Your decision should answer the resolutional question: Is the enactment of topical action better than the status quo or a competitive option?
"Resolved" before a colon reflects a legislative forum Army Officer School ’04 (5-12, "~23 12, Punctuation – The Colon and Semicolon", http://usawocc.army.mil/IMI/wg12.htm) The colon introduces the following: a. A list, but only after " AND with dock g. A formal resolution, after the word "resolved:" Resolved: (colon) That this council petition the mayor.
2. "USFG should" means the debate is solely about a policy established by governmental means Ericson ’03 (Jon M., Dean Emeritus of the College of Liberal Arts – California Polytechnic U., et al., The Debater’s Guide, Third Edition, p. 4) The Proposition of Policy: Urging Future Action In policy propositions, each topic contains AND compelling reasons for an audience to perform the future action that you propose.
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.
The concept of simulations as an aspect of higher education, or in the law AND full course at Georgetown Law. It has since gone through multiple iterations. The initial concept followed on the federal full-scale Top Official ("TopOff") exercises, used to train government officials to respond to domestic crises.165 It adapted a Tabletop Exercise, designed with the help of exercise officials at DHS and FEMA, to the law school environment. The Tabletop used one storyline to push on specific legal questions, as students, assigned roles in the discussion, sat around a table and for six hours engaged with the material. The problem with the Tabletop Exercise was that it was too static, and the AND focused on specific legal issues, even as it controlled for external chaos. The opportunity to provide a more full experience for the students came with the creation of first a one-day, and then a multi-day simulation. The course design and simulation continues to evolve. It offers a model for achieving the pedagogical goals outlined above, in the process developing a rigorous training ground for the next generation of national security lawyers.166 A. Course Design The central idea in structuring the NSL Sim 2.0 course was to bridge AND and legal education) and flexible (responsive to student input and decisionmaking). Perhaps the most significant weakness in the use of any constructed universe is the problem AND student decisions themselves must drive the evolution of events within the simulation.168 Additionally, while authenticity matters, it is worth noting that at some level the AND that would be much more difficult to do in a regular practice setting. NSL Sim 2.0 takes as its starting point the national security pedagogical goals discussed above. It works backwards to then engineer a classroom, cyber, and physical/simulation experience to delve into each of these areas. As a substantive matter, the course focuses on the constitutional, statutory, and regulatory authorities in national security law, placing particular focus on the interstices between black letter law and areas where the field is either unsettled or in flux. A key aspect of the course design is that it retains both the doctrinal and AND giving students the opportunity to develop depth and breadth prior to the exercise. In order to capture problems related to adaptation and evolution, addressing goal ~1 AND Law to build the cyber portal used for NSL Sim 2.0. The twin goals of adaptation and evolution require that students be given a significant amount AND execution of the play, further developing their understanding of national security law. Throughout the simulation, the Control Team is constantly reacting to student choices. When unexpected decisions are made, professors may choose to pursue the evolution of the story to accomplish the pedagogical aims, or they may choose to cut off play in that area (there are various devices for doing so, such as denying requests, sending materials to labs to be analyzed, drawing the players back into the main storylines, and leaking information to the media). A total immersion simulation involves a number of scenarios, as well as systemic noise AND but to embrace them as part of the challenge facing national security lawyers. The simulation itself is problem-based, giving players agency in driving the evolution AND , generating in turn a set of new issues that must be addressed. The written and oral components of the simulation conform to the fourth pedagogical goal – AND simulation – and to deliver a 90 second oral briefing after the session. To replicate the high-stakes political environment at issue in goals (1) AND many different considerations that decisionmakers take into account in the national security domain. Scenarios are selected with high consequence events in mind, to ensure that students recognize AND to emphasize the broader political context within which national security law is practiced. Both anticipated and unanticipated decisions give rise to ethical questions and matters related to the AND exercise itself hitting the aim of the integration of the various pedagogical goals. Finally, there are multiple layers of feedback that players receive prior to, during AND , while another Control Team member may reject a FISC application as insufficient. The simulation goes beyond this, however, focusing on teaching students how to develop AND uncertainty, tension with colleagues, mistakes, and successes in the future. B. Substantive Areas: Interstices and Threats As a substantive matter, NSL Sim 2.0 is designed to take account AND weapons and pandemic disease also come within the doctrinal part of the course. The simulation itself is based on five to six storylines reflecting the interstices between different areas of the law. The storylines are used to present a coherent, non-linear scenario that can adapt to student responses. Each scenario is mapped out in a three to seven page document, which is then checked with scientists, government officials, and area experts for consistency with how the scenario would likely unfold in real life. For the biological weapons and pandemic disease emphasis, for example, one narrative might AND through press releases, weather updates, private communications, and the like. The five to six storylines, prepared by the Control Team in consultation with experts AND , giving the Control Team a birds-eye view of the progression. C. How It Works As for the nuts and bolts of the simulation itself, it traditionally begins outside of class, in the evening, on the grounds that national security crises often occur at inconvenient times and may well involve limited sleep and competing demands.171 Typically, a phone call from a Control Team member posing in a role integral to one of the main storylines, initiates play. Students at this point have been assigned dedicated simulation email addresses and provided access to AND relevant student teams. The Control Team has access to the complete site. For the next two (or three) days, outside of student initiatives ( AND , or technology concerns, while setting the stage for the breaking crisis. The third (or fourth) day of play takes place entirely at Georgetown Law AND releases. Students use their own laptop computers for team decisions and communication. As the storylines unfold, the Control Team takes on a variety of roles, AND the simulation unfolded, and how the students performed in their various capacities. At the end of the day, the exercise terminates and an immediate hotwash is held, in which players are first debriefed on what occurred during the simulation. Because of the players’ divergent experiences and the different roles assigned to them, the students at this point are often unaware of the complete picture. The judges and formal observers then offer reflections on the simulation and determine which teams performed most effectively. Over the next few classes, more details about the simulation emerge, as students AND opportunities for learning in the future. The course then formally ends.172 Learning, however, continues beyond the temporal confines of the semester. Students who AND concerns. And it builds a strong community of individuals with common interests. CONCLUSION The legal academy has, of late, been swept up in concern about the AND both the expression of government authority and the effort to limit the same. The one-size fits all approach currently dominating the conversation in legal education, AND greater nuance in the discussion of the adequacy of the current pedagogical approach. With this approach in mind, I have here suggested six pedagogical goals for national AND to ensure that they will be most effective when they enter the field. The problem with the current structures in legal education is that they fall short, AND in other areas of experiential education, such as clinics and moot court. It is in an effort to address these concerns that I developed the simulation model AND undoubtedly necessary, it suggests one potential direction for the years to come.
off 2
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. AND 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 AND life and death, to resist the racist and heterosexist disavowal of finitude.
The alternative is to vote negative to endorse the politics of spectrality. This shatters the Hegelian dialectic of presence that sustains all violence against the abject. Peterson ’6 Christopher, "The Return of the Body: Judith Butler’s Dialectical Corporealism," Discourse, 28.2263, Spring 26 Fall 2006, pp. 153-177 (Article) Precarious Bodies
A return to ontology in Precarious Life is also legible in its tendency to reduce AND of spectrality through which the abjection of queers both emerges and is sustained.
off 3
The role of the ballot is which team best provides a method for the debate cityspace, and the people within it, to address the issue of white supremacy in debate.
The ideal of community creates scapegoating and exclusion based on race, sex and class. even radical reappropriation fails in this context – it’s best to ditch the concept altogether Young 90 IRIS MARION YOUNG, JUSTICE AND THE POLITICS OF DIFFERENCE 237-38 (1990). Iris Marion Young (2 January 1949 - 1 August 2006) was Professor of Political Science at the University of Chicago, and affiliated with the Center for Gender Studies ~1~ and the Human Rights program there. Her research covered contemporary political theory, feminist social theory, and normative analysis of public policy.
I have argued that the ideal of community denies the difference between subjects and the AND same time recognize and affirm the group and individual differences within the group.
The concept of community connects to the worst genocides of the 20th century Pavlich 1 Restorative justice and civil society By Heather Strang, John Braithwaite UNIVERSITY OF ALBERTA, Professor of Law and Sociology PhD (Sociology) 1992 University of British Columbia
Indeed, the quest for a clearly defined community always contains the seeds of exclusionary AND between people is an innocuous, or inherently positive, set of events.
Community actively attempts to impose homogeneity. We should instead work within a frame of urban acceptance of difference–the alternative solves the aff better Young 90 IRIS MARION YOUNG, JUSTICE AND THE POLITICS OF DIFFERENCE 237-38 (1990). Iris Marion Young (2 January 1949 - 1 August 2006) was Professor of Political Science at the University of Chicago, and affiliated with the Center for Gender Studies ~1~ and the Human Rights program there. Her research covered contemporary political theory, feminist social theory, and normative analysis of public policy.
Many philosophers and political theorists criticize welfare capitalist society for being atomistic, depoliticized, AND the different groups that dwell together in the citv without forming a community.
DA
\ The aff expands precedent against indefinite detention—that destroys military operations Ford, 10 (Colonel, U.S. Army Judge Advocate General’s Corps, currently serving as the Staff Judge Advocate, Multi-National Security Transition Command-Iraq, Baghdad, Iraq, "Keeping Boumediene off the Battlefield: Examining Potential Implications of the Boumediene v. Bush Decision to the Conduct of United States Military Operations," 30 Pace L. Rev. 396, Winter, Lexis)
Boumediene, and the potential extension of its holding, impacts U.S. AND for fratricide, enemy advantage, or worse - mission failure and defeat.
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.
case
Their ethics collapses never reaches a concrete stopping point – causes genocide David R. Schmahmann and Lori J. Polacheck, a partner in the firm of Nutter, McLennan 26 Fish, Boston College Environmental Affairs Law Review, SPRING, 95
In the end, however, it is the aggregate of these characteristics that does AND only took the place of the human being and the Colorado beetle. 26
Structural violence focus turns the aff - Focus on guilt-based pancea politics leads to compassion fatigue that results in a net-decrease in ethical acts Moeller, 99 Dr. Susan Moeller is the director of the International Center for Media and the Public Agenda (ICMPA), an academic center that forms a bridge between the College of Journalism and the School of Public Policy at the University of Maryland, College Park. She is Professor of Media and International Affairs in the Philip Merrill College of Journalism at the University of Maryland and an affiliated faculty member at the School of Public Policy. "Compassion Fatigue : How the Media Sells Disease, Famine, War and Death" http://site.ebrary.com.proxy.lib.umich.edu/lib/umich/docDetail.action?docID=10054625-http://site.ebrary.com.proxy.lib.umich.edu/lib/umich/docDetail.action?docID=10054625 pg. 9-12 BJM It all started with an advertising campaign. We have all been cued by that AND finally to rot away, without anyone ever realizing it once stood tall.
2NC
Spectrality
Turns the case—denial of finitude reinscribes American exceptionalism Luciano ’12 Dana, Georgetown University, Book review: Kindred Specters:Death,Mourning, and American Affinity. Christopher Peterson. Minneapolis:University ofMinnesota Press, 2007. Pp. ixþ188, The book opens with an extensive introductory chapter outlining the shape of the argument about AND fully mourned, but in which some unincorporated trace is permitted to remain.
It’s impossible—the specter cannot be assimilated into the logic of presence Peterson ’7 Christopher, Kindred Specters, Death, Mourning, and American Affinity, University of Minnesota Press 2007 To displace the dialectic of immortality/mortality requires the introduction of a third term AND being-toward-death to which no-body is immune.18
Community
Community enshrines face-to-face interaction as the ideal of politics. this illusion kill any effort at a genuinely liebratory democracy. it applies especially well to debate, which is based in part on maintaining a myth of the logos in presence. Young 90 IRIS MARION YOUNG, JUSTICE AND THE POLITICS OF DIFFERENCE 237-38 (1990). Iris Marion Young (2 January 1949 - 1 August 2006) was Professor of Political Science at the University of Chicago, and affiliated with the Center for Gender Studies ~1~ and the Human Rights program there. Her research covered contemporary political theory, feminist social theory, and normative analysis of public policy.
The ideal of community as a pure copresence of subjects to one another receives political AND another in a subjective and immediate sense, relating across time and distance.
the perm still links - ideals of community are inherently anti-urban. they’re based in a nostalgic romanticism that hates the city Young 90 IRIS MARION YOUNG, JUSTICE AND THE POLITICS OF DIFFERENCE 237-38 (1990). Iris Marion Young (2 January 1949 - 1 August 2006) was Professor of Political Science at the University of Chicago, and affiliated with the Center for Gender Studies ~1~ and the Human Rights program there. Her research covered contemporary political theory, feminist social theory, and normative analysis of public policy.
Appeals to community are usually antiurban. Much sociological literature diagnoses modern history as a AND conclusion that a vision of dismantling the city is hope- lessly Utopian.
The difficulty of drawing the conceptual boundaries of any one ’community’ within a vast modern AND in this way, then, ’community’ maps political desire on to geography.
This is a DA to the aff—this hostility to the city sustains global wars. maintaining public spaces of dissent within the city is the only possibility of reversing these genocidal logics GRAHAM 9 Graham, Stephen(2009) ’Cities as Battlespace: The New Military Urbanism’, City, 13: 4, 383 — 402 DOI: 10.1080/13604810903298425 URL: http://dx.doi.org/10.1080/13604810903298425-http://dx.doi.org/10.1080/13604810903298425 Stephen Graham is Professor of Human Geography at the University of Durham. He holds a degree on Geography (Southampton, 1986), an M. Phil. In Urban Planning (Newcastle, 1989), and a Ph.D. in Science and Technology Policy (Manchester, 1995). Between 1989 and 2002 he worked in planning and economic development at Sheffield City Council.
The power of the new military urbanism thesis is that it forces together sites and AND to pre-emptively lock-down democratic politics (Zimmermann, 2007).
DA
Regulations on detention require huge military investments that trade-off with effective war-fighting—causes failure in Iraq and Afghanistan Ford, 10 (Colonel, U.S. Army Judge Advocate General’s Corps, currently serving as the Staff Judge Advocate, Multi-National Security Transition Command-Iraq, Baghdad, Iraq, "Keeping Boumediene off the Battlefield: Examining Potential Implications of the Boumediene v. Bush Decision to the Conduct of United States Military Operations," 30 Pace L. Rev. 396, Winter, Lexis)
Programmatically and institutionally, extension would require a re-evaluation of the DoD’s policies AND U.S. Navy operations during law enforcement actions at sea. n45
Nuclear war Morgan 7 (Stephen John, former National Executive Officer of the British Labour Party, his responsibilities included international relations, ethnic minority work, women’s issues, finance, local government and organization, he specialised particularly in international crisis situations spending long periods working in Belfast, in efforts to overcome sectarian strife and terrorism, former Director of WIC, a research and publishing company based in London, he went to live in Budapest during the Gorbachov period from where he helped build opposition groups in the underground in Hungary, Yugoslavia, Bulgaria and East Germany, Stephen left active politics in the early 1990 and came to live in Brussels, where he established and managed his own publishing company, has lived and worked in more than 27 different countries, including underground political work during the troubles in in Northern Ireland and war in Yugoslavia, http://www.electricarticles.com/display.aspx?id=639)
Although disliked and despised in many quarters, the Taliban could not advance without the AND slogan of «Better another Taliban Afghanistan, than a Taliban NUCLEAR Pakistan21
And, Morgan says it draws in China and Russia:
Russia Bostrom 2 (Nick Bostrom, 2002. Professor of Philosophy and Global Studies at Yale. "Existential Risks: Analyzing Human Extinction Scenarios and Related Hazards," 38, www.transhumanist.com/volume9/risks.html)
A much greater existential risk emerged with the build-up of nuclear arsenals in AND existential risk, since it would not destroy or thwart humankind’s potential permanently.
3) All lives infinitely valuable—only ethical option is maximizing number saved Cummisky, 96 (David, professor of philosophy at Bates, Kantian Consequentialism, p. 131)
Finally, even if one grants that saving two persons with dignity cannot outweigh and AND conclusion that the more persons with dignity who are saved, the better.
War turns structural violence Bulloch 8 Millennium - Journal of International Studies May 2008 vol. 36 no. 3 575-595 Douglas Bulloch, IR Department, London School of Economics and Political Science. He is currently completing his PhD in International Relations at the London School of Economics, during which time he spent a year editing Millennium: Journal of International Studies
But the idea that poverty and peace are directly related presupposes that wealth inequalities AND problems as fundamentally economic rather than deeply – and potentially radically – political.
Their conception of violence is reductive and can’t be solved Boulding 77 Twelve Friendly Quarrels with Johan Galtung Author(s): Kenneth E. BouldingReviewed work(s):Source: Journal of Peace Research, Vol. 14, No. 1 (1977), pp. 75-86Published Kenneth Ewart Boulding (January 18, 1910 – March 18, 1993) was an economist, educator, peace activist, poet, religious mystic, devoted Quaker, systems scientist, and interdisciplinary philosopher.~1~~2~ He was cofounder of General Systems Theory and founder of numerous ongoing intellectual projects in economics and social science. He graduated from Oxford University, and was granted United States citizenship in 1948. During the years 1949 to 1967, he was a faculty member of the University of Michigan. In 1967, he joined the faculty of the University of Colorado at Boulder, where he remained until his retirement.
Finally, we come to the great Galtung metaphors of ’structural violence’ ’and ’positive AND it may have d’one a disservice in preventing us from finding the answer.
1NR
FW
They don’t meet – topical affs have to simulate federal government action – prefer Ericson – it’s a holistic interpretation of "USFG should" and establishes a clear threshold.
Ambiguity is a reason to err neg – T is a big time investment. We shouldn’t have to corner them into defending a plan just to get back to square one – the only neg advantage is time.
Plan ambiguity links to clash – distracts 1NC attention, creates shallow debate and encourages run and gun.
Debate should be about process and product – their impact focus not only rigs the game, it also means you should vote neg on presumption Major, PhD candidate in the Department of Political Science at Rutgers University, 2012 (Mark, Where Do We Go From Here?, Kindle Edition, Locations 91-130) More than seventy years ago, the economist John Maynard Keynes remarked that the ideas AND I was encouraged to find that these contributors were up to the challenge.
No internal link – just because they can make a good metaphor doesn’t mean it’s got any access to truth Goldman 01 (Michael, Dept. Philosophy @ Miami U. Ohio, Journal of Value Inquiry, "A Transcendental Defense of Speciesism" 35:59-69, Springer)
While we may agree that racism, sexism, classism, and other forms of AND can justify our condemnation of the oppression of non-dominant human beings.
Reject this metaphorical approach – it’s pragmatically dangerous and prone to miscommunication – vote neg on presumption Hart 06 (Hart, Geoff, September 2006, "Editorial: Overextending metaphors", Scientific Communication, Vol. 13 No. 1, http://www.stcsig.org/sc/newsletter/html/2006-3.htm)FS One problem with metaphors is that they can be carried too far: because a AND that we can subsequently build upon to create a deeper, richer understanding.
Obama singularly focused on the fiscal crisis—his political capital will resolve it before shutdown and default Jonathan Allen, Politico, 9/19/13, GOP battles boost President Obama, dyn.politico.com/printstory.cfm?uuid=17961849-5BE5-43CA-B1BC-ED8A12A534EB
There’s a simple reason President Barack Obama is using his bully pulpit to focus the nation’s attention on the battle over the budget: In this fight, he’s watching Republicans take swings at each other. And that GOP fight is a lifeline for an administration that had been scrambling to gain control its message after battling congressional Democrats on the potential use of military force in Syria and the possible nomination of Larry Summers to run the Federal Reserve. If House Republicans and Obama can’t cut even a short-term deal for a continuing resolution, the government’s authority to spend money will run out on Oct. 1. Within weeks, the nation will default on its debt if an agreement isn’t reached to raise the federal debt limit. For some Republicans, those deadlines represent a leverage point that can be used to force Obama to slash his health care law. For others, they’re a zero hour at which the party will implode if it doesn’t cut a deal. Meanwhile, "on the looming fiscal issues, Democrats — both liberal and conservative, executive and congressional — are virtually 100 percent united," said Sen. Charles Schumer (D-N.Y.). Just a few days ago, all that Obama and his aides could talk about were Syria and Summers. Now, they’re bringing their party together and shining a white hot light on Republican disunity over whether to shut down the government and plunge the nation into default in a vain effort to stop Obamacare from going into effect. The squabbling among Republicans has gotten so vicious that a Twitter hashtag — ~23GOPvsGOPugliness — has become a thick virtual data file for tracking the intraparty insults. Moderates, and even some conservatives, are slamming Texas Sen. Ted Cruz, a tea party favorite, for ramping up grassroots expectations that the GOP will shut down the government if it can’t win concessions from the president to "defund" his signature health care law. "I didn’t go to Harvard or Princeton, but I can count," Sen. Bob Corker (R-Tenn.) tweeted, subtly mocking Cruz’s Ivy League education. "The defunding box canyon is a tactic that will fail and weaken our position." While it is well-timed for the White House to interrupt a bad slide, Obama’s singular focus on the budget battle is hardly a last-minute shift. Instead, it is a return to the narrative arc that the White House was working to build before the Syria crisis intervened. And it’s so important to the president’s strategy that White House officials didn’t consider postponing Monday’s rollout of the most partisan and high-stakes phase even when a shooter murdered a dozen people at Washington’s Navy Yard that morning. The basic storyline, well under way over the summer, was to have the AND leverage a debt-ceiling increase for Obamacare cuts would reverse progress made. The president is on firm ground, White House officials say, because he stands with the public in believing that the government shouldn’t shut down and that the country should pay its bills.
The plan causes an inter-branch fight that derails Obama’s agenda Douglas Kriner, Assistant Profess of Political Science at Boston University, 2010, After the Rubicon: Congress, Presidents, and the Politics of Waging War, p. 67-69
Raising or Lowering Political Costs by Affecting Presidential Political Capital Shaping both real and anticipated public opinion are two important ways in which Congress can AND were more important to the president than achieving unconditional victory over North Korea." While congressional support leaves the president’s reserve of political capital intact, congressional criticism saps AND that had suffered the highest casualty rates in the Iraq War.6° In addition to boding ill for the president’s perceived political capital and reputation, such AND a rear-guard action against congressional critics of the war in Iraq. When making their cost-benefit calculations, presidents surely consider these wider political costs of congressional opposition to their military policies. If congressional opposition in the military arena stands to derail other elements of his agenda, all else being equal, the president will be more likely to judge the benefits of military action insufficient to its costs than if Congress stood behind him in the international arena
That spills-over to government shutdown and US default—that kills the economy and US credibility Norm Ornstein, resident scholar at the American Enterprise Institute, 9/1/13, Showdowns and Shutdowns, www.foreignpolicy.com/articles/2013/09/01/showdowns_and_shutdowns_syria_congress_obama
Then there is the overload of business on the congressional agenda when the two houses AND debt ceiling, with devastating consequences for American credibility and the international economy. Beyond the deep policy and political divisions, Republican congressional leaders will likely use both AND over fiscal policy will bleed over into the debate about America and Syria.
US economic decline spills over to the world economy and triggers 15 unique scenarios for instability and global nuclear war – 1) US Internal disorder 2) Trade Collapse 3) Destruction of Constitution 4) Heg collapse 5) Middle East War 6) Crime 7) Pacific Drawdown 8) Chinese Aggression 9) Chinese Instability (nuclear) 10) European Totalitarianism 11) UK instability 12) Russian Expansionism 13) German Remilitarization 14) Food Riots 15) Prolonged Global Warfare Duncan 12 – chief economist at Singapore-based Blackhorse Asset Management, former financial sector specialist at the World Bank and global head of investment strategy at ABN AMRO Asset Management, studied literature and economics at Vanderbilt University (1983) and international finance at Babson College (1986); (February 24, 2012, "The New Depression: The Breakdown of the Paper Money Economy," http://www.amazon.com/The-New-Depression-Breakdown-ebook/dp/B007GZOYI6)JCP
The consequences of a New Great Depression would extend far beyond the realm of economics. Hungry people will fight to survive. Governments will use force to maintain internal order at home. This section considers the geopolitical repercussion of economic collapse, beginning with the United States. First, the U.S. government’s tax revenues would collapse with the depression AND foreign funding for the U.S. budget deficit would dry up. Consequently, the government would have to sharply curtail its spending, both at home AND might be the military that ultimately determines how the country would be governed. The political battle over America’s future would be bitter, and quite possibly bloody. It cannot be guaranteed that the U.S. Constitution would survive. Foreign affairs would also confront the United States with enormous challenges. During the Great AND could not finance its military in the same way it does at present. Therefore, either the United States would have to find an alternative funding method for its global military presence or else it would have to radically scale it back. Historically, empires were financed with plunder and territorial expropriation. The estates of the vanquished ruling classes were given to the conquering generals, while the rest of the population was forced to pay imperial taxes. The U.S. model of empire has been unique. It has financed AND The United States would have to maintain control over them whatever the price. In this global depression scenario, the price of oil could collapse to 243 AND given that mass unemployment would inevitably lead to a sharp spike in crime. Only after the Middle East oil was secured would the country know how much more of its global military presence it could afford to maintain. If international trade had broken down, would there be any reason for the United AND for U.S. protection. Retreat from Asia might become unavoidable. And Europe? What would a cost–benefit analysis conclude about the wisdom of the United States maintaining military bases there? What valued added does Europe provide to the United States? Necessity may mean Europe will have to defend itself. Should a New Great Depression put an end to the Pax Americana, the world AND (other than North Korea, which is largely a Chinese satellite state). However, in this disaster scenario, it is not certain that China would survive AND China’s provinces, ruled by warlords, were at war with one another. United or divided, China’s nuclear arsenal would make it Asia’s undisputed superpower if the AND be able to prevent mass migration southward, even if it wanted to. In Europe, severe economic hardship would revive the centuries-old struggle between the AND democratic institutions would hold up better this time that they did last time. England had an empire during the Great Depression. Now it only has banks. In a severe worldwide depression, the country— or, at least London—could become ungovernable. Frustration over poverty and a lack of jobs would erupt into anti-immigration riots not only in the United Kingdom but also across most of Europe. The extent to which Russia would menace its European neighbors is unclear. On the one hand, Russia would be impoverished by the collapse in oil prices and might be too preoccupied with internal unrest to threaten anyone. On the other hand, it could provoke a war with the goal of maintaining internal order through emergency wartime powers. Germany is very nearly demilitarized today when compared with the late 1930s. Lacking a nuclear deterrent of its own, it could be subject to Russian intimidation. While Germany could appeal for protection from England and France, who do have nuclear capabilities, it is uncertain that would buy Germany enough time to remilitarize before it became a victim of Eastern aggression. As for the rest of the world, its prospects in this disaster scenario can AND by an even more calamitous global war that killed approximately 60 million people.
XO CP
The executive branch of the United States federal government should issue and enforce an executive order to plan mandate. The order should also establish a bipartisan independent executive branch commission to x, mandate transparency, and develop interagency cyber warfare doctrine via consultation with the Congress.
Self-restraint is durable and sends a credible signal Eric Posner, The University of Chicago Law School Professor, and Adrian Vermeule, Harvard Law School Professor of Law, 2007, The Credible Executive, 74 U. Chi. L. Rev. 865
The Madisonian system of oversight has not totally failed. Sometimes legislators overcome the temptation AND but plausibly it is quite large; we will assume that it is. It is often assumed that this partial failure of the Madisonian system unshackles and therefore AND contracting failure that makes potentially everyone, including the voters, worse off. Our central question, then, is what the well-motivated executive can do AND mechanisms to help the well-motivated executive credibly distinguish himself as such. IV. Executive Signaling: Law and Mechanisms We suggest that the executive’s credibility problem can be solved by second-order mechanisms AND -motivated actors. Commitments themselves have value as signals of benign motivations. This departs from the usual approach in legal scholarship. Legal theory has often discussed AND support from the public and other members of the government. ~*895~ Furthermore, our question is subconstitutional: it is whether a well-motivated executive AND in actions that are less costly for good types than for bad types. We begin with some relevant law, then examine a set of possible mechanisms -emphasizing both the conditions under which they might succeed and the conditions under which they might not -and conclude by examining the costs of credibility. A. A Preliminary Note on Law and Self-Binding Many of our mechanisms are unproblematic from a legal perspective, as they involve presidential AND new political coalitions that will act to defend the new rules or policies. More schematically, we may speak of formal and informal means of self-binding:
The president might use formal means to bind himself. This is possible in the sense that an executive order, if otherwise valid, legally binds the president while it is in effect and may be enforced by the courts. It is not possible in the sense that the president can always repeal the executive order if he can bear the political and reputational costs of doing so. 2. The president might use informal means to bind himself. This is not AND as a breach of faith even if no other institution ever enforces it.
In the development of doctrine, foreign partners are almost as important as the intelligence community in offering particular knowledge, expertise, and intelligence capabilities. It is unlikely that any future crisis will be met solely by the United States. Foreign countries and the United States are together on battlefield of Iraq and Afghanistan, and they will be in cyber space as well. Joint Publication 3-13 states: Allies and coalition partners recognize various ~information operations~ concepts and some have thorough AND and achievable IO strategy can be developed early in the planning process.73 Foreign partners are critical to the success of U.S. military operations in all the domains. A new cyber doctrine will clarify the U.S. policy in cyberspace for all allies. IV. OTHER CONSIDERATIONS The most significant policy issues facing any cyberpower projection is the applicability of the Law of War (LOW). The legal questions must be examined and resolved in detail.74 The relationship between the laws of war and cyber operations will evolve, but a baseline policy position must involve the entire U.S. government. Scrutiny should focus on the definitions of "armed attack," as well as "distinction" and "proportionality" as applied to cyber operations.75 The U.N. Charter provides guidance for responses to armed attacks. The proper classification of cyber activity as an armed attack is much more difficult than the drafters of the U.N. Charter ever envisioned. These issues are ripe for debate and could be addressed in drafting the guiding principles for a national cyber doctrine. There is a presumption that the rules of engagement in cyber doctrine "will follow AND malicious actors consider that no boundaries exist between military and civilian targets."77 The law frequently lags behind technology, but the consequences of adversarial actions against the United States and the responses of the Cyber Command illustrate the importance of establishing legitimate legal bases for defensive and offensive cyber operations. "The potentially nonlethal nature of cyber weapons may cloud the assessment of an attack’s legality, leading to more frequent violations of the principle of distinction in this new form of warfare than in conventional warfare."78 For these reasons, legal experts in the national security sector must engage in the development of the new cyber doctrine. Now is the time for the United States to demonstrate its leadership in establishing the proper doctrine for a governmental approach in accordance with the civil and military principles that have led to U.S. freedom of action. CONCLUSION The U.S. Cyber Command was established to defend DoD networks against cyber AND bring its full intellectual might to bear on the challenging domain of cyberspace. The joint doctrine development process will allow interagency elements to resolve many issues that currently AND through which the United States can express national values and protect national interests.
A new cyber doctrine will provide guidance on the application of cyberpower in response to AND their current classification, network attack capabilities are misunderstood and not widely employed. A national cyber doctrine should be unclassified to the maximum extent possible. As with AND what information must remain classified and what does not need to be classified. Although the doctrine should include as much unclassified detail as possible, the national cyber AND . . . that counters to their recurrence are straightforward to implement."54 This issue of overclassification must be addressed if U.S. national security organizations AND use of computer network attack is unavailable" and is still evolving.56 The national security sector needs to debate cyberpower publicly, rather than just hold classified conversations.57 An open debate about the application of power and the circumstances that warrant a doctrinal response would clarify and further develop the general understanding of not only the capabilities but also the limitations of network operations
Restriction PIC
CP Text: The United States federal government should require the President of the United States to consult with congress prior to the use of offensive cyber operations except in the instance of wmd terror or aggressive offense cyber operations by other countries
War Powers DA
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 AND and avoid it when he knows that it will stand in his way.
Plan destroys executive commander-in-chief supremacy—cyber capabilities are the key Lorber ’13 Eric, J.D. Candidate, University of Pennsylvania Law School, Ph.D Candidate, Duke University Department of Political Science, "Executive Warmaking Authority and Offensive Cyber Operations: Can Existing Legislation Successfully Constrain Presidential Power?," 15 U. Pa. J. Const. L. 961 Yet a surprising amount of uncertainty exists as to which - if any - domestic AND having a developed understanding of these capabilities may problematically limit their effective use.
That goes nuclear 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. 26 Pub. Pol’y 373 2009 WAR POWERS IN THE FOURTH GENERATION OF WARFARE A. The Emergence of Non-State Actors Even as the quantity of nation-states in the world has increased dramatically since AND and action necessary to prevail in fourth-generational conflicts against fourthgenerational opponents.
Bioterror causes extinction Mhyrvold ’13 Nathan, Began college at age 14, BS and Masters from UCLA, Masters and PhD, Princeton "Strategic Terrorism: A Call to Action," Working Draft, The Lawfare Research Paper Series Research paper NO . 2 – 2013
As horrible as this would be, such a pandemic is by no means the AND be available to anybody with a solid background in biology, terrorists included.
Legalism
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 AND 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 AND 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 AND thus accountability to) actors inside and outside the presidency much more extensive.
Case
loac
No modeling - strategic incentive to maintain legal ambiguity Waxman 11 Matthew C. Waxman, Associate Professor, Columbia Law School; Adjunct Senior Fellow, Council on Foreign Relations; Member of the Hoover Institution Task Force on National Security and Law, Yale Journal of International Law, March 16, 2011, "Cyber-Attacks and the Use of Force: Back to the Future of Article 2(4)," vol 36, http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1674565
B. Technology, Power Shifts, and the Strategic Logic of Legal Interpretation With these relationships between law and power in mind, the United States has an AND quo distribution of power built on traditional measures like military and economic might. It is not surprising that the United States seems inclined toward an interpretation of Articles AND
these strengths are therefore inextricably linked to new and emerging vulnerabilities.144 Although some experts assess that the United States is currently strong relative to others in terms of offensive capabilities,145 several factors make the United States especially vulnerable to cyber-attack, including the informational and electronic interconnectedness of its military and public and private sectors, and political obstacles to curing some of these vulnerabilities through regulation.146 As the Obama administration’s 2010 National Security Strategy acknowledged: The very technologies that empower us to lead and create also empower those who would disrupt and destroy. They enable our military superiority . . . . Our daily lives and public safety depend on power and electric grids, but potential adversaries could use cyber vulnerabilities to disrupt them on a massive scale.147 In other words, U.S. technological strengths create corresponding exposures to threats AND U.S. government reliance on other elements of a defensive strategy. In that light, U.S. legal interpretations and declaratory postures that define AND vast military edge (and it helps signal a willingness to do so). Put another way, the United States appears to be placing hedged bets about what AND , it may help articulate and deter the crossing of red lines.153 In trying to explain what may be driving the U.S. interpretation, this Article is neither affirming nor denying this strategic logic, which is contingent on future capabilities and vulnerabilities that are both highly uncertain and shrouded in secrecy. Rather, it is trying to uncover and scrutinize some of the underlying assumptions. There are several strategic reasons for the United States to be cautious in considering interpretations AND reach consensus (the difficulties of which are discussed in the next Section). Depending on the relative risk of different types of future cyber-attack scenarios, AND international system by eroding normative constraints on military responses to nonmilitary harms.157 As the following Section explores, it is very difficult to assess these risk balances because the global security environment is shifting dramatically and unpredictably. Moreover, even if the United States could assess the risks accurately, other states may be operating under different sets of strategic assumptions about that future. C. Divergent Interests and Implications for Charter Interpretation Assuming the United States decides firmly on a legal interpretation going forward, the redrawing AND of power for deterrence, self-defense, enforcement, and influence. Again, one should not divorce analysis of any proposed content of Articles 2( AND of built-in ~legal~ ambiguities as future political weapons."160 That is, even if states widely share a common, minimum interest in restricting some cyber-attacks, states may have divergent interests regarding specific substantive content as well as the desired degree of clarity in the law. Salient differences will likely stem from asymmetries of geostrategic ambitions, internal and external commitment to legal norms generally, and the nature and extent of public-private institutional relationships.161 In contrast to the United States, some states that are developing offensive cyber- AND Individually, though, they will have little power to promote those principles. Like the United States, other major actors may have much to lose from cyber AND concerns about military escalation of crises and divergent strategic assessments among themselves.172 Differences in internal politics, ideology, and government control over information will also shape AND of cyber-attacks without some unlikely concessions by the United States.175 From a policy standpoint, this should sound another cautionary note about efforts to build AND on a different set of objectives, capabilities, vulnerabilities, and constraints.
The Wall Street Journal recently reported on debates within the Obama administration about the legality AND near the edge" of illegality but does not quite tumble over it. That is a questionable judgment. The U.N. Charter permits countries to AND the United States. That leaves consent as the only possible legal theory. But Pakistan has never consented to the drone war. Publicly and officially the country AND . But after the raid, the ISI stopped sending back the acknowledgments. Now what to do? The administration argues that consent can still be inferred despite the unanswered faxes. The reason is that "the Pakistani military continues to clear airspace for drones and doesn’t interfere physically with the unpiloted aircraft in flight"—meaning that Pakistan does not shoot down the drones or permit private aircraft to collide with them. We might call this "coerced consent." Consider it this way: You walk AND , it is deemed to consent to the bombing of its own territory. But don’t blame government lawyers like Koh for devising this theory. International law lacks AND expansive war powers, targeted killing, military commissions, and military detention.) The weakness of international law governing the use of military force goes back to the AND also retroactively approved the U.S. invasion of Afghanistan in 2001). Needless to say, there have been dozens of wars since 1945. Participants have AND N. prohibition on interstate war by funding and training a domestic insurgency. The U.N. Charter does not permit states to use military force to unilaterally address long-term threats in this way. It is too easy for states to characterize other states as long-term threats regardless of whether they are. And yet this omission rendered the charter unworkable, because all states must take long-term threats seriously, whether or not the members of the Security Council can be persuaded or bribed to agree with them. Government lawyers like Koh must scramble to revise their interpretation of international law so as AND unique dangers of nuclear weapons and Iran’s declared hostility toward a nearby country. It is curious that there is not a global outcry about the illegality of the AND to use, whether you are a Republican president or a Democratic one.
Inter arma enim silent leges, said the Romans—in times of war, the law falls silent. But ours is a chattier society. Rather than keep silent, our laws speak loudly about war. We just don’t follow them—as the U.S. military intervention in Syria is about to show. Press reports say that President Obama has ordered his lawyers to supply him with a legal justification for a military assault on Syria, and unnamed officials have cited the Geneva Protocol, the Chemical Weapons Convention, the Kosovo precedent, and the so-called Responsibility to Protect doctrine. They have not cited the United Nations Charter, which flatly bans military interventions without Security Council approval, which the United States cannot obtain because of Russian and Chinese opposition. The Geneva Protocol of 1925 (which Syria ratified) and the Chemical Weapons Convention AND , that rule has been superseded by the U.N. Charter. The Kosovo precedent refers to the 1999 military intervention in Serbia, launched to stop a campaign of ethnic cleansing against people living in that region of Serbia. Then, too, the United States failed to obtain approval from the Security Council but attacked anyway. It’s odd to claim the Kosovo attack as a precedent, as it was widely regarded as illegal at the time and afterward. But most people, or at least Westerners, believed that the Kosovo intervention was AND But this idea was never sanctified in a treaty and is not law. The most honest thing to do would be to admit that the international law on AND .N. rules because it wants other countries to comply with them. On the domestic front, things are hardly better. The Constitution gives Congress, AND or American property that could be protected?" Syria, it turns out. No one alleges that the Syrian government poses a threat to Americans or American property AND so there are no constitutional constraints on his power to initiate military intervention. Congress tried to bring the executive under control back in 1973 by enacting the War AND aid to countries in which a military coup overthrows a democratically elected leader. One can be cynical or realistic. I prefer the latter. The Romans had AND they invoke the law, they don’t actually believe what they are saying.
The general who oversees the Air Force’s online warriors says there needs to be a AND between an action that may look provocative, but is actually more benign. Basla’s title reflects how priorities have changed for the Air Force in a short period AND , at the same time that he tries to defend the Air Force’s. Basla’s comments about deterrence echo those of other cybersecurity experts who say that there is currently no cyber-analog to the strategy of nuclear deterrence, whereby nations understand what aggressive steps they might take but still stop short of a full exchange of nuclear weapons.
2.1 LACK OF A UNIVERSALLY ACCEPTED CYBERWARFARE LEXICON Anyone reading lay articles, AND members like China and Russia are relying upon an entirely different cyber language.
cyber adv
Executive flexibility is key to effective offensive cyber and deterrence—norms develop out of a policy equilibrium, which solves the aff Bradbury 11 (Steven – partner @ Dechert, LLP, "The Developing Legal Framework for Defensive and Offensive Cyber Operations" March 2011, Cybersecurity: Law, Privacy, and Warfare in a Digital World, Harvard National Security Journal, Vol. 2)
Conclusion. So here’s my thesis: To my view, the lack of clarity AND policy, whether and when to treat it as an act of war. The corollary to all this is that in situations where the customs of war, AND don’t yet exist in a way that preempts the development of policy. 14 In the face of this lack of clarity on key questions, some advocate for AND norms. I think that’s the way we should want it to work.
Lawyers don’t win wars.¶ But can they lose a war? We’re likely to AND lawyers for their thoughts. We can’t do it the other way around.
Consultation won’t be genuine – the president will just lie to get what he wants Grimmett 8 ~Grimmett; 24 April 2008; "WAR POWERS FOR THE 21ST CENTURY: THE EXECUTIVE BRANCH PERSPECTIVE HEARING BEFORE THE SUBCOMMITTEE ON INTERNATIONAL ORGANIZATIONS, HUMAN RIGHTS, AND OVERSIGHT OF THE COMMITTEE ON FOREIGN AFFAIRS"; House of Representatives (110th Congress), Second Session; Serial No. 110-168; Printed for the use of the Committee on Foreign Affairs; http://www.gpo.gov/fdsys/pkg/CHRG-110hhrg41989/pdf/CHRG-110hhrg41989.pdf~~ Mr. GRIMMETT. I would just add one thing. We are talking about AND , based on new experiences, that we are not fully aware of.
Cyber war infeasible Clark, MA candidate – Intelligence Studies @ American Military University, senior analyst – Chenega Federal Systems, 4/28/’12 (Paul, "The Risk of Disruption or Destruction of Critical U.S. Infrastructure by an Offensive Cyber Attack," American Military University)
The Department of Homeland Security worries that our critical infrastructure and key resources (CIKR AND establish robust security guidelines and cyber security measures (Gohn and Wheelock 2010).
The surest way of foreclosing on the possibility of this all-too-plausible doomsday in space is through the same kind of multilateral efforts that have stanched the spread of nuclear arms,
stigmatized the use of chemical weapons, and all but stricken catastrophic inter-state warfare from the face of the earth. The world needs a system of multilateral checks and balances that relegates war against space assets to the same political and psychic space as World War III: something that humanity, by dint of mutual self-interest and robust international institutions, has successfully turned into a geopolitical boogeyman, a bandied-about but nevertheless distant worst-case scenario. That work has already begun. There is an international effort underway to create a AND , rather than a piece of law; unspecific, and largely toothless. In the Star Wars universe, space is a place of danger, a domain where the powerful subjugate the weak, where Executors and TIE Fighters and Death Stars impose fascistic order. Luckily, the rules of the road aren’t the only space war treaty under discussion AND now, the biggest obstacle to the treaty’s passage is the United States. The U.S., which has obstructed or simply ignored the PAROS process, AND into "a treaty which would hurt the most powerful nation the most." This is a legitimate concern, especially if the U.S. observes the AND to seem that way by people who don’t want to get things done." But these are problems that lie at the heart of nearly every multilateral arms treaty. The U.S. has signed quite a few of those over the years. As the country with the most assets in space, the U.S. also has the most to lose from a future space conflict.
2NC
2NC—-AT: Perm Do Both—-Links to War Powers
The permutation links worse Metzger ’9 Gillian, Professor of Law, Columbia Law School, "THE INTERDEPENDENT RELATIONSHIP BETWEEN INTERNAL AND EXTERNAL SEPARATION OF POWERS," 59 Emory L.J. 423 Equally important, the relationship between internal and external separation of powers is reciprocal: AND by the concerns of military lawyers about how the tribunals were functioning. n102
2NC—-AT: Perm Do CP—-General
Authority is power vested in an agent by a principal Oxford Dictionary of Law2009 ("Authority," Oxford University Press via Oxford Reference, Georgetown University Library) authority n. 1 Power delegated to a person or body to act in a particular way. The person in whom authority is vested is usually called an agent and the person conferring the authority is the principal.
Changing authority requires the principal – the agent only operates within the powers it has been given Hohfeld, Yale Law, 1919 (Wesley, http://www.hku.hk/philodep/courses/law/HohfeldRights.htm) Many examples of legal powers may readily be given. Thus, X, the AND , go far toward clearing up certain problems in the law of agency.
The President is subject to statutory and judicial restrictions – doesn’t create them Fisher, Scholar in Residence at The Constitution Project, 2012 (Louis, served for four decades at the Library of Congress, as Senior Specialist, Congressional Research Service, "Basic Principles of the War Power," 2012 Journal of National Security Law 26 Policy 5 J. Nat’l Security L. 26 Pol’y 319) The second value that the Founders embraced in the Commander-in-Chief Clause AND is subject to the rule of law, including statutory and judicial restrictions.
The President has discretion within the bounds of "authority" – doesn’t affect statutory or judicial restrictions Luna, professor of law at the University of Utah, May 2000 (Erik, 85 Iowa L. Rev. 1107, Lexis) For present purposes, a modest definition will suffice—discretion is the power to AND the residual area of executive discretion (D) would be quite small.
2NC—-AT: Perm Do CP—-Statutory
"Statutory" requires a statute Merriam Webster No Date stat•u•to•ry adjective \?sta-ch?-?t?r-?\ Definition of STATUTORY 1: of or relating to statutes 2: enacted, created, or regulated by statute a statutory age limit
That’s a law enacted 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.
"Statutory restrictions on authority" require the Congress Peterson, Associate Professor of Law @ George Washington University, 1991 (Todd D. Peterson,; B.A. 1973, Brown University; J.D. 1976, University of Michigan, Book Review: The Law And Politics Of Shared National Security Power — A Review Of The National Security Constitution: Sharing Power After The Iran-Contra Affair by Harold Hongju Koh, New Haven, Conn.: Yale University Press. 1990. Pp. x, 330, March, 1991 59 Geo. Wash. L. Rev. 747) Based on both case law and custom, it is hard to argue that Congress AND express provisions of the Constitution and the decisions of the Supreme Court. n79 Even in cases in which the Court has given the President a wide berth because AND may restrict the President’s authority to act in matters related to national security. Not even Koh’s bete noire, the Curtiss-Wright case, n83 could reasonably AND not require as a basis for its exercise an act of Congress." n85 Even the dicta of Curtiss-Wright, however, give little support to those AND him from taking the actions that were the subject of the case. n90 To be fair to Koh, he would not necessarily disagree with this reading of AND substantially restricts Congress’s authority to act if it can summon the political will. The absence of judicial restrictions on permissive power sharing is particularly important because it means that the question of statutory restrictions on the President’s national security powers should for the most part be a political one, not a constitutional one. Congress has broad power to act, and the Court has not restrained it from doing so. n91 The problem is that Congress has refused to take effective action.
2NC—-Durable Fiat / AT: Rollback
And executive orders have the force of law: Oxford Dictionary of English 2010 (Oxford Reference, Georgetown Library) executive order ? noun US (Law) a rule or order issued by the President to an executive branch of the government and having the force of law.
Executive orders are permanent Duncan, Associate Professor of Law at Florida A26M, Winter 2010 (John C., "A Critical Consideration of Executive Orders," 35 Vt. L. Rev. 333, Lexis) The trajectory of the evolution of the executive power in the United States, as AND an ever more robust structure of executive orders resembles an autopoietic process. n561
CP constrains future Presidents – it creates a legal framework Brecher, JD University of Michigan, December 2012 (Aaron, Cyberattacks and the Covert Action Statute, 111 Mich. L. Rev. 423, Lexis) The executive might also issue the proposed order, even though it would limit her AND nature of cyberoperations before passing detailed statutes that may result in unintended consequences.
Executive order binds future administrations Jensen, JD Drake University, Summer 2012 (Jase, FIRST AMERICANS AND THE FEDERAL GOVERNMENT, 17 Drake J. Agric. L. 473, Lexis) At the historic 1994 meeting with the tribes, President Clinton signed a Presidential memorandum AND impact regarding current programs and policies, and remove barriers to communication. n85 Toward the end of Clinton’s second term he issued an executive order which provided the AND , prepare progress reports, and ensure compliance with Executive Order 13175. n89
Deterrence – 2NC
Declaratory policies solve transparency and deterrence – creates clear response policy Waxman 13 (Matthew, Professor, Columbia Law School; Adjunct Senior Fellow, Council on Foreign Rela-tions; Member of the Hoover Institution Task Force on National Security and Law, "Self-defensive Force against Cyber Attacks: Legal, Strategic and Political Dimensions" 2013, 89 INT’L L. STUD. 109)
III. A STRATEGIC PERSPECTIVE A strategic perspective on the question of cyber attacks as armed attacks sees the issue as one linking a purported right of armed self-defense to long-term policy interests—both national interests and global ones in the case of the United States—including security and stability. The substance and clarity of any such legal right has the potential to significantly enhance or detract from those strategic ends. Armed self-defense to cyber attacks may be strategically valuable in several respects. AND notice that they should expect a possible military response to some cyber threats.
