Tournament: Wake Forest | Round: 1 | Opponent: Kansas BC | Judge: Cat Duffy

Advantage 1: Accountability

Overuse of drone technology decks relationships with Pakistan and Yemen, only the aff prevents overuse of drones that effectively constrains the executive

Farley 12 (Benjamin R. Farley 12, JD from Emory University School of Law, former Editor-in-Chief of the Emory International Law Review, “Drones and Democracy: Missing Out on Accountability?” Winter 2012, 54 S. Tex. L. Rev. 385, lexis)

Effective accountability mechanisms constrain policymakers' freedom to choose to use force by
AND
unconstrained ability to go to war is more likely to lead the nation into war. 

Scenario 1 is Yemen

Current drone policy fuels AQAP and anti-American sentiment

Manning 12 (Jacqueline Manning 12, Senior Editor of International Affairs Review, December 9 2012, “Free to Kill: How a Lack of Accountability in America’s Drone Campaign Threatens U.S. Efforts in Yemen,” http://www.iar-gwu.org/node/450)

Earlier this year White House counter-terrorism advisor, John Brennan, named al-Qaeda in the Arabian
AND
only acknowledge them, but also pay amends to families of the victims.

AQAP will gain the material to initiate a nuclear terrorist attack

Williams 11 (Sarah, Coordinator of the Fissile Materials Working Group and Herbert Scoville Jr. Peace Fellow at the Center for Science, Technology and sEcurity Policy, "After bin Laden: Nuclear terrorism still a top threat," Bulletin of Atomic Scientists - Fissile MAterials Working Group, May 13, www.thebulletin.org/web-edition/columnists/fissile-materials-working-group/after-bin-laden-nuclear-terrorism-still-top-t)

More than a decade ago, Osama bin Laden professed that "acquiring chemical or nuclear
AND
operational capacity of Al Qaeda, a US priority must be securing this potential source material.

Terrorist retaliation causes nuclear war – draws in Russia and China

Ayson 10 (Robert, Professor of Strategic Studies and Director of the Centre for Strategic Studies: New Zealand at the Victoria University of Wellington, “After a Terrorist Nuclear Attack: Envisaging Catalytic Effects,” Studies in Conflict and Terrorism, Volume 33, Issue 7, July, Available Online to Subscribing Institutions via InformaWorld)

A terrorist nuclear attack, and even the use of nuclear weapons in response by the country
AND
preemption would probably still meet with a devastating response.

Yemen is the training ground for terrorism against Saudi Arabia – AQAP will attack oil facilities in Saudi Arabia

Ulrichsen 11 (Kristian, Kuwait Research Fellow in the Kuwait Programme for Development, Governance and Globalisation in the Gulf States Centre for the Study of Global Governance at the London SChool of Economics and Political SCience, "The Geopolitics of Insecurity in the Horn of Africa and the Arabian Peninsula," Middle East Policy Council, http://www.mepc.org/journal/middle-east-policy-archives/geopolitics-insecurity-horn-africa-and-arabian-peninsula?print)

The reconstitution of AQAP in January 2009, following the merger of al-Qaeda's Yemeni
AND
regional stability in the Arabian Peninsula.

Attacks on Saudi oil facilities collapse the global economy

Gartenstein-Ross 11 (Daveed, Directs the Center for the Study of Terrorist Radicalization at the Foundation for the Defense of Democracies, "Osama's Oil Obsession," Foreign Policy, May 23, www.foreignpolicy.com/articles/2011/05/23/osamas_oil_obsession)

Bin Laden long believed that undermining the U.S. economy was central to his war against
AND
could reach that they didn't think about."

Economic decline causes protectionism and war

Royal 10 (Jedediah, Director of Cooperative Threat Reduction at the U.S. Department of Defense, “Economic Integration, Economic Signaling and the Problem of Economic Crises,” Economics of War and Peace: Economic, Legal and Political Perspectives, ed. Goldsmith and Brauer, 2010, pgs. 213-215)

Less intuitive is how periods of economic decline may increase the likelihood of external
AND
featured prominently in the economic-security debate and deserves more attention.?

Scenario 2 is Pakistan

Overuse of drones in Pakistan empowers militants and destabilizes the government

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

The escalation of drone strikes in Pakistan to its current tempo—one every few days—directly
AND
and where the military, which has launched coups before, remains a popular force.

That leads to Pakistani instability and Indian intervention that goes nuclear

O'Hanlon 5 (Michael O’Hanlon, senior fellow with the Center for 21st Century Security and Intelligence and director of research for the Foreign Policy program at the Brookings Institution, visiting lecturer at Princeton University, an adjunct professor at Johns Hopkins University, and a member of the International Institute for Strategic Studies, Apr 27 2005, “Dealing with the Collapse of a Nuclear-Armed State: The Cases of North Korea and Pakistan,” http://www.princeton.edu/~ppns/papers/ohanlon.pdf)

Were Pakistan to collapse, it is unclear what the United States and like-minded states would or should
AND
the Indian Army, nuclear dangers have long been considered to run very high.

That causes extinction

Chaffin 11 (Greg Chaffin, Research Assistant at Foreign Policy in Focus, July 8, 2011, “Reorienting U.S. Security Strategy in South Asia,” online: http://www.fpif.org/articles/reorienting_us_security_strategy_in_south_asia)

A nuclear conflict in the subcontinent would have disastrous effects on the world as a whole. In a
AND
would lead to more drought, worldwide food shortages, and widespread political upheaval.

Advantage 2: Norms

Lack of drone norms creates international instability and decks international cooperation

Roberts 13 (Kristen Roberts, news editor for National Journal, master's in security studies from Georgetown University, master's degree in journalism from Columbia University, March 21st, 2013, "When the Whole World Has Drones," National Journal, www.nationaljournal.com/magazine/when-the-whole-world-has-drones-20130321)

To implement this covert program, the administration has adopted a tool that lowers the threshold for
AND
and rogue uses of one of the most awesome military robotics capabilities of this generation.

Unchecked drone usage ensure escalation of all conflict

Posner 13 (Eric Posner, a professor at the University of Chicago Law School, May 15th, 2013, "The Killer Robot War is Coming," Slate, www.slate.com/articles/news_and_politics/view_from_chicago/2013/05/drone_warfare_and_spying_we_need_new_laws.html)

Drones have existed for decades, but in recent years they have become ubiquitous. Some people
AND
When those technological barriers fall, legal restrictions may need to be tightened.

Deterrence doesn’t apply to drone warfare means that conflicts go nuclear

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

A second consequence of the spread of drones is that many of the traditional concepts which have
AND
that exist between nuclear powers, thus magnifying the risks of a spiral of conflict between them.

Only the oversight that the aff provides sends the signal necessary for other countries to follow the US

Bashir 12 (Omar S. Bashir, is a Ph.D. candidate in the Department of Politics at Princeton University and a graduate of the Department of Aeronautics and Astronautics at MIT, September 24th, 2012, "Who Watches the Drones?" Foreign Affairs,www.foreignaffairs.com/articles/138141/omar-s-bashir/who-watches-the-drones)

Further, the U.S. counterterrorism chief John Brennan has noted that the administration is
AND
disregard for humanitarian concerns. 

Only the US can reshape existing international norms that spills over to other norms on violence

Whibley 13 (James Whibley, received a M.A. in International Relations from Victoria University of Wellington, New Zealand, February 6th, 2013 "The Proliferation of Drone Warfare: The Weakening of Norms and International Precedent," Georgetown Journal of International Affairs,journal.georgetown.edu/2013/02/06/the-proliferation-of-drone-warfare-the-weakening-of-norms-and-international-precedent-by-james-whibley/)

While drone advocates such as Max Boot argue that other countries are unlikely to follow any
AND
Romney Presidency, then surely China or Russia possessing such a program would be terrifying.

