Tournament: USC | Round: 1 | Opponent: Emory AB | Judge: Brovero
Executive will circumvent the plan --- has institutional incentives and public support to expand its powers
Barron and Lederman, 8 --- *Professor of Law at Harvard, AND  Visiting Professor of Law at Georgetown
(February 2008, David J. Barron and Martin S. Lederman, Harvard Law Review, “THE COMMANDER IN CHIEF AT THE LOWEST EBB -- A CONSTITUTIONAL HISTORY,” 121 Harv. L. Rev. 941)
VII. Conclusion
Powers once claimed by the Executive are not easily relinquished. One sees from our
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at the moment of ratification and for much of our history that followed.
But that dramatic deviation did not come from nowhere. Rarely does our constitutional framework
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defiant actions, and impeachment is neither an easy nor an attractive remedy.
The prior practice we describe, therefore, could over time become a faint memory
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that the President is entitled to unfettered discretion in the conduct of war.

The president can draw from many areas to circumvent OCO restrictions
Chesney 11
Robert, Charles I. Francis Professor in Law at the University of Texas School of Law, Non-resident Senior Fellow of the Brookings Institution, “Offensive Cyberspace Operations, the NDAA, and the Title 10-Title 50 Debate,” Dec 14, http://www.lawfareblog.com/2011/12/cyberoperations/
First, section 954 makes clear that DOD can conduct offensive cyberspace operations (OCOs
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to the first such issue, which concerns the decision-making process.
Nuclear power is safe now – post-Fukushima regulations
Holt, Specialist in Energy Policy, CRS, 2012
6/20/12, Mark, Specialist in Energy Policy at the Congressional Research Service, “Nuclear Energy Policy,” RL33558, http://www.fas.org/sgp/crs/misc/RL33558.pdf

The Fukushima accident has raised particular policy questions for the United States because, unlike
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not issue new licenses or permits until the revised regulations were in place.
No way to credibly assess meltdown risk – their advantage is flawed
Makhijani, president of IEER, 2011
7/21/11, Arjun, president of the Institute for Energy and Environmental Research, electrical and nuclear engineer with 37 years of experience, Bulletin of the Atomic Scientists round table discussion, “Is nuclear energy different than other energy sources?,” “The Fukushima tragedy demonstrates that nuclear energy doesn’t make sense,” http://www.thebulletin.org/web-edition/roundtables/nuclear-energy-different-other-energy-sources
Meltdown rates and bureaucracy. Those who promote nuclear power have hidden behind two related
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-- though the official numbers are now in the realm of statistical fiction.

No impact to meltdowns
Strupczewski, Institute of Atomic Energy, 03
1/28/03, A., Institute of Atomic Energy, Swierk, Poland, Applied Energy, “Accident risks in nuclear-power plants,” vol. 75, ScienceDirect
*NPP = nuclear-power plant
*TMI = Three Mile Island
*OECD = Organisation for Economic Co-operation and Development

1. Safety goals for nuclear power The general safety objective for nuclear-power
   AND
   not be considered as the basis for evaluating the safety of future NPPs.

Developing countries, lax regulation, and profit maximization means warming is inevitable
Porter 2013 - writes the Economic Scene column for the Wednesday Business section (March 19, Eduardo, “A Model for Reducing Emissions” http://www.nytimes.com/2013/03/20/business/us-example-offers-hope-for-cutting-carbon-emissions.html?_r=1and)

Even if every American coal-fired power plant were to close, that would
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They are all totally devoted to replacing the reserves they consume every year.”

No impact to warming – empirics
Willis et. al, ’10 Kathy J. Willis, Keith D. Bennett, Shonil A. Bhagwat and H. John B. Birks (2010): 4 °C and beyond: what did this mean for biodiversity in the past?, Systematics and Biodiversity, 8:1, 3-9, http://www.tandfonline.com/doi/pdf/10.1080/14772000903495833,
The most recent climate models and fossil evidence for the early Eocene Climatic Optimum (
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subtle changes in plant–animal interactions (Harrington and Jaramillo, 2007). 

