1NC T-Ex Post Extra T-Sig Strikes Politics-Immigration-Obama DA TK DA Commission CP Executive CP
2NC Extra T Case
1NR Politics
2NR Politics and Case
Wake
3
Opponent: Wayne JS | Judge: Glinniecki
1NC T-Prohibition WPCA CP Exec CP Iran Politics DA Asia Cred DA Flex DA
2NC Asia DA Case
1NR Iran DA
2NR Iran DA
Wake
2
Opponent: GMU KL | Judge: Carly Watson
1NC T-Sig Strikes T-Commander in Chief Adv CP - Trade Exec CP - transparency Iran Politics DA Terror DA
2NC T-Sig Strikes Adv CP Case
1NR Politics
2NR Adv CP Politics
Wake
6
Opponent: ISU DI | Judge: Bausch
1NC T Case
2NC T
1NR Case
2NR T and case
Wake
7
Opponent: Towson HW | Judge: Becca Steiner
1NC T Case
2NC T
1NR Case
2NR T and case
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Cites
Entry
Date
Adv Answers - Domestic Drones
Tournament: Harvard | Round: 5 | Opponent: Wake MQ | Judge: Peyton Lee Pressure over drone transparency is coming – it’s the key issue *Transparency CP = sufficient (it was the central problem) Knuckey, Director of the Project on Extrajudicial Executions at New York University School of Law, 10-1-13 (Sarah, Special Advisor to the UN Special Rapporteur on extrajudicial executions, “Transparency on Targeted Killings: Promises Made, but Little Progress,” http://justsecurity.org/2013/10/01/transparency-targeted-killings-promises-made-progress/, accessed 10-17-13, CMM)
Since President Barack Obama’s … American people and the world.
The environment is indestructible and resilient Gregg Easterbrook, Brookings Economic and Governance Studies Fellow, ‘95 A Moment on the Earth, 25-26
In the aftermath of events such … nature inflicts on itself on a recurrent basis.
Environmental impacts are exaggerations – empirics Ridley, WSJ journalist, 8-17-12 (Matt, author, most recently, of The Rational Optimist: How Prosperity Evolves,“Apocalypse Not: Here’s Why You Shouldn’t Worry About End Times,” http://www.wired.com/wiredscience/2012/08/ff_apocalypsenot/all/, accessed 8-17-12, CMM)
When the sun rises on December 22, … consult the past 50 years of history.
It's a good bet that in the not-so-distant …, which could generate local jobs.
Food availability will expand – five reasons Jerry Taylor, Cato Institute Natural Resource Studies Director, '02 Cato, "Sustainable Development; A Dubious Solution in Search of a Problem," August 26, http://www.cato.org/pubs/pas/pa449.pdf
The positive trend in food …l “carrying capacity” of the planet. 35
No modeling – US restraint fails. Boot, Senior Fellow in National Security Studies at the Council on Foreign Relations, 11 (Max, 10/9/11, “We Cannot Afford to Stop Drone Strikes,” Commentary Magazine, http://www.commentarymagazine.com/2011/10/09/drone-arms-race/, accessed 9-28-13, CMM)
The New York Times engages in some …the part of dictatorial states.
2. No negative precedent – US drone use is limited. Anderson, Professor of International Law at American University, 13 (Kenneth, June 2013, “The Case for Drones,” Commentary; Jun2013, Vol. 135 Issue 6, p14-23, 10p, ebsco, accessed 9-28-13, CMM)
This critique often leads, however, to … be responsible. Its leaders will be.
3. Responsible states will check harmful use and authoritarians won’t model. McGinnis, Professor of Law, Northwestern University School of Law, and Somin, Assistant Professor of Law, George Mason University School of Law, 7 (John O. McGinnis and Ilya Somin, “SYMPOSIUM: GLOBAL CONSTITUTIONALISM: GLOBAL INFLUENCE ON U.S. JURISPRUDENCE: Should International Law Be Part of Our Law?” 59 Stan. L. Rev. 1175, lexis, accessed 9-28-13, CMM)
The second benefit to foreigners of … law to trump domestic law.
No timeframe to prolif and no impact. Zenko, CFR Center for Preventive Action Douglas Dillon fellow, 2013 Micah, Council Special Report No. 65, January 2013, “Reforming U.S. Drone Strike Policies”http:www.foreignpolicy.com/articles/2013/04/16/clip_the_agencys_wings_cia_drones?page=full p.20, accessed 6-20-13, TAP
Based on current trends, it is unlikely … drones in the near term.
The control of UAV technology is, …might produce a better critique.
Middle East conflict won’t spillover or escalate Cook and Takeyh, CFR Middle Eastern Studies senior fellow, 6-28-07 Ray, and Steven A., Douglas Dillon fellow, "Why the Iraq war won't engulf the Mideast," http://www.cfr.org/publication/13702/
Yet, the Saudis, Iranians, Jordanians, … enveloping the entire Middle East.
On Tuesday, the Blouin Creative Leadership … one major contribution to modern Turkish politics.
AT: China
China won’t use drones aggressively- rationality checks Erickson, associate professor at the Naval War College and an Associate in Research at Harvard University's Fairbank Centre, and Strange, researcher at the Naval War College's China Maritime Studies Institute, 13 (Andrew and Austin, 5-29-13, “China has drones. Now how will it use them?” http://www.nationmultimedia.com/opinion/China-has-drones-Now-how-will-it-use-them-30207095.html, accessed 9-28-13, CMM)
Drones, able to dispatch death remotely, without … something Washington must bear in mind with its own drone programme.
No South China Sea or Senkaku conflict or escalation – their evidence is media exaggeration Kania, the Harvard Political Review, 13 Elsa, January 11th, 2013, Harvard Political Review, “The South China Sea: Flashpoints and the U.S. Pivot,” http://harvardpolitics.com/world/the-south-china-sea-flashpoints-and-the-u-s-pivot/ accessed: 10-25-13, CAS
Equilibrium and Interdependence? One … peaceful resolution to future incidents.
11/1/13
Adv Answers- Gtowns Terror
Tournament: Harvard | Round: 4 | Opponent: Gtown KU | Judge: Harrigan Pressure over drone transparency is coming – it’s the key issue
Knuckey, Director of the Project on Extrajudicial Executions at New York University School of Law, 10-1-13 (Sarah, Special Advisor to the UN Special Rapporteur on extrajudicial executions, “Transparency on Targeted Killings: Promises Made, but Little Progress,” http://justsecurity.org/2013/10/01/transparency-targeted-killings-promises-made-progress/, accessed 10-17-13, CMM)
Since President Barack Obama’s May …American people and the world.
Intel sharing inevitable. Joffe, Fellow in International Relations at the Hoover Institution, 10-18-13 (Josef, senior fellow at Stanford University’s Freeman Spogli Institute of International Studies, publisher-editor of the German weekly Die Zeit, 10-18-13, “A Beautiful Friendship,” http://www.hoover.org/publications/hoover-digest/article/159101, accessed 10-19-13, CMM)
Meanwhile, the Merkel government … the cruel facts of life among nations.
To outsiders, Pakistan appears to be … nuclear weapons are secure."
11/1/13
Adv Answers-CMR
Tournament: Dartmouth | Round: 2 | Opponent: Wake MQ | Judge: D Heidt Multiple checks on military breach of CMR Bruneau, Distinguished Professor of National Security Affairs at the Naval Postgraduate School, 11-12-13 (Thomas, “America's Enduring Military,” http://nationalinterest.org/print/commentary/americas-enduring-military-9383, accessed 11-12-13, CMM)
In short, following from the original base … world lose sleep over.
1/25/14
Adv Answers-Cyber War
Tournament: Dartmouth | Round: 2 | Opponent: Wake MQ | Judge: D Heidt
No Cyber war Gray, Professor of International Politics and Strategic Studies at the University of Reading, 13 (Colin, worked at the International Institute for Strategic Studies (London) and at the Hudson Institute (Croton-on-Hudson, NY) before founding the Nation-al Institute for Public Policy, a defense-oriented think tank in the Washington, DC, area, April, “Making Strategic Sense of Cyber Power: Why the Sky Is Not Falling,” U.S. Army War College Press, http://www.strategicstudiesinstitute.army.mil/pdffiles/PUB1147.pdf, accessed 11-3-13, CMM)
CONCLUSIONS AND RECOMMENDATIONS: THE SKY IS NOT … close to absurd to merit much concern.
2. Err neg - their authors exaggerate and cyber defense tech is improving Libicki, Senior Management Scientist at the RAND Corporation, 8-16-13 (MARTIN C., Visiting Professor at the U.S. Naval Academy, Foreign Affairs, "Don't Buy the Cyberhype: How to Prevent Cyberwars From Becoming Real Ones", http://www.foreignaffairs.com/articles/139819/martin-c-libicki/dont-buy-the-cyberhype, accessed 11-10-13, CMM)
These days, most of Washington seems … to exist in the first place.
We have let our fears obscure how … Glen Canyon and Hoover dams,” he said.
1/25/14
Adv Answers-EU Relations
Tournament: Dartmouth | Round: 2 | Opponent: Wake MQ | Judge: D Heidt Relations are not key to resolving global issues. Shapiro and Witney, European Council on Foreign Relations, 2009 Jeremy and Nick, “.Towards a Post-American Europe: a power audit of EU-US Relations” http://ecfr.3cdn.net/05b80f1a80154dfc64_x1m6bgxc2.pdf, p.48, accessed 12-30-13, TAP
The United States is thinking strategically … Europeans’ own actions and choices.
Intel sharing inevitable. Joffe, Fellow in International Relations at the Hoover Institution, 10-18-13 (Josef, senior fellow at Stanford University’s Freeman Spogli Institute of International Studies, publisher-editor of the German weekly Die Zeit, 10-18-13, “A Beautiful Friendship,” http://www.hoover.org/publications/hoover-digest/article/159101, accessed 10-19-13, CMM)
Meanwhile, the Merkel government has … cruel facts of life among nations.
Today, European integration is threatened … political integration is behind us.
TTIP negotiations will falter – multiple issues Brattberg, Visiting Fellow at the Center for Transatlantic Relations at the Johns Hopkins School of Advanced International Studies, 1-10-14 (Erik, “Is 2014 the Transatlantic Trade Deal's 'Make-or-Break' Year?,” http://www.huffingtonpost.com/erik-brattberg/is-2014-the-transatlantic_b_4577270.html, accessed 1-16-14, CMM)
Progress on the current negotiations … movement more of a say over trade policy.
Economic activity in the eurozone … only very marginally in January.
1/25/14
Adv Answers-LOAC Conflation
Tournament: Dartmouth | Round: 3 | Opponent: Gtown AM | Judge: Sherry Hall Conflation between jus ad bellum and jus in bello is globally inevitable Sloane, Associate Professor of Law, Boston University School of Law, 9 (Robert, “Article: The Cost of Conflation: Preserving the Dualism of Jus ad Bellum and Jus in Bello in the Contemporary Law of War,” 34 Yale J. Int'l L. 47, lexis, accessed 1-6-14, CMM)
This case reflects, in microcosm, a pressing … underwrite the contemporary law of war.
New York Times national security correspondent … technologies that are … more discriminating.
Pressure over drone transparency is coming – it’s the key issue *Transparency CP = sufficient (it was the central problem) Knuckey, Director of the Project on Extrajudicial Executions at New York University School of Law, 10-1-13 (Sarah, Special Advisor to the UN Special Rapporteur on extrajudicial executions, “Transparency on Targeted Killings: Promises Made, but Little Progress,” http://justsecurity.org/2013/10/01/transparency-targeted-killings-promises-made-progress/, accessed 10-17-13, CMM)
Since President Barack Obama’s …. transparent to the American people and the world.
Conflation is a norm and is inevitable – multiple alt causes disprove the impact Benvenisti, Professor of Law, Tel Aviv University, 9 (Eyal, “Essay in Honor of W. Michael Reisman: Use of Force: Rethinking the Divide Between Jus ad Bellum and Jus in Bello in Warfare Against Nonstate Actors,” 34 Yale J. Int'l L. 541, lexis, accessed 1-6-14, CMM)
A. Observing State Practice The reasons for maintaining the “total … rockets is as minimal and no affect sic on the civilian population.”18
No impact to robotics McGinnis, Stanford Clinton Sr. Professor of Law, Northwestern University, 10 (John, “ARTICLE: ACCELERATING AI,” 104 Nw. U. L. Rev. Colloquy 366, lexis, accessed 1-6-14, CMM)
It is not as if in the absence of AI wars or weapons will … must also be counted as a benefit.
So how might we solve global … solar system, our galaxy, and beyond with abandon.
2NC: transparency key It’s a prerequisite to solvency because without transparency, no one would know whether or not the plan had any meaningful effect. Cole, professor at Georgetown University Law Center, 12-21-13 (David, “So Much for a New Drone Policy – Why Can’t the US Explain Why It Targeted a Wedding Party?,” http://justsecurity.org/2013/12/21/drone-policy-cant-explain-targeted-wedding-party/, accessed 1-1-14, CMM0
The New York Times has an important … account for its lethal actions.
1/25/14
Adv Answers-MSUs R2P
Tournament: Kentucky | Round: Doubles | Opponent: MSU CZ | Judge: JP, Frappier, Watson, S Gannon, Cohn 2. No unique internal link – massive opposition to responsibility to protect – no global norm – and this undercuts the warrants of their Hanania solvency evidence Ignatieff, Harvard JFK School of Government professor, 9-13-13 Michael, New York Times, “The Duty to Protect, Still Urgent”, http://www.nytimes.com/2013/09/14/opinion/the-duty-to-protect-still-urgent.html?_r=0, accessed 10-7-13, AFB
TORONTO — PRESIDENT OBAMA’S …. are saying they “won’t get fooled again.”
I repeat the answer to this … mean its inconsistent.
10/12/13
Adv Answers-MSUs SOP
Tournament: Kentucky | Round: Doubles | Opponent: MSU CZ | Judge: JP, Frappier, Watson, S Gannon, Cohn NSA scandal decks US cred Migranyan, director of the Institute for Democracy and Cooperation, 7-5-13 (Andranik, professor at the Institute of International Relations in Moscow, a former member of the Public Chamber and a former member of the Russian Presidential Council, “Scandals Harm U.S. Soft Power,” http://nationalinterest.org/commentary/scandals-harm-us-soft-power-8695, accessed 9-28-13, CMM)
For the past few months, …—with a more critical eye.
Interbranch conflict inevitable Mariah Zeisberg, Professor of Political Science at University of Michigan, 2004 Tatum Fellow at the University of Texas at Austin School of Law, postdoctoral fellow at Brown University's Political Theory Project., Princeton University, Ph.D. (Politics), University of Texas at Austin, B.A. (Government), "Interbranch Conflict and Constitutional Maintenance: the Case of War Powers",www.brown.edu/Research/ppw/files/Zeisberg20Ch5.doc DA 9/19/13 OST
It is frequent for people to speak of …. what activate the possibility for interbranch conflict, I will call them the conditions of conflict.
SOP modeling isn’t reverse causal – other countries won’t clean up their act Chodosh, Professor of Law, Director of the Frederick K. Cox International Law Center, Case Western Reserve University School of Law, 3 (Hiram, “ARTICLE: Emergence from the Dilemmas of Justice Reform,” 38 Tex. Int'l L.J. 587, lexis, accessed 10-7-13, CMM)
Exposure to foreign systems…system as a whole. n105
10/12/13
Adv Answers-MSUs Warfighting
Tournament: Kentucky | Round: Doubles | Opponent: MSU CZ | Judge: JP, Frappier, Watson, S Gannon, Cohn Congressional authorization doesn’t guarantee better wars NZELIBE, Assistant Professor of Law, Northwestern University Law School, and YOO, Professor of Law, University of California at Berkeley School of Law, 6 (Jide and John, “Rational War and Constitutional Design,” http://www.yalelawjournal.org/the-yale-law-journal/essay/rational-war-and-constitutional-design/, accessed 9-29-13, CMM)
But before accepting this seemingly … claimed by its proponents.
The claim that presidents have …, resulting in few or no casualties on either side.
They don't solve the global order - Requires grand strategy overhaul—here’s the 1ac Ikenberry, Professor of Global Justice at the School of Foreign Service at Georgetown University, 11 (G. John, “A World of Our Making”, Democracy: A Journal of Ideas, Issue #21, Summer, http://www.democracyjournal.org/21/a-world-of-our-making-1.php?page=all, accessed 10-7-13, CMM)
Grand Strategy as Liberal Order Building American dominance of the global system …begin the process of gaining it back.
Their impact is bogus Gat, was the Chair of the Department of Political Science at Tel Aviv University, 9 (Azar “Democracy's Victory Is Not Preordained.,” Foreign Affairs. Jul/Aug2009, Vol. 88 Issue 4, p150-155. 6p., ebsco, accessed 10-7-13, CMM)
UNDILUTED OPTIMISM to the sweeping, blind …. could be made to join the liberal order.
Syria didn’t collapse deterrence – US threats lead to a diplomatic settlement, and Syria wasn’t threatening US or allied interests Rapp-Hooper, Stanton Nuclear Security Fellow at the Council on Foreign Relations and a PhD candidate at Columbia University, 9-13-13 (Mira, “Do Chemical Weapons Threaten US Extended Deterrence in Asia?,” http://thediplomat.com/flashpoints-blog/2013/09/13/do-chemical-weapons-threaten-us-extended-deterrence-in-asia/, accessed 11-9-13, CMM)
On one hand, there is a strong case to be … victim of a brutal gas attack.
Over the last decade, international security … coercion in international relations.
3. Declarations of war would not solve – the US would still be able to threaten war anywhere at any time – the plan would not have stopped Obama from asserting a red line on Syria.
Iraq is beginning to sound like a rerun of the … has waged war for decades.
2nc: Multiple theories disprove their internal link Waxman, Professor of Law, Columbia Law School, 12-3-13 (Matthew, Dec. 3, 2013 DRAFT, “The Power to Threaten War,” Forthcoming in YALE LAW JOURNAL, vol. 123 (2014), http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2316777, accessed 12-23-13, CMM)
The credibility-enhancing effects of … unambiguous or if they have good policy reasons for doing¶ so.182
Econ turns heg Decline causes withdrawal from the world Friedberg and Schoenfeld – 8 (Aaron, professor of politics and international relations at Princeton University's Woodrow Wilson School, and Gabriel, visiting scholar at the Witherspoon Institute, “The Dangers of a Diminished America”, http://online.wsj.com/article/SB122455074012352571.html, accessed 9-24-10, CMM)
With the global financial system in … likely to rise to an occasion as grave as the one we now face.
2NR:
Decline causes withdrawal from the world Friedberg and Schoenfeld – 8 (Aaron, professor of politics and international relations at Princeton University's Woodrow Wilson School, and Gabriel, visiting scholar at the Witherspoon Institute, “The Dangers of a Diminished America”, http://online.wsj.com/article/SB122455074012352571.html, accessed 9-24-10, CMM)
With the global financial system in … likely to rise to an occasion as grave as the one we now face.
Both sides in the immigration debate are … to pass immigration reform in 2006 and 2007.
1/3/14
Asia Threats DA
Tournament: Kentucky | Round: Doubles | Opponent: MSU CZ | Judge: JP, Frappier, Watson, S Gannon, Cohn A. Uniqueness – US military credibility is Asia is high – Obama leadership key SHERIDAN, The Australian FOREIGN EDITOR, 13 (Greg, 4-30-13, “SILKEN STRANDS OF OBAMA'S ASIA WEB,” lexis, accessed 9-8-13, CMM)
The President's Asia policy is a coherent … tied up in the Asia-Pacific.''
B. Link and impact – restricting executive war powers undermines the ability to issue credible threats. Waxman, Professor of Law, Columbia Law School, 13 (Matthew, Adjunct Senior Fellow for Law and Foreign Policy, Council on Foreign Relations, “The Constitutional Power To Threaten War,” Draft, Forthcoming in YALE LAW JOURNAL, vol. 123 (2014), http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2316777, accessed 8-28-13, CMM)
C. Legal Reform and Strategies of … the credibility of presidential threats to escalate.
That’s key to prevent an East Asian arms race. Waxman, Professor of Law, Columbia Law School, 13 (Matthew, Adjunct Senior Fellow for Law and Foreign Policy, Council on Foreign Relations, “The Constitutional Power To Threaten War,” Draft, Forthcoming in YALE LAW JOURNAL, vol. 123 (2014), http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2316777, accessed 8-28-13, CMM)
Although the Obama administration … a destabilizing arms race.111
That escalates. Cimbala, Penn State Political Science Professor, 10 (Steven, Nuclear weapons and cooperative security in the 21st century: the new disorder, p. 117-118, ES)
Failure to contain proliferation … triggering a mistaken preemption.
On Wednesday, North Korea successfully … the global balance of power.
Proliferation causes nuclear terrorism Weitz, director of the Center for Political-Military Analysis and a Senior Fellow at the Hudson Institute, 10 (Richard, 6-12-10, The Diplomat, “South Asia’s Nuclear War Risk,” http://the-diplomat.com/2010/07/12/south-asiaE28099s-nuclear-war-risk/?all=true, accessed 10-9-11, CMM)
But what’s perhaps the most … nuclear weapons states. Terrorism leads to global nuclear war Speice, JD Candidate, February 2006 Patrick, 47 Wm and Mary L. Rev. 1427, Lexis
The potential consequences of the … use of nuclear weapons.
