C'mon. You've entered info for 17 rounds, and only entered cites for 8? That's only 47.1%. Open Source is NOT a replacement for good disclosure practices.
Tournament
Round
Report
D3 AUMF aff
Quads
Opponent: depends | Judge: depends
This was the AUMF aff read at districts
D3 Cyber AFF
Quarters
Opponent: depends | Judge: depends
This is the Cyber aff read at districts
D3 Districts
9
Opponent: ALL | Judge: Depends
This was BE's new aff at districts not BB
Kentucky
6
Opponent: Emory KM | Judge: Sean Kennedy
1AC - AUMF aff with terrorism and legitimacy advantages 1NC - OLC CP Shutdown DA Security K Case
Kentucky
8
Opponent: Towson JR | Judge: Al Hiland
aff - cyber with arms race and tradeoff 1NC - 1 off apocalyptic rhetoric K
Kentucky
Doubles
Opponent: Minnesota CE | Judge: Brovero, Deming, Osborn, Pointer, Weil
aff - AUMF aff with terrorism and legitimacy advantages 1NC - T Restrict politics DA warfighting DA XO CP security K 2NR - T
1AC - AUMF Terror ADV and Firebreaks ADV 1NC - T Restrict Nuclear Security Summit PTX DA XO CP Human Rights CPLiberal Legalism K 2NR - Liberal Legalism K
UNLV
2
Opponent: Weber State | Judge: Lucas-Bolin
1NC T Framework Warfighting Case
2NR - T
To modify or delete round reports, edit the associated round.
Cites
Entry
Date
Kentucky Doubles - Aff v Minnesota CE
Tournament: Kentucky | Round: Doubles | Opponent: Minnesota CE | Judge: Brovero, Deming, Osborn, Pointer, Weil
1AC
AUMF aff – Same as Kentucky round 6
2AC
Solvency
Obama will adhere to the plan - wants to rely on congressional authority
Obama administration officials, concerned about the legal justifications behind counterterrorism operations, have preferred to rely on congressional authority for the use of force against al Qaeda, seeing such authority as more defensible and acceptable to allies.
Terrorism
Plan key to flex
Cronogue ’12 ~Graham. Duke University School of Law, J.D. expected 2013; University of North Carolina B.A. 2010. 22 Duke J. Comp. 26 Int’l L. 377 2011-2012. ETB~
Though the President’s inherent authority to act in times of emergency¶ and war can AND the future and prevents the "gloss" that comes from congressional acquiescence.¶
A revised AUMF can certainly reference the 9/11 attacks. But my view AND year-old AUMF, then it is likely to happen very soon.
C/I —- Restriction is limitation, NOT prohibition
CAC 12,COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, COUNTY OF LOS ANGELES, Plaintiff and Respondent, v. ALTERNATIVE MEDICINAL CANNABIS COLLECTIVE et al., Defendants and Appellants, DIVISION ONE, 207 Cal. App. 4th 601; 143 Cal. Rptr. 3d 716; 2012 Cal. App. LEXIS 772 We disagree with County that in using the phrases "further restrict the location or AND and affordable distribution of marijuana to all patients in medical need of marijuana."
As the government shutdown enters its third day, Democrats and Republicans seem no closer AND said, will give Republicans more areas where they can look for victory.
The plan is a concession – dems would have to vote for the plan which appeases the GOP – causes a deal
President Obama has had a tough year. He failed to pass gun legislation. AND by the president’s recent troubles, says former GOP leadership aide Ron Bonjean.
The White House’s distance diplomacy with Republicans is an approach that tacitly acknowledges three inescapable AND the president’s always had a "laissez-faire" approach to Congress.
The U.S. debt ceiling deadline may be looming like dark clouds over AND has gone relatively smoothly since early this year despite the onslaught of criticism.
With no movement on either side and the debt ceiling fast approaching, there’s increasing AND around, again, Clinton is advising Obama to call the GOP’s bluff.
As he battles with congressional Republicans over the budget and the debt ceiling, and AND will not negotiate with the GOP in Congress over extending the debt ceiling.
2AC Warfighting DA
Obama is weak now - sending global signals of weakness and uncertainty
Put another way, the President made it clear a year ago that there was AND unsure nation. This is an image we can ill afford to project.
Stronger statutory checks on Presidential war powers increase credibility
Waxman 13 Matthew C. Waxman 13, Professor of Law at Columbia Law School; Adjunct Senior Fellow for Law and Foreign Policy, Council on Foreign Relations, "The Constitutional Power to Threaten War", Forthcoming in Yale Law Journal, vol. 123 (2014), 8/25/2013, PDF
A second argument, this one advanced by some congressionalists, is that stronger legislative AND by pointing foreign actors to the appropriate institution or process for reading them.
Legitimacy key to sustainable counter terrorism policy
Chesney et al. ’13 ~Robert Chesney is a ¶ professor at the University ¶ of Texas School of Law, a ¶ nonresident senior fellow ¶ of the Brookings Institution, ¶ and a distinguished scholar ¶ at the Robert S. Strauss ¶ Center for International ¶ Security and Law. He is a ¶ cofounder and contributor to ¶ the Lawfare Blog and writes ¶ frequently on topics relating ¶ to US counterterrorism ¶ policy and law. Jack Goldsmith is the Henry ¶ L. Shattuck Professor of ¶ Law at Harvard Law School ¶ and a member of the Hoover ¶ Institution’s Jean Perkins ¶ Task Force on National ¶ Security and Law. He served ¶ in the Bush administration as ¶ assistant attorney general, ¶ Office of Legal Counsel, from ¶ 2003 to 2004 and as special ¶ counsel to the general ¶ counsel from 2002 to 2003. Matthew C. Waxman ¶ is a professor of law at ¶ Columbia Law School, ¶ an adjunct senior fellow ¶ at the Council on Foreign ¶ Relations, and a member ¶ of the Hoover Institution’s ¶ Jean Perkins Task Force ¶ on National Security and ¶ Law. He previously served ¶ in senior positions at the ¶ State Department, Defense ¶ Department, and National ¶ Security Council. Benjamin Wittes is a senior ¶ fellow in governance ¶ studies at the Brookings ¶ Institution, a member of ¶ the Hoover Institution’s ¶ Jean Perkins Task Force ¶ on National Security and ¶ Law, and the editor in chief ¶ of the Lawfare Blog. Jean Perkins Task Force on National Security and Law. http://media.hoover.org/sites/default/files/documents/Statutory-Framework-for-Next-Generation-Terrorist-Threats.pdf-http://media.hoover.org/sites/default/files/documents/Statutory-Framework-for-Next-Generation-Terrorist-Threats.pdf ETB~
While we believe there will be a need for a new AUMF, and while AND later with constraints that dangerously hamper the president’s agility to respond to threats.
Resolved: 5. To express, as an opinion or determination, by resolution and vote; to declare or decide by a formal vote; — followed by a clause; as, the house resolved (or, it was resolved by the house) that no money should be apropriated (or, to appropriate no money).
Should means ought
Howard 5 Taylor and Howard, 05 - Resources for the Future, Partnership to Cut Hunger and Poverty in Africa (Michael and Julie, "Investing in Africa’s future: U.S. Agricultural development assistance for Sub-Saharan Africa", 9/12, http://www.sarpn.org.za/documents/d0001784/5-US-agric_Sept2005_Chap2.pdf) Other legislated DA earmarks in the FY2005 appropriations bill are smaller and more targeted: plant biotechnology research and development (2425 million), the American Schools and Hospitals Abroad program (2420 million), women’s leadership capacity (2415 million), the International Fertilizer Development Center (242.3 million), and clean water treatment (242 million). Interestingly, in the wording of the bill, Congress uses the term shall in connection with only two of these eight earmarks; the others say that USAID should make the prescribed amount available. The difference between shall and should may have legal significance—one is clearly mandatory while the other is a strong admonition—but it makes little practical difference in USAID’s need to comply with the congressional directive to the best of its ability.
CP forces prez to rely on article 2 authority, which doesn’t solve terrorism or legitimacy and links to politics
Having the intelligence committees publicly on board helps, but what the administration really needs AND at that point the administration will wish it had gone to Congress sooner.
CP Links to flex but the aff doesn’t
Cronogue ’12 ~Graham. Duke University School of Law, J.D. expected 2013; University of North Carolina B.A. 2010. 22 Duke J. Comp. 26 Int’l L. 377 2011-2012. ETB~
Though the President’s inherent authority to act in times of emergency¶ and war can AND the future and prevents the "gloss" that comes from congressional acquiescence.¶
CP Fails
Scheuerman 12 – William E. Scheuerman, Professor of Political Science and West European Studies at Indiana University, "Review Essay: Emergencies, Executive Power, and the Uncertain Future of US Presidential Democracy", Law and Social Inquiry, Summer, 37 Law 26 Soc. Inquiry 743, Lexis
Posner and Vermeule rely on two main claims. First, even if the president AND seems like a pale replacement for liberal legalism and the separation of powers.
K
Life should be valued as apriori – it precedes the ability to value anything else
Amien Kacou. 2008. WHY EVEN MIND? On The A Priori Value Of "Life", Cosmos and History: The Journal of Natural and Social Philosophy, Vol 4, No 1-2 (2008) cosmosandhistory.org/index.php/journal/article/view/92/184 Furthermore, that manner of finding things good that is in pleasure can certainly not AND and desire. Perhaps, our inquiry should be a bit more complex.
Risk framing empowers agency and is key to solve the alt
Borraz, ’7 ~OLIVIER BORRAZ Centre de Sociologie des Organisations, Sciences Po-CNRS, Paris, "Risk and Public Problems," Journal of Risk Research, 10, 7, Oct 2007, 941-957~ First, risk is the result of a dynamic, haphazard, controversial and unstable AND dimensions surrounding that activity (its benefits, use, effects, etc.).
Fear is inevitable and productive – denying fear worse than danger control
Sandman and Lanard 2003 Peter M. PhD in Communications and Professor at Rutgers specialzing in crisis communication; Jody, Psychiatrist, Sept 7, "Fear of fear" Let’s start with the obvious. Any normal person is going to be more anxious AND have a much tougher time explaining the reasons why they needn’t be afraid.
The alt results in more securitization and intervention
Tara McCormack, 2010, is Lecturer in International Politics at the University of Leicester and has a PhD in International Relations from the University of Westminster. 2010, (Critique, Security and Power: The political limits to emancipatory approaches, page 127-129)
The following section will briefly raise some questions about the rejection of the old security AND the political limits of the framework proposed by critical and emancipatory theoretical approaches.
Prefer specific scenarios – even if we invoke some security logic, the fact that others will securitize means that we have to make worst-case assessments to avoid escalation
Ole Waever, Senior Research Fellow – Copenhagen Peace Research Inst., 2K (I. R. Theory 26 the Politics of European Integration, ed Kelstrup/Williams p. 282-285)
The other main possibility is to stress responsibility. Particularly in a field like security AND that could lead to security dilemmas and escalations, violence and mutual vilification.
Begin with whether there is problem that needs to be addressed. A recent Washington AND and of unilateral executive decisions deciding who can be targeted, are better.
NDAA expanded the aumf
Chesney ’12 ~Robert Chesney ¶ University of Texas School of Law¶ August 29, 2012¶ Beyond the Battlefield, Beyond Al Qaeda: The Destabilizing Legal Architecture of Counterterrorism¶ Michigan Law Review, Forthcoming ¶ U of Texas Law, Public Law Research Paper No. 227. ETB~ This perception of institutional settlement is an illusion. It depends on the existence of AND Some states seem to want to invent new laws to justify new practices."
But here’s the problem: Conservative Republicans remain convinced the public is on their side AND more likely. And with it, unpredictable levels of economic havoc and destruction
The other proposal will force the Pentagon and White House to review all groups or AND are consistent with the United States Constitution," Thornberry said at the time.
President Obama kicked off the long Memorial Day weekend with a speech which had a AND power for the federal legislative branch to review and restrain the president’s actions.
Security analysts are predicting that 2013 is when nation-sponsored cyberwarfare goes mainstream — AND are particularly vulnerable, according to numerous assessments delivered to Congress last year.
Specifically, cyber attacks risk retaliatory cycles and arms races
Although setting up a cybersecurity working group with China, Washington has also signaled it AND , the risk of it spilling over into kinetic hostilities will only grow.
Cyber arms race causes world war — there are no checks on escalation, deterrence doesn’t apply, and only a certain commitment to the plan solves
CSM 11 Christian Science Monitor (3/7, Mark Clayton, The new cyber arms race, www.csmonitor.com/USA/Military/2011/0307/The-new-cyber-arms-race)
The new cyber arms race Tomorrow’s wars will be fought not just with guns, AND use of cyberattack is ill-formed, undeveloped, and highly uncertain."
Congressional constraints of OCOs are key to solve — otherwise nuclear war is inevitable from arms-racing, command and control hacking, crisis instability, and fracturing nuclear agreements
The United States is racing for the technological frontier in military and intelligence uses of AND be every bit as reasonable given their anxiety about unconstrained American cyber superiority.
And independently, cyber preemption escalates to shooting war
As in the 1960s, the speed of war is rapidly accelerating. Then, AND . Thus, the nation attacked might well respond with "kinetic activity."
Cyberwar escalates:
A) Speed, scope, and spoofing
Clarke and Knake ’12 (Richard (former National Coordinator for Security, Infrastructure Protection, and Counter-terrorism for the United States) and Robert (Cybersecurity and homeland security expert at the Council on Foreign Relations), Cyber War: The Next Threat to National Security and What to Do About It, Harper Collins Books, 2012, RSR)
In our hypothetical exercise, the Chinese response aimed at four U.S. AND .¶ But what about collateral damage in the country that is being targeted?
b) Pressure to retaliate
Owens et al 9 (William A. Owens, as an Admiral in the United States Navy and later Vice Chairman of the Joint Chiefs of Staff, Kenneth W. Dam, served as Deputy Secretary of the Treasury from 2001 to 2003, where he specialized in international economic development, Herbert S. Lin, Senior Scientist and Study, "Technology, Policy, Law, and Ethics Regarding U.S. Acquisition and Use of Cyberattack Capabilities" 4/27/2009, http://www.lawfareblog.com/wp-content/uploads/2013/01/NRC-Report.pdf-http://www.lawfareblog.com/wp-content/uploads/2013/01/NRC-Report.pdf, KB)
But in many kinds of cyberattack, the magnitude of the impact of the ¶ AND . Such a situation has ¶ obvious potential for inappropriate and unintended escalation.
C) Signaling failures
Mulvenon et al. 10 ~Edited by Dr. James C. Mulvenon and ¶ Dr. Gregory J. Rattray ¶ Authors: Matt Devost, Maeve Dion, Jason Healey, ¶ Bob Gourley, Samuel Liles, James C. Mulvenon, Hannah Pitts, Gregory J. Rattray. Addressing Cyber Instability. Cyber Conflict Studies Association. ETB~
Signaling, whether prior to the initiation of conflict or during its ¶ various escalatory AND not altogether under the control of the ¶ entity making the threat."66
Adv 2: Alliances
Congressional restrictions necessary for allied cooperation— restoring legitimacy to OCOs is key to cyber coalitions
Military commanders have seen the no-legal-limits movie before and they do AND impact on coalition support that the mere perception of American lawlessness can have.
The small concession of the plan is key — it increases key flexibility and secures cyberspace
Lord et al 11 Vice President and Director of Studies at the Center for a New American Security (Kristin M., Travis Sharp is the Bacevich Fellow at the Center for a New American Security. Joseph S. Nye, Jr. is University Distinguished Service Professor at the Kennedy School of Government at Harvard University. Mike McConnell is Executive Vice President of Booz Allen Hamilton and former Director of National Intelligence and Director of the National Security Agency. Gary McGraw is Chief Technology Officer of Cigital, Inc., a software security consultancy, and author of eight books on software security. Nathaniel Fick is Chief Executive Officer of the Center for a New American Security. Thomas G. Mahnken is Jerome E. Levy Chair of Economic Geography and National Security at the U.S. Naval War College and a Visiting Scholar at the Johns Hopkins School of Advanced International Studies. Gregory J. Rattray is a Partner at Delta Risk LLC and Senior Vice President for Security at BITS, the technology policy division of The Financial Services Roundtable. Jason Healey is Director of the Cyber Statecraft Initiative at the Atlantic Council and Executive Director of the Cyber Conflict Studies Association. Martha Finnemore is Professor of Political Science and International Affairs at The George Washington University. David A. Gross is a Partner at Wiley Rein LLP and a former Ambassador and Coordinator for International Communications and Information Policy at the State Department. Nova J. Daly is a Public Policy Consultant at Wiley Rein LLP and former Deputy Assistant Secretary for Investment Security in the Office of International Affairs at the Treasury Department. M. Ethan Lucarelli is an Associate at Wiley Rein LLP. Roger H. Miksad is an Associate at Wiley Rein LLP. James A. Lewis is a Senior Fellow and Director of the Technology and Public Policy Program at the Center for Strategic and International Studies. Richard Fontaine is a Senior Fellow at the Center for a New American Security. Will Rogers is a Research Associate at the Center for a New American Security. Christopher M. Schroeder is an Internet entrepreneur, Chief Executive Officer of HealthCentral.com and a member of the Center for a New American Security’s board of advisors. Daniel E. Geer, Jr. is Chief Information Security Officer of In-Q-Tel, the independent investment firm that identifies innovative technologies in support of the missions of the U.S. intelligence community. Robert E. Kahn is President and Chief Executive Officer of the Corporation for National Research Initiatives and co-inventor of the TCP/IP protocol that is the foundation of the modern Internet. Peter Schwartz is Co-Founder and Chairman of Global Business Network and a member of the Center for a New American Security’s board of directors, "America’s Cyber Future Security and Prosperity in the Information Age volume I" June 2011, http:// www.cnas.org/files/documents/publications/CNAS_Cyber_Volume20I_0.pdf-http://www.cnas.org/files/documents/publications/CNAS_Cyber_Volume I_0.pdf)
The United States should lead a broad, multi-stakeholder international cyber security coalition AND in a way that defends the nation without subverting what it stands for.
