Tournament: KSTATE | Round: 2 | Opponent: KCKCC JM | Judge: Alex Bonnet

UNT 1ac

Plan

The United States Federal Judiciary should reverse Al-Bihani and affirm through application of the Charming Betsy canon that treaties ratified by the United States are restrictions on the war power authority of the president.

Contention 1: Charming Betsy

The D.C. Circuit Has created massive uncertainty on the binding applicability of treaty law in court interpretations

In a 2-1 decision in Al-Bihani v Obama, the D.C. panel — ignored the stance of the Executive, the Congress and the Supreme Court on how International Treaty Law should be applied

Waring 12
CHRISTINE WARING J.D., Georgetown University Law Center, expected 2012; B.A., Elliott School of International Affairs at The George Washington University, 2007. Spring, 2012 Georgetown Journal of International Law 43 Geo. J. Int’l L. 927
The court’s holding in Al-Bihani is troubling in several respects. First,
AND
on the MCA but rather should be informed by the laws of war. 

The ruling of prior precedent gives the prior panel ruling legal effect unless reversed by a higher court – it’s legally binding

Alstine 11
Michael P. Van Alstine , Prof of Law University of Maryland  Duke Law Journal,  U of Maryland Legal Studies Research Paper No. 2011-33  STARE DECISIS AND FOREIGN AFFAIRS http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1881137
It is a curious fact the Framers structured the Constitution precisely to protect against divergent
AND
of the foreign relations power to the national government in the first place." 

On appeal the D.C. En Banc ruling ducked the question and failed to affirm that treaty law can be a restriction on Presidential war power authority

Luban 10
David Luban is University Professor and Professor of Law and Philosophy at the Georgetown University Law Center¶ Opting out of the Law of War: Comments on Withdrawing from International Custom, 120 Yale. L.J. Online 151 (2010), http://yalelawjournal.org/2010/12/8/luban.html
¶ ¶ ¶ The law of war is the elephant in the room for any
AND
law of war—not only in legal doctrine but on the battlefield.

A subsequent panel decision has created a conflict of rulings in the circuit leading to complete confusion on the status of international law

Ashcroft-Smith 11
 Clifford Ashcroft-Smith, Attorney and Founding Partner of the law firm Ashcroft-Smith¶ What is the Customary Law of War or Does that Even Matter?¶ http://www.americanbar.org/content/dam/aba/publications/national_security_law_report/volume32_number3.authcheckdam.pdf
Since Al-Bihani, this area of law has become ¶ more confusing.
AND
for those on the front lines ¶ striving to preserve our national security. 

But subsequent panel decisions cannot reverse a prior panel

Duvall 08
Michael Duvall is an associate at Bryan Cave LLP and was a law clerk to the Honorable
Pasco M. Bowman, II, United States Court of Appeals for the Eighth Circuit, in Kansas City,
Missouri. Resolving Intra-Circuit Splits in the Federal Courts of Appeal, http://www.fclr.org/fclr/articles/html/2008/fedctslrev1.pdf
¶ Every federal court of appeals is authorized to decide cases using three-judge
AND
decision while¶ simultaneously following it as the law of the circuit.6

If not explicitly reversed the D.C. circuit ruling will have widespread effect unraveling treaty law in other contexts as well

Hathaway 10
Oona A. Hathaway is the Gerard C. and Bernice Latrobe Smith Professor of International Law and director of the Center for Global Legal Challenges at Yale Law School  BRIEF FOR NON-GOVERNMENTAL ORGANIZATIONS AND SCHOLARS AS AMICI CURIAE IN SUPPORT OF REHEARING OR REHEARING EN BANC http://prawfsblawg.blogs.com/files/al-bihani-amicus.pdf
3. The panel’s broad and inaccurate pronouncements on the applicability of the laws of
AND
, the damage caused by the panel opinion is likely to be widespread.

Despite the En Banc Circuit effort to treat the Al-Bihani panel ruling as dicta, the resulting confusion has changed how the federal judiciary is treating international treaty law

Waring 12
CHRISTINE WARING J.D., Georgetown University Law Center, expected 2012; B.A., Elliott School of International Affairs at The George Washington University, 2007. Spring, 2012 Georgetown Journal of International Law¶ 43 Geo. J. Int’l L. 927
¶ Al-Bihani’s Effect on Case Law ¶ ¶ The repercussions from Al-
AND
of command structure limit from the President’s detention authority. (173) ¶ 

