1ac - affirm phenomenal black women 1nc - framework and case 2nc - framework and case 1nr - framework and case 2nr - framework and case
Harvard
1
Opponent: Towson HW | Judge: Nate Cohn
1NC framework war rhetoric k case 2nc framework case 1nr war rhetoric k 2nr framework
Harvard
3
Opponent: Michigan CH | Judge: Collin Roark
2nr congress warfighting da case
Harvard
6
Opponent: Georgia CS | Judge: Seth Gannon
1nc bond court politics da t - hostilities south korea deterrence da warfighting da distinguish cp executive advantage cp cir politics 2nc distinguish cp warfighting da 1nr case 2nr warfighting da case
Kentucky
3
Opponent: Stanford GR | Judge: Kyle Deming
2nr extra-t and warfighting da as case turn
Kentucky
6
Opponent: NU OS | Judge: Nick Miller
1ac drone courts 2nc militarism k case defense 1nr politics case defense 2nr militarism k case defense
Kentucky
7
Opponent: Michigan CH | Judge: Calum Matheson
1ac drones due process biz 2nc warfighting da case 1nr politics case 2nr politics
1NC K Militarism DA Soft Power russia mpx T OCO BLOCK K T 2NR K
Texas
2
Opponent: UNLV KO | Judge: Ricky Garner
2nr fw and outsourcing DA
Texas
4
Opponent: UNT AK | Judge: Em Parker
1ac remove the part of the NDAA that allows indefinite detention of the indigenous 2nr framework
Texas
6
Opponent: Michigan State BS | Judge: Austin Woodruff
1ac require congressional approval before UN military stuff 1nc TPA politics ESR CP militarism k t - in is throughout 2nc k and t 1nr case 2nr k
Texas
8
Opponent: Michigan State CZ | Judge: Andrea Reed
1ac require congressional authorization prior to introduction of armed forces into armed conflict 1nc TPA politics militarism K South Korea PIC 2nc warfighting case turns 1nr Korea PIC 2nr warfighting case turns
USC
2
Opponent: Rochester RS | Judge: Martin Osborn
1ac read poetry talked about the tongva in california 1nc framework chow k fuck k nonviolence k 2nc fw 1nr nonviolence k 2nr fw
Wake
1
Opponent: USC HS | Judge: Tom Glineicki
1AC NSC detention 2nr warfighting and case
Wake
4
Opponent: UNT MQ | Judge: Ben Meiches
1AC Intro of AF - nuclear power 2NR consumption k
Wake
5
Opponent: MSU BS | Judge: Peter Susko
1AC requires congressional declaration of war 2NR PIC out of Israel
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Cites
Entry
Date
00 Cap K
Tournament: UMKC | Round: 3 | Opponent: UMKC AF | Judge: Donny Peters THE REDUCTION OF CLASS TO A NEUTRAL LEVEL AMONG A LONG LIST OF OTHER OPPRESSIONS SUCH AS RACISM DESTROYS THE EMANCIPATORY POTENTIAL OF CLASS TO REACH ACROSS ALL LINES OF INDENTITY AND FORGE POLITICAL ACTION. CLASS MUST BE RECOGNIZED AS QUALITATIVELY MORE IMPORTANT—OTHERWISE THE SYSTEM IS ABLE TO SATISFY DEMANDS ON GROUNDS OF FORMAL EQUALITY, DESTROYING ATTEMPTS TO OVERCOME CAPITALIST OPPRESSION*
There are many competing theories of race, gender, class, American society, AND thirty six times (Andersen and Collins, 1995: 1-9). I agree with the importance of learning from the experience of all groups, especially AND relations and interactions are "raced," "classed," and "gendered." In the RGC perspective, race, gender and class are presented as equivalent systems AND anywhere from three or four to twelve "classes" can be identified). ~Con’Td~
~Cont’d~ From the standpoint of Marxist theory, however, class is qualitatively different from gender AND just one oppression among others, intersectionality will not realize its revolutionary potential. Nevertheless, I want to argue against the notion that class should be considered equivalent AND what happens in social interactions grounded in "intersectionality" is class power.
The aff makes class invisible—that makes racism inevitable
DETERMINISM OF CAPITAL IS RESPONSIBLE FOR THE INSTRUMENTALIZATION OF ALL LIFE—IT IS THIS LOGIC THAT MOBILIZES AND ALLOWS FOR THE 1AC’S SCENARIOS IN THE FIRST PLACE
DYER-WITHERFORD (professor of Library and Info. Sciences at the U of Western Ontario) 1999 ~Nick. Cyber Marx: Cycles and Circuits of Struggle in High Technology Capitalism.~
For capitalism, the use of machines as organs of "will over nature" is an imperative. The great insight of the Frankfurt School—an insight subsequently improved and amplified by feminists and ecologists—was that capital’s dual project of dominating both humanity and nature was intimately tied to the cultivation of "instrumental reason" that systematically objectifies, reduces, quantifies and fragments the world for the purposes of technological control.
Business’s systemic need to cheapen labor, cut the costs of raw materials, AND degree to which this project of mastery has backfired is all too obvious.
Vote Negative to validate and adopt our method of capitalist critique
THIS IS NOT THE ALTERNATIVE, BUT IN TRUTH THE ONLY OPTION—A RADICAL SOCIALIST REIMAGINATION OF POLITICS IS THE ONLY SOLUTION TO THE CRISIS OF CAPITAL—INSTITUTIONAL POLITICAL ACTION IS THE ROAD TO NOWHERE AS CAPITALIST INERTIA WILL DESTROY ANY RADICAL COMPONENT
MESZAROS (Prof. Emeritus @ Univ. Sussex) 1995 ~Istavan, Beyond Capital: Towards a Theory of Transition, wyo~
p. 451 Given the existing social division of labour, this questioning in the first place cannot arise anywhere else but in the ’political arena properly so called’ (Marx). If, however, the questioning remains trapped within the confines of the strictly institutional forms of political action, it is bound to be defeated by the necessary reemergence of the past economic and political/institutional inertia. The alternative to being trapped in this way is to use the critical/liberating potentials inherent in the historically favourable moment of socialist politics so as to turn its radical aims into an enduring dimension of the social body as a whole. And to do this by asserting and diffusing its own transient power through an effective transfer of power to the sphere of mass self-activity. The failure to consciously pursue such course of action can only turn defeat from a more or less real possibility into a self-imposed certainty. This is why the aim of ’restructuring the economy’ badly needs qualifications. For in our present context its inner truth reveals itself as the need for a radical structuring of politics itself through which the realization of socialist economic aims first becomes feasible at all.
This utilization of Native Americans as a site for knowledge-gathering is inseparable from the militaristic logic which views everything in terms of its usefulness to the US – the affirmative’s assistance can only show us a target to be destroyed by US bombs—nuclear genocide is inevitable in the world of the affirmative.
Rey Chow, Comparative Literature—Brown University, 2006 The Age of the World Target, p. 40-42 Often under the modest and apparently innocuous agendas of fact gathering and documentation, the AND literature into a full-scale preoccupation with identity and its construction."57
You should reject the affirmative because of their failure to question the indebtedness of their intellectual project to institutions mired in the very privilege they sanctimoniously criticize—the 1ac c-x says the "only way" is to allow subjugated forms of knowledge —- their qualifications of and exhibition of authority over these forms of knowledge only crowd them out —- your obligation as an intellectual is to struggle against becoming the object and instrument of power.
Rey Chow, Comparative Literature—Brown University, 1993 Writing Diaspora, p. 16-17 While the struggle for hegemony remains necessary for many reasons – especially in cases where AND off field, in the military no less than in the academic sense?
====asking how the executive should be allowed to conduct war masks the fundamental question of whether war should be allowed at all – ensures a military mentality==== - Accepting that war is inevitable even without realizing it is problematic Cady 10 (Duane L., prof of phil @ hamline university, From Warism to Pacifism: A Moral Continuum, pp. 22-23) The widespread, unquestioning acceptance of warism and the corresponding reluctance to consider pacifism as AND a given war or the morality of specific acts within a particular war.
That causes extinction and structural violence
- Another impact: freeing ourselves from war = more resources for peace Lawrence 9 (Grant, and#34;Military Industrial and#34;Warand#34; Consciousness Responsible for Economic and Social Collapse,and#34; OEN—OpEdNews, March 27) As a presidential candidate, Barack Obama-http://obama.senate.gov/ called Afghanistan-http://en.wikipedia.org/wiki/War_in_Afghanistan_282001E28093present29 ’’the war we must win. AND will be forced to live the life our present war consciousness is creating.
The alternative must begin in our minds – we need to free ourselves of the presumption towards war and advocate for peace and social justice to stop the flow of militarism that threatens existence
- Democracy itself is the product of searching for peaceful solutions Demenchonok 9 – Worked as a senior researcher at the Institute of Philosophy of the AND Economics and Sociology, Volume 68, Issue 1, Pages 9-49 Where, then, does the future lie? Unilateralism, hegemonic political anarchy, AND also of the extent, quality, and urgency of our present choices.
Only a foundational grounding in clear principles of nonviolence can facilitate a successful struggle for liberation. An approach that does not explicitly rule out violent tactics ensures an eventual move towards violence with counterproductive consequences
Domhoff 05, Professor of Sociology at UC Santa Cruz (William, Social Movements and Strategic Nonviolence, www2.ucsc.edu/whorulesamerica/change/science_nonviolence.html) Despite the effectiveness of strategic nonviolence, complete adherence to it has been abandoned by AND back up to 50 percent in 1966 and to 80 percent by 1980.
Violent resistance is intrinsically connected to violent masculinity and patriarchy. The move towards violence ensures resistance failure and subjugation of those seen as weak
Bartkowski 13, Senior Director at the International Center on Nonviolent Conflict (Maciej, Recovering Nonviolent History: Civil Resistance in Liberation Struggles, pg. 339) Changing entrenched views about the effectiveness of armed resistance is particularly hard as they are AND anticolonial stuggles, as indeed in other struggles against other kinds of oppression.
