vol. 1, 2003, RSR~

On the other hand, however, there are plenty of reasons to worry that
AND
the firebreaks in the ¶ legal landscape that were supposed to control it. 

Muslim Otherization creates a dyad between the faiths, making global war inevitable.

Batur, Professor of Sociology and Director of Environmental Studies at Vassar College, ’7
~Pinar, "Heart of Violence: Global Racism, War, and Genocide", Handbook of the Sociology of Racial and Ethnic Relations, 2007, RSR~

Albert Memmi argued that "We have no idea what the colonized would have been
AND
do, but because of who they are and what they believe in."

The way we frame the Other is a pre-condition to all violence.

Collins and Glover, 2002 
~John Collins, Ass. Prof. of Global Studies at St. Lawrence, and Ross Glover, Visiting Professor of Sociology at St. Lawrence University, 2002, Collateral Language, p. 6-7, The Real Effects of Language~

As any university student knows, theories about the "social con¬struction" and social
AND
less likely to avert our mental gaze from the physical effects of violence.

Solvency

Contention Two: Solvency

The national security court would ensure defendants’ rights and solve status quo abuse.

Sulmasy, Commander and associate professor of law at the U.S. Coast Guard Academy, ’10
~Glenn, "Create a Hybrid Court", 11-18-10, The New York Times,
http://www.nytimes.com/roomfordebate/2010/11/18/prosecuting-terrorists-in-federal-court/create-a-hybrid-court-http://www.nytimes.com/roomfordebate/2010/11/18/prosecuting-terrorists-in-federal-court/create-a-hybrid-court, RSR~

A National Security Court System (as part of a broader FISA court) would
AND
to create a new system to prosecute fighters in this kind of conflict.

Combating fear of Islam requires access to the political sphere – prevents the right wing takeover of the status quo.

Yazdiha, PhD in Sociology at the University of North Carolina, ’13
~Haj, "Law as Movement Strategy: How the¶ Islamophobia Movement Institutionalizes¶ Fear Through Legislation", Social Movement Studies, 2013, RSR~

First, the successful use of law as strategy brings Islamophobia into an elite political
AND
which movements can build and¶ through which related movements can be framed.

The law can help people —- reformism is empirically more successful than revolutionary withdrawal.

Kazin, Professor of History at Georgetown University, ’11
~Michael, Has the US Left Made a Difference, Dissent Spring p. 52-54~

But when political radicals made a big difference, they generally did so as decidedly
AND
…are too much to live up to and too much to escape." 

The aff’s discursive act successfully breaks down myths regarding Islam. This makes peaceful coexistence possible.

Nimer, Professor at the American University School of International Service in International Peace and Conflict Resolution , ’7
~Mohamed, "Breaking the Vicious Cycle of Islamophobia and Anti-Americanism", PRINCE ALWALEED BIN TALAL¶ CENTER FOR MUSLIM-CHRISTIAN UNDERSTANDING¶ GEORGETOWN UNIVERSITY, Islamophobia and the Challenges of Pluralism  in the 21st Century, 2007, RSR~

Dialogue for the purpose of exposing myths and forging a common understanding is a must
AND
future. Within this framework, various sub-discourses may prove fruitful. 

We must reject complicity with racism – no instance is too small.

Barndt 91
~Joseph. NYC pastor and author, "Crossroads; Dismantling Racism" p. 219, date accessed: 7/8/2010~ AJK

To study racism is to study walls. We have looked at barriers and
AND
time to tear down once and for all, the walls of racism.

Our commitment to social justice can transform foreign policy - viewing the identity of the state as static abandons a critical opportunity to challenge domination

Schwedler et. al 11
~Jillian Schwedler teaches political science at the University of Massachusetts, Amherst Josh Stacher is an assistant professor of political science at Kent State University  Stacey Philbrick Yadav is the coordinator of the Middle Eastern Studies program and Assistant Professor of Political Science at Hobart and William Smith Colleges Jadaliyya June 10 http://www.jadaliyya.com/pages/index/1826/three-powerfully-wrong_and-wrongly-powerful_americ~~

We can expect that Islamists are likely to point out the inconsistencies in our policies
AND
do more to show our support for what they have come to represent.

State engagement is a good method —— refusal to engage in the methodical politics of democratic citizenship makes every impact inevitable.

