Tournament: NDT | Round: 4 | Opponent: Cal MS | Judge: Lucas-Bolin, Larson, Najor

the Executive to shift justifications and accelerate strikes based on self-defense—-that destroys solvency and triggers global instability

Beau D. Barnes 12, J.D., Boston University School of Law, M.A. in Law and Diplomacy, The Fletcher School of Law and Diplomacy at Tufts University, 2012, "Reauthorizing the ’War on Terror’: The Legal and Policy Implications of the AUMF’s Coming Obsolescence," Military Law Review, http://papers.ssrn.com/sol3/papers.cfm?abstract_id=215087426download=yes-http://papers.ssrn.com/sol3/papers.cfm?abstract_id=215087426download=yes
In a world without a valid AUMF, the United States could base its continued
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problems."141 Only then can the President’s efforts be sustained and legitimate.
2. Effect on the International Law of Self-Defense
A failure to reauthorize military force would lead to significant negative consequences on the international
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international law of self defense would likely lead to precisely such a result.
The slippery slope problem, however, is not just limited to the United States’s
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to kill people anywhere, anytime, the result would be chaos."148
Encouraging the proliferation of an expansive law of international self-defense would not only
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and rooting~ counterterrorism efforts within a more durable, legal foundation."15

Obama circumvents the plan

Wolfgang 1/16/14
Ben, White House Correspondent for the Washington Times, "Little change expected in U.S. surveillance policy," http://www.washingtontimes.com/news/2014/jan/16/little-change-expected-in-us-surveillance-policy/

If the skeptics are correct, President Obama is about to embrace and endorse many
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the process, they have caused Mr. Obama significant foreign policy headaches.

Heg

Alt cause – budget

Rundio, 13 (Steve, "Speakers tell Kind that sequester hurts military readiness, morale" Jackson County Chronicle, 7/13, http://lacrossetribune.com/jacksoncochronicle/news/local/speakers-tell-kind-that-sequester-hurts-military-readiness-morale/article_3ca16ab0-fa0f-11e2-b73c-001a4bcf887a.html-http://lacrossetribune.com/jacksoncochronicle/news/local/speakers-tell-kind-that-sequester-hurts-military-readiness-morale/article_3ca16ab0-fa0f-11e2-b73c-001a4bcf887a.html)

Automatic federal budget cuts have resulted in shrunken paychecks, plunging morale and compromised military
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might not show up right away, but it will show up eventually."

No impact to decline—-*decline of conflict is unrelated to hegemony

Christopher J. Fettweis 11, Department of Political Science, Tulane University, 9/26/11, Free Riding or Restraint? Examining European Grand Strategy, Comparative Strategy, 30:316–332, EBSCO
It is perhaps worth noting that there is no evidence to support a direct relationship
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global policeman. Those who think otherwise base their view on faith alone.

It leads to Court re-interpretation

Johnson, 11 – Jeh, Pentagon General Counsel, being cited by Benjamin Wittes ("Jeh Johnson on Reaffirming the AUMF," LAWFARE, 10/20/11, http://www.lawfareblog.com/2011/10/jeh-johnson-on-reaffirming-the-aumf/-http://www.lawfareblog.com/2011/10/jeh-johnson-on-reaffirming-the-aumf/ Red)

JEH JOHNSON: I have a couple thoughts about that.  There is in the
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floor, once they get to conference, but those are my thoughts.

Terror

AQ dead—affiliates are hype and not a threat

Zachary Keck, associate editor of The Diplomat, 3/17/14, Al Qaeda’s Brand is Dead, nationalinterest.org/print/commentary/al-qaedas-brand-dead-10059

As Al Qaeda’s operational capability has withered, ~3~some observers have sought ~3~ to reframe the terrorism threat to the U.S. and the West in terms of Al Qaeda’s ideological appeal. According to this perspective, Al Qaeda continues to be a potent threat to the United States and the Western world because its ideology is spreading across the Arab world, and inspiring new groups that will attack the West.
Framing the threat in this way has the advantage of ensuring the Global War on Terror’s longevity. Indeed, by this measurement the U.S. is still embroiled in WWII given that neo-Nazi groups continue to exist, and sometimes carry out terrorist attacks in the West.
But the larger problem with the argument that Al Qaeda’s ideology is spreading is that it is completely inaccurate. The "Al Qaeda brand" was never as popular in the Arab world as it was portrayed in the West, and far from growing, its popularity has been rapidly declining in recent years. In fact, there are signs that Al Qaeda itself no longer believes in it.
Much of the confusion about Al Qaeda’s popularity is rooted in the Western tendency to
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Al Qaeda such a threat to the United States and its Western allies.
Islamic-inspired terrorism long predated the formation of Al Qaeda. It was, for instance, a constant reality in the Arab world during the Cold War thanks to the many groups that were inspired by the writings of Sayyid Qutb. These groups sought to be vanguard movements that used terrorism and leadership assassinations to overthrow Arab regimes ~the "near enemy"~ that they viewed as insufficiently Islamic.
Al Qaeda was an entirely different story, as a few astute individuals in the U.S. national security establishment realized during the 1990s. Al Qaeda had a very precise ideology, which was seen as a competitor to the ideology espoused by the domestic jihadists.
Like the domestic jihadists, Al Qaeda’s ultimate goal was to topple local regimes and
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S. to stop supporting these local regimes could the latter be overthrown.
Ayman al-Zawahiri, the current leader of Al Qaeda, explained this ideological argument nicely in his ~4~famous 2005 letter to ~4~Al Qaeda ~5~ in Iraq’s leader ~4~, Abu Musab al-Zarqawi. In the letter, al-Zawahiri wrote:
"It is my humble opinion that the Jihad in Iraq requires several incremental goals:
The first stage: Expel the Americans from Iraq.
The second stage: Establish an Islamic authority or emirate ~in Iraq~….
The third stage: Extend the jihad wave to the secular countries neighboring Iraq."
Al Qaeda’s ideology was also evident in the way it operated before 9/11
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, where the government at least supports its allies, the Afghan Taliban.
None of the so-called Al Qaeda franchises have replicated this model. Only Al Qaeda in the Arabian Peninsula (AQAP) in Yemen has shown any real commitment to attacking the U.S. or other Western homelands. Even so, this commitment has been extremely limited, particularly when compared with AQAP’s commitment to fighting the Yemeni government.
For the most part, the attacks in the U.S. that are
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, which urged Muslims living in Western countries to orchestrate their own attacks.
One of the exceptions to this model is Umar Farouk Abdulmutallab, the Nigerian who
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attack came from Abdulmutallab, who contacted the group on his own initiative.
Another exception to AQAP’s usual model came in 2010, when the group attempted to ship two cargo bombs to Chicago. Tipped off by Saudi intelligence, the packages were discovered before the bombs exploded. Unlike the previous attacks, the initial impetus to launch this attack didn’t come from outside the group. Still, the amount of resources AQAP devoted to the attack were minimal, a fact that the group publicly bragged about.
While these events demonstrate that AQAP does pose some threat to the U.S
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near enemy, and only casually interested in attacks on the far enemy.
All the other Al Qaeda affiliates have focused exclusively on trying to overthrow local regimes
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attacks there given the ease with which they could gain entry into America.
Yet there is no evidence al-Shabaab has decided to use a single one
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-Shabaab will prevail in its effort to seize control of the country.
The actions of Al Qaeda in Iraq (AQI) are also telling. The
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where it once again is battling a near enemy rather than the West.
More recently, even Al Qaeda Central has seemingly abandoned its own ideology, as
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enemy or different far enemies suggest that even it is amending its ideology.
Symbolic of the ~7~ lack of support for Al Qaeda’s mission is the fact that newer Islamist groups with supposed Al Qaeda links haven’t adopted the Al Qaeda name. Even groups that formerly took the Al Qaeda name, such as AQAP and AQI (long before being disavowed by Al Qaeda Central), have dropped Al Qaeda from their names.
Instead of Al Qaeda’s ideology spreading, then, what we are seeing is Islamist groups revert back to the domestic-jihad model that was prevalent in the Cold War but had lost steam in the 1990s. Al Qaeda had always considered itself an ideological competitor to these domestic jihadists. Increasingly, it is becoming one of them.
None of this should be surprising for at least two reasons. First, the
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to attack the U.S. homeland since the Arab Spring began.
The other reason it is not surprising that Al Qaeda has increasingly adopted the domestic
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on what was always his true ambition in life, overthrowing local regimes.

Terrorists won’t use WMD

Forest 12 (James, PhD and Director of Terrorism Studies and an associate professor at the United States Military Academy, "Framework for Analyzing the Future Threat of WMD Terrorism," Journal of Strategic Security, Volume 5, Number 4, Article 9, Winter 2012, http://scholarcommons.usf.edu/cgi/viewcontent.cgi?article=119326context=jss-http://scholarcommons.usf.edu/cgi/viewcontent.cgi?article=119326context=jss) NOTE—-CBRN weapon = chemical, biological, radiological or nuclear weapon

The terrorist group would additionally need to consider whether a WMD attack would be counterproductive
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, or the Chechen’s deliberations about attacking Russia, with such a weapon.

and retaliation

Smith and Herron 5, *Professor, University of Oklahoma, * University of Oklahoma Norman Campus, (Hank C. Jenkins-Smith, Ph.D., and Kerry G., "United States Public Response to Terrorism: Fault Lines or Bedrock?" Review of Policy Research 22.5 (2005): 599-623, http://works.bepress.com/cgi/viewcontent.cgi?article=100026context=hjsmith-http://works.bepress.com/cgi/viewcontent.cgi?article=100026context=hjsmith)

Our final contrasting set of expectations relates to the degree to which the public will
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, we find the weight of evidence supporting revisionist expectations of public opinion.
Overall, these results are inconsistent with the contention that highly charged events will result
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initial willingness to engage in military retaliation moderated significantly over the following year.
Perhaps most interesting is that the greatest propensity to change beliefs between 2001 and 2002
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lines in times of crises, it remains securely anchored in bedrock beliefs.

Tournament: NDT | Round: 4 | Opponent: Cal MS | Judge: Lucas-Bolin, Larson, Najor

Effective December 31^st, 2014, Congress should establish by statute a permanent, joint Congressional committee on international strategic policy, requiring the President consult this committee prior to use of force authorized by Public Law 107-40.  This committee should recommend prohibition of the aforementioned uses of force but lack the authority to veto Presidential actions. The full Congress should be required to vote on a resolution of approval no later than 30 days following consultation. The President should publicly proclaim the end to the armed conflict with al Qaeda and renounce actions based on the legal authority of the AUMF.

The net benefit is inter-branch conflict –

Inter-branch tensions are escalating now over the CIA – they’ll wreck foreign policy coherence

Samuelsohn, 3/23/14 - senior policy reporter for POLITICO Pro.  (Darren, Politico, "Dianne Feinstein-CIA feud enters uncharted territory" http://www.politico.com/story/2014/03/dianne-feinstein-cia-feud-104927.html-http://www.politico.com/story/2014/03/dianne-feinstein-cia-feud-104927.html)

Sen. Dianne Feinstein’s battle with the CIA has entered dangerous, uncharted territory.
Caught in the crossfire of the powerful California Democrat’s fight with the nation’s most recognized intelligence agency: America’s ability to manage multiple geopolitical hotspots, top national security nominations and senior Senate and CIA officials who could lose their jobs or possibly even end up in jail.
Managing relations between Congress and the intelligence community is always tricky — an outgrowth of closed-door oversight into sensitive national security issues where lawmakers often complain that they must ask the right questions to get the right answers.
But now that the Justice Department is involved in the dispute between Feinstein’s Intelligence Committee staff and the CIA — deciphering whether the CIA violated the Constitution or federal law by searching Senate computers, or whether Democratic staffers hacked into the CIA’s system to obtain classified documents — things have escalated to an unprecedented level.
While President Barack Obama won’t take sides publicly for fear of interfering with a possible criminal matter, that hasn’t stopped Senate Majority Leader Harry Reid. The Nevada Democrat last week defended Feinstein, warning in a letter to Attorney General Eric Holder that the recent back-and-forth accusations she’s had with CIA Director John Brennan could have historic ramifications for constitutional separation of powers.
"Left unchallenged, they call into question Congress’s ability to carry out its core constitutional duties and risk the possibility of an unaccountable Intelligence Community run amok," Reid wrote.
With no clear resolution in sight, Capitol Hill and the CIA are stuck in the awkward spot of trying to maintain business as usual, when the reality is it’s anything but.
"This is the most serious feud since the Intelligence committees were established," said Amy Zegart, a former National Security Council staffer and senior fellow at Stanford University’s Hoover Institution.
Most alarming, Zegart explained, is Feinstein’s Senate floor broadside earlier this month against the CIA. The senator’s remarks broke from her well-established reputation as a staunch defender of another wing of the intelligence community, the National Security Agency, amid scores of Edward Snowden-inspired leaks to the media.
"When someone who says they can be trusted now says they can’t, it’s really bad," Zegart said.
Brennan said in a Friday memo to CIA employees that he’s "committed to finding a way forward" with the Senate. And senior intelligence officials insist that tensions should ease once the committee can release a redacted version of the panel’s exhaustive five-year investigation into the George W. Bush-era CIA interrogation and detention programs. A vote to declassify the report is expected before the end of the month.
But even if a portion of the Senate’s investigation were to be made public, sources on and off Capitol Hill still caution that the bad blood will linger because of the harsh accusations exchanged over how Feinstein’s aides obtained an internal CIA analysis and the lines that the intelligence agency may have crossed to find out what they did.
Feinstein and Brennan are standing by their contradictory explanations of what happened in the course of the Democratic staff’s investigation into the Bush-era CIA programs. Absent a meeting of the minds, some say the only way for the chairwoman to save face is for Brennan to go.
"Those are bridges burned," said former Rep. Pete Hoekstra, a Michigan Republican who chaired the House Intelligence Committee.
"The real question it will come down to is whether Dianne Feinstein believes she can have a working relationship with John Brennan," Hoekstra added. "And if she believes that relationship is beyond repair and it’s going to be difficult to rebuild that trust between the oversight committee and the CIA, … then there’s really only one alternative. And that’s Brennan has to step aside."
Feinstein aides declined comment when asked about Brennan’s future, saying the senator’s 40-minute floor speech earlier this month speaks for itself — "for now." At the conclusion of those remarks, Feinstein called the impasse a "defining moment for the oversight for our Intelligence Committee."
"How Congress and how this will be resolved will show whether the Intelligence Committee can be effective in monitoring and investigating our nation’s intelligence activities or whether our work can be thwarted by those we oversee," Feinstein said.
Senior members of the House and Senate intelligence panels are cautioning against jumping to conclusions on the Feinstein-CIA fight, though members from both sides of the aisle also expressed concern that it could still spiral out of control.
"Our oversight is alive and well and robust. That won’t change," House Intelligence Committee Chairman Mike Rogers said in an interview. But the Michigan Republican also warned that the dispute needed to be resolved, and soon — otherwise there could be consequences.
"I think if this doesn’t get handled right in the next short period of time this has the potential of having other broader implications, and I hope it doesn’t get to that," Rogers said.
"You don’t want everything to become adversarial," he added. "The oversight will continue. If it’s adversarial or not, it will continue. It’s always better when both sides agree to a framework on what will be provided; otherwise, it becomes a subpoena exchange, and that’s just not helpful."
Rep. Dutch Ruppersberger (D-Md.), the ranking member of the House Intelligence Committee, said he’d never seen a dispute like the one between Feinstein and the CIA during his 12 years on the panel.
"When Sen. Feinstein has a concern, I think we must listen," he told POLITICO. "These are serious allegations. If true, it has a chilling effect on all of our intelligence agencies, especially our two committees that oversee all of the intelligence agencies, including the CIA."
In the absence of answers of what happened, several intelligence veterans said the Feinstein-CIA dispute is taking up lawmakers’ limited oxygen supply on complex issues ranging from Snowden’s revelations about government surveillance overreach to cybersecurity threats and tensions flaring in Ukraine, Syria, Egypt and other global hotspots.

The CP establishes a consultative framework for executive-legislative cooperation but avoids fights over authority

Baker and Hamilton 11 - James A. Baker III was secretary of state from 1989 to 1992. Lee H. Hamilton is a former Democratic representative from Indiana who chaired the House Committee on Foreign Affairs ("Breaking the war powers stalemate" Washington Post, 6/9, http://www.washingtonpost.com/opinions/breaking-the-war-powers-stalemate/2011/06/08/AGX0CrNH_story.html)

With our country engaged in three critical military conflicts, the last thing that Congress and the White House should be doing is squabbling over which branch of government has the final authority to send American troops to war. But that is exactly what has been happening, culminating with the House’s rebuke of the Obama administration last Friday for the way it has gone about the war in Libya.
On one hand is a bipartisan group of House members who argue that President Obama overreached because he failed to seek congressional approval for the military action in Libya within 60 days of the time the war started, as required by the War Powers Resolution. The lawmakers are particularly upset because the administration sought, and received, support from the United Nations — but not from them.
On the other hand is the White House, which argues that history is on its side. The 1999 NATO-led bombing over Kosovo lasted 18 days longer than the resolution’s 60-day requirement before the Serbian regime relented.
Stuck in the middle are the American people, particularly our soldiers in arms. They would be best served if our leaders debated the substantive issues regarding the conflict in Libya — and those of Afghanistan and Iraq — rather than engaging in turf battles about who has ultimate authority concerning the nation’s war powers.
There is, unfortunately, no clear legal answer about which side is correct. Some argue for the presidency, saying that the Constitution assigns it the job of "Commander in Chief." Others argue for Congress, saying that the Constitution gives it the "power to .?.?. declare war." But the Supreme Court has been unwilling to resolve the matter, declining to take sides in what many consider a political dispute between the other branches of government.
We believe there is a better way than wasting time disputing who is responsible for initiating or continuing war.
Almost three years ago, we were members of the Miller Center’s bipartisan National War
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end — made a unanimous recommendation to the president and Congress in 2008.
The commission’s proposed legislation would repeal and replace the War Powers Resolution. Passed over
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reality, the resolution has only further complicated the issue of war powers.
Our proposed War Powers Consultation Act offers clarity. It creates a consultation process, defines what constitutes "significant armed conflict" and identifies specific actions that both the president and Congress must take.
On the executive side, the president would be required to confer with a specific
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in Libya would require advance consultation and congressional action at the appropriate time.
On the legislative side, Congress would have to vote on a resolution of approval no later than 30 days after the president had consulted lawmakers. If Congress refused to vote yea or nay, it would do so in the face of a clear requirement to the contrary. Inaction would no longer be a realistic option.
Given the Constitution’s ambiguity, no solution is perfect. But Congress and the White House should view the War Powers Consultation Act as a way out of the impasse. It is what the American people want when their leaders confront the serious questions of war and peace.