1/3/14
00 Norms Neolib K
Tournament: Harvard | Round: 3 | Opponent: Michigan CH | Judge: Collin Roark Liberal norm setting is a strategy to grant legitimacy to the global neoliberal order – marginalizes vulnerable populations and prevents true democracy Glinavos 2008 - Lecturer in Law, University of Reading (July 16, Ioannis, "Neoliberal Law: unintended consequences of market-friendly law reforms" Third World Quarterly Volume 29, Issue 6, google scholar)
Ugo Mattei has claimed that the discursive practices branded ’democracy and the rule of AND of the poor and middle classes from influencing the direction of society.33
The impact is extinction – the environmental byproducts of neoliberalism create gaps in ecosystem services, creating multiple, mutually reinforcing feedback effects – causes climate change, resource collapse, disease spread, and biodiversity collapse Ehrenfeld ’5, (David, Dept. of Ecology, Evolution, and Natural Resources @ Rutgers University, "The Environmental Limits to Globalization", Conservation Biology Vol. 19 No. 2 April 2005)
The known effects of globalization on the environment are numerous and highly significant. Many AND have become so thoroughly entwined with ours within the global environment we share. The alt develops an alternative ethical orientation towards economics, grounding it in an ethical empathy towards the other – re-orienting our methodological approach to the economy produces a new system of democratic institution and unites transnational movements Choi, Murphy, and Caro 4 Jung Min, John W, Manuel J, Professor of Sociology SDSU, Professor of Sociology University of Miami, Professor of Sociology Barry University, Globalization with a Human Face, pg. 6-9
Many critics have begun to wonder why hamburgers and jeans can be globalized, but AND less alienating ways? With little left to why not pursue alternative visions?
Bottom-up approaches are uniquely key to democratic development – cast your ballot in solidarity with the global resistance to the universalizing, falsely apolitical ’norms’ of the 1AC Mattei 9 – prof of law @ Hastings (Ugo, written with Marco de Morpurgo, M.Sc. Candidate, International University College of Turin, BOCCONI SCHOOL OF LAW, GLOBAL LAW 26 PLUNDER: THE DARK SIDE OF THE RULE OF LAW) In the complex spectrum of global law, both throughout the era of colonialism and AND from lack: the lack of world culture and of global political realism.
10/26/13
00 War Rhetoric K
Tournament: Harvard | Round: 1 | Opponent: Towson HW | Judge: Nate Cohn 1NC the rhetoric we use to describe our political strategies is incredibly important. Regardless of intentions, the language surrounding politics has effects that are beyond our control. The affirmative is the latest in a long trend of the use of militarized rhetoric in our everyday lives. The affirmative describes the educational space of this debate as a warzone. To declare "war" on debate is to energize a violent frenzy that creates oppositional politics based on hatred and enemy creation. Stuart 11 – prof of law @ Valparaiso (Susan, War As Metaphor And The Rule Of Law In Crisis: The Lessons We Should Have Learned From The War On Drugs, Southern Illinois University Law Journal, Vol. 36) Rhetoric has long been employed to persuade, even goad, people to action. AND consequence of which may be a fundamental change in the rule of law. The affirmative’s militarized rhetoric not only creates enemies and violent politics, it also actively papers over the real violence of militarism. To even begin to compare an academic discussion to the death and destruction of rifles, bombs, and missiles is a rhetorical strategy that actively numbs us to violence, as we accept more and more casual use of the term "war." Stuart 11 – prof of law @ Valparaiso (Susan, War As Metaphor And The Rule Of Law In Crisis: The Lessons We Should Have Learned From The War On Drugs, Southern Illinois University Law Journal, Vol. 36) Politicians and pundits have become immune to the ethics of war rhetoric. The rhetoric AND be targeted, what stops people from declaring war on Members of Congress? Their intent is irrelevant —- inclusion of militarized rhetoric corrupts their speech act Sanchez 13 – jd candidate @ Yale Law (Andrea Nill, Mexico’s Drug "War": Drawing a Line Between Rhetoric and Reality, THE YALE JOURNAL OF INTERNATIONAL LAW, Vol. 38: 467) Outside of legal academia, the late Wayne C. Booth—who dedicated his AND coherent. In this sense metaphors can be self-fulfilling prophecies.68
Restriction means prohibition of action – it’s distinct from supervision/oversight
Jean Schiedler-Brown 12, Attorney, Jean Schiedler-Brown 26 Associates, Appellant Brief of Randall Kinchloe v. States Dept of Health, Washington, The Court of Appeals of the State of Washington, Division 1, http://www.courts.wa.gov/content/Briefs/A01/68642920Appellant20Randall20Kincheloe27s.pdf 3. The ordinary definition of the term and#34;restrictionsand#34; also does not include AND some supervision conditions, but he did not agree to restrict his license.
Limitations on authority are not prohibitions
Goldsmith 13, Law Prof at Harvard (9/3, Jack, It is Hard to Write an AUMF, www.lawfareblog.com/2013/09/it-is-hard-to-write-an-aumf/ First, Congress needs to pay attention to the distinction between an authorization and a AND . Writing an AUMF that adequately empowers and constraints the President is hard.
The affirmative increases presidential authorization under the AUMF. The AUMF only authorizes force against those who were involved in 9/11 or groups who aided or harbored those groups at the time of the attack. The plan allows force against current allies of al Qaeda or the Taliban – it changes authorization from past tense to present tense.
AUMF 2001 http://www.gpo.gov/fdsys/pkg/PLAW-107publ40/pdf/PLAW-107publ40.pdf-http://www.gpo.gov/fdsys/pkg/PLAW-107publ40/pdf/PLAW-107publ40.pdf SEC. 2. AUTHORIZATION FOR USE OF UNITED STATES ARMED FORCES. (a) IN GENERAL.—That the President is authorized to use all necessary and appropriate force against those nations, organizations, or persons he determines planned, authorized, committed, or aided the terrorist attacks that occurred on September 11, 2001, or harbored such organizations or persons, in order to prevent any future acts of international terrorism against the United States by such nations, organizations or persons.
This is how they solve their first advantage. The AUMF currently only authorizes force against groups with a direct connection to 9/11 –but the affirmative expands the AUMF authorization to include new groups - which means it is an enhancement of presidential authority it is not a restriction
Coronogue 12, JD at duke (Graham, A NEW AUMF: DEFINING COMBATANTS IN THE WAR ON TERROR, scholarship.law.duke.edu/cgi/viewcontent.cgi?article=129426context=djcil) The AUMF must be updated. In 2001, the AUMF authorized force to fight AND behind the authorization and has simply acquiesced to the President’s exercise of broad authority
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)
C – Vote neg –
First is Decisionmaking
The primary purpose of debate should be to improve our skills as decision-makers. We are all individual policy-makers who make choices every day that affect us and those around us. We have an obligation to the people affected by our decisions to use debate as a method for honing these critical thinking and information processing abilities.
Austin J. Freeley and David L. Steinberg – John Carroll University / U Miami – 2009, Argumentation and Debate: Critical Thinking for Reasoned Decision Making, p. 1-4, googlebooks After several days of intense debate, first the United States House of Representatives and AND customer for out product, or a vote for our favored political candidate.
Specifically, through discussing paths of government action, debate teaches us to be better organizational decision makers. Learning about the uniquely different considerations of organizations is necessary to affecting change in a world overwhelmingly dominated by institutions.
Because organizations matter. Forget the stories of heroic individuals written in your middle school AND right program for you and use your time well, can do both.
Additionally, The best route to improving decision-making is through discussion about public policy
Mutually accessible information – There is a wide swath of literature on governmental policy topics – that ensures there will be informed, predictable, and in-depth debate over the aff’s decision. Individual policymaking is highly variable depending on the person and inaccessible to outsiders.
Harder decisions make better decisionmakers – The problems facing public policymakers are a magnitude greater than private decisions. We all know plans don’t actually happen, but practicing imagining the consequences of our decisions in the high-stakes games of public policymaking makes other decisionmaking easier.
External actors – the decisions we make should be analyzed not in a vacuum but in the complex social field that surrounds us
Second is Predictable Limits - The resolution proposes the question the negative is prepared to answer and creates a bounded list of potential affs for us to think about. Debate has unique potential to change attitudes and grow critical thinking skills because it forces pre-round internal deliberation on a of a focused, common ground of debate
Robert E. Goodin and Simon J. Niemeyer- Australian National University- 2003, When Does Deliberation Begin? Internal Reflection versus Public Discussion in Deliberative Democracy, POLITICAL STUDIES: 2003 VOL 51, 627–649, http://onlinelibrary.wiley.com/doi/10.1111/j.0032-3217.2003.00450.x/pdf What happened in this particular case, as in any particular case, was in AND least one possible way of doing that for each of those key features.
Third is Dogmatism – Most problems are not black and white but have complex, uncertain interactions. They prevent us from understanding the nuances of an incredibly important and complex issue. This is the epitome of dogmatism
Keller, et. al,– Asst. professor School of Social Service Administration U. of Chicago - 2001 (Thomas E., James K., and Tracly K., Asst. professor School of Social Service Administration U. of Chicago, professor of Social Work, and doctoral student School of Social Work, "Student debates in policy courses: promoting policy practice skills and knowledge through active learning," Journal of Social Work Education, Spr/Summer 2001, EBSCOhost) John Dewey, the philosopher and educational reformer, suggested that the initial advance in AND systems, the learning process will be facilitated" (p. 28). The authors believe that involving students in substantive debates challenges them to learn and grow AND yield a reevaluation and reconstruction of knowledge and beliefs pertaining to the issue.
Our method solves – Even if the resolution is wrong, having a devil’s advocate in deliberation is vitally important to critical thinking skills and avoiding groupthink
Interpretation - "Hostilities" means active exchanges of fire between hostile forces Leigh and Hoffmann cited in Lorber ’13 Eric Lorber – January 2013, EXECUTIVE WARMAKING AUTHORITY AND OFFENSIVE CYBER OPERATIONS: CAN EXISTING LEGISLATION SUCCESSFULLY CONSTRAIN PRESIDENTIAL POWER?, J.D. Candidate, University of Pennsylvania Law School, Ph.D Candidate, Duke University Department of Political Science, JOURNAL OF CONSTITUTIONAL LAW Vol. 15:3 , https://www.law.upenn.edu/live/files/1773-lorber15upajconstl9612013 See, e.g., War Powers: A Test of Compliance Relative to the Danang Sealift, the Evacuation of Phnom Penh, the Evacuation of Saigon, and the Mayaguez Incident: Hearings Before the Subcomm. on Int’l Sec. and Scientific Affairs of the H. Comm. on Int’l Relations, 94th Cong. 38–39 (1975) (letter from State Dep’t Legal Adviser Monroe Leigh 26 Dep’t of Def. Gen. Counsel Martin R. Hoffmann to Chairman Clement J. Zablocki) ~hereinafter Leigh 26 Hoffman~ (defining "hostilities" "to mean a situation in which units of the U.S. armed forces actively engaged in exchanges of fire with opposing units of hostile forces . . . .").
