Wu 12 – Permanent Representative of China to the Conference on Disarmament (Haito, and#34;Statement by H.E. Ambassador Wu Haitao, on PAROS,and#34; http://www.china-un.ch/eng/hom/t938642.htm) Firstly, arms race in outer space is posing an immediate security challenge to international AND in place to negotiate and conclude new international legal instrument on outer space.
US weaponization leads to arms racing – spills over to nuclear warfare
Tannenwald 4 - Assistant Professor and Director of the International Relations Program, Watson Institute for International Studies, Brown University (Nina, Article: Law Versus Power on the High Frontier: The Case for a Rule-Based Regime for Outer Space, 29 Yale J. Int’l L. 363) A more elaborated legal regime would be aimed at preventing destabilizing conflicts over the use AND -tech arms race and renew emphasis on doctrines of nuclear warfare. n25
Space wars escalate to nuclear war
Englehart 8 – JD, patent litigation attorney practicing in the firm’s Litigation, ITC Litigation and Patent Interferences groups (Alex, COMMON GROUND IN THE SKY: EXTENDING THE 1967 OUTER SPACE TREATY TO RECONCILE U.S. AND CHINESE SECURITY INTERESTS, Pacific Rim Law and Policy Journal, 17.1) An Effective U.S. Space Weapons Deployment Would Neutralize the ¶ Effectiveness of AND order to avoid ¶ the total collapse of its strategic nuclear deterrent.64
Independently, US plans to weaponize space leads to diplomatic backlash – undercut multilateral burden-sharing
Brown 9 – PhD @ Auburn (Trevor, and#34;Soft Power and Space Weaponizationand#34; Air 26 Space power Journal Volume 23 No 1, Spring, pg. 67) The United States has plans to weaponize space and is already deploying missile-defense AND difficult politically for the Air Force to make plans to offer such protection.
Space weapons backlash spills over
Marshall 5 – PhD, Former Research Fellow, International Security Program @ Belfer Center (William, et al, and#34;Space weapons: the urgent debate,and#34; ISYP Journal on Science and World Affairs, Vol. 1, No. 1) On the other hand, a range of short term disadvantages are possible, 1 AND view that any weapon in outer space violates the spirit of that Treaty.
Specifically – space backlash collapses climate cooperation
Moore 8 – Research Fellow @ TII, articles have appeared in the Brown Journal of World Affairs, Foreign Service Journal, Yes21 A Journal of Positive Futures, and The SAIS Review and International Affairs. (Mike, and#34;Twilight War: The Folly of U.S. Space Dominance,and#34; Carnegie Council) Now, there is another moral issue. We are triggering a new arms race AND have? Nations need to work together in order to solve these problems.
Global climate cooperation solves warming
Burleson 7 – Pace University School of Law, LLM London School of Economics and Political Science, JD University of Connecticut School of Law (Elizabeth Burleson, and#34;Multilateral Climate Change Mitigationand#34; 41 U.S.F. Law Review 373, January 1 2007, Environmental Law Commons) The international community can overcome political and economic disparity to achieve climate stabilization. The AND of policy instruments. Avoiding catastrophic climate change requires genuine multilateral cooperation immediately.
Warming is anthropogenic – most comprehensive analysis to date proves
Green 13 – Professor of Chemistry @ Michigan Tech, *John Cook – Fellow @ Global Change Institute, produced climate communication resources adopted by organisations such as NOAA and the U.S. Navy Dana Nuccitelli – MA in Physics @ UC-Davis *Mark Richardson – PhD Candidate in Meteorology, et al., (and#34;Quantifying the consensus on anthropogenic global warming in the scientific literature,and#34; Environmental Research Letters, 8.2) An accurate perception of the degree of scientific consensus is an essential element to public AND 1 based on abstract ratings) endorses the scientific consensus on AGW.
There is a low threshold for RUNAWAY warming – newest studies prove
Goldblatt 13 – PhD in Environmental Sciences, Research Associate, Virtual Planetary Laboratory 26 Astronomy Department @ U Washington (Colin, et al., and#34;Low simulated radiation limit for runaway greenhouse climates,and#34; Nature Geoscience 6, 661–667, doi:10.1038/ngeo1892) Here, we present the most complete study of the runaway greenhouse for 25 years AND (with a major component being condensable), and no empirical comparison cases.
Runaway warming tipping points coming soon – must act now to avert extinction
Hamilton 10 – Professor of Public Ethics @ ANU (Clive Hamilton, Professor of Public Ethics in Australia, 2010, and#34;Requiem for a Species: Why We Resist the Truth About Climate Change,and#34; pg. 1-2) One of the most striking features of the global warming debate has been how, AND will be gone and humans will enter a long struggle just to survive.
The risk is existential
Mazo 10 – PhD in Paleoclimatology from UCLA (Jeffrey Mazo, Managing Editor, Survival and Research Fellow for Environmental Security and Science Policy at the International Institute for Strategic Studies in London, 3-2010, and#34;Climate Conflict: How global warming threatens security and what to do about it,and#34; pg. 122) The best estimates for global warming to the end of the century range from 2 AND adaptation to these extremes would mean profound social, cultural and political changes.
2
Advantage two – balancing
Space weapons restrictions reverse China-Russia counterbalancing
Englehart 8 – JD, patent litigation attorney practicing in the firm’s Litigation, ITC Litigation and Patent Interferences groups (Alex, COMMON GROUND IN THE SKY: EXTENDING THE 1967 OUTER SPACE TREATY TO RECONCILE U.S. AND CHINESE SECURITY INTERESTS, Pacific Rim Law and Policy Journal, 17.1) Beyond the Inevitable Direct Harm to Sino-American Relations, the ¶ Deployment of AND to negotiate on the space weapons issue would serve ¶ that goal well.
A legally binding agreement is key
Su 10 – Faculty @ Silk Road Institute of International and Comparative Law (Jinyuan, and#34;Towards an effective and adequately veri?able PPWT,and#34; Space Policy, p. 152) Today the world is already half way down the road to space¶ weaponization, AND worsen if ASATs proliferated to more states and¶ non-state actors.
Russia-China counterbalancing collapses hegemony leads to multiple scenarios for war
Blank 9 – Research Professor of National Security Affairs at the Strategic Studies Institute of the U.S. Army War College (Stephen Blank, and#34;Russia And Arms Control: Are There Opportunities For The Obama Administration?,and#34; online: http://www.strategicstudiesinstitute.army.mil/pdffiles/pub908.pdf) Consequently, the danger is that this ideological-strategic rivalry will harden, leading AND of joint military action in response to a regime crisis in the DPRK.
Nuclear war
Brooks et al 13 - Associate Professor of Government at Dartmouth College (Stephen G. Brooks, G. John Ikenberry is the Albert G. Milbank Professor of Politics and International Affairs at Princeton University in the Department of Politics and the Woodrow Wilson School of Public and International Affairs. He is also a Global Eminence Scholar at Kyung Hee University.William C. Wohlforth is the Daniel Webster Professor in the Department of Government at Dartmouth College. and#34;Don’t Come Home, America: The Case against Retrenchmentand#34;, Winter, 37.3) A core premise of deep engagement is that it prevents the emergence of a far AND case would generate intensely competitive behavior, possibly including regional great power war).
Plan
The United States Congress should statutorily restrict the President’s authority to introduce weapons into space with the Treaty on Prevention of the Placement of Weapons in Outer Space and of the Threat or Use of Force against Outer Space Objects.
Solvency
The plan jumpstarts binding international agreements on space weapons
Jaramillo 9 – MA in Global Governance, Program Officer at Project Ploughshares working on the Space Security and Nuclear Disarmament programs (Cesar, and#34;In Defence of the PPWT Treaty: Toward a Space Weapons Ban,and#34; The Ploughshares Monitor, 30.4) The existing legal regime that tackles the potential weaponization of outer space is outdated, AND deserves, so that space can be preserved as a peaceful global commons.
