Tournament: GSU | Round: 1 | Opponent: Georgetown ErMc | Judge: Andrew Hart UGA

and#34;Men, all this stuff you hear about America not wanting to fight, wanting to stay out of the war, is a lot of bullshit. Americans love to fight. All real Americans love the sting and clash of battle. When you were kids, you all admired the champion marble shooter, the fastest runner, the big-league ball players and the toughest boxers. Americans love a winner and will not tolerate a loser. Americans play to win all the time. That’s why Americans have never lost and will never lose a war. The very thought of losing is hateful to Americans. Battle is the most significant competitions in which a man can indulge. It brings out all that is best and it removes all that is base.and#34;

—George Patton, war hero

Contention one is Victory

The United States thinks quite highly of itself.  We think we are a city on a hill, that we are invulnerable, that there’s no fight we can lose.  The world is a lump of iron and we are a hammer.  Justice, goodness, and freedom are not ideals, they are our possessions.

At least, that’s what we tell ourselves.  In reality, this exceptional belief in our righteousness, omnipotence, and invulnerability is a psychological fiction, akin to an outfit we like to wear because it makes us feel like the most popular kid in school.  We feel an obligation to eliminate anything that threatens this psychological fiction, lest our nightmares come true and we end up naked to the world.

Lifton, professor of psychiatry at Harvard, 3 ~Robert Jay Lifton, Visiting Professor of Psychiatry at Harvard Medical School, previously Distinguished Professor of Psychiatry and Psychology at the Graduate School and Director of The Center on Violence and Human Survival at John Jay College of Criminal Justice at the City University of New York, 2003 (Superpower Syndrome: America’s Apocalyptic Confrontation With The World, Published by Thunder’s Mouth Press / Nation Books, ISBN 1560255129, p. 125-130)~

It is almost un-American to be vulnerable. As a people, we
AND
since. (He warned against permanent alliances, not alliances in general).
The idea of our separateness and safety from faraway conflicts has had importance from the
AND
both the superpower and the world it acts upon may become dangerously destabilized.

Why do we hold such an egotistical self image?  We, as citizens, have lost a war over our consciences.

The power of the presidency is a big part of the reason why.  The presidency exists to seduce us into thoughtless compliance.  I value security and freedom, so how can I possibly disagree with Bush?  I hope for things, and there are things I want changed, so how could I possibly disagree with Obama?  The president is like a fortune teller—it tells us vague platitudes we want to hear so we trust it absolutely.  As a result, we close off our conscience and consent to an imperial and#34;war on terrorand#34;

Markwick, Lecturer at Simon Fraser University, 10—Michael Markwick, Ph.D candidate in philosophy at Simon Fraser University ~Spring 2010, and#34;Terror and Democratic Communication,and#34; Ph.D Dissertation, http://summit.sfu.ca/item/9989~~

From Bush to Obama, the war on terror is principally a war over conscience
AND
story of citizenship unfolds and bare human life finds a new political voice.
Barak Obama’s presidency—like good philosophy—raises more questions than it settles about
AND
that the president should have these at what amounts to an imperial command.
My sense is that Obama’s success, like the core function of the presidency itself
AND
an aberration from the norms of political liberalism, but because of them.

The war on terror—and the 2001 Authorization to Use Military Force that served as its harbinger—are a vicious assault on our conscience and ability to think.  It has made war a permenant fixture in our political culture, and desensitized us to the scope and brutality of what is now possible.

Greenwald 13—Glenn, Columnist on civil liberties and US national security issues for the Guardian ~and#34;Washington gets explicit: its ’war on terror’ is permanent,and#34; theguardian.com, May 17, 2013 http://www.theguardian.com/commentisfree/2013/may/17/endless-war-on-terror-obama~~

On Thursday, the Senate Armed Services Committee held a hearing on whether the statutory basis for this and#34;warand#34; - the 2001 Authorization to Use Military Force (AUMF) - should be revised (meaning: expanded). This is how Wired’s Spencer Ackerman (soon to be the Guardian US’s national security editor) described the most significant exchange:
and#34;Asked at a Senate hearing today how long the war on terrorism will last
AND
that the conflict has already lasted. Welcome to America’s Thirty Years War.and#34;
That the Obama administration is now repeatedly declaring that the and#34;war on terrorand#34;
AND
clearly as the English language permits, openly declaring this to be so.
It is hard to resist the conclusion that this war has no purpose other than
AND
threat of terrorism - that is the single greatest cause of that threat.
In January, former Pentagon general counsel Jeh Johnson delivered a highly-touted speech suggesting that the war on terror will eventually end; he advocated that outcome, arguing:
’War’ must be regarded as a finite, extraordinary and unnatural state of affairs. We must not accept the current conflict, and all that it entails, as the ’new normal.’and#34;
In response, I wrote that the and#34;war on terrorand#34; cannot and will
AND
it will continue for and#34;at leastand#34; another 10-20 years?
The genius of America’s endless war machine is that, learning from the unplesantness of
AND
of America’s innocent victims and the worldwide anti-American rage that generates.
Though rarely visible, the costs are nonetheless gargantuan. Just in financial terms,
AND
there come a point when we think about applying that lesson to ourselves?
Then there are the threats to Americans’ security. Having their government spend decades proudly touting itself as and#34;A Nation at Warand#34; and bringing horrific violence to the world is certain to prompt more and more people to want to attack Americans, as the US government itself claims took place just recently in Boston (and as clearly took place multiple other times over the last several years).
And then there’s the most intangible yet most significant cost: each year of endless
AND
in the US political system but, worse, in American political culture.
Each year that passes, millions of young Americans come of age having spent their entire lives, literally, with these powers and this climate fixed in place: to them, there is nothing radical or aberrational about any of it. The post-9/11 era is all they have been trained to know. That is how a state of permanent war not only devastates its foreign targets but also degrades the population of the nation that prosecutes it.
This war will end only once Americans realize the vast and multi-faceted costs they are bearing so that the nation’s political elites can be empowered and its oligarchs can further prosper. But Washington clearly has no fear that such realizations are imminent. They are moving in the other direction: aggressively planning how to further entrench and expand this war.
One might think that if there is to be a debate over the 12-
AND
her warnings are deemed sufficiently Serious even to consider, let alone embrace.
Instead, the Washington AUMF and#34;debateand#34; recognizes only two positions: (1
AND
is whether that should happen under a new law or the old one.
Just to convey a sense for how degraded is this Washington and#34;debateand#34;: Obama
AND
listening to how the Obama administration interprets its war powers under the AUMF:
This is the most astounding and most astoundingly disturbing hearing that I’ve been to since I’ve been here. You guys have essentially rewritten the Constitution today.and#34;
Former Bush DOJ official Jack Goldsmith, who testified at the hearing, summarized what
AND
out of the Cold War era film Dr. Strangelove, Goldsmith added:
Amazingly, there is a very large question even in the Armed Services Committee about who the United States is at war against and where, and how those determinations are made.and#34;
Nobody really even knows with whom the US is at war, or where. Everyone just knows that it is vital that it continue in unlimited form indefinitely.
In response to that, the only real movement in Congress is to think about
AND
whether more fig leafs are needed to make it all pretty and legal.
The Obama administration already claims the power to wage endless and boundless war, in
AND
price they’re paying for this ongoing splurge of war spending and endless aggression.  

The result of this consent to an imperial presidency is that we defer decisions about the life and death of whole populations to sovereign power—the doctrines the sovereign sells us are policed by imperial violence.

Markwick 10—Michael Markwick, Lecturer at Simon Fraser University, Ph.D candidate in philosophy at Simon Fraser University ~Spring 2010, and#34;Terror and Democratic Communication,and#34; Ph.D Dissertation, http://summit.sfu.ca/item/9989~~

Far from living in a post-metaphysical era, I believe Connolly is correct
AND
it cannot replace the restless human work in conscience of examination and deconstruction.

I will argue below that the persistence of this unexamined, dominant metaphysics allows the
AND
House represents the next phase in the maturation of the messianic presidency.202

This leads to an apocalyptic violence, insistent on defending the nation at all costs—that makes annihilation possible

Lifton 3 ~Robert Jay Lifton, Visiting Professor of Psychiatry at Harvard Medical School, previously Distinguished Professor of Psychiatry and Psychology at the Graduate School and Director of The Center on Violence and Human Survival at John Jay College of Criminal Justice at the City University of New York, 2003 (Superpower Syndrome: America’s Apocalyptic Confrontation With The World, Published by Thunder’s Mouth Press / Nation Books, ISBN 1560255129, p. 1-4)~

The apocalyptic imagination has spawned a new kind of violence at the beginning of the
AND
, and and#34;Islamic stateand#34; can mean one run on Islamist principles.

Plan

The United States Congress should repeal The 2001 Authorization of Use of Military Force by surrendering to those nations, organizations, or persons who planned, authorized, committed, or aided the terrorist attacks that occurred on September 11, 2001, or harbored such organizations or persons.

Contention two is Surrender

The act of surrendering is a radical one—it opens us to vulnerability, ambiguity, and acceptance of the world as it is.  It gives up on the dream of invulnerability, and helps to shatter falsely held illusions about our place in the world.

Lifton 3 ~Robert Jay Lifton, Visiting Professor of Psychiatry at Harvard Medical School, previously Distinguished Professor of Psychiatry and Psychology at the Graduate School and Director of The Center on Violence and Human Survival at John Jay College of Criminal Justice at the City University of New York, 2003 (Superpower Syndrome: America’s Apocalyptic Confrontation With The World, Published by Thunder’s Mouth Press / Nation Books, ISBN 1560255129, p. 196-199)~

Stepping out of that syndrome would also include surrendering the claim of certainty, of
AND
vision to protect themselves from death, and to provide immortality through killing.

And, Surrender leads to an embrace of change and a willingness to think differently.  It changes our psyche.  The psychic wound and shock people will feel is an opportunity for growth.  A voluntary act of authentic surrender is key.

Moze, Ph.D in Personal Development, 7—Mary Beth, Ph.D. in Personal Development and Transformation ~and#34;Surrender: An Alchemical Act in Personal Transformation,and#34; Journal of Conscious Evolution, http://www.cejournal.org/GRD/Surrender.pdf~~

Surrender and the Ego
Surrender provides a willing path toward greater understandings. Surrender allows for flexibility and movement
AND
carries us into the flow of possibilities and growth (Hart, 2000).
We think we live by virtues and influences that we can control, but we
AND
on ego strengthenin g and can inadvertently build up the Ego’s narcissistic muscles.
Recovery from any dysfunction as well as growth fr om places of normality is dependent
AND
sacred wound - that new ways of understanding arrive (Branscomb, 1991).
We are complex systems. Systems are made up of systems and exist within ever
AND
function. Through surrender , the Ego can grasp paradox and greater truths.
It is beneath the fears of the narrow Egoic system where one finds the curiosity
AND
muscles in order to also flex and build the unintentionally neglected moral muscles.

And, Surrender is different than submission, compliance, or resignation.  Surrender yields unconditionally, unworried about preferences or expectations.  Only this authentic letting go is an act that create immediate, authentic, and lasting personal change.

Moze 7—Mary Beth, Ph.D. in Personal Development and Transformation ~and#34;Surrender: An Alchemical Act in Personal Transformation,and#34; Journal of Conscious Evolution, http://www.cejournal.org/GRD/Surrender.pdf~~

Before pursuing a definition of what surrender is, it is helpful to benchmark what it is not. Some terms are used synonymously with surrender but have subtle shifts in meaning that differ significantly from the healthy version of surrender that grounds this article. Those terms include submission, resignation, and compliance.
Submission entails a role of domination by one over another and is a perversion of
AND
a role of bondage and a sense of futility (Ghent, 1990).
Resignation holds an element of judgment (Tolle, 1 999) which is contrary
AND
is a sense of longevity to the roles of submission and resigna tion.
In comparison, compliance has a temporariness abou t it. Like resignation, it
AND
also deceives all of those involved with the circumstance (Tiebout, 1953).
The more inviting definition of surrender appeals to its resilient nature, not its resistant nature. Resistance operates against growth or chang e and seeks to maintain the familiar, while surrender and resilience operate toward growth (Ghe nt, 1990). Rather than an Egotistical defeat, healthy surrender is a compassionate giving over that rests on trust (LaMothe, 2005). Such surrender involves commitment, openness, soulful mo tivation, and vibrancy.
Total surrender unconditionally yields to what is (Tolle, 1999) rather than to
AND
for openness of experience and fully embraces the unknown (May, 2004).
Surrender is liberation, expansion of self, and the letting down of defensive barriers
AND
4). It involves curiosity that is attracted to meaning, not oddity.
Surrender is a particular way of functioning, motivated by the longing for growth and
AND
soul and gently releases the wants of the Ego (Zukav, 1990).
An act of surrender is inevitably followed by a state of surrender (Tiebout,
AND
To improvise is to be intuitively creative; it is a universal capacity21
I do not posit a linear relationship between trust, commitment, openness, soulful motivation, and vibrancy. The literature does not suggest anything in this regard. What is noteworthy is the simultaneous simplicity and compl exity of a resilient act of surrender. It is alchemical. It is not an act that simply initiates a natural progression of potential change; it is an innately complex function that transmutes one way of being into another.
I hesitate to offer a definition of surrender, fea ring that it will be
AND
stated, surrender is a faithful gesture toward knowing Other and being known.

And, by promoting this sort of reflection and thought through the act of surrender, we solve a shift in citizen and congressional opinions on the war on terror—the aff is the sort of painful self-examination that creates change

Grieder, bestselling author, 4 ~William Greider, a prominent political journalist and author, has been a reporter for more than 35 years for newspapers, magazines and television.. He is the author of the national bestsellers One World, Ready or Not, Secrets of the Temple and Who Will Tell The People. In the award-winning Secrets of the Temple, he offered a critique of the Federal Reserve system. Greider has also served as a correspondent for six Frontline documentaries on PBS, including and#34;Return to Beirut,and#34; which won an Emmy in 1985.  and#34;Under the Banner of the ’War’ on Terrorand#34; http://samizdat.cc/shelf/documents/2004/06.07-greider/greider.pdf~~

An important question remains for Americans to ponder: Why have most people submitted so
AND
expressions of fear may look to others like a surprising revelation of weakness.
My own suspicion is that many Americans have enjoyed Bush’s and#34;terror warand#34; more
AND
othersand#34; is perhaps an unconscious inversion of its exaggerated claims of power.
The only way out of this fog of pretension is painful self-examination by
AND
steps forward to guide the country. This transformation begins by changing Presidents.

And, the affirmative represents both a political and a psychological shift—Yes, we think congress should actually surrender the war on terror, but we also think it’s a useful thought experiment for any American.

What does it mean that we were wrong about fighting terrorists?  What does it mean that we couldn’t win?  This change on the political, psychological, and personal levels allows us to reclaim our moral compass, resist the fantasy of total control, and change the way future and current leaders deal with feelings of vulnerability

Lifton 3 ~Robert Jay Lifton, Visiting Professor of Psychiatry at Harvard Medical School, previously Distinguished Professor of Psychiatry and Psychology at the Graduate School and Director of The Center on Violence and Human Survival at John Jay College of Criminal Justice at the City University of New York, 2003 (Superpower Syndrome: America’s Apocalyptic Confrontation With The World, Published by Thunder’s Mouth Press / Nation Books, ISBN 1560255129, p. 188-192)~

We can do better. America is capable of wiser, more measured approaches,
AND
in particular, is the early recognition and humane management of that decline.

