Tournament: GSU | Round: 1 | Opponent: GeorgeMason KL | Judge: 

1AC

2

Advantage _- Modeling

US targeted killing policies are causing an international drones arms race.  But, the mere existence of the technology doesn’t make instability inevitable—how the US uses its drones matters.

Farley, Ph.D. in Political Science, 11 (Robert, Assistant Professor at the Patterson School of Diplomacy and International Commerce at the University of Kentucky, Oct. 12, 2011, World Politics Review, "Over the Horizon: U.S. Drone Use Sets Global Precedent", http://www.worldpoliticsreview.com/articles/10311/over-the-horizon-u-s-drone-use-sets-global-precedent)
Is the world about to see a "drone race" among the United States
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policymakers should perhaps devote a touch more attention to the precedent they’re setting. 

Current overreliance on drones sets an international model for targeted killing without legal restraint- only external checks on the executive’s use of drones can create international norms of accountability and transparency

Brooks, Ph.D in Law @ Georgetown 4/23/13 (Rosa, Professor of Law, Georgetown University Law Center, "The Constitutional and Counterterrorism Implications of Targeted Killing Testimony Before the Senate Judiciary Subcommittee on the Constitution, Civil Rights, and Human Rights" http://scholarship.law.georgetown.edu/cgi/viewcontent.cgi?article=111426context=cong)
Defenders of administration targeted killing policy acknowledge that the criteria for determining how to answer
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them to justify the killing of dissidents, rivals, or unwanted minorities?

And, this status quo model of drone overreliance results in global interstate wars.

Cronin, prof-GMU, 13 (Audrey Kurth, Professor of Public Policy at George Mason University and the author of How Terrorism Ends: Understanding the Decline and Demise of Terrorist Campaigns, "Why Drones Fail," Foreign Affairs, Jul/Aug2013, Vol. 92, Issue 4)
Finally, the drone campaign presents a fundamental challenge to U.S. national
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— then al Qaeda will be the least of the United States’ worries.

These conflicts could go nuclear- unfettered drone proliferation risks miscalculation and collapse of nuclear deterrence

Boyle, Ph.D. Polisci, 13 (Michael J, Assistant Professor of Political Science at La Salle University, Research Fellow at the Centre for the Study of Terrorism and Political Violence, "The costs and consequences of drone warfare", http://www.chathamhouse.org/sites/default/files/public/International20Affairs/2013/89_1/89_1Boyle.pdf)
A second consequence of the spread of drones is that many of the traditional concepts
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powers, thus magnifying the risks of a spiral of conflict between them.

And, the US can create norms for legitimate drone use— the plan creates a legal normative framework that would allow the US to apply political pressure against hostile states

Zenko, Council on Foreign Relations, 13 (Micah, Douglas Dillon fellow in the Center for Preventive Action (CPA) at the Council on Foreign Relations (CFR), previously worked at: Harvard Kennedy School and in Washington, DC, at the Brookings Institution, Congressional Research Service, and State Department’s Office of Policy Planning, "Reforming US Drone Strike Policies", Council on Foreign Relations Special Report No. 65, January 2013, pg. 24-25)
History shows that how states adopt and use new military capabilities is often influenced by
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the future, the United States should undertake the following specific policy recommendations.

Turkey is modeling our drone program now – causes attacks against the Kurds, collapses relations with Iraq and prevents anti-prolif efforts in the Middle East and EU membership

Stein, Nonproliferation Program Manager at EDAM, 13 (Nonproliferation Program Manager at EDAM, a Istanbul-based think tank with a focus on Turkey’s foreign and security policy, Associate Fellow at RUSI, Professional Forum in the UK for those concerned with National and International Defence and Security, PhD candidate at Kings Cross College, "The First Rule of Drone Club", http://www.foreignpolicy.com/articles/2013/02/25/the_first_rule_of_drone_club?page=full)
As the United States continues to grapple with the legal ramifications of using armed unmanned
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all of the details secret and to prevent the public from weighing in.

Turkey’s soft power is critical to engaging Iran diplomatically and diffusing the threat of Iran going nuclear

Ben-Meir, 09 (Alon Ben-Meir, Senior Fellow at the Center for Global Affairs in New York University and teaches courses on the Middle East and international negotiations, Spring 2009, The Whitehead Journal of Diplomacy and International Relations, Nuclear Iran is Not an Option: A New Negotiating Strategy to Prevent Iran from Developing Nuclear Weapons)

The presence of a third party acting as mediator between the United States and Iran
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fellow Muslim-majority state with which it has long and friendly relations. 

Iran has the capabilities to build a bomb now - creation of advanced centrifuges and a plutonium reactor provides two paths to the weapon

WSJ 9/5/2013 (Jay Solomon, WSJ foreign affairs and national security writer, "Iran Seen Trying New Path to a Bomb", http://online.wsj.com/article/SB10001424127887323997004578644140963633244.html)
nWASHINGTON—Iran could begin producing weapons-grade plutonium by next summer, U
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closely watching who Mr. Rouhani will name as his chief nuclear negotiator.

Two impacts – first is Israeli strikes

Israeli perception of a nuclear armed Iran makes a strike against Iran inevitable – that causes a regional war which escalates

Malin, Executive Director of the Project on Managing the Atom Harvard, and Eiran, asst prof international relations at the Haifa University in Israel, 7/1/13 (Martin, and Ehud, affiliate of the middle east negotiation initiative at the program on negotiation, Harvard Law School, former assistant to the Foreign Policy Advisor to Israel’s Prime Minister, "The Sum of all Fears: Israel’s Perception of a Nuclear-Armed Iran", http://live.belfercenter.org/files/thesumofallfears.pdf)
Thucydides’ ancient logic still governs: uncertainty (over Iran’s nuclear intentions) and the
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Iranian nuclear challenge should therefore begin with an analysis of these different fears.

Israel strikes on Iran cause multiple scenarios for nuclear war, CBW use and terrorist attacks.

Russell 09 (James A. Russell, managing editor of Strategic Insights, the quarterly ejournal published by the Center for Contemporary Conflict at the Naval Postgraduate School, Spring 2009, Strategic Stability Reconsidered: Prospects for Escalation and Nuclear War in the Middle East, Security Studies Center)
Iran’s response to what would initially start as a sustained stand-off bombardment (
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U.S. massive response – a potential "Armageddon" scenario.

And, second- Iranian nuclearization makes nuclear war inevitable in the Middle East- even small conflicts could escalate to all out war.

Kahl, Senior Fellow, the Center for a New American Security, 12 (Colin, former Deputy Assistant Secretary of Defense for the Middle East and Senior Fellow, the Center for a New American Security,  Iran and the Bomb, Foreign Affairs; Sep/Oct2012, Vol. 91 Issue 5, p157-162)
Waltz writes that "policymakers and citizens in the Arab world, Europe, Israel
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and the consequences of even a low-probability outcome could be devastating.

Current sanctions and threats of force will never work to diffuse the Iranian threat – Iran is willing to negotiate, but a lack of cultural understanding on both sides prevents it – a mediator is necessary

Amirahmadi, prof of public policy Rutgers University, 13 (Hooshang, President of the American Iranian Council, Ph.D. in planning and international development from Cornell, Shahir, political analyst and freelance journalist, "Avoid Repeating Mistakes toward Iran", http://csis.org/files/publication/TWQ_13Winter_AmirahmadiShahidSaless.pdf)
Ultimately, proponents of the ’’carrot-and-stick’’ policy argue that as
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many seemingly contradictory directions, while Ayatollah Khamenei is supposedly the absolute power.

Turkey is the critical mediator between US and Iran – negotiations and diplomacy are the only options

Nguyen 13 (Mai Lan Thanh, "Does Turkey’s Stance on Iran’s Nuclear Program Reflect an Axis-Shift in Turkish Foreign Policy?", http://eprints.ibu.edu.ba/1599/8/Nguyen20Mai20Lan20Thanh-1.pdf)
It is believed that hard power means waging war or attacking Iran coercively is very
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East and West, while preserving her own internal security and multilateral interests.

1

Scenario One: War Fighting

Domestic and international support for the US drone program is collapsing, threatening to shut it down entirely. Reform is key.

Zenko, CFR Fellow, 13 (Micah, is the Douglas Dillon fellow in the Center for Preventive Action (CPA) at the Council on Foreign Relations (CFR)., "Reforming U.S. Drone Strike Policies," http://www.cfr.org/wars-and-warfare/reforming-us-drone-strike-policies/p29736)
In his Nobel Peace Prize acceptance speech, President Obama declared: "Where force
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if the United States modified its drone policy in the ways suggested below.

And, Drones are critical to resolve U.S. military overreach and prevent reductions in power projection capacity

Rushforth JD candidate 12 (Elinor June, J.D. candidate, University of Arizona, James E. Rogers College of Law, "THERE’S AN APP FOR THAT: IMPLICATIONS OF ARMED DRONE ATTACKS AND PERSONALITY STRIKES BY THE UNITED STATES AGAINST NON-CITIZENS, 2004-2012" Arizona Journal of International and Comparative Law 29 Ariz. J. Int’l 26 Comp. Law 623, Lexis)
G. Arguments Made by Proponents of the Drone Program The drone program is a
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that its full focus is on protecting and growing our nation at home.

Overreach collapses hegemony, risks hostile challengers and nuclear war

Florig, prof International Studies, 10 (Dennis, Professor- Division of International Studies- Hankuk (Korean) University of Foreign Studies,  Review of International Studies, vol 36, issue 4, October, 2010, http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1548783)
IV. Potential Sources of Hegemonic Breakdown and Future Challenges to Hegemony Despite the belief
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or other WMD by the rising number of powers who possess them looms.

And, power projection solves every scenario for extinction

Brzezinski, John Hopkins American Foreign Policy professor, 2012
(Zbigniew, Strategic Vision: America and the Crisis of Global Power, google books, ldg)
An American decline would impact the nuclear domain most profoundly by inciting a crisis of
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is crucial to helping the world avoid a dangerous slide into international turmoil.

Legitimacy of the drone program is critical internal link to drone operations— key to allied and public support of US leadership.

Kennedy, Foreign Policy prof-Kings College, 13 (Greg, Professor of Strategic Foreign Policy at the Defence Studies Department, King’s College London, Drones: Legitimacy and Anti-Americanism, http://www.strategicstudiesinstitute.army.mil/pubs/parameters/Issues/WinterSpring_2013/3_Article_Kennedy.pdf)
The current debate over the legitimacy of America’s use of drones to deliver deadly force
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to ensure its strategic aims are not derailed by operational and tactical expediency.

Scenario 2- Counter-terrorism

US counter-terrorism efforts are failing. Overreliance on drones results in civilian deaths that cause blowback- terrorist groups use civilian deaths for recruitment and fundraising, their key strategies for resurgence.

Cronin, prof-GMU, 13 (Audrey Kurth, Professor of Public Policy at George Mason University and the author of How Terrorism Ends: Understanding the Decline and Demise of Terrorist Campaigns, "Why Drones Fail," Foreign Affairs, Jul/Aug2013, Vol. 92, Issue 4)
Like any other weapon, armed drones can be tactically useful. But are they
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States risks multiplying its enemies and heightening their incentives to attack the country.

And, lack of transparency to the drone program collapses allied cooperation on terrorism, which is critical to intelligence sharing.

Human Rights First 13 (How to Ensure that the U.S. Drone Program does not Undermine Human Rights BLUEPRINT FOR THE NEXT ADMINISTRATION,  Updated April 13, http://www.humanrightsfirst.org/wp-content/uploads/pdf/blueprints2012/HRF_Targeted_Killing_blueprint.pdf)
The Obama Administration has dramatically escalated targeted killing by drones as a central feature of
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allies and thereby impeded the flow of critical intelligence about terrorist operations.12

Allied cooperation on intelligence is critical to effective counterterrorism

McGill and Gray 12 (Anna-Katherine Staser McGill, David H. Gray, "Challenges to International Counterterrorism Intelligence Sharing,"  Global Security Studies, Summer 2012, Volume 3, Issue 3, http://globalsecuritystudies.com/McGill20Intel20Share.pdf)
In his article "Old Allies and New Friends: Intelligence-Sharing in the
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term CT alliances must also be addressed in order to sustain current operations.

And, Al-Qaeda is planning attacks on the US.

Byman, Brookings Fellow, 13 (Daniel, professor in the Security Studies Program of Georgetown University’s School of Foreign Service and the research director of the Saban Center for Middle East Policy at the Brookings Institution,  "Al Qaeda Is Alive in Africa," Jan 17, http://www.foreignpolicy.com/articles/2013/01/17/al_qaeda_is_alive_in_africa)
It has been over a year and a half since Osama bin Laden was killed
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region, twice launching sophisticated attacks on U.S. civil aviation.

And, they’ll use nuclear and biological weapons

Allison, IR Director @ Harvard, 12 (Graham, Director, Belfer Center for Science and International Affairs; Douglas Dillon Professor of Government, Harvard Kennedy School, "Living in the Era of Megaterror", Sept 7, http://belfercenter.ksg.harvard.edu/publication/22302/living_in_the_era_of_megaterror.html)
Forty years ago this week at the Munich Olympics of 1972, Palestinian terrorists conducted
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the eye can see, we will live in an era of megaterror.

And, Nuclear terrorism attacks escalate and cause extinction.

Morgan, Hankuk University of Foreign Studies, 2009
(Dennis, World on fire: two scenarios of the destruction of human civilization and possible extinction of the human race Futures, Volume 41, Issue 10, December, ldg)
In a remarkable website on nuclear war, Carol Moore asks the question "Is
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all those steps and start through the accidental or reckless use of strategic weapons 

And, Bioterror leads to extinction

Anders Sandberg 8, is a James Martin Research Fellow at the Future of Humanity Institute at Oxford University; Jason G. Matheny, PhD candidate in Health Policy and Management at Johns Hopkins Bloomberg School of Public Health and special consultant to the Center for Biosecurity at the University of Pittsburgh Medical Center; Milan M. ?irkovi?, senior research associate at the Astronomical Observatory of Belgrade and assistant professor of physics at the University of Novi Sad in Serbia and Montenegro, 9/8/8, "How can we reduce the risk of human extinction?," Bulletin of the Atomic Scientists,http://www.thebulletin.org/web-edition/features/how-can-we-reduce-the-risk-of-human-extinction
The risks from anthropogenic hazards appear at present larger than those from natural ones.
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may increase as biotechnologies continue to improve at a rate rivaling Moore’s Law.