Established norms allows the US to prevent the wrong types of drone usage

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

In his second term, President Obama has an opportunity to reverse course and establish a new drones
AND
from those who find it easy to shrug off the loss of life that drones inflict on others today.

Decline of US leadership causes global conflict

Zhang and Shi 11 (Yuhan Zhang is a researcher at the Carnegie Endowment for International Peace, Washington, D.C.; Lin Shi is from Columbia University. She also serves as an independent consultant for the Eurasia Group and a consultant for the World Bank in Washington, D.C., 1/22, “America’s decline: A harbinger of conflict and rivalry”, http://www.eastasiaforum.org/2011/01/22/americas-decline-a-harbinger-of-conflict-and-rivalry/)

This does not necessarily mean that the US is in systemic decline, but it encompasses a trend that
AND
devoid of unrivalled US primacy.

Lack of norms leads to increase Chinese drone usage that increases tensions

Shawn Brimley 13 (Ben FitzGerald, and Ely Ratner, vice president, director of the Technology and National Security Program, and deputy director of the Asia Program at the Center for a New American Security, 9/17/13, The Drone War Comes to Asia, Foreign Policy, http://www.foreignpolicy.com/articles/2013/09/17/the_drone_war_comes_to_asia?page=full)

It's now been a year since Japan's previously ruling liberal government purchased three of the Senkaku
AND
technologies could very well lead the region into war.

Causes US-Sino nuclear war

Fisher 11 (Max Fisher, foreign affairs writer and editor for the Atlantic, MA in security studies from Johns Hopkins, Oct 31 2011, “5 Most Likely Ways the U.S. and China Could Spark Accidental Nuclear War,” http://www.theatlantic.com/international/archive/2011/10/5-most-likely-ways-the-us-and-china-could-spark-accidental-nuclear-war/247616)

Neither the U.S. nor China has any interest in any kind of war with one other, nuclear or non-nuclear.
AND
mishaps of the 1980s -- is exactly what makes them so dangerous.

The United States Federal Government should limit the President's war powers authority to assert, on behalf of the United States, immunity from judicial review by establishing a cause of action allowing civil suits brought against the United States by those unlawfully injured by targeted killing operations, their heirs, or their estates in security cleared legal proceedings.

Contention 2: Solvency

The plan establishes legal norms and ensures compliance with the laws of war

Hafetz 13 (Jonathan Hafetz, Associate Prof of Law at Seton Hall University Law School, former Senior Staff Attorney at the ACLU, served on legal teams in multiple Supreme Court cases regarding national security, “Reviewing Drones,” 3/8/2013, http://www.huffingtonpost.com/jonathan-hafetz/reviewing-drones_b_2815671.html)

The better course is to ensure meaningful review after the fact. To this end, Congress should authorize
AND
the suit should be dismissed.

Ex post review creates a credible signal of compliance that restrains future executives

Holman 13 (Kwame Holman, congressional correspondent for PBS NewsHour; citing Rosa Brooks, Prof of Law at Georgetown University Law Center, former Counselor to the Under Secretary of Defense for Policy, former senior advisor at the US Dept of State, “Congress Begins to Weigh In On Drone Strikes Policy,” http://www.pbs.org/newshour/rundown/2013/04/congress-begins-to-weigh-in-on-drone-strikes-policy.html)

While some experts have argued for court oversight of drone strikes before they're carried out, Brooks
AND
world more generally that our policies are in compliance with rule of law norms."

Tournament: Wake Forest | Round: 3 | Opponent: Emory DK | Judge: Dave Arnett

See "1AC- Cause of Action- Wake Forest Round 1"

Tournament: Wake Forest | Round: 6 | Opponent: Indiana MP | Judge: Sarah Weiner

See "1AC- Cause of Action- Wake Forest Round 1"

Tournament: Wake Forest | Round: 8 | Opponent: Rochester MW | Judge: Kyla Sommers

See "1AC- Cause of Action- Wake Forest Round 1"

Tournament: Gonzaga | Round: 2 | Opponent: Weber State EM | Judge: Christian Bato

Contention 1: Status Quo

A recent federal appeals court decision has sustained indefinite detention

Hays 13 (Tom, contributor to the Associated Press, “US Court Ruling in NY Favors Anti-Terror Law,” The Associated Press, July 17, 2013, http://www.wxow.com/story/22866508/us-court-ruling-in-ny-favors-anti-terror-law) PCS

NEW YORK (AP) - A federal appeals court in Manhattan has revived enforcement of a law that
AND
knocking at your door ready to take you into custody."

Obama wants a restriction in indefinite detention- he’ll say yes to the plan

Barron 13 (Brad, director of Bannon Communications Research, “An Offer We Can’t Refuse,” U.S. News, May 28, 2013, http://www.usnews.com/opinion/blogs/brad-bannon/2013/05/28/obama-wants-us-to-take-away-his-war-powers~-~-we-should) PCS
President Obama kicked off the long Memorial Day weekend with a speech, which had a request
AND
again. I only hope Congress takes President Obama up on his offer.

Thus the plan: The Supreme Court of the United States should overrule Ex Parte Quirin.

Advantage 1: Terrorism

The use of indefinite detention in places like Guantanamo Bay create a double standard that makes counter-terrorism efforts impossible

RT News 13 (“Guantanamo an Ideal Recruitment Tool for Terrorists - UN Human Rights Chief,” RT News, May 27, 2013, http://rt.com/news/un-guantanamo-terrorists-violations-857/) PCS

The military prison at Guantanamo Bay was opened by the administration of former President George
AND
was useful in reconstructing what happened it didn’t prevent it.”

Indefinite detention bolsters terrorism by creating resentment towards the United States

Hathaway et al 13 (Oona, Professor of International Law at Yale Law School, Samuel Adelsberg, Spencer Amdur, Freya Pits, J.D. candidates at Yale Law School, Philip Levits and Sirine Shebaya, J.D. recipients from Yale Law School, “The Power to Detain: Detention of Terrorism Suspects After 9/11,” Yale Journal of International Law, Volume 38, Number 123, pgs. 164-165, http://www.yjil.org/docs/pub/38-1-hathaway-the-power-to-detain.pdf) PCS

Federal courts are also generally considered more legitimate than military commissions. The stringent
AND
reflected in recent statements from the Department of Defense and the White House. 

Guantanamo Bay and similar policies are used as an AQAP recruitment tool

Postel 13 (Therese, policy associate in international affairs at The Century Foundation, “How Guantanamo Bay’s Existence Helps Al-Qaeda Recruit More Terrorists,” The Atlantic, April 12, 2013, http://www.theatlantic.com/international/archive/2013/04/how-guantanamo-bays-existence-helps-al-qaeda-recruit-more-terrorists/274956/) PCS

In 2010, Al-Qaeda in the Arabian Peninsula (AQAP) released the first issue of Inspire, their
AND
problem, maybe national security will be.

AQAP is the only terrorist group that can acquire the materials to initiate a nuclear attack

Williams 11 (Sarah, Coordinator of the Fissile Materials Working Group and Herbert Scoville Jr. Peace Fellow at the Center for Science, Technology and sEcurity Policy, "After bin Laden: Nuclear terrorism still a top threat," Bulletin of Atomic Scientists - Fissile MAterials Working Group, May 13, www.thebulletin.org/web-edition/columnists/fissile-materials-working-group/after-bin-laden-nuclear-terrorism-still-top-t)

More than a decade ago, Osama bin Laden professed that "acquiring chemical or nuclear weapons
AND
Qaeda, a US priority must be securing this potential source material.