Independently, The Al-Bihani decision reverses the Charming Betsy canon

Walsh 10
Cara Maureen Walsh J.D. Candidate 2010, Vanderbilt University Law School. Al-Bihani, Not So Charming October, 2010 Vanderbilt Journal of Transnational Law 43 Vand. J. Transnat’l L. 1151
B. The Court’s Legal Reasoning First, the appeals court panel found that international
AND
permits the President to detain anyone who had merely "supported" enemy forces

This is a unique judicial signal that cannot be corrected by legislation

Dehn 10
  ~Major John C. Dehn is an Assistant Professor in the Department of Law, US Military Academy, West Point, NY. He currently teaches International Law and Constitutional and Military Law. He is writing in his personal capacity and his views do not necessarily represent the views of the Department of Defense, the US Army, or the US Military Academy.~ The Relevance of International Law to (the Substantive and Procedural Rules of) Preventive Detention in Armed Conflict – A Rejoinder to Al-Bihanihttp://opiniojuris.org/2010/01/29/the-relevance-of-international-law-to-the-substantive-and-procedural-rules-of-preventive-detention-in-armed-conflict-E28093-a-rejoinder-to-al-bihani/
  The post-Boumediene habeas litigation has raised concerns regarding whether the courts are
AND
) expressly outlining executive detention authority in this or any other armed conflict. 

This reversal sends a dangerous signal that the judiciary cannot enforce international treaty law

Paust 12
Jordan J. Paust Mike 26 Teresa Baker Law Center Professor, University of Houston. Spring, 2012, Still Unlawful: The Obama Military Commissions, Supreme Court Holdings, and Deviant Dicta in the D.C. Circuit Cornell International Law Journal 45 Cornell Int’l L.J. 367
 IV. Shocking Errors and Deviant Dicta in the District of Columbia Circuit   Rarely
AND
values will be more effective if we refuse to cast those values aside.

Al-Bihani locks in a perception that the judiciary cannot enforce its international commitments and the U.S. can legally violate its international obligations

Tarnogorski 10
Rafa? Tarnogórski is an analyst for the Polish Institute of International Affairs
USA and Laws of War (Al-Bihani v. Obama)
http://www.isn.ethz.ch/Digital-Library/Publications/Detail/?ots591=0c54e3b3-1e9c-be1e-2c24-a6a8c706023326lng=en26id=112282
The significance of this appellate ruling extends beyond one specific case of a Yemeni petitioner
AND
.S. as a power given to opportunistic treatment of international standards.

Judicial treaty abrogations lead to backlash against the U.S.

Crootoff  11
Rebecca Crootof, J.D. Yale Law School
Judicious Influence: Non-Self-Executing Treaties and the Charming Betsy Canon (April 5, 2011). Yale Law Journal. Available at SSRN: http://ssrn.com/abstract=1803380
¶ Putting aside the domestic status of non-self-executing treaties, there
AND
canon, the remainder of this¶ Part does not distinguish between them.¶ 

Breakdown of the multilateral treaty compliance system risks nuclear escalation, great power war, and the collapse of arms control

Muller 2K
Dr. Harold Muller is the Director of the Peace Research Institute-Frankfurt and Professor of International Relations at Goethe University¶ Compliance Politics: A Critical Analysis of Multilateral Arms Control Treaty Enforcement¶ http://cns.miis.edu/npr/pdfs/72muell.pdf
Great Power Cooperation
A third very crucial condition is a sufficient commonality of interest and commitment among the
AND
from maintaining and strengthening the treaty when it is challenged by deviant behavior.

The impact is extinction

Muller 2K
Dr. Harold Muller is the Director of the Peace Research Institute-Frankfurt and Professor of International Relations at Goethe University¶ Compliance Politics: A Critical Analysis of Multilateral Arms Control Treaty Enforcement¶ http://cns.miis.edu/npr/pdfs/72muell.pdf
In this author’s view,3 at least four distinct missions continue to make arms control, disarmament, and non-proliferation agreements useful, even indispensable parts of a stable and reliable world security structure:
• As long as the risk of great power rivalry and competition exists—and
AND
are made empty shells by repeated breaches and a lack of effective enforcement.

Adherence to the Charming Betsy canon is critical to development of a global transnational judicial dialogue that assures commitments to treaties

Waters 07
Melissa A Waters Assistant Professor of Law, Washington 26 Lee Law School.
USING HUMAN RIGHTS TREATIES TO RESOLVE AMBIGUITY: THE ADVENT  OF A RIGHTS­CONSCIOUS CHARMING  BETSY CANON
http://www.victoria.ac.nz/law/research/publications/vuwlr/prev-issues/pdf/vol-38-2007/issue-2/using-human-rights-waters.pdf
One of the most significant developments in international law over the past decade has been
AND
statutes in such a manner that they would not violate either international treaties.

