1ac- The United States Congress should restrict the war powers authority of the President of the United States by requiring disclosure of their relationship to disability prior to entering forces into hostility 1nc- Exec restraint CP Courts CP Patent Reform politics Framework Flex DA- Ukraine version T-Prohibit Circumvention on case
To modify or delete round reports, edit the associated round.
a. Interpretation and violation---the affirmative should defend the desirability of topical action
Most predictable—the agent and … a debate about hypothetical government action Jon M Ericson 3, Dean Emeritus of the College of Liberal Arts – California Polytechnic U., et al., The Debater’s Guide, Third Edition, p. 4 The Proposition of Policy: Urging … future action that you propose.
“Resolved” is legislative Jeff Parcher 1, former debate coach at Georgetown, Feb 2001 http://www.ndtceda.com/archives/200102/0790.html Pardon me if I turn to a … course, are answers to a question.
A general subject isn’t enough—… order to promote effective exchange Steinberg and Freeley 13, * David, Lecturer in Communication studies and rhetoric. Advisor to Miami Urban Debate League. Director of Debate at U Miami, Former President of CEDA. And Austin, attorney who focuses on criminal, personal injury and civil rights law, JD, Suffolk University, Argumentation and Debate, Critical Thinking for Reasoned Decision Making, 121-4 Debate is a means of settling … outlined in the following discussion.
b. Vote neg
Preparation and clash—changing the topic post facto manipulates balance of prep, which structurally favors the aff because they speak last and permute alternatives—they get to choose the grounds of engagement and aren’t forced to pick a controversial topic – resolutions are chosen because they aren’t defacto good or bad – their world has no such constraint--strategic fairness is key to engaging a well-prepared opponent and is a prior question for a competitive activity
Topical fairness requirements are key to meaningful dialogue—monopolizing strategy and prep makes the discussion one-sided and subverts any meaningful neg role Ryan Galloway 7, Samford Comm prof, Contemporary Argumentation and Debate, Vol. 28, 2007 Debate as a dialogue sets an … dialogical benefits of topical advocacy.
2. Substantive constraints on the debate are key to actualize effective pluralism and agonistic democracy John Dryzek 6, Professor of Social and Political Theory, The Australian National University, Reconciling Pluralism and Consensus as Political Ideals, American Journal of Political Science,Vol. 50, No. 3, July 2006, Pp. 634–649 A more radical contemporary pluralism … rightfully belongs in democratic debate.
The impact outweighs—deliberative debate models impart skills vital to respond to existential threats Christian O. Lundberg 10 Professor of Communications @ University of North Carolina, Chapel Hill, “Tradition of Debate in North Carolina” in Navigating Opportunity: Policy Debate in the 21st Century By Allan D. Louden, p. 311 The second major problem with … and use other Web resources: To analyze the self-report ratings of the instructional and control group students, we first conducted a multivariate analysis of variance on all of the ratings, looking jointly at the effect of instmction/no instruction and debate topic . . . that it did not matter which topic students had been assigned . . . students in the Instnictional debate) group were significantly more confident in their ability to access information and less likely to feel that they needed help to do so----These findings clearly indicate greater self-efficacy for online searching among students who participated in (debate).... These results constitute strong support for the effectiveness of the project on students' self-efficacy for online searching in the academic databases. There was an unintended effect, however: After doing ... the project, instructional group students also felt more confident than the other students in their ability to get good information from Yahoo and Google. It may be that the library research experience increased self-efficacy for any searching, not just in academic databases. (Larkin 2005, 144) Larkin's study substantiates Thomas Worthcn … democracy in an increasingly complex world.
Guidelines for dialogue are intersubjectively possible and are necessary to cultivate democratic habits and political judgment---the affirmative’s rejection of normative constraints goes too far Jean-Michel Heimonet 9, Professor of French, American Catholic U, THE SACRED: MYSTICISM AND PRAGMATISM, THE MAJOR TRENDS IN CONTEMPORARY THEORY, http://www.crvp.org/book/Series07/VII-6/chapter-6.htm Beginning with Foucault these were … of results in daily life.
k
The affirmative will be incorporated … understood from a class-based perspective. D’Annibale and McLaren ‘4 (Valerie Catamburio, PhD, chairs the Graduate Program in Communication and Social Justice at the University of Windsor, and Peter, professor in the Division of Urban Schooling, Graduate School of Education and Information Studies, UCLA, “The Strategic Centrality of Class in the Politics of "Race" and "Difference”,” Cultural Studies = Critical Methodologies, Vol. 3, No. 2, 148-175 (2003), TH) Because post-al theories of … and genuine toleration of differences?” (pp. 232- 233).
Modern capitalism ensures that Differentiations … zones of sacrifice like debate BALIBAR 1 (Etienne, Emeritus Prof. of Philosophy @ U. of Paris X Nanterre and U. of Cal., Irvine, “Outlines of a Topography of Cruelty: Citizenship and Civility in the Era of Global Violence,” Constellations, Vol. 8.1) This paper is based on a … , seem to be mainly “economic.”
This debate is about competing methodologies. The question at the end of the debate is whose ethical orientation best catalyzes political organization against Capital. Vote negative to affirm the Communist Hypothesis as a prerequisite to political or personal calculations, which ensure that discussions in debate continue to operate from within a broader framework of capitalistic competition Badiou ‘9 (Alain, Prof. @ European Graduate School, Former chair of Philosophy @ École Normale Supérieure, The Meaning of Sarkozy, pgs. 97-103 bb) I would like to situate the Sarkozy episode, which is not an impressive page in French history, in a broader horizon. Let us picture a kind of Hegelian fresco of recent world history - by which I do not, like our journalists, mean the triad Mitterrand-Chirac-Sarkozy, but rather the development of the politics of working-class and popular emancipation over nearly two centuries. Since the French Revolution and … the history of this hypothesis.
This round is key – every act of discussion must be understoo0d as a point of metaphoric condensation for Communism. Badiou ‘10 (Alain, Prof. @ European Graduate School, Former chair of Philosophy @ École Normale Supérieure, The Idea of Communism, pgs. 11-13 bb) We will now ask: why … eternal consequences of an event.
Our ethico-political obligation is to assume responsibility for our actions. Capitalism renders its victims anonymous and ensures that the aff never comes to terms with the billions of degraded life choices globally Žižek and Daly ‘4 (Slavoj, Prof. of European Graduate School, Intl. Director of the Birkbeck Inst. for Humanities, U. of London, and Senior Researcher @ Inst. of Sociology, U. of Ljubljiana, and Glyn, Professor Intl. Studies @ Northampton U., “Risking the Impossible” http://www.lacan.com/zizek-daly.htm th) It is in the light … us to risk the impossible.
The 1AC’s insistence upon social change without reference to historical Marxist struggle makes enduring social change impossible and fails to create mass mobilization for change Bosteels ’11 (Bruno, Prof. of Romance Studies @ Cornell U., Badiou and Politics, pp. 280-285) THE COMMUNIST INVARIANTS In what … the various stages of Marxism.
case Anti-blackness should not be understood at the primary structuring force for history – it is a web of power embedded in historical processes. Their civil society ordering arguments are not sustainable. Hudson (Political Studies Department, University of the Witwatersrand , Johannesburg) 13 (Peter, Social Dynamics (2013): The state and the colonial unconscious, Social Dynamics: A journal of African studies, DOI: 10.1080/02533952.2013.802867) “Whiteness” as whiteness – the … identities are “white” under colonialism. Everyone is white in the colonial symbolic – including blacks; it is just that they are “less white” than “whites” to the point of not being at all – Fanon says again and again that “the black man desires to be white” – but, when he looks at himself through the eyes he has adopted, the “eyes” that are “his” – what he (qua white eyes) sees is something that doesn’t exist – “inequality, no non-existence” (Fanon 1968, 98, original emphasis). He “subsists at the level of non-being” (131) – just as the white, when it sees the black, sees an other that is, as Fanon says “absolutely not self,” so does the black see himself – “as absolutely not self” (114). This is the depth of the fissure in the black colonial subject position, caught between two impossibles: “whiteness,” which he desires but which is barred to him, and “black- ness,” which is “non-existence.” Colonialism, anxiety and emancipation3 Thus the self-same/other … constitutive axis, its “ontological” differential.
*2NC*
Capitalism makes an ethical relationship to difference and otherness impossible Capitalism reduces reality to crude economism – this instrumentality precludes ethics and results in inevitable environmental destruction Morgareidge ‘98 (Clayton, Prof of Philosophy … have a seat at the table.
Their structural prioritization of anti-blackness is incorrect McLaren and D’Anniballe 2k4 (Peter, Professor at the Graduate School of Education at UCLA, and Valerie “Class Dismissed? Historical materialism and the politics of ‘difference’”, Philosophy of Education Society of Australasia) For example, E. San Juan (2003) argues that … position of these “racial” solidarities’.
The link only goes one way—we don’t render race secondary to class but understand that class relations are the mechanism which ACTUALIZES all forms of oppression—don’t risk the aff’s intersectional analysis which has historically rendered the material interplay of capitalism invisible McLaren and D’Annibale 4 (Peter, Professor at the Graduate School of Education at UCLA, and Valerie “Class Dismissed? Historical materialism and the politics of ‘difference’,” Philosophy of Education Society of Australasia)
This does not render as ‘… ‘difference’ as a primary explanatory construct.
Sexton is historically inaccurate – capitalism is a significant proximate cause of the Middle Passage We don’t need to win this claim to win the debate – we just think that Wilderson is wrong
Lance Selfa, 2010. Editor of and contributor to International Socialist Review, quoting Eric Williams, D.Phil from Oxford, first Prime Minister of Trinidad and Tobago, “The roots of racism,” http://socialistworker.org/2010/10/21/the-roots-of-racism. Racism is a particular form of … --and build a new socialist society.
Universalization is critical to any revolutionary politics McMillan ‘10 (Chris, PhD Candidate in … be excluded from the outset. (1985: 189)
The goal of critical pedagogy must primarily be to criticize the material conditions of capitalism. McLaren 5 (Peter, Professor at the Graduate School of Education at UCLA, Teaching against global capitalism and the new imperialism: a critical pedagogy, pg. 6-11)
As U.S. imperialism sinks its claws … and incarnations of imperialism worldwide.
*1NR* Engagement the law solves their … -up approaches are ultimately better Andrews, associate professor of law – University of San Francisco, ‘3 (Rhonda V. Magee, 54 Ala. L. Rev. 483) The following argument relies on a … itself will play a central role.
Wilderson is wrong – ontological death reifies oppression and falsely applies the historical logic of slavery to the present day also applies Brown’s arg explicitly to Wilderson). Ehlers 12 – (2012, Nadine, Professor, School of Social Sciences, Media, and Communication Faculty of Law, Humanities, and Arts University of Wollongong, “Racial Imperatives: Discipline, Performativity, and Struggles against Subjection,” p. 9-12, footnote from p. 145)
While I deploy these terms for … has yet to be undone: Black lives are still imperiled and devalued by a racial calculus and a political arithmetic that were entrenched centuries ago. This is the afterlife of slavery- skewed life chances, limited access to health and education, premature death, incarceration, and impoverishment. I, too, am the afterlife of slavery. (2007, 6) Frank B. Wilderson III, in his … to it, not determined by power.
1/20/14
Fullerton Round 2
Tournament: Fullerton | Round: 2 | Opponent: Emory Dean-Klarman | Judge: Harper *1NC* 1 They have to specify what restriction they impose in the plan- their failure to do so eliminates all debates over targeted killing and justifies aff conditionality – vote neg for reasonable limits and ground Gregory McNeal 13, Associate Professor of Law, Pepperdine University, 3/5/13, “Targeted Killing and Accountability,” http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1819583 Discussing and analyzing the notion … social science and governance literature.
2 Text: The Executive Branch of the United States should assign review of drone operations to the Intelligence Advisory Board to establish their efficacy and justifiability ex post. The Executive Branch should request Congressional rules for the reviews, including who will carry out the reviews and requiring periodic reports to its committees and the public.
3 The United States federal government should clarify that the first use of drones is only acceptable either in self-defense or in response to an attack by a non-state actor located within a state when that state has consented to the United States’ carrying out targeted killing operations within the state’s borders or that state is unwilling or unable to neutralize such actors.
The United States federal government should shift targeted killing to title 10 military authority.
Congress affirming legality and declaring the right to use drones in self-defense solves the case and avoids a partisan backlash- there is universal support for drone usage in national security contexts. Anderson ‘10 Kenneth Anderson, Professor of Law, Washington College of Law, American University, and Research Fellow, The Hoover Institution, Stanford University and Member of its Task Force on National Security and the Law, 3/18/10, Rise of the Drones: Unmanned Systems and the Future of War, digitalcommons.wcl.american.edu/cgi/viewcontent.cgi?article=1002andcontext=pub_disc_cong • Fourth, Congress has vital … , and very legitimate sovereign state. 4
Will pass --- avoiding new controversies is key Eubank 1-1 (Andy,- Vice President of Operations at Hoosier Ag Today, 30 years of experience as Vice President and General Manager Logansport Radio Corp-WSAL and WLHM “Hope for Farm Bill Agreement by Mid January”) Optimism remains high for completing a … agriculture desperately wants to avoid.
Having to defend authority derails the current agenda Kriner 10 Douglas L. Kriner (assistant professor of political science at Boston University) “After the Rubicon: Congress, Presidents, and the Politics of Waging War”, University of Chicago Press, Dec 1, 2010, page 68-69. While congressional support leaves the … him in the international arena.
Capital is key Eva Clayton 11/5/13, former Assistant Director General of the UN FAO, “Congressional and Presidential Leadership Needed for a Fair and Equitable Farm Bill,” http://www.huffingtonpost.com/eva-m-clayton/congressional-and-presidential_b_4221884.html Congressional and Presidential Leadership Needed … suffer disproportionately without a signed bill.
Key to prevent trade war with Brazil AgriPulse ’13 (“U.S. cotton payments to Brazil may end due to lack of farm bill, Vilsack says”) WASHINGTON, Aug. 7, 2013 - Top U.S. agriculture officials … resolves the long-term dispute. “Absent a farm bill, we won't be able to make payments,” Vilsack said. “They obviously indicated that their patience with the United States is not limitless.” He said Brazil expects the … , but other U.S. exports as well. “I'm sure other industries in the United States are not going to appreciate the fact that they're going to get dinged because Congress didn't complete their work,” Vilsack said. In 2009, the World Trade Organization (… agricultural goods, automobiles and chemicals.
The impact is US Competitiveness, Science Leadership, US Economy, Brazil Economy, Global Economy Kogan ’06 (Lawrence,- CEO Institute Trade Standardards and Sustainable Development, Int’l J Economic Development, July, http://findarticles.com/p/articles/mi_qa5479/is_1-2_8/ai_n29431939?tag=content;col1) "... Some in Brazil express … other nation in the world." (114 115) Brazil is clearly at a crossroads. As an emerging economy and an aspiring regional (116 117) and global (118) power possessing great potential, it is obliged to exercise prudence and responsibility in its international affairs. It has the option of following the proven path towards innovation and economic growth, or of riding populist appeals down the slippery slope of IP opportunism. It is time for the Brazilian government to transcend its IP identity crisis and evolve--to choose the right path for the benefit of both its citizens and the world, before it is too late.
Global war Austin ‘09 (Michael, Resident Scholar – American Enterprise Institute, and Desmond Lachman, Resident Fellow – American Enterprise Institute, “The Global Economy Unravels”, Forbes, 3-6, http://www.aei.org/article/100187) Conversely, global policymakers do not … that coalesce into a big bang.
5 Restricting executive TK spills up – ills overall flexibility Klimp et al 10 (JACK W. KLIMP, Lt. General, U.S. Marine Corps (Ret.), JOHN D. ALTENBURG, Major General, U.S. Army (Ret.), JAMES J. CAREY, Rear Admiral, U.S. Navy (Ret.), STEVEN B. KANTROWITZ, Rear Admiral, U.S. Navy (Ret.), NORMAN T. SAUNDERS, Rear Admiral, U.S. Coast Guard (Ret.), THOMAS L. HEMINGWAY, Brigadier General, U.S. Air Force (Ret.), ALFRED L. MICHAUD, Colonel, U.S. Army (Ret.), WILLIAM D. PIVARNIK, Captain, U.S. Navy (Ret.), ERIC ROJO, Colonel, U.S. Army (Ret.), PETER J. REYNIERSE, Commander, U.S. Navy (Ret.), THOMAS A. SMITH, Lt. Colonel, U.S. Army (Ret.), ADRIAN CRONAUER, WASHINGTON LEGAL FOUNDATION, NATIONAL DEFENSE COMMITTEE, AND ALLIED EDUCATIONAL FOUNDATION, 10/4/10, http://ccrjustice.org/files/Al-Aulaqi20v20Obama-20Klimp,20et20al20Amicus.pdf) Amici respectfully submit that this … expertise to undertake such a reexamination.
Massive security impacts Robert Blomquist 10, Professor of Law, Valparaiso University School of Law, THE JURISPRUDENCE OF AMERICAN NATIONAL SECURITY PRESIPRUDENCE, 44 Val. U.L. Rev. 881 Supreme Court Justices--along with … , and defend the Nation. n22 *886 B. Geopolitical Strategic Considerations Bearing on Judicial Interpretation Before the United States Supreme Court Justices form an opinion on the legality of national security decisions by the POTUS, they should immerse themselves in judicially-noticeable facts concerning what national security expert, Bruce Berkowitz, in the subtitle of his recent book, calls the "challengers, competitors, and threats to America's future." n23 Not that the Justices need to become experts in national security affairs, n24 but every Supreme Court Justice should be aware of the following five basic national security facts and conceptions before sitting in judgment on presiprudential national security determinations. (1) "National security policy . . . is … themselves with regional powers." n27 (2) "Yet, as worrisome as these immediate concerns may be, the long-term challenges are even harder to deal with, and the stakes are higher. Whereas the main Cold War threat--the Soviet Union--was brittle, most of the potential adversaries and challengers America now faces are resilient." n28 (3) "The most important task … advantage, they do not." n30 (4) While "keeping the strategic advantage may not have the idealistic ring of making the world safe for democracy and does not sound as decisively macho as maintaining American hegemony," n31 maintaining the American "strategic advantage is critical, because it is essential for just about everything else America hopes to achieve--promoting freedom, protecting the homeland, defending its values, preserving peace, and so on." n32 (5) The United States requires … focus its own resources." n34 *888 As further serious preparation for engaging in the jurisprudence of American national security presiprudence in hotly contested cases and controversies that may end up on their docket, our Supreme Court Justices should understand that, as Walter Russell Mead pointed out in an important essay a few years ago, n35 the average American can be understood as a Jacksonian pragmatist on national security issues. n36 "Americans are determined to keep the world at a distance, while not isolating ourselves from it completely. If we need to take action abroad, we want to do it on our terms." n37 Thus, recent social science survey data paints "a picture of a country whose practical people take a practical approach to knowledge about national security. Americans do not bother with the details most of the time because, for most Americans, the details do not matter most the time." n38 Indeed, since the American people "do know the outlines of the big picture and what we need to worry about in national security affairs so we know when we need to pay greater attention and what is at stake. This is the kind of knowledge suited to a Jacksonian." n39 Turning to how the Supreme … his national security executive subordinates.
6 Ex ante review devastates targeted killing – ex ante review makes strikes ineffective and causes broad rulings that eliminate the program Groves 13 (Steven, Bernard and Barbara Lomas Senior Research Fellow in the Margaret Thatcher Center for Freedom, a division of the Kathryn and Shelby Cullom Davis Institute for International Studies, at The Heritage Foundation.¶ , "Drone Strikes: The Legality of US Targeting Terrorists Abroad," Heritage Foundation, April 10, www.heritage.org/research/reports/2013/04/drone-strikes-the-legality-of-us-targeting-terrorists-abroad) The proponents of a drone court … established to oversee targeting decisions.
Geographic limits on terrorist strikes make CT ineffective – create safe havens Corn 13 Geoffrey Corn, Professor of Law and Presidential Research Professor, South Texas College of Law, 3/15/13, Statement before the Senate Armed Services Committee, CQ Research Service 3. What is the geographic … strategic interests of the nation.
Nuclear terror is likely Bunn 13 – (2013, Matthew, PhD, Professor of Practice; Co-Principal Investigator, Project on Managing the Atom, Belfer Center for Science and International Affairs, Harvard, “Beyond Crises: The Unending Challenge of Controlling Nuclear Weapons and Materials,” in Nuclear Weapons Security Crises: What Does History Teach? Ed. Henry D. Sokolski. Strategic Studies Institute, U.S. Army War College, 253-278) In short, the threats are … these items are effectively protected. PUNCTUATING COMPLACENT EQUILIBRIUM: THE U.S. CASE If political turmoil is not … it could never happen again.
Nuclear terror causes accidental US-Russia nuclear war Barrett et al. 2013 – (6/28, Anthony, PhD, Engineering and Public Policy from Carnegie Mellon University, Director of Research, Global Catastrophic Risk Institute, Fellow in the RAND Stanton Nuclear Security Fellows Program, Seth Baum, PhD, Geography, Pennsylvania State University, Executive Director, GCRI, Research Scientist at the Blue Marble Space Institute of Science, former Visiting Scholar position at the Center for Research on Environmental Decisions at Columbia University, and Kelly Hostetler, Research Assistant, GCRI, “Analyzing and Reducing the Risks of Inadvertent Nuclear War Between the United States and Russia,” Science and Global Security 21(2): 106-133, pre-print, available online) War involving significant fractions of … to misinterpret events as attacks.16
Drones key to Yemen – defeat AQAP Terrill 13 – (3/13, W. Andrew, PhD, Strategic Studies Institute's Middle East specialist, formerly with the Lawrence Livermore National Laboratory and US Air War College, “Op-Ed: Drones Are Making A Difference In Yemen,” http://www.strategicstudiesinstitute.army.mil/index.cfm/articles/Drones-Are-Making-A-Difference-In-Yemen/2013/03/13) Unmanned aerial vehicles (often known … drones as a war-winning system. The 2011 death of AQAP planner Anwar al-Awlaki in an apparent drone strike is especially informative. Despite Awlaki’s U.S. citizenship, President Obama was reported by Newsweek to have considered him a higher priority for capture or elimination than Ayman al-Zawahiri, bin Laden’s replacement as the leader of “al-Qaeda central.” Federal prosecutors, in a case involving an alleged Awlaki associate, maintain that he was the mastermind behind a variety of terrorist activities including the 2009 “Christmas bomber” plot. In this instance, a terrorist operative and Awlaki “student” sought to blow up a passenger aircraft traveling from Amsterdam to Detroit with 280 passengers aboard. The unsuccessful bombing scheme appears … much more frightening choices later.
Yemeni based AQAP will strike Saudi oil facilities Murphy ’10 (AQAP’s Growing Security Threat to Saudi Arabia Jun 03, 2010 Caryle Murphy Caryle Murphy is an independent journalist based in Riyadh, Saudi Arabia. A former reporter for the Washington Post, she was awarded the 1990 Pulitzer Prize for International Reporting. She is the author of Passion For Islam. AQAP is now a major security … …This is their danger.”
Saudi oil shock causes extinction Henderson ‘7 (Climate Change, Peak Oil And Nuclear War By Bill Henderson 24 February, 2007 Countercurrents.org A steep spike in the … of pre-emptive nuclear attack.
drone prolif
No norm creation or national security threat from drone prolif – won’t be used by terrorists or in state based conflict Lewis and Crawford 13 – (Michael, Professor of Law at Ohio Northern University Pettit College of Law, and Emily, PhD, post-doctoral fellow and associate at the Sydney Centre for International Law, “Drones and Distinction: How IHL Encouraged the Rise of Drones,” Georgetown Journal of International Law, Vol. 44) Before discussing the legal merits … target individuals across the globe.” 168
China won’t use drones offensively Erickson 13, associate professor – Naval War College, associate in research – Fairbank Centre @ Harvard, 5/23/13 (Andrew, China Has Drones. Now What?", www.foreignaffairs.com/articles/136600/andrew-erickson-and-austin-strange/china-has-drones-now-what) Beijing, however, is unlikely to … with its own drone programme.
Bold predictions of a coming drones … their arrival in large numbers.
No chance of escalation in the Senkakus David A. Beitelman 12, PhD student in Political Science at Dalhousie University and a Doctoral Fellow at the Centre for Foreign Policy Studies in Halifax, Nova Scotia, Canada, September 2012, “Senkaku Islands Dispute: Do Not Believe the Hype, China and Japan Are Not About to Go to War,” http://www.policymic.com/articles/14910/senkaku-islands-dispute-do-not-believe-the-hype-china-and-japan-are-not-about-to-go-to-war But despite the rhetoric and … differences through negotiation, not war.
allies US-EU coop on terror intel is high and inevitable – it’s in their self interest Archick 9-4 (Kristin Archick, European affairs specialist @ CRS, 9-4-2013, “U.S.-EU Cooperation Against Terrorism,” Congressional Research Service, http://www.fas.org/sgp/crs/row/RS22030.pdf) As part of its drive … and to strengthen transport security.
Zero impact to backlash Stephen Holmes 13, the Walter E. Meyer Professor of Law, New York University School of Law, July 2013, “What’s in it for Obama?,” The London Review of Books, http://www.lrb.co.uk/v35/n14/stephen-holmes/whats-in-it-for-obama This is the crux of … rally even modest public support.
Resilient in this context in particular Perry and Dodds 13—Nick Perry, AP Correspondent for New Zealand and the South Pacific, and Paisley Dodds, London Bureau Chief for AP July 16, 2013, “Experts Say US Spy Alliance Will Survive Snowden,” http://www.military.com/daily-news/2013/07/16/experts-say-us-spy-alliance-will-survive-snowden.html WELLINGTON, New Zealand—Britain needed U.S. … to give it up," he said.
No impact to US/European relations Haas 11—president of the CFR Lecturer in public policy, Harvard. DPhill, Oxford (17 June 2011, Richard, Why Europe No Longer Matters, http://www.cfr.org/europerussia/why-europe-no-longer-matters/p25308) Gates sounded a pessimistic note, warning … , Israel, Saudi Arabia and others.
Europe is coming up on a lost decade – they won’t have influence Wright 13 (Thomas Wright, Fellow in the Managing Global Order Project at the Brookings Institution, “Europe’s Lost Decade,” Survival: Global Politics and Strategy, 55:6, 7-28, 12/4/13) DOI: 10.1080/00396338.2013.862934 The strategic implications of a lost … important to find a way out.
US-EU intel legal confrontation now Henry Farrell, WaPo, 10/23/13, The Merkel phone tap scandal paves the way toward E.U.-U.S. confrontation, www.washingtonpost.com/blogs/monkey-cage/wp/2013/10/23/the-merkel-phone-tap-scandal-paves-the-way-toward-e-u-u-s-confrontation/?wprss=rss_politicsandclsrd According to German news magazine, … the United States more likely. On Monday, the European Parliament agreed on new privacy legislation, which included a provision that forbade businesses from giving personal information to U.S. authorities without informing European authorities, and the European citizen affected. The United States had previously successfully lobbied to get this provision deleted; it was reinstated as a result of the Snowden scandal. The European Parliament doesn’t get sole final say on this legislation — it now has to negotiate with Europe’s member states. U.S. politicians and lobbyists have been hoping that they can persuade enough member states to quietly delete the provision yet again. This has suddenly become a lot harder. Merkel would probably personally like to see the provision deleted. Yet it is going to be very hard for her to push that argument, without looking like a sellout to the German public. The French wiretapping scandal is similarly going to harden public opposition in France. Disagreements over spying are usually handled discreetly through back channels. Not this time. Thus — even if Merkel doesn’t … for me to see how.
Dispute is escalating—it collapses relations and overwhelms any increased trust from the plan EuroNews, staff writer, 10/26/13, Europe-US trust, shattered by NSA spying, could take decades to rebuild, www.euronews.com/2013/10/26/europe-us-trust-shattered-by-nsa-spying-could-take-decades-to-rebuild/
The document, from 2006, does not … will take decades to rebuild.”
Multiple alt causes McGill, School of Graduate and Continuing Studies in Diplomacy – Norwich U, and Gray, Campbell University, ‘12 (Anna-Katherine and David, “Challenges to International Counterterrorism Intelligence Sharing,” Global Security Studies, Summer, Volume 3, Issue 3) Indeed, in the aftermath of 9/11 … shoulder-to-shoulder with the U.S.” (Heller 1).
NU – spec ops suck now FEICKERT 7/15/11 (Andrew; Specialist in Military … having a detrimental impact on training.
Retaining the legal option of … that paradigm collapses operational effectiveness Geoffrey Corn 10, Professor of Law and Presidential Research Professor, South Texas College of Law, 2010, “Mixing Apples and Hand Grenades: The Logical Limit of Applying Human Rights Norms to Armed Con?ict,” International Humanitarian Legal Studies 1 (2010) 52–94 Furthermore, while it might be … the focus or proportionality analysis.
*2NC*
Dispute is escalating—it collapses relations and overwhelms any increased trust from the plan EuroNews, staff writer, 10/26/13, Europe-US trust, shattered by NSA spying, could take decades to rebuild, www.euronews.com/2013/10/26/europe-us-trust-shattered-by-nsa-spying-could-take-decades-to-rebuild/
The document, from 2006, does not … will take decades to rebuild.”
Multiple alt causes McGill 12 School of Graduate and Continuing Studies in Diplomacy – Norwich U, and Gray, Campbell University, (Anna-Katherine and David, “Challenges to International Counterterrorism Intelligence Sharing,” Global Security Studies, Summer, Volume 3, Issue 3) Indeed, in the aftermath of 9/11 … shoulder-to-shoulder with the U.S.” (Heller 1).
Link turns the case – nonsensicalness of the aff’s legal idea of “conflict zones” creates sub rosa uses based on legal fictions – the norm they set is bad Geoffrey Corn 13, Professor of Law and Presidential Research Professor, South Texas College of Law, 2013, “Geography of Armed Conflict: Why it is a Mistake to Fish for the Red Herring,” International Legal Studies, 89 INT’L L. STUD. 77 (2013) NOTE: “Sub rosa” denotes secrecy or confidentiality – Wikipedia The law of conflict regulation … based on inapposite legal norms.
Destroys American influence Michael 12 – (2012, George, PhD, Associate Professor of Counterproliferation and Deterrence Theory, USAF Counterproliferation Center, Maxwell AFB, “Strategic Nuclear Terrorism and the Risk of State Decapitation,” Defence Studies Volume 12, Issue 1, 2012, Taylor and Francis) In his book Atomic Obsession: … the area would be killed. During the Cold War, the US government faced the prospect of a decapitating strike. Soviet ‘Yankee’-class submarines, which regularly operated 600 nautical miles from the East Coast of the United States, had the capability of destroying Washington DC, within eight to ten minutes of launching their nuclear missiles. 115 However, an attempted decapitation strike by the Soviet Union would have been an act of irrational desperation insofar as an attack on Washington would not have prevented a devastating series of retaliatory strikes from the US military. 116 To ensure second strike capability, both the United States and the Soviet Union developed plans for the continuity of command and control of nuclear weapons in the event of a decapitation strike. 117 The Continuity of Government (COG) … command of US military forces. 121 In order to avoid the prospect of decapitation, the US government has established plans to evacuate the NCA authorities from Washington DC to a National Airborne Operations Center aircraft and to 96 hardened command bunkers in the Federal Relocation Arc, located about 50 miles or more from the city. 122 The ‘underground White House’ located inside Raven Rock Mountain in Pennsylvania is the home of the Alternative National Military Command Center and is equipped to house the president and other members of the NCA. Another important relocation center –the Western Virginia Office of Controlled Conflict Operations –was established in a man-made cavern within Mount Weather located about 50 miles northwest of Washington DC, just outside Bluemont, Virginia. 123 Though commendable, these plans might … the aftermath of a severe crisis.
The aff is trying to spin the aff as the affirmation of status quo policy – this couldn’t be further from the truth, they formalize a system of ex ante review Daskal 13 - Fellow and Adjunct Professor, Georgetown Center on National Security and the Law University of Penn L. Rev., THE GEOGRAPHY OF THE BATTLEFIELD: A FRAMEWORK FOR DETENTION AND TARGETING OUTSIDE THE "HOT" CONFLICT ZONE, April, 2013, 161 U. Pa. L. Rev. 1165, Lexis The fact that most … outside a zone of active hostilities.
This is a fisc-like-entity Daskal 13 - Fellow and Adjunct Professor, Georgetown Center on National Security and the Law University of Penn L. Rev., THE GEOGRAPHY OF THE BATTLEFIELD: A FRAMEWORK FOR DETENTION AND TARGETING OUTSIDE THE "HOT" CONFLICT ZONE, April, 2013, 161 U. Pa. L. Rev. 1165, Lexis 4. Procedural Requirements Currently, officials … not meet the targeting criteria.
That’s a drone court Vladeck 13 (Steve Vladeck, professor of law and the associate dean for scholarship at American University Washington College of Law, “Why a “Drone Court” Won’t Work–But (Nominal) Damages Might…,” 2/10/13) http://www.lawfareblog.com/2013/02/why-a-drone-court-wont-work/#.UsqDefQW2rE There’s been a fair amount of … Union” on CNN Sunday morning.
This means they don’t solve the aff – no one likes the enforcement mechanism Jeh Johnson 13, former Pentagon General Counsel, 3/18/13, “Keynote address at the Center on National Security at Fordham Law School: A “Drone Court”: Some Pros and Cons,” http://www.lawfareblog.com/2013/03/jeh-johnson-speech-on-a-drone-court-some-pros-and-cons/ But, we must be realistic … criticized in the same way?
Hours matter – courts can’t be fast enough Oliphant 13 -- National Journal deputy magazine editor; citing Gregory McNeal, a counterterrorism expert at Pepperdine University James, “Vetting the Kill List,” 5-30-13, http://www.nationaljournal.com/magazine/vetting-the-kill-list-20130404, accessed 8-16-13 But even among supporters, no … last minute of the operation.”
Operations are barely fast enough now – we’re on the brink Boot 13 – CFR senior fellow Max, Jeane J. Kirkpatrick Senior Fellow in National Security Studies at the Council on Foreign Relations, "A Drone Court is a Terrible Idea," Commentary, 2-11-13, www.commentarymagazine.com/2013/02/11/a-drone-court-is-a-terrible-idea-fisa-terroris/, accessed 8-15-13 Nevertheless creating such a court would … for the District of Columbia. Matt note: paraphrased for ableist language
Advance clearing would be nonsensical – facts change on the ground Taylor 13 (Paul, Senior Fellow at the Center for Policy and Research and an alumnus of Seton Hall Law School and the Whitehead School of Diplomacy and International Relations, "TransparentPolicy - National Security Blog by the Center for Policy and Research at Seton Hall University, March 23, transparentpolicy.org/2013/03/former-dod-lawyer-frowns-on-drone-court/) Johnson also notes that even … facts and obviating this problem.
Review requires two problematic criteria – “imminent threat” and “impossibility of capture”, also they don’t solve backlash Bloomberg 13 (editorial board, February 18, 2013, http://www.bloomberg.com/news/2013-02-18/why-a-drone-court-won-t-work.html) President Barack Obama’s drone war is in danger of becoming an Abu Ghraib-style public-relations nightmare, drawing criticism at home from left and right (and, it seems, even many U.S. troops), spurring angry protests in Pakistan and Yemen, and becoming a recruiting tool for al-Qaeda. Hence the interest in putting … insurmountable practical and constitutional hurdles. As loosely proposed by Senator Angus King of Maine at John Brennan’s confirmation hearings to lead the Central Intelligence Agency, the U.S. could create a system similar to that involving the Foreign Intelligence Surveillance Act, under which a secret court hears government warrant requests for electronic surveillance of suspected foreign intelligence agents in the U.S. Given the ticking-time-bomb … U.S. citizens such as Anwar al-Awlaki.) Such a system would ostensibly have two benefits: increasing the legitimacy of the drone war and placing a check on the executive branch’s power to decide life and death. On closer examination, both advantages prove illusory.
This combination supercharges the link – the executive can’t meet both standards enough ahead of time to make strikes workable Vladeck 13 (Steve, Steve Vladeck is a professor of law and the associate dean for scholarship at American University Washington College of Law. A 2004 graduate of Yale Law School, Steve clerked for Judge Marsha Berzon on the Ninth Circuit and Judge Rosemary Barkett on the Eleventh Circuit. In addition to serving as a senior editor of the Journal of National Security Law and Policy, Steve is also the co-editor of Aspen Publishers’ leading National Security Law and Counterterrorism Law casebooks., "Why a drone Court Won't Work - But (Nominal) Damages Might..."www.lawfareblog.com/2013/02/why-a-drone-court-wont-work/) In my view, the adversity … , just, or remotely reliable decisions.
Speed is a key IL – drone strikes fail without it Klimp et al 10 (JACK W. KLIMP, Lt. General, U.S. Marine Corps (Ret.), JOHN D. ALTENBURG, Major General, U.S. Army (Ret.), JAMES J. CAREY, Rear Admiral, U.S. Navy (Ret.), STEVEN B. KANTROWITZ, Rear Admiral, U.S. Navy (Ret.), NORMAN T. SAUNDERS, Rear Admiral, U.S. Coast Guard (Ret.), THOMAS L. HEMINGWAY, Brigadier General, U.S. Air Force (Ret.), ALFRED L. MICHAUD, Colonel, U.S. Army (Ret.), WILLIAM D. PIVARNIK, Captain, U.S. Navy (Ret.), ERIC ROJO, Colonel, U.S. Army (Ret.), PETER J. REYNIERSE, Commander, U.S. Navy (Ret.), THOMAS A. SMITH, Lt. Colonel, U.S. Army (Ret.), ADRIAN CRONAUER, WASHINGTON LEGAL FOUNDATION, NATIONAL DEFENSE COMMITTEE, AND ALLIED EDUCATIONAL FOUNDATION, 10/4/10, http://ccrjustice.org/files/Al-Aulaqi20v20Obama-20Klimp,20et20al20Amicus.pdf) Amici respectfully submit that this … expertise to undertake such a reexamination.
They get rid of continual reevaluation – strikes will just be dumber and more prone to mistakes Johnson, 13 -- Former Pentagon General Counsel Jeh, American civil, criminal trial lawyer, and General Counsel of the Department of Defense from 2009 to 2012 during the first Obama Administration, "A “Drone Court”: Some Pros and Cons," Lawfare, 3-18-13, www.lawfareblog.com/2013/03/jeh-johnson-speech-on-a-drone-court-some-pros-and-cons/, accessed 8-15-13, mss Next, if the court’s jurisdiction … of continual reevaluation I’m referring to.
This eliminates the ability to use new information Taylor 13 (Paul, Paul is a Senior Fellow at the Center for Policy and Research and an alumnus of Seton Hall Law School and the Whitehead School of Diplomacy and International Relations., "A FISC For Drones?" TransparentPolicy, February 9, transparentpolicy.org/2013/02/a-fisc-for-drones/ I’m not sure that it … to an ex post review.
Framing issue - Judiciary is fundamentally ill-suited to this kind of review, they’ll mess it up Stuart Delery, Principal Deputy Assistant Attorney General Civil Division, 12/14/12, DEFENDANTS’ MOTION TO DISMISS, http://www.lawfareblog.com/wp-content/uploads/2012/12/MTD-AAA.pdf The third and fourth Baker … the courts to second- guess
The rulings would be against the program – can’t satisfy imminence Benjamin McKelvey 11, J.D., Vanderbilt University Law School, November 2011, “NOTE: Due Process Rights and the Targeted Killing of Suspected Terrorists: The Unconstitutional Scope of Executive Killing Power,” Vanderbilt Journal of Transnational Law, 44 Vand. J. Transnat'l L. 1353 Therefore, the President was justified … use of defensive force. n118
And even if the courts don’t force him Obama himself will cut back the program because the courts provide him political cover Oliphant, 13 -- National Journal deputy magazine editor James, “Vetting the Kill List,” 5-30-13, http://www.nationaljournal.com/magazine/vetting-the-kill-list-20130404, accessed 8-16-13, mss Given that reality, shifting the … once put it: “Trust, but verify.”
the Aff creates an “individualized threat requirement”, this is NOT status quo policy and requires proof of “specific” and “imminent” threat, bans all sig strikes Daskal 13 - Fellow and Adjunct Professor, Georgetown Center on National Security and the Law University of Penn L. Rev., THE GEOGRAPHY OF THE BATTLEFIELD: A FRAMEWORK FOR DETENTION AND TARGETING OUTSIDE THE "HOT" CONFLICT ZONE, April, 2013, 161 U. Pa. L. Rev. 1165, Lexis The law of international armed … be individually described and identified.
Sig strikes key – individualized intel isn’t good enough to take out AQ with just targeted strikes Mudd 13 – (5/24, Philip, former senior official at the CIA and the FBI, now director of global risk at SouthernSun Asset Management, “Fear Factor,” Foreign Policy) The impact of armed drones … than the groups can recover.
you’re not, solvency author agrees Jennifer Daskal, Fellow and Adjunct Professor, Georgetown Center on National Security and the Law, Georgetown University Law Center, April 2013, ARTICLE: THE GEOGRAPHY OF THE BATTLEFIELD: A FRAMEWORK FOR DETENTION AND TARGETING OUTSIDE THE "HOT" CONFLICT ZONE, 161 U. Pa. L. Rev. 1165 This Article proposes a way forward, … and the rule of law.
Mueller’s studies are flawed and academically lazy Gusterson 11 (Hugh Gusterson, professor of anthropology and sociology at George Mason University, author of People of the Bomb: Portraits of America’s Nuclear Complex, January/February 2011, “Atomic Escapism?” book review of Mueller’s Atomic Obsession, American Scientist, http://www.americanscientist.org/bookshelf/pub/atomic-escapism)
The most original, incisive and … ignores inconvenient facts and arguments.
*1NR*
First resort - Restricting targeted killing … opportunities for surrender before targeting Laurie R. Blank 12, Director, International Humanitarian Law Clinic, Emory Law School, 2012, “NATIONAL SECURITY: PART II: ARTICLE: TARGETED STRIKES: THE CONSEQUENCES OF BLURRING THE ARMED CONFLICT AND SELF-DEFENSE JUSTIFICATIONS,” William Mitchell Law Review, 38 Wm. Mitchell L. Rev. 1655 In the immediate aftermath of … -CIA director Leon Panetta's explanation, The authority here was to kill bin Laden. And obviously, under the rules of engagement, if he had in fact thrown up his hands, surrendered and didn't appear to be representing any kind of threat, then they were to capture him. But they had full authority to kill him. n100 In contrast, human rights law's … before resorting to lethal force.
Targeted killings using drones are … banning drones everywhere outside Afghanistan Michael W. Lewis 12, Associate Professor of Law at Ohio Northern University Pettit College of Law, Spring 2012, “ARTICLE: SYMPOSIUM: THE 2009 AIR AND MISSILE WARFARE MANUAL: A CRITICAL ANALYSIS: Drones and the Boundaries of the Battlefield,” Texas International Law Journal, p. lexis The legal determination of what … considered illegal everywhere outside Afghanistan.
Drones don’t cause anti-Americanism … it---zero data supports their claims Amitai Etzioni 13, professor of international relations at George Washington University, March/April 2013, “The Great Drone Debate,” Military Review, http://usacac.army.mil/CAC2/MilitaryReview/Archives/English/MilitaryReview_20130430_art004.pdf Other critics argue that drones … public relations purposes seems imprudent.
Drone strikes in Yemen don’t drive AQAP recruiting---even hardline Islamists agree Christopher Swift 12, fellow at the University of Virginia's Center for National Security Law, 7/1/12, “The Drone Blowback Fallacy,” http://www.foreignaffairs.com/articles/137760/christopher-swift/the-drone-blowback-fallacy Al Qaeda exploits U.S. errors, to … mostly about poverty and corruption."
(a) He specifically contrasts Yemen with other zones of hostilities Kenneth Anderson, Professor of Law, Washington College of Law, American University, and Research Fellow, The Hoover Institution, Stanford University and Member of its Task Force on National Security and the Law, 3/18/10, Rise of the Drones: Unmanned Systems and the Future of War, digitalcommons.wcl.american.edu/cgi/viewcontent.cgi?article=1002andcontext=pub_disc_cong Second, the legal rationale offered … relationship to the current situation.
(b) Dworkin also agrees with us Anthony Dworkin 13, senior policy fellow at the European Council on Foreign Relations, “Drones And Targeted Killing: Defining A European Position”, July, http://ecfr.eu/page/-/ECFR84_DRONES_BRIEF.pdf Since the United States carried … ¶ the US has carried out.
Drone strikes solve Al-Qaeda and global terrorism. Byman 13 – (2013, Daniel, Professor in the Security Studies Program at the Edmund A. Walsh School of Foreign Service at Georgetown University and a Senior Fellow at the Saban Center for Middle East Policy at the Brookings Institution, “Why Drones Work,” Foreign Affairs, July/August 2013) NOBODY DOES IT BETTER The Obama administration relies on … best way to eliminate them.
Disrupting safe havens is key to reduce EFFECTIVENESS – drone attacks degrade al-Qaeda core Byman 11 – (6/3, Daniel, Professor in the Security Studies Program at the Edmund A. Walsh School of Foreign Service at Georgetown University and a Senior Fellow at the Saban Center for Middle East Policy at the Brookings Institution, “Denying Terrorist Safe Havens: Homeland Security Efforts to Counter Threats from Pakistan, Yemen and Somalia,” Testimony for the House Committee on Homeland Security, Subcommittee on Oversight, Investigations and Management, http://www.brookings.edu/research/testimony/2011/06/03-terrorism-byman) I. The State of the … themselves than to their enemies.
Congressional oversight of the program … ---the CP solves soft power Gregory McNeal 13, Associate Professor of Law, Pepperdine University, 3/5/13, “Targeted Killing and Accountability,” http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1819583 Congressional oversight of executive branch … we know what “good” oversight is? Amy Zegart argues that defining good oversight is difficult for three reasons.447 First, “‘good’ oversight is embedded in politics and intertwined with policy advocacy on behalf of constituents and groups and their interests.”448 Second, “many agencies are designed with contradictory missions that naturally pull them in different directions as the power of contending interest groups waxes and wanes.”449 Third, “good oversight is hard to recognize because many important oversight activities are simply invisible or impossible to gauge.”450 In a particularly salient example, Zegart notes: Telephone calls, e-mails and other … every aspect of the program.452
Executive transparency combined with Congressional … the overall program---solves legitimacy Jack Goldsmith 12, Harvard Law professor and a member of the Hoover Task Force on National Security and Law, 3/19/12, “Fire When Ready,” http://www.foreignpolicy.com/articles/2012/03/19/fire_when_ready There are at least two … , the president should insist on it.
Aff spills up to further restraint – the legal logic of the aff kills executive flexibility Kenneth Anderson 9, Professor of Law, Washington College of Law, American University, and Research Fellow, The Hoover Institution, Stanford University, 5/11/09, “Targeted Killing in U.S. Counterterrorism Strategy and Law,” http://www.brookings.edu/~/media/research/files/papers/2009/5/1120counterterrorism20anderson/0511_counterterrorism_anderson.pdf Obama was right as a candidate … as a matter of international law.
2NR Mueller’s a tool – manipulates numbers to gain a persuasive effect and doesn’t understand nuclear physics. Zimmerman 09 – (2009, Peter, PhD, experimental nuclear and elementary particle physics, Emeritus Professor of Science and Security at King's College London, former Chief Scientist of the Senate Foreign Relations Committee, “Do We Really Need to Worry? Some Reflections on the Threat of Nuclear Terrorism,” Defence Against Terrorism Review Vol. 2, No. 2, Fall 2009, 1-14)
Mueller chooses another set of … torture followed by a gruesome death.
a. Interpretation and violation---the affirmative should defend the desirability of topical action
Most predictable—the agent and … a debate about hypothetical government action Jon M Ericson 3, Dean Emeritus of the College of Liberal Arts – California Polytechnic U., et al., The Debater’s Guide, Third Edition, p. 4 The Proposition of Policy: Urging … future action that you propose.
“Resolved” is legislative Jeff Parcher 1, former debate coach at Georgetown, Feb 2001 http://www.ndtceda.com/archives/200102/0790.html Pardon me if I turn to a … course, are answers to a question.
A general subject isn’t enough—… order to promote effective exchange Steinberg and Freeley 13, * David, Lecturer in Communication studies and rhetoric. Advisor to Miami Urban Debate League. Director of Debate at U Miami, Former President of CEDA. And Austin, attorney who focuses on criminal, personal injury and civil rights law, JD, Suffolk University, Argumentation and Debate, Critical Thinking for Reasoned Decision Making, 121-4 Debate is a means of settling … outlined in the following discussion.
b. Vote neg
Preparation and clash—changing the topic post facto manipulates balance of prep, which structurally favors the aff because they speak last and permute alternatives—they get to choose the grounds of engagement and aren’t forced to pick a controversial topic – resolutions are chosen because they aren’t defacto good or bad – their world has no such constraint--strategic fairness is key to engaging a well-prepared opponent and is a prior question for a competitive activity
Topical fairness requirements are key to meaningful dialogue—monopolizing strategy and prep makes the discussion one-sided and subverts any meaningful neg role Ryan Galloway 7, Samford Comm prof, Contemporary Argumentation and Debate, Vol. 28, 2007 Debate as a dialogue sets an … dialogical benefits of topical advocacy.
2. Substantive constraints on the debate are key to actualize effective pluralism and agonistic democracy John Dryzek 6, Professor of Social and Political Theory, The Australian National University, Reconciling Pluralism and Consensus as Political Ideals, American Journal of Political Science,Vol. 50, No. 3, July 2006, Pp. 634–649 A more radical contemporary pluralism … rightfully belongs in democratic debate.
The impact outweighs—deliberative debate models impart skills vital to respond to existential threats Christian O. Lundberg 10 Professor of Communications @ University of North Carolina, Chapel Hill, “Tradition of Debate in North Carolina” in Navigating Opportunity: Policy Debate in the 21st Century By Allan D. Louden, p. 311 The second major problem with … and use other Web resources: To analyze the self-report ratings of the instructional and control group students, we first conducted a multivariate analysis of variance on all of the ratings, looking jointly at the effect of instmction/no instruction and debate topic . . . that it did not matter which topic students had been assigned . . . students in the Instnictional debate) group were significantly more confident in their ability to access information and less likely to feel that they needed help to do so----These findings clearly indicate greater self-efficacy for online searching among students who participated in (debate).... These results constitute strong support for the effectiveness of the project on students' self-efficacy for online searching in the academic databases. There was an unintended effect, however: After doing ... the project, instructional group students also felt more confident than the other students in their ability to get good information from Yahoo and Google. It may be that the library research experience increased self-efficacy for any searching, not just in academic databases. (Larkin 2005, 144) Larkin's study substantiates Thomas Worthcn … democracy in an increasingly complex world.
Guidelines for dialogue are intersubjectively possible and are necessary to cultivate democratic habits and political judgment---the affirmative’s rejection of normative constraints goes too far Jean-Michel Heimonet 9, Professor of French, American Catholic U, THE SACRED: MYSTICISM AND PRAGMATISM, THE MAJOR TRENDS IN CONTEMPORARY THEORY, http://www.crvp.org/book/Series07/VII-6/chapter-6.htm Beginning with Foucault these were … of results in daily life.
2 THE AFF IS A SENTIMENTAL POLITICS WHICH PROMISES THAT EMPATHETIC IDENTIFICATION WILL RESHAPE THE WORLD AND ACTUALIZE AN ETHICS OF CARE. THE AFF IMAGINES THAT BRINGING THE SUFFERING PRISONER’S BODY INTO THE DEBATE SPACE BECOMES A PROPHYLACTIC FROM OUR VIOLENCE TOWARD OTHERS AND STATE VIOLENCE TOWARD THOSE. POLITICIZING THIS VIOLENCE RELIES ON A RACIST VICTIM ECONOMY IN WHICH BLACK, BROWN AND RED BODIES ARE VAMPIRICALLY DRAINED OF LIFE, MADE TO DANCE FOR A INFINITELY DEFERRED FREEDOM, ALL WHILE ACADEMICS EXTRACT JOUISSANCE AND ADVANCEMENT FROM THEIR OBJECTIFIED IDENTITIES. Berlant ‘98 /Lauren, George M. Pullman Professor, Department of English, University of Chicago, “Poor Eliza,” American Literature, Vol. 70, No. 3, No More Separate Spheres! (Sep., 1998), Duke University Press, pg. 635-668/ What distinguishes these critical texts … overpresence of the stereotypical image.
THE AFF’S PRESENTATION OF SUFFERING CREATES A MARKETPLACE OF TRAUMA, TRANSFORMING WOUNDS INTO A COMMODITY FOR WESTERN CONSUMPTION. THEIR POLITICS OF MOURNING EXISTS BY TURNING THE OTHER INTO A DEAD OBJECT THROUGH WHICH WE CAN CONSTRUCT A SENTIMENTAL ECONOMY OF PLEASURE AND PACIFICATION. THE AFF IS EMPATHETIC IDENTIFICATION AS DEATHMAKING WHICH ENSURES THE SMOOTH FUNCTIONING OF IMPERIALISM. THEIR FANTASY OF CHANGE THROUGH INVESTMENT IN THE LAW SHIELDS CRITICISM AND GUISES VIOLENCE. Berlant ‘99 /Lauren, George M. Pullman Professor, … for sustaining the hegemonic field.9
THE SUDDEN DISCOVERY OF TRIBAL HERITAGE IS NOT THE PASSPORT TO KNOWLEDGE THAT THE 1AC CLAIMS – THE “INDIAN BADGE” IS PART AND PARCEL OF A COMMODIFICATION AND ACADEMICIZATION OF TRIBAL LIFE THAT OBSCURES THE ACTUAL SURVIVANCE OF INDIGENOUS AND CAUSES ITS OWN FORM OF AMNESIA Vizenor ‘94 (Gerald, Distingished Prof. of American Studies @ U. of New Mexico, Prof. Emeritus, U. of California, Berkeley, Manifest Manners, pp. 60-62) The concerted creations of tribal … in the literatures of dominance.
WE MUST REFUSE THE POLITICS OF LIBERALISM AND THE ECONOMIZATION OF INJURY AND SUFFERING. NOTHING SHORT OF AN OUTRIGHT REJECTION OF THE ENTIRETY OF LIBERALISM – ETHICS, AESTHETICS AND POLITICS – WILL BE SUFFICIENT. OUR POLITICS DOES NOT IGNORE THE VIOLENCE OF THE WORLD, IT REFUSES A PARTICULAR SET OF REPRESETATIONS AND VALUES WHICH ENFRAME SAID SUFFERING AGAINST THE MOVEMENT OF BECOMING, OF LIFE. THE ALTERNATIVE DOES NOT WISH AWAY SUFFERING, NOR CAN IT RESOLVE ALL OF THE VIOLENCE OF MODERNITY, BUT IT CAN OPEN US UP TO EXPERIENCING THE WORLD, NOT AS ZOMBIES OR VAMPIRES, BUT AS CREATURES OF LIFE. Abbas ‘10 /Asma, Professor and Division … , desire, hope, and life itself.
case
Their front-loading of critical consciousness building actively prevents decolonization and material change Tuck and Yang (State University of New York at New Paltz; University of California, San Diego) 12 (Eve and K. Wayne, Decolonization is not a metaphor, Decolonization: Indigeneity, Education and Society Vol. 1, No. 1, 2012, pp. 1-40) Fanon told us in 1963 that … rest (your ass) will follow.”
The Aff’s strategy of consciousness raising is part of a flawed strategy of liberal anti-racism that reproduces settler colonialism Journal of Asian Liberation 12 (SUNDAY, DECEMBER 16, Asians Against White Supremacy, On the origins of anti-Asian racism and how we have fought back by the Editors of JALAN Journal of Asian Liberation, http://illethegal.tumblr.com/post/38096140723/asians-against-white-supremacy-by-jalan-journal-of) That’s why liberal strategies of “… well as in other articles.
*2NC*
Don’t do it Baudrillard ‘3 /Jean, Fragments, 106-111/ On the … the best of all worlds
The academic appropriation of native perspectives is a form of educational colonialism which steals the last remnants of their identity – we must reject the aff’s voyeuristic journey through native epistemology. Collier-Wise 2010 /Kelsey, Executive Director at United Way of Vermillion Alderwoman at City of Vermillion Past Adjunct Professor at The University of South Dakota Communications Assistant at Plains Justice IAIS Associate, Institute of American Indian Studies at University of South Dakota, “IDENTITY THEFT: A SEARCH FOR LEGAL PROTECTIONS OF INTANGIBLE INDIGENOUS CULTURAL PROPERTY” Great Plains Natural Resources Journal, Spring, Lexis/ Even if appropriation of Native … the process of cultural destruction. 29
This process of appropriation through empathetic identification with the other is the root cause of colonial violence. Waldenfels 1995 /Bernhard, professor of philosophy at Ruhr University in Bochum, Germany, “Response to the Other,” in The Psychology of Human Possibility and Constraint: Studies in Literature, History, and Culture, google books, 37-8/ It has often been claimed … the appropriation of the world.
The affirmative’s belief that radical human interconnectedness can establish a hopeful ethics of care premised on epistemological explorations of the others suffering is a mask for colonial domination. Nayar 2013 /Jayan Nayar, PhD from the University of Cambridge, Department of Law at the University of Warwick, February 2013, “The Politics of Hope and the Other-in-The-World: Thinking Exteriority,” Law and Critique Volume 24 Issue 1, http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2001975/ Andrew Linklater’s contemplations on the … the brutal faces of domination.27
The attempt to include a rejection and problematization of liberalism and still endorse the aff reaffirms a belief in a responsible agent that reduces politics to morality and still relies on a venomous and imperial compassion. we must reject liberalism writ large if we are to avoid its ability to co-opt criticism and reduce it to a footnote Abbas 2010 /Asma, Professor and Division … these as the only options.
Their front-loading of critical consciousness building actively prevents decolonization and material change Tuck and Yang (State University of New York at New Paltz; University of California, San Diego) 12 (Eve and K. Wayne, Decolonization is not a metaphor, Decolonization: Indigeneity, Education and Society Vol. 1, No. 1, 2012, pp. 1-40) Fanon told us in 1963 that … rest (your ass) will follow.”
their demand for the ballot … and reinforcing the status quo. Bystrom 2012 /Kerry L. is Assistant Professor of English and Director of the Research Program on Humanitarianism at the Human Rights Institute, University of Connecticut, Storrs, "Spectacular Rhetorics: Human Rights Visions, Recognitions, Feminisms (review)." Human Rights Quarterly 34.4 (2012): 1214-1217. Project MUSE/ *gender modified Over the past decade, a growing … , thought, and celebration. End Page 1217
tying ones academic and competitive success to the use of the others suffering locks-in an investment in the oppression of the other. Chow 93 (Rey Chow, Professor of English 0061nd Comparative Literature, and Director of the Comparative Literature Program at the University of California, Writing Diaspora: tactics of intervention in contemporary cultural studies, pp 12-15, http://www.jonvonkowallis.com/readers/CHIN2400/475-493-Rey_Chow-Tactlcs_of_Intervention_in_Contemporary_Cultural_Studies.pdf)//A- berg *gender modified In the 1980s and 1990s, … productivity of this overdetermined circuit?
1/20/14
Fullerton Round 6
Tournament: Fullerton | Round: 6 | Opponent: Northwestern OBrien-Shakoor | Judge: Smelko *1NC* 1 Statutory Restriction is legislation to … , plan doesn’t directly limit strikes Black’s Law Dictionary 2013 (Date is date accessed, Aug 13, http://thelawdictionary.org/statutory-restriction/#ixzz2bsSCuBEj) Limits or controls that have been place on activities by its ruling legislation.
Restrict refers to an active policy to limit an action- the plan only creates a disincentive for drone strikes RCIP 2002 (Riverside County Integrated Project, “County of Riverside General Plan - Hearing Draft,” p I-12, http://www.rcip.org/general_plan_01_toc.htm) Restrict: Policies containing the word “… the undesired action to a minimum.
Authority refers to powers legally ascribed to the president Collins English Dictionary 2003 (http://www.thefreedictionary.com/authority) 10. (Law) Law a. a judicial decision, statute, or … a person to perform a specified act
Targeted killing is extra-judicial killing of a specifically identified person not in custody Murphy and Radsan 09 – (2009, Richard, ATandT Professor of Law, Texas Tech University School of Law, and Afsheen John, Professor, William Mitchell College of Law, general counsel at the CIA, 2002-2004, “DUE PROCESS AND TARGETED KILLING OF TERRORISTS,” Cardozo Law Review, Vol. 31:2, google scholar) “Targeted killing” is extra-… continued into the Obama Administration.
They have to restrict the … without ruling any options out
Limits- they allow policy that … the lid off the topic
Ground- undermines core generics because it doesn’t remove any presidential options- slants side bias
2 Text: The Executive Branch of the United States should assign review of drone operations to the Intelligence Advisory Board to establish their efficacy and justifiability ex post. The Executive Branch should request Congressional rules for the reviews, including who will carry out the reviews and requiring periodic reports to its committees and the public.
3 The United States federal government should clarify that the first use of drones is only acceptable either in self-defense or in response to an attack by a non-state actor located within a state when that state has consented to the United States’ carrying out targeted killing operations within the state’s borders or that state is unwilling or unable to neutralize such actors. The United States federal government should shift targeted killing to title 10 military authority. The United States federal government should cease the development and deployment of ballistic missile defense.
Congress affirming legality and declaring the right to use drones in self-defense solves the case and avoids a partisan backlash- there is universal support for drone usage in national security contexts. Anderson ‘10 Kenneth Anderson, Professor of Law, Washington College of Law, American University, and Research Fellow, The Hoover Institution, Stanford University and Member of its Task Force on National Security and the Law, 3/18/10, Rise of the Drones: Unmanned Systems and the Future of War, digitalcommons.wcl.american.edu/cgi/viewcontent.cgi?article=1002andcontext=pub_disc_cong • Fourth, Congress has vital … , and very legitimate sovereign state.
4 Will pass --- avoiding new controversies is key Eubank 1-1 (Andy,- Vice President of Operations at Hoosier Ag Today, 30 years of experience as Vice President and General Manager Logansport Radio Corp-WSAL and WLHM “Hope for Farm Bill Agreement by Mid January”) Optimism remains high for completing a … agriculture desperately wants to avoid.
Having to defend authority derails the current agenda Kriner 10 Douglas L. Kriner (assistant professor of political science at Boston University) “After the Rubicon: Congress, Presidents, and the Politics of Waging War”, University of Chicago Press, Dec 1, 2010, page 68-69. While congressional support leaves the … him in the international arena.
Capital is key Eva Clayton 11/5/13, former Assistant Director General of the UN FAO, “Congressional and Presidential Leadership Needed for a Fair and Equitable Farm Bill,” http://www.huffingtonpost.com/eva-m-clayton/congressional-and-presidential_b_4221884.html Congressional and Presidential Leadership Needed … suffer disproportionately without a signed bill.
Key to prevent trade war with Brazil AgriPulse ’13 (“U.S. cotton payments to Brazil may end due to lack of farm bill, Vilsack says”) WASHINGTON, Aug. 7, 2013 - Top U.S. agriculture officials … resolves the long-term dispute. “Absent a farm bill, we won't be able to make payments,” Vilsack said. “They obviously indicated that their patience with the United States is not limitless.” He said Brazil expects the … , but other U.S. exports as well. “I'm sure other industries in the United States are not going to appreciate the fact that they're going to get dinged because Congress didn't complete their work,” Vilsack said. In 2009, the World Trade Organization (… agricultural goods, automobiles and chemicals.
The impact is US Competitiveness, Science Leadership, US Economy, Brazil Economy, Global Economy Kogan ’06 (Lawrence,- CEO Institute Trade Standardards and Sustainable Development, Int’l J Economic Development, July, http://findarticles.com/p/articles/mi_qa5479/is_1-2_8/ai_n29431939?tag=content;col1) "... Some in Brazil express … other nation in the world." (114 115) Brazil is clearly at a crossroads. As an emerging economy and an aspiring regional (116 117) and global (118) power possessing great potential, it is obliged to exercise prudence and responsibility in its international affairs. It has the option of following the proven path towards innovation and economic growth, or of riding populist appeals down the slippery slope of IP opportunism. It is time for the Brazilian government to transcend its IP identity crisis and evolve--to choose the right path for the benefit of both its citizens and the world, before it is too late.
Global war Austin ‘09 (Michael, Resident Scholar – American Enterprise Institute, and Desmond Lachman, Resident Fellow – American Enterprise Institute, “The Global Economy Unravels”, Forbes, 3-6, http://www.aei.org/article/100187) Conversely, global policymakers do not … that coalesce into a big bang.
5 Aff introduces judicial activism into targeted killing – destroys military effectiveness and ruins targeted killing program Klimp et al 10 (JACK W. KLIMP, Lt. General, U.S. Marine Corps (Ret.), JOHN D. ALTENBURG, Major General, U.S. Army (Ret.), JAMES J. CAREY, Rear Admiral, U.S. Navy (Ret.), STEVEN B. KANTROWITZ, Rear Admiral, U.S. Navy (Ret.), NORMAN T. SAUNDERS, Rear Admiral, U.S. Coast Guard (Ret.), THOMAS L. HEMINGWAY, Brigadier General, U.S. Air Force (Ret.), ALFRED L. MICHAUD, Colonel, U.S. Army (Ret.), WILLIAM D. PIVARNIK, Captain, U.S. Navy (Ret.), ERIC ROJO, Colonel, U.S. Army (Ret.), PETER J. REYNIERSE, Commander, U.S. Navy (Ret.), THOMAS A. SMITH, Lt. Colonel, U.S. Army (Ret.), ADRIAN CRONAUER, WASHINGTON LEGAL FOUNDATION, NATIONAL DEFENSE COMMITTEE, AND ALLIED EDUCATIONAL FOUNDATION, 10/4/10, http://ccrjustice.org/files/Al-Aulaqi20v20Obama-20Klimp,20et20al20Amicus.pdf) Amici respectfully submit that this … expertise to undertake such a reexamination.
Judicial review would result in … of force in self-defense Benjamin McKelvey 11, J.D., Vanderbilt University Law School, November 2011, “NOTE: Due Process Rights and the Targeted Killing of Suspected Terrorists: The Unconstitutional Scope of Executive Killing Power,” Vanderbilt Journal of Transnational Law, 44 Vand. J. Transnat'l L. 1353 In the alternative, and far … use of defensive force. n118
Aggressive CT to disrupt senior AQ leadership is the key internal link to nuclear terror attacks – need to stop the planning process. Montgomery 09 – (2009, Evan Braden, Research Fellow, has published on a range of issues, including alliance politics, nuclear terrorism, military doctrine, and political revolutions, Center for Strategic and Budgetary Assessments, MA in Foreign Affairs, PhD Candidate at UVA, “Nuclear Terrorism: Assessing the Threat, Developing a Response,” http://www.dtic.mil/cgi-bin/GetTRDoc?AD=ADA506768) The second major implication addresses … the future has correspondingly increased.
Nuclear terror causes accidental US-Russia nuclear war. Barrett et al. 2013 – (6/28, Anthony, PhD, Engineering and Public Policy from Carnegie Mellon University, Director of Research, Global Catastrophic Risk Institute, Fellow in the RAND Stanton Nuclear Security Fellows Program, Seth Baum, PhD, Geography, Pennsylvania State University, Executive Director, GCRI, Research Scientist at the Blue Marble Space Institute of Science, former Visiting Scholar position at the Center for Research on Environmental Decisions at Columbia University, and Kelly Hostetler, Research Assistant, GCRI, “Analyzing and Reducing the Risks of Inadvertent Nuclear War Between the United States and Russia,” Science and Global Security 21(2): 106-133, pre-print, available online) War involving significant fractions of … to misinterpret events as attacks.16
Drones solve Pakistani instability. Curtis 13 – (7/16, Lisa, Senior Researcher, Heritage Foundation, “Pakistan Makes Drones Necessary,” http://www.heritage.org/research/commentary/2013/7/pakistan-makes-drones-necessary) Drones Help Pakistan It is no secret that … judicious use of drone strikes. Complicated Relationship The U.S. will need to keep a … groups like the Haqqani Network.
Drones are the only barrier to insurgent takeover – no alternatives Vira 12 – (10/12, Varun, researcher and anayst, Small Wars Journal, author of an extensive report on Pakistan by the Center for Strategic and International Studies, “Anti-Drone Hysteria in Pakistan Obscures Governance Failures,” World Politics Review, http://www.worldpoliticsreview.com/articles/12415/anti-drone-hysteria-in-pakistan-obscures-governance-failures) Though drones are not ideal, … themselves that continue to suffer.
Drones solve Yemeni stability – stop AQAP, give time for a governance structures to emerge, and eliminate the need for a full intervention Terrill 13 – (3/13, W. Andrew, PhD, Strategic Studies Institute's Middle East specialist, formerly with the Lawrence Livermore National Laboratory and US Air War College, “Op-Ed: Drones Are Making A Difference In Yemen,” http://www.strategicstudiesinstitute.army.mil/index.cfm/articles/Drones-Are-Making-A-Difference-In-Yemen/2013/03/13) Unmanned aerial vehicles (often known … drones as a war-winning system. The 2011 death of AQAP planner Anwar al-Awlaki in an apparent drone strike is especially informative. Despite Awlaki’s U.S. citizenship, President Obama was reported by Newsweek to have considered him a higher priority for capture or elimination than Ayman al-Zawahiri, bin Laden’s replacement as the leader of “al-Qaeda central.” Federal prosecutors, in a case involving an alleged Awlaki associate, maintain that he was the mastermind behind a variety of terrorist activities including the 2009 “Christmas bomber” plot. In this instance, a terrorist operative and Awlaki “student” sought to blow up a passenger aircraft traveling from Amsterdam to Detroit with 280 passengers aboard. The unsuccessful bombing scheme appears … much more frightening choices later.
6 Plaintiffs can’t bring suits AND the aff requires repeal of the state secrets privilege Murphy and Radsan 9 – (2009, Richard, ATandT Professor of Law, Texas Tech University School of Law, and Afsheen John, Professor, William Mitchell College of Law, general counsel at the CIA, 2002-2004, “DUE PROCESS AND TARGETED KILLING OF TERRORISTS,” Cardozo Law Review, Vol. 31:2, google scholar) But as the dissenting judge … executive authority is most necessary.
Turns terrorism and heg Turner 9 – (2009, Robert, Professor, University of Virginia (General Faculty), and Associate Director of the Center for National Security Law, Former Charles H. Stockton Professor of International Law at the Naval War College and chair of the ABA Standing Committee on National Security, “THE CONSTITUTIONAL FOUNDATION FOR FACT DEFERENCE IN NATIONAL SECURITY CASES,” VIRGINIA LAW REVIEW IN BRIEF VOLUME 95 DECEMBER 7,2009 PAGES 87-96)
Even where the Constitution has … our military forces at war.
Kills heg Robert Blomquist 10, Professor of Law, Valparaiso University School of Law, THE JURISPRUDENCE OF AMERICAN NATIONAL SECURITY PRESIPRUDENCE, 44 Val. U.L. Rev. 881 Supreme Court Justices--along with … , and defend the Nation. n22 *886 B. Geopolitical Strategic Considerations Bearing on Judicial Interpretation Before the United States Supreme Court Justices form an opinion on the legality of national security decisions by the POTUS, they should immerse themselves in judicially-noticeable facts concerning what national security expert, Bruce Berkowitz, in the subtitle of his recent book, calls the "challengers, competitors, and threats to America's future." n23 Not that the Justices need to become experts in national security affairs, n24 but every Supreme Court Justice should be aware of the following five basic national security facts and conceptions before sitting in judgment on presiprudential national security determinations. (1) "National security policy . . . is … themselves with regional powers." n27 (2) "Yet, as worrisome as these immediate concerns may be, the long-term challenges are even harder to deal with, and the stakes are higher. Whereas the main Cold War threat--the Soviet Union--was brittle, most of the potential adversaries and challengers America now faces are resilient." n28 (3) "The most important task … advantage, they do not." n30 (4) While "keeping the strategic advantage may not have the idealistic ring of making the world safe for democracy and does not sound as decisively macho as maintaining American hegemony," n31 maintaining the American "strategic advantage is critical, because it is essential for just about everything else America hopes to achieve--promoting freedom, protecting the homeland, defending its values, preserving peace, and so on." n32 (5) The United States requires … focus its own resources." n34 *888 As further serious preparation for engaging in the jurisprudence of American national security presiprudence in hotly contested cases and controversies that may end up on their docket, our Supreme Court Justices should understand that, as Walter Russell Mead pointed out in an important essay a few years ago, n35 the average American can be understood as a Jacksonian pragmatist on national security issues. n36 "Americans are determined to keep the world at a distance, while not isolating ourselves from it completely. If we need to take action abroad, we want to do it on our terms." n37 Thus, recent social science survey data paints "a picture of a country whose practical people take a practical approach to knowledge about national security. Americans do not bother with the details most of the time because, for most Americans, the details do not matter most the time." n38 Indeed, since the American people "do know the outlines of the big picture and what we need to worry about in national security affairs so we know when we need to pay greater attention and what is at stake. This is the kind of knowledge suited to a Jacksonian." n39 Turning to how the Supreme … his national security executive subordinates.
7 International climate agreement and domestic … is judicially enforced climate action Borden 10-1 (Theresa, "A glboal solution to climate change: the possible impact of Bond v. United States," Harvard Environmental LAw Review, www3.law.harvard.edu/journals/elr/2013/10/01/bondvus/) New legislation to deal with … against completely ignoring the possibility.
The plan makes war powers a … that breaks the entire doctrine Miller 10 (Mathew Edwin, JD – University of Michigan Law School, Associate – Latham and Watkins LLP, “The Right Issue, the Wrong Branch: Arguments against Adjudicating Climate Change Nuisance Claims,” Michigan Law Review, November, 109 Mich. L. Rev. 257, Lexis) However, to say that … injunctive climate nuisance claims generally. Continues to Footnore n75. This Note does not … scope of the present discussion.
Erosion of the PQD crushes international coordination that’s necessary to solve climate change Tribe 10 (Laurence H., the Carl M. Loeb University Professor, Harvard Law School; Joshua D. Branson, J.D., Harvard Law School and NDT Champion, Northwestern University; and Tristan L. Duncan, Partner, Shook, Hardy and Bacon L.L.P., January 2010, “TOOHOTFORCOURTSTO HANDLE: FUEL TEMPERATURES, GLOBAL WARMING, AND THE POLITICAL QUESTION DOCTRINE,” http://www.wlf.org/Upload/legalstudies/workingpaper/012910Tribe_WP.pdf) The second argument that underlies … for how we govern ourselves.
Impact is extinction Sify 2010 – Sydney newspaper citing Ove Hoegh-Guldberg, professor at University of Queensland and Director of the Global Change Institute, and John Bruno, associate professor of Marine Science at UNC (Sify News, “Could unbridled climate changes lead to human extinction?”, http://www.sify.com/news/could-unbridled-climate-changes-lead-to-human-extinction-news-international-kgtrOhdaahc.html, WEA) The findings of the comprehensive … the world's leading marine scientists. One of the authors of the report is Ove Hoegh-Guldberg, professor at The University of Queensland and the director of its Global Change Institute (GCI). 'We may see sudden, unexpected … of cigarettes a day!,' he added. 'We are entering a period in which the ocean services upon which humanity depends are undergoing massive change and in some cases beginning to fail', he added. The 'fundamental and comprehensive' changes … 'unprecedented in nearly a million years'. 'This is causing fundamental and comprehensive changes to the way marine ecosystems function,' Bruno warned, according to a GCI release. These findings were published in Science
accountability No data supports the blowback or radicalization thesis Michael Aaronson 13, Professorial Research Fellow and Executive Director of cii – the Centre for International Intervention – at the University of Surrey, and Adrian Johnson, Director of Publications at RUSI, the book reviews editor for the RUSI Journal, and chair of the RUSI Editorial Board, “Conclusion,” in Hitting the Target?: How New Capabilities are Shaping International Intervention, ed. Aaronson and Johnson, http://www.rusi.org/downloads/assets/Hitting_the_Target.pdf Unintended detrimental consequences of intervention – ‘… the strategic conduct of intervention.