Solves case without binding restrictions – fosters debate and accountability and creates de facto political constraint

Hamilton, 9 - The Honorable Lee H. Hamilton is president and director of the Woodrow
Wilson International Center for Scholars and director of the Center on
Congress at Indiana University (Rivals for Power: Presidential-Congressional Relations, ed: Thurber, p. 297-298)

By forcing Congress to take an up or down vote, the legislation directs Congress
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president can veto this joint resolution, but Congress can override that veto.
This provision does not provide Congress the power to stop the president from committing U
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resolution is, therefore, a mechanism to reinsert Congress into the process.
James Wilson’s words—"This system will not hurry us into war"—express a
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Powers Consultation Act would be an improvement over the present state of affairs.

The aff’s restriction cements an adversarial model of inter-branch relations which breaks consultation

Mann, 90 – senior fellow in governance studies, at Brookings (Thomas, A Question of Balance : the president, the Congress, and foreign policy, relevant chapter here: http://cas.uwo.ca/documents/political_science/Mann20p1-34.pdf-http://cas.uwo.ca/documents/political_science/Mann p1-34.pdf)

Collaboration entails consultation with Congress before executive action. It requires the initiation of serious
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and preserving as much discretion as possible over the conduct of foreign policy.
No formal mechanisms can guarantee collaboration between the branches; presidents will pursue this approach
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president’s ability to act quickly and decisively on behalf of American security interests.
These virtues are noticeably absent in the spheres of war powers and arms control.
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by devising informal arrangements whereby Congress can help shape negotiating objectives and strategies.
The same general strategy of reform—seeking to substitute early congressional involvement in the
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policy and its connection with fiscal, monetary, and trade issues.45
Reformers should be wary of reorganization plans that put a premium on simplification and hierarchy
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the relevant subcommittee chairs, in formal and informal discussions between the branches.
While contemporary congressional leaders are necessarily sensitive to and solicitous of rank-and-
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and procedure, but not rewrite the rules that govern their normal interactions. 

Extinction

Hamilton 2 ~Lee H., President and Director of the Woodrow Wilson International Center for Scholars, Vice Chairman of the 9/11 Commission, President’s Homeland Security Advisory Council, Former Member of the United States House of Representatives for 34 Years, Co-Chair of the Iraq Study Group, Formerly Special Assistant to the Director at the Woodrow Wilson Center, A Creative Tension: The Foreign Policy Roles of the President and Congress, p. 3-7~

We face many dangers, however. The diversity of the security and economic threats
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such a foreign policy to advance our interests and values around the globe.

2nc

Consultation will challenge erroneous Executive assumptions and persuade the President to change course if necessary – the CP solves better than an authorization requirement where the President has incentives to rally the public first to make Congress back down

Atwood, 8 - DEAN, HUBERT H. HUMPHREY INSTITUTE OF PUBLIC AFFAIRS, UNIVERSITY OF MINNESOTA (Brian, "WAR POWERS FOR THE 21ST CENTURY: THE EXECUTIVE BRANCH PERSPECTIVE" House Hearing, 4/28)

Goldsmith is assuming that consultations will produce consensus and that the Executive, with its
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president acting alone and influencing the decision through the court of public opinion.

The CP is a middle ground that spurs dialogue and joint development of war powers decisions without giving Congress a veto

Yost, 89 – law student at time of publication; subsequently, trial attorney, Asset Forfeiture and Money Laundering Section, Criminal Division, Department of Justice; lieutenant colonel, Office of the Judge Advocate General, International and Operations Law Division, Headquarters Air Force, U.S. Air Force Reserve (Mark, "Self Defense or Presidential Pretext? The Constitutionality of Unilateral Preemptive Military Action" 78 Geo. L.J. 415, December, lexis)

B. A MECHANISM FOR CONSULTATION¶ Commentators disagree about which consultation mechanism the Constitution
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one-house veto — it does not apply to the consultation mechanism.

*Consultation spurs inter-branch dialogue and better overall outcomes – regardless of legal authority to act

Griffin, 13 – professor of law at Tulane (Stephen, Long Wars and the Constitution, p. 239-240) Italics in original

Decisions for war are among the most serious any government can make. Yet few
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deliberation that occurred in 1965, a far more significant and consequential issue.

It improves Presidential decision-making and creates the perception of joint foreign policy development—link turns public

Kaine and McCain, 14 ~Senator Kaine From West Virginia and John McCain, Senator from Arizona, "STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS", http://beta.congress.gov/congressional-record/2014/1/16/senate-section/article/S441-1~~ 

Some of us may see the problem in these two instances as a failure of
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then acting in the best interest of the Nation to forge a consensus.¶ 

Adopting non-binding constraints sets a middle-ground norm that is capable of actually restraining most instances of preemptive force

Joyner, 8 - Associate Professor, University of Alabama School of Law (Daniel, "JUS AD BELLUM IN THE AGE OF WMD PROLIFERATION" 40 Geo. Wash. Int’l L. Rev. 233, lexis)

This Article will discuss the normative question of what should be the character of the
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area, as do the current formal rules of the jus ad bellum.
 ~*234~  A word on the intent of this Article before proceeding.
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the current crisis and its consequences for international legal regulation in this area.
It cannot be overemphasized that the proposals contained herein are not intended to undermine international
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provide effective regulation in this most sensitive and important area of international relations.

The CP institutionalizes formal consultation and revitalizes a Congressional foreign policy role without having binding authorization requirements - the difference is the plan is a prior authorization requirement that says the President has to obtain authorization first.  The CP doesn’t prevent Congress from blocking an operation, but it doesn’t require the President to obtain it in advance.

Baker and Hamilton, 9 – former secretary of state and former member of Congress ("WAR POWERS IN THE 21ST CENTURY " Senate Hearing, 4/28, http://www.gpo.gov/fdsys/pkg/CHRG-111shrg54641/html/CHRG-111shrg54641.htm-http://www.gpo.gov/fdsys/pkg/CHRG-111shrg54641/html/CHRG-111shrg54641.htm)

Mr. Hamilton. And the important thing there is that the President must consult
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in terms of the larger constitutional authority, one way or the other.

The resolutions plank just forces Congress to take a stand on foreign policy decisions – it’s not binding and if it fails, all that means is any member can introduce a resolution of disapproval.  It doesn’t require a vote for disapproval – it’s a choice and hence an effect of the CP, and it’s only binding if the President signs it – the main effect is political, not legal

Howell, 11 – professor of political science at the University of Chicago (William, "THE FUTURE OF THE WAR PRESIDENCY The Case of the War Powers Consultation Act", in The Presidency in the Twenty-First Century By: Charles W. Dunn, p. 88)
¶ To foster such consultation, the Commission recommends that we replace the War Powers
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factor these opinions and this information into the decisions they make about war.

Prior authorization requirements ruin cooperation and wreck foreign policy

Spiro, 13 – Peter, Charles Weiner Chair in international law at Temple University ("Syria Insta-Symposium: Obama’s Constitutional Surrender?," Opinio Juris, http://opiniojuris.org/2013/08/31/syria-insta-symposium-obamas-constitutional-surrender/-http://opiniojuris.org/2013/08/31/syria-insta-symposium-obamas-constitutional-surrender/ Red)

Whatever happens with regard to Syria, the larger consequence of the president’s action will
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implications not just for separation of powers but for the global system generally.

Statutory restrictions telegraph U.S. disunity and undermine military action

Kriner, 10 – associate professor of political science and the Director of Undergraduate Studies at Boston University (Douglas, After the Rubicon : Congress, Presidents, and the Conduct of Waging War, p. 157-158)

Conversely, binding legislative actions to cut off funding for an operation, invoke the
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the executive should decrease the expected duration of the use of force. 14

No Fights over the plan
Panda 3/12, Ankit Panda is Associate Editor of The Diplomat. He was previously a Research Specialist at Princeton University where he worked on international crisis diplomacy, international security, technology policy, and geopolitics , Time to Review the AUMF, http://thediplomat.com/2014/03/time-to-review-the-aumf/
The AUMF became a point of controversy among libertarians, non-interventionists, and
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. Expect this debate to expand as President Obama’s second term carries forward.

Current Presidential control sets a ceiling on how much the Tea Party can materially affect foreign policy—-empowering Congress means empowering isolationist Tea Partiers

Bruce Stokes 14, director of global economic attitudes at the Pew Research Center, 2/12/14, "The Tea Party’s worldview," http://www.europeanvoice.com/article/2014/february/the-tea-party-s-worldview/79627.aspx
About half of Tea Party sympathisers among Republicans and Independents who lean Republican say the
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the Tea Party worldview bears watching in 2014. It has global implications. 

Empowering Congress triggers an isolationist withdrawal from global engagement—-extinction

Nicholas Burns 14, professor of the practice of diplomacy and international politics at Harvard’s Kennedy School of Government, 1/30/14, "The new American isolationism," https://www.bostonglobe.com/opinion/2014/01/30/new-american-isolationism/Kvnzv4gNdDCOabdWgdjAKP/story.html-https://www.bostonglobe.com/opinion/2014/01/30/new-american-isolationism/Kvnzv4gNdDCOabdWgdjAKP/story.html

ARE AMERICANS turning inward, tiring of our immense global responsibilities, just when our
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power that matters everywhere, but Washington no longer thinks that everywhere matters."

Tournament: NDT | Round: 4 | Opponent: Cal MS | Judge: Lucas-Bolin, Larson, Najor

The aff is an instrument of neoliberal lawfare—cements violent grand strategy and disdain for democracy

Morrissey 2011 – Lecturer in Political and Cultural Geography, National University of Ireland, Galway, has held visiting research fellowships at University College Cork, City University of New York, Virginia Tech and the University of Cambridge (John, Geopolitics, 16.2, "Liberal Lawfare and Biopolitics: US Juridical Warfare in the War on Terror", DOI DOI: 10.1080/14650045.2010.538872)

A bigger question, of course, is what the US military practices of lawfare
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who "participate~s~ in discussions of strategy and tactics".118
The US military’s liberal lawfare reveals how the rule of law is simply another securitization
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necessitated by the perennial political economic ’need’ to securitize volatility and threat.
CONCLUSION: ENABLING BIOPOLITICAL POWER IN THE AGE OF SECURITIZATION
Law and force flow into one another. We make war in the shadow of law, and law in the shadow of force.
— David Kennedy, Of War and Law 124
Can a focus on lawfare and biopolitics help us to critique our contemporary moment’s proliferation
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even sometimes embracing it – as a tactic of statecraft and war".128
Since the inception of the war on terror, the US military has waged incessant
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’make live’ and the anticipating and management of life’s uncertain ’future’.
Some of the most key contributions across the social sciences and humanities in recent years
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toxic combination’ of US geopolitics and biopolitics defining the current age of securitization. 

The impact is extinction

Tamás Szentes 8, Professor Emeritus at the Corvinus University of Budapest. "Globalisation and prospects of the world society" 4/22/08 http://www.eadi.org/fileadmin/Documents/Events/exco/Glob.___prospects_-_jav..pdf

It’ s a common place that human society can survive and develop only in a
AND
mass destructive weapons, and also due to irreversible changes in natural environment.

The alternative is to look beyond law for solutions to complex problems

Ghoshray 2009 – PhD, JD Cornell, Professor at St. Johns School of
AND
Consciousness and Presidential War Power: Examining the Shadowy Bends of Constitutional Curvature")

Constitutional space is envisaged to be a linear multidimensional space99 in which the distance between
AND
ways to meld disciplines to illuminate the dark shadows of the constitutional curvature.

1nr

Toon – disproven by nuclear testing, says it’s the equivalent of a counterforce exchange, not actual thermonuclear exchange

Coates 2009 – former adjunct professor at George Washington University, President of the Kanawha Institute for the Study of the Future and was President of the International Association for Impact Assessment and was President of the Association for Science, Technology and Innovation, M.S., Hon D., FWAAS, FAAAS, (Joseph F., Futures 41, 694-705, "Risks and threats to civilization, humankind, and the earth", ScienceDirect, WEA)

The opportunity for setting off a nuclear device, a dirty bomb, in a
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political responses are difficult to anticipate and a distraction to conjecture about here.

Investigating the historical production of war via colonial ideology is key to solve the root causes of global violence

Heike Harting 6, prof at University of Montreal, Global Civil War and Post-colonial Studies, globalautonomy.ca/global1/servlet/Xml2pdf?fn=RA_Harting_GlobalCivilWar

¶ The Necropolitics of Global Civil War¶ As with other civil wars, global
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rescripting of both the normalizing narratives and racialized embodiment of global civil warfare.¶ 

Structural violence outweighs—don’t be fooled by neoliberal claims of inevitability

Hintjens 7 ~Helen Hintjens is Lecturer in the Centre for Development Studies, University of Wales, "MDF Understanding Development Better," http://udb.global-connections.nl/sites/udb.global-connections.nl/files/file/2923317.05120-20Position20Paper20Helen20Hintjens.pdf~~

From Johan Galtung, famous Norwegian peace ’guru’, still alive and heads up
AND
violence…is neither natural nor inevitable", p. 301 (Prontzos). 

No uniqueness – collapse inevitable now – the plan’s neoliberal policy – their impact d also assumes resource susbstitution which is false

Wallerstein, Ph.D., 11—senior research scholar at Yale University, PhD from Columbia (Immanuel, January/ February 2011, "THE GLOBAL ECONOMY WON’T RECOVER, NOW OR EVER," http://www.foreignpolicy.com/articles/2011/01/02/unconventional_wisdom?page=0,9, RBatra)

The problem is that the basic costs of all production have risen remarkably. There
AND
, the struggle over what new system will be created, is elsewhere.

4. They prefigured the discussion on neoliberal terms—without contesting that framing, alternatives are powerless—proves our sequencing disad and that their impacts are only deflection tactics

Knox 12 – PhD Candidate, London School of Economics and Political Science (Robert, paper presented at the Fourth Annual Conference of the Toronto Group for the Study of International, Transnational and Comparative Law and the Towards a Radical International Law workshop, "Strategy and Tactics")

this warning is of great relevance to the type of ’strategic’ interventions advocated by
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too does ’strategic’ liberal legalism collapse into plain old liberal legalism.53

Their model of rational policy analysis is rigged to favor threat inflation and dodge critical scrutiny

Glennon 2014 – Professor of International Law, Fletcher School of Law and Diplomacy, Tufts University (Michael, Harvard National Security Journal, Vol. 5, "National Security and Double Government", http://harvardnsj.org/wp-content/uploads/2014/01/Glennon-Final.pdf)

Sixty years later, sitting atop its national security institutions, an intra-governmental
AND
has been the seminal phenomenon that has created and nurtures America’s double government.¶

Tournament: NDT | Round: 4 | Opponent: Cal MS | Judge: Lucas-Bolin, Larson, Najor

Patent reform will pass, but PC’s key and it’s a fight

Meyers, 3/5/14 (Jessica, "Lawmakers: Patent reform will advance" Politico, http://www.politico.com/story/2014/03/patent-reform-104278.html-http://www.politico.com/story/2014/03/patent-reform-104278.html)

Two lawmakers immersed in patent reform efforts suggested Wednesday that the president could see a bill on his desk in coming months.
"It’s a pretty good bet you could see something on this, this year
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election year. That timing, Berman said, "concerns me greatly."

Plan kills capital

O’Neil 7 (David – Adjunct Associate Professor of Law, Fordham Law School, "The Political Safeguards of Executive Privilege", 2007, 60 Vand. L. Rev. 1079, lexis)

a. Conscious Pursuit of Institutional Prerogatives The first such assumption is belied both by
AND
Shane observes, non-judicial resolution "becomes vastly more difficult." n187

That closes the window and alienates Dems

Wild, 14 (2/23, Joff, "Concerns in Senate and approaching election could stymie patent litigation reform moves" Intellectual Asset Management Magazine, http://www.iam-magazine.com/Blog/Detail.aspx?g=0fe92d4e-915d-4f15-925e-60b452f2e093-http://www.iam-magazine.com/Blog/Detail.aspx?g=0fe92d4e-915d-4f15-925e-60b452f2e093)

The window of opportunity for the passing of a federal patent litigation reform law in
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soon, that is going to become everyone’s primary focus on Capitol Hill.

The impact is clean tech and innovation

Gerschel-Clarke, 13 – independent design strategist specialising in the societal aspects of design and a contributing writer at Sustainable Brands (Adam, The Guardian, "Are patent trolls strangling sustainable innovation?" 11/14, http://www.theguardian.com/sustainable-business/patent-trolls-sustainable-innovation-http://www.theguardian.com/sustainable-business/patent-trolls-sustainable-innovation)

Disputes over intellectual property have risen dramatically over the last few years and, despite
AND
technologies by limiting the breadth of patents and regulating licences on basic technologies.

Extinction

Klarevas 9 – Professor of Global Affairs
Louis, Professor at the Center for Global Affairs – New York University, "Securing American Primacy While Tackling Climate Change: Toward a National Strategy of Greengemony-http://www.huffingtonpost.com/louis-klarevas/securing-american-primacy_b_393223.html", Huffington Post, 12-15, http://www.huffingtonpost.com/louis-klarevas/securing-american-primacy_b_393223.html-http://www.huffingtonpost.com/louis-klarevas/securing-american-primacy_b_393223.html

By not addressing climate change more aggressively and creatively, the United States is squandering
AND
means of leverage that can be employed to keep potential foes in check.