A legally binding and formal restriction is key – it’s trusted, prevents crisis-reversal and solves rollback by future administrations
Mutschler 10 – PhD @ Eberhard-Karls U, Researcher at the German Institute for International and Security Affairs, Berlin (Max, and#34;Keeping Space Safe, PRIF-Report No 98, Scholar) The major arguments in favor of a and#34;rules of the roadand#34; approach which AND space weapons is better suited to keeping space safe in the long term.
This comprehensive legal regime prevents space arms racing
Tannenwald 4 - Assistant Professor and Director of the International Relations Program, Watson Institute for International Studies, Brown University (Nina, Article: Law Versus Power on the High Frontier: The Case for a Rule-Based Regime for Outer Space, 29 Yale J. Int’l L. 363) The future of peace and security in outer space is at a critical juncture. AND preemptive attack that powerful but vulnerable weapons systems seem likely to create. n18
TRANSNATIONAL JUDICIAL DIALOGUE CONFIRMS THIS COURT’S LEADERSHIP IN PROMOTING ADHERENCE TO RULE OF LAW IN AND promoting respect for rule of law in foreign states during times of conflict.
Detention policy is key – perception of a strong judiciary is key to prevent backsliding
CJA 4, Center for Justice and Accountability ~2004, The Center for Justice 26 Accountability ("CJA") seeks, by use of the legal systems, to deter torture and other human rights abuses around the world., "BRIEF OF the CENTER FOR JUSTICE AND ACCOUNTABILITY, the INTERNATIONAL LEAGUE FOR HUMAN RIGHTS, and INDIVIDUAL ADVOCATES for the INDEPENDENCE of the JUDICIARY in EMERGING DEMOCRACIES as AMICI CURIAE IN SUPPORT OF PETITIONERS", http://www.cja.org/downloads/Al-Odah_Odah_v_US___Rasul_v_Bush_CJA_Amicus_SCOTUS.pdf~~ A STRONG, INDEPENDENT JUDICIARY IS ESSENTIAL TO THE PROTECTION OF INDIVIDUAL FREEDOMS AND THE ESTABLISHMENT OF STABLE GOVERNANCE IN EMERGING DEMOCRACIES AROUND THE WORLD. A. Individual Nations Have Accepted and Are Seeking to Implement Judicial Review By A Strong, Independent Judiciary. Many of the newly independent governments that have proliferated over the past five decades have adopted these ideals. They have emerged from a variety of less-than-free contexts, including the end of European colonial rule in the 1950’s and 1960’s, the end of the Cold War and the breakup of the former Soviet Union in the late 1980’s and 1990’s, the disintegration of Yugoslavia, and the continuing turmoil in parts of Africa, Latin America and southern Asia. Some countries have successfully transitioned to stable and democratic forms of government that protect individual freedoms and human rights by means of judicial review by a strong and independent judiciary. Others have suffered the rise of tyrannical and oppressive rulers who consolidated their hold on power in part by diminishing or abolishing the role of the judiciary. And still others hang in the balance, struggling against the onslaught of tyrants to establish stable, democratic governments. In their attempts to shed their tyrannical pasts and to ensure the protection of individual rights, emerging democracies have consistently looked to the United States and its Constitution in fashioning frameworks that safeguard the independence of their judiciaries. See Ran Hirschl, The Political Origins of Judicial Empowerment through Constitutionalization: Lessons from Four Constitutional Revolutions, 25 Law 26 Soc. Inquiry 91, 92 (2000) (stating that of the "~m~any countries . . . ~that~ have engaged in fundamental constitutional reform over the past three decades," nearly all adopted "a bill of rights and establishe~d~ some form of active judicial review") Establishing judicial review by a strong and independent judiciary is a critical step in stabilizing and protecting these new democracies. See Christopher M. Larkins, Judicial Independence and Democratization: A Theoretical and Conceptual Analysis, 44 Am. J. Comp. L. 605, 605-06 (1996) (describing the judicial branch as having "a uniquely important role" in transitional countries, not only to "mediate conflicts between political actors but also ~to~ prevent the arbitrary exercise of government power; see also Daniel C. Prefontaine and Joanne Lee, The Rule of Law and the Independence of the Judiciary, International Centre for Criminal Law Reform and Criminal Justice Policy (1998) ("There is increasing acknowledgment that an independent judiciary is the key to upholding the rule of law in a free society . . . . Most countries in transition from dictatorships and/or statist economies recognize the need to create a more stable system of governance, based on the rule of law."), available at http://www.icclr.law.ubc.ca/Publications/Reports/RuleofLaw. pdf (last visited Jan. 8, 2004). Although the precise form of government differs among countries, "they ultimately constitute variations within, not from, the American model of constitutionalism . . . ~a~ specific set of fundamental rights and liberties has the status of supreme law, is entrenched against amendment or repeal . . . and is enforced by an independent court . . . ." Stephen Gardbaum, The New Commonwealth Model of Constitutionalism, 49 Am. J. Comp. L. 707, 718 (2001). This phenomenon became most notable worldwide after World War II when certain countries, such as Germany, Italy, and Japan, embraced independent judiciaries following their bitter experiences under totalitarian regimes. See id. at 714- 15; see also United States v. Then, 56 F.3d 464, 469 (2d Cir. 1995) (Calabresi, J., concurring) ("Since World War II, many countries have adopted forms of judicial review, which — though different from ours in many particulars — unmistakably draw their origin and inspiration from American constitutional theory and practice. See generally Mauro Cappelletti, The Judicial Process in Comparative Perspective (Oxford: Clarendon Press, 1989)."). It is a trend that continues to this day. It bears mention that the United States has consistently affirmed and encouraged the establishment of independent judiciaries in emerging democracies. In September 2000, President Clinton observed that "~w~ithout the rule of law, elections simply offer a choice of dictators. . . . America’s experience should be put to use to advance the rule of law, where democracy’s roots are looking for room and strength to grow." Remarks at Georgetown University Law School, 36 Weekly Comp. Pres. Doc. 2218 (September 26, 2000), available at http://clinton6.nara.gov/2000/09/2000-09-26- remarks-by-president-at-georgetown-international-lawcenter.html. The United States acts on these principles in part through the assistance it provides to developing nations. For example, the United States requires that any country seeking assistance through the Millenium Challenge Account, a development assistance program instituted in 2002, must demonstrate, among other criteria, an "adherence to the rule of law." The White House noted that the rule of law is one of the "essential conditions for successful development" of these countries. See http://www.whitehouse.gov/infocus/developingnations (last visited Jan. 8, 2004).12 A few examples illustrate the influence of the United States model. On November 28, 1998, Albania adopted a new constitution, representing the culmination of eight years of democratic reform after the communist rule collapsed. In addition to protecting fundamental individual rights, the Albanian Constitution provides for an independent judiciary consisting of a Constitutional Court with final authority to determine the constitutional rights of individuals. Albanian Constitution, Article 125, Item 1 and Article 128; see also Darian Pavli, "A Brief ’Constitutional History’ of Albania" available at http://www.ipls.org/services/others/chist.html (last visited Janaury 8, 2004); Jean-Marie Henckaerts 26 Stefaan Van der Jeught, Human Rights Protection Under the New Constitutions of Central Europe, 20 Loy. L.A. Int’l 26 Comp. L.J. 475 (Mar. 1998). In South Africa, the new constitutional judiciary plays a similarly important role, following generations of an oppressive apartheid regime. South Africa adopted a new constitution in 1996. Constitution of the Republic of South Africa, Explanatory Memorandum. It establishes a Constitutional Court which "makes the final decision whether an Act of Parliament, a provincial Act or conduct of the President is constitutional." Id. at Chapter 8, Section 167, Item (5), available at http://www.polity.org.za/html/govdocs/constitution/saconst.html?r ebookmark=1 (last visited January 8, 2004); see also Justice Tholakele H. Madala, Rule Under Apartheid and the Fledgling Democracy in Post-Apartheid South Africa: The Role of the Judiciary, 26 N.C. J. Int’l L. 26 Com. Reg. 743 (Summer 2001). Afghanistan is perhaps the most recent example of a country struggling to develop a more democratic form of government. Adoption by the Loya Jirga of Afghanistan’s new constitution on January 4, 2004 has been hailed as a