Squo offensive cyber doctrine creates a credibility gap that contributes to a perception of US weakness and undermines credibility
What’s more, John Arquilla has advocated taking offensive action against terrorist websites, and AND the most is the marketplace of ideas? Etc., etc., etc.
Alliances prevent nuclear war—-key to burden sharing
Douglas Ross 99 is professor of political science at Simon Fraser University, Winter 1998/1999, Canada’s functional ¶ isolationism and the future of weapons of mass destruction, International Journal, p. lexis Thus, an easily accessible tax base has long been available for spending much more AND world community have any plausible hope of avoiding warfare involving nuclear or other WMD
Coalition building key to solve extinction – disease, climate change, terrorism, and great power war
This book examines US hegemony and international legitimacy in the post-Cold War era AND rehabilitate the global leadership credentials of the United States under the Obama Administration.
Chinese anti-access capabilities critically depend on cyber — allied cooperation is key to counter them
In Pacific Forum’s PacNet ~2341 issue, Mihoko Matsubara correctly asserts that "countering AND create a strong force multiplier effect and should be considered a top priority.
China’s rapidly modernizing its military for an A2AD strategy — that fuels territorial disputes
A new report of the U.S. Defense Department says that China is AND and has other territorial disputes with regional neighbors in the South China Sea.
PLA doctrine proves Chinese aggression against Taiwan and the South China Sea are inevitable — A2AD is the linchpin of this capability
Yoshihara 10 (Dr. Toshi Yoshihara, Associate Professor in the Strategy and Policy Department at the Naval War College, former Visiting Professor at the U.S. Air War College, Ph.D. International Relations, The Fletcher School of Law and Diplomacy, Tufts University, M.A. International Relations, School of Advanced International Studies, Johns Hopkins University, B.S. International Relations, School of Foreign Service, Georgetown University, "Chinese Missile Strategy and the U.S. Naval Presence in Japan: The Operational View from Beijing," Naval War College Review, 7-1-2010, (... denotes non-US-ASCII text omitted) http://www.faqs.org/periodicals/201007/2046727461.html-http://www.faqs.org/periodicals/201007/2046727461.html)
In recent years, defense analysts in the United States have substantially revised their estimates AND which China might seek to conduct conventional missile operations against outside intervention.43
Taiwan crisis is imminent and causes nuclear war
Colby et al 13 Elbridgc A. Colby. cochair, is a principal analyst and drvison lead for global strategic affairs at the Center for Naval Analyses (CNA). where he focuses on strategy deterrence, nuclear weapons, and related issues. Previously, he served as policy adviser to the secretary of defense’s representative for the new Strategic Arms Reduction Treaty, as an expert adviser to the Congressional Strategic Posture Commission, as a staff member on the President’s Commission on the Intdhgcnce Capa biLities of the US. Regarding WMD. and in a number of other government positions. Mr. Colby also serves or has served as a consultant to a number of U.S government bodies. He publishes and speaks regularly on strategic issues in the United States. Europe, and Asia. Mr. Colby is a graduate of Harvard College and Yale Law School and is a member of the Council on Foreign Rdations (term) and of the International Institute of Strategic Studies Abraham M. Denmark. cochair. is vice president for political and security affairs at the National Bure-au of Asian Research (NBR) and is an Asia-Pacific security adviser at the Center for Naval Analyses. He manages NBR research programs, dialogues, projects, and initiatives reLated to po. litical and security issues in the Asia-Pacific region. He has experience both inside and outside of government, having previously worked as a fellow at the Center for a New American Security and as country director for China affairs in the Office of the Secretary of Deknse. Mr. Denmark holds an MA. in international security from the Josef Korbel Schoel of International Studies at the University of Denver and has studied at China’s Foreign Atfairs University and Peking Universit, Nuclear Weapons and U.S.-China Relations, http://csis.org/files/publication/130307_Colby_USChinaNuclear_Web.pdf-http://csis.org/files/publication/130307_Colby_USChinaNuclear_Web.pdf
Taiwan. Taiwan remains the single most plausible and dangerous source of tension and conflict AND of U.S. defense commitments in the Asia-Pacific region.
Despite America’s best efforts to construct stronger ties with China, relations in-between AND is also rapidly morphing into one of the world’s most sensitive nuclear hotspots.
Their defense doesn’t apply
Chinese fear of US cyber unilateralism means escalation is probable
Yet, Chinese media reports have filled some of the void with regards to ROE AND of action than its professed desire to conduct only defensive and nonaggressive operations.
Cyber stimulates risk taking and lowers conflict inhibition
Dobbins et al. ’11 ~Ambassador James F. Dobbins, a veteran diplomat and the current director of the RAND International Security and Defense Policy Center as well the US special representative for Afghanistan and Pakistan. David C. Gompert was Principal Deputy Director of National Intelligence from 2009 to 2010. During 2010, he served as Acting Director of National Intelligence, in which capacity he provided strategic oversight of the U.S. Intelligence Community, and acted as the President’s chief intelligence advisor. Gompert is currently Distinguished Visiting Professor for National Security Studies at the United States Naval Academy, and Adjunct Senior Fellow of the RAND Corporation. He is a Trustee of Hopkins House Academy, a Director of the Rufus Porter Museum, a Director of Global Integrated Security (USA), Inc., a member of the Advisory Board of the Naval Academy Center for Cyber Security Studies, and Chairman of the Advisory Board of the Institute for the Study of Early Childhood Education. David A. Shlapak, Senior International Policy Analyst @ RAND. Andrew Scobell is a senior political scientist at the RAND Corporation. Prior to this he was an associate professor of international affairs at the George H. W. Bush School of Government and Public Service (with tenure) and director of the China certificate program at Texas A26M University in College Station, Texas. From 1999 until 2007, he was associate research professor in the Strategic Studies Institute at the U.S. Army War College and adjunct professor of political science at Dickinson College. http://www.rand.org/content/dam/rand/pubs/occasional_papers/2011/RAND_OP344.pdf-http://www.rand.org/content/dam/rand/pubs/occasional_papers/2011/RAND_OP344.pdf ETB~
The difficulties of direct defense could be greatly accelerated by Chinese development and ¶ use AND pace in quality if not quantity with Chinese advances in the military field.
Plan
The United States federal government should substantially increase restrictions on the war powers authority of the president of the United States by removing the authority to authorize the preemptive use of large-scale cyber-attacks, except in direct support of authorized United States military operations.
Solvency
The plan solves –
First, norm-setting — all eyes are on the U.S. —other countries model our use of OCOs — clear restrictions on use are essential
It’s reverse causal — lack of norms guarantee escalatory conflict — the U.S. is key
Lewis 11 Senior Fellow at CSIS (James Andrew, Confidence-building and international agreement in cybersecurity, citizenlab.org/cybernorms2012/Lewis2011.pdf)
Alternatives to a formal cyber treaty began to appear as early as 2008. Rejecting AND which states might concede a degree of sovereignty in exchange for greater security.
Second it solves perception — Congressionally initiated restriction is necessary to reverse the signal of independent presidential authority— now is key
Dycus 10 Professor of National Security Law Stephen is a Professor of national security law at Vermont Law School, former member of the National Academies committee on cyber warfare, LLM, Harvard University, LLB, BA, Southern Methodist University, "Congress’ Role in Cyber Warfare," Journal of National Security Law 26 Policy, 4(1), 2010, p.161-164, http://www.jnslp.com/read/vol4no1/11_Dycus.pdf-http://www.jnslp.com/read/vol4no1/11_Dycus.pdf
In his celebrated concurring opinion in The Steel Seizure Case, Justice Jackson cautioned that AND in order to be able to participate in the formulation of national policy.
Congressional restrictions on OCOs send a global signal of cyber leadership that solves reckless use of OCOs
Perhaps more important than being out of the cyber coordination loop, is the how AND put our nation at risk and demonstrates cyber irresponsiblity, not cyber leadership.
Congress must initiate the restriction — anything else is perceived as abdication
Hansen 26 Friedman 9 Professors at the New England School of Law, (Victor and Lawrence, The Case for Congress: Separation of Powers and the War on Terror, p.130)
The problem, of course, is that much of this congressional involvement has come AND more difficult for Congress to stand up to an assertive and aggressive president.
2AC
ASPEC
Should means desirable or recommended, not mandatory
Words and Phrases, 2002 ("Words and Phrases: Permanent Edition" Vol. 39 Set to Signed. Pub. By Thomson West. P. 372-373)
Or. 1952. Where safety regulation for sawmill industry providing that a two by AND .2d 839, 193 Or. 556.—-Labor 26 Emp. 2857
When our founders were drafting the Constitution, they went out of their way to AND successors.¶ They, too, worry about the temptations of a President.
Perm — do both — Congressional involvement makes the plan popular — the CP links to politics
Corcoran 11 —- Professor of Law and Director at University of New Hampshire School of Law (March 2011, Erin M., University of New Hampshire Law Review, "Obama’s Failed Attempt to Close Gitmo: Why Executive Orders Can’t Bring About Systemic Change," 9 U.N.H. L. Rev. 207)) Finally, this example highlights that issuing unilateral executive orders, and then asking Congress AND and can use this knowledge when advancing the President’s future controversial policy changes.
2. Triggers litigation, OLC can’t speak to statutes, and White House Counsel Circumvents
Bruce Ackerman 11, Sterling Professor of Law and Political Science at Yale University, "LOST INSIDE THE BELTWAY: A REPLY TO PROFESSOR MORRISON," Harvard Law Review Forum Vol 124:13, http://www.harvardlawreview.org/media/pdf/vol124forum_ackerman.pdf To see why, consider that the relationship between the WHC and the OLC is AND act of legal usurpation — even if that’s precisely what is happening.72
3. OLC Links to Politics
Eric Posner 11, the Kirkland 26 Ellis Professor, University of Chicago Law School. "DEFERENCE TO THE EXECUTIVE IN THE UNITED STATES AFTER 9/11 CONGRESS, THE COURTS AND THE OFFICE OF LEGAL COUNSEL" available at http://www.law.uchicago.edu/academics/publiclaw/index.html. These two events neatly encapsulate the dilemma for OLC, and indeed all the president’s AND OLC only because he believes that OLC will strengthen his hand on net.
5. OLC either rubber stamps the prez or gets ignored
6. OLC has to be neutral- the link to politics proves the CP guts solvency and prevents their shielding arguments
Posner 11 - Kirkland 26 Ellis Professor, University of Chicago Law School (Eric A. Posner, "Deference To The Executive In The United States After September 11: Congress, The Courts, And The Office Of Legal Counsel", http://www.harvard-jlpp.com/wp-content/uploads/2012/01/PosnerFinal.pdf)
A question naturally arises about the OLC’s incentives. I have assumed that the OLC AND will be ignored. In no circumstance could it be a constraint. 53
I admit to being a bit puzzled myself, if for slightly different reasons. AND unthinkable as it seems, would not be without precedent for this president.
AT SOP
No SOP impact – built-in checks prevent tyranny, and Redish’s data is flawed.
Beerman, 1990 Jack Beermann, Professor of Law, Boston University School of Law, Case Western Reserve University, 1990, 40 Case W. Res. 1053
Professor Redish’s attack on "democracy bashers" is overstated in a way symptomatic of AND an active judicial role in interpreting and applying statutes violates separation of powers.
The final reason why presidential power has increased relates to the rise of a ¶ AND In those circumstances, the power of the Presidency is effectively ¶ unchecked.
Adrian Vermeule, John H. Watson, Jr. Professor of Law @ Harvard
According to Posner and Vermeule, we now live under an administrative state providing welfare AND and judge law have to defer to the power that administers the law.
As the government shutdown enters its third day, Democrats and Republicans seem no closer AND said, will give Republicans more areas where they can look for victory.
The plan is a concession – dems would have to vote for the plan which appeases the GOP – causes a deal
"We have to get something out of this": This is where Rep. AND Boehner spin it any way he wants to simply get the government open.
Plan boosts Obama’s capital without triggering a fight over authority
Kriner 10 Douglas Kriner, Assistant Profess of Political Science at Boston University, 2010, After the Rubicon: Congress, Presidents, and the Politics of Waging War, p. 59-60
Presidents and politicos alike have long recognized Congress’s ability to reduce the political costs that AND .S. interests or the constitutionality of the War Powers Resolution."36
Obama won’t fight the plan
Howell and Pevehouse 7 William Howell and Jon Pevehouse, Associate Professors at the Harris School of Public Policy at the University of Chicago, 2007, When Congress Stops Wars, Foreign Affairs, EBSCO
After all, when presidents anticipate congressional resistance they will not be able to overcome AND Pace, so as to avoid a clash with Congress over his reappointment.
The White House’s distance diplomacy with Republicans is an approach that tacitly acknowledges three inescapable AND the president’s always had a "laissez-faire" approach to Congress.
The U.S. debt ceiling deadline may be looming like dark clouds over AND has gone relatively smoothly since early this year despite the onslaught of criticism.
With no movement on either side and the debt ceiling fast approaching, there’s increasing AND around, again, Clinton is advising Obama to call the GOP’s bluff.
No impact to econ decline
Miller 2k (Morris, economist, adjunct professor in the University of Ottawa’s Faculty of Administration, consultant on international development issues, former Executive Director and Senior Economist at the World Bank, Winter, Interdisciplinary Science Reviews, Vol. 25, Iss. 4, "Poverty as a cause of wars?" p. Proquest)
The question may be reformulated. Do wars spring from a popular reaction to a AND by increasing repression (thereby using one form of violence to abort another).
President Barack Obama’s nominee to lead the Federal Energy Regulatory Commission abandoned his quest Tuesday AND , while his supporters lamented that partisan bickering had defeated a qualified candidate.
As he battles with congressional Republicans over the budget and the debt ceiling, and AND will not negotiate with the GOP in Congress over extending the debt ceiling.
"In an era of polarized parties and a fragmented Congress, the opportunities to AND a partisan content, with contemporary complaints coming from the incumbent president’s opponents."
No sooner had the President delivered his speech, than superficial narratives on Obama not AND -East – while his administration aggressively confronts the undeniable reality of terrorism.
This solves every warrant in their link ev
Corcoran 11 —- Professor of Law and Director at University of New Hampshire School of Law (March 2011, Erin M., University of New Hampshire Law Review, "Obama’s Failed Attempt to Close Gitmo: Why Executive Orders Can’t Bring About Systemic Change," 9 U.N.H. L. Rev. 207)) Overall, there are several advantages of using legislation to mobilize systemic change. First, by having Congress draft legislation, the members are invested in its outcome. Second, by allowing Congress to author the details, often times the parochial concerns of members can be accommodated with little contention. Finally, if Congress debates the merits of a plan and votes to support it, the members are more likely to fund its implementation. ~*231~
This is net more popular, avoids rollback, and amplifies all our international perception advantages
Moss 2, Associate Dean for Academic Programs in the Industrial College of the Armed AND and War Powers: Keeping the Constitutional Balance, Fletcher Forum of World Affairs More importantly, as in any debate and vote on the use of traditional military AND cannot be given an instrument of warfare over which Congress has no power.
Politics
Neither side will blink—-shutdown proves GOP will allow a default over delaying Obamacare
In their first meeting since a budget impasse shuttered many federal operations, President Obama AND out their threat to withhold approval for an increase in the debt ceiling.
President Obama held a press event in which he accused Republicans of pursuing "an AND getting to such a "principled" compromise any time all that soon.
The argument goes something like this: The cast-iron conservatives were going to AND , it’s that assuming that normal political math works is a fool’s errand.
There’s no question that Democrats are in a stronger position today, at least as AND brief. Once that changes, the economic impact will change with it.
Their thinking is based on the idea that Republicans will have more leverage on the AND Americans disagree with the president who wants the debt ceiling raised without conditions.
GOP would view the plan as a concession – guarantees a deal
The Republicans are divided between "military hawks" and "neo-isolationists." AND the support of both the humanitarian interventionists and perhaps even some military hawks.