Growing emissions in developing countries make CO2 reduction impossible – modeling is irrelevant
Koetzle, 08 – Ph.D. and Senior Vice President of Public Policy at the Institute for Energy Research (William, “IER Rebuttal to Boucher White Paper”, 4/13/2008, http://www.instituteforenergyresearch.org/2008/04/13/ier-rebuttal-to-boucher-white-paper/)
For example, if the United States were to unilaterally reduced emissions by 30
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these reductions are to a large extent mirrored by all significant emitting nations.
Commercialization strong- new innovation and government funding guarantee growth for decades
LOUIS J. ROSS- CEO of Virtus Advanced Sensors, dir of the Global Emerging Technology Institute- JUNE 2010, Nanotech Commercialization in the United States, IEEE Nanotechnology Magazine, http://ieeexplore.ieee.org/stamp/stamp.jsp?arnumber=05472872
The growth and adoption of nanotechnology- enabled products will continue for the next several
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strategy for creating new green technology. 4 March 2010, Washington Tribune.)

Already commercialized- startups have quickly emerged
Evan S. Michelson- Research Associate, Project on Emerging Nanotechnologies @ Woodrow Wilson International Center for Scholars- October 2006, Nanotechnology Policy: An Analysis of Transnational Governance Issues Facing the United States and China, http://www.law.gmu.edu/nctl/stpp/pubs/Michelson.pdf
The fact that this first wave of consumer products is already available on store shelves
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States or China if a similar situation were to occur in either country.

Tournament: Fullerton | Round: 6 | Opponent: NYU EI | Judge: Sarah Lundeen
The United States Congress should propose an amendment to the United States Constitution which interprets Title X in Division A of the Detainee Treatment Act of 2005 attached to the McCain amendment as unconstitutional and limits future objecting presidential signing statements on indefinite detention to Congressionally-agreed complex issues, and specifies that the war powers authority of the President of the United States, including indefinite detention, are subject to judicial review. The Amendment should specify that it must be ratified immediately. The necessary states should ratify the Amendment.
Only a constitutional amendment can effectively check executive war powers and create meaningful judicial involvement
Goldstein 88, J.D. Stanford Law School
(Yonkel, “The Failure of Constitutional Controls Over War Powers in the Nuclear Age: The Argument for a Constitutional Amendment,” Stanford Law Review, 40 Stan. L. Rev. 1543)
 Because of these considerations, a constitutional amendment concerning the appropriate distribution of war
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solid framework in which answers to those questions can begin to take shape.
Amendments solve the case and avoid our court disads – no chance of rollback
Baker 95, Law Prof at Texas Tech
(Thomas E., Exercising the Amendment Power to Disapprove of Supreme Court Decisions: A Proposal for a "Republican Veto", repository.law.ttu.edu/bitstream/handle/10601/33/baker6.pdf?sequence=1)
Indeed, the best use of this "republican veto" would be to set
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textually preferred over the common law methodology within the exclusive domain of the Justices

Tournament: USC | Round: 6 | Opponent: Harvard KS | Judge: Janna White
The affirmative is a product of a death drive that will kill us all because of its will to sustain life. 

ZUPANCIC IN  2003 Alenka; Researcher at the Institute of Philosophy, Slovene Academy of Sciences, Ljubljana; The Shortest Shadow: Nietzsche’s Philosophy of the Two; Cambridge: The MIT Press; 2003; p. 63-65; 47-49 

(63-65): So far, we have been discussing the ascetic ideal
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everywhere the sinner breaking himself on the cruel wheel of a restless morbidly lascivious
con¬science; everywhere dumb torment, extreme fear, the agony of the tortured heart
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ideal employs in response to displeasure is jouissance, (surplus-) enjoyment:
"mor¬bidly lascivious conscience," "convulsions of an unknown happiness," and the fundamental
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something in relation to which a Christian comes to life as a sub¬ject.
well be an "atheist Christian") stoically endures; they are, rather, something in relation to which a Christian comes to life as a sub-ject.
The affirmative’s permanent state of crisis reproduces a dangerous economy of enjoyment that makes life meaningless.  

ZUPANCIC IN 2K3 Alenka; Researcher at the Institute of Philosophy, Slovene Academy of Sciences, Ljubljana; The Shortest Shadow: Nietzsche’s Philosophy of the Two; Cambridge: The MIT Press; 2003; p. 49-53 

The core of the ascetic ideal lies in its articulation of the econ¬omy of enjoyment
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the history of Christianity (as the essential bearer of the ascetic ideal),
it is to be found on the side of the Law, on the side
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" but its spirit (morals, ideals, the mechanism of sense,
the imperative of truth, the need to look behind appearances ...), whereas the edifice
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character of active nihilism, a defense that concludes in our not willing.
Our alternative is an ethic of joy. Embracing the joy of the present without linking it to a better world of the future has massive life affirming potential.  We embrace the current world, the status quo, for all its faults, to find the joy in it, DO NOT link this joy of the present to a solution for the future.

