Tournament: UMKC | Round: 2 | Opponent: WaRu JL | Judge: Shae Bunas
Soft Power

Indefinite detention is ineffective---fosters terrorism and damages soft power
Daphne Eviatar 10 is Senior Associate @ Human Rights First, "Indefinite Detention Would Harm, Not Help, National Security," 11-19-10, www.humanrightsfirst.org/2010/11/19/indefinite-detention-would-harm-not-help-national-security/ DOA: 7-23-13, y2k
Wittes and Goldsmith are correct that fighters in enemy forces can be held in military
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already know that going down that path will lead to just the opposite.

Specifically- Human rights credibility---now is key to set the global standard for human rights protection
Suzanne Nossel 12 is executive director of Amnesty International USA, "Time for a Reset on Human Rights," 11-7-12, www.foreignpolicy.com/articles/2012/11/07/time_for_a_reset_on_human_rights?page=0,1, DOA: 7-22-13, Y2K
In 2008, Barack Obama's election thrilled many human rights activists. For eight years
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United States and any other government with a kill list of its own.

AND- US is key to global human rights protection---indefinite detention undermines US credibility and American interests
William F. Schulz 9 is Senior Fellow, Center for American Progress, "The Future of Human Rights: Restoring America’s Leadership," www.policyarchive.org/handle/10207/bitstreams/10918.pdf, DOA: 7-23-13, y2k
What has been far more problematic over the last few years than random disparities between
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protest human rights abuses will inevitably fail if they lack the support of others

Credibility key to foster foreign cooperation and hegemony
John Ikenberry 4 Professor of Politics and International Affairs at Princeton, “Liberal Realism: The Foundations of a Democratic Foreign Policy”, The National Interest, Fall
The Bush Administration's disregard for legitimacy has had devastating consequences for America's standing in the
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always master, unless he transforms strength into right and obedience into duty."
Soft-power is key to leadership
Sankar Sen 5 is Former Director of Indian National Police Academy, The Statesman, 4-5-5, L/N
Indeed anti-American sentiment is sweeping the world after the Iraq war. It
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power will also create disenchantment and may gradually affect American pre-eminence.
Latent power ensures U.S. hegemony can withstand any challenge – estimates of American power don’t take hidden safeguards into account.
William Wohlforth (Professor of Government at Dartmouth College, where he is also the Chair of the Department of Government) Spring, 2007 "Unipolar Stability," Harvard International Review Vol. XXIX, No. 1 p 47-8
U.S. military forces are stretched thin, its budget and trade deficits
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end its self inflicted overstretch and tap potentially large wellsprings of latent power.

No impact turns---hegemonic decline emboldens rising power and challengers---US intervention is inevitable, only a question of effectiveness.
Stuart Gottlieb 12 is an Adjunct Professor of International Affairs and Public Policy at Columbia University's School of International and Public Affairs, where he is also an affiliate of the Saltzman Institute of War and Peace Studies. He worked as a foreign policy adviser and speechwriter to two senior Democratic senators and has worked on presidential campaigns for both Democratic and Republican candidates. “What if U.S. stops policing the world?” September 19, 2012, http://www.cnn.com/2012/09/18/opinion/gottlieb-us-retrenchment/index.html, Accessed Date: 4-19-13 y2k
But the question is not whether promises to bring home troops and reduce military spending
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. History shows that doing otherwise only raises the stakes down the line.

Even if they win their offense, legitimacy smooths the transition---key to global stability
Kevin Fujimoto 12, Lt. Colonel, U.S. Army, January 11, 2012, “Preserving U.S. National Security Interests Through a Liberal World Construct,” online: http://www.strategicstudiesinstitute.army.mil/index.cfm/articles/Preserving-US-National-Security-Interests-Liberal-World-Construct/2012/1/11
The emergence of peer competitors, not terrorism, presents the greatest long-term
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will protect its interests later when we are no longer the world's only superpower
Soft power prevents extinction – disease, climate change, terrorism, and great power war
Joseph Nye 8 is professor of international relations at Harvard University, “American Power After the Financial Crises,” http://www.foresightproject.net/publications/articles/article.asp?p=3533, DOA: 7-23-13, y2k
Power always depends on context, and in today's world, it is distributed in
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even the largest country cannot achieve its aims without the help of others.
Legitimacy