U.S. not applying judicial standards of treaties in detention spills over to destroy treaties generally

Legal Information Institute 7 (The Legal Information Institute is a public service of Cornell Law School. "Boumediene v. Bush (06-1195); Al Odah v. United States (06-1196)" December 5, 2007, http://www.law.cornell.edu/supct/cert/06-1195)
Amici for the detainees argue that international law entitles detainees to certain fundamental rights,
AND
the ICCPR and is therefore bound by these agreed-upon international obligations.

Judicial breaches will collapse the regime of existing treaties

Koplow 13
David A. Koplow is Professor of Law and Director of the Center for Applied Legal Studies ¶ at Georgetown University Law Center, Indisputable Violations: ¶ What Happens When the ¶ United States Unambiguously ¶ Breaches a Treaty? http://www.fletcherforum.org/wp-content/uploads/2013/02/Koplow_37-1.pdf
But that persistent flouting undermines the treaties—and by extension, it jeopardizes the
AND
still terrible for ¶ U.S. interests to disregard those mechanisms.

Courts are the key to treaty enforcement

Rogoff 06
Martin A. Rogoff Professor of Law, University of Maine School of Law.¶ MAINE LAW REVIEW¶ ~Vol. 58:2¶ APPLICATION OF TREATIES AND THE DECISIONS OF INTERNATIONAL TRIBUNALS IN THE UNITED STATES AND FRANCE: REFLECTIONS ON RECENT PRACTICE¶ http://www.mainelaw.maine.edu/academics/maine-law-review/pdf/vol58_2/vol58_me_l_rev_406.pdf
In recent years, with the growth of international treaty law and the increasing role
AND
or effectuate international law or the decisions of international tribunals in specific cases.
As a legal matter, international law mandates that a state that has assumed an
AND
its international legal obligations is a matter for the state itself to determine.

The Montreal Protocol faces a new enforcement crisis if it is to continue to be effective

Grabiel 26 Comerford 13
Danielle Fest Grabiel, IGSD Law Fellow, and Ms. Lia Comerford, IGSD Law Clerk¶ Enforcement Strategies for ¶ Combating the Illegal Trade¶ in HCfCs and Methyl Bromide¶ http://inece.org/wp-content/uploads/2013/06/Illegal_Trade_HCFCs_Methyl-Bromide.pdf
Last year the world celebrated the Protocol’s 25th anniversary and its remarkable success. Parties
AND
ever that enforcement officers are trained ¶ and prepared to effectively address smuggling.

Only maintaining effective treaty cooperation can prevent extinction

Gareau 13
Brian J. Gareau is an Assistant Professor of Sociology and International Studies at Boston College.
Whatever Happened to Ozone Layer Politics?
http://www.e-ir.info/2013/01/29/whatever-happened-to-ozone-layer-politics/
The Montreal Protocol on Substances that Depletes the Ozone Layer (1997) is arguably
AND
heightened environmental awareness, the Montreal Protocol entered its own moment of uncertainty.

Preservation of the Charming Betsy doctrine is vital to maintaining global commitments to international norms—independently solves conflict

Crootoff  11
Rebecca Crootof, J.D. Yale Law School
Judicious Influence: Non-Self-Executing Treaties and the Charming Betsy Canon (April 5, 2011). Yale Law Journal. Available at SSRN: http://ssrn.com/abstract=1803380
 The Charming Betsy Canon Encourages Domestic Courts’ Engagement with International Agreements and International Adoption
AND
values. See Waters, supra note 159, at 555-59. 

The Montreal Protocol’s phaseout of HFC’s and HCFC’s is at risk and the U.S. is trying to lead efforts to strengthen it

US-EPA 12
U.S. Environmental Protection Agency¶ June 2012¶ 2¶ Benefits of Addressing HFCs under the Montreal Protocol¶ June 2012 http://www.epa.gov/ozone/downloads/Benefits20of20Addressing20HFCs20Under20the20Montreal20Protocol,20June202012.pdf
The Montreal Protocol has been an unparalleled environmental success story. It is the only
AND
long-term. Table 10 displays the projected benefits from the Amendment.

Tournament: KSTATE | Round: 3 | Opponent: Lindenwood NW | Judge: Allusp

UNT 1ac

Plan

The United States Federal Judiciary should reverse Al-Bihani and affirm through application of the Charming Betsy canon that treaties ratified by the United States are restrictions on the war power authority of the president.