Dietz, Professor of Political Science and Gender Studies Program at Northwestern University, ’94
~Mary, "’THE SLOW BORING OF HARD BOARDS’: METHODICAL THINKING AND THE WORK OF POLITICS", American Political Science Review, Vol. 88, No. 4 December 1994, http://www.jstor.org/stable/pdfplus/2082713.pdf-http://www.jstor.org/stable/pdfplus/2082713.pdf~~

Earlier, in considering the means-end category in politics, I suggested that
AND
Management (to borrow Simone Weil’s prescient phrase)" (1978, 146). 

Tying our individual objections to congressional action is the only way to check presidential tyranny

Kleinerman, Ph.D. in Political Science from Michigan State University, 2009 ~Benjamin, The Discretionary President: The Promise and Peril of Executive Power, p. 10-11~

If the people were sufficiently vigilant against the abuse of executive discretion, it would
AND
to make the case strongly if they decide to ignore the Constitution’s dictate.¶

Tournament: UNLV | Round: 1 | Opponent: Texas DS | Judge: max bugrov

UNLV 1AC

Plan Text

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.

Leadership

Contention 1: is Leadership

First, indefinite detention hurts US cooperation with Europe which is crucial to combat terrorism.

Archick 12 (Kristen, Specialist in European Affairs at Congressional Research Service, "U.S.-EU Cooperation Against Terrorism", Congressional Research Service, 5-21-12, RSR~

U.S. and European officials alike maintain that the imperative to provide freedom
AND
, but maintained that certain prisoners were ¶ too dangerous to be released. 

High risk of nuclear terror - an attack results in extinction.

Dvorkin 12 (Major General (retired), doctor of technical sciences, professor, and senior fellow at the Center for International Security of the Institute of World Economy and International Relations of the Russian Academy of Sciences, Vladimir, The Center participates in the working group of the U.S.-Russia Initiative to Prevent Nuclear Terrorism, 9/21/12, "What Can Destroy Strategic Stability: Nuclear Terrorism is a Real Threat," belfercenter.ksg.harvard.edu/publication/22333/what_can_destroy_strategic_stability.html~

Hundreds of scientific papers and reports have been published on nuclear terrorism. International conferences
AND
a common understanding of these threats and develop a strategy to combat them.

This policy of counter terrorism crushes NATO and the Atlantic alliance.

Parker 12 (Tom, Former Policy Dir. for Terrorism, Counterterrorism and H. Rts. at Amnesty International, U.S. Tactics Threaten NATO, September 17, http://nationalinterest.org/commentary/us-tactics-threaten-nato-7461-http://nationalinterest.org/commentary/us-tactics-threaten-nato-7461~~

The United States has bet heavily on the efficacy of a new array of counterterrorism
AND
Something has to give—and it may just be the Atlantic alliance.

NATO prevents global nuclear war

Brzezinski 9 (Zbigniew, former U.S. National Security Adviser, Sept/Oct 2009, "An Agenda for NATO," Foreign Affairs, 88.5, Ebsco~

NATO’s potential is not primarily military. Although NATO is a collective-security alliance
AND
focused aroused Muslim resentments on the United States and the West more generally.

The NSC restores allied cooperation by strengthening the rule of law.

Rishikof 2 (Harvey, professor of law and former chair of the Department of ¶ National Security Strategy, National War College, "A New Court for Terrorism", The New York Times, 6-8-2002,
http://www.nytimes.com/2002/06/08/opinion/a-new-court-for-terrorism.html-http://www.nytimes.com/2002/06/08/opinion/a-new-court-for-terrorism.html, RSR~

A national security court, with its trials as open as possible, would give
AND
creating an institution that can handle new challenges without damaging our constitutional principles.

Next, blanket indefinite detention violates the Geneva Convention – doesn’t differentiate between types of combatants nor the different durations of conflict.

