C'mon. You've entered info for 8 rounds, and only entered cites for 2? That's only 25.0%. Open Source is NOT a replacement for good disclosure practices.
Tournament
Round
Report
GSU
3
Opponent: Emory MK | Judge: Mike Davis
Aff was OCO's
1NC Executive CP w PP NB Security K (2NR) T - Restrictions Debt Ceiling (Econ !) ASPEC Crisis DA on Case
GSU
2
Opponent: JMU ML | Judge: Whit Whitmore
Aff was CIA to DOD drones
1NC Executive Internal Review CP w Prez Powers disad (2NR) T - Authority T - Restriction Debt Ceiling (Econ !) Security K
NDT
4
Opponent: Mary Washington MP | Judge: Lee, Reed, Chung
1ac - drone courts norms and saudi 1nc - transparencyexecconcurrent res cp t restrictions midterms da state secrets da security k
Ndt
1
Opponent: Whitman College Menzies-Barsky | Judge: Buntin, Galloway, Warden
1ac- Restrict targeted killing of US citizens 1nc- T-Prohibit Court Capital DA Midterms DA Exec Restraint CP Sunburst CP Legalism K Case
To modify or delete round reports, edit the associated round.
1. Prospective action solves the bulk of the case. Future production is allowed, restrictions are prospectively removed, sending a clear signal to the market, and the CP changes policy from now until forever, effecting a dramatic shift in energy law. Good is good enough, its sufficient to solve the Aff.
CP triggers binding legal change and avoids the DA
Traynor 99 (Roger J., Chief Justice – CA Supreme Court, Professor of Legal Science – Cambridge University, "Quo Vadis, Prospective Overruling: A Question of Judicial Responsibility", Hastings Law Journal, 50 Hastings L.J. 771, April, lexis)
2. Predictability and certainty are DAs to the Aff, not the CP. The plan is applied retroactively, disturbing settled law and all the parties that rely on existing precedent. Prospective rulings create legal stability but don’t pull the rug out under past litigants —- that’s Slocum and Auerbach
Sequencing – 2NC
They dropped sequencing —- it devastates the solvency deficit:
Sunbursting spurs a quick test case to apply the new rule. Litigants will flock to the court to test the announcement that current precedent is no longer reliable. Results in the plan in the short-term, but avoids the DA because it gives fair warning to affected parties —- that’s Auerbach and Rogers.
Happens fast
Bradford 90 (C. Steven, Assistant Professor of Law – University of Nebraska College of Law, "Following Dead Precedent: The Supreme Court’s Ill-Advised Rejection of Anticipatory Overruling", Fordham Law Review, October, 59 Fordham L. Rev. 39, Lexis) The effect of anticipatory overruling on judicial economy is indeterminate. Some authors have argued AND
Perm – Do Both – 2nC
Links —- it includes both retroactive and prospective rulings, undermines capital by changing settled law —- that’s Auerbach. If it doesn’t, it severs —- voting issue because it destroys all ground.
Links to McCutcheon -
Kennedy prefers the counterplan alone – including retroactive change he views as interventionist
Luneberg 91 (William V., Professor of Law, University of Pittsburgh School of Law, "Retroactivity and administrative rulemaking," Duke Law Journal February, 1991 1991 Duke L.J. 106) Justice Kennedy’s opinion in Bowen fails to disclose the basis for its clear statement canon AND indicated that retroactive rulemaking could be sustained on a showing of need. n176
Perm Do the CP: 2NC
Severance —- the CP does not fiat a ruling. It’s an announcement that parties must be "on notice" that current precedent is unreliable and paves the way for future application —- that’s Auerbach
Sunbursting is dicta, not a holding. It’s not controlling, but shapes policy.
The distinction is critical —- CP isn’t binding, even if the effect is nearly identical
Kniffin 82 (Margaret N., Professor of Law – St. John’s University School of Law and JD – Harvard University Law, "Overruling Supreme Court Precedents: Anticipatory Action By United States Courts Of Appeals", Fordham Law Review, October, 51 Fordham L. Rev. 53, Lexis)
The words "outward, open, actual, visible, substantial, and exclusive AND or pertaining to any others; undivided; sole; opposed to inclusive.
Judicial restriction deny the executive’s freedom of action – only binding rules can do that – the CP doesn’t place a restriction
Garland 12 (Merrick, Judge @ UNITED STATES COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA CIRCUIT, 671 F.3d 1258; 399 U.S. App. D.C. 425; 2012 U.S. App. LEXIS 5252, OSCAR SALAZAR, BY HIS PARENTS AND NEXT FRIENDS, ADELA AND OSCAR SALAZAR, ET AL., APPELLEES v. DISTRICT OF COLUMBIA, ET AL., APPELLANTS, lexis) The District also contends that continuation of the orders "threatens ’serious, perhaps irreparable’ AND some other case, it rings hollow on the facts of this one.
Voting issue —-
Intrinsic —- they rule prospectively in the case of the plan, CP only effects a future test case, voting issue: lets them fiat out of all offense
Plan can’t be only prospective —- it’s not specified in the plan, 2AC clarification is illegitimate and a voting issue because it makes stable ground impossible. Retroactive effect is established legal practice —- that’s Slocum —- more evidence
Slocum 8 (Brian G., Professor of Law – University of the Pacific and JD – Harvard Law School, "Overlooked Temporal Issues in Statutory Interpretation", Temple Law Review, Fall, 81 Temp. L. Rev. 635, Lexis)
¶4 The legal question to be resolved by the court is whether the word "should"13-http://www.oscn.net/applications/oscn/DeliverDocument.asp?CiteID=20287 in the May 18 order connotes futurity or may be deemed a ruling in praesenti.14-http://www.oscn.net/applications/oscn/DeliverDocument.asp?CiteID=20287 The answer to this query is not to be divined from rules of grammar;15-http://www.oscn.net/applications/oscn/DeliverDocument.asp?CiteID=20287 it must be governed by the age-old practice culture of legal professionals and its immemorial language usage. To determine if the omission (from the critical May 18 entry) of the turgid phrase, "and the same hereby is", (1) makes it an in futuro ruling - i.e., an expression of what the judge will or would do at a later stage - or (2) constitutes an in in praesenti resolution of a disputed law issue, the trial judge’s intent must be garnered from the four corners of the entire record.16 -http://www.oscn.net/applications/oscn/DeliverDocument.asp?CiteID=20287 ~CONTINUES – TO FOOTNOTE~ 13-http://www.oscn.net/applications/oscn/DeliverDocument.asp?CiteID=20287 "Should" not only is used as a "present indicative" synonymous with ought but also is the past tense of "shall" with various shades of meaning not always easy to analyze. See 57 C.J. Shall § 9, Judgments § 121 (1932). O. JESPERSEN, GROWTH AND STRUCTURE OF THE ENGLISH LANGUAGE (1984); St. Louis 26 S.F.R. Co. v. Brown, 45 Okl. 143, 144 P. 1075, 1080-81 (1914). For a more detailed explanation, see the Partridge quotation infra note 15. Certain contexts mandate a construction of the term "should" as more than merely indicating preference or desirability. Brown, supra at 1080-81 (jury instructions stating that jurors "should" reduce the amount of damages in proportion to the amount of contributory negligence of the plaintiff was held to imply an obligation and to be more than advisory); Carrigan v. California Horse Racing Board, 60 Wash. App. 79, 802 P.2d 813-http://www.oscn.net/applications/oscn/deliverdocument.asp?box1=80226box2=P.2D26box3=813 (1990) (one of the Rules of Appellate Procedure requiring that a party "should devote a section of the brief to the request for the fee or expenses" was interpreted to mean that a party is under an obligation to include the requested segment); State v. Rack, 318 S.W.2d 211, 215 (Mo. 1958) ("should" would mean the same as "shall" or "must" when used in an instruction to the jury which tells the triers they "should disregard false testimony"). 14-http://www.oscn.net/applications/oscn/DeliverDocument.asp?CiteID=20287 In praesenti means literally "at the present time." BLACK’S LAW DICTIONARY 792 (6th Ed. 1990). In legal parlance the phrase denotes that which in law is presently or immediately effective, as opposed to something that will or would become effective in the future ~in futurol~. See Van Wyck v. Knevals, 106 U.S. 360-http://www.oscn.net/applications/oscn/deliverdocument.asp?box1=10626box2=U.S.26box3=360, 365, 1 S.Ct. 336, 337, 27 L.Ed. 201 (1882).
