Aff - Same as Kentucky 1NC - T release == restriction AND yancy K block2nr - yancy k
Harvard
5
Opponent: NU KM | Judge:
1AC - Same as before but new plan 2NR - Politics
Harvard
6
Opponent: Wake MQ | Judge: Nate Cohn
1AC - Same 2NR - Warfighting XO CP Democracy Bad
Kentucky
1
Opponent: Liberty CE | Judge: Robert Glass
1AC - Detention with Legitimacy Democracy and new Russia scenario on Democracy 1NC - K about narratives state patriarchy race and legal reform and case impact turns
Kentucky
3
Opponent: George Washington NS | Judge: Nick Brown
1AC - see kentucky rd 1 1NC - iran da t release == restriction liberalism bad k xo cp politics democracy bad on case 2NR - K
NDT
2
Opponent: Liberty BM | Judge: Lundberg, Stevenson, Murillo
1AC - Risk Aff 1NC - Queer Theory K Legalism Bad on Case 2NR - Queer Theory K
NDT
4
Opponent: Michigan AP | Judge: Najor, Lucus-Bolin, Larson
1AC war on terror war paradigm bad heg advan terror advan
Ndt
6
Opponent: USC PV | Judge: Bato, Lundeen, Olney
1AC- End War on Terror 1NC- StatJudicial Spec XO CP NSA politics "Trumanite" K self defense DA case w PMC's turn
Pitt RR
1
Opponent: NU MP | Judge: Najor
new risk aff 1nc - xo cp salaries da politics da WOT da T must prohibit
Pitt RR
1
Opponent: NU MP | Judge: Najor
new risk aff 1nc - xo cp salaries da politics da WOT da T must prohibit
Pitt RR
1
Opponent: NU MP | Judge: Najor
new risk aff 1nc - xo cp salaries da politics da WOT da T must prohibit
Pitt RR
3
Opponent: West Georgia AM | Judge: Lincoln Garrett
1NC - Racial Slurs K Antiblackness Counterpraxis
Shirley
2
Opponent: Louisville BL | Judge: Philip DiPiazza
Aff was Islamophobia 1NC2NR was a Cognitive Behavior Intervention countermethod
Shirley
3
Opponent: North Texas MQ | Judge: Janna White
Aff - Same as last two tournaments 2NR - Regionalism Turns to Heg Adv
Texas
2
Opponent: Georgia State FF | Judge: Christian Bato
Aff - Risk Aff 2NR - ASPEC
Texas
3
Opponent: OU CL | Judge: Andy Larson
Aff - Risk Aff w Legalism Good Neg - Law Bad
Texas
5
Opponent: Wake MQ | Judge: Alex Zendeh
1NC - T authority OLC CP AUMF DA Terrorism DA PQD DA Politics 2NR - T authority
UMKC
Doubles
Opponent: Wichita State MR | Judge:
1AC Detention with Legitimacy and Democracy 1NC Gender IR K T must be Ban Democracy Bad Heg Bad 2NR Gender IR K
USC
6
Opponent: Towson TW | Judge: Donny Peters
1AC - Islamophobia Neg - Hip Hop Pedagogy
To modify or delete round reports, edit the associated round.
Cites
Entry
Date
AT Circumvention, T Release, and Yancy K
Tournament: Harvard | Round: 1 | Opponent: George Mason BW | Judge: Martin Osborn
2AC
AT Circumvention
No circumvention by the executive
Stimson 9 ~09/25/09, Cully Stimson is a senior legal fellow at the Heritage Foundation and an instructor at the Naval Justice School former American career appointee at the Pentagon. Stimson was the Deputy Assistant Secretary of Defense for Detainee Affairs, "Punting National Security To The Judiciary", http://blog.heritage.org/2009/09/25/punting-national-security-to-the-judiciary/~~ So what is really going on here? To those of us who have either AND the administration close Gitmo without taking the heat for actually releasing detainees themselves.
AT Democracy Link
No basis for the claim that democracy is western – their link arguments are based on defenders of oppressive practices.
Thomas M. Franck, Professor of Law and Director of the Center for International Studies at New York University’s School of Law, January/February 2001, Foreign Affairs, Lexis Academic
First, the matter of exceptionalist legitimacy — or the lack thereof. Many prominent AND for blasphemy is recommended by the Old Testament (Leviticus 24:16).
Hegemony Inevitable
Pursuit of hegemony’s locked-in – the only question is effectiveness
Dorfman 12, Assistant editor of Ethics and International Affairs (Zach What We Talk About When We Talk About Isolationism, http://dissentmagazine.org/online.php?id=605-http://dissentmagazine.org/online.php?id=605) The rise of China notwithstanding, the United States remains the world’s sole superpower. AND come and go, but the national security state appears here to stay.
Heg is key to decease excess American interventionism
Kagan and Kristol, 2k (Robert and William, "Present Dangers", Kagan is a Senior Associate at the Carnegie Endowment for International Peace, and Kristol is the editor of The Weekly Standard, and a political analyst and commentator, page 13-14 ) http://www2.uhv.edu/fairlambh/asian/present_dangers.htm
It is worth pointing out, though, that a foreign policy premised on American AND " power that awaits a dramatic challenge before it rouses itself into action.
Hegemony Good
Empirics go aff – hegemony has made war obsolete
Owen, Professor Politics U of Virginia, ’11 (John, February 11, "Don’t Discount Hegemony" Cato, www.cato-unbound.org/2011/02/11/john-owen/dont-discount-hegemony/-http://www.cato-unbound.org/2011/02/11/john-owen/dont-discount-hegemony/) Andrew Mack and his colleagues at the Human Security Report Project are to be congratulated AND in part by the emergence of the United States as the global hegemon.
Studies prove conflicts have been decreasing – primacy is THE reason.
Drezner, 2005 ~Daniel, Gregg Easterbrook, Associate Professor of International Politics at the Fletcher School of Law and Diplomacy at Tufts University, "War, and the dangers of extrapolation," may 25~ Daily explosions in Iraq, massacres in Sudan, the Koreas smakestaring at each other AND , the prospect of U.S. intervention would be equally daunting.
2AC T
We meet—release means they are NO LONGER INDEFINITELY DETAINED—the aff says that a category of people "people who have won their habeas hearing" must be released which means that we restrict the president’s authority to keep detaining anyone who wins their habeas corpus hearing
====Your interp is unprecedented in Supreme Court interpretation==== Vaughns 13, University of Maryland School of Law professor (Katherine L, "Of Civil Wrongs and Rights: Kiyemba v. Obama and the Meaning of Freedom, Separation of Powers, and the Rule of Law Ten Years After 9/11," 20 Asian Am. L.J. 7 (2013) http://scholarship.law.berkeley.edu/aalj/vol20/iss1/2) As stated in the Uighurs’ certiorari petition, as a constitutional matter, "the AND left the separation of powers out of balance and tilting dangerously toward unilateralism.
C/I—War powers authority of indefinite detention is keeping people without being charges filed—the aff means he can no longer do that for a CATEGORY OF PEOPLE
The Committee on Federal Courts 4 ~2004, The Committee on Federal Courts, "THE INDEFINITE DETENTION OF "ENEMY COMBATANTS": BALANCING DUE PROCESS AND NATIONAL SECURITY IN THE CONTEXT OF THE WAR ON TERROR *", 59 The Record 41, The Record of The Association of The Bar of the City of New York~
The President, assertedly acting under his "war power" in prosecuting the "war on terror," has claimed the authority to detain indefinitely, and without access to counsel, persons he designates as "enemy combatants," an as yet undefined term that embraces selected suspected terrorists or their accomplices. Two cases, each addressing a habeas corpus petition brought by an American citizen, have reviewed the constitutionality of detaining "enemy combatants" pursuant to the President’s determination: - Hamdi v. Rumsfeld, 316 F.3d 450 (4th Cir. 2003), cert. granted, 124 S. Ct. 981 (Jan. 9, 2004) (No. 03-6696), concerns a citizen seized with Taliban military forces in a zone of armed combat in Afghanistan; - Padilla ex. rel. Newman v. Bush, 233 F. Supp. 2d 564 (S.D.N.Y. 2002), rev’d sub nom., Padilla ex. rel. Newman v. Rumsfeld, 352 F.3d 695 (2d Cir. 2003), cert. granted, 124 S. Ct. 1353 (Feb. 20, ~*42~ 2004) (No. 03-1027), concerns a citizen seized in Chicago, and suspected of planning a terrorist attack in league with al Qaeda. Padilla and Hamdi have been held by the Department of Defense, without any access AND , § 2), to detain persons he classifies as "enemy combatants": - indefinitely, for the duration of the "war on terror"; - without any charges being filed, and thus not triggering any rights attaching to criminal prosecutions; - incommunicado from the outside world; - specifically, with no right of access to an attorney; - with only limited access to the federal courts on habeas corpus, and with no right to rebut the government’s showing that the detainee is an enemy combatant.
Restriction includes a limitation
STATE OF ARIZONA, Appellee, v. JEREMY RAY WAGNER, April 10, 2008, Filed, Appellant., 1 CA-CR 06-0167, 2008 Ariz. App. Unpub. LEXIS 613, opinion by Judge G. MURRAY SNOW
P10 The term "restriction" is not defined by the Legislature for the purposes AND dictate that the term "restriction" includes the ignition interlock device limitation.
Prefer—
Precision—our ev cites the committee on federal courts and a court case—limits are meaningless if they’re not predictable
Aff ground—every aff in their interpretation would lose to the circumvention—aff ground outweighs cuz it sets the direction of the debate
Not bidirectional—has to be released no matter what
Good is good enough—competing interpretations leads to a race to the bottom and a substance crowdout
2AC K
Floating piks bad
Framework—the primary purpose of debate should be to improve our skills as decisionmakers through a discussion of public policy
Decisionmaking skills are necessary to decide between individual courses of action that affect us on a daily basis—flexing our muscles in the high-stakes games of public policymaking is necessary to make those individual decisions easier
The neg must connect their alternative to policy concerns and institutional practices—absent these questions shifts in knowledge production are useless – governments’ obey institutional logics that exist independently of individuals and constrain decisionmaking
Wight – Professor of IR @ University of Sydney – 6 (Colin, Agents, Structures and International Relations: Politics as Ontology, pgs. 48-50
One important aspect of this relational ontology is that these relations constitute our identity as AND upon it, upon its specific characteristics, its constants and its variables’.
Discussions of structure should precede substance—second generation Guantanamo issues require a more detailed focus on the legal system—student advocacy enables us to make change
Marguiles 11, Professor of Law ~February 9, 2011, Peter Margulies is Professor of Law, Roger Williams University., "The Ivory Tower at Ground Zero: Conflict and Convergence in Legal Education’s Responses to Terrorism"Journal of Legal Education, Vol. 60, p. 373, 2011, Roger Williams Univ. Legal Studies Paper No. 100~ If timidity in the face of government overreaching is the academy’s overarching historical narrative, AND Students need more uidance on what to look for when structure shapes substance.
Illogical causality—no end point to when we have to start
Permutation—do the plan and the alternative—the starting point of military detention allows an interrogation of US notions of punishment
Debate should be a space of political contestation in which arguments about who we are and what we ought to do are to be examined and debated without trump cards—the content of our arguments should be evaluated not without identity, but without identity as a trump card over its merits
Brown 95 – prof @ Berkeley (Wendy, States of Injury, p. 47-51) The postmodern exposure of the imposed and created rather than discovered character of all knowledges AND identity, and morality and to redress our underdeveloped taste for political argument.
Forcing specific policy analysis is key – allows state institutions to be reclaimed and generates debater education necessary to create a left governmentality – necessary to create a public sphere
Ferguson, Professor of Anthropology at Stanford, 11 (The Uses of Neoliberalism, Antipode, Vol. 41, No. S1, pp 166–184) If we are seeking, as this special issue of Antipode aspires to do, AND some rather useful little mechanisms may be nearer to hand than we thought.
To claim that domestic racism should proceed the "international" violence the US commits against foreign bodies is unethical—their overly broad focus on white supremacy cannot explain particulars of interethnic conflicts and undermines effective racial politics—star this card
Sunstrom 8, Associate Professor of Philosophy ~2008, Ronald R. Sunstrom is a black Associate Professor of Philosophy at AND America and the Evasion of Social Justice", pp. 65-92~
It would be odd and troubling for the nation to merrily work toward justice at AND debts and expand in a cosmopolitan direction the very idea of social justice.
We’ll impact turn their link—a unique focus on military detention is critical—military detention establishes an unprecedented and new manifestation of prison systems characterized by no end or bounds—the fixture of military prisons in a space of lawlessness demands an exposition otherwise the stories are forgotten
AT Immigration Politics Harvard, AT OLC CP, AT T - Must Ban, AT Warfighting, AT Court Politics, and EU Relations Add-On
Tournament: Harvard | Round: 5 | Opponent: NU KM | Judge:
2AC T
We meet—indefinite detention with a right to habeas corpus isn’t indefinite detention
Restriction includes a limitation
STATE OF ARIZONA, Appellee, v. JEREMY RAY WAGNER, April 10, 2008, Filed, Appellant., 1 CA-CR 06-0167, 2008 Ariz. App. Unpub. LEXIS 613, opinion by Judge G. MURRAY SNOW
P10 The term "restriction" is not defined by the Legislature for the purposes AND natural and obvious meaning, which may be discerned from its dictionary definition."). P11 The dictionary definition of "restriction" is "~a~ limitation or qualification AND dictate that the term "restriction" includes the ignition interlock device limitation.
Their interpretation overlimits to only one aff in each topic area—aff flex ensures innovative topics encouraging research skills and in depth discussions
Our interpretation is more precise by citing a court case—that means our limit is predictable and better reflects the topic
Default to reasonability—competing interpretations leads to a race to limit out affs at the expense of substance—affs need to know they’re topical
2AC OLC CP
Multiple conditional options bad – it’s a voter – rejecting the arg incentivizes abuse
First is skew – aff can’t read their best offense because the neg can just kick their argument and can cross-apply offense, kills fairness
Second is research – they can advocate contradictory positions, kills education and advocacy skills
Dispo solves their offense
2009 proves the CP links to politics
Fisher, 13 —- served four decades in the Library of Congress as senior specialist in separation of powers at the Congressional Research Service and specialist in constitutional law at the Law Library (7/1/2013, Louis, The National Law Journal, "Closing Guantanamo http://www.constitutionproject.org/wp-content/uploads/2013/07/Guantanamo-NLJ-2013.pdf))
On January 22, 2009, on his second day in office, Obama issued AND was the type of unilateral action that backfired on George W. Bush.
Doesn’t solve Judicial Globalism
Separation of Powers—judicial action is key restore the balance with the executive by asserting judicial strength and countering perceptions of judicial irrelevance—that’s Schnarf—the impact is our CJA evidence—prevents stable democratic transitions globally
Globalization—only the plan is modeled—Judiciary’s participate in transnational conferences and interactions and are looked to by foreign governments—that’s Schnarf—those are key to encourage judicial independence and strength in new states
Doesn’t solve Legitimacy
Stable Interpretation Key—The courts’ strengths in offering a stable interpretation of the law—US legal structures uniquely generate credibility—stable interpretation of the law bolsters hegemonic stability because nations know they can rely on those interpretations—states fear the ability of the executive to make abrupt moves—that’s Knowles
Accountability—the court is uniquely accessible because its seen as an avenue for countries to lodge complaints against the US—credibility of judicial action is key to make the US seem broadly accountable which is key—that’s Knowles
Global Governance—legal norms are key to make hegemony effective—legal consistency and commitment to international norms allows us to legitimize pushing for liberal norms like free markets and cooperation which are key to stability—that’s Knowles and Kromah
Perm do both—solves the NB because Obama will be seen as taking the lead
Perm do the CP
Only the courts can solve – The Executive tried and congress removed their funding for transfer
Chow 11, JD from Cardozo (Samuel, THE KIYEMBA PARADOX: CREATING A JUDICIAL FRAMEWORK TO ERADICATE INDEFINITE, UNLAWFUL EXECUTIVE DETENTIONS, www.cjicl.com/uploads/2/9/5/9/2959791/cjicl_19.3_chow_note.pdf) After the D.C. Circuit Court issued its opinion and while the petition AND for release, therefore, turned again on the pending petition for certiorari.
The CP is a rubber stamp—data proves a host of structural pressures ensures OLC pressure is meaningless
Which leads to a fundamental question. Morrison relies heavily on the "norms" AND ranging deference to the constitutional views expressed by the "democratically elected President."
2AC Warfighting DA
Our internal link outweighs—hegemonic stability is based on security guarantees and trade relationships fostered by the US—ensuring the durability of that system depends states’ acceptance of the hegemon’s role—maintaining the order through military power alone exhausts resources and lead to counterbalancing
Our evidence is comparative—the hegemonic model reduces the need for executive branch flexibility, and the institutional competence terrain shifts toward the courts—because a governance in a hegemonic system depends on voluntary acquiescence, the courts are critical
No deference now and case by case approach means no spillover—doesn’t take out the aff because our 1ac evidence is about ONLY the kiyemba decision
Siegel 12, Associate at Cleary Gottlieb (Ashley E., SOME HOLDS BARRED: EXTENDING EXECUTIVE DETENTION HABEAS LAW BEYOND GUANTANAMO BAY, www.bu.edu/law/central/jd/organizations/journals/bulr/documents/SIEGEL_000.pdf) This Note explores the novel area of law extending habeas rights to war-on AND by foreign nations at the behest of the U.S. government.
The plan has no negative effect on the military – Boumediene should have already caused the link
ACLU 09 ~American Civil Liberties Union~ (Brief Amicus Curiae of the American Civil Liberties Union in Support of Petitioners, www.americanbar.org/content/dam/aba/publishing/preview/publiced_preview_briefs_pdfs_09_10_08_1234_PetitionerAmCuACLU.authcheckdam.pdf) The third Boumediene factor, the practical obstacles involved, again weighs more heavily in AND are entitled to challenge their ongoing detention under the Due Process Clause.10
2AC Court Capital
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~ Judicial triumphs tend to beget more judicial triumphs - and sometimes judicial triumphalism and hubris AND and The Washington Post and ignored any judicial decrees to the contrary. 17
Kennedy won’t be on top—he came out against the plan
Vaughn and Wiliams, Professors of Law, 13 ~2013, Katherine L. Vaughns B.A. (Political Science), J.D., University of California at Berkeley. Professor of Law, University of Maryland Francis King Carey School of Law, and Heather L. Williams, B.A. (French), B.A. (Political Science), University of Rochester, J.D., cum laude, University of Maryland Francis King Carey School of Law, "OF CIVIL WRONGS AND RIGHTS: 1 KIYEMBA V. OBAMA AND THE MEANING OF FREEDOM, SEPARATION OF POWERS, AND THE RULE OF LAW TEN YEARS AFTER 9/11", Asian American Law Journal, Vol. 20, 2013, http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2148404~~ On remand, in what came to be called Kiyemba III, 57 the D AND law principles suggests they are entitled, having had their detention determined unlawful.
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~ Dean Choper’s fundamental assumption, then, is that Supreme Court abstention on issues of AND if it had chosen to stay out of interbranch and intersystemic conflicts. 146
Normal means is courts will announce their decision at the end of the term and that solves the link
Mondak 92 ~Jeffery J., assistant professor of political science @ the University of Pittsburgh. "Institutional legitimacy, policy legitimacy, and the Supreme Court." American Politics Quarterly, Vol. 20, No. 4, Lexis~ The process described by the political capital hypothesis acts as expected in the laboratory, AND the Court release popular edicts to offset the effects of its controversial actions?
Terrorist networks are weak – Bin Laden’s death, Abbottabad intelligence, no safe haven
Castelletti et al 10 ~Bárbara, economist at the OECD Development Centre, , Jeff Dayton-Johnson, head of the OECD development Centre, and Ángel Melguizo, economist at the OECD Development Centre, "Migration in Latin America: Answering old questions with new data," 3/19/10, http://www.voxeu.org/index.php?q=node/4764-http://www.voxeu.org/index.php?q=node/4764~~** Most research on migration assumes that workers are employed in activities that correspond to their AND the non-recognition of foreign qualifications or excessive requalification requirements for foreigners.
No House vote —- GOP won’t bend to Obama pressure
Berman, 10/25 (Russell, 10/25/2013, "GOP comfortable ignoring Obama pleas for vote on immigration bill," http://thehill.com/homenews/house/330527-gop-comfortable-ignoring-obama-pleas-to-move-to-immigration-reform-http://thehill.com/homenews/house/330527-gop-comfortable-ignoring-obama-pleas-to-move-to-immigration-reform)) For President Obama and advocates hoping for a House vote on immigration reform this year, the reality is simple: Fat chance. ~Video~ Since the shutdown, Obama has repeatedly sought to turn the nation’s focus to immigration reform and pressure Republicans to take up the Senate’s bill, or something similar. But there are no signs that Republicans are feeling any pressure. Speaker John Boehner (R-Ohio) has repeatedly ruled out taking up the comprehensive Senate bill, and senior Republicans say it is unlikely that the party, bruised from its internal battle over the government shutdown, would pivot quickly to an issue that has long rankled conservatives. Rep. Tom Cole (R-Okla.), a leadership ally, told reporters Wednesday there is virtually no chance the party would take up immigration reform before the next round of budget and debt-ceiling fights are settled. While that could happen by December if a budget conference committee strikes an agreement, that fight is more likely to drag on well into 2014: The next deadline for lifting the debt ceiling, for example, is not until Feb. 7.
Even immigration advocates are backing off because they think it won’t pass
Palmer 26 Sherman, 10/25 (Anna Palmer and Jake Sherman, 10/25/2013, "House GOP plans no immigration vote in 2013," http://www.politico.com/story/2013/10/house-gop-plans-no-immigration-vote-in-2013-98824.html?hp=r1)-http://www.politico.com/story/2013/10/house-gop-plans-no-immigration-vote-in-2013-98824.html?hp=r1)) Other prominent immigration supporters like Sen. Marco Rubio (R-Fla.) have also backed off any deal, saying the Obama administration has "undermined" negotiations by not defunding his signature health care law. Rep. Raul Labrador (R-Idaho) went further, saying Obama is trying to "destroy the Republican Party" and that GOP leaders would be "crazy" to enter into talks with Obama. That rhetoric combined with signals in private conversations with lawmakers and staff has led some immigration advocates to say they see the writing on the wall and they aren’t going to invest heavily until there’s more momentum. (PHOTOS: Immigration reform rally on the National Mall) "After Obama poisoned the well in the fiscal showdown and ~House Minority Leader Nancy~ Pelosi now is actively trying to use immigration as a political weapon, the chances for substantive reforms, unfortunately, seem all but gone," said one GOP operative involved in the conservative pro-immigration movement. Many of the groups that ran ads after the Senate passed its immigration bill — including the American Action Network and U.S. Chamber of Commerce — have gone silent on air. Several immigration reform proponents said that until House Republicans come up with legislation, there won’t be any television advertising campaigns.
Court shields—star this card
Stimson 9 ~09/25/09, Cully Stimson is a senior legal fellow at the Heritage Foundation and an instructor at the Naval Justice School former American career appointee at the Pentagon. Stimson was the Deputy Assistant Secretary of Defense for Detainee Affairs., "Punting National Security To The Judiciary", http://blog.heritage.org/2009/09/25/punting-national-security-to-the-judiciary/~~ So what is really going on here? To those of us who have either AND the administration close Gitmo without taking the heat for actually releasing detainees themselves.
Dems will block and they’re key
Lerer and Tiron, 10/24 (Lisa and Roxana, 10/24/2013, "Republicans After Shutdown Seen Losing Again on Immigration," http://www.bloomberg.com/news/2013-10-24/republicans-after-shutdown-seen-losing-again-defying-immigration.html-http://www.bloomberg.com/news/2013-10-24/republicans-after-shutdown-seen-losing-again-defying-immigration.html)) Shortly after the U.S. government shutdown ended, President Barack Obama declared that he wanted immigration legislation back on Congress’s agenda, with the goal of passage by year’s end. Some fellow Democrats are in no hurry. Their concern: a compromise with Republicans might take the edge off an issue that tops the agenda for Hispanics, a group that gave Obama 71 percent of its votes in the 2012 presidential election. Democrats want to hold onto that decisive margin in their bid to keep control of the U.S. Senate and win a House majority in next year’s congressional races.
The plan pacifies the base and gets their support
Goldsmith and Wittes 9, Prof at Law School ex-assistant attorney general and senior fellow at Brookings ~12/22/09, Jack Goldsmith teaches at Harvard Law School and served as an assistant attorney general in the Bush administration. Benjamin Wittes, a former Post editorial writer, is a senior fellow at the Brookings Institution and the editor of "Legislating the War on Terror: An Agenda for Reform." Both are members of the Hoover Institution’s Task Force on National Security and Law, "A role judges should not have to play", http://articles.washingtonpost.com/2009-12-22/opinions/36890191_1_detention-policy-judges-judicial-system~~ Congress has avoided these issues for a number of reasons. Initially, it was AND — to any effort to write detention rules and limitations into statutory law.
Wilson 26 Eilperin, 10/17 (Scott and Juliet, 10/17/2013, Washington Post.com, "Obama plans to renew immigration, climate change efforts; But White House officials acknowledge that Republicans might remain unwilling to help him, Factiva)) Even with federal workers returning to their jobs, the administration’s ability to execute policy is undermined by the fact that it still has dozens of posts in key agencies that remain unfilled. There are 183 executive nominations pending in the Senate. At the Department of Homeland Security, more than a dozen top officials — including the secretary — are acting rather than permanent. New York University public service professor Paul C. Light is pessimistic that Obama can accomplish much in coming months. He said Obama is running out of time to get things done in the face of GOP resistance and the decline of influence that comes with a second term. "I don’t think that he’ll get anything. His agenda is finished," Light said. "It’s a political tragedy, because he’s got more knowledge about the job and less juice to get it done."
Specifically it will splinter cooperation with European allies
Smith, Director of the Europe Program at CSIS, 7 (JULIANNE SMITH, DIRECTOR AND SENIOR FELLOW, EUROPE PROGRAM, CENTER FOR STRATEGIC AND INTERNATIONAL STUDIES, In a report for Congress, "EXTRAORDINARY RENDITION IN U.S. COUNTERTERRORISM POLICY: THE IMPACT ON TRANSATLANTIC RELATIONS", http://foreignaffairs.house.gov/110/34712.pdf-http://foreignaffairs.house.gov/110/34712.pdf The transatlantic relationship has long been heralded as one of the strongest—¶ if not AND , low favorability ratings can indeed hinder America’s ability to solve global challenges. Global war O’Sullivan 4 – vice president of the Mission Critical Networks business area, which includes all FAA programs, as well as the Alaska Flight Services Modernization and OASIS programs ~March 31, 2004, John O’Sullivan, "Europe and the Establishment," The National Interest, http://nationalinterest.org/article/europe-and-the-establishment-2608-http://nationalinterest.org/article/europe-and-the-establishment-2608~~ The report’s starting point — that U.S.-European relations are extremely important AND the maneuvering between a half-dozen great powers that led to 1914.
EU economic ties are key to the economy Bergsten 99 C. Fred Bergsten, Director, Institute for International Economics, "America and Europe: Clash of the Titans?" FOREIGN AFFAIRS v. 78 n. 2, March/April 1999, p. 20+, LN. Partly as a result of these seismic shifts, transatlantic economic interdependence and joint responsibility AND possibility of its full participation in the core leadership group remains highly uncertain.
—- 1ar No Vote This Year
GOP private comments conclude neg —- their ev is public talking points
Lipton 26 Parker, 10/25 (Eric and Ashley, 10/25/2013, NYTimes.com Feed, "Conservative Coalition Presses House Republicans to Act on Immigration," Factiva)) The push to bring immigration legislation to the House floor comes only weeks after House conservatives alienated many longtime supporters — including much of corporate America — by trying to block financing for President Obama’s health care law, a move widely blamed for the government shutdown. House Republican leaders, including Speaker John A. Boehner of Ohio and Representative Eric Cantor of Virginia, the majority leader, among others, support taking up their own immigration legislation this year, given that the Senate has already passed a comprehensive bill. But privately, some House Republican officials are saying that they do not expect any major legislation to move through the House this year, or perhaps not even until 2015, in advance of the next presidential election. There is intense division within the party over the proposals. In fact, a core group of hard-line conservatives said in interviews this week that they would not be intimidated by pressure from corporate America or other outside parties, even though in this case that includes farmers, evangelical leaders and some prominent conservatives. "I care about the sovereignty of the United States of America and what it stands for, and not an open-door policy," said Representative Ted Yoho, Republican of Florida, who is one of several conservatives opposing all of the bills the House is currently considering.
—- GOP Won’t Support
GOP doesn’t see political incentive —- won’t support before midterms
Lipton 26 Parker, 10/25 (Eric and Ashley, 10/25/2013, NYTimes.com Feed, "Conservative Coalition Presses House Republicans to Act on Immigration," Factiva)) A growing number of Republicans, however, privately say they see no political advantage AND say, they are most optimistic about pushing through an overhaul in 2015.
No Comprehensive Reform
House GOP won’t support comprehensive reform
Chakraborty, 10/24 (Barnini, 10/24/2013, "A pivot in priorities? Obama touts immigration reform," http://www.foxnews.com/politics/2013/10/24/pivot-in-priorities-obama-touts-immigration-reform/)-http://www.foxnews.com/politics/2013/10/24/pivot-in-priorities-obama-touts-immigration-reform/)) The lower chamber of Congress has just five legislative weeks left to push the plan through – something Obama as well as House Speaker John Boehner believes can be accomplished. "I still think immigration reform is an important subject that needs to be addressed," Boehner told reporters at a Capitol Hill news conference earlier this week. "And I’m hopeful." However, almost immediately following the president’s speech, Boehner’s press spokesman released a statement saying the speaker was opposed to the Senate immigration package. "(Boehner) has been clear that the House will not consider any massive, ObamaCare-style legislation that no one understands," Brendan Buck said in a written statement. "Instead, the House is committed to a common sense, step-by-step approach that gives Americans confidence that reform is done the right way."
—- 1ar PC Not Key / Won’t Pass
PC not key and party infighting prevents House vote
Shiner, 10/22 (Meredith, 10/22/2013, "Did the Shutdown Help the Immigration Cause?" http://www.rollcall.com/news/did_the_shutdown_help_the_immigration_cause-228577-1.html?pos=hbtxt-http://www.rollcall.com/news/did_the_shutdown_help_the_immigration_cause-228577-1.html?pos=hbtxt)) Advocates of an immigration overhaul may see a silver lining in the recent 16-day government shutdown for their cause in the House, sensing that Republicans will want to win back some of the popular support they lost over the past month. But House GOP insiders remain skeptical that the fractured Republican Conference will be able to get something done on the issue anytime soon. Backers of a rewrite of immigration laws view the recent plunge in Republican favorability ratings as an opening for the party to push the immigration issue and help repair the GOP brand. Even so, action may be stymied by continued infighting over government spending and lawmakers who have little interest in helping the party resuscitate its damaged reputation. Sources familiar with the thinking of Republican leaders and the rowdy conservatives who clash with them are pessimistic about the party’s ability to come together, even if immigration changes enjoy popular support with voters and among the party. "I would ask these immigration proponents, ’Does our party look like it’s AND that something that’s actually viable in the House? No. It’s not." Another Republican aide predicted, "There is no chance the House brings anything to a vote. I’m pretty confident you don’t have anyone in Republican leadership in the House telling you it would be good to vote on it. Just not going to happen, no matter how much ~the president~ wants to change the debate to that issue."
10/27/13
AT Regionalism Turn, Iran Politics DA, XO CP, Warism K, and T- Ban
Tournament: Shirley | Round: 3 | Opponent: North Texas MQ | Judge: Janna White
2AC
2AC Demo Promo Good
US democracy promotion is empirically effective – studies prove – their evidence relies on ineffective military promotion models. Finkel et al, Professor of Political Science at the University of Pittsburgh, 2007 (Steven Finkel, also Aníbal Pérez-Liñán and Mitchell A. Seligson, World Politics, Vol 59, No 3, Project Muse)
This study has advanced the analysis of democracy promotion programs in several ways. Unlike AND can the gains achieved by usaid’s democracy assistance programs be appropriately evaluated.70
2AC Hegemony
US military primacy remains unmatched – no challengers
Nye, IR Prof at Harvard, ’10 (Joseph, November/December, "The Future of American Power" Foreign Affairs, Vol 89 No 6, EbscoHost) Power today is distributed in a pattern that resembles a complex three-dimensional chess AND the United States benefits from being surrounded by two oceans and weaker neighbors.
Hege key to environmental protections. Falkner 5 – Dept. IR @ London School of Economics, Robert, "American Hegemony and the Global Environment", International Studies Review (2005) 7, 585–599 The ?rst use of hegemony in international environmental politics revolves around the use of superior AND , for ex- ample, dolphins and sea turtles (DeSombre 2001).