US primacy in Asia is key to prevent multiple scenarios for nuclear war Goh, Oxford International relation lecturer, 8 (Evelyn, 7/24/08, Oxford Journals Database, International Relations of the Asia-Pacific, “Hierarchy and the role of the United States in the East Asian security order,” 2008 8(3): 353-377)
Finally, conceiving of a US-led …. so would appear to be much worse.
In the Pacific today, the U.S. bases …. in Asia in which their full use is unnecessary.
Constraints on the use of force gut cred Pierce, Colonel, USAF, 12 (Jeffery, 6-17-12, Mater’s Thesis, “Coercion: A Credible and Capable United States Military Instrument of Power Key to Future US Foreign Policy Success,” http://www.dtic.mil/dtic/tr/fulltext/u2/a562347.pdf, accessed 9-7-13, CMM)
To accomplish foreign policy … coercer tires of the struggle.
Congressional restrictions undermine credible threats to use force. Howell and Pevehouse, Associate Professors at the Harris School of Public Policy at the University of Chicago, 5 (William and Jon, “Presidents, Congress, and the Use of Force,” International Organization 59. Winter 2005, pp. 209-232, esbco, accessed 9-8-13, CMM)
2. Conveying Political Resolve. Whether lower-level … presidents from initiating¶ force at all.
AT: Link Turn - Congress auth. boosts threat credibility
On the second assumption – that … would seem all the more prudent.
10/12/13
Ballot Currency
Tournament: Fullerton | Round: 1 | Opponent: Liberty CE | Judge: Mollison Uniqueness – problems with debate exist, but the ballot isn’t necessary to solve – multiple forums solve. Ritter ’13 MICHAEL J. RITTER , J.D. – Mr. Ritter received his law degree (J.D.) from the University of Texas School of Law. He is a former debater and currently coordinates the NATIONAL JOURNAL OF SPEECH 26 DEBATE – NJSD – VOLUME II: ISSUE One – SEPTEMBER 2013 – http://site.theforensicsfiles.com/NJSD.2-1.Final.pdf, p.32-3, accessed 10-5-13, TAP
The preceding discussion demonstrates …who did the better debating.
Turn – their method turns the ballot into a referendum on privilege within the debate community – that trades off with out-of-round community solutions that are necessary to solve. Ritter ’13 MICHAEL J. RITTER , J.D. – Mr. Ritter received his law degree (J.D.) from the University of Texas School of Law. He is a former debater and currently coordinates the NATIONAL JOURNAL OF SPEECH 26 DEBATE – NJSD – VOLUME II: ISSUE One – SEPTEMBER 2013 – http://site.theforensicsfiles.com/NJSD.2-1.Final.pdf, p.37, accessed 10-5-13, TAP
The fiction of social change through … community by prompting backlash.
2/19/14
Bioweapons PIC
Tournament: Fullerton | Round: Octas | Opponent: Harvard DT | Judge: Watson, Arnett, Moczulski, Harrigan, Smelko The United States Congress should prohibit the first use of nuclear forces without congressional approval except in response to a biological or chemical weapons attack.
AND – The CP solves and has a net-benefit of biological warfare
Maintaining nuclear deterrence against biological attacks is critical to an effective first use policy and prevent biological attacks – conventional deterrence is insufficient Martin, Florida Atlantic University Visiting Assistant Professor, 2001 Susan, "Responding to chemical and biological treast," International Security 25.4, http://muse.jhu.edu/journals/international_security/v025/25.4martin.html
The second problem with Sagan's argument … the potential costs of such an attack.
Biological weapon use would lead to extinction Richard Ochs, APG Superfund Citizens' Coalition, 6/9/02, "Biological Weapons Must be Abolished Immediately"
Of all the weapons of mass … is the highest of all crimes.
1/12/14
Cap K
Tournament: Texas | Round: 8 | Opponent: Rutgers RS | Judge: Toby Jacob Understanding oppression through the lens of identity politics misunderstands historical antagonisms - foregrounding class is the only effective form of resistance. Ebert, State University of New York Albany cultural theory professor, 5 Teresa, Science and Society 69.1, “Rematerializing Feminism” Academic Search Complete, p.33-55, accessed 10-19-13, TAP
I am not in any way rejecting sexuality, … antagonism of wage-labor and capital.
Prefer boring politics—key to prevent criticism from being an end in itself—we alternative is war against capital Frank '12 (Thomas, brilliant badass, author of What's the Matter with Kansas? and editor of The Baffler "To the Precinct Station: How theory met practice …and drove it absolutely crazy" http://www.thebaffler.com/past/to_the_precinct_station)
Occupy itself is pretty much … of protesting is what protesting is all about.
Aware of the benefits of a … each of the four regions it is active.
Lashout and extinction Yee Prof Politics and IR ‘2, Professor of Politics and International Relations at the Hong Kong Baptist University and Storey, Lecturer in Defence Studies at Deakin University, 02 (Herbert Yee, and Ian Storey, Lecturer in Defence Studies at Deakin University, 2002, “The China Threat: Perceptions, Myths and Reality,” p5)
The fourth factor contributing … neighbours and the world.
3/29/14
Commission CP
Tournament: USC | Round: 6 | Opponent: NU OS | Judge: Arnett Text: The United States Congress should establish a nonpartisan commission to study U.S. targeted killing policy. After a two month deliberation process, the commission should recommend the United States Federal Government should create a statutory cause of action for damages for those unlawfully injured by targeted killing operations, their heirs, or their next friend.
Commissions garner bipartisan support and catalyze change – the process is key, which means any perm is either severance or links to politics. Tama, assistant professor at American University’s School of International Service, 11 (Jordan, 4-20-11, “In Defense of Blue-Ribbon Commissions,” http://www.democracyjournal.org/arguments/2011/04/in-defense-of-blue-ribbon-commissions.php, accessed 12-27-13, CMM)
But my research on over 50 blue-ribbon commissions … facilitating bipartisan agreement on pressing challenges.
1/4/14
Court Clog
Tournament: GSU | Round: 3 | Opponent: Kansus BC | Judge: Nick Ryan A judicial ruling on war powers breaks the political question doctrine causing court clog. Lindsay, Senior Vice President, Director of Studies, CFR, 11 (James, 4-5-11, “Is Operation Odyssey Dawn Constitutional? Part V,” http://blogs.cfr.org/lindsay/2011/04/05/is-operation-odyssey-dawn-constitutional-part-v/, accessed 8-5-13, CMM)
Why have the courts in … the government does.
This forces trade offs – to relieve pressure, the Court will summarily dispose of cases, ensuring legal incoherence ABA Journal editorial, 82 (January, 68 American Bar Association Journal, 8, Two needed improvements)
The National Court of Appeals … is the proper route to review.
That guts solvency and collapses the rule of law Caminker, UCLA School of Law professor, 94 (November, Evan H., Texas Law Review, 73 Tex. L. Rev. 1, Precedent and Prediction: The Forward-Looking Aspects of Inferior Court Decisionmaking)
Second, uniformity makes …overrulings and hence discontinuity.
Rule of law is key to check tyranny George, Princeton Professor of Jurisprudence and Director of the James Madison Program in American Ideals and Institutions, 1 (Robert P. George, American Journal of Jurisprudence, “REASON, FREEDOM, AND THE RULE OF LAW: THEIR SIGNIFICANCE IN THE NATURAL LAW TRADITION”, 46 Am. J. Juris. 249)
Indeed, Fullerand#39;s critics … tyrannies like the Nazis.
9/25/13
Cyber Deterence CP
Tournament: KY RR | Round: 7 | Opponent: Harvard BS | Judge: Justin Green Text: The United States Federal Government should clarify that the Department of Defense has the legal authority and intent to conduct proportional offensive cyber operations to “counter imminent threats to the United States’ national interests in cyberspace” on orders of the President. The United States Federal Government should store backups of offensive cyber capabilities in offline locations and invest in maintenance of secure telephone and radio lines for chain of command communications.
U.S. intelligence services … few other details about the operations.
B. Link – restrictions undermine effectiveness. Lorber, J.D. Candidate, University of Pennsylvania Law School, 13 (Eric, Ph.D Candidate, Duke University Department of Political Science, January, “COMMENT: Executive Warmaking Authority and Offensive Cyber Operations: Can Existing Legislation Successfully Constrain Presidential Power?,” 15 U. Pa. J. Const. L. 961, lexis, accessed 7-26-13, CMM)
V. A Middle Ground of Legal Oversight¶ ¶ This analysis suggests … useful in developing this understanding.
Second, the U.S. is only willing to … use every weapon at our disposal to protect ourselves.
Hegemony solves war – declines means conflict Khalilzad, former U.S. ambassador to Afghanistan, Iraq, and the UN, 2-8-11 (Zalmay, United States ambassador to Afghanistan, Iraq, and the United Nations during the presidency of George W. Bush and the director of policy planning at the Defense Department from 1990 to 1992, National Review Online, “The Economy and National Security,” http://www.nationalreview.com/articles/259024/economy-and-national-security-zalmay-khalilzad, accessed 2-8-11, CMM)
We face this domestic … aggressive moves in their regions.
10/5/13
Cyber Virilio Answers
Tournament: KY RR | Round: 7 | Opponent: Harvard BS | Judge: Justin Green Speed is good – democracy checks the impact AND reclamation is necessary – they foreclose that. Armitage, University of Northumbria politics and media studies lecturer, 2000 John, “Beyond Postmodernism? Paul Virilio's Hypermodern Cultural Theory” http://www.ctheory.net/articles.aspx?id=133#bio, accessed 9-28-13, TAP
Virilio's cultural theory and numerous … 'now that the living outnumber the dead'.
Sheldon Wolin seeks to save local … cosmopolitanism in the late-modern time.
No impact – speed increases resilience. Thrift, University of Oxford geography professor, 2004 Nigel, “But Malice Aforethought: Cities and the Natural History of Hatred Centre of Contemporary Culture of Barcelona” http://www.cccb.org/rcs_gene/malice_aforethought.pdf, p.5-6, accessed 9-30-13, TAP
Recently, this general hum of activity … incorporated into ¶ this burgeoning structure.
In mid-2010, thousands of centrifuges, enriching … proper international response might be.
Strong offensive capabilities solves deterrence in cyberspace – checks escalation Crosston, director of the International Security and Intelligence Studies Program and chair of political science at Bellevue University, 11 (Matthew, “World Gone Cyber MAD: How “Mutually Assured Debilitation” Is the Best Hope for Cyber Deterrence,” Strategic Studies Quarterly ? Spring 2011, http://www.au.af.mil/au/ssq/2011/spring/spring11.pdf, accessed 8-25-13, CMM)
Many cyber experts say the United States is … systems basically give these actors free reign.
Cumulative deterrence solves Sterner, fellow at the George C. Marshall Institute, 11 (Eric, held senior staff positions at the House Armed Services and Science Committees and served in the Office of the Secretary of Defense and as NASA’s associate administrator for policy and planning, “Retaliatory Deterrence in Cyberspace,” Strategic Studies Quarterly ? Spring 2011, http://www.au.af.mil/au/ssq/2011/spring/spring11.pdf, accessed 8-25-13, CMM)
An Alternative Model¶ The limits of risk … but it is also far from hopeless.
Cyber threats are hype – everyone has an incentive to play them up Rid, Reader in the Department of War Studies at King's College London, 3-13-13 (Thomas, non-resident fellow at the School for Advanced International Studies, Johns Hopkins University, in Washington, DC, “The Great Cyberscare,” http://www.foreignpolicy.com/articles/2013/03/13/the_great_cyberscare?page=full, accessed 3-14-13, CMM)
The White House likes a bit of … informants whose veracity is hard to assess.
They only foreclose the means to use the information bomb – they only result in pursuit of the genetic bomb. Dumoucel, Vice, 2010 Caroline, interviewing Virilio, “Paul Virilio” http://www.vice.com/read/paul-virilio-506-v17n9, accessed 9-28-13, TAP
What do you think of Ray … Remember the replicants in that movie…
Extinction. Annas et al, Boston University school of public health health law professor, 2002 George, Lori Andrews, Chicago-Kent College of law professor, and Rosario Isasi, Boston University school of public health bioethics fellow, American Journal of law and medicine, 28 Am. J. L. and Med. 151, “THE GENETICS REVOLUTION: CONFLICTS, CHALLENGES AND CONUNDRA: ARTICLE: Protecting the Endangered Human: Toward an International Treaty Prohibiting Cloning and Inheritable Alterations” Lexis, accessed 2-20-13, TAP
Just as two primary arguments in …, it is hard to see what is. n30
Growth sustainable – innovation creates exponential resource growth Taylor, senior fellow at the Cato Institute, 2 Jerry, 8-26, “Sustainable Development: A Dubious Solution in Search of a Problem,” http://www.cato.org/pubs/pas/pa449.pdf, Accessed 11-2-10, WHS
The call for sustainable development … theoretical difficulties— is a solution in search of a problem.
Virilio allows his religion to influence his politics – he is overly optimistic. Kellner, University of California Los Angeles philosophy professor, No Date Douglas, “Virilio, War, and Technology: Some Critical Reflections” http://www.uta.edu/huma/illuminations/kell29.htm, accessed 9-28-13, TAP
Virilio theorizes speed, dynamics, … of modern politics.4
You said once that “choosing … sees a chance behind every calamity.”
10/5/13
Deference DA
Tournament: GSU | Round: 3 | Opponent: Kansus BC | Judge: Nick Ryan 1NC A. Uniqueness and Link – the Courts are maintaining executive deference on war powers issues now – the aff would break doctrines of standing, ripeness, and political questions. *They don’t think Congress or the President have standing Ripeness *Avoiding “political” decisions Lindsay, Senior Vice President, Director of Studies, CFR, 11 (James, 4-5-11, “Is Operation Odyssey Dawn Constitutional? Part V,” http://blogs.cfr.org/lindsay/2011/04/05/is-operation-odyssey-dawn-constitutional-part-v/, accessed 8-5-13, CMM)
Most Americans think of the … the country’s future course.
B. Impact – deference is key to heg Rivkin and Casey, partners in the Washington, D.C., office of Baker and Hostetler LLP, 6 (David and Lee, served in the Justice Department during the Reagan and Bush 41 administrations, “Enfeebling the Presidency,” NATIONAL REVIEW/ JUNE 1 9 , 2 0 0 6, ebsco, accessed 8-18-13, CMM)
Even exercising a vigorous … today as it¶ was in 1787. ¶¶¶
Hegemony solves war – declines means conflict Khalilzad, former U.S. ambassador to Afghanistan, Iraq, and the UN, 2-8-11 (Zalmay, United States ambassador to Afghanistan, Iraq, and the United Nations during the presidency of George W. Bush and the director of policy planning at the Defense Department from 1990 to 1992, National Review Online, “The Economy and National Security,” http://www.nationalreview.com/articles/259024/economy-and-national-security-zalmay-khalilzad, accessed 2-8-11, CMM)
We face this domestic challenge … moves in their regions.
2NC Judicial intervention on war powers causes massive backlash – guts legitimacy Chesney, Professor, University of Texas School of Law, 9 (Robert, October, “ARTICLE: NATIONAL SECURITY FACT DEFERENCE,” 95 Va. L. Rev. 1361, lexis, accessed 8-16-13, CMM)
3. Institutional Self-Preservation¶ ¶ Judicial … the likelihood - that such concerns will play some role.
AT: Recent Court Cases Undermine Deference Recent detention cases haven’t undermined deference – the court still give the executive leeway Waxman, Columbia Associate Law Professor, 9 (Matthew, “Can Courts Be ‘Trusted’ in National Security Crises?,” http://www.fljs.org/sites/www.fljs.org/files/publications/Waxman.pdf, accessed 9-10-13, CMM)
To those who view courts as … he¶ believes necessary.’
Deference now – implementation of decisions grant the executive significant flexibility Scheppele, Professor of Sociology and Public Affairs in the Woodrow Wilson School and University Center for Human Values; Director of the Program in Law and Public Affairs, Princeton University, 12 (Kim Lane, Jan., “ARTICLE: THE NEW JUDICIAL DEFERENCE,” 92 B.U.L. Rev. 89, lexis, accessed 9-10-13, CMM)
*93 But, I will argue, deference is … of judicial deference.
So far the Supreme Court has … of¶ coercive state powers.
Deference is key to readiness Chesney, Professor, University of Texas School of Law, 9 (Robert, October, “ARTICLE: NATIONAL SECURITY FACT DEFERENCE,” 95 Va. L. Rev. 1361, lexis, accessed 8-16-13, CMM)
2. The Collateral Impact of Non-Deferential Review¶ ¶ Advocates of … withheld on secrecy grounds. n222
Richard writes:¶ Steve’s post arguing that …. cases brought against military officials and policymakers.
9/25/13
Disclosure
Tournament: Texas | Round: 8 | Opponent: Rutgers RS | Judge: Toby Jacob A. Interpretation – arguments read in previous debates should be publicly accessible on the wiki in either open source fashion, complete citations, or a complete description of the argument
Debaters should post their arguments – a judge or competitor does not count – secondary information is often incomplete or entirely inaccurate – round reports should have a description of their arguments and answers to arguments in the debate
2. Source citations should be complete – they should include enough information to find the parts of the text used in the debate – this means the citation should include name, title, publication, date, URL if applicable, page number, and enough first and last keywords
B. Reasons to Vote –
Argument quality – our interpretation increases it substantially –
a. Rigorous testing is key to argument improvement – disclosure is key Torvalds, Linux creator, and Diamond, New York Times contributor, 1 Linus (Creator of Linux) and David (freelance contributor to the New York Times and Business Week); November/December; Educause Review; “Why Open Source Makes Sense”; http://net.educause.edu/ir/library/pdf/erm01613.pdf, p. 71-2, accessed 2-6-14, AFB
It's the best illustration of the … peers. That's got to be highly motivating.
b. Secrecy compromises their advocacy – in a disclosure model there is no incentive to hide bad arguments, and weak arguments won’t be run Raymond, open source advocate, 99 Eric S., Hacker, GNU Contributor, Co-Developer of Fetchmail, Nethack, Emac’s VD and GUD modes; 8-8-99, “The Cathedral and the Bazaar”; August 8; http://www.catb.org/esr/writings/, accessed 2-6-14, AFB
In The Mythical Man-Month, Fred … explosions or Linux.
2. Education—our interp increases both breadth and depth of education Breadth – this is really just simple math – every innovation or argument would expand the research and education base. Depth -- Without the secrecy element of research, pre-tournament research is spent understanding arguments and how to interact with them, instead of just spending hours sending scouting emails 3. Fairness—open source reduces entry barriers and solves resource disparities Antonucci, debate coach, 5 Michael, 12-8-5, Edebate, “eDebate open source? resp to Morris”; December 8; http://cedadebate.org/pipermail/mailman/2005-December/060990.html, accessed 2-6-14, AFB
a. Open source systems are … the KGB after specific counter-revolutionary teams.
Vote negative – This is our model for debate—we think our disclosure model is better than a closed system for evidence
The ballot is key – the only way to foster the more open model is to vote for it – a competitive cost will change behavior – the educational benefit is overwhelming – need to change the competitive cost-benefit analysis in order to solidify the norm
2. Norm solidification good – restoring the wiki norm would reduce free-riding and and allow preparation and debates to focus on the merits – not scouting emails and theory
2/19/14
Drone Courts Answers-KY RR
Tournament: KY RR | Round: 4 | Opponent: Michigan AP | Judge: Repko Ex ante TK courts fail – secrecy prevents legitimacy and the executive will cheat the system CHONG, Yale Law School, J.D. candidate, 12 (Jane, “NOTE: Targeting the Twenty-First-Century Outlaw,” 122 Yale L.J. 724, lexis, accessed 9-27-13, CMM)
In theory, establishing a special …, appraisals of when due process has been denied.
Regardless, creating a judicial or … to oversee targeting decisions.
10/2/13
Drone Prolif Answers
Tournament: GSU | Round: 1 | Opponent: Michigan KeKe | Judge: Steiner Drones don’t cause war – diplomatic and political costs check. Singh, Center for a New American Security researcher, 2012 Joseph, 8-13-12, “Betting Against a Drone Arms Race” http://nation.time.com/2012/08/13/betting-against-a-drone-arms-race/, accessed 7-26-13, TAP
Bold predictions of a coming … other aerial engagement.
These three topics are deeply intertwined, … from unseen robots in the sky. Restricted detention leads to increased drone use Chesney, Professor in Law, University of Texas School of Law, 11 (Robert, “ARTICLE: WHO MAY BE HELD? MILITARY DETENTION THROUGH THE HABEAS LENS”, Boston College Law Review, 52 B.C. L. Rev 769, Lexis, accessed 9-17-13, CMM)
The convergence thesis describes one manner in … takes place through the lens of habeas corpus litigation. Increased drone use sets a precedent that causes South China Sea conflict Roberts, National Journal, 13 (Kristen, News Editor at National Journal, “When the Whole World Has Drones”, 3/22/13, http://www.nationaljournal.com/magazine/when-the-whole-world-has-drones-20130321, accessed 9-17-13, CMM)
And that’s a NATO ally seeking the capability to … for an engagement by the United States government.” Extinction Wittner, Professor of History at the State University of New York/Albany, 11 (Lawrence S., Emeritus, Wittner is the author of eight books, the editor or co-editor of another four, and the author of over 250 published articles and book reviews. From 1984 to 1987, he edited Peace and Change, a journal of peace research., 11/28/2011, and#34;Is a Nuclear War With China Possible?and#34;, www.huntingtonnews.net/14446, accessed 9-17-13, CMM)
The gathering tension between the United … generating chaos and destruction.