Court Politics – 2NC
The counterplan doesn’t link to court politics – it isn’t a departure from settled law, but projects a future change in policy, which preserves institutional capital, that’s Yoo.
Kennedy prefers the counterplan – he defaults to a view of presumption as "less change," as should the judge
Luneberg 91 (William V., Professor of Law, University of Pittsburgh School of Law, "Retroactivity and administrative rulemaking," Duke Law Journal February, 1991 1991 Duke L.J. 106)
Justice Kennedy’s opinion in Bowen fails to disclose the basis for its clear statement canon AND indicated that retroactive rulemaking could be sustained on a showing of need. n176
Impact – 2NC – Russia
DA outweighs –
Failure to stop the tea party means that relations collapse – Only barrier to solving Russia nuclear war-
1 risk means you vote neg
Bostrum 5 (Nick – prof of philosophy at Oxford University and recipient of the Gannon Award, Transcribed by Packer, 4:38-6:12, p. http://www.ted.com/index.php/talks/view/id/44, accessed 10/20/07) Now if we think about what just reducing the probability of human extinction by just AND be lost if we went extinct it should still be a high priority.
Evaluate consequences – allowing violence for the sake of moral purity is evil
Isaac 2 (Jeffrey C., Professor of Political Science – Indiana-Bloomington, Director – Center for the Study of Democracy and Public Life, Ph.D. – Yale, Dissent Magazine, 49(2), "Ends, Means, and Politics", Spring, Proquest)
As writers such as Niccolo Machiavelli, Max Weber, Reinhold Niebuhr, and Hannah AND not true believers. It promotes arrogance. And it undermines political effectiveness.
U – 2NC – Yes Strike Down
The court will Act now to strike down contribution limits to political parties now - Scalia, Thomas, and Kennedy were on top in Citizens United and have called for limits to be overruled- it will be a 5-4 – that’s Chemerinsky - prefer him – he’s the Dean of UC Irvine law school and has made a prediction about the vote
The plan costs court capital – McGinnis and Rappaport says the court doesn’t want to overturn deference in foreign affairs and judicial review would erode prestige and undermine capital
The plan drains court capital
McGinnis ’93 (John O., Prof of Law @ Cardozo Law @ Yeshiva, "Constitutional Review By The¶ Executive In Foreign Affairs And¶ War Powers: A Consequence Of¶ Rational Choice In The¶ Separation Of Powers," Law and Contemporary Problems, http://scholarship.law.duke.edu/cgi/viewcontent.cgi?article=421326context=lcp) The Court has the least interest of all in exercising rights of governance in¶ AND the¶ executive to the Congress without disturbing as much substantive precedent.71 Yes Make-Up/Spillover – 2NC
Court capital true – spills over to decisions
Grosskopf and Mondak ’98 (Anke Grosskopf, Assistant Prof of Political Science @ Long Island University, 26 Jeffrey Mondak, Professor of Political Science @ U of Illinois, 1998, "Do attitudes toward specific supreme court decisions matter? The impact of Webster and Texas v Johnson on Public Confidence in the Supreme Court" Political Research Quarterly, vol. 51 no 3 633-54 September1998) The existence of a strong link between basic values and diffuse support does not necessarily AND to Supreme Court decisions affects institutional support may shape what answer we find.
3/28/14
NDT- Rd 1- 2NC
Tournament: Ndt | Round: 1 | Opponent: Whitman College Menzies-Barsky | Judge: Buntin, Galloway, Warden K – Framing
— Ethics DA – their focus on procedural solutions obscures moral questions , a legalist approach focuses on what is legal and confuses that with what is right or wrong and blurs morality – this is true in the context of the plan – their selective focus on domestic killing means we think things are moral because it is legal – the impact to this is constant militarism
Smith 2 – prof of phil @ U of South Florida (Thomas, International Studies Quarterly 46, The New Law of War: Legitimizing Hi-Tech and Infrastructural Violence) The role of military lawyers in all this has, according to one study, AND and construed, hopes of rescuing law from politics will be dim indeed.
Legal restraints guarantee increasing public resistance and executive secrecy – only starting with the political can solve
The U.S. military—in particular, the Special Operations Command ( AND be insufficient to provide a meaningful check against arbitrary and overzealous Executive actions.
A. Interpretation – Judicial restrictions must directly prohibit activities currently under the president’s war powers authority – this excludes regulation or oversight
Judicial restriction means to reduce the scope of
Newman 8 (Pauline, Judge @ UNITED STATES COURT OF APPEALS FOR THE FEDERAL CIRCUIT, 545 F.3d 943; 2008 U.S. App. LEXIS 22479; 88 U.S.P.Q.2D (BNA) 1385; 2008-2 U.S. Tax Cas. (CCH) P50,621, IN RE BERNARD L. BILSKI and RAND A. WARSAW, lexis) Id. at 315 (quoting U.S. Const., art. I AND ~103~ drafting §101 precisely because such inventions are often unforeseeable.
B. Vote Neg –
1. Limits – Oversight of authority allows a litany of new affs in each area – justifies indirect effects of judicial review and affs that don’t alter presidential authority – undermines prep and clash
2. Ground – Restriction ground is the locus of neg prep – their interpretation jacks all core disads – judicial deference, court politics, presidential powers, and any area based disad because an aff doesn’t have to prevent the president from doing anything
2
The court will strike down aggregate limits now – it’ll be close
Chemerinsky, 8-12 (Erwin, American lawyer and law professor. He is a prominent scholar in United States constitutional law and federal civil procedure. He is the current and founding dean of the University of California, Irvine School of Law, "Symposium: The distinction between contribution limits and expenditure limits," http://www.scotusblog.com/2013/08/symposium-the-distinction-between-contribution-limits-and-expenditure-limits/) For almost forty years, since Buckley v. Valeo in 1976, campaign finance AND Thomas in rejecting this distinction and they well might signal this in McCutcheon.
Capital key to strike down aggregate limits —- Citizens United proves
The plan forces a trade off —- massively spends court capital
McGinnis and Rappaport ’02 (John O., Prof of Law @ Cardozo Law, and Michael B., Prof of Law @ University of San Diego Law, "Our Supermajoritarian Constitution," 80 Tex. L. Rev. 703) Significantly, the Supreme Court has not declared these substitutions unconstitutional. In fact, AND judicial decisions concerning foreign affairs would jeopardize the political capital of the Court).
Key to domestic political moderation – stops the Tea Party
That jacks US/Russian relations – domestic politics key
Sokov 13 (Nicholas – Senior Fellow at the Vienna Center for Disarmament and Non-Proliferation (VCDNP), "US-Russian Relations: Beyond the Reset", 1/29, http://www.europeanleadershipnetwork.org/us-russian-relations-beyond-the-reset_459.html) Looking into the future, most observers of US-Russian relations tend to concentrate AND -the-flag" tactic of consolidating the public around the government.