Rather than singlehanded solving everything in one shot, surrender sets off an avalanche of conversation and questioning that activates our conscience.  Only this process can engage both formal legal discourse and social movements—conscience is the one kernel of humanity that exists in every context, it is the lynchpin of solvency

Markwick 10—Michael Markwick, Lecturer at Simon Fraser University, Ph.D candidate in philosophy at Simon Fraser University ~Spring 2010, and#34;Terror and Democratic Communication,and#34; Ph.D Dissertation, http://summit.sfu.ca/item/9989~~

At the same time, the messianic presidency as sovereign power is the product of
AND
instead—agonistically, empathetically—to find our own voice in it.

Tournament: UK RR | Round: 5 | Opponent: NU MV | Judge: J Green
1AC—Fiction Aff

Do your remember? Do you?
How after 9/11, all the cats in America became sad?
Tears were just rolling down their faces. You'd see one sitting under a tree, tilting its head in that way they have, and then you'd notice its lower lip trembling. We've got two cats at our house, and one of those fake birds on a string, but back then, when you'd whip that bird across the floor, right under their noses, they'd just look at you like: Now? Are you serious?
I mean--yes, of course, we were all sad, it was a terrible time, but the cats were just over the--you'd see two or three in a group, in a field, supine, stretched out full-length, sobbing.
And the thing was, at first--well, there was a lot going on. We were all just running around, shouting, "Did you hear?" and "Jesus, Jesus!," sitting in front of the TV for hours, finding it impossible to believe, over and over. It was like a whole new world.
And as someone pointed out, okay, the cats are sad, but cats don't actually do that much anyway, and the things they do--sit on the couch exuding domesticity or whatever, sprint over when you open a can of catfood, ignore you when you call them--can basically be done just as well sad as happy.
So we went about our business. The business, at that point, being: Figure out how to go on living. By now this was beginning of October, Ground Zero still smoldering. You'd go down there and the smell, the smell of burned rubber, other smells, it was just--Jesus, remember?--the cards, the notes, from the wives, the kids, already fading in the sun--
Which is when we noticed the water. I don't mean tap water. The tap water remained fine. It seemed to be mostly the river water that was--it was, to just come out and say it: flowing backwards. You'd go to a spot where formerly there'd been a beautiful waterfall and there'd be all the water, on the downhill side, kind of surging against the rock, trying to get up. It was heart-rending. And I am not one who would normally describe water as "heart-rending." Even in your driveway, if you were washing the car, the water would run UP the driveway, toward the garage, and would kind of huddle there against the door. Honestly. Somebody--I think it was Roger K., a roofer who lives near me, said it first: That water looks sad. And it did. I turned off the hose, a few of us gathered round, and sure enough, the water looked heartbroken. It was kind of--you couldn't say sobbing, exactly, you know, "heaving in sobs," but there was a kind of, I would call it, surging thing going on, a kind of lapping thing, like it was hurling itself against the garage, in sorrow or--it was actually kind of horrible. Gave you goose-bumps. You expect a kind of neutrality from your water, and when that is not the case...I'm sorry, it's creepy.
So now it's middle of October, nobody feeling right at all.
Which is when the flesh of the cows of the field turned bitter.
The farmers weren't saying much about it at first--they have a living to make, I don't hold it against them--but pretty soon...it was a rust taste. At least that's how I experienced it. And finally the farmers admitted it: Sometime in early October, the cows had literally, all at once, dropped down on their front legs, front...knees or whatever--"as if," one farmer said on the news, "in grief."
You couldn't eat the meat, no way. And the milk--no. It didn't make you sick, exactly, but it left an aftertaste...
Christ, this is too much, we all began saying, we have to--we have to do something!
But what, we did not know.
Then it was early November and we were walking out to the car, to go pick apples, trying our best to live life, you know, and my wife says: What's with these leaves, anyway? And that was true: everything was still green. We thought, well, it happens, global warming, whatever, give it a week. So we gave it a week: Everything still as green as deep summer.
I got out my ladder, went up into the maple in my yard, saw what I saw, came down, got Roger K., asked him to come up too, and although yes, even to me, who was there, it sounds, at this distance, nutty--the leaves, on closer examination, appeared to be in some kind of torment. How should I describe it? They were kind of...crinkling up, then relaxing, crinkling, relaxing: a guy clenching and unclenching his fist.
It was then that Roger K. and I, up in the tree, heard a kind of voice. It was--sure, yes, obviously--the wind, and yet...not. Not really. I mean, not only. Because as we listened carefully--I remember that Roger, in his astonishment (I was astonished too, believe me) reached over and put his hand on my shoulder--as we listened, we heard words. Words in English, female voice, seemed to me:
Strike back, the voice was saying.
It was like a lightning bolt. I almost fell out of the tree. How do you ignore that? We called friend after friend, they went up the ladder, came down, called their friends (some of whom drove over from other towns, other states even) and so many--I wouldn't say every person, but SO many of them heard the voice, that soon--and the other notable thing was, it wasn't just us, not just my tree. Apparently this was happening all over the country. And it wasn't just trees. In Michigan a schoolteacher heard the swings in the playground saying it. The surf all up and down the California coast was reported to be saying it. On the Internet you can find--I've listened to it several times--a tape this guy in New Mexico made of Interstate 40, and it is crystal clear what that highway is saying.
Of course, of course! we all felt. What has been making us so sad is this powerless, passive feeling. That much sadness, no one can just take it. Something has to be done with all this emotion.
This thing was done to us. We have to do something. We have to strike back.
We resolved to do so. You could feel it in the air: Purpose, direction--flags appeared on car antennas, people's eyes got brighter. The cats got the spring back in their step and suddenly mice were no longer safe. Water began doing what water is supposed to do--seismologists detected the sound of thousands of first waves slapping down over thousands of restored waterfalls. The leaves changed, gloriously as I remember it, feeling to us like the miracle that leaf-change actually is. We thought: Wow, orange trees, red trees, yellow freaking trees, we are, all of us, alive again, alive still.
One night around that time, lying in bed, kids asleep, wife asleep, wind outside blowing through the trees forming, blessedly, no words at all--I realized that in our relief and excitement, no one had asked--of the wind, the swingsets, the ocean, the highway--no one had asked what, suddenly, seemed to me a few reasonable questions:
Strike back against whom? And where? And how? And to what end?
I thought about waking my wife. But it was late and we had to work next day, and I thought: the 'who' and the 'where' and the 'how' and the 'to what end?'--that is not now, that is later, that is yet to be decided, by the people who decide such things, people who are, like us, of good will, only more powerful, and know things we don't, and will proceed with discretion, in the full measure of time.
But when I woke next morning, it had already begun.
That was the cats of 9/11 by George Saunders.

We must tell stories against authority, and keep telling them.  
Literature takes us outside of ourselves in a way that can create new ethical possibilities.  Literature, by destabilizing both our identities and faith in the war on terror, makes systems of power tremble.  The act of storytelling disrupts the intellectual foundations the war on terror, drastically limiting the authority of the executive in the process
Gorelick 8 Nate, PHD @ buffalo, Ceda champion, one of my favorite lab leaders of all time. Once gave a lecture titled “the sexual rebuttal” that pretty much changed the game forever. “Imagining Extraordinary Renditions:¶ Terror, Torture and the Possibility of an Excessive Ethics in Literature” Theory and Event, Volume 2 Issue 11

This does not imply that language itself is … that which exceeds the power to comprehend, to control, or to imagine.

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 to engage in targeted killing; indefinite detention; and introduction of the United States Armed Forces into hostilities.
We’ll defend this plan, but not as a starting point--legal action is an end point that must be informed by changing the epistemic foundations of our thinking itself.  Relying merely on legal institutions is insufficient.  You should vote aff if you think our fiction is an effective challenge to executive authority.
Gorelick 8 Nate, PHD @ buffalo, Ceda champion, one of my favorite lab leaders of all time. Once gave a lecture titled “the sexual rebuttal” that pretty much changed the game forever. “Imagining Extraordinary Renditions:¶ Terror, Torture and the Possibility of an Excessive Ethics in Literature” Theory and Event, Volume 2 Issue 11

Extraordinary rendition, torture, the war on terror … other here become obsolete in their duality."49

Tournament: UK RR | Round: 5 | Opponent: NU MV | Judge: J Green
1AC—Fiction Aff

Do your remember? Do you?
How after 9/11, all the cats in America became sad?
Tears were just rolling down their faces. You'd see one sitting under a tree, tilting its head in that way they have, and then you'd notice its lower lip trembling. We've got two cats at our house, and one of those fake birds on a string, but back then, when you'd whip that bird across the floor, right under their noses, they'd just look at you like: Now? Are you serious?
I mean--yes, of course, we were all sad, it was a terrible time, but the cats were just over the--you'd see two or three in a group, in a field, supine, stretched out full-length, sobbing.
And the thing was, at first--well, there was a lot going on. We were all just running around, shouting, "Did you hear?" and "Jesus, Jesus!," sitting in front of the TV for hours, finding it impossible to believe, over and over. It was like a whole new world.
And as someone pointed out, okay, the cats are sad, but cats don't actually do that much anyway, and the things they do--sit on the couch exuding domesticity or whatever, sprint over when you open a can of catfood, ignore you when you call them--can basically be done just as well sad as happy.
So we went about our business. The business, at that point, being: Figure out how to go on living. By now this was beginning of October, Ground Zero still smoldering. You'd go down there and the smell, the smell of burned rubber, other smells, it was just--Jesus, remember?--the cards, the notes, from the wives, the kids, already fading in the sun--
Which is when we noticed the water. I don't mean tap water. The tap water remained fine. It seemed to be mostly the river water that was--it was, to just come out and say it: flowing backwards. You'd go to a spot where formerly there'd been a beautiful waterfall and there'd be all the water, on the downhill side, kind of surging against the rock, trying to get up. It was heart-rending. And I am not one who would normally describe water as "heart-rending." Even in your driveway, if you were washing the car, the water would run UP the driveway, toward the garage, and would kind of huddle there against the door. Honestly. Somebody--I think it was Roger K., a roofer who lives near me, said it first: That water looks sad. And it did. I turned off the hose, a few of us gathered round, and sure enough, the water looked heartbroken. It was kind of--you couldn't say sobbing, exactly, you know, "heaving in sobs," but there was a kind of, I would call it, surging thing going on, a kind of lapping thing, like it was hurling itself against the garage, in sorrow or--it was actually kind of horrible. Gave you goose-bumps. You expect a kind of neutrality from your water, and when that is not the case...I'm sorry, it's creepy.
So now it's middle of October, nobody feeling right at all.
Which is when the flesh of the cows of the field turned bitter.
The farmers weren't saying much about it at first--they have a living to make, I don't hold it against them--but pretty soon...it was a rust taste. At least that's how I experienced it. And finally the farmers admitted it: Sometime in early October, the cows had literally, all at once, dropped down on their front legs, front...knees or whatever--"as if," one farmer said on the news, "in grief."
You couldn't eat the meat, no way. And the milk--no. It didn't make you sick, exactly, but it left an aftertaste...
Christ, this is too much, we all began saying, we have to--we have to do something!
But what, we did not know.
Then it was early November and we were walking out to the car, to go pick apples, trying our best to live life, you know, and my wife says: What's with these leaves, anyway? And that was true: everything was still green. We thought, well, it happens, global warming, whatever, give it a week. So we gave it a week: Everything still as green as deep summer.
I got out my ladder, went up into the maple in my yard, saw what I saw, came down, got Roger K., asked him to come up too, and although yes, even to me, who was there, it sounds, at this distance, nutty--the leaves, on closer examination, appeared to be in some kind of torment. How should I describe it? They were kind of...crinkling up, then relaxing, crinkling, relaxing: a guy clenching and unclenching his fist.
It was then that Roger K. and I, up in the tree, heard a kind of voice. It was--sure, yes, obviously--the wind, and yet...not. Not really. I mean, not only. Because as we listened carefully--I remember that Roger, in his astonishment (I was astonished too, believe me) reached over and put his hand on my shoulder--as we listened, we heard words. Words in English, female voice, seemed to me:
Strike back, the voice was saying.
It was like a lightning bolt. I almost fell out of the tree. How do you ignore that? We called friend after friend, they went up the ladder, came down, called their friends (some of whom drove over from other towns, other states even) and so many--I wouldn't say every person, but SO many of them heard the voice, that soon--and the other notable thing was, it wasn't just us, not just my tree. Apparently this was happening all over the country. And it wasn't just trees. In Michigan a schoolteacher heard the swings in the playground saying it. The surf all up and down the California coast was reported to be saying it. On the Internet you can find--I've listened to it several times--a tape this guy in New Mexico made of Interstate 40, and it is crystal clear what that highway is saying.
Of course, of course! we all felt. What has been making us so sad is this powerless, passive feeling. That much sadness, no one can just take it. Something has to be done with all this emotion.
This thing was done to us. We have to do something. We have to strike back.
We resolved to do so. You could feel it in the air: Purpose, direction--flags appeared on car antennas, people's eyes got brighter. The cats got the spring back in their step and suddenly mice were no longer safe. Water began doing what water is supposed to do--seismologists detected the sound of thousands of first waves slapping down over thousands of restored waterfalls. The leaves changed, gloriously as I remember it, feeling to us like the miracle that leaf-change actually is. We thought: Wow, orange trees, red trees, yellow freaking trees, we are, all of us, alive again, alive still.
One night around that time, lying in bed, kids asleep, wife asleep, wind outside blowing through the trees forming, blessedly, no words at all--I realized that in our relief and excitement, no one had asked--of the wind, the swingsets, the ocean, the highway--no one had asked what, suddenly, seemed to me a few reasonable questions:
Strike back against whom? And where? And how? And to what end?
I thought about waking my wife. But it was late and we had to work next day, and I thought: the 'who' and the 'where' and the 'how' and the 'to what end?'--that is not now, that is later, that is yet to be decided, by the people who decide such things, people who are, like us, of good will, only more powerful, and know things we don't, and will proceed with discretion, in the full measure of time.
But when I woke next morning, it had already begun.
That was the cats of 9/11 by George Saunders.

We must tell stories against authority, and keep telling them.  
Literature takes us outside of ourselves in a way that can create new ethical possibilities.  Literature, by destabilizing both our identities and faith in the war on terror, makes systems of power tremble.  The act of storytelling disrupts the intellectual foundations the war on terror, drastically limiting the authority of the executive in the process
Gorelick 8 Nate, PHD @ buffalo, Ceda champion, one of my favorite lab leaders of all time. Once gave a lecture titled “the sexual rebuttal” that pretty much changed the game forever. “Imagining Extraordinary Renditions:¶ Terror, Torture and the Possibility of an Excessive Ethics in Literature” Theory and Event, Volume 2 Issue 11

This does not imply that language itself is … that which exceeds the power to comprehend, to control, or to imagine.

