Tournament: KY | Round: 1 | Opponent: OU CL | Judge: Reynolds
1AC

Pouya and I wish to use this moment to recognize our own privilege and, in the context of that privilege, call for the restriction of the President of the United States’ war powers authority to indefinitely detain.
In an article titled “The Continuing US War on the Darker Skinned” on August 6th of this year, Adam Hudson explained
(The Continuing US War on the Darker
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By Adam Hudson, Truthout | News Analysis)
The notorious US military base and penal colony
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in independent black journalistic outlets than corporate media.

This is ethically unacceptable--- failure to end this practice dooms dozens of people to perpetual detention
Amnesty 2013 (Amnesty International, May 2013, “USA¶ ‘I HAVE NO REASON TO ¶ BELIEVE THAT I WILL ¶ EVER LEAVE THIS ¶ PRISON ALIVE’¶ INDEFINITE DETENTION AT ¶ GUANTÁNAMO CONTINUES; 100 ¶ DETAINEES ON HUNGER STRIKE,” http://www.amnesty.org/en/library/asset/AMR51/022/2013/en/e480ed9c-db38-4bd3-b660-6943142c4449/amr510222013en.pdf)
What will it take to get the US
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and they resort ¶ to such desperate measures.”
Detainees are routinely subjected to physical and psychological violence
Moazzam Begg 2013 (Moazzam Begg, former Gitmo detainee, Interviewed by Global News network RT, FORMER DETAINEE OF GUANTANAMO “‘Everybody in Guantanamo has been tortured or abused’ - former detainee” July 6th http://rt.com/op-edge/gitmo-strike-torture-inmate-724/)
“I was subjected to the sounds of
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or trial in any legal, normative system.

Indefinite detention causes psychological trauma
Cheyette 2011 (Cara M. Cheyette, JD, MPH, “Punishment Before Justice: Indefinite Detention in the US,” Physicians for Human Rights, https://s3.amazonaws.com/PHR_Reports/indefinite-detention-june2011.pdf)
Individuals deprived of information about when or whether
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pain without ever touching the detainee.46 

Indefinite detention is categorically different from other forms of governmental custody
Cheyette 2011 (Cara M. Cheyette, JD, MPH, “Punishment Before Justice: Indefinite Detention in the US,” Physicians for Human Rights, https://s3.amazonaws.com/PHR_Reports/indefinite-detention-june2011.pdf)
By definition, indefinite detention refers to a
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detainee experiencing his captivity as capricious and arbitrary.
State actors have an obligation to restrict indefinite detention authority
Steyn 2003 (Johan Steyn, A Lord of Appeal in Ordinary, November 25, 2003, Twenty-Seventh FA Mann Lecture British Institute of International and Comparative Law and Herbert Smith, Lincoln’s Inn Old Hall, http://www.pegc.us/archive/Articles/Steyn_London_20031125.pdf)
The most powerful democracy is detaining hundreds of
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institutions from close scrutiny and¶ accountability”.7
Discursive reference to the state doesn’t legitimize it and is tactically necessary
Frost 1996 (Mervyn Frost, Professor at the University of Kent, “Ethics In International Relations A Constitutive Theory,” pp. 90-91)
A first objection which seems inherent in Donelan's
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under law, representative government and so on.
Critique of the racial state shouldn’t preclude demands that it stop its practices
Lipsitz 2004 (George Black Studies @ UC SB “Abolition democracy and global justice” Comparative American Studies 2 (3) p. 271-276)
Abstract As new social relations produce new kinds
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Waxer, 2002; Woods, 1998).

2AC

This avoids the police order of politics as usual – using our privileged status to undo structures of privilege is an essential component of ethical politics – We solve their impact claims and the permutation avoids the links – our strategy of calls for political action on behalf of those marginalized by politics as usual is an act of “sharing” that avoids domination in recognition of equality – a call for action by those with a part in politics for those without allows for critical reflexivity to widen the scope of ethical political action to include additional perspectives

May 7 (Todd, SubStance 36.
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Thought is forthcoming from Edinburgh Press in 2008.)
How shall we characterize what is proper to
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the pervasive and multifarious dominations of our world.

