Tournament: MAC | Round: 4 | Opponent: Texas HM | Judge: 

T

FIRST OFF IS TOPICALITY—

Our interpretation is that debate is a game which should revolve around the topic.  Our interpretation is that the affirmative should defend some type of statutory or judicial restrictions on the war powers authority of the President of the U.S. in one or more of the following areas: targeted killing, indefinite detention, offensive cyber operations, or introduction of armed forces into hostilities.

"USFG should" means they should defend topical action

Jon M. ERICSON, Dean Emeritus of the College of Liberal Arts – California Polytechnic U., et al., 3 ~The Debater’s Guide, Third Edition, p. 4~

The Proposition of Policy: Urging Future Action
In policy propositions, each topic contains certain key elements, although they have slightly
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compelling reasons for an audience to perform the future action that you propose. 

They don’t meet statutory restriction

KAISER 80—the Official Specialist in American National Government, Congressional Research Service, the Library of Congress ~Congressional Action to Overturn Agency Rules: Alternatives to the Legislative Veto; Kaiser, Frederick M., 32 Admin. L. Rev. 667 (1980)~

In addition to direct statutory overrides, there are a variety of statutory and nonstatutory
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5. congressional prior notification provisions.

Judicial means the court

WEST’S LAW 08 ~West’s Encyclopedia of American Law, edition 2. http://legal-dictionary.thefreedictionary.com/judicial~~

Relating to the courts or belonging to the office of a judge; a term pertaining to the administration of justice, the courts, or a judge, as in judicial power.
A judicial act involves an exercise of discretion or an unbiased decision by a court
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discretion and based upon an evaluation of the evidence presented at a hearing.
Judicial connotes the power to punish, sentence, and resolve conflicts.

AND The plan is not presidential authority

Detention requires congressional authorization - Executive does not have the authority to detain

Gonzalez 4   ARTURO J. GONZÁLEZ, counsel et al  April 2004  Supreme Court of the United States On Writ Of Certiorari
RUMSFELD, v.  PADILLA     BRIEF AMICUS CURIAEOF FRED KOREMATSU, THE BAR ASSOCIATION OF SAN FRANCISCO, THE ASIAN LAW CAUCUS, THE ASIAN AMERICAN BAR ASSOCIATION OF THE GREATER BAY AREA,
ASIAN PACIFIC ISLANDER LEGAL OUTREACH, AND THE JAPANESE AMERICAN CITIZENS
LEAGUE IN SUPPORT OF RESPONDENTS  April 2004  http://jenner.com/system/assets/assets/5417/original/18.pdf?1321652398
The history of the detention of Japanese American  citizens during World War II, and the legislation that  followed, demonstrate that the Executive Branch does not have the unilateral power to detain an American citizen indefinitely, without charges or access to counsel.
The internment of 120,000 American citizens of Japanese descent during World War II was one of the darkest moments in American history. The American people have recognized that the indefinite detention of these citizens, without charges, was not justified. Indeed, to prevent such acts, Congress repealed the Emergency  Detention Act of 1950. 

B. This is a voter

Limits are necessary.  Presidential authority is an essential limit.  Otherwise, everything related to war is topical

At best their extra T

Our interpretation is best because it’s key to preserve productive debate—

Modest predictability of the resolution is worth potential substantive tradeoff.  Topicality creates space for relevant debate.

Toni M. MASSARO, Professor of Law, University of Florida, 89 ~August, 1989, "Empathy, Legal Storytelling, and the Rule of Law: New Words, Old Wounds?" Michigan Law Review, 87 Mich. L. Rev. 2099, Lexis~

Yet despite their acknowledgment that some ordering and rules are necessary, empathy proponents tend
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chills judges’ empathic reactions. In this regard, I have several observations.
My first thought is that the rule-of-law model is only a
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rules are guidelines that establish spheres of relevant conversation, not mathematical formulas.
Moreover, legal training in a common law system emphasizes the indeterminate nature of rules
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as a dynamic body of policy determinations constrained by certain guiding principles.55
As a practical matter, therefore, our rules often are ambiguous and fluid standards
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law, despite our commitment to the rule-of-law ideal.
Even when law is clear and relatively inflexible, however, it is not necessarily
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example, women - and hence most vulnerable to unempathetic ad hoc rulings.
A final observation is that the principle of legality reflects a deeply ingrained, perhaps
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this sort of "formalism" provides actually may encourage human relationships.60 

K

The aff is strategically silent on the issue of Native American exploitation, perpetuating the eradication of the Native American culture and population.