10/2/13
EU CP
Tournament: NDT | Round: 3 | Opponent: NU MV | Judge: Butt, Voss, Malsin Text: The European Union should eliminate targeted killing guided by self-defense.
EU action sets global drone norms and solves the negative US model. Dworkin, senior policy fellow at the European Council on Foreign Relations, 13 (Anthony, “DRONES AND TARGETED KILLING: DEFINING A EUROPEAN POSITION,” http://ecfr.eu/page/-/ECFR84_DRONES_BRIEF.pdf, accessed 3-4-14, CMM)
This policy brief sketches the outline of a …position more clearly at this point.
3/29/14
Ex Post CP
Tournament: KY RR | Round: 4 | Opponent: Michigan AP | Judge: Repko Text: The United States Federal Judiciary should hold that United States’ targeted killing operations should be subject to judicial ex post review, including redress from the United States Federal Government for those injured by operations and family members.
Ex post review solves legitimacy and accountability better than the aff. Jaffer, American Civil Liberties Union center for democracy director, 13 Jameel, 126 Harv. L. Rev. F. 185, “Judicial Review of Targeted Killings” http://www.harvardlawreview.org/issues/126/april13/forum_1002.php, accessed 9-4-13, TAP
The argument for some form of … judicial review is infeasible by definition.)
Ex ante causes rubber-stamping – guts legitimacy Vladeck, professor of law and the associate dean for scholarship at American University Washington College of Law, 13 (Steve, 2-10-13, “Why a “Drone Court” Won’t Work–But (Nominal) Damages Might…,” http://www.lawfareblog.com/2013/02/why-a-drone-court-wont-work/, accessed 9-26-13, CMM)
III. Drone Courts and the Legitimacy Problem¶ That brings me to … would be a very dangerous idea.
Ex ante wrecks executive flex – turns the case Vladeck, professor of law and the associate dean for scholarship at American University Washington College of Law, 13 (Steve, 2-10-13, “Why a “Drone Court” Won’t Work–But (Nominal) Damages Might…,” http://www.lawfareblog.com/2013/02/why-a-drone-court-wont-work/, accessed 9-26-13, CMM)
II. Drone Courts and the Separation of Powers¶ In my view, the … the competence to do so.
10/2/13
Exec CP
Tournament: GSU | Round: 1 | Opponent: Michigan KeKe | Judge: Steiner Text: The President of the United States should restrict itself from using drones for targeted killing.
The executive can institutionalize practice on its own. Johnson, former Pentagon general counsel, 3-18-13 Jeh Charles, “Keynote address at the Center on National Security at Fordham Law School: A “Drone Court”: Some Pros and Cons” http://www.lawfareblog.com/2013/03/jeh-johnson-speech-on-a-drone-court-some-pros-and-cons/, accessed 9-3-13, TAP *gender modified
Third, the President can and … of a presidential nominee for a lot less.
10/2/13
Exec CP - Multiplank v drones
Tournament: KY RR | Round: 4 | Opponent: Michigan AP | Judge: Repko Text: The Executive branch of the United States federal government should establish an internal national security court to review targeted killing decisions and provide due process for targeting decisions. The Executive branch should establish ex ante transparency of targeted killing standards and procedures. The Executive branch should conduct internal investigations of agencies conducting targeted killing operations led by each respective agency’s Inspector General.
The Executive will relinquish authority to detain immigrants. Internal national security courts improve decision-making and accountability Katyal, former acting solicitor general, 2-20-13 Neal, Georgetown national security law professor, “Who Will Mind the Drones?” http://www.nytimes.com/2013/02/21/opinion/an-executive-branch-drone-court.html?_r=0, accessed 9-3-13, TAP
But the drone court idea is a …those of liberty and justice.
Transparency solves accountability Daskal, Fellow and Adjunct Professor, Georgetown Center on National Security and the Law, Georgetown University Law Center, 13 (Jennifer, April “ARTICLE: THE GEOGRAPHY OF THE BATTLEFIELD: A FRAMEWORK FOR DETENTION AND TARGETING OUTSIDE THE "HOT" CONFLICT ZONE,” 161 U. Pa. L. Rev. 1165, lexis, accessed 9-30-13, CMM)
4. Procedural Requirements¶ Currently, officials in the executive … for their decisionmaking, thus enhancing accountability.
Internal review is key avoid national security leaks that compromise counter-terror – turns the case. Murphy, Professor of Law, Texas Tech University School of Law and Radsan, Professor, William Mitchell College of Law, 9 (Richard and Afsheen, “ARTICLE: DUE PROCESS AND TARGETED KILLING OF TERRORISTS,” 32 Cardozo L. Rev. 405, lexis, accessed 9-27-13, CMM)
B. Due Process and Intra-Executive Control of … balance favors an intra-executive review at least as intrusive as IG review.
10/2/13
Exec CP w Cred Net Benefit
Tournament: GSU | Round: 3 | Opponent: Kansus BC | Judge: Nick Ryan Text: The Executive Branch of the United States should abide by treaty restrictions placed on the war powers authority of the President of the United States in the area of indefinite detention.
Self-restraint boosts prez cred Pildes, Professor of Constitutional Law, NYU School of Law and Co-Director, NYU Center on Law and Security, 12 (Richard, April, “BOOK REVIEW: LAW AND THE PRESIDENT,” 125 Harv. L. Rev. 1381, lexis, accessed 9-6-13, CMM
Second, and central to Posner … so will produce better outcomes.
Credibility is key to overall presidential power Posner, Professor of Law, The University of Chicago Law School, and Vermeule, Professor of Law, Harvard Law School, 7 (Eric and Adrian, “ARTICLE: The Credible Executive,” 74 U. Chi. L. Rev. 865, lexis, accessed 9-11-13, CMM)
Conclusion¶ For presidents, …make all concerned better off.
A strong president is key avert Kashmiri conflict Coes, former speechwriter in the George H.W. Bush administration, 11 (Ben, former fellow of the Harvard University Institute of Politics, managing partner at Mustang Management Partners. Ben is a senior manager and entrepreneur with 10+ years of management experience in both the private and public sectors, Ben most recently served as campaign manager for Mitt Romneyand#39;s successful run for Governor of Massachusetts in 2002, 9-30-11, “The disease of a weak president,” http://dailycaller.com/2011/09/30/the-disease-of-a-weak-president/?print=1, accessed 9-11-13, CMM)
Unfortunately, President …status quo is simply not an option.
Indo-pak conflict guarantees nuclear winter Fai, executive director at Kashmiri American Council, ‘1 (Ghulam, Executive director @ Kashmiri American Council, Wash Times, 7/8, lexis)
The most dangerous place … Fissile Material/Cut-off Convention.
9/25/13
Exec Cp 2nc
Tournament: KY RR | Round: 2 | Opponent: NU MV | Judge: Sherry Hall Exec CP legit
2. Education – the counterplan is at the core of the debate. Katyal, Professor of Law, Georgetown University Law Center, 6 (Neal Kumar, “THE MOST DANGEROUS BRANCH? MAYORS, GOVERNORS, PRESIDENTS, AND THE RULE OF LAW: A SYMPOSIUM ON EXECUTIVE POWER: ESSAY: Internal Separation of Powers: Checking Todayand#39;s Most Dangerous Branch from Within,” 115 Yale L.J. 2314, lexis, accessed 8-16-13, CMM)
Of course, Congress has not passed … principles envisioned by our Founders. n21
Debating this process is critical to policymaking education Richard Elmore, University of Washington Public Affairs professor, 1980, Science Quarterly, p. 606-8
The stakes involved in choosing an analytic … of the task is an important source of knowledge about how to do it better.
So itand#39;s not that either. The real … DC for the better.
It creates a precedent through legal internalization Bradley, Professor of Law, Duke Law School, and Morrison, Professor of Law, Columbia Law School, 13 (Curtis and Trevor, 1-15-13, “PRESIDENTIAL POWER, HISTORICAL PRACTICE, AND LEGAL CONSTRAINT,” http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2191700, accessed 9-11-13, CMM)
A. Norm Internalization¶ Perhaps the most … of their professional roles. ¶¶¶
10/2/13
Flex DA
Tournament: GSU | Round: 1 | Opponent: Michigan KeKe | Judge: Steiner Legislation results in rigid lock-in of practice – executive action maintains flexibility Pillar, Visiting Professor and Director of Studies of the Security Studies Program in the Edmund A. Walsh School of Foreign Service at Georgetown University, 10 (Paul, retired in 2005 from a twenty-eight-year career in the U.S. intelligence community, senior positions included National Intelligence Officer for the Near East and South Asia, Deputy Chief of the DCI Counterterrorist Center, and Executive Assistant to the Director of Central Intelligence, “RESPONSES TO THE TEN QUESTIONS,” http://web.wmitchell.edu/national-security-forum/wp-content/uploads/2011/06/12-Pillar-Published-Version-except-1st-page.pdf, accessed 9-6-13, CMM)
Nuclear terrorism escalates Speice, JD Candidate, February 2006 Patrick, 47 Wm and Mary L. Rev. 1427, Lexis
The potential consequences …of nuclear weapons.
Prolif causes extinction Victor A. Utgoff, Deputy Dir – Strategy, Forces, and Resources Division, Institute for Defense Analysis, Proliferation, Missile Defence and American Ambitions, Survival, Vol. 44, No. 2, 2002, p. 87-90
Many readers are probably … or even whole nations.
10/2/13
Flex DA - Congress Link
Tournament: USC | Round: 3 | Opponent: Wayne JS | Judge: Austin Layton Increasing Congressional war powers triggers major uncertainty in U.S. power Haass, president of the Council on Foreign Relations, 12-10-13 (Richard, “How to Save Congress: Stop Meddling on Foreign Policy,” http://www.politico.com/magazine/story/2013/12/can-congress-be-saved-100974_Page5.html, accessed 12-31-13, CMM)
The greatest threat to U.S. national … to the strength of the dollar.
1/3/14
Force Feeding Case Answers
Tournament: Harvard | Round: 7 | Opponent: Iowa HK | Judge: Feldman Numerous cultural and historical factors have gone into Guantanamo—aff can’t solve broader violence and there is no broader impact Tagma, ASU political science professor, 09 Halit, Professor of Political Science, Arizona State , “Homo Sacer vs. Homo Soccer Mom: Reading Agamben and Foucault in the War on Terror,” Alternatives: Global, Local, Political, Vol. 34, No. 4 (Oct.-Dec. 2009), pp. 427-28, accessed: 10-22-13. CAS
Sovereign decisions are always already … informed and shaped by biopower.
While Syria dominates the news … are on shorter solidarity hunger strikes.
Solidarity doesn’t solve – Constitution Project has already tried The Huffington Post, 13 April 16, 2013 Tuesday 6:50 PM EST, “U.S. Tortured Detainees And Top Officials Are Responsible: Report”, Lexis, AFB
Apr 16, 2013 (The Huffington com/ Delivered by Newstex) WASHINGTON -- A two-year independent … New York Times op-ed by a prisoner6 there brutally detailed.
2NC:
No solvency – solidarity groups demands are dismissed PNN, Palestine News Network, 8-2-13 (PNN) – English, “12 Hunger Strikers Risk Death in Israeli Jails, Lexis
PNN Twelve Palestinian and Jordanian detainees … specific demands to improve detainees' living conditions.
Celebrity solidarity didn’t stop Obama The Huffington Post, 13 July 11, 2013 Thursday 6:40 PM EST, When a Rapper's Actions Speak Louder Than His Words -- A Tribute to Yasiin Bey's Bravery, Lexis, AFB
At 33, despite growing up in Brooklyn … judge to speak out, but I applaud Bey's efforts to hope for change we can all believe in.
11/1/13
Framework
Tournament: KY RR | Round: 7 | Opponent: Harvard BS | Judge: Justin Green A. Definition – the “United States Federal Government” is the legislative, judicial, and executive branches. USA.gov, the U.S. government's official web portal, 9 (“U.S. Federal Government”, http://www.usa.gov/Agencies/federal.shtml, accessed 7-29-9)
3. must; ought … not do that. “Restrict” is to prevent Corpus Juris Secundum, 1931 (Volume 54, p. 735)
RESTRICT: To confine… restrain without bounds.
“War powers” refers to the authority to use military force Waxman, Professor of Law, Columbia Law School, 13 (Matthew, Adjunct Senior Fellow for Law and Foreign Policy, Council on Foreign Relations, “The Constitutional Power To Threaten War,” Draft, Forthcoming in YALE LAW JOURNAL, vol. 123 (2014), http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2316777, accessed 8-28-13, CMM)
As to the constitutional … ones to be dangerously rash.11
Offensive cyber operations include attacks or exploitation Lin, Chief Scientist, Computer Science and Telecommunications Board, National Research Council (NRC) of the National Academies, 10 (Herbert S, was a staff member and scientist for the House Armed Services Committee (1986-1990), “Offensive Cyber Operations and the Use of Force,” JOURNAL OF NATIONAL SECURITY LAW and POLICY Vol. 4:63, http://jnslp.com/wp-content/uploads/2010/08/06_Lin.pdf, accessed 7-11-13, CMM)
Hostile actions against a computer … opportunities to¶ discover that presence.
B. Violation – the aff doesn’t restrict the president’s war powers authority in one of the 4 topical areas.
C. Fairness–
Predictable ground – USFG action is critical to all negative strategies – there are an infinite amount of non-policy advocacies that are impossible to predict – USFG is key to all generic negative arguments. 2. Aff conditionality- only a resolutionally-based plan prevents shifting advocacies- their framework allows aff vagueness, allowing the aff to become a moving target which destroys discussion, advocacy skills and fair ground.
D. Impacts –
Unpredictable or unfair debates preclude an informed discussion that rigorously tests the efficacy of their approach- this collapses civic deliberation because it prevents informed clash. This outweighs all other impacts - fairness is a prerequisite for voting for one team’s arguments or advocacy over the other’s - because we can’t test the truth-value of an argument or advocacy without rigorously testing it.
2. Predictability is the key starting point for discussion Shively, former Texas AandM political science assistant professor, 2K Ruth, Political Theory and Partisan Politics, edited by Portis, Gundersen, and Shively, “Political Theory and the Postmodern Politics of Ambiguity,” 181-2
The requirements given thus far … some basic agreement or harmony.
3. Fairness is key to education- agreed fundamental rules are essential to prevent political debates from devolving into irresolvable ideological disputes- their framework guarantees resistance and hostility Portis, Gunderson and Shively, Texas AandM political science professors, 2K Edward Bryan, Adolf G., and Ruth Lessl, Political Theory and Partisan Politics, 2-3
By extension, partisan divisions … assessed and alternative positions evaluated.
Decision-making—debate over a controversial point of action creates argumentative stasis—that’s key to avoid a devolution of debate into competing truth claims Steinberg, University of Miami Communication Studies lecturer, and Freeley, Boston-based criminal, personal injury and civil rights law attorney, 8 David L. and Austin J., Argumentation and Debate: Critical Thinking for Reasoned Decision Making p. 45
Debate is a means of settling differences, … outlined in the following discussion.
Debate games are often based on … be dialogue as an end in itself” (Wegerif, 2006: 61).
4. Evaluating between policy options is key to real world education about possible reforms- their interpretation devastates learning about the real world. The inherent vagueness of their broad advocacy statements and lack of analysis of mechanisms, actors and implementation destroy reciprocal and coherent deliberation about the merits of an idea- a resolutionally-based policy focus is key to rigorous testing of ideas.
5. Topical version of the aff solves – advocating USFG action solves their offense while avoiding ours. Switch side debate uniquely solves critical thinking through deliberation that solves all existential problems – debate creates critical thinking skills that empower and affirm life amidst societal information overload. Also answers debate bad Lundberg, University of North Carolina Chapel Hill communications professor, 2010 Christian, Navigating Opportunity: Policy Debate in the 21st Century by Allan Louden, “Tradition of Debate in North Carolina” http://books.google.com/books?id=ntHxX_9J7gYCandprintsec=frontcover#v=onepageandq=complex20worldandf=false, p.311-3, accessed 8-8-12, TAP
The second major problem with the … to debate at colleges and universities.
10/5/13
Framework - 2NC Devil in Details
Tournament: Kentucky | Round: 6 | Opponent: Oklahoma LM | Judge: Weil Devil in details - generic
But, the devil is in the details – its true for war powers Currie, professor of law at Chicago, 3 (David, May, “SURVEY: II. CONSTITUTIONAL LAW: FOREIGN AFFAIRS: PRESIDENTIAL INITIATIVE AND CONGRESSIONAL CONTROL: The President's Authority over Foreign Affairs: An Essay in Constitutional Interpretation. By H. Jefferson Powell,” 101 Mich. L. Rev. 1453, Lexis, accessed 9-30-13, CMM)
It is here, I believe, that Professor … consistent with the constitutional plan.
WPR proves. Litwak, Candidate for Doctor of Jurisprudence, University of North Carolina School of Law, 12 (Brian, “Putting Constitutional Teeth Into a Paper Tiger: How to Fix the War Powers Resolution,” NATIONAL SECURITY LAW BRIEF Vol. 2, No. 2, http://digitalcommons.wcl.american.edu/cgi/viewcontent.cgi?article=1034andcontext=nslb, accessed 8-6-13, CMM)
C. Criticisms of the WPR To promulgate a workable solution to the … nature of resolution inapposite.
The OWS reluctance to formulate … they are – to point B – where they want to be.
Advocates must learn to engage the public’s line of thinking—abstract moralism without addressing how to get our policies passed is useless – Isaac Indiana University political science professor, 2 Jeffrey, Spring 2002, Dissent, “Ends, Means, and Politics”, EBSCO, accessed 10-6-13, AFB
What is striking about much of the political … arrogance. And it undermines political effectiveness.
all neg ground is based on concrete proposals. AND – this leads to a race to the bottom of the aff articulating non-debatable moral standards – fair debate is based on their application through specific policy proposals Ignatieff, Harvard Carr Center for Human Rights Policy director and human rights practices professor, 04 Michael, The Lesser Evil: Political Ethics in an Age of Terror, 20-21
As for moral perfectionism, …. right might lead us to betray another.
Devil in details - drones
Specifically true for drones. Guiora, Professor of Law, S.J. Quinney College of Law, University of Utah, 12 (Amos, Fall, “Targeted Killing: When Proportionality Gets All Out of Proportion,” Case Western Reserve Journal of International Law, http://law.case.edu/journals/JIL/Documents/45CaseWResJIntlL1and2.13.Article.Guiora.pdf, accessed 9-29-13, CMM)
The U.S. drone policy raises … between the individuals who pose a threat and those who do not.
Devil in details - cyber
Clear plans of action are key to any political viability in cyber policy. Belk, Naval aviator and Politico-Military Fellow at the Harvard Kennedy School, and Noyes, senior associate with the cybersecurity practice at Good Harbor Consulting, 12 (Robert, in his 16 years of service, he has made four carrier-based deployments and one ground-based deployment to Iraq. Following graduation, he is scheduled to report to the Naval Operations staff in the Pentagon to develop and execute Navy network and cybersecurity policy, Matthew, served for five years as an infantry officer in the US army serving multiple tours in Iraq, 3-20-12, “On the Use of Offensive Cyber Capabilities,” http://belfercenter.ksg.harvard.edu/files/cybersecurity-pae-belk-noyes.pdf, accessed 8-18-13, CMM)
The majority of current literature on …conducing productive cyber policy discussions.
10/12/13
Ground Spec
Tournament: GSU | Round: 8 | Opponent: Kentucky GR | Judge: Marionetti A. Violation: The plan fails to specify on what grounds the Court rules.
B. Voting Issue:
Education: The Court never announces a decision without a reasoned opinion to explain the grounds of the decision. This is especially true when overruling a former precedent. Failure to specify eliminates education about Court procedures and about the various grounds on which the Court could overturn any of the cases in the resolution.
2. Ground: Specification of the grounds for decision is critical to negative solvency arguments and disad links. If the Court overrules a former decision on procedural grounds versus substantive grounds, or on Fourteenth Amendment versus Commerce Clause grounds, the effect on the law and the response by the public will be drastically different.
3. Solvency Take-Out: Failure to specify the grounds for the decision takes out solvency – the plan has no legal weight. Vote negative on presumption. Post, Professor of Law – UC-Berkeley, 2001 Robert, 85 Minn. L. Rev. 1267, May
n292. So, for example, the … for the opposing view. Dissenting Opinions, 20 Am. L. Rev. 428, 429 (1886).
AND, Failure to specify undermines legitimacy of the Court and the decision Caminker, Professor of Law – University of Michigan, 1999 Evan, 97 Mich. L. Rev. 2297, August
a. Adjudication as a … produced. Process, not result, is paramount.