President Obama has had a tough year. He failed to pass gun legislation. AND by the president’s recent troubles, says former GOP leadership aide Ron Bonjean.
We have various laws that require the federal government to disburse money. However, AND . It’s long past time for the business community to stage an intervention.
These concerns can be largely addressed by legislation or pre-emptive action by the AND . Treasurys with the halo of being safe relative to other sovereign debt.
Democrats have use doomsday rhetoric about a looming government shutdown and comparing the U. AND ," and raising the debt limit will become an imperative, he suggested.
Congress is debating a debt ceiling agreement, and they are playing with the public’s AND pick up our buckets and scoop out the waste that’s sinking the ship.
Political historian Thomas Whalen believes another credit downgrade need not happen this time. " AND It won’t be long enough to have all these long-term impacts."
Of course the Obama administration is already warning of Armageddon if Congress doesn’t raise the AND country. Our economy will not long survive government spending at those levels.
Security analysts are predicting that 2013 is when nation-sponsored cyberwarfare goes mainstream — AND are particularly vulnerable, according to numerous assessments delivered to Congress last year.
Specifically, cyber attacks risk retaliatory cycles and arms races
Although setting up a cybersecurity working group with China, Washington has also signaled it AND , the risk of it spilling over into kinetic hostilities will only grow.
Cyber arms race causes world war — there are no checks on escalation, deterrence doesn’t apply, and only a certain commitment to the plan solves
CSM 11 Christian Science Monitor (3/7, Mark Clayton, The new cyber arms race, www.csmonitor.com/USA/Military/2011/0307/The-new-cyber-arms-race)
The new cyber arms race Tomorrow’s wars will be fought not just with guns, AND use of cyberattack is ill-formed, undeveloped, and highly uncertain."
Congressional constraints of OCOs are key to solve — otherwise nuclear war is inevitable from arms-racing, command and control hacking, crisis instability, and fracturing nuclear agreements
The United States is racing for the technological frontier in military and intelligence uses of AND be every bit as reasonable given their anxiety about unconstrained American cyber superiority.
And independently, cyber preemption escalates to shooting war
As in the 1960s, the speed of war is rapidly accelerating. Then, AND . Thus, the nation attacked might well respond with "kinetic activity."
Cyberwar escalates:
A) Speed, scope, and spoofing
Clarke and Knake ’12 (Richard (former National Coordinator for Security, Infrastructure Protection, and Counter-terrorism for the United States) and Robert (Cybersecurity and homeland security expert at the Council on Foreign Relations), Cyber War: The Next Threat to National Security and What to Do About It, Harper Collins Books, 2012, RSR)
In our hypothetical exercise, the Chinese response aimed at four U.S. AND .¶ But what about collateral damage in the country that is being targeted?
b) Pressure to retaliate
Owens et al 9 (William A. Owens, as an Admiral in the United States Navy and later Vice Chairman of the Joint Chiefs of Staff, Kenneth W. Dam, served as Deputy Secretary of the Treasury from 2001 to 2003, where he specialized in international economic development, Herbert S. Lin, Senior Scientist and Study, "Technology, Policy, Law, and Ethics Regarding U.S. Acquisition and Use of Cyberattack Capabilities" 4/27/2009, http://www.lawfareblog.com/wp-content/uploads/2013/01/NRC-Report.pdf-http://www.lawfareblog.com/wp-content/uploads/2013/01/NRC-Report.pdf, KB)
But in many kinds of cyberattack, the magnitude of the impact of the ¶ AND . Such a situation has ¶ obvious potential for inappropriate and unintended escalation.
C) Signaling failures
Mulvenon et al. 10 ~Edited by Dr. James C. Mulvenon and ¶ Dr. Gregory J. Rattray ¶ Authors: Matt Devost, Maeve Dion, Jason Healey, ¶ Bob Gourley, Samuel Liles, James C. Mulvenon, Hannah Pitts, Gregory J. Rattray. Addressing Cyber Instability. Cyber Conflict Studies Association. ETB~
Signaling, whether prior to the initiation of conflict or during its ¶ various escalatory AND not altogether under the control of the ¶ entity making the threat."66
Adv 2: Alliances
Congressional restrictions necessary for allied cooperation— restoring legitimacy to OCOs is key to cyber coalitions
Military commanders have seen the no-legal-limits movie before and they do AND impact on coalition support that the mere perception of American lawlessness can have.
The small concession of the plan is key — it increases key flexibility and secures cyberspace
Lord et al 11 Vice President and Director of Studies at the Center for a New American Security (Kristin M., Travis Sharp is the Bacevich Fellow at the Center for a New American Security. Joseph S. Nye, Jr. is University Distinguished Service Professor at the Kennedy School of Government at Harvard University. Mike McConnell is Executive Vice President of Booz Allen Hamilton and former Director of National Intelligence and Director of the National Security Agency. Gary McGraw is Chief Technology Officer of Cigital, Inc., a software security consultancy, and author of eight books on software security. Nathaniel Fick is Chief Executive Officer of the Center for a New American Security. Thomas G. Mahnken is Jerome E. Levy Chair of Economic Geography and National Security at the U.S. Naval War College and a Visiting Scholar at the Johns Hopkins School of Advanced International Studies. Gregory J. Rattray is a Partner at Delta Risk LLC and Senior Vice President for Security at BITS, the technology policy division of The Financial Services Roundtable. Jason Healey is Director of the Cyber Statecraft Initiative at the Atlantic Council and Executive Director of the Cyber Conflict Studies Association. Martha Finnemore is Professor of Political Science and International Affairs at The George Washington University. David A. Gross is a Partner at Wiley Rein LLP and a former Ambassador and Coordinator for International Communications and Information Policy at the State Department. Nova J. Daly is a Public Policy Consultant at Wiley Rein LLP and former Deputy Assistant Secretary for Investment Security in the Office of International Affairs at the Treasury Department. M. Ethan Lucarelli is an Associate at Wiley Rein LLP. Roger H. Miksad is an Associate at Wiley Rein LLP. James A. Lewis is a Senior Fellow and Director of the Technology and Public Policy Program at the Center for Strategic and International Studies. Richard Fontaine is a Senior Fellow at the Center for a New American Security. Will Rogers is a Research Associate at the Center for a New American Security. Christopher M. Schroeder is an Internet entrepreneur, Chief Executive Officer of HealthCentral.com and a member of the Center for a New American Security’s board of advisors. Daniel E. Geer, Jr. is Chief Information Security Officer of In-Q-Tel, the independent investment firm that identifies innovative technologies in support of the missions of the U.S. intelligence community. Robert E. Kahn is President and Chief Executive Officer of the Corporation for National Research Initiatives and co-inventor of the TCP/IP protocol that is the foundation of the modern Internet. Peter Schwartz is Co-Founder and Chairman of Global Business Network and a member of the Center for a New American Security’s board of directors, "America’s Cyber Future Security and Prosperity in the Information Age volume I" June 2011, http:// www.cnas.org/files/documents/publications/CNAS_Cyber_Volume20I_0.pdf-http://www.cnas.org/files/documents/publications/CNAS_Cyber_Volume I_0.pdf)
The United States should lead a broad, multi-stakeholder international cyber security coalition AND in a way that defends the nation without subverting what it stands for.
Squo offensive cyber doctrine creates a credibility gap that contributes to a perception of US weakness and undermines credibility
What’s more, John Arquilla has advocated taking offensive action against terrorist websites, and AND the most is the marketplace of ideas? Etc., etc., etc.
Alliances prevent nuclear war—-key to burden sharing
Douglas Ross 99 is professor of political science at Simon Fraser University, Winter 1998/1999, Canada’s functional ¶ isolationism and the future of weapons of mass destruction, International Journal, p. lexis Thus, an easily accessible tax base has long been available for spending much more AND world community have any plausible hope of avoiding warfare involving nuclear or other WMD
Coalition building key to solve extinction – disease, climate change, terrorism, and great power war
This book examines US hegemony and international legitimacy in the post-Cold War era AND rehabilitate the global leadership credentials of the United States under the Obama Administration.
Chinese anti-access capabilities critically depend on cyber — allied cooperation is key to counter them
In Pacific Forum’s PacNet ~2341 issue, Mihoko Matsubara correctly asserts that "countering AND create a strong force multiplier effect and should be considered a top priority.
China’s rapidly modernizing its military for an A2AD strategy — that fuels territorial disputes
A new report of the U.S. Defense Department says that China is AND and has other territorial disputes with regional neighbors in the South China Sea.
PLA doctrine proves Chinese aggression against Taiwan and the South China Sea are inevitable — A2AD is the linchpin of this capability
Yoshihara 10 (Dr. Toshi Yoshihara, Associate Professor in the Strategy and Policy Department at the Naval War College, former Visiting Professor at the U.S. Air War College, Ph.D. International Relations, The Fletcher School of Law and Diplomacy, Tufts University, M.A. International Relations, School of Advanced International Studies, Johns Hopkins University, B.S. International Relations, School of Foreign Service, Georgetown University, "Chinese Missile Strategy and the U.S. Naval Presence in Japan: The Operational View from Beijing," Naval War College Review, 7-1-2010, (... denotes non-US-ASCII text omitted) http://www.faqs.org/periodicals/201007/2046727461.html-http://www.faqs.org/periodicals/201007/2046727461.html)
In recent years, defense analysts in the United States have substantially revised their estimates AND which China might seek to conduct conventional missile operations against outside intervention.43
Taiwan crisis is imminent and causes nuclear war
Colby et al 13 Elbridgc A. Colby. cochair, is a principal analyst and drvison lead for global strategic affairs at the Center for Naval Analyses (CNA). where he focuses on strategy deterrence, nuclear weapons, and related issues. Previously, he served as policy adviser to the secretary of defense’s representative for the new Strategic Arms Reduction Treaty, as an expert adviser to the Congressional Strategic Posture Commission, as a staff member on the President’s Commission on the Intdhgcnce Capa biLities of the US. Regarding WMD. and in a number of other government positions. Mr. Colby also serves or has served as a consultant to a number of U.S government bodies. He publishes and speaks regularly on strategic issues in the United States. Europe, and Asia. Mr. Colby is a graduate of Harvard College and Yale Law School and is a member of the Council on Foreign Rdations (term) and of the International Institute of Strategic Studies Abraham M. Denmark. cochair. is vice president for political and security affairs at the National Bure-au of Asian Research (NBR) and is an Asia-Pacific security adviser at the Center for Naval Analyses. He manages NBR research programs, dialogues, projects, and initiatives reLated to po. litical and security issues in the Asia-Pacific region. He has experience both inside and outside of government, having previously worked as a fellow at the Center for a New American Security and as country director for China affairs in the Office of the Secretary of Deknse. Mr. Denmark holds an MA. in international security from the Josef Korbel Schoel of International Studies at the University of Denver and has studied at China’s Foreign Atfairs University and Peking Universit, Nuclear Weapons and U.S.-China Relations, http://csis.org/files/publication/130307_Colby_USChinaNuclear_Web.pdf-http://csis.org/files/publication/130307_Colby_USChinaNuclear_Web.pdf
Taiwan. Taiwan remains the single most plausible and dangerous source of tension and conflict AND of U.S. defense commitments in the Asia-Pacific region.
Despite America’s best efforts to construct stronger ties with China, relations in-between AND is also rapidly morphing into one of the world’s most sensitive nuclear hotspots.
Their defense doesn’t apply
Chinese fear of US cyber unilateralism means escalation is probable
Yet, Chinese media reports have filled some of the void with regards to ROE AND of action than its professed desire to conduct only defensive and nonaggressive operations.
Cyber stimulates risk taking and lowers conflict inhibition
Dobbins et al. ’11 ~Ambassador James F. Dobbins, a veteran diplomat and the current director of the RAND International Security and Defense Policy Center as well the US special representative for Afghanistan and Pakistan. David C. Gompert was Principal Deputy Director of National Intelligence from 2009 to 2010. During 2010, he served as Acting Director of National Intelligence, in which capacity he provided strategic oversight of the U.S. Intelligence Community, and acted as the President’s chief intelligence advisor. Gompert is currently Distinguished Visiting Professor for National Security Studies at the United States Naval Academy, and Adjunct Senior Fellow of the RAND Corporation. He is a Trustee of Hopkins House Academy, a Director of the Rufus Porter Museum, a Director of Global Integrated Security (USA), Inc., a member of the Advisory Board of the Naval Academy Center for Cyber Security Studies, and Chairman of the Advisory Board of the Institute for the Study of Early Childhood Education. David A. Shlapak, Senior International Policy Analyst @ RAND. Andrew Scobell is a senior political scientist at the RAND Corporation. Prior to this he was an associate professor of international affairs at the George H. W. Bush School of Government and Public Service (with tenure) and director of the China certificate program at Texas A26M University in College Station, Texas. From 1999 until 2007, he was associate research professor in the Strategic Studies Institute at the U.S. Army War College and adjunct professor of political science at Dickinson College. http://www.rand.org/content/dam/rand/pubs/occasional_papers/2011/RAND_OP344.pdf-http://www.rand.org/content/dam/rand/pubs/occasional_papers/2011/RAND_OP344.pdf ETB~
The difficulties of direct defense could be greatly accelerated by Chinese development and ¶ use AND pace in quality if not quantity with Chinese advances in the military field.
Plan
The United States federal government should substantially increase restrictions on the war powers authority of the president of the United States by removing the authority to authorize the preemptive use of large-scale cyber-attacks, except in direct support of authorized United States military operations.
Solvency
The plan solves –
First, norm-setting — all eyes are on the U.S. —other countries model our use of OCOs — clear restrictions on use are essential
It’s reverse causal — lack of norms guarantee escalatory conflict — the U.S. is key
Lewis 11 Senior Fellow at CSIS (James Andrew, Confidence-building and international agreement in cybersecurity, citizenlab.org/cybernorms2012/Lewis2011.pdf)
Alternatives to a formal cyber treaty began to appear as early as 2008. Rejecting AND which states might concede a degree of sovereignty in exchange for greater security.
Second it solves perception — Congressionally initiated restriction is necessary to reverse the signal of independent presidential authority— now is key
Dycus 10 Professor of National Security Law Stephen is a Professor of national security law at Vermont Law School, former member of the National Academies committee on cyber warfare, LLM, Harvard University, LLB, BA, Southern Methodist University, "Congress’ Role in Cyber Warfare," Journal of National Security Law 26 Policy, 4(1), 2010, p.161-164, http://www.jnslp.com/read/vol4no1/11_Dycus.pdf-http://www.jnslp.com/read/vol4no1/11_Dycus.pdf
In his celebrated concurring opinion in The Steel Seizure Case, Justice Jackson cautioned that AND in order to be able to participate in the formulation of national policy.
Congressional restrictions on OCOs send a global signal of cyber leadership that solves reckless use of OCOs
Perhaps more important than being out of the cyber coordination loop, is the how AND put our nation at risk and demonstrates cyber irresponsiblity, not cyber leadership.
Congress must initiate the restriction — anything else is perceived as abdication
Hansen 26 Friedman 9 Professors at the New England School of Law, (Victor and Lawrence, The Case for Congress: Separation of Powers and the War on Terror, p.130)
The problem, of course, is that much of this congressional involvement has come AND more difficult for Congress to stand up to an assertive and aggressive president.
With electronic infrastructure still up and running despite the government shutdown, the lack of AND creates a backlog and distracts people from securing the systems," Erlin said.
Air gapping empirically fails
Cobos ’12 ~Major Mark A. Cobos, United States Army, School of Advanced Military Studies United States Army Command and General Staff College Fort Leavenworth, Kansas. "Nodes and Codes: The Reality of Cyber Warfare." ETB~
In the fall of 2010, at the same time the Symantec Trio and Ralph AND in the Symantec and Langner blogs. Lynn concluded the article by declaring.
Adv 2
Independently, US-China cyber war collapses the economy and halts US-Sino cooperation on Iran and North Korea
Dobbins et al. ’11 ~Ambassador James F. Dobbins, a veteran diplomat and the current director of the RAND International Security and Defense Policy Center as well the US special representative for Afghanistan and Pakistan. David C. Gompert was Principal Deputy Director of National Intelligence from 2009 to 2010. During 2010, he served as Acting Director of National Intelligence, in which capacity he provided strategic oversight of the U.S. Intelligence Community, and acted as the President’s chief intelligence advisor. Gompert is currently Distinguished Visiting Professor for National Security Studies at the United States Naval Academy, and Adjunct Senior Fellow of the RAND Corporation. He is a Trustee of Hopkins House Academy, a Director of the Rufus Porter Museum, a Director of Global Integrated Security (USA), Inc., a member of the Advisory Board of the Naval Academy Center for Cyber Security Studies, and Chairman of the Advisory Board of the Institute for the Study of Early Childhood Education. David A. Shlapak, Senior International Policy Analyst @ RAND. Andrew Scobell is a senior political scientist at the RAND Corporation. Prior to this he was an associate professor of international affairs at the George H. W. Bush School of Government and Public Service (with tenure) and director of the China certificate program at Texas A26M University in College Station, Texas. From 1999 until 2007, he was associate research professor in the Strategic Studies Institute at the U.S. Army War College and adjunct professor of political science at Dickinson College. http://www.rand.org/content/dam/rand/pubs/occasional_papers/2011/RAND_OP344.pdf-http://www.rand.org/content/dam/rand/pubs/occasional_papers/2011/RAND_OP344.pdf ETB~
Having conducted repeated intrusions into U.S. networks to exfiltrate sensitive data ¶ AND loss of confidence in network security. There would be no "winner."