milestone. See http://www.cbsnews.com/stories/2004/01/02/world/main59111 6.shtml (Jan 7, 2004). The proposed constitution creates a judiciary that, at least on paper, is "an independent organ of the state," with a Supreme Court empowered to review the constitutionality of laws at the request of the Government and/or the Courts. Afghan Const. Art. 116, 121 (unofficial English translation), available at http://www.hazara.net/jirga/AfghanConstitution-Final.pdf (last visited January 8, 2004). See also Ron Synowitz, Afghanistan: Constitutional Commission Chairman Presents Karzai with Long-Delayed Draft Constitution (November 3, 2003), available at http://www.rferl.org/nca/features/2003/11/03112003164239.as p (last visited Jan. 8, 2004). B. Other Nations Have Curtailed Judicial Review During Times Of Crisis, Often Citing the United States’ Example, And Individual Freedoms Have Diminished As A Result. While much of the world is moving to adopt the institutions necessary to secure individual rights, many still regularly abuse these rights. One of the hallmarks of tyranny is the lack of a strong and independent judiciary. Not surprisingly, where countries make the sad transition to tyranny, one of the first victims is the judiciary. Many of the rulers that go down that road justify their actions on the basis of national security and the fight against terrorism, and, disturbingly, many claim to be modeling their actions on the United States. Again, a few examples illustrate this trend. In Peru, one of former President Alberto Fujimori’s first acts in seizing control was to assume direct executive control of the judiciary, claiming that it was justified by the threat of domestic terrorism. He then imprisoned thousands, refusing the right of the judiciary to intervene. International Commission of Jurists, Attacks on Justice 2000-Peru, August 13, 2001, available at http://www.icj.org/news.php3?id_article=258726lang=en (last visited Jan. 8, 2004). In Zimbabwe, President Mugabe’s rise to dictatorship has been punctuated by threats of violence to and the co-opting of the judiciary. He now enjoys virtually total control over Zimbabweans’ individual rights and the entire political system. R.W. Johnson, Mugabe’s Agents in Plot to Kill Opposition Chief, Sunday Times (London), June 10, 2001; International Commission of Jurists, Attacks on Justice 2002— Zimbabwe, August 27, 2002, available at http://www.icj.org/news.php3?id_article=269526lang=en (last visited Jan. 8, 2004). While Peru and Zimbabwe represent an extreme, the independence of the judiciary is under assault in less brazen ways in a variety of countries today. A highly troubling aspect of this trend is the fact that in many of these instances those perpetuating the assaults on the judiciary have pointed to the United States’ model to justify their actions. Indeed, many have specifically referenced the United States’ actions in detaining persons in Guantánamo Bay. For example, Rais Yatim, Malaysia’s "de facto law minister" explicitly relied on the detentions at Guantánamo to justify Malaysia’s detention of more than 70 suspected Islamic militants for over two years. Rais stated that Malyasia’s detentions were "just like the process in Guantánamo," adding, "I put the equation with Guantánamo just to make it graphic to you that this is not simply a Malaysian style of doing things." Sean Yoong, "Malaysia Slams Criticism of Security Law Allowing Detention Without Trial," Associated Press, September 9, 2003 (available from Westlaw at 9/9/03 APWIRES 09:34:00). Similarly, when responding to a United States Government human rights report that listed rights violations in Namibia, Namibia’s Information Permanent Secretary Mocks Shivute cited the Guantánamo Bay detentions, claiming that "the US government was the worst human rights violator in the world." BBC Monitoring, March 8, 2002, available at 2002 WL 15938703. Nor is this disturbing trend limited to these specific examples. At a recent conference held at the Carter Center in Atlanta, President Carter, specifically citing the Guantánamo Bay detentions, noted that the erosion of civil liberties in the United States has "given a blank check to nations who are inclined to violate human rights already." Doug Gross, "Carter: U.S. human rights missteps embolden foreign dictators," Associated Press Newswires, November 12, 2003 (available from Westlaw at 11/12/03 APWIRES 00:30:26). At the same conference, Professor Saad Ibrahim of the American University in Cairo (who was jailed for seven years after exposing fraud in the Egyptian election process) said, "Every dictator in the world is using what the United States has done under the Patriot Act . . . to justify their past violations of human rights and to declare a license to continue to violate human rights." Id. Likewise, Shehu Sani, president of the Kaduna, Nigeriabased Civil Rights Congress, wrote in the International Herald Tribune on September 15, 2003 that "~t~he insistence by the Bush administration on keeping Taliban and Al Quaeda captives in indefinite detention in Guantánamo Bay, Cuba, instead of in jails in the United States — and the White House’s preference for military tribunals over regular courts — helps create a free license for tyranny in Africa. It helps justify Egypt’s move to detain human rights campaigners as threats to national security, and does the same for similar measures by the governments of Ivory Coast, Cameroon and Burkina Faso." Available at http://www.iht.com/ihtsearch.php?id=10992726owner=(IHT)26dat e=20030121123259. In our uni-polar world, the United States obviously sets an important example on these issues. As reflected in the foundational documents of the United Nations and many other such agreements, the international community has consistently affirmed the value of an independent judiciary to the defense of universally recognized human rights. In the crucible of actual practice within nations, many have looked to the United States model when developing independent judiciaries with the ability to check executive power in the defense of individual rights. Yet others have justified abuses by reference to the conduct of the United States. Far more influential than the words of Montesquieu and Madison are the actions of the United States. This case starkly presents the question of which model this Court will set for the world. CONCLUSION Much of the world models itself after this country’s two hundred year old traditions — and still more on its day to day implementation and expression of those traditions. To say that a refusal to exercise jurisdiction in this case will have global implications is not mere rhetoric. Resting on this Court’s decision is not only the necessary role this Court has historically played in this country. Also at stake are the freedoms that many in emerging democracies around the globe seek to ensure for their peoples.
Democracy solves war – norms spread through the judiciary cause global peace
Kersch 6, Assistant Professor of Politics ~2006, Ken I. Kersch, Assistant Professor of Politics, Princeton University. B.A., Williams; J.D., Northwestern; Ph.D., Cornell. Thanks to the Social Philosophy and Policy Center at Bowling Green State University, where I was a visiting research scholar in the fall of 2005, and to the organizers of, and my fellow participants in, the Albany Law School Symposium, Albany Law School, "The Supreme Court and international relations theory.", http://www.thefreelibrary.com/The+Supreme+Court+and+international+relations+theory.-a0151714294~~ Liberal theories of international relations hold that international peace and prosperity are advanced to the AND . The liberal foreign policy outlook will thus fortify them against contemporary criticism.
Specifically, spread of liberal democracies have decreased violence
Pinker, psychology professor at Harvard University, ’12 ~Steven, Current History, Jan, Ebsco EJS~ The decline of violence may be the most significant and least appreciated development in the AND and knowledge, we can add its role in the reduction of violence.
Iraq is looking to the US, strong defense of habeas is key to establish lasting democracy
Scharf et al 9, PILPG Managing Director ~Professor Michael P. Scharf is the PILPG Managing Director, John Deaver Drinko — Baker 26 Hostetler Professor of Law and Director of the Frederick K. Cox International Law Center at the Case Western Reserve University School of Law, "BRIEF OF THE PUBLIC INTERNATIONAL LAW 26 POLICY GROUP AS AMICUS CURIAE IN SUPPORT OF PETITIONERS", www.americanbar.org/content/dam/aba/publishing/preview/publiced_preview_briefs_pdfs_09_10_08_1234_PetitionerAmCuPILPG.authcheckdam.pdf-http://www.americanbar.org/content/dam/aba/publishing/preview/publiced_preview_briefs_pdfs_09_10_08_1234_PetitionerAmCuPILPG.authcheckdam.pdf~~ As the foregoing examples illustrate, foreign governments rely on the precedent set by the AND upholds the rule of law, foreign judges are more likely to follow.