Only judicial review provides the due process necessary to solve public confidence in targeting—key to viability of the program

Corey, Army Colonel, 12 (Colonel Ian G. Corey, "Citizens in the Crosshairs: Ready, Aim, Hold Your Fire?," http://www.dtic.mil/cgi-bin/GetTRDoc?AD=ADA561582)
Alternatively, targeted killing decisions could be subjected to judicial review. 103 Attorney General
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of independent review that will both satisfy due process and boost public confidence.

Court action is key—using the legal process to protect constitutional rights is critical to counter-terrorism credibility and US soft power.

Sidhu, J.D, 11 (Dawinder S., J.D., The George Washington University; M.A., Johns Hopkins University; B.A., University of Pennsylvania. Mr. Sidhu is an attorney whose primary intellectual focus is the relationship between individual rights and heightened national security concerns, "JUDICIAL REVIEW AS SOFT POWER: HOW THE COURTS CAN HELP US WIN THE POST-9/11 CONFLICT," NATIONAL SECURITY LAW BRIEF Vol 1, No 1, http://digitalcommons.wcl.american.edu/cgi/viewcontent.cgi?article=100326context=nslb)
The legal principles established by the Framers and enshrined in the Constitution are a source
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power and thus a useful tool in the post-9/11 conflict

Judicial review is the only mechanism for creating transparency and reducing collateral damage – the executive alone can’t solve

Adelsberg 12 (Samuel S., * J.D. Candidate 2013, Yale Law School, "Bouncing the Executive’s Blank Check: Judicial Review and the Targeting of Citizens" Harvard Law 26 Policy Review 6 Harv. L. 26 Pol’y Rev. 437, Lexis)
 ~*445~ Rather, as recognized by the Founders in the Fourth Amendment
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Now, we will turn to what this judicial involvement would look like.

Plan

Plan:  The United States Federal Judiciary should conduct judicial ex post review of United States’ targeted killing operations.

Tournament: Pitt RR | Round: 1 | Opponent: West Georgia AM | Judge: Massey
2AC Can’t Solve All Violence
Just War theory’s attempt to justify war devalues life because it stops the conversation about how to end war in the first place.
Poe-Professor of Philosophy, Dayton-8
Replacing Just War Theory with an Ethics of Sexual Difference
Hypatia Volume 23, Number 2, Spring 2008
http://muse.jhu.edu.ezproxy.uky.edu/journals/hypatia/v023/23.2.poe.html#back
For centuries, ethicists have used just war theory to determine whether military intervention and
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. Wars destroy the very human trust they hope to protect and defend.

2AC v. WestGA
B. Virtuous Violence DA – their epistemological criticism fails when they’ve not engaged Just War theory and virtue – the alternative will fail and the 1AC must be the starting point because the state of exception will extend their targets upon the alternative and strike them down – that’s 1AC Campos – AND just war theory is what allows the continue fabrication of violence and Islamophobia against Muslim and Black communities and against the identity positions of the alternative
Berat 8 (Hamza, Chairman of Future Global Network, a network of NGOs based in Kuala Lumpur dedicated to the peaceful co-existence of humanity, “Islamophobia: Challenges and the Way Out,”) 

Supported by Western Media, an atmosphere of racism and xenophobia against Muslims has unfolded in the West, thus providing fake legitimacy for the US war agenda. The “just war” theory serves to camouflage the nature of US war plans… fabricating an enemy among Muslims, using Iran as ploy, conveying the illusion that the West is under imminent danger of nuclear attack by “Islamic terrorists” supported by Iran.
To say that the judge must accept the position and perspective of the oppressed assumes they can be heard -~-- the alternative reifies silencing because the intersection of just war and targeted killing produces a distancing that universal criticism simply can’t solve – only our intervention allows their alternative to come into fruition
Shaw 13 (Ian G., Lecturer in Human Geography, “Predator Empire: The Geopolitics of US Drone Warfare,” Geopolitics, 00:1–24, 2013, http://www.unice.fr/crookall-cours/iup_geopoli/docs/predator-drones.pdf) 

While the Predator Empire may be assembled with dozens rather than hundreds of flight orbits
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security away from this entrenched logic of "death-as-success."
C. Presidential Pre-emption DA – And a criticism of what justifications sustain targeted killing and the resultant militarism is particularly necessary for countering the extension of virtuous violence against the black body
Bloice et al 13 (Carl Bloice is a BlackCommentator.com Editorial Board member, writer and senior activist in San Francisco, a member of the National Coordinating Committee of the Committees of Correspondence for Democracy and Socialism, a moderator at portside.org and formerly worked for a healthcare union. Bill Fletcher, Jr. is a long-time racial justice, labor and international activist and writer. He is a Senior Scholar with the Institute for Policy Studies and the immediate past president of TransAfrica Forum. He is the co-author of Solidarity Divided. Jamala is a long-time organizer and writer. She is a 2011 Alston-Bannerman Fellow and author of The Best of The Way I See It and Other Political Writings. She is the co-founder of the Organization for Black Struggle. “Black America and Obama’s Foreign Policy,” http://www.zcommunications.org/black-america-and-obama-s-foreign-policy-by-bill-fletcher-jr.html)
Well, this is a partial list, but the point here is that there
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If not now, when? If not you (us), who?
Although sites of violence and oppression are heterogeneous in nature – the permutation connects the dots of anti-blackness in order to effectively dismantle the perpetuation of white empire both domestically and internationally
Balasubramanian 8/8/13 (Janani, B.A. Feminist and Engineering (Atmosphere and Energy), studying issues of food sovereignty, food justice, and sustainability from a scientific, social, cultural, and ethical perspective. “Zimmermans and Drones: Antiblackness and Global Domination”  http://www.blackgirldangerous.org/2013/08/201388zimmermans-and-drones-antiblackness-and-global-domination/)

I launch this piece from the challenge that Asam Ahmad offers in his piece:
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dots between the tactics of enslavement, incarceration, colonialism, and empire.
Lifting the veneer of the drone and targeted killing policy is critical to re-examining White Supremacist epistemology – a refusal of the 1AC produces an ethical distancing that reproduces coloniality and flips the alternative
Newman 12 (Christopher, “‘Moralization’ of Technologies – Military Drones: A Case Study” http://www.e-ir.info/2012/05/02/moralization-of-technologies-military-drones-a-case-study/) 

The Case of Military Drones The US military alone already employs several thousand unarmed aerial
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technology design in order to promote more ethical behavior on the remote battlefield.

Specific demands are key- their call for universal opposition to war is doomed to fail
Pascal Bruckner 86, Maître de conférence at the Institut d’Études Politiques de Paris, 1986
(Tears of the White Man)
Here again, though, our analysis must be refined. A universal and angelic
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back; reflex solidarity provides aid, but then takes it back again.  

And our criticism of the federal government is empowering, critical to prevent complacency, and actualizes politics that checks presidential unilateralism  
Young 13 (Kelly Michael Young, Associate Professor of Communication and Director of Forensics, Wayne State University, “Why Should We Debate About Restriction of Presidential War Powers,” http://public.cedadebate.org/node/13) 

When we wrote the paper, we argued that the topic would make for good debate because it was timely “but not too timely.” Little could we have anticipated a … stand as an important potential check on the presidency.
The permutation encapsulates their criticism of white supremacy and militarism through the position of the black international and our scholarship isn’t mutually exclusive with theirs – there is no trade-off between our epistemological foundations and thiers – to say our methodologies are diametrically opposed to one another partakes in a violent form of knowledge production that only voting aff can solve – this is an independent reason to vote affirmative
Allen 7 (Douglas Allen Department of Philosophy, University of Maine “Mahatma Gandhi on Violence and Peace Education,” Project Muse)
Gandhi, of course, is very concerned with violence in the more usual sense
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, multidimensional, and violent relations of control, exploitation, and domination.

--we cant talk about drones in the abstract- that cedes their control to the executive- public deliberation about actual technology is critical
Druck-J.D. Candidate, Cornell Law School-10
Droning On: The War Powers Resolution and the Numbing Effect of Technology-Driven Warfare. Cornell Law Review, 98(1), 209-238.
Why an Unconstrained Executive Matters Today If public scrutiny acts as a check on presidential
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sort of harm fails to “rally the troops” for public attentiveness.

Refusing to speak of the details of war makes it dangerously abstract- this abstraction makes it more difficult to oppose.
Stortz 02 (Martha Ellen, Rumors of War: The Need for a Lutheran Voice, Sept, http://www.elca.org/What-We-Believe/Social-Issues/Journal-of-Lutheran-Ethics/Issues/September-2002/Rumors-of-War-The-Need-for-a-Lutheran-Voice.aspx)
15 Second, Lutherans need to speak up and demand that this conversation on
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, mute testimony to the thousands who had died of cold and starvation.

Tournament: Ndt | Round: 1 | Opponent: Mary Washington McElhinny-Pacheco | Judge: Gliniecki, Repko, Strauss

1AC

plan

Plan:  The United States Federal Judiciary should conduct judicial ex post review of United States’ targeted killing operations, with liability falling on the government for any constitutional violation, on the grounds that the political question doctrine should not bar justiciability of cases against the military.

Allies

Advantage 1 is Allied Cooperation –

U.S. drone policy is more important than the spying and data scandal to European partners – it threatens the trans-atlantic relationship

Dworkin 7/17/13 (Anthony, Senior Policy Fellow at the European Council on Foreign Relations, "Actually, drones worry Europe more than spying" http://globalpublicsquare.blogs.cnn.com/2013/07/17/actually-drones-worry-europe-more-than-spying/-http://globalpublicsquare.blogs.cnn.com/2013/07/17/actually-drones-worry-europe-more-than-spying/)
Relations between the United States and Europe hit a low point following revelations that Washington
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of weapon, before the regular use of drones spreads across the globe.

Accountability over standards of imminence are impossible from executive internal measures – no one trusts Obama on drones – only the plans court action solves

Goldsmith 13 (Jack Goldsmith teaches at Harvard Law School and is a member of the Hoover Institution Task Force on National Security and Law, "How Obama Undermined the War on Terror,"  http://www.newrepublic.com/article/112964/obamas-secrecy-destroying-american-support-counterterrorism)
For official secrecy abroad to work, the secrets must be kept at home as
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, even if it means that secret war abroad is harder to conduct.

Unrestrained drone policy results in collapse of NATO

Parker 9/17/12 (Tom, former policy director for Terrorism, Counterterrorism and Human Rights at Amnesty International USA. He is also a former officer in the British Security Service (MI5), "U.S. Tactics Threaten NATO" http://nationalinterest.org/commentary/us-tactics-threaten-nato-7461?page=1-http://nationalinterest.org/commentary/us-tactics-threaten-nato-7461?page=1) 

A growing chasm in operational practice is opening up between the United States and its
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Something has to give—and it may just be the Atlantic alliance.

NATO prevents global nuclear war

Zbigniew Brzezinski 9, former U.S. National Security Adviser, Sept/Oct 2009, "An Agenda for NATO," Foreign Affairs, 88.5, EBSCO
NATO’s potential is not primarily military. Although NATO is a collective-security alliance
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focused aroused Muslim resentments on the United States and the West more generally.

Courts don’t leak intel methods or classified information—this fear has been repeatedly dispelled by hundreds of successfully tried terrorism cases

Jaffer-director ACLU’s National Security Project-12/9/08 http://www.salon.com/2008/12/09/guantanamo_3/-http://www.salon.com/2008/12/09/guantanamo_3/ Don’t replace the old Guantánamo with a new one
The contention that the federal courts are incapable of protecting classified information — "intelligence
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courts, but the record of successful prosecutions provides the most effective rebuttal.

No over-deterrence of military operations- government liability is rooted in the FTCA and it avoids the chilling associated with individual liability.

Kent, Constitutional Law prof, 13 (Andrew, Faculty Advisor-Center on National Security at
Fordham Law School, prof @ Fordham University School of Law- constitutional law, foreign relations law, national security law, federal courts and procedure, "ARE DAMAGES DIFFERENT?: BIVENS AND NATIONAL SECURITY," October 8, http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2330476-http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2330476)  Evidence is gender paraphrased
Because of sovereign immunity, federal officials are sued under Bivens in their so-
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fear of personal liability, are discussed below in Section V.A.

The plan balances the definition to imminence

Kwoka 11 (Lindsay, J.D. UPenn, "TRIAL BY SNIPER: THE LEGALITY OF TARGETED KILLING IN THE WAR ON TERROR" Accessed at HeinOnline)
But this is not the end of the inquiry. Even if a targeted individual
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need to protect citizen’s constitutional rights while affording sufficient deference to the executive.

Yemen

Executive control over the definition of "imminence" makes its scope totally unlimited- makes drone overuse and abuse inevitable.

Greenwald 13 (Glenn, J.D. from NYU, award-winning journalist, February 5th, 2013, "Chilling legal memo from Obama DOJ justifies assassination of US citizens," www.theguardian.com/commentisfree/2013/feb/05/obama-kill-list-doj-memo)
4. Expanding the concept of "imminence" beyond recognition The memo claims that
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vaguely defined, and it’s easy to see how they could be manipulated."

Indiscriminate strikes create Yemen instability and swell AQAP ranks – reducing strikes to calculated, high value targeting is key

Boyle Ph.D in Political Science, 13 (Michael J., Assistant Professor of Political Science at La Salle University in Philadelphia. "The costs and consequences of drone warfare," International Affairs 89 : 1 (2013) 1–29. http://www.chathamhouse.org/sites/default/files/public/International20Affairs/2013/89_1/89_1Boyle.pdf-http://www.chathamhouse.org/sites/default/files/public/International Affairs/2013/89_1/89_1Boyle.pdf)
The second major claim for the effectiveness of drone strikes is based on their ability
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Qaeda and strength - ened local insurgent forces challenging the Yemeni government. 53

AQAP poses the largest threat to the United States – they have the means and motive for attack

Cilluffo et al 13 Subcommittee Hearing: Understanding the Threat to the Homeland from AQAP, September 18, 2013, Mr. Frank J. Cilluffo, Associate Vice President, Director, Homeland Security Policy Institute, The George Washington University, Ms. Katherine Zimmerman, Senior Analyst, The American Enterprise Institute, Mr. Brian Katulis, Senior Fellow, Center for American Progress, http://www.securityassistance.org/content/understanding-threat-homeland-aqap~~23sthash.0ztnhYSX.dpuf
Yet to do so would be a real mistake. Notwithstanding the importance of Syria
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in the attack on the U.S. mission in Benghazi.8 

And, terrorism escalates and causes extinction.