Russia relations solve global nuclear war
Allison 11 (Graham, Director – Belfer Center for Science and International Affairs at Harvard’s Kennedy School, and Former Assistant Secretary of Defense, and Robert D. Blackwill, Senior Fellow – Council on Foreign Relations, "10 Reasons Why Russia Still Matters", Politico, 2011, http://dyn.politico.com/printstory.cfm?uuid=161EF282-72F9-4D48-8B9C-C5B3396CA0E6) That central point is that Russia matters a great deal to a U.S AND Tehran to joining China in preventing U.N. Security Council resolutions. 3
GOP will gain Senate seats now but won’t retake the Senate – takeover dooms Obama’s remaining agenda
Liberal Court rulings galvanize GOP turnout and hurt Dems
Tucker 95 (D.F.B., associate professor of political science at the University of Melbourne, The Rehnquist Court and Civil Rights, p. 40-41) The point I have been illustrating is that the backlash generated by an activist Supreme AND enter into a campaign to discredit the Court’s imposition of those very values?)
War powers restrictions devastate Obama and makes him weak – that undermines Dems in the midterms
What happens to Obama if this goes down: If the Obama administration loses AND necessary — that would be a huge political blow to Obama’s political standing.
GOP-led Senate undercuts Obama’s climate agenda
Harder 13 (Amy, Environmental Correspondent @ National Journal, "Care About Energy and Environment Policy? Watch These Eight Races," http://webcache.googleusercontent.com/search?q=cache:CM3Nm1CJ-4wJ:www.nationaljournal.com/energy/care-about-energy-and-environment-policy-watch-these-eight-races-20131231+26cd=2726hl=en26ct=clnk26gl=us) For environmentalists, the 2014 midterm elections are about settling for the lesser of two evils. Several conservative Democrats up for reelection in red states are facing tough competition, and if enough of these members lose, the Senate could flip to Republican control. That would be the worst outcome for environmentalists, who need a Democrat-controlled Senate to defend against efforts to undo President Obama’s climate-change agenda and other tough environmental policies.
Obama’s climate agenda spurs global action – solves warming
Martinson 14 (Erica, Regulatory reporter @ Politico, "Obama’s agenda: EPA leading the charge on climate change," http://dyn.politico.com/printstory.cfm?uuid=3BE87317-0921-4B01-A3B5-C39AEF6CDDC3) President Barack Obama’s environmental regulators will spend the rest of this year writing climate rules AND and the single largest source of U.S. greenhouse gas pollution.
Extinction
Flournoy 12 (Don, Citing Feng Hsu, PhD NASA Scientist @ the Goddard AND 2012, Springer Briefs in Space Development, p. 10-11) In the Online Journal of Space Communication , Dr. Feng Hsu, a NASA AND simply too high for us to take any chances" (Hsu 2010 ).
4
The Executive Branch of the United States should issue an executive order establishing enjoin targeted killing by the United States federal government of citizens of the United States who are designated by the United States federal government as terrorists without due process on the grounds that federal definitions of terrorism constitute immaterial distinctions from treason.
The United States federal government should abide by the mandates of this executive order.
Self-restraint solves and is more effective than the plan
Posner and Vermeule 10 (Eric A. Posner is the Kirkland and Ellis Professor of Law @ the University of Chicago School of Law and Editor of the Journal of Legal Studies, Adrian Vermeule is a legal scholar, Oxford University Press, "The Executive Unbound: After the Madisonian Republic", Google Books) A Preliminary Note on Law and Self-Binding Many of our mechanisms are unproblematic AND political coalitions that will act to defend the new rules ¶or policies.
The Courts are self-interested – they’ll use the aff’s precedent to expand their power vis-à-vis the President
Choper 7 — Earl Warren Prof of Public Law @ UC Berkeley (Jesse H., 2007, "The Political Question Doctrine and the Supreme Court of the United States," Introduction, p. 1-21)
Because the prudential doctrine allows the Court to avoid deciding a case without an anchor AND constitutional conversation among three coordinate branches into a monologue by the Supreme Court.
Congress’ track record when it has opposed presidential leadership has not been a happy one AND time to introduce sweeping, untested changes in the way we make war.
5
The United States federal judiciary should decline to enjoin targeted killing by the United States federal government of citizens of the United States who are designated by the United States federal government as terrorists without due process on the grounds that federal definitions of terrorism constitute immaterial distinctions from treason on the basis that such a decision would undermine judicial deference to reliance interest.
The United States Supreme Court should announce that existing precedent in this area is no longer reliable and that relevant parties should be on notice that the reliance interests that caused it to be upheld in this case will not apply to future challenges on the issue.
Deploying the technique utilized in Great Northern Railway Company v. Sunburst Oil and Refining Company, the United States Supreme Court should declare that a new rule is established dictating that in all future cases courts should hold that targeted killing by the United States federal government of citizens of the United States who are designated by the United States federal government as terrorists without due process should not be allowed on the grounds that federal definitions of terrorism constitute immaterial distinctions from treason.
The United States Supreme Court should not deny certiorari in challenges on the issue.
We’ll clarify.
Competes —- the CP doesn’t make a decision, it only sets up a new rule to be held in the future, affects a different case, and the plan is retroactively applied as dictated by judicial procedure
CP solves the whole case and avoids the disads —- the new standard will be applied by the Court in the future, creating a clear and certain precedent without undermining court capital
Sunbursting spurs a quick test case to apply the new rule
Rogers 68 (Candler S., Professor of Law – UMKC, University of Missouri, Kansas City Law Review, p. 48-49) There is one reason perhaps more often suggested than any other for denying retroactive effect AND in reliance upon the dictum, he may have suffered a grave sacrifice. 6
The affirmative’s acquiescence to the law cements epistemologically suspect juridical warfare—-that naturalizes global preemptive violence
Morrissey 11 (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. Liberal Lawfare and Biopolitics: US Juridical Warfare in the War on Terror, Geopolitics, Volume 16, Issue 2, 2011) Foucault’s envisioning of a more governmentalized and securitized modernity, framed by a ubiquitous architecture AND juridically secure the necessary legal geographies and biopolitics of its overseas ground presence.
Our alternative is to refuse technical debates about war powers in favor of subjecting the 1ac’s discourse to rigorous democratic scrutiny – politics is the only way to solve – not the law
Rana 12 (Aziz Rana, Assistant Professor of Law, Cornell University Law School; A.B., Harvard College; J.D., Yale Law School; PhD., Harvard University, July 2012, "NATIONAL SECURITY: LEAD ARTICLE: Who Decides on Security?," 44 Conn. L. Rev. 1417) But this mode of popular involvement comes at a key cost. Secret information is AND , we can expect our prevailing security arrangements to become ever more entrenched.
Curriculum
—Their case doesn’t solve anything – there is no internal link to analogical reasoning
1. Reading evidence for 9 minutes isn’t a way to put legal analysis into practice – too fast paced, we aren’t involved in the legal questioning of treason in the first polace
2. No material outcome as a result of the plan means that we cannot change the analogical reasoning behind the plan – we don’t directly affect the law, means we should debate about the outcome of the plan and not necessarily the process
3. Saying legal processes good isn’t an impact – we can engage in it too
Survival is a pre requisite to our rights
Schell 1982 (Jonathan, Professor at Wesleyan University, The Fate of the Earth, pages AND about, coloring our thoughts and moods with its presence throughout our lives.
Extinction outweighs
Bok 88 (Sissela, Professor of Philosophy at Brandeis, Applied Ethics and Ethical Theory, Rosenthal and Shehadi, Ed.) The same argument can be made for Kant’s other formulations of the Categorical Imperative: AND post a strong challenge to the unity and simplicity of Kant’s moral theory.