Self-defense red lines are good – establishes clear thresholds to induce deterrence Waxman 13 (Matthew, Professor, Columbia Law School; Adjunct Senior Fellow, Council on Foreign Rela-tions; Member of the Hoover Institution Task Force on National Security and Law, "Self-defensive Force against Cyber Attacks: Legal, Strategic and Political Dimensions" 2013, 89 INT’L L. STUD. 109)
This is not the place to discuss in any detail the specific challenges and nuances AND might contribute strategically. It could do so in a number of ways. For example, if one believes that armed self-defense is important to protecting AND easier to plan and develop options for policy routes that are declared legal. By thinking externally about the expectations of others, a legal right of armed self AND -gation or for fear of being targeted with armed self-defense.
Norms – 2NC
The CP’s declaratory policy creates international norms – the executive drives change Segal 11 (Adam, Maurice R. Greenberg Senior Fellow for China Studies, "Cyberspace Governance: The Next Step" Policy Innovation Memorandum No. 2, March 2011, Council on Foreign Relations)
After years of dismissing the utility of international negotiations on cyberspace, U.S AND that operate the Internet and nongovernmental organizations responsible for its maintenance and security. Declaratory statements play an important role in the definition, diffusion, and adoption of AND States will respond to and how, making signaling easier and improving stability. The Problem Increased U.S. receptivity to international negotiations reflects a growing sense that domestic AND either national or multilateral, exerts authority over all parts of the Web. As the United States has focused on domestic efforts to make cyberspace more secure— AND and limit the ability of other countries to maneuver in this new domain. The Obama administration’s May 2009 Cyberspace Policy Review revealed a shift in U.S. attitudes. "International norms are critical to establishing a secure and thriving digital infrastructure," the report concluded. In December 2009 the United States agreed to talk with Russia and a United Nations arms control committee about Internet security. International cooperation is necessary, but some fundamental characteristics of cyberspace make traditional arms control AND
signatories to any agreement would have little confidence they could identify violators. Moreover, there is no consensus about what constitutes a cyberattack. The United States AND Russia controlling "patriotic hackers," a requirement Washington is unlikely to meet. The Rules of Cyberspace While a more formal agreement may never be reachable, the United States has a AND centuries of war and formalized after World War II in the Geneva Protocols. At this point, most countries would accept that a cyberattack with "kinetic effects AND the consequences of an attack resulted in real suffering, not simply inconvenience. The United States will not renounce the development and use of offensive weapons, but AND to be significant technical challenges in disentangling protected and non-protected spaces. Building International Support Since communication networks are global and primarily in private hands, an informal multilateralism is AND , the United States can continue to strengthen the authority of these groups. In the case of thresholds and digital safe havens, the United States should conduct AND of the consultative process should be to spur others to issue similar commitments. This decentralized strategy is particularly important after Stuxnet, the malware that appears to target AND are willing to push for new rules may give these norms greater legitimacy. There has been in the United States’ international engagement, however, a tendency to AND , not just coordinate and share information about what other agencies are doing. An informal multilateralism is best suited to cyberspace, and by focusing on some of the norms of interstate cyberconflict, and on thresholds and legitimate targets in particular, the United States will be better able to begin shaping international norms.
Unilateral self-restraint creates international norms Herbert Lin, affiliate at CISAC and chief scientist at the Computer Science and Telecommunications AND Krüger, Bertram Nickolay, Sandro Gaycken, Springer-Verlag London 2013~
The preceding discussion suggests that at the very least, classical deterrence theory¶ ( AND behavior, much as the Convention¶ on Cyber Crime has done.¶ 12
2NC No Cyber War Impact
Err neg - their authors exaggerate and cyber defense tech is improving Libicki 8/16/13 MARTIN C. LIBICKI is a Senior Management Scientist at the RAND Corporation and a Visiting Professor at the U.S. Naval Academy, Foreign Affairs, August 16, 2013, "Don’t Buy the Cyberhype: How to Prevent Cyberwars From Becoming Real Ones", http://www.foreignaffairs.com/articles/139819/martin-c-libicki/dont-buy-the-cyberhype
These days, most of Washington seems to believe that a major cyberattack on U AND and deterrence, including "a nuclear response in the most extreme case." Although the risk of a debilitating cyberattack is real, the perception of that risk AND place in the 21 years since the Internet became accessible to the public. Thus, while a cyberattack could theoretically disable infrastructure or endanger civilian lives, its AND scrambled records would probably prove insufficient to incite a run on the banks. Officials also warn that the United States might not be able to identify the source AND , such as in the daily flow of web traffic from an organization. But since everything is becoming increasingly dependent on computers, could levels of damage impossible AND of their systems that permit such vulnerabilities to exist in the first place.
We don’t have to prove that a cyber attack is impossible, just that high costs will cause enemies to seek alternatives Rid, reader in war studies – King’s College London, and McBurney, professor – Agents and Intelligent Systems Group – Department of Informatics @ King’s College, ’12 (Thomas and Peter, "Cyber-Weapons," The RUSI Journal Volume 157, Issue 1, p. 6-13)
A thorough conceptual analysis and a detailed examination of the empirical record corroborates our hypothesis AND and specific, would have a rather short shelf-life after discovery. Two findings contravene the debate’s received wisdom. One insight concerns the dominance of the AND cyber-weapon could be launched successfully once, it would be highly questionable
f an attack, or even a salvo, could be repeated in order to achieve a political goal. At closer inspection cyber-weapons do not seem to favour the offence. A second insight concerns the risk of electronic arms markets. One concern is that AND commercially available, but probably not pre-programmed warheads of smart missiles.
Cyberattacks nearly impossible – empirics and defenses solve Rid 12 (Thomas Rid, reader in war studies at King’s College London, is author of "Cyber War Will Not Take Place" and co-author of "Cyber-Weapons.", March/April 2012, "Think Again: Cyberwar", http://www.foreignpolicy.com/articles/2012/02/27/cyberwar?page=full)
"Cyberwar Is Already Upon Us." No way. "Cyberwar is coming21" AND pale in comparison. But the empirical record is less hair-raising,
even by the standards of the most drastic example available. Gen. Keith Alexander AND made reprogramming highly specific installations on legacy systems more complex, not less.
No capability or motive Rid 7/29/13 Thomas Rid, Reader in War Studies at King’s College London, His most recent book is Cyber War Will Not Take Place, also a non-resident fellow at the Center for Transatlantic Relations in the School for Advanced International Studies, Johns Hopkins University, The Economist, July 29, 2013, "Cyber-warfare: Statements", http://economist.com/debate/days/view/998/print
Is a violent cyber-attack possible? Of course it is. Nobody said it wasn’t. Risk is the probability of harm multiplied by its cost. The question thus has two parts: how likely are acts of violent, computer-executed sabotage, and how damaging could those acts be? Could computer network attacks rise to a level that sensible people would call "cyber-warfare"? The answer: probably not—for four reasons. First, facts matter. Facts must drive analysis, not fear. That means AND in store. Sometimes the unexpected happens. Which leads to reason two. Intentions matter. Most likely some states have the capability to hack critical infrastructure. AND the intensity of the damage would probably remain more limited than broadly assumed. Because, third, intelligence matters. Penetrating complex targets requires intelligence, highly detailed AND not available easily on the web. It also means targeting is bespoke. Lastly, of course, technology matters. Richard Bejtlich argues that "the power to access data via unauthorised means inherently contains the power to destroy that data". This is indeed true in conventional IT security, or espionage, where confidentiality, integrity and availability of data have to be protected, in this order of priority: C-I-A. But, as the opposition knows, the same does not apply for industrial control systems—the golden target in "cyber-warfare". For the engineers who run power plants, water facilities, or chemical factories, AND internet indeed are, but not the most critical ones like nuclear plants. In sum: stolen and occasionally deleted data are a problem of major proportions, not just a risk. But a cyber-attack that could cause the pain and damage that, say, even a small air-force bombing campaign could cause—that is in the realm of fiction, not fact.
Countermeasures solve Zenko and Cohen 12 (Micah Zenko, Fellow in the Center for Preventive Action AND yale.edu/content/clear-and-present-safety)
A more recent bogeyman in national security debates is the threat of so-called AND 11, and most can be offset by commonsense prevention and mitigation efforts.
Empirics Hirsh, chief correspondent – National Journal, frmr foreign editor – Newsweek, 7/23/’11 (Michael, "Here, There Be Dragons," National Journal)
It all sounds terrifying until one begins to look a little more closely at the AND to servers under foreign control," Lynn wrote in Foreign Affairs last year. But little seems to have come of that beachhead. The vast majority of cyberattacks AND sophistication to infiltrate the U.S. defense or intelligence computer system. The occasional global hackers who have cropped up—one prominent example was "Lulz AND worried about battening down its own cyberhatches even as it probes our own.
Brown and Sommer observe that the Internet and the physical telecommunications infrastructure were designed to AND are not connected to the Internet requiring insider information to make them vulnerable.
As is well understood, the space policies of the Bush administration were decidedly oriented AND remain to be developed.18 Many devils may lurk in these details.
Important changes in U.S. strategic posture, missile defense, and the AND program will be vital for forging security cooperation with the U.S.
UN vote count proves support for a ban Krepon 05 Michael Krepon, Co-Founder of the Henry L. Stimson Center and a Diplomat Scholar at the University of Virginia, Henry L. Stimson Center, 2005, "Space Security or Space Weapons", http://www.gsinstitute.org/docs/Stimson_Space_brief.pdf
On August 12th 2003, 174 nations voted "Yes" on a UN resolution to prevent an arms race in outer space. Only four countries abstained: the Federated States of Micronesia, the Marshall Islands, Israel, and the United States.
If these are some of the lessons of the past 50 years of space security AND activity. These factors could increase the prospects for cooperative outcomes in space.
These dilemmas are widely, but not universally, recognized. Together with the widespread AND States makes prudent decisions in space, others may still make foolish choices.
Economic incentives outweigh Krepon 05 Michael Krepon, Co-Founder of the Henry L. Stimson Center and a Diplomat Scholar at the University of Virginia, Henry L. Stimson Center, 2005, "Space Security or Space Weapons", http://www.gsinstitute.org/docs/Stimson_Space_brief.pdf
Why hasn’t space become a shooting gallery? One reason is that satellites serve as AND a sanctuary blessedly free from the disputes that plague us on planet Earth.
1NR
2nc ov
Howell ’7 William, professor of political science at U-Chicago, and Jon C. Pevehouse, professor of Political Science UW-Madison, "While Dangers Gather : Congressional Checks on Presidential War Powers," 2007 ed.
SIGNALING RESOLVE To the extent that congressional discontent signals domestic irresolution to other nations, AND president lacks support may make them wary of committing any troops at all. Also causes rollback/circumvention Laura Young, Ph.D., Purdue University Associate Fellow, June 2013, Unilateral Presidential Policy Making and the Impact of Crises, Presidential Studies Quarterly, Volume 43, Issue 2 A president looks for chances to increase his power (Moe and Howell 1999). AND policy formation process. In short, focusing events increase presidential unilateral power.
Outweighs their mechanism Laura Young, Ph.D., Purdue University Associate Fellow, June 2013, Unilateral Presidential Policy Making and the Impact of Crises, Presidential Studies Quarterly, Volume 43, Issue 2
During periods of crisis, the time available to make decisions is limited. Because AND regardless of the institutional make-up of government or his persuasive abilities.
Peter Spiro at OJ, and David Rothkopf of FP whom he cites, both AND constitutional perspective, for the President in this context to seek congressional approval.
Syria is a link magnifier—it only constrains Obama with the plan Bradley 9/2/13 Curtis, William Van Alstyne Professor of Law, Professor of Public Policy Studies, and Senior Associate Dean for Academic Affairs. He joined the Duke law faculty in 2005, after teaching at the University of Virginia and University of Colorado law schools. His courses include International Law, Foreign Relations Law, and Federal Courts. He was the founding co-director of Duke Law School’s Center for International and Comparative Law and serves on the executive board of Duke’s Center on Law, Ethics, and National Security. Recently, he was appointed to serve as a Reporter on the American Law Institute’s new Restatement project on The Foreign Relations Law of the United States., "War Powers, Syria, and Non-Judicial Precedent," http://www.lawfareblog.com/2013/09/war-powers-syria-and-non-judicial-precedent/-http://www.lawfareblog.com/2013/09/war-powers-syria-and-non-judicial-precedent/
One claim that is being made about President Obama’s decision to seek congressional authorization for AND Why would a future president facing different circumstances feel constrained by Obama’s inaction?
Common sense does not support replacing the way our Constitution has worked in wartime with AND time to introduce sweeping, untested changes in the way we make war.
No link turns—not a fast enough op tempo to win fourth-gen conflicts. Howell ’7 William, professor of political science at U-Chicago, and Jon C. Pevehouse, professor of Political Science UW-Madison, "While Dangers Gather : Congressional Checks on Presidential War Powers," 2007 ed. In foreign policy making generally, and on issues involving the use of force in AND arc significant: they allow the president to move first and move alone.
Congressional involvement causes extinction 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. 26 Pub. Pol’y 373 2009 On the other hand, the slow-moving, deliberative Congress has no role AND prosperity of the United States in the twenty-first century and beyond.
In order to weigh the advantages of the Congress-first approach, it is AND possible attack, or the uncertainty over whether congressional authorization will be forthcoming.
link—OCOs
Plan destroys executive commander-in-chief supremacy—cyber capabilities are the key Lorber ’13 Eric, J.D. Candidate, University of Pennsylvania Law School, Ph.D Candidate, Duke University Department of Political Science, "Executive Warmaking Authority and Offensive Cyber Operations: Can Existing Legislation Successfully Constrain Presidential Power?," 15 U. Pa. J. Const. L. 961 Yet a surprising amount of uncertainty exists as to which - if any - domestic AND having a developed understanding of these capabilities may problematically limit their effective use.
2nc—OCOs
It’s the key issue Healey et al ’13 Jason, Director, Cyber Statecraft Initiative, The Atlantic Council Moderator: Harvey Rishikof AND . House of Representatives, ""The Role of Congress in Cyber Conflict" MR. HEALEY: Thank you very much. Now, we want to start AND network speed. Congress can’t have a role because it happens like that.
It’s the Litmus test for Presidential war powers authority Lorber ’13 Eric, J.D. Candidate, University of Pennsylvania Law School, Ph.D Candidate, Duke University Department of Political Science, "Executive Warmaking Authority and Offensive Cyber Operations: Can Existing Legislation Successfully Constrain Presidential Power?," 15 U. Pa. J. Const. L. 961 Should these statutes be adjusted (or new ones created) that give Congress additional AND in these areas - provide input would be useful in developing this understanding.
It’s the key future warfighting technology—the aff neuters the executive Chen ’12 Julia, "RESTORING CONSTITUTIONAL BALANCE: ACCOMMODATING THE EVOLUTION OF WAR," 53 B.C. L. Rev 1767 November, 2012 The use of technology, such as UAVs and cyber-warfare, which fall AND act against adversaries without having to negotiate the obstacle of congressional consultation. n321
a2: LOAC Solves escalation
Not in the case of terrorism – they don’t adhere to ILaw
We turn LOAC Abebe and Posner 11 DANIEL ABEBE 26 ERIC A. POSNER, Assistant Professor and Kirkland 26 Ellis Professor, University of Chicago Law School, Virginia Journal of International Law, 2011, "The Flaws of Foreign Affairs Legalism", Vol. 51, Issue 3, http://www.vjil.org/assets/pdfs/vol51/issue3/Abebe___Posner.pdf 2. The American Executive’s Contribution to International Law Let us now compare the judiciary’s AND the Senate to ensure that those treaties would not have domestic legal effect.
2.1 LACK OF A UNIVERSALLY ACCEPTED CYBERWARFARE LEXICON Anyone reading lay articles, AND members like China and Russia are relying upon an entirely different cyber language.
LOAC Fails
States will just manipulate the legal framework Jensen ’12 (Eric Talbot, J. Ruben Clark School of Law, Brigham Young University, "Applying a Sovereign Agency Theory of the Law of Armed Conflict," Chicago Journal of International Law12.2 (Winter 2012): 685-727)
Instead, states have tended to avoid the applicability of these Protocols to their conflicts AND but a few examples that highlight the manipulability of the conflict classification methodology. By dramatically restricting the number of conflicts to which its provisions would apply (protections AND effect of denying critical protections to victims in these types of armed conflicts. Furthermore, often no clear distinction exists between different types of armed conflict or between AND the existing classification scheme that determines the applicable law in a given situation. In the end, the bifurcated system has developed such that there is a danger AND are frequently "the subject of fierce controversy of a political nature."84
ALt Causes
5) Alt cause – disputes over terrorist status on drone strikes Margulies ’12 (Peter, Professor of Law, Roger Williams University, "The Fog of War Reform: Change and Structure in the Law of Armed Conflict After September 11," Marquette Law Review Vol. 95 Iss. 4 Summer 2012)
In the last forty years, the rise of non-state actors has prompted AND both unrealistic and risky for civilians whom the network plans to target.76 These debates have accelerated since September 11. Two opposing developments each reflected an effort AND planned a return to the fray. Each change threatened to destabilize LOAC.
Your decision should answer the resolutional question: Is the enactment of topical action better than the status quo or a competitive option?
"Resolved" before a colon reflects a legislative forum Army Officer School ’04 (5-12, "~23 12, Punctuation – The Colon and Semicolon", http://usawocc.army.mil/IMI/wg12.htm) The colon introduces the following: a. A list, but only after " AND with dock g. A formal resolution, after the word "resolved:" Resolved: (colon) That this council petition the mayor.
2. "USFG should" means the debate is solely about a policy established by governmental means Ericson ’03 (Jon M., Dean Emeritus of the College of Liberal Arts – California Polytechnic U., et al., The Debater’s Guide, Third Edition, p. 4) The Proposition of Policy: Urging Future Action In policy propositions, each topic contains AND compelling reasons for an audience to perform the future action that you propose.
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.
The concept of simulations as an aspect of higher education, or in the law AND full course at Georgetown Law. It has since gone through multiple iterations. The initial concept followed on the federal full-scale Top Official ("TopOff") exercises, used to train government officials to respond to domestic crises.165 It adapted a Tabletop Exercise, designed with the help of exercise officials at DHS and FEMA, to the law school environment. The Tabletop used one storyline to push on specific legal questions, as students, assigned roles in the discussion, sat around a table and for six hours engaged with the material. The problem with the Tabletop Exercise was that it was too static, and the AND focused on specific legal issues, even as it controlled for external chaos. The opportunity to provide a more full experience for the students came with the creation of first a one-day, and then a multi-day simulation. The course design and simulation continues to evolve. It offers a model for achieving the pedagogical goals outlined above, in the process developing a rigorous training ground for the next generation of national security lawyers.166 A. Course Design The central idea in structuring the NSL Sim 2.0 course was to bridge AND and legal education) and flexible (responsive to student input and decisionmaking). Perhaps the most significant weakness in the use of any constructed universe is the problem AND student decisions themselves must drive the evolution of events within the simulation.168 Additionally, while authenticity matters, it is worth noting that at some level the AND that would be much more difficult to do in a regular practice setting. NSL Sim 2.0 takes as its starting point the national security pedagogical goals discussed above. It works backwards to then engineer a classroom, cyber, and physical/simulation experience to delve into each of these areas. As a substantive matter, the course focuses on the constitutional, statutory, and regulatory authorities in national security law, placing particular focus on the interstices between black letter law and areas where the field is either unsettled or in flux. A key aspect of the course design is that it retains both the doctrinal and AND giving students the opportunity to develop depth and breadth prior to the exercise. In order to capture problems related to adaptation and evolution, addressing goal ~1 AND Law to build the cyber portal used for NSL Sim 2.0. The twin goals of adaptation and evolution require that students be given a significant amount AND execution of the play, further developing their understanding of national security law. Throughout the simulation, the Control Team is constantly reacting to student choices. When unexpected decisions are made, professors may choose to pursue the evolution of the story to accomplish the pedagogical aims, or they may choose to cut off play in that area (there are various devices for doing so, such as denying requests, sending materials to labs to be analyzed, drawing the players back into the main storylines, and leaking information to the media). A total immersion simulation involves a number of scenarios, as well as systemic noise AND but to embrace them as part of the challenge facing national security lawyers. The simulation itself is problem-based, giving players agency in driving the evolution AND , generating in turn a set of new issues that must be addressed. The written and oral components of the simulation conform to the fourth pedagogical goal – AND simulation – and to deliver a 90 second oral briefing after the session. To replicate the high-stakes political environment at issue in goals (1) AND many different considerations that decisionmakers take into account in the national security domain. Scenarios are selected with high consequence events in mind, to ensure that students recognize AND to emphasize the broader political context within which national security law is practiced. Both anticipated and unanticipated decisions give rise to ethical questions and matters related to the AND exercise itself hitting the aim of the integration of the various pedagogical goals. Finally, there are multiple layers of feedback that players receive prior to, during AND , while another Control Team member may reject a FISC application as insufficient. The simulation goes beyond this, however, focusing on teaching students how to develop AND uncertainty, tension with colleagues, mistakes, and successes in the future. B. Substantive Areas: Interstices and Threats As a substantive matter, NSL Sim 2.0 is designed to take account AND weapons and pandemic disease also come within the doctrinal part of the course. The simulation itself is based on five to six storylines reflecting the interstices between different areas of the law. The storylines are used to present a coherent, non-linear scenario that can adapt to student responses. Each scenario is mapped out in a three to seven page document, which is then checked with scientists, government officials, and area experts for consistency with how the scenario would likely unfold in real life. For the biological weapons and pandemic disease emphasis, for example, one narrative might AND through press releases, weather updates, private communications, and the like. The five to six storylines, prepared by the Control Team in consultation with experts AND , giving the Control Team a birds-eye view of the progression. C. How It Works As for the nuts and bolts of the simulation itself, it traditionally begins outside of class, in the evening, on the grounds that national security crises often occur at inconvenient times and may well involve limited sleep and competing demands.171 Typically, a phone call from a Control Team member posing in a role integral to one of the main storylines, initiates play. Students at this point have been assigned dedicated simulation email addresses and provided access to AND relevant student teams. The Control Team has access to the complete site. For the next two (or three) days, outside of student initiatives ( AND , or technology concerns, while setting the stage for the breaking crisis. The third (or fourth) day of play takes place entirely at Georgetown Law AND releases. Students use their own laptop computers for team decisions and communication. As the storylines unfold, the Control Team takes on a variety of roles, AND the simulation unfolded, and how the students performed in their various capacities. At the end of the day, the exercise terminates and an immediate hotwash is held, in which players are first debriefed on what occurred during the simulation. Because of the players’ divergent experiences and the different roles assigned to them, the students at this point are often unaware of the complete picture. The judges and formal observers then offer reflections on the simulation and determine which teams performed most effectively. Over the next few classes, more details about the simulation emerge, as students AND opportunities for learning in the future. The course then formally ends.172 Learning, however, continues beyond the temporal confines of the semester. Students who AND concerns. And it builds a strong community of individuals with common interests. CONCLUSION The legal academy has, of late, been swept up in concern about the AND both the expression of government authority and the effort to limit the same. The one-size fits all approach currently dominating the conversation in legal education, AND greater nuance in the discussion of the adequacy of the current pedagogical approach. With this approach in mind, I have here suggested six pedagogical goals for national AND to ensure that they will be most effective when they enter the field. The problem with the current structures in legal education is that they fall short, AND in other areas of experiential education, such as clinics and moot court. It is in an effort to address these concerns that I developed the simulation model AND undoubtedly necessary, it suggests one potential direction for the years to come.
Decision making—
Linking the ballot to a should question in combination with USFG simulation 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 AND the contingent outcomes and domain-specific processes of problem-based scenarios.
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, AND particular point of difference, which will be outlined in the following discussion.
Decisionmaking is the most portable and flexible skill—key to all facets of life and advocacy 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
In the spring of 2011, facing a legacy of problematic U.S, AND should be justified by good reasons based on accurate evidence and valid reasoning.
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 AND , 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 AND , and contemporary discontent is legitimated through a process of self-mystification.
1nc
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. AND 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 AND life and death, to resist the racist and heterosexist disavowal of finitude.
The alternative is to vote negative to endorse the politics of spectrality. This shatters the Hegelian dialectic of presence that sustains all violence against the abject. Peterson ’6 Christopher, "The Return of the Body: Judith Butler’s Dialectical Corporealism," Discourse, 28.2263, Spring 26 Fall 2006, pp. 153-177 (Article) Precarious Bodies
A return to ontology in Precarious Life is also legible in its tendency to reduce AND of spectrality through which the abjection of queers both emerges and is sustained.
DA
Drones solve safe havens – prevents a terror attack Johnston 12 (Patrick B. Johnston is an associate political scientist at the RAND Corporation, a nonprofit, nonpartisan research institution. He is the author of "Does Decapitation Work? Assessing the Effectiveness of Leadership Targeting in Counterinsurgency Campaigns," published in International Security (Spring 2012)., 8/22/2012, "Drone Strikes Keep Pressure on al-Qaida", www.rand.org/blog/2012/08/drone-strikes-keep-pressure-on-al-qaida.html)
Should the U.S. continue to strike at al-Qaida’s leadership with drone attacks? A recent poll shows that while most Americans approve of drone strikes, in 17 out of 20 countries, more than half of those surveyed disapprove of them. My study of leadership decapitation in 90 counter-insurgencies since the 1970s shows that when militant leaders are captured or killed militant attacks decrease, terrorist campaigns end sooner, and their outcomes tend to favor the government or third-party country, not the militants. Those opposed to drone strikes often cite the June 2009 one that targeted Pakistani Taliban AND cited drone strikes as a key motivation for his May 2010 attempted attack. Compared to manned aircraft, drones have some advantages as counter-insurgency tools, such as lower costs, longer endurance and the lack of a pilot to place in harm’s way and risk of capture. These characteristics can enable a more deliberative targeting process that serves to minimize unintentional casualties. But the weapons employed by drones are usually identical to those used via manned aircraft and can still kill civilians—creating enmity that breeds more terrorists. Yet many insurgents and terrorists have been taken off the battlefield by U.S. drones and special-operations forces. Besides Mehsud, the list includes Anwar al-Awlaki of al-Qaida in the Arabian Peninsula; al-Qaida deputy leader Abu Yahya al-Li-bi; and, of course, al-Qaida leader Osama bin Laden. Given that list, it is possible that the drone program has prevented numerous attacks by their potential followers, like Shazad. What does the removal of al-Qaida leadership mean for U.S. national security? Though many in al-Qaida’s senior leadership cadre remain, the historical record suggests that "decapitation" will likely weaken the organization and could cripple its ability to conduct major attacks on the U.S. homeland. Killing terrorist leaders is not necessarily a knockout blow, but can make it harder for terrorists to attack the U.S. Members of al-Qaida’s central leadership, once safely amassed in northwestern Pakistan while America shifted its focus to Iraq, have been killed, captured, forced underground or scattered to various locations with little ability to communicate or move securely. Recently declassified correspondence seized in the bin Laden raid shows that the relentless pressure from the drone campaign on al-Qaida in Pakistan led bin Laden to advise al-Qaida operatives to leave Pakistan’s Tribal Areas as no longer safe. Bin Laden’s letters show that U.S. counterterrorism actions, which had forced him into self-imposed exile, had made running the organization not only more risky, but also more difficult. As al-Qaida members trickle out of Pakistan and seek sanctuary elsewhere, the U.S. military is ramping up its counterterrorism operations in Somalia and Yemen, while continuing its drone campaign in Pakistan. Despite its controversial nature, the U.S. counter-terrorism strategy has demonstrated a degree of effectiveness. The Obama administration is committed to reducing the size of the U.S. military’s footprint overseas by relying on drones, special operations forces, and other intelligence capabilities. These methods have made it more difficult for al-Qaida remnants to reconstitute a new safe haven, as Osama bin Laden did in Afghanistan in 1996, after his ouster from Sudan.
Drones are operationally effective and alternatives are worse Byman 13 (Daniel Byman, Brookings Institute Saban Center for Middle East Policy, Research Director, and Foreign Policy, Senior Fellow, July/Aug 2013, "Why Drones Work: The Case for the Washington’s Weapon of Choice", www.brookings.edu/research/articles/2013/06/17-drones-obama-weapon-choice-us-counterterrorism-byman)
Despite President Barack Obama’s recent call to reduce the United States’ reliance on drones, AND indiscriminately bomb civilian areas or use scorched-earth tactics against militant groups.
The impact is US-Russia miscalc—extinction Barrett et al. 13—PhD in Engineering and Public Policy from Carnegie Mellon AND and Nonproliferation Initiatives, Volume 21, Issue 2, Taylor 26 Francis)
War involving significant fractions of the U.S. and Russian nuclear arsenals, AND making one or both nations more likely to misinterpret events as attacks. 16
What we call terrorists may not matter very much, but a restriction on what AND get to the truth, let’s hope that we can also find peace.
Case
Baudrillard is wrong –
a) Objective knowledge is possible Sayer 93, Department of Sociology, Lancaster University, (Andrew, "POSTMODERNIST THOUGHT IN GEOGRAPHY: A REALIST VIEW," Antipode 25:4, pp. 320-344)
The notion of absolute truth is clearly highly problematic. It is not only that AND representation of the real, and instead is purely a matter of convention. I shall argue that while the notion of absolute truth (or falsity) is untenable, especially where truth and falsity are seen as categorical opposites, we cannot afford to do without some kind of differentiation between the representational and practice-guiding capabilities of discourses. Thus the rejection of notions of absolute truth need not stop us differentiating between statements such as:
No-one died in the Gulf War. 2. Thousands died in the Gulf War. Nor need we reduce the warrant for such statements to pure agreement or power. AND , or equally practicallyhdequate. (I will give a social example shortly.) A common and older response to our inability to claim absolute truth for any beliefs AND a point, they "worked in practice; they could be objectified. In order to understand the implications of the subjective side of knowledge, it is AND ?; are we not interested in getting an objective2 understanding of people’s subjectivityl? Sometimes the writer’s subjectivityl can be a hindrance, particularly where it is unacknowledged, AND as Haraway have shown, the a posteriori question is well worth pursuing. Whatever is accepted as true is obviously in one sense conventional, but that does AND than others because their relationship to the structures of the world is different. So fallibilism provides no warrant for the idea that our beliefs are unconstrained, and AND control of language, there is always slippage and scope for alternative readings.
Events in Libya are a further reminder for Americans that we stand at a crossroads AND a profound and persistent reduction in battle deaths from state-based conflicts.
The first criterion that springs to mind regarding the value of life is usually the AND would simplify decisions about the value of a life based on its quality.
Their conception of violence is reductive and can’t be solved Boulding 77 Twelve Friendly Quarrels with Johan Galtung Author(s): Kenneth E. BouldingReviewed work(s):Source: Journal of Peace Research, Vol. 14, No. 1 (1977), pp. 75-86Published Kenneth Ewart Boulding (January 18, 1910 – March 18, 1993) was an economist, educator, peace activist, poet, religious mystic, devoted Quaker, systems scientist, and interdisciplinary philosopher.~1~~2~ He was cofounder of General Systems Theory and founder of numerous ongoing intellectual projects in economics and social science. He graduated from Oxford University, and was granted United States citizenship in 1948. During the years 1949 to 1967, he was a faculty member of the University of Michigan. In 1967, he joined the faculty of the University of Colorado at Boulder, where he remained until his retirement.
Finally, we come to the great Galtung metaphors of ’structural violence’ ’and ’positive AND it may have d’one a disservice in preventing us from finding the answer.
Quality of life is skyrocketing worldwide by all measures Ridley, visiting professor at Cold Spring Harbor Laboratory, former science editor of The Economist, and award-winning science writer, 2010 (Matt, The Rational Optimist, pg. 13-15) If my fictional family is not to your taste, perhaps you prefer statistics. AND was reduced more in the last fifty years than in the previous 500.
Diagnosis of problems in our methodology fails in the absence of a positive alternative. Only PRAGMATIC POLICY options can break this deadlock Varisco 7 Reading orientalism: said and the unsaid (Google eBook) Dr. Daniel Martin Varisco is chair of anthropology and director of Middle Eastern and Central Asia studies at Hofstra University. He is fluent in Arabic and has lived in the Middle East (Yemen, Egypt, Qatar) for over 5 years since 1978. He has done fieldwork in Yemen, Egypt, Qatar, U.A.E. and Guatemala.
In sum, the essential argument of Orientalism is that a pervasive and endemic AND sound scholarship of the real Orient that Said so passionately tried to defend.
Epistemology first is morally bankrupt in this instance – it allows violence to go unstopped Jean Bethke Elshtain, Laura Spelman Rockefeller Professor of Social and Political Ethics, Divinity School, The University of Chicago, with appointments in Political Science and the Committee on International Relations, August 2008, Response to Tom Farer’s "Un-just War Against Terrorism and the Struggle to Appropriate Human Rights", Human Rights Quarterly Volume 30, Number 3
This section is devoted to what might be called a quasi-conspiracy theory. AND 9/11 attackers were educated and middle-class—and Europeanized. III. This is the most sober and compelling section of Farer’s essay and well AND of NATO. Whether NATO constitutes such legitimate authority poses an interesting question. But, once again, Farer turns himself into a mind reader and argues that AND only suggest that the fair-minded reader look to it. IV. In this final section, Farer says things that are unfair and quite offensive. AND and regimes that systematically brutalize their own people: I do despise them. There is no time to go over the history of the Cold War and the AND Muslim Arab intellectuals would care to be involved with people who hate them. In his conclusion, Farer underscores that Israel is brutal, the United States is AND come to their own judgments in this matter. ~End Page 766~
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Engaging the law through in-depth debate is critical to solve their impacts Harris, professor of law – UC Berkeley, ’94 (Angela P., 82 Calif. L. Rev. 741)
CRT has taken up this method of internal critique. Like the crits, race AND not to topple the Enlightenment, but to make its promises real. n66
While this ballot has meandered off on a tangent I’ll take this opportunity to comment AND debate that is foreign to what I think happens in a debate round.
Analysis of policy is particularly empowering, even if we’re not the USFG Shulock 99 Nancy, PROFESSOR OF PUBLIC POLICY —- professor of Public Policy and Administration and director of the Institute for Higher Education Leadership 26 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 changes is necessary. As interesting as AND , can reshape the policy landscape. Policy analysis can supply the ideas.
2nc at case da—short
Topical version of the aff solves: affirm your savagery in response to some usfg action 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
V. RESTORING CRITICAL OPTIMISM IN THE LEGAL FIELD "La critique est aisée; l’art difficile." A critique of cooptation often takes an uneasy path. Critique has always been and AND constantly redefining the boundaries of legal reform and making visible law’s broad reach.
Andrew Mack and his colleagues at the Human Security Report Project are to be congratulated AND if all is going to be well, what need then for us? Our colleagues at Simon Fraser University are brave indeed. That may sound like a AND academic debates, this might get mildly theoretical and even more mildly methodological. Concerning international wars, one version of the "nuclear-peace" theory is not in fact laid to rest by the data. It is certainly true that nuclear-armed states have been involved in many wars. They have even been attacked (think of Israel), which falsifies the simple claim of "assured destruction"—that any nuclear country A will deter any kind of attack by any country B because B fears a retaliatory nuclear strike from A. But the most important "nuclear-peace" claim has been about mutually assured AND that states with a second-strike capability will not fight one another. Their colossal atomic arsenals neither kept the United States at peace with North Vietnam during AND War III, and little about the wisdom of banning the Bomb now. Regarding the downward trend in international war, Professor Mack is friendlier to more palatable AND superpower support for rival rebel factions in so many Third-World countries). These are all plausible mechanisms for peace. What is more, none of them AND and whether both might support international cooperation, including to end civil wars. We would still need to explain how this charmed circle of causes got started, however. And here let me raise another factor, perhaps even less appealing than the "nuclear peace" thesis, at least outside of the United States. That factor is what international relations scholars call hegemony—specifically American hegemony. A theory that many regard as discredited, but that refuses to go away, AND been good for the world that the United States has been so predominant. There is no obvious reason why hegemonic stability theory could not apply to other areas of international cooperation, including in security affairs, human rights, international law, peacekeeping (UN or otherwise), and so on. What I want to suggest here—suggest, not test—is that American hegemony might just be a deep cause of the steady decline of political deaths in the world. How could that be? After all, the report states that United States is the third most war-prone country since 1945. Many of the deaths depicted in Figure 10.4 were in wars that involved the United States (the Vietnam War being the leading one). Notwithstanding politicians’ claims to the contrary, a candid look at U.S. foreign policy reveals that the country is as ruthlessly self-interested as any other great power in history. The answer is that U.S. hegemony might just be a deeper cause AND War most of its allies accepted some degree of market-driven growth. Second, the U.S.-led western victory in the Cold War damaged AND in part by the emergence of the United States as the global hegemon. The same case can be made, with somewhat more difficulty, concerning the spread AND U.S. material and moral support for liberal democracy remains strong.
You should choose not to believe their impacts – psychology privileges the argument that the world is getting worse – but it’s conclusively not Steven Pinker 11, professor of psychology at Harvard, The Better Angels of our Nature, October, googlebooks
This book is about what may be the most important thing that has ever happened AND there could be anything good about civilization, modernity, and Western society.
But perhaps the main cause of the illusion of ever-present violence springs from AND terms of psychology and history: how human minds deal with changing circumstances.
1NR
DA
The aff jeopardizes warfighting and undermines determination Eyago 05 Political Commentary – Sound Politics Reporter ~7/8, http://www.soundpolitics.com/archives/004721.html, Sound Commentary on Current Events in Seattle, Puget Sound and Washington State~
Finally, I am angry at those who undermine our efforts to conduct this war AND our public leaders. What they do for political gain is completely unconscionable.
Terrorists aren’t heroes. They are murderers, they aren’t having discursive discussions about their reps – neither should we Peters 04 Former Lieutenant Colonel in the US Army, Author ~Ralph "In Praise of Attrition" Parameters, Spring, p 24-32 (http://www.carlisle.army.mil/USAWC/parameters/04summer/peters.htm)~~
Trust me. We don’t need discourses. We need plain talk, honest answers AND to pretend you’re not in one while your enemy keeps on killing you.
Since sovereign violence can’t be eradicated, using American primacy as a means to reduce violence is the most moral option and the only effective one Elshtain 7 (Jean Bethke, Prof. Social and Politics Ethics – U. Chicago, and Chair in Foundations of American Freedom – Georgetown U., Studies in Christian Ethics, "Against the New Utopianism", 20:1, Ebsco)
Neo-Kantianism, of whatever stripe, is rather a far cry from arguments AND a measure of hopefulness within his arguments concerning political life and order.
Case
Categorically embracing the terrorist is an epistemologically flawed method – they preclude the possibility of some terrorists being objectively evil Dershowitz, 2003 (Alan, Professor of Criminal Law at Rights at Harvard Law School, Why Terrorism Works: Understanding the Treat, Responding to the Challenge, p. 24-25)
The current mantra of those opposed to a military response to terrorism is a plea AND —whether those ends are legitimate, illegitimate, or anything in between.
The data is clear – all measures of life are improving – even in the world’s poorest countries Gates, chairman of the Bill 26 Melinda Gates Foundation, 2011 (Bill, Foreword to Getting Better by Charles Kenny, searchable Kindle Edition) Getting Better dispels the gloom and doom with a wealth of convincing data on the AND than doubled since 1970. Political and civil rights also have gained ground.
Their predictions ignore progress – projecting the present onto the future is a failed strategy Ridley, visiting professor at Cold Spring Harbor Laboratory, former science editor of The Economist, and award-winning science writer, 2010 (Matt, The Rational Optimist, pg. 354) It is a common trick to forecast the future on the assumption of no technological change, and find it dire. This is not wrong. The future would indeed be dire if invention and discovery ceased
. As Paul Romer puts it: ’Every generation has perceived the limits to AND and not adopting new ideas, can itself be both dangerous and immoral.
Your decision should answer the resolutional question: Is the enactment of topical action better than the status quo or a competitive option?
"Resolved" before a colon reflects a legislative forum Army Officer School ’04 (5-12, "~23 12, Punctuation – The Colon and Semicolon", http://usawocc.army.mil/IMI/wg12.htm) The colon introduces the following: a. A list, but only after " AND with dock g. A formal resolution, after the word "resolved:" Resolved: (colon) That this council petition the mayor.
2. "USFG should" means the debate is solely about a policy established by governmental means Ericson ’03 (Jon M., Dean Emeritus of the College of Liberal Arts – California Polytechnic U., et al., The Debater’s Guide, Third Edition, p. 4) The Proposition of Policy: Urging Future Action In policy propositions, each topic contains AND compelling reasons for an audience to perform the future action that you propose.
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.
The concept of simulations as an aspect of higher education, or in the law AND full course at Georgetown Law. It has since gone through multiple iterations. The initial concept followed on the federal full-scale Top Official ("TopOff") exercises, used to train government officials to respond to domestic crises.165 It adapted a Tabletop Exercise, designed with the help of exercise officials at DHS and FEMA, to the law school environment. The Tabletop used one storyline to push on specific legal questions, as students, assigned roles in the discussion, sat around a table and for six hours engaged with the material. The problem with the Tabletop Exercise was that it was too static, and the AND focused on specific legal issues, even as it controlled for external chaos. The opportunity to provide a more full experience for the students came with the creation of first a one-day, and then a multi-day simulation. The course design and simulation continues to evolve. It offers a model for achieving the pedagogical goals outlined above, in the process developing a rigorous training ground for the next generation of national security lawyers.166 A. Course Design The central idea in structuring the NSL Sim 2.0 course was to bridge AND and legal education) and flexible (responsive to student input and decisionmaking). Perhaps the most significant weakness in the use of any constructed universe is the problem AND student decisions themselves must drive the evolution of events within the simulation.168 Additionally, while authenticity matters, it is worth noting that at some level the AND that would be much more difficult to do in a regular practice setting. NSL Sim 2.0 takes as its starting point the national security pedagogical goals discussed above. It works backwards to then engineer a classroom, cyber, and physical/simulation experience to delve into each of these areas. As a substantive matter, the course focuses on the constitutional, statutory, and regulatory authorities in national security law, placing particular focus on the interstices between black letter law and areas where the field is either unsettled or in flux. A key aspect of the course design is that it retains both the doctrinal and AND giving students the opportunity to develop depth and breadth prior to the exercise. In order to capture problems related to adaptation and evolution, addressing goal ~1 AND Law to build the cyber portal used for NSL Sim 2.0. The twin goals of adaptation and evolution require that students be given a significant amount AND execution of the play, further developing their understanding of national security law. Throughout the simulation, the Control Team is constantly reacting to student choices. When unexpected decisions are made, professors may choose to pursue the evolution of the story to accomplish the pedagogical aims, or they may choose to cut off play in that area (there are various devices for doing so, such as denying requests, sending materials to labs to be analyzed, drawing the players back into the main storylines, and leaking information to the media). A total immersion simulation involves a number of scenarios, as well as systemic noise AND but to embrace them as part of the challenge facing national security lawyers. The simulation itself is problem-based, giving players agency in driving the evolution AND , generating in turn a set of new issues that must be addressed. The written and oral components of the simulation conform to the fourth pedagogical goal – AND simulation – and to deliver a 90 second oral briefing after the session. To replicate the high-stakes political environment at issue in goals (1) AND many different considerations that decisionmakers take into account in the national security domain. Scenarios are selected with high consequence events in mind, to ensure that students recognize AND to emphasize the broader political context within which national security law is practiced. Both anticipated and unanticipated decisions give rise to ethical questions and matters related to the AND exercise itself hitting the aim of the integration of the various pedagogical goals. Finally, there are multiple layers of feedback that players receive prior to, during AND , while another Control Team member may reject a FISC application as insufficient. The simulation goes beyond this, however, focusing on teaching students how to develop AND uncertainty, tension with colleagues, mistakes, and successes in the future. B. Substantive Areas: Interstices and Threats As a substantive matter, NSL Sim 2.0 is designed to take account AND weapons and pandemic disease also come within the doctrinal part of the course. The simulation itself is based on five to six storylines reflecting the interstices between different areas of the law. The storylines are used to present a coherent, non-linear scenario that can adapt to student responses. Each scenario is mapped out in a three to seven page document, which is then checked with scientists, government officials, and area experts for consistency with how the scenario would likely unfold in real life. For the biological weapons and pandemic disease emphasis, for example, one narrative might AND through press releases, weather updates, private communications, and the like. The five to six storylines, prepared by the Control Team in consultation with experts AND , giving the Control Team a birds-eye view of the progression. C. How It Works As for the nuts and bolts of the simulation itself, it traditionally begins outside of class, in the evening, on the grounds that national security crises often occur at inconvenient times and may well involve limited sleep and competing demands.171 Typically, a phone call from a Control Team member posing in a role integral to one of the main storylines, initiates play. Students at this point have been assigned dedicated simulation email addresses and provided access to AND relevant student teams. The Control Team has access to the complete site. For the next two (or three) days, outside of student initiatives ( AND , or technology concerns, while setting the stage for the breaking crisis. The third (or fourth) day of play takes place entirely at Georgetown Law AND releases. Students use their own laptop computers for team decisions and communication. As the storylines unfold, the Control Team takes on a variety of roles, AND the simulation unfolded, and how the students performed in their various capacities. At the end of the day, the exercise terminates and an immediate hotwash is held, in which players are first debriefed on what occurred during the simulation. Because of the players’ divergent experiences and the different roles assigned to them, the students at this point are often unaware of the complete picture. The judges and formal observers then offer reflections on the simulation and determine which teams performed most effectively. Over the next few classes, more details about the simulation emerge, as students AND opportunities for learning in the future. The course then formally ends.172 Learning, however, continues beyond the temporal confines of the semester. Students who AND concerns. And it builds a strong community of individuals with common interests. CONCLUSION The legal academy has, of late, been swept up in concern about the AND both the expression of government authority and the effort to limit the same. The one-size fits all approach currently dominating the conversation in legal education, AND greater nuance in the discussion of the adequacy of the current pedagogical approach. With this approach in mind, I have here suggested six pedagogical goals for national AND to ensure that they will be most effective when they enter the field. The problem with the current structures in legal education is that they fall short, AND in other areas of experiential education, such as clinics and moot court. It is in an effort to address these concerns that I developed the simulation model AND undoubtedly necessary, it suggests one potential direction for the years to come.
Decision making—
Linking the ballot to a should question in combination with USFG simulation 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 AND the contingent outcomes and domain-specific processes of problem-based scenarios.
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, AND particular point of difference, which will be outlined in the following discussion.
Decisionmaking is the most portable and flexible skill—key to all facets of life and advocacy 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
In the spring of 2011, facing a legacy of problematic U.S, AND should be justified by good reasons based on accurate evidence and valid reasoning.
Legal engagement is good—
Engaging the law through in-depth debate is critical to solve their impacts Harris, professor of law – UC Berkeley, ’94 (Angela P., 82 Calif. L. Rev. 741)
CRT has taken up this method of internal critique. Like the crits, race AND not to topple the Enlightenment, but to make its promises real. n66
Argument and clash are possible despite different subject positions—a starting point of engagement is critical to reconcile identities with methods of change Anderson 6 Amanda, Andrew W. Mellon Professor of Humanities and English at Brown University, Spring 2006, "Reply to My Critic(s)," Criticism, Vol. 48, No. 2, p. 281-290
MY RECENT BOOK, The Way We Argue Now, has in a sense two AND generality, to finding a way to live together under conditions of difference.
off 2
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. AND that very tradition that deconstruction has made it its mission to displace.11
The alternative is to vote negative to endorse the politics of spectrality. This shatters the Hegelian dialectic of presence that sustains all violence against the abject. Peterson ’6 Christopher, "The Return of the Body: Judith Butler’s Dialectical Corporealism," Discourse, 28.2263, Spring 26 Fall 2006, pp. 153-177 (Article) Precarious Bodies
A return to ontology in Precarious Life is also legible in its tendency to reduce AND of spectrality through which the abjection of queers both emerges and is sustained.
off 3
The 1AC’s combines music and text by narrating poetry over an instrumental soundtrack— this is in contrast to absolute music, free of text— Kivy, professor of philosophy at Rutgers University, 2009 (Peter, Antithetical Arts, pg. 23) Even though, with the benefit of hindsight, Wackenroder’s characterization of the purely musical AND of music, free of text, as an art form at all.