Single rulings have drastic effect on perception of court legitimacy- Voting Rights Act decision has put legitimacy at an all time low
Robert A. Schapiro, Op-ed contributor / August 5, 2013
OBJECTION! AMERICANS’ OPINION OF SUPREME COURT CAN’T KEEP DROPPING http://www.csmonitor.com/Commentary/Opinion/2013/0805/Objection!-Americans-opinion-of-Supreme-Court-can-t-keep-dropping
Last month, the Pew Research Center reported that for the
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-Americans fell to 44 percent in July from 61 percent in March.
Indefinite detention undermines judicial legitimacy- increased powers lead to authoritarian presidents who roll back Obama’s promises
Henry Zheng September, 2012
NDAA Terrorism Law: Obama and His Unchecked Power Grab
http://www.policymic.com/articles/14856/ndaa-terrorism-law-obama-and-his-unchecked-power-grab
Despite his promises to end the war, President Obama has continued to expand his
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resident has been in review by the Senate Judiciary Committee since last year.
Court Legitimacy in the eyes of the people is key to enforce democratic rights
Yoo 2k1
(Yoo 2k1, James, Professor, Law at University of California, berkely
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by following standards of procedural justice or by making decisions that follow principled rules

Undermining democratic rights causes extinction
Henkin 88  
(Columbia, 1988, (Atlantic Comm Qtly, Spring)
Lawyers, even constitutional lawyers, argue "technically," with references to text and
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safeguard also the values and concerns of civilized people committed to human survival.

There is a global public opinion that indefinite detention must end which is being ignored by the US
Alia Malek / December 28, 2011
America's big mistake on indefinite detention of terror suspects
The approval of indefinite detention of terror suspects by Congress and Obama maintains the premise that because of exigent circumstances, civil rights and civil liberties must be curbed. This is much like the argument used for decades from Cairo to Damascus.
And so, unfortunately, the NDAA stays the course of the War on Terror
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same tide suggests they are also deaf to the irony of their plea.
Perception of justice key to prevent terrorism
Shapiro 3 (Jeremy, Associate Director and Research Associate – Brookings Institute, March “French Lessons: The Importance of the Judicial System in Fighting Terrorism http://www.brookings.edu/fp/cusf/analysis/shapiro20030325.htm)

The unique nature of terrorism means that maintaining the appearance of justice and democratic legitimacy
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of terrorism without sacrificing the very values they so desperately desire to protect. 

The U.S. would retaliate ensuring superpower war with China and Russia?
Ayson 10 (Robert, Professor of Strategic Studies, Director of Strategic Studies: New Zealand, Senior Research Associate with Oxford’s Centre for International Studies. “After a Terrorist Nuclear Attack: Envisaging Catalytic Effects. Studies in Conflict and Terrorism, Volume 33, Issue 7, July 2010, pages 571-593)
Washington's early response to a terrorist nuclear attack on its own soil might also raise
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consultation from Washington that the latter found itself unable or unwilling to provide.
Plan:
The US Congress should substantially increase its statutory restrictions on the war powers authority of the President by repealing the NDAA authorization to indefinitely detain terrorist suspects

Solvency

Plan solves detention and transfers detainees to trials
Dave Nalle June 14, 2013
Effort to block indefinite detention (NDAA) fails in U.S. House
http://communities.washingtontimes.com/neighborhood/liberty-our-times/2013/jun/14/effort-block-indefinite-detention-fails-us-house/
Indefinite detention remains in effect, but this week an effort was made to fix
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RLC endorsees, Dana Rohrabacher of California, and Steve Stockman from Texas.
Collaboration with Congress is key to efficacy + legitimacy of counter terrorism operations
Prieto 9 (Daniel, Council on Foreign Relations, “War About Terror: Civil Liberties and National Security After 9/11”, February 2009, http://pubs.mantisintel.com/Civil_Liberties_WorkingPaper.pdf, RSR)
Within the Bush administration, policy development and decision-making on a number of
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efforts, and defend against criticisms regarding the legitimacy of many new policies.
Congressional restrictions of the president solve best- better flexibility and recognition of politics and foreign policy– Bellia ‘2

Patricia Bellia; “Executive Power in Youngstown’s Shadows”; Constitutional Commentary; Spring 2002

We can in fact detect the seeds of this reluctance to give content to the
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political question can create "disruption among the three coequal branches of government."