Morgan, Hankuk University of Foreign Studies, 2009
(Dennis, World on fire: two scenarios of the destruction of human civilization and possible extinction of the human race Futures, Volume 41, Issue 10, December, ldg)
In a remarkable website on nuclear war, Carol Moore asks the question "Is
AND
all those steps and start through the accidental or reckless use of strategic weapons 

Terrorists have means and motive now-expertise and materials are widespread and multiple attempts prove.

Jaspal, Quaid-i-Azam University IR professor, 2012
(Zafar, "Nuclear/Radiological Terrorism: Myth or Reality?", Journal of Political Studies, http://pu.edu.pk/images/journal/pols/pdf-files/Nuclear20Radiological20terrorism20Jaspa_Vol_19_Issue_1_2012.pdf-http://pu.edu.pk/images/journal/pols/pdf-files/Nuclear Radiological terrorism Jaspa_Vol_19_Issue_1_2012.pdf, ldg)

The misperception, miscalculation and above all ignorance of the ruling elite about security puzzles
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consequences cannot be deterred" (Whiteneck, 2005, Summer: 187)

The plan balances good strikes with bad ones—-solves overuse while preserving the option

Jonathan Hafetz 13, Associate Professor of Law, Seton Hall University School of Law, 3/8/13, "Reviewing Drones," http://www.huffingtonpost.com/jonathan-hafetz/reviewing-drones_b_2815671.html
Judges must also be able to afford a remedy to victims. Mistakes happen and, as a recent report by Columbia Law School and the Center for Civilians in Conflict suggests, they happen more than the U.S. government wants to acknowledge.
Errors are not merely devastating for family members and their communities. They also increase radicalization in the affected region and beyond. Drone strikes — if unchecked — could ultimately create more terrorists than they eliminate.
Courts should thus be able to review lethal strikes to determine whether they are consistent with the Constitution and with the 2001 Authorization for Use of Military Force, which requires that such uses of force be consistent with the international laws of war. If a drone strike satisfies these requirements, the suit should be dismissed.
Government officials, moreover, would be liable only if they violate clearly established legal standards. This limitation helps avoid chilling the use of drones where the law is uncertain, while still deterring their misuse.

PQD

Invocation of the political question doctrine in national security contexts unravels attempts to apply civilian justice to the military—line drawing fails, only a clear signal solves

Vladeck 12 (Stephen, Professor of Law and Associate Dean for Scholarship, American University,
Washington College of Law, "THE NEW NATIONAL SECURITY CANON," June 14, http://www.aulawreview.org/pdfs/61/61-5/Vladeck.website.pdf)
But if what in fact has taken place over the last decade is a testament
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—not just those actions undertaken in ostensibly in defense of the nation.

And, the plan’s repudiation of the PQD will not be limited to targeted killing—judges will be able to apply that rationale in future cases

Tokaji 12 (Daniel, Professor in Law at The Ohio State University Michael E. Moritz College of Law, with Owen Wolfe†, BAKER, BUSH, AND BALLOT BOARDS: THE FEDERALIZATION OF ELECTION ADMINISTRATION, http://law.case.edu/journals/lawreview/documents/62CaseWResLRev4.3.Tokaji.pdf-http://law.case.edu/journals/lawreview/documents/62CaseWResLRev4.3.Tokaji.pdf)
Bush can be understood as the new Baker, in the sense that it opened
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, even in the absence of a binding decision on the merits.72

Scenario 1- Civil Military Relations

Judicial review and ending deference is key to CMR- executive and congressional action is not sufficient to check the military

Gilbert, Lieutenant Colonel, 98 (Michael, Lieutenant Colonel Michael H. Gilbert, B.S., USAF Academy; MSBA, Boston University; J.D., McGeorge School of Law; LL.M., Harvard Law School. He is a member of the State Bars of Nebraska and California. "ARTICLE: The Military and the Federal Judiciary: an Unexplored Part of the Civil-Military Relations Triangle," 8 USAFA J. Leg. Stud. 197, lexis)
In February 1958, Army Master Sergeant James B. Stanley, who was stationed
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judiciary is not ensuring that the balance of power is not being abused.

CMR erosion collapses hegemony 
Barnes, Retired Colonel, 11 (Rudy Barnes, Jr., BA in PoliSci from the Citadel, Military Awards: Legion of Merit, Meritorious Service Medal, Army Commendation Medal, Army Achievement Medal with Oak Leaf Cluster, Army Reserve Component Achievement Medal, National Defense Service Medal, "An Isolated Military as a Threat to Military Legitimacy," http://militarylegitimacyreview.com/?page_id=159)
The legitimacy of the US military depends upon civil-military relations. In Iraq
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help avoid an isolated military and insure healthy civil-military relations.

Loss of mission effectiveness risks multiple nuclear wars 
Kagan and O’Hanlon 7 Frederick, resident scholar at AEI and Michael, senior fellow in foreign policy at Brookings, "The Case for Larger Ground Forces", April 2007, http://www.aei.org/files/2007/04/24/20070424_Kagan20070424.pdf
We live at a time when wars not only rage in nearly every region but
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Such a measure is not only prudent, it is also badly overdue.

Scenario 2—-Japan

Japan currently models the U.S. political question doctrine – that stifles judicial review and results in expansive interpretations of Japanese war powers in Article 9

Martin 8/4/12 (Craig, associate professor of Law at the Washburn University School of Law, and frequent visiting lecturer at Osaka University Graduate School of Law and Politics, "Why Japan should amend its war-renouncing Article 9" http://www.japantimes.co.jp/opinion/2012/08/04/commentary/why-japan-should-amend-its-war-renouncing-article-9/~~23.Uu2DIxCwIax-http://www.japantimes.co.jp/opinion/2012/08/04/commentary/why-japan-should-amend-its-war-renouncing-article-9/)
Such constitutional war powers provisions, which date back to the U.S.
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. In short, Article 9 must be amended to help preserve it.

Japanese court activism checks executive re-interpretation of article 9– only this prevents regional misperceptions that spark conflict

Martin 7 (Craig, associate professor of Law at the Washburn University School of Law, and frequent visiting lecturer at Osaka University Graduate School of Law and Politics, "The Case Against "Revising Interpretations" of the Japanese Constitution" http://japanfocus.org/-craig-martin/2434-http://japanfocus.org/-craig-martin/2434)
It is not within the authority of the executive to mandate interpretations of the Constitution
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very destabilizing for the region, and inimical to Japan’s national security interests. 

Re-interpreting article 9 results in war China over the Senkaku islands – historical factors and economic interdependence doesn’t check

Carpenter 13 (Ted, senior fellow at the Cato Institute, June 17 2013, "Japan’s Containment Strategy against China", CATO, http://www.cato.org/publications/commentary/japans-containment-strategy-against-china-http://www.cato.org/publications/commentary/japans-containment-strategy-against-china)

Japan has begun to play a more vigorous role in East Asia’s security affairs,
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itself in the middle of a growing power struggle between Japan and China.

Results in escalation and nuclear war – the U.S. will be drawn in

Eland 12/10/13 (Ivan, senior fellow and director of the center on peace and liberty at the independent institute, Ph.D in Public Policy – George Washington University, "Stay Out of Petty Island Disputes in East Asia" http://www.huffingtonpost.com/ivan-eland/stay-out-of-petty-island-_b_4414811.html-http://www.huffingtonpost.com/ivan-eland/stay-out-of-petty-island-_b_4414811.html) 

One of the most dangerous international disputes that the United States could get dragged into
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, China believes that the United States has chosen sides in the quarrel.

2AC

2AC A2: Circumvention

Ex post review solves circumvention – the executive can’t overcome legitimacy and audience costs when the public knows the court just ruled against him – that’s Hafetz

Fiat solves – even if Obama fights the courts will stand tall since they abrogate the political question doctrine as a result of the plan

Ex Post review constrains executive behavior

Jaffer, Director-ACLU Center for Democracy, 13 (Jameel Jaffer, Director of the ACLU’s Center for Democracy, "Judicial Review of Targeted Killings," 126 Harv. L. Rev. F. 185 (2013), http://www.harvardlawreview.org/issues/126/april13/forum_1002.php)
Since 9/11, the CIA and Joint Special Operations Command (JSOC)
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said that even the mere prospect of judicial review deters error and abuse.

Judicial rulings shape agency norms on the rule of law

Rathod 09 (Jason, Duke University School of Law, J.D, NOT PEACE, BUT A SWORD: NAVY V. EGAN AND THE CASE AGAINST JUDICIAL ABDICATION IN FOREIGN AFFAIRS,  http://scholarship.law.duke.edu/cgi/viewcontent.cgi?article=144726context=dlj)
Reopening a Bivens cause of action could also reshape agency norms. By making pronouncements
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agency attitudes and norms likely to serve as a deterrent for discriminatory actions.

Ex post review won’t get circumvented – there is no deference

Daskal, Prof of National Security Law- Georgetown, 13 (Jennifer, Fellow and Adjunct Professor, Georgetown Center on National Security and the Law, Georgetown University Law Center, ARTICLE: THE GEOGRAPHY OF THE BATTLEFIELD: A FRAMEWORK FOR DETENTION AND TARGETING OUTSIDE THE "HOT" CONFLICT ZONE, April, 2013, 161 U. Pa. L. Rev. 1165, lexis)
That said, there is a reasonable fear that any such court or review board
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Article III courts, 182 are also needed to help further minimize abuse.

2AC T Signature Strikes

We meet-  targeted killing is in the plan – plan text in a vacuum means theres no violation – reasonability first because competing interpretations is a race to the bottm

And targeted killing includes signature strikes with broad standards of imminence – only the plan solves – the interpretations are up in the air 
Guardian 13 ~Jan, translator at the International Monetary Fund, Resident Representative Office in Belarus, "TARGETED KILLINGS: A SUMMARY," http://acontrarioicl.com/2013/02/27/targeted-killings-a-summary/-http://acontrarioicl.com/2013/02/27/targeted-killings-a-summary/~~
Currently there is no legal definition of targeted killings in either international or domestic law
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, remain the incidental result of an operation pursuing other aims).~8~

No link to the DA – the plan reduces standards of imminence that produce de facto signature strikes – the judiciary will spill over – that’s Goldstien and Kwoka

—UQ overwhelms- The new procedures against signature strikes will be institutionalized—result of a year of deliberation to carefully calibrate targeted killing policy, Brennan

WP 13 The Washington Post January 20, 2013  CIA drone strikes in Pakistan to get pass in ’playbook,’ http://articles.washingtonpost.com/2013-01-19/world/36474007_1_drone-strikes-cia-director-playbook
The Obama administration is nearing completion of a detailed counterterrorism manual that is designed to
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largely ad-hoc in the aftermath of the Sept. 11 attacks.

2AC XO CP

Doesn’t solve CMR – the executive conducting self-restraint doesn’t resolve the break in civil accountability from a lack of court oversight – that’s Brooks and Gilbert

Doesn’t solve PQD – court action is critical to abrogate the doctrine – that’s 1AC Vladeck

Doesn’t solve allies – they’re looking for external accountability on part of the executive, the executive will maintain a broad selfserving standard of imminence – that’s Goldstein.

Permutation do both – shields the link to politics and the terror DA since the court would just be enforcing the CP

XOs link to politics

Wetzel-JD Candidate Valpo-7  42 Val. U.L. Rev. 385
NOTE: BEYOND THE ZONE OF TWILIGHT: HOW CONGRESS AND THE COURT CAN MINIMIZE THE DANGERS AND MAXIMIZE THE BENEFITS OF EXECUTIVE ORDERS

C. Framing the Debate: Congress Must Critique Executive Orders in Terms of the
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less likely that an order will be used for Presidential abuse and tyranny.

Executive order counterplan is a voting issue – undermines the literature base the topic was written around, destroys aff ground by using fiat to skirt core solvency comparisons and trivializes topic education by overlimiting the base of affirmatives 

Conditionality is a voting issue – no risk nature of the advocacies skews 2AC strategy and it promotes argumentative irresponsibility killing real world decision-making skills

Doesn’t solve imminence – counterplan doesn’t limit the scope of authority – Greenwald says executive interpretation of imminence makes abuse inevitable and Obama will just circumvent his public declaration anyways – courts check that

Glenn Greenwald 13, J.D. from NYU, award-winning journalist, February 5th, 2013, "Chilling legal memo from Obama DOJ justifies assassination of US citizens," The Guardian, www.theguardian.com/commentisfree/2013/feb/05/obama-kill-list-doj-memo
This memo is not a judicial opinion. It was not written by anyone independent
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judicial review as the means to determine the legality of the president’s conduct.

Not binding- Circumvention is specifically true for executive orders on drones- the executive can secretly change them.

Dreyfuss 12 (Mike Dreyfuss is a Candidate for Doctor of Jurisprudence, "My Fellow Americans, We Are Going to Kill You: The Legality of Targeting and Killing U.S. Citizens Abroad," http://www.vanderbiltlawreview.org/content/articles/2012/01/Dreyfuss_65_Vand_L_Rev_249.pdf)
Notwithstanding any of the above, the President can revoke or modify Executive Order 12
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order to carve out an exception for whatever activities he wished to conduct.

The executive ALREADY claims to do the CP- only real legal codification increases credibility of the program – that’s key to solve our allies advantage

DeFranco 13 (Lenny, Fear Drones Not As High-Tech Killing Machines, But As An Extension Of American Imperialism, Feb 15, http://www.policymic.com/articles/26687/fear-drones-not-as-high-tech-killing-machines-but-as-an-extension-of-american-imperialism/377470)
Quite a few members of Washington’s policy elite are surprised by the backlash that these
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labeling them "military combatants" or by plainly lying about their existence.

XOs get watered down with exceptions during implementation and enforcement

Canestaro-Afghanistan Task Force, CIA-3    26 B.C. Int’l 26 Comp. L. Rev. 1
ARTICLE: American Law and Policy on Assassinations of Foreign Leaders: The Practicality of Maintaining the Status Quo
As an Executive Order, the implementation and enforcement of Executive Order 12333 is left
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reasons, he could conceal it under the shroud of the classification regime.

