Tournament: GSU | Round: 1 | Opponent: na | Judge: na

In 1996 John Yoo authored "Continuation of Politics by Other Means: The Original Understanding of the War Powers," which is the foundational text of the 9/11 Constitution.  This view of the war powers provides the president with near exclusive jurisdiction over all things war.  "War Powers" stands as proof of the impact of academic thinking on policy.

Alexander, Stanford Law Professor, 12 ~Janet Cooper, John Yoo’s War Powers: The Law Review and the World, 100 Calif. L. Rev. 331, April, lexis, access 8-24~

Surely one of the most consequential articles ever published in the California Law Review (
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, legal journals, and the use of legal scholarship in policy making.

Yoo’s view of presidential war powers relies on a flawed understanding of the Constitution. Yoo wrongly locates warmaking power with the executive: misinterprets "declare war," ignores a host of expressly authorized roles for Congress, manipulates the understanding of the president’s plenary powers, and point blank is wrong on the British model

Alexander, Stanford Law Professor, 12 ~Janet Cooper, John Yoo’s War Powers: The Law Review and the World, 100 Calif. L. Rev. 331, April, lexis, access 8-24~

Yoo contends in War Powers that - "contrary to the arguments by today’s scholars
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interpretive theories rely on policy judgments that are less subject to falsification. n146

While we could use the rest of this time to speak to the effect of the Yoo Doctrine on the war on terror and status of the constitution, this article’s rise is perhaps more notable because of what it says about the status of deliberation in the academy.  More specifically, how it speaks to the status of deliberation in this community.  The reason Yoo was able to emerge as the leader of the 9/11 constitution is because his work was insulated from criticism as a result of the academic process in which his arguments emerged.

Spitzer, Distinguished Service Professor of Political Science at the State University of New York at Cortland, 08 ~Robert J., The Law: Saving the Presidency from Lawyers, Presidential Studies Quarterly, June, Proquest, access 8-30~

Legal training is well suited to prepare lawyers for the study and practice of law
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different from the rules of empirical inquiry" (9 n.23).

This process might work for the courtroom but in terms of the Constitution it is anti-deliberative

Spitzer, Distinguished Service Professor of Political Science at the State University of New York at Cortland, 11 ~Robert J., "Still Saving the Constitution from Lawyers: A Response," Gonzaga Law Review, http://www.law.gonzaga.edu/law-review/files/2011/01/Spitzer.pdf~~

The primary argument of my book is, as the consciously provocative title and ¶
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¶ and other theorizing did not arise from the conditions I describe.8

Perry Mason scholarship undermines inquiry – bias-driven results infect policy and constitutional outcomes in the real world

Spitzer, Distinguished Service Professor of Political Science at the State University of New York at Cortland, 13 ~Robert, "What’s Old Is New Again: Political Science, Law, and Constitutional Meaning," PS, Political Science 26 Politics46.3 (Jul 2013): 493-497., proquest~

THE PERRY MASON SCHOLAR?¶ The purpose of legal education is to produce lawyers prepared
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, 2008b). Space limitations prohibit an exploration of these three cases here.

Status quo constitutional interpretative methods ensure the power of the conservative legal movement. Political science solves.

Spitzer, Distinguished Service Professor of Political Science at the State University of New York at Cortland, 13 ~Robert, "What’s Old Is New Again: Political Science, Law, and Constitutional Meaning," PS, Political Science 26 Politics46.3 (Jul 2013): 493-497., proquest~

If the last decade of presidential politics has demonstrated anything, it is that public
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neglected field. We would all do well to follow Louis Fisher’s example.

Academia key to the rise of Yoo and sustains his ideology in governance

Spitzer, Distinguished Service Professor of Political Science at the State University of New York at Cortland, 13 ~Robert, "What’s Old Is New Again: Political Science, Law, and Constitutional Meaning," PS, Political Science 26 Politics46.3 (Jul 2013): 493-497., proquest~

LAW REVIEWS AND YOO¶ In his abundant writing, Fisher (2006, 1234
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to reactivate Yoo’s theories of hyper-expansive presidential powers (Savage 2012).

Therefore we stand in affirmation of the 2013-14 Cross Examination Debate Association’s resolution, "Resolved: The United States Federal Government should substantially increase statutory and/or judicial restrictions on the war powers authority of the President of the United States in one or more of the following areas: targeted killing; indefinite detention; offensive cyber operations; or introducing United States Armed Forces into hostilities," as a response to Yoo and the OLC.

Voting for the affirmative is the academic’s burden.  We must use this moment to laugh at Nixonian claims of the inherent legality of presidential action.

Spitzer, Distinguished Service Professor of Political Science at the State University of New York at Cortland, 08 ~Robert J., The Law: Saving the Presidency from Lawyers, Presidential Studies Quarterly, June, Proquest, access 8-30~

My argument is neither so naive, nor presumptuous, as to suggest that the
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a constitutional edifice around Nixon’s statement. And no one is laughing now.