Tournament: UMKC | Round: 6 | Opponent: California MS | Judge: Kendall Kaut
The plan returns power from the Courts to the Congress empowering the Congress to reassert its authority
Robin West ‘94 Prof. of Law. Georgetown (Progressive Constitutionalism p. 218-220)

The concluding section of this chapter argues that even in the short term, and
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when faced with such a constitutional moment will this conservative Court change paths.

Two Impacts:
First is popular constitutionalism

Ending judicial supremacy is key to revive democracy worldwide
Robert Justin Lipkin ‘6 Professor of Law, Widener University School of Law (28 Cardozo L. Rev. 1055)

Even when the Court gets the right interpretation three problems remain: (1)
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congressional override is one step in bringing the Constitution back to its roots.

The impact is extinction
Carl Boggs, National University, 1997, Theory and Society, December, Volume 26, Number 6, p. 773-4
The decline of the public sphere in late twentieth-century America poses a series
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embodiment of those universal, collective interests that had vanished from civil society.

Second is Modeling

Status quo emerging democracies model US judicial supremacy -- only an abandonment of judicial supremacy in the US can end its presence worldwide
Janet L. Hiebert ‘4 Associate Professor of Political Studies, Queen's University, Canada (82 Tex. L. Rev. 1963)

The reason for caution does not arise out of any inherent conceptual shortcomings with
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resist the notion that judicial hegemony is required for responsible judgments about rights.

US detention policies spill over and are modeled- Israel proves
Adam Horowitz on February 20, 2012
Greenwald: Indefinite detention policies have become normalized legally, politically and culturally in Israel and the US
http://mondoweiss.net/2012/02/greenwald-indefinite-detention-policies-have-be-come-normalized-legally-politically-and-culturally-in-israel-and-the-us.html
Of course, the U.S. has its own system of indefinite detention
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and President Obama just signed, a law that expressly permits indefinite detention.
Judicial hegemony entrenches elite power and makes transition to democracy impossible
Ran Hirschl ‘4 Professor of Political Science and Law, University of Toronto (Towards Juristocracy p. 1-2)

While the benefits of constitutionalization for economic libertarians and judicial elites appear obvious, its
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in¬fluence upon, such bodies minimize the potential threat to their hegemony. '

This turns their disads and causes global war
Edward D. Mansfield, associate professor of political science at Columbia, and Jack Snyder, professor of political science and director of the institute of war and peace studies at Columbia, 2006 National Interest

THE BUSH Administration has argued that promoting democracy in the Islamic world, rogue states
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terrorism, but it also makes the future consolidation of democracy more difficult.
Congressional restrictions of the president solve best- better flexibility and recognition of politics and foreign policy– Bellia ‘2

Patricia Bellia; “Executive Power in Youngstown’s Shadows”; Constitutional Commentary; Spring 2002

We can in fact detect the seeds of this reluctance to give content to the
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political question can create "disruption among the three coequal branches of government."

Tournament: Kentucky | Round: 1 | Opponent: Northwestern MP | Judge: Abelkop

1AC—Kentucky

1AC – Legitimacy Advantage

US credibility is collapsing due to detention policy—-plan reverses that

David Welsh 11, J.D. from the University of Utah, "Procedural Justice Post-9/11: The Effects of Procedurally Unfair Treatment of Detainees on Perceptions of Global Legitimacy", http://law.unh.edu/assets/images/uploads/publications/unh-law-review-vol-09-no2-welsh.pdf
The Global War on Terror 1 has been ideologically framed as a struggle between the
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this article offers a psychological perspective of legitimacy in the context of detention. 