Absolute music is of intrinsic worth beyond price – its value and exaltation is its own defense Kivy, professor of philosophy at Rutgers University, 2009 (Peter, Antithetical Arts, pg. 259-260) My defense is simplicity itself. The feeling of ecstasy, exaltation, passionate enthusiasm AND not just depend on the desirability of any resultant actions or their consequences." The experience of absolute music, as above described, needs no defense or is AND pleasure is the one who has been on both sides of the tracks.
Our alternative is the music and the poems but separate in time – it is the content of the 1AC, but the music stands on its own, inexpressible – opening radical opportunities for resistance and protest Bauer, professor at McGill University, 1999 (Adorno’s Nietzschean Narratives, pg. 201-202) In the essay. the concepts form configurations independently of a static framework; the AND subjectivity in a world increasingly dominated by mechanisms which threaten to abolish it." Without the essay, a critique of ideology would be unthinkable, because this form AND in the assertion that the inner law of the essay is "heresy."
case
There is demonstrable progress in racial inequality—this is not to say that everything is perfect by any means, but it does prove that pragmatic change is possible within the current system Feldscher, Harvard School of Public Health, 9/19/’13 (Karen, "Progress, but challenges in reducing racial disparities," http://www.hsph.harvard.edu/news/features/progress-but-challenges-in-reducing-racial-disparities/)
September 19, 2013 — Disparities between blacks and whites in the U.S AND connect with black students at earlier ages to steer them toward positive choices.
Progressivism is possible, and it depends on effective decision-making, so T turns the case Clark, professor of law – Catholic University, ’95 (Leroy D., 73 Denv. U.L. Rev. 23)
I must now address the thesis that there has been no evolutionary progress for blacks AND of progress,’ short-lived victories that slide into irrelevance." n51 Progress toward reducing racial discrimination and subordination has never been "automatic," if that AND occurred in the international arena, and were not exclusively under American control. With these qualifications, and a long view of history, blacks and their white allies achieved two profound and qualitatively different leaps forward toward the goal of equality: the end of slavery, and the Civil Rights Act of 1964. Moreover, despite open and, lately, covert resistance, black progress has never been shoved back, in a qualitative sense, to the powerlessness and abuse of periods preceding these leaps forward. n52
The aff’s claim state engagement is impossible destroys progressivism and re-entrenches racism—we can acknowledge every problem with the status quo, but adopt a pragmatic orientation towards solutions Clark, professor of law – Catholic University, ’95 (Leroy D., 73 Denv. U.L. Rev. 23)
A Final Word Despite Professor Bell’s prophecy of doom, I believe he would like to have his AND , which will easily garner attention from a controversy-hungry media. n147 It is much harder to exercise imagination to create viable strategies for change. n148 Professor Bell sensed the despair that the average—especially average black—reader would experience, so he put forth rhetoric urging an "unremitting struggle that leaves no room for giving up." n149 His contention is ultimately hollow, given the total sweep of his work. At some point it becomes dysfunctional to refuse giving any credit to the very positive AND and perplexity. No bridges are built—only righteousness is being sold. A people, black or white, are capable only to the extent they believe AND . was his capacity to "dream" us toward a better place.
No social death – history proves Vincent Brown, Prof. of History and African and African-American Studies @ Harvard Univ., December 2009, "Social Death and Political Life in the Study of Slavery," American Historical Review, p. 1231-1249
THE PREMISE OF ORLANDO PATTERSON’S MAJOR WORK, that enslaved Africans were natally alienated and AND social personhood, or identity, and of resistance to slavery itself. 35 Scholars of slave resistance have never had much use for the concept of social death AND had arrived in the Americas bearing much more than their "tropical temperament." The cultural continuity and resistance schools of thought come together pow- erfully in an AND of becoming ’African American’ in culture, orientation, and identity."40
Afrofuturism reifies whiteness and black inferiority J. Griffith Rollefson, 2008, The "Robot Voodoo Power" Thesis: Afrofuturism and Anti-Anti-Essentialism from Sun Ra to Kool Keith, Black Music Research Journal Vol. 28, No. 1,
Since the term "Afrofuturism" first appeared, scholars have seized upon the idea AND reification of black inferiority through simple contrast with supposed "white" technologies.
Metaphor risks misreading and cannot be understood universally, preventing action Booth 74 (Booth, Wayne C., professor emeritus of literature at the University of Chicago, "A Rhetoric Of Irony", p. 40-41) FS As we have seen (pp. 21-27), all non-literal AND . After all, I built this superior dwelling place "for myself."
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Engaging the law is key to transforming racist structures—our vision of inclusive debate incorporating policy reform doesn’t rely on a rationalist subjectivity, it doesn’t exclude alternative models of knowledge production, and it’s uniquely liberatory Harris, professor of law – UC Berkeley, ’94 (Angela P., 82 Calif. L. Rev. 741)
Reacting to the nihilist threat, some writers have argued that postmodernism is antithetical to AND The third step is the work of transforming existing jurisprudence and political theory.
2nc at case da—short
Topical version of the aff solves 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
V. RESTORING CRITICAL OPTIMISM IN THE LEGAL FIELD "La critique est aisée; l’art difficile." A critique of cooptation often takes an uneasy path. Critique has always been and AND constantly redefining the boundaries of legal reform and making visible law’s broad reach.
While this ballot has meandered off on a tangent I’ll take this opportunity to comment AND debate that is foreign to what I think happens in a debate round.
Analysis of policy is particularly empowering, even if we’re not the USFG Shulock 99 Nancy, PROFESSOR OF PUBLIC POLICY —- professor of Public Policy and Administration and director of the Institute for Higher Education Leadership 26 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 changes is necessary. As interesting as AND , can reshape the policy landscape. Policy analysis can supply the ideas.
at: case
DA==
Decisionmaking is the only impact unique to debate—-you can learn anything else from books or discussions—only separate decisionmaking education makes all other education more valuable Arvai et al, professor – School of Natural Resources @ The Ohio State University, ’4 (Joseph L, "Teaching Students to Make Better Decisions About the Environment: Lessons From the Decision Sciences," Journal of Environmental Education, Vol. 36, No. 1, June)
How do we achieve this goal of facilitating more thoughtful decisions? One strategy involves AND overcome them. These obstacles and skills are the focus of this article.
1NR
K extensions
The 1AC’s combines music and text by narrating poetry over an instrumental soundtrack— this is in contrast to absolute music, free of text— Kivy, professor of philosophy at Rutgers University, 2009 (Peter, Antithetical Arts, pg. 23) Even though, with the benefit of hindsight, Wackenroder’s characterization of the purely musical AND of music, free of text, as an art form at all.
Absolute music is of intrinsic worth beyond price – its value and exaltation is its own defense Kivy, professor of philosophy at Rutgers University, 2009 (Peter, Antithetical Arts, pg. 259-260) My defense is simplicity itself. The feeling of ecstasy, exaltation, passionate enthusiasm AND not just depend on the desirability of any resultant actions or their consequences." The experience of absolute music, as above described, needs no defense or is AND pleasure is the one who has been on both sides of the tracks.
Our alternative is the music and the poems but separate in time – it is the content of the 1AC, but the music stands on its own, inexpressible – opening radical opportunities for resistance and protest Bauer, professor at McGill University, 1999 (Adorno’s Nietzschean Narratives, pg. 201-202) In the essay. the concepts form configurations independently of a static framework; the AND subjectivity in a world increasingly dominated by mechanisms which threaten to abolish it." Without the essay, a critique of ideology would be unthinkable, because this form AND in the assertion that the inner law of the essay is "heresy."
Case
Afrofuturism reifies whiteness and black inferiority J. Griffith Rollefson, 2008, The "Robot Voodoo Power" Thesis: Afrofuturism and Anti-Anti-Essentialism from Sun Ra to Kool Keith, Black Music Research Journal Vol. 28, No. 1,
Since the term "Afrofuturism" first appeared, scholars have seized upon the idea AND reification of black inferiority through simple contrast with supposed "white" technologies.
Metaphor risks misreading and cannot be understood universally, preventing action Booth 74 (Booth, Wayne C., professor emeritus of literature at the University of Chicago, "A Rhetoric Of Irony", p. 40-41) FS As we have seen (pp. 21-27), all non-literal AND . After all, I built this superior dwelling place "for myself."
We are not responsible for every evil perpetuated by individuals representing western culture – their argument breeds racism because it is the essence of cultural stereotyping Berliner, 1999 (Michael, PhD and Former Executive Director of the Ayn Rand Institute, "The Christopher Columbus Controversy," http://www.aynrand.org/site/PageServer?pagename=objectivism_columbus)
Underlying the political collectivism of the anti-Columbus crowd is a racist view of AND the ultimate value of Western civilization, and it should be proudly proclaimed.
"The West" is not a monolith that can be rejected as a whole. The left condemns itself political irrelevancy when they refuse to recognize differences between policies. Wolin, 06 (The Seduction of Unreason: The Intellectual Romance with Fascism from Nietzsche to Postmodernism, Richard Wolin, Professor of History and Comparative Literature at the Graduate Center, City University).
With a self defeating Nietzschean glibness, postmodernism has burned its bridges to a traditional AND judgment, destroys its own credibility, and guarantees its own political irrelevance.
Their predictions ignore progress – projecting the present onto the future is a failed strategy Ridley, visiting professor at Cold Spring Harbor Laboratory, former science editor of The Economist, and award-winning science writer, 2010 (Matt, The Rational Optimist, pg. 354) It is a common trick to forecast the future on the assumption of no technological change, and find it dire. This is not wrong. The future would indeed be dire if invention and discovery ceased
. As Paul Romer puts it: ’Every generation has perceived the limits to AND and not adopting new ideas, can itself be both dangerous and immoral.
Western historical approaches might not be perfect but that doesn’t mean we should just throw it out and start over Boghossian, 1996 (Paul A., professor of philosophy and chair of the department at the New York University, "What the Sokal Hoax ought to teach us", A House Built on Sand: Exposing Postmodernist Myths about Science, edited by Noretta Koertge,)
How does it fare when considered as a claim about evidence or justification? So AND deep issues about the objectivity of what either of us said or did.
Pragmatism is good - ideas without mechanisms are meaningless self-delusion Jones and Smith 11 2011 (David Martin, Senior Lecturer, School of Political Science and International Studies, University of Queensland, Brisbane, Australia, M.L.R., Department of War Studies, King’s College, University of London, London, United Kingdom, "Terrorology and Methodology: A Reply to Dixit and Stump," Studies in Conflict 26 Terrorism, Volume 34, issue 6) Dixit and Stump further contend that effective critical terrorism research should be advanced by redefining AND the same Western campuses that permit their ideas and illiberal practices to flourish.
Destructive genealogy pre-configures the terms of debate and destroys radical potential – only incorporating the baggage of the plan allows resistance Lewandowski, political theory – Charles University, ’94 (Joseph, Philosophy and Social Criticism 20:109, Review Essay)
While the attempt to make literary theory critical in this innovative union of Heidegger and AND of American imperialism in Vietnam (and elsewhere) in Heidegger and Criticism.
Potentially stronger criticisms of Giroux’s text lie precisely in his underlying hypothesis concerning the totalising AND or certain. Giroux’s preferred form of resistance is radical education. The photograp
hs from Abu Ghraib were iconic not just in their encapsulation of proto-fascism AND or fails to measure up to the ’educators’ standard of critical evaluation.
at: delgado
Legal engagement is good—any alternative fails to produce substantive change Delgado, professor of law – UC Davis, ’87 (Richard, 22 Harv. C.R.-C.L. L. Rev. 301)
The CLS critique of rights and rules is the most problematic aspect of the CLS AND disagreement on our part false consciousness 37 or a lack of political sophistication.
1/18/14
Navy Round 7
Tournament: Navy | Round: 7 | Opponent: James Madison Bosley-Miller | Judge: Poapst
1NC
Off
The aff decimates Presidential war powers—it’s a key issue. Horowitz ’13 Colby, Fordham Law Review, "CREATING A MORE MEANINGFUL DETENTION STATUTE: LESSONS LEARNED FROM HEDGES V. OBAMA," 81 Fordham L. Rev. 2853
On December 31, 2011, President Obama signed into law the National Defense Authorization AND present numerous constitutional questions that the courts will inevitably have to resolve." n109
It spills over to destabilize all presidential war powers. Heder ’10 (Adam, J.D., magna cum laude , J. Reuben Clark Law School, Brigham Young University, "THE POWER TO END WAR: THE EXTENT AND LIMITS OF CONGRESSIONAL POWER," St. Mary’s Law Journal Vol. 41 No. 3, http://www.stmaryslawjournal.org/pdfs/Hederreadytogo.pdf) This constitutional silence invokes Justice Rehnquist’s oftquoted language from the landmark "political question" AND Constitution in an area where the Framers themselves declined to give such guidance.
Extinction from nuclear war and bioterror 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. 26 Pub. Pol’y 373 2009 WAR POWERS IN THE FOURTH GENERATION OF WARFARE A. The Emergence of Non-State Actors Even as the quantity of nation-states in the world has increased dramatically since AND and action necessary to prevail in fourth-generational conflicts against fourthgenerational opponents.
Bioterror causes extinction Mhyrvold ’13 Nathan, Began college at age 14, BS and Masters from UCLA, Masters and PhD, Princeton "Strategic Terrorism: A Call to Action," Working Draft, The Lawfare Research Paper Series Research paper NO . 2 – 2013
As horrible as this would be, such a pandemic is by no means the AND be available to anybody with a solid background in biology, terrorists included.
Off
The United States Federal Judiciary should rule the Executive lacks authority to indefinitely detain individuals without release or a civilian trial. Solves the case Aya Gruber, Associate Professor of Law, Florida International University College of Law, J.D., Harvard Law School, B.A., U.C. Berkeley, 07 ~"Who’s Afraid of Geneva Law?" Arizona State Law Journal, Winter, 2007, 39 Ariz. St. L.J. 1017~
Internationalists and civil libertarians have widely praised Hamdi and Hamdan for creating a new era AND Court to be an international team player rather than a "lone ranger."
Off
The plan decimates global adherence to LOAC—firmly supporting executive detention authority is key to enforcing the laws of war Bialke, 4 (Lt. Colonel, MA 26 JD-University of North Dakota, LLM-University of Iowa, "Al-Qaeda 26 Taliban Unlawful Combatant Detainees, Unlawful Belligerency, and the International Laws of Armed Conflict," 55 A.F. L. Rev. 1, Lexis)
International Obligations 26 Responsibilities and the International Rule of Law The United States (U.S.) is currently detaining several hundred al- AND -Qaeda and Taliban detainees in furtherance of both domestic and international security.
LOAC collapse causes nuclear war Delahunty, associate prof – U St. Thomas Law, and Yoo, law prof – UC Berkeley, ’10 (Robert and John, 59 DePaul L. Rev. 803)
Finally, the extension of IHRL to armed conflict may have significant consequences for the AND would be to adapt the legal system already specifically designed for armed conflict.
Off
The aff’s call to fix a world gone astray is part of debate’s fixation on the suffering of the Other – you should reject the colonialism of prescriptive politics – if they win commodified effigies of hope are good, the rest of the 1nc applies – we won’t cross-apply answers to prove links Jayan Nayar 12, law prof at the University of Warwick, The Politics of Hope and the Other-in-the-World: Thinking Exteriority, December 15, http://link.springer.com/article/10.1007/s10978-012-9115-8/fulltext.html
People suffer.17 This is a simple truth that takes little effort to state AND , help create masks of hegemony for the brutal faces of domination.27
Declining political authority encourages defection. American political analyst Norman Ornstein writes of the domestic AND affects the character of U.S. policy, foreign and domestic.
By design or accident, it is increasingly clear that the centerpiece of President Barack AND that increased sanctions will force the regime to give up enrichment or collapse. Nuclear war Edelman, distinguished fellow – Center for Strategic and Budgetary Assessments, ’11 (Eric S, "The Dangers of a Nuclear Iran," Foreign Affairs, January/February)
The reports of the Congressional Commission on the Strategic Posture of the United States and AND any of these aspirants could develop a nuclear weapons capability within a decade. There is, however, at least one state that could receive significant outside support AND particular method of acquisition only circumvents, rather than violates, the NPT. n-player competition Were Saudi Arabia to acquire nuclear weapons, the Middle East would count three nuclear AND would retaliate against the wrong party, potentially triggering a regional nuclear war.
contention one
The executive circumvents the plan McNeal, 8 (Law Prof-Penn State, Northwestern University Law Review Colloquy, "BEYOND GUANTANAMO, OBSTACLES AND OPTIONS," 103 Nw. U. L. Rev. Colloquy 29, August, Lexis)
. Executive Forum-Discretion—Any reform which allows for adjudication of guilt in AND proposed reform is incomplete without thoroughly addressing the factors that the Executive balances.
Obama will signing statement the aff—hollows the restriction out Jeffrey Crouch, assistant professor of American politics at American University, Mark J. Rozell, acting dean and a professor of public policy at George Mason University, and Mitchel A. Sollenberger, associate professor of political science at the University of Michigan-Dearborn, December 2013, The Law: President Obama’s Signing Statements and the Expansion of Executive Power, Presidential Studies Quarterly 43.4
In a January 2013 signing statement, President Barack Obama stated that his constitutional powers as president limited him to signing or vetoing a law outright and that he lacked the authority to reject legislative provisions "one by one." Yet he then proceeded in a nearly 1,200 word statement to pick the law apart, section by section, and to effectively challenge many provisions by declaring that they violated his constitutional powers as commander in chief. According to his signing statement, a provision restricting the president’s authority to transfer detainees AND housed (P.L. 112-239; see Fisher 2013). Obama also objected to a number of provisions that he claimed would violate his "constitutional duty to supervise the executive branch" and several others that he said could encroach upon his "constitutional authority to recommend such measures to the Congress as I ’judge necessary and expedient.’ My Administration will interpret and implement these provisions in a manner that does not interfere with my constitutional authority" (Obama 2013). What the president could not block or modify through concessions or veto threats during budget negotiations with members of Congress, he decided he could unilaterally strip from a signed bill. Similar to his predecessor, George W. Bush, Obama suggested that he was the ultimate "decider" on what is constitutional and proper. Few acts by occupants of the White House so completely embody the unchecked presidency. Candidate Obama on Signing Statements President Obama’s actions have been surprising given that he proclaimed AND use signing statements to do end runs around Congress" (James 2009). Any expectations for a shift in the exercise of signing statements ultimately were misplaced, AND some of the more aggressive forms of constitutional signing statements that impact appropriations.
Detention restrictions increases rendition and drone strikes—comparatively worse Goldsmith, 12 (Law Prof-Harvard, 6/29, Proxy Detention in Somalia, and the Detention-Drone Tradeoff, www.lawfareblog.com/2012/06/proxy-detention-in-somalia-and-the-detention-drone-tradeoff/
There has been speculation about the effect of the Obama administration’s pinched detention policy – AND of a detention-drone tradeoff will become harder and harder to defend.
Evaluate consequences and maximize lives saved Weiss, Prof Poli Sci – CUNY Grad Center, ’99 (Thomas G, "Principles, Politics, and Humanitarian Action," Ethics and International Affairs 13.1)
Scholars and practitioners frequently employ the term "dilemma" to describe painful decision making AND , and then to choose what often amounts to the lesser of evils. Thoughtful humanitarianism is more appropriate than rigid ideological responses, for four reasons: goals AND to weigh options and make decisions about choices that are far from optimal. Many humanitarian decisions in northern Iraq, Somalia, Bosnia, and Rwanda—and AND to accept the logic of one without also accepting the others. "30 The process of making decisions in war zones could be compared to that pursued by AND situational ethics should stay out of the post-Cold War humanitarian kitchen. Principles in an Unprincipled World Why are humanitarians in such a state of moral and operational disrepair? In many AND to combatants in such a way as to encourage more intensive fighting."33 This new terrain requires analysts and practitioners to admit ignorance and question orthodoxies. There AND contradictory information adds to the frustration of trying to do something appropriate fast. International discourse is not condemned to follow North American fashions and adapt sound bites and slogans. It is essential to struggle with and even embrace the ambiguities that permeate international responses to wars, but without the illusion of a one-size-fits-all solution. The trick is to grapple with complexities, to tease out the general without ignoring the particular, and still to be inspired enough to engage actively in trying to make a difference. Because more and more staff of aid agencies, their governing boards, and their financial backers have come to value reflection, an earlier policy prescription by Larry Minear and me no longer appears bizarre: "Don’t just do something, stand there21 "3sThis advice represented our conviction about the payoffs from thoughtful analyses and our growing distaste for the stereotypical, yet often accurate, image of a bevy of humanitarian actors flitting from one emergency to the next.
No impact – democratic norms and civil society check totalitarianism and genocide Dickinson, associate professor of history – UC Davis, ’4 (Edward, Central European History, 37.1)
In short, the continuities between early twentieth-century biopolitical discourse and the practices AND legislative and welfare reforms in the 1920s or the 1970s in Germany.90 Of course it is not yet clear whether this is an irreversible dynamic of such AND of biopolitics, the only end point of the logic of social engineering. This notion is not at all at odds with the core of Foucauldian (and AND create "multiple modernities," modern societies with quite radically differing potentials.91
Masculinity doesn’t cause war Keohane 98, Duke University, (Robert, " Beyond Dichotomy: Conversations Between International Relations and Feminist Theory," International Studies Quarterly Volume 42, Issue 1, pages 193–197, March 1998, http://onlinelibrary.wiley.com/doi/10.1111/0020-8833.00076/pdf)
Since we know that intentionality and consequences are not tightly linked in international relations AND such questions, with an open mind about what the answers will be. Comparable questions could be posed about transnational relations. To what extent do gendered AND their hypotheses in ways that are testable—and falsifiable—with evidence.
War causes their impacts Joshua S. Goldstein (prof of IR @ American U, Wash D.C.) ’1 War and Gender: How Gender Shapes the War System and Vice Versa. Cambridge University Press. pp. 412
First, peace activists face a dilemma in thinking about causes of war and working AND injustice as the main cause of war seems to be empirically inadequate.10
contention two
War turns structural violence Bulloch 8 Millennium - Journal of International Studies May 2008 vol. 36 no. 3 575-595 Douglas Bulloch, IR Department, London School of Economics and Political Science. He is currently completing his PhD in International Relations at the London School of Economics, during which time he spent a year editing Millennium: Journal of International Studies
But the idea that poverty and peace are directly related presupposes that wealth inequalities AND problems as fundamentally economic rather than deeply – and potentially radically – political.
Their conception of violence is reductive and can’t be solved Boulding 77 Twelve Friendly Quarrels with Johan Galtung Author(s): Kenneth E. BouldingReviewed work(s):Source: Journal of Peace Research, Vol. 14, No. 1 (1977), pp. 75-86Published Kenneth Ewart Boulding (January 18, 1910 – March 18, 1993) was an economist, educator, peace activist, poet, religious mystic, devoted Quaker, systems scientist, and interdisciplinary philosopher.~1~~2~ He was cofounder of General Systems Theory and founder of numerous ongoing intellectual projects in economics and social science. He graduated from Oxford University, and was granted United States citizenship in 1948. During the years 1949 to 1967, he was a faculty member of the University of Michigan. In 1967, he joined the faculty of the University of Colorado at Boulder, where he remained until his retirement.
Finally, we come to the great Galtung metaphors of ’structural violence’ ’and ’positive AND it may have d’one a disservice in preventing us from finding the answer.
Life is always valuable Torchia 2, Professor of Philosophy, Providence College, Phd in Philosophy, Fordham College (Joseph, "Postmodernism and the Persistent Vegetative State," The National Catholic Bioethics Quarterly Summer 2002, Vol. 2, No. 2, http://www.lifeissues.net/writers/torc/torc_01postmodernismandpvs1.html)
Ultimately, Aquinas’ theory of personhood requires a metaphysical explanation that is rooted in an AND Esse thereby embraces all that the person is and is capable of doing. In the final analysis, any attempt to define the person in terms of a AND a community of free moral agents capable of responsibilities and worthy of rights. In contrast to such an isolated and enclosed conception (i.e., whereby AND transcends any specific attributes or any overt capacity the individual might possess.42
Ultimately, Schmitz argues, intimacy is rooted in the unique act of presencing AND has, but rather in the simple unqualified presence the person is.43
2NC
2nc overview
Causes Congressional follow-on—solves their offense Jonathan Molot, Associate Professor, George Washington University Law School. B.A., 1988, Yale College; J.D., 1992, Harvard Law School, 2k ~"ARTICLE: The Judicial Perspective in the Administrative State: Reconciling Modern Doctrines of Deference with the Judiciary’s Structural Role," Stanford Law Review, October, 2000, 53 Stan. L. Rev. 1~
Lawyers and scholars traditionally have viewed interpretation as a search for the best reading of AND over lawmaking that was an important component of the Founders’ constitutional design. n25
2nc at: disads/solvency jazz
2— Courts solve congressional authorization for indefinite detentions of citizens and non-citizens Moreland, committee chair, et al 04 ~Committee on Federal Courts, Thomas AND CONTEXT OF THE WAR ON TERROR," February 6, 2004, pdf~
We turn now to our own analysis of how the competing considerations of due process AND justness of their results (see pp. 129-35, below).
Courts can rule on detainees during times of war or peace Deborah Pearlstein, Visiting Faculty Fellow, University of Pennsylvania Law School, 2009-2011; Associate Research Scholar, Woodrow Wilson School of Public and International Affairs, Princeton University, 11 ~"AFTER DEFERENCE: FORMALIZING THE JUDICIAL POWER FOR FOREIGN RELATIONS LAW," February, 2011, University of Pennsylvania Law Review, 159 U. Pa. L. Rev. 783~
The foregoing is hardly meant to argue that the executive’s understanding of treaties is irrelevant AND concluding that the executive’s commissions did not satisfy what requirements there were. n87
at: cp doesn’t solve – moral stance
If we win our CP solves, it access their moral framework. That means you default to cost-benefit analysis—even prominent deontologists concede this Finnish, 1980 John Finnis, deontologist, teaches jurisprudence and constitutional Law. He has been Professor of Law 26 Legal Philosophy since 1989,1980, Natural Law and Natural Rights, pg. 111-2 The sixth requirement has obvious connections with the fifth, but introduces a new range AND or society to seek o maximize the satisfaction of those preferences or wants.
2nc at do both
4. Having the courts act first is uniquely key to avoiding politics Jonathan Molot, Associate Professor, George Washington University Law School. B.A., 1988, Yale College; J.D., 1992, Harvard Law School, 2k ~"ARTICLE: The Judicial Perspective in the Administrative State: Reconciling Modern Doctrines of Deference with the Judiciary’s Structural Role," Stanford Law Review, October, 2000, 53 Stan. L. Rev. 1~
Among the structural checks established by the Founders to protect against democracy’s excesses, n191 AND would be wielded in favor of fairness and consistency in the legislative process.
2nc at cp links to politics
That avoids the link Keith Whittington, Princeton Politics Professor, 2005, Interpose Your Friendly Hand: Political Supports for the Exercise of Judicial Review by the United States Supreme Court, The American Political Science Review, Nov., (99)4,
There are some issues that politicians cannot easily handle. For individual legislators, their AND action that political leaders want taken, as illustrated in the following case. Empirics Gregory Intoccia, practicing attorney specializing in telecommunications, 2001, Reassessing Judicial Capacity to Resolve Complex Questions of Social Policy, 11 USAFA J. Leg. Stud. 127
Elected politicians appear to "pass the buck" to the judiciary when an issue AND question, preferring instead that the judiciary decide whether to eliminate abortion restrictions.
No one backlashes to the politicians James Stoutenborough, Utah Political Science Dept, 2006, Reassessing the Impact of Supreme Court Decisions on Public Opinion, Political Research Quarterly
In many cases, courts have been empowered by and served the interests of other AND be unconstitutional under the assumption that the courts will correct their mistake.86
2NC—-Circumvention ~Detention~—-Link Wall
Restrictions fail – no compliance or enforcement Nzelibe 7—Assistant Professor of Law, Northwestern Law (Jide, February 2007, "Are Congressionally Authorized Wars Perverse?" 59 Stan. L. Rev. 907, lexis)
These assumptions are all questionable. As a preliminary matter, there is not much AND members of Congress in his role as commander-in-chief. n19
Takes out signal Douglas Kriner, Assistant Professor of Political Science at Boston University, 2010, After the Rubicon: Congress, Presidents, and the Politics of Waging War, p. 81-2
First, in many cases congressional signals will likely have only a modest influence on AND that their cost-benefit calculations should be more impervious to congressional signals.
Despite the overwhelming Senate support for passage (the bill passed 93-7 and AND so closely in Bush’s footsteps—both are motivated by the same institutional incentives
and concerns.¶ The Senate debate, however, also illustrates a second point. AND the current authorization language remains unchanged, Obama will stick to his guns.
WASHINGTON, Jan. 16 (UPI) — President Obama urged U.S AND Merkley told Politico the mood generally was "quite supportive" of Obama’s position Obama’s pressuring Dems effectively now to avoid sanctions JOSH LEDERMAN, Associated Press, 1/16 ~"Obama Urges Senate Dems to Put off Iran Sanctions," http://abcnews.go.com/Politics/wireStory/obama-dems-act-congress-21550602?singlePage=true~~
President Barack Obama implored Democratic senators Wednesday to put off new sanctions against Iran that AND , with some GOP senators rolling out their own proposals to fight poverty. Obama is winning over key dems Ashley Alman, Huff Post, 1/15 ~"Obama Urges Senate Democrats To Oppose Iran Sanctions In Closed-Door Meeting," http://www.huffingtonpost.com/2014/01/15/obama-senate-democrats-iran-sanctions_n_4605838.html~~
WASHINGTON — President Barack Obama met with Senate Democrats at the White House on Wednesday AND colleagues and the Administration to ensure that Iran will never achieve that goal."
—a2 Rodgers
Domestic-issue fights are isolated from Iran Judy Woodruff, PBS, 1/2/13, Examining Obama’s options to push his agenda in 2014, www.pbs.org/newshour/bb/white_house/jan-june14/yearahead_01-02.html
But the Republicans are divided. You know, there is a civil war going on in the Republican Party between those Tea Party conservatives who have really had the upper hand since 2010 and more establishment Republicans, more mainstream Republicans, including some of the business interests, some of the big donors, who want to steer a different path. And that may make - that may create opportunities for President Obama to make deals with that part of the party. But it also may create problems in trying to deal with a divided enemy. JUDY WOODRUFF: And with that backdrop, Jerry, we have been talking about domestic issues. Are there also international issues? They may not be working their way through the Congress, but the president is going to be dealing on the side with what’s - with Iran, a potential nuclear deal with Iran, with the Middle East, perhaps, John Kerry, the secretary of state. How much do international issues come into play at a time like this? GERALD SEIB: You know, in every second term, international issues increasingly take over the agenda for the president. As his power at home is restricted, his ability or his desire to move abroad increases. And that will probably be the story of the next three years. I think AND well with the allies? Will it go down well with the Israelis? I think that is the big international question, and it is a tough one for the president in the first few months. Hold all of their link UQ to a very high threshold—-issues don’t cost PC until they’re at the finish line Drum, 10 (Kevin, Political Blogger, Mother Jones, http://motherjones.com/kevin-drum/2010/03/immigration-coming-back-burner) Not to pick on Ezra or anything, but this attitude betrays a surprisingly common AND forefront of people’s minds." Maybe not. But they will be soon.
A2: Governmentality
They should lose for shrugging off political tradeoffs—our method for engaging politics is better Elshtain ’93 (Jean Bethke, Centennial Prof. Pol. Sci. – Vanderbilt U., Social Research, "Politics Without Cliché", 60:3, Fall, Ebsco)
When I was in graduate school in the late 1960s, it was in vogue AND of politics without cliché, hence of political conflict and debate without end.
—a2 Economist
Iran won’t scuttle Scott Peterson, 9/23/13, Will Iran’s charm offensive to the US be blocked - by Iran?, www.csmonitor.com/World/Security-Watch/2013/0923/Will-Iran-s-charm-offensive-to-the-US-be-blocked-by-Iran
Could a spoiling action happen again? Not too effectively, some say, because Khamenei himself has backed Rouhani’s outreach strategy in ways that he never stood behind Khatami. That view is also a turnaround for Khamenei, who earlier this year berated the US and ruled out any direct talks. "The extremists over here have lost their teeth," says a source in Tehran who has observed Iranian politics for three decades. "Any ~spoiler~ action anyone tries like that would be cut off at the knees right away. Whoever would do that would be pretty much ending their own career." The new approach is already bearing initial fruit: In New York today, Iran’s Foreign Minister Mohammad Javad Zarif met with EU foreign policy chief Catherine Ashton. That prompted an invitation to meet in coming days with foreign ministers of world powers negotiating with Iran – including US Secretary of State John Kerry. Ms. Ashton said today: "I was struck by the energy and determination on the part of the minister."
2NC Link Wall
Congressional legislation on detention would require massive expenditure of political capital and trade-off with other agenda items Nesbit, 10 (JD-U Minnesota, Meeting Boumediene’s Challenge: The Emergence of an Effective Habeas Jurisprudence and Obsolescence of New Detention Legislation, November, 95 Minn. L. Rev. 244, Lexis)
Apart from the point that new legislation is not substantively necessary, perhaps the most AND tempted to try given Congress’s ill-fated history in this area. n192 Ignore rhetoric—Obama really wants unfettered authority over indefinite detention. Sledge 13 (Matt and Ryan Reilly, Huffington Post, "NDAA Signed Into Law By Obama Despite Guantanamo Veto Threat, Indefinite Detention Provisions", 01/03/2013, http://www.huffingtonpost.com/2013/01/03/ndaa-obama-indefinite-detention_n_2402601.html, ZBurdette)
President Barack Obama signed the National Defense Authorization Act of 2013 on Wednesday, despite his own threat to veto it over prohibitions on closing the Guantanamo Bay prison camp. Civil liberties advocates had roundly criticized the bill over Guantanamo and a separate section that AND according to a presidential signing statement released in the early morning hours Thursday. Members of the human rights coalition that had urged Obama to follow through on his veto threat blasted his decision as a cave to congressional Republicans. "President Obama has utterly failed the first test of his second term, even before inauguration day," American Civil Liberties Union Executive Director Anthony Romero said in a statement. "His signature means indefinite detention without charge or trial, as well as the illegal military commissions, will be extended." "It’s the second time that the president has promised to veto a piece of a very controversial national security legislation only to sign it," said Shahid Buttar, executive director of the Bill of Rights Defense Committee. "He has a habit of promising resistance to national security initiatives that he ultimately ends up supporting and enabling."
1/19/14
Round 2 Texas
Tournament: Texas | Round: 2 | Opponent: Wake Forest LeDuc-Washington | Judge: Quigley 1NC OFF 1
Your decision should answer the resolutional question: Is the enactment of topical action better than the status quo or a competitive option?
“Resolved” before a colon reflects a legislative forum Army Officer School ‘04 (5-12, “# 12, Punctuation – The Colon and Semicolon”, http://usawocc.army.mil/IMI/wg12.htm) The colon introduces the following: a. A list, but only after " AND with dock g. A formal resolution, after the word "resolved:" Resolved: (colon) That this council petition the mayor.
2. “USFG should” means the debate is solely about a policy established by governmental means Ericson ‘03 (Jon M., Dean Emeritus of the College of Liberal Arts – California Polytechnic U., et al., The Debater’s Guide, Third Edition, p. 4) The Proposition of Policy: Urging Future Action In policy propositions, each topic contains AND compelling reasons for an audience to perform the future action that you propose.
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.
The concept of simulations as an aspect of higher education, or in the law AND undoubtedly necessary, it suggests one potential direction for the years to come.
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, AND particular point of difference, which will be outlined in the following discussion.
Decisionmaking is the most portable and flexible skill—key to all facets of life and advocacy 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
In the spring of 2011, facing a legacy of problematic U.S, AND should be justified by good reasons based on accurate evidence and valid reasoning.
Tying demands for black liberation to pragmatic policy reform is good Shelby 7 – Tommie Shelby, Professor of African and African American Studies and of Philosophy at Harvard, 2007, We Who Are Dark: The Philosophical Foundations of Black Solidarity
But African American philosophy does not typically make public policy recommendations. Although engaged with AND ground between political liberalism and black nationalism, which many scholars have overlooked.
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 AND , without the triumphalist pretension of ever being able to fully do so.
Engaging the law through in-depth debate is critical to solve their impacts Harris, professor of law – UC Berkeley, ‘94 (Angela P., 82 Calif. L. Rev. 741)
CRT has taken up this method of internal critique. Like the crits, race AND not to topple the Enlightenment, but to make its promises real. n66
OFF 2
Resistance via the ballot can only instill an adaptive politics of being and effaces the institutional constraints that reproduce structural violence Brown 95—prof at UC Berkeley (Wendy, States of Injury, 21-3)
For some, fueled by opprobrium toward regulatory norms or other mo- dalities of AND so forms an important element of legitimacy for the antidemocratic dimensions of liberalism.
This reactionary impulse is the condition of possibility for all violence—we must transcend exclusive identities and victimization. Enns 12 Dianne, Professor of Philosophy at McMaster University, The Violence of Victimhood
These are responses to suffering that may at the same time prevent the conditions that AND war, we must learn to see ourselves through the eyes of others.
Identity is only ever a confirmation of contingent relationships, not metaphysics. A politics that places a shared commitment to remedying injustice can avoid securitizing difference and reactionary politics that culminate in passivity. Bhambra ‘10 Gurminder K Bhambra, University of Warwick, and Victoria Margree, University of Brighton, “Identity Politics and the Need for a ‘Tomorrow”
1 Exclusionary Politics It is inexcusable to build analyses of historical experience around exclusions, exclusions that stipulate AND ” since they are produced by very real actions, practices and projects.
Our alternative is to recognize debate as a site of contingent commonality in which we can forge bonds of argumentation beyond identity---the affirmative’s focus on subjectivity abdicates the flux of politics and debate for the incontestable truth of identity Brown ‘95 Wendy, professor at Berkeley, States of Injury POWER AND FREEDOM IN LATE MODERNITY, 47-51
The postmodern exposure of the imposed and created rather than dis- covered character of AND identity, and morality and to redress our underdeveloped taste for political argument.
CASE
There is demonstrable progress in racial inequality—this is not to say that everything is perfect by any means, but it does prove that pragmatic change is possible within the current system Feldscher, Harvard School of Public Health, 9/19/’13 (Karen, “Progress, but challenges in reducing racial disparities,” http://www.hsph.harvard.edu/news/features/progress-but-challenges-in-reducing-racial-disparities/)
September 19, 2013 — Disparities between blacks and whites in the U.S AND connect with black students at earlier ages to steer them toward positive choices.
Progressivism is possible, and it depends on effective decision-making, so T turns the case Clark, professor of law – Catholic University, ‘95 (Leroy D., 73 Denv. U.L. Rev. 23)
I must now address the thesis that there has been no evolutionary progress for blacks AND of progress,' short-lived victories that slide into irrelevance." n51 Progress toward reducing racial discrimination and subordination has never been "automatic," if that AND occurred in the international arena, and were not exclusively under American control. With these qualifications, and a long view of history, blacks and their white allies achieved two profound and qualitatively different leaps forward toward the goal of equality: the end of slavery, and the Civil Rights Act of 1964. Moreover, despite open and, lately, covert resistance, black progress has never been shoved back, in a qualitative sense, to the powerlessness and abuse of periods preceding these leaps forward. n52
The aff’s claim state engagement is impossible destroys progressivism and re-entrenches racism—we can acknowledge every problem with the status quo, but adopt a pragmatic orientation towards solutions Clark, professor of law – Catholic University, ‘95 (Leroy D., 73 Denv. U.L. Rev. 23)
A Final Word Despite Professor Bell's prophecy of doom, I believe he would like to have his AND , which will easily garner attention from a controversy-hungry media. n147 It is much harder to exercise imagination to create viable strategies for change. n148 Professor Bell sensed the despair that the average--especially average black--reader would experience, so he put forth rhetoric urging an "unremitting struggle that leaves no room for giving up." n149 His contention is ultimately hollow, given the total sweep of his work. At some point it becomes dysfunctional to refuse giving any credit to the very positive AND and perplexity. No bridges are built--only righteousness is being sold. A people, black or white, are capable only to the extent they believe AND is not fixed; it will also be shaped by the attitudes and energy
with which we face the future. Writing about race is to engage in AND . was his capacity to "dream" us toward a better place.
A. Definition of “targeted killing” 7. Despite the frequency with which it is invoked, “targeted killing” AND “assassination”, all of which are, by definition, illegal.11
2NC AT: CASE DA—LONG
We link turn this – decisionmaking skills enable us to have a bigger impact on effective resistance in the long run – that was in the overview. Debate is a training ground for creating change, which they destroy.
Also, engagement with national security law allows critique to spill over broadly – so our education is better, that’s Donohue.
Topical version of the aff solves: reduce presidential war power authority in the Phillipines 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
V. RESTORING CRITICAL OPTIMISM IN THE LEGAL FIELD “La critique est aisée; l’art difficile.” A critique of cooptation often takes an uneasy path. Critique has always been and AND constantly redefining the boundaries of legal reform and making visible law’s broad reach.
Evaluate the topical version as a counterplan that solves their offense sufficiently—we don’t have to win a specific policy solves their offense, just that it’s possible to engage discussions of within our interpretation
T isn’t exclusion. Saying that a game rule is the same as actual suffering is a pretty weak logic chain that trivializes actual suffering and exclusion. Seriously, this K team tactic is a standard formula for cookie-cutter criticism. Take your oppression, make a strained analogy to T, and then run with it.
Attempts to apply their aff to T should be rejected – we weren’t prepared to have this debate. If we win that separating that ballot from the resolutional question is bad, you can’t use your ballot to endorse this argument as a prior question.
This ev is a straw person—it’s cut from a book review, which concludes that Wake’s vision of state violence isn’t even accurate Dillon 12 Ph.D. candidate in American Studies at the University of Minnesota. (“State of White Supremacy: Racism, Governance, and the United States” (Book Review) August 28, 2012, http://www.darkmatter101.org/site/2012/08/28/book-review-state-of-white-supremacy-darkmatter-journal/)
These critiques of the state are powerfully extended by the work of Andrea Smith and AND condition of possibility for our present subjectivities and modern politics” (269). Wake’s card ends These important challenges to dominant (and leftist) understandings of race, subjectivity, AND urgent call for scholars to center white supremacy in their research and classrooms.
That proves that process comes before product—inscribing a set ethical outcome at the outset destroys agency Race and Pedagogy Project, University of California at Santa Barbara, 2005, Jay, Gregory and Gerald Graff. “A Critique of Critical Pedagogy”, http://bit.ly/11e8uXY
Jay and Graff argue that critical pedagogy is problematic because it claims to liberate students AND even for those with whom one is ideologically at odds.” (208)
2NC AT CHASED BY OPPRESSOR
Our interpretation doesn’t exclude any perspective—that was in the overview—we don’t think the ballot is the most important thing in debate, but it exists and guides competition, and should be channeled to achieve the best educational ends. At the same time, any personal or political issue that supercedes debate should obviously be discussed before we compete.
We don’t demand BELIEF in the federal government, just its use as a HEURISTIC to develop SKILLS. We’ve also made arguments that decision-making allows us to resist the government, and that the government can be reformed. Those skills are critical in the long term.
A topical version of the aff could include a CRITIQUE of the government with a prescription for CHANGE—that’s distinct from endorsing the system. In fact, no aff in debate endorses the USFG as it currently exists.
Debate is not asking the oppressor Gooding-Williams 3 Race, Multiculturalism and Democracy Robert Gooding-Wiliams Robert Gooding-Williams (Ph.D., Yale, 1982) is AND where he taught philosophy and directed the program in Afro-American Studies. Issue Constellations Volume 5, Issue 1, pages 18–41, March 1998
Consider, for example, the view held by many (though not all AND and force of African-American perspectives oil other race-related issues. It would be a mistake, of course, to think that multiculturalism needs to AND the process of organizing, separating, and consolidating identity . . .6S For Morrison, reading American writers after Emerson (e.g.. Poe AND can contribute to an understanding of the issues posed by these struggles.70
SUBOTNIK
Their specific form of advocacy SHUTS DOWN DEBATE – starting with personal experiential narratives makes it IMPOSSIBLE to NEGATE SUBOTNIK 98 Professor of Law, Touro College, Jacob D. Fuchsberg Law Center. 7 Cornell J. L. and Pub. Pol'y 681
Having traced a major strand in the development of CRT, we turn now to AND - but that the minority scholar himself or herself hurts and hurts badly. An important problem that concerns the very definition of the scholarly enterprise now comes into AND precarious connection as a part of our lives is... ultimately obliterating." n74 "Precarious." "Obliterating." These words will clearly invite responses only from fools AND themselves from their pain in order to gain perspective on their condition. n77 *696 Last, as we have seen, it precludes the possibility AND material, but to subject that experience to the same level of scrutiny. If through the foregoing rhetorical strategies CRATs succeeded in limiting academic debate, why do AND public to the right and ensures that anything CRT offers is reflexively rejected. In the absence of scholarly work by white males in the area of race, AND to faculty offices and, more generally, the streets and the airwaves.
1NR K Vote neg on presumption—even successful identity politics necessarily unravel. Brown ‘95 Wendy, professor at Berkeley, States of Injury POWER AND FREEDOM IN LATE MODERNITY, “Wounded Attachments”
These paradoxes of late modern liberalism and colonialism, of course. are not a AND ranging from Islamic to deaf, indigenous to Gypsy, Serbian to queer.
Inclusion in the debate space is an empty act of tolerance that ensures that nothing really changes Zizek 8 Slavoj, Institute for Social Sciences, Ljubljana, The Prospects of Radical Politics Today, Int’l Journal of Baudrillard Studies, 5;1 ellipses in orig
Let us take two predominant topics of to day's American radical academia: postcolonial and AND of suffering and humiliation.2 Singer then provides the Darwinian background.3
The melancholic relationship to slavery is important, but a starting point of explicating injustice reproduces suffering. Brown says no solution is ever adequate when we use “resistance as politics.” That means they can only make things worse Enns ‘12 Dianne, Professor of Philosophy at McMaster University, The Violence of Victimhood
The Melancholic Victim Fanon's renunciation of the “amputation” of victimhood might be considered unusual in the AND of a walking nightmare … a man almost killed by a phantom.” 16
2) the ballot---the 1ac isolates deep structural imbalances in debate—massive inequality, rampant racism, bigots like the Weekly Standard writers.
The idea that winning the game can resist it is incoherent and masks the root causes of debate’s problems. It’s easier to ask for ballots than for changes in program funding, the UDL system, or the hyper-competitive nature of the activity Brown 95—prof at UC Berkeley (Wendy, States of Injury, 21-3)
For some, fueled by opprobrium toward regulatory norms or other mo- dalities of AND so forms an important element of legitimacy for the antidemocratic dimensions of liberalism.
“Privilege” is an empty signifier that installs a reactionary identity politics—this collapses common goals and entrenches the structural factors that create privilege in the first place. Rob the Idealist, Carleton College, JD candidate, 10/1/13, Tim Wise and The Failure of Privilege Discourse, www.orchestratedpulse.com/2013/10/tim-wise-failure-privilege-discourse/
I don’t find it meaningful to criticize Tim Wise the person and judge whether he’s AND Black intellectuals in the Ivory Tower, without seeing that the white racial vantages
that these Black intellectuals claim they’re really interested in need to be dissolved, need AND than good character, and we cannot fetishize personal morals over collective action.
2/8/14
Round 3 App State
Tournament: App State | Round: 3 | Opponent: Indiana Hoffman-Ferguson | Judge: Nagy
1NC
1nc—Congress
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 AND and avoid it when he knows that it will stand in his way.
It spills over to destabilize all presidential war powers. Heder ’10 (Adam, J.D., magna cum laude , J. Reuben Clark Law School, Brigham Young University, "THE POWER TO END WAR: THE EXTENT AND LIMITS OF CONGRESSIONAL POWER," St. Mary’s Law Journal Vol. 41 No. 3, http://www.stmaryslawjournal.org/pdfs/Hederreadytogo.pdf-http://www.stmaryslawjournal.org/pdfs/Hederreadytogo.pdf) This constitutional silence invokes Justice Rehnquist’s oftquoted language from the landmark "political question" AND Constitution in an area where the Framers themselves declined to give such guidance.
That goes nuclear 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. 26 Pub. Pol’y 373 2009 WAR POWERS IN THE FOURTH GENERATION OF WARFARE A. The Emergence of Non-State Actors Even as the quantity of nation-states in the world has increased dramatically since AND and action necessary to prevail in fourth-generational conflicts against fourthgenerational opponents.
T
A) Title authority shift does not restrict war power authority Spencer Ackerman, Wired national security correspondent, 3/20/13, Little Will Change If the Military Takes Over CIA’s Drone Strikes, www.wired.com/dangerroom/2013/03/military-drones/-http://www.wired.com/dangerroom/2013/03/military-drones/
Nor does the change to military drone control restrict the relevant legal authorizations in place. The Obama administration relies on an expansive interpretation of a 2001 congressional authorization to run its global targeted-killing program. If that authorization constrains the military to the "hot" battlefield of Afghanistan, someone forgot to tell the Joint Special Operations Command to get out of Yemen.