Terrorist retaliation causes nuclear war – draws in Russia and China

Ayson 10 (Robert Ayson, Professor of Strategic Studies and Director of the Centre for Strategic Studies: New Zealand at the Victoria University of Wellington, 2010, "After a Terrorist Nuclear Attack: Envisaging Catalytic Effects,” Studies in Conflict and Terrorism, Volume 33, Issue 7, July, Available Online to Subscribing Institutions via InformaWorld)

A terrorist nuclear attack, and even the use of nuclear weapons in response by the country attacked
AND
probably still meet with a devastating response.

Only the Supreme Court solves closing Guantanamo- their role is able to breach conflict between the executive and legislative branches

Feldman 13 (Noah, professor of Constitutional and International Law at Harvard, “Obama Can Close Guantanamo: Here’s How,” Bloomberg, May 7, 2013, http://www.bloomberg.com/news/2013-05-07/obama-has-leverage-to-get-his-way-on-guantanamo.html) PCS

To deepen the argument beyond executive power, the president is also in charge of foreign
AND
Congress, which passed a law denying habeas corpus to the prisoners.

Advantage 2: Leadership

Credibility is on the brink and now is key- other countries are looking to the U.S.

Nossel 12 (Suzanne, executive director of Amnesty International, “Time for a Reset on Human Rights,” Foreign Policy, November 7, 2012, http://www.foreignpolicy.com/articles/2012/11/07/time_for_a_reset_on_human_rights?page=0,0) PCS

In 2008, Barack Obama's election thrilled many human rights activists. For eight years under
AND
It must be guided by a clear sense of what we stand for"? 

Prolonged detention violates international law- that decimates global cooperation capacity

Lobel 11 (Jules, Bessie McKee Walthour Endowed Chair and Professor of Law, University of Pittsburgh School of Law, “Fundamental Norms, International Law, and the Extraterritorial Constitution,” The Yale Journal of International Law, Volume 36, Number 307, pgs. 310-311, http://www.yjil.org/docs/pub/36-2-lobel-fundamental-norms.pdf) PCS

The argument made here is premised on international law’s post-World War II recognition that certain
AND
root of the “impractical and anomalous” functional test.

Credibility is key to U.S. leadership

Kydd 5 (Andrew, University of Wisconsin political science professor, In America We (Used to) Trust: U.S. Hegemony and Global Cooperation, pgs 19-21, AFGA)

In his State of the Union address in January 2004, President George W. Bush argued that Libya's
AND
venture, or of the hegemon's intentions of actually cooperating.

Multipolarity coming now—broadening exchange networks and institutional distributions erode power centralization—US shifting to multilateral strategies

Berliner 10 (Jake, Deputy Policy Director of NDN’s Globalization Initiative, BA, Political Science from Tufts University, Apr 23, ndn.org/essay/2010/04/rise-rest-how-new-economic-powers-are-reshaping-globe)

The structure of the global economy has changed dramatically over the past two decades.
AND
use of modern international institutions representative of the new global economy. 

US leadership makes the transition to multi-polarity peaceful

Walton 7 (Dale C., Lecturer in IR at the University of Reading in England, Geopolitics and the Great Powers in the Twenty-First Century: Multipolarity and the Revolution in Strategic Perspective, pgs. 65-66, http://books.google.com/books?id=Bs1O-h5VgVcCandprintsec=frontcoverandsource=gbs_ge_summary_randcad=0#v=onepageandqandf=false) ZLH

Although international political conditions surely will differ enormously in the Coming decades
AND
long term and minimize the probability of a great power war.?

Independently, U.S. leadership solves extinction by diffusing the biggest global threats

Brooks, Dartmouth government professor, et al., 13 (Brooks, Stephen G., Ikenberry, G. John, Wohlforth, William C., STEPHEN G. BROOKS is Associate Professor of Government at Dartmouth College. G. JOHN IKENBERRY is Albert G. Milbank Professor of Politics and International Affairs at Princeton University and Global Eminence Scholar at Kyung Hee University in Seoul. WILLIAM C. WOHLFORTH is Daniel Webster Professor of Government at Dartmouth College, Foreign Affairs, “Lean Forward”, Jan/Feb2013, Vol. 92, Issue 1, Academic Search Complete, accessed 7-2-13, AFB)

CREATING COOPERATION: What goes for the global economy goes for other forms of international
AND
not mentioned openly but present in the back of statesmen's minds."

Contention 2: Solvency

Ex parte Quirin is in direct contradiction to Milligan- that’s ground to overturn its precedent

DeVeaux 9 (Chad, Western State University College of Law, “Rationalizing the Constitution: The Military Commissions Act and the Dubious Legacy of Ex Parte Quirin,” Akron Law Review, 2009, Volume 42, Issue 19, pg. 19) PCS

The President premised his authority to convene these tribunals on the Supreme Court’s
AND
be defined, prosecuted, and adjudicated by executive officials without independent review.” 

Quirin is the source of executive authority regarding indefinite detention- only halting its precedent solves unending Presidential unilateralism

Luebbert 10 (Brad, Department of History at the University of Louisville, “The Laws Will Fall Silent: Ex Parte Quirin, a Troubling Precedent for Military Commissions,” The University of Louisville, May 2010, pgs. 101-103, http://digital.library.louisville.edu/utils/getfile/collection/etd/id/1945/filename/4742.pdf) PCS

The United States Supreme Court wrote an opinion, upholding President Roosevelt's
AND
prisoners in Guantanamo Bay, Cuba.

The Quirin precedent is the justification for detention authority; commissions are the means of trying people who are detained because of Quirin

Tobias 3 (Carl Tobias, Beckley Singleton Professor, William S. Boyd School of Law, University of Nevada, Las Vegas; Visiting Williams Professor, University of Richmond School of Law, 2003, Southern California Law Review, Vol. 76, p. 1377)

President Bush, cabinet members, and numerous other high-ranking public officials have variously
AND
"the lawfulness of the commission's jurisdiction."

The Supreme Court is key- they should utilize their jurisdiction to review habeas claims by detainees

Siegel 12 (Ashley E., J.D. from the Boston University School of Law, “Some Holds Barred: Extending Executive Detention Habeas Law Beyond Guantanamo Bay,” Boston University Law Review, Volume 92, pg. 1429-1430, http://www.bu.edu/law/central/jd/organizations/journals/bulr/documents/SIEGEL_000.pdf) PCS

A final consideration for extending habeas rights to a detainee in this scenario is that there are
AND
the U.S. government that courts give consideration to these cases.

Even if the prevailing interpretation of Quirin is that it’s been relegated to history, without an explicit overrule the President is free to revive it – war on terror proves

Turley 4(Jonathan Turley, Shapiro Professor of Public Interest Law at George Washington University, 2004, CATO Supreme Court Review, pgs. 88-89)

For decades after the Quirin decision (and long before the disclosure of the Court’s shameful
AND
would later rule in favor of the government in the Hamdi case.

Establishing procedural justice is especially important in context of detention policies

Welsh 11 (David Assistant Professor New York University of Law “Procedural Justice Post 9/11: The Effects of Procedurally Unfair Treatment of Detainees on Perceptions of Global Legitimacy” University of New Hampshire Law Review Vol.9 No. 2 pg. 262-263)

Recent research highlights two reasons why procedural justice may be particularly
AND
about how these rules could be implemented in a DTC model.