Contention 1: Charming Betsy

The D.C. Circuit Has created massive uncertainty on the binding applicability of treaty law in court interpretations

In a 2-1 decision in Al-Bihani v Obama, the D.C. panel — ignored the stance of the Executive, the Congress and the Supreme Court on how International Treaty Law should be applied

Waring 12
CHRISTINE WARING J.D., Georgetown University Law Center, expected 2012; B.A., Elliott School of International Affairs at The George Washington University, 2007. Spring, 2012 Georgetown Journal of International Law 43 Geo. J. Int’l L. 927
The court’s holding in Al-Bihani is troubling in several respects. First,
AND
on the MCA but rather should be informed by the laws of war. 

it’s legally binding

Alstine 11
Michael P. Van Alstine , Prof of Law University of Maryland  Duke Law Journal,  U of Maryland Legal Studies Research Paper No. 2011-33  STARE DECISIS AND FOREIGN AFFAIRS http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1881137
It is a curious fact the Framers structured the Constitution precisely to protect against divergent
AND
of the foreign relations power to the national government in the first place." 

If not explicitly reversed the D.C. circuit ruling will have widespread effect unraveling treaty law in other contexts as well

Hathaway 10
Oona A. Hathaway is the Gerard C. and Bernice Latrobe Smith Professor of International Law and director of the Center for Global Legal Challenges at Yale Law School  BRIEF FOR NON-GOVERNMENTAL ORGANIZATIONS AND SCHOLARS AS AMICI CURIAE IN SUPPORT OF REHEARING OR REHEARING EN BANC http://prawfsblawg.blogs.com/files/al-bihani-amicus.pdf
3. The panel’s broad and inaccurate pronouncements on the applicability of the laws of
AND
, the damage caused by the panel opinion is likely to be widespread.

Despite the En Banc Circuit effort to treat the Al-Bihani panel ruling as dicta, the resulting confusion has changed how the federal judiciary is treating international treaty law

Waring 12
CHRISTINE WARING J.D., Georgetown University Law Center, expected 2012; B.A., Elliott School of International Affairs at The George Washington University, 2007. Spring, 2012 Georgetown Journal of International Law¶ 43 Geo. J. Int’l L. 927
¶ Al-Bihani’s Effect on Case Law ¶ ¶ The repercussions from Al-
AND
of command structure limit from the President’s detention authority. (173) ¶ 

Independently, The Al-Bihani decision reverses the Charming Betsy canon

Walsh 10
Cara Maureen Walsh J.D. Candidate 2010, Vanderbilt University Law School. Al-Bihani, Not So Charming October, 2010 Vanderbilt Journal of Transnational Law 43 Vand. J. Transnat’l L. 1151
B. The Court’s Legal Reasoning First, the appeals court panel found that international
AND
permits the President to detain anyone who had merely "supported" enemy forces

This is a unique judicial signal that cannot be corrected by legislation

Dehn 10
  ~Major John C. Dehn is an Assistant Professor in the Department of Law, US Military Academy, West Point, NY. He currently teaches International Law and Constitutional and Military Law. He is writing in his personal capacity and his views do not necessarily represent the views of the Department of Defense, the US Army, or the US Military Academy.~ The Relevance of International Law to (the Substantive and Procedural Rules of) Preventive Detention in Armed Conflict – A Rejoinder to Al-Bihanihttp://opiniojuris.org/2010/01/29/the-relevance-of-international-law-to-the-substantive-and-procedural-rules-of-preventive-detention-in-armed-conflict-E28093-a-rejoinder-to-al-bihani/
  The post-Boumediene habeas litigation has raised concerns regarding whether the courts are
AND
) expressly outlining executive detention authority in this or any other armed conflict. 

This reversal sends a dangerous signal that the judiciary cannot enforce international treaty law

Paust 12
Jordan J. Paust Mike 26 Teresa Baker Law Center Professor, University of Houston. Spring, 2012, Still Unlawful: The Obama Military Commissions, Supreme Court Holdings, and Deviant Dicta in the D.C. Circuit Cornell International Law Journal 45 Cornell Int’l L.J. 367
 IV. Shocking Errors and Deviant Dicta in the District of Columbia Circuit   Rarely
AND
values will be more effective if we refuse to cast those values aside.

Al-Bihani locks in a perception that the judiciary cannot enforce its international commitments and the U.S. can legally violate its international obligations

Tarnogorski 10
Rafa? Tarnogórski is an analyst for the Polish Institute of International Affairs
USA and Laws of War (Al-Bihani v. Obama)
http://www.isn.ethz.ch/Digital-Library/Publications/Detail/?ots591=0c54e3b3-1e9c-be1e-2c24-a6a8c706023326lng=en26id=112282
The significance of this appellate ruling extends beyond one specific case of a Yemeni petitioner
AND
.S. as a power given to opportunistic treatment of international standards.