Economic collapse causes nuclear conflicts
Burrows and Harris 9 Mathew J. Burrows counselor in the National Intelligence Council and Jennifer Harris a member of the NIC’s Long Range Analysis Unit "Revisiting the Future: Geopolitical Effects of the Financial Crisis" The Washington Quarterly 32:2 https://csis.org/files/publication/twq09aprilburrowsharris.pdf
Increased Potential for Global Conflict¶ Of course, the report encompasses more than economics AND and between states in a more¶ dog-eat-dog world.¶
US-China co-op key to solve Iranian prolif
Tisdall ’05 Simon Tisdall, World Briefing Columnist, The Guardian (London), September 21, 2005
North Korea’s unexpected pledge this week to abandon its nuclear weapons appears to be the AND the east, which also holds the key to the west’s Iranian impasse.
A. Recently I was at a dinner with a writer who had just interviewed AND would be a war that would never end, in terms of consequences.
Cooperation over Korea key to check war
Xu ’01 Xianquan Xu, Senior Research Fellow, Chinese Academy, International Trade and Economic Coop, 2001 (China, the United States, and the Global Economy, Shuxun Chen 26 Charles Wolf, p. 268)
In terms of security and stability in Northeast Asia, outstanding is North Korea and AND South Korea—a near-term interest that Washington and Beijing share.
The second choice is for the Americans to initiate military action to knock out the AND They would end up finding themselves reduced to a second-class nuclear power
As the government shutdown enters its third day, Democrats and Republicans seem no closer AND said, will give Republicans more areas where they can look for victory.
The plan is a concession – dems would have to vote for the plan which appeases the GOP – causes a deal
The White House’s distance diplomacy with Republicans is an approach that tacitly acknowledges three inescapable AND the president’s always had a "laissez-faire" approach to Congress.
The U.S. debt ceiling deadline may be looming like dark clouds over AND has gone relatively smoothly since early this year despite the onslaught of criticism.
With no movement on either side and the debt ceiling fast approaching, there’s increasing AND around, again, Clinton is advising Obama to call the GOP’s bluff.
No impact to econ decline
Miller 2k (Morris, economist, adjunct professor in the University of Ottawa’s Faculty of Administration, consultant on international development issues, former Executive Director and Senior Economist at the World Bank, Winter, Interdisciplinary Science Reviews, Vol. 25, Iss. 4, "Poverty as a cause of wars?" p. Proquest)
The question may be reformulated. Do wars spring from a popular reaction to a AND by increasing repression (thereby using one form of violence to abort another).
As he battles with congressional Republicans over the budget and the debt ceiling, and AND will not negotiate with the GOP in Congress over extending the debt ceiling.
Cy deterrence
Cyber det low and fails
Clarke and Knake ’10 ~Richard Alan Clarke is the former National Coordinator for Security, Infrastructure Protection, and Counter-terrorism for the United States. Robert K. Knake, Former international affairs fellow in residence @ CFR. Cyber War. ETB~ ’ With a nuclear detonation, one could be fairly certain about ¶ what would happen AND prevention, plays no significant role in stop¶ ping cyber war today.
Non-unique — cyber arms race and use is inevitable now — I did that analysis on case — it’s try or die for a restrained strategy — active defense causes Cyberwar
McGraw 12, Member of the IEEE Computer Society Board of Governors, Gary McGraw AND , Gary McGraw has served on the IEEE Computer Society-http://en.wikipedia.org/wiki/IEEE_Computer_Society Board of Governors. Creating a cyber-rock is cheap. Buying a cyber-rock is even AND that exploits are sexy and engineering is, well, not so sexy.
A substantial portion of Goldsmith’s book presents in detail his case that various forces outside AND little understanding of the broader implications of tying down the president with legalisms.
Stronger statutory checks on Presidential war powers increase credibility
Matthew C. Waxman 13, Professor of Law at Columbia Law School; Adjunct Senior Fellow for Law and Foreign Policy, Council on Foreign Relations, "The Constitutional Power to Threaten War", Forthcoming in Yale Law Journal, vol. 123 (2014), 8/25/2013, PDF
A second argument, this one advanced by some congressionalists, is that stronger legislative AND by pointing foreign actors to the appropriate institution or process for reading them.
It’s impossible for the president to remain adequately flexible on cyber
Such interpretive reorientation raises subsidiary doctrinal issues that¶ might not sit comfortably with extant AND attacks may be much more consequential than the¶ direct and immediate ones.
CP
Turn — Miscalc — only the plan solves deterrence failures
Lord et al 11, Vice President and Director of Studies at the Center for a New American Security (Kristin M., Travis Sharp is the Bacevich Fellow at the Center for a New American Security. Joseph S. Nye, Jr. is University Distinguished Service Professor at the Kennedy School of Government at Harvard University. Mike McConnell is Executive Vice President of Booz Allen Hamilton and former Director of National Intelligence and Director of the National Security Agency. Gary McGraw is Chief Technology Officer of Cigital, Inc., a software security consultancy, and author of eight books on software security. Nathaniel Fick is Chief Executive Officer of the Center for a New American Security. Thomas G. Mahnken is Jerome E. Levy Chair of Economic Geography and National Security at the U.S. Naval War College and a Visiting Scholar at the Johns Hopkins School of Advanced International Studies. Gregory J. Rattray is a Partner at Delta Risk LLC and Senior Vice President for Security at BITS, the technology policy division of The Financial Services Roundtable. Jason Healey is Director of the Cyber Statecraft Initiative at the Atlantic Council and Executive Director of the Cyber Conflict Studies Association. Martha Finnemore is Professor of Political Science and International Affairs at The George Washington University. David A. Gross is a Partner at Wiley Rein LLP and a former Ambassador and Coordinator for International Communications and Information Policy at the State Department. Nova J. Daly is a Public Policy Consultant at Wiley Rein LLP and former Deputy Assistant Secretary for Investment Security in the Office of International Affairs at the Treasury Department. M. Ethan Lucarelli is an Associate at Wiley Rein LLP. Roger H. Miksad is an Associate at Wiley Rein LLP. James A. Lewis is a Senior Fellow and Director of the Technology and Public Policy Program at the Center for Strategic and International Studies. Richard Fontaine is a Senior Fellow at the Center for a New American Security. Will Rogers is a Research Associate at the Center for a New American Security. Christopher M. Schroeder is an Internet entrepreneur, Chief Executive Officer of HealthCentral.com and a member of the Center for a New American Security’s board of advisors. Daniel E. Geer, Jr. is Chief Information Security Officer of In-Q-Tel, the independent investment firm that identifies innovative technologies in support of the missions of the U.S. intelligence community. Robert E. Kahn is President and Chief Executive Officer of the Corporation for National Research Initiatives and co-inventor of the TCP/IP protocol that is the foundation of the modern Internet. Peter Schwartz is Co-Founder and Chairman of Global Business Network and a member of the Center for a New American Security’s board of directors, "America’s Cyber Future Security and Prosperity in the Information Age volume I" June 2011, http:// www.cnas.org/files/documents/publications/CNAS_Cyber_Volume20I_0.pdf-http://www.cnas.org/files/documents/publications/CNAS_Cyber_Volume I_0.pdf) The Department of Defense, the intelligence community, the Department of Justice, AND attributed to them, which will help deter them in the first place.
2ac- Agamben
Life should be valued as apriori – it precedes the ability to value anything else
Amien Kacou. 2008. WHY EVEN MIND? On The A Priori Value Of "Life", Cosmos and History: The Journal of Natural and Social Philosophy, Vol 4, No 1-2 (2008) cosmosandhistory.org/index.php/journal/article/view/92/184 Furthermore, that manner of finding things good that is in pleasure can certainly not AND and desire. Perhaps, our inquiry should be a bit more complex.
Risk framing empowers agency and is key to solve the alt by broadening coalitions AGAINST the state
Borraz, ’7 ~OLIVIER BORRAZ Centre de Sociologie des Organisations, Sciences Po-CNRS, Paris, "Risk and Public Problems," Journal of Risk Research, 10, 7, Oct 2007, 941-957~ First, risk is the result of a dynamic, haphazard, controversial and unstable AND dimensions surrounding that activity (its benefits, use, effects, etc.).
Perm solves and case is a net benefit – only by strategically utilizing biopolitical tools like apocalyptic imagery and policy reform can we resist biopower
JL Schatz. 2012. Professor of English and Feminist Evolutionary Studies 26 Director of Debate at Binghamton University. The Importance of Apocalypse: The Value of End-Of-The-World Politics While Advancing Ecocriticism. Journal of Ecocriticism: A New Journal of Nature, Society and Literature. 4(2)
Anything is justified in the name of saving the environment because it is a question AND where multitudes, and not governments, guide the fate of the planet.
Agamben’s use of the concept "bare life" is devoid of historical context to the point of meaninglessness
Thomas Lemke. 2011. Former assistant professor of sociology at Wuppertal U and research fellow at the Institute for Social Research in Frankfurt. Biopolitics: an advanced introduction. P 63 Agamben’s attempt to correct and amend Foucault (cf. 1998, 9) AND strict and dichotomous apportionment of nature and politics (cf. DeuberMankowsky 2002).
no root cause of war
Greg Cashman. 2000. Professor of Political Science at Salisbury State University "What Causes war?: An introduction to theories of international conflict" pg. 9 Two warnings need to be issued at this point. First, while we have AND , but also a certain element of randomness or chance in their occurrence.
Agamben collapses the distinction between democracies and totalitarianism and overexaggerates the extent of bare life
Thomas Lemke. 2011. Former assistant professor of sociology at Wuppertal U and research fellow at the Institute for Social Research in Frankfurt. Biopolitics: an advanced introduction. P 55-6. Agambens reconstruction of the interrelationships between sovereign rule and biopolitical exception results in an unsettling AND homo sacer is "forever and everywhere" (Werber 2002, 622).
1AR
K
Emergencies don’t turn the case – their theory ignores too many other factors
This raises an important question: Should America wage war— cyber or AND because they have hard experience with the consequences of failing to do so.
No risk of continual war making – institutional safeguards check
Allen Buchanan 7, Professor of Philosophy and Public Policy at Duke, 2007 (Preemption: military action and moral justification, pg. 128) The intuitively plausible idea behind the ’irresponsible act’ argument is that, other things being AND make it irresponsible for a leader to invoke the preventive-war justification.
Prez will adhere to congressional constraints- fear of political costs
In addition to the constraining influence arising from the internalization of legal norms by executive AND ¶ do not see any normative significance in the legal rule in question.
Institutional checks on biopower can be effective
Nasser Hussain and Melissa Ptacek. 2000. Department of History, University of California, Berkeley, Law And Society Review, v34 n2.
Here once again we are forced to question Agamben’s teleological mode of thought. Is AND this regard, we find his concluding musings on Heidigger to be suggestive.
The concept of bare life reinforces the ideology they critique – it is more useful to overcome the limits of power through the political action of the aff
Cesarino 26 Negri. 2004. (Cesare, associate professor of cultural studies, Antonio, professor emeritus @ the Collège International de Philosophie, "It’s a Powerful Life: A Conversation on Contemporary Philosophy," Cultural Critique, Vol. 57, Spring 2004, pg. 172-173) I believe Giorgio is writing a sequel to Homo Sacer, and I feel that AND of the process of constitution, from the standpoint of power ~potenza~?
Social movements must work with and along-side legal institutions. Rejection of the law kills solvency.
Peter Gabel, former President and Professor of Law at New College of California, 2009 ("LAW AND ECONOMICS, CRITICAL LEGAL STUDIES, AND THE HIGHER LAW: CRITICAL LEGAL STUDIES AS A SPIRITUAL PRACTICE." 36 Pepp. L. Rev. 515. Lexis ) This calls not for a rejection of past CLS work, but for a reclaiming AND new, more spiritually confident work yet to be written by the young.
In addition to the constraining influence arising from the internalization of legal norms by executive AND ¶ do not see any normative significance in the legal rule in question.
Paulson ’ s genuflection and Obama ’ s reticence, I will contend here, AND political actors’ exertions and legal rules will prove effective in limiting such discretion.
The Executive Unbound paints a n image of executive discretion almost or completely unbridled by AND up the statutory status quo ante play a role in delimiting executive discretion.
There is some merit to this story. But in my view it again understates AND account of executive discretion that omits law and legal institutions will be incomplete .
Our risk assessment critical to transforming the public sphere—leads to democratic decision making
Borraz, 2007 ~OLIVIER BORRAZ Centre de Sociologie des Organisations, Sciences Po-CNRS, Paris, "Risk and Public Problems," Journal of Risk Research, 10, 7, Oct 2007, 941-957~ These studies seem to suggest that risk is a way of framing a public problem AND seem to suggest that similar social problems could well be re-politicized,
i.e., taken up by new social movements, producing and using AND rifts stemming from antagonistic views of science, democracy and the world order.
Perm solves and case is a net benefit – only by strategically utilizing biopolitical tools like apocalyptic imagery and policy reform can we resist biopower
JL Schatz. 2012. Professor of English and Feminist Evolutionary Studies 26 Director of Debate at Binghamton University. The Importance of Apocalypse: The Value of End-Of-The-World Politics While Advancing Ecocriticism. Journal of Ecocriticism: A New Journal of Nature, Society and Literature. 4(2)
Anything is justified in the name of saving the environment because it is a question AND where multitudes, and not governments, guide the fate of the planet.
Rejection of sovereign exception fails and results in more violence
Moreiras, 2004. professor, romance studies and literature – Duke University. Alberto, CR: The New Centennial Review, 4.3.
But Rasch remains a Schmittian, not a Benjaminian. For him, no interruption AND as an absolutely inappropriatable and unjuridifiable good" (Agamben 2003, 83).
10/6/13
Kentucky Round 6 - Aff v Emory KM
Tournament: Kentucky | Round: 6 | Opponent: Emory KM | Judge: Sean Kennedy
1AC
Advantage 1 - Terrorism
US is losing the War on Terrorism due to the proliferation of extra-AUMF Al Qaeda affiliates
The war against al Qaeda is not going well. Afghanistan has seen the most AND former while observing the latter to ensure that they do not change course.
Current AUMF ambiguity undermines effective counter-terrorism efforts against affiliates
Chesney et al. ’13 ~Robert Chesney is a ¶ professor at the University ¶ of Texas School of Law, a ¶ nonresident senior fellow ¶ of the Brookings Institution, ¶ and a distinguished scholar ¶ at the Robert S. Strauss ¶ Center for International ¶ Security and Law. He is a ¶ cofounder and contributor to ¶ the Lawfare Blog and writes ¶ frequently on topics relating ¶ to US counterterrorism ¶ policy and law. Jack Goldsmith is the Henry ¶ L. Shattuck Professor of ¶ Law at Harvard Law School ¶ and a member of the Hoover ¶ Institution’s Jean Perkins ¶ Task Force on National ¶ Security and Law. He served ¶ in the Bush administration as ¶ assistant attorney general, ¶ Office of Legal Counsel, from ¶ 2003 to 2004 and as special ¶ counsel to the general ¶ counsel from 2002 to 2003. Matthew C. Waxman ¶ is a professor of law at ¶ Columbia Law School, ¶ an adjunct senior fellow ¶ at the Council on Foreign ¶ Relations, and a member ¶ of the Hoover Institution’s ¶ Jean Perkins Task Force ¶ on National Security and ¶ Law. He previously served ¶ in senior positions at the ¶ State Department, Defense ¶ Department, and National ¶ Security Council. Benjamin Wittes is a senior ¶ fellow in governance ¶ studies at the Brookings ¶ Institution, a member of ¶ the Hoover Institution’s ¶ Jean Perkins Task Force ¶ on National Security and ¶ Law, and the editor in chief ¶ of the Lawfare Blog. Jean Perkins Task Force on National Security and Law. http://media.hoover.org/sites/default/files/documents/Statutory-Framework-for-Next-Generation-Terrorist-Threats.pdf-http://media.hoover.org/sites/default/files/documents/Statutory-Framework-for-Next-Generation-Terrorist-Threats.pdf ETB~
The September 2001 AUMF provides for the use of force against the entity ¶ responsible AND should ¶ do anything about this situation, and if so precisely what.
Clarifying "associated forces" is key to winning the WOT
The failure to define al Qaeda properly has confused American policy and strategy. The AND occasional battleground victories, but no ¶ real prospect of winning the war.