9/25/13
Heg Turn v Homonationalism
Tournament: Texas | Round: 4 | Opponent: Wayne NW | Judge: Meiches Improving US image on queer issues is key to soft power Georgieff, visiting Thawley Scholar from the Lowy Institute with the office of the Japan Chair at CSIS, 13 (Jack, 6-3-13, “U.S. Soft Power and the Rebalance: Public Diplomacy in New Zealand and Indonesia,” http://cogitasia.com/u-s-soft-power-the-rebalance-public-diplomacy-in-new-zealand-and-indonesia/, accessed 2-8-14, CMM)
Perceptions across the Indo-Pacific are … resist any harsh budget cuts if at all possible.
Soft power is key to overall heg Reiss, William and Mary Vice Provost of IA, 8 (Mitchell B., From 2003 to 2005, he was Director of Policy Planning at the State Department, “Restoring America's Image: What the Next President Can Do”, Survival, October, 50(5), pages 107, 108, ebsco, accessed 10-1-11, CMM)
But first, there is another question … same intensity, or even at all.
It is worth first examining the … in the geometry to come.
2/8/14
Identity Politics K
Tournament: Fullerton | Round: 1 | Opponent: Liberty CE | Judge: Mollison Identity politics only reproduces injury through its attachment to that injury – the alternative is not to forget the past but to reconceptualize it as something actionable. Bhambra, University of Warwick sociology professor, and Margree, University of Brighton cultural studies professor, 2010 Gurminder and Victoria, “Identity Politics and the Need for a ‘Tomorrow’” http://www.academia.edu/471824/Identity_Politics_and_the_Need_for_a_Tomorrow_, p.62-4, accessed 11-11-13, TAP
2 The Reification of Identity We wish to turn … through its attention to past-based grievances.
1NR:
Try or die – exclusion and historical antagonism are inevitable through their conception of identity – only shifting identity from something that shapes who we are to something actionable solves. Brown, University of California Santa Cruz political science professor, 1993 Wendy, Sage Publications, Political Theory vol. 21 no 3, “Wounded Attachments” Jstor, p.405-7, accessed 12-20-10, TAP
In its emergence as a protest against marginalization …. discursively forging an alternative future?
Identity politics is life-denying – this precludes aff solvency and is an independent reason to reject the aff. Brown, University of California Santa Cruz political science professor, 1993 Wendy, Sage Publications, Political Theory vol. 21 no 3, “Wounded Attachments” Jstor, p.403-4, accessed12-20-10, TP
But in its attempt to displace its suffering, … venues of self-affirming action.2
2/19/14
Interbranch Conflict DA
Tournament: ADA | Round: Finals | Opponent: Wake MQ | Judge: Waldinger, Garrett, DCH Link – the plan creates an inter-branch conflict that collapses US resolve. Lobel, Professor of Law at University of Pittsburgh, 8 (Jules Lobel, “Conflicts Between the Commander in Chief and Congress: Concurrent Power over the Conduct of War,” 69 Ohio St. L.J. 391, lexis, accessed 10-19-13, CMM)
The critical difficulty with a contextual … constitutionality of the War Powers Resolution.
There is a well-known adage … Foreign Policy Begins at Home.
3/17/14
Japan DA
Tournament: Fullerton | Round: 5 | Opponent: Michigan JM | Judge: Jonah Feldman A.US-Japan alliance will be strong now –– People Daily Online, 3-4, 2010, (“U.S.-Japan alliance indispensable despite base row: senior U.S. official”) http://english.people.com.cn/90001/90777/90852/6908864.html 3-4-10
The U.S.-Japan alliance is indispensable … strategic engagement in Asia."
The plan would crush US nuclear cred with Japan. Heritage Foundation, 8/26/2009 "HOW TO SAVE U.S.-JAPAN ALLIANCE," lexis
As a result of the Bush Administration's … than protecting Japan.
That’s key to block Japanese prolif. Schoff, Foreign Policy Analysis Institute Asia-Pacific Studies Associate Director, March 2009 James, "Realigning Priorities," www.ifpa.org/pdf/RealignPriorities.pdf
The truth is that the nuclear issue in …, signs of reconsideration in Tokyo became apparent.
C. 1. Japan proliferation leads to regional instability, arms races and kills the US-Japan alliance Chanlett-Avery, and Nikitin, Congressional Research Service Asian Affairs and Nonproliferation Analysts, 2/19/2009 Emma, Mary, "Japan's Nuclear Future," ftp.fas.org/sgp/crs/nuke/RL34487.pdf
Any reconsideration and/or shift of … of the Asia Pacific region and beyond.
2. This results in global nuclear annihilation Ogura, Toyama University Political Economy Professor, and Oh, West England University Bristol Business School Int'l Business Senior Lecturer, April 1997 Toshimaru, Ingyu, "Nuclear clouds over the Korean peninsula and Japan," http://findarticles.com/p/articles/mi_m1132/is_n11_v48/ai_19693242/pg_7
North Korea, South Korea, and … to escalate into a global conflagration.
1/12/14
K - Bakhtin
Tournament: Harvard | Round: 7 | Opponent: Iowa HK | Judge: Feldman Utterance is an inter-, and intra-, personal dialogue. Our speech acts build on one another and create the situatedness of the individual in the whole of Being. What we say now builds on what we have said and what we will say, shaping the potentiality of responsiveness. It from this this contextual interconnectedness that the ethical emerges. Zappen, Missouri Communication Professor, no date James P., Mikhail Bakhtin, Forthcoming (with editorial revisions) in Twentieth-Century Rhetorics and Rhetoricians. Ed. Michael G. Moran and Michelle Ballif, http://homepages.rpi.edu/~zappenj/Publications/Texts/bakhtin.html
Bakhtin's early ethical work is concerned with the … and productive life of culture" (2).
The affirmative’s speech acts emerges from and with prior speech acts. The way that the here and now is understood cannot be decontextualized from the pre-existing meaning and communicative pathways that they have embarked upon. Their failure to take account for the ethically revelatory nature of the whole discounts what they do in this debate.
The utterance of the 1AC and its call for solidarity is constrained by their utterances of the past and reveals their ethical positionality. Specifically, we note the utterances of their Kentucky 1ac, where they advocated that state and read evidence constructing terrorists as threats, as antithetical to the utterances of solidarity. They have also read disads that counter-terrorism is good against Emory round 8 of GSU. They demonstrate a willingness to “play the game” in a moment of weakness – they embody a refusal to look into the sun at a key moment of opportunity.
It is our argument that willingness to embrace polemic exposes the ethicality of the affirmative and that you should vote negative against their verbalistic word play. Zappen, Missouri Communication Professor, no date James P., Mikhail Bakhtin, Forthcoming (with editorial revisions) in Twentieth-Century Rhetorics and Rhetoricians. Ed. Michael G. Moran and Michelle Ballif, http://homepages.rpi.edu/~zappenj/Publications/Texts/bakhtin.html
In "Discourse in the Novel," … contemporary cultural theory.
11/1/13
Korematsu Case Answers
Tournament: KY RR | Round: 2 | Opponent: NU MV | Judge: Sherry Hall Korematsu
There is no precedent. Pushaw, Pepperdine University School of Law James Wilson endowed professor, 2011 Robert, 39 Pepp. L. Rev. 173, “SYMPOSIUM: SUPREME MISTAKES: Explaining Korematsu: A Response to Dean Chemerinsky” Lexis, accessed 7-15-13, TAP
Third, Dean Chemerinsky argues that … times of war and peace.
No precedent – outdated decisions have short shelf lives. White, University of Virginia David Mary Harrison distinguished law professor, 2011 Edward, 39 Pepp. L. Rev. 197, “SYMPOSIUM: SUPREME MISTAKES: Determining Notoriety in Supreme Court Decisions” Lexis, accessed 7-17-13, TAP
The question raised by the … seem to be, on the whole, no.
The decision got vacated – that solves. Harris, University of Pittsburgh law professor, 2011 David, 76 Mo. L. Rev. 1, “ARTICLE: On the Contemporary Meaning of Korematsu: and#34;Liberty Lies in the Hearts of Men and Womenand#34;” Lexis, accessed 7-17-13, TAP
Almost forty years later, new … nobis and vacated Mr. Korematsuand#39;s conviction. n37
Korematsu is a dead case. Harris, University of Pittsburgh law professor, 2011 David, 76 Mo. L. Rev. 1, “ARTICLE: On the Contemporary Meaning of Korematsu: and#34;Liberty Lies in the Hearts of Men and Womenand#34;” Lexis, accessed 7-17-13, TAP
More than sixty-five years after … emptied much of the ammunition from its chambers.and#34; n51
Equal protection solves. Harris, University of Pittsburgh law professor, 2011 David, 76 Mo. L. Rev. 1, “ARTICLE: On the Contemporary Meaning of Korematsu: and#34;Liberty Lies in the Hearts of Men and Womenand#34;” Lexis, accessed 7-17-13, TAP
Some will object to this … ever happening again.
10/2/13
LCS DA
Tournament: NDT | Round: 3 | Opponent: NU MV | Judge: Butt, Voss, Malsin Drone program drawdown is coming now - reform staves off collapse Zenko, CFR Center for Preventive Action Douglas Dillon fellow, 13 Micah, Council Special Report No. 65, January 2013, “Reforming U.S. Drone Strike Policies”http:www.foreignpolicy.com/articles/2013/04/16/clip_the_agencys_wings_cia_drones?page=full p.22, accessed 6-20-13, TAP
In his Nobel Peace Prize acceptance speech, … its drone policy in the ways suggested below.
At 11 years old, the robot helicopter …drones like the now-upgraded Fire Scout.
LSC cuts are good – prompt shifts to alternatives that are key to naval heg Pyatt, Leader of the Project for Defense Management and Acquisition Leadership at the McCain Institute for International Leadership, 2-18-14 (Everett, formerly Assistant Secretary of the Navy and Acquisition Executive, “Conclude the Littoral Combat Ship Now,” http://www.realcleardefense.com/articles/2014/02/18/conclude_the_lcs_now_107091-2.html, accessed 3-3-14, CMM)
Originally conceived as part of a package … true nature as a major patrol boat.
Naval readiness deters conflict Katz, retired vice admiral, 1-3-13 (Doublas, former commander of the Fifth Fleet, "A Strong Navy," 1-3-13, thehill.com/blogs/congress-blog/economy-a-budget/275395-a-strong-navy, accessed 2-21-13) PM
On the other hand, even with … no matter where they flare up.
3/29/14
Legal Crises Adv Answers
Tournament: KY RR | Round: 4 | Opponent: Michigan AP | Judge: Repko Environmental impacts are exaggerations – empirics Ridley, WSJ journalist, 8-17-12 (Matt, author, most recently, of The Rational Optimist: How Prosperity Evolves,“Apocalypse Not: Here’s Why You Shouldn’t Worry About End Times,” http://www.wired.com/wiredscience/2012/08/ff_apocalypsenot/all/, accessed 8-17-12, CMM)
When the sun rises on … to consult the past 50 years of history.
Conflict from failed states won’t escalate – not a major threat to the US. Logan, Cato Institute foreign policy studies associate director, and Preble, Cato Institute foreign policy studies director, 2008 Justin and Logan, 3-15-08, “Fixing Failed States A Cure Worse than the Disease?” http://hir.harvard.edu/failed-states/fixing-failed-states, p.1, accessed 3-19-11, TP
The fetish for fixing failed states is … “fix” them portends serious problems for US policy.
Relations high – Biden focusing on Mexico – and he will solve their internal link Wood and Wilson, Mexico Institute Director and Associate, 9-20-13 Duncan and Christopher, “For Biden, Mexico’s endless allure” http://www.wilsoncenter.org/article/for-biden-mexicoE28099s-endless-allure, accessed 10-2-13, AFB
Vice President Joe Biden recently …may have just found one.
If this keeps up, no oneand#39;s … whoand#39;ll produce the and#34;rightand#34; results.
Alt cause to soft power loss - PRISM Jim Arkedis, Director of the PPI’s Progressive Security Project, 13 Naval Criminal Investigative Service, Johns Hopkins University School of Advanced International Studies University of Notre Dame, 6/19/2013,http://www.theatlantic.com/international/archive/2013/06/prism-is-bad-for-american-soft-power/277015/ The lack of public debate, shifting … his governmentand#39;s participation.
Alt cause to soft power loss - PRISM Jim Arkedis, Director of the PPI’s Progressive Security Project, 13 Naval Criminal Investigative Service, Johns Hopkins University School of Advanced International Studies University of Notre Dame, 6/19/2013,http://www.theatlantic.com/international/archive/2013/06/prism-is-bad-for-american-soft-power/277015/ The lack of public debate, shifting … his governmentand#39;s participation.
Soft power is a gimmick and human rights credibility isn’t key Gilbert Doctorow, Research Fellow of the American University in Moscow, 5/20/13 Professional Russia watcher and actor in Russian affairs going back to 1965, Magna cum laude graduate of Harvard College (1967), Fulbright scholar, Ph.D. with honors in history from Columbia University, http://voiceofrussia.com/2013_05_20/Soft-power-is-largely-an-American-PR-gimmick/ There is not much in all of … their soft power is to get richer quick.
Uniqueness and link – sustained drones drone use is key to keeping pressure on AQAP. Bergen, director at the New America Foundation, and Rowland, program associate at the New America Foundation, 7-18-13 (Peter, CNNand#39;s national security analyst, and Jennifer, “Al Qaeda in Yemen: On the ropes,” http://www.cnn.com/2013/07/18/opinion/bergen-al-qaeda-yemen/index.html?hpt=op_t1, accessed 7-22-13, CMM)
On Wednesday, al Qaedaand#39;s virulent …, in short, is struggling to survive.
Soft power has no effect – Only hard power is respected Christopher Layne, professor of international affairs at Texas AandM, 2002 Robert M. Gates Chair in National Security, and professor of international affairs at Texas AandM, consultant to the National Intelligence Council and a member of the Council on Foreign Relations, Formerly worked at: Belfer Center for Science and International Affairs at Harvard University, the Cato Institute, and the Independent Institute. Education: B.A., University of Southern California¶ J.D., University of Southern California Law Center¶ LL.M., University of Virginia Law School¶ Diploma in Historical Studies, Corpus Christi College, University of Cambridge¶ Ph.D., Political Science, University of California at Berkeley 8/6/02 http://articles.latimes.com/2002/oct/06/opinion/op-layne6 U.S. strategists believe that and#34;it … to have its hands tied by others.
10/2/13
Moral Hazard Turn
Tournament: Wake | Round: 3 | Opponent: Wayne JS | Judge: Glinniecki
Uniqueness – Obama is showing restraint now O’Hanlon, senior fellow in foreign policy studies at The Brookings Institution, and Shapiro visiting fellow at Brookings and a former State Department official, 10-15-13 (Michael and Jeremy, “America’s role in the world,” dyn.politico.com/printstory.cfm?uuid=20D4C2CC-3CB9-4138-9000-7C3E1B591A57, accessed 10-17-13, CMM)
President Barack Obama’s reluctance to …. challengers to America’s global role.
2. Congressional consultation increases incentives for risky wars – it spreads responsibility. Nzelibe, Assistant Professor of Law, Northwestern University Law School, 7 (Jide, Feb, “ARTICLE: Are Congressionally Authorized Wars Perverse?,” 59 Stan. L. Rev. 907, lexis, accessed 10-18-13, CMM)
One of the most exhaustively discussed topics … in exchange for long-term political security.
2NC:
Authorization only increases the likelihood of high-risk conflict – think Iraq Nzelibe, Assistant Professor of Law, Northwestern University Law School, 7 (Jide, Feb, “ARTICLE: Are Congressionally Authorized Wars Perverse?,” 59 Stan. L. Rev. 907, lexis, accessed 10-18-13, CMM)
In hindsight, the 2002 congressional … force the previous summer. n149
11/16/13
NSC CP
Tournament: Harvard | Round: 1 | Opponent: NU HS | Judge: Schirmer The United States Federal Government should create a National Security Court with exclusive jurisdiction over the United States’ indefinite detention policy. NSC solves and avoids Article III courts – they’re a logistical nightmare Guiora, Professor of Law at the S.J. Quinney College of Law, University of Utah, 9 (Amos, served in the Judge Advocate General's Corps of the Israel Defense Forces where he held senior command positions related to the legal and policy aspects of operational counterterrorism, Spring, “The Rule of Law and the Global War on Terrorism: Detainees, Interrogations, and Military Commissions Symposium: Article: Creating a Domestic Terror Court,” 48 Washburn L.J. 617, lexis, accessed 9-15-13, CMM)
As mentioned above, this article … of the right to trial to thousands of detainees.
10/26/13
Nommo Answer
Tournament: Fullerton | Round: 1 | Opponent: Liberty CE | Judge: Mollison This is not an indictment of their strategy but the use of their method with this group – they shouldn’t tell white people about it. Letting white people in on NOMMO takes out the effectiveness of their strategy. Sullivan, Penn State University Philosophy, African American Studies and Women’s Studies professor, 2004 Shannon, The Journal of Speculative Philosophy 18.4, "White World-Traveling ," Project Muse
Although he ultimately wants to risk … control vis-à-vis nonwhite people.
2/19/14
Nuclear Secrecy Answers
Tournament: Fullerton | Round: 5 | Opponent: Michigan JM | Judge: Jonah Feldman The aff obscures the political conflicts that generate violence- that means the US would shift to different weapons or would circumvent the restrictions. Derber, Boston College Sociology Professor, and Schwartz, Member of the Boston Nuclear Study Group, 1990 Charles and William, The Nuclear Seduction: Why the Arms Race Doesn’t Matter- And What Does, pg. 1-2
A nuclear sword, we all know, hangs over the … to provoke worldwide catastrophe.
Turn – public deliberation doesn’t solve impacts – sustains exclusion Kendall R. Phillips, Central Missouri State University Assistant Communications Professor, September 1996, “The Spaces of Public Discussion: Reconsidering the Public Sphere,” Communication Monographs, Vol. 63
The public sphere is open to all. All three …by theorists of the public sphere.
Plan doesn’t solve A. Plan won’t spillover to change nuclear bureaucratic culture Nolan, Pittsburg University International Affairs Professor, Georgetown University Diplomacy Program Director, and Holmes, US Naval War College Associate Strategy Professor, UGA International Trade and Security Center Senior Fellow, April 2008 Janne, James, "The Bureaucracy of Deterrence," Bulletin of Atomic Scientists, Proquest
Among the many factors working against … of the U.S. nuclear arsenal).
Secrecy good – proliferation Schaper, Frankfurt Peace Research Institute arms control physicist, 2006 Annette, "Transparency and Secrecy in Nuclear Weapons," www.wmdcommission.org/files/No34.pdf, 1/28
The major reason for secrecy is non-… to proliferators beforehand.
Prolif causes extinction Victor A. Utgoff, Deputy Dir – Strategy, Forces, and Resources Division, Institute for Defense Analysis, Proliferation, Missile Defence and American Ambitions, Survival, Vol. 44, No. 2, 2002, p. 87-90
Many readers are probably willing to … the bodies of dead cities or even whole nations.
Plan doesn’t lead to effective deliberation – media distorts Enid Trucios-Haynes, University of Louisville Brandeis Law School Professor and Associate Dean, Spring, 2006, “ARTICLE: CIVIL RIGHTS, LATINOS, AND IMMIGRATION: CYBERCASCADES 1 AND OTHER DISTORTIONS IN THE IMMIGRATION REFORM DEBATE,” 44 Brandeis L.J. 637
In this book, Sunstein expresses his … people seem to believe it. Id. at 49.
1/12/14
Operational Clarity DA
Tournament: ADA | Round: Finals | Opponent: Wake MQ | Judge: Waldinger, Garrett, DCH The plan decimates operational clarity and readiness BLANK, Director, International Humanitarian Law Clinic, Emory University School of Law, 13 (Laurie, “RESPONSE: LEARNING TO LIVE WITH (A LITTLE) UNCERTAINTY: THE OPERATIONAL ASPECTS AND CONSEQUENCES OF THE GEOGRAPHY OF CONFLICT DEBATE,” 161 U. Pa. L. Rev. Online 347, lexis, accessed 10-24-13, CMM)
Second, implementation in the …enemy, and a range of other factors.
Military readiness solves multiple nuclear wars Kagan, resident scholar at AEI and O’Hanlon senior fellow in foreign policy at Brookings, 7 (Frederick and Michael, , “The Case for Larger Ground Forces”, April, http://www.aei.org/files/2007/04/24/20070424_Kagan20070424.pdf, accessed 2-21-13, CMM)
We live at a time when wars not only …it is also badly overdue.
3/17/14
PQD DA
Tournament: ADA | Round: 1 | Opponent: Wave SV | Judge: Katsulas A. Uniqueness – Strict adherence to the political question doctrine now Bradley, Professor of Law – Duke Law School, 9-2-13 (Curtis A., “War Powers, Syria, and Non-Judicial Precedent,” http://www.lawfareblog.com/2013/09/war-powers-syria-and-non-judicial-precedent/, accessed 10-19-13, CMM)
As an initial matter, we need to … with respect to Syria.
B. The plan reverses this Lederman, Professor of Law – Georgetown University Law Center, 11 (Martin, “War, Terror, and the Federal Courts, Ten Years After 9/11: Conference*: Association of American Law Schools' Section on Federal Courts Program at the 2012 AALS Annual Meeting in Washington, D.C.,” 61 Am. U.L. Rev. 1253, lexis, accessed 10-20-13, CMM)
Number two: Numerous very … or too aggressive in this area.