Murphy 7 (Law Professor at George Washington University Law School, "Evolving Geneva Convention Paradigms in the¶ ’War on Terrorism’: Applying the Core Rules to the¶ Release of Persons Deemed ’Unprivileged¶ Combatants’", GW Law Faculty Publications 26 Other Works, 2007, RSR~

The general assertion that all detainees at Guantánamo Bay may be detained for the "
AND
soon as the reasons which necessitated his¶ internment no longer exist."143

Adapting to public perception on detention and international law is key to regain credibility of US compliance

Murphy 7 (Law Professor at George Washington University Law School, "Evolving Geneva Convention Paradigms in the¶ ’War on Terrorism’: Applying the Core Rules to the¶ Release of Persons Deemed ’Unprivileged¶ Combatants’", GW Law Faculty Publications 26 Other Works, 2007, RSR~

The dominant paradigms of the 1949 Geneva Conventions, which concern either inter-state
AND
of persons deemed not to be a threat is unlawful and¶ unconscionable.

US Failure to adhere to Geneva undermines the entire Geneva regime

Beard 7 (Jack, ecturer at UCLA former Deputy General Counsel at the D.o.D., "The Geneva Boomerang: The Military Commissions Act of 2006 And US Counterterror operations," The American Journal of International Law, KM~

At a fundamental level, unilateral revision of the Geneva Conventions by the United States
AND
that other countries are unlikely to maintain the stringency of their own commitments.

The Geneva Conventions are key to prevent the development and use of chemical and biological weapons.

GCSP 5 ~Geneva Centre for Security Policy, "Biological and Chemical Weapons Seminar," June 2005, http://www.gcsp.ch/e/meetings/Security_Challenges/WMD/Meeting_Conf/2005/BC20Weapons20Seminar/summary.htm, KM~

On 9-10 June 2005, the GCSP hosted an international seminar initiated by
AND
use but also the production and possession of both chemical and biological weapons.

Bioweapons cause extinction – new advances in biotech

Myhrvold 13 (Nathan, former Chief Technology Officer at Microsoft, founder of Intellectual Ventures—one of the largest patent holding companies in the world, "Strategic Terrorism: A Call to Action", The Lawfare Research Paper Series  Research paper NO . 2, http://www.lawfareblog.com/wp-content/uploads/2013/07/Strategic-Terrorism-Myhrvold-7-3-2013.pdf~~

Biotechnology is advancing so rapidly that it is hard to  keep track of all the
AND
cause compares with that of other calamities  that the human race has faced.

A national security court would solve US compliance with Geneva - allows for oversight to review the individual detentions

McCarthy and Velshi 9 ~Andrew (Director of the Center for Law 26 Counterterrorism at the Foundation for the Defense of Democracies) and Alykhan (staff attorney at the Center for Law 26 Counterterrorism, where he focuses on the international law of armed conflict and the use of force), "We Need a National Security Court", Submission for AEI, 2009, RSR~

The NSC would oversee a new process for ¶ monitoring and reviewing the detention of
AND
their home countries (or in countries where they have committed crimes). ¶

Judicial Activism

Contention 2: is Judicial Activism

Scenario 1: Flexibility

Vagueness in the NDAA hampers executive flexibility by encouraging judicial activism. The plan is key to reverse that.

Horowitz 13 (Colby, J.D. Candidate at Fordham University, "CREATING A MORE MEANINGFUL ¶ DETENTION STATUTE: LESSONS LEARNED ¶ FROM HEDGES V. OBAMA", Fordham Law Review, Vol. 81, 2013, RSR~

This part recommends ways to improve section 1021, with the goal of ¶ creating
AND
) include a clear statement about the indefinite detention of American ¶ citizens.

Past decisions don’t matter – they did not decide on the right to indefinitely detain.

Devins 10 (Neal, Goodrich Professor of Law and Professor of Government, College of William 26 Mary,"Talk Loudly and Carry a Small Stick: The Supreme Court and Enemy Combatants", Journal of Constitutional Law, Vol. 12, No. 2, February 2010, RSR~

For much the same reason, the Court understood that its decision posed few national
AND
political branches to respect the centrality of habeas corpus limits on governmental power.

Judicial activism makes response to nuclear weapons scenarios slow - guarantees extinction.

Knowles 9 (Robert, Acting Assistant Professor, New York University School of Law, Spring, "American Hegemony and the Foreign Affairs Constitution", 41 Ariz. St. L.J. 87, Lexis Law~

Nonetheless, foreign relations remain special, and courts must treat them differently in one
AND
issue does not fall within the President’s textually-specified Article I powers. 