MASSUMI AND ZOURNAZI IN 2002 Brian Massumi is Associate Professor of Communications at the Université de Montréal; Mary Zournazi is a Philosopher and Ph.D in Cultural Theory; Hope: New Philosophies for Change; New York: Routledge; 2002; p. 241-242

Yes, and there is a relation between this ethics, hope and the idea
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- it's a desire for more life, or for more to life.

Tournament: Fullerton | Round: 4 | Opponent: Michigan KK LOVE YOU RYAN | Judge: Harrigan
Restricting drone use causes a shift to ground operations which increases civilian casualties
Bowden, 13 -~-- national correspondent for The Atlantic (8/14/2013, Mark, “The Killing Machines; How to think about drones,” http://www.theatlantic.com/magazine/archive/2013/09/the-killing-machines-how-to-think-about-drones/309434/?single_page=true)
No civilian death is acceptable, of course. Each one is tragic. But
AND
are led, as Obama was, to the logic of the drone.

Shift to ground assaults causes net more civilian casualties, collapses the Pakistani government and increases support for the Taliban
Weitz, 11 -~-- Senior Fellow and Director of the Center for Political-Military Analysis at the Hudson Institute (1/2/2011, Dr. Richard, “Why UAVs Have Become the Anti-Terror Weapon of Choice in the Afghan-Pak Border,” http://www.sldinfo.com/why-uavs-have-become-the-anti-terror-weapon-of-choice-in-the-afghan-pak-border/)
In recent years, the main form of U.S. military operation in
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giving sanctuary to terrorists striking US and coalition forces in Afghanistan and beyond.

Tournament: Fullerton | Round: 4 | Opponent: Michigan KK LOVE YOU RYAN | Judge: Harrigan
The United States federal judiciary should order the release of individuals in military detention who have won their habeas corpus hearing.’

Solves a comparatively stronger internal link to legitimacy
Sidhu 11
2011, Dawinder S. Sidhu, J.D., The George Washington University; M.A., Johns Hopkins University; B.A., University of Pennsylvania, Judicial Review as Soft Power: How the Courts Can Help Us Win the Post-9/11 Conflict”, NATIONAL SECURITY LAW BRIEF, Vol. 1, Issue 1 http://digitalcommons.wcl.american.edu/cgi/viewcontent.cgi?article=1003andcontext=nslb
The “Great Wall” The writ of habeas corpus enables an individual to challenge
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unique and modern circumstances of the post-9/11 con? ict.

Tournament: USC | Round: 1 | Opponent: Emory AB | Judge: Brovero
Passage of immigration reform is likely, both sides agree it is a top priority and congress is willing to cooperate
Clifford, 12/30 (Mike, 12/30/2013, “Immigration Reform Supporters: “Positive Signs” Headed into 2014,” http://www.publicnewsservice.org/2013-12-30/immigrant-issues/immigration-reform-supporters-positive-signs-headed-into-2014/a36538-1))
NEW YORK - Supporters of comprehensive immigration reform fell short of their goal in 2013
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Speaker Boehner has said he won't bring that version up for a vote.

New era of cooperation will lead to deals on immigration --- controversial issues will spoil the détente
WSJ, 12/30 (“Obama Seeks Way to Right His Ship; Exiting 2013 in His Weakest Political Position, the President Faces a Basic Strategic Choice,” 12/30/2013, http://online.wsj.com/news/articles/SB10001424052702304361604579290264084633016))
By almost any measure, 2013 was, as Democratic pollster Peter Hart put it
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willing, but also to push ahead with nonlegislative solutions where Congress stonewalls."

The plan costs substantial capital
Brecher, 12 --- J.D. Candidate, May 2013, University of Michigan Law School (December, Aaron P., Michigan Law Review, “Cyberattacks and the Covert Action Statute: Toward a Domestic Legal Framework for Offensive Cyberoperations,” 111 Mich. L. Rev. 423))

*451  Finally, while urging Congress to clarify the law governing cyberattacks may
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possibility of expansive legislative clarification in the near future seems even more remote.