3/28/14
NDT-rd 4-1nc
Tournament: NDT | Round: 4 | Opponent: Mary Washington MP | Judge: Lee, Reed, Chung 1NC 1NC – T
A. Interpretation – Statutory restrictions must directly prohibit activities currently under the president’s war powers authority – this excludes regulation or oversight Statutory restrictions prohibit actions Lamont 5 (Michael, Legal Analyst @ Occupational health, "Legal: Staying on the right side of the law," http://www.personneltoday.com/articles/01/04/2005/29005/legal-staying-on-the-right-side-of-the-law.htm#.UgFe_o3qnoI) It will be obvious what 'conduct' and 'redundancy' dismissals are. A statutory restriction means that the employee is prevented by law from doing the job - for example, a driver who loses his driving licence. 'Some other substantial reason' means "Parliament can't be expected to think of everything". Restrictions on authority are distinct from conditions William Conner 78, former federal judge for the United States District Court for the Southern District of New York United States District Court, S. D. New York, CORPORACION VENEZOLANA de FOMENTO v. VINTERO SALES, http://www.leagle.com/decision/19781560452FSupp1108_11379 Plaintiff next contends that Merban was charged with notice of the restrictions on the authority AND were not authorized to act except upon the fulfillment of the specified conditions.
B. Vote Neg –
Limits – Regulation and oversight of authority allows a litany of new affs in each area – justifies indirect effects of statutory policies and affs that don’t alter presidential authority – undermines prep and clash 2. Ground – Restriction ground is the locus of neg prep – their interpretation jacks all core disads – politics, presidential powers, and any area based disad because an aff doesn’t have to prevent the president from doing anything 1NC – K The aff doesn’t provide real reform – continued crisis discourse allows a re-expansion of executive authority Scheuerman 12 – Professor of Political Science and West European Studies at Indiana University (William E., Summer 2012, "Emergencies, Executive Power, and the Uncertain Future of US Presidential Democracy," Law and Social Inquiry 37(3), EBSCO)
IV. REFORMISM'S LIMITS Bruce Ackerman, one of our country's most observant analysts of AND both from existing US-style presidentialism and parliamentarism, constrained or otherwise. They create a self-fulfilling prophecy – causes global destruction Der Derian 98 (James, Professor of Political Science – University of Massachusetts, On Security, Ed. Lipschutz, p. 24-25) No other concept in international relations packs the metaphysical punch, nor commands the disciplinary AND on the otherness of death, and identities calcifying into a fearful sameness. Alternative – reject the aff’s security discourse – only resistance to security logic can generate genuine political thought Neocleous 8 – Mark Neocleous, Prof. of Government @ Brunel, 2008 Critique of Security, 185-6 The only way out of such a dilemma, to escape the fetish, is AND
it requires us to be brave enough to return the gift."' 1NC – DA GOP will gain Senate seats now but won’t retake the Senate – takeover dooms Obama’s remaining agenda Whitesides 3/8/14 (John, Reuters, "Republicans gain momentum in close fight for U.S. Senate," http://www.reuters.com/article/2014/03/08/us-usa-politics-senate-analysis-idUSBREA2706H20140308) (Reuters) - Eight months before the November 4 elections, Republicans have expanded AND the Senate would put him on defense for the balance of his tenure. War powers restrictions devastate Obama and makes him weak – that undermines Dems in the midterms Todd 13 (Chuck, Chief Political Correspondent @ NBC, “First Thoughts: Obama's tough challenge ahead”, 9/6, http://firstread.nbcnews.com/_news/2013/09/06/20357154-first-thoughts-obamas-tough-challenge-ahead?lite)
What happens to Obama if this goes down: If the Obama administration loses AND necessary -- that would be a huge political blow to Obama’s political standing. GOP-led Senate undercuts Obama’s climate agenda Harder 13 (Amy, Environmental Correspondent @ National Journal, "Care About Energy and Environment Policy? Watch These Eight Races," http://webcache.googleusercontent.com/search?q=cache:CM3Nm1CJ-4wJ:www.nationaljournal.com/energy/care-about-energy-and-environment-policy-watch-these-eight-races-20131231+andcd=27andhl=enandct=clnkandgl=us) For environmentalists, the 2014 midterm elections are about settling for the lesser of two AND to undo President Obama's climate-change agenda and other tough environmental policies. Obama’s climate agenda spurs global action – solves warming Martinson 14 (Erica, Regulatory reporter @ Politico, "Obama's agenda: EPA leading the charge on climate change," http://dyn.politico.com/printstory.cfm?uuid=3BE87317-0921-4B01-A3B5-C39AEF6CDDC3) President Barack Obama’s environmental regulators will spend the rest of this year writing climate rules AND and the single largest source of U.S. greenhouse gas pollution. Extinction Flournoy 12 (Don, Citing Feng Hsu, PhD NASA Scientist @ the Goddard Space Flight Center and Don is a PhD and MA from UT, former Dean of the University College @ Ohio University, former Associate Dean at SUNY and Case Institute of Technology, Former Manager for University/Industry Experiments for the NASA ACTS Satellite, currently Professor of Telecommunications @ Scripps College of Communications, Ohio University, “Solar Power Satellites,” January 2012, Springer Briefs in Space Development, p. 10-11) In the Online Journal of Space Communication , Dr. Feng Hsu, a NASA AND anthropogenic climate change can be potentially the extinction of human species, a ri
1NC – CP The executive branch should issue an executive order stating it must publish its standards and procedures for target selection in targeted killing and establish ex ante transparency of targeted killing standards and procedures. The United States Congress should enact a resolution and issue a white paper stating that, in the conduct of its oversight it has reviewed ongoing targeted killing operations and determined that the United States government is conducting such operations in full compliance with relevant laws. The United States federal government should abide by the mandates of the executive order and Congressional resolution. Executive order establishing transparency of targeting decisions resolves drone legitimacy and resentment Daskal 13 (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 AND and would promote better accounting of the civilian costs of targeting operations. n198 Solves---the combination of executive disclosure and Congressional support boosts accountability and legitimacy McNeal 13 (Gregory McNeal, Associate Professor of Law, Pepperdine University, 3/5/13, “Targeted Killing and Accountability,” http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1819583) Perhaps the most obvious way to add accountability to the targeted killing process is for AND us to question the wisdom and perhaps even the legality of the program." Judicial review of targeted killing would collapse military effectiveness and command structure---causes second-guessing of every crucial battlefield decision Delery 12 (Stuart F. Delery, Principal Deputy Assistant Attorney General, Civil Division, 12/14/12, Defendants’ Motion to Dismiss, NASSER AL-AULAQI, as personal representative of the estate of ANWAR AL-AULAQI, et al., Plaintiffs, v. LEON E. PANETTA, et al., in their individual capacities, Defendants, No. 1:12-cv-01192 (RMC), http://www.lawfareblog.com/wp-content/uploads/2012/12/MTD-AAA.pdf) First, the D.C. Circuit has repeatedly held that where claims directly AND on military effectiveness. This too warrants barring this new species of litigation. Targeted killing’s vital to counterterrorism---disrupts leadership and makes carrying out attacks impossible Anderson 13 (Kenneth, Professor of International Law at American University, June 2013, “The Case for Drones,” Commentary, Vol. 135, No. 6, http://www.volokh.com/2013/05/22/the-case-for-drones/) Targeted killing of high-value terrorist targets, by contrast, is the end AND acknowledged in communications, have a significant impact on planning and organizational effectiveness. 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. 1NC – DA Judicial review of war powers erodes the State Secrets Privilege Kadidal 7 (Shayana – Center for Constitutional Rights, New York City; J.D., Yale 1994, “DOES CONGRESS HAVE THE POWER TO LIMIT THE PRESIDENT'S CONDUCT OF DETENTIONS, INTERROGATIONS AND SURVEILLANCE IN THE CONTEXT OF WAR?”, 2007, 11 N.Y. City L. Rev. 23, lexis) As to the AUMF, this meta-defense runs as follows: In both AND cannot rely on FISA in enjoining the President from carrying out such surveillance: Drone oversight requires circumventing the doctrine – allows lawsuits and releases military secrets Rosen 11 (Richard D. – Professor of Law and Director, Center for Military Law and Policy, Texas Tech University School of Law, “PART III: ARTICLE: DRONES AND THE U.S. COURTS”, 2011, 37 Wm. Mitchell L. Rev. 5280, lexis) V. State Secrets: The Death Knell of Drone Cases Assuming a complaint survives AND to the means, methods, and circumstances under which drones are employed. Lawsuits release vital drone methods and intelligence –turns case Murphy and Radsan 9 (Richard – ATandT Professor of Law, Texas Tech University School of Law, and Afsheen – Professor, William Mitchell College of Law, “ARTICLE: DUE PROCESS AND TARGETED KILLING OF TERRORISTS”, November, 32 Cardozo L. Rev. 405, lexis) In defense of this anomaly, there are obvious policy reasons for not allowing Bivens AND world-wide war in which combatants and targets are not easily identified. Unmanned vehicle tech leadership is key to naval power Landay et al. 4 (William E. Landay III – RDML (Rear Admiral), USN, Concurring with the following: Michael A. LeFever, RDML, USN Raymond A. Spicer, RDML, USN Roseanne M. Levitre, RDML, USN Steven J. Toma szeski, RADM, USN, Oceanographer of the Navy, Approved by Joseph A. Walsh and Roger M. Smith of US Navy, “The Navy Unmanned Undersea Vehicle (UUV) Master Plan”, 11/9, http://www.navy.mil/navydata/technology/uuvmp.pdf) The Vision for UUVs and the Objective of the UUV Master Plan Today our naval AND o v ide for a logical, flexible, and affordable development effort. Strong navy is key to prevent great power – deterrence Eaglen 11 (Mackenzie, Heritage Foundation Research Fellow for National Security Studies, Allison Center for Foreign Policy Studies, May, 16, 2011, “Thinking about a Day without Sea Power: Implications for U.S. Defense Policy”, http://www.heritage.org/research/reports/2011/05/thinking-about-a-day-without-sea-power-implications-for-us-defense-policy) Under a scenario of dramatically reduced naval power, the United States would cease to AND -area operations, and Europe as a whole maintains little airlift capacity.