Scenario 2: Drones

Status quo ambiguity on indefinite detention promotes a shift to drones by hampering effective warfighting.

Chertoff 11 (Michael, Former Secretary of the Department of Homeland Security,
THE DECLINE OF JUDICIAL DEFERENCE ON NATIONAL SECURITY, Rutgers Law Review, 3 February 2011, http://www.rutgerslawreview.com/wp-content/uploads/archive/vol63/Issue4/Chertoff_Speech_PDF.pdf, pg. 1125-1128~

So, where has this left us? It has left us in a puzzling
AND
the courts when ¶ dealing with these kinds of sensitive national security issues.

US targeted killing policies are causing an international drones arms race.  The mere existence of the technology doesn’t make instability inevitable—how the US uses its drones matters.

Farley 11 (Robert, Assistant Professor at the Patterson School of Diplomacy and International Commerce at the University of Kentucky, Oct. 12, 2011, World Politics Review, "Over the Horizon: U.S. Drone Use Sets Global Precedent", http://www.worldpoliticsreview.com/articles/10311/over-the-horizon-u-s-drone-use-sets-global-precedent-http://www.worldpoliticsreview.com/articles/10311/over-the-horizon-u-s-drone-use-sets-global-precedent~~

Is the world about to see a "drone race" among the United States
AND
policymakers should perhaps devote a touch more attention to the precedent they’re setting. 

Lack of US-led norms cause Chinese drone aggression in maritime disputes—-that increases tensions.

Bodeen 13 (Christopher, writer for the Huffington Post, May 3rd, 2013, "China’s Drone Program Appears To Be Moving Into Overdrive," Huffington Post, www.huffingtonpost.com/2013/05/03/china-drone-program_n_3207392.html~

BEIJING — Determined to kill or capture a murderous Mekong River drug lord, China’s
AND
camp almost 20 kilometers (12 miles) into Indian-claimed territory.

That leads to US-Sino nuclear war and extinction.

Fisher 11 (Max, foreign affairs writer and editor for the Atlantic, MA in security studies from Johns Hopkins, Oct 31 2011, "5 Most Likely Ways the U.S. and China Could Spark Accidental Nuclear War," http://www.theatlantic.com/international/archive/2011/10/5-most-likely-ways-the-us-and-china-could-spark-accidental-nuclear-war/247616-http://www.theatlantic.com/international/archive/2011/10/5-most-likely-ways-the-us-and-china-could-spark-accidental-nuclear-war/247616~~

Neither the U.S. nor China has any interest in any kind of
AND
Soviet mishaps of the 1980s — is exactly what makes them so dangerous.

Plan solves –

First, creating an appropriate framework limits judicial creativity

McCarthy and Velshi 9 ~Andrew (Director of the Center for Law 26 Counterterrorism at the Foundation for the Defense of Democracies) and Alykhan (staff attorney at the Center for Law 26 Counterterrorism, where he focuses on the international law of armed conflict and the use of force), "We Need a National Security Court", Submission for AEI, 2009, RSR~

What is an asset in the criminal justice system, however, would be a
AND
be at liberty to create new entitlements by analogizing to ordinary criminal proceedings.

Second, plan accommodates concerns from all sides preventing forum shopping.

Sulmasy and Logman 9 ~Glenn (professor of law at the U.S. Coast Guard Academy) and Andrea (assistant professor of law at the U.S. Coast Guard Academy), "A HYBRID COURT FOR A HYBRID WAR", Case Western Reserve Journal of International Law, Vol. 42, RSR~

Prior to the anticipated closure of the Guantánamo Bay Detention ¶ Facility on January 22
AND
and promote the rule of law while bringing ¶ unlawful combatants to justice. 

Solvency

Contention 3 is solvency

The court preserves national security while sending an international signal

Sulmasy 6 (Commander and associate professor of law at the U.S. Coast Guard Academy, 
~Glenn, "THE LEGAL LANDSCAPE AFTER HAMDAN:¶ THE CREATION OF HOMELAND SECURITY¶ COURTS", NEW ENG. J.INT’L 26 COMP.L., Vol. 13, RSR~

Article I judges with law of armed conflict expertise would proceed¶ over the trials
AND
¶ colleagues, this proposal certainly requires further elaboration prior to¶ implementation.