Strengthened judicial independence is key to solve backsliding – addresses alt causes
Pimental and Anderson 13, Associate and Assistant Professors of Law ~June 2013, David Pimentel is Visiting Associate Professor of Law, Ohio Northern University; Brian Anderson is a Reference Librarian and Assistant Professor, also at Ohio Northern University, "Judicial Independence in Post-Conflict Iraq: Establishing the Rule of Law in an Islamic Constitutional Democracy", http://works.bepress.com/cgi/viewcontent.cgi?article=101326context=david_pimentel~~ Contemporary Iraq is facing the full range of challenges that come with post-conflict AND vigilante score-settling that signals the breakdown of the Rule of Law.
Global nuclear war
Morgan 7 (Former member of the British Labour Party Executive Committee, 3/4, "Better another Taliban Afghanistan, than a Taliban NUCLEAR Pakistan21?" http://www.electricarticles.com/display.aspx?id=639) The nightmare that is now Iraq would take on gothic proportions across the continent. AND in a new Cold War with China and Russia pitted against the US.
Legal and rights based detention strategies are a critical form of resistance—even if it fails, the act of demanding habeas rights affirms the life of detainees and provides a check on state violence
Ahmad 9, Professor of Law ~2009, Muneer I. Ahmad is a Clinical Professor of Law, Yale Law School, "RESISTING GUANTÁNAMO: RIGHTS AT THE BRINK OF DEHUMANIZATION", Northwestern University Law Review, Vol. 103, p. 1683, American University, WCL Research Paper No. 08-65~
This Article is about the work that rights do, and the work of the AND , state violence is so extreme as to attempt to extinguish the human.
Specifically habeas education is key to progress—second generation Guantanamo issues require a more detailed focus on the legal system—student advocacy enables us to make change
Marguiles 11, Professor of Law ~February 9, 2011, Peter Margulies is Professor of Law, Roger Williams University., "The Ivory Tower at Ground Zero: Conflict and Convergence in Legal Education’s Responses to Terrorism"Journal of Legal Education, Vol. 60, p. 373, 2011, Roger Williams Univ. Legal Studies Paper No. 100~ If timidity in the face of government overreaching is the academy’s overarching historical narrative, AND Students need more uidance on what to look for when structure shapes substance.
State-centrism is the only way to produce human security and limit everyday injustice – material change should be preferred
-alternatives to the state will not be democratically accountable – can’t give content to rights claims -key to value to life McCormack 10 – PhD in IR Tara McCormack, is Lecturer in International Politics at the University of Leicester and has a PhD in International Relations from the University of Westminster. 2010, Critique, Security and Power: The political limits to emancipatory approaches, pg. 140-142 Critical and emancipatory theorists fail to understand that there must be a political content to AND and emancipatory approaches reproduce and authorise the constitutive particular practices of contemporary powers.
Criticisms of civil society are too pessimistic and ignore the life altering possibility of current activists
Eschle 26 Maiguashca 7 —Catherine Eschle, Department of Government, University of Strathclyde, Glasgow, Bice Maiguashca, Department of Politics, University of Exeter, Exeter, British Journal of Politics and International Relations, Rethinking Globalised Resistance: Feminist Activism and Critical Theorising in International Relations, VOL 9, 284–301 Critical theory is, in this sense, a form of ’politicised’ or ’ AND of its nature and signi?cance as an instance of the politics of resistance.
"Civil society bad" arguments can’t explain environmental justice movements – and their final impact arguments assume the slave is dumb to successfully resist
Foreman 13 —Chris, nonresident Senior Fellow at the Brookings Institution where he was a full-time member of the Governance Studies staff for over a decade, Breakthrough Journal, Winter The environmental justice movement changed all of that, providing a framework through which many AND like Shintech, the largest domestic producer of polyvinyl chloride, more treacherous.
The United States federal judiciary should provide trials with a preponderance of the evidence standard for individuals in military detention.
1/8/14
1AC Plan Text -- Space Weapons
Tournament: gsu | Round: 1 | Opponent: Florida | Judge: SElliott The United States Congress should statutorily restrict the war powers authority of the president to introduce space armed forces into hostilities.
1/8/14
1AC USC
Tournament: USC | Round: 2 | Opponent: UT FM | Judge: Nick Miller
1AC
*US Judiciary is modeled globally – strong habeas support is key to solve for authoritarianism
TRANSNATIONAL JUDICIAL DIALOGUE CONFIRMS THIS COURT’S LEADERSHIP IN PROMOTING ADHERENCE TO RULE OF LAW IN AND promoting respect for rule of law in foreign states during times of conflict.
Detention policy is key – perception of a strong judiciary is key to prevent backsliding
CJA 4, Center for Justice and Accountability ~2004, The Center for Justice 26 Accountability ("CJA") seeks, by use of the legal systems, to deter torture and other human rights abuses around the world., "BRIEF OF the CENTER FOR JUSTICE AND ACCOUNTABILITY, the INTERNATIONAL LEAGUE FOR HUMAN RIGHTS, and INDIVIDUAL ADVOCATES for the INDEPENDENCE of the JUDICIARY in EMERGING DEMOCRACIES as AMICI CURIAE IN SUPPORT OF PETITIONERS", http://www.cja.org/downloads/Al-Odah_Odah_v_US___Rasul_v_Bush_CJA_Amicus_SCOTUS.pdf~~ A STRONG, INDEPENDENT JUDICIARY IS ESSENTIAL TO THE PROTECTION OF INDIVIDUAL FREEDOMS AND AND played in this country. Also at stake are the freedoms that many in emerging democracies around the globe seek to ensure for their peoples.
Democracy solves war – norms spread through the judiciary cause global peace
Kersch 6, Assistant Professor of Politics ~2006, Ken I. Kersch, Assistant Professor of Politics, Princeton University. B.A., Williams; J.D., Northwestern; Ph.D., Cornell. Thanks to the Social Philosophy and Policy Center at Bowling Green State University, where I was a visiting research scholar in the fall of 2005, and to the organizers of, and my fellow participants in, the Albany Law School Symposium, Albany Law School, "The Supreme Court and international relations theory.", http://www.thefreelibrary.com/The+Supreme+Court+and+international+relations+theory.-a0151714294~~ Liberal theories of international relations hold that international peace and prosperity are advanced to the AND . The liberal foreign policy outlook will thus fortify them against contemporary criticism.
Iraq is looking to the US, strong defense of habeas is key to establish lasting democracy
Scharf et al 9, PILPG Managing Director ~Professor Michael P. Scharf is the PILPG Managing Director, John Deaver Drinko — Baker 26 Hostetler Professor of Law and Director of the Frederick K. Cox International Law Center at the Case Western Reserve University School of Law, "BRIEF OF THE PUBLIC INTERNATIONAL LAW 26 POLICY GROUP AS AMICUS CURIAE IN SUPPORT OF PETITIONERS", www.americanbar.org/content/dam/aba/publishing/preview/publiced_preview_briefs_pdfs_09_10_08_1234_PetitionerAmCuPILPG.authcheckdam.pdf-http://www.americanbar.org/content/dam/aba/publishing/preview/publiced_preview_briefs_pdfs_09_10_08_1234_PetitionerAmCuPILPG.authcheckdam.pdf~~ As the foregoing examples illustrate, foreign governments rely on the precedent set by the AND upholds the rule of law, foreign judges are more likely to follow.
Strengthened judicial independence is key to solve backsliding – addresses alt causes
Pimental and Anderson 13, Associate and Assistant Professors of Law ~June 2013, David Pimentel is Visiting Associate Professor of Law, Ohio Northern University; Brian Anderson is a Reference Librarian and Assistant Professor, also at Ohio Northern University, "Judicial Independence in Post-Conflict Iraq: Establishing the Rule of Law in an Islamic Constitutional Democracy", http://works.bepress.com/cgi/viewcontent.cgi?article=101326context=david_pimentel~~ Contemporary Iraq is facing the full range of challenges that come with post-conflict AND vigilante score-settling that signals the breakdown of the Rule of Law.
