Tournament: App State | Round: 2 | Opponent: Navy | Judge: Carly Lehrich
Text: President Obama should issue an executive order clarifying that offensive cyber operations must be conducted in accordance with the Intelligence Authorization Act for Fiscal Year 1991’s definitions and regulations of covert action.
CP comparatively solves the case best while preserving presidential flexibility
Brecher, J.D. Candidate at U. Mich Law, 12
(Aaron P., “Cyberattacks and the Covert Action Statute: Toward a Domestic Legal Framework for Offensive Cyber Operations,” December 2012, Michigan Law Review 111:423-452, accessed 7-30-13 Bosley
Cyberattacks present a...the president alone
Self-restraint solves the case and signaling
Posner and Vermeule 7
(Eric Posner, The University of Chicago Law School Professor, and Adrian Vermeule, Harvard Law School Professor of Law, 2007, The Credible Executive, 74 U. Chi. L. Rev. 865)
The Madisonian system...ever enforces it
“Perm – do both” links to the net benefit because it reduces presidential war powers authority – EXPLAIN
And perm fails – non-executive silence key to precedent and preserving executive flexibility
Bellia 2
(Patricia, Professor of Law @ Notre Dame, “Executive Power in Youngstown’s Shadows” Constitutional Commentary, , 19 Const. Commentary 87, Spring, Lexis)
To see the...are themselves Constitutional
Fiat solves rollback – its reciprocal to aff durable fiat based on the agent of the plan – that’s key to neg ground and fairness
No rollback or circumvention – internal restraints and political costs solve
Posner and Vermeule ’11
(Eric Posner is Kirkland and 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 138)
More schematically we...ever enforces it
No rollback – Courts stay out of it, Congress fails, and Presidents wins most challenges
Glitterman, Professor of Public Policy at UNC, 13
(Daniel P., “The American Presidency and the Power of the Purchaser,” June 2013, Presidential Studies Quartlerly 43(2):225-251, accessed 8-9-13 Bosley)
Presidents and their...go to trial