The court doesn’t solve the aff – rubberstamp

Brighten-Jurisprudence and Social Policy Program, Berkeley-10
’TheWay Ahead’ orThe Status Quo? Why National Security Court Proposals Threaten Judicial Independence A Review of Glenn Sulmasy’s TheNational SecurityCourt System: ANatural Evolution of Justice in an Age of Terror1
http://laworgs.depaul.edu/journals/RuleofLaw/Documents/Brighten20-20final.pdf-http://laworgs.depaul.edu/journals/RuleofLaw/Documents/Brighten - final.pdf
The preceding sections demonstrate that virtually all the foreign and domestic antecedents of Sulmasy’s proposal
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the former.consider that the latter may not obtain without the former.

The plan opens the door to successful challenges of active Sonar through NEPA

Times Tribune 11/24/13
http://thetimes-tribune.com/news/health-science/sonar-tests-hazardous-to-sea-life-1.1589369
Sonar tests hazardous to sea life

Q: I understand the Navy is doing sonar testing and training in the oceans
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green light to use sonar and do weapons testing off the East Coast.

Active Sonar Creates a shockwave that causes hulls of subs to literally collapse

Hyson-Research Director and Co-Founder Sirius Institute-2K
Letter to chief of the marine mammal conservation division of NMFS, 4/3, http://www.interpac.net/~~plntpuna/siriusa/VOD/vod-vol-3No-4.htm)
"Another matter ignored is that TIME REVERSED ACOUSTICS are used….even available in Scientific American."

Another matter ignored is that TIME REVERSED ACOUSTICS are used, as detailed by Dr
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is likely, given the basic principles are even available in Scientific American.

That triggers escalatory accidental war

Wallace-Poli Sci, University of British Columbia-95
Submarine Proliferation and Regional Conflict  
Journal of Peace Research vol 32 no 1
http://www.jstor.org.ezproxy.uky.edu/stable/425469?seq=1

In such circumstances, there are a number of ways in which a shooting war
AND
confusion beneath the waves lead to a full-scale strategic battle above.

Judicial interpretation on NEPA key to human survival

Villmer ’10 (Matthew,- attorney with the law firm of Emmanuel, Sheppard 26 Condon 11 Fl. Coastal L. Rev. 321)
The National Environmental Policy Act (NEPA or the Act) 1 greatly improved United
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adequately protect the environment, humanity will ensure its future on this planet.

2AC SOF CP

Perm do both

Perm – do the counterplan – "targeted killing" does not include Special Forces

Bachmann 13 (Sascha-Dominik, Associate Professor at the University of Bournemouth (UK), research focus on international legal subjects, "Targeted Killings: Contemporary Challenges, Risks and Opportunities", http://jcsl.oxfordjournals.org/content/early/2013/05/31/jcsl.krt007.full)
An early example of ’targeted killing’ in the history of armed conflict can be
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force and to participate in combat operations in a more active role.26

Night raids increase blowback and collapse relations – terrorism is a DA

OSF 11 (Open Society Foundations, with the Liaison Office, "The Cost of Kill/Capture: Impact of the Night Raid Surge on Afghan Civilians", http://www.opensocietyfoundations.org/sites/default/files/Night-Raids-Report-FINAL-092011.pdf)
Increased night raids spark backlash The number of night raids has skyrocketed: publicly available
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the United States, and have complicated long - term strategic partnership discussions.

Counterplan links to the net benefit – Special Forces conduct drone strikes

Currier 13 (Cora, covers national security, previously editorial staff at the New Yorker, "Everything We Know So Far About Drone Strikes", http://www.propublica.org/article/everything-we-know-so-far-about-drone-strikes)
The CIA isn’t alone in conducting drone strikes. The military has acknowledged "direct
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group and the U.S.’s expanded military presence throughout Africa.

Night raids require accountability – perception of impunity decreases effectiveness

OSF 11 (Open Society Foundations, with the Liaison Office, "The Cost of Kill/Capture: Impact of the Night Raid Surge on Afghan Civilians", http://www.opensocietyfoundations.org/sites/default/files/Night-Raids-Report-FINAL-092011.pdf)
The increased number of night raids, with a potential to impact a greater number
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for the entire practice, if not for international forces as a whole. 

No internal link – even if Special Forces conduct targeted killing operations, it’s not their only duty – the plan doesn’t impact counter-prolif missions unless they include legally defined targeted killings

Can’t solve – must be applied equally to all platforms for targeted killing

Chesney 13 (Professor Robert Chesney, Associate Dean for Academic Affairs, University of Texas School of Law, Testimony before the United States House of Representatives Committee on the Judiciary, "Drones and the War on Terror: When Can the United States Target Alleged American Terrorists Overseas?" February 27, 2013, http://www.brookings.edu/~~/media/Research/Files/Testimony/2013/02/2720drones20chesney/Robert20Chesney20Testimony_House20Committee20on20Judiciary_2002272013.pdf)
First, this conversation should focus on the use of lethal force against U.
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to the use of lethal force without specifying particular weapons or weapons platforms.,

Special operation forces fail – they are under-resourced

Robinson 13 (Linda, adjunct senior fellow for U.S. national security and foreign policy at the Council on Foreign Relations (CFR) "The Future of U.S. Special Operations Forces" Council of Foreign Relations Report - Council Special Report No. 66) 

OPERATIONAL SHORTFALLS The most glaring and critical operational deficit is the fact that, accord
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have been unable to fulfill their role of planning and conducting special operations.

No counter-value – the US. Would never do it

2AC Soliciter General

Non intrinsic 

====Link N/U – district court just ruled on detention which is a major loss for Obama and invites new national security suits====
Savage 2/11 (Charlie, "Appeals Court Allows Challenges by Detainees at Guantánamo Prison", http://www.nytimes.com/2014/02/12/us/appeals-court-clears-way-for-guantanamo-challenges.html)
WASHINGTON — A federal appeals court ruled Tuesday that judges had the power to oversee
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-fed. A military spokesman declined to confirm or deny that count.

judicial assertiveness into terrorism policy high now

Kent, Constitutional Law prof, 10-8-13 (Andrew, Faculty Advisor-Center on National Security at
Fordham Law School, prof @ Fordham University School of Law- constitutional law, foreign relations law, national security law, federal courts and procedure, "ARE DAMAGES DIFFERENT?: BIVENS AND NATIONAL SECURITY," October 8, http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2330476)
But the refusal to allow Bivens damages remedies in these national security cases is exceptional
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terror are missing the larger picture of unprecedented judicial assertiveness and effectiveness.16

Capital doesn’t matter – ideology and merit

Coy 2012
Peter, Anthony Kennedy, the Justice Everyone Is Watching, BusinessWeek, http://www.businessweek.com/articles/2012-06-27/anthony-kennedy-the-justice-everyone-is-watching

In Congress, log-rolling is business as usual: If you vote for
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Feldman never made such a strong claim; he came close, though.)

Economic collapse doesn’t cause war

Bazzi et al., UCSD economics department, 2011
(Samuel, "Economic Shocks and Conflict: The (Absence of?) Evidence from Commodity Prices", November, http://www.chrisblattman.com/documents/research/2011.EconomicShocksAndConflict.pdf?9d7bd4-http://www.chrisblattman.com/documents/research/2011.EconomicShocksAndConflict.pdf?9d7bd4, ldg)

VI. Discussion and conclusions A. Implications for our theories of political instability and
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a lower threshold of evidence for initially significant results than ambiguous ones.20

2AC Iran Politics

No link – we’re the DC Court

Jaffer, Director-ACLU Center for Democracy, 13 (Jameel Jaffer, Director of the ACLU’s Center for Democracy, "Judicial Review of Targeted Killings," 126 Harv. L. Rev. F. 185 (2013), http://www.harvardlawreview.org/issues/126/april13/forum_1002.php)

This is why the establishment of a specialized court would more likely institutionalize the existing
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S. citizens whom the CIA and JSOC killed in Yemen in 2011. 

Court action shields Obama from controversy

Pacelle, Prof-Political Science-Georgia Southern, 2002  (Richard L., Prof of Poli Sci @ Georgia Southern University, The Role of the Supreme Court in American Politics: The Least Dangerous Branch? 2002 p 175-6)
The limitations on the Court are not as significant as they once seemed. They
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but turn the focus to judicial capacity, the subject of the next chapter

And Obama won’t backlash

A. distancing himself from the program now

McDuffee 1/16 (Allen, "Congress Blocks Plan to Transfer Drone Control From CIA to Pentagon", http://www.wired.com/dangerroom/2014/01/drone-strikes-likely-stay-cia/)
An effort by President Obama to transfer America’s lethal, highly classified drone program from
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the internal checks and balances involved in U.S. drone strikes."

B. he wants restrictions

Baker 2013
(Peter, , New York Times, "Pivoting From a War Footing, Obama Acts to Curtail Drones", 5-23, http://www.nytimes.com/2013/05/24/us/politics/pivoting-from-a-war-footing-obama-acts-to-curtail-drones.html?pagewanted=all26_r=0-http://www.nytimes.com/2013/05/24/us/politics/pivoting-from-a-war-footing-obama-acts-to-curtail-drones.html?pagewanted=all26_r=0, ldg)

WASHINGTON — Nearly a dozen years after the hijackings that transformed America, President Obama
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threat closely resembles the types of attacks we faced before 9/11."

PC fails and Winners win

Hirsh ’13 (National Journal chief correspondent, citing various political scientists, Michael, former Newsweek senior correspondent, "There’s No Such Thing as Political Capital," National Journal, 2-9-13, www.nationaljournal.com/magazine/there-s-no-such-thing-as-political-capital-20130207, accessed 2-8-13, mss~
The idea of political capital—or mandates, or momentum—is so poorly
AND
. Or as Ornstein himself once wrote years ago, "Winning wins."
In theory, and in practice, depending on Obama’s handling of any particular issue
AND
right. He did. (At least until Vietnam, that is.)

Court link non-unique – Obama fighting health care litigation

Bluestein 3/25 (Adam, "Could U.S. District Court Banish Obamacare Penaties?", http://www.inc.com/adam-bluestein/obamacare-halbig-sebelius.html)
With the deadline for enrollment in health plans fast approaching, the legal challenges to
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named plaintiffs and would not be enough to strike down the IRS rule.

Losers lose non-unique – Obama lost on foreign policy IMF reforms

Weisman 3-26 (Jonathan, Senate Democrats Drop I.M.F. Reforms From Ukraine Aid, http://www.nytimes.com/2014/03/26/world/europe/senate-democrats-drop-imf-reforms-from-ukraine-aid-package.html?_r=0)
Senate Democrats, bowing to united House Republican opposition, dropped reforms of International Monetary
AND
had signaled that the administration would push for the monetary fund language separately.

National security link non-unique – Ukraine

Huntley 3/24 (Steven, "Obama fails to sell foreign policy",  http://www.suntimes.com/news/huntley/26412108-452/obama-fails-to-sell-foreign-policy.html)
President Barack Obama is at the Hague trying to build unity among European allies for
AND
pleasure from such disarray. Strength, like charity, begins at home.

Every effort for tougher moves on Iran has failed – the effort is over

Shapiro 3/26 (Dmitiry, "Senate, House differ in letters supporting Obama administration on Iran talks", http://www.jns.org/latest-articles/2014/3/26/senate-house-differ-in-letters-supporting-obama-administration-on-iran-talks~~23.UzMhi_ldX00)
An analysis of recent letters sent by members of the U.S. Senate
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address these concerns as part of a broader strategy of dealing with Iran." 

Obama cannot resolve the talks because congress won’t permanently remove existing sanctions – prevents any serious concessions from Iran

Cullis 3/24 (Tyler, Policy Associate at the National Iranian American Council (NIAC), "Will US Sanctions Scuttle a Deal With Iran?", http://iranian.com/posts/view/post/30246)
Less discussed, however, is what will need to happen in the US should
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as a final bar to a secure and stable nuclear agreement with Iran.

Russia collapses the talks – they’ll use it as leverage over Ukraine

Gladstone 3/20 (Rick, "Russia Hints at Using Iran Talks as Leverage", http://www.nytimes.com/2014/03/21/world/middleeast/russia-hints-at-using-iran-talks-as-leverage.html)
Despite public assurances by Western officials, concern is growing that the escalating animosity between
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because all the events happening in the world are not under our control."

Talks fail – Iranian right to enrich uranium and fissures between the P5+1 countries

NST 3/27 (New Strait Times, "Iran nuclear deal proves elusive", http://www.nst.com.my/world/iran-nuclear-deal-proves-elusive-1.535445)
Foreign ministers from world powers struggled Saturday to nail down a landmark nuclear deal with
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momentum going, the standoff could enter a new, potentially dangerous phase.

 Since being elected in June, Iranian President Hassan Rouhani has raised big hopes
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Iran if there is no deal — or one seen as too soft.

1AR

case

Studies

Torts do deter action- Schwartz concedes

Schwartz 95 (Gary T., Ph.D in law @ UCLA School of Law, "REALITY IN THE ECONOMIC ANALYSIS OF TORT LAW: DOES TORT LAW REALLY DETER?" 42 UCLA L. Rev. 377 1994-1995, Accessed @ HeinOnline)
Ever since the early 1970s, economically-minded scholars have advanced a deterrence theory
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a major bearing on any public-policy review of the tort system.

SG

DC

2. Case won’t make it to the Supreme Court - the DC circuit will have last word

Wheeler-Brookings, Governance Studies-5/22/13 http://www.acslaw.org/acsblog/all/u.s.-court-of-appeals-for-the-district-of-columbia-circuit?page=2 Scuttling a President’s ’Popular Imprint’ on the Judiciary
 
While the Supreme Court attracts the lion’s share of attention from the press and the
AND
makes a ruling, it is almost guaranteed to have the last word. 

And because of the D.C. Circuit’s jurisdiction it has the last word
AND
actions. For circuit courts overall, that number is only 15 percent.