Reform key to the economy – immigrants are key to several critical sectors
West, ‘09 – Director of Governance Studies at the Brookings Institution (7/22/09, Darrell M., “The Path to a New Immigration Reform,” http://www.brookings.edu/opinions/2009/0721_immigration_reform_west.aspx)
Skeptics need to understand how important a new immigration policy is to American competitiveness and
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we recognize their majority role in our workforce as the next generation rises.
Extinction
Harris and Burrows, ‘09 Mathew, PhD European History at Cambridge, counselor in the National Intelligence Council (NIC) and Jennifer, member of the NIC’s Long Range Analysis Unit “Revisiting the Future: Geopolitical Effects of the Financial Crisis” http://www.ciaonet.org/journals/twq/v32i2/f_0016178_13952.pdf
Increased Potential for Global Conflict Of course, the report encompasses more than economics and
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within and between states in a more dog-eat-dog world.

Tournament: Fullerton | Round: 1 | Opponent: Towson TW | Judge: Luis Magallon
The affirmative relies on binary thinking that blames the actions of others for suffering – the 1ac isolates the black/white binary as having its root within the practice of slavery
This ensures the failure of resistance and develops a culture of victimization that recreates imperialist white supremacist capitalist patriarchy which is the foundation of all oppression
Hooks 12, Distinguished Professor in Residence at Barea
(Bell, Writing Beyond Race: Living Theory and Practice, pg. 43)
Clearly the future of diversity lies in creating greater awareness and greater critical consciousness about
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our society – both black and white – resist seeing the larger picture. 

Conceptualizing the struggle for racial justice as resisting the oppression of black people by whites prevents reformation of white supremacist thinking which is the only way to effectively challenge racism
Hooks 12, Distinguished Professor in Residence at Barea
(Bell, Writing Beyond Race: Living Theory and Practice, pg. 23)
As long as this nation absolutely refuses to accurately name white supremacy then the roots
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the issue of internalized racism or even a focus on self-determination.

Orienting resistance against imperialist white supremacist capitalist patriarchy is a critical means of naming interlocking systems of oppression in which we are both victim and victimizer.  This is critical to the creation of agency and the resistance of dominator thinking
Hooks 12, Distinguished Professor in Residence at Barea
(Bell, Writing Beyond Race: Living Theory and Practice, pg. 43)
When I first began to use the phrase imperialist white supremacist capitalist patriarchy to characterize
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first step in self-determination.  It is the place of hope.

Tournament: Fullerton | Round: 1 | Opponent: Towson TW | Judge: Luis Magallon
Only a foundational grounding in clear principles of nonviolence can facilitate a successful struggle for liberation.  An approach that does not explicitly rule out violent tactics ensures an eventual move towards violence with counterproductive consequences  
Domhoff 05, Professor of Sociology at UC Santa Cruz
(William, Social Movements and Strategic Nonviolence, www2.ucsc.edu/whorulesamerica/change/science_nonviolence.html)
Despite the effectiveness of strategic nonviolence, complete adherence to it has been abandoned by
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back up to 50 percent in 1966 and to 80 percent by 1980.
Violent resistance is intrinsically connected to violent masculinity and patriarchy.  The move towards violence ensures resistance failure and subjugation of those seen as weak
Bartkowski 13, Senior Director at the International Center on Nonviolent Conflict
(Maciej, Recovering Nonviolent History: Civil Resistance in Liberation Struggles, pg. 339)
Changing entrenched views about the effectiveness of armed resistance is particularly hard as they are
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anticolonial stuggles, as indeed in other struggles against other kinds of oppression.
Belief in the necessity of violent struggle to overcome oppression is not a neutral conception grounded in fact – it’s the result of an intentionally distorted history that privileges armed combat.  The negative will offer case studies to disrupt the dominant narrative of glorious battle for freedom in order to open new productive paths that enable successful non-violent resistance.
Bartkowski 13, Senior Director at the International Center on Nonviolent Conflict
(Maciej, Recovering Nonviolent History: Civil Resistance in Liberation Struggles, pg. 1)
Most people look to historical accounts to understand how their own nations emerged and fought
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to recognize and take into account the role and contribution of civil resistance.

We present the following case studies in order to challenge dominant narratives that valorize armed struggle and dismiss the power of nonviolent resistance:
Ghana - nonviolent resistance was able to quickly and successfully overthrow imperialist repression
Bartkowski 13, Senior Director at the International Center on Nonviolent Conflict
(Maciej, Recovering Nonviolent History: Civil Resistance in Liberation Struggles, pg. 63)
The newly independent state of Ghana took a leading role in advocating and using civil
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– if rarely acknowledged – that if facilitated this process of nation building.
Algeria – They tried violent resistance first and it failed but nonviolent struggle was able to dismantle colonial occupation
Bartkowski 13, Senior Director at the International Center on Nonviolent Conflict
(Maciej, Recovering Nonviolent History: Civil Resistance in Liberation Struggles, pg. 120)
French colonization in Algeria was one of the most intense colonial encounters of the nineteenth
AND
Thus, the decades of nationalist mythology had failed to erase them entirely.