Case – Accountability
---U.S. can’t effectively signal Zenko 13 (Micah, Council on Foreign Relations Center for Preventive Action Douglas Dillon fellow, "The Signal and the Noise," Foreign Policy, 2-2-13, www.foreignpolicy.com/articles/2013/02/20/the_signal_and_the_noise)
Later, Gen. Austin observed of cutting forces from the Middle East: " AND pronouncements seriously, and instead assume they are made to appease domestic audiences. ---China will ignore new norms – history proves Clark 13 (Colin, editor of Breaking Defense, “China Set To Grab UAV Market While US Restricts Sales,” http://breakingdefense.com/2013/06/14/china-set-to-grab-uav-market-while-us-restricts-sales/) PARIS: Psst. Hey mister. Wanna buy a UAV? China’s got drones AND America’s decision to sharply restrict satellite sales and their components to foreign countries. U.S. drone use doesn’t set a precedent, restraint doesn’t solve it, and norms don’t apply to drones at all in the first place Amitai Etzioni 13, professor of international relations at George Washington University, March/April 2013, “The Great Drone Debate,” Military Review, http://usacac.army.mil/CAC2/MilitaryReview/Archives/English/MilitaryReview_20130430_art004.pdf Other critics contend that by the United States using drones, it leads other countries AND ). In such circumstances, the role of norms is much more limited. ----Drone prolif is slow and the impact is small Zenko 13 (Micah, Douglas Dillon fellow in the Center for Preventive Action (CPA) at the Council on Foreign Relations (CFR). Previously, he worked for five years at the Harvard Kennedy School and in Washington, DC, at the Brookings Institution, Congressional Research Service, and State Department’s Office of Policy Planning, “Reforming U.S. Drone Strike Policies,” January, Council Special Report No. 65, i.cfr.org/content/publications/attachments/Drones_CSR65.pdf?) Based on current trends, it is unlikely that most states will have, within AND undertake the significant¶ investment required for armed drones in the near term. The idea that China wouldn’t have realized it could use drones to carry out strikes internationally absent the U.S. doing so, is stupid Kenneth Anderson 11, Professor of International Law at American University, 10/9/11, “What Kind of Drones Arms Race Is Coming?,” http://www.volokh.com/2011/10/09/what-kind-of-drones-arms-race-is-coming/#more-51516 It is indeed likely that the future will see more instances of uses of force AND this for a long time and thinks it is legally and morally right. ---No impact to Chinese drones---their ev is irrational media hype Trefor Moss 13, journalist for The Diplomat covering Asian politics, defense and security, formerly Asia-Pacific Editor at Jane’s Defence Weekly, 3/2/13, “Here Come…China’s Drones,” The Diplomat, http://thediplomat.com/2013/03/02/here-comes-chinas-drones/?print=yes Unmanned systems have become the legal and ethical problem child of the global defense industry AND modernizing in all areas of military technology – unmanned systems being no exception. ---No Sino-Japanese/Senkaku conflict Reuters 12, “Japan, China military conflict seen unlikely despite strain,” 9/23/12, http://www.reuters.com/article/2012/09/23/us-china-japan-confrontation-idUSBRE88M0F220120923 Hawkish Chinese commentators have urged Beijing to prepare for military conflict with Japan as tensions AND military confrontation what is already the worst crisis in bilateral ties in decades. ---Asian war is unlikely --- regional initiatives check Bitzinger and Desker ‘8 (senior fellow and dean of S. Rajaratnam School of International Studies respectively (Richard A. Bitzinger, Barry Desker, “Why East Asian War is Unlikely,” Survival, December 2008, http://pdfserve.informaworld.com-/678328_731200556_906256449.pdf) The Asia-Pacific region can be regarded as a zone of both relative insecurity AND this suggests that war in Asia – while not inconceivable – is unlikely. Case – Saudi N--ational security courts don’t constrain the executive, lack public accountability, and legalize and encourage an increased use of targeted killing Beauchamp 13 (Zack, Contributor @ Thinkprogress, "What To Be Concerned About As Congress Mulls Targeted Killing Courts," http://thinkprogress.org/security/2013/02/08/1562861/targeted-killing-courts-concerns/) But specialized courts are unlikely to provide effective constraints on the President’s power, and AND legal system, the more a “torture culture” becomes the norm. Drones are locked in - plan can’t solve McDonald 13 (Jack, lecturer at the Department of War Studies, King’s College London, completed his PhD thesis on targeted killings, has worked with The Centre for Defence Studies, “Losing perspective on proliferation,” http://kingsofwar.org.uk/2013/01/losing-perspective-on-proliferation/) The control of UAV technology is, however, a problem. In short, AND little more thought from critics of military UAVs might produce a better critique. Overwhelming U.S. support – means no internal pressure Curry 2013 Tom, National Affairs Writer, June 5, “Poll finds overwhelming support for drone strikes,” NBC News, http://nbcpolitics.nbcnews.com/_news/2013/06/05/18780381-poll-finds-overwhelming-support-for-drone-strikes?lite Some members of Congress have misgivings about the use of drone strikes against suspected terrorists AND as in the NBC/WSJ poll for drone use against overseas terrorists. ---Relations impact empirically denied Bronson 6, Rachel, Vice President, Studies at The Chicago Council on Global Affairs “ 5 Myths About U.S.-Saudi Relations,” May 21st http://www.washingtonpost.com/wp-dyn/content/article/2006/05/19/AR2006051901758.html A major reason for the close ties between the two nations was their common Cold AND in this region here in the Middle East -- and we achieved neither." No spillover OA 7 (Oxford Analytica, “U.S.-Saudi Tensions to Increase in 2008”, Forbes, 7-27, http://www.forbes.com/business/2007/07/26/saudi-arabia-tensions-biz-cx_0727oxford.html)