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 to engage in targeted killing; indefinite detention; and introduction of the United States Armed Forces into hostilities.
We’ll defend this plan, but not as a starting point--legal action is an end point that must be informed by changing the epistemic foundations of our thinking itself.  Relying merely on legal institutions is insufficient.  You should vote aff if you think our fiction is an effective challenge to executive authority.
Gorelick 8 Nate, PHD @ buffalo, Ceda champion, one of my favorite lab leaders of all time. Once gave a lecture titled “the sexual rebuttal” that pretty much changed the game forever. “Imagining Extraordinary Renditions:¶ Terror, Torture and the Possibility of an Excessive Ethics in Literature” Theory and Event, Volume 2 Issue 11

Extraordinary rendition, torture, the war on terror … other here become obsolete in their duality."49

Tournament: UK RR | Round: 5 | Opponent: NU MV | Judge: J Green
1AC—Fiction Aff

Do your remember? Do you?
How after 9/11, all the cats in America became sad?
Tears were just rolling down their faces. You'd see one sitting under a tree, tilting its head in that way they have, and then you'd notice its lower lip trembling. We've got two cats at our house, and one of those fake birds on a string, but back then, when you'd whip that bird across the floor, right under their noses, they'd just look at you like: Now? Are you serious?
I mean--yes, of course, we were all sad, it was a terrible time, but the cats were just over the--you'd see two or three in a group, in a field, supine, stretched out full-length, sobbing.
And the thing was, at first--well, there was a lot going on. We were all just running around, shouting, "Did you hear?" and "Jesus, Jesus!," sitting in front of the TV for hours, finding it impossible to believe, over and over. It was like a whole new world.
And as someone pointed out, okay, the cats are sad, but cats don't actually do that much anyway, and the things they do--sit on the couch exuding domesticity or whatever, sprint over when you open a can of catfood, ignore you when you call them--can basically be done just as well sad as happy.
So we went about our business. The business, at that point, being: Figure out how to go on living. By now this was beginning of October, Ground Zero still smoldering. You'd go down there and the smell, the smell of burned rubber, other smells, it was just--Jesus, remember?--the cards, the notes, from the wives, the kids, already fading in the sun--
Which is when we noticed the water. I don't mean tap water. The tap water remained fine. It seemed to be mostly the river water that was--it was, to just come out and say it: flowing backwards. You'd go to a spot where formerly there'd been a beautiful waterfall and there'd be all the water, on the downhill side, kind of surging against the rock, trying to get up. It was heart-rending. And I am not one who would normally describe water as "heart-rending." Even in your driveway, if you were washing the car, the water would run UP the driveway, toward the garage, and would kind of huddle there against the door. Honestly. Somebody--I think it was Roger K., a roofer who lives near me, said it first: That water looks sad. And it did. I turned off the hose, a few of us gathered round, and sure enough, the water looked heartbroken. It was kind of--you couldn't say sobbing, exactly, you know, "heaving in sobs," but there was a kind of, I would call it, surging thing going on, a kind of lapping thing, like it was hurling itself against the garage, in sorrow or--it was actually kind of horrible. Gave you goose-bumps. You expect a kind of neutrality from your water, and when that is not the case...I'm sorry, it's creepy.
So now it's middle of October, nobody feeling right at all.
Which is when the flesh of the cows of the field turned bitter.
The farmers weren't saying much about it at first--they have a living to make, I don't hold it against them--but pretty soon...it was a rust taste. At least that's how I experienced it. And finally the farmers admitted it: Sometime in early October, the cows had literally, all at once, dropped down on their front legs, front...knees or whatever--"as if," one farmer said on the news, "in grief."
You couldn't eat the meat, no way. And the milk--no. It didn't make you sick, exactly, but it left an aftertaste...
Christ, this is too much, we all began saying, we have to--we have to do something!
But what, we did not know.
Then it was early November and we were walking out to the car, to go pick apples, trying our best to live life, you know, and my wife says: What's with these leaves, anyway? And that was true: everything was still green. We thought, well, it happens, global warming, whatever, give it a week. So we gave it a week: Everything still as green as deep summer.
I got out my ladder, went up into the maple in my yard, saw what I saw, came down, got Roger K., asked him to come up too, and although yes, even to me, who was there, it sounds, at this distance, nutty--the leaves, on closer examination, appeared to be in some kind of torment. How should I describe it? They were kind of...crinkling up, then relaxing, crinkling, relaxing: a guy clenching and unclenching his fist.
It was then that Roger K. and I, up in the tree, heard a kind of voice. It was--sure, yes, obviously--the wind, and yet...not. Not really. I mean, not only. Because as we listened carefully--I remember that Roger, in his astonishment (I was astonished too, believe me) reached over and put his hand on my shoulder--as we listened, we heard words. Words in English, female voice, seemed to me:
Strike back, the voice was saying.
It was like a lightning bolt. I almost fell out of the tree. How do you ignore that? We called friend after friend, they went up the ladder, came down, called their friends (some of whom drove over from other towns, other states even) and so many--I wouldn't say every person, but SO many of them heard the voice, that soon--and the other notable thing was, it wasn't just us, not just my tree. Apparently this was happening all over the country. And it wasn't just trees. In Michigan a schoolteacher heard the swings in the playground saying it. The surf all up and down the California coast was reported to be saying it. On the Internet you can find--I've listened to it several times--a tape this guy in New Mexico made of Interstate 40, and it is crystal clear what that highway is saying.
Of course, of course! we all felt. What has been making us so sad is this powerless, passive feeling. That much sadness, no one can just take it. Something has to be done with all this emotion.
This thing was done to us. We have to do something. We have to strike back.
We resolved to do so. You could feel it in the air: Purpose, direction--flags appeared on car antennas, people's eyes got brighter. The cats got the spring back in their step and suddenly mice were no longer safe. Water began doing what water is supposed to do--seismologists detected the sound of thousands of first waves slapping down over thousands of restored waterfalls. The leaves changed, gloriously as I remember it, feeling to us like the miracle that leaf-change actually is. We thought: Wow, orange trees, red trees, yellow freaking trees, we are, all of us, alive again, alive still.
One night around that time, lying in bed, kids asleep, wife asleep, wind outside blowing through the trees forming, blessedly, no words at all--I realized that in our relief and excitement, no one had asked--of the wind, the swingsets, the ocean, the highway--no one had asked what, suddenly, seemed to me a few reasonable questions:
Strike back against whom? And where? And how? And to what end?
I thought about waking my wife. But it was late and we had to work next day, and I thought: the 'who' and the 'where' and the 'how' and the 'to what end?'--that is not now, that is later, that is yet to be decided, by the people who decide such things, people who are, like us, of good will, only more powerful, and know things we don't, and will proceed with discretion, in the full measure of time.
But when I woke next morning, it had already begun.
That was the cats of 9/11 by George Saunders.

We must tell stories against authority, and keep telling them.  
Literature takes us outside of ourselves in a way that can create new ethical possibilities.  Literature, by destabilizing both our identities and faith in the war on terror, makes systems of power tremble.  The act of storytelling disrupts the intellectual foundations the war on terror, drastically limiting the authority of the executive in the process
Gorelick 8 Nate, PHD @ buffalo, Ceda champion, one of my favorite lab leaders of all time. Once gave a lecture titled “the sexual rebuttal” that pretty much changed the game forever. “Imagining Extraordinary Renditions:¶ Terror, Torture and the Possibility of an Excessive Ethics in Literature” Theory and Event, Volume 2 Issue 11

This does not imply that language itself is … that which exceeds the power to comprehend, to control, or to imagine.

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 to engage in targeted killing; indefinite detention; and introduction of the United States Armed Forces into hostilities.
We’ll defend this plan, but not as a starting point--legal action is an end point that must be informed by changing the epistemic foundations of our thinking itself.  Relying merely on legal institutions is insufficient.  You should vote aff if you think our fiction is an effective challenge to executive authority.
Gorelick 8 Nate, PHD @ buffalo, Ceda champion, one of my favorite lab leaders of all time. Once gave a lecture titled “the sexual rebuttal” that pretty much changed the game forever. “Imagining Extraordinary Renditions:¶ Terror, Torture and the Possibility of an Excessive Ethics in Literature” Theory and Event, Volume 2 Issue 11

Extraordinary rendition, torture, the war on terror … other here become obsolete in their duality."49

Tournament: Wake | Round: 3 | Opponent: Augustana AoCa | Judge: Gordon Stables
Battlefield norms
Executive legal discretion for drone use outside active hostilities gets modeled and makes conflict inevitable
Rosa Brooks, Professor of Law, Georgetown University Law Center, Bernard L. Schwartz Senior Fellow, New America Foundation, 4/23/13, The Constitutional and Counterterrorism Implications of Targeted Killing, http://www.judiciary.senate.gov/pdf/04-23-13BrooksTestimony.pdf

Mr. Chairman, I would like to turn now to the legal … use them to justify the killing of dissidents, rivals, or unwanted minorities?

That lowers the threshold for agression and undermines strategy
Rosa Brooks 13, Prof of Law @ Georgetown University Law Center, Bernard L. Schwartz Senior Fellow, New America Foundation, 4/23/13, The Constitutional and Counterterrorism Implications of Targeted Killing, http://www.judiciary.senate.gov/pdf/04-23-13BrooksTestimony.pdf

But the advantages of drones are as overstated and … to Mali 22 and the Philippines as well). 23

Results in great power war—traditional checks don’t apply
Eric Posner 13, a professor at the University of Chicago Law School, May 15th, 2013, "The Killer Robot War is Coming," Slate, www.slate.com/articles/news_and_politics/view_from_chicago/2013/05/drone_warfare_and_spying_we_need_new_laws.html

Drones have existed for decades, but in recent years … restrictions may need to be tightened.

These conflicts go nuclear
Michael J Boyle 13, Assistant Professor of Political Science at La Salle University, former Lecturer in International Relations and Research Fellow at the Centre for the Study of Terrorism and Political Violence at the University of St Andrews, PhD from Cambridge University, January 2013, “The costs and consequences of drone warfare,” International Affairs 89: 1 (2013) 1–29, http://www.chathamhouse.org/sites/default/files/public/International20Affairs/2013/89_1/89_1Boyle.pdf

A second consequence of the spread of … of conflict between them.

Unrestricted drone use causes war in the Caucuses
Clayton 12 (Nick Clayton, Worked in several publications, including the Washington Times the Asia Times and Washington Diplomat. He is currently the senior editor of Kanal PIK TV's English Service (a Russian-language channel), lived in the Caucuses for several years,10/23/2012, "Drone violence along Armenian-Azerbaijani border could lead to war", www.globalpost.com/dispatch/news/regions/europe/121022/drone-violence-along-armenian-azerbaijani-border-could-lead-war)

Armenia and Azerbaijan could soon … not be small. That’s the one thing I’m sure of.” 

Nuclear war
Blank 2k—Stephen, Prof. Research at Strategic Studies Inst. @ US Army War College “U.S. Military Engagement with Transcaucasia and Central Asia”, www.strategicstudiesinstitute.army.mil/pdffiles/pub113.pdf

Washington’s burgeoning military-political-economic … lasting regional commitment.

Plan solves—explicit legal distinctions foster international consensus-building
Daskal 13 Copyright (c) 2013 University of Pennsylvania Law Review University of Pennsylvania Law Review April, 2013 University of Pennsylvania Law Review 161 U. Pa. L. Rev. 1165 LENGTH: 24961 words ARTICLE: THE GEOGRAPHY OF THE BATTLEFIELD: A FRAMEWORK FOR DETENTION AND TARGETING OUTSIDE THE "HOT" CONFLICT ZONE NAME: Jennifer C. Daskal, p. lexis 

Conclusion Legal scholars, policymakers, and state … framework a worthy endeavor.

Europe advantage
Plan is already squo policy - but only legal codification solves European cooperation and international norms
Dworkin 12
Anthony Dworkin is a Senior Policy Fellow at the European Council on Foreign Relations, European Council on Foreign Relations, June 19, 2012, "Obama’s Drone Attacks: How the EU Should Respond", http://ecfr.eu/content/entry/commentary_obamas_drone_attacks_how_the_eu_should_respond

In a speech on the subject last autumn, Obama’s chief …killing of non-state fighters.

T-TIP is uniquely vulnerable.  EU concerns about US counterterror strategy will get drawn into the negotiations  
Levanti 13 – Masters in European Public Affairs @ Maastricht University Natasha Marie Levanti , “The Transatlantic Journey – TTIP and Cautious Optimism,” Bursting the Bubble, 2 September 2013, http://www.europeanpublicaffairs.eu/the-transatlantic-journey-ttip-cautious-optimism/

Transatlantic economic cooperation has … behind recent developments in those two sectors.

T-TIP reduces US dependence on China.  They can’t win offense because more US-European trade is inevitable.
Kelly 13 - PhD Candidate with the Centre for the Study of European Governance @ University of Nottingham  Katrina Kelly, “An American perspective on the EU: The United States should work to ensure European stability,” London School of Economics, February 23, 2013, http://blogs.lse.ac.uk/europpblog/2013/02/23/an-american-perspective-on-the-eu-the-united-states-should-work-to-ensure-european-stability/

Eurosceptiscm is gaining attention and …growth on either side of the Atlantic.

Trade imbalance encourages China bashing that undermines US-China relations.
Ramirez and Rong 12 – Professors of Economics @ George Mason University Carlos D. Ramirez and Rong Rong “China Bashing: Does Trade Drive the “Bad” News about China in the USA?,” Review of International Economics, 20(2), 2012, pg. 350–363

Trade between the USA and … that needs to be elucidated. Pg. 350-351 

Bashing risks nuclear war
Gross 12 - Senior associate of Pacific Forum CSIS Donald Gross (A former State Department official who developed diplomatic strategy toward East Asia. Counselor of the U.S. Arms Control and Disarmament Agency and director of legislative affairs at the National Security Council in the White House), “Quit bashing Beijing — China’s rise is good for America,” Salon, Monday, Oct 22, 2012 03:30 PM EDT, pg. http://www.salon.com/2012/10/22/quit_bashing_beijing_chinas_rise_is_good_for_america/

The routine scapegoating of … a nuclear exchange.

AND, ignoring European concerns forces it to become a counterweight.  We will also control the internal link to every impact in the debate
Stivachtis 10 – Director of International Studies Program @ Virginia Polytechnic Institute and State University Dr. Yannis. A. Stivachtis (Professor of Poli Sci and Ph.D. in Politics and International Relations from Lancaster University), THE IMPERATIVE FOR TRANSATLANTIC COOPERATION,” The Research Institute for European and American Studies, 2010,  pg. http://www.rieas.gr/research-areas/global-issues/transatlantic-studies/78.html

There is no doubt that US-European … alliance outweigh its benefits.

AND, statutory codification of Obama’s policy solves.   Failure allows the issue to quickly fester and undermine relations
Dworkin 13 - Senior policy fellow @ European Council on Foreign Relations Anthony Dworkin (Web editor of the Crimes of War Project which a site dedicated to raising public awareness of the laws of war), “Actually, drones worry Europe more than spying,” CNN’s Global Public Square, July 17th, 2013, 10:31 AM ET, pg.  http://globalpublicsquare.blogs.cnn.com/2013/07/17/actually-drones-worry-europe-more-than-spying/)

Relations between the United States and … with European countries more likely.

Plan/solvency
The United States Federal Government should restrict the President’s war powers authority for targeted killing as a first resort outside zones of active hostilities.

Only congressional action on the scope of hostilities sends a clear signal that the US abides by the laws of armed conflict
Kenneth Anderson, Professor of Law, Washington College of Law, American University, and Research Fellow, The Hoover Institution, Stanford University and Member of its Task Force on National Security and the Law, 3/18/10, Rise of the Drones: Unmanned Systems and the Future of War, digitalcommons.wcl.american.edu/cgi/viewcontent.cgi?article=1002andcontext=pub_disc_cong

• First, the United States government …both their use and their limits in law.

That solves global war – US precedent is key
Kristen Roberts 13, news editor for the National Journal, master in security studies from Georgetown, “When the Whole World Has Drones”, March 22, http://www.nationaljournal.com/magazine/when-the-whole-world-has-drones-20130321

The proliferation of drone technology … a legal and moral one as well.

The executive will comply. Obama is working closely with Congress to size down the AUMF.
Brown 13 Hayes Brown, "Obama Lays Out Plan To End The War Against Al Qaeda,” Think Progress, May 23, 2013 at 3:52 pm, pg . http://thinkprogress.org/security/2013/05/23/2055331/obama-aumf-repeal/

President Obama delivered a wide ranging … of preventing terrorism will be implemented.

Resolving EU drone backlash is key issue to solve complete alliance collapse
Devin Streeter, Liberty University Strategic Intelligence Society, Director of Activities, Public Relations, and Recruitment, 4/19/2013, http://www.academia.edu/3523639/U.S._Drone_Policy_Tactical_Success_and_Strategic_Failure

In essence, the United States has … change in drone protocol is needed.