Congressional action 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 preclusive with respect to
AND
Just because a congressional policy choice is wrong does not make it unconstitutional.

Tournament: Wake | Round: 1 | Opponent: Texas CM | Judge: Jason Regnier

Plan Text

Plan: The United States Congress should establish a National Security Court with exclusive jurisdiction over cases pursuant to Section 1021 of the National Defense Authorization Act for Fiscal Year 2012.

Leadership

Contention 1: is Leadership

The plan’s external oversight on detention maintains hegemony-~--legitimacy is the vital internal link to global stability.

Knowles 9 (Robert, Acting Assistant Professor at NYU School of Law, Spring, “Article: American Hegemony and the Foreign Affairs Constitution”, 41 Ariz. St. L.J. 87, Lexis

The hegemonic model also reduces the need for executive branch flexibility, and the institutional
AND
courts to reduce the "deference gap" between foreign and domestic cases.

US benevolent hegemony is critical to global peace – material power is irrelevant and the alternative causes massive wars.

Kromah 9 (Lamii, Master Student in IR, February 2009, Lamii Moivi Kromah at the Department of International Relations
University of the Witwatersrand, “The Institutional Nature of U.S. Hegemony: Post 9/11”, http://wiredspace.wits.ac.za/bitstream/handle/10539/7301/MARR2009.pdf?sequence=1

A final major gain to the United States from the benevolent hegemony has perhaps been
AND
to facilitate its ability to extract contributions from other members of the system.

Statistical evidence shows US policy towards indefinite detention is both necessary and sufficient.

Welsh 11 (David, J.D. from the University of Utah. He is currently a doctoral student in the Eller School of Business at the University of Arizona where his research focuses on organizational fairness and ethics, "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

Today, many individuals throughout the world question whether the United States has engaged in
AND
with the unique procedural issues created by a growing number of suspected terrorists.

Next, blanket indefinite detention violates the Geneva Convention – doesn’t differentiate between types of combatants nor the different durations of conflict.

Murphy 7 (Law Professor at George Washington University Law School, “Evolving Geneva Convention Paradigms in the¶ 'War on Terrorism': Applying the Core Rules to the¶ Release of Persons Deemed 'Unprivileged¶ Combatants'”, GW Law Faculty Publications and Other Works, 2007, RSR

The general assertion that all detainees at Guantánamo Bay may be detained for the “
AND
soon as the reasons which necessitated his¶ internment no longer exist.”143

US Failure to adhere to Geneva undermines the entire Geneva regime

Beard 7 (Jack, ecturer at UCLA former Deputy General Counsel at the D.o.D., “The Geneva Boomerang: The Military Commissions Act of 2006 And US Counterterror operations,” The American Journal of International Law, KM

At a fundamental level, unilateral revision of the Geneva Conventions by the United States
AND
that other countries are unlikely to maintain the stringency of their own commitments.

The Geneva Conventions are key to prevent the development and use of chemical and biological weapons.

GCSP 5 Geneva Centre for Security Policy, “Biological and Chemical Weapons Seminar,” June 2005, http://www.gcsp.ch/e/meetings/Security_Challenges/WMD/Meeting_Conf/2005/BC20Weapons20Seminar/summary.htm, KM

On 9-10 June 2005, the GCSP hosted an international seminar initiated by
AND
use but also the production and possession of both chemical and biological weapons.

Bioweapons cause extinction – new advances in biotech

Myhrvold 13 (Nathan, former Chief Technology Officer at Microsoft, founder of Intellectual Ventures—one of the largest patent holding companies in the world, “Strategic Terrorism: A Call to Action”, The Lawfare Research Paper Series  Research paper NO . 2, http://www.lawfareblog.com/wp-content/uploads/2013/07/Strategic-Terrorism-Myhrvold-7-3-2013.pdf

Biotechnology is advancing so rapidly that it is hard to  keep track of all the
AND
cause compares with that of other calamities  that the human race has faced.