Drones don’t cause anti-Americanism … it---zero data supports their claims Amitai Etzioni 13, professor of international relations at George Washington University, March/April 2013, “The Great Drone Debate,” Military Review, http://usacac.army.mil/CAC2/MilitaryReview/Archives/English/MilitaryReview_20130430_art004.pdf Other critics argue that drones … public relations purposes seems imprudent.
Drone strikes in Yemen don’t drive AQAP recruiting---even hardline Islamists agree Christopher Swift 12, fellow at the University of Virginia's Center for National Security Law, 7/1/12, “The Drone Blowback Fallacy,” http://www.foreignaffairs.com/articles/137760/christopher-swift/the-drone-blowback-fallacy Al Qaeda exploits U.S. errors, to … mostly about poverty and corruption."
1 – no ev about ex post review - Ex post review doesn’t solve legitimacy or set up a legal framework Crandall 12 (Carla, Law Clerk – Supreme Court of Missouri, “Ready…Fire…Aim! A Case for Applying American Due Process Principles Before Engaging in Drone Strikes,” Florida Journal of International Law, April, 24 Fla. J. Int'l L. 55, Lexis) Despite the expanded use of … in such actions. Part V concludes.
The first point is I'm … United States in this area.
Squo solves without compromising national security Yoo 13 (John Yoo, February 7, 2013, professor of law at the University of California, Berkeley, School of Law since 1993 and a visiting scholar at AEI since 2003, The real problem with Obama's drone memo, http://www.aei.org/article/foreign-and-defense-policy/defense/the-real-problem-with-obamas-drone-memo/) Despite the hue and cry, Mr. … consider 9/11 an act of war. Once elected, Mr. Obama declared in a 2009 speech: "The decisions that were made over the last eight years established an ad hoc legal approach for fighting terrorism that was neither effective nor sustainable." The Bush policies failed, he said, "to rely on our legal traditions and our time-tested institutions" and also failed "to use our values as a compass." This mind-set is reflected … govern policemen on the beat. The Bill of Rights establishes a careful set of rules for police conduct. Officers can use deadly force only when there is probable cause to believe a suspect will imminently cause serious bodily harm. The legal system doesn't generally allow the government to stop the potentially dangerous before they commit crimes. The military's mission is quite … from Iraq and now Afghanistan.
Laundry list of international developments causing erosion beyond the aff Goodman – Their Author – 9 (Anne and Joel Ehrenkranz Professor of Law, New York University School of Law, December 2009, CONTROLLING THE RECOURSE TO WAR BY MODIFYING JUS IN BELLO, Yearbook of International Humanitarian Law / Volume 12) This essay explores a series of … threats to the separation principle.
No war – unwinable for both sides and the costs of nuclear war are too high Chari and Rizvi 08 – (*P. R. Chari is a research professor at the Institute for Peace and Conflict Studies in New Delhi and a former member of the Indian Administrative Service. Hasan Askari Rizvi is an independent political and defense consultant in Pakistan and is currently a visiting professor with the South Asia Program of the School of Advanced International Studies, Johns Hopkins University. “Making Borders irrelevant in Kashmir” http://www.usip.org/files/resources/sr210.pdf)
The Kashmir dispute has reached … movement of people and goods.
Best assessments go neg---their authors cook the books Brian Glyn Williams 11, Associate Professor of Islamic History at the University of Massachusetts-Dartmouth, March 2011, “Accuracy of the U.S. Drone Campaign: The Views of a Pakistani General,” CTC Sentinel, Vol. 4, No. 3, http://www.brianglynwilliams.com/pdfs/Williams-nearfinal.pdf In all of the above … also relied on press reports.11
This potential of drones to … Afghan people any appreciable concern.
Authoritarian states don’t follow norms McGinnis 7 John O. McGinnis 7, Professor of Law, Northwestern University School of Law. Ilya Somin Assistant Professor of Law, George Mason University School of Law. GLOBAL CONSTITUTIONALISM: GLOBAL INFLUENCE ON U.S. JURISPRUDENCE: Should International Law Be Part of Our Law? 59 Stan. L. Rev. 1175 The second benefit to foreigners … law to trump domestic law.
Laundry list of international developments causing erosion beyond the aff Goodman – Their Author – 9 (Anne and Joel Ehrenkranz Professor of Law, New York University School of Law, December 2009, CONTROLLING THE RECOURSE TO WAR BY MODIFYING JUS IN BELLO, Yearbook of International Humanitarian Law / Volume 12) This essay explores a series of … threats to the separation principle.
No Indo Pak war – unwinnable for both sides and the costs of nuclear war are too high Chari and Rizvi 8 – (*P. R. Chari is a research professor at the Institute for Peace and Conflict Studies in New Delhi and a former member of the Indian Administrative Service. Hasan Askari Rizvi is an independent political and defense consultant in Pakistan and is currently a visiting professor with the South Asia Program of the School of Advanced International Studies, Johns Hopkins University. “Making Borders irrelevant in Kashmir” http://www.usip.org/files/resources/sr210.pdf)
The Kashmir dispute has reached … movement of people and goods.
Persistent instability means nuclear terror escalates to war. Freilich 10 – (2010, Chuck, PhD, Senior Fellow at the International Security Program, Harvard Kennedy School, Adjunct Professor at New York University, former Deputy National Security Adviser in Israel, “The Armageddon Scenario: Israel and the Threat of Nuclear Terrorism,” THE BEGIN-SADAT CENTER FOR STRATEGIC STUDIES BAR-ILAN UNIVERSITY, Mideast Security and Policy Studies No. 84, http://www.biu.ac.il/SOC/besa/MSPS84.pdf) The Middle East is a demographic, … rise to more nuclear terrorism.24
Blame-dodging- plan creates political incentives that deter strikes in the first place Obama himself will cut back the program because the courts provide him political cover Oliphant, 13 -- National Journal deputy magazine editor James, “Vetting the Kill List,” 5-30-13, http://www.nationaljournal.com/magazine/vetting-the-kill-list-20130404, accessed 8-16-13, mss Given that reality, shifting the … once put it: “Trust, but …. verify.”
Precedent- drone court snowballs Boot, 13 – CFR senior fellow Max, Jeane J. Kirkpatrick Senior Fellow in National Security Studies at the Council on Foreign Relations, "A Drone Court is a Terrible Idea," Commentary, 2-11-13, www.commentarymagazine.com/2013/02/11/a-drone-court-is-a-terrible-idea-fisa-terroris/, accessed 8-15-13, mss
Nevertheless creating such … Court of Appeals for the District of Columbia.
Immanence standard fails – by the time a court would agree a threat is imminent it’d be too late to stop an attack – causes bioweapon use John Yoo 12, Professor of Law, University of California at Berkeley, School of Law; Visiting Scholar, American Enterprise Institute, 2011/12, “Assassination or Targeted Killings After 9/11,” New York Law School Law Review, http://www.nylslawreview.com/wordpress/wp-content/uploads/2011/08/Yoo-56-1.pdf
Imminence is not a purely temporal … use force against the enemy.
Bioweapons outweigh Singer ‘1 (Clifford-, Spring, “Will Mankind Survive the Millennium?”, http://acdis.illinois.edu/assets/docs/312/articles/ WillMankindSurvivetheMillennium.pdf; Jacob) In recent years the fear of the … question when and if this is achieved.
the Aff creates an “individualized threat requirement”, this is NOT status quo policy and requires proof of “specific” and “imminent” threat, bans all sig strikes Daskal 13 - Fellow and Adjunct Professor, Georgetown Center on National Security and the Law University of Penn L. Rev., THE GEOGRAPHY OF THE BATTLEFIELD: A FRAMEWORK FOR DETENTION AND TARGETING OUTSIDE THE "HOT" CONFLICT ZONE, April, 2013, 161 U. Pa. L. Rev. 1165, Lexis The law of international armed conflict … involved could not be individually described and identified.
Sig strikes key – individualized intel isn’t good enough to take out AQ with just targeted strikes Mudd 13 – (5/24, Philip, former senior official at the CIA and the FBI, now director of global risk at SouthernSun Asset Management, “Fear Factor,” Foreign Policy) The impact of armed drones … faster than the groups can recover.
Status quo target vetting is carefully calibrated to avoid every aff impact in balance with CT--- there’s only a risk that restrictions destroy it Gregory McNeal 13, Associate Professor of Law, Pepperdine University, 3/5/13, “Targeted Killing and Accountability,” http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1819583 Target vetting is the process … more terrorists as a result of the killing).191
Al Qaeda wants nuclear weapons. Bunn et al. 11 (May 2011. Matthew Bunn, associate professor, at Harvard Kennedy School and Co- Principal Investigator of Project on Managing the Atom at Harvard’s Belfer Center for Science and International Affairs; Colonel Yuri Morozov, prof @ Russian Academy of Military Sciences former chief of General Staff of the Russian military; Rolf Mowatt-Larssen. Senior fellow at Belfer Center, fmr. director of Intelligence at DoE; Simon Saradzhyan, senior fellow at Belfer Center; William Tobey, senior fellow at Belfer Center and director of the U.S.-Russia Initiative to Prevent Nuclear Terrorism, fmr. deputy administrator for Defense Nuclear Nonproliferation at the NNSA; Colonel General Viktor I. Yesin, senior fellow at the U.S.A and Canada Studies Institute of the Russian Academy of Sciences and advisor to commander of the Strategic Missile Forces of Russia, fmr. chief of staff of the Strategic Missile Forces; Major General Pavel S. Zolotarev, deputy director of the U.S.A and Canada Studies Institute of the Russian Academy of Sciences and fmr. head of the Information and Analysis Center of the Russian Ministry of Defense. “The U.S.-Russia Joint Threat Assessment on Nuclear Terrorism.” The Belfer Center for Science and International Affairs and the Institute for U.S. and Canadian Studies.)
Obtaining high-end weapons of mass … examples from the former are used nearly verbatim in the latter.
Nuclear security is weak and materials are accessible. Bunn 13 – (2013, Matthew, PhD, Professor of Practice; Co-Principal Investigator, Project on Managing the Atom, Belfer Center for Science and International Affairs, Harvard, “Beyond Crises: The Unending Challenge of Controlling Nuclear Weapons and Materials,” in Nuclear Weapons Security Crises: What Does History Teach? Ed. Henry D. Sokolski. Strategic Studies Institute, U.S. Army War College, 253-278)
In short, the threats are out there. … offer explanations why it could never happen again.
*1NR*
Strategic ambiguity on the justification for action undermines national self-defense Anderson ‘9 Kenneth Anderson, Professor of Law, Washington College of Law, American University, and Research Fellow, The Hoover Institution, Stanford University and Member of its Task Force on National Security and the Law, 5/11/2009, Targeted Killing in U.S. Counterterrorism Strategy and Law, http://www.brookings.edu/~/media/research/files/papers/2009/5/1120counterterrorism20anderson/0511_counterterrorism_anderson.pdf The deeper issue here is … ambiguity is to be preferred.
Disclosing target criteria builds diplomatic … link to the terror disad Gregory McNeal 13, Associate Professor of Law, Pepperdine University, 3/5/13, “Targeted Killing and Accountability,” http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1819583 Related to defending the process, … mechanisms of domestic political accountability.
Transparency solves norms Kristin Roberts 13, News Editor, National Journal, 3/22/13, “When the Whole World Has Drones,” http://www.nationaljournal.com/magazine/when-the-whole-world-has-drones-20130321 But even without raising standards, … in arguing against another’s actions. A not-insignificant faction of U.S. defense and intelligence experts, Dennis Blair among them, thinks norms play little to no role in global security. And they have evidence in support. The missile-technology regime, for example, might be credited with slowing some program development, but it certainly has not stopped non-signatories—North Korea and Iran—from buying, building, and selling missile systems. But norms established by technology-leading countries, even when not written into legal agreements among nations, have shown success in containing the use and spread of some weapons, including land mines, blinding lasers, and nuclear bombs. Arguably more significant than spotty … and moral one as well.
And, the judiciary has upheld this expansive view of the SSP rooted in the Constitution Schwinn 10 (Steven D., Associate Professor of Law, the John Marshall Law School, “The State Secrets Privilege in the Post-9/11 Era,” Winter 2010, 30 Pace L. Rev. 778 (2010) But the Government also added a … the common law of evidence.223
State secrets key to US intelligence gathering Barnsby 12 – (2012, Robert, JD, Major and Judge Advocate, U.S. Army, Professor, Int’l and Operational Law Dep’t, The Judge Advocate General’s (JAG) Legal Ctr. and Sch., U.S. Army, “SO LONG, AND THANKS FOR ALL THE SECRETS: A RESPONSE TO PROFESSOR TELMAN,” Alabama Law Review, Vol. 63:4:667)
Obviously, if discovery reveals state … killing Osama bin Laden in 2011.
Best statistical studies prove heg solves war – violence is declining and heg maintains free trade, deterrence, democracy and other proximate checks Owen 11 – John M. Owen Professor of Politics at University of Virginia PhD from Harvard "DON’T DISCOUNT HEGEMONY" Feb 11 www.cato-unbound.org/2011/02/11/john-owen/dont-discount-hegemony/
Andrew Mack and his colleagues … will not fight one another. Their colossal atomic arsenals neither kept the United States at peace with North Vietnam during the Cold War nor the Soviet Union at peace with Afghanistan. But the argument remains strong that those arsenals did help keep the United States and Soviet Union at peace with each other. Why non-nuclear states are not deterred from fighting nuclear states is an important and open question. But in a time when calls to ban the Bomb are being heard from more and more quarters, we must be clear about precisely what the broad trends toward peace can and cannot tell us. They may tell us nothing about why we have had no World War III, and little about the wisdom of banning the Bomb now. Regarding the downward trend in … , including to end civil wars. We would still need to explain how this charmed circle of causes got started, however. And here let me raise another factor, perhaps even less appealing than the “nuclear peace” thesis, at least outside of the United States. That factor is what international relations scholars call hegemony—specifically American hegemony. A theory that many regard … for liberal democracy remains strong.
War on terror Bivens plaintiffs … Court will force its hand.436
These processes risk extinction Morgan 9 (Dennis Ray Morgan, Professor of Current Affairs at Hankuk University of Foreign Studies, “World on fire: two scenarios of the destruction of human civilization and possible extinction of the human race,” December 2009 Science Direct) As horrifying as the scenario … concerning human extinction becomes moot.
*2NR*
Bunn 13 – (2013, Matthew, PhD, Professor of Practice; Co-Principal Investigator, Project on Managing the Atom, Belfer Center for Science and International Affairs, Harvard, “Beyond Crises: The Unending Challenge of Controlling Nuclear Weapons and Materials,” in Nuclear Weapons Security Crises: What Does History Teach? Ed. Henry D. Sokolski. Strategic Studies Institute, U.S. Army War College, 253-278)
Theft of highly enriched uranium … without ever being engaged by site security forces).8
The Affirmative has a strangely mixed … of then and now lives on Dillon (PhD in American Studies at Minnesota, now an Assistant Professor of Queer Studies at Hampshire College) 13 (Stephen, Fugitive Life: Race, Gender, and the Rise of the Neoliberal-Carceral State, A DISSERTATION SUBMITTED TO THE FACULTY OF THE GRADUATE SCHOOL OF THE UNIVERSITY OF MINNESOTA, http://conservancy.umn.edu/bitstream/153053/1/Dillon_umn_0130E_13833.pdf)
In Specters of the Atlantic: … will be what was before.
Specifically their situation of their method within the People’s Power movement is indicative of the contrary directions that the 1AC is pushing in – resisting their naïve progressivism is crucial to overturning hegemonic conceptions of democracy. So-called people’s power props up the ECONOMIC exploitation of the people under the guise of false hegemonic consensus Reid 6 Historical Blocs and Democratic Impasse in the Philippines: 20 Years after 'People Power' Author(s): Ben Reid Source: Third World Quarterly, Vol. 27, No. 6 (2006), pp. 1003-1020 Published by: Taylor and Francis, Ltd. Stable URL: http://www.jstor.org/stable/4017737 Accessed: 22/09/2013 17:53 Ben Reid is at the Centre for Development Studies, University of Bath, Claverton, Bath BA2 7A Y, UK. Email: br214@bath.ac.uk.
The case of the Philippines … consensus is beginning to fragment
“People power” was a superficial change in government reliant on the same tropes of progress and liberation that MASK and ENABLE continuing domination by the same Philippine economic elite Reid 6 Historical Blocs and Democratic Impasse in the Philippines: 20 Years after 'People Power' Author(s): Ben Reid Source: Third World Quarterly, Vol. 27, No. 6 (2006), pp. 1003-1020 Published by: Taylor and Francis, Ltd. Stable URL: http://www.jstor.org/stable/4017737 Accessed: 22/09/2013 17:53 Ben Reid is at the Centre for Development Studies, University of Bath, Claverton, Bath BA2 7A Y, UK. Email: br214@bath.ac.uk.
There are three main implications … path dependence, limiting development outcomes.
The constant redeployment of “People’s Power” in the Philippines over the last 15 years to reinforce elite hegemony further demonstrates the danger of positioning themselves in alignment with this movement Clarke 01 http://www.socialismtoday.org/54/philippines.html staff writer and activist
JANUARY'S DRAMATIC events in the … of social and economic equality.
This form of catastrophic violence consumes bodies and identities, causes violence and extermination Balibar 1 (Etienne, Emeritus Prof. of … , seem to be mainly “economic.”
Vote negative for a politics of the radical break – this round is crucial because we must constantly focus on the way we situate our politics within history BADIOU 10 (Alain, Prof. @ European Graduate … eternal consequences of an event.
We offer here our own … which they situate those figures.
Our framing argument is that … non-permutable points of stasis Dillon 13 (PhD in American Studies at Minnesota, now an Assistant Professor of Queer Studies at Hampshire College) (Stephen, Fugitive Life: Race, Gender, and the Rise of the Neoliberal-Carceral State, A DISSERTATION SUBMITTED TO THE FACULTY OF THE GRADUATE SCHOOL OF THE UNIVERSITY OF MINNESOTA, http://conservancy.umn.edu/bitstream/153053/1/Dillon_umn_0130E_13833.pdf)
On May 21, 1970, the all-white … the space of the underground.
The group’s first writings stated … prison, and on the street.
For the Weather Underground, the … rubric of law and order.
Continues…
The writing of the George … of containment, control, and management.
By describing the centrality of … , a matter to which I now turn.
Our alternative creates an uncompromising … her or his potential autonomy. Gur-Ze'ev 98 (Faculty of Education @ University of Haifa) (Ilan, “TOWARD A NONREPRESSIVE CRITICAL PEDAGOGY”, EDUCATIONAL THEORY, Fall, V48 N4, Blackwell Synergy) “Critical pedagogy” has many … hegemonic versions of critical pedagogy.
case
Anti-blackness should not be understood at the primary structuring force for history – it is a web of power embedded in historical processes. Their civil society ordering arguments are not sustainable. Hudson (Political Studies Department, University of the Witwatersrand , Johannesburg) 13 (Peter, Social Dynamics (2013): The state and the colonial unconscious, Social Dynamics: A journal of African studies, DOI: 10.1080/02533952.2013.802867) “Whiteness” as whiteness – the … identities are “white” under colonialism. Everyone is white in the colonial symbolic – including blacks; it is just that they are “less white” than “whites” to the point of not being at all – Fanon says again and again that “the black man desires to be white” – but, when he looks at himself through the eyes he has adopted, the “eyes” that are “his” – what he (qua white eyes) sees is something that doesn’t exist – “inequality, no non-existence” (Fanon 1968, 98, original emphasis). He “subsists at the level of non-being” (131) – just as the white, when it sees the black, sees an other that is, as Fanon says “absolutely not self,” so does the black see himself – “as absolutely not self” (114). This is the depth of the fissure in the black colonial subject position, caught between two impossibles: “whiteness,” which he desires but which is barred to him, and “black- ness,” which is “non-existence.” Colonialism, anxiety and emancipation3 Thus the self-same/other … constitutive axis, its “ontological” differential.
USING THE BLACK-WHITE PARADIGM AS A METAPHOR FOR ALL RACISM RUINS COALITIONS, ENTRENCHES WHITE POWER, PRODUCES FATALISM, RENDERS OTHER COLORED POPULATIONS DISPOSABLE GINES ’13 (Kathryn, Founding Director of … the sole object of racism (255–56).
Using blackness as a metaphor to structure all other racism is flawed – the War on Terror should be understood as a related but distinct set of violences Angela Davis 5 (Angela, Abolition Democracy, p. 55-57) I'm reluctant to work with … they harm with their violence.
The aff’s insistence on the centrality of social death reifies western social sciences resulting in reductionism and the inability to see forms of sociability BROWN ’9 (Vincent, Professor of History … important new studies of slavery.9
2NC
PEOPLE POWER is a hopelessly naïve hero narrative – We must prioritize their concept of history and the passage of time Dillon 13 (PhD in American Studies at Minnesota, now an Assistant Professor of Queer Studies at Hampshire College) (Stephen, Fugitive Life: Race, Gender, and the Rise of the Neoliberal-Carceral State, A DISSERTATION SUBMITTED TO THE FACULTY OF THE GRADUATE SCHOOL OF THE UNIVERSITY OF MINNESOTA, http://conservancy.umn.edu/bitstream/153053/1/Dillon_umn_0130E_13833.pdf)
In addition, the racial violence … was critical to this maneuver.
Additionally this answers their arguments about the other sections of the Aff as well as the permutation – situating revolutionary figures of the past like Assata and Tubman alongside a progressive narrative of the future into figures upon whose bodies the future should be built Baedan 12 (Baedan: journal of queer nihilism, Vol. 1 Issue. 1, 2012, pg. 112)
History’s servants promise us a shining … the dead over the living.
In my experience working with a … the occasion for self-reflexivity.
Their demand for an endpoint strategy and a positive narrative proves our link – the alt’s historical criticism enacts saying constant NO to the 1AC’s narration of history. This kind of criticism even in the face of seemingly radical politics like the Aff Baedan 12 (Baedan: journal of queer nihilism, Vol. 1 Issue. 1, 2012, pg. 11-12)
This position of ownership of … act, its self-constituting negation.
Reject their logic of the alt as inaction – against their believe that the academic undercommons of debate can RESOLVE structures of liberation we engage in a better struggle Halberstam 13 (Jack, The Undercommons: Fugitive Planning and Black Study - Stefano Harney and Fred Moten, pg. 4-10)
These kinds of examples get … shape that noise into “music.”
Particularity DA Baedan 12 (Baedan: journal of queer nihilism, Vol. 1 Issue. 1, 2012, pg. 11-12)
Leftist notions of reform, progress, … totality on its own terms.
GENUINE empowerment in the Philippines is still possible if we ABANDON and REJECT the delusion of MANAGED people’s power Clarke 01 http://www.socialismtoday.org/54/philippines.html staff writer and activist
Nevertheless, the ruling elite still … or anywhere in the world.
The People’s Power movement represented a flawed approach to revolution that sequenced bourgeois democracy before economic liberation. Liberatory success in the compromise requires we REJECT every DELUSIONAL compromise with capitalist progressivism Zorba 2 http://www.marxist.com/philippines-edsa-uprisings301202.htm writer and editor for International Marxist Tendency The ideas of the International Marxist Tendency are very clear. We stand for the genuine ideas of Marxism and base ourselves on the works of Marx, Engels, Lenin and Trotsky. You may agree or disagree with these ideas. Occasionally however, we encounter opponents who are prepared to go to incredible lengths to distort and falsify what we stand for. Just such a case came up earlier this year when the French language journal, La Vérité, published by the Lambertist group launched a vicious and dishonest attack on our positions. Here we explain what we really stand for
Of course, the mass demonstrations … War in France, our emphasis)
Additionally we have a link to framework for the ballot within debate. Their appeal to a public sphere they have identified as fundamentally anti-black reinforces the power of that very structure Halberstam 13 (Jack, The Undercommons: Fugitive Planning and Black Study - Stefano Harney and Fred Moten, pg. 4-10)
If you want to know … from being in the break.
1NR
BWB ELEVATES BLACK OPPRESSION UNDER WHITE AMERICA TO THE EXCLUSION OF UNDERSTANDING OTHER FORMS OF RACIAL DOMINATION GINES ’13 (Kathryn, Founding Director of the Collegium of Black Women Philosophers, Assist. Prof. of Philosophy @ Penn State. U., “introduction: Critical Philosophy of Race Beyond the Black/White Binary” critical philosophy of race, vol. 1, no. 1, 2013, pp. 29-30) In Race: A Philosophical Introduction, Paul C. Taylor …. apart from whites as irremediably foreign” (145).
FOR INSTANCE ASIAN AMERICANS GINES ’13 (Kathryn, Founding Director of the Collegium of Black Women Philosophers, Assist. Prof. of Philosophy @ Penn State. U., “introduction: Critical Philosophy of Race Beyond the Black/White Binary” critical philosophy of race, vol. 1, no. 1, 2013, pp. 32-33) Finally, Falguni A. Sheth, in her critique of the BwB … that is composed of multiple races” (160)
BLACK/NON-BLACK AS DESCRIPTOR FOR DIVISION IN AMERICA WRONG – CAN’T CAPTURE FLUIDITY AND MODES OF RACIAL IDENTITY FORMATION, DESTROYS RESISTANCE KRETSEDEMAS ‘8 (Philip, Assoc. Prof. of Sociology @ U. of Massachusetts-Boston, “Redefining `Race' in North America” Current Sociology ! November 2008 ! Vol. 56(6), pp. 838-839) I have offered these observations … changing form of racial stratification.
Statutory Restriction is legislation to … , plan doesn’t directly limit strikes Black’s Law Dictionary 2013 (Date is date accessed, Aug 13, http://thelawdictionary.org/statutory-restriction/#ixzz2bsSCuBEj) Limits or controls that have been place on activities by its ruling legislation.
Restrict refers to an active policy to limit an action- the plan only creates a disincentive for drone strikes RCIP 2002 (Riverside County Integrated Project, “County of Riverside General Plan - Hearing Draft,” p I-12, http://www.rcip.org/general_plan_01_toc.htm) Restrict: Policies containing the word “… the undesired action to a minimum.
Authority refers to powers legally ascribed to the president Collins English Dictionary 2003 (http://www.thefreedictionary.com/authority) 10. (Law) Law a. a judicial decision, statute, or … a person to perform a specified act Targeted killing is extra-judicial killing of a specifically identified person not in custody Murphy and Radsan 09 – (2009, Richard, ATandT Professor of Law, Texas Tech University School of Law, and Afsheen John, Professor, William Mitchell College of Law, general counsel at the CIA, 2002-2004, “DUE PROCESS AND TARGETED KILLING OF TERRORISTS,” Cardozo Law Review, Vol. 31:2, google scholar) “Targeted killing” is extra-… continued into the Obama Administration.
1nc 1 CR will pass now --- Capital is key, top of the docket Reuters 9-11 ("Delay in Syria vote frees Obama to shift to hefty domestic agenda") Putting off a decision on military … a few weeks ago," Bennett said.
Obama opposes the aff – gets beaten Brown and Sherman 9-4 (Carrie and Jake, "President Obama's political capital spreads thin," Politico, www.politico.com/story/2013/09/obamas-political-capital-spreads-thin-96306.html) A resolution authorizing the use … same time,” often they cannot.
Impact is the economy, alliances, democracy and heg NSN 11 (4-7 The National Security Network (NSN) was founded in June 2006 to revitalize America’s national security policy, bringing cohesion and strategic focus to the progressive national security community "The Consequences of a Shutdown" http://archives.nsnetwork.org/node/1959) There will be real national … , 4/6/11. Robert Gates via NY Times, 4/6/11
The economy --- extinction results Austin ‘09 (Michael, Resident Scholar – American Enterprise Institute, and Desmond Lachman, Resident Fellow – American Enterprise Institute, “The Global Economy Unravels”, Forbes, 3-6, http://www.aei.org/article/100187) Conversely, global policymakers do not … that coalesce into a big bang.
1nc 2
The Executive Office of the President should compensate those unlawfully injured by target killing operations or their heirs and establish a cause of action for damages. NSDs solve – classified and flexible Cooper ‘2 (Phillip J, Professor of Public … Action,” University of Kansas Press (2002), p. 190)
On the positive side, NSDs … they are hidden from public.
B. Links: Statutory restrictions on presidential control of the military undermine strong presidential powers Robert F. Turner, University of Virginia Law Professor, 2012, "The WPR at 40: Still an Unconstitutional, Unnecessary and Unwise Fraud that Contributed Directly to the 9/11 Attacks" 45 Case W. Res. J. Int'l L. 109, p. 130-1 Congress clearly had the right … this statute to be unconstitutional.
INTERNAL LINK- PRESIDENTIAL WAR POWERS CRITICAL TO EFFECTIVE EXCUTIVE FOREIGN AFFAIRS LEADERSHIP Department of Justice, MEMORANDUM OF OPINION FOR THE DEPUTY COUNCIL TO THE PRESIDENT, 2001, p. http://www.usdoj.gov/olc/warpowers925.htm, accessed 5/20/05. Conducting military hostilities is a central … constitutional responsibilities in foreign affairs.
C. Impact: strong presidency is essential to avert nuclear annihilation Paul 98 – professor at university of connecticut school of law Joel R., “The Geopolitical Constitution: Executive Expediency and Executive Agreements,” California Law Review, Jul, 86 Calif. L. Rev. 671, LN Whatever the complexity of causes … an institution of constitutional dictatorship.”
Hege --- global nuke war Arbatov ‘07 (Alexei, Member – Russian Academy of Sciences and Editor – Russia in Global Affairs, “Is a New Cold War Imminent?”, Russia in Global Affairs, 5(3), July / September, http://eng.globalaffairs.ru/numbers/20/1130.html) However, the low probability of a … major capitals of the world.
But Israel’s national security concerns … United States for a deep involvement.”
Strong pres key to deter Iran – commander in chief must be in control Kramer 9/17/13 http://www.commentarymagazine.com/2013/09/17/israel-likes-its-u-s-presidents-strong-2/ Martin Kramer is President of Shalem College, a new undergraduate liberal arts college in Jerusalem. An authority on contemporary Islam and Arab politics, Kramer earned his undergraduate and doctoral degrees in Near Eastern Studies from Princeton University. During a twenty-five-year academic career at Tel Aviv University, he directed the Moshe Dayan Center for Middle Eastern and African Studies. Kramer has taught as a visiting professor at Brandeis University, the University of Chicago, Cornell University, Georgetown University, and The Johns Hopkins University (SAIS). He has served as a visiting fellow at the Woodrow Wilson International Center for Scholars in Washington, The Washington Institute for Near East Policy, and Harvard University's Olin Institute for Strategic Studies.
Israel Likes Its U.S. Presidents Strong … But I focused instead on Obama’s … of trouble at the top.
World War III may erupt … a war breaks out," he added.
1nc 5 The United States Executive should negotiate international norms for conduct in drone warfare and target killing and bring them into effect upon substantial ratification.
Unilateral efforts will fail – only multilateralism can solve Voeten 11 (ERIK VOETEN, Peter F. Krogh Associate Professor of Geopolitics and Justice in World Affairs at Georgetown University’s Edmund A. Walsh School of Foreign Service and Government Department. He is also the director of graduate studies and associate chair of the Goverment department, October 10, 2011, the Drone Arms Race, http://themonkeycage.org/2011/10/10/the-drone-arms-race/)
Anderson may be right, although I suspect he underplays the extent to which other countries, especially China, are looking at and learning from the U.S. Technological advances always seem inevitable after the fact. More important, though, is the point where Anderson and Shane appear to agree and where U.S. policy is falling short. To put it in Anderson’s words: There are indeed important ways … no good reason to wait.
The courts could help increase … . Here’s what proportionality looks like.’ ” Zeke Johnson, director of Amnesty International’s Security and Human Rights Campaign, argues that drone courts would do little to change critics' fundamental concerns about drone strikes.
adv 1 Blame-dodging- plan creates political incentives that deter strikes in the first place Oliphant, 13 -- National Journal deputy magazine editor James, “Vetting the Kill List,” 5-30-13, http://www.nationaljournal.com/magazine/vetting-the-kill-list-20130404, accessed 8-16-13, mss
Given that reality, shifting the … once put it: “Trust, but verify.”
Detailed data driven analysis indicates that drones are associated with fewer and less violent terrorist attacks. Johnston and Sarbahi 13 – (July 2013, Patrick, PhD, Political Scientist at the RAND Corporation, former Research Fellow in the International Security Program at the Belfer Center for Science and International Affairs, Harvard, and Anoop, PhD, Postdoctoral Scholar, Empirical Studies of Conflict Center, UCLA, “The Impact of U.S. Drone Strikes on Terrorism in Pakistan and Afghanistan,” google scholar) Drone strikes are not the … be dismissed out of hand.
Disruption works – long term statistical analysis. Johnston and Sarbahi 13 – (July 2013, Patrick, PhD, Political Scientist at the RAND Corporation, former Research Fellow in the International Security Program at the Belfer Center for Science and International Affairs, Harvard, and Anoop, PhD, Postdoctoral Scholar, Empirical Studies of Conflict Center, UCLA, “The Impact of U.S. Drone Strikes on Terrorism in Pakistan and Afghanistan,” google scholar)
To test Hypotheses 1 and 2, we … strikes trigger increased violence (Hypothesis 1).
Their “studies” get 0 weight- massive omitted variable bias without breaking down strikes by agency-weeks *Agency-weeks means that our analysis looks within agencies (in the FATA those are the administrative regions) over a period of weeks *If they don’t, it … of drones strikes on terrorism Johnston and Sarbahi 13 – (July 2013, Patrick, PhD, Political Scientist at the RAND Corporation, former Research Fellow in the International Security Program at the Belfer Center for Science and International Affairs, Harvard, and Anoop, PhD, Postdoctoral Scholar, Empirical Studies of Conflict Center, UCLA, “The Impact of U.S. Drone Strikes on Terrorism in Pakistan and Afghanistan,” google scholar) In this section, we describe … distance from the targeted area.
Actually your evidence overestimates the unpopularity of drones on the ground Byman 13 – (2013, Daniel, Professor in the Security Studies Program at the Edmund A. Walsh School of Foreign Service at Georgetown University and a Senior Fellow at the Saban Center for Middle East Policy at the Brookings Institution, “Why Drones Work,” Foreign Affairs, July/August 2013) A 2012 poll found that 74 percent of Pakistanis viewed the United States as their enemy, likely in part because of the ongoing drone campaign. Similarly, in Yemen, as the scholar Gregory Johnsen has pointed out, drone strikes can win the enmity of entire tribes. This has led critics to argue that the drone program is shortsighted: that it kills today’s enemies but creates tomorrow’s in the process. Such concerns are valid, but … the United States more popular.
Drones work – help the Yemeni government maintain control. Terrill 13 – (2013, W. Andrew, PhD, Strategic Studies Institute's Middle East specialist, formerly with the Lawrence Livermore National Laboratory and US Air War College, “Drones over Yemen: Weighing Military Benefits and Political Costs,” Parameters 42(4)/43(1) Winter-Spring 2013, http://www.strategicstudiesinstitute.army.mil/pubs/parameters/Issues/WinterSpring_2013/2_Article_Terrill.pdf) In the case of Yemen, … , including drone use, when appropriate.
Aff solves – military allows compensation and legal defense Bergen 13 – (4/23, Peter, director of the National Security Studies Program at the New America Foundation, research fellow at New York University's Center on Law and Security, former adjunct lecturer at the Kennedy School of Government at Harvard University, former Adjunct Professor at the Paul H. Nitze School of Advanced International Studies at Johns Hopkins University, “Drone Wars: The Constitutional and Counterterrorism Implications of Targeted Killing,” Testimony presented before the U.S. Senate Committee on the Judiciary , Subcommittee on the Constitution, Civil Rights and Human Rights, http://www.judiciary.senate.gov/pdf/04-23-13BergenTestimony.pdf) Should Washington transfer responsibility for … cannot be finished without Islamabad.
That solves blowback – comprehensive public opinion surveys Holewinski 13 – (2013, Sarah, executive director of Center for Civilians in Conflict, Senior Fellow with Truman National Security Project and a Term Member with the Council of Foreign Relations, “Do Less Harm,” Foreign Affairs, Jan/Feb2013, Vol. 92, Issue 1, ebsco) The Pentagon's complacency about civilian … and analyzing it for trends. When General Stanley McChrystal replaced McKiernan in 2009, he pledged to get the civilian casualty count down to zero -- an impossible goal but one that conveyed his commitment. He also began holding meetings with Afghan civil-society groups to discuss what his forces were trying to do and why. McChrystal's policies were not just public relations ploys; they saved lives. Even as the battle against the Taliban heated up, civilian casualties caused by U.S. air strikes dropped -- by 50 percent within a year after McChrystal took command -- and with no discernable cost to the mission's effectiveness. By the time ground operations … in the conduct of war.
Unmanned aerial vehicles (often known … drones as a war-winning system. The 2011 death of AQAP planner Anwar al-Awlaki in an apparent drone strike is especially informative. Despite Awlaki’s U.S. citizenship, President Obama was reported by Newsweek to have considered him a higher priority for capture or elimination than Ayman al-Zawahiri, bin Laden’s replacement as the leader of “al-Qaeda central.” Federal prosecutors, in a case involving an alleged Awlaki associate, maintain that he was the mastermind behind a variety of terrorist activities including the 2009 “Christmas bomber” plot. In this instance, a terrorist operative and Awlaki “student” sought to blow up a passenger aircraft traveling from Amsterdam to Detroit with 280 passengers aboard. The unsuccessful bombing scheme appears … much more frightening choices later.
No impact to blowback, recruitment is inevitable, and appeasement would have lost the Civil War. Anderson 13 – (5/24, Kenneth, Professor of Law, Washington College of Law, American University Member, Task Force on National Security and Law, The Hoover Institution, Stanford University, “The Case for Drones,” Real Clear Politics)
The most prominent critique today, … produces “blowback.” What is blowback? Blowback comprises the supposed bad consequences of drones that swamp the benefits, if any, of drone warfare itself—the anger of villagers whose civilian relatives have been killed, for instance, or the resentment among larger populations in Pakistan or Yemen over drone strikes. The anger, we are told, is fanned by Islamist preachers, local media, and global Web communities, and then goes global in the ummah about the perceived targeting of Muslims and Islam. This leads to radicalization and membership recruitment where the strikes take place. Or maybe it leads to independently organized violence—perhaps the case of the Boston bombers, though it is too early to say. All this bad public perception outweighs whatever tactical value, if any, drone strikes might have. Blowback can never be dismissed, … have lost the Civil War.
Needless to say, Pakistan has … and under constant monitoring process.
adv 2
Not an argument against drones – squo usage is a fine model Anderson 13 – (5/24, Kenneth, Professor of Law, Washington College of Law, American University Member, Task Force on National Security and Law, The Hoover Institution, Stanford University, “The Case for Drones,” Real Clear Politics)
This critique often leads, however, … be responsible. Its leaders will be.
Can’t stop proliferation or use- already inevitable Byman 13 – (2013, Daniel, Professor in the Security Studies Program at the Edmund A. Walsh School of Foreign Service at Georgetown University and a Senior Fellow at the Saban Center for Middle East Policy at the Brookings Institution, “Why Drones Work,” Foreign Affairs, July/August 2013) Controlling the spread of drone … a wanted drug trafficker hiding there.
Legitimacy is inevitable and isn’t key to cooperation anyway Wohlforth 9 — Daniel Webster Professor of Government, Dartmouth. BA in IR, MA in IR and MPhil and PhD in pol sci, Yale (William and Stephen Brooks, Reshaping the World Order, March / April 2009, Foreign Affairs Vol. 88, Iss. 2; pg. 49, 15 pgs) FOR ANALYSTS such as Zbigniew … reform of the international system.
No chance of war or aggressive expansion – multiple recent trends make it impossible. Rosecrance and Qingguo 10 – (2010, Jia Qingguo, PhD from Cornell, Professor and Associate Dean of the School of International Studies of Peking University, and Richard Rosecrance, political science professor at Cal and senior fellow at Harvard’s Belfer Center for Science and International Affairs, former director of the Burkle Center for International Relations at UCLA, Global Asia, 4.4, “Delicately Poised: Are China and the US Heading for Conflict?”, http://www.globalasia.org/l.php?c=e251)
Will China and the US … rally international resistance and condemnation. Given all this, is the rise of China likely to lead to territorial expansion and war with the US? The answer is no.
No risk of Middle East war Maloney and Takeyh 07 – *senior fellow for Middle East Policy at the Saban Center for Middle East Studies at the Brookings Institution AND senior fellow for Middle East Studies at the Council on Foreign Relations (Susan and Ray, International Herald Tribune, 6/28, “Why the Iraq War Won't Engulf the Mideast”, http://www.brookings.edu/opinions/2007/0628iraq_maloney.aspx)
Yet, the Saudis, Iranians, Jordanians, … and going from their countries. In the last month, the Saudi government has arrested approximately 200 people suspected of ties with militants. Riyadh is also building a 700 kilometer wall along part of its frontier with Iraq in order to keep militants out of the kingdom. Finally, there is no precedent … regarded as someone else's fight. Indeed, this is the way many leaders view the current situation in Iraq. To Cairo, Amman and Riyadh, the situation in Iraq is worrisome, but in the end it is an Iraqi and American fight. As far as Iranian mullahs are concerned, they have long preferred to press their interests through proxies as opposed to direct engagement. At a time when Tehran has access and influence over powerful Shiite militias, a massive cross-border incursion is both unlikely and unnecessary. So Iraqis will remain locked in a sectarian and ethnic struggle that outside powers may abet, but will remain within the borders of Iraq. The Middle East is a region … enveloping the entire Middle East.
There is no way to know how Prime …. in wars against external enemies.
Pres powers key to reassure Israel Kramer 9/17/13 http://www.commentarymagazine.com/2013/09/17/israel-likes-its-u-s-presidents-strong-2/ Martin Kramer is President of Shalem College, a new undergraduate liberal arts college in Jerusalem. An authority on contemporary Islam and Arab politics, Kramer earned his undergraduate and doctoral degrees in Near Eastern Studies from Princeton University. During a twenty-five-year academic career at Tel Aviv University, he directed the Moshe Dayan Center for Middle Eastern and African Studies. Kramer has taught as a visiting professor at Brandeis University, the University of Chicago, Cornell University, Georgetown University, and The Johns Hopkins University (SAIS). He has served as a visiting fellow at the Woodrow Wilson International Center for Scholars in Washington, The Washington Institute for Near East Policy, and Harvard University's Olin Institute for Strategic Studies.
In light of this history, it’s not ….. Israel needs presidents who are decisive.
But Mr. Obama’s limited strike ….. another Middle Eastern conflict on any terms.
Doesn’t matter – Syria’s insulated to Israel Bremmer 9/10/13 http://blogs.reuters.com/ian-bremmer/2013/09/10/the-vote-on-syria-hardly-matters/ Ian Bremmer is the president of Eurasia Group, the leading global political risk research and consulting firm. Bremmer created Wall Street's first global political risk index, and has authored several books, including the national bestseller, The End of the Free Market: Who Wins the War Between States and Corporations?, which details the new global phenomenon of state capitalism and its geopolitical implications. He has a PhD in political science from Stanford University (1994), and was the youngest-ever national fellow at the Hoover Institution.
There’s a case to be made that key allies …. Congress is gearing up to punt on voting for or against a strike. Not that it matters much.
Drone court crushes counter-terror- delay Oliphant, 13 -- National Journal deputy magazine editor; citing Gregory McNeal, a counterterrorism expert at Pepperdine University James, “Vetting the Kill List,” 5-30-13, http://www.nationaljournal.com/magazine/vetting-the-kill-list-20130404, accessed 8-16-13, mss
But even among supporters, no consensus ….. until the last minute of the operation.”
2. Precedent Boot, 13 – CFR senior fellow Max, Jeane J. Kirkpatrick Senior Fellow in National Security Studies at the Council on Foreign Relations, "A Drone Court is a Terrible Idea," Commentary, 2-11-13, www.commentarymagazine.com/2013/02/11/a-drone-court-is-a-terrible-idea-fisa-terroris/, accessed 8-15-13,
Nevertheless creating such a …. Appeals for the District of Columbia.
Given that reality, shifting the …. conduct. Or as Ronald Reagan once put it: “Trust, but verify.”
Drone strikes solve Al-Qaeda and global terrorism. Byman 13 – (2013, Daniel, Professor in the Security Studies Program at the Edmund A. Walsh School of Foreign Service at Georgetown University and a Senior Fellow at the Saban Center for Middle East Policy at the Brookings Institution, “Why Drones Work,” Foreign Affairs, July/August 2013) NOBODY DOES IT BETTER The Obama administration relies on … intolerable threats do arise and drone strikes are the best way to eliminate them.
Disrupting safe havens is key to reduce EFFECTIVENESS – drone attacks degrade al-Qaeda core Byman 11 – (6/3, Daniel, Professor in the Security Studies Program at the Edmund A. Walsh School of Foreign Service at Georgetown University and a Senior Fellow at the Saban Center for Middle East Policy at the Brookings Institution, “Denying Terrorist Safe Havens: Homeland Security Efforts to Counter Threats from Pakistan, Yemen and Somalia,” Testimony for the House Committee on Homeland Security, Subcommittee on Oversight, Investigations and Management, http://www.brookings.edu/research/testimony/2011/06/03-terrorism-byman)
I. The State of the al Qaeda Core …. more a danger to themselves than to their enemies.
Nuclear terror is a big deal – most recent evidence – they’re complacency Bunn 13 – (2013, Matthew, PhD, Professor of Practice; Co-Principal Investigator, Project on Managing the Atom, Belfer Center for Science and International Affairs, Harvard, “Beyond Crises: The Unending Challenge of Controlling Nuclear Weapons and Materials,” in Nuclear Weapons Security Crises: What Does History Teach? Ed. Henry D. Sokolski. Strategic Studies Institute, U.S. Army War College, 253-278)
In short, the threats are out there. … offer explanations why it could never happen again.
A nearly two-month lull in … safer to roam more freely.
Drones crush terrorists and solve militant takeover in Pakistan Nadim 12 (Hussain Nadim, visiting scholar at the Woodrow Wilson Center, August 8, 2012, "How Drones Changed the Game in Pakistan," National Interest, nationalinterest.org/how-drones-changed-the-game-pakistan-7290)
Regardless of what the news agencies …… get to burn a few American flags.
Critics argue that drone strikes … al Qaeda more than they were hurting it.
Can’t replace lost talent – means no impact Anderson 13 – (5/24, Kenneth, Professor of Law, Washington College of Law, American University Member, Task Force on National Security and Law, The Hoover Institution, Stanford University, “The Case for Drones,” Real Clear Politics)
Other critics argue that drone … to plan another 9/11 is also critical.
1NR
Authority is the key topical limit—war powers authority means legally acceptable Presidential actions, the aff must make the list of legally acceptable actions smaller, it does not do this, it just creates a financial disincentive for him to do DRONES, a financial restriction on AUTHORITY makes no sense Jenkins 2012 (Rob, associate professor of English at Georgia Perimeter College, “Authority vs. Power,” Chronicle of Higher Education blog, March 19, http://chronicle.com/blogs/onhiring/authority-vs-power/30621) Anytime the President of the …. strictly within their properly ceded authority.
“Restrict” means “prohibit” Oxford English Dictionary 1989 (Second Edition, 1989) b. To restrain by prohibition.
Even if thye win its not just Prohibit distinction goes our way, they must LIMIT his available actions, require approval, or oversight, not just allow ex post punishment IF the court rules a certain way CALIFORNIA COURT OF APPEAL 2007 (Court of Appeal of the State of California, Third Appellate District, Opinion in The People v. Raif Lee Matye, March 3, www.courtinfo.ca.gov/opinions/revpub/C050332A.PDF) In the published part of this opinion, …… So it was with the victim in this case.
The norms don’t work- they’re unenforceable and don’t Lerner ‘13 BEN LERNER, 3.25.13, American Spectator, “Judging ‘Drones’ From Afar,” http://spectator.org/archives/2013/03/25/judging-drones-from-afar And who would enforce the treaty’s … invite others to dictate its outcome.
Economic ties check Perry and Scowcroft 09 – William (Michael and Barbara Berberian professor at Stanford University.) and Brent (resident trustee of the Forum for International Policy.) “US Nuclear Weapons Policy.” 2009. Council on Foreign Relations. Online. Economic interdependence provides an …. promising dialogues on larger strategic issues.
No risk of Middle East war Maloney and Takeyh 07 – *senior fellow for Middle East Policy at the Saban Center for Middle East Studies at the Brookings Institution AND senior fellow for Middle East Studies at the Council on Foreign Relations (Susan and Ray, International Herald Tribune, 6/28, “Why the Iraq War Won't Engulf the Mideast”, http://www.brookings.edu/opinions/2007/0628iraq_maloney.aspx) Yet, the Saudis, Iranians, Jordanians, … from enveloping the entire Middle East.
No escalation – great powers won’t get involved Gelb, 10 – President Emeritus of the Council on Foreign Relations. He was a senior official in the U.S. Defense Department from 1967 to 1969 and in the State Department from 1977 to 1979 (Leslie, Foreign Affairs, “GDP Now Matters More Than Force: A U.S. Foreign Policy for the Age of Economic Power,” November/December, proquest) Also reducing the likelihood of …. short of direct confrontation.
9/28/13
GSU Round 4
Tournament: Gsu | Round: 4 | Opponent: Iowa Hancock-Kann | Judge: Moczulski 1nc 0 A. Interpretation and violation – “introduction of armed forces” refers to US soldiers and members of the armed forces and excludes weapons systems or capabilities Lorber, J.D. Candidate of UPenn and Ph.D. Candidate at Duke in Poli Sci, 13 (Eric, “EXECUTIVE WARMAKING AUTHORITY AND OFFENSIVE CYBER OPERATIONS: CAN EXISTING LEGISLATION SUCCESSFULLY CONSTRAIN PRESIDENTIAL POWER?,” Journal of Constitutional Law 15(3):961-1002, accessed 8-14-13 Bosley) As discussed above, critical to … forces” to mean U.S. combat troops.
B. Vote negative for limits – they justify restrictions on an infinite number of weapon systems or capabilities that are impossible to predict – only our interp provides a clear brightline based on statutory interpretation and history of the War Powers Act, they could add any system.
1nc 1 Congress will raise the debt ceiling now – but it’ll be a tough fight The Detriot News 9/19/13 (Dale McFeatters, "Another Debt Ceiling Debate?") The tea party-influenced wing … , the president almost dare not.
Congress doesn’t want to take on new war powers authority Buchanon 13 (PRESIDENTIAL POWER AND ACCOUNTABILITY Bruce Buchanan is Professor of Government at the University of Texas at Austin Toward a Presidential Accountability System, Bruce Buchanan, 111) A serious pre-invasion congressional … encroachment on their constitutional prerogatives.
Even delaying to raise the debt ceiling would end the recovery Masters 13 (Jonathan, Deputy Editor at the Council on Foreign Relations, Backgrounder, jan 2 2013"US Debt Ceiling. Costs and Consequences") Most economists, including those in … adverse effects on the economy."
Global nuclear war Harris and Burrows 9 Mathew, PhD European History @ Cambridge, counselor of the U.S. National Intelligence Council (NIC) and Jennifer, member of the NIC’s Long Range Analysis Unit “Revisiting the Future: Geopolitical Effects of the Financial Crisis” http://www.ciaonet.org/journals/twq/v32i2/f_0016178_13952.pdf Of course, the report encompasses … a more dog-eat-dog world.
1nc 2 The Executive Office of the President should issue an executive order declaring that the offensive use of uninhabited aerial vehicles constitutes an introduction of United States Armed Forces into hostilities. Exos solve – shape the agenda Mayer ‘1 (Kenneth, professor of political science at the University of Wisconsin-Madison, Ph.D. Yale University, 1988 (Political Science), M.A., M Phil Yale University, 1987 (Political Science), B.A. University of California, San Diego 1982 (Political Science), “Executive Orders and Presidential Power” (2001), 28-29)
This theoretical perspective offered by … which they have no control.
1nc 3 The political question doctrine is well-entrenched constitutional law – it justifies judicial deference to the President on war powers and national security issues Fix and Randazzo 10 (Michael P. Fix, Kirk A. Randazzo, Professors of Political Science, “Judicial Deference and National Security: Applications of the Political Question and Act of State Doctrines”, Democracy and Security, 3/16/10, http://people.cas.sc.edu/randazzo/fix_randazzo_2010_dem_and_sec.pdf) The political question doctrine is … the President’s conduct of war.”
Judicial decisionmaking on targeted killing breaks the political question doctrine Rosen 11 (Richard D. Rosen, Professor of Law and Director, Center for Military Law and Policy, Texas Tech University School of Law, Colonel, U.S. Army (retired), “Drones and the U.S. Courts,” 2011, William Mitchell Law Review 37 wm. Mitchell L.Rev. 5280)
Even if a plaintiff establishes standing … Taliban *5286 in their Pakistani sanctuaries.
Judicial involvement is incompatible with military decisionmaking – aff causes the Court to substitute itself as battlefield commander VFW 10 (The Veterans of Foreign Wars of the United States, Brief of The veterans of Foreign Wars of the United States As amicus curiae in support of defendants and dismissal, 09/30/10, http://www.lawfareblog.com/wp-content/uploads/2010/10/VFW_Brief_PACER.pdf)
C. Military Leadership And Decisionmaking Would Suffer War is the province of chance. “If we now consider briefly the subjective nature of war—the means by which war has to be fought—it will look more than ever like a gamble . . . in the whole range of human activities, war most closely resembles a game of cards.” Clausewitz, 86-87. Within this field of human endeavor, the most successful armies are those led by decisive commanders who visualize the operational environment and make rapid, sound decisions. Combat leadership involves the motivation of others to risk their lives, and only the most decisive and confident leaders can inspire this kind of self-sacrifice. Leadership is the multiplying and unifying element of combat power. Confident, competent, and informed leadership intensifies the effectiveness of all other elements of combat power by formulating sound operational ideas and assuring discipline and motivation in the force . . . Leadership in today’s operational environment is often the difference between success and failure. Dept. of the Army, Field Manual 3-0, Operations, at ¶¶ 4-6 - 4-8 (2008), available at http://www.army.mil/fm3-0/fm3-0.pdf. Battle command is a subset of combat leadership—it is how wartime leaders operationalize their intent and transmit their guidance to subordinate units. Battle command is the art and science of understanding, visualizing, describing, directing, leading, and assessing forces to impose the commander’s will on a hostile, thinking, and adaptive enemy. Battle command applies leadership to translate decisions into actions—by synchronizing forces and warfighting functions in time, space, and purpose—to accomplish missions. Battle command is guided by professional judgment gained from experience, knowledge, education, intelligence, and intuition. It is driven by commanders. Id. at ¶ 5-9. Battlefield decisionmaking involves the visualization of the battlefield and all its components, the deliberate assessment of operational risk, and the selection of a course of action which accepts certain risks in order to achieve tactical, operational or strategic success. Id. at ¶ 5-10; see also Gen. Frederick M. Franks, Jr., Battle Command: A Commander’s Perspective, Military Review, May-June 1996, at 120-121. “Given the inherently uncertain nature of war, the object of planning is not to eliminate or minimize uncertainty but to foster decisive and effective action in the midst of such uncertainty.” Army Field Manual 3-07, Stability Operations, at ¶ 4-4 (2008), available at http://usacac.army.mil/cac2/repository/FM307/FM307.pdf. In bringing this case, Plaintiff asks this Court to substitute itself as the battlefield commander, and to second-guess the strategic, operational and tactical decisions made by this nation’s military chain of command in the campaign against Al Qaeda. Judicial decisionmaking is incompatible with military decisionmaking. Rather than produce rapid, confident, decisive actions, judicial resolution of this matter would produce deliberate and measured decisions which are the product of adversarial process, and which would reflect judicial considerations, not strategic or tactical ones. Also, judicial involvement may induce risk aversion among commanders, who would worry about how their actions might be judged in courtrooms far removed from the battlefield, and thus hedge their battlefield decisions in order to protect themselves and their units from future judicial scrutiny. This is particularly true of Plaintiff’s prayer for relief, which calls upon the Court to enjoin the Government from using lethal force “except in circumstances in which they present concrete, specific, and imminent threats to life or physical safety, and there are no means other than lethal force that could reasonably be employed to neutralize the threats.” Such decisions about the use of force can often be made by soldiers in a split-second, on the basis of intuition and training. The specter of judicial involvement will affect the way soldiers and leaders approach these decisions, potentially complicating and slowing their decisions by injecting judicial considerations which have no place on the battlefield.
Impact is nuclear war Knowles 9 – Acting Assistant Professor, New York University School of Law (Robert, Spring, “American Hegemony and the Foreign Affairs Constitution”, 41 Ariz. St. L.J. 87, Lexis Law) Nonetheless, foreign relations remain special, … President's textually-specified Article I powers.
1nc 4 The United States federal government should shift the offensive use of uninhabited aerial vehicles to title 10 military authority.
adventurism
Congress limits our foreign policy flexibility and doesn’t empirically decrease the likelihood of unnecessary wars Nzelibe and Yoo 13 (Jide Nzelibe, Assistant Professor of Law, Northwestern University Law School, and John Yoo, Professor of Law, University of California at Berkeley School of Law, “Rational War and Constitutional Design,” The Yale Law Journal, Vol. 115, No. 9, 12/8/13)
FUNCTIONAL PURPOSES OF THE … benefits claimed by its proponents.
Presidential control of warmaking better limits which wars we fight - better intelligence Nzelibe and Yoo 13 (Jide Nzelibe, Assistant Professor of Law, Northwestern University Law School, and John Yoo, Professor of Law, University of California at Berkeley School of Law, “Rational War and Constitutional Design,” The Yale Law Journal, Vol. 115, No. 9, 12/8/13) B. Accuracy A second dimension that … greater accuracy in decision-making.
Congress empirically not more successful at selecting wars Nzelibe and Yoo 13 (Jide Nzelibe, Assistant Professor of Law, Northwestern University Law School, and John Yoo, Professor of Law, University of California at Berkeley School of Law, “Rational War and Constitutional Design,” The Yale Law Journal, Vol. 115, No. 9, 12/8/13) Empirically testing the assertion that … answered definitively through theoretical models.
Congressional authorization is counter productive in the cases of terrorist cells or rogue states Nzelibe and Yoo 13 (Jide Nzelibe, Assistant Professor of Law, Northwestern University Law School, and John Yoo, Professor of Law, University of California at Berkeley School of Law, “Rational War and Constitutional Design,” The Yale Law Journal, Vol. 115, No. 9, 12/8/13) A B S T R A C T. Contemporary accounts of the … demands of the international system.
terrorism
Disrupting safe havens is key to reduce EFFECTIVENESS – drone attacks are key to degrade the al-Qaeda core leadership. Byman 11 – (6/3, Daniel, Professor in the Security Studies Program at the Edmund A. Walsh School of Foreign Service at Georgetown University and a Senior Fellow at the Saban Center for Middle East Policy at the Brookings Institution, “Denying Terrorist Safe Havens: Homeland Security Efforts to Counter Threats from Pakistan, Yemen and Somalia,” Testimony for the House Committee on Homeland Security, Subcommittee on Oversight, Investigations and Management, http://www.brookings.edu/research/testimony/2011/06/03-terrorism-byman)
I. The State of the … themselves than to their enemies.
Aggressive CT to disrupt senior AQ leadership is the key internal link to nuclear terror attacks – need to stop the planning process. Montgomery 09 – (2009, Evan Braden, Research Fellow, has published on a range of issues, including alliance politics, nuclear terrorism, military doctrine, and political revolutions, Center for Strategic and Budgetary Assessments, MA in Foreign Affairs, PhD Candidate at UVA, “Nuclear Terrorism: Assessing the Threat, Developing a Response,” http://www.dtic.mil/cgi-bin/GetTRDoc?AD=ADA506768)
The second major implication addresses … the future has correspondingly increased.
Strikes on low level operatives are key – take out the support structure for diffuse terror networks – operation tempo makes recovery impossible Mudd 13 – (5/24, Philip, former senior official at the CIA and the FBI, now director of global risk at SouthernSun Asset Management, “Fear Factor,” Foreign Policy)
The impact of armed drones … than the groups can recover.
Unmanned aerial vehicles (often known … drones as a war-winning system. The 2011 death of AQAP planner Anwar al-Awlaki in an apparent drone strike is especially informative. Despite Awlaki’s U.S. citizenship, President Obama was reported by Newsweek to have considered him a higher priority for capture or elimination than Ayman al-Zawahiri, bin Laden’s replacement as the leader of “al-Qaeda central.” Federal prosecutors, in a case involving an alleged Awlaki associate, maintain that he was the mastermind behind a variety of terrorist activities including the 2009 “Christmas bomber” plot. In this instance, a terrorist operative and Awlaki “student” sought to blow up a passenger aircraft traveling from Amsterdam to Detroit with 280 passengers aboard. The unsuccessful bombing scheme appears … much more frightening choices later.
Disruption and denial solve nuclear terror – need to stop the planning process. Montgomery 09 – (2009, Evan Braden, Research Fellow, has published on a range of issues, including alliance politics, nuclear terrorism, military doctrine, and political revolutions, Center for Strategic and Budgetary Assessments, MA in Foreign Affairs, PhD Candidate at UVA, “Nuclear Terrorism: Assessing the Threat, Developing a Response,” http://www.dtic.mil/cgi-bin/GetTRDoc?AD=ADA506768) The second major implication addresses … the future has correspondingly increased.
Nuclear terror causes accidental US-Russia nuclear war. Barrett et al. 2013 – (6/28, Anthony, PhD, Engineering and Public Policy from Carnegie Mellon University, Director of Research, Global Catastrophic Risk Institute, Fellow in the RAND Stanton Nuclear Security Fellows Program, Seth Baum, PhD, Geography, Pennsylvania State University, Executive Director, GCRI, Research Scientist at the Blue Marble Space Institute of Science, former Visiting Scholar position at the Center for Research on Environmental Decisions at Columbia University, and Kelly Hostetler, Research Assistant, GCRI, “Analyzing and Reducing the Risks of Inadvertent Nuclear War Between the United States and Russia,” Science and Global Security 21(2): 106-133, pre-print, available online) War involving significant fractions of … to misinterpret events as attacks.16
Drones solve Pakistani instability. Curtis 13 – (7/16, Lisa, Senior Researcher, Heritage Foundation, “Pakistan Makes Drones Necessary,” http://www.heritage.org/research/commentary/2013/7/pakistan-makes-drones-necessary) Drones Help Pakistan It is no secret that … judicious use of drone strikes. Complicated Relationship The U.S. will need to keep a … groups like the Haqqani Network.
But a suicide bomber in Pakistan … situation. So should we all.
norms
Not an argument against drones – the tech is there are the US is the best model for its use – Chinese or Russian precedent will be worse. Anderson 13 – (5/24, Kenneth, Professor of Law, Washington College of Law, American University Member, Task Force on National Security and Law, The Hoover Institution, Stanford University, “The Case for Drones,” Real Clear Politics)
This critique often leads, however, … be responsible. Its leaders will be.
Can’t stop proliferation or use- already inevitable Byman 13 – (2013, Daniel, Professor in the Security Studies Program at the Edmund A. Walsh School of Foreign Service at Georgetown University and a Senior Fellow at the Saban Center for Middle East Policy at the Brookings Institution, “Why Drones Work,” Foreign Affairs, July/August 2013) Controlling the spread of drone … a wanted drug trafficker hiding there.
The norms don’t work- they’re unenforceable and don’t Lerner ‘13 BEN LERNER, 3.25.13, American Spectator, “Judging ‘Drones’ From Afar,” http://spectator.org/archives/2013/03/25/judging-drones-from-afar And who would enforce the … others to dictate its outcome.
At the same time, the … between a rock and a hard place.
Economics prevent conflict escalation Creehan 12 – Senior Editor of the SAIS Review of International Affairs (Sean, “Assessing the Risks of Conflict in the South China Sea,” Winter/Spring, SAIS Review, Vol. 32, No. 1)
Regarding Secretary Clinton’s first requirement, … the status quo are unlikely.
China conflict impossible – past incidents prove Cohen and Zenko 12 (Micah Zenko, Fellow for Conflict Prevention at the CFR, and Michael A Cohen, Senior Fellow at the American Security Project, serves on the board of the National Security Network and has taught at Columbia University’s School of International and Public Affairs, served in the U.S. Department of State, former Senior Vice President at the strategic communications firm of Robinson, Lerer and Montgomery, bachelor’s degree in international relations from American University and a master’s degree from Columbia University, Foreign Affairds, “National Insecurity: Just How Safe Is the United States?”
Finally, Miller argues that "a militarized … did during the Cold War."
2NC
Aff introduces judicial activism into targeted killing – destroys military effectiveness and ruins targeted killing program Klimp et al 10 (JACK W. KLIMP, Lt. General, U.S. Marine Corps (Ret.), JOHN D. ALTENBURG, Major General, U.S. Army (Ret.), JAMES J. CAREY, Rear Admiral, U.S. Navy (Ret.), STEVEN B. KANTROWITZ, Rear Admiral, U.S. Navy (Ret.), NORMAN T. SAUNDERS, Rear Admiral, U.S. Coast Guard (Ret.), THOMAS L. HEMINGWAY, Brigadier General, U.S. Air Force (Ret.), ALFRED L. MICHAUD, Colonel, U.S. Army (Ret.), WILLIAM D. PIVARNIK, Captain, U.S. Navy (Ret.), ERIC ROJO, Colonel, U.S. Army (Ret.), PETER J. REYNIERSE, Commander, U.S. Navy (Ret.), THOMAS A. SMITH, Lt. Colonel, U.S. Army (Ret.), ADRIAN CRONAUER, WASHINGTON LEGAL FOUNDATION, NATIONAL DEFENSE COMMITTEE, AND ALLIED EDUCATIONAL FOUNDATION, 10/4/10, http://ccrjustice.org/files/Al-Aulaqi20v20Obama-20Klimp,20et20al20Amicus.pdf)
Amici respectfully submit that this … expertise to undertake such a reexamination.
THEIR FARLEY EV SAYS THEY NEED TO GET RID OF JUDICIAL DEFERENCE TO THE EXECUTIVE Benjamin R. Farley 12, J.D. with honors, Emory University School of Law, 2011. Editor-in-Chief, Emory International Law Review, 2010-2011. M.A., The George Washington University Elliott School of International Affairs, 2007. Winter. 54 S. Tex. L. Rev. 385
Effective accountability mechanisms constrain policymakers' … and how force is used.
Magnitude outweighs – these threats are unique Knowles 9 – Acting Assistant Professor, New York University School of Law (Robert, Spring, “American Hegemony and the Foreign Affairs Constitution”, 41 Ariz. St. L.J. 87, Lexis Law)
The terrible 9/11 attacks altered …. regarding the interrogation, detention, and trial of suspected terrorists. n44
Heg collapse is the biggest impact – turns all their impacts Brzezinski 12—Professor of Foreign Policy @ Johns Hopkins Zbigniew, After America, Foreign Policy, Jan/Dec 2012, http://www.foreignpolicy.com/articles/2012/01/03/after_america?page=0,0 For if America falters, the world is unlikely …… a dangerous slide into global turmoil.
Any oversight crushes counter-terror- delay Oliphant 13 -- National Journal deputy magazine editor; citing Gregory McNeal, a counterterrorism expert at Pepperdine University James, “Vetting the Kill List,” 5-30-13, http://www.nationaljournal.com/magazine/vetting-the-kill-list-20130404, accessed 8-16-13, mss
But even among supporters, no … last minute of the operation.”
Others cautioned that lawmakers would need to assert themselves on this issue to achieve oversight responsibilities. It is possible for Congress to keep the executive branch in check, an Insider said, only if members “are willing to use their constitutional power of the purse to enforce their oversight of defense and intelligence programs.” Another 39 percent said proper oversight … chief of the armed forces."
Detailed data driven analysis indicates that drones are associated with fewer and less violent terrorist attacks. Johnston and Sarbahi 13 – (July 2013, Patrick, PhD, Political Scientist at the RAND Corporation, former Research Fellow in the International Security Program at the Belfer Center for Science and International Affairs, Harvard, and Anoop, PhD, Postdoctoral Scholar, Empirical Studies of Conflict Center, UCLA, “The Impact of U.S. Drone Strikes on Terrorism in Pakistan and Afghanistan,” google scholar)
Drone strikes are not the … be dismissed out of hand.
Drones work – help the Yemeni government maintain control. Terrill 13 – (2013, W. Andrew, PhD, Strategic Studies Institute's Middle East specialist, formerly with the Lawrence Livermore National Laboratory and US Air War College, “Drones over Yemen: Weighing Military Benefits and Political Costs,” Parameters 42(4)/43(1) Winter-Spring 2013, http://www.strategicstudiesinstitute.army.mil/pubs/parameters/Issues/WinterSpring_2013/2_Article_Terrill.pdf)
In the case of Yemen, … , including drone use, when appropriate.
Achievements in Yemen Enabled by Drones The history of US drone activity in Yemen is still subject to considerable secrecy and cannot be written in full until more information has been declassified and released. Nevertheless, there are a number of known examples where drones appear to have made a significant difference in helping the Yemeni government cope with AQAP while reducing that organization’s ability to conduct international terrorism. Two of these instances are especially compelling and deserve special consideration. They are: (1) the September 2011 death of terrorist leader Anwar al Awlaki, and (2) the use of drones to support Yemen’s May-June 2012 offensive against AQAP insurgents and members of the AQAP insurgent organization, Ansar al Shariah, which by early 2012 had seized power in a number of southern Yemeni towns and cities. 6 The death of Awlaki in a drone strike is especially informative when considering the value of these systems.7 Despite Awlaki’s US citizenship, President Obama was reported by Newsweek to have considered him a higher priority for capture or elimination than Ayman al Zawahiri, bin Laden’s replacement as the leader of “al Qaeda central.”8 Federal prosecutors, in a case involving an alleged Awlaki associate, maintain that he was the mastermind behind a variety of terrorist activities including the 2009 “Christmas bomber” plot. 9 In this effort, Umar Farouk Abdulmutallab, a terrorist operative and Awlaki “student” attempted to demolish a Detroit-bound passenger jet that left Amsterdam with 280 people aboard. This plan failed, and Abdulmutallab was badly burned when a bomb sewn into his underwear did not detonate properly. He was then restrained by airline personnel and arrested when the aircraft landed.10 This unsuccessful plot appears to have had the diabolical purpose of provoking US leadership to invade Yemen in response to these innocent deaths. Such an intervention with ground troops could have produced catastrophic results. Yemen is a highly nationalistic country of 24 million people and 60 million firearms. Any intervention there could last for years and expand rather than diminish the ranks of AQAP. This disaster was well worth avoiding on both foreign policy and humanitarian grounds.
Drone strikes take out aqap Emker 13 – (1/14, Stacey, senior editor, Journal … helped in avoiding catastrophic mistakes.
1NR
Structural factors mean the transatlantic partnership will inevitably fall – and that’s ok – the plan can’t change this Walt 11 (Stephen M. Walt, professor of international affairs at Harvard University's John F. Kennedy School of Government, “The coming erosion of the European Union,” 8/18/11) http://walt.foreignpolicy.com/posts/2011/08/18/the_coming_erosion_of_the_european_union Third, I argued that the glory … back the tides of history
Policy disagreements don’t spillover – fundamental alliance is strong. Ayoob and Zierler 05 – (Mohammed Ayoob is a University Distinguished Professor of International Relations, and Matthew Zierler is a visiting Assistant Professor of International Relations at James Madison College, World Policy Journal, Spring, Volume 22, “The Unipolar Concert: The North-South Divide Trumps Transatlantic Differences”)
Second, disagreements within the concert … the European Union and NATO.
ASAT attacks are too difficult to pull off – the scale of the challenge makes it impossible to hit enough satellites, and redundancy means the US won’t lose critical systems Forden 08 – (Geoffrey, PhD, research associate at MIT, specializes in analysis of Russian and Chinese space systems, former Chief of Multidiscipline Analysis Section for UNMOVIC, the UN agency responsible for verifying and monitoring the dismantlement of Iraq's weapons of mass destruction, former strategic weapons analyst in the National Security Division of the Congressional Budget Office, “How China Loses the Coming Space War,” http://www.wired.com/dangerroom/2008/01/inside-the-chin/)
At the same time that … ability use precision-guided munitions.
Conflicts are inevitable, but will stay limited to the region. SWP 5/23/2k13 (Stiftung Wissenschaft und Politik, German Institution for International and Security Affairs, Germany’s most important foreign policy think tank, “After the Boston Attacks: The Role of Terrorism in the Northern Caucasus”, Online, http://www.fairobserver.com/article/After-Boston-Attacks-Role-Terrorism-Northern-Caucasus)
With the Boston Bombings, public … established almost ten years earlier.
Russia’s combination of soft and hard power checks escalation of conflict Hahn 2k12 (Gordon, Senior Associate (Non- Resident) at the Center for Strategic and International Studies (CSIS) in Washington, DC; a Senior Research- er and Adjunct Professor in the Monterey Terrorism Research and Education Program at the Monterey Institute for International Studies in California; and an Analyst and Consultant for Russia, “The Caucasus Emirate Jihadists: The Security and Strategic Implications”, Online, http://www.strategicstudiesinstitute.army.mil/pubs/display.cfm?pubID=1116)
Already during Putin’s second term, … the June 2011 St. Petersburg Economic Forum.145
No war – unwinable for both sides and the costs of nuclear war are too high Chari and Rizvi 08 – (*P. R. Chari is a research professor at the Institute for Peace and Conflict Studies in New Delhi and a former member of the Indian Administrative Service. Hasan Askari Rizvi is an independent political and defense consultant in Pakistan and is currently a visiting professor with the South Asia Program of the School of Advanced International Studies, Johns Hopkins University. “Making Borders irrelevant in Kashmir” http://www.usip.org/files/resources/sr210.pdf) The Kashmir dispute has reached … movement of people and goods
President is actually more accountable to the public Nzelibe and Yoo 13 (Jide Nzelibe, Assistant Professor of Law, Northwestern University Law School, and John Yoo, Professor of Law, University of California at Berkeley School of Law, “Rational War and Constitutional Design,” The Yale Law Journal, Vol. 115, No. 9, 12/8/13) We propose three central criteria … the wishes of the electorate. No blowback – systematic first person interviews disprove – their evidence makes racist and unjustified assumptions. Swift 12 – (7/1, Christopher, fellow at the University of Virginia's Center for National Security Law, “The Drone Blowback Fallacy,” Foreign Affairs, http://www.foreignaffairs.com/articles/137760/christopher-swift/the-drone-blowback-fallacy?page=show) Critics argue that drone strikes … more than they were hurting it. Actually causes backlash against AQ and the Taliban – frees up population to fight back Llenza 11 – (2011, Michael, Diplomacy Department, Norwich University, US Navy fellow at the Atlantic Council’s Brent Scowcroft Center on International Security, “Targeted Killings in Pakistan: A Defense,” Global Security Studies, Spring, 2011, Volume 2, Issue 2) In the end, what matters … result in their return (ibid.)
