Same critical targeted kill aff with amended plantext - new plan text will be in the open source
1nc was politics wot da aspec xo case with a heg k on case
Block was politics wot da aspec case and heg k
2nr was politics heg k
GSU
7
Opponent: Georgetown ErMic | Judge: Robish
Critical drones versus georgetown ermic
1nc was legalism k politics xo counterplan T and or is both case
block was t politics xo made extensions of legalism case
2nr was case politics
Georgia State
2
Opponent: Louisville LR | Judge: Meiches
Aff was critical drones
Neg was statism Neg went for statism
Georgia State
3
Opponent: Michigan State CZ | Judge: Warden
Aff Critical Drones Neg Executive Cp Congress cp The United States House and Senate Intelligence Committees should publicly release a White Paper that - Explains why The United States federal government use of targeted killing is lawful on both domestic and international grounds - Details the method in which current congressional oversight functions in respect to targeted killing operations - Conditions congressional funding and support for targeted killing operations on the legality of those operations - Assess the effect of targeted killing operations on foreign and diplomatic relations - Conditions congressional legal and political support for targeted killing operations on negative international responses that could result from targeted killing operations - Contains the costs in dollars associated with targeted killing operations Debt Ceiling ASPEC Block kicked the plank CP - 2n took case XO and aspec 1nr took PTX 2nr Aspec XO PTX case
JMU
2
Opponent: Wayne State BS | Judge: NICCOLO PAQUEO
Aff Detention Neg 1 off Wilderson
JMU
4
Opponent: Liberty CE | Judge: Striker
Aff Detention with torturelegal identity and Jud indpendence adv
To modify or delete round reports, edit the associated round.
Cites
Entry
Date
1AC
Tournament: Georgia State | Round: 2 | Opponent: Louisville LR | Judge: Meiches Contention 1: The Wake Up Call Stanford International Human Rights and Conflict Resolution Clinic (IHRCRC) and Global Justice Clinic (GJC) at NYU School of Law 2012 February, Living Under Drones, “Victim Stories” http://www.livingunderdrones.org/victim-stories/ Sadaullah Wazir, teenager, former student from AND lot. Drones have drastically affected life in our area.”
Contention 2: The New War Wilcox makes an interesting point - we justify drone violence by pretending that we save lives through precision bombing. This is the triumph of biopolitical calculation by which life is protected by and while killing it. Wilcox 2009 Lauren, Charles and Amy Scharf Postdoctoral Fellow in the Department of Political Science at Johns Hopkins University, Body Counts: The Politics of Embodiment in Precision Warfare, Political Theory Colloquium In discourse of precision warfare, the deaths of civilians occupy a substantial, if AND prudent and risk-free weapon in our arsenal,” (Melinger 2001).
Targeted killing organizes an extreme and racist biopolitics of profiling and preemption by which brown bodies are designated terrorists and eliminated according to the whims of the state. Goh 2006 Irving Goh Fellow at Harvard University, “Disagreeing Preemptive/ Prophylaxis: From Philip K. Dick to Jacques Rancière” Fast Capitalism, 2.1 2006, http://www.uta.edu/huma/agger/fastcapitalism/2_1/goh.html At present, the time of the preemptive presents the targeted body without the chance AND from believing that he has not "the remotest intention of killing" (Dick 1997:329).
And the moral framework that justifies drones is the logic of the sovereign subject calculating which ones kill and which ones to save. This technologization makes all life calculable and therefore devaluable - guarantees the zeropoint. Dillon 99 (Michael, Professor of Politics and International Relations – University of Lancaster, “Another Justice”, Political Theory, 27(2), April, p. 164-165) Quite the reverse. The subject was never a firm foundation for justice, much AND , is integral to the lack constitutive of the human way of being.
Thus the plan: The United States federal government should substantially increase statutory and or judicial restrictions on the war powers authority of the President of the United States to conduct targeted killing.
Contention 3: Solvency The affirmative openly debates what constitutes a target – this closes the legal space that allows for unchecked violence. Shaw and Akhter, 2012 (Ian Graham Ronald, School of Geographical and Earth Sciences, The University of Glasgow and Majed, School of Geography and Development, University of Arizona, “The Unbearable Humanness of Drone Warfare in FATA, Pakistan” Antipode, 1504-05 The legal space that drones operate in is thus located in the deadly residue of AND . Never does it sit there, and never does it sit still.
And this spills over to a public conversation rethinking what it means for us to be political wartime subjects and allowing for a broader outpouring of open grief and outrage at injustice disrupting political order. Butler, 2009 (Judith, original genius, “Frames of War,” Verso, 39-40) So, one way of posing the question of who "we" are in AND turn public opinion against the war in Iraq, as indeed it did.
And this debate about war in the absence of declared conflict allows us to shift outside of conceptions of war as an event and allow us to conceptualize it as a larger presence. Solves root cause of militarism Cuomo 2003 Chris, professor of Philosophy and Women Studies at UGA “The Philosopher Queen: Feminist Essays on War, Love and Knowledge,” 18-19 Military decisions are not the clean moral problems described by philosophers of war, such AND the state. Those institutions and agents are not just out there somewhere.
And it allows for a broader reconceptualization of moral obligation. This breaks through the predetermination of traditional calculation and allows us to grapple with both the unknowability of the future and infinite responsibility we face in making moral decisions. Only doing so allows us to become moral subjects. Dillon 99 (Michael, Professor of Politics and International Relations – University of Lancaster, “Another Justice”, Political Theory, 27(2), April, p. 166-167) The event of this lack is not a negative experience. Rather, it is AND Justice is what distinguishes that event, precipitating also the way of its unfolding
Finally our solvency need not be linear and final – the antagonism of the affirmative allows for dramatic social change because society is a complex system that is dependent on initial conditions. Ibañez and Iñiguez, 97 Tomas and Lupiciano, Professor and lecturer of Social Psychology at the Universitat Autonoma de Barcelona, “Critical Social Psychology,” 35-6 The Selforganizational Nature of Social Reality Self-organizational systems are basically characterized by their property of eluding the second law AND of principle which make precise knowledge of the evolution of a society impossible.
9/21/13
1ac
Tournament: Georgia State | Round: 3 | Opponent: Michigan State CZ | Judge: Warden 1ac Contention 1: The Wake Up Call Stanford International Human Rights and Conflict Resolution Clinic (IHRCRC) and Global Justice Clinic (GJC) at NYU School of Law 2012 February, Living Under Drones, “Victim Stories” http://www.livingunderdrones.org/victim-stories/ Sadaullah Wazir, teenager, former student from the village of Machi Khel in Mir Ali, North Waziristan, was severely injured in a September 2009 drone strike on his grandfather’s home.1 Sadaullah has filed a complaint before the UN Human Rights Council.2 “Before the drone strikes started, my life was very good. I used AND lot. Drones have drastically affected life in our area.” Could you imagine- your first day of college You’re ready to get out and explore campus- you’ve bought all your textbooks in advance. You can’t wait. And then you hear it. The light air plane droning sound of a UAV. Your cortisol levels spike. You sweat. You’ve heard it before. Suddenly, it all changes. You wake up and your head hurts too much to go to school and you drop out. I know, I know – this sounds like a manipulative sob story, but its also more than that because this is how we started to care. Not because we’ve read a bunch of philosophy but because we recognize that this story is not an outlier– there are 3000 or so more. That story only sounds like a sob story because we have a default not to care. Why would something happening to someone else matter? We live in America. More than that – that story asks questions about our vulnerability. What if I was susceptible to violence just because I or Vincent was an Arab adult male in a combat zone? It’s impossible to imagine, but I think that kind of impossibility is important. So how does this happen? Why is the default not to care? Contention 2: The New War Ian Shaw and Majed Akter contend that drone warfare provides the illusion of invulnerability and precision. That allows us to magically strike down our enemies without consequences. Shaw and Akhter, 2012 (Ian Graham Ronald, School of Geographical and Earth Sciences, The University of Glasgow and Majed, School of Geography and Development, University of Arizona, “The Unbearable Humanness of Drone Warfare in FATA, Pakistan” Antipode, 1500-1 In this sense, the drone is fundamentally a fetishized object. And we mean this in the Marxist sense of the concept—the object’s human relations are mystified and masked—as the drone presents itself to the world as an autonomous agent, isolated from the imperial and military apparatus behind it. Marx used the concept of the fetish in numerous ways to describe the exchange of commodities: A commodity is therefore a mysterious thing, simply because in it the social character of men’s labour appears to them as an objective character stamped upon the product of that labour; because the relation of the producers to the sum total of their own labour is presented to them as a social relation, existing not between themselves, but between the products of their labour (Marx 1991:28). The commodity fetish is a two-fold phenomenon: the commodity transcends the labour AND Jameson, Adorno, Benjamin, Baudrillard, and Debord have differently illustrated. The primary relationship evoked in most discussions of drone warfare is between a drone and AND machines, and a war of discrete and surgical strikes from the sky. A critical geography must therefore intervene to dismantle the production and maintenance of the drone AND by masculine US forces—without mention of the human pain and suffering. Objects, commodities, and technologies have always mattered to the unfolding stories of our AND “war on terror” is a fetishization that occludes its unbearable humanness. We even justify it by pretending that we save lives through precision bombing. This is the triumph of biopolitical calculation by which life is protected by and while killing it. Wilcox 2009 Lauren, Charles and Amy Scharf Postdoctoral Fellow in the Department of Political Science at Johns Hopkins University, Body Counts: The Politics of Embodiment in Precision Warfare, Political Theory Colloquium In discourse of precision warfare, the deaths of civilians occupy a substantial, if AND prudent and risk-free weapon in our arsenal,” (Melinger 2001). This culiminates in the bureaucratization of mass murder by which life is reduced to a database of targets. Shaw 2013 Ian G. R., research fellow in the School of Geographical and Earth Sciences at the University of Glasgow, “Predator Empire: The Geopolitics of U.S. Drone Warfare,” Geopolitics, http://www.academia.edu/2125232/Predator_Empire_The_Geopolitics_of_U.S._Drone_Warfare Predator Empire: The Geopolitics of U.S. Drone Warfare Since 2010, Obama administration officials have busily constructed a database for administering life and AND Orwellian terminology, is very much the new face of an old Empire. And the drone war’s expansion from culprits of 9/11 to low level henchwomen and affiliates is the tipping point for the codification and securitization of life itself in preemptive biopolitics Shaw 2013 Ian G. R., research fellow in the School of Geographical and Earth Sciences at the University of Glasgow, “Predator Empire: The Geopolitics of U.S. Drone Warfare,” Geopolitics, http://www.academia.edu/2125232/Predator_Empire_The_Geopolitics_of_U.S._Drone_Warfare Dillon and Reid extend Foucault’s biopolitics of the population to a biopolitics of the molecular AND , but virtualized forms of emergence that may become threats in the future 97 Makes the whole planet killable – is a unique logic that renders the whole world as a target within the sovereign subject’s crosshairs. Shaw and Akhter, 2012 (Ian Graham Ronald, School of Geographical and Earth Sciences, The University of Glasgow and Majed, School of Geography and Development, University of Arizona, “The Unbearable Humanness of Drone Warfare in FATA, Pakistan” Antipode, 1494-6) In this section, we argue that the ramping up of drone deployments is justified AND report on targeted killing reveals, it can be thought of as follows: A targeted killing is the intentional, premeditated and deliberate use of lethal force, AND the use of car bombs, and poison (Alston 2010:4) The drone is heralded by the US military as the apex of a targeting logic AND it can be made visible. Indeed, to see is to destroy. Vision is thus crucial to an ocularcentric Western society (Rose 2001), and always AND ” that prides itself on its “objectivity” (1988:586). This disembodied visual logic is perfected in the doctrine of airpower, the dominant theme AND tied to the celestial, and space-based subjectivities are increasingly normalized. Orbital logics thus spill into the everyday, as does the pervasive influence of targeting AND be” is to be locked within the cool certainty of a crosshair. And the moral framework that justifies drones is the logic of the sovereign subject calculating which ones kill and which ones to save. This technologization makes all life calculable and therefore devaluable - guarantees the zeropoint. Dillon 99 (Michael, Professor of Politics and International Relations – University of Lancaster, “Another Justice”, Political Theory, 27(2), April, p. 164-165) Quite the reverse. The subject was never a firm foundation for justice, much AND , is integral to the lack constitutive of the human way of being. Plus militarism is just generally bad news bear – root cause of global militarization Hossezin-Zadeh 10 Ismael teaches economics @ Drake University, “The Biggest Parasite,” 12-17-10, http://www.counterpunch.org/2010/12/17/the-globalization-of-militarism/ DOA: 7-31-13 Many Americans still believe that US foreign policies are designed to maintain peace, to AND into an ominous global force of destabilization, obstruction, retrogression and authoritarianism. Thus the plan: The United States federal government should substantially increase statutory and or judicial restrictions on the war powers authority of the President of the United States to conduct targeted killing. Contention 3: Solvency The affirmative openly debates what constitutes a target – this closes the legal space that allows for unchecked violence. Shaw and Akhter, 2012 (Ian Graham Ronald, School of Geographical and Earth Sciences, The University of Glasgow and Majed, School of Geography and Development, University of Arizona, “The Unbearable Humanness of Drone Warfare in FATA, Pakistan” Antipode, 1504-05 The legal space that drones operate in is thus located in the deadly residue of AND long as that force is necessary and proportionate (Alston 2010:12). Both the CIA and Pakistani government remain tight-lipped on the drone program, AND As one professor and legal scholar at George Washington University, puts it: . . . instead of apologizing each time the wrong individual is targeted or collateral damage is caused, we should stress that the issue would be largely resolved in short order if the abusive civilians would stop their abusive practices and fight—if they must—according to established rules of war. They cannot have it both ways . . . (Etzioni 2010:67: emphasis in original). There is therefore much at stake in drone warfare, including the status of those AND . Never does it sit there, and never does it sit still. This debate defends separation of powers and thereby advances democratic struggle by restraining executive authority and agitating for a better world. Solves the state of exception Lauritsen 2010 Holger Ross Aarhus University “Democracy and the Separation of Powers: A Rancièrean Approach,” Distinktion: Scandinavian Journal of Social Theory, found via ebscohost, 18 Rancière clearly rejects the liberal claim that liberal democratic institutions, for instance the separation AND the belief that this promise has already been ful?lled easily becomes politically pacifying. The democratic struggle, it should ?nally be pointed out, could be de?ned as AND tool for contesting, by promoting democratic progress, the current exercise of power And this spills over to a public conversation rethinking what it means for us to be political wartime subjects and allowing for a broader outpouring of open grief and outrage at injustice disrupting political order. Butler, 2009 (Judith, original genius, “Frames of War,” Verso, 39-40) So, one way of posing the question of who "we" are in AND for non-US nationals, and none at all for illegal workers. The differential distribution of public grieving is a political issue of enormous significance. It AND and destroyed without fully assimilating to the iconic function of the image. 4 Open grieving is bound up with outrage, and outrage in the face of injustice AND turn public opinion against the war in Iraq, as indeed it did. And this debate about war in the absence of declared conflict allows us to shift outside of conceptions of war as an event and allow us to conceptualize it as a larger presence. Solves root cause of militarism Cuomo 2003 Chris, professor of Philosophy and Women Studies at UGA “The Philosopher Queen: Feminist Essays on War, Love and Knowledge,” 18-19 Military decisions are not the clean moral problems described by philosophers of war, such AND or in the remarkable resemblance between states of peace and states of war. Spatial metaphors (in war, out of war, at war) represent war AND privilege or luck or ignorance allows us to keep our distance from war. Seeing war as an event is like seeing rape or school shootings or suicide bombings AND have abated because everyone has been so distracted by the crisis of war). But horribly damaging state-sponsored violence occurs regularly and widely, and much of it is perpetuated by military institutions and other militaristic agents of the state. Those institutions and agents are not just out there somewhere. And it allows for a broader reconceptualization of moral obligation. This breaks through the predetermination of traditional calculation and allows us to grapple with both the unknowability of the future and infinite responsibility we face in making moral decisions. Only doing so allows us to become moral subjects. Dillon 99 (Michael, Professor of Politics and International Relations – University of Lancaster, “Another Justice”, Political Theory, 27(2), April, p. 166-167) The event of this lack is not a negative experience. Rather, it is AND Justice is what distinguishes that event, precipitating also the way of its unfolding Finally our solvency need not be linear and final – the antagonism of the affirmative allows for dramatic social change because society is a complex system that is dependent on initial conditions. Ibañez and Iñiguez, 97 Tomas and Lupiciano, Professor and lecturer of Social Psychology at the Universitat Autonoma de Barcelona, “Critical Social Psychology,” 35-6 The Selforganizational Nature of Social Reality Self-organizational systems are basically characterized by their property of eluding the second law AND responds to non-linear equations with several solutions that are equally possible. Bearing in mind the characteristics of self-organizational systems, it seems sufficiently clear that societies exhibit a series of properties which brand them as such systems. I will cite a few: • Society is neither designed nor regulated by the art or magic of any exterior agent or will (clearly the figure of colonialism does not constitute a counter example). Society is not implemented from its beginnings by a programme which incorporates the instructions for its functional evolution: • Society maintains itself, by definition, in a state of non-equilibrium, that is, a state remote from maximum entropy. • There is no society without social differentiation and social structures. Moreover, modern societies are characterized by a strong internal differentiation with a high degree of redundancy or structural and functional variability; • Society evolves historically towards greater complexity, and this social evolution constitutes an irreversible process (except, obviously, if society is destroyed). • As Popper argued, there are reasons of principle which make precise knowledge of the evolution of a society impossible.