That internal connection is crucial to political subjectification to overcome the objectified nature of the black body in civil society
Jafari S. Allen 2011 “¡Venceremos?: The Erotics of Black Self-making in Cuba” google books
For black folks, resistance always takes place
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, reeducate, and raise consciousness toward revolution?
The policies and policymakers are the source of the systemic violence you discuss
Themba-Nixon 00, Executive Director of The Praxis Project, a nonprofit organization helping communities use media and policy advocacy
Makani, July 31, Colorlines, Changing
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Means for Organizing, Vol 3.2)
 “This is all about policy," a woman complained to me in a recent conversation. "I'm an organizer."  The flourish and passion with which she made the distinction said everything. Policy is for wonks, sell-out politicians, and ivory-tower eggheads. Organizing is what real, grassroots people do. Common as it may be, this distinction doesn't bear out in the real world.  Policy is more than law. It is any written agreement (formal or informal) that specifies how an institution, governing body, or community will address shared problems or attain shared goals. It spells out the terms and the consequences of these agreements and is the codification of the body's values-as represented by those present in the policymaking process. Given who's usually present, most policies reflect the political agenda of powerful elites. Yet, policy can be a force for change-especially when we bring our base and community organizing into the process.  In essence, policies are the codification of power relationships and resource allocation. Policies are the rules of the world we live in. Changing the world means changing the rules. So, if organizing is about changing the rules and building power, how can organizing be separated from policies? Can we really speak truth to power, fight the right, stop corporate abuses, or win racial justice without contesting the rules and the rulers, the policies and the policymakers?  The answer is no-and double no for people of color. Today, racism subtly dominates nearly every aspect of policymaking. From ballot propositions to city funding priorities, policy is increasingly about the control, de-funding, and disfranchisement of communities of color.  Take the public conversation about welfare reform, for example. Most of us know it isn't really about putting people to work. The right's message was framed around racial stereotypes of lazy, cheating "welfare queens" whose poverty was "cultural." But the new welfare policy was about moving billions of dollars in individual cash payments and direct services from welfare recipients to other, more powerful, social actors.  Many of us were too busy to tune into the welfare policy drama in Washington, only to find it washed up right on our doorsteps. Our members are suffering from workfare policies, new regulations, and cutoffs. Families who were barely getting by under the old rules are being pushed over the edge by the new policies. Policy doesn't get more relevant than this. And so we got involved in policy-as defense.  Yet we have to do more than block their punches. We have to start the fight with initiatives of our own. Those who do are finding offense a bit more fun than defense alone. Living wage ordinances, youth development initiatives, even gun control and alcohol and tobacco policies are finding their way onto the public agenda, thanks to focused community organizing that leverages power for community-driven initiatives.  - Over 600 local policies have been passed to regulate the tobacco industry. Local coalitions have taken the lead by writing ordinances that address local problems and organizing broad support for them.  - Nearly 100 gun control and violence prevention policies have been enacted since 1991.  - Milwaukee, Boston, and Oakland are among the cities that have passed living wage ordinances: local laws that guarantee higher than minimum wages for workers, usually set as the minimum needed to keep a family of four above poverty.  These are just a few of the examples that demonstrate how organizing for local policy advocacy has made inroads in areas where positive national policy had been stalled by conservatives. Increasingly, the local policy arena is where the action is and where activists are finding success. Of course, corporate interests-which are usually the target of these policies-are gearing up in defense. Tactics include front groups, economic pressure, and the tried and true: cold, hard cash.  Despite these barriers, grassroots organizing can be very effective at the smaller scale of local politics. At the local level, we have greater access to elected officials and officials have a greater reliance on their constituents for reelection. For example, getting 400 people to show up at city hall in just about any city in the U.S. is quite impressive. On the other hand, 400 people at the state house or the Congress would have a less significant impact. Add to that the fact that all 400 people at city hall are usually constituents, and the impact is even greater.  Recent trends in government underscore the importance of local policy. Congress has enacted a series of measures devolving significant power to state and local government. Welfare, health care, and the regulation of food and drinking water safety are among the areas where states and localities now have greater rule.  Devolution has some negative consequences to be sure. History has taught us that, for social services and civil rights in particular, the lack of clear federal standards and mechanisms for accountability lead to uneven enforcement and even discriminatory implementation of policies. Still, there are real opportunities for advancing progressive initiatives in this more localized environment. Greater local control can mean greater community power to shape and implement important social policies that were heretofore out of reach. To do so will require careful attention to the mechanics of local policymaking and a clear blueprint of what we stand for.  Much of the work of framing what we stand for takes place in the shaping of demands. By getting into the policy arena in a proactive manner, we can take our demands to the next level. Our demands can become law, with real consequences if the agreement is broken. After all the organizing, press work, and effort, a group should leave a decisionmaker with more than a handshake and his or her word. Of course, this work requires a certain amount of interaction with "the suits," as well as struggles with the bureaucracy, the technical language, and the all-too-common resistance by decisionmakers. Still, if it's worth demanding, it's worth having in writing-whether as law, regulation, or internal policy.  From ballot initiatives on rent control to laws requiring worker protections, organizers are leveraging their power into written policies that are making a real difference in their communities. Of course, policy work is just one tool in our box.