Can’t replace lost talent – means no impact Anderson 13 – (5/24, Kenneth, Professor of Law, Washington College of Law, American University Member, Task Force on National Security and Law, The Hoover Institution, Stanford University, “The Case for Drones,” Real Clear Politics) Other critics argue that drone … plan another 9/11 is also critical.
9/29/13
GSU Round 5
Tournament: Gsu | Round: 5 | Opponent: Minnesota Crunkilton-Ehrlich | Judge: Steiner 1NC 0 The first half of the plan ends indefinite detention – gives them trials but the plan fiats their release which is extra-topical Greenwald 11 (Glenn Greenwald, Three myths about the detention bill, Friday, Dec 16, 2011 06:56 AM EST, http://www.salon.com/2011/12/16/three_myths_about_the_detention_bill/)
It simply cannot be any … of this crystal clear provision.
They should lose – extra T proves the Resolution insufficient and means the plan is outside your jurisitiction
And Good ground – giving trials and expanding grounds solves every reason why the Aff is good but their interp allows Aff’s to fiat out of all procedural problems
1NC 1 The Supreme Court will rule in favor of the petitioner in DaimlerChrysler v Bauman because Roberts has avoided controversial rulings – new controversial rulings derail the fragile consensus Citron 13 (Rodger, Professor of Law at Touro Law Center, "Seven Ways of Looking at Kiobel v. Royal Dutch Petroleum and the Supreme Court Under Chief Justice John Roberts - See more at: http://verdict.justia.com/2013/07/03/seven-ways-of-looking-at-kiobel#sthash.qucNe3Pw.dpuf," Justia, July 3, verdict.justia.com/2013/07/03/seven-ways-of-looking-at-kiobel)
(7) Or Planting the Seeds … is truly the Roberts Court.
Judicial review of Presidential war … backlash from the political branches Druck 10 (Judah, B.A., Brandeis University, 2010; J.D. Candidate, Cornell Law School, 2013; Notes Editor, Cornell Law Review, Volume 98., "Droning On: The War Powers Resolution and the Numbing Effect of Technology-Driven Warfare," Cornell Law Review, www.lawschool.cornell.edu/research/cornell-law-review/upload/Druck-final.pdf) The suits arising out of … , the lesser of two¶ evils.¶ B
This Court has recognized that … of foreign commerce and investment.
The economy --- extinction results Austin ‘09 (Michael, Resident Scholar – American Enterprise Institute, and Desmond Lachman, Resident Fellow – American Enterprise Institute, “The Global Economy Unravels”, Forbes, 3-6, http://www.aei.org/article/100187) Conversely, global policymakers do not … that coalesce into a big bang.
1NC 2
The Executive Office of the President should issue an executive order: restricting its ability to detain persons without habeas corpus hearings subject to due process guarantees, guaranteeing individuals who win their habeas corpus hearing be release, and eliminating all practice of torture by the United States.
Exos solve – shape the agenda Mayer ‘1 (Kenneth, professor of political science at the University of Wisconsin-Madison, Ph.D. Yale University, 1988 (Political Science), M.A., M Phil Yale University, 1987 (Political Science), B.A. University of California, San Diego 1982 (Political Science), “Executive Orders and Presidential Power” (2001), 28-29)
This theoretical perspective offered by … which they have no control.
These three topics are deeply … unseen robots in the sky.
Restricted detention leads to increased drone use Chesney 11 (Robert, Charles I. Francis Professor in Law, University of Texas School of Law, “ARTICLE: WHO MAY BE HELD? MILITARY DETENTION THROUGH THE HABEAS LENS”, Boston College Law Review, 52 B.C. L. Rev 769, Lexis) The convergence thesis describes one … lens of habeas corpus litigation.
Extinction Wittner 11 (Lawrence S., Emeritus Professor of History at the State University of New York/Albany, Wittner is the author of eight books, the editor or co-editor of another four, and the author of over 250 published articles and book reviews. From 1984 to 1987, he edited Peace and Change, a journal of peace research., 11/28/2011, "Is a Nuclear War With China Possible?", www.huntingtonnews.net/14446) The gathering tension between the … , and generating chaos and destruction.
1NC 4 The United States federal judiciary should rule that all habeas corpus hearings of persons detained under the War Powers Authority of the President of the United States be subject to due process guarantees. The United States federal judiciary should not release winners of habeas corpus suits except upon demonstration of appropriate human rights protections for those individuals upon release.
They will be sent back to china, tortured and indefinitely detained there – turns the aff Sakeenah 8 (Maryam Sakeenah, “Xinjiang: China’s Other Tibet And the Devastaing Blows of Chinese State Policy,” December 2008, http://www.academia.edu/1825182/Xinjiang_Chinas_Other_Tibet_) ARRESTS AND DETENTIONS EN MASSE, … been falsely persecuted for this.”
Al Qaeda barely mentions Gitmo in their propaganda – tons of alt causes trigger their recruiting internal Byman 10 (Dan, Professor in the Security Studies Program of the School of Foreign Service at Georgetown, Senior Fellow, Foreign Policy, and Research Director, Saban Center for Middle East Policy at Brookings, “Dan Byman on Guantanamo as Recruitment Tool,” 12/28/10, http://www.lawfareblog.com/2010/12/dan-byman-on-guantanamo-as-recruitment-tool/)
Al-Qa’ida and associated movements … make things even more compelling.
Can’t successfully prosecute terrorists Walen 12 (Alec, Associate Professor of Law, Rutgers School of Law, “A Unified Theory of Detention, with Application to Preventive Detention for Suspected Terrorists,” 10/26/12, Maryland Law Review Volume 70 Issue 4, http://digitalcommons.law.umaryland.edu/cgi/viewcontent.cgi?article=3466andcontext=mlr) A more legitimate concern is … until October 2001 and December 2004, respectively.”
No nukes – can’t make or steal a nuclear weapon Brooks 10 (Barry Brooks, Professor of Climate Change University of Adelaide, guest post by a Canadian chemist and materials scientist, “Analysis of the 2010 Nuclear Summit and the obsession with highly enriched uranium,” 5/15/10) http://bravenewclimate.com/2010/04/15/dv82xl/
First let’s make one thing … nearer to realizing this ambition,
The war in Iraq (and … image in Europe and elsewhere.
States don’t have feelings – soft power doesn’t work Fan 7 (Ying, Senior Lecturer in Marketing at Brunel Business School, Brunel University in London, “Soft power: Power of attraction or confusion?”, November 14) The whole concept of soft … , and reject American culture’ ( Opelz, 2004 ).
Best studies prove no theoretical justification for soft power Brooks and Wohlforth 8 (Stephen Brooks and William Wohlforth 8, IR @ Dartmouth, World Out of Balance, p. 158-170) According to the logic of … that is relevant to them.43
Soft power is ineffective and depends entirely on hard power Liaropoulos 10 (Andrew, Senior Analyst in the Research Institute for European and American Studies; lecturer in University of Piraeus, Department of International and European studies; also teaches in the Joint Staff War College, the National Security College, the Air War College and the Naval Staff Command College; Masters in Intelligence and Strategic Studies and PhD, “Being Hard on Soft Power,” no date given but must be written in 2010 or 2011 because he cites references published in 2010, http://www.rieas.gr/research-areas/global-issues/transatlantic-studies/1519-being-hard-on-soft-power-.html) Soft power has been highly … easy task, even for a hegemon.
Specific decisions aren’t modeled – their evidence is broad and about specific assistance or consituton writing Klug (Assistant Professor, University of Wisconsin Law School) 2000 (Heinz, Model and Anti-Model: The United States Constitution and the "Rise of World Constitutionalism," 2000 Wis. L. Rev. 597) However, instead of specific constitutional … subsequent waves of constitution-makers.
And Backlash – Judicial restraint of war powers in an emerging democracy would be ignored or lead to massive backlash – both destroy the judiciary and democracy Hirschl (University of Toronto, Faculty of Law and Department of Political Science) 8 (Ran, THE JUDICIALIZATION OF MEGA-POLITICS AND THE RISE OF POLITICAL COURTS, Annu. Rev. Polit. Sci. 2008. 11: 93-118)
Occasionally, courts may respond to … original ruling in Shah Bano.
Strong judicial review in Russia only entrenches local elites – doesn’t promote democracy Trochev 4 Alexei Trochev Associate Lecturer, University of Wisconsin School of Law “Less Democracy, More Courts: A Puzzle of Judicial Review in Russia” Law and Society Review, Volume 38, Number 3 (2004)
I focus on the puzzles: …, religious or ethnic minorities).
DEFERENCE The political question doctrine is well-entrenched constitutional law – it justifies judicial deference to the President on war powers and national security issues Fix and Randazzo 10 (Michael P. Fix, Kirk A. Randazzo, Professors of Political Science, “Judicial Deference and National Security: Applications of the Political Question and Act of State Doctrines”, Democracy and Security, 3/16/10, http://people.cas.sc.edu/randazzo/fix_randazzo_2010_dem_and_sec.pdf) The political question doctrine is … the President’s conduct of war.”
Deference key to heg – 5 reasons Knowles 9 – Acting Assistant Professor, New York University School of Law (Robert, Spring, “American Hegemony and the Foreign Affairs Constitution”, 41 Ariz. St. L.J. 87, Lexis Law)
Flexibility Because the world … individual liberties, even for citizens.
Deference causes nuclear first strikes and nuclear terrorism Green 97 – Associate at McNair Law Firm, JD Magna Cum Laude at Univ of South Carolina (Tracey Cotton, South Carolina Environmental Law Journal, 6 S.C Envtl. L.J. 137, Fall) The deployment of nuclear weapons, … federal law passed by Congress. 63 *145
They can’t access their international impacts because foreign judiciaries model ineffectively and crudely Chodosh 03 (Hiram, Professor of Law, Director of the Frederick K. Cox International Law Center, Case Western Reserve University School of Law, 38 Tex. Int'l L.J. 587, lexis) Exposure to foreign systems is … of the system as a whole. 105
The impact is empirically false. The US has trampled on international law from the beginning Steven Holloway, professor of political science at St. Francis Xavier University, Global Governance, July-September 2000, p. 363. There are, after all, grounds … only 45 percent of the time.
Too weak to accomplish anything Stark 2002 – Visiting Professor of Law at Hofstra Law School (Barbara, Violations of Human Dignity' and Postmodern International Law, 27 Yale J. Int'l L. 315, Summer) Unlike domestic law, international law … to apply in specific cases.
Turn: international law crushes rights—even undemocratic domestic rule is superior. McGinnis and Somin 2009 - *Sr. Professor of Law at Northwestern, Assistant Professor of Law at George Mason University School of Law (April, “Democracy and International Human Rights Law”, Notre Dame Law Review, 84 Notre Dame L. Rev. 1739, Lexis, WEA) Our analysis rests on both … of the domestic lawmaking system.
Tortute Moral absolutism dumb Jeffrey C. Isaac, James H. Rudy Professor … . And it undermines political effectiveness.
Rule of law
Foreign judiciaries will model crudely—dooms judicial reform Chodosh 03 (Hiram, Professor of Law, Director of the Frederick K. Cox International Law Center, Case Western Reserve University School of Law, 38 Tex. Int'l L.J. 587, lexis)
Exposure to foreign systems is … of the system as a whole. 105
Judicial independence isn’t key Helmke and Rosenbluth 09 (Gretchen, Department of Political Science, University of Rochester, and Frances, Department of Political Science, Yale University, Annual Review of Political Science, Vol. 12, June, “Regimes and the Rule of Law: Judicial Independence in Comparative Perspective”)
In this article, we have … where the other is lacking.
CMR is dumb – executive control of the military now is civil control, solves their impact
Burnout still applies to bioweapons Sedon and Homes, 06 – Writer and PhD Professor of Biology at PennState (Michael and Edward, “Emerging viruses: Past, present, and future,” 11-6-06, http://www.rps.psu.edu/unplugged/fall06/holmes.html) Without the costly protease inhibitor … from person-to-person after infection."
Countermeasures and basic biology show how absurd this impact is Coates 09 – former adjunct professor at George Washington University, President of the Kanawha Institute for the Study of the Future and was President of the International Association for Impact Assessment and was President of the Association for Science, Technology and Innovation, M.S., Hon D., FWAAS, FAAAS, (Joseph F., Futures 41, 694-705, "Risks and threats to civilization, humankind, and the earth”, ScienceDirect)
Could diseases in animals be … effects comprising a threat to stability.
2NC
Obama is self-restricting drone use now – Pivot to detention Corn 13 (David, Washington Bureau Chief, “Obama's Counterterrorism Speech: A Pivot Point on Drones and More?”, 5/23/13, http://www.motherjones.com/mojo/2013/05/obama-speech-drones-civil-liberties) So Obama's speech Thursday on … , though, may be a long one.
Roberts stewardship is key – compromise is key to future big conservative rulings Litpak 6-27 (Adam, "Roberts Pulls Supreme Court to the Right step by Step," New York Times, www.nytimes.com/2013/06/28/us/politics/roberts-plays-a-long-game.html?pagewanted=all) But glancing at an end-… . “It proceeds in incremental steps.”
Chesney concedes that there is a trade-off and that his no link argument only applies to the FATA, which is also where their uq evidence says drone strikes are inevitable now- that means that all of the other areas where drones strikes are down create a unique scenario for drone ramp up *Their 2AC evidence Robert Chesney 11, Charles I. Francis Professor in Law at the UT School of Law as well as a non-resident Senior Fellow at Brookings, "Examining the Evidence of a Detention-Drone Strike Tradeoff", October 17, www.lawfareblog.com/2011/10/examining-the-evidence-of-a-detention-drone-strike-tradeoff/ Having said all that: it … complex and difficult to measure.
The drone-detention trade-off is real, even if they’re right about inability to capture in the FATA eliminating detention sets a dangerous precedent that’s modeled and collapses US credibility and democratic accountability- turns the whole aff Trombly 10 Daniel Trombly, Defense Contractor and author for the New American Century, “Is there a detention/drone trade-off?” MAY 19, 2010, http://slouchingcolumbia.wordpress.com/2010/05/19/is-there-a-detentiondrone-trade-off/ By some accounts, the growing … of torture and secret detentions. Besides putting an end to harsh interrogation methods, the president issued executive orders to ban secret CIA detention centers and close the Guantanamo Bay prison camp. Some current and former counterterrorism … to the rule of law.
This is a willful misreading of this evidence- it says that European government care more about BUSH policies on Gitmo, and having given Obama a pass on them- that actually takes out their advantage- seriously read the way we’re rehighlighted it and tell us we’re wrong about this John Bellinger 13, partner in the international and national security law practices at Arnold and Porter LLP in DC, Adjunct Senior Fellow in International and National Security Law at the CFR, "Peter Baker on Mounting Criticisms of Obama Administration CT Policies", February 10, www.lawfareblog.com/2013/02/peter-baker-on-mounting-criticisms-of-obama-administration-ct-policies/ One of Baker’s more interesting … so, how the Administration will respond.
No spillover and no escalation. Finel 09 – Bernard Finel is a Contributing Editor at the Atlantic Council and a Senior Fellow at the American Security Project 2009, “Afghanistan is Irrelevant” (http://www.acus.org/NEW_ATLANTICIST/AFGHANISTAN-IRRELEVANT, Atlantic Council)
The problem with the consensus is that virtually the case of Communist expansion.
No escalation—shared interests Collins and Wohlforth 4 (Kathleen, Prof PoliSci–Notre Dame and William, Prof Government–Dartmouth, “Defying ‘Great Game’ Expectations”, Strategic Asia 2003-4: Fragility and Crisis, p. 312-3)
Conclusion The popular great game … domestic stability in Central Asia.
The Supreme Court will deny jurisdiction Van Detta 13 (Jeffrey, Professor of Law and Associate Dean for Scholarship, Atlanta's John Marshall Law School (AJMLS), Atlanta, Georgia., "Some Legal Considerations For E.U.-Based MNEs Contemplating High-Risk Foreign Direct Investments in the Energy Sector After Kiobel v. Royal Dutch Petroleum and Chevron Corporation v. Naranjo," South Carolina Journal of International Law and Business, Spring, Lexis) The Supreme Court is poised … arm of American law's span.
The court avoids making decisions if they fear backlash Fallon 5 (Richard, Richard H. Fallon, Jr., Professor of Constitutional Law, Harvard Law School, April “Legitimacy and the Constitution,” Lexis) Among other things, the public's … evolving attitudes of their society.
Political capital limited Young 99 (Ernest A., Assistant Professor at the University of Texas School of Law, "State SOvereign Immunity and the Future of Federalism" The Supreme Court Review, 1999, Lexis) The opportunity cost of immunity … willingness repeatedly to confront Congress. Status quo detention decisions are … causes executive and political backlash Devins 10 (Neal, Goodrich Professor of Law and Professor of Government, "Talk Loudly and Carry a Small Stick: The Supreme Court and Enemy Combatants," William and Mary Law School Scholarship Repository, scholarship.law.wm.edu/cgi/viewcontent.cgi?article=1024andcontext=facpubs) Throughout the course of its … of the President and Congress.
Meaningful breaks from status quo indefinite detention policy are highly controversial Devins 10 (Neal, Goodrich Professor of Law and Professor of Government, "Talk Loudly and Carry a Small Stick: The Supreme Court and Enemy Combatants," William and Mary Law School Scholarship Repository, scholarship.law.wm.edu/cgi/viewcontent.cgi?article=1024andcontext=facpubs) For much the same reason, … corpus limits on governmental power.
Framing issue – no judicial involvement … link goes only one way Elsea et al 13 (Jennifer Michael Garcia, Thomas Nicola, Legislative Attorneys, "Congressional Authority to Limit Military Operations," Congressinoal Research Service, February 19, www.fas.org/sgp/crs/natsec/R41989.pdf) While the Obama Administration’s interpretation … … thicket.
Economic decline leads to authoritarian nationalism that undercuts other checks on conflict Lind 10 – MA from Yale, JD from UTA Michael, policy director of the Economic Growth Program at the New America Foundation, MA in International Relations from Yale University and a JD from the University of Texas Law School, Michael Lind: Will the Great Recession Lead to World War IV?, http://hnn.us/roundup/entries/126611.html
If history is any guide, an era of global economic …. powers pursue their conflicting national interests.
Econ decline causes global catastrophe and nuclear war Harris and Burrows 9 Mathew, PhD European History @ Cambridge, counselor in the National Intelligence Council (NIC) and Jennifer is a member of the NIC’s Long Range Analysis Unit “Revisiting the Future: Geopolitical Effects of the Financial Crisis” http://www.ciaonet.org/journals/twq/v32i2/f_0016178_13952.pdf Increased Potential for Global Conflict Of course, the report encompasses …. between states in a more dog-eat-dog world.
Camp Bucca, a detention facility …. after the 2003 U.S.-led invasion.
Russian nukes will not be stolen Frost 2005 (Robin, teaches political science at Simon Fraser University, British Colombia, “Nuclear Terrorism after 9/11,” Adelphi Papers, December)
Russian nuclear weapons. Russian nuclear …. more expensive course.
Russian nuclear security is robust Frost 2005 (Robin, teaches political science at Simon Fraser University, British Colombia, “Nuclear Terrorism after 9/11,” Adelphi Papers, December)
The NIC’s 2004 report also addressed …. are they ‘scattered throughout’ the country.
1NR
Deference key to heg – 5 reasons Knowles 9 – Acting Assistant Professor, New York University School of Law (Robert, Spring, “American Hegemony and the Foreign Affairs Constitution”, 41 Ariz. St. L.J. 87, Lexis Law)
Flexibility Because the world … individual liberties, even for citizens.
Legitimacy is inevitable and isn’t key to cooperation anyway Wohlforth 9 — Daniel Webster Professor of Government, Dartmouth. BA in IR, MA in IR and MPhil and PhD in pol sci, Yale (William and Stephen Brooks, Reshaping the World Order, March / April 2009, Foreign Affairs Vol. 88, Iss. 2; pg. 49, 15 pgs) FOR ANALYSTS such as Zbigniew … reform of the international system.
Realism and securitization are inevitable Thayer 2004 – Thayer has been a Fellow at the Belfer Center for Science and International Affairs at the Kennedy School of Government at Harvard University and has taught at Dartmouth College and the University of Minnesota Darwin and International Relations: On the Evolutionary Origins of War and Ethnic Conflict, University of Kentucky Press, 2004, pg. 75-76 adi The central issue here is … food, shelter, or other resources).
Empirically US strong judicial review has been rejected as a model – Lochner led framers to choose weaker review models Schor 9 Miguel Schor Associate Professor of Law, Suffolk University Law School, “Designing a Judiciary: The Strange Cases of Marbury and Lochner in the Constitutional Imagination” 87 Tex. L. Rev. 1463 2009
Democracies around the globe constitutionalized … power to construe its dictates.
Obama is self-restricting drone use now – Pivot to detention Corn 13 (David, Washington Bureau Chief, “Obama's Counterterrorism Speech: A Pivot Point on Drones and More?”, 5/23/13, http://www.motherjones.com/mojo/2013/05/obama-speech-drones-civil-liberties) So Obama's speech Thursday on … , though, may be a long one.
Roberts stewardship is key – compromise is key to future big conservative rulings Litpak 6-27 (Adam, "Roberts Pulls Supreme Court to the Right step by Step," New York Times, www.nytimes.com/2013/06/28/us/politics/roberts-plays-a-long-game.html?pagewanted=all) But glancing at an end-… . “It proceeds in incremental steps.”
Judiciary intervening in war powers constrains the President – causes international instability Nzelibe and Yoo 6 (Jide Nzelibe, Professor of Law at Northwestern and John Yoo, Professor of Law at UC Berkeley, “Rational War and Constitutional Design,” The Yale Law Journal, Vol. 115, No. 9, The Most Dangerous Branch? Mayors, Governors, Presidents, and the Rule of Law: A Symposium on Executive Power (2006), pp. 2512-2541, http://www.jstor.org/stable/20455704)
D. The Dangers of judicial Intervention … that the President seek legislative authorization will contribute to greater international instability once a conflict has already started.
Failure of counterinsurgency is a misnomer Wohlforth, 07 – Olin Fellow in International Security Studies at Yale (William, “Unipolar Stability”, Harvard International Review, Spring, http://hir.harvard.edu/articles/1611/)
3. Germ warfare! Like chemical … to happen in the future.
9/29/13
GSU Round 7
Tournament: Gsu | Round: 7 | Opponent: Michigan Allen-Pappas | Judge: Short 1nc The Executive Office of the President should issue an executive order implementing title 60 restrictions on the targeted killing authority of the President of the United States.
Exos solve – shape the agenda Mayer ‘1 (Kenneth, professor of political science at the University of Wisconsin-Madison, Ph.D. Yale University, 1988 (Political Science), M.A., M Phil Yale University, 1987 (Political Science), B.A. University of California, San Diego 1982 (Political Science), “Executive Orders and Presidential Power” (2001), 28-29)
This theoretical perspective offered by … which they have no control. 1nc Congress will raise the debt ceiling now – but it’ll be a tough fight The Detriot News 9/19/13 (Dale McFeatters, "Another Debt Ceiling Debate?") The tea party-influenced wing … , the president almost dare not.
FORT MCNAIR, Washington, D.C. -- Faced with … oversight by regular federal courts."
Losers lose – perception key Loomis ‘7 (Dr. Andrew J., Visiting Fellow at the Center for a New American Security, and Department of Government at Georgetown University, “Leveraging legitimacy in the crafting of U.S. foreign policy”, 3/2/07, pg 36-37, http://citation.allacademic.com//meta/p_mla_apa_research_citation/1/7/9/4/8/pages179487/p179487-36.php) American political analyst Norman Ornstein … of U.S. policy, foreign and domestic.
Even delaying to raise the debt ceiling would end the recovery Masters 13 (Jonathan, Deputy Editor at the Council on Foreign Relations, Backgrounder, jan 2 2013"US Debt Ceiling. Costs and Consequences") Most economists, including those in … adverse effects on the economy."
Global nuclear war Harris and Burrows 9 Mathew, PhD European History @ Cambridge, counselor of the U.S. National Intelligence Council (NIC) and Jennifer, member of the NIC’s Long Range Analysis Unit “Revisiting the Future: Geopolitical Effects of the Financial Crisis” http://www.ciaonet.org/journals/twq/v32i2/f_0016178_13952.pdf Of course, the report encompasses … a more dog-eat-dog world.
1nc
Bringing drones into the open causes public backlash – avoid debates about the specifics is key. Lewis 13 – (2/6, Matthew, “Obama, drones, and the blissful ignorance of Americans,” http://theweek.com/article/index/239721/obama-drones-and-the-blissful-ignorance-of-americans) Still, in my estimation, President … tidier — so much more sophisticated. Dead men tell no tales.
Aggressive CT to disrupt senior AQ leadership is the key internal link to nuclear terror attacks – need to stop the planning process. Montgomery 09 – (2009, Evan Braden, Research Fellow, has published on a range of issues, including alliance politics, nuclear terrorism, military doctrine, and political revolutions, Center for Strategic and Budgetary Assessments, MA in Foreign Affairs, PhD Candidate at UVA, “Nuclear Terrorism: Assessing the Threat, Developing a Response,” http://www.dtic.mil/cgi-bin/GetTRDoc?AD=ADA506768)
The second major implication addresses … the future has correspondingly increased.
Nuclear terror causes accidental US-Russia nuclear war. Barrett et al. 2013 – (6/28, Anthony, PhD, Engineering and Public Policy from Carnegie Mellon University, Director of Research, Global Catastrophic Risk Institute, Fellow in the RAND Stanton Nuclear Security Fellows Program, Seth Baum, PhD, Geography, Pennsylvania State University, Executive Director, GCRI, Research Scientist at the Blue Marble Space Institute of Science, former Visiting Scholar position at the Center for Research on Environmental Decisions at Columbia University, and Kelly Hostetler, Research Assistant, GCRI, “Analyzing and Reducing the Risks of Inadvertent Nuclear War Between the United States and Russia,” Science and Global Security 21(2): 106-133, pre-print, available online)
War involving significant fractions of … to misinterpret events as attacks.16
Drones Help Pakistan It is no secret that … judicious use of drone strikes. Complicated Relationship The U.S. will need to keep a … groups like the Haqqani Network.
Other critics contend that by … refrains from employing that technology.
Drone prolif is slow and the impact is small Zenko ’13 Micah, Douglas Dillon fellow in the Center for Preventive Action (CPA) at the Council on Foreign Relations (CFR). Previously, he worked for five years at the Harvard Kennedy School and in Washington, DC, at the Brookings Institution, Congressional Research Service, and State Department’s Office of Policy Planning, “Reforming U.S. Drone Strike Policies,” January, Council Special Report No. 65, online
Based on current trends, it … drones in the near term.
Deterrence STILL checks – diplomatic costs Singh 12 (Joseph Singh is a researcher at the Center for a New American Security. “Betting Against a Drone Arms Race,” http://nation.time.com/2012/08/13/betting-against-a-drone-arms-race/) Bold predictions of a coming drones … their arrival in large numbers.
Drone proliferation is inevitable and has nothing to do with the US – it’s better for us to lead than play catch-up Anderson 11 (Kenneth Anderson, Professor at Washington College of Law, American University; and Hoover Institution visiting fellow, member of Hoosver Task Force on National Security and Law; nonresident senior fellow, Brookings Institution, October 9, 2011, What kind of drones arms race is coming, http://www.volokh.com/2011/10/09/what-kind-of-drones-arms-race-is-coming/#more-51516) By asserting that “we’re” creating it, … “arms race” surrounding drones will be. Unmanned aerial vehicles have clearly got a big push from the US military in the way of research, development, and deployment. But the reality today is that the technology will transform civil aviation, in many of the same ways and for the same reasons that another robotic technology, driverless cars (which Google is busily plying up and down the streets of San Francisco, but which started as a DARPA project). UAVs will eventually move into many roles in ordinary aviation, because it is cheaper, relatively safer, more reliable – and it will eventually include cargo planes, crop dusting, border patrol, forest fire patrols, and many other tasks. There is a reason for this – the avionics involved are simply not so complicated as to be beyond the abilities of many, many states. Military applications will carry drones many different directions, from next-generation unmanned fighter aircraft able to operate against other craft at much higher G stresses to tiny surveillance drones. But the flying-around technology for aircraft that are generally sizes flown today is not that difficult, and any substantial state that feels like developing them will be able to do so. But the point is that … that are … more discriminating. The real place where states divide in their technological abilities with respect to drones is not about avionics or weapons – but the third, crucial conceptual element of a drone: sensor capabilities. Those are capabilities in both hardware, the kinds of signals that can be taken in from the real world (video, radar, infrared, etc.), and software, the kinds of analytic integration that can be achieved, coupled with other streams from outside the drone, such as general telecomm monitoring. That is an area in which the US has a significant edge – the Chinese, Russians, India, or for that matter, Germany or France, could do it if desired, though everyone will find it easier to steal it and reverse engineer. Worth noting, as well, something that is rarely noted: today’s sensor technologies work well over deserts and largely bare mountains. They have not been developed for seeing through forest or jungle cover. Moreover, none of this takes account of a central reason why the US is successful with drones in Pakistan – the investment over years in an on-the-ground intelligence network that permits targeting in the first place: the focus on drones as technology in the Shane piece doesn’t not pay enough attention to this crucial, non-technological element. The recent Reuters piece on the ground-level intelligence piece makes it clear that purely focusing on the technology gives a profoundly misleading picture of drones and their capabilities. But again, let’s ask, why … who want it are limited. The real arms race in drones will take place, not around drones themselves, but in counters to drones. Drones are effective, in their current form, against non-state actors, terrorists, low tech insurgents, because they have no air-defense systems. The game changer in Afghanistan against Soviet helicopters was American-supplied Stinger missiles. When some state designs and starts handing out some form of air-defense system to non-state actors, then the arms race in drones actually begins. It begins with re-designs of slow, noisy surveillance craft designed to operate at high altitude over long periods of time. It takes into account one of the most likely forms of counter to drones – viruses or other malware that interferes with the communications links that control the drones – shades of the malware discovered in drone systems recently. It is indeed likely that … too vulnerable today), surprising to me.
The norms don’t work- they’re unenforceable and don’t Lerner ‘13 BEN LERNER, 3.25.13, American Spectator, “Judging ‘Drones’ From Afar,” http://spectator.org/archives/2013/03/25/judging-drones-from-afar And who would enforce the … others to dictate its outcome.
The US model is fine now Anderson 13 – (5/24, Kenneth, Professor of Law, Washington College of Law, American University Member, Task Force on National Security and Law, The Hoover Institution, Stanford University, “The Case for Drones,” Real Clear Politics)
This critique often leads, however, … be responsible. Its leaders will be.
Single instances of action do not change international perceptions of the United States. Fettweis, 8 (Christopher – professor of political science at Tulane, Credibility and the War on Terror, Political Science Quarterly, Winter) Since Vietnam, scholars have been … was, it almost inevitably failed.40
Escalation NU indopak – other things cause fights, political pressure
Writer Amitav Ghosh divined a crucial … most dangerous place on earth.” As an observer of the subcontinent for over a decade, I am optimistic that war will not be the end result of this event. As horrifying as the Mumbai attacks were, they are not likely to drive India and Pakistan into an armed international conflict. The media frenzy over an imminent nuclear war seems the result of the media being superficially knowledgeable about the history of Indian-Pakistani relations, of feeling compelled to follow the most sensationalistic story, and being recently brainwashed into thinking that the only way to respond to a major terrorist attack was the American way – a war. Here are four reasons why the Mumbai attacks will not result in a war:
For both countries, a war … militant Islamic outfits have not. Groups based in the tribal regions bordering Afghanistan have orchestrated frequent deadly suicide bombings and clashes with the Pakistani military, including the attack that killed ex-Prime Minister Benazir Bhutto in 2007. The battle that the Pakistani government faces now is not against its traditional enemy India, but against militants bent on destroying the Pakistani state and creating a Taliban-style regime in Pakistan. In order to deal with this threat, it must strengthen the structures of a democratic, inclusive political system that can also address domestic problems and inequalities. On the other hand, the threat of Pakistani based terrorists to India is significant. However, suicide bombings and attacks are also carried out by Indian Islamic militants, and vast swaths of rural India are under the de facto control of the Maoist guerrillas known as the Naxalites. Hindu fundamentalists pose a serious threat to the safety of many Muslim and Christian Indians and to the idea of India as a diverse, secular, democratic society. Separatist insurgencies in Kashmir and in parts of the northeast have dragged on for years. And like Pakistan, India faces significant challenges in addressing sharp social and economic inequalities. Additionally, Indian political parties, especially the ruling Congress Party and others that rely on the support of India’s massive Muslim population to win elections, are certainly wary about inflaming public opinion against Pakistan (and Muslims). This fear could lead the investigation into the Mumbai attacks to fizzle out with no resolution, as many other such inquiries have. 4. The international attention to … more diplomatic pressure on Pakistan.
Drone prolif causes Russian drone use against Chechen terrorists—this makes peace deals with separatists less likely and undermines sympathy for Chechen claims while keeping rebels contained BOYLE 2013 (Michael J, Michael Boyle is an Assistant Professor of Political Science at La Salle University, “The costs and consequences of drone warfare,” International Affairs, 89:1, http://www.chathamhouse.org/sites/default/files/public/International20Affairs/2013/89_1/89_1Boyle.pdf) Fourth, there is a distinct danger … , including just ones, upon them.
Extinction DOWLE 2005 (Mark, Teaches at the Graduate School of Journalism at Berkeley, California Monthly, September, http://www.alumni.berkeley.edu/Alumni/Cal_Monthly/ _2005/COVER_STORY-_Berkeleys_Big_Bang_Project_.asp) In the scenario presented by … of Russia’s weakened international position.
legitimacy
States don’t have feelings – soft power doesn’t work Fan 7 (Ying, Senior Lecturer in Marketing at Brunel Business School, Brunel University in London, “Soft power: Power of attraction or confusion?”, November 14) The whole concept of soft … , and reject American culture’ ( Opelz, 2004 ).
Best studies prove no theoretical justification for soft power Brooks and Wohlforth 8 (Stephen Brooks and William Wohlforth 8, IR @ Dartmouth, World Out of Balance, p. 158-170) According to the logic of … that is relevant to them.43
Soft power is ineffective and depends entirely on hard power Liaropoulos 10 (Andrew, Senior Analyst in the Research Institute for European and American Studies; lecturer in University of Piraeus, Department of International and European studies; also teaches in the Joint Staff War College, the National Security College, the Air War College and the Naval Staff Command College; Masters in Intelligence and Strategic Studies and PhD, “Being Hard on Soft Power,” no date given but must be written in 2010 or 2011 because he cites references published in 2010, http://www.rieas.gr/research-areas/global-issues/transatlantic-studies/1519-being-hard-on-soft-power-.html) Soft power has been highly … easy task, even for a hegemon.
Legitimacy is inevitable and isn’t key to cooperation anyway Wohlforth 9 — Daniel Webster Professor of Government, Dartmouth. BA in IR, MA in IR and MPhil and PhD in pol sci, Yale (William and Stephen Brooks, Reshaping the World Order, March / April 2009, Foreign Affairs Vol. 88, Iss. 2; pg. 49, 15 pgs) FOR ANALYSTS such as Zbigniew … reform of the international system.
Congressianal oversight limits our foreign policy flexibility and doesn’t empirically decrease the likelihood of unnecessary wars Nzelibe and Yoo 13 (Jide Nzelibe, Assistant Professor of Law, Northwestern University Law School, and John Yoo, Professor of Law, University of California at Berkeley School of Law, “Rational War and Constitutional Design,” The Yale Law Journal, Vol. 115, No. 9, 12/8/13)
FUNCTIONAL PURPOSES OF THE … benefits claimed by its proponents.
Presidential control of warmaking better limits which wars we fight - better intelligence Nzelibe and Yoo 13 (Jide Nzelibe, Assistant Professor of Law, Northwestern University Law School, and John Yoo, Professor of Law, University of California at Berkeley School of Law, “Rational War and Constitutional Design,” The Yale Law Journal, Vol. 115, No. 9, 12/8/13) B. Accuracy A second dimension that … greater accuracy in decision-making.
Congressional authorization is counter productive in the cases of terrorist cells or rogue states Nzelibe and Yoo 13 (Jide Nzelibe, Assistant Professor of Law, Northwestern University Law School, and John Yoo, Professor of Law, University of California at Berkeley School of Law, “Rational War and Constitutional Design,” The Yale Law Journal, Vol. 115, No. 9, 12/8/13) A B S T R A C T. Contemporary accounts of the … demands of the international system.
Even without retaliation a small attack causes nuclear winter and mass death. Toon et al. 07 – (2007, Owen, PhD from Cornell, Director and Professor, Department of Atmospheric and Oceanic Sciences Fellow, Laboratory for Atmospheric and Space Physics (LASP) University of Colorado, Boulder, Alan Robock, PhD from MIT, Professor II Department of Environmental Sciences School of Environmental and Biological Sciences Rutgers University, R. P. Turco, C. Bardeen, L. Oman, and G. L. Stenchikov, “Atmospheric effects and societal consequences of regional scale nuclear con?icts and acts of individual nuclear terrorism,” Atmos. Chem. Phys., 7, 1973–2002, 2007)
To an increasing extent, people … present scenarios and physical outcomes.
Physicists conclude that it’s easy, material is available – terrorist weapons don’t require the same high standards that make regular weapons so complex Zimmerman and Pluta 06 – (2006, Peter, PhD, experimental nuclear and elementary particle physics, Emeritus Professor of Science and Security at King's College London, former Chief Scientist of the Senate Foreign Relations Committee, and Anna, researcher, Center for Science and Security at King's College London, PhD candidate, “Nuclear terrorism: A disheartening dissent,” Survival: Global Politics and Strategy Volume 48, Issue 2, 2006, taylor and francis)
It seems certain that at … in some detail in fiction.37
Only requires 19 people and 1 year – physics is easy and the barriers are vastly exaggerated. Zimmerman and Lewis 06 – (10/10, Peter, PhD, experimental nuclear and elementary particle physics, Emeritus Professor of Science and Security at King's College London, former Chief Scientist of the Senate Foreign Relations Committee, and Jeffrey, Director, Nuclear Strategy and Nonproliferation Initiative, New America Foundation, former Executive Director, Project on Managing the Atom/Science, Technology, and Public Policy Program, Belfer Center, Harvard University, “The Bomb in the Backyard,” Foreign Policy, http://www.foreignpolicy.com/articles/2006/10/10/the_bomb_in_the_backyard?page=0,1)
The constraint we have placed … requires special licenses to purchase. The machining group would also have the task of designing and building the required structure for the device and assembling the whole. This requires at least two or three people able to carry out such common laboratory tasks as welding, brazing, and hard soldering. One member of the group should bring the skills of a draftsman, and preferably good abilities to use computers to design complex shapes. To detonate a nuclear bomb, terrorists … number no more than 19 people.
Critics argue that drone strikes … more than they were hurting it.
Actually causes backlash against AQ and the Taliban – frees up population to fight back Llenza 11 – (2011, Michael, Diplomacy Department, Norwich University, US Navy fellow at the Atlantic Council’s Brent Scowcroft Center on International Security, “Targeted Killings in Pakistan: A Defense,” Global Security Studies, Spring, 2011, Volume 2, Issue 2)
In the end, what matters … result in their return (ibid.)
Can’t replace lost talent – means no impact Anderson 13 – (5/24, Kenneth, Professor of Law, Washington College of Law, American University Member, Task Force on National Security and Law, The Hoover Institution, Stanford University, “The Case for Drones,” Real Clear Politics)
Other critics argue that drone … plan another 9/11 is also critical.
Detailed data driven analysis indicates that drones are associated with fewer and less violent terrorist attacks. Johnston and Sarbahi 13 – (July 2013, Patrick, PhD, Political Scientist at the RAND Corporation, former Research Fellow in the International Security Program at the Belfer Center for Science and International Affairs, Harvard, and Anoop, PhD, Postdoctoral Scholar, Empirical Studies of Conflict Center, UCLA, “The Impact of U.S. Drone Strikes on Terrorism in Pakistan and Afghanistan,” google scholar)
Drone strikes are not the … be dismissed out of hand.
Complex network analysis demonstrates the value of low-level targeted killing – casual observation can’t penetrate organization secrecy and should be ignored. McNeal 13 – (2/25, Gregory, JD, professor at Pepperdine University, former Assistant Director of the Institute for Global Security, former legal consultant to the Chief Prosecutor of the Department of Defense Office of Military Commissions, “Kill-Lists and Network Analysis,” http://www.lawfareblog.com/2013/02/kill-lists-and-network-analysis/)
NETWORK BASED ANALYSIS AND PATTERN OF LIFE SURVEILLANCE To outside observers, some targets … asymmetric advantage of denying a target.” NETWORK BASED ANALYSIS AND THE KILLING OF “FOOT SOLDIERS” Viewing targeting in this way … loss (given the available options).
Though drones are not ideal, … themselves that continue to suffer.
Drones crush terrorists and solve militant takeover in Pakistan Nadim 12 (Hussain Nadim, visiting scholar at the Woodrow Wilson Center, August 8, 2012, "How Drones Changed the Game in Pakistan," National Interest, nationalinterest.org/how-drones-changed-the-game-pakistan-7290)
Regardless of what the news … to burn a few American flags.
Some Insiders, even as they … cannot and should not micromanage." Others cautioned that lawmakers would need to assert themselves on this issue to achieve oversight responsibilities. It is possible for Congress to keep the executive branch in check, an Insider said, only if members “are willing to use their constitutional power of the purse to enforce their oversight of defense and intelligence programs.” Another 39 percent said proper oversight … chief of the armed forces."
Strikes on low level operatives are key – take out the support structure for diffuse terror networks – operation tempo makes recovery impossible Mudd 13 – (5/24, Philip, former senior official at the CIA and the FBI, now director of global risk at SouthernSun Asset Management, “Fear Factor,” Foreign Policy)
The impact of armed drones … than the groups can recover.
Cutting back on drones is the worst option for engagement – alternatives are worse and drones are great Note: RPA = Remotely Piloted Aircraft Deptula 13 (Dave Deptula, a member of the Breaking Defense Board of Contributors, is a retired Air Force lieutenant general. He was the first general in charge of Air Force intelligence, Surveillance, and Reconnaissance, which included Remotely Piloted Aircraft. He directed air operations for Operation Enduring Freedom during the first combat use of a weapon fired from a drone in 2001. He is currently an independent consultant and senior military scholar at the Air Force Academy. February 15, 2013, Retired Lt. Gen. Deptula: Drones Best Weapons We’ve Got For Accuracy, Control, Oversight; Critics Don’t Get It, http://breakingdefense.com/2013/02/15/retired-gen-deputula-drones-best-weapons-weve-got-for-accurac/)
The fact of the matter … of our use of RPA.
Short timeframe—attacks will come in 2014 IHLS 2013 (Israel’s Homeland Security Home, Chechen Islamic terrorists threaten February 2014 Winter Olympics in Sochi, Russia, July 8, http://i-hls.com/2013/07/chechen-islamic-terrorists-threaten-february-2014-winter-olympics-in-sochi-russia/) On Wednesday Doku Umarov, a leading … expensive Winter Games in history. i-HLS Israel Homeland Security Umarov called on Islamic militants in the region to “do their utmost to derail” the games, which he described as “satanic dances on the bones of our ancestors.” “We have the obligation … a rebel Web site on Wednesday.
1NR
China conflict impossible – past incidents prove Cohen and Zenko 12 (Micah Zenko, Fellow for Conflict Prevention at the CFR, and Michael A Cohen, Senior Fellow at the American Security Project, serves on the board of the National Security Network and has taught at Columbia University’s School of International and Public Affairs, served in the U.S. Department of State, former Senior Vice President at the strategic communications firm of Robinson, Lerer and Montgomery, bachelor’s degree in international relations from American University and a master’s degree from Columbia University, Foreign Affairds, “National Insecurity: Just How Safe Is the United States?” Finally, Miller argues that "a militarized … did during the Cold War."
Economic ties check Perry and Scowcroft 09 – William (Michael and Barbara Berberian professor at Stanford University.) and Brent (resident trustee of the Forum for International Policy.) “US Nuclear Weapons Policy.” 2009. Council on Foreign Relations. Online.
Economic interdependence provides an incentive … dialogues on larger strategic issues.
Shifting to the military ensures the PERCEPTION of international law compliance – forestalls legal challenges to the drone program Nauman 12 – (2013, Joshua, JD, LLM, Commander, Judge Advocate General’s Corps, U.S. Navy, “Civilians on the Battlefield: By Using U.S. Civilians in the War on Terror, Is the Pot Calling the Kettle Black?” 91 Neb. L. Rev., google scholar)
Similarly, the prosecution of enemy … leader, we owe nothing less.
Loss of executive power snowballs Stephen Calebresi, law professor, Northwestern, ALABAMA LAW REVIEW, 1995, pp. 65-6. I began this section by … by regional, anti-national concerns.
Limiting executive war powers creates strategic uncertainty and kills warfighting Yoo 12 (John Yoo, professor of law at UC Berkeley, May 3, 2012, “John Yoo: Litigating for Terrorists”, Wall Street Journal, http://online.wsj.com/article/SB10001424052702304746604577381841940350560.html) The executive branch has shown … nothing, even as dangers loom. If we are to prevail in this unprecedented war, those elected and appointed to office must show that they will protect those who fight.
Military power key determinant of heg Beckley 11 (research fellow in the International Security Program at Harvard Kennedy School’s Belfer Center for Science and International Affairs. He will become an assistant professor of political science at Tufts University in the fall of 2012, “China’s Century?” Winter 2011) http://belfercenter.ksg.harvard.edu/files/Chinas_Century.pdf Military power is generally considered … utility, ºexibility, responsiveness and credibility.”
Soft power is irrelevant for credibility-only strong military relations can secure U.S. goals Adelman 2011—Master’s and PhD from Georgetown’s School. Frmr director of the U.S. Arms Control and Disarmament Agency, former Ambassador to the UN, and former member of Pentagon's Defense Policy Board (6/18/11, Ken, Not-So-Smart Power, http://www.foreignpolicy.com/articles/2011/04/18/not_so_smart_power) I didn't hear of similar … soft, if not altogether squishy.
Multiple challenges to hegemony require an effective response Flournoy and Davidson 12 (MICHÈLE FLOURNOY is Co-Founder of the Center for a New American Security and former U.S. Undersecretary of Defense for Policy, JANINE DAVIDSON is a Professor at George Mason University and former U.S. Deputy Assistant Secretary of Defense for Plans, “Obama's New Global Posture,” Foreign Policy Jul/Aug 2012) Nevertheless, fundamental changes in the … future through partnership and engagement.
Military effectiveness is key to deter large-scale aggression and prevent conflict escalation Spencer 03 (Jack, Senior Defense Policy Analyst @ Heritage, "Focusing Defense Resources to Meet National Security Requirements," 3/21, www.heritage.org/Research/NationalSecurity/bg1638.cfm) Be prepared to fight with … to aggression against America's allies.
SSP key to counterterror and intelligence Barnsby 12 – (2012, Robert, JD, Major and Judge Advocate, U.S. Army, Professor, Int’l and Operational Law Dep’t, The Judge Advocate General’s (JAG) Legal Ctr. and Sch., U.S. Army, “SO LONG, AND THANKS FOR ALL THE SECRETS: A RESPONSE TO PROFESSOR TELMAN,” Alabama Law Review, Vol. 63:4:667)
Obviously, if discovery reveals state … killing Osama bin Laden in 2011.
Realism and securitization are inevitable Thayer 2004 – Thayer has been a Fellow at the Belfer Center for Science and International Affairs at the Kennedy School of Government at Harvard University and has taught at Dartmouth College and the University of Minnesota Darwin and International Relations: On the Evolutionary Origins of War and Ethnic Conflict, University of Kentucky Press, 2004, pg. 75-76 adi The central issue here is … food, shelter, or other resources).
“Targeted killing” is extra-judicial, premeditated killing by a state of a specifically identified person not in its custody Murphy and Radsan 09 – (2009, Richard, ATandT Professor of Law, Texas Tech University School of Law, and Afsheen John, Professor, William Mitchell College of Law, general counsel at the CIA, 2002-2004, “DUE PROCESS AND TARGETED KILLING OF TERRORISTS,” Cardozo Law Review, Vol. 31:2, google scholar) “Targeted killing” is extra-… continued into the Obama Administration.
Indefinite detention is detain without trial Greenwald 11 (Glenn Greenwald, Three myths about the detention bill, Friday, Dec 16, 2011 06:56 AM EST, http://www.salon.com/2011/12/16/three_myths_about_the_detention_bill/) Myth # 1: This bill does not codify indefinite detention Section 1021 of the NDAA governs, … of 1950, about which I wrote yesterday.
Vote negative – they don’t need to have a plan or defend the USFG but they should defend restricting a topical action, solves all their offense because there are countless ways to relate topical actions to their method of resistance, failing to do so just breaks predictable limits and gives the negative no ground – they have no incentive to pick a contestable proposition.
1nc k
Their endorsement of reactionary militant violence diverts the movement into patriarchal expressions of hypermasculinity Gaines 2 Professor, University of Michigan Ph.D. Brown, 1991 Other U of M Affiliation: Center for Afroamerican and African Studies (CAAS Field(s) of Study: U.S. and African American intellectual and cultural history; race and gender politics in post-World War II America; African American cultural production; the global dimensions of U.S. struggles over the meaning of citizenship . Under Bambara's editorial guidance (… tolerate much-needed internal criticism.
Historically this has been coopted for hegmonic masculinity Wendt 7 ‘They Finally Found Out that We Really Are Men’: Violence, Non-Violence and Black Manhood in the Civil Rights Era Simon Wendt, ‘“They Finally Found Out that We Really Are Men”: Violence, Non-Violence and Black Manhood in the Civil Rights Era’ Gender and History, Vol.19 No.3 November 2007, pp. 543–564. Simon Wendt earned an M.A. in Afro-American Studies from the University of Wisconsin-Madison and holds a Ph.D. in modern history from the Free University of Berlin. Since July 2008, he is a research group leader in University of Heidelberg’s newly created Transcultural Studies Program, supervising several Ph.D. students who work on gender and nationalism in the United States, Germany, and Japan. Wendt’s research areas are African American history, gender and memory, nationalism, and the history of heroism and hero-worship in the United States. He has received numerous fellowships and awards, including the “Memphis State Eight” Paper Prize (2001), research fellowships from the German Historical Institute (2002, 2009), and the Presidents’ Memorial Award of the Louisiana Historical Association (2004). He is the author of The Spirit and the Shotgun: Armed Resistance and the Struggle for Civil Rights (Gainesville: University Press of Florida, 2007). Wendt is currently working on a history of the Daughters of the American Revolution and a history of heroism from the Gilded Age to the Jazz Age. While activists eventually succeeded in … and alternative forms of masculinity.
And their choice to describe … violence despite their best intentions Kaba 13 (Mariame Kaba is the founding director of Project NIA. From 2004 to 2009, she was a program officer at the Steans Family Foundation where her work focused on education, youth development and evaluation, “When ‘Chiraq’ Comes Home to Roost…” Aug 30 2013, http://www.usprisonculture.com/blog/2013/08/30/when-chiraq-comes-home-to-roost/) Mark Kirk is what happens … experts of their own lives. I have proposed in the past that we retire these descriptions from our lexicon. By using terms like “Chiraq” and “war zone,” we (inadvertently) legitimate a draconian military response from the state (though the state needs no excuse to crackdown on the marginalized). I would suggest that even … tax,” “death panels,” for example. I understand why we rely on “war” metaphors. Perhaps we hope that they will convey urgency and seriousness of purpose. But what we too rarely account for is that black people (in particular) are not seen as human – therefore the urgency that we seek is by definition unattainable. The state will not be rushing in any time soon to provide needed resources. Public Enemy illustrated this brilliantly years ago with their song “911 is a joke.” Black lives are unfortunately seen as disposable. And by using “war” language, we are further dehumanized (if that’s possible). We are only bodies, casualties in a profoundly anti-black world. War zone metaphors allow Mark … to save you’ becomes plausible.
And the 1AC’s attempt to … is crucial to MASCULINE MILTIARIZATION Johnson 10 Brooke Johnson is a PhD candidate in the Department of Sociology at the University of California, Riverside. Her research focuses on the increasing militarization of everyday life. Her research specifically focuses on the intersection between militarism and public education and the impacts of this trend across race, class, and gender boundaries. She is the managing editor of Social identities: Journal for the study of race, nation and culture 8 2010 12: 575 originally published online 25 August 2009 Men and Masculinities Brooke Johnson A Few Good Boys: Masculinity at a Military-Style Charter School Symbolizing the warrior hero. Discourse … warriors as well as students
Gender oppression turns their advocacy MATSUDA 91 Mari J. Matsuda. Professor of Law, University of California at Los Angeles School of Law. 43 Stan. L. Rev. 1183 These three writers -- Parker, Inuzuka, … domination that touch their lives.
And the very mode of address of the 1AC locks in heteronormative violence and white supremacy – assuming the “little Black ones”, a Symbolic Child as the focus of their politics is premised on the exclusion and degredation of the Quare body Baedan 12 (baedan: journal of queer nihilism, Vol. 1 Issue. 1, 2012, pg. 23-6) It should be obvious through … the name of the Child.
The internalization of patriarchal norms … to address social justice issues Ray 97 (A. E. Ray “The Shame of it: gender-based terrorism in the former Yugoslavia and the failure of international human rights law to comprehend the injuries.” The American University Law Review. Vol 46. )
In order to reach all … female subordination is women's bodies." 7 2
The role of the ballot should be to affirm female resistance Collins 9 (Patricia Hill, Charles Phelps Taft Professor of Sociology and Chair of the Department of African-American Studies at the University of Cincinnati, "Black Feminist Thought in the Matrix of Domination," Turning the Tide, www.turning-the-tide.org/files/Feminist20Thought20and20Matrix20of20Domination.pdf) Domination operates by seducing, pressuring, … restriction of externally imposed definition."
1nc case
Urban Guerilla Warfare is a bad tactic It fails and causes genocidal backlash – obviously violence is happening now but actively picking up arms is revolutionary suicide Emery 7 Phd, (Kathy, “ The Limits of Violent Resistance,” For the Western Edition, August 27, 2007 http://www.educationanddemocracy.org/Emery/westernedition/Sept07WestEd.pdf) The August 15th editorial for … Pickett’s Charge, if you will.
Their rev gets crushed Flaherty 5 (http://cryptogon.com/docs/pirate_insurgency.html USC BA in International Relations, researcher in political affairs, activist and farmer in New Zealand) In order to understand the national security implications of militant electronic piracy, an examination of conventional insurgency against the American Corporate State is necessary. THE NATURE OF ARMED INSURGENCY … executed. The ACS wins again.
You shouldn’t insist on embodiment – debate should be about strategies Paul Gilroy, 2000, Professor at London School of Economics, Against Race: Imagining Political Culture Beyond the Color Line, 102-106
We will explore below ultranationalist … dismal logic: separation and slaughter.
The 1AC makes an overt … dedication to oppositional black liberation DWP 13 (Dearest White People, internet blog cultural politics, "The Black Mythical Norm: Intersectionality and the Nationalist Construction of “Blackness”," April 16, dearestwhitepeople.wordpress.com/2012/04/16/black-mythical-norm/) In “Age, Race, Class, and … defined by their own construct.
Anti-blackness should not be understood at the primary structuring force for history – it is a web of power embedded in historical processes. Their civil society ordering arguments are not sustainable. Hudson (Political Studies Department, University of the Witwatersrand , Johannesburg) 13 (Peter, Social Dynamics (2013): The state and the colonial unconscious, Social Dynamics: A journal of African studies, DOI: 10.1080/02533952.2013.802867) “Whiteness” as whiteness – the … identities are “white” under colonialism. Everyone is white in the colonial symbolic – including blacks; it is just that they are “less white” than “whites” to the point of not being at all – Fanon says again and again that “the black man desires to be white” – but, when he looks at himself through the eyes he has adopted, the “eyes” that are “his” – what he (qua white eyes) sees is something that doesn’t exist – “inequality, no non-existence” (Fanon 1968, 98, original emphasis). He “subsists at the level of non-being” (131) – just as the white, when it sees the black, sees an other that is, as Fanon says “absolutely not self,” so does the black see himself – “as absolutely not self” (114). This is the depth of the fissure in the black colonial subject position, caught between two impossibles: “whiteness,” which he desires but which is barred to him, and “black- ness,” which is “non-existence.” Colonialism, anxiety and emancipation3 Thus the self-same/other … constitutive axis, its “ontological” differential.
2NC
The figure of the hero is connected to enforcing stereotypical masculinity Brunotte 13 Dr. habil. Ulrike Brunotte Associate Professor, Center for Gender and Diversity, Maastricht University: (u.brunotte@maastrichtuniversity.nl) http://www.sophia.be/index.php/fr/announcements/view/1964
Masculinities, especially those which culturally … the ongoing reformulations of masculinity.
Heroism is connected with imperial masculinity – BREAKING heroism is necessary to reimagine a positive racialized masculinity Beukema 8 Taryn Beukema McMaster University Postcolonial Text Vol 4 No 3 (2008)
While one could argue that … freer forms of racial masculinity.
There’s no such thing as a view from nowhere our approach means constantly traveling and shifting our “view from somewhere” Latour ‘5 (Bruno, Prof. @ Sciences Po … , and beautiful, yes, objectively beautiful. S: But certainly nothing is objectively beautiful—beauty has to be subjective . . . taste and color, relative . . . I am lost again. Why would we spend so much time in this school fighting objectivism then? What you say can’t be right. P: Because the things people … God’s sake: that’s called relativity.
Dillon (PhD in American Studies at Minnesota, now an Assistant Professor of Queer Studies at Hampshire College) 13 (Stephen, Fugitive Life: Race, Gender, and the Rise of the Neoliberal-Carceral State, A DISSERTATION SUBMITTED TO THE FACULTY OF THE GRADUATE SCHOOL OF THE UNIVERSITY OF MINNESOTA, http://conservancy.umn.edu/bitstream/153053/1/Dillon_umn_0130E_13833.pdf)
Bukhari, Davis, and Shakur are … not mean you stay put.
In his correspondence with Barbara Smith, the white anti-racist and anti- imperialist political prisoner David Gilbert describes the imperative to escape through his transcription of a poem to Smith written by the Turkish political prisoner Nazim Hikmet, “It’s This Way.”
I stand in the advancing light,?my hands hungry, the world beautiful. My eyes can’t get enough of the trees - they’re so hopeful, so green. A sunny road runs through the mulberries, I’m at the window of the prison infirmary. I can’t smell the medicines- carnations must be blooming nearby. It’s this way:?being captured is beside the point, the point is not to surrender.533
Even though Gilbert’s body is … , we still have to run.
Addressing gender violence is crucial to create effective anti-racist politics DAWSON 3 Black Visions, P. GOOGLE BOOKS Michael Dawson, one of the nation's leading experts on race and politics, was the founding director of the University's Center for the Study of Race, Politics and Culture, and a principal investigator on several important studies of Black politics. Between 2000 and 2004 Dawson and Lawrence Bobo conducted six public opinion studies on the racial divide in the United States, creating the richest data on this issue that exists. They are a currently working on a book that analyzes this data. His research interests have included the development of quantitative models of African-American political behavior and public opinion, the political effects of urban poverty, and African-American political ideology.
Finally, we should note … in discourse" (Morrison 1992a, xxx).
The aff’s methodology is a form … women’s without addressing their privilege Noble and Pease 11 (Carolyn noble and bob pease. Interrogating male privilege in the human services and social work education” Women in Welfare Education collective. http://www.aaswwe.asn.au/download/2011/WIWE_10_2011.pdf) Harvey (1999) used the term "civilised … having access to their rewards.
The perm can’t “solve” the links – it’s ethically indistinguishable from the 1AC’s methodology Hoagland 95 (Sarah Lucia, Professor of Philosophy and Women's Studies at Northeastern, “Separating from Heterosexuality” in Feminism and Community. 276-)
In certain respects, to engage, … the last stronghold of patriarchy.
The perm is the add women and stir approach to gender issues Collins 00 (Patricia Hill, Charles Phelps Taft Professor of Sociology and Chair of the Department of African-American Studies at the University of Cincinnati, Gender, Black Feminism, and Black Political Economy," Annals of the American Academy of Political and Social Science, Vol. 568, The Study of African American Problems: W. E. B. Du Bois's Agenda, Then and Now (Mar., 2000), pp. 41-53))
Invoking these two dimensions of … is used as a theoretical frame.
That fails and is methodologically distinct Warren and Cady 94 (Karen and Duane, “Feminism and Peace: Seeing Connections”, Hypatia Volume: 9. Issue: 2, pp 1, CR) What do feminism and peace … mainstream philosophical discussions of peace.
Any feminist movement to end oppression of women is a movement to end multiple oppressions Warren and Cady 94 (Karen and Duane, “Feminism and Peace: Seeing Connections”, Hypatia Volume: 9. Issue: 2, pp 2, CR) Perhaps the most obvious connection … , and so on (see Warren 1990).
The 1ACs example of Guerilla tactics in the form of the Zapatistas best encapsulates our argument --- it provoked a war with the government which resulted in the victimization of indigenous women Castillo ’02 (Aida Hernandez Castillo,- researcher … were created within indigenous coalitions.
It wasnÔø?t only the inspiration of ….. spaces were created within indigenous coalitions.
1NR
Making confronting and confessing our personal identity a prerequisite to enter the conversation reinforces white supremacy and destroys movements Andrea Smith (that Andrea Smith) 13 (The Problem with “Privilege”, August 14, http://andrea366.wordpress.com/2013/08/14/the-problem-with-privilege-by-andrea-smith/) In my experience working with a … the occasion for self-reflexivity.
The immediate effect of the alternative would be a massive increase in direct anti-Black and anti-Red violence Fire Rider (advocate from the Northern Ontario Ojibwe and American Indian Movement) 5 (Marty, Why Churchill Political Agenda is Wrong for Indians, February 2005, http://aimfireca.tripod.com/id44.html)
I think we can agree … further violence, racism and discriminating.
Democrats aren’t offering any concessions now --- key to break the gridlock Milbank 10-1 (Dana,- syndicated Washington Post columnist “In D.C., compromise is a dirty word (and should be)”) But God works in mysterious … everybody — even, eventually, the Republicans.
The plan tanks capital and emboldens opponents Kriner ‘10 Douglas L. Kriner, Assistant professor of political science at Boston University “After the Rubicon: Congress, Presidents, and the Politics of Waging War”, page 276-77 One of the mechanisms by … have had the predicted effect.
Triggers economic collapse and quick extinction O’Brien 9-29 (Matthew,- senior associate editor at The Atlantic covering business and economics. He has previously written for The New Republic “Not Raising the Debt Ceiling”) And cutting 32 percent of federal … holding the world economy hostage.
Nuclear war Friedberg and Schoenfeld 8 Aaron, Prof. Politics. And IR @ Princeton’s Woodrow Wilson School and Visiting Scholar @ Witherspoon Institute, and Gabriel, Senior Editor of Commentary and Wall Street Journal, “The Dangers of a Diminished America”, 10-28, http://online.wsj.com/article/SB122455074012352571.html Then there are the dolorous … internal travails with external adventures.
1nc 2
The President of the United States should issue an executive order to close and release all prisoners at Guantanamo Bay.
Their internal link to terrorism is entirely about Gitmo- that’s the poster child for AQAP 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/) It has become brutally clear that the detention center at Guantanamo Bay will not be closing. In January, Obama signed the National Defense Authorization Act(NDAA) into law, preserving Guantanamo Bay foreseeable future. Shortly thereafter, Obama closed the State Department Office tasked with finding suitable, lawful locations to transfer the Guantanamo detainees. Of the 86 inmates cleared of … insurgent groups in several nations. For these reasons, these 86 cleared individuals, and others awaiting a prosecution that may never come, are stuck in a limbo that more closely resembles hell. While these human rights issues … featured prominently in several issues. In the 2010 inaugural issue of Inspire, an essay by Osama bin Laden mentions "the crimes at Abu Ghraib and Guantanamo . . . which shook the conscience of humanity." Tellingly, bin Laden points out that "there has been no mentionable change" at Guantanamo and the prison is noted again later in the issue. Gitmo features even more prominently … American understanding of human rights."
1nc 3 Dissidence at home over war powers tanks US credibility, turns heg
WAXMAN 2013 - law professor at Columbia Law School, co-chairs the Roger Hertog Program on Law and National Security (Matthew Waxman, “The Constitutional Power to Threaten War,” August 27, 2013, http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2316777)
As a prescriptive matter, Part II … of presidential threats to escalate.
Uniquely causes international instability Nzelibe and Yoo 6 (Jide Nzelibe, Professor of Law at Northwestern and John Yoo, Professor of Law at UC Berkeley, “Rational War and Constitutional Design,” The Yale Law Journal, Vol. 115, No. 9, The Most Dangerous Branch? Mayors, Governors, Presidents, and the Rule of Law: A Symposium on Executive Power (2006), pp. 2512-2541, http://www.jstor.org/stable/20455704)
D. The Dangers of judicial Intervention Faced with the prospect that congressional participation can sometimes play a salutary role in avoiding unnecessary wars, an antecedent question naturally arises. Should the courts decide if such a congressional role would be appropriate? Indeed, a recurring theme running through much of the Congress-first literature is that judicial intervention is necessary to vindicate the congressional role in initiating conflicts. But if one accepts the signaling model developed here, there are significant reasons why one ought to be wary of a judicial role in resolving war powers controversies. First, under our model of international crisis bargaining, judicial review would likely undermine the value of signals sent by the President when he seeks legislative authorization to go to war. In other words, it is the fact that the signal is both costly and discretionary that often makes it valuable. Once one understands that regime characteristics can influence the informational value of signaling, it makes sense that the President should have the maximum flexibility to choose less costly signals when dealing with rogue states or terrorist organizations. The alternative- a judicial rule that mandates costly signals in all circumstances, even when such signals have little or no informational value to the foreign adversary-would dilute the overall value of such signals. Second, judicial review would preclude the possibility of beneficial bargaining between the President and Congress by forcing warmaking into a procedural straitjacket. In this picture, judicial review would constrain the political branches to adopt only the tying hands type of signal regardless of the nature or stage of an international crisis. But the supposed restraining effect attributed to the tying hands signal can vary considerably depending on whether the democracy is deciding to initiate an international crisis or is already in the midst of an escalating crisis. Requiring legislative authorization may make it less likely that the democracy will be willing to back out of a conflict once it starts. Thus, tying hand signals and judicial insistence that the President seek legislative authorization will contribute to greater international instability once a conflict has already started.
These three topics are deeply … unseen robots in the sky.
Restricted detention leads to increased drone use Chesney 11 (Robert, Charles I. Francis Professor in Law, University of Texas School of Law, “ARTICLE: WHO MAY BE HELD? MILITARY DETENTION THROUGH THE HABEAS LENS”, Boston College Law Review, 52 B.C. L. Rev 769, Lexis) The convergence thesis describes one … lens of habeas corpus litigation.
Extinction Wittner 11 (Lawrence S., Emeritus Professor of History at the State University of New York/Albany, Wittner is the author of eight books, the editor or co-editor of another four, and the author of over 250 published articles and book reviews. From 1984 to 1987, he edited Peace and Change, a journal of peace research., 11/28/2011, "Is a Nuclear War With China Possible?", www.huntingtonnews.net/14446) The gathering tension between the … , and generating chaos and destruction.
1nc 5
The United States federal government should sustain and increase its funding of the Global Threat Reduction Initiative.
Their 1AC says nuclear material security is necessary and sufficient to solve nuclear terror and that the squo solves it 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) Support proven programs. Efforts to … way to complacency on another.
1nc 6
The United States federal government should provide traditional Article III courts exclusive jurisdiction over the United States’ indefinite detention policy in the area prescribed by the 2001 Authorization for Use of Military Force and ensure that sufficient resources are available for training, preparation and trial.
Criminal trials solve better, and … of law and due process ---traditional processes are effective – over 150 previous terror trials in the criminal system prove ---sending suspected terrorists to a … guilt which undercuts due process ---NSCs will use relaxed procedural and evidentiary rules, prevents due process Beech 8 – JD @ Washington Metro Area, Program Coordinator of the following report (Tara, “A CRITIQUE OF “NATIONAL SECURITY COURTS”,” Constitution Project Staff, http://www.constitutionproject.org/pdf/Critique_of_the_National_Security_Courts_Updated_Signers1.pdf) Recently, some scholars and government officials have called for the creation of “national ¶ security courts”—specialized hybrid tribunals that would review the preventive detention of ¶ suspected terrorists (both within and outside of the territorial United States), conduct the ¶ detainees’ criminal trials, or, in some cases, both.1¶ Advocates for these courts claim that they ¶ offer an attractive middle ground between adherence to traditional criminal processes and ¶ radical departures from those processes.2¶ For the reasons that follow, we, the undersigned members of the Constitution Project’s Liberty ¶ and Security Committee, believe that the proposals to create these courts should be resisted. ¶ The proposals are surprisingly—indeed alarmingly—underdeveloped. More seriously, they ¶ neglect basic and fundamental principles of American constitutional law, and they assume ¶ incorrectly that the traditional processes have proven ineffective. The idea that there is a class ¶ of individuals for whom neither the normal civilian or military criminal justice systems suffice ¶ presupposes that such a class of individuals is readily identifiable—and in a manner that does ¶ not necessarily pre-judge their guilt. The idea that national security courts are a proper third ¶ way for dealing with such individuals presupposes that the purported defects in the current ¶ system are ones that cannot adequately be remedied within the confines of that system, and ¶ yet can be remedied in new tribunals without violating the Constitution. ¶ We believe that the government can accomplish its legitimate goals using existing laws and ¶ legal procedures without resorting to such sweeping and radical departures from an American ¶ constitutional tradition that has served us effectively for over two centuries. We separately ¶ address below proposals for a national security court for criminal prosecutions of terrorism ¶ suspects and proposals for such a court to review preventive detention decisions, and the ¶ reasons why each should be rejected¶ II. CRIMINAL TRIALS FOR TERRORISM SUSPECTS¶ Advocates of national security courts that would try terrorism suspects claim that traditional ¶ Article III courts are unequipped to handle these cases. This claim has not been substantiated, ¶ and is made in the face of a significant — and growing — body of evidence to the contrary. A ¶ recent report released by Human Rights First persuasively demonstrates that our existing ¶ federal courts are competent to try these cases. The report examines more than 120 ¶ international terrorism cases brought in the federal courts over the past fifteen years. It finds ¶ that established federal courts were able to try these cases without sacrificing either national ¶ security or the defendants’ rights to a fair trial.3¶ The report documents how federal courts have ¶ successfully dealt with classified evidence under the Classified Information Procedures Act ¶ (CIPA) without creating any security breaches. It further concludes that courts have been able ¶ to enforce the government’s Brady obligations to share exculpatory evidence with the accused, ¶ deal with Miranda warning issues, and provide means for the government to establish a chain ¶ of custody for physical evidence, all without jeopardizing national security. ¶ Of course, our traditional federal courts have not always done everything that the government ¶ would like them to do. They are, after all, constrained by well-established constitutional limits ¶ on prosecutorial power. For example, no federal court would permit the prosecution to present ¶ witnesses without protecting the defendant’s constitutional right to confront those witnesses ¶ against him or her.4¶ Nor would a federal court permit the prosecution to rely on a coerced ¶ confession in violation of a defendant’s Fifth Amendment right against self-incrimination. But ¶ creating a new set of courts would not repeal existing constitutional rights. Conversely, to the ¶ extent that the existing rules are not constitutionally compelled, ordinary federal courts (or ¶ Congress, where applicable) can modify them when it is shown that the modification is ¶ necessary to accommodate the government’s legitimate interests. ¶ Most importantly, there is the intrinsic and inescapable problem of definition. Whereas the ¶ argument for specialized courts for tax and patent law is that expert judges are particularly ¶ necessary given the complex subject-matter, proposals for specialized courts for terrorism trials ¶ are based on the asserted need for relaxed procedural and evidentiary rules and are justified on ¶ the ground that terrorists do not deserve full constitutional protections.5¶ This creates two ¶ fundamental constitutional problems. First, justifying departures from constitutional protections ¶ on the basis that the trials are for terrorists undermines the presumption of innocence for these ¶ individuals. Second, if a conviction were obtained in a national security court using procedural ¶ and evidentiary rules that imposed a lesser burden on the government, then the defendant would be subjected to trial before a national security court based upon less of a showing than ¶ would be required in a traditional criminal proceeding. The result would be to apply less due ¶ process to the question of guilt or innocence, which, by definition, would increase the risk of ¶ error. And, if the government must make a preliminary showing that meets traditional rules of ¶ procedure and evidence in order to trigger the jurisdiction of a national security court, such a ¶ showing would also enable it to proceed via the traditional criminal process. ¶ National security courts for criminal prosecutions are not just unnecessary; they are also ¶ dangerous. They run the risk of creating a separate and unequal criminal justice system for a ¶ particular class of suspects,6¶ who will be brought before such specialized courts based on the ¶ very allegations they are contesting. Such a system undermines the presumption of innocence ¶ for these defendants, and risks a broader erosion of defendants’ rights that could spread to ¶ traditional Article III trials.7¶ It was Justice Frankfurter who wrote that “It is a fair summary of ¶ history to say that the safeguards of liberty have frequently been forged in controversies ¶ involving not very nice people.”8¶ Committee members strongly believe that the shadow of ¶ ten’;;’nnnnrrorism must not be the basis for abandoning these fundamental tenets of justice and ¶ fairness.
More funding overcomes logistical barriers Inderfurth 9 Ashley Inderfurth and Wayne Massey, American Bar Association Standing Committee on Law and National Security, Due Process and Terrorism Series, Trying Terrorists in Article III Courts, Challenges and Lessons Learned, A Post-Workshop Report July 2009 In addition to evidentiary challenges, terrorism trials conducted in Article III courts pose a number of practical challenges in managing the courtroom, the defendant, and the jury. While there are no codified methods for managing ter- rorism trials, judges and other court officials have created a variety of successful ad hoc procedures. The ad hoc procedures include methods for protecting juries and the courtroom, protecting the security of classified information, and control- ling public disclosures. However, a number of major dilemmas remain. For example, terrorism trials continue to require huge commitments of both time and resources. There are also serious issues associated with the conditions of deten- tion of terrorist suspects that are largely unresolved. Furthermore, managing individual and courthouse security remains a problematic endeavor because the cases may be highly publicized.¶ The logistical problems a judge faces in managing terrorism trials can be divided generally into three categories, though there is substantial overlap between them. First, the court must manage its own ability to fairly adjudicate the trial, a responsibility made more difficult due to non-security-cleared clerks and large amounts of classified and sensitive evidence. Second, the court must manage the defendant, including the defendant’s isolated conditions of detention, cultural and language barriers, and right to proceed pro se. Third, the court must manage the jury, including its selection, security, and its needs and perceptions during the trial.¶ In beginning the discussion, the participants generally agreed that trial management issues in the Article III framework have been either exaggerated or resolved successfully on an ad hoc basis, at least for the cases actually pursued in the regular Article III courts (several discussants asserted that the government has forgone criminal prosecutions at times because of insurmountable, or at least very difficult, issues not handled by an Article III court to date). Discussants repeatedly emphasized that the need for flexibility is paramount because often the best results have been reached in Article III terrorism trials through cooperation and compromise on the part of the government, the defense, and the court. The most significant practical challenges to the viability of Article III courts in conducting terrorism trials are the extreme trial lengths and the high costs. Some terrorism trials last a period of months, placing great strain on the court’s resources and the jurors’ lives.37 While significant challenges remain, the discussants generally agreed that with sufficient allocation of resources, most of the logistical and practical challenges posed by terrorism trials could be handled in Article III courts.