9/21/13
1ac
Tournament: JMU | Round: 2 | Opponent: Wayne State BS | Judge: NICCOLO PAQUEO Plan The United States federal judiciary should affirm the United States District Court for the Southern District of New York's ruling against the indefinite detention provisions of the National Defense Authorization Act.
Terrorism Advantage Indefinite detention hurts the war on terror – impedes intelligence gathering, destroys credibility, and alienates key allies Hathaway, et al, ’13 Oona (Gerard C. and Bernice Latrobe AND ”, The Yale Journal of International Law, Vol. 38, 2013 The least contested bases for detention authority in any context are postconviction criminal detention and AND , which in turn produces more intelligence over the course of prosecution.254
Indefinite detention creates recruitment propaganda and causes a resource trade off which shatters the ability to fight terrorism Powell 8 (Catherine, Georgetown Law Visiting Professor for the 2012-13 academic year and teaches international law, constitutional law, and constitutional rights in comparative perspective. She has recently served in government on Secretary of State Hillary Clinton’s Policy Planning Staff and on the White House National Security Staff, where she was Director for Human Rights. “Scholars’ Statement of Principles for the New President on U.S. Detention Policy: An Agenda for Change*” http://www.law.yale.edu/documents/pdf/Alumni_Affairs/Scholars_Statement.pdf)
Across the political spectrum, there is a growing consensus that the existing system of AND with Congress to utilize this broad array of tools to vigorously prosecute terrorism.
Terrorist organizations are gaining strength now Evans 13(Andrew, quoting: Derek Chollet, assistant secretary of Defense for International Security Affairs and Michael Sheehan, assistant secretary of Defense for Special Operations/Low Intensity Conflict and Interdependent Capabilities, “Al Qaeda growing threat in Middle East, Obama officials say”, http://freebeacon.com/the-tide-of-war-is-rising/, 4/10/13) Defense and military officials testified that al Qaeda is gaining a foothold in several areas AND and watch and figure out reasons why we can’t intervene,” McCain said.
Terrorism goes nuclear---high risk of theft and attacks escalate Dvorkin 12 (Vladimir Z., Major General (retired), doctor of technical sciences, professor, and senior fellow at the Center for International Security of the Institute of World Economy and International Relations of the Russian Academy of Sciences. The Center participates in the working group of the U.S.-Russia Initiative to Prevent Nuclear Terrorism, 9/21/12, "What Can Destroy Strategic Stability: Nuclear Terrorism is a Real Threat," belfercenter.ksg.harvard.edu/publication/22333/what_can_destroy_strategic_stability.html) Hundreds of scientific papers and reports have been published on nuclear terrorism. International conferences AND a common understanding of these threats and develop a strategy to combat them.
Extinction – tech and poor response mechanisms Nathan Myhrvold '13, Phd in theoretical and mathematical physics from Princeton, and founded Intellectual Ventures after retiring as chief strategist and chief technology officer of Microsoft Corporation , July 2013, "Stratgic Terrorism: A Call to Action," The Lawfare Research Paper Series No.2, http://www.lawfareblog.com/wp-content/uploads/2013/07/Strategic-Terrorism-Myhrvold-7-3-2013.pdf Several powerful trends have aligned to profoundly change the way that the world works. AND us with our shortcomings by repeatedly attacking us or hectoring us for decades.
Only by ending indefinite detention, thus increasing US legitimacy and winning hearts and minds, can we win the war on terror Spaulding 9 (Suzanne E., counsel of record, AMICI CURIAE OF FORMER NATIONAL SECURITY OFFICIALS AND COUNTERTERRORISM EXPERTS IN SUPPORT OF PETITIONER, http://www.cnss.org/data/files/DetentionDue_Process/Enemy_Combatants/AlMarri_v_Spagone_Amicus_Brief_1.28.09.pdf) Imprisonment without trial of individuals seized inside the United States promotes the false narrative of a United States engaged in a war on Islam and Muslims, which the terrorists exploit for recruitment. Seizing individuals off the streets of America, declaring them enemy combatants, and asserting the right to keep them locked up indefinitely, with no formal charges or trial, is so far outside the traditions of fundamental fairness on which this Nation was founded that it perpetuates the perception generated by al Qaeda that we have abandoned our commitment to the rule of law. We recognize that the security threat springs from the terrorists: U.S. policies and actions in no way justify the conduct of the terrorists. But the perception that the United States is failing to act in accordance with its fundamental values feeds the terrorist narrative, and thus undermines our efforts to confront the terrorist threat.12 The significance of this dynamic is now broadly understood. As Retired General Wesley Clark said in an article about this very case: Treating al-Marri as an enemy combatant endangers our political traditions and our commitment to liberty, and further damages America’s legitimacy in the eyes of others. . . . We train our soldiers to respect the line between combatant and civilian. Our political leaders must also respect this distinction, lest we unwittingly endanger the values for which we are fighting, and further compromise our efforts to strengthen our security. Wesley K. Clark and Kal Raustiala, Why Terrorists Aren’t Soldiers, N.Y.Times, Aug. 8, 2007, at A19. Jeffrey H. Smith, former CIA General Counsel, testified before the Senate Armed Services Committee in 2007: “In our efforts to get tough with the terrorists we have strayed from some of our fundamental principles and undermined 60 years of American leadership in the law of war. In six short years, our disregard for the rule of law has undermined our standing in the world and, with it, our ability to achieve our objectives in the broader war.” Meeting to Receive Testimony on Legal Issues Regarding Individuals Detained by the Department of Defense as Unlawful Enemy Combatants: Hearing Before the S. Comm. on Armed Services, 110th Cong. 3 (Apr. 26, 2007) (statement of Jeffrey H. Smith, Senior Partner, Arnold and Porter LLP), available at http://armedservices.senate.gov/statemnt/2007/April/Smith2004- 26-07.pdf. One reason the United States does not face the level of homegrown terrorism threat that Europe has experienced is that immigrants are better integrated into American society. See James Fallows, Declaring Victory, The Atlantic, Sept. 2006, at 60 (“Something about the Arab and Muslim immigrants who have come to America, or about their absorption here, has made them basically similar to other well-assimilated American ethnic groups – and basically different from the estranged Muslim underclass of much of Europe.”). Working with these Muslim communities in the United States, and building trust, is one of the most promising avenues for deterring young people from extremism. See Muslim Public Affairs Council, The Impact of 9/11 on Muslim American Young People 1 (June 2007) (“The more narrow the orbit of acceptance is toward young Muslims who are traversing the various stages of adolescence toward becoming young professionals, the more likely we will begin to see serious cases of radicalization that can evolve into trends.”), available at http://www.mpac.org/publications/youth- paper/MPAC-Special-Report--Muslim-Youth.pdf.13 See also Stephen Magagnini, Local FBI chief rebuilds trust with Muslim leaders, Sacramento Bee, Dec. 1, 2008, available at http://www.sacbee.com/101/story/1438316.html. Policies that drive a wedge between these communities and the government or the rest of society frustrate efforts aimed at increasing trust and understanding and, instead, increase a sense of alienation. In 2008, the Department of Homeland Security issued a memorandum that reflects how seriously those with responsibility for protecting the territory and people of the United States take the battle for hearts and minds. It concludes that “Bin Laden and his followers will succeed if they convince large numbers of people that America and the West are at war with Islam and that a ‘clash of civilizations’ is inherent.” Memorandum from the U.S. Dep’t of Homeland Security, Terminology to Define the Terrorists: Recommendations from American Muslims 7 (Jan. 2008). The DHS memorandum mphasized the importance of conveying the message that “Muslims have been, and will continue to be part of the fabric of our country. . . . We must emphasize that Muslims are not ‘outsiders’ looking in, but are an integral part of America and the West.” Id. at 8. This essential message is dramatically undermined by seizing and indefinitely detaining Muslims inside the United States on the basis of an executive branch allegation that they are enemy combatants. While this policy may not expressly target Muslims, it has been applied only against Muslims, as have nearly all of the harsh policies adopted after 9/11.14 This fuels the terrorist narrative of a war on Islam. The DHS memorandum clearly explains the danger inherent in inadvertently reinforcing al Qaeda’s propaganda. “Bin Laden’s narrative presumes a war against Islam and rampant mistreatment of Muslims by the American and other Western governments. Extremist recruiters argue that Muslims should segregate from the larger society; moreover, their recruitment pitch depends on isolation.” Memorandum from the U.S. Dep’t of Homeland Security, Terminology to Define the Terrorists: Recommendations from American Muslims 8 (Jan. 2008). The terrorist seeks to undercut an individual’s sense of identity as a Muslim citizen of a state that values fair treatment and protects fundamental human rights. Policies that appear to accord Muslim suspects less than full equality under the law reinforce this dangerous and misleading message. See Islamic Extremism in Europe: Hearing Before the Subcomm. on European Affairs of the S. Foreign Relations Comm., 109th Cong. 7 (Apr. 5, 2006) (statement of Daniel Fried, Assistant Secretary of State for European Affairs), available at http://foreign.senate.gov/testimony/2006/FriedTestimony060405.pdf (“We must also intensify our efforts to counter the extremist ideas that drive Islamic terrorism. . . . It . . . requires us to demonstrate through our own nation’s experience that Muslims can be patriotic, democratic, and religious at the same time.”). Senior Counterterrorism Analyst Gina Bennett, until recently the Deputy National Intelligence Officer for Transnational Threats, first highlighted the national security risk of a double standard in an intelligence assessment written back in 1993, which also provided the first serious warning about Usama Bin Laden. That assessment, titled “The Wandering Mujahidin: Armed and Dangerous,” concludes: “The growing perception by Muslims that the U.S. follows a double standard with regard to Islamic issues – particularly in Iraq, Bosnia, Algeria, and the Israelioccupied territories – heightens the possibility that Americans will become the targets of radical Muslims’ wrath. Afghan war veterans, scattered through the world, could surprise the U.S. with violence in unexpected locales.” Gina Bennett, The Wandering Mujahidin: Armed and Dangerous, Weekend Edition (U.S. Dep’t of State, Bureau of Intelligence and Research), Aug. 21-22, 1993, at 5, available at http://www.nationalsecuritymom.com/3/WanderingM ujahidin.pdf. The foresight of this analysis was tragically proven on September 11, 2001. The danger to Americans of sending a message that the United States has a double standard for Muslims can no longer be viewed as hypothetical. Nor is the impact of such messages considered hypothetical by those serving in Iraq and Afghanistan. As former Navy General Counsel Alberto Mora has testified, “there are serving U.S. flag-rank officers who maintain that the first and second identifiable causes of U.S. combat deaths in Iraq – as judged by their effectiveness in recruiting insurgent fighters into combat – are, respectively the symbols of Abu Ghraib and Guantánamo.” Hearing on the Treatment of Detainees in U.S. Custody Before the S. Comm. on Armed Services, 110th Cong. 5 (June 17, 2008) (statement of Alberta Mora, General Counsel, Dep’t of the Navy), available at http://armedservices.senate.gov/statemnt/2008/June/Mora2006- 17-08.pdf. Again, harsh policies and actions that were directed only against Muslims fueled recruitment efforts, with direct and deadly consequences. b. Military detention of Mr. al-Marri feeds the false narrative that the terrorists are holy warriors. By treating a terrorism suspect apprehended within the United States as an “enemy combatant,” rather than as a criminal suspect, we grant the suspect the very status a terrorist seeks, a status widely honored by those to whom terrorists propound their narrative. See Memorandum from the U.S. Dep’t of Homeland Security, Terminology to Define the Terrorists: Recommendations from American Muslims 9 (Jan. 2008) (“Words matter. The terminology the United States uses should convey the magnitude of the threat we face, but also avoid inflating the religious bases and glamorous appeal of the extremists’ ideology. Instead, United States’ terminology should depict the terrorists as the dangerous cult leaders they are. They have no honor, they have no dignity, and they offer no answers. While acknowledging that they have the capacity to destroy, we should constantly emphasize that they cannot build societies, and do not provide solutions to the problems people across the globe face.”). The dilemma we create for ourselves takes on particular force where, as here, military imprisonment is indefinite.15 As a military captive, the terrorism suspect is the continuing object of our own military force, and by imposing that force for an indefinite period of time, we continue to validate the terrorist narrative of the warrior and martyr. The prisoner may be regularly, if not constantly, in the