Violation – The aff changes policies for US foreign military bases – those aren’t engaged in exchange of fire Jules Dufour – July 2007, President of the United Nations Association of Canada (UNA-C) – Saguenay-Lac-Saint-Jean branch and Research Associate at the Center for Research on Globalization (CRG). He is Emeritus Professor of Geography at the University of Quebec, The Worldwide Network of US Military Bases, http://www.globalresearch.ca/the-worldwide-network-of-us-military-bases-http://www.globalresearch.ca/the-worldwide-network-of-us-military-bases Military bases are conceived for training purposes, preparation and stockage of military equipment, used by national armies throughout the World. They are not very well known in view of the fact that they are not open to the public at large. Even though they take on different shapes, according to the military function for which they were established; they can broadly be classified under four main categories : a) Air Force Bases (see photos 1 and 2); b) Army or Land Bases; c) Navy Bases and d) Communication and Spy Bases.
10/27/13
01 T OCOs
Tournament: UMKC | Round: 1 | Opponent: Baylor BB | Judge: Chris Stone Interpretation – Offensive cyber operations are hostile actions against a computer system that destroy or steal information National Research Council – 2009, William A. Owens, Kenneth W. Dam, and Herbert S. Lin (editors), National Academy of Sciences, Technology, Policy, Law, and Ethics Regarding U.S. Acquisition and Use of Cyberattack Capabilities, http://www.lawfareblog.com/wp-content/uploads/2013/01/NRC-Report.pdf In practice, hostile actions against a computer system or network can take two forms AND indeed, the best cyberexploitation is one that such a user never notices. Preemptive cyber-attacks are defensive Dycus 10, Professor of National Security Law at Vermont (Stephen, Congress’ Role in Cyber Warfare, http://jnslp.com/wp-content/uploads/2010/08/11_Dycus.pdf) Cyber warfare, as that term is used here, refers to conflicts that utilize AND , Congress has a role to play in adopting policy for that use.
The aff stops preemption which is a defensive cybersecurity operations that don’t execute hostile actions against computers and/or networks
Vote Neg
Limits – Cybersecurity includes a whole list of potential defensive activities: public-private partnerships, cybersecurity mandates, military protection of civilian cyber assets like the grid, defense of military assets including nukes, etc. That adds at least 4 new areas to the 4 already in the topic – neg can’t keep up. 2. Ground – Cybersecurity is about domestic cyber activities – skirts all our core DAs about the president’s conduct of war abroad and gives the aff unfair, unpredictable advantage ground 3. Extra T is a voting issue – Severing the untopical parts of the aff force the neg to go for T just to get back to zero – no time to go for a substantive strategy and T
10/26/13
01 T Transparency
Tournament: UMKC | Round: 8 | Opponent: Texas BJ | Judge: Phil Samuels Interpretation – A restriction limits allowable action Oxford Advanced Learner’s Dictionary – 2013, http://oald8.oxfordlearnersdictionaries.com/dictionary/restriction-http://oald8.oxfordlearnersdictionaries.com/dictionary/restriction restriction NOUN 1 ~countable~ a rule or law that limits what you can do or what can happen import/speed/travel, etc. restrictions restriction on something to impose/place a restriction on something The government has agreed to lift restrictions on press freedom. There are no restrictions on the amount of money you can withdraw. 2 ~uncountable~ the act of limiting or controlling somebody/something sports clothes that prevent any restriction of movement A diet to lose weight relies on calorie restriction in order to obtain results. 3 ~countable~ a thing that limits the amount of freedom you have the restrictions of a prison
War power is the power to conduct war successfully HIRABAYASHI v. UNITED STATES - SUPREME COURT - June 21, 1943, Decided, 320 U.S. 81; 63 S. Ct. 1375; 87 L. Ed. 1774; 1943 U.S. LEXIS 1109 The war power of the national government is "the power to wage war successfully AND review of the wisdom of their action or substitute its judgment for theirs.
Authority is the power to act COURT OF APPEALS OF TENNESSEE, EASTERN SECTION - October 31, 1925, Decided, RACY CREAM COMPANY v. MARY BELLE WALDEN., 1 Tenn. App. 653; 1925 Tenn. App. LEXIS 85 While the circumstances in and of themselves do not necessarily show that the driver was AND . Jurisdiction. The word is generally used to express a derivative power." Violation – the aff does not place a restriction on the ability of the President to conduct war — they just release information publicly available Vote Neg
Predictable limits – there are an infinite number of information requirements like distributing detention or banning the use of redactos for drones 2. Ground – "Presidential flexibility bad" is core negative ground – post-hoc transparency requirements leave every presidential power on the table
10/26/13
02 Bond DA
Tournament: Harvard | Round: 6 | Opponent: Georgia CS | Judge: Seth Gannon Bond The court will rule in favor of Bond on federalism grounds Bettauer 13, Visiting scholar at George Washington University Law School and a former Deputy Legal Adviser at the U.S. Department of State (Supreme Court May Consider How Broadly the "Necessary and Proper" Clause of the Constitution Authorizes Legislation to Implement Treaties, www.asil.org/insights130311.cfm) After Carol Anne Bond discovered that her friend Myrlinda Haynes had become pregnant as a AND to statutes purporting to implement a valid treaty" as a "startling result The aff decks legitimacy and court capital 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) Indeed, a court concerned about conserving its own institutional power might be more likely AND push it in the direction of intervention, rather than deference or avoidance. There’s limited capital to overrule other branches—-the plan trades off Rappaport Law San Diego ’4 (Michael B.-, Fall, Northwestern University Law Review, "The Rehnquest Court: It’s the O’Connor Court: A Brief Discussion of Some Critiques of the Rehnquist Court and Their Implications for Administrative Law", Lexis; Jacob)
One important element of O’Connor and Kennedy’s judicial behavior is that they appear especially concerned with protecting the Court’s political capital. Consequently, these Justices would be unlikely to reach too many decisions that would lead to significant attacks on the Court. Many of the decisions that have been criticized for excessive judicial supremacy are actually better AND "conservative" Justices - O’Connor, Kennedy, and Rehnquist - bolted. A similar analysis applies to Planned Parenthood v. Casey, where the joint opinion AND precedent while suggesting that the decision was wrong as an original matter. 49 Finally, the Court’s federalism decisions can also be understood as an element of Justice AND anything that would provoke the strong reactions that occurred during the New Deal. Ruling in favor of Bond is key to federalism Connelly et al. 2013 - Constitutional attorney and the Executive Director of the United States Justice Foundation (May 15, Michael, Herbert W. Titus, Robert J. Olson, William J. Olson, John S. Miles, Jeremiah L. Morgan, "BRIEF AMICUS CURIAE OF U.S. CONGRESSMAN STEVE STOCKMAN, GUN OWNERS FDN., GUN OWNERS OF AMERICA,CITIZENS UNITED’S AMERICAN SOVEREIGNTY ACTION PROJECT, U.S. JUSTICE FDN., THE LINCOLN INSTITUTE, INSTITUTE ON THE CONSTITUTION, THE ABRAHAM LINCOLN FDN., DOWNSIZE DCFDN., DOWNSIZEDC.ORG, POLICY ANALYSIS CENTER,CONSERVATIVE LEGAL DEF. AND ED. FUND, AND TENTH AMENDMENT CENTER IN SUPPORT OF PETITIONER" http://www.lawandfreedom.com/site/constitutional/BondII_Amicus.pdf-http://www.lawandfreedom.com/site/constitutional/BondII_Amicus.pdf)
Other indicators of what one might call the "return of nationalism" are to AND Kurdish provinces, one wonders why the need for the KRG’s drastic response.
That is why it is interesting to observe that the idea of decentralisation is, AND change protesters and tribal notables who once fought them alongside the central government.
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.
10/27/13
02 Congress Warfighting DA
Tournament: Harvard | Round: 3 | Opponent: Michigan CH | Judge: Collin Roark Obama’s Syria maneuver has maximized presidential war powers because it’s on his terms Posner 9/3, Law Prof at University of Chicago (Eric, Obama Is Only Making His War Powers Mightier, www.slate.com/articles/news_and_politics/view_from_chicago/2013/09/obama_going_to_congress_on_syria_he_s_actually_strengthening_the_war_powers.html) President Obama’s surprise announcement that he will ask Congress for approval of a military attack AND and avoid it when he knows that it will stand in his way. Statutory restriction of Presidential War Powers makes warfighting impossible Yoo 12 – prof of law @ UC Berkeley (John, War Powers Belong to the President, ABA Journal February 2012 Issue, http://www.abajournal.com/magazine/article/war_powers_belong_to_the_president) we do not endorse the ableist language used in this card, but have left it in to preserve the author’s intent. we apologize for the author’s inappropriate use of the word "paralyze" The framers realized the obvious. Foreign affairs are unpredictable and involve the highest of AND time to introduce sweeping, untested changes in the way we make war. The plan spills over to broader Congressional decisionmaking Paul 2008 - Senior Social Scientist; Professor, Pardee RAND Graduate School Pittsburgh Office Education Ph.D., M.A., and B.A. in sociology, University of California, Los Angeles (September, Christopher, "US Presidential War Powers: Legacy Chains in Military Intervention Decisionmaking* ," Journal of Peace Research, Vol. 45, No. 5 (Sep., 2008), pp. 665-679)
Legacy Chains Finegold 26 Skocpol (1995: 222) describe policy legacies: Past and present AND law (see the extended ex ample presented later in the article).1
Executive control of warmaking is key to avoiding nuclear war and terrorism Li 2009 - J.D. candidate, Georgetown University Law Center, 2009; B.A., political science and history, Yale University (Zheyao, "War Powers for the Fourth Generation: Constitutional Interpretation in the Age of Asymmetric Warfare," 7 Geo. J.L. 26 Pub. Pol’y 373 2009 WAR POWERS IN THE FOURTH GENERATION OF WARFARE)
A. The Emergence of Non-State Actors Even as the quantity of nation-states in the world has increased dramatically since AND and action necessary to prevail in fourth-generational conflicts against fourthgenerational opponents.