B) Violation - changing the semantics of how war powers are implemented instead of engaging the restrictions of the topic spikes out of core neg ground and allows affirmatives to doge core questions of the literature. Explodes the topic to include any minor modification to the status quo
1nc cp
Text: The president of the United States should issue an executive order to mandate a shift in targeted killing operations to the DoD and make this transition transparently implemented.
CP ensures squo shift to the DoD solve - eliminates convergence Jack Goldsmith, 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, 3/20/13, No More Drones For CIA, www.lawfareblog.com/2013/03/no-more-drones-for-cia/
That is the title of Dan Klaidman’s important story: Three senior U.S. officials tell The Daily Beast that the White House AND , which sets out the legal authorities for intelligence activities and covert operations. Quick reactions: (1) It is not clear what is at stake here, especially if AND CIA operators would likely work alongside their military counterparts to target suspected terrorists." (3) Relatedly, one cost of the transition from CIA to DOD, AND trust us, and not because they believe we can keep secrets. " (4) The transition might tamp down public and especially international complaints about the AND can expect to see more international scrutiny of and complaints about DOD strikes.
PTX
Obama pushing immigration—it’ll get through Reid Epstein, Politico, 11/13/13, Obama: Don’t let ACA problems stop immigration, dyn.politico.com/printstory.cfm?uuid=D92FF3A4-19D5-41D2-A8F1-C56D6BC23E08
President Barack Obama gave immigration reform advocates a simple message Wednesday: Don’t let Obamacare AND order to have the justification for voting the way they already want to."
The plan sparks an inter-branch fight derailing the agenda Douglas Kriner, Assistant Profess of Political Science at Boston University, 2010, After the Rubicon: Congress, Presidents, and the Politics of Waging War, p. 67-69
Raising or Lowering Political Costs by Affecting Presidential Political Capital Shaping both real and anticipated public opinion are two important ways in which Congress can AND were more important to the president than achieving unconditional victory over North Korea." While congressional support leaves the president’s reserve of political capital intact, congressional criticism saps AND that had suffered the highest casualty rates in the Iraq War.6° In addition to boding ill for the president’s perceived political capital and reputation, such AND a rear-guard action against congressional critics of the war in Iraq. When making their cost-benefit calculations, presidents surely consider these wider political costs of congressional opposition to their military policies. If congressional opposition in the military arena stands to derail other elements of his agenda, all else being equal, the president will be more likely to judge the benefits of military action insufficient to its costs than if Congress stood behind him in the international arena
That destroys Obama’s push—it’s critical to lock-up a House vote Bill Scher, The Week, 10/18/13, How to make John Boehner cave on immigration, theweek.com/article/index/251361/how-to-make-john-boehner-cave-on-immigration
Speaker John Boehner (R-Ohio) generally adheres to the unwritten Republican rule that bars him from allowing votes on bills opposed by a majority of Republicans, even if they would win a majority of the full House. But he’s caved four times this year, allowing big bills to pass with mainly Democratic support. They include repealing the Bush tax cuts for the wealthiest Americans; providing Hurricane Sandy relief; expanding the Violence Against Women act to better cover immigrants, Native Americans, and LGBT survivors of abuse; and this week’s bill raising the debt limit and reopening the federal government. Many presume the Republican House is a black hole sucking President Obama’s second-term agenda into oblivion. But the list of Boehner’s past retreats offers a glimmer of hope, especially to advocates of immigration reform. Though it has languished in the House, an immigration overhaul passed with bipartisan support in the Senate, and was given a fresh push by Obama in the aftermath of the debt limit deal. The big mystery that immigration advocates need to figure out: What makes Boehner cave? Is there a common thread? Is there a sequence of buttons you can push that forces Boehner to relent? Two of this year’s caves happened when Boehner was backed up against hard deadlines: AND both times, but he was not willing to risk blowing the deadline. A third involved the response to an emergency: Hurricane Sandy. Conservative groups were AND the floor, allowing it to pass over the objections of 179 Republicans. The fourth cave occurred in order to further reform and expand a government program: AND weeks later, the House passed the Senate bill with 138 Republicans opposed. Unfortunately for immigration advocates, there is no prospect of widespread pain if reform isn’t passed. There is no immediate emergency, nor threat of economic collapse. But there is a deadline of sorts: The 2014 midterm elections. If we’ve learned anything about Boehner this month, it’s that he’s a party man to the bone. He dragged out the shutdown and debt limit drama for weeks, without gaining a single concession, simply so his most unruly and revolutionary-minded members would believe he fought the good fight and stay in the Republican family. What he won is party unity, at least for the time being. What Boehner lost for his Republicans is national respectability. Republican Party approval hit a record low in both the most recent NBC/Wall Street Journal poll and Gallup poll. Here’s where immigration advocates have a window of opportunity to appeal to Boehner’s party pragmatism. Their pitch: The best way to put this disaster behind them is for Republicans to score a big political victory. You need this. A year after the Republican brand was so bloodied that the Republican National Committee had to commission a formal "autopsy," party approval is the worst it has ever been. You’ve wasted a year. Now is the time to do something that some voters will actually like. There’s reason to hope he could be swayed. In each of the four cases in which he allowed Democrats to carry the day, he put the short-term political needs of the Republican Party over the ideological demands of right-wing activists. Boehner will have to do another round of kabuki. He can’t simply swallow the AND . Boehner will need to given the room to do all this again. But he won’t do it without a push. A real good push.
Immigration reform necessary to sustain the economy and competitiveness Javier Palomarez 13, Forbes, 3/6/13, The Pent Up Entrepreneurship That Immigration Reform Would Unleash, www.forbes.com/sites/realspin/2013/03/06/the-pent-up-entrepreneurship-that-immigration-reform-would-unleash/print/
The main difference between now and 2007 is that today the role of immigrants and AND businesses and workers already know: The American economy needs comprehensive immigration reform.
Extinction Auslin 9 (Michael, Resident Scholar – American Enterprise Institute, and Desmond Lachman – Resident Fellow – American Enterprise Institute, "The Global Economy Unravels", Forbes, 3-6, http://www.aei.org/article/100187)
What do these trends mean in the short and medium term? The Great Depression AND may be a series of small explosions that coalesce into a big bang.
DA
Iran deal now—the delay gave Obama time to win over Congress, but signal of presidential resolve is key to Iranian compliance—the impact is nuclear war. Rothkopf 11/12/13 David, Visiting Scholar, Carnegie Endowment, "This Deal Won’t Seal Itself," http://carnegieendowment.org/2013/11/12/this-deal-won-t-seal-itself/gtpi
Rest assured however, there are several reasons this apparent screwup will not result in AND those that may emerge elsewhere (as in Western Afghanistan, for example).
~*ONLY IF YOU WANT~ Iran proliferation causes nuclear war Edelman, distinguished fellow – Center for Strategic and Budgetary Assessments, ’11 (Eric S, "The Dangers of a Nuclear Iran," Foreign Affairs, January/February)
The reports of the Congressional Commission on the Strategic Posture of the United States and AND any of these aspirants could develop a nuclear weapons capability within a decade. There is, however, at least one state that could receive significant outside support AND particular method of acquisition only circumvents, rather than violates, the NPT. n-player competition Were Saudi Arabia to acquire nuclear weapons, the Middle East would count three nuclear AND would retaliate against the wrong party, potentially triggering a regional nuclear war.
*Case
Hezbollah
No Hezbollah nuke terror Stewart 26 Hughes 3/2 (Scott Stewart and Nate Hughes, "Fire: The Overlooked Threat" March 2, 2013 Asmera Times)
When we consider this scenario, we must first acknowledge that it faces the same AND less willing to risk an attack that could be traced back to it.
Congressional restraints fail* Alston, professor – NYU Law, ’11 (Philip, 2 Harv. Nat’l Sec. J. 283)includes footnote 263
The United States was one of the first countries to institutionalize congressional oversight, driven AND is a rapidly ex-panding global program of state-directed killings.
No incentive for Congress to act Druck, JD – Cornell Law, ’12 (Judah, 98 Cornell L. Rev. 209)
Of course, despite these various suits, Congress has received much of the blame AND and congresspersons looking to continue the system of pas-sivity and deferment.
The risk of an accidental release of H5N1 is similar to that of other infectious AND also cannot be visibly ill because that would limit the necessary human contact.
No Lebanon escalation Cook 7 – fellow at the Council on Foreign Relations Steven A., and Ray Takeyh (fellow at the Council on Foreign Relations), Suzanne Maloney (senior fellow at Saban Center) Brookings Institution, International Herald Tribune, "Why the Iraq war won’t engulf the Mideast," 6-28, www.iht.com/articles/2007/06/28/opinion/edtakeyh.php
It is abundantly clear that major outside powers like Saudi Arabia, Iran and Turkey AND its civil strife and prevent local conflicts from enveloping the entire Middle East.
Politicians of all stripes preach to an anxious, appreciative, and very numerous choir AND above: one in a million or one in three billion per attempt.
Sovreignty
Squo works —- military gives covert ops to Title 50 authority —— the plan causes more confusion Dahl 11 (Matthew – American Bar Association, "Event Summary: The bin Laden Operation – The Legal Framework" May 26, 2011, American Bar Association)
The next panelist to speak was former Acting CIA General Counsel, John Rizzo. AND the internal legal mechanisms to easily comply with the oversight requirements of 413b.) Rizzo also discussed the period during which Congress attempted to codify a statutory framework for AND S. role in the overall operation is apparent or acknowledged publicly.2 Next to speak was Captain Stephanie Smart. Capt. Smart’s career as a military AND personnel and control to the CIA during the execution of a covert operation. The last panelist to speak was Eric Greenwald, whose current job as a senior AND scrutinized to determine whether they properly fall under Title 10 or Title 50. Mr. Greenwald also briefly spoke about 413b’s relationship to the new U.S AND attention to an interesting issue that will likely be topic of future significance. The discussion and audience questions that followed the panelists’ opening remarks continued to swirl around AND by CIA in the decades preceding the creation of these provisions in 1991. One of Capt. Smart’s final points highlighted the DoD’s institutional process when it comes AND conducted as a CIA operation with the military providing support on some level. The last short issue discussed was the possibility of a ’Title 60" that would AND ok — and that a major overhaul would likely result in unnecessary confusion.
The objection to civilian deaths draws out a related criticism: Why should the United AND behaves malignantly, drones will not be responsible. Its leaders will be.
The military also cannot conduct overt, hostile action in Pakistan, where the drones AND oversight, that’s a precedent that other countries will look to as well."
Syria has the Arab world’s most lethal arsenal of weapons of mass destruction, hundreds AND . and Jordanian commandoes need to be ready to secure any loose bombs.
Creates a precedent for future administrations and leads to Congressional follow-on Duncan, Associate Professor of Law at Florida A26M, Winter 2010 (John C., "A Critical Consideration of Executive Orders," 35 Vt. L. Rev. 333, Lexis) Executive orders can serve the purpose of allowing the President to generate favorable publicity, AND and health." n496 This report led to the Social Security Act. n497
The move could potentially toughen the criteria for drone strikes, strengthen the program’s accountability AND briefed on the plan. "It would be a pretty strong statement." Officials anticipate a phased-in transition in which the CIA’s drone operations would be AND CIA operators would likely work alongside their military counterparts to target suspected terrorists. The policy shift is part of a larger White House initiative known internally as " AND , and return to its more traditional role of gathering and analyzing intelligence. Lately, Obama has signaled his own desire to place the drone program on a AND efforts are even more transparent to the American people and to the world." Shortly after taking office, Obama dramatically ramped up the drone program, in part AND that the administration had refused to make public or turn over to Congress. It looks like the White House may now be preparing to launch a campaign to AND one former adviser. "He doesn’t want drones to become his Guantánamo." But for the president to step out publicly on the highly sensitive subject of targeted killings, he’s going to have to do more than simply give an eloquent speech. An initiative like shifting the CIA program to the military, as well as other aspects of the institutionalization plan, may be just what he needs.
DoD shift solves norms and convergence Policinski 13 Ellen Policinski is a legal fellow with the International Humanitarian Law Dissemination unit at American Red Cross National Headquarters. She holds a J.D. from Villanova Law School in Villanova, Pennsylvania and an LL.M. from the Geneva Academy of International Humanitarian Law and Human Rights in Geneva, Switzerland, Humanity in the Midst of War, June 13, 2013, "Why Shifting Drone Strikes from the CIA to the DoD is a Good Idea", http://lawsofarmedconflict.com/2013/06/13/why-shifting-drone-strikes-from-the-cia-to-the-dod-is-a-good-idea/
The use of drones as a tool to carry out targeted killing operations raises a AND in conducting US drone strikes may set a dangerous precedent for the future. Although very little about the CIA drone program has been officially acknowledged due to the AND drone that killed al-Awlaki was controlled by the CIA.~3~ From publicly available documents and news reports, it appears that until now there have AND command and control over all drone operations in the hands of the military.
Our evidence is conclusive—dod control of drones now—no cia convergence John Bennett, Defense News, 5/24/13, White House Quietly Shifts Armed Drone Program from CIA to DoD, www.defensenews.com/article/20130524/DEFREG02/305240010/White-House-Quietly-Shifts-Armed-Drone-Program-from-CIA-DoD
The White House has quietly shifted lead responsibility for its controversial armed drone program from the CIA to the Defense Department, a move that could encounter resistance on Capitol Hill. The decision is a landmark change in America’s 12-year fight against al-Qaida and raises new legal and operational questions while solving others. The shift could set off a bitter congressional turf war among the leaders of the committees that oversee the military and intelligence community, who already have sparred over the issue. At issue is a months-long debate about whether the CIA should remain the lead organization for planning and conducting aerial strikes on al-Qaida targets from remotely piloted aircraft. The Obama administration appears to have settled that debate, opting to hand the military control of most drone strikes while returning the CIA to its core missions of collecting and analyzing intelligence. In a landmark counterterrorism speech Thursday at National Defense University in Washington, Obama did not directly acknowledge the spy agency has been running the drone-strike program for years. Nor did he formally announce the Defense Department would be handed the lead role in the targeted-killing program. The president offered some clues into the status of the program, opaquely signaling it will now primarily be conducted by the United States military. When discussing the thorny issue that is the legality of the drone program, Obama called strikes from remotely piloted aircraft a "military tactic." "To say a military tactic is legal, or even effective, is not to say it is wise or moral in every instance, for the same progress that gives us the technology to strike half a world away also demands the discipline to constrain that power, or risk abusing it," Obama said. Minutes later, Obama, while noting drone strikes present unique geopolitical challenges for Washington, again seemed to hint his administration has concluded the military should run the drone-strike effort. "Now, this is not to say that the risks are not real," Obama said. "Any U.S. military action in foreign lands risks creating more enemies and impacts public opinion overseas." Military ’Preference’ A senior Obama administration official who briefed reporters before the president’s speech spoke more clearly, announcing the White House indeed has concluded the military soon will take over the lead role for planning and carrying out drone strikes on al-Qaida targets. "What we do express in the PPG, though, is the preference that the United States military have the lead for the use of force not just in war zones like Afghanistan, but beyond Afghanistan where we are fighting against al-Qaida and its associated forces," the senior administration official said. The official was referring to a new presidential policy guidance Obama signed this week that adjusts Washington’s counterterrorism approach and includes the drone-program shift.
This captures their oversight mechanism Spencer Ackerman, Wired national security correspondent, 3/20/13, Little Will Change If the Military Takes Over CIA’s Drone Strikes, www.wired.com/dangerroom/2013/03/military-drones/-http://www.wired.com/dangerroom/2013/03/military-drones/
The congressional reporting requirements for so-called Title 50 programs (stuff CIA does AND operational briefings and allow members of Congress to take tours of drone airbases.
2nc do both
The perm is the worst of all worlds—CP alone is individually better Metzger ’9 Gillian, Professor of Law, Columbia Law School, "THE INTERDEPENDENT RELATIONSHIP BETWEEN INTERNAL AND EXTERNAL SEPARATION OF POWERS," 59 Emory L.J. 423
Equally important, the relationship between internal and external separation of powers is reciprocal: AND by the concerns of military lawyers about how the tribunals were functioning. n102
2nc object fiat
This is the key academic question Sinnar, assistant professor of law at Stanford Law School, May 2013 (Shirin, "Protecting Rights from Within? Inspectors General and National Security Oversight," 65 Stan. L. Rev. 1027, Lexis) More than a decade after September 11, 2001, the debate over which institutions AND as a second-best option necessitated by congressional enfeeblement and judicial abdication.
2nc at rollback
And executive orders have the force of law: Oxford Dictionary of English 2010 (Oxford Reference, Georgetown Library) executive order ? noun US (Law) a rule or order issued by the President to an executive branch of the government and having the force of law.
Executive orders are permanent Duncan, Associate Professor of Law at Florida A26M, Winter 2010 (John C., "A Critical Consideration of Executive Orders," 35 Vt. L. Rev. 333, Lexis)
The trajectory of the evolution of the executive power in the United States, as AND an ever more robust structure of executive orders resembles an autopoietic process. n561
Creates a stable legal framework that constrains future presidents Brecher, JD University of Michigan, December 2012 (Aaron, Cyberattacks and the Covert Action Statute, 111 Mich. L. Rev. 423, Lexis)
The executive might also issue the proposed order, even though it would limit her AND nature of cyberoperations before passing detailed statutes that may result in unintended consequences.
2nc at congress key to signal
Congress doesn’t solve signal – Presidential leadership is key Tobin, Senior Online Editor of Commentary magazine, 9/3/2013 (Jonathan, Congress Can’t Fill Obama’s Leadership Void, http://www.commentarymagazine.com/2013/09/03/congress-cant-fill-obamas-leadership-void-syria/) The implications of the congressional debate that will ensue on the future of American foreign AND either stiffen his spin or step into the leadership vacuum he has left.
2nc at links to politics
CP is executive action—obviously avoids Congressional fights Fine 12 Jeffrey A. Fine, assistant professor of political science at Clemson University. He has published articles in the Journal of Politics, Political Research Quarterly, and Political Behavior. Adam L. Warber is an associate professor of political science at Clemson University. He is the author of Executive Orders and the Modern Presidency, Presidential Studies Quarterly, June 2012, " Circumventing Adversity: Executive Orders and Divided Government", Vol. 42, No. 2, Ebsco
We also should expect presidents to prioritize and be strategic in the types of executive AND have a greater incentive to issue major policy orders to overcome legislative hurdles.
The CP triggers Congressional follow-on and avoids confrontation Zbigniew Brzezinski, national security advisor under U.S. President Jimmy Carter, 12/3/12, Obama’s Moment, www.foreignpolicy.com/articles/2012/12/03/obamas_moment
In foreign affairs, the central challenge now facing President Barack Obama is how to AND -for better or for worse -as the authentic voice of America. To be sure, he is not a dictator. Congress has a voice. AND the president’s authoritative voice when he speaks and then decisively acts for America. This is true even in the face of determined opposition. Even when some lobbies AND to confront him. This is exactly what Obama needs to do now.
But the misconceptions concerning drones are not limited to the practical effects of U. AND ever-expanding entitlement for itself to target individuals across the globe."168
b) US precedent is locked in and it’s too late NYT, 5/29/’12 ("Secret ’Kill List’ Proves a Test of Obama’s Principles and Will")
Justly or not, drones have become a provocative symbol of American power, running roughshod over national sovereignty and killing innocents. With China and Russia watching, the United States has set an international precedent for sending drones over borders to kill enemies.
Takes out the impact—other nations probably won’t model a restrictive drone policy, but they’re also not about to go nuts—international pressure solves Hajjar, Institute for Public Policy and International Affairs @ ETH Zurich, ’13 (Lisa, "Lawfare and US and Israeli Targeted Killings Policies," ETH Zurich, April)
I refer to these as "attempts" to reinterpret international law because targeted killing AND they wish to employ appear legal. The law has not been rewritten.
The entire precedent thesis is wrong Washington Post, 11/1/’12 ("Pulling the U.S. drone war out of the shadows," Editorial Board)
Similarly, Mr. Volker asks "what we would say if others used drones AND and artillery, but if used there they would surely attract international censure.
Naureen Shah of Columbia Law School, a guest on the show, had raised AND So I wouldn’t worry too much about the so called precedent it sets..."
1nc at foreign backlash
No foreign backlash Byman 13 (Daniel, Professor in the Security Studies Program at the Edmund A. Walsh School of Foreign Service at Georgetown University and a Senior Fellow at the Saban Center for Middle East Policy at the Brookings Institution, Foreign Affairs, "Why Drones Work: The Case for Washington’s Weapon of Choice", July/August 2013, ZBurdette)
FOREIGN FRIENDS It is also telling that drones have earned the backing, albeit secret, of AND , and his replacement, Abdu Rabbu Mansour Hadi, has publicly praised drones
, saying that "they pinpoint the target and have zero margin of error, AND raids or cruise missile strikes, would make the United States more popular.
2nc congress fails
Intelligence agencies will circumvent Congress, even if the aff creates new law Ross, reporter – Bureau for Investigative Journalism, 8/1/’13 (Alice, "Is congressional drone oversight working?" Salon)
Dianne Feinstein, chair of the Senate Select Committee on Intelligence (SSCI) has AND to provide the committee with memos outlining the legal justifications for drone strikes,
despite repeated requests from senior committee members.
1NR
PTX
Economic collapse turns terrorism—only growth solves Fandl 2004 - Adjunct Law Professor - Washington College of Law (Kevin J., 19 Am. U. Int’l L. Rev. 587, Lexis)
In his final speech in the United Kingdom as President of the United States, AND will be able to destroy the prevalence and furtherance of those ideas. 58
A new nonpartisan campaign called TechElect, launched by the Information Technology Industry Council ( AND total sales, which is one of the top rates of any industry. With smart government policies – including investments in basic research, corporate tax reform, and high-skilled immigration reform – the semiconductor industry can continue to create jobs, drive economic growth and develop the technologies needed to solve our most pressing challenges.
In addition to ensuring the reliability of the existing stockpile, testing has other important AND , September 20, 1993, pp. 4, 14-15.)
An EMP attack is likely Cooper and Pfaltzgraff 10 (Henry F., Chairman of the Board of Directors of High Frontier and Chairman Emeritus of Applied Research Associates – Empact America, and Robert L., President – Institute for Foreign Policy Analysis and Shelby Cullom Davis Professor of International Security Studies – Tufts University, "A Dangerous Gap in Our Defenses?," National Review Online, 12-14,http://www.nationalreview.com/articles/255192/dangerous-gap-our-defenses-henry-f-cooper-brrobert-l-pfaltzgraff-jr
The 2004 Report of the Commission to Assess the Threat to the United States from AND possible as an inexpensive adjunct to existing and planned missile-defense programs.
EMP is not just a threat to computers and electronic gadgets, but to all AND to the United States and advocated immediate implementation of the EMP Commission’s recommendations.
Empirically denied – Obama won on healthcare and the stimulus but still has to fight for everything Capital isn’t regenerated Ryan 9 (Selwyn Professor of Social Science at the Sir Arthur Lewis Institute of Social and Economic Studies, University of West Indies. Ph.D. in Political Science from Cornell, Jan 18, http://www.trinidadexpress.com/index.pl/article_opinion?id=161426968)
Like many, I expect much from Obama, who for the time being, AND his 15 million strong constituency in cyberspace (the latent "Obama Party").
Err neg: A. Winners win is a naïve media narrative Jackie Calmes, NYTimes, 11/12/12, In Debt Talks, Obama Is Ready to Go Beyond Beltway, mobile.nytimes.com/2012/11/12/us/politics/legacy-at-stake-obama-plans-broader-push-for-budget-deal.xml
That story line, stoked by Republicans but shared by some Democrats, holds that AND , when the opposition typically takes seats from the president’s party in Congress.
Don’t vote on rhetoric – vote on warrants Tomasky, editor of Democracy Journal, 11/8 –, was a visiting fellow at Harvard’s Joan Shorenstein Center for the Press, Politics, and Public Policy in 2003Michael Tomasky, editor of Democracy, 11/8/13, End Times for Obama? Why This Crisis Will Also Pass, www.thedailybeast.com/articles/2013/11/08/end-times-for-obama-why-this-crisis-will-also-pass.html
It’s damn near end times for Barack Obama, to hear some tell it. There’s a new Pew poll that has him at 41 percent approval, 53 disapproval AND we’re looking at a presidency that is going to collapse into utter disaster. It’s obvious enough why conservatives would be saying this. They’ve wanted Obama to fail AND the administration will survive or whether he might as well just resign now. I don’t deny that the current situation is a crisis, and one of the AND website chaos, and it’s bad, there’s no sense in denying it. What I do deny, vigorously, is that this is a make-or-break moment. Yes, I know that Obamacare is his signature initiative and all that. And I know that if problems persist after Nov. 30, pressure will mount on Harry Reid to let some kind of tinkering legislation be debated. This is a very important three weeks for the administration, and the 30th is an extremely important deadline. But there’s a certain type of political journalism that so exists in the moment that numerous such moments have been declared to be disasters for Obama, going back to Jeremiah Wright. This kind of hyperventilating approach always turns out to be wrong and overheated. It turned out that all those things were pretty bad, but it also turned out that Obama survived them. And he’ll survive this, too. What will happen in all likelihood is what usually happens in life and politics— AND didn’t, and people will start to get the point about Republican sabotage. And then, provided health care survives that initial stage without being altered for the worse by Congress, it’s going to start to work. Well. Resistant insurance companies and even some resistant governors and state legislatures are going to see that it appears to be here to stay, and they will accommodate themselves to that reality. Obamacare will never be a raging success. This is another error much of journalism AND complaining, and they’ll be happy to have the opportunity to do so. Conservatives are desperate for health care to be Obama’s Katrina. Certain centrist journalists want AND . But Obama will survive, and more importantly, Obamacare will too.
Current hits won’t spillover to the agenda—prefer data to pundits Joshua Tucker, Professor of Politics at New York University, 11/14, Forget Obamacare, remember when Syria was going to ruin Obama’s term? Remember Syria??, www.washingtonpost.com/blogs/monkey-cage/wp/2013/11/14/forget-obamacare-remember-when-syria-was-going-to-ruin-obamas-term-remember-syria/
Scott Wilson’s article here at the Washington Post on the long term consequences for Obama’s AND the time we hit the next big thing a few months from now.
Obama’s fine—most qualified ev Ari Shapiro, 11/7/13, Why Obama Shouldn’t Worry About His Lousy Poll Numbers, www.npr.org/2013/11/07/243583805/why-obama-shouldnt-worry-about-his-lousy-poll-numbers
President Obama’s poll numbers have hit just about the lowest point of his presidency. They started sinking after the Obamacare website’s miserable debut last month. Now, only around 40 percent of Americans think Obama is doing a good job. More than half disapprove of his performance. (A year ago, the numbers were the opposite.) It seems obvious to say that a high approval rating helps a president, while a low approval rating hurts him. But here are five reasons Obama’s numbers might not be as troublesome as they sound.
He Was Never Popular With Congress Anyway A high approval rating can give a president’s initiatives a boost in Congress. "The willingness of members of Congress to take risks," explains Republican strategist Kevin Madden, "is usually proportional to the president’s popularity." Key word: Usually. Even when Obama’s popularity neared its high point, the president had a hard time getting bills through Congress. Just after his re-election, with approval ratings above 50 percent, Obama pushed immigration and gun control policies that seemingly had a lot of public support. Neither one became law. Obama expressed his fury at the gun bill’s failure during an emotional event at the White House Rose Garden, saying, "There were no coherent arguments as to why we wouldn’t do this. It came down to politics." In other words, Obama has governed like an unpopular president even when he was popular. At least the guy is consistent, says Ann Selzer, president of the nonpartisan Selzer 26 Co. polling firm in Iowa. "He has problems when his poll numbers are high in terms of getting legislation passed, and problems when his poll numbers are low." 2. Bad Poll Numbers Are Relative Sure, only around 40 percent of Americans think Obama is doing a good job. But Congress would love to have that kind of approval rating. They’re looking at single digits — and Republicans in Congress are doing even worse. That makes some Democrats optimistic about their party’s chances in 2014, even though the party of the president typically loses seats in a midterm. "Independent voters more than anybody are really fed up with the Republicans," says Democratic strategist Mary Anne Marsh. "For the first time in I think modern history, you have polls out there showing that almost 65 percent of voters want to get rid of their member of Congress. That has never been the case," she says. She’s referring to an from last month showing widespread damage to the GOP from the government shutdown. Rutgers University political scientist Ross Baker says disapproval of Congress casts Obama’s position in a different light. "Usually you have a situation in which the president is up and Congress is down, or the president is down and Congress is up," says Baker. "People liken it to a seesaw. But, in a sense, what we have now is a kind of rubber seesaw in which both sides are down." Says pollster Selzer: "In a relative world where people are feeling that Washington’s not moving, getting things done, or passing legislation, there’s a sense that Obama is actually really surviving with the rosiest scenario." 3. There’s Not Much Purple On The Congressional Map In the midterm elections, Obama’s approval rating can only really tilt the outcome in purple, or highly competitive, congressional districts. And there are fewer of those than ever before. Redistricting has wiped out swing districts in favor of safe zones for Republicans and Democrats. "Majorities are built in Congress based on a much smaller universe of swing districts," says Republican Madden. "But in those swing districts, it’s the president’s popularity that usually makes the difference between whether a Democrat can win or a Democrat will lose." Political scientist Baker says winning the 17 seats necessary to regain control of the House from Republicans "has always been an uphill prospect for the Democrats," no matter what the president’s approval rating might be. Still, this week’s gubernatorial election in Virginia showed that Obama could be a drag on Democratic candidates in purple areas. Terry McAuliffe was forecast to carry the state by double digits. Instead, he won by a much smaller margin. 4. It’s A Pretty Narrow Swing Although Obama is at a low point now, his approval rating hasn’t really varied all that much. After his initial election spike in 2008, his favorability numbers have settled into a band between the low 50s to around 40 percent. Not great, but not really terrible either — especially compared with his predecessor.
Obama’s solution solved Brian Beutler, Salon, 11/14/13, The president strikes back: Insurance companies get their justified comeuppance , www.salon.com/2013/11/14/the_president_strikes_back_insurance_companies_get_their_justified_comeuppance/
If your health insurance carrier has canceled your plan in anticipation of the launch of AND fixed. I imagine Obama’s great hope right now is that it does.
CIR critical to growth Gittelson 13 (Robert, president, Conservatives for Comprehensive Immigration Reform, 03/26/13, "Immigration reform: Future flow must meet economic need" The Hill)
For me and my colleagues in the Conservatives for Comprehensive Immigration Reform coalition, we AND accurate assessment of the reality of our fiscal requirements in the 21st century.
Your decision should answer the resolutional question: Is the enactment of topical action better than the status quo or a competitive option?
"Resolved" before a colon reflects a legislative forum Army Officer School ’04 (5-12, "~23 12, Punctuation – The Colon and Semicolon", http://usawocc.army.mil/IMI/wg12.htm) The colon introduces the following: a. A list, but only after " AND with dock g. A formal resolution, after the word "resolved:" Resolved: (colon) That this council petition the mayor.
2. "USFG should" means the debate is solely about a policy established by governmental means Ericson ’03 (Jon M., Dean Emeritus of the College of Liberal Arts – California Polytechnic U., et al., The Debater’s Guide, Third Edition, p. 4) The Proposition of Policy: Urging Future Action In policy propositions, each topic contains AND compelling reasons for an audience to perform the future action that you propose.
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.
The concept of simulations as an aspect of higher education, or in the law AND full course at Georgetown Law. It has since gone through multiple iterations. The initial concept followed on the federal full-scale Top Official ("TopOff") exercises, used to train government officials to respond to domestic crises.165 It adapted a Tabletop Exercise, designed with the help of exercise officials at DHS and FEMA, to the law school environment. The Tabletop used one storyline to push on specific legal questions, as students, assigned roles in the discussion, sat around a table and for six hours engaged with the material. The problem with the Tabletop Exercise was that it was too static, and the AND focused on specific legal issues, even as it controlled for external chaos. The opportunity to provide a more full experience for the students came with the creation of first a one-day, and then a multi-day simulation. The course design and simulation continues to evolve. It offers a model for achieving the pedagogical goals outlined above, in the process developing a rigorous training ground for the next generation of national security lawyers.166 A. Course Design The central idea in structuring the NSL Sim 2.0 course was to bridge AND and legal education) and flexible (responsive to student input and decisionmaking). Perhaps the most significant weakness in the use of any constructed universe is the problem AND student decisions themselves must drive the evolution of events within the simulation.168 Additionally, while authenticity matters, it is worth noting that at some level the AND that would be much more difficult to do in a regular practice setting. NSL Sim 2.0 takes as its starting point the national security pedagogical goals discussed above. It works backwards to then engineer a classroom, cyber, and physical/simulation experience to delve into each of these areas. As a substantive matter, the course focuses on the constitutional, statutory, and regulatory authorities in national security law, placing particular focus on the interstices between black letter law and areas where the field is either unsettled or in flux. A key aspect of the course design is that it retains both the doctrinal and AND giving students the opportunity to develop depth and breadth prior to the exercise. In order to capture problems related to adaptation and evolution, addressing goal ~1 AND Law to build the cyber portal used for NSL Sim 2.0. The twin goals of adaptation and evolution require that students be given a significant amount AND execution of the play, further developing their understanding of national security law. Throughout the simulation, the Control Team is constantly reacting to student choices. When unexpected decisions are made, professors may choose to pursue the evolution of the story to accomplish the pedagogical aims, or they may choose to cut off play in that area (there are various devices for doing so, such as denying requests, sending materials to labs to be analyzed, drawing the players back into the main storylines, and leaking information to the media). A total immersion simulation involves a number of scenarios, as well as systemic noise AND but to embrace them as part of the challenge facing national security lawyers. The simulation itself is problem-based, giving players agency in driving the evolution AND , generating in turn a set of new issues that must be addressed. The written and oral components of the simulation conform to the fourth pedagogical goal – AND simulation – and to deliver a 90 second oral briefing after the session. To replicate the high-stakes political environment at issue in goals (1) AND many different considerations that decisionmakers take into account in the national security domain. Scenarios are selected with high consequence events in mind, to ensure that students recognize AND to emphasize the broader political context within which national security law is practiced. Both anticipated and unanticipated decisions give rise to ethical questions and matters related to the AND exercise itself hitting the aim of the integration of the various pedagogical goals. Finally, there are multiple layers of feedback that players receive prior to, during AND , while another Control Team member may reject a FISC application as insufficient. The simulation goes beyond this, however, focusing on teaching students how to develop AND uncertainty, tension with colleagues, mistakes, and successes in the future. B. Substantive Areas: Interstices and Threats As a substantive matter, NSL Sim 2.0 is designed to take account AND weapons and pandemic disease also come within the doctrinal part of the course. The simulation itself is based on five to six storylines reflecting the interstices between different areas of the law. The storylines are used to present a coherent, non-linear scenario that can adapt to student responses. Each scenario is mapped out in a three to seven page document, which is then checked with scientists, government officials, and area experts for consistency with how the scenario would likely unfold in real life. For the biological weapons and pandemic disease emphasis, for example, one narrative might AND through press releases, weather updates, private communications, and the like. The five to six storylines, prepared by the Control Team in consultation with experts AND , giving the Control Team a birds-eye view of the progression. C. How It Works As for the nuts and bolts of the simulation itself, it traditionally begins outside of class, in the evening, on the grounds that national security crises often occur at inconvenient times and may well involve limited sleep and competing demands.171 Typically, a phone call from a Control Team member posing in a role integral to one of the main storylines, initiates play. Students at this point have been assigned dedicated simulation email addresses and provided access to AND relevant student teams. The Control Team has access to the complete site. For the next two (or three) days, outside of student initiatives ( AND , or technology concerns, while setting the stage for the breaking crisis. The third (or fourth) day of play takes place entirely at Georgetown Law AND releases. Students use their own laptop computers for team decisions and communication. As the storylines unfold, the Control Team takes on a variety of roles, AND the simulation unfolded, and how the students performed in their various capacities. At the end of the day, the exercise terminates and an immediate hotwash is held, in which players are first debriefed on what occurred during the simulation. Because of the players’ divergent experiences and the different roles assigned to them, the students at this point are often unaware of the complete picture. The judges and formal observers then offer reflections on the simulation and determine which teams performed most effectively. Over the next few classes, more details about the simulation emerge, as students AND opportunities for learning in the future. The course then formally ends.172 Learning, however, continues beyond the temporal confines of the semester. Students who AND concerns. And it builds a strong community of individuals with common interests. CONCLUSION The legal academy has, of late, been swept up in concern about the AND both the expression of government authority and the effort to limit the same. The one-size fits all approach currently dominating the conversation in legal education, AND greater nuance in the discussion of the adequacy of the current pedagogical approach. With this approach in mind, I have here suggested six pedagogical goals for national AND to ensure that they will be most effective when they enter the field. The problem with the current structures in legal education is that they fall short, AND in other areas of experiential education, such as clinics and moot court. It is in an effort to address these concerns that I developed the simulation model AND undoubtedly necessary, it suggests one potential direction for the years to come.
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, AND particular point of difference, which will be outlined in the following discussion.
Decisionmaking is the most portable and flexible skill—key to all facets of life and advocacy 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
In the spring of 2011, facing a legacy of problematic U.S, AND should be justified by good reasons based on accurate evidence and valid reasoning.
K
Death and misfortune are inevitable. The joy of life comes in accepting things as they are. Plans to fix the world only destroy us spiritually Slabbert, Taoist teacher and philosopher, ’1 (Jos, "Tao Te Ching: How to Deal With Suffering," http://www.taoism.net/theway/suffer.htm)
If you open yourself to loss, you are at one with loss and you can accept it completely.
This openness, a willingness and courage to face reality, is the only way to deal with suffering, particularly inescapable suffering. But the openness the poet is describing is more than just facing reality. It is facing reality in total harmony with the Tao:
If you open yourself to the Tao, you are at one with the Tao and you can embody it completely.
It is only when you "embody" the Tao that you can face suffering AND of selfish interests and futile aims to concentrate on dealing with the moment.
It is the acceptance of the inevitable that makes suffering bearable.
On his death bed, his family mourning, he is serene, for he knows Death, like Life, is an illusion: there is no beginning and no end.
There is only the endless flow of Tao.
The man of Tao has no fear, for he walks with Tao.
(The Tao is Tao, 154)
Agendas
A good traveler has no fixed plans and is not intent upon arriving.
(Chapter 27)
Plans, aims, objectives and agendas have become the routes of suffering for so many people, and not only the ambitious. Agendas often take spontaneity and joy out of life. In the process, many people have become bad travelers, concentrating only on their objectives, and arriving at their destinations only to find that even their destinations are not really worth the trouble.
Having no fixed plans? This does not sound like survival in a modern technological environment, does it? I mean, who but the extremely fortunate have the luxury of not having agendas running their lives? In most cases, one could justifiably point out, agendas are forced on you by your professional and familial obligations. You do not really have a choice, do you?
How could one then become a good traveler through life in this modern world? AND your agenda tedious. They might even go against what you truly believe.
It is clear. To become a good traveler in the modern world often entails AND the beaten track and become masters of their own far more adventurous journeys.
Tampering with the world
Do you want to improve the world? I don’t think it can be done. The world is sacred. It can’t be improved. If you tamper with it, you’ll ruin it. If you treat it like an object, you’ll lose it.
(Chapter 29)
If anything, the Twentieth Century will be called the century of social engineering. Simplistic ideologies, like fascism, were used to try to change the world, with terrible consequences inducing suffering on a scale never seen before in the history of the human being. A savage economic system based on greed - capitalism - has ravaged the world.
Yet, the human being has not learnt from this. Still, politicians show their ignorance by tampering with the sacred. It is the age of management, that euphemistic word for manipulating society. It is still happening. What else are many political programs but tampering with the sacred and ruining it in the process? It is the source of endless suffering.
Forcing issues
Whoever relies on the Tao in governing men doesn’t try to force issues or defeat enemies by force of arms. For every force there is a counterforce. Violence, even well intentioned, always rebounds upon oneself. The Master does his job and then stops. He understands that the universe is forever out of control, and that trying to dominate events goes against the current of the Tao.
(Chapter 30)
Understanding that the universe is out of control is the key to wisdom and patience. No amount of tampering with the universe will change this. In fact, the more we tamper with it, the more damage we will do.
No one knows what is good and bad. Reject the aff’s judgments, even if we lose all life on earth Kirkland, professor of Asian religions and Taoism at the University of Georgia, ’1 (Russell, "’Responsible Non-Action’ in a Natural World: Perspectives from the Neiye, Zhuangzi, and Daode jing," Daoism and Ecology: Ways within a Cosmic Landscape, http://kirkland.myweb.uga.edu/rk/pdf/pubs/ECO.pdf)
In the Taoist classic Huai-nan-tzu, one finds a famous story AND the morally responsible course of simply accepting the new state of things.’
Alternative: Say yes Kirkland, professor of Asian religions and Taoism at the University of Georgia, ’96 (Russell, "The Book of the Way," Great Literature of the Eastern World, http://kirkland.myweb.uga.edu/rk/pdf/pubs/DAODE.pdf)
Specifically, the Tao is humble, yielding, and non-assertive. Like AND most powerful force in existence, and nothing can thwart its unceasing operation.
Case Offense
—War Powers DA
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 AND and avoid it when he knows that it will stand in his way.
That authority is key to prevent nuclear war 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. 26 Pub. Pol’y 373 2009 WAR POWERS IN THE FOURTH GENERATION OF WARFARE A. The Emergence of Non-State Actors Even as the quantity of nation-states in the world has increased dramatically since AND and action necessary to prevail in fourth-generational conflicts against fourthgenerational opponents.
Bioterror causes extinction Mhyrvold ’13 Nathan, Began college at age 14, BS and Masters from UCLA, Masters and PhD, Princeton "Strategic Terrorism: A Call to Action," Working Draft, The Lawfare Research Paper Series Research paper NO . 2 – 2013
As horrible as this would be, such a pandemic is by no means the AND be available to anybody with a solid background in biology, terrorists included.
Case Defense
—Ethics
They won’t be able to find the correct morality because their approach is too totalizing Badiou, 98 (Alain, Professor of Philosophy at the European Graduate School in Saas-Fee, Switzerland, Ethics: An Essay on the Understanding of Evil, 30-34)
The very idea of a consensual ’ethics’, stemming from the general feeling provoked by AND by a will to nothingness, whose other name is: death drive.
They result in guilty nihilism – not ethical solutions Murphy, 04 (Ann, Postdoctoral Fellow in the School of philosophy at the university of New South Wales, "The Political Significance of Shame," Borderlands E-Journal, volume 3 Number 1, 2004)
2. The insistence on the ahistorical nature of responsibility is particularly obvious when one AND patronizing, but likewise out of suspicion regarding its efficacy in motivating action.
1) Focus on extinction is ethical – extinction would be enormously painful
3) All lives infinitely valuable—only ethical option is maximizing number saved Cummisky, 96 (David, professor of philosophy at Bates, Kantian Consequentialism, p. 131)
Finally, even if one grants that saving two persons with dignity cannot outweigh and AND conclusion that the more persons with dignity who are saved, the better.
4) Ethics focus turns the K - Focus on guilt-based pancea politics leads to compassion fatigue that results in a net-decrease in ethical acts Moeller, 99 Dr. Susan Moeller is the director of the International Center for Media and the Public Agenda (ICMPA), an academic center that forms a bridge between the College of Journalism and the School of Public Policy at the University of Maryland, College Park. She is Professor of Media and International Affairs in the Philip Merrill College of Journalism at the University of Maryland and an affiliated faculty member at the School of Public Policy. "Compassion Fatigue : How the Media Sells Disease, Famine, War and Death" http://site.ebrary.com.proxy.lib.umich.edu/lib/umich/docDetail.action?docID=10054625 pg. 9-12 BJM It all started with an advertising campaign. We have all been cued by that AND perhaps most of the problems are not of the quick-fix variety—
the send-in-the-blankets-and-vaccination-suppliesand AND finally to rot away, without anyone ever realizing it once stood tall.
An extinction event today could cause the loss of thousands of generations. This matters AND controversial, I later show how acceptance of discounting would affect our conclusions.
*2NC*
2nc ov
We link turn the whole case—only decision-making allows for effective engagement and advocacy outside of debate Carolan, professor of sociology – Colorado State University, ’6 (Michael S., "Ecological Representation in Deliberation: the Contribution of Tactile Spaces," Environmental Politics, Vol. 15, No. 3, p. 345 – 361, June)
Mark Warren (1996: 242) once wrote, speaking of the value of a deliberative political process: Democracy works poorly when individuals hold preferences and make judgments in isolation from one another, as they often do in today’s liberal democracies. When individuals lack the opportunities, incentives, and necessities to test, articulate, defend, and ultimately act on their judgments, they will also be lacking in empathy for others, poor in information, and unlikely to have the critical skills necessary to articulate, defend, and revise their views. ~my emphasis~ While much has been written on forming processes of open, empathetic and reasoned talk AND be told about such phenomena in a non-tactile, passive way. Within such a space, individuals could thus ’see’ and ’test’ for themselves competing knowledge claims, actions that, in the end, further enrich the deliberative processes. Such a space would also generate grounds for a more legitimate and trustworthy decision-making structure, for as individuals come to experience the phenomena under debate as having meaning to their everyday lives they will also more probably feel a greater embeddedness in the decision-making process itself.
2nc link debate—-michigan
at: resolved before colon
Only after the colon matters Webster’s Guide to Grammar and Writing 2k
Use of a colon before a list or an explanation that is preceded by a clause that can stand by itself. Think of the colon as a gate, inviting one to go one…If the introductory phrase preceding the colon is very brief and the clause following the colon represents the real business of the sentence, beginning the clause after the colon with a capital letter.
Resolved means enact policy Words and Phrases 1964 Permanent Edition
Definition of the word "resolve," given by Webster is "to express an opinion or determination by resolution or vote; as ’it was resolved by the legislature;" It is of similar force to the word "enact," which is defined by Bouvier as meaning "to establish by law".
at: counter-interpretations
Should denotes an expectation the aff will be enacted American Heritage Dictionary 2K
Used to express probability or expectation
Means the USFG should take action Steinberg and Freeley ’8 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, TWELFTH EDITION
Most propositions on matters of policy contain the word should (or ought)—for AND or that the supporters of the plan lack sufficient voting strength in Congress.
2nc at: case DA
Topical version of the aff solves: ~ ~ 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
V. RESTORING CRITICAL OPTIMISM IN THE LEGAL FIELD "La critique est aisée; l’art difficile." A critique of cooptation often takes an uneasy path. Critique has always been and AND as transformative while assuming that a conservative tilt exists in formal legal paths. In the triangular conundrum of "law and social change," law is regularly the AND constantly redefining the boundaries of legal reform and making visible law’s broad reach.