Key to medical biotech innovation – universities are under economic pressure to sell patents to trolls

Feldman, 3/28/14 - professor of Law, Harry 26 Lillian Hastings Chair, and director of the Institute for Innovation Law at the University of California Hastings College of Law. (Robin, "Next patent troll victims: Pharma and bio?" The Hill, http://itk.thehill.com/blogs/congress-blog/judicial/201945-next-patent-troll-victims-pharma-and-bio-http://itk.thehill.com/blogs/congress-blog/judicial/201945-next-patent-troll-victims-pharma-and-bio)

Conventional wisdom has always held that bio and pharma are safe from patent trolling. Unfortunately, that conventional wisdom is wrong.
Not only are we starting to see evidence of patent trolls moving into the biopharmaceutical space, our recent study of university patent holdings shows that the bio and pharmaceutical industries are at serious risk of the same type of destabilizing activity that has plagued the technology industry and main street businesses in recent years.
Non-practicing entities—also called NPEs or more colorfully, patent trolls—
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, however. Or at least, that’s what we have told ourselves.
With scattered signs showing that patent trolls are beginning to purchase biopharmaceutical patents, however, my co-author and I wondered whether the industry was really as safe as assumed. In particular, we wondered whether university holdings could provide a tempting pool of ammunition to launch against current biopharmaceutical products.
To test that theory, we looked at the life science patent holdings of five major research universities: University of California, University of Texas, MIT, CalTech, and the University of South Florida. Our study identified dozens of patents that could be deployed against current bio and pharma industries, following the patterns that NPEs have used against other industries. These include patents on drug formulas, methods of treatments, research methods, dosage forms, and others.
If patents like these are around and threatening, why hasn’t the biopharmaceutical industry found
AND
out and licensing every patent that could potentially be launched against a product.
That safety net, however, may be coming down. Last fall, the Association of University Technology Managers began revisiting its policy against selling patents to NPEs. Pressure on university technology offices to bring in more revenue is causing the Association to rethink its position. That re-evaluation, however, could have serious consequences for the biopharmaceutical industry and for universities themselves.
Many university patents are developed at least in part with federal funds, and there
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research is being used to harm American businesses with little return to innovation.
As a result, dancing with NPEs could be a risky business for universities. If public anger about patent trolling focuses on universities, they have much more to lose in terms of federal dollars than they have to gain from NPEs.
Concerns about university portfolios and patent trolling are particularly relevant as Congress considers reform proposals. Some of the proposals would exempt universities and those working with universities. It is critical for legislative drafters to understand the potential for problems within university portfolios in general and as they might be aimed at the life sciences in particular.
The study is intended to sound a warning bell. Technology trolling seeped in silently under the radar, growing to extraordinary dimensions before lawmakers had time to react. In contrast, life sciences trolling is predictable and in its infancy. If reforms are implemented before the problem proliferates throughout the industry, legislators and regulators have a chance to cabin the activity before it becomes deeply entrenched and before too much harm occurs.

That’s key to solve the aging crisis by decreasing health care costs

Alliance for Aging Research, 6 ("Medical Innovation: A Long-Term Vision," Spring, http://www.agingresearch.org/content/article/detail/1369-http://www.agingresearch.org/content/article/detail/1369)

As the first members of the Baby Boom generation turn 60, a national dialogue
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diseases and reduces their impact on our nation’s pocketbook and on our lives.

Nuclear war – us leadership key

Howe and Jackson, 9 - Researchers at the Center for Strategic and International Studies and co-authors of "The Graying of the Great Powers: Demography and Geopolitics in the 21st Century." (Neil and Richard, "The World Won’t Be Aging Gracefully. Just the Opposite.", Washington Post, Jan 4, http://www.washingtonpost.com/wp-dyn/content/article/2009/01/02/AR2009010202231.html-http://www.washingtonpost.com/wp-dyn/content/article/2009/01/02/AR2009010202231.html)
America certainly faces some serious structural challenges, including an engorged health-care sector
AND
." Demography suggests that this will remain true for some time to come.

Tournament: NDT | Round: 5 | Opponent: Georgetown EM | Judge: Gordon Stables, Tom Gliniecki, John Holland

1nc consult congress cp

Congress should establish by statute a permanent, joint Congressional committee on international strategic policy, requiring the President consult this committee prior to use of military force. This committee should recommend cessation of use of force pursuant to the 2001 AUMF but lack the authority to veto Presidential actions. The full Congress should be required to vote on a resolution of approval no later than 30 days following consultation. The United States Federal Government should publicly clarify that it will shift its legal justification for related uses of force to a law enforcement paradigm pursuant to the consultative mechanism and not the AUMF and not use expansive self-defense justification for targeted killing. We’ll clarify?

The net benefit is inter-branch conflict –

Inter-branch tensions are escalating now over the CIA – they’ll wreck foreign policy coherence

Samuelsohn, 3/23/14 - senior policy reporter for POLITICO Pro.  (Darren, Politico, "Dianne Feinstein-CIA feud enters uncharted territory" http://www.politico.com/story/2014/03/dianne-feinstein-cia-feud-104927.html-http://www.politico.com/story/2014/03/dianne-feinstein-cia-feud-104927.html)

Sen. Dianne Feinstein’s battle with the CIA has entered dangerous, uncharted territory.
Caught in the crossfire of the powerful California Democrat’s fight with the nation’s most recognized intelligence agency: America’s ability to manage multiple geopolitical hotspots, top national security nominations and senior Senate and CIA officials who could lose their jobs or possibly even end up in jail.
Managing relations between Congress and the intelligence community is always tricky — an outgrowth of closed-door oversight into sensitive national security issues where lawmakers often complain that they must ask the right questions to get the right answers.
But now that the Justice Department is involved in the dispute between Feinstein’s Intelligence Committee staff and the CIA — deciphering whether the CIA violated the Constitution or federal law by searching Senate computers, or whether Democratic staffers hacked into the CIA’s system to obtain classified documents — things have escalated to an unprecedented level.
While President Barack Obama won’t take sides publicly for fear of interfering with a possible criminal matter, that hasn’t stopped Senate Majority Leader Harry Reid. The Nevada Democrat last week defended Feinstein, warning in a letter to Attorney General Eric Holder that the recent back-and-forth accusations she’s had with CIA Director John Brennan could have historic ramifications for constitutional separation of powers.
"Left unchallenged, they call into question Congress’s ability to carry out its core constitutional duties and risk the possibility of an unaccountable Intelligence Community run amok," Reid wrote.
With no clear resolution in sight, Capitol Hill and the CIA are stuck in the awkward spot of trying to maintain business as usual, when the reality is it’s anything but.
"This is the most serious feud since the Intelligence committees were established," said Amy Zegart, a former National Security Council staffer and senior fellow at Stanford University’s Hoover Institution.
Most alarming, Zegart explained, is Feinstein’s Senate floor broadside earlier this month against the CIA. The senator’s remarks broke from her well-established reputation as a staunch defender of another wing of the intelligence community, the National Security Agency, amid scores of Edward Snowden-inspired leaks to the media.
"When someone who says they can be trusted now says they can’t, it’s really bad," Zegart said.
Brennan said in a Friday memo to CIA employees that he’s "committed to finding a way forward" with the Senate. And senior intelligence officials insist that tensions should ease once the committee can release a redacted version of the panel’s exhaustive five-year investigation into the George W. Bush-era CIA interrogation and detention programs. A vote to declassify the report is expected before the end of the month.
But even if a portion of the Senate’s investigation were to be made public, sources on and off Capitol Hill still caution that the bad blood will linger because of the harsh accusations exchanged over how Feinstein’s aides obtained an internal CIA analysis and the lines that the intelligence agency may have crossed to find out what they did.
Feinstein and Brennan are standing by their contradictory explanations of what happened in the course of the Democratic staff’s investigation into the Bush-era CIA programs. Absent a meeting of the minds, some say the only way for the chairwoman to save face is for Brennan to go.
"Those are bridges burned," said former Rep. Pete Hoekstra, a Michigan Republican who chaired the House Intelligence Committee.
"The real question it will come down to is whether Dianne Feinstein believes she can have a working relationship with John Brennan," Hoekstra added. "And if she believes that relationship is beyond repair and it’s going to be difficult to rebuild that trust between the oversight committee and the CIA, … then there’s really only one alternative. And that’s Brennan has to step aside."
Feinstein aides declined comment when asked about Brennan’s future, saying the senator’s 40-minute floor speech earlier this month speaks for itself — "for now." At the conclusion of those remarks, Feinstein called the impasse a "defining moment for the oversight for our Intelligence Committee."
"How Congress and how this will be resolved will show whether the Intelligence Committee can be effective in monitoring and investigating our nation’s intelligence activities or whether our work can be thwarted by those we oversee," Feinstein said.
Senior members of the House and Senate intelligence panels are cautioning against jumping to conclusions on the Feinstein-CIA fight, though members from both sides of the aisle also expressed concern that it could still spiral out of control.
"Our oversight is alive and well and robust. That won’t change," House Intelligence Committee Chairman Mike Rogers said in an interview. But the Michigan Republican also warned that the dispute needed to be resolved, and soon — otherwise there could be consequences.
"I think if this doesn’t get handled right in the next short period of time this has the potential of having other broader implications, and I hope it doesn’t get to that," Rogers said.
"You don’t want everything to become adversarial," he added. "The oversight will continue. If it’s adversarial or not, it will continue. It’s always better when both sides agree to a framework on what will be provided; otherwise, it becomes a subpoena exchange, and that’s just not helpful."
Rep. Dutch Ruppersberger (D-Md.), the ranking member of the House Intelligence Committee, said he’d never seen a dispute like the one between Feinstein and the CIA during his 12 years on the panel.
"When Sen. Feinstein has a concern, I think we must listen," he told POLITICO. "These are serious allegations. If true, it has a chilling effect on all of our intelligence agencies, especially our two committees that oversee all of the intelligence agencies, including the CIA."
In the absence of answers of what happened, several intelligence veterans said the Feinstein-CIA dispute is taking up lawmakers’ limited oxygen supply on complex issues ranging from Snowden’s revelations about government surveillance overreach to cybersecurity threats and tensions flaring in Ukraine, Syria, Egypt and other global hotspots.

The CP establishes a consultative framework for executive-legislative cooperation but avoids fights over authority

Baker and Hamilton 11 - James A. Baker III was secretary of state from 1989 to 1992. Lee H. Hamilton is a former Democratic representative from Indiana who chaired the House Committee on Foreign Affairs ("Breaking the war powers stalemate" Washington Post, 6/9, http://www.washingtonpost.com/opinions/breaking-the-war-powers-stalemate/2011/06/08/AGX0CrNH_story.html)

With our country engaged in three critical military conflicts, the last thing that Congress and the White House should be doing is squabbling over which branch of government has the final authority to send American troops to war. But that is exactly what has been happening, culminating with the House’s rebuke of the Obama administration last Friday for the way it has gone about the war in Libya.
On one hand is a bipartisan group of House members who argue that President Obama overreached because he failed to seek congressional approval for the military action in Libya within 60 days of the time the war started, as required by the War Powers Resolution. The lawmakers are particularly upset because the administration sought, and received, support from the United Nations — but not from them.
On the other hand is the White House, which argues that history is on its side. The 1999 NATO-led bombing over Kosovo lasted 18 days longer than the resolution’s 60-day requirement before the Serbian regime relented.
Stuck in the middle are the American people, particularly our soldiers in arms. They would be best served if our leaders debated the substantive issues regarding the conflict in Libya — and those of Afghanistan and Iraq — rather than engaging in turf battles about who has ultimate authority concerning the nation’s war powers.
There is, unfortunately, no clear legal answer about which side is correct. Some argue for the presidency, saying that the Constitution assigns it the job of "Commander in Chief." Others argue for Congress, saying that the Constitution gives it the "power to .?.?. declare war." But the Supreme Court has been unwilling to resolve the matter, declining to take sides in what many consider a political dispute between the other branches of government.
We believe there is a better way than wasting time disputing who is responsible for initiating or continuing war.
Almost three years ago, we were members of the Miller Center’s bipartisan National War
AND
end — made a unanimous recommendation to the president and Congress in 2008.
The commission’s proposed legislation would repeal and replace the War Powers Resolution. Passed over
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reality, the resolution has only further complicated the issue of war powers.
Our proposed War Powers Consultation Act offers clarity. It creates a consultation process, defines what constitutes "significant armed conflict" and identifies specific actions that both the president and Congress must take.
On the executive side, the president would be required to confer with a specific
AND
in Libya would require advance consultation and congressional action at the appropriate time.
On the legislative side, Congress would have to vote on a resolution of approval no later than 30 days after the president had consulted lawmakers. If Congress refused to vote yea or nay, it would do so in the face of a clear requirement to the contrary. Inaction would no longer be a realistic option.
Given the Constitution’s ambiguity, no solution is perfect. But Congress and the White House should view the War Powers Consultation Act as a way out of the impasse. It is what the American people want when their leaders confront the serious questions of war and peace.

Solves case without binding restrictions – fosters debate and accountability and creates de facto political constraint

Hamilton, 9 - The Honorable Lee H. Hamilton is president and director of the Woodrow
Wilson International Center for Scholars and director of the Center on
Congress at Indiana University (Rivals for Power: Presidential-Congressional Relations, ed: Thurber, p. 297-298)

By forcing Congress to take an up or down vote, the legislation directs Congress
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president can veto this joint resolution, but Congress can override that veto.
This provision does not provide Congress the power to stop the president from committing U
AND
resolution is, therefore, a mechanism to reinsert Congress into the process.
James Wilson’s words—"This system will not hurry us into war"—express a
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Powers Consultation Act would be an improvement over the present state of affairs.

The aff’s restriction cements an adversarial model of inter-branch relations which breaks consultation

Mann, 90 – senior fellow in governance studies, at Brookings (Thomas, A Question of Balance : the president, the Congress, and foreign policy, relevant chapter here: http://cas.uwo.ca/documents/political_science/Mann20p1-34.pdf-http://cas.uwo.ca/documents/political_science/Mann p1-34.pdf)

Collaboration entails consultation with Congress before executive action. It requires the initiation of serious
AND
and preserving as much discretion as possible over the conduct of foreign policy.
No formal mechanisms can guarantee collaboration between the branches; presidents will pursue this approach
AND
president’s ability to act quickly and decisively on behalf of American security interests.
These virtues are noticeably absent in the spheres of war powers and arms control.
AND
by devising informal arrangements whereby Congress can help shape negotiating objectives and strategies.
The same general strategy of reform—seeking to substitute early congressional involvement in the
AND
policy and its connection with fiscal, monetary, and trade issues.45
Reformers should be wary of reorganization plans that put a premium on simplification and hierarchy
AND
the relevant subcommittee chairs, in formal and informal discussions between the branches.
While contemporary congressional leaders are necessarily sensitive to and solicitous of rank-and-
AND
and procedure, but not rewrite the rules that govern their normal interactions. 

Extinction

Hamilton 2 ~Lee H., President and Director of the Woodrow Wilson International Center for Scholars, Vice Chairman of the 9/11 Commission, President’s Homeland Security Advisory Council, Former Member of the United States House of Representatives for 34 Years, Co-Chair of the Iraq Study Group, Formerly Special Assistant to the Director at the Woodrow Wilson Center, A Creative Tension: The Foreign Policy Roles of the President and Congress, p. 3-7~

We face many dangers, however. The diversity of the security and economic threats
AND
such a foreign policy to advance our interests and values around the globe.

Tournament: NDT | Round: 5 | Opponent: Georgetown EM | Judge: Gordon Stables, Tom Gliniecki, John Holland

1nc extraterritoriality da

Law enforcement paradigm spills over to extraterritorial habeas status

Lobel, 11 – Jules, Bessie McKee Walthour Endowed Chair and Professor of Law, University of Pittsburgh School of Law ("Fundamental Norms, International Law, and the Extraterritorial Constitution," Yale Journal of International Law, http://www.yjil.org/print/volume-36-issue-2/fundamental-norms-international-law-and-the-extraterritorial-constitution?print=126tmpl=component-http://www.yjil.org/print/volume-36-issue-2/fundamental-norms-international-law-and-the-extraterritorial-constitution?print=126tmpl=component Red)

In a wide variety of contexts, aliens have challenged U.S. government
AND
of Human Rights—to determine the reach of constitutional or human rights.

That causes jurisdiction disputes – tanks US foreign relations

Lobel, 11 – Jules, Bessie McKee Walthour Endowed Chair and Professor of Law, University of Pittsburgh School of Law ("Fundamental Norms, International Law, and the Extraterritorial Constitution," Yale Journal of International Law, http://www.yjil.org/print/volume-36-issue-2/fundamental-norms-international-law-and-the-extraterritorial-constitution?print=126tmpl=component-http://www.yjil.org/print/volume-36-issue-2/fundamental-norms-international-law-and-the-extraterritorial-constitution?print=126tmpl=component Red)

Commentators note that the relationship between international law and domestic national law can be aptly
AND
decrease the potential for international conflict but at the cost of sovereign power.

Canada flips out

Coughlan, 06 – Steve, Professor of Law at Dalhousie University, Halifax, with Nova Scotia, Robert Currie, Hugh Kindred, and Teresa Scassa ("GLOBAL REACH, LOCAL GRASP: CONSTRUCTING EXTRATERRITORIAL JURISDICTION IN THE AGE OF GLOBALIZATION," Prepared for the Law Commission of Canada, 6/23/06, Online Red)

The reach of national law is often greater than its grasp. Canada, like
AND
scope, means and effectiveness of extraterritorial action must be examined and evaluated. 

Then we all die

Leblanc, 08 – former commander of Canadian Forces Northern Area ("Mutual Security Interests in the Arctic," http://www.cdfai.org/conf2008/PDF/CDFAI20200820Conference20-20Panel20One.pdf)Red

Global warming is affecting the arctic archipelago and for Canada the immediate danger is through
AND
to work to secure the arctic as this is what good neighbours do.

Tournament: NDT | Round: 5 | Opponent: Georgetown EM | Judge: Gordon Stables, Tom Gliniecki, John Holland

The aff is an instrument of neoliberal lawfare—cements violent grand strategy and disdain for democracy

Morrissey 2011 – Lecturer in Political and Cultural Geography, National University of Ireland, Galway, has held visiting research fellowships at University College Cork, City University of New York, Virginia Tech and the University of Cambridge (John, Geopolitics, 16.2, "Liberal Lawfare and Biopolitics: US Juridical Warfare in the War on Terror", DOI DOI: 10.1080/14650045.2010.538872)

A bigger question, of course, is what the US military practices of lawfare
AND
who "participate~s~ in discussions of strategy and tactics".118
The US military’s liberal lawfare reveals how the rule of law is simply another securitization
AND
necessitated by the perennial political economic ’need’ to securitize volatility and threat.
CONCLUSION: ENABLING BIOPOLITICAL POWER IN THE AGE OF SECURITIZATION
Law and force flow into one another. We make war in the shadow of law, and law in the shadow of force.
— David Kennedy, Of War and Law 124
Can a focus on lawfare and biopolitics help us to critique our contemporary moment’s proliferation
AND
even sometimes embracing it – as a tactic of statecraft and war".128
Since the inception of the war on terror, the US military has waged incessant
AND
’make live’ and the anticipating and management of life’s uncertain ’future’.
Some of the most key contributions across the social sciences and humanities in recent years
AND
toxic combination’ of US geopolitics and biopolitics defining the current age of securitization. 