10/26/13
02 Congress Warfighting DA
Tournament: Harvard | Round: 3 | Opponent: Michigan CH | Judge: Collin Roark Obama’s Syria maneuver has maximized presidential war powers because it’s on his terms Posner 9/3, Law Prof at University of Chicago (Eric, Obama Is Only Making His War Powers Mightier, www.slate.com/articles/news_and_politics/view_from_chicago/2013/09/obama_going_to_congress_on_syria_he_s_actually_strengthening_the_war_powers.html) President Obama’s surprise announcement that he will ask Congress for approval of a military attack AND and avoid it when he knows that it will stand in his way. Statutory restriction of Presidential War Powers makes warfighting impossible Yoo 12 – prof of law @ UC Berkeley (John, War Powers Belong to the President, ABA Journal February 2012 Issue, http://www.abajournal.com/magazine/article/war_powers_belong_to_the_president) we do not endorse the ableist language used in this card, but have left it in to preserve the author’s intent. we apologize for the author’s inappropriate use of the word "paralyze" The framers realized the obvious. Foreign affairs are unpredictable and involve the highest of AND time to introduce sweeping, untested changes in the way we make war. The plan spills over to broader Congressional decisionmaking Paul 2008 - Senior Social Scientist; Professor, Pardee RAND Graduate School Pittsburgh Office Education Ph.D., M.A., and B.A. in sociology, University of California, Los Angeles (September, Christopher, "US Presidential War Powers: Legacy Chains in Military Intervention Decisionmaking* ," Journal of Peace Research, Vol. 45, No. 5 (Sep., 2008), pp. 665-679)
Legacy Chains Finegold 26 Skocpol (1995: 222) describe policy legacies: Past and present AND law (see the extended ex ample presented later in the article).1
Executive control of warmaking is key to avoiding nuclear war and terrorism Li 2009 - J.D. candidate, Georgetown University Law Center, 2009; B.A., political science and history, Yale University (Zheyao, "War Powers for the Fourth Generation: Constitutional Interpretation in the Age of Asymmetric Warfare," 7 Geo. J.L. 26 Pub. Pol’y 373 2009 WAR POWERS IN THE FOURTH GENERATION OF WARFARE)
A. The Emergence of Non-State Actors Even as the quantity of nation-states in the world has increased dramatically since AND and action necessary to prevail in fourth-generational conflicts against fourthgenerational opponents.
House Republicans are taming members’ expectations ahead of the debt limit showdown, signaling that they may not be able to extract significant concessions from Democrats. A Friday memo to GOP members by Majority Leader Eric Cantor (R-VA) says and#34;the House will act to prevent a default on our obligations beforeand#34; the mid-October deadline the Obama administration has established. and#34;House Republicans,and#34; he says, and#34;will demand fiscal reforms and pro-growth policies which put us on a path to balance in ten years in exchange for another increase in the debt limit.and#34; The language is vague — intentionally so, in order to maintain wiggle room for Republicans to avert a disastrous debt default. President Barack Obama has vowed not to pay a ransom to ensure the U.S. can meet its obligations. If and when they do cave, Republicans will be hard-pressed to show their base they got something in return for raising the debt ceiling. In January, they got Senate Democrats to agree to pass a non-binding budget resolution. This time around, the possibilities for symbolic concessions range from a doomed Senate vote to delay or defund Obamacare or instructions to initiate the process of tax reform. There are a number of demands rank-and-file Republicans have urged leaders to make which could genuinely complicate the battle, such as dollar-for-dollar spending cuts or unwinding Obamacare. Cantor’s memo mentioned neither. GOP members have also called on leadership not to bring up any debt limit bill that lacks the support of half the conference. Boehner hasn’t committed to this and Cantor didn’t mention it in his memo. There are several reasons Republicans will have a hard time extracting concessions. Back in January, when Obama held firm and refused to negotiate on the debt limit, Republicans folded and agreed to suspend the debt ceiling without substantial concessions but rather symbolic ones. And due to deep divisions within the conference, House Republicans will face enormous challenges in rounding up 218 votes to pass any conceivable debt limit hike. The party’s top priority is to cut safety-net programs like Social Security and Medicare. But there’s no internal consensus on what to cut. And Republicans, whose constituents are disproportionately older, have generally refused to vote on entitlement cuts without bipartisan cover from Democrats. In this case Democrats are highly unlikely to give it to them, which complicates their task of passing a debt limit bill. The Cantor memo makes it all but official that Republicans won’t seek to defund Obamacare AND derailing this train wreck and replacing it with a patient-centered system.and#34; The GOP’s big stand in the fiscal battles will be to force Obama to accept the lower spending levels ordered by sequestration — automatic spending cuts enacted in 2011 — in a measure to keep the government funded. Here Republicans will refuse to cede and the White House has not suggested it’ll veto a bill that maintains sequester spending levels, although Obama wants to cut a deal to replace the sequester. and#34;In signing a CR at sequester levels,and#34; Cantor writes, and#34;the President would be endorsing a level of spending that wipes away all the increases he and Congressional Democrats made while they were in charge and returns us to a pre-2008 level of discretionary spending.and#34; Fighting to defend his war power will sap Obama’s capital, trading off with rest of agenda Kriner, 10 —- assistant professor of political science at Boston University (Douglas L. Kriner, and#34;After the Rubicon: Congress, Presidents, and the Politics of Waging Warand#34;, University of Chicago Press, Dec 1, 2010, page 68-69)
While congressional support leaves the president’s reserve of political capital intact, congressional criticism saps AND counties that had suffered the highest casualty rates in the Iraq War. 60 In addition to boding ill for the president’s perceived political capital and reputation, such AND rear-guard action against congressional critics of the war in Iraq.61 When making their cost-benefit calculations, presidents surely consider these wider political costs of congressional opposition to their military policies. If congressional opposition in the military arena stands to derail other elements of his agenda, all else being equal, the president will be more likely to judge the benefits of military action insufficient to its costs than if Congress stood behind him in the international arena.
Before President Obama speaks to the nation about Syria tonight, take a look at what this fall will look like inside America. There are 49 million people in the country who suffered inadequate access to food in 2012, leaving the percentage of and#34;food-insecureand#34; Americans at about one-sixth of the US population. At the same time, Congress refused to pass food-stamp legislation this summer, pushing it off again and threatening draconian cuts. The country will crash into the debt ceiling in mid-October, which would be an economic disaster, especially with a government shutdown looming at the same time. These are deadlines that Congress already learned two years ago not to toy with, but memories appear to be preciously short. The Federal Reserve needs a new chief in three months, someone who will help AND to some – with a Congress already unwilling to do the President’s bidding. Congress was supposed to pass a farm bill this summer, but declined to do so even though the task is already two years late. As a result, the country has no farm bill, leaving agricultural subsidies up in the air, farmers uncertain about what their financial picture looks like, and a potential food crisis on the horizon. The two main housing agencies, Fannie Mae and Freddie Mac, have been in limbo for four years and are desperately in need of reform that should start this fall, but there is scant attention to the problem. These are the problems going unattended by the Obama administration while his aides and cabinet members have been wasting the nation’s time making the rounds on television and Capitol Hill stumping for a profoundly unpopular war. The fact that all this chest-beating was for naught, and an easy solution seems on the horizon, belies the single-minded intensity that the Obama White House brought to its insistence on bombing Syria. More than one wag has suggested, with the utmost reason, that if Obama had brought this kind of passion to domestic initiatives, the country would be in better condition right now. As it is, public policy is embarrassingly in shambles at home while the administration throws all of its resources and political capital behind a widely hated plan to get involved in a civil war overseas. The upshot for the president may be that it’s easier to wage war with a foreign power than go head-to-head with the US Congress, even as America suffers from neglect. This is the paradox that President Obama is facing this fall, as he appears to turn his back on a number of crucial and urgent domestic initiatives in order to spend all of his meager political capital on striking Syria. Syria does present a significant humanitarian crisis, which has been true for the past two years that the Obama administration has completely ignored the atrocities of Bashar al-Assad. Two years is also roughly the same amount of time that key domestic initiatives have also gone ignored as Obama and Congress engage in petty battles for dominance and leave the country to run itself on a starvation diet imposed by sequestration cuts. Leon Panetta tells the story of how he tried to lobby against sequestration only to be told: Leon, you don’t understand. The Congress is resigned to failure. Similarly, those on Wall Street, the Federal Reserve, those working at government agencies, and voters themselves have become all too practiced at ignoring the determined incompetence of those in Washington. Political capital – the ability to horse-trade and win political favors from a AND on the domestic tasks it wants to accomplish, one at a time. The president is scheduled to speak six times this week, mostly about Syria. That includes evening news interviews, an address to the nation, and numerous other speeches. Behind the scenes, he is calling members of Congress to get them to fall into line. Secretary of State John Kerry is omnipresent, so ubiquitous on TV that it may be easier just to get him his own talk show called Syria Today. It would be a treat to see White House aides lobbying as aggressively – and on as many talk shows – for a better food stamp bill, an end to the debt-ceiling drama, or a solution to the senseless sequestration cuts, as it is on what is clearly a useless boondoggle in Syria. There’s no reason to believe that Congress can have an all-consuming debate about Syria and then, somehow refreshed, return to a domestic agenda that has been as chaotic and urgent as any in recent memory. The President should have judged his options better. As it is, he should now judge his actions better.
This is the definition of a deficit, and it illustrates why the government needs AND they raise the debt ceiling — if they even raise it at all. If the debt ceiling isn’t lifted again this fall, some serious financial decisions will AND by most accounts, the largest self-imposed financial disaster in history. Nearly everyone involved predicts that someone will blink before this disaster occurs. Yet a AND record of that happening to the country that controls the global reserve currency. Like many, I assumed a self-imposed U.S. debt crisis AND would collapse far worse than anything we’ve seen in the past several years. Instead, Robert Auwaerter, head of bond investing for Vanguard, the world’s largest mutual-fun
d company, told me that the collapse might be more insidious. and#34;You AND . Indeed, interest rates would fall and the bond markets would soar. While this possibility might not sound so bad, it’s really far more damaging than AND U.S. would lose its unique role in the global economy. The U.S. benefits enormously from its status as global reserve currency and AND free asset more risky, the entire global economy becomes riskier and costlier. Nuclear war Friedberg and Schoenfeld 8 ~Aaron, Prof. Politics. And IR @ Princeton’s Woodrow Wilson School and Visiting Scholar @ Witherspoon Institute, and Gabriel, Senior Editor of Commentary and Wall Street Journal, and#34;The Dangers of a Diminished Americaand#34;, 10-28, http://online.wsj.com/article/SB122455074012352571.html-http://online.wsj.com/article/SB122455074012352571.html~~ Then there are the dolorous consequences of a potential collapse of the world’s financial architecture AND of these countries seek to divert attention from internal travails with external adventures.