Adherence to the Charming Betsy canon is critical to development of a global transnational judicial dialogue that assures commitments to treaties

Waters 07
Melissa A Waters Assistant Professor of Law, Washington 26 Lee Law School.
USING HUMAN RIGHTS TREATIES TO RESOLVE AMBIGUITY: THE ADVENT  OF A RIGHTS­CONSCIOUS CHARMING  BETSY CANON
http://www.victoria.ac.nz/law/research/publications/vuwlr/prev-issues/pdf/vol-38-2007/issue-2/using-human-rights-waters.pdf
One of the most significant developments in international law over the past decade has been
AND
statutes in such a manner that they would not violate either international treaties.

U.S. not applying judicial standards of treaties in detention spills over to destroy treaties generally

Legal Information Institute 7 (The Legal Information Institute is a public service of Cornell Law School. "Boumediene v. Bush (06-1195); Al Odah v. United States (06-1196)" December 5, 2007, http://www.law.cornell.edu/supct/cert/06-1195)
Amici for the detainees argue that international law entitles detainees to certain fundamental rights,
AND
the ICCPR and is therefore bound by these agreed-upon international obligations.

Courts will inevitably address climate change questions – applying Charming Betsy is key to developing effective solutions

Long 08
Andrew Long,Assistant Professor of Law, Florida Coastal School of Law.,  International Consensus and U.S. Climate Change Litigation, 33 Wm. 26 Mary Envtl. L.
26 Pol’y Rev. 177 (2008), http://scholarship.law.wm.edu/wmelpr/vol33/iss1/4
 How U.S. Courts Should Use International Climate Change Norms In the
AND
understanding of the judicial role in tackling the emerging law of climate change.   

Recognition of international treaty norms is key to U.S. leadership and effective global solutions to climate change

Long 08
Andrew Long,Assistant Professor of Law, Florida Coastal School of Law.,  International Consensus and U.S. Climate Change Litigation, 33 Wm. 26 Mary Envtl. L.
26 Pol’y Rev. 177 (2008), http://scholarship.law.wm.edu/wmelpr/vol33/iss1/4
 Advantages of Bringing International Norms into Domestic Climate Change Cases Although domestic U.
AND
, thereby, more significantly shape the future of the international climate regime.

====That’s key to effective reforestation efforts====
Reyer 9 - Faculty of Forest and Environment, University of Applied Sciences Eberswalde
(Climate change mitigation via afforestation, reforestation and deforestation avoidance and what about adaptation to environmental change?, http://www.pik-potsdam.de/members/reyer/reyer-et-al-climate-change-mitigation-via.pdf)
Climate change is affecting the world’s ecosystems and threatening the economic system, ¶ livelihoods
AND
¶ policy regulations are necessary, especially for the post-Kyoto process.

====Independently solves warming====
Gleeson et al 9
Jenny Gleeson, Applied Research and Development Branch Gary Nielsen, Southern Region Planning Unit Bill Parker, Ontario Forest Research Institute, "Carbon offsets from afforestation and the potential for landowner participation in Ontario", Climate Change Research Note, 2009, http://www.mnr.gov.on.ca/stdprodconsume/groups/lr/@mnr/@climatechange/documents/document/276916.pdf 

Climate change is perhaps the greatest environmental policy challenge of the 21st century. Recent warming of the climate system is now accepted to be "unequivocal" and "very likely" due to the observed increase in atmospheric concentrations of carbon dioxide (CO2 ) and other greenhouse gases (GHG) (IPCC 2007). In addition to the need for aggressive action to reduce fossil fuel consumption – the largest contributor to increases in GHGs in the atmosphere – a range of complementary activities can help to mitigate climate change by reducing emissions or sources of these gases, and/or increasing the sinks that remove these gases from the atmosphere. Afforestation, or the planting of trees on previously non-forested lands, is one means of reducing atmospheric CO2 levels and mitigating climate change. Trees function as relatively cost-effective biological carbon (C) sinks, removing CO2 from the atmosphere through the process of photosynthesis, and converting this atmospheric form of C into plant biomass. Carbon sequestration in biomass is one of many benefits of planting trees; others include maintaining ecosystem resilience by protecting ground and surface water quality and quantity, controlling erosion, and creating wildlife habitat, as well as economic and recreational benefits (Freedman and Keith 1998).