Poland – Nonviolent resistance was the key to throw off occupation but official histories have covered these success stories up in favor of glorified violent struggle
Bartkowski 13, Senior Director at the International Center on Nonviolent Conflict
(Maciej, Recovering Nonviolent History: Civil Resistance in Liberation Struggles, pg. 274)
A critical attitude toward organic work is particularly perplexing given the extent to which the
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role in not only defending, but essentially reimagining, the Polish nation.

Tournament: Fullerton | Round: 4 | Opponent: Michigan KK LOVE YOU RYAN | Judge: Harrigan
Changes in drone policy cause fights between Congress and the White House.
Plain Dealer 13
(The Plain Dealer staff and wire reports, “Battle brewing over Obama administration's use of deadly drones”, 2/6/13, http://www.cleveland.com/nation/index.ssf/2013/02/battle_brewing_over_obama_admi.html)
As some in Congress are looking to limit America's authority to kill suspected terrorists,
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Corker of Tennessee, both have quietly expressed concerns about the deadly operations.

Tournament: Fullerton | Round: 6 | Opponent: NYU EI | Judge: Sarah Lundeen
The aff’s use of law actively displaces moral questions in favor of detached questions of legality propelling violent interventions and structural harm
Smith 2 – prof of phil @ U of South Florida
(Thomas, International Studies Quarterly 46, The New Law of War: Legitimizing Hi-Tech and Infrastructural Violence)
The role of military lawyers in all this has, according to one study,
AND
and construed, hopes of rescuing law from politics will be dim indeed.
Militarism is unsustainable and the root cause of all extinction threats and ensures structural violence – non-violence is the only possible response
Kovel 2
(Joel, “The United States Military Machine”, http://www.joelkovel.org/americanmilitary.htm; Jacob)
I want to talk to you this evening about war - not the immediate threat
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military machine is about to plunge, dragging us all down with it.
The arrogant certainty of their calculations about war produce detached analysis that legitimizes violence and is complicit with militarism. Our alternative is not a totalizing embrace of pacifism, but rather a pacifist analysis that calls for moral and epistemic doubt within our decisionmaking about war – that’s the only way to formulate effective policies to address structural causes of conflict and avoid inevitable cycles of violence
Neu 13 – prof @ U of Brighton
(Michael, International Relations 27(4), December, The Tragedy of Justified War)
Just war theory is not concerned with millions of starving people who could be saved
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otherwise deprive themselves, today, of the possibility of not wronging tomorrow.

Tournament: USC | Round: 1 | Opponent: Emory AB | Judge: Brovero
Interpretation – A restriction limits allowable action
Oxford Advanced Learner’s Dictionary – 2013, http://oald8.oxfordlearnersdictionaries.com/dictionary/restriction
restriction NOUN
1 countable
a rule or law that limits what you can do or what can happen
import/speed/travel, etc. restrictions
restriction on something to impose/place a restriction on something
The government has agreed to lift restrictions on press freedom.
There are no restrictions on the amount of money you can withdraw.
2 uncountable
the act of limiting or controlling somebody/something
sports clothes that prevent any restriction of movement
A diet to lose weight relies on calorie restriction in order to obtain results.
3 countable
a thing that limits the amount of freedom you have
the restrictions of a prison

War power is the power to conduct war successfully
HIRABAYASHI v. UNITED STATES - SUPREME COURT - June 21, 1943, Decided, 320 U.S. 81; 63 S. Ct. 1375; 87 L. Ed. 1774; 1943 U.S. LEXIS 1109
The war power of the national government is "the power to wage war successfully
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review of the wisdom of their action or substitute its judgment for theirs.

Authority is the power to act
COURT OF APPEALS OF TENNESSEE, EASTERN SECTION - October 31, 1925, Decided, RACY CREAM COMPANY v. MARY BELLE WALDEN., 1 Tenn. App. 653; 1925 Tenn. App. LEXIS 85
While the circumstances in and of themselves do not necessarily show that the driver was
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. Jurisdiction. The word is generally used to express a derivative power."