Global nuclear war
Morgan 7 (Former member of the British Labour Party Executive Committee, 3/4, "Better another Taliban Afghanistan, than a Taliban NUCLEAR Pakistan21?" http://www.electricarticles.com/display.aspx?id=639) The nightmare that is now Iraq would take on gothic proportions across the continent. AND in a new Cold War with China and Russia pitted against the US.
1AC
Perception of habeas rights is key to US soft power—court action is key
Sidhu 11 ~2011, Dawinder S. Sidhu, J.D., The George Washington University; M.A., Johns Hopkins University; B.A., University of Pennsylvania, Judicial Review as Soft Power: How the Courts Can Help Us Win the Post-9/11 Conflict", NATIONAL SECURITY LAW BRIEF, Vol. 1, Issue 1 http://digitalcommons.wcl.american.edu/cgi/viewcontent.cgi?article=100326context=nslb~~ The "Great Wall" The writ of habeas corpus enables an individual to challenge AND unique and modern circumstances of the post-9/11 con? ict.
Legitimacy key to make US leadership durable and effective—only judicial action solves
Knowles 9 ~Spring, 2009, Robert Knowles is a Acting Assistant Professor, New York University School of Law, "American Hegemony and the Foreign Affairs Constitution", ARIZONA STATE LAW JOURNAL, 41 Ariz. St. L.J. 87~ American unipolarity has created a challenge for realists. Unipolarity was thought to be inherently AND the same project that the courts constantly grapple with in adjudicating domestic disputes.
US legitimacy is k2 institutional resilience – solves great power war
Kromah 9, Masters Student in IR ~February 2009, Lamii Moivi Kromah at the Department of International Relations University of the Witwatersrand, "The Institutional Nature of U.S. Hegemony: Post 9/11", http://wiredspace.wits.ac.za/bitstream/handle/10539/7301/MARR2009.pdf?sequence=1~~ A final major gain to the United States from the benevolent hegemony has perhaps been AND to facilitate its ability to extract contributions from other members of the system.
The right to habeas is comparatively more important for hegemony than executive flexibility
Knowles 9 ~Spring, 2009, Robert Knowles is a Acting Assistant Professor, New York University School of Law, "American Hegemony and the Foreign Affairs Constitution", ARIZONA STATE LAW JOURNAL, 41 Ariz. St. L.J. 87~ The Bush Administration’s detainee policy made clear that - due to America’s power - the AND and reinforces the sense that our constitutional values reflect universal human rights. n449
Statistical evidence shows US policy towards indefinite detention is both necessary and sufficient
Welsh 11, J.D. from University of Utah and Doctoral student ~March, 2011, David Welsh has a J.D. from the University of Utah. He is currently a doctoral student in the Eller School of Business at the University of Arizona where his research focuses on organizational fairness and ethics, "Procedural Justice Post-9/11: The Effects of Procedurally Unfair Treatment of Detainees on Perceptions of Global Legitimacy", 9 U.N.H. L. Rev. 261~ Today, many individuals throughout the world question whether the United States has engaged in AND with the unique procedural issues created by a growing number of suspected terrorists.
Plan
The United States federal judiciary should provide trials with a preponderance of the evidence standard for individuals in military indefinite detention.
9/11 created a unique opening for the expansion of presidential war powers - the rhetorical frame "war on terror" strips complexity from non-state violence, imposing a friend/enemy framework that makes deliberation impossible - the result is an approach to non-state violence that makes diplomacy and global cooperation impossible, making future attacks inevitable
Meierhenrich 6 – PhD, Assistant Professor of Government and of Social Studies @ Harvard Jens, 2-3-06, "Analogies at War" Journal of Conflict and Security Law Volume 11, Issue 1 The President embraced his real identity as commander-in-chief and simultaneously constructed AND so producing a form of sovereign power in these acts of suspension.153
Indefinite detention represents the most extreme end-point of presidential tyranny - it submits prisoners to the pure force of the law, rendering them objects without status to contest their treatment - allowing indefinite detention to continue leaves the law useless as a mere instrument of violence
Loizidou 7 – Lecturer in the School of Law, Birkbeck College Elena, 2007, "Judith Butler: ethics, law, and politics" p. 114-116 This new coalition between governmental and sovereign power, as Butler suggests earlier in the AND to understand on what grounds and conditions some lives are deemed bare life.
Deliberation and democracy are impossible if the president can use the war on terrorism to detain individuals without right of redress - only attacking indefinite detention directly can end the ceaseless militarization of everyday life
Butler 4 – PhD, Hannah Arendt Professor of Philosophy at the European Graduate School Judith, 2004, "Precarious Life: The Powers of Mourning and Violence" p. 63-8 We might, and should, object that rights are being suspended indefinitely, and AND , even as one’s situation is highly, if not fatally, politicized.
The power to indefinitely detain creates a public life that denies the face of the Other - that produces a culture of violence and maintains national identity through aggressive, adversarial relationships
Butler 4 – PhD, Hannah Arendt Professor of Philosophy at the European Graduate School Judith, 2004, "Precarious Life: The Powers of Mourning and Violence" p. xvii-xix "Precarious Life" approaches the question of a non-violent ethics, one AND less permanent war, not all forms of mourning lead to that conclusion.
The impact is serial policy failure and annihilation - the enemies the war on terror seeks to overcome are PRODUCED by indefinite detention’s denial of the Other’s face - failure to ethically account for Others pushes them outside society and demands escalation from them
Butler 4 – PhD, Hannah Arendt Professor of Philosophy at the European Graduate School Judith, 2004, "Precarious Life: The Powers of Mourning and Violence" p. 88-94 The fact that these prisoners are seen as pure vessels of violence, as Rumsfeld AND or innocence, and whether the death penalty ought¶ to be applied.
We must seize back the law from presidential tyranny - the aff is a call for self-determination that fights against expansion of sovereignty and militarization of everyday life - even if the law is flawed, the alternative is global expansion of indefinite detention policy
Butler 4 – PhD, Hannah Arendt Professor of Philosophy at the European Graduate School Judith, 2004, "Precarious Life: The Powers of Mourning and Violence" p. 97-100 Although I cannot within the confines of the present analysis consider the various historical ramifications AND radically imperiled, if not, for the time being, indefinitely foreclosed.
Thus the plan: The United States federal government should increase judicial restrictions on the war powers authority of the President of the United States in the area of indefinite detention by offering trials to individuals in indefinite detention.
The aff is a strategy for limiting US force of law globally - refusing indefinite detention accepts American vulnerability and dismantles narratives of legal exceptionalism - its key to limit global expansion of US force of law
Brassett 8 – PhD, Director of Graduate Studies in PAIS @ University of Warwick James, October 2008, "COSMOPOLITANISM VS. TERRORISM? DISCOURSES OF ETHICAL POSSIBILITY BEFORE, AND AFTER 7/7" http://wrap.warwick.ac.uk/1856/1/WRAP_Brassett_25208.pdf However, for writers in a long tradition of thought that may be termed post AND entered into a strong circumstantial¶ and discursive relation with 7/7.
The impact is massive global violence - US legal exceptionalism produces the illusion of the US as immortal and at the end of history - this fiction can only be upheld by globally reducing the life expectancy of all those others who refuse our way of life - only the aff’s use of vulnerability can dismantle forced conditions of extermination
Peterson ’7 (Christopher, Lecturer @ University of Western Sidney, Kindred Specters: Death, Mourning, and American Affinity, pgs. 3-8) While this study accords with the claim that American culture disavows mortality, 1 do AND may be attained only as an exception" (67, his emphasis).
War on Terror policies renew state based racism creating new demonized mythologies of Muslim others
The aff is a key moment of imagination - we recognize the advocacy is not sufficient to dismantle exceptionalism - however, the aff gestures towards creation of a New International where a new, global condition of vulnerability prevails between states, diffusing US exceptionalism
Caputo ’97 (John D., David R. Cook Professor of Philosophy Emeritus at Villanova University, Deconstruction in a Nutshell: A Conversation with Jacques Derrida, pgs. 116-120) This is not to say that Derrida lacks a concept of history—a common AND species (animal rights)—in a nutshell, by their "difference."