House Republicans are taming members’ expectations ahead of the debt limit showdown, signaling that they may not be able to extract significant concessions from Democrats. A Friday memo to GOP members by Majority Leader Eric Cantor (R-VA) says "the House will act to prevent a default on our obligations before" the mid-October deadline the Obama administration has established. "House Republicans," he says, "will demand fiscal reforms and pro-growth policies which put us on a path to balance in ten years in exchange for another increase in the debt limit." The language is vague — intentionally so, in order to maintain wiggle room for Republicans to avert a disastrous debt default. President Barack Obama has vowed not to pay a ransom to ensure the U.S. can meet its obligations. If and when they do cave, Republicans will be hard-pressed to show their base they got something in return for raising the debt ceiling. In January, they got Senate Democrats to agree to pass a non-binding budget resolution. This time around, the possibilities for symbolic concessions range from a doomed Senate vote to delay or defund Obamacare or instructions to initiate the process of tax reform. There are a number of demands rank-and-file Republicans have urged leaders to make which could genuinely complicate the battle, such as dollar-for-dollar spending cuts or unwinding Obamacare. Cantor’s memo mentioned neither. GOP members have also called on leadership not to bring up any debt limit bill that lacks the support of half the conference. Boehner hasn’t committed to this and Cantor didn’t mention it in his memo. There are several reasons Republicans will have a hard time extracting concessions. Back in January, when Obama held firm and refused to negotiate on the debt limit, Republicans folded and agreed to suspend the debt ceiling without substantial concessions but rather symbolic ones. And due to deep divisions within the conference, House Republicans will face enormous challenges in rounding up 218 votes to pass any conceivable debt limit hike. The party’s top priority is to cut safety-net programs like Social Security and Medicare. But there’s no internal consensus on what to cut. And Republicans, whose constituents are disproportionately older, have generally refused to vote on entitlement cuts without bipartisan cover from Democrats. In this case Democrats are highly unlikely to give it to them, which complicates their task of passing a debt limit bill. The Cantor memo makes it all but official that Republicans won’t seek to defund Obamacare AND derailing this train wreck and replacing it with a patient-centered system." The GOP’s big stand in the fiscal battles will be to force Obama to accept the lower spending levels ordered by sequestration — automatic spending cuts enacted in 2011 — in a measure to keep the government funded. Here Republicans will refuse to cede and the White House has not suggested it’ll veto a bill that maintains sequester spending levels, although Obama wants to cut a deal to replace the sequester. "In signing a CR at sequester levels," Cantor writes, "the President would be endorsing a level of spending that wipes away all the increases he and Congressional Democrats made while they were in charge and returns us to a pre-2008 level of discretionary spending." Political capital is finite —- the plan would tradeoff with domestic economic priorities Moore, 9/10 —- Guardian’s US finance and economics editor (Heidi, 9/10/2013, "Syria: the great distraction; Obama is focused on a conflict abroad, but the fight he should be gearing up for is with Congress on America’s economic security," http://www.theguardian.com/commentisfree/2013/sep/10/obama-syria-what-about-sequester)-http://www.theguardian.com/commentisfree/2013/sep/10/obama-syria-what-about-sequester))
Before President Obama speaks to the nation about Syria tonight, take a look at what this fall will look like inside America. There are 49 million people in the country who suffered inadequate access to food in 2012, leaving the percentage of "food-insecure" Americans at about one-sixth of the US population. At the same time, Congress refused to pass food-stamp legislation this summer, pushing it off again and threatening draconian cuts. The country will crash into the debt ceiling in mid-October, which would be an economic disaster, especially with a government shutdown looming at the same time. These are deadlines that Congress already learned two years ago not to toy with, but memories appear to be preciously short. The Federal Reserve needs a new chief in three months, someone who will help AND to some – with a Congress already unwilling to do the President’s bidding. Congress was supposed to pass a farm bill this summer, but declined to do so even though the task is already two years late. As a result, the country has no farm bill, leaving agricultural subsidies up in the air, farmers uncertain about what their financial picture looks like, and a potential food crisis on the horizon. The two main housing agencies, Fannie Mae and Freddie Mac, have been in limbo for four years and are desperately in need of reform that should start this fall, but there is scant attention to the problem. These are the problems going unattended by the Obama administration while his aides and cabinet members have been wasting the nation’s time making the rounds on television and Capitol Hill stumping for a profoundly unpopular war. The fact that all this chest-beating was for naught, and an easy solution seems on the horizon, belies the single-minded intensity that the Obama White House brought to its insistence on bombing Syria. More than one wag has suggested, with the utmost reason, that if Obama had brought this kind of passion to domestic initiatives, the country would be in better condition right now. As it is, public policy is embarrassingly in shambles at home while the administration throws all of its resources and political capital behind a widely hated plan to get involved in a civil war overseas. The upshot for the president may be that it’s easier to wage war with a foreign power than go head-to-head with the US Congress, even as America suffers from neglect. This is the paradox that President Obama is facing this fall, as he appears to turn his back on a number of crucial and urgent domestic initiatives in order to spend all of his meager political capital on striking Syria. Syria does present a significant humanitarian crisis, which has been true for the past two years that the Obama administration has completely ignored the atrocities of Bashar al-Assad. Two years is also roughly the same amount of time that key domestic initiatives have also gone ignored as Obama and Congress engage in petty battles for dominance and leave the country to run itself on a starvation diet imposed by sequestration cuts. Leon Panetta tells the story of how he tried to lobby against sequestration only to be told: Leon, you don’t understand. The Congress is resigned to failure. Similarly, those on Wall Street, the Federal Reserve, those working at government agencies, and voters themselves have become all too practiced at ignoring the determined incompetence of those in Washington. Political capital – the ability to horse-trade and win political favors from a AND on the domestic tasks it wants to accomplish, one at a time. The president is scheduled to speak six times this week, mostly about Syria. That includes evening news interviews, an address to the nation, and numerous other speeches. Behind the scenes, he is calling members of Congress to get them to fall into line. Secretary of State John Kerry is omnipresent, so ubiquitous on TV that it may be easier just to get him his own talk show called Syria Today. It would be a treat to see White House aides lobbying as aggressively – and on as many talk shows – for a better food stamp bill, an end to the debt-ceiling drama, or a solution to the senseless sequestration cuts, as it is on what is clearly a useless boondoggle in Syria. There’s no reason to believe that Congress can have an all-consuming debate about Syria and then, somehow refreshed, return to a domestic agenda that has been as chaotic and urgent as any in recent memory. The President should have judged his options better. As it is, he should now judge his actions better.
This is the definition of a deficit, and it illustrates why the government needs AND they raise the debt ceiling — if they even raise it at all. If the debt ceiling isn’t lifted again this fall, some serious financial decisions will AND by most accounts, the largest self-imposed financial disaster in history. Nearly everyone involved predicts that someone will blink before this disaster occurs. Yet a AND record of that happening to the country that controls the global reserve currency. Like many, I assumed a self-imposed U.S. debt crisis AND would collapse far worse than anything we’ve seen in the past several years. Instead, Robert Auwaerter, head of bond investing for Vanguard, the world’s largest AND . Indeed, interest rates would fall and the bond markets would soar. While this possibility might not sound so bad, it’s really far more damaging than AND the course of decades, the U.S. would lose its un
ique role in the global economy. The U.S. benefits enormously from its status as global reserve currency and AND free asset more risky, the entire global economy becomes riskier and costlier.
A freeze on the debt ceiling could erode confidence in U.S. Treasury AND while potentially triggering greater global instability—perhaps even a global economic depression.
Urban food protests in response to rising food prices in low and middle income countries AND falling off as higher food prices drop their consumption below the survival level.
10/26/13
02 Flexibility DA
Tournament: UMKC | Round: 1 | Opponent: Baylor BB | Judge: Chris Stone Obama’s Syria maneuver has maximized presidential war powers because it’s on his terms Posner 9/3, Law Prof at University of Chicago (Eric, Obama Is Only Making His War Powers Mightier, www.slate.com/articles/news_and_politics/view_from_chicago/2013/09/obama_going_to_congress_on_syria_he_s_actually_strengthening_the_war_powers.html) President Obama’s surprise announcement that he will ask Congress for approval of a military attack AND and avoid it when he knows that it will stand in his way. Statutory restriction of Presidential War Powers makes warfighting impossible Yoo 12 – prof of law @ UC Berkeley (John, War Powers Belong to the President, ABA Journal February 2012 Issue, http://www.abajournal.com/magazine/article/war_powers_belong_to_the_president) we do not endorse the ableist language used in this card, but have left it in to preserve the author’s intent. we apologize for the author’s inappropriate use of the word "paralyze" The framers realized the obvious. Foreign affairs are unpredictable and involve the highest of AND and the passage of the ineffectual War Powers Resolution. Congress passed the reso
lution in 1973 over President Richard Nixon’s veto, and no president, Republican or AND time to introduce sweeping, untested changes in the way we make war. Limiting OCOs decks the military — YOUR AUTHOR Lorber 13 JD candidate at UPenn and PhD candidate at Duke (Eric, EXECUTIVE WARMAKING AUTHORITY AND OFFENSIVE CYBER OPERATIONS: CAN EXISTING LEGISLATION SUCCESSFULLY CONSTRAIN PRESIDENTIAL POWER?, www.law.upenn.edu/live/files/1773-lorber15upajconstl9612013) This analysis suggests that, given inherent weaknesses in the underlying statutory schemes, excluding AND , giving the President an increasingly powerful foreign policy tool outside congressional reach. Nuclear war Kagan and O’Hanlon 07, resident scholar at AEI and senior fellow in foreign policy at Brookings (Frederick and Michael, The Case for Larger Ground Forces, April, http://www.aei.org/files/2007/04/24/20070424_Kagan20070424.pdf) We live at a time when wars not only rage in nearly every region but AND intensive missions such as the ones now under way in Iraq and Afghanistan.
10/26/13
02 Korea Deterrence DA
Tournament: Harvard | Round: 6 | Opponent: Georgia CS | Judge: Seth Gannon NK DA 1NC Environmental regulations apply to all military ops except crisis response – that’s key to warfighting, especially in Korea Donald N. Zillman – January 1997, Dean and Edward Godfrey Professor of Law, University of Maine School of Law, BOOK REVIEW: Environmental Protection and the Mission of the Armed Forces, 65 Geo. Wash. L. Rev. 309
Dycus argues that "NEPA applies to national security activities of the federal government, AND Riot or natural disaster at home may call for the same military support.
Korea is the most volatile hotspot in the world and risk of North Korean miscalc is high – US deterrence across the DMZ is key MARTHA RADDATZ and LUIS MARTINEZ – 4/2/13, U.S. General Says North Korea Situation Is ’Volatile’ and ’Dangerous’, http://abcnews.go.com/International/us-general-north-korea-situation-volatile-dangerous/story?id=1886386426singlePage=true Gen. James Thurman, the top U.S. commander in South Korea AND during the farming season "so that they can have a good harvest."
The international community is increasingly aware that cooperative diplomacy is the most productive way to AND deeper drop in temperature than at any time during the last 1000 years.
The temperature over the continents would decrease substantially more than the global average. AND threat but a global one that warrants priority consideration from the international community.
Restricting U.S. detention policies causes the U.S. to get other countries to detain —- results in worse conditions
Chesney, 11 —- Professor of Law at UT (May 2011, Robert, Boston College Law Review, "ARTICLE: WHO MAY BE HELD? MILITARY DETENTION THROUGH THE HABEAS LENS," 52 B.C. L. Rev 769) 3. Balloon Squeezing: Resort to Alternative Mechanisms for Neutralizing the Enemy The question at hand today is whether the convergence trend will also find expression in the substantive grounds for detention. As we will see in the next Part, that is a central issue with which the judges in the habeas cases have been wrestling. n209 Before we move on to survey what they have had to say, however, a final observation is in order concerning the dynamic relationships implicated by the non-state actor scenario. The convergence thesis describes one manner in which law might respond to the cross- AND thus any resulting element of "control" may be quite weak). n210 From the point of view of the individual involved, all but the last of AND and that we now are progressing along the same path in Afghanistan. n212 Decisions regarding the calibration of a detention system—the management of the convergence process AND substantive grounds for detention takes place through the lens of habeas corpus litigation.