Violation – Requiring notification does not limit the President’s ability to successfully conduct the progress of war operations – it only adds a procedural step – that’s a regulation, not a restriction  
Schackleford, justice – Supreme Court of Florida, 3/12/1917
(J., “ATLANTIC COAST LINE RAILROAD COMPANY, A CORPORATION, et al., Plaintiff in Error, v. THE STATE OF FLORIDA, Defendant in Error,” 73 Fla. 609; 74 So. 595; 1917 Fla. LEXIS 487)

There would seem to be no occasion to discuss whether or not the Railroad Commissioners
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failure to comply with the order for the erection of a union depot.

Specific to war powers – consulting requirements in the WPR don’t “restrict”
PATRICK D. ROBBINS - FALL, 1988, American University, Washington College of Law JD candidate, COMMENT: THE WAR POWERS RESOLUTION AFTER FIFTEEN YEARS: A REASSESSMENT., The American University, 38 Am. U.L. Rev. 141, 

The War Powers Resolution states that its purpose is to fulfill the congressional conception of
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the war powers untouched, neither augmenting nor diminishing the President's authority. n97
FOOTNOTE 97: n97. See id. § 1547(d). Section 8(d) states:
Nothing in this joint resolution --
(1) is intended to alter the constitutional authority of the Congress or of the President, or the provisions of existing treaties; or
(2) shall be construed as granting any authority to the President with respect to the introduction of United States Armed Forces into hostilities or into situations wherein involvement in hostilities is clearly indicated by the circumstances which authority he would not have had in the absence of this joint resolution.
Id.
Despite this provision, some members of Congress viewed the War Powers Resolution as an
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sixty day provision gave President "blank check" to wage brief wars).

Tournament: USC | Round: 6 | Opponent: Harvard KS | Judge: Janna White
Interpretation –
Introduction of “United States Armed Forces” only means personnel
Eric Lorber – January 2013, EXECUTIVE WARMAKING AUTHORITY AND OFFENSIVE CYBER OPERATIONS: CAN EXISTING LEGISLATION SUCCESSFULLY CONSTRAIN PRESIDENTIAL POWER?, J.D. Candidate, University of Pennsylvania Law School, Ph.D Candidate, Duke University Department of Political Science, JOURNAL OF CONSTITUTIONAL LAW Vol. 15:3 , https://www.law.upenn.edu/live/files/1773-lorber15upajconstl9612013

As discussed above, critical to the application of the War Powers Resolution—especially
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human members of the armed forces, such a conclusion is not determinative. 

Violation – Air-Sea Battle is a conceptual plan for creating cross-domain military integration, not a justification for introduction of armed forces – aff does not restrict personnel – also means the plan functionally does nothing
operations are not conducted because of Air-Sea Battle, it structures how we conduct them.
Air-Sea Battle Office 13 (“AIR-SEA BATTLE: Service Collaboration to Address Anti-Access and Area Denial Challenges”, an unclassified summary of the classified Air-Sea Battle Concept, version 9.0, dated May 12 and the Air-Sea Battle Master Implementation Plan (FY13), dated Sep 12, May 2013, http://www.defense.gov/pubs/ASB-ConceptImplementation-Summary-May-2013.pdf)
ASB is a limited objective concept that describes what is necessary for the joint force
AND
AD capabilities and provide maximum operational advantage to friendly joint  and coalition forces.

Tournament: USC | Round: 1 | Opponent: Emory AB | Judge: Brovero
Obama’s Syria maneuver has maximized presidential war powers because it’s on his terms
Posner 9/3, Law Prof at University of Chicago
(Eric, Obama Is Only Making His War Powers Mightier, www.slate.com/articles/news_and_politics/view_from_chicago/2013/09/obama_going_to_congress_on_syria_he_s_actually_strengthening_the_war_powers.html)
President Obama’s surprise announcement that he will ask Congress for approval of a military attack
AND
and avoid it when he knows that it will stand in his way.
Statutory restriction of Presidential War Powers makes warfighting impossible
Yoo 12 – prof of law @ UC Berkeley
(John, War Powers Belong to the President, ABA Journal February 2012 Issue, http://www.abajournal.com/magazine/article/war_powers_belong_to_the_president) we do not endorse the ableist language used in this card, but have left it in to preserve the author’s intent. we apologize for the author’s inappropriate use of the word “paralyze”
The framers realized the obvious. Foreign affairs are unpredictable and involve the highest of
AND
time to introduce sweeping, untested changes in the way we make war.
The plan spills over to broader Congressional decisionmaking
Paul 2008 - Senior Social Scientist; Professor, Pardee RAND Graduate School Pittsburgh Office Education Ph.D., M.A., and B.A. in sociology, University of California, Los Angeles (September, Christopher, “US Presidential War Powers: Legacy Chains in Military Intervention Decisionmaking* ,” Journal of Peace Research, Vol. 45, No. 5 (Sep., 2008), pp. 665-679)