public’s mind, always available as a source of inspiration. For example, a relatively insignificant Sudanese cameraman named Sami al Hajj became famous around the world by the mere fact of his long impris-onment at Guantanamo Bay as an enemy combatant. His captivity was regularly reported by al Jazeera and other Arabic news outlets, and closely followed by the more than a billion people reached by those outlets. See, e.g., Profile: Sami al-Hajj, Al Jazeera, May 2, 2008, available at http://english.aljazeera.net/news/americas/2008/05/200 861505753353325.html; Sami al-Hajj Hits Out at U.S. Captors, Al Jazeera, May 31, 2008, available at http://english.aljazeera.net/news/africa/2008/05/20086 150155542220.html. In contrast, treating the terrorism suspect seized in the United States as a criminal suspect pursuant to statutes that proscribe engagement in terrorist activity focuses the narrative on the alleged terrorist activity, rather than his status as “warrior,” thereby deconstructing the terrorist narrative. The heroism of armed conflict against the enemy becomes the cowardice of anonymous violence against innocent victims. The aspiring member of a great army, when isolated to his crime, becomes a small-minded individual. About a warrior held in a military prison an extravagant mythology may be erected; but the fellow in the dock of a public trial, forced to witness the deliberate presentation of evidence of his cowardice becomes pathetic. His narrative loses the power to inspire. Like Ramzi Yousef, Fawaz Yunis, and many others convicted of terrorist acts in U.S. courts, he may soon be forgotten. Thus, the Director of National Intelligence’s National Counterterrorism Center has urged intelligence professionals to Never use the terms “jihadist” or “mujahideen” in conversation to describe the terrorists. A mu-ahed, a holy warrior, is a positive characterization in the context of a just war. . . . Calling our enemies jihadists and their movement a global jihad unintentionally legitimizes their actions. Counterterrorism Communications Center, National Counterterrorism Center, Office of the Director of National Intelligence, Words that Work and Words that Don’t: A Guide for Counterterrorism Communication, March 14, 2008, at 2; see also Memorandum from the U.S. Dep’t of Homeland Security, Terminology to Define the Terrorists: Recommendations from American Muslims 3 (Jan. 2008) (“The consensus is that we must carefully avoid giving bin Laden and other al-Qaeda leaders the legitimacy they crave, but do not possess, by characterizing them as religious figures, or in terms that may make them seem to be noble in the eyes of some.”). General Clark has also made this point: By treating such terrorists as combatants . . . we accord them a mark of respect and dignify their acts. And we undercut our own efforts against them in the process. . . . If we are to defeat terrorists across the globe, we must do everything possible to deny legitimacy to their aims and means, and gain legitimacy for ourselves. . . . . The more appropriate designation for terrorists is not “unlawful combatant” but the one long used by the United States: “criminal.” Wesley K. Clark and Kal Raustiala, Why Terrorists Aren’t Soldiers, N.Y.Times, Aug. 8, 2007, at A19. In sum, the government’s argument that national security concerns justify and require the indefinite emilitary imprisonment of Mr. al-Marri as an enemy combatant is precisely backwards. Using the paradigm of the “war on terror” and the label “enemy combatant” to justify the indefinite military detention of individuals seized inside the United States does not preserve our national security; it threatens it. Unwavering Commitment To America’s Fundamental Values Makes Our Nation Strong And Is Essential To Protect The Nation Against The Terrorist Threat. Discrediting the terrorist narrative and offering a positive alternative – i.e., a narrative of equality, justice, and commitment to the rule of law – is critical to effective counterterrorism strategy. The national security benefits of adhering to our fundamental principles are broadly understood. See Office of the Executive, National Strategy for Combating Terrorism, 2 (Feb. 2003) (The Bush Administration declared, in the 2003 National Strategy for Combating Terrorism, “We will use the power of our values to shape a free and more prosperous world. We will employ the legitimacy of our government and our cause to craft strong and agile partnerships.”); Michael German, Squaring the Error, in Law vs. War: Competing Approaches to Fighting Terrorism 11, 15-16 (Strategic Studies Institute, U.S. Army War College, 2005) (“This is a battle for legitimacy, and as such, it is one that we should easily win. As an open and free democracy regulated by the rule of law, we offer a future of peace and prosperity that the jihadist movement does not. . . . Respect for the rule of law, international conventions, and treaty obligations will not make us weaker, it will engender international cooperation and good will that make it impossible for extremist movements to prosper.”), available at http://www.strategicstudiesinstitute.army.mil/pubs/di splay.cfm?pubID=613; Dr. Kenneth Payne, Waging Communication War, Parameters: U.S. Army War College Quarterly, Summer 2008, at 37, 45 (“Effective communication rests on credibility; communications that are not believed are simply hot air.”). Ultimately, the most credible voices revealing the emptiness of the terrorist narrative will be Muslim voices. However, these voices are more likely to be heard if American policies do not hand a megaphone to al Qaeda and their ilk. The reality of a United States that is willing to fairly prosecute the terrorism suspect in a public trial will diminish and discredit the terrorists’ lies and strengthen the credibility of the counter-narrative. This is how violent extremism will ultimately be defeated. In the words of President Obama, “We know that to be truly secure, we must adhere to our values as vigilantly as we protect our safety – with no exceptions.” President-Elect Barack Obama, Remarks at Announcement of Intelligence Team (Jan. 9, 2009). CONCLUSION The decision in this case will reinforce one of two narratives – our own or the terrorist’s – and thereby either aid or encumber the Nation’s ongoing counterterrorism efforts. The Court should reverse. Independent Judiciary Advantage
Judicial Independence Now is the key time for judicial independence movements globally Radio Free Europe 7/25/13 (Interview with US Supreme Court Justice Elena Kagan, "U.S. Supreme Court Justice Elena Kagan: 'There Are Always Bumps In The Road'," http://www.rferl.org/content/us-supreme-court-justice-elena-kagan-interview/25056808.html) The nine judges of the United States Supreme Court have no armies, no police AND account, not to accede to everything that the powers that be want. Current deference to the executive over detention policy has downed judicial independence McCormack 8/20/13 (Wayne, E. W. Thode Professor of Law at the University of Utah S.J. Quinney College of Law, "U.S. Judicial Independence: Victim in the “War on Terror”," https://today.law.utah.edu/projects/u-s-judicial-independence-victim-in-the-war-on-terror/) One of the principal victims in the U.S. so-called “ AND responsibility for abuses by government of which the judiciary is a part. ¶
US judicial independence is a key model – detention policy is used to justify abuses globally CJA et al 3 ("Brief of the Center for Justice and Accountability, International League for Human Rights, and Individual Advocates for the Independence of the Judiciary in Emerging Democracies," October, Odah vs. USA and Rasul vs. Bush, http://jenner.com/system/assets/assets/5567/original/AmiciCuriae_Center_for_Justice_Int_League_Human_Rights_Adv_For_Indep_Judiciary2.pdf?1323207521) Other Nations Have Curtailed Judicial Review During Times Of Crisis, Often Citing the United States' Example, And Individual Freedoms Have Diminished As A Result. While much of the world is moving to adopt the institutions necessary to secure individual rights, many still regularly abuse these rights. One of the hallmarks of tyranny is the lack of a strong and independent judiciary. Not surprisingly, where countries make the sad transition to tyranny, one of the first victims is the judiciary. Many of the rulers that go down that road justify their actions on the basis of national security and the fight against terrorism, and, disturbingly, many claim to be modeling their actions on the United States. Again, a few examples illustrate this trend. In Peru, one of former President Alberto Fujimori’s first acts in seizing control was to assume direct executive control of the judiciary, claiming that it was justified by the threat of domestic terrorism. He then imprisoned thousands, refusing the right of the judiciary to intervene. International Commission of Jurists, Attacks on Justice 2000-Peru, August 13, 2001, available at http://www.icj.org/news.php3?id_article=2587andlang=en (last visited Jan. 8, 2004). In Zimbabwe, President Mugabe’s rise to dictatorship has been punctuated by threats of violence to and the co-opting of the judiciary. He now enjoys virtually total control over Zimbabweans' individual rights and the entire political system. R.W. Johnson, Mugabe’s Agents in Plot to Kill Opposition Chief, Sunday Times (London), June 10, 2001; International Commission of Jurists, Attacks on Justice 2002— Zimbabwe, August 27, 2002, available at http://www.icj.org/news.php3?id_article=2695andlang=en (last visited Jan. 8, 2004). While Peru and Zimbabwe represent an extreme, the independence of the judiciary is under assault in less brazen ways in a variety of countries today. A highly troubling aspect of this trend is the fact that in many of these instances those perpetuating the assaults on the judiciary have pointed to the United States’ model to justify their actions. Indeed, many have specifically referenced the United States’ actions in detaining persons in Guantánamo Bay. For example, Rais Yatim, Malaysia's "de facto law minister" explicitly relied on the detentions at Guantánamo to justify Malaysia's detention of more than 70 suspected Islamic militants for over two years. Rais stated that Malyasia's detentions were "just like the process in Guantánamo," adding, "I put the equation with Guantánamo just to make it graphic to you that this is not simply a Malaysian style of doing things." Sean Yoong, "Malaysia Slams Criticism of Security Law Allowing Detention Without Trial," Associated Press, September 9, 2003 (available from Westlaw at 9/9/03 APWIRES 09:34:00). Similarly, when responding to a United States Government human rights report that listed rights violations in Namibia, Namibia's Information Permanent Secretary Mocks Shivute cited the Guantánamo Bay detentions, claiming that "the US government was the worst human rights violator in the world." BBC Monitoring, March 8, 2002, available at 2002 WL 15938703. Nor is this disturbing trend limited to these specific examples. At a recent conference held at the Carter Center in Atlanta, President Carter, specifically citing the Guantánamo Bay detentions, noted that the erosion of civil liberties in the United States has "given a blank check to nations who are inclined to violate human rights already." Doug Gross, "Carter: U.S. human rights missteps embolden foreign dictators," Associated Press Newswires, November 12, 2003 (available from Westlaw at 11/12/03 APWIRES 00:30:26). At the same conference, Professor Saad Ibrahim of the American University in Cairo (who was jailed for seven years after exposing fraud in the Egyptian election process) said, "Every dictator in the world is using what the United States has done under the Patriot Act . . . to justify their past violations of human rights and to declare a license to continue to violate human rights." Id. Likewise, Shehu Sani, president of the Kaduna, Nigeriabased Civil Rights Congress, wrote in the International Herald Tribune on September 15, 2003 that "the insistence by the Bush administration on keeping Taliban and Al Quaeda captives in indefinite detention in Guantánamo Bay, Cuba, instead of in jails in the United States — and the White House's preference for military tribunals over regular courts — helps create a free license for tyranny in Africa. It helps justify Egypt's move to detain human rights campaigners as threats to national security, and does the same for similar measures by the governments of Ivory Coast, Cameroon and Burkina Faso." Available at http://www.iht.com/ihtsearch.php?id=109927andowner=(IHT)anddat e=20030121123259. In our uni-polar world, the United States obviously sets an important example on these issues. As reflected in the foundational documents of the United Nations and many other such agreements, the international community has consistently affirmed the value of an independent judiciary to the defense of universally recognized human rights. In the crucible of actual practice within nations, many have looked to the United States model when developing independent judiciaries with the ability to check executive power in the defense of individual rights. Yet others have justified abuses by reference to the conduct of the United States. Far more influential than the words of Montesquieu and Madison are the actions of the United States. This case starkly presents the question of which model this Court will set for the world. This case starkly presents the question of which model this Court will set for the world. CONCLUSION Much of the world models itself after this country’s two hundred year old traditions — and still more on its day to day implementation and expression of those traditions. To say that a refusal to exercise jurisdiction in this case will have global implications is not mere rhetoric. Resting on this Court’s decision is not only the necessary role this Court has ¶ historically played in this country. Also at stake are the freedoms that many in emerging democracies around the globe seek to ensure for their peoples.