Churchill 96 (Ward Churchill, Professor of Ethnic Studies at University of Colorado Boulder, Masters in Communication at Sangamon State, From a Native Son, pp. 520-30, 1996)

I’ll debunk some of this nonsense in a moment, but first I want to
AND
first priority for everyone seriously committed to accomplishing positive change in North America.

The origin of indefinite detention is seen as a process of detaining the enemy, the affirmative glosses over the spectacle of indefinite detention as a archeological and biopolitical issue, our criticism believes that for the archeological approach to work it must go beyond its referent objects and explore the native captivity of indigenous people as a geological origin of criticism.

Newcomb 11 Steve Newcomb "Andrew Jackson and the USA Global War Bill" 6/2/11, http://indiancountrytodaymedianetwork.com/2011/06/02/andrew-jackson-and-usa-global-war-bill

In March 2011, the U.S. government filed a response brief to
AND
The last nail is being driven into the coffin of the American Republic."
 

We should honor the survivors of sexual colonialism by prioritizing anti-colonialism. Native rape survivors understand sexual violence as a weapon of war that has been used against Native communities for the last five hundred years.

Deer 5 (Sarah Deer, Staff Attorney @ Tribal Law and Policy Institute, Sovereignty of the Soul:  Exploring the Intersection of Rape Law Reform and Federal Indian Law, MARCH 11, http://www.law.suffolk.edu/highlights/stuorgs/lawreview/docs/Deer.pdf~~23search=~’sovereignty20of20the20soul, P. 457-459, 2005 )

In order to analyze the legal response to sexual violence in Indian country, it
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death that is difficult to describe to those who have not experienced it. 

Mental Health problems produced through colonialism means another form exclusion of the Native body.

Hilton 11 (Blake T. Hilton, prof @ Univ of Central Oklahoma, Frantz Fanon and Colonialism: A Psychology of Oppression, Journal of Scientific Psychology 45, Sept 2011, http://www.psyencelab.com/images/Frantz_Fanon_and_Colonialism.pdf)

Psychopathology Fanon, in Les Damne?s de la Terre, begins the chapter ?
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the point at which it loosens its hold on oppressed, indigenous populations.

Only having a willingness to exterminate the settler can ensure the destruction of U.S. colonialism.

Meister, 11 (Robert Meister, prof of Social and Political Thought @ UC Santa Cruz, After Evil:  A Politics of Human Rights, p. google books, note:  ev is gender-modified)

The Roots of Genocide The secular logic of genocide arises from the moral psychology
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return-to-sender of the genocidal message of the colonialism itself.

Only decolonization can solve other forms of oppression within settler culture.

Churchill, 3 (Ward Churchill, I am Indigenist: Notes on the Ideology of the Fourth World, Acts of Rebellion: The Ward Churchill Reader, p. _)

Not only is it perfectly reasonable to assert that a restoration of native control
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make themselves part of the problem rather than becoming part of the solution.

Case

The prisoners are not bare life—there are rules that prevent true reduction

Halit Tagma 09, Professor of Political Science, Arizona State , "Homo Sacer vs. Homo Soccer Mom: Reading Agamben and Foucault in the War on Terror," Alternatives: Global, Local, Political, Vol. 34, No. 4 (Oct.-Dec. 2009), pp. 407-435
Thus in some respects, prisoners of the "war on terror" might be
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work in the day-to-day administration of this space.67

The state of exception can be contained

Jennifer Mitzen 11, PhD, University of Chicago, Associate Professor of Political Science at Ohio State University, Michael E. Newell, "Crisis Authority, the War on Terror and the Future of Constitutional Democracy," PDF
But what Agamben has potentially overlooked is the conversation between the government, public and
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, Bush and his administration left, suggesting that popular sovereignty remained intact.