Where we outsource is comparatively worse than Guantanamo —- worse internal link to all of their impacts
Goldsmith 12 —- Professor of Law at Harvard (6/29/2012, Jack, "Proxy Detention in Somalia, and the Detention-Drone Tradeoff," http://www.lawfareblog.com/2012/06/proxy-detention-in-somalia-and-the-detention-drone-tradeoff/-http://www.lawfareblog.com/2012/06/proxy-detention-in-somalia-and-the-detention-drone-tradeoff/) There has been speculation about the effect of the Obama administration’s pinched detention policy – AND USG drone strikes and more outsourcing of rendition, detention, and interrogation: There are at least two problems with this general approach to incapacitating terrorists. AND at Guantanamo are more secure than detentions in Bagram or in third countries. The second problem is that terrorist suspects often end up in less favorable places AND out of sight, to a place where terrorist suspects are treated worse. The main response to this argument – especially as it applies to the detention- AND ); and that American interrogators are involved in questioning al-Shabab suspects. The thrust of Lake’s story is that the conditions of detention at the Bosaso Central AND of a detention-drone tradeoff will become harder and harder to defend.
Suspects end up getting rendered
Wilde, 5 —- Reader in Law, University College London, University of London (Spring 2005, Ralph, Michigan Journal of International Law, "ARTICLE: LEGAL "BLACK HOLE"? EXTRATERRITORIAL STATE ACTION AND INTERNATIONAL TREATY LAW ON CIVIL AND POLITICAL RIGHTS," 26 Mich. J. Int’l L. 739) As well as detaining terrorist suspects, it is also alleged that U.S AND order issued to the CIA following the attacks of 9/11. n38 ~*751~ As well as extraterritorial detentions operated by the United States directly, AND they are transferred. n44 It is suggested that the United States looks: to foreign allies more because their intelligence services can develop a culture of intimacy ~with the captives~ that Americans cannot. They may use interrogators who speak the captive’s Arabic dialect and often use the prospects of shame and the reputation of the captive’s family to goad the captive into talking. n45 U.S. officials also express the concern that when suspects are being transferred AND United States is also invoked to justify interrogating such suspects in third countries.
2/8/14
02 Warfighting DA - Courts
Tournament: Harvard | Round: 6 | Opponent: Georgia CS | Judge: Seth Gannon Warfighting 1NC – Courts Judicial deference to executive war powers high now McCormack 13, Professor of Law at Utah (8/20, Wayne, U.S. Judicial Independence: Victim in the "War on Terror", today.law.utah.edu/projects/u-s-judicial-independence-victim-in-the-war-on-terror/ One of the principal victims in the U.S. so-called " AND , or have examined with undue deference, the actions of government officials. Judicial restriction of Presidential War Powers makes warfighting impossible Knott 13, Professor of National Security Affairs at the United States Naval War College (8/22, Stephen F., War by Lawyer, www.libertylawsite.org/2013/08/22/war-by-lawyer/) It is important to keep this in mind in light of the recent National Security AND Howard, part of the ongoing drift toward the death of common sense. Court decisions spill over – military decisionmaking Chesney et al 10 – Senior Fellow of Governance Studies @ Brookings (Robert, Benjamin Wittes – Senior Fellow of Governance Studies @ Brookings, Rabea Benhalim – Legal Fellow of Governance Studies @ Brookings, The Emerging Law of Detention: The Guantánamo Habeas Cases as Lawmaking, http://www.brookings.edu/research/papers/2010/01/22-guantanamo-wittes-chesney) It is hard to overstate the resulting significance of these cases. They are more AND interrogation methods, or even the decision to target individuals with lethal force.
Executive control of warmaking is key to avoiding nuclear war and terrorism Li 2009 - J.D. candidate, Georgetown University Law Center, 2009; B.A., political science and history, Yale University (Zheyao, "War Powers for the Fourth Generation: Constitutional Interpretation in the Age of Asymmetric Warfare," 7 Geo. J.L. 26 Pub. Pol’y 373 2009 WAR POWERS IN THE FOURTH GENERATION OF WARFARE)
A. The Emergence of Non-State Actors Even as the quantity of nation-states in the world has increased dramatically since AND a transnational organization capable of simultaneously managing multiple operations all over the world.
"14 It is both centralized and decentralized: al-Qaeda is centralized in AND and action necessary to prevail in fourth-generational conflicts against fourthgenerational opponents.
10/27/13
03 Cyber XO CP
Tournament: UMKC | Round: 1 | Opponent: Baylor BB | Judge: Chris Stone The Executive branch of the United States federal government should issue an executive order to make the covert action regime the presumptive framework for offensive cyber operations and transfer authority to authorize the preemptive use of large-scale cyber attacks, except in direct support of authorized United States military operations. The executive branch should be held accountable and share information with legislators. The counterplan solves the case, ensure presidential flexibility and avoids politics Brecher, 12 —- J.D. Candidate, May 2013, University of Michigan Law School (December, Aaron P., Michigan Law Review, "Cyberattacks and the Covert Action Statute: Toward a Domestic Legal Framework for Offensive Cyberoperations," 111 Mich. L. Rev. 423))
III. Enacting the Covert Action Regime as Presumptive via Executive Order Cyberattacks present a challenge for U.S. policymakers: they are difficult to locate within a clear legal category and there is a significant risk of uncontrollable consequences associated with their use. As a result, policymakers must choose a paradigm to govern their use that will ensure that the executive branch is held accountable and shares information with legislators. This Part argues that the federal government should adopt the presumption that cyberattacks will be AND - enacting legislation - because of the practical difficulties of passing new legislation. The covert action regime is the best approach for committing cyberattacks under the current law AND . n146 Establishing a presumptive answer would go far toward resolving this dispute. Most importantly, adopting the covert action framework as the presumptive legal regime would be AND without unduly restricting the executive’s choice to use military authorities in appropriate circumstances.
10/26/13
03 Disabling PIC
Tournament: UMKC | Round: 3 | Opponent: UMKC AF | Judge: Donny Peters Text: We advocate the entirety of the 1ac except for their use of the word "disabling"
Their ableist scholarship necessitates eradication of those who are not mobile. Imrie prof geography @ U london 2k (Rob, "Disability and discourses of mobility and movement" Environment and Planning A 2000, volume 32, pages 1641-1656) Such discourses see disability as a social burden which is a private, not public AND see Paterson and Hughes (1999) for an amplification of these points~.
In a relevant test case, the United States Supreme Court should rule to increase the application of the National Environmental Policy act protocol. This ruling should be distinguished from and not held as precedent in cases involving the introduction of armed forces into hostilities.
Solves the precedent advantage and never results in the aff – Court can create a blanket rule for the application of precedent – just like a statute LARRY ALEXANDER - Professor of Law, University of San Diego - November, 1989, ARTICLE: CONSTRAINED BY PRECEDENT., 63 S. Cal. L. Rev. 1
The second model of precedential constraint is the rule model of precedent. Under the AND not be dependent on what any court other than the precedent court did.
10/27/13
03 Drone Transparency XO CP
Tournament: UMKC | Round: 8 | Opponent: Texas BJ | Judge: Phil Samuels The Executive branch of the United States federal government should give a speech explaining the rationale for targeted killings by drones after drone strikes. This empirically solves transparency Pearlstein, 13 —- Professor of Public and International Affairs at Princeton (3/26/2013, Congress Shouldn’t Give the President New Power to Fight Terrorists, www.slate.com/articles/news_and_politics/jurisprudence/2013/03/congress_shouldn_t_give_president_obama_new_power_to_fight_terrorists.html)
This is hardly to say the president’s decision to use force operates under no constraint AND the age of drones, Congress should explore strengthening that reporting requirement further.
The United States executive branch should close the national security exemption in NEPA to biodefense contractors and developers of advanced military technology.
10/27/13
03 Korea PIC
Tournament: Texas | Round: 8 | Opponent: Michigan State CZ | Judge: Andrea Reed
CP
Text: The United States Federal Government should require Congressional authorization prior to the introduction of United States Armed Forces into armed combat, unless to repel attacks on South Korea.
Korea is the most volatile hotspot in the world and risk of North Korean miscalc is high – US deterrence across the DMZ is key
Changes in US defense commitments below the nuclear threshold collapse extended deterrence in Korea
Linton Brooks and Mira Rapp-Hooper - Oct 2013, Extended Deterrence, Assurance, and Reassurance in the Pacific during the Second Nuclear Age, Brooks = badass, former nuclear sub commander, and nonresident senior adviser at CSIS, http://www.nbr.org/publications/element.aspx?id=706~~23.Uoi1Mfl1ySo The need to simultaneously deter China and North Korea, assure multiple allies, and AND fact of life and by working to implement modest confidence-building measures.
Cross-apply the 1ac impact
2/9/14
03 Notification CP
Tournament: UMKC | Round: 1 | Opponent: Baylor BB | Judge: Chris Stone The legislative branch of the United States Federal Government should prohibit the use of offensive cyber operations about which Congress has not been notified. The legislative branch should fully fund defensive cyber capabilities as per their second advantage. A notification requirement is necessary for legal norms Lorber 13, JD candidate at UPenn and PhD candidate at Duke (Eric, EXECUTIVE WARMAKING AUTHORITY AND OFFENSIVE CYBER OPERATIONS: CAN EXISTING LEGISLATION SUCCESSFULLY CONSTRAIN PRESIDENTIAL POWER?, www.law.upenn.edu/live/files/1773-lorber15upajconstl9612013) Should these statutes be adjusted (or new ones created) that give Congress additional AND and other nations develop and employ these capabilities with ever-greater frequency.
Text: The United States federal government should contribute Arabic-speaking diplomats with experience in Yemen to cooperation with Saudi Arabia, establish a joint center for public awareness, and establish a special fund to stabilize Yemen’s economy and provide humanitarian assistance.
Attacking AQAP’s Roots An al-Qaeda franchise has never been defeated by force alone AND further into chaos, the opportunity to implement these measures is fast diminishing.