US constitutional jurisprudence and decisions are modeled by Latin America Mirow 7 (M.C., Asst Prof of Law @ Florida International, "Marbury in Mexico: Judicial Review's Precocious Southern Migration," http://www.hastingsconlawquarterly.org/archives/V35/I1/Mirow.pdf) In an era in which the use of foreign sources by the United States¶ AND provisions and procedures for the¶ protection of constitutional rights in Mexico.23 Independent judiciaries are key to Latin American stability Cooper 8 (James, Institute Professor of Law and an Assistant Dean at California Western School of Law, "COMPETING LEGAL CULTURES AND LEGAL REFORM: THE BATTLE OF CHILE," 29 Mich. J. Int'l L. 501, lexis) The legal transplantation process involves, by its very nature, the adoption of, AND , merely a slot machine for justice that applies the various codes. n85
Latin America instability results in regional conflict escalation and prolif and disease Manwaring ‘5 (Max G., Retired U.S. Army colonel and an Adjunct Professor of International Politics at Dickinson College, October 2005, http://www.strategicstudiesinstitute.army.mil/pdffiles/pub628.pdf) President Chávez also understands that the process leading to state failure is the most dangerous long-term security challenge facing the global community today. The argument in general is that failing and failed state status is the breeding ground for instability, criminality, insurgency, regional conflict, and terrorism. These conditions breed massive humanitarian disasters and major refugee flows. They can host “evil” networks of all kinds, whether they involve criminal business enterprise, narco-trafficking, or some form of ideological crusade such as Bolivarianismo. More specifically, these conditions spawn all kinds of things people in general do not like such as murder, kidnapping, corruption, intimidation, and destruction of infrastructure. These means of coercion and persuasion can spawn further human rights violations, torture, poverty, starvation, disease, the recruitment and use of child soldiers, trafficking in women and body parts, trafficking and proliferation of conventional weapons systems and WMD, genocide, ethnic cleansing, warlordism, and criminal anarchy. At the same time, these actions are usually unconfined and spill over into regional syndromes of poverty, destabilization, and conflict .62 Peru’s Sendero Luminoso calls violent and destructive activities that facilitate the processes of state failure “armed propaganda.” Drug cartels operating throughout the Andean Ridge of South America and elsewhere call these activities “business incentives.” Chávez considers these actions to be steps that must be taken to bring about the political conditions necessary to establish Latin American socialism for the 21st century.63 Thus, in addition to helping to provide wider latitude to further their tactical and operational objectives, state and nonstate actors’ strategic efforts are aimed at progressively lessening a targeted regime’s credibility and capability in terms of its ability and willingness to govern and develop its national territory and society. Chávez’s intent is to focus his primary attack politically and psychologically on selected Latin American governments’ ability and right to govern. In that context, he understands that popular perceptions of corruption, disenfranchisement, poverty, and lack of upward mobility limit the right and the ability of a given regime to conduct the business of the state. Until a given populace generally perceives that its government is dealing with these and other basic issues of political, economic, and social injustice fairly and effectively, instability and the threat of subverting or destroying such a government are real.64 But failing and failed states simply do not go away. Virtually anyone can take advantage of such an unstable situation. The tendency is that the best motivated and best armed organization on the scene will control that instability. As a consequence, failing and failed states become dysfunctional states, rogue states, criminal states, narco-states, or new people’s democracies. In connection with the creation of new people’s democracies, one can rest assured that Chávez and his Bolivarian populist allies will be available to provide money, arms, and leadership at any given opportunity. And, of course, the longer dysfunctional, rogue, criminal, and narco-states and people’s democracies persist, the more they and their associated problems endanger global security, peace, and prosperity.65
Latin American conflict goes global Rochlin 94 (James Francis, Prof. Pol. Sci. @ Okanagan University College, “Discovering the Americas: the evolution of Canadian foreign policy towards Latin America”, p. 130-131) While there were economic motivations for Canadian policy in Central America, security considerations were AND , such as Contadora, as will be discussed in the next chapter. Goes nuclear and deterrence doesn't check Ghoshal 13 (Debalina, Associate Fellow at the Centre for Air Power Studies, India, "South America Goes Nuclear: Now Brazil," 8/20, http://www.gatestoneinstitute.org/3941/nuclear-brazil)
By stating that submarines would be used for defensive roles only, Brazil apparently tries AND of collapsed or ineffective deterrence, easily leads to all-out war.
Now is key for African independent judiciaries – they’re integral to stability Mogoeng 13 (June 25, The Hon. Mogoeng Mogoeng Chief Justice of South Africa, “Transcript: The Rule of Law in South Africa: Measuring Judicial Performance and Meeting Standards” http://www.tradingplaces2night.co.za/wp-content/uploads/2013/07/250613Mogoeng.pdf) Even if all others were to be unable to give practical expression to the rule AND of capacity by African judiciaries and governments to facilitate an investor friendly environment. US judicial independence is crucial to democratic consolidation and stability in Latin America and Africa CJA et al 3 ("Brief of the Center for Justice and Accountability, International League for Human Rights, and Individual Advocates for the Independence of the Judiciary in Emerging Democracies," October, Odah vs. USA and Rasul vs. Bush, http://jenner.com/system/assets/assets/5567/original/AmiciCuriae_Center_for_Justice_Int_League_Human_Rights_Adv_For_Indep_Judiciary2.pdf?1323207521) Many of the newly independent governments that have ¶ proliferated over the past five decades have adopted these ¶ ideals. They have emerged from a variety of less-than-free ¶ contexts, including the end of European colonial rule in the ¶ 1950's and 1960's, the end of the Cold War and the breakup of ¶ the former Soviet Union in the late 1980's and 1990's, the ¶ disintegration of Yugoslavia, and the continuing turmoil in ¶ parts of Africa, Latin America and southern Asia. Some ¶ countries have successfully transitioned to stable and ¶ democratic forms of government that protect individual ¶ freedoms and human rights by means of judicial review by a ¶ strong and independent judiciary. Others have suffered the ¶ rise of tyrannical and oppressive rulers who consolidated their ¶ hold on power in part by diminishing or abolishing the role of ¶ the judiciary. And still others hang in the balance, struggling ¶ against the onslaught of tyrants to establish stable, democratic ¶ governments. ¶ In their attempts to shed their tyrannical pasts and to ensure ¶ the protection of individual rights, emerging democracies have ¶ consistently looked to the United States and its Constitution in ¶ fashioning frameworks that safeguard the independence of ¶ their judiciaries. See Ran Hirschl, The Political Origins of ¶ Judicial Empowerment through Constitutionalization: ¶ Lessons from Four Constitutional Revolutions, 25 Law and Soc. ¶ Inquiry 91, 92 (2000) (stating that of the “many countries . . ¶ . that have engaged in fundamental constitutional reform ¶ over the past three decades,” nearly all adopted “a bill of ¶ rights and established some form of active judicial review”). ¶ Establishing judicial review by a strong and independent ¶ judiciary is a critical step in stabilizing and protecting these ¶ new democracies. See Christopher M. Larkins, Judicial ¶ Independence and Democratization: A Theoretical and ¶ Conceptual Analysis, 44 Am. J. Comp. L. 605, 605-06 (1996) ¶ (describing the judicial branch as having "a uniquely ¶ important role" in transitional countries, not only to "mediate ¶ conflicts between political actors but also to prevent the ¶ arbitrary exercise of government power; see also Daniel C. ¶ Prefontaine and Joanne Lee, The Rule of Law and the ¶ Independence of the Judiciary, International Centre for ¶ Criminal Law Reform and Criminal Justice Policy (1998) ¶ ("There is increasing acknowledgment that an independent ¶ judiciary is the key to upholding the rule of law in a free ¶ society . . . . Most countries in transition from dictatorships ¶ and/or statist economies recognize the need to create a more ¶ stable system of governance, based on the rule of law."), ¶ available at¶ http://www.icclr.law.ubc.ca/Publications/Reports/RuleofLaw.¶ pdf (last visited Jan. 8, 2004). Although the precise form of ¶ government differs among countries, “they ultimately ¶ constitute variations within, not from, the American model of ¶ constitutionalism . . . a specific set of fundamental rights and ¶ liberties has the status of supreme law, is entrenched against ¶ amendment or repeal . . . and is enforced by an independent ¶ court . . . .” Stephen Gardbaum, The New Commonwealth ¶ Model of Constitutionalism, 49 Am. J. Comp. L. 707, 718 ¶ (2001). ¶ This phenomenon became most notable worldwide after ¶ World War II when certain countries, such as Germany, Italy, ¶ and Japan, embraced independent judiciaries following their ¶ bitter experiences under totalitarian regimes. See id. at 714-¶ 15; see also United States v. Then, 56 F.3d 464, 469 (2d Cir. ¶ 1995) (Calabresi, J., concurring) (“Since World War II, many ¶ countries have adopted forms of judicial review, which — ¶ though different from ours in many particulars — ¶ unmistakably draw their origin and inspiration from American ¶ constitutional theory and practice. See generally Mauro ¶ Cappelletti, The Judicial Process in Comparative Perspective¶ (Oxford: Clarendon Press, 1989).”). It is a trend that ¶ continues to this day.¶ It bears mention that the United States has consistently ¶ affirmed and encouraged the establishment of independent ¶ judiciaries in emerging democracies. In September 2000, ¶ President Clinton observed that "without the rule of law, ¶ elections simply offer a choice of dictators. . . . America's ¶ experience should be put to use to advance the rule of law, ¶ where democracy's roots are looking for room and strength to ¶ grow." Remarks at Georgetown University Law School, 36 ¶ Weekly Comp. Pres. Doc. 2218 (September 26, 2000), ¶ available at http://clinton6.nara.gov/2000/09/2000-09-26-¶ remarks-by-president-at-georgetown-international-lawcenter.html. The United States acts on these principles in part ¶ through the assistance it provides to developing nations. For ¶ example, the United States requires that any country seeking ¶ assistance through the Millenium Challenge Account, a ¶ development assistance program instituted in 2002, must ¶ demonstrate, among other criteria, an "adherence to the rule of ¶ law." The White House noted that the rule of law is one of the ¶ "essential conditions for successful development" of these ¶ countries. See ¶ http://www.whitehouse.gov/infocus/developingnations (last ¶ visited Jan. 8, 2004).12 Independent, judicial checks on executive power are key to African rule of law – that’s vital for political and economic stability Mbaku 13 (John Mukum, Presidential Distinguished Professor of Economics, Willard L. Eccles Professor of Economics, and John S. Hinckley Research Fellow at Weber State University, "PROVIDING A FOUNDATION FOR WEALTH CREATION AND DEVELOPMENT IN AFRICA: THE ROLE OF THE RULE OF LAW," 38 Brooklyn J. Int'l L. 959, lexis) These priorities are all interrelated. For example, the failure of African governments to AND provide the environment for peaceful coexistence, wealth creation, and democratic governance. Instability and conflict escalate to great power war Glick 7 (Caroline, Senior Middle East Fellow – Center for Security Policy, “Condi’s African Holiday”, 12-12, http://www.centerforsecuritypolicy.org/home.aspx?sid=56andcategoryid=56andsubcategoryid=90andnewsid=11568) US Secretary of State Condoleezza Rice introduced a new venue for her superficial and destructive AND waters of the Nile River which flows through all countries of the region.
Goes nuclear Lancaster 00 (Carol, Associate Professor and Director of the Master's of Science in Foreign Service Program – Georgetown University, “Redesigning Foreign Aid”, Foreign Affairs, September / October, Lexis)
THE MOST BASIC CHALLENGE facing the United States today is helping to preserve peace. AND weapons of mass destruction, these wars could prove more dangerous than ever.
African stability is vital to the global economy Business Day 13 (January 18, Ivor Ichikowitz, “Stability in Africa now key to world economy” http://www.bdlive.co.za/world/africa/2013/01/18/stability-in-africa-now-key-to-world-economy) A significant change in the way the world’s leaders are starting to see Africa was AND investment in things such as infrastructure, health, education and public transport.
Economic decline causes nuclear war Harris and Burrows, 9 – *counselor in the National Intelligence Council, the principal drafter of Global Trends 2025, member of the NIC’s Long Range Analysis Unit “Revisiting the Future: Geopolitical Effects of the Financial Crisis”, Washington Quarterly, http://www.twq.com/09april/docs/09apr_burrows.pdf)
Increased Potential for Global Conflict Of course, the report encompasses more than economics and AND within and between states in a more dog-eat-dog world.
In the Congo River Basin, conflict has been a recurring nuisance for the development AND ivory and bushmeat, felling of timber and agricultural encroachment often increases.5
Destruction of the Congo River Basin forests ensures planetary extinction Boukongou 5 (Jean Didier, Professor – Central African Catholic University (Cameroon), “The Protection of the Congo basin: A Multilateral Challenge", www.african-geopolitics.org/show.aspx?ArticleId=3836#_ftn1)
This is not a revival of “good savage” ideology which is useful for AND world treasure,” a “world lung” necessary for preserving biologic diversity.