Tournament: Wake | Round: 2 | Opponent: Idaho State DoIv | Judge: Andy Montee
2AC—AT: Gender/Lesbian Separatism
The plan is key—the security regime we challenge is the archtypical exercise of masculine power
Markwick 10—Michael Markwick, Lecturer at Simon Fraser University, Ph.D candidate in philosophy at Simon Fraser University Spring 2010, “Terror and Democratic Communication,” Ph.D Dissertation, http://summit.sfu.ca/item/9989

This construction of the safe citizen is, in … cosseted dependent of the executive branch. 

Their insistence on negativity and a particular starting point is problematic—only our inclusive approach can create movements and tangible change

Brand-Jacobsen, 2005Kai Frithjof Brand-Jacobsen is founder and Director of the Peace Action, Training and Research Institute of Romania (PATRIR) and Co-Director of TRANSCEND, and is on the Executive Board of the TRANSCEND Peace University (TPU) where he is Course Director for the courses Peacebuilding and Empowerment and War to Peace Transitions. He has worked in Afghanistan, India, Pakistan, Nepal, Russia, South Eastern Europe, North America, Colombia, Somalia, Cambodia, Aceh-Indonesia and the Middle East at the invitation of governments, inter-governmental organisations, UN agencies, and local organisations and communities. He has written and published widely, and is author of The Struggle Continues: The Political Economy of Globalisation and People's Struggles for Peace (Pluto, forthcoming), co-author, together with Johan Galtung and Carl Jacobsen, of Searching for Peace: The Road to TRANSCEND (Pluto, 2000 and 2002) and Editor of the TRANSCEND book series published together with Pluto Press, Constructive Peace Studies: Peace by Peaceful Means. He is a member of the Executive Board of the Journal of Peace and Development and the Executive Board of the Centre for Peace and Conflict Resolution. In 1999 he was founder and Director of the Coalition for Global Solidarity and Social Development, and in 2000, together with Johan Galtung, he was founder of the Nordic Institute for Peace Research (NIFF). Since 1996 he has provided more than 250 training programmes in peacebuilding, development, and constructive conflict transformation to more than 4000 participants in 30 countries. http://www.globalsolidarity.org/articles/peace_means_kai.html

Dear Friends, The discussions which have taken place over … men, politicians, or fuhrers) are all necessary. 

The plan is a prerequisite to the K – must evaluate states of exception in order to understand gender theory. Anything else allows for military intervention in the name of gender equality – Afghanistan proves
Blake 09 Sarah Blake, Journal of International Women's Studies Volume 11 Issue 3 Winning and Short-listed Entries from the 2007 Feminist and Women’s Studies Association Annual Student Essay Competition Article 5 Sep-2009 The War on Terrorism as State of Exception: A Challenge for Transnational Gender Theory http://vc.bridgew.edu/cgi/viewcontent.cgi?article=1192andcontext=jiwsandsei-redir=1andreferer=http3A2F2Fscholar.google.com2Fscholar3Fstart3D1026q3D2522gender25222B2522indefinite2Bdetention252226hl3Den26as_sdt3D02C11#search=22gender20indefinite20detention22
Theoretical engagements of ‘States of … exercise of power in new ways. 

The first link is essentialism--—not only does this fail to take lesbians into account, it ignores women who have restructured their relations with men.  They claim actively excludes some women.
Cain, 1994 Patricia, Professor of Law, University of Iowa. ”LESBIAN PERSPECTIVE, LESBIAN EXPERIENCE, AND THE¶ RISK OF ESSENTIALISM” 2 Va. J. Soc. Pol'y and L. 43 

I have a different response to theorists who … "woman" is to exclude some women. 74

The second link is age--age allows older women to express non-traditional gender norms and roles—their analysis ignores this.  Their binary thinking loses it’s organizing power during old age—ignoring this is both ageist and reproduces inequalities.
Silver, 2003 Catherine, Brooklyn College and The Graduate Center, Gendered identities in old age: Toward (de)gendering? Journal of Aging Studies¶ 17 (2003) 379–397

Today, older women have more choices … include an epistemology of age.

The third link is bisexual invisibility—women who still or also enjoy sex with men cannot express themselves or their experiences—they would be rejected by the aff—this causes bisexual people to internalize the same sort of repressive structure they criticize
Hartman, 2006 Julie E. Hartman, PHD gender and sociology, (2006) Another Kind of ¶ “¶ Chilly Climate¶ ”¶ , Journal¶ of Bisexuality, 5:4, 61-76

The “Chilly Climate” of Discrimination …… pressure to hide their “heterosexual side.

Permutation- embrace the position of the bisexual—as opposed to their totalizing binary politics, we should refuse both heterosexuality AND homosexuality as two sides of the same coin.  This provides individual agency while also supplying a challenge to patriarchy—it’s the only solution to provide agency
Hartman, 2006 Julie E. Hartman, PHD gender and sociology, (2006) Another Kind of ¶ “¶ Chilly Climate¶ ”¶ , Journal¶ of Bisexuality, 5:4, 61-76

In addition to queer theory, post-structuralists …oneself into a category.

Appeals for institutional restrain are a crucial supplement to political resistance to executive power.

David COLE Law @ Georgetown ’12 “The Politics of the Rule of Law: The Role of Civil Society in the Surprising Resilience of Human Rights in the Decade after 9/11” http://www.law.uchicago.edu/files/files/Cole201.12.12.pdf p. 51-53

As I have shown above, while … society dedicated to reinforcing and defending constitutional values.

No root cause of war so changing existing norms alone fails– counter-cultural pressures require political agency that respects the power of dominant systems.
Jack SNYDER IR @ Columbia ’12 in Power and Progress p. 88-92

The end of the Cold War has given rise to hopes among many … differentiated, rational- legal institutions

Tournament: UK | Round: 1 | Opponent: James Madison BoMi | Judge: JV Reed
Internal critique of settler society and executive authority more likely to be successful than their utopian external critique.

Aziz RANA Law @ Cornell ’11 The Two Faces of American Freedom p. 14-19

In emphasizing how settlerism set the ideological and structural parameters for collective life, my
AND
power could be made compatible with a fuller and more inclusive moral identity.

Militant opposition and compromise with the settler state are both important for indigenous resistance.  

Jace WEAVER Director of the Inst. of Native American Studies Franklin Professor of Native American Studies and Religion @ Georgia ‘7 “More Light Than Heat The Current State of Native American Studies” American Indian Quarterly 31 (2) p.248-251

In our histories, we know numerous warriors who took up arms to defend their
AND
then will we stand a chance of consistently generating more light than heat.

Their insistence on negativity and a particular starting point is problematic—only our inclusive approach can create movements and tangible change

Brand-Jacobsen, 2005Kai Frithjof Brand-Jacobsen is founder and Director of the Peace Action, Training and Research Institute of Romania (PATRIR) and Co-Director of TRANSCEND, and is on the Executive Board of the TRANSCEND Peace University (TPU) where he is Course Director for the courses Peacebuilding and Empowerment and War to Peace Transitions. He has worked in Afghanistan, India, Pakistan, Nepal, Russia, South Eastern Europe, North America, Colombia, Somalia, Cambodia, Aceh-Indonesia and the Middle East at the invitation of governments, inter-governmental organisations, UN agencies, and local organisations and communities. He has written and published widely, and is author of The Struggle Continues: The Political Economy of Globalisation and People's Struggles for Peace (Pluto, forthcoming), co-author, together with Johan Galtung and Carl Jacobsen, of Searching for Peace: The Road to TRANSCEND (Pluto, 2000 and 2002) and Editor of the TRANSCEND book series published together with Pluto Press, Constructive Peace Studies: Peace by Peaceful Means. He is a member of the Executive Board of the Journal of Peace and Development and the Executive Board of the Centre for Peace and Conflict Resolution. In 1999 he was founder and Director of the Coalition for Global Solidarity and Social Development, and in 2000, together with Johan Galtung, he was founder of the Nordic Institute for Peace Research (NIFF). Since 1996 he has provided more than 250 training programmes in peacebuilding, development, and constructive conflict transformation to more than 4000 participants in 30 countries. http://www.globalsolidarity.org/articles/peace_means_kai.html

Peace by Peaceful Means

Dear Friends, The discussions which have taken
AND
slave owners, men, politicians, or fuhrers) are all necessary. 

We must reject hopelessness—participating in democratic movements via solidarity with causes creates the CULTURAL and PSYCHOLOGICAL building blocks necessary for anti-authoritarian movements at home AND abroad—refusing this solidarity creates a cycle of pessimism, passivity, and mental slavery.  The Aff, even if it cannot itself accomplish anything, is a psychological prerequisite for any change.
Levine 11 Bruce, Bruce E. Levine, PhD, is a clinical psychologist in private practice in Cincinnati, Ohio. He has been in practice for more than two decades.citation neededLevine's most recent book is Get Up, Stand Up: Uniting Populists, Energizing the Defeated, and Battling the Corporate Elite (Chelsea Green Publishing, 2011, ISBN 1603582983). It calls for a new kind of politics to help Americans overcome political demoralization. http://october2011.org/blogs/kevin-zeese/how-anti-authoritarians-can-transcend-their-sense-hopelessness-and-fight-back

Critical thinking anti-authoritarians see the enormity of the military-industrial complex,
AND
practice creating those psychological and cultural building blocks required for an enduring democracy.

Perm: Our politics should question the settler state while refusing the false choice between the end of the USFG and indigenous self-determination.

Kevin BRUYNEEL Politics @ Babson ‘7 The Third Space of Sovereignty p. 217-223

In writing this book, a question often popped into my mind, the one
AND
struggles for indigenous sovereignty may well take across the boundaries of colonial rule.

Their political stance isn’t mutually exclusive with our critique of U.S. exceptionalism—having a broader critique of U.S. global authority is necessary for domestic movements.  The alternative’s refusal to take a broader stance links to our impact
Aziz RANA Law @ Cornell 11 The Two Faces of American Freedom p. 329-336

Our only hope today lies in our ability to recapture the revolutionary spirit and go
AND
power only with the continual investment of yet greater economic and military resources/

. King saw American support for apartheid governments across southern Africa-through corporate capital
AND
a broad-based commitment to self-rule at home and abroad.

Tournament: Harvard | Round: 5 | Opponent: Texas FiMa | Judge: Eric Morris
Universalizing the camps turns into a victory for fascism. Treating all present politics their theory erases the actual uses by victims of conventional ethical categories like dignity as a means of survival.
Dominick LaCAPRA Bryce and Edith M. Bowmar Professor of Humanistic Studies @ Cornell ‘4 History in Transit: experience, identity, critical theory p.  180-185

Agamben not only sees Primo Levi as speaking for the … as not having a world or a form of life). 

Human life outweighs - we're the only ones who can protect the Earth from disasters
Matheny 9 (Jason Gaverick, research associate with the Future of Humanity Institute at Oxford University, where his work focuses on technology forecasting and risk assessment - particularly of global catastrophic risks and existential risks, Sommer Scholar and PhD candidate in Applied Economics at Johns Hopkins University, March 14, “Ought we worry about human extinction? 1”, http://jgmatheny.org/extinctionethics.htm)

At the same time, we’re probably the only animal on Earth that routinely … animals, humanity is the animal kingdom’s best long-term hope for survival.

Rejection of anthropocentrism undermines pragmatic attempts at environmental protection.
Andrew Light, July 2002. Associate professor of philosophy and environmental policy, and director of the Center for Global Ethics at George Mason University. “Contemporary Environmental Ethics From Metaethics to Public Philosophy,” Metaphilosophy 33.4, Ebsco.

With this variety of views in the field, how should environmental ethics proceed? One answer would be … contribution to debates in environmental policy.

Causes counter-movements
Martin Lewis, 1994. Lecturer in history and director of the International Relations program at Stanford. Green Delusions, p. 6-7, Google Books.

The most direct way in which eco-extremists threaten … be able to act on such convictions.

Turn – the idea that animals are equal to humans results in a devaluation of all life, makes the worst atrocities possible
Schmahmann and Polacheck, 1995 (David R. and Lori J., Partners in the firm of Nutter, McLennan and Fish, Boston College Environmental Affairs Law Review, Spring)

In the end, however, it is the aggregate of these characteristics … human being and the Colorado beetle. 26

Their ethics can’t overcome traditional social barriers to how/why we treat others.  it would be better to advocate for the institutionalization of expanding our traditional theories of ethics to apply to animals.  
Paola CAVALIERI Editor Etica and Animalia ‘8 in Animal Subjects p. 112-114

The situation is analogous if we turn to Derrida's … comings of an unsatisfactory approach to ethics."

Tournament: Harvard | Round: 3 | Opponent: NYU GZ | Judge: Pointer
The alt engages in uncritical oversimplification—context and content ARE relevant—their blanket criticism is shoddy scholarship that ought to be rejected—prefer our appeal to specificity—specificity matters—take the common sense test
Kellner, 2002 Douglas, Prof at UCLA, “Baudrillard: A New McLuhan?” http://gseis.ucla.edu/faculty/kellner/illumina20folder/kell26.htm

Yet doubts remain as to whether the media … pronouncements replace careful analysis and critique.

Their epistemology is flawed—treating all information as the same is self contradictory and ignores the fact that humans cannot be divorced from their context
King 1998. (Anthony, , Professor at Essex University,   A Critique of Baudrillard's Hyperreality: Towards a Sociology of Postmodernism. Philosophy and Social Criticism 24 (6):47-66.)

(ii) The poverty of Cartesianism The notion of hyperreality is a … before we can begin to contemplate that world.

Their attempt to break free of information using the same terms and strategies is impossible—we need pragmatic action and carefully researched argumentation and information to create real change--there is no end to wordplay—criticism, action, and change are impossible in their world, which means status quo information oversaturation will continue to dominate our thought unabated
King, 1998 Anthony, Professor at Essex University, Telos Journal, “Baudrillard’s Nihilism and the End of Theory”, http://eric.exeter.ac.uk/exeter/bitstream/10036/71394/1/King2520Baudrillard2520Telos.pdf

Compare this style of writing with J. G. Ballard’s Crash — a novel providing a very … into the hyperbolic reification of mere assertions.

Giving up on connecting to conventional democratic institutions creates a higher level of cooptation and complacency.
Lobel 07 (Orly Lobel, Assistant Professor of Law, University of San Diego, THE PARADOX OF EXTRALEGAL ACTIVISM: CRITICAL LEGAL CONSCIOUSNESS AND TRANSFORMATIVE POLITICS, Harvard Law Review, 2007, Vol. 120)

Both the practical failures and the fallacy of rigid boundaries generated by extralegal … legitimated through a process of self-mystification.

Tournament: Wake | Round: 5 | Opponent: North Texas AnKe | Judge: Sarah Lundeen
2AC AT: Colonialism K
Simualted national security law debates inculcate agency and decision-making skills—that enables activism and avoids cooption  
Laura K. Donohue, Associate Professor of Law, Georgetown Law, 4/11/13, National Security Law Pedagogy and the Role of Simulations, http://jnslp.com/wp-content/uploads/2013/04/National-Security-Law-Pedagogy-and-the-Role-of-Simulations.pdf

The concept of simulations as an aspect of potential direction for the years to come.

Appeals for institutional restrain are a crucial supplement to political resistance to executive power.

David COLE Law @ Georgetown ’12 “The Politics of the Rule of Law: The Role of Civil Society in the Surprising Resilience of Human Rights in the Decade after 9/11” http://www.law.uchicago.edu/files/files/Cole201.12.12.pdf p. 51-53

As I have shown above, while political … and defending constitutional values.