Indefinite detention undermines international coop and alliances

Martin Scheinin 12 is Professor of International Law and Former UN Special Rapporteur on Human
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approach. But repressive governments may do so for their own political purposes.

====NSC solves alliance bailing based on detention policy====
STUART TAYLOR JR FEB 27 2007
The Case for a National Security Court
For the good of the war on terrorism, the United States needs to create 
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difficult or costly would almost certainly effect an increase in the number killed."

The plan’s external oversight on detention maintains heg—-legitimacy is the vital internal link to global stability

Robert Knowles 9, Acting Assistant Professor, New York University School of Law, Spring, "Article: American Hegemony and the Foreign Affairs Constitution", 41 Ariz. St. L.J. 87, Lexis
The hegemonic model also reduces the need for executive branch flexibility, and the institutional
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courts to reduce the "deference gap" between foreign and domestic cases.

Alliance is key to hegemony

Joseph S. Nye 13 Jr. is a professor at Harvard’s Kennedy School of Government, "American power in the 21st century will be defined by the ’rise of the rest’" 6-28-13, http://articles.washingtonpost.com/2013-06-28/opinions/40255646_1_american-power-u-s-economy-united-states, DOA: 7-23-13, y2k
In the last century, the United States rose from the status of second-
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be able to achieve the outcomes it wants without the help of others.

Heg solves nuclear war and decline of American power causes it

Zhang and Shi 11 Yuhan Zhang is a researcher at the Carnegie Endowment for International Peace, Washington, D.C.; Lin Shi is from Columbia University. She also serves as an independent consultant for the Eurasia Group and a consultant for the World Bank in Washington, D.C., 1/22, "America’s decline: A harbinger of conflict and rivalry", http://www.eastasiaforum.org/2011/01/22/americas-decline-a-harbinger-of-conflict-and-rivalry/
This does not necessarily mean that the US is in systemic decline, but it
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forecast in a future that will inevitably be devoid of unrivalled US primacy.

Multilateral cooperation to solve warming and prolif is impossible absent the plan

John G. Ikenberry 11, Albert G. Milbank Professor of Politics and International Affairs at Princeton, Spring, "A World of Our Making", http://www.democracyjournal.org/20/a-world-of-our-making.php?page=all
Grand Strategy as Liberal Order Building American dominance of the global system will eventually yield
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liberal order building, it can begin the process of gaining it back. 

Warming is real and human caused- Prefer scientific consensus to their hack deniers

Lewandowsky and Ashley 2011 (Stephan Lewandowsky, Professor of Cognitive Studies at the University of Western Australia, and Michael Ashley, Professor of Astrophysics at the University of New South Wales, June 24, 2011, "The false, the confused and the mendacious: how the media gets it wrong on climate change," http://goo.gl/u3nOC)
But despite these complexities, some aspects of climate science are thoroughly settled. We
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the 19th century, pre-dating even Sherlock Holmes and Queen Victoria.

Not inevitable – even if temporarily over the tipping point, can be brought back down.

Dyer 2009 (Gwynne Dyer, MA in Military History and PhD in Middle Eastern History former Senior Lecturer-C:\wiki\Senior_Lecturer in War Studies at the Royal Military Academy Sandhurst, "Climate Wars,")
There is no need to despair. The slow-feedback effects take a long
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so let us focus here on how to stop it rising past 450. 

Unmitigated warming causes extinction

Mazo 2010 (Jeffrey Mazo, Managing Editor of Survival and Research Fellow for Environmental Security and Science Policy at the International Institute for Strategic Studies, March 2010, "Climate Conflict: How global warming threatens security and what to do about it")
The best estimates for global warming to the end of the century range from 2
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adaptation to these extremes would mean profound social, cultural and political changes. 

====Alliances prevent nuclear war—-key to burden sharing====
Douglas Ross 99 is professor of political science at Simon Fraser University, Winter 1998/1999, Canada’s functional
isolationism and the future of weapons of mass destruction, International Journal, p.
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community have any plausible hope of avoiding warfare involving nuclear or other WMD. 

