Tournament: KSTATE | Round: 1 | Opponent: Concordia CS | Judge: D Stout

Interpretation: A topical plan is limited to restricting the President’s authority over the military

Bajesky 13 – MA in Political Science and Applied Economics, LLM @ Georgetown
(Robert, "Dubitable Security Threats and Low Intensity Interventions as the Achilles’ Heel of War Powers," 32 Miss. C. L. Rev. 9)
A numerical comparison indicates that the Framer’s intended for Congress to be the dominant branch
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the President was empowered "to repel and not to commence war." n32

Violation - Material witness detention is judicial authority, not executive

U.S. Code Service 13 (TITLE 18. CRIMES AND CRIMINAL PROCEDURE, PART II. CRIMINAL PROCEDURE, CHAPTER 207. RELEASE AND DETENTION PENDING JUDICIAL PROCEEDINGS, Current through PL 113-31, approved 8/9/13, Lexis)
§ 3144. Release or detention of a material witness If it appears from an
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the witness can be taken pursuant to the Federal Rules of Criminal Procedure.

Voting Issue –

Fairness

Ground – steals core neg ground – judicial authority is negative NOT affirmative ground, the Aff is our counterplan to indefinite detention affs

Predictable Limits – includes things like immigration power, legislative power, judicial power, etc.

Solvency advantage - you get to overrule any statue that affects indefinite detention

Evaluate topicality in a competing interpretations framework.

Tournament: KSTATE | Round: 1 | Opponent: Concordia CS | Judge: D Stout

Two-thirds of both the House and the Senate should propose and pass a constitutional amendment in the form of joint resolution that arrests of material witnesses in the so-called "war on terror" is unconstitutional.

This process is correct

Federal register 
(The Constitutional Amendment Process, http://www.archives.gov/federal-register/constitution/)
The Constitution provides that an amendment may be proposed either by the Congress with a
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statutory procedure for ratification under 1 U.S.C. 106b.

Amending the constitution solves – it establishes clear and credible war powers authority

Goldstein 88
(Yonkel, J.D. – Stanford Law School and Has the Sweetest of Names, "The Failure of Constitutional Controls over War Powers in the Nuclear Age: The Argument for a Constitutional Amendment," Stanford Law Review, July, 40 Stan. L. Rev. 1543, Lexis)
The scope of the war-making powers of the executive and legislative branches of
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would function similarly to how they have operated in the due process area.

The proposal solves

– states would ratify an amendment limiting presidential war powers
Woodwell 13 -Associate Professor of International Relations in the Department of History and Political Science at the University of Indianapolis
(Doug, "Fix the War Powers Act, please" http://woodwellontheworld.net/2011/06/16/fix-the-war-powers-act-please/)
Whatever the outcome of the current dispute between the President and members of Congress,
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to the functioning of the republic than the last amendment that was ratified.
An amendment with more specific provisions than the current law would also provide Congress judicial backing in disputes with the executive, while providing the executive branch clearer guidelines concerning the need for consultation.
Most importantly, such an amendment would be extremely likely to be passed in Congress
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to complicate and weaken U.S. foreign policy in the future.

Congressional rejection of the Court’s precedent solves a runaway judiciary – the perm doesn’t solve because it is both branches in lock-step – turns the case*

Devins 1 – Professor of Law @ William and Mary
(Neal, Congress as Culprit: How Lawmakers Spurred on the Court’s Anti-Congress Crusade, 51 Duke L.J. 435)
Just as talk of the Court’s status as ultimate interpreter of the Constitution may be
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and less tolerant of such congressional lapses and create even more constraining doctrine.

Checking judicial supremacy solves nuclear war

Dolbeare 87
Kenneth M., Prof. of Political Econ. @ Evergreen, Linda Medcalf, Prof. of Poli Sci @ Evergreen , The Case Against the Constitution, "Class and Pluralism in America: the Constitution Reconsidered, p. 138-140
Where have all the voters gone? They have caught on that the system is
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enable them to have direct impact on the substance of important public policies.

Tournament: KSTATE | Round: 1 | Opponent: Concordia CS | Judge: D Stout

Courts are adhering to the political question doctrine now

Bradley 9-2 – Professor of Law @ Duke
(Curtis A., "War Powers, Syria, and Non-Judicial Precedent," Lawfare Blog, 2013, http://www.lawfareblog.com/2013/09/war-powers-syria-and-non-judicial-precedent/)
As an initial matter, we need to bracket the issue of whether Obama’s action
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that might have motivated Obama to go to Congress with respect to Syria.

Plan reverses this – shifts doctrine towards evaluation of political questions

Lederman 11 - Professor of Law @ Georgetown University Law Center
(Martin, "War, Terror, and the Federal Courts, Ten Years After 9/11: Conference*: Association of American Law Schools’ Section on Federal Courts Program at the 2012 AALS Annual Meeting in Washington, D.C.," American University Law Review, June, 61 Am. U.L. Rev. 1253, Lexis)
Number two: Numerous very important, contested, hotly debated topics have arisen in
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the federal courts have been too timid or too aggressive in this area.