No root cause of war so changing existing norms alone fails– counter-cultural pressures require political agency that respects the power of dominant systems.
Jack SNYDER IR @ Columbia ’12 in Power and Progress p. 88-92

The end of the Cold War has given rise to hopes … differentiated, rational- legal institutions

Method focus fails---power/knowledge doesn’t cause everythingto be false, but having verifiable claims is important
Kratochwil, professor of international relations – European University Institute, ‘8
(Friedrich, “The Puzzles of Politics,” pg. 200-213)

In what follows, I claim that the … and improved” versions of familiar products.

The system’s resilient and the alt fails
Gideon Rose 12, Editor of Foreign Affairs, “Making Modernity Work”, Foreign Affairs, January/February

The central question of modernity … seem the better long-term bet.

Fast capitalism solves the impact to its own environmental crisis, but sustainability is impossible because of complexity
Jason Potts 10 – date inferred, economics prof at the Royal Melbourne Institute of Technology, An entrepreneurial model of economic and environmental co-evolution, http://www.uq.edu.au/economics/abstract/409.pdf

The defining feature of this alternate … destroy such interests.

No risk of endless warfare
Gray 7—Director of the Centre for Strategic Studies and Professor of International Relations and Strategic Studies at the University of Reading, graduate of the Universities of Manchester and Oxford, Founder and Senior Associate to the National Institute for Public Policy, formerly with the International Institute for Strategic Studies and the Hudson Institute (Colin, July, “The Implications of Preemptive and Preventive War Doctrines: A Reconsideration”, http://www.ciaonet.org/wps/ssi10561/ssi10561.pdf)

7. A policy that favors preventive … nothing if not pragmatic.

Maximizing all lives is the only way to affirm equality
Cummiskey 90—David, Professor of Philosophy, Bates Kantian Consequentialism, Ethics 100.3, p 601-2, p 606, JSTOR

We must not obscure the issue by characterizing … do not have overriding importance.

Ethical policymaking requires calculation of consequences
Gvosdev 5—Nikolas, Rhodes Scholar, PhD from St. Antony’s College, executive editor of The National Interest “The Value(s) of Realism,” SAIS Review 25.1, Project Muse

As the name implies, realists focus on promoting … condemned on moral grounds.

AT: Roleplaying
One state action doesn’t legitimize it
Mervyn Frost, U of Kent, 1996, Ethics in Int’l Relations, p. 90-1

A first objection which seems … government and so on.

We don’t call for role-playing, only policy-analysis---that’s effective and productive
Shulock 99 Nancy, PROFESSOR OF PUBLIC POLICY --- professor of Public Policy and Administration and director of the Institute for Higher Education Leadership and Policy (IHELP) at Sacramento State University, The Paradox of Policy Analysis: If It Is Not Used, Why Do We Produce So Much of It?, Journal of Policy Analysis and Management, Vol. 18, No. 2, 226–244 (1999)

In my view, none of these radical … can supply the ideas.
AT: TK Link
Their impact is wrong – debate over even the most technical issues improves decision-making and advocacy
Orna Ben-Naftali, Head of the International Law Division and of the Law and Culture Division, The Law School, The College of Management Academic Studies, Spring 2003, ARTICLE: 'We Must Not Make a Scarecrow of the Law': A Legal Analysis of the Israeli Policy of Targeted Killings, 36 Cornell Int'l L.J. 233

Our analysis concludes that while a … contribute to this modest goal.

AT: Norms Links
States choose to follow LOAC based on a system of incentives – studies prove that solves violence
Prorock and Appel 13 (Alyssa, and Benjamin, Department of Political Science, Michigan State University, “Compliance with International Humanitarian Law: Democratic Third Parties and Civilian Targeting in Interstate War,” Journal of Conflict Resolution 00(0) 1-28) 

Coercion is a strategy of statecraft … it when the clarity condition is met.

Tournament: UKRR | Round: 7 | Opponent: Michigan AP | Judge: Andrea Reed
Using national security to justify restraints on the executive is self-defeating.  Security discourse consolidates authoritarian politics.
Aziz RANA Law at Cornell 11 “Who Decides on Security?” Cornell Law Faculty Working Papers, Paper 87, http://scholarship.law.cornell.edu/clsops_papers/87 p. 1-7

Today politicians and legal scholars routinely invoke fears that the balance between liberty and security
AND
normative assumptions required to sustain popular involvement in matters of threat and safety.

Tournament: UKRR | Round: 7 | Opponent: Michigan AP | Judge: Andrea Reed
Their repetition of terrorist threats reinforces stereotypes and leads to a fearful, securitized, islamophobia.  Their disadvantage fuels calls to war and is academically suspect.

Streuner and Willis, 2009 Dr. Erin Steuter a nd Dr. De borah Wills Depart ment o f Soci ology Mount Allis on Univer sity rin Steuter and Deborah Wills are the authors of At Wa r with Meta phor: Media Propaganda and Racism in th e Wa r on Terr or (Lexington Books, 2008). Erin Steuter is an a ssociate professor of Soci ology where she specializes in examining the ideological repr esentations of the ne ws. Recip ient of multiple awards for her teaching and r esearch, her research and published works have appeared in Political Communication and Persuasion , Canadian Jo urnal of Communication , Journal of American and Comparative C ultures , a nd other noted academic journals. Deborah Wills is an associa te professor of English at Mount Allison University . “iscourses of Dehumanization:  Enemy Construction and Canadian Media Complicity  in the Framing of the War on Terror “http:www.gmj.uottawa.ca/0902/v2i2_steuter20and20wills.pdf

One of the least visible … of why such images are so necessary and  prevalent. 

Presenting the impact of terrorism feeds a political culture that favors preemptive violence—makes war inevitable and causes error replication

Erickson 08 (Ericsonwas Professor and Director, Centre of Criminology, University of Toronto, Canada, “Risk and the War on Terror”, http://www.didierbigo.com/students/readings/IPS2011/12/Risk_and_the_War_on_Terror.pdf#page=40)

Terrorism makes precautionary … a cultural, not just a physical, entity.

Terrorism is politically motivated—only our radical action of stepping back and taking blame can address the real grievences 

Blum, 2004Willian, William Blum is an author, historian, and renowned critic of U.S. foreign policy. He is the author of Killing Hope: U.S. Military and CIA Interventions Since World War II and Rogue State: A Guide to the World’s Only Superpower. In early 2006, Blum briefly became the subject of widespread media attention when Osama bin Laden issued a public statement in which he quoted Blum and recommended that all Americans read Rogue State: A Guide to the World's Only Superpower. As a result of the mention sales of his book greatly increased. "I was quite surprised and even shocked and amused when I found out what he'd said," Blum said. "I was glad. I knew it would help the book's sales and I was not bothered by who it was coming from. If he shares with me a deep dislike for certain aspects of US foreign policy, then I'm not going to spurn any endorsement of the book by him. I think it's good that he shares those views and I'm not turned off by that."4 On the Bin Laden endorsement Blum stated "This is almost as good as being an Oprah book."1  http://williamblum.org/chapters/freeing-the-world-to-death/myth-and-denial-in-the-war-against-terrorism

It dies hard. It dies very hard. The notion that terrorist acts against
AND
in the White House. On the fourth day, I’d be assassinated.

All war on terror evidence is suspect – terrorism-security complex narrows our debates to meaningless factoids.  

Glenn GREENWALD Columnist @ Salon – Winner IF Stone Award for Investigative Journalism and Online Journalism Association Award ‘11
http://www.salon.com/2011/12/05/politifact_and_the_scam_of_neutral_expertise/

But the real import of …. decreed it, and thus is it proven. 

The risk of nuclear terrorism is vanishingly small --- terrorists must succeed at each of twenty plus stages --- failing at one means zero risk.
Mueller ‘10 (John, Woody Hayes Chair of National Security Studies at the Mershon Center for International Security Studies and a Professor of Political Science at The Ohio State University, A.B. from the University of Chicago, M.A. and Ph.D. @ UCLA, Atomic Obsession – Nuclear Alarmism from Hiroshima to Al-Qaeda, Oxford University Press, Accessed @ Emory)

LIKELIHOOD In his thoughtful, influential, and well-argued 2004 book, Nuclear
AND
to find the prospects daunting and accordingly uninspiring or even terminally dispiriting. "

Tournament: USC | Round: 1 | Opponent: MSU BuSt | Judge: Lincoln Garrett
1AC—Korematsu
Internment
The Korematsu-era cases present a flawed institutional and racist stance on indefinite detention---it was not based on military necessity, only racial discrimination
G. Edward White 11, Distinguished Professor of Law and University Professor, University of Virginia School of Law, December 2011, "Symposium: Supreme Mistakes: Determining Notoriety in Supreme Court Decisions," Pepperdine Law Review, 39 Pepp. L. Rev. 197, lexis nexis
II. Examples of Notorious Mistakes: A First Look¶ ¶ In the long
AND
the criteria suggests that three of them seem heavily dependent on the fourth.

The decisions are among the worst court decisions in history by every criteria---the social and human impact is incalculable
Erwin Chemerinsky 11, Dean and Distinguished Professor of La w, University of California, Irvine School of Law, April 1st, 2011, "Korematsu v. United States: A Tragedy Hopefully Never to Be Repeated," Pepperdine Law Review, pepperdinelawreview.com/wp-content/plugins/bag-thumb/bag_thumb885_07_chemerinsky_camera_ready.pdf
III. WHY KOREMATSU WAS ONE OF THE WORST DECISIONS IN HISTORY¶ Applying the
AND
be upheld only if it is necessary to achieve a compelling government interest.

Racism makes war and violence inevitable---it presents enemies as biologically inferior to justify their extermination
Eduardo Mendieta 2, PhD and Associate professor of Stonybrook School of Philosophy, April 25th, 2002, "'To make live and to let die' - Foucault on Racism,'" Meeting of the Foucault Circle, APA Central Division Meeting, Chicago, April 25th, 2002, www.stonybrook.edu/commcms/philosophy/people/faculty_pages/docs/foucault.pdf
This is where racism intervenes, not from without, exogenously, but from within
AND
of the living, then these threats and foes are biological in nature.
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.

While Korematsu should be repudiated for its racist underpinnings, a singular focus on explicit discrimination is insufficient. Korematsu was not decided along racial lines, which illustrates how presidential war powers justification serves as a vector for opression. Furthermore, Bush lawyers revived Korematsu and concurrant military cases to justify the war on terror, and insufficient exposure to this historical legacy prevented effective legal opposition. Resistance to presidential war powers must begin with an investigation and repudiation of the “Korematsu era”. This will faciliate meaningful restraints on the executive and reclaim the narrative of war on terror legality.
Craig Green 11, Professor of Law, Temple University Beasley School of Law; John Edwin Pomfret Fellowship, Princeton University; J.D., Yale Law School, 2011, "Ending the Korematsu Era: An Early View from the War on Terror Cases," Northwestern University School of Law, Vol. 105, No. 3,www.law.northwestern.edu/lawreview/v105/n3/983/LR105n3Green.pdf

INTRODUCTION
When President George W. Bush started the Global War on Terror (GWOT)
AND
confronting their own debates over how judicial and presidential powers interact during wartime.

We should officially repudiate the interment cases to prevent future deployment of violent racial myths
Peter Irons 13, Civil Rights Attorney, and professor emeritus of political science, "UNFINISHED BUSINESS: THE CASE FOR SUPREME COURT REPUDIATION OF THE JAPANESE AMERICAN INTERNMENT CASES," 2013, http://lawprofessors.typepad.com/files/case-for-repudiation-1.pdf-http://lawprofessors.typepad.com/files/case-for-repudiation-1.pdf
CONCLUSION¶ Over the past seven decades, many distinguished scholars and judges have implored
AND
an obligation to provide the “expiation” for which he prophetically called.

Our treatment of the Japanese during World War II was the culmination of mythic tropes surrounding savage warfare and the noble settler. This pervasive ideology conceives of war as a necessary cycle of cleansing and regeneration, so unless we eradicate it from our culture and legal system the ongoing racial genocide will accelerate to complete extermination.
SLOTKIN 1985 (Richard, Olin Professor of American Studies @ Wesleyan, The Fatal Environment,  p. 60-61)
This ideology of savage war has become an essential trope of our mythologization of history
AND
justify many critics in the belief that America is an exceptionally violent society.

The Internment Case precedents make future internment likely
Nathan Watanabe 4, J.D. Candidate, University of Southern California Law School, 2004, "Internment, Civil Liberties, and a Nation in Crisis," Southern California Interdisciplinary Law Journal, 13 S. Cal. Interdisc. L. J. 2003-2004, Hein Online
The Internment Cases' Court failed to address the "necessity" aspect of heightened scrutiny
AND
times, these relics of the past are factually analogous and legally applicable.

Its existence on the books allows for the justification of racially discriminatory war policy
Ilya Somin 13, Professor of Law at George Mason University School of Law; earned his B.A., Summa Cum Laude, at Amherst College, M.A. in Political Science from Harvard University, and J.D. from Yale Law School, March 13th, 2013, "Repudiating the Japanese Internment Decisions," www.volokh.com/2013/03/13/repudiating-the-japanese-internment-decisions/
I. The Case for Repudiation.¶ As Irons notes, the overwhelming majority of
AND
elite opinion make racially discriminatory war policies more popular than they are now.
The precedent creates a loaded gun mentality adopted by president after president---it just takes one reckless one to exploit the decision
Craig Green 11, Professor of Law, Temple University Beasley School of Law; John Edwin Pomfret Fellowship, Princeton University; J.D., Yale Law School, 2011, "Ending the Korematsu Era: An Early View from the War on Terror Cases," Northwestern University School of Law, Vol. 105, No. 3,www.law.northwestern.edu/lawreview/v105/n3/983/LR105n3Green.pdf
B. “Tools Belong to the Man Who Can Use Them” 295¶
AND
loaded weapon just waiting for some reckless President to grab and fire. 298

Solvency
Plan
The ongoing legacy of the Korematsu Era war powers authority cases should be repudiated and ended.

Debate should be a site for critical interrogation of our national history – this prevents colonial nostalgia and reinvocation of problematic narratives.
TROFANENKO 5 (Brenda, Professor in the Department of Curriculum and Instruction, University of Illinois, The Social Studies, Sept/Oct)

The debates about the overwhelming problems, limitations, and disadvantages of social studies education
AND
but rather an opportunity for genuine productive study, discussion, and learning.

We must interrogate the Internment decisions to correct the precedents set for abuses of Presidential War powers---now is key
Craig Green 11, Professor of Law, Temple University Beasley School of Law; John Edwin Pomfret Fellowship, Princeton University; J.D., Yale Law School, 2011, "Ending the Korematsu Era: An Early View from the War on Terror Cases," Northwestern University School of Law, Vol. 105, No. 3,www.law.northwestern.edu/lawreview/v105/n3/983/LR105n3Green.pdf
IV. EPILOGUE : WHAT THE KOREMATSU ERA MEANS NOW¶ Iconic war powers precedents
AND
that the 9/11 era has firmly and quietly laid to rest.

Korematsu survives silently as a precedent for future violence---only public debate can prevent history from repeating itself
Dean Masaru Hashimoto 96, Assistant Professor of Law at Boston College, “ARTICLE: THE LEGACY OF KOREMATSU V. UNITED STATES: A DANGEROUS NARRATIVE RETOLD”, Fall 1996, 4 UCLA Asian Pac. AM. Law Journal 72, Lexis
During times of war, citizens must bear tremendous costs and burdens; indeed,
AND
meaning of Korematsu can its potentially dangerous principles and rhetoric be limited effectively.
Student debate about internment is critical to actual political development---influences the durable shifts in checks and balances
Dominguez and Thoren 10 Casey BK, Department of Political Science and IR at the University of San Diego and Kim, University of San Diego, Paper prepared for the Annual Meeting of the Western Political Science Association, San Francisco, California, April 1-3, 2010, “The Evolution of Presidential Authority in War Powers”, http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1580395
Students of American institutions should naturally be interested in the relationships between the president and
AND
study change over time in Congress’ relations to the other branches of government.