The process of inculcating critical thinking is more transformative than their ~demand / ethical stance~ Catherine Fox, teaches writing at Iowa State University. Her research interests focus on feminist and critical pedagogies, critical race theory, and feminist rhetorics, 2002, The Race to Truth: Disarticulating Critical Thinking from Whiteliness, Pedagogy 2.2 (2002) 197-212
We also tend to acknowledge critical thinking only as an analytic form of thought that AND example, Shor (1992: 41) presents critical thinking as follows: Had I tried to be a "neutral" teacher who ignored the pro- AND see one structure in society for what it really is ~emphasis mine~. I agree that no classroom is "neutral," and I do not deny the AND , however "revolutionary," is "still running in old cycles." 3 In sum, I perceive the following problems with the way that feminist and critical pedagogues posit critical thinking:
In general, we consider it an unquestionable good, and as such it operates as a god-term. 2. We equate it with analytic thinking that leads students to see issues in the "right" way. 3. Thus we tend to conflate critical thinking with feminist and critical ideologies. 4. Ultimately, doing so creates a race to truth whose telos is the same as that of the traditional pedagogies criticized for using transmission models of language, knowledge, and learning. Critical Thinking: Racing to Truth One way to disarticulate this conflation is through the metaphor of whiteliness. Ruth Frankenberg AND "transparent" are also important steps toward disrupting systems of domination. 4 In "Identity: Skin Blood Heart," in which she explores her struggles against AND whitely, all of which pertain primarily to Pratt’s characteristic of judge: 6 I was taught that because one knows what is right, it is morally appropriate to have and exercise what I now would call race and class privilege. Whitely people have a staggering faith in their own rightness and goodness, and that of other whitely people. We are not crooks. Whitely people do have a sense of right and wrong, and are ethical. Their ethics is in a great part an ethics of forms, procedures and due process. Whitely people tend to believe that one preserves one’s goodness by being principled, by acting according to rules instead of according to feeling. Authority seems to be central to whiteliness, as you might expect from a people who are raised to run things, or to aspire to that: belief in one’s authority in matters practical, moral and intellectual exists in tension with the insecurity and hypocrisy that are essentially connected with the pretense of infallibility. (153-54) Turning next to white women’s whiteliness, Frye argues that it is based on integrity, dignity, and respectability, which whitely women use as levers to raise themselves to the level of whitely men. She calls on white women to unlearn whiteliness, just as men are expected to unlearn masculinity, if the ultimate goal is to achieve more egalitarian relationships with others. The judgmentalism of whitely people and the presumed rightness that protects them from having to AND I seductively named what I did "teaching my students to think critically." One’s positioning as a feminist or critical pedagogue, then, rests on the assumption AND discovered, we manifest and reproduce whitely ways of being in the world. Thus critical thinking becomes a lever, similar to the integrity, dignity, and AND , marginalized truth—it is only more "running in old cycles." The parallels between theories of whiteliness and the uses of critical thinking in alternative pedagogies AND , we can begin to transform them into new ways of being. 9 Disarticulating Critical Thinking from Whiteliness Critical thinking, when disarticulated from a particular ideological standpoint, offers us a means AND make them, not what suggests the relative correctness of choices and locations. Two concepts from Paulo Freire indicate an approach to critical thinking that supersedes the revolutionary AND extent to which our positions already carry whitely notions of rightness and righteousness. Imagination and humility seem to go underground when we collapse critical thinking with feminist and AND meaning and knowledge with our students, rather than transmit knowledge to them. The first-year composition course I teach at Iowa State University, a predominantly AND , or writing a letter to the editor or to a congressional representative. Toward the end of the project, we discuss the consequences of the options we AND difference do my choices make? What options do they preclude or open? Examining many perspectives, then, is vital to the critical thinking I want to AND having already arrived at the truth, at the position of "criticality." In a workshop at the Learning Community Institute at Iowa State, Jean MacGregor ( AND discourse. It also positions us to question the truths that we forward. Confronting Closure and Embracing Uncertain Certainty Notwithstanding the examples above, it remains possible for critical thinking to be posited in AND and imagination that I have suggested we need to incorporate into critical thinking. Yet no matter how carefully I do so, I still struggle against an ideology AND move from revolutionary cycles to spaces of transformation. ~End Page 207~ How do we deal with students who do not share our ideological assumptions? First AND I attempted to model explicitly the critical engagement central to my course curriculum. I realize that I am placing a tall order for feminist and critical educators to fill in one semester or one quarter. Nonetheless, I believe that it will allow us actually to engage in processes of critical thinking alongside our students. In Freire’s (1996: 3) words, we need to be "rigorously coherent so as to not lose ~ourselves~ in the enormous distance between what ~we~ do and say." My point is not that we should rid our classrooms of truths or ideologies. AND at solutions, question the consequences, and return again to making meaning.
That proves that process comes before product—inscribing a set ethical outcome at the outset destroys agency Race and Pedagogy Project, University of California at Santa Barbara, 2005, Jay, Gregory and Gerald Graff. "A Critique of Critical Pedagogy", http://bit.ly/11e8uXY
Jay and Graff argue that critical pedagogy is problematic because it claims to liberate students AND of which are laid open to critique. Suggestions for practical application follow. Freire’s close adherence to the Marxian-Hegelian master-slave dialectic, in which AND radical point of view of the teacher can be expressing an authentic desire. "This assumption spares Freire from ever having to consider an unpleasant possibility: that AND his or her mind seriously challenged by the conservative student." (203) The authors are careful to state that they are both progressives themselves; their opposition AND product of the pedagogical process, not its unquestioned premise." (207) In contrast, "teaching the conflicts" allows for the autonomy and freedom of AND even for those with whom one is ideologically at odds." (208)
at: limits bad
Refusing limits is totalitarian – endless criticism will crowd out diversity and radical change Feldman, Assoc Prof Management Policy – Case Western U, ’98 (Steven P, "Playing with the Pieces: Deconstruction and the Loss of Moral Culture," Journal of Management Studies Vol. 35 Iss. 1, p. 59-79)
Cultural authority imposes upon its members the awesome dichotomy between a meaningful and a meaningless AND resistance. That is what is totalizing about totalitarianism (Arendt, 1950). Authority, on the contrary, is always given, or it is fraudulent (Rieff, 1985). Authority is given not because people are dupes, tricked into controlling themselves for some systemic conspiracy, but because through the hierarchical ordering of culture they find their way to purposeful behaviour (Durkheim, ~1925~ 1973) and a feeling of self-respect that makes life meaningful and worthwhile (Cooley, 1922; Rieff, 1985; Sullivan, 1950). Authority, then, is essential to culture. It protects social life from the AND of postmodern ’openness’. Complete openness, like complete individuality, is impossible. Postmodernism is, ironically, an example of cultural repression. To be meaningful, AND what truth is to faith. Only truth can stabilize a management ethics.
The assumption that limiting is always bad destroys their ability to create change Feldman, Assoc Prof Management Policy – Case Western U, ’98 (Steven P, "Playing with the Pieces: Deconstruction and the Loss of Moral Culture," Journal of Management Studies Vol. 35 Iss. 1, p. 59-79)
Language thus becomes the key villain in an implicit, undemocratic plot hidden deep within AND Cooper (1989) follows Derrida in a wish to ’overturn’ this hierarchy. I will make four points concerning the process of deconstruction. First, Cooper’s belief AND , making it impossible to evaluate the logic and coherence of the argument. Second, Cooper’s view that the will to organize originates in an inherent ambivalence in language is reductionistic. Clearly, as Gellner (1979) states, social reality is complex and there are many factors that lead to organizational activities. Postmodernism’s reification of language ignores, for example, the influences of economic scarcity, geographical conditions, and demographic influences. Even some animal groups organize for hunting and/or safety. Certainly they are not motivated by existential ambivalences in language. Third, Stephen Linstead does not ask the question why semantic closure is needed as AND the presumption of a world of openness cannot be a world at all. Fourth, Cooper’s characterization of cultural authority as a ’violent hierarchy’ is obviously a condemnation AND to destructive levels of envy and self-interest (Hirschhorn, 1993).
Causes mass violence Feldman, Assoc Prof Management Policy – Case Western U, ’98 (Steven P, "Playing with the Pieces: Deconstruction and the Loss of Moral Culture," Journal of Management Studies Vol. 35 Iss. 1, p. 59-79)
Nothingness, or the ’search for instabilities’ advocated by postmodern writers leads to a dangerous AND needs with collective requirements that I find most dangerous in the postmodern literature.
And, ensures cooptation Feldman, Assoc Prof Management Policy – Case Western U, ’98 (Steven P, "Playing with the Pieces: Deconstruction and the Loss of Moral Culture," Journal of Management Studies Vol. 35 Iss. 1, p. 59-79)
Pluralization, or self-centredness, can be a problem too, however. AND at decentralization that will break down civility or be reversed through corporate manipulation.
2nc at: law bad
Simulating government action on foreign policy enables understanding and empathy—critical to effective activism Esberg, special assistant to the director – Center on International Cooperation @ NYU, and Sagan, professor of political science – Stanford University, ’12 (Jane and Scott, "NEGOTIATING NONPROLIFERATION: Scholarship, Pedagogy, and Nuclear Weapons Policy," The Nonproliferation Review, Vol. 19, Issue 1, p. 95-108)
In Charles Dickens’s novel Hard Times, Mr. Gradgrind—the headmaster of a AND especially leaders in other countries, act as they do in international politics. In the field of nonproliferation studies, students are taught facts about which states acquired AND empathy and imagination can be developed through the use of simulation in teaching. Simulations are particularly suited to the teaching of nuclear nonproliferation because the "facts" AND understand why some states develop nuclear weapons and other states do not.4 Although arms control and nonproliferation simulations have been used inside governments and at many universities AND ) with different national and institutional perspectives on nuclear weapons and foreign policy. This article both examines the role of simulation in teaching about nuclear proliferation and nonproliferation AND that improve our understanding of real-world nuclear negotiation dynamics and outcomes. The Use of Exercises and Simulations Governments have long used simulations and war game exercises to anticipate the behavior of other AND -scale military exercises involving actual armed forces or domestic homeland security organizations. These government or quasi-government think tank simulations often provide very similar lessons for AND allies and adversaries, would behave in response to US policy initiatives.7 By university age, students often have a pre-defined view of international affairs AND quickly; simulations teach students how to contextualize and act on information.14
at: creativity
Constraints make creativity possible—eliminating rules makes their form of opposition to structure meaningless Armstrong 2000 Paul B. Armstrong, Professor of English and Dean of the College of Arts and Sciences at the State University of New York at Stony Brook, Winter 2000, "The Politics of Play: The Social Implications of Iser’s Aesthetic Theory," New Literary History, Vol. 31, No. 1, p. 211-223
Such a play-space also opposes the notion that the only alternative to the AND makes it dependent on the forms it opposes. ~End Page 220~ The radical presumption of the sublime is not only terroristic in refusing to recognize the AND conditions of exchange would be provided by the nonconsensual reciprocity of Iserian play. Iser’s notion of play offers a way of conceptualizing power which acknowledges the necessity and AND combination of constraint and possibility, limitation and unpredictability, discipline and spontaneity.
*1NR*
2nc ov
Also causes rollback/circumvention Laura Young, Ph.D., Purdue University Associate Fellow, June 2013, Unilateral Presidential Policy Making and the Impact of Crises, Presidential Studies Quarterly, Volume 43, Issue 2 A president looks for chances to increase his power (Moe and Howell 1999). AND policy formation process. In short, focusing events increase presidential unilateral power.
Hope
The executive is our best hope for contraining detention Gonzales 10 ~Alberto R. Gonzales (Prof @ Texas Tech U, Fmr. Counsel to the President and United States Attorney General under the George W. Bush Administration, Fmr. Judge of the Texas Supreme Court); "WAGING WAR WITHIN THE CONSTITUTION"; Texas Tech Law Review: Summer, 2010~ Despite the care exercised in correctly identifying enemy combatants, our government made mistakes. AND there is any question about the appropriate status of a detainee.37° Such criticism fails to recognize the enormous efforts, some of which are discussed above AND .S. government has taken such extraordinary steps to protect the innocent.
— xt: compassion fatigue
The more times people vote for them – the less likely they are to solve their 1AC harms – only external impact in the round Tester 2001 (Keith Tester, Prof. University of Portsmouth, UK, Publication 2001, "An Account of Journalistic Compassion Fatigue" Compassion, Morality, and the Media, Open University Press, pg.20-21)
Second, it was concluded that, ’compassion fatigue is an individual, multidimensional phenomenon’ AND after they have killed, since the absence of suffering is not news.
Quantum mechanics is called on further to argue that the cosmic field, like Newton’s AND will do so under the same rules of quantum mechanics that operate today.
—a2: bare life
Bare life is a bad theory because it can’t account for the effect of legal interventions Jef Huysmans 8, Senior Lecturer in the Department of Politics and International Studies (POLIS) at the Open University, UK, The Jargon of Exception—On Schmitt, Agamben and the Absence of Political Society, International Political Sociology (2008) 2, 165–183
Even if one would argue that Agamben’s framing of the current political conditions are valuable AND as the central processes through which individualized bodily resistances gain their sociopolitical signi?cance.
The affs demand for a pure rejection of sovereignty results in scagegoating – the impact is massive violence Moreiras, professor, romance studies and literature – Duke University, ’4 (Alberto, CR: The New Centennial Review, 4.3)
But Rasch remains a Schmittian, not a Benjaminian. For him, no interruption AND as an absolutely inappropriatable and unjuridifiable good" (Agamben 2003, 83).
Obama singularly focused on the fiscal crisis—his political capital will resolve it before shutdown and default Jonathan Allen, Politico, 9/19/13, GOP battles boost President Obama, dyn.politico.com/printstory.cfm?uuid=17961849-5BE5-43CA-B1BC-ED8A12A534EB
There’s a simple reason President Barack Obama is using his bully pulpit to focus the nation’s attention on the battle over the budget: In this fight, he’s watching Republicans take swings at each other. And that GOP fight is a lifeline for an administration that had been scrambling to gain control its message after battling congressional Democrats on the potential use of military force in Syria and the possible nomination of Larry Summers to run the Federal Reserve. If House Republicans and Obama can’t cut even a short-term deal for a continuing resolution, the government’s authority to spend money will run out on Oct. 1. Within weeks, the nation will default on its debt if an agreement isn’t reached to raise the federal debt limit. For some Republicans, those deadlines represent a leverage point that can be used to force Obama to slash his health care law. For others, they’re a zero hour at which the party will implode if it doesn’t cut a deal. Meanwhile, "on the looming fiscal issues, Democrats — both liberal and conservative, executive and congressional — are virtually 100 percent united," said Sen. Charles Schumer (D-N.Y.). Just a few days ago, all that Obama and his aides could talk about were Syria and Summers. Now, they’re bringing their party together and shining a white hot light on Republican disunity over whether to shut down the government and plunge the nation into default in a vain effort to stop Obamacare from going into effect. The squabbling among Republicans has gotten so vicious that a Twitter hashtag — ~23GOPvsGOPugliness — has become a thick virtual data file for tracking the intraparty insults. Moderates, and even some conservatives, are slamming Texas Sen. Ted Cruz, a tea party favorite, for ramping up grassroots expectations that the GOP will shut down the government if it can’t win concessions from the president to "defund" his signature health care law. "I didn’t go to Harvard or Princeton, but I can count," Sen. Bob Corker (R-Tenn.) tweeted, subtly mocking Cruz’s Ivy League education. "The defunding box canyon is a tactic that will fail and weaken our position." While it is well-timed for the White House to interrupt a bad slide, Obama’s singular focus on the budget battle is hardly a last-minute shift. Instead, it is a return to the narrative arc that the White House was working to build before the Syria crisis intervened. And it’s so important to the president’s strategy that White House officials didn’t consider postponing Monday’s rollout of the most partisan and high-stakes phase even when a shooter murdered a dozen people at Washington’s Navy Yard that morning. The basic storyline, well under way over the summer, was to have the AND leverage a debt-ceiling increase for Obamacare cuts would reverse progress made. The president is on firm ground, White House officials say, because he stands with the public in believing that the government shouldn’t shut down and that the country should pay its bills.
The plan causes an inter-branch fight that derails Obama’s agenda Douglas Kriner, Assistant Profess of Political Science at Boston University, 2010, After the Rubicon: Congress, Presidents, and the Politics of Waging War, p. 67-69
Raising or Lowering Political Costs by Affecting Presidential Political Capital Shaping both real and anticipated public opinion are two important ways in which Congress can AND were more important to the president than achieving unconditional victory over North Korea." While congressional support leaves the president’s reserve of political capital intact, congressional criticism saps AND that had suffered the highest casualty rates in the Iraq War.6° In addition to boding ill for the president’s perceived political capital and reputation, such AND a rear-guard action against congressional critics of the war in Iraq. When making their cost-benefit calculations, presidents surely consider these wider political costs of congressional opposition to their military policies. If congressional opposition in the military arena stands to derail other elements of his agenda, all else being equal, the president will be more likely to judge the benefits of military action insufficient to its costs than if Congress stood behind him in the international arena
That spills-over to government shutdown and US default—that kills the economy and US credibility Norm Ornstein, resident scholar at the American Enterprise Institute, 9/1/13, Showdowns and Shutdowns, www.foreignpolicy.com/articles/2013/09/01/showdowns_and_shutdowns_syria_congress_obama
Then there is the overload of business on the congressional agenda when the two houses AND debt ceiling, with devastating consequences for American credibility and the international economy. Beyond the deep policy and political divisions, Republican congressional leaders will likely use both AND over fiscal policy will bleed over into the debate about America and Syria.
Nuclear war Harris and Burrows ’9 (Mathew, PhD European History at Cambridge, counselor in the National Intelligence Council (NIC) and Jennifer, member of the NIC’s Long Range Analysis Unit "Revisiting the Future: Geopolitical Effects of the Financial Crisis" http://www.ciaonet.org/journals/twq/v32i2/f_0016178_13952.pdf, AM)
Of course, the report encompasses more than economics and indeed believes the future is AND within and between states in a more dog-eat-dog world.
T
A. Interpretation – Restrictions on authority confine the ability to execute operations Simpson, U.S. Appeals Judge for the Fifth Circuit, 1981 (Bowman Transportation v. Interstate Commerce Commission, 643 F.2d 285, Lexis) In three cases, Freight, All Kinds, L.C.L., AND limitation which had been imposed by the joint board, the Commission stated: The Commission ~7~ is always reluctant to impose restrictions in grants of operating AND an arbitrary weight limit is incompatible with the concept of "express service".
B. Violation DOD shift doesn’t restrict authority Spencer Ackerman, Wired DangerRoom, 3/20/13, Little Will Change If the Military Takes Over CIA’s Drone Strikes, www.wired.com/dangerroom/2013/03/military-drones/
Nor does the change to military drone control restrict the relevant legal authorizations in place. The Obama administration relies on an expansive interpretation of a 2001 congressional authorization to run its global targeted-killing program. If that authorization constrains the military to the "hot" battlefield of Afghanistan, someone forgot to tell the Joint Special Operations Command to get out of Yemen.
Financial barriers are not "restrictions" Brobeck, Phleger 26 Harrison 1999 (LLP, "V. LAW FIRMS AND ASSOCIATIONS," CALIFORNIA LEGAL ETHICS, http://www.law.cornell.edu/ethics/ca/narr/CA_NARR_5.HTM) Addressing the scope of the term "restrict" in CRPC 1-500, AND partnership agreement that imposes only reasonable costs on a departing partner is enforceable).
K
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 AND 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 AND 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 AND thus accountability to) actors inside and outside the presidency much more extensive.
CP
The executive branch of the United States federal government should issue and enforce an executive AND transparent review of targeted killing standards and procedures and clarify department doctrine publically.
Self-restraint is durable and sends a credible signal Eric Posner, The University of Chicago Law School Professor, and Adrian Vermeule, Harvard Law School Professor of Law, 2007, The Credible Executive, 74 U. Chi. L. Rev. 865
The Madisonian system of oversight has not totally failed. Sometimes legislators overcome the temptation AND but plausibly it is quite large; we will assume that it is. It is often assumed that this partial failure of the Madisonian system unshackles and therefore AND contracting failure that makes potentially everyone, including the voters, worse off. Our central question, then, is what the well-motivated executive can do AND mechanisms to help the well-motivated executive credibly distinguish himself as such. IV. Executive Signaling: Law and Mechanisms We suggest that the executive’s credibility problem can be solved by second-order mechanisms AND -motivated actors. Commitments themselves have value as signals of benign motivations. This departs from the usual approach in legal scholarship. Legal theory has often discussed AND support from the public and other members of the government. ~*895~ Furthermore, our question is subconstitutional: it is whether a well-motivated executive AND in actions that are less costly for good types than for bad types. We begin with some relevant law, then examine a set of possible mechanisms -emphasizing both the conditions under which they might succeed and the conditions under which they might not -and conclude by examining the costs of credibility. A. A Preliminary Note on Law and Self-Binding Many of our mechanisms are unproblematic from a legal perspective, as they involve presidential AND new political coalitions that will act to defend the new rules or policies. More schematically, we may speak of formal and informal means of self-binding:
The president might use formal means to bind himself. This is possible in the sense that an executive order, if otherwise valid, legally binds the president while it is in effect and may be enforced by the courts. It is not possible in the sense that the president can always repeal the executive order if he can bear the political and reputational costs of doing so. 2. The president might use informal means to bind himself. This is not AND as a breach of faith even if no other institution ever enforces it.
Executive order establishing transparency of targeting decisions resolves drone legitimacy and resentment Jennifer Daskal, Fellow and Adjunct Professor, Georgetown Center on National Security and the Law, Georgetown University Law Center, April 2013, ARTICLE: THE GEOGRAPHY OF THE BATTLEFIELD: A FRAMEWORK FOR DETENTION AND TARGETING OUTSIDE THE "HOT" CONFLICT ZONE, 161 U. Pa. L. Rev. 1165
4. Procedural Requirements Currently, officials in the executive branch carry out all such ex ante review of AND there is no equivalent effort in areas outside the active conflict zone. n164 Meanwhile, the degree of ex post review of detention decisions depends on the location of detention as opposed to the location of capture. Thus, ~*1219~ Guantanamo detainees are entitled to habeas review, but detainees held in Afghanistan are not, even if they were captured far away and brought to Afghanistan to be detained. n165 Enhanced ex ante and ex post procedural protections for both detention and targeting, coupled with transparency as to the standards and processes employed, serve several important functions: they can minimize error and abuse by creating time for advance reflection, correct erroneous deprivations of liberty, create endogenous incentives to avoid mistake or abuse, and increase the legitimacy of state action. a. Ex Ante Procedures Three key considerations should guide the development of ex ante procedures. First, any AND employed must be transparent and sufficiently credible to achieve the desired legitimacy gains. These considerations suggest the value of an independent, formalized, ex ante review system. Possible models include the Foreign Intelligence ~*1220~ Surveillance Court (FISC), n168 or a FISC-like entity composed of military and intelligence officials and military lawyers, in the mode of an executive branch review board. n169 Created by the Foreign Intelligence Surveillance Act (FISA) in 1978, n170 the AND an unauthorized disclosure of an application to or order from the FISC court. An ex parte review system for targeting and detention outside zones of active hostility could AND would leave target identification and time-sensitive decisionmaking to the operators. n174 Moreover, there should be a mechanism for emergency authorizations at the behest of the AND place) as soon as practicable but at most within seven days. n176 Finally, and critically, given the stakes in any application namely, the deprivation of life someone should be appointed to represent the potential target’s interests and put together the most compelling case that the individual is not who he is assumed to be or does not meet the targeting criteria. The objections to such a proposal are many. In the context of proposed courts AND to avoid ad hoc decisionmaking and will ensure consistency across administrations and time. Some also condemn the ex parte nature of such reviews. n179 But again, AND which an official is obligated to act as advocate for the potential target. That said, there is a reasonable fear that any such court or review board AND those features in and of themselves can lead to increased reflection and restraint. Additional accountability mechanisms, such as civil or criminal sanctions in the event of material misrepresentations or omissions, the granting of far-reaching authority to the relevant Inspectors General, and meaningful ex post review by Article III courts, n182 are also needed to help further minimize abuse. Conversely, some object to the use of courts or court-like review as AND Article III-FISC model, further addresses some of the constitutional concerns. Some also have warned that there may be no "case or controversy" for AND would be issuing a warrant for the most extreme type of seizure. n189 It is also important to emphasize that a reviewing court or review board would not AND available to deal with exceptional cases where ex ante approval is not possible. Additional details will need to be addressed, including the temporal limits of the court’s AND the threat, consistent with what courts regularly do when they issue warrants. In the absence of such a system, the President ought to, at a AND Given the stakes, a clear and convincing evidentiary standard is warranted. n195 While this proposal is obviously geared toward the United States, the same principles should apply for all states engaged in targeting operations. n196 States would ideally subject such determinations to independent review or, alternatively, clearly articulate the standards and procedures for their decisionmaking, thus enhancing accountability. b. Ex Post Review For targeted-killing operations, ex post reviews serve only limited purposes. They AND against rash ex ante decisionmaking, thereby providing a self-correcting mechanism. Ex post review should also be accompanied by the establishment of a solatia and condolence payment system for activities that occur outside the active zone of hostilities. Extension of such a system beyond Afghanistan and Iraq would help mitigate resentment caused by civilian deaths or injuries and would promote better accounting of the civilian costs of targeting operations. n198
DA
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 AND and avoid it when he knows that it will stand in his way.
The squo gives the president necessarily flexibility that the plan eviscerates John Bennett, Defense News, 5/24/13, White House Quietly Shifts Armed Drone Program from CIA to DoD, www.defensenews.com/article/20130524/DEFREG02/305240010/White-House-Quietly-Shifts-Armed-Drone-Program-from-CIA-DoD
That official, however — by calling it "a preference" that the military take the lead role — provided important wiggle room and signaled the CIA is not out of the targeted-killing business for good. To that end, a former senior CIA official told Defense News earlier this week following a not-for-attribution event in Washington that Obama and his senior national security advisers have wanted for some time to return the CIA to its core missions. "Do you want the nation’s top espionage agency conducting a paramilitary mission or performing espionage?" the former senior official asked rhetorically. "The agency, since 9/11, and it’s understandable, has gotten away from its core missions. A lot of the collection and analysis really is now used for targeting." The former senior official predicted the revamped drone program will give the president important legal flexibility. Turning his hand for effect as if turning the dial of a safe or adjusting a thermostat, the former senior CIA official concluded: "What you want is a dial, not a switch."
Congressional/judicial control of targeted killing destroys war fighting and turns the case. Issacharoff ’13 Samuel Issacharoff, Reiss Professor of Constitutional Law, New York University School of Law. and Richard H. Pildes, Sudler Family Professor of Constitutional Law, New York University School of Law; CoDirector, NYU Program on Law and Security, "Drones and the Dilemma of Modern Warfare," PUBLIC LAW 26 LEGAL THEORY RESEARCH PAPER SERIES WORKING PAPER NO. 13-34 Star Chamber=politicized secret court from 15th century England, symbol of abuse
Procedural Safeguards As with all use of lethal force, there must be procedures in place to AND , such as the intelligence committees, to play this role effectively.65
That goes nuclear 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. 26 Pub. Pol’y 373 2009 WAR POWERS IN THE FOURTH GENERATION OF WARFARE A. The Emergence of Non-State Actors Even as the quantity of nation-states in the world has increased dramatically since AND and action necessary to prevail in fourth-generational conflicts against fourthgenerational opponents.
Bioterror causes extinction Mhyrvold ’13 Nathan, Began college at age 14, BS and Masters from UCLA, Masters and PhD, Princeton "Strategic Terrorism: A Call to Action," Working Draft, The Lawfare Research Paper Series Research paper NO . 2 – 2013
As horrible as this would be, such a pandemic is by no means the AND be available to anybody with a solid background in biology, terrorists included.
solvency
Threat con doesn’t result in war Kaufman, Prof Poli Sci and IR – U Delaware, ’9 (Stuart J, "Narratives and Symbols in Violent Mobilization: The Palestinian-Israeli Case," Security Studies 18:3, 400 – 434)
Even when hostile narratives, group fears, and opportunity are strongly present, war AND and opportunity spur hostile attitudes, chauvinist mobilization, and a security dilemma.
No internal link Kydd 97 (Assistant professor of political science, University of California, Riverside, Sheep in Sheep’s clothing: Why security seekers do not fight each other, Security Studies)
I HAVE ARGUED that the search for security does not lead to conflict, in AND security does not lead to conflict in the absence of genuinely aggressive states.
Life is always valuable Torchia 2, Professor of Philosophy, Providence College, Phd in Philosophy, Fordham College (Joseph, "Postmodernism and the Persistent Vegetative State," The National Catholic Bioethics Quarterly Summer 2002, Vol. 2, No. 2, http://www.lifeissues.net/writers/torc/torc_01postmodernismandpvs1.html)
Ultimately, Aquinas’ theory of personhood requires a metaphysical explanation that is rooted in an AND Esse thereby embraces all that the person is and is capable of doing. In the final analysis, any attempt to define the person in terms of a AND a community of free moral agents capable of responsibilities and worthy of rights. In contrast to such an isolated and enclosed conception (i.e., whereby AND has, but rather in the simple unqualified presence the person is.43
Predictions and scenario building are valuable for decision-making, even if they’re not perfect Garrett 12 Banning, In Search of Sand Piles and Butterflies, director of the Asia Program and Strategic Foresight Initiative at the Atlantic Council. http://www.acus.org/disruptive_change/search-sand-piles-and-butterflies
"Disruptive change" that produces "strategic shocks" has become an increasing AND respond, and our ability to see opportunities that we would otherwise miss.
They read a Giroux card—You shouldn’t throw out productive parts of the system—that’s the worst possible way to fight oppression Benjamin Franks 7, Lecturer in Social and Political Philosophy at the University of Glasgow, "Who Are You to tell me to Question Authority?", Variant issue 29, http://www.variant.org.uk/29texts/Franks29.html
Potentially stronger criticisms of Giroux’s text lie precisely in his underlying hypothesis concerning the totalising AND or fails to measure up to the ’educators’ standard of critical evaluation.
A Drone Court? Certain former Obama Administration officials, the editorial board of The AND transnational terrorist organizations no longer present an imminent threat to the United States.
At a time when controversy over the Obama administration’s drone program seems to be cresting AND other aspects of the institutionalization plan, may be just what he needs.
Obama’s regulating the drone program—solves sustainability and signal Corn 13 David Corn, Washington bureau chief of Mother Jones magazine and an MSNBC commentator, Mother Jones, May 23, 2013, " Obama’s Counterterrorism Speech: A Pivot Point on Drones and More?", http://www.motherjones.com/mojo/2013/05/obama-speech-drones-civil-liberties
So Obama’s speech Thursday on counterterrorism policies—which follows his administration’s acknowledgment yesterday that AND 11 period. That journey, though, may be a long one.
Targeted killing regulation is impossible Alston, professor – NYU Law, ’11 (Philip, 2 Harv. Nat’l Sec. J. 283)
Despite the existence of a multiplicity of techniques by which the CIA might be held AND question doctrine, the state secrets privilege, and a reluctance to prosecute,
ensure that the courts have indeed allowed the CIA to fall into a convenient legal AND turn now to examine the feasibility and desirability of pursuing such an option.
2NC
2nc—-at we meet
They don’t prohibit the power to act, which is "authority" – it is still granted Merriam-Webster’s Dictionary of Law 1996 ("Authority," Credo Reference, Georgetown University Library) au•thor•i•ty n, pl -ties 1
an official decision of a court used esp. as a precedent 2 a
a power to act esp. over others that derives from status, position, or office ?the ~ of the president?; also : jurisdiction b
the power to act that is officially or formally granted (as by statute, corporate bylaw, or court order) ?within the scope of the treasurer’s ~? ?police officers executing a warrant…are not required to "knock and announce" their ~ and purposes before entering — National Law Journal? c
power and capacity to act granted by someone in a position of control; specif : the power to act granted by a principal to his or her agent
2nc at ci
There’s a clear brightline—-restrictions sets a ceiling—- not just process USCA 77, UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT, 564 F.2d 292, 1977 U.S. App. LEXIS 10899,. 1978 Fire 26 Casualty Cases (CCH) P317 Continental argues that even if the Aetna and Continental policies provide coverage for the Cattuzzo accident, that coverage should ~8~ be limited to a total of 24300,000 because Atlas agreed to procure "not less than" 24300,000 coverage. The District Court properly found that the subcontract language does not support a restriction on the terms of Continental’s policy because the subcontract only sets a floor, not a ceiling, for coverage.
2nc do both
The perm is the worst of all worlds—aff or CP are individually better Metzger ’9 Gillian, Professor of Law, Columbia Law School, "THE INTERDEPENDENT RELATIONSHIP BETWEEN INTERNAL AND EXTERNAL SEPARATION OF POWERS," 59 Emory L.J. 423
Equally important, the relationship between internal and external separation of powers is reciprocal: AND by the concerns of military lawyers about how the tribunals were functioning. n102
2nc at delay/circumvention
Comparative risk of delay and circumvention is higher with the plan Metzger, professor of law at Columbia, 2009 (Gillian E., THE INTERDEPENDENT RELATIONSHIP BETWEEN INTERNAL AND EXTERNAL SEPARATION OF POWERS, 59 Emory L.J. 423, Lexis)
Several bases exist for thinking that internal separation of powers mechanisms may have a comparative AND perceived as contributing to more fully informed and expertise-based decisionmaking. n79
If the only thing we knew about national security was what we learned from Hollywood AND interest to say no; doing so advances their personal and institutional welfare.
2nc at rollback
And executive orders have the force of law: Oxford Dictionary of English 2010 (Oxford Reference, Georgetown Library) executive order ? noun US (Law) a rule or order issued by the President to an executive branch of the government and having the force of law.
Executive orders are permanent Duncan, Associate Professor of Law at Florida A26M, Winter 2010 (John C., "A Critical Consideration of Executive Orders," 35 Vt. L. Rev. 333, Lexis)
The trajectory of the evolution of the executive power in the United States, as AND an ever more robust structure of executive orders resembles an autopoietic process. n561
Creates a stable legal framework that constrains future presidents Brecher, JD University of Michigan, December 2012 (Aaron, Cyberattacks and the Covert Action Statute, 111 Mich. L. Rev. 423, Lexis)
The executive might also issue the proposed order, even though it would limit her AND nature of cyberoperations before passing detailed statutes that may result in unintended consequences.
2nc follow on
Creates a precedent for future administrations and leads to Congressional follow-on Duncan, Associate Professor of Law at Florida A26M, Winter 2010 (John C., "A Critical Consideration of Executive Orders," 35 Vt. L. Rev. 333, Lexis) Executive orders can serve the purpose of allowing the President to generate favorable publicity, AND and health." n496 This report led to the Social Security Act. n497
2nc solves signal
CP sends the most powerful signal (while avoiding Congressional confrontation) Zbigniew Brzezinski, national security advisor under U.S. President Jimmy Carter, 12/3/12, Obama’s Moment, www.foreignpolicy.com/articles/2012/12/03/obamas_moment
In foreign affairs, the central challenge now facing President Barack Obama is how to AND to confront him. This is exactly what Obama needs to do now.
Self-restraint creates a credible signal Eric Posner, Professor of Law, The University of Chicago Law School, and Adrian Vermeule, Professor of Law, Harvard Law School, 2007, The Credible Executive, 74 U. Chi. L. Rev. 865
Our aim in this Article is to identify this dilemma of credibility that afflicts the AND to actions or policies that only a well-motivated president would adopt.
Their solvency deficits assume the squo which the CP resolves Eric Posner, Professor of Law, The University of Chicago Law School, and Adrian Vermeule, Professor of Law, Harvard Law School, 2007, The Credible Executive, 74 U. Chi. L. Rev. 865
For presidents, credibility is power. With credibility, the formal rules of the AND have tried to identify, those mechanisms can make all concerned better off.
2nc transparency solves
Transparency solves John Harwood, Major, J.D. and LL.M., Judge Advocate in USAF, Fall 2012, ARTICLE: KNOCK, KNOCK; WHO’S THERE? ANNOUNCING TARGETED KILLING PROCEDURES AND THE LAW OF ARMED CONFLICT, 40 Syracuse J. Int’l L. 26 Com. 1
While the law may not require states to publicly disclose their targeting procedures and an AND procedures would "credibly convey to the public that ~the government’s~ decisions
about who is being targeted - ~*26~ especially when the target is a AND .S. is committed to the rule of law during armed conflict.
Transparency solves Washington Post, 11/1/’12 ("Pulling the U.S. drone war out of the shadows," Editorial Board)
All of this causes increasing unease among Americans of both political parties — not to AND the world is contrary to U.S. interests and ultimately unsustainable.
2nc solves modeling
Solves drone modeling Twomey, JD candidate – Trinity College Dublin, 3/14/’13 (Laura, "Setting a Global Precedent: President Obama’s Codification of Drone Warfare," Cambridge Journal of International and Comparative Law Blog)
It is clear that, as the first State to deploy remote targeting technology in AND warfare, a model which lacks a clear enemy and a demarcated battlefield.
92nc effective constraint
Political constraints solve TK Gregory McNeal, Pepperdine University Professor, 3/15/13, Presidential Politics, International Affairs and (a bit on) Pakistani Sovereignty, www.lawfareblog.com/2013/03/presidential-politics-international-affairs-and-a-bit-on-pakistani-sovereignty/
Despite this lack of interest, some evidence exists to suggest that presidents do care AND next post will discuss reform recommendations that can enhance accountability for targeted killings.
2nc ov
Restrictions cause global Al Qaeda spread—destabilizes multiple hotspots James Carafano, Ph.D., Heritage VP for Foreign and Defense Policy Studies, 2/27/13, Drone of Battle, www.heritage.org/research/commentary/2013/2/drone-of-battle
Drone strikes and other covert operations clearly serve a military purpose: defending the U AND real possibility that it may be losing the larger war against radical Islamism.
Caucuses escalates Merry, senior fellow for Europe and Eurasia – American Foreign Policy Council, 1/31/’13 (E. Wayne, "Another Regional War in the Wings," The National Interest)
Two decades ago the newly independent states of Armenia and Azerbaijan fought a bitter war AND , in a new Karabakh war, Iran might seek to settle accounts.)
Afghanistan goes nuclear Morgan 7 (Stephen John, former National Executive Officer of the British Labour Party, his responsibilities included international relations, ethnic minority work, women’s issues, finance, local government and organization, he specialised particularly in international crisis situations spending long periods working in Belfast, in efforts to overcome sectarian strife and terrorism, former Director of WIC, a research and publishing company based in London, he went to live in Budapest during the Gorbachov period from where he helped build opposition groups in the underground in Hungary, Yugoslavia, Bulgaria and East Germany, Stephen left active politics in the early 1990 and came to live in Brussels, where he established and managed his own publishing company, has lived and worked in more than 27 different countries, including underground political work during the troubles in in Northern Ireland and war in Yugoslavia, http://www.electricarticles.com/display.aspx?id=639)
Although disliked and despised in many quarters, the Taliban could not advance without the AND slogan of «Better another Taliban Afghanistan, than a Taliban NUCLEAR Pakistan21
2nc squo solves
And solves drone sustainability Matthew Waxman, 3/20/13, Going Clear, www.foreignpolicy.com/articles/2013/03/20/going_clear
So, moving operations to the Pentagon may modestly improve transparency and compliance with the AND perhaps more restrained and formalized, long-term policy of targeted killing.
2nc circumvention
No political will to implement the plan Druck, JD – Cornell Law, ’12 (Judah, 98 Cornell L. Rev. 209)
There are obvious similarities between the causes and effects of the public scrutiny associated with AND in success, n129 we can expect even less congressional WPR en-forcement
as more military engagements are supported (or, at the very least, ignored AND not conducive to the formation of a substantial check on presidential action. n134
1NR
2nc ov
Howell ’7 William, professor of political science at U-Chicago, and Jon C. Pevehouse, professor of Political Science UW-Madison, "While Dangers Gather : Congressional Checks on Presidential War Powers," 2007 ed.
SIGNALING RESOLVE To the extent that congressional discontent signals domestic irresolution to other nations, AND president lacks support may make them wary of committing any troops at all. Also causes rollback/circumvention Laura Young, Ph.D., Purdue University Associate Fellow, June 2013, Unilateral Presidential Policy Making and the Impact of Crises, Presidential Studies Quarterly, Volume 43, Issue 2 A president looks for chances to increase his power (Moe and Howell 1999). AND policy formation process. In short, focusing events increase presidential unilateral power.
Outweighs their mechanism Laura Young, Ph.D., Purdue University Associate Fellow, June 2013, Unilateral Presidential Policy Making and the Impact of Crises, Presidential Studies Quarterly, Volume 43, Issue 2
During periods of crisis, the time available to make decisions is limited. Because AND regardless of the institutional make-up of government or his persuasive abilities.
2nc spill
Spills over to all military action Howell ’7 William, professor of political science at U-Chicago, and Jon C. Pevehouse, professor of Political Science UW-Madison, "While Dangers Gather : Congressional Checks on Presidential War Powers," 2007 ed. Immersed in all of the uncertainty that precedes war, presidents struggle mightily to assess AND this book, we discuss in some detail how presidents make this calculation.
2nc ext.
Only constrains humanitarian operations Goldsmith 8/31/13 Jack, Henry L. Shattuck Professor at Harvard Law School, where he teaches and writes about national security law, presidential power, cybersecurity, international law, internet law, foreign relations law, and conflict of laws. Before coming to Harvard, Professor Goldsmith served as Assistant Attorney General, Office of Legal Counsel from 2003–2004, and Special Counsel to the Department of Defense from 2002–2003. Professor Goldsmith is a member of the Hoover Institution Task Force on National Security and Law, "Obama’s Request to Congress Will Not Hamstring Future Presidents (Except for Some Humanitarian Interventions)," http://www.lawfareblog.com/2013/08/obamas-request-to-congress-will-not-hamstring-future-presidents-except-for-some-humanitarian-interventions/
Peter Spiro at OJ, and David Rothkopf of FP whom he cites, both AND constitutional perspective, for the President in this context to seek congressional approval.
at: secrecy bad
They are just wrong – less secrecy undermines warfighting – even if secrecy in the context of drones is bad the transparency movement started by the plan is devestating Carrie Cordero, Former Justice Dept. Official, Georgetown University Law Center National Security Studies Director, 6/7/13, Why These Leaks Hurt, www.lawfareblog.com/2013/06/why-these-leaks-hurt/ Without discussing the order or collection programs themselves—which were, and remain— AND the government, but on its investors, customers, owners and users.
—xt posner and vermule
Political constraints check Eric Posner, Professor of Law, The University of Chicago Law School, and Adrian Vermeule, Professor of Law, Harvard Law School, March 2011, The Executive Unbound, p. 176-7
So far we have attempted to show that the administrative state relaxes legal constraints on AND dictatorship? If so, does it reduce the risk or increase it?
Bureaucracy checks, doesn’t enable tyranny Eric Posner, Professor of Law, The University of Chicago Law School, and Adrian Vermeule, Professor of Law, Harvard Law School, March 2011, The Executive Unbound, p. 59
The upshot of the massive size of the executive is that the president can exert AND the slack left by the collapse of liberal institutions outside the executive.86
4) Ethics focus turns the K - Focus on guilt-based pancea politics leads to compassion fatigue that results in a net-decrease in ethical acts Moeller, 99 Dr. Susan Moeller is the director of the International Center for Media and the Public Agenda (ICMPA), an academic center that forms a bridge between the College of Journalism and the School of Public Policy at the University of Maryland, College Park. She is Professor of Media and International Affairs in the Philip Merrill College of Journalism at the University of Maryland and an affiliated faculty member at the School of Public Policy. "Compassion Fatigue : How the Media Sells Disease, Famine, War and Death" http://site.ebrary.com.proxy.lib.umich.edu/lib/umich/docDetail.action?docID=10054625 pg. 9-12 BJM It all started with an advertising campaign. We have all been cued by that AND may simply work to pre-empt attention of "competing" events.
11/8/13
Round 6 App State
Tournament: App State | Round: 6 | Opponent: Mary Washington Stackhouse-Young | Judge: Whitmore
1NC
DA
Iran deal now—the delay gave Obama time to win over Congress, but signal of presidential resolve is key—failure causes nuclear war. Rothkopf 11/12/13 David, Visiting Scholar, Carnegie Endowment, "This Deal Won’t Seal Itself," http://carnegieendowment.org/2013/11/12/this-deal-won-t-seal-itself/gtpi
Rest assured however, there are several reasons this apparent screwup will not result in AND those that may emerge elsewhere (as in Western Afghanistan, for example).
Specifically, the plan undermines Obama’s war power credibility which kills negotiations Matthew Waxman, professor of law at Columbia Law School and an adjunct senior fellow at the Council on Foreign Relations. He previously served as principal deputy director of policy planning (2005–7) and acting director of policy planning (2007) at the US Department of State, 1/28/13, Executive-Congressional Relations and National Security, www.advancingafreesociety.org/the-briefing/executive-congressional-relations-and-national-security/
The last four years should have been a good period for executive-congressional relations in the areas of national security and foreign affairs. The president, vice president, and secretary of state were former Senators. They all viewed President George W. Bush as too inclined to bypass or ignore Congress and they promised to do better. And the Obama administration started with Democratic majorities in the House and Senate. It is thus surprising that the past four years have been notable for inter- AND and be willing to negotiate compromises or wage aggressive campaigns on key issues. Congress has repeatedly stifled the president’s signature counterterrorism promise to close the Guantanamo Bay detention AND , which were always abandoned in the end and now carry little credibility. With regard to war powers, the administration barely escaped a significant congressional rebuke after AND the intervention. But Obama might not be so lucky the next time. As to treaties, the administration garnered super-majority Senate advice and consent on AND , for example, to crisis hotspots in Asia and in commercial spheres. To be clear, the Obama administration has scored successes, too. For example AND and dysfunction as much in international affairs as it is in domestic affairs. Going forward, the Obama administration will need to bring the same kind of sustained AND negotiated as necessary to get the key votes in favor of the treaty. On some issues, the administration will need to decide on a coherent policy internally AND to be undecided about what, if anything, it wants from Congress. Another area in which executive-congressional relations will feature heavily is Iran’s nuclear build AND it will find its freedom to maneuver and deliver on assurances severely constrained.
K
The affirmative re-inscribes the primacy of liberal legalism as a method of restraint—that 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 AND 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 AND 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. 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 AND thus accountability to) actors inside and outside the presidency much more extensive.
CP
The executive branch of the United States federal government should issue and enforce an executive order to establish a national security court housed within the executive branch to oversee targeted killing with an expeditious review process and maintain program transparency. Counterplan solves the case better—plan crushes drone effectiveness. Katyal 13 (Neal, a former acting solicitor general, is a professor of national security law at Georgetown and a partner at the law firm Hogan Lovells, "Who Will Mind the Drones?", February 20, 2013, http://www.nytimes.com/2013/02/21/opinion/an-executive-branch-drone-court.html?_r=0~~23h~~~~, ZBurdette)
IN the wake of revelations about the Obama administration’s drone program, politicians from both parties have taken up the idea of creating a "drone court" within the federal judiciary, which would review executive decisions to target and kill individuals. But the drone court idea is a mistake. It is hard to think of something less suitable for a federal judge to rule on than the fast-moving and protean nature of targeting decisions. Fortunately, a better solution exists: a "national security court" housed within the executive branch itself. Experts, not generalists, would rule; pressing concerns about classified information would be minimized; and speedy decisions would be easier to reach. There is, of course, a role for federal courts in national security. In 2006, I argued and won Hamdan v. Rumsfeld, a Supreme Court case that struck down President George W. Bush’s use of military tribunals at Guantánamo Bay. But military trials are a far cry from wartime targeting decisions. And the Foreign Intelligence Surveillance Court, which reviews administration requests to collect intelligence involving foreign agents inside the country and which some have advocated as a model for the drone court, is likewise appropriately housed within the judicial system — it rules on surveillance operations that raise questions much like those in Fourth Amendment "search and seizure" cases, a subject federal judges know well. But there is no true precedent for interposing courts into military decisions about who, what and when to strike militarily. Putting aside the serious constitutional implications of such a proposal, courts are simply not institutionally equipped to play such a role. There are many reasons a drone court composed of generalist federal judges will not work. They lack national security expertise, they are not accustomed to ruling on lightning-fast timetables, they are used to being in absolute control, their primary work is on domestic matters and they usually rule on matters after the fact, not beforehand. Even the questions placed before the FISA Court aren’t comparable to what a drone court would face; they involve more traditional constitutional issues — not rapidly developing questions about whether to target an individual for assassination by a drone strike. Imagine instead that the president had an internal court, staffed by expert lawyers to represent both sides. Those lawyers, like the Judge Advocate General’s Corps in the military, would switch sides every few years, to develop both expertise as repeat players and the ability to understand the other point of view. The adjudicator would be a panel of the president’s most senior national security advisers, who would issue decisions in writing if at all possible. Those decisions would later be given to the Congressional intelligence committees for review. Crucially, the president would be able to overrule this court, and take whatever action he thought appropriate, but would have to explain himself afterward to Congress. Such a court would embed accountability and expertise into the drone program. With a federal drone court, it would simply be too easy for a president or other executive-branch official to point his finger at a federal judge for the failure to act. With an internal court, it would be impossible to avoid blame. It’s true that a court housed within the executive branch might sound nefarious in today’s "Homeland" culture — if Alexander Hamilton celebrated the executive, in Federalist No. 70, for its "decision, activity, secrecy and dispatch," some now look at those same qualities with skepticism, if not fear. In contrast, advocates of a drone court say it would bring independent, constitutional values of reasoned decision making to a process that is inherently murky. But simply placing a drone court in the judicial branch is not a guaranteed check AND think that judges are better than specialists at keeping executive power in check? The written decisions of an internal national security court, in contrast, would be products of an adversarial system (unlike the FISA Court), and later reviewed by Congressional intelligence committees. If members of Congress saw troublesome trends developing, it could push legislation to constrain the executive. That is something a federal judge cannot do. One of our Constitution’s greatest virtues is that it looks to judges as a source of reasoned, practical, rights-minded decision making. But judges should be left to what they know. A national security court inside the executive branch may not be a perfect solution, but it is a better way to balance the demands of secrecy and speed with those of liberty and justice.