Tournament: Gonzaga | Round: 4 | Opponent: Whitman HK | Judge: Jamie Cheek

See "1AC- Indefinite Detention- Gonzaga Round 2" (Welsh solvency card removed)

Tournament: Gonzaga | Round: 5 | Opponent: UMKC DW | Judge: Adam Symonds

See "1AC- Indefinite Detention- Gonzaga Round 2" (Welsh solvency card removed)

Tournament: Harvard | Round: 5 | Opponent: Northwestern HS | Judge: Andrea Reed

See "1AC- Indefinite Detention- Gonzaga Round 2"

Tournament: Harvard | Round: 8 | Opponent: Kansas KS | Judge: Aaron Hardy

See "1AC- Indefinite Detention- Gonzaga Round 2"

Tournament: Kentucky | Round: 4 | Opponent: Georgia State | Judge: Joel Lemuel

Contention 1: Status Quo

A recent federal appeals court decision has sustained indefinite detention

Hays 13 (Tom, contributor to the Associated Press, “US Court Ruling in NY Favors Anti-Terror Law,” The Associated Press, July 17, 2013, http://www.wxow.com/story/22866508/us-court-ruling-in-ny-favors-anti-terror-law) PCS

NEW YORK (AP) - A federal appeals court in Manhattan has revived enforcement of a law that
AND
knocking at your door ready to take you into custody.

Obama wants a restriction in indefinite detention- he’ll say yes to the plan

Barron 13 (Brad, director of Bannon Communications Research, “An Offer We Can’t Refuse,” U.S. News, May 28, 2013, http://www.usnews.com/opinion/blogs/brad-bannon/2013/05/28/obama-wants-us-to-take-away-his-war-powers~-~-we-should) PCS

President Obama kicked off the long Memorial Day weekend with a speech, which had a request
AND
again. I only hope Congress takes President Obama up on his offer.

Thus the plan: The Supreme Court of the United States should overrule Ex Parte
Quirin.

Advantage 1: Guantanamo Bay

First- Indefinite detention violates international law from lack of human rights

AWF 8 (American Way Foundation, “Undermining the Bill of Rights: The Bush Administration Detention Policy,” Winter 2008, http://www.pfaw.org/media-center/publications/undermining-bill-rights-bush-administration-detention-policy) PCS

Further, the Administration’s detention policy is contrary to the policies of the human rights
AND
question, justices may also consider the legality of the Administration’s asserted power.

Indefinite detention policies do not meet standards for preservation of civil liberties- states intentionally exploit vagueness and violate international treaty provisions

Harvard College 12 (“Due Process Protections in the War on Terrorism: A Comparative Analysis of Security-Based Preventive Detention in the United States and the United Kingdom,” Harvard College Department of Government, March 2012, pgs. 2-5, http://www.gov.harvard.edu/files/IR20thesis202.pdf) PCS

Since 9/11 and the ensuing “War on Terrorism,” democracies have struggled to balance
AND
preservation of civil liberties.

The United States has an international obligation to protect human rights

Gibney 8 (Mark, Belk Distinguished Professor University of North Carolina-Asheville, February, “Responsibilities for protecting Human Rights”, http://global-ejournal.org/2008/02/15/gibney/)
This is not to suggest that “territory” does not matter at all or that states have the same
AND
constituted the greatest human rights failure of all.

Second- Guantanamo Bay torture methods violate international human rights law

Baumann 10 (Nick, “Did the Bush Administration Experiment on Detainees?”, 6/6/10,  http://www.globalpolicy.org/us-un-and-international-law-8-24/torture-and-prison-abuse/49204.html?ItemID=860)

In the course of trying to prove that its "enhanced" interrogation program was legal, the Bush
AND
also can constitute a war crime and a crime against humanity in certain circumstances.

Methods used in Guantanamo violate the U.N.’s definition of torture

Byrne 11 (Michael, “Guantanamo Bay Doctors Are Helping Torture Captives”, http://motherboard.vice.com/blog/guantanamo-bay-doctors-are-helping-torture-captives)

Wikileaks, sure, but some of the most damning Guantanamo Bay revelations are coming
AND
painful stress positions.”

Force feeding practices used on strikers strips them of basic human rights

Annas et al 13 (George J, Sondra S. Crosby, and Leonard H. Glantz, Chair, Health Law, Bioethics and Human Rights William Fairfield Warren Distinguished Professor, “Guantanamo Bay: A Medical Ethics–free Zone?”, http://www.nejm.org/doi/full/10.1056/NEJMp1306065)

The ethics standard regarding physician involvement in hunger strikes was probably
AND
This policy mistakenly conflates hunger striking with suicide.

Third- Conditions at Guantanamo lead to prisoner deaths

Wilson 13 (Diane, “Why I Am on a Hunger Strike to Shut Down Guantanamo Bay Prison”, 5/10/2013, http://www.alternet.org/activism/why-i-am-hunger-strike-shut-down-guantanamo-bay-prison)

Here is one despairing voice: Adnan Latif spent 10 years in Guantanamo without being
AND
Where is the world to save the hunger strikers?”

Indefinite detention in itself constitutes the worst type of psychological torture

Gostola 13 (Gosztola Kevin 13, Author at OP ED News, Open Salon, Film Maker and Student Colombia College. The Dissenter: “UN Officials and IACHR Condemn US Government for Flagrantly Violating Human Rights at Guantanamo”May 1. 2013. http://dissenter.firedoglake.com/2013/05/01/un-iachr-condemn-us-government-for-flagrantly-violating-human-rights-at-guantanamo/)

The IACHR and UN officials stated indefinite detention by the United States government was
AND
against individuals who have voluntarily decided to go on a hunger strike.”

Torture must be rejected- it is the ultimate example of dehumanization

Bernard 9 (Chazelle Bernard 09, Eugene Higgins Professor of Computer Science Princeton University. Princeton Review: “How to argue against Torture”. July 2009, http://www.cs.princeton.edu/~chazelle/politics/torture09.html)

What is torture? "I know it when I see it" is a fine answer and rough agreement with common
AND
but society as a whole. Or so our modern liberal sensibilities tell us.

Contention 2: Solvency

Ex parte Quirin is in direct contradiction to Milligan- that’s ground to overturn its precedent

DeVeaux 9 (Chad, Western State University College of Law, “Rationalizing the Constitution: The Military Commissions Act and the Dubious Legacy of Ex Parte Quirin,” Akron Law Review, 2009, Volume 42, Issue 19, pg. 19) PCS

The President premised his authority to convene these tribunals on the Supreme Courts
AND
be defined, prosecuted, and adjudicated by executive officials without independent review.” 

Quirin is the source of executive authority regarding indefinite detention- only halting its precedent solves unending Presidential unilateralism

Luebbert 10 (Brad, Department of History at the University of Louisville, “The Laws Will Fall Silent: Ex Parte Quirin, a Troubling Precedent for Military Commissions,” The University of Louisville, May 2010, pgs. 101-103, http://digital.library.louisville.edu/utils/getfile/collection/etd/id/1945/filename/4742.pdf) PCS

The United States Supreme Court wrote an opinion, upholding President Roosevelts
AND
prisoners in Guantanamo Bay, Cuba.

The Quirin precedent is the justification for detention authority; commissions are the means of trying people who are detained because of Quirin

Tobias 3 (Carl Tobias, Beckley Singleton Professor, William S. Boyd School of Law, University of Nevada, Las Vegas; Visiting Williams Professor, University of Richmond School of Law, 2003, Southern California Law Review, Vol. 76, p. 1377)

President Bush, cabinet members, and numerous other high-ranking public officials have
AND
would be limited to scrutinizing; the lawfulness of the commissions jurisdiction.

The Supreme Court is key- they should utilize their jurisdiction to review habeas claims by detainees

Siegel 12 (Ashley E., J.D. from the Boston University School of Law, “Some Holds Barred: Extending Executive Detention Habeas Law Beyond Guantanamo Bay,” Boston University Law Review, Volume 92, pg. 1429-1430, http://www.bu.edu/law/central/jd/organizations/journals/bulr/documents/SIEGEL_000.pdf) PCS

A final consideration for extending habeas rights to a detainee in this scenario is that there are
AND
the U.S. government that courts give consideration to these cases.