Correcting the past is a prerequisite to fixing the future---otherwise future racist policies are inevitable
Wendell L. Griffen 99, Judge for the Arkansas Court of Appeals, "RACE, LAW, AND CULTURE: A CALL TO NEW THINKING, LEADERSHIP, AND ACTION," University of Arkansas at Little Rock Law Review, 21 U. Ark. Little Rock L. Rev. 901, 1999, Lexis Nexis
We have yet to admit the racism that resulted in Chinese exclusion laws in the
AND
government, law, economics, education, and societal life in general.

The Courts have the duty and power to correct this mistake---repudiation would be effective
Peter Irons 13, Civil Rights Attorney, and professor emeritus of political science, "UNFINISHED BUSINESS: THE CASE FOR SUPREME COURT REPUDIATION OF THE JAPANESE AMERICAN INTERNMENT CASES," 2013, http://lawprofessors.typepad.com/files/case-for-repudiation-1.pdf-http://lawprofessors.typepad.com/files/case-for-repudiation-1.pdf
This essay presents the case for the Supreme Court to follow President Lincoln’s example by
AND
to correct its tainted records through a public repudiation of the wartime decisions.
The plan is necessary to ensure other race based policies are repudiated
Frank H. Wu 2, Professor of Law, Howard University, September 2002, "Profiling in the Wake of September 11," Justice Magazine, http://www.americanbar.org/publications/criminal_justice_magazine_home/crimjust_cjmag_17_2_japanese.html
The condemnation of the internment may lead to the condoning of milder measures in the
AND
All the Laws But One: Civil Liberties in Wartime (Knopf 1998).)

Tournament: D6 | Round: 1 | Opponent: Samford CH | Judge: Dave Arnett
1AC—Advantage
Contention one is the master narrative
The American history of World War II makes one thing very clear—we were on the right side of it. The Nazis embodied the closest we’d ever seen to “pure evil”, and our good ‘ol boys sailed over there to show him whats what. All in all, we were the heroes.
Except for that sticky little issue of internment. If the Nazis were pure evil because of their concentration camps, and we detained over a hundred thousand Japanese individuals because of their race, what did that make us?
G. Edward White 11, Distinguished Professor of Law and University Professor, University of Virginia School of Law, December 2011, "Symposium: Supreme Mistakes: Determining Notoriety in Supreme Court Decisions," Pepperdine Law Review, 39 Pepp. L. Rev. 197, lexis nexis

In the long …of them seem heavily dependent on the fourth.

We received internment as a historical footnote because United States national mythology conceives of history as a recurring push and pull between the objectively “good” and the objectively “evil”. Sure, we made mistakes but war is war, and even the noble crusaders of god had to make sacrifices for the greater good. Because we conceived of international relations as a bipolar opposition between the “right” and “wrong” side of history, us and them, masculine and feminine, we felt vindicated when we used the atomic bomb against Japan and simultaneously catalyzed the cold war. Failing to disrupt this historical narrative guarantees that the U.S. will continue to accelerate its ongoing genocidal massacres.
SLOTKIN 1985 (Richard, Olin Professor of American Studies @ Wesleyan, The Fatal Environment,  p. 60-61)

This ideology of savage war has become …an exceptionally violent society.

The Korematsu Era decisions are among the worst in history by every criteria---the social and human impact of institutional violence is incalculable
Erwin Chemerinsky 11, Dean and Distinguished Professor of La w, University of California, Irvine School of Law, April 1st, 2011, "Korematsu v. United States: A Tragedy Hopefully Never to Be Repeated," Pepperdine Law Review, pepperdinelawreview.com/wp-content/plugins/bag-thumb/bag_thumb885_07_chemerinsky_camera_ready.pdf

III. WHY KOREMATSU WAS ONE OF THE WORST …to achieve a compelling government interest.

Korematsu targeted the Japanese solely because of their national origin, but American Italians and Germans were not detained as a group. 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 …wager, but the stakes are irresistible.

The Internment Case precedents make future internment likely
Nathan Watanabe 4, J.D. Candidate, University of Southern California Law School, 2004, "Internment, Civil Liberties, and a Nation in Crisis," Southern California Interdisciplinary Law Journal, 13 S. Cal. Interdisc. L. J. 2003-2004, Hein Online

The Internment Cases' Court failed to … analogous and legally applicable.
Plan
The ongoing legacy of the Korematsu Era war powers authority cases should be repudiated and ended.

1AC—Solvency
Contention Two is the revision
While Korematsu should be repudiated for its racist underpinnings, a singular focus on explicit discrimination is insufficient. Korematsu was not decided along racial lines, which illustrates how presidential war powers justification serves as a vector for opression. Furthermore, Bush lawyers revived Korematsu and concurrant military cases to justify the war on terror, and insufficient exposure to this historical legacy prevented effective legal opposition. Resistance to presidential war powers must begin with an investigation and repudiation of the “Korematsu era”. This will faciliate meaningful restraints on the executive and reclaim the narrative of war on terror legality.
Craig Green 11, Professor of Law, Temple University Beasley School of Law; John Edwin Pomfret Fellowship, Princeton University; J.D., Yale Law School, 2011, "Ending the Korematsu Era: An Early View from the War on Terror Cases," Northwestern University School of Law, Vol. 105, No. 3,www.law.northwestern.edu/lawreview/v105/n3/983/LR105n3Green.pdf

When President George W. Bush started the …presidential powers interact during wartime.

Internment based on Korematsu precedent is inevitable unless it is repudiated Antonin Scalia chuckles to himself
Ilya Somin, 2/8/2014. Professor of Law at George Mason University School of Law. “Justice Scalia on Kelo and Korematsu,” The Volokh Conspiracy, http://www.washingtonpost.com/news/volokh-conspiracy/wp/2014/02/08/justice-scalia-on-kelo-and-korematsu/.

In a recent speech in Hawaii, Supreme …overrule the Japanese internment cases.

Debate should be a site for critical interrogation of our national history – this prevents colonial nostalgia and reinvocation of problematic narratives.
TROFANENKO 5 (Brenda, Professor in the Department of Curriculum and Instruction, University of Illinois, The Social Studies, Sept/Oct)

The debates about the overwhelming … study, discussion, and learning.

Japanese internment is currently remembered as a vacated history because we foreground the legal impact of Korematsu over the cultural impact of the era.  By complicating binary conceptions and prioritizing the active process of doing and revising history, we disrupt ongoing incorporation and cooption of the era’s deep significance
Caroline Chung SIMPSON, Associate Professor of English @ Washington, 1 2001, An Absent Presence, p. 1-9

This book has what may…come in the decade ahead.

Korematsu survives silently as a precedent for future violence---only public debate can prevent history from repeating itself
Dean Masaru Hashimoto 96, Assistant Professor of Law at Boston College, “ARTICLE: THE LEGACY OF KOREMATSU V. UNITED STATES: A DANGEROUS NARRATIVE RETOLD”, Fall 1996, 4 UCLA Asian Pac. AM. Law Journal 72, Lexis

During times of war, citizens must bear tremendous costs …rhetoric be limited effectively.
Student debate about internment is critical to actual political development---influences the durable shifts in checks and balances
Dominguez and Thoren 10 Casey BK, Department of Political Science and IR at the University of San Diego and Kim, University of San Diego, Paper prepared for the Annual Meeting of the Western Political Science Association, San Francisco, California, April 1-3, 2010, “The Evolution of Presidential Authority in War Powers”, http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1580395

Students of American institutions … branches of government.

Tournament: USC | Round: 1 | Opponent: MSU BuSt | Judge: Lincoln Garrett
2AC AT: Framework
Resolved means “to reduce by mental analysis”
Random House Unabridged Dictionary, 6
(http://dictionary.reference.com/browse/resolved) 

Resolve:  1.To come to a definite or … reduce by mental analysis (often fol. by into).

Role of Judge
And—here’s more evidence—viewing law in terms of material outcomes is DESCRIPTIVELY FALSE—prefer this evidence because it describes YOUR ROLE AS A JUDGE.

Butler, 2003 Brian, Assistant Professor of Philosophy, University of North Carolina-Asheville, “Aesthetics and American Law” Legal Studies Forum Volume 27, Number 1 (2003)

Beyond analysis of the literary … aspects and "images" of the law).  

AT: Decisionmaking
The debate space can never be stable – the negative’s obsession with predictability and limits is disempowering –
De Cock 1—Christian De Cock, Professor of Organizational behaviour, change management, creative problem solving 2001, “Of Philip K. Dick, reflexivity and shifting realities Organizing (writing) in our post-industrial society” in the book “Science Fiction and Organization”

'As Marx might have said … break loose' (McCloskey, 1994, p. 166). 

AT: Limits
Their move is not benign – the rhetoric of limits creates a necessarily exclusionary and authoritarian politics
Kulynych 97—Jessica, Assistant Professor of Political Science at Winthrop University 1997, “Performing Politics,” Polity, Winter, v. XXX, n.2, p. 315-330

II. Disciplining Habermas Political … thematized is not just a matter of utilizing correct procedure.

AT: Topical Version
Passivity
Antonio, 95 – Professor of Sociology at the University of Kansas (Robert J., “Nietzsche's Antisociology: Subjectified Culture and the End of History,” The American Journal of Sociology, 101.1, p. 14-15, 1995)

The "problem of the actor," Nietzsche … a new type of tyrant (Nietzsche 1986, pp. 137, 168; 1974, pp. 117-18, 213, 288-89, 303-4).

Tournament: USC | Round: 5 | Opponent: Binghamton ChPi | Judge: Ralph Paone
Appeals for institutional restrain are a crucial supplement to political resistance to executive power.
David COLE Law @ Georgetown ’12 “The Politics of the Rule of Law: The Role of Civil Society in the Surprising Resilience of Human Rights in the Decade after 9/11” http://www.law.uchicago.edu/files/files/Cole201.12.12.pdf p. 51-53

As I have shown above, while political forces … dedicated to reinforcing and defending constitutional values.

Tournament: USC | Round: 5 | Opponent: Binghamton ChPi | Judge: Ralph Paone
Using personal experience to establish the legitimacy of argument essentializes difference.  This prevents an analysis of the ideological systems that shape the construction of experience
Joan W. SCOTT is professor of social science at the Institute for Advanced Study in Princeton, New Jersey, 91 “The Evidence of Experience,” Critical Inquiry, Vol. 17, No. 4 (Summer, 1991), pp. 773-797, JSTOR

When the evidence offered is the … male bonds that shape the social constitution.9

Tournament: CSUF | Round: 5 | Opponent: Iowa CrHa | Judge: Dallas Perkins
The United States federal judiciary should restrict the use of the Korematsu Era internment cases as a basis for the President’s war powers authority to indefinitely detain individuals.

Tournament: USC | Round: 5 | Opponent: Binghamton ChPi | Judge: Ralph Paone
The perm’s effective---no cooption as “their cause” can become “our cause”
Bhambra 10—U Warwick—AND—Victoria Margree—School of Humanities, U Brighton (Identity Politics and the Need for a ‘Tomorrow’, http://www.academia.edu/471824/Identity_Politics_and_the_Need_for_a_Tomorrow_)

We suggest that alternative models of …very real actions, practices and projects.  

Their insistence on negativity and a particular starting point is problematic—only our inclusive approach can create movements and tangible change
Brand-Jacobsen, 2005Kai Frithjof Brand-Jacobsen is founder and Director of the Peace Action, Training and Research Institute of Romania (PATRIR) and Co-Director of TRANSCEND, and is on the Executive Board of the TRANSCEND Peace University (TPU) where he is Course Director for the courses Peacebuilding and Empowerment and War to Peace Transitions. He has worked in Afghanistan, India, Pakistan, Nepal, Russia, South Eastern Europe, North America, Colombia, Somalia, Cambodia, Aceh-Indonesia and the Middle East at the invitation of governments, inter-governmental organisations, UN agencies, and local organisations and communities. He has written and published widely, and is author of The Struggle Continues: The Political Economy of Globalisation and People's Struggles for Peace (Pluto, forthcoming), co-author, together with Johan Galtung and Carl Jacobsen, of Searching for Peace: The Road to TRANSCEND (Pluto, 2000 and 2002) and Editor of the TRANSCEND book series published together with Pluto Press, Constructive Peace Studies: Peace by Peaceful Means. He is a member of the Executive Board of the Journal of Peace and Development and the Executive Board of the Centre for Peace and Conflict Resolution. In 1999 he was founder and Director of the Coalition for Global Solidarity and Social Development, and in 2000, together with Johan Galtung, he was founder of the Nordic Institute for Peace Research (NIFF). Since 1996 he has provided more than 250 training programmes in peacebuilding, development, and constructive conflict transformation to more than 4000 participants in 30 countries. http://www.globalsolidarity.org/articles/peace_means_kai.html

Peace by Peaceful Means
Dear Friends, The discussions which have taken … men, politicians, or fuhrers) are all necessary. 

Perm – vote affirmative to queer the negative.
Any attempt to establish a mutually exclusive identity politics reifies opressive dichotomous thinking which exterminates queer and trans subjectivity.
E. Manning 09  -  BA, BSW, MSW (Cand.) University of Victoria, Canada (“Queerly Disrupting Methodology” http://www.kvinfo.su.se/femmet09/papers/pdf/Manning.pdf)

Dichotomous thinking infuses numerous … epitomized in classical sciences such as biology, psychiatry and medicine.

Tournament: NDT | Round: 8 | Opponent: Wake Forest LeDuc-Washington | Judge: Garner, Reed, Rollins

Justice demands we perform in the place of those who cannot represent themselves.  This outweighs the potentially distancing effects of representation.

Joshua Takano CHAMBERS-LETSON Communications @ Northwestern ’13 A Race so different: The Making of Asian Americans in Law and Performance p. 20-23

The theatricality of the law is distinctly important in the case of the US justice
AND
injustices as we rehearse and stage the possibility of a more just future.

Tournament: NDT | Round: 8 | Opponent: Wake Forest LeDuc-Washington | Judge: Garner, Reed, Rollins

Legal rituals, language, and demands are a key site of the everyday performance of resistance to oppressive racialization.

Joshua Takano CHAMBERS-LETSON Communications @ Northwestern ’13 A Race so different: The Making of Asian Americans in Law and Performance p. 3-7

A Race So Different is a study of the making of Asian American subjectivity.
AND
is important first to articulate the specific conditions that define Asian American racialization.

Framing the space of debate as inside or outside a room is counterproductive. Debates are adjacent to the questions asked by the resolution – neither totally within nor completely outside of our society that produces the problem.

Colin KOOPMAN Philosophy @ Oregon ’9 Pragmatism as Transition p.37-40

This little introductory narrative illustrates the concept of adjacency. It is in relation to
AND
to it, so as to gain that fine edge of critical distance.

Status quo archive coopts Korematsu for narrative of progress that absolves the judiciary.  Overturning Korematsu precedent challenges structural denial of trauma.

Jerry KANG Visiting Professor of Law, Harvard Law School; Professor of Law, UCLA School of Law ’4 "DENYING PREJUDICE: INTERNMENT, REDRESS, AND DENIAL" 51 UCLA L. Rev. 933 2003-2004 p. 997-1002

It appears, thus, that the function of institutional and collective apologies has more
AND
but must also apply to the cases and controversies that headline today’s war.

Constructing a critical legal archive helps hold the executive accountable for abuses in the name of national security.