Warming inevitable
Mayer Hillman, Senior Fellow at the Policy Studies Institute, 2007 The Suicidal Planet: How To Prevent Global Climate Catastrophe, p. 25-6 The effects of climate change cannot quickly be reversed by reducing or even eliminating future AND levels of greenhouse gases remain in the atmosphere, additional warming will occur.
AT Circumvention
No circumvention and the courts are effective—the executive will consent
The Courts.—The courts constrain the Executive, both because courts are necessary to AND of law, including law defined as what a court will likely order.
2AC Ban T
We meet—indefinite detention with a right to habeas corpus isn’t indefinite detention
Restriction includes a limitation
STATE OF ARIZONA, Appellee, v. JEREMY RAY WAGNER, April 10, 2008, Filed, Appellant., 1 CA-CR 06-0167, 2008 Ariz. App. Unpub. LEXIS 613, opinion by Judge G. MURRAY SNOW
P10 The term "restriction" is not defined by the Legislature for the purposes AND natural and obvious meaning, which may be discerned from its dictionary definition."). P11 The dictionary definition of "restriction" is "~a~ limitation or qualification AND dictate that the term "restriction" includes the ignition interlock device limitation.
Their interpretation overlimits to only one aff in each topic area—aff flex ensures innovative topics encouraging research skills and in depth discussions
Our interpretation is more precise by citing a court case—that means our limit is predictable and better reflects the topic
Default to reasonability—competing interpretations leads to a race to limit out affs at the expense of substance—affs need to know they’re topical
2AC XO CP
Doesn’t solve Judicial Globalism
Separation of Powers—judicial action is key restore the balance with the executive by asserting judicial strength and countering perceptoins judicial irrelevance—that’s Schnarf—the impact is our CJA evidence—prevents stable democratic transitions globally
Globalization—only the plan is modeled—Judiciary’s participate in transnational conferences and interactions and are looked to by foreign governments—that’s Schnarf—those are key to encourage judicial independence and strength in new states
Doesn’t solve Legitimacy
Accountability—stable interpretation of the law bolsters hegemonic stability because nations know they can rely on those interpretations—states fear the ability of the political branches to make abrupt moves and give into political influence—that’s Knowles
Accessibility—the court is uniquely accessible because its seen as an avenue for countries to lodge complaints against the US—credibility of judicial action is key to make the US seem broadly accountable which is key—that’s Knowles
Perm do both—solves the NB because Obama will be seen as taking the lead
Perm do the CP
Only the courts can solve – The Executive tried and congress removed their funding for transfer
Chow 11, JD from Cardozo (Samuel, THE KIYEMBA PARADOX: CREATING A JUDICIAL FRAMEWORK TO ERADICATE INDEFINITE, UNLAWFUL EXECUTIVE DETENTIONS, www.cjicl.com/uploads/2/9/5/9/2959791/cjicl_19.3_chow_note.pdf) After the D.C. Circuit Court issued its opinion and while the petition AND for release, therefore, turned again on the pending petition for certiorari.
Internal executive actions don’t restore legitimacy—still perceived as not credible independent of the action taken
Goldsmith 13, Professor at Harvard Law ~05/01/13, Jack Goldsmith teaches at Harvard Law School and is a member of the Hoover Institution Task Force on National Security and Law. He is the author , most recently, of Power and Constraint, "How Obama Undermined the War on Terror", http://www.newrepublic.com/article/112964/obamas-secrecy-destroying-american-support-counterterrorism~~ These are unhappy developments for the president who in his first inaugural address pledged with AND for which he alone is today responsible, is increasingly viewed as illegitimate.
Multiple conditional options bad – it’s a voter – rejecting the arg incentivizes abuse
First is skew – aff can’t read their best offense because the neg can just kick their argument and can cross-apply offense, kills fairness
Second is research – they can advocate contradictory positions, kills education and advocacy skills
One conditional advocacy solves their offense – we should get to advocate perms – only reciprocal option
2009 proves the CP links to politics
Fisher, 13 —- served four decades in the Library of Congress as senior specialist in separation of powers at the Congressional Research Service and specialist in constitutional law at the Law Library (7/1/2013, Louis, The National Law Journal, "Closing Guantanamo http://www.constitutionproject.org/wp-content/uploads/2013/07/Guantanamo-NLJ-2013.pdf))
On January 22, 2009, on his second day in office, Obama issued AND was the type of unilateral action that backfired on George W. Bush.
2AC K
Framework—the primary purpose of debate should be to improve our skills as decisionmakers through a discussion of public policy
Decisionmaking skills are necessary to decide between individual courses of action that affect us on a daily basis—flexing our muscles in the high-stakes games of public policymaking is necessary to make those individual decisions easier
The neg must connect their alternative to policy concerns and institutional practices—absent these questions shifts in knowledge production are useless – governments’ obey institutional logics that exist independently of individuals and constrain decisionmaking
Wight – Professor of IR @ University of Sydney – 6 (Colin, Agents, Structures and International Relations: Politics as Ontology, pgs. 48-50
One important aspect of this relational ontology is that these relations constitute our identity as AND upon it, upon its specific characteristics, its constants and its variables’.
Discussions of structure should precede substance—second generation Guantanamo issues require a more detailed focus on the legal system—student advocacy enables us to make change
Marguiles 11, Professor of Law ~February 9, 2011, Peter Margulies is Professor of Law, Roger Williams University., "The Ivory Tower at Ground Zero: Conflict and Convergence in Legal Education’s Responses to Terrorism"Journal of Legal Education, Vol. 60, p. 373, 2011, Roger Williams Univ. Legal Studies Paper No. 100~ If timidity in the face of government overreaching is the academy’s overarching historical narrative, AND Students need more guidance on what to look for when structure shapes substance.
US will inevitably cling
Mearsheimer 11 John J. Mearsheimer, the "R. Wendell Harrison Distinguished Service Professor of Political Science at the University of Chicago" Jan/Feb 2011 "Imperial By Design" http://mearsheimer.uchicago.edu/pdfs/A0059.pdf The downward spiral the United States has taken was anything but inevitable. Washington has AND would see the United States as a benign hegemon serving their own interests.
Heg is key to decease excess interventionism
Kagan and Kristol, 2k (Robert and William, "Present Dangers", Kagan is a Senior Associate at the Carnegie Endowment for International Peace, and Kristol is the editor of The Weekly Standard, and a political analyst and commentator, page 13-14 ) http://www2.uhv.edu/fairlambh/asian/present_dangers.htm
It is worth pointing out, though, that a foreign policy premised on American AND " power that awaits a dramatic challenge before it rouses itself into action.
Debating the strategies of war is good—leveling our response to warist policies at abstract criticism ignores the realities of threatened populations globally
Shaw, Professor of International Relations and Politics at the University of Sussex, ’99 (Martin, November 9, "The unfinished global revolution: Intellectuals and the new politics of international relations" Finally, there is the generalised pacifism of anti-Cold War politics. To AND
no genuine social change is possible without political democracy and individual freedom.
2AC Iran—Wake
US leadership solve the impact
Brookes ’08 Peter, Senior Fellow for National Security Affairs at the Heritage Foundation and a member of the congressional US-China Economic and Security ReviewCommission, Why the World Still Needs America’s Military Might, Heritage Lecture ~231102, November 24th, 2008 http://www.heritage.org/Research/NationalSecurity/hl1102.cfm The United States military has also been a central player in the attempts to halt AND in the past is that there has historically been no defense against them."
Health care law crisis is drowning out all other issues —- overshadows the plan and thumps the disad
Goldfarb, 11/15 (Zachary, 11/15/2013, The Washington Post, "Health care overshadows economic speech," Factiva)) CLEVELAND - President Obama has said economic growth is his "North Star." His AND . But it promises to dominate attention until it is working more smoothly.
Stimson 9 ~09/25/09, Cully Stimson is a senior legal fellow at the Heritage Foundation and an instructor at the Naval Justice School former American career appointee at the Pentagon. Stimson was the Deputy Assistant Secretary of Defense for Detainee Affairs., "Punting National Security To The Judiciary", http://blog.heritage.org/2009/09/25/punting-national-security-to-the-judiciary/~~ So what is really going on here? To those of us who have either AND the administration close Gitmo without taking the heat for actually releasing detainees themselves.
Negotiations fail—their evidence is all hype—especially since their internal is from an IRANIAN STATE OWNED NEWS SOURCE
ADL – 10/21/13, (Anti-Defamation League), Iran’s Press TV: Broadcasting Anti-Semitism To English-Speaking World, http://www.adl.org/anti-semitism/united-states/c/press-tv-iran.html Press TV, Iran’s government-run English-language satellite news network, has AND the station’s YouTube account, and was subsequently shutdown after YouTube was altered.
If easing sanctions do pass, they won’t be enough to do anything—only small relief will go through
Gardner and Zengerle 10/16 ~10/16/13, Timothy Gardner and Patricia Zengerle, "Any U.S. sanctions relief on Iran likely to start slowly", http://www.reuters.com/article/2013/10/16/us-usa-iran-relief-idUSBRE99F14P20131016~~ Any easing by Washington of sanctions on Iran in exchange for Tehran taking steps to AND Control Association, and a former top intelligence official at the State Department.
The aff saves Obama political capital and generates base support
Goldsmith and Wittes 9, Prof at Law School ex-assistant attorney general and senior fellow at Brookings ~12/22/09, Jack Goldsmith teaches at Harvard Law School and served as an assistant attorney general in the Bush administration. Benjamin Wittes, a former Post editorial writer, is a senior fellow at the Brookings Institution and the editor of "Legislating the War on Terror: An Agenda for Reform." Both are members of the Hoover Institution’s Task Force on National Security and Law, "A role judges should not have to play", http://articles.washingtonpost.com/2009-12-22/opinions/36890191_1_detention-policy-judges-judicial-system~~ Congress has avoided these issues for a number of reasons. Initially, it was AND — to any effort to write detention rules and limitations into statutory law.
1AR
1AR Regionalism Bad
Regionalism increases the risk of great power war – uncertainty over social status creates conflict
Wohlforth, IR Prof @ Dartmouth, ’09 ~William Wohlforth, Professor of International Relations at Dartmouth College, "Unipolarity, Status Competition, and Great Power War," World Politics, Volume 61, Issue 01, January 2009, pp. 28-57, http://journals.cambridge.org/abstract_S0043887109000021-http://journals.cambridge.org/abstract_S0043887109000021~~ The evidence suggests that narrow and asymmetrical capabilities gaps foster status competition even among states AND for major power war could once again form the backdrop of world politics.
1AR AT Structural Violence
Moral equality means even a small risk of preventing extinction outweighs structural violence—this answers their probability argument
Tournament: Kentucky | Round: 1 | Opponent: Liberty CE | Judge: Robert Glass
1AC—Kentucky
1AC Plan
The United States federal judiciary should order the release of individuals in military detention who have won their habeas corpus hearing.
1AC Judicial Globalism
Contention 1 is The Great Writ
Status quo rulings make habeas useless—the judiciary has allowed for excess deference and abdicated its key role in checking executive war powers
Milko 12 ~Winter, 2012, Jennifer L. Milko, "Separation of Powers and Guantanamo Detainees: Defining the Proper Roles of the Executive and Judiciary in Habeas Cases and the Need for Supreme Guidance", 50 Duq. L. Rev. 173~ A. Arguments for a Remedy By urging deference to the Executive Branch, the AND being improperly limited, as they are not utilizing their constitutional power properly.
Judicial remedy authority is the test case for judicial leadership on the rule of law globally—undermining habeas causes global backsliding
TRANSNATIONAL JUDICIAL DIALOGUE CONFIRMS THIS COURT’S LEADERSHIP IN PROMOTING ADHERENCE TO RULE OF LAW IN AND promoting respect for rule of law in foreign states during times of conflict.
Absent that, transitional states will turn to authoritarianism—the perception of a strong judiciary on detention issues is key
CJA 4, Center for Justice and Accountability ~2004, The Center for Justice 26 Accountability ("CJA") seeks, by use of the legal systems, to deter torture and other human rights abuses around the world., "BRIEF OF the CENTER FOR JUSTICE AND ACCOUNTABILITY, the INTERNATIONAL LEAGUE FOR HUMAN RIGHTS, and INDIVIDUAL ADVOCATES for the INDEPENDENCE of the JUDICIARY in EMERGING DEMOCRACIES as AMICI CURIAE IN SUPPORT OF PETITIONERS", http://www.cja.org/downloads/Al-Odah_Odah_v_US___Rasul_v_Bush_CJA_Amicus_SCOTUS.pdf~~ A STRONG, INDEPENDENT JUDICIARY IS ESSENTIAL TO THE PROTECTION OF INDIVIDUAL FREEDOMS AND THE ESTABLISHMENT OF STABLE GOVERNANCE IN EMERGING DEMOCRACIES AROUND THE WORLD. A. Individual Nations Have Accepted and Are Seeking to Implement Judicial Review By A Strong, Independent Judiciary. Many of the newly independent governments that have proliferated over the past five decades have adopted these ideals. They have emerged from a variety of less-than-free contexts, including the end of European colonial rule in the 1950’s and 1960’s, the end of the Cold War and the breakup of the former Soviet Union in the late 1980’s and 1990’s, the disintegration of Yugoslavia, and the continuing turmoil in parts of Africa, Latin America and southern Asia. Some countries have successfully transitioned to stable and democratic forms of government that protect individual freedoms and human rights by means of judicial review by a strong and independent judiciary. Others have suffered the rise of tyrannical and oppressive rulers who consolidated their hold on power in part by diminishing or abolishing the role of the judiciary. And still others hang in the balance, struggling against the onslaught of tyrants to establish stable, democratic governments. In their attempts to shed their tyrannical pasts and to ensure the protection of individual rights, emerging democracies have consistently looked to the United States and its Constitution in fashioning frameworks that safeguard the independence of their judiciaries. See Ran Hirschl, The Political Origins of Judicial Empowerment through Constitutionalization: Lessons from Four Constitutional Revolutions, 25 Law 26 Soc. Inquiry 91, 92 (2000) (stating that of the "~m~any countries . . . ~that~ have engaged in fundamental constitutional reform over the past three decades," nearly all adopted "a bill of rights and establishe~d~ some form of active judicial review") Establishing judicial review by a strong and independent judiciary is a critical step in stabilizing and protecting these new democracies. See Christopher M. Larkins, Judicial Independence and Democratization: A Theoretical and Conceptual Analysis, 44 Am. J. Comp. L. 605, 605-06 (1996) (describing the judicial branch as having "a uniquely important role" in transitional countries, not only to "mediate conflicts between political actors but also ~to~ prevent the arbitrary exercise of government power; see also Daniel C. Prefontaine and Joanne Lee, The Rule of Law and the Independence of the Judiciary, International Centre for Criminal Law Reform and Criminal Justice Policy (1998) ("There is increasing acknowledgment that an independent judiciary is the key to upholding the rule of law in a free society . . . . Most countries in transition from dictatorships and/or statist economies recognize the need to create a more stable system of governance, based on the rule of law."), available at http://www.icclr.law.ubc.ca/Publications/Reports/RuleofLaw. pdf (last visited Jan. 8, 2004). Although the precise form of government differs among countries, "they ultimately constitute variations within, not from, the American model of constitutionalism . . . ~a~ specific set of fundamental rights and liberties has the status of supreme law, is entrenched against amendment or repeal . . . and is enforced by an independent court . . . ." Stephen Gardbaum, The New Commonwealth Model of Constitutionalism, 49 Am. J. Comp. L. 707, 718 (2001). This phenomenon became most notable worldwide after World War II when certain countries, such as Germany, Italy, and Japan, embraced independent judiciaries following their bitter experiences under totalitarian regimes. See id. at 714- 15; see also United States v. Then, 56 F.3d 464, 469 (2d Cir. 1995) (Calabresi, J., concurring) ("Since World War II, many countries have adopted forms of judicial review, which — though different from ours in many particulars — unmistakably draw their origin and inspiration from American constitutional theory and practice. See generally Mauro Cappelletti, The Judicial Process in Comparative Perspective (Oxford: Clarendon Press, 1989)."). It is a trend that continues to this day. It bears mention that the United States has consistently affirmed and encouraged the establishment of independent judiciaries in emerging democracies. In September 2000, President Clinton observed that "~w~ithout the rule of law, elections simply offer a choice of dictators. . . . America’s experience should be put to use to advance the rule of law, where democracy’s roots are looking for room and strength to grow." Remarks at Georgetown University Law School, 36 Weekly Comp. Pres. Doc. 2218 (September 26, 2000), available at http://clinton6.nara.gov/2000/09/2000-09-26- remarks-by-president-at-georgetown-international-lawcenter.html. The United States acts on these principles in part through the assistance it provides to developing nations. For example, the United States requires that any country seeking assistance through the Millenium Challenge Account, a development assistance program instituted in 2002, must demonstrate, among other criteria, an "adherence to the rule of law." The White House noted that the rule of law is one of the "essential conditions for successful development" of these countries. See http://www.whitehouse.gov/infocus/developingnations (last visited Jan. 8, 2004).12 A few examples illustrate the influence of the United States model. On November 28, 1998, Albania adopted a new constitution, representing the culmination of eight years of democratic reform after the communist rule collapsed. In addition to protecting fundamental individual rights, the Albanian Constitution provides for an independent judiciary consisting of a Constitutional Court with final authority to determine the constitutional rights of individuals. Albanian Constitution, Article 125, Item 1 and Article 128; see also Darian Pavli, "A Brief ’Constitutional History’ of Albania" available at http://www.ipls.org/services/others/chist.html (last visited Janaury 8, 2004); Jean-Marie Henckaerts 26 Stefaan Van der Jeught, Human Rights Protection Under the New Constitutions of Central Europe, 20 Loy. L.A. Int’l 26 Comp. L.J. 475 (Mar. 1998). In South Africa, the new constitutional judiciary plays a similarly important role, following generations of an oppressive apartheid regime. South Africa adopted a new constitution in 1996. Constitution of the Republic of South Africa, Explanatory Memorandum. It establishes a Constitutional Court which "makes the final decision whether an Act of Parliament, a provincial Act or conduct of the President is constitutional." Id. at Chapter 8, Section 167, Item (5), available at http://www.polity.org.za/html/govdocs/constitution/saconst.html?r ebookmark=1 (last visited January 8, 2004); see also Justice Tholakele H. Madala, Rule Under Apartheid and the Fledgling Democracy in Post-Apartheid South Africa: The Role of the Judiciary, 26 N.C. J. Int’l L. 26 Com. Reg. 743 (Summer 2001). Afghanistan is perhaps the most recent example of a country struggling to develop a more democratic form of government. Adoption by the Loya Jirga of Afghanistan’s new constitution on January 4, 2004 has been hailed as a milestone. See http://www.cbsnews.com/stories/2004/01/02/world/main59111 6.shtml (Jan 7, 2004). The proposed constitution creates a judiciary that, at least on paper, is "an independent organ of the state," with a Supreme Court empowered to review the constitutionality of laws at the request of the Government and/or the Courts. Afghan Const. Art. 116, 121 (unofficial English translation), available at http://www.hazara.net/jirga/AfghanConstitution-Final.pdf (last visited January 8, 2004). See also Ron Synowitz, Afghanistan: Constitutional Commission Chairman Presents Karzai with Long-Delayed Draft Constitution (November 3, 2003), available at http://www.rferl.org/nca/features/2003/11/03112003164239.as p (last visited Jan. 8, 2004). B. Other Nations Have Curtailed Judicial Review During Times Of Crisis, Often Citing the United States’ Example, And Individual Freedoms Have Diminished As A Result. While much of the world is moving to adopt the institutions necessary to secure individual rights, many still regularly abuse these rights. One of the hallmarks of tyranny is the lack of a strong and independent judiciary. Not surprisingly, where countries make the sad transition to tyranny, one of the first victims is the judiciary. Many of the rulers that go down that road justify their actions on the basis of national security and the fight against terrorism, and, disturbingly, many claim to be modeling their actions on the United States. Again, a few examples illustrate this trend. In Peru, one of former President Alberto Fujimori’s first acts in seizing control was to assume direct executive control of the judiciary, claiming that it was justified by the threat of domestic terrorism. He then imprisoned thousands, refusing the right of the judiciary to intervene. International Commission of Jurists, Attacks on Justice 2000-Peru, August 13, 2001, available at http://www.icj.org/news.php3?id_article=258726lang=en (last visited Jan. 8, 2004). In Zimbabwe, President Mugabe’s rise to dictatorship has been punctuated by threats of violence to and the co-opting of the judiciary. He now enjoys virtually total control over Zimbabweans’ individual rights and the entire political system. R.W. Johnson, Mugabe’s Agents in Plot to Kill Opposition Chief, Sunday Times (London), June 10, 2001; International Commission of Jurists, Attacks on Justice 2002— Zimbabwe, August 27, 2002, available at http://www.icj.org/news.php3?id_article=269526lang=en (last visited Jan. 8, 2004). While Peru and Zimbabwe represent an extreme, the independence of the judiciary is under assault in less brazen ways in a variety of countries today. A highly troubling aspect of this trend is the fact that in many of these instances those perpetuating the assaults on the judiciary have pointed to the United States’ model to justify their actions. Indeed, many have specifically referenced the United States’ actions in detaining persons in Guantánamo Bay. For example, Rais Yatim, Malaysia’s "de facto law minister" explicitly relied on the detentions at Guantánamo to justify Malaysia’s detention of more than 70 suspected Islamic militants for over two years. Rais stated that Malyasia’s detentions were "just like the process in Guantánamo," adding, "I put the equation with Guantánamo just to make it graphic to you that this is not simply a Malaysian style of doing things." Sean Yoong, "Malaysia Slams Criticism of Security Law Allowing Detention Without Trial," Associated Press, September 9, 2003 (available from Westlaw at 9/9/03 APWIRES 09:34:00). Similarly, when responding to a United States Government human rights report that listed rights violations in Namibia, Namibia’s Information Permanent Secretary Mocks Shivute cited the Guantánamo Bay detentions, claiming that "the US government was the worst human rights violator in the world." BBC Monitoring, March 8, 2002, available at 2002 WL 15938703. Nor is this disturbing trend limited to these specific examples. At a recent conference held at the Carter Center in Atlanta, President Carter, specifically citing the Guantánamo Bay detentions, noted that the erosion of civil liberties in the United States has "given a blank check to nations who are inclined to violate human rights already." Doug Gross, "Carter: U.S. human rights missteps embolden foreign dictators," Associated Press Newswires, November 12, 2003 (available from Westlaw at 11/12/03 APWIRES 00:30:26). At the same conference, Professor Saad Ibrahim of the American University in Cairo (who was jailed for seven years after exposing fraud in the Egyptian election process) said, "Every dictator in the world is using what the United States has done under the Patriot Act . . . to justify their past violations of human rights and to declare a license to continue to violate human rights." Id. Likewise, Shehu Sani, president of the Kaduna, Nigeriabased Civil Rights Congress, wrote in the International Herald Tribune on September 15, 2003 that "~t~he insistence by the Bush administration on keeping Taliban and Al Quaeda captives in indefinite detention in Guantánamo Bay, Cuba, instead of in jails in the United States — and the White House’s preference for military tribunals over regular courts — helps create a free license for tyranny in Africa. It helps justify Egypt’s move to detain human rights campaigners as threats to national security, and does the same for similar measures by the governments of Ivory Coast, Cameroon and Burkina Faso." Available at http://www.iht.com/ihtsearch.php?id=10992726owner=(IHT)26dat e=20030121123259. In our uni-polar world, the United States obviously sets an important example on these issues. As reflected in the foundational documents of the United Nations and many other such agreements, the international community has consistently affirmed the value of an independent judiciary to the defense of universally recognized human rights. In the crucible of actual practice within nations, many have looked to the United States model when developing independent judiciaries with the ability to check executive power in the defense of individual rights. Yet others have justified abuses by reference to the conduct of the United States. Far more influential than the words of Montesquieu and Madison are the actions of the United States. This case starkly presents the question of which model this Court will set for the world. CONCLUSION Much of the world models itself after this country’s two hundred year old traditions — and still more on its day to day implementation and expression of those traditions. To say that a refusal to exercise jurisdiction in this case will have global implications is not mere rhetoric. Resting on this Court’s decision is not only the necessary role this Court has historically played in this country. Also at stake are the freedoms that many in emerging democracies around the globe seek to ensure for their peoples.
That makes war impossible—liberal democratic norms through judicial globalization cause global peace
Kersch 6, Assistant Professor of Politics ~2006, Ken I. Kersch, Assistant Professor of Politics, Princeton University. B.A., Williams; J.D., Northwestern; Ph.D., Cornell. Thanks to the Social Philosophy and Policy Center at Bowling Green State University, where I was a visiting research scholar in the fall of 2005, and to the organizers of, and my fellow participants in, the Albany Law School Symposium, Albany Law School, "The Supreme Court and international relations theory.", http://www.thefreelibrary.com/The+Supreme+Court+and+international+relations+theory.-a0151714294~~ Liberal theories of international relations hold that international peace and prosperity are advanced to the AND . The liberal foreign policy outlook will thus fortify them against contemporary criticism.
Independently, US rule of law leadership necessary to check authoritarian impulses in Russia—counter-terrorism policies are critical—that’s key to relations
Mendelson 9, Director of Human Rights and Security Initiative @ CSIS ~2009, Sarah E. Mendelson, Director, Human Rights and Security Initiative, Center for Strategic and International Studies, "U.S.-Russian Relations and the Democracy and Rule of Law Deficit," CENTURY FOUNDATION REPORT, p. 3-4~ Since the collapse of the Soviet Union in 1991, every U.S. AND values and undercutting (yet again) U.S. soft power.
Democratic deficit in Russia specifically undermines cooperation on arms control and counter-terrorism
Mendelson 9, Director of Human Rights and Security Initiative @ CSIS ~2009, Sarah E. Mendelson, Director, Human Rights and Security Initiative, Center for Strategic and International Studies, "U.S.-Russian Relations and the Democracy and Rule of Law Deficit," CENTURY FOUNDATION REPORT, p. 3-4~ What does any of this have to do with the Obama administration? The democracy AND in neighboring states, supporting a wave of authoritarian governments in this region.
Decline in relations causes extinction
Allison and Blackwill, 11– * director of the Belfer Center for Science and International Affairs at Harvard’s Kennedy School AND Henry A. Kissinger senior fellow for U.S. foreign policy at the Council on Foreign Relations (Graham and Robert, "10 reasons why Russia still matters," Politico, http://www.politico.com/news/stories/1011/67178.html
That central point is that Russia matters a great deal to a U.S AND the "evil empire," not one nuclear weapon has been found loose.
1AC Legitimacy
Contention 1 is Legitimacy
The inability to order release undermines US high ground and breeds resentment—viewed as critical to habeas issues
Metcalf 09, Director of Arthur Liman Public Interest Program and Law Professor ~December 2009, Hope Metcalf is Director of the Arthur Liman Public Interest Program and teaches a clinic on prisoners’ rights in the United States. She formerly directed the National Litigation Project of the Allard K. Lowenstein International Human Rights Clinic, which was founded in 2002 to respond to infringements on civil liberties and human rights arising out of U.S. counterterrorism policy, "BRIEF OF INTERNATIONAL LAW EXPERTS AS AMICI CURIAE IN SUPPORT OF PETITIONERS", http://www.law.yale.edu/documents/pdf/cglc/Kiyamba_v_Obama_brief.pdf~~ Since the mid-1970s, the United States has compiled annual reports on the AND it has long sought to encourage the rest of the world to follow.
Perception of US provision of habeas rights is critical to US soft power—it’s the vital aspect of US legal jurisprudence—court action is key
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=100326context=nslb~~ The "Great Wall" The writ of habeas corpus enables an individual to challenge AND unique and modern circumstances of the post-9/11 con? ict.
Legitimacy is critical to make US leadership durable and effective—judicial action is critical
Knowles 9 ~Spring, 2009, Robert Knowles is a Acting Assistant Professor, New York University School of Law, "American Hegemony and the Foreign Affairs Constitution", ARIZONA STATE LAW JOURNAL, 41 Ariz. St. L.J. 87~
American unipolarity has created a challenge for realists. Unipolarity was thought to be inherently AND the same project that the courts constantly grapple with in adjudicating domestic disputes.
US benevolent hegemony is critical to global peace—the alternative causes massive wars
Kromah 9, Masters Student in IR ~February 2009, Lamii Moivi Kromah at the Department of International Relations University of the Witwatersrand, "The Institutional Nature of U.S. Hegemony: Post 9/11", http://wiredspace.wits.ac.za/bitstream/handle/10539/7301/MARR2009.pdf?sequence=1~~ A final major gain to the United States from the benevolent hegemony has perhaps been AND to facilitate its ability to extract contributions from other members of the system.
Judicial action creating a meaningful right to habeas is uniquely key to restore US legitimacy—comparatively more important than executive flexibility
Knowles 9 ~Spring, 2009, Robert Knowles is a Acting Assistant Professor, New York University School of Law, "American Hegemony and the Foreign Affairs Constitution", ARIZONA STATE LAW JOURNAL, 41 Ariz. St. L.J. 87~ The Bush Administration’s detainee policy made clear that - due to America’s power - the AND and reinforces the sense that our constitutional values reflect universal human rights. n449
Statistical evidence shows US policy towards indefinite detention is both necessary and sufficient
Welsh 11, J.D. from University of Utah and Doctoral student ~March, 2011, David Welsh has a J.D. from the University of Utah. He is currently a doctoral student in the Eller School of Business at the University of Arizona where his research focuses on organizational fairness and ethics, "Procedural Justice Post-9/11: The Effects of Procedurally Unfair Treatment of Detainees on Perceptions of Global Legitimacy", 9 U.N.H. L. Rev. 261~ Today, many individuals throughout the world question whether the United States has engaged in AND with the unique procedural issues created by a growing number of suspected terrorists.
2AC
2AC Globalism
Pursuit of hegemony’s locked-in – the only question is effectiveness
Dorfman 12, Assistant editor of Ethics and International Affairs (Zach What We Talk About When We Talk About Isolationism, http://dissentmagazine.org/online.php?id=605-http://dissentmagazine.org/online.php?id=605) The rise of China notwithstanding, the United States remains the world’s sole superpower. AND come and go, but the national security state appears here to stay.
Heg is key to decease excess American interventionism
Kagan and Kristol, 2k (Robert and William, "Present Dangers", Kagan is a Senior Associate at the Carnegie Endowment for International Peace, and Kristol is the editor of The Weekly Standard, and a political analyst and commentator, page 13-14 ) http://www2.uhv.edu/fairlambh/asian/present_dangers.htm
It is worth pointing out, though, that a foreign policy premised on American AND " power that awaits a dramatic challenge before it rouses itself into action.
Empirics go aff – hegemony has made war obsolete
Owen, Professor Politics U of Virginia, ’11 (John, February 11, "Don’t Discount Hegemony" Cato, www.cato-unbound.org/2011/02/11/john-owen/dont-discount-hegemony/-http://www.cato-unbound.org/2011/02/11/john-owen/dont-discount-hegemony/) Andrew Mack and his colleagues at the Human Security Report Project are to be congratulated AND in part by the emergence of the United States as the global hegemon.
Legal reforms restrain the cycle of violence and prevent error replication
Colm O’Cinneide 8, Senior Lecturer in Law at University College London, "Strapped to the Mast: The Siren Song of Dreadful Necessity, the United Kingdom Human Rights Act and the Terrorist Threat," Ch 15 in Fresh Perspectives on the ’War on Terror,’ ed. Miriam Gani and Penelope Mathew, http://epress.anu.edu.au/war_terror/mobile_devices/ch15s07.html-http://epress.anu.edu.au/war_terror/mobile_devices/ch15s07.html This ’symbiotic’ relationship between counter-terrorism measures and political violence, and the AND repression: the need for mobilisation in response may therefore also be diluted.
2AC Legitimacy
Their attempt to critique IR from a new feminist perspective fails – their change to militarization is nothing but a footnote
Jones, PolSci Professor at Okanagan, ’96 (Adam, October, "Does ’Gender’ Make the World Go Round? Feminist Critiques of International Relations" Review of International Studies, Vol 22 No 4, JSTOR) Rather less of a cause for optimism is the hollow claim by some feminist IR AND and rewrite-repaint-recook the field rather than join it.39 But the specifics of the ’re-visioning’, in Sylvester’s formulation, seem meager AND writer as marginal, if that word still retains its pejorative connotations.41
Legal and rights based detention strategies are a critical form of resistance—even if it fails, the act of demanding habeas rights affirms the life of detainees and provides a check on state violence
Ahmad 9, Professor of Law ~2009, Muneer I. Ahmad is a Clinical Professor of Law, Yale Law School, "RESISTING GUANTÁNAMO: RIGHTS AT THE BRINK OF DEHUMANIZATION", Northwestern University Law Review, Vol. 103, p. 1683, American University, WCL Research Paper No. 08-65~
This Article is about the work that rights do, and the work of the AND , state violence is so extreme as to attempt to extinguish the human.