Al Qaeda barely mentions Gitmo in their propaganda – tons of alt causes trigger their recruiting internal Byman 10 (Dan, Professor in the Security Studies Program of the School of Foreign Service at Georgetown, Senior Fellow, Foreign Policy, and Research Director, Saban Center for Middle East Policy at Brookings, “Dan Byman on Guantanamo as Recruitment Tool,” 12/28/10, http://www.lawfareblog.com/2010/12/dan-byman-on-guantanamo-as-recruitment-tool/)
Al-Qa’ida and associated movements … make things even more compelling.
No nukes – can’t make or steal a nuclear weapon Brooks 10 (Barry Brooks, Professor of Climate Change University of Adelaide, guest post by a Canadian chemist and materials scientist, “Analysis of the 2010 Nuclear Summit and the obsession with highly enriched uranium,” 5/15/10) http://bravenewclimate.com/2010/04/15/dv82xl/
First let’s make one thing … nearer to realizing this ambition,
AQAP isn’t a threat Small and few attacks Atran 11 (Scott, Anthropologist, "How Killing Awlaki Affects America, Al Qaeda, and the Arab Spring," Huffington Post, October 1, www.huffingtonpost.com/scott-atran/how-killing-awlaki-affect_b_990182.html) These efforts involve a few hundred … the beast, the American homeland.
legitimacy
Legitimacy is inevitable and isn’t key to cooperation anyway Wohlforth 9 — Daniel Webster Professor of Government, Dartmouth. BA in IR, MA in IR and MPhil and PhD in pol sci, Yale (William and Stephen Brooks, Reshaping the World Order, March / April 2009, Foreign Affairs Vol. 88, Iss. 2; pg. 49, 15 pgs) FOR ANALYSTS such as Zbigniew … reform of the international system.
The war in Iraq (and … image in Europe and elsewhere.
States don’t have feelings – soft power doesn’t work Fan 7 (Ying, Senior Lecturer in Marketing at Brunel Business School, Brunel University in London, “Soft power: Power of attraction or confusion?”, November 14) The whole concept of soft … , and reject American culture’ ( Opelz, 2004 ).
Best studies prove no theoretical justification for soft power Brooks and Wohlforth 8 (Stephen Brooks and William Wohlforth 8, IR @ Dartmouth, World Out of Balance, p. 158-170) According to the logic of … that is relevant to them.43
SARS proves intervening actors check Nishiura 05 (H Nishiura Bangkok School of Tropical Medicine, Mahidol University,Thailand , K Patanarapelert, M Sriprom, W Sarakorn, S Sriyab , Department of Mathematics, Faculty of Science, Mahidol University and I Ming Tang Institute of Science and Technology for Research and Development, Mahidol University “EVIDENCE BASED PUBLIC HEALTH POLICY AND PRACTICE Modelling potential responses to severe acute respiratory syndrome in Japan: the role of initial attack size, precaution, and quarantine” http://www.hawaii.edu/hivandaids/Modelling_Potential_Responses_to_Sev ere_Acute_Respiratory_Syndrome_in_Japan.pdf August 29, 2005)
There has been an intensive … workers as was pointed out.
350 ppm is the red-line threshold – fast-forcing and positive feedbacks mean anything above that is catastrophic McKibben 7 (Bill McKibben, Schumann Distinguished Scholar at Middlebury College, American environmentalist, author, and journalist who has written extensively on the impact of global warming, no date, but website was founded in 2007 so whatever, http://www.350.org/en/node/48)
The question of what target … to meet their bottom line.
Co2 Now 13 (http://co2now.org/) The 2012 average annual concentration … (ppm). The 2011 average is 391.65 ppm. For the past decade (2003-2012) the average annual increase is 2.1 ppm per year. The average for the prior decade (1993-2002) is 1.7 ppm per year. Annual data for 2012 was first posted January 3, 2013, by the Scripps Institution of Oceanography in the United States. Since the 1958 start of precision CO2 measurements in the atmosphere, the annual mean concentration of CO2 has only increased from one year to the next. The CO2 data below provide a simple view of the annual trend.
No impact to warming – models are flawed and consensus is a BAD thing – breaks down effective peer review. Happer 11 – (5/23/11, William, PhD in Physics, Cyrus Fogg Brackett Professor of Physics at Princeton University, former director of research for the United States Department of Energy, fellow of the American Physical Society and the American Association for the Advancement of Science, and a member of the National Academy of Sciences, “The Truth About Greenhouse Gases,” The Marshall Institute, http://www.marshall.org/article.php?id=953andprint=1 DH) Let me turn to some … its current abundance of life. Other things being equal, more CO2 will cause more warming. The question is how much warming, and whether the increased CO2 and the warming it causes will be good or bad for the planet. The argument starts something like … reverse effect when they cooled. The most recent continental ice sheets began to melt some twenty thousand years ago. During the “Younger Dryas” some 12,000 years ago, the earth very dramatically cooled and warmed by as much as 10 degrees Celsius in fifty years. The earth’s climate has always … celebrated “hockey stick” temperature record. The first IPCC report, issued in 1990, showed both the medieval warm period and the little ice age very clearly. In the IPCC’s 2001 report was a graph that purported to show the earth’s mean temperature since the year 1000. A yet more extreme version of the hockey stick graph made the cover of the Fiftieth Anniversary Report of the United Nation’s World Meteorological Organization. To the surprise of everyone who knew about the strong evidence for the little ice age and the medieval climate optimum, the graph showed a nearly constant temperature from the year 1000 until about 150 years ago, when the temperature began to rise abruptly like the blade of a hockey stick. The inference was that this was due to the anthropogenic “pollutant” CO2. This damnatia memoriae of inconvenient … A. W. Montford’s The Hockey Stick Illusion. About the time of the Copenhagen Climate Conference in the fall of 2009, another nasty thing happened to the global-warming establishment. A Russian server released large numbers of e-mails and other files from computers of the Climate Research Unit (CRU) of the University of East Anglia. Among the files released were e-mails between members of the power structure of the climate crusade, “the team.” These files were, or should have been, very embarrassing to their senders and recipients. A senior scientist from CRU wrote, for example: “PS, I’m getting hassled by a couple of people to release the CRU station temperature data. Don’t any of you three tell anybody that the UK has a freedom of information act.” A traditional way to maintain … from being accepted for publication. James Madison reminds us in The Federalist Papers that “no man is allowed to be a judge in his own cause, because his interest would certainly bias his judgment, and, not improbably, corrupt his integrity. With equal, nay with greater reason, a body of men are unfit to be both judges and parties at the same time.” Madison goes on to observe that the smaller the community, the more likely that parties and judges will be one and the same. Let me summarize how the … than changing levels of CO2.
Democracy strong globally, their uniqueness claims are flawed from every angle and there’s no impact anyway. Deudney and Ikenberry 9 (Daniel Deudney, Professor of Political Science at Johns Hopkins University and the author of Bounding Power: Republican Security Theory From the Polis to the Global Village. G. JOHN IKENBERRY is Albert G. Milbank Professor of Politics and International Affairs at Princeton University, a Global Eminence Scholar at Kyung Hee University, and the author of After Victory: Institutions, Strategic Restraint, and the Rebuilding of Order After Major Wars, Foreign Affairs Jan/Feb 2009, "The Myth of the Autocratic Revival"http://www.foreignaffairs.com/articles/63721/daniel-deudney-and-g-john-ikenberry/the-myth-of-the-autocratic-revival)
How compatible are authoritarian political … as a new model of modernity. Compared to where these countries were several decades ago, they have made remarkable progress in throwing off centuries of accumulated economic and political backwardness, and by the yardstick of world historical change, they have moved and are moving in directions consistent with the liberal modernization narrative. China and Russia are not … of international integration and cooperation.
2NC
Executive flexibility and ability to … to solve multiple nuclear threats Li 9 Zheyao, J.D. candidate, Georgetown University Law Center, 2009; B.A., political science and history, Yale University, 2006. This paper is the culmination of work begun in the "Constitutional Interpretation in the Legislative and Executive Branches" seminar, led by Judge Brett Kavanaugh, “War Powers for the Fourth Generation: Constitutional Interpretation in the Age of Asymmetric Warfare,” 7 Geo. J.L. and Pub. Pol'y 373 2009 WAR POWERS IN THE FOURTH GENERATION OF WARFARE A. The Emergence of Non-State Actors Even as the quantity of … -generational conflicts against fourthgenerational opponents.
Aggressive claims to executive power spill over Barron and Lederman 8 (David J. Barron, Professor of Law, Harvard Law School, Martin S. Lederman, Visiting Professor of Law, Georgetown University Law Center, “THE COMMANDER IN CHIEF AT THE LOWEST EBB - FRAMING THE PROBLEM, DOCTRINE, AND ORIGINAL UNDERSTANDING”, Harvard Law Review, Jan 2008, 121 Harv. L. Rev. 689) The Bush Administration's bold claims … to disregard legislatively imposed limits.
Economic decline causes terrorism Burton, J.D. candidate, Georgetown University Law Center, 2004 (Adam, “NOTE: A Grave and Gathering Threat: Business and Security Implications of the AIDS Epidemic and a Critical Evaluation of the Bush Administration's Response”, 35 Geo. J. Int’l L. 433, lexis)
The consequences for economic development … southward at a steady pace. n55
Controversial and difficult legislative process Daily Beast 11/6/8 http://www.thedailybeast.com/newsweek/2008/11/07/the-gitmo-dilemma.html The Daily Beast was founded in 2008 as the vision of Tina Brown and IAC Chairman Barry Diller. Curated to avoid information overload, the site is dedicated to breaking news and sharp commentary. In 2011, The Daily Beast became the online home of Newsweek magazine, which has served as the world’s preeminent conversation starter since its founding in 1933. Tina Brown, former editor of Vanity Fair, The New Yorker and Talk, serves as editor-in-chief of both publications. The combined operation now regularly attracts over 18 million unique online visitors a month and the magazine reaches millions more through its tablet and international editions.
In a federal court, an Al … would require a lengthy legislative process.
National security courts ignite storm of controversy Kimery 12/3/9 http://www.hstoday.us/blogs/the-kimery-report/blog/the-case-for-a-national-security-court/a9333d82c11cecd35e74c8c0b65c2698.html Anthony L. Kimery, Homeland Security Today's Online Editor and Online Media Division manager, draws on 30 years of experience and extensive contacts as he investigates and analyzes homeland security, counterterrorism and border security. "The Kimery Report" was awarded a 2008 National ASBPE Award for Original Web News Section.
A year ago, though, as … and outcome,” the announcement read.
Will pass --- shutdown has empowered GOP moderates to relent Washington Post 10-3 (“GOP lawmakers: Boehner tells colleagues he will avoid a default on federal debt”) With the government shuttered and a … a 2.3 percent tax on medical devices.
They have the votes Politico 10-3 Obama’s push for Boehner to … bring a bill to the floor.
Obama won’t cave, but the GOP could easily miscalculate his resolve --- triggering default Sargent 10-3 (“What the White House fears most about the debt limit fight”) Right now, the primary fear … to disaster — remains very real.
Obama’s capital is key --- it’s his sole focus now Jonathan Allen 9/19, Politico, 9/19/13, GOP battles boost President Obama, dyn.politico.com/printstory.cfm?uuid=17961849-5BE5-43CA-B1BC-ED8A12A534EB There’s a simple reason President Barack … country should pay its bills.
Global economic crisis causes war---statistics and empirics Royal 10 – Jedediah Royal, Director of Cooperative Threat Reduction at the U.S. Department of Defense, 2010, “Economic Integration, Economic Signaling and the Problem of Economic Crises,” in Economics of War and Peace: Economic, Legal and Political Perspectives, ed. Goldsmith and Brauer, p. 213-215
Thus, the answer to the … considered ancillary to those views.
The Daily Treasury Statement, a public accounting of what the U.S. government spends and receives each day, shows how money really works in Washington. On Aug. 27, the government took in $29 million in repaid agricultural loans; $75 million in customs and duties; $38 million in the repayment of TARP loans; some $310 million in taxes; and so forth. That same day, the government also had bills to pay: $247 million in veterans-affairs programs; $2.5 billion to Medicare and Medicaid; $1.5 billion each to the departments of Education and Defense. By the close of that Tuesday, when all the spending and the taxing had been completed, the government paid out nearly $6 billion more than it took in. This is the definition of a … economy becomes riskier and costlier.
Furthermore, Economic collapse kills millions and sparks great power wars Duncan ’12 (Richard Duncan, Former IMF consultant, Financial sector specialist for the World Bank, Chief Economist Blackhorse Asset Management, The New Depression: The Breakdown of the Paper Money Economy, Page 12, Ebooks, 2012)
The political battle over America’s … that killed approximately 60 million people.
Camp Bucca, a detention facility built … war after the 2003 U.S.-led invasion.
Attacks fail Koehler-Derrick 10-3 (Gabriel, Associate at the Combating Terrorism Center, and an instructor at the U.S. Military Academy, West Point. "A False Foundation? AQAP, Tribes and Ungoverned Spaces in Yemen," Combating Terrorism Center, October, www.ctc.usma.edu/wp-content/uploads/2011/10/CTC_False_Foundation2.pdf) Al-Qa`ida in the Arabian … far more pressing local concerns.
No motivation for nuclear terror Francis J. Gavin 10, Professor of International … Was,” International Security, Vol. 34, No. 3 (Winter 2009/10), pp. 7–37
A recent study contends that …. the topic is significantly flawed.”59
1NR The plan collapses legitimacy, … credibility and rule of law ---the regular criminal system solves ---imports Kangaroo courts – use evidence standards like the MCAs ---presumes guilt, posits a special categorization of people ---would continue Guantanamo and … with seeking solutions to end it Fisher 9 – Australian Ambassador for Counter-terrorism (William, “Special ‘Terror’ Courts Worry Legal Experts,” http://original.antiwar.com/fisher/2009/05/20/special-terror-courts/) The administration of President Barack … an extension of Guantanamo trials ---also, leads to increased terror recruitment because of warrior/criminal distinction is maintained Colson 9 - Acting Director, Law and Security Program @ HR First (Deborah, Prepared the following report: “The Case Against A Special Terrorism Court,” HR First, http://www.humanrightsfirst.org/wp-content/uploads/pdf/090323-LS-nsc-policy-paper.pdf) One important lesson learned from … anti-Americanism and prevents cooperation Colson 9 - Acting Director, Law and Security Program @ HR First (Deborah, Prepared the following report: “The Case Against A Special Terrorism Court,” HR First, http://www.humanrightsfirst.org/wp-content/uploads/pdf/090323-LS-nsc-policy-paper.pdf) Proposals for a special terrorism court … normal criminal system collapses credibility Colson 9 - Acting Director, Law and Security Program @ HR First (Deborah, Prepared the following report: “The Case Against A Special Terrorism Court,” HR First, http://www.humanrightsfirst.org/wp-content/uploads/pdf/090323-LS-nsc-policy-paper.pdf) Human Rights First believes that … detention without ¶ charge at Guantánamo.
Excluding or tending to exclude: exclusive barriers. 2. Not allowing something … else; incompatible: mutually exclusive conditions. The use of the word “… – no perm can include them Vladeck 9 – Associate Professor of Law (Stephen, “THE CASE AGAINST NATIONAL SECURITY COURTS,” Scholar) By far the more controversial—… a new court triggers our turns* Colson 9 - Acting Director, Law and Security Program @ HR First (Deborah, Prepared the following report: “The Case Against A Special Terrorism Court,” HR First, http://www.humanrightsfirst.org/wp-content/uploads/pdf/090323-LS-nsc-policy-paper.pdf) Human Rights First believes that … detention without ¶ charge at Guantánamo.
Realism and securitization are inevitable Thayer 2004 – Thayer has been a Fellow at the Belfer Center for Science and International Affairs at the Kennedy School of Government at Harvard University and has taught at Dartmouth College and the University of Minnesota Darwin and International Relations: On the Evolutionary Origins of War and Ethnic Conflict, University of Kentucky Press, 2004, pg. 75-76 adi The central issue here is what causes states to behave …. tribes need for food, shelter, or other resources).
Soft power is ineffective and depends entirely on hard power Liaropoulos 10 (Andrew, Senior Analyst in the Research Institute for European and American Studies; lecturer in University of Piraeus, Department of International and European studies; also teaches in the Joint Staff War College, the National Security College, the Air War College and the Naval Staff Command College; Masters in Intelligence and Strategic Studies and PhD, “Being Hard on Soft Power,” no date given but must be written in 2010 or 2011 because he cites references published in 2010, http://www.rieas.gr/research-areas/global-issues/transatlantic-studies/1519-being-hard-on-soft-power-.html) Soft power has been highly criticized … is not an easy task, even for a hegemon.
International law and institutions doesn’t solve their impacts Walt 12 (Stephen M., Robert and Renée Belfer professor of international affairs at Harvard University's Kennedy School of Government, 2/9. “Do I believe in international law?” http://walt.foreignpolicy.com/posts/2012/02/09/a_response_to_david_bosco)
In fact, Bosco's query betrays a … at least we're not hypocrites.
NEW YORK – Whenever something bad happens … multilateralism will have to become more varied.
And, gridlock makes multilat useless Held et al 13 (David Held, Professor of Politics and International Relations, at the University of Durham AND Thomas Hale, Postdoctoral Research Fellow at the Blavatnik School of Government, Oxford University AND Kevin Young, Assistant Professor in the Department of Political Science at the University of Massachusetts Amherst, 5/24/13, “Gridlock: the growing breakdown of global cooperation,” http://www.opendemocracy.net/thomas-hale-david-held-kevin-young/gridlock-growing-breakdown-of-global-cooperation)
The Doha round of trade negotiations … political landscapes of the most powerful countries.
10/17/13
KY Round 4
Tournament: Kentucky | Round: 4 | Opponent: Wake Forest LeDuc-Washington | Judge: Gordon 1nc t
Extra-judicial, premeditated killing by a state of a specifically identified person not in its custody Murphy and Radsan 09 – (2009, Richard, ATandT Professor of Law, Texas Tech University School of Law, and Afsheen John, Professor, William Mitchell College of Law, general counsel at the CIA, 2002-2004, “DUE PROCESS AND TARGETED KILLING OF TERRORISTS,” Cardozo Law Review, Vol. 31:2, google scholar) “Targeted killing” is extra-… continued into the Obama Administration.
1NC k
The 1AC makes an overt … dedication to oppositional black liberation DWP 13 (Dearest White People, internet blog cultural politics, "The Black Mythical Norm: Intersectionality and the Nationalist Construction of “Blackness”," April 16, dearestwhitepeople.wordpress.com/2012/04/16/black-mythical-norm/) In “Age, Race, Class, and … defined by their own construct.
Violence against the black body … subjugation normalizes the state violence. Martinot 7 (Steve, Adjunct Instructor at San Francisco State University, He has been a human rights, union, and community activist for most of his life." Motherhood and the Invention of Race," Hypatia 22.2, 79-97, Project Muse)) An article in The Nation … the raw evolution of racialization.
And we’ll pre-empt the … violence is a link to our k Collins 00 (Patricia Hill, Charles PHelps Taft PRofessor of Sociology and Chair of the Department of African-American STudies at the University of Cincinnati, Gender, Black Feminism, and Black Political Economy,"Annals of the American Academy of Political and Social Science , Vol. 568, The Study of African American Problems: W. E. B. Du Bois's Agenda, Then and Now (Mar., 2000), pp. 41-53))
Despite this important contribution, one … analysis of Black political economy.1
The internalization of patriarchal norms … to address social justice issues Ray 97 (A. E. Ray “The Shame of it: gender-based terrorism in the former Yugoslavia and the failure of international human rights law to comprehend the injuries.” The American University Law Review. Vol 46. )
In order to reach all … female subordination is women's bodies." 7 2
The alternative is to reject … complexities of hegemonic social relations Collins 9 (Patricia Hill, Charles Phelps Taft Professor of Sociology and Chair of the Department of African-American Studies at the University of Cincinnati, "Black Feminist Thought in the Matrix of Domination," Turning the Tide, www.turning-the-tide.org/files/Feminist20Thought20and20Matrix20of20Domination.pdf) Domination operates by seducing, pressuring, … restriction of externally imposed definition."
case
Anti-blackness should not be understood at the primary structuring force for history – it is a web of power embedded in historical processes. Their civil society ordering arguments are not sustainable. Hudson (Political Studies Department, University of the Witwatersrand , Johannesburg) 13 (Peter, Social Dynamics (2013): The state and the colonial unconscious, Social Dynamics: A journal of African studies, DOI: 10.1080/02533952.2013.802867) “Whiteness” as whiteness – the … identities are “white” under colonialism. Everyone is white in the colonial symbolic – including blacks; it is just that they are “less white” than “whites” to the point of not being at all – Fanon says again and again that “the black man desires to be white” – but, when he looks at himself through the eyes he has adopted, the “eyes” that are “his” – what he (qua white eyes) sees is something that doesn’t exist – “inequality, no non-existence” (Fanon 1968, 98, original emphasis). He “subsists at the level of non-being” (131) – just as the white, when it sees the black, sees an other that is, as Fanon says “absolutely not self,” so does the black see himself – “as absolutely not self” (114). This is the depth of the fissure in the black colonial subject position, caught between two impossibles: “whiteness,” which he desires but which is barred to him, and “black- ness,” which is “non-existence.” Colonialism, anxiety and emancipation3 Thus the self-same/other … constitutive axis, its “ontological” differential.
Using the Black-White paradigm as a metaphor for all racism ruins coalitions, entrenches white power, produces fatalism, renders other colored populations disposable Gines ’13 (Kathryn, Founding Director of the Collegium of Black Women Philosophers, Assist. Prof. of Philosophy @ Penn State. U., “introduction: Critical Philosophy of Race Beyond the Black/White Binary” critical philosophy of race, vol. 1, no. 1, 2013, p. 30) In addition to indicating what … the sole object of racism (255–56).
Using blackness as a metaphor to structure all other racism is flawed – the War on Terror should be understood as a related but distinct set of violences Angela Davis 5 (Angela, Abolition Democracy, p. 55-57) I'm reluctant to work with … they harm with their violence.
The aff’s insistence on the centrality of social death reifies western social sciences resulting in reductionism and the inability to see forms of sociability Brown ’9 (Vincent, Professor of History and of African and African-American Studies at Harvard, “Social Death and Political Life in the Study of Slavery”, American Historical Review, December) ABOARD THE HUDIBRAS IN 1786, in … important new studies of slavery.9
2NC
The aff’s methodology is a form … women’s without addressing their privilege Noble and Pease 11 (Carolyn noble and bob pease. Interrogating male privilege in the human services and social work education” Women in Welfare Education collective. http://www.aaswwe.asn.au/download/2011/WIWE_10_2011.pdf) Harvey (1999) used the term "civilised … having access to their rewards.
The perm can’t “solve” the links – it’s ethically indistinguishable from the 1AC’s methodology Hoagland 95 (Sarah Lucia, Professor of Philosophy and Women's Studies at Northeastern, “Separating from Heterosexuality” in Feminism and Community. 276-)
In certain respects, to engage, … the last stronghold of patriarchy.
The perm is the add women and stir approach to gender issues Collins 00 (Patricia Hill, Charles Phelps Taft Professor of Sociology and Chair of the Department of African-American Studies at the University of Cincinnati, Gender, Black Feminism, and Black Political Economy," Annals of the American Academy of Political and Social Science, Vol. 568, The Study of African American Problems: W. E. B. Du Bois's Agenda, Then and Now (Mar., 2000), pp. 41-53))
Invoking these two dimensions of … is used as a theoretical frame.
That fails and is methodologically distinct Warren and Cady 94 (Karen and Duane, “Feminism and Peace: Seeing Connections”, Hypatia Volume: 9. Issue: 2, pp 1, CR) What do feminism and peace … mainstream philosophical discussions of peace.
Any feminist movement to end oppression of women is a movement to end multiple oppressions Warren and Cady 94 (Karen and Duane, “Feminism and Peace: Seeing Connections”, Hypatia Volume: 9. Issue: 2, pp 2, CR) Perhaps the most obvious connection … , and so on (see Warren 1990).
A gendered understanding of oppression … state violence will continually reappear Martinot 7 (Steve, Adjunct Instructor at San Francisco State University, He has been a human rights, union, and community activist for most of his life." Motherhood and the Invention of Race," Hypatia 22.2, 79-97, Project Muse)
A similar cultural norm was … of the purity of whiteness.
1NR
BwB elevates black oppression under white America to the exclusion of understanding other forms of racial domination Gines ’13 (Kathryn, Founding Director of the Collegium of Black Women Philosophers, Assist. Prof. of Philosophy @ Penn State. U., “introduction: Critical Philosophy of Race Beyond the Black/White Binary” critical philosophy of race, vol. 1, no. 1, 2013, pp. 29-30) In Race: A Philosophical Introduction, Paul C. … from whites as irremediably foreign” (145).
For instance Asian Americans Gines ’13 (Kathryn, Founding Director of the Collegium of Black Women Philosophers, Assist. Prof. of Philosophy @ Penn State. U., “introduction: Critical Philosophy of Race Beyond the Black/White Binary” critical philosophy of race, vol. 1, no. 1, 2013, pp. 32-33) Finally, Falguni A. Sheth, in her … is composed of multiple races” (160)
Black/non-black as descriptor for division in America wrong – can’t capture fluidity and modes of racial identity formation, destroys resistance Kretsedemas ‘8 (Philip, Assoc. Prof. of Sociology @ U. of Massachusetts-Boston, “Redefining `Race' in North America” Current Sociology ! November 2008 ! Vol. 56(6), pp. 838-839) I have offered these observations … changing form of racial stratification.
10/17/13
KY Round 5
Tournament: Kentucky | Round: 5 | Opponent: Nevada Las Vegas Velto-Rodriguez | Judge: Stone 1nc 1 Democrats aren’t offering any concessions now --- key to break the gridlock Milbank 10-1 (Dana,- syndicated Washington Post columnist “In D.C., compromise is a dirty word (and should be)”) But God works in mysterious … everybody — even, eventually, the Republicans.
The plan tanks capital and emboldens opponents Kriner ‘10 Douglas L. Kriner, Assistant professor of political science at Boston University “After the Rubicon: Congress, Presidents, and the Politics of Waging War”, page 276-77 One of the mechanisms by … have had the predicted effect.
Triggers economic collapse and quick extinction O’Brien 9-29 (Matthew,- senior associate editor at The Atlantic covering business and economics. He has previously written for The New Republic “Not Raising the Debt Ceiling”) And cutting 32 percent of federal … holding the world economy hostage.
Nuclear war Friedberg and Schoenfeld 8 Aaron, Prof. Politics. And IR @ Princeton’s Woodrow Wilson School and Visiting Scholar @ Witherspoon Institute, and Gabriel, Senior Editor of Commentary and Wall Street Journal, “The Dangers of a Diminished America”, 10-28, http://online.wsj.com/article/SB122455074012352571.html Then there are the dolorous … internal travails with external adventures.
1nc 2
Text: The Executive Branch of the United States should assign review of drone operations to the Intelligence Advisory Board to establish their efficacy and justifiability ex post. The Executive Branch should request Congressional rules for the reviews, including who will carry out the reviews and requiring periodic reports to its committees and the public. President flips out about the plan and causes a huge political show because it undermines war powers- the counterplan solves legitimacy and sets limits on targeted killing without hurting war powers Epps ‘13 GARRETT EPPS, The Atlantic, FEB 16 2013, http://www.theatlantic.com/politics/archive/2013/02/why-a-secret-court-wont-solve-the-drone-strike-problem/273246/ The real problem with Vladeck's … war to continue without supervision.
1nc 3 The political question doctrine is well-entrenched constitutional law – it justifies judicial deference to the President on war powers and national security issues Fix and Randazzo 10 (Michael P. Fix, Kirk A. Randazzo, Professors of Political Science, “Judicial Deference and National Security: Applications of the Political Question and Act of State Doctrines”, Democracy and Security, 3/16/10, http://people.cas.sc.edu/randazzo/fix_randazzo_2010_dem_and_sec.pdf)
The political question doctrine is … the President’s conduct of war.”
Judicial decisionmaking on targeted killing breaks the political question doctrine Rosen 11 (Richard D. Rosen, Professor of Law and Director, Center for Military Law and Policy, Texas Tech University School of Law, Colonel, U.S. Army (retired), “Drones and the U.S. Courts,” 2011, William Mitchell Law Review 37 wm. Mitchell L.Rev. 5280)
Even if a plaintiff establishes standing … Taliban *5286 in their Pakistani sanctuaries.
Deference key to heg – 5 reasons Knowles 9 – Acting Assistant Professor, New York University School of Law (Robert, Spring, “American Hegemony and the Foreign Affairs Constitution”, 41 Ariz. St. L.J. 87, Lexis Law)
Flexibility Because the world … individual liberties, even for citizens.
Impact is nuclear war Knowles 9 – Acting Assistant Professor, New York University School of Law (Robert, Spring, “American Hegemony and the Foreign Affairs Constitution”, 41 Ariz. St. L.J. 87, Lexis Law) Nonetheless, foreign relations remain special, … President's textually-specified Article I powers.
1nc 4
The United States Federal Government should designate District Court judges to approve targeted killings involving the use of drone strikes, citing strict scrutiny as the basis for creating the court.
Drone norms are unenforceable – China and Russia have never cared Lerner 13 BEN LERNER, 3.25.13, American Spectator, “Judging ‘Drones’ From Afar,” http://spectator.org/archives/2013/03/25/judging-drones-from-afar And who would enforce the … others to dictate its outcome.
So what? Our adversaries are … a very large amount of firepower. The piece concludes: Integrating ethics may be more cautious and less agile than a “do first, think later” (or worse “do first, apologize later”) approach, but it helps us win the moral high ground–perhaps the most strategic of battlefields. No, the moral high ground … those on the receiving end.
No … reverse modeling- norms can’t solve Saunders 5-4-13 Paul J. Saunders is executive director of The Center for the National Interest and associate publisher of The National Interest. He served in the State Department from 2003 to 2005, “We Won't Always Drone Alone,” http://nationalinterest.org/commentary/we-wont-always-drone-alone-8177 A broader and deeper challenge … groups they define as terrorists?
Fearing that the mere use … understanding how to move forward.
Global drone norms are impossible McGinnis 10 (John O., senior professor – Northwestern Law, 104 Nw. U. L. Rev. Colloquy 366) It is hard to overstate … require even less substantial resources.
The first point is I'm less persuaded that international norms really have much of an effect when it comes to the use of force against the United States. My experience is that nation-states are generally either encouraged or deterred by their sort of cost-benefit calculation, and so I -- as other countries develop drones of their own, I think that they will make their own decisions on how they -- on how they use them, looking at the United States' experience but drawing on their own -- on their -- on their own interests and fears. I think that nonstate organizations, terrorist groups, extremist groups, are not deterrable, and they look at U.S. norms in order to find weaknesses in them, not to -- not to be led by them. And they -- if a terrorist group can get hold of drone technology, it will use it against us every way we can. So I'm not so much persuaded that norms can be set by the United States in this area.
Deterrence STILL checks – diplomatic costs Singh 12 (Joseph Singh is a researcher at the Center for a New American Security. “Betting Against a Drone Arms Race,” http://nation.time.com/2012/08/13/betting-against-a-drone-arms-race/) Bold predictions of a coming drones … their arrival in large numbers.
No impact to prolif – no one will change their behavior and doesn’t change nature of conflict Trombly 12 (analyst on international affairs and strategy; Associate at Caerus Analytics; fmr Writer at Foundation for Defense of Democracies) (Dan, The Drone War Does Not Take Place, NOVEMBER 16, 2012, http://slouchingcolumbia.wordpress.com/2012/11/16/the-drone-war-does-not-take-place/) The Predators and Reapers could … gave them such an ability.
No war is the Senkakus Reuters 12 “Japan, China Military Conflict Seen Unlikely Despite Row,” 9/24, http://www.cnbc.com/id/49142182 Hawkish Chinese commentators have urged … not get out of control."
Drone prolif causes Russian drone use against Chechen terrorists—this makes peace deals with separatists less likely and undermines sympathy for Chechen claims while keeping rebels contained BOYLE 2013 (Michael J, Michael Boyle is an Assistant Professor of Political Science at La Salle University, “The costs and consequences of drone warfare,” International Affairs, 89:1, http://www.chathamhouse.org/sites/default/files/public/International20Affairs/2013/89_1/89_1Boyle.pdf) Fourth, there is a distinct danger … , including just ones, upon them.
Attack on Sochi crushes Russian economy and global influence REUTERS 9-9-13 (Security not improving fast enough in region near Olympics: Putin, http://www.reuters.com/article/2013/09/09/us-russia-sochi-idUSBRE9880QX20130909) Vladimir Putin has already signed a … in the nearby North Caucasus. Putin urged the council to "mobilize all law enforcement bodies" to tighten security. Rooted in two separatist wars in the North Caucasus province of Chechnya since the fall of the Soviet Union, the insurgency has spilled into Dagestan which is now the focal point of violence. Putin repeated Russia's long-standing assertion that foreign powers exploited the turmoil to weaken Russia from within. "We are also facing … influence and activity," he said.
Global nuclear war FILGER 2009 (Sheldon, author and blogger for the Huffington Post, “Russian Economy Faces Disastrous Free Fall Contraction” http://www.globaleconomiccrisis.com/blog/archives/356) In Russia historically, economic health … is its least dangerous consequence.
pakistan Court review on drone strikes kill effectiveness Boot, 13 – CFR senior fellow Max, Jeane J. Kirkpatrick Senior Fellow in National Security Studies at the Council on Foreign Relations, "A Drone Court is a Terrible Idea," Commentary, 2-11-13, www.commentarymagazine.com/2013/02/11/a-drone-court-is-a-terrible-idea-fisa-terroris/, accessed 8-15-13, mss Nevertheless creating such a court would … for the District of Columbia. Matt note: paraphrased for ableist language
Aggressive CT to disrupt senior AQ leadership is the key internal link to nuclear terror attacks – need to stop the planning process. Montgomery 09 – (2009, Evan Braden, Research Fellow, has published on a range of issues, including alliance politics, nuclear terrorism, military doctrine, and political revolutions, Center for Strategic and Budgetary Assessments, MA in Foreign Affairs, PhD Candidate at UVA, “Nuclear Terrorism: Assessing the Threat, Developing a Response,” http://www.dtic.mil/cgi-bin/GetTRDoc?AD=ADA506768)
The second major implication addresses … the future has correspondingly increased.
Nuclear terror causes accidental US-Russia nuclear war. Barrett et al. 2013 – (6/28, Anthony, PhD, Engineering and Public Policy from Carnegie Mellon University, Director of Research, Global Catastrophic Risk Institute, Fellow in the RAND Stanton Nuclear Security Fellows Program, Seth Baum, PhD, Geography, Pennsylvania State University, Executive Director, GCRI, Research Scientist at the Blue Marble Space Institute of Science, former Visiting Scholar position at the Center for Research on Environmental Decisions at Columbia University, and Kelly Hostetler, Research Assistant, GCRI, “Analyzing and Reducing the Risks of Inadvertent Nuclear War Between the United States and Russia,” Science and Global Security 21(2): 106-133, pre-print, available online) War involving significant fractions of … to misinterpret events as attacks.16
Drones solve Pakistani instability. Curtis 13 – (7/16, Lisa, Senior Researcher, Heritage Foundation, “Pakistan Makes Drones Necessary,” http://www.heritage.org/research/commentary/2013/7/pakistan-makes-drones-necessary) Drones Help Pakistan It is no secret that … judicious use of drone strikes. Complicated Relationship The U.S. will need to keep a … groups like the Haqqani Network.
Though drones are not ideal, … themselves that continue to suffer.
No impact or uniqueness – Pakistan already hates us and concessions don’t get anything in return. Miller 12 – (2012, Paul, PhD, Assistant Professor of International Security Affairs at the National Defense University, former Director for Afghanistan and Pakistan on the National Security Council, “How to Exercise U.S. Leverage Over Pakistan,” The Washington Quarterly • 35:4 pp. 37-52) A critic may respond that … which militancy has no part. Turning Options into Strategy Any one of these policy … deterioration in the U.S.— Pakistan relationship.
Not enough convergence of interest to make cooperation sustainable or dependable – we need to break up Haqqani 13 – (2013, Husain, Professor of International Relations at Boston University, Senior Fellow at the Hudson Institute , former Pakistani Ambassador to the United States, “Breaking Up Is Not Hard to Do: Why the U.S.-Pakistani Alliance Isn't Worth the Trouble,” Foreign Affairs March/April 2013, http://www.foreignaffairs.com/articles/138845/husain-haqqani/breaking-up-is-not-hard-to-do?) Pakistanis tend to think of … limitations of their country's power.
Relations have always sucked – no impact Haqqani 13 – (2013, Husain, Professor of International Relations at Boston University, Senior Fellow at the Hudson Institute , former Pakistani Ambassador to the United States, “Breaking Up Is Not Hard to Do: Why the U.S.-Pakistani Alliance Isn't Worth the Trouble,” Foreign Affairs March/April 2013, http://www.foreignaffairs.com/articles/138845/husain-haqqani/breaking-up-is-not-hard-to-do?) But the relationship between the … plenty of monsters to destroy.
Pakistan likes and benefits from the strikes – ending them is bad. Miller 12 – (2012, Paul, PhD, Assistant Professor of International Security Affairs at the National Defense University, former Director for Afghanistan and Pakistan on the National Security Council, “How to Exercise U.S. Leverage Over Pakistan,” The Washington Quarterly • 35:4 pp. 37-52) A similar arrangement with new … successor, Hakimullah Mehsud, in January 2012.22
Pakistani internal discourse on drones changed – American commentators ignore it. Fair 10 – (8/2, C. Christine, Assistant Professor, Georgetown University’s Security Studies Program, “Drones Over Pakistan -- Menace or Best Viable Option?” http://www.huffingtonpost.com/c-christine-fair/drones-over-pakistan~-~-~-~-m_b_666721.html) Killing Whose Enemies? Killing Our Enemies The August 2009 killing of Baitullah … place without Baitullah Mehsud in it.
No war – even if crises occur, deterrence prevents them from escalating Ganguly, 8 Sumit Ganguly is a professor of political science and holds the Rabindranath Tagore Chair at Indiana University, Bloomington. “Nuclear Stability in South Asia,” International Security, Vol. 33, No. 2 (Fall 2008), pp. 45–70
As the outcomes of the 1999 … army into Pakistan-occupied Kashmir.87
2NC
- FISC proves the court believably establishes a norm even if it doesn’t hamper military operations Granick and Sprigman 13 Jennifer Granick, Christopher Sprigman, director of Civil Liberties at the Stanford Center for Internet and Society and Research Professor at the University of Virginia School of Law, The Secret FISA Court Must Go, Jul 24, 2013, http://www.thedailybeast.com/articles/2013/07/24/the-secret-fisa-court-must-go.html Like a modern-day Star Chamber, … applications raising novel legal issues.
No impact to prolif – no one will change their behavior and doesn’t change nature of conflict Trombly 12 (analyst on international affairs and strategy; Associate at Caerus Analytics; fmr Writer at Foundation for Defense of Democracies) (Dan, The Drone War Does Not Take Place, NOVEMBER 16, 2012, http://slouchingcolumbia.wordpress.com/2012/11/16/the-drone-war-does-not-take-place/) The Predators and Reapers could … gave them such an ability.
Econ interdependence prevents it Richard Katz 13, Editor of the semiweekly The Oriental Economist Alert and the monthly The Oriental Economist Report, “Mutual Assured Production”, Foreign Affairs, July/August 2013, EBSCO Why Trade Will Limit Conflict … from trading than from fighting.
Drone court crushes counter-terror- delay Oliphant, 13 -- National Journal deputy magazine editor; citing Gregory McNeal, a counterterrorism expert at Pepperdine University James, “Vetting the Kill List,” 5-30-13, http://www.nationaljournal.com/magazine/vetting-the-kill-list-20130404, accessed 8-16-13 But even among supporters, no consensus … up until the last minute of the operation.”
Targeting revision- drone court deters it Johnson, 13 -- Former Pentagon General Counsel Jeh, American civil, criminal trial lawyer, and General Counsel of the Department of Defense from 2009 to 2012 during the first Obama Administration, "A “Drone Court”: Some Pros and Cons," Lawfare, 3-18-13, www.lawfareblog.com/2013/03/jeh-johnson-speech-on-a-drone-court-some-pros-and-cons/, accessed 8-15-13
Next, if the court’s jurisdiction is limited to U.S. citizens, …. the type of continual reevaluation I’m referring to.
Given that reality, shifting the responsibility … as Ronald Reagan once put it: “Trust, but verify.”
Detailed data driven analysis indicates that drones are associated with fewer and less violent terrorist attacks. Johnston and Sarbahi 13 – (July 2013, Patrick, PhD, Political Scientist at the RAND Corporation, former Research Fellow in the International Security Program at the Belfer Center for Science and International Affairs, Harvard, and Anoop, PhD, Postdoctoral Scholar, Empirical Studies of Conflict Center, UCLA, “The Impact of U.S. Drone Strikes on Terrorism in Pakistan and Afghanistan,” google scholar)
Drone strikes are not the only instrument …. should not be dismissed out of hand.
Obama is self-regulating drones – that solves Corn 13 (David Corn, Washington bureau chief of Mother Jones magazine and an MSNBC commentator, Mother Jones, May 23, 2013, " Obama's Counterterrorism Speech: A Pivot Point on Drones and More?", http://www.motherjones.com/mojo/2013/05/obama-speech-drones-civil-liberties) So Obama's speech Thursday on counterterrorism policies—which follows his administration's acknowledgment yesterday that it had killed four Americans (including Anwar al-Awlaki, an Al Qaeda leader in Yemen)—is a big deal, for with this address, Obama is self-restricting his use of drones and shifting control of them from the CIA to the military. And the president has approved making public the rules governing drone strikes. The New York Times received the customary pre-speech leak and reported:
Moving to the DOD ensures drone legitimacy – allows oversight and guarantees political backing. Waxman 13 – (3/20, Matthew, law professor at Columbia Law School, co-chair, Roger Hertog Program on Law and National Security, Adjunct Senior Fellow for Law and Foreign Policy at the Council on Foreign Relations, member of the Hoover Institution Task Force on National Security and Law, “Going Clear,” Foreign Policy, http://www.foreignpolicy.com/articles/2013/03/20/going_clear?wp_login_redirect=0)
So, moving operations to the Pentagon may … reforms would put the remaining policy on stronger footing.
Strikes on low level operatives are key – take out the support structure for diffuse terror networks – operation tempo makes recovery impossible Mudd 13 – (5/24, Philip, former senior official at the CIA and the FBI, now director of global risk at SouthernSun Asset Management, “Fear Factor,” Foreign Policy) The impact of armed drones during …. capability faster than the groups can recover.
Critics argue that drone strikes create new …. helping al Qaeda more than they were hurting it.
Actually causes backlash against AQ and the Taliban – frees up population to fight back Llenza 11 – (2011, Michael, Diplomacy Department, Norwich University, US Navy fellow at the Atlantic Council’s Brent Scowcroft Center on International Security, “Targeted Killings in Pakistan: A Defense,” Global Security Studies, Spring, 2011, Volume 2, Issue 2)
In the end, what matters to the policy makers … the regions will only result in their return (ibid.)
Can’t replace lost talent – means no impact Anderson 13 – (5/24, Kenneth, Professor of Law, Washington College of Law, American University Member, Task Force on National Security and Law, The Hoover Institution, Stanford University, “The Case for Drones,” Real Clear Politics)
Other critics argue that drone … plan another 9/11 is also critical.
Disruption works – long term statistical analysis. Johnston and Sarbahi 13 – (July 2013, Patrick, PhD, Political Scientist at the RAND Corporation, former Research Fellow in the International Security Program at the Belfer Center for Science and International Affairs, Harvard, and Anoop, PhD, Postdoctoral Scholar, Empirical Studies of Conflict Center, UCLA, “The Impact of U.S. Drone Strikes on Terrorism in Pakistan and Afghanistan,” google scholar)
To test Hypotheses 1 and 2, … strikes trigger increased violence (Hypothesis 1).
Their “studies” get 0 weight- massive omitted variable bias without breaking down strikes by agency-weeks Johnston and Sarbahi 13 – (July 2013, Patrick, PhD, Political Scientist at the RAND Corporation, former Research Fellow in the International Security Program at the Belfer Center for Science and International Affairs, Harvard, and Anoop, PhD, Postdoctoral Scholar, Empirical Studies of Conflict Center, UCLA, “The Impact of U.S. Drone Strikes on Terrorism in Pakistan and Afghanistan,” google scholar) In this section, we describe our methodology … increasing distance from the targeted area.
This potential of drones to vastly … the Afghan people any appreciable concern.
Relations have always sucked – no impact Haqqani 13 – (2013, Husain, Professor of International Relations at Boston University, Senior Fellow at the Hudson Institute , former Pakistani Ambassador to the United States, “Breaking Up Is Not Hard to Do: Why the U.S.-Pakistani Alliance Isn't Worth the Trouble,” Foreign Affairs March/April 2013, http://www.foreignaffairs.com/articles/138845/husain-haqqani/breaking-up-is-not-hard-to-do?) But the relationship between the United States … plenty of monsters to destroy.
1NR
Disrupting safe havens is key to reduce EFFECTIVENESS – drone attacks are key to degrade the al-Qaeda core leadership. Byman 11 – (6/3, Daniel, Professor in the Security Studies Program at the Edmund A. Walsh School of Foreign Service at Georgetown University and a Senior Fellow at the Saban Center for Middle East Policy at the Brookings Institution, “Denying Terrorist Safe Havens: Homeland Security Efforts to Counter Threats from Pakistan, Yemen and Somalia,” Testimony for the House Committee on Homeland Security, Subcommittee on Oversight, Investigations and Management, http://www.brookings.edu/research/testimony/2011/06/03-terrorism-byman) I. The State of the … themselves than to their enemies.
National security deference issues will be in the political spotlight – guarantees a link Chesney 9 (Robert M., Professor, University of Texas School of Law, October, “NATIONAL SECURITY FACT DEFERENCE”, 95 Va. L. Rev. 1361, Lexis Law) Judicial involvement in national security … concerns will play some role.
Aff introduces judicial activism into targeted killing – destroys military effectiveness and ruins targeted killing program Klimp et al 10 (JACK W. KLIMP, Lt. General, U.S. Marine Corps (Ret.), JOHN D. ALTENBURG, Major General, U.S. Army (Ret.), JAMES J. CAREY, Rear Admiral, U.S. Navy (Ret.), STEVEN B. KANTROWITZ, Rear Admiral, U.S. Navy (Ret.), NORMAN T. SAUNDERS, Rear Admiral, U.S. Coast Guard (Ret.), THOMAS L. HEMINGWAY, Brigadier General, U.S. Air Force (Ret.), ALFRED L. MICHAUD, Colonel, U.S. Army (Ret.), WILLIAM D. PIVARNIK, Captain, U.S. Navy (Ret.), ERIC ROJO, Colonel, U.S. Army (Ret.), PETER J. REYNIERSE, Commander, U.S. Navy (Ret.), THOMAS A. SMITH, Lt. Colonel, U.S. Army (Ret.), ADRIAN CRONAUER, WASHINGTON LEGAL FOUNDATION, NATIONAL DEFENSE COMMITTEE, AND ALLIED EDUCATIONAL FOUNDATION, 10/4/10, http://ccrjustice.org/files/Al-Aulaqi20v20Obama-20Klimp,20et20al20Amicus.pdf)
Amici respectfully submit that this … expertise to undertake such a reexamination.
Judicial interference in executive war powers hurts military readiness and national security VFW 10 (The Veterans of Foreign Wars of the United States, Brief of The veterans of Foreign Wars of the United States As amicus curiae in support of defendants and dismissal, 09/30/10, http://www.lawfareblog.com/wp-content/uploads/2010/10/VFW_Brief_PACER.pdf)
As a member organization comprised of … their mission and their safety.
Military effectiveness is key to deter large-scale aggression and prevent conflict escalation Spencer 3 (Jack, Senior Defense Policy Analyst @ Heritage, "Focusing Defense Resources to Meet National Security Requirements," 3/21, www.heritage.org/Research/NationalSecurity/bg1638.cfm) Be prepared to fight with … to aggression against America's allies.
Deference guarantees disclosure of nuclear secrets—that causes first strikes and nuclear terrorism Green 97 – Associate at McNair Law Firm, JD Magna Cum Laude at Univ of South Carolina (Tracey Cotton, South Carolina Environmental Law Journal, 6 S.C Envtl. L.J. 137, Fall) The deployment of nuclear weapons, … federal law passed by Congress. 63 *145
Uniquely causes international instability Nzelibe and Yoo 6 (Jide Nzelibe, Professor of Law at Northwestern and John Yoo, Professor of Law at UC Berkeley, “Rational War and Constitutional Design,” The Yale Law Journal, Vol. 115, No. 9, The Most Dangerous Branch? Mayors, Governors, Presidents, and the Rule of Law: A Symposium on Executive Power (2006), pp. 2512-2541, http://www.jstor.org/stable/20455704) D. The Dangers of judicial Intervention Faced with the prospect that congressional participation can sometimes play a salutary role in avoiding unnecessary wars, an antecedent question naturally arises. Should the courts decide if such a congressional role would be appropriate? Indeed, a recurring theme running through much of the Congress-first literature is that judicial intervention is necessary to vindicate the congressional role in initiating conflicts. But if one accepts the signaling model developed here, there are significant reasons why one ought to be wary of a judicial role in resolving war powers controversies. First, under our model of international crisis bargaining, judicial review would likely undermine the value of signals sent by the President when he seeks legislative authorization to go to war. In other words, it is the fact that the signal is both costly and discretionary that often makes it valuable. Once one understands that regime characteristics can influence the informational value of signaling, it makes sense that the President should have the maximum flexibility to choose less costly signals when dealing with rogue states or terrorist organizations. The alternative- a judicial rule that mandates costly signals in all circumstances, even when such signals have little or no informational value to the foreign adversary-would dilute the overall value of such signals. Second, judicial review would preclude the possibility of beneficial bargaining between the President and Congress by forcing warmaking into a procedural straitjacket. In this picture, judicial review would constrain the political branches to adopt only the tying hands type of signal regardless of the nature or stage of an international crisis. But the supposed restraining effect attributed to the tying hands signal can vary considerably depending on whether the democracy is deciding to initiate an international crisis or is already in the midst of an escalating crisis. Requiring legislative authorization may make it less likely that the democracy will be willing to back out of a conflict once it starts. Thus, tying hand signals and judicial insistence that the President seek legislative authorization will contribute to greater international instability once a conflict has already started.
Political question doctrine key to maintain “one voice” in foreign policy, that’s key to US credibility Abebe 12 (Daniel, Professor of Law, University of Chicago Law School, JD Harvard Law School, PhD in Political Science, University of Chicago, “One Voice or Many? The Political Question Doctrine and Acoustic Dissonance in Foreign Affairs,” The Supreme Court Review, Vol. 2012, No. 1 (2012), pp. 233-254) A common theme in foreign … to speak with one voice.
Judiciary deferring to the executive on national security issues is the norm Fix and Randazzo 10 (Michael P. Fix, Kirk A. Randazzo, Professors of Political Science, “Judicial Deference and National Security: Applications of the Political Question and Act of State Doctrines”, Democracy and Security, 3/16/10, http://people.cas.sc.edu/randazzo/fix_randazzo_2010_dem_and_sec.pdf)
This article examines the history … judicial opposition to executive policies.
Current legal environment continues historical trend of judicial deference on the PQD Fix and Randazzo 10 (Michael P. Fix, Kirk A. Randazzo, Professors of Political Science, “Judicial Deference and National Security: Applications of the Political Question and Act of State Doctrines”, Democracy and Security, 3/16/10, http://people.cas.sc.edu/randazzo/fix_randazzo_2010_dem_and_sec.pdf)
An historical examination of judicial … treatment received in federal court.
Best statistical studies prove heg solves war – violence is declining and heg maintains free trade, deterrence, democracy and other proximate checks Owen 11 – John M. Owen Professor of Politics at University of Virginia PhD from Harvard "DON’T DISCOUNT HEGEMONY" Feb 11 www.cato-unbound.org/2011/02/11/john-owen/dont-discount-hegemony/
Andrew Mack and his colleagues … will not fight one another. Their colossal atomic arsenals neither kept the United States at peace with North Vietnam during the Cold War nor the Soviet Union at peace with Afghanistan. But the argument remains strong that those arsenals did help keep the United States and Soviet Union at peace with each other. Why non-nuclear states are not deterred from fighting nuclear states is an important and open question. But in a time when calls to ban the Bomb are being heard from more and more quarters, we must be clear about precisely what the broad trends toward peace can and cannot tell us. They may tell us nothing about why we have had no World War III, and little about the wisdom of banning the Bomb now. Regarding the downward trend in … , including to end civil wars. We would still need to explain how this charmed circle of causes got started, however. And here let me raise another factor, perhaps even less appealing than the “nuclear peace” thesis, at least outside of the United States. That factor is what international relations scholars call hegemony—specifically American hegemony. A theory that many regard … for liberal democracy remains strong.
China won’t use drones offensively Erickson, associate professor – Naval War College, associate in research – Fairbank Centre @ Harvard, 5/23/’13 (Andrew, China Has Drones. Now What?", www.foreignaffairs.com/articles/136600/andrew-erickson-and-austin-strange/china-has-drones-now-what) Beijing, however, is unlikely to … with its own drone programme.
10/17/13
KY Round 7
Tournament: Kentucky | Round: 7 | Opponent: Minnesota Crunkilton-Ehrlich | Judge: Herndon 1nc 0 The first half of the plan ends indefinite detention – gives them trials but the plan fiats their release which is extra-topical Greenwald 11 (Glenn Greenwald, Three myths about the detention bill, Friday, Dec 16, 2011 06:56 AM EST, http://www.salon.com/2011/12/16/three_myths_about_the_detention_bill/)
It simply cannot be any … of this crystal clear provision.
They should lose – extra T proves the Resolution insufficient and means the plan is outside your jurisitiction
And Good ground – giving trials and expanding grounds solves every reason why the Aff is good but their interp allows Aff’s to fiat out of all procedural problems
1nc 1 The Supreme Court will rule in favor of the petitioner in DaimlerChrysler v Bauman because Roberts has avoided controversial rulings – new controversial rulings derail the fragile consensus Citron 13 (Rodger, Professor of Law at Touro Law Center, "Seven Ways of Looking at Kiobel v. Royal Dutch Petroleum and the Supreme Court Under Chief Justice John Roberts - See more at: http://verdict.justia.com/2013/07/03/seven-ways-of-looking-at-kiobel#sthash.qucNe3Pw.dpuf," Justia, July 3, verdict.justia.com/2013/07/03/seven-ways-of-looking-at-kiobel) (7) Or Planting the Seeds … is truly the Roberts Court.
Judicial review of Presidential war … backlash from the political branches Druck 10 (Judah, B.A., Brandeis University, 2010; J.D. Candidate, Cornell Law School, 2013; Notes Editor, Cornell Law Review, Volume 98., "Droning On: The War Powers Resolution and the Numbing Effect of Technology-Driven Warfare," Cornell Law Review, www.lawschool.cornell.edu/research/cornell-law-review/upload/Druck-final.pdf) The suits arising out of … , the lesser of two¶ evils.¶ B
This Court has recognized that … of foreign commerce and investment.
1nc 2
The Executive Office of the President should issue an executive order: restricting its ability to detain persons without habeas corpus hearings subject to due process guarantees, guaranteeing individuals who win their habeas corpus hearing be release, and eliminating all practice of torture by the United States.
Exos solve – shape the agenda Mayer ‘1 (Kenneth, professor of political science at the University of Wisconsin-Madison, Ph.D. Yale University, 1988 (Political Science), M.A., M Phil Yale University, 1987 (Political Science), B.A. University of California, San Diego 1982 (Political Science), “Executive Orders and Presidential Power” (2001), 28-29)
This theoretical perspective offered by … which they have no control.
Restricted detention leads to increased drone use Chesney 11 (Robert, Charles I. Francis Professor in Law, University of Texas School of Law, “ARTICLE: WHO MAY BE HELD? MILITARY DETENTION THROUGH THE HABEAS LENS”, Boston College Law Review, 52 B.C. L. Rev 769, Lexis) The convergence thesis describes one … lens of habeas corpus litigation.
Extinction Wittner 11 (Lawrence S., Emeritus Professor of History at the State University of New York/Albany, Wittner is the author of eight books, the editor or co-editor of another four, and the author of over 250 published articles and book reviews. From 1984 to 1987, he edited Peace and Change, a journal of peace research., 11/28/2011, "Is a Nuclear War With China Possible?", www.huntingtonnews.net/14446) The gathering tension between the … , and generating chaos and destruction.
1
1nc 4 Their organization of detention policy … norms and is profoundly racist Denike (assistant professor and coordinator of the Human Rights Program at Carleton University) 8 (Margaret, The Human Rights of Others: Sovereignty, Legitimacy, and “Just Causes” for the “War on Terror”, Hypatia vol. 23, no. 2 (April–June)) There is, however, another side … of an abstract “humanity’s” triumph.
Their 1AC torture impact proves that morality comes before the rest of the aff- racism is specifically the motivating logic for such violence and the aff makes it worse Memmi 2k (Albert, Professor Emeritus of Sociology @ Unv. Of Paris; RACISM, translated by Steve Martinot, pp.163-)SEW The struggle against racism will be … it is a wager, but the stakes are irresistible.
Thus the alternative is to reject the linkage of rule of law with strategy
Absolute defense of democratic values regardless of strategic costs is the only frame that challenges the realist strategy of managing transitions and rights conditional upon military calcluations Hoover, 2k11 (Joe, Fellow in the International Relations Dept at the LSE, “Egypt and the Failure of Realism”, Journal of Critical Globalisation Studies, Issue 4) At its base the utopian impulse is a ….. is not realism, but moral incompetence.
Al Qaeda barely mentions Gitmo in their propaganda – tons of alt causes trigger their recruiting internal Byman 10 (Dan, Professor in the Security Studies Program of the School of Foreign Service at Georgetown, Senior Fellow, Foreign Policy, and Research Director, Saban Center for Middle East Policy at Brookings, “Dan Byman on Guantanamo as Recruitment Tool,” 12/28/10, http://www.lawfareblog.com/2010/12/dan-byman-on-guantanamo-as-recruitment-tool/)
Al-Qa’ida and associated movements … make things even more compelling.
No nukes – can’t make or steal a nuclear weapon Brooks 10 (Barry Brooks, Professor of Climate Change University of Adelaide, guest post by a Canadian chemist and materials scientist, “Analysis of the 2010 Nuclear Summit and the obsession with highly enriched uranium,” 5/15/10) http://bravenewclimate.com/2010/04/15/dv82xl/ First let’s make one thing … nearer to realizing this ambition,
Legitimacy is inevitable and isn’t key to cooperation anyway Wohlforth 9 — Daniel Webster Professor of Government, Dartmouth. BA in IR, MA in IR and MPhil and PhD in pol sci, Yale (William and Stephen Brooks, Reshaping the World Order, March / April 2009, Foreign Affairs Vol. 88, Iss. 2; pg. 49, 15 pgs) FOR ANALYSTS such as Zbigniew … reform of the international system.
States don’t have feelings – soft power doesn’t work Fan 7 (Ying, Senior Lecturer in Marketing at Brunel Business School, Brunel University in London, “Soft power: Power of attraction or confusion?”, November 14) The whole concept of soft … , and reject American culture’ ( Opelz, 2004 ).
Soft power is ineffective and depends entirely on hard power Liaropoulos 10 (Andrew, Senior Analyst in the Research Institute for European and American Studies; lecturer in University of Piraeus, Department of International and European studies; also teaches in the Joint Staff War College, the National Security College, the Air War College and the Naval Staff Command College; Masters in Intelligence and Strategic Studies and PhD, “Being Hard on Soft Power,” no date given but must be written in 2010 or 2011 because he cites references published in 2010, http://www.rieas.gr/research-areas/global-issues/transatlantic-studies/1519-being-hard-on-soft-power-.html) Soft power has been highly … easy task, even for a hegemon.
The first point is I'm less persuaded that international norms really have much of an effect when it comes to the use of force against the United States. My experience is that nation-states are generally either encouraged or deterred by their sort of cost-benefit calculation, and so I -- as other countries develop drones of their own, I think that they will make their own decisions on how they -- on how they use them, looking at the United States' experience but drawing on their own -- on their -- on their own interests and fears. I think that nonstate organizations, terrorist groups, extremist groups, are not deterrable, and they look at U.S. norms in order to find weaknesses in them, not to -- not to be led by them. And they -- if a terrorist group can get hold of drone technology, it will use it against us every way we can. So I'm not so much persuaded that norms can be set by the United States in this area.
Strengthening the court would cause political backlash – Medvedev would get rid of it. Alexei Trochev ‘5 Research Associate, Institute of Intergovernmental Relations, Queen's University (“The Zigzags of Judicial Power: The Constitutional Court in Russian Politics, 1990-2003,” Dissertion, PhD in Pol. Sci, Univ. of Toronto) By exploring the politics of … their reaction to judicial review.
deference The political question doctrine is well-entrenched constitutional law – it justifies judicial deference to the President on war powers and national security issues Fix and Randazzo 10 (Michael P. Fix, Kirk A. Randazzo, Professors of Political Science, “Judicial Deference and National Security: Applications of the Political Question and Act of State Doctrines”, Democracy and Security, 3/16/10, http://people.cas.sc.edu/randazzo/fix_randazzo_2010_dem_and_sec.pdf) The political question doctrine is … the President’s conduct of war.”
Deference key to heg – 5 reasons Knowles 9 – Acting Assistant Professor, New York University School of Law (Robert, Spring, “American Hegemony and the Foreign Affairs Constitution”, 41 Ariz. St. L.J. 87, Lexis Law)
Flexibility Because the world … individual liberties, even for citizens.
Deference causes nuclear first strikes and nuclear terrorism Green 97 – Associate at McNair Law Firm, JD Magna Cum Laude at Univ of South Carolina (Tracey Cotton, South Carolina Environmental Law Journal, 6 S.C Envtl. L.J. 137, Fall) The deployment of nuclear weapons, … federal law passed by Congress. 63 *145
Deference key to military cohesion and readiness—judicial interference kills it Wilkinson 96 – Chief Judge US Court of Appeals (Thomasson v. Perry, Fourth Circuit, Majority Opinion, 80 F.3d 915, 4/5, http://www.ncgala.org/cases/thomasson.htm, AD) Aside from the Constitution itself, … of military failure." Hirschhorn, supra.
Aff leads to disclosure of special ops intel – helps Al Qaeda and hurts US national security VFW 10 (The Veterans of Foreign Wars of the United States, Brief of The veterans of Foreign Wars of the United States As amicus curiae in support of defendants and dismissal, 09/30/10, http://www.lawfareblog.com/wp-content/uploads/2010/10/VFW_Brief_PACER.pdf) D. Special Operations Require … them, and would tend to reveal other information about military sources and methods which are essential to the success and survival of special operations personnel.
Special forces readiness is key … counter-prolif---solves nuclear war Jim Thomas 13, Vice President and Director of Studies at the Center for Strategic and Budgetary Assessments, and Chris Dougherty is a Research Fellow at the Center for Strategic and Budgetary Assessments, 2013, “BEYOND THE RAMPARTS THE FUTURE OF U.S. SPECIAL OPERATIONS FORCES,” http://www.csbaonline.org/wp-content/uploads/2013/05/SOF-Report-CSBA-Final.pdf WMD do not represent new … potential for the actual use
of nuclear weapons, will … campaigns should the need arise.
They can’t access their international impacts because foreign judiciaries model ineffectively and crudely Chodosh 03 (Hiram, Professor of Law, Director of the Frederick K. Cox International Law Center, Case Western Reserve University School of Law, 38 Tex. Int'l L.J. 587, lexis) Exposure to foreign systems is … of the system as a whole. 105
Foreign judiciaries will model crudely—dooms judicial reform Chodosh 03 (Hiram, Professor of Law, Director of the Frederick K. Cox International Law Center, Case Western Reserve University School of Law, 38 Tex. Int'l L.J. 587, lexis) Exposure to foreign systems is … of the system as a whole. 105
CMR is dumb Collins 2010 (5/30, Joseph J., retired Army colonel, strategist National War College, former deputy assistant secretary of defense for stability operations, Armed Forces Journal, "What civil-military crisis?", http://www.afji.com/2010/02/4419089)
Are we in or headed … situation that we find ourselves in.
Burnout still applies to bioweapons Sedon and Homes, 06 – Writer and PhD Professor of Biology at PennState (Michael and Edward, “Emerging viruses: Past, present, and future,” 11-6-06, http://www.rps.psu.edu/unplugged/fall06/holmes.html) Without the costly protease inhibitor … from person-to-person after infection."
Countermeasures and basic biology show how absurd this impact is Coates 09 – former adjunct professor at George Washington University, President of the Kanawha Institute for the Study of the Future and was President of the International Association for Impact Assessment and was President of the Association for Science, Technology and Innovation, M.S., Hon D., FWAAS, FAAAS, (Joseph F., Futures 41, 694-705, "Risks and threats to civilization, humankind, and the earth”, ScienceDirect) Could diseases in animals be … effects comprising a threat to stability.
2NC
And, turns the case – causes … diplomatically blacklisted – kills foreign policy Pincus 13 (Andrew, Counsel of Record, “BRIEF OF ECONOMIESUISSE, THE SWISS BANKERS ASSOCIATION, ICC SWITZERLAND, ASSOCIATION OF GERMAN BANKS, AND THE EUROPEAN BANKING FEDERATION AS AMICI CURIAE IN SUPPORT OF PETITIONER,” Mayer Brown, http://www.americanbar.org/content/dam/aba/publications/supreme_court_preview/briefs-v2/11-965_pet_amcu_econ-suisse_etal.authcheckdam.pdf) “Comity,” the Court has … of jurisdiction over an alien¶ 8 defendant” and “the Federal interest in Govern- ment’s foreign relations policies” “will be best served by a careful inquiry into the reasonableness of the assertion of jurisdiction in the particular case.” See also Asahi Metal Indus. Co. v. Super. Ct. of Cal., 480 U.S. 102, 115 (1987) (plurality). Indeed, foreign nations have lodged … uniquely expansive standard were upheld. As Judge O’Scannlain noted, “several countries have enacted ‘retaliatory jurisdictional laws.’” Bau- man v. DaimlerChrysler Corp., 676 F.3d 774, 779 (2011) (O’Scannlain, J., dissenting from denial of re- hearing en banc). As one example, “Italian courts will exercise jurisdiction over actions by Italian na- tionals against foreigners, provided that the foreign- er’s courts would entertain claims against Italians in like circumstances.” Gary B. Born, Reflections on Ju-¶ 9¶ dicial Jurisdiction in International Cases, 17 Ga. J. Int’l and Comp. L. 1, 15 (1987). Other countries, in- cluding Austria, Belgium, and Portugal, have also embraced such policies. Ibid. Particular sensitivity to other nations’ … do with the United States.
Roberts avoids controversy Schapiro 8-5 (Robert, "Objection! Americans' opinion of Supreme Court can't keep dropping," Christian Science Monitor, www.csmonitor.com/Commentary/Opinion/2013/0805/Objection!-Americans-opinion-of-Supreme-Court-can-t-keep-dropping/(page)/2) Chief Justice John Roberts clearly … approval fallen to historic lows?
No thumpers – … the Court artfully dodges controversy Schapiro 8-5 (Robert, "Objection! Americans' opinion of Supreme Court can't keep dropping," Christian Science Monitor, www.csmonitor.com/Commentary/Opinion/2013/0805/Objection!-Americans-opinion-of-Supreme-Court-can-t-keep-dropping/(page)/2) Ironically, the several attempts of … provide the margin of victory.¶
Will reject … jurisdiction, but its not a certainty Bobelian 13 (Michael, "Supreme Court Could Redraw The Reach Of America's Courts," Forbes, April 29, www.forbes.com/sites/michaelbobelian/2013/04/29/supreme-court-could-redraw-the-reach-of-americas-courts/) DaimlerChrysler AG v. Bauman, which the … courts over large-scale corporations.
There is a real danger of expanding jurisdiction Sharma and Bernie 13 (Nilam and Rachel, "International litigation: where is your risk?" Ince and Co, July 24, www.lexology.com/library/detail.aspx?g=d0b400e4-50fc-489e-9c39-b863afd16ae0) Although there have been exceptions, … might apply to foreign companies.
The court avoids making decisions if they fear backlash Fallon 5 (Richard, Richard H. Fallon, Jr., Professor of Constitutional Law, Harvard Law School, April “Legitimacy and the Constitution,” Lexis) Among other things, the public's … evolving attitudes of their society.
Court thinks in terms of limited political capital- seek to mimimize backlash Grosskopf and Mondak 98 (Anke, University … shape what answer we find
Political capital limited Young 99 (Ernest A., Assistant Professor at the University of Texas School of Law, "State SOvereign Immunity and the Future of Federalism" The Supreme Court Review, 1999, Lexis) The opportunity cost of immunity … willingness repeatedly to confront Congress.
Political capital is zero sum- can only rock the boat so much Johnathan Sullivan Ohio State Law … bring about real social change).
Link can only go one way ---- no one perceives positive Court decisions as building capital Grosskopf and Mondak 98 (Anke, Prof PoliSci – U Pitt and Jeff, Prof PoliSci – Florida Stat, Political Research Quarterly v. 51, n3, September, p. 636-7) Few of us cheer an … negativity effect (Mondak and Smithey 1997).
Status quo detention decisions are exceedingly narrow – plan causes executive and political backlash Devins 10 (Neal, Goodrich Professor of Law and Professor of Government, "Talk Loudly and Carry a Small Stick: The Supreme Court and Enemy Combatants," William and Mary Law School Scholarship Repository, scholarship.law.wm.edu/cgi/viewcontent.cgi?article=1024andcontext=facpubs) Throughout the course of its enemy combatant decision making,¶ the Court has moved incrementally. In so doing, the Court has expanded its authority vis-A-vis the President. Obama administration efforts to moot al-Marri and to relocate Uighur detainees (thereby¶ mooting that litigation) speak to the administration's desire to avoid¶ Supreme Court rulings that might limit the scope of presidential¶ power. Unlike the Bush administration (whose politically tone deaf¶ arguments paved the way for anti-administration rulings), 84 the Obama administration understands that the Court has become a player¶ in the enemy combatant issue.¶ What is striking here, is that the Court never took more than it¶ could get-it carved out space for itself without risking the nation's¶ security or political backlash. Its 2004 and 2006 rulings provided ample opportunity for the President to pursue his enemy combatant initiative. Its 2008 ruling in Boumediene, while clearly constraining the¶ political branches, reflected the views of the new Democratic majority¶ in Congress and (to a lesser extent) the views of presidential candidates Obama and McCain. 8 Its decision to steer clear of early Obt ama-era disputes likewise avoids the risks of a costly backlash while¶ creating incentives for the Obama administration to take judicial authority into account (by settling these cases outside of court).186 Put¶ another way, by taking prevailing social and political forces into account, the Court was able to flex its muscles without meaningfully¶ undermining the policy preferences of the President and Congress.
Collapses the economy – kills corporate seperateness, deters investment, causes retaliation Rutledge 13 (Peter, Counsel of Record, Professor at University of Georgia College of Law,"RIEF OF THE CHAMBER OF COMMERCE OF THE UNITED STATES OF AMERICA, THE NATIONAL FOREIGN TRADE COUNCIL, THE FEDERATION OF GERMAN INDUSTRIES, THE ASSOCIATION OF GERMAN CHAMBERS OF INDUSTRY AND COMMERCE, AND THE ORGANIZATION FOR INTERNATIONAL INVESTMENT AS AMICI CURIAE IN SUPPORT OF THE PETITIONER," www.americanbar.org/content/dam/aba/publications/supreme_court_preview/briefs-v2/11-965_pet_amcu_us-coc_etal.authcheckdam.pdf) Second, holding that corporations are amenable to general jurisdiction only in forums where they are “at home” has salutary effects on foreign commerce. Foreign direct investment plays a vital role in the health of the United States Economy. See U.S. Dep’t of Commerce, The U.S. Litigation Environment and Foreign Direct Investment: Supporting U.S. Competi- tiveness by Reducing Legal Costs and Uncertainty 2 (2008). Such investment “creates well-paid jobs, contributes to economic growth, boosts produc- tivity and supports American communities.” State- ment by President Barack Obama on the United States Commitment to Open Investment Policy (June 20, 2011).¶ Extraordinary assertions of jurisdiction can frus- trate this commerce-promotion objective. “Overseas firms . . . could be deterred from doing business here.” Stoneridge Inv. Partners, LLC v. Scientific-Atlanta, 552 U.S. 148, 164 (2008); cf. Japan Line, Ltd. v. Los Angeles County, 441 U.S. 434 (1979). While such concerns often are articulated in the context of prescriptive jurisdiction, the commerce-frustrating effects of the capacious approach to general adjudica- tory jurisdiction exemplified by Judge Reinhardt’s panel opinion are potentially far worse. Whereas prescriptive jurisdiction rules subject foreign com- panies to account for specific claims, general jurisdiction rules make them answerable in the forum’s courts for all claims regardless of where they occurred. This makes the foreign company a tempting target for plaintiffs, who may simply join the foreign company in litigation as a part of an effort to obtain settlement leverage. Even if a lower court¶ 19¶ eventually dismisses the foreign company from the case, such relief may come only after costly and burdensome jurisdictional discovery, as this case well illustrates, see Pet. App. 80a. Thus, as the United States Government has acknowledged, extraordinary assertions of general jurisdiction “may dissuade foreign companies from doing business in the United States thereby depriving United States consumers of the full benefits of foreign trade.” Brief for the United States as Amicus Curiae Supporting Petitioners in Goodyear Dunlop Tires Operations, S.A. v. Brown, No. 10-76 (“Goodyear Brief ”) at 12.¶ The threat to foreign-commerce promotion affects domestic companies too. As the judges dissenting from rehearing en banc correctly recognized, sweep- ing assertions of jurisdiction over foreign companies threaten U.S. companies with retaliatory assertions by foreign courts. Pet. App. 144a. Concern about retaliation against American companies has prompted this Court to proceed cautiously when permitting the exercise of prescriptive jurisdiction over foreign com- panies. See, e.g., Japan Line, 441 U.S. at 450; McCulloch v. Sociedad Nacional de Marineros de Honduras, 372 U.S. 10, 17 (1963). Those same concerns should animate the rules governing ad- judicatory jurisdiction. European officials recently revised the rules governing the adjudicatory jurisdic- tion of member-state courts and considered changes to the rules governing jurisdiction over companies, like those in the United States, not organized in member states. See Council Regulation 2012/1215, art. 6, 2012 O.J. (L351) 1, 7 (EU); Commission of the European Communities, Green Paper on the Review of Council Regulation (EC) 44/2001 on Jurisdiction and the Recognition and Enforcement of Judgments in Civil and Commercial Matters at 3-4 (Apr. 21,¶ 20¶ 2009). Foreign jurisdictional rules are far less likely to reflect a hostile approach toward U.S. companies if our own rules regarding adjudicatory jurisdiction over foreign companies are similarly measured.
Global economic crisis causes war---statistics and empirics Royal 10 – Jedediah Royal, Director of Cooperative Threat Reduction at the U.S. Department of Defense, 2010, “Economic Integration, Economic Signaling and the Problem of Economic Crises,” in Economics of War and Peace: Economic, Legal and Political Perspectives, ed. Goldsmith and Brauer, p. 213-215
Thus, the answer to the first question …. should be considered ancillary to those views.