Even if the prevailing interpretation of Quirin is that it’s been relegated to history, without an explicit overrule the President is free to revive it

Turley 4 (Jonathan Turley, Shapiro Professor of Public Interest Law at George Washington University, 2004, CATO Supreme Court Review, pgs. 88-89)

For decades after the Quirin decision (and long before the disclosure of the Court’s
AND
the Hamdi case.

Tournament: UMKC | Round: 2 | Opponent: Minnesota PW | Judge: Sam Haley-Hill

Contention 1: Status Quo

A recent federal appeals court decision has sustained indefinite detention

Hays 13 (Tom, contributor to the Associated Press, “US Court Ruling in NY Favors Anti-Terror Law,” The Associated Press, July 17, 2013, http://www.wxow.com/story/22866508/us-court-ruling-in-ny-favors-anti-terror-law) PCS

NEW YORK (AP) - A federal appeals court in Manhattan has revived enforcement of a law that
AND
knocking at your door ready to take you into custody.

Obama wants a restriction in indefinite detention- he’ll say yes to the plan

Barron 13 (Brad, director of Bannon Communications Research, “An Offer We Can’t Refuse,” U.S. News, May 28, 2013, http://www.usnews.com/opinion/blogs/brad-bannon/2013/05/28/obama-wants-us-to-take-away-his-war-powers~-~-we-should) PCS

President Obama kicked off the long Memorial Day weekend with a speech, which had a request
AND
again. I only hope Congress takes President Obama up on his offer.

Thus the plan: The Supreme Court of the United States should overrule Ex Parte Quirin. 

Advantage 1: Terrorism

The use of indefinite detention in places like Guantanamo Bay create a double standard that makes counter-terrorism efforts impossible

RT News 13 (“Guantanamo an Ideal Recruitment Tool for Terrorists - UN Human Rights Chief,” RT News, May 27, 2013, http://rt.com/news/un-guantanamo-terrorists-violations-857/) PCS

The military prison at Guantanamo Bay was opened by the administration of former President George W. Bush
AND
And while the surveillance video was useful in reconstructing what happened it didn’t prevent it.”

Indefinite detention bolsters terrorism by creating resentment towards the United States

Hathaway et al 13 (Oona, Professor of International Law at Yale Law School, Samuel Adelsberg, Spencer Amdur, Freya Pits, J.D. candidates at Yale Law School, Philip Levits and Sirine Shebaya, J.D. recipients from Yale Law School, “The Power to Detain: Detention of Terrorism Suspects After 9/11,” Yale Journal of International Law, Volume 38, Number 123, pgs. 164-165, http://www.yjil.org/docs/pub/38-1-hathaway-the-power-to-detain.pdf) PCS

Federal courts are also generally considered more legitimate than military commissions. The stringent
AND
White House. 

Guantanamo Bay and similar policies are used as an AQAP recruitment tool

Postel 13 (Therese, policy associate in international affairs at The Century Foundation, “How Guantanamo Bay’s Existence Helps Al-Qaeda Recruit More Terrorists,” The Atlantic, April 12, 2013, http://www.theatlantic.com/international/archive/2013/04/how-guantanamo-bays-existence-helps-al-qaeda-recruit-more-terrorists/274956/) PCS

In 2010, Al-Qaeda in the Arabian Peninsula (AQAP) released the first issue of Inspire, their
AND
problem, maybe national security will be.

AQAP is the only terrorist group that can acquire the materials to initiate a nuclear attack

Williams 11 (Sarah, Coordinator of the Fissile Materials Working Group and Herbert Scoville Jr. Peace Fellow at the Center for Science, Technology and Security Policy, After bin Laden: Nuclear terrorism still a top threat, Bulletin of Atomic Scientists - Fissile Materials Working Group, May 13, www.thebulletin.org/web-edition/columnists/fissile-materials-working-group/after-bin-laden-nuclear-terrorism-still-top-t)

More than a decade ago, Osama bin Laden professed that and acquiring chemical or nuclear weapons is a religious duty. Since then, Al Qaeda
AND
Qaeda, a US priority must be securing this potential source material.

Terrorist retaliation causes nuclear war – draws in Russia and China

Ayson 10 (Robert Ayson, Professor of Strategic Studies and Director of the Centre for Strategic Studies: New Zealand at the Victoria University of Wellington, 2010, “After a Terrorist Nuclear Attack: Envisaging Catalytic Effects,” Studies in Conflict and Terrorism, Volume 33, Issue 7, July, Available Online to Subscribing Institutions via InformaWorld)

A terrorist nuclear attack, and even the use of nuclear weapons in response by the country attacked in the first place, would not necessarily
AND
devastating response.

Only the Supreme Court solves closing Guantanamo- their role is able to breach conflict between the executive and legislative branches

Feldman 13 (Noah, professor of Constitutional and International Law at Harvard, “Obama Can Close Guantanamo: Here’s How,” Bloomberg, May 7, 2013, http://www.bloomberg.com/news/2013-05-07/obama-has-leverage-to-get-his-way-on-guantanamo.html) PCS

To deepen the argument beyond executive power, the president is also in charge of foreign
AND
Congress, which passed a law denying habeas corpus to the prisoners.

Advantage 2: Leadership

Credibility is on the brink and now is key- other countries are looking to the U.S.

Nossel 12 (Suzanne, executive director of Amnesty International, “Time for a Reset on Human Rights,” Foreign Policy, November 7, 2012, http://www.foreignpolicy.com/articles/2012/11/07/time_for_a_reset_on_human_rights?page=0,0) PCS

In 2008, Barack Obamaand#39;s election thrilled many human rights activists. For eight years under
AND
assertion that American global engagement cannot be defined by what we are against. It must be guided by a clear sense of what we stand for?

Prolonged detention violates international law- that decimates global cooperation capacity

Lobel 11 (Jules, Bessie McKee Walthour Endowed Chair and Professor of Law, University of Pittsburgh School of Law, “Fundamental Norms, International Law, and the Extraterritorial Constitution,” The Yale Journal of International Law, Volume 36, Number 307, pgs. 310-311, http://www.yjil.org/docs/pub/36-2-lobel-fundamental-norms.pdf) PCS

The argument made here is premised on international laws post-World War II recognition that certain basic norms of civilized
AND
root of the “impractical and anomalous” functional test.

Credibility is key to U.S. leadership

Kydd 5 (Andrew, University of Wisconsin political science professor, In America We (Used to) Trust: U.S. Hegemony and Global Cooperation, pgs. 19-21, AFGA)

In his State of the Union address in January 2004, President George W. Bush argued that Libyas decision to abandon its quest for weapons of
AND
venture, or of the hegemons intentions of actually cooperating.

Multipolarity coming now—broadening exchange networks and institutional distributions erode power centralization

Berliner 10 (Jake, Deputy Policy Director of NDN’s Globalization Initiative, BA, Political Science from Tufts University, Apr 23, ndn.org/essay/2010/04/rise-rest-how-new-economic-powers-are-reshaping-globe)

The structure of the global economy has changed dramatically over the past two decades. Since the end of the
AND
use of modern international institutions representative of the new global economy. 

US leadership makes the transition to multi-polarity peaceful

Walton 7 (Dale C., Lecturer in IR at the University of Reading in England, Geopolitics and the Great Powers in the Twenty-First Century: Multipolarity and the Revolution in Strategic Perspective, pgs. 65-66, http://books.google.com/books?id=Bs1O-h5VgVcCandprintsec=frontcoverandsource=gbs_ge_summary_randcad=0#v=onepageandqandf=false) ZLH

Although international political conditions surely will differ enormously in the Coming decades from those of the middle 1940s, it would
AND
long term and minimize the probability of a great power war.