C. Impact – Upholding the political question doctrine is key to effective military contracting. Isenberg, Senior Analyst in Wikistrat’s Analytic Community,10 (David, Senior Analyst at Wikistrat, affiliations include the Straus Military Reform Project and the Independent Institute, 1-19-10, “Contractor Legal Immunity and the "Political Questions" Doctrine,” http://www.huffingtonpost.com/david-isenberg/contractor-legal-immunity_b_428790.html, accessed 10-19-13, CMM)
One can easily see why most … instructions altogether.
That’s key to Afghan stability Schwartz, Specialist in Defense Acquisition – Congressional Research Service, 9 (Moshe, "Department of Defense Contractors in Iraq and Afghanistan: Background and Analysis," Congressional Research Service, 8-23, http://fpc.state.gov/documents/organization/128824.pdf, accessed 10-19-13, CMM)
The Department of Defense (DOD) … more to effectively¶ implement.
3/15/14
Pakistan Trade Adv CP
Tournament: Wake | Round: 2 | Opponent: GMU KL | Judge: Carly Watson Text: The United States Federal Government should over to reduce tariffs on Pakistani and Indian textiles on the conditions that the Islamic Republic of Pakistan and the Republic of India pursue bilateral trade liberalization.
Instead of assuming the only … between Pakistan and the U.S.
11/16/13
Policymaking DA
Tournament: Kentucky | Round: 1 | Opponent: Fullerton GR | Judge: Severson The human costs of war are eroding – that makes adventurism inevitable – the only way to check this is by raising public awareness and attentiveness to the issue of drones – the resolution is a unique access point for this education to be created – the advocacy of the aff forecloses that opportunity which makes war inevitable. Druck, Cornell University JD candidate, 2012 Judah, “DRONING ON: THE WAR POWERS RESOLUTION AND THE NUMBING EFFECT OF TECHNOLOGY-DRIVEN WARFARE” http://www.lawschool.cornell.edu/research/cornell-law-review/upload/Druck-final.pdf, p.235-7, accessed 10-5-13, TAP
On June 21, 2011, the United States lost …¶ to enforce the WPR.
Learning policy making discourse is the only way to challenge the dogmatic assumptions of elites – their interpretation of radical acts is too rigid and absolute – using the state can solve oppression. David E. McClean, New School University Professor, and Society for the Study of Africana Philosophy President, 2001, “The Cultural Left and the Limits of Social Hope,” http://www.american-philosophy.org/archives/past_conference_programs/pc2001/Discussion20papers/david_mcclean.htm
Yet for some reason, at least partially … for the so-called "managerial class."
However, the absence of this type of … present state of affairs he describes so well.
It is necessary to learn the language of the state- their form of opposition will always be transitory, getting co-opted by the government or society. It may be necessary but is not sufficient Sullivan, the New Republic – editor, 1995 (Andrew, Virtually Normal, pg. 91-93)
Moreover, mere cultural redeployment …something more like a human home.”
10/6/13
Policymaking DA - Harvard
Tournament: Harvard | Round: 7 | Opponent: Iowa HK | Judge: Feldman This year’s resolution offers a crucial opportunity for political engagement --- policy relevant debate about war powers decision-making is critical to hold the government accountable for their hypocrisy --- only engaging specific proposals and learning the language of the war-machine solves --we can use these categories to critique them; simulation does not undercut our potential for critique --have to roll-play the enemy to know their language and learn their strategies Mellor, European University Institute Graduate Student, 13 (Ewan E. Mellor, “Why policy relevance is a moral necessity: Just war theory, impact, and UAVs,” Paper Prepared for BISA Conference 2013, http://www.academia.edu/4175480/Why_policy_relevance_is_a_moral_necessity_Just_war_theory_impact_and_UAVs, accessed 10-20-13, CMM)
This section of the paper considers more generally … that are necessary for democratic politics.52
Other educational forums are failing, that means debate is crucial to in-depth education of presidential authority that allows for effective checks on abuse. Adler, professor of political science at Idaho State University, 5 (David Gray, “The Law: Textbooks and the President’s Constitutional Powers,” Presidential Studies Quarterly 35, no. 2 ( June), Wilson Online Library, accessed 5-24-13, CMM)
Each year, approximately one million …assertions of¶ broad presidential powers.
The last vestiges of 2013's political wrangling officially … continued resistance from the tea party.
Process of drone policy reform drains capital. Anderson, American University international law professor, 2013 Kenneth, June 2013, “The Case for Drones” http://ssrn.com/abstract=2047537, p.22-3, accessed 12-18-13, TAP
THOUGH THE CRITICS ARE WRONG TO CLAIM … they might well be miscalculating now.
If history is any guide, an era of global …1984 is all too easy to imagine.
1NR:
Uniqueness
Compromise likely Kane, chief economist for the Hudson Institute, 1-3-14 (Tim, graduate of the U.S. Air Force Academy and holds a Ph.D. in economics from the University of California, San Diego, “Why 2014 will be the year of immigration reform,” http://www.foxnews.com/opinion/2014/01/03/why-2014-will-be-year-immigration-reform/, accessed 1-3-14, CMM)
The House of Representatives under the … for more. About time.
NEW YORK - Supporters of …, but Speaker Boehner has said he won't bring that version up for a vote.
Immigration reform will pass now – momentum is building and the GOP is on board Best, NY Carib News, 12-30-13 (Tony, "Immigration Reform Logjam on Capitol Hill Can End Early in New Year" http://www.nycaribnews.com/news.php?viewStory=4441, accessed 1-4-14, CMM)
There may be some light at the end of the …the one approved by the Senate.
If there’s one thing that will test … question is now operative is itself a step forward.
B. Link – the plan is a loss for Boehner – he empirically supports the president on war powers Hendrickson, professor of Political Science at Eastern Illinois University, 13 (Ryan, 4-3-13, “Libya and American war powers: warmaking decisions in the United States,” Global Change, Peace and Security: formerly Pacifica Review: Peace, Security and Global Change, Volume 25, Issue 2, 2013, http://www.tandfonline.com/doi/pdf/10.1080/14781158.2013.765397, accessed 9-7-13, CMM)
What makes the American military … if force will be used abroad.
Although such developments … signs indicate it could eventually come to fruition in 2014.
Critical window now. Jacoby, president of ImmigrationWorks USA, a national federation of small-business owners in favor of immigration reform, 12-26-13 (Tamar, “Big surprise ahead in 2014,” http://www.cnn.com/2013/12/26/opinion/jacoby-immigration-2014/, accessed 1-1-14, CMM)
So what's blocking reform? The obstacles … in the House -- 2014 could be the year.
The prospect of wounding President … Feehery said Friday on his blog.
Secondary sanctions on Iran undermine US leadership, collapse relations with China, and escalate protectionism Leverett, Penn State IR prof, and Leverett, American University, 12 (Flynt and Hillary Mann, 7-5-12. “America’s Iran Policy and the Undermining of International Order,” http://www.worldfinancialreview.com/?p=3490, accessed 11-18-13, CMM)
Second, secondary sanctions are a … of rules-based international order.
US-Sino relations prevent nuclear war Wittner, Emeritus Professor of History at the State University of New York/Albany, 11 (Lawrence, former editor of Peace and Change, a journal of peace research, “COMMENTARY: Is a Nuclear War with China Possible?,” November 28, http://www.nytimes.com/2012/06/13/opinion/avoiding-a-us-china-war.html, accessed 1-24-14, CMM)
While nuclear weapons exist, there remains a …to encourage these policies.
Protectionism escalates to global war Cho, Assistant Law Professor Chicago-Kent, 2007 Sungjoon, Illinois Institute of Technology "Doha's Development," 25 Berkeley J. Int'l L. 165
Second, the mercantilist nature of … historical errors and are punished for them.
All of this puts Democrats, who … going their own way.
2/9/14
Politics - Iran Sanctions DA - Wake
Tournament: Wake | Round: 2 | Opponent: GMU KL | Judge: Carly Watson A. Uniqueness – a nuclear deal with Iran will pass now – political capital is key – the impact is nuclearization. Kahl, Associate Professor, Georgetown University, 11-13-13 (Colin, “House Foreign Affairs Committee Hearing; "Examining Nuclear Negotiations: Iran After Rouhani's First 100 Days."; Congressional Documents and Publications, lexis, accessed 11-14-13, CMM)
The long-simmering nuclear crisis … our diplomats and undermine the prospects for success.
The prospect of wounding President … and the legislative branch," The Hill columnist John Feehery said Friday on his blog.
C. Impact – Iran proliferation causes nuclear war Edelman et al., distinguished fellow – Center for Strategic and Budgetary Assessments, 11 (Eric S, Andrew Krepinevich, Center for Strategic and Budgetary Assessments President, Evan Braden Montgomery, Research Fellow, Center for Strategic and Budgetary Assessments, “The Dangers of a Nuclear Iran,” Foreign Affairs, January/February, ebsco, accessed 11-14-13, CMM)
The reports of the Congressional Commission on … potentially triggering a regional nuclear war.
President Obama made a vigorous appeal to … Israel and criticism from Republicans and some Democrats.
AT: ACA
Health care doesn’t distract Congress – can’t overwhelm link to the plan and Iran Cassata, Associated Press, 11-15-13 Donna, Associated Press, “Health care dispute could delay Iran sanctions”, Lexis, AFB
Sen. David Vitter, R-La., wanted a … are eyeing the Senate defense bill.
No crowd-out – Obama prioritizing Iran even in health care speeches Weisman and Gordon, International New York Times, 11-15-13 Jonathan and Michael R., International New York Times, “Obama asks for room to reach Iran deal; New sanctions, he says, would derail effort to freeze nuclear program”, Lexis, AFB
The administration pressed congressional … can be completed to our satisfaction,'' he said.
1NR Impact extension:
They cherry pick history – nuclear states cause the stability-instability paradox – Iran getting the bomb risks nuclear war Kahl, Senior Fellow at the Center for a New American Security focusing on Middle East security and defense policy and Associate Professor at Georgetown SFS, 12 (Colin H., Response to Iran and the Bomb, “One Step Too Far,” Foreign Affairs, Reviews and Responses, Septempber/October, pp 157-160, http://www.iripaz.org/listado_docs/geopolitica/Foreign20Affairs20Iran20and20the20Bomb20critics20to20Waltz20article.pdf, accessed 11-14-13, CMM)
“History shows that when countries …low-probability outcome could be devastating.
TPA locks in US trade leadership – key to overall trade. Zoellick, served as president of the World Bank Group, U.S. trade representative and deputy secretary of state, 1-12-14 (Robert, “Leading From the Front on Free Trade,” http://online.wsj.com/news/articles/SB10001424052702303933104579302452830547782, accessed 1-23-14, CMM)
America's commitment to free … reclaimed global leadership on trade.
Protectionism escalates to global war Cho, Assistant Law Professor Chicago-Kent, 2007 Sungjoon, Illinois Institute of Technology "Doha's Development," 25 Berkeley J. Int'l L. 165
Second, the mercantilist nature … errors and are punished for them.
TPA locks in US trade leadership – key to overall trade. Zoellick, served as president of the World Bank Group, U.S. trade representative and deputy secretary of state, 1-12-14 (Robert, “Leading From the Front on Free Trade,” http://online.wsj.com/news/articles/SB10001424052702303933104579302452830547782, accessed 1-23-14, CMM)
America's commitment to free … reclaimed global leadership on trade.
Protectionism escalates to global war Cho, Assistant Law Professor Chicago-Kent, 2007 Sungjoon, Illinois Institute of Technology "Doha's Development," 25 Berkeley J. Int'l L. 165
Second, the mercantilist nature … errors and are punished for them.
TPA locks in US trade leadership – key to overall trade. Zoellick, served as president of the World Bank Group, U.S. trade representative and deputy secretary of state, 1-12-14 (Robert, “Leading From the Front on Free Trade,” http://online.wsj.com/news/articles/SB10001424052702303933104579302452830547782, accessed 1-23-14, CMM)
America's commitment to free … reclaimed global leadership on trade.
Protectionism escalates to global war Cho, Assistant Law Professor Chicago-Kent, 2007 Sungjoon, Illinois Institute of Technology "Doha's Development," 25 Berkeley J. Int'l L. 165
Second, the mercantilist nature … errors and are punished for them.
The prospect of wounding President … Feehery said Friday on his blog.
C. PC is key to TPA Inside U.S. Trade, 8-2-13 (“Obama Asks For Fast-Track Authority, Froman Defers To Congress On Bill,” lexis, accessed 9-9-13, CMM)
A Senate Republican aide largely … cannot succeed, he said.
D. Impact – TPA includes currency manipulation regulation measures – that’s key to check inevitable fights of currency that collapse trade. Bergsten, senior fellow and director emeritus of the Peterson Institute for International Economics, 14 (C Fred, member of the President’s Advisory Committee on Trade Policy and Negotiations and received the 2013 World Trade Award from the National Foreign Trade Council, assistant secretary of the Treasury for international affairs (1977–81) and assistant for international economic affairs to the National Security Council (1969–71), “Addressing Currency Manipulation Through Trade Agreements,” http://www.iie.com/publications/pb/pb14-2.pdf, accessed 1-21-14, CMM)
The most orderly way to … global growth and stability.
E. That solves global escalation of war. Cho, Assistant Law Professor Chicago-Kent, 2007 Sungjoon, Illinois Institute of Technology "Doha's Development," 25 Berkeley J. Int'l L. 165
Second, the mercantilist nature … are punished for them.
The push for new sanctions on … see if Republicans will take the next step."
D. Key to prevent trade collapse. Leverett, Penn State IR prof, and Leverett, American University, 12 (Flynt and Hillary Mann, 7-5-12. “America’s Iran Policy and the Undermining of International Order,” http://www.worldfinancialreview.com/?p=3490, accessed 11-18-13, CMM)
Second, secondary sanctions are a …, of rules-based international order.
E. Protectionism escalates to global war Cho, Assistant Law Professor Chicago-Kent, 2007 Sungjoon, Illinois Institute of Technology "Doha's Development," 25 Berkeley J. Int'l L. 165
Second, the mercantilist nature …historical errors and are punished for them.
Republicans hope a powerful … sanctions given the lack of Democratic support.
Default to maintaining PC – hiccups during negotiations are inevitable and risk sanctions pressure Pillar, Nonresident Senior Fellow at the Center for Security Studies at Georgetown University, 2-17-14 (Paul, Nonresident Senior Fellow in Foreign Policy at the Brookings Institution, “The Iran Negotiations Begin,” http://nationalinterest.org/print/blog/paul-pillar/the-iran-negotiations-begin-9894, accessed 2-18-14, CMM)
Given that vigorous opposition … to abandon the talks.
As a new round of Iran … widespread and quite strong.
AT: CIA Thumper
Obama is taking a perfectly calibrated approach – defending Brennan while endorsing investigations without really doing the heavy lifting – that means he avoids losing capital. Epstein, Politico, 3-12-14 Jennifer, “Barack Obama weighs in on Senate-CIA flap” http://dyn.politico.com/printstory.cfm?uuid=046E32A3-4448-43A0-A91E-7719DA45A19F, accessed 3-13-14, TAP
President Barack Obama defended … guide us as we move forward.”
McCain, Obama’s adversary in … from that,” he said.
3/15/14
Politics Link - Point of Order Mech
Tournament: Dartmouth | Round: 6 | Opponent: Michigan AP | Judge: Fitzmier Obama will fight the plan – causes massive backlash Mitchell, Assistant Professor of Law, George Mason University School of Law, 9 (Jonathan, “ARTICLE: LEGISLATING CLEAR-STATEMENT REGIMES IN NATIONAL-SECURITY LAW,” Summer, 43 Ga. L. Rev. 1059, lexis, accessed 11-7-13, CMM)
Finally, the President's influence in … or courts to acquiesce to Presidential initiative.
1/28/14
Politics-Debt DA-KY RR
Tournament: KY RR | Round: 2 | Opponent: NU MV | Judge: Sherry Hall A. Uniqueness – Obama will win a quick budget fight now – key to avoid debt default that collapses the economy. Luce, Financial Times, 10-1-13 (Edward, “Obama must bring a swift end to the US shutdown,” http://www.ft.com/intl/cms/s/0/e44107c6-2a98-11e3-ade3-00144feab7de.html#axzz2gQqPkADs, accessed 10-1-13, CMM)
Strange as it sounds, Monday night’s … the shutdown is over before then.
And while economists disagree on … no policy effort to counteract it.
Studies prove Royal, Department of Defense Cooperative threat reduction director, 10 Jedediah, Economic Integration, Economic Signaling and the Problem of Economic Crises, in Economics of War and Peace: Economic, Legal and Political Perspectives, p.213-4, TAP
Less intuitive is how periods of … debate and deserves more attention.
The House Republican … we get out of it,and#34; he added.
Decline incites collapses hegemony and incites aggression – causes widespread instability Lieberthal, Director, John L. Thornton China Center at the Brookings Institution, and Oand#39;Hanlon, Director of Research, Foreign Policy at the Brookings Institution, 12 (Kenneth, Senior Fellow, Foreign Policy, Global Economy and Development, and Michael, Senior Fellow, Foreign Policy, 21st Century Defense Initiative, 7-10-12, “The Real National Security Threat: Americaand#39;s Debt,” http://www.brookings.edu/research/opinions/2012/07/10-economy-foreign-policy-lieberthal-ohanlon, accessed 8-22-13, CMM)
Lastly, American economic … is not reestablished.
Group the non-uniques – none of their evidence assumes Obama expending political capital – he’s focused and will win the debt fight now Allen, Politico, 9-19-13 (Jonathan, “GOP battles boost Obama,” http://www.politico.com/story/2013/09/republicans-budget-obama-97093.html, accessed 9-19-13, CMM)
The top priority for the coming … challenge ahead of them. Past groups have had little success reaching agreement.
PC Key
Political capital necessary for deal-making and arm twisting – that’s key to passage Shifter, Inter-American Dialogue, 12 (Michael, 12-27-12, “Will Obama Kick the Can Down the Road?,” http://www.thedialogue.org/page.cfm?pageID=32andpubID=3186, accessed 2-7-13, CMM)
Not surprisingly, Obama has … in his own party. Resistance will not disappear.
Link Plan is a perceived loss for Obama that saps his capital Loomis, Visiting Fellow at the Center for a New American Security, 7 (Andrew, served as Senior Research Analyst at the Brookings Institution and has taught international relations and U.S. foreign policy at George Washington University, the College of William and Mary, and Georgetown University, 3/2/2007, Dr. Andrew J. Loomis is a Visiting Fellow at the Center for a New American Security, and#34;Leveraging legitimacy in the crafting of U.S. foreign policy,and#34; pg 35-36, http://citation.allacademic.com//meta/p_mla_apa_research_citation/1/7/9/4/8/pages179487/p179487-35.php, accessed 10-4-13, CMM)
Declining political authority … the character of policy decisions.
If Barack Obama were the chief executive officer …. risk suffering poor returns.
Econ Turns case -
Economic decline kills US credibility and prez powers Mizroch, Jerusalem Post news editor, 9 (Amir, 9-21-09, Jerusalem Post, “Analysis: Why everyone is saying no to Obama,” http://www.jpost.com/International/Article.aspx?id=155599, accessed 7-10-11, CMM)
Everybody is saying no to the … Korea have all weakened the US.
Economic decline triggers state failure, ensuring global instability – undermining the balance of power would increase terrorism, disease, and authoritarian power Green, Center for Strategic and International Studies Japan Chair, and Schrage, CSIS International Business Chair, 9 (Michael J. (and Georgetown professor), and Steven P. (and former US Trade Representative's Office senior official), 3-26-9, Asia Times Online, “It's not just the economy” March 26 2009. http://www.atimes.com/atimes/Asian_Economy/KC26Dk01.html, accessed 9-16-9)
Challenges to the democratic model The trend in East Asia has been for developing … effect of liberal norms we are urging China to embrace at home.
The prospect of wounding President Obama is … John Feehery said Friday on his blog.
Secondary sanctions on Iran undermine US leadership, collapse relations with China, and escalate protectionism Leverett, Penn State IR prof, and Leverett, American University, 12 (Flynt and Hillary Mann, 7-5-12. “America’s Iran Policy and the Undermining of International Order,” http://www.worldfinancialreview.com/?p=3490, accessed 11-18-13, CMM)
Second, secondary sanctions are a …, of rules-based international order.
US-Sino relations prevent nuclear war Wittner, Emeritus Professor of History at the State University of New York/Albany, 11 (Lawrence, former editor of Peace and Change, a journal of peace research, “COMMENTARY: Is a Nuclear War with China Possible?,” November 28, http://www.nytimes.com/2012/06/13/opinion/avoiding-a-us-china-war.html, accessed 1-24-14, CMM)
While nuclear weapons exist, there remains a danger … to encourage these policies.
Top Republicans are saying they can …, 'I oppose the status quo'," Green said.
Losers Lose Loses collapse capital Loomis, Visiting Fellow at the Center for a New American Security, 7 (Andrew, served as Senior Research Analyst at the Brookings Institution and has taught international relations and U.S. foreign policy at George Washington University, the College of William and Mary, and Georgetown University, 3/2/2007, Dr. Andrew J. Loomis is a Visiting Fellow at the Center for a New American Security, and#34;Leveraging legitimacy in the crafting of U.S. foreign policy,and#34; pg 35-36, http://citation.allacademic.com//meta/p_mla_apa_research_citation/1/7/9/4/8/pages179487/p179487-35.php, accessed 10-4-13, CMM)
Declining political authority … character of policy decisions.