Legacy Chains
Finegold and Skocpol (1995: 222) describe policy legacies: Past and present
AND
law (see the extended ex ample presented later in the article).1 

Executive control of warmaking is key to avoiding nuclear war and terrorism
Li 2009 - J.D. candidate, Georgetown University Law Center, 2009; B.A., political science and history, Yale University (Zheyao, “War Powers for the Fourth Generation: Constitutional Interpretation in the Age of Asymmetric Warfare,” 7 Geo. J.L. and Pub. Pol'y 373 2009 WAR POWERS IN THE FOURTH GENERATION OF WARFARE)

A. The Emergence of Non-State Actors
Even as the quantity of nation-states in the world has increased dramatically since
AND
and action necessary to prevail in fourth-generational conflicts against fourthgenerational opponents.

Tournament: USC | Round: 6 | Opponent: Harvard KS | Judge: Janna White
The Executive branch of the United States federal government should establish a statutory restriction to eliminate the authority of the president of the United States to use Air Sea Battle to introduce United States Armed forces into hostilities.
 and implement this through self-binding mechanisms including, but not limited to independent commissions to review and ensure compliance with the order and transparency measures that gives journalists access to White House decisionmaking.

Including self-binding mechanisms ensures effective constraints and executive credibility
Posner and Vermeule, 6 --- *Prof of Law at U Chicago, AND  Prof of Law at Harvard (9/19/2006, Eric A. Posner and Adrian Vermeule, “The Credible Executive,” http://papers.ssrn.com/sol3/papers.cfm?abstract_id=931501))