The Montreal Protocol faces a new enforcement crisis if it is to continue to be effective

Grabiel 26 Comerford 13
Danielle Fest Grabiel, IGSD Law Fellow, and Ms. Lia Comerford, IGSD Law Clerk¶ Enforcement Strategies for ¶ Combating the Illegal Trade¶ in HCfCs and Methyl Bromide¶ http://inece.org/wp-content/uploads/2013/06/Illegal_Trade_HCFCs_Methyl-Bromide.pdf
Last year the world celebrated the Protocol’s 25th anniversary and its remarkable success. Parties
AND
ever that enforcement officers are trained ¶ and prepared to effectively address smuggling.

Only maintaining effective treaty cooperation can prevent extinction from ozone depletion

Gareau 13
Brian J. Gareau is an Assistant Professor of Sociology and International Studies at Boston College.
Whatever Happened to Ozone Layer Politics?
http://www.e-ir.info/2013/01/29/whatever-happened-to-ozone-layer-politics/
The Montreal Protocol on Substances that Depletes the Ozone Layer (1997) is arguably
AND
heightened environmental awareness, the Montreal Protocol entered its own moment of uncertainty.

The Montreal Protocol’s phaseout of HFC’s and HCFC’s is at risk and the U.S. is trying to lead efforts to strengthen it

US-EPA 12
U.S. Environmental Protection Agency¶ June 2012¶ 2¶ Benefits of Addressing HFCs under the Montreal Protocol¶ June 2012 http://www.epa.gov/ozone/downloads/Benefits20of20Addressing20HFCs20Under20the20Montreal20Protocol,20June202012.pdf
The Montreal Protocol has been an unparalleled environmental success story. It is the only
AND
long-term. Table 10 displays the projected benefits from the Amendment.

Warming is anthropogenic – most comphrensive 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.,
("Quantifying the consensus on anthropogenic global warming in the scientific literature," 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.

Tipping points are likely – leads to runaway warming

Guterl 12 – Editor @ Scientific American
(Fred, "Climate Armageddon: How the World’s Weather Could Quickly Run Amok: Climate scientists think a perfect storm of climate "flips" could cause massive upheavals in a matter of years, http://www.scientificamerican.com/article.cfm?id=how-worlds-weather-could-quickly-run-amok)
One of the most productive scientists in applying dynamical systems theory to climate is Tim
AND
the 50 billion to 100 billion tons of carbon now trapped in permafrost.

Causes extinction—4 degree projections trigger a laundry list of extinction scenarios

Roberts 13—citing the World Bank Review’s compilation of climate studies
- 4 degree projected warming, can’t adapt
- heat wave related deaths, forest fires, crop production, water wars, ocean acidity, sea level rise, climate migrants, biodiversity loss
David, "If you aren’t alarmed about climate, you aren’t paying attention" ~http://grist.org/climate-energy/climate-alarmism-the-idea-is-surreal/~~ January 10 mtc
We know we’ve raised global average temperatures around 0.8 degrees C so far
AND
, but a world that is inexorably more inhospitable with every passing decade.

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, "Climate Conflict: How global warming threatens security and what to do about it," 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.

Not inevitable – it’s immediately reversible and there is no time lag

Desjardins 13 – member of Concordia university Media Relations Department, academic writer, citing Damon Matthews; associate professor of the Department of Geography, Planning and Environment at Concordia University, PhD, Member of the Global Environmental and Climate Change Center
(Cléa, "Global Warming: Irreversible but Not Inevitable," http://www.concordia.ca/now/what-we-do/research/20130402/global-warming-irreversible-but-not-inevitable.php)
Carbon dioxide emission cuts will immediately affect the rate of future global warming Concordia and
AND
mitigation challenge, clarifying these points of hope is critical to motivate change."

Tournament: KSTATE | Round: 2 | Opponent: KCKCC JM | Judge: Alex Bonnet

Speech 2AC Round 2 – PEGAN

Case

Process questions inform substantive debates

Martinez – their author – 8 – Associate Professor of Law 26 Justin M. Roach, Jr. Faculty Scholar, Stanford Law School
(Jenny, "PROCESS AND SUBSTANCE IN THE "WAR ON TERROR"," 108 Colum. L. Rev. 1013, Lexis)
As will be discussed more fully in later sections of the Article, I believe
AND
observation that all these decisions focus on process in one way or another.

Efficiency DA – procedural knowledge is key to actualize substantive findings – this evidence is specific to SOP and choosing the correct branch

Martinez – their author – 8 – Associate Professor of Law 26 Justin M. Roach, Jr. Faculty Scholar, Stanford Law School
(Jenny, "PROCESS AND SUBSTANCE IN THE "WAR ON TERROR"," 108 Colum. L. Rev. 1013, Lexis)
One of the most obvious reasons for focusing on process is simply that many of
AND
counsel or excluding defendants from portions of their own trials in military commissions.