WW Political capital is necessary to legislative success. Marshall, Miami University political science associate professor, and Prins, University of Tennessee Knoxville political science associate professor, 2011 Bryan and Brandon, 9-2011, Presidential Studies Quarterly, Vol 41 Issue 3, “Power or Posturing? Policy Availability and Congressional Influence on U.S. Presidential Decisions to Use Force” Wiley-Blackwell, p.525-6, accessed 7-30-11, TAP
Based on this line of argument, our … their other policy objectives.
“On all of these issues, I am open to … enterprise—they correct those mistakes.”
Leadership solves nuclear conflict Zhang and Shi, Researcher @ The Carnegie Endowment, ’11 Yuhan Zhang, Researcher at the Carnegie Endowment for International Peace, Lin Shi, Columbia University, Independent consultant for the Eurasia Group, Consultant for the World Bank, “America’s decline: A harbinger of conflict and rivalry,” January 22nd 2011, http://www.eastasiaforum.org/2011/01/22/americas-decline-a-harbinger-of-conflict-and-rivalry/
Over the past two decades, no other … devoid of unrivalled US primacy.
It has become a constant refrain that members of Congress are prepared to take action AND so that a major national security victory does not slip through our fingers.
B. Link –Usurping Obama’s authority undermines his leverage and the agenda.
The prospect of wounding President Obama is weighing heavily on Democratic lawmakers as they decide AND legislative branch," The Hill columnist John Feehery said Friday on his blog.
Middle East war draws in great powers – no checks on escalation. RUSSELL, Department of National Security Affairs senior lecturer at NPS, 9
Strategic stability in the region is thus undermined by various factors: (1) AND the peoples of the region, with substantial risk for the entire world.
3/28/14
Politics-Iran DA-NDT-1NR
Tournament: NDT | Round: 1 | Opponent: Kentucky GR | Judge: Repko, Strauss, Glinecki Link – Lower Courts
Obama nominated the judges – that means he is tied to the plan
Court decisions get politicized – this answers their warrants
To state the obvious, Americans do not trust the federal government, and that AND disrupt the constitutional balance of power between the judiciary and the political branches.
In response to the notice from the Attorney General,¶ the Bipartisan Legal Advisory Group AND Fed. Rule Civ. Proc. ¶ 24(a)(2). On the merits of the tax refund suit, the District Court ¶ ruled against AND the Ex- ¶ ecutive Branch continues to enforce §3 of DOMA.
Controversial decisions get watched and spun for political points.
The health care law’s closely watched journey through the three branches of government concluded in AND on the Constitution and the Court is the surest security for our government.
Court decisions are highly politicized – DOJ means Obama gets blamed EVEN AT the lower levels.
The next stop for Obamacare will likely be the Supreme Court, where review and AND merits since the mandate does not come into effect until at least 2014.
Wrong – plaintiffs spin the plan as a loss for Obama – detention decision proves
Hedges first filed suit on Jan 13, 2012, and was eventually joined by AND the appeals court ruled this week that Judge Forrest’s decision must be vacated.
Carl Mayer, an attorney for the plaintiffs, previously told RT that he expected the White House to lose the appeal. "The Obama administration has now lost three times. They lost the temporary injunction, they lost the motion for reconsideration and they lost the hearing for permanent injunction. I say three strikes and you’re out," he said. Link – Drones
Obama will defend drones against congressional oversight
The escalation of drone strikes in Yemen, presumably in response to the ongoing Al AND , having been written before drone strikes were a method of modern warfare.
In the past, we have been deeply troubled by the administration’s insistence that the AND contemptuously dismiss them as some of his advisers have done in the past.
Regardless of his approval ratings, there are limits to Obama’s political capital, as Michael Hirsh explained in this week’s National Journal. I have been questioning the limits of a presidential mandate since Election Day. But the White House is confident that Obama has the upper hand against a GOP that is significantly less popular than the Democratic Party, according to polls.
If Barack Obama were the chief executive officer of the United States, an activist AND . Unless he allocates his capital better, Democrats risk suffering poor returns.
Only by solving the problem of political capital is a president likely to avoid a AND tax cuts and education reform — that at the time received popular approval. However, short-term legislative strategies may win policy success for a president but AND the current president’s mind today as he takes his second oath of office.
Political capital is necessary to legislative success.
Marshall, Miami University political science associate professor, and Prins, University of Tennessee Knoxville political science associate professor, 2011
~Bryan and Brandon, 9-2011, Presidential Studies Quarterly, Vol 41 Issue 3, "Power or Posturing? Policy Availability and Congressional Influence on U.S. Presidential Decisions to Use Force" Wiley-Blackwell, p.525-6, accessed 7-30-11, TAP~
Based on this line of argument, our policy availability theory predicts that the president’s AND use force may influence their ability to successfully promote their other policy objectives.
Courts U
Goes neg.
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 AND named plaintiffs and would not be enough to strike down the IRS rule.
IMF
Obama backed off pushing IMF reform – it wasn’t a loss
And so, it emerged this week that the Obama administration and Senate Democrats apparently backed off their demand for the Ukraine aid bill on Capitol Hill to include the reforms. On Monday, John Kerry visited Congress and threw in the towel. Better to have whatever we can get now than fight over this and delay matters. Or worse, lose altogether, because there was no chance that the House would ever have passed the IMF-laden version.
WASHINGTON — The Senate voted overwhelmingly on Thursday to approve a billion-dollar aid AND any Russian official engaged in corrupt activity and anyone who assists such activities.
Who says Joe Biden hasn’t got the right foreign policy chops?¶ Well, former AND President Viktor Yanukovych by phone six times—an unusual level of contact.¶
On Nov. 22, Biden told Yanukovych the U.S. was disappointed AND from Iraq. Looks like the president trusts him on Ukraine, too.
2nc U
Obama will get sanctions reduction from Congress – he is consulting with them and twisting arms – but consistent and good faith efforts are necessary – otherwise Congress will leave them on the books, that’s Abdi and Cullis.
Prefer it – their ev cites snapshots, our cites trends – political capital can overcome the non-uniques
_ Potential for congressional action remains – recent letter prove
Will the interim agreement be implemented successfully? Will a long term agreement be reached? The prospects look very good for both. An immediate threat to the agreement – that the US Congress will enact legislation imposing additional nuclear-related sanctions on Iran – seems to be fading. In the interim agreement the Obama administration made the following commitment: "The US Administration, acting consistent with the respective roles of the President and the Congress, will refrain from imposing new nuclear-related sanctions." This commitment obliges Obama to veto any legislation passed by Congress imposing additional sanctions. A Bill currently before the US Senate, The Nuclear Weapon Free Iran Act of 2013 (S. 1881) ~7~, would impose additional sanctions, but only if Iran fails to implement the interim agreement or to negotiate a final agreement. This may not breach the letter of the agreement, though it is bound to put the future of the agreement in jeopardy. It is being sold by its co-authors, Democrat Chairman of the Foreign Relations Committee, Robert Menendez, and Republican Mark Kirk, as offering a helping hand to the administration by strengthening its hand in the ongoing nuclear negotiations with Iran. It is difficult to counter this proposition, if one asserts, as the administration does, that a previously unwilling Iran was forced to the negotiating table by the sanctions imposed by Congress in December 2011. If that were the case, then it follows that further sanctions would reinforce Iran’s willingness to negotiate and would increase the likelihood that it would accept less favourable terms. In fact, Iran has not been forced to negotiate by sanctions. It was prepared to endure sanctions over many years in order to achieve international acceptance of its right to enrich uranium. It looks as if its endurance is about to pay off.
3/28/14
SOF PIC
Tournament: NDT | Round: 1 | Opponent: Kentucky GR | Judge: Repko, Strauss, Glinecki Text: The United States Federal Judiciary should conduct judicial ex post review of United States’ drone strikes, 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.
The counterplan competes by only restricting authority over drone strikes, not spec ops missions – any perm is severance. Bachmann, Reader in International Law (University of Lincoln), 13 (Sascha-Dominik, State Exam in Law (Ludwig-Maximilians Universität, Munich), Assessor Jur, LLM (Stellenbosch), LLD (Johannesburg); Sascha-Dominik is a Lieutenant Colonel in the German Army Reserves and had multiple deployments in peacekeeping missions in operational and advisory roles as part of NATO/KFOR from 2002 to 2006, “Targeted Killings: Contemporary Challenges, Risks and Opportunities,” Journal of Conflict and Security Law, oxford journals, accessed 11-6-13, CMM)
Targeted killing has also been …outside effective state control.33
Special forces readiness is key to counter-prolif-~--solves nuclear war Thomas, Vice President and Director of Studies at the Center for Strategic and Budgetary Assessments, and Dougherty, Research Fellow at the Center for Strategic and Budgetary Assessments, 13 (Jim, Chris, 5-10-13, “Beyond the Ramparts: The Future of U.S. Special Operations Forces”, 5/10, http://www.csbaonline.org/publications/2013/05/beyond-the-ramparts-the-future-of-u-s-special-operations-forces/, accessed 10-6-13, CMM)
Emerging Strategic Context Predicting exactly … UW campaigns should the need arise.
3/28/14
Safe Havens DA
Tournament: Harvard | Round: 4 | Opponent: Gtown KU | Judge: Harrigan Legally codifying the plan loses the war on terrorism---sends a signal that terrorists can have safe havens outside conflict zones and grants immunity to terror groups that hop borders---it’s unique because the rules’ current status as non-binding policy doesn’t link Corn, Professor of Law and Presidential Research Professor, South Texas College of Law, 5/16/13, (Geoffrey, Statement before the Senate Armed Services Committee, CQ Congressional Testimony, http://www.armed-services.senate.gov/statemnt/2013/05_May/Corn_05-16-13.pdf, accessed 10-24-13, CMM)
3. What is the geographic scope of …. where he will be subject to lawful attack.
Codifying current target policy as law signals a legal abandonment of the Law of Armed Conflict framework outside of explicitly declared conflict zones---that collapses CT Corn, Professor of Law at South Texas College of Law, Lieutenant Colonel (Retired), U.S. Army, 9/30/13, (Geoffrey, formerly the Army’s senior law of war expert advisor, “Debate (Round 1): The Military Component of Counter-Terror Operations,” http://justsecurity.org/2013/09/30/military-component-counter-terror-operations/, accessed 10-24-13, CMM)
Twelve years after the September 11th … counter-terror operations, not on the enemy.
11/1/13
Shift
Tournament: Fullerton | Round: 1 | Opponent: Liberty CE | Judge: Mollison Expansive presidential war powers are pervasive – focusing on particular instances of abuse obscures analysis of the national security apparatus and its underpinnings – turns the case. Saas, Penn State Communication PhD Candidate, 12 (William O., “Critique of Charismatic Violence,” symploke, Volume 20, Numbers 1-2, 2012, pp. 65-82 (Article), project muse, accessed 1-5-14, CMM)
The September 11, 2001 terrorist attacks in …bureaucracy, namely, relentless publicity.
The revelation last weekend that … us feel better about ourselves.
Restricting executive war powers is just the next step in the state bureaucracy’s violent scheme to permanently institute its own hegemony through charismatic exception – a world post aff makes oppression, violence and catastrophe become worse and more routine. Saas, Penn State Communication PhD Candidate, 12 (William O., “Critique of Charismatic Violence,” symploke, Volume 20, Numbers 1-2, 2012, pp. 65-82 (Article), project muse, accessed 1-5-14, CMM)
I have argued above that bureaucracy … from our charismatic leaders?
2/19/14
Social Location Answers
Tournament: Texas | Round: Doubles | Opponent: KC KCC CG | Judge: Steiner, Samuels, Harris No knowledge is pure knowledge but situated knowledge should be problematized too. Conway, Penn State University philosophy professor, 1997 Daniel, “Nietzsche and the political” http://www.amazon.com/Nietzsche-Political-Thinking-Daniel-Conway/dp/0415100682, p.135-6, accessed 1-6-14, TAP
This preference is clearly political in nature, … objectivity that they might otherwise have gained.
The belief that the oppressed can only theorize about their experiences calcifies privilege---deconstruction of identity is a prerequisite to ending racism Braidotti, University of Utrecht women’s studies professor, 2006 Rosi, “Transpositions: On Nomadic Ethics” http://www.amazon.com/Transpositions-Nomadic-Ethics-Rosi-Braidotti/dp/0745635962, p.77-8, accessed 1-6-14, TAP
On this point, both bell hooks and Stuart … serve as a base for solidarity and coalition.'
2/10/14
Soft Power Adv Answers
Tournament: KY RR | Round: 4 | Opponent: Michigan AP | Judge: Repko NSA scandal tanks soft power Migranyan, director of the Institute for Democracy and Cooperation, 7-5-13 (Andranik, professor at the Institute of International Relations in Moscow, a former member of the Public Chamber and a former member of the Russian Presidential Council, “Scandals Harm U.S. Soft Power,” http://nationalinterest.org/commentary/scandals-harm-us-soft-power-8695, accessed 9-28-13, CMM)
For the past few months, the United States … at America—and its model for governance—with a more critical eye.
Obama won’t effectively deploy soft power. Lagon, International Relations and Security Chair at Georgetown University's Master of Science in Foreign Service Program, 11 (Mark, senior fellow at the Council on Foreign Relations, former US Ambassador-at-Large to Combat Trafficking in Persons at the US Department of State, Sept/Oct, “The Value of Values: Soft Power Under Obama,” http://www.worldaffairsjournal.org/article/value-values-soft-power-under-obama, accessed 9-28-13, CMM)
One irony of the Obama … soft power a hollow concept.
CO2 won’t cause extinction and is better for ag- Tickell is wrong Lomborg, adjunct professor at the Copenhagen Business School, director of the Copenhagen Consensus Centre and a former director of the Environmental Assessment Institute in Copenhagen, 08 (Bjorn, 8-15-8, “Warming warnings get overheated,” http://www.guardian.co.uk/commentisfree/2008/aug/15/carbonemissions.climatechange, accessed: 3-15-13, LLL)
These alarmist predictions are … earth to be 1,700 richer by the end of this century.
So how might we solve global …, and beyond with abandon.
Global prolif is slow now HYMANS, Associate Professor of International Relations at the University of Southern California, 12 (Jacques, “Botching the Bomb.,” Foreign Affairs; May/Jun2012, Vol. 91 Issue 3, p44-53, 10p, ebsco, accessed 9-30-12, CMM)
THE CHRONIC problem of nuclear …. cannot alone account for this phenomenon.
Following the terrorist attacks of September 11, 2001, … violate human rights standards.
10/2/13
Solicitor General DA
Tournament: NDT | Round: 1 | Opponent: Kentucky GR | Judge: Repko, Strauss, Glinecki A. Uniqueness –Solicitor General influence is key to a Supreme Court ruling against Aereo Eggerton, Multichannel News, 3-3-14 (John, “Justice Backs Broadcasters in Aereo Challenge,” http://www.multichannel.com/distribution/justice-backs-broadcasters-aereo-challenge/148650, accessed 3-24-14, CMM)
In a big boost for broadcasters in … question the entire cloud storage regime.
B. Link – War on terror cases increase perception of SG politicization-uniquely polarized, ideological and empirics prove Lewis, American University political science PhD candidate, 9 *no date but cites article from 2009 (Andrew, “The Role of the Solicitor General in Church-State Cases within the Clinton and Bush Administrations: A Case Study Supporting the Politicization of the Solicitor General”, http://www.american.edu/spa/publicpurpose/upload/The-Role-of-the-Solicitor-General.pdf, accessed 3-26-14, CMM)
While the solicitors general for … important agenda items—education and civil rights.
Solicitor General’s finite influence determines outcome – plan drains it and spills over – best studies prove Wohlfarth, University of North Carolina at Chapel Hill political science PhD candidate, 9 (Patrick, “The Tenth Justice? Consequences of Politicization in the Solicitor General’s Office”, The Journal of Politics, Vol. 71, No. 1, January 2009, Pp. 224–237, http://www.gvpt.umd.edu/wohlfarth/Wohlfarth20200920JOP.pdf, accessed 3-26-14, CMM)
The solicitor general (S.G.), as the executive … beginning with Reagan’s solicitors general.
C. Impact – Ruling against Aereo is key to the broadcasting industry and the overall economy – Del Mastro, Northeastern University School of Law J.D. candidate, 3-1-14 (Antonio, has worked for the Massachusetts Attorney General, General Counsel of Northeastern University, and the Technology Department of Northeastern University, and is working in the legal department for BJ's Wholesale Club, “Quagmire of Statutory Interpretation at Center of ABC v. Aereo Copyright Case,” http://jurist.org/dateline/2014/03/antonio-del-mastro-copyright.php, accessed 3-24-14, CMM)
The Dispute¶ According to Aereo, its … performance is "public" under the statute.
The executive will circumvent the aff - loopholes, deference and no enforcement Mitchell, Assistant Professor of Law, George Mason University School of Law, 9 (Jonathan, Jan, “Legislating Clear-Statement Regimes in National- Security Law,” http://works.bepress.com/cgi/viewcontent.cgi?article=1000andcontext=jonathan_mitchell, accessed 9-17-13, CMM)
INTRODUCTION¶ Congress’s national-security … ambiguous statutory language. 2. Political compromise kills the viability of the plan and the exec will still side-step Kassop, Professor at the State University of New York, 11 (Nancy, former chair of the Political Science Department at the school, “REVERSE EFFECT: CONGRESSIONAL AND JUDICIAL RESTRAINTS ON PRESIDENTIAL POWER?,” In: President or King?, Editor: Meena Bose, pp. 63-76, https://www.novapublishers.com/catalog/product_info.php?products_id=31771, accessed 9-17-13, CMM)
From the examples above, it is … constitutional authority (as in the Case-Zablocki Act).
A drone court would not regulate signature strikes – they aren’t targeted killing – that means the administration would rely on them. Ohlin, Lieber Code, 2-13-13 Jens David, “Would A Federal District Court for Drones Increase Collateral Damage?” http://www.liebercode.org/2013/02/would-federal-district-court-for-drones.html, accessed 9-20-13, TAP
First, the court would be modeled … exactly who it is bombing.
Second, going to the geographic … is not a matter of the law of war jus in bello.
4. National security bureaucracy crushes implementation and enforcement Glennon, Professor of International Law, Fletcher School of Law and Diplomacy, Tufts University, 14 (Michael, “National Security and Double Government,” Harvard National Security Journal / Vol. 5, http://harvardnsj.org/wp-content/uploads/2014/01/Glennon-Final.pdf, accessed 1-13-14, CMM)
B. The Congress Like the courts, Congress’s apparent … … such legislative¶ controls.352
2NC:
No risk of successful restrictions – the affs a joke *best v drones, oversight Pierce, Esquire, 2-17-14 (Charles P, “The Imperial Masquerade of Barack Obama,” http://www.esquire.com/blogs/politics/Imperial_Masquerade, accessed 2-25-14, CMM)
As much as we probably would like … else is political noise.
What remains utterly unclear is how … about constraining this president."
Political costs are exaggerated – this card will smoke them Schauer, Distinguished Professor of Law, University of Virginia, 12 (Frederick, “ARTICLE: THE POLITICAL RISKS (IF ANY) OF BREAKING THE LAW,” 4 J. of Legal Analysis 83, lexis, accessed 10-22-13, CMM)
Consider, for example, the legality of … for anyone (Bar-Simon-Tov 2010).
3/17/14
Solvency - AT Signal Solves Compliance Not Key
Tournament: Dartmouth | Round: 3 | Opponent: Gtown AM | Judge: Sherry Hall Compliance is key to check domestic and international backlash – otherwise the plan just creates rising expectations that inevitably falter. Chesney, Professor in Law, University of Texas School of Law, 14 (Robert, January, “Postwar,” Harvard National Security Journal / Vol. 5, http://harvardnsj.org/wp-content/uploads/2014/01/Chesney-Final.pdf, accessed 1-21-14, CMM)
Three stand out as particularly important … more constraining postwar than currently.
This month marks the one-year anniversary of the …greatest legacy of the U.S. intervention in Libya.
2. Restrictions fail – no compliance or enforcement Nzelibe, Assistant Professor of Law, Northwestern University Law School, 7 (Jide, Feb, “ARTICLE: Are Congressionally Authorized Wars Perverse?,” 59 Stan. L. Rev. 907, lexis, accessed 10-18-13, CMM)
These assumptions are all … of Congress in his role as commander-in-chief. n19
Three-quarters of National Journal's … Tamara Wittes, Dov Zakheim, and Juan Zarate.
Yes motive – institutional incentives William Scheuerman, Professor of Political Science at Indiana University, 2013 Professor of Political Science at Indiana University, PhD from Harvard, Barack Obama's "war on terror", Eurozine, 3/7/2013, http://www.eurozine.com/pdf/2013-03-07-scheuerman-en.pdf, DA 9/18/13 OST
Given dual democratic legitimacy, holders of … humanitarian and legal consequences.
President Barack Obama came into office four … he told Congress last month, “I will.”