The impact is extinction

Tamás Szentes 8, Professor Emeritus at the Corvinus University of Budapest. "Globalisation and prospects of the world society" 4/22/08 http://www.eadi.org/fileadmin/Documents/Events/exco/Glob.___prospects_-_jav..pdf

It’ s a common place that human society can survive and develop only in a
AND
mass destructive weapons, and also due to irreversible changes in natural environment.

The alternative is to look beyond law for solutions to complex problems

Ghoshray 2009 – PhD, JD Cornell, Professor at St. Johns School of
AND
Consciousness and Presidential War Power: Examining the Shadowy Bends of Constitutional Curvature")

Constitutional space is envisaged to be a linear multidimensional space99 in which the distance between
AND
ways to meld disciplines to illuminate the dark shadows of the constitutional curvature.

Tournament: NDT | Round: 5 | Opponent: Georgetown EM | Judge: Gordon Stables, Tom Gliniecki, John Holland

Reject laundry list impact cards – no evidence for propensity

Squo solves —- Obama rejected the Bush doctrine

Aziz 13 (Omer, graduate student at Cambridge University, is a researcher at the Center for International and Defense Policy at Queen’s University, "The Obama Doctrine’s Second Term," Project Syndicate, 2-5, http://www.project-syndicate.org/blog/the-obama-doctrine-s-second-term—by-omer-aziz-http://www.project-syndicate.org/blog/the-obama-doctrine-s-second-term~-~-by-omer-aziz)
The Obama Doctrine’s first term has been a remarkable success. After the 243
AND
is the final nail in the coffin of the neoconservatives’ failed imperial policies. 

No norm against preemption exists regardless of US action —- means it’s inevitable

Keir A. Lieber 2, Assistant Professor of Political Science, University of Notre Dame and Robert J. Lieber, Professor of Government and Foreign Service, Georgetown University, December 2002, http://164.109.48.86/journals/itps/1202/ijpe/pj7-4lieber.htm
Some analysts believe that it is counterproductive to make explicit the conditions under which America
AND
will not be emboldened by rhetorical shifts in U.S. policy.

The plan causes circumvention via PMCs—takes out the aff

Kruck ’14
Andreas, Geschwister Scholl Institute for Political Science, University of Munich, "Theorising the use of private military and security companies: a synthetic perspective," Journal of International Relations and Development, 2014, 17, (112–141)

In contrast with this functionalist view, the political-instrumentalist model conceives of privatisation
AND
States will first and foremost outsource politically and societally controversial tasks to PMSCs.

Tournament: NDT | Round: 5 | Opponent: Georgetown EM | Judge: Gordon Stables, Tom Gliniecki, John Holland

Repealing the AUMF fails—only results in legal vagueness and Article II authority—only modification creates an effective but durable limit

WP 5/29/13—the Washington Post
("Contradiction flaws new policy on how to combat terrorism", http://www.morningjournal.com/articles/2013/06/01/opinion/doc51a96ec712c67086021869.txt-http://www.morningjournal.com/articles/2013/06/01/opinion/doc51a96ec712c67086021869.txt, dml)

So why repeal the Authorization for Use of Military Force (AUMF), the September
AND
But these policies could be revoked with the stroke of a presidential pen.

AQ dead—affiliates are hype and not a threat

Zachary Keck, associate editor of The Diplomat, 3/17/14, Al Qaeda’s Brand is Dead, nationalinterest.org/print/commentary/al-qaedas-brand-dead-10059

As Al Qaeda’s operational capability has withered, ~3~some observers have sought ~3~ to reframe the terrorism threat to the U.S. and the West in terms of Al Qaeda’s ideological appeal. According to this perspective, Al Qaeda continues to be a potent threat to the United States and the Western world because its ideology is spreading across the Arab world, and inspiring new groups that will attack the West.
Framing the threat in this way has the advantage of ensuring the Global War on Terror’s longevity. Indeed, by this measurement the U.S. is still embroiled in WWII given that neo-Nazi groups continue to exist, and sometimes carry out terrorist attacks in the West.
But the larger problem with the argument that Al Qaeda’s ideology is spreading is that it is completely inaccurate. The "Al Qaeda brand" was never as popular in the Arab world as it was portrayed in the West, and far from growing, its popularity has been rapidly declining in recent years. In fact, there are signs that Al Qaeda itself no longer believes in it.
Much of the confusion about Al Qaeda’s popularity is rooted in the Western tendency to
AND
Al Qaeda such a threat to the United States and its Western allies.
Islamic-inspired terrorism long predated the formation of Al Qaeda. It was, for instance, a constant reality in the Arab world during the Cold War thanks to the many groups that were inspired by the writings of Sayyid Qutb. These groups sought to be vanguard movements that used terrorism and leadership assassinations to overthrow Arab regimes ~the "near enemy"~ that they viewed as insufficiently Islamic.
Al Qaeda was an entirely different story, as a few astute individuals in the U.S. national security establishment realized during the 1990s. Al Qaeda had a very precise ideology, which was seen as a competitor to the ideology espoused by the domestic jihadists.
Like the domestic jihadists, Al Qaeda’s ultimate goal was to topple local regimes and
AND
S. to stop supporting these local regimes could the latter be overthrown.
Ayman al-Zawahiri, the current leader of Al Qaeda, explained this ideological argument nicely in his ~4~famous 2005 letter to ~4~Al Qaeda ~5~ in Iraq’s leader ~4~, Abu Musab al-Zarqawi. In the letter, al-Zawahiri wrote:
"It is my humble opinion that the Jihad in Iraq requires several incremental goals:
The first stage: Expel the Americans from Iraq.
The second stage: Establish an Islamic authority or emirate ~in Iraq~….
The third stage: Extend the jihad wave to the secular countries neighboring Iraq."
Al Qaeda’s ideology was also evident in the way it operated before 9/11
AND
, where the government at least supports its allies, the Afghan Taliban.
None of the so-called Al Qaeda franchises have replicated this model. Only Al Qaeda in the Arabian Peninsula (AQAP) in Yemen has shown any real commitment to attacking the U.S. or other Western homelands. Even so, this commitment has been extremely limited, particularly when compared with AQAP’s commitment to fighting the Yemeni government.
For the most part, the attacks in the U.S. that are
AND
, which urged Muslims living in Western countries to orchestrate their own attacks.
One of the exceptions to this model is Umar Farouk Abdulmutallab, the Nigerian who
AND
attack came from Abdulmutallab, who contacted the group on his own initiative.
Another exception to AQAP’s usual model came in 2010, when the group attempted to ship two cargo bombs to Chicago. Tipped off by Saudi intelligence, the packages were discovered before the bombs exploded. Unlike the previous attacks, the initial impetus to launch this attack didn’t come from outside the group. Still, the amount of resources AQAP devoted to the attack were minimal, a fact that the group publicly bragged about.
While these events demonstrate that AQAP does pose some threat to the U.S
AND
near enemy, and only casually interested in attacks on the far enemy.
All the other Al Qaeda affiliates have focused exclusively on trying to overthrow local regimes
AND
attacks there given the ease with which they could gain entry into America.
Yet there is no evidence al-Shabaab has decided to use a single one
AND
-Shabaab will prevail in its effort to seize control of the country.
The actions of Al Qaeda in Iraq (AQI) are also telling. The
AND
where it once again is battling a near enemy rather than the West.
More recently, even Al Qaeda Central has seemingly abandoned its own ideology, as
AND
enemy or different far enemies suggest that even it is amending its ideology.
Symbolic of the ~7~ lack of support for Al Qaeda’s mission is the fact that newer Islamist groups with supposed Al Qaeda links haven’t adopted the Al Qaeda name. Even groups that formerly took the Al Qaeda name, such as AQAP and AQI (long before being disavowed by Al Qaeda Central), have dropped Al Qaeda from their names.
Instead of Al Qaeda’s ideology spreading, then, what we are seeing is Islamist groups revert back to the domestic-jihad model that was prevalent in the Cold War but had lost steam in the 1990s. Al Qaeda had always considered itself an ideological competitor to these domestic jihadists. Increasingly, it is becoming one of them.
None of this should be surprising for at least two reasons. First, the
AND
to attack the U.S. homeland since the Arab Spring began.
The other reason it is not surprising that Al Qaeda has increasingly adopted the domestic
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on what was always his true ambition in life, overthrowing local regimes.

surrender leads to unmitigated attacks

Stimson, 13 – Charles, Manager, National Security Law Program and Senior Legal Fellow at Heritage ("Law of Armed Conflict and the Use of Military Force," Testimony Before Armed Services Committee United States Senate, 5/16/13, http://www.heritage.org/research/testimony/2013/05/the-law-of-armed-conflict Red)

The AUMF, by its own language, does not have an expiration date,
AND
be defeated or become so insignificant as to not warrant this particular AUMF.

Terrorists won’t use WMD

Forest 12 (James, PhD and Director of Terrorism Studies and an associate professor at the United States Military Academy, "Framework for Analyzing the Future Threat of WMD Terrorism," Journal of Strategic Security, Volume 5, Number 4, Article 9, Winter 2012, http://scholarcommons.usf.edu/cgi/viewcontent.cgi?article=119326context=jss-http://scholarcommons.usf.edu/cgi/viewcontent.cgi?article=119326context=jss) NOTE—-CBRN weapon = chemical, biological, radiological or nuclear weapon

The terrorist group would additionally need to consider whether a WMD attack would be counterproductive
AND
, or the Chechen’s deliberations about attacking Russia, with such a weapon.

Tournament: NDT | Round: 2 | Opponent: James Madison BU | Judge: James Herndon, Allison Harper, Jacob Thompson

1nc

1nc topicality

The aff’s not topical – authority pertains to the physical ACT of detention

GLAZIER 06 Associate Professor at Loyola Law School in Los Angeles, California ~David Glazier, ARTICLE: FULL AND FAIR BY WHAT MEASURE?: IDENTIFYING THE INTERNATIONAL LAW REGULATING MILITARY COMMISSION PROCEDURE, Boston University International Law Journal, Spring, 2006, 24 B.U. Int’l L.J. 55~

President Bush’s decision to consider the terrorist attacks of September 11, 2001, as
AND
over only those offenses defined in U.S. criminal statutes. n3

Restriction is a prohibition on an ACTION – the aff must prohibit indefinite detention

Northglenn 11 (City of Northglenn Zoning Ordinance, "Rules of Construction – Definitions", http://www.northglenn.org/municode/ch11/content_11-5.html)

Section 11-5-3. Restrictions. As used in this Chapter 11 of the Municipal Code, the term "restriction" shall mean a prohibitive regulation. Any use, activity, operation, building, structure or thing which is the subject of a restriction is prohibited, and no such use, activity, operation, building, structure or thing shall be authorized by any permit or license.

Violation:

First, the plan pertains to civilian trials, which isn’t a prohibition - extra topicality is an independent voting issue – artificially inflates aff ground and forces us to read counterplans to get back to square one.

Second, the release portion is based on immigration authority which is preclusive power of the Executive or it proves they don’t solve – vote neg on presumption

Chow 11 (Samuel, JD Benjamin N. Cardozo School of Law, "THE KIYEMBA PARADOX: CREATING A JUDICIAL FRAMEWORK TO ERADICATE INDEFINITE, UNLAWFUL EXECUTIVE DETENTIONS", 19 Cardozo J. Int’l 26 Comp. L. 775 2011)
The facts that legitimized the Court’s holding in Munaf are substantially different from the facts
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Uighurs were forced to remain, indefinitely, as prisoners at Guantanamo Bay.

Vote neg for limits – It’s also not an authority of the president which explodes limits – they can talk about anything related to the 4 topic areas which makes research impossible.

1nc politics da

Patent reform will pass, but PC’s key and it’s a fight

Meyers, 3/5/14 (Jessica, "Lawmakers: Patent reform will advance" Politico, http://www.politico.com/story/2014/03/patent-reform-104278.html)

Two lawmakers immersed in patent reform efforts suggested Wednesday that the president could see a bill on his desk in coming months.
"It’s a pretty good bet you could see something on this, this year
AND
election year. That timing, Berman said, "concerns me greatly."

====Plan kills capital====
Loomis 7 Dr. Andrew J. Loomis is a Visiting Fellow at the Center for a New American Security, and Department of Government at Georgetown University, "Leveraging legitimacy in the crafting of U.S. foreign policy", March 2, 2007, pg 36-37, http://citation.allacademic.com//meta/p_mla_apa_research_citation/1/7/9/4/8/pages179487/p179487-36.php

Declining political authority encourages defection. American political analyst Norman Ornstein writes of the domestic
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affects the character of U.S. policy, foreign and domestic. 

That closes the window and alienates Dems

Wild, 14 (2/23, Joff, "Concerns in Senate and approaching election could stymie patent litigation reform moves" Intellectual Asset Management Magazine, http://www.iam-magazine.com/Blog/Detail.aspx?g=0fe92d4e-915d-4f15-925e-60b452f2e093)

The window of opportunity for the passing of a federal patent litigation reform law in
AND
soon, that is going to become everyone’s primary focus on Capitol Hill.

The impact is clean tech and innovation

Gerschel-Clarke, 13 – independent design strategist specialising in the societal aspects of design and a contributing writer at Sustainable Brands (Adam, The Guardian, "Are patent trolls strangling sustainable innovation?" 11/14, http://www.theguardian.com/sustainable-business/patent-trolls-sustainable-innovation)

Disputes over intellectual property have risen dramatically over the last few years and, despite
AND
technologies by limiting the breadth of patents and regulating licences on basic technologies.

Extinction

Klarevas 9 – Professor of Global Affairs
Louis, Professor at the Center for Global Affairs – New York University, "Securing American Primacy While Tackling Climate Change: Toward a National Strategy of Greengemony", Huffington Post, 12-15, http://www.huffingtonpost.com/louis-klarevas/securing-american-primacy_b_393223.html

By not addressing climate change more aggressively and creatively, the United States is squandering
AND
means of leverage that can be employed to keep potential foes in check.

1nc counterplan

COUNTERPLAN: The President of the United States should issue an Executive Order committing the executive branch to Solicitor General Representation and advance consultation with the Office of Legal Counsel over decisions regarding indefinitely detained persons.

The Department of Justice officials involved should counsel against indefinite detention without civilian trial and call for a mandate that mandate persons detained indefinitely receive either civilian trials or be released.

The Executive Order should also require written publication of Office of Legal Counsel opinions.

The CP is binding and solves the whole aff

Graham Dodds, Ph.D., Concordia professor of political science, 2013, Take Up Your Pen: Unilateral Presidential Directives in American Politics, p. 10
If executive orders, proclamations, memoranda, and other unilateral presidential directives merely expressed
AND
with by Congress, courts, or by a future unilateral presidential directive. 

Executive pre-commitment to DOJ advice key

Pillard 2005 – JD from Harvard, Faculty Director of Supreme Court Institute at Georgetown University Law Center, former Deputy Assistant Attorney General in the DOJ (February, Cornelia T., Michigan Law Review, 103.4, "The Unfulfilled Promise of the Constitution in Executive Hands", 103 Mich. L. Rev. 676-758, http://scholarship.law.georgetown.edu/facpub/189/)

V. ENABLING EXECUTIVE CONSTITUTIONALISM
The courts indisputably do not and cannot fully assure our enjoyment of our constitutional rights, and it is equally clear that the federal executive has an independent constitutional duty to fulfill the Constitution’s promise. Executive constitutionalism seems ripe with promise. Yet, it is striking how limited and court-centered the executive’s normative and institutional approaches to constitutional questions remain.
One conceivable way to avoid the pitfalls of court-centric executive lawyering on one
AND
administration likely would be less amenable to guidance from such unaccountable lawyers.208
The challenge, rather, is to draw forth from the executive a constitutional consciousness
AND
not worked-out proposals, but are meant to be merely suggestive.
A. Correcting the Bias Against Constitutional Constraint
As we have seen, the SG’s and OLC’s default interpretive approach to individual rights and other forms of constitutional constraints on government is to follow what clear judicial precedents there are and, where precedents are not squarely to the contrary, to favor interpretations that minimize constitutional rights or other constitutional obligations on federal actors. Those court-centered and narrowly self-serving executive traditions produce a systematic skew against individual rights.

1. Encourage Express Presidential Articulation of Commitment to Constitutional Rights
   To the extent that a president articulates his own rights-protective constitutional vision with
   AND
   , even if it requires extra executive effort or restraint to do so.
   If presented in a concrete setting with a choice between interpreting and applying the Constitution
   AND
   constitutional rights is part of the executive’s interest, not counter to it.

President is the sole organ of communication in foreign affaris—sends the clearest signal possible

Nzelibe 6 (Jide, Assistant Professor of Law – Northwestern University Law School, "Positive Theory of the War-Powers Constitution," Iowa Law Review, March, 91 Iowa L. Rev. 993, Lexis)

The notion that the President is the sole organ of communication in foreign affairs is
AND
of foreign communications influences his ability to shape the national-security agenda.
One can view the President’s role in an international crisis as that of an agent
AND
to the existence and nature of an international crisis from the President’s statements.
The President’s agenda-setting power gives him the unique ability to shape domestic-
AND
the President free rein to tackle the foreign menace as he sees fit. 

Solves public engagement

Pillard, 5 – professor of law at Georgetown (Cornelia, "Unitariness and Myopia: The Executive Branch, Legal Process, and Torture" 81 Ind. L.J. 1297, lexis)

This article identifies four processes or structures that can contribute towards healthy dissensus. The
AND
any executive action that might be unwise, unlawful, or even corrupt.

1nc icj

The President of the United States should submit its policy on indefinitely detaining persons without release or civilian trial for binding and sole compulsory adjudication by the International Court of Justice. The President should ask that the case take priority.

The Counterplan Solves – ruling against U.S. policy boosts ICJ Cred

MURPHY ’9 (Sean D.; Patricia Roberts Harris Research Professor of Law – George Washington University, "The United States and the International Court of Justice: Coping with Antinomies," in The Sword and the Scales: The United States and International Courts and Tribunals, edited by Cesare P.R. Romano) ww

The formal means for mediating antimonies have been largely unchanged since the inception of the
AND
other international fora, is ready to expand the reach of its power.
Moreover, it may be that some of the informal means for mediating antimonies have
AND
, to tread heavily unless doing so would be viewed generally as bias.
In its foreign policies, contemporary America appears to be going a different route from
AND
position among most states of the world but seriously alienated the United States.
The antinomies identified in Part A are unlikely to be resolved through the further development
AND
welcome opportunities to speak to the legality of U.S. actions.