In the final analysis, there is no clear fallback position for supporters of the AND , are found not in statute, but in report language accompanying statutes.
It undermines US legitimacy—shifts the spotlight to the constitutional convention
Schiafly 99 ~May 1999, The Schiafly Report, Vol 29 No 10, http://www.eagleforum.org/psr/1996/may96/psrmay96.html~~ Most of us have watched a Republican National Convention or a Democratic National Convention on AND Constitution a "miracle". We can’t count on a miracle happening again.
The CP destroys credible judicial review
Sullivan 96, Professor of Law ~January, 1996, Kathleen M. Sullivan, Professor of Law, Stanford University, "CONSTITUTIONAL CONSTANCY: WHY CONGRESS SHOULD CURE ITSELF OF AMENDMENT FEVER", 17 Cardozo L. Rev. 691~ How have we managed to survive over two hundred years of social and technological change AND only four times in order to overrule the Supreme Court is worth remembering.
The CP doesn’t do anything
Strauss, Law Prof at Chicago, 01 114 Harv. L. Rev. 1457
One final implication is the most practical of all. If amendments are in fact AND democracy, as the result of a formal amendment adopted by a supermajority.
Amendments are uniquely at risk for narrow interpretation by the Supreme Court
Segal, Poli Sci Prof at SUNY Stony Brok, 02 The Supreme Court and the Attitudinal Model Revisited, Pg. 5-6
If action by Congress to undo the Court’s interpretation of one of its laws does AND though its construction deviates appreciably from the language or purpose of the amendment.
Constitutional amendments creates legal instability and undermines rights protections
MOSCOW, January 24 - RAPSI. The tendency in Russia to "immediately" AND every year. I personally advocate stability in the law," Fedotov said.
2AC PQD DA
Deference on questions of executive war authority is a myth – the court has never adopted that practice and the Zivotofsky ruling is the death knell
Skinner 8/23, Professor of Law at Willamette (13, Gwynne, Misunderstood, Misconstrued, and Now Clearly Dead: The ’Political Question Doctrine’ in Cases Arising in the Context of Foreign Affairs, papers.ssrn.com/sol3/papers.cfm?abstract_id=2315237) Lower federal courts often erroneously cite the "political question doctrine" to dismiss as AND President in the area of foreign affairs rather than finding the claim nonjusticiable.
Multiple detention cases prove there’s no court deference on issues of war powers authority
Skinner 8/23, Professor of Law at Willamette (13, Gwynne, Misunderstood, Misconstrued, and Now Clearly Dead: The ’Political Question Doctrine’ in Cases Arising in the Context of Foreign Affairs, papers.ssrn.com/sol3/papers.cfm?abstract_id=2315237) RECENT SUPREME COURT CASE LAW HAS SOUNDED THE DEATH KNELL FOR THE "POLITICAL QUESTION AND the President, not this Court, say "what the law is.
facts
There is no impact to the legal contradictions argument. Schlag is right that there are contradictions in the law but is wrong about what that means. Contradictions create new synthesis—allowing for the positive evolution of the law.
Carlson ’99 (Professor, Cardozo School of Law,Columbia Law Review, David Gray, 99 Colum. L. Rev. 1908). Schlag offers this critique of the law’s inability to withstand its internal contradiction: This AND ever marginally ahead of it - precisely the opposite of what Schlag contends.
Alt doesn’t solve—the law is the necessary framework for these challenges to take place and can remedy issues with the political process
Cole 2011 - Professor, Georgetown University Law Center (Winter, David, "WHERE LIBERTY LIES: CIVIL SOCIETY AND INDIVIDUAL RIGHTS AFTER 9/11," 57 Wayne L. Rev. 1203, Lexis)
Unlike the majoritarian electoral politics Posner and Vermeule imagine, the work of civil society AND litigation’s outcome, which in turn contributed to a broader impetus for reform.
Scenario construction is critical to policymaking—solves your error replication and serial policy failure arguments
Oppenheimer 12 – Prof of Global Affairs@NYU Graduate Global Affairs Program, lifetime member CFR Michael F. Oppenheimer, "From Prediction to Recognition: Using Alternate Scenarios to Improve Foreign Policy Decisions", in SAIS Review, v 32 n 1, 2012, MUSE Considering alternate scenarios can be of value to policymakers confronting rapid change, uncertainty, AND improve the quality of foreign policy decisions taken, inevitably, in uncertainty.
2ac k
Case Outweighs -
Our framework is that the alternative should be judged on the efficacy of its response to existing institutional practices—the international order is inevitable—it is just a question of its effectiveness
Governments’ obey institutional logics that exist independently of individuals and constrain decisionmaking – that’s true regardless of this debate
Wight – Professor of IR @ University of Sydney – 6 (Colin, Agents, Structures and International Relations: Politics as Ontology, pgs. 48-50 One important aspect of this relational ontology is that these relations constitute our identity as AND upon it, upon its specific characteristics, its constants and its variables’.
Perm: do both—solves the links to the aff
Perm- do both.
View the alternative as a corrective for why the aff didn’t focus on animals—the reduction of bare life is the same process that is used to commit violence against animals—proves our strategy is inclusive—that’s key
Barry 99 –Lecturer in Politics John Barry, Lecturer in Politics @ Keele, 1999, Rethinking Green politics, pg. 7-8 Ecological stewardship, unlike ecocentrism, seeks to emphasize that a self-reflexive, AND developing an appropriate and practicable moral idiom to cover social-environmental interaction.
perm do the plan and all non-mutually exclusive parts of the alternative
We get to weigh the aff – k2 fairness, anything else moots the 1ac.
Lack of capital T truth doesn’t dent the necessity of logic and data. Incomplete knowledge is still useful.
Sil ’2k Rudra Sil, assistance professor of Political Science @ the University of Pennsylvania. "Beyond boundaries?: disciplines, paradigms, and theoretical integration in International Studies. 2001. P. 161. In the end, there may be no alternative to relying on the judgment of AND in validating propositions by scholars embracing all but the most extreme epistemological positions.
Double bind – either human-centric value is inevitable or its key to consideration for any ethical system – benchmark is key
Hayward 97 ~PhD, Department of Politics at Edinburgh University, "Anthropocentrism: a Misunderstood Problem", Environmental Values~ But if the project of overcoming speciesism can be pursued with some expectation of success AND , I believe, be committed in any attempt to expunge anthropocentrism altogether.
Preventing human extinction is necessary in an eco-centric framework
Baum 9 – PhD @ Penn State University Sean Baum, PhD @ Penn State University, 2009, "Costebenefit analysis of space exploration: Some ethical considerations," Space Policy, Vol. 25, Science Direct It is of note that the priority of reducing the risk of human extinction persists AND , and thus human survival is necessary for Earth life to transcend oblivion.
Claims of Root Causality are Grounded in Deterministic Theories That Preclude Effective Solutions
We should evaluate consequences—alt is moral absolutism that causes evil
Isaac ’2—Professor of Political Science at Indiana-Bloomington Jeffery C., Director of the Center for the Study of Democracy and Public Life, PhD from Yale Dissent Magazine, Vol. 49, Iss. 2, "Ends, Means, and Politics," p. Proquest. As a result, the most important political questions are simply not asked. It AND not true believers. It promotes arrogance. And it undermines political effectiveness.
scientific data proves only humans have the capacity for abstract reasoning and cognition of emotional states
Povinelli and Bering 2 - * Prof. Cognitive. Science @ U. Louisiana, Prof. Psych. @ U. Arkansas Daniel, and Jesse, Current Directions in Psychological Science, "The Mentality of Apes Revisited", 11:4, Blackwell-Synergy Evidence that human evolution was marked by the emergence of novel mental abilities is beginning AND constructed from the perceptual invariants that are readily detectable by the sensory systems.
The Courts.—The courts constrain the Executive, both because courts are necessary to AND of law, including law defined as what a court will likely order.