Supreme court action to restrict detention powers, particularly during war time, is ESSENTIAL to protecting and strengthening US judicial independence – judicial passivity only encourages attacks on the courts Reinhardt 6 (Stephen, Judge, U.S. Court of Appeals for the Ninth Circuit, "The Judicial Role in National Security," http://www.bu.edu/law/central/jd/organizations/journals/bulr/volume86n5/documents/REINHARDTv.2.pdf)
The role of judges during times of war – whether it be a traditional war AND to turn ¶ into a routine licensing of unbridled and unsupervised governmental power.
In January 2012, New York Times Pulitzer Prize winning reporter Christopher Hedges filed a AND and objective fear of detention , and should be affirmed” as Unconstitutional.
10/11/13
1ac Round 4 Liberty
Tournament: JMU | Round: 4 | Opponent: Liberty CE | Judge: Striker Plan The United States federal judiciary should affirm that the president of the United States lacks the authority to detain prisoners indefinitely. Torture Judicial Review is key to preventing torture Amnesty International USA, Guantanamo, and Beyond: The Continuing Pursuit of Unchecked Executive Power, May 13, 2005, http://web.amnesty.org/library/Index/ENGAMR510632005
Judicial review of the lawfulness of detentions is a fundamental safeguard against arbitrary detention, AND of "necessity" or "self-defence" (see below). Torture is a deontological evil that must be rejected Oren Gross, Professor, Law, University of Minnesota, MINNESOTA LAW REVIEW, June 2004, p. 1492-1493.
Absolutists - those who believe that an unconditional ban on torture ought to apply without AND as a trump or side constraint on welfare maximization in all possible cases." Indefinite detention negates the legal identify of human beings Schatz and Horst 7 (Christopher and Noah, Assistant Federal Public Defender in the Federal Public Defender’s Office for the District of Oregon + a Law Clerk in the Federal Public Defender’s Office for the District of Oregon, "WILL JUSTICE DELAYED BE JUSTICE DENIED? CRISIS JURISPRUDENCE, THE GUANTÁNAMO DETAINEES, AND THE IMPERILED ROLE OF HABEAS CORPUS IN CURBING ABUSIVE GOVERNMENT DETENTION," http://law.lclark.edu/law_reviews/lewis_and_clark_law_review/past_issues/volume_11/number_3.php)
In June of 2007, the Supreme Court abruptly reversed its earlier decision and granted AND corpus to its intended function in the Constitutional scheme established by the Founders.
Indefinite detention negates the legal identity of human beings – reduces them to bare life, replicates the logic of Nazi extermination camps Schatz and Horst 7 (Christopher and Noah, Assistant Federal Public Defender in the Federal Public Defender’s Office for the District of Oregon + a Law Clerk in the Federal Public Defender’s Office for the District of Oregon, "WILL JUSTICE DELAYED BE JUSTICE DENIED? CRISIS JURISPRUDENCE, THE GUANTÁNAMO DETAINEES, AND THE IMPERILED ROLE OF HABEAS CORPUS IN CURBING ABUSIVE GOVERNMENT DETENTION," http://law.lclark.edu/live/files/9557-lcb113art1schatzpdf)
Beginning in 2002, as a result of military and intelligence activities ¶ conducted in AND legal status of the Guantánamo Bay detainees is that of “concentration camp.”
Independent Judiciary Advantage
Judicial Independence Now is the key time for judicial independence movements globally Radio Free Europe 7/25/13 (Interview with US Supreme Court Justice Elena Kagan, "U.S. Supreme Court Justice Elena Kagan: 'There Are Always Bumps In The Road'," http://www.rferl.org/content/us-supreme-court-justice-elena-kagan-interview/25056808.html) The nine judges of the United States Supreme Court have no armies, no police AND account, not to accede to everything that the powers that be want. Current deference to the executive over detention policy has downed judicial independence McCormack 8/20/13 (Wayne, E. W. Thode Professor of Law at the University of Utah S.J. Quinney College of Law, "U.S. Judicial Independence: Victim in the “War on Terror”," https://today.law.utah.edu/projects/u-s-judicial-independence-victim-in-the-war-on-terror/) One of the principal victims in the U.S. so-called “ AND responsibility for abuses by government of which the judiciary is a part. ¶
US judicial independence is a key model – detention policy is used to justify abuses globally CJA et al 3 ("Brief of the Center for Justice and Accountability, International League for Human Rights, and Individual Advocates for the Independence of the Judiciary in Emerging Democracies," October, Odah vs. USA and Rasul vs. Bush, http://jenner.com/system/assets/assets/5567/original/AmiciCuriae_Center_for_Justice_Int_League_Human_Rights_Adv_For_Indep_Judiciary2.pdf?1323207521) Other Nations Have Curtailed Judicial Review During Times Of Crisis, Often Citing the United States' Example, And Individual Freedoms Have Diminished As A Result. While much of the world is moving to adopt the institutions necessary to secure individual rights, many still regularly abuse these rights. One of the hallmarks of tyranny is the lack of a strong and independent judiciary. Not surprisingly, where countries make the sad transition to tyranny, one of the first victims is the judiciary. Many of the rulers that go down that road justify their actions on the basis of national security and the fight against terrorism, and, disturbingly, many claim to be modeling their actions on the United States. Again, a few examples illustrate this trend. In Peru, one of former President Alberto Fujimori’s first acts in seizing control was to assume direct executive control of the judiciary, claiming that it was justified by the threat of domestic terrorism. He then imprisoned thousands, refusing the right of the judiciary to intervene. International Commission of Jurists, Attacks on Justice 2000-Peru, August 13, 2001, available at http://www.icj.org/news.php3?id_article=2587andlang=en (last visited Jan. 8, 2004). In Zimbabwe, President Mugabe’s rise to dictatorship has been punctuated by threats of violence to and the co-opting of the judiciary. He now enjoys virtually total control over Zimbabweans' individual rights and the entire political system. R.W. Johnson, Mugabe’s Agents in Plot to Kill Opposition Chief, Sunday Times (London), June 10, 2001; International Commission of Jurists, Attacks on Justice 2002— Zimbabwe, August 27, 2002, available at http://www.icj.org/news.php3?id_article=2695andlang=en (last visited Jan. 8, 2004). While Peru and Zimbabwe represent an extreme, the independence of the judiciary is under assault in less brazen ways in a variety of countries today. A highly troubling aspect of this trend is the fact that in many of these instances those perpetuating the assaults on the judiciary have pointed to the United States’ model to justify their actions. Indeed, many have specifically referenced the United States’ actions in detaining persons in Guantánamo Bay. For example, Rais Yatim, Malaysia's "de facto law minister" explicitly relied on the detentions at Guantánamo to justify Malaysia's detention of more than 70 suspected Islamic militants for over two years. Rais stated that Malyasia's detentions were "just like the process in Guantánamo," adding, "I put the equation with Guantánamo just to make it graphic to you that this is not simply a Malaysian style of doing things." Sean Yoong, "Malaysia Slams Criticism of Security Law Allowing Detention Without Trial," Associated Press, September 9, 2003 (available from Westlaw at 9/9/03 APWIRES 09:34:00). Similarly, when responding to a United States Government human rights report that listed rights violations in Namibia, Namibia's Information Permanent Secretary Mocks Shivute cited the Guantánamo Bay detentions, claiming that "the US government was the worst human rights violator in the world." BBC Monitoring, March 8, 2002, available at 2002 WL 15938703. Nor is this disturbing trend limited to these specific examples. At a recent conference held at the Carter Center in Atlanta, President Carter, specifically citing the Guantánamo Bay detentions, noted that the erosion of civil liberties in the United States has "given a blank check to nations who are inclined to violate human rights already." Doug Gross, "Carter: U.S. human rights missteps embolden foreign dictators," Associated Press Newswires, November 12, 2003 (available from Westlaw at 11/12/03 APWIRES 00:30:26). At the same conference, Professor Saad Ibrahim of the American University in Cairo (who was jailed for seven years after exposing fraud in the Egyptian election process) said, "Every dictator in the world is using what the United States has done under the Patriot Act . . . to justify their past violations of human rights and to declare a license to continue to violate human rights." Id. Likewise, Shehu Sani, president of the Kaduna, Nigeriabased Civil Rights Congress, wrote in the International Herald Tribune on September 15, 2003 that "the insistence by the Bush administration on keeping Taliban and Al Quaeda captives in indefinite detention in Guantánamo Bay, Cuba, instead of in jails in the United States — and the White House's preference for military tribunals over regular courts — helps create a free license for tyranny in Africa. It helps justify Egypt's move to detain human rights campaigners as threats to national security, and does the same for similar measures by the governments of Ivory Coast, Cameroon and Burkina Faso." Available at http://www.iht.com/ihtsearch.php?id=109927andowner=(IHT)anddat e=20030121123259. In our uni-polar world, the United States obviously sets an important example on these issues. As reflected in the foundational documents of the United Nations and many other such agreements, the international community has consistently affirmed the value of an independent judiciary to the defense of universally recognized human rights. In the crucible of actual practice within nations, many have looked to the United States model when developing independent judiciaries with the ability to check executive power in the defense of individual rights. Yet others have justified abuses by reference to the conduct of the United States. Far more influential than the words of Montesquieu and Madison are the actions of the United States. This case starkly presents the question of which model this Court will set for the world. This case starkly presents the question of which model this Court will set for the world. CONCLUSION Much of the world models itself after this country’s two hundred year old traditions — and still more on its day to day implementation and expression of those traditions. To say that a refusal to exercise jurisdiction in this case will have global implications is not mere rhetoric. Resting on this Court’s decision is not only the necessary role this Court has ¶ historically played in this country. Also at stake are the freedoms that many in emerging democracies around the globe seek to ensure for their peoples.
US constitutional jurisprudence and decisions are modeled by Latin America Mirow 7 (M.C., Asst Prof of Law @ Florida International, "Marbury in Mexico: Judicial Review's Precocious Southern Migration," http://www.hastingsconlawquarterly.org/archives/V35/I1/Mirow.pdf) In an era in which the use of foreign sources by the United States¶ AND provisions and procedures for the¶ protection of constitutional rights in Mexico.23 Independent judiciaries are key to Latin American stability Cooper 8 (James, Institute Professor of Law and an Assistant Dean at California Western School of Law, "COMPETING LEGAL CULTURES AND LEGAL REFORM: THE BATTLE OF CHILE," 29 Mich. J. Int'l L. 501, lexis) The legal transplantation process involves, by its very nature, the adoption of, AND , merely a slot machine for justice that applies the various codes. n85
Latin America instability results in regional conflict escalation and prolif and disease Manwaring ‘5 (Max G., Retired U.S. Army colonel and an Adjunct Professor of International Politics at Dickinson College, October 2005, http://www.strategicstudiesinstitute.army.mil/pdffiles/pub628.pdf) President Chávez also understands that the process leading to state failure is the most dangerous long-term security challenge facing the global community today. The argument in general is that failing and failed state status is the breeding ground for instability, criminality, insurgency, regional conflict, and terrorism. These conditions breed massive humanitarian disasters and major refugee flows. They can host “evil” networks of all kinds, whether they involve criminal business enterprise, narco-trafficking, or some form of ideological crusade such as Bolivarianismo. More specifically, these conditions spawn all kinds of things people in general do not like such as murder, kidnapping, corruption, intimidation, and destruction of infrastructure. These means of coercion and persuasion can spawn further human rights violations, torture, poverty, starvation, disease, the recruitment and use of child soldiers, trafficking in women and body parts, trafficking and proliferation of conventional weapons systems and WMD, genocide, ethnic cleansing, warlordism, and criminal anarchy. At the same time, these actions are usually unconfined and spill over into regional syndromes of poverty, destabilization, and conflict .62 Peru’s Sendero Luminoso calls violent and destructive activities that facilitate the processes of state failure “armed propaganda.” Drug cartels operating throughout the Andean Ridge of South America and elsewhere call these activities “business incentives.” Chávez considers these actions to be steps that must be taken to bring about the political conditions necessary to establish Latin American socialism for the 21st century.63 Thus, in addition to helping to provide wider latitude to further their tactical and operational objectives, state and nonstate actors’ strategic efforts are aimed at progressively lessening a targeted regime’s credibility and capability in terms of its ability and willingness to govern and develop its national territory and society. Chávez’s intent is to focus his primary attack politically and psychologically on selected Latin American governments’ ability and right to govern. In that context, he understands that popular perceptions of corruption, disenfranchisement, poverty, and lack of upward mobility limit the right and the ability of a given regime to conduct the business of the state. Until a given populace generally perceives that its government is dealing with these and other basic issues of political, economic, and social injustice fairly and effectively, instability and the threat of subverting or destroying such a government are real.64 But failing and failed states simply do not go away. Virtually anyone can take advantage of such an unstable situation. The tendency is that the best motivated and best armed organization on the scene will control that instability. As a consequence, failing and failed states become dysfunctional states, rogue states, criminal states, narco-states, or new people’s democracies. In connection with the creation of new people’s democracies, one can rest assured that Chávez and his Bolivarian populist allies will be available to provide money, arms, and leadership at any given opportunity. And, of course, the longer dysfunctional, rogue, criminal, and narco-states and people’s democracies persist, the more they and their associated problems endanger global security, peace, and prosperity.65
Latin American conflict goes global Rochlin 94 (James Francis, Prof. Pol. Sci. @ Okanagan University College, “Discovering the Americas: the evolution of Canadian foreign policy towards Latin America”, p. 130-131) While there were economic motivations for Canadian policy in Central America, security considerations were AND , such as Contadora, as will be discussed in the next chapter. Goes nuclear and deterrence doesn't check Ghoshal 13 (Debalina, Associate Fellow at the Centre for Air Power Studies, India, "South America Goes Nuclear: Now Brazil," 8/20, http://www.gatestoneinstitute.org/3941/nuclear-brazil)
By stating that submarines would be used for defensive roles only, Brazil apparently tries AND of collapsed or ineffective deterrence, easily leads to all-out war.