We are now facing another, more dangerous illusion: the vulnerability of Saudi Arabia's AND , such as the tsunami in Japan or the civil war in Libya. ---No economic collapse from shocks – most comprehensive data. Khadduri, 8/23/2011 (Walid – former Middle East Economic Survey Editor-in-Chief, The impact of rising oil prices on the economies of importing nations, Al Arabiya News, p. http://english.alarabiya.net/views/2011/08/23/163590.html) What is the impact of oil price shocks on the economies of importing nations? AND impact of oil price shocks has become extremely limited compared to previous periods. ---Economy’s resilient – can survive shocks Bloomberg 12 (“Fed’s Plosser Says U.S. Economy Proving Resilient to Shocks,” 5-9, http://www.bloomberg.com/news/2012-05-09/fed-s-plosser-says-u-s-economy-proving-resilient-to-shocks.html) Philadelphia Federal Reserve Bank President Charles Plosser said the U.S. economy has AND our market- based economy and the dynamism and resilience of its citizenry.” Economic decline doesn’t cause war Tir 10 Jaroslav Tir - Ph.D. in Political Science, University of Illinois at Urbana-Champaign and is an Associate Professor in the Department of International Affairs at the University of Georgia, “Territorial Diversion: Diversionary Theory of War and Territorial Conflict”, The Journal of Politics, 2010, Volume 72: 413-425) Empirical support for the economic growth rate is much weaker. The finding that poor AND systemic problems plaguing the country (i.e., an underperforming economy). No econ impact Robert Jervis 11, Professor in the Department of Political Science and School of International and Public Affairs at Columbia University, December 2011, “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. ---Relations destroyed now and alternate causalities outweigh Bergen 3-28 Peter Bergen, CNN National Security Analyst -- March 28, 2014 -- “Why the Saudis unfriended the U.S.” That is why on Friday President Barack Obama met with Saudi King Abdullah, one AND similar to those of another powerful player in the Middle East -- Israel.) ---No Saudi dollar dumping Impact Baker ‘9 Dean Baker – macroeconomist and Co-Director of the Center for Economic and Policy Research in Washington, DC --Foreign Policy – Debunking the dumping the dollar conspiracy OCTOBER 7, 2009 The latest item in this tradition was an article by Robert Fisk, a longtime AND , even if Saudi Arabia starts selling its oil for euros or yuan. ---Lots of factors prevent great power conflict without hegemony Fettweis 10 (Christopher J. Professor of Political Science at Tulane, Dangerous Times-The International Politics of Great Power Peace, pg. 175-6) If the only thing standing between the world and chaos is the US military presence AND typically unidirectional. Strategic restraint in such a world be virtually risk free.
3/29/14
NDT-rd4-1nr
Tournament: NDT | Round: 4 | Opponent: Mary Washington MP | Judge: Lee, Reed, Chung State Secrets DA – Impact Strong navy key to allied response- creates a super-deterrent Lyons, 13 -- retired Navy admiral James, commander in chief of the U.S. Pacific Fleet and senior U.S. military representative to the United Nations, "Where are the carriers?" Washington Times, 1-15-13, l/n, accessed 1-22-13,
To keep pressure on and raise the level of deterrence, movement of naval forces AND assets in a coordinated manner, which certainly should raise the deterrent equation. Russia war outweighs all other impacts – only existential threat Bostrum, March 2002 (Nick – prof of philosophy at Oxford University and recipient of the Gannon Award, Existential Risks, Journal of Evolution and Technology, p. http://www.nickbostrom.com/existential/risks.html) A much greater existential risk emerged with the build-up of nuclear arsenals in AND preludes to the existential risks that we will encounter in the 21st century. Middle east war causes extinction Stirling 11 - hereditary Governor and Lord Lieutenant of Canada, Lord High Admiral of Nova Scotia, M.A. in European Studies The Earl of Stirling 11, “General Middle East War Nears - Syrian events more dangerous than even nuclear nightmare in Japan”,http://europebusines.blogspot.com/2011/03/general-middle-east-war-nears-syrian.html
Any Third Lebanon War/General Middle East War is apt to involve WMD on AND , fought with 21st Century weaponry will be anything but the Biblical Armageddon.
State Secrets DA – Impact – Turns Asia Naval power prevents Asian wars- specifically China Hultin and Blair 6. (Jerry MacArthur Hultin, Undersecretary for the Navy, Dennis Blair, former President for the Institute of Defense Analysis and Admiral, US Navy, “Naval Power and Globalization,” September, 2006 http://www.poly.edu/president/_doc/hultin20naval20power.pdf) Even if the interaction of US and Chinese decisions in future avoids a global naval AND its ability to reinforce quickly to assert maritime superiority throughout any crisis situation.
If the United States slashed its Navy and ended its mission as a guarantor of AND and Enduring Freedom, pass through U.S. ports.”17
Naval power key to the global economy Conway, Roughead, and Allen, 07- *General of U.S. Marine Corps and Commandant of the Marine Corps, Admiral of U.S. Navy and Chief of Naval Operations, *Admiral of U.S. Coast Guard and Commandant of the Coast Guard (*James Conway, Gary Roughead, *Thad Allen, "A Cooperative Strategy for 21st Century Seapower", Department of the Navy, United States Marine Corps, United States Coast Guard, http://www.navy.mil/maritime/MaritimeStrategy.pdf, KONTOPOULOS)
The world economy is tightly interconnected. Over the past four decades, total sea AND of ocean, waterways, and natural resources—potentially resulting in conflict.
State Secrets DA – Impact – Turns Heg Naval power makes Heg sustainable Friedman, 07- Writer for Stratfor (George, "The Limitations and Necessity of Naval Power", Stratfor- Global Intelligence Reports, April 10th 2007, http://www.stratfor.com/limitations_and_necessity_naval_power, KONTOPOULOS)
The argument for slashing the Navy can be tempting. But consider the counterargument. AND fundamentally indispensable role the Navy plays in U.S. national security. State Secrets DA – Impact – AT: Impact D No fill in for naval power – only thing that prevents great power war Eaglen 11 (Mackenzie, Heritage Foundation Research Fellow for National Security Studies, Allison Center for Foreign Policy Studies, May, 16, 2011, “Thinking about a Day without Sea Power: Implications for U.S. Defense Policy”, http://www.heritage.org/research/reports/2011/05/thinking-about-a-day-without-sea-power-implications-for-us-defense-policy) How the United States might replace its preponderant sea power—if that day ever AND because it strains credulity to believe the nation would ever do without one.