Cooptation isn’t offense—the alternative is equally at risk for cooptation—you should affirm an optimistic outlook towards the law to reform and redefine it for positive purposes
Lobel 7, Assistant Professor of Law ~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~ A critique of cooptation often takes an uneasy path. Critique has always been and AND constantly redefining the boundaries of legal reform and making visible law’s broad reach.
2AC K
Framework—the primary purpose of debate should be to improve our skills as decisionmakers through a discussion of public policy
Decisionmaking skills are necessary to decide between individual courses of action that affect us on a daily basis—flexing our muscles in the high-stakes games of public policymaking is necessary to make those individual decisions easier
The neg must connect their alternative to policy concerns and institutional practices—absent these questions shifts in knowledge production are useless – governments’ obey institutional logics that exist independently of individuals and constrain decisionmaking
Wight – Professor of IR @ University of Sydney – 6 (Colin, Agents, Structures and International Relations: Politics as Ontology, pgs. 48-50
One important aspect of this relational ontology is that these relations constitute our identity as AND upon it, upon its specific characteristics, its constants and its variables’.
Discussions of structure should precede substance—second generation Guantanamo issues require a more detailed focus on the legal system—student advocacy enables us to make change
Marguiles 11, Professor of Law ~February 9, 2011, Peter Margulies is Professor of Law, Roger Williams University., "The Ivory Tower at Ground Zero: Conflict and Convergence in Legal Education’s Responses to Terrorism"Journal of Legal Education, Vol. 60, p. 373, 2011, Roger Williams Univ. Legal Studies Paper No. 100~ If timidity in the face of government overreaching is the academy’s overarching historical narrative, AND Students need more guidance on what to look for when structure shapes substance.
The plan’s discussion is critical—Individual methods fail—participating in organizations checks impulses to care about short-term personal issues
Cole 2011 - Professor, Georgetown University Law Center (Winter, David, "WHERE LIBERTY LIES: CIVIL SOCIETY AND INDIVIDUAL RIGHTS AFTER 9/11," 57 Wayne L. Rev. 1203, Lexis)
But the engagement that "civil society constitutionalism" identifies as essential has a more AND Constitution, or you may find it wanting when it is needed most.
Forcing specific policy analysis is key – allows state institutions to be reclaimed and generates debater education necessary to create a left governmentality – necessary to create a public sphere
Ferguson, Professor of Anthropology at Stanford, 11 (The Uses of Neoliberalism, Antipode, Vol. 41, No. S1, pp 166–184) If we are seeking, as this special issue of Antipode aspires to do, AND some rather useful little mechanisms may be nearer to hand than we thought.
Abandoning the state assumes there’s a difference between the "legal" world and the "non-legal" sphere—this results in strategies that marginalizes women issues
Lobel 7, Assistant Professor of Law ~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~ At this point, the paradox of extralegal activism unfolds. While public interest thinkers AND contemporary extralegal agendas are limited to very narrow and patterned sets of reforms.
Extralegal movements are worse for racial justice—conservatives coopt their criticism of legal structures to end welfare and social justice programs
Lobel 7, Assistant Professor of Law ~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~ A basic structure of cooptation arguments as developed in relation to the labor and civil AND rely on myriad non-governmental institutions and activities to support them. n168
The American legal system and state are not inherently racist – their overly fatalistic narrative ignores massive progress and incorrectly assumes that the US uniquely represents a site of anti-blackness
Farber 98 (Daniel, Prof. of the Minnesota School of Law, "Is American Law Inherently Racist", w/ Prof. Delgado, Berkeley Law Scholarship Repository, http://scholarship.law.berkeley.edu/cgi/viewcontent.cgi?article=121126context=facpubs) Let me begin with the vision of the American legal system that Professor Delgado presented AND In some ways, I think we are doing considerably better than most.
The proper response to recurrent state/legal racism is protective measures – only legal reform can embed bulwarks against historical injustice
AUDIENCE: If we accept the premise that American law is inherently racist, what AND in other respects. I will address this point later in my talk.
1AR
AT Democracy K
Democracy must be reinfused with liberal ideals – attempts to redefine or reimplement democracy assistance towards different ends cause more intrusion and paralysis
Youngs, Director-General FRIDE, ’11 (Richard- Professor Politics University of Warwick, February 11, "Misunderstanding The Maladies Of Liberal Democracy Promotion" http://www.eurasiareview.com/misunderstanding-the-maladies-of-liberal-democracy-promotion-18022011/) Reflections on liberalism’s future Current international political trends are complex and still in flux. History shows that there AND they should at the same time sharpen the West’s defence of core liberalism.
10/5/13
Aff Rd 4 UMKC
Tournament: UMKC | Round: 4 | Opponent: Wyoming FJ | Judge: Chris Stone
2AC CP
2AC Theory
Constitutional amendments never happen are illegitimate—fiats multiple actors which doesn’t reflect a real world opportunity cost—trains us for a bad model of decisionmaking—distracts from substantive topic education because– magnifies all of our theory arguments
Baker 10 ~Director of the Con Law Center at Drake, 10 Widener J. Pub. L. 1~ There is a reason that there have been only 27 amendments over more than 200 years: Constitutional amendments must have the sustained and one-sided support of great majorities in the Congress and across the states. Very few issues ever garner such importance and support.
2AC Solvency Deficits
Immediate court action is key—the Kiyemba case is in the spotlight now for democratic transitions and those questioning US leadership—the CP doesn’t do anything until the court strikes down the executive’s continued detention on the basis of the amendment
Even they fiat immediacy, it takes years to have a meaningful effect
In the final analysis, there is no clear fallback position for supporters of the AND , are found not in statute, but in report language accompanying statutes.
It undermines US legitimacy—shifts the spotlight to the constitutional convention
Schiafly 99 ~May 1999, The Schiafly Report, Vol 29 No 10, http://www.eagleforum.org/psr/1996/may96/psrmay96.html~~ Most of us have watched a Republican National Convention or a Democratic National Convention on AND Constitution a "miracle". We can’t count on a miracle happening again.
The CP doesn’t solve the judiciary advantage—undermines judicial review
Sullivan 96, Professor of Law ~January, 1996, Kathleen M. Sullivan, Professor of Law, Stanford University, "CONSTITUTIONAL CONSTANCY: WHY CONGRESS SHOULD CURE ITSELF OF AMENDMENT FEVER", 17 Cardozo L. Rev. 691~ How have we managed to survive over two hundred years of social and technological change AND only four times in order to overrule the Supreme Court is worth remembering.
Strong judicial model prevents Russian loose nukes
Nagle, Independent Research Consultant Specializing in the Soviet Union, 1994 (Chad. "What America needs to do to help Russia avoid chaos" Washington Times, August 1, Lexis Nexis) As things stand right now, there is indeed potential for danger and instability in AND the hand of friendship and pray for Mr. Yeltsin’s continued good health. Extinction Helfand and Pastore 9 ~Ira Helfand, M.D., and John O. Pastore, M.D., are past presidents of Physicians for Social Responsibility. March 31, 2009, "U.S.-Russia nuclear war still a threat", http://www.projo.com/opinion/contributors/content/CT_pastoreline_03-31-09_EODSCAO_v15.bbdf23.html~~ President Obama and Russian President Dimitri Medvedev are scheduled to Wednesday in London during the AND alert status of nuclear weapons that existed in 1995 remains in place today.
The CP doesn’t do anything
Strauss, Law Prof at Chicago, 01 114 Harv. L. Rev. 1457
One final implication is the most practical of all. If amendments are in fact AND democracy, as the result of a formal amendment adopted by a supermajority.
Amendments are uniquely at risk for narrow interpretation by the Supreme Court
Segal, Poli Sci Prof at SUNY Stony Brok, 02 The Supreme Court and the Attitudinal Model Revisited, Pg. 5-6
If action by Congress to undo the Court’s interpretation of one of its laws does AND though its construction deviates appreciably from the language or purpose of the amendment.
2AC Condo
Multiple conditional options bad – it’s a voter – rejecting the arg incentivizes abuse
First is skew – aff can’t read their best offense because the neg can just kick their argument and can cross-apply offense, kills fairness
Second is research – they can advocate contradictory positions, kills education and advocacy skills
One conditional advocacy solves their offense – we should get to advocate perms – only reciprocal option
2AC Deference DA
2AC Must Read
Defer to rejecting deference—if the court overreaching, Congress can fill in and ensure executive authority, but there’s no comparable check on executive overreaching—star this argument
Jinks and Katyal 7 ~April, 2007, Derek Jinks is Assistant Professor of Law, University of Texas School of Law. Neal Kumar Katyal is Professor of Law, Georgetown University Law Center, "Disregarding Foreign Relations Law", 116 Yale L.J. 1230~
Courts say that the nation must speak in "one voice" in its foreign AND striking and provides a lopsided view of what would happen under their proposal.
2AC Legitimacy O/W
Our internal link outweighs—hegemonic stability is based on security guarantees and trade relationships fostered by the US—ensuring the durability of that system depends states’ acceptance of the hegemon’s role—maintaining the order through military power alone exhausts resources and lead to counterbalancing
Our evidence is comparative—the hegemonic model reduces the need for executive branch flexibility, and the institutional competence terrain shifts toward the courts—because a governance in a hegemonic system depends on voluntary acquiescence, the courts are critical
2AC Flexibility Bad
Executive flexibility leads to detention policy failure—organizational insulation ensures it
Pearlstein 9, Visiting Scholar and Lecturer at Princeton ~July, 2009, Deborah N. Pearlstein is a Visiting Scholar and Lecturer in Public and International Affairs, Woodrow Wilson School of Public 26 International Affairs, Princeton University, "Form and Function in the National Security Constitution", 41 Conn. L. Rev. 1549~ Examples of excessive flexibility producing adverse consequences are ample. Following Hurricane Katrina, one AND something more than arbitrary attention has been paid before transcendent priorities are overridden.
2AC AT Expertise/Institutional Competence
Court expertise is sufficient—their link is blown out of proportion
Knowles 9 ~Spring, 2009, Robert Knowles is a Acting Assistant Professor, New York University School of Law, "American Hegemony and the Foreign Affairs Constitution", ARIZONA STATE LAW JOURNAL, 41 Ariz. St. L.J. 87~
A common justification for deference is that the President possesses superior competence due to expertise AND correct balance to strike between competing functional goals of the separation of powers?
The courts are just as competent and can effectively exercise discretion
Marguilies 4 ~April 2004, Peter Margulies is a Professor of Law, Roger Williams University School of Law, "JUDGING TERROR IN THE "ZONE OF TWILIGHT"*: EXIGENCY, INSTITUTIONAL EQUITY, AND PROCEDURE AFTER SEPTEMBER 11", 84 B.U.L. Rev. 383, Lexis~ Equitable tailoring of executive authority to detain alleged unlawful combatants is the most appropriate way AND the ~*431~ deliberation and debate at the core of constitutionalism. n226
2AC N/U
Syria non-unique’s the DA
Beecher 9/3 ~09/03/13, William Beecher is a Pulitzer Prize-winning former Washington correspondent for the Boston Globe, the Wall Street Journal and the New York Times. He also served as an Assistant Secretary of Defense, "Obama, the Cowardly Lion", http://www.worldpolicy.org/blog/2013/09/03/obama-cowardly-lion~~ It’s one thing to be a reluctant warrior. Given President Obama’s natural instincts and AND is this the personification of the cowardly lion in the Wizard of Oz?
2AC No Targeted Killing
The aff only maintains the effectiveness of Boumediene—that doesn’t result in targeted killings
The short chapter that follows aims to take Judge Brown’s suggestion seriously. As I AND Judge Brown to identify "take no prisoners" as Boumediene’s true legacy.
2AC Court DA
2AC Warming Impact
Democratization solves your warming impact Bättig 26 Bernauer, ’09 ~Michèle B. Bättig, Ph.D. in environmental sciences from ETH Zurich, Project director at Econcept AG, Thomas Bernauer, Professor of political science at ETH Zurich, Center for Comparative and International Studies and Institute for Environmental Decisions, "National Institutions and Global Public Goods: Are democracies more cooperative in climate change policy?," 2009, http://www.ib.ethz.ch/docs/ClimatePolicy.pdf-http://www.ib.ethz.ch/docs/ClimatePolicy.pdf~~ AP In climate change policy, democracies have obviously had a slow start in moving from AND group demand for climate change mitigation, these findings leave considerable room for optimism
Developing countries, lax regulation, and profit maximization means warming is inevitable
Even if every American coal-fired power plant were to close, that would AND They are all totally devoted to replacing the reserves they consume every year."
No impact – empirics
Willis et. al, ’10 ~Kathy J. Willis, Keith D. Bennett, Shonil A. Bhagwat 26 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-http://www.tandfonline.com/doi/pdf/10.1080/14772000903495833, ~ The most recent climate models and fossil evidence for the early Eocene Climatic Optimum ( AND subtle changes in plant–animal interactions (Harrington 26 Jaramillo, 2007).~
2AC Theory False
Judges don’t consider capital when deciding.
Landau, JD Harvard and clerk to US CoA judge, 2005 (David Landau, JD Harvard Law, clerk to Honorable Sandra L. Lynch, U.S. Court of Appeals for the First Circuit, 2005, "THE TWO DISCOURSES IN COLOMBIAN CONSTITUTIONAL JURISPRUDENCE: A NEW APPROACH TO MODELING JUDICIAL BEHAVIOR IN LATIN AMERICA" 37 Geo. Wash. Int’l L. Rev. 687) Theoretically, attitudinalists could argue that judges rule in accordance with their own ideological preferences AND , what matters is the outcome, not the reasoning of the case.
Court Capital is not finite—inaction hurts institutional capital worse
Weinberg 94 ~Fall, 1994, Louise Weinberg is a Wynne Professor in Civil Jurisprudence, The University of Texas, "IRA C. ROTHGERBER, JR. CONFERENCE ON CONSTITUTIONAL LAW: GUARANTEEING A REPUBLICAN FORM OF GOVERNMENT: POLITICAL QUESTIONS AND THE GUARANTEE CLAUSE", 65 U. Colo. L. Rev. 887~ Some writers trace concerns of the kind we have been discussing to one overriding concern AND that legitimizes and delegitimizes. That is what we pay it to do.
2AC Winners Win
Winners Win
Lawrence G. Sager Prof Law ’81 (Professor of Law, New York University) April, 1981 Constitutional Triage Columbia Law Review, Vol. 81, No. 3. pp. 707-719. A second objection, to which Professor Choper has made himself more directly vulnerable, AND may serve over time to erode public tolerance of the Court’s controversial decisions.
2AC Normal Means
Normal means is courts will announce their decision at the end of the term and that solves the link
Mondak 92 ~Jeffery J., assistant professor of political science @ the University of Pittsburgh. "Institutional legitimacy, policy legitimacy, and the Supreme Court." American Politics Quarterly, Vol. 20, No. 4, Lexis~ The process described by the political capital hypothesis acts as expected in the laboratory, AND the Court release popular edicts to offset the effects of its controversial actions?
2AC Positivity Bias*
Public perceptions ensure every ruling only increases court legitimacy—positivity frames cushion controversy
Kenyatta and Gibson 3 ~2003, Lester Kenyatta Spence And James L. Gibson, Political Sci, Washington University and Gregory A. Caldeira, Poli Sci, Ohio State University. "The Supreme Court and the US Presidential Election of 2000: Wounds, Self-Inflicted or Otherwise?" B.J.Pol.S. 33~ These results may reflect the bias of "positivity frames" when it comes to AND —and under what conditions—symbols are effective at legitimizing judicial institutions.
2AC Human Rights T/
Turn—incorporating HUMAN RIGHTS garners public support for the courts.
Soohoo and Stolz, ’08 ~Cynthia Soohoo* and Suzanne Stolz Director, U.S. Legal Program, Center for Reproductive Rights Staff Attorney, U.S. Legal Program ’8, Center for Reproductive Rights 2008 Fordham Law Review Fordham Law Review November, 2008 77 Fordham L. Rev. 45~ A recent poll conducted by The Opportunity Agenda indicates that most Americans identify with human AND interest lawyers and activists are integrating human rights strategies into their work. n4
9/15/13
Aff Rd 5 UMKC
Tournament: UMKC | Round: 5 | Opponent: Minnesota PW | Judge: Sam Allen
Procedural
2AC
Resolved implies a policy
Louisiana House 3-8-2005, http://house.louisiana.gov/house-glossary.htm-http://house.louisiana.gov/house-glossary.htm** Resolution A legislative instrument that generally is used for making declarations, stating policies, and making decisions where some other form is not required. A bill includes the constitutionally required enacting clause; a resolution uses the term "resolved". Not subject to a time limit for introduction nor to governor’s veto. ( Const. Art. III, §17(B) and House Rules 8.11 , 13.1 , 6.8 , and 7.4)
Colon is meaningless – everything after it is what’s important. Webster’s 00 (Guide to Grammar and Writing, http://ccc.commnet.edu/grammar/marks/colon.htm-http://ccc.commnet.edu/grammar/marks/colon.htm) Use of a colon before a list or an explanation that is preceded by a clause that can stand by itself. Think of the colon as a gate, inviting one to go on… If the introductory phrase preceding the colon is very brief and the clause following the colon represents the real business of the sentence, begin the clause after the colon with a capital letter.
The neg must connect their alternative to policy concerns and institutional practices—absent these questions shifts in knowledge production are useless – governments’ obey institutional logics that exist independently of individuals and constrain decisionmaking
Wight – Professor of IR @ University of Sydney – 6 (Colin, Agents, Structures and International Relations: Politics as Ontology, pgs. 48-50
One important aspect of this relational ontology is that these relations constitute our identity as AND upon it, upon its specific characteristics, its constants and its variables’.
And, debating about the aff is key to solve it—we must keep Guantanamo in the public consciousness in order to organize effective strategies
Cole 12, Professor of Law ~2012, David Cole is a Professor of Law, Georgetown University Law Center, "Legal Affairs: Dreyfus, Guantanamo, and the Foundation of the Rule of Law, 29 Touro L. Rev. 43~ Moreover, while district courts exercising habeas corpus jurisdiction initially ruled in favor of the AND values of the Constitution, the rule of law, and human rights.
Alt doesn’t solve—the law is the necessary framework for these challenges to take place and can remedy issues with the political process
Cole 2011 - Professor, Georgetown University Law Center (Winter, David, "WHERE LIBERTY LIES: CIVIL SOCIETY AND INDIVIDUAL RIGHTS AFTER 9/11," 57 Wayne L. Rev. 1203, Lexis)
Unlike the majoritarian electoral politics Posner and Vermeule imagine, the work of civil society AND litigation’s outcome, which in turn contributed to a broader impetus for reform.
Forcing specific policy analysis is key – allows state institutions to be reclaimed and generates debater education necessary to create a left governmentality – necessary to create a public sphere
Ferguson, Professor of Anthropology at Stanford, 11 (The Uses of Neoliberalism, Antipode, Vol. 41, No. S1, pp 166–184) If we are seeking, as this special issue of Antipode aspires to do, AND some rather useful little mechanisms may be nearer to hand than we thought.
All their reasons the state is bad are a reason to vote affirmative—engaging means we know the tactics of the oppressor Williams, ’70 ~1970, Robert F. Williams, interviewed by The Black Scholar, "Interviews,", Vol. 1, No. 7, BLACK REVOLUTION (May 1970), pp. 2-14, http://www.jstor.org/stable/41163455~~ Williams: It is erroneous to think that one can isolate oneself completely from institutions AND people enter the vital organs of the establishment. Infiltrate the man’s institutions.
The American legal system and state are not inherently racist – their overly fatalistic narrative ignores massive progress and incorrectly assumes that the US uniquely represents a site of anti-blackness
Farber 98 (Daniel, Prof. of the Minnesota School of Law, "Is American Law Inherently Racist", w/ Prof. Delgado, Berkeley Law Scholarship Repository, http://scholarship.law.berkeley.edu/cgi/viewcontent.cgi?article=121126context=facpubs) Let me begin with the vision of the American legal system that Professor Delgado presented AND In some ways, I think we are doing considerably better than most.
The proper response to recurrent state/legal racism is protective measures – only legal reform can embed bulwarks against historical injustice
AUDIENCE: If we accept the premise that American law is inherently racist, what AND in other respects. I will address this point later in my talk.
CP
2AC Case O/W
Independently, the alt doesn’t solve the aff and it outweighs and turns their impacts
Not all leadership is the same
Pursuit of hegemony’s locked-in – the only question is effectiveness
Dorfman 12, Assistant editor of Ethics and International Affairs (Zach What We Talk About When We Talk About Isolationism, http://dissentmagazine.org/online.php?id=605-http://dissentmagazine.org/online.php?id=605) The rise of China notwithstanding, the United States remains the world’s sole superpower. AND come and go, but the national security state appears here to stay.
Heg is key to decease excess American interventionism
Kagan and Kristol, 2k (Robert and William, "Present Dangers", Kagan is a Senior Associate at the Carnegie Endowment for International Peace, and Kristol is the editor of The Weekly Standard, and a political analyst and commentator, page 13-14 ) http://www2.uhv.edu/fairlambh/asian/present_dangers.htm
It is worth pointing out, though, that a foreign policy premised on American AND " power that awaits a dramatic challenge before it rouses itself into action.
Western norms matter and are inevitable—the success of global democratic revolutions depends on a focus on the pragmatic details of international institutions and global norms—the alternative is genocides and nuclear war
Shaw, Professor of International Relations and Politics at the University of Sussex, ’99 (Martin, November 9, "The unfinished global revolution: Intellectuals and the new politics of international relations" The new politics of international relations require us, therefore, to go beyond the AND and analytical challenges for students of international relations and politics, are intertwined.
2AC Perm
Permutation—the plan and the alternative—the alternative doesn’t change the islamaphobic policies that have institutionalized the oppression of certain bodies
The first net benefit is reductionism
The history of racism, while terrible, does not represent exceptional/gratuitous violence – white societies have produced equally excessive violence against one another – refuse their historiography because it relies on transforming an historically inaccurate claim about violence into an entire theory of ideology and subject formation
Toward the end of our meal we began discussing how one can look at racism AND though is this: Is this what we what we will always do?
The second net benefit is essentialism
Their use of ontological blackness creates reliance on white superiority and erases individuality – ontological blackness opposes itself to whiteness, affirming white superiority by grounding blackness in suffering and the experience of anti-blackness – that reduces all experience to negative experience of racial constitution, which crushes individuality and causes social death
Pinn 97 (Anthony, Agnes Cullen Arnold Professor of Humanities and Professor of Religious Studies at Rice University whose work focuses on black liberation theology, African-American religion, and African-American humanism, Review of "Beyond Ontological Blackness: An Essay on African American Religious and Cultural Criticism by Victor Anderson", African American Review, Vol. 31, No. 2 (Summer, 1997), pp. 320-323)
In chapter one Anderson defines religious criticism, cultural criticism, and other terms that AND suffocate. How does one maintain this balance? Anderson looks to Nietzsche.
9/15/13
Aff Rd 7 UMKC
Tournament: UMKC | Round: 7 | Opponent: Central Oklahoma HB | Judge: Sam Maurer
Hegemony Good
AT: Heg Bad
Pursuit of hegemony’s locked-in – the only question is effectiveness
Dorfman 12, Assistant editor of Ethics and International Affairs (Zach What We Talk About When We Talk About Isolationism, http://dissentmagazine.org/online.php?id=605-http://dissentmagazine.org/online.php?id=605) The rise of China notwithstanding, the United States remains the world’s sole superpower. AND come and go, but the national security state appears here to stay.
War is at its lowest level in history because of US primacy—-best statistical studies prove
Owen 11 John M. Owen Professor of Politics at University of Virginia PhD from Harvard "DON’T DISCOUNT HEGEMONY" Feb 11 www.cato-unbound.org/2011/02/11/john-owen/dont-discount-hegemony/ Andrew Mack and his colleagues at the Human Security Report Project are to be congratulated AND U.S. material and moral support for liberal democracy remains strong.
Heg is key to decease excess American interventionism
Kagan and Kristol, 2k (Robert and William, "Present Dangers", Kagan is a Senior Associate at the Carnegie Endowment for International Peace, and Kristol is the editor of The Weekly Standard, and a political analyst and commentator, page 13-14 ) http://www2.uhv.edu/fairlambh/asian/present_dangers.htm
It is worth pointing out, though, that a foreign policy premised on American AND " power that awaits a dramatic challenge before it rouses itself into action.
AT Democracy Bad
Their co-optation arguments are wrong – liberal democracy key launching point for new forms of politics.
Lee Corbett, University of New South Wales, July 28, 2003, The Drawing Board: Australian Review of Public Affairs , http://www.australianreview.net/digest/2003/07/corbett.html If you asked me a few years ago ’what is postcolonial liberalism?’ AND and freedom, but it is more than either of these taken alone.
Liberalism doesn’t cause homo sacer – it rests on the assumption of universal inclusion
Mitchell, Geography Prof at UWash, ’6 (Katharyne, Geographies of identity: the new exceptionalism" Progress in Human Geography, Vol 30 No 1, p 95-106, SagePub) II Differenti’al exceptions There are many useful ideas here and their modern applicability is breathtaking AND ’accidents’ of poor or unfair implementation, the principles of universalism were sound.
AT Targeted Killing
2AC N/U
Drone strikes are inevitable—any wind-downs are only rhetoric
The short chapter that follows aims to take Judge Brown’s suggestion seriously. As I AND Judge Brown to identify "take no prisoners" as Boumediene’s true legacy.
AT Interrogation DA
2AC Resource T/O
That makes detention useless and compromises counter-terror activities O’Neil 11 ~Winter, 2011, Robin O’Neil, "THE PRICE OF PURITY: WEAKENING THE EXECUTIVE MODEL OF THE UNITED STATES’ COUNTER-TERROR LEGAL SYSTEM", 47 Hous. L. Rev. 1421~
While providing for judicial review may not make sense in every anti-terror context AND the President should provide for meaningful judicial recourse by his own order. n159
Law K
2AC Framework
Framework—the primary purpose of debate should be to improve our skills as decisionmakers through a discussion of public policy
Decisionmaking skills are necessary to decide between individual courses of action that affect us on a daily basis—flexing our muscles in the high-stakes games of public policymaking is necessary to make those individual decisions easier
And, debating about the aff is key to solve it—we must keep Guantanamo in the public consciousness in order to organize effective strategies
Cole 12, Professor of Law ~2012, David Cole is a Professor of Law, Georgetown University Law Center, "Legal Affairs: Dreyfus, Guantanamo, and the Foundation of the Rule of Law, 29 Touro L. Rev. 43~ Moreover, while district courts exercising habeas corpus jurisdiction initially ruled in favor of the AND values of the Constitution, the rule of law, and human rights.
That’s key—the law is the necessary framework for these challenges to take place
Cole 2011 - Professor, Georgetown University Law Center (Winter, David, "WHERE LIBERTY LIES: CIVIL SOCIETY AND INDIVIDUAL RIGHTS AFTER 9/11," 57 Wayne L. Rev. 1203, Lexis)
Unlike the majoritarian electoral politics Posner and Vermeule imagine, the work of civil society AND litigation’s outcome, which in turn contributed to a broader impetus for reform.
This is uniquely true with liberalism—the success of global democratic revolutions depends on a focus on the pragmatic details of international institutions and global norms—the alternative is genocides and nuclear war
Shaw, Professor of International Relations and Politics at the University of Sussex, ’99 (Martin, November 9, "The unfinished global revolution: Intellectuals and the new politics of international relations" The new politics of international relations require us, therefore, to go beyond the AND and analytical challenges for students of international relations and politics, are intertwined.
Perm – use the plan as a means to connect with the alienated through criticism of existing law. Using the plan as a critical legal strategy revitalizes critical legal studies as a whole.
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.
AT ANthro
2AC ANthro
Its just a link omission
The alt is still an anthropocentric approach – it claims that human beings are the arbiters of "value" in the world
Their purely negative approach to environmental ethics kills action – the affirmative develops praxis which solves
Richards 11 (Tim, International Journal of Environmental, Cultural, Economic, 26 Social Sustainability, Beyond Environmental Morality: Towards a Viable Environmental Ethic(s), Vol. 7, No. 2)JFS Modern environmental ethics, therefore, to the extent that one or both of these AND and narrative of environmental ethics such that it can effectively guide environmental praxis.
Focusing on the academy means their alternative can never solve Best 12 (steven, the inventor of Critical Animal Studies, "The Rise (and Fall) of Critical Animal Studies," recently quit his job as a professor because he does not believe that Critical Animal Studies can occur in academic spaces, http://www.liberazioni.org/articoli/BestS-TheRise(and20Fall)ofCriticalAnimalStudies.pdf)JFS In the last three decades, animal studies has grown exponentially in the global academy AND elites, corporate exploiters, environmental rapists, and the animal holocaust industry.
The K supports environmental dualisms – they view humans as outside of nature, enacting destruction upon it
Richards 11 (Tim, International Journal of Environmental, Cultural, Economic, 26 Social Sustainability, Beyond Environmental Morality: Towards a Viable Environmental Ethic(s), Vol. 7, No. 2)JFS Modern Western environmental ethics assumes that humans are, at the core, environmentally ’ AND historical contingencies that can, and I would argue must, be changed.
That turns the K – environmental dualisms cause worse environmental destruction Dark Mountain 9 (Uncivilization, network of writers, artists, and thinkers, The Dark Mountain Manifesto, http://dark-mountain.net/about/manifesto/-http://dark-mountain.net/about/manifesto/**, 2009)JFS/NAR The myth of progress is founded on the myth of nature. The first tells AND , we can glimpse the violence to which our myths have driven us.
9/19/13
Aff Round 3 Kentucky
Tournament: Kentucky | Round: 3 | Opponent: George Washington NS | Judge: Nick Brown
2AC Case
~ ~ Democratic spread solves war – No other factor is as statistically significant Valerie Epps, Professor of Law, Suffolk University Law School, Boston, Spring, ’98 4 ILSA J Int’l 26 Comp L 347 One scholar who has perhaps tried the hardest to separate out other possible influences on AND . . . can reduce the frequency of violent conflicts among nations." n34
Democratization is inevitable, there’s only a risk we make countries more peaceful Mansfield 26 Snyder, ’95 ~Foreign Affairs, Spring, Edward D. Mansfield, Associate Professor of Political Science at Columbia University and Jack Snyder, Professor of Political Science and Director of the Institute of War and Peace Studies at Columbia University~ THOUGH MATURE democratic states have virtually never fought wars against each other, promoting democracy AND work remains to be done to minimize the dangers of the turbulent transition.
No circumvention and the courts are effective—the executive will consent
The Courts.—The courts constrain the Executive, both because courts are necessary to AND of law, including law defined as what a court will likely order.
No circumvention by the executive—ALSO PROVES
Stimson 9 ~09/25/09, Cully Stimson is a senior legal fellow at the Heritage Foundation and an instructor at the Naval Justice School former American career appointee at the Pentagon. Stimson was the Deputy Assistant Secretary of Defense for Detainee Affairs, "Punting National Security To The Judiciary", http://blog.heritage.org/2009/09/25/punting-national-security-to-the-judiciary/~~ So what is really going on here? To those of us who have either AND the administration close Gitmo without taking the heat for actually releasing detainees themselves.
2AC K
Framework—the primary purpose of debate should be to improve our skills as decisionmakers through a discussion of public policy
Decisionmaking skills are necessary to decide between individual courses of action that affect us on a daily basis—flexing our muscles in the high-stakes games of public policymaking is necessary to make those individual decisions easier
The neg must connect their alternative to policy concerns and institutional practices—absent these questions shifts in knowledge production are useless – governments’ obey institutional logics that exist independently of individuals and constrain decisionmaking
Wight – Professor of IR @ University of Sydney – 6 (Colin, Agents, Structures and International Relations: Politics as Ontology, pgs. 48-50
Discussions of structure should precede substance—second generation Guantanamo issues require a more detailed focus on the legal system—student advocacy enables us to make change
Marguiles 11, Professor of Law ~February 9, 2011, Peter Margulies is Professor of Law, Roger Williams University., "The Ivory Tower at Ground Zero: Conflict and Convergence in Legal Education’s Responses to Terrorism"Journal of Legal Education, Vol. 60, p. 373, 2011, Roger Williams Univ. Legal Studies Paper No. 100~ If timidity in the face of government overreaching is the academy’s overarching historical narrative, AND Students need more guidance on what to look for when structure shapes substance.