Look up: that buzz you hear overhead is the "drone court." Washington’s idea of the week is a secret court, based on the Foreign Intelligence AND a certification that lethal force can be used against the "enemy combatant." Sen. Dianne Feinstein spoke favorably about the idea at confirmation hearings for C.I.A. Director-designate John Brennan. So did former Defense Secretary Robert Gates. Thursday, the New York Times joined in the chorus. Americans love courts and judges. But they trust them because, in our system AND particularly, they may not become an advisory agency of the executive branch. The idea of a "drone court" would send federal courts into areas they have never gone before, and indeed from which, I think, the text of the Constitution bars them. It could also put the integrity of our court system at risk. Let’s frame the issue properly. The present administration does not claim that the president AND international terrorism against the United States by such nations, organizations or persons." Unlike the fictional President Bennett in Tom Clancy’s Clear and Present Danger, then, President Obama can’t suddenly send the drone fleet down to take out, say, Colombian drug lords or the Lord’s Resistance Army in Uganda. That’s a marked change from the overall position of the last administration, and it’s an important limitation on the president’s claimed authority. But because of that limitation, a court would be supervising the president’s command decisions AND or a SEAL Team. Courts simply aren’t equipped to decide military tactics. The FISA Court, on the other hand, doesn’t really reach beyond Article III—judges since ancient times have issued warrants for searches and arrests, and the individuals being spied on are suspected of crimes against the United States. But I don’t know of a deep-rooted tradition of common-law courts telling the shire reeve he can hunt someone down and kill him without trial. There’s yet another problem: what criteria would a "drone court" apply? AND , and created a panel of poorly trained generals in sloppy black uniforms. Finally, in time of war, there will be occasions when a target emerges and decisions must be made too quickly for even a secret court proceeding. And thus the "drone court" would not be able to rule on some cases; an ambitious president could find many exceptions.
It spills over to destabilize all war powers. Heder ’10 (Adam, J.D., magna cum laude , J. Reuben Clark Law School, Brigham Young University, "THE POWER TO END WAR: THE EXTENT AND LIMITS OF CONGRESSIONAL POWER," St. Mary’s Law Journal Vol. 41 No. 3, http://www.stmaryslawjournal.org/pdfs/Hederreadytogo.pdf) This constitutional silence invokes Justice Rehnquist’s oftquoted language from the landmark "political question" AND Constitution in an area where the Framers themselves declined to give such guidance.
That goes nuclear 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. 26 Pub. Pol’y 373 2009 WAR POWERS IN THE FOURTH GENERATION OF WARFARE A. The Emergence of Non-State Actors Even as the quantity of nation-states in the world has increased dramatically since AND and action necessary to prevail in fourth-generational conflicts against fourthgenerational opponents.
DA 3
Obama pushing immigration—it’ll get through Reid Epstein, Politico, 11/13/13, Obama: Don’t let ACA problems stop immigration, dyn.politico.com/printstory.cfm?uuid=D92FF3A4-19D5-41D2-A8F1-C56D6BC23E08
President Barack Obama gave immigration reform advocates a simple message Wednesday: Don’t let Obamacare AND order to have the justification for voting the way they already want to."
The plan sparks an inter-branch fight – kills the agenda Douglas Kriner, Assistant Profess of Political Science at Boston University, 2010, After the Rubicon: Congress, Presidents, and the Politics of Waging War, p. 67-69
Raising or Lowering Political Costs by Affecting Presidential Political Capital Shaping both real and anticipated public opinion are two important ways in which Congress can AND were more important to the president than achieving unconditional victory over North Korea." While congressional support leaves the president’s reserve of political capital intact, congressional criticism saps AND that had suffered the highest casualty rates in the Iraq War.6° In addition to boding ill for the president’s perceived political capital and reputation, such AND a rear-guard action against congressional critics of the war in Iraq. When making their cost-benefit calculations, presidents surely consider these wider political costs of congressional opposition to their military policies. If congressional opposition in the military arena stands to derail other elements of his agenda, all else being equal, the president will be more likely to judge the benefits of military action insufficient to its costs than if Congress stood behind him in the international arena
That destroys immigration’s passage—otherwise Obama will lock-up a House vote Bill Scher, The Week, 10/18/13, How to make John Boehner cave on immigration, theweek.com/article/index/251361/how-to-make-john-boehner-cave-on-immigration
Speaker John Boehner (R-Ohio) generally adheres to the unwritten Republican rule that bars him from allowing votes on bills opposed by a majority of Republicans, even if they would win a majority of the full House. But he’s caved four times this year, allowing big bills to pass with mainly Democratic support. They include repealing the Bush tax cuts for the wealthiest Americans; providing Hurricane Sandy relief; expanding the Violence Against Women act to better cover immigrants, Native Americans, and LGBT survivors of abuse; and this week’s bill raising the debt limit and reopening the federal government. Many presume the Republican House is a black hole sucking President Obama’s second-term agenda into oblivion. But the list of Boehner’s past retreats offers a glimmer of hope, especially to advocates of immigration reform. Though it has languished in the House, an immigration overhaul passed with bipartisan support in the Senate, and was given a fresh push by Obama in the aftermath of the debt limit deal. The big mystery that immigration advocates need to figure out: What makes Boehner cave? Is there a common thread? Is there a sequence of buttons you can push that forces Boehner to relent? Two of this year’s caves happened when Boehner was backed up against hard deadlines: AND both times, but he was not willing to risk blowing the deadline. A third involved the response to an emergency: Hurricane Sandy. Conservative groups were AND the floor, allowing it to pass over the objections of 179 Republicans. The fourth cave occurred in order to further reform and expand a government program: AND weeks later, the House passed the Senate bill with 138 Republicans opposed. Unfortunately for immigration advocates, there is no prospect of widespread pain if reform isn’t passed. There is no immediate emergency, nor threat of economic collapse. But there is a deadline of sorts: The 2014 midterm elections. If we’ve learned anything about Boehner this month, it’s that he’s a party man to the bone. He dragged out the shutdown and debt limit drama for weeks, without gaining a single concession, simply so his most unruly and revolutionary-minded members would believe he fought the good fight and stay in the Republican family. What he won is party unity, at least for the time being. What Boehner lost for his Republicans is national respectability. Republican Party approval hit a record low in both the most recent NBC/Wall Street Journal poll and Gallup poll. Here’s where immigration advocates have a window of opportunity to appeal to Boehner’s party pragmatism. Their pitch: The best way to put this disaster behind them is for Republicans to score a big political victory. You need this. A year after the Republican brand was so bloodied that the Republican National Committee had to commission a formal "autopsy," party approval is the worst it has ever been. You’ve wasted a year. Now is the time to do something that some voters will actually like. There’s reason to hope he could be swayed. In each of the four cases in which he allowed Democrats to carry the day, he put the short-term political needs of the Republican Party over the ideological demands of right-wing activists. Boehner will have to do another round of kabuki. He can’t simply swallow the AND . Boehner will need to given the room to do all this again. But he won’t do it without a push. A real good push.
Reform is key sticking point in the India relationship Neil Ruiz, Brookings Institute, 9/18/13, H-1B Visas and Immigration Reform: A Sticking Point in the U.S.-India Relationship , www.brookings.edu/blogs/up-front/posts/2013/09/18-immigration-reform-us-india-ruiz
Indian Prime Minister Manmohan Singh will be meeting with President Obama in Washington next week AND be a sticking point in next week’s U.S.-India talks.
That’s key to central Asian stability Gupta 5, Visiting Professor in the Department of Strategy and International Security at the U.S. Air War College, (Amit, " THE U.S.-INDIA RELATIONSHIP: STRATEGIC PARTNERSHIP OR COMPLEMENTARY INTERESTS?" February, http://www.strategicstudiesinstitute.army.mil/pdffiles/pub596.pdf)
The other area where Indian military capability could be harnessed to facilitate American interests is AND engagement. Both these avenues intersect in the growth of India’s soft power.
Extinction Blank 2k ~Stephen J. - Expert on the Soviet Bloc for the Strategic Studies Institute, "American Grand Strategy and the Transcaspian Region", World Affairs. 9-22~
Thus many structural conditions for conventional war or protracted ethnic conflict where third parties intervene AND 5) neither has willing proxies capable of settling the situation.(77)
Solvency
Drone court is unworkable—doesn’t solve legitimacy Vladeck, professor of law – American University Washington College of Law, 2/27/’13 (Stephen I., "Statement of Stephen I. Vladeck Professor of Law and Associate Dean for Scholarship American University Washington College of Law," TARGETING AMERICAN TERRORISTS OVERSEAS; HOUSE JUDICIARY COMMITTEE, CQ)
This ties together with the related point of just how difficult it would be to AND and practically possible, a drone court would be a very dangerous idea.
Adv 2
No groupthink Anthony Hempell 4 ~User Experience Consulting Senior Information Architect, "Groupthink: An introduction to Janis’ theory of concurrence-seeking tendencies in group work., http://www.anthonyhempell.com/papers/groupthink/, March 3~ In the thirty years since Janis first proposed the groupthink model, there is still AND a testable variable (Hogg 26 Hains, 1998; Park, 2000). Some researchers have criticized Janis for categorically denouncing groupthink as a negative phenomenon (Longley AND Thompson 26 McGrath, 1990, cited in Choi 26 Kim, 1999). Another criticism of groupthink is that Janis overestimates the link between the decision-making process and the outcome (McCauley, 1989; Tetlock, Peterson, McGuire, Chang 26 Feld, 1992; cited in Choi 26 Kim, 1999). Tetlock et al argue that there are many other factors between the decision process and the outcome. The outcome of any decision-making process, they argue, will only have a certain probability of success due to various environmental factors (such as luck). A large-scale study researching decision-making in seven major American corporations concluded that decision-making worked best when following a sound information processing method; however these groups also showed signs of groupthink, in that they had strong leadership which attempted to persuade others in the group that they were right (Peterson et al, 1998, cited in Sunstein, 2003). Esser (1998) found that groupthink characteristics were correlated with failures; however cohesiveness did not appear to be a factor: groups consisting of strangers, friends, or various levels of previous experience together did not appear to effect decision-making ability. Janis’ claims of insulation of groups and groups led by autocratic leaders did show that these attributes were indicative of groupthink symptoms. Moorhead 26 Montanari conducted a study where they concluded that groupthink symptoms had no significant effect on group performance, and that "the relationship between groupthink-induced decision defects and outcomes were not as strong as Janis suggests" (Moorhead 26 Montanari, 1986, p. 399; cited by Choi 26 Kim, 1999). Overall, the groupthink hypothesis appears to be valuable as a descriptive, analytic and AND that can help illuminate the inexact spheres of organizational behaviour and communications theory.
Their backlash link is about drone strikes, not all drone tech – no current strikes against AQIM – their card: Zenko, CFR Center for Preventive Action Douglas Dillon fellow, 2013 (Micah, Council Special Report No. 65, January 2013, "Reforming U.S. Drone Strike Policies," http://www.cfr.org/wars-and-warfare/reforming-us-drone-strike-policies/p29736?co=C009601)
In his Nobel Peace Prize acceptance speech, President Obama declared: "Where force AND likelihood of civilian casualties since the total number of strikes would significantly decrease). The choice the United States faces is not between unfettered drone use and sacrificing freedom AND terrorist attacks, unprecedented domestic political pressure led to significant reforms or termination. 22 Recommendations 23 Compared to Bush-era counterterrorism policies, drone strikes are vulnerable to similar— AND percent), Japan (75 percent), and Pakistan (83 percent).67 This is significant because the United States cannot conduct drone strikes in the most critical AND the human intelligence networks on the ground that are critical for identifying targets. According to U.S. diplomats and military officials, active resis- tance—such as the Pakistani army shooting down U.S. armed drones— is a legitimate concern. In this case, the United States would need to either end drone sorties or escalate U.S. military involvement by attack- ing Pakistani radar and antiaircraft sites, thus increasing the likelihood of civilian casualties.68 Beyond where drone strikes currently take place, political pressure could severely limit options for new U.S. drone bases. 24 Reforming U.S. Drone Strike Policies For example, the Obama administration is debating deploying armed drones to attack al- AND if the United States modified its drone policy in the ways suggested below.
But our effort in Africa is only surveillance – and drones can’t solve AQIM – Obama will never commit Giorgis, visiting fellow at the Foundation for the Defense of Democracies and former senior official in the Ethiopian government, 8/13/2013 (Dawit, "Absent from Africa," http://www.ethiomedia.com/2013report/4600.html) For Africans, the concern is that President Obama did not read the second half AND , as Al Qaeda affiliates and other jihadi groups increasingly destabilize the continent. Despite President Obama’s assertions to the contrary, the Global War on Terror is very AND armed drones, the agreement only stipulates the use of unmanned surveillance drones. If the United States were simply claiming an end to the War on Terror while AND to send drones to troubled areas that do not directly impact its interests. But expanding drone bases in Africa will not offset the recent gains made by Al AND only willing to commit drones, how does he propose to train them? African problems are growing. In the Sahel, Al Qaeda has affiliates and sympathetic AND have been tied to AQIM—continues to wage war against the government. Unfortunately, solutions to these problems are less apparent. African governments that are prepared AND battlefield because it does not have the resources to fight a protracted war. American surveillance drones are not helping. They are merely giving American intelligence agencies an accurate picture of what is happening on the ground. This may suggest that Washington now understands the challenge, but remains reluctant to become involved in a meaningful capacity. Terrorists won’t use WMD Forest 12 (James, PhD and Director of Terrorism Studies and an associate professor at the United States Military Academy, "Framework for Analyzing the Future Threat of WMD Terrorism," Journal of Strategic Security, Volume 5, Number 4, Article 9, Winter 2012, http://scholarcommons.usf.edu/cgi/viewcontent.cgi?article=119326context=jss)NOTE—-CBRN weapon = chemical, biological, radiological or nuclear weapon
The terrorist group would additionally need to consider whether a WMD attack would be counterproductive AND , or the Chechen’s deliberations about attacking Russia, with such a weapon.
The risk of an accidental release of H5N1 is similar to that of other infectious AND also cannot be visibly ill because that would limit the necessary human contact.
Oil price shocks are not always costly for oil-importing countries as a 25 AND of 1, spread over 2–3 years," the authors said.? One likely explanation for this relatively modest impact is that part of the greater revenue accruing to oil exporters will be recycled in the form of imports or other international flows, thus contributing to keep up demand in oil-importing economies, the paper said.?"The negative impact of oil price shocks on oil-importing countries is partly offset by concurrent increases in exports and other income flows," it said.?
Adv 1
Drones are sustainable—US government won’t react to backlash Benjamin Wittes, editor in chief of Lawfare and a Senior Fellow in Governance Studies at the Brookings Institution. He is the author of several books and a member of the Hoover Institution’s Task Force on National Security and Law, 2/27/13, In Defense of the Administration on Targeted Killing of Americans, www.lawfareblog.com/2013/02/in-defense-of-the-administration-on-targeted-killing-of-americans/
This view has currency among European allies, among advocacy groups, and in the AND which the executive branch is entitled to rely in formulating its legal views.
The objection to civilian deaths draws out a related criticism: Why should the United AND same way as the United States. The drone itself is a tool.
How it is used and against whom—these are moral questions. If China behaves malignantly, drones will not be responsible. Its leaders will be.
2NC
2nc ov long
Reject their discourse—this is a prior question. Memmi 2K (Albert, 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.
And, this form of liberalism is unsustainable and results in unending war and violence against the other—hold every 1AC impact suspect Dillon and Reid ’9 (Michael, professor of Politics at the University of Lancaster, and Julian, Lecturer in International Relations at Kings College and Professor of International Relations at the University of Lapland, "The Liberal Way of War: Killing to Make Life Live, pg 30-33, AM)
One way of expressing the core problematic that we pursue in this book is, AND finitude, politically, has thus arisen an infinity of securitization and fear.
Alternative solves the aff—the alt’s political reactionism is steady and can’t be avoided—the law can easily be manipulated to the President’s ends which causes circumvention OR blame deflection means they can’t solve any 1AC impact Eric A. Posner and Adrian Vermeule 11, law profs at the University of Chicago and Harvard, Demystifying Schmitt, January, http://www.law.uchicago.edu/files/file/333-eap-Schmitt.pdf-http://www.law.uchicago.edu/files/file/333-eap-Schmitt.pdf
If Congress cannot regulate in advance of emergencies, might it not be able to AND to make policy during emergencies and so they have seldom taken this approach.
AT: Perm—-Do Both
The permutation is coopted and the alternative is a pre-requisite—legalism crowds out our method—that’s Marguilies—the alt is a pre-requisite Knox ’12 Robert, PhD Candidate, London School of Economics and Political Science. 21is paper was presented at the Fourth Annual Conference of the Toronto Group for the Study of International, Transnational and Comparative Law and the Towards a Radical International Law workshop, "Strategy and Tactics,"
this warning is of great relevance to the type of ’strategic’ interventions advocated by AND too does ’strategic’ liberal legalism collapse into plain old liberal legalism.53
Overcoming structural factors via the alt is a pre-requisite Knox ’12 Robert, PhD Candidate, London School of Economics and Political Science. 21is paper was presented at the Fourth Annual Conference of the Toronto Group for the Study of International, Transnational and Comparative Law and the Towards a Radical International Law workshop, "Strategy and Tactics,"
’Lawfare’ is a very specific term which refers to the idea that international law AND legal or illegal) but rather aim at overturning those very terms.33
Individuation DA—destroys collective movements necessary for solvency 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
LEGALISM AND THE LIBERAL ORDER In liberal theory and practice, law lies at the core of politics: legislation AND common good is inadmissible in this methodologically rational and individualist legal outlook.10
2nc fw
We control uniqueness—-the question of justification is intrinsically tied to the law—-the question is whether we accept violent structures or make it a point of stasis 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
Law’s imperial reach, it massive authority, in liberal politics is a brute, AND in last two centuries in articulating a dismissive image of the native Other.
Technocrats DA—the aff’s skillset turns us into technocrats with no way of altering status quo legal structures—our method is key Stephanie A. Levin 92, law prof at Hampshire College, Grassroots Voices: Local Action and National Military Policy, 40 Buff. L. Rev. 372
This question must be central to any serious effort to foster widespread political participation of AND creating more opportunities for citizen empowerment and meaningful participation in national political life.
2nc drone court fails
More ev—too slow, not oppositional, won’t get enough info Roth, executive director – Human Rights Watch, April ’13 (Kenneth, "What Rules Should Govern US Drone Attacks?" The New York Review of Books)
Whatever the rules governing drone attacks, many object to the covert, unilateral way AND . But the administration has blocked such suits through various claims of secrecy.
Judges will fail to make determinations Charlie Savage, NYTimes, 3/18/13, Former Pentagon Lawyer Offers Pros and Cons of Drone Court, atwar.blogs.nytimes.com/2013/03/18/former-pentagon-lawyer-offers-pros-and-cons-of-drone-court/
Mr. Johnson also questioned whether it would be appropriate to ask judges to provide AND a moving target, which is what we are literally talking about here."
Executive can easily circumvent Fidell 13 Eugene R. Fidell, Visiting Lecturer in Law at Yale Law School. He is a co-founder and former president of the National Institute of Military Justice and of counsel at Feldesman Tucker Leifer Fidell LLP, Washington, D.C. He is a Life Member of the American Law Institute and a member of the Defense Legal Policy Board of the Department of Defense and the board of directors of the International Society for Military Law and the Law of War. He has also taught at Harvard Law School and the American University Washington College of Law, NY Times, February 27, 2013, "A Drone Panel Within the Executive Branch?", http://www.nytimes.com/2013/02/28/opinion/a-drone-panel-within-the-executive-branch.html
"Who Will Mind the Drones?," by Neal K. Katyal (Op- AND . The same is true of the in-house drone court idea.
2nc drones sustainable
Most qualified evidence Masters, deputy editor – CFR, 10/3/’11 (Jonathan, "US acquires targeted killing as an essential tactic," The Nation)
Since assuming office in 2009, Barack Obama’s administration has escalated targeted killings, primarily AND and the public appetite for large-scale, conventional armed intervention erodes.
Won’t collapse the drone program Masters, deputy editor – CFR, 10/3/’11 (Jonathan, "US acquires targeted killing as an essential tactic," The Nation)
Blowback from civil liberties and human rights groups is likely to grow in direct proportion AND abroad but delivering targeted, surgical pressure to the groups that threaten us."
When a US drone strike last week killed a top Taliban leader in Pakistan, AND operations to the military as part of an effort to make the program mor
e transparent. Americans are by and large comfortable with drone strikes being ordered by AND percent) favor setting up a drone court to sign off on strikes.
2nc squo solves
US precedent is locked in and it’s too late NYT, 5/29/’12 ("Secret ’Kill List’ Proves a Test of Obama’s Principles and Will")
Justly or not, drones have become a provocative symbol of American power, running roughshod over national sovereignty and killing innocents. With China and Russia watching, the United States has set an international precedent for sending drones over borders to kill enemies.
The entire precedent thesis is wrong Washington Post, 11/1/’12 ("Pulling the U.S. drone war out of the shadows," Editorial Board)
Similarly, Mr. Volker asks "what we would say if others used drones AND and artillery, but if used there they would surely attract international censure.
And yet as distant as it all looks, the possibility of some kind of AND ammunition with which to silence the hardliners. And that means a deal.
Afghan stability is key to prevent extinction Carafano 10 (James Jay is a senior research fellow for national security at The Heritage Foundation and directs its Allison Center for Foreign Policy Studies, "Con: Obama must win fast in Afghanistan or risk new wars across the globe," Jan 2 http://gazettextra.com/news/2010/jan/02/con-obama-must-win-fast-afghanistan-or-risk-new-wa/)
We can expect similar results if Obama’s Afghan strategy fails and he opts to cut AND a puny EU military force incapable of defending the interests of its nations.
Just reaching a deal prevents Israeli strikes Freilich 11/14/13 Chuck, senior fellow at Harvard’s Kennedy School, was a deputy national-security adviser in Israel. He is the author of Zion’s Dilemmas: How Israel Makes National Security Policy, "Iran: Deal in the Making, or Persian Carpet Ride?," National Interest
A diplomatic deal is clearly preferable for all sides, none more than Israel, AND a perfect agreement may be the enemy of a problematic but acceptable one.
Time is not on anyone’s side. As long as sanctions are in effect — AND the opportunity for arriving at such a deal will stay open for long.
Iran deal coming now CFR 11/12/13 (Interviewee: Barbara Slavin, Senior Fellow, Atlantic Council, Interviewer: Bernard Gwertzman, Consulting Editor, "Despite Hitch, Iran Nuclear Deal in Sight", November 12, 2013, http://www.cfr.org/iran/despite-hitch-iran-nuclear-deal-sight/p31838?cid=nlc-public-the_world_this_week-link12-2013111526sp_mid=4437281526sp_rid=emJkb3VnbGFzQGdtYWlsLmNvbQS2-http://www.cfr.org/iran/despite-hitch-iran-nuclear-deal-sight/p31838?cid=nlc-public-the_world_this_week-link12-2013111526sp_mid=4437281526sp_rid=emJkb3VnbGFzQGdtYWlsLmNvbQS2 The prospects for an interim agreement between Tehran and world powers to limit Iran’s nuclear AND watchdog access to certain nuclear facilities, was a "very important step." We’ve had a long weekend of nuclear diplomacy between Iran and the so-called P5+1 group ~the United States, Britain, France, Russia, China, and Germany~, which failed to reach an interim agreement. How close are we to an accord? My impression is that we are close. Several individuals involved in the talks that I’ve spoken to over the weekend said that they are optimistic, that we’re not far from an agreement, that there are still a couple of important questions that need to be settled, but that they’re still expecting, as Secretary of State John Kerry has said, that this is a "doable deal" when talks resume November 20. Do we know what held up the signing of an agreement this weekend? It appears that the French were adamant on a couple of points—they wanted AND a return to capitals to figure out how to get over these obstacles. And separately, Iran struck an agreement on Monday (November 11) with the International Atomic Energy Agency (IAEA). What is the significance there? This is an overall joint statement on a framework for cooperation. It’s the first AND by the IAEA for some time—so it’s a very important step. If you look at the annex to the agreement, you see that there is access that will be given to a uranium mine ~Gchine mine in Bandar Abbas~. Information will be provided on all new research reactors, as well as information on sixteen sites designated for the construction of nuclear power plants. But in terms of the Arak facility, the Iranians have promised access to the AND IAEA Director-General~ Yukiya Amano has called for in the past. One other point: I saw Amano when he was in Washington about ten days AND but it has some important provisions that the IAEA has been looking for.
Iran strategy is working—any Congressional rebukes trigger the link Joel Rubin, Politico, 10/20/13, Iran’s diplomatic thaw with the West, dyn.politico.com/printstory.cfm?uuid=FBFABC3B-C9A8-47F8-A9AC-BC886BCE0552
Congratulations, Congress. Your Iran strategy is working. Now what? The diplomatic thaw between Iran and the West is advancing, and faster than most of us had imagined. This is the result of years of painstaking efforts by the Obama administration and lawmakers to pressure the Islamic Republic into deciding whether it’s in Iran’s interest to pursue diplomacy or to continue suffering under crushing economic sanctions and international isolation. Now that Iran has made a clear decision to engage seriously in diplomatic negotiations with the West over its nuclear program, its intentions should be tested. Members of Congress should be open to seizing this opportunity by making strategic decisions on sanctions policy. The economic sanctions against Iran that are in place have damaged the Iranian economy. AND estimates that it would take roughly one to two years to do so. Congress, with its power to authorize sanctions relief, plays a crucial role in deciding whether a deal will be achieved. This gives Congress the opportunity to be a partner in what could potentially be a stunning success in advancing our country’s security interests without firing a shot. Consider the alternative: If the administration negotiates a deal that Congress blocks, and AND and worry that failed strikes would push Iran to get the bomb outright. Iran and the United States need a political solution to this conflict. Now is the time to test the Iranians at the negotiating table, not push them away. Congress is also being tested, but the conventional wisdom holds that lawmakers won’t show the flexibility required to make a deal. Such thinking misses the political volatility just beneath the surface: Americans simply don’t support another war in the Middle East, as the congressional debate over Syria made crystal clear. Would they back much riskier military action in Iran? Fortunately for Congress, President Barack Obama was agile enough to seize the diplomatic route and begin to eliminate Syria’s chemical weapons. These results are advancing U.S. security interests. And members of Congress breathed a collective sigh of relief as well as they didn’t have to either vote to undercut the commander in chief on a security issue or stick a finger in the eye of their constituents. The same can happen on Iran. By pursuing a deal, Obama can provide AND and did so without starting another unpopular American war in the Middle East.
Moderate middle strategy key to keep the Iranians negotiating— Milani 11/14/13 Abbas, contributing editor at The New Republic, the director of Iranian Studies at Stanford University, and the author, most recently, of The Shah, "Two Reasons Why Iran Resumed Nuclear Negotiations," http://www.newrepublic.com/article/115594/iran-nuclear-negotiations-us-resumed-two-reasons
But a far more important change has been overlooked: For years, Iran’s nuclear AND not be allowed to hide all the facts from the people of Iran.
11/17/13
Round 6 Navy
Tournament: Navy | Round: 6 | Opponent: Boston College Carelli-Kontopoulos | Judge: Patrice
1NC
off 1
The aff expands precedent against indefinite detention—that destroys military operations Ford, 10 (Colonel, U.S. Army Judge Advocate General’s Corps, currently serving as the Staff Judge Advocate, Multi-National Security Transition Command-Iraq, Baghdad, Iraq, "Keeping Boumediene off the Battlefield: Examining Potential Implications of the Boumediene v. Bush Decision to the Conduct of United States Military Operations," 30 Pace L. Rev. 396, Winter, Lexis)
Boumediene, and the potential extension of its holding, impacts U.S. AND for fratricide, enemy advantage, or worse - mission failure and defeat.
Nuclear war Frederick Kagan and Michael O’Hanlon 7, Fred’s a resident scholar at AEI, Michael is a senior fellow in foreign policy at Brookings, "The Case for Larger Ground Forces", April, http://www.aei.org/files/2007/04/24/20070424_Kagan20070424.pdf
We live at a time when wars not only rage in nearly every region but AND Such a measure is not only prudent, it is also badly overdue.
off 2
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 AND 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 AND 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 AND thus accountability to) actors inside and outside the presidency much more extensive.
Declining political authority encourages defection. American political analyst Norman Ornstein writes of the domestic AND affects the character of U.S. policy, foreign and domestic.
By design or accident, it is increasingly clear that the centerpiece of President Barack AND that increased sanctions will force the regime to give up enrichment or collapse. Nuclear war Edelman, distinguished fellow – Center for Strategic and Budgetary Assessments, ’11 (Eric S, "The Dangers of a Nuclear Iran," Foreign Affairs, January/February)
The reports of the Congressional Commission on the Strategic Posture of the United States and AND any of these aspirants could develop a nuclear weapons capability within a decade. There is, however, at least one state that could receive significant outside support AND particular method of acquisition only circumvents, rather than violates, the NPT. n-player competition Were Saudi Arabia to acquire nuclear weapons, the Middle East would count three nuclear AND would retaliate against the wrong party, potentially triggering a regional nuclear war.
off 4
CP text: the United States federal judiciary should restrict indefinite detention by legislating these changes: —-U.S. citizens and Legal Permanent Residents are not eligible for indefinite detention —-indefinite detention should conform with the Law of Armed Conflict and be restricted to individuals who cannot be adequately prosecuted in the criminal justice system —-individuals can be detained for providing substantial support only if it is necessary for the completion of a terrorist plot or the ongoing operation of a terrorist organization or a smaller sub-group thereof —-all individuals classified for prosecution by the Guantanamo Review Task Force Report of 2010, and who have not been formally charged, should receive criminal trials in federal court.
Impeding the Effectiveness of Military Operations Soldiers have a number of equally compelling responsibilities in war: accomplishing the mission, AND legal framework can continue to do so in a prolonged war against terrorism.
No risk of nuclear terror Mueller 10 (John, professor of political science at Ohio State, Calming Our Nuclear Jitters, Issues in Science and Technology, Winter, http://www.issues.org/26.2/mueller.html)
Politicians of all stripes preach to an anxious, appreciative, and very numerous choir AND above: one in a million or one in three billion per attempt.
Terrorists won’t use WMD Forest 12 (James, PhD and Director of Terrorism Studies and an associate professor at the United States Military Academy, "Framework for Analyzing the Future Threat of WMD Terrorism," Journal of Strategic Security, Volume 5, Number 4, Article 9, Winter 2012, http://scholarcommons.usf.edu/cgi/viewcontent.cgi?article=119326context=jss)NOTE—-CBRN weapon = chemical, biological, radiological or nuclear weapon
The terrorist group would additionally need to consider whether a WMD attack would be counterproductive AND , or the Chechen’s deliberations about attacking Russia, with such a weapon.
Executive will circumvent any legal challenges to detention McNeal, 8 (Law Prof-Penn State, Northwestern University Law Review Colloquy, "BEYOND GUANTANAMO, OBSTACLES AND OPTIONS," 103 Nw. U. L. Rev. Colloquy 29, August, Lexis)
. Executive Forum-Discretion—Any reform which allows for adjudication of guilt in AND proposed reform is incomplete without thoroughly addressing the factors that the Executive balances.
Congress is circumvented Douglas Kriner, Assistant Profess of Political Science at Boston University, 2010, After the Rubicon: Congress, Presidents, and the Politics of Waging War, p. 6-8
The role that Congress plays in deciding whether a war is continued or concluded is AND response. Certainly, more empirical analysis is needed to answer this question.
No impact to economies – diversification Aiginger 09 (Karl, ÖSTERREICHISCHES INSTITUTE FÜR WIRTSCHAFTSFORSCHUNG, "Strengthening the Resilience of an Economy Strategies to Prevent another Crisis", WIFO Working Papers, No. 338 June 2009, http://www.wifo.ac.at/wwa/downloadController/displayDbDoc.htm?item=WP_2009_33824.PDF) Sectors with reduced exposure to price and business cycle volatility, e.g. AND deficit an additional grant will be demanded from the "higher" level.
Diversionary theory is false – people are too smart and leaders too frightened Boehmer, 07 – political science professor at the University of Texas (Charles, Politics 26 Policy, 35:4, "The Effects of Economic Crisis, Domestic Discord, and State Efficacy on the Decision to Initiate Interstate Conflict") This article examines the contemporaneous effect of low economic growth and domestic instability on the AND , interstate conflict, or both events occurring in the same year.3
2nd
The status quo solves the case—the last Uighurs were already released to Slovakia. Norms arise from inevitable pursuit of self-interest – not a model/custom structure Goldsmith 98 (Jack, Harvard law prof, and Eric Posner, UChicago law prof, "A Theory of Customary International Law", November 1998, University of Chicago Law School, John M. Olin Law 26 Economics Working Paper No. 63, http://papers.ssrn.com/sol3/papers.cfm?abstract_id=145972, ZBurdette)
The theory suggests that most international behavioral regularities associated with CIL reflect coincidence of interest AND a prisoner’s dilemma or a coordination game played out in discrete bilateral contexts. This theory differs from the standard conception of CIL in several fundamental respects. It AND and that regularities that reflect cooperation or coordination arise only in bilateral contexts.
Can’t solve warming – no country will get on board Hale ’11 - PhD Candidate in the Department of Politics at Princeton University and a Visiting Fellow at LSE Global Governance, London School of Economics (Thomas, "A Climate Coalition of the Willing," Washington Quarterly, Winter, http://www.twq.com/11winter/docs/11winter_Hale.pdf
Intergovernmental efforts to limit the gases that cause climate change have all but failed. AND successor to the Kyoto Protocol, at least not in the near future.
These alarmist predictions are becoming quite bizarre, and could be dismissed as sociological oddities AND to be 1,700 richer by the end of this century.
China specifically will only model the US and CIL when convenient deLisle 2k (Jacques, Professor of Law, University of Pennsylvania Law School, "China’s Approach to International Law: A Historical Perspective", Proceedings of the Annual Meeting (American Society of International Law), Vol. 94, (APRIL 5-8, 2000), pp. 267-275, JSTOR, ZBurdette)
At the same time, China has become more assertive in seeking to shape international AND , and the systemic consequences of Chinese actions that arguably flout international law.
2NC
2NC OV
Regulations on detention require huge military investments that trade-off with effective war-fighting—causes failure in Iraq and Afghanistan Ford, 10 (Colonel, U.S. Army Judge Advocate General’s Corps, currently serving as the Staff Judge Advocate, Multi-National Security Transition Command-Iraq, Baghdad, Iraq, "Keeping Boumediene off the Battlefield: Examining Potential Implications of the Boumediene v. Bush Decision to the Conduct of United States Military Operations," 30 Pace L. Rev. 396, Winter, Lexis)
Programmatically and institutionally, extension would require a re-evaluation of the DoD’s policies AND U.S. Navy operations during law enforcement actions at sea. n45
Nuclear war Morgan 7 (Stephen John, former National Executive Officer of the British Labour Party, his responsibilities included international relations, ethnic minority work, women’s issues, finance, local government and organization, he specialised particularly in international crisis situations spending long periods working in Belfast, in efforts to overcome sectarian strife and terrorism, former Director of WIC, a research and publishing company based in London, he went to live in Budapest during the Gorbachov period from where he helped build opposition groups in the underground in Hungary, Yugoslavia, Bulgaria and East Germany, Stephen left active politics in the early 1990 and came to live in Brussels, where he established and managed his own publishing company, has lived and worked in more than 27 different countries, including underground political work during the troubles in in Northern Ireland and war in Yugoslavia, http://www.electricarticles.com/display.aspx?id=639)
Although disliked and despised in many quarters, the Taliban could not advance without the AND slogan of «Better another Taliban Afghanistan, than a Taliban NUCLEAR Pakistan21
And, Morgan says it draws in China and Russia:
Russia Bostrom 2 (Nick Bostrom, 2002. Professor of Philosophy and Global Studies at Yale. "Existential Risks: Analyzing Human Extinction Scenarios and Related Hazards," 38, www.transhumanist.com/volume9/risks.html)
A much greater existential risk emerged with the build-up of nuclear arsenals in AND existential risk, since it would not destroy or thwart humankind’s potential permanently.
Extinction Wittner 11 (Lawrence S. Wittner, Emeritus Professor of History at the State University of New York/Albany, Wittner is the author of eight books, the editor or co-editor of another four, and the author of over 250 published articles and book reviews. From 1984 to 1987, he edited Peace 26 Change, a journal of peace research., 11/28/2011, "Is a Nuclear War With China Possible?", www.huntingtonnews.net/14446)
While nuclear weapons exist, there remains a danger that they will be used. AND —destroying agriculture, creating worldwide famine, and generating chaos and destruction.
Turns terror
Brooks and Wohlforth 2002 ~Stephen, Assistant Professor, and William, Associate Professor in the Department of Government at Dartmouth, Foreign Affairs, "American Primacy in Perspective", Volume 81, Issue 4~
Some might question the worth of being at the top of a unipolar system if AND but the possibility of effective and coordinated action against them would be reduced.
2NC—-Trials Link
Civilian trials devastate military effectiveness Ford, 10 (Colonel, U.S. Army Judge Advocate General’s Corps, currently serving as the Staff Judge Advocate, Multi-National Security Transition Command-Iraq, Baghdad, Iraq, "Keeping Boumediene off the Battlefield: Examining Potential Implications of the Boumediene v. Bush Decision to the Conduct of United States Military Operations," 30 Pace L. Rev. 396, Winter, Lexis)
Justice Scalia devoted attention to what he termed the "disastrous consequences" of the AND and extend this holding, how would the DoD meet these new requirements?
A second difficulty concerning judicial review is whether it is feasible in conflicts having larger AND detainees.146 In those cases, administrative review may be more realistic.
loac arg
The plan breaks down LOAC by modifying the currently legal detention structure Bialke, 4 (Lt. Colonel, MA 26 JD-University of North Dakota, LLM-University of Iowa, "Al-Qaeda 26 Taliban Unlawful Combatant Detainees, Unlawful Belligerency, and the International Laws of Armed Conflict," 55 A.F. L. Rev. 1, Lexis)
International Obligations 26 Responsibilities and the International Rule of Law The United States (U.S.) is currently detaining several hundred al- AND -Qaeda and Taliban detainees in furtherance of both domestic and international security.
Nuclear war Delahunty, associate prof – U St. Thomas Law, and Yoo, law prof – UC Berkeley, ’10 (Robert and John, 59 DePaul L. Rev. 803)
Finally, the extension of IHRL to armed conflict may have significant consequences for the AND would be to adapt the legal system already specifically designed for armed conflict.
Double bind either they result in indefinite detention which is an implicit part of loac or they don’t which means they link to the da Bialke, 4 (Lt. Colonel, MA 26 JD-University of North Dakota, LLM-University of Iowa, "Al-Qaeda 26 Taliban Unlawful Combatant Detainees, Unlawful Belligerency, and the International Laws of Armed Conflict," 55 A.F. L. Rev. 1, Lexis)
C. Length of Taliban and Al-Qaeda Unlawful Combatant Preventive Detention ~*60 AND crime or, before they are charged, to provide them legal counsel t
o challenge their detention. n65 No nation at war has ever done so. AND allied forces, and perpetrate more acts of terrorism against protected civilians. n66
Third, the nature of warfare against such unconventional enemies may well be different from AND , allowing terrorists to disperse and to prevent further interception of their communications.
During a press conference on December 22, President Obama was asked about the difficulties AND publicly since January 2009. These messages do not support the president’s claim.
The nature of the threat posed by al Qaeda has changed significantly in the years AND al Qaeda represented the authentic leader of the Islamic world in that struggle.
"Obviously, we haven’t gotten it closed. And let me just step back AND role in Al Qaeda’s recruitment efforts–let alone in its actual recruitment?
1AC decimates detention authority—forcing military commanders to place legal limitations around interrogation prevents quickly gaining intel about key terrorist moves—that’s Carafano.
Their Powell evidence says not giving terrorists a trial is key to solve rule of law—proves they must give trials or they don’t solve the aff—that results in premature release of terrorists McNeal, 8 (Law Prof-Penn State, Northwestern University Law Review Colloquy, "BEYOND GUANTANAMO, OBSTACLES AND OPTIONS," 103 Nw. U. L. Rev. Colloquy 29, August, Lexis)
Evidence derived from coercion also presents a challenge for reformers. Many organizations have argued AND proposed reform is incomplete without thoroughly addressing the factors that the Executive balances.
Causes terror Bialke, 4 (Lt. Colonel, MA 26 JD-University of North Dakota, LLM-University of Iowa, "Al-Qaeda 26 Taliban Unlawful Combatant Detainees, Unlawful Belligerency, and the International Laws of Armed Conflict," 55 A.F. L. Rev. 1, Lexis)
A military commission convened in the course of ongoing hostilities can provide better security and AND participants, or carry out additional acts of terrorism against protected civilians. n76
And it is not hard to see why foreign countries refused to provide support. AND S. is violating in any event by disregarding the United Nations charter). Some countries want to bombard Syria in order to stop the atrocities or counter Iran AND found himself naked and alone, and he turned to Congress for cover.
Prefer our evidence—better methodology than traditional CIL theorists. Goldsmith 98 (Jack, Harvard law prof, and Eric Posner, UChicago law prof, "A Theory of Customary International Law", November 1998, University of Chicago Law School, John M. Olin Law 26 Economics Working Paper No. 63, http://papers.ssrn.com/sol3/papers.cfm?abstract_id=145972, ZBurdette)
Section III tests the theory using case studies from four traditional areas of CIL: AND confirm that CIL does not reflect multilateral, law-like behavioral regularities.
Before discussing American constitutional law, we should admit that the world situation is terrifying AND -term self interest and defend the criminals in defiance of the world.
While everyone seems focused on whether President Obama needs congressional authority under the U.S. Constitution to bomb Syria, there is surprisingly little discussion whether such an attack would be proper under international law. What that tells us, in part, is how little a superpower such as the United States frets over the niceties of international law. The reality is that much of international law isn’t really "law" in the AND to follow, at least when it’s in their interest to do so.
Self-interest is the sole determinant—behavior changes with pay offs, not a nebulous sense of legal obligation. Goldsmith 98 (Jack, Harvard law prof, and Eric Posner, UChicago law prof, "A Theory of Customary International Law", November 1998, University of Chicago Law School, John M. Olin Law 26 Economics Working Paper No. 63, http://papers.ssrn.com/sol3/papers.cfm?abstract_id=145972, ZBurdette)
But this explanation for an international behavioral regularity differs from the traditional account in important AND of multilateral cooperation that is such an important part of the traditional account.
Err neg on evidence—their authors are heavy on claims, but light on warrants. Goldsmith 98 (Jack, Harvard law prof, and Eric Posner, UChicago law prof, "A Theory of Customary International Law", November 1998, University of Chicago Law School, John M. Olin Law 26 Economics Working Paper No. 63, http://papers.ssrn.com/sol3/papers.cfm?abstract_id=145972, ZBurdette)
We have described some of the many uncertainties that bedevil the standard conception of CIL AND and other exogenous factors often produce significant changes in the content of CIL.
2NC—-Circumvention Extension
And, he would just signing statement the aff Jeffrey Crouch, assistant professor of American politics at American University, Mark J. Rozell, acting dean and a professor of public policy at George Mason University, and Mitchel A. Sollenberger, associate professor of political science at the University of Michigan-Dearborn, December 2013, The Law: President Obama’s Signing Statements and the Expansion of Executive Power, Presidential Studies Quarterly 43.4
In a January 2013 signing statement, President Barack Obama stated that his constitutional powers as president limited him to signing or vetoing a law outright and that he lacked the authority to reject legislative provisions "one by one." Yet he then proceeded in a nearly 1,200 word statement to pick the law apart, section by section, and to effectively challenge many provisions by declaring that they violated his constitutional powers as commander in chief. According to his signing statement, a provision restricting the president’s authority to transfer detainees AND housed (P.L. 112-239; see Fisher 2013). Obama also objected to a number of provisions that he claimed would violate his "constitutional duty to supervise the executive branch" and several others that he said could encroach upon his "constitutional authority to recommend such measures to the Congress as I ’judge necessary and expedient.’ My Administration will interpret and implement these provisions in a manner that does not interfere with my constitutional authority" (Obama 2013). What the president could not block or modify through concessions or veto threats during budget negotiations with members of Congress, he decided he could unilaterally strip from a signed bill. Similar to his predecessor, George W. Bush, Obama suggested that he was the ultimate "decider" on what is constitutional and proper. Few acts by occupants of the White House so completely embody the unchecked presidency. Candidate Obama on Signing Statements President Obama’s actions have been surprising given that he proclaimed AND use signing statements to do end runs around Congress" (James 2009). Any expectations for a shift in the exercise of signing statements ultimately were misplaced, AND some of the more aggressive forms of constitutional signing statements that impact appropriations.
Together, China and the United States produce 40 percent of global greenhouse gas emissions AND international agreement—and eventually even a post-Kyoto global climate accord.
1NR
1NR Framework
Technocrats DA—the aff’s restricted to the logic of the military experts on in their cards – these is an Orwellian newspeak that keeps certain ideas from being expressed Stephanie A. Levin 92, law prof at Hampshire College, Grassroots Voices: Local Action and National Military Policy, 40 Buff. L. Rev. 372
This question must be central to any serious effort to foster widespread political participation of AND creating more opportunities for citizen empowerment and meaningful participation in national political life.
1NR Alt
The alternative is to reject legal restrictions on war powers in favor of political restrictions—they’re the only check on presidential authority—it’s empirically effective in every application because the government thinks it’s effective—that’s Goldsmith—more evidence Eric A. Posner and Adrian Vermeule 11, law profs at the University of Chicago and Harvard, Demystifying Schmitt, January, http://www.law.uchicago.edu/files/file/333-eap-Schmitt.pdf-http://www.law.uchicago.edu/files/file/333-eap-Schmitt.pdf
Finally, the models of the political foundations of constitutionalism allow a demystifying and less AND realistic, than liberal insistence that legitimacy can straightforwardly be reduced to legality.
1/19/14
Texas Round 3
Tournament: Texas | Round: 3 | Opponent: Mary Washington Stackhouse-Young | Judge: Repko 1NC DA 3 Korematsu is a key precedent – it’s the foundation of modern judicial deference to presidential war powers Friedman 12 FRIEDMAN, JOSHUA L. (Attorney Advisor@US Social Sec. Admin., Office of Disability Adjud. and Review; JD@U of Maryland; MBA@U of Baltimore); “EMERGENCY POWERS OF THE EXECUTIVE: THE PRESIDENT'S AUTHORITY WHEN ALL HELL BREAKS LOOSE”; Journal Of Law and Health 25(2):265-306; July 2012 Indeed, the judicial record is replete with controversy over the Executive emergency powers. AND took "measures incompatible with the expressed or implied will of Congress." n171 This result was intended to address the prevailing opinion at the time that, according AND intend to broaden these same powers except with Congressional or judicial oversight. n173 In more recent decisions, the Court has ventured off the historical path by refusing AND which they made. Whether we would have made it is irrelevant." n176 Similarly, in Korematsu, the Court held that "when under conditions of modern AND standing President cannot be permitted to act beyond the boundaries of reason. n178 The expansive "rational basis" standard of Hirabayashi and Korematsu carries weight even as AND Circuit." n182 On this basis, the Court dismissed the matter. n183 This case echoes the result in Campbell v. Clinton, when several members of Congress sued over President Clinton's military campaign in Yugoslavia. n184 There, the Court found that Congress had a broad range of legislative remedies and could have noted their objection to the Yugoslavian mission in that manner, rather than appealing to the judiciary that was precluded from entering the fray due to the political question doctrine. n185
Loss of executive quarantine authority causes extinction Friedman 12 FRIEDMAN, JOSHUA L. (Attorney Advisor@US Social Sec. Admin., Office of Disability Adjud. and Review; JD@U of Maryland; MBA@U of Baltimore); “EMERGENCY POWERS OF THE EXECUTIVE: THE PRESIDENT'S AUTHORITY WHEN ALL HELL BREAKS LOOSE”; Journal Of Law and Health 25(2):265-306; July 2012 As demonstrated above, the executive powers are subject to certain checks and balances. AND of the health pandemics that once faced or continue to face our nation.
CP The Office of Legal Counsel should write and disclose its legal opinion that the use of the Internment Cases as a basis for the war powers authority of the President of the United States in the area of indefinite detention should be restricted. The Attorney General should endorse this opinion. The President should sign an executive order implementing this opinion and requiring consultation with the Office of Legal Counsel on future related issues.
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 AND on Executive Power,” 54 UCLA L. Rev. 1559, Lexis) The Office of Legal Counsel (OLC) is the Department of Justice component to AND 258 (Philip B. Kurland and Ralph Lerner, eds. 1987). From the Washington Administration through the present, Attorneys General, and in recent decades AND Attorney General and the Office of Legal Counsel, across time and administrations.
DA 2 The judiciary adheres to political question deference now—but doctrinal repudiation would reverse that. Franck ‘12 Thomas, Murray and Ida Becker Professor of Law, New York University School of Law Wolfgang Friedmann Memorial Award 1999, Political Questions/Judicial Answers
Sensitive to this historical perspective, many scholars, but few judges, have openly AND a theory of constitutionalism—separation of powers—and several prudential reasons.