Independently, U.S. leadership solves extinction by diffusing the biggest global threats

Brooks et al. 13 (Brooks, Stephen G., Ikenberry, G. John, Wohlforth, William C., STEPHEN G. BROOKS is Associate Professor of Government at Dartmouth College. G. JOHN IKENBERRY is Albert G. Milbank Professor of Politics and International Affairs at Princeton University and Global Eminence Scholar at Kyung Hee University in Seoul. WILLIAM C. WOHLFORTH is Daniel Webster Professor of Government at Dartmouth College, Foreign Affairs, “Lean Forward”, Jan/Feb2013, Vol. 92, Issue 1, Academic Search Complete, accessed 7-2-13) AFB

CREATING COOPERATION: What goes for the global economy goes for other forms of international
AND
not mentioned openly but present in the back of minds.

Contention 2: Solvency

Ex parte Quirin is in direct contradiction to Milligan- that’s ground to overturn its precedent

DeVeaux 9 (Chad, Western State University College of Law, “Rationalizing the Constitution: The Military Commissions Act and the Dubious Legacy of Ex Parte Quirin,” Akron Law Review, 2009, Volume 42, Issue 19, pg. 19) PCS

The President premised his authority to convene these tribunals on the Supreme Courts
AND
be defined, prosecuted, and adjudicated by executive officials without independent review.” 

Quirin is the source of executive authority regarding indefinite detention- only halting its precedent solves unending Presidential unilateralism

Luebbert 10 (Brad, Department of History at the University of Louisville, “The Laws Will Fall Silent: Ex Parte Quirin, a Troubling Precedent for Military Commissions,” The University of Louisville, May 2010, pgs. 101-103, http://digital.library.louisville.edu/utils/getfile/collection/etd/id/1945/filename/4742.pdf) PCS

The United States Supreme Court wrote an opinion, upholding President Roosevelts
AND
prisoners in Guantanamo Bay, Cuba.

The Quirin precedent is the justification for detention authority; commissions are the means of trying people who are detained because of Quirin

Tobias 3 (Carl Tobias, Beckley Singleton Professor, William S. Boyd School of Law, University of Nevada, Las Vegas; Visiting Williams Professor, University of Richmond School of Law, 2003, Southern California Law Review, Vol. 76, p. 1377)

President Bush, cabinet members, and numerous other high-ranking public officials have variously depended on Quirin, as
AND
authorizing trial of non-United States citizens by military tribunals would be limited to scrutinizing; the lawfulness of the commissions jurisdiction.

The Supreme Court is key- they should utilize their jurisdiction to review habeas claims by detainees

Siegel 12 (Ashley E., J.D. from the Boston University School of Law, “Some Holds Barred: Extending Executive Detention Habeas Law Beyond Guantanamo Bay,” Boston University Law Review, Volume 92, pg. 1429-1430, http://www.bu.edu/law/central/jd/organizations/journals/bulr/documents/SIEGEL_000.pdf) PCS

A final consideration for extending habeas rights to a detainee in this scenario is that there are
AND
the U.S. government that courts give consideration to these cases.

Even if the prevailing interpretation of Quirin is that it’s been relegated to history, without an explicit overrule the President is free to revive it – war on terror proves

Turley 4 (Jonathan Turley, Shapiro Professor of Public Interest Law at George Washington University, 2004, CATO Supreme Court Review, pgs. 88-89)

For decades after the Quirin decision (and long before the disclosure of the Court’s shameful internal conduct), scholars
AND
the Hamdi case.

Tournament: UMKC | Round: 3 | Opponent: North Texas AS | Judge: Brian Manuel

See "1AC- Indefinite Detention- UMKC Round 2" (no changes)

Tournament: UMKC | Round: 6 | Opponent: Kansas MN | Judge: Jacob Thompson

See "1AC- Indefinite Detention- UMKC Round 2" (no changes)

Tournament: UMKC | Round: 8 | Opponent: Texas DS | Judge: Kyle Vint

See "1AC- Indefinite Detention- UMKC Round 2" (no changes)

Tournament: Harvard | Round: 1 | Opponent: Northwestern WW | Judge: Bill Smelko

See "1AC- National Security Court- Kentucky Round 1"

Tournament: Harvard | Round: 3 | Opponent: Kansas State MR | Judge: Dan Fitzmier

Plan: The United States federal government should create a National Security Court with exclusive jurisdiction over the United States’ indefinite detention policy.

Advantage 1: Leadership

Current indefinite detention policies hinder US credibility and hurt international cooperation

Welsh 11 (David “Procedural Justice Post 9/11: The Effects of Procedurally Unfair Treatment of Detainees on Perceptions of Global Legitimacy” University of New Hampshire Law Review Vol.9 No. 2 pg. 262-263) KRG

The Global War on Terror1 has been ideologically framed as a struggle between the
AND
provide a framework through which U.S. legitimacy in the War on Terror can be enhanced.  

Credibility is key to U.S. leadership

Kydd 5 (Andrew, University of Wisconsin political science professor, In America We (Used to) Trust: U.S. Hegemony and Global Cooperation, pgs 19-21, AFGA).

In his State of the Union address in January 2004, President George W. Bush
AND
cooperative venture, or of the hegemon's intentions of actually cooperating.

The affirmative solves international perception on indefinite detention policy

Sulmasy 9 (Glenn Sulmasy 9, Associate Professor of Law at the United States Coast Guard Academy and was a National Security and Human Rights Fellow at the Carr Center, Harvard Kennedy School, April 13, “THE NEED FOR A NATIONAL SECURITY COURT SYSTEM”, PDF)

THE WAY FORWARD   The President, Secretary Gates and Secretary Rice
AND
and to upholding the rule of law.

The aff is key to solving multilateral cooperation
Mendelsohn 10 (Barak Mendelsohn, assistant professor of political science at Haverford College and a senior fellow of FPRI. Author of Combating Jihadism: American Hegemony and Interstate Cooperation in the War on Terrorism, June 2010, “The Question of International Cooperation in the War on Terrorism”, http://www.fpri.org/enotes/201006.mendelsohn.cooperationwarterror.html)

Going against common conceptions, I argue that the United States sought
AND
This process constrains the hegemon’s actions and prevents the uninhibited exercise of power.

International cooperation solves warming and disease

Ikenberry 11 (John G. Ikenberry, Albert G. Milbank Professor of Politics and International Affairs at Princeton, Spring, “A World of Our Making”, http://www.democracyjournal.org/20/a-world-of-our-making.php?page=all)

Grand Strategy as Liberal Order Building American dominance of the global
AND
strategy of liberal order building, it can begin the process of gaining it back. 

Warming causes extinction

Flournoy 12 (Don Flournoy, Citing Feng Hsu, PhD NASA Scientist @ the Goddard Space Flight Center and Don is a PhD and MA from UT, former Dean of the University College @ Ohio University, former Associate Dean at SUNY and Case Institute of Technology, Former Manager for University/Industry Experiments for the NASA ACTS Satellite, currently Professor of Telecommunications @ Scripps College of Communications, Ohio University, “Solar Power Satellites,” January 2012, Springer Briefs in Space Development, p. 10-11)

In the Online Journal of Space Communication , Dr. Feng Hsu,
AND
a risk that is simply too high for us to take any chances” (Hsu 2010 ).

Disease causes extinction

Quammen 12 (David Quammen, award-winning science writer, long-time columnist for Outside magazine for fifteen years, with work in National Geographic, Harper's, Rolling Stone, the New York Times Book Review and other periodicals, 9/29, “Could the next big animal-to-human disease wipe us out?,” The Guardian, pg. 29, Lexis)

Infectious disease is all around us. It's one of the basic processes that
AND
infectious disease, and viruses in particular.