The plan doesn’t define hostilities – gives the executive leeway to circumvent the aff. Richard, Journal of National Security Law, 98 (Daniel L. Richard, The George Washington University Law School War Powers Project Under the Direction of Professor Peter Raven-Hansen, Research Professor of Law, George Washington University Law School, “ARTICLE: The War Powers Resolution: Origins, History, Criticism and Reform: Chapter 4: Reporting Under the War Powers Resolution: Section 4,” 2 J. Nat'l Security L. 59, lexis, accessed 7-19-13, CMM)
Since 1973, the executive branch has …. of "hostilities" is inconsistent with that spirit.
The challenge for these efforts to … against executive-branch employees.
Wartime pressures will force Obama to resist - battle over the plan creates a national diversion and impairs military wartime decisions Lobel, Professor of Law at University of Pittsburgh, 8 (Jules Lobel, “Conflicts Between the Commander in Chief and Congress: Concurrent Power over the Conduct of War,” 69 Ohio St. L.J. 391, lexis, accessed 10-19-13, CMM)
The critical difficulty with a contextual approach is its … the constitutionality of the War Powers Resolution.
11/1/13
Solvency - Johnson v MIntosh
Tournament: ADA | Round: 4 | Opponent: Houston BJ | Judge: Leah Moczulski No solvency – the plan only overturns war powers – not purchase authority – and vagueness of the decision ensures circumvention Kades, College of William and Mary Law School professor, 1 Eric, William and Mary Law School Scholarship Repository Faculty Publications Faculty and Deans, “History and Interpretation of the Great Case of Johnson v. M'Intosh”, http://scholarship.law.wm.edu/cgi/viewcontent.cgi?article=1050andcontext=facpubs, p.68, accessed 3-15-14, AFB
At the root of most … endeavors to fill in these gaps.
The decision was part of multifaceted system against Native American land rights – plan not key Kades, College of William and Mary Law School professor, 1 Eric, William and Mary Law School Scholarship Repository Faculty Publications Faculty and Deans, “History and Interpretation of the Great Case of Johnson v. M'Intosh”, http://scholarship.law.wm.edu/cgi/viewcontent.cgi?article=1050andcontext=facpubs, p. 69-70, accessed 3-15-14, AFB
Part 3 introduces a new …machine of efficient expropriation.2
The White House has decided to … policymakers to keep the positions united for his successor.
1/25/14
Solvency - New Generic Stuff at Dartmouth
Tournament: Dartmouth | Round: 2 | Opponent: Wake MQ | Judge: D Heidt Political costs don’t deter – the rest of his agenda proves. Roberts, National Journal, 10-3-13 (Kristin, story was reported by Coral Davenport, Catherine Hollander, Fawn Johnson, Sara Sorcher, and Ben Terris, “The Do-It-Yourself Presidency,” http://www.nationaljournal.com/magazine/the-do-it-yourself-presidency-20131003?mrefid=LeadStoryTiles_normal, accessed 10-23-13, CMM)
After 20 children were gunned down at a Connecticut … faced a president so willing to do it himself.
In 1945, Harry Truman ordered the first … as a matter of policy and ethics.
Circumvention guts signal advantages – Absent nuclear posture changes, the plan is not seen as credible Miller, Harvard International Security Program Director, International Security Editor in Chief, Project on Managing the Atom Co-Principal Investigator, November 2002 Steven, "No First Use of Nuclear Weapons," http://www.pugwash.org/reports/nw/miller.htm
If NFU is to be more than a … to the NFU commitment made by the Soviet Union.
NFU does not solve global prolif and modernization – state’s still need second strike capability Guangqian, Strategic Sciences Editor-in-Chief, and Yu, Tsinghua University International Strategy and Development Institute Ph.D. Candidate, Winter 2009 Peng, Rong, "Nuclear No-First-Use Revisited," www.washingtonobserver.org2Fpdfs2FPeng_and_Rong.pdfandimages=yes, 9/27
Although an NFU treaty is the hope … pre-emptive acts by its enemies.
This month marks the one-year … legacy of the U.S. intervention in Libya.
The executive will circumvent the aff - loopholes, deference and no enforcement Mitchell, Assistant Professor of Law, George Mason University School of Law, 9 (Jonathan, Jan, “Legislating Clear-Statement Regimes in National- Security Law,” http://works.bepress.com/cgi/viewcontent.cgi?article=1000andcontext=jonathan_mitchell, accessed 9-17-13, CMM)
INTRODUCTION¶ Congress’s national-security … vague or ambiguous statutory language.
National security bureaucracy crushes implementation and enforcement Glennon, Professor of International Law, Fletcher School of Law and Diplomacy, Tufts University, 14 (Michael, “National Security and Double Government,” Harvard National Security Journal / Vol. 5, http://harvardnsj.org/wp-content/uploads/2014/01/Glennon-Final.pdf, accessed 1-13-14, CMM)
B. The Congress Like the courts, Congress’s apparent power also … Court had ruled out such legislative¶ controls.352
If the skeptics are correct, President … significant foreign policy headaches.
Restrictions fail – no compliance or enforcement Nzelibe, Assistant Professor of Law, Northwestern University Law School, 7 (Jide, Feb, “ARTICLE: Are Congressionally Authorized Wars Perverse?,” 59 Stan. L. Rev. 907, lexis, accessed 10-18-13, CMM)
These assumptions are all questionable… as commander-in-chief. n19
The effect of the Court’s reticence in …, in practice if not in law.
Burecreacy overwhelms aff solvency Glennon, Professor of International Law, Fletcher School of Law and Diplomacy, Tufts University, 14 (Michael, “National Security and Double Government,” Harvard National Security Journal / Vol. 5, http://harvardnsj.org/wp-content/uploads/2014/01/Glennon-Final.pdf, accessed 1-13-14, CMM)
VI. Conclusion¶ U.S. national security policy …. leaders freed from democratic¶ restraints.”616
Obama doesn’t think he needs authorization from Congress – proves he would think the plan isn’t constitutional Garrison, Assistant Professor of Criminal Justice at Kutztown University, 12 (Dr. Arthur H. Garrison, “History of Executive Branch Legal Opinions on the Power of the President as Commander-in-Chief from Washington to Obama,” 43 Cumb. L. Rev. 375, lexis, accessed 10-19-13, CMM)
IV. CONCLUSION Historically the State Department, 388 …as Commander in Chief.391
Political costs are exaggerated Schauer, Distinguished Professor of Law, University of Virginia, 12 (Frederick, “ARTICLE: THE POLITICAL RISKS (IF ANY) OF BREAKING THE LAW,” 4 J. of Legal Analysis 83, lexis, accessed 10-22-13, CMM)
Consider, for example, the legality of American … political consequences for anyone (Bar-Simon-Tov 2010).
AT: ROE Executive determines ROE Corn, Associate Professor of Law at South Texas College of Law, 10 (Geoffrey, Previously Lieutenant Colonel, U.S. Army and Special Assistant to the U.S. Army Judge Advocate General for Law of War Matters, Summer, “ARTICLE: TRIGGERING CONGRESSIONAL WAR POWERS NOTIFICATION: A PROPOSAL TO RECONCILE CONSTITUTIONAL PRACTICE WITH OPERATIONAL REALITY,” 14 Lewis and Clark L. Rev. 687, lexis, accessed 9-29-13, CMM)
As defined in U.S. military doctrine, … for one primary reason –¶ it enabled the American rebels to maximize enemy casualties.
Military officials determine ROE Corn, Associate Professor of Law at South Texas College of Law, 10 (Geoffrey, Previously Lieutenant Colonel, U.S. Army and Special Assistant to the U.S. Army Judge Advocate General for Law of War Matters, Summer, “ARTICLE: TRIGGERING CONGRESSIONAL WAR POWERS NOTIFICATION: A PROPOSAL TO RECONCILE CONSTITUTIONAL PRACTICE WITH OPERATIONAL REALITY,” 14 Lewis and Clark L. Rev. 687, lexis, accessed 9-29-13, CMM)
Despite these and numerous other historical … required to accomplish the mission.
AT: Point of order Points of order still require full Congressional vote – all of our solvency ev proves they’d fall in line. Mitchell, Assistant Professor of Law, George Mason University School of Law, 9 (Jonathan, “ARTICLE: LEGISLATING CLEAR-STATEMENT REGIMES IN NATIONAL-SECURITY LAW,” Summer, 43 Ga. L. Rev. 1059, lexis, accessed 11-7-13, CMM)
Point-of-order mechanisms … device before considering the bill.
Boehner squashes it Hendrickson, professor of Political Science at Eastern Illinois University, 13 (Ryan, 4-3-13, “Libya and American war powers: warmaking decisions in the United States,” Global Change, Peace and Security: formerly Pacifica Review: Peace, Security and Global Change, Volume 25, Issue 2, 2013, http://www.tandfonline.com/doi/pdf/10.1080/14781158.2013.765397, accessed 9-7-13, CMM)
What makes the American military … if force will be used abroad.
AT: Power of the Purse Congress will never use it and there are loopholes BEJESKY, M.A. Political Science (Michigan), 12 (Robert, M.A. Political Science (Michigan), M.A. Applied Economics (Michigan), LL.M. International Law (Georgetown), “ARTICLE: WAR POWERS PURSUANT TO FALSE PERCEPTIONS AND ASYMMETRIC INFORMATION IN THE "ZONE OF TWILIGHT",” 44 St. Mary's L. J. 1, lexis, accessed 10-19-13, CMM)
A battle between the appropriations power … foreign assistance processes. n253
AT: Signal Solves
Signal arguments are wrong – nations won’t perceive it Kriner, Assistant Profess of Political Science at Boston University, 10 (Douglas, 2010, After the Rubicon: Congress, Presidents, and the Politics of Waging War, p. 81-2, google books, accessed 10-19-13, CMM)
First, in many cases congressional signals …more impervious to congressional signals.
1/28/14
Solvency v Charming Besty Aff
Tournament: GSU | Round: 3 | Opponent: Kansus BC | Judge: Nick Ryan
The executive will circumvent the aff - loopholes, deference and no enforcement Mitchell, Assistant Professor of Law, George Mason University School of Law, 9 (Jonathan, Jan, “Legislating Clear-Statement Regimes in National- Security Law,” http://works.bepress.com/cgi/viewcontent.cgi?article=1000andcontext=jonathan_mitchell, accessed 9-17-13, CMM)
RUDs are key to winning political support for participation in treaties – the plan would ensure non-participation Bradley, University of Virginia law professor and Goldsmith, University of Chicago law professor, 00 Curtis A. and Jack, L., December 2000, University of Pennsylvania Law Review, “TREATIES, HUMAN RIGHTS, AND CONDITIONAL CONSENT”, 149 U. Pa. L. Rev. 399, Lexis, AFB
For many years, these challenges … by the federal government.
Plan creates a right of action through the Courts, making treaties self-executing Goldman, Duke Law Journal, 5 Jeffrey C., December, Duke Law Journal, “Of Treaties And Torture: How The Supreme Court Can Restrain The Executive,” 55 Duke L.J. 609, Lexis, AFB
Applying the distinction between … successfully state a claim.and#34; n99
Non-self-executing RUDs are key to averting a massive backlash, causing a net decline in participation in treaties, turning the case Johnson, Cardozo Law Review, 1 Virginia H., Notes Editor, November, Cardozo Law Review, November 2001, “NOTE: APPLICATION OF THE RATIONAL BASIS TEST TO TREATY-IMPLEMENTING LEGISLATION: THE NEED FOR A MORE STRINGENT STANDARD OF REVIEW”, 23 Cardozo L. Rev. 347, Lexis, AFB
n37. See Convention Against … would not affect domestic law. David Sloss, The Domestication of International Human Rights: Non-Self-Executing Declarations and Human Rights Treaties, 24 Yale J. Intand#39;l L. 129, 172-75 (1999) (footnotes omitted).
No solvency – emergency opt-out clauses mean the plan has no effect Goldsmith and Gulati, Duke law professors, 10 Curtis A. and Mitu, Yale Law Journal, “Withdrawing from International Custom”, http://www.yalelawjournal.org/images/pdfs/912.pdf, p. 270-1, accessed 9-19-13, AFB
The package-oriented … producers in that territory of like or directly competitive products.”279 FYI – ICCPR has an opt-out clause – Footnote 278: 278. See, e.g., International Covenant on Civil and Political Rights, art. 4(1), Dec. 16, 1966, S. EXEC. DOC. E, 95-2 (1978), 999 U.N.T.S. 171.
No solvency – The aff is a facial ruling that doesn’t require tangible policy changes Scheppele, Woodrow Wilson School Sociology and Public Affairs professor, 12 Kim Lane Scheppele, January 12, Boston University Law Review, THE NEW JUDICIAL DEFERENCE, 92 B.U.L. Rev. 89, Lexis, AFB
In this Article, I will show that American … policy back under the constraint of constitutionalism.
9/25/13
Solvency-Circumvention - Wake - all new ev
Tournament: Wake | Round: 2 | Opponent: GMU KL | Judge: Carly Watson New ev:
After 20 children were gunned down at a Connecticut … faced a president so willing to do it himself.
New ev v Wayne JS:
AT: Political costs Political costs are exaggerated – this card will smoke them Schauer, Distinguished Professor of Law, University of Virginia, 12 (Frederick, “ARTICLE: THE POLITICAL RISKS (IF ANY) OF BREAKING THE LAW,” 4 J. of Legal Analysis 83, lexis, accessed 10-22-13, CMM)
Consider, for example, the legality of American … consequences for anyone (Bar-Simon-Tov 2010).
Boehner crushes enforcement Hendrickson, professor of Political Science at Eastern Illinois University, 13 (Ryan, 4-3-13, “Libya and American war powers: warmaking decisions in the United States,” Global Change, Peace and Security: formerly Pacifica Review: Peace, Security and Global Change, Volume 25, Issue 2, 2013, http://www.tandfonline.com/doi/pdf/10.1080/14781158.2013.765397, accessed 9-7-13, CMM)
What makes the American military … in determining if force will be used abroad.
One problem with this account of … resuscitate the enemy’s failing animus.
The impact is the exception not the rule Abrahamsen, University of Wales ir professor, 2005 Rita, Alternatives: Global, Local, Political, 30.1, “Blair's Africa: The Politics of Securitization and Fear” EBSCO, p.71, accessed 10-7-13, TAP
The war on Iraq can be seen to demonstrate the … policies of containment or policing.
Offshore balancing now Heg unsustainable – econ, rising powers Terrorsim impact Layne, professor and Robert M. Gates Chair in National Security at Texas A and M University’s George H. W. Bush School of Government and Public Service, 1-27-12 (Christopher, “The (Almost) Triumph of Offshore Balancing,” http://nationalinterest.org/print/commentary/almost-triumph-offshore-balancing-6405, accessed 2-9-12, CMM)
Although cloaked in the reassuring … military heavy lifting to the Europeans.
2. Declining powers rarely get involved in wars MacDonald, Assistant Professor of Political Science at Williams College, and Parent, Assistant Professor of Political Science at the University of Miami, 11 (Paul K, Joseph M, Spring, “Graceful Decline? The Surprising Success of Great Power Retrenchment,” International Security, Vol. 35, No. 4, p29, accessed 6-7-11, CMM)
Wars, preventive or otherwise, …the benefit of hindsight.
3. Empirics disprove lashout MacDonald, Assistant Professor of Political Science at Williams College, and Parent, Assistant Professor of Political Science at the University of Miami, 11 (Paul K, Joseph M, Spring, “Graceful Decline? The Surprising Success of Great Power Retrenchment,” International Security, Vol. 35, No. 4, p10, accessed 6-7-11, CMM)
Third, we argue that the rate … recovered their relative position.
Their violence impacts don’t escalate. Hinde and Pulkkinnen, Cambridge psychology professor and University of Jyväskylä psychology professor, 2000 Robert and Lea, DRAFT Background Paper for Working Group 1: HUMAN AGGRESSIVENESS AND WAR, 50th Pugwash Conference On Science and World Affairs: "Eliminating the Causes of War" Queens' College, Cambridge , UK, 3-8 August http://www.pugwash.org/reports/pac/pac256/WG1draft1.htm
People are capable of perpetrating … interactions between the causal factors remain largely unexplored.
Popper, by far one of psychoanalysis' most … that govern psychoanalytic interpretation are undependable (p. 55).
11/1/13
T - Commander in Chief
Tournament: Harvard | Round: 4 | Opponent: Gtown KU | Judge: Harrigan A. Interpretation – “war powers” means the authority to use force Waxman, Professor of Law, Columbia Law School, 13 (Matthew, Adjunct Senior Fellow for Law and Foreign Policy, Council on Foreign Relations, “The Constitutional Power To Threaten War,” Draft, Forthcoming in YALE LAW JOURNAL, vol. 123 (2014), http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2316777, accessed 8-28-13, CMM)
As to the constitutional issues, … ones to be dangerously rash.11
Commander in Chief powers are distinct. Baron, Professor of Law, Harvard Law School, and Lederman, Visiting Professor of Law, Georgetown University Law Center, 8 (David and Martin, January “THE COMMANDER IN CHIEF AT THE LOWEST EBB — FRAMING THE PROBLEM, DOCTRINE, AND ORIGINAL UNDERSTANDING,” HARVARD LAW REVIEW Vol. 121:689, http://harvardlawreview.org/media/pdf/barron_lederman.pdf, accessed 8-30-13, CMM)
IV. DRAWING LINES AND DEFINING THE SPHERE¶ OF PRECLUSIVE, TACTICAL DISCRETION One prominent contention regarding … aimed at particular conflicts.
B. Violation – the aff restricts a Command in Chief power
C. Vote neg –
Limits – they open the floodgates Heidt, Presidential Fellow and Doctoral Candidate at Georgia State University, 13 (Stephen, Graduate Research Assistant at Georgia State University, 5-29-13, “Thoughts on the Topic,” http://www.cedadebate.org/forum/index.php?topic=4846.0, accessed 10-21-13, CMM)
Voting for restrict presidential war … into¶ voting for a list topic.
2. Ground – all core generic strategies revolve around the president’s authority to use force, NOT how that use of force manifests itself outside of the topical areas – their interpretation justifies the 1994 topic + TKs, OCOs, and detention.
T is a voting issue for fairness, otherwise the aff can read an uncontested aff every debate.
11/1/13
T - Prohibit
Tournament: Harvard | Round: Quarters | Opponent: Emory JS | Judge: S Gannon, JP, Harris A. Interpretation – restrictions are prohibitions on action --- the aff is not Schiedler-Brown, Attorney, Jean Schiedler-Brown and Associates, 12 (Jean, Appellant Brief of Randall Kinchloe v. States Dept of Health, Washington, The Court of Appeals of the State of Washington, Division 1, http://www.courts.wa.gov/content/Briefs/A01/68642920Appellant20Randall20Kincheloe27s.pdf, accessed 9-18-13, CMM)
3. The ordinary definition of the …, but he did not agree to restrict his license.
Statutory means it must be enacted by Congress Kershner, Articles Editor, Cardozo Law Review, 10 (Joshua, J.D. Candidate, “ARTICLE: POLITICAL PARTY RESTRICTIONS AND THE APPOINTMENTS CLAUSE: THE FEDERAL ELECTION COMMISSION'S APPOINTMENTS PROCESS IS CONSTITUTIONAL,” 2010 Cardozo L. Rev. De Novo 615, lexis, accessed 7-26-13, CMM)
The process by which the President … of confirming nominees. n100
B. Violations – the aff isn’t a congressionally authorized prohibition in a topical area
C. Vote neg –
Limits – the topic is already big with 4 areas and 2 mechanisms, each with unique literature and research areas – allowing anything that hampers the presidents freedom of action to be T wrecks neg prep.
2. Absent prohibition they can functionally increase presidential authority Posner, University of Chicago Law Prof, 11 (Eric, September, “DEFERENCE TO THE EXECUTIVE IN THE UNITED STATES AFTER SEPTEMBER 11: CONGRESS, THE COURTS, AND THE OFFICE OF LEGAL COUNSEL,” http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1932393, accessed 9-19-13, CMM)
To see why, consider an example in which a … would not enter contracts.