We’re at a turning point - the US must pivot to address the threat from al Qaeda affiliates - Congressional action is key because it provides legitimacy that induces public support for counter terrorism and international cooperation against terrorism
It has recently become clear, however, that the Al Qaeda threat that occupied AND is so critical to the success of our combined efforts against international terrorism.
Turning the tide is critical – al-Qaeda affiliates pose a high risk of nuclear and biological terrorism
Morgan 09 (Professor of Foreign Studies at Hankuk University, Dennis Ray, December, "World on fire: two scenarios of the destruction of human civilization and possible extinction of the human race" Futures, Vol 41 Issue 10, p 683-693, ScienceDirect)
In a remarkable website on nuclear war, Carol Moore asks the question "Is AND those steps and start through the accidental or reckless use of strategic weapons.
Bioattack causes extinction
Steinbrenner 97 (John D. Steinbrenner, Brookings Senior Fellow, 1997, Foreign Policy, "Biological weapons: a plague upon all houses," Winter, InfoTrac)
Although human pathogens are often lumped with nuclear explosives and lethal chemicals as potential weapons AND this might be, since there is no way to measure it reliably.
New gene manipulation takes out their defense
MSNBC 2011 ("Clinton warns of bioweapon threat from gene tech," pg online @ http://www.msnbc.msn.com/id/45584359/ns/… "For an international verification system — akin to that for nuclear weapons — saying it is too complicated to monitor every lab’s activities.")
GENEVA — New gene assembly technology that offers great benefits for scientific research could also AND saying it is too complicated to monitor every lab’s activities around the world.
Ambiguity will force a collapse of operations in Yemen 26 Somalia
The drawdown in Afghanistan, combined with the expansion of the shadow war model, AND provides a useful illustration, or perhaps more accurately, a cautionary tale.
Defeating AQAP in Yemen is key—prevents regional attacks on nearby waterways
Terrill 13 ~Dr. W. Andrew Terrill, Research Professor of National Security Affairs, retired Lt. Col., Strategic Studies Institute and U.S. Army War College Press, June, "THE STRUGGLE FOR YEMEN AND THE CHALLENGE OF AL-QAEDA IN THE ARABIAN PENINSULA" http://www.strategicstudiesinstitute.army.mil/pubs/display.cfm?pubID=1157~~
U.S. support for Yemen remains important, and the United States must AND indicated by repeated AQAP efforts to attack the U.S. homeland.
New AQ merger proves a risk of waterway attack is high
The Horn of Africa is one of the most strategically critical regions in the world AND worlds lone superpower and it’s control of the world as we know it.
Triggers immediate global economic collapse
Korin 26 Luft 4 Anne Korin, Director of Policy and Strategic Planning at IAGS and Editor of Energy Security, and Gal Luft, Institute for the Analysis of Global Security, Nov/Dec Foreign Affairs, "Terrorism Goes to Sea" http://www.cfr.org/world/terrorism-goes-sea/p7545
Such experts, however, fail to realize that the popular perception that the international AND that pass through it each year are tankers carrying Russian and Caspian oil.
Global nuclear war
Royal 10 Jedediah, Director of Cooperative Threat Reduction at the U.S. Department of Defense, "Economic Integration, Economic Signaling and the Problem of Economic Crises," in Economics of War and Peace: Economic, Legal and Political Perspectives, ed. Goldsmith and Brauer, p. 213-215
Less intuitive is how periods of economic decline may increase the likelihood of external conflict AND not featured prominently in the economic-security debate and deserves more attention.
Advantage 2 - Legitimacy
Obama is using the ambiguity to interpret "associated forces" that fall under the AUMF to wage an endless war on terror
There is a storm brewing in Washington over the power to wage war. In AND useful limit on Executive branch speculation about the threat level of different groups.
Current AUMF provides the playbook needed to justify limitless wars. There is a small window of opportunity to prevent this from happening
Brooks 13 Professor of Law @ Georgetown University ~Rosa Brooks (Senior Fellow @ New America Foundation, Former Counselor to the Undersecretary of Defense for Policy @ Department of Defense, Former Special Coordinator for Rule of Law and Humanitarian Policy @ DOD and Recipient of the Secretary of Defense Medal for Outstanding Public Service-http://en.wikipedia.org/wiki/Secretary_of_Defense_Medal_for_Outstanding_Public_Service), "The Constitutional and Counterterrorism Implications of Targeted Killing," Testimony Before the Senate Judiciary Subcommittee on the Constitution, Civil Rights, and Human Rights, US Committee on the Judiciary, April 23, 2013, pg. http://tinyurl.com/kfaf749
Defenders of administration targeted killing policy acknowledge that the criteria for determining how to answer AND them to justify the killing of dissidents, rivals, or unwanted minorities?
This precedent erodes norms on the use of force. Only congressional restrictions prevent drone conflicts from quickly spiraling into nuclear wars.
Boyle 13 Professor of Political Science @ La Salle University ~Michael J. Boyle (Former Lecturer in International Relations and Research Fellow in the Centre for the Study of Terrorism and Political Violence @ University of St. Andrews), "The costs and consequences of drone warfare," International Affairs 89: 1 (2013) pg. 1–29
The race for drones¶ An important, but overlooked, strategic consequence of the AND -29 AT: Executive CP – Must be regulated by external actor
Independently, fracturing of al Qaeda creates legal instability over detention and drones strikes - plan is key to preserve their legitimacy
Chesney ’12 ~Robert Chesney ¶ University of Texas School of Law¶ August 29, 2012¶ Beyond the Battlefield, Beyond Al Qaeda: The Destabilizing Legal Architecture of Counterterrorism¶ Michigan Law Review, Forthcoming ¶ U of Texas Law, Public Law Research Paper No. 227. ETB~
Part I below fleshes out my baseline claim that the status quo legal architecture reached AND to require) and those that might usefully be addressed by statutory innovation.
Legitimacy’s the fundamental internal link to effective hegemony - power distributions perceived as illegitimate are the most likely causes of great power war
Finnermore 9 Martha Finnemore 9, professor of political science and international affairs at George Washington University, January 2009, "Legitimacy, Hypocrisy, and the Social Structure of Unipolarity: Why Being a Unipole Isn’t All It’s Cracked Up to Be," World Politics, Volume 61, Number 1
Legitimacy is, by its nature, a social and relational phenomenon. One’s position AND an expensive system to run and few unipoles have tried to do so.
Heg solves extinction
Barnett 11 (Thomas P.M. Former Senior Strategic Researcher and Professor in the Warfare Analysis 26 Research Department, Center for Naval Warfare Studies, U.S. Naval War College American military geostrategist and Chief Analyst at Wikistrat., worked as the Assistant for Strategic Futures in the Office of Force Transformation in the Department of Defense, "The New Rules: Leadership Fatigue Puts U.S., and Globalization, at Crossroads," March 7 http://www.worldpoliticsreview.com/articles/8099/the-new-rules-leadership-fatigue-puts-u-s-and-globalization-at-crossroads)
Events in Libya are a further reminder for Americans that we stand at a crossroads AND the 20th century, setting the stage for the Pacific Century now unfolding.
Plan
The United States federal government should restrict the 2001 Authorization for Use of Military Force to al-Qaeda, the Taliban, or those nations, organizations, or persons who enjoy close and well-established collaboration with al-Qaeda or the Taliban.
Solvency
Action to clearly define the enemy restricts the executive scope of the AUMF while preserving presidential flexibility and the joint decision-making capabilities
Cronogue ’12 ~Graham. Duke University School of Law, J.D. expected 2013; University of North Carolina B.A. 2010. 22 Duke J. Comp. 26 Int’l L. 377 2011-2012. ETB~
The AUMF must be updated. In 2001, the AUMF authorized force to ¶ AND those nations that present the greatest threat to the United States ¶ today.
Obama will adhere to the plan - wants to rely on congressional authority
Obama administration officials, concerned about the legal justifications behind counterterrorism operations, have preferred to rely on congressional authority for the use of force against al Qaeda, seeing such authority as more defensible and acceptable to allies.
Risk of nuclear terrorism is real and high now
Bunn, et al, 10/2/13 ~ 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-http://belfercenter.ksg.harvard.edu/publication/23430/steps_to_prevent_nuclear_terrorism.html~~
Introduction In 2011, Harvard’s Belfer Center for Science and International Affairs and the Russian AND the intention to acquire and use nuclear weapons is as strong as ever.
Most importantly, Obama announced that he intends to work closely with Congress to "refine, and ultimately repeal" the 2001 Authorization for the Use of Military Force (AUMF). Passed in the aftermath of 9/11, the AUMF gave the president broad authority to carry out military action against "those nations, organizations, or persons" who "planned, authorized, committed, or aided" the 2001 attack.
Obama will comply—-no circumvention
David J Barron 8, Professor of Law at Harvard Law School and Martin S. Lederman, Visiting Professor of Law at the Georgetown University Law Center, "The Commander in Chief at the Lowest Ebb — A Constitutional History", Harvard Law Review, February, 121 Harv. L. Rev. 941, Lexis In addition to offering important guidance concerning the congressional role, our historical review also AND the executive branch itself for most of our history of war powers development.
Obama is weak now - sending global signals of weakness and uncertainty
Put another way, the President made it clear a year ago that there was AND unsure nation. This is an image we can ill afford to project.
Stronger statutory checks on Presidential war powers increase credibility
Waxman 13 Matthew C. Waxman 13, Professor of Law at Columbia Law School; Adjunct Senior Fellow for Law and Foreign Policy, Council on Foreign Relations, "The Constitutional Power to Threaten War", Forthcoming in Yale Law Journal, vol. 123 (2014), 8/25/2013, PDF
A second argument, this one advanced by some congressionalists, is that stronger legislative AND by pointing foreign actors to the appropriate institution or process for reading them.
Indeed, contrary to the warning proponents of U.S. military intervention typically AND and now have a common interest in stabilizing Afghanistan and containing the rivalries.
Their impacts are empirically denied and inevitable
Some analysts, including Carnegie Endowment senior associate Robert Kagan, insist that were the AND man in a society that placed a premium upon independence and aggression.21
OLC CP
Triggers litigation, OLC can’t speak to statutes, and White House Counsel Circumvents
Bruce Ackerman 11, Sterling Professor of Law and Political Science at Yale University, "LOST INSIDE THE BELTWAY: A REPLY TO PROFESSOR MORRISON," Harvard Law Review Forum Vol 124:13, http://www.harvardlawreview.org/media/pdf/vol124forum_ackerman.pdf To see why, consider that the relationship between the WHC and the OLC is AND act of legal usurpation — even if that’s precisely what is happening.72
3. OLC Links to Politics
Eric Posner 11, the Kirkland 26 Ellis Professor, University of Chicago Law School. "DEFERENCE TO THE EXECUTIVE IN THE UNITED STATES AFTER 9/11 CONGRESS, THE COURTS AND THE OFFICE OF LEGAL COUNSEL" available at http://www.law.uchicago.edu/academics/publiclaw/index.html. These two events neatly encapsulate the dilemma for OLC, and indeed all the president’s AND OLC only because he believes that OLC will strengthen his hand on net.
5. OLC either rubber stamps the prez or gets ignored
6. OLC has to be neutral- the link to politics proves the CP guts solvency and prevents their shielding arguments
Posner 11 - Kirkland 26 Ellis Professor, University of Chicago Law School (Eric A. Posner, "Deference To The Executive In The United States After September 11: Congress, The Courts, And The Office Of Legal Counsel", http://www.harvard-jlpp.com/wp-content/uploads/2012/01/PosnerFinal.pdf)
A question naturally arises about the OLC’s incentives. I have assumed that the OLC AND will be ignored. In no circumstance could it be a constraint. 53
I admit to being a bit puzzled myself, if for slightly different reasons. AND unthinkable as it seems, would not be without precedent for this president.
As the government shutdown enters its third day, Democrats and Republicans seem no closer AND said, will give Republicans more areas where they can look for victory.
The plan is a concession – dems would have to vote for the plan which appeases the GOP – causes a deal
President Obama has had a tough year. He failed to pass gun legislation. AND by the president’s recent troubles, says former GOP leadership aide Ron Bonjean.
The White House’s distance diplomacy with Republicans is an approach that tacitly acknowledges three inescapable AND the president’s always had a "laissez-faire" approach to Congress.
Global warming has already harmed the world’s food production and has driven up food prices AND damage in England in 2000 were made two to three times more likely.
Along with fast-rising fuel prices, weather-induced crop shortfalls also are AND doubled since last year, and wheat prices remain at near record highs.
The U.S. debt ceiling deadline may be looming like dark clouds over AND has gone relatively smoothly since early this year despite the onslaught of criticism.
With no movement on either side and the debt ceiling fast approaching, there’s increasing AND around, again, Clinton is advising Obama to call the GOP’s bluff.
As he battles with congressional Republicans over the budget and the debt ceiling, and AND will not negotiate with the GOP in Congress over extending the debt ceiling.
Security K
Life should be valued as apriori – it precedes the ability to value anything else
Amien Kacou. 2008. WHY EVEN MIND? On The A Priori Value Of "Life", Cosmos and History: The Journal of Natural and Social Philosophy, Vol 4, No 1-2 (2008) cosmosandhistory.org/index.php/journal/article/view/92/184 Furthermore, that manner of finding things good that is in pleasure can certainly not AND and desire. Perhaps, our inquiry should be a bit more complex.
Risk framing empowers agency and is key to solve the alt
Borraz, ’7 ~OLIVIER BORRAZ Centre de Sociologie des Organisations, Sciences Po-CNRS, Paris, "Risk and Public Problems," Journal of Risk Research, 10, 7, Oct 2007, 941-957~
First, risk is the result of a dynamic, haphazard, controversial and unstable AND dimensions surrounding that activity (its benefits, use, effects, etc.).
Fear is inevitable and productive – denying fear worse than danger control
Sandman and Lanard 2003 Peter M. PhD in Communications and Professor at Rutgers specialzing in crisis communication; Jody, Psychiatrist, Sept 7, "Fear of fear"
Let’s start with the obvious. Any normal person is going to be more anxious AND have a much tougher time explaining the reasons why they needn’t be afraid.
No risk of continual war making – institutional safeguards check
Allen Buchanan 7, Professor of Philosophy and Public Policy at Duke, 2007 (Preemption: military action and moral justification, pg. 128) The intuitively plausible idea behind the ’irresponsible act’ argument is that, other things being AND make it irresponsible for a leader to invoke the preventive-war justification.
Imperialism is key to stop war, terrorism and disease spread
Niall Ferguson. 2004. Historian @ NYU, COLLOSSAS: THE PRICE OF AMERICA’S EMPIRE, pp. 24-5
Unlike the majority of European writers who have written on this subject, I am AND correct themselves. They require the imposition of some kind of external authority.
The alt results in more securitization and intervention
Tara McCormack, 2010, is Lecturer in International Politics at the University of Leicester and has a PhD in International Relations from the University of Westminster. 2010, (Critique, Security and Power: The political limits to emancipatory approaches, page 127-129)
The following section will briefly raise some questions about the rejection of the old security AND the political limits of the framework proposed by critical and emancipatory theoretical approaches.
Prefer specific scenarios – even if we invoke some security logic, the fact that others will securitize means that we have to make worst-case assessments to avoid escalation
Ole Waever, Senior Research Fellow – Copenhagen Peace Research Inst., 2K (I. R. Theory 26 the Politics of European Integration, ed Kelstrup/Williams p. 282-285)
The other main possibility is to stress responsibility. Particularly in a field like security AND that could lead to security dilemmas and escalations, violence and mutual vilification.
Threats are real
Ravenal ’9 ~Earl C. Ravenal, distinguished senior fellow in foreign policy studies @ Cato, is professor emeritus of the Georgetown University School of Foreign Service. He is an expert on NATO, defense strategy, and the defense budget. He is the author of Designing Defense for a New World Order. What’s Empire Got to Do with It? The Derivation of America’s Foreign Policy." Critical Review: An Interdisciplinary Journal of Politics and Society 21.1 (2009) 21-75~
Quite expectedly, the more doctrinaire of the non-interventionists take pains to deny AND or to a lack of sufficient imagination to exploit opportunities for personal profit.
Rejecting security allows private forces to fill in the security vacuum left by the state resulting in more violent forms of securitization
Loader and Walker 07 Ian and Neil, professor of criminology and Director of the center for Criminology at Oxford Professor of European Law European University Institute Florence , Civilizing Security, pg 22-25) Today it cannot be assumed that the state remains pre-eminent in either authorizing AND the autonomy of human society. (Bauman and Tester 2001: 139)
1AR
Terrorism Adv
High risk of nuclear terrorism- multiple facets of acquisition and use
There is growing concern in the world about the threat of nuclear terrorism. There AND accustomed to. Authoritarian states could be expected to adopt even more restrictive measures
Three years ago this week, President Barack Obama signed the New START treaty with AND . Unfortunately (and scarily), obtaining the materials to build one isn’t.
Even a 1 risk of nuclear terrorism demands action
Bunn 10 Matthew Bunn, (Prof., Government, Harvard U.), DEBATING TERRORISM AND COUNTERTERRORISM: CONFLICTING PERSPECTIVES ON CAUSES, CONTEXTS, AND RESPONSES, 2010, 179.