Debating about what the state ought to do doesn’t legitimate sovereign exploitation

Frost 96
Mervyn Frost, U of Kent, 1996, Ethics in Int’l Relations, p. 90-1
A first objection which seems inherent in Donelan’s approach is that utilizing the modern state
AND
such as citizenship, rights under law, representative government and so on.

K

F/W

The role of the ballot is to determine whether or not the actualization of the affirmative is a good idea versus a actualization of a competitive method as applied in the broader institutional system.

Any role of the ballot that doesn’t compete with the affirmatives advocacy is arbitrary and self serving.

a) Moots the aff — the neg will self-serve and choose an impact that the 1ac didn’t read

b) Predictability — skirts any discussion of war power or topic education

c) Realistic education — speech act theory alone ignores how systems of power respond to their speech act.  Only questioning its application in a broader institution provides a check on utopian, improbable or irrelevant theoretical propositions.

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’.

War generates structural violence

Rule ’5
(James, Sociology Professor SUNY-Stony Brook, ’Above All, Do No Harm’ The War in Iraq and Dissent, DISSENT, Summer, http://www.dissentmagazine.org/menutest/archives/2005/su05/rule.htm)
Why does the left traditionally stand against aggressive wars? This question should hardly need
AND
doing the most to "support our men and women in the field."

Link

There’s no link to the aff—ask yourself—what about the 1nc means I think restricting self-defense justifications for targeted killing is bad

Anzaldua/Zinn is descriptive of interventions

If they make US focus arguments then it internal link turns their args about deliberation

Perm

Perm do the plan and rupture white linear history.

Perm do the plan and affirm the perspectives of the oppressed as a reduction in war powers.

Perm do the plan and all non-mutually exclusive parts of the alternative.

Perm solves—using international law to restrain nationalism is critical to developing space for reframing governance

Falk 8 – professor emeritus of international law @ Princeton
Richard, 2008, Chapter 6: Engaging Normative Consciousness in The Costs of War p. 94-6
Recall that the cultural shift of marquee intellectuals in the direction of normative restraint signals
AND
politics of impossibility" can avoid succumbing to despair about the human future.

DAT State Tho

Rejecting the state creates ineffective activism, undermining progressive forces

Orly Lobel, University of San Diego Assistant Professor of Law, 2007, The Paradox of Extralegal Activism: Critical Legal Consciousness and Transformative Politics," 120 HARV. L. REV. 937, http://www.harvardlawreview.org/media/pdf/lobel.pdf
Both the practical failures and the fallacy of rigid boundaries generated by extralegal activism rhetoric
AND
, and contemporary discontent is legitimated through a process of self-mystification.

Rejection of the state accomplishes NOTHING – they need a pragmatic reimagination of politics to prevent failure of their movement – this card SMOKES the K.

Pasha ’96 ~July-Sept. 1996, Mustapha Kamal, Professor and Chair of the Department of Politics and International Relations at the University of Aberdeen, "Security as Hegemony", Alternatives: Global, Local, Political, Vol. 21, No. 3, pp. 283-302, JSTOR~

An attack on the postcolonial state as the author of violence and its drive to
AND
more savage and less capable of ad- justing to rhythms dictated by globalization

The American legal system and state are not inherently racist – their overly fatalistic narrative ignores massive progress

Farber 98
(Daniel, Prof. of the Minnesota School of Law, "Is American Law Inherently Racist", w/ Prof. Delgado, Berkeley Law Scholarship Repository, http://scholarship.law.berkeley.edu/cgi/viewcontent.cgi?article=121126context=facpubs)

Let me begin with the vision of the American legal system that Professor Delgado presented
AND
In some ways, I think we are doing considerably better than most.

Even if the state is racist, the best solution is legal reforms

Delgado 98
(Richard, Jean N. Lindsley Professor of Law at the University of Colorado Law School, "Is American Law Inherently Racist", Debate w/ Prof. Farber, Berkeley Law Scholarship Repository, http://scholarship.law.berkeley.edu/cgi/viewcontent.cgi?article=121126context=facpubs)

AUDIENCE: If we accept the premise that American law is inherently racist, what
AND
in other respects. I will address this point later in my talk.

Single Issue Focus Good—Specific Demands

Single issue rights focus spills over and is distinct from the ideologies that determine its use

Hunt ’90 (Alan, Professor of Law and Sociology, Carleton University, Ottawa, Canada, "Rights and Social Movements: Counter-Hegemon Strategies," Journal of Law and Society Vol. 17 No. 3, 1990)
Beyond questions concerning the criteria of ’success’ there is another and perhaps more fundamental problem
AND
a refusal to engage with the conditions within which social change is grounded.