Obama is shifting on drones now—indefinite detention key to legitimacy
David Corn 13, Mother Jones’ Washington bureau chief, "Obama’s Counterterrorism Speech: A Pivot Point on Drones and More?", May 23, www.motherjones.com/mojo/2013/05/obama-speech-drones-civil-liberties In recent years, conservative and liberal reaction to President Barack Obama’s national security policies AND 11 period. That journey, though, may be a long one.
International actors care more about detention than drones for legitimacy
John Bellinger 13, partner in the international and national security law practices at Arnold 26 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 observations — and one of the first times I have AND criticism will snowball and, if so, how the Administration will respond.
2AC HIRA
Perm: do the counterplan
1. It’s not severance- certainty and immediacy aren’t mandates of the plan- they’re just assumptions of normal means
a) If they say yes, the counterplan is resolved too b) Should means desirable or recommended, not mandatory Words and Phrases 2 Words and Phrases: Permanent Edition" Vol. 39 Set to Signed. Pub. By Thomson West. P. 372-373 Or. 1952. Where safety regulation for sawmill industry providing that a two by AND 2d 839, 193 Or. 556. —-Labor 26 Emp. 2857
Permutation do the counterplan—It’s textually and functionally plan plus
Congress will rollback- president won’t protect or it links to politics
Rodriguez ’10 Christina Rodriguez, Professor of Law at NYU, Duke Law Journal, "Constraint Through Delegation: The Case of Executive Control Over Immigration Policy," 2010 If the president controls an agency, the agency’s rules are likely to be in AND overturn agency regulations is less likely to be met with a presidential veto.
The counterplan undercuts accountability to the public
Rodriguez ’10 Christina Rodriguez, Professor of Law at NYU, Duke Law Journal, "Constraint Through Delegation: The Case of Executive Control Over Immigration Policy," 2010 But even if delegation successfully introduces greater flexibility into the system, policymakers must still AND -law values that require more than appealing to the public’s immediate preferences.
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 directly tradeoff 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 Obama is considering the creation of a national security court AND Malaysia, and South Africa have diminished freedoms for society as a whole."
NSCs fail – Make worse decisions and become rubber stamps
Baum 9 (Lawrence, Professor of Political Science, Ohio State University, "SPECIAL SYMPOSIUM ISSUE MEASURING JUDGES AND JUSTICE: RESPONSE: PROBING THE EFFECTS OF JUDICIAL SPECIALIZATION", Duke Law Journal, 58 Duke L.J. 1667, Lexis) In his classic book on bureaucracy, Anthony Downs cites insularity as another effect of AND the outcomes might not be much different because of the statutory rules. n45
Criminal trials solve better, and NSCs devastate rule of law and due process
—-traditional processes are effective – over 150 previous terror trials in the criminal system prove —-sending suspected terrorists to a different system pre-supposes 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 AND be the basis for abandoning these fundamental tenets of justice and ¶ fairness.
Detention creates sympathizers and prevents vital intel cooperation
Roth 8 Kenneth, former federal prosecutor, Executive Director of Human Rights Watch, "After Guantanamo: The Case Against Preventative Detention," Foreign Affairs, Vol. 87, No. 3 (May - June, 2008), pp. 9-16 Preventive detention also discourages citizens from cooperating with counter terrorist investigations, a crucial factor AND , policies such as preventive detention jeopardize this vitally important source of intelligence.
2ac CIR
Won’t lead to their impacts – it’s alarmism, governments have a means to correct, factually incorrect
====No econ impact==== Jervis 11 – Professor of Political Science @ Columbia Robert, Professor in the Department of Political Science and School of International and Public Affairs at Columbia University, December 2011, "Force in Our Times," Survival, Vol. 25, No. 4, p. 403-425 Even if war is still seen as evil, the security community could be dissolved AND times bring about greater economic conflict, it will not make war thinkable.
2008 disproves econ impacts
No immigration reform AND if it passes, it won’t be enough to solve the impacts
Stimson 9 ~09/25/09, Cully Stimson is a senior legal fellow at the Heritage Foundation and an instructor at the Naval Justice School former American career appointee at the Pentagon. Stimson was the Deputy Assistant Secretary of Defense for Detainee Affairs., "Punting National Security To The Judiciary", http://blog.heritage.org/2009/09/25/punting-national-security-to-the-judiciary/~~ So what is really going on here? To those of us who have either AND the administration close Gitmo without taking the heat for actually releasing detainees themselves.
Democratization is essential to the advance of human rights
Sharansky 4 Nathan Sharansky, Israel’s Minister for Jerusalem and Diaspora Affairs and former Soviet dissident, 2004, The Case for Democracy, p. 205 In the post 9/11 world, many democratic governments now have a better appreciation of how difficult it can be to find the appropriate balance between providing maximum secu¬rity to your citizens and protecting human rights. In debat¬ing issues like the Patriot Act or the rights granted to prisoners at Guantanamo Bay, Americans are confronting a dilemma that Israel has faced since the day it was estab¬lished. Human rights violations can and do take place in demo¬cratic societies. But one of AND only further proof that human rights can only be protected in demo¬cratic societies.
Democracy is key to environmental protection
Janicke 96 Martin Janicke, Professor of Comparative Policy and Head of the Research Unit for Environmental Policy at the Free University of Berlin, 1996, Democracy and the Environment, p. 71 That democracy in general is a better precondition for environmental policy than authoritarian rule is AND respect, be as important as civil rights or a competitive party system.
K
2ac FW For Sean
Framework: The Affirmative should win if the action of the plan is preferable to the status quo or a realistically achievable political alternative. The negative’s interp is self-serving and arbitrary.
Weighing the affirmative is key to fairness– the 1AC is the source of all 2AC offense, most important speech; there are thousands of ways to question our pedagogy, another interp justifies PICing out of one word in the 1AC – that’s infinitely regressive.
Clash disad – rejection of structured clash makes debate into an echo chamber. This impoverishes their arguments even if it is right—robs the value of any knowledge they produce
Talisse 5—Professor of Philosophy @Vandy Robert, Philosophy 26 Social Criticism, Deliberativist responses to activist challenges, 31(4) p. 429-431 The argument thus far might appear to turn exclusively upon different conceptions of what reasonableness AND of justice. Insofar as the activist denies this, he is unreasonable.
Any claims to the mutual exclusivity of their description of the world and ours, or to "Win the Debate" by proving their epistemology is the one true and correct methodology are attempts to re-inscribe the colonial logic of objectivity without parenthesis. All of their link arguments stem from the fact that their epistemology is superior to ours which ultimately only serves to reinscribe colonial epistemologies upon the debate space.
Mignolo, Argentine semiotician and professor at Duke University, 2011 (Walter D., The Darker Side of Western Modernity: global futures, decolonial options)
The argument I’m working on builds on the distinction already mentioned¶ above, made AND become aware of the regional and limited scope of liberal political¶ pluralism."
Case o.w.
Death is the ultimate evil – it obliterates metaphysics and ontology – it’s the highest ethical priority
Paterson 3 - Department of Philosophy, Providence College, Rhode Island Craig, "A Life Not Worth Living?", Studies in Christian Ethics, SAGE Contrary to those accounts, I would argue that it is death per se that AND destroy the person, the very source and condition of all human possibility.
Bostrom 12 (Nick, Professor of Philosophy at Oxford, directs Oxford’s Future of Humanity Institute and winner of the Gannon Award, Interview with Ross Andersen, correspondent at The Atlantic, 3/6, "We’re Underestimating the Risk of Human Extinction", http://www.theatlantic.com/technology/archive/2012/03/were-underestimating-the-risk-of-human-extinction/253821/-http://www.theatlantic.com/technology/archive/2012/03/were-underestimating-the-risk-of-human-extinction/253821/) Bostrom, who directs Oxford’s Future of Humanity Institute, has argued over the course AND that he expects to grow in number and potency over the next century. Despite his concerns about the risks posed to humans by technological progress, Bostrom is AND , and about what we can do to make sure we outlast them. Some have argued that we ought to be directing our resources toward humanity’s existing problems AND eliminating poverty or curing malaria, which would be tremendous under ordinary standards.
