Tournament: Emporia | Round: 2 | Opponent: Concordia College Knudtzon-Shields | Judge: Denney
Plan text:
Federal judiciary should restrict the war powers authority of the President of the United States regarding indefinite detention by ruling in Dhaib v. Obama that the Commander-in- Chief does not have the authority to force feed detainees on the grounds established in Cruzan and Constitution’s Eighth Amendment ban on cruel and unusual punishment.
Observation 1. Topicality and Inherency.
- We use the major functional terms of the resolution within the plan text.
2. The federal courts have already determined that force feeding of detainees fall within the war powers of the President. Judge Gladys Kessler, in her opinion denying JIHAD DHIAB, indefinite detainee at Guantanamo Bay his request for injunctive relief from being force fed, July, 2013.
Even though this ... at Guantanamo Bay.
3. Mr. Dhiab is being held in indefinite detention, despite being cleared for release four years ago. Judge Kessler again:
Petitioner has been ….purposes, become indefinite.
4. 18 people are currently being force-fed and Guantanamo Bay
DAVID McFADDEN, 9/13
Military Ending Gitmo Hunger Strike Updates http://abcnews.go.com/International/wireStory/us-military-ending-gitmo-hunger-strike-updates-20345198
U.S. military officials ... the inmates' health
Observation 2. The Body as Resistance to the State
The government is attempting to silence the hunger strikes.
Ramiro S. Funez, September 27, 2013, Guantánamo Hunger Strike: It's Still Happening, But Are Journalists Watching?, http://www.policymic.com/articles/65517/guantanamo-hunger-strike-it-s-still-happening-but-are-journalists-watching
The hunger strike …. of journalistic oversight.
State of Exceptions allows the State to constantly expand its power. Ahmad, 2009 Professor of law, Yale University, Lawyer for GITMO Detainees, Northwestern Law Review, 103 Nw. U.L. Rev. 1683 RESISTING GUANTANAMO: RIGHTS AT THE BRINK OF DEHUMANIZATION
The stated rationale ....of the camps.
The Hunger strike is ultimately a question of the prisoner reclaiming his humanity, but we have a duty to speak on their behalf. Ahmad, 2009 Professor of law, Yale University, Lawyer for GITMO Detainees, Northwestern Law Review, 103 Nw. U.L. Rev. 1683 RESISTING GUANTANAMO: RIGHTS AT THE BRINK OF DEHUMANIZATION
But the resistance.... the prisoners human.
Force-feeding has already been deemed cruel to animals.
Reprieve September 11, 2013, “More rights for force-fed geese than Gitmo prisoners, warn lawyers” http://www.uruknet.info/?p=m100846
US courts are ... Bay speaks volumes."
Force feeding is torture. Ahmad, 2009 Professor of law, Yale University, Lawyer for GITMO Detainees, Northwestern Law Review, 103 Nw. U.L. Rev. 1683 RESISTING GUANTANAMO: RIGHTS AT THE BRINK OF DEHUMANIZATION
First, the prisoner …. the 479th time." n328
More evidence that it is torture. Neuman 2013 Human Rights activist, “Guantanamo Is Not an Anomaly - Prisoners in the US Are Force-Fed Every Day Saturday, 11 May 2013.”
No matter where …. calls it “barbaric.”
Guantanamo is the literal process of creating bare life through torture. Ahmad, 2009 Professor of law, Yale University, Lawyer for GITMO Detainees, Northwestern Law Review, 103 Nw. U.L. Rev. 1683 RESISTING GUANTANAMO: RIGHTS AT THE BRINK OF DEHUMANIZATION
When placed in ...biological existence.
Torture is world destroying, total destruction of the self. Ahmad, 2009 Professor of law, Yale University, Lawyer for GITMO Detainees, Northwestern Law Review, 103 Nw. U.L. Rev. 1683 RESISTING GUANTANAMO: RIGHTS AT THE BRINK OF DEHUMANIZATION
Through the infliction of pain, torture not only damages the body and the mind, it is, as Elaine Scarry has described, "world-destroying." n134 As Scarry writes:
It is the ...the Guantanamo prisoners.
Dehumanization outweighs all – it’s the Fifth Horseman of the Apocalypse
Montagu and Matson 83 – Esteemed Scientist and Writer; and Professor of American Studies at University of Hawaii
Ashley and Floyd, The dehumanization of man,
http://64.233.187.104/search?q=cache:hnDfqSFkJJwJ:www.cross-x.com/vb/archive/index.php/t-939595.html+montagu+matson+dehumanizationandhl=en
The contagion is ...course, is dehumanization.
Observation 3. Solvency
- Mr. Dhiab falls within a loophole in the federal law stripping the courts of their jurisdiction of GITMO detainees because he is no longer an enemy combatant. Michael Dorf, Professor of Law at Cornell University, 2013 Michael C. Dorf is the Robert S. Stevens Professor of Law at Cornell University Law School. “Legal Limits of Force Feeding
Some of the ...of their confinement.
2. The Eighth Amendment prohibits the use of cruel and unusual punishment. Its bans torture.
3. Cruzan provides the constitutional basis for limiting the President’s authority to force feed Mr. Dhiab. Michael Dorf, Professor of Law at Cornell University, 2013 Michael C. Dorf is the Robert S. Stevens Professor of Law at Cornell University Law School. “Legal Limits of Force Feeding
Under the law of... resisting forced feeding.
4. Refusing force feeding is NOT suicide. Annas and Crosby, New England Journal of Medicine, 2013 Guantanamo Bay: A Medical Ethics–free Zone? New England Journal of Medicine George J. Annas, J.D., M.P.H., Sondra S. Crosby, M.D., and Leonard H. Glantz, J.D. N Engl J Med 2013; 369:101-103July 11, 2013
Hunger strikers are ... and international medical ethics.
5. Hunger strikes are a traditional form of resistance to the State. Ahmad, 2009 Professor of law, Yale University, Lawyer for GITMO Detainees, Northwestern Law Review, 103 Nw. U.L. Rev. 1683 RESISTING GUANTANAMO: RIGHTS AT THE BRINK OF DEHUMANIZATION
As in countless struggles b...the hunger striker. n332
6. We reframe the right to hunger strike as the locus of resistance against State violence and solves for maintaining one’s own humanity. Ahmad, 2009 Professor of law, Yale University, Lawyer for GITMO Detainees, Northwestern Law Review, 103 Nw. U.L. Rev. 1683 RESISTING GUANTANAMO: RIGHTS AT THE BRINK OF DEHUMANIZATION
I argue that ...maintain our humanity.