Disease pandemics cause extinction Keating 9 (Joshua – Foreign Policy web editor , "The End of the World," Foreign Policy, 11-13-9, www.foreignpolicy.com/articles/2009/11/13/the_end_of_the_world?page=full) How it could happen: Throughout history, plagues have brought civilizations to their knees AND . Biological weapons experimentation has added a new and just as troubling complication. Now is key for African independent judiciaries – they’re integral to stability Mogoeng 13 (June 25, The Hon. Mogoeng Mogoeng Chief Justice of South Africa, “Transcript: The Rule of Law in South Africa: Measuring Judicial Performance and Meeting Standards” http://www.tradingplaces2night.co.za/wp-content/uploads/2013/07/250613Mogoeng.pdf) Even if all others were to be unable to give practical expression to the rule AND of capacity by African judiciaries and governments to facilitate an investor friendly environment. US judicial independence is crucial to democratic consolidation and stability in Latin America and Africa CJA et al 3 ("Brief of the Center for Justice and Accountability, International League for Human Rights, and Individual Advocates for the Independence of the Judiciary in Emerging Democracies," October, Odah vs. USA and Rasul vs. Bush, http://jenner.com/system/assets/assets/5567/original/AmiciCuriae_Center_for_Justice_Int_League_Human_Rights_Adv_For_Indep_Judiciary2.pdf?1323207521) Many of the newly independent governments that have ¶ proliferated over the past five decades have adopted these ¶ ideals. They have emerged from a variety of less-than-free ¶ contexts, including the end of European colonial rule in the ¶ 1950's and 1960's, the end of the Cold War and the breakup of ¶ the former Soviet Union in the late 1980's and 1990's, the ¶ disintegration of Yugoslavia, and the continuing turmoil in ¶ parts of Africa, Latin America and southern Asia. Some ¶ countries have successfully transitioned to stable and ¶ democratic forms of government that protect individual ¶ freedoms and human rights by means of judicial review by a ¶ strong and independent judiciary. Others have suffered the ¶ rise of tyrannical and oppressive rulers who consolidated their ¶ hold on power in part by diminishing or abolishing the role of ¶ the judiciary. And still others hang in the balance, struggling ¶ against the onslaught of tyrants to establish stable, democratic ¶ governments. ¶ In their attempts to shed their tyrannical pasts and to ensure ¶ the protection of individual rights, emerging democracies have ¶ consistently looked to the United States and its Constitution in ¶ fashioning frameworks that safeguard the independence of ¶ their judiciaries. See Ran Hirschl, The Political Origins of ¶ Judicial Empowerment through Constitutionalization: ¶ Lessons from Four Constitutional Revolutions, 25 Law and Soc. ¶ Inquiry 91, 92 (2000) (stating that of the “many countries . . ¶ . that have engaged in fundamental constitutional reform ¶ over the past three decades,” nearly all adopted “a bill of ¶ rights and established some form of active judicial review”). ¶ Establishing judicial review by a strong and independent ¶ judiciary is a critical step in stabilizing and protecting these ¶ new democracies. See Christopher M. Larkins, Judicial ¶ Independence and Democratization: A Theoretical and ¶ Conceptual Analysis, 44 Am. J. Comp. L. 605, 605-06 (1996) ¶ (describing the judicial branch as having "a uniquely ¶ important role" in transitional countries, not only to "mediate ¶ conflicts between political actors but also to prevent the ¶ arbitrary exercise of government power; see also Daniel C. ¶ Prefontaine and Joanne Lee, The Rule of Law and the ¶ Independence of the Judiciary, International Centre for ¶ Criminal Law Reform and Criminal Justice Policy (1998) ¶ ("There is increasing acknowledgment that an independent ¶ judiciary is the key to upholding the rule of law in a free ¶ society . . . . Most countries in transition from dictatorships ¶ and/or statist economies recognize the need to create a more ¶ stable system of governance, based on the rule of law."), ¶ available at¶ http://www.icclr.law.ubc.ca/Publications/Reports/RuleofLaw.¶ pdf (last visited Jan. 8, 2004). Although the precise form of ¶ government differs among countries, “they ultimately ¶ constitute variations within, not from, the American model of ¶ constitutionalism . . . a specific set of fundamental rights and ¶ liberties has the status of supreme law, is entrenched against ¶ amendment or repeal . . . and is enforced by an independent ¶ court . . . .” Stephen Gardbaum, The New Commonwealth ¶ Model of Constitutionalism, 49 Am. J. Comp. L. 707, 718 ¶ (2001). ¶ This phenomenon became most notable worldwide after ¶ World War II when certain countries, such as Germany, Italy, ¶ and Japan, embraced independent judiciaries following their ¶ bitter experiences under totalitarian regimes. See id. at 714-¶ 15; see also United States v. Then, 56 F.3d 464, 469 (2d Cir. ¶ 1995) (Calabresi, J., concurring) (“Since World War II, many ¶ countries have adopted forms of judicial review, which — ¶ though different from ours in many particulars — ¶ unmistakably draw their origin and inspiration from American ¶ constitutional theory and practice. See generally Mauro ¶ Cappelletti, The Judicial Process in Comparative Perspective¶ (Oxford: Clarendon Press, 1989).”). It is a trend that ¶ continues to this day.¶ It bears mention that the United States has consistently ¶ affirmed and encouraged the establishment of independent ¶ judiciaries in emerging democracies. In September 2000, ¶ President Clinton observed that "without the rule of law, ¶ elections simply offer a choice of dictators. . . . America's ¶ experience should be put to use to advance the rule of law, ¶ where democracy's roots are looking for room and strength to ¶ grow." Remarks at Georgetown University Law School, 36 ¶ Weekly Comp. Pres. Doc. 2218 (September 26, 2000), ¶ available at http://clinton6.nara.gov/2000/09/2000-09-26-¶ remarks-by-president-at-georgetown-international-lawcenter.html. The United States acts on these principles in part ¶ through the assistance it provides to developing nations. For ¶ example, the United States requires that any country seeking ¶ assistance through the Millenium Challenge Account, a ¶ development assistance program instituted in 2002, must ¶ demonstrate, among other criteria, an "adherence to the rule of ¶ law." The White House noted that the rule of law is one of the ¶ "essential conditions for successful development" of these ¶ countries. See ¶ http://www.whitehouse.gov/infocus/developingnations (last ¶ visited Jan. 8, 2004).12 Independent, judicial checks on executive power are key to African rule of law – that’s vital for political and economic stability Mbaku 13 (John Mukum, Presidential Distinguished Professor of Economics, Willard L. Eccles Professor of Economics, and John S. Hinckley Research Fellow at Weber State University, "PROVIDING A FOUNDATION FOR WEALTH CREATION AND DEVELOPMENT IN AFRICA: THE ROLE OF THE RULE OF LAW," 38 Brooklyn J. Int'l L. 959, lexis) These priorities are all interrelated. For example, the failure of African governments to AND provide the environment for peaceful coexistence, wealth creation, and democratic governance. Instability and conflict escalate to great power war Glick 7 (Caroline, Senior Middle East Fellow – Center for Security Policy, “Condi’s African Holiday”, 12-12, http://www.centerforsecuritypolicy.org/home.aspx?sid=56andcategoryid=56andsubcategoryid=90andnewsid=11568) US Secretary of State Condoleezza Rice introduced a new venue for her superficial and destructive AND waters of the Nile River which flows through all countries of the region.
Goes nuclear Lancaster 00 (Carol, Associate Professor and Director of the Master's of Science in Foreign Service Program – Georgetown University, “Redesigning Foreign Aid”, Foreign Affairs, September / October, Lexis)
THE MOST BASIC CHALLENGE facing the United States today is helping to preserve peace. AND weapons of mass destruction, these wars could prove more dangerous than ever.
African stability is vital to the global economy Business Day 13 (January 18, Ivor Ichikowitz, “Stability in Africa now key to world economy” http://www.bdlive.co.za/world/africa/2013/01/18/stability-in-africa-now-key-to-world-economy) A significant change in the way the world’s leaders are starting to see Africa was AND investment in things such as infrastructure, health, education and public transport.
Economic decline causes nuclear war Harris and Burrows, 9 – *counselor in the National Intelligence Council, the principal drafter of Global Trends 2025, member of the NIC’s Long Range Analysis Unit “Revisiting the Future: Geopolitical Effects of the Financial Crisis”, Washington Quarterly, http://www.twq.com/09april/docs/09apr_burrows.pdf)
Increased Potential for Global Conflict Of course, the report encompasses more than economics and AND within and between states in a more dog-eat-dog world.
In the Congo River Basin, conflict has been a recurring nuisance for the development AND ivory and bushmeat, felling of timber and agricultural encroachment often increases.5
Destruction of the Congo River Basin forests ensures planetary extinction Boukongou 5 (Jean Didier, Professor – Central African Catholic University (Cameroon), “The Protection of the Congo basin: A Multilateral Challenge", www.african-geopolitics.org/show.aspx?ArticleId=3836#_ftn1)
This is not a revival of “good savage” ideology which is useful for AND world treasure,” a “world lung” necessary for preserving biologic diversity.
Extinction Dusky 8 (Lorraine, Contributing Editor – YI and Award-Winning Environmental Writer, “Champion of a Forest Sanctuary: Sally Jewell Coxe”, Yoga International, May / June, http://www.himalayaninstitute.org/yi/Article.aspx?i d=2834) Coxe is founder and president of the Bonobo Conservation Initiative (BCI), dedicated to AND all of us. The very air the world breathes depends on it.
Supreme court action to restrict detention powers, particularly during war time, is ESSENTIAL to protecting and strengthening US judicial independence – judicial passivity only encourages attacks on the courts Reinhardt 6 (Stephen, Judge, U.S. Court of Appeals for the Ninth Circuit, "The Judicial Role in National Security," http://www.bu.edu/law/central/jd/organizations/journals/bulr/volume86n5/documents/REINHARDTv.2.pdf)
The role of judges during times of war – whether it be a traditional war AND to turn ¶ into a routine licensing of unbridled and unsupervised governmental power.
In January 2012, New York Times Pulitzer Prize winning reporter Christopher Hedges filed a AND and objective fear of detention , and should be affirmed” as Unconstitutional.
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Tournament: Georgia State | Round: 2 | Opponent: Louisville LR | Judge: Meiches Case proper More evidence – we resolve the kritik because we catalyze a bottom up and public reevaluation of political violence Butler, 2009 (Judith, original genius, “Frames of War,” Verso, 9-11) A certain leakage or contamination makes this process more fallible than it might at first AND that will support and impel calls for justice and an end to violence. The first step is acceptance - their posing of a privileged knowledge cannot come to terms with human finitude. We need philosophical acceptance to move beyond the tragedy of the affirmative Critchley, 2012 Simon, professor at the New School, Infinitely Demanding, Verso 1 Philosophy does not begin in an experience of wonder, as ancient tradition contends, AND , our finiteness, and this failure is a cause of much tragedy. Their engagement with the political destroys the world to create a new one – worst violence Critchley, 2012 Simon, professor at the New School, Infinitely Demanding, Verso 5 The active nihilist also finds everything meaningless, but instead of sitting back and contemplating AND the USA, without forgetting the sweet naivety of the Symbionese Liberation Army. Coalitions Kritik inadequate – doesn’t address complex reality Cuomo, 2003 Chris, Director of Woman Studies at the University of Georgia, “The Philosopher Queen, Feminist Essays on War, Love and Knowledge,” 48-50 Discourses of complexity are powerful antidotes to views that reduce all truths to linear equations AND despite the scholastic difficulties of adequately capturing such analyses in equations of words. And the totalizing nature of their kritik murders our subjectivity – is the sovereign violence we kritik Cohen 2006 Richard A., “Levinas: Thinking Least about Death: Contra Heidegger,” International Journal for Philosophy of Religion, Vol. 60, No. 1/3, Dec., 2006, 33-4, Accessed via Jstor 6 The grim reaper It is at this point that our attention must be drawn AND Heidegger which left ethics and other persons behind as merely ontic or inauthentic.
9/21/13
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Tournament: GSU | Round: 5 | Opponent: Indiana MP | Judge: Davis Case proper Thayer is part of the military-strategic studies complex Morrissey 2011 (John, Director of the MA in Environment, Society and Development at NUI Galway and Acting Head of Geography, PhD (University of Exeter), "Architects of Empire: The Military–Strategic Studies Complex and the Scripting of US National Security," Antipode, Vol 43, No. 2) Bradley Thayer is the senior analyst in international and national security at the National Institute AND be read as an adjunct of the ascendant Pentagon of the Bush administration. Realists agree Heg will inevitably decline- shifts in power are inevitable Snyder PhD, Professor of Public Policy at the University of Maryland 10 – Quddus Z. Snyder, “Systermic theory in an era of declining US hegemony,” http://www.bsos.umd.edu/gvpt/irworkshop/papers_fall09/snyder.pdf
Crucial to hegemonic stability theory is that the hegemon actually does things, or provides AND eventual decline.”26 Virtually no realist believes that hegemony can persist indefinitely.