The plan is that doctrinal repudiation Pennelle ‘6 Laura, California Western Law School, “THE GUANTANAMO GAP: CAN FOREIGN NATIONALS OBTAIN REDRESS FOR PROLONGED ARBITRARY DETENTION AND TORTURE SUFFERED OUTSIDE THE UNITED STATES?,” 36 Cal. W. Int'l L.J. 303
Assuming there was a judicially cognizable remedy available to foreign national detainees, issues of AND "expressing lack of the respect due coordinate branches of government. 2 2
PQD key to Sonar training Gartland ‘12 Maj. Charles, B.A., University of Alaska - Anchorage; J.D., cum laude, Gonzaga University School of Law; LL.M., George Washington University Law School) is a United States Air Force judge advocate currently serving as the Environmental Liaison Officer for the Air Force Materiel Command, “ARTICLE: AT WAR AND PEACE WITH THE NATIONAL ENVIRONMENTAL POLICY ACT: WHEN POLITICAL QUESTIONS AND THE ENVIRONMENT COLLIDE,” 68 A.F. L. Rev. 27
The public interest in conducting training exercises with active sonar under realistic conditions plainly outweighs AND the Republic, allows statutes like NEPA to exist in the first place.
That’s key to overall Naval power and anti-submarine warfare. Popeo et al ‘8 Daniel, Paul Kamenar, Washington Legal Foundation, Andrew McBride, Thomas McCarthy, Andrew Miller, William R. Dailey, Wiley Rein LLP, “Brief for Amici Curiae The Washington Legal Foundation, Rear Admiral James J. Carey, U.S. Navy (Ret.), National Defense Committee, and Allied Educational Foundation in Support of Petitioners,” http://www.wlf.org/upload/07-1239winter.pdf
Throughout our Nation's history, the Navy has played a vital role in major world AND our international standing, and an alteration in our established way of life.
That unleashes a laundry list of nuclear conflicts Eaglen ‘11 (Mackenzie research fellow for national security – Heritage, and Bryan McGrath, former naval officer and director – Delex Consulting, Studies and Analysis, “Thinking About a Day Without Sea Power: Implications for U.S. Defense Policy,” Heritage Foundation
Global Implications. Under a scenario of dramatically reduced naval power, the United States AND the international supply chain with impacts in the billions of dollars.16
K Korematsu is a living precedent and a monument to internment—overturn buries that historical context in favor of racial redemption Hashimoto 96 Dean Hashimoto, law at Boston College, Fall 1996 (4 UCLA Asian Pac. Am. L.J. 72) The failure to overrule Korematsu reflects an inability to move analytically from a point of AND Korematsu. Thus, we need to acknowledge that Korematsu is living precedent. In declaring Korematsu to be living precedent, I recognize that my view is at AND must serve to remind us to be vigilant in protecting our civil liberties.
That severs us from our racist legacy, sanitizing whiteness and entrenching a paradigm of “innocent” oppression—only rejection of historical denialism solves Gotanda 4 Neil Gotanda, law at Western State University, Spring 2004 (13 Temp. Pol. and Civ. Rts. L. Rev. 663) When Warren finally turns to racial segregation, he emphasizes a break with the past AND 674 process theory and look once again to theories of substantive rights.
SECOND ADV 1NC
1) Focus on extinction is ethical – extinction would be enormously painful
2) Util is inevitable – they just shift util to be about what group of people is worth the most, even if util is bad only they make it about something other than numbers which is worse
3) All lives infinitely valuable—only ethical option is maximizing number saved Cummisky, 96 (David, professor of philosophy at Bates, Kantian Consequentialism, p. 131)
Finally, even if one grants that saving two persons with dignity cannot outweigh and AND conclusion that the more persons with dignity who are saved, the better.
4) Ethics focus turns the K - Focus on guilt-based pancea politics leads to compassion fatigue that results in a net-decrease in ethical acts Moeller, 99 Dr. Susan Moeller is the director of the International Center for Media and the Public Agenda (ICMPA), an academic center that forms a bridge between the College of Journalism and the School of Public Policy at the University of Maryland, College Park. She is Professor of Media and International Affairs in the Philip Merrill College of Journalism at the University of Maryland and an affiliated faculty member at the School of Public Policy. “Compassion Fatigue : How the Media Sells Disease, Famine, War and Death” http://site.ebrary.com.proxy.lib.umich.edu/lib/umich/docDetail.action?docID=10054625 pg. 9-12 BJM It all started with an advertising campaign. We have all been cued by that AND finally to rot away, without anyone ever realizing it once stood tall.
Nuclear war is not obsolete—reluctance doesn’t translate into wartime restraint Joyner 2010 – managing editor of the Atlantic Council, Ph.D. in national security affairs from the University of Alabama (3/5, James, Atlantic, “Are nuclear weapons obsolete?”, http://www.acus.org/new_atlanticist/are-nuclear-weapons-obsolete, WEA)
Nuclear Weapons Obsolete? There appears to be a growing sentiment in Europe that nuclear weapons are obsolete, kept around only for symbolic value. Their use is considered so morally reprehensible, the argument goes, that no political leader would dare authorize their use and be forever a pariah. And, if there are no circumstances under which they might be used by Western leaders, then the deterrence argument goes out the window. The problem with that theory is that desperation changes the utility equation. No sane Japanese government would have provoked war with the United States in 1941. But, facing even worse alternatives, they threw a Hail Mary with the Pearl Harbor bombing and hoped for the best. Could China or Russia be backed into a corner and become so desperate that they'd launch a nuclear first strike? It's pretty hard to imagine. Then again, the mere fact that they have that theoretical option makes it less likely that they'll be backed into a corner. It's a little easier to come up with a scenario under which North Korea's Kim Jong Il or a nuclear-empowered Iranian ayatollah might see nuclear weapons as a plausible option. Or, goodness knows, India and Pakistan. More likely, though, the sense of security that comes with being a nuclear possessor will prevent conflicts that might otherwise have been tenable. Clausewitz taught us that war and politics are inextricably linked. So, the distinction between the "political" and "military" viability of nuclear weapons is one without meaning. The bottom line is that deterrence theory still works, at least amongst state actors. After all, no nuclear power has ever been attacked by another state. The same can't be said about attacks by nuclear powers against non-nuclear states. Indeed, this argument was laid out quite nicely three years ago by Des Browne, the UK's then-Secretary of State for Defense, in a speech to King's College: Why do we need a nuclear deterrent? The answer is because it works. Our deterrent has been a central plank of our national security strategy for fifty years. And the fact is that over this fifty years, neither our nor any other country’s nuclear weapons have ever been used, nor has there been a single significant conflict between the world’s major powers. We believe our nuclear deterrent, as part of NATO, helped make this happen. In the same speech, he asked, "Are we prepared to tolerate a world in which countries who care about morality lay down their nuclear weapons, leaving others to threaten the rest of the world or hold it to ransom?" Quite obviously, the answer is No. A World Without Nuclear Weapons The obvious retort, then, is that we maintain nuclear weapons only because others might use them against us. So why not rid ourselves of these weapons entirely? The Europeans seem very enthusiastic about President Obama's Prague nuclear disarmament speech of last April AND one parliamentarian announced that "no sane person" would disagree with it.
It is hard to say which is more surprising, that anyone still argues that AND and Tetlock emphasize, predictive methods can best be evaluated through comparative tournaments. Reliable prediction is so much a part of our daily lives that we don’t even AND we are likely to make progress in eliminating some errors in the future. Experts are an easy, although eminently justified, target for critiquing predictive accuracy. AND and biased by personal beliefs, the experts’ predictions will be widely scattered. Good prediction—and this is my belief—comes from dependence on logic and AND moving target because technology, ideas, and subject adaptation will be ongoing. Given what we know today and given the problems inherent in dealing with human interaction AND were rising swiftly in 2010 in Egypt while the expected costs were not. This is but one example that highlights what Nobel laureate Kenneth Arrow, who was AND to anticipate the consequences of alternative choices in many aspects of human interaction. How can game theory be harnessed to achieve reliable prediction? Acting like a fox AND and evaluated through replicable tests of evidence, we progress toward better prediction.
No link—their ev describes worst-case scenarios that proffer doom without evidence—we may say extinction is likely, but there’s evidence to back it up
We’re not the precautionary principle—there’s no built-in presumption against the plan, we need to prove the plan is a bad idea to win
Throwing out scenarios is a terrible corrective—they replace probability neglect with consequence neglect—the best middle ground is to balance magnitude with probability Friedman 12, PhD candidate in public policy, and Zeckhauser, professor of political economy – Kennedy School @ Harvard, ‘12 (Jeffrey A. and Richard, “Assessing Uncertainty in Intelligence,” HKS Faculty Research Working Paper Series RWP12-027)
To provide empirical support for its discussion, this article examines a broad range of AND draw out the tensions between eliminating uncertainty and assessing uncertainty in estimative intelligence. Analyzing Alternatives Intelligence analysts often wrestle with alternatives. To return to the example of an analyst AND often encourages this kind of thinking when it comes to analyzing alternative possibilities. When estimates focus on a single possibility, it is called ‘single-outcome forecasting’. This practice has been criticized for some time, because analysts often have insufficient information for making definitive predictions, and because policymakers should be aware of a range of potential contingencies.10 Yet even when analysts do consider multiple possibilities, several elements of standard practice reveal a tendency to assume that one of those scenarios should be considered the most important or the most correct. For instance, most NIEs highlight a ‘Best Estimate’ or ‘Key Judgments’. AND contain a distinct section enumerating ‘Alternatives’ that often receive relatively limited discussion. This treatment can suggest that certain alternative views are relatively insignificant, and the 2002 AND in emphasis between these very different points of view about Iraq’s nuclear program. The tendency to privilege particular judgments goes beyond the structure of intelligence estimates. Ironically AND and so both of these factors must be considered when comparing alternative scenarios. To give another example, many intelligence analysts are trained in a practice called Analysis AND ACH tells analysts to rank remaining possibilities from ‘weakest’ to ‘strongest’. An analyst seeking to assess uncertainty would approach the issue differently. She would not AND ACH’s method of ranking hypotheses based on probability exposes analysts to consequence neglect.
FIRST ADV 1NC Korematsu not key – its a discredited precedent with regards to race Harris 11 David A. Harris (Law Prof @ U of Pittsburgh); “On the Contemporary Meaning of Korematsu: “Liberty Lies in the Hearts of Men and Women””; Missouri Law Review: Vol. 76, No. 1; WINTER 2011 Korematsu Is Dead More than sixty-five years after the Supreme Court’s Korematsu decision and more than AND head to the toxic combination of war hysteria, xenophobia, and racism. For example, the eminent constitutional scholar Laurence Tribe of Harvard Law School wrote that AND would rely on Korematsu today to sustain similar action by the government.40 More importantly, some members of the Supreme Court have weighed in on the issue AND that courts could not rely on the core principle of Korematsu today.42 If all of this ignominy heaped on Korematsu does not convince one that the case AND our commitment as a nation to equal justice under the law.”46 With that kind of reputation – as bad as Dred Scott, as big a civil liberties mistake as the country has ever made, and as clear a consensus that the dissent and not the majority got it right – one could justifiably think of Korematsu as a dead case, upon which no court today would, or could, ever rely. Professor David Cole, one of the strongest and most outspoken defenders of civil liberties AND six decades may have emptied much of the ammunition from its chambers.”51
No wars will result from the existence of korematsu – status quo proves .
Korematsu is not an impactful starting point for problematizing race; it paints an ineffective and incomplete picture, and excludes multiple critical contingencies – Green 11 Craig Green (Prof of Law@Temple University Law, JD Yale); “ENDING THE KOREMATSU ERA: AN EARLY VIEW FROM THE WAR ON TERROR CASES”; 2011; Northwestern University Law Review: Vol. 105, No. 3 Korematsu’s Modern Relevance.—This Article’s revisionism concerning Korematsu’s original meaning also explains the decision’s AND light on current debates over racial profiling, affirmative action, disparate impact,
and the treatment of nonracial groups like homosexuals.70 In sum, if Korematsu were studied today simply for its contribution to equal protection jurisprudence, its doctrinal importance would be mild indeed.
2NC OVERVIEW – 2NC
OLC opinions are the most authoritative—Courts would follow-on Powell, Professor, Duke Law School, March 1999 (H. Jefferson, The President's Authority over Foreign Affairs: An Executive Branch Perspective, 67 Geo. Wash. L. Rev. 527, Lexis) B. The Special Role of Executive Branch Legal Opinions and Historical Practice Executive branch lawyers interpret the Constitution employing the same tools of analysis that are generally AND and arguments that the President and other executive branch officials formally advanced. n46 An executive branch perspective on constitutional law is one formulated in the context of a history, now two centuries old, of presidential action and assertion, and of efforts by the President's legal advisors to defend executive authority and, at times, to prevent its misuse. Walter Dellinger, a former acting Solicitor General, and before that head of the Office of Legal Counsel ("OLC"), has written: An executive branch attorney has an obligation to work within a tradition of AND OLC to develop and refine the executive branch's legal positions. n47 From an executive branch perspective, therefore, presidential assertions of authority, and executive AND the President's duty to interpret and ensure the faithful execution of the Constitution. Executive branch legal opinions are of great importance to any constitutional argument from an executive AND foreign policy and national security takes place against this backdrop of judicial reticence. As a historical matter, the form in which the executive branch has articulated its AND and on the interpretation of treaties and other international agreements are particularly important.
2NC SOLVENCY RUN
Sends the same signal as the plan Setty, professor of law at Western New England, March 2009 (Sudha, No More Secret Laws: How Transparency of Executive Branch Legal Policy Doesn't Let the Terrorists Win, 57 Kan. L. Rev. 579, Lexis) A. Greater Information Disclosure Increases the Integrity of OLC Opinions One effect of nondisclosure is legal memoranda that reflect underdeveloped legal reasoning, a criticism AND legal policy could serve to garner public and congressional support for controversial policies.
Outweighs Court decisions – people look to OLC first Richards, JD UC-Berkeley, January 2006 (Nelson, “The Bricker Amendment and Congress's Failure to Check the Inflation of the Executive's Foreign Affairs Powers, 1951-1954,” not as ridiculous as the Jennings Amendment, 94 Calif. L. Rev. 175, Lexis) *208 H. Jefferson Powell has posited that the Supreme Court has all AND brought peculiar focus to the weight and seriousness of the OLC's legal authority.
OLC opinions are authoritative legal precedents – the Supreme Court looks to the executive – (esp. true with international law) Powell, Professor, Duke Law School, March 1999 (H. Jefferson, The President's Authority over Foreign Affairs: An Executive Branch Perspective, 67 Geo. Wash. L. Rev. 527, Lexis) B. The Special Role of Executive Branch Legal Opinions and Historical Practice Executive branch lawyers interpret the Constitution employing the same tools of analysis that are generally AND and arguments that the President and other executive branch officials formally advanced. n46 An executive branch perspective on constitutional law is one formulated in the context of a history, now two centuries old, of presidential action and assertion, and of efforts by the President's legal advisors to defend executive authority and, at times, to prevent its misuse. Walter Dellinger, a former acting Solicitor General, and before that head of the Office of Legal Counsel ("OLC"), has written: An executive branch attorney has an obligation to work within a tradition of AND OLC to develop and refine the executive branch's legal positions. n47 From an executive branch perspective, therefore, presidential assertions of authority, and executive AND the President's duty to interpret and ensure the faithful execution of the Constitution. Executive branch legal opinions are of great importance to any constitutional argument from an executive AND foreign policy and national security takes place against this backdrop of judicial reticence. As a historical matter, the form in which the executive branch has articulated its AND and on the interpretation of treaties and other international agreements are particularly important.
The Supreme Court cites the OLC—that snuffs out Korematsu Aden, Chief Litigation Counsel for The Rutherford Institute, 2000 (Steven H., “HIV/AIDS AND THE PUBLIC ACCOMMODATIONS PROVISIONS OF THE AMERICANS WITH DISABILITIES ACT,” 9 Temp. Pol. and Civ. Rts. L. Rev. 395, Lexis) The ADA's directive against determining the existence of a direct threat on the basis of AND one or more of the individual's major life activities. ..." n72 The Court reasoned that from "the moment of infection" and "during every AND , constant, and detrimental effect on the hemic and lymphatic systems. n75
And it’s studied by students so it spills over to spaces like debate Scheuerman, Professor of Political Science at Indiana University, Summer 2012 (William E., “Emergencies, Executive Power, and the Uncertain Future of US Presidential Democracy,” 37 Law and Soc. Inquiry 743, Lexis) In addition, the president's control over the massive administrative apparatus provides the executive with AND prospective presidents may conceivably stop deferring to the Court (2010, 89).
Key to citations and international precedent—that’s a key internal to their racism arguments Huckabee, Associate Professor of Business Law, University of South Dakota, 2009 (Gregory M., “The Politicizing of Military Law - Fruit of the Poisonous Tree,” 45 Gonz. L. Rev. 611, Lexis) Without waiting for a State Department review of the January 18 revised Yoo draft memo AND Chief responsibilities under Article II of the U.S. Constitution. n72 Despite opportunity and warning before the administration proceeded on a legal policy course it would AND permanent positions demarcating differences of thought, with law coming in second place. Known as the "New Paradigm," this plenary interpretation of presidential war power is based "on a reading of the Constitution that few legal scholars share." n75 Fundamentally it states "that the President, as Commander-in-Chief, has the authority to disregard virtually all previously known boundaries if national security demands it." n76 The public policy behind the New Paradigm was as follows: *627 To allow the Pentagon to bring terrorists to justice as swiftly as possible. Criminal AND the kind of treatment of these individuals that we believe they deserve. n77 A former DOJ Associate Attorney General in the Reagan administration, Bruce Fein, observed AND In particular, he observed about the expansive nature of the new paradigm: 9/11 is a novel case. War against a tactic rather than a nation-state is constitutionally troublesome because it means permanent war. There will always be at least one terrorist somewhere in the world hoping to kill an American, which is the definition of post-9/11 war under the Bush-Cheney doctrine. n80 D. The Last Hope for Legal Discretion At the level of presidential legal policymaking, one must understand that the Counsel to AND the opportunity for the State Department to provide its legal review and analysis. Gonzales writes that the Secretary of State requested that the President reconsider his earlier decision AND in denigrating the legal importance, applicability, and relevance of the GCW: The nature of the new war places a high premium on other factors, such AND ., advances of monthly pay), athletic uniforms, and scientific instruments. n86
BINDING / COMPLIANCE – 2NC
The entire executive branch will comply 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) The Torture Opinion thrust into the public eye a previously obscure, though enormously influential AND extension, the entire executive branch - needs to faithfully execute the laws. *1577 OLC functions as a kind of general counsel to the numerous AND by the attorney general or the President (an exceedingly rare occurrence). n86 OLC's advice therefore ordinarily must be followed by the entire executive branch, from the AND with OLC's interpretation of the relevant law and prohibit waterboarding on legal grounds.
Presidential endorsement guarantees Morrison, professor of law at Columbia, May 2011 (Trevor W., ‘LIBYA, "HOSTILITIES," THE OFFICE OF LEGAL COUNSEL, AND THE PROCESS OF EXECUTIVE BRANCH LEGAL INTERPRETATION,’ 124 Harv. L. Rev. F. 62, Lexis) OLC does not have the power to impose conclusive, binding legal obligations on the AND Congress, and public that care whether those norms are preserved." n32
That alone creates solvency 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) Public cynicism notwithstanding, it is both possible and necessary for executive branch lawyers to AND - in administrations of both political parties - to safeguard our constitutional democracy.
2NC OV New zoonotic diseases cause extinction – different from past diseases Quammen, award-winning science writer, long-time columnist for Outside magazine, writer for National Geographic, Harper's, Rolling Stone, the New York Times Book Review and others, 9/29/2012 (David, “Could the next big animal-to-human disease wipe us out?,” The Guardian, pg. 29, Lexis) Infectious disease is all around us. It's one of the basic processes that ecologists study, along with predation and competition. Predators are big beasts that eat their prey from outside. Pathogens (disease-causing agents, such as viruses) are small beasts that eat their prey from within. Although infectious disease can seem grisly and dreadful, under ordinary conditions, it's every bit as natural as what lions do to wildebeests and zebras. But conditions aren't always ordinary. Just as predators have their accustomed prey, so do pathogens. And just as AND presence, sometimes causing illness or death, the result is a zoonosis. It's a mildly technical term, zoonosis, unfamiliar to most people, but it helps clarify the biological complexities behind the ominous headlines about swine flu, bird flu, Sars, emerging diseases in general, and the threat of a global pandemic. It's a word of the future, destined for heavy use in the 21st century. Ebola and Marburg are zoonoses. So is bubonic plague. So was the so AND a pathogen that can "spillover", crossing into people from other animals. Aids is a disease of zoonotic origin caused by a virus that, having reached AND a few victims or a few hundred, and then disappearing for years. Zoonotic pathogens can hide. The least conspicuous strategy is to lurk within what's called AND disturbance causes diseases to emerge. Shake a tree and things fall out. Michelle Barnes is an energetic, late 40s-ish woman, an avid rock climber and cyclist. Her auburn hair, she told me cheerily, came from a bottle. It approximates the original colour, but the original is gone. In 2008, her hair started falling out; the rest went grey "pretty much overnight". This was among the lesser effects of a mystery illness that had nearly killed her during January that year, just after she'd returned from Uganda. Her story paralleled the one Jaap Taal had told me about Astrid, with several AND they were back, watching the sunset. It was Christmas evening 2007. They arrived home on New Year's Day. On 4 January, Barnes woke up feeling as if someone had driven a needle into her skull. She was achy all over, feverish. "And then, as the day went on, I started developing a rash across my stomach." The rash spread. "Over the next 48 hours, I just went down really fast." By the time Barnes turned up at a hospital in suburban Denver, she was dehydrated; her white blood count was imperceptible; her kidneys and liver had begun shutting down. An infectious disease specialist, Dr Norman K Fujita, arranged for her to be tested for a range of infections that might be contracted in Africa. All came back negative, including the test for Marburg. Gradually her body regained strength and her organs began to recover. After 12 days AND a Ugandan holiday during which she had visited a cave full of bats. Barnes spent the next 24 hours Googling every article on the case she could find. Early the following Monday morning, she was back at Dr Fujita's door. He agreed to test her a third time for Marburg. This time a lab technician crosschecked the third sample, and then the first sample. The new results went to Fujita, who called Barnes: "You're now an honorary infectious disease doctor. You've self-diagnosed, and the Marburg test came back positive." The Marburg virus had reappeared in Uganda in 2007. It was a small outbreak AND for Ugandan miners and their families. It was also an international threat. The first team of scientists had collected about 800 bats from Kitaka Cave for dissecting and sampling, and marked and released more than 1,000, using beaded collars coded with a number. That team, including scientist Brian Amman, had found live Marburg virus in five bats. Entering Python Cave after Joosten's death, another team of scientists, again including Amman, came across one of the beaded collars they had placed on captured bats three months earlier and 30 miles away. "It confirmed my suspicions that these bats are moving," Amman said - and AND that question applies. Why not more Ebola? Why not more Sars? In the case of Sars, the scenario could have been very much worse. AND institutions - it might have burned through a much larger segment of humanity. One further factor, possibly the most crucial, was inherent in the way Sars AND will help it move through cities and airports like an angel of death. The Next Big One is a subject that disease scientists around the world often address AND made it so scary in 2003 to the people who understood it best. Human-to-human transmission is the crux. That capacity is what separates AND transmission, it could become the biggest and fastest killer disease since 1918. It got to Egypt in 2006 and has been especially problematic for that country. AND hasn't yet found an efficient way to pass from one person to another. Two aspects of the situation are dangerous, according to biologist Robert Webster. The AND virus could hit upon a genetic configuration making it highly transmissible among people. "As long as H5N1 is out there in the world," Webster told me, "there is the possibility of disaster. . . There is the theoretical possibility that it can acquire the ability to transmit human-to-human." He paused. "And then God help us." We're unique in the history of mammals. No other primate has ever weighed upon the planet to anything like the degree we do. In ecological terms, we are almost paradoxical: large-bodied and long-lived but grotesquely abundant. We are an outbreak. And here's the thing about outbreaks: they end. In some cases they end AND collapses? One possible factor is infectious disease, and viruses in particular.
Bioterror causes extinction Mhyrvold ‘13 Nathan, Began college at age 14, BS and Masters from UCLA, Masters and PhD, Princeton “Strategic Terrorism: A Call to Action,” Working Draft, The Lawfare Research Paper Series Research paper NO . 2 – 2013
As horrible as this would be, such a pandemic is by no means the AND be available to anybody with a solid background in biology, terrorists included.
Also causes rollback/circumvention Laura Young, Ph.D., Purdue University Associate Fellow, June 2013, Unilateral Presidential Policy Making and the Impact of Crises, Presidential Studies Quarterly, Volume 43, Issue 2 A president looks for chances to increase his power (Moe and Howell 1999). AND policy formation process. In short, focusing events increase presidential unilateral power.
Outweighs their mechanism Laura Young, Ph.D., Purdue University Associate Fellow, June 2013, Unilateral Presidential Policy Making and the Impact of Crises, Presidential Studies Quarterly, Volume 43, Issue 2
During periods of crisis, the time available to make decisions is limited. Because AND regardless of the institutional make-up of government or his persuasive abilities.
2NC LINK
Korematsu is a key precedent for deference to the executive in emergencies – that’s key to domestic emergency powers Davies 2k Major Kirk L. Davies (Chief of Ops Law in the Office of the Staff Judge Advocate, 16th Air Force; BUS and JD from U of Utah, LLM in I-Law and Ops-Law from the Judge Advocate General's School); “The Imposition of Martial Law In The United States”; Air Force Law Review, 2000 In analyzing relevant Supreme Court decisions in the area of executive emergency authority, political AND intern and relocate thousands of civilians of Japanese ancestry living within its borders. In two cases, the Supreme Court considered the legality of those governmental actions. n183 In both of these cases, the defendants were charged with violations of orders excluding them from certain areas or imposed curfews. n184 These rules applied to persons of Japanese ancestry regardless of *104 their citizenship status or evidence of their loyalty to the United States. In both cases, the Court upheld the government's actions. Fundamental to the Court's analysis in both cases was its view that in the arena of war making, the Court should not substitute its judgment for those who have been authorized by the Constitution to make such decisions. In Hirabayashi, the Court stated that, “where, as they did here, the conditions call for the exercise of judgment and discretion and for the choice of means by those branches of the Government on which the Constitution has placed the responsibility of war-making, it is not for any court to sit in review of the wisdom of their action or to substitute its judgment for theirs.” n185 The Court went on to emphasize the great amount of discretion it afforded the constitutionally appointed decision-makers in the area of war powers by noting that, “our investigation here does not go beyond the inquiry whether, in the light AND which they made. Whether we would have made it is irrelevant.” n186 *105 Despite widespread violations of citizens' most basic constitutional rights, the Court refused to interject itself into an area that it believed was beyond its authority. n187 Korematsu and Hirabayashi are not martial law cases, but while both are instructive, AND again, the Court validated the significance of Youngstown's three-tier template. Additionally, even though the case did not involve a declaration of martial law, AND approve similar actions when necessity dictated and martial law had been properly declared.
Another lesson from sixty years of wartime cases concerns the role of precedent itself in AND oppression to a broadly illuminating case about how courts supervise presidential war powers.
AT SYRIA
Only constrains humanitarian operations Goldsmith 8/31/13 Jack, Henry L. Shattuck Professor at Harvard Law School, where he teaches and writes about national security law, presidential power, cybersecurity, international law, internet law, foreign relations law, and conflict of laws. Before coming to Harvard, Professor Goldsmith served as Assistant Attorney General, Office of Legal Counsel from 2003–2004, and Special Counsel to the Department of Defense from 2002–2003. Professor Goldsmith is a member of the Hoover Institution Task Force on National Security and Law, “Obama’s Request to Congress Will Not Hamstring Future Presidents (Except for Some Humanitarian Interventions),” http://www.lawfareblog.com/2013/08/obamas-request-to-congress-will-not-hamstring-future-presidents-except-for-some-humanitarian-interventions/
Peter Spiro at OJ, and David Rothkopf of FP whom he cites, both AND constitutional perspective, for the President in this context to seek congressional approval.
2NC—DEFUNCT
Korematsu has been butchered as a precedent for racial classifications – its only function now is a springboard for condemning racism Muller 3 Eric L. Muller (Law Prof @ UNC); “Inference or Impact? Racial Profiling and the Internment's True Legacy”; Ohio State Journal of Criminal Law, Vol. 1, No. 1; November 7, 2003 All of this worrying about Korematsu’s vitality in our post-9/11 world AND repudiation of a case than the one the Court has given Korematsu.33 Dissenting in Korematsu, Justice Robert Jackson warned that the Court’s endorsement of racial discrimination AND of ethnic stereotyping that characterized the fundamental error of the Japanese internment.”37
Any effect Korematsu has now is just as a foundational anti-racism doctrine Harris 11 David A. Harris (Law Prof @ U of Pittsburgh); “On the Contemporary Meaning of Korematsu: “Liberty Lies in the Hearts of Men and Women””; Missouri Law Review: Vol. 76, No. 1; WINTER 2011 Korematsu as the Source of Suspect Class Analysis Under the Equal Protection Clause Korematsu may have a different meaning for lawyers whose careers began less than twenty years AND strict scrutiny. The heart of Justice Black’s majority opinion began by declaring: “All legal restrictions which curtail the civil rights of a single racial group are immediately suspect. That is not to say that all such restrictions are unconstitutional. It is to say that courts must subject them to the most rigid scrutiny. Pressing public necessity may sometimes justify the existence of such restrictions; racial antagonism never can.”62 If history has overruled the majority opinion and vindicated the dissenters, as Laurence Tribe said,63 Justice Black’s analysis of discrimination under the Equal Protection Clause still stands. Indeed, the Supreme Court’s modern thinking about equal protection begins with Korematsu. Every subsequent case that construes the Equal Protection Clause descends directly from Korematsu. For example, in the 1967 case Loving v. Virginia, the Supreme Court AND classifications as early as 1967 in Loving, which relied upon Korematsu.77 Thus, even though it seems a bit paradoxical, Korematsu lives as a vital AND Korematsu, itself, you would never know Mr. Korematsu lost.”79
1NR Turns solvency – wrecks judicial independence and the credibility of the courts – the are reduced to mere politicians Burbank 7 (2007, Stephen B., “Judicial Independence, Judicial Accountability, and Interbranch Relations,” http://georgetownlawjournal.org/files/pdf/95-4/burbank.pdf)JCP
Recent scholarship has also brought sharply into focus the fact that formal protections of federal AND means of ensuring decisions in accord with the preferences of the dominant coalition. However dif?cult it may be to amend constitutions, and however much we may like AND of no return to the traditional equilibrium in interbranch relations affecting the judiciary. The current poisonous condition of interbranch relations affecting the judiciary is in one sense unremarkable AND in individual cases (or at least those involving issues of high salience). One need not (and I do not) believe that elected politicians seek to AND courts, support that was offered even in the face of unpopular decisions. Richard Arnold was a distinguished appellate judge and master of federal judicial administration in part AND what the architects of our system intended, what developing American constitutionalism requires. Judge Arnold often stated that the judiciary must have the “continuing consent of the AND their punches”11 when the law requires an unpopular decision. Thus, I believe that Judge Arnold would have been relieved by the decisions of AND so.” I also imagine him wondering how long that will be true.
Specifically – this leads to more situations like korematsu and means the aff doesn’t remove the loaded gun at all Pushaw ‘4 Robert, James Wilson Endowed Professor, Pepperdine University School of Law, “Defending Deference: A Response to Professors Epstein and Wells,” http://law.missouri.edu/lawreview/files/2012/11/Pushaw.pdf
Although this approach is plausible in theory, I am not sure it would work AND blessing his unconstitutional conduct and instead would force him to shoulder full responsibility.
War turns structural violence Bulloch 8 Millennium - Journal of International Studies May 2008 vol. 36 no. 3 575-595 Douglas Bulloch, IR Department, London School of Economics and Political Science. He is currently completing his PhD in International Relations at the London School of Economics, during which time he spent a year editing Millennium: Journal of International Studies
But the idea that poverty and peace are directly related presupposes that wealth inequalities AND problems as fundamentally economic rather than deeply – and potentially radically – political.
Korematsu was PQD in every substantive way Fisher 5 LOUIS FISHER (Senior specialist in Seperation of Powers w/ the Congressional Research Service); “Judicial Review of the War Power”; Presidential Studies Quarterly: Volume 35, Issue 3, pages 466–495, September 2005 In 1943 and 1944, the Supreme Court upheld first the curfew and later the AND (Redish 1984-85, 1032-33, 1037, 1039). They make predictions too – like that korematsu will boil up in the future because it’s a loaded gun – this doesn’t follow the same falsifiable chain that ours does making it worse Benson and Stangroom 06 Ophelia and Jeremy, authors of many philosophy books, Why truth matters, 63-64 Science and other forms of empirical enquiry such as history and forensic investigation do have AND reason to want to live by lies and mistakes than anyone else has.
Predictions and scenario building are valuable for decision-making, even if they’re not perfect Garrett 12 Banning, In Search of Sand Piles and Butterflies, director of the Asia Program and Strategic Foresight Initiative at the Atlantic Council. http://www.acus.org/disruptive_change/search-sand-piles-and-butterflies
“Disruptive change” that produces “strategic shocks” has become an increasing AND respond, and our ability to see opportunities that we would otherwise miss. Survival fixation good Beres 1996 Louis Rene, Professor of Political Science and International Law at Purdue University, Feb., The Freeman http://www.freeman.org/m_online/ feb96/ beresn.htm
Fear of death, the ultimate source of anxiety, is essential to human survival AND it loses, possibly forever, the altogether critical benefits of "anxiety." Their arguments assume history is static—rapid changes over the next couple decades ensure war Miami Herald 2008 – quoting Global Trends 2025 (11/20, http://www.miamiherald.com/news/politics/AP/story/780918.html)
The risks of nuclear weapons being used and wars being fought over dwindling resources will AND "History tells us that rapid change brings many dangers," it said.
Life is a prerequisite to value to life and it’s inevitable Lisa Schwartz et al., Medical Ethicist, ‘2 (www.fleshandbones.com/readingroom/pdf/399.pdf)
The first criterion that springs to mind regarding the value of life is usually the AND to measure and will vary according to individual tastes, preferences and aspirations.
As a result, no general rules or principles can be asserted that would simplify decisions about the value of a life based on its quality.
2/8/14
Texas Round 6
Tournament: Texas | Round: 6 | Opponent: Mary Washington McElhinny-Pacheco | Judge: Brown 1NC DA 1 Sanctions push has run aground, but GOP is strategizing to revive the push Greg Sargent, WaPo, 2/3/14, Another big blow to the Iran sanctions bill, www.washingtonpost.com/blogs/plum-line/wp/2014/02/03/another-big-blow-to-the-iran-sanctions-bill/
The push for a new Iran sanctions bill may have stalled in the Senate, AND much less likely — particularly if it continues to pick up more signatures.
Declining political authority encourages defection. American political analyst Norman Ornstein writes of the domestic AND affects the character of U.S. policy, foreign and domestic.
The GOP will exploit this to flip Democratic votes on Iran—causes sanctions Josh Rogin, Daily Beast, 2/5/14, GOP Will Force Reid to Save Obama’s Iran Policy—Over and Over Again, www.thedailybeast.com/articles/2014/02/05/gop-will-force-reid-to-save-obama-s-iran-policy-over-and-over-again.html
Dozens of Republican senators joined Wednesday to demand that Harry Reid allow a floor vote on a new Iran sanctions bill. If he doesn’t, they are planning to make his life miserable. The Republican Senate caucus is planning to use every parliamentary trick in the book to AND pushing the vote total past a veto-proof two-thirds supermajority.
New sanctions cause negotiation collapse and Middle East War Rachel Kleinfeld, Carnegie Endowment For International Peace, 1/31/14, Sanctions Could Disrupt Negotiations With Iran, carnegieendowment.org/2014/02/03/sanctions-could-disrupt-negotiations-with-iran/h02v
Facing skyrocketing inflation, a collapsing currency and a sudden loss of imported goods, Iranians voted last year to kick out Mahmoud Ahmadinejad and elected a government they thought might jump-start their economy. The new government of President Hassan Rouhani is not "moderate" - but it is practical. It would like a nuclear weapon, but it wants economic relief more. Rouhani knows his only bargaining chip to end sanctions is to stop the nuclear weapons program. But the Rouhani government is on a short leash. Iran's supreme leader, Ali AND domestic backlash. He knows he has only a few months to deliver. That is why the congressional threat of more sanctions - even if they take effect only if the deal fails - is so dire. Hardliners and Khamenei will take such legislation as proof that the United States wants regime change, not an end to Iran's nuclear program. Rouhani himself has said that if sanctions legislation passes, negotiations are off. So why have more than 50 senators signed up as co-sponsors of new sanctions? Some do want regime change. So would we all - Iran is a noxious, terrorist-supporting, human-rights-destroying government. But regime change wouldn't end the security threat. Even the "Green Movement" that marched for democracy a few years ago wanted to obtain a nuclear weapon. Others think that sanctions got Iran to the negotiating table, so more sanctions will AND likely to give in to domestic pressure and reduce their sanctions against Iran. Finally, the American Israel Public Affairs Committee is lobbying Congress hard with the message that a vote against sanctions is a vote against Israel. To me, as a Jew and a Zionist, this is not only hogwash: It is allowing an unelected American nongovernmental organization to wrap itself in the Israeli flag while suggesting actions that threaten Israel. If we cannot end Iran's nuclear program with diplomacy, we will end it through AND is a vote for war - and for Iranian missile attacks on Israel.
Nuclear war James A. Russell, Senior Lecturer, National Security Affairs, Naval Postgraduate School, ‘9 (Spring) “Strategic Stability Reconsidered: Prospects for Escalation and Nuclear War in the Middle East” IFRI, Proliferation Papers, #26, http://www.ifri.org/downloads/PP26_Russell_2009.pdf
Strategic stability in the region is thus undermined by various factors: (1) AND the peoples of the region, with substantial risk for the entire world.
T
The aff must specify statutory or judicial restrictions—
“And/or” means one or the other or both CED ‘9 (http://dictionary.reference.com/browse/and2For) and/or — conj ( coordinating ) used to join terms when either one or the other or both is indicated: passports and/or other means of identification
Vote neg—plan text clarity key to specific negative ground and tests the core question of the resolution—where the authority is located—
To many following President Obama’s targeted-killing program, the idea of some formal AND Or as Ronald Reagan once put it: “Trust, but verify.”
Drone-based decapitation strategy key to prevent terrorist attacks Johnston 12 (Patrick B. Johnston is an associate political scientist at the RAND Corporation, a nonprofit, nonpartisan research institution. He is the author of "Does Decapitation Work? Assessing the Effectiveness of Leadership Targeting in Counterinsurgency Campaigns," published in International Security (Spring 2012)., 8/22/2012, "Drone Strikes Keep Pressure on al-Qaida", www.rand.org/blog/2012/08/drone-strikes-keep-pressure-on-al-qaida.html)
Should the U.S. continue to strike at al-Qaida's leadership with drone attacks? A recent poll shows that while most Americans approve of drone strikes, in 17 out of 20 countries, more than half of those surveyed disapprove of them. My study of leadership decapitation in 90 counter-insurgencies since the 1970s shows that when militant leaders are captured or killed militant attacks decrease, terrorist campaigns end sooner, and their outcomes tend to favor the government or third-party country, not the militants. Those opposed to drone strikes often cite the June 2009 one that targeted Pakistani Taliban AND cited drone strikes as a key motivation for his May 2010 attempted attack. Compared to manned aircraft, drones have some advantages as counter-insurgency tools, such as lower costs, longer endurance and the lack of a pilot to place in harm's way and risk of capture. These characteristics can enable a more deliberative targeting process that serves to minimize unintentional casualties. But the weapons employed by drones are usually identical to those used via manned aircraft and can still kill civilians—creating enmity that breeds more terrorists. Yet many insurgents and terrorists have been taken off the battlefield by U.S. drones and special-operations forces. Besides Mehsud, the list includes Anwar al-Awlaki of al-Qaida in the Arabian Peninsula; al-Qaida deputy leader Abu Yahya al-Li-bi; and, of course, al-Qaida leader Osama bin Laden. Given that list, it is possible that the drone program has prevented numerous attacks by their potential followers, like Shazad. What does the removal of al-Qaida leadership mean for U.S. national security? Though many in al-Qaida's senior leadership cadre remain, the historical record suggests that "decapitation" will likely weaken the organization and could cripple its ability to conduct major attacks on the U.S. homeland. Killing terrorist leaders is not necessarily a knockout blow, but can make it harder for terrorists to attack the U.S. Members of al-Qaida's central leadership, once safely amassed in northwestern Pakistan while America shifted its focus to Iraq, have been killed, captured, forced underground or scattered to various locations with little ability to communicate or move securely. Recently declassified correspondence seized in the bin Laden raid shows that the relentless pressure from the drone campaign on al-Qaida in Pakistan led bin Laden to advise al-Qaida operatives to leave Pakistan's Tribal Areas as no longer safe. Bin Laden's letters show that U.S. counterterrorism actions, which had forced him into self-imposed exile, had made running the organization not only more risky, but also more difficult. As al-Qaida members trickle out of Pakistan and seek sanctuary elsewhere, the U.S. military is ramping up its counterterrorism operations in Somalia and Yemen, while continuing its drone campaign in Pakistan. Despite its controversial nature, the U.S. counter-terrorism strategy has demonstrated a degree of effectiveness. The Obama administration is committed to reducing the size of the U.S. military's footprint overseas by relying on drones, special operations forces, and other intelligence capabilities. These methods have made it more difficult for al-Qaida remnants to reconstitute a new safe haven, as Osama bin Laden did in Afghanistan in 1996, after his ouster from Sudan.
Extinction Hellman 8 (Martin E. Hellman, emeritus prof of engineering @ Stanford, “Risk Analysis of Nuclear Deterrence” SPRING 2008 THE BENT OF TAU BETA PI, http://www.nuclearrisk.org/paper.pdf)
The threat of nuclear terrorism looms much larger in the public’s mind than the threat AND assume that preventing World War III is a necessity—not an option.
K Legal restraints motivated by conflict narratives naturalize exceptional violence—the impact is endless intervention and WMD warfare John Morrissey, Lecturer in Political and Cultural Geography, National University of Ireland, Galway; has held visiting research fellowships at University College Cork, City University of New York, Virginia Tech and the University of Cambridge. 2011, “Liberal Lawfare and Biopolitics: US Juridical Warfare in the War on Terror,” Geopolitics, Volume 16, Issue 2, 2011
In the ‘biopolitical nomos’ of camps and prisons in the Middle East and elsewhere AND legally sanctioned military violence and to maximize its ‘operational capacities of securitization’. A bigger question, of course, is what the US military practices of lawfare AND who “participates in discussions of strategy and tactics”.118 The US military’s liberal lawfare reveals how the rule of law is simply another securitization AND necessitated by the perennial political economic ‘need’ to securitize volatility and threat. Conclusion: enabling biopolitical power in the age of securitization “Law and force flow into one another. We make war in the shadow of law, and law in the shadow of force” – David Kennedy, Of War and Law 124 Can a focus on lawfare and biopolitics help us to critique our contemporary moment’s proliferation AND even sometimes embracing it – as a tactic of statecraft and war”.128 Since the inception of the war on terror, the US military has waged incessant AND ‘make live’ and the anticipating and management of life’s uncertain ‘future’. Some of the most key contributions across the social sciences and humanities in recent years AND toxic combination’ of US geopolitics and biopolitics defining the current age of securitization.
Vote neg to debase the aff’s reliance securitized law in favor of democratic restraints on the President Stephanie A. Levin 92, law prof at Hampshire College, Grassroots Voices: Local Action and National Military Policy, 40 Buff. L. Rev. 372
In this sense, what is important about federalism is not that it locates power AND Only in this dynamic tension does the best protection for the citizenry lie.
CP The executive branch should establish ex ante transparency of targeted killing standards and procedures. The United States federal government should maintain its current targeted killing program.
The status quo is always an option – proving the CP worse does not justify the plan. Logical decision-making is the most portable skill.
And, presumption remains negative—the counterplan is less change and a tie goes to the runner.
Executive order establishing transparency of targeting decisions resolves drone legitimacy and resentment Jennifer Daskal, Fellow and Adjunct Professor, Georgetown Center on National Security and the Law, Georgetown University Law Center, April 2013, ARTICLE: THE GEOGRAPHY OF THE BATTLEFIELD: A FRAMEWORK FOR DETENTION AND TARGETING OUTSIDE THE "HOT" CONFLICT ZONE, 161 U. Pa. L. Rev. 1165
4. Procedural Requirements Currently, officials in the executive branch carry out all such ex ante review of AND there is no equivalent effort in areas outside the active conflict zone. n164 Meanwhile, the degree of ex post review of detention decisions depends on the location of detention as opposed to the location of capture. Thus, *1219 Guantanamo detainees are entitled to habeas review, but detainees held in Afghanistan are not, even if they were captured far away and brought to Afghanistan to be detained. n165 Enhanced ex ante and ex post procedural protections for both detention and targeting, coupled with transparency as to the standards and processes employed, serve several important functions: they can minimize error and abuse by creating time for advance reflection, correct erroneous deprivations of liberty, create endogenous incentives to avoid mistake or abuse, and increase the legitimacy of state action. a. Ex Ante Procedures Three key considerations should guide the development of ex ante procedures. First, any AND employed must be transparent and sufficiently credible to achieve the desired legitimacy gains. These considerations suggest the value of an independent, formalized, ex ante review system. Possible models include the Foreign Intelligence *1220 Surveillance Court (FISC), n168 or a FISC-like entity composed of military and intelligence officials and military lawyers, in the mode of an executive branch review board. n169 Created by the Foreign Intelligence Surveillance Act (FISA) in 1978, n170 the AND an unauthorized disclosure of an application to or order from the FISC court. An ex parte review system for targeting and detention outside zones of active hostility could AND would leave target identification and time-sensitive decisionmaking to the operators. n174 Moreover, there should be a mechanism for emergency authorizations at the behest of the AND place) as soon as practicable but at most within seven days. n176 Finally, and critically, given the stakes in any application namely, the deprivation of life someone should be appointed to represent the potential target's interests and put together the most compelling case that the individual is not who he is assumed to be or does not meet the targeting criteria. The objections to such a proposal are many. In the context of proposed courts AND to avoid ad hoc decisionmaking and will ensure consistency across administrations and time. Some also condemn the ex parte nature of such reviews. n179 But again, AND which an official is obligated to act as advocate for the potential target. That said, there is a reasonable fear that any such court or review board AND those features in and of themselves can lead to increased reflection and restraint. Additional accountability mechanisms, such as civil or criminal sanctions in the event of material misrepresentations or omissions, the granting of far-reaching authority to the relevant Inspectors General, and meaningful ex post review by Article III courts, n182 are also needed to help further minimize abuse. Conversely, some object to the use of courts or court-like review as AND Article III-FISC model, further addresses some of the constitutional concerns. Some also have warned that there may be no "case or controversy" for AND would be issuing a warrant for the most extreme type of seizure. n189 It is also important to emphasize that a reviewing court or review board would not AND available to deal with exceptional cases where ex ante approval is not possible. Additional details will need to be addressed, including the temporal limits of the court's AND the threat, consistent with what courts regularly do when they issue warrants. In the absence of such a system, the President ought to, at a AND Given the stakes, a clear and convincing evidentiary standard is warranted. n195 While this proposal is obviously geared toward the United States, the same principles should apply for all states engaged in targeting operations. n196 States would ideally subject such determinations to independent review or, alternatively, clearly articulate the standards and procedures for their decisionmaking, thus enhancing accountability. b. Ex Post Review For targeted-killing operations, ex post reviews serve only limited purposes. They AND against rash ex ante decisionmaking, thereby providing a self-correcting mechanism. Ex post review should also be accompanied by the establishment of a solatia and condolence payment system for activities that occur outside the active zone of hostilities. Extension of such a system beyond Afghanistan and Iraq would help mitigate resentment caused by civilian deaths or injuries and would promote better accounting of the civilian costs of targeting operations. n198
CASE SOLVENCY
Drone court is unworkable—doesn’t solve legitimacy Vladeck, professor of law – American University Washington College of Law, 2/27/’13 (Stephen I., “Statement of Stephen I. Vladeck Professor of Law and Associate Dean for Scholarship American University Washington College of Law,” TARGETING AMERICAN TERRORISTS OVERSEAS; HOUSE JUDICIARY COMMITTEE, CQ)
This ties together with the related point of just how difficult it would be to AND and practically possible, a drone court would be a very dangerous idea.