Built-in checks prevents the state of exceptioanlism.

Dickinson, ’4 (University of Cincinnati, Central European History, 37:1, Academic Search Elite)
In short, the continuities between early twentieth—century biopolitical discourse and the practices
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and to have generated a "logic" or imperative of increasing liberalization. 

— Biopower does not result in bare-life

Ojakangas, ’5 (Helsinki Collegium for Advanced Studies in Finland, Mika, "Impossible Dialogue on Bio-power," Foucault Studies, No. 2, p. 5-28, May)
Moreover, life as the object and the subject of bio?power – given
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of life, by fostering and generating "forms?of?life".

Tournament: MAC | Round: Semis | Opponent: Texas | Judge: 

T

Interpretation—the purpose of the ballot is to answer the resolutional question: is the outcome of the enactment of a topical plan by the United States federal government better than the status quo or a competitive policy option?

1. "Resolved" before a colon reflects a legislative form.

Army Officer School 2004 (5-12, "~23 12, Punctuation – The Colon and Semicolon", http://usawocc.army.mil/IMI/wg12.htm)

The colon introduces the following: a. A list, but only after "
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resolved:" Resolved: (colon) That this council petition the mayor.

2. "United States federal government should" means the resolutional question concerns the imagination of outcome of the establishment of a policy by the government.

Jon M. Ericson 2003 (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.

Statutory restriction are congress

KAISER 80—the Official Specialist in American National Government, Congressional Research Service, the Library of Congress ~Congressional Action to Overturn Agency Rules: Alternatives to the Legislative Veto; Kaiser, Frederick M., 32 Admin. L. Rev. 667 (1980)~

In addition to direct statutory overrides, there are a variety of statutory and nonstatutory
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interjecting novel procedural requirements along with different perspectives and influences into the process.
It is also valuable to examine nonstatutory controls available to the Congress:

1. legislative, oversight, investigative, and confirmation hearings;
   2. establishment of select committees and specialized subcommittees to oversee agency rulemaking and enforcement;
   3. directives in committee reports, especially those accompanying legislation, authorizations, and appropriations, regarding rules or their implementation;
   4. House and Senate floor statements critical of proposed, projected, or ongoing administrative action; and
   5. direct contact between a congressional office and the agency or office in question.
   Such mechanisms are all indirect influences; unlike statutory provisions, they are neither self-enforcing nor legally binding by themselves. Nonetheless, nonstatutory devices are more readily available and more easily effectuated than controls imposed by statute. And some observers have attributed substantial influence to nonstatutory controls in regulatory as well as other matters.3
   It is impossible, in a limited space, to provide a comprehensive and exhaustive
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   The statutory mechanisms surveyed here cross a wide spectrum of possible congressional action:
2. single-purpose provisions to overturn or preempt a specific rule;
   2. alterations in program authority that remove jurisdiction from an agency;
   3. agency authorization and appropriation limitations;
   4. inter-agency consultation requirements; and
   5. congressional prior notification provisions.

Judicial means the court

WEST’S LAW 08 ~West’s Encyclopedia of American Law, edition 2. http://legal-dictionary.thefreedictionary.com/judicial~~

Relating to the courts or belonging to the office of a judge; a term pertaining to the administration of justice, the courts, or a judge, as in judicial power.
A judicial act involves an exercise of discretion or an unbiased decision by a court
AND
discretion and based upon an evaluation of the evidence presented at a hearing.
Judicial connotes the power to punish, sentence, and resolve conflicts.