Perm solves best-
Next next level- Situated discourse is a “heteroglossia” not categorizable codes to be switched, turns the K
Susan E. Frekko Goucher College Anthropological Quarterly  Volume 84, Number 1, Winter 2011 “Containing Castilian in Catalan Talk Radio: Heteroglossia and the Projection of Monoglot Identities”
Scholars have called into question the notion of
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258). Brackets added to clarify original
Mutual respect- Both vernaculars have merit, incorporation in educational settings solves mutual respect
Jonsberg 2001 (Sara Jonsberg, teaches in the English Department at Montclair State University in New Jersey, “What's a (White) Teacher to Do about Black English?,” The English Journal, Vol. 90, No. 4, pg 51-53)
If we are going to celebrate diversity in
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work ¶ of healing misunderstandings about this language.

Our harms outweigh their link to the aff
Eckersley 2003 (Robyn Eckersley, Politics at Melbourne, The Green State p. 89-93)
Green poststructuralists have likewise sought to deconstruct the
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critical locus  on the state can remain productive.

Tournament: KY | Round: 3 | Opponent: Harvard BN | Judge: Murray
2ac
2AC T “Restriction on Pres WPA”
We meet-Indefinite detention is the determination of “enemy combatant” status and the justifications
JENNIFER K. ELSEA Congressional Research Service Presidential Studies Quarterly
Volume 33, Issue 3, Presidential Authority to Detain “Enemy Combatants”, J.D. Washington College of Law; Article first published online: 12 SEP 2003
President Bush claims the power, as Commander
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authorized the detention of “enemy ¶ combatants.”

“Restrict” is just limit
Google Dictionary
re•strict
ri?strikt/Submit
verb
1.
put a limit on; keep under control.
"some roads may have to be closed at peak times to restrict the number of visitors"

W/M- Constitutional basis is “Improper self-expansion without statutory authority”
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)

1. Step One Deference to Agency Self
   AND
   , and it reinstated the DOL rule. 111
   We’re a judicial interpretation of implied statutory limitations on “enemy combatant” status
   David J. Barron, Professor of Law, Harvard Law School, and Martin S. Lederman, Visiting Professor of Law, Georgetown University Law Center, 2008, “THE COMMANDER IN CHIEF AT THE LOWEST EBB - FRAMING THE PROBLEM, DOCTRINE, AND ORIGINAL UNDERSTANDING,” Harvard Law Review, January, pp. LN.
   4. Judicial Enforcement of Implied Statutory Restrictions
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   likely occurrence than war powers scholarship typically assumes.

intel
State shift in law enforcement’s key to prevent existential Southeast European attacks
SET 9-12 (Experts: Prevention
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/09/12/feature-02)
Officials at the Council of the European Union
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their education is the key," he said.