Judicial involvement is key to the credibility of detention decisions

Matthew C Waxman 9, Professor of Law; Faculty Chair, Roger Hertog Program on Law and National Security, "Legislating the War on Terror: An Agenda for Reform", November 3, Book
Judicial review can help safeguard liberty and enhance the credibility at home and abroad of
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to contest what with the assistance of counsel? Transparent determinations of what?

1AC - Terrorism advantage

Terrorism is here to stay for the long term because of a lack of focus on eliminating terrorist recruitment- the aff is key to overall counterterrorism strategy

WILLIAM C. MARTEL NO DATE
Can we win the war on terror? Associate Professor of International Security Studies at The Fletcher School-http://en.wikipedia.org/wiki/The_Fletcher_School, Tufts University
http://www.rdasia.com/Can_We_Win_the_War_on_Terror-http://www.rdasia.com/Can_We_Win_the_War_on_Terror
The past decade has seen a sharp spike in terrorist activities around the world.
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are better prepared psychologically to wage the "long fight" against terrorism.

====Guantanamo is the final standing symbol for terrorist recruitment
Carol J. Williams May 24, 2013
Torture, drones, indefinite detention breeding home-grown terror? http://articles.latimes.com/2013/may/24/world/la-fg-wn-boston-london-counterterror-20130523-http://articles.latimes.com/2013/may/24/world/la-fg-wn-boston-london-counterterror-20130523====
The suspects in both cases are young men accorded the benefits of education and personal
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young men with roots in the conflict-torn corners of the world.

No defense- Your evidence is already behind on empirical analysis

David Edwards and Joe Byrne January 27, 2009
Gitmo recruited thousands of terrorists, says US interrogator
http://rawstory.com/news/2008/Gitmo_recruited_thousands_of_terrorists_says_0127.html
A Pentagon report that 61 former inmates from Guantanamo Bay have "returned to the
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tools, the best thing to do would be to close Guantanamo Bay."

Latest assessment concludes the risk is underestimated

Sturdee 2013 (Simon Sturdee, AFP reporter, July 1, 2013, "UN atomic agency sounds warning on ’nuclear terrorism’," Fox News, http://www.foxnews.com/world/2013/07/01/un-atomic-agency-sounds-warning-on-nuclear-terrorism/~~23ixzz2dsmqwOk3)
The head of the UN atomic agency warned Monday against complacency in preventing "nuclear
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," Michelle Cann, co-author of the report, told AFP.

That causes extinction via retal.

Ayson 10 (Robert, Professor of Strategic Studies, Director of Strategic Studies: New Zealand, Senior Research Associate with Oxford’s Centre for International Studies. "After a Terrorist Nuclear Attack: Envisaging Catalytic Effects. Studies in Conflict and Terrorism, Volume 33, Issue 7, July 2010, pages 571-593)

But these two nuclear worlds—a non-state actor nuclear attack and a
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be admitted that any preemption would probably still meet with a devastating response.

NSC solves detention, closes gitmo, and transfers detainees to trials
Kevin E. Lunday* and Harvey Rishikof Fall 2008