State Secrets DA – Spillover The state secrets privilege has no exceptions – it is an all or nothing proposition – the plan must overturn it in its entirety Page 8 (Michael H. – J.D. Candidate, Cornell Law School, “JUDGING WITHOUT THE FACTS: A SCHEMATIC FOR REVIEWING STATE SECRETS PRIVILEGE CLAIMS” 2008, 93 Cornell L. Rev. 1243, lexis) Reynolds*= Refers to US v. Reynolds, case that established the state secrets privilege
The cost of Reynolds and Ellsberg's misplaced analysis is not worth the benefit of the AND . In Jabara v. Kelley, the Eastern District of Michigan stated: Either the plan doesn’t solve or it overturns the whole doctrine because the ruling has to be antithetical to the decision in Reynolds and undermines the whole framework – national security cases are particularly dangerous Rapa 6 (Anthony – J.D. Candidate, 2007, Seton Hall University School of Law, “When Secrecy Threatens Security: Edmonds v. Department of Justice and a Proposal to Reform the State Secrets Privilege”, 2006, 37 Seton Hall L. Rev. 233, lexis) In almost all of the cases noted above, the government invoked the state secrets AND may protect some aspects of national security, but leave others extremely vulnerable. Rulings spill over – multiple opinions prove Donohue 10 (Laura – Associate Professor of Law, Georgetown University Law Center, “The Shadow of State Secrets”, 2010, 159 U. Pa. L. Rev. 77, lexis) The telecommunications cases related to the NSA's warrantless wiretapping program stand apart from the general AND fore the major battles between the branches that mark invocations of the privilege. The doctrine can be overturned literally at any point by either Congress or the Supreme Court CCR 13 (Center for Constitutional Rights, “FAQs: What Are State Secrets”, Accessed 10/19/2013) How is the Bush administration abusing the SSP? The Bush administration is using the AND You can help by handing out this factsheet to your family and friends. Err Neg – the doctrine is easily shaped – little US case law Setty 9 (Sudha – Associate Professor of Law, Western New England College School of Law, “Litigating Secrets Comparative Perspectives on the State Secrets Privilege”, 2009, 75 Brooklyn L. Rev. 201, lexis) Reynolds is the only instance in which the Supreme Court has articulated a standard for AND has led to numerous lawsuits in which national security programs have been implicated. Status quo rulings haven’t clarified the legal debate---the plan does Entlin 12 (Jonathan L. Entin 12, Associate Dean for Academic Affairs (School of Law), David L. Brennan Professor of Law, and Professor of Political Science, Case Western Reserve University. War Powers, Foreign Affairs, and the Courts: Some Institutional Considerations, 45 Case W. Res. J. Int'l L. 443) To be sure, the Supreme Court has decided some well-known national security AND judiciary typically has taken a deferential role in reviewing challenges to executive action. Precedent dictates use of state secret doctrine Ziegler 8 (Margaret, “No Attention to the Man Behind the Curtain: The Government's Increased Use of the State Secrets Privilege to Conceal Wrongdoing”, Berkeley Technology Law Journal, 2008, 23 Berkeley Tech. L.J. 691, lexis) With respect to the second and third approaches to state secrets identified in the opinion AND sufficiently to asses the state secrets privilege in light of the facts." n42
State Secrets DA – Link Wall – Judiciary State secrets are not subject to judicial review – the plan must overrule that doctrine Windsor 12 (Lindsay – J.D. candidate and Master of Security Studies candidate at Georgetown University, “IS THE STATE SECRETS PRIVILEGE IN THE CONSTITUTION? THE BASIS OF THE STATE SECRETS PRIVILEGE IN INHERENT EXECUTIVE POWERS and WHY COURT-IMPLEMENTED SAFEGUARDS ARE CONSTITUTIONAL AND PRUDENT”, 2012, 43 Geo. J. Int'l L. 897, lexis) This case is the most recent invocation of a long-established government privilege which AND in litigation is within "the ability of the Executive." n14 They are in a double-bind – either judicial review doesn’t happen or the plan links and dismisses the state secret doctrine Ziegler 8 (Margaret, “Pay No Attention to the Man Behind the Curtain: The Government's Increased Use of the State Secrets Privilege to Conceal Wrongdoing”, 2008, 23 Berkeley Tech. L.J. 691, lexis) B. Hepting Exemplifies More Expansive Use of the State Secrets Privilege The government, AND incentive on the part of the executive branch to misuse the privilege." n134 Judicial review is inconsistent with state secrets – the plan must rule against the secrets doctrine Strossen et al. 8 (Nadine – President, American Civil Liberties Union; Professor of Law, New York Law School, “LEFT OUT IN THE COLD? THE CHILLING OF SPEECH, ASSOCIATION, AND THE PRESS IN POST-9/11 AMERICA: SEPTEMBER 20-21, 2007”, 2008, 57 Am. U.L. Rev. 1203, lexis) As a second illustration of the relationship between the First Amendment and judicial review, AND human rights, including rendition to countries that we know engage in torture.
State Secrets DA – Link – Drones Drones are protected as state secrets – plan requires circumventing the doctrine Rosen 11 (Richard D. – Professor of Law and Director, Center for Military Law and Policy, Texas Tech University School of Law, “PART III: ARTICLE: DRONES AND THE U.S. COURTS”, 2011, 37 Wm. Mitchell L. Rev. 5280, lexis) V. State Secrets: The Death Knell of Drone Cases Assuming a complaint survives AND to the means, methods, and circumstances under which drones are employed. The privilege applies to drones – only the counterplan avoids the link Sinnar 13 (Shirin – Assistant Professor of Law at Stanford, “Protecting Rights from Within? Inspectors General and National Security Oversight”, May, 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. Empirics prove – state secrets have hidden the drone program Bazzle 12 (Tom – J.D., Georgetown University Law Center, 2011, “Shutting the Courthouse Doors: Invoking the State Secrets Privilege to Thwart Judicial Review in the Age of Terror”, 2012, 23 Geo. Mason U. Civ. Rts. L.J. 29, lexis) C. A New Frontier: The Obama Administration's Invocation of State Secrets to Prevent AND through a secret executive process, is plainly limited to imminent threats. n180
State Secrets DA – U Trends prove – the state secret privilege is stronger Rudenstine 13 (David – Sheldon H. Solow Professor of Law at the Benjamin N. Cardozo School of Law, Yeshiva University, “The Irony of a Faustian Bargain: A Reconsideration of the Supreme Court's 1953 United States v. Reynolds Decision”, Cardozo Law Review, 2013, 34 Cardozo L. Rev. 1283, lexis) Introduction Sixty years ago, the Supreme Court decided United States v. Reynolds. AND Justice to review all claims of executive privilege. See infra note 409. Courts are deferring to the privilege now Bazzle 12 (Tom – J.D., Georgetown University Law Center, 2011, “Shutting the Courthouse Doors: Invoking the State Secrets Privilege to Thwart Judicial Review in the Age of Terror”, 2012, 23 Geo. Mason U. Civ. Rts. L.J. 29, lexis) The war on terror has led to an increased use of the state secrets privilege AND fervor - if not as much regularity n6 - as its predecessor. n7 Obama is increasingly using the privilege Radsan 10 (Afsheen – Professor of Law, William Mitchell College of Law, former assistant general counsel at the Central Intelligence Agency, “Bush and Obama Fight Terrorists Outside Justice Jackson’s Twilight Zone”, http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1684720) "By this point in the journey it should come as no surprise that President AND branches continue to work toward equilibrium in this area of national security law." Obama has reasserted the state secrets privilege – still holds today Setty 12 (Sudha – Professor of Law at Western New England University School of Law, “National Security Interest Convergence”, 2012, 4 Harv. Nat'l Sec. J. 185, lexis) In many nations, a politician's ability to be perceived as "tough on terrorism AND attempted to curtail attorney access to detainees at the Guantanamo detention facility. n55
3/29/14
NDT-rd4-2nc
Tournament: NDT | Round: 4 | Opponent: Mary Washington MP | Judge: Lee, Reed, Chung 2NC
Midterms DA – UQ The GOP is gaining momentum now but they currently fall short of gaining the six seats needed to gain a majority in the Senate – a wave of support could easily shift that which proves the magnitude of the link could change that – prefer our evidence – it cites Sabato – he’s 98 accurate Wikipedia 10 ("University of Virginia Center for Politics," http://en.wikipedia.org/wiki/University_of_Virginia_Center_for_Politics) The Center for Politics was founded in 1998 by Robert Kent Gooch Professor of Politics AND the Brookings Institute, and Barbara A. Perry from Sweet Briar College. Dems will keep control of the Senate - strong turnout key Halloran 3/18/14 (Liz, Political Contributor @ NPR, "Top Democrat Insists Party Will Hold Senate — But Turnout Is Key," http://www.npr.org/blogs/itsallpolitics/2014/03/18/291149027/top-democrat-insists-party-will-hold-senate-but-turnout-is-key) As increasingly confident Republican leaders predict big midterm election gains, the head of Democratic AND turn voters out. When Democratic voters turn out, Democratic candidates win." GOP will gain seats in the Senate, but not enough to retake control Mass 3/14/14 (Warren, Political Contributor @ New American, "Can the GOP Win the Senate This November?," http://www.thenewamerican.com/usnews/politics/item/17851-can-the-gop-win-the-senate-this-november) Political pundits were quick to discuss whether Republican David Jolly’s victory in a March 12 AND get that wave in October that carries them to the six they need?” GOP will gain seats in the Senate in the midterms, but NOT enough to retake control Kondik 3/13/14 (Kyle, Managing Editor @ Sabato's Crystal Ball - UVA Center for Politics, "Senate Update: Domino Effects," http://www.centerforpolitics.org/crystalball/articles/senate-update-domino-effects/) In other words, nearly all the competitive seats this cycle are in places where AND Kentucky and perhaps — if absolutely everything broke right for them — Mississippi. GOP will gain seats but won’t retake the Senate – weak candidates in southern races ensure Goddard 3/13/14 (Taegan, founder of Political Wire, one of the earliest and most influential political websites. He also runs Wonk Wire and the Political Dictionary, "The GOP's chances of taking control of the Senate are rising," http://theweek.com/article/index/258065/gop-chances-of-taking-control-of-the-senate-are-rising) Here are five takeaways:¶ 1. Republicans' chances of taking the Senate are going AND 2012, Republicans could still grasp some defeats from the jaws of victory.