Case-deference

Presumption against authenticity of classified intel now—Precedent solves and spills over now is key
Benhalim 10 (The Emerging Law of Detention
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_guantanamo_wittes_chesney.pdf)
However significant the admissibility vs. weight debate
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123 Whether this option proves viable remains unclear. 

Exec deference is defunct—precedent has unquestionably shifted to the Courts
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)
C. Chevron's Detractors While the Supreme Court
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the judiciary's proper role in foreign relations." 325 

No link but we solve—Rulings are light in conclusion but heavy in practice
Vladeck 11 (Stephen I., Professor of
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“ARTICLE: THE PASSIVE-AGGRESSIVE VIRTUES”)
As al-Kidd suggests, even when
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of enemy combatants. Clearly, they have.

Cong cp
Court’s key to successful Congress push
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)
While Chevron's advocates have frequently promoted the application
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squarely within, foundational principles of administrative law.
Courts DA
The plan is DC District Court
Madhani 2011 (Aamer Madhani, June 15, 2011, “Lawmakers Sue Obama and Gates Over Libya,” National Journal, http://www.nationaljournal.com/nationalsecurity/lawmakers-sue-obama-and-gates-over-libya-20110615)
A bipartisan group of lawmakers has filed a
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respective constitutional processes” of the United States.
It’s normal means and shields Supreme Court involvement
Tobias 1993 (Carl Tobias, Professor of Law, University of Montana, September 1993, “The D.C. Circuit as a National Court,” University of Miami Law Review, Lexis)
Many aspects of the D.C.
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of Americans and have national and international ramifications.

Normal means is end-of-term announcement--- solves the link
Mondak 1992 (Jeffery J. Mondak, assistant professor of political science @ the University of Pittsburgh.  “Institutional legitimacy, policy legitimacy, and the Supreme Court.”  American Politics Quarterly, Vol. 20, No. 4, Lexis)
The process described by the political capital hypothesis
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to offset the effects of its controversial actions?
Controversial decisions boost capital
Ginsburg, 2009 (Tom Ginsburg, professor of law, the University of Chicago Law School, 9 Chi. J. Int'l L. 499, Winter, lexis)
In a recent contribution, David Law argues
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-term reputation for generating focal points. 57

Econ collapse doesn’t cause war – prefer our studies
Samuel Bazzi (Department of Economics at University of California San Diego) and Christopher Blattman (assistant professor of political science and economics at Yale University) November 2011 “Economic Shocks and Conflict: The (Absence of?) Evidence from Commodity Prices” http://www.chrisblattman.com/documents/research/2011.EconomicShocksAndConflict.pdf?9d7bd4
VI. Discussion and conclusions A. Implications
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for initially significant results than ambiguous ones.20

2AC Drone Shift
That’s already triggered the shift—aff solves
David Ignatius 10, Washington Post, "Our default is killing terrorists by drone attack. Do you care?", December 2, www.washingtonpost.com/wp-dyn/content/article/2010/12/01/AR2010120104458.html
Every war brings its own deformations, but
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, but the moral issues are the same."
No link—shift is because of difficulty of CAPTURE not conviction
Robert Chesney 11, Charles I. Francis Professor in Law at the UT School of Law as well as a non-resident Senior Fellow at Brookings, "Examining the Evidence of a Detention-Drone Strike Tradeoff", October 17, www.lawfareblog.com/2011/10/examining-the-evidence-of-a-detention-drone-strike-tradeoff/
Yesterday Jack linked to this piece by Noah
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something much more complex and difficult to measure.