Drones are being regulated and decreased now Corn 13 (David Corn, Washington bureau chief of Mother Jones magazine and an MSNBC commentator, Mother Jones, May 23, 2013, " Obama's Counterterrorism Speech: A Pivot Point on Drones and More?",http://www.motherjones.com/mojo/2013/05/obama-speech-drones-civil-liberties)
So Obama's speech Thursday on counterterrorism … That journey, though, may be a long one.
Camp Bucca, a detention facility … civil war after the 2003 U.S.-led invasion.
Best studies prove no theoretical justification for soft power Brooks and Wohlforth 8 (Stephen Brooks and William Wohlforth 8, IR @ Dartmouth, World Out of Balance, p. 158-170) According to the logic of institutionalist theory, …. the subset of contexts that is relevant to them.43
No extinction O’Neill 4 O’Neill 8/19/2004 Brendan, “Weapons of Minimum Destruction” http://www.spiked-online.com/Articles/0000000CA694.htm David C Rapoport, professor of political science at University of California, Los Angeles and editor of the Journal of Terrorism and Political Violence, has examined what he calls 'easily available evidence' relating to the historic use of chemical and biological weapons. He found something surprising - such weapons do not cause mass destruction. Indeed, whether used by states, terror groups or dispersed in industrial accidents, they tend to be far less destructive than conventional weapons. 'If we stopped speculating about things that might happen in the future and looked instead at what has happened in the past, we'd see that our fears about WMD are misplaced', he says. Yet such fears remain widespread. Post-9/11, American and British leaders have issued dire warnings about terrorists getting hold of WMD and causing mass murder and mayhem. President George W Bush has spoken of terrorists who, 'if they ever gained weapons of mass destruction', would 'kill hundreds of thousands, without hesitation and without mercy' (1). The British government has spent £28million on stockpiling millions of smallpox vaccines, even though there's no evidence that terrorists have got access to smallpox, which was eradicated as a natural disease in the 1970s and now exists only in two high-security labs in America and Russia (2). In 2002, British nurses became the first in the world to get training in how to deal with the victims of bioterrorism (3). The UK Home Office's 22-page pamphlet on how to survive a terror attack, published last month, included tips on what to do in the event of a 'chemical, biological or radiological attack' ('Move away from the immediate source of danger', it usefully advised). Spine-chilling books such as Plague Wars: A True Story of Biological Warfare, The New Face of Terrorism: Threats From Weapons of Mass Destruction and The Survival Guide: What to Do in a Biological, Chemical or Nuclear Emergency speculate over what kind of horrors WMD might wreak. TV docudramas, meanwhile, explore how Britain might cope with a smallpox assault and what would happen if London were 'dirty nuked' (4). The term 'weapons of mass destruction' refers to three types of weapons: nuclear, chemical and biological. A chemical weapon is any weapon that uses a manufactured chemical, such as sarin, mustard gas or hydrogen cyanide, to kill or injure. A biological weapon uses bacteria or viruses, such as smallpox or anthrax, to cause destruction - inducing sickness and disease as a means of undermining enemy forces or inflicting civilian casualties. We find such weapons repulsive, because of the horrible way in which the victims convulse and die - but they appear to be less 'destructive' than conventional weapons. 'We know that nukes are massively destructive, there is a lot of evidence for that', says Rapoport. But when it comes to chemical and biological weapons, 'the evidence suggests that we should call them "weapons of minimum destruction", not mass destruction', he says. Chemical weapons have most commonly been used by states, in military warfare. Rapoport explored various state uses of chemicals over the past hundred years: both sides used them in the First World War; Italy deployed chemicals against the Ethiopians in the 1930s; the Japanese used chemicals against the Chinese in the 1930s and again in the Second World War; Egypt and Libya used them in the Yemen and Chad in the postwar period; most recently, Saddam Hussein's Iraq used chemical weapons, first in the war against Iran (1980-1988) and then against its own Kurdish population at the tail-end of the Iran-Iraq war. In each instance, says Rapoport, chemical weapons were used more in desperation than from a position of strength or a desire to cause mass destruction. 'The evidence is that states rarely use them even when they have them', he has written. 'Only when a military stalemate has developed, which belligerents who have become desperate want to break, are they used.' (5) As to whether such use of chemicals was effective, Rapoport says that at best it blunted an offensive - but this very rarely, if ever, translated into a decisive strategic shift in the war, because the original stalemate continued after the chemical weapons had been deployed. He points to the example of Iraq. The Baathists used chemicals against Iran when that nasty trench-fought war had reached yet another stalemate. As Efraim Karsh argues in his paper 'The Iran-Iraq War: A Military Analysis': 'Iraq employed chemical weapons only in vital segments of the front and only when it saw no other way to check Iranian offensives. Chemical weapons had a negligible impact on the war, limited to tactical rather than strategic effects.' (6) According to Rapoport, this 'negligible' impact of chemical weapons on the direction of a war is reflected in the disparity between the numbers of casualties caused by chemicals and the numbers caused by conventional weapons. It is estimated that the use of gas in the Iran-Iraq war killed 5,000 - but the Iranian side suffered around 600,000 dead in total, meaning that gas killed less than one per cent. The deadliest use of gas occurred in the First World War but, as Rapoport points out, it still only accounted for five per cent of casualties. Studying the amount of gas used by both sides from1914-1918 relative to the number of fatalities gas caused, Rapoport has written: 'It took a ton of gas in that war to achieve a single enemy fatality. Wind and sun regularly dissipated the lethality of the gases. Furthermore, those gassed were 10 to 12 times as likely to recover than those casualties produced by traditional weapons.' (7) Indeed, Rapoport discovered that some earlier documenters of the First World War had a vastly different assessment of chemical weapons than we have today - they considered the use of such weapons to be preferable to bombs and guns, because chemicals caused fewer fatalities. One wrote: 'Instead of being the most horrible form of warfare, it is the most humane, because it disables far more than it kills, ie, it has a low fatality ratio.' (8) 'Imagine that', says Rapoport, 'WMD being referred to as more humane'. He says that the contrast between such assessments and today's fears shows that actually looking at the evidence has benefits, allowing 'you to see things more rationally'. According to Rapoport, even Saddam's use of gas against the Kurds of Halabja in 1988 - the most recent use by a state of chemical weapons and the most commonly cited as evidence of the dangers of 'rogue states' getting their hands on WMD - does not show that unconventional weapons are more destructive than conventional ones. Of course the attack on Halabja was horrific, but he points out that the circumstances surrounding the assault remain unclear. 'The estimates of how many were killed vary greatly', he tells me. 'Some say 400, others say 5,000, others say more than 5,000. The fighter planes that attacked the civilians used conventional as well as unconventional weapons; I have seen no study which explores how many were killed by chemicals and how many were killed by firepower. We all find these attacks repulsive, but the death toll may actually have been greater if conventional bombs only were used. We know that conventional weapons can be more destructive.' Rapoport says that terrorist use of chemical and biological weapons is similar to state use - in that it is rare and, in terms of causing mass destruction, not very effective. He cites the work of journalist and author John Parachini, who says that over the past 25 years only four significant attempts by terrorists to use WMD have been recorded. The most effective WMD-attack by a non-state group, from a military perspective, was carried out by the Tamil Tigers of Sri Lanka in 1990. They used chlorine gas against Sri Lankan soldiers guarding a fort, injuring over 60 soldiers but killing none. The Tamil Tigers' use of chemicals angered their support base, when some of the chlorine drifted back into Tamil territory - confirming Rapoport's view that one problem with using unpredictable and unwieldy chemical and biological weapons over conventional weapons is that the cost can be as great 'to the attacker as to the attacked'. The Tigers have not used WMD since.
Gave up bioweapons Palmquist 2008 (Matt, “How and why the threat of bioterrorism has been so greatly exaggerated.” 5-19-08. http://www.miller-mccune.com/politics/bioterror-in-context-355) Clark: The more I looked into it, I thought, "Jeez, what are these guys talking about?" What are the odds that a terrorist group, no matter how well financed, would be able to create a bioterror weapon? I began looking into what it takes to really make a successful bioterrorism agent, and I just became very skeptical of this whole thing. The (United States ) military gave up bioweapons 30 years ago. They're too undependable; they're too hard to use; they're too hard to make. Then I started checking around, and I found there's a whole literature out there of people who've been screaming for years that this whole bioterrorism thing is really overblown; it's not practical; it's never going to work. Aum Shinrikyo couldn't get it to work; those guys put millions and millions of dollars into it. So you think of a bunch of guys sitting in a cave in Afghanistan – they're sure as hell not going to do it. Is any government going to do it? No. So that made me very skeptical, and I went back to Oxford and said, "This whole thing's a crock." And they said, "But that's even more interesting!" M-M: Thus the question mark at the end of the title, Bracing for Armageddon? Clark: Yeah, exactly. Scientifically, it is a crock. And this really verges into the political, but we've spent $50 billion on it. So Oxford paid for me to take a trip back East and talk to a bunch of these voices that haven't been heard and interview them. M-M: How much research was involved? Clark: A couple of years. The science is pretty straightforward on paper. The kind of an organization you'd have to put together, with the varying expertise that is required to make one of these things and deploy it, takes a whole group of people with all kinds of different skills, from engineers to meteorologists. That's just not going to happen. You can run an airplane into an office tower, and you get instant everything you could ever possibly hope for. So why would anybody sit around for years and years? The Aum Shinrikyo guys tried for six, seven years and couldn't get it to work. And a lot of them had Ph.D.s.
1NR
National security deference issues will be in the political spotlight – guarantees a link Chesney 9 (Robert M., Professor, University of Texas School of Law, October, “NATIONAL SECURITY FACT DEFERENCE”, 95 Va. L. Rev. 1361, Lexis Law) Judicial involvement in national security … concerns will play some role.
Best statistical studies prove heg solves war – violence is declining and heg maintains free trade, deterrence, democracy and other proximate checks Owen 11 – John M. Owen Professor of Politics at University of Virginia PhD from Harvard "DON’T DISCOUNT HEGEMONY" Feb 11 www.cato-unbound.org/2011/02/11/john-owen/dont-discount-hegemony/
Andrew Mack and his colleagues … will not fight one another. Their colossal atomic arsenals neither kept the United States at peace with North Vietnam during the Cold War nor the Soviet Union at peace with Afghanistan. But the argument remains strong that those arsenals did help keep the United States and Soviet Union at peace with each other. Why non-nuclear states are not deterred from fighting nuclear states is an important and open question. But in a time when calls to ban the Bomb are being heard from more and more quarters, we must be clear about precisely what the broad trends toward peace can and cannot tell us. They may tell us nothing about why we have had no World War III, and little about the wisdom of banning the Bomb now. Regarding the downward trend in … , including to end civil wars. We would still need to explain how this charmed circle of causes got started, however. And here let me raise another factor, perhaps even less appealing than the “nuclear peace” thesis, at least outside of the United States. That factor is what international relations scholars call hegemony—specifically American hegemony. A theory that many regard … for liberal democracy remains strong.
Public attitude and corruption are alt causes—also proves any offense against judicial independence turns the impact Carothers 1998 – vice president for studies at the Carnegie Endowment for International Peace, founder and director of the Democracy and Rule of Law Program (Thomas, Carnegie Endowment, “Rule of law revival’, originally published in Foreign Affairs Vol. 77 No. 2, “Rule of Law Revival”, http://www.carnegieendowment.org/publications/index.cfm?fa=viewandid=165, WEA)
The primary obstacles to such … and little leverage in return.
Military power key determinant of heg Beckley 11 (research fellow in the International Security Program at Harvard Kennedy School’s Belfer Center for Science and International Affairs. He will become an assistant professor of political science at Tufts University in the fall of 2012, “China’s Century?” Winter 2011) http://belfercenter.ksg.harvard.edu/files/Chinas_Century.pdf Military power is generally considered … utility, ºexibility, responsiveness and credibility.”
US isn’t invincible Horowitz and Shalmon 09 - Professor of Political Science @ University of Pennsylvania and Senior Analyst @ Lincoln Group, LLC. Michael C. Horowitz and Dan A. Shalmon, “The Future of War and American Military Strategy,” Orbis, Spring 2009 Unfortunately, in the medium-… the United States currently faces.
Multiple challenges to hegemony require an effective response Flournoy and Davidson 12 (MICHÈLE FLOURNOY is Co-Founder of the Center for a New American Security and former U.S. Undersecretary of Defense for Policy, JANINE DAVIDSON is a Professor at George Mason University and former U.S. Deputy Assistant Secretary of Defense for Plans, “Obama's New Global Posture,” Foreign Policy Jul/Aug 2012) Nevertheless, fundamental changes in the … future through partnership and engagement.
Soft power fails without credible hard power Stahl, 05 (Noah, University Wire, Iowa State Daily, “'Soft power' of diplomacy only effective with force”, 4/19, factiva)
Teddy Roosevelt made the best … that make the United States
Judicial involvement is incompatible with military decisionmaking VFW 10 (The Veterans of Foreign Wars of the United States, Brief of The veterans of Foreign Wars of the United States As amicus curiae in support of defendants and dismissal, 09/30/10, http://www.lawfareblog.com/wp-content/uploads/2010/10/VFW_Brief_PACER.pdf) C. Military Leadership And Decisionmaking Would Suffer War is the province of chance. “If we now consider briefly the subjective nature of war—the means by which war has to be fought—it will look more than ever like a gamble . . . in the whole range of human activities, war most closely resembles a game of cards.” Clausewitz, 86-87. Within this field of human endeavor, the most successful armies are those led by decisive commanders who visualize the operational environment and make rapid, sound decisions. Combat leadership involves the motivation of others to risk their lives, and only the most decisive and confident leaders can inspire this kind of self-sacrifice. Leadership is the multiplying and unifying element of combat power. Confident, competent, and informed leadership intensifies the effectiveness of all other elements of combat power by formulating sound operational ideas and assuring discipline and motivation in the force . . . Leadership in today’s operational environment is often the difference between success and failure. Dept. of the Army, Field Manual 3-0, Operations, at ¶¶ 4-6 - 4-8 (2008), available at http://www.army.mil/fm3-0/fm3-0.pdf. Battle command is a subset of combat leadership—it is how wartime leaders operationalize their intent and transmit their guidance to subordinate units. Battle command is the art and science of understanding, visualizing, describing, directing, leading, and assessing forces to impose the commander’s will on a hostile, thinking, and adaptive enemy. Battle command applies leadership to translate decisions into actions—by synchronizing forces and warfighting functions in time, space, and purpose—to accomplish missions. Battle command is guided by professional judgment gained from experience, knowledge, education, intelligence, and intuition. It is driven by commanders. Id. at ¶ 5-9. Battlefield decisionmaking involves the visualization of the battlefield and all its components, the deliberate assessment of operational risk, and the selection of a course of action which accepts certain risks in order to achieve tactical, operational or strategic success. Id. at ¶ 5-10; see also Gen. Frederick M. Franks, Jr., Battle Command: A Commander’s Perspective, Military Review, May-June 1996, at 120-121. “Given the inherently uncertain nature of war, the object of planning is not to eliminate or minimize uncertainty but to foster decisive and effective action in the midst of such uncertainty.” Army Field Manual 3-07, Stability Operations, at ¶ 4-4 (2008), available at http://usacac.army.mil/cac2/repository/FM307/FM307.pdf. In bringing this case, Plaintiff asks this Court to substitute itself as the battlefield commander, and to second-guess the strategic, operational and tactical decisions made by this nation’s military chain of command in the campaign against Al Qaeda. Judicial decisionmaking is incompatible with military decisionmaking. Rather than produce rapid, confident, decisive actions, judicial resolution of this matter would produce deliberate and measured decisions which are the product of adversarial process, and which would reflect judicial considerations, not strategic or tactical ones. Also, judicial involvement may induce risk aversion among commanders, who would worry about how their actions might be judged in courtrooms far removed from the battlefield, and thus hedge their battlefield decisions in order to protect themselves and their units from future judicial scrutiny. This is particularly true of Plaintiff’s prayer for relief, which calls upon the Court to enjoin the Government from using lethal force “except in circumstances in which they present concrete, specific, and imminent threats to life or physical safety, and there are no means other than lethal force that could reasonably be employed to neutralize the threats.” Such decisions about the use of force can often be made by soldiers in a split-second, on the basis of intuition and training. The specter of judicial involvement will affect the way soldiers and leaders approach these decisions, potentially complicating and slowing their decisions by injecting judicial considerations which have no place on the battlefield.
Unit cohesion – that’s key. Also risk aversion. VFW 10 (The Veterans of Foreign Wars of the United States, Brief of The veterans of Foreign Wars of the United States As amicus curiae in support of defendants and dismissal, 09/30/10, http://www.lawfareblog.com/wp-content/uploads/2010/10/VFW_Brief_PACER.pdf) As a member organization comprised of … their mission and their safety.
Risk aversion key – kills perceptions of resolve Gerson 09 - Research analyst @ Center for Naval Analyses, a federally funded research center, where he focuses on deterrence, nuclear strategy, counterproliferation, and arms control MICHAEL S. GERSON (M.A. in International Relations from the University of Chicago), “Conventional Deterrence in the Second Nuclear Age,” Parameters, Autumn 2009 The importance of the credibility … and bloody war of attrition.
More evidence—deference key to readiness. Ray and Turner 3 - Counselors at Law for the Coalition of American Veterans (Ronald D and Edna J, United States Court of Appeals Fourth Circuit, Mellen and Knick v. Bunting, http://firstprinciplespress.org/digital/MELLENBRIEF.PDF, AD) However, assuming arguendo that the … Congress, U.S. Const., Art. I § 8, and Art. II, § 2, Cl. 1.6
Specifically true of naval readiness McCarty 10- Recipient of the Jones Day Award for Best Researched and Summated Article (Richard T., “Note: Winter V. Nrdc: the Navy, Submarines, Active Sonar, and Whales - an Analysis of the Ninth Circuit Review and the Roberts Court Extension of the Military Deference Doctrine,” 47 Hous. L. Rev. 489, Spring 10, Lexis) a. Failure to Defer to … on which that burden falls.
Naval dominance is key to prevent the rise of global challengers Stratfor 8 - the world’s leading private intelligence service. (“U.S.: Naval Dominance and the Importance of Oceans,” http://www.stratfor.com/analysis/u_s_naval_dominance_and_importance_oceans) Our statement that control of … a secure and enviable geopolitical position.
Create the perception of weakness – we can’t make threats Waxman 8/25/13 Matthew Waxman, Professor of … prevent a confrontation which might escalate.179
That also collapses heg – turns case Bolton 9 (John R. Senior fellow at … simply embodies weakness and indecision.
Executive flexibility and ability to … to solve multiple nuclear threats Li 9 Zheyao, J.D. candidate, Georgetown University Law Center, 2009; B.A., political science and history, Yale University, 2006. This paper is the culmination of work begun in the "Constitutional Interpretation in the Legislative and Executive Branches" seminar, led by Judge Brett Kavanaugh, “War Powers for the Fourth Generation: Constitutional Interpretation in the Age of Asymmetric Warfare,” 7 Geo. J.L. and Pub. Pol'y 373 2009 WAR POWERS IN THE FOURTH GENERATION OF WARFARE A. The Emergence of Non-State Actors Even as the quantity of … -generational conflicts against fourthgenerational opponents.
D. The Dangers of judicial Intervention Faced with the prospect that congressional participation can sometimes play a salutary role in avoiding unnecessary wars, an antecedent question naturally arises. Should the courts decide if such a congressional role would be appropriate? Indeed, a recurring theme running through much of the Congress-first literature is that judicial intervention is necessary to vindicate the congressional role in initiating conflicts. But if one accepts the signaling model developed here, there are significant reasons why one ought to be wary of a judicial role in resolving war powers controversies. First, under our model of international crisis bargaining, judicial review would likely undermine the value of signals sent by the President when he seeks legislative authorization to go to war. In other words, it is the fact that the signal is both costly and discretionary that often makes it valuable. Once one understands that regime characteristics can influence the informational value of signaling, it makes sense that the President should have the maximum flexibility to choose less costly signals when dealing with rogue states or terrorist organizations. The alternative- a judicial rule that mandates costly signals in all circumstances, even when such signals have little or no informational value to the foreign adversary-would dilute the overall value of such signals. Second, judicial review would preclude the possibility of beneficial bargaining between the President and Congress by forcing warmaking into a procedural straitjacket. In this picture, judicial review would constrain the political branches to adopt only the tying hands type of signal regardless of the nature or stage of an international crisis. But the supposed restraining effect attributed to the tying hands signal can vary considerably depending on whether the democracy is deciding to initiate an international crisis or is already in the midst of an escalating crisis. Requiring legislative authorization may make it less likely that the democracy will be willing to back out of a conflict once it starts. Thus, tying hand signals and judicial insistence that the President seek legislative authorization will contribute to greater international instability once a conflict has already started.
Not about leaks its about SPECIFIC SUITS on information VFW 10 (The Veterans of Foreign Wars of the United States, Brief of The veterans of Foreign Wars of the United States As amicus curiae in support of defendants and dismissal, 09/30/10, http://www.lawfareblog.com/wp-content/uploads/2010/10/VFW_Brief_PACER.pdf) D. Special Operations Require Protection … operations forces—Army Rangers and Special Forces, Navy SEALs, Air Force parajumpers and combat controllers, and Marine Corps Force Reconnaissance personnel, among others. These elite warriors conduct highly dangerous missions today in Iraq, Afghanistan, and other countries around the world. By definition, special operations “are operations conducted in hostile, denied, or politically sensitive environments to achieve military, diplomatic, informational, and/or economic objectives employing military capabilities for which there is no broad conventional force requirement. These operations often require covert, clandestine, or low-visibility capabilities.” U.S. Joint Chiefs of Staff, Joint Pub. 3-05, Doctrine for Joint Special Operations, at I-1 (2003), available at http://www.dtic.mil/doctrine/new_pubs/jp3_05.pdf. Special operations are differentiated from conventional operations in many ways, but foremost among these are their “degree of physical and political risk, operational techniques, mode of employment, independence from friendly support, and dependence on detailed operational intelligence and indigenous assets.” Id. “Surprise is often the most important principle in the conduct of successful special operations and the survivability of employed special operations forces,” and the very nature of special operations requires “high levels of security . . . to protect the clandestine/covert nature of missions.” Id. at I-6. More than mission accomplishment is at stake—“given their operating size, special operations teams are more vulnerable to potential hostile reaction to their presence than larger conventional units,” and therefore the protection of sources and methods is essential for the survival of special operations forces. Id. To preserve this element of surprise, special operations forces must broadly conceal their tactics, techniques and procedures, including information about unit locations and movements, targeting decisions, and operational plans for future missions. Disclosure of this information would allow this nation’s adversaries to defend themselves more effectively, potentially inflicting more casualties upon U.S. special operations forces. Such disclosure would also provide information about how the U.S. military gathers information about its adversaries, enabling terrorist groups like Al Qaeda to alter its communications and activities in order to evade future detection and action by the U.S. Government. Such harm would not be limited to just this instance or terrorist group group; these disclosures would also provide future terrorist adversaries and military adversaries with insight into U.S. special operations capabilities which would enable them to counter such capabilities in future conflicts. Cf. Public Declaration of Robert M. Gates, Secretary of Defense, Govt. Exhibit 4, September 23, 2010, at ¶¶ 6-7. In this matter, the Plaintiff asks the Court to pull back the veil on the U.S. special operations community, exposing special operations sources and methods to the public, including this nation’s enemies. This would do tremendous harm to current special operations personnel, including VFW members, who are operating abroad in Iraq, Afghanistan, and elsewhere, and who depend on stealth, security and surprise for their survival and mission accomplishment. Further, in his prayer for relief, Plaintiff asks the Court to order the disclosure of “the criteria that are used in determining whether the government will carry out the targeted killing of a U.S. citizen.” As Secretary Gates states in his public declaration filed by the Government, without confirming or denying any allegation made by Plaintiff, this type of information “constitutes highly sensitive and classified military information that cannot be disclosed without causing serious harm to the national security of the United States.” Id. at ¶ 5. These criteria necessarily reflect the sources, methods and analytic processes used to produce them, and would tend to reveal other information about military sources and methods which are essential to the success and survival of special operations personnel.
Special forces are key to … nuclear strikes which cause extinction Jim Thomas 13, Vice President and Director of Studies at the Center for Strategic and Budgetary Assessments, and Chris Dougherty is a Research Fellow at the Center for Strategic and Budgetary Assessments, 2013, “BEYOND THE RAMPARTS THE FUTURE OF U.S. SPECIAL OPERATIONS FORCES,” http://www.csbaonline.org/wp-content/uploads/2013/05/SOF-Report-CSBA-Final.pdf Finally, if the United States … when confronting WMD-armed adversaries.
Prolif snowballs – empirics prove Kroenig 12 (Matthew Kroenig, Assistant Professor of Government, Georgetown University and Stanton Nuclear Security Fellow, Council on Foreign Relations, June 4, 2012, “The history of proliferation optimism: does it have a future?” http://npolicy.org/article_file/The_History_of_Proliferation_Optimism.pdf)
Further proliferation. Nuclear proliferation poses … a strategically important and volatile region.
Failure of counterinsurgency is a misnomer Wohlforth, 07 – Olin Fellow in International Security Studies at Yale (William, “Unipolar Stability”, Harvard International Review, Spring, http://hir.harvard.edu/articles/1611/)
To begin with, the challenge of converting power-as-resources into power-as-influence is not a uniquely US problem. All great powers confront these challenges. If the cause of the new gloominess concerning US power had to be reduced to one word, it would be “Iraq.” In 2003, fresh from apparent military victories in Afghanistan and Iraq, the United States appeared to be a colossus. Yet in 2007, its inability to suppress the Iraqi counterinsurgency and civil war seems to have revealed feet of clay. All the hard data on US military superiority—its over one-half of global defense spending, some 70 percent of global military RandD, and dominance in information-intensive warfare—now appear in a new light. The world’s most vaunted military machine is not even able to tame disorganized Sunni and Shi’a militias in Mesopotamia. But the example of Iraq … unipolarity is about to end.
10/17/13
NDT Patent Reform 1NC
Tournament: Ndt | Round: 2 | Opponent: Wayne State Justice-Slaw | Judge: Arnett, Kallmyer, Wunderlich
2
Patent reform will pass- its top of the docket and PC is key Hattern, 3-5 – The Hill Correspondent ~Julian, "Congress gets out club for patent ’trolls’," The Hill, 3-5-14, thehill.com/blogs/hillicon-valley/technology/199954-lawmakers-look-to-push-patent-troll-bill, 13-14~ Proponents of a bill to prevent patent "trolls" from harassing businesses are increasingly AND on board, according to Rep. Jared Polis (D-Colo.).
Aff derails the agenda Kriner 10 Douglas L. Kriner (assistant professor of political science at Boston University) "After the Rubicon: Congress, Presidents, and the Politics of Waging War", University of Chicago Press, Dec 1, 2010, page 68-69. While congressional support leaves the president’s reserve of political capital intact, congressional criticism saps AND to its costs than if Congress stood behind him in the international arena.
Key to innovation and American economic security Goodlatte, 3-12 — House Judiciary Committee chair, Rep ~Robert (R-VA), "Bipartisan Road Map for Protecting and Encouraging American Innovation," Roll Call 3-12-14, www.rollcall.com/news/bipartisan_road_map_for_protecting_and_encouraging_american_innovation-231413-1.html?pg=2, accessed 3-12-14~ Throughout our nation’s history, great ideas have powered our economic prosperity and security, AND patent litigation and keeping U.S. patent laws up to date.
Ensures conflict suppression- no alt causes Hubbard ’10 (Hegemonic Stability Theory: An Empirical Analysis By: Jesse Hubbard Jesse Hubbard Program Assistant at Open Society Foundations Washington, District Of Columbia International Affairs Previous National Democratic Institute (NDI), National Defense University, Office of Congressman Jim Himes Education PPE at University of Oxford, 2010 Regression analysis of this data shows that Pearson’s r-value is -.836. AND fearsome, but it is vulnerable to even a short blast of wind.
Litigation tanks clean tech industry Stanford ’12 (Matt,- Tech Writer and Marketing Coordinator for technology website Experts Exchange. He writes breaking news and analysis pieces for EE Tech News and contributes to the Experts Exchange company blog. Matt is also the author of monthly column Technocracy Now, in which he analyzes the intersection between public policy and modern technology "Eco Thugs: How Patent Trolls Threaten To Undermine A Sustainable Energy Future") Though in the past I’ve written at length about the morally shaky ground upon which AND weaponization of what was meant to help break new ground and stimulate progress.
Extinction Flournoy 11 – (Dec. 2011, citing Feng Hsu, PhD in Engingeering AND January, Springer Briefs in Space Development, p. 10-1) In the Online Journal of Space Communication , Dr. Feng Hsu, a NASA AND too high for us to take any chances" (Hsu 2010 ) .
3/28/14
NDT Ukraine DA 1NC Round 2
Tournament: Ndt | Round: 2 | Opponent: Wayne State Justice-Slaw | Judge: Arnett, Kallmyer, Wunderlich
Legitimate critiques notwithstanding, it is long past time to stop carping over the Obama AND Russia has been naïve can take place once this crisis has been resolved.
Extinction Baum 3/7/14 http://www.huffingtonpost.com/seth-baum/best-and-worst-case-scena_b_4915315.html-http://www.huffingtonpost.com/seth-baum/best-and-worst-case-scena_b_4915315.html Seth Baum is Executive Director of the think tank Global Catastrophic Risk Institute. He recently completed a Ph.D. in Geography at Pennsylvania State University and a Post-Doctoral Fellowship with the Columbia University Center for Research on Environmental Decisions. Based in New York City, Baum’s research covers a variety of topics including ethics, economics, climate change, nuclear war, and life in the universe. No one yet knows how the Ukraine crisis will play out. Indeed, the AND last year, when the United States was considering military intervention in Syria.
Restrictions are prohibitions on action Jean Schiedler-Brown 12,Attorney, Jean Schiedler-Brown 26 Associates, Appellant Brief of Randall Kinchloe v. States Dept of Health, Washington, The Court of Appeals of the State of Washington, Division 1, http://www.courts.wa.gov/content/Briefs/A01/68642920Appellant20Randall20Kincheloe27s.pdf 3. The ordinary definition of the term "restrictions" also does not include the reporting and monitoring or supervising terms and conditions that are included in the 2001 Stipulation. Black’s Law Dictionary, ’fifth edition,(1979) defines "restriction" as; A limitation often imposed in a deed or lease respecting the use to which the AND or by interposing obstacle, to repress or suppress, to curb. In contrast, the terms "supervise" and "supervisor" are defined as AND merely routine or clerical nature, but required the use of independent judgment. Comparing the above definitions, it is clear that the definition of "restriction" is very different from the definition of "supervision"-very few of the same words are used to explain or define the different terms. In his 2001 stipulation, Mr. Kincheloe essentially agreed to some supervision conditions, but he did not agree to restrict his license.
Restrictions on authority are distinct from conditions William Conner 78,former federal judge for the United States District Court for the Southern District of New York United States District Court, S. D. New York, CORPORACION VENEZOLANA de FOMENTO v. VINTERO SALES, http://www.leagle.com/decision/19781560452FSupp1108_11379 Plaintiff next contends that Merban was charged with notice of the restrictions on the authority AND were not authorized to act except upon the fulfillment of the specified conditions.
Restrictions on authority have to limit the President’s discretion to wage war Jules Lobel 8, Professor of Law at the University of Pittsburgh Law School, President of the Center for Constitutional Rights, represented members of Congress challenging assertions of Executive power to unilaterally initiate warfare, "Conflicts Between the Commander in Chief and Congress: Concurrent Power over the Conduct of War," Ohio State Law Journal, Vol 69, p 391, 2008, http://moritzlaw.osu.edu/students/groups/oslj/files/2012/04/69.3.lobel_.pdf So too, the congressional power to declare or authorize war has been long held AND decisively ejected from Kuwait, a limitation recognized by President Bush himself.64
t
a. Interpretation and violation—-the affirmative should defend the desirability of topical action
Most predictable—the agent and verb indicate a debate about hypothetical government action Jon M Ericson 3, Dean Emeritus of the College of Liberal Arts – California Polytechnic U., et al., The Debater’s Guide, Third Edition, p. 4 The Proposition of Policy: Urging Future Action In policy propositions, each topic contains AND compelling reasons for an audience to perform the future action that you propose.
"Resolved" is legislative Jeff Parcher 1, former debate coach at Georgetown, Feb 2001 http://www.ndtceda.com/archives/200102/0790.html Pardon me if I turn to a source besides Bill. American Heritage Dictionary: AND or ’no’ - which, of course, are answers to a question.
A general subject isn’t enough—debate requires a specific point of difference in order to promote effective exchange Steinberg and Freeley 13, * David, Lecturer in Communication studies and rhetoric. Advisor to Miami Urban Debate League. Director of Debate at U Miami, Former President of CEDA. And Austin, attorney who focuses on criminal, personal injury and civil rights law, JD, Suffolk University, Argumentation and Debate, Critical Thinking for Reasoned Decision Making, 121-4 Debate is a means of settling differences, so there must be a controversy, AND particular point of difference, which will be outlined in the following discussion.
cp
The United States federal judiciary should restrict the war powers authority of the President of the United States by requiring disclosure of their relationship to disability prior to entering forces into hostility.
CP is key to solve Robert Bejesky 12, M.A. Political Science (Michigan), M. AND Law Journal, 44 St. Mary’s L. J. 1, Lexis E. Jurisprudential Guidance¶ In Marbury v. Madison, n386 the Supreme Court AND the President’s legal counsel is now given broad discretion in interpreting such powers.
cp
The executive branch of the United States should discl0se the president’s relationship to disability prior to entering forces into hostility.
Legitimate critiques notwithstanding, it is long past time to stop carping over the Obama AND Russia has been naïve can take place once this crisis has been resolved.
Extinction Baum 3/7/14 http://www.huffingtonpost.com/seth-baum/best-and-worst-case-scena_b_4915315.html-http://www.huffingtonpost.com/seth-baum/best-and-worst-case-scena_b_4915315.html Seth Baum is Executive Director of the think tank Global Catastrophic Risk Institute. He recently completed a Ph.D. in Geography at Pennsylvania State University and a Post-Doctoral Fellowship with the Columbia University Center for Research on Environmental Decisions. Based in New York City, Baum’s research covers a variety of topics including ethics, economics, climate change, nuclear war, and life in the universe. No one yet knows how the Ukraine crisis will play out. Indeed, the AND last year, when the United States was considering military intervention in Syria.
3
Patent reform will pass- its top of the docket and PC is key Hattern, 3-5 – The Hill Correspondent ~Julian, "Congress gets out club for patent ’trolls’," The Hill, 3-5-14, thehill.com/blogs/hillicon-valley/technology/199954-lawmakers-look-to-push-patent-troll-bill, 13-14~ Proponents of a bill to prevent patent "trolls" from harassing businesses are increasingly AND on board, according to Rep. Jared Polis (D-Colo.).
Plan is a loss that kills the rest of his agenda Douglas Kriner, Assistant Profess of Political Science at Boston University, 2010, After the Rubicon: Congress, Presidents, and the Politics of Waging War, p. 67-69 Raising or Lowering Political Costs by Affecting Presidential Political Capital Shaping both real and anticipated public opinion are two important ways in which Congress can AND were more important to the president than achieving unconditional victory over North Korea." While congressional support leaves the president’s reserve of political capital intact, congressional criticism saps AND that had suffered the highest casualty rates in the Iraq War.6° In addition to boding ill for the president’s perceived political capital and reputation, such AND a rear-guard action against congressional critics of the war in Iraq. When making their cost-benefit calculations, presidents surely consider these wider political costs of congressional opposition to their military policies. If congressional opposition in the military arena stands to derail other elements of his agenda, all else being equal, the president will be more likely to judge the benefits of military action insufficient to its costs than if Congress stood behind him in the international arena.
Key to innovation and American economic security Goodlatte, 3-12 — House Judiciary Committee chair, Rep ~Robert (R-VA), "Bipartisan Road Map for Protecting and Encouraging American Innovation," Roll Call 3-12-14, www.rollcall.com/news/bipartisan_road_map_for_protecting_and_encouraging_american_innovation-231413-1.html?pg=2, accessed 3-12-14~
Throughout our nation’s history, great ideas have powered our economic prosperity and security, AND patent litigation and keeping U.S. patent laws up to date.
Ensures conflict suppression- no alt causes Hubbard ’10 (Hegemonic Stability Theory: An Empirical Analysis By: Jesse Hubbard Jesse Hubbard Program Assistant at Open Society Foundations Washington, District Of Columbia International Affairs Previous National Democratic Institute (NDI), National Defense University, Office of Congressman Jim Himes Education PPE at University of Oxford, 2010 Regression analysis of this data shows that Pearson’s r-value is -.836. AND fearsome, but it is vulnerable to even a short blast of wind.
There are differences between conditions and restrictions. Restrictions limit the use that may AND college’s control whether the requisite number of students enrol and complete the course.
cp
Court ruling solves the aff better and there are independent solvency disadvantages to doing the aff and the counterplan at the same time Ziegler 10 (Mary Ziegler is an Assistant Professor of Law at St. Louis UniversityFraming Change: Cause Lawyering, Constitutional Decisions, and Social Change, 94 Marq. L. Rev. 263, 289 (2010)) In studying the history of the same-sex marriage and abortion struggles, we AND the justness of a movement’s cause and when that cause is labeled differently.
25th is the determination about whether or not president competent, not that congress must be the one to require presidential disclosure to allow ultimately congressional determination on the 25th, aff isn’t authority under 25th, its something to make the 25th easier to implement
"Temporarily able-bodied" is a bad phrase—it displays fear of death and conflates old age with disability EDISON AND NOTKIN 2010 (Laurie Toby Edison and Debbie Notkin, Body Impolitic, Feb 3, http://disabledfeminists.com/2010/02/03/guest-post-temporarily-able-bodied-useful-but-not-always-true/) At the same time, like any catchphrase, it’s oversimplified. Disability is not inevitable. Only two things are always temporary: life, and youth. Everything else is conditional, contextual, and/or statistical. Definitions of ability/disability are exceedingly complex; even definitions of "aging" are less obvious than they might immediately appear. Ability is not always temporary. Two large groups of people are able-bodied AND permanent either: the world is full of people who are temporarily disabled. To return to our catch-phrase, "temporarily able-bodied" is AND pain say they "feel old," when what they feel is pain.
More evidence HOPE 2009 (Kinsey, identifies as mentally and physically disabled, "The Body Is Not The Only Aspect That Can Be Abled," Genderbitch: Musings of a Trans Chick, Nov 16, http://genderbitch.wordpress.com/2009/11/16/the-case-for-cab-m/) There’s something that twigs me out a bit about the abbreviation TAB. But first, for those not in the know, let’s go over what it means. It means Temporarily Able Bodied. It summarizes fairly well the counter situation to many AND tool used for discourse and community in the same way that PWD does. It also explains the temporal nature of not possessing disabilities. It just takes an AND being abled, it’s also one of the most frequently erased and ignored.) But there is a flaw. A serious, even ableist flaw in the terminology. And that is what twigs me out. Have you noticed it yet? Temporarily Abled Bodied. You might say, " AND (learning disability), Obsessive Compulsive Disorder and a host of other zones. Then there’s the issue my partner pointed out when helping me proofread this post. Even temporarily is problematic. Some folk never have a disability. Aging doesn’t do too much to them in those terms and some folk have things calm down or disappear. "Currently" is the word being suggested to fix this, so I’m just going to slide that into the terms right now. This is, obviously, a problem. And it’s one that’s very simple to AND including all the aspects that are subject to it. Body and Mind. So I suggest this: Currently Able Bodied/Minded. Or CAB/M AND all PWD folk, intersection or primary line, either and any way. So there it is. The case for CAB/M, instead of TAB (or even just CAB). I hope it catches on. I’m tired of half of my disabilities being ignored in the terms.
AT Root Cause
Root causes are endless and NOT a preoductive way to solve it Moore 4 – Dir. Center for Security Law @ University of Virginia, 7-time Presidential appointee, 26 Honorary Editor of the American Journal of International Law, Solving the War Puzzle: Beyond the Democratic Peace, John Norton Moore, pages 41-2. If major interstate war is predominantly a product of a synergy between a potential nondemocratic AND their solution may be to doom us to war for generations to come.
A2: IMF
Obama just voiced support —- didn’t spend any political capital Kahn 3-3 (Robert,- Steven A. Tananbaum Senior Fellow for International Economics @ Council on Foreign Relations "Global Economics Monthly: February 2014") At the same time, the dysfunctional relationship between Congress and the Obama administration was AND strong bipartisan push is needed to get this legislation across the finish line.
Obama already lost on IMF reforms and no one expected them to pass Harding 1-14 (Robin,- FT’s US economics editor, based in Washington. "US fails to approve IMF reforms") International financial reform and the G20 have suffered a serious blow after the US Congress AND , leaving reform of the international financial system stuck in the deep freeze.
Top of Docket 2NC
Being debated now and Obama is pushing —- vote by next week Schatz 3-23 (Amy,- Tech policy reporter for Re/code. Hoosier. Georgetown MBA and IU grad "Tech Firms and Universities Spar Over Patent Troll Bill") As Senate staffers have quietly met behind closed doors to hammer out a compromise on AND lifted from other proposals offered by various senators in search of a compromise.
Political capital theory is true -this evidence cites longitudinal statistical analysis -PC leads to deal-cutting, adds to presidential attractiveness and results in vote-switching Beckman 10 – Professor of Political Science Matthew N. Beckman, Professor of Political Science @ UC-Irvine, 2010, "Pushing the Agenda: Presidential Leadership in U.S. Lawmaking, 1953-2004," pg. 61-62 For cases where the president wants to lobby but has limited political capital to draw AND to prevail in an all-out floor fight for pivotal voters’ support.
2NC Circumvention
Every president—including Obama—has adhered to a constitutional framework that rejects Congressional intrusion Garrison 12—Professor of Criminal Justice at Kutztown University ~Dr. Arthur H. Garrison, "History of Executive Branch Legal Opinions on the Power of the President as Commander-in-Chief from Washington to Obama," Cumberland Law Review, Vol. 43, Issue 3 (2012-2013), pp. 375-494~ IV. CONCLUSION
Historically the State Department, 388 various Attorneys General, and the OLC, from AND and military affairs as Commander in Chief.39’ pg. 478-479
The plan creates the illusion of constraint with no actual effect Posner 26 Vermeule 11, Eric Posner is Kirkland 26 Ellis Distinguished Service Professor of Law and Aaron Director Research Scholar at the University of Chicago. Adrian Vermeule - John H. Watson, Jr. Professor of Law – Harvard Law School, The Executive Unbound ~electronic resource~ : After the Madisonian Republic, Oxford University Press, USA, 2011. 01/01/2011 1 online resource (256 p.) Language: English, pg 87-89, jj
Why did these statutes prove less effective than their proponents hoped¶ or, in AND constraint. But having been tried, they¶ have been found wanting.
?
*2NC Must Read
Current Congress WANTS to keep their war powers authority limited Hendrickson 13, professor of Political Science at Eastern Illinois University (Ryan, 4-3-13, "Libya and American war powers: warmaking decisions in the United States," Global Change, Peace and Security: formerly Pacifica Review: Peace, Security and Global Change, Volume 25, Issue 2, 2013, http://www.tandfonline.com/doi/pdf/10.1080/14781158.2013.765397)
What makes the American military operation in Libya and the war powers interplay equally¶ AND use¶ force in Libya dismissively as ’noise about the process’.3 While Congress’s challenges were considerable, this opposition had little meaningful impact¶ on how AND the American president’s¶ role in determining if force will be used abroad.
Each of these proposals has the merit of demanding that Congress carry the burden AND war power will not be forthcoming unless and until American citizens demand it.
*2NC Congress Doesn’t Enforce
Congress will not enforce– they don’t care about institutional power Devins 9—Professor of Law and Professor of Government @ College of William and Mary (Neal Devins, "Presidential Unilateralism and Political Polarization: Why Today’s Congress Lacks the Will and the Way to Stop Presidential Initiatives," Willamette Law Review, Vol. 45, Issue 3 (Spring 2009), pp. 395-416)
¶ Unlike the presidency, the individual and institutional interests of members of Congress are AND convenient to acquiesce and avoid criticism that they obstructed a necessary military operation.
Congress will CHOOSE to ignore the statutory restriction – they have other obligations Miller 13 -Vice President for New Initiatives and Distinguished Scholar at the Wilson Center Aaron, Interviewing Marvin Kalb – Emeritus Professor @ Harvard, "They’re the Deciders," http://www.foreignpolicy.com/articles/2013/05/31/president_congress_war_power_marvin_kalb_interview?utm_source=feedly FP: If Congress had to approve America’s wars, would it make any difference AND play a subordinate role to the executive in questions of war and peace.
3/28/14
USC Round 1
Tournament: Usc | Round: 1 | Opponent: Michigan Allen-Pappas | Judge: Paul *1NC* 0 Statutory restrictions are placed by legislation- that means Congress has to do them Black’s Law Dictionary 2013 (Date is date accessed, Aug 13, http://thelawdictionary.org/statutory-restriction/#ixzz2bsSCuBEj) Limits or controls that have been place on activities by its ruling legislation.
Judicial restrictions means the courts Google Dictionary ‘13 Google Dictionary, 2013, “Judicial” of, by, or … appropriate to a court or judge.
The plan as written allows executive action – that’s extra-topical- specifically used to eliminate counterplan competition- they don’t get to write their plan in ways that could be untopical
You should specifically protect debates over which branch enacts reforms- they’re the core controversy of authority debates Sinnar, assistant professor of law at Stanford Law School, May 2013 (Shirin, “Protecting Rights from Within? Inspectors General and National Security Oversight,” 65 Stan. L. Rev. 1027, Lexis) More than a decade after September 11, 2001, … congressional enfeeblement and judicial abdication.
1
Will pass --- avoiding new controversies is key Eubank 1-1 (Andy,- Vice President of Operations at Hoosier Ag Today, 30 years of experience as Vice President and General Manager Logansport Radio Corp-WSAL and WLHM “Hope for Farm Bill Agreement by Mid January”) Optimism remains high for completing a … agriculture desperately wants to avoid.
Having to defend authority derails the current agenda Kriner 10 Douglas L. Kriner (assistant professor of political science at Boston University) “After the Rubicon: Congress, Presidents, and the Politics of Waging War”, University of Chicago Press, Dec 1, 2010, page 68-69. While congressional support leaves the … him in the international arena.
Capital is key Eva Clayton 11/5/13, former Assistant Director General of the UN FAO, “Congressional and Presidential Leadership Needed for a Fair and Equitable Farm Bill,” http://www.huffingtonpost.com/eva-m-clayton/congressional-and-presidential_b_4221884.html Congressional and Presidential Leadership Needed … suffer disproportionately without a signed bill.
Key to prevent trade war with Brazil AgriPulse ’13 (“U.S. cotton payments to Brazil may end due to lack of farm bill, Vilsack says”) WASHINGTON, Aug. 7, 2013 - Top U.S. agriculture officials … resolves the long-term dispute. “Absent a farm bill, we won't be able to make payments,” Vilsack said. “They obviously indicated that their patience with the United States is not limitless.” He said Brazil expects the … , but other U.S. exports as well. “I'm sure other industries in the United States are not going to appreciate the fact that they're going to get dinged because Congress didn't complete their work,” Vilsack said. In 2009, the World Trade Organization (… agricultural goods, automobiles and chemicals.
The impact is US Competitiveness, Science Leadership, US Economy, Brazil Economy, Global Economy Kogan ’06 (Lawrence,- CEO Institute Trade Standardards and Sustainable Development, Int’l J Economic Development, July, http://findarticles.com/p/articles/mi_qa5479/is_1-2_8/ai_n29431939?tag=content;col1) "... Some in Brazil express … other nation in the world." (114 115) Brazil is clearly at a crossroads. As an emerging economy and an aspiring regional (116 117) and global (118) power possessing great potential, it is obliged to exercise prudence and responsibility in its international affairs. It has the option of following the proven path towards innovation and economic growth, or of riding populist appeals down the slippery slope of IP opportunism. It is time for the Brazilian government to transcend its IP identity crisis and evolve--to choose the right path for the benefit of both its citizens and the world, before it is too late.
Global war Austin ‘09 (Michael, Resident Scholar – American Enterprise Institute, and Desmond Lachman, Resident Fellow – American Enterprise Institute, “The Global Economy Unravels”, Forbes, 3-6, http://www.aei.org/article/100187) Conversely, global policymakers do not … that coalesce into a big bang.
2 The United States federal government should clarify that the first use of drones is only acceptable either in self-defense or in response to an attack by a non-state actor located within a state when that state has consented to the United States’ carrying out targeted killing operations within the state’s borders or that state is unwilling or unable to neutralize such actors.
The United States federal government should shift targeted killing to title 10 military authority.
Congress affirming legality and declaring the right to use drones in self-defense solves the case and avoids a partisan backlash- there is universal support for drone usage in national security contexts. Anderson ‘10 Kenneth Anderson, Professor of Law, Washington College of Law, American University, and Research Fellow, The Hoover Institution, Stanford University and Member of its Task Force on National Security and the Law, 3/18/10, Rise of the Drones: Unmanned Systems and the Future of War, digitalcommons.wcl.american.edu/cgi/viewcontent.cgi?article=1002andcontext=pub_disc_cong • Fourth, Congress has vital … , and very legitimate sovereign state.
3 Text: The Executive Branch of the United States should assign review of drone operations to the Intelligence Advisory Board to establish their efficacy and justifiability ex post. The Executive Branch should request Congressional rules for the reviews, including who will carry out the reviews and requiring periodic reports to its committees and the public.
4 Judicial review would result in … of force in self-defense Benjamin McKelvey 11, J.D., Vanderbilt University Law School, November 2011, “NOTE: Due Process Rights and the Targeted Killing of Suspected Terrorists: The Unconstitutional Scope of Executive Killing Power,” Vanderbilt Journal of Transnational Law, 44 Vand. J. Transnat'l L. 1353 In the alternative, and far … use of defensive force. n118
Aggressive CT to disrupt senior AQ leadership is the key internal link to nuclear terror attacks – need to stop the planning process. Montgomery 09 – (2009, Evan Braden, Research Fellow, has published on a range of issues, including alliance politics, nuclear terrorism, military doctrine, and political revolutions, Center for Strategic and Budgetary Assessments, MA in Foreign Affairs, PhD Candidate at UVA, “Nuclear Terrorism: Assessing the Threat, Developing a Response,” http://www.dtic.mil/cgi-bin/GetTRDoc?AD=ADA506768) The second major implication addresses … the future has correspondingly increased.
Nuclear terror causes accidental US-Russia nuclear war. Barrett et al. 2013 – (6/28, Anthony, PhD, Engineering and Public Policy from Carnegie Mellon University, Director of Research, Global Catastrophic Risk Institute, Fellow in the RAND Stanton Nuclear Security Fellows Program, Seth Baum, PhD, Geography, Pennsylvania State University, Executive Director, GCRI, Research Scientist at the Blue Marble Space Institute of Science, former Visiting Scholar position at the Center for Research on Environmental Decisions at Columbia University, and Kelly Hostetler, Research Assistant, GCRI, “Analyzing and Reducing the Risks of Inadvertent Nuclear War Between the United States and Russia,” Science and Global Security 21(2): 106-133, pre-print, available online) War involving significant fractions of … to misinterpret events as attacks.16
Drones solve Pakistani instability. Curtis 13 – (7/16, Lisa, Senior Researcher, Heritage Foundation, “Pakistan Makes Drones Necessary,” http://www.heritage.org/research/commentary/2013/7/pakistan-makes-drones-necessary) Drones Help Pakistan It is no secret that … judicious use of drone strikes. Complicated Relationship The U.S. will need to keep a … groups like the Haqqani Network.
Drones are the only barrier to insurgent takeover – no alternatives Vira 12 – (10/12, Varun, researcher and anayst, Small Wars Journal, author of an extensive report on Pakistan by the Center for Strategic and International Studies, “Anti-Drone Hysteria in Pakistan Obscures Governance Failures,” World Politics Review, http://www.worldpoliticsreview.com/articles/12415/anti-drone-hysteria-in-pakistan-obscures-governance-failures) Though drones are not ideal, … themselves that continue to suffer.
Escalates to nuclear war Pitt 09 – a New York Times and internationally bestselling author of two books: "War on Iraq: What Team Bush Doesn't Want You to Know" and "The Greatest Sedition Is Silence." (5/8/09, William, “Unstable Pakistan Threatens the World,” http://www.arabamericannews.com/news/index.php?mod=articleandcat=commentaryandarticle=2183) But a suicide bomber in Pakistan … situation. So should we all.
5
Aff introduces judicial activism into targeted killing – destroys military effectiveness and ruins targeted killing program Klimp et al 10 (JACK W. KLIMP, Lt. General, U.S. Marine Corps (Ret.), JOHN D. ALTENBURG, Major General, U.S. Army (Ret.), JAMES J. CAREY, Rear Admiral, U.S. Navy (Ret.), STEVEN B. KANTROWITZ, Rear Admiral, U.S. Navy (Ret.), NORMAN T. SAUNDERS, Rear Admiral, U.S. Coast Guard (Ret.), THOMAS L. HEMINGWAY, Brigadier General, U.S. Air Force (Ret.), ALFRED L. MICHAUD, Colonel, U.S. Army (Ret.), WILLIAM D. PIVARNIK, Captain, U.S. Navy (Ret.), ERIC ROJO, Colonel, U.S. Army (Ret.), PETER J. REYNIERSE, Commander, U.S. Navy (Ret.), THOMAS A. SMITH, Lt. Colonel, U.S. Army (Ret.), ADRIAN CRONAUER, WASHINGTON LEGAL FOUNDATION, NATIONAL DEFENSE COMMITTEE, AND ALLIED EDUCATIONAL FOUNDATION, 10/4/10, http://ccrjustice.org/files/Al-Aulaqi20v20Obama-20Klimp,20et20al20Amicus.pdf) Amici respectfully submit that this … expertise to undertake such a reexamination.
Kills heg Robert Blomquist 10, Professor of Law, Valparaiso University School of Law, THE JURISPRUDENCE OF AMERICAN NATIONAL SECURITY PRESIPRUDENCE, 44 Val. U.L. Rev. 881 Supreme Court Justices--along with … , and defend the Nation. n22 *886 B. Geopolitical Strategic Considerations Bearing on Judicial Interpretation Before the United States Supreme Court Justices form an opinion on the legality of national security decisions by the POTUS, they should immerse themselves in judicially-noticeable facts concerning what national security expert, Bruce Berkowitz, in the subtitle of his recent book, calls the "challengers, competitors, and threats to America's future." n23 Not that the Justices need to become experts in national security affairs, n24 but every Supreme Court Justice should be aware of the following five basic national security facts and conceptions before sitting in judgment on presiprudential national security determinations. (1) "National security policy . . . is … themselves with regional powers." n27 (2) "Yet, as worrisome as these immediate concerns may be, the long-term challenges are even harder to deal with, and the stakes are higher. Whereas the main Cold War threat--the Soviet Union--was brittle, most of the potential adversaries and challengers America now faces are resilient." n28 (3) "The most important task … advantage, they do not." n30 (4) While "keeping the strategic advantage may not have the idealistic ring of making the world safe for democracy and does not sound as decisively macho as maintaining American hegemony," n31 maintaining the American "strategic advantage is critical, because it is essential for just about everything else America hopes to achieve--promoting freedom, protecting the homeland, defending its values, preserving peace, and so on." n32 (5) The United States requires … focus its own resources." n34 *888 As further serious preparation for engaging in the jurisprudence of American national security presiprudence in hotly contested cases and controversies that may end up on their docket, our Supreme Court Justices should understand that, as Walter Russell Mead pointed out in an important essay a few years ago, n35 the average American can be understood as a Jacksonian pragmatist on national security issues. n36 "Americans are determined to keep the world at a distance, while not isolating ourselves from it completely. If we need to take action abroad, we want to do it on our terms." n37 Thus, recent social science survey data paints "a picture of a country whose practical people take a practical approach to knowledge about national security. Americans do not bother with the details most of the time because, for most Americans, the details do not matter most the time." n38 Indeed, since the American people "do know the outlines of the big picture and what we need to worry about in national security affairs so we know when we need to pay greater attention and what is at stake. This is the kind of knowledge suited to a Jacksonian." n39 Turning to how the Supreme … his national security executive subordinates.
norms
No norm creation or national security threat from drone prolif – won’t be used by terrorists or in state based conflict Lewis and Crawford 13 – (Michael, Professor of Law at Ohio Northern University Pettit College of Law, and Emily, PhD, post-doctoral fellow and associate at the Sydney Centre for International Law, “Drones and Distinction: How IHL Encouraged the Rise of Drones,” Georgetown Journal of International Law, Vol. 44) Before discussing the legal merits … target individuals across the globe.” 168
China won’t use drones offensively Erickson 13, associate professor – Naval War College, associate in research – Fairbank Centre @ Harvard, 5/23/13 (Andrew, China Has Drones. Now What?", www.foreignaffairs.com/articles/136600/andrew-erickson-and-austin-strange/china-has-drones-now-what) Beijing, however, is unlikely to … with its own drone programme.
Bold predictions of a coming drones … their arrival in large numbers.
No chance of escalation in the Senkakus David A. Beitelman 12, PhD student in Political Science at Dalhousie University and a Doctoral Fellow at the Centre for Foreign Policy Studies in Halifax, Nova Scotia, Canada, September 2012, “Senkaku Islands Dispute: Do Not Believe the Hype, China and Japan Are Not About to Go to War,” http://www.policymic.com/articles/14910/senkaku-islands-dispute-do-not-believe-the-hype-china-and-japan-are-not-about-to-go-to-war But despite the rhetoric and … differences through negotiation, not war.
Accountability
Drones are the only way to destroy AQAP in Yemen – all alternatives fail Terrill 13 – (3/13, W. Andrew, PhD, Strategic Studies Institute's Middle East specialist, formerly with the Lawrence Livermore National Laboratory and US Air War College, “Op-Ed: Drones Are Making A Difference In Yemen,” http://www.strategicstudiesinstitute.army.mil/index.cfm/articles/Drones-Are-Making-A-Difference-In-Yemen/2013/03/13) Unmanned aerial vehicles (often known … drones as a war-winning system. The 2011 death of AQAP planner Anwar al-Awlaki in an apparent drone strike is especially informative. Despite Awlaki’s U.S. citizenship, President Obama was reported by Newsweek to have considered him a higher priority for capture or elimination than Ayman al-Zawahiri, bin Laden’s replacement as the leader of “al-Qaeda central.” Federal prosecutors, in a case involving an alleged Awlaki associate, maintain that he was the mastermind behind a variety of terrorist activities including the 2009 “Christmas bomber” plot. In this instance, a terrorist operative and Awlaki “student” sought to blow up a passenger aircraft traveling from Amsterdam to Detroit with 280 passengers aboard. The unsuccessful bombing scheme appears … much more frightening choices later.
They clear and hold operations – key to fight the insurgents Terrill 13 – (2013, W. Andrew, PhD, Strategic Studies Institute's Middle East specialist, formerly with the Lawrence Livermore National Laboratory and US Air War College, “Drones over Yemen: Weighing Military Benefits and Political Costs,” Parameters 42(4)/43(1) Winter-Spring 2013, http://www.strategicstudiesinstitute.army.mil/pubs/parameters/Issues/WinterSpring_2013/2_Article_Terrill.pdf)
Another important, but less well-… urban centers in the south.
Increased drone strikes key to yemen stability – degrades AQAP Ciluffo and Watts 11 (Frank and Clinton, "Yemen and Al Qaeda in the Arabian Peninsula: Exploiting a Window of Counterterrorism Opportunity," Homeland Security Policy Institute, June 24, www.gwumc.edu/hspi/policy/issuebrief203_yemenAQAP.cfm) Light-footprint drone and special … immediate terrorist threat of AQAP.
Collapse of the Yemeni state would make it inhospitable to terrorists—we’d shoot them all MANTZIKOS 2011 (Ioannis, PhD, “Somalia and Yemen: The Links between Terrorism and State Failure,” Digest of Middle East Studies, October, http://onlinelibrary.wiley.com/doi/10.1111/j.1949-3606.2011.00098.x/full) On the other hand, the … not necessarily an ideal location.
Best evidence concludes no legitimacy impact Brooks and Wohlforth 8 – Stephen G. Brooks, Assistant Professor of Government at Dartmouth, and William C. Wohlforth, Associate Professor of Government at Dartmouth, 2008, World Out of Balance: International Relations and the Challenge of American Primacy, p. 201-206 First, empirical studies find no … established a committee to monitor compliance. That said, there is also evidence of resistance to U.S. attempts to rewrite rules or exempt itself from rules. Arguably the most salient example of this is the International Criminal Court (ICC). During the negotiations on the Rome Convention in the late 1990s, the United States explicitly sought to preserve great-power control over ICC jurisdiction. U.S. representatives argued that the United States needed protection from a more independent ICC in order to continue to provide the public good of global military intervention. When this logic failed to persuade the majority, U.S. officials shifted to purely legal arguments, but, as noted, these foundered on the inconsistency created by Washington’s strong support of war crimes tribunals for others. The Rome Convention rejected the U.S. view in favor of the majority position granting the ICC judicial panel authority to refer cases to court’s jurisdiction.78 By 2007, 130 states had signed the treaty and over 100 were full-fledged parties to it. President Clinton signed the treaty, but declined to submit it to the Senate for ratification. The Bush administration “unsigned” it in order legally to be able to take action to undermine it. The United States then persuaded over 75 countries to enter into agreements under which they undertake not to send any U.S. citizen to the ICC without the United States’ consent; importantly, these agreements do not obligate the United States to investigate or prosecute any American accused of involvement in war crimes. This clearly undermines the ICC, especially given that about half the states that have signed these special agreements with the United States are also parties to the Rome Statute. 79 At the same time, the EU and other ICC supporters pressured governments not to sign special agreements with the United States, and some 45 have refused to do so—about half losing U.S. military assistance as a result. In April 2005, the United States chose not to veto a UN Security Council resolution referring the situation in Darfur, Sudan, to the ICC. To many observers, this suggests that inconsistency may yet undermine U.S. opposition to the court.80 If the U.S. campaign to thwart the court fails, and there is no compromise solution that meets some American concerns, the result will be a small but noticeable constraint: U.S. citizens involved in what might be construed as war crimes and who are not investigated and prosecuted by the U.S. legal system may have to watch where they travel. The upshot as of 2007 was something of a stalemate on the ICC, demonstrating the limits of both the United States’ capability to quash a new legal institution it doesn’t like and the Europeans’ ability to legitimize such an institution without the United States’ participation. Similar stalemates characterize other high-profile arguments over other new international legal instruments, such as the Kyoto Protocol on Climate Change and the Ottawa Landmine Convention. Exactly as constructivists suggest, these outcomes lend credence to the argument that power does not translate unproblematically into legitimacy. What the larger pattern of evidence on rule breaking shows, however, is that this is only one part of the story; the other part involves rule breaking with few, if any, legitimacy costs, and the frequent use of go-it-alone power to revise or create rules. AN EROSION OF THE ORDER? The second general evidence pattern … interests of the United States.83 Regarding international finance, the balance between the constraining and enabling properties of rules and institutions is even more favorable to the United States, and there is little evidence of general legitimacy costs. The United States retains a privileged position of influence within the International Monetary Fund and the World Bank. An example of how the scope of these institutions can expand under the radar screen of most legitimacy scholarship is International Center for Settlement of Investment Disputes (ICSID)—the major dispute settlement mechanism for investment treaties. Part of theWorld Bank group of institutions, it was established in 1966, and by 1991 it had considered only 26 disputes. With the dramatic growth in investment treaties in the 1990s, however, the ICSID came into its own. Between 1998 and 2004, over 121 disputes were registered with the Center.84 This increase reflects the rapidly growing scope of international investment law. And these new rules and treaties overwhelmingly serve to protect investors’ rights, in which the United States has a powerful interest given how much it invests overseas. Looking beyond the economic realm, … pursued compensating strategies more energetically.
Legitimacy is inevitable and isn’t key to cooperation anyway Wohlforth 9 — Daniel Webster Professor of Government, Dartmouth. BA in IR, MA in IR and MPhil and PhD in pol sci, Yale (William and Stephen Brooks, Reshaping the World Order, March / April 2009, Foreign Affairs Vol. 88, Iss. 2; pg. 49, 15 pgs) FOR ANALYSTS such as Zbigniew … reform of the international system.
NSA scandals destroy US ability to exert soft power Migranyan 7/5 (Andranik, director of the Institute for Democracy and Cooperation in New York and professor at the Institute of International Relations in Moscow, a former member of the Public Chamber and a former member of the Russian Presidential Council. “Scandals Harm U.S. Soft Power,” 2013, http://nationalinterest.org/commentary/scandals-harm-us-soft-power-8695)
For the past few months, … governance—with a more critical eye.
*2NC*
US will always deter China---even if they acted it would only cause a diplomatic fuss Vu Duc ‘13 "Khanh Vu Duc is a Vietnamese-Canadian lawyer who researches on Vietnamese politics, international relations and international law. He is a frequent contributor to Asia Sentinel and BBC Vietnamese Service, "Who's Bluffing Whom in the South China Sea?" www.asiasentinel.com/index.php?option=com_contentandtask=viewandid=5237andItemid=171 Conversely, China would find an increased American presence unacceptable and a nuisance. Of course, neither country is likely to find itself staring down the barrel of the other's gun. China's plans for the region would undoubtedly be under greater American scrutiny if Washington decides to allocate more assets to Asia-Pacific. For the US, returning in force to Asia-Pacific would prove to be a costly endeavour, resources the country may or may not be able to muster. Yet, even if this is true, Washington's calculations may determine that the security risk posed by China in the region outweighs whatever investment required by the US. China's dispute with Japan over … resolution, rather than brute force.
No Azerbaijan-Armenia war --- International actors check conflict and recent hostilities are just domestic posturing. Sumerinli and Harutyunyan 09/23 (Jasur Mammadov, Vahe, Gunfire as Extension of Politics on Azerbaijan-Armenia Border, Transition Online: Regional Intelligence, http://www.tol.org/client/article/23953-armenia-azerbaijan-nagorno-karabakh.html While cross-border gunfire involving … international community’s demands for democracy.”
No escalation to Nagorno-Karabakh– allies won’t be drawn in and Russia will be diplomatic Glashatov 7 (Oleg, “Zero Hour Approaches for Yerevan; Azerbaijan Prepares to Fight for Nagorno-Karabakh: Will There Be War?”, What the Papers Say Part A (Russia), 7-5, Lexis)
Speaking at Johns Hopkins University, … by diplomatic or other means.
Collapse of the Yemeni state would make it inhospitable to terrorists—we’d shoot them all MANTZIKOS 2011 (Ioannis, PhD, “Somalia and Yemen: The Links between Terrorism and State Failure,” Digest of Middle East Studies, October, http://onlinelibrary.wiley.com/doi/10.1111/j.1949-3606.2011.00098.x/full) On the other hand, the … not necessarily an ideal location.
States don’t have feelings – soft power doesn’t work Fan 7 (Ying, Senior Lecturer in Marketing at Brunel Business School, Brunel University in London, “Soft power: Power of attraction or confusion?”, November 14) The whole concept of soft … , and reject American culture’ ( Opelz, 2004 ).
Drone court crushes counter-terror- delay Oliphant, 13 -- National Journal deputy magazine editor; citing Gregory McNeal, a counterterrorism expert at Pepperdine University James, “Vetting the Kill List,” 5-30-13, http://www.nationaljournal.com/magazine/vetting-the-kill-list-20130404, accessed 8-16-13
But even among supporters, no consensus … last minute of the operation.”
Precedent- drone court snowballs Boot, 13 – CFR senior fellow Max, Jeane J. Kirkpatrick Senior Fellow in National Security Studies at the Council on Foreign Relations, "A Drone Court is a Terrible Idea," Commentary, 2-11-13, www.commentarymagazine.com/2013/02/11/a-drone-court-is-a-terrible-idea-fisa-terroris/, accessed 8-15-13, mss
Nevertheless creating such a court would …. Court of Appeals for the District of Columbia.
Given that reality, shifting the …. once put it: “Trust, but verify.”
Targeting revision- drone court deters it Johnson, 13 -- Former Pentagon General Counsel Jeh, American civil, criminal trial lawyer, and General Counsel of the Department of Defense from 2009 to 2012 during the first Obama Administration, "A “Drone Court”: Some Pros and Cons," Lawfare, 3-18-13, www.lawfareblog.com/2013/03/jeh-johnson-speech-on-a-drone-court-some-pros-and-cons/, accessed 8-15-13, mss
Next, if the court’s jurisdiction is limited … continual reevaluation I’m referring to.
Drone decisions are made in ticking time bomb situations – the plan causes strikes on leaders to be called off Bloomberg 13 ("Why a Drone Court Won't Work," February 18, www.bloomberg.com/news/2013-02-18/why-a-drone-court-won-t-work.html Given the ticking-time-bomb nature of drone strikes, … way, they can only do so retrospectively.
Ex ante judicial review prevents necessary and legal drone strikes Vladeck 13 (Steve, Steve Vladeck is a professor of law and the associate dean for scholarship at American University Washington College of Law. A 2004 graduate of Yale Law School, Steve clerked for Judge Marsha Berzon on the Ninth Circuit and Judge Rosemary Barkett on the Eleventh Circuit. In addition to serving as a senior editor of the Journal of National Security Law and Policy, Steve is also the co-editor of Aspen Publishers’ leading National Security Law and Counterterrorism Law casebooks., "Why a drone Court Won't Work - But (Nominal) Damages Might..."www.lawfareblog.com/2013/02/why-a-drone-court-wont-work/) In my view, the adversity issue is the deepest … wise, just, or remotely reliable decisions.
Aff kills the drone program – uncertainty and inability to make real time decisions Johnson 13 (Jeh Charles, Former Pentagon General Counsel, "Keynote address at the Center on National Security at Fordham Law School:," March 18www.lawfareblog.com/2013/03/jeh-johnson-speech-on-a-drone-court-some-pros-and-cons/) On the other hand, if the proposal is to include …. terrorist who might be a U.S. citizen wanders in?
Physicists conclude that it’s easy, material is available – terrorist weapons don’t require the same high standards that make regular weapons so complex Zimmerman and Pluta 06 – (2006, Peter, PhD, experimental nuclear and elementary particle physics, Emeritus Professor of Science and Security at King's College London, former Chief Scientist of the Senate Foreign Relations Committee, and Anna, researcher, Center for Science and Security at King's College London, PhD candidate, “Nuclear terrorism: A disheartening dissent,” Survival: Global Politics and Strategy Volume 48, Issue 2, 2006, taylor and francis) It seems certain that at some price nuclear , this is a plausible, if stressing, scenario that has been explored in some detail in fiction.37
Only requires 19 people and 1 year – physics is easy and the barriers are vastly exaggerated. Zimmerman and Lewis 06 – (10/10, Peter, PhD, experimental nuclear and elementary particle physics, Emeritus Professor of Science and Security at King's College London, former Chief Scientist of the Senate Foreign Relations Committee, and Jeffrey, Director, Nuclear Strategy and Nonproliferation Initiative, New America Foundation, former Executive Director, Project on Managing the Atom/Science, Technology, and Public Policy Program, Belfer Center, Harvard University, “The Bomb in the Backyard,” Foreign Policy, http://www.foreignpolicy.com/articles/2006/10/10/the_bomb_in_the_backyard?page=0,1)
The constraint we have placed on our … entire active team would number no more than 19 people.
Obama will expand the use of drones and relax targeting rules in the future---particularly the imminence standard Alexei Offill-Klein 13, J.D. University of California, Davis, School of Law, Spring 2013, “Note: Targeted Killings: Al-Aulaqi v. Obama and the Misuse of the Political Question Doctrine,” U.C. Davis Journal of International Law and Policy, 19 U.C. Davis J. Int'l L. and Pol'y 207 There are signs the Obama administration … not previously have been targeted.
There’s a sustainable consensus on the drone program---won’t collapse Robert Chesney 12, professor at the University of Texas School of Law, nonresident senior fellow of the Brookings Institution, distinguished scholar at the Robert S. Strauss Center for International Security and Law, 8/29/12, “Beyond the Battlefield, Beyond Al Qaeda: The Destabilizing Legal Architecture of Counterterrorism,” http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2138623 This multi-year pattern of cross-branch and …. stability that was good enough for the time being.
No global blowback Kenneth Anderson 13, Professor of International Law at American University, June 2013, “The Case for Drones,” Commentary, Vol. 135, No. 6 That leaves the broader claim … the Union would have lost the Civil War.
Pakistan ordered drone operations at its Shamsi … insurgent activity and new strategies.
*1NR*
Judicial restrictions mean the courts have to limit executive freedom of action, statutory restrictions mean Congress has to pass legislation- the plan just says USFG, which includes the executive as a potential enactor of the plan as well as administrative agencies- neither of those is topical Black’s Law Dictionary 90 6th Edition, p. 695. In the United States, government … , and city and township governments.
The fact that is is … link turns all their impacts Osbeck 12 (Mark, Assistant Professor at the University of Michigan Law Review, "WHAT IS “GOOD LEGAL WRITING” AND WHY DOES IT MATTER?," Drexel Law review, earlemacklaw.drexel.edu//media/Files/law/law20review/spring_2012/Osbeck.ashx) If these critics of the … some judges than for others.
Congressional oversight of the program … ---the CP solves soft power Gregory McNeal 13, Associate Professor of Law, Pepperdine University, 3/5/13, “Targeted Killing and Accountability,” http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1819583 Congressional oversight of executive branch … we know what “good” oversight is? Amy Zegart argues that defining good oversight is difficult for three reasons.447 First, “‘good’ oversight is embedded in politics and intertwined with policy advocacy on behalf of constituents and groups and their interests.”448 Second, “many agencies are designed with contradictory missions that naturally pull them in different directions as the power of contending interest groups waxes and wanes.”449 Third, “good oversight is hard to recognize because many important oversight activities are simply invisible or impossible to gauge.”450 In a particularly salient example, Zegart notes: Telephone calls, e-mails and other … every aspect of the program.452
Executive transparency combined with Congressional … the overall program---solves legitimacy Jack Goldsmith 12, Harvard Law professor and a member of the Hoover Task Force on National Security and Law, 3/19/12, “Fire When Ready,” http://www.foreignpolicy.com/articles/2012/03/19/fire_when_ready There are at least two … , the president should insist on it.
Most predictable—the agent and … a debate about hypothetical government action Jon M Ericson 3, Dean Emeritus of the College of Liberal Arts – California Polytechnic U., et al., The Debater’s Guide, Third Edition, p. 4 The Proposition of Policy: Urging … future action that you propose.
“Resolved” is legislative Jeff Parcher 1, former debate coach at Georgetown, Feb 2001 http://www.ndtceda.com/archives/200102/0790.html Pardon me if I turn to a … course, are answers to a question.
A general subject isn’t enough—… order to promote effective exchange Steinberg and Freeley 13, * David, Lecturer in Communication studies and rhetoric. Advisor to Miami Urban Debate League. Director of Debate at U Miami, Former President of CEDA. And Austin, attorney who focuses on criminal, personal injury and civil rights law, JD, Suffolk University, Argumentation and Debate, Critical Thinking for Reasoned Decision Making, 121-4 Debate is a means of settling … outlined in the following discussion.
Topical fairness requirements are key to meaningful dialogue—monopolizing strategy and prep makes the discussion one-sided and subverts any meaningful neg role Ryan Galloway 7, Samford Comm prof, Contemporary Argumentation and Debate, Vol. 28, 2007 Debate as a dialogue sets an … dialogical benefits of topical advocacy.