Democracy must be reinfused with liberal ideals – attempts to redefine or reimplement democracy assistance towards different ends cause more intrusion and paralysis
Youngs, Director-General FRIDE, ’11 (Richard- Professor Politics University of Warwick, February 11, "Misunderstanding The Maladies Of Liberal Democracy Promotion" http://www.eurasiareview.com/misunderstanding-the-maladies-of-liberal-democracy-promotion-18022011/) Reflections on liberalism’s future Current international political trends are complex and still in flux. History shows that there AND forms of democracy’ breach the line between process and substantive policy outputs – t
The abandonment of western intervention is worse—imperialist structures exists internationally—US foreign policy promotes democratic movements and challenges oppression
Shaw 2, Professor of IR and Politics ~March 2002, Martin Shaw is a Professor of International Relations and Politics at the University of Sussex, "Post-Imperial and Quasi-Imperial: State and Empire in the Global Era", Millennium - Journal of International Studies, vol. 31 no. 2 327-336, http://mil.sagepub.com/content/31/2/327~~ Despite many echoes of classic imperialism in the West’s relationships to the non-West AND , that renders suspect some of the simpler narratives of new imperialism.22
The plan has no negative effect on the military – Boumediene should have already caused the link
ACLU 09 ~American Civil Liberties Union~ (Brief Amicus Curiae of the American Civil Liberties Union in Support of Petitioners, www.americanbar.org/content/dam/aba/publishing/preview/publiced_preview_briefs_pdfs_09_10_08_1234_PetitionerAmCuACLU.authcheckdam.pdf) The third Boumediene factor, the practical obstacles involved, again weighs more heavily in AND are entitled to challenge their ongoing detention under the Due Process Clause.10
When the global financial crisis struck roughly a year ago, the blogosphere was ablaze AND fear-mongering to proceed apace. That’s what the Internet is for.
Boehner is reaffirming his hardline, no compromise strategy
The aff saves Obama political capital and generates base support
Goldsmith and Wittes 9, Prof at Law School ex-assistant attorney general and senior fellow at Brookings ~12/22/09, Jack Goldsmith teaches at Harvard Law School and served as an assistant attorney general in the Bush administration. Benjamin Wittes, a former Post editorial writer, is a senior fellow at the Brookings Institution and the editor of "Legislating the War on Terror: An Agenda for Reform." Both are members of the Hoover Institution’s Task Force on National Security and Law, "A role judges should not have to play", http://articles.washingtonpost.com/2009-12-22/opinions/36890191_1_detention-policy-judges-judicial-system~~ Congress has avoided these issues for a number of reasons. Initially, it was AND — to any effort to write detention rules and limitations into statutory law.
10/5/13
Democracy Good, AT OLC CP, AT Immigration Reform Harvard, AT Warfighting DA, AT T Ban, AT AUMF DA
~ ~ Democratic spread solves war – No other factor is as statistically significant Valerie Epps, Professor of Law, Suffolk University Law School, Boston, Spring, ’98 4 ILSA J Int’l 26 Comp L 347 One scholar who has perhaps tried the hardest to separate out other possible influences on AND . . . can reduce the frequency of violent conflicts among nations." n34
~ ~ Democratization solves your warming impact Bättig 26 Bernauer, ’09 ~Michèle B. Bättig, Ph.D. in environmental sciences from ETH Zurich, Project director at Econcept AG, Thomas Bernauer, Professor of political science at ETH Zurich, Center for Comparative and International Studies and Institute for Environmental Decisions, "National Institutions and Global Public Goods: Are democracies more cooperative in climate change policy?," 2009, http://www.ib.ethz.ch/docs/ClimatePolicy.pdf-http://www.ib.ethz.ch/docs/ClimatePolicy.pdf~~ AP In climate change policy, democracies have obviously had a slow start in moving from AND group demand for climate change mitigation, these findings leave considerable room for optimism
2AC Ban T
We meet—indefinite detention with a right to habeas corpus isn’t indefinite detention
Restriction includes a limitation
STATE OF ARIZONA, Appellee, v. JEREMY RAY WAGNER, April 10, 2008, Filed, Appellant., 1 CA-CR 06-0167, 2008 Ariz. App. Unpub. LEXIS 613, opinion by Judge G. MURRAY SNOW
P10 The term "restriction" is not defined by the Legislature for the purposes AND natural and obvious meaning, which may be discerned from its dictionary definition."). P11 The dictionary definition of "restriction" is "~a~ limitation or qualification AND dictate that the term "restriction" includes the ignition interlock device limitation.
Their interpretation overlimits to only one aff in each topic area—aff flex ensures innovative topics encouraging research skills and in depth discussions
Our interpretation is more precise by citing a court case—that means our limit is predictable and better reflects the topic
Default to reasonability—competing interpretations leads to a race to limit out affs at the expense of substance—affs need to know they’re topical
AT AUMF
Impact inevitable
Beau Barnes 12, J.D. Candidate, Boston University School of Law, "Reauthorizing the ’War on Terror’: The Legal and Policy Implications of the AUMF’s Coming Obsolescence," Military Law Review, Vol 211, http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2150874 This article, prompted by Congress’s recent failed efforts to revisit and refine the September AND authority for the U.S. military’s global anti-terrorist operations.
2AC OLC CP
Multiple conditional options bad – it’s a voter – rejecting the arg incentivizes abuse
First is skew – aff can’t read their best offense because the neg can just kick their argument and can cross-apply offense, kills fairness
Second is research – they can advocate contradictory positions, kills education and advocacy skills
Dispo solves their offense
2009 proves the CP links to politics
Fisher, 13 —- served four decades in the Library of Congress as senior specialist in separation of powers at the Congressional Research Service and specialist in constitutional law at the Law Library (7/1/2013, Louis, The National Law Journal, "Closing Guantanamo http://www.constitutionproject.org/wp-content/uploads/2013/07/Guantanamo-NLJ-2013.pdf))
On January 22, 2009, on his second day in office, Obama issued AND was the type of unilateral action that backfired on George W. Bush.
Doesn’t solve Judicial Globalism
Separation of Powers—judicial action is key restore the balance with the executive by asserting judicial strength and countering perceptions of judicial irrelevance—that’s Schnarf—the impact is our CJA evidence—prevents stable democratic transitions globally
Globalization—only the plan is modeled—Judiciary’s participate in transnational conferences and interactions and are looked to by foreign governments—that’s Schnarf—those are key to encourage judicial independence and strength in new states
Doesn’t solve Legitimacy
Stable Interpretation Key—The courts’ strengths in offering a stable interpretation of the law—US legal structures uniquely generate credibility—stable interpretation of the law bolsters hegemonic stability because nations know they can rely on those interpretations—states fear the ability of the executive to make abrupt moves—that’s Knowles
Accountability—the court is uniquely accessible because its seen as an avenue for countries to lodge complaints against the US—credibility of judicial action is key to make the US seem broadly accountable which is key—that’s Knowles
Global Governance—legal norms are key to make hegemony effective—legal consistency and commitment to international norms allows us to legitimize pushing for liberal norms like free markets and cooperation which are key to stability—that’s Knowles and Kromah
Perm do both—solves the NB because Obama will be seen as taking the lead
Perm do the CP
Only the courts can solve – The Executive tried and congress removed their funding for transfer
Chow 11, JD from Cardozo (Samuel, THE KIYEMBA PARADOX: CREATING A JUDICIAL FRAMEWORK TO ERADICATE INDEFINITE, UNLAWFUL EXECUTIVE DETENTIONS, www.cjicl.com/uploads/2/9/5/9/2959791/cjicl_19.3_chow_note.pdf) After the D.C. Circuit Court issued its opinion and while the petition AND for release, therefore, turned again on the pending petition for certiorari.
The plan has no negative effect on the military – Boumediene should have already caused the link
ACLU 09 ~American Civil Liberties Union~ (Brief Amicus Curiae of the American Civil Liberties Union in Support of Petitioners, www.americanbar.org/content/dam/aba/publishing/preview/publiced_preview_briefs_pdfs_09_10_08_1234_PetitionerAmCuACLU.authcheckdam.pdf) The third Boumediene factor, the practical obstacles involved, again weighs more heavily in AND are entitled to challenge their ongoing detention under the Due Process Clause.10
2AC Immigration DA
Squo solves biotech
Resurreccion ’13 ~Lyn. Science Editor for Business Mirror. "Crop Biotechnology: A Continuing Success Globally" The Business Mirror, 2/23/13 ~ CROP biotechnology has been achieving "continuing success" globally as the number of farmers AND resulted in increase in farmers’ income and "more money in their pockets."
No escalation- crises will be resolved through negotiations
Alagappa, Distinguished Senior Fellow at the East-West Center, PhD in International Affairs from the Fletcher School of Law and Diplomacy, 2009 (Muthiah, "Nuclear Weapons Reinforce Security and Stability in 21st Century Asia", Vol 4 No 1) The stabilizing effect of nuclear weapons may be better illustrated in India-Pakistan relations AND the November 26terrorist attack in Mumbai has begun to characterize the bilateral relationship.
Immigration reform’s not key to the economy
Castelletti et al 10 ~Bárbara, economist at the OECD Development Centre, , Jeff Dayton-Johnson, head of the OECD development Centre, and Ángel Melguizo, economist at the OECD Development Centre, "Migration in Latin America: Answering old questions with new data," 3/19/10, http://www.voxeu.org/index.php?q=node/4764-http://www.voxeu.org/index.php?q=node/4764~~** Most research on migration assumes that workers are employed in activities that correspond to their AND the non-recognition of foreign qualifications or excessive requalification requirements for foreigners.
No House vote —- GOP won’t bend to Obama pressure
Berman, 10/25 (Russell, 10/25/2013, "GOP comfortable ignoring Obama pleas for vote on immigration bill," http://thehill.com/homenews/house/330527-gop-comfortable-ignoring-obama-pleas-to-move-to-immigration-reform-http://thehill.com/homenews/house/330527-gop-comfortable-ignoring-obama-pleas-to-move-to-immigration-reform)) For President Obama and advocates hoping for a House vote on immigration reform this year, the reality is simple: Fat chance. ~Video~ Since the shutdown, Obama has repeatedly sought to turn the nation’s focus to immigration reform and pressure Republicans to take up the Senate’s bill, or something similar. But there are no signs that Republicans are feeling any pressure. Speaker John Boehner (R-Ohio) has repeatedly ruled out taking up the comprehensive Senate bill, and senior Republicans say it is unlikely that the party, bruised from its internal battle over the government shutdown, would pivot quickly to an issue that has long rankled conservatives. Rep. Tom Cole (R-Okla.), a leadership ally, told reporters Wednesday there is virtually no chance the party would take up immigration reform before the next round of budget and debt-ceiling fights are settled. While that could happen by December if a budget conference committee strikes an agreement, that fight is more likely to drag on well into 2014: The next deadline for lifting the debt ceiling, for example, is not until Feb. 7.
Court shields—star this card
Stimson 9 ~09/25/09, Cully Stimson is a senior legal fellow at the Heritage Foundation and an instructor at the Naval Justice School former American career appointee at the Pentagon. Stimson was the Deputy Assistant Secretary of Defense for Detainee Affairs., "Punting National Security To The Judiciary", http://blog.heritage.org/2009/09/25/punting-national-security-to-the-judiciary/~~ So what is really going on here? To those of us who have either AND the administration close Gitmo without taking the heat for actually releasing detainees themselves.
Dems will block and they’re key
Lerer and Tiron, 10/24 (Lisa and Roxana, 10/24/2013, "Republicans After Shutdown Seen Losing Again on Immigration," http://www.bloomberg.com/news/2013-10-24/republicans-after-shutdown-seen-losing-again-defying-immigration.html-http://www.bloomberg.com/news/2013-10-24/republicans-after-shutdown-seen-losing-again-defying-immigration.html)) Shortly after the U.S. government shutdown ended, President Barack Obama declared that he wanted immigration legislation back on Congress’s agenda, with the goal of passage by year’s end. Some fellow Democrats are in no hurry. Their concern: a compromise with Republicans might take the edge off an issue that tops the agenda for Hispanics, a group that gave Obama 71 percent of its votes in the 2012 presidential election. Democrats want to hold onto that decisive margin in their bid to keep control of the U.S. Senate and win a House majority in next year’s congressional races.
The plan pacifies the base and gets their support
Goldsmith and Wittes 9, Prof at Law School ex-assistant attorney general and senior fellow at Brookings ~12/22/09, Jack Goldsmith teaches at Harvard Law School and served as an assistant attorney general in the Bush administration. Benjamin Wittes, a former Post editorial writer, is a senior fellow at the Brookings Institution and the editor of "Legislating the War on Terror: An Agenda for Reform." Both are members of the Hoover Institution’s Task Force on National Security and Law, "A role judges should not have to play", http://articles.washingtonpost.com/2009-12-22/opinions/36890191_1_detention-policy-judges-judicial-system~~ Congress has avoided these issues for a number of reasons. Initially, it was AND — to any effort to write detention rules and limitations into statutory law.
US detention policy is an act of Islamophobia informed by a culture of collective suspicion and prejudice
Koenigsknecht 12, Public History MA Candidate ~October 04, 2012, Theresa Koenigsknecht is Public History MA Candidate at Indiana University-Purdue University at Indianapolis, "Perspectives on Post 9/11 Prejudices: Islamophobia", http://blog.gitmomemory.org/2012/10/04/perspectives-on-post-911-prejudices-islamophobia/~~ Have the September 11th terrorist attacks changed how you view or treat others? For AND or treat those around them and in time provide an antidote for Islamophobia.
These constructions create a broader state of violence against Islamic bodies and bodies that are racially marked to look like them—this manifests itself in xenophobic profiling and immigration policies
Islamophobia shapes US foreign policy—notions of western superiority are a critical tool to drum up support for militaristic and elitist interventions
Kumar 13 ~09/11/13, Deepa Kumar is an Associate Professor of Media Studies and Middle Eastern Studies at the Rutgers University. She is the author of Islamophobia and the Politics of Empire and Outside the Box: Corporate Media, Globalization, and the UPS Strike being interviewed by Jessica Desvarieux, The Real News Network, "Twelve Years Post 9/11, Islamophobia Still Runs High", http://truth-out.org/video/item/18759-twelve-years-post-9-11-islamophobia-still-runs-high~~
KUMAR: Absolutely not. I think it is true that larger numbers of conservative AND Americans and people who look Muslim have been demonized since 9/11.
We advocate a critical praxis centered on challenging islamophobic indefinite detention policies.
Centering our praxis in this space is key—interrogating islamophobia in educational settings is critical to establish a critical consciousness that enables larger political projects
Housee 12, Senior Lecturer in Sociology ~Jan. 04 2012, Shirin Housee works at the School of Humanities, Languages and Social Sciences, University of Wolverhampton, UK "What’s the point? Anti-racism and students’ voices against Islamophobia", Volume 15, Issue 1~ Having reflected on the two seminar sessions on Islamophobia and the student comments, I AND is to education that our attention should be directed.’ (162)
Deconstructing and interrogating flawed assumptions behind Islamphobia is critical to establish a transformative and liberatory pedagogy that enables us as agents to challenge racist dynamics
Zine 4, Professor of Sociology and Equity Studies ~2004, Jasmin Zine is a researcher studying Muslims in the Canadian diaspora. She teaches graduate courses in the Department of Sociology and Equity Studies in Education at the Ontario Institute for Studies in Education of the University of Toronto in the areas of race and ethnicity, anti-racism education and critical ethnography., "Anti-Islamophobia Education as Transformative Pedadogy: Reflections from the Educational Front Lines", American Journal of Islamic Social Sciences 21:3~ As an anti-racism scholar and educator, fellow colleagues and I realized from AND " is important to exposing how power operates through the politics of representation.
2AC Permutation
The affirmative’s challenge to islamophobic indefinite detention policies creates an ideal intersectional space to build coalitions against racial violence—general claims to racial injustice are insufficient—we must coalesce around particular projects where there is a commonality of interest LIKE THE ADVOCACY—Coalitions our net better despite their indicts
Being able to talk about your personal issues is the privilege—who is here to speak about their experience at Guantanamo?—their kritik mirrors acts of distancing that say we should only focus on what’s in our purview—indefinite detention has maintained its legitimacy precisely because we view it as out there and not affecting us—we must bring the voices of those who can’t speak for themselves here
Park 10 ~2010, James Park, "EFFECTUATING PRINCIPLES OF JUSTICE IN ENDING INDEFINITE DETENTION: HISTORICAL REPETITION AND THE CASE OF THE UYGHURS", 31 Whittier L. Rev. 785~ George Orwell once wrote in The Road to Wigan Pier regarding empire and the complicity AND after years of imprisonment without the subject of their innocence ever being addressed.
plan: The United States federal government should prohibit public law 107-40's authorization to use force, effective December 31st, 2014.
adv 1 heg
the AUMF war paradigm makes failed state interventions inevitable—undermines US foreign policy and causes overstretch
Cronin 13, Professor of Public Policy ~11/29/13, Professor Audrey Kurth Cronin has had a combination of academic positions and practical U.S. government service throughout her career. She joined George Mason University’s School of Public Policy in Arlington, Virginia (USA) as a tenured senior faculty member in September 2011. Prior to that, she was a faculty member and director of the core course on military strategy at the U.S. National War College (2007-2011). She came to the war college from Oxford University (Nuffield College), where she was Director of Studies for the Oxford/Leverhulme Programme on the Changing Character of War from 2005 to 2007, "The ’War on Terrorism’: What Does it Mean to Win?", Journal of Strategic Studies, http://www.tandfonline.com/doi/abs/10.1080/01402390.2013.850423~~23tabModule~~
The war on al-Qaeda appears endless, but every war must end. AND were blurred, and the search for a perfect peace replaced reality.22
kills US global engagement—trades off with effective uses of US leadership—aff solves
Mazarr 14, Adjunct Professor for National Security Studies ~January-February 2014, MICHAEL J. MAZARR is Legislative Assistant and Chief Writer in the office of Rep. Dave McCurdy (D-OK). Dr. Mazarr holds A.B. and M.A. degrees from Georgetown University and a Ph.D. from the University of Maryland School of Public Affairs. He is an Adjunct Professor in the Georgetown University National Security Studies Program, and he served in the U.S. Naval Reserve for seven years as an intelligence officer. Before coming into the House, Dr. Mazarr was a Senior Fellow in International Studies, where he directed a number of major projects. He has authored five books, edited five anthologies, and published a number of scholarly articles, "The Rise and Fall of the Failed-State Paradigm", Foreign Affairs, http://www.foreignaffairs.com/articles/140347/michael-j-mazarr/the-rise-and-fall-of-the-failed-state-paradigm-http://www.foreignaffairs.com/articles/140347/michael-j-mazarr/the-rise-and-fall-of-the-failed-state-paradigm~~
A fourth problem with the state-building obsession was that it distorted the United AND will reflect a simple facing up to reality after a decade of distraction.
Leadership solves extinction through cooperation on global threats – decline means nuclear war
Brooks, Ikenberry, and Wolforth 13, Professors of Government and international Politics ~January/February 2013, Stephen G. Brooks, G. John Ikenberry, and William C. Wohlforth STEPHEN G. BROOKS is Associate Professor of Government at Dartmouth College. G. JOHN IKENBERRY is Albert G. Milbank Professor of Politics and International Af airs at Princeton University and Global Eminence Scholar at Kyung Hee University in Seoul. WILLIAM C. WOHLFORTH is Daniel Webster Professor of Government at Dartmouth College. This article is adapted from their essay "Don’t Come Home, America: The Case Against Retrenchment," International Security, Winter 2012-13., "Lean Forward", Foreign Affairs, http://www.twc.edu/sites/default/files/assets/academicCourseDocs/22.20Brooks,20Lean20Forward.pdf~ Of course, even if it is true that the costs of deep engagement fall AND a factor not mentioned openly but present in the back of statesmen’s minds."
the plan ends the war paradigm, rebalancing US strategy to make it more sustainable
Cronin 13, Professor of Public Policy ~11/29/13, Professor Audrey Kurth Cronin has had a combination of academic positions and practical U.S. government service throughout her career. She joined George Mason University’s School of Public Policy in Arlington, Virginia (USA) as a tenured senior faculty member in September 2011. Prior to that, she was a faculty member and director of the core course on military strategy at the U.S. National War College (2007-2011). She came to the war college from Oxford University (Nuffield College), where she was Director of Studies for the Oxford/Leverhulme Programme on the Changing Character of War from 2005 to 2007, "The ’War on Terrorism’: What Does it Mean to Win?", Journal of Strategic Studies, http://www.tandfonline.com/doi/abs/10.1080/01402390.2013.850423~~23tabModule~~
Third, as the United States ends this war, it must also rebalance US AND -Qaeda, staying on an endless wartime footing is self-defeating.
adv 2 terror
US counterterror efforts are failing now—the war paradigm galvanizes jihadist movements and creates new terrorist hubs
Carpenter 13 ~11/5/13, Charli Carpenter is a human security analyst specializing in outside-the-box thinking. She teaches political science at University of Massachusetts-Amherst, is the author of three books on war-affected civilians and has written on human security issues for Foreign Affairs, Foreign Policy and the National Interest. She blogs at Duck of Minerva, "Out of the Shadows: A New Paradigm for Countering Global Terrorism", http://www.worldpoliticsreview.com/articles/13325/out-of-the-shadows-a-new-paradigm-for-countering-global-terrorism~~
The term "shadow wars" aptly describes the U.S. approach to AND its shadow war but also in the eyes of its allies and constituents.
Independent of operations, maintaining the legal framework of war undermines effective counterterrorism efforts
Pillar and Preble 10 ~Paul R. Pillar is an academic and 28-year veteran of the AND Military’s Role in Counterterrorism", pages 61-82, found on ebrary~
It is in talking about terrorism that the terminology of counterterrorism becomes particularly relevant. AND , and give unwarranted legitimacy and unity of effort to dispersed adversaries.’’
This causes radicalization that outweighs any possible benefits—makes counterterrorism unstrategic in the long run—plan solves
Pillar and Preble 10 ~Paul R. Pillar is an academic and 28-year veteran of the AND Military’s Role in Counterterrorism", pages 61-82, found on ebrary~
One such consequence is to incur the wrath of civilian populations over the U. AND We can prevent falling into the terrorists’ trap by carefully limiting our responses.
Formally ending the war solves terror by leveraging US credibility though it doesn’t take any options off the table
McIntosh 13, Christopher McIntosh is a Visiting Assistant Professor, Political Studies, at Bard College and has a Ph.D. in political science from the University of Chicago. His research looks at the relationship between sovereignty and war, focusing particularly on the case of the United States war on terrorism, Foreign Policy Research Institute, Ending the War Against Al Qaeda, http://www.sciencedirect.com/science/article/pii/S0030438713000732~~23 Some might object that a shift in policy would constitute surrender, an admission of AND and political support that historically has been crucial to ending terrorist campaigns. Conclusion
A law enforcement approach solves terrorism better
Carpenter 13 ~11/5/13, Charli Carpenter is a human security analyst specializing in outside-the-box thinking. She teaches political science at University of Massachusetts-Amherst, is the author of three books on war-affected civilians and has written on human security issues for Foreign Affairs, Foreign Policy and the National Interest. She blogs at Duck of Minerva, "Out of the Shadows: A New Paradigm for Countering Global Terrorism", http://www.worldpoliticsreview.com/articles/13325/out-of-the-shadows-a-new-paradigm-for-countering-global-terrorism~~
If the U.S. were to shift course away from the use of AND battles cannot be won if the means used continue to undermine the message.
Nuclear terrorism is feasible, there are no barriers and there’s motivation for an attack now
Bunn et al. 14 ~March 2014, Matthew Bunn is a Professor of Practice at the Harvard Kennedy School. His research interests include nuclear theft and terrorism; nuclear proliferation and measures to control it; the future of nuclear energy and its fuel cycle; and innovation in energy technologies. Before coming to Harvard, Bunn served as an adviser to the White House Office of Science and Technology Policy, as a study director at the National Academy of Sciences, and as editor of Arms Control Today. He is the author or co-author of more than 20 books or major technical reports (most recently Transforming U.S. Energy Innovation), and over a hundred articles in publications ranging from Science to The Washington Post. Martin B. Malin is the Executive Director of the Project on Managing the Atom at the Belfer Center for Science and International Affairs at Harvard’s Kennedy School of Government. His research focuses on arms control and nonproliferation in the Middle East, US nonproliferation and counter-proliferation strategies, and the security consequences of the growth and spread of nuclear energy. Before coming to Harvard, Malin taught international relations, American foreign policy, and Middle East politics at Columbia University, Barnard College, and Rutgers University. He also served as Director of the Program on Science and Global Security at the American Academy of Arts and Sciences. Nickolas Roth is a research associate at the Project on Managing the Atom. Mr. Roth has a B.A. in History from American University and a Masters of Public Policy from the University of Maryland. While at Maryland, he served as a research assistant for the Center for International and Security Studies’ Nuclear Materials Accounting Project. He has expertise in national security issues related to US nuclear weapons policy. William H. Tobey is a Senior Fellow at the Belfer Center for Science and International Affairs. He was most recently Deputy Administrator for Defense Nuclear Nonproliferation at the National Nuclear Security Administration. There, he managed the US government’s largest program to prevent nuclear proliferation and terrorism by detecting, securing, and disposing of dangerous nuclear material. Mr. Tobey also served on the National Security Council Staff in three administrations, in defense policy, arms control, and counter-proliferation positions. He has participated in international negotiations ranging from the START talks with the Soviet Union to the Six Party Talks with North Korea. He is chair of the board of directors of the World Institute for Nuclear Security. He also has extensive experience in investment banking and venture capital, "Advancing Nuclear Security: Evaluating Progress and Setting New Goals", http://belfercenter.ksg.harvard.edu/files/advancingnuclearsecurity.pdf~~
Unfortunately, nuclear and radiological terrorism remain real and dangerous threats.1 The conclusion AND dire poverty," creating a "second death toll throughout the developing world."
Extinction—-equivalent to full-scale nuclear war
Owen B. Toon 7, chair of the Department of Atmospheric and Oceanic Sciences at CU-Boulder, et al., April 19, 2007, "Atmospheric effects and societal consequences of regional scale nuclear conflicts and acts of individual nuclear terrorism," online: http://climate.envsci.rutgers.edu/pdf/acp-7-1973-2007.pdf To an increasing extent, people are congregating in the world’s great urban centers, AND should be carried out as well for the present scenarios and physical outcomes.
solvency
Ending the armed conflict ensures soft constraints that causes the best middle ground of executive powers—ensures restraint without creating constraint
Chesney 13, Professor in Law and Associate Dean at UT Law ~09/27/13, Robert M. Chesney is the Charles I. Francis Professor in Law and Associate Dean for Academic Affairs at the University of Texas School of Law. In addition, he is the Director-Designate of the Robert S. Strauss Center for International Security and Law. In 2009, Professor Chesney served in the Justice Department in connection with the Detention Policy Task Force created by Executive Order 13493. He also previously served the Intelligence Community as an associate member of the Intelligence Science Board and as a member of the Advanced Technology Board. In addition to his current positions at the University of Texas, he is a non-resident Senior Fellow of the Brookings Institution, a member of the American Law Institute, a senior editor for the Journal of National Security Law 26 Policy, and a past chair of Section on National Security Law of the Association of American Law Schools (as well as of the AALS Section on New Law Teachers), "POSTWAR",THE UNIVERSITY OF TEXAS SCHOOL OF LAW, Public Law and Legal Theory Research Paper Series Number 544, http://ssrn.com/abstract= 2332228~
Let us assume for the sake of argument that the foregoing analysis is correct, AND on the question of whether to persist with the armed-conflict framework.
Anything short of clean repeal causes future presidents to reinterpret it and ensures excessive interventions
In his speech on counterterrorism last month, President Barack Obama said something both profound AND "we may be drawn into more wars we don’t need to fight."
Article 2 operations will be restrained—imminent threat standard isn’t expansive and causes moderation
Corn 13, Professor of Law ~06/02/13, Professor Geoffrey Corn (South Texas College of Law, "Corn Comments on the Costs of Shifting to a Pure Self-Defense Model", http://www.lawfareblog.com/2013/06/corn-comments-on-the-prospect-of-a-shift-to-a-pure-self-defense-model/ Professor Chesney’s post in response to the President’s speech at the National War College invited AND administration is unlikely to be too quick to abandon reliance on the AUMF.
Repealing the AUMF key—executive action isn’t trusted and gets reinterpreted by future presidents—restraining the authorization for the war is key—that’s Preble—the CP isn’t binding
The CP is hollow rhetoric – it sends mixed international signals and the executive won’t listen
Kriner 10 – associate professor of political science and the Director of Undergraduate Studies at Boston University (Douglas, After the Rubicon: Congress, Presidents, and the Conduct of Waging War, p. 155-156) The models also investigate the effect of legislative actions to curtail presidential discretion in the AND a conflict should be limited, if they have any influence at all.
In every supremely lawyered syllable, Obama was saying: It’s not a war anymore AND terror. And that is something the American people will thank him for. No Fights over the plan Panda 3/12, Ankit Panda is Associate Editor of The Diplomat. He was previously a Research Specialist at Princeton University where he worked on international crisis diplomacy, international security, technology policy, and geopolitics , Time to Review the AUMF, http://thediplomat.com/2014/03/time-to-review-the-aumf/ The AUMF became a point of controversy among libertarians, non-interventionists, and AND . Expect this debate to expand as President Obama’s second term carries forward.
Daskal and Vladeck 14 ~2014, Jennifer Daskal is a fellow at Georgetown’s Center on National Security and the Law and an adjunct professor at Georgetown Law Center. Stephen I. Vladeck is a professor of law and the Associate Dean for Scholarship at American University Washington College of Law. This paper was sponsored in part by the Open Society Foundations, "AFTER THE AUMF", Harvard National Security Journal / Vol. 5, http://www.lawfareblog.com/wp-content/uploads/2013/05/After-the-AUMF-Final.pdf~~
An alternative option would be for Congress to write a sunset provision into the AUMF AND of course, treat the AUMF as lapsed, even without such legislation.
Framework—the neg must connect their alternative to policy concerns and institutional practices—absent these questions shifts in knowledge production are useless – governments’ obey institutional logics that exist independently of individuals and constrain decisionmaking
Wight – Professor of IR @ University of Sydney – 6 (Colin, Agents, Structures and International Relations: Politics as Ontology, pgs. 48-50
One important aspect of this relational ontology is that these relations constitute our identity as AND upon it, upon its specific characteristics, its constants and its variables’.
Neoliberalism doesn’t cause extinction
Gleditsch, Research Professor at the Peace Research Institute, 02 (GLOBALIZATION AND INTERNAL CONFLICT, Available online) While neomalthusian thought is very widespread, it is not unopposed. Cornucopians, or AND may have been better at summing up the past than predicting the future.
Transition from neolib causes massive violence – counter-revolutionary interventions
Anderson ’84 professor of sociology – UCLA, (Perry, In the tracks of historical materialism, p. 102-103)
That background also indicates, however, what is essentially missing from his work. AND —as this work does—is to locate it in thin air.
Legal norms don’t cause wars and the alt can’t effect liberalism David Luban 10, law prof at Georgetown, Beyond Traditional Concepts of Lawfare: Carl Schmitt and the Critique of Lawfare, 43 Case W. Res. J. Int’l L. 457
Among these associations is the positive, constructive side of politics, the very foundation AND would be a political decision. It would simply be a bad one.
Dickinson, 9 – professor of political science at Middlebury College and taught previously at Harvard University where he worked under the supervision of presidential scholar Richard Neustadt (5/26/09, Matthew, Presidential Power: A NonPartisan Analysis of Presidential Politics, "Sotomayor, Obama and Presidential Power," http://blogs.middlebury.edu/presidentialpower/2009/05/26/sotamayor-obama-and-presidential-power/, JMP) What is of more interest to me, however, is what her selection reveals AND has already occurred, in the decision to present Sotomayor as his nominee.
Congressional reforms backfire on litigation abuse, costs, and small businesses and sideline judicial action which solve better now
Several additional legislative proposals have been introduced in the 113th Congress with a stated goal AND . As noted above, AIPLA has filed amicus briefs in those cases.
A recurring theme that can be traced through the patent reforms of the AIA to AND clarity and direction in making ¶ any necessary changes. ¶ ¶ c.
Bill getting delayed and is mired by controversy and Court will be taking action
Brown, et. al, 3/28 (Alex Brown, Brendan Sasso, Laura Ryan and Dustin Volz, 3/28/2014, National Journal Online, "Patent Action Delayed and the FCC’s Tech is Outdated," Factiva)) TODAY’S TOP PARAGRAPH: The Senate Judiciary expectedly punted on taking up patent reform on AND for his part, said he would continue fighting for the controversial measure.