ICJ cred solves Southeast Asian territorial disputes and Asian regionalism

STRACHAN ’9 (Anna Louise; Research Intern – Institute of Peace and Conflict Studies, "Resolving Southeast Asian Territorial Disputes: A Role for the ICJ," IPCS Issue Brief No. 133, October, http://www.ipcs.org/pdf_file/issue/IB133-SEARP-AnnaICJ_28Read-Only29.pdf)

Southeast Asia has turned to the International Court of Justice (ICJ) on three
AND
known as Pulau Batu Puteh in Malaysia), Middle Rocks and South Ledge.
This essay will consider these cases in greater detail in an attempt to establish the
AND
of the criticisms of the Court is that in practice politicization does occur.
Southeast Asia is currently embroiled in a number of territorial disputes, the resolution of
AND
relating to the land borders between China and Vietnam and China and Laos.
I ROLE OF THE ICJ: A CRITIQUE
In 2002, sovereignty over both Pulau Ligitan and Pulau Sipadan was awarded to Malaysia
AND
requested to resolve that particular issue by the parties involved in the dispute.
In May 2008, sovereignty over Pedra Branca was awarded to Singapore, Middle Rock
AND
will be delimited. A joint technical committee will be responsible for this.
In both the cases mentioned above, the ICJ has only resolved half the issue
AND
be more effective in resolving territorial disputes than referring cases to the ICJ.
In 2003, Singapore and Malaysia also referred a territorial dispute to the International Tribunal
AND
finally resolved by the signing of the Settlement Agreement on 26 April 2005.
The majority of territorial disputes in Southeast Asia have not been resolved this way, confirming that for the majority of nations in the region, the ICJ and other international courts like the ITLOS remain something of a last resort. Bilateral dispute resolution is more common. Brunei and Malaysia, for example, reached ag reements to resolve a number of territorial disp utes regarding both land and sea boundaries in August 2008.
II UNRESOLVED DISPUTES
The Preah Vihear Temple dispute between Thailand and Cambodia has shown signs of escalation despite a period of calm since the latter half of 2008. On 19 September 2009, a mob raised by the People’s Alliance for Democracy (PAD) clashed with riot police and local villagers who were blocking their way to the temple, on the Cambodian side of the Thai-Cambodian border.
The conflict was initially thought to have been resolved in 1962, when the temple was awarded to Cambodia by the ICJ. However the problem with the 1962 ruling was that much of the territory surrounding the temple remained a part of Thailand. The way in which the territory was divided has arguably facilitated the recent rise in hostilities between the two parties to the dispute.
The territorial dispute over Sabah also remains unresolved. The Philippines claims Sabah on the
AND
that the Philippines’ dormant claim to the territory will eventually be renounced completely.
According to the 2008 issue of the Heidelberg Conflict Barometer, there are outstanding territorial
AND
doubt that a significant number of territorial disputes in Southeast Asia remain unresolved.
One of the reasons behind the plethora of territorial disputes in Southeast Asia relates to
AND
All these initiatives are a step towards eliminating territorial disputes within the region.
III A GREATER ROLE FOR THE ICJ?
The ICJ appears, at first glance, to have great potential for resolving the
AND
more detail when assessing the ICJ’s role in resolving Southeast Asian territorial disputes.
While it is true, that the ICJ has failed in bringing about a lasting resolution to the Preah Vihear Temple dispute, the original ruling took place in 1962. The situation therefore remained stable for a period of over 40 years. Dismissing the ICJ’s role in the resolution of this dispute as a failure is thus overly simplistic.
Questions about the courts partiality have however also been raised. In their assessment of the court’s partiality Posner and de Figueirado conclude that judges vote for their home states 90 per cent of the time. They also find that in cases when their home states are not involved judges vote for states that are similar to their home states in terms of wealth, culture and political regime.
There is also evidence to suggest that judges vote in favour of the strategic partners
AND
point out that the evidence that the Court is biased is not overwhelming.
According to Knight, although the ICJ "has become an important element in peacekeeping
AND
lengthen the time it takes for the court to reach a satisfactory conclusion.
Another criticism of the court is that it should not be necessary for Southeast Asian nations to turn to an international legal body to resolve regional disputes. There is widespread feeling that the Association of Southeast Asian Nations (ASEAN) should be playing a greater role in settling intra- regional disputes. However, ASEAN member states continue to support a poli cy of non-interference.
In 2008, the ASEAN Charter was adopted by all the member states. An
AND
to play a greater role in resolving te rritorial disputes in the region.
IV CONCLUSIONS: TOWARDS REGIONAL INTEGRATION
The ICJ has the potential to play a key role in resolving territorial disputes where
AND
regional role in the resolution of territorial disputes unlikely in the impending future.
If the ICJ is to assume a greater role in resolving the outstanding territorial disputes in Southeast Asia, the Court must gain greater credibility in the eyes of Southeast Asian nations. Faith in the Court’s ability to settle disputes must extend beyond Singapore, Malaysia and Indonesia. Moreover, the ICJ must seek to reaffirm its non-partisan status in order to convince countries that any rulings made by the Court are fair and should be adhered to. 

Extinction

RAJARATNAM ’92 (S. Rajaratnam, Former Deputy Prime Minister of Singapore, studied Law at Kings College (London) www.aseansec.org/13991.htm) 

Should regionalism collapse, then ASEAN too will go the way of earlier regional attempts
AND
ever be unleashed, would be the last war mankind will ever fight.

2nc

A/T: Perm – Do Both

Perm doesn’t solve the net benefit – The result of the perm is the ICJ issuing a ruling that is consistent with U.S. government policy. That means the ICJ doesn’t get a credibility boost from the ruling – that’s the Murphy evidence.

More evidence that a ruling against the U.S. is key –

POSNER ’9 (Eric A.; Kirkland and Ellis Professor of Law – University of Chicago, The Perils of Global Legalism, p. 147) ww

This change in representation alone suggests that the ICJ would subsequently tilt in favor of
AND
" jurisprudence, one based more on the judges’ notions of global fairness.

ICJ will dismiss the case as being moot in the world of the perm—here’s the precedent

BILDER ’6 (Professor of Law at Wisconsin, Spring, Virginia Journal of International Law)

Third, an apology may have legal consequences even apart from the possible effect of
AND
binding legal effect, and on that basis mooted and dismissed the case.

…proceeding domestically while the case is pending before the ICJ is a slap in the face

DAMROSCH ’98 (Board of Editors American Journal of International Law, October 1998, American Journal of International Law) 

For a brief period — from April 3 to April 14, 1998 — the
AND
to preserve the status quo pending an orderly adjudication on the international plane. 

A/T: Perm – Do the CP

Perm severs the entire aff – the cp is neither a statutory nor judicial restriction – we only have the executive submit the harms area of the plan to the ICJ. Severance perms are illegit and voting issue – they make it impossible for the neg to generate stable link ground.

2NC Solvency

The CP solves – our text has the president submit the harms area of the plan to the ICJ for binding compulsory judgment

WEST ’8 (West’s encyclopedia of law, "International Court of Justice," 2nd edition)

Many states have accepted the court’s jurisdiction under the Optional Clause. A few states
AND
only to resort to enforcement measures but also to support the original judgment.

…and our Murphy evidence indicates that the counterplan has the power to force U.S. courts to engage in further judicial review. That means we spillover to solve the case.

Schneier

They’re wrong about predictions and voting for them makes it worse

Fitzsimmons, 7 – Ph.D. in international security policy from the University of Maryland, Adjunct Professor of Public Policy, analyst in the Strategy, Forces, and Resources Division at the Institute for Defense Analyses (Michael, "The Problem of Uncertainty in Strategic Planning", Survival, Winter 06/07)

In defence of prediction Uncertainty is not a new phenomenon for strategists. Clausewitz knew
AND
reinvigorate their efforts in the messy but indispensable business of predicting the future. 

Worst case scenarios in this setting are valuable

Lee Clarke 6, Ph.D., Associate Professor of Sociology at Rutgers University, Worst Cases: Terror and Catastrophe in the Popular Imagination, 2006, p. ix-xi

People are worried, now, about terror and catastrophe in ways that a short
AND
sociologist, but I wrote Worst Cases so that nonsociologists can read it.

Scenario planning is good, even with uncertainty—the 1nc isn’t a research paper so you can always reject false claims

Wimbush, 8 – director of the Center for Future Security Strategies (S. Enders, senior fellow at the Hudson Institute and the author of several books and policy articles, "A Parable: The U.S.-ROK Security Relationship Breaks Down", Asia Policy, Number 5 (January 2008), 7-24)

What if the U.S.-ROK security relationship were to break down?
AND
with luck avoiding having to say: "I never thought about that."

Yes Asia War

Risk is high

Hallinan 12 (Conn Hallinan, Columnist at FPIF, 5/23/2012, "Asia’s Mad Arms Race", www.fpif.org/articles/asias_mad_arms_race)

Asia is currently in the middle of an unprecedented arms race that is not only
AND
"—read the United States and NATO—from meddling in the region.

Most likely nuke war
Dibb 2001 – head of the Strategic and Defense Studies Centre in the Research School of Pacific and Asian Studies for The Australian National University, former Deputy Secretary for Strategic Policy and Intelligence in the Australian Department of Defense and director of the Joint Intelligence Organisation (Paul, Naval War College Review, "Strategic trends: Asia at a crossroads", 54:1, ProQuest, WEA)

The areas of maximum danger and instability in the world today are in Asia,
AND
Asia also has more nuclear powers than any other region of the world.
Asia’s security is at a crossroads: the region could go in the direction of
AND
Regional Forum have shown themselves to be ineffective when confronted with major crises.

Goes nuclear

Campbell et al 8 (Kurt M, Assistant Secretary of State for East Asian and Pacific Affairs, Dr. Campbell served in several capacities in government, including as Deputy Assistant Secretary of Defense for Asia and the Pacific, Director on theNational Security Council Staff, previously the Chief Executive Officer and co-founder of the Center for a New American Security (CNAS), served as Director of the Aspen Strategy Group and the Chairman of the Editorial Board of the Washington Quarterly, and was the founder and Principal of StratAsia, a strategic advisory company focused on Asia, rior to co-founding CNAS, he served as Senior Vice President, Director of the International Security Program, and the Henry A. Kissinger Chair in National Security Policy at the Center for Strategic and International Studies, doctorate in International Relation Theory from Oxford, former associate professor of public policy and international relations at the John F. Kennedy School of Government and Assistant Director of the Center for Science and International Affairs at Harvard University, member of Council on Foreign Relations and  International Institute for Strategic Studies, "The Power of Balance: America in iAsia" June 2008, http://www.cnas.org/files/documents/publications/CampbellPatelSingh_iAsia_June08.pdf)

Asian investment is also at record levels. Asian countries lead the world with unprecedented
AND
are all magnified by the risk of miscalculation or poor decision-making.

Asia war goes nuclear—tons of escalation factors
Cimbala 8 – PolSci Professor at UPenn (Stephen, March, "Anticipatory Attacks: Nuclear Crisis Stability in Future Asia" Comparative Strategy, Vol 27 No 2, p 113-132, InformaWorld)

If the possibility existed of a mistaken preemption during and immediately after the Cold War
AND
could overturn these expectations for the obsolescence or marginalization of major interstate warfare.

Goes nuclear

Chakraborty 10
(United Service Institution of India"The Initiation 26 Outlook of ASEAN Defence Ministers Meeting (ADMM) Plus Eight," pg online @ http://www.usiofindia.org/Article/?pub=Strategic20Perspective26pubno=2026ano=739)

The first ASEAN Defence Ministers Meeting Plus Eight (China, India, Japan,
AND
a major conflict which has the possibility of turning into a nuclear conflict..

other stuff

Failure to engage in comparative institutional analysis means vote neg on presumption – they make change less likely to occur

Heminway, 05  (Joan, professor of law at the University of Tennessee, 10 Fordham J. Corp. 26 Fin. L. 225, lexis)
This article offers a model for comparative institutional choice specifically for use in the context
AND
, to improve the ability of those who struggle with these decisions. 581

Goal focus alone isn’t enough

Ku and Yoo, 04  (Julian and John, professor of law at Hofstra University and professor of law at Berkeley, 2004 Sup. Ct. Rev. 153, lexis)

2. Executive branch competence and comparative institutional advantage.  ~*190~  To complete
AND
the judiciary and the institution most likely to replace it: the executive.

Seriously none of their stuff assumes the CP—even deontologists agree that it’s a bad idea to choose an inefficient method

Finnish, 1980
John Finnis, deontologist, teaches jurisprudence and constitutional Law. He has been Professor of Law 26 Legal Philosophy since 1989,1980, Natural Law and Natural Rights, pg. 111-2
The sixth requirement has obvious connections with the fifth, but introduces a new range
AND
or society to seek o maximize the satisfaction of those preferences or wants. 

Our claim is that nobodys perspective has a monopoly on reality—if anything, that’s counter-privilege

Parrish ’11 Jesse, student commenter on Victor Reppert’s blog Dangerous Idea, devoted to exploring biases in argumentation, August http://dangerousidea.blogspot.com/2011/08/sltf.html

I think that whenever we are looking to calibrate the effect of evidence on probability
AND
special privileges - epistemic entitlements, if you prefer - over knowledgeable peers.

1nr

AT: Structural Violence

Most of the util stuff was in the 2nc, but their invocation of the idea of structural violence doesn’t have predictive power and isn’t capable of solving

Boulding 1977 – Kenneth, Prof Univ. of Michigan and UC Boulder,  Journal of Peace Research; 14; 75 p.  Boulding p. 83-4

Finally, we come to the great Galtung metaphors of ’structural violence’ and ’positive peace’
AND
it may have done a disservice in preventing us from finding the answer.

AT: Coal Thumpers

It’s top of the docket – 1nc Meyers says it will be marked up mid-April – and it’s actually likely to be taken up next week

Schatz, 3/23/14 (Amy, "Tech Firms and Universities Spar Over Patent Troll Bill" re/code, http://recode.net/2014/03/23/tech-firms-and-universities-spar-over-patent-troll-bill/)

Last year, House lawmakers overwhelming passed the Innovation Act, a patent troll-focused bill which was approved on a 325 to 91 vote. That legislation adopted rules on fee shifting, despite last-minute lobbying by universities, biotech companies and other patent holders to kill that language. The White House weighed in with support, although administration officials have suggested changes to different provisions, such as demand letters.
Not surprisingly, the House legislation was opposed by patent aggregators such as Intellectual Ventures, which complained that the legislation "would make it much harder for inventors — especially individual inventors and small businesses — to defend against big corporate infringers."
Now the fight has shifted to the Senate where lawmakers are expected next week to consider a different bill  drafted by Senate Judiciary Committee Chairman Patrick Leahy’s staff. That bill is expected to look different now, since staffers have been shifting through new provisions lifted from other proposals offered by various senators in search of a compromise.

Recent evidence proves sustained leadership solves

Kravets, 3/20/14 – WIRED senior staff writer (David, "History Will Remember Obama as the Great Slayer of Patent Trolls" Wired, http://www.wired.com/threatlevel/2014/03/obama-legacy-patent-trolls/)

But Obama will leave another gift to posterity, one not so obvious, one
AND
back to the House for final approval before landing on the president’s desk.

AT: No Link

The plan expends capital on a separate war powers issue – it’s immediate and forces a trade-off in prioritization

O’Neil 7 (David – Adjunct Associate Professor of Law, Fordham Law School, "The Political Safeguards of Executive Privilege", 2007, 60 Vand. L. Rev. 1079, lexis)

a. Conscious Pursuit of Institutional Prerogatives The first such assumption is belied both by
AND
Shane observes, non-judicial resolution "becomes vastly more difficult." n187

AT: Reform fails/too weak

A final bill is emerging – even if all details aren’t settled, it will be similar to the House Act and will definitely include fee-shifting

WWID, 3/6/14 – Warren’s Washington Internet Daily ("Prospects Good for Patent Litigation Bill to Pass Congress by End of 2014, Pro-Revamp Lawmakers Say," factiva)

Legislation that seeks to curb patent litigation abuse has a good chance of passing both
AND
patent litigation revamp measure, but the two bills are not completely similar.
Senate Judiciary could mark up S-1720 before Congress begins its mid-April
AND
work to collect stakeholders’ input on the bill (WID Feb 12 p4).
Senate Judiciary is hoping to incorporate language from other patent litigation bills into a bipartisan
AND
has been in effect for a longer period "before we expand it."

Fee-shifting is the internal link to patent trolls

Shapiro, 3/26/14 - president and CEO of the Consumer Electronics Association
 (Gary, "Senate should finish off the patent trolls" The Hill, http://thehill.com/blogs/congress-blog/technology/201701-senate-should-finish-off-the-patent-trolls)

Fixing the problem requires changing the economic incentives and imposing a penalty on the trolls for their so-called "business model." To truly free innovators and spark our economy, the system should follow the model of other countries and put the burden of frivolous lawsuits squarely on the shoulders of the trolls.
That is why any Senate patent troll fix must include a fee shifting provision similar
AND
important since the trolls overwhelmingly lose when their weak patents are actually litigated.

AT: No link

Obama fights the plan – strongly supports war powers

Rana 11 (Aziz – Assistant Professor of Law, Cornell Law School, "TEN QUESTIONS: RESPONSES TO THE TEN QUESTIONS", 2011, 37 Wm. Mitchell L. Rev. 5099, lexis)

Thus, for many legal critics of executive power, the election of Barack Obama
AND
war powers and to promote the centrality of state secrecy to national security.

even if the executive wants the plan – it’s about who decides, not the decision itself

Posner and Vermeule, 10 - *professor of law at the University of Chicago AND professor of law at Harvard (Eric and Adrian, The Executive Unbound, p. 75-77)

Showdowns occur when the location of constitutional authority for making an important policy decision is
AND
resolving the question of authority. We focus on this case for now.

The President has institutional incentives to resist encroachments on authority even if he agrees with the policy

Posner and Vermeule, 8 - *professor of law at the University of Chicago AND professor of law at Harvard (Eric and Adrian, "Constitutional Showdowns" 156 U. Pa. L. Rev. 991, lexis)

In many historical cases, Congress and the President agree about the policy outcome but
AND
to testify even when testimony would be in his short-term interest.