Heg causes terrorism – US presence in the Middle East and 9/11 proves Layne 9 (Christopher, Associate Professor in the Bush School of Government and Public Service at Texas AandM University and Research Fellow with the Center on Peace and Liberty at The Independent Institute, literary and national editor of the Atlantic, Review of International Studies (2009), 5/25/9, “America’s Middle East grand strategy after Iraq: the moment for offshore balancing has arrived”, Cambridge Journals) Terrorist organisations like Al-Qaeda are non-state actors, and as such AND . Instead of solving this problem, staying in Iraq will exacerbate it. Maintaining primacy guarantees war to attempt to maintain order – it’s in the job description. Layne 7 Christopher Layne, Associate Professor in the Bush School of Government and Public Service at Texas AandM University and Research Fellow with the Center on Peace and Liberty at The Independent Institute, 2007 "The Case Against the American Empire," American Empire: A Debate, Published by Routledge, ISBN 0415952034, p. 73-74 In this chapter, I argue that primacy and empire is a strategy that will AND and possibly North Korea and Syria) and—more importantly—China. That results in endless conflicts and guarantees a violent collapse in the future. Eland 2 Ivan Eland, Director of Defense Policy Studies at the Cato Institute, 2002 “The Empire Strikes Out: The "New Imperialism" and Its Fatal Flaws,” Cato Institute Policy Analysis no. 459, November 26, Available Online at http://www.cato.org/pubs/pas/pa459.pdf, Accessed 04-25-2007 Because the strategy of empire equates national security with maintaining what some people have called AND strength to England, India served only to weaken and distract her." 67 tix No pol cap and agenda dead Pitzke 9/18/13 (Marc, SPIEGEL Online International, "America's Deadly Weapons Obsession," lexis) Once again, Washington looks away. Obama has gambled away his political capital anyway AND And yet another, equally senseless debt drama is hovering on the periphery.
Asked to explain how the debt ceiling will get resolved, House Republican aides say AND the debt ceiling. And I don’t see any path there right now.” Econ resilient, US isn’t key, and impact empirically denied Lamy ’11(Pascal Lamy is the Director-General of the World Trade Organization. Lamy is Honorary President of Paris-based think tank Notre Europe. Lamy graduated from the prestigious Sciences Po Paris, from HEC and ÉNA, graduating second in his year of those specializing in economics. “System Upgrade” BY PASCAL LAMY | APRIL 18, 2011)
The bigger test came with the 2008-2009 Great Recession, the first truly AND enabling these countries to lift hundreds of millions of people out of poverty. XO Deference bad -- security k-ish stuff Gross 3 -- Associate Professor, University of Minnesota Law School (Oren, 2/13/2003, "Chaos and Rules: Should Responses to Violent Crises Always Be Constitutional?" http://www.yalelawjournal.org/pdf/112-5/GrossFINAL.pdf) There exists a tension of “tragic dimensions” between democratic values and responses to AND of power and force is legitimated as a means for settling disputes. 75
WOT Disad Terrorism discourse privileges national security, intervention, and causes serial policy failure Bartolucci 12 -- research fellow and lecturer in the politics of terrorism at Bradford University (Valentina, 12/15/12, "Terrorism rhetoric under the Bush Administration: Discourses and effects," Journal of Language and Politics 11(4), EBSCO) This article has attempted to provide the reader with a first glimpse of some of AND to carefully assess if the benefits of adopting it surpass the negative effects. Turns pakistan Boyle 2013 Michael J., Assistant professor of political science at La Salle University, “The costs and consequences of drone warfare,” International Affairs 89: 1 (2013) pg. 14, ableist edited The escalation of drone strikes in Pakistan to its current tempo—one every few AND , which has launched coups before, remains a popular force.77
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Tournament: GSU | Round: 7 | Opponent: Georgetown ErMic | Judge: Robish Case Intelligence officials cooked their data Boyle 2013 Michael J., Assistant professor of political science at La Salle University, “The costs and consequences of drone warfare,” International Affairs 89: 1 (2013) 1–29 The wide variation in the estimates of ‘militants’ and ‘civilians’ killed across these AND TBIJ) suggest that the tallies of civilian deaths are much higher.33 Turns terror Boyle 2013 Michael J., Assistant professor of political science at La Salle University, “The costs and consequences of drone warfare,” International Affairs 89: 1 (2013) pg. 14, ableist edited The escalation of drone strikes in Pakistan to its current tempo—one every few AND drone attacks than it was during the Bush administration.81 Terrorism discourse privileges national security, intervention, and causes serial policy failure Bartolucci 12 -- research fellow and lecturer in the politics of terrorism at Bradford University (Valentina, 12/15/12, "Terrorism rhetoric under the Bush Administration: Discourses and effects," Journal of Language and Politics 11(4), EBSCO) This article has attempted to provide the reader with a first glimpse of some of AND to carefully assess if the benefits of adopting it surpass the negative effects.
tix No pol cap and agenda dead Pitzke 9/18/13 (Marc, SPIEGEL Online International, "America's Deadly Weapons Obsession," lexis) Once again, Washington looks away. Obama has gambled away his political capital anyway AND And yet another, equally senseless debt drama is hovering on the periphery. No impact to shutdown - essential services still funded and empirically proven von Spakovsky 13 (Hans, Senior Legal Fellow @ Heritage, "What Happens During a Government Shutdown?" http://www.heritage.org/research/reports/2013/09/what-happens-during-a-government-shutdown) If President Barack Obama “shuts down” the government by vetoing a continuing resolution AND are constantly squandered and wasted on frivolous, unnecessary, and unneeded programs. McConnell, not Obama, vet to averting shutdown - historically he's the key dealmaker Corn 9/19/13 (David, Mother Jones, "Can Obama Get a Budget Deal If McConnell Is MIA?," http://www.motherjones.com/politics/2013/09/mcconnell-obama-looming-spending-battle) Washington's version of Groundhog Day is approaching. In the coming days and weeks, AND nowadays, McConnell may be unable to reprise his show-saving role.
xo CP Deference bad -- security k-ish stuff Gross 3 -- Associate Professor, University of Minnesota Law School (Oren, 2/13/2003, "Chaos and Rules: Should Responses to Violent Crises Always Be Constitutional?" http://www.yalelawjournal.org/pdf/112-5/GrossFINAL.pdf) There exists a tension of “tragic dimensions” between democratic values and responses to AND of power and force is legitimated as a means for settling disputes. 75 XO’s are misconstrued – military avoids change Hilbert 12 (Sarah – J.D. Candidate, William and Mary Law School, “A Legislative Solution to Environmental Protection in Military Action Overseas”, 2012, 37 Wm. and Mary Envtl. L. and Pol'y Rev. 263, lexis) IV. Call to Action Judicial action through liability for the government and government contractors AND procedures and standards, and will effectuate the change our country needs. n182
Legalism Means turns the link - balance of power is political praxis that is committed in reference to and gains meaning from the law – legislative subordination of the executive poses a revolutionary and democratic act that is an approximation of an impossible ideal Lauritsen 2010 Holger Ross Aarhus University “Democracy and the Separation of Powers: A Rancièrean Approach,” Distinktion: Scandinavian Journal of Social Theory, found via ebscohost, 12-13 The purpose of displaying this contradiction is not to dismiss Rousseau’s political philosophy. Rather AND could be called ‘revolutionary’ or perhaps better ‘democratic’. The Alt doesn’t solve – prefer the perm. Only pressure to maintain the rule of law can overcome the shortcomings of political strategies. David COLE Law @ Georgetown ’12 “The Politics of the Rule of Law: The Role of Civil Society in the Surprising Resilience of Human Rights in the Decade after 9/11” http://www.law.uchicago.edu/files/files/Cole201.12.12.pdf p. 51-53 As I have shown above, while political forces played a significant role in checking AND but on a vibrant civil society dedicated to reinforcing and defending constitutional values.
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Tournament: JMU | Round: 4 | Opponent: Liberty CE | Judge: Striker Case solves the K- we reduce indefinite detention and end Obama’s alignment with detention Perm do both Only the perm solves – theory must be combined with pratical political action. Failure to engage undermines social progress and allows conservatives to win out. Wing 2003 (Adrien Katherine Wing, Bessie Dutton Murray Distinguished Professor of Law at the University of Iowa College of Law, Louisiana Law Review, Spring, 2003, 63 La. L. Rev. 717) Another tenet that Critical Race Theorists espouse involves the necessity to engage in praxis, AND is socially constructed, but it doesn't help hail a cab at night." State institutions inevitable – our education is valuable teaches us to direct that opposition to those levers of power Lawrence Grossburg, University of Illinois, We Gotta Get Outta This Place, 1992, p. 391-393 The Left needs institutions which can operate within the systems of governance, understanding that AND and oppositional agency. It strives to organize minorities into a new majority.
It’s a link of omission- as long as the aff is better than squo still vote aff , right now, the state authority is acting as the “protector” while indefinitely detaining prisoners, plan changes that and reduces the torture that the state is inflicting. No root causes AND our impacts turn the K – no risk of a turn Goldstein 03 (Joshua, Prof of Int'l Relations @ American University, War and Gender: How Gender Shapes the War System and Vice Versa, p. 412)
First, peace activists face a dilemma in thinking about causes of war and working AND on injustice as the main cause of war seems to be empirically inadequate. Root causes don’t exist – MUST focus first on proximate causes Thompson 3 (William, Professor of Political Science and Director of the Center for the Study of International Relations at Indiana University,“A Streetcar Named Sarajevo: Catalysts, Multiple Causation Chains, and Rivalry Structures,” International Studies Quarterly, 47(3))
Richard Ned Lebow (2000–2001) has recently invoked what might be called AND theoretical role of contingencies via the development of ‘‘what if ’’ scenarios.
We don’t need a revolution, we need a blueprint for political change McWhorter 8-PhD in Linguistics @ Stanford University, Associate Professor of Linguistics @ UC-Berkeley, lecturer @ Columbia University, M.A. in American Studies @ NYU, Fellow @ the Manhattan Institute for Policy Research, Contributing Editor @ the Manhattan Institutes City Journal, author of several books on Hip Hop in American Culture John, All About the Beat, June 2008, Pg. 130-133 A question that must be asked is also just what a black revolution would even AND persistent that prob¬lem has been despite profound changes on so many other fronts. Violence and genocide is the inevitable result of alt Horowitz 89—David, author and civil rights activist, founder of the New Left in the 1960s and editor of its largest magazine, Rampart, and Peter Colier, journalist, "Destructive Generation", pp 265-270 The manufacture of innocence out of guilt: it is the eternal work of the AND It is this bleak landscape that the totalitarian poetry is meant to beautify. Preventing death is the first ethical priority – it’s the only impact you can’t recover from. Bauman 95 Zygmunt Bauman, University of Leeds Professor Emeritus of Sociology, 1995, Life In Fragments: Essays In Postmodern Morality, p. 66-71 The being for is like living towards the future: a being AND acting morally, and sometimes even of being good, in the present. Alt fails – reverses the error and can’t build transformational theory Caprioli 4 (Mary, Professor of Political Science – University of Tennessee, “Feminist IR Theory and Quantitative Methodology: A Critical Analysis”, International Studies Review, 42(1), March, http://www.blackwell-synergy.com/links/doi/10.1111/0020-8833.00076)
If researchers cannot add gender to an analysis, then they must necessarily use a AND or to address the implications of gender for what happens in the world.
-- Perm do both and perm do the plan and all parts of the alt that don’t consist of reject the aff
10/12/13
2ac Executive CP
Tournament: Georgia State | Round: 3 | Opponent: Michigan State CZ | Judge: Warden Perm do both– executive can issue an order and be restricted – shields the link on the net benefit because it means Obama doesn’t fight the disad They obviously can’t solve - Lauritsen argues that the sovereign calls all the shots – obviously if Obama has total power and decides to not use some of it that doesn’t solve sovereign violence. More ev Lauritsen 2010 Holger Ross Aarhus University “Democracy and the Separation of Powers: A Rancièrean Approach,” Distinktion: Scandinavian Journal of Social Theory, found via ebscohost, 15-16 Such a democratic point of view could, for example, be that of Rousseau AND omnipotence of the executive power is a tendency which ought to be counteracted. A great advantage of conceiving of the omnipotence of the executive power as a tendency AND branch, that is, the commission, alone has the legislative initiative. While a theorist such as Beyme does not seem to have any critical purpose with AND considerations about how the general will can maintain its control of the government. More evidence - cost benefit analysis is uniquely devaluing Kelman, 81 Steven, Albert J. Weatherhead III and Richard W. Weatherhead Professor of Public Management at the John F. Kennedy School of Government, Harvard University, “Cost-Benefit Analysis: An Ethical Critique” AEI Journal on Government and Society Regulation, 33-40 Finally, one may oppose the effort to place prices on a non-market AND the very act of placing a price on them reduces their perceived value. The first reason that pricing something de- creases its perceived value is that, AND analysis computed the benefits of sex based on the price of prostitute services.) Furthermore, if one values in a general sense the existence of a non- AND from their position as repositories of values the non-market sector represents. XO’s are misconstrued – military avoids change Hilbert 12 (Sarah – J.D. Candidate, William and Mary Law School, “A Legislative Solution to Environmental Protection in Military Action Overseas”, 2012, 37 Wm. and Mary Envtl. L. and Pol'y Rev. 263, lexis) IV. Call to Action Judicial action through liability for the government and government contractors AND procedures and standards, and will effectuate the change our country needs. n182 Takes out solvency - Empirically proven Hilbert 12 (Sarah – J.D. Candidate, William and Mary Law School, “A Legislative Solution to Environmental Protection in Military Action Overseas”, 2012, 37 Wm. and Mary Envtl. L. and Pol'y Rev. 263, lexis) II. Current Government Direction The current environmental protection plan for military efforts overseas has AND "major action," would be easy for an officer to find. n73
9/21/13
2ac PTX
Tournament: Georgia State | Round: 3 | Opponent: Michigan State CZ | Judge: Warden Econ resilient, US isn’t key, and impact empirically denied Lamy ’11(Pascal Lamy is the Director-General of the World Trade Organization. Lamy is Honorary President of Paris-based think tank Notre Europe. Lamy graduated from the prestigious Sciences Po Paris, from HEC and ÉNA, graduating second in his year of those specializing in economics. “System Upgrade” BY PASCAL LAMY | APRIL 18, 2011)
The bigger test came with the 2008-2009 Great Recession, the first truly AND enabling these countries to lift hundreds of millions of people out of poverty.