Independently, U.S. leadership solves extinction by diffusing the biggest global threats

Brooks et al 13 (Brooks, Stephen G., Ikenberry, G. John, Wohlforth, William C., STEPHEN G. BROOKS is Associate Professor of Government at Dartmouth College. G. JOHN IKENBERRY is Albert G. Milbank Professor of Politics and International Affairs at Princeton University and Global Eminence Scholar at Kyung Hee University in Seoul. WILLIAM C. WOHLFORTH is Daniel Webster Professor of Government at Dartmouth College, Foreign Affairs, “Lean Forward”, Jan/Feb2013, Vol. 92, Issue 1, Academic Search Complete)

What goes for the global economy goes for other forms of international
AND
not mentioned openly but present in the back of statesmen's minds."

US detention policy has justified democratic backsliding globally – plan reverses that

CJA 4 (The Center for Justice and Accountability, Amici Curiae in support of petitioners in Al Odah et al. v USA, "Brief of the Center for Justice and Accountability, the International League for Human Rights, and Individual Advocates for the Independence of the Judiciary in Emerging Democracies," 3-10)

While much of the world is moving to adopt the institutions necessary to secure AND
United States. This case starkly presents the question of which model this Court will set for the world. 

Democratic backsliding causes great power war

Gat 11 (Azar, Ezer Weizman Professor of National Security at Tel Aviv University, 2011, “The Changing Character of War,” in The Changing Character of War, ed. Hew Strachan and Sibylle Scheipers, p. 30-32)

Since 1945, the decline of major great power war has deepened further.
AND
seemed likely only a short while ago.

Advantage 2: Terrorism

The use of indefinite detention in places like Guantanamo Bay create a double standard that makes counter-terrorism efforts impossible

RT News 13(“Guantanamo an Ideal Recruitment Tool for Terrorists - UN Human Rights Chief,” RT News, May 27, 2013, http://rt.com/news/un-guantanamo-terrorists-violations-857/) PCS

The military prison at Guantanamo Bay was opened by the administration of
AND
useful in reconstructing what happened it didn’t prevent it.”

Indefinite detention bolsters terrorism by creating resentment towards the United States

Hathaway et al 13 (Oona, Professor of International Law at Yale Law School, Samuel Adelsberg, Spencer Amdur, Freya Pits, J.D. candidates at Yale Law School, Philip Levits and Sirine Shebaya, J.D. recipients from Yale Law School, “The Power to Detain: Detention of Terrorism Suspects After 9/11,” Yale Journal of International Law, Volume 38, Number 123, pgs. 164-165, http://www.yjil.org/docs/pub/38-1-hathaway-the-power-to-detain.pdf) PCS

Federal courts are also generally considered more legitimate than military
AND
Defense and the White House. 

Guantanamo Bay and similar policies are used as an AQAP recruitment tool

Postel 13 (Therese, policy associate in international affairs at The Century Foundation, “How Guantanamo Bay’s Existence Helps Al-Qaeda Recruit More Terrorists,” The Atlantic, April 12, 2013, http://www.theatlantic.com/international/archive/2013/04/how-guantanamo-bays-existence-helps-al-qaeda-recruit-more-terrorists/274956/) PCS

In 2010, Al-Qaeda in the Arabian Peninsula (AQAP) released the first issue of
AND
intractable problem, maybe national security will be.

AQAP is the only terrorist group that can acquire the materials to initiate a nuclear attack

Williams 11 (Sarah, Coordinator of the Fissile Materials Working Group and Herbert Scoville Jr. Peace Fellow at the Center for Science, Technology and sEcurity Policy, "After bin Laden: Nuclear terrorism still a top threat," Bulletin of Atomic Scientists - Fissile Materials Working Group, May 13, www.thebulletin.org/web-edition/columnists/fissile-materials-working-group/after-bin-laden-nuclear-terrorism-still-top-t)

More than a decade ago, Osama bin Laden professed that "acquiring chemical
AND
a US priority must be securing this potential source material.

Terrorist retaliation causes nuclear war – draws in Russia and China

Ayson 10 (Robert Ayson, Professor of Strategic Studies and Director of the Centre for Strategic Studies: New Zealand at the Victoria University of Wellington, “After a Terrorist Nuclear Attack: Envisaging Catalytic Effects,” Studies in Conflict and Terrorism, Volume 33, Issue 7, July, Available Online to Subscribing Institutions via InformaWorld)

A terrorist nuclear attack, and even the use of nuclear weapons in response by
AND
preemption would probably still meet with a devastating response.

Contention 2: Solvency

The aff creates a National Security Court System that resolves the inconsistencies regarding indefinite detention policy

Sulmasy and Logman 10 (Glenn; Chairman at the U.S. Coast Guard Academy of Department of Humanities and Professor of law specializes in international law. Andrea; assistant professor of law and U.S. Coast Guard Academy “A hybrid court of a hybrid law” 01/01/2010 Case Western Reserve Journal of International Law http://web.ebscohost.com/ehost/pdfviewer/pdfviewer?vid=7andsid=028ec024-12d3-4798-8d2d-0f530f8d5a6140sessionmgr13andhid=10) KRG

With the pending closure of the detention facility at Guantánamo Bay. Cuba,
AND
U.S. national security and our human rights obligations to the detainees.

Establishing a domestic terror court revives US legitimacy

Welsh 11 (David “Procedural Justice Post 9/11: The Effects of Procedurally Unfair Treatment of Detainees on Perceptions of Global Legitimacy” University of New Hampshire Law Review Vol.9 No. 2 pg. 262-263) KRG

In the context of the War on Terror, legitimacy is the critical missing element
AND
created by a growing number of suspected terrorists.

Procedural justice is the key internal link to legitimacy

Welsh 11 (David Assistant Professor New York University of Law “Procedural Justice Post 9/11: The Effects of Procedurally Unfair Treatment of Detainees on Perceptions of Global Legitimacy” University of New Hampshire Law Review Vol.9 No. 2 pg. 262-263) KRG

In the context of detentions, “the fairness of the procedures”
AND
used to reach a given outcome is critical to perceptions of legitimacy.

The court that the aff establishes is comparatively better than any other option

Kimery 9 (Anthony L. Homeland Security Today online editor and online media manager 12/03/2009 “A Case for a National Security Court” Homeland Security Today http://www.hstoday.us/blogs/the-kimery-report/blog/the-case-for-a-national-security-court/a9333d82c11cecd35e74c8c0b65c2698.html) KRG

“The administration is now fully aware that this is a vastly complex issue
AND
and still garner and maintain international support for our efforts.

Tournament: Kentucky | Round: 1 | Opponent: Harvard DT | Judge: Heather Walters

Advantage 1: Leadership

Current indefinite detention policies hinder US credibility and hurts international cooperation

Welsh 11 (David “Procedural Justice Post 9/11: The Effects of Procedurally Unfair Treatment of Detainees on Perceptions of Global Legitimacy” University of New Hampshire Law Review Vol.9 No. 2 pg. 262-263) KRG

The Global War on Terror1 has been ideologically framed as a struggle between the
AND
framework through which U.S. legitimacy in the War on Terror can be enhanced. 

The affirmative solves international perception on indefinite detention policy

Sulmasy 9 (Glenn Sulmasy 9, Associate Professor of Law at the United States Coast Guard Academy and was a National Security and Human Rights Fellow at the Carr Center, Harvard Kennedy School, April 13, “THE NEED FOR A NATIONAL SECURITY COURT SYSTEM”, PDF)

THE WAY FORWARD   The President, Secretary Gates and Secretary Rice
AND
and to upholding the rule of law.

Credibility is key to U.S. leadership

Kydd 5 (Andrew, University of Wisconsin political science professor, In America We (Used to) Trust: U.S. Hegemony and Global Cooperation, pgs 19-21, AFGA).

The aff is key to solving multilateral cooperation

Mendelsohn 10 (Barak Mendelsohn 10, assistant professor of political science at Haverford College and a senior fellow of FPRI. Author of Combating Jihadism: American Hegemony and Interstate Cooperation in the War on Terrorism, June 2010, “The Question of International Cooperation in the War on Terrorism”, http://www.fpri.org/enotes/201006.mendelsohn.cooperationwarterror.html)

Going against common conceptions, I argue that the United States sought
AND
legitimated before cooperation takes place. 