AT: neocleous

First, doesn’t deny our economic predictions – defer to our predictions based on the specifics of the patent – their totalizing rejection proves our second argument which his that Neocleous’ approach is ahistorical and wrong

Dayan 09 (Hilla, Phd Candidate @ New School for Social Research, "Critique of Security (review)," Canadian Journal of Law and Society, http://muse.jhu.edu.proxy2.library.uiuc.edu/journals/canadian_journal_of_law_and_society/v024/24.2.dayan.html)
The book’s main grievance is that the fetish of security—very broadly defined to
AND
stretched to put capitalism back on track, whose security is really protected?

Three, security rhetoric empirically causes a focus on practical solutions like the paten reform bill – getting rid of this rhetoric doesn’t solve
Robert Wuthnow 10, Gerhard Andlinger Prof of Sociology at Princeton, PhD in Sociology from Cal Berkeley, "Be Very Afraid: The Cultural Response to Terror, Pandemics, Environmental Devastation, Nuclear Annihilation, and Other Threats," p. 21, google books
The notable feature of the perilous times that humanity has faced over the past half
AND
panic, more soul searching, and more enervating fear did not ensue.

Tournament: NDT | Round: 2 | Opponent: James Madison BU | Judge: James Herndon, Allison Harper, Jacob Thompson

Case

The aff just results in court ordered psychiatric treatment – turns the case

Reuters, 13 ~Actress Amanda Bynes leaves facility after psychiatric treatment, http://www.reuters.com/article/2013/12/05/us-amandabynes-idUSBRE9B410Y20131205~~
(Reuters) - Troubled former teenage star Amanda Bynes has left a California facility
AND
longer in a facility, her outpatient treatment is continuing," he added.

Obama circumvents the plan – he’ll use creative lawyering to IGNORE court-ordered release

Hafetz 13 (Jonathan, Law Professor – Seton Hall University School of Law, "Outrage Fatigue: The Danger of Getting Used to Gitmo," World Politics Review, http://www.worldpoliticsreview.com/articles/13311/outrage-fatigue-the-danger-of-getting-used-to-gitmo)

The congressional transfer restrictions have, to be sure, made it more difficult to close Guantanamo. But it would be a mistake simply to blame Congress for the political logjam. Obama not only repeatedly signed the annual military appropriations bills that created the transfer restrictions, despite periodic veto threats, but he also retains considerable latitude to operate notwithstanding the restrictions.
In addition to barring detainee transfers to the United States, Congress previously prohibited the
AND
that the transfer is in the national security interests of the United States.
While the current certification requirement undoubtedly complicates the transfer process, it still gives Obama latitude to maneuver. As Carl Levin, chairman of the Senate Armed Services Committee, noted, the modified certification requirement affords "a clear route for the transfer of detainees to third countries."
Additionally, the NDAA exempts detainees transferred by a court order from the certification requirement
AND
and that case involved a prisoner suffering from significant mental and physical illness.
The Obama administration has shown no shortage of creative lawyering in justifying U.S
AND
the urgency tends to dissipate once the public pressure and media attention fades.

We’re not the view from nowhere—the dichotomy they’re drawing makes them equally suspect—because it claims a privileged insight on reality

DISCH ’93 (Lisa J.; Professor of Political Theory – University of Minnesota, "More Truth Than Fact: Storytelling as Critical Understanding in the Writings of Hannah Arendt," Political Theory 21:4, November)

What Hannah Arendt called "my old fashioned storytelling"7 is at once the
AND
facts but to tell provocative stories that invite contestation form rival perspectives.15

Death outweighs –ontologically destroys the subject and prevents any alternative way of knowing the world

Paterson, 03 – Department of Philosophy, Providence College, Rhode Island (Craig, "A Life Not Worth Living?", Studies in Christian Ethics, http://sce.sagepub.com)
Contrary to those accounts, I would argue that it is death per se that
AND
the person, the very source and condition of all human possibility.82 

Body counts key—prefer consequentialism

Greene 2010 – Associate Professor of the Social Sciences Department of Psychology Harvard University (Joshua, Moral Psychology: Historical and Contemporary Readings, "The Secret Joke of Kant’s Soul", www.fed.cuhk.edu.hk/~lchang/material/Evolutionary/Developmental/Greene-KantSoul.pdf, WEA)

What turn-of-the-millennium science is telling us is that human
AND
doesn’t. Instead, what that person probably has is a moral rationalization.
It seems then, that we have somehow crossed the infamous "is"-"ought
AND
best explained as a rationalization of evolved emotional intuition (Harman, 1977).
Missing the Deontological Point
I suspect that rationalist deontologists will remain unmoved by the
AND
religion, they don’t really explain what’s distinctive about the philosophy in question.

The 1acs attempts to fold disability into the norm means you should reject it—don’t normalize

Bayliss 09. Phil Bayliss, professor of education studies at Exeter University, Against Interpretosis: Deleuze, Disability, and Difference Journal of Literary 26 Cultural Disability Studies, Volume 3, Number 3, 2009, pg. 282-3
In Narrative Prosthesis, Mitchell and Snyder argue that a theoretical position underpinning their thesis
AND
transmittable, modifiable...) they may take the form of a majoritarian theory.

Anything else would PREVENT the community from being performatively recreated as a distinct singularity at all times and instead would write identity onto such bodies PRIOR to their performance

Bayliss 09. Phil Bayliss, professor of education studies at Exeter University, Against Interpretosis: Deleuze, Disability, and Difference Journal of Literary 26 Cultural Disability Studies, Volume 3, Number 3, 2009, pg. 289
*gender modified, but really only for clarity’s sake

If we challenge the arborescent and deterritorialize and reterritorialize on poetic networks these are predicated
AND
the individual and the principle of being-in-the-community.
This is a form of totalitarianism. However, sharing in Nancy’s sense, does
AND
that is unstructured rhizomatically. Is the Socius a striated or smooth space?
In Mongolian culture, nomadism (the rhizomatic) is co-terminous and contiguous with sedentary culture: the arborescent (Moses and Halkovic). In Deleuze and Guattari’s writing, nomadism is a metaphor for escape (deterrito- rialization).
Stanley Stewart, in his history of the Mongol Empire and the revision of Chingiss
AND
war machine ensured sharing and maintained a spirit, which overcame the body.
Deleuze and Guattari’s nomadology and the nomadic war machine constitutes the war-band (the outside minorities) through sharing; the immanent projective narratives of minoritarian fictions create and enable the war-band; they bring it in to being, they do not disable it. The war machine rejects the sedentary.
If the sharing can be maintained through epic (oral) poetry and myth, then stories create the war machine, they also create the projective narrative of what it means to share in the community, by performing community.
The minoritarian fictions of community (in Nancy’s sense of the shared com- munity) follow poetics, not interpretosis. The mythic (following Kristeva) offers forms of expression and enunciation, which does not abstract content, and counteracts the imperialism of language.
The use of poetics allows transgressive meanings to be developed by both the self (
AND
and Brian Longhurst demonstrate in Audiences. Such emergence is locational and temporal.
Giles Perring, in writing about performance and people with learning dif- ficulties, argues that:
an objective (of counter-cultural narratives is one) that challenges mainstream cultur- al and aesthetic precepts and views about disability. It often flows from a perception of the value of transgressive and nonnormative qualities in learning-disabled people creating a concern for addressing their marginalisation and institutionalisation. (186)
School destroys fictions by replacing them with eternal truths that must be learned—these
AND
of Deleuze and Guattari conjure images of nomads, who occupy smooth space:
Smooth (vectorial, projective, or topological) space and ... striated space:
AND
indef- inite and noncommunicating. (Plateaus 362–363, 380)
Outcomes-based education, the sociology of health, the programmes of the carcereal
AND
, and minds. Nomadic journeys in the landscape need none of these.

Disability studies should embrace the register of impersonal life, no longer dependent on the recognition of an empowered ego possessing disability; rather, using disability to rupture the entire concept of coherent bodies itself

Overboe 09. James Overboe, professor of sociology at Wilfred Laurier University, "Affirming an Impersonal Life: A Different Register for Disability Studies," Journal of Literary 26 Cultural Disability Studies, Volume 3, Number 3, 2009, pg. 241-2

Drawing from the template of feminism, queer politics, and other civil rights movements
AND
formulated, and in doing so retain both self-reflexivity and intent.
In his analysis of "Immanence: A Life..." Giorgio Agamben argues that Deleuze
AND
impersonal life co-exist and affect or may affect the social world.
My purpose here is not to resurrect the sanctity of life versus quality of life
AND
existence. This article makes a case to affirm lives that are alive without

Articulating the disabled body through the standard logic of Cartesian ego eviscerates the ability of the non-neurotypical to participate in the 1AC—their claims to the contrary ONLY fold that difference onto the pre-defined register of "disabled ego"

Overboe 09. James Overboe, professor of sociology at Wilfred Laurier University, "Affirming an Impersonal Life: A Different Register for Disability Studies," Journal of Literary 26 Cultural Disability Studies, Volume 3, Number 3, 2009, pg. 252-4

Can Disability Studies risk cutting through the patchwork of rhetoric and cli- chés that
AND
20), which needs to be affirmed within the discipline of Disability Studies.
This may be difficult because disability scholars and activists have an affinity and commitment to language, communication, and community. Like rehabilitation, underscoring language and communication is the belief in a self with agency and intent. In A Thousand Plateaus, Deleuze and Guattari assert:
No one is supposed to be ignorant of grammaticality; those who are belong in special institutions. The unity of language is fundamentally political. There is no mother tongue, only a power takeover by a dominant language that at times advances along a broad front, and at times swoops down on diverse centers simultaneously. We can conceive of several ways for a language to homogenize ~and~ centralize. (101)
This dominant language or pattern of communication is in itself a strategic site of normality
AND
language or communication style associated with being a person or individual with agency.
Deleuze writes, "The ultimate aim of literature is to set free, in
AND
are vast and immense if the discipline embraces pure immanence: a life...

Restrictions on war powers are MEANINGLESS

Glennon 14—Professor of International Law, Fletcher School of Law and Diplomacy, Tufts University ~Trumanites="the network of several hundred high-level military, intelligence, diplomatic, and law enforcement officials within the Executive Branch who are responsible for national security policymaking"~
 (Michael, "National Security and Double Government", Harvard National Security Journal / Vol. 5, pg 1-114, dml)

The first set of potential remedies aspires to tone up Madisonian muscles one by one
AND
? What are the responsibilities not of the government but of the people?

Tournament: NDT | Round: 3 | Opponent: Texas FM | Judge: Munoz, Quigley, Vint
1ac
Plan
The United States Federal Government should remove by statute the President’s authority under Title 50 for targeted killing by drones.
Adv 1
Advantage 1: Terrorism
Congress blocked Obama’s transfer of drones to the military —- ensures widespread backlash
Auner, 14 ~1/21/14, Eric, senior analyst at Guardian Six Consulting, "Congress Resists Pentagon Drone Oversight as U.S. and Partners Continue Targeted Killing", http://www.worldpoliticsreview.com/trend-lines/13513/congress-resists-pentagon-drone-oversight-as-u-s-and-partners-continue-targeted-killings~~ 

As U.S. forces draw down in Afghanistan, the United States continues
AND
Mali and the Ugandan government in its fight against the Lord’s Resistance Army.
CIA targeted killing undermines program sustainability – conflicting legal regimes
Burt and Wagner, 12 ~Blurred Lines: An Argument for a More Robust
AND
, or the Department of Defens The Yale Journal of International Law Online~

The principle of "distinction" between civilians and combatants forms the basis for one
AND
program’s continued viability necessitates a stronger grounding in both international and domestic law.
The plan makes targeted killing sustainable and effective—fosters legal clarity and perception of oversight
Waxman, 13 ~3/20, Matthew, law professor at Columbia Law School, co-chair, Roger Hertog Program on Law and National Security, Adjunct Senior Fellow for Law and Foreign Policy at the Council on Foreign Relations, member of the Hoover Institution Task Force on National Security and Law, "Going Clear," Foreign Policy, http://www.foreignpolicy.com/articles/2013/03/20/going_clear?wp_login_redirect=0~~

According to Daniel Klaidman at the Daily Beast, "~T~he White House
AND
perhaps more restrained and formalized, long-term policy of targeted killing.
JSOC key to combat terrorism —- the plan’s mode of selective disclosure assuages public fears, while maintaining JSOC’s core competence
Sahadi, 13 ~By: Michael J. Sahadi, Jr., J.D. Ave Maria School of Law Class of 2013KEEPING JSOC A SECRET: The Exposure of Special Warfare and its Adverse Effects on National Security and Defense to the United States, p. internet~ 

It is no secret that the United States uses drones as a military tool.
AND
therefore JSOC should remain a secret. Any exposure is too much exposure.
Program backlash inhibits effective use, even if it doesn’t end it—the aff is key middle ground
Zenko, 13 ~Micah Zenko is the Douglas Dillon fellow in the Center for Preventive Action (CPA) at the Council on Foreign Relations (CFR). Previously, he worked for five years at the Harvard Kennedy School and in Washington, DC, at the Brookings Institution, Congressional Research Service, and State Department’s Office of Policy Planning, Council Special Report No. 65, January 2013, "U.S. Drone Strike Policies", i.cfr.org/content/publications/attachments/Drones_CSR65.pdf?~ 

In his Nobel Peace Prize acceptance speech, President Obama declared: "Where force
AND
if the United States modified its drone policy in the ways suggested below.

Legal backlash concerns create a chilling effect
Goldsmith, 12 ~Jack Goldsmith, Harvard Law School Professor, focus on national security law, presidential power, cybersecurity, and conflict of laws, Former Assistant Attorney General, Office of Legal Counsel, and Special Counsel to the Department of Defense, Hoover Institution Task Force on National Security and Law, March 2012, Power and Constraint, P. 199-201~

For the GTMO Bar and its cousin NGOs and activists, however, the al
AND
deemed to be in the interest of U.S. national security.
Drone use prevents planning and executing terrorist attacks
Johnston 12 (Patrick B. Johnston is an associate political scientist at the RAND Corporation, a nonprofit, nonpartisan research institution. He is the author of "Does Decapitation Work? Assessing the Effectiveness of Leadership Targeting in Counterinsurgency Campaigns," published in International Security (Spring 2012)., 8/22/2012, "Drone Strikes Keep Pressure on al-Qaida", www.rand.org/blog/2012/08/drone-strikes-keep-pressure-on-al-qaida.html)

Should the U.S. continue to strike at al-Qaida’s leadership with
AND
bin Laden did in Afghanistan in 1996, after his ouster from Sudan.
Extinction
Hellman 8 (Martin E. Hellman, emeritus prof of engineering @ Stanford, "Risk Analysis of Nuclear Deterrence" SPRING 2008 THE BENT OF TAU BETA PI, http://www.nuclearrisk.org/paper.pdf)

The threat of nuclear terrorism looms much larger in the public’s mind than the threat
AND
assume that preventing World War III is a necessity—not an option.
Causes US-Russia miscalc—extinction
Barrett et al. 13—PhD in Engineering and Public Policy from Carnegie Mellon
AND
and Nonproliferation Initiatives, Volume 21, Issue 2, Taylor 26 Francis)

War involving significant fractions of the U.S. and Russian nuclear arsenals,
AND
making one or both nations more likely to misinterpret events as attacks. 16
Adv 2
Advantage 2: Norms
A Subpoint —- CIA Fails
Drone jurisdiction shapes global norms—CIA control sets a precedent that collapses accountability and influence
Alston, 11 ~Harvard National Security Journal, 2 Harv. Nat’l Sec. J. 283, "The CIA and Targeted Killings beyond Borders," Philip Alston, John Norton Pomeroy Professor of Law, New York University School of Law, p. lexis~

3. Self-interest: Setting Prudent Precedents for Others Because the United States
AND
United States before long when invoked by other states with highly problematic agendas.
That signal matters—reserving the act for military members demonstrates US compliance
Nauman 12 ~Joshua, JD, LLM, Commander, Judge Advocate General’s Corps, U.S. Navy, "Civilians on the Battlefield: By Using U.S. Civilians in the War on Terror, Is the Pot Calling the Kettle Black?" 91 Neb. L. Rev., google scholar~

Similarly, the prosecution of enemy belligerents by military commission for, among other things
AND
they are on. As a world leader, we owe nothing less.
B Subpoint —- Convergence
Bifurcated drone authority causes functional convergence
Alston, 11 ~Harvard National Security Journal, 2 Harv. Nat’l Sec. J. 283, "The CIA and Targeted Killings beyond Borders," Philip Alston, John Norton Pomeroy Professor of Law, New York University School of Law, p. lexis~

B. Transparency as to Legal Authority and Operational Responsibility: The Old "Double-Hatting" Trick
A degree of transparency in relation to operational responsibility is essential both in terms of
AND
what were once generally considered to be legally mandated hard and fast distinctions.
The convergence trend wrecks accountability by sowing ambiguity about what constraints actually apply to targeted killing
Chesney, 12 ~Charles I. Francis Professor in Law at the University of Texas School of Law (Robert Chesney, "Military-Intelligence Convergence and the Law of the Title 10/Title 50 Debate," http://jnslp.com/wp-content/uploads/2012/01/Military-Intelligence-Convergence-and-the-Law-of-the-Title-10Title-50-Debate.pdf~~

Leon Panetta appeared on PBS Newshour not long after the raid that killed Osama bin
AND
my recommendations for reform within the analysis at each step along the way.
Spills over internationally
Mustin and Rishikof, 11 ~BS, JD, MBA, MA in International Affairs AND BA, MA, JD, Chair of the ABA Standing Committee on Law and National Security, Professor of law and chair of the Department of National Security Strategy at the National War College, Jeff Mustin and Harvey Rishikof, Summer 2011, "Projecting Force in the 21st Century – Legitimacy and the Rule of Law," 63 Rutgers L. Rev. Iss. 4~

V. POLICY IMPLICATIONS If these definitions are accepted as true, the result is
AND
military force without transparency is not the raison d’etre for a covert capability.
It’s reverse causal—JSOC operations retain strategic advantages while satisfying oversight demands—uniquely boosts our influence on drone norms
Zenko, 13 ~POLI CY INNOVATION MEMORANDUM NO. 31 Date: April 16, 2013 From: Micah Zenko Re: Transferring CIA Drone Strikes to the PentagonMicah Zenko is the Douglas Dillon fellow in the Center for Preventive Action at the Council on Foreign Relations~ 

The main obstacle to acknowledging the scope, legality, and oversight of U.
AND
the precedents of greater openness in how such operations are conducted by others.
C Subpoint —— Oversight
Congress key to accountability – solves inflated assertions in a legal vacuum
Schiff, 3/12/14 ~Op-Ed Contributor Let the Military Run Drone Warfare By ADAM B. SCHIFF March 12, 2014, Adam B. Schiff, Democrat of California, is a member of the House Permanent Select Committee on Intelligence.’~