Midterms DA – Link – Targeted Killing Obama takes the heat for targeted killing restrictions - he's publically announced his desire to scale back drone strikes AND the GOP will pounce on the national security implications of the issue Mazzetti and Shane 13 (Mark and Scott, NYT, "Threats Test Obama’s Balancing Act on Surveillance," http://www.nytimes.com/2013/08/10/us/threats-test-obamas-balancing-act-on-surveillance.html?_r=0andpagewanted=print) WASHINGTON — President Obama has said he wants eventually to scale back drone strikes and AND determined it would be impossible to detain them, rather than kill them. Strong, ubiquitous public support for aggressive drone strike policies Merolla 13 (Jennifer, Associate Prof of PoliSci @ Claremont Graduate University, "Terrorism Threat Elevates Public Support for Drones," http://www.huffingtonpost.com/jennifer-merolla-phd/public-opinion-drones_b_3340280.html) Our own research on this topic (in Democracy at Risk: How Terrorist Threats AND lead to more support for aggressive counter-terrorism policies among the public. Widespread, bipartisan support for expansive use of drones – multiple polls prove Cilizza 13 (Chris, Award-winning political correspondent @ Wash Post, "The American public loves drones," http://www.washingtonpost.com/blogs/the-fix/wp/2013/02/06/the-american-public-loves-drones/) But, when it comes to drones, the fight in Washington has no parallel AND public has anything to do with it, drones are here to stay.
Buried in the recently released Washington Post/ABC poll noting improving numbers for President AND damage borne by individuals who remain far beyond the thoughts of most Americans.
Midterms DA – Drone Restrictions = Loss Restrictions on targeted killing constitute a foreign policy defeat for Obama before the midterms Howard 14 (David, National Security Correspondent @ Essential Prepper, "Obama eyeing drone strikes in Syria," http://www.essentialprepper.com/us-eyeing-drone-strikes-syria/) As the United States is revisiting its plans for Syria, US Congressional officials say AND that drone strikes in Syria could help prevent such attacks on the US.
Midterms DA – National Security Focus – Helps GOP National security focus hurts Democrats politically – Republicans are trusted on terror issues and they’ll use the issue to attack Dems as weak Zelizer 12 (Julian, professor of history and public affairs at Princeton University, "Dems' national security advantage at risk," http://www.cnn.com/2012/10/22/opinion/zelizer-presidential-debate/) Democrats stand a lot to lose.¶ For several decades, the public trusted Republicans AND overall agenda still offers the U.S. the best path forward. Midterms DA – Link – General – 2NC War powers debates energize Republicans – plays in the GOP message against Obama and no turns Baier and Williams 3/13/14 (Bret and Carl, Contributors @ Fox News, "Some 2016 Election Contests Examined; President to Alter Overtime Rules; Malaysian Airline Plane Still Missing," lexis) BAIER: Is there an understanding in the voting public about this issue? Is AND It will play I bet in the election. It will come up. Midterms DA – Link – Weakness/Lose– 2NC* The plan allows Republicans to spin Obama as incompetent on questions of war powers - tanks Dems in the midterms The Moderate Voice 13 ("New Republican theme: stay out of Syria due to Obama's incompetence," 9/8, lexis) First there was Peggy Noonan 1- and now it's becoming an emerging theme AND decades. Not good news for Democrats heading into the mid-terms. Accountability – China ---China will ignore new norms – history proves Clark 13 (Colin, editor of Breaking Defense, “China Set To Grab UAV Market While US Restricts Sales,” http://breakingdefense.com/2013/06/14/china-set-to-grab-uav-market-while-us-restricts-sales/)
PARIS: Psst. Hey mister. Wanna buy a UAV? China’s got drones AND America’s decision to sharply restrict satellite sales and their components to foreign countries. The idea that China wouldn’t have realized it could use drones to carry out strikes internationally absent the U.S. doing so, is stupid Kenneth Anderson 11, Professor of International Law at American University, 10/9/11, “What Kind of Drones Arms Race Is Coming?,” http://www.volokh.com/2011/10/09/what-kind-of-drones-arms-race-is-coming/#more-51516 It is indeed likely that the future will see more instances of uses of force AND this for a long time and thinks it is legally and morally right. ---Asian war is unlikely --- regional initiatives check Bitzinger and Desker ‘8 (senior fellow and dean of S. Rajaratnam School of International Studies respectively (Richard A. Bitzinger, Barry Desker, “Why East Asian War is Unlikely,” Survival, December 2008, http://pdfserve.informaworld.com-/678328_731200556_906256449.pdf)
The Asia-Pacific region can be regarded as a zone of both relative insecurity AND this suggests that war in Asia – while not inconceivable – is unlikely. Accountability – Senkaku No East China Sea conflict Rudd 3/14 -- Former Prime Minister and Former Foreign Minister, Member, Australian Parliament, interview with Jonathan Tepperman (Kevin, 2013, "The Situation in North Korea and the Future of U.S.-China Relations," http://www.cfr.org/australasia-and-the-pacific/situation-north-korea-future-us-china-relations/p30230)
What ultimately drives this is a -- is a conflicting set of interests between rampant AND the national mistakes in the public discourse both about Japan and with Japan.
Saudi – Drone Solvency Drones are locked in - plan can’t solve McDonald 13 (Jack, lecturer at the Department of War Studies, King’s College London, completed his PhD thesis on targeted killings, has worked with The Centre for Defence Studies, “Losing perspective on proliferation,” http://kingsofwar.org.uk/2013/01/losing-perspective-on-proliferation/) The control of UAV technology is, however, a problem. In short, AND little more thought from critics of military UAVs might produce a better critique. Zero risk of Saudi Oil disruption – security is tight, damage would be minimal, spare capacity solves CNN 11 (“Saudi oil supplies are safe and secure,” 4/7/2011, http://articles.cnn.com/2011-04-07/opinion/obaid.saudi.energy_1_abqaiq-saudi-oil-saudi-arabia?_s=PM:OPINION
Saudi Arabia doesn't have an alternative to the United States:¶ After the Saudi Royal AND Saudi retraction from its relation with the United States would cost it high. Saudi-US relations resilient – they’ve got nobody else to turn to. Carnegie 14 Carnegie Endowment for International Peace, 2/6, “Carnegie Scholar Says Saudi Relations With the United States Unlikely to Shift”, http://carnegieendowment.org/2014/02/06/carnegie-scholar-says-saudi-relations-with-united-states-unlikely-to-shift/h0a7
Despite this growing list of grievances on both sides, the two countries need each AND , America still relies heavily on the Saudis as the leading local policeman.
