Tournament: Emporia | Round: 1 | Opponent: Concordia BS | Judge:
The object of the rez is “authority” not “war powers” – the only “Presidential War Power Authority” is to make military decisions the executive is authorized to make
Robert Bajesky 13
(M.A. Political Science (Michigan), M.A. Applied Economics (Michigan), LL.M. International Law (Georgetown), has taught international law courses for Cooley Law School and the Department of Political Science at the University of Michigan, American Government and Constitutional Law courses for Alma College, and business law courses at Central Michigan University and the University of Miami; “Dubitable Security Threats and Low Intensity Interventions as the Achilles' Heel of War Powers,” Mississippi College Law Review 32 Miss. C. L. Rev. 9)
A numerical comparison indicates that …..." n31 The Framers drew a precise distinction by specifying that the President was empowered "to repel and not to commence war." n32
The authority to arrest and detain “material witnesses” belongs to the Courts for all proceedings. It doesn’t necessitate any Executive grant of power.
Catherine Cone 12
(Senior Staff Member, American University Law Review; J.D. Candidate, May 2013, American University, Washington College of Law; B.A., English, Spanish, 2003, Duke University; "Text and Pretext: The Future of Material Witness Detention After Ashcroft v. Al-Kidd," American University Law Review 62, no.2 (2012): 333-381)
A. The Federal Material Witness Statute: Origins, Purpose, and Practice ¶ The government’s authority to arrest and detain material witnesses ¶ was …. any criminal proceeding, and thus ¶ encompasses both grand jury indictments and criminal trials.27
And, it’s not indefinite detention authority –
(a) Must have no temporal boundaries
Larsen, PhD Candidate in Sociology at York University and a Researcher at the York Centre for International and Security Studies, 3/30/2012
(Mike, http://redfile.wordpress.com/2012/03/30/indefinite-detention-2/)
The Wikipedia definition may not be …… period of incarceration. It is a form of detention that is characterized by uncertainty in terms of its limits.
(b) Detention authority for the war on terror is temporally bounded by the AUMF
Oona Hathaway, Yale University professor of law and political science, et al, 2012, The Power to Detain: Detention and Terrorism Suspects After 9/11, www.law.yale.edu/documents/pdf/Intellectual_Life/YLS_PowertoDetain.pdf
For example, the 2002 AUMF uses the same “…..; any detention authority that comes with it is also similarly limited. See Military Commissions Act of 2009, Pub. L. No. 111-184, 123 Stat. 2190.