It has been widely reported that the C.I.A. has been
AND
the commitment the president has made, and it’s a promise worth keeping.
Congressional action builds confidence—key to global dialogue and norm development
Kreps and Zenko, 14 ~"The Next Drone Wars Preparing for Proliferation", SARAH KREPS is Stanton Nuclear Security Fellow at the Council on Foreign Relations and Assistant Professor of Government at Cornell University. MICAH ZENKO is Douglas Dillon Fellow in the Center for Preventive Action at the Council on Foreign Relations, Foreign Affairs, http://www.foreignaffairs.com/articles/140746/sarah-kreps-and-micah-zenko/the-next-drone-wars~~

As the only country to have used drones extensively, the United States must take
AND
traditional combat, greater disclosure is the only concession it could realistically offer.
The impact is Asian conflict
Brimley, et al 13 ~*vice president AND director of the Technology and National Security Program *AND deputy director of the Asia Program at the Center for a New American Security (Shawn Brimley, Ben Fitzgerald, and Ely Ratner, 17 September 2013, "The Drone War Comes to Asia," http://www.foreignpolicy.com/articles/2013/09/17/the_drone_war_comes_to_asia?page=0,1~ 

It’s now been a year since Japan’s previously ruling liberal government purchased three of the
AND
political leadership, these technologies could very well lead the region into war.
Incidents escalate—drone crisis triggers US battle plans
Walker, 14 ~1/9/14, Richard, Former NY News Producer, "U.S. Interventionism in Asia Could Spark War With China", https://americanfreepress.net/?p=14557~~ 

A war with China is a real possibility. All it might take is the
AND
. troops and ships home and let Asia sort out its own troubles.
Goes nuclear
Goldstein, 13 – Avery, David M. Knott Professor of Global Politics and International Relations, Director of the Center for the Study of Contemporary China, and Associate Director of the Christopher H. Browne Center for International Politics at the University of Pennsylvania ("First Things First: The Pressing Danger of Crisis Instability in U.S.-China Relations," International Security, vol. 37, no. 4, Spring 2013, Muse Red)

Two concerns have driven much of the debate about international security in the post-
AND
a crisis, compressing the time frame for diplomacy to avert military conflict.
Angels in the outfield
Back to terrorism: It…it could happen
Tobey 14 (William Tobey is a senior fellow at Harvard University’s Belfer Center for Science and International Affairs. Major General Pavel Zolotarev is a retired member of the Russian Armed Forces and deputy director of the Institute for U.S. and Canadian Studies of the Russian Academy of Sciences., 1/13/2014, "The Nuclear Terrorism Threat", belfercenter.ksg.harvard.edu/files/nuclearterrorismthreatthailand2014.pdf)

A joint U.S.-Russian View q? First ever U.S
AND
at risk Insecure nuclear material anywhere is a threat to everyone, everywhere.
2ac
AT: Internal Link Chains 

It is their burden to rejoin our predictions – they are wrong about them and voting for them makes it worse
Fitzsimmons, 7 – Ph.D. in international security policy from the University of Maryland, Adjunct Professor of Public Policy, analyst in the Strategy, Forces, and Resources Division at the Institute for Defense Analyses (Michael, "The Problem of Uncertainty in Strategic Planning", Survival, Winter 06/07)

In defence of prediction Uncertainty is not a new phenomenon for strategists. Clausewitz knew
AND
reinvigorate their efforts in the messy but indispensable business of predicting the future.
AT: Endless Repition
The 1AC’s Risk Analysis isn’t what they criticize —- evidence-based possiblistic thinking is vital to prevent catastrophes without consuming us with fear
Lee Clarke 6, Ph.D., Associate Professor of Sociology at Rutgers University, Worst Cases: Terror and Catastrophe in the Popular Imagination, 2006, p. ix-xi

People are worried, now, about terror and catastrophe in ways that a short
AND
sociologist, but I wrote Worst Cases so that nonsociologists can read it.
Debating risk analysis is key to averting lash out
Langford 3 (Ian, Centre for Social and Economic Research on the Global Environment School of Environmental Sciences University of East Anglia and University College London, AN EXISTENTIAL APPROACH TO RISK PERCEPTION)
The above case studies show that other perspectives on risk perception can be gained by
AND
helplessness and reactions to these states of mind will always win the day.

Even if its low probability it sharpens political science analysis and allows us to test theories
Mahnken and Junio 13 – (2013, Thomas, PhD, Jerome E.
AND
Volume 15, Issue 3, pages 374–395, September 2013)
This article introduces political scientists to scenarios—future counterfactuals—and demonstrates their value
AND
. The conclusion offers two detailed examples of the effective use of scenarios.
In his classic work on scenario analysis, The Art of the Long View,
AND
also are a common tool employed by the policymakers whom political scientists study.
This article seeks to elevate the status of scenarios in political science by demonstrating their
AND
their theories, propose falsifiable hypotheses, and design new empirical research programs.
Scenarios in the Discipline
What do counterfactual narratives about the future look like? Scenarios may range in length
AND
simple scenario regarding how a first use of a nuclear weapon might occur:
During the year 2023, the US military is ordered to launch air and sea
AND
yield nuclear device against a stationary US military asset in the Pacific region.
This short story reflects a future event that, while unlikely to occur and far
AND
to explain how future counterfactuals fit into the methodological canon of the discipline.
AT: Alt – Affect/Pre REquisite

Affective approaches fail to mobilize or change politics
Jeff Pruchnic 8, Wayne State University, "The Invisible Gland: Affect and Political Economy", Volume 50, Number 1, Winter, muse.jhu.edu/journals/criticism/v050/50.1.pruchnic.html
These chapters on affective labor also most explicitly foreground the difficulty of integrating affect into
AND
recognition of the affective dimension of politics to leverage affect for political purposes.
Fear-driven anxiety is vital to affective agency
Susan McManus 11, Lecturer in Political Theory at Queen’s University, "Hope, Fear, and the Politics of Affective Agency", Volume 14, Issue 4, muse.jhu.edu/journals/theory_and_event/v014/14.4.mcmanus.html
Finally, if fear is a predominant affective formation in the political present, how
AND
as that agency works through immanent historical processes that remain open and undetermined.
Engagement with technocracy is more effective than dissensus
Jiménez-Aleixandre 2, professor of education – University of Santiago de Compostela, and Pereiro-Muñoz High School Castelao, Vigo (Spain) (Maria-Pilar and Cristina, "Knowledge producers or knowledge consumers? Argumentation and decision making about environmental management," International Journal of Science Education Vol. 24, No. 11, p. 1171–1190)
If science education and environmental education have as a goal to develop critical thinking and
AND
decision making; for this purpose the acknowledging of multiple expertise is crucial.

Alt fails – risk-based policymaking inevitable
Danzig 11 Richard Danzig, Center for a New American Security Board Chairman, Secretary of the Navy under President Bill Clinton, October 2011, Driving in the Dark Ten Propositions About Prediction and National Security, http://www.cnas.org/files/documents/publications/CNAS_Prediction_Danzig.pdf
The Propensity to Make Predictions – and to Act on the Basis of Predictions –
AND
over-prediction. People are doomed repeatedly to drive beyond their headlights.

AT: Anthro – Link One
First, it assumes the law is a monolith - that’s reductionist and wrong
Wilson 95 James G.  Professor of Law, Cleveland State University. Arizona State Law Journal, Fall, 27 Ariz. St. L.J. 773

Karl Popper maintained that the Left is even more bedeviled by excessive rationalism than the
AND
grand theory, "correct" outcomes, and indifference to legal technique.

Focusing on particular details of the case is good – voting for the negs vague generalizations creates an awful decision-making model
Benedict Smith (Teaching Fellow (Acting Director Philosophy MA) in the Department of Philosophy
Fellow of the Wolfson Research Institute for Health and Wellbeing at the University of Durham) 2006 "Particularism, Perception and Judgement" Academia.edu
In a related way, Dancy seeks to undermine certain ’coercive’ (Dancy 1993
AND
serve to rationally constrain any candidate beliefs or actions in a given circumstance.

AT: Factory Farm
America will be 100 vegan by 2050
LITTLE 3/13/14 (Lindsey; Ecorazzi, "America Could be Vegan by 2050," http://www.ecorazzi.com/2014/03/13/america-could-be-vegan-by-2050/)

The founder and director of Catskill Animal Sanctuary, Kathy Stevens, thinks America could
AND
know one thing, it’s how to make more money. They wouldn’t back

This will be a complete evolution beyond animal exploitation – sadly a nuclear war ends that
Matheny, 7 (J. G. Matheny, Ph. D. candidate, Bloomberg School of Public Health, Johns Hopkins University, December 6, 2007, "Ought we worry about human extinction?," online: http://jgmatheny.org/extinctionethics.htm)
Moral philosophers have not written much about human extinction. This may be because they
AND
, humanity is the animal kingdom’s best long-term hope for survival.

AT: Ontology
Claims this is specieist obfuscate larger issues of injustice
Guha 89 (Ramachandra, Ecologist – Centre for Ecological Sciences, "Radical American Environmentalism and Wilderness Preservation: A Third World Critique," Environmental Ethics, Spring, http://www.eci.ox.ac.uk/~~dliverma/articles/Guha20on20radical20environmentalism.pdf)
Insofar as it has begun to act as a check on man’s arrogance and ecological
AND
bogy of anthropocentricism is at best irrelevant and at worst a dangerous obfuscation.

Humans are at least a bit more important – only we can control and reverse instincts
Linker, 5 (Damon, "Animal Rights: Contemporary Issues (Compilation)," pg. 23-25)
That such arguments have found an audience at this particular cultural moment is not so
AND
equal consideration can only be won by attempting to lower us to theirs.

Death ontologically destroys the subject
Paterson, 03 – Department of Philosophy, Providence College, Rhode Island (Craig, "A Life Not Worth Living?", Studies in Christian Ethics, http://sce.sagepub.com)
Contrary to those accounts, I would argue that it is death per se that
AND
the person, the very source and condition of all human possibility.82 

AT: Alt
Perm solves best—-non-human-centric ethics can be combined with a concern for future generations—-convergence theory proves both are effective routes to valuing nonhumans
Neil Carter 8, Prof of Politics at the University of York, "The Politics of the Environment: Ideas, Activism, Policy," page 35, google books
This observation resonates with the ’convergence thesis’ outlined by Norton (1991).20
AND
supplementary dimension that can contribute to a richer, more informed moral synthesis.
Alt fails —- it’s utopian to expect every human to suddenly embrace animal equality —- prefer pragmatic steps like the plan
Light 2 ~Light, Andrew, Assistant Professor of Environmental Philosophy and Director, Environmental Conservation Education Program, 2002 (Environmental Ethics: What Really Matters What Really Works David Schmidtz and Elizabeth Willott, p. 556-57)~
In recent years a critique of this predominant trend in environmental ethics has emerged from
AND
the public discus¬sion of environmental problems, in terms familiar to the public.

The alternative dooms millions of animals to extinction
Michael Pollan 2, Professor of Journalism at UC-Berkeley, "An Animal’s Place," The New York Times Magazine, 11-10-02, http://michaelpollan.com/articles-archive/an-animals-place/
For any animal, happiness seems to consist in the opportunity to express its creaturely
AND
discomfort not only with our animality, but with the animals’ animality too.

1ar
AT: Linear Predictions Bad
Linear predictions good and complexity theory wrong
DURLAUf, 99 (Steven N.; Professor of Economics – University of Wisconsin-Madison "System Effects: Complexity in Political and Social Life," Emergence: Complexity and Organization, 1.2, April)

Similarly, the presence of positive feedback effects does not logically entail, as is
AND
to contribute much beyond metaphors to certain aspects of social and historical science.
AT: Structural Violence
Can’t solve structural violence – the aff’s strategy is a precursor to meaningfully resolving it and their focus on it, prevents solutions to warfare
Moore 4 – Dir. Center for Security Law @ University of Virginia, 7-time Presidential appointee, 26 Honorary Editor of the American Journal of International Law, Solving the War Puzzle: Beyond the Democratic Peace, John Norton Moore, pages 41-2

If major interstate war is predominantly a product of a synergy between a potential nondemocratic
AND
their solution may be to doom us to war for generations to come.

Based on a psychological tradeoff – wrong
Todd Dufresne 6, Professor of Philosophy and founding Director of The Advanced Institute for Globalization 26 Culture at Lakehead University, Killing Freud, googlebooks
*card modified for ableist language
TD: I tried to make the heterogeneity of opinion about Freuds death drive theory
AND
we must confront the basic facts and rewrite the history of psychoanalysis anew.
AT: Environment
No impact to the environment and no solvency
Holly Doremus 2k Professor of Law at UC Davis, "The Rhetoric and Reality of Nature Protection: Toward a New Discourse," Winter 2000 Washington 26 Lee Law Review 57 Wash 26 Lee L. Rev. 11, lexis
Reluctant to concede such losses, tellers of the ecological horror story highlight how close
AND
material benefits of destructive decisions frequently will exceed their identifiable material costs.  n221
Environmental improvements now – their evidence ignores long term trends
Hayward, 11 ~Steven P, american author, political commentator, and policy scholar. He argues for libertarian and conservative viewpoints in his writings. He writes frequently on the topics of environmentalism, law, economics, and public policy.2011 Almanac of Environmental Trends by Steven F. Hayward April 2011 ISBN-13: 978-1-934276-17-4, http://www.pacificresearch.org/docLib/20110419_almanac2011.pdf~~ 

Quick: What’s the largest public-policy success story in American society over the
AND
A good example is the introduction of coal for heating andenergy in Britain.
Little

I am going to finish Little – it obliterates their cooption claim, the system views vegetarianism  as in its interest
Blue
LITTLE 3/13/14 (Lindsey; Ecorazzi, "America Could be Vegan by 2050," http://www.ecorazzi.com/2014/03/13/america-could-be-vegan-by-2050/)

The founder and director of Catskill Animal Sanctuary, Kathy Stevens, thinks America could
AND
2423 million from from Asia’s richest man, Li Ka-sing, 

and Yahoo co-founder Jerry Yang. If wealthy people know one thing, it’s how to make more money. They wouldn’t back these companies if they didn’t see huge growth potential.

Tournament: NDT | Round: 3 | Opponent: Texas FM | Judge: Munoz, Quigley, Vint
1ac
Plan
The United States Federal Government should remove by statute the President’s authority under Title 50 for targeted killing by drones.
Adv 1
Advantage 1: Terrorism
Congress blocked Obama’s transfer of drones to the military —- ensures widespread backlash
Auner, 14 ~1/21/14, Eric, senior analyst at Guardian Six Consulting, "Congress Resists Pentagon Drone Oversight as U.S. and Partners Continue Targeted Killing", http://www.worldpoliticsreview.com/trend-lines/13513/congress-resists-pentagon-drone-oversight-as-u-s-and-partners-continue-targeted-killings~~ 

As U.S. forces draw down in Afghanistan, the United States continues
AND
Mali and the Ugandan government in its fight against the Lord’s Resistance Army.
CIA targeted killing undermines program sustainability – conflicting legal regimes
Burt and Wagner, 12 ~Blurred Lines: An Argument for a More Robust
AND
, or the Department of Defens The Yale Journal of International Law Online~

The principle of "distinction" between civilians and combatants forms the basis for one
AND
program’s continued viability necessitates a stronger grounding in both international and domestic law.
The plan makes targeted killing sustainable and effective—fosters legal clarity and perception of oversight
Waxman, 13 ~3/20, Matthew, law professor at Columbia Law School, co-chair, Roger Hertog Program on Law and National Security, Adjunct Senior Fellow for Law and Foreign Policy at the Council on Foreign Relations, member of the Hoover Institution Task Force on National Security and Law, "Going Clear," Foreign Policy, http://www.foreignpolicy.com/articles/2013/03/20/going_clear?wp_login_redirect=0~~

According to Daniel Klaidman at the Daily Beast, "~T~he White House
AND
perhaps more restrained and formalized, long-term policy of targeted killing.
JSOC key to combat terrorism —- the plan’s mode of selective disclosure assuages public fears, while maintaining JSOC’s core competence
Sahadi, 13 ~By: Michael J. Sahadi, Jr., J.D. Ave Maria School of Law Class of 2013KEEPING JSOC A SECRET: The Exposure of Special Warfare and its Adverse Effects on National Security and Defense to the United States, p. internet~ 

It is no secret that the United States uses drones as a military tool.
AND
therefore JSOC should remain a secret. Any exposure is too much exposure.
Program backlash inhibits effective use, even if it doesn’t end it—the aff is key middle ground
Zenko, 13 ~Micah Zenko is the Douglas Dillon fellow in the Center for Preventive Action (CPA) at the Council on Foreign Relations (CFR). Previously, he worked for five years at the Harvard Kennedy School and in Washington, DC, at the Brookings Institution, Congressional Research Service, and State Department’s Office of Policy Planning, Council Special Report No. 65, January 2013, "U.S. Drone Strike Policies", i.cfr.org/content/publications/attachments/Drones_CSR65.pdf?~ 

In his Nobel Peace Prize acceptance speech, President Obama declared: "Where force
AND
if the United States modified its drone policy in the ways suggested below.