A national security court would solve US compliance with Geneva - allows for oversight to review the individual detentions

McCarthy and Velshi 9 Andrew (Director of the Center for Law and Counterterrorism at the Foundation for the Defense of Democracies) and Alykhan (staff attorney at the Center for Law and Counterterrorism, where he focuses on the international law of armed conflict and the use of force), “We Need a National Security Court”, Submission for AEI, 2009, RSR

The NSC would oversee a new process for ¶ monitoring and reviewing the detention of
AND
their home countries (or in countries where they have committed crimes). ¶

Contention 2: is Increased Scrutiny

Increased scrutiny over detention has resulted in a shift to drones and renditions.

Goldsmith 9 (Jack, Professor of Law at Harvard and member of the Hoover Institution Task Force on National Security and Law, assistant attorney general in the Bush administration, 5/31/09, “The Shell Game on Detainees and Interrogation,” http://www.washingtonpost.com/wp-dyn/content/article/2009/05/29/AR2009052902989.html
(Also makes the claim that Obama would rather detain in the first place.)

The cat-and-mouse game does not end there. As detentions at
AND
help the terrorists. But it does make us feel better about ourselves.

Specifically, status quo ambiguity causes this shit - the aff’s Congressional statute is key to reverse that.

Chertoff 11 (Michael, Former Secretary of the Department of Homeland Security,
THE DECLINE OF JUDICIAL DEFERENCE ON NATIONAL SECURITY, Rutgers Law Review, 3 February 2011, http://www.rutgerslawreview.com/wp-content/uploads/archive/vol63/Issue4/Chertoff_Speech_PDF.pdf, pg. 1125-1128

So, where has this left us? It has left us in a puzzling
AND
the courts when ¶ dealing with these kinds of sensitive national security issues.

Scenario 1 is Drones

US drone use is creating an international drone arms race —how the US drone uses its drones sets a precedent

Farley 11 (Robert, Assistant Professor at the Patterson School of Diplomacy and International Commerce at the University of Kentucky, Oct. 12, 2011, World Politics Review, “Over the Horizon: U.S. Drone Use Sets Global Precedent”, http://www.worldpoliticsreview.com/articles/10311/over-the-horizon-u-s-drone-use-sets-global-precedent

Is the world about to see a "drone race" among the United States
AND
policymakers should perhaps devote a touch more attention to the precedent they're setting. 

Lack of US-led norms cause Chinese drone aggression in maritime disputes-~--that increases tensions.

Bodeen 13 (Christopher, writer for the Huffington Post, May 3rd, 2013, "China's Drone Program Appears To Be Moving Into Overdrive," Huffington Post, www.huffingtonpost.com/2013/05/03/china-drone-program_n_3207392.html

BEIJING -- Determined to kill or capture a murderous Mekong River drug lord, China's
AND
camp almost 20 kilometers (12 miles) into Indian-claimed territory.

That leads to US-Sino nuclear war and extinction.

Fisher 11 (Max, foreign affairs writer and editor for the Atlantic, MA in security studies from Johns Hopkins, Oct 31 2011, “5 Most Likely Ways the U.S. and China Could Spark Accidental Nuclear War,” http://www.theatlantic.com/international/archive/2011/10/5-most-likely-ways-the-us-and-china-could-spark-accidental-nuclear-war/247616

Neither the U.S. nor China has any interest in any kind of
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Soviet mishaps of the 1980s -- is exactly what makes them so dangerous.

Scenario 2 is Rendition

Rendition results in massive allied backlash that guts counter terrorism cooperation.

 
Huq 6 (Aziz, associate counsel at the Brennan Center for Justice at the New York University School of Law, “Extraordinary Rendition and the Wages of Hypocrisy”, World Policy Journal, Spring 2006, RSR

Mearsheimer’s analysis may well be true in regard to relations between states. But in
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that the operation had been conceived in a reckless and foolish manner.30 