3. Even if it gets appealed, the appeals process can take a whole year—after their disad

Wisenberg 08 (Adrienne U. is Of Counsel in the DC office of Barnes 26 Thornburg, LLP, Federal Criminal Appeals: 10 Things You Should Know, http://corporate.findlaw.com/litigation-disputes/federal-criminal-appeals-10-things-you-should-know.html)
But no technology can make the central task of the appellate process go faster. The process requires that individual judges read, research, and consider the arguments. Judges are obviously human beings, and human beings can only work so many hours a day. To be sure, federal appellate judges have staffs of clerks and assistants to help them, and many courts also employ large groups of attorneys, called staff attorneys, who process the more routine cases and present them in truncated form to the judges. Still, the bottom line is that people are handling your appeal, and they are handling hundreds of others too, so it takes a while to resolve these cases. The slow nature of the federal criminal appeals process is a fact of life. I’ve been dealing with this fact of life for the balance of my career. I’ve observed that clients are generally amazed-even after I’ve warned them from the start regarding the slowness of the process-how long these cases take. It is important, however, for the development of American jurisprudence, that every case be carefully researched and considered. After all, our legal system is based on the development of precedent, so the research that goes into a particular decision is the most critical part of every case. The process simply takes time. When I tell clients the process is slow, they want to know just how slow. The Administrative Office of the U.S. Courts produces detailed annual statistics of each federal court’s caseload. You can check out those numbers at http://www.uscourts.gov/cgi-bin/cmsa2007.pl These statistics reveal that cases on appeal in the federal system generally take right around a year. If you are in a big rush, you have the best chance of a "quick" decision if you happen to be in the Fourth Circuit, which covers Maryland, North Carolina, South Carolina, Virginia and West Virginia. In 2007, the Fourth Circuit’s median time for the "life" of an appeal (from notice of appeal to decision) was 8.8 months. The slowest of the 12 federal circuits in 2007 was the Ninth Circuit, which covers California, Nevada, Washington, Oregon, Idaho and Montana, where the median time for resolution was 17.4 months.

UQ

Court wading into detention SG has to defend Obama’s highly politicized healthcare cases

Obama fights it now and if they fail, it will reopen debate

Cannon 3/25 (Michael F., "Hobby Lobby isn’t today’s most important case: Column", http://www.usatoday.com/story/opinion/2014/03/25/obamacare-irs-halbig-sebelius-health-care-insurance-column/6830651/)
The Obama administration has acquired a reputation for unilaterally rewriting laws (to say nothing
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considered making tax credits dependent upon whether a state participated in the Exchanges."

Link

—-No link –

A. Meritless cases will be dismissed

Reinert, Law prof-Cardozo, 10 (Alexander A. Reinert, Assistant Professor of Law, Benjamin N. Cardozo School of Law; counsel of record for Javaid Iqbal in Ashcroft v. Iqbal,  MEASURING THE SUCCESS OF BIVENS LITIGATION AND ITS CONSEQUENCES FOR THE INDIVIDUAL LIABILITY MODEL, http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1475356)
Several principles accompany the qualified immunity doctrine which also stem from the Court’s concern about
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dismiss cases prior to discovery if certain allegations were deemed not plausible.89

B. Inherent checks

Harvard Law Review 79 ("Case Comments – Bivens Actions for Equal Protection Violations: Davis  v. Passman", Vol. 92, No. 3, Jan. 1979, Pg. 755 – 756)
Moreover, contrary to the majority’s apprehensions, "extend- ing" Bivens remedies
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mechanism or take steps to curb the lawless acts of federal officials.7 

C. Limited amount of cases

Chesney 13 (Professor Robert Chesney, Associate Dean for Academic Affairs, University of Texas School of Law, Testimony before the United States House of Representatives Committee on the Judiciary, "Drones and the War on Terror: When Can the United States Target Alleged American Terrorists Overseas?" February 27, 2013, http://www.brookings.edu/~~/media/Research/Files/Testimony/2013/02/2720drones20chesney/Robert20Chesney20Testimony_House20Committee20on20Judiciary_2002272013.pdf)

In theory, a judicial review mechanism need not be limited to the targeting of
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the judiciary or the burdens that might be placed on the government itself.

Obama DA

Link

Obama wont backlash to court decision

Altmann 2007 (Jennifer Greenstein, assistant editor at the Princeton Weekly Bulletin, News At Princeton, http://www.princeton.edu/main/news/archive/S18/17/72G06/?section=featured)
In his new book, "Political Foundations of Judicial Supremacy: The Presidency,
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Supreme Court would strike it down as unconstitutional, which it later did.

studies prove losers lose in the context of courts is wrong

Sanger-Katz 12 (Margot, healthcare correspondent for the National Journal, Poll: No Blame if Court Nixes Health Care Law, June 5, http://www.nationaljournal.com/daily/poll-no-blame-if-court-nixes-health-care-law-20120605)
Even though President Obama fought for passage of the landmark 2010 health care law,
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that the ruling would have no impact on their view of the president.

c.) Supreme Court is crushing Obama left and right

McLaughlin, Washington Times, 6/26/13 (Seth, "Obama administration has lost two-thirds of Supreme Court cases", http://www.washingtontimes.com/news/2013/jun/26/obama-administration-lost-two-thirds-of-cases-duri/?page=all)
President Obama celebrated the Supreme Court’s decisions Wednesday on gay marriage, but overall it
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of today’s cases, but their arguments were not accepted by the court."

Their backlash arguments are wrong—Obama is Teflon 
Weigant, political commentator, 13
(Chris Weigant, "Obama’s Teflon Presidency?," http://www.huffingtonpost.com/chris-weigant/obamas-teflon-presidency_b_3309293.html, ldg)
Is Barack Obama our nation’s second "Teflon president"? The question has occurred to
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tight range. I don’t know what else to call that but Teflon. 

Thumper

Losers lose non-unique – Ukraine – recent Obama interventions don’t overcome congressional backlash

McManus 3/23/14 (Doyle, staffwriter, "What would a Republican president do about Ukraine?" http://www.latimes.com/opinion/commentary/la-oe-mcmanus-column-rebublicans-ukraine-20140323,0,4303362.column~23axzz2x5kPkD4i-http://www.latimes.com/opinion/commentary/la-oe-mcmanus-column-rebublicans-ukraine-20140323,0,4303362.column) 

Here’s what the United States has done so far in an attempt to deter further
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fissures within the party, and they’re unlikely to be healed before 2016.

Ukraine is a loss for Obama now even with responses

Lowery 3/17/14 (Wesley, covers Capitol Hill for The Fix and Post Politics, "Lawmakers praise sanctions, say Obama must go further to curb Russian aggression" http://www.washingtonpost.com/blogs/post-politics/wp/2014/03/17/lawmakers-praise-sanctions-say-obama-must-go-further-to-curb-russian-aggression/-http://www.washingtonpost.com/blogs/post-politics/wp/2014/03/17/lawmakers-praise-sanctions-say-obama-must-go-further-to-curb-russian-aggression/) 

Several members of Congress voiced support for sanctions against Russian leaders announced by President Obama
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leverage and flexibility to deal with the still-fluid situation moving forward.

No unique link – Ukraine is a loss for Obama

Curry 3/2/14 (Tom, staffwriter, "GOP Members of Congress Slam Obama Response to Ukraine Crisis" http://www.nbcnews.com/storyline/ukraine-crisis/gop-members-congress-slam-obama-response-ukraine-crisis-n42506-http://www.nbcnews.com/storyline/ukraine-crisis/gop-members-congress-slam-obama-response-ukraine-crisis-n42506) 

Two prominent congressional Republicans slammed President Barack Obama’s handling of the Ukraine crisis Sunday and
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." Rogers called Obama’s advisors "naïve" in their thinking about Russia.

Deal fail

—negotiations fail – fundamental differences in what each country thinks the agreement is – makes Iran nuclearization and the impact inevitable

Rubin 1/24 (Jennifer, The Washington Post, "Iran negotiations train wreck ahead", http://www.washingtonpost.com/blogs/right-turn/wp/2014/01/24/iran-negotiations-train-wreck-ahead/)
The last time a liberal (Sen. Max Baucus of Montana) warned about
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need to act in its own defense and in defense of the West.

Tournament: GSU | Round: Octas | Opponent: Kansas CB | Judge:
*1AC
Same as doubleoctofinals 

*2AC
2AC T Restriciton 

Judicial review over targeted killing is an on face restriction of executive authority
McKelvey-JD Candidate Vandy-11     44 Vand. J. Transnat'l L. 1353
NOTE: Due Process Rights and the Targeted Killing of Suspected Terrorists: The Unconstitutional Scope of Executive Killing Power

B. The Aulaqi Case in Federal Court In August 2010, Nasser al-
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outcome and its potential implications on due process rights and executive power. 60
We meet – due process rights are judicial restrictions on executive authority
Al-Aulaqi Motion to Dismiss Memo 2013 (PLAINTIFFS’ OPPOSITION TO DEFENDANTS’ MOTION TO DISMISS, files February 5, 2013)

Despite Defendants’ attempt to distinguish the habeas cases, Defs. Br. 12,
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rev’d on other grounds by Boumediene, 553 U.S. 723.
Counter-interpretation – authority is distinct from policy – authority is a question of jurisdiction – the plan restricts executive jurisdiction by applying judicial due process
Dictionary.com no date cited
http://dictionary.reference.com/browse/authority

au•thor•i•ty uh-thawr-i-tee, uh-thor- Show IPA noun, plural au•thor•i•ties. 1. the power to determine, adjudicate, or otherwise settle issues or disputes; jurisdiction; the right to control, command, or determine. 2. a power or right delegated or given; authorization: Who has the authority to grant permission?
Prefer our interpretation –
A. Over limits – core cases revolve around regulating executive behavior, not banning specific policies – their interpretation eliminates the role of topic literature across the areas
B. Aff ground – “Ban the Policy” affs are solved by agent counterplans – err aff because the range of good affs is small this year and the neg is strapped with many generics
Reasonability – competing interpretations crushes substance privileging T debates over war powers – good is good enough when our aff is predicted and grounded in the literature
2AC T Authority
---We meet judicial review is a restriction directly on authority – cross apply al aulawki motion to dismiss
---The “war powers authority” of the President is his Commander-in-Chief authority
Gallagher, Pakistan/Afghanistan coordination cell of the U.S. Joint Staff, Summer 2011
(Joseph, “Unconstitutional War: Strategic Risk in the Age of Congressional Abdication,” Parameters, http://strategicstudiesinstitute.army.mil/pubs/parameters/Articles/2011summer/Gallagher.pdf)

First, consider the constitutional issue of power imbalance. Central to the Constitution is
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—those who would ultimately sacrifice their blood and treasure in the effort.
---Their interpretation either means we are the only topical targeted killing affirmative or there are no targeted killing affs-you should Err aff---excluding the most popular area in the topic would destroy aff ground which is already constrained by agent counterplans.
Heidt-Guy who debated with Fitzmier and brother of the guy whose team reads targeted killing-13
"A Memorandum on the Topic Area.pdf"
http:www.cedadebate.org/forum/index.php?topic=4846.0~ 

Voting for restrict presidential war power establishes a very narrow topic – commander in chief
AND
since the president never had the power to act in the first place).
---Judicial review on targeted killing restricts war power authority-AUMF
McKelvey-JD Candidate Vandy-11     44 Vand. J. Transnat'l L. 1353
NOTE: Due Process Rights and the Targeted Killing of Suspected Terrorists: The Unconstitutional Scope of Executive Killing Power bcvx

In its brief in response, the DOJ argued that the President's power to conduct
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overbroad and inaccurate interpretations of the AUMF and the President's constitutional war powers.
---Judical restrictions on war powers include constitutional rights protections
Steele 76 (Sr. Dist. Judge Steel, Kovach v. Middendorf  424 F.Supp. 72, 76 -77 (D.C.Del. 1976)), from a 1976 case from a federal trial court in Delaware)
Defendants argue that in both its two year and four year aspects this case presents
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.Ct. 570, 75 L.Ed. 1302 (1931)
The Violation is  guesswork---the executive keeps it secret---the fact that the legal justification is secret means they moot the entire targeted killing area since the government hasn’t explicitly told the public.
Judicial review places limits on executive authority
Jaffer, Director-ACLU Center for Democracy, 13 (Jameel Jaffer, Director of the ACLU's Center for Democracy, “Judicial Review of Targeted Killings,” 126 Harv. L. Rev. F. 185 (2013), http://www.harvardlawreview.org/issues/126/april13/forum_1002.php)
Since 9/11, the CIA and Joint Special Operations Command (JSOC)
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said that even the mere prospect of judicial review deters error and abuse.
This is at best an extra topicality argument-the plan can only apply to targeted killing that draws authority from war powers-extra topicality isn’t a voting issue-at worst this just clarifies the meaning of the plan. 

2AC A2: Congress Remedy
The plan solves the internal net benefit – it forces the executive to comply because the use of REDRESS and a Bivins like remedy requires compensation
And THE PRESIDENT WILL NEVER VIOLATE A BIVINS REMEDY BECAUSE HE’LL BE DETERRED FROM MAKING FLAWED TARGETING DECISIONS – plan solves alone
Jaffer, Director-ACLU Center for Democracy, 13 (Jameel Jaffer, Director of the ACLU's Center for Democracy, “Judicial Review of Targeted Killings,” 126 Harv. L. Rev. F. 185 (2013), http://www.harvardlawreview.org/issues/126/april13/forum_1002.php
Second, judicial engagement with the targeted killing program does not actually require the establishment
AND
judiciary to do what the Constitution already empowers and obliges it to do. 

Permutation do the counterplan – it’s not competitive and it’s plan plus – the plan says we should conduct judicial review for targeted killing through utilization of due process – they just attach that Congress specifies the particular remedy to the court
Permutation do both – that shields the link
Sheldon, Prof-Political Science, 98 (Charles Sheldon, Department of Political Science, Washington State University, “THE CHOICES JUSTICES MAKE,” http://www.bsos.umd.edu/gvpt/lpbr/subpages/reviews/epstknig.htm)
To confirm strategic behavior the authors look for "distinct" and "discrete"
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that arise. Also the endnotes provide a valuable bibliography for further study.
No solvency –
Congress cant effectively direct judicial review-APA proves
Grinsinger-Prof History NU-12
The Unwieldy American State: Administrative Politics Since the New Deal p.81 

Congress was at least discontented with certain judicial practices. As the Senate Judiciary Committee
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also now have been expressed, however opaquely, in statutory flapdoodle."104

The court will ignore the remedy
Devins, Law Prof- WilliamandMary, 12 (Neal, Professor of Law and Professor of Government,  William and Mary Law School, PARTY POLARIZATION AND JUDICIAL REVIEW:  LESSONS FROM THE AFFORDABLE CARE ACT†, http://www.law.northwestern.edu/lawreview/v106/n4/1821/LR106n4Devins.pdf)
Lawmakers have little incentive to independently interpret the   Constitution. In particular, while all
AND
to interpret the Constitution but,  instead, defer to the courts.72

The executive wont ignore the counterplan – he’ll just fight the statuatory restriction in court to get his way
McKelvey-JD Candidate Vandy-11     44 Vand. J. Transnat'l L. 1353
NOTE: Due Process Rights and the Targeted Killing of Suspected Terrorists: The Unconstitutional Scope of Executive Killing Power

Alternatively, Congress could pass legislation that explicitly prohibits the targeted killing of Americans unless
AND
of targeted killing would thus permanently extinguish the concerns over targeted killing. 243

--No net benefit – congressional checks will be abandoned in times of crisis – means the counterplan necessitates future court action
Katyal 13 (Neal Kumar, Georgetown University Law Center, review of Jack Goldsmith’s Power and Constraint: The Accountable Presidency After 9/11, “Book Review: Stochastic Constraint”, 126 Harv. L. Rev. 990-1010 (2013))

He identifies several mechanisms Congress has established and the Executive has self-imposed to
AND
of stage three and allow a quick exit from stage two’s unilateral regime.