Legal backlash concerns create a chilling effect
Goldsmith, 12 ~Jack Goldsmith, Harvard Law School Professor, focus on national security law, presidential power, cybersecurity, and conflict of laws, Former Assistant Attorney General, Office of Legal Counsel, and Special Counsel to the Department of Defense, Hoover Institution Task Force on National Security and Law, March 2012, Power and Constraint, P. 199-201~

For the GTMO Bar and its cousin NGOs and activists, however, the al
AND
deemed to be in the interest of U.S. national security.
Drone use prevents planning and executing terrorist attacks
Johnston 12 (Patrick B. Johnston is an associate political scientist at the RAND Corporation, a nonprofit, nonpartisan research institution. He is the author of "Does Decapitation Work? Assessing the Effectiveness of Leadership Targeting in Counterinsurgency Campaigns," published in International Security (Spring 2012)., 8/22/2012, "Drone Strikes Keep Pressure on al-Qaida", www.rand.org/blog/2012/08/drone-strikes-keep-pressure-on-al-qaida.html)

Should the U.S. continue to strike at al-Qaida’s leadership with
AND
bin Laden did in Afghanistan in 1996, after his ouster from Sudan.
Extinction
Hellman 8 (Martin E. Hellman, emeritus prof of engineering @ Stanford, "Risk Analysis of Nuclear Deterrence" SPRING 2008 THE BENT OF TAU BETA PI, http://www.nuclearrisk.org/paper.pdf)

The threat of nuclear terrorism looms much larger in the public’s mind than the threat
AND
assume that preventing World War III is a necessity—not an option.
Causes US-Russia miscalc—extinction
Barrett et al. 13—PhD in Engineering and Public Policy from Carnegie Mellon
AND
and Nonproliferation Initiatives, Volume 21, Issue 2, Taylor 26 Francis)

War involving significant fractions of the U.S. and Russian nuclear arsenals,
AND
making one or both nations more likely to misinterpret events as attacks. 16
Adv 2
Advantage 2: Norms
A Subpoint —- CIA Fails
Drone jurisdiction shapes global norms—CIA control sets a precedent that collapses accountability and influence
Alston, 11 ~Harvard National Security Journal, 2 Harv. Nat’l Sec. J. 283, "The CIA and Targeted Killings beyond Borders," Philip Alston, John Norton Pomeroy Professor of Law, New York University School of Law, p. lexis~

3. Self-interest: Setting Prudent Precedents for Others Because the United States
AND
United States before long when invoked by other states with highly problematic agendas.
That signal matters—reserving the act for military members demonstrates US compliance
Nauman 12 ~Joshua, JD, LLM, Commander, Judge Advocate General’s Corps, U.S. Navy, "Civilians on the Battlefield: By Using U.S. Civilians in the War on Terror, Is the Pot Calling the Kettle Black?" 91 Neb. L. Rev., google scholar~

Similarly, the prosecution of enemy belligerents by military commission for, among other things
AND
they are on. As a world leader, we owe nothing less.
B Subpoint —- Convergence
Bifurcated drone authority causes functional convergence
Alston, 11 ~Harvard National Security Journal, 2 Harv. Nat’l Sec. J. 283, "The CIA and Targeted Killings beyond Borders," Philip Alston, John Norton Pomeroy Professor of Law, New York University School of Law, p. lexis~

B. Transparency as to Legal Authority and Operational Responsibility: The Old "Double-Hatting" Trick
A degree of transparency in relation to operational responsibility is essential both in terms of
AND
what were once generally considered to be legally mandated hard and fast distinctions.
The convergence trend wrecks accountability by sowing ambiguity about what constraints actually apply to targeted killing
Chesney, 12 ~Charles I. Francis Professor in Law at the University of Texas School of Law (Robert Chesney, "Military-Intelligence Convergence and the Law of the Title 10/Title 50 Debate," http://jnslp.com/wp-content/uploads/2012/01/Military-Intelligence-Convergence-and-the-Law-of-the-Title-10Title-50-Debate.pdf~~

Leon Panetta appeared on PBS Newshour not long after the raid that killed Osama bin
AND
my recommendations for reform within the analysis at each step along the way.
Spills over internationally
Mustin and Rishikof, 11 ~BS, JD, MBA, MA in International Affairs AND BA, MA, JD, Chair of the ABA Standing Committee on Law and National Security, Professor of law and chair of the Department of National Security Strategy at the National War College, Jeff Mustin and Harvey Rishikof, Summer 2011, "Projecting Force in the 21st Century – Legitimacy and the Rule of Law," 63 Rutgers L. Rev. Iss. 4~

V. POLICY IMPLICATIONS If these definitions are accepted as true, the result is
AND
military force without transparency is not the raison d’etre for a covert capability.
It’s reverse causal—JSOC operations retain strategic advantages while satisfying oversight demands—uniquely boosts our influence on drone norms
Zenko, 13 ~POLI CY INNOVATION MEMORANDUM NO. 31 Date: April 16, 2013 From: Micah Zenko Re: Transferring CIA Drone Strikes to the PentagonMicah Zenko is the Douglas Dillon fellow in the Center for Preventive Action at the Council on Foreign Relations~ 

The main obstacle to acknowledging the scope, legality, and oversight of U.
AND
the precedents of greater openness in how such operations are conducted by others.
C Subpoint —— Oversight
Congress key to accountability – solves inflated assertions in a legal vacuum
Schiff, 3/12/14 ~Op-Ed Contributor Let the Military Run Drone Warfare By ADAM B. SCHIFF March 12, 2014, Adam B. Schiff, Democrat of California, is a member of the House Permanent Select Committee on Intelligence.’~

It has been widely reported that the C.I.A. has been
AND
the commitment the president has made, and it’s a promise worth keeping.
Congressional action builds confidence—key to global dialogue and norm development
Kreps and Zenko, 14 ~"The Next Drone Wars Preparing for Proliferation", SARAH KREPS is Stanton Nuclear Security Fellow at the Council on Foreign Relations and Assistant Professor of Government at Cornell University. MICAH ZENKO is Douglas Dillon Fellow in the Center for Preventive Action at the Council on Foreign Relations, Foreign Affairs, http://www.foreignaffairs.com/articles/140746/sarah-kreps-and-micah-zenko/the-next-drone-wars~~

As the only country to have used drones extensively, the United States must take
AND
traditional combat, greater disclosure is the only concession it could realistically offer.
The impact is Asian conflict
Brimley, et al 13 ~*vice president AND director of the Technology and National Security Program *AND deputy director of the Asia Program at the Center for a New American Security (Shawn Brimley, Ben Fitzgerald, and Ely Ratner, 17 September 2013, "The Drone War Comes to Asia," http://www.foreignpolicy.com/articles/2013/09/17/the_drone_war_comes_to_asia?page=0,1~ 

It’s now been a year since Japan’s previously ruling liberal government purchased three of the
AND
political leadership, these technologies could very well lead the region into war.
Incidents escalate—drone crisis triggers US battle plans
Walker, 14 ~1/9/14, Richard, Former NY News Producer, "U.S. Interventionism in Asia Could Spark War With China", https://americanfreepress.net/?p=14557~~ 

A war with China is a real possibility. All it might take is the
AND
. troops and ships home and let Asia sort out its own troubles.
Goes nuclear
Goldstein, 13 – Avery, David M. Knott Professor of Global Politics and International Relations, Director of the Center for the Study of Contemporary China, and Associate Director of the Christopher H. Browne Center for International Politics at the University of Pennsylvania ("First Things First: The Pressing Danger of Crisis Instability in U.S.-China Relations," International Security, vol. 37, no. 4, Spring 2013, Muse Red)

Two concerns have driven much of the debate about international security in the post-
AND
a crisis, compressing the time frame for diplomacy to avert military conflict.
Angels in the outfield
Back to terrorism: It…it could happen
Tobey 14 (William Tobey is a senior fellow at Harvard University’s Belfer Center for Science and International Affairs. Major General Pavel Zolotarev is a retired member of the Russian Armed Forces and deputy director of the Institute for U.S. and Canadian Studies of the Russian Academy of Sciences., 1/13/2014, "The Nuclear Terrorism Threat", belfercenter.ksg.harvard.edu/files/nuclearterrorismthreatthailand2014.pdf)

A joint U.S.-Russian View q? First ever U.S
AND
at risk Insecure nuclear material anywhere is a threat to everyone, everywhere.
2ac
AT: Internal Link Chains 

It is their burden to rejoin our predictions – they are wrong about them and voting for them makes it worse
Fitzsimmons, 7 – Ph.D. in international security policy from the University of Maryland, Adjunct Professor of Public Policy, analyst in the Strategy, Forces, and Resources Division at the Institute for Defense Analyses (Michael, "The Problem of Uncertainty in Strategic Planning", Survival, Winter 06/07)

In defence of prediction Uncertainty is not a new phenomenon for strategists. Clausewitz knew
AND
reinvigorate their efforts in the messy but indispensable business of predicting the future.
AT: Endless Repition
The 1AC’s Risk Analysis isn’t what they criticize —- evidence-based possiblistic thinking is vital to prevent catastrophes without consuming us with fear
Lee Clarke 6, Ph.D., Associate Professor of Sociology at Rutgers University, Worst Cases: Terror and Catastrophe in the Popular Imagination, 2006, p. ix-xi

People are worried, now, about terror and catastrophe in ways that a short
AND
sociologist, but I wrote Worst Cases so that nonsociologists can read it.
Debating risk analysis is key to averting lash out
Langford 3 (Ian, Centre for Social and Economic Research on the Global Environment School of Environmental Sciences University of East Anglia and University College London, AN EXISTENTIAL APPROACH TO RISK PERCEPTION)
The above case studies show that other perspectives on risk perception can be gained by
AND
helplessness and reactions to these states of mind will always win the day.

Even if its low probability it sharpens political science analysis and allows us to test theories
Mahnken and Junio 13 – (2013, Thomas, PhD, Jerome E.
AND
Volume 15, Issue 3, pages 374–395, September 2013)
This article introduces political scientists to scenarios—future counterfactuals—and demonstrates their value
AND
. The conclusion offers two detailed examples of the effective use of scenarios.
In his classic work on scenario analysis, The Art of the Long View,
AND
also are a common tool employed by the policymakers whom political scientists study.
This article seeks to elevate the status of scenarios in political science by demonstrating their
AND
their theories, propose falsifiable hypotheses, and design new empirical research programs.
Scenarios in the Discipline
What do counterfactual narratives about the future look like? Scenarios may range in length
AND
simple scenario regarding how a first use of a nuclear weapon might occur:
During the year 2023, the US military is ordered to launch air and sea
AND
yield nuclear device against a stationary US military asset in the Pacific region.
This short story reflects a future event that, while unlikely to occur and far
AND
to explain how future counterfactuals fit into the methodological canon of the discipline.
AT: Alt – Affect/Pre REquisite

Affective approaches fail to mobilize or change politics
Jeff Pruchnic 8, Wayne State University, "The Invisible Gland: Affect and Political Economy", Volume 50, Number 1, Winter, muse.jhu.edu/journals/criticism/v050/50.1.pruchnic.html
These chapters on affective labor also most explicitly foreground the difficulty of integrating affect into
AND
recognition of the affective dimension of politics to leverage affect for political purposes.
Fear-driven anxiety is vital to affective agency
Susan McManus 11, Lecturer in Political Theory at Queen’s University, "Hope, Fear, and the Politics of Affective Agency", Volume 14, Issue 4, muse.jhu.edu/journals/theory_and_event/v014/14.4.mcmanus.html
Finally, if fear is a predominant affective formation in the political present, how
AND
as that agency works through immanent historical processes that remain open and undetermined.
Engagement with technocracy is more effective than dissensus
Jiménez-Aleixandre 2, professor of education – University of Santiago de Compostela, and Pereiro-Muñoz High School Castelao, Vigo (Spain) (Maria-Pilar and Cristina, "Knowledge producers or knowledge consumers? Argumentation and decision making about environmental management," International Journal of Science Education Vol. 24, No. 11, p. 1171–1190)
If science education and environmental education have as a goal to develop critical thinking and
AND
decision making; for this purpose the acknowledging of multiple expertise is crucial.

Alt fails – risk-based policymaking inevitable
Danzig 11 Richard Danzig, Center for a New American Security Board Chairman, Secretary of the Navy under President Bill Clinton, October 2011, Driving in the Dark Ten Propositions About Prediction and National Security, http://www.cnas.org/files/documents/publications/CNAS_Prediction_Danzig.pdf
The Propensity to Make Predictions – and to Act on the Basis of Predictions –
AND
over-prediction. People are doomed repeatedly to drive beyond their headlights.

AT: Anthro – Link One
First, it assumes the law is a monolith - that’s reductionist and wrong
Wilson 95 James G.  Professor of Law, Cleveland State University. Arizona State Law Journal, Fall, 27 Ariz. St. L.J. 773

Karl Popper maintained that the Left is even more bedeviled by excessive rationalism than the
AND
grand theory, "correct" outcomes, and indifference to legal technique.

Focusing on particular details of the case is good – voting for the negs vague generalizations creates an awful decision-making model
Benedict Smith (Teaching Fellow (Acting Director Philosophy MA) in the Department of Philosophy
Fellow of the Wolfson Research Institute for Health and Wellbeing at the University of Durham) 2006 "Particularism, Perception and Judgement" Academia.edu
In a related way, Dancy seeks to undermine certain ’coercive’ (Dancy 1993
AND
serve to rationally constrain any candidate beliefs or actions in a given circumstance.

AT: Factory Farm
America will be 100 vegan by 2050
LITTLE 3/13/14 (Lindsey; Ecorazzi, "America Could be Vegan by 2050," http://www.ecorazzi.com/2014/03/13/america-could-be-vegan-by-2050/)

The founder and director of Catskill Animal Sanctuary, Kathy Stevens, thinks America could
AND
know one thing, it’s how to make more money. They wouldn’t back

This will be a complete evolution beyond animal exploitation – sadly a nuclear war ends that
Matheny, 7 (J. G. Matheny, Ph. D. candidate, Bloomberg School of Public Health, Johns Hopkins University, December 6, 2007, "Ought we worry about human extinction?," online: http://jgmatheny.org/extinctionethics.htm)
Moral philosophers have not written much about human extinction. This may be because they
AND
, humanity is the animal kingdom’s best long-term hope for survival.

AT: Ontology
Claims this is specieist obfuscate larger issues of injustice
Guha 89 (Ramachandra, Ecologist – Centre for Ecological Sciences, "Radical American Environmentalism and Wilderness Preservation: A Third World Critique," Environmental Ethics, Spring, http://www.eci.ox.ac.uk/~~dliverma/articles/Guha20on20radical20environmentalism.pdf)
Insofar as it has begun to act as a check on man’s arrogance and ecological
AND
bogy of anthropocentricism is at best irrelevant and at worst a dangerous obfuscation.

Humans are at least a bit more important – only we can control and reverse instincts
Linker, 5 (Damon, "Animal Rights: Contemporary Issues (Compilation)," pg. 23-25)
That such arguments have found an audience at this particular cultural moment is not so
AND
equal consideration can only be won by attempting to lower us to theirs.

Death ontologically destroys the subject
Paterson, 03 – Department of Philosophy, Providence College, Rhode Island (Craig, "A Life Not Worth Living?", Studies in Christian Ethics, http://sce.sagepub.com)
Contrary to those accounts, I would argue that it is death per se that
AND
the person, the very source and condition of all human possibility.82 

AT: Alt
Perm solves best—-non-human-centric ethics can be combined with a concern for future generations—-convergence theory proves both are effective routes to valuing nonhumans
Neil Carter 8, Prof of Politics at the University of York, "The Politics of the Environment: Ideas, Activism, Policy," page 35, google books
This observation resonates with the ’convergence thesis’ outlined by Norton (1991).20
AND
supplementary dimension that can contribute to a richer, more informed moral synthesis.
Alt fails —- it’s utopian to expect every human to suddenly embrace animal equality —- prefer pragmatic steps like the plan
Light 2 ~Light, Andrew, Assistant Professor of Environmental Philosophy and Director, Environmental Conservation Education Program, 2002 (Environmental Ethics: What Really Matters What Really Works David Schmidtz and Elizabeth Willott, p. 556-57)~
In recent years a critique of this predominant trend in environmental ethics has emerged from
AND
the public discus¬sion of environmental problems, in terms familiar to the public.

The alternative dooms millions of animals to extinction
Michael Pollan 2, Professor of Journalism at UC-Berkeley, "An Animal’s Place," The New York Times Magazine, 11-10-02, http://michaelpollan.com/articles-archive/an-animals-place/
For any animal, happiness seems to consist in the opportunity to express its creaturely
AND
discomfort not only with our animality, but with the animals’ animality too.

1ar
AT: Linear Predictions Bad
Linear predictions good and complexity theory wrong
DURLAUf, 99 (Steven N.; Professor of Economics – University of Wisconsin-Madison "System Effects: Complexity in Political and Social Life," Emergence: Complexity and Organization, 1.2, April)

Similarly, the presence of positive feedback effects does not logically entail, as is
AND
to contribute much beyond metaphors to certain aspects of social and historical science.
AT: Structural Violence
Can’t solve structural violence – the aff’s strategy is a precursor to meaningfully resolving it and their focus on it, prevents solutions to warfare
Moore 4 – Dir. Center for Security Law @ University of Virginia, 7-time Presidential appointee, 26 Honorary Editor of the American Journal of International Law, Solving the War Puzzle: Beyond the Democratic Peace, John Norton Moore, pages 41-2

If major interstate war is predominantly a product of a synergy between a potential nondemocratic
AND
their solution may be to doom us to war for generations to come.

Based on a psychological tradeoff – wrong
Todd Dufresne 6, Professor of Philosophy and founding Director of The Advanced Institute for Globalization 26 Culture at Lakehead University, Killing Freud, googlebooks
*card modified for ableist language
TD: I tried to make the heterogeneity of opinion about Freuds death drive theory
AND
we must confront the basic facts and rewrite the history of psychoanalysis anew.
AT: Environment
No impact to the environment and no solvency
Holly Doremus 2k Professor of Law at UC Davis, "The Rhetoric and Reality of Nature Protection: Toward a New Discourse," Winter 2000 Washington 26 Lee Law Review 57 Wash 26 Lee L. Rev. 11, lexis
Reluctant to concede such losses, tellers of the ecological horror story highlight how close
AND
material benefits of destructive decisions frequently will exceed their identifiable material costs.  n221
Environmental improvements now – their evidence ignores long term trends
Hayward, 11 ~Steven P, american author, political commentator, and policy scholar. He argues for libertarian and conservative viewpoints in his writings. He writes frequently on the topics of environmentalism, law, economics, and public policy.2011 Almanac of Environmental Trends by Steven F. Hayward April 2011 ISBN-13: 978-1-934276-17-4, http://www.pacificresearch.org/docLib/20110419_almanac2011.pdf~~ 

Quick: What’s the largest public-policy success story in American society over the
AND
A good example is the introduction of coal for heating andenergy in Britain.
Little

I am going to finish Little – it obliterates their cooption claim, the system views vegetarianism  as in its interest
Blue
LITTLE 3/13/14 (Lindsey; Ecorazzi, "America Could be Vegan by 2050," http://www.ecorazzi.com/2014/03/13/america-could-be-vegan-by-2050/)

The founder and director of Catskill Animal Sanctuary, Kathy Stevens, thinks America could
AND
2423 million from from Asia’s richest man, Li Ka-sing, 

and Yahoo co-founder Jerry Yang. If wealthy people know one thing, it’s how to make more money. They wouldn’t back these companies if they didn’t see huge growth potential.