From the start, the Fisa court was a radical perversion of the judicial process AND lack of real independence, the court itself was housed in the DOJ. And, and was totally predictable, the court barely ever rejected a government request for eavesdropping. From its inception, it was the ultimate rubber-stamp court, having rejected a total of zero government applications - zero - in its first 24 years of existence, while approving many thousands. In its total 34 year history - from 1978 through 2012 - the Fisa court has rejected a grand total of 11 government applications, while approving more than 20,000. Despite how obedient and compliant this court always was, the Bush administration decided in AND in essence, simply legalized the warrantless eavesdropping scheme of the Bush administration. That new Fisa law vested vast new surveillance powers in the US government to spy AND no reforms, and Congress, on a fully bipartisan basis, complied. One of the provisions of the new Fisa law requires the DOJ annually to disclose to Congress the number of eavesdropping applications it files and the number approved and rejected by the Fisa court. Earlier this week, that disclosure was provided to Senate Majority Leader Harry Reid for the year 2012, and this is what it reported: Let's repeat that: "of 1,789 applications, the FISA court did AND , "did not deny any applications in whole, or in part". What makes all of this worse is just how extreme the US government is " AND
rubber-stamping virtually anything and everything the government wants to do. There are many reasons that explain this judicial obeisance. Part of it is fear AND unimpeded. These shockingly lopsided statistics attest to the success of this design. This is significant not only because it means there is no real check on the AND . The New York Times Editorial Page has been advocating this for years. The rationale offered is the same as what was used to justify the Fisa court AND secret to a court before the suspect is placed on a kill list." But does anyone believe that a "drone court" would be any less of AND counsel Jeh Johnson put it in a speech last month discussing this proposal: "Its proceedings would necessarily be ex parte and in secret, and, like AND before a 'drone court' operating in secret is criticized in the same way?"
No groupthink Anthony Hempell 4 User Experience Consulting Senior Information Architect, “Groupthink: An introduction to Janis' theory of concurrence-seeking tendencies in group work., http://www.anthonyhempell.com/papers/groupthink/, March 3 In the thirty years since Janis first proposed the groupthink model, there is still AND a testable variable (Hogg and Hains, 1998; Park, 2000). Some researchers have criticized Janis for categorically denouncing groupthink as a negative phenomenon (Longley AND Thompson and McGrath, 1990, cited in Choi and Kim, 1999). Another criticism of groupthink is that Janis overestimates the link between the decision-making process and the outcome (McCauley, 1989; Tetlock, Peterson, McGuire, Chang and Feld, 1992; cited in Choi and Kim, 1999). Tetlock et al argue that there are many other factors between the decision process and the outcome. The outcome of any decision-making process, they argue, will only have a certain probability of success due to various environmental factors (such as luck). A large-scale study researching decision-making in seven major American corporations concluded that decision-making worked best when following a sound information processing method; however these groups also showed signs of groupthink, in that they had strong leadership which attempted to persuade others in the group that they were right (Peterson et al, 1998, cited in Sunstein, 2003). Esser (1998) found that groupthink characteristics were correlated with failures; however cohesiveness did not appear to be a factor: groups consisting of strangers, friends, or various levels of previous experience together did not appear to effect decision-making ability. Janis' claims of insulation of groups and groups led by autocratic leaders did show that these attributes were indicative of groupthink symptoms. Moorhead and Montanari conducted a study where they concluded that groupthink symptoms had no significant effect on group performance, and that "the relationship between groupthink-induced decision defects and outcomes were not as strong as Janis suggests" (Moorhead and Montanari, 1986, p. 399; cited by Choi and Kim, 1999). Overall, the groupthink hypothesis appears to be valuable as a descriptive, analytic and AND that can help illuminate the inexact spheres of organizational behaviour and communications theory.
The objection to civilian deaths draws out a related criticism: Why should the United AND behaves malignantly, drones will not be responsible. Its leaders will be.
China won’t use drones offensively Erickson, associate professor – Naval War College, associate in research – Fairbank Centre @ Harvard, 5/23/’13 (Andrew, China Has Drones. Now What?", www.foreignaffairs.com/articles/136600/andrew-erickson-and-austin-strange/china-has-drones-now-what)
Beijing, however, is unlikely to use its drones lightly. It already faces AND caution - something Washington must bear in mind with its own drone programme.
No SCS conflict—China can’t afford to escalate Allen Carlson, Cornell University Associate Professor, 2/21/13, China Keeps the Peace at Sea, www.foreignaffairs.com/articles/139024/allen-carlson/china-keeps-the-peace-at-sea?page=show
At times in the past few months, China and Japan have appeared almost ready AND decision set off a wave of violent anti-Japanese demonstrations across China. In the wake of these events, the conflict quickly reached what political scientists call AND now show glimmers of willingness to dial down hostilities and to reestablish stability. Some analysts have cited North Korea's recent nuclear test as a factor in the countries' AND foreign and security policy challenge where their interests are not diametrically at odds." The nuclear test, though, is a red herring in terms of the conflict over the disputed islands. In truth, the roots of the conflict -- and the reasons it has not yet exploded -- are much deeper. Put simply, China cannot afford military conflict with any of its Asian neighbors. It is not that China believes it would lose such a spat; the country AND , from authorizing the use of deadly force in the Diaoyu Islands theater. For over three decades, Beijing has promoted peace and stability in Asia to facilitate AND Today, China's economy is second only to that of the United States. The fundamentals of Deng's grand economic strategy are still revered in Beijing. But any AND thus little reason to think that China is readying for war with Japan. At the same time, the specter of rising Chinese nationalism, although often seen AND in China and, almost as quickly, catalyze popular protests against Japan. Demonstrators would call for blood, and if the government (fearing economic instability) did not extract enough, citizens would agitate against Beijing itself. Those in Zhongnanhai, the Chinese leadership compound in Beijing, would find themselves between a rock and a hard place. It is possible that Xi lost track of these basic facts during the fanfare of his rise to power and in the face of renewed Japanese assertiveness. It is also possible that the Chinese state is more rotten at the core than is understood. That is, party elites believe that a diversionary war is the only way to hold on to power -- damn the economic and social consequences. But Xi does not seem blind to the principles that have served Beijing so well over the last few decades. Indeed, although he recently warned unnamed others about infringing upon China's "national core interests" during a foreign policy speech to members of the Politburo, he also underscored China's commitment to "never pursue development at the cost of sacrificing other country's interests" and to never "benefit ourselves at others' expense or do harm to any neighbor."
This is a bad joke—territorial dispute makes the conflict inevitable, America is not involved so the norm wouldn’t apply, the issue is surveillance drones, AND THERE’S NO IMPACT Auslin, resident scholar at the American Enterprise Institute, 11-5-13 (Michael, “Tensions Are Escalating in The East China Sea,” http://online.wsj.com/news/articles/SB10001424052702303482504579178850122997242, accessed 11-9-13, CMM)
The East China Sea may see the world's first war started by aerial drones. AND and advanced aircraft is also certain to drive Asia's arms spending even higher. UMW’s card ends Washington may want to avoid endorsing the territorial claims of either Tokyo or Beijing, AND old-fashioned diplomacy to keep the East China Sea from boiling over.
SAUDI
Economic collapse doesn’t cause war Jervis, professor of political science – Columbia University, ‘11 (Robert, Force in Our Times,” Survival, Vol. 25, No. 4, p. 403-425)
Even if war is still seen as evil, the security community could be dissolved AND times bring about greater economic conflict, it will not make war thinkable.
Data disproves hegemony impacts Fettweis, 11 Christopher J. Fettweis, Department of Political Science, Tulane University, 9/26/11, Free Riding or Restraint? Examining European Grand Strategy, Comparative Strategy, 30:316–332, EBSCO
It is perhaps worth noting that there is no evidence to support a direct relationship AND , one would not have expected an increase in global instability and violence. The verdict from the past two decades is fairly plain: The world grew more AND analysis should be necessary to reach the conclusion that the two are unrelated. Military spending figures by themselves are insufficient to disprove a connection between overall U. AND back on its spending during the 1990s, its relative advantage never wavered. However, even if it is true that either U.S. commitments or AND , which would save untold trillions for an increasingly debt-ridden nation. It is also perhaps worth noting that if opposite trends had unfolded, if other AND global policeman. Those who think otherwise base their view on faith alone.
Alt causalities, relations resilient, and the US doesn’t care—their author HENDERSON, Baker fellow and director of the Gulf and Energy Policy Program at the Washington Institute for Near East Policy, 11-1-13 (Simon, “The U.S.-Saudi Royal Rumble,” http://www.foreignpolicy.com/articles/2013/11/01/the_us_saudi_royal_rumble?page=full, accessed 11-2-13, CMM)
What is happening to the U.S. relationship with Saudi Arabia? Even AND It faults Washington for pursuing a rapprochement with Iran, for not pushing Israel
harder in peace talks with the Palestinians, and for not more forcefully backing efforts AND Nations and Bandar's briefing, the kingdom is all but trumpeting its displeasure. UMW’s card begins
Drones are sustainable—US government won’t react to backlash Benjamin Wittes, editor in chief of Lawfare and a Senior Fellow in Governance Studies at the Brookings Institution. He is the author of several books and a member of the Hoover Institution's Task Force on National Security and Law, 2/27/13, In Defense of the Administration on Targeted Killing of Americans, www.lawfareblog.com/2013/02/in-defense-of-the-administration-on-targeted-killing-of-americans/
This view has currency among European allies, among advocacy groups, and in the AND which the executive branch is entitled to rely in formulating its legal views.
2NC AT: CAUCUSES Peace accords being negotiated now over armed forces reductions - that deescalates conflict and proves drones aren’t key Radio Free Europe 11/22/13 “Are Armenia, Azerbaijan Closer To Signing Basic Principles Of Karabakh Peace Agreement?” http://www.rferl.org/content/armenia-azerbaijan-karabakh-agreement/25177111.html
During their two-hour talks in Vienna on November 19, the presidents of AND some elements over others would make it impossible to achieve a balanced solution." ICG makes these escalation predictions yearly. It’s just fear-mongering. Marina Ananikyan, 9/27/2013. “Who pays ICG for forecasting new war in Karabakh?” PanArmenian, http://www.panarmenian.net/eng/news/170539/Who_pays_ICG_for_forecasting_new_war_in_Karabakh.
A well known International Crisis Group issued yet another analysis on the Karabakh conflict. As usual, the pessimistic ICG forecasts resumption of a war, escalation of tensions, however, being untruthful in an attempt to preserve the appearance of objectivity. In its overview titled Armenia and Azerbaijan: A Season of Risks, the group predicts that “should a full-scale conflict between Armenia and Azerbaijan break out again, some or all of the regional powers – Russia, Turkey and Iran – could be drawn in, directly.” “Vigorous international engagement is needed to lessen chances of violent escalation during coming weeks and months,” the Group believes, setting hopes on Russia: “Russia, which is highly influential in all aspects of the conflict and would be the most directly affected of the Minsk co-chairs by a new war, should act more decisively to broker an agreement. It could advance this by announcing a suspension of arms supplies to both sides.” Now, about being untruthful. In its analysis, the Group says. “Peace talks on Nagorno-Karabakh bogged down in 2011, accelerating an arms race and intensifying strident rhetoric. Terms like “Blitzkrieg’’, “pre-emptive strike’’ and ‘‘total war” have gained currency with both sides’ planners.” The truth is, Armenian side does not engage in military rhetoric, the latter being Azerbaijan’s “privilege,” with the country’s leadership missing no chance to express their aggressive moods. Armenia’s “strident rhetoric” is limited to mere expressions of readiness to resist Azeri attacks. Same with “accelerating an arms race.” Baku is the one overtly purchasing and manufacturing inordinate amounts of weaponry, in violation of all international quotas to compensate for lack of expertise in its army, which has already been defeated once. But back to the analysis. “An immediate concern is military miscalculation, with implications that could far exceed those of a localized post-Soviet frozen conflict, as the South Caucasus, a region where big powers meet and compete, is now also a major energy corridor. Clashes increasingly occur along the Azerbaijani-Armenian frontier far from Nagorno Karabakh, the conflict’s original focus,” the analysis says. Now what the analysis dubs as “clashes” are incessant Azeri-staged provocations, with Baku sinking as low as shelling Armenian villages or preventing a doctor from aiding a person blown up on a mine who later bled to death, as they did only recently. As the analysis notes, “the possibility of internal political unrest in both countries increases the uncertainty. Unrest at home might tempt leaders to deflect attention by raising military tensions or to embark on risky attempts to capitalize on their adversary’s troubles.” Last year, Sabine Freizer, Director of the European Programs in the International Crisis Group gave yet another prediction of an oncoming war in Karabakh. “Armenian -Azerbaijani clashes may grow into a war in the region, where BP Company and its partners invested USD 35 billion in energy projects. Both parties to the conflict maintain weak control of the line of contact. Large-scale hostilities may soon erupt by accident, as a consequence of retaliatory measures taken,” she said. Probably reluctant to seem Cassandra-like and be slammed by Yerevan or Baku, AND states and Azerbaijan having close ethnic, political and economic ties with Turkey. Luckily, Freizer’s predictions failed to come true, similarly to previous analysis-based forecasts of the ICG. The question is, who pays the Group to issue somber predictions and escalate the tension over the issue? Because the only thing the ICG managed to achieve throughout the years is become resented - both in Armenia and Azerbaijan. Always saber-rattling. Never war. Joshua Kucera, 12/28/2011. Freelance journalist specializing in Central Asia and the Caucasus. “Predicting Conflict in 2012: Karabakh? Tajikistan? Uzbekistan? Iran?” EurasiaNet, http://www.eurasianet.org/node/64765.
In Nagorno Karabakh, Jackson sees a continuation of tension, but no escalation: Along the Line of Contact in Karabakh, the grim litany of skirmishes and deaths by sniper fire will rumble along. Both Armenia and Azerbaijan are now deploying drones along the LoC, so expect the conflict to gain a new, aerial dimension (we’ve seen the first signs already). Sabre-rattling, military exercises and soaring defence budgets will all continue, but - as previously – don’t expect a new shooting war. *Alex Jackson is an independent writer focusing on politics, security, economics and energy in the Caspian region and conducting research and analysis for a number of think tanks.
2NC RUBBER STAMP
The aff is a rubberstamp—means it doesn’t solve drone accountability which makes all of their impacts inevitable—even though judges have life tenure, they are afraid to turn down government requests—they haven’t rejected one in 24 years—that’s Greenwald. It’s a structural issue that the aff can’t solve—drones would be even worse than FISA. Vladeck 13 (Steve, professor of law and the associate dean for scholarship at American University Washington College of Law, Lawfare, “Why a “Drone Court” Won’t Work–But (Nominal) Damages Might…”, http://www.lawfareblog.com/2013/02/why-a-drone-court-wont-work/, February 10, ZBurdette)
III. Drone Courts and the Legitimacy Problem That brings me to perhaps the biggest problem we should all have with a “drone court”–the extent to which, even if one could design a legally and practically workable regime in which such a tribunals could operate, its existence would put irresistible pressure on federal judges to sign off even on those cases in which they have doubts. As a purely practical matter, it would be next to impossible meaningfully to assess AND -the-fact record. Judges, after all, are humans.
The Pentagon's former top lawyer questioned proposals for a so-called drone court to review the Obama administration's targeted-killing campaign, arguing that such oversight likely would be viewed as a rubber stamp. Instead, Jeh Johnson, who was general counsel of the Defense Department until the end of last year, said the government should consider shifting more of the program to the military from the intelligence services. Moving control away from the Central Intelligence Agency, Mr. Johnson said, would allow for more transparency and boost public confidence, avoiding the need for a new court. Criticism of drone strikes and targeted killings—especially involving American citizens—has fueled interest in Congress and elsewhere in the creation of a special court to oversee the lethal operations. In a speech Monday at Fordham University School of Law in New York, Mr. Johnson said the government should be more transparent about its counterterrorism operations. As it stands, Mr. Johnson said, the government doesn't disclose classified CIA counterterrorism successes and cannot "confirm, deny or clarify" accusations of errant strikes or civilian casualties. He also argued the military would give a stronger legal basis for counterterrorism operations. The military currently conducts some of the U.S. drone strikes in Yemen and all of the strikes in Somalia and Afghanistan. Mr. Johnson's speech came as questions mount about drone use, both from liberal human-rights groups as well as conservatives such as Sen. Rand Paul, the Kentucky Republican who recently waged a nearly 13-hour filibuster on the subject. The growing suspicion has spurred proposals for a national-security court to approve the addition of terror suspects to an administration kill list. Sen. Angus King (I., Maine) said it was critical for there to be some check on the government's power when it comes to targeting American citizens. "This isn't an insertion of a court…into a war-fighting situation," Sen. King said. "We are talking about targeting Americans in situations where there is time for an intermediate step." The drone program has also been debated within the military. Leon Panetta, former defense secretary and onetime CIA director, favors greater military control. But some senior officers have said moving the program away from the agency likely would lead to more restrictions, making it harder to target militants. The officers also say increasing strikes' transparency would give the public more information but could allow militants to learn more, possibly enough to avoid being targeted. Under the Foreign Intelligence Surveillance Act, Congress has set up court oversight of national-security surveillance inside the U.S. Voicing doubts about establishment of a similar court to oversee drone strikes, Mr. Johnson said its proceedings would be secret and judges likely would reject few of the government's requests. That would lead the media and the public to take a skeptical view of it, he said. Mr. Johnson added that such a court may be unconstitutional, by infringing on the president's role as commander in chief.
With the multi-year drone assassination campaign of President Obama suddenly getting some attention in Congress, a number of Representatives and Senators are laying out their personal views on the program and ideas for improving it. The views are varied in exact position but not so much in substance, as virtually to a man the lawmakers are endorsing drone assassinations in some form more or less unchanged from what it is now, and are just debating the best way to get some formal legal system around the practice of summary, worldwide execution-by-robot. Sen. John McCain (R – AZ) was critical of the idea of the CIA assassinating people with drones in the first place, mysteriously an issue that he hasn’t discussed much in the past four-plus years of them doing so. His proposal isn’t to stop assassinating people or to take President Obama’s power to unilaterally do so away, of course. Instead McCain simply believes the drones should be under the Pentagon’s control, saying that it wasn’t a “spy agency” thing to do. Sen. Rand Paul (R – KY) called it “very unseemly” that the president can kill people without any review, though he added that he was “probably for executing” Americans abroad with drones and simply wanted to see the evidence first. Rep. Mike Rogers (R – MI), the Intelligence Committee Chair, says things are fine the way they are, claiming to have personally overseen every single air strike in the war on terror, whether it was launched by the Pentagon or the CIA. The lack of legal structure which has so confounded his Senate counterparts appeared totally irrelevant to him, leaving him accusing them of exaggerating the problem. Perhaps the least comfortable with the program was Rep. Keith Ellison (D – MN), who says that it is time for Congressional hearings on the practice and the creation of some sort of legal framework surrounding the killings. Nominee for CIA Director John Brennan has opposed changes to the program, including calls from some Senators to create a secret court to examine evidence against potential victims, saying that the drones were not for retaliatory killings, but rather killing people for what they will do in the future, something which would be difficult to build a court around. As with Congress, the concern for killing people simply on the basis that they AND Congress for over four years, the interest must seem quaint to them.
The challenges of oversight The Bureau has previously questioned the effectiveness of the intelligence committees’ oversight of drone strikes. In February 2013. Feinstein used opening remarks at John Brennan’s nomination hearings to claim her committee had done its ‘utmost to confirm’ low civilian casualties in CIA drone strikes. The Bureau contacted four fellow independent organisations which had carried out field investigations looking at civilian casualties in Pakistan. Each had published evidence of civilian casualties – yet none had ever been contacted by committee members or their staff in response to their findings, raising concerns the committee is too dependent on the intelligence community’s assessments. Current committee members have complained about being blocked from robust scrutiny. At Brennan’s nomination AND questions, they were evaded; they were distorted, et cetera.’ Such evasions are not limited to CIA directors. In June the director of national intelligence, James Clapper, admitted he had given the SSCI a ‘clearly erroneous’ response earlier in the year when he told an open hearing that the National Security Agency (NSA) did not ‘wittingly’ collect data on millions of Americans. The public retraction came only after former intelligence contractor Edward Snowden leaked documents indicating that such mass surveillance programmes were in operation. Even where members can access information, Feinstein has said the committee can be blocked from acting on it. Following Brennan’s hearing, Feinstein told political blog The Hill: ‘Right now it is very hard to oversee the drone programme because it is regarded as a covert activity, so when you see something that is wrong and you ask to be able to address it, you are told no.’ The present scrutiny system evolved in the wake of the Watergate affair. A series of controversial intelligence practices emerged, including attempted assassinations of overseas political leaders and illegal intelligence-gathering on US citizens. Amid a growing sense that the intelligence services had been allowed to run amok, a series of inquiries – the most well-known of which was the Church Commission, headed by Senator Frank Church – combed through the activities of the CIA, FBI and NSA, identifying multiple abuses and overreachings. The Senate and House intelligence committees were established to provide the kind of scrutiny that might prevent such abuses happening again. A source with knowledge of the intelligence committees under previous administrations pointed the Bureau to the significant challenges of overseeing operations that are by their very nature secret. They pointed out that the committee has the power to request access to any information it requires. But this requires members or staffers to know such information exists. ‘It’s a serious question as to how much any elected official could possibly understand about what’s going on inside,’ the source said. Politicians had to ask themselves: ‘Do I know enough to ask the right questions, and how can I count on really being given the full picture?,’ they added. ‘If you wanted to find out what’s really going on, you had to get really tough – you had to talk to people and say, cut the crap. If you lie to me, I will have your head on a plate,’ the source told the Bureau. Regarding the current committee’s oversight of the drone programme, they said, ‘Did somebody really do a tough job there and put the necessary pressure on people to get a result?’ While elected members might struggle to find the time to delve into complex matters of national security, the close links between committee staffers and the intelligence community can further hamper scrutiny, the source added. ‘You can’t get a job on one of these committees if you don’t have high-level security clearance – so you can’t get a job without being part of the system. This automatically puts you inside a circle of people who all can talk to each other, but in the knowledge that if they step out of line when the job’s finished, they will be finished. ‘There’s a huge risk for any staff member who crosses people inside the system,’ they said. ‘This is the problem of the netherworld and its interaction with democratic institutions… It really is a very difficult problem and the solution that Frank Church came up with wasn’t enough,’ said the source.
1NC AT: LIMITING DRONES GOOD ADV Turn—drone court would legitimize and expand drone use. Vladeck 13 (Steve, professor of law and the associate dean for scholarship at American University Washington College of Law, Lawfare, “Why a “Drone Court” Won’t Work–But (Nominal) Damages Might…”, http://www.lawfareblog.com/2013/02/why-a-drone-court-wont-work/, February 10, ZBurdette)
III. Drone Courts and the Legitimacy Problem That brings me to perhaps the biggest problem we should all have with a “drone court”–the extent to which, even if one could design a legally and practically workable regime in which such a tribunals could operate, its existence would put irresistible pressure on federal judges to sign off even on those cases in which they have doubts. As a purely practical matter, it would be next to impossible meaningfully to assess AND -the-fact record. Judges, after all, are humans. In the process, the result would be that such ex ante review would do AND and practically possible, a drone court would be a very dangerous idea.
If the United States did set up a drone target court, human rights advocates would still likely have problems with it. Geoffrey Robertson, one of Britain's most prominent human rights lawyers, described the current U.S. drone-strike policy as "execution without trial" and "international killing (which) ... violates the right to life." Robertson said that in his interpretation of international law, any court set up to review candidates for possible drone attacks would have to publish target lists, so that those listed would have an opportunity either to give themselves up or be able to have friends or relatives petition for their removal from the lists.
This month marks the one-year anniversary of the onset of U.S AND military force.¶ Running roughshod over Congress has becoming something of a norm w
ithin the Obama administration. As one foreign-policy analyst close to the White AND be the greatest legacy of the U.S. intervention in Libya.
1NC---SIGNING STATEMENTS
Obama will signing statement the aff—hollows the restriction out Jeffrey Crouch, assistant professor of American politics at American University, Mark J. Rozell, acting dean and a professor of public policy at George Mason University, and Mitchel A. Sollenberger, associate professor of political science at the University of Michigan-Dearborn, December 2013, The Law: President Obama's Signing Statements and the Expansion of Executive Power, Presidential Studies Quarterly 43.4
In a January 2013 signing statement, President Barack Obama stated that his constitutional powers as president limited him to signing or vetoing a law outright and that he lacked the authority to reject legislative provisions “one by one.” Yet he then proceeded in a nearly 1,200 word statement to pick the law apart, section by section, and to effectively challenge many provisions by declaring that they violated his constitutional powers as commander in chief. According to his signing statement, a provision restricting the president's authority to transfer detainees AND housed (P.L. 112-239; see Fisher 2013). Obama also objected to a number of provisions that he claimed would violate his “constitutional duty to supervise the executive branch” and several others that he said could encroach upon his “constitutional authority to recommend such measures to the Congress as I ‘judge necessary and expedient.’ My Administration will interpret and implement these provisions in a manner that does not interfere with my constitutional authority” (Obama 2013). What the president could not block or modify through concessions or veto threats during budget negotiations with members of Congress, he decided he could unilaterally strip from a signed bill. Similar to his predecessor, George W. Bush, Obama suggested that he was the ultimate “decider” on what is constitutional and proper. Few acts by occupants of the White House so completely embody the unchecked presidency. Candidate Obama on Signing Statements President Obama's actions have been surprising given that he proclaimed AND use signing statements to do end runs around Congress” (James 2009). Any expectations for a shift in the exercise of signing statements ultimately were misplaced, AND some of the more aggressive forms of constitutional signing statements that impact appropriations.
2NC---NO GROUPTHINK EXTENSION
And, Chehab concedes there are too many alt causes Chehab, Georgetown Law Center, 2012 Ahmad, 3-30-12, “Retrieving the Role of Accountability in the Targeted Killings Context: A Proposal for Judicial Review” http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2031572, p.30-3, accessed 9-15-13, TAP
The practical, pragmatic justification for the COAACC derives largely from considering social psychological findings AND and other associated deficiencies are inevitable features in Executive Branch decision-making.
This administration doesn’t link Pillar, 13 -- Brookings Foreign Policy Senior Fellow Paul, "The Danger of Groupthink," The National Interest, 2-26-13, webcache.googleusercontent.com/search?q=cache:6rnyjYlVKY0J:www.brookings.edu/research/opinions/2013/02/26-danger-groupthink-pillar+andcd=3andhl=enandct=clnkandgl=us
David Ignatius has an interesting take on national security decision-making in the Obama AND voice those opinions freely that led to the fevered opposition to his nomination.
But the misconceptions concerning drones are not limited to the practical effects of U. AND ever-expanding entitlement for itself to target individuals across the globe.”168
b) US precedent is locked in and it’s too late NYT, 5/29/’12 (“Secret ‘Kill List’ Proves a Test of Obama’s Principles and Will”)
Justly or not, drones have become a provocative symbol of American power, running roughshod over national sovereignty and killing innocents. With China and Russia watching, the United States has set an international precedent for sending drones over borders to kill enemies.
Takes out the impact—other nations probably won’t model a restrictive drone policy, but they’re also not about to go nuts—international pressure solves Hajjar, Institute for Public Policy and International Affairs @ ETH Zurich, ‘13 (Lisa, “Lawfare and US and Israeli Targeted Killings Policies,” ETH Zurich, April)
I refer to these as “attempts” to reinterpret international law because targeted killing AND they wish to employ appear legal. The law has not been rewritten.
2NC AT CHINA IMPACT
Their impact is alarmism—US lead is locked in and other modernization makes their impact inevitable Moss, writer – The Diplomat, former editor for the Asia-Pacific – Jane’s Defence Weekly, 3/2/’13 (Trefor, “Here Come…China’s Drones,” http://thediplomat.com/2013/03/02/here-comes-chinas-drones/?all=true)
Unmanned systems have become the legal and ethical problem child of the global defense industry AND was perhaps fed by a 2012 U.S. Department of Defense report
which described China’s development of UAVs as "alarming." That’s quite unreasonable. AND modernizing in all areas of military technology – unmanned systems being no exception.
During China’s twice-a-year show, visitors got to see an impressive AND U.S. interest in a balance of power in the region.
2NC NO MISCALC
China constrained from SCS conflict—miscalc won’t escalate Trefor Moss, The Diplomat, 2/10/13, 7 Reasons China and Japan Won’t Go To War, thediplomat.com/2013/02/10/7-reasons-china-and-japan-wont-go-to-war/?all=true
But if Shinzo Abe is gambling with the region’s security, he is at least AND dispute this week when one of its frigates trained its radar on a Jap
anese naval vessel. This was a dangerous and provocative act of escalation, but AND in Kashmir, or along the Thai-Cambodian border – have demonstrated.
Miscalc args are wrong Walt 13 (Stephen M. Walt is the Robert and Renée Belfer professor of international relations at Harvard University., 2/8/2013, "Good news: World War I is over and will not happen again", walt.foreignpolicy.com/posts/2013/02/08/good_news_world_war_i_is_over_and_will_not_happen_again)
It therefore pains me to have to take issue with Rachman's recent column warning of AND this goal doesn't seem likely, and especially not at the present time.
2NC NO WAR
Best studies prove Brandt and Ulfelder 11—*Patrick T. Brandt, Ph.D. in Political Science from Indiana University, is an Assistant Professor of Political Science in the School of Social Science at the University of Texas at Dallas. Jay Ulfelder, Ph.D. in political science from Stanford University, is an American political scientist whose research interests include democratization, civil unrest, and violent conflict. April, 2011, “Economic Growth and Political Instability,” Social Science Research Network
These statements anticipating political fallout from the global economic crisis of 2008–2010 reflect AND of the expected and apparent uptick in social unrest associated with the crisis.
Overwhelming statistical support Morris MILLER, Professor of Administration @ the University of Ottawa, ‘2K (Interdisciplinary Science Review, v 25 n4 2000 p ingenta connect)
The question may be reformulated. Do wars spring from a popular reaction to a AND by increasing repression (thereby using one form of violence to abort another).
2NC NO IMPACT
Their laundry list of vague impacts is academic junk – conflicts can’t just emerge Fettweis, 11 Christopher J. Fettweis, Department of Political Science, Tulane University, 9/26/11, Free Riding or Restraint? Examining European Grand Strategy, Comparative Strategy, 30:316–332, EBSCO
Assertions that without the combination of U.S. capabilities, presence and commitments AND keeping the peace? With one exception, these questions are rarely addressed. That exception is in the Pacific Rim. Some analysts fear that a de facto AND dangers contained in the terrestrial security environment are less severe than ever before. Believers in the pacifying power of hegemony ought to keep in mind a rather basic tenet: When it comes to policymaking, specific threats are more significant than vague, unnamed dangers. Without specific risks, it is just as plausible to interpret U.S. presence as redundant, as overseeing a peace that has already arrived. Strategy should not be based upon vague images emerging from the dark reaches of the neoconservative imagination. Overestimating Our Importance One of the most basic insights of cognitive psychology provides the final reason to doubt AND , the most obvious and parsimonious explanation is that he was responsible.”57 It is natural, therefore, for U.S. policymakers and strategists to AND S. hegemony in contributing to international stability is therefore almost certainly overrated. In the end, one can never be sure why our major allies have not AND their security is all but assured, with or without the United States.
1NR Iran prolif outweighs –
Quick regional prolif ensures accidents and miscalc – that’s Edelman And it’s crisis magnifier – draws in great powers to small conflicts EDELMAN, Fellow – Center of Strategic and Budgetary Assessments, ‘11 (Eric, “Edelman, Krepinevich, and Montgomery Reply,” Foreign Affairs Vol. 9 Iss. 2, March/April)
Ultimately, if Tehran does cross the nuclear threshold and Israel chooses to live with AND a nuclear Iran's influence, preserve regional stability, and prevent additional proliferation. A second important issue Adamsky raises is that Iran's acquisition of nuclear weapons would increase AND dynamics of Iranian-Israeli relations could be prone to miscalculation and escalation.
A global conflict between the US, Russia, and China is likely in the coming months should the world powers fail to reach a nuclear deal with Iran, an American analyst says. “If the talks fail, if the agreements being pursued are not successfully carried forward and implemented, then there would be enormous international pressure to drive towards a conflict with Iran before US President Barack Obama leaves office and that’s a very great danger that no one can underestimate the importance of,” senior editor at the Executive Intelligence Review Jeff Steinberg told Press TV on Wednesday. “The United States could find itself on one side and Russia and China on the other and those are the kinds of conditions that can lead to miscalculation and general roar,” Steinberg said. “So the danger in this situation is that if these talks don’t go forward, we could be facing a global conflict in the coming months and years and that’s got to be avoided at all costs when you’ve got countries like the United States, Russia, and China with” their arsenals of “nuclear weapons,” he warned. The warning came one day after the White House told Congress not to impose new sanctions against Tehran because failure in talks with Iran could lead to war. defections overwhelm Obama—results in new sanctions that collapse negotiations and cause war William Davnie, Former State Dept Officer, Chief of State at Iraq provincial office, 1/5/14, Iran sanctions bill threatens progress; pressure is on Franken, Klobuchar, http://www.startribune.com/opinion/commentaries/238660021.html
The historic Geneva deal to limit Iran’s nuclear program is scheduled to go into effect AND , putting the United States and Iran on a collision course toward war. For the first time in a decade, the Geneva deal presses pause on Iran’s AND Geneva agreement as it would be for Iran to expand its nuclear program. That’s why the Obama administration has committed to vetoing any such measures and has warned that torpedoing the talks underway could put our country on a march toward war. A recent, unclassified intelligence assessment concurred with the White House’s caution, asserting that new sanctions “would undermine the prospects for a successful comprehensive nuclear agreement with Iran.” However, in an open rebuke of the White House, the intelligence community and the 10 Senate committee chairs who cautioned against new sanctions, Sens. Robert Menendez, D-N.J.; Chuck Schumer, D-N.Y., and Mark Kirk, R-Ill., have introduced a bill (S. 1881) to impose new oil and financial sanctions on Iran. Supporters of this measure stress that new sanctions would take effect only if Iran violates AND it best: “New sanctions stand to kill any hope for diplomacy.” Already, anti-Geneva-deal counterparts in Iran’s parliament have responded with their own provocation, introducing legislation to require Iran to enrich near weapons grade if the United States imposes new sanctions. Like the Senate sanctions bill, the Iranian parliament’s legislation would have a delayed trigger. Like the Senate bill, the mere introduction of this reckless legislation isn’t a violation of the letter of the Geneva agreement per se. But both bills risk restarting the vicious cycle of confrontation that has defined the U.S.-Iran relationship for decades. Without a significant public outcry, support for this sanctions bill could potentially reach a veto-proof majority of 67 senators and 290 representatives in the House. Minnesota could play an important role in this showdown between supporters of using hard-nosed diplomacy to avoid military action and reduce nuclear risk, and those who would upend sensitive negotiations and make war likely. About half of the senators have staked out their positions, but neither Sen. Amy Klobuchar nor Sen. Al Franken have yet taken a public stance. Minnesota is one of just 10 states where neither senator has taken a public position on whether or not to sign onto sanctions that would sink the deal — and risk another war in the Middle East. While some new-sanctions proponents are banking on partisan politics to earn support from Republicans, it would still take seven of the remaining 23 undecided Democrats, along with all Republicans, to reach a veto-proof majority. All eyes will be on those 23 undecided Democrats — including Klobuchar and Franken.
Heg doesn’t solve Mid East war POTTER, Adjunct Associate Professor of International and Public Affairs – Columbia University, March ‘11 (Lawrence, “Persian Gulf Security: Patterns and Prospects,” in “Iran and the West,” eds. Rouzbeh Parsi and John Rydqvist)
The security of the Persian Gulf has been a concern of outside powers for the AND and the Gulf states themselves take on more responsibility for their own security.
No US influence in the Mid east – hypocrisy, wars and Israel Mohammed 12 (Arshad Mohammed, cover U.S. foreign policy for Reuters from a base at the State Department. I joined Reuters in 1988 and have worked as a correspondent in New York, Paris, Algiers and Washington, where I have covered the White House (1996-2002) and the State Department (2002-2005, 2006-present)., "U.S. may have less Mideast clout, uses it with care", 6/17/2012, www.reuters.com/article/2012/06/17/us-usa-mideast-clout-idUSBRE85G02L20120617)
(Reuters) - Events in Egypt, Bahrain and Syria illustrate the limits of AND and their national interest better than well-meaning Americans," Alterman added.
Negotiations likely to succeed and be durable Colin Kahl, 1/7/14, Still Not Time to Attack Iran, www.foreignaffairs.com/articles/140633/colin-h-kahl/still-not-time-to-attack-iran
In my article “Not Time to Attack Iran” (March/April 2012 AND its suspension shortly thereafter. Rouhani is unlikely to let that happen again. PLAYING CHICKEN Given the certainty that Iran will reject maximalist demands from the United States AND a military option, is one that we would consider and prepare for.” Given the dangers associated with a nuclear-armed Iran, Obama is right to AND of Iran, it is imperative to give diplomacy every chance to succeed.
Negotiations likely to succeed and be durable Colin Kahl, 1/7/14, Still Not Time to Attack Iran, www.foreignaffairs.com/articles/140633/colin-h-kahl/still-not-time-to-attack-iran
In my article “Not Time to Attack Iran” (March/April 2012 AND its suspension shortly thereafter. Rouhani is unlikely to let that happen again. PLAYING CHICKEN Given the certainty that Iran will reject maximalist demands from the United States AND a military option, is one that we would consider and prepare for.” Given the dangers associated with a nuclear-armed Iran, Obama is right to AND of Iran, it is imperative to give diplomacy every chance to succeed.
Iran is behind the agreement—squo disproves scuttling Reuters, 2/1/14, Iran's top clergy back Rouhani's nuclear approach, mobile.reuters.com/article/idUSBREA100FP20140201?irpc=932
President Hassan Rouhani has secured the backing of senior conservative clerics against hardliners opposed to a nuclear deal reached with major powers, Iran's official news agency IRNA said on Saturday. His first vice president, Eshaq Jahangiri, visited clerics in the Shi'ite Muslim holy city of Qom to explain the deal and seek their blessing over "complex foreign policy issues" ahead of talks next month on a long-term accord, IRNA said. An interim deal between Iran and the five permanent members of the U.N. Security Council plus Germany was reached in November in Geneva, aimed at persuading Iran to curb parts of its nuclear work, in return for a limited easing of sanctions. Hardline clerics close to Iranian Supreme Leader Ali Khamenei, Revolutionary Guards commanders and the intelligence services have attacked the temporary concessions Rouhani has made, although Khamenei has so far backed the president. Khamenei has the final say on all state matters, including the nuclear issue. The talks on February 18 will seek a comprehensive agreement defining the permissible scope of Iran's nuclear activity. Western powers fear the nuclear program is aimed at creating atomic weapons capabilities. Iran denies this. IRNA said the response of from the clerics in Qom, in central Iran, was unanimously positive. Support from Qom, whose clerics traditionally have influence among core supporters of the establishment, is likely to boost Rouhani's government's position in the next round of talks in Vienna, having already won over more reform-minded clerics. The backing of the clergy is essential as they have direct access to ordinary Iranians in their sermons when they can mobilize people to display their support for the deal, under which Tehran seeks to end painful economic sanctions that have severely damaged its oil-dependent economy. "This government has inspired hope in our society. Its way of communicating has put us in line with other cultures," said Grand Ayatollah Lotfollah Safi Golpaygani, referring to Rouhani's tone compared to his hardline predecessor, Mahmoud Ahmadinejad, since his landslide election win. Demonstrating their support for Rouhani, some clerics blamed Ahmadinejad's government for the struggling economy as well as Iran's political isolation. "Poor leadership by the previous government is at the root of much of our problems today," IRNA quoted conservative Ayatollah Abdollah Javadi-Amoli as saying. Rouhani, whose election led to a thaw in ties with the West after years of confrontation and hostile rhetoric, has promised to pursue a consistent foreign policy of "prudence and moderation" to revive the economy. The deal is good enough and that’s all that matters Kenneth Pollack, 11/15/13, An Iran nuclear deal doesn’t have to be perfect — just better than the alternatives, www.washingtonpost.com/opinions/an-iran-nuclear-deal-doesnt-have-to-be-perfect--just-better-than-the-alternatives/2013/11/15/2b8d1292-4c85-11e3-be6b-d3d28122e6d4_story.html
We are still a long way from a formal international agreement restraining Iran’s nuclear program AND better than our other options. And that is the only real test. Obama has won the Iran fight now, but faces continued opposition Michael Crittenden, WSJ, 2/4/14, Congress Eases Standoff With White House Over Iran Sanctions, online.wsj.com/news/articles/SB10001424052702304851104579363372176271460
The Obama administration appeared to be prevailing in its effort to persuade lawmakers to give U.S. diplomacy with Iran a chance, but faced continued skepticism from senators at a hearing Tuesday. Senior aides said pressure on Senate leaders to allow a vote on new sanctions has eased in recent weeks, as lawmakers gauge the effectiveness of an interim deal reached in November between Iran and world powers. But while many lawmakers said they were willing to give diplomacy time to work, Democrats and Republicans alike said the stakes were high if talks fail. "If these negotiations fail, there are two grim alternatives, a nuclear Iran, or war, or perhaps both," said Sen. Richard Durbin (D., Ill.), a Senate Foreign Relations Committee member. The White House and lawmakers have wrestled over the issue for months. Many in Congress support new sanctions, while the administration insists such a step would disrupt high-level negotiations with Tehran. A six-month deal provides Iran with relief from international sanctions in exchange for enhanced inspections and Tehran's agreement to halt or roll back parts of its nuclear program. Sen. Robert Menendez (D., N.J.), chairman of the Senate Foreign Relations Committee, argued the agreement provides Iran with economic benefits that outpace what Western governments have received in return. He said he remained concerned Iran would never agree to fully put aside its nuclear ambitions. "I am convinced that we should only relieve pressure on Iran in return for verifiable concessions that will fundamentally dismantle Iran's nuclear program," Mr. Menendez said. A top State Department official argued that any move by the U.S. to impose new sanctions would risk unraveling the international talks. "It is crucial we give diplomacy a chance to succeed," Wendy Sherman, the State Department undersecretary of political affairs, told the Foreign Relations panel. President Barack Obama and his administration have urged lawmakers to hold off on additional actions. Mr. Obama vowed in his State of the Union address to veto any bill "that threatens to derail these talks." Lawmakers have bristled at some of the White House criticism, particularly the suggestion that those seeking more sanctions were in favor of war. Sen. Timothy Kaine (D., Va.), addressing those complaints Tuesday, said that those who support new sanctions "are not pro-war and those that oppose it are not soft on Iran or anti-Israel."
Iran sanctions have stalled now—insufficient Dem defections to override his veto JTA, staff writer, 2/6/14, GOP senators press Reid on Iran sanctions vote, www.jta.org/2014/02/06/news-opinion/politics/gop-senators-press-reid-on-iran-sanctions-vote
Forty-two Republican senators urged the Democratic-led Senate’s majority leader, Sen. Harry Reid (D-Nev.), to bring to a vote a bill on new Iran sanctions. “It’s time for the elected representatives of the American people to have a say in the future of Iran’s nuclear weapons program,” said the Feb. 4 letter, first revealed by the Daily Beast and initiated by Sen. Mark Kirk (R-Ill.), a lead sponsor of the bill. “It’s time to vote.” President Obama has said that he would veto any new sanctions, which he says could scuttle talks aimed at keeping Iran from obtaining a nuclear weapon. Democratic support for the new bill, introduced in December, has waned considerably. A number of top Democrats, including several who originally sponsored the bill, now say they do not want it to advance while talks are underway. A sizable portion of the Democratic caucus in the U.S. House of Representatives is also now opposed to new sanctions, although that body overwhelmingly approved a similar bill last summer, months before the new talks between Iran and the major powers, including the United States, were launched. The Senate bill has 59 co-sponsors, eight short of the 67 it would need to override an Obama veto. Reid has so far resisted bringing the bill to the floor. Proponents of the new sanctions say they would strengthen the West’s hand in Iran negotiations, adding that without new sanctions, the momentum in the talks is moving in Iran’s favor. Sanctions push is decisively stalled, but that can still flip David Weigel, Slate, 1/29/14, How Hubris (and J Street) Stalled the Iran Sanctions Bill, www.slate.com/blogs/weigel/2014/01/29/how_hubris_and_j_street_stalled_the_iran_sanctions_bill.html
This morning, after the State of the Union, Delaware Sen. Chris Coons AND hold a vote on a winning resolution is over. For the moment. Iran sanctions is an ongoing showdown Jennifer Rubin, 2/7/14, Menendez’s blasts Obama’s Iran policy, www.washingtonpost.com/blogs/right-turn/wp/2014/02/07/menendezs-blasts-obamas-iran-policy/
The response to what the New York Times calls “the hidden bureaucracy directing lethal drone strikes” appears to be even more hidden bureaucracy in the style of the secret Foreign Intelligence Surveillance Court (FISC), built upon the Foreign Intelligence Surveillance Act (FISA). While it is claimed that having a court approve the adding of names to a kill list, at least for American citizens, “is no longer beyond the realm of political possibility,” according to Robert Chesney, a law professor at the University of Texas, this proposal is still problematic. The idea has been promoted by legislators like Senator Dianne Feinstein, according to the Washington Post, and yet it faces significant obstacles like the “almost-certain opposition from the executive branch to a dilution of the president’s authority to protect the country against looming threats.”
The Obama administration recently lifted its veil of secrecy about its drone usage by providing AND a new envoy to help facilitate the transfer of detainees to third countries. While Obama was able to take those actions using his executive powers, the reality AND to evaluate and authorize lethal action," require Congressional legislation to be implemented. Congressional support for Obama's new national security policies will be difficult to achieve given the AND the Middle East from Mali to Yemen and all the places in between." The Obama administration recognizes that its current counterterrorism policies, particularly regarding drone strikes, AND .S. counterterrorism policies. Now that would be fun to watch. The plan’s restriction on Obama’s authority independently scuttles negotiations—Rouhani won’t see executive commitments as credible Jon Alterman, CSIS Global Security Chair and Middle East Program Director, 9/4/13, US-Iran Nuclear Deal Hinges On Syria Vote, www.al-monitor.com/pulse/originals/2013/09/us-iran-nuclear-deal-hinges-on-syria-vote.html
Focusing solely on events in Syria, however, misses a large part of the AND with impunity. The international cost of domestic political failure would be profound. To start, it is worth noting the extent to which foreign governments are sophisticated AND quite sophisticated discussion on congressional politics and their impact on US foreign relations. The Iranian government is no exception. While former president Mahmoud Ahmedinejad was emotional and shrill in his opposition to the United States, there remains in Iran a cadre of Western-trained technocrats, fluent in English and nuanced in their understanding of the world. President Hassan Rouhani has surrounded himself with such people, and Supreme Leader Ayatollah Ali Khamenei has charged them with investigating a different relationship between Iran and the United States. As they do so, they cannot help but be aware that on the eve of Rouhani’s inauguration, the US House of Representatives voted 400–20 to impose stiff additional sanctions on Iran. The House saw Rouhani’s electoral victory as a call for toughness, not potential compromise. If Iran were to make concessions in a negotiation with the United States, they would surely seek sanctions relief and other actions requiring congressional approval. To make such concessions to Obama, they would need some confidence that he can deliver. A president who cannot bring around a hostile Congress is not a president with whom it is worth negotiating. Plan passage enables Iran sanction passage—only potential bill for amendment JTA, staff writer, 2/6/14, GOP senators press Reid on Iran sanctions vote, www.jta.org/2014/02/06/news-opinion/politics/gop-senators-press-reid-on-iran-sanctions-vote
Reid has so far resisted bringing the bill to the floor. Proponents of the new sanctions say they would strengthen the West’s hand in Iran negotiations, adding that without new sanctions, the momentum in the talks is moving in Iran’s favor. According to the Daily Beast, Republicans may attempt to attach the bill to must-pass legislation as an amendment, and could refuse cooperation on other bills in order to force Reid to call a vote.
Your author clarifies there is zero Congressional debate on TKs—its just a liberal NYTimes blog post patting McCain on the back for a random statement David Firestone, NYTimes, 1/22/14, On Drones, Keeping the Public in the Dark, takingnote.blogs.nytimes.com/2014/01/22/on-drones-keeping-the-public-in-the-dark/
We don’t get to say this very often on The Times editorial page, but Senator John McCain was absolutely right last week to decry a secret deal in the 2014 spending bill. He pointed out that the bill contained a classified section that prohibited the Pentagon from taking over the C.I.A.’s role in carrying out drone strikes, as President Obama has proposed. Only a few lawmakers — apparently, not including Mr. McCain — knew about the secret ban until The Washington Post revealed it. As Mr. McCain pointed out, it shouldn’t have been secret, and it shouldn’t have been in an appropriations bill. “The Appropriations Committee is supposed to appropriate,” he said. “The Appropriations Committee has no business making this decision. How many of my colleagues knew that this provision was in this mammoth appropriations bill? I bet a handful.” There were no hearings on the matter, neither in Appropriations nor in any of the committees that are actually supposed to debate these things, like Armed Services or Intelligence. Whether lawmakers back the Pentagon or the C.I.A. reflects, AND conduct the drone strikes as well as the C.I.A. But what’s really at issue in this dispute isn’t military competence; it’s the competing goals of secrecy and accountability. The Obama administration wanted to shift control of the strikes to the Pentagon as part of a plan for greater transparency. At the moment, it officially acknowledges the Pentagon program, but won’t discuss or even admit the fact that the C.I.A. fires bombs at terror targets in Pakistan. Many people in Congress like it that way. As long as the drone strikes AND the country’s endless secret war against terrorists, and this time it won.