Violating the PQD spills over – allows justicability in future war powers cases

Jenks 10 – LLM w/ Distinction @ Georgetown
(Chris, "Square Peg in a Round Hole: Government Contractor Battlefield Tort Liability and the Political Question Doctrine," Berkeley Journal of International Law, 28.1)
As courts attempt to distinguish contractor tort cases involving the political¶ question doctrine from
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from¶ every dispute that can arguably be connected to ’combat?"’ 198

Violating PQD on war powers spurs a wave of contracting litigation – creates chilling effect which dooms key missions

Isenberg 10 - Research Fellow @ Independent Institute
(David, "Contractor Legal Immunity and the ’Political Questions’ Doctrine," CATO Institute, 1-19, http://www.cato.org/publications/commentary/contractor-legal-immunity-political-questions-doctrine)
One can easily see why most defense contractors, including private military and security firms
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a fear of being sued, refuse to follow the military’s instructions altogether.

Key to contain Afghan instability

Schwartz 9 - Specialist in Defense Acquisition – Congressional Research Service
(Moshe, "Department of Defense Contractors in Iraq and Afghanistan: Background and Analysis," Congressional Research Service, 8-23, http://fpc.state.gov/documents/organization/128824.pdf)
The Department of Defense (DOD) increasingly relies upon contractors to support operations in
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still in progress and could take three years or more to effectively implement. 

Afghan instability causes nuclear war

Carafano 10 - senior research fellow for national security at The Heritage Foundation and directs its Allison Center for Foreign Policy Studies
(James Jay, "Con: Obama must win fast in Afghanistan or risk new wars across the globe," Jan 2 http://gazettextra.com/news/2010/jan/02/con-obama-must-win-fast-afghanistan-or-risk-new-wa/)
We can expect similar results if Obama’s Afghan strategy fails and he opts to cut
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a puny EU military force incapable of defending the interests of its nations.

Tournament: KSTATE | Round: 1 | Opponent: Concordia CS | Judge: D Stout

Unique link—terrorism is at bay now—decreased war powers emboldens it

The Straits Times 13
The Straits Times (Singapore) June 1, 2013 No closure yet to war on terror http://www.lexisnexis.com/hottopics/lnacademic/
PRESIDENT Barack Obama has not declared American victory in the arduous campaign against terrorism,
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to severely curtail war powers it granted the President after 9/11.¶

====Material witness statute a key weapon to winning the war on terror====
Richey 2
Warren, Christian Science Monitor, "A legal tool emerges in terror war," June 19, http://www.csmonitor.com/2002/0619/p01s02-usju.html
When alleged "dirty bomb" plotter Jose Padilla arrived in the US, federal
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haven’t changed since Sept. 11 are putting their head in the sand."

High risk of nuclear terrorism – feasible and it escalates

Dvorkin 12 – senior fellow at the Center for International Security of the Institute of World Economy
Vladimir Z. Dvorkin 12 Major General (retired), doctor of technical sciences, professor, and senior fellow at the Center for International Security of the Institute of World Economy and International Relations of the Russian Academy of Sciences.  The Center participates in the working group of the U.S.-Russia Initiative to Prevent Nuclear Terrorism, 9/21/12, "What Can Destroy Strategic Stability: Nuclear Terrorism is a Real Threat," belfercenter.ksg.harvard.edu/publication/22333/what_can_destroy_strategic_stability.html mtc
Nuclear Terrorism as a Destabilizing Factor¶ Hundreds of scientific papers and reports have been
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a common understanding of these threats and develop a strategy to combat them.

Extinction – equivalent to a full scale nuclear war

Toon 7 
Owen B. Toon 7, chair of the Department of Atmospheric and Oceanic Sciences at CU-Boulder, et al., April 19, 2007, "Atmospheric effects and societal consequences of regional scale nuclear conflicts and acts of individual nuclear terrorism," online: http://climate.envsci.rutgers.edu/pdf/acp-7-1973-2007.pdf
To an increasing extent, people are congregating in the world’s great urban centers,
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study should be carried out as well for the present scenarios and physical outcomes

Tournament: KSTATE | Round: 1 | Opponent: Concordia CS | Judge: D Stout

Courts can’t rule something unconstitutional without citing a clause or amendment within the constitution – means aff can’t happen, and the decision would be rejected.

Not Used

Material witness standards not used in the SQO beyond academic discussion

Eric Sandberg-Zakian, Covington 26 Burling, LLP, Washington, D.C, 11
"Beyond Guantanamo: Two Constitutional Objections to Nonmilitary Preventive Detention," Harvard National Security Journal, 2 Harv. Nat’l Sec. J. 491, 2011
n58 The Bush administration did some early experimenting with preventive detention outside of the enemy
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R.-C.L. L. REV. 289 (2008).