IV. Executive Signaling: Law and Mechanisms
We suggest that the executive’s credibility problem can be solved by second-order mechanisms
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-motivated actors. Commitments themselves have value as signals of benign motivations.
This departs from the usual approach in legal scholarship. Legal theory has often discussed
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he can generate support from the public and other members of the government.
Furthermore, our question is subconstitutional; it is whether a well-motivated executive
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in actions that are less costly for good types than for bad types.
We begin with some relevant law; then examine a set of possible mechanisms, emphasizing both the conditions under which they might succeed and the conditions under which they might not; and then examine the costs of credibility.
A. A Preliminary Note on Law and Self-Binding
Many of our mechanisms are unproblematic from a legal perspective, as they involve presidential
AND
new political coalitions that will act to defend the new rules or policies.
More schematically, we may speak of formal and informal means of self-binding:
(1) The president might use formal means to bind himself. This is possible in the sense that an executive order, if otherwise valid, legally binds the president while it is in effect and may be enforced by the courts. It is not possible in the sense that the president can always repeal the executive order if he can bear the political and reputational costs of doing so.
(2) The president might use informal means to bind himself. This is
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as a breach of faith even if no other institution ever enforces it.
In what follows, we will invoke both formal and informal mechanisms. For our
AND
ones, it does not matter whether the constraint is formal or informal.
B. Mechanisms
What signaling mechanisms might a well-motivated executive adopt to credibly assure voters,
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– but it is not explained why the constitutional order should be fractal.
Second, Katyal’s proposals for internal separation of powers are self-defeating: the
AND
ensures that the proposals are not self-defeating, whatever their costs.
The contrast here must not be drawn too simply. A well-motivated executive
AND
have no incentive to adopt proposals intended to constrain that sort of actor.
Independent commissions. We now turn to some conceptually coherent mechanisms of executive signaling. Somewhat analogously to Katyal’s idea of the internal separation of powers, a well-motivated executive might establish independent commissions to review policy decisions, either before or after the fact. Presidents do this routinely, especially after a policy has had disastrous outcomes, but sometimes beforehand as well. Independent commissions are typically blue-ribbon and bipartisan.82
We add to this familiar process the idea that the President might gain credibility by
AND
the costs of wiggling out even if they do not completely prevent it.
Consider whether George W. Bush’s credibility would have been enhanced had he appointed a
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-motivated executive to credibly distinguish himself from the ill-motivated one.
The more common version of this tactic is to appoint commissions after the relevant event
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a plausible inference that the president’s future behavior will track his past behavior.
Bipartisan appointments. In examples of the sort just mentioned, the signaling arises from
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to commit to giving the agency some autonomy from the president’s preferences.86
Similar mechanisms can work even where no statutes are in the picture. As previously
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which in turn encourages broader delegations of discretion from the public and Congress.
A commitment to bipartisanship is only one way in which appointments can generate credibility.
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that the president will not deviate (too far) from their preferences.
The Independent Counsel Statute institutionalized the special prosecutor and strengthened it. But the statute
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viewpoints is harder to ignore, if the members agree with each other.
More generally, the decision by presidents to bring into their administrations members of other
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the existence of the program(s) was revealed to the public.
Counter-partisanship. Related to bipartisanship is what might be called counterpartisanship: presidents
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enemy combatants, but not when he creates a massive prescription drug benefit.
Counter-partisanship can powerfully enhance the president’s credibility, but it depends heavily on
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who opposed the Mexican War). But a nation is not always lucky.
Transparency. The well-motivated executive might commit to transparency, as a way
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first place, and the public can therefore draw an inference to credibility.
Credibility is especially enhanced when transparency is effected through journalists with reputations for integrity or
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in signaling in the present through (the threat of) future transparency.
There are complex tradeoffs here, because transparency can have a range of harmful effects
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who give them access by portraying their decisionmaking in a favorable light.97
We will take up the costs of credibility shortly.98 In general, however, the existence of costs does not mean that the credibility-generating mechanisms are useless. Quite the contrary: where the executive uses such mechanisms, voters and legislators can draw an inference that the executive is well-motivated, precisely because the existence of costs would have given an ill-motivated executive an excuse not to use those mechanisms.
Multilateralism. Another credibility-generating mechanism for the executive is to enter into alliances
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“wag the dog” tactic intended to distract attention from Clinton’s impeachment.
A public commitment to multilateralism can close or narrow the credibility gap.
Suppose that a group of nations have common interests on one dimension – say,
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infer that interventions that gain multilateral approval do not rest on disreputable motives.
It follows that multilateralism can be either formal or informal. Action by the United
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that there is no nefarious motive behind an intervention, should one occur.
It also follows that multilateralism and bipartisan congressional authorization may be substitutes, in terms
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Nations Security Council rather than congressional authorization to prosecute the Korean War.99
The costs of multilateralism are straightforward. Multilateralism increases the costs of reaching decisions,
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president who does pursue multilateralism is more likely to be well-motivated.
Strict liability. For completeness, we mention that the well-motivated executive might
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is doing, and what the costs and benefits of the alternatives are.
Here the credibility gap might be narrowed by creating a cause of action, for
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(even unintentional and non-negligent) surveillance of purely domestic communications.
However, there are legal and practical problems here, perhaps insuperable ones. Legally
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not perceive the connection between governmental action and subsequent payouts in any event.
The news conference. Presidents use news conferences to demonstrate their mastery of the details
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conferences, resources that might have been better used in other ways.108
“Precommitment politics.”109 We have been surveying mechanisms that the wellmotivated executive can
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. Bush discovered when he broke his clear pledge not to raise taxes.

Tournament: USC | Round: 1 | Opponent: Emory AB | Judge: Brovero
The Executive branch of the United States federal government should issue an executive order to make the covert action regime the presumptive framework for offensive cyber operations.  The executive branch should be held accountable and share information with legislators.
The counterplan solves the case, ensure presidential flexibility and avoids politics
Brecher, 12 --- J.D. Candidate, May 2013, University of Michigan Law School (December, Aaron P., Michigan Law Review, “Cyberattacks and the Covert Action Statute: Toward a Domestic Legal Framework for Offensive Cyberoperations,” 111 Mich. L. Rev. 423))

III. Enacting the Covert Action Regime as Presumptive via Executive Order
Cyberattacks present a challenge for U.S. policymakers: they are difficult to locate within a clear legal category and there is a significant risk of uncontrollable consequences associated with their use. As a result, policymakers must choose a paradigm to govern their use that will ensure that the executive branch is held accountable and shares information with legislators.
This Part argues that the federal government should adopt the presumption that cyberattacks will be
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- enacting legislation - because of the practical difficulties of passing new legislation.
The covert action regime is the best approach for committing cyberattacks under the current law
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. n146 Establishing a presumptive answer would go far toward resolving this dispute.
Most importantly, adopting the covert action framework as the presumptive legal regime would be
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without unduly restricting the executive's choice to use military authorities in appropriate circumstances.