No impact to aging
Robert J Lieber 9, Professor of Government and International Affairs at Georgetown University, "Persistent primacy and the future of the American era", International Politics. The Hague: Mar 2009. Vol. 46, Iss. 2-3; pg. 119, 21 pgs
Demography also works to the advantage of the United States. Most other powerful states AND and the fortunes of a global liberal democratic order - depend on it.
Enviro impacts inev – even if we could get to zero emissions, temperatures rise until the year 3000
Solomon et al, Chairwoman, IPCC, ’9 (Susan- member of the US National Academy of Sciences, the European Academy of Sciences, and the Academy of Sciences of France, Nobel Peace Prize Winner, Chairman of the IPCC, February 10, "Irreversible climate change due to carbon dioxide emissions" PNAS, Vol 106, http://www.pnas.org/content/early/2009/01/28/0812721106.full.pdf)** Over the 20th century, the atmospheric concentrations of key greenhouse gases increased due to AND magnitude that is directly linked to the peak level of carbon dioxide reached.
Legal strategies are more effective than the alternative—focusing on habeas challenges enables us to mobilize attention and utilize the state to undermine its legitimacy—our evidence assumes the malleability of the law
Ahmad 9, Professor of Law ~2009, Muneer I. Ahmad is a Clinical Professor of Law, Yale Law School, "RESISTING GUANTÁNAMO: RIGHTS AT THE BRINK OF DEHUMANIZATION", Northwestern University Law Review, Vol. 103, p. 1683, American University, WCL Research Paper No. 08-65~ As I have discussed thus far, we believed the commission to be a purely AND hope for a gradualist, liberal perfection of the injustice in the world.
Legalism is good and the 1AC is key—even if the law is imperfect, public discourse about legal checks makes them effective by deterring the executive and the alternative’s faith in politics fails
Cole 2011 - Professor, Georgetown University Law Center (Winter, David, "WHERE LIBERTY LIES: CIVIL SOCIETY AND INDIVIDUAL RIGHTS AFTER 9/11," 57 Wayne L. Rev. 1203, Lexis)
D. The Role of Politics The force of ordinary electoral politics also cannot account AND society organizations, was critical to rendering effective constitutional and international legal checks.
The law is indeterminate and is no means perfect, but the alternative is worse—we should recognize the constraints of the law and use that to construct better legal strategies—their author votes for the perm
Margulies and Metcalf 11, Clinical Professor of Law ("Terrorizing Academia" http://www.swlaw.edu/pdfs/jle/jle603jmarguilies.pdf, Joseph Margulies is a Clinical Professor, Northwestern University School of Law. He was counsel of record for the petitioners in Rasul v. Bush and Munaf v. Geren. He now is counsel of record for Abu Zubaydah, for whose torture (termed harsh interrogation by some) Bush Administration officials John Yoo and Jay Bybee wrote authorizing legal opinions. Earlier versions of this paper were presented at workshops at the American Bar Foundation and the 2010 Law and Society Association Conference in Chicago. Margulies expresses his thanks in particular to Sid Tarrow, AzizHuq, BaherAzmy, Hadi Nicholas Deeb, Beth Mertz, Bonnie Honig, and Vicki Jackson.Hope Metcalf is a Lecturer, Yale Law School. Metcalf is co-counsel for the plaintiffs/petitioners in Padilla v. Rumsfeld, Padilla v. Yoo, Jeppesen v. Mohammed, and Maqaleh v. Obama. She has written numerous amicus briefs in support of petitioners in suits against the government arising out of counterterrorism policies, including in Munaf v. Geren and Boumediene v. Bush. Metcalf expresses her thanks to Muneer Ahmad, Stella Burch Elias, Margot Mendelson, Jean Koh Peters, and Judith Resnik for their feedback, as well as to co-teachers Jonathan Freiman, RamziKassem, Harold HongjuKoh and Michael Wishnie, whose dedication to clients, students and justice continues to inspire., Journal of Legal Education, Volume 60, Number 3 (February 2011))
V. Conclusions and Implications From the vantage of 2010, it appears the interventionist position—our position— AND to believe that law, in an intensely legalistic society, was enough.
Legal and rights based detention strategies are a critical form of resistance—even if it fails, the act of demanding habeas rights affirms the life of detainees and provides a check on state violence
Ahmad 9, Professor of Law ~2009, Muneer I. Ahmad is a Clinical Professor of Law, Yale Law School, "RESISTING GUANTÁNAMO: RIGHTS AT THE BRINK OF DEHUMANIZATION", Northwestern University Law Review, Vol. 103, p. 1683, American University, WCL Research Paper No. 08-65~
This Article is about the work that rights do, and the work of the AND , state violence is so extreme as to attempt to extinguish the human.
Legal norms don’t cause wars and the alt can’t effect liberalism David Luban 10, law prof at Georgetown, Beyond Traditional Concepts of Lawfare: Carl Schmitt and the Critique of Lawfare, 43 Case W. Res. J. Int’l L. 457
Among these associations is the positive, constructive side of politics, the very foundation AND would be a political decision. It would simply be a bad one.
AT Civil Society Arg
Civil society can be a site of liberation
Brenkman 2 John, Professor of English and Comparative Literature, CUNY Graduate School, "Politics, Mortal and Natal: An Arendtian Rejoinder," Narrative 10:2, http://muse.jhu.edu/journals/narrative/v010/10.2brenkman02.html-http://muse.jhu.edu/journals/narrative/v010/10.2brenkman02.html, p. 187-8, *THIS ARTICLE ANSWERS THEIR EDELMAN CARDS ABOUT BRENKMAN In my view, Edelman effaces this difference between democracy and totalitarianism. He attributes AND challenge to homophobia and a volatilizing of social relations within the nonpolitical realm.
2AC Courts Constrain
No circumvention and the courts are effective—the executive will consent
The Courts.—The courts constrain the Executive, both because courts are necessary to AND of law, including law defined as what a court will likely order.
The neg must connect their alternative to policy concerns and institutional practices—absent these questions shifts in knowledge production are useless – governments’ obey institutional logics that exist independently of individuals and constrain decisionmaking
Wight – Professor of IR @ University of Sydney – 6 (Colin, Agents, Structures and International Relations: Politics as Ontology, pgs. 48-50
One important aspect of this relational ontology is that these relations constitute our identity as AND upon it, upon its specific characteristics, its constants and its variables’.
The aff is good—Second generation Guantanamo issues require a more detailed focus on the legal system—student advocacy enables us to make change
Marguiles 11, Professor of Law ~February 9, 2011, Peter Margulies is Professor of Law, Roger Williams University., "The Ivory Tower at Ground Zero: Conflict and Convergence in Legal Education’s Responses to Terrorism"Journal of Legal Education, Vol. 60, p. 373, 2011, Roger Williams Univ. Legal Studies Paper No. 100~ If timidity in the face of government overreaching is the academy’s overarching historical narrative, AND Students need more guidance on what to look for when structure shapes substance.
Psychoanalysis can’t be scaled up to explain society or politics – they can’t explain our impacts and definitely can’t solve Sharpe 10 – lecturer, philosophy and psychoanalytic studies, and Goucher, senior lecturer, literary and psychoanalytic studies – Deakin University Matthew and Geoff, Žižek and Politics: An Introduction, p. 182-185 Can we bring some order to this host of criticisms? It is remarkable that AND can the theorist and his allies use to move them to do so?
AT Democracy Link
Their alt rejects all forms of political engagement and ignores the ability of politics to produce social change. The aff’s rejection of compromise serves to empower the Christian right
Brenkman ’2 (John, professor of English and Comparative Literature at CUNY, Narrative 10.2, "Queer Post-Politics," projectmuse) But Edelman interprets this nonrecognition in very different terms from those I have just used AND order strikes me as politically self-destructive and theoretically just plain wrong.
AT Queer Negativity Frontline
Calls for change are the best means to celebrate life – inaction breeds resentment
May, Lemon Professor of Philosophy at Clemson University, ’5 (Todd, "To change the world, to celebrate life" Philosophy and Social Criticism, Vol 31 No 5-6, p 517-531, SagePub) To change the world and to celebrate life. This, as the theologian Harvey AND who would be more than willing to take your world up for you.
post-Boumediene lower court decisions that authorize lower evidentiary standards have made habeas useless
Ajuha and Tutt 12, Staff Member of Foreign Affairs Committee and Visiting Fellow ~Fall, 2012, Jasmeet K. Ahuja is a Professional Staff Member for AND Effects and Consequences", 31 Yale L. 26 Pol’y Rev. 185~
Beginning in 2001, the United States began transporting hundreds of persons captured overseas in AND Boumediene, granting executive detention at Guantánamo Bay judicial sanction without judicial scrutiny.
Statistics show this has effectively negated any review process for detention—the government can now prove any person, guilty or not, is an enemy combatant
Denbeaux et al. 12, Professor of Law ~05/01/12, Mark Denbeaux Professor, Seton Hall University School of Law Director, Seton Hall Law Center for Policy and Research Counsel for Guantanamo Detainees; Jonathan Hafetz Associate Professor, Seton Hall University School of Law Co-?Director, Seton Hall Law Transnational Justice Project; Sara Ben-?David, Nicholas Stratton, 26 Lauren Winchester Co-?Authors 26 Research Fellows; Bahadir Ekiz; Christopher Fox; Erin Hendrix; Chrystal Loyer; Philip Taylor; Edward Dabek; Sean Kennedy; Edward Kerins; Eric Miller; Emma Mintz; Kelly Ross; Kelly Ann Taddonio; Richard Tracy Contributors 26 Research Fellows; James Froehlich; Ryan Gallagher; Paul Juzdan; Adam Kirchner; Matt Miller; Lucas Morgan; Rachel Simon; Jason Stern; Kurt Watkins; Joshua Wirtshafter Research Fellows, "NO HEARING HABEAS: D.C. CIRCUIT RESTRICTS MEANINGFUL REVIEW", http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2145554-http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2145554~~
It is an open secret that Boumediene v. Bush’s promise of robust review of AND habeas cases to reveal the actual pattern of district court fact-finding.
The denial of habeas to innocent people represents a unique form of cruel and unusual punishment
slow down on this card if possible (like if its possible to physically go slower) Eisenberg 9 ~Spring 2009, Stewart "Buz" Eisenberg is Of Counsel to Weinberg 26 Garber, P.C. of Northampton, MA, serves as President of the International Justice Network, and is a Professor of Civil Liberties at Greenfield Community College. Since 2004 he has provided direct representation to four Guantánamo detainees., "Guantánamo Bay: Redefining Cruel and Unusual", NORTHEASTERN UNIVERSITY LAW JOURNAL Vol. 1 No. 1, http://nulj.org/journal/NULJ_v1n1_Eisenberg.pdf-http://nulj.org/journal/NULJ_v1n1_Eisenberg.pdf~~
Representing Guantánamo detainee Mohammed Abd Al Al Qadir (Guantánamo Internee Security Number 284) AND their stories reveal the government’s actions at Guantánamo, redefining cruel and unusual.
These decisions reflect a post 9-11 heuristic of deference to the executive and acceptance of its claims of imminent threat based on irrational fears
Cover 13, Assistant Professor and Associate Director of the Institute for Global Security Law ~02/25/2013, Avidan Cover is an Assistant Professor; Associate Director, Institute for Global Security Law and Policy, "PRESUMED IMMINENCE: JUDICIAL RISK ASSESSMENT IN THE POST-9/11 WORLD" works.bepress.com/avidan_cover/3/?~
It is difficult to determine the risk of a terrorist attack. The government always AND , but should instead candidly disclose their uncertainty and anxiety over terrorism threats.
This causes ineffective risk analysis that produces bad judicial decisionmaking and mass racial discrimination—aff solves
Cover 13, Assistant Professor and Associate Director of the Institute for Global Security Law ~02/25/2013, Avidan Cover is an Assistant Professor; Associate Director, Institute for Global Security Law and Policy, "PRESUMED IMMINENCE: JUDICIAL RISK ASSESSMENT IN THE POST-9/11 WORLD" works.bepress.com/avidan_cover/3/?~
This section examines how courts often neglect probability in undertaking risk assessments. This cognitive AND System 2 to reduce evidentiary requirements for government action intended to prevent terrorism.
Specifically, deference to the national security executive is co-constitutive with legal sanctioning of racism
- These trials permit these beliefs Joo 2, Professor of Law ~Fall, 2002; Thomas W. Joo, Professor, University of California, Davis, School of Law (King Hall), "PRESUMED DISLOYAL: EXECUTIVE POWER, JUDICIAL DEFERENCE, AND THE CONSTRUCTION OF RACE BEFORE AND AFTER SEPTEMBER 11", 34 Colum. Human Rights L. Rev. 1~
Because of its peculiar position as the official voice of society, law plays an AND "war against terrorism" shows the same forces at work once again.
Applying standardized burdens of proof solves deference and cognitive errors in judicial decisionmaking
Cover 13, Assistant Professor and Associate Director of the Institute for Global Security Law ~02/25/2013, Avidan Cover is an Assistant Professor; Associate Director, Institute for Global Security Law and Policy, "PRESUMED IMMINENCE: JUDICIAL RISK ASSESSMENT IN THE POST-9/11 WORLD" works.bepress.com/avidan_cover/3/?~
This section proposes a way forward in which judicial review is less deferential to the AND standard is more likely to feed biases, neglecting probability and presuming imminence.
Plan
The United States federal government should apply burdens of proof and presumptions regarding evidence in habeas corpus hearings that favor individuals in military detention.
Risk Analysis
Contention 2 is Risk Analysis
The dominance of "any risk logic" that pervades judicial decision-making is a direct parallel to the debate community—instead of "possibilistic thinking," we believe "probabilistic thinking" should be the frame for the debate
Possibilistic Thinking impedes skills development—the critical thinking skills that debate teaches become useless outside of the activity because we can only use them to think in terms of extremes that don’t reflect reality—as a result, decision-making becomes useless
don’t assume every part of their DA is true – instead you should have inherent skepticism
Schneier 10, Fellow at Harvard Law School ~05/12/10, Bruce Schneier is a fellow at the Berkman Center for Internet 26 Society at Harvard Law School and a program fellow at the New America Foundation’s Open Technology Institute, He is an an internationally renowned security technologist, called a "security guru" by The Economist. He is the author of 12 books — including Liars and Outliers: Enabling the Trust Society Needs to Thrive — as well as hundreds of articles, essays, and academic papers. His influential newsletter "Crypto-Gram" and his blog "Schneier on Security" are read by over 250,000 people. He has testified before Congress, is a frequent guest on television and radio, has served on several government committees, and is regularly quoted in the press. Schneier is a fellow at the Berkman Center for Internet and Society at Harvard Law School, a program fellow at the New America Foundation’s Open Technology Institute, a board member of the Electronic Frontier Foundation, an Advisory Board Member of the Electronic Privacy Information Center, and the Chief Technology Officer at Co3 Systems, Inc. He has a Ph. D. from the University of Westminster by the Department of Electronics and Computer Science, "Worst-case thinking makes us nuts, not safe", http://www.cnn.com/2010/OPINION/05/12/schneier.worst.case.thinking/-http://www.cnn.com/2010/OPINION/05/12/schneier.worst.case.thinking/~~ we do not endorse this author’s intent of ableist language and apologize for it, we have left it intact to preserve the article’s completeness
(CNN) — At a security conference recently, the moderator asked the panel AND don’t need to refute counterarguments, there’s no point in listening to them.
Independently, this means you should prioritize probable systemic impacts over possibilistic spectacular impacts—the 9/11 focus on big unlikely impacts means we ignore violence that ends up causing the most deaths
Nixon ’11 (Rob, Rachel Carson Professor of English, University of Wisconsin-Madison, Slow Violence and the Environmentalism of the Poor, pgs. 12-14)
Over the past two decades, this high-speed planetary modification has been accompanied AND how our rhetorical conventions for bracketing violence routinely ignore ongoing, belated casualties.
There are two specific practices you should be skeptical of
First—the reliance on secondary and unqualified sources masquerading as experts that use anecdotes and isolated incidents to speak about trends give unrealistic impacts the appearance of legitimacy
Glassner 99, President of Lewis and Clark and Former Professor of Sociology ~1999, Barry Glassner is the president of Lewis 26 Clark College and was formerly professor of sociology and executive vice provost at the University of Southern California, which honored him in 2002 with its highest research award, "THE CULTURE OF FEAR Why Americans Are Afraid of the Wrong Things", available on enbookfi~
The pressing question is the same now as it was in 1938: Why do AND scares.8 Or we can go on believing in martian invaders.’
Second—the use of multi-chain internal link and scenarios eclipse reality by obscuring the actual likelihood of the impact—the conjunctive fallacy dictates that they’re less likely
Yudkowsky 8, Research Fellow ~2008, Eliezer Yudkowsky is a Research Fellow at the Machine Intelligence Research Institute "Cognitive Biases Potentially A?ecting Judgment of Global Risks.", In Global Catastrophic Risks, edited by Nick Bostrom and Milan M. ?irkovi?, 91–119~
The conjunction fallacy similarly applies to futurological forecasts. Two independent sets of professional analysts AND condition will persist indefinitely." Vivid, specific scenarios can inflate our probability estimates
of security, as well as misdirecting defensive investments into needlessly narrow or implausibly detailed AND a futurist, disjunctions make for an awkward and unpoetic-sounding prophecy.
If we win indicts to the meta-structure of their arguments, it precedes individual risk assessments—effective decisionmaking is impossible in the mindset of possibilistic thinking
Furedi 9, Professor of Sociology ~2009, Frank Furedi is a professor of Sociology, School of Social Policy, Sociology, Social Research, The University of Kent, Canterbury, "PRECAUTIONARY CULTURE AND THE RISE OF POSSIBILISTIC RISK ASSESSMENT", Erasmus Law Review Volume 2 Issue 2~
The emergence of a speculative approach towards risk is paralleled by the growing influence of AND terrorism is overwhelmed by the alarmist narrative of a worse-case scenario.
3/28/14
NDT round 6 Case
Tournament: Ndt | Round: 6 | Opponent: USC PV | Judge: Bato, Lundeen, Olney 1AC same as round 4 2AC
2AC Terror
~ ~ The neg is just wrong – DoD regulation mandates Congressional consultation on the delegation of contractors – that checks executive power Petersohn ’08 Ulrich, Weatherhead Center for International Affairs @ Harvard, http://tinyurl.com/268qklp DoD regulations offer another avenue for approaching the classification of core functions. According to AND at least not without consent of the Congress (Verkuil 2007, 123).
PMCs are inevitable – enthusiasm for oursourcing and NGO’s Chesterman 7 (Simon, NYU Law Theory Working Papers, http://lsr.nellco.org/cgi/viewcontent.cgi?article=105426context=nyu_plltwp)JFS The traditional response, driven in significant part by the post-colonial experience of AND them to turn to the commercial sector for want of other security options.
2AC Solvency
Overwhelming evidence shows legal checks are effective—congress key
Aziz Z. Huq 12, Assistant Professor of Law, University of Chicago Law School, "Binding the Executive (by Law or by Politics)", May 25, www.law.uchicago.edu/files/file/400-ah-binding.pdf 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.
Law effectively constrains—overwhelming historical data proves
Aziz Z. Huq 12, Assistant Professor of Law, University of Chicago Law School, "Binding the Executive (by Law or by Politics)", May 25, www.law.uchicago.edu/files/file/400-ah-binding.pdf 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.
Best recent scholarship and examples prove
Aziz Z. Huq 12, Assistant Professor of Law, University of Chicago Law School, "Binding the Executive (by Law or by Politics)", May 25, www.law.uchicago.edu/files/file/400-ah-binding.pdf 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 .
Repealing the AUMF key—executive action isn’t trusted and gets reinterpreted by future presidents—restraining the authorization for the war is key—that’s Preble
Counterplan is overwhelmed by other precedent driving continued presidential powers
Marshall, 8 —- Professor of Law at the University of North Carolina (April 2008, William P., Boston University Law Review, "THE ROLE OF THE PRESIDENT IN THE TWENTY-FIRST CENTURY: ARTICLE: ELEVEN REASONS WHY PRESIDENTIAL POWER INEVITABLY EXPANDS AND WHY IT MATTERS," 88 B.U.L. Rev. 505))
Presidential power also inevitably expands because of the way executive branch precedent is used to AND President expands the availability of executive branch power for use by future Presidents.
The AUMF is the foundation of war efforts—as long as it exists, the US is in a state of war
McCintosh 13, Christopher McIntosh is a Visiting Assistant Professor, Political Studies, at Bard College and has a Ph.D. in political science from the University of Chicago. His research looks at the relationship between sovereignty and war, focusing particularly on the case of the United States war on terrorism, Foreign Policy Research Institute, Ending the War Against Al Qaeda, http://www.sciencedirect.com/science/article/pii/S0030438713000732~~23
On September 14, 2001, Congress passed the authorization for the use of military AND simply no need given the deafening silence from the public and the Congress.
Executive commitments aren’t viewed as credible—Obama needs to follow up by repealing the AUMF—otherwise others don’t see the war as over
In every supremely lawyered syllable, Obama was saying: It’s not a war anymore AND terror. And that is something the American people will thank him for.
2AC Trumanites Conspiracy Theory
Framework—legalism is good and the 1AC is key—even if the law is imperfect, public discourse about legal checks makes them effective by deterring the executive—the alternative’s focus on political consciousness fails
Cole 2011 - Professor, Georgetown University Law Center (Winter, David, "WHERE LIBERTY LIES: CIVIL SOCIETY AND INDIVIDUAL RIGHTS AFTER 9/11," 57 Wayne L. Rev. 1203, Lexis)
D. The Role of Politics The force of ordinary electoral politics also cannot account AND society organizations, was critical to rendering effective constitutional and international legal checks.
The aff solves anyway think Congress has enforcement power —- they’ll self-restrain
Cole 11 (David Cole is aProfessor at the Georgetown University Law Center, "Where Liberty Lies: Civil Society and Individual Rights After 9/11", The Wayne Law Review, Winter, 57 Wayne L. Rev. 1203, Accessed via GMU Libraries, LexisNexis, Last Accessed 1/23/14) ~*1245~ In my view, Posner and Vermeule simultaneously underestimate the constraining force AND law will have substantial deterrent effect, with or without actual court decisions.
No impact—legal restraints solve oppression and authoritarianism
Colm O’Cinneide 8, Senior Lecturer in Law at University College London, "Strapped to the Mast: The Siren Song of Dreadful Necessity, the United Kingdom Human Rights Act and the Terrorist Threat," Ch 15 in Fresh Perspectives on the ’War on Terror,’ ed. Miriam Gani and Penelope Mathew, http://epress.anu.edu.au/war_terror/mobile_devices/ch15s07.html This ’symbiotic’ relationship between counter-terrorism measures and political violence, and the AND repression: the need for mobilisation in response may therefore also be diluted.
National security constructions have objective basis—reliance on experts is inevitable and the alternative fails—only subjecting policy to judicial review can check national security discourse
Cole 12, Professor of Law ~July 2012, David Cole is a Professor, Georgetown University Law Center; "Confronting the Wizard of Oz: National Security, Expertise, and Secrecy", 44 Conn. L. Rev. 1617-1625 (2012)~
When I need to use the remote control for our television, I call my AND are made by the Congress as a whole, not by the experts.
Permutation do both: the law is indeterminate and is no means perfect, but the alternative is worse—we should recognize the constraints of the law and use that to construct better legal strategies—their author votes for the perm
Margulies and Metcalf 11, Clinical Professor of Law ("Terrorizing Academia" http://www.swlaw.edu/pdfs/jle/jle603jmarguilies.pdf, Joseph Margulies is a Clinical Professor, Northwestern University School of Law. He was counsel of record for the petitioners in Rasul v. Bush and Munaf v. Geren. He now is counsel of record for Abu Zubaydah, for whose torture (termed harsh interrogation by some) Bush Administration officials John Yoo and Jay Bybee wrote authorizing legal opinions. Earlier versions of this paper were presented at workshops at the American Bar Foundation and the 2010 Law and Society Association Conference in Chicago. Margulies expresses his thanks in particular to Sid Tarrow, AzizHuq, BaherAzmy, Hadi Nicholas Deeb, Beth Mertz, Bonnie Honig, and Vicki Jackson.Hope Metcalf is a Lecturer, Yale Law School. Metcalf is co-counsel for the plaintiffs/petitioners in Padilla v. Rumsfeld, Padilla v. Yoo, Jeppesen v. Mohammed, and Maqaleh v. Obama. She has written numerous amicus briefs in support of petitioners in suits against the government arising out of counterterrorism policies, including in Munaf v. Geren and Boumediene v. Bush. Metcalf expresses her thanks to Muneer Ahmad, Stella Burch Elias, Margot Mendelson, Jean Koh Peters, and Judith Resnik for their feedback, as well as to co-teachers Jonathan Freiman, RamziKassem, Harold HongjuKoh and Michael Wishnie, whose dedication to clients, students and justice continues to inspire., Journal of Legal Education, Volume 60, Number 3 (February 2011))
V. Conclusions and Implications From the vantage of 2010, it appears the interventionist position—our position— AND to believe that law, in an intensely legalistic society, was enough.
2AC Self Defense
Not a license for endless war
Anderson 11, Law Prof at American (Kenneth, TARGETED KILLING AND DRONE WARFARE: HOW WE CAME TO DEBATE WHETHER THERE IS A ’LEGAL GEOGRAPHY OF WAR’, http://ssrn.com/abstract=1824783) Legal Adviser Koh noted in his March 2010 statement that self-defense in this AND are subject to the customary rules of necessity, distinction, and proportionality.
Nobody cares
Reinold 11, Theresa Reinold is a researcher in the "Normative Order" Cluster of Excellence at Goethe-Universitit, Frank- furt am Main, State Weakness, Irregular Warfare, and the Right to Self-Defense Post-9/11, http://www.heinonline.org/HOL/Print?collection=journals26handle=hein.journals/ajil10526id=248 Other actors remained silent. When assessing the consequences of a particular act for the AND exercise effective territorial control in such situations cannot expect to escape military interventions.
Obama already utilizes an expansive interpretation of self defense for extra-AUMF threats
Anderson 13, Professor of Law ~02/07/13, Kenneth Anderson is professor of law at Washington College of Law, American University; a visiting fellow of the Hoover Institution and member of its Task Force on National Security and Law; and a non-resident senior fellow of the Brookings Institution, "The US Government Position on Imminence and Active Self-Defense", http://www.lawfareblog.com/2013/02/the-us-government-position-on-imminence-and-active-self-defense/~~
Imminence is about the assessment of a threat that one might conclude should be addressed AND active self-defense in the framing of the meaning of "imminence."
Barnes says squo makes the impact inevitable
Barnes, 12 —- J.D. at Boston University and M.A. in Law and Diplomacy at The Fletcher School of Law and Diplomacy at Tufts University (Spring 2012, Beau D., Military Law Review, "REAUTHORIZING THE "WAR ON TERROR": THE LEGAL AND POLICY IMPLICATIONS OF THE AUMF’S COMING OBSOLESCENCE," 211 Mil. L. Rev. 57)
Because of the proliferation of new terrorist groups with no ties to September 11, AND interpretations that sap American democracy and diminish U.S. national security.
Self defense authority used now in conjunction with the armed conflict justification—that’s worse for LOAC
Blank 12, Director of IHL Clinic ~2012, Laurie R. Blank is the Director, International Humanitarian Law Clinic, Emory Law School, "TARGETED STRIKES: THE CONSEQUENCES OF BLURRING THE ARMED CONFLICT AND SELF-DEFENSE JUSTIFICATIONS", WILLIAM MITCHELL LAW REVIEW, Vol. 38: 5 http://www.wmitchell.edu/lawreview/Volume38/documents/11.BlankFINAL.pdf~~
For the past several years, the United States has relied on both armed conflict AND going forward, and risks complicating or even weakening enforcement of the law.
2AC Politics DA
Controversy over the aff will expand but Obama won’t fight
Panda 3/12, Ankit Panda is Associate Editor of The Diplomat. He was previously a Research Specialist at Princeton University where he worked on international crisis diplomacy, international security, technology policy, and geopolitics , Time to Review the AUMF, http://thediplomat.com/2014/03/time-to-review-the-aumf/ The AUMF became a point of controversy among libertarians, non-interventionists, and AND . Expect this debate to expand as President Obama’s second term carries forward.
CIA fight makes link inevitable
Bolton, 3/11 (Alexander, 3/11/2014, "CIA fallout reaches Obama," http://thehill.com/homenews/senate/200524-obama-will-have-to-deal-with-the-fallout)) President Obama is caught in the middle of an increasingly bitter feud between the Central AND said Christopher Anders, senior legislative counsel with the American Civil Liberties Union.
The plan saves the agenda
Epps, 12/20 —- teaches courses in constitutional law and creative writing for law students at the University of Baltimore (12/20/2013, Garrett, "How Obama Can Save His Legacy by Reining In the Security State; The president can restore some flagging faith in the American project and shore up his own political fortunes," http://www.theatlantic.com/politics/archive/2013/12/how-obama-can-save-his-legacy-by-reining-in-the-security-state/282568/)) This is something for President Obama to ponder as he comes to the end of AND —and perhaps salvage what remains of his second term in the process.
Will be a lengthy process —- at least 3 months
Dilanian, 3/25 (Ken, 3/25/2014, "Obama’s NSA compromise plan wins initial praise; President Obama’s plan to end the sweeping collection of phone records while giving the NSA access to cellphone numbers faces a long legislative process. But many in Congress cheer the idea," http://www.latimes.com/nation/la-na-nsa-phone-records-20140326,0,6343193.story)) WASHINGTON — President Obama’s new plan for the National Security Agency would significantly curb its AND
It would not require court approval each time phone records are searched.
Everyone likes it —- no reason PC is key
Hattem, 3/27 (Julian, 3/27/2014, "Obama backs ending NSA collection," http://thehill.com/blogs/hillicon-valley/technology/201909-obama-offers-bill-to-end-nsa-collection)) Obama had called for a new path forward to the program by this Friday, when the existing court authority for the phone program was set to expire. Reports had emerged about details of the White House proposal in recent days. Based AND ) has also supported the president’s plan to end the bulk records collection.
No political capital
Galen, 3/17 —- press secretary to Dan Quayle and Newt Gingrich (Rich, 3/17/2014, "Obama Is Poisonous," http://www.realclearpolitics.com/articles/2014/03/17/obama_is_poisonous_121954.html)) President Obama has used up his political capital. The cupboard is bare. His AND excellent example of why the country has lost faith in the Obama Presidency.
1AR K
War turns structural violence Goldstein 1—Prof PoliSci @ American University, Joshua, War and Gender , P. 412 First, peace activists face a dilemma in thinking about causes of war and working AND on injustice as the main cause of war seems to be empirically inadequate.
Quality of life is skyrocketing worldwide by all measures Ridley, visiting professor at Cold Spring Harbor Laboratory, former science editor of The Economist, and award-winning science writer, 2010 (Matt, The Rational Optimist, pg. 13-15)
If my fictional family is not to your taste, perhaps you prefer statistics. AND was reduced more in the last fifty years than in the previous 500.
They cut the strawperson part of Lobel..awk
Lobel 7, Assistant Professor of Law ~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~ A critique of cooptation often takes an uneasy path. Critique has always been and AND constantly redefining the boundaries of legal reform and making visible law’s broad reach.
1AR DA
THEIR FOCUS LINK PROVES IT THUMPED
Samuelsohn, 3/23 (Darren, 3/23/2014, "Dianne Feinstein-CIA feud enters uncharted territory," http://www.politico.com/story/2014/03/dianne-feinstein-cia-feud-104927.html?hp=l1)) *Note —- former Rep. Pete Hoekstra, a Michigan Republican who chaired the House Intelligence Committee In the absence of answers of what happened, several intelligence veterans said the Feinstein AND your time fighting each other, you’re taking your eye off the ball."
New 1AC, AT Neolib K, AT Plenary Powers DA, AT Waivers CP, AT Deference DA, AT T - Ban
Tournament: Shirley | Round: 8 | Opponent: Northwestern MV | Judge: John Holland
1AC
1AC Plan
The United States federal judiciary should rule that individuals in military detention who have won their habeas corpus hearing cannot be detained.
1AC Judicial Globalism
Contention 1 is Judicial Globalism
Status quo rulings make habeas useless—the judiciary has allowed for too much deference
Milko 12 ~Winter, 2012, Jennifer L. Milko, "Separation of Powers and Guantanamo Detainees: Defining the Proper Roles of the Executive and Judiciary in Habeas Cases and the Need for Supreme Guidance", 50 Duq. L. Rev. 173~ A. Arguments for a Remedy By urging deference to the Executive Branch, the AND being improperly limited, as they are not utilizing their constitutional power properly.