International cooperation solves warming and disease

Ikenberry 11 (John G. Ikenberry 11, Albert G. Milbank Professor of Politics and International Affairs at Princeton, Spring, “A World of Our Making”, http://www.democracyjournal.org/20/a-world-of-our-making.php?page=all)

Grand Strategy as Liberal Order Building American dominance of the global system
AND
process of gaining it back. 

Warming causes extinction

Flournoy 12 (Don Flournoy 12, Citing Feng Hsu, PhD NASA Scientist @ the Goddard Space Flight Center and Don is a PhD and MA from UT, former Dean of the University College @ Ohio University, former Associate Dean at SUNY and Case Institute of Technology, Former Manager for University/Industry Experiments for the NASA ACTS Satellite, currently Professor of Telecommunications @ Scripps College of Communications, Ohio University, “Solar Power Satellites,” January 2012, Springer Briefs in Space Development, p. 10-11)

Disease causes extinction

Quammen 12 (David Quammen 12, award-winning science writer, long-time columnist for Outside magazine for fifteen years, with work in National Geographic, Harper's, Rolling Stone, the New York Times Book Review and other periodicals, 9/29, “Could the next big animal-to-human disease wipe us out?,” The Guardian, pg. 29, Lexis)

Independently, leadership diffuses the biggest global threats

Brooks et al 13 (Brooks, Stephen G., Ikenberry, G. John, Wohlforth, William C., STEPHEN G. BROOKS is Associate Professor of Government at Dartmouth College. G. JOHN IKENBERRY is Albert G. Milbank Professor of Politics and International Affairs at Princeton University and Global Eminence Scholar at Kyung Hee University in Seoul. WILLIAM C. WOHLFORTH is Daniel Webster Professor of Government at Dartmouth College, Foreign Affairs, “Lean Forward”, Jan/Feb2013, Vol. 92, Issue 1, Academic Search Complete, accessed 7-2-13, AFB)

CREATING COOPERATION   What goes for the global economy goes for
AND
not mentioned openly but present in the back of statesmen's minds."

US detention policy has justified democratic backsliding globally – plan reverses that

CJA 4 (The Center for Justice and Accountability, Amici Curiae in support of petitioners in Al Odah et al. v USA, "Brief of the Center for Justice and Accountability, the International League for Human Rights, and Individual Advocates for the Independence of the Judiciary in Emerging Democracies," 3-10)

Democratic backsliding causes great power war

Gat 11 (Azar, Professor of National Security at Tel Aviv University, 2011, “The Changing Character of War,” in The Changing Character of War, ed. Hew Strachan and Sibylle Scheipers, p. 30-32)

Since 1945, the decline of major great power war has deepened further. 

Advantage 2: Terrorism

Guantanamo Bay and similar policies are used as an AQAP recruitment tool

Postel 13 (Therese, policy associate in international affairs at The Century Foundation, “How Guantanamo Bay’s Existence Helps Al-Qaeda Recruit More Terrorists,” The Atlantic, April 12, 2013, http://www.theatlantic.com/international/archive/2013/04/how-guantanamo-bays-existence-helps-al-qaeda-recruit-more-terrorists/274956/) PCS

AQAP is the only terrorist group that can acquire the materials to initiate a nuclear attack

Williams 11 (Sarah, Coordinator of the Fissile Materials Working Group and Herbert Scoville Jr. Peace Fellow at the Center for Science, Technology and sEcurity Policy, "After bin Laden: Nuclear terrorism still a top threat," Bulletin of Atomic Scientists - Fissile MAterials Working Group, May 13, www.thebulletin.org/web-edition/columnists/fissile-materials-working-group/after-bin-laden-nuclear-terrorism-still-top-t)

More than a decade ago, Osama bin Laden professed that "acquiring
AND
operational capacity of Al Qaeda, a US priority must be securing this potential source material.

Terrorist retaliation causes nuclear war – draws in Russia and China

Ayson 10 (Robert, “After a Terrorist Nuclear Attack: Envisaging Catalytic Effects,” Studies in Conflict and Terrorism, Volume 33, Issue 7, July, Available Online to Subscribing Institutions via InformaWorld)

A terrorist nuclear attack, and even the use of nuclear weapons in response
AND
would probably still meet with a devastating response.

Thus, the plan: The United States federal government should create a National Security Court with exclusive jurisdiction over the United States’ indefinite detention policy.

Contention 2: Solvency

The aff creates a National Security Court System that resolves the inconsistencies regarding indefinite detention policy

Sulmasy and Logman 10 (Glenn; Chairman at the U.S. Coast Guard Academy of Department of Humanities and Professor of law specializes in international law. Andrea; assistant professor of law and U.S. Coast Guard Academy “A hybrid court of a hybrid law” 01/01/2010 Case Western Reserve Journal of International Law http://web.ebscohost.com/ehost/pdfviewer/pdfviewer?vid=7andsid=028ec024-12d3-4798-8d2d-0f530f8d5a6140sessionmgr13andhid=10) KRG

With the pending closure of the detention facility at Guantánamo Bay.
AND
U.S. national security and our human rights obligations to the detainees.

Establishing a domestic terror court revives US legitimacy

Welsh 11 (David “Procedural Justice Post 9/11: The Effects of Procedurally Unfair Treatment of Detainees on Perceptions of Global Legitimacy” University of New Hampshire Law Review Vol.9 No. 2 pg. 262-263) KRG

In the context of the War on Terror, legitimacy is the critical missing
AND
procedural issues created by a growing number of suspected terrorists.

Tournament: Kentucky | Round: 6 | Opponent: Houston AA | Judge: Adam Scher

See "1AC- National Security Court- Kentucky Round 1"

Tournament: Kentucky | Round: 8 | Opponent: George Washington AS | Judge: Sean Ridley

See "1AC- National Security Court- Kentucky Round 1"

Tournament: UMKC | Round: 3 | Opponent: North Texas AS | Judge: Brian Manuel

Human rights and Guantanamo are a key component to EU relations

Groothius and Niemann 12 (Marga, Leiden University Arne, University of Mainz “Normative Power Europe? The power of the EU in its Relation to the USA in the Policy Field of Counter-terrorism” http://www.politik.uni-mainz.de/cms/Dateien/mpiep03.pdf)

Next, it is necessary to
AND
the right to adversarial proceedings.

Strong relations are key to prevent European instability and nuclear war

Mearsheimer 1 (John J. Mearsheimer, R. Wendell Harrison Distinguished Service Professor of Political Science at the University of Chicago, “The Future of the American Pacifier,” Foreign Affairs, September/October 2001, ebsco)

Without the American pacifier
AND
with measures of its own.

Tournament: Kentucky | Round: 6 | Opponent: Houston AA | Judge: Adam Scher

Bringing US in line with other detention practices internationally restores US human rights leadership

Gitenstein 9 (Mark H Gitenstein 9, Retired American politician who served as the United States Ambassador to Romania, “Legislating the War on Terror: An Agenda for Reform”, November 3, Book, p. 35-36)

Second, perhaps the biggest U.S. deviation from the norm lies in the extraordinary manner in
AND
okay. Democracies can take different approaches without being less democratic.

Human rights credibility solves global war

Burke-White 4 (William W. Burke-White 4, Lecturer in Public and International Affairs and Senior Special Assistant to the Dean, Woodrow Wilson School of Public and International Affairs, Princeton University, Spring 2004, Harvard Human Rights Journal, 17 Harv. Hum. Rts. J. 249, p. 279-280)

This Article presents a strategic--as opposed to ideological or normative--argument that the
AND
necessity currently exists or is on the horizon.