We should evaluate consequences—alt is moral absolutism that causes evil
Isaac ’2—Professor of Political Science at Indiana-Bloomington Jeffery C., Director of the Center for the Study of Democracy and Public Life, PhD from Yale Dissent Magazine, Vol. 49, Iss. 2, "Ends, Means, and Politics," p. Proquest. As a result, the most important political questions are simply not asked. It AND not true believers. It promotes arrogance. And it undermines political effectiveness.
Modernity
No alt solvency: their explanation of modern/coloniality locks subjects in with NO ESCAPE—at the same time, there’s warrant for their assertions about colonial subjectivity
Grossberg (Distinguished Professor of Communication Studies and Cultural Studies, and Adjunct Distinguished Professor of American Studies, Anthropology, and Geography at the University of North Carolina) 10 (Lawrence, Cultural Studies in the Future Tense, pg. 265-66)
This exteriority is, it seems to me, further compromised by the assumption that AND that opens the possibilities not of going back but of imagining new futures.
But the excluded, subalternized other is never outside of modernity, since it is AND ) open up the multiplicity of modernities as well as alternatives to modernity?
AT: Root Cause
Claims of Root Causality are Silly Oversimplifications That Explain Nothing
To put the term Red Pedagogy into perspective, the¶ author provides a discussion AND , Department of Native¶ American Studies, University of California, Davis.
Epistemology Defense
Our aff is true — Epistemology doesn’t come first – they must disprove our substantive claims – also self-correction solves their impacts.
As long ago as 1981, Yale Ferguson and Richard Mansbach effectively laid the influence AND , ought to be what divide the community of international relations scholars today.
Their arg that ONLY personal experience determines the validity of arguments stifles dialogue and is reductionist—we will defend the basis for our claims and bracketing them out means adv is a DA
Bridges 01 David Bridges, Centre for Applied Research in Education, University of East Anglia, 2001, The Ethics of Outsider Research, Journal of Philosophy of Education, Vol. 35, No. 3 First, it is argued that only those who have shared in, and have AND from disempowered communities and it is to this that I shall now turn.
State Reformism Possible
Their pessimist narrative is ahistorical and limits future progress. The US is racially progressive – substantial progress disproves that anti-blackness requires a revolution
Currie 8 - managing editor of THE AMERICAN Duncan, Speechwriter and Policy Advisor in U.S. Senate Washington D.C. Metro Area | Government Administration Current: Speechwriter and Policy Advisor, Office of Senator John Cornyn at United States Senate Past: Editorial Director at The George W. Bush Institute, Deputy Managing Editor at National Review, Education: Harvard University, http://www.american.com/archive/2008/november-11-08/the-long-march-of-racial-progress/ Measuring racial progress is all about perspective. Since Appomattox, the struggle for racial AND , about 14 percent of young black husbands were married to white women."
Exclusive focus on the negative aspects of American laws obscures the legislative progress made – destroys possibility for progressive national politics
Delgado and Farber 1998 Richard Delgado is a law professor at the University of Colorado. Daniel Farber is a law professor at the University of Minnesota law school. "Is American law inherently racist", Berkeley Law Scholarship Repository. 1-1-1998. I disagree with that for reasons that I will hopefully make clear. I think AND in white attitudes over that period in a more favorable and tolerant direction.
Abdicating political engagement creates a vacuum that will be filled by violent elites
Cook 92 Anthony, Associate Professor, Georgetown Law, New England LR, Spring, 26 New Eng.L. Rev. 751 The effect of deconstructing the power of the author to impose a fixed meaning on AND those who influence us through their eloquence, prestige, wealth and power.
State Good
Using the state is good – shouldn’t leave the tools of the colonizer out of the hands of the colonized and their view is overly totalizing and impossible to practice.
The State is inevitable and should not be rejected—solving global problems like nuclear war and environmental destruction require a recognition of state power and an attempt to transform it
Eckersly 4—Professor and Head of Political Science in the School of Social and Political Sciences, University of Melbourne, Australia Robyn, The Green State, p. 4-5 While acknowledging the basis for this antipathy toward the nation-state, and the AND is at least more conducive to ecological sustainability would seem to be compelling.
Retreat into some alternate social order is impossible without reforming and restraining the State – the plan is a prerequisite to their critical IR alternative.
Shaw ’1 Martin Shaw, Professor of IR and Politics at the University of Sussex. "The unfinished global revolution: intellectuals and the new politics of international relations". http://sro.sussex.ac.uk/1532/1/unfinished_revolution,_Martin_Shaw.pdf The mistakes in this passage are also twofold. First, the myth of globalization AND sustaining local democracies, we have hardly begun to fashion a new agenda.
Wm — The air force space command is part of the armed forces
Lloyd 99 Second Lieutenant Jeremy E. Lloyd¶ United States Air Force¶ Maryland School of Public AffairsHIGHER GROUND: GUIDELINES FOR THE AIR FORCE’S TRANSITION INTO¶ THE SPACE ENVIRONMENT An absence of true warrior spirit among space professionals will undoubtedly diminish the military performance of the air and space team that will be the future Air Force. Space operators, though crucial to modern military operations, work in a non-combative environment that will eventually sap their warrior ethos. Without this warrior-spirit, space operators loose the very thing that makes them part of the armed forces, distinguishing them from civilian space professionals. Not only will this alienate space operators from the more combative elements of the Air Force, but it will also destroy moral within the space community.
Counterinterp—Forces means missions US Defense Report 3 (RESOURCES ALLOCATED TO MISSION AND SUPPORT ACTIVITIES, http://www.iwar.org.uk/military/resources/us-defense-report/2003/14_Appendix_Resources_Allocated.pdf) Section 113(l) of Title 10, United States Code, requires the Department of Defense¶ (DoD) to identify resources allocated to mission and support activities in each of the five¶ preceding fiscal years. In response to that requirement, Appendix C provides year-byyear comparisons of: ¶ • DoD funding (in constant dollars) allocated to forces and infrastructure (Table ¶ C-1).1¶ *footnote inserted*
In this appendix, the term "forces" is synonymous with mission and the term "infrastructure" is synonymous with support. *footnote ended* • DoD manpower allocated to forces and infrastructure (Tables C-2 through C AND such as cryptologic activities, satellite ¶ communications, and airborne command posts. The space mission is explicit Yenca 12 – (Stephen, "Leaner Isn’t Meaner: An Analysis of the Administration’s Defense Cuts," TCC, http://thecollegeconservative.com/2012/01/10/leaner-isnt-meaner-an-analysis-of-the-administrations-defense-cuts/) According to Panetta’s document, the outlined missions of the U.S. armed forces include conducting disaster relief operations, providing a stabilizing presence, and operating effectively in cyberspace and space. These seem like lofty goals in a budgetary cut proposal to be initiated by an administration that has difficulty accomplishing anything without spending exorbitant amounts of money. Just five months ago, Panetta referred to these defense budget cuts as a "doomsday mechanism" that would endanger national security.
Armed Forces is determined by context
Dahinden 11 - Director, International Relations, Swiss Armed Forces, Bern; Council Member, International Institute of Humanitarian Law (Erwin, "Impact on military strategy, capability development and doctrine," p. 67) New technologies have fundamentally changed the planning process of ¶ armed forces, made the AND of engagement14 for the specific mission should be ¶ seen against this background.
Space is a hostility
Bourbonnière 11 – JD, Legal Counsel @ Canadian Space Agency (Michel, "Law, technology and the conduct of hostilities in space, p. 162) There were two asat (Anti-Satellite) tests in the past few years AND satellites is widely available and is not a ¶ complicated thing to do.
Prefer our interpretation
A) Limits— they overlimit – excludes tech affs – limits the topic to a war power that is already restricted hurts aff flex AND Prevents air force affs
B) Ground – only our interpretation allows for unique disads – the affs that they allow already have restrictions which means it would be impossible to generate offense
C) Education – WPR is outdated, 21st century warfare has changed the definition of "armed forces"