Circumvent

Courts will just hold them as defendants, not as material witnesses

Levenson 2
Laurie L. Levenson, Detention, Material Witnesses 26 (and) the War on Terrorism, 35 Loy. L.A. L. Rev. 1217 (2002). Available at: http://digitalcommons.lmu.edu/llr/vol35/iss4/3
With the War on Terrorism, the legal seas have changed. The designation of
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perjury or obstruction of justice can be substituted for the material witness warrant.

====Judges will still allow detentions after the plan====
Ramsey 9
Carolyn B. Ramsey, Associate Professor of Law, University of Colorado Law School, "In the Sweat Box: A Historical Perspective on the Detention of Material Witnesses," Ohio State Journal of Criminal Law, Vol 6:681
More central to the history of criminal procedure is the fact that such detentions continued
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public on behalf of particular individuals deemed to have knowledge of a crime.

No topical solvency—They will shift to immigration authority

Hernandez-Lopez 12 – Professor of Law @ Chapman
(Kiyemba, Guantánamo, and Immigration Law: An Extraterritorial Constitution in a Plenary Power World, UC IRVINE LAW, 193.2)
This Article analyzes the legal puzzle of ongoing Uighur detention in¶ Guantánamo, which
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, U.S. domestic politics, and the detainees’ own choices.

Terror Turn

Treating terrorism as the locus of the material witness statute undermines critique of the statute and distracts from the real issue

Ramsey 9
Carolyn B. Ramsey, Associate Professor of Law, University of Colorado Law School, "In the Sweat Box: A Historical Perspective on the Detention of Material Witnesses," Ohio State Journal of Criminal Law, Vol 6:681
In the wake of the September 11, 2001 attacks on the Pentagon and the
AND
—a dichotomy that rarely existed in the minds of the interrogating officer. 

War on terror not the root cause of abuse of material witness statute – eugenics is

Ramsey 9
Carolyn B. Ramsey, Associate Professor of Law, University of Colorado Law School, "In the Sweat Box: A Historical Perspective on the Detention of Material Witnesses," Ohio State Journal of Criminal Law, Vol 6:681
Did the detentions stem from fear that the detainees might commit more crimes upon release
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1920s and 1930s on social typing as a means of predicting criminality.90

No link to terror specifically - material witness statute is about police power over the individual, not inadequate judicial examination

Ramsey 9
Carolyn B. Ramsey, Associate Professor of Law, University of Colorado Law School, "In the Sweat Box: A Historical Perspective on the Detention of Material Witnesses," Ohio State Journal of Criminal Law, Vol 6:681
This Essay suggests two departures from prior scholarship. First, it presents alternatives to
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the increasingly invasive practices of the state, beginning in the nineteenth century.

Alt Causes

Police are the problem - not judges - ignores root cause of the problem

Ramsey 9
Carolyn B. Ramsey, Associate Professor of Law, University of Colorado Law School, "In the Sweat Box: A Historical Perspective on the Detention of Material Witnesses," Ohio State Journal of Criminal Law, Vol 6:681
Oscar Thompson’s travails in Chicago were a small but significant part of a shift toward
AND
that began to take shape in the second half of the nineteenth century.

Police abuse of interrogation techniques are to blame - the war on terror is not an exceptional case, just the latest iteration

Ramsey 9
Carolyn B. Ramsey, Associate Professor of Law, University of Colorado Law School, "In the Sweat Box: A Historical Perspective on the Detention of Material Witnesses," Ohio State Journal of Criminal Law, Vol 6:681
A major argument of this Essay is that, instead of constituting a watershed in
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prolonged questioning that Thompson faced in 1902 were already widespread a decade earlier.

Ext First

Extinction first—existential risks require unique risk calculus

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/)
Bostrom, who directs Oxford’s Future of Humanity Institute, has argued over the course
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eliminating poverty or curing malaria, which would be tremendous under ordinary standards.

Prioritize preventing extinction first

Cummiskey ’96
(David, Associate Philosophy Professor, Bates College, Kantian Consequentialism, p. 129-131)
It does, however, support the consequentialist interpretation. Since the moral demand to
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conclusion that the more persons with dignity who are saved, the better.
 

We should evaluate consequences first

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
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not true believers. It promotes arrogance. And it undermines political effectiveness.

People should have the option of choosing their own value to life

Kymlicka ’3 
(Will, professor of philosophy @ Queens University. Contemporary Political Thought:  A Reader And Guide.  Edited by Alan Finlayson, pp. 496-498)
The defining feature of liberalism is that it ascribes certain fundamental freedoms to each individual
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judge what is valuable, and to learn about other ways of life.