9/21/13
2ac Wilderson
Tournament: JMU | Round: 2 | Opponent: Wayne State BS | Judge: NICCOLO PAQUEO Posner and Vermuele vastly overgeneralize --- law can effectively restrain the executive Aziz Z. Huq 12, Assistant Professor of Law, University of Chicago Law School, "Binding the Executive (by Law or by Politics)", May 25, www.law.uchicago.edu/files/file/400-ah-binding.pdf The Executive Unbound paints a n image of executive discretion almost or completely unbridled by AND up the statutory status quo ante play a role in delimiting executive discretion.
No internal link – any shift has already occurred and is locked in Jay Lefkowitz 13, senior lawyer and former domestic policy advisor to President George W. Bush and John O'Quinn, former DOJ official in the Bush administration, Financial Times, "Drones are no substitute for detention", March 4, www.ft.com/cms/s/0/dae6552c-84c2-11e2-891d-00144feabdc0.html#axzz2dZnIVyqb Memo to all those critics of Guantánamo Bay: beware what you wish for. AND promptly administered through military courts – instead of taking the easy way out. Previous rulings non-unique Vladeck 12 (10/01/12, Professor Stephen I. Vladeck of the Washington College of Law at American University, “Detention Policies: What Role for Judicial Review?”, http://www.abajournal.com/magazine/article/detention_policies_what_role_for_judicial_review/)
The short chapter that follows aims to take Judge Brown’s suggestion seriously. As I AND Judge Brown to identify “take no prisoners” as Boumediene’s true legacy.
Not an alt cause – our evidence indicates that overturning indefinite detention is SUFFICIENT to solve the aff – its seen as changing the deference trend – that’s Martin and Reinhardt and it’s the key internal to hearts and minds - spaulding
Wilderson Perm do both Only the perm solves – theory must be combined with pratical political action. Failure to engage undermines social progress and allows conservatives to win out. Wing 2003 (Adrien Katherine Wing, Bessie Dutton Murray Distinguished Professor of Law at the University of Iowa College of Law, Louisiana Law Review, Spring, 2003, 63 La. L. Rev. 717) Another tenet that Critical Race Theorists espouse involves the necessity to engage in praxis, AND is socially constructed, but it doesn't help hail a cab at night."
Their link is wrong- my partner even corrected himself and said that the scenario is about latin American and African instability created by authoritarians modeling us norms of imperialism
Judicial Review is key to preventing torture Amnesty International USA, Guantanamo, and Beyond: The Continuing Pursuit of Unchecked Executive Power, May 13, 2005, http://web.amnesty.org/library/Index/ENGAMR510632005
Judicial review of the lawfulness of detentions is a fundamental safeguard against arbitrary detention, AND of "necessity" or "self-defence" (see below). Torture is a deontological evil that must be rejected Oren Gross, Professor, Law, University of Minnesota, MINNESOTA LAW REVIEW, June 2004, p. 1492-1493.
Absolutists - those who believe that an unconditional ban on torture ought to apply without AND as a trump or side constraint on welfare maximization in all possible cases."
Indefinite detention negates the legal identity of human beings – reduces them to bare life, replicates the logic of Nazi extermination camps Schatz and Horst 7 (Christopher and Noah, Assistant Federal Public Defender in the Federal Public Defender’s Office for the District of Oregon + a Law Clerk in the Federal Public Defender’s Office for the District of Oregon, "WILL JUSTICE DELAYED BE JUSTICE DENIED? CRISIS JURISPRUDENCE, THE GUANTÁNAMO DETAINEES, AND THE IMPERILED ROLE OF HABEAS CORPUS IN CURBING ABUSIVE GOVERNMENT DETENTION," http://law.lclark.edu/live/files/9557-lcb113art1schatzpdf)
Beginning in 2002, as a result of military and intelligence activities ¶ conducted in AND legal status of the Guantánamo Bay detainees is that of “concentration camp.”
Multiple reasons why detention is a good frame for understing racialized violence 1- Japanese internment 2- Trail of tears 3- Fugitive slave act All were forced movements of bodies without authorization, detainment or trial 1 Link turn our engagement with torture is an engagement with the racialized other – solves our relation to all colored bodies Robert Palitto 11 Summer 2011 Vol 13 Issue 3 http://newpol.org/content/torture-and-historical-memory Assistant Professor of Political Science at Seton HallUniversity in New Jersey and a former public interest lawyer. To anyone who has traced even the broad contours of U.S. AND an obligation for people of conscience to remain involved in contesting "torture."
No text to the alt is a reason to reject the team – it makes the neg a moving target and skews aff strategy, makes it impossible for us to be aff because we can’t pin them down to the alt and they can shift its meaning to get out of our best offense –reject the team for fairness and ground – and floating piks are an independent reason to reject the team because they steal all of the aff. State institutions inevitable – our education is valuable teaches us to direct that opposition to those levers of power Lawrence Grossburg, University of Illinois, We Gotta Get Outta This Place, 1992, p. 391-393 The Left needs institutions which can operate within the systems of governance, understanding that AND and oppositional agency. It strives to organize minorities into a new majority. No root causes AND our impacts turn the K – no risk of a turn Goldstein 03 (Joshua, Prof of Int'l Relations @ American University, War and Gender: How Gender Shapes the War System and Vice Versa, p. 412)
First, peace activists face a dilemma in thinking about causes of war and working AND on injustice as the main cause of war seems to be empirically inadequate. Perm – do the plan and re-evaluate the discourse of whiteness in the 1ac – there is no reason why the plan itself is bad – we create proactive policies that help avoid global warming while also examining our own bad discourse Wilderson conceives of black people and white people as essentially opposed – AND – he conceives of all other racial groups as “junior partners” to black people. Bruker 11 (Malia, screenwriter and documentary filmmaker, Journal of Film and Video 63.4, winter, p. 66-68, Ebsco)
Wilderson’s central tenet is the impossibility of analogizing the suffering of black people with that AND roundups, inhumane Immigration and Customs Enforcement detention facilities, and draconian legislation. Perm do the plan and reject state based white supremacy The alternative is a goal - not a mechanism to create that goal – their repoliticization never moves beyond the seminar room Jones 99 (Richard Wyn, Lecturer in the Department of International Politics – University of Wales, Security, Strategy, and Critical Theory, CIAO, http://www.ciaonet.org/book/wynjones/wynjones06.html)
Because emancipatory political practice is central to the claims of critical theory, one might AND epistemological and methodological claims and thus that it is a fatally flawed enterprise. Perm do the plan and pay reparations to native americans
10/11/13
2ac case
Tournament: Georgia State | Round: 3 | Opponent: Michigan State CZ | Judge: Warden Costless war fantasy allows us to pretend that our retribution against the other is invulnerable and anonymous. Zolkos 2011 (Magdalena, Research Fellow in Political Theory with the School of Humanities and Communication Arts at University of Western Sidney, “Can There Be Costless War? Violent Exposures and (In)Vulnerable Selves in Benjamin Percy's 'Refresh, Refresh,'” Critical Horizons) The fantasy of the “costless war” furnishes an imaginary of violence that is AND or destruction on the other that remains ultimately, consequential for the self. Some critics of the implications of the warfare robotic revolution for the democratic processes have AND , in other words, what is the cost of the costless war. Their data is highly flawed – selective and partial Boyle 2013 Michael J., Assistant professor of political science at La Salle University, “The costs and consequences of drone warfare,” International Affairs 89: 1 (2013) 1–29 Arguments for the effectiveness of drones can be subdivided into four separate claims: ( AND —is based on a highly selective and partial reading of the evidence.
Util And can’t save everyone – but there is a morally significant difference between killing people and saving everyone. We are not obligated to save everyone but we are morally obligated not to kill people McLachlan 2008 H.V. Centre for Ethics in Public Policy and Corporate Governance, School of Law and Social Sciences, Glasgow Caledonian University, “The Ethics of Killing and Letting Die: Active and Passive Euthanasia” Journal of Medical Ethics, Vol. 34, No. 8 (Aug., 2008), pp. 636-638, found via Jstor I would, however, deny that "omissions can clearly kill 77 although I AND that one can avoid murdering one particular child only by murdering another one. Suppose that you are walking by a lake in which 10 children are swimming happily AND save them all. You cannot even reasonably try to save them all. And calculation outweighs war Burke 7 – Associate Professor of Politics and International Relations in the University of New South Wales (Anthony “What security makes possible,” Working Paper 2007 p.11-12) Even if threats are credible and existential, I do not believe that they warrant AND -state terms ... the concept of security refers to the state.36 And Dillon is another impact turn – that’s at the top of the case flow – consequentialism reduces life to numbers – causing the zeropoint - that’s an extinction level disad. And their framing is rigged - requires us to support military violence - guarantees subsequent intervention – makes their impacts inevitable and subjects us to linguistic violence. Butler, 1997 (Judith, original genius, “Excitable Speech: A Politics of the Performative,” 18) Morrison's analogy suggests that language lives or dies as a living thing might live or AND that which must remain elusive for language to operate as a living thing. The children's question is cruel not because it is certain that they have killed the AND language, the certitude of that future in which it will be performed. . Predictions Mor ev - You cannot make linear predictions within the international system – it’s inherently volatile Taleb and Blythe 11 – *Distinguished Professor of Risk Engineering at New York University’s Polytechnic Institute, AND Professor of International Political Economy at Brown University (Nassim and Mark, May/June 2011, “The Black Swan of Cairo How Suppressing Volatility Makes the World Less Predictable and More Dangerous,” http://www.foreignaffairs.com/articles/67741/nassim-nicholas-taleb-and-mark-blyth/the-black-swan-of-cairo) Why is surprise the permanent condition of the U.S. political and economic AND
there is no freedom without noise—and no stability without volatility.? Prefer our disjunctive scenarios to their short-term conjunctive scenarios. Yudkowsky 6 – Research Fellow and Director @ Singularity Institute for Artificial Intelligence (Eliezer, 8/31/. Palo Alto, CA. “Cognitive biases potentially affecting judgment of global risks,” Forthcoming in Global Catastrophic Risks, eds. Nick Bostrom and Milan Cirkovic, singinst.org/upload/cognitive-biases.pdf)
The conjunction fallacy similarly applies to futurological forecasts. Two independent sets of professional analysts AND a futurist, disjunctions make for an awkward and unpoetic-sounding prophecy. And the negative’s use of linear causality, cherry picked evidence and hyperbolic impacts forecloses good predictions. Gardner and Tetlock 2011 Dan, columnist and senior writer with the Ottawa Citizen, and Philip, Leonore Annenberg University Professor @ UPenn “Overcoming Our Aversion to Acknowledging Our Ignorance” Cato Unbound 7-11 http://www.cato-unbound.org/2011/07/11/dan-gardner-and-philip-tetlock/overcoming-our-aversion-to-acknowledging-our-ignorance\ Cynics resonate to these results and sometimes cite them to justify a stance of populist AND and sometimes even the extrapolation algorithm, although not by a wide margin. One could say that this latter cluster of experts had real predictive insight, however modest. What distinguished the two groups was not political ideology, qualifications, access to classified information, or any of the other factors one might think would make a difference. What mattered was the style of thinking. One group of experts tended to use one analytical tool in many different domains; AND , they were more likely to say “moreover” than “however.” The other lot used a wide assortment of analytical tools, sought out information from diverse sources, were comfortable with complexity and uncertainty, and were much less sure of themselves—they tended to talk in terms of possibilities and probabilities and were often happy to say “maybe.” In explaining their forecasts, they frequently shifted intellectual gears, sprinkling their speech with transition markers such as “although,” “but,” and “however.” Using terms drawn from a scrap of ancient Greek poetry, the philosopher Isaiah Berlin once noted how, in the world of knowledge, “the fox knows many things but the hedgehog knows one big thing.” Drawing on this ancient insight, Tetlock dubbed the two camps hedgehogs and foxes. The experts with modest but real predictive insight were the foxes. The experts whose self-concepts of what they could deliver were out of alignment with reality were the hedgehogs. Security Representations must precede policy discussion – it determines what is politically thinkable Crawford 2 -- Neta,PhD MA MIT, BA Brown, Prof. of poli sci at boston univ. Argument and Change in World Politics, p. 19-21 Coherent arguments are unlikely to take place unless and until actors, at least on AND entrepreneurs without serious political wrangling.” Hence framing is a meta-argument. More evidence - Focus on short-term impacts is epistemologically bankrupt – greater attention to structural conditions and root causes is key. Bilgin and Morton 4 Pinar, Associate Professor of International Relations at Bilkent University, and Adam David, Lecturer in the Department of Politics and International Relations at Lancaster University, Politics, 24(3), “From ‘Rogue’ to ‘Failed’ States? The Fallacy of Short-termism,” p. 176-178 Calls for alternative approaches to the phenomenon of state failure are often met with the AND lasting and delicate attention from practitioners across the academy and policymaking communities alike. Apocalypse vital to power - makes threat construction the necessary condition for the impacts Coviello 00 - Assistant Professor of English @ the Bowdoin College Peter, Queer Frontiers: Millennial Geographies, Genders, and Generations. "Apocalypse from Now On." Apocalypse, as I began by saying, changed – it did not go away AND or otherwise, seems a civic initiative that can scarcely be done without.
9/21/13
Plantext
Tournament: GSU | Round: 5 | Opponent: Indiana MP | Judge: Davis The United States federal government should substantially increase restrictions on the war powers authority of the President of the United States to conduct targeted killing.