Restricting Offensive Cyber Operations includes both "cyber-attacks" and "cyberexploitation" they don’t do any

Lin 2010 (Henry S., Chief Scientist, Computer Science and Telecommunications Board, NationalResearch Council (NRC) of the National Academies. Prior to his NRC service, he was a staff member and scientist for the House Armed Services Committee(1986-1990), where his portfolio included defense policy and arms control issues, Offensive Cyber Operations and the Use of Force, Journal of National Security Law and Policy, Vol 4:63, http://jnslp.com/wp-content/uploads/2010/08/06_Lin.pdf, p. 63-64.)
Hostile actions against a computer system or network can take two forms.1 One
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), the technological underpinnings and associated operational considerations of both are quite similar.

Substantially isn’t imaginary
Words and Phrases 1964 (40 W26P 759) (this edition of W26P is out of print;  the page number no longer matches up to the current edition and I was unable to find the card in the new edition.  However, this card is also available on google books, Judicial and statutory definitions of words and phrases, Volume 8, p. 7329)

The words "outward, open, actual, visible, substantial, and exclusive
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Bass v. Pease, 79 Ill. App. 308, 318.

Reasons to prefer—

1. Fairness:

A. Predictable limits—there are limitless investigations of democracy assistance and debate practice, but the grammar of the resolution is based on enacting a policy. We can’t predict the infinite number of critical positions the aff allows because they are disconnected from the resolutional question of demands for government action.

Extra –T at best. Advantages aren’t even tangentially related to the rez 

B. Ground—their framework makes stable ground impossible because they can always claim ’critical’ outweigh disads to the plan or shift their advocacy to avoid impact turns—must hold them to a central question for productive argumentation and idea testing to occur.

2. Education:

A. Switch-side testing—changing the ballot from a yes/no question about desirability of the plan undermines effective argumentation because there is no point of stasis to continually re-interrogate, removing the ability to test their ideas and others.

CP

We have presented a redacted version of the plan text – sensitive, classified information has been removed, but this does not deprive it of meaning – the experience of reading the redacted text inadvertently undermines the logic of government transparency and highlights the epistemic violence committed by the state

Nath 2014 "Beyond the Public Eye On FOIA Documents and the Visual Politics of Redaction" Anjali Nath is a Chancellor’s Postdoctoral Fellow in American Studies at the University of California, Davis. She received her PhD from the University of Southern California from the Department of American Studies 26 Ethnicity with a specialization in visual culture. Cultural Studies = Critical Methodologies February 2014 vol. 14 no. 1 21-28

Thus, even an organization such as the ACLU, specifically working within a legal
AND
the ungraspable that we approach the detainee and—correspondingly— redacted subjectivities.

The Net Benefit is necropolitics – the transparency of the affirmative is paradoxical, since the archive of the 1AC is an archive of carcereal violence that is rendered distant – redaction renders this visible, undisclosed, and structurally absent, evoking that which is hidden from view

Nath 2014 "Beyond the Public Eye On FOIA Documents and the Visual Politics of Redaction" Anjali Nath is a Chancellor’s Postdoctoral Fellow in American Studies at the University of California, Davis. She received her PhD from the University of Southern California from the Department of American Studies 26 Ethnicity with a specialization in visual culture. Cultural Studies = Critical Methodologies February 2014 vol. 14 no. 1 21-28

However, as the bits of information we can read from the torture memos affirm
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2002, memos shows how redacted views shape our readings (Figure 2).

The impact is endless violence and war – unmasking necropolitics challenges the very notion that it is necessary to kill in order to live

Mbembe ’03  (Achille Mbembe, "Necropolitics." Public Culture 15(1): Winter 2003)

In Foucault’s formulation of it, biopower appears to function through dividing people into those
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of the will and the capacity to kill in¶ order to live.

K

The aff is strategically silent on the issue of Native American exploitation, perpetuating the eradication of the Native American culture and population.

Churchill 96 (Ward Churchill, Professor of Ethnic Studies at University of Colorado Boulder, Masters in Communication at Sangamon State, From a Native Son, pp. 520-30, 1996)

I’ll debunk some of this nonsense in a moment, but first I want to
AND
first priority for everyone seriously committed to accomplishing positive change in North America.

The origin of indefinite detention is seen as a process of detaining the enemy, the affirmative glosses over the spectacle of indefinite detention as a archeological and biopolitical issue, our criticism believes that for the archeological approach to work it must go beyond its referent objects and explore the native captivity of indigenous people as a geological origin of criticism.