Eric YAMAMOTO Law @ Hawaii ’5 "White (House) Lies: Why the Public Must Compel the Courts to Hold the President Accountable for National Security Abuses" Law and Contemporary Problems 68 (2) p.  286-294

Many have documented this administration’s penchant for deliberate misrepresentations on national security in blunt terms
AND
civil liberties and human rights under the possibly false mantle of national security.

Why are we here?  Because our writing and advocacy helps reclaim a legacy of democratic struggle.

Eric YAMAMOTO Law @ Hawaii ’3 "Reclaiming Civil Rights In Uncivil Times" 1 Hastings Race 26 Poverty L.J. 11 2003 p. 11-13

I’m from Hawai’i.1 Third generation Japanese American. At the turn of the
AND
these "uncivil times" may be the justice imperative for the decade.

Internee hearings demonstrate the power of holding the US to the letter of Constitutional Equal Protection. Internalizing the law and re-articulating its power is our duty as democratic citizens.

Joshua Takano CHAMBERS-LETSON Communications @ Northwestern ’13 A Race so different: The Making of Asian Americans in Law and Performance p. 127-132
~Robertson – Heart Mountain Camp Administrator; Emi 26 Abe – Heart Mountain Internees - Turner~

In this exchange, we begin to see how the confusion attached to the concentration
AND
the unpredictability of such performances that imbue them with a powerful political performativity.

Tournament: NDT | Round: 8 | Opponent: Wake Forest LeDuc-Washington | Judge: Garner, Reed, Rollins

1AC

The ongoing legacy of the Korematsu Era presidential war powers authority cases should be repudiated and ended.

Contention 1: The Ruins of Law

We start in the ruins of democratic law. These ruins are legal remainders of
past struggles against tyrannies and, as such, material for an archive of
democratic remains.

Paul PASSAVANT Poli Sci @ Hobart and William Smith Colleges ’12 "Democracy’s ruins, democracy’s archive" in Reading Modern Law: Critical Methodologies and Sovereign Formations eds. Buchanan et al p. 49-50
Giorgio Agamben’s work condemns sovereignty and aspires to found a new politics, or a
AND
Bush’s administration will continue to consign us to a dwelling among democracy’s ruins.

We as Americans return to the failure of the American judiciary in the face of camps for incarcerating Issei and Nisei.  Conservatives archive this story as an aberration in American policy, or as justifiable military necessity.  Liberals teach it as a lesson in Japanese cultural stoicism (and the striving of a model minority).

Silence on the enduring trauma of America’s concentration camps continues the strategy of its organizers – that the spectacular display of war powers authority could shock the population into passive spectatorship.

Coverage by mass media, judicial oversight, and all the trappings of American democracy were brought to bear to emphasize the distinction between the U.S. and its totalitarian enemies.  This process of threat construction is founded on racialized binaries

Emily ROXWORTHY Theatre @ UCSD ’8 The Spectacle of Japanese American Trauma: Racial Performativity in World War II p.1-6
After the closure of the World War II internment camps and the "relocation"
AND
evacuees," it should be clear, have a distinct claim on trauma.

Our treatment of the Japanese during World War II was the culmination of mythic tropes surrounding savage warfare and the noble settler. This pervasive ideology conceives of war as a necessary cycle of cleansing and regeneration, so unless we eradicate it from our culture and legal system the ongoing racial genocide will accelerate to complete extermination.

SLOTKIN 1985 (Richard, Olin Professor of American Studies @ Wesleyan, The Fatal Environment, p. 60-61)
This ideology of savage war has become an essential trope of our mythologization of history
AND
justify many critics in the belief that America is an exceptionally violent society.

Contention 2: Counter-Archives

The trauma of incarceration haunts war powers authority.  Marking that trauma demands we re-activate the democratic potential of law against the camps.

Contributing to a democratic archive of equal protection and due process prevents the law from becoming nothing more than John Yoo’s tool.

Paul PASSAVANT Poli Sci @ Hobart and William Smith Colleges ’12 "Democracy’s ruins, democracy’s archive" in Reading Modern Law: Critical Methodologies and Sovereign Formations eds. Buchanan et al p.
Here is where we can dramatically contrast Derrida’s and Fitzpatrick’s attention to law with Agamben’s
AND
ever just here. This is the urgency of law and of politics.

Appearing as friends-of-the-court on behalf of detainees counteracts a cycle of revenge and exclusion.

Fred Korematsu’s contribution of amicus brief in the Padilla case demonstrates that war powers law should recognize even those deemed inimical to national security.

Ian BAUCOM Professor of English and director of the John Hope Franklin Humanities Institute @ Duke ’9 ~""Amicus Curiae": The Friend, the Enemy, and the Politics of Love" PMLA 124.5 p.1714-1717~
Let me take as my point of departure a question of genre, one raised
AND
we are, and must continue to be, "fluid and permeable."

A democratic legal archive links us in an ongoing constitutional struggle against subordination to racialized national security narratives.

Gil GOTT Int’l Studies @ DePaul ’5 "The Devil We Know: Racial Subordination and
National Security Law" Villanova Law Review, Vol. 50, Iss. 4 ~2005~, Art. 20 p. 1131-1133
V. CONCLUSION: THE SECURITIZATION OF RACE "The tradition of the oppressed teaches
AND
knows and the sort of subordinationism that our society knows all too well.

Tournament: NDT | Round: 3 | Opponent: Cal SW | Judge: Clark, Perkins, Stables
Plan
The United States federal government should restrict the war powers authority of the President of the United States to conduct offensive cyber operations on the grounds that offensive cyber operations violate the Third Amendment.

Adv 1—Preemption
Current doctrine allows the executive complete authority over when and where to conduct a cyber-attack.  These standards aren’t transparent and justify pre-emption making cyber war inevitable
David HUSBAND, Electronic Privacy Information Center (EPIC) National Security Appellate Fellow, Harvard Law School graduate, Governor with the American Bar Association Law School Division, 3/5 ~March 5, 2014, "Offensive Cyber Operations and America’s Grand Strategy Mistake," http://epic.org/blog/2014/03/offensive-cyber-operations-and-americas-grand-strategy-error.html~~

The New York Times recently revealed a secret debate that has been taking place behind
AND
informed debate and creation in the name of democracy that are truly challenging.

Our policy has created a cyber-Cold War
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 US government is openly and actively engaged in a reincarnation of the Cold War
AND
. At least that’s what US military commanders want the public to believe.¶
Un-regulated offensive postures are bound to escalate—complexity and inter-connected infrastructures
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 unregulated nature of the cyber arms trade not only leaves open the possibility of
AND
now, or maybe has always been, an agent of the state.

U.S. cyber-attacks inevitably escalate to kinetic war
Trefor MOSS, journalist covering Asian politics, 13 ~April 19, 2013, "Is Cyber War the New Cold War?" The Diplomat, http://thediplomat.com/2013/04/is-cyber-war-the-new-cold-war/?allpages=yes~~
Cyberspace matters. We know this because governments and militaries around the world are scrambling
AND
, the risk of it spilling over into kinetic hostilities will only grow.

Kinetic attacks causes nuclear war
Zanvyl KRIEGER, School of Arts and Sciences at Johns Hopkins University, AND Ariel Ilan ROTH, Department of Political Science and IR at Goucher College, 7 ~Autumn 2007, "Nuclear Weapons in Neo-Realist Theory," International Studies Review, Vol. 9, No. 3, pp. 369-384, Accessed through JSTOR~
Critical, though not explicit, in Waltz is the belief that a war between
AND
revolution," namely, that there will be peace among the great powers.

Uniquely true because of misperceptions
Edited by Kristin M. LORD, Vice President and Director of Studies at the Center for a New American Security AND Travis SHARP, Bacevich Fellow at the Center for a New American Security, 11
Contributors: Robert E. Kahn, Mike McConnell, Joseph S. Nye, Jr. and Peter Schwartz (co-chairs); Nova J. Daly, Nathaniel Fick, Martha Finnemore, Richard Fontaine, Daniel E. Geer Jr., David A. Gross, Jason Healey, James A. Lewis, Kristin M. Lord, M. Ethan Lucarelli, Thomas G. Mahnken, Gary McGraw, Roger H. Miksad, Gregory J. Rattray, Will Rogers, Christopher M. Schroeder and Travis Sharp ~June 2011, "America’s Cyber Future Security and Prosperity in the Information Age," Volume I, Center for a New American Security, http://www.cnas.org/files/documents/publications/CNAS_Cyber_Volume20I.pdf~~
Offensive dominance creates a great risk of cyber arms races. State and non-
AND
it came from a third party, could also ignite a conflict.124

Independently—cyber-attacks breaks down command and control—causes nuclear response. The bureaucratic decision to react without information is a result of situating offensive cyber ops with the president
Stephen CIMBALA, Professor of Political Science at Penn State, 11 ~Spring 2011 "Nuclear Crisis Management and "Cyberwar" Phishing for Trouble?" Strategic Studies Quarterly, 5.1, p. 117-131, Accessed through ProQuest~
This section discusses how cyberwar might adversely affect nuclear crisis management. Readers are advised
AND
to appreciate the risk of "normal" reconnaissance under these extraordinary conditions.

The plan solves—
Ruling on the Third Amendment shifts authorization power for OCOs from the President to Congress since only Congress can authorize a quartering.  This makes U.S. practice transparent and results in military attribution
Alan BUTLER, Appellate Advocacy Counsel, Electronic Privacy Information Center (EPIC); J.D. UCLA School of Law, 13 ~June, 2013, "When Cyberweapons End Up on Private Networks: Third Amendment Implications for Cybersecurity Policy," American University Law Review, 62 Am. U.L. Rev. 1203, Lexis~
IV. Designing a National Cybersecurity Policy Informed by Third Amendment Principles¶ The preceding
AND
that could intrude upon civilian systems; only Congress can authorize such quartering.

Strong civilian oversight is necessary to check strategic instability in cyber space.  Absent the plan, nuclear war is inevitable
Dr. Greg AUSTIN, director of policy innovation at the EastWest Institute and Visiting Senior Fellow in the Department of War Studies in King’s College London, 13 ~August 6, 2013, "Costs of American Cyber Superiority," http://www.chinausfocus.com/peace-security/costs-of-american-cyber-superiority/~~
The United States is racing for the technological frontier in military and intelligence uses of
AND
be every bit as reasonable given their anxiety about unconstrained American cyber superiority.¶ 

tAdv 2—PC
Advantage Two is Posse Comitatus—
Current cyber policy is eroding the Posse Comitatus.  The military is usurping control from civilian enforcement.  That’s a slippery slope
Tim MAURER, Program Associate at the New America Foundation’s Open Technology Institute, 12 ~December 5, 2012, "Is it Legal for the Military to Patrol American Networks?" http://www.foreignpolicy.com/articles/2012/12/05/is_it_legal_for_the_military_to_patrol_american_networks~~
Over the past couple months, the Pentagon has assumed an increasing role in defending
AND
plan — and an exit strategy for the Pentagon’s involvement in domestic security. 

That undermines military readiness
Gene HEALY, senior editor at the Cato Institute, 5 ~September 27, 2005, "Domestic Militarization: A Disaster in the Making," http://www.cato.org/publications/commentary/domestic-militarization-disaster-making~~

Having already wrecked a legendary American city, Hurricane Katrina may now be invoked to
AND
That has the makings of a policy disaster that would dwarf Hurricane Katrina.

Readiness is key to hegemony and overall deterrence
Jack SPENCER, Policy Analyst for Defense and National Security at Heritage, 2K ~September 15, 2000, "The Facts About Military Readiness," http://www.heritage.org/research/reports/2000/09/bg1394-the-facts-about-military-readiness~~

While there are clear signs that readiness is a problem for the U.S
AND
from acting aggressively in regions of vital national interest, thereby preserving peace.

And blurring the lines between civil and military roles results in sweeping distrust of the military
Dan BENNETT, Student, Lewis 26 Clark Law School, J.D. expected 2007, 6 ~Winter 2006, "Comment: The Domestic Role of the Military in America: Why Modifying or Repealing the Posse Comitatus Act Would Be a Mistake," Lewis 26 Clark Law Review, 10 Lewis 26 Clark L. Rev. 935, Lexis~

Another concern about blurring the line between the realms of the military and the civilian
AND
. n42 An inarguably chilling image that should cause PCA opponents to hesitate.¶
Lack of military legitimacy undermines CMR and hegemony
Rudy BARNES, Jr, retired colonel in the Army JAGC, 11 ~January 28, 2011, "An Isolated Military as a Threat to Military Legitimacy," http://militarylegitimacyreview.com/?page_id=159~~

The legitimacy of the US military depends upon civil-military relations. In Iraq
AND
can help avoid an isolated military and insure healthy civil-military relations.

Loss of military effectiveness risks multiple nuclear wars—maintaining readiness is key
Frederick W. KAGAN, resident scholar at the American Enterprise Institute, AND Michael O’HANLON, senior fellow and Chair in foreign policy studies at Brookings, 7 ~April 2007, "The Case for Larger Ground Forces," 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
Such a measure is not only prudent, it is also badly overdue.

Military controls of all aspects of cyber security, from monitoring pranks, to crafting offensive operations.  Separating out roles is key to effective policy
Interview with Emanuel Pastreich, director of the Asia Institute, and Peter W. SINGER, the director of the Center for 21st Century Security and Intelligence and a senior fellow in the Foreign Policy program at Brookings, 14 ~January 13, 2014, "The State, the Internet and Cybersecurity," http://www.brookings.edu/research/interviews/2014/01/13-the-state-the-internet-and-cybersecurity-singer~~

Pastreich: "So, in cyberspace, is there a posse comitatus?" ¶
AND
-11’ threat and a ’death by a thousand cuts.’" 

Limiting exceptions the Posse Comitatus renews separation between civilian and military enforcement
Matthew HAMMOND, attorney in the U.S. D.O.J., 1997 ~"The Posse Comitatus Act: A Principle in Need of Renewal," Washington University Law Review, Volume 75, Issue 2, 75 Wash. U. L. Q. 953, Lexis~

In response to the military presence in the Southern States during the Reconstruction Era,
AND
policy of the PCA and to limit to any further exceptions to it.¶
Third Amendment restrictions make unilateral offensive cyber operations unconstitutional.  OCO’s "quarter" viruses in private networks and computers
Alan BUTLER, Appellate Advocacy Counsel, Electronic Privacy Information Center (EPIC); J.D. UCLA School of Law, 13 ~June, 2013, "When Cyberweapons End Up on Private Networks: Third Amendment Implications for Cybersecurity Policy," American University Law Review, 62 Am. U.L. Rev. 1203, Lexis~

III. Applying the Third Amendment to Military Cyberoperations¶ The Third Amendment prohibitions govern
AND
manages any cyberoperation that the United States currently undertakes. n214 ~*1234~¶ 

Erosion of posse comitatus erodes civilian control of the military which guarantees escalation of all minor conflicts
Matthew HAMMOND, attorney in the U.S. D.O.J., 1997 ~"The Posse Comitatus Act: A Principle in Need of Renewal," Washington University Law Review, Volume 75, Issue 2, 75 Wash. U. L. Q. 953, Lexis~

The differences in the role of civil law enforcement and the role of the military
AND
yet those concerns have been ignored in ~*976~ domestic military use.