10/26/13
04 Case vs Towson HW
Tournament: Harvard | Round: 1 | Opponent: Towson HW | Judge: Nate Cohn The affirmative’s focus on personal narratives and experiences creates a therapeutic model of debate that merely counsels the individual victims of oppression. This locates the cause of problems and solutions within the self, which invites political inaction and leaves structural causes of oppression untouched as long as we have adopted their method ~found survival strategies for blackness, opened debate up for inclusion of alternative perspectives, etc.~. This effectively absolves intellectuals of responsibility for racism while allowing it to thrive. Tonn 5 – assoc. prof of comm. @ u of Maryland (Mari, "Taking Conversation, Dialogue, and Therapy Public ," Rhetoric 26 Public Affairs 8.3 (2005) 405-430) Approaching public controversies through a conversational model informed by therapy also enables political inaction in AND get ’rid’ of responsibility for racism while doing nothing to solve it."77 This means the affirmative actively provides fuel to the fire of hegemonic debate practices. As long as the community provides an avenue for self-expression, the issue is resolved. This actively discourages structural solutions to problems of inequality because it makes narrative as a sufficient remedy. Tonn 5 – assoc. prof of comm. @ u of Maryland (Mari, "Taking Conversation, Dialogue, and Therapy Public ," Rhetoric 26 Public Affairs 8.3 (2005) 405-430) Fourth, a communicative model that views public issues through a relational, personal, AND defenders of the status quo to admonish citizens to "heal" themselves.
Their politics of resistance are politically amorphous. They refuse to be tied down to particular strategies and are more concerned with what they stand against than what they stand for. This is a focus on personal empowerment rather than wider social change, which builds up the legitimacy of liberalism by providing venues for the subject to assert him or herself. The affirmative ensures that everyone feels empowered, but nobody actually is. Brown 95—prof at UC Berkeley (Wendy, States of Injury, 21-3) For some, fueled by opprobrium toward regulatory norms or other modalities of domination, AND so forms an important element of legitimacy for the antidemocratic dimensions of liberalism.
Alt cause That eliminates solvency – Cyber espionage will be interpreted as Cyber attack
Willams 11, JD Harvard Law (Robert D., (Spy) Game Change: Cyber Networks, Intelligence Collection, and Covert Action, www.gwlr.org/wp-content/uploads/2012/08/79-4-R_Williams.pdf Cyber operations may influence the affairs of a foreign power or the relations between that AND heightened measure of ex ante caution with respect to authorization of such operations.
Executive circumvention ensures no solvency
Dycus 10, Professor of National Security Law at Vermont (Stephen, Congress’ Role in Cyber Warfare, http://jnslp.com/wp-content/uploads/2010/08/11_Dycus.pdf) Congress’s active role in the development and implementation of cyber warfare policy is no guarantee AND the importance of Congress’s role. Or they might be challenged in court.
A network of national security officials actually determines policy —- enacting external checks just legitimates them without providing any constraint
Executive lawyers instruct the president in how to circumvent the plan
Shane, 12 —- Jacob E. Davis and Jacob E. Davis II Chair in Law, The Ohio State University Moritz School of Law (Peter M., Journal of National Security Law 26 Policy, "Executive Branch Self-Policing in Times of Crisis: The Challenges for Conscientious Legal Analysis," 5 J. Nat’l Security L. 26 Pol’y 507)) II. The Breakdown of Government Lawyering The military and foreign policy disasters generated by AND would be malpractice. Government lawyering this bad should be grounds for discharge. 2nc CIA controls policy —- it empirically lies and gets what it wants Glennon, 14 —- Professor of International Law at Tufts (Michael, Harvard National Security Journal, "National Security and Double Government," http://harvardnsj.org/wp-content/uploads/2014/01/Glennon-Final.pdf)-http://harvardnsj.org/wp-content/uploads/2014/01/Glennon-Final.pdf)) Justice Douglas, a family friend of the Kennedys, saw the Trumanites’ influence first AND for authority to expand its drone program and launch new paramilitary operations.377
The plan can’t solve —- creates illusion of control that allows national security bureaucracy to flourish Glennon, 14 —- Professor of International Law at Tufts (Michael, Harvard National Security Journal, "National Security and Double Government," http://harvardnsj.org/wp-content/uploads/2014/01/Glennon-Final.pdf)-http://harvardnsj.org/wp-content/uploads/2014/01/Glennon-Final.pdf)) V. Is Reform Possible? Checks, Smoke, and Mirrors Madison, as noted at the outset,543 believed that a constitution must not only set up a government that can control and protect the people, but, equally importantly, must protect the people from the government.544 Madison thus anticipated the enduring tradeoff: the lesser the threat from government, the lesser its capacity to protect against threats; the greater the government’s capacity to protect against threats, the greater the threat from the government. Recognition of the dystopic implications of double government focuses the mind, naturally, on possible legalist cures to the threats that double government presents. Potential remedies fall generally into two categories. First, strengthen systemic checks, either by reviving Madisonian institutions—by tweaking them about the edges to enhance their vitality— or by establishing restraints directly within the Trumanite network. Second, cultivate civic virtue within the electorate. A. Strengthening Systemic Checks The first set of potential remedies aspires to tone up Madisonian muscles one by one AND ? What are the responsibilities not of the government but of the people?
It is a unique turn —- Madisonians’ role is decreasing now which risks exposing the illusion of double government Glennon, 14 —- Professor of International Law at Tufts (Michael, Harvard National Security Journal, "National Security and Double Government," http://harvardnsj.org/wp-content/uploads/2014/01/Glennon-Final.pdf)-http://harvardnsj.org/wp-content/uploads/2014/01/Glennon-Final.pdf)) E. Implications for the Future The aim of this Article thus far has been to explain the continuity in U AND will depart farther and farther from its position and fall to earth."503 If Bagehot’s theory is correct, the United States now confronts a precarious situation. AND stories, Holmes said, if people do not believe in ghosts.511 The executive always has the upper hand – rally around the leader effect Rojas, 12 —- Associate Professor of Sociology at Indiana University (4/16/2012, Fabio, "rachel maddow will not bring peace," http://orgtheory.wordpress.com/2012/04/16/rachel-maddow-will-not-bring-peace/-http://orgtheory.wordpress.com/2012/04/16/rachel-maddow-will-not-bring-peace/) Andrew Sullivan’s blog excerpted a passage from Rachel Maddow’s recent book. Understandably, Maddow’s book urges Congress to take a stand against war: When we go to war, we should raise taxes to pay for it. We should get rid of the secret military. The reserves should go back to being reserves. We should cut way back on the contractors and let troops peel their own potatoes. And above all, Congress should start throwing its weight around again… I agree in principle, but disagree on practice. Rules and institutions that end AND , legislatures can’t be trusted to assert their restraining role in most cases. The Obama administration has a stated preference for maintaining aggressive counterterror tactics – they ignore legal barriers Scheuerman, 13 —- Professor of Poli Sci at Indiana University (Spring 2013, William E., Constitutional Commentary, "BOOK REVIEW: BARACK OBAMA’S WAR ON TERROR: POWER AND CONSTRAINT: THE ACCOUNTABLE PRESIDENCY AFTER 9/11," 28 Const. Commentary 519)) Despite Obama’s initial promise to close it down, Guantanamo Bay (GTMO) remains AND lawyers can use classified information they may glean from detainees they represent. n13 Again reminiscent of its forerunner, the Obama Administration continues to practice rendition, and AND Bush, will not be facing prosecution under Attorney General Eric Holder. n15 Last but by no means least, the Obama Administration has gone beyond anything President AND jury, and executioner even in cases involving U.S. citizens. Civil libertarians may be exaggerating somewhat when they dub Obama’s war on terror "Bush Lite." Nonetheless, a powerful case can be made that Obama has in fact mostly followed in his predecessor’s footsteps, and that at least in one arena (i.e., targeted killings) he has in fact radicalized employment of one suspect, controversial Bush-era antiterrorism tool.
The president and DOD have a pressing interest in cyber attacks and attribution is impossible Stephen BENAVIDES, policy analyst and union organizer, Truthout, 13 ~July 30, 2013, "The Coming Cyber-Cold War: US Pioneering Online Attacks," http://truth-out.org/news/item/17714-the-coming-cyber-cold-war~~
The development and expansion of cyber-security, and hence cyber-warfare - AND -led arms race that undoubtedly will result in a cyber cold war. Before Edward Snowden released details about foreign and domestic spying program PRISM, low- AND and that the NSA attacked Tsinghua University, a research facility in China.
3/30/14
NDT RD 3 AT OCO Article 3
Tournament: NDT | Round: 3 | Opponent: Emory JS | Judge: Clark, Perkins, Stables 1nc Equipment collapse tanks readiness – your article Spencer 2k (Jack, Heritage Foundation, "The Facts About Military Readiness," September 15, 2000, http://www.heritage.org/research/reports/2000/09/bg1394-the-facts-about-military-readiness-http://www.heritage.org/research/reports/2000/09/bg1394-the-facts-about-military-readiness) Most of the equipment that the U.S. military uses today, such AND a 300-ship Navy—to 6.5 per year.38 No impact Fettweis 10 – Professor of national security affairs @ U.S. Naval War College. ~Christopher J. Fettweis, "Threat and Anxiety in US Foreign Policy," Survival, Volume 52, Issue 2 April 2010, pages 59 – 82informaworld~ One potential explanation for the growth of global peace can be dismissed fairly quickly: AND to reach the conclusion that world peace and US military expenditure are unrelated. CMR crisis is reaching crisis proportions Munson 12 (Peter, Marine officer, author, and Middle East specialist, 11-12-12, "A Caution on Civil-Military Relations" Small Wars Journal) smallwarsjournal.com/jrnl/art/a-caution-on-civil-military-relations This brief post represents only a few quickly dashed thoughts in the hope of getting AND this dynamic now before they reach crisis proportions in the years to come.¶
2nc view the impact debate from the lens of the dispossessed—conventional moral theory operates on a false assumption of equal opportunity, the negs demand for justice precedes other discussion of competing moral theories Mills 97 – Associate Prof of Philosophy @ U Illinois, Chicago (Charles-; The Racial Contract) The Racial Contract has always been recognized by nonwhites as the real determinant of ( AND , part of the population covered by the moral operator, or not. Racism must be rejected in every instance Albert Memmi 2k, Professor Emeritus of Sociology @ U of Paris, Naiteire, Racism, Translated by Steve Martinot, p. 163-165
The struggle against racism will be long, difficult, without intermission, without remission AND . True, it is a wager, but the stakes are irresistible.
3/30/14
NDT RD 3 AT OCO Preemption
Tournament: NDT | Round: 3 | Opponent: Emory JS | Judge: Clark, Perkins, Stables 1nc No cyber war – exaggeration Guo 12, IT and legal consultant with a JD from University of Miami (Tony, "Shaping Preventive Policy in "Cyber War" and Cyber Security: A Pragmatic Approach" Cyber Security and Information Systems Information Analysis Center, Vol 1 Num 1, October 2012, https://www.thecsiac.com/journal_article/shaping-preventive-policy-"cyber-war"-and-cyber-security-pragmatic-approach~23.UhP31JLvuSo-https://www.thecsiac.com/journal_article/shaping-preventive-policy-) "Cyber war" today exists only in the hypothetical, and its disastrous AND of breaches today are as a result of system failures and employee negligence.