No SCS conflict—economics and deterrence
Creehan 12 – Senior Editor of the SAIS (school of advanced international studies, johns Hopkins) Review of International Affairs (Sean, “Assessing the Risks of Conflict in the South China Sea,” Winter/Spring, SAIS Review, Vol. 32, No. 1)
Regarding Secretary Clinton’s first requirement, the risk
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significant changes to the status quo are unlikely. 

Abolition
Court action is a key rallying point that catalyzes social change (blue)
Burstein 1991 Paul Burstein, pub. date: 1991, Professor of sociology and political science at the University of Washington, “Legal Mobilization as a Social Movement Tactic: The Struggle for Equal Employment Opportunity”,  JSTOR
What types of actions should we examine?
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analysts to report how critical court decisions are.
Courts have an obligation to restrict indefinite detention authority (blue)
Steyn 2003 (Johan Steyn, A Lord of Appeal in Ordinary, November 25, 2003, Twenty-Seventh FA Mann Lecture British Institute of International and Comparative Law and Herbert Smith, Lincoln’s Inn Old Hall, http://www.pegc.us/archive/Articles/Steyn_London_20031125.pdf)
The most powerful democracy is detaining hundreds of
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institutions from close scrutiny and¶ accountability”.7
External institutional checks on pres war powers are effective
Aziz Z. Huq 12, Assistant Professor of Law, University of Chicago Law School, "Binding the Executive (by Law or by Politics)", May 25, www.law.uchicago.edu/files/file/400-ah-binding.pdf
Paulson ’ s genuflection and Obama ’ s
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rules will prove effective in limiting such discretion.

1ar
k
The War on Terrorism is not constructed, nor can it be deterred. Our criticisms of the government won’t deter those who are ready to strike us.
Jean Bethke Elshtain and Laura- Rockefeller Spelman
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School) 2003 “Just War Against Terrorism”
Certain critical events in the past remind us
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the threat it poses would not be deterred.

State shift in law enforcement’s key to prevent existential Southeast European attacks
SET 9-12 (Experts: Prevention
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/09/12/feature-02)
Officials at the Council of the European Union
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their education is the key," he said.

Tournament: KY | Round: 5 | Opponent: Liberty CC | Judge: Herndon
*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. 

EU Intel Sharing
Clear signal for low evidentiary bar now—habeas wins on circumstantial evidence
Linzer 11 (Appeals Court Makes It Easier
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-to-hold-gitmo-detainees)
In a decision that will likely make it
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a mosaic of incriminating facts,” he wrote.

Law enforcement shift and evidentiary review 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)
Detainee Issues and Civil Liberties U.S
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certain prisoners were too dangerous to be released. 

EU judicial and intelligence 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
Deference
Courts accept classified docs in habeas hearings now and BALK at hearsay and statements which would be offered otherwise
Benhalim 10 (The Emerging Law of Detention
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_guantanamo_wittes_chesney.pdf)
In conceptual terms, Judge Kessler’s hearsay jurisprudence
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level of confidence that hearsay allegations are accurate. 

It’s a big issue of deference—aff solves the accordance of special weight to executive evidence
Benhalim 10 (The Emerging Law of Detention
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_guantanamo_wittes_chesney.pdf)
Both government and habeas counsel are also pushing
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whether the evidentiary dispute concerns hearsay or not.

Intel reliability pushes now—precedent’s key
Benhalim 10 (The Emerging Law of Detention
AND
_guantanamo_wittes_chesney.pdf)
While the government complains that Judge Kessler gives
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it adopts a more closely-scrutinizing approach.

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: 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)
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
AND
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.

