Tournament: TX Swings 1AC | Round: 1 | Opponent: XXX | Judge:
*1AC*
Gray area now on domestic arrests skews lower courts and funnels suspects into the civilian system
Elsea 13 (Detention of U.S
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/crs/natsec/R42337.pdf)
A majority of the Hamdi Court appears to
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against the United States on a foreign battlefield. 

Plan
The United States federal government should restrict the war powers authority of the President of the United States to assert, on behalf of the United States, immunity from judicial review through a statutory cause of action allowing civil suits brought against the United States by those unlawfully injured by indefinite detention
Judicial Modeling
Law enforcement shift through right to compensation key to implement European derogation model
Cassel 8 (Journal of Criminal Law and
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/9803_811.Cassel.pdf)
VIII.CONCLUSION Because of the difficulties in
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do not present that sort of threat.236

Detention policies specifically skew US-EU counterterror cooperation—shared values and recruitment
Archick 13 (U.S.-EU
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/crs/row/RS22030.pdf)
Archick 13 (U.S.-EU
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/crs/row/RS22030.pdf)
Detainee Issues and Civil Liberties U.S
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certain prisoners were too dangerous to be released. 

Damages allowance key to counterterror precedent
Vladeck 13 (Unlawfully Detained by the U
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-us-government-keep-failing)
First, from the plaintiffs’ perspectives, such
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well be damages or bust in these cases.

EU judicial standard co-op is crucial to stopping the next US terror attack—logistical and planning bases
Archick 13 (U.S.-EU
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/crs/row/RS22030.pdf)
The September 11, 2001, terrorist attacks
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plan to combat radicalization and terrorist recruitment.2

Next nuclear terror attack is extremely likely
Jaspal 12 – Associate Professor at the School of Politics and International Relations, Quaid-i-Azam University, Islamabad, Pakistan
(Zafar Nawaz, “Nuclear/Radiological
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- 1, 2012, 91:111)
The misperception, miscalculation and above all ignorance
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could acquire fissile material from the rogue states.

Terrorism causes miscalculation that draws in Russia and China and culminates in extinction- also causes rising alert levels
Ayson 2010 (Robert Ayson, Professor of Strategic Studies and Director of the Centre for Strategic Studies: New Zealand at the Victoria University of Wellington, “After a Terrorist Nuclear Attack: Envisaging Catalytic Effects,” Studies in Conflict and Terrorism, Volume 33, Issue 7, July, Available Online to Subscribing Institutions via InformaWorld)
A terrorist nuclear attack, and even the
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might not help the chances of nuclear restraint.

Europe’s key to rendition upon release—no due process frustrates the process now
Archick 13 (U.S.-EU
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/crs/row/RS22030.pdf)
At the same time, the Obama Administration
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that 164 detainees currently remain at Guantánamo.54
XXLatest IAEA 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/#ixzz2dsmqwOk3)
The head of the UN atomic agency warned
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-author of the report, told AFP.
Deference
Congressional cause of action resolves court dismissal of damages suits—key to national security accountability
Vladeck 13 (Unlawfully Detained by the U
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-us-government-keep-failing)
Last Monday, on the same day as
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for accountability in the national security arena specifically.

The Supreme Court has consistently leaned towards the requirement of damage suit availability now—statutory restriction resolves Circuit court ambiguities  
Vladeck 12 (The Subtle New (Constitutional
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-holding-in-al-zahrani/)
Given Ben’s report on the oral argument,
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that the answer necessarily follows from existing precedent.

Political branches are incapable of resolving clarity—MCA proves Court detainment check’s key to refinement of executive deference
Landau 12 (ARTICLE: CHEVRON MEETS YOUNGSTOWN
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.L. Rev. 1917. Lexis)
B. Congressional Remands After 9/11
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by Chevron-backers has consequently been absent.

Judicially legitimated flexibility’s key to heg—detention policies are the determinant
Knowles 2009 (Robert Knowles, Acting Assistant Professor, New York University School of Law, 41 Ariz. St. L.J. 87 American Hegemony and the Foreign Affairs Constitution)
The hegemonic model also reduces the need for
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breaks its own rules, it loses legitimacy.
Outweighs material advantage
Kagan 2004 (Robert Kagan, senior associate at the Carnegie Endowment for International Peace, January 24, 2004, “A Tougher War For the U.S. Is One Of Legitimacy,” New York Times, http://www.nytimes.com/2004/01/24/books/a-tougher-war-for-the-us-is-one-of-legitimacy.html?pagewanted=allandsrc=pm)
Today a darker possibility looms. A great
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of its principles and all who share them.

Ambiguous status hierarchies cause conflict
William C. Wohlforth is a professor of government at Dartmouth College World Politics Volume 61, Number 1, January 2009 Unipolarity, Status Competition, and Great Power War
SIT is often seen in a scholarly context
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system—appears consistent with the hypothesis.43
Decline causes numerous nuclear wars
Brzezinski 2012 Zbigniew K. Brzezinski (CSIS
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after_america?page=0,0
For if America falters, the world is
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itself for a dangerous slide into global turmoil.

Solvency
Youngstown makes review inevitable—push for executive deference polarizes the engagement—pragmatic clarification of scope sets a productive precedent
Landau 12 (ARTICLE: CHEVRON MEETS YOUNGSTOWN: NATIONAL SECURITY AND THE ADMINISTRATIVE STATE Joseph Landau Associate Professor, Fordham Law School. December, 2012 Boston University Law Review 92 B.U.L. Rev. 1917. Lexis)
E. Chevron, Executive Unilateralism, and
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basis for judicial review of national security policy.

No circumvention—Court structures national security law
Landau 12 (ARTICLE: CHEVRON MEETS YOUNGSTOWN: NATIONAL SECURITY AND THE ADMINISTRATIVE STATE Joseph Landau Associate Professor, Fordham Law School. December, 2012 Boston University Law Review 92 B.U.L. Rev. 1917. Lexis)
 *1976  However, in both
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often bereft of clear procedural and substantive guidelines.