U.S. officials are struggling to get Europe on board for harsh punitive AND leaves room for diplomacy in a crisis that’s escalated at an alarming pace.
====Presidential control of OCOs hurts soft power with European allies==== Dunlap 12, Major General and Former Deputy Judge Advocate General (Lawless Cyberwar? Not If You Want to Win, www.americanbar.org/groups/public_services/law_national_security/patriot_debates2/the_book_online/ch9/ch9_ess2.html-http://www.americanbar.org/groups/public_services/law_national_security/patriot_debates2/the_book_online/ch9/ch9_ess2.html) Military commanders have seen the no-legal-limits movie before and they do AND impact on coalition support that the mere perception of American lawlessness can have.
Concessions are key to getting Europe on board with harsher sanctions
Talks with European leaders on Ukraine during this week’s presidential visit will be tough, AND us together is not love of history or common values. It’s necessity."
Russian retaliation toward Europe collapses the global economy
The referendum in Crimea on March 16, 2014 will probably attach the peninsula to AND partnership with the Russian giant oil company to exploit Black Sea oil reserves.
Global economic collapse ensures great power conflict and accesses every impact possible
Green 26 Schrage, IR Prof @ Georgetown, ’09 ~Michael Green, Senior Advisor 26 Japan Chair @ The Center for Strategic and International Studies 26 Associate Professor @ The Walsh School of Foreign Service, Steven Schrage, CSIS Scholl Chair in International Business, Former Senior official with the U.S. Trade Representative’s Office, State Department and Ways 26 Means Committee, "It’s not just the economy," March 26th 2009, http://www.atimes.com/atimes/Asian_Economy/KC26Dk01.html-http://www.atimes.com/atimes/Asian_Economy/KC26Dk01.html~~ Facing the worst economic crisis since the Great Depression, analysts at the World Bank AND demonstration effect of liberal norms we are urging China to embrace at home.
1nc ====aff’s use of the law is a militaristic tactic that creates legal legitimacy to propel more frequent, more deadly violent interventions that ensure infrastructural violence that maims civilians – they actively displace moral questions in favor of a pathologically detached question of legality==== Smith 2 – prof of phil @ U of South Florida (Thomas, International Studies Quarterly 46, The New Law of War: Legitimizing Hi-Tech and Infrastructural Violence)
The role of military lawyers in all this has, according to one study, AND and construed, hopes of rescuing law from politics will be dim indeed.
====militarism is a fundamentally unsustainable system that is the root cause of all extinction threats and ensures mass structural violence – non-violence is the only possible response==== Kovel 2 (Joel, "The United States Military Machine", http://www.joelkovel.org/americanmilitary.htm; Jacob)
I want to talk to you this evening about war - not the immediate threat AND military machine is about to plunge, dragging us all down with it. 2nc Everything we do, everything we read forms us as subjects as the world – social change cannot be effected unless there is a vocabulary to construct subjects that engage in a new way of knowing – the alt is a formation of new ethical subjects – the affirmative solidifies dominant structures and knowledges that actively prevent ethics -necessary to create a new social vocabulary around issues to effect real change -we are constantly being constructed as subjects by the experiences we have -on an individual level, ethics is a processing of attuning your ways of knowing the world and relating to the world to be more compassionate and open -the way our self exists is inseparable from our relationship to the world -this breaks processes of solidifying existing ways of knowing and mainstream institutions – the affirmative is a step in a long, long process of normalization to make the self complicit with and accepting of violence and inequality – the act of criticism in our alternative is an act of interruption that ethically attunes the self to the hidden violence of dominant knowledges - we construct the way we interact with the law with reference to this reality Scott 9 – prof of philosophy @ Vanderbilt (Charles, Journal of Medicine and Philosophy, 34: 350–367, Foucault, Genealogy, Ethics) In Foucault’s analysis of the May 1968 uprising in France, he said that even AND should I affirm what is happening in the margins of my established identity? This is a comparatively more productive strategy than the aff’s hubristic attempts to change the world – only our framework produces an ethical self that can create productive micropolitics Chandler13– prof of IR @ Westminster (The World of Attachment? The Post-humanist Challenge to Freedom and Necessity, Millenium: Journal of International Studies, 41(3), 516– 534) The world of becoming thereby is an ontologically flat world without the traditional hierarchies of AND be remade with a new self and a ’new self-interest’. causal linear IR predictions are inherently incomplete – epistemic uncertainty is the defining principle of international politics Hendrick 9 – PhD from Bradford U, contributor to Oxford University Press (Diane, "Complexity Theory and Conflict Transformation: An Exploration of Potential and Implications", http://www.brad.ac.uk/acad/confres/papers/pdfs/CCR17.pdf) In international relations Neil E. Harrison makes the case for the value of complexity AND different solutions to policy problems." (Harrison, 2006 p. 2) 2. doubt must come first, the affirmative’s footnoting of the alternative doesn’t solve and obscures moral analysis Neu 13 – prof @ U of Brighton (Michael, International Relations 27(4), The Tragedy of Justified War) I cannot provide an extensive account of binary thinking and lacking ambiguity in contemporary just AND no supreme emergencies; the normal defense of rights holds unquestioned sway.32 the will of the people expressed through a peace movement is the most effective method for social change against militarism – the nation-state system is broken and corrupt – since the aff doesn’t change that, any risk they shut out the peace movement means you vote negative Moore 5 – fellow @ Harvard’s Berkman Center (John, Extreme Democracy, The Second Superpower Rears its Beautiful Head, p. 37-40) As the United States government becomes more belligerent in using its power in the world AND in turn can be used to support activities consistent with an emerging mission.
Structural violence is the proximate cause of all war- creates priming that psychologically structures escalation Answers no root cause- because there is no root cause we must be attentative to structural inequality of all kinds because it primes people for broader violence- our impact is about the scale of violence and the disproportionate relationship between that scale and warfare, not that one form of social exclusion comes first Scheper-Hughes and Bourgois ’4 (Prof of Anthropology @ Cal-Berkely; Prof of Anthropology @ UPenn) (Nancy and Philippe, Introduction: Making Sense of Violence, in Violence in War and Peace, pg. 19-22)
This large and at first sight "messy" Part VII is central to this AND including the house gun and gated communities; and reversed feelings of victimization). Prefer this impact – structural violence is invisible and exponential Nixon 11 (Rob, Rachel Carson Professor of English, University of Wisconsin-Madison, Slow Violence and the Environmentalism of the Poor, pgs. 2-3) Three primary concerns animate this book, chief among them my conviction that we urgently AND in situations where the conditions for sustaining life become increasingly but gradually degraded.
War powers authority is the president’s power to conduct war as Commander-in-chief
Gerald G. Howard - Spring, 2001, Senior Notes and Comments Editor for the Houston Law Review, COMMENT: COMBAT IN KOSOVO: IGNORING THE WAR POWERS RESOLUTION, 38 Hous. L. Rev. 261, LexisNexis
~*270~ The issue, then, becomes one of defining and monitoring AND of authority to properly assess the legality of the combat operations in Kosovo.
Offensive cyber operations must disrupt or damage information in computers 26 networks or the computers 26 networks themselves
The scope and scale of offensive operations represent an evolution in policy, which in AND timing of an attack, lose control of a computer or miscalculate locations.
Violation – The aff includes cyberattacks AND cyberexploitation – cyberexploitation doesn’t disrupt its target – only cyberattacks are "conduct of war"
There is a broad range of hostile or malicious action in cyberspace – crime, AND not intimidation, not the use of force, and not an attack.
Vote Neg
Limits – Cyber-exploitation includes a whole list of potential clandestine activities: stealing trade secrets, monitoring allies, spying on enemies, data mining, etc. That adds at least 4 new areas to the 4 already in the topic – neg can’t keep up.
Ground – Cyber-exploitation for spying and economic gain have nothing to do with war – skirts all our core DAs and gives the aff unfair, unpredictable advantage ground
Extra T is a voting issue – Severing the untopical parts of the aff force the neg to go for T just to get back to zero – no time to go for a substantive strategy and T
1nr
Military planners define OCO as cyberattacks – NRC agrees it’s the most useful definition, despite a lack of broad consensus National Research Council – 2009, William A. Owens, Kenneth W. Dam, and Herbert S. Lin (editors), National Academy of Sciences, Technology, Policy, Law, and Ethics Regarding U.S. Acquisition and Use of Cyberattack Capabilities, http://www.lawfareblog.com/wp-content/uploads/2013/01/NRC-Report.pdf A wide variety of terms in the literature have definitions that overlap with the definitions used in this report. (It is perhaps emblematic of the state of discussion today that there is no standard and widely accepted term that denotes attacks on computer systems and networks.) AND terms used in this domain, the committee settled on "cyberattack" as the term best describing the primary focus of this report.
More ev – presidential directive Warwick Ashford – 9/2/13, Snowden docs show broad and aggressive US cyber intrusions, ComputerWeekly.com, http://www.computerweekly.com/news/2240204552/Snowden-docs-show-broad-aggressive-US-cyber-intrusions In October 2012, defense secretary Leon Panetta admitted that the US was developing a AND resident in computers or computer networks, or the computers and networks themselves. A cyber war is defined as a conflict that uses hostile, illegal transactions or attacks on computers and networks in an effort to disrupt communications and other pieces of infrastructure as a mechanism to inflict economic harm or upset defenses.
Cyberattacks affect manipulation of data — that’s distinct from cyber exploitation which merely copies data Brecher 13, JD Candidate at UMich Law School, Cyberattacks and the Covert Action Statute: Toward a Domestic Legal Framework for Offensive Cyberoperations, http://www.michiganlawreview.org/assets/pdfs/111/3/Brecher.pdf-http://www.michiganlawreview.org/assets/pdfs/111/3/Brecher.pdf The term "cyberattack," as used in this Note, refers to a " AND cyberattacks involve the manipulation of data.10 This Note discusses only the latter
Conflating cyberattack and cyberexploitation creates bad discussion and bad policy – they require totally separate plans and responses National Research Council – 2009, William A. Owens, Kenneth W. Dam, and Herbert S. Lin (editors), National Academy of Sciences, Technology, Policy, Law, and Ethics Regarding U.S. Acquisition and Use of Cyberattack Capabilities, http://www.lawfareblog.com/wp-content/uploads/2013/01/NRC-Report.pdf
Cyberattack and cyberexploitation are AND it might not object to limiting certain attack capabilities.