2. Substantive constraints on the debate are key to actualize effective pluralism and agonistic democracy John Dryzek 6, Professor of Social and Political Theory, The Australian National University, Reconciling Pluralism and Consensus as Political Ideals, American Journal of Political Science,Vol. 50, No. 3, July 2006, Pp. 634–649 A more radical contemporary pluralism … rightfully belongs in democratic debate.
The impact outweighs—deliberative debate models impart skills vital to respond to existential threats Christian O. Lundberg 10 Professor of Communications @ University of North Carolina, Chapel Hill, “Tradition of Debate in North Carolina” in Navigating Opportunity: Policy Debate in the 21st Century By Allan D. Louden, p. 311 The second major problem with … and use other Web resources: To analyze the self-report ratings of the instructional and control group students, we first conducted a multivariate analysis of variance on all of the ratings, looking jointly at the effect of instmction/no instruction and debate topic . . . that it did not matter which topic students had been assigned . . . students in the Instnictional debate) group were significantly more confident in their ability to access information and less likely to feel that they needed help to do so----These findings clearly indicate greater self-efficacy for online searching among students who participated in (debate).... These results constitute strong support for the effectiveness of the project on students' self-efficacy for online searching in the academic databases. There was an unintended effect, however: After doing ... the project, instructional group students also felt more confident than the other students in their ability to get good information from Yahoo and Google. It may be that the library research experience increased self-efficacy for any searching, not just in academic databases. (Larkin 2005, 144) Larkin's study substantiates Thomas Worthcn … democracy in an increasingly complex world.
Guidelines for dialogue are intersubjectively possible and are necessary to cultivate democratic habits and political judgment---the affirmative’s rejection of normative constraints goes too far Jean-Michel Heimonet 9, Professor of French, American Catholic U, THE SACRED: MYSTICISM AND PRAGMATISM, THE MAJOR TRENDS IN CONTEMPORARY THEORY, http://www.crvp.org/book/Series07/VII-6/chapter-6.htm Beginning with Foucault these were … of results in daily life.
k
The affirmative will be incorporated … understood from a class-based perspective. D’Annibale and McLaren ‘4 (Valerie Catamburio, PhD, chairs the Graduate Program in Communication and Social Justice at the University of Windsor, and Peter, professor in the Division of Urban Schooling, Graduate School of Education and Information Studies, UCLA, “The Strategic Centrality of Class in the Politics of "Race" and "Difference”,” Cultural Studies = Critical Methodologies, Vol. 3, No. 2, 148-175 (2003), TH) Because post-al theories of … and genuine toleration of differences?” (pp. 232- 233).
Modern capitalism ensures that Differentiations … zones of sacrifice like debate BALIBAR 1 (Etienne, Emeritus Prof. of Philosophy @ U. of Paris X Nanterre and U. of Cal., Irvine, “Outlines of a Topography of Cruelty: Citizenship and Civility in the Era of Global Violence,” Constellations, Vol. 8.1) This paper is based on a … , seem to be mainly “economic.”
This debate is about competing methodologies. The question at the end of the debate is whose ethical orientation best catalyzes political organization against Capital. Vote negative to affirm the Communist Hypothesis as a prerequisite to political or personal calculations, which ensure that discussions in debate continue to operate from within a broader framework of capitalistic competition Badiou ‘9 (Alain, Prof. @ European Graduate School, Former chair of Philosophy @ École Normale Supérieure, The Meaning of Sarkozy, pgs. 97-103 bb) I would like to situate the Sarkozy episode, which is not an impressive page in French history, in a broader horizon. Let us picture a kind of Hegelian fresco of recent world history - by which I do not, like our journalists, mean the triad Mitterrand-Chirac-Sarkozy, but rather the development of the politics of working-class and popular emancipation over nearly two centuries. Since the French Revolution and … the history of this hypothesis.
This round is key – every act of discussion must be understoo0d as a point of metaphoric condensation for Communism. Badiou ‘10 (Alain, Prof. @ European Graduate School, Former chair of Philosophy @ École Normale Supérieure, The Idea of Communism, pgs. 11-13 bb) We will now ask: why … eternal consequences of an event.
Our ethico-political obligation is to assume responsibility for our actions. Capitalism renders its victims anonymous and ensures that the aff never comes to terms with the billions of degraded life choices globally Žižek and Daly ‘4 (Slavoj, Prof. of European Graduate School, Intl. Director of the Birkbeck Inst. for Humanities, U. of London, and Senior Researcher @ Inst. of Sociology, U. of Ljubljiana, and Glyn, Professor Intl. Studies @ Northampton U., “Risking the Impossible” http://www.lacan.com/zizek-daly.htm th) It is in the light … us to risk the impossible.
The 1AC’s insistence upon social change without reference to historical Marxist struggle makes enduring social change impossible and fails to create mass mobilization for change Bosteels ’11 (Bruno, Prof. of Romance Studies @ Cornell U., Badiou and Politics, pp. 280-285) THE COMMUNIST INVARIANTS In what … the various stages of Marxism.
case Anti-blackness should not be understood at the primary structuring force for history – it is a web of power embedded in historical processes. Their civil society ordering arguments are not sustainable. Hudson (Political Studies Department, University of the Witwatersrand , Johannesburg) 13 (Peter, Social Dynamics (2013): The state and the colonial unconscious, Social Dynamics: A journal of African studies, DOI: 10.1080/02533952.2013.802867) “Whiteness” as whiteness – the … identities are “white” under colonialism. Everyone is white in the colonial symbolic – including blacks; it is just that they are “less white” than “whites” to the point of not being at all – Fanon says again and again that “the black man desires to be white” – but, when he looks at himself through the eyes he has adopted, the “eyes” that are “his” – what he (qua white eyes) sees is something that doesn’t exist – “inequality, no non-existence” (Fanon 1968, 98, original emphasis). He “subsists at the level of non-being” (131) – just as the white, when it sees the black, sees an other that is, as Fanon says “absolutely not self,” so does the black see himself – “as absolutely not self” (114). This is the depth of the fissure in the black colonial subject position, caught between two impossibles: “whiteness,” which he desires but which is barred to him, and “black- ness,” which is “non-existence.” Colonialism, anxiety and emancipation3 Thus the self-same/other … constitutive axis, its “ontological” differential.
Refuse the characterization of blackness as ontological death – by asserting life in the face of structures of domination, blackness exceeds its own objectification – their framework is totalizing and historically incorrect. Brar 12 – (2012, Dhanveer Singh, PhD candidate, commnications,“Blackness, radicalism, sound: Black Consciousness and Black Popular Music in the U.S.A (1955-1971),” A thesis submitted for the degree of PhD in Media and Communications 2012, Goldsmiths College, University of London, http://eprints.gold.ac.uk/7806/1/MED_thesis_Brar_2012.pdf) Paying attention to phonic materiality … be a student of Black studies.
*2NC*
Capitalism reduces reality to crude economism – this instrumentality precludes ethics and results in inevitable environmental destruction Morgareidge ‘98 (Clayton, Prof of Philosophy … have a seat at the table.
The link only goes one way—we don’t render race secondary to class but understand that class relations are the mechanism which ACTUALIZES all forms of oppression—don’t risk the aff’s intersectional analysis which has historically rendered the material interplay of capitalism invisible McLaren and D’Annibale 4 (Peter, Professor at the Graduate School of Education at UCLA, and Valerie “Class Dismissed? Historical materialism and the politics of ‘difference’,” Philosophy of Education Society of Australasia)
This does not render as ‘… ‘difference’ as a primary explanatory construct.
Universalization is critical to any revolutionary politics McMillan ‘10 (Chris, PhD Candidate in … be excluded from the outset. (1985: 189)
The 1AC’s insistence upon social change without reference to historical Marxist struggle makes enduring social change impossible and fails to create mass mobilization for change Bosteels ’11 (Bruno, Prof. of Romance … Studies @ Cornell U., Badiou and Politics, pp. 280-285)
THE COMMUNIST INVARIANTS In what … the various stages of Marxism.
1 Statutory restrictions are placed by legislation- that means Congress has to do them Black’s Law Dictionary 2013 (Date is date accessed, Aug 13, http://thelawdictionary.org/statutory-restriction/#ixzz2bsSCuBEj) Limits or controls that have been place on activities by its ruling legislation.
Judicial restrictions means the courts Google Dictionary ‘13 Google Dictionary, 2013, “Judicial” of, by, or … appropriate to a court or judge.
The plan as written allows executive action – says USFG and doesn’t even say restrict - that’s extra-topical- specifically used to eliminate counterplan competition- they don’t get to write their plan in ways that could be untopical
You should specifically protect debates over which branch enacts reforms- they’re the core controversy of authority debates Sinnar, assistant professor of law at Stanford Law School, May 2013 (Shirin, “Protecting Rights from Within? Inspectors General and National Security Oversight,” 65 Stan. L. Rev. 1027, Lexis) More than a decade after September 11, 2001, … congressional enfeeblement and judicial abdication.
2 WRDA will pass, top of the docket Snider 12-23 (“What to watch for in 2014: Water, Amtrak, highway bills — Baucus transpo draft out soon? — Pols keep up PTC pressure — A feel-good TSA story”) WHAT TO WATCH FOR NEXT …
Plan saps PC – that derails the agenda Kriner ’10 (Douglas L., assistant professor of … him in the international arena.
Capital key Glass ‘13 (3-12 Pamela,- Washington, D.C., correspondent for WorkBoat “Waterways issues advance in divided Washington”) For the first time, President … the moment to be seized.”
The impact is the economy and global conflict Jackson ’07 (Donald E,- Col. US Army “Leveraging the Strategic Value of the U.S. Inland Waterway System”) The United States is currently … trends, and develop future capabilities.24
3 Restricting ability to use force causes Israeli panic Malka 11 Haim Malka is deputy director and senior fellow in the Middle East Program at CSIS "Uncertain Commitment: Israeli Assessments of US Power" csis.org/files/publication/110613_malka_CapacityResolve_Web.pdf Ongoing Israeli mistrust of President … but for U.S. interests as well.
The plan’s perception of non-commitment radicalizes Israeli foreign policy and causes greater self-reliance Malka 11 Haim Malka is deputy director and senior fellow in the Middle East Program at CSIS "Uncertain Commitment: Israeli Assessments of US Power" csis.org/files/publication/110613_malka_CapacityResolve_Web.pdf
More broadly, U.S. indecision and passivity … Israel and the United States.
Israeli self-reliance causes war Beres 11 Louis René Beres is a professor of Political Science at Purdue University, an expert on Israeli security matters and the author of 10 major books and several hundred journal articles on international relations and international law. "The unforeseen risks of Palestinian statehood" 6/9/11www.haaretz.com/print-edition/opinion/the-unforeseen-risks-of-palestinian-statehood-1.382766
In turn, such self-reliance … future, with enemy nuclear counterstrikes.
4
The United States federal government should collaborate with Iran on scientific projects that carry no proliferation risk. The United States federal government should not threaten to strike or strike Iran.
Scientific collaboration solves all of … way to smooth over threats NIAC 12/20 National Iranian American Council, nonpartisan, nonprofit organization dedicated to advancing the interests of the Iranian-American community, How to Secure a Final Nuclear Deal with Iran, 12/20/13, http://www.payvand.com/news/13/dec/1112.html The West can weaken the … National Iranian American Council (NIAC). The report's authors presented their findings and release the report to the public at a briefing at the Atlantic Council in Washington, DC on Wednesday, December 18, 2013. "… deal in Iran can deliver."
Iran wants negotiations- interim deal proves they’ll be successful PressTV ‘13 PressTV, Iran favors nuclear diplomacy with world powers: Iran official, December 24, 2013, http://www.presstv.ir/detail/2013/12/24/341701/iran-favors-nuclear-diplomacy/ “The Islamic Republic of … in conformity with international regulations." Velayati, who also heads the Center for Strategic Research (CRS) of Iran’s Expediency Council, was referring to nuclear talks between Iran and the Sextet of world powers – the United States, France, Britain, Russia, China and Germany. In November, Iran and the … Iran within the same timeframe.
Oman’s guiding talks- they’re central and mean the squo solves the aff Solomon in 12/29 JAY SOLOMON, Wall Street Journal, Dec. 29, 2013, Oman Stands in U.S.'s Corner on Iran Deal, http://online.wsj.com/news/articles/SB10001424052702304753504579284870097243180 Washington has gained a little-known … President Barack Obama's second term. November's interim agreement between world powers and Tehran seeks to curb the most advanced elements of Iran's nuclear program in exchange for an easing of Western sanctions. Saudi Arabia, the United Arab Emirates and some other Gulf states have attacked the U.S. outreach to Iran and doubt it will do enough to deny Tehran a nuclear weapon. They have pressed for additional steps to isolate Tehran. New details of Oman's efforts … personally steered the U.S.-Iranian rapprochement.
Expert meetings all that’s necessary- going to solve in the next few days PressTV 1/4 PressTV, Araqchi, Schmid to resolve remaining nuclear issues, Jan 04, 2014, http://www.presstv.ir/detail/2014/01/04/343619/iran-eu-diplomats-to-meet-soon/ Iran’s Deputy Foreign Minister for … the next days,” he added. The Iranian diplomat noted that expert-level talks between Iran and the Sextet are almost over. “Only one or two issues have remained which require a political decision by both sides to be settled,” Takht-e Ravanchi said.
Iran is looking to compromise … flexibility is key to negotiations Benen, 9/20/13 - producer for "The Rachel Maddow Show," a blogger at Maddow Blog, and an MSNBC political contributor (Steve, “When crises become opportunities,” http://maddowblog.msnbc.com/_news/2013/09/20/20599445-when-crises-become-opportunities?lite) When it comes to the Middle East, progress has never moved in a straight line. There are fits and starts, ebbs and flows. There are heartening breakthroughs and crushing disappointments, occasionally at the same time. That said, while the domestic … imagine up until very recently. This morning, for example, the Organization for the Prohibition of Chemical Weapons (OPCW) announced that Syria has taken its first steps towards detailing its stockpiles. Michael Luhan, a spokesperson for the Hague-based chemical weapons regulator, said in a statement, "The OPCW has received an initial disclosure from the Syrian Government of its chemical weapons programme, which is now being examined by the Technical Secretariat of the Organisation." Meanwhile, Iranian President Hasan Rouhani … goal of ending crippling sanctions." David Sanger summarized the bigger picture nicely. Only two weeks after Washington and the nation were debating a unilateral military strike on Syria that was also intended as a forceful warning to Iran about its nuclear program, President Obama finds himself at the opening stages of two unexpected diplomatic initiatives with America's biggest adversaries in the Middle East, each fraught with opportunity and danger. Without much warning, diplomacy is … it could race for a bomb. The surprising progress has come so suddenly that a senior American diplomat described this week's developments as "head spinning." So what happens next? The consensus among many foreign … diplomacy toward the Middle East.
Uncertainty over war powers keeps … both strike and back down Zeisberg, 9/25/13 - associate professor of political science at the University of Michigan (Mariah, “Debate over War Powers may yield positive outcome” http://blog.constitutioncenter.org/2013/09/debate-over-war-powers-resolution-may-yield-positive-outcome/) Uncertainty about what the Constitution … Syria without Congressional (or UN) authorization. Robert Gates criticized the president for running a risk of looking “weak” if Congress did not authorize military action, and agreed with Leon Panetta that the president obviously has all power needed for strikes in Syria. On the other hand, constitutional … for a presidential strike in Syria. While the Constitution tells us that Congress has the power to “declare war,” the text nowhere defines what kinds of hostilities count as war – which has enabled some opportunism in the Obama administration, and in many other presidential administrations too. Even the War Powers Resolution … the branches’ war powers regime. What to make of these tensions and ambiguities? Has the Constitution failed in its task to provide a definitive legal framework that can guide decision-makers about important questions such as which institution has the power to take the country to war? Isn’t the point of a Constitution to resolve this kind of conflict? If it is so pervasively difficult to read our political culture and know which branch has war authority, then does that mean that the Constitution has failed to do its job – or worse, that we are witnessing an epidemic of reckless infidelity to the Constitution’s mandates? In fact, I think that uncertainty … but may actually carry benefits. As diplomacy around Syria unfolds, I want to draw attention to a few of the intersections between domestic constitutional debates and the conditions for effective international action. First, it is arguably the … such a claim to be credible. At the same time, such a claim, unresisted, raises the specter of undefined aims, mission creep, costly wars without broad public support, unconsidered policy complexities, and troubling bellicose precedent that are a hallmark of presidentialism in war. This is, in part, why congressional mobilization to defend its institutional prerogatives has been so welcomed by some prominent war powers scholars. Obama’s subsequent willingness to back … inclination to act at all.” We have yet to see what kind of domestic or international push-back would await him if he tried to translate this rhetorical willingness to act outside the UN into concrete action. Obama’s constitutional “vacillations” may end … weapons. Only time will tell. For constitutional scholars, it is worth noting the positive role that uncertainty and textual ambiguity can create in generating good international outcomes.
Giving Congress the ability to say no will tank negotiations by emboldening hardliners – this triggers Israeli strikes Ross, 9/9/13 - a counselor at the Washington Institute for Near East Policy, was a senior Middle East adviser to President Obama from 2009 to 2011, Director of Policy Planning for the State Department under George H.W. Bush, the Special Middle East coordinator under Clinton (Dennis, “Blocking action on Syria makes an attack on Iran more likely” Washington Post, http://www.washingtonpost.com/opinions/blocking-action-on-syria-makes-an-attack-on-iran-more-likely/2013/09/09/dd655466-1963-11e3-8685-5021e0c41964_story.html) Still, for the opponents of … get their way on Syria. Ironically, if these opponent succeed, they may prevent a conflict that President Obama has been determined to keep limited and has the means to do so. After all, even after Israel acted militarily to enforce its red line and prevent Syria’s transfer of advanced weapons to Hezbollah in Lebanon, Assad, Iran and Hezbollah have been careful to avoid responding. They have little interest in provoking Israeli attacks that would weaken Syrian forces and make them vulnerable to the opposition. For all the tough talk … will — and maybe it should.
Iran prolif slow, uncertain, and no impact Robinson 12 (Eugene Robinson, “Gulf War … the added clout they seek.
Nuclear Iran won’t trigger Middle East prolif Waltz 12 (Kenneth N. Waltz, Senior Research Scholar at the Saltzman Institute of War and Peace Studies and Adjunct Professor of Political Science at Columbia University, Foreign Affairs, Jul/Aug 2012, Vol. 91, Issue 4) Another oft-touted worry is … stable than it is today.
New statutory restrictions collapse executive … the way we make war.
All escalates to great power war Yoo 9 (John, Emanuel S. Heller Professor … Harvard, “Crisis and Command,” Book, p. 360-63 *We do not endorse ableist language What did not happen in … differently. The costs of congressional
4th generational warfare means we need executive control Li, 9 - J.D. candidate, Georgetown University Law Center, 2009; B.A., political science and history, Yale University, 2006 (Zheyao, “War Powers for the Fourth Generation: Constitutional Interpretation in the Age of Asymmetric Warfare” 7 Geo. J.L. and Pub. Pol'y 373, Winter, lexis) Even as the quantity of … conflicts against fourth-generational opponents.
Heg solves extinction – empirics prove Barnett, 11 - chief analyst at Wikistrat, … in the geometry to come.
Don’t sleep on Barry O – he’s way more popular than Congress Sattler 13 (Jason, "Obama Still Most Popular World Leader," National Memo, September 4, www.nationalmemo.com/poll-obama-still-most-popular-world-leader/ Though his popularity is down … remains President Obama’s greatest advantage.
This advantage is really old … been around for over 30 years McLaurin 6 (Luke A. McLaurin, Can the President "Unsign" A Treaty? A Constitutional Inquiry, 84 Wash. U.L. Rev. 1941, 1953 (2006)) The long-standing precedent of … and against unilateral presidential unsigning.
If their advantages haven’t happened after 30 years and multiple instances of executive withdrawals it’ll never Wolff 12 (David , Reasserting Its Constitutional Role: Congress' Power to Independently Terminate A Treaty, 46 U.S.F. L. Rev. 953, 961 (2012)) For the last thirty years, … for a President's unilateral termination authority.64
The executive is key – this turns all their internal links – aff guarantees foreign policy failure McLaurin 6 (Luke A. McLaurin, Can the President "Unsign" A Treaty? A Constitutional Inquiry, 84 Wash. U.L. Rev. 1941, 1953 (2006)) In dealing with other countries, … of coordinating American foreign policy.
Oman is central in keeping the pressure off Iran- that solves their pressure internal link- empirically proven Solomon in 12/29 JAY SOLOMON, Wall Street Journal, Dec. 29, 2013, Oman Stands in U.S.'s Corner on Iran Deal, http://online.wsj.com/news/articles/SB10001424052702304753504579284870097243180 Mideast watchers were stunned this … American hikers, said senior U.S. officials.
O/w on timeframe – mere perception of presidential weakness wrecks deterrence and causes crisis escalation Waxman 8/25/13 Matthew Waxman, Professor of Law @ Columbia and Adjunct Senior Fellow for Law and Foreign Policy @ CFR, citing William Howell, Sydney Stein Professor in American Politics @ U-Chicago, and Jon Pevehouse, Professor of Political Science @ U-Wisconsin-Madison, “The Constitutional Power to Threaten War,” Forthcoming in Yale Law Journal, vol. 123, August 25, 2013, SSRN A claim previously advanced from a … prevent a confrontation which might escalate.179
That also collapses heg Bolton 9 (John R. Senior fellow at the American Enterprise Institute and Former U.S. ambassador to the United Nations, “The danger of Obama's dithering,” Los Angeles Times, October 18, http://articles.latimes.com/2009/oct/18/opinion/oe-bolton18 Weakness in American foreign policy … simply embodies weakness and indecision.
And loss of cred spills over to all Middle East policies Bolton 11 (John Bolton, former UN … Ambassador, “BOLTON: War-powers crisis Obama’s Libyan debacle could undercut U.S. credibility elsewhere”, Senior Fellow at the Enterprise Institute, June 6, 2011, http://www.washingtontimes.com/news/2011/jun/6/war-powers-crisis-866092872/) While passage of the Kucinich … has already caused significant damage.
Impact is existential Weinberger 9 Seth Weinberger, Assistant Professor in the Department of Politics and Government at the University of Puget Sound, M.A. and Ph.D. in Political Science from Duke University, "Balancing War Powers in an Age of Terror", The Good Society, 18(2), http://muse.jhu.edu/journals/good_society/v018/18.2.weinberger.html In wartime, however, it may … to advance the war effort.
Best statistical studies prove heg solves war – violence is declining and heg maintains free trade, deterrence, democracy and other proximate checks Owen 11 – John M. Owen Professor of Politics at University of Virginia PhD from Harvard "DON’T DISCOUNT HEGEMONY" Feb 11 www.cato-unbound.org/2011/02/11/john-owen/dont-discount-hegemony/
Andrew Mack and his colleagues … will not fight one another. Their colossal atomic arsenals neither kept the United States at peace with North Vietnam during the Cold War nor the Soviet Union at peace with Afghanistan. But the argument remains strong that those arsenals did help keep the United States and Soviet Union at peace with each other. Why non-nuclear states are not deterred from fighting nuclear states is an important and open question. But in a time when calls to ban the Bomb are being heard from more and more quarters, we must be clear about precisely what the broad trends toward peace can and cannot tell us. They may tell us nothing about why we have had no World War III, and little about the wisdom of banning the Bomb now. Regarding the downward trend in … , including to end civil wars. We would still need to explain how this charmed circle of causes got started, however. And here let me raise another factor, perhaps even less appealing than the “nuclear peace” thesis, at least outside of the United States. That factor is what international relations scholars call hegemony—specifically American hegemony. A theory that many regard … for liberal democracy remains strong.
Social science proves—multipolarity supports the natural incentive to seek status by fighting Wohlforth, 09 – professor of government at Dartmouth (William, “Unipolarity, Status Competition, and Great Power War,” World Affairs, January, project muse) The upshot is a near scholarly consensus that unpolarity’s consequences for great power conflict are indeterminate and that a power shift resulting in a return to bipolarity or multipolarity will not raise the specter of great power war. This article questions the consensus on two counts. First, I show that it depends crucially on a dubious assumption about human motivation. Prominent theories of war are based on the assumption that people are mainly motivated by the instrumental pursuit of tangible ends such as physical security and material prosperity. This is why such theories seem irrelevant to interactions among great powers in an international environment that diminishes the utility of war for the pursuit of such ends. Yet we know thatpeople are motivated by a great many noninstrumental motives, not least by concerns regarding their social status. 3 As John Harsanyi noted, “Apart from economic payoffs, social status (social rank) seems to be the most important incentive and motivating force of social behavior.”4 This proposition rests on much firmer scientific ground now than when Harsanyi expressed it a generation ago, as cumulating research shows thathumans appear to be hardwired for sensitivity to status and that relative standing is a powerful and independent motivator of behavior.5 End Page 29 Second, I question the dominant view that status quo evaluations are relatively independent of the distribution of capabilities. If the status of states depends in some measure on their relative capabilities, and if states derive utility from status, then different distributions of capabilities may affect levels of satisfaction, just as different income distributions may affect levels of status competition in domestic settings. 6 Building on research in psychology and sociology, I argue that even capabilities distributions among major powers foster ambiguous status hierarchies, which generate more dissatisfaction and clashes over the status quo. And the more stratified the distribution of capabilities, the less likely such status competition is. Unipolarity thus generates far fewer incentives than either bipolarity or multipolarity for direct great power positional competition over status. Elites in the other major powers continue to prefer higher status, but in a unipolar system they face comparatively weak incentives to translatethat preference into costly action. And the absence of such incentives matters because social status is a positional good—something whose value depends on how much one has in relation to others.7 “If everyone has high status,” Randall Schweller notes, “no one does.”8 While one actor might increase its status, all cannot simultaneously do so. High status is thus inherently scarce, and competitions for status tend to be zero sum.9
Type II errors outweigh – Congress voted against entering some of the most important wars that stabilized the current international order, i.e. WWII Nzelibe and Yoo 13 (Jide Nzelibe, Assistant Professor of Law, Northwestern University Law School, and John Yoo, Professor of Law, University of California at Berkeley School of Law, “Rational War and Constitutional Design,” The Yale Law Journal, Vol. 115, No. 9, 12/8/13)
FUNCTIONAL PURPOSES OF THE … benefits claimed by its proponents.
I recently posted my new paper on The Constitutional Power to Threaten War (forthcoming, Yale Law Journal). The basic idea is that existing debate and legal scholarship about constitutional war powers focuses overwhelmingly on the President’s and Congress’s share of power to initiate military engagements. It ignores the allocation of legal power to threaten military force or war, even though threats – to coerce or deter enemies and to reassure allies – is one of the most important ways in which the United States government wields its military might.¶ Here are three issues discussed in the paper that relate to Syria and the President’s relations with Congress, including his request for force authorization. Note as a preliminary matter that although the immediate issue for Congress is whether to authorize a proposed package of attacks on Syria, more generally it is being asked now (or should be asked) to buy into the President’s strategy of enforcing the norm against using chemical weapons with U.S. military power.¶ First, a point about constraints on the President: Whatever one thinks about the President’s constitutional authority to make good on his threat against Syria with military force, I’ve not heard anyone question his authority to have unilaterally issued the threat to begin with – that is, his authority to draw a red line on chemical weapon use and imply that the United States would respond forcefully. Most would agree, though, the President has been politically constrained in what he’s communicated through words and actions to the Syrian government, U.S. allies, and others.¶ Some of that political constraint has probably come from Congress all along, and even if Congress were unlikely to wield formal legislative power to terminate or cut-off funds from a Syria operation that the President might launch on his own, Congress’s influence derives in part from its institutional position to make things difficult for the President, and even from influential members’ ability to speak out publicly in ways that might undermine the credibility of presidential threats. Law helps constitute the processes of political struggles in any area of public policy, but what is special here in the context of deterrent strategy is the added importance of foreign audiences – including adversaries and allies, alike – observing and reacting to those politics, too. Their Card Ends Second, while Congress’s political and … is better for communicating that threat credibly – a legally agile president or a legally constrained one? How does the process of seeking legislative authorization affect how signals are understood by adversaries as well as allies and partners?
The plan would uniquely decimate … global nuclear war more likely WAXMAN 2013 - law professor at Columbia Law School, co-chairs the Roger Hertog Program on Law and National Security (Matthew Waxman, “The Constitutional Power to Threaten War,” August 27, 2013, http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2316777) As a prescriptive matter, Part II … of presidential threats to escalate.
Imagine that U.S. agents nab a terrorist who knows the location of a ticking nuclear bomb and receive authorization from the president to torture him. Torture violates the law. So what happens next? Many people think the answer is straightforward. The agents and the president would face trial, conviction, jail time. The law is the law, and applies to everyone.¶ But there is a tradition of liberal political thought that suggests otherwise. Many of the American founders, influenced by Locke, believed in executive prerogative—the doctrine that the president enjoys the power to do what he believes is necessary to protect the country from threats to its security. The Constitution gives lawmaking authority to Congress, but general laws passed during times of peace cannot anticipate all the contingencies that arise in an emergency, and Congress is ill-equipped to pass new laws after the emergency has begun. If the president does not have discretion to take emergency actions that lack legal authorization or even violate existing laws, he will not be able to protect the nation. But if the president does have discretion to take actions he believes are necessary during an emergency, what prevents him from crowning himself dictator?¶ Benjamin Kleinerman offers a way out of this dilemma. He argues that the president needs the discretionary power to disregard the law during emergencies, but also that actions taken pursuant to this power should not be regarded as within his legal power. The president may use his “extra-constitutional” authority to take such actions if they are necessary to protect the nation; the actions must be taken during “extraordinary” rather than ordinary times, and they must not reflect the president’s personal views about what is morally important or politically expedient. If the president does not satisfy these conditions, the public must pressure Congress to impeach him. If he does satisfy them, his actions undergo a kind of constitutional baptism that washes away the taint of illegality.¶ Consider the example of Abraham Lincoln, who is Kleinerman’s hero. In the Emancipation Proclamation, Lincoln confiscated the property of slave owners without congressional authorization or legal process—a clear violation of the law at the time. But the Emancipation Proclamation was a military necessity in the war against the Confederacy. It was not motivated by a moral repugnance of slavery; that is why Lincoln did not emancipate all slaves, such as those in the friendly border states. And because this action took place during extraordinary times, it did not set a precedent that the executive can unilaterally confiscate property whenever it wants to do so. Lincoln acted outside of the Constitution, but because the people ultimately validated his actions, his actions became constitutional. (For unexplained reasons, it was sufficient that Northerners delivered this validation while Southerners remained mute.)¶ Kleinerman lambasts George W. Bush for not following this formula and instead claiming constitutional authority to protect the country using whatever means necessary. But Kleinerman cannot make up his mind about the ill consequences of Bush’s actions. He says that Bush has created dangerous precedents that will allow future executives to engage in abuse, but also that Bush might inspire a legalistic backlash that will prevent future executives from protecting the nation, and even that Bush will have created insufficient discretion for future executives because even Bush’s lawyers acknowledge that certain legal constraints remain. All three cannot be the case. Meanwhile, Lincoln, according to Kleinerman, avoided these bad consequences by acting extra-constitutionally. Lincoln established no legal precedents, while preserving maximal extra-constitutional discretion to address emergencies in the future. But why should it matter whether the precedent is legal or political?¶ To support this argument, Kleinerman makes some tricky assumptions about political psychology. He claims that the public is apathetic about government but fretful about security. If an emergency strikes, people eagerly put their faith in a president who takes a muscular response. If they believe that the president has the legal right to disregard statutes in emergencies, they are likely to acquiesce in an executive response that is unwise and even abusive. If they believe that the president has no such right, so that the president will have to claim extra-constitutional powers to break the law, they will be in a better position to judge the extent to which he upholds constitutional values, so that constitutional structures may be re-established when normal times return. Congress, in turn, can more easily impeach a president who abuses his discretionary power if emergency actions taken by the executive are regarded as extra-constitutional than if they are regarded as legal under the Constitution. ¶ Their card ends This is pretty fancy footwork … impeachment or at the polls.
Plan allows Congress to vocally … destroys international perception of U.S. resolve Waxman 8/25/13 Matthew Waxman, Professor of Law @ Columbia and Adjunct Senior Fellow for Law and Foreign Policy @ CFR, citing William Howell, Sydney Stein Professor in American Politics @ U-Chicago, and Jon Pevehouse, Professor of Political Science @ U-Wisconsin-Madison, “The Constitutional Power to Threaten War,” Forthcoming in Yale Law Journal, vol. 123, August 25, 2013, SSRN When members of Congress vocally oppose … involve vital strategic interests.145
Executive flexibility and ability to … to solve multiple nuclear threats Li 9 Zheyao, J.D. candidate, Georgetown University Law Center, 2009; B.A., political science and history, Yale University, 2006. This paper is the culmination of work begun in the "Constitutional Interpretation in the Legislative and Executive Branches" seminar, led by Judge Brett Kavanaugh, “War Powers for the Fourth Generation: Constitutional Interpretation in the Age of Asymmetric Warfare,” 7 Geo. J.L. and Pub. Pol'y 373 2009 WAR POWERS IN THE FOURTH GENERATION OF WARFARE A. The Emergence of Non-State Actors Even as the quantity of … -generational conflicts against fourthgenerational opponents.
Congress is too slow to respond to 21st century threats – executive deference is critical Andrew Rudalevige 6, the Thomas Brackett Reed Professor of Government @ Bowdoin College, “The New Imperial Presidency,” UMich-Ann Arbor Press, Book, p. 264-67 That fragmentation is most obvious … , if anything, is more devastating.14
Emboldened rogue states threaten nuclear war --- crisis management is key to solve Dibb 6 Emeritus Prof of IR @ Australian National University, Sydney Morning Herald (Australia), August 15, 2006 Tuesday, As one nuclear flashpoint reaches a lull, another simmers away, Pg. 11, Lexis NOW that the building blocks for achieving a …. collision between Iran and Israel in the Middle East.
Effective executive response is key … , Russian aggression, and Senkaku conflict Ghitis 13 (Frida, world affairs columnist for The Miami Herald and World Politics Review. A former CNN producer and correspondent, she is the author of The End of Revolution: A Changing World in the Age of Live Television. “World to Obama: You can't ignore us,” 1/22, http://www.cnn.com/2013/01/22/opinion/ghitis-obama-world) And while Obama plans to … did during his inaugural speech.
*1NR*
Judicial restrictions mean the courts have to limit executive freedom of action, statutory restrictions mean Congress has to pass legislation- the plan just says USFG, which includes the executive as a potential enactor of the plan as well as administrative agencies- neither of those is topical Black’s Law Dictionary 90 6th Edition, p. 695. In the United States, government … , and city and township governments.
Only strictly look at the … predictability and prevent arbitrary decisionmaking Eskridge 13 (William, Professor of Law at the Yale Law School, "The New Textualism and Normative Canons," Columbia Law Review, www.columbialawreview.org/wp-content/uploads/2013/03/Eskridge.pdf) So what has the debate … for the rule of law.”12
*2NR*
Their examples aren’t contextually correct Nzelibe and Yoo 6 (Jide and John, Jide Nzelibe is Assistant Professor of Law, Northwestern University Law School. John Yoo is Professor of Law, University of California at Berkeley School of Law (Boalt Hall), and Visiting Scholar, American Enterprise Institute. This Essay benefited from comments received at a conference on rational choice and constitutional law at Boalt Hall and faculty workshops at the University of Minnesota Law School, Yale Law School, and Vanderbilt University Law School. Rational War and Constitutional Design, 115 Yale L.J. 2512, 2516 (2006))
The nature of the authorization impacts … private information about its expected value of war.
1/6/14
Wake Round 2
Tournament: Shirley | Round: 2 | Opponent: Southern California Purk-Vitzileos | Judge: Paul *1NC* 1 Authority is what the president … not what the president can do Ellen Taylor 96, 21 Del. J. Corp. L. 870 (1996), Hein Online The term authority is commonly … and what the agent may do.
Statutory Restriction is legislation to … , plan doesn’t directly limit strikes Black’s Law Dictionary 2013 (Date is date accessed, Aug 13, http://thelawdictionary.org/statutory-restriction/#ixzz2bsSCuBEj) Limits or controls that have been place on activities by its ruling legislation.
They have to restrict the … without ruling any options out
Limits- they allow policy that … is a limitless set of affs
Ground- undermines core generics because it doesn’t remove any presidential options- slants side bias
2 Congress will hold off on sanctions now --- capital key, top of the docket Ackerman 11-8 (Spencer,- national security editor for Guardian US. A former senior writer for Wired, he won the 2012 National Magazine Award for Digital Reporting “White House ambitions on Iran deal face challenge from hawks in Congress”) As soon as the Obama … consequences of damaging a nuclear deal.”
Judicial interference in drone policy wrecks PC---Obama would fight Elinor June Rushforth 12, J.D. candidate, University of Arizona, James E. Rogers College of Law, Class of 2013, Fall 2012, “NOTE: THERE'S AN APP FOR THAT: IMPLICATIONS OF ARMED DRONE ATTACKS AND PERSONALITY STRIKES BY THE UNITED STATES AGAINST NON-CITIZENS, 2004-2012,” Arizona Journal of International and Comparative Law, 29 Ariz. J. Int'l and Comp. Law 623, p. lexis Because of staunch political and … targeted killing would be fought.
Key to regional stability --- multiple scenarios Saless 9-10 (Shahir Shahid,- political analyst and journalist, writing primarily about Iran's domestic and foreign affairs for the Asia Times and IranAmerica “A Chance at Last”) Iran’s economy is in crisis. … irrational and potentially dangerous path.
The Middle East is a powderkeg Trabanco 09 – Independent researcher of geopolitical and military affairs, Global Research José Miguel Alonso Trabanco (Degree in IR @ Monterrey Institute of Technology and Higher Studies, Mexico City and frequent contributor to Global Research), “The Middle Eastern Powder Keg Can Explode at Anytime,” Global Research, January 13, 2009, pg. http://www.globalresearch.ca/index.php?context=vaandaid=11762 China has become an important … Russia) might become somehow involved. Although Iran is targeted by American neocons for belonging to the so called 'Axis of Evil', Ahmadinejad's government has been pragmatic enough to engage the Americans in covert negotiations about Iraq becoming some sort of buffer state which does not become a client state of neither America nor Iran. Perhaps that is one of the reasons the US has delayed a strike on Iran even though Washington refuses to dismiss its military threat. Israel's operation Cast Lead, as … likelihood of war will increase. As the Prussian strategist Carl Von Clausewitz warned: "War is a gamble" and Operation Cast Lead might bring about some serious consequences indeed. Whether its outcomes are unintended or deliberate is yet to be seen. For instance, Israel's military incursion … Americans and/or the Israelis. Those Arab governments are afraid of Iran's using its proxies and allies to fuel unrest and to topple them, thus advancing Teheran's agenda of becoming a regional leader. If those governments are overthrown, their hypothetical successors will surely be much less willing to collaborate with the West, which knows that, if such thing ever happens, the Middle Eastern balance of power would dramatically change, not to mention that the price of oil would skyrocket. Israel fears a nuclear Iran would mean the end of the Israeli monopoly over nuclear weapons in the region. An Iran armed with nuclear weapons (even if it is ruled by hardline Mahmud Ahmadinejad) would not be foolish enough to attack Israel first because Teheran is well aware of Israel's menacing stockpile of nuclear weapons. So what the Israeli government … seduce Syria away from Iran. On the other hand, the West is not afraid of a nuclear Iran per se. One can infer that from their refusal to do anything meaningful to prevent the acquisition of nuclear weapons by States like India, Israel or Pakistan. Rather, the Americans and the Europeans cannot accept a 'Pax Iranica' in the Middle East because Teheran would, de facto, control a zone which contains the world's largest oil reserves, a resource the Western economies have to import because their domestic supplies are not enough to meet their consumption needs. In case of an Israeli … the middle of a powder keg.
3 Ex-post review would involve rulings on fundamental questions of overall TK legality like the scope of armed conflict with Al-Qaeda and the executive’s interpretation of imminence Jonathan Hafetz 13, Associate Professor of Law, Seton Hall University School of Law, 3/8/13, “Reviewing Drones,” http://www.huffingtonpost.com/jonathan-hafetz/reviewing-drones_b_2815671.html The better course is to … definition of an "imminent" threat. Judges must also be able to afford a remedy to victims. Mistakes happen and, as a recent report by Columbia Law School and the Center for Civilians in Conflict suggests, they happen more than the U.S. government wants to acknowledge. Errors are not merely devastating for family members and their communities. They also increase radicalization in the affected region and beyond. Drone strikes -- if unchecked -- could ultimately create more terrorists than they eliminate. Courts should thus be able to review lethal strikes to determine whether they are consistent with the Constitution and with the 2001 Authorization for Use of Military Force, which requires that such uses of force be consistent with the international laws of war. If a drone strike satisfies these requirements, the suit should be dismissed.
Blame-dodging- plan creates political incentives that deter strikes in the first place Oliphant, 13 -- National Journal deputy magazine editor James, “Vetting the Kill List,” 5-30-13, http://www.nationaljournal.com/magazine/vetting-the-kill-list-20130404, accessed 8-16-13, mss Given that reality, shifting the … once put it: “Trust, but verify.”
Aggressive CT to disrupt senior AQ leadership is the key internal link to nuclear terror attacks – need to stop the planning process. Montgomery 09 – (2009, Evan Braden, Research Fellow, has published on a range of issues, including alliance politics, nuclear terrorism, military doctrine, and political revolutions, Center for Strategic and Budgetary Assessments, MA in Foreign Affairs, PhD Candidate at UVA, “Nuclear Terrorism: Assessing the Threat, Developing a Response,” http://www.dtic.mil/cgi-bin/GetTRDoc?AD=ADA506768) The second major implication addresses … the future has correspondingly increased.
Nuclear terror causes accidental US-Russia nuclear war. Barrett et al. 2013 – (6/28, Anthony, PhD, Engineering and Public Policy from Carnegie Mellon University, Director of Research, Global Catastrophic Risk Institute, Fellow in the RAND Stanton Nuclear Security Fellows Program, Seth Baum, PhD, Geography, Pennsylvania State University, Executive Director, GCRI, Research Scientist at the Blue Marble Space Institute of Science, former Visiting Scholar position at the Center for Research on Environmental Decisions at Columbia University, and Kelly Hostetler, Research Assistant, GCRI, “Analyzing and Reducing the Risks of Inadvertent Nuclear War Between the United States and Russia,” Science and Global Security 21(2): 106-133, pre-print, available online) War involving significant fractions of … to misinterpret events as attacks.16
Drones solve Pakistani instability. Curtis 13 – (7/16, Lisa, Senior Researcher, Heritage Foundation, “Pakistan Makes Drones Necessary,” http://www.heritage.org/research/commentary/2013/7/pakistan-makes-drones-necessary) Drones Help Pakistan It is no secret that … judicious use of drone strikes. Complicated Relationship The U.S. will need to keep a … groups like the Haqqani Network.
Drones are the only barrier to insurgent takeover – no alternatives Vira 12 – (10/12, Varun, researcher and anayst, Small Wars Journal, author of an extensive report on Pakistan by the Center for Strategic and International Studies, “Anti-Drone Hysteria in Pakistan Obscures Governance Failures,” World Politics Review, http://www.worldpoliticsreview.com/articles/12415/anti-drone-hysteria-in-pakistan-obscures-governance-failures) Though drones are not ideal, … themselves that continue to suffer.
Escalates to nuclear war. Pitt 09 – a New York Times and internationally bestselling author of two books: "War on Iraq: What Team Bush Doesn't Want You to Know" and "The Greatest Sedition Is Silence." (5/8/09, William, “Unstable Pakistan Threatens the World,” http://www.arabamericannews.com/news/index.php?mod=articleandcat=commentaryandarticle=2183) But a suicide bomber in Pakistan … situation. So should we all.
4 Text: The United States Supreme Court should overturn United States v. Reynolds, holding the state secrets privilege is unconstitutional.
The state secrets doctrine is a judicially created rule of evidence– they 100 have the power to overturn it EFF 13 (Electronic Frontier Foundation, "The State Secrets PRivilege," https://www.eff.org/nsa-spying/state-secrets-privilege) What is the State Secrets … the trial goes on without it.”¶
5
The plan would would uniquely … of presidential threats to escalate.
Executive key to speed Li, 9 - J.D. candidate, Georgetown University Law Center, 2009; B.A., political science and history, Yale University, 2006 (Zheyao, “War Powers for the Fourth Generation: Constitutional Interpretation in the Age of Asymmetric Warfare” 7 Geo. J.L. and Pub. Pol'y 373, Winter, lexis) Even as the quantity of … conflicts against fourth-generational opponents.
State secrets key to heg Turner 9 – (2009, Robert, Professor, University of Virginia (General Faculty), and Associate Director of the Center for National Security Law, Former Charles H. Stockton Professor of International Law at the Naval War College and chair of the ABA Standing Committee on National Security, “THE CONSTITUTIONAL FOUNDATION FOR FACT DEFERENCE IN NATIONAL SECURITY CASES,” VIRGINIA LAW REVIEW IN BRIEF VOLUME 95 DECEMBER 7,2009 PAGES 87-96) Even where the Constitution has … our military forces at war.
Best statistical studies prove heg solves war – violence is declining and heg maintains free trade, deterrence, democracy and other proximate checks Owen 11 – John M. Owen Professor of Politics at University of Virginia PhD from Harvard "DON’T DISCOUNT HEGEMONY" Feb 11 www.cato-unbound.org/2011/02/11/john-owen/dont-discount-hegemony/ Andrew Mack and his colleagues … will not fight one another. Their colossal atomic arsenals neither kept the United States at peace with North Vietnam during the Cold War nor the Soviet Union at peace with Afghanistan. But the argument remains strong that those arsenals did help keep the United States and Soviet Union at peace with each other. Why non-nuclear states are not deterred from fighting nuclear states is an important and open question. But in a time when calls to ban the Bomb are being heard from more and more quarters, we must be clear about precisely what the broad trends toward peace can and cannot tell us. They may tell us nothing about why we have had no World War III, and little about the wisdom of banning the Bomb now. Regarding the downward trend in … , including to end civil wars. We would still need to explain how this charmed circle of causes got started, however. And here let me raise another factor, perhaps even less appealing than the “nuclear peace” thesis, at least outside of the United States. That factor is what international relations scholars call hegemony—specifically American hegemony. A theory that many regard … for liberal democracy remains strong.
Both absolute poverty and war deaths are at their lowest levels because of US hegemony – shocks to the international system have historically produced the worst violence Barnett 11 (Thomas P.M. Barnett, Former Senior Strategic Researcher and Professor in the Warfare Analysis and Research Department, Center for Naval Warfare Studies, U.S. Naval War College American military geostrategist and Chief Analyst at Wikistrat., worked as the Assistant for Strategic Futures in the Office of Force Transformation in the Department of Defense, “The New Rules: Leadership Fatigue Puts U.S., and Globalization, at Crossroads,” March 7 http://www.worldpoliticsreview.com/articles/8099/the-new-rules-leadership-fatigue-puts-u-s-and-globalization-at-crossroads, It is worth first examining … basis for longer-term stability.
State secrets key to US intelligence gathering Barnsby 12 – (2012, Robert, JD, Major and Judge Advocate, U.S. Army, Professor, Int’l and Operational Law Dep’t, The Judge Advocate General’s (JAG) Legal Ctr. and Sch., U.S. Army, “SO LONG, AND THANKS FOR ALL THE SECRETS: A RESPONSE TO PROFESSOR TELMAN,” Alabama Law Review, Vol. 63:4:667) Obviously, if discovery reveals state … killing Osama bin Laden in 2011.
Key to stop CBW use against the US and allies. Treverton 01 – (2001, Gregory, PhD in economics and politics, Harvard, Director, RAND Center for Global Risk and Security, “Reshaping national intelligence for an age of information,” p. 37-8) American military predominance gives rise … respond to U.S. moves against them.
Bioweapons cause extinction Baum and Wilson 13 – (6/28, Seth, PhD, Geography, Pennsylvania State University, Executive Director, Global Catastrophic Risk Institute, Research Scientist at the Blue Marble Space Institute of Science, former Visiting Scholar position at the Center for Research on Environmental Decisions at Columbia University, and Grant, JD, Deputy Director, GCRI, “The Ethics of Global Catastrophic Risk from Dual-Use Bioengineering,” Ethics in Biology, Engineering and Medicine, forthcoming, http://sethbaum.com/ac/fc_BioengineeringGCR.pdf) *GCR = Global Catastrophic Risk While bioengineering has many benefits, … utilize bioengineered organisms pose a GCR.
drones are by far the best – no serious way to object. Anderson 13 – (5/24, Kenneth, Professor of Law, Washington College of Law, American University Member, Task Force on National Security and Law, The Hoover Institution, Stanford University, “The Case for Drones,” Real Clear Politics) *TBIJ = The Bureau of Investigative Journalism TBIJ (whose numbers are considered … force in counterterrorism at all.
Targeted killing operations are key … triggered by domestic conflict fatigue Elinor June Rushforth 12, J.D. candidate, University of Arizona, James E. Rogers College of Law, Class of 2013, Fall 2012, “NOTE: THERE'S AN APP FOR THAT: IMPLICATIONS OF ARMED DRONE ATTACKS AND PERSONALITY STRIKES BY THE UNITED STATES AGAINST NON-CITIZENS, 2004-2012,” Arizona Journal of International and Comparative Law, 29 Ariz. J. Int'l and Comp. Law 623, p. lexis The drone program is a fixture … a single pilot, to venture. n169 However, the analysis of this benefit must be separated between the two organizations employing drones: the military and the CIA. n170 Drones are used for surveillance and killing by both organizations but usually with different purposes in mind. n171 The military has focused its drones primarily on tactical support of ground forces, n172 either by providing information about enemy tactics or eliminating combatants entrenched in defended positions. n173 The CIA uses drones to eliminate specific targets in remote areas in which conventional U.S. military action would be impossible. n174 During Operation Southern Watch, the … growing our nation at home.
Drones are only bad compared to world peace – manned airstrikes kill 15 civilians to every combatant and the ratio for other armed conflict is 10-1 Brooks 12 – (9/5, Rosa, Schwartz Senior Fellow at the New America Foundation and a law professor at the Georgetown University Law Center, former Counselor to Under Secretary of Defense for Policy Michèle Flournoy at the U.S. Department of Defense, “What's Not Wrong With Drones?” Foreign Policy, http://www.foreignpolicy.com/articles/2012/09/05/whats_not_wrong_with_drones?page=0,1) For many on the political … hold up well under scrutiny. Let's review the case against the drones.
Drone strikes kill innocent … unintended civilian deaths than others. "Drones scout over Afghanistan and Pakistan launching Hellfire missiles into the region missing their intended targets, resulting in the deaths of many innocent people," trumpets the website for Code Pink, a women's peace group. Similarly, the Anti-War Committee asserts that "the physical distance between the drone and its shooter makes lack of precision unavoidable." But to paraphrase the NRA, "… than most other weapons systems. That doesn't mean civilians don't get killed in drone strikes. They do. How many civilians? It depends … when drones can release weapons.
Drones enable precision and distinction – all alternatives are worse Anderson 13 – (5/24, Kenneth, Professor of Law, Washington College of Law, American University Member, Task Force on National Security and Law, The Hoover Institution, Stanford University, “The Case for Drones,” Real Clear Politics) The strategy has worked far … media; and Obama’s American left.
solvency/public sphere Don’t determine WHAT is a lawful killing – do nothing to solve the aff
the notion of a public sphere fails on balance – the drive to publicity does more harm than good, and destroys any of the good effects they cite Dean 2 … Professor of Political Science. Ph.D., Columbia M.A., Columbia B.A., Princeton co-editor of Theory and Event Indeed, in light of the … publicity, there is no public.
Media and capitalism are massive alt causes to the public sphere – co-opted now Dean 2 … Professor of Political Science. Ph.D., Columbia M.A., Columbia B.A., Princeton The values articulated together by … organizations networked around contested issues.
Public sphere won’t check any wars – rally round the flag Colonel William M. Darley is a Public … needs to be accounted for.” 8
Congress empirically not more successful at selecting wars Nzelibe and Yoo 13 (Jide Nzelibe, Assistant Professor of Law, Northwestern University Law School, and John Yoo, Professor of Law, University of California at Berkeley School of Law, “Rational War and Constitutional Design,” The Yale Law Journal, Vol. 115, No. 9, 12/8/13) Empirically testing the assertion that … answered definitively through theoretical models.
probability even slight risks of catastrophic impacts outweigh Rescher, 1983 (Nicholas, Department of Philosophy … are, in the circumstances, “unacceptable”.
large enough impacts make probability drop out of consideration Rescher, 1983 (Nicholas, Department of Philosophy … whise probability is effectively zero.)
3. low probabilities must be considered—the alternative is russian roulette with the planet Ophuls, 1977 (William, political scientist, Ecology … this also limits his gains.
The aff’s investigation of scenerios is good - even if its low probability it sharpens political science analysis and allows us to test theories Mahnken and Junio 13 – (2013, Thomas, PhD, Jerome E. Levy Chair of Economic Geography and National Security at the U.S. Naval War College and a Visiting Scholar at the Philip Merrill Center for Strategic Studies at The Johns Hopkins University’s Paul H. Nitze School of Advanced International Studies, and Timothy, Predoctoral Fellow, Center for International Security and Cooperation, Stanford University, PhD in Political Science expected 2013, “Conceiving of Future War: The Promise of Scenario Analysis for International Relations,” International Studies Review Volume 15, Issue 3, pages 374–395, September 2013) This article introduces political scientists … design new empirical research programs. Scenarios in the Discipline What do counterfactual narratives about … of a nuclear weapon might occur: During the year 2023, the US military is ordered to launch air and sea patrols of the Taiwan Strait to aid in a crisis. These highly visible patrols disrupt trade off China's coast, and result in skyrocketing insurance rates for shipping companies. Several days into the contingency, which involves over ten thousand US military personnel, an intelligence estimate concludes that a Chinese conventional strike against US air patrols and naval assets is imminent. The United States conducts a preemptive strike against anti-air and anti-sea systems on the Chinese mainland. The US strike is far more successful than Chinese military leaders thought possible; a new source of intelligence to the United States—unknown to Chinese leadership—allowed the US military to severely degrade Chinese targeting and situational awareness capabilities. Many of the weapons that China relied on to dissuade escalatory US military action are now reduced to single-digit-percentage readiness. Estimates for repairs and replenishments are stated in terms of weeks, and China's confidence in readily available, but “dumber,” weapons is low due to the dispersion and mobility of US forces. Word of the successful US strike spreads among the Chinese and Taiwanese publics. The Chinese Government concludes that for the sake of preserving its domestic strength, and to signal resolve to the US and Taiwanese Governments while minimizing further economic disruption, it should escalate dramatically with the use of an extremely small-yield nuclear device against a stationary US military asset in the Pacific region. This short story reflects a future … methodological canon of the discipline.
Specifically true for nuclear miscalc Mahnken and Junio 13 – (2013, Thomas, PhD, Jerome E. Levy Chair of Economic Geography and National Security at the U.S. Naval War College and a Visiting Scholar at the Philip Merrill Center for Strategic Studies at The Johns Hopkins University’s Paul H. Nitze School of Advanced International Studies, and Timothy, Predoctoral Fellow, Center for International Security and Cooperation, Stanford University, PhD in Political Science expected 2013, “Conceiving of Future War: The Promise of Scenario Analysis for International Relations,” International Studies Review Volume 15, Issue 3, pages 374–395, September 2013) Scenarios are a useful method for … happen in the real world.
*2NC* 2NC Civilian Casualties – USC
Every alternative to drones is worse for all their internal links Lewis 13 Michael W. Lewis 13, teaches international law and the law of war at Ohio Northern University's College of Law, 2/5/13, “The case for drone strikes,” LA Times, http://articles.latimes.com/print/2013/feb/05/opinion/la-oe-lewis-defending-drones-20130205 Any alternative use of force … cause many more civilian casualties. Even if drones continue to cause some civilian casualties and have other negative effects, the question of whether continuing the drone campaign is a good policy decision cannot be answered without carefully considering the alternatives available. There are four obvious options … raids would occur at night. Such operations in Afghanistan were so unpopular and disruptive of daily life that President Hamid Karzai insisted that continued Afghan cooperation with the United States was contingent on Afghan control over night raids. The final option is the … territory in the tribal areas.
Drones enable precision and distinction – all alternatives are worse Anderson 13 – (5/24, Kenneth, Professor of Law, Washington College of Law, American University Member, Task Force on National Security and Law, The Hoover Institution, Stanford University, “The Case for Drones,” Real Clear Politics) The strategy has worked far … media; and Obama’s American left.
maybe Prefer our evidence – their authors have no defense of their methodology Williams 11 Brian Glyn Williams 11, Associate Professor of Islamic History at the University of Massachusetts-Dartmouth, March 2011, “Accuracy of the U.S. Drone Campaign: The Views of a Pakistani General,” CTC Sentinel, Vol. 4, No. 3, http://www.brianglynwilliams.com/pdfs/Williams-nearfinal.pdf In all of the above … also relied on press reports.11
Nuke terror
Physicists conclude that it’s easy, material is available – terrorist weapons don’t require the same high standards that make regular weapons so complex Zimmerman and Pluta 06 – (2006, Peter, PhD, experimental nuclear and elementary particle physics, Emeritus Professor of Science and Security at King's College London, former Chief Scientist of the Senate Foreign Relations Committee, and Anna, researcher, Center for Science and Security at King's College London, PhD candidate, “Nuclear terrorism: A disheartening dissent,” Survival: Global Politics and Strategy Volume 48, Issue 2, 2006, taylor and francis) It seems certain that at … in some detail in fiction.37
Only requires 19 people and 1 year – physics is easy and the barriers are vastly exaggerated. Zimmerman and Lewis 06 – (10/10, Peter, PhD, experimental nuclear and elementary particle physics, Emeritus Professor of Science and Security at King's College London, former Chief Scientist of the Senate Foreign Relations Committee, and Jeffrey, Director, Nuclear Strategy and Nonproliferation Initiative, New America Foundation, former Executive Director, Project on Managing the Atom/Science, Technology, and Public Policy Program, Belfer Center, Harvard University, “The Bomb in the Backyard,” Foreign Policy, http://www.foreignpolicy.com/articles/2006/10/10/the_bomb_in_the_backyard?page=0,1)
The constraint we have placed … requires special licenses to purchase. The machining group would also have the task of designing and building the required structure for the device and assembling the whole. This requires at least two or three people able to carry out such common laboratory tasks as welding, brazing, and hard soldering. One member of the group should bring the skills of a draftsman, and preferably good abilities to use computers to design complex shapes. To detonate a nuclear bomb, terrorists … number no more than 19 people.
Theft is large scale and ongoing Bunn 13 – (2013, Matthew, PhD, Professor of Practice; Co-Principal Investigator, Project on Managing the Atom, Belfer Center for Science and International Affairs, Harvard, “Beyond Crises: The Unending Challenge of Controlling Nuclear Weapons and Materials,” in Nuclear Weapons Security Crises: What Does History Teach? Ed. Henry D. Sokolski. Strategic Studies Institute, U.S. Army War College, 253-278)
Theft of highly enriched uranium … engaged by site security forces).8
Delivery into the US is impossible to stop – too many border crossings Bunn and Wier 06 (Matthew Bunn and Anthony Wier, on the staff of the Managing the Atom Project at Harvard University’s Kennedy School of Government, are the coauthors of Securing the Bomb: An Agenda for Action (2004). “The Seven Myths of Nuclear Terrorism,” Harvard Belfer Center, available for download here: http://belfercenter.ksg.harvard.edu/publication/658/seven_myths_of_nuclear_terrorism.html)
While some investment in improving … , or by some other means.
Drone court crushes counter-terror- delay Oliphant, 13 -- National Journal deputy magazine editor; citing Gregory McNeal, a counterterrorism expert at Pepperdine University James, “Vetting the Kill List,” 5-30-13, http://www.nationaljournal.com/magazine/vetting-the-kill-list-20130404, accessed 8-16-13, mss
But even among supporters, no … last minute of the operation.”
Aff introduces judicial activism into targeted killing – destroys military effectiveness and ruins targeted killing program Klimp et al 10 (JACK W. KLIMP, Lt. General, U.S. Marine Corps (Ret.), JOHN D. ALTENBURG, Major General, U.S. Army (Ret.), JAMES J. CAREY, Rear Admiral, U.S. Navy (Ret.), STEVEN B. KANTROWITZ, Rear Admiral, U.S. Navy (Ret.), NORMAN T. SAUNDERS, Rear Admiral, U.S. Coast Guard (Ret.), THOMAS L. HEMINGWAY, Brigadier General, U.S. Air Force (Ret.), ALFRED L. MICHAUD, Colonel, U.S. Army (Ret.), WILLIAM D. PIVARNIK, Captain, U.S. Navy (Ret.), ERIC ROJO, Colonel, U.S. Army (Ret.), PETER J. REYNIERSE, Commander, U.S. Navy (Ret.), THOMAS A. SMITH, Lt. Colonel, U.S. Army (Ret.), ADRIAN CRONAUER, WASHINGTON LEGAL FOUNDATION, NATIONAL DEFENSE COMMITTEE, AND ALLIED EDUCATIONAL FOUNDATION, 10/4/10, http://ccrjustice.org/files/Al-Aulaqi20v20Obama-20Klimp,20et20al20Amicus.pdf)
Amici respectfully submit that this … expertise to undertake such a reexamination.
Court review on drone strikes kill effectiveness Boot, 13 – CFR senior fellow Max, Jeane J. Kirkpatrick Senior Fellow in National Security Studies at the Council on Foreign Relations, "A Drone Court is a Terrible Idea," Commentary, 2-11-13, www.commentarymagazine.com/2013/02/11/a-drone-court-is-a-terrible-idea-fisa-terroris/, accessed 8-15-13, mss Nevertheless creating such a court would … for the District of Columbia. paraphrased for ableist language
AT Recruiting
Targeted killings destroy operational effectiveness … to keep pace with losses Alex Young 13, Associate Staff, Harvard International Review, 2/25/13, “A Defense of Drones,” Harvard International Review, http://hir.harvard.edu/a-defense-of-drones Moreover, drone strikes have disrupted … kill senior officials is a myth.
Drones destroy terror groups’ … ability to train new recruits Daniel Byman 13, Professor in the Security Studies Program at the Edmund A. Walsh School of Foreign Service at Georgetown University and a Senior Fellow at the Saban Center for Middle East Policy at the Brookings Institution, July/August 2013, “Why Drones Work,” Foreign Affairs, Vol. 92, No. 4 Drones have also undercut terrorists' … leaders and risking dead leaders. AT Blowback
Critics argue that drone strikes … more than they were hurting it.
Actually causes backlash against AQ and the Taliban – frees up population to fight back Llenza 11 – (2011, Michael, Diplomacy Department, Norwich University, US Navy fellow at the Atlantic Council’s Brent Scowcroft Center on International Security, “Targeted Killings in Pakistan: A Defense,” Global Security Studies, Spring, 2011, Volume 2, Issue 2)
In the end, what matters … result in their return (ibid.)
Can’t replace lost talent – means no impact Anderson 13 – (5/24, Kenneth, Professor of Law, Washington College of Law, American University Member, Task Force on National Security and Law, The Hoover Institution, Stanford University, “The Case for Drones,” Real Clear Politics)
Other critics argue that drone … plan another 9/11 is also critical.
AT Global Blowback
No global blowback Kenneth Anderson 13, Professor of International Law at American University, June 2013, “The Case for Drones,” Commentary, Vol. 135, No. 6 That leaves the broader claim … offer the blow-back scenario. There might be situations in which to give it priority; Gregory Johnsen, a Yemen expert, for example, says that a particular form of strike in Yemen causes blowback because it hits low-level fighters whose families cannot understand the American justification. (The response is, usually, that we are effectively fighting as the air arm of the Yemen government against its insurgents, including its low-level fighters.) That bears attention; whether it outweighs the strategic concern of supporting the Yemeni government, which does have to fight even low-level insurgents who in effect offer protection to the transnational terrorist wing, is another question. But we should consider it carefully. Blowback is a form of the … have lost the Civil War.
A nearly two-month lull … on fighting Americans in Afghanistan. Other militant groups continue attacking Pakistani forces. Just last week, Taliban insurgents killed 15 security soldiers who had been kidnapped in retaliation for the death of a militant commander. The spike in violence in … safer to roam more freely.
Drones crush terrorists and solve militant takeover in Pakistan Nadim 12 (Hussain Nadim, visiting scholar at the Woodrow Wilson Center, August 8, 2012, "How Drones Changed the Game in Pakistan," National Interest, nationalinterest.org/how-drones-changed-the-game-pakistan-7290)
Regardless of what the news … to burn a few American flags.
Despite the drone program's shortcomings, … "the only game in town."
impact – indo-pak war
Nuclear war – US can’t intervene. Yusuf 11 (Moeed Yusuf is South Asia adviser at the U.S. Institute of Peace, where he manages the institute’s Pakistan program. Previously, he was a research fellow at the Mossavar-Rahmani Center at Harvard University’s John F. Kennedy School of Government and a fellow at the Frederick S. Pardee Center at Boston University, “Banking on an Outsider: Implications for Escalation Control in South Asia”, June 2011, Arms Control Association, http://www.armscontrol.org/act/2011_06/Yusuf)
The potential for confrontation between … the worst from the other.22
*1NR* allies No global blowback Kenneth Anderson 13, Professor of International Law at American University, June 2013, “The Case for Drones,” Commentary, Vol. 135, No. 6 That leaves the broader claim … offer the blow-back scenario. There might be situations in which to give it priority; Gregory Johnsen, a Yemen expert, for example, says that a particular form of strike in Yemen causes blowback because it hits low-level fighters whose families cannot understand the American justification. (The response is, usually, that we are effectively fighting as the air arm of the Yemen government against its insurgents, including its low-level fighters.) That bears attention; whether it outweighs the strategic concern of supporting the Yemeni government, which does have to fight even low-level insurgents who in effect offer protection to the transnational terrorist wing, is another question. But we should consider it carefully. Blowback is a form of the … have lost the Civil War.
Allies will inevitably come around on US drone doctrine questions---they know they’re the future of war and won’t want to be left out Ulrike Esther Franke 13, Ph.D. Candidate, International Relations, University of Oxford, April 2013, “Just the new hot thing? The diffusion of UAV technology worldwide and its popularity among democratic states,” http://files.isanet.org/ConferenceArchive/4269932e782d47248d5269ad381ca6c7.pdf As shown in the first … infusion of US military … technology”.61
heg impacts Both absolute poverty and war deaths are at their lowest levels because of US hegemony – shocks to the international system have historically produced the worst violence Barnett 11 (Thomas P.M. Barnett, Former Senior Strategic Researcher and Professor in the Warfare Analysis and Research Department, Center for Naval Warfare Studies, U.S. Naval War College American military geostrategist and Chief Analyst at Wikistrat., worked as the Assistant for Strategic Futures in the Office of Force Transformation in the Department of Defense, “The New Rules: Leadership Fatigue Puts U.S., and Globalization, at Crossroads,” March 7 http://www.worldpoliticsreview.com/articles/8099/the-new-rules-leadership-fatigue-puts-u-s-and-globalization-at-crossroads, It is worth first examining … basis for longer-term stability.
State secrets key to US intelligence gathering Barnsby 12 – (2012, Robert, JD, Major and Judge Advocate, U.S. Army, Professor, Int’l and Operational Law Dep’t, The Judge Advocate General’s (JAG) Legal Ctr. and Sch., U.S. Army, “SO LONG, AND THANKS FOR ALL THE SECRETS: A RESPONSE TO PROFESSOR TELMAN,” Alabama Law Review, Vol. 63:4:667) Obviously, if discovery reveals state … killing Osama bin Laden in 2011.
bio State secrets key to US intelligence gathering Barnsby 12 – (2012, Robert, JD, Major and Judge Advocate, U.S. Army, Professor, Int’l and Operational Law Dep’t, The Judge Advocate General’s (JAG) Legal Ctr. and Sch., U.S. Army, “SO LONG, AND THANKS FOR ALL THE SECRETS: A RESPONSE TO PROFESSOR TELMAN,” Alabama Law Review, Vol. 63:4:667) Obviously, if discovery reveals state … killing Osama bin Laden in 2011.
Key to stop CBW use against the US and allies. Treverton 01 – (2001, Gregory, PhD in economics and politics, Harvard, Director, RAND Center for Global Risk and Security, “Reshaping national intelligence for an age of information,” p. 37-8) American military predominance gives rise … respond to U.S. moves against them.
Bioweapons cause extinction Baum and Wilson 13 – (6/28, Seth, PhD, Geography, Pennsylvania State University, Executive Director, Global Catastrophic Risk Institute, Research Scientist at the Blue Marble Space Institute of Science, former Visiting Scholar position at the Center for Research on Environmental Decisions at Columbia University, and Grant, JD, Deputy Director, GCRI, “The Ethics of Global Catastrophic Risk from Dual-Use Bioengineering,” Ethics in Biology, Engineering and Medicine, forthcoming, http://sethbaum.com/ac/fc_BioengineeringGCR.pdf) *GCR = Global Catastrophic Risk While bioengineering has many benefits, … utilize bioengineered organisms pose a GCR.
links Unit cohesion – that’s key. Also risk aversion. VFW 10 (The Veterans of Foreign Wars of the United States, Brief of The veterans of Foreign Wars of the United States As amicus curiae in support of defendants and dismissal, 09/30/10, http://www.lawfareblog.com/wp-content/uploads/2010/10/VFW_Brief_PACER.pdf) As a member organization comprised of … their mission and their safety.
Risk aversion key – kills perceptions of resolve Gerson 09 - Research analyst @ Center for Naval Analyses, a federally funded research center, where he focuses on deterrence, nuclear strategy, counterproliferation, and arms control MICHAEL S. GERSON (M.A. in International Relations from the University of Chicago), “Conventional Deterrence in the Second Nuclear Age,” Parameters, Autumn 2009 The importance of the credibility … and bloody war of attrition.
Create the perception of weakness – we can’t make threats because of internal discord Waxman 8/25/13 Matthew Waxman, Professor of … prevent a confrontation which might escalate.179
That also collapses heg Bolton 9 (John R. Senior fellow at … simply embodies weakness and indecision.
Causes UNSTABLE international relations that risk miscalculation Nzelibe and Yoo 6 (Jide Nzelibe, … (2006), pp. 2512-2541, http://www.jstor.org/stable/20455704)
D. The Dangers of judicial Intervention Faced with the prospect that congressional participation can sometimes play a salutary role in avoiding unnecessary wars, an antecedent question naturally arises. Should the courts decide if such a congressional role would be appropriate? Indeed, a recurring theme running through much of the Congress-first literature is that judicial intervention is necessary to vindicate the congressional role in initiating conflicts. But if one accepts the signaling model developed here, there are significant reasons why one ought to be wary of a judicial role in resolving war powers controversies. First, under our model of international crisis bargaining, judicial review would likely undermine the value of signals sent by the President when he seeks legislative authorization to go to war. In other words, it is the fact that the signal is both costly and discretionary that often makes it valuable. Once one understands that regime characteristics can influence the informational value of signaling, it makes sense that the President should have the maximum flexibility to choose less costly signals when dealing with rogue states or terrorist organizations. The alternative- a judicial rule that mandates costly signals in all circumstances, even when such signals have little or no informational value to the foreign adversary-would dilute the overall value of such signals. Second, judicial review would preclude the possibility of beneficial bargaining between the President and Congress by forcing warmaking into a procedural straitjacket. In this picture, judicial review would constrain the political branches to adopt only the tying hands type of signal regardless of the nature or stage of an international crisis. But the supposed restraining effect attributed to the tying hands signal can vary considerably depending on whether the democracy is deciding to initiate an international crisis or is already in the midst of an escalating crisis. Requiring legislative authorization may make it less likely that the democracy will be willing to back out of a conflict once it starts. Thus, tying hand signals and judicial insistence that the President seek legislative authorization will contribute to greater international instability once a conflict has already started.
prob
Links – endless war, just as much
Yes, if they miniscule fine, but there is a middle path where reasonable risks matter
large enough impacts make probability drop out of consideration Rescher, 1983 (Nicholas, Department of Philosophy … whise probability is effectively zero.)
3. low probabilities must be considered—the alternative is russian roulette with the planet Ophuls, 1977 (William, political scientist, Ecology … this also limits his gains.
The aff’s investigation of scenerios is good - even if its low probability it sharpens political science analysis and allows us to test theories Mahnken and Junio 13 – (2013, Thomas, PhD, Jerome E. Levy Chair of Economic Geography and National Security at the U.S. Naval War College and a Visiting Scholar at the Philip Merrill Center for Strategic Studies at The Johns Hopkins University’s Paul H. Nitze School of Advanced International Studies, and Timothy, Predoctoral Fellow, Center for International Security and Cooperation, Stanford University, PhD in Political Science expected 2013, “Conceiving of Future War: The Promise of Scenario Analysis for International Relations,” International Studies Review Volume 15, Issue 3, pages 374–395, September 2013) This article introduces political scientists … design new empirical research programs. Scenarios in the Discipline What do counterfactual narratives about … of a nuclear weapon might occur: During the year 2023, the US military is ordered to launch air and sea patrols of the Taiwan Strait to aid in a crisis. These highly visible patrols disrupt trade off China's coast, and result in skyrocketing insurance rates for shipping companies. Several days into the contingency, which involves over ten thousand US military personnel, an intelligence estimate concludes that a Chinese conventional strike against US air patrols and naval assets is imminent. The United States conducts a preemptive strike against anti-air and anti-sea systems on the Chinese mainland. The US strike is far more successful than Chinese military leaders thought possible; a new source of intelligence to the United States—unknown to Chinese leadership—allowed the US military to severely degrade Chinese targeting and situational awareness capabilities. Many of the weapons that China relied on to dissuade escalatory US military action are now reduced to single-digit-percentage readiness. Estimates for repairs and replenishments are stated in terms of weeks, and China's confidence in readily available, but “dumber,” weapons is low due to the dispersion and mobility of US forces. Word of the successful US strike spreads among the Chinese and Taiwanese publics. The Chinese Government concludes that for the sake of preserving its domestic strength, and to signal resolve to the US and Taiwanese Governments while minimizing further economic disruption, it should escalate dramatically with the use of an extremely small-yield nuclear device against a stationary US military asset in the Pacific region. This short story reflects a future … methodological canon of the discipline.
Specifically true for nuclear miscalc Mahnken and Junio 13 – (2013, Thomas, PhD, Jerome E. Levy Chair of Economic Geography and National Security at the U.S. Naval War College and a Visiting Scholar at the Philip Merrill Center for Strategic Studies at The Johns Hopkins University’s Paul H. Nitze School of Advanced International Studies, and Timothy, Predoctoral Fellow, Center for International Security and Cooperation, Stanford University, PhD in Political Science expected 2013, “Conceiving of Future War: The Promise of Scenario Analysis for International Relations,” International Studies Review Volume 15, Issue 3, pages 374–395, September 2013) Scenarios are a useful method for … happen in the real world.
1/1/14
Wake Round 4
Tournament: Shirley | Round: 4 | Opponent: Kansas Birzer-Campbell | Judge: Gannon *1NC* 1 The Supreme Court will rule in favor of the petitioner in DaimlerChrysler v Bauman because Roberts has avoided controversial rulings – new controversial rulings derail the fragile consensus Citron 13 (Rodger, Professor of Law at Touro Law Center, "Seven Ways of Looking at Kiobel v. Royal Dutch Petroleum and the Supreme Court Under Chief Justice John Roberts - See more at: http://verdict.justia.com/2013/07/03/seven-ways-of-looking-at-kiobel#sthash.qucNe3Pw.dpuf," Justia, July 3, verdict.justia.com/2013/07/03/seven-ways-of-looking-at-kiobel) (7) Or Planting the Seeds … is truly the Roberts Court.