Public won’t trust congress – perception of corruption
Sager 6/16/2013 (Josh, “Congress’s Public Opinion Problem”, http://theprogressivecynic.com/2013/06/16/congresss-public-opinion-problem/)
According to a recent Gallup poll, the United States Congress currently has a 10
AND
and the perception of corruption is here to stay for the foreseeable future.
The counterplan doesn’t solve judicial independence because you’re forcing the judicial branch to go second and relegate their authority to Congress and the executive  - means cant solve Russia – that’s an external nuclear war DA
Strong judiciary sends a world signal – entrenches the democratic peace theory and sets a precedent for emerging democracies – makes war impossible
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.

Absent this, democratic backsliding causes great power war
Azar Gat 11, the Ezer Weizman Professor of National Security at Tel Aviv University, 2011, “The Changing Character of War,” in The Changing Character of War, ed. Hew Strachan and Sibylle Scheipers, p. 30-32
Since 1945, the decline of major great power war has deepened further. Nuclear
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, they may vary less than seemed likely only a short while ago.

And only judicial independence solves hegemony
US leadership durable and effective—judicial action is critical – lack of legitimacy causes a collapse of power which causes war
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.

Conditionality is a voting issue – no risk nature of conditional worlds undermines 2AC strategy through contradiction and time investment and results in argumentative irresponsibility that destroys decision-making skills 

2AC Bond
--District court controversial now—EPA rulings
Adler, prof of law at Case Western Reserve University, 8/18/13 (Jonathan H., Director of the Center for Business Law and Regulation, JD from George Mason, “Is the DC Circuit a “Broken Circuit”?”, http://www.volokh.com/2013/08/18/is-the-d-c-circuit-a-broken-circuit/)
Earlier this summer, the Environmental Law Institute’s Environmental Forum featured a cover story on
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It provides more useful background on the court and the controversy it engenders.

---targeted killing restrictions now- saying the CIA cannot deny its involvement in the drone program
Jaffer 13 (Jameel Jaffer, Deputy Legal Director, ACLU, “What the Government Should Disclose About Its Targeted Killing Program,” https://www.aclu.org/blog/national-security/what-government-should-disclose-about-its-targeted-killing-program)
The U.S. Court of Appeals for the D.C. Circuit
AND
to a fiction of deniability that no reasonable person would regard as plausible."

--Court ruling against Obama commander-in-chief powers now—Yucca and immigration
Judicial Watch 8-14 (Fed Appeals Court Rules Obama is “Flouting the Law”, http://www.judicialwatch.org/blog/2013/08/fed-appeals-court-rules-obama-is-flouting-the-law/)
A federal appellate court has blasted President Obama for using executive authority to ignore the
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was heard, ruled that the policy is “contrary to congressional mandate.”

No link- the plan would likely be a district court ruling
Jaffer, Director-ACLU Center for Democracy, 13 (Jameel Jaffer, Director of the ACLU's Center for Democracy, “Judicial Review of Targeted Killings,” 126 Harv. L. Rev. F. 185 (2013), http://www.harvardlawreview.org/issues/126/april13/forum_1002.php)

This is why the establishment of a specialized court would more likely institutionalize the existing
AND
whose constitutional rights have been infringed but also the obligation to do so.

The Court decides each case on the facts, not based on political calculations.
Rosen 12 (Jeffrey, legal affairs editor of The New Republic, “Welcome to the Roberts Court: How the Chief Justice Used Obamacare to Reveal His True Identity,” June 29, http://www.newrepublic.com/blog/plank/104493/welcome-the-roberts-court-who-the-chief-justice-was-all-along#)
Of course, it didn’t all come down to judicial temperament. In the most
AND
a memorable example of what it means to be a successful Chief Justice.

Capital not finite- they can build it up again.
Balkin, constitutional law prof-Yale, 11 (JM, Knight Professor of Constitutional Law and the First Amendment, Director, The Information Society Project at Yale Law School,  Constitutional Redemption, google books, p 80-1)
Nor are the tragic heroes judges or members of the Supreme Court who make unwise
AND
. It is not the stuff of tragedy. At least not yet.
Winners win --- judicial review boosts court capital
Little 00 (Laura, Professor of Law – Temple University, Beasley School of Law, November, 52 Hastings L.J. 47, Lexis)
Other scholars bolster Redish's position by pointing out that judicial review of both federalism and
AND
over to guide men's actions so long as the system worked well enough"). 

Bond will win now – federalism concerns.
Ramsey 9-9-13
Michael D. Ramsey is Professor of Law and Director of International and Comparative Law Programs at the University of San Diego School of Law Another Notable Amicus Brief in Bond v. United States http://blog.tenthamendmentcenter.com/2013/09/another-notable-amicus-brief-in-bond-v-united-states/#.UjVEPMZJOSo

In noting the principal amicus briefs in Bond v. United States, I overlooked
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do that is to read the treaty narrowly not to reach local conduct.

Bond doesn’t matter
Ku 2013
Julian, Will Bond v. United States Matter?, Professor of Law and Faculty Director of International Programs @ Yale, http://opiniojuris.org/2013/01/19/will-bond-v-united-states-matter/

At first glance, it seems an important and fascinating case because it is the
AND
-execution route to avoid future Bond-like challenges to their treaties.

2AC Politics
No link – court action shields Obama from controversy
Pacelle, Prof-Political Science-Georgia Southern, 2002  (Richard L., Prof of Poli Sci @ Georgia Southern University, The Role of the Supreme Court in American Politics: The Least Dangerous Branch? 2002 p 175-6)
The limitations on the Court are not as significant as they once seemed. They
AND
turn the focus to judicial capacity, the subject of the next chapter.
More evidence – Obama doesn’t get the blame from court action
Sanger-Katz 12 (Margot, healthcare correspondent for the National Journal, Poll: No Blame if Court Nixes Health Care Law, June 5, http://www.nationaljournal.com/daily/poll-no-blame-if-court-nixes-health-care-law-20120605)
Even though President Obama fought for passage of the landmark 2010 health care law,
AND
that the ruling would have no impact on their view of the president.

Cross apply the plan is in the DC circuit court – Jaffer ev
Cross apply that district court rulings are controversial now – EPA rulings Yucca mountain and targeted killing restrictions – that’s Adler,Jaffer, and Judicial watch – should’ve triggered the link
Syria and executive incompetence triggers the link even if it’s not on top of the docket
Hunt 9/15/13 (Albert, staffwriter, “Obama’s Syria Meanderings Border on Incompetence” http://www.bloomberg.com/news/2013-09-15/obama-s-syria-meanderings-border-on-incompetence.html) 

President Barack Obama risks getting stuck with a rap as toxic as an unpopular war
AND
the unwillingness of the president to seek counsel beyond his small comfort zone.

No deal – Cruz will prevent passage in the Senate and Obama refuses to compromise
Clark 9/22 (Meredith, “Tick tock, Obama’s not afraid of GOP budget clock”, http://tv.msnbc.com/2013/09/22/obama-we-will-not-negotiate-over-debt-ceiling/)
President Obama pushed back hard Saturday against the most recent round of Republican efforts to
AND
to let him know there would be no negotiations over the debt limit.

Ex post review is popular
Somin 4/23/13 (Illya, Professor of Law at George Mason University School of Law, “Oral Testimony on Drones and Targeted Killing Before the Senate Judiciary Subcommittee on the Constitution, Civil Rights, and Human Rights” http://www.volokh.com/2013/04/23/oral-testimony-on-drones-and-targeted-killing-before-the-senate-judiciary-subcommittee-on-the-constitution-civil-rights-and-human-rights/) 

A video of my and other witnesses’ oral testimony on the use of drones for
AND
from ours. But we nonetheless should try to learn from their experience.
Winners win
Dickerson 1/18/13 (John, Slate, Go for the Throat!, www.slate.com/articles/news_and_politics/politics/2013/01/barack_obama_s_second_inaugural_address_the_president_should_declare_war.single.html)

On Monday, President Obama will preside over the grand reopening of his administration.
AND
the party that will leave it, at least temporarily, in disarray. 

Political capital fails to influence the agenda
Hughes 9/11(Brian, Washington Examiner, “Syria push imperils Obama's fall agenda,” http://washingtonexaminer.com/syria-push-imperils-obamas-fall-agenda/article/2535611)

The Syria debate highlighted tensions between the president and Democratic lawmakers, with many of
AND
, forcing the Senate to vote first on cutting money for healthcare reform.

Debt ceiling won’t collapse the economy - empirics
Michael Tanner 11, National Review, “No Surrender on Debt Ceiling”, Jan 19, http://www.nationalreview.com/articles/257433/no-surrender-debt-ceiling-michael-tanner
Of course the Obama administration is already warning of Armageddon if Congress doesn’t raise the
AND
country. Our economy will not long survive government spending at those levels.

Tournament: GSU | Round: 3 | Opponent: Oklahoma CL | Judge: Bricker
*1AC
Contention One-Endless War
The United States Government justifies its targeted killing operations with the theory of Just War, the idea that there can be moral justifications for conflict and moral ways of waging war.  As the United States Government rationalizes its current wars, it has conversely opened a space for challenging the entire foundation of State killing. Interrogating the justifications for targeted killing operations exposes the inherent contradictions in just war theory.
Provost-Smith 13 (Patrick, former Assistant Professor of the History of Christianity at Harvard Divinity School, Ph.D. in history from Johns Hopkins; “A Drone’s Eye View: Global Anti-Terrorism and the Existential Crisis of Just War Theory,” in Journal for Cultural and Religious Theory vol. 12 no. 3, Spring  2013)
As drones become the new centerpiece of counter-terrorism and counterinsurgency warfare, questions
AND
a millennium before St. Augustine’s own influential writings on the topic.14
Highlighting the violence of ongoing drone warfare challenges the status quo narrative of humanitarianism- there is no such thing as just war. The idea that modern warfare has become less violent has been used to silence opposition and legitimize war.
Terrell 13 (Brian Terrell is a co-coordinator of Voices for Creative Nonviolence, Drones and Gadflies, Sept 13,  http://www.counterpunch.org/2013/09/13/drones-and-gadflies/)
My own anti-drone activism began with protests at Creech Air Force Base in
AND
their own consciences, perhaps the responsibility of haunting them falls to us.
Just war theory is in the business of legitimizing violence-It controls the conversation and our imagination-Technology and strategy have combined to create a cycle of infinite targets and endless war.
Provost-Smith 13 (Patrick, former Assistant Professor of the History of Christianity at Harvard Divinity School, Ph.D. in history from Johns Hopkins; “A Drone’s Eye View: Global Anti-Terrorism and the Existential  Crisis of Just War Theory,” in Journal for Cultural and Religious Theory vol. 12 no. 3, Spring 2013)
Swirling in the circularity of the justificans bellum, increasingly aided by developments in artificial
AND
archaic” theory of just and unjust wars are merely proclaiming the obvious.
Highlighting the issue of drone warfare is a useful starting point for a larger interrogation of State killing-Exposing the history of targeted killing is an important mechanism for challenging the secret global war on terrorism.
Noble 12 (Doug, activist with the Upstate Coalition to Ground the Drones, Assassination Nation, July 19, http://www.counterpunch.org/2012/07/19/assassination-nation/)
This striking new transparency, the official acknowledgment for the first time of a broad
AND
killing still being perpetrated globally – and covertly – by our Assassination Nation.
This infinite war will culminate in planetary extinction.
Hanrahan 11 (Clare, Militarism and the "Economics of Extinction," http://warisacrime.org/content/militarism-and-economics-extinction
War is an all out assault on life. Every living being is in peril
AND
with the economics of extinction."  We cannot let this be the end.

Plan

The United States Federal Government should abolish the authority to engage in targeted killing.

Contention Two-Moving Past Just War
Just war theory is an obstacle to new ways of understanding and relating to the world-The focus on asking WHICH WARS, forecloses the possibility of asking IF WAR? The 1AC encourages us to move beyond the narrow debates over morality and legality and onto a broader focus that can start to challenge structural violence.
CMSM 13 (CMSM is an association of the leadership of men in religious and apostolic institutes in the United States, Armed Drones: Do They Make us Better People?, May 30, http://www.cmsm.org/documents/05-30-13_CMSM_Statement_Armed_Drones.pdf)
Focusing on the “just war” theory as the key frame of moral analysis
AND
concerns and a fuller vision of "humanity" we should attend to. 

*2AC
2AC Framework
Limited debates about political simulation and restrictions on war power authority are critical to informed discussions
Hanghoj 2008
Thorkild, researcher for the Danish Research Centre on Education and Advanced Media Materials, http://static.sdu.dk/mediafiles/Files/Information_til/Studerende_ved_SDU/Din_uddannelse/phd_hum/afhandlinger/2009/ThorkilHanghoej.pdf
Debate games are often based on pre-designed scenarios that include descriptions of issues
AND
dialogue as an end in itself” (Wegerif, 2006: 61). 

Political advocacy in regards to war powers are relevant to everyone---complacency is what has allowed the US to maintain an imperial agenda that affects us here at home
Raimondo 13 (Justin, is the editorial director of Antiwar.com, and a senior fellow at the Randolph Bourne Institute, “America’s Foreign Policy: Why Should You Care?,” http://original.antiwar.com/justin/2013/01/27/americas-foreign-policy-why-should-you-care/)
It is, frankly, a thankless and exhausting task, and the problem is
AND
Republic is to be saved, it must be torn from their grasp.

