Tournament: Usc | Round: 2 | Opponent: North Texas Anderson-Kersch | Judge: Parker
ERROR

Tournament: Fullerton | Round: 3 | Opponent: NYU Elisetty-Itliong | Judge: Landrum
The affirmative re-inscribes the primacy of liberal legalism as a method of restraint—that paradoxically collapses resistance to Executive excesses.
Margulies ‘11
Joseph, Joseph Margulies is a Clinical Professor, Northwestern University School of Law. He was counsel of record for the petitioners in Rasul v. Bush and Munaf v. Geren. He now is counsel of record for Abu Zubaydah, for whose torture (termed harsh interrogation by some) Bush Administration officials John Yoo and Jay Bybee wrote authorizing legal opinions. Earlier versions of this paper were presented at workshops at the American Bar Foundation and the 2010 Law and Society Association Conference in Chicago., Hope Metcalf is a Lecturer, Yale Law School. Metcalf is co-counsel for the plaintiffs/petitioners in Padilla v. Rumsfeld, Padilla v. Yoo, Jeppesen v. Mohammed, and Maqaleh v. Obama. She has written numerous amicus briefs in support of petitioners in suits against the government arising out of counterterrorism policies, including in Munaf v. Geren and Boumediene v. Bush., “Terrorizing Academia,” http://www.swlaw.edu/pdfs/jle/jle603jmarguilies.pdf

In an observation more often repeated than defended, we are told that the attacks
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thought as our nation settles into what appears to be a permanent emergency.

Legalism underpins the violence of empire and creates the conditions of possibility for liberal violence.
Dossa ‘99
Shiraz, Department of Political Science, St. Francis Xavier University, Antigonish, Nova Scotia, “Liberal Legalism: Law, Culture and Identity,” The European Legacy, Vol. 4, No. 3, pp. 73-87,1

No discipline in the rationalized arsenal of modernity is as rational, impartial, objective
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liberal law but the juridically and humanly inferior Other, the perpetual foreigner.

The alternative is to vote negative to endorse political, rather than legal restrictions on Presidential war powers authority.
Goldsmith ‘12
Jack, Harvard Law School Professor, focus on national security law, presidential power, cybersecurity, and conflict of laws, Former Assistant Attorney General, Office of Legal Counsel, and Special Counsel to the Department of Defense, Hoover Institution Task Force on National Security and Law, March 2012, Power and Constraint, p. 205-209

DAVID BRIN is a science-fiction writer who in 1998 turned his imagination to
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thus accountability to) actors inside and outside the presidency much more extensive.

Tournament: Fullerton | Round: 3 | Opponent: NYU Elisetty-Itliong | Judge: Landrum
Text: The OLC should rule the presidential signing statement interpreting Title X in Division A of the Detainee Treatment Act of 2005 attached to the McCain amendment unconstitutional and limit future objecting presidential signing statements (OPSS) on indefinite detention to OLC-agreed complex issues.

The executive should issue an executive order and the OLC should issue a legal rationale supporting the executive order that there will be no future use of torture. 

The CP is a binding constitutional decision
Dellinger, Assistant Attorney General ’93-’96, et al, 2004
(Walter E. and Dawn Johnsen, Acting Assistant Attorney General 1997-98
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on Executive Power,” 54 UCLA L. Rev. 1559, Lexis)
The Office of Legal Counsel (OLC) is the Department of Justice component to
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258 (Philip B. Kurland and Ralph Lerner, eds. 1987).
From the Washington Administration through the present, Attorneys General, and in recent decades
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Attorney General and the Office of Legal Counsel, across time and administrations.

Solves perception and precedent
Johnsen, professor of law at Indiana University, August 2007
(Dawn, “The Role of Institutional Context in Constitutional Law: Faithfully Executing the Laws: Internal Legal Constraints on Executive Power,” 54 UCLA L. Rev. 1559, Lexis)
Perhaps most essential to avoiding a culture in which OLC becomes merely an advocate of
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benefit from the executive's important voice, valuable perspective, and expertise. n153

Tournament: Navy | Round: 1 | Opponent: Dartmouth College Kreus-Singh | Judge: Cramer
Demands for presencing of those marked as abject reinscribes the Hegelian dialectic of life and death that makes the social death possible in the first place.
Peterson ’6
Christopher, "The Return of the Body: Judith Butler’s Dialectical Corporealism," Discourse, 28.2263, Spring 26 Fall 2006, pp. 153-177 (Article)

In contemporary cultural studies, the body is laden with intense desires and expectations.
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that very tradition that deconstruction has made it its mission to displace.11

Disawoval of finitude is the foundational condition for all American violence—the impact is ever-escalating cycles of destruction.
Peterson ’7
Christopher, Kindred Specters: Death, Mourning and American Affinity, University of Minnesota Press

The popularity of Six Feet Under notwithstanding, American culture tends not to acknowledge the
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life and death, to resist the racist and heterosexist disavowal of finitude.