Newcomb 11 Steve Newcomb "Andrew Jackson and the USA Global War Bill" 6/2/11, http://indiancountrytodaymedianetwork.com/2011/06/02/andrew-jackson-and-usa-global-war-bill

In March 2011, the U.S. government filed a response brief to
AND
The last nail is being driven into the coffin of the American Republic."
 

We should honor the survivors of sexual colonialism by prioritizing anti-colonialism. Native rape survivors understand sexual violence as a weapon of war that has been used against Native communities for the last five hundred years.

Deer 5 (Sarah Deer, Staff Attorney @ Tribal Law and Policy Institute, Sovereignty of the Soul:  Exploring the Intersection of Rape Law Reform and Federal Indian Law, MARCH 11, http://www.law.suffolk.edu/highlights/stuorgs/lawreview/docs/Deer.pdf~~23search=~’sovereignty20of20the20soul, P. 457-459, 2005 )

In order to analyze the legal response to sexual violence in Indian country, it
AND
death that is difficult to describe to those who have not experienced it. 

Only having a willingness to exterminate the settler can ensure the destruction of U.S. colonialism.

Meister, 11 (Robert Meister, prof of Social and Political Thought @ UC Santa Cruz, After Evil:  A Politics of Human Rights, p. google books, note:  ev is gender-modified)

The Roots of Genocide The secular logic of genocide arises from the moral psychology
AND
return-to-sender of the genocidal message of the colonialism itself.

Only decolonization can solve other forms of oppression within settler culture.

Churchill, 3 (Ward Churchill, I am Indigenist: Notes on the Ideology of the Fourth World, Acts of Rebellion: The Ward Churchill Reader, p. _)

Not only is it perfectly reasonable to assert that a restoration of native control
AND
make themselves part of the problem rather than becoming part of the solution.

===Case ===

THER CRITICISM IS OPPRESSIVE TO THOSE WHO ARE SUBJECT TO VIOLENCE – IT CREATES A RELATIONSHIP OF DOMINATION THAT SHOULDN’T BE ADOPTED

ALCOFF, PROF OF PHILOSOPHY @ SYRACUSE UNIV, 04 (LINDA MARTÍN, SCHUTTE’S NIETZSCHEAN POSTCOLONIAL POLITICS, HYPATIA, VOL.19, NO.3, SUMMER)

Ultimately, Schutte argues persuasively that the political implications of Nietzsche’s metaphysical critique are incoherent
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their suffering. Contra Nietzsche, all forms of suffering are not ennobling. 

THIS CAUSES FAR-RIGHT HEGEMONY AND AUTHORITARIANISM

CHRISTENSEN, LAW PROFESSOR @ UNIVERSITY OF CINCINNATI, 85 (GORDON, UNIVERSITY OF CINCINATTI LAW REVIEW, P. 356-7)

Some dramatically characterize the trends just described as legal nihilism or the negation of the
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work for the radical right just as well as for the Marxist left21

THEIR ETHIC CELEBRATES INJUSTICE AND GLORIFIES EXPLOITATION AS LIFE-AFFIRMING

ROSS, PHD, 08 (KELLEY L., FRIEDRICH NIETZSCHE (1844-1900), HTTP://WWW.FRIESIAN.COM/NIETZSCH.HTM)

The lack of rights for the dark underclasses brings us to the principal theme of
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as virtual castrati (domestic oxen, geldings) for not being rapists. 

THEY  LEGITIMIZE ATROCITIES

MAY, COLLEGE RESEARCH FELLOW IN PHILOSOPHY @ BIRKBECK COLLEGE,  99 (SIMON, NIETZSCHE’S ETHIC VERSUS ’MORALITY’: THE NEW IDEAL, NIETZSCHE’S ETHICS AND HIS WAR ON ’MORALITY,’ P. 132-133)

An apologist for Nietzsche might suggest that his ethic is not alone in effectively
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against the success—and the possibility of success—of his project.