WMD terrorism is feasible and dangerous – top experts agree

Bunn et al 13 (Bunn, Matthew, Valentin Kuznetsov, Martin B. Malin, Yuri Morozov, Simon Saradzhyan, William H. Tobey, Viktor I. Yesin, and Pavel S. Zolotarev. "Steps to Prevent Nuclear Terrorism." Paper, Belfer Center for Science and International Affairs, Harvard Kennedy School, October 2, 2013, Matthew Bunn. Professor of the Practice of Public Policy at Harvard Kennedy School andCo-Principal Investigator of Project on Managing the Atom at Harvard University’s Belfer Center for Science and International Affairs. • Vice Admiral Valentin Kuznetsov (retired Russian Navy). Senior research fellow at the Institute for U.S. and Canadian Studies of the Russian Academy of Sciences, Senior Military Representative of the Russian Ministry of Defense to NATO from 2002 to 2008. • Martin Malin. Executive Director of the Project on Managing the Atom at the Belfer Center for Science and International Affairs. • Colonel Yuri Morozov (retired Russian Armed Forces). Professor of the Russian Academy of Military Sciences and senior research fellow at the Institute for U.S. and Canadian Studies of the Russian Academy of Sciences, chief of department at the Center for Military-Strategic Studies at the General Staff of the Russian Armed Forces from 1995 to 2000. • Simon Saradzhyan. Fellow at Harvard University’s Belfer Center for Science and International Affairs, Moscow-based defense and security expert and writer from 1993 to 2008. • William Tobey. Senior fellow at Harvard University’s Belfer Center for Science and International Affairs and director of the U.S.-Russia Initiative to Prevent Nuclear Terrorism, deputy administrator for Defense Nuclear Nonproliferation at the U.S. National Nuclear Security Administration from 2006 to 2009. • Colonel General Viktor Yesin (retired Russian Armed Forces). Leading research fellow at the Institute for U.S. and Canadian Studies of the Russian Academy of Sciences and advisor to commander of the Strategic Missile Forces of Russia, chief of staff of the Strategic Missile Forces from 1994 to 1996. • Major General Pavel Zolotarev (retired Russian Armed Forces). Deputy director of the Institute for U.S. and Canadian Studies of the Russian Academy of Sciences, head of the Information and Analysis Center of the Russian Ministry of Defense from1993 to 1997, section head - deputy chief of staff of the Defense Council of Russia from 1997 to 1998.http://belfercenter.ksg.harvard.edu/publication/23430/steps_to_prevent_nuclear_terrorism.html

I. Introduction In 2011, Harvard’s Belfer Center for Science and International Affairs and
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the intention to acquire and use nuclear weapons is as strong as ever.

A nuclear terror attack results in extinction – equivalent to a full scale nuclear war.

Toon 7 (Owen B., chair of the Department of Atmospheric and Oceanic Sciences at CU-Boulder, et al., April 19, 2007, “Atmospheric effects and societal consequences of regional scale nuclear conflicts and acts of individual nuclear terrorism,” online: http://climate.envsci.rutgers.edu/pdf/acp-7-1973-2007.pdf

To an increasing extent, people are congregating in the world’s great urban centers,
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should be carried out as well for the present scenarios and physical outcomes.

Plan solves –

First, plan would preserve the intelligence value of detention by recognizing the executive nature of warfighting.

McCarthy and Velshi 9 Andrew (Director of the Center for Law and Counterterrorism at the Foundation for the Defense of Democracies) and Alykhan (staff attorney at the Center for Law and Counterterrorism, where he focuses on the international law of armed conflict and the use of force), “We Need a National Security Court”, Submission for AEI, 2009, RSR

What is an asset in the criminal justice system, however, would be a
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be at liberty to create new entitlements by analogizing to ordinary criminal proceedings.

Second, plan solves rendition pressures by accommodating concerns from all sides to prevent forum shopping.

Kimery 9 (Anthony, Homeland Security Today's Online Editor and Online Media Division manager draws on 30 years of experience and extensive contacts as he investigates homeland security, counterterrorism and border security, citing Glenn Sulmasy, first permanent commissioned military law professor at the Coast Guard Academy, where he is a Professor of Law teaching international, constitutional, and criminal law, "The Case For A 'National Security Court'", December 3, www.hstoday.us/blogs/the-kimery-report/blog/the-case-for-a-national-security-court/a9333d82c11cecd35e74c8c0b65c2698.html

However, in interviews with HSToday.us, Sulmasy argued that “we have
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, but it would serve as a template for other nations to emulate.

Solvency

The court preserves national security while sending an international signal

Sulmasy 6 (Commander and associate professor of law at the U.S. Coast Guard Academy,
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 armed conflict expertise would proceed¶ over the trials
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¶ colleagues, this proposal certainly requires further elaboration prior to¶ implementation.

Congressional action 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 preclusive with respect to
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Just because a congressional policy choice is wrong does not make it unconstitutional.