Judicial review of Presidential war … backlash from the political branches Druck 10 (Judah, B.A., Brandeis University, 2010; J.D. Candidate, Cornell Law School, 2013; Notes Editor, Cornell Law Review, Volume 98., "Droning On: The War Powers Resolution and the Numbing Effect of Technology-Driven Warfare," Cornell Law Review, www.lawschool.cornell.edu/research/cornell-law-review/upload/Druck-final.pdf) The suits arising out of … , the lesser of two¶ evils.¶ B
This Court has recognized that … of foreign commerce and investment.
The economy --- extinction results Austin ‘09 (Michael, Resident Scholar – American Enterprise Institute, and Desmond Lachman, Resident Fellow – American Enterprise Institute, “The Global Economy Unravels”, Forbes, 3-6, http://www.aei.org/article/100187) Conversely, global policymakers do not … that coalesce into a big bang.
2
Domestic interpretation of dumping allows zeroing and Commerce will keep using it- Charming Betsy forces US to comply with WTO Antidumping Rules that ban zeroing, which allows dumping under the radar- collapses the economy Reeder ‘6 Casey Reeder, JD Stetson University College of Law, Stetson Law Review, 2006, ZEROING IN ON CHARMING BETSY: HOW AN ANTIDUMPING CONTROVERSY THREATENS TO SINK THE SCHOONER Antidumping law has been referred … the imposition of antidumping duties.25 For example,26 if a foreign manufacturer has one sale that is ten percent above normal value (the product at issue is not being dumped) and one sale that is ten percent below normal value (the product at issue is being dumped), ordinary mathematics would suggest that the two margins would cancel each other out and yield a net dumping margin of zero percent. However, under a zeroing methodology, the sale made above normal value is assigned a zero margin rather than a margin of negative ten percent. The averaging process then yields a net dumping margin of five percent. This positive margin triggers the imposition of antidumping duties,27 perhaps requiring the exporter to pay a cash deposit on all shipments into the investigating authority’s domestic market.28 Proponents of the zeroing methodology … antidumping proceedings in the future.
Zeroing critical to steel- removing it collapses a major revenue stream Reeder ‘6 Casey Reeder, JD Stetson University College of Law, Stetson Law Review, 2006, ZEROING IN ON CHARMING BETSY: HOW AN ANTIDUMPING CONTROVERSY THREATENS TO SINK THE SCHOONER Perhaps most often cited is … the calculation of dumping margins.
Weak steel industry collapses the U.S. economy and military readiness Shaiken, Professor of Global Economy @ Cal, 2 Harley, Prof of Global Economy, Cal-Berkeley, Detroit News, 3-22, http://www.detnews.com/2002/editorial/0203/25/a11-446451.htm But because an advanced industrial … aircraft carriers and mahogany tanks.
3 The political question doctrine is well-entrenched constitutional law – it justifies judicial deference to the President on war powers and national security issues Fix and Randazzo 10 (Michael P. Fix, Kirk A. Randazzo, Professors of Political Science, “Judicial Deference and National Security: Applications of the Political Question and Act of State Doctrines”, Democracy and Security, 3/16/10, http://people.cas.sc.edu/randazzo/fix_randazzo_2010_dem_and_sec.pdf) The political question doctrine is … the President’s conduct of war.”
Enforcing Charming betsy in the context of foreign affairs undermines executive deference Abebe and Posner 11 (Daniel and Eric, * Assistant Professor and Kirkland and Ellis Professor, University of Chicago Law School, "The Flaws of Foreign Affairs Legalism," Virginia Journal of International Law, Volume 51, Issue 3, www.vjil.org/assets/pdfs/vol51/issue3/Abebe_Posner.pdf) Statutory Interpretation and the Charming … ,70 greatly ¶ disappointing foreign affairs legalists.
Court interference in national security decks effective executive responses to prolif, terror, and the rise of hostile powers---link threshold is low Robert Blomquist 10, Professor of Law, Valparaiso University School of Law, THE JURISPRUDENCE OF AMERICAN NATIONAL SECURITY PRESIPRUDENCE, 44 Val. U.L. Rev. 881 Supreme Court Justices--along with … , and defend the Nation. n22 *886 B. Geopolitical Strategic Considerations Bearing on Judicial Interpretation Before the United States Supreme Court Justices form an opinion on the legality of national security decisions by the POTUS, they should immerse themselves in judicially-noticeable facts concerning what national security expert, Bruce Berkowitz, in the subtitle of his recent book, calls the "challengers, competitors, and threats to America's future." n23 Not that the Justices need to become experts in national security affairs, n24 but every Supreme Court Justice should be aware of the following five basic national security facts and conceptions before sitting in judgment on presiprudential national security determinations. (1) "National security policy . . . is … themselves with regional powers." n27 (2) "Yet, as worrisome as these immediate concerns may be, the long-term challenges are even harder to deal with, and the stakes are higher. Whereas the main Cold War threat--the Soviet Union--was brittle, most of the potential adversaries and challengers America now faces are resilient." n28 (3) "The most important task … advantage, they do not." n30 (4) While "keeping the strategic advantage may not have the idealistic ring of making the world safe for democracy and does not sound as decisively macho as maintaining American hegemony," n31 maintaining the American "strategic advantage is critical, because it is essential for just about everything else America hopes to achieve--promoting freedom, protecting the homeland, defending its values, preserving peace, and so on." n32 (5) The United States requires … focus its own resources." n34 *888 As further serious preparation for engaging in the jurisprudence of American national security presiprudence in hotly contested cases and controversies that may end up on their docket, our Supreme Court Justices should understand that, as Walter Russell Mead pointed out in an important essay a few years ago, n35 the average American can be understood as a Jacksonian pragmatist on national security issues. n36 "Americans are determined to keep the world at a distance, while not isolating ourselves from it completely. If we need to take action abroad, we want to do it on our terms." n37 Thus, recent social science survey data paints "a picture of a country whose practical people take a practical approach to knowledge about national security. Americans do not bother with the details most of the time because, for most Americans, the details do not matter most the time." n38 Indeed, since the American people "do know the outlines of the big picture and what we need to worry about in national security affairs so we know when we need to pay greater attention and what is at stake. This is the kind of knowledge suited to a Jacksonian." n39 Turning to how the Supreme … his national security executive subordinates.
Causes UNSTABLE international relations that risk miscalculation Nzelibe and Yoo 6 (Jide Nzelibe, … (2006), pp. 2512-2541, http://www.jstor.org/stable/20455704)
D. The Dangers of judicial Intervention Faced with the prospect that congressional participation can sometimes play a salutary role in avoiding unnecessary wars, an antecedent question naturally arises. Should the courts decide if such a congressional role would be appropriate? Indeed, a recurring theme running through much of the Congress-first literature is that judicial intervention is necessary to vindicate the congressional role in initiating conflicts. But if one accepts the signaling model developed here, there are significant reasons why one ought to be wary of a judicial role in resolving war powers controversies. First, under our model of international crisis bargaining, judicial review would likely undermine the value of signals sent by the President when he seeks legislative authorization to go to war. In other words, it is the fact that the signal is both costly and discretionary that often makes it valuable. Once one understands that regime characteristics can influence the informational value of signaling, it makes sense that the President should have the maximum flexibility to choose less costly signals when dealing with rogue states or terrorist organizations. The alternative- a judicial rule that mandates costly signals in all circumstances, even when such signals have little or no informational value to the foreign adversary-would dilute the overall value of such signals. Second, judicial review would preclude the possibility of beneficial bargaining between the President and Congress by forcing warmaking into a procedural straitjacket. In this picture, judicial review would constrain the political branches to adopt only the tying hands type of signal regardless of the nature or stage of an international crisis. But the supposed restraining effect attributed to the tying hands signal can vary considerably depending on whether the democracy is deciding to initiate an international crisis or is already in the midst of an escalating crisis. Requiring legislative authorization may make it less likely that the democracy will be willing to back out of a conflict once it starts. Thus, tying hand signals and judicial insistence that the President seek legislative authorization will contribute to greater international instability once a conflict has already started.
That creates unlimited legislative role … the case in the SQ John Yoo 8, Cal Berkeley law prof, The Powers of War and Peace, 244-9 Non-self-execution provides a ready … , the environment, and human rights.
Extinction Michael Panzer 8, 25-year veteran of the markets who has worked for for HSBC, Soros Funds, ABN Amro, Dresdner Bank, and J.P. Morgan Chase. New York Institute of Finance faculty member and a graduate of Columbia University. Financial Armageddon, 136-8 Continuing calls for curbs on … beginnings of a new world war.
4 The United States federal government should implement a faster licensing pathway for Generation 4 nuclear fission power plants, license and build an Integral Fast Reactor demonstration project, negotiate fast reactor technology sharing agreements with interested nations, and provide seed money for initial commercial Integral Fast Reactors by ending the procurement of the French MOX reprocessing plant.
The United States federal government should fully fund a program to cover the surface of the Earth’s oceans in a monolayer of 0.1 ?m diameter latex particles bearing a conventional stabilization system that is inactivated in salt water.
The United States federal government should fully implement and enforce its treaty obligations under the Montreal Protocol.
The United States federal government should pass implementing and enforcement measures for the Geneva Convention.
IFR works, solves warming Kirsh 11 (Steven T. Kirsh, Bachelor of … that Obama said he wanted?
Solves the Montreal Protocol – does everything their only 1AC solvency evidence says is necessary Grabiel and Comerfield 13 Danielle Fest Grabiel, IGSD Law Fellow, and Ms. Lia Comerford, IGSD Law Clerk¶ Enforcement Strategies for ¶ Combating the Illegal Trade¶ in HCfCs and Methyl Bromide¶ http://inece.org/wp-content/uploads/2013/06/Illegal_Trade_HCFCs_Methyl-Bromide.pdf Last year the world celebrated … prepared to effectively address smuggling
Solves warming, only costs $2 billion, and avoids all solvency deficits associated with traditional ocean albedo modifications. Morgan 11 – (10/8/11, John, PhD in physical chemistry, runs RandD programmes at a Sydney startup company, research experience in chemical engineering in the US and at the Commonwealth Scientific and Industrial Research Organisation, Australia's national science agency, “Low intensity geoengineering – microbubbles and microspheres,” http://bravenewclimate.com/2011/10/08/low-intensity-geoengineering-microbubbles-and-microspheres/)
Is there another way to … the contribution from multiple scattering). 4.8 of a whole ocean monolayer is 8.3×108 kg of dry polymer, or about 1.7×109 kg wet latex. At say $1.20 per kg, this would cost $2.0 billion and account for 17 of 2005 global production capacity. This is, surprisingly, well within reach. $2.… well inside existing production capacity. Conclusion So consider this final elaboration of Russell Seitz’ bright idea: 0.1 ?m diameter latex particles, possibly hollow, or of core-shell morphology, bearing a conventional stabilization system that is inactivated in salt water ensuring that the particles are retained at and near the surface, are produced in bulk using about 17 of existing production capacity and using commercial recipes, and are sprayed onto the sea from tanks aboard ships or crop dusting aircraft, oil rigs, and other structures, in the mid latitudes. For a cost in the order … microbubble concept, are also possible.
5
The United States federal judiciary should restrict the war powers authority of the President of the United States in the area of indefinite detention, not through the application of “Charming Betsy” canon. warming
Earth's temperature is likely to jump six degrees between now and the end of the century even if every country cuts greenhouse gas emissions as proposed, according to a United Nations update. Scientists looked at emission plans from 192 nations and calculated what would happen to global warming. The projections take into account 80 percent emission cuts from the U.S. and Europe by 2050, which are not sure things. The U.S. figure is based on a bill that passed the House of Representatives but is running into resistance in the Senate, where debate has been delayed by health care reform efforts. Carbon dioxide, mostly from the burning of fossil fuels such as coal and oil, is the main cause of global warming, trapping the sun's energy in the atmosphere. The world's average temperature has already risen 1.4 degrees since the 19th century. Much of projected rise in temperature is because of developing nations, which aren't talking much about cutting their emissions, scientists said at a United Nations press conference Thursday. China alone adds nearly 2 degrees to the projections. "We are headed toward very serious changes in our planet," said Achim Steiner, head of the U.N.'s environment program, which issued the update on Thursday. The review looked at some 400 peer-reviewed papers on climate over the last three years. Even if the developed world cuts its emissions by 80 percent and the developing world cuts theirs in half by 2050, as some experts propose, the world is still facing a 3-degree increase by the end of the century, said Robert Corell, a prominent U.S. climate scientist who helped oversee the update. Corell said the most likely agreement out of the international climate negotiations in Copenhagen in December still translates into a nearly 5-degree increase in world temperature by the end of the century. European leaders and the Obama White House have set a goal to limit warming to just a couple degrees. The U.N.'s environment program unveiled the update on peer-reviewed climate change science to tell diplomats how hot the planet is getting. The last big report from the Nobel Prize-winning Intergovernmental Panel on Climate Change came out more than two years ago and is based on science that is at least three to four years old, Steiner said. Global warming is speeding up, especially in the Arctic, and that means that some top-level science projections from 2007 are already out of date and overly optimistic. Corell, who headed an assessment of warming in the Arctic, said global warming "is accelerating in ways that we are not anticipating." Because Greenland and West Antarctic ice sheets are melting far faster than thought, it looks like the seas will rise twice as fast as projected just three years ago, Corell said. He said seas should rise about a foot every 20 to 25 years.
Prefer our ev – their authors are too short-term and ignore adaptation Goklany 11 (Indur M., science and technology policy analyst for the US Dept of the Interior, “Misled on Climate Change: How the UN IPCC (and others) Exaggerate the Impacts of Global Warming” December 2011, http://goklany.org/library/Reason20CC20and20Development202011.pdf)
A third approach would be to fix the root cause of why developing countries are deemed to be most at-risk, namely, poverty. Sustained economic growth would, as is evident from the experience of developed countries, address virtually all problems of poverty, not just that portion exacerbated by global warming. It is far more certain that sustainable economic growth will provide greater benefits than emission reductions: while there is no doubt that poverty leads to disease and death, there is substantial doubt regarding the reality and magnitude of the negative impact of global warming. This is especially true as assessments often ignore improvements in adaptive capacity. Of these three approaches, human well-being in poorer countries is likely to be advanced most effectively by sustained economic development and least by emission reductions. In addition, because of the inertia of the climate system, economic development is likely to bear fruit faster than any emission reductions. These figures also indicate that the compound effect of economic development and technological change can result in quite dramatic improvements even over the relatively short period for which these figures were developed. Figure 5, for instance, covered 26 years. By contrast, climate change impacts analyses frequently look 50 to 100 years into the future. Over such long periods, the compounded effect could well be spectacular. Longer term analyses of climate-sensitive indicators of human well-being show that the combination of economic growth and technological change can, over decades, reduce negative impacts on human beings by an order of magnitude, that is, a factor of ten, or more. In some instances, this combination has virtually eliminated such negative impacts. But, since impact assessments generally fail to fully account for increases in economic development and technological change, they substantially overestimate future net damages from global warming. It may be argued that the high levels of economic development depicted in Figure 6 are unlikely. But if that’s the case, then economic growth used to drive the IPCC’s scenarios are equally unlikely, which necessarily means that the estimates of emissions, temperature increases, and impacts and damages of GW projected by the IPCC are also overestimates. B. Secular Technological Change The second major reason why future adaptive capacity has been underestimated (and the impacts of global warming systematically overestimated) is that few impact studies consider secular technological change. 25 Most assume that no new technologies will come on line, although some do assume greater adoption of existing technologies with higher GDP per capita and, much less frequently, a modest generic improvement in productivity. 26 Such an assumption may have been appropriate during the Medieval Warm Period, when the pace of technological change was slow, but nowadays technological change is fast (as indicated in Figures 1 through 5) and, arguably, accelerating. 27 It is unlikely that we will see a halt to technological change unless so-called precautionary policies are instituted that count the costs of technology but ignore its benefits, as some governments have already done for genetically modified crops and various pesticides. So how much of a difference in impact would consideration of both economic development and technological change have made? If impacts were to be estimated for five or so years into the future, ignoring changes in adaptive capacity between now and then probably would not be fatal because neither economic development nor technological change would likely advance substantially during that period. However, the time horizon of climate change impact assessments is often on the order of 35–100 years or more. The Fast Track Assessments use a base year of 1990 to estimate impacts for 2025, 2055 and 2085. Over such periods one ought to expect substantial advances in adaptive capacity due to increases in economic development, technological change and human capital. As already noted, retrospective assessments indicate that over the span of a few decades, changes in economic development and technologies can substantially reduce, if not eliminate, adverse environmental impacts and improve human well-being, as measured by a variety of objective indicators. 41 Thus, not fully accounting for changes in the level of economic development and secular technological change would understate future adaptive capacity, which then could overstate impacts by one or more orders of magnitude if the time horizon is several decades into the future. The assumption that there would be little or no improved or new technologies that would become available between 1990 and 2100 (or 2200), as assumed in most climate change impact assessments, is clearly naïve. In fact, a comparison of today’s world against the world of 1990 (the base year used in most impacts studies to date) shows that even during this brief 20-year span, this assumption is invalid for many, if not most, human enterprises. Since 1990, for example, the portion of the developing world’s population living in absolute poverty declined from 42 to 25, and in sub-Saharan Africa Internet users increased from 0 to 50 million, while cellular phone users went from 0 per 100 to 33 per 100.
Empirically denied, no solvency because it’s natural, and no impact Lieberman 7 – Senior Policy Analyst at The Heritage Foundation's Roe Institute for Economic Policy Studies. JD from George Washington. (Ben, 9/11, lexis) As far as ozone depletion is concerned, the thinning of the ozone layer that occurred throughout the 1980s apparently stopped in the early 1990s, too soon to credit the Montreal Protocol. A 1998 World Meteorological Organization (WMO) report said: "Since 1991, the linear downward trend observed during the 1980s has not continued, but rather total column ozone has been almost constant." However, the same report noted that the stratospheric concentrations of the offending compounds were still increasing through 1998. This lends credence to the skeptical view, widely derided at the time of the Montreal Protocol, that natural variations better explain the fluctuations in the global ozone layer. More importantly, the feared increase in ground level UVB radiation has also failed to materialize. Keep in mind that ozone depletion, in and of itself, doesn't really harm human health or the environment. It was the concern that an eroded ozone layer will allow more of the sun's damaging UVB rays to reach the Earth that led to the Montreal Protocol. But WMO concedes no statistically significant long-term trends have been detected, noting earlier this year that "outside the polar regions, ozone depletion has been relatively small, hence, in many places, increases in UV due to this depletion are difficult to separate from the increases caused by other factors, such as changes in cloud and aerosol." In short, the impact of ozone depletion on UVB over populated regions is so small it's hard to detect. Needless to say, if UVB hasn't gone up, then the fears of increased UVB-induced harm are unfounded. Indeed, the much-hyped acceleration in skin cancer rates hasn't been documented. U.S. National Cancer Institute statistics show malignant melanoma incidence and mortality, which had been undergoing a long-term increase that predates ozone depletion, has actually been leveling off during the putative ozone crisis. Further, no ecosystem or species was ever shown to be seriously harmed by ozone depletion. This is true even in Antarctica, where the largest seasonal ozone losses, the so-called Antarctic ozone hole, occur annually. Also forgotten is a long list of truly ridiculous claims, such as the one from Al Gore's 1992 book "Earth in the Balance" that, thanks to the Antarctic ozone hole, "hunters now report finding blind rabbits; fisherman catch blind salmon."
No impact – radiation increase is trivial Singer, 95 (S. Fred, Ph.D., president science and environment policy project, November 1, Washington Times, http://209.85.141.104/search?q=cache:YItL5uwXgYQJ:www.sepp.org/key2520issues/ozone/oznobel.html+Time+and+again,+journalists+have+run+with+a+story+that+amounts+to+little+more+than+22science+by+press+release.22andhl=enandct=clnkandcd=1andgl=us) Time and again, journalists have run with a story that amounts to little more than "science by press release." They have succumbed to tales of blind sheep and rabbits, plankton death, and the disappearance of frogs--all blamed on ozone depletion. Yet a little common sense could help to stem the tide of scare stories, punitive regulations, and politically motivated Nobel prizes. From the very outset it has been clear that the feared global ozone depletion would lead to a trivial increase of ultraviolet radiation at the Earth's surface, equivalent to moving just 60 miles closer to the equator, the distance from Washington to Richmond. This equivalence has been openly acknowledged by ozone scientists in press conferences and Congressional hearings. It puts the lie to fears of cataract epidemics, immune system failures, and various ecological disasters. The problem now is that the action of the Swedish Academy is being viewed as a scientific endorsement, not only of ozone depletion but of all of the horror stories put out by activist groups. Awarding the Nobel prize with the science still unsettled only says that facts are irrelevant, that data don't matter. What does seem to matter, at least to the Academy, is "salvation."
modeling
No one cites the US for anything---there are too many other countries to look to---*but the SQ solves their impacts because other countries reject excessive Presidentialism now Mila Versteeg 13, Associate Professor at the University of Virginia School of Law. Model, Resource, or Outlier? What Effect Has the U.S. Constitution Had on the Recently Adopted Constitutions of Other Nations?, 29 May 2013, www.heritage.org/research/lecture/2013/05/model-resource-or-outlier-what-effect-has-the-us-constitution-had-on-the-recently-adopted-constitutions-of-other-nations Unsurprisingly, attempting to gauge one constitution’s “influence” on another involves various conceptual and methodological challenges. To illustrate, a highly generic constitution may be generic because others have followed its lead, because it has modeled others, or simply by coincidence. That said, if two constitutions are becoming increasingly dissimilar, by definition, one cannot be following the other. That is, neither is exerting influence on the other (at least not in a positive way). This is the phenomenon we observed in comparing the U.S. Constitution to the rest of the world; based on the rights index, the U.S. has become less similar to the world since 1946 and, with a current index of 0.30, is less similar now than at any point during the studied period. This phenomenon has occurred even among current American allies; among countries in regions with close cultural and historic ties to the U.S. (namely, Latin America and Western Europe); and among democracies. Only among common law countries is constitutional similarity higher than it was after World War II, but even that similarity has decreased since the 1960s. Rights provisions are not the only constitutional elements that have lost favor with the rest of the world; structural provisions pioneered by American constitutionalism—such as federalism, presidentialism, and judicial review—have also been losing their global appeal. For instance, in the early 20th century, 22 percent of constitutions provided for federalistic systems, while today, just 12 percent do. A similar trend has occurred for presidentialism, another American innovation. Since the end of World War II, the percentage of countries employing purely presidential systems has declined, mainly in favor of mixed systems, which were a favorite of former Soviet bloc countries. Finally, though judicial review is not mentioned in the U.S. Constitution, it has proved the most popular American structural innovation. But though the popularity of judicial review in general has exploded over the past six decades, most countries have opted for the European style of review (which designates a single, constitutional court which alone has the power to nullify laws inconsistent with the constitution) over the American model (in which all courts are empowered to strike unconstitutional laws). In 1946, over 80 percent of countries exercised American-style constitutional review; today, fewer than half do. Reasons for the Decline It appears that several factors are driving the U.S. Constitution’s increasing atypicality. First, while in 2006 the average national constitutions contained 34 rights (of the 60 we identify), the U.S. Constitution contains relatively few—just 21—and the rights it does contain are often themselves atypical. Just one-third of constitutions provide for church and state separation, as does the U.S. Establishment Clause, and only 2 percent of constitutions (including, e.g., Mexico and Guatemala) contain a “right to bear arms.” Conversely, the U.S. Constitution omits some of the most globally popular rights, such as women’s rights, the right to social security, the right to food, and the right to health care. These peculiarities, together with the fact that the U.S. Constitution is both old and particularly hard to amend, have led some to characterize the Constitution as simply antiquated or obsolete.
Modeling fails – constitutions must be endogenous Mila Versteeg 13, Associate Professor at the University of Virginia School of Law. Model, Resource, or Outlier? What Effect Has the U.S. Constitution Had on the Recently Adopted Constitutions of Other Nations?, 29 May 2013, www.heritage.org/research/lecture/2013/05/model-resource-or-outlier-what-effect-has-the-us-constitution-had-on-the-recently-adopted-constitutions-of-other-nations As I describe above, our article conceptualizes a “generic constitution”—that is, one that contains the 25 most popular global constitution rights elements—but we do not suggest that a “generic” constitution is an “ideal” constitution or that it otherwise should serve as a model for the United States or other countries. To the contrary, I tend to resist the notion that constitutional design based on a standardized template is generally desirable. Rather, I adhere to the view that constitutions should be written with popular input and tailored to the needs, traditions, values, and interests of the society they govern. There is no “one-size-fits-all” constitution. Indeed, history and the literature have documented the adverse effects of foreign values being inserted into a citizenry that is unprepared to accept them. As an example, most former British colonies in Africa and the Caribbean received the exact same bill of rights upon independence, rights which were taken from the European Convention on Human Rights. In most cases, these bills of rights, oblivious to the deep ethnic tensions and persistent poverty, became a grand failure.
Extinction genetically impossible and ahistorical Posner 2005 (Richard A., Judge U.S. Court of Appeals 7th Circuit, Professor Chicago School of Law, January 1, 2005, Skeptic, Altadena, CA, Catastrophe: Risk and Response, http://goliath.ecnext.com/coms2/gi_0199-4150331/Catastrophe-the-dozen-most-significant.html#abstract) Yet the fact that Homo sapiens has managed to survive every disease to assail it in the 200,000 years or so of its existence is a source of genuine comfort, at least if the focus is on extinction events. There have been enormously destructive plagues, such as the Black Death, smallpox, and now AIDS, but none has come close to destroying the entire human race. There is a biological reason. Natural selection favors germs of limited lethality; they are fitter in an evolutionary sense because their genes are more likely to be spread if the germs do not kill their hosts too quickly. The AIDS virus is an example of a lethal virus, wholly natural, that by lying dormant yet infectious in its host for years maximizes its spread. Yet there is no danger that AIDS will destroy the entire human race. The likelihood of a natural pandemic that would cause the extinction of the human race is probably even less today than in the past (except in prehistoric times, when people lived in small, scattered bands, which would have limited the spread of disease), despite wider human contacts that make it more difficult to localize an infectious disease. The reason is improvements in medical science. But the comfort is a small one. Pandemics can still impose enormous losses and resist prevention and cure: the lesson of the AIDS pandemic. And there is always a lust time. That the human race has not yet been destroyed by germs created or made more lethal by modern science, as distinct from completely natural disease agents such as the flu and AIDS viruses, is even less reassuring. We haven't had these products long enough to be able to infer survivability from our experience with them. A recent study suggests that as immunity to smallpox declines because people am no longer being vaccinated against it, monkeypox may evolve into "a successful human pathogen," (9) yet one that vaccination against smallpox would provide at least some protection against; and even before the discovery of the smallpox vaccine, smallpox did not wipe out the human race. What is new is the possibility that science, bypassing evolution, will enable monkeypox to be "juiced up" through gene splicing into a far more lethal pathogen than smallpox ever was.
*2NC*
SARS proves intervening actors check Nishiura 05 (H Nishiura Bangkok School of Tropical Medicine, Mahidol University,Thailand , K Patanarapelert, M Sriprom, W Sarakorn, S Sriyab , Department of Mathematics, Faculty of Science, Mahidol University and I Ming Tang Institute of Science and Technology for Research and Development, Mahidol University “EVIDENCE BASED PUBLIC HEALTH POLICY AND PRACTICE Modelling potential responses to severe acute respiratory syndrome in Japan: the role of initial attack size, precaution, and quarantine” http://www.hawaii.edu/hivandaids/Modelling_Potential_Responses_to_Sev ere_Acute_Respiratory_Syndrome_in_Japan.pdf August 29, 2005)
There has been an intensive … workers as was pointed out.
Countermeasures and basic biology … show how absurd this impact is Coates 2009 – former adjunct professor at George Washington University, President of the Kanawha Institute for the Study of the Future and was President of the International Association for Impact Assessment and was President of the Association for Science, Technology and Innovation, M.S., Hon D., FWAAS, FAAAS, (Joseph F., Futures 41, 694-705, "Risks and threats to civilization, humankind, and the earth”, ScienceDirect, WEA)
Could diseases in animals be … effects comprising a threat to stability.
The IFR supplies enough clean energy to solve warming Blees et al 11 (Charles Archambeau , Randolph Ware, Cooperative Institute for Research in Environmental Sciences, Tom Blees, National Center for Atmospheric Research, Barry Brook, Yoon Chang, University of Colorado, Jerry Peterson, Argonne National Laboratory, Robert Serafin Joseph Shuster Tom Wigley, “IFR: An optimized approach to meeting global energy needs (Part I)” 2/1/11) http://bravenewclimate.com/2011/02/01/ifr-optimized-source-for-global-energy-needs-part-i/) Fossil fuels currently supply about 80 … an important passive safety feature.
Electricity is the foundational thing to solve to reduce emissions Brook et al 9 (Barry Brook, Professor of Climate Change University of Adelaide, Tom Blees, George Stanford, nuclear reactor physicist, retired from Argonne National Laboratory, and GLR Cowan, “Response to an Integral Fast Reactor (IFR) critique,” 2/21/9) http://bravenewclimate.com/2009/02/21/response-to-an-integral-fast-reactor-ifr-critique/ 6. Ignoring the potential for renewables to produce baseload, intermediate- and peak-load power (see Mark Diesendorf’s paper on this topic at www.energyscience.org.au. Also ignoring the fact that 70-80+ of greenhouse emissions arise from sectors other than electricity generation – so Kirsch’s claim that IFR’s could be the “holy grail in the fight against global warming” is stupid. TB Almost 80 of greenhouse gas … the planning or construction pipeline?
CP leads to global adoption of the ifr Blees et al 11 (Tom Blees1, Yoon Chang2, Robert Serafin3, Jerry Peterson4, Joe Shuster1, Charles Archambeau5, Randolph Ware3, 6, Tom Wigley3,7, Barry W. Brook7, 1Science Council for Global Initiatives, 2Argonne National Laboratory, 3National Center for Atmospheric Research, 4University of Colorado, 5Technology Research Associates, 6Cooperative Institute for Research in the Environmental Sciences, 7(climate professor) University of Adelaide, “Advanced nuclear power systems to mitigate climate change (Part III),” 2/24/11) http://bravenewclimate.com/2011/02/24/advanced-nuclear-power-systems-to-mitigate-climate-change/ There are many compelling reasons … crises of the 21st century.
Completely solves warming with low cost. Morgan 11 – (10/8/11, John, PhD in physical chemistry, runs RandD programmes at a Sydney startup company, research experience in chemical engineering in the US and at the Commonwealth Scientific and Industrial Research Organisation, Australia's national science agency, “Low intensity geoengineering – microbubbles and microspheres,” http://bravenewclimate.com/2011/10/08/low-intensity-geoengineering-microbubbles-and-microspheres/ DH)
But what if there was a … about how crazy it all is. Bright Water In a remarkable paper published just … mention islands and suitable coastlines. It’s the little bubbles of nothing that make it really something The appeal of this technique … metre. That’s some serious power. Light scattering from small spherical particles is calculated using Mie theory, a fairly horrendous piece of mathematical machinery. Seitz reports Mie theory scattering results 1 ?m radius bubbles at various concentrations. At 0.2 ppm of air in water as 1 ?m radius bubbles, the albedo (reflectivity) increase is 1, equal to the current CO2 forcing (Figure 2). This is an astonishing result: … , if we can deploy them.
Lowers temperatures and spurs international action on climate stabilization efforts. Seitz 11 – (Apr. 2011, Russell, research physicist at Harvard University, associate of Harvard University's Center for International Affairs, “Bright water: hydrosols, water conservation and climate change,” Climatic Change (April 2011) 105: 365–381, springerlink DH)
The most recent IPCC assessment (… in international climate stabilization efforts.
Consensus and empirical studies disprove. Duarte et. al. 09 – (11/24/09, Carlos M. Duarte is a research professor with the Spanish Council for Scientific Research at IMEDEA, , I.E. Hendriks, and M. Álvarez, Department of Global Change Research. IMEDEA (CSIC-UIB), Instituto Mediterráneo de Estudios Avanzados, “Vulnerability of marine biodiversity to ocean acidification: A meta-analysis,” Estuarine, Coastal and Shelf Science Volume 86, Issue 2, 20 January 2010, Pages 157-164, sciencedirect DH)
In summary, our analysis shows … the meta-analysis presented here.
Domestic courts uphold zeroing now because they ignore interpretations of international agreements- plan reverses that and applies international agreements to domestic law Reeder ‘6 Casey Reeder, JD Stetson University College of Law, Stetson Law Review, 2006, ZEROING IN ON CHARMING BETSY: HOW AN ANTIDUMPING CONTROVERSY THREATENS TO SINK THE SCHOONER Key to understanding the controversy … impermissible interpretation of international agreements.35
Precedent from Charming Betsy leads to eliminating zeroing- undermines the only argument that allows it to continue- WTO has already made the ruling, the aff is the only step left that’s necessary Reeder ‘6 Casey Reeder, JD Stetson University College of Law, Stetson Law Review, 2006, ZEROING IN ON CHARMING BETSY: HOW AN ANTIDUMPING CONTROVERSY THREATENS TO SINK THE SCHOONER The issue of zeroing has … the dumping margins without zeroing.99
Global economic crisis causes war---statistics and empirics Royal 10 – Jedediah Royal, Director of Cooperative Threat Reduction at the U.S. Department of Defense, 2010, “Economic Integration, Economic Signaling and the Problem of Economic Crises,” in Economics of War and Peace: Economic, Legal and Political Perspectives, ed. Goldsmith and Brauer, p. 213-215
Thus, the answer to the … considered ancillary to those views. Bond – Rule against Schuette – states rights
Econ decline causes global catastrophe and nuclear war Harris and Burrows 9 Mathew, PhD European History @ Cambridge, counselor in the National Intelligence Council (NIC) and Jennifer is a member of the NIC’s Long Range Analysis Unit “Revisiting the Future: Geopolitical Effects of the Financial Crisis” http://www.ciaonet.org/journals/twq/v32i2/f_0016178_13952.pdf Increased Potential for Global Conflict Of course, the report encompasses … a more dog-eat-dog world. Zeroing key to manufacturing and agricultural industries CUSTL 11 (Committee to Support US Trade Laws, "The Committee to Support U. S. Trade Laws Urges Commerce Department Not To Accede To WTO Appellate Body On “Zeroing” In Antidumping Administrative Reviews," Trade Reform, February 21, www.tradereform.org/2011/02/press-release-csustl-urges-commerce-not-to-accede-to-wto-appellate-body-on-zeroing-in-antidumping-reviews/) According to CSUSTL President Gilbert B. … the significant detriment of U.S. manufacturers.” The U.S. would be forced to secure food through military interventions – causes multiple wars. Ikerd ‘2 John Ikerd, Professor Emeritus, University of Missouri, July 27, 2002. “New Farm Bill and U.S. Trade Policy: Implications for Family Farms and Rural Communities” http://web.missouri.edu/~ikerdj/papers/FarmBill.html#_ftn2 Economists argue we need not … security is simply too high.
The aff is net worse for international legal institutions – prevents future negotiation of treaties and congressional invalidation of current ones Adebe and Posner 11 (Daniel Abebe, Eric A. Posner, Assistant Professor and Kirkland and Ellis Professor, University of Chicago Law School. ,The Flaws of Foreign Affairs Legalism, 51 Va. J. Int'l L. 507, 527 (2011), Westlaw)
The executive has been the … not have domestic legal effect.
Supreme Court jurisprudence isn’t key to international law Adebe and Posner 11 (Daniel Abebe, Eric A. Posner, Assistant Professor and Kirkland and Ellis Professor, University of Chicago Law School. ,The Flaws of Foreign Affairs Legalism, 51 Va. J. Int'l L. 507, 527 (2011), Westlaw)
Foreign affairs legalists make sweeping … it has provoked substantial backlash.
*1NR*
Heg -conceded national security
-foreign policy incoherence
Best statistical studies prove heg solves war – violence is declining and heg maintains free trade, deterrence, democracy and other proximate checks Owen 11 – John M. Owen Professor of Politics at University of Virginia PhD from Harvard "DON’T DISCOUNT HEGEMONY" Feb 11 www.cato-unbound.org/2011/02/11/john-owen/dont-discount-hegemony/
Andrew Mack and his colleagues … will not fight one another. Their colossal atomic arsenals neither kept the United States at peace with North Vietnam during the Cold War nor the Soviet Union at peace with Afghanistan. But the argument remains strong that those arsenals did help keep the United States and Soviet Union at peace with each other. Why non-nuclear states are not deterred from fighting nuclear states is an important and open question. But in a time when calls to ban the Bomb are being heard from more and more quarters, we must be clear about precisely what the broad trends toward peace can and cannot tell us. They may tell us nothing about why we have had no World War III, and little about the wisdom of banning the Bomb now. Regarding the downward trend in … , including to end civil wars. We would still need to explain how this charmed circle of causes got started, however. And here let me raise another factor, perhaps even less appealing than the “nuclear peace” thesis, at least outside of the United States. That factor is what international relations scholars call hegemony—specifically American hegemony. A theory that many regard … for liberal democracy remains strong.
def Newer – it didn’t
Judiciary deferring to the executive on national security issues is the norm Fix and Randazzo 10 (Michael P. Fix, Kirk A. Randazzo, Professors of Political Science, “Judicial Deference and National Security: Applications of the Political Question and Act of State Doctrines”, Democracy and Security, 3/16/10, http://people.cas.sc.edu/randazzo/fix_randazzo_2010_dem_and_sec.pdf)
This article examines the history … judicial opposition to executive policies.
lnks Charming Betsy specific
Aff is a dramatic reversal for the Court – the squo makes it impossible to check executive war powers through the judiciary Novkov 13 (Julie, Professor of Political Science and Women’s Studies at the University at Albany, The Supreme Court and the Presidency: Struggles for Supremacy, p. 317)
Court deference to executive treaty interpretation now---the plan sets a precedent for upcoming rulings that collapse deference---kills credible foreign policy Curtis Bradley 13, William Van Alstyne Professor of Law, Professor of Public Policy Studies, and Senior Associate Dean for Academic Affairs, “Terrorists, Pirates, and Drug Traffickers: Customary International Law and U.S. Criminal Prosecutions,” Jan. 11, http://www.lawfareblog.com/2013/01/terrorists-pirates-and-drug-traffickers-customary-international-law-and-u-s-criminal-prosecutions/ The Supreme Court has stated … emerge as a more significant issue.
Treaty enforcement’s a key political question --- judicial enforcement decks political branch foreign affairs policy Curtis Bradley 9, Horvitz Professor of Law, Duke Law School, SELF-EXECUTION AND TREATY DUALITY, http://scholarship.law.duke.edu/cgi/viewcontent.cgi?article=5505andcontext=faculty_scholarship Finally, the Court’s discussion of … takes account of this proposition. CONCLUSION The Supreme Court’s decision in … enforcement, especially in the modern
Incompetance links apply to treaties Abebe and Posner 11 (Daniel and Eric, * Assistant Professor and Kirkland and Ellis Professor, University of Chicago Law School, "The Flaws of Foreign Affairs Legalism," Virginia Journal of International Law, Volume 51, Issue 3, www.vjil.org/assets/pdfs/vol51/issue3/Abebe_Posner.pdf) We are now prepared to … foreign affairs decision-making authority.
Create the perception of weakness – we can’t make threats Waxman 8/25/13 Matthew Waxman, Professor of … prevent a confrontation which might escalate.179
That also collapses heg – turns case Bolton 9 (John R. Senior fellow at … simply embodies weakness and indecision.
key to heg Deference key to heg – 5 reasons Knowles 9 – Acting Assistant Professor, New York University School of Law (Robert, Spring, “American Hegemony and the Foreign Affairs Constitution”, 41 Ariz. St. L.J. 87, Lexis Law)
Flexibility Because the world … individual liberties, even for citizens.
Turns heg Blomquist, 10 - Professor of Law, Valparaiso University School of Law (Robert, “THE JURISPRUDENCE OF AMERICAN NATIONAL SECURITY PRESIPRUDENCE “ Valparaiso University Law Review, Vol. 44, No. 3 2010, Art. 6, google scholar)
Before the United States Supreme … align themselves with regional powers.”27 (2) “Yet, as worrisome as these immediate concerns may be, the long-term challenges are even harder to deal with, and the stakes are higher. Whereas the main Cold War threat—the Soviet Union—was brittle, most of the potential adversaries and challengers America now faces are resilient.”28 (3) “The most important task … can focus its own resources.”34 As further serious preparation for engaging in the jurisprudence of American national security presiprudence in hotly contested cases and controversies that may end up on their docket, our Supreme Court Justices should understand that, as Walter Russell Mead pointed out in an important essay a few years ago,35 the average American can be understood as a Jacksonian pragmatist on national security issues.36 “Americans are determined to keep the world at a distance, while not isolating ourselves from it completely. If we need to take action abroad, we want to do it on our terms.”37 Thus, recent social science survey data paints “a picture of a country whose practical people take a practical approach to knowledge about national security. Americans do not bother with the details most of the time because, for most Americans, the details do not matter most the time.”38 Indeed, since the American people “do know the outlines of the big picture and what we need to worry about in national security affairs so we know when we need to pay greater attention and what is at stake. This is the kind of knowledge suited to a Jacksonian.”39 Turning to how the Supreme … his national security executive subordinates.
warming (1.4 F) since pre-industrial times. "… emissions until the end of 2012.
Conceded don’t say enough
Now is key – if we don’t start by the end of 2012 we’re doomed Kirsch 9 (Steve Kirsch, Bachelor of Science and a Master of Science in electrical engineering and computer science from the Massachusetts Institute of Technology, American serial entrepreneur who has started six companies: Mouse Systems, Frame Technology, Infoseek, Propel, Abaca, and OneID, “Add a Gigawatt a Day to Keep the Climate Crisis at Bay,” 8/18/9) http://www.huffingtonpost.com/steve-kirsch/add-a-gigawatt-a-day-to-k_b_261728.html It is for these and … a good strategy to get there.
His views deviate sharply from … experiment whose result remains uncertain."
1/1/14
Wake Round 5
Tournament: Shirley | Round: 5 | Opponent: Mary Washington McElhinny-Pacheco | Judge: Layton *1NC* 1 Congress will hold off on sanctions now --- capital key, top of the docket Ackerman 11-8 (Spencer,- national security editor for Guardian US. A former senior writer for Wired, he won the 2012 National Magazine Award for Digital Reporting “White House ambitions on Iran deal face challenge from hawks in Congress”) As soon as the Obama … consequences of damaging a nuclear deal.”
interference in drone policy wrecks PC---Obama would fight Elinor June Rushforth 12, J.D. candidate, University of Arizona, James E. Rogers College of Law, Class of 2013, Fall 2012, “NOTE: THERE'S AN APP FOR THAT: IMPLICATIONS OF ARMED DRONE ATTACKS AND PERSONALITY STRIKES BY THE UNITED STATES AGAINST NON-CITIZENS, 2004-2012,” Arizona Journal of International and Comparative Law, 29 Ariz. J. Int'l and Comp. Law 623, p. lexis Because of staunch political and … targeted killing would be fought.
Key to regional stability --- multiple scenarios Saless 9-10 (Shahir Shahid,- political analyst and journalist, writing primarily about Iran's domestic and foreign affairs for the Asia Times and IranAmerica “A Chance at Last”) Iran’s economy is in crisis. … irrational and potentially dangerous path.
The Middle East is a powderkeg Trabanco 09 – Independent researcher of geopolitical and military affairs, Global Research José Miguel Alonso Trabanco (Degree in IR @ Monterrey Institute of Technology and Higher Studies, Mexico City and frequent contributor to Global Research), “The Middle Eastern Powder Keg Can Explode at Anytime,” Global Research, January 13, 2009, pg. http://www.globalresearch.ca/index.php?context=vaandaid=11762 China has become an important … Russia) might become somehow involved. Although Iran is targeted by American neocons for belonging to the so called 'Axis of Evil', Ahmadinejad's government has been pragmatic enough to engage the Americans in covert negotiations about Iraq becoming some sort of buffer state which does not become a client state of neither America nor Iran. Perhaps that is one of the reasons the US has delayed a strike on Iran even though Washington refuses to dismiss its military threat. Israel's operation Cast Lead, as … likelihood of war will increase. As the Prussian strategist Carl Von Clausewitz warned: "War is a gamble" and Operation Cast Lead might bring about some serious consequences indeed. Whether its outcomes are unintended or deliberate is yet to be seen. For instance, Israel's military incursion … Americans and/or the Israelis. Those Arab governments are afraid of Iran's using its proxies and allies to fuel unrest and to topple them, thus advancing Teheran's agenda of becoming a regional leader. If those governments are overthrown, their hypothetical successors will surely be much less willing to collaborate with the West, which knows that, if such thing ever happens, the Middle Eastern balance of power would dramatically change, not to mention that the price of oil would skyrocket. Israel fears a nuclear Iran would mean the end of the Israeli monopoly over nuclear weapons in the region. An Iran armed with nuclear weapons (even if it is ruled by hardline Mahmud Ahmadinejad) would not be foolish enough to attack Israel first because Teheran is well aware of Israel's menacing stockpile of nuclear weapons. So what the Israeli government … seduce Syria away from Iran. On the other hand, the West is not afraid of a nuclear Iran per se. One can infer that from their refusal to do anything meaningful to prevent the acquisition of nuclear weapons by States like India, Israel or Pakistan. Rather, the Americans and the Europeans cannot accept a 'Pax Iranica' in the Middle East because Teheran would, de facto, control a zone which contains the world's largest oil reserves, a resource the Western economies have to import because their domestic supplies are not enough to meet their consumption needs. In case of an Israeli … the middle of a powder keg.
2 The United States congress should clarify that the first use of drones is only acceptable either in self-defense or in response to an attack by a non-state actor located within a state when that state has consented to the United States’ carrying out targeted killing operations within the state’s borders or that state is unwilling or unable to neutralize such actors.
Congress affirming legality and declaring the right to use drones in self-defense solves the case and avoids a partisan backlash- there is universal support for drone usage in national security contexts. Anderson ‘10 Kenneth Anderson, Professor of Law, Washington College of Law, American University, and Research Fellow, The Hoover Institution, Stanford University and Member of its Task Force on National Security and the Law, 3/18/10, Rise of the Drones: Unmanned Systems and the Future of War, digitalcommons.wcl.american.edu/cgi/viewcontent.cgi?article=1002andcontext=pub_disc_cong • Fourth, Congress has vital … , and very legitimate sovereign state.
3 Text: The Executive Branch of the United States should assign review of drone operations to the Intelligence Advisory Board to establish their efficacy and justifiability ex post. The Executive Branch should request Congressional rules for the reviews, including who will carry out the reviews and requiring periodic reports to its committees and the public. President flips out about the plan and causes a huge political show because it undermines war powers- the counterplan solves legitimacy and sets limits on targeted killing without hurting war powers Epps ‘13 GARRETT EPPS, The Atlantic, FEB 16 2013, http://www.theatlantic.com/politics/archive/2013/02/why-a-secret-court-wont-solve-the-drone-strike-problem/273246/ The real problem with Vladeck's … war to continue without supervision.
4 Judicial review would result in … of force in self-defense Benjamin McKelvey 11, J.D., Vanderbilt University Law School, November 2011, “NOTE: Due Process Rights and the Targeted Killing of Suspected Terrorists: The Unconstitutional Scope of Executive Killing Power,” Vanderbilt Journal of Transnational Law, 44 Vand. J. Transnat'l L. 1353 In the alternative, and far … use of defensive force. n118
Aggressive CT to disrupt senior AQ leadership is the key internal link to nuclear terror attacks – need to stop the planning process. Montgomery 09 – (2009, Evan Braden, Research Fellow, has published on a range of issues, including alliance politics, nuclear terrorism, military doctrine, and political revolutions, Center for Strategic and Budgetary Assessments, MA in Foreign Affairs, PhD Candidate at UVA, “Nuclear Terrorism: Assessing the Threat, Developing a Response,” http://www.dtic.mil/cgi-bin/GetTRDoc?AD=ADA506768) The second major implication addresses … the future has correspondingly increased.
Nuclear terror causes accidental US-Russia nuclear war. Barrett et al. 2013 – (6/28, Anthony, PhD, Engineering and Public Policy from Carnegie Mellon University, Director of Research, Global Catastrophic Risk Institute, Fellow in the RAND Stanton Nuclear Security Fellows Program, Seth Baum, PhD, Geography, Pennsylvania State University, Executive Director, GCRI, Research Scientist at the Blue Marble Space Institute of Science, former Visiting Scholar position at the Center for Research on Environmental Decisions at Columbia University, and Kelly Hostetler, Research Assistant, GCRI, “Analyzing and Reducing the Risks of Inadvertent Nuclear War Between the United States and Russia,” Science and Global Security 21(2): 106-133, pre-print, available online) War involving significant fractions of … to misinterpret events as attacks.16
Drones solve Pakistani instability. Curtis 13 – (7/16, Lisa, Senior Researcher, Heritage Foundation, “Pakistan Makes Drones Necessary,” http://www.heritage.org/research/commentary/2013/7/pakistan-makes-drones-necessary) Drones Help Pakistan It is no secret that … judicious use of drone strikes. Complicated Relationship The U.S. will need to keep a … groups like the Haqqani Network.
Drones are the only barrier to insurgent takeover – no alternatives Vira 12 – (10/12, Varun, researcher and anayst, Small Wars Journal, author of an extensive report on Pakistan by the Center for Strategic and International Studies, “Anti-Drone Hysteria in Pakistan Obscures Governance Failures,” World Politics Review, http://www.worldpoliticsreview.com/articles/12415/anti-drone-hysteria-in-pakistan-obscures-governance-failures) Though drones are not ideal, … themselves that continue to suffer.
Escalates to nuclear war. Pitt 09 – a New York Times and internationally bestselling author of two books: "War on Iraq: What Team Bush Doesn't Want You to Know" and "The Greatest Sedition Is Silence." (5/8/09, William, “Unstable Pakistan Threatens the World,” http://www.arabamericannews.com/news/index.php?mod=articleandcat=commentaryandarticle=2183) But a suicide bomber in Pakistan … situation. So should we all.
5 The aff requires repeal of the state secrets privilege Murphy and Radsan 9 – (2009, Richard, ATandT Professor of Law, Texas Tech University School of Law, and Afsheen John, Professor, William Mitchell College of Law, general counsel at the CIA, 2002-2004, “DUE PROCESS AND TARGETED KILLING OF TERRORISTS,” Cardozo Law Review, Vol. 31:2, google scholar) But as the dissenting judge … executive authority is most necessary.
Kills heg Turner 9 – (2009, Robert, Professor, University of Virginia (General Faculty), and Associate Director of the Center for National Security Law, Former Charles H. Stockton Professor of International Law at the Naval War College and chair of the ABA Standing Committee on National Security, “THE CONSTITUTIONAL FOUNDATION FOR FACT DEFERENCE IN NATIONAL SECURITY CASES,” VIRGINIA LAW REVIEW IN BRIEF VOLUME 95 DECEMBER 7,2009 PAGES 87-96)
Even where the Constitution has … our military forces at war.
No norm creation or national security threat from drone prolif – won’t be used by terrorists or in state based conflict Lewis and Crawford 13 – (Michael, Professor of Law at Ohio Northern University Pettit College of Law, and Emily, PhD, post-doctoral fellow and associate at the Sydney Centre for International Law, “Drones and Distinction: How IHL Encouraged the Rise of Drones,” Georgetown Journal of International Law, Vol. 44) Before discussing the legal merits … target individuals across the globe.” 168
China won’t use drones offensively Erickson 13, associate professor – Naval War College, associate in research – Fairbank Centre @ Harvard, 5/23/13 (Andrew, China Has Drones. Now What?", www.foreignaffairs.com/articles/136600/andrew-erickson-and-austin-strange/china-has-drones-now-what) Beijing, however, is unlikely to … with its own drone programme.
But despite the rhetoric and … differences through negotiation, not war.
US will always deter China---even if they acted it would only cause a diplomatic fuss Vu Duc ‘13 "Khanh Vu Duc is a Vietnamese-Canadian lawyer who researches on Vietnamese politics, international relations and international law. He is a frequent contributor to Asia Sentinel and BBC Vietnamese Service, "Who's Bluffing Whom in the South China Sea?" www.asiasentinel.com/index.php?option=com_contentandtask=viewandid=5237andItemid=171 Conversely, China would find an increased American presence unacceptable and a nuisance. Of course, neither country is likely to find itself staring down the barrel of the other's gun. China's plans for the region would undoubtedly be under greater American scrutiny if Washington decides to allocate more assets to Asia-Pacific. For the US, returning in force to Asia-Pacific would prove to be a costly endeavour, resources the country may or may not be able to muster. Yet, even if this is true, Washington's calculations may determine that the security risk posed by China in the region outweighs whatever investment required by the US. China's dispute with Japan over … resolution, rather than brute force.
saudi There’s a sustainable consensus on … the drone program---won’t collapse Robert Chesney 12, professor at the University of Texas School of Law, nonresident senior fellow of the Brookings Institution, distinguished scholar at the Robert S. Strauss Center for International Security and Law, 8/29/12, “Beyond the Battlefield, Beyond Al Qaeda: The Destabilizing Legal Architecture of Counterterrorism,” http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2138623 This multi-year pattern of … enough for the time being.
Move to the dod solves Waxman 13 – (3/20, Matthew, law professor at Columbia Law School, co-chair, Roger Hertog Program on Law and National Security, Adjunct Senior Fellow for Law and Foreign Policy at the Council on Foreign Relations, member of the Hoover Institution Task Force on National Security and Law, “Going Clear,” Foreign Policy, http://www.foreignpolicy.com/articles/2013/03/20/going_clear?wp_login_redirect=0) So, moving operations to the … remaining policy on stronger footing.
Relations … Resilient – military and energy ties Teitelbaum 7/17—Joshua, Senior Fellow, Moshe Dayan Center for Middle East and African Studies, Tel Aviv U. Adjunct Senior Lecturer, Middle Eastern History, Bar Ilan U. PhD, Tel Aviv U, 17 July 2011, Joshua, Empty Words: Saudi Blustering and US-Saudi Realities, http://www.biu.ac.il/Besa/perspectives147.html The Saudis are truly angry … threatened by some Saudi officials. As the British might say, Prince Turki al-Faisal, former Saudi Ambassador to Washington, has got his knickers in a twist. In June he published an op-… talking up the Palestinian issue. According to Turki, Saudi Arabia was a “bulwark of the Middle East”; if Americans thought that Israel was an indispensible ally, “they will soon learn that there are other players in the region…. The game of favoritism toward Israel has not proven wise for Washington, and soon it will be shown to be an even greater folly.” “There will be disastrous consequences for U.S.-Saudi relations if the United States vetoes U.N. recognition of a Palestinian state,” huffed Turki. Turki’s op-ed came about a month after Saudi security consultant Nawaf Obaid ominously declared that Saudi Arabia, angered over American’s “ill-conceived response” to the Arab protests and support for Israel, had brought the “oil for security arrangement” between the countries to an end. Obaid works for Turki at the King Faisal Center for Research and Islamic Studies in Riyadh. Saudi Arabia, he concluded, would “recalibrate the partnership.” So what’s going on here? … for its main Arab ally. Turki has often taken an abrasive approach to the US, as has his employee Obaid. In answer to a question about religious persecution of Christians in Saudi Arabia at the Council on Foreign Relations in 2006, Turki parried, choosing instead to suggest that Christians accept Muhammad as a prophet and the Koran as divine. Which means, if you know something about Islam, that they would become Muslims. According to Turki then, Christians should either convert to Islam or shut up. When the US was discussing drawing down in Iraq, Turki and Obaid struck again, warning the US against a withdrawal: “Since America came into Iraq uninvited, it should not leave Iraq uninvited", Turki told a conference in 2006. Obaid threatened that Saudi Arabia would intervene on the side of the Sunnis should a US withdrawal leave the Shiites on top. Turki also had no compunction about attacking US policy in Afghanistan as inept.” The problem is the Saudis … threatened by some Saudi officials.
Lack of trust irrelevant – they’re totally dependant David Miller 11, public policy fellow at the Woodrow Wilson International Center for Scholars, 6-19- 2011, “U.S.-Saudi Arabia Relationship Changes with the Times,” NPR, Lexis. I don't think, frankly, they … , and to preserve their relationship.
No oil shocks – newest research. Kahn 11 Jeremy Kahn, Boston Globe, Crude reality Will a Middle Eastern oil disruption crush the economy? New research suggests the answer is no -- and that a major tenet of American foreign policy may be fundamentally wrong. By February 13, 2011 http://www.boston.com/bostonglobe/ideas/articles/2011/02/13/crude_reality/ Economists have a term for this … adept at filling the gap.
Naval power is resilient – no challengers. Greg Grant, Defense Tech, “The End of U.S. Maritime Dominance? Not So Fast Argues Naval Strategist,” 9/2/2010, http://defensetech.org/2010/09/02/the-end-of-u-s-maritime-dominance-not-so-fast/ In a new research paper I came … to measure than many claim. The debate itself is being driven by economics, of course; China’s GDP witnessed an astonishing 10-fold increase between 1978 and 2004. A “highly effective” government stimulus program and massive credit expansion meant China recovered quickly from the financial crisis; the U.S. has not. In 2000, U.S. GDP was eight times larger than China’s; now it’s only four times larger. “Historically, growth in GDP has a high correlation with naval expenditure,” writes Till. The other major driver is … many decades of 24/7 oceanic operations.” The real strength of a navy should be measured not by the number of units, Till argues, but how those compare to the requirements the platform is intended to perform. Till also questions Chinese shipbuilding … and the export of machinery.
Fifth fleet actually destabilizes the gulf – turns all of the advantage
a. Causes allied aggression JONES 2011 (Toby C. Jones is assistant professor of history at Rutgers University. He is author of Desert Kingdom: How Oil and Water Forged Modern Saudi Arabia and an editor at Middle East Report, “Time to Disband the Bahrain-Based U.S. Fifth Fleet,” The Atlantic, June 10, http://www.theatlantic.com/international/archive/2011/06/time-to-disband-the-bahrain-based-us-fifth-fleet/240243/2/) It is widely believed that … be a good place to start.
b. Fifth fleet causes assymetric tactics from iran and terrorists GRESH 2010 (Geoffrey Gresh is a graduate student at The Fletcher School of Law and Diplomacy,. Tufts University and former Rotary Ambassadorial Scholar to Turkey, “Traversing the Persian Gauntlet: U.S. Naval Projection and the Strait of Hormuz,” The Fletcher Forum of World Affairs, January, http://vlex.com/vid/traversing-gauntlet-naval-strait-hormuz-229098899) The United States relies on a … carrier group or instill fear.5
c. Other forces check Iran – Fifth fleet only increases risk of conflict and miscalc GRESH 2010 (Geoffrey Gresh is a graduate student at The Fletcher School of Law and Diplomacy,. Tufts University and former Rotary Ambassadorial Scholar to Turkey, “Traversing the Persian Gauntlet: U.S. Naval Projection and the Strait of Hormuz,” The Fletcher Forum of World Affairs, January, http://vlex.com/vid/traversing-gauntlet-naval-strait-hormuz-229098899) However, the United States is … situations at home and abroad.
The Fifth Fleet trades off with overall naval power GOURÉ 2005 (Dr. Daniel Gouré is vice president of the Lexington Institute, a defense-policy “think tank.” Prior to joining Lexington, he was the deputy director of the International Security Program at the Center for Strategic and International Studies, in Washington, D.C., “The Tyranny of Forward Presence,” Naval Power in the Twenty-first Century A Naval War College Review Reader) The Navy understands the problem. … on their availability and readiness.25
*2NC* US will always deter China---even if they acted it would only cause a diplomatic fuss Vu Duc ‘13 "Khanh Vu Duc is a Vietnamese-Canadian lawyer who researches on Vietnamese politics, international relations and international law. He is a frequent contributor to Asia Sentinel and BBC Vietnamese Service, "Who's Bluffing Whom in the South China Sea?" www.asiasentinel.com/index.php?option=com_contentandtask=viewandid=5237andItemid=171 Conversely, China would find an increased American presence unacceptable and a nuisance. Of course, neither country is likely to find itself staring down the barrel of the other's gun. China's plans for the region would undoubtedly be under greater American scrutiny if Washington decides to allocate more assets to Asia-Pacific. For the US, returning in force to Asia-Pacific would prove to be a costly endeavour, resources the country may or may not be able to muster. Yet, even if this is true, Washington's calculations may determine that the security risk posed by China in the region outweighs whatever investment required by the US. China's dispute with Japan over … resolution, rather than brute force.
Drones crush terrorists and solve militant takeover in Pakistan Nadim 12 (Hussain Nadim, visiting scholar at the Woodrow Wilson Center, August 8, 2012, "How Drones Changed the Game in Pakistan," National Interest, nationalinterest.org/how-drones-changed-the-game-pakistan-7290)
Regardless of what the news … to burn a few American flags.
2. “My administration,” Obama said, “has worked vigorously to establish a framework that governs our use of force against terrorists — insisting upon clear guidelines, oversight and accountability.” Despite releasing a “fact sheet” on … effect of this killing campaign. In fact, we don’t even know if this administration believes we are at war in Yemen or in Pakistan. Or if it’s operating under a legal theory of self-defense. The distinction is critical to which rules we’re following. In his speech, the president … highest standard we can set.” This only begs the question. Were the dozens reportedly killed by U.S. drones in Yemen really posing an “imminent threat to the American people” that couldn’t have been addressed by the government of Yemen? How many civilians were killed? We still don’t know.
Drones, as Washington’s prevailing wisdom … , mostly in Pakistan and Yemen. While there has been skepticism about the use of drones from the beginning, Obama’s drone policies were subject to a more heated discussion the past year. The legality and effects of drone strikes have been litigated in Congress (domestic ramifications at least), in scholarly articles, both pro, and con, and most importantly by Obama, who discussed the issue in the most public detail in a speech at the National Defense University in May. During that speech, where Obama … translates into less civilian outrage.
Obama 3s drones Dibbert 10/23 (Taylor Dibbert is an international consultant based in Washington, DC. He is the author of numerous articles, reports and the book Fiesta of Sunset: The Peace Corps, Guatemala and a Search for Truth, 10/23/13, http://www.thecommentator.com/article/4275/obama_drones_on)
During his first presidential campaign, … the term “war on terror.”) Perhaps the visit of Pakistani Prime Minister, Nawaz Sharif, is a good time to reflect on five years of misguided counterterrorism policies. After all, Sharif has recently called for an end to drone strikes – noting that the issue is hurting US-Pakistani ties. In addition, a pair of recently released reports, by Amnesty International and Human Rights Watch, has emphasized just how problematic the systematic use of drones is. Indeed, the “collateral damage” as a … there’s anything wrong with that.
Obama loves drones and future presidents will too Scahill 10/29 (Jeremy Scahill is national security correspondent for the Nation magazine and author of the New York Times bestsellers Blackwater: The Rise of the World's Most Powerful Mercenary Army and most recently Dirty Wars: The World Is a Battlefield (both published by Nation Books). He is also the subject, producer, and writer of the film Dirty Wars, an official selection of the 2013 Sundance Film Festival, where it won the US documentary cinematography prize, now available on DVD. This essay is the epilogue to his book Dirty Wars. 10/29/13, http://www.motherjones.com/politics/2013/10/obama-drone-counterterrorism-war-legacy?page=1) *cites Boyle - Michael Boyle, a former adviser in the Obama campaign's counterterrorism experts group and a professor at LaSalle University
The creation of the kill … this action than Obama supposedly is." In late 2012, the ACLU and the New York Times sought information on the legal rationale for the kill program, specifically the strikes that had killed three US citizens—among them 16-year-old Abdulrahman Awlaki. In January 2013, a federal judge ruled on the request. In her decision, Judge Colleen McMahon appeared frustrated with the White House's lack of transparency, writing that the Freedom of Information Act (FOIA) requests raised "serious issues about the limits on the power of the Executive Branch under the Constitution and laws of the United States, and about whether we are indeed a nation of laws, not of men." She charged that the Obama … and seemingly ever-growing exercise."
Drone strikes have declined numerically … to employ them as needed WT 10-9 – Washington Times, 10/9/13, “Drone strikes plummet as U.S. seeks more human intelligence,” http://www.washingtontimes.com/news/2013/oct/9/drone-strikes-drop-as-us-craves-more-human-intelli/print/ The number of drone strikes … make them less politically palatable. But the sources acknowledged that a growing desire to close a recent gap in actionable human intelligence on al Qaeda's evolving operations also has renewed the administration's interest in more clandestine commando raids like the one that netted a high-value terrorist suspect in Libya last weekend. Capturing and interrogating suspects can provide valuable intelligence about a terrorist network that has been morphing from its roots with a central command in Pakistan and Afghanistan (known as intelligence circles as the FATA) to more diverse affiliates spread most notably across North Africa, officials and analysts said. "Al Qaeda's senior leadership … is going to shift accordingly." The decreased reliance on drones was in full view last weekend when one team of commandos from the Army's Delta Force captured long-sought al Qaeda operative Abu Anas al-Libi in Tripoli and a Navy SEAL team failed to take down an al Qaeda affiliate leader in Somalia. The U.S. has carried out nearly 400 drone strikes over the past decade in Pakistan, Yemen and Somalia, a tactic that killed numerous senior operatives. But al Qaeda leaders have been increasing their own counterintelligence activities and moving to more populated areas in order to increase the risks of civilian casualties, two developments that have made the strikes less politically palatable and effective, analysts and intelligence sources say. As a result, the number of drone strikes carried out against al Qaeda suspects in the Middle East and South Asia has dropped by half over the past year. There were 22 drone strikes on targets in Pakistan during the first 10 months of this year, compared with 47 carried out during 2012 and 74 in 2011, according to data compiled by the London-based Bureau of Investigative Journalism, the leading independent body examining the U.S. government's secretive drone program. But intelligence officials and some … drones when it makes sense.
Obama will expand the use … future---particularly the imminence standard Alexei Offill-Klein 13, J.D. University of California, Davis, School of Law, Spring 2013, “Note: Targeted Killings: Al-Aulaqi v. Obama and the Misuse of the Political Question Doctrine,” U.C. Davis Journal of International Law and Policy, 19 U.C. Davis J. Int'l L. and Pol'y 207 There are signs the Obama … not previously have been targeted.
McKelvey evidence – judicial review would make all targeted killing unconstitutional because Court would rule it doesn’t meet imminence standards
Drone court crushes counter-terror- delay Oliphant, 13 -- National Journal deputy magazine editor; citing Gregory McNeal, a counterterrorism expert at Pepperdine University James, “Vetting the Kill List,” 5-30-13, http://www.nationaljournal.com/magazine/vetting-the-kill-list-20130404, accessed 8-16-13
Precedent- drone court snowballs Boot, 13 – CFR senior fellow Max, Jeane J. Kirkpatrick Senior Fellow in National Security Studies at the Council on Foreign Relations, "A Drone Court is a Terrible Idea," Commentary, 2-11-13, www.commentarymagazine.com/2013/02/11/a-drone-court-is-a-terrible-idea-fisa-terroris/, accessed 8-15-13, mss
Nevertheless creating such a court would be a very bad idea because it would constitute a dangerous infringement on the president’s authority as commander-in-chief. To be sure, there are few cases of drone strikes involving American citizens such as Anwar al-Awlaki and it would probably not be any great burden in the war on terror to have those instances reviewed by a court. The danger is that this would be the establishment of a dangerous precedent, with judges soon being called upon to approve all drone strikes, whether the targets are American citizens or not. There is already a fair amount of bureaucracy to vet such strikes and minimize collateral damage, which sometimes results in the suspects making an escape before approval to fire a Hellfire missile can be obtained. Introducing judges into the mix would make such operations intolerably slow and unwieldy. If judges were given power to review military or CIA strikes taking place outside the country, where would this trend end? With troops having to read detainees on a foreign battlefield their Miranda rights? With judges having to approve in advance all military plans—including armored offensives and artillery barrages—to make sure they don’t infringe on someone’s civil rights? Such scenarios are not asoutlandish crazy as they sound. Civil liberties lawyers have already been trying to get the U.S. courts to assume oversight of detainees held in Afghanistan—one federal judge even ruled that these detainees had a right to a hearing before being overruled by the Court of Appeals for the District of Columbia. paraphrased for ableist language
Given that reality, shifting the responsibility of a sign-off to a set of federal judges, who are unelected and serve for life, would allow the White House to escape the consequences of its actions, or more crucially, perhaps its failure to act if a target slips out of harm’s way and then masterminds an attack. Military decisions are, at heart, political ones, McNeal says, and they are rightly made by the branch of government whose top official, the president, faces voters. (A case in point: Republicans suffered at the ballot box in 2006 and 2008 as a result of the public’s displeasure with the Iraq war.) “If you’re a politician,” McNeal says of a drone court, “this is great. Because you aren’t on the hook for anything.” By and large, federal judges don’t want to be in this position. They worry about damaging the integrity of the bench. Retired Judge James Robertson, who served on the U.S. Appeals Court in Washington, argued in The Washington Post that the Constitution forbids the judiciary from issuing advisory opinions. “Federal courts rule on specific disputes between adversary parties,” he wrote. “They do not make or approve policy; that job is reserved to Congress and the executive.” The FISA court is a different animal, because approving surveillance is related to Fourth Amendment protections on search warrants. Still, Americans don’t have to grant the White House complete latitude to operate its targeted-killing program. Another idea that has marshaled some support is an inspector general empowered to review operations after the fact. If administration officials know that someone else ultimately will be auditing their decisions, Chesney says, that may be enough of a check on their conduct. Or as Ronald Reagan once put it: “Trust, but verify.”
Targeting revision- drone court deters it Johnson, 13 -- Former Pentagon General Counsel Jeh, American civil, criminal trial lawyer, and General Counsel of the Department of Defense from 2009 to 2012 during the first Obama Administration, "A “Drone Court”: Some Pros and Cons," Lawfare, 3-18-13, www.lawfareblog.com/2013/03/jeh-johnson-speech-on-a-drone-court-some-pros-and-cons/, accessed 8-15-13, mss
Next, if the court’s jurisdiction is limited to U.S. citizens, there is the question of exactly what the court is to decide. If one accepts the criteria for targeting a U.S. citizen set forth in the Attorney General’s speech a year ago, it has several parts: (1) the target is a senior operational leader of al Qaeda or associated forces who is actively engaged in planning to kill Americans, (2) the individual poses an imminent threat to the United States, (3) capture is not feasible; and (4) the operation would be conducted in a manner consistent with applicable law of war principles.10 Starting with the last of these criteria: this one is implicit in every military operation, This includes consideration of, for example, the type of weapon used, and the elimination or minimization of collateral damage. Often, these matters are, and should be, left to the discretion of the military commander in direct control of the operation, along with the time, place and manner of the operation. Even if the overall approval of the operation comes from the President or Secretary of Defense, this particular aspect of it is not something that we should normally seek to micromanage from Washington; likewise, there is also not much to be gained by having a federal judge try to review these details in advance. Next, there are the questions of feasibility of capture and imminence. These really are up-to-the-minute, real time assessments of the type I believe Judge Bates was referring to when he said that courts are “institutionally ill-equipped ‘to assess the nature of battlefield decisions.’”11 Indeed, I have seen feasibility of capture of a particular objective change several times in one night. Nor are these questions ones of a legal nature, by the way. Judges are accustomed to making legal determinations based on a defined, settled set of facts – a picture that has already been painted; not a moving target, which is what we are literally talking about here. These are not one-time-only judgments and we want military and national security officials to continually assess and reassess these two questions up until the last minute before an operation. If these types of continual reassessments must be submitted to a member of the Article III branch of government for evaluation, I believe we compromise our government’s ability to conduct these operations effectively. The costs will outweigh the benefits. In that event, I believe we will also discourage the type of continual reevaluation I’m referring to.
Drone decisions are made in ticking time bomb situations – the plan causes strikes on leaders to be called off Bloomberg 13 ("Why a Drone Court Won't Work," February 18, www.bloomberg.com/news/2013-02-18/why-a-drone-court-won-t-work.html Given the ticking-time-bomb nature of drone strikes, seeking judicial approval for an individual strike is impractical. More likely, a judge would have to sign off on adding an individual to the administration’s “kill list” of targets. To get approval, the administration would be obligated to make a case that the person is an imminent threat and that capture wouldn’t be possible. (It’s unclear whether the protocol would apply to all targeted people or just to U.S. citizens such as Anwar al-Awlaki.) Such a system would ostensibly have two benefits: increasing the legitimacy of the drone war and placing a check on the executive branch’s power to decide life and death. On closer examination, both advantages prove illusory. First, few outraged Pakistanis would be assuaged by the distinction of judicial scrutiny, and civil libertarians would point out that the target is never given a chance to make a case before the judge. This lack of an “adversarial setting” for the subject might be defensible in the case of FISA warrants, but the stakes here are far higher than a simple wiretap. As for the balance of powers, that is where we dive into constitutional hot water. Constitutional scholars agree that the president is sworn to use his “defensive power” to protect the U.S. and its citizens from any serious threat, and nothing in the Constitution gives Congress or the judiciary a right to stay his hand. It also presents a slippery slope: If a judge can call off a drone strike, can he also nix a raid such as the one that killed Osama bin Laden? If the other branches want to scrutinize the president’s national security decisions in this way, they can only do so retrospectively.
Ex ante review prevents use of drones against senior leadership DOJ 13 (Department of Justice, "Lawfulness of a Lethal Operation Directed Against a US Citizen Who Is a SEnior Operational Leader of Al-Qa'ida or an Associated Force," msnbcmedia.msn.com/i/msnbc/sections/news/020413_DOJ_White_Paper.pdf) Finally, the Department notes that under the circumstances described in this papr, there exists no appropriate judicial forum to evaluate these constitutional considerations. It is well established that “matters intimately related to foreign policy and national security are rarely proper subjects for judicial intervention,” Haig v. Agee, 453 US 280, 292 (1981), because such matters “frequently turn on standards that defy the judicial application,” or “involve the exercise of a discretion demonstrably committed to the executive or legislature,” Baker v. Carr, 369 US 186, 211 (1962). Were a court to intervene here, it might be required inappropriately to issue an ex ante commend to the President and officials responsible for operations with respect to their specific tactical judgment to mount a potential lethal operation against a senior operational leader of al-Qa’ida or its associated forces. And judicial enforcement of such orders would require the Court to supervise inherently predictive judgments by the President and his national security advisors as to when and how to use force against a member of an enemy force against which Congress has authorized the use of force.