3. They cannot fiat individual mindset shift – that would make it impossible for the neg to debate because it overreaches fair boundaries of aff fiat – they have to win that the plan would spill over to solve mindset shift
11/1/13
T - Treaties not Statutory
Tournament: GSU | Round: 3 | Opponent: Kansus BC | Judge: Nick Ryan A. Interpretation – “judicial restrictions” mandate court action Lobel, Endowed Chair at the University of Pittsburgh School of Law, 2 (Jules, “THE WAR ON TERRORISM AND CIVIL LIBERTIES,” University of Pittsburgh Law Review Summer, 2002 63 U. Pitt. L. Rev. 767, lexis, accessed 9-19-13, CMM)
Even the bright spot in judicial … broad assertions of executive power. n42 B. Violation – the aff forces has the court enforce treaty restrictions which are not judicial restrictions or statutory West’s Encyclopedia of American Law 8 ed. 2, “statute,” 2008. http://legal-dictionary.thefreedictionary.com/statute, accessed 9-21-13, AFB
An act of a legislature that … in book form and are available at law libraries. C. Prefer our interpretation:
Limits and ground: Expanding the restrictive mechanism into treaties and beyond statutes creates an unsustainable negative research burden to cover that many angles of restrictions – allows the affirmative to incorporate presidential origination and doesn’t include links to the house of representatives. Also creates unpredictable aff ground related to the treaty powers advantages. 2. Education: Treaties debates crowd out substantive education on domestic restrictions on presidential authority – we should assess the relative strength of statutory restrictions to other types of restrictions. D. Topicality is a voting issue – rule of game, fairness, and education
9/25/13
T- CIC - Self-Defense
Tournament: Dartmouth | Round: 3 | Opponent: Gtown AM | Judge: Sherry Hall 1NC: A. Interpretation – Authority means expressly granted – assertions by the president don’t count Words and Phrases, 4 (Volume 4a, Cumulative Supplement Pamphlet, p. 275)
U.S.N.Y. 1867. Under the federal … Court has dismissed.—Milligar v. Hartupee, 73 U.S. 258, 6 Wall. 258, 18 L.Ed. 829
Presidential war powers authority is only Congressionally conferred Telman, Associate, Sidley, Austin, Brown and Wood, New York, 1 (Jeremy, “ARTICLE: A Truism That Isn'T True? The Tenth Amendment and Executive War Power,” 51 Cath. U.L. Rev. 135, lexis, accessed 12-10-13, CMM)
The President's power as Commander-in-Chief … is vested in Congress. n231
B. Violation – the plan restricts self-defense, which is derived from Commander in Chief power, not war powers authority. Stromseth, Associate Professor, Georgetown University Law Center, 96 (Jane, Book Review: Understanding Constitutional War Powers Today: Why Methodology MattersPresidential War Power. By Louis Fisher. * Lawrence: University Press of Kansas, 1995. Pp. xvi, 245. $ 29.95 (hbk.), $ 14.95 (pbk.), 106 Yale L.J. 845, lexis, accessed 12-10-13, CMM)
Most other classicists view the … force in an emergency." n232
C. Vote neg –
Limits – including Commander in Chief powers or assertions of authority ruins any limit on the topic – justifies any restriction on the minutia of war tactics or any broad claims of presidential power that aren’t grounded in anything more than crazy OLC opinions – prevents clash.
2. Precision – the aff obscures a key Constitutional question which undermines actual legal knowledge on the topic. T is a voting issue or the aff will read a new, uncontested aff every debate.
2NC:
including CIC powers shoe-horns in the whole 1994 college topic – all small tactical decisions and associated minutia become T – this destroys the topic: Heidt, Presidential Fellow and Doctoral Candidate at Georgia State University, 13 (Stephen, Graduate Research Assistant at Georgia State University, 5-29-13, “Thoughts on the Topic,” http://www.cedadebate.org/forum/index.php?topic=4846.0, accessed 10-21-13, CMM)
Voting for restrict presidential … forced into¶ voting for a list topic.
Next is precision – they teach debaters to be lazy Constitutional scholars and ignore the most accurate interpretations of the text – war powers education divorced from the Constitution is meaningless and makes us susceptible to executive power grabs – this is an impact turn to their education and net benefit to our interpretation. Fisher, senior specialist in separation of powers at Congressional Research Service, Library of Congress, 2K (Louis, “A Dose of Law and Realism for Presidential Studies,” Presidential Studies Quarterly 32, no. 4 (December), accessed 12-16-13, CMM)
A Constitutional Context¶ From World War II … law enforced by Soviet procedures¶ (Levy 1986, ix).
Their interp of the Constitution is incoherent and inaccurate Boylan, assistant professor of political science at Winthrop University, 1 (Timothy, “The Law: Constitutional Understandings of the War Power,” Presidential Studies Quarterly 31, no. 3 (September), accessed 12-16-13, CMM)
An examination of the enumerated …. of will on the part¶ of the legislature. *Bobbitt – Philip Bobbitt, Professor, The University of Texas School of Law and Marsh Senior Research Fellow in War Studies, King's College, University of London
The challenge for these efforts to … political reprisals against executive-branch employees.
devil is in the details – its true for war powers Currie, professor of law at Chicago, 3 (David, May, “SURVEY: II. CONSTITUTIONAL LAW: FOREIGN AFFAIRS: PRESIDENTIAL INITIATIVE AND CONGRESSIONAL CONTROL: The President's Authority over Foreign Affairs: An Essay in Constitutional Interpretation. By H. Jefferson Powell,” 101 Mich. L. Rev. 1453, Lexis, accessed 9-30-13, CMM)
It is here, I believe, that Professor … with the constitutional plan.
The president doesn’t have war-making authorities. Constitution Project, 5 “Deciding to use force abroad: war powers in a system of checks and balances” http://www.constitutionproject.org/pdf/28.pdf, p.19, accessed 8-17-13, TAP
Limits on the President’s War Power – …when the operations are extended.
Congress could have authorized self-dense powers when passing the AUMF – but they didn’t – proves the plan only restricts core CIC powers Chesney et al., professor at the University of Texas School of Law, 13 (Robert, nonresident senior fellow of the Brookings Institution, distinguished scholar at the Robert S. Strauss Center for International Security and Law, Jack Goldsmith is the Henry L. Shattuck Professor of Law at Harvard Law School and a member of the Hoover Institution’s Jean Perkins Task Force on National Security and Law, served in the Bush administration as assistant attorney general, Office of Legal Counsel, from 2003 to 2004 and as special counsel to the general counsel from 2002 to 2003, Matthew C. Waxman is a professor of law at Columbia Law School, an adjunct senior fellow at the Council on Foreign Relations, and a member of the Hoover Institution’s Jean Perkins Task Force on National Security and Law, Benjamin Wittes is a senior fellow in governance studies at the Brookings Institution, a member of the Hoover Institution’s Jean Perkins Task Force on National Security and Law, 2-25-13, “A Statutory Framework for Next-Generation Terrorist Threats,” http://media.hoover.org/sites/default/files/documents/Statutory-Framework-for-Next-Generation-Terrorist-Threats.pdf, accessed 6-14-13, CMM)
Congress could authorize the …. when backed by Congress.
"war powers” means the authority to use force Waxman, Professor of Law, Columbia Law School, 13 (Matthew, Adjunct Senior Fellow for Law and Foreign Policy, Council on Foreign Relations, “The Constitutional Power To Threaten War,” Draft, Forthcoming in YALE LAW JOURNAL, vol. 123 (2014), http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2316777, accessed 8-28-13, CMM)
As to the constitutional issues, there is … ones to be dangerously rash.11
2NR: AT: Obama's only drones justification is Article II
CIC powers may be A justification for TK but it isn’t the only one – their author Marcy Wheeler 13, founder of EmptyWheel – a national security blog, PhD in comparative lit, The AUMF Fallacy, http://www.emptywheel.net/2013/02/18/the-aumf-fallacy/
And ultimately, we should look to …with an American citizen) is the President’s Article II say-so.
Let's frame the issue properly. …president's claimed authority.
1/25/14
T-Nukes
Tournament: Fullerton | Round: 5 | Opponent: Michigan JM | Judge: Jonah Feldman A. Interpretation – armed forces only includes regular components of the military branches. Dictionary of Military and Associated Terms. US Department of Defense, 5 (http://www.thefreedictionary.com/United+States+Armed+Forces, accessed 7-24-13, CMM)
United States Armed Forces Used to denote collectively only the regular components of the Army, Navy, Air Force, Marine Corps, and Coast Guard. See also Armed Forces of the United States.
B. Violations – armed forces does not include weapons systems. Lorber, J.D. Candidate, University of Pennsylvania Law School, 13 (Eric, Ph.D Candidate, Duke University Department of Political Science, January, “COMMENT: Executive Warmaking Authority and Offensive Cyber Operations: Can Existing Legislation Successfully Constrain Presidential Power?,” 15 U. Pa. J. Const. L. 961, lexis, accessed 7-26-13, CMM)
C. The War Powers Resolution as Applied to … trigger the War Powers Resolution.
C. Vote neg –
Limits – allowing weapons to be T shoe-horns the entire nukes topic into this topic in addition to conventional weapons systems AND cyber weapons – this is a massive expansion that undermines any negative preparedness for debates.
2. Ground – all neg links and strategies assume the introduction of troops NOT weapons, which the aff skirts while unfairly broadening their own ground. T is a voting issue for fairness.
2NC:
The use of nukes is a tactical question – makes it a Commander in Chief power Hemesath, J.D./M.S.F.S. Georgetown University Law Center, School of Foreign Service, 2K (Paul, “NOTE: Who's Got the Button? Nuclear War Powers Uncertainty in the Post-Cold War Era,” 88 Geo. L.J. 2473, lexis, accessed 10-21-13, CMM)
Regardless, proponents of the Executive … designed to do the same thing.
“war powers” means the authority to use force Waxman, Professor of Law, Columbia Law School, 13 (Matthew, Adjunct Senior Fellow for Law and Foreign Policy, Council on Foreign Relations, “The Constitutional Power To Threaten War,” Draft, Forthcoming in YALE LAW JOURNAL, vol. 123 (2014), http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2316777, accessed 8-28-13, CMM)
As to the constitutional issues, there is …. ones to be dangerously rash.11
Commander in Chief powers are distinct. Baron, Professor of Law, Harvard Law School, and Lederman, Visiting Professor of Law, Georgetown University Law Center, 8 (David and Martin, January “THE COMMANDER IN CHIEF AT THE LOWEST EBB — FRAMING THE PROBLEM, DOCTRINE, AND ORIGINAL UNDERSTANDING,” HARVARD LAW REVIEW Vol. 121:689, http://harvardlawreview.org/media/pdf/barron_lederman.pdf, accessed 8-30-13, CMM)
IV. DRAWING LINES AND DEFINING THE SPHERE¶ OF … wars and post¶ hoc restrictions aimed at particular conflicts.
That’s an independent limits disaster Heidt, Presidential Fellow and Doctoral Candidate at Georgia State University, 13 (Stephen, Graduate Research Assistant at Georgia State University, 5-29-13, “Thoughts on the Topic,” http://www.cedadebate.org/forum/index.php?topic=4846.0, accessed 10-21-13, CMM)
Voting for restrict presidential war power … into¶ voting for a list topic.
AT: W/M – Air Force US Code excludes weapons from the Air Force US Code No Date ("10 USC § 8062 - Policy; composition; aircraft authorization" www.law.cornell.edu/uscode/text/10/8062, accessed 10-21-13, CMM)
(a) It is the intent of Congress to provide an Air Force …, the term “combat-coded aircraft” means aircraft assigned to meet the primary.
AT: Air Force "is in charge of"
Yeah, they’re also in charge of UFO investigations. King, Major, USAF, 68 (John, “THE UFO PROBLEM: TIME FOR A REASSESSMENT,” A Thesis Submitted to the Air and Staff College of Air University in Partial Fulfillment of The Requirements for Graduation - June 1968, http://www.cufon.org/cufon/afthes2.htm, accessed 10-21-13, CMM)
The foreword to the book is by … These statements are:
The scope of actors that fall within … act on behalf of the nation.349
there was a specific amendment during the WPR debate about nuclear weapons, and it was rejected – it was intended to exclude nuclear weapons from that particular phrase Raven-Hansen, Professor of Law, George Washington University National Law Center, 89 (Peter, October 1989; “SPECIAL ISSUE: THE UNITED STATES CONSTITUTION IN ITS THIRD CENTURY: FOREIGN AFFAIRS: DISTRIBUTION OF CONSTITUTIONAL AUTHORITY: NUCLEAR WAR POWERS” The American Society of International Law, American Journal of International Law 83 A.J.I.L. 786; Lexis, accessed 10-21-13, CMM)
The statutory argument against delegation … by Congress to the executive arsenal. . . ." n39
A. Interpretation – A “target killing” is an intentional use of lethal force against a specific individual Alston, Professor of Law, New York University School of Law, 11 (Philip, UN Special Rapporteur on extrajudicial, summary or arbitrary executions from 2004 until 2010, “ARTICLE: The CIA and Targeted Killings Beyond Borders,” 2 Harv. Natand#39;l Sec. J. 283, lexis, accessed 7-22-13, CMM)
There are thus three central …custody of the perpetrator. n46 B. Violation – Signature strikes aren’t targeted killings – they’re fundamentally different. Anderson, Professor at Washington College of Law, American University, 11 (Kenneth, Hoover Institution visiting fellow, member of Hoover Task Force on National Security and Law; nonresident senior fellow, Brookings Institution, 8-29-11, “Distinguishing High Value Targeted Killing and “Signature” Attacks on Taliban Fighters,” http://www.volokh.com/2011/08/29/distinguishing-high-value-targeted-killing-and-signature-attacks-on-taliban-fighters/, accessed 9-13-13, CMM)
From the US standpoint, it is … uses to which the weapon is put.
As defined by Steven R. David, … is essentially correct but¶ over-inclusive. *Steven R David = associate Dean at Johns Hopkins University 2. Ground – neg links are strategies are prepared against the specific concept of targeted killing – they can skirt links to core strategies. T is a voting issue for fairness.
3. What Makes Drone Warfare … be the fewest civilian casualties.
They shift ground to far in favor of the aff – they can defend killing civilians bad, for which there is zero neg ground – “targeted killings” retain balanced aff and neg ground. Exec policies prove. Stanford and NYU Law, IHRCRC, Stanford International Human Rights and Conflict Resolution Clinic, and GJC, Global Justice Clinic at NYU School of Law, 12 (September, “Living Under Drones,” http://livingunderdrones.org/wp-content/uploads/2012/10/Stanford-NYU-LIVING-UNDER-DRONES.pdf, accessed 8-2-13, CMM)
A key feature of the ... terrorist training camp.55
10/2/13
T-Subsets
Tournament: KY RR | Round: 2 | Opponent: NU MV | Judge: Sherry Hall A. Interp – “Substantially” means the plan must be across the board
Anderson et al, 2005Brian Anderson, Becky Collins, Barbara Van Haren and Nissan Bar-Lev, WCASS Research / Special Projects Committee* Report on: A Conceptual Framework for Developing a 504 School District Policy, http://www.specialed.us/issues-504policy/504.htm A substantial limitation is a …, not only in school. B. Violation – the plan doesn’t increase restrictions across the board C. Vote neg – Our interpretation is critical to ensuring a limit on the topic
Justice O’Connor ‘02 Sandra Day, No. 00—1089 TOYOTA MOTOR MANUFACTURING, KENTUCKY, INC., PETITIONER v. ELLA WILLIAMS, Jan 8, http://www.law.cornell.edu/supct/html/00-1089.ZO.html Our consideration of this issue is … persons in the findings”).
10/2/13
T-WPA
Tournament: KY RR | Round: 2 | Opponent: NU MV | Judge: Sherry Hall A. Interpretation: war powers authority refers to capacities explicitly granted by Congress – that means the aff must restrict authority under the WPR, AUMF, or NDAA
War Powers refer to Congressional abilities – Commander in Chief powers are distinct Gallagher. served as an F/A-18C Pilot, Air Officer, and F/A-18C/D Flight Instructor in the US Marine Corps operating forces, 11 (Joseph V. III, worked Security Assistance initiatives for the US European Command and most recently as a Joint Planner in the USEUCOM J3 and J5. Gallagher is currently assigned to the Joint Staff, Pakistan-Afghanistan Coordination Cell, “Unconstitutional War: Strategic Risk in the Age of Congressional Abdication,” Parameters, Summer 2011, pp. 23-24, http://strategicstudiesinstitute.army.mil/pubs/parameters/articles/2011summer/gallagher.pdf, accessed 9-19-13, CMM)
First, consider the constitutional … president’s foreign policy.9
2. Authority means expressly granted – assertions by the president don’t count Words and Phrases, 4 (Volume 4a, Cumulative Supplement Pamphlet, p. 275)
U.S.N.Y. 1867. Under the … to the Supreme Court has dismissed.—Milligar v. Hartupee, 73 U.S. 258, 6 Wall. 258, 18 L.Ed. 829 B. Violation – the aff seeks to restrict a power the President has asserted. C. Reasons to prefer
Predictable ground Our interpretation limits the aff to 3 definitive congressional acts that authorize presidential action: the NDAA, the AUMF, and the WPR. All negative link arguments stem from congressional retraction of authorization for the President. 2. Explodes the topic – Existing executive assertions of power allow the President to ignore all laws – the aff could pass new restrictions on literally anything insert card 3. Makes the topic bidirectional - The War Powers Resolution proves that restrictions on undelegated powers are a massive increase in Presidential authority by licensing unconstitutional behavior. Woods, Senior fellow in American history at the Ludwig von Mises Institute, 6 (Thomas E., Jr. “The War Powers Resolution Fraud,” February 4, http://www.lewrockwell.com/2006/02/thomas-woods/the-war-powers-resolution-fraud/, accessed 9-19-13, CMM)
Congress did pass the War Powers R… and the spirit of the Constitution.
10/2/13
Terror DA v Article III Courts
Tournament: Harvard | Round: 1 | Opponent: NU HS | Judge: Schirmer There’s strong executive flexibility on detention policy now Graham, senior United States Senator from South Carolina and Tomatz, serves as the Chief of Operations and Information Operations Law in the Pentagon, 13 (Lindsey, Col., serves as the Senior Individual Mobilization Augmentee to The Judge Advocate General, and Michael, Col. LL.M., The Army Judge Advocate General Legal Center and School (2002), “ARTICLE: NDAA 2012: CONGRESS AND CONSENSUS ON ENEMY DETENTION,” 69 A.F. L. Rev. 1, lexis, accessed 9-15-13, CMM)
D. The President's Signing Statement (and a … terrorists from continuing the fight. Reforms cause catastrophic terrorism – releases terrorists and kills intel gathering Goldsmith, Harvard law prof, 9 (Jack, 2-4-9, “Long-Term Terrorist Detention and Our National Security Court,” A Working Paper of the Series on Counterterrorism and American Statutory Law, a joint project of the Brookings Institution, the Georgetown University Law Center, and the Hoover Institution http://www.brookings.edu/~/media/research/files/papers/2009/2/0920detention20goldsmith/0209_detention_goldsmith.pdf, accessed 9-15-13, CMM)
These three concerns challenge the … reflect that change makes sense. High risk of nuke terror, causes global escalation Dvorkin, Major General (retired), 12 (Vladimir, doctor of technical sciences, professor, and senior fellow at the Center for International Security of the Institute of World Economy and International Relations of the Russian Academy of Sciences. The Center participates in the working group of the U.S.-Russia Initiative to Prevent Nuclear Terrorism, 9/21/12, "What Can Destroy Strategic Stability: Nuclear Terrorism is a Real Threat," belfercenter.ksg.harvard.edu/publication/22333/what_can_destroy_strategic_stability.html, accessed 9-17-13, CMM)
Hundreds of scientific papers and reports … a strategy to combat them.
2NC
Empirics prove the link Guiora, Professor of Law at the S.J. Quinney College of Law, University of Utah, 9 (Amos, served in the Judge Advocate General's Corps of the Israel Defense Forces where he held senior command positions related to the legal and policy aspects of operational counterterrorism, Spring, “The Rule of Law and the Global War on Terrorism: Detainees, Interrogations, and Military Commissions Symposium: Article: Creating a Domestic Terror Court,” 48 Washburn L.J. 617, lexis, accessed 9-15-13, CMM)
A recent report published by … circumstances - be the sole basis of conviction.
Guantanamo isn’t used for recruitment Benjamin Wittes, Senior Fellow in Governance Studies at the Brookings Institution, 2010 (Editor in chief of Lawfare and a Senior Fellow in Governance Studies at the Brookings Institution, 12/24/2010, http://www.lawfareblog.com/2010/12/the-presidents-comments-on-gitmo/, accessed 9-16-13, CMM)
Obviously, we haven’t gotten it …–let alone in its actual recruitment.
10/26/13
Terror DA v Sig Strikes
Tournament: Wake | Round: 2 | Opponent: GMU KL | Judge: Carly Watson Restricting signature strikes collapses effective counter-terror Mudd, former senior official at the CIA and the FBI, 13 (Philip, director of global risk at SouthernSun Asset Management, 5-24-13, “Fear Factor,” http://www.foreignpolicy.com/articles/2013/05/24/fear_factor_signature_strikes, accessed 6-3-13, CMM)
The impact of armed drones during … penetrable by capable security services.
High risk of nuke terror, causes global escalation Dvorkin, Major General (retired), 12 (Vladimir, doctor of technical sciences, professor, and senior fellow at the Center for International Security of the Institute of World Economy and International Relations of the Russian Academy of Sciences. The Center participates in the working group of the U.S.-Russia Initiative to Prevent Nuclear Terrorism, 9/21/12, "What Can Destroy Strategic Stability: Nuclear Terrorism is a Real Threat," belfercenter.ksg.harvard.edu/publication/22333/what_can_destroy_strategic_stability.html, accessed 9-17-13, CMM)
Hundreds of scientific papers and reports have …and develop a strategy to combat them.
11/16/13
WPCA CP
Tournament: Kentucky | Round: Doubles | Opponent: MSU CZ | Judge: JP, Frappier, Watson, S Gannon, Cohn Text: The United States Federal Government should repeal the War Powers Resolution and enact the War Powers Consultation Act of 2009.
This solves the case and avoids our flexibility DAs. Baker, 61st Secretary of State, and Christopher, 63rd Secretary of State, 8 James III and Warren, along with John Jefferies, University of Virginia law school dean, and W Taylor Reveley III, College of William and Mary interim president, “National War Powers Commission Report” http://web1.millercenter.org/reports/warpowers/report.pdf, p.30-1, accessed 8-30-13, TAP
How best to promote consultation is … can state its support or disapproval of significant armed conflicts.