Tournament: Navy | Round: 1 | Opponent: Dartmouth College Kreus-Singh | Judge: Cramer
Your decision should answer the resolutional question: Is the hypothetical enactment of topical action better than the status quo or a competitive option?

The "war powers authority" of the President is his legal authority as Commander-in-Chief
Gallagher, Pakistan/Afghanistan coordination cell of the U.S. Joint Staff, Summer 2011
(Joseph, "Unconstitutional War: Strategic Risk in the Age of Congressional Abdication," Parameters, http://strategicstudiesinstitute.army.mil/pubs/parameters/Articles/2011summer/Gallagher.pdf)
First, consider the constitutional issue of power imbalance. Central to the Constitution is the foundational principle of power distribution and provisions to check and balance exercises of that power. This clearly intended separation of powers across the three branches of government ensures that no single federal officeholder can wield an inordinate amount of power or influence. The founders carefully crafted constitutional war-making authority with the branch most representative of the people—Congress.4
The Federalist Papers No. 51, "The Structure of Government Must Furnish the
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—those who would ultimately sacrifice their blood and treasure in the effort.

"Statutory" means a law by Congress
The Oxford Guide to the U.S. Government 2012
(Oxford University Press via Oxford Reference, Georgetown Library)
statute
A statute is a written law enacted by a legislature. A federal statute is a law enacted by Congress. State statutes are enacted by state legislatures; those that violate the U.S. Constitution may be struck down by the Supreme Court if the issue is appealed to the Court.

Judicial means the courts
MacMillan Dictionary No Date
(http://www.macmillandictionary.com/us/dictionary/american/judicial)
Judicial – definition
ADJECTIVE ~ONLY BEFORE NOUN~
1 relating to the judges and courts that are responsible for justice in a country or state
the judicial system

They claim to win the debate for reasons other than the desirability of topical action. That undermines preparation and clash. Changing the question now leaves one side unprepared, resulting in shallow, uneducational debate. Requiring debate on a communal topic forces argument development and develops persuasive skills critical to any political outcome. 

Simulated debates about national security law 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 higher education, or in the law
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undoubtedly necessary, it suggests one potential direction for the years to come.

Linking the ballot to a simulation of concrete strategies teaches the skills to organize pragmatic consequences and philosophical values into a course of action
Hanghoj 8
http://static.sdu.dk/mediafiles/Files/Information_til/Studerende_ved_SDU/Din_uddannelse/phd_hum/afhandlinger/2009/ThorkilHanghoej.pdf Thorkild Hanghøj, Copenhagen, 2008 Since this PhD project began in 2004, the present author has been affiliated with DREAM (Danish Research Centre on Education and Advanced Media Materials), which is located at the Institute of Literature, Media and Cultural Studies at the University of Southern Denmark. Research visits have taken place at the Centre for Learning, Knowledge, and Interactive Technologies (L-KIT), the Institute of Education at the University of Bristol and the institute formerly known as Learning Lab Denmark at the School of Education, University of Aarhus, where I currently work as an assistant professor. 

 Joas’ re-interpretation of Dewey’s pragmatism as a "theory of situated creativity
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the contingent outcomes and domain-specific processes of problem-based scenarios.  

Absolutism and deconstruction is false choice for both language and politics—dialogue around a stasis point carves out an ethical middle ground that refuses totalization
Elias, associate professor of English – University of Tennessee at Knoxville, ’5
(Amy J., "Metahistorical Romance, the Historical Sublime, and Dialogic History," Rethinking History, Vol. 9, No. 2/3, p. 159-172)

I must admit that the last person I would have expected to align with my
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ends. Which is, perhaps, what metahistorical romance is all about.
Our view of language as dialogic and intersubjective avoids the totalization of both structuralism and deconstruction—pure deconstruction de-centers language from its human basis and causes mass violence
Iwanicki, associate professor of literary and rhetorical theory – Western Illinois University, ’3
(Christine E., "Living Out Loud within the Body of the Letter: Theoretical Underpinnings of the Materiality of Language," College English, Vol. 65, No. 5, p. 494-510)