Ex ante judicial review prevents necessary and legal drone strikes Vladeck 13 (Steve, Steve Vladeck is a professor of law and the associate dean for scholarship at American University Washington College of Law. A 2004 graduate of Yale Law School, Steve clerked for Judge Marsha Berzon on the Ninth Circuit and Judge Rosemary Barkett on the Eleventh Circuit. In addition to serving as a senior editor of the Journal of National Security Law and Policy, Steve is also the co-editor of Aspen Publishers’ leading National Security Law and Counterterrorism Law casebooks., "Why a drone Court Won't Work - But (Nominal) Damages Might..."www.lawfareblog.com/2013/02/why-a-drone-court-wont-work/) In my view, the adversity issue is the deepest legal flaw in “drone court” proposals. But the idea of an ex ante judicial process for signing off on targeted killing operations may also raise some serious separation of powers concerns insofar as such review could directly interfere with the Executive’s ability to carry out ongoing military operations…¶ First, and most significantly, even though I am not a particularly strong defender of unilateral (and indefeasible) presidential war powers, I do think that, if the Constitution protects any such authority on the part of the President (another big “if”), it includes at least some discretion when it comes to the “defensive” war power, i.e., the President’s power to use military force to defend U.S. persons and territory, whether as part of an ongoing international or non-international armed conflict or not. And although the Constitution certainly constrains how the President may use that power, it’s a different issue altogether to suggest that the Constitution might forbid him for acting at all without prior judicial approval–especially in cases where the President otherwise would have the power to use lethal force.¶ This ties together with the related point of just how difficult it would be to actually have meaningful ex ante review in a context in which time is so often of the essence. If, as I have to think is true, many of the opportunities for these kinds of operations are fleeting–and often open and close within a short window–then a requirement of judicial review in all cases might actually prevent the government from otherwise carrying out authority that most would agree it has (at least in the appropriate circumstances). This possibility is exactly why FISA itself was enacted with a pair of emergency provisions (one for specific emergencies; one for the beginning of a declared war), and comparable emergency exceptions in this context would almost necessarily swallow the rule. Indeed, the narrower a definition of imminence that we accept, the more this becomes a problem, since the time frame in which the government could simultaneously demonstrate that a target (1) poses such a threat to the United States; and (2) cannot be captured through less lethal measures will necessarily be a vanishing one. Even if judicial review were possible in that context, it’s hard to imagine that it would produce wise, just, or remotely reliable decisions.
Too many quickly changing factors, the plan would prevent actually “puling the trigger” with drones Taylor 13 (Paul, Senior Fellow at the Center for Policy and Research and an alumnus of Seton Hall Law School and the Whitehead School of Diplomacy and International Relations, "TransparentPolicy - National Security Blog by the Center for Policy and Research at Seton Hall University, March 23, transparentpolicy.org/2013/03/former-dod-lawyer-frowns-on-drone-court/) Johnson also notes that even the determination of the facts is fraught with problems. The first three of Holder’s criteria for the legality of a targeted killing operation, feasibility of capture, imminence of threat, and senior leadership in an enemy organization, are time-sensitive determinations. Feasibility, Johnson notes from personal experience, can change several times in one night. That imminence may change over time is obvious to anyone with a dictionary. And while a target’s position as a senior leader in al-Qaeda is unlikely to change very often, it does on occasion (take the case of Mokhtar Belmokhtar). Requiring a court to determine these facts in advance would also require that the executive would have to notify the court when any change has occurred that might effect that determination. Meanwhile, use of ex post review would allow the court to look at a single point in time, when the executive “pulled the trigger” on the operation, thus crystallizing the facts and obviating this problem.
Creates additional hurdles that prevents acting quickly on new information Taylor 13 (Paul, Paul is a Senior Fellow at the Center for Policy and Research and an alumnus of Seton Hall Law School and the Whitehead School of Diplomacy and International Relations., "A FISC For Drones?" TransparentPolicy, February 9, transparentpolicy.org/2013/02/a-fisc-for-drones/ I’m not sure that it does. Names may be placed on the list at any time, conceivably as the result of a time sensitive push within the intelligence community. While I am not an expert in the process of targeting decisions, I think that the executive may need to be able to act quickly on new information that indicates that a subject is targetable. Ex ante review would place an additional hurdle between the decisive intelligence and the operation. Chesney seems to realize this by admitting the need for an “exigent circumstances exemption.” But this exception would itself mean defaulting back to an ex post review.
Aff kills the drone program – uncertainty and inability to make real time decisions Johnson 13 (Jeh Charles, Former Pentagon General Counsel, "Keynote address at the Center on National Security at Fordham Law School:," March 18www.lawfareblog.com/2013/03/jeh-johnson-speech-on-a-drone-court-some-pros-and-cons/) On the other hand, if the proposal is to include all targeted lethal force off the “hot battlefield,” that is a different matter. In that event, in the current world environment, the judge will have supplanted the senior legal official of a national security agency from a large part of his or her job. To do that conscientiously and effectively, one judge or another on this court should consider getting an office in the Pentagon or other agency, and plan on spending a lot of time there, be continually available, ever vigilant, and have continual, around-the-clock access to secure communications, counterterrorism personnel and executive branch lawyers, to hear presentations, receive intelligence, probe intelligence officers for weaknesses in the intelligence, and ask lots of other questions. This is not something to be done “on the papers,” as they say in court.¶ Next, if the court’s jurisdiction is limited to U.S. citizens, there is the question of exactly what the court is to decide. If one accepts the criteria for targeting a U.S. citizen set forth in the Attorney General’s speech a year ago, it has several parts:¶ (1) the target is a senior operational leader of al Qaeda or associated forces who is actively engaged in planning to kill Americans,¶ (2) the individual poses an imminent threat to the United States,¶ (3) capture is not feasible; and¶ (4) the operation would be conducted in a manner consistent with applicable law of war principles.10¶ Starting with the last of these criteria: this one is implicit in every military operation, This includes consideration of, for example, the type of weapon used, and the elimination or minimization of collateral damage. Often, these matters are, and should be, left to the discretion of the military commander in direct control of the operation, along with the time, place and manner of the operation. Even if the overall approval of the operation comes from the President or Secretary of Defense, this particular aspect of it is not something that we should normally seek to micromanage from Washington; likewise, there is also not much to be gained by having a federal judge try to review these details in advance.¶ Next, there are the questions of feasibility of capture and imminence. These really are up-to-the-minute, real time assessments of the type I believe Judge Bates was referring to when he said that courts are “institutionally ill-equipped ‘to assess the nature of battlefield decisions.’”11 Indeed, I have seen feasibility of capture of a particular objective change several times in one night. Nor are these questions ones of a legal nature, by the way.¶ Judges are accustomed to making legal determinations based on a defined, settled set of facts – a picture that has already been painted; not a moving target, which is what we are literally talking about here. These are not one-time-only judgments and we want military and national security officials to continually assess and reassess these two questions up until the last minute before an operation. If these types of continual reassessments must be submitted to a member of the Article III branch of government for evaluation, I believe we compromise our government’s ability to conduct these operations effectively. The costs will outweigh the benefits. In that event, I believe we will also discourage the type of continual reevaluation I’m referring to.¶ That leaves the question of whether the objective is in fact a senior leader of al Qaeda, plotting to kill Americans. Of those I have identified, this one is actually the simplest and most straight-forward, but it is the only one that could plausibly be referred to a court, in my view. But it is not a question unique to U.S. citizens. Whether an objective is a combatant and part of the congressionally-declared enemy is a question we should ask in every instance. Is it, therefore, really worth submitting to a court?¶ Other considerations:¶ Many like to draw distinctions between on and off a so-called “hot battlefield.” In my view, the distinction is becoming increasingly stale. On the one “hot” battlefield left since 2001, Afghanistan, the U.S. is winding down operations, while al Qaeda has migrated to Yemen and north Africa. Further, I can envision a lot of debate and uncertainty about what constitutes the “hot battlefield?” Is it U.S. boots on the ground? If so, how many? Why should that be the test? What about Libya in 2011, for example? The distinction makes sense for developing policy, but I caution against the development of different legal regimes and standards on this basis.¶ Next, a minor point: the phrase “drone court” is a catchy phrase that fits on the bumper-sticker, but it’s a conceptual misnomer. The activity we are talking about is not limited to unmanned aerial vehicles. Targeted lethal force can be, and is, conducted from a several other types of platforms, including manned aircraft.¶ Then there are the constitutional issues. Again, this depends in large part on the scope of what we are considering. I agree with the analysis of Professors Vladeck and Epps on the subject.12 Article II of the Constitution states that the President “shall” be the Commander-in-Chief of the armed forces. That is his burden and responsibility. He may delegate his war-fighting authority within his chain of command, but he cannot assign part of it away to another branch of government, nor have it taken away by an act of Congress. The Article III problems are just as serious: the judiciary does not exist to issue advisory opinions or offer legal advice to the President; they exist to resolve live cases or controversies.13¶ Many refer to the FISA court by analogy, to say that the FISA court, too, does not resolve cases or controversies between parties; it also authorizes surveillance based on classified, ex parte submissions. But this judicial activity has its roots in the warrant requirement in the Fourth Amendment. What FISA judges do is an extension of what judges do every day ex parte in the domestic law enforcement context when they issue search warrants.14 The idea of judicial authorization of lethal force against an enemy combatant, particularly during armed conflict, has no similar roots in an activity typically performed by the judiciary. To the contrary, the idea is motivated by a desire to rein in the President’s constitutional authority to engage in armed conflict and protect the nation, which is the very reason it has constitutional problems.¶ Next, any requirement to submit certain objectives to a national security court must contain exceptions for the Executive Branch to act on its own in exigent circumstances. Again, is it therefore worth it?¶ Also, beware of creating the wrong set of incentives for those who must conduct these operations. A lawful military objective may include an individual, whether his name or his citizenship are known; it may also include a location (like a terrorist training camp) or an object (like a truck filled with explosives). By creating a separate legal regime with additional requirements for an objective if his name or citizenship becomes known, what disincentives do we create for an operator to know for certain the identity of those likely to be present at a terrorist training camp or behind the wheel of the truck bomb? Or, must the government refrain from an attack on what it knows to be an active and dangerous training camp if an al Qaeda terrorist who might be a U.S. citizen wanders in?
The aff applies a standard of review akin to that used by a criminal prosecution means that the aff can’t answer any of our “real-time decisionmaking” links that are necessary to effective drone use Guiora 12 (Amos N. Guiora, Targeted Killing: When Proportionality Gets All Out of Proportion, 45 Case W. Res. J. Int'l L. 235, 240 (2012)) The solution to this search for an actionable guideline is the strict scrutiny standard. What is strict scrutiny, and how is it to be implemented in the context of operational counterterrorism? Why is there a need, if at all, for an additional standard articulating self-defense? The strict scrutiny standard would enable operational engagement of a non-state actor predicated on intelligence information that would meet admissibility standards akin to a court of law. The strict scrutiny test seeks to strike a balance enabling the state to act sooner but subject to significant restrictions. The ability to act sooner is limited, however, by the requirement that intelligence information must be reliable, viable, valid, and corroborated. The strict scrutiny standard proposes that for states to act as early as possible in order to prevent a possible terrorist attack the information must meet admissibility standards similar to the rules of evidence. The intelligence must be reliable, material, and probative. *240 The proposal is predicated on the understanding that while states need to engage in operational counterterrorism, mistakes regarding the correct interpretation and analysis of intelligence information can lead to tragic mistakes. Adopting admissibility standards akin to the criminal law minimizes operational error. Rather than relying on the executive branch making decisions in a “closed world” devoid of oversight and review, the intelligence information justifying the proposed action must be submitted to a court that would ascertain the information's admissibility. The discussion before the court would necessarily be conducted ex parte; however, the process of preparing and submitting available intelligence information to a court would significantly contribute to minimizing operational error that otherwise would occur.
Judicial review of targeted killings would destroy unit cohesion, cause risk aversion, undermine mission effectiveness, and disclose key intel sources---all of those destroy effective drone ops Larry Maher 10, Quartermaster General, Veterans of Foreign Wars, et al, 9/30/10, BRIEF OF THE VETERANS OF FOREIGN WARS OF THE UNITED STATES AS AMICUS CURIAE IN SUPPORT OF DEFENDANTS AND DISMISSAL, Nasser al-Aulaqi, Plaintiff, vs. Barack H. Obama, et al., Defendants, http://www.lawfareblog.com/wp-content/uploads/2010/10/VFW_Brief_PACER.pdf As a member organization comprised of individual veterans who have served this nation in war, and who continue to do so around the world, the VFW has a strong interest in protecting the operations of the U.S. armed forces from unwarranted or inappropriate judicial intrusion, as it believes is the case here. Such judicial interference with the Executive Branch and its constitutional war powers has dangerous implications for national security and our armed forces. Litigation over combat activities would undermine unit cohesion, the core of combat effectiveness at the small unit level. Judicial scrutiny of combat decision making—including strategic, operational and tactical decisions—would induce risk aversion and second-guessing among America’s military leaders, degrading their effectiveness. And, in the sensitive field of special operations, cases such as this may compromise the sources and methods used by America’s elite warriors, potentially threatening both their mission and their safety. Because of the importance of these issues, and the serious threat that this suit and similar litigation pose to national defense, the VFW is submitting this amicus curiae brief in order to share with the Court its perspective on the reasons why this action should be dismissed for lack of subject-matter jurisdiction. SUMMARY OF ARGUMENT The VFW agrees with the Government’s arguments regarding why this suit is barred, including by the political question doctrine. Rather than repeating those arguments, this amicus brief seeks to add perspective to the reasons why suits like the present action would threaten national security by interfering with ongoing military operations. Allowing this case to proceed would contravene the core military principle of “unity of command,” and undermine the military’s chain of command, creating uncertainty for subordinate leaders and soldiers. Such litigation also would adversely affect unit cohesion, the glue which binds small units together in the heat of battle, and enables them to survive and accomplish their missions. Further, litigation of cases such as this would undermine battlefield decisionmaking by subjecting tactical, operational and strategic decisions to second-guessing by courts far removed from the battlefield. And, to the extent this case will involve the activities of special operations forces, the VFW urges the Court to tread with particular caution, because of the need to protect the extremely sensitive sources and methods utilized by our nation’s elite forces.
Physicists conclude that it’s easy, material is available – terrorist weapons don’t require the same high standards that make regular weapons so complex Zimmerman and Pluta 06 – (2006, Peter, PhD, experimental nuclear and elementary particle physics, Emeritus Professor of Science and Security at King's College London, former Chief Scientist of the Senate Foreign Relations Committee, and Anna, researcher, Center for Science and Security at King's College London, PhD candidate, “Nuclear terrorism: A disheartening dissent,” Survival: Global Politics and Strategy Volume 48, Issue 2, 2006, taylor and francis) It seems certain that at some price nuclear explosive material is available to well funded terrorists, even if there have been no documented incidents in which nuclear explosive material has been sold in useful quantities. With access to fissile materials, in particular HEU or reasonably clean Pu-239, many authors have claimed that improvised nuclear devices29 are comparatively easy to build.30 The principal physicists who are exponents of the ‘easy-to-build’ idea are Theodore B. Taylor, a former fission-weapons designer at Los Alamos Scientific Laboratory, and Nobel Laureate Luis Alvarez. Alvarez notably suggested that a nuclear explosion could result if one appropriately sized and shaped piece of U-235 metal were dropped on a second properly sized and shaped piece;31 Taylor, in John McPhee's The Curve of Binding Energy, claimed that, given the material, building a bomb is ‘very easy. Double underlined. Very easy’.32 It is likely that both experts spoke somewhat loosely for effect, because at the time they wrote the official position was that no terrorist could build a nuclear device because constructing a nuclear weapon required an effort on the scale of the Manhattan Project together with a team of scientists of the calibre of those at Los Alamos from 1942 to 1945. Time has shown that states can go nuclear with smaller projects, and certainly with less brilliant scientists. In part this reduction in required effort and talent is because very large amounts of information about the construction of nuclear weapons as well as the fast-reactor physics needed to compute the behaviour of nuclear devices have become public. This publication sometimes occurred deliberately, as in the historic 1954 Atoms for Peaceconference or the 1970s-era International Nuclear Fuel Cycle Evaluationstudy. Sometimes the information oozed out, as in the McPhee book, and sometimes it was effectively re-invented.33 Many details can now be found in the physics literature.34 There are crucial differences between nuclear weapons built by a state for use in a military stockpile and devices constructed by groups for use in single dramatic acts of terror. A military device must be reliable(it must explode when detonated); it must be predictable(the yield attained must be substantially the same across a complete production run of weapons so that troops using the weapons can choose the one which will best do the job); and it must be safe(a military weapon must be safe to handle and not detonate in common accidents; above all it must not detonate with nuclear yield when the detonation has not been authorised). A bomb built by a terrorist need not be especially reliable, and it certainly need not be particularly predictable. That is, any yield falling somewhere between 100 tonnes (0.1kt) and 20,000 tonnes (ZOkt) of TNT will almost certainly be considered adequate by the terror group concerned. Surely the strike group would prefer a larger yield to a smaller one, all things being equal; but a 100-tonne explosion will be very nearly as effective as a tool of terror as a 20kt one. Most importantly, it will be perceived as nuclear, and it will contaminate a very large area with radioactive fallout (some, of course, being the unfissioned nuclear material itself). We assume that the terror cell will be concerned with its own safety while assembling the device and transporting it to target, but we do not believe that any terrorist group would or even could attempt to reach the safety levels demanded of an American weapon 35 In 1977 the US Congress's Office of Technology Assessment (OTA) studied nuclear proliferation and safeguards. In its report the OTA panel concluded that an appropriate technical team for building an improvised nuclear device was two people, one of whom was a skilled machinist and the other a physicist.36 If the fissile fuel for the device is uranium enriched to 50 or more, this is a plausible, if stressing, scenario that has been explored in some detail in fiction.37
Only requires 19 people and 1 year – physics is easy and the barriers are vastly exaggerated. Zimmerman and Lewis 06 – (10/10, Peter, PhD, experimental nuclear and elementary particle physics, Emeritus Professor of Science and Security at King's College London, former Chief Scientist of the Senate Foreign Relations Committee, and Jeffrey, Director, Nuclear Strategy and Nonproliferation Initiative, New America Foundation, former Executive Director, Project on Managing the Atom/Science, Technology, and Public Policy Program, Belfer Center, Harvard University, “The Bomb in the Backyard,” Foreign Policy, http://www.foreignpolicy.com/articles/2006/10/10/the_bomb_in_the_backyard?page=0,1)
The constraint we have placed on our would-be bomb-makers is a total of 19 persons -- the same number of hijackers who orchestrated the September 11 attacks -- working over the course of a year in the United States. We estimate that a three-person physics team, including a relatively senior physicist and two postdoctoral students, would be capable of rendering the design in three to six months. Their salaries during the course of a year would total approximately $200,000. In addition to the physics team, the project could comprise a few small engineering teams to address the following: casting the uranium for the device, constructing the proper gun, assembling the supercritical mass of uranium, overseeing the electronics, and finally, the actual detonation. In many respects, the most difficult task for nuclear terrorists would be casting the uranium metal, which melts at high temperatures, into appropriate shapes. The metallurgy team would include at least one person with experience in advanced casting techniques. A vacuum furnace is probably required to reduce oxygen contamination and prevent the uranium from igniting. The team would likely need to practice using either natural uranium or some surrogate before casting the final core. The group could find the vacuum furnace to fit their specifications by searching on the Internet, and could probably purchase it for less than $50,000. The actual pit -- or core of the weapon containing the highly enriched uranium -- could be fabricated quickly. When China built its first nuclear bomb in 1964, a single technician named Yuan Gongfu used a lathe to shape the highly enriched uranium in just one night. New or used lathes large enough to properly finish the roughly cast pit can be bought on the Internet, even on eBay, for $10,000. These instruments are probably as capable as the one Yuan used more than 40 years ago. Computer-controlled machine tools are not necessary. Our terrorist outfit could probably find all the standard machine shop equipment it would need in any university physics department. None of the tools requires special licenses to purchase. The machining group would also have the task of designing and building the required structure for the device and assembling the whole. This requires at least two or three people able to carry out such common laboratory tasks as welding, brazing, and hard soldering. One member of the group should bring the skills of a draftsman, and preferably good abilities to use computers to design complex shapes. To detonate a nuclear bomb, terrorists do not need to fashion the right type of gun. "Team Gun" would likely consist of three or four people, at least one of whom is familiar with the interior ballistics of guns in the appropriate size range. Their principal task would be to find a surplus artillery piece of the correct size and to build a projectile. Such recoilless rifles are widely available in the United States and Canada as military surplus, though they require a license to purchase. A hobbyist could easily refurbish a recoilless rifle for just a few thousand dollars. In all likelihood, the gun team would want to test-fire the gun with a dummy nuclear projectile to verify its actual speed. One or two shots should suffice. Barrel life, usually hundreds of shots without maintenance, would not pose a problem. It is unlikely to take more than six months for such a group to adapt and test a reliable gun. Meanwhile, the electronics team would likely include one or two technicians and probably be headed by an engineer with at least a baccalaureate degree in electrical engineering or experimental physics. Its principal job would be to design the circuitry that arms and fires the device at the desired point, and which prevents it from detonating accidentally. In addition, the group would need to assemble or purchase, install, and calibrate neutron detectors to be used in testing the device. The terror group will also require a large, remote area for their "mini-Los Alamos." Their biggest concern would be the noise caused by firing the gun during their tests. We would choose a 150-acre ranch in an isolated area -- relatively small compared to the 500,000 acre ranch that Japanese doomsday cult Aum Shinrikyo purchased in Australia. We estimate that such a ranch might be purchased for $150,000 in remote areas of the United States, such as Texas or Wyoming, and require another $50,000 in temporary improvements to build the foundry, machine shop, electronics lab, and other equipment. Once complete, the nuclear device itself is likely to be less than 9 feet long. Although it would not fit easily in a sedan, it could be transported in a van or small panel truck with, say, a couple drivers and a couple more people to keep an eye on the device. The plotters could target any number of major metropolitan areas and would be free to choose based entirely on their desire to travel unobtrusively and undetected, presumably across a large fraction of the United States. Nevertheless, the transportation phase of the operation would pose significant risks for the terrorists. For the first time, the device would be moved, most likely on public roads, with little security. The plotters would want to travel on busy roads so as to lose themselves in the traffic stream. In the event that the government became aware of the plot, it would seek to install targeted roadblocks. These checkpoints would force the terrorists to back roads, where they may be likely to attract the attention of local police. The trip would consume no more than 40 driving hours, and could easily be completed in four to five days traveling between dawn and dusk. The cost to deliver the device using a typical rental truck from our hypothetical Wyoming ranch to, say, New York City or Washington, D.C., would be less than $3,000. At this point, the project would have employed roughly 17 people full time for about one year. Purchasing the necessary items -- from land to supplies, and surplus gun barrels to vacuum casting equipment -- is a specialized business, particularly because the purchases could be traced by law enforcement. The plotters would want to avoid being personally involved in purchasing supplies, so there could be a need for one or two specialists who would be responsible for clandestine procurement. Even so, the entire active team would number no more than 19 people.
Theft is large scale and ongoing Bunn 13 – (2013, Matthew, PhD, Professor of Practice; Co-Principal Investigator, Project on Managing the Atom, Belfer Center for Science and International Affairs, Harvard, “Beyond Crises: The Unending Challenge of Controlling Nuclear Weapons and Materials,” in Nuclear Weapons Security Crises: What Does History Teach? Ed. Henry D. Sokolski. Strategic Studies Institute, U.S. Army War College, 253-278)
Theft of highly enriched uranium and plutonium, the essential ingredients of nuclear weapons, is not a hypothetical worry—it is an ongoing reality. The International Atomic Energy Agency (IAEA) has documented some 18 cases of theft or loss of plutonium or highly enriched uranium (HEU) from 1993-2007 that were confirmed by the states concerned. See Table 1.1 (These cases involving real weapons-usable nuclear material are only one small part of the broader phenomenon of illicit trafficking of nuclear and radioactive materials; the IAEA has reported hundreds of situations involving other materials.) Three of these cases (New Jersey, in 2005; Fukui, Japan, in 2005; and Hennigsdorf, Germany, in 2006) involve inadvertent loss, leaving 15 involving instances of intentional theft and smuggling. Of those, five involve less than a gram of material, and are included here only because of the possibility that these are samples of larger stocks available to the smugglers—as smugglers often claim is the case. Unfortunately, after 2008, the IAEA stopped issuing public updates of this list of HEU and plutonium incidents. This does not mean, however, that incidents stopped occurring. The Georgian government has confirmed that in March 2010, Georgian agents seized approximately 18 grams of HEU just below 90-percent enrichment from smugglers who crossed into Georgia from Armenia. The smugglers reportedly claimed that more was available.2 In June 2011, authorities in Moldova arrested six people who reportedly had 4.4 grams of weapons-grade HEU. The smugglers claimed to have access to nine kilograms of HEU, which they were willing to sell for $31 million. Moldovan officials report that “members of the ring, who have not yet been detained, have one kilogram of uranium.” This case appears to involve a real buyer–still at large–and the possibility that there are kilograms of weapongrade HEU in the smugglers’ hands, making it potentially the most serious case in years.3 In addition to these cases confirmed to the IAEA, there is strong evidence that a number of additional thefts have occurred—including confessions and convictions for some of the perpetrators—which the states concerned have not confirmed to the IAEA. In particular, there was a well-documented theft of 1.5 kilograms of 90-percent-enriched HEU in 1992 (described in detail below), and two thefts from Russian naval facilities in 1993 that are not included in the IAEA database. Thus, there appear to be approximately 20 well-documented cases of actual theft and smuggling of plutonium or HEU in the public record.4 At the classified level, the U.S. Government regards a significant number of additional cases as confirmed. To these cases of actual theft and smuggling of plutonium and HEU must be added a substantial number of attempts, attacks, and intrusions that have taken place over the years. These include, among others: the still-unexplained apparent loss of hundreds of kilograms of HEU at the Nuclear Materials and Equipment Corporation (NUMEC) in the mid-1960s (which the balance of the evidence suggests was a theft by senior facility officials on behalf of Israel);5 a 1982 incident in which an insider at the Koeberg nuclear power plant in South Africa planted and detonated explosives on the steel pressure vessel (before fuel had been loaded, intended only to raise alarm, not to spread radioactivity);6 incidents in 2001 in which terrorist teams carried out reconnaissance at Russian nuclear weapons storage sites, and apparently also on nuclear weapon transport trains;7 and a 2007 intrusion in South Africa in which two teams of armed men attacked the Pelindaba site, where hundreds of kilograms of HEU are stored (with one of the teams penetrating a 10,000 volt security fence, disabling intrusion detectors, going to the emergency control center and shooting a worker there after a struggle, and departing without ever being engaged by site security forces).8
Delivery into the US is impossible to stop – too many border crossings Bunn and Wier 06 (Matthew Bunn and Anthony Wier, on the staff of the Managing the Atom Project at Harvard University’s Kennedy School of Government, are the coauthors of Securing the Bomb: An Agenda for Action (2004). “The Seven Myths of Nuclear Terrorism,” Harvard Belfer Center, available for download here: http://belfercenter.ksg.harvard.edu/publication/658/seven_myths_of_nuclear_terrorism.html)
While some investment in improving border detection capabilities is certainly worthwhile, this last line of defense will always be a very porous one. The physics of nuclear materials and nuclear weapons, the geography of the huge and complex American borders, and the economics of the global flow of people and goods conspire to make the terrorists’ job easy and the defenders’ job very difficult. Once stolen, the nuclear material for a bomb could be any- where, and it is very difficult to detect, especially if shielding is used to limit radiation emissions. Typical nuclear weapons are not large, and could readily be smuggled across America’s or other nations’ borders. The nuclear material needed for a bomb could easily fit in a suitcase. Even an assembled bomb could fit in a van, a cargo container, or a yacht sailed into a US harbor. Or the materials could be smuggled in and the bomb built at the site of its intended use. Terrorists have routinely used truck bombs that were physically larger than even a crude terrorist nuclear bomb would need to be. America’s borders stretch for thousands of miles, and millions of trucks, trains, ships, and airplanes in which nuclear material might be hidden cross them every year. Hundreds of thousands of illegal immigrants and thousands of tons of illegal drugs cross US borders every year, despite billions of dollars of investment in trying to stop them. (Some have said that the easiest way to bring nuclear material into the United States would be to hide it in a bale of marijuana.) Every nation’s border is vulnerable to various types of illicit movement, be it drugs, terrorists, or the material needed to unleash nuclear terror. The radiation from plutonium, and especially from HEU, is weak and difficult to detect at any significant distance, particularly if the material is surrounded with shielding. Technology does exist, and is being further developed, to make it possible to detect HEU or plutonium in objects right in front of the detectors (as might be possible at controlled border crossings), including finding hidden nuclear material in everything from airline baggage to cargo containers. Programs are now under way to put these kinds of detection capabilities into place at an increasing number of sites. But these capabilities should not be exaggerated. While US Customs officers have been equipped with “radiation pagers,” these would have essentially no chance of detecting HEU with even minor shielding, even if it were in a bag directly in front of the inspector. More sophisticated equipment that can detect both HEU and plutonium is being purchased—but it will be years before such equipment is installed and in use at all the major ports and border crossings into the United States. Two points are crucial to understand. First, inspecting cargo as it arrives in the United States is not good enough: if a bomb were on a boat sailing into a major US harbor, it could wreak horrible devastation before the ship ever pulled up to the dock to be inspected. That is why many of the new initiatives after the 9-11 attacks involve putting detectors in place at foreign ports that ship to the United States. But it will take an immense and continuing effort to ensure that detection at these ports is effective, that there are no ready possibilities for bribing a customs official to let a container through uninspected and that already inspected containers cannot be tampered with. Second, and more fundamentally, the number of possible pathways to smuggle a nuclear bomb or its ingredients into the United States is immense, and intelligent adversaries will choose whichever pathway remains undefended. If an effective system were put in place to make it very difficult to get nuclear material into the country in a cargo container without detection—and the country is a long way from that point today—then terrorists would bring their bomb in on a yacht, a fishing boat, or by some other means.
*1NR* More ev they’ll hold off --- … hawks can’t admit it publicly Dreyfuss 9-13 (Bob,- foreign policy and defense writer for The Nation magazine “Did the Israel Lobby Agree to Hold Off on New Iran Sanctions?”) In other words, he understands it—… talk to top administration brass.
Congress is holding off --- but capital is key Bidwell 11-12 (Christopher,- senior fellow for nonproliferation law and policy at the Federation of American Scientists “Iran is negotiating with the wrong US officials”) So where does Congress stand … tougher sanction laws may ensue.
Obama push is working --- they’ll hold off now but it’s close Gray 11-11 (Rosie,- reporter for BuzzFeed Politics “White House Applies Presidential Pressure On Iran Skeptic”) WASHINGTON — The president and vice … brought us to this point.”
Senate is holding off now CSM 9-14 (Christian Science Monitor,- “Iran nuclear deal: If Congress plays bad cop, will that help diplomacy?”) A growing number of senators … Nations Security Council plus Germany.
capital Yes Political Capital
Milbank 10-18 (Dana,- politics writer for the Washington Post “Now, lead from the front”) The gloating was a bit unseemly, but the president is entitled to savor a victory lap. The more important thing is that Obama now maintain the forceful leadership that won him the budget and debt fights. In that sense, the rest of Obama’s speech had some worrisome indications that he was returning to his familiar position in the rear. The agreement ending the shutdown … knocked back on his behind.
links Obama will defend current drone policy Merolla et al 5/28/13 (Jennifer, Ph.D. Associate Professor, Department of Politics and Policy, Claremont Graduate University, co-authored by Kerstin Fisk, Jennifer Merolla, Jennifer Ramos, and Elizabeth Zechmeister, “Terrorism threat elevates public support for drones,” http://www.huffingtonpost.com/jennifer-merolla-phd/public-opinion-drones_b_3340280.html) This past week the Obama … of some of these strikes.
Obama would fight back – hawkish administration Scahill and Rowley 6/5/13 (Jeremy and Richard, Huff Post interview introduction, “Obama National Security Policy Wasn't Bait And Switch, Journalist Says (VIDEO),” http://www.huffingtonpost.com/2013/06/05/obama-national-security-policy_n_3390427.html) Liberals who criticize President Barack … really hawkish Democrats," Scahill said.
Obama and Congress must push Anderson 13 – (5/24, Kenneth, Professor of Law, Washington College of Law, American University Member, Task Force on National Security and Law, The Hoover Institution, Stanford University, “The Case for Drones,” Real Clear Politics)
There is little indication that … might well be miscalculating now.
Obama has already strongly backed drones - things he’s already done oversight Reilly et al 5/23/13 (Ryan J, Luke Johnson, Matt Sledge, Huff Post, “Obama Drones, Guantanamo Policy Laid Out In Major National Security Speech (VIDEO),” http://www.huffingtonpost.com/2013/05/23/obama-drones_n_3327094.html)
FORT MCNAIR, Washington, D.C. -- Faced with … oversight by regular federal courts."
No turns - Capital never renewed Ryan, 2009 – Former Director of the Sir Arthur Lewis Institute of Social and Economic Studies (Selwyn, “Obama and Political Capital,” 1/18/2009, www.trinidadexpress.com/index.pl/article_opinion?id=161426968, JMP)
Obama will, however, begin his … the plaintive words, "I Trust You."
American political analyst Norman Ornstein … of U.S. policy, foreign and domestic.
cp Congressional oversight of the program … ---the CP solves soft power Gregory McNeal 13, Associate Professor of Law, Pepperdine University, 3/5/13, “Targeted Killing and Accountability,” http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1819583 Congressional oversight of executive branch … we know what “good” oversight is? Amy Zegart argues that defining good oversight is difficult for three reasons.447 First, “‘good’ oversight is embedded in politics and intertwined with policy advocacy on behalf of constituents and groups and their interests.”448 Second, “many agencies are designed with contradictory missions that naturally pull them in different directions as the power of contending interest groups waxes and wanes.”449 Third, “good oversight is hard to recognize because many important oversight activities are simply invisible or impossible to gauge.”450 In a particularly salient example, Zegart notes: Telephone calls, e-mails and other … every aspect of the program.452
Executive transparency combined with Congressional … the overall program---solves legitimacy Jack Goldsmith 12, Harvard Law professor and a member of the Hoover Task Force on National Security and Law, 3/19/12, “Fire When Ready,” http://www.foreignpolicy.com/articles/2012/03/19/fire_when_ready There are at least two … , the president should insist on it.
perm The counterplan alone is key … drones and collapses the program Kenneth Anderson 10, Professor of International Law at American University, 3/8/10, “Predators Over Pakistan,” The Weekly Standard, http://www.weeklystandard.com/print/articles/predators-over-pakistan Obama deserves support and praise … they can later walk away. Consider, for instance, the diffidence of Harold Koh, the legal adviser of the Department of State. In an informal public discussion with his predecessor, John Bellinger, aired on C-SPAN on February 17, he was asked about drones and targeted killings and declined to say that the practice was lawful. (Granted, it was in an unscripted setting, which cannot be taken as anyone’s last word and on which it would be unfair to place too much weight.) All he said was that if he concluded that it was unlawful, he would, if he thought it appropriate, resign his position. He added that he remained at his post. The statement falls far short of the defense one might hope for from such a high-ranking administration lawyer. More than a year into the new administration, that ought surely to strike the general counsels of the CIA, the Pentagon, the Director of National Intelligence, the NSC, and other agencies directly conducting these activities as somewhat less than reassuring. In fact, the administration’s top … , as portrayed in the media.
Only a united front of Congress … flexibility to use drones effectively Kenneth Anderson 13, Professor of International Law at American University, June 2013, “The Case for Drones,” Commentary, Vol. 135, No. 6 THOUGH THE CRITICS ARE WRONG … stable footing is a long one. As "associated forces" of al-Qaeda evolve and fragment into groups only notionally connected to the al-Qaeda of 9/11, the 2001 Authorization for Use of Military Force (AUMF) looks increasingly threadbare. At some point, whether by the increasingly tenuous connection of new groups to the AUMF or by the appearance of some wholly new terrorist threat unrelated in any way to 9/11 or al-Qaeda or jihadis, the president will have to act either under his own constitutional authority or obtain a new congressional authorization. It is also the case … be revealed for public discussion. There is little indication that either the Congress or the president has any appetite for addressing many, if any, of the serious questions. Instead there is grandstanding by Republicans and Democrats alike, grandiloquent speeches on the Constitution, and precious little attention paid to how citizens who have taken up armed conflict and terrorism against the United States should actually be uncovered and dealt with. That's apart from the propensity of Congress to go AWOL on its oversight responsibilities and punt to a bunch of judges so it doesn't have to take any blame for killing an innocent American or allowing an American terrorist in Yemen to direct the killing of innocent Americans. Without a hardheaded effort on the … surely be a Republican or two.
backlash Drone court won’t solve US cred – Jeh Johnson 13, former Pentagon General Counsel, 3/18/13, “Keynote address at the Center on National Security at Fordham Law School: A “Drone Court”: Some Pros and Cons,” http://www.lawfareblog.com/2013/03/jeh-johnson-speech-on-a-drone-court-some-pros-and-cons/ The problem is that the … is still withholding from them. The revelation 11 days ago that the executive branch does not claim the authority to kill an American non-combatant – something that was not, is not, and should never be an issue – is big news, and trumpeted as a major victory for congressional oversight. A senator who filibusters the government’s secrecy is compared in iconic terms to Jimmy Stewart. At the same time, through continual unauthorized leaks of sensitive information, our government looks to the American public as undisciplined and hypocritical. One federal court has characterized the government’s position in FOIA litigation as “Alice in Wonderland,”6 while another, this past Friday, referred to it as “neither logical nor plausible.”7 An anonymous, unclassified white paper leaked to NBC News prompts more questions than it answers. Our government finds itself in a … unsubstantiated reports of civilian casualties. Our government’s good efforts for the safety of the people risks an erosion of support by the people. It is in this atmosphere … Robert Gates – has gained momentum. To be sure, a national security court composed of a bipartisan group of federal judges with life tenure, to approve targeted lethal force, would bring some added levels of credibility, independence and rigor to the process, and those are worthy goals. In the eyes of the American public, judges are for the most part respected for their independence. In the eyes of the international community, a practice that is becoming increasingly controversial would be placed on a more credible footing. A national security court would also help answer the question many are asking: what do we say to other nations who acquire this capability? A group of judges to approve targeted lethal force would set a standard and an example. Further, as so-called “targeted killings” become more controversial with time, I believe there are some decision-makers within the Executive Branch who actually wouldn’t mind the added comfort of judicial imprimatur on their decisions. But, we must be realistic … criticized in the same way?
No public backlash in Pakistan … love them as hate them Max Boot 13, the Jeane J. Kirkpatrick Senior Fellow in National Security Studies at the Council on Foreign Relations, 2/6/13, “Obama Drone Memo is a Careful, Responsible Document,” http://www.commentarymagazine.com/2013/02/06/obama-drone-memo-is-a-careful-responsible-document/ Drone strikes are by no … a drone strike late last year.”
Move to the dod solves Waxman 13 – (3/20, Matthew, law professor at Columbia Law School, co-chair, Roger Hertog Program on Law and National Security, Adjunct Senior Fellow for Law and Foreign Policy at the Council on Foreign Relations, member of the Hoover Institution Task Force on National Security and Law, “Going Clear,” Foreign Policy, http://www.foreignpolicy.com/articles/2013/03/20/going_clear?wp_login_redirect=0) So, moving operations to the … remaining policy on stronger footing.
Drones are sustainable—US government won’t react to backlash Benjamin Wittes, editor in chief of Lawfare and a Senior Fellow in Governance Studies at the Brookings Institution. He is the author of several books and a member of the Hoover Institution's Task Force on National Security and Law, 2/27/13, In Defense of the Administration on Targeted Killing of Americans, www.lawfareblog.com/2013/02/in-defense-of-the-administration-on-targeted-killing-of-americans/
This view has currency among … in formulating its legal views.
No global blowback Kenneth Anderson 13, Professor of International Law at American University, June 2013, “The Case for Drones,” Commentary, Vol. 135, No. 6 That leaves the broader claim … offer the blow-back scenario. There might be situations in which to give it priority; Gregory Johnsen, a Yemen expert, for example, says that a particular form of strike in Yemen causes blowback because it hits low-level fighters whose families cannot understand the American justification. (The response is, usually, that we are effectively fighting as the air arm of the Yemen government against its insurgents, including its low-level fighters.) That bears attention; whether it outweighs the strategic concern of supporting the Yemeni government, which does have to fight even low-level insurgents who in effect offer protection to the transnational terrorist wing, is another question. But we should consider it carefully. Blowback is a form of the … have lost the Civil War.
No data supports the blowback or radicalization thesis Michael Aaronson 13, Professorial Research Fellow and Executive Director of cii – the Centre for International Intervention – at the University of Surrey, and Adrian Johnson, Director of Publications at RUSI, the book reviews editor for the RUSI Journal, and chair of the RUSI Editorial Board, “Conclusion,” in Hitting the Target?: How New Capabilities are Shaping International Intervention, ed. Aaronson and Johnson, http://www.rusi.org/downloads/assets/Hitting_the_Target.pdf Unintended detrimental consequences of intervention – ‘… the strategic conduct of intervention.
AT Pak Nukes Defense
Pakistan nukes are not secure Gregory ’11 (Shaun, Director of the Pakistan Security Research Unit at the University of Bradford, UK, a professor who published widely on nuclear and security issues in Pakistan and advises many governments, their agencies, and international organizations, “Terrorist Tactics in Pakistan Threaten Nuclear Weapons Safety,” CTC Sentinel, Vol. 4.6, http://kms1.isn.ethz.ch/serviceengine/Files/ISN/131002/ichaptersection_singledocument/aa282522-4971-4513-a7ca-ec3afcd259be/en/Art+2.pdf, accessed 10-26-11, June 2011)
Two high-profile attacks by … be compromised continue to rise.
saudi
Lack of trust irrelevant – they’re totally dependant David Miller 11, public policy fellow at the Woodrow Wilson International Center for Scholars, 6-19- 2011, “U.S.-Saudi Arabia Relationship Changes with the Times,” NPR, Lexis. I don't think, frankly, they … , and to preserve their relationship.
We’re literally the only ones who can defend them Vincent Lauerman, Staff writer, 7-15-2011, “Perspective: Saudi Arabia’s Loveless Marriage,” Energy Compass, Lexis. However, the US remains the … making the leap into marriage.
Statutory restrictions are placed by … Congress has to do them Black’s Law Dictionary 2013 (Date is date accessed, Aug 13, http://thelawdictionary.org/statutory-restriction/#ixzz2bsSCuBEj) Limits or controls that have been place on activities by its ruling legislation.
Judicial restrictions means the courts Google Dictionary ‘13 Google Dictionary, 2013, “Judicial” of, by, or … appropriate to a court or judge.
The plan as written allows … ways that could be untopical
You should specifically protect debates … core controversy of authority debates Sinnar, assistant professor of law at Stanford Law School, May 2013 (Shirin, “Protecting Rights from Within? Inspectors General and National Security Oversight,” 65 Stan. L. Rev. 1027, Lexis) More than a decade after September 11, 2001, … congressional enfeeblement and judicial abdication. 2 Congress will hold off on sanctions now --- capital key, top of the docket Ackerman 11-8 (Spencer,- national security editor for Guardian US. A former senior writer for Wired, he won the 2012 National Magazine Award for Digital Reporting “White House ambitions on Iran deal face challenge from hawks in Congress”) As soon as the Obama … consequences of damaging a nuclear deal.”
interference in drone policy wrecks PC---Obama would fight Elinor June Rushforth 12, J.D. candidate, University of Arizona, James E. Rogers College of Law, Class of 2013, Fall 2012, “NOTE: THERE'S AN APP FOR THAT: IMPLICATIONS OF ARMED DRONE ATTACKS AND PERSONALITY STRIKES BY THE UNITED STATES AGAINST NON-CITIZENS, 2004-2012,” Arizona Journal of International and Comparative Law, 29 Ariz. J. Int'l and Comp. Law 623, p. lexis Because of staunch political and … targeted killing would be fought.
Key to regional stability --- multiple scenarios Saless 9-10 (Shahir Shahid,- political analyst and journalist, writing primarily about Iran's domestic and foreign affairs for the Asia Times and IranAmerica “A Chance at Last”) Iran’s economy is in crisis. … irrational and potentially dangerous path.
The Middle East is a powderkeg Trabanco 09 – Independent researcher of geopolitical and military affairs, Global Research José Miguel Alonso Trabanco (Degree in IR @ Monterrey Institute of Technology and Higher Studies, Mexico City and frequent contributor to Global Research), “The Middle Eastern Powder Keg Can Explode at Anytime,” Global Research, January 13, 2009, pg. http://www.globalresearch.ca/index.php?context=vaandaid=11762 China has become an important … Russia) might become somehow involved. Although Iran is targeted by American neocons for belonging to the so called 'Axis of Evil', Ahmadinejad's government has been pragmatic enough to engage the Americans in covert negotiations about Iraq becoming some sort of buffer state which does not become a client state of neither America nor Iran. Perhaps that is one of the reasons the US has delayed a strike on Iran even though Washington refuses to dismiss its military threat. Israel's operation Cast Lead, as … likelihood of war will increase. As the Prussian strategist Carl Von Clausewitz warned: "War is a gamble" and Operation Cast Lead might bring about some serious consequences indeed. Whether its outcomes are unintended or deliberate is yet to be seen. For instance, Israel's military incursion … Americans and/or the Israelis. Those Arab governments are afraid of Iran's using its proxies and allies to fuel unrest and to topple them, thus advancing Teheran's agenda of becoming a regional leader. If those governments are overthrown, their hypothetical successors will surely be much less willing to collaborate with the West, which knows that, if such thing ever happens, the Middle Eastern balance of power would dramatically change, not to mention that the price of oil would skyrocket. Israel fears a nuclear Iran would mean the end of the Israeli monopoly over nuclear weapons in the region. An Iran armed with nuclear weapons (even if it is ruled by hardline Mahmud Ahmadinejad) would not be foolish enough to attack Israel first because Teheran is well aware of Israel's menacing stockpile of nuclear weapons. So what the Israeli government … seduce Syria away from Iran. On the other hand, the West is not afraid of a nuclear Iran per se. One can infer that from their refusal to do anything meaningful to prevent the acquisition of nuclear weapons by States like India, Israel or Pakistan. Rather, the Americans and the Europeans cannot accept a 'Pax Iranica' in the Middle East because Teheran would, de facto, control a zone which contains the world's largest oil reserves, a resource the Western economies have to import because their domestic supplies are not enough to meet their consumption needs. In case of an Israeli … the middle of a powder keg.
3 Defining AUMF authority geographically creates … effectively to solve terror now. Corn ‘13 Geoffrey Corn, Professor of Law and Presidential Research Professor, South Texas College of Law, 3/15/13, Statement before the Senate Armed Services Committee, CQ Research Service 3. What is the geographic … strategic interests of the nation.
Aff indistinct from a drones court – their author Jennifer Daskal, Fellow and Adjunct Professor, Georgetown Center on National Security and the Law, Georgetown University Law Center, April 2013, ARTICLE: THE GEOGRAPHY OF THE BATTLEFIELD: A FRAMEWORK FOR DETENTION AND TARGETING OUTSIDE THE "HOT" CONFLICT ZONE, 161 U. Pa. L. Rev. 1165 Currently, officials in the executive … not meet the targeting criteria.
Which means we can’t kill AQAP Watts and Ciluffo 12 (Clinton Watts is a Senior Analyst with the Navanti Group and a Senior Fellow at The George Washington University Homeland Security Policy Institute (HSPI). He is also a former U.S. Army Officer and former Special Agent with the FBI. Frank J. Cilluffo is Director of HSPI,"DRONES IN YEMEN: IS THE U.S. ON TARGET?" HSPI Issue Brief 16 June 21, 2012 www.gwumc.edu/hspi/policy/drones.pdf) In the past year, drone … is simply not an option.
Yemeni based AQAP will strike Saudi oil facilities Murphy ’10 (AQAP’s Growing Security Threat to Saudi Arabia Jun 03, 2010 Caryle Murphy Caryle Murphy is an independent journalist based in Riyadh, Saudi Arabia. A former reporter for the Washington Post, she was awarded the 1990 Pulitzer Prize for International Reporting. She is the author of Passion For Islam. AQAP is now a major security … …This is their danger.”
Saudi oil shock causes extinction Henderson ‘7 (Climate Change, Peak Oil And Nuclear War By Bill Henderson 24 February, 2007 Countercurrents.org A steep spike in the … of pre-emptive nuclear attack.
4
Retaining the legal option of … that paradigm collapses operational effectiveness Geoffrey Corn 10, Professor of Law and Presidential Research Professor, South Texas College of Law, 2010, “Mixing Apples and Hand Grenades: The Logical Limit of Applying Human Rights Norms to Armed Con?ict,” International Humanitarian Legal Studies 1 (2010) 52–94 Furthermore, while it might be … the focus or proportionality analysis.
Specifically, special forces conduct first-… outside of armed conflict zones Sascha-Dominik Bachmann 13, Reader in International Law (University of Lincoln), 2013, “Targeted Killings: Contemporary Challenges, Risks and Opportunities,” Journal of Conflict and Security Law, doi: 10.1093/jcsl/krt007 Targeted killing has also been … are outside effective state control.33
Special forces readiness is key … counter-prolif---solves nuclear war Jim Thomas 13, Vice President and Director of Studies at the Center for Strategic and Budgetary Assessments, and Chris Dougherty is a Research Fellow at the Center for Strategic and Budgetary Assessments, 2013, “BEYOND THE RAMPARTS THE FUTURE OF U.S. SPECIAL OPERATIONS FORCES,” http://www.csbaonline.org/wp-content/uploads/2013/05/SOF-Report-CSBA-Final.pdf WMD do not represent new … campaigns should the need arise.
The plan’s precedent causes further constraint --- undermines overall war powers Paul 8 Christopher, Senior Social Scientist; Professor, Pardee RAND Graduate School Pittsburgh Office Education Ph.D., M.A., and B.A. in sociology, University of California, Los Angeles, “US Presidential War Powers: Legacy Chains in Military Intervention Decisionmaking* ,” Journal of Peace Research, Vol. 45, No. 5 (Sep., 2008), pp. 665-679 Legacy Chains Finegold and Skocpol (1995: 222) describe policy legacies: … presented later in the article).1
Extinction Weinberger 9 Seth Weinberger, Assistant Professor in the Department of Politics and Government at the University of Puget Sound, M.A. and Ph.D. in Political Science from Duke University, "Balancing War Powers in an Age of Terror", The Good Society, 18(2), http://muse.jhu.edu/journals/good_society/v018/18.2.weinberger.html In wartime, however, it may … to advance the war effort.
5 The United States federal government should clarify that the first use of drones is only acceptable either in self-defense or in response to an attack by a non-state actor located within a state when that state has consented to the United States’ carrying out targeted killing operations within the state’s borders or that state is unwilling or unable to neutralize such actors.
The United States federal government should shift the offensive use of uninhabited aerial vehicles to title 10 military authority.
Congress affirming legality and declaring the right to use drones in self-defense solves the case and avoids a partisan backlash- there is universal support for drone usage in national security contexts. Anderson ‘10 Kenneth Anderson, Professor of Law, Washington College of Law, American University, and Research Fellow, The Hoover Institution, Stanford University and Member of its Task Force on National Security and the Law, 3/18/10, Rise of the Drones: Unmanned Systems and the Future of War, digitalcommons.wcl.american.edu/cgi/viewcontent.cgi?article=1002andcontext=pub_disc_cong • Fourth, Congress has vital … , and very legitimate sovereign state.
Moving to the DOD ensures drone legitimacy – allows oversight and guarantees political backing. Waxman 13 – (3/20, Matthew, law professor at Columbia Law School, co-chair, Roger Hertog Program on Law and National Security, Adjunct Senior Fellow for Law and Foreign Policy at the Council on Foreign Relations, member of the Hoover Institution Task Force on National Security and Law, “Going Clear,” Foreign Policy, http://www.foreignpolicy.com/articles/2013/03/20/going_clear?wp_login_redirect=0) So, moving operations to the … remaining policy on stronger footing.
6 The United States Federal Government should allow the President to retain war powers authority for targeted killing as a first resort outside zones of active hostilities only for the targeted killing of Ibrahim al-Asiri.
Al-Asiri is key to Airline terrorism Meyer 8-6 (Josh, "This Man Would LIke to Turn Anyone's Clothes Into a Bomb," The Atlantic, www.theatlantic.com/international/archive/2013/08/this-man-would-like-to-turn-anyones-clothes-into-a-bomb/278415/) Asiri also seems to know … explosives, and metal-free bombs.
Terrorist attacks on the airline industry, even if unsuccessful, collapse the airline industry Balvanyos and Lave 5 (Tunde and Lester, "The Economic Implications of Terrorist Attack on Commercial Aviation in the USA," based upon work supported by the United States Department ofHomeland Security through the Center for Risk and Economic Analysis of TerrorismEvents (CREATE) under grant number EMW-2004-GR-0112, create.usc.edu/assets/pdf/51831.pdf) Although the terrorist attack discussed … only they waited a little longer.
Airline collapse causes nuclear war Marmorstein 3 (Donna, Copy Editor – Aberdeen American News (South Dakota), 10-5-2003, http://209.157.64.201/focus/f-news/995745/posts) If the airlines lose millions … off a full-scale nuclear war.
Restriction means prohibition- they forfeit the right to define the plan after the 2ac otherwise it causes sandbagging Conner ‘78 William Conner 78, former federal judge for the United States District Court for the Southern District of New York United States District Court, S. D. New York, CORPORACION VENEZOLANA de FOMENTO v. VINTERO SALES, http://www.leagle.com/decision/19781560452FSupp1108_11379 Plaintiff next contends that Merban … were not authorized to act
Failure to specify eliminates all debates over targeted killing Gregory McNeal 13, Associate Professor of Law, Pepperdine University, 3/5/13, “Targeted Killing and Accountability,” http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1819583 Discussing and analyzing the notion … social science and governance literature.
norms No norm creation or national security threat from drone prolif – won’t be used by terrorists or in state based conflict Lewis and Crawford 13 – (Michael, Professor of Law at Ohio Northern University Pettit College of Law, and Emily, PhD, post-doctoral fellow and associate at the Sydney Centre for International Law, “Drones and Distinction: How IHL Encouraged the Rise of Drones,” Georgetown Journal of International Law, Vol. 44) Before discussing the legal merits … target individuals across the globe.” 168
China won’t use drones offensively Erickson 13, associate professor – Naval War College, associate in research – Fairbank Centre @ Harvard, 5/23/13 (Andrew, China Has Drones. Now What?", www.foreignaffairs.com/articles/136600/andrew-erickson-and-austin-strange/china-has-drones-now-what) Beijing, however, is unlikely to … with its own drone programme.
But despite the rhetoric and … differences through negotiation, not war.
No Azerbaijan-Armenia war --- International actors check conflict and recent hostilities are just domestic posturing. Sumerinli and Harutyunyan 09/23 (Jasur Mammadov, Vahe, Gunfire as Extension of Politics on Azerbaijan-Armenia Border, Transition Online: Regional Intelligence, http://www.tol.org/client/article/23953-armenia-azerbaijan-nagorno-karabakh.html While cross-border gunfire involving … international community’s demands for democracy.”
No escalation to Nagorno-Karabakh– allies won’t be drawn in and Russia will be diplomatic Glashatov 7 (Oleg, “Zero Hour Approaches for Yerevan; Azerbaijan Prepares to Fight for Nagorno-Karabakh: Will There Be War?”, What the Papers Say Part A (Russia), 7-5, Lexis)
Speaking at Johns Hopkins University, … by diplomatic or other means.
No escalation—shared interests Collins and Wohlforth 4 (Kathleen, Prof PoliSci–Notre Dame and William, Prof Government–Dartmouth, “Defying ‘Great Game’ Expectations”, Strategic Asia 2003-4: Fragility and Crisis, p. 312-3) Conclusion The popular great game … domestic stability in Central Asia.
No impact to prolif – no one will change their behavior and doesn’t change nature of conflict Trombly 12 (analyst on international affairs and strategy; Associate at Caerus Analytics; fmr Writer at Foundation for Defense of Democracies) (Dan, The Drone War Does Not Take Place, NOVEMBER 16, 2012, http://slouchingcolumbia.wordpress.com/2012/11/16/the-drone-war-does-not-take-place/) The Predators and Reapers could … gave them such an ability.
allies
US-EU coop on terror intel is high and inevitable – it’s in their self interest Archick 9-4 (Kristin Archick, European affairs specialist @ CRS, 9-4-2013, “U.S.-EU Cooperation Against Terrorism,” Congressional Research Service, http://www.fas.org/sgp/crs/row/RS22030.pdf) As part of its drive … and to strengthen transport security.
NSA outweighs- EU thinks we’re targeting them RT 13 “Bugged by US spying, EU may sever ties with American internet providers,” http://rt.com/news/us-eu-prism-snowden-trade-694/ EU businesses are threatening to … in full-scale industrial espionage.
Allies increasingly agree that TKs are appropriate as a first resort even outside of hot conflict zones Geoffrey S. Corn 12, Professor of Law and Presidential Research Professor, South Texas College of Law, 2012, “Blurring the Line Between the Jus ad Bellum and the Jus in Bello,” in Non-International Armed Conflict in the Twenty-First Century, p. 75-76 The statement by Legal Advisor … technological innovations of terrorist organizations.1'9
Even if the plan makes NATO more cohesive, financial pressure means it can’t operate effectively Atlantic Council, 8/7/13 – The Atlantic Council of Canada, independent, non-profit, non-governmental organization, founded in 1966 to promote knowledge and understanding of international peace and security and the North Atlantic Treaty Organization (“NATO Dollars and Sense,” http://atlantic-council.ca/portfolio/nato-dollars-and-sense/Red)
This national conversation has emerged … it intends to accommodate them.
Multiple alt causes McGill, School of Graduate and Continuing Studies in Diplomacy – Norwich U, and Gray, Campbell University, ‘12 (Anna-Katherine and David, “Challenges to International Counterterrorism Intelligence Sharing,” Global Security Studies, Summer, Volume 3, Issue 3)
Indeed, in the aftermath of 9/11 … shoulder-to-shoulder with the U.S.” (Heller 1).
General Brent Scowcroft, dean of the American foreign policy establishment, has proposed a deceptively simple test to determine whether NATO is still relevant. His test is a question: “What is NATO for?” There is as yet no acceptable answer to this question. Set up in 1949 to defend … to protect half the planet.
Transatlantic ties are resilient Kupchan 12 (Charles A. Kupchan, professor of International Affairs at Georgetown University and Whitney Shepardson Senior Fellow at the Council on Foreign Relations, Policy Review No. 172, “A Still-Strong Alliance,” 3/30/12) http://www.hoover.org/publications/policy-review/article/111956
The atlantic alliance has demonstrated … coming redistribution of global power.
*2NC*
No Azerbaijan-Armenia war --- International actors check conflict and recent hostilities are just domestic posturing. Sumerinli and Harutyunyan 09/23 (Jasur Mammadov, Vahe, Gunfire as Extension of Politics on Azerbaijan-Armenia Border, Transition Online: Regional Intelligence, http://www.tol.org/client/article/23953-armenia-azerbaijan-nagorno-karabakh.html While cross-border gunfire involving … international community’s demands for democracy.”
NO impact to NATO collapse – limited influence or deterrence Haass 11 president of the Council on Foreign Relations and former director of policy and planning at the State Department (Richard B, “Why Europe no longer matters”, http://www.washingtonpost.com/opinions/why-europe-no-longer-matters/2011/06/15/AG7eCCZH_story.html) When Defense Secretary Robert Gates … fading in many European nations.
MAYBE Transatlantic ties are resilient Kupchan 12 (Charles A. Kupchan, professor of International Affairs at Georgetown University and Whitney Shepardson Senior Fellow at the Council on Foreign Relations, Policy Review No. 172, “A Still-Strong Alliance,” 3/30/12) http://www.hoover.org/publications/policy-review/article/111956
The atlantic alliance has demonstrated … coming redistribution of global power.
Aggressive CT to disrupt senior AQ leadership is the key internal link to nuclear terror attacks – need to stop the planning process. Montgomery 09 – (2009, Evan Braden, Research Fellow, has published on a range of issues, including alliance politics, nuclear terrorism, military doctrine, and political revolutions, Center for Strategic and Budgetary Assessments, MA in Foreign Affairs, PhD Candidate at UVA, “Nuclear Terrorism: Assessing the Threat, Developing a Response,” http://www.dtic.mil/cgi-bin/GetTRDoc?AD=ADA506768) The second major implication addresses … the future has correspondingly increased.
Star this card – the status … procedural hurdles that don’t exist Jennifer Daskal, Fellow and Adjunct Professor, Georgetown Center on National Security and the Law, Georgetown University Law Center, April 2013, ARTICLE: THE GEOGRAPHY OF THE BATTLEFIELD: A FRAMEWORK FOR DETENTION AND TARGETING OUTSIDE THE "HOT" CONFLICT ZONE, 161 U. Pa. L. Rev. 1165 Recent statements by administration officials … outside zones of active hostilities.
You have to interpret the … fidelity to their solvency advocates Jennifer Daskal, Fellow and Adjunct Professor, Georgetown Center on National Security and the Law, Georgetown University Law Center, April 2013, ARTICLE: THE GEOGRAPHY OF THE BATTLEFIELD: A FRAMEWORK FOR DETENTION AND TARGETING OUTSIDE THE "HOT" CONFLICT ZONE, 161 U. Pa. L. Rev. 1165 Capitalizing on the strategic benefits … killings outside the conflict zone. Their Card Starts Legal scholars, policymakers, and state actors are embroiled in a heated debate about whether the conflict with al Qaeda is concentrated within specific geographic boundaries or extends to wherever al Qaeda members and associated forces may go. The United States' expansive view of the conflict, coupled with its broad definition of the enemy, has led to a legitimate concern about the creep of war. Conversely, the European and human rights view, which confines the conflict to a limited geographic region, ignores the potentially global nature of the threat and unduly constrains the state's ability to respond. Neither the law of international armed conflict (governing conflicts between states) nor the law of noninternational armed conflict (traditionally understood to govern intrastate conflicts) provides the answers that are so desperately needed. The zone approach proposed by this Article fills the international law gap, effectively mediating the multifaceted liberty and security interests at stake. It recognizes the broad sweep of the conflict, but distinguishes between zones of active hostilities and other areas in determining which rules apply. Specifically, it offers a set of standards that would both limit and legitimize the use of out-of-battlefield targeted killings and law of war-based detentions, subjecting their use to an individualized threat assessment, a least-harmful-means test, and significant procedural safeguards. This *1234 approach confines the use of out-of-battlefield targeted killings and detention without charge to extraordinary situations in which the security of the state so demands. It thus limits the use of force as a first resort, protects against the unnecessary erosion of peacetime norms and institutions, and safeguards individual liberty. At the same time, the zone approach ensures that the state can effectively respond to grave threats to its security, wherever those threats are based. The United States has already adopted a number of policies that distinguish between zones of active hostilities and elsewhere, implicitly recognizing the importance of this distinction. By adopting the proposed framework as a matter of law, the United States can begin to set the standards and build an international consensus as to the rules that ought to apply, not only to this conflict, but to future conflicts. The likely reputational, security, and foreign policy gains make acceptance of this framework a worthy endeavor.
Restricting location for drone strikes unnecessarily hampers counter-terror operations. Targeting outside of active hostilities isn’t a violation of the AUMF Corn ‘13 Geoffrey Corn, Professor of Law and Presidential Research Professor, South Texas College of Law, 3/15/13, Statement before the Senate Armed Services Committee, CQ Research Service 8. Remotely piloted vehicles and … determination, and not by location.
Geographic limits on where targeted … ---collapses the usefulness of TKs Laurie R. Blank 10, Director, International Humanitarian Law Clinic, Emory Law School, 9/16/10, “DEFINING THE BATTLEFIELD IN CONTEMPORARY CONFLICT AND COUNTERTERRORISM: UNDERSTANDING THE PARAMETERS OF THE ZONE OF COMBAT,” Georgia Journal of International and Comparative Law, Vol. 39, No. 1, 2010, http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1677965 The ramifications of including areas … regroup and continue their attacks.
Restricting targeted killing as a first … opportunities for surrender before targeting Laurie R. Blank 12, Director, International Humanitarian Law Clinic, Emory Law School, 2012, “NATIONAL SECURITY: PART II: ARTICLE: TARGETED STRIKES: THE CONSEQUENCES OF BLURRING THE ARMED CONFLICT AND SELF-DEFENSE JUSTIFICATIONS,” William Mitchell Law Review, 38 Wm. Mitchell L. Rev. 1655 In the immediate aftermath of … -CIA director Leon Panetta's explanation, The authority here was to kill bin Laden. And obviously, under the rules of engagement, if he had in fact thrown up his hands, surrendered and didn't appear to be representing any kind of threat, then they were to capture him. But they had full authority to kill him. n100 In contrast, human rights law's … before resorting to lethal force.
Targeted killings using drones are … banning drones everywhere outside Afghanistan Michael W. Lewis 12, Associate Professor of Law at Ohio Northern University Pettit College of Law, Spring 2012, “ARTICLE: SYMPOSIUM: THE 2009 AIR AND MISSILE WARFARE MANUAL: A CRITICAL ANALYSIS: Drones and the Boundaries of the Battlefield,” Texas International Law Journal, p. lexis The legal determination of what … considered illegal everywhere outside Afghanistan.
Even if we don’t win a … signal undermines deterrence and resolve Gabriella Blum 10, Assistant Professor of Law, Harvard Law School, and Philip Heymann, the James Barr Professor of Law, Harvard Law School, June 27, 2010, “Law and Policy of Targeted Killing,” Harvard National Security Journal, http://harvardnsj.org/wp-content/uploads/2010/06/Vol-1_Blum-Heymann_Final.pdf At the most basic level, … attracted the least public criticism.
Even if the only departure … - that eviscerates targeted killing effectiveness Jack Goldsmith, Harvard Law School Professor, focus on national security law, presidential power, cybersecurity, and conflict of laws, Former Assistant Attorney General, Office of Legal Counsel, and Special Counsel to the Department of Defense, Hoover Institution Task Force on National Security and Law, March 2012, Power and Constraint, P. 199-201
This strategy is having an … the interest of U.S. national security.
The third and fourth Baker … of that branch’s proper role.”).
Any risk of a link is a … scaling up of safe havens Qazi 13 Muatasim Qazi is the Assistant Editor of The Baloch Hal, Balochistan’s first online English newspaper, Seattle Globalist, June 3, 2013, "The 6 big myths that turned us against drone strikes", http://www.seattleglobalist.com/2013/06/03/six-myths-about-drone-strikes-in-pakistan/13558 However, there are also many … picture inside Pakistan is ignored.
The aff is not the … procedural hurdles to jump through Jennifer Daskal, Fellow and Adjunct Professor, Georgetown Center on National Security and the Law, Georgetown University Law Center, April 2013, ARTICLE: THE GEOGRAPHY OF THE BATTLEFIELD: A FRAMEWORK FOR DETENTION AND TARGETING OUTSIDE THE "HOT" CONFLICT ZONE, 161 U. Pa. L. Rev. 1165 This Article proposes a way forward, … and the rule of law.
Yea, but you’d still require them to go under judicial review Jennifer Daskal, Fellow and Adjunct Professor, Georgetown Center on National Security and the Law, Georgetown University Law Center, April 2013, ARTICLE: THE GEOGRAPHY OF THE BATTLEFIELD: A FRAMEWORK FOR DETENTION AND TARGETING OUTSIDE THE "HOT" CONFLICT ZONE, 161 U. Pa. L. Rev. 1165 ii. Targeting and Detention in the Current Conflict The fact that most of … incorporated into future decision-making.
Their solvency advocate that Yemen is outside the zone of active hostilities Jennifer Daskal, Fellow and Adjunct Professor, Georgetown Center on National Security and the Law, Georgetown University Law Center, April 2013, ARTICLE: THE GEOGRAPHY OF THE BATTLEFIELD: A FRAMEWORK FOR DETENTION AND TARGETING OUTSIDE THE "HOT" CONFLICT ZONE, 161 U. Pa. L. Rev. 1165 The question of whether or … as outside the hot battlefield.164
Which means the aff would … independent review of the strikes Jennifer Daskal, Fellow and Adjunct Professor, Georgetown Center on National Security and the Law, Georgetown University Law Center, April 2013, ARTICLE: THE GEOGRAPHY OF THE BATTLEFIELD: A FRAMEWORK FOR DETENTION AND TARGETING OUTSIDE THE "HOT" CONFLICT ZONE, 161 U. Pa. L. Rev. 1165 ii. Targeting and Detention in the Current Conflict The fact that most of … incorporated into future decision-making.
Making drones in Yemen ineffective Vladeck 13 (Stephen, Professor of Law and Associate Dean for Scholarship, American University Washington College of Law, “DRONES AND THE WAR ON TERROR: WHEN CAN THE U.S. TARGET ALLEGED AMERICAN TERRORISTS OVERSEAS?” Hearing Before the House Committee on the Judiciary Wednesday, February 27, 2013) First, and most significantly, even … . Judges, after all, are humans.
Which means we can’t kill AQAP Watts and Ciluffo 12 (Clinton Watts is a Senior Analyst with the Navanti Group and a Senior Fellow at The George Washington University Homeland Security Policy Institute (HSPI). He is also a former U.S. Army Officer and former Special Agent with the FBI. Frank J. Cilluffo is Director of HSPI,"DRONES IN YEMEN: IS THE U.S. ON TARGET?" HSPI Issue Brief 16 June 21, 2012 www.gwumc.edu/hspi/policy/drones.pdf) In the past year, drone … is simply not an option.
Detailed data driven analysis indicates that drones are associated with fewer and less violent terrorist attacks. Johnston and Sarbahi 13 – (July 2013, Patrick, PhD, Political Scientist at the RAND Corporation, former Research Fellow in the International Security Program at the Belfer Center for Science and International Affairs, Harvard, and Anoop, PhD, Postdoctoral Scholar, Empirical Studies of Conflict Center, UCLA, “The Impact of U.S. Drone Strikes on Terrorism in Pakistan and Afghanistan,” google scholar) Drone strikes are not the … be dismissed out of hand.
Disruption works – long term statistical analysis. Johnston and Sarbahi 13 – (July 2013, Patrick, PhD, Political Scientist at the RAND Corporation, former Research Fellow in the International Security Program at the Belfer Center for Science and International Affairs, Harvard, and Anoop, PhD, Postdoctoral Scholar, Empirical Studies of Conflict Center, UCLA, “The Impact of U.S. Drone Strikes on Terrorism in Pakistan and Afghanistan,” google scholar) To test Hypotheses 1 and 2, we … strikes trigger increased violence (Hypothesis 1).
Their “studies” get 0 weight- massive omitted variable bias without breaking down strikes by agency-weeks *Agency-weeks means that our analysis looks within agencies (in the FATA those are the administrative regions) over a period of weeks *If they don’t, it … of drones strikes on terrorism Johnston and Sarbahi 13 – (July 2013, Patrick, PhD, Political Scientist at the RAND Corporation, former Research Fellow in the International Security Program at the Belfer Center for Science and International Affairs, Harvard, and Anoop, PhD, Postdoctoral Scholar, Empirical Studies of Conflict Center, UCLA, “The Impact of U.S. Drone Strikes on Terrorism in Pakistan and Afghanistan,” google scholar) In this section, we describe … distance from the targeted area.
*1NR* t
Judicial restrictions mean the courts have to limit executive freedom of action, statutory restrictions mean Congress has to pass legislation- the plan just says USFG, which includes the executive as a potential enactor of the plan as well as administrative agencies- neither of those is topical Black’s Law Dictionary 90 6th Edition, p. 695. In the United States, government … , and city and township governments.
Only strictly look at the … predictability and prevent arbitrary decisionmaking Eskridge 13 (William, Professor of Law at the Yale Law School, "The New Textualism and Normative Canons," Columbia Law Review, www.columbialawreview.org/wp-content/uploads/2013/03/Eskridge.pdf) So what has the debate … for the rule of law.”12
cp Congressional oversight of the program … ---the CP solves soft power Gregory McNeal 13, Associate Professor of Law, Pepperdine University, 3/5/13, “Targeted Killing and Accountability,” http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1819583 Congressional oversight of executive branch … we know what “good” oversight is? Amy Zegart argues that defining good oversight is difficult for three reasons.447 First, “‘good’ oversight is embedded in politics and intertwined with policy advocacy on behalf of constituents and groups and their interests.”448 Second, “many agencies are designed with contradictory missions that naturally pull them in different directions as the power of contending interest groups waxes and wanes.”449 Third, “good oversight is hard to recognize because many important oversight activities are simply invisible or impossible to gauge.”450 In a particularly salient example, Zegart notes: Telephone calls, e-mails and other … every aspect of the program.452
Executive transparency combined with Congressional … the overall program---solves legitimacy Jack Goldsmith 12, Harvard Law professor and a member of the Hoover Task Force on National Security and Law, 3/19/12, “Fire When Ready,” http://www.foreignpolicy.com/articles/2012/03/19/fire_when_ready There are at least two … , the president should insist on it.
other plank Moving to the DOD ensures drone legitimacy – allows oversight and guarantees political backing. Waxman 13 – (3/20, Matthew, law professor at Columbia Law School, co-chair, Roger Hertog Program on Law and National Security, Adjunct Senior Fellow for Law and Foreign Policy at the Council on Foreign Relations, member of the Hoover Institution Task Force on National Security and Law, “Going Clear,” Foreign Policy, http://www.foreignpolicy.com/articles/2013/03/20/going_clear?wp_login_redirect=0) So, moving operations to the … remaining policy on stronger footing.
perm Only a united front of Congress … flexibility to use drones effectively Kenneth Anderson 13, Professor of International Law at American University, June 2013, “The Case for Drones,” Commentary, Vol. 135, No. 6 THOUGH THE CRITICS ARE WRONG … stable footing is a long one. As "associated forces" of al-Qaeda Finally, future administrations, long beyond … legal powers or lose them.
Asking people to sign off undermines the C-I-C power during an armed conflict and hamstrings warfigting capabilities- it is also unconstitutional to remove tactical options in theater. Corn ‘13 Geoffrey Corn, Professor of Law and Presidential Research Professor, South Texas College of Law, 3/15/13, Statement before the Senate Armed Services Committee, CQ Research Service 11.Who should sign off on such targeting decisions? What degree of confidence should be required? Should judicial or some other independent review be required for these decisions? I believe that once the U.S. … of target selection and engagement.
Expansive interpretation of imminence is … ---causes bio and nuclear terrorism John Yoo 12, Professor of Law, University of California at Berkeley, School of Law; Visiting Scholar, American Enterprise Institute, 2011/12, “Assassination or Targeted Killings After 9/11,” New York Law School Law Review, http://www.nylslawreview.com/wordpress/wp-content/uploads/2011/08/Yoo-56-1.pdf Imminence is not a purely temporal … to the current terrorist threat. In addition to imminence, the United States needs to account for the degree of expected harm, a function of the probability of attack times, the estimated casualties, and damage. There is ample justification for factoring this in, just as it ought to be a factor in ordinary acts of self-defense, as when one is attacked with a gun, as opposed to a set of fists. At the time of the Caroline decision in the early nineteenth century, the main weapons of war were single-shot weapons and artillery, cavalry, and infantry. There was an inherent technological limit on the destructiveness of armed conflict. The speed and severity possible … use force against the enemy.
impact
And, independently causes extinction Li, 9 - J.D. candidate, Georgetown University Law Center, 2009; B.A., political science and history, Yale University, 2006 (Zheyao, “War Powers for the Fourth Generation: Constitutional Interpretation in the Age of Asymmetric Warfare” 7 Geo. J.L. and Pub. Pol'y 373, Winter, lexis)
Even as the quantity of … conflicts against fourth-generational opponents.
Special ops key to solve bioterror Jim Thomas 13, Vice President and Director of Studies at the Center for Strategic and Budgetary Assessments, and Chris Dougherty is a Research Fellow at the Center for Strategic and Budgetary Assessments, 2013, “BEYOND THE RAMPARTS THE FUTURE OF U.S. SPECIAL OPERATIONS FORCES,” http://www.csbaonline.org/wp-content/uploads/2013/05/SOF-Report-CSBA-Final.pdf Although nuclear weapons tend to … greater access to target facilities.
Extinction Mhyrvold ’13 Nathan, Began college at age 14, BS and Masters from UCLA, Masters and PhD, Princeton “Strategic Terrorism: A Call to Action,” Working Draft, The Lawfare Research Paper Series Research paper NO . 2 – 2013 As horrible as this would be, … background in biology, terrorists included.