Judicial remedy authority is the test case for judicial leadership on the rule of law globally—undermining habeas rights causes global democratic backsliding
TRANSNATIONAL JUDICIAL DIALOGUE CONFIRMS THIS COURT’S LEADERSHIP IN PROMOTING ADHERENCE TO RULE OF LAW IN AND promoting respect for rule of law in foreign states during times of conflict.
Absent the plan, transitional states will turn to authoritarianism—the perception of a strong judiciary on detention issues is key to global democracy
CJA 4, Center for Justice and Accountability ~2004, The Center for Justice 26 Accountability ("CJA") seeks, by use of the legal systems, to deter torture and other human rights abuses around the world., "BRIEF OF the CENTER FOR JUSTICE AND ACCOUNTABILITY, the INTERNATIONAL LEAGUE FOR HUMAN RIGHTS, and INDIVIDUAL ADVOCATES for the INDEPENDENCE of the JUDICIARY in EMERGING DEMOCRACIES as AMICI CURIAE IN SUPPORT OF PETITIONERS", http://www.cja.org/downloads/Al-Odah_Odah_v_US___Rasul_v_Bush_CJA_Amicus_SCOTUS.pdf~~ A STRONG, INDEPENDENT JUDICIARY IS ESSENTIAL TO THE PROTECTION OF INDIVIDUAL FREEDOMS AND THE ESTABLISHMENT OF STABLE GOVERNANCE IN EMERGING DEMOCRACIES AROUND THE WORLD. A. Individual Nations Have Accepted and Are Seeking to Implement Judicial Review By A Strong, Independent Judiciary. Many of the newly independent governments that have proliferated over the past five decades have adopted these ideals. They have emerged from a variety of less-than-free contexts, including the end of European colonial rule in the 1950’s and 1960’s, the end of the Cold War and the breakup of the former Soviet Union in the late 1980’s and 1990’s, the disintegration of Yugoslavia, and the continuing turmoil in parts of Africa, Latin America and southern Asia. Some countries have successfully transitioned to stable and democratic forms of government that protect individual freedoms and human rights by means of judicial review by a strong and independent judiciary. Others have suffered the rise of tyrannical and oppressive rulers who consolidated their hold on power in part by diminishing or abolishing the role of the judiciary. And still others hang in the balance, struggling against the onslaught of tyrants to establish stable, democratic governments. In their attempts to shed their tyrannical pasts and to ensure the protection of individual rights, emerging democracies have consistently looked to the United States and its Constitution in fashioning frameworks that safeguard the independence of their judiciaries. See Ran Hirschl, The Political Origins of Judicial Empowerment through Constitutionalization: Lessons from Four Constitutional Revolutions, 25 Law 26 Soc. Inquiry 91, 92 (2000) (stating that of the "~m~any countries . . . ~that~ have engaged in fundamental constitutional reform over the past three decades," nearly all adopted "a bill of rights and establishe~d~ some form of active judicial review") Establishing judicial review by a strong and independent judiciary is a critical step in stabilizing and protecting these new democracies. See Christopher M. Larkins, Judicial Independence and Democratization: A Theoretical and Conceptual Analysis, 44 Am. J. Comp. L. 605, 605-06 (1996) (describing the judicial branch as having "a uniquely important role" in transitional countries, not only to "mediate conflicts between political actors but also ~to~ prevent the arbitrary exercise of government power; see also Daniel C. Prefontaine and Joanne Lee, The Rule of Law and the Independence of the Judiciary, International Centre for Criminal Law Reform and Criminal Justice Policy (1998) ("There is increasing acknowledgment that an independent judiciary is the key to upholding the rule of law in a free society . . . . Most countries in transition from dictatorships and/or statist economies recognize the need to create a more stable system of governance, based on the rule of law."), available at http://www.icclr.law.ubc.ca/Publications/Reports/RuleofLaw. pdf (last visited Jan. 8, 2004). Although the precise form of government differs among countries, "they ultimately constitute variations within, not from, the American model of constitutionalism . . . ~a~ specific set of fundamental rights and liberties has the status of supreme law, is entrenched against amendment or repeal . . . and is enforced by an independent court . . . ." Stephen Gardbaum, The New Commonwealth Model of Constitutionalism, 49 Am. J. Comp. L. 707, 718 (2001). This phenomenon became most notable worldwide after World War II when certain countries, such as Germany, Italy, and Japan, embraced independent judiciaries following their bitter experiences under totalitarian regimes. See id. at 714- 15; see also United States v. Then, 56 F.3d 464, 469 (2d Cir. 1995) (Calabresi, J., concurring) ("Since World War II, many countries have adopted forms of judicial review, which — though different from ours in many particulars — unmistakably draw their origin and inspiration from American constitutional theory and practice. See generally Mauro Cappelletti, The Judicial Process in Comparative Perspective (Oxford: Clarendon Press, 1989)."). It is a trend that continues to this day. It bears mention that the United States has consistently affirmed and encouraged the establishment of independent judiciaries in emerging democracies. In September 2000, President Clinton observed that "~w~ithout the rule of law, elections simply offer a choice of dictators. . . . America’s experience should be put to use to advance the rule of law, where democracy’s roots are looking for room and strength to grow." Remarks at Georgetown University Law School, 36 Weekly Comp. Pres. Doc. 2218 (September 26, 2000), available at http://clinton6.nara.gov/2000/09/2000-09-26- remarks-by-president-at-georgetown-international-lawcenter.html. The United States acts on these principles in part through the assistance it provides to developing nations. For example, the United States requires that any country seeking assistance through the Millenium Challenge Account, a development assistance program instituted in 2002, must demonstrate, among other criteria, an "adherence to the rule of law." The White House noted that the rule of law is one of the "essential conditions for successful development" of these countries. See http://www.whitehouse.gov/infocus/developingnations (last visited Jan. 8, 2004).12 A few examples illustrate the influence of the United States model. On November 28, 1998, Albania adopted a new constitution, representing the culmination of eight years of democratic reform after the communist rule collapsed. In addition to protecting fundamental individual rights, the Albanian Constitution provides for an independent judiciary consisting of a Constitutional Court with final authority to determine the constitutional rights of individuals. Albanian Constitution, Article 125, Item 1 and Article 128; see also Darian Pavli, "A Brief ’Constitutional History’ of Albania" available at http://www.ipls.org/services/others/chist.html (last visited Janaury 8, 2004); Jean-Marie Henckaerts 26 Stefaan Van der Jeught, Human Rights Protection Under the New Constitutions of Central Europe, 20 Loy. L.A. Int’l 26 Comp. L.J. 475 (Mar. 1998). In South Africa, the new constitutional judiciary plays a similarly important role, following generations of an oppressive apartheid regime. South Africa adopted a new constitution in 1996. Constitution of the Republic of South Africa, Explanatory Memorandum. It establishes a Constitutional Court which "makes the final decision whether an Act of Parliament, a provincial Act or conduct of the President is constitutional." Id. at Chapter 8, Section 167, Item (5), available at http://www.polity.org.za/html/govdocs/constitution/saconst.html?r ebookmark=1 (last visited January 8, 2004); see also Justice Tholakele H. Madala, Rule Under Apartheid and the Fledgling Democracy in Post-Apartheid South Africa: The Role of the Judiciary, 26 N.C. J. Int’l L. 26 Com. Reg. 743 (Summer 2001). Afghanistan is perhaps the most recent example of a country struggling to develop a more democratic form of government. Adoption by the Loya Jirga of Afghanistan’s new constitution on January 4, 2004 has been hailed as a milestone. See http://www.cbsnews.com/stories/2004/01/02/world/main59111 6.shtml (Jan 7, 2004). The proposed constitution creates a judiciary that, at least on paper, is "an independent organ of the state," with a Supreme Court empowered to review the constitutionality of laws at the request of the Government and/or the Courts. Afghan Const. Art. 116, 121 (unofficial English translation), available at http://www.hazara.net/jirga/AfghanConstitution-Final.pdf (last visited January 8, 2004). See also Ron Synowitz, Afghanistan: Constitutional Commission Chairman Presents Karzai with Long-Delayed Draft Constitution (November 3, 2003), available at http://www.rferl.org/nca/features/2003/11/03112003164239.as p (last visited Jan. 8, 2004). B. Other Nations Have Curtailed Judicial Review During Times Of Crisis, Often Citing the United States’ Example, And Individual Freedoms Have Diminished As A Result. While much of the world is moving to adopt the institutions necessary to secure individual rights, many still regularly abuse these rights. One of the hallmarks of tyranny is the lack of a strong and independent judiciary. Not surprisingly, where countries make the sad transition to tyranny, one of the first victims is the judiciary. Many of the rulers that go down that road justify their actions on the basis of national security and the fight against terrorism, and, disturbingly, many claim to be modeling their actions on the United States. Again, a few examples illustrate this trend. In Peru, one of former President Alberto Fujimori’s first acts in seizing control was to assume direct executive control of the judiciary, claiming that it was justified by the threat of domestic terrorism. He then imprisoned thousands, refusing the right of the judiciary to intervene. International Commission of Jurists, Attacks on Justice 2000-Peru, August 13, 2001, available at http://www.icj.org/news.php3?id_article=258726lang=en (last visited Jan. 8, 2004). In Zimbabwe, President Mugabe’s rise to dictatorship has been punctuated by threats of violence to and the co-opting of the judiciary. He now enjoys virtually total control over Zimbabweans’ individual rights and the entire political system. R.W. Johnson, Mugabe’s Agents in Plot to Kill Opposition Chief, Sunday Times (London), June 10, 2001; International Commission of Jurists, Attacks on Justice 2002— Zimbabwe, August 27, 2002, available at http://www.icj.org/news.php3?id_article=269526lang=en (last visited Jan. 8, 2004). While Peru and Zimbabwe represent an extreme, the independence of the judiciary is under assault in less brazen ways in a variety of countries today. A highly troubling aspect of this trend is the fact that in many of these instances those perpetuating the assaults on the judiciary have pointed to the United States’ model to justify their actions. Indeed, many have specifically referenced the United States’ actions in detaining persons in Guantánamo Bay. For example, Rais Yatim, Malaysia’s "de facto law minister" explicitly relied on the detentions at Guantánamo to justify Malaysia’s detention of more than 70 suspected Islamic militants for over two years. Rais stated that Malyasia’s detentions were "just like the process in Guantánamo," adding, "I put the equation with Guantánamo just to make it graphic to you that this is not simply a Malaysian style of doing things." Sean Yoong, "Malaysia Slams Criticism of Security Law Allowing Detention Without Trial," Associated Press, September 9, 2003 (available from Westlaw at 9/9/03 APWIRES 09:34:00). Similarly, when responding to a United States Government human rights report that listed rights violations in Namibia, Namibia’s Information Permanent Secretary Mocks Shivute cited the Guantánamo Bay detentions, claiming that "the US government was the worst human rights violator in the world." BBC Monitoring, March 8, 2002, available at 2002 WL 15938703. Nor is this disturbing trend limited to these specific examples. At a recent conference held at the Carter Center in Atlanta, President Carter, specifically citing the Guantánamo Bay detentions, noted that the erosion of civil liberties in the United States has "given a blank check to nations who are inclined to violate human rights already." Doug Gross, "Carter: U.S. human rights missteps embolden foreign dictators," Associated Press Newswires, November 12, 2003 (available from Westlaw at 11/12/03 APWIRES 00:30:26). At the same conference, Professor Saad Ibrahim of the American University in Cairo (who was jailed for seven years after exposing fraud in the Egyptian election process) said, "Every dictator in the world is using what the United States has done under the Patriot Act . . . to justify their past violations of human rights and to declare a license to continue to violate human rights." Id. Likewise, Shehu Sani, president of the Kaduna, Nigeriabased Civil Rights Congress, wrote in the International Herald Tribune on September 15, 2003 that "~t~he insistence by the Bush administration on keeping Taliban and Al Quaeda captives in indefinite detention in Guantánamo Bay, Cuba, instead of in jails in the United States — and the White House’s preference for military tribunals over regular courts — helps create a free license for tyranny in Africa. It helps justify Egypt’s move to detain human rights campaigners as threats to national security, and does the same for similar measures by the governments of Ivory Coast, Cameroon and Burkina Faso." Available at http://www.iht.com/ihtsearch.php?id=10992726owner=(IHT)26dat e=20030121123259. In our uni-polar world, the United States obviously sets an important example on these issues. As reflected in the foundational documents of the United Nations and many other such agreements, the international community has consistently affirmed the value of an independent judiciary to the defense of universally recognized human rights. In the crucible of actual practice within nations, many have looked to the United States model when developing independent judiciaries with the ability to check executive power in the defense of individual rights. Yet others have justified abuses by reference to the conduct of the United States. Far more influential than the words of Montesquieu and Madison are the actions of the United States. This case starkly presents the question of which model this Court will set for the world. CONCLUSION Much of the world models itself after this country’s two hundred year old traditions — and still more on its day to day implementation and expression of those traditions. To say that a refusal to exercise jurisdiction in this case will have global implications is not mere rhetoric. Resting on this Court’s decision is not only the necessary role this Court has historically played in this country. Also at stake are the freedoms that many in emerging democracies around the globe seek to ensure for their peoples.
Liberal democracies ensure global peace
Kersch 6, Assistant Professor of Politics ~2006, Ken I. Kersch, Assistant Professor of Politics, Princeton University. B.A., Williams; J.D., Northwestern; Ph.D., Cornell. Thanks to the Social Philosophy and Policy Center at Bowling Green State University, where I was a visiting research scholar in the fall of 2005, and to the organizers of, and my fellow participants in, the Albany Law School Symposium, Albany Law School, "The Supreme Court and international relations theory.", http://www.thefreelibrary.com/The+Supreme+Court+and+international+relations+theory.-a0151714294~~ Liberal theories of international relations hold that international peace and prosperity are advanced to the AND . The liberal foreign policy outlook will thus fortify them against contemporary criticism.
Independently, US rule of law leadership on Kiyemba is key to judicial independence and stable democratization in Iraq
Scharf et al 9, PILPG Managing Director ~Professor Michael P. Scharf is the PILPG Managing Director, John Deaver Drinko — Baker 26 Hostetler Professor of Law and Director of the Frederick K. Cox International Law Center at the Case Western Reserve University School of Law, "BRIEF OF THE PUBLIC INTERNATIONAL LAW 26 POLICY GROUP AS AMICUS CURIAE IN SUPPORT OF PETITIONERS", www.americanbar.org/content/dam/aba/publishing/preview/publiced_preview_briefs_pdfs_09_10_08_1234_PetitionerAmCuPILPG.authcheckdam.pdf-http://www.americanbar.org/content/dam/aba/publishing/preview/publiced_preview_briefs_pdfs_09_10_08_1234_PetitionerAmCuPILPG.authcheckdam.pdf~~ As the foregoing examples illustrate, foreign governments rely on the precedent set by the AND upholds the rule of law, foreign judges are more likely to follow.
Data proves Iraqi civil war is inevitable—only strong systems of governance can stabilize the country
Cordesman and Khazai 9/9, Arleigh Burke Chair in Strategy at CSIS ~09/09/13, Anthony H. Cordesman holds the Arleigh A. Burke Chair in Strategy at CSIS, and Sam Khazai is an Associate at CSIS "Violence in Iraq: The Growing Risk of Serious Civil Conflict", https://csis.org/files/publication/120718_Iraq_US_Withdrawal_Search_SecStab.pdf~~ Iraq is a nation with great potential and its political divisions and ongoing low- AND failures may cause a new major civil war or even divide the country.
Strengthened judicial independence is key to solve that – addresses alt causes
Pimental and Anderson 13, Associate and Assistant Professors of Law ~June 2013, David Pimentel is Visiting Associate Professor of Law, Ohio Northern University; Brian Anderson is a Reference Librarian and Assistant Professor, also at Ohio Northern University, "Judicial Independence in Post-Conflict Iraq: Establishing the Rule of Law in an Islamic Constitutional Democracy", http://works.bepress.com/cgi/viewcontent.cgi?article=101326context=david_pimentel~~ Contemporary Iraq is facing the full range of challenges that come with post-conflict AND vigilante score-settling that signals the breakdown of the Rule of Law.
Global nuclear war
Morgan 7 (Former member of the British Labour Party Executive Committee, 3/4, "Better another Taliban Afghanistan, than a Taliban NUCLEAR Pakistan21?" http://www.electricarticles.com/display.aspx?id=639) The nightmare that is now Iraq would take on gothic proportions across the continent. AND in a new Cold War with China and Russia pitted against the US.
1AC Legitimacy
Contention 1 is Legitimacy
The inability to order release of detainees undermines US moral high ground and breeds resentment—viewed as critical to habeas issues
Metcalf 09, Director of Arthur Liman Public Interest Program and Law Professor ~December 2009, Hope Metcalf is Director of the Arthur Liman Public Interest Program and teaches a clinic on prisoners’ rights in the United States. She formerly directed the National Litigation Project of the Allard K. Lowenstein International Human Rights Clinic, which was founded in 2002 to respond to infringements on civil liberties and human rights arising out of U.S. counterterrorism policy, "BRIEF OF INTERNATIONAL LAW EXPERTS AS AMICI CURIAE IN SUPPORT OF PETITIONERS", http://www.law.yale.edu/documents/pdf/cglc/Kiyamba_v_Obama_brief.pdf~~ Since the mid-1970s, the United States has compiled annual reports on the AND it has long sought to encourage the rest of the world to follow.
Perception of habeas rights is key to US soft power—court action is key
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=100326context=nslb~~ The "Great Wall" The writ of habeas corpus enables an individual to challenge AND unique and modern circumstances of the post-9/11 con? ict.
Legitimacy key to make US leadership durable and effective—only judicial action solves
Knowles 9 ~Spring, 2009, Robert Knowles is a Acting Assistant Professor, New York University School of Law, "American Hegemony and the Foreign Affairs Constitution", ARIZONA STATE LAW JOURNAL, 41 Ariz. St. L.J. 87~
American unipolarity has created a challenge for realists. Unipolarity was thought to be inherently AND the same project that the courts constantly grapple with in adjudicating domestic disputes.
US benevolent leadership key to global peace—the alternative is major power wars that escalate
Kromah 9, Masters Student in IR ~February 2009, Lamii Moivi Kromah at the Department of International Relations University of the Witwatersrand, "The Institutional Nature of U.S. Hegemony: Post 9/11", http://wiredspace.wits.ac.za/bitstream/handle/10539/7301/MARR2009.pdf?sequence=1~~ A final major gain to the United States from the benevolent hegemony has perhaps been AND to facilitate its ability to extract contributions from other members of the system.
Judicial action creating a meaningful right to habeas is uniquely key to restore US legitimacy—comparatively more important than executive flexibility
Knowles 9 ~Spring, 2009, Robert Knowles is a Acting Assistant Professor, New York University School of Law, "American Hegemony and the Foreign Affairs Constitution", ARIZONA STATE LAW JOURNAL, 41 Ariz. St. L.J. 87~ The Bush Administration’s detainee policy made clear that - due to America’s power - the AND nations. The hegemonic model also reduces the need for executive branch flexibility,
and the institutional competence terrain shifts toward the courts. The stability of the current AND the U.S. breaks its own rules, it loses legitimacy.
The Supreme Court’s response to the detainee policy enabled the U.S. government AND assumptions about courts’ legitimacy in foreign affairs have been turned on their head.
In an anarchic world, legitimacy derives largely from brute force. The courts AND n443 Acts having a basis in law are almost universally regarded as more legitimate
than merely political acts. Most foreign policy experts believe that the Bush Administration’s detention AND and reinforces the sense that our constitutional values reflect universal human rights. n449
Statistical evidence shows US policy towards indefinite detention is both necessary and sufficient
Welsh 11, J.D. from University of Utah and Doctoral student ~March, 2011, David Welsh has a J.D. from the University of Utah. He is currently a doctoral student in the Eller School of Business at the University of Arizona where his research focuses on organizational fairness and ethics, "Procedural Justice Post-9/11: The Effects of Procedurally Unfair Treatment of Detainees on Perceptions of Global Legitimacy", 9 U.N.H. L. Rev. 261~ Today, many individuals throughout the world question whether the United States has engaged in AND with the unique procedural issues created by a growing number of suspected terrorists.
AT No Modeling
The aff is modeled—
a. The War on Terror—other countries are uniquely looking to US judicial developments on habeas and detention issues now to determine the direction the question of rule of law during times of conflict—that’s Scharf—independently, counterterrorism and detention justifies runaway executive authority—that’s CJA
b. Transnational Judicial Dialogue—international conferences, citing of foreign courts, and the development of legal scholarship on detention issues is occurring now—affirming court leadership on rule of law enables the US to shape rule of law—that’s Scharf
2AC Ban T
We meet—indefinite detention with a right to habeas corpus isn’t indefinite detention
Restriction includes a limitation
STATE OF ARIZONA, Appellee, v. JEREMY RAY WAGNER, April 10, 2008, Filed, Appellant., 1 CA-CR 06-0167, 2008 Ariz. App. Unpub. LEXIS 613, opinion by Judge G. MURRAY SNOW
P10 The term "restriction" is not defined by the Legislature for the purposes AND natural and obvious meaning, which may be discerned from its dictionary definition."). P11 The dictionary definition of "restriction" is "~a~ limitation or qualification AND dictate that the term "restriction" includes the ignition interlock device limitation.
C/I—War powers authority of indefinite detention is keeping people without being charges filed—the aff means he can no longer do that for a CATEGORY OF PEOPLE
The Committee on Federal Courts 4 ~2004, The Committee on Federal Courts, "THE INDEFINITE DETENTION OF "ENEMY COMBATANTS": BALANCING DUE PROCESS AND NATIONAL SECURITY IN THE CONTEXT OF THE WAR ON TERROR *", 59 The Record 41, The Record of The Association of The Bar of the City of New York~
The President, assertedly acting under his "war power" in prosecuting the "war on terror," has claimed the authority to detain indefinitely, and without access to counsel, persons he designates as "enemy combatants," an as yet undefined term that embraces selected suspected terrorists or their accomplices. Two cases, each addressing a habeas corpus petition brought by an American citizen, have reviewed the constitutionality of detaining "enemy combatants" pursuant to the President’s determination: - Hamdi v. Rumsfeld, 316 F.3d 450 (4th Cir. 2003), cert. granted, 124 S. Ct. 981 (Jan. 9, 2004) (No. 03-6696), concerns a citizen seized with Taliban military forces in a zone of armed combat in Afghanistan; - Padilla ex. rel. Newman v. Bush, 233 F. Supp. 2d 564 (S.D.N.Y. 2002), rev’d sub nom., Padilla ex. rel. Newman v. Rumsfeld, 352 F.3d 695 (2d Cir. 2003), cert. granted, 124 S. Ct. 1353 (Feb. 20, ~*42~ 2004) (No. 03-1027), concerns a citizen seized in Chicago, and suspected of planning a terrorist attack in league with al Qaeda. Padilla and Hamdi have been held by the Department of Defense, without any access AND , § 2), to detain persons he classifies as "enemy combatants": - indefinitely, for the duration of the "war on terror"; - without any charges being filed, and thus not triggering any rights attaching to criminal prosecutions; - incommunicado from the outside world; - specifically, with no right of access to an attorney; - with only limited access to the federal courts on habeas corpus, and with no right to rebut the government’s showing that the detainee is an enemy combatant.
Their interpretation overlimits to only one aff in each topic area—aff flex ensures innovative topics encouraging research skills and in depth discussions
Our interpretation is more precise by citing a court case—that means our limit is predictable and better reflects the topic
Default to reasonability—competing interpretations leads to a race to limit out affs at the expense of substance—affs need to know they’re topical
ID
no defined duration==== Ulysses S. Smith - Winter, 2007, Candidate for J.D., Cornell Law School, 2007, "More Ours than Theirs" n1: The Uighurs, Indefinite Detention, and the Constitution, 40 Cornell Int’l L.J. 265, LexisNexis The Court has found indefinite detention, a deprivation of liberty with no defined scope AND to the battlefield - can no longer be met, detention must cease.
2AC
2AC CP
Multiple condo is a voting issue—aff can’t read their best offense because the neg can just kick their argument and can cross-apply offense, kills competitive equity—they can advocate contradictory positions, kills education and advocacy skills—one condo solves their offense—if they win condo is good we should get to advocate perms
Status quo relocation offers are not a meaningful remedy in practice even if it is in theory
Vaughn and Williams, Professors of Law, 13 ~2013, Katherine L. Vaughns B.A. (Political Science), J.D., University of California at Berkeley. Professor of Law, University of Maryland Francis King Carey School of Law, and Heather L. Williams, B.A. (French), B.A. (Political Science), University of Rochester, J.D., cum laude, University of Maryland Francis King Carey School of Law, "OF CIVIL WRONGS AND RIGHTS: 1 KIYEMBA V. OBAMA AND THE MEANING OF FREEDOM, SEPARATION OF POWERS, AND THE RULE OF LAW TEN YEARS AFTER 9/11", Asian American Law Journal, Vol. 20, 2013, http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2148404~~
Petitioners’ reasons for rejecting available relocation offers are varied, but not without cause. AND could be resettled in an established Uighur community in the United States.71
The aff only forces detainees to be released but allows executive discretion to how that occurs—this maintain habeas but avoids their immigration DAs
Roberts 9, Visiting Professor of Law ~August 2009, Caprice L. Roberts is a Visiting Professor of Law, The Catholic University of America; Professor of Law, West Virginia University, "Rights, Remedies, 26 Habeas Corpus — The Uighurs, Legally Free but Actually Imprisoned", http://works.bepress.com/caprice_roberts/2/~~
The nature of the Uighurs’ status, however, should save them from this dismal AND court should exercise jurisdiction, check the government’s abuse, and order release.
Plenary Powers DA
2AC N/U
Plenary powers authority over detention issue is a myth—immigration authority is under congress in the status quo and has been disproven for centuries
The core theory of the Kiyemba panel majority was that detention power could be located AND notion of plenary power over immigration, which received no mention at all.
2AC No Impact/Case O/W
Democracy solves the impact and exec flex isn’t key—their impact assumes cold war era fears
Spiro 2, Professor at Hofstra Law School ~Winter 2002, Peter J. Spiro is a Professor, Hofstra Law School, "Explaining the End of Plenary Power", 16 Geo. Immigr. L.J. 339~
Building on those two girders, one can describe how plenary power was generated by AND obstacle to review, as it almost surely would have in the past.
2AC No Link—Not Immigration
There’s no link—the aff only mandates that they detention is over, their evidence assumes forced release into the US—if their UQ is true, the Judiciary will craft the decision to avoid plenary powers
The aff doesn’t undermine immigration authority—they aren’t seeking admission and parole power maintains plenary powers
NIJC et al 9 ~December 11, 2009, NATIONAL IMMIGRANT JUSTICE CENTER, AMERICAN IMMIGRATION LAWYERS ~5~ ASSOCIA-TION, ADVOCATES FOR HUMAN RIGHTS, NORTHWEST IMMIGRANT RIGHTS PROJECT, CENTRAL AMERICAN RESOURCE CENTER, IMMIGRANT LAW CENTER OF MINNESOTA, THE FLORENCE IMMI-GRANT AND REFUGEE RIGHTS PROJECT, AND PENNSYLVANIA IMMIGRATION RESOURCE CENTER, "ON WRIT OF CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA CIRCUIT.", 2008 U.S. Briefs 1234; 2009 U.S. S. Ct. Briefs LEXIS 1537~ First, for purposes of immigration law, it is significant that the Uighurs did not come within the jurisdiction of the United States voluntarily. Immigration law, at its base, is about the admission or expulsion of non-citizens from the jurisdiction of the United States. The petitioners here are not seeking admission to the United States and, moreover, the term "admission" is a statutorily defined term. 8 U.S.C. § 1101(a)(13)(A). The petitioners were captured by bounty hunters in Pakistan, ransomed to the U.S. military, and imprisoned for almost seven years in territory dominated by and under the indefinite control of the United States. Pet. App. 41a; J.A. 28a-29a, 33a-34a, 164a-166a. The Govern-ment transported the Uighurs to a territory that "while technically not part of the United ~10~ States, is under the complete and total control" of the United States Government. Boumediene v. Bush, 128 S. Ct. 2229, 2262 (2008). Because the Uighur prisoners have unwillingly found themselves in the jurisdiction of the United States, see id. at 2261; Rasul v. Bush, 542 U.S. 466, 480 (2004), they would not immediately fall within the purview of immigration law as non-citizens seeking admission merely because they are released into the United States under the habeas power. United States v. Brown, 148 F. Supp. 2d 191, 198 (E.D.N.Y. ~*6~ 2001), abrogated on other grounds by United States v. Garcia Jurado, 281 F. Supp. 2d 498 (E.D.N.Y. 2003); Matter of Badalamenti, 19 I. 26 N. Dec. 623, 627 (BIA 1988); see also Matter of Yam, 16 I. 26 N. Dec. 535, 536—37 (BIA 1978) ("~a~n alien does not effect an entry into the United States unless, while free from actual or constructive restraint, he crosses into the territory of the United States;" where non-citizen had not entered the United States voluntarily, the "immigration judge was without jurisdiction to de-termine the ~11~ issue of deportability"). The decision in Sale v. Haitian Centers Council, Inc., 509 U.S. 155 (1993), superseded in part by statute, Illegal Immigration Reform and Immigrant Responsibility Act of 1998, Pub. L. No. 104-208, 110 Stat. 3009, does not address the situation of the petitioners. Opp. to Cert. at 19. The migrants in Sale were arguing for statutory rights while inter-cepted on the high seas, not while at Guantanamo Bay, and were desperately and voluntarily trying to enter the United States to seek asylum protection when they were diverted. See Sale, 509 U.S. at 162—63. Because Sale addresses non-citizens willingly seeking to enter the United States, it has nothing to say about non-citizens involuntarily brought to the United States. The Board’s decision in Matter of Badalamenti is the sole relevant authority on this particular legal and policy point. The Uighurs’ habeas petition did not request admission, nor did the District Court purport to order that remedy. The District Court did not order the Government to "admit" or "parole" the Uighurs as those terms are used in immigration law, and it ~*7~ expressed ~12~ no opinion on the eventual application of the immigration laws to the Uighurs. Nor did the District Court make a determination regarding the immigration status of the Uighurs. It did not prohibit the institution of removal proceedings at any point, and it made no final orders regarding when, or under what conditions, the Uighur detainees could be brought into DHS custody. Opinion 10-17, J.A. 1609-16. Rather, the District Court exer-cised its authority in habeas corpus proceedings. Opinion 10-17, Pet. App. 57a-59a. Thus, rather than impermissibly intruding on the power of the Executive, the District Court’s order maintained the status quo of the Uighurs’ immigration status. Second, the concept of the geographic United States — while relevant at a basic level of analysis in immigration law — is, in this situation, a distraction. The Government relies heavily on the notion that the District Court’s Order would blur what it describes as "the previously clear distinction between aliens outside the United States and aliens inside this country or at its borders." Opp. to Cert. at 22. While the physical location of the non-citizen may have carried a broader significance at some point in ~13~ the historical development of our nation’s immigration laws, today it is clearly only significant to the basic questions of immigration law — none of which are implicated here. Geographic location has not been a determinative feature under immigration law for some time. Notably, the "entry fiction," Rosales-Garcia v. Holland, 322 F.3d 386, 391 n.2 (6th Cir. 2003), superseded in part by statute, Illegal Immigration Reform and Immi-grant Responsibility Act of 1998, Pub. L. No. 104-208, 110 Stat. 3009, ~*8~ explains that a non-citizen may be physically within the geographic borders, but not "within the United States" for purposes of immigration law. See Leng May Ma v. Barber, 357 U.S. 185, 186 (1958) (holding that a non-citizen who was paroled within the geographic bound-aries of the United States was not "in the United States" for purposes of immigration law). Conversely, Congress has acted to expand the power of admissibility review to non-citizens located beyond the geographic United States. In 1996, Congress created an extra-territorial power to make admissibility determinations. Under 8 U.S.C. § 1225a ~14~ , an immigration officer may engage in the most basic immigration function of determining admissibility at any one of several pre-inspection stations located outside the country. See U.S. Customs and Border Protection, Border Patrol Sectors, http://www.cbp.gov/xp/cgov/border_security/border_patrol/border_patrol_sectors (listing various reinspection stations) (last visited Dec. 9, 2009). Section 8 U.S.C. § 1225(a)(3)(C) authorizes removal proceedings even when a non-citizen resides abroad. The definition of what it means to be "admitted" to the United States turns not on geogra-phy, but on legality. 8 U.S.C. § 1101(a)(13)(A); Title VII of the Consolidated Natural Resources Act of 2008 ("CNRA"), Pub. L. No. 110-229, § 702(a), 122 Stat. 754, 853 (2008) (providing that U.S. immigration laws will apply to the Com-monwealth of the Northern Mariana Islands beginning November 28, 2009); see also Electronic System for Travel Authorization, https://esta.cbp.dhs.gov/esta/esta.html (pushing admissibility review to the home of the non-citizen by means of the Internet) (last visited Dec. 9, 2009). ~*9~ Third, Congress has provided ~15~ a statutory tool to maintain the status quo on the petitioners’ immigration question even if their release from unlawful custody is required. Thus, the Government’s argument posits a false hypo-thetical when it asks whether Judge Urbina’s order was inside or outside the immigration law framework. The habeas power and the immigration power are not in competition. This Court has made clear that federal courts have the authority to order the release of non-citizens from deten-tion into the United States — including non-citizens inadmissible under the immigration laws. See Boumediene, 128 S. Ct. 2229; Clark v. Martinez, 543 U.S. 371 (2005). Under the Court’s rulings in both Martinez and Boumediene, federal courts have the authority in habeas corpus proceedings to order the release from detention of inadmissible non-citizens if that is what is required to give effect to a statutory or constitutional prohibition on non-lawful detention. n2 n2 The Government seeks to distinguish Martinez by asserting that it applied a provision of the immigration laws that is not at issue in this case. But the relevance of Martinez lies in its holding that an individual’s lack of immigration status cannot supply indefinite detention authority to the Government. Martinez followed the simple principle that when the Government lacks a con-tinued statutory basis for detaining someone, even an inadmissible non-citizen, it must release them. The Court having already interpreted the statute to provide no authority to detain, see Zadvydas v. Davis, 533 U.S. 678, 699 (2001), the presence or ab-sence of a statutory "status" which could be applied to a non-citizen upon release was not relevant to the appropriate remedy. ~16~ ~*10~ However the Government may choose to effectuate a valid habeas release order, the immigration statute serves to implement the lawful order, not to obstruct it. 8 U.S.C. § 1182(d)(5)(A). Section 1182(d)(5)(A) authorizes the physical transfer or entry of a person into the United States while maintaining the immigration status quo. A "parole" under that section would not effect an admission of the Uighurs into the United States, 8 U.S.C. § 1182(d)(5)(A) ("~S~uch parole of such alien shall not be regarded as an admission of the alien . . . ."), create any substantive rights they do not already possess, or favor them under the immigration statute in any meaningful way. An individual who is pa-roled may be detained, deported, granted admission, or authorized to stay, among other results. With the creation of the parole power, Congress meant to eliminate the conflict that the Government asserts exists. It is a common sense statute created by Congress for the precise purpose presented here: when a human being must come into the United States but the immigration question is still one to be reserved, he may be paroled. Thus, the question ~17~ of admissibility is not properly before the judicial branch at this time; and, further-more, the statutory process under 8 U.S.C. § 1229a would likely resolve any disputes which arose. In the meantime, granting habeas release into the United States does not upend the immigration apple-cart. Were the Government to parole the petitioners into the United States, the Government would retain every power under the Immigration and Na-tionality Act that it holds now. See Leng May Ma, 357 U.S. at 190, superseded in part by statute, Illegal Immigration Reform and Immigrant Responsibility ~*11~ Act of 1996, Pub. L. No. 104-208, 110 Stat. 3009 ("The parole of al-iens seeking admission is simply a device through which needless confinement is avoided while administrative pro-ceedings are conducted. It was never intended to affect an alien’s status."); Kaplan v. Tod, 267 U.S. 228, 229—30 (1925) (inadmissible alien paroled into the United States for over ten years held not to have made "entry" under immi-gration law). Accordingly, the Uighurs’ § 1182 admissibility is irrelevant to the determination of whether they could ~18~ be released into the United States under habeas corpus.