Bakhtin’s view of language contrasts with the view presented by Derrida under the rubric of
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are only, everywhere, differences and traces of traces. (26)
Still, Derrida’s emphasis on "differences and traces of traces" suggests the impalpability
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own life and perceive myself as an other among others. (59)
In this passage, Bakhtin conceptualizes the self-other dynamic in terms that are
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and the social not as mutually exclusive terms but as mutually implicated ones:
One wayi n whicht he uniquenesso f my placei n life mayb e judgedi s
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prohibit levels of relatedness from fleshing out its connection to other "things."
A good example of this phenomenon is the reference work known as a thesau-
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the place of language in the scope of everybody’s "real" experiences.
The work begun by Bakhtin and Wittgenstein emphasizes the pertinence of Michel Foucault’s question,
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language that some language philosophers for centu-ries have ignored or diminished.
As Berel Lang notes, the Nazi decision to use the word Endlosung ("Final
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as loudly as possible in the midst of the body of the letter.

Legal engagement is good—

The law is malleable—debating it is the only way to affect change
Todd Hedrick, Assistant Professor of Philosophy at Michigan State University, Sept 2012, Democratic Constitutionalism as Mediation: The Decline and Recovery of an Idea in Critical Social Theory, Constellations  Volume 19, Issue 3, pages 382–400

Habermas’ alleged abandonment of immanent critique, however, is belied by the role that
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, without the triumphalist pretension of ever being able to fully do so.

Rejecting state-based legal solutions creates ineffective activism, undermining progressive forces
Orly Lobel, University of San Diego Assistant Professor of Law, 2007, The Paradox of Extralegal Activism: Critical Legal Consciousness and Transformative Politics," 120 HARV. L. REV. 937, http://www.harvardlawreview.org/media/pdf/lobel.pdf

Both the practical failures and the fallacy of rigid boundaries generated by extralegal activism rhetoric
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, and contemporary discontent is legitimated through a process of self-mystification.

Decision-Making—

Debate over a controversial point of action creates argumentative stasis—that’s key to avoid a devolution of debate into competing truth claims, which destroys the decision-making benefits of the activity
Steinberg and Freeley ’13
David Director of Debate at U Miami, Former President of CEDA, officer, American Forensic Association and National Communication Association. Lecturer in Communication studies and rhetoric. Advisor to Miami Urban Debate League, Masters in Communication, and Austin, JD, Suffolk University, attorney who focuses on criminal, personal injury and civil rights law, Argumentation and Debate
Critical Thinking for Reasoned Decision Making, Thirteen Edition

Debate is a means of settling differences, so there must be a controversy,
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particular point of difference, which will be outlined in the following discussion.

Tournament: Fullerton | Round: 3 | Opponent: NYU Elisetty-Itliong | Judge: Landrum
Executive war power primacy now—the plan flips that
Eric Posner, 9/3/13, Obama Is Only Making His War Powers Mightier, www.slate.com/articles/news_and_politics/view_from_chicago/2013/09/obama_going_to_congress_on_syria_he_s_actually_strengthening_the_war_powers.html

President Obama’s surprise announcement that he will ask Congress for approval of a military attack
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and avoid it when he knows that it will stand in his way.

Spills over and guts broader executive war powers.
Green ‘9
Craig, Associate Professor, Temple Law School; University Fellowship, Princeton History Department; J.D., Yale Law School, “Ending the Korematsu Era: A Modern Approach ,” http://works.bepress.com/cgi/viewcontent.cgi?article=1002andcontext=roger_craig_green

Another lesson from sixty years of wartime cases concerns the role of precedent itself in
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oppression to a broadly illuminating case about how courts supervise presidential war powers.

The impact is the loss of fourth-gen warfighting capabilities that escalate to nuclear use.
Li ‘9
Zheyao, J.D. candidate, Georgetown University Law Center, 2009; B.A., political science and history, Yale University, 2006. This paper is the culmination of work begun in the "Constitutional Interpretation in the Legislative and Executive Branches" seminar, led by Judge Brett Kavanaugh, “War Powers for the Fourth Generation: Constitutional Interpretation in the Age of Asymmetric Warfare,” 7 Geo. J.L. and Pub. Pol'y 373 2009 WAR POWERS IN THE FOURTH GENERATION OF WARFARE
A. The Emergence of Non-State Actors
Even as the quantity of nation-states in the world has increased dramatically since
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and action necessary to prevail in fourth-generational conflicts against fourthgenerational opponents.