• Kevin E. Lunday is a Captain and judge advocate in the U.S. Coast Guard. The views expressed in this article are those of the author and do not reflect the official policy or position of the Commandant or Judge Advocate General, the U.S. Coast Guard, the Department of Homeland Security, or the U.S. Government.
  • Harvey Rishikof is a professor of law and former chair of the Department of National Security Strategy, National War College. The views expressed in this article are those of the author and do not reflect the official policy or position of the National Defense University, the National War College, the U.S. Department of Defense, or the U.S. Government
    http://www.lexisnexis.com/lnacui2api/mungo/lexseestat.do?bct=A26risb=21_T1825613687726homeCsi=13880126A=0.971261520608968526urlEnc=ISO-8859-12626citeString=3920Cal.20W.20Int~’l20L.J.2087,at209426countryCode=USA26_md5=00000000000000000000000000000000-http://www.lexisnexis.com/lnacui2api/mungo/lexseestat.do?bct=A26risb=21_T1825613687726homeCsi=13880126A=0.971261520608968526urlEnc=ISO-8859-12626citeString=3920Cal.20W.20Int'l20L.J.2087,at209426countryCode=USA26_md5=00000000000000000000000000000000
    The NSC would not only establish a comprehensive, permanent system to consistently address the problem by employing accepted legal standards and processes, it would also provide a strategic departure from the current course that has diminished the United States’ standing on rule of law in the fight against terrorism. It would enable the United States to transfer the remaining alien detainees from Guantanamo Bay to secure custody in the United States with appropriate due process, and the United States would be able to close Camp Delta at Guantanamo Bay. ⁿ⁸⁶ There is constitutional authority and precedent for Congress to create specialized Article III courts with limited jurisdiction to address ~*111~ unique legal and policy issues. ⁿ⁸⁷-http://www.lexisnexis.com/lnacui2api/frame.do?tokenKey=rsh-23.930436.739026274926target=results_DocumentContent26returnToKey=20_T1825614752226parent=docview26rand=138040680885026reloadEntirePage=true Congress has in fact already created specialized Article III courts with jurisdiction and competence to manage national security matters. The Foreign Intelligence Surveillance Court (FISC), established in 1978, reviews applications from the Department of Justice and, when appropriate, grants authorization for electronic surveillance or physical searches against agents of a foreign power within the United States, including those suspected of foreign intelligence or international terrorism. ⁿ⁸⁸ The Alien Terrorist Removal Court (ATRC), established in 1996, has jurisdiction to review ex parte applications from the Department of Justice to order removal of terrorist aliens from the United States.====

1AC – Plan

The United States Federal Government should create a National Security Court with exclusive jurisdiction over the United States’ indefinite detention policy

1AC – Solvency

The creation of a National Security Court is crucial to restore legitimacy and rule of law in detention

David Welsh 11, J.D. from the University of Utah, "Procedural Justice Post-9/11: The Effects of Procedurally Unfair Treatment of Detainees on Perceptions of Global Legitimacy", http://law.unh.edu/assets/images/uploads/publications/unh-law-review-vol-09-no2-welsh.pdf
In the context of the War on Terror, legitimacy is the critical missing element
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with the unique procedural issues created by a growing number of suspected terrorists. 

NSC is the best solution to the detainee issue—-other options fail

Anthony L. Kimery 9, Homeland Security Today’s Online Editor and Online Media Division manager, draws on 30 years of experience and extensive contacts as he investigates homeland security, counterterrorism and border security, citing Glenn Sulmasy, first permanent commissioned military law professor at the Coast Guard Academy, where he is a Professor of Law teaching international, constitutional, and criminal law, "The Case For A ’National Security Court’", December 3, www.hstoday.us/blogs/the-kimery-report/blog/the-case-for-a-national-security-court/a9333d82c11cecd35e74c8c0b65c2698.html-http://www.hstoday.us/blogs/the-kimery-report/blog/the-case-for-a-national-security-court/a9333d82c11cecd35e74c8c0b65c2698.html
"The administration is now fully aware that this is a vastly complex issue –
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national security, and still garner and maintain international support for our efforts." 

The court’s procedural justice is vital to solve

David Welsh 11, J.D. from the University of Utah, "Procedural Justice Post-9/11: The Effects of Procedurally Unfair Treatment of Detainees on Perceptions of Global Legitimacy", http://law.unh.edu/assets/images/uploads/publications/unh-law-review-vol-09-no2-welsh.pdf
Recent research highlights two reasons why procedural justice may be particularly important in the context
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make recommendations about how these rules could be implemented in a DTC model. 

Plan restores legitimacy and outweighs benefits from indefinite detention

Harvey Rishikof 8, Professor of Law and Former Chair of the Department of National Security Strategy at the National War College and Kevin E Lunday, Captain and judge advocate in the US Coast Guard, "Due Process Is a Strategic Choice: Legitimacy and the Establishment of an Article III National Security Court", December 19, www.cwsl.edu/content/journals/Rishikof.pdf
The purpose of the current preventive detention regime, based primarily on a law of
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an appropriate forum that ensures government interests in security of the proceedings and information