2AC No Spillover
Have a high threshold for their impact evidence—ending plenary power doesn’t end all power to regulate immigration
Motomura 92, Professor of Law ~November 1992, Hiroshi Motomura is a professor of law at the University of Colorado School of Law, "The Curious Evolution of Immigration Law: Procedural Surrogates for Substantive Constitutional Rights", Columbia Law Review, Vol. 92, No. 7, Nov., 1992~
Although extending substantive constitutional rights to aliens would spell the end of the plenary power AND rules and language that they use among themselves to answer important public questions.
2AC Phanton Norm T/
The plenary powers doctrine results in phantom norm decisions that effectively undermine political immigration authority and lead to more intrusive judicial action in areas where it’s actually not critical—star this argument
Motomura 90, Associate Professor of Law ~Hiroshi Motomura is an Associate Professor of Law at the University of Colorado School of Law, "Immigration Law After a Century of Plenary power," Yale Law Journal, December, 100 Yale L.J. 545~
Apart from awkwardness or unpredictability, subconstitutional phantom norm decisions, once established in response AND isolation of a different character-from the mainstream of our public law.
DA
2AC N/U—Lawsuits
Judicial intervention into detention is inevitable – a wave of lawsuits is on the way
Chesney 13, Law Prof at UT (November, Robert, BEYOND THE BATTLEFIELD, BEYOND AL QAEDA: THE DESTABILIZING LEGAL ARCHITECTURE OF COUNTERTERRORISM, 112 Mich. L. Rev. 163) The government will not be able to simply ride out the legal friction generated by AND challenge could lead a judge to weigh in on the organizational boundary question.
ritik
2AC Framework
Framework—the primary purpose of debate should be to improve our skills as decisionmakers through a discussion of public policy
Decisionmaking skills are necessary to decide between individual courses of action that affect us on a daily basis—flexing our muscles in the high-stakes games of public policymaking is necessary to make those individual decisions easier
The neg must connect their alternative to policy concerns and institutional practices—absent these questions shifts in knowledge production are useless – governments’ obey institutional logics that exist independently of individuals and constrain decisionmaking
Wight – Professor of IR @ University of Sydney – 6 (Colin, Agents, Structures and International Relations: Politics as Ontology, pgs. 48-50
One important aspect of this relational ontology is that these relations constitute our identity as AND upon it, upon its specific characteristics, its constants and its variables’.
Neolib solves war and 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.
Liberal democracy promotion is delinked with neoliberalism
Tournament: Harvard | Round: 5 | Opponent: NU KM | Judge: The United States federal judiciary should rule that individuals in military detention who have won their habeas corpus hearing cannot be detained.
10/27/13
Risk Aff Plan Text - Pitt RR
Tournament: Pitt RR | Round: 6 | Opponent: Kentucky | Judge: Warden The United States federal government should apply burdens of proof and presumptions regarding evidence in habeas corpus hearings that favor individuals in military detention.
1/30/14
Risk Aff Plan Text - Pitt RR
Tournament: Pitt RR | Round: 6 | Opponent: Kentucky | Judge: Warden The United States federal government should apply burdens of proof and presumptions regarding evidence in habeas corpus hearings that favor individuals in military detention.
2/3/14
Risk Aff Plan Text - Pitt RR
Tournament: Pitt RR | Round: 6 | Opponent: Kentucky | Judge: Warden The United States federal government should apply burdens of proof and presumptions regarding evidence in habeas corpus hearings that favor individuals in military detention.
post-Boumediene lower court decisions that authorize lower evidentiary standards have made habeas useless
Ajuha and Tutt 12, Staff Member of Foreign Affairs Committee and Visiting Fellow ~Fall, 2012, Jasmeet K. Ahuja is a Professional Staff Member for AND Effects and Consequences", 31 Yale L. 26 Pol’y Rev. 185~
Beginning in 2001, the United States began transporting hundreds of persons captured overseas in AND Boumediene, granting executive detention at Guantánamo Bay judicial sanction without judicial scrutiny.
Statistics show this has effectively negated any review process for detention—the government can now prove any person, guilty or not, is an enemy combatant
Denbeaux et al. 12, Professor of Law ~05/01/12, Mark Denbeaux Professor, Seton Hall University School of Law Director, Seton Hall Law Center for Policy and Research Counsel for Guantanamo Detainees; Jonathan Hafetz Associate Professor, Seton Hall University School of Law Co-?Director, Seton Hall Law Transnational Justice Project; Sara Ben-?David, Nicholas Stratton, 26 Lauren Winchester Co-?Authors 26 Research Fellows; Bahadir Ekiz; Christopher Fox; Erin Hendrix; Chrystal Loyer; Philip Taylor; Edward Dabek; Sean Kennedy; Edward Kerins; Eric Miller; Emma Mintz; Kelly Ross; Kelly Ann Taddonio; Richard Tracy Contributors 26 Research Fellows; James Froehlich; Ryan Gallagher; Paul Juzdan; Adam Kirchner; Matt Miller; Lucas Morgan; Rachel Simon; Jason Stern; Kurt Watkins; Joshua Wirtshafter Research Fellows, "NO HEARING HABEAS: D.C. CIRCUIT RESTRICTS MEANINGFUL REVIEW", http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2145554~~
It is an open secret that Boumediene v. Bush’s promise of robust review of AND habeas cases to reveal the actual pattern of district court fact-finding.
The denial of habeas to innocent people represents a unique form of cruel and unusual punishment
slow down on this card if possible (like if its possible to physically go slower) Eisenberg 9 ~Spring 2009, Stewart "Buz" Eisenberg is Of Counsel to Weinberg 26 Garber, P.C. of Northampton, MA, serves as President of the International Justice Network, and is a Professor of Civil Liberties at Greenfield Community College. Since 2004 he has provided direct representation to four Guantánamo detainees., "Guantánamo Bay: Redefining Cruel and Unusual", NORTHEASTERN UNIVERSITY LAW JOURNAL Vol. 1 No. 1, http://nulj.org/journal/NULJ_v1n1_Eisenberg.pdf~~
Representing Guantánamo detainee Mohammed Abd Al Al Qadir (Guantánamo Internee Security Number 284) AND their stories reveal the government’s actions at Guantánamo, redefining cruel and unusual.
These decisions reflect a post 9-11 heuristic of deference to the executive and acceptance of its claims of imminent threat based on irrational fears
Cover 13, Assistant Professor and Associate Director of the Institute for Global Security Law ~02/25/2013, Avidan Cover is an Assistant Professor; Associate Director, Institute for Global Security Law and Policy, "PRESUMED IMMINENCE: JUDICIAL RISK ASSESSMENT IN THE POST-9/11 WORLD" works.bepress.com/avidan_cover/3/?~
It is difficult to determine the risk of a terrorist attack. The government always AND , but should instead candidly disclose their uncertainty and anxiety over terrorism threats.
This causes ineffective risk analysis that produces bad decisionmaking and mass racial discrimination—aff solves
Cover 13, Assistant Professor and Associate Director of the Institute for Global Security Law ~02/25/2013, Avidan Cover is an Assistant Professor; Associate Director, Institute for Global Security Law and Policy, "PRESUMED IMMINENCE: JUDICIAL RISK ASSESSMENT IN THE POST-9/11 WORLD" works.bepress.com/avidan_cover/3/?~
This section examines how courts often neglect probability in undertaking risk assessments. This cognitive AND System 2 to reduce evidentiary requirements for government action intended to prevent terrorism.
Specifically, deference to the national security executive is co-constitutive with legal sanctioning of racism
These trials permit these beliefs Joo 2, Professor of Law ~Fall, 2002; Thomas W. Joo, Professor, University of California, Davis, School of Law (King Hall), "PRESUMED DISLOYAL: EXECUTIVE POWER, JUDICIAL DEFERENCE, AND THE CONSTRUCTION OF RACE BEFORE AND AFTER SEPTEMBER 11", 34 Colum. Human Rights L. Rev. 1~
Because of its peculiar position as the official voice of society, law plays an AND "war against terrorism" shows the same forces at work once again.
Race and executive power are inevitably intertwined—war on terror presents a key opportunity for a judicial challenge – aff solves
Joo 2, Professor of Law ~Fall, 2002; Thomas W. Joo, Professor, University of California, Davis, School of Law (King Hall), "PRESUMED DISLOYAL: EXECUTIVE POWER, JUDICIAL DEFERENCE, AND THE CONSTRUCTION OF RACE BEFORE AND AFTER SEPTEMBER 11", 34 Colum. Human Rights L. Rev. 1~
It is far from clear that the racially unbalanced compromises in civil liberties in the AND such developments and their potential for lasting negative effects on law and democracy.
Applying standardized burdens of proof solves deference and cognitive errors in judicial decisionmaking
Cover 13, Assistant Professor and Associate Director of the Institute for Global Security Law ~02/25/2013, Avidan Cover is an Assistant Professor; Associate Director, Institute for Global Security Law and Policy, "PRESUMED IMMINENCE: JUDICIAL RISK ASSESSMENT IN THE POST-9/11 WORLD" works.bepress.com/avidan_cover/3/?~
This section proposes a way forward in which judicial review is less deferential to the AND standard is more likely to feed biases, neglecting probability and presuming imminence.
1AC Risk Analysis
The dominance of "any risk logic" that pervades judicial decision-making is a direct parallel to the debate community—instead of "possibilistic thinking," we believe "probabilistic thinking" should be the frame for the debate
Possibilistic Thinking impedes skills development—the critical thinking skills that debate teaches become useless outside of the activity because we can only use them to think in terms of extremes that don’t reflect reality—as a result, debaters become incapable of effectuating change
Possibilistic thinking makes effective decision making impossible—don’t assume every part of their DA is true – instead you should have inherent skepticism
Schneier 10, Fellow at Harvard Law School ~05/12/10, Bruce Schneier is a fellow at the Berkman Center for Internet 26 Society at Harvard Law School and a program fellow at the New America Foundation’s Open Technology Institute, He is an an internationally renowned security technologist, called a "security guru" by The Economist. He is the author of 12 books — including Liars and Outliers: Enabling the Trust Society Needs to Thrive — as well as hundreds of articles, essays, and academic papers. His influential newsletter "Crypto-Gram" and his blog "Schneier on Security" are read by over 250,000 people. He has testified before Congress, is a frequent guest on television and radio, has served on several government committees, and is regularly quoted in the press. Schneier is a fellow at the Berkman Center for Internet and Society at Harvard Law School, a program fellow at the New America Foundation’s Open Technology Institute, a board member of the Electronic Frontier Foundation, an Advisory Board Member of the Electronic Privacy Information Center, and the Chief Technology Officer at Co3 Systems, Inc. He has a Ph. D. from the University of Westminster by the Department of Electronics and Computer Science, "Worst-case thinking makes us nuts, not safe", http://www.cnn.com/2010/OPINION/05/12/schneier.worst.case.thinking/~~ we do not endorse this author’s intent of ableist language and apologize for it, we have left it intact to preserve the article’s completeness
(CNN) — At a security conference recently, the moderator asked the panel AND don’t need to refute counterarguments, there’s no point in listening to them.
If we win indicts to the meta-structure of their arguments, it precedes individual risk assessments—effective decisionmaking is impossible in the mindset of possibilistic thinking
Furedi 9, Professor of Sociology ~2009, Frank Furedi is a professor of Sociology, School of Social Policy, Sociology, Social Research, The University of Kent, Canterbury, "PRECAUTIONARY CULTURE AND THE RISE OF POSSIBILISTIC RISK ASSESSMENT", Erasmus Law Review Volume 2 Issue 2~
The emergence of a speculative approach towards risk is paralleled by the growing influence of AND terrorism is overwhelmed by the alarmist narrative of a worse-case scenario.
This additionally hurts solutions to systemic harms—cognitive biases make us focus on one-shot impacts we can supposedly solve, ignoring structural issues like racism
Glassner 99, President of Lewis and Clark and Former Professor of Sociology ~1999, Barry Glassner is the president of Lewis 26 Clark College and was formerly professor of sociology and executive vice provost at the University of Southern California, which honored him in 2002 with its highest research award, "THE CULTURE OF FEAR Why Americans Are Afraid of the Wrong Things", available on enbookfi~
One of my initial hypotheses about why pseudodangers receive so much attention was that they AND drivers who have abandoned civil roadway behavior" (Philadelphia Daily News).17
There are two impacts to this shift towards low probability high magnitude impacts
First—skills development—the critical thinking and reasoning skills that debate teaches become useless outside of the activity because we can only use them to think in terms of extremes and through risk heuristics that don’t reflect actual assessments of different impacts—we become incapable of using the skills we get to productive ends because we don’t know how to couch our arguments in analysis that is used credibly—as a result, debaters become incapable of effectuating change
This undermines all decisionmaking and makes robust national security policymaking impossible by substituting cultural anxieties for real analysis
Friedman 8, Research Fellow and Affiliate at MIT ~Winter 2008, Benjamin H. Friedman is a research fellow in defense and homeland security studies. He is an affiliate of the Security Studies Program at the Massachusetts Institute of Technology, "The Terrible ’Ifs’", http://object.cato.org/sites/cato.org/files/serials/files/regulation/2007/12/v30n4-1.pdf~~ Students of regulatory policy know of the precautionary principle, an idea about risk favored AND national security dangers are not always as uncertain and dangerous as we hear.
The second impact is systemic harms—cognitive biases make us focus on one-shot impacts we can supposedly solve, ignoring structural issues like racism
Glassner 99, President of Lewis and Clark and Former Professor of Sociology ~1999, Barry Glassner is the president of Lewis 26 Clark College and was formerly professor of sociology and executive vice provost at the University of Southern California, which honored him in 2002 with its highest research award, "THE CULTURE OF FEAR Why Americans Are Afraid of the Wrong Things", available on enbookfi~
One of my initial hypotheses about why pseudodangers receive so much attention was that they AND drivers who have abandoned civil roadway behavior" (Philadelphia Daily News).17
2AC
2AC O/V—Impact Framing vs Big Impact
We should prioritize probable systemic impacts over possibilistic spectacular impacts—the 9/11 focus on big unlikely impacts means we ignore violence that ends up causing the most deaths
Nixon ’11 (Rob, Rachel Carson Professor of English, University of Wisconsin-Madison, Slow Violence and the Environmentalism of the Poor, pgs. 12-14)
Over the past two decades, this high-speed planetary modification has been accompanied AND how our rhetorical conventions for bracketing violence routinely ignore ongoing, belated casualties.
Their math is wrong—at low enough of probabilities, there’s a risk to every action and inaction causing paralysis and meaning our decisions are made by cultural biases—uniquely true with national security risks
Friedman 8, Research Fellow and Affiliate at MIT ~Winter 2008, Benjamin H. Friedman is a research fellow in defense and homeland security studies. He is an affiliate of the Security Studies Program at the Massachusetts Institute of Technology, "The Terrible ’Ifs’", http://object.cato.org/sites/cato.org/files/serials/files/regulation/2007/12/v30n4-1.pdf~~ Students of regulatory policy know of the precautionary principle, an idea about risk favored AND national security dangers are not always as uncertain and dangerous as we hear.
First—the reliance on secondary and unqualified sources masquerading as experts that use anecdotes and isolated incidents to speak about trends give unrealistic impacts the appearance of legitimacy
Glassner 99, President of Lewis and Clark and Former Professor of Sociology ~1999, Barry Glassner is the president of Lewis 26 Clark College and was formerly professor of sociology and executive vice provost at the University of Southern California, which honored him in 2002 with its highest research award, "THE CULTURE OF FEAR Why Americans Are Afraid of the Wrong Things", available on enbookfi~
The pressing question is the same now as it was in 1938: Why do AND scares.8 Or we can go on believing in martian invaders.’
Second—the use of multi-chain internal link and scenarios eclipse reality by obscuring the actual likelihood of the impact—the conjunctive fallacy dictates that they’re less likely
Yudkowsky 8, Research Fellow ~2008, Eliezer Yudkowsky is a Research Fellow at theMachine Intelligence Research Institute "Cognitive Biases Potentially A?ecting Judgment of Global Risks.", In Global Catastrophic Risks, edited by Nick Bostrom and Milan M. ?irkovi?, 91–119~
The conjunction fallacy similarly applies to futurological forecasts. Two independent sets of professional analysts AND a futurist, disjunctions make for an awkward and unpoetic-sounding prophecy.
2AC Deference DA
Our presumed imminence argument internal link turn the deference DA—executive insulation ensures an over focus at ridiculous threat scenarios at the expense of probability—this means it leads to ineffective foreign policy—that’s Covers
Democracy solves the impact and exec flex isn’t key—their impact assumes cold war era fears
Spiro 2, Professor at Hofstra Law School ~Winter 2002, Peter J. Spiro is a Professor, Hofstra Law School, "Explaining the End of Plenary Power", 16 Geo. Immigr. L.J. 339~
Building on those two girders, one can describe how plenary power was generated by AND obstacle to review, as it almost surely would have in the past.
2AC Ban T
We meet—there are less conditions under which the executive can detain someone after the plan
Restriction includes a limitation
STATE OF ARIZONA, Appellee, v. JEREMY RAY WAGNER, April 10, 2008, Filed, Appellant., 1 CA-CR 06-0167, 2008 Ariz. App. Unpub. LEXIS 613, opinion by Judge G. MURRAY SNOW
P10 The term "restriction" is not defined by the Legislature for the purposes AND natural and obvious meaning, which may be discerned from its dictionary definition."). P11 The dictionary definition of "restriction" is "~a~ limitation or qualification AND dictate that the term "restriction" includes the ignition interlock device limitation.
Their interpretation overlimits to only one aff in each topic area—aff flex ensures innovative topics encouraging research skills and in depth discussions
Our interpretation is more precise by citing a court case—that means our limit is predictable and better reflects the topic
Default to reasonability—competing interpretations leads to a race to limit out affs at the expense of substance—affs need to know they’re topical
2AC CP
The executive CP is a voting issue—
a. Avoids the resolutional question—executive skirts debates over whether the executive should be restricted by artificially imagining the need for executive restrictions doesn’t exist—this skirts topic debates over how to restrict the executive—especially true when the advantage is based off the type of decisionmakng of the executive
b. Opportunity Cost—the CP is the logic of deference by shifting responsibility from action to the executive—whether or not the executive shouldn’t be racist doesn’t change the judicial and statutory obligation to act— the CP inculcates a culture of responsibility shifting that makes us inactive agents who let atrocities happen
Tushnet’s social learning hypothesis posits a public awareness that the government has exaggerated the existence AND to what extent has the legal academy and the judiciary internalized these perspectives?
DOJ is a poor check on presidential powers —- several factors make its support inevitable
Marshall, 8 —- Professor of Law at the University of North Carolina (April 2008, William P., Boston University Law Review, "THE ROLE OF THE PRESIDENT IN THE TWENTY-FIRST CENTURY: ARTICLE: ELEVEN REASONS WHY PRESIDENTIAL POWER INEVITABLY EXPANDS AND WHY IT MATTERS," 88 B.U.L. Rev. 505))
Some might argue that even if the Attorney General may be overly susceptible to the AND the pressure for DOJ to develop expansive interpretations of presidential power is inexorable.
2AC Terror DA
The major terrorist event of our lifetime involved box cutters, the majority of foiled terrorist plots involve non-WMD weapons, and the greatest death toll of a so called "WMD" terrorist attack has been twelve people, so why the focus on WMD?—even if their discussions of terrorism are good, their focus on WMD level terrorist threats overprescribes its importance in policymaking and leads to blunders
Silke 9 ~2009, Professor Andrew Silke (BSc Hons, AFBPsS, CSci, CPsych, PhD) holds a Chair in Criminology at the University of East London where he is the Field Leader for Criminology, and the Programme Director for Terrorism Studies, "Contemporary terrorism studies: Issues in Research", Critical Terrorism Studies: A New Research Agenda, pp. 34-38~
The increased work being focused on suicide terrorism is arguably both¶ overdue and useful AND and still remains the most heavily researched¶ terrorist tactic after suicide attacks).
NATO cohesion is impossible- too many members and failures in Afghanistan
Alexander Melikishvili- research associate with the James Martin Center for Nonproliferation Studies- 1/26/09, YaleGlobal, NATO’s Double Standards Make for a Hollow Alliance, http://yaleglobal.yale.edu/content/natoE28099s-double-standards-make-hollow-alliance** As events of the past year demonstrate, NATO faces an existential crisis, AND deal a deadly blow to the alliance and may even spell its demise.
Judicial review key to detention restraint—avoids false leads
O’Neil 11 ~Winter, 2011, Robin O’Neil, "THE PRICE OF PURITY: WEAKENING THE EXECUTIVE MODEL OF THE UNITED STATES’ COUNTER-TERROR LEGAL SYSTEM", 47 Hous. L. Rev. 1421~
While providing for judicial review may not make sense in every anti-terror context AND the President should provide for meaningful judicial recourse by his own order. n159
2AC Salaries DA
Congress will defer to court rulings—politicians will only talk
You should refuse the logic of the DA—subordinating ethics to political concerns in just one instance undermines our capacity to make any ethical choices
Hedges 11 ~05/23/11, Chris Hedges is an American journalist specializing in American politics and society. Hedges is also known as the best-selling author of several books including War Is a Force That Gives Us Meaning (2002)—a finalist for the National Book Critics Circle Award for Nonfiction—Empire of Illusion: The End of Literacy and the Triumph of Spectacle (2009), Death of the Liberal Class (2010) and his most recent New York Times best seller, written with the cartoonist Joe Sacco, Days of Destruction, Days of Revolt (2012), "Why Liberal Sellouts Attack Prophets Like Cornel West", http://empirestrikesblack.com/2011/05/why-liberal-sellouts-attack-prophets-like-cornel-west/~~ The liberal class, which attempted last week to discredit the words my friend Cornel AND they willingly sacrifice others in the name of the politically expedient and practical.
====Losers-lose is wrong —- won’t impact rest of agenda==== Sargent, 9/10 (Greg, 9/10/2013, Washington Post.com, "No, a loss on Syria would not destroy the Obama presidency," Factiva))
If not? None of the other permutations here are anywhere close to that kind AND really mean when they say that. It’s not clear even they know.
1/25/14
UMKC Great Writ Aff--1AC
Tournament: UMKC | Round: 1 | Opponent: UCO BY | Judge: Joe Koehle
1AC Plan
The United States federal judiciary should order the release of individuals in military detention who have won their habeas corpus hearing.
1AC Judicial Globalism
Contention 1 is The Great Writ
Status quo rulings make habeas useless—the judiciary has allowed for excess deference and abdicated its key role in checking executive war powers
Milko 12 ~Winter, 2012, Jennifer L. Milko, and#34;Separation of Powers and Guantanamo Detainees: Defining the Proper Roles of the Executive and Judiciary in Habeas Cases and the Need for Supreme Guidanceand#34;, 50 Duq. L. Rev. 173~ A. Arguments for a Remedy By urging deference to the Executive Branch, the AND being improperly limited, as they are not utilizing their constitutional power properly.
US action determines the global separation of powers—status quo trends towards executive authority get modeled and expand global executive power—a strong judicial assertion is critical to check
Flaherty 11, Professor of International Law ~2011, Martin S. Flaherty is a Leitner Professor of International Law, Fordham Law School; Visiting Professor, Woodrow Wilson School of Public and International Affairs, Princeton University, and#34;Judicial Foreign Relations Authority After 9/11and#34;, 56 N.Y.L. Sch. L. Rev. 119~ That and#34;old-timeand#34; separation of powers should be enough to turn back AND in the matter of rights protection must remain the courts. ~*143~
New democratic states are forming now—judicial influence determines the state of their transitions
Suto 11, Research Associate at Tahrir Institute and J.D. ~07/15/11, Ryan Suto is a Research Associate at Tahrir Institute for Middle East Policy, has degrees in degrees in law, post-conflict reconstruction, international relations and public relations from Syracuse Law, and#34;Judicial Diplomacy: The International Impact of the Supreme Courtand#34;, http://jurist.org/dateline/2011/07/ryan-suto-judicial-diplomacy.php~~ The Court is certainly the best institution to explain to scholars, governments, lawyers AND key legal concepts. This is an opportunity that should not be wasted.