Identity

Their political strategy of reflecting on personal experience is particularly problematic in the context of war powers. Empirically, dominant forces have manipulated their conversational model to bolster masculine white supremacy and perpetuate military intervention.

Boor Tonn 2005 – Associate Professor of Communication at the University of Maryland (Mari Boor Tonn, "Taking Conversation, Dialogue, and Therapy Public" Rhetoric 26 Public Affairs Vol. 8, No. 3)
This widespread recognition that access to public deliberative processes and the ballot is a baseline
AND
therapeutic conversation and dialogue jeopardizes the very pulse and lifeblood of democracy itself. 

2ac Alt S

Backlash to the alternative prevents solvency and leads to war – liberal reform is the only solution that avoids backlash

Hailwood 4 – Lecturer in Philosophy @ Liverpool
(Simon, "How to be a green liberal," Berne Convention)
First, it is not just state personnel who have a tendency to balk at
AND
, radically hierarchical programmes regarding substantive political equality as an obstacle to progress.

Laws of War Good

War is inevitable—having rules that regulate when and how wars occur is necessary to prevent them

Shue 8 – Senior Research Fellow at Merton and Professor of Politics and International Relations @ Merton College, Oxford
Henry, 2008, "Do We Need a ’Morality of War’?" in Just and Unjust Warriors p. 104-6
This does in fact seem to me to be a ’reform’ of war that would
AND
morally better, if it were possible, but about which is possible. 

Norms

Violations don’t disprove the norm – it’s an institutionalized signaling mechanism for defections

Stevens 12
Tim Stevens, associate of the Centre for Science and Security Studies at King’s College, London, 2012, A Cyberwar of Ideas? Deterrence and Norms in Cyberspace, Contemporary Security Policy 33. 1
¶ Theo Farrell identifies three principal ways in which norms, assuming they are complied
AND
cyber strategy’ and show how this is linked to US cyber deterrence objectives.

Debating War Powers Good

As members of a University community, we should academically prepare to limit governmental expansion of war power authority

Zimmer 13 - campaigner on the Global Finance Campaign
(Todd, "Divestistas: From Opposition to Resistance," http://www.wearepowershift.org/blogs/divestistas-opposition-resistance)
All this to say, students and their opposition should prepare for escalation. Time
AND
here to tell Bank of America’s CEO to expect resistance on your campus.

====Informed, individual resistance to war powers is key – creates unified front against unfettered presidential powers====
Buchanan 13 - Government professor, UT Austin
(Bruce, Presidential Power and Accountability: Toward a Presidential Accountability System, Routledge, pg. 20)
For good or ill, then, the public’s stature as the source of all
AND
political cover of public opinion. This is particularly true of the Congress.

Forcing the war powers debate is necessary – there must be preventive policy education to create an educated public willing to prevent crisis-based executive expansions

Buchanan 13 - Government professor, UT Austin
(Bruce, Presidential Power and Accountability: Toward a Presidential Accountability System, Routledge, pg. 21-23)
When it is authoritatively marshaled (i.e., mobilized, unified, clear
AND
popular opinion gained authoritative constitutional recognition" (Ackerman, 1991: 41).

Debating Courts Good

Discussing the courts is key to effective judiciary

Green, 2009 (Craig, Associate Professor of Law, Temple University; J.D., Yale Law School, "An intellectual history of judicial activism," Emory Law Journal, Volume 58)
Unlike many civil law countries, the United States lacks a professionalized "judges’ school
AND
and such discourse is a vital mode of critique when judges are otherwise. 

Law Good—Violence

Legal reforms restrain the cycle of violence and prevent error replication

Colm O’Cinneide 8, Senior Lecturer in Law at University College London, "Strapped to the Mast: The Siren Song of Dreadful Necessity, the United Kingdom Human Rights Act and the Terrorist Threat," Ch 15 in Fresh Perspectives on the ’War on Terror,’ ed. Miriam Gani and Penelope Mathew, http://epress.anu.edu.au/war_terror/mobile_devices/ch15s07.html
This ’symbiotic’ relationship between counter-terrorism measures and political violence, and the
AND
repression: the need for mobilisation in response may therefore also be diluted. 

Law Good—Effective

Legal restraints work – the theory of the exception is self-serving and wrong

William E. Scheuerman 6, Professor of Political Science at Indiana University, Carl Schmitt and the Road to Abu Ghraib, Constellations, Volume 13, Issue 1
Yet this argument relies on Schmitt’s controversial model of politics, as outlined eloquently but
AND
to develop a legal apparatus suited to the special problem of irregular combatants.