The impact is global warfare
Eliot A. COHEN, Professor of Strategic Studies at the Paul H. Nitze School of Advanced International Studies at Johns Hopkins, 2 ~"Civil-Military Relations," America the Vulnerable: Our Military Problems and How To Fix Them, Edited by John Lehman and Harvey Sicherman, Foreign Policy Research Institute, http://www.fpri.org/americavulnerable/06.CivilMilitaryRelations.Cohen.pdf~~

Left uncorrected, the trends in American civil-military relations could breed certain pathologies
AND
defense" in a world in which security cannot be taken for granted.¶

Tournament: NDT | Round: 3 | Opponent: Cal SW | Judge: Clark, Perkins, Stables
Congressional opposition to the authority curbs Presidential action—robust statistical and empirical proof
KRINER 10 Assistant professor of political science at Boston University ~Douglas L. Kriner, "After the Rubicon: Congress, Presidents, and the Politics of Waging War", page 228-231~
The sequence of events leading up to the sudden reversal of administration policy and the
AND
the likelihood of congressional opposition and adjust their conduct of military operations accordingly.

Tournament: NDT | Round: 3 | Opponent: Cal SW | Judge: Clark, Perkins, Stables
Snowden
Stokes 12/5/13 - Director of global economic attitudes at the Pew Research Center ~Bruce Stokes "NSA Spying: A Threat to US Interests?," YaleGlobal, 5 December 2013, pg. http://yaleglobal.yale.edu/content/nsa-spying-threat-us-interests

WASHINGTON: Revelations by Edward Snowden of US National Security Agency spying have exposed both
AND
is not simply a national security issue, it now has business implications.
One policy change will not reverse the course.  This is a deep and fundamental rights issue for Europe
UPI 12/20/13 ~United Press International, "Restoring lost trust may take many years: Germany," Dec. 20, 2013 at 1:42 PM, pg. http://www.upi.com/Top_News/Special/2013/12/20/Restoring-lost-trust-may-take-many-years-Germany/UPI-99901387564931/
BERLIN, Dec. 20 (UPI) — Restoring trans-Atlantic trust lost as a result of spying controversies may take some time to repair, new German Foreign Minister Frank-Walter Steinmeier said as he took over from Guido Westerwelle.¶ "The Transatlantic Alliance is and remains the backbone of our security," Steinmeier said, addressing a Foreign Ministry gathering. But a lot has changed recently and much cannot be taken for granted, he added.¶ "Despite all placations citing the Western community of shared values, trust has been lost and it will require a great deal of joint effort to restore it," he added.¶ "Today we are confronted with the question of how we can reconcile freedom and security in a digitally connected world and in light of new threats that have indeed arisen. We must make it clear to our American friends that not everything that is technically possible is politically wise. And this goes far beyond the question of whether spying among friends is permissible or not.¶ "It also begs the question of how can we ensure that our citizens’ fundamental right to privacy remains intact in the 21st century, against a fully transformed communications backdrop. How can we prevent the technical and legal fragmentation of the World Wide Web, on which a large part of our increasing prosperity is based?¶ "This trust will not be regained overnight, but we will work hard to restore it," Steinmeier said.¶ He said the transatlantic relationship "is currently under considerable strain — Iraq war, Guantanamo, ~U.S. secrets leaker Edward~ Snowden, NSA ~National Security Agency~ are the words that come to mind in that context."

Obama has already lost all foreign and domestic credibility—saps pol cap
WALT 3—18—14 ~Stephen Walt, The Solve-Everything, Do-Nothing White House, http://www.foreignpolicy.com/articles/2014/03/18/the_solve_everything_do_nothing_obama_white_house~~

At the moment, U.S. foreign policy is in considerable disarray,
AND
territorial disputes in Asia, that missing Malaysian airliner, or the troubling¶
Hegemony solves your economy scenario
Mandelbaum 5 (Michael, Professor and Director of the American Foreign Policy Program at Johns Hopkins, The Case for Goliath: How America Acts As the World’s Government in the Twenty-First Century, p. 192-195)

Although the spread of nuclear weapons, with the corresponding increase in the likelihood that a nuclear shot would be fired in anger somewhere in the world, counted as the most serious potential consequence of the abandonment by the United States of its role as the world’s government, it was not the only one. In the previous period of American international reticence, the 1920s and 1930s, the global economy suffered serious damage that a more active American role might have mitigated. A twenty-first-century American retreat could have similarly adverse international economic consequences. The economic collapse of the 1930s caused extensive hardship throughout the world and led indirectly to World War II by paving the way for the people who started it to gain power in Germany and Japan. In retrospect, the Great Depression is widely believed to have been caused by a series of errors in public policy that made an economic downturn far worse than it would have been had governments responded to it in appropriate fashion. Since the 1930s, acting on the lessons drawn from that experience by professional economists, governments have taken steps that have helped to prevent a recurrence of the disasters of that decade.’ In the face of reduced demand, for example, governments have increased rather than cut spending. Fiscal and monetary crises have evoked rescue efforts rather than a studied indifference based on the assumption that market forces will readily reestablish a desirable economic equilibrium. In contrast to the widespread practice of the 1930s, political authorities now understand that putting up barriers to imports in an attempt to revive domestic production will in fact worsen economic conditions everywhere. Still, a serious, prolonged failure of the international economy, inflicting the kind of hardship the world experienced in the 1930s (which some Asian countries also suffered as a result of their fiscal crises in the 1990s) does not lie beyond the realm of possibility. Market economies remain subject to cyclical downturns, which public policy can limit but has not found a way to eliminate entirely. Markets also have an inherent tendency to form bubbles, excessive values for particular assets, whether seventeenth century Dutch tulips or twentieth century Japanese real estate and Thai currency, that cause economic harm when the bubble bursts and prices plunge. In responding to these events, governments can make errors. They can act too slowly, or fail to implement the proper policies, or implement improper ones. Moreover, the global economy and the national economies that comprise it, like a living organism, change constantly and sometimes rapidly: Capital flows across sovereign borders, for instance, far more rapidly and in much greater volume in the early twenty-first century than ever before. This means that measures that successfully address economic malfunctions at one time may have less effect at another, just as medical science must cope with the appearance of new strains of influenza against which existing vaccines are not effective. Most importantly, since the Great Depression, an active American international economic role has been crucial both in fortifying the conditions for global economic well-being and in coping with the problems that have occurred, especially periodic recessions and currency crises, by applying the lessons of the past. The absence of such a role could weaken those conditions and aggravate those problems. The overall American role in the world since World War II therefore has something in common with the theme of the Frank Capra film It’s a Wonderful Life, in which the angel Clarence, played by Henry Travers, shows James Stewart, playing the bank clerk George Bailey, who believes his existence to have been worthless, how life in his small town of Bedford Falls would have unfolded had he never been born. George Bailey learns that people he knows and loves turn out to be far worse off without him. So it is with the United States and its role as the world’s government. Without that role, the world very likely would have been in the past, and would become in the future, a less secure and less prosperous place. The abdication by the United States of some or all of the responsibilities for international security that it had come to bear in the first decade of the twenty-first century would deprive the international system of one of its principal safety features, which keeps countries from smashing into each other, as they are historically prone to do. In this sense, a world without America would be the equivalent of a freeway full of cars without brakes. Similarly, should the American government abandon some or all of the ways in which it had, at the dawn of the new century, come to support global economic activity, the world economy would function less effectively and might even suffer a severe and costly breakdown. A world without the United States would in this way resemble a fleet of cars without gasoline.

Empirics prove no war.
Miller 1—Morris Miller is an adjunct economics professor at the University of Ottawa ~Jan.-Mar, 2001, "Poverty: A Cause of War?" Peace Magazine, http://peacemagazine.org/archive/v17n1p08.htm~~
Economic Crises?¶ Some scholars have argued that it is not poverty, as such, that contributes to the support for armed conflict, but rather some catalyst, such as an economic crisis. However, a study by Minxin Pei and Ariel Adesnik shows that this hypothesis lacks merit. After studying 93 episodes of economic crisis in 22 countries in Latin American and Asia since World War II, they concluded that much of the conventional thinking about the political impact of economic crisis is wrong:¶ "The severity of economic crisis—as measured in terms of inflation and negative growth—bore no relationship to the collapse of regimes ... or (in democratic states, rarely) to an outbreak of violence... In the cases of dictatorships and semi-democracies, the ruling elites responded to crises by increasing repression (thereby using one form of violence to abort another)."

The recession disproves war predictions.
Zakaria 9—Fareed Zakaria is editor of Newsweek. He writes a regular column for Newsweek. He also hosts an international affairs program, which airs Sundays worldwide on CNN. Zakaria was the managing editor of Foreign Affairs. He serves on the board of Yale University, The Council on Foreign Relations, The Trilateral Commission, and Shakespeare and Company. He received a B.A. from Yale and a Ph.D. in political science from Harvard. ~December 11, 2009, "The Secrets of Stability," The Daily Beast, http://www.thedailybeast.com/newsweek/2009/12/11/the-secrets-of-stability.html~~
One year ago, the world seemed as if it might be coming apart.
AND
. The predictions of economic and political collapse have not materialized at all.¶

Tournament: NDT | Round: 3 | Opponent: Cal SW | Judge: Clark, Perkins, Stables
Prior questions will never be fully settled—-must take action even under conditions of uncertainty
Molly Cochran 99, Assistant Professor of International Affairs at Georgia Institute for Technology, "Normative Theory in International Relations", 1999, pg. 272
To conclude this chapter, while modernist and postmodernist debates continue, while we are still unsure as to what we can legitimately identify as a feminist ethical/political concern, while we still are unclear about the relationship between discourse and experience, it is particularly important for feminists that we proceed with analysis of both the material (institutional and structural) as well as the discursive. This holds not only for feminists, but for all theorists oriented towards the goal of extending further moral inclusion in the present social sciences climate of epistemological uncertainty. Important ethical/political concerns hang in the balance. We cannot afford to wait for the meta-theoretical questions to be conclusively answered. Those answers may be unavailable. Nor can we wait for a credible vision of an alternative institutional order to appear before an emancipatory agenda can be kicked into gear. Nor do we have before us a chicken and egg question of which comes first: sorting out the metatheoretical issues or working out which practices contribute to a credible institutional vision. The two questions can and should be pursued together, and can be via moral imagination. Imagination can help us think beyond discursive and material conditions which limit us, by pushing the boundaries of those limitations in thought and examining what yields. In this respect, I believe international ethics as pragmatic critique can be a useful ally to feminist and normative theorists generally.¶
Even if our solution isn’t perfect, the 1ac is a step in the right direction—individual acknowledgement of our agency in cyber security discussions is a critical pre-requisite the re-shaping the terrain of cyber policy
Ronald J. DEIBERT, professor of political science and director of the Canada Centre for Global Security Studies at the Munk School of Global Affairs, University of Toronto, 13 ~"Bounding Cyber Power: Escalation and Restraint in Global Cyberspace," Internet Government Papers, Paper No. 6, October 2013~
Looking toward the near term in cyberspace governance, there are many possible scenarios,
AND
ensuring basic principles of transparency, accountability and mutual restraint will be critical.

Securitizing cyber space is the ONLY way to prevent large scale cyber war – the alt can’t solve fast enough or change US doctrine – vulnerability creates a Unique need for it
Pickin 12 (Matthew, MA War Stuides – Kings College, "What is the securitization of cyberspace? Is it a problem?", http://www.academia.edu/3100313/What_is_the_securitization_of_cyberspace_Is_it_a_problem)
In evaluating whether securitization of cyberspace is a problem, it is very clear that
AND
issue is de-securitized, for now securitization is a necessary evil. 

Cyber threats are real—their dismissal marginalizes civic discussions
Ronald J. DEIBERT, professor of political science and director of the Canada Centre for Global Security Studies at the Munk School of Global Affairs, University of Toronto, 13 ~"Bounding Cyber Power: Escalation and Restraint in Global Cyberspace," Internet Government Papers, Paper No. 6, October 2013~
There is an urgent need for the articulation of an alternative cyber-security strategy
AND
will only marginalize civic networks from the conversations where policies are being forged.

Cyber-attacks come first—they’re a form of structural violence. Questions of containing threats in cyberspace come first
Jarno LIMNÉLL, Director of Cyber Security at Stonesoft, a McAfee Group company, 2/12 ~"Is cyber war real?" foreignaffairs.com, February 12, 2014, http://www.foreignaffairs.com/articles/140762/jarno-limnell-thomas-rid/is-cyberwar-real~~

Cyberwar, in fact, is part of the evolution of conventional warfare, which
AND
to disrupting other governments’ computer systems, clearly fall within this broad category.

Maximizing all lives is the only way to affirm equality
Cummiskey 90—David, Professor of Philosophy, Bates ~Kantian Consequentialism, Ethics 100.3, p 601-2, p 606, JSTOR~

We must not obscure the issue by characterizing this type of case as the sacrifice
AND
consideration of conduct, one’s own subjective concerns do not have overriding importance.¶
Our scenarios are part of the liberalism of fear—fearing the consequences of concentration of power in the executive challenges securitization.  
Michael WILLIAMS Graduate School of Public and International Affairs, University of Ottawa ’11 "Securitization and the liberalism of fear" Security Dialogue 42 p. 453-456
¶ Fear is not a concept (or indeed a word) often found in
AND
—countering a shift toward ’security’ in its more extreme manifestations.12

Tournament: NDT | Round: 3 | Opponent: Cal SW | Judge: Clark, Perkins, Stables
OCO’s include spying and info-gathering
Alan BUTLER, Appellate Advocacy Counsel, Electronic Privacy Information Center (EPIC); J.D. UCLA School of Law, 13 ~June, 2013, "When Cyberweapons End Up on Private Networks: Third Amendment Implications for Cybersecurity Policy," American University Law Review, 62 Am. U.L. Rev. 1203, Lexis~

Offensive cyberoperations include "actions taken against an adversary’s computer systems or networks that harm the adversary’s interests." n55 Many military cyberoperations are not intended to cause physical destruction. n56 For example, cyberexploitations are used to facilitate quiet and undetectable information-gathering. n57 These operations take advantage of the same vulnerabilities and access  ~*1213~  paths as targeted cyberattacks. n58 The viruses used in cyberexploits can infect computers and systems across the globe, and these viruses can remain dormant for years without detection. n59 Recently uncovered cyberexploitation attacks used sophisticated malware to gather troves of confidential data from a broad range of computers and devices. n60

Counter-interp—-war powers authority is OVERALL power over war-making—-we meet
Manget 91 Fred F, Assistant General Counsel with the CIA, "Presidential War Powers", 1991, media.nara.gov/dc-metro/rg-263/6922330/Box-10-114-7/263-a1-27-box-10-114-7.pdf

The President’s war powers authority is actually a national defense power that exists at all
AND
national defense and the prosecution of national objectives through military means . "39
Thus, the Executive Branch’s constitutional war powers authority does not spring into existence when Congress declares war, nor is it dependent on there being hostilities. It empowers the President to prepare for war as well as wage it, in the broadest sense. It operates at all times.
Counter-interp—-authority means legality
Ellen Taylor 96, 21 Del. J. Corp. L. 870 (1996), Hein Online 

The term authority is commonly thought of in the context of the law of agency, and the Restatement (Second) of Agency defines both power and authority.’89 Power refers to an agent’s ability or capacity to produce a change in a legal relation (whether or not the principal approves of the change), and authority refers to the power given (permission granted) to the agent by the principal to affect the legal relations of the principal; the distinction is between what the agent can do and what the agent may do.

Prefer our interpretation—
Aff ground—all OCOs the US does are pre-emptive.  There is no distinction.

Plan says OCO—text determines topicality.

Good is good enough. Alternatives trade off with substance, trigger a race to the most limiting interpretation, and exceed the jurisdictional role of the judge.
Err aff on T
A. Very limited number of CYBER affs have been read means aff innovation outweighs.  Anything that isn’t an aff read at GSU but is reasonably topical should be rewarded, not excluded.
B. We read a plan—given the status quo of debate, the threshold for T should be high because the alternative incentives LESS aff innovation and NOT reading a plan, which internal link turns all their T offense.