Promoting a strong judiciary is necessary to make those transitions stable and democratic—detention policies specifically allow for global authoritarianism
CJA 3, Center for Justice and Accountability ~OCTOBER 2003, The Center for Justice 26 Accountability (and#34;CJAand#34 seeks, by use of the legal systems, to deter torture and other human rights abuses around the world., and#34;BRIEF OF the CENTER FOR JUSTICE AND ACCOUNTABILITY, the INTERNATIONAL LEAGUE FOR HUMAN RIGHTS, and INDIVIDUAL ADVOCATES for the INDEPENDENCE of the JUDICIARY in EMERGING DEMOCRACIES as AMICI CURIAE IN SUPPORT OF PETITIONERSand#34;, http://www.cja.org/downloads/Al-Odah_Odah_v_US___Rasul_v_Bush_CJA_Amicus_SCOTUS.pdf~~ A STRONG, INDEPENDENT JUDICIARY IS ESSENTIAL TO THE PROTECTION OF INDIVIDUAL FREEDOMS AND THE ESTABLISHMENT OF STABLE GOVERNANCE IN EMERGING DEMOCRACIES AROUND THE WORLD. A. Individual Nations Have Accepted and Are Seeking to Implement Judicial Review By A Strong, Independent Judiciary. Many of the newly independent governments that have proliferated over the past five decades have adopted these ideals. They have emerged from a variety of less-than-free contexts, including the end of European colonial rule in the 1950’s and 1960’s, the end of the Cold War and the breakup of the former Soviet Union in the late 1980’s and 1990’s, the disintegration of Yugoslavia, and the continuing turmoil in parts of Africa, Latin America and southern Asia. Some countries have successfully transitioned to stable and democratic forms of government that protect individual freedoms and human rights by means of judicial review by a strong and independent judiciary. Others have suffered the rise of tyrannical and oppressive rulers who consolidated their hold on power in part by diminishing or abolishing the role of the judiciary. And still others hang in the balance, struggling against the onslaught of tyrants to establish stable, democratic governments. In their attempts to shed their tyrannical pasts and to ensure the protection of individual rights, emerging democracies have consistently looked to the United States and its Constitution in fashioning frameworks that safeguard the independence of their judiciaries. See Ran Hirschl, The Political Origins of Judicial Empowerment through Constitutionalization: Lessons from Four Constitutional Revolutions, 25 Law 26 Soc. Inquiry 91, 92 (2000) (stating that of the and#34;~m~any countries . . . ~that~ have engaged in fundamental constitutional reform over the past three decades,and#34; nearly all adopted and#34;a bill of rights and establishe~d~ some form of active judicial reviewand#34 Establishing judicial review by a strong and independent judiciary is a critical step in stabilizing and protecting these new democracies. See Christopher M. Larkins, Judicial Independence and Democratization: A Theoretical and Conceptual Analysis, 44 Am. J. Comp. L. 605, 605-06 (1996) (describing the judicial branch as having and#34;a uniquely important roleand#34; in transitional countries, not only to and#34;mediate conflicts between political actors but also ~to~ prevent the arbitrary exercise of government power; see also Daniel C. Prefontaine and Joanne Lee, The Rule of Law and the Independence of the Judiciary, International Centre for Criminal Law Reform and Criminal Justice Policy (1998) (and#34;There is increasing acknowledgment that an independent judiciary is the key to upholding the rule of law in a free society . . . . Most countries in transition from dictatorships and/or statist economies recognize the need to create a more stable system of governance, based on the rule of law.and#34, available at http://www.icclr.law.ubc.ca/Publications/Reports/RuleofLaw. pdf (last visited Jan. 8, 2004). Although the precise form of government differs among countries, and#34;they ultimately constitute variations within, not from, the American model of constitutionalism . . . ~a~ specific set of fundamental rights and liberties has the status of supreme law, is entrenched against amendment or repeal . . . and is enforced by an independent court . . . .and#34; Stephen Gardbaum, The New Commonwealth Model of Constitutionalism, 49 Am. J. Comp. L. 707, 718 (2001). This phenomenon became most notable worldwide after World War II when certain countries, such as Germany, Italy, and Japan, embraced independent judiciaries following their bitter experiences under totalitarian regimes. See id. at 714- 15; see also United States v. Then, 56 F.3d 464, 469 (2d Cir. 1995) (Calabresi, J., concurring) (and#34;Since World War II, many countries have adopted forms of judicial review, which — though different from ours in many particulars — unmistakably draw their origin and inspiration from American constitutional theory and practice. See generally Mauro Cappelletti, The Judicial Process in Comparative Perspective (Oxford: Clarendon Press, 1989).and#34. It is a trend that continues to this day. It bears mention that the United States has consistently affirmed and encouraged the establishment of independent judiciaries in emerging democracies. In September 2000, President Clinton observed that and#34;~w~ithout the rule of law, elections simply offer a choice of dictators. . . . America’s experience should be put to use to advance the rule of law, where democracy’s roots are looking for room and strength to grow.and#34; Remarks at Georgetown University Law School, 36 Weekly Comp. Pres. Doc. 2218 (September 26, 2000), available at http://clinton6.nara.gov/2000/09/2000-09-26- remarks-by-president-at-georgetown-international-lawcenter.html. The United States acts on these principles in part through the assistance it provides to developing nations. For example, the United States requires that any country seeking assistance through the Millenium Challenge Account, a development assistance program instituted in 2002, must demonstrate, among other criteria, an and#34;adherence to the rule of law.and#34; The White House noted that the rule of law is one of the and#34;essential conditions for successful developmentand#34; of these countries. See http://www.whitehouse.gov/infocus/developingnations (last visited Jan. 8, 2004).12 A few examples illustrate the influence of the United States model. On November 28, 1998, Albania adopted a new constitution, representing the culmination of eight years of democratic reform after the communist rule collapsed. In addition to protecting fundamental individual rights, the Albanian Constitution provides for an independent judiciary consisting of a Constitutional Court with final authority to determine the constitutional rights of individuals. Albanian Constitution, Article 125, Item 1 and Article 128; see also Darian Pavli, and#34;A Brief ’Constitutional History’ of Albaniaand#34; available at http://www.ipls.org/services/others/chist.html (last visited Janaury 8, 2004); Jean-Marie Henckaerts 26 Stefaan Van der Jeught, Human Rights Protection Under the New Constitutions of Central Europe, 20 Loy. L.A. Int’l 26 Comp. L.J. 475 (Mar. 1998). In South Africa, the new constitutional judiciary plays a similarly important role, following generations of an oppressive apartheid regime. South Africa adopted a new constitution in 1996. Constitution of the Republic of South Africa, Explanatory Memorandum. It establishes a Constitutional Court which and#34;makes the final decision whether an Act of Parliament, a provincial Act or conduct of the President is constitutional.and#34; Id. at Chapter 8, Section 167, Item (5), available at http://www.polity.org.za/html/govdocs/constitution/saconst.html?r ebookmark=1 (last visited January 8, 2004); see also Justice Tholakele H. Madala, Rule Under Apartheid and the Fledgling Democracy in Post-Apartheid South Africa: The Role of the Judiciary, 26 N.C. J. Int’l L. 26 Com. Reg. 743 (Summer 2001). Afghanistan is perhaps the most recent example of a country struggling to develop a more democratic form of government. Adoption by the Loya Jirga of Afghanistan’s new constitution on January 4, 2004 has been hailed as a milestone. See http://www.cbsnews.com/stories/2004/01/02/world/main59111 6.shtml (Jan 7, 2004). The proposed constitution creates a judiciary that, at least on paper, is and#34;an independent organ of the state,and#34; with a Supreme Court empowered to review the constitutionality of laws at the request of the Government and/or the Courts. Afghan Const. Art. 116, 121 (unofficial English translation), available at http://www.hazara.net/jirga/AfghanConstitution-Final.pdf (last visited January 8, 2004). See also Ron Synowitz, Afghanistan: Constitutional Commission Chairman Presents Karzai with Long-Delayed Draft Constitution (November 3, 2003), available at http://www.rferl.org/nca/features/2003/11/03112003164239.as p (last visited Jan. 8, 2004). B. Other Nations Have Curtailed Judicial Review During Times Of Crisis, Often Citing the United States’ Example, And Individual Freedoms Have Diminished As A Result. While much of the world is moving to adopt the institutions necessary to secure individual rights, many still regularly abuse these rights. One of the hallmarks of tyranny is the lack of a strong and independent judiciary. Not surprisingly, where countries make the sad transition to tyranny, one of the first victims is the judiciary. Many of the rulers that go down that road justify their actions on the basis of national security and the fight against terrorism, and, disturbingly, many claim to be modeling their actions on the United States. Again, a few examples illustrate this trend. In Peru, one of former President Alberto Fujimori’s first acts in seizing control was to assume direct executive control of the judiciary, claiming that it was justified by the threat of domestic terrorism. He then imprisoned thousands, refusing the right of the judiciary to intervene. International Commission of Jurists, Attacks on Justice 2000-Peru, August 13, 2001, available at http://www.icj.org/news.php3?id_article=258726lang=en (last visited Jan. 8, 2004). In Zimbabwe, President Mugabe’s rise to dictatorship has been punctuated by threats of violence to and the co-opting of the judiciary. He now enjoys virtually total control over Zimbabweans’ individual rights and the entire political system. R.W. Johnson, Mugabe’s Agents in Plot to Kill Opposition Chief, Sunday Times (London), June 10, 2001; International Commission of Jurists, Attacks on Justice 2002— Zimbabwe, August 27, 2002, available at http://www.icj.org/news.php3?id_article=269526lang=en (last visited Jan. 8, 2004). While Peru and Zimbabwe represent an extreme, the independence of the judiciary is under assault in less brazen ways in a variety of countries today. A highly troubling aspect of this trend is the fact that in many of these instances those perpetuating the assaults on the judiciary have pointed to the United States’ model to justify their actions. Indeed, many have specifically referenced the United States’ actions in detaining persons in Guantánamo Bay. For example, Rais Yatim, Malaysia’s and#34;de facto law ministerand#34; explicitly relied on the detentions at Guantánamo to justify Malaysia’s detention of more than 70 suspected Islamic militants for over two years. Rais stated that Malyasia’s detentions were and#34;just like the process in Guantánamo,and#34; adding, and#34;I put the equation with Guantánamo just to make it graphic to you that this is not simply a Malaysian style of doing things.and#34; Sean Yoong, and#34;Malaysia Slams Criticism of Security Law Allowing Detention Without Trial,and#34; Associated Press, September 9, 2003 (available from Westlaw at 9/9/03 APWIRES 09:34:00). Similarly, when responding to a United States Government human rights report that listed rights violations in Namibia, Namibia’s Information Permanent Secretary Mocks Shivute cited the Guantánamo Bay detentions, claiming that and#34;the US government was the worst human rights violator in the world.and#34; BBC Monitoring, March 8, 2002, available at 2002 WL 15938703. Nor is this disturbing trend limited to these specific examples. At a recent conference held at the Carter Center in Atlanta, President Carter, specifically citing the Guantánamo Bay detentions, noted that the erosion of civil liberties in the United States has and#34;given a blank check to nations who are inclined to violate human rights already.and#34; Doug Gross, and#34;Carter: U.S. human rights missteps embolden foreign dictators,and#34; Associated Press Newswires, November 12, 2003 (available from Westlaw at 11/12/03 APWIRES 00:30:26). At the same conference, Professor Saad Ibrahim of the American University in Cairo (who was jailed for seven years after exposing fraud in the Egyptian election process) said, and#34;Every dictator in the world is using what the United States has done under the Patriot Act . . . to justify their past violations of human rights and to declare a license to continue to violate human rights.and#34; Id. Likewise, Shehu Sani, president of the Kaduna, Nigeriabased Civil Rights Congress, wrote in the International Herald Tribune on September 15, 2003 that and#34;~t~he insistence by the Bush administration on keeping Taliban and Al Quaeda captives in indefinite detention in Guantánamo Bay, Cuba, instead of in jails in the United States — and the White House’s preference for military tribunals over regular courts — helps create a free license for tyranny in Africa. It helps justify Egypt’s move to detain human rights campaigners as threats to national security, and does the same for similar measures by the governments of Ivory Coast, Cameroon and Burkina Faso.and#34; Available at http://www.iht.com/ihtsearch.php?id=10992726owner=(IHT)26dat e=20030121123259. In our uni-polar world, the United States obviously sets an important example on these issues. As reflected in the foundational documents of the United Nations and many other such agreements, the international community has consistently affirmed the value of an independent judiciary to the defense of universally recognized human rights. In the crucible of actual practice within nations, many have looked to the United States model when developing independent judiciaries with the ability to check executive power in the defense of individual rights. Yet others have justified abuses by reference to the conduct of the United States. Far more influential than the words of Montesquieu and Madison are the actions of the United States. This case starkly presents the question of which model this Court will set for the world. CONCLUSION Much of the world models itself after this country’s two hundred year old traditions — and still more on its day to day implementation and expression of those traditions. To say that a refusal to exercise jurisdiction in this case will have global implications is not mere rhetoric. Resting on this Court’s decision is not only the necessary role this Court has historically played in this country. Also at stake are the freedoms that many in emerging democracies around the globe seek to ensure for their peoples.
That makes war impossible—liberal democratic norms through judicial globalization cause global peace
Kersch 6, Assistant Professor of Politics ~2006, Ken I. Kersch, Assistant Professor of Politics, Princeton University. B.A., Williams; J.D., Northwestern; Ph.D., Cornell. Thanks to the Social Philosophy and Policy Center at Bowling Green State University, where I was a visiting research scholar in the fall of 2005, and to the organizers of, and my fellow participants in, the Albany Law School Symposium, Albany Law School, and#34;The Supreme Court and international relations theory.and#34;, http://www.thefreelibrary.com/The+Supreme+Court+and+international+relations+theory.-a0151714294~~ Liberal theories of international relations hold that international peace and prosperity are advanced to the AND . The liberal foreign policy outlook will thus fortify them against contemporary criticism.
Judicial action is critical to resolve the Kiyemba decisions and establish legitimate habeas laws
Milko 12 ~Winter, 2012, Jennifer L. Milko, and#34;Separation of Powers and Guantanamo Detainees: Defining the Proper Roles of the Executive and Judiciary in Habeas Cases and the Need for Supreme Guidanceand#34;, 50 Duq. L. Rev. 173~ In light of the compelling arguments on both sides, several important issues have ambiguous AND potential of making this important right just a phrase with no underlying force.
Judicial globalism is inevitable—the only question is how the US shapes it—resting authority in the executive models judicial inaction
Krotoszynski 9, John C. Stone Chair, Director of Faculty Research, and Professor of Law, University of Alabama School of Law ~2009, Ronald J. Krotoszynski is a John C. Stone Chair, Director of Faculty Research, and Professor of Law, University of Alabama School of Law, and#34;The Perils and the Promise of Comparative Constitutional Law: The New Globalism and the Role of the United States in Shaping Human Rightsand#34;, 61 Ark. L. Rev. 603~ In thinking about the reality and effects of the new globalism, we should be AND Federal Constitutional Court to abdicate responsibility for articulating and enforcing local legal imperatives.
1AC Legitimacy
Contention 1 is Legitimacy
Kiyemba decisions have undermined the legitimacy of our commitment to the rule of law globally
Vaughn and Williams, Professors of Law, 13 ~2013, Katherine L. Vaughns B.A. (Political Science), J.D., University of California at Berkeley. Professor of Law, University of Maryland Francis King Carey School of Law, and Heather L. Williams, B.A. (French), B.A. (Political Science), University of Rochester, J.D., cum laude, University of Maryland Francis King Carey School of Law, and#34;OF CIVIL WRONGS AND RIGHTS: 1 KIYEMBA V. OBAMA AND THE MEANING OF FREEDOM, SEPARATION OF POWERS, AND THE RULE OF LAW TEN YEARS AFTER 9/11and#34;, Asian American Law Journal, Vol. 20, 2013, http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2148404~~
In 2007, Ninth Circuit Judge A. Wallace Tashima observed that the rule of AND better—the Constitution, and those who drafted it, demand so.
The aff is key—perception of US provision of habeas rights is critical to US soft power—the vital aspect of US legal jurisprudence—court action is key
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 Conflictand#34;, NATIONAL SECURITY LAW BRIEF, Vol. 1, Issue 1 http://digitalcommons.wcl.american.edu/cgi/viewcontent.cgi?article=100326context=nslb~~ The and#34;Great Walland#34; The writ of habeas corpus enables an individual to challenge AND unique and modern circumstances of the post-9/11 con? ict.
Statistical evidence shows US policy towards indefinite detention is both necessary and sufficient
Welsh 11, J.D. from University of Utah and Doctoral student ~March, 2011, David Welsh has a J.D. from the University of Utah. He is currently a doctoral student in the Eller School of Business at the University of Arizona where his research focuses on organizational fairness and ethics, and#34;Procedural Justice Post-9/11: The Effects of Procedurally Unfair Treatment of Detainees on Perceptions of Global Legitimacyand#34;, 9 U.N.H. L. Rev. 261~ Today, many individuals throughout the world question whether the United States has engaged in AND with the unique procedural issues created by a growing number of suspected terrorists.
Legitimacy is critical to make US leadership durable and effective—judicial action is critical
Knowles 9 ~Spring, 2009, Robert Knowles is a Acting Assistant Professor, New York University School of Law, and#34;American Hegemony and the Foreign Affairs Constitutionand#34;, ARIZONA STATE LAW JOURNAL, 41 Ariz. St. L.J. 87~
American unipolarity has created a challenge for realists. Unipolarity was thought to be inherently AND the same project that the courts constantly grapple with in adjudicating domestic disputes.
US benevolent hegemony is critical to global peace—the alternative causes massive wars
Kromah 9, Masters Student in IR ~February 2009, Lamii Moivi Kromah at the Department of International Relations University of the Witwatersrand, and#34;The Institutional Nature of U.S. Hegemony: Post 9/11and#34;, http://wiredspace.wits.ac.za/bitstream/handle/10539/7301/MARR2009.pdf?sequence=1~~ A final major gain to the United States from the benevolent hegemony has perhaps been AND to facilitate its ability to extract contributions from other members of the system.
Judicial action creating a meaningful right to habeas is uniquely key to restore US legitimacy—comparatively more important than executive flexibility
Knowles 9 ~Spring, 2009, Robert Knowles is a Acting Assistant Professor, New York University School of Law, and#34;American Hegemony and the Foreign Affairs Constitutionand#34;, ARIZONA STATE LAW JOURNAL, 41 Ariz. St. L.J. 87~ The Bush Administration’s detainee policy made clear that - due to America’s power - the AND accountability.and#34; n423 Stable interpretation of the law bolsters the stability of the system
because other nations will know that they can rely on those interpretations and that there AND and reinforces the sense that our constitutional values reflect universal human rights. n449
9/19/13
UMKC Great Writ Aff--AT Agamben K
Tournament: UMKC | Round: 1 | Opponent: UCO BY | Judge: Joe Koehle
2AC Framework
Framework—the primary purpose of debate should be to improve our skills as decisionmakers through a discussion of public policy—
Decisionmaking skills are necessary to decide between individual courses of action that affect us on a daily basis—flexing our muscles in the high-stakes games of public policymaking is necessary to make those individual decisions easier
The neg must connect their alternative to policy concerns and institutional practices—absent these questions shifts in knowledge production are useless – governments’ obey institutional logics that exist independently of individuals and constrain decisionmaking
Wight – Professor of IR @ University of Sydney – 6 (Colin, Agents, Structures and International Relations: Politics as Ontology, pgs. 48-50
One important aspect of this relational ontology is that these relations constitute our identity as AND upon it, upon its specific characteristics, its constants and its variables’.
And, debating about the aff is key to solve it—we must keep Guantanamo in the public consciousness in order to organize effective strategies
Cole 12, Professor of Law ~2012, David Cole is a Professor of Law, Georgetown University Law Center, and#34;Legal Affairs: Dreyfus, Guantanamo, and the Foundation of the Rule of Law, 29 Touro L. Rev. 43~ Moreover, while district courts exercising habeas corpus jurisdiction initially ruled in favor of the AND values of the Constitution, the rule of law, and human rights.
2AC Security K
Even if security and risk calculation are flawed, engaging in them creates discourse of social welfare and promotes a democratic civic culture that checks political exclusion and loss of value to life
Faced with such inhospitable conditions, one can easily lapse into fatalistic despair, letting AND social democratic politics, even for renewing the activity of politics at all.
Universalism/No Exclusion
Liberalism doesn’t cause homo sacer – it rests on the assumption of universal inclusion
Mitchell, Geography Prof at UWash, ’6 (Katharyne, Geographies of identity: the new exceptionalismand#34; Progress in Human Geography, Vol 30 No 1, p 95-106, SagePub) II Differenti’al exceptions There are many useful ideas here and their modern applicability is breathtaking AND ’accidents’ of poor or unfair implementation, the principles of universalism were sound.
Dickinson
Liberalism good
Dickinson, History Prof at UC Davis, ’4 (Edward, and#34;Biopolitics, Fascism, Democracy: Reflections On Our Discourse Concerning ’Modernity’and#34; Central European History, Vol 37, p 1-48) In short, the continuities between early twentieth-century biopolitical discourse and the practices AND with great satisfaction on the changes they genuinely had the power to accomplish.
Their critique of sovereign biopower creates an erroneous distinction between biological and political life that destroys value to life – it’s a more complicated picture than they depict
Fassin, Professor Social Science Princeton, ’10 (Didier, Fall, and#34;Ethics of Survival: A Democratic Approach to the Politics of Lifeand#34; Humanity: An International Journal of Human Rights, Humanitarianism, and Development, Vol 1 No 1, Project Muse) Conclusion Survival, in the sense Jacques Derrida attributed to the concept in his last AND in its multiple forms but also in its everyday expression of the human.
~ ~ Democratic spread solves war – No other factor is as statistically significant Valerie Epps, Professor of Law, Suffolk University Law School, Boston, Spring, ’98 4 ILSA J Int’l 26 Comp L 347 One scholar who has perhaps tried the hardest to separate out other possible influences on AND . . . can reduce the frequency of violent conflicts among nations.and#34; n34
A2 Democracies Fight Autocracies
~ ~ Democracy ensures a reduction in conflict overall due to norms, not just among democracies Joshua Muravchik, resident scholar The American Enterprise Institute, July 11-14, ’01 http://www.npec-web.org/syllabi/muravchik.htm One interesting piece of Russett’s research should help to point him away from his doubts AND accommodate those interests except when the other party’s behavior seems threatening or outrageous.
A2 Transition Wars
Democratization is inevitable, there’s only a risk we make countries more peaceful Mansfield 26 Snyder, ’95 ~Foreign Affairs, Spring, Edward D. Mansfield, Associate Professor of Political Science at Columbia University and Jack Snyder, Professor of Political Science and Director of the Institute of War and Peace Studies at Columbia University~ THOUGH MATURE democratic states have virtually never fought wars against each other, promoting democracy AND work remains to be done to minimize the dangers of the turbulent transition.
A2 Democracy Promotion Imperialist
No link – we’re about reversal of democratic trends
~ ~ Democracy promotion is not a manifestation of US imperialism or self-centeredness – it’s a global effort
Carothers, ’94 ~Thomas Carothers, founder and director of the Democracy and Rule of Law Project at the Carnegie Endowment. Expert on democracy promotion and democratization. and#34;Critical Mission: Essays on Democracy Promotion.and#34; p. 14~ Another issue for reconsideration is the general view of some human rights advocates that U AND of U. S. self-centeredness as a spreading global practice.
2ac Rights Malthus
~ ~ And democracies are comparatively more effective at protecting the environment then authoritarian regimes Held 26 Hervey, ’09 ~David Held, Graham Wallas-http://en.wikipedia.org/wiki/Graham_Wallas Professor of Political Science, Co-director of the Centre for the Study of Global Governance within the Government Department at the London School of Economics-http://en.wikipedia.org/wiki/London_School_of_Economics, Angus Fane Hervey, Ph.D. Candidate in Government at the London School of Economics, and#34;Democracy, climate change and global governance,and#34; November 2009, Policy Network Working Paper, www.policy-network.net/publications_download.aspx?ID=3426~ AP This type of argument has, however, been undermined by a body of theory AND , then, to expect a strong correlation between democracy and environmental quality.
Our consumption is excessive. If we continue to consume our natural resources, there AND been with us since ancient times and they have consistently been proven wrong.
Framework—the primary purpose of debate should be to improve our skills as decisionmakers through a discussion of public policy
Decisionmaking skills are necessary to decide between individual courses of action that affect us on a daily basis—flexing our muscles in the high-stakes games of public policymaking is necessary to make those individual decisions easier
The neg must connect their alternative to policy concerns and institutional practices—absent these questions shifts in knowledge production are useless – governments’ obey institutional logics that exist independently of individuals and constrain decisionmaking
Wight – Professor of IR @ University of Sydney – 6 (Colin, Agents, Structures and International Relations: Politics as Ontology, pgs. 48-50
One important aspect of this relational ontology is that these relations constitute our identity as AND upon it, upon its specific characteristics, its constants and its variables’.
And, debating about the aff is key to solve it—we must keep Guantanamo in the public consciousness in order to organize effective strategies
Cole 12, Professor of Law ~2012, David Cole is a Professor of Law, Georgetown University Law Center, and#34;Legal Affairs: Dreyfus, Guantanamo, and the Foundation of the Rule of Law, 29 Touro L. Rev. 43~ Moreover, while district courts exercising habeas corpus jurisdiction initially ruled in favor of the AND values of the Constitution, the rule of law, and human rights.
That’s key—the law is the necessary framework for these challenges to take place
Cole 2011 - Professor, Georgetown University Law Center (Winter, David, and#34;WHERE LIBERTY LIES: CIVIL SOCIETY AND INDIVIDUAL RIGHTS AFTER 9/11,and#34; 57 Wayne L. Rev. 1203, Lexis)
Unlike the majoritarian electoral politics Posner and Vermeule imagine, the work of civil society AND litigation’s outcome, which in turn contributed to a broader impetus for reform.
Positivism Sufficient/Knowable
Their epistemology K is flawed – social constructions are knowable – they pre-exist individuals and constrain action in predictable ways – prefer the specificity of the aff to broad philosophical indictments
Fluck, PhD in International Politics from Aberystwyth, ’10 (Matthew, November, and#34;Truth, Values and the Value of Truth in Critical International Relations Theoryand#34; Millennium Journal of International Studies, Vol 39 No 2, SagePub) Critical Realists arrive at their understanding of truth by inverting the post-positivist attitude AND . 44 It therefore remains possible to pursue the truth about social reality.
Rejection of current IR paradigm magnifies hierarchy – emancipation rhetoric gives powerful states a basis for intervention and robs the Third World of agency – traditional security models solve their impacts better
McCormack 10 – Lecturer in International Politics Tara McCormack, 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, pg. 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.
Permutation do both
Walby, Sociology Professor at Leeds, ’1 (Sylvia, Winter, and#34;Against Epistemological Chasms: The Science Question in Feminism Revisitedand#34; Signs: Journal of Women in Culture and Society, Vol 26 No 2, JSTOR) Feminist standpoint epistemology and postmodern epistemology often rest on a rejection of and#34;scienceand#34; AND positivism that does not require a leap to either standpoint or postmodern epistemologies.
Global violence decreasing – civilization has become more moral
Pinker, Johnstone Family Professor at Harvard University, ’7 (Steven, March 19, and#34;A History of Violenceand#34; The New Republic, lexis) In sixteenth-century Paris, a popular form of entertainment was cat-burning AND And it would be nice to know what, exactly, it is.
Pursuit of hegemony’s locked-in – the only question is effectiveness
Dorfman 12, Assistant editor of Ethics and International Affairs (Zach What We Talk About When We Talk About Isolationism, http://dissentmagazine.org/online.php?id=605-http://dissentmagazine.org/online.php?id=605) The rise of China notwithstanding, the United States remains the world’s sole superpower. AND come and go, but the national security state appears here to stay.
Heg is key to decease excess American interventionism
Kagan and Kristol, 2k (Robert and William, and#34;Present Dangersand#34;, Kagan is a Senior Associate at the Carnegie Endowment for International Peace, and Kristol is the editor of The Weekly Standard, and a political analyst and commentator, page 13-14 ) http://www2.uhv.edu/fairlambh/asian/present_dangers.htm
It is worth pointing out, though, that a foreign policy premised on American AND and#34; power that awaits a dramatic challenge before it rouses itself into action.
Empirics go aff – hegemony has made war obsolete
Owen, Professor Politics U of Virginia, ’11 (John, February 11, and#34;Don’t Discount Hegemonyand#34; Cato, www.cato-unbound.org/2011/02/11/john-owen/dont-discount-hegemony/-http://www.cato-unbound.org/2011/02/11/john-owen/dont-discount-hegemony/) Andrew Mack and his colleagues at the Human Security Report Project are to be congratulated AND in part by the emergence of the United States as the global hegemon.
A2 Counterbalancing
Balancing claims against the US are nonfalsifiable – no empirical evidence
Wohlforth, IR Prof @ Dartmouth, ’12 ~William Wohlforth, Professor of International Relations at Dartmouth College, and#34;How Not to Evaluate Theories,and#34; International Studies Quarterly (2012) 56, 219–222~ For nearly 20 years, Layne, Kenneth Waltz, and other balance-of AND the theory. Campbell Craig (2011) puts the bottom line well:
9/19/13
UMKC Great Writ Aff--AT Heg Bad K
Tournament: UMKC | Round: 1 | Opponent: UCO BY | Judge: Joe Koehle
AT Hegemony K
Global violence decreasing – civilization has become more moral
Pinker, Johnstone Family Professor at Harvard University, ’7 (Steven, March 19, and#34;A History of Violenceand#34; The New Republic, lexis) In sixteenth-century Paris, a popular form of entertainment was cat-burning AND And it would be nice to know what, exactly, it is.
Pursuit of hegemony’s locked-in – the only question is effectiveness
Dorfman 12, Assistant editor of Ethics and International Affairs (Zach What We Talk About When We Talk About Isolationism, http://dissentmagazine.org/online.php?id=605-http://dissentmagazine.org/online.php?id=605) The rise of China notwithstanding, the United States remains the world’s sole superpower. AND come and go, but the national security state appears here to stay.
9/19/13
UMKC Great Writ Aff--AT I-Law K
Tournament: UMKC | Round: 1 | Opponent: UCO BY | Judge: Joe Koehle
AT I-Law K
International Norms and HR good – prevents liberal democracies from sliding into totalitarianism by eliminating instances of exclusion
Heins, Professor PolSci Concordia, ’5 (Volker, and#34;Giorgio Agamben and the Current State of Affairs in Humanitarian Law and Human Rights Policyand#34; German Law Journal, Vol 6 No 5) According to this basic Principle of Distinction, modern humanitarian action is directed towards those AND to identify reliable evidence for war crimes from exhumed bod- ies.39
International Norms and HR good – prevents liberal democracies from sliding into totalitarianism by eliminating instances of exclusion
Heins, Professor PolSci Concordia, ’5 (Volker, and#34;Giorgio Agamben and the Current State of Affairs in Humanitarian Law and Human Rights Policyand#34; German Law Journal, Vol 6 No 5) According to this basic Principle of Distinction, modern humanitarian action is directed towards those AND to identify reliable evidence for war crimes from exhumed bod- ies.39
9/19/13
UMKC Great Writ Aff--AT Schmitt
Tournament: UMKC | Round: 1 | Opponent: UCO BY | Judge: Joe Koehle
AT Rasch
Even if restraining enmity isn’t perfect, it’s on-balance better than the alternative
Scheuerman 2006 (William E., Professor of Political Science at Indiana University, Constellations, Vol. 13, No. 1. p. 116) Schmitt offers three reasons in support of this view. First, he implicitly relies AND court or tribunal probably would have failed.22 ~italics in original~
A. There’s no alternative to liberalism and their ’solvency’ claims for agonistic democracy are a lie – their reading of the friend/enemy distinction inevitably collapses into unrestrained fascism.
Gross 2006 (Oren, Assistant Professor, Tel Aviv University, Faculty of Law, May, Cardozo Law Review, 21 Cardozo L. Rev. 1825, p. 1828-1829) From a normative perspective, Schmitt’s theory, simply put, is indefensible. 14 AND generalities, and utopian normativeness, without allowing for the possibility of exceptions. Against liberalism’s intellectual dishonesty, Schmitt offers an alternative that is allegedly candid and transparent AND authoritarian exceptionless exception. Part I of this article focuses on these themes.
Even if restraining enmity isn’t perfect, it’s on-balance better than the alternative
Scheuerman 2006 (William E., Professor of Political Science at Indiana University, Constellations, Vol. 13, No. 1. p. 116) Schmitt offers three reasons in support of this view. First, he implicitly relies AND court or tribunal probably would have failed.22 ~italics in original~
A. There’s no alternative to liberalism and their ’solvency’ claims for agonistic democracy are a lie – their reading of the friend/enemy distinction inevitably collapses into unrestrained fascism.
Gross 2006 (Oren, Assistant Professor, Tel Aviv University, Faculty of Law, May, Cardozo Law Review, 21 Cardozo L. Rev. 1825, p. 1828-1829) From a normative perspective, Schmitt’s theory, simply put, is indefensible. 14 AND generalities, and utopian normativeness, without allowing for the possibility of exceptions. Against liberalism’s intellectual dishonesty, Schmitt offers an alternative that is allegedly candid and transparent AND authoritarian exceptionless exception. Part I of this article focuses on these themes.
9/19/13
UMKC Great Writ Aff--AT T Restriction Ban
Tournament: UMKC | Round: 1 | Opponent: UCO BY | Judge: Joe Koehle
2AC T
and#34;Restrictionand#34; includes a limitation STATE OF ARIZONA, Appellee, v. JEREMY RAY WAGNER, April 10, 2008, Filed, Appellant., 1 CA-CR 06-0167, 2008 Ariz. App. Unpub. LEXIS 613, opinion by Judge G. MURRAY SNOW
P10 The term and#34;restrictionand#34; is not defined by the Legislature for the purposes AND natural and obvious meaning, which may be discerned from its dictionary definition.and#34. P11 The dictionary definition of and#34;restrictionand#34; is and#34;~a~ limitation or qualification AND dictate that the term and#34;restrictionand#34; includes the ignition interlock device limitation.
We meet—indefinite detention with a right to habeas corpus isn’t indefinite detention
and#34;Restrictionand#34; includes an prohibition on action UNLESS another action is taken
STATE OF ARIZONA, Appellee, v. JEREMY RAY WAGNER, April 10, 2008, Filed, Appellant., 1 CA-CR 06-0167, 2008 Ariz. App. Unpub. LEXIS 613, opinion by Judge G. MURRAY SNOW
P10 The term and#34;restrictionand#34; is not defined by the Legislature for the purposes AND natural and obvious meaning, which may be discerned from its dictionary definition.and#34. P11 The dictionary definition of and#34;restrictionand#34; is and#34;~a~ limitation or qualification AND dictate that the term and#34;restrictionand#34; includes the ignition interlock device limitation.
War powers with detention includes denial of rights + keeping them detained
The Committee on Federal Courts 4 ~2004, The Committee on Federal Courts, and#34;THE INDEFINITE DETENTION OF and#34;ENEMY COMBATANTSand#34;: BALANCING DUE PROCESS AND NATIONAL SECURITY IN THE CONTEXT OF THE WAR ON TERROR *and#34;, 59 The Record 41, The Record of The Association of The Bar of the City of New York~
The President, assertedly acting under his and#34;war powerand#34; in prosecuting the and#34;war on terror,and#34; has claimed the authority to detain indefinitely, and without access to counsel, persons he designates as and#34;enemy combatants,and#34; an as yet undefined term that embraces selected suspected terrorists or their accomplices. Two cases, each addressing a habeas corpus petition brought by an American citizen, have reviewed the constitutionality of detaining and#34;enemy combatantsand#34; pursuant to the President’s determination: - Hamdi v. Rumsfeld, 316 F.3d 450 (4th Cir. 2003), cert. granted, 124 S. Ct. 981 (Jan. 9, 2004) (No. 03-6696), concerns a citizen seized with Taliban military forces in a zone of armed combat in Afghanistan; - Padilla ex. rel. Newman v. Bush, 233 F. Supp. 2d 564 (S.D.N.Y. 2002), rev’d sub nom., Padilla ex. rel. Newman v. Rumsfeld, 352 F.3d 695 (2d Cir. 2003), cert. granted, 124 S. Ct. 1353 (Feb. 20, ~*42~ 2004) (No. 03-1027), concerns a citizen seized in Chicago, and suspected of planning a terrorist attack in league with al Qaeda. Padilla and Hamdi have been held by the Department of Defense, without any access AND , § 2), to detain persons he classifies as and#34;enemy combatantsand#34;: - indefinitely, for the duration of the and#34;war on terrorand#34;; - without any charges being filed, and thus not triggering any rights attaching to criminal prosecutions; - incommunicado from the outside world; - specifically, with no right of access to an attorney; - with only limited access to the federal courts on habeas corpus, and with no right to rebut the government’s showing that the detainee is an enemy combatant.
Means we meet their in the area off—it just means that it includes all areas
Their interpretation overlimits to only one aff in each topic area—aff flex ensures innovative topics encouraging research skills and in depth discussions
Our interpretation is more precise by citing a court case—that means our limit is predictable and better reflects the topic
Default to reasonability—competing interpretations leads to a race to limit out affs at the expense of substance—affs need to know they’re topical
seeks, by use of the legal systems, to deter torture and other human rights abuses around the world., and#34;BRIEF OF the CENTER FOR JUSTICE AND ACCOUNTABILITY, the INTERNATIONAL LEAGUE FOR HUMAN RIGHTS, and INDIVIDUAL ADVOCATES for the INDEPENDENCE of the JUDICIARY in EMERGING DEMOCRACIES as AMICI CURIAE IN SUPPORT OF PETITIONERSand#34;,