The fact is that estimates and models of fundamentally unknown probabilities only go so far AND as much as they should to address the multifaceted threat of nuclear terrorism.
Causes miscalc and nuclear war with Russia and China
Ayson 10 (Professor of Strategic Studies and Director of the Centre for Strategic Studies: New Zealand at the Victoria University of Wellington, Robert, "After a Terrorist Nuclear Attack: Envisaging Catalytic Effects," Studies in Conflict 26 Terrorism, Volume 33, Issue 7, July, Available Online to Subscribing Institutions via InformaWorld)
Washington’s early response to a terrorist nuclear attack on its own soil might also raise AND be admitted that any preemption would probably still meet with a devastating response.
A nuclear terror attack on the U.S. will compel retaliatory lashout- escalates to global nuclear war
Speice 6 – 06 JD Candidate @ College of William and Mary ~Patrick F. Speice, Jr., "NEGLIGENCE AND NUCLEAR NONPROLIFERATION: ELIMINATING THE CURRENT LIABILITY BARRIER TO BILATERAL U.S.-RUSSIAN NONPROLIFERATION ASSISTANCE PROGRAMS," William 26 Mary Law Review, February 2006, 47 Wm and Mary L. Rev. 1427
Accordingly, there is a significant and ever-present risk that terrorists could acquire AND in the United States and escalate to the use of nuclear weapons. 53
Risk of nuclear terrorism is real and high now
Bunn, et al, 10/2/13 ~ 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-http://belfercenter.ksg.harvard.edu/publication/23430/steps_to_prevent_nuclear_terrorism.html~~
Introduction In 2011, Harvard’s Belfer Center for Science and International Affairs and the Russian AND terrorist attack with a nuclear device would be an immediate and catastrophic disaster, I.
and the negative effects would reverberate around the world far beyond the location and AND the intention to acquire and use nuclear weapons is as strong as ever.
Finishing Bunn
Bunn, et al, 10/2/13 ~ 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-http://belfercenter.ksg.harvard.edu/publication/23430/steps_to_prevent_nuclear_terrorism.html~~
Introduction In 2011, Harvard’s Belfer Center for Science and International Affairs and the Russian AND terrorist attack with a nuclear device would be an immediate and catastrophic disaster,
STARTED HERE
and the negative effects would reverberate around the world far beyond the location and AND the intention to acquire and use nuclear weapons is as strong as ever.
Diseases end civilization
David Quammen 12, award-winning science writer, long-time columnist for Outside magazine for fifteen years, with work in National Geographic, Harper’s, Rolling Stone, the New York Times Book Review and other periodicals, 9/29, "Could the next big animal-to-human disease wipe us out?," The Guardian, pg. 29, Lexis Infectious disease is all around us. It’s one of the basic processes that ecologists AND ? One possible factor is infectious disease, and viruses in particular.
Current bioterror defense programs fail- can’t check new strains
The ghastly bombings in Boston followed by envelopes laced with the lethal poison ricin that AND adverse to the kind of risk taking that’s required for successful drug discovery.
Russia
Relations are impossible, but will never collapse
Migranyan, director – Institute for Democracy and Cooperation, professor – Institute of International Relations, Moscow, 1/30/’13 (Andranik, "Russia and Obama’s Second Term," The National Interest)
I shall begin with what I consider the most interesting viewpoint professed for many years AND as China, cooperation on Arctic development and the fight against Islamist terrorism. First, the problem here is that it is unrealistic to expect large, sovereign AND both; hence, their readiness to join forces against a common enemy. Second, two countries can have convergent vital interests only if both are roughly equal in resources and power. Otherwise, the weaker one experiences a loss of sovereignty as a result of its smaller economic and military-political potential, and that negates the strategic character of the relationship. Consider the widespread perception in the 1990s and at the beginning of the twenty- AND containing Washington’s arrogant and unilateral foreign policy that attempts to dominate the world? Regarding the development of Arctic resources, the United States’ refusal to sign the Convention on the Law of the Sea betrays a U.S. lack of interest in dividing Arctic resources in a way that coincides with international law. Rather, Washington wants to keep its hands untied for any action in the Arctic. Strategic dialogue necessitates a certain level of trust between parties. But the talks between AND nuclear weapon, the United States or Israel would destroy the program’s infrastructure. With the emergence of a multipolar world, the need arises for power balances in AND or entirely competitive relations between two large countries with intersecting and conflicting interests. Such a black-and-white approach can only exist between states engaged in AND , when Germany and France went against the wishes of the United States. Thus, it seems inescapable that the United States and Russia will sometimes partner but also sometimes have conflicting interests.
Russian hostility is psychologically ingrained- cooperation impossible
As a measure of their optimism, US officials like to point – cautiously – AND waged any major gas wars, threatened leaders, or incited civil war.
No risk of Russian resurgence - their impacts are a paranoid fantasy
Bandow 08 (Doug, former senior fellow at the Cato Institute and former columnist with Copley News Service, 3/7. "Turning China into the Next Big Enemy." http://www.antiwar.com/bandow/?articleid=12472)
In fact, America remains a military colossus. The Bush administration has proposed spending AND former KGB agents aren’t going to be able to put him back together.
10/6/13
Kentucky Round 8 - Aff v Towson JR
Tournament: Kentucky | Round: 8 | Opponent: Towson JR | Judge: Al Hiland
1AC
Adv 1 - Arms Race
The cyber arms race is accelerating — major attacks are inevitable this year — the best data proves
Security analysts are predicting that 2013 is when nation-sponsored cyberwarfare goes mainstream — AND are particularly vulnerable, according to numerous assessments delivered to Congress last year.
Specifically, cyber attacks risk retaliatory cycles and arms races
Although setting up a cybersecurity working group with China, Washington has also signaled it AND , the risk of it spilling over into kinetic hostilities will only grow.
Cyber arms race causes world war — there are no checks on escalation, deterrence doesn’t apply, and only a certain commitment to the plan solves
CSM 11 Christian Science Monitor (3/7, Mark Clayton, The new cyber arms race, www.csmonitor.com/USA/Military/2011/0307/The-new-cyber-arms-race)
The new cyber arms race Tomorrow’s wars will be fought not just with guns, AND use of cyberattack is ill-formed, undeveloped, and highly uncertain."
Congressional constraints of OCOs are key to solve — otherwise nuclear war is inevitable from arms-racing, command and control hacking, crisis instability, and fracturing nuclear agreements
The United States is racing for the technological frontier in military and intelligence uses of AND be every bit as reasonable given their anxiety about unconstrained American cyber superiority.
And independently, cyber preemption escalates to shooting war
As in the 1960s, the speed of war is rapidly accelerating. Then, AND . Thus, the nation attacked might well respond with "kinetic activity."
Cyberwar escalates:
A) Speed, scope, and spoofing
Clarke and Knake ’12 (Richard (former National Coordinator for Security, Infrastructure Protection, and Counter-terrorism for the United States) and Robert (Cybersecurity and homeland security expert at the Council on Foreign Relations), Cyber War: The Next Threat to National Security and What to Do About It, Harper Collins Books, 2012, RSR)
In our hypothetical exercise, the Chinese response aimed at four U.S. AND .¶ But what about collateral damage in the country that is being targeted?
b) Pressure to retaliate
Owens et al 9 (William A. Owens, as an Admiral in the United States Navy and later Vice Chairman of the Joint Chiefs of Staff, Kenneth W. Dam, served as Deputy Secretary of the Treasury from 2001 to 2003, where he specialized in international economic development, Herbert S. Lin, Senior Scientist and Study, "Technology, Policy, Law, and Ethics Regarding U.S. Acquisition and Use of Cyberattack Capabilities" 4/27/2009, http://www.lawfareblog.com/wp-content/uploads/2013/01/NRC-Report.pdf-http://www.lawfareblog.com/wp-content/uploads/2013/01/NRC-Report.pdf, KB)
But in many kinds of cyberattack, the magnitude of the impact of the ¶ AND . Such a situation has ¶ obvious potential for inappropriate and unintended escalation.
C) Signaling failures
Mulvenon et al. 10 ~Edited by Dr. James C. Mulvenon and ¶ Dr. Gregory J. Rattray ¶ Authors: Matt Devost, Maeve Dion, Jason Healey, ¶ Bob Gourley, Samuel Liles, James C. Mulvenon, Hannah Pitts, Gregory J. Rattray. Addressing Cyber Instability. Cyber Conflict Studies Association. ETB~
Signaling, whether prior to the initiation of conflict or during its ¶ various escalatory AND not altogether under the control of the ¶ entity making the threat."66
Adv 2 - Trade off
Cyber-attack is likely in the squo - actors are mapping out vulnerable infrastructure
Francis ’13 ~David Francis is a reporter based in Berlin and Washington, DC. In addition to repoting for the Fiscal Times, David is a correspondent of the Christian Science Monitor, Financial Times Deutschland, and Deutsche Welle. He is a contributing writer to World Politics Review, SportsIllustrated.com, and the Pittsburgh Post-Gazette, among others. He has reported from all over the world on a number of topics, from transatlantic relations, to sports, to border security, to local news, to finance.In 2010, David was named to the prestigious Atlantik-Brueke association, created to promote transatlantic relations. In 2009, he was awarded the Arthur Burns Fellowship from the International Center for Journalists. He has been a John McCloy Fellow, awarded by the American Council of Germany, and an Arizona State Media Fellow. David has spoken about his reporting at the Georgetown University School of Foreign Service, the Johns Hopkins School for Advanced International Studies, and the World Affairs Council of Pittsburgh. He an undergraduate degree from the University of Chicago, and a master’s degree from Georgetown University. http://www.thefiscaltimes.com/Articles/2013/03/11/The-Coming-Cyber-Attack-that-Could-Ruin-Your-Life~~23sthash.UO07zhTu.dpuf-http://www.thefiscaltimes.com/Articles/2013/03/11/The-Coming-Cyber-Attack-that-Could-Ruin-Your-Life ETB~
But experts warn these kinds of service breaks are just a small symptom of the AND does, I would stuff my cash in a mattress under my bed."
Current preemptive OCO policy backfires- creates priority confusion and drains cyber-defense resources
America’s generals and spymasters have decided they can secure a better future in cyberspace through AND not only reduces resources dedicated for defense but overtakes other priorities as well.
Focus on preemptive cyber-attack capability trades off with fixing critical cyber vulnerabilities
But the rhetoric of war doesn’t accurately describe much of what happened. There was AND , the Cybersecurity Act of 2012, has stalled indefinitely in the Senate.
Military focus on offense spills over the private sector
When the Pentagon launched its much-anticipated "Strategy for Operating in Cyberspace" AND governments, courts, and business groups have barely begun to consider them.
2 impacts:
First, cyberwar:
Overconcentration on offense is destabilizing- makes cyberwar inevitable
Also of note is the balancing effect that extreme cyber vulnerability¶ has on power AND real cyber defense by building security in, cyber war will be inevitable.¶
That causes nuclear miscalc due to hair-trigger response
President Obama is expected to unveil a new nuclear policy initiative this week in Berlin AND lead to shared approaches to cybersecurity, including agreements related to limiting cyberwar.
The conceptual con?ation of cyber war, cyber espionage, and cyber¶ crime into AND cyber¶ crime, and deter cyber espionage all at the same time.
Major cyber-crime crushes the global economy via ripple effects
Sani et al 12 Hemraj, Associate Professor 26 Head, Department of Computer Science 26 Engineering, Alwar Institute of Engineering 26 Technology, Yerra Shankar, PhD Student, Department of Mathematics Shiksha ?O’ Anusandhan University, T.C. Principal, Orissa Engineering College, "Cyber-Crimes and their Impacts: A Review," Vol. 2, Issue 2,Mar-Apr 2012, http://www.ijera.com/papers/Vol2_issue2/AG22202209.pdf-http://www.ijera.com/papers/Vol2_issue2/AG22202209.pdf~~23SPS
.1. Potential Economic Impact ¶ The 2011 Norton Cyber crime disclosed that over AND consumer trust issues could have serious repercussions and bear going into more ¶ detail
Economic collapse causes nuclear conflicts
Burrows and Harris 9 Mathew J. Burrows counselor in the National Intelligence Council and Jennifer Harris a member of the NIC’s Long Range Analysis Unit "Revisiting the Future: Geopolitical Effects of the Financial Crisis" The Washington Quarterly 32:2 https://csis.org/files/publication/twq09aprilburrowsharris.pdf
number of intersecting and interlocking forces. With so many possible permutations of outcomes, AND within and between states in a more dog-eat-dog world.
Plan
The United States federal government should substantially increase restrictions on the war powers authority of the president of the United States by removing the authority to authorize the preemptive use of large-scale cyber-attacks, except in direct support of authorized United States military operations.
Solvency
The plan solves –
First, norm-setting - other countries model our use of OCOs — clear restrictions on use are essential
It’s reverse causal — lack of norms guarantee escalatory conflict — the U.S. is key
Lewis 11 Senior Fellow at CSIS (James Andrew, Confidence-building and international agreement in cybersecurity, citizenlab.org/cybernorms2012/Lewis2011.pdf)
Alternatives to a formal cyber treaty began to appear as early as 2008. Rejecting AND which states might concede a degree of sovereignty in exchange for greater security.
Second it solves perception — Congressionally initiated restriction is necessary to reverse the signal of independent presidential authority— now is key
Dycus 10 Professor of National Security Law Stephen is a Professor of national security law at Vermont Law School, former member of the National Academies committee on cyber warfare, LLM, Harvard University, LLB, BA, Southern Methodist University, "Congress’ Role in Cyber Warfare," Journal of National Security Law 26 Policy, 4(1), 2010, p.161-164, http://www.jnslp.com/read/vol4no1/11_Dycus.pdf-http://www.jnslp.com/read/vol4no1/11_Dycus.pdf
In his celebrated concurring opinion in The Steel Seizure Case, Justice Jackson cautioned that AND in order to be able to participate in the formulation of national policy.
Congressional restrictions on OCOs send a global signal of cyber leadership that solves reckless use of OCOs
Perhaps more important than being out of the cyber coordination loop, is the how AND put our nation at risk and demonstrates cyber irresponsiblity, not cyber leadership.
Criticizing the probability of our impacts is meaningless – all war is low probability but examining policies around cyber warfare operations is critical to prevent miscalculation. Our roleplaying in this space has long term effects on the political and changes the way we orient cyber policies
Junio ’13 ~Timothy J. Junio (Tim)is a doctoral candidate of political science at the¶ University of Pennsylvania and a predoctoral fellow at the Center for¶ International Security and Cooperation (CISAC) at Stanford University.¶ He also develops new cyber capabilities at the Defense Advanced¶ Research Projects Agency (DARPA). How Probable is Cyber War? Bringing¶ IR Theory Back In to the Cyber Conflict Debate, Journal of Strategic Studies, 36:1,¶ 125-133. ETB~
Two recent articles in the pages of this journal contribute to an¶ important debate AND prerequisite to reducing the incidence of cyber¶ con?ict and avoiding cyber war.
Arguing against the practices of the USFG in the context of war powers allows for an engaged public that can expose the hypocrisy of the federal government – only focus on specific policy questions can actualize change by making it relevant to policy-makers –
Mellor 13 The Australian National University, ANU College of Asia and the Pacific, Department Of International Relations, "Why policy relevance is a moral necessity: Just war theory, impact, and UAVs," European University Institute, Paper Prepared for BISA Conference 2013, DOA: 8-14-13
This section of the paper considers more generally the need for just war theorists to AND the public engagement and political activism that are necessary for democratic politics.52
2AC
Kritik
There is likely a near-zero chance of nuclear war, but protective and defensive counter-measures like the aff are still necessary
Matheny, ’7 ~Jason G. Matheny, "Reducing the Risk of Human Extinction" Risk Analysis, Vol. 27, No. 5, 2007~ It is possible for humanity (or its descendents) to survive a million years AND stakes are high, it could be wise to invest in extinction countermeasures.
Thinking about worst-case cyber scenarios is good- key to preparedness and reduces chances of cyber war
Clarke and Knake ’10 ~Richard Alan Clarke is the former National Coordinator for Security, Infrastructure Protection, and Counter-terrorism for the United States. Robert K. Knake, Former international affairs fellow in residence @ CFR. Cyber War. ETB~
In the seminal 1983 movie about computers and war, War Games, ¶ starring AND period of rising ¶ tensions between the U.S. and China.
Our impacts aren’t constructed until they prove it.
Yudkowsky 6 – Eliezer Yudkowsky, Research Fellow at the Singularity Institute for Artificial Intelligence that has published multiple peer-reviewed papers on risk assessment. Cognitive biases potentially affecting judgment of global risks Forthcoming in Global Catastrophic Risks, eds. Nick Bostrom and Milan Cirkovic. August 31, 2006. Every true idea which discomforts you will seem to match the pattern of at least AND real-world assertions. Do not take your eye off the ball.