2AC 1NC
FIRST –  INTERNALIZATION DA – Their claim that we should first be concerned with violence “here” as opposed to violence “over there” wrongly assumes that imperialism is something conducted elsewhere abroad.  Our critique of state violence is already inclusive of the way imperialism manifests itself domestically, like the prison-industrial complex.  The aff’s starting point necessarily includes a focus on everyday violence, while their call to put a critique of whiteness first obscures the violence done in all our names abroad.  Their call to shift discussion away from war is exactly what the murderous state wants you to do.
McClintock 9 (Anne, is a Professor of English and Women’s and Gender Studies at the University of Wisconsin, “Paranoid Empire: Specters from Guantánamo and Abu Ghraib,” Project Muse)
By now it is fair to say that the United States has come to be
AND
vanishes like a disappearing phantom. Those people were a kind of solution. 

SECOND –  ANTIWAR IS THE ANSWER – Antiwar activism is the best starting point to get people involved with emancipatory criticisms of the federal governments relationship to the black body—spills over to other movements on social justice.
Heaney and Rojas-prof organizational studies and sociology, Indiana-12 (Antiwar Politics and Paths of Activist Participation on the Left, http://www.indiana.edu/~workshop/papers/rojas_working20paper.pdf)
Charles Tilly (1985) famously argued that war making facilitated state building because wars
AND
the left. The lives of activists are now intertwined with antiwar activism.
We do not argue non-peace issues are no longer an important element of
AND
antiwar movement is much more likely to send it recruits to other movements.

THIRD – THE BLACK BODY IS IN THE CROSSHAIRS – Obama’s drone policy is setting extremely serious precedents that are dangerous for black people—everyone should speak out about this violence.
Bloice et al 13 (Carl Bloice is a BlackCommentator.com Editorial Board member, writer and senior activist in San Francisco, a member of the National Coordinating Committee of the Committees of Correspondence for Democracy and Socialism, a moderator at portside.org and formerly worked for a healthcare union. Bill Fletcher, Jr. is a long-time racial justice, labor and international activist and writer. He is a Senior Scholar with the Institute for Policy Studies and the immediate past president of TransAfrica Forum. He is the co-author of Solidarity Divided. Jamala is a long-time organizer and writer. She is a 2011 Alston-Bannerman Fellow and author of The Best of The Way I See It and Other Political Writings. She is the co-founder of the Organization for Black Struggle. “Black America and Obama’s Foreign Policy,” http://www.zcommunications.org/black-america-and-obama-s-foreign-policy-by-bill-fletcher-jr.html)
Well, this is a partial list, but the point here is that there
AND
If not now, when? If not you (us), who?

FOURTH – WISHFUL THINKING – You can’t ignore or wish away the state—it commits violence in your name whether you choose to acknowledge it or not, that’s how it justifies endless violence AND TARGETS INDIVIDUAL BODIES
Campos 07 (Joseph H. Campos, The State and Terrorism: National Security and the Mobilization of Power, google books pg 101)
Later it was discovered that the U.S.' strikes against terrorist facilities
AND
enacted by the state in the face of terrorism's "uncivilized" nature.

Their claim that our antiwar focus is exclusive with justice for black people is a self-fulfilling prophecy.  Our issues are only exclusive if you vote to make them so.
Daugherity 06 (Brian, reviewing: Simon Hall. Peace and Freedom: The Civil Rights and Antiwar Movements in the 1960s, Published on H-South (June, 2006), “Make Love, Not War: The Civil Rights and Antiwar Movements of the 1960s”, http://www.h-net.org/reviews/showrev.php?id=11852)
By 1966, moreover, feelings of black nationalism and racial solidarity pervaded the civil
AND
, multiracial, multi-issue antiwar coalition" (p. 33).

First, this is a reflection of existential nausea---their roll of the ballot claims are self-imprisoning, there is nothing the ballot can do for them that they can’t already do
Burris 11 (Bradley, undergraduate in the College of Arts and Sciences at The University of New Mexico and is pursuing a double major B.A. in Economics and Philosophy, “The Curse of Identity Politics: An Existential Guide to Dismantling False Reality,” http://existentialeconomist.wordpress.com/2011/05/10/the-curse-of-identity-politics-an-existential-guide-to-dismantling-false-reality/)
This means that the actions you take determine who you are; not vice versa
AND
stupid things to each other to maintain stupid identities that don’t really exist.
Second, the 1NC has ignored the dimension of the judge, constructing them as a figure that has the authority to reward or punish your performance with the ballot puts them in a position of power while simultaneously reducing their subjectivity to one of the ‘generic critical teacher’ which endorses the classical liberal thought you critique
Elizabeth Ellsworth, University of Wisconsin—Madison, 1989
“Why Doesn’t This Feel Empowering? Working Through the Repressive Myths of Critical Pedagogy,” Harvard Educational Review  59:3
When educational researchers writing about critical pedagogy fail to examine the implications of the gendered
AND
" that is constructed within communities of resistant and is a condition of survival
---Their claim that personal experience determines the validity of argument is solipsism
--- It stifles dialogue and is reductionist --- Our arguments are relevant and bracketing them out destroys efforts for change.
Bridges 2001
David, Centre for Applied Research in Education, University of East Anglia, 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.
---Reject their demands for discussion about identity as policing --- The distinction between privileged and underprivileged identity should not be the basis of scholarly assessments.
Innes 2009
Robert Alexander, member of Cowessess First Nation and an assistant professor in the Department of Native Studies at the University of Saskatchewan, "Wait a Second. Who Are You Anyways?", American Indian Quarterly, 33.4
Insider scholars, Indigenous and non-Indigenous, challenge the research conducted by outsiders
AND
their insider status so that their research participants accepted them and their differences.
---Authenticity tests shut down debate --- It’s strategically a disaster for minority politics.
Subotnik 1998
Professor of Law, Touro College, Jacob D. Fuchsberg Law Center, 7 Cornell J. L. and Pub. Pol'y 681
Having traced a major strand in the development of CRT, we turn now to
AND
to faculty offices and, more generally, the streets and the airwaves.

*1AR
Fluidity is important you need to argue from different perspectives 

Switch Side Debate
This doesn’t preclude finding personal meanings, having to research all sides allows you to maintain your ethical beliefs while also being able to advocate for them better
Zwarensteyn 2012
Ellen C., Masters Candidate in Communications at Grand Valley State University, High School Policy Debate as an Enduring Pathway to Political Education: Evaluating Possibilities for Political Learning, Masters Theses. Paper 35, http://scholarworks.gvsu.edu/theses/35
As discussed previously, sources of political information matters to how politically pluralistic the general
AND
help establish empathy through seeing the humanity and credibility in one another’s arguments. 

This is empirically proven---Neal Katyal used training he got from switch side debate techniques to challenge post 9/11 combat definitions
English et al 2007
Eric English, Stephen Llano, Gordon R. Mitchell, Catherine E. Morrison, John Rief  and Carly Woods, Communications—University of Pittsburg “Debate as a Weapon of Mass Destruction,” Communication and Critical/Cultural Studies, Volume 4, Number 2, June, http://www.pitt.edu/~gordonm/JPubs/EnglishDAWG.pdf
It is our position, however, that rather than acting as a cultural technology
AND
heirs to brand the  activity as a ‘‘weapon of mass destruction.’’ 

Perm Offense 

1. Allied pessimism-
   A. The nearly automatic assumption that we’re co-opting them poisons the environment and makes productive politics impossible. Fear of co-optation contributes to a zero-sum mindset that makes cooperation and coalitions impossible.
   Johnson 3 (Kevin, Associate Dean for Academic Affairs, University of California at Davis, "The Struggle for Civil Rights: The Need for, and Impediments to, Political Coalitions Among and Within Minority Groups," lexis)
   In zero sum games, groups fear conflict and betrayal; in that mindset,
   AND
   should not be viewed as a scarce resource to be allocated among groups.
   AT: War At Home
   “We are at war right now,” “war at home” militarism is a process it does not have a place; it doesn’t occur here or there it is a process that has to be resisted at every level in order to break the circuits; this impact turns their
   Researching militarization of culture has broad implications for domestic structural inequality
   Kershner 11 (Seth Kershner is a counter-recruiter and freelance writer based in Western Massachusetts, “Just Say No: Organizing Against Militarism in Public Schools,” http://www.wmich.edu/hhs/newsletters_journals/jssw_institutional/institutional_subscribers/38.2.Harding.pdf)
   Counter-recruitment has been criticized for its narrow focus and lack of engagement with
   AND
   in Iraq. Where does this leave the future of counter-recruitment?

As college students we have an obligation to discuss US militarism---the university increasingly securitized; focused research and public debate are key
Kershner 11 (Seth Kershner is a counter-recruiter and freelance writer based in Western Massachusetts, “Just Say No: Organizing Against Militarism in Public Schools,” http://www.wmich.edu/hhs/newsletters_journals/jssw_institutional/institutional_subscribers/38.2.Harding.pdf)
In terms of scholarship, academics and others concerned with the impacts of increased militarism
AND
could more effectively confront American militarism through focused research and vigorous public debate.

 In spite of stereotypes about American universities as bastions of radicalism, these institutions and those working inside their ivy-covered walls have failed to adequately grapple with the reality of U.S. militarism.

AT: Code Switching
Reproduces ontological binaries that undermine the 1NC
Anthony B. Pinn, Religious Studies at Macalester, 1997.
“Beyond Ontological Blackness: An Essay on African American Religious and Cultural Criticism. - book reviews,” African American Review, Summer 1997
For nearly a century Du Bois's proclamation concerning the "color-line" and
AND
outcomes ultimately force an identity crisis, a crisis of legitimation and utility.

Tournament: GSU | Round: 8 | Opponent: Mary Washington MP | Judge:
1AC
Same as round 2 

*2AC 

2AC Deference
B. U.N investigation will impose strict limitations on use of drones now – it will collapse our doctrine
Frankel 1/24/13 (Allison, staffwriter for the ACLU, “U.N. Human Rights Expert to Investigate U.S. Targeted Killing Program” https://www.aclu.org/blog/national-security/un-human-rights-expert-investigate-us-targeted-killing-program)

The U.S. government’s targeted killing policy and its use of drones for
AND
for the U.S. government’s ever-expanding targeted killing program.”
C. Allied blowback over drones means the program will never be utilized operationally
Foust 5/1/12 (Josh, a fellow at the American Security Project, Joshua's research focuses on the role of market-oriented development strategies in post-conflict environments, and on the development of metrics in understanding national security policy, “How Strong Is al Qaeda Today, Really?” http://www.theatlantic.com/international/archive/2012/05/how-strong-is-al-qaeda-today-really/256609/) 

The many successes in the fight against al-Qaeda have also come with substantial
AND
it's a safe bet that continuing the same terror policies won't lessen them.
No unique link – past liberal detention cases
Bejesky 13 (Robert, The author has taught international law courses for the Department of Political Science at the University of Michigan, American Government and Constitutional Law courses for Alma College, and business law courses at Central Michigan University and the University of Miami, “Dubitable Security Threats and Low Intensity Interventions as the Achilles' Heel of War Powers,” 32 Miss. C. L. Rev. 9, lexis)
The judiciary is not reluctant to become involved in issues subsidiary to the use of
AND
as Commander-in-Chief as it relates to treaty interpretation. 474
C. Soft power – judicial review establishes credibility which is critical to hard power flexibility – that’s Sidhu – AND material power is irrelevant without legitimacy and soft power
Mendelsohn, Ph.D polysci,  10 (Barak, assistant professor of political science at Haverford College and a senior fellow of FPRI. Author of Combating Jihadism: American Hegemony and Interstate Cooperation in the War on Terrorism, June 2010, "The Question of International Cooperation in the War on Terrorism", http://www.fpri.org/enotes/201006.mendelsohn.cooperationwarterror.html)

Going against common conceptions, I argue that the United States sought to advance more
AND
This process constrains the hegemon’s actions and prevents the uninhibited exercise of power.
Review inevitable – now is better for flexibility
Wittes 8 (Benjamin Wittes is a Senior Fellow in Governance Studies at the Brookings Institution, where he is the Research Director in Public Law, “The Necessity and Impossibility of Judicial Review,” https://webspace.utexas.edu/rmc2289/National20Security20and20the20Courts/Law20and20the20Long20War2020Chapter204.pdf)
WE COME, then, to the question of what judicial review ought to look
AND
decide. The judiciary must not serve as the designer of the rules.
Court review increase warfighting – key to assessing terrorism policy – takes out deference link
Coughenour 08 (John C. , The Right Place to Try Terrorism Cases, July 27, 2008, http://articles.washingtonpost.com/2008-07-27/opinions/36772256_1_terrorism-trials-district-court-federal-courts)
I have spent 27 years on the federal bench. In particular, my experience
AND
and should be addressed by further revision rather than by undermining the judiciary.

2AC Politics
No link – court action shields Obama from controversy
Pacelle, Prof-Political Science-Georgia Southern, 2002  (Richard L., Prof of Poli Sci @ Georgia Southern University, The Role of the Supreme Court in American Politics: The Least Dangerous Branch? 2002 p 175-6)
The limitations on the Court are not as significant as they once seemed. They
AND
turn the focus to judicial capacity, the subject of the next chapter.
More evidence – Obama doesn’t get the blame from court action
Sanger-Katz 12 (Margot, healthcare correspondent for the National Journal, Poll: No Blame if Court Nixes Health Care Law, June 5, http://www.nationaljournal.com/daily/poll-no-blame-if-court-nixes-health-care-law-20120605)
Even though President Obama fought for passage of the landmark 2010 health care law,
AND
that the ruling would have no impact on their view of the president.

No link – the plan is the D.C. circuit court
Jaffer, Director-ACLU Center for Democracy, 13 (Jameel Jaffer, Director of the ACLU's Center for Democracy, “Judicial Review of Targeted Killings,” 126 Harv. L. Rev. F. 185 (2013), http://www.harvardlawreview.org/issues/126/april13/forum_1002.php)

This is why the establishment of a specialized court would more likely institutionalize the existing
AND
whose constitutional rights have been infringed but also the obligation to do so.
--District court controversial now—EPA rulings
Adler, prof of law at Case Western Reserve University, 8/18/13 (Jonathan H., Director of the Center for Business Law and Regulation, JD from George Mason, “Is the DC Circuit a “Broken Circuit”?”, http://www.volokh.com/2013/08/18/is-the-d-c-circuit-a-broken-circuit/)
Earlier this summer, the Environmental Law Institute’s Environmental Forum featured a cover story on
AND
It provides more useful background on the court and the controversy it engenders.