Risk framing motivates new social movements and re-democratizes politics
Borraz, ’7 ~Olivier Borraz, Centre de Sociologie des Organisations, Sciences Po-CNRS, Paris, Risk and Public Problems, Journal of Risk Research Vol. 10, No. 7, 941–957, October 2007, p. 951~ These studies seem to suggest that risk is a way of framing a public problem AND rifts stemming from antagonistic views of science, democracy and the world order.
Ignoring the threat causes panic – worse than fear, stops solvency, turns their state power arguments
Sandman and Lanard, 2003 Peter M. PhD in Communications and Professor at Rutgers specializing in crisis communication; Jody, Psychiatrist, 28 April, "Fear Is Spreading Faster than SARS — And So It Should21" China is universally condemned for covering up SARS and putting the world at risk. AND minimizing the risk than if they have been acknowledging it candidly and compassionately.
There’s no one root cause of war
Sharp 8 – senior associate deputy general counsel for intelligence at the US Department of Defense, Dr. Walter, "Democracy and Deterrence", Air Force University Press, May, http://aupress.maxwell.af.mil/Books/sharp/Sharp.pdf While classical liberals focused on political structures, socialists analyzed the socioeconomic system of states AND to serve as a central paradigm for explaining the cause of war.37
Life should be valued as apriori – it precedes the ability to value anything else
Amien Kacou. 2008. WHY EVEN MIND? On The A Priori Value Of "Life", Cosmos and History: The Journal of Natural and Social Philosophy, Vol 4, No 1-2 (2008) cosmosandhistory.org/index.php/journal/article/view/92/184 Furthermore, that manner of finding things good that is in pleasure can certainly not AND and desire. Perhaps, our inquiry should be a bit more complex.
Privileging ontology and epistemology guarantees policy failure because of theoretical reductionism, and isn’t relevant to the truth value of our arguments.
Owen 2 (university of Southampton, David Owen, Reader of Political Theory at the Univ. of Southampton, Millennium Vol 31 No 3 2002 p. 655-7) Commenting on the ’philosophical turn’ in IR, Wæver remarks that ’~a~ AND the first and second dangers, and so a potentially vicious circle arises.
Value to life should be individually determined – their impact claims invalidate personal autonomy
SCHWARTZ, HENDRY, 26 PREECE 2004 Professional Metaphysician, Senior Lecturer, General Practicianer Professor, Academic Surgeon ~"Medical Ethics: A case based approach," Lisa, Paul, and Robert~
Those who choose to reason on this basis hope that if the quality of a AND imperative that we must treat persons as rational and as ends in themselves.
Ontology is a DESTRUCTIVE HISTORICAL FICTION – any GATEWAY claims are just TRICKS based on how we SHELVE BOOKS
Shirky 5 Clay Shirky, teacher of NYU’s graduate Interactive Telecommunications Program, 03/15/05¶ http://www.itconversations.com/shows/detail470.html-http://www.itconversations.com/shows/detail470.html¶ I hold a joint appointment at NYU, as an Associate Arts Professor at the Interactive Telecommunications Program (ITP) and as a Distinguished Writer in Residence in the Journalism Department. I am also a Fellow at the Berkman Center for Internet and Society, and was the Edward R. Murrow Visiting Lecturer at Harvard’s Joan Shorenstein Center on the Press, Politics, and Public Policy in 2010.
There are many ways to organize data: labels, lists, categories, taxonomies AND arbitrary, because without categories, you can no longer locate individual books.
Problem-solution impact is backwards—-acting with a flawed epistemology allows us to change that epistemology.
Harris 7 (Graham, Adjunct Prf. @ Centre for Environment University of Tasmania, Seeking Sustainability in an age of complexity p. 9-10)
1 am not going to address the global ’litany’ at length here. The arguments AND see themselves more as agents in relationships with society and less as observers.
Reps don’t shape reality—focusing on them obscures material and political analysis which turns the criticism
Tuathail 96 (Gearoid, Department of Georgraphy at Virginia Polytechnic Institute, Political Geography, 15(6-7), p. 664, science direct) While theoretical debates at academic conferences are important to academics, the discourse and concerns AND needs to always be open to the patterned mess that is human history.
Discursive focus trades off with focus on structural change—it becomes a psychological substitute for action.
Kidner 2k – psychology professor, David, Nature and Psyche, p 66-7 Noam Chomsky has noted that if "it’s too hard to deal with real problems AND "human" from the "natural" and abandons nature to industrialism.
Prefer specific scenarios – even if we invoke some security logic, the fact that others will securitize means that we have to make worst-case assessments to avoid escalation
Ole Waever, Senior Research Fellow – Copenhagen Peace Research Inst., 2K (I. R. Theory 26 the Politics of European Integration, ed Kelstrup/Williams p. 282-285)
The other main possibility is to stress responsibility. Particularly in a field like security AND that could lead to security dilemmas and escalations, violence and mutual vilification.
Threats are real
Ravenal ’9 ~Earl C. Ravenal, distinguished senior fellow in foreign policy studies @ Cato, is professor emeritus of the Georgetown University School of Foreign Service. He is an expert on NATO, defense strategy, and the defense budget. He is the author of Designing Defense for a New World Order. What’s Empire Got to Do with It? The Derivation of America’s Foreign Policy." Critical Review: An Interdisciplinary Journal of Politics and Society 21.1 (2009) 21-75~
Quite expectedly, the more doctrinaire of the non-interventionists take pains to deny AND or to a lack of sufficient imagination to exploit opportunities for personal profit.
Science and reason are good – key to progressive politics and stopping oppression – turns the K.
Alan Sokal, Professor of Physics at New York University, 1996 ("A Plea for Reason, Evidence and Logic," Talk Presented at a Forum at New York University, October 26th, Available Online at http://www.physics.nyu.edu/faculty/sokal/nyu_forum.html, Accessed 07-31-2010)
I didn’t write the parody for the reasons you might at first think. My AND the most prominent and pernicious manifestation of anti-intellectualism in our time.
Neolib’s inevitable and movements are getting smothered out of existence—no alternative economic system
Jones 11—Owen, Masters at Oxford, named one of the Daily Telegraph’s ’Top 100 Most Influential People on the Left’ for 2011, author of "Chavs: The Demonization of the Working Class", The Independent, UK, "Owen Jones: Protest without politics will change nothing", 2011, www.independent.co.uk/opinion/commentators/owen-jones-protest-without-politics-will-change-nothing-2373612.html My first experience of police kettling was aged 16. It was May Day 2001 AND of revolt, there remains no left to give it direction and purpose.
Neolib solves war and the alt’s collapse causes it – historical evidence and studies prove
Tures ’3 – Associate Professor of Political Science @ LaGrange College John A. Tures, Associate Professor of Political Science at LaGrange College, 2003, "ECONOMIC FREEDOM AND CONFLICT REDUCTION: EVIDENCE FROM THE 1970S, 1980S, AND 1990S", Cato Journal, Vol. 22, No. 3. http://www.cato.org/pubs/journal/cj22n3/cj22n3-9.pdf The last three decades have witnessed an unprecedented expansion of market-based reforms and AND strong connection between economic freedom and conflict reduction during the past three decades.
Rejecting security allows private forces to fill in the security vacuum left by the state resulting in more violent forms of securitization
Loader and Walker 07 Ian and Neil, professor of criminology and Director of the center for Criminology at Oxford Professor of European Law European University Institute Florence , Civilizing Security, pg 22-25) Today it cannot be assumed that the state remains pre-eminent in either authorizing AND the autonomy of human society. (Bauman and Tester 2001: 139)
The alt results in more securitization and intervention
Tara McCormack, 2010, is Lecturer in International Politics at the University of Leicester and has a PhD in International Relations from the University of Westminster. 2010, (Critique, Security and Power: The political limits to emancipatory approaches, page 127-129)
The following section will briefly raise some questions about the rejection of the old security AND the political limits of the framework proposed by critical and emancipatory theoretical approaches.
Security sustains a form of democratic citizenship necessary to enhance standards of living and ensure rights
Loader and Walker 07 Ian and Neil, professor of criminology and Director of the center for Criminology at Oxford Professor of European Law European University Institute Florence , Civilizing Security, pg 7-8) By invoking this phrase we have in mind two ideas, both of which we AND shall argue, indispensable to cultivating and sustaining the civilizing effects of security.
1AR
Kritik
Fear can be channeled and productive – suppressing it causes panic
Sandman and Lanard, 2003 Peter M. PhD in Communications and Professor at Rutgers specializing in crisis communication; Jody, Psychiatrist, 28 April, "Fear Is Spreading Faster than SARS — And So It Should21"
8. Stop worrying excessively about panic. Panic is rare. It is less AND less than terror. Call it "fear" — and welcome it.
Fear is inevitable and productive – when people are afraid, they take steps to protect themselves. Denying fear causes it to turn into denial or panic.
Sandman and Lanard 2003 Peter M. PhD in Communications and Professor at Rutgers specialzing in crisis communication; Jody, Psychiatrist, Sept 7, "Fear of fear"
Let’s start with the obvious. Any normal person is going to be more anxious AND have a much tougher time explaining the reasons why they needn’t be afraid.
Meta-analyses of fear literature prove the stronger the fear appeal the stronger likelihood of behavior change
Witte and Allen ’00 Department of Communication, Michigan State University. And Department of Communication, University of Wisconsin–Milwaukee, respectively ~Kim Witte and Mike Allen, "A Meta-Analysis of Fear Appeals: Implications for Effective Public Health Campaigns," Health Educ Behav 2000, 27: 591 p. 595~
At least three meta-analyses have been conducted on the fear appeal literature. AND fear appeal, the greater the attitude, intention, and behavior change. The present meta-analysis will update and expand on these results by assessing the rel- ative fit of the data to each fear appeal model and examining the influence of fear appeals on both intended (i.e., attitudes, intentions, behaviors) and unintended (i.e., defensive avoidance, reactance) outcomes.
A positive, linear relationship between strength of fear appeal persuasion exists
Witte and Allen ’00 Department of Communication, Michigan State University. And Department of Communication, University of Wisconsin–Milwaukee, respectively ~Kim Witte and Mike Allen, "A Meta-Analysis of Fear Appeals: Implications for Effective Public Health Campaigns," Health Educ Behav 2000, 27: 591 p. 601-2~
Consistent with previous meta-analyses, this study suggests that the stronger the fear AND .e., .14, .11, .15, respectively).
Destroys the alt
Levinas 85 Emmanuel Levinas, professor of philosophy, and Philippe Nemo, professor of new philosophy, Ethics and Infinity, ’85, pg. 6-7
Are we not in need of still more precautions? Must we not step back AND , in its inability to escape itself, to escape being and essence.
The United States federal government should increase statutory restrictions on the congressionally authorized targeted killing and indefinite detention war powers authorities of the President of the United States by limiting the targets of those authorities to al-Qaeda, the Taliban, or those nations, organizations, or persons who enjoy close and well-established collaboration with al-Qaeda or the Taliban.
ADV 1: War on Terror
The US is losing it – the proliferation of extra-AUMF Al Qaeda affiliates are overwhelming US counterterrorism efforts Kagan, 7/18 Frederick W., Christopher DeMuth Chair and Director, Critical Threats Project, American Enterprise Institute, “The Continued Expansion of Al Qaeda Affiliates and their Capabilities”, Statement before the House Committee on Foreign Affairs Subcommittee on Terrorism, Nonproliferation, and Trade On “Global al-Qaeda: Affiliates, Objectives, and Future Challenges”, 2013, http://www.criticalthreats.org/al-qaeda/kagan-continued-expansion-al-qaeda-affiliates-capabilities-july-18-2013, BJM The war against … not change course
We’ll isolate 3 internal links ---
First is legal clarity - legal ambiguity created by congress guts effective counter-terrorism efforts Chesney et al. ‘13 Robert Chesney is a ¶ professor at the University ¶ of Texas School of Law, a ¶ nonresident senior fellow ¶ of the Brookings Institution, ¶ and a distinguished scholar ¶ at the Robert S. Strauss ¶ Center for International ¶ Security and Law. He is a ¶ cofounder and contributor to ¶ the Lawfare Blog and writes ¶ frequently on topics relating ¶ to US counterterrorism ¶ policy and law. Jack Goldsmith is the Henry ¶ L. Shattuck Professor of ¶ Law at Harvard Law School ¶ and a member of the Hoover ¶ Institution’s Jean Perkins ¶ Task Force on National ¶ Security and Law. He served ¶ in the Bush administration as ¶ assistant attorney general, ¶ Office of Legal Counsel, from ¶ 2003 to 2004 and as special ¶ counsel to the general ¶ counsel from 2002 to 2003. Matthew C. Waxman ¶ is a professor of law at ¶ Columbia Law School, ¶ an adjunct senior fellow ¶ at the Council on Foreign ¶ Relations, and a member ¶ of the Hoover Institution’s ¶ Jean Perkins Task Force ¶ on National Security and ¶ Law. He previously served ¶ in senior positions at the ¶ State Department, Defense ¶ Department, and National ¶ Security Council. Benjamin Wittes is a senior ¶ fellow in governance ¶ studies at the Brookings ¶ Institution, a member of ¶ the Hoover Institution’s ¶ Jean Perkins Task Force ¶ on National Security and ¶ Law, and the editor in chief ¶ of the Lawfare Blog. Jean Perkins Task Force on National Security and Law. http://media.hoover.org/sites/default/files/documents/Statutory-Framework-for-Next-Generation-Terrorist-Threats.pdf ETB The September 2001 AUMF … if so precisely what.
Second is public legitimacy and international cooperation - Congressional action is critical for both - they’re necessary for sustained and effective counter terror operations against affiliates Wainstein ‘13 STATEMENT OF ¶ KENNETH L. WAINSTEIN, PARTNER ¶ CADWALADER, WICKERSHAM and TAFT LLP ¶ BEFORE THE ¶ COMMITTEE ON FOREIGN RELATIONS ¶ UNITED STATES SENATE ¶ CONCERNING ¶ COUNTERTERRORISM POLICIES AND PRIORITIES: ¶ ADDRESSING THE EVOLVING THREAT ¶ PRESENTED ON ¶ MARCH 20, 2013. http://www.foreign.senate.gov/imo/media/doc/Wainstein_Testimony.pdf ETB It has recently become …efforts against international terrorism.
Third is executive response ---
The AUMF currently covers Al Qaeda affiliates, but it’s undefined and inexplicit Bradley and Goldsmith 05 Curtis, William Van Alstyne Professor of Law, Professor of Public Policy Studies, and Senior Associate Dean for Academic Affairs, Jack, Henry L. Shattuck Professor at Harvard Law School, “CONGRESSIONAL AUTHORIZATION AND THE WAR ON TERRORISM,” May 2005, http://www.uio.no/studier/emner/jus/humanrights/HUMR5503/h09/undervisningsmateriale/bradley_goldsmith.pdf ETB A. Who Is the Enemy Under …. co-belligerents of al Qaeda.
A clear and explicit authorization is key to quick and decisive executive response- checks escalation Cronogue ‘12 Graham. Duke University School of Law, J.D. expected 2013; University of North Carolina B.A. 2010. 22 Duke J. Comp. and Int'l L. 377 2011-2012. ETB Though the President's inherent … comes from congressional acquiescence.¶
We control uniqueness - executive terror fatigue is creating sluggish responses and gutting info-sharing and cooperation- defining the scope of the AUMF is critical to revitalizing the executive and defeating affiliates Leiter ‘13 The Honorable Michael E. Leiter ¶ Director, National Counterterrorism Center (2007-2011) ¶ Senior Counselor to the Chief Executive Officer, Palantir Technologies ¶ ?????¶ Testimony before the United States Senate ¶ Committee on Foreign Relations ¶ Counterterrorism Policies and Priorities: Addressing the Evolving Threat ¶ March 20, 2013. ETB Today al?Qa‘ida and its … where they would do the most ¶ harm.
Turning the tide against affiliates is critical – they pose a high risk of nuclear and biological terrorism Allison 12 Graham,IR Director @ Harvard, Director, Belfer Center for Science and International Affairs; Douglas Dillon Professor of Government, Harvard Kennedy School, "Living in the Era of Megaterror", Sept 7, http://belfercenter.ksg.harvard.edu/publication/22302/living_in_the_era_of_megaterror.html. BJM Forty years ago this week … an era of megaterror.
Risk of nuclear terrorism is real and high now *consensus on means, motivs and access a2 motives- 2 decades of trying to acquire nuclear tech and expertise, cites top AQ leadership focused on killing lots of civilians *a2 means- spread of info about nuclear tech, material is available from unsecured sources, studies concludes terrorists can build a crude bomb, they could steal a nuke and cut it open, globalization makes it easy to move and detection is too difficult Bunn, et al, 10/2 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, … as strong as ever.
Multiple sources of access and ability to build gun-type nukes overcomes their defense *dirty bombs sufficient to trigger the impact due to socio-economic damage means- can steal material from research reacotrs- 100s across dozens of countries, buy it on the black market, building gun-type nuke overcomes engineering issues, Dvorkin 12 Vladimir Z. 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. 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 … a strategy to combat them.
Nuclear terrorism causes nuclear escalation due to miscalc – it’s rapid and highly likely Morgan 09 (Professor of Foreign Studies at Hankuk University, Dennis Ray, December, “World on fire: two scenarios of the destruction of human civilization and possible extinction of the human race” Futures, Vol 41 Issue 10, p 683-693, ScienceDirect) In a remarkable website … use of strategic weapons.
Bioterrorism causes extinction Ochs 2 (Richard, Naturalist – Grand Teton National park with Masters in Natural Resource Management – Rutgers, “Biological Weapons must be abolished immediately” 6-9, http://www.freefromterror.net/other_articles/abolish.html) Of all the weapons of mass … HUMAN EXTINCTION IS NOW POSSIBLE.
ADV 2: Firebreaks
The AUMF will inevitably expire in the squo – updating the authorization is key to prevent a limitless War on Terror based on article 2 and self-defense justifications that erode the global use of force norms, particularly in East Asia Barnes ‘12 Beau, J.D., Boston University School of Law (expected May 2013); M.A. in Law and ¶ Diplomacy (expected May 2013), The Fletcher School of Law and Diplomacy at Tufts ¶ University; B.A., 2006, Lewis and Clark College. Military law Review vol. 221. https://www.jagcnet.army.mil/DOCLIBS/MILITARYLAWREVIEW.NSF/0/b7396120928e9d5e85257a700042abb5/$FILE/By20Beau20D.20Barnes.pdf ETB The AUMF must inevitably … is rapidly approaching zero.
We control terminal impact uniqueness - war taboo strong and effective now. Norms prevents miscalc and escalation Beehner, 12 Council on Foreign Relations senior writer; Truman National Security Project fellow Lionel, "Is There An Emerging ‘Taboo’ Against Retaliation?" The Smoke Filled Room, 7-13-12, thesmokefilledroomblog.com/2012/07/13/is-there-an-emerging-taboo-against-retaliation/, accessed 9-22-13, The biggest international news … of this existing norm.
Absence of defined use of force standards causes major war in Asia—tensions high now Brimley et al 13 Shawn, vice president of the Asia Program at the Center for a New American Security, Ben FitzGerald, director of the Technology and National Security Program of the Asia Program at the Center for a New American Security, and Ely Ratner, deputy director of the Asia Program at the Center for a New American Security, 9-17-13, "The Drone War Comes to Asia" http://www.foreignpolicy.com/articles/2013/09/17/the_drone_war_comes_to_asia?page=full It’s now been a … the region into war.
Asian war goes nuclear---no defense---interdependence and institutions don’t check C. Raja Mohan 13, distinguished fellow at the Observer Research Foundation in New Delhi, March 2013, Emerging Geopolitical Trends and Security in the Association of Southeast Asian Nations, the People’s Republic of China, and India (ACI) Region,” background paper for the Asian Development Bank Institute study on the Role of Key Emerging Economies, http://www.iadb.org/intal/intalcdi/PE/2013/10737.pdf Three broad types of … a future security order in Asia.
Power transition makes adventurism and escalation likely- also means deterrence can’t check Menon 2/14/14 Rajan Menon is the Anne and Bernard Spitzer Professor of Political Science at the City College of New York/City University of New York, a nonresident senior fellow at the Atlantic Council and the author, most recently, of The End of Alliances (Oxford University Press, 2007). http://nationalinterest.org/commentary/east-asias-dangerous-history-wars-9883?page=3 ETB The uncertainty in East Asia … enable third-party mediation.
Solvency
Clearly defining the targets limits the AUMF while preserving flex Cronogue ‘12 Graham. Duke University School of Law, J.D. expected 2013; University of North Carolina B.A. 2010. 22 Duke J. Comp. and Int'l L. 377 2011-2012. ETB The AUMF must be … to the United States ¶ today.
Congress has moved …more transparency to drone strikes. Plan limits the congressionally authorized discretion to determine those responsible for 9/11 Bradley and Goldsmith 2005 - Curtis and - Jack, Professors at University of Virginia and Harvard Law Schools Respectively, CONGRESSIONAL AUTHORIZATION AND THE WAR ON TERRORISM, Harvard Law Review, Volume 118, May 2005 The AUMF is arguably … connection to the September 11 attacks.
3/28/14
NDT - AUMF - 1AR - CP - XO
Tournament: NDT | Round: 1 | Opponent: USC PV | Judge: Johnathan Paul, Brett Bricker, David Heidt CP alienates allies Schwarz 7 senior counsel, and Huq, associate counsel at the Brennan Center for Justice at NYU School of Law, (Frederick A.O., Jr., partner at Cravath, Swaine and Moore, chief counsel to the Church Committee, and Aziz Z, former clerk for the U.S. Supreme Court, Unchecked and Unbalanced: Presidential Power in a Time of Terror, p. 201) The Administration insists … world's oldest democracy.5
Tournament: NDT | Round: 1 | Opponent: USC PV | Judge: Johnathan Paul, Brett Bricker, David Heidt Data goes aff Grossman 3-24 (Matt Grossman, Assistant Professor of Political Science at Michigan State University, Ph.D. from U.C. Berkeley, “How policymakers ignore the public’s priorities” March 24, 2014, http://www.washingtonpost.com/blogs/monkey-cage/wp/2014/03/24/how-policymakers-ignore-the-publics-priorities/, KB) If any event … success are insider stories.
Tournament: NDT | Round: 1 | Opponent: USC PV | Judge: Johnathan Paul, Brett Bricker, David Heidt Empirics are overwhelming Chesney ’12 (Robert Chesney, professor at the University of Texas School of Law, nonresident senior fellow of the Brookings Institution, distinguished scholar at the Robert S. Strauss Center for International Security and Law, and Cofounder of the Lawfare Blog, “Beyond the Battlefield, Beyond Al Qaeda: The Destabilizing Legal Architecture of Counterterrorism,” August 29, 2012, U Texas School of Law, Public Law and Legal Theory Research Paper No. 227) This multi-year pattern … for the time being.
Tournament: NDT | Round: 1 | Opponent: USC PV | Judge: Johnathan Paul, Brett Bricker, David Heidt Fear of political costs generates complicance Bradley and Morrison ‘13 Curtis A., William Van Alstyne Professor of Law, Duke Law School. Trevor W., Liviu Librescu Professor of Law, Columbia Law School. Columbia Law Review 113. http://www.columbialawreview.org/wp-content/uploads/2013/05/Bradley-Morrison.pdf ETB In addition to the … legal rule in question.
Tournament: NDT | Round: 1 | Opponent: USC PV | Judge: Johnathan Paul, Brett Bricker, David Heidt NSA fight thumps Cohen et al 3-25 Tom, CNN, “Obama, Congress working on changes to NSA,” 3/25/14, http://www.cnn.com/2014/03/25/politics/white-house-nsa/ SJE President Barack Obama … an election year.
PC fails – only our evidence assumes recent developments Cillizza 6/25 (Chris Cillizza, “Is the presidential bully pulpit dead?; Driving a narrative is almost impossible these days -- even for the president of the United States.” June 25, 2013, Washington Post Blogs, LexisNexis, KB) While you can debate … years to come.
Plan boosts Obama’s capital without triggering a fight over authority Kriner 10 Douglas Kriner, Assistant Profess of Political Science at Boston University, 2010, After the Rubicon: Congress, Presidents, and the Politics of Waging War, p. 59-60 Presidents and politicos …War Powers Resolution."36
3/28/14
NDT - AUMF - 2AC - K - Liberal Legalism
Tournament: NDT | Round: 1 | Opponent: USC PV | Judge: Johnathan Paul, Brett Bricker, David Heidt Debating the law teaches us how to make it better – rejection is worse Hedrick 12 Todd Hedrick, Assistant Professor of Philosophy at Michigan State University, 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 … being able to fully do so.
PERM DO BOTH - legal reforms is key to protect minoritarian positions —the alternative abandons dissidents to be executed Lobel 7 February, 2007; Orly Lobel is an Assistant Professor of Law, University of San Diego. LL.M. 2000 (waived), Harvard Law School; LL.B. 1998, Tel-Aviv University, “THE PARADOX OF EXTRALEGAL ACTIVISM: CRITICAL LEGAL CONSCIOUSNESS AND TRANSFORMATIVE POLITICS”, 120 Harv. L. Rev. 937 B. Conceptual Boundaries: When the Dichotomies …within the new market.
Shocks to the system are the ONLY propensity for conflict—liberal norms have eradicated warfare and structural violence—every field study proves Horgan 9 JOHN HORGAN 9 is Director of the Center for Science at Stevens Institute of Technology, former senior writer at Scientific American, B.A. from Columbia and an M.S. from Columbia “The End of the Age of War,” Dec 7, http://www.newsweek.com/id/225616/page/1 The economic crisis was … finally come to pass.
Rana’s claim is too sweeping, the alt is impossible Cole 12 David Cole 12, professor of law at Georgetown, “Confronting the Wizard of Oz: National Security, Expertise, and Secrecy” 44 Conn. L. Rev. 1617-1625 (2012), http://scholarship.law.georgetown.edu/facpub/1085) Rana is right to focus … in part objectively based.
Radical obstructionist movements alienate the public. Only reformist legal appeals can solve. Kazin 11 Kazin, Professor of History at Georgetown University, ‘11¶ Michael, Has the US Left Made a Difference, Dissent Spring p. 52-54 But when political … much to escape.”
3/28/14
NDT Rd 4 All Speeches
Tournament: NDT | Round: 4 | Opponent: Northwestern OS | Judge: s herndon, malsin, holland 1AC
1AC – Advantage The status quo is characterized by antiseptic jurisprudence- epitomized by the Hamdi decision that uses judicial deference on indefinite detention as a means of silencing the rights of supposed “enemy combatants”. This process masks the US commitments to preemptive violence, which makes extinction inevitable through permanent warfare waged under the guise of US exceptionalism. Williams ‘7 Williams, Daniel R. “After the Gold Rush – Part I: Hamdi, 9/11, and the Dark Side of the Enlightenment.” Penn State Law Review 112.2 (2007). ETB
This approach is dominated by considerations of necessity and emergency, creating a vacuum that sovereignty can only fill through an infusion of legality manufactured to maintain the state of exception. The Hamdi decision is emblematic of this jurisprudence in that it simultaneously reaffirms and masks our commitment to inflict sovereign violence without juridical impediment Left out is how these determinations are produced by the sovereign’s commitment to an exceptionalist vision of world order and how we are equally committed to that vision. Hamdi’s significance lies in answering the question of why such determinations are formulated to sustain a coherent and exceptionalist national identity Williams ‘7 Williams, Daniel R. “After the Gold Rush – Part I: Hamdi, 9/11, and the Dark Side of the Enlightenment.” Penn State Law Review 112.2 (2007). ETB
The Hamdi court’s determinations are based on an overfixation with mythical executive expertise and maintaining the appearance of neutrality in the government’s pursuit of an exceptionalist world order. These are expressions our own anxiety towards the criminal justice process and our impulse to make it administrative, resulting in an over-commitment to means-ends rationality that threatens the life-affirming qualities of the law and risks annihilation. Williams ‘8 Daniel R. Williams, Associate Professor of Law, Northeastern University School of Law. “After the Gold Rush - Part II: Hamdi, the Jury Trial, and Our Degraded Public Sphere.” 113 Penn St. L. Rev. 55 ETB
This stacks the deck in favor of judicial technocracy and leaves fundamental questions about why we undertake such actions unanswered. Answering these questions- questions about the legality of detention, about American adventurism, and about the dangers of means-end rationality– is the most important action we could take
Williams ‘07 Williams, Daniel R. “After the Gold Rush – Part I: Hamdi, 9/11, and the Dark Side of the Enlightenment.” Penn State Law Review 112.2 (2007). 341-423. 357-361.
We have entered a new age in history: the failure of multipolarity does not mean a power vacuum filled with struggles for unipolarity but proves the failure of any attempts at global political control. Hardt and Negri ‘11 Hardt, Michael and Antonio Negri. Commonwealth. Cambridge, MA: Belknap Press. 2011. 214-219.
1AC - Plan The federal judiciary of the United States should impose a clean-hands doctrine on the indefinite detention authority of the executive of the United States.
A clean hands doctrine would constrain the executive. More importantly, however, is that the 1ac has shown why the US would never pursue such a doctrine; the thought experiment of the 1ac acknowledges this while endorsing the plan, which exposes the mythos of US exceptionalism Williams ‘7 Williams, Daniel R. “After the Gold Rush – Part I: Hamdi, 9/11, and the Dark Side of the Enlightenment.” Penn State Law Review 112.2 (2007). ETB
The unwillingness to be bound to legality makes academic debates over the outcome of the plan sterile and leaves ontological and epistemological foundations behind US exceptionalism unquestioned. The plan creates an effective legality that limits sovereign violence, which, combined with discursive problematization of US policy, is necessary to prevent extinction Williams ‘7 Williams, Daniel R. “After the Gold Rush – Part I: Hamdi, 9/11, and the Dark Side of the Enlightenment.” Penn State Law Review 112.2 (2007). ETB
Theory and practice are inseparable- the praxis of the 1ac affirms the legal process, because of its inherent life-affirming qualities and respect for human dignity, as an end in itself, rather than a means. Just it is impossible to bracket Hamdi from the means-ends rationality that spawned it, it is impossible to isolate the plan from its justifications. Evaluate all neg offensive links through the text of the 1ac it purports to refute. Williams ‘8 Daniel R. Williams, Associate Professor of Law, Northeastern University School of Law. “After the Gold Rush - Part II: Hamdi, the Jury Trial, and Our Degraded Public Sphere.” 113 Penn St. L. Rev. 55 ETB
2AC
A2- Circumvention
Green ’11(Professor of Law, Temple University Beasley School of Law; John Edwin Pomfret Fellowship, Princeton University; J.D., Yale Law School) Craig 105 Nw. U.L. Rev. 983)
T
2ac- K of ID as Lacking Law
Hamdi instantiated a new state of exception under the aumf. The plan, by voiding the decision in Hamdi, exposes the ontological bareness of our legal system and thus undermines the entire regime of American legal exceptionalism- and the alternative of judicial passivity is uniquely worse
Williams ‘8 Daniel R. Williams, Associate Professor of Law, Northeastern University School of Law. “After the Gold Rush - Part II: Hamdi, the Jury Trial, and Our Degraded Public Sphere.” 113 Penn St. L. Rev. 55 ETB
2AC Court Capital DA
Schuette decision coming now – saps capital Feder 9/2 Jody, Legislative Attorney, Banning the Use of Racial Preferences in Higher Education: A Legal Analysis of Schuette v. Coalition to Defend Affirmative Action, 9/2/13, http://www.fas.org/sgp/crs/misc/R43205.pdf
Interbranch conflicts don’t spill over—individual court cases are decided on specific issues Redish and Drizen 87, Professor of Law and Law Clerk April, 1987, Martin H. Redish (Professor of Law, Northwestern University) and Karen L. Drizin (Law Clerk to the Honorable Seymour Simon, Illinois Supreme Court) “CONSTITUTIONAL FEDERALISM AND JUDICIAL REVIEW: THE ROLE OF TEXTUAL ANALYSIS”. NEW YORK UNIVERSITY LAW REVIEW V. 62
Curtailing executive authority causes greater Judicial activism—war powers specific Paulsen 02, Professor of Law Michael, Prof of Law @ Minnesota, Spring, 19 Const. Commentary 215
Cp 1
The court will narrow the amendment Segal and Spaeth 02 - Professor of Political Science at SUNY and Professor of Political Science at Michigan State University (Jeffrey Allan and Harold J., 2002, The Supreme Court and the Attitudinal Model Revisited, Cambridge University Press, p. 5
Even they fiat immediacy, it takes years to have a meaningful effect Joyce, Prof of Public Administration at George Washington, 98 “The Rescissions Process After the Line Item Veto: Tools for Controlling Spending” http://www.rules.house.gov/archives/rules_joyc07.htm
CP 2
Resolved means by vote Webster’s 1998 Webster’s Revised Unabridged Dictionary, 1998 (dictionary.com)
“Should” doesn’t require certainty Black’s Law 79 (Black’s Law Dictionary – Fifth Edition, p. 1237)
“Should” doesn’t require certainty Black’s Law 79 (Black’s Law Dictionary – Fifth Edition, p. 1237)
Critical intellectualism key to solve extinction – Voting aff to problematize the justifications of US policy outweighs hypothetical plan consequences Jones 99 (Richard, IR, Aberystwyth, “6. Emancipation: Reconceptualizing Practice,” Security, Strategy and Critical Theory, http://www.ciaonet.org/book/wynjones/wynjones06.html)
Their f/w doesn’t solve anything and causes extinction
Williams ‘8 Daniel R. Williams, Associate Professor of Law, Northeastern University School of Law. “After the Gold Rush - Part II: Hamdi, the Jury Trial, and Our Degraded Public Sphere.” 113 Penn St. L. Rev. 55 ETB