---targeted killing restrictions now- saying the CIA cannot deny its involvement in the drone program
Jaffer 13 (Jameel Jaffer, Deputy Legal Director, ACLU, “What the Government Should Disclose About Its Targeted Killing Program,” https://www.aclu.org/blog/national-security/what-government-should-disclose-about-its-targeted-killing-program)
The U.S. Court of Appeals for the D.C. Circuit
AND
to a fiction of deniability that no reasonable person would regard as plausible."

--Court ruling against Obama commander-in-chief powers now—Yucca and immigration
Judicial Watch 8-14 (Fed Appeals Court Rules Obama is “Flouting the Law”, http://www.judicialwatch.org/blog/2013/08/fed-appeals-court-rules-obama-is-flouting-the-law/)
A federal appellate court has blasted President Obama for using executive authority to ignore the
AND
was heard, ruled that the policy is “contrary to congressional mandate.”

Syria and executive incompetence triggers the link even if it’s not on top of the docket
Hunt 9/15/13 (Albert, staffwriter, “Obama’s Syria Meanderings Border on Incompetence” http://www.bloomberg.com/news/2013-09-15/obama-s-syria-meanderings-border-on-incompetence.html) 

President Barack Obama risks getting stuck with a rap as toxic as an unpopular war
AND
the unwillingness of the president to seek counsel beyond his small comfort zone.

2AC Executive CP
No solvency – Public doesn’t trust the executive’s mandates will be transparent and public – secret evidence
Roach 13 (Kent, eds. Cole, D. Fabbrini, F. Vedaschi, A., David Cole, Federico Fabbrini, Arianna Vedaschi, “Managing Secrecy and its Migration in a Post-9/11 World,” Secrecy, National Security and the Vindication of Constitutional Law, google books pg 118-119)

At the same time, the taint of prior uses of secret evidence as well
AND
It may become a liability in the US's dealings with the Muslim world.
Counterplan doesn’t solve legitimacy or warfighting – the international community doesn’t trust it
Shane 11/24/12 (SCOTT, staffwriter, “Election Spurred a Move to Codify U.S. Drone Policy” http://www.nytimes.com/2012/11/25/world/white-house-presses-for-drone-rule-book.html?pagewanted=alland_r=0)

WASHINGTON — Facing the possibility that President Obama might not win a second term,
AND
open a unit in Geneva early next year to investigate American drone strikes.

No solvency – XO isn’t binding – can be modified in secret
Dreyfuss 12 (Mike Dreyfuss is a Candidate for Doctor of Jurisprudence, “My Fellow Americans, We Are Going to Kill You: The Legality of Targeting and Killing U.S. Citizens Abroad,” http://www.vanderbiltlawreview.org/content/articles/2012/01/Dreyfuss_65_Vand_L_Rev_249.pdf)
Notwithstanding any of the above, the President can revoke or modify Executive Order 12
AND
order to carve out an exception for whatever activities he wished to conduct.

Delay – executive orders take years
Mayer-prof political science-1 Kenneth, “With the Stroke of a Pen: Executive Orders and Presidential Power”, p. 61, http://www.questiaschool.com/read/103282967?title=With20the20Stroke20of20a20Pen3a20Executive20Orders20and20Presidential20Power)
In contemporary practice, executive orders typically either originate from the advisory structures within the
AND
even be derailed over an inability to obtain the necessary consensus or clearances.
XO links to the net benefit
Wetzel-JD Candidate Valpo-7  42 Val. U.L. Rev. 385
NOTE: BEYOND THE ZONE OF TWILIGHT: HOW CONGRESS AND THE COURT CAN MINIMIZE THE DANGERS AND MAXIMIZE THE BENEFITS OF EXECUTIVE ORDERS

C. Framing the Debate: Congress Must Critique Executive Orders in Terms of the
AND
less likely that an order will be used for Presidential abuse and tyranny.

1. Executive Orders kill SOP.
   Branum, Associate for Fulbright and Jaworski, 02
   Tara Branum, Associate for Fulbright and Jaworski, “President or King? The Use and Abuse of Executive Orders in Modern-Day America,” LexisNexus.com, 02

Congressmen and private citizens besiege the President with demands  *58  that action be
AND
own peril. This is not the way it is supposed to be.
2. Causes nuclear war
Hemesath, J.D./M.S.F.S. Georgetown, 2k
(J.D./M.S.F.S. Georgetown University Law Center, School of Foreign Service, 2001; B.A. University of California at Los Angeles, 1996.88 Geo. L. J. 2473. Lexis Nexis Academic)

Politically, nuclear weapons wield such powerful and unique symbolic effects n70 that a decision
AND
judicial reasoning that would resolve this debate in favor of either side. n78

Counterplan doesn’t solve judicial review or independent judiciary
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.

Strong judicial model prevents Russian loose nukes
Nagle, Independent Research Consultant Specializing in the Soviet Union, 1994 (Chad. “What America needs to do to help Russia avoid chaos” Washington Times, August 1, Lexis Nexis)
As things stand right now, there is indeed potential for danger and instability in
AND
the hand of friendship and pray for Mr. Yeltsin's continued good health. 

Extinction
Helfand and Pastore 9 Ira Helfand, M.D., and John O. Pastore, M.D., are past presidents of Physicians for Social Responsibility. March 31, 2009, “U.S.-Russia nuclear war still a threat”, http://www.projo.com/opinion/contributors/content/CT_pastoreline_03-31-09_EODSCAO_v15.bbdf23.html
President Obama and Russian President Dimitri Medvedev are scheduled to Wednesday in London during the
AND
alert status of nuclear weapons that existed in 1995 remains in place today.   

*1AR
A2: Sig Strikes
There are no more signature strikes used
Brown 13 (Hayes, “Report: U.S. Drops Signature Strikes In Pakistan” http://thinkprogress.org/security/2013/07/25/2356391/pakistan-drones-signature-strikes/)

The United States has ended the use of so-called signature drone strikes in Pakistan, and the total number of incidents involving armed unmanned aerial vehicles there has plummeted, according to a new report from the Associated Press.
In gathering hours upon hours of footage of a given location, drones allow analysts
AND
on foreign enemies now used only for American citizens deemed to be terrorists.”
That choice has apparently resulted in a corresponding drop in strikes within Pakistan, long
AND
recently unacknowledged — method of targeting potential terrorists for execution is winding down.

Solves
Solves
Jaffer, Director-ACLU Center for Democracy, 13 (Jameel Jaffer, Director of the ACLU's Center for Democracy, “Judicial Review of Targeted Killings,” 126 Harv. L. Rev. F. 185 (2013), http://www.harvardlawreview.org/issues/126/april13/forum_1002.php)
 The argument for some form of judicial review is compelling, not least because
AND
whose constitutional rights have been infringed but also the obligation to do so.

Stops the executive—they won’t cross the line when they know they have to defend it in court
Jaffer 13 (Jameel Jaffer, Director of the ACLU's Center for Democracy, presents his reaction to the recent calls to establish a "drone court" to provide ex ante review of targeted killings.
“Judicial Review of Targeted Killings,” http://www.harvardlawreview.org/issues/126/april13/forum_1002.php)
It could also encourage executive officials to observe these limits. Executive officials would be
AND
said that even the mere prospect of judicial review deters error and abuse.

Solves blowback better---intelligence leads to reassessment
Taylor 13 (Paul, is a Senior Fellow, Center for Policy and Research. Focus on national security policy, international relations, targeted killings, and drone operations. “A FISC for Drones?,” http://centerforpolicyandresearch.com/2013/02/09/a-fisc-for-drones/)
Chesney also noted that executive officials involved in the nomination process would prefer an ex
AND
reassessment of the targeting decision. Only ex post review would achieve this.

PQD
Judicial review on targeted killing doesn’t spillover to other restrictions on military force
Brooks, prof of Law @ Georgetown, 13 (Rosa, Senior Fellow at the New America Foundation, “The Constitutional and Counterterrorism Implications of Targeted Killing”, Testimony Before the Senate, April 23, 2013, http://www.judiciary.senate.gov/pdf/04-23-13BrooksTestimony.pdf)

It is also worth noting that the practical concerns militating against justiciability in the context
AND
whether an individual may lawfully be targeted are generally made well in advance.
Ex post review wouldn’t violate the political question doctrine or cause other branches to go to the court to settle disputes
Taylor 13 (Paul, is a Senior Fellow, Center for Policy and Research. Focus on national security policy, international relations, targeted killings, and drone operations. “Former DOD Lawyer Frowns on Drone Court,” http://centerforpolicyandresearch.com/2013/03/23/former-dod-lawyer-frowns-on-drone-court/)

First, Johnson notes, as others have, that judges would be loath to
AND
, an organization which deals with this issue as a matter of course).
Avoids deference---tort claims are well within court jurisdiction---the plan isn’t  
Taylor 13 (Paul, is a Senior Fellow, Center for Policy and Research. Focus on national security policy, international relations, targeted killings, and drone operations. “Former DOD Lawyer Frowns on Drone Court,” http://centerforpolicyandresearch.com/2013/03/23/former-dod-lawyer-frowns-on-drone-court/)
Johnson also raised a very significant separation of powers concern. While the President’s duties
AND
exigent circumstances can occur after the the sic deed is done.

AT: leaks
---No link – Meritless cases will be dismissed
Reinert, Law prof-Cardozo, 10 (Alexander A. Reinert, Assistant Professor of Law, Benjamin N. Cardozo School of Law; counsel of record for Javaid Iqbal in Ashcroft v. Iqbal,  MEASURING THE SUCCESS OF BIVENS LITIGATION AND ITS CONSEQUENCES FOR THE INDIVIDUAL LIABILITY MODEL, http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1475356)
Several principles accompany the qualified immunity doctrine which also stem from the Court’s concern about
AND
dismiss cases prior to discovery if certain allegations were deemed not plausible.89
Judicial review is insulated from intelligence leaks
Vladeck 13 (Steve Vladeck is a professor of law and the associate dean for scholarship at American University Washington College of Law. “Why a Drone Court Won’t Work –But Nominal Damages Might…” http://www.lawfareblog.com/2013/02/why-a-drone-court-wont-work/)
IV.  Why Damages Actions Don’t Raise the Same Legal Concerns
 At first blush, it may seem like many of these issues would be
AND
and with the benefit of the dispassionate distance on which judicial review must rely

AT: Slow
Ex post review solves speed – the process and execution of the targeted killing is left entirely to the military
Mohamed 2/6/13 (Faisel G., He is a Professor in the Department of English of the University of Illinois at Urbana-Champaign, where he also holds appointments in the Unit for Criticism and Interpretive Theory and the Center for South Asian and Middle Eastern Studies, “The Targeted Killing Memo: What the U.S. Could Learn From Israel” http://www.huffingtonpost.com/feisal-g-mohamed/the-targeted-killing-memo_b_2634078.html) 

Well, you may say, what's the alternative? In fact there is an
AND
it at least exposes military and governmental decision-makers to judicial scrutiny.
More evidence – ex post solves
Taylor 13 (Paul, is a Senior Fellow, Center for Policy and Research. Focus on national security policy, international relations, targeted killings, and drone operations. “A FISC for Drones?,” http://centerforpolicyandresearch.com/2013/02/09/a-fisc-for-drones/) 

I’m not sure that it does. Names may be placed on the list at
AND
But this exception would itself mean defaulting back to an ex post review.

Extinction
Helfand and Pastore 9 Ira Helfand, M.D., and John O. Pastore, M.D., are past presidents of Physicians for Social Responsibility. March 31, 2009, “U.S.-Russia nuclear war still a threat”, http://www.projo.com/opinion/contributors/content/CT_pastoreline_03-31-09_EODSCAO_v15.bbdf23.html
President Obama and Russian President Dimitri Medvedev are scheduled to Wednesday in London during the
AND
alert status of nuclear weapons that existed in 1995 remains in place today.   

K2 Legit
Court action is key to check the executive- perception of legal restraint key.
Brust 12 (Richard, assistant managing editor for the ABA Journal , As DC Circuit Weighs the Future of Guantanamo Inmates, Some Say Judicial Review Can Harm Military, Oct 1, http://www.abajournal.com/magazine/article/detention_dilemma_as_d.c._circuit_considers_guantanamo_inmates_can_judicial)
Ultimately, asked Vladeck: “Why should we be so afraid of
AND
doing is endorsed not just by Congress but by the courts as well.”
The CP would still have to involve secret, internal deliberation—public doesn’t trust this.
Jack Goldsmith 13, Henry L. Shattuck Professor at Harvard Law School, May 1 2013, “How Obama Undermined the War on Terror,” http://www.newrepublic.com/article/112964/obamas-secrecy-destroying-american-support-counterterrorism
For official secrecy abroad to work, the secrets must be kept at home as
AND
, even if it means that secret war abroad is harder to conduct.

Judicial process key
Steven Clark 12, former Staff Sergeant in the US Army, BA in Poli Sci and Government from Campbell University, “Targeted Killings: Justified Acts of War or Too Much Power for One Government?” Global Security Studies, Summer 2012, Volume 3, Issue 3, http://globalsecuritystudies.com/Clark20Targeted.pdf
Although Eric Holder was right when he distinguished between judicial process and due process,
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like this would also be able to act quickly in situations requiring immediate action
Executive orders invite judicial intervention
Cooper-prof public administration Portland State- 2 Phillip, By Order of the President: The Use and Abuse of Executive Direct Action”  p.77

Despite the apparent deference by the judiciary to the president's orders, this chapter has
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the validity of orders and with addressing the consequences of admittedly legitimate decrees.

Inev Ext
Benjamin Wittes 9, senior fellow and research director in public law at the Brookings Institution, is the author of Law and the Long War: The Future of Justice in the Age of Terror and is also a member of the Hoover Institution's Task Force on National Security and Law, “Legislating the War on Terror: An Agenda for Reform”, November 3, Book, p. 17
A new administration now confronts the same hard problems that plagued its ideologically opposite predecessor
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past several years and will likely continue sparring over the next several years.

Tournament: UKRR | Round: 1 | Opponent: wake mq | Judge: hardy
look in doc, coming soon though i promise

Tournament: Texas | Round: 4 | Opponent: Indiana | Judge: E Mathis
so opensource

Tournament: Texas | Round: 4 | Opponent: Indiana | Judge: E Mathis
so opensource