Hegemony solves great power wars
Thayer 2006 (Bradley A. Thayer, Missouri State University Defense and Strategic Studies Institute, November/December, 2006 “In Defense of Primacy,” NATIONAL INTEREST Issue 86)
THROUGHOUT HISTORY, peace and stability have been
AND
humanitarian missions are the equivalent of a blitzkrieg.
Decline causes numerous nuclear wars
Brzezinski 2012 Zbigniew K. Brzezinski (CSIS counselor and trustee and cochairs the CSIS Advisory Board. He is also the Robert E. Osgood Professor of American Foreign Policy at the School of Advanced International Studies, Johns Hopkins University, in Washington, D.C. He is cochair of the American Committee for Peace in the Caucasus and a member of the International Advisory Board of the Atlantic Council. He is a former chairman of the American-Ukrainian Advisory Committee. He was a member of the Policy Planning Council of the Department of State from 1966 to 1968; chairman of the Humphrey Foreign Policy Task Force in the 1968 presidential campaign; director of the Trilateral Commission from 1973 to 1976; and principal foreign policy adviser to Jimmy Carter in the 1976 presidential campaign. From 1977 to 1981, Dr. Brzezinski was national security adviser to President Jimmy Carter. In 1981, he was awarded the Presidential Medal of Freedom for his role in the normalization of U.S.-China relations and for his contributions to the human rights and national security policies of the United States. He was also a member of the President’s Chemical Warfare Commission (1985), the National Security Council–Defense Department Commission on Integrated Long-Term Strategy (1987–1988), and the President’s Foreign Intelligence Advisory Board (1987–1989). In 1988, he was cochairman of the Bush National Security Advisory Task Force, and in 2004, he was cochairman of a Council on Foreign Relations task force that issued the report Iran: Time for a New Approach. Dr. Brzezinski received a B.A. and M.A. from McGill University (1949, 1950) and Ph.D. from Harvard University (1953). He was a member of the faculties of Columbia University (1960–1989) and Harvard University (1953–1960). Dr. Brzezinski holds honorary degrees from Georgetown University, Williams College, Fordham University, College of the Holy Cross, Alliance College, the Catholic University of Lublin, Warsaw University, and Vilnius University. He is the recipient of numerous honors and awards) February 2012 “After America” http://www.foreignpolicy.com/articles/2012/01/03/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.

BOP fights now
Benhalim 10 (The Emerging Law of Detention
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_guantanamo_wittes_chesney.pdf)
Burden of Proof The consensus among the lower
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only if the preponderance standard is too tough. 

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.

XXClassified docs in detention habeas trials key to mosaic preponderance—it’s a judicial abomination
Benhalim 10 (The Emerging Law of Detention
AND
_guantanamo_wittes_chesney.pdf)
The idea of a “mosaic theory”
AND
and certainly cannot govern the Court’s ruling.”202

XXAff forces individual sufficiency of evidence—breaks the tiles
Benhalim 10 (The Emerging Law of Detention
AND
_guantanamo_wittes_chesney.pdf)
One can read this language in one of
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answered by Judge Leon in El Gharani. 205

Plan
The United States federal judiciary should restrict the war powers authority of the President of the United States to indefinitely detain using circumstantial evidence.

2ac
Case-intel
No dangerous release—don’t change cases with sound evidence
Wittes 12 (The Emerging Law of Detention
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20full20text20update32913.pdf)
Judge Laurence Silberman recently added his voice to
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preponderance standard is unneeded, almost naïve.73
Case-def
Relationships are vitiated during detention for those released—release prospects greatly increase cooperation
Benhalim 10 (The Emerging Law of Detention
AND
_guantanamo_wittes_chesney.pdf)
Relationship Vitiated After Capture Whereas Al Ginco,
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—serves to vitiate a conceded prior relationship. 

ICC CP

Supreme Court key
Feldman 2008 (Noah Feldman, law professor at Harvard University and an adjunct senior fellow at the Council on Foreign Relations, September 28, 2008, “When Judges Make Foreign Policy,” New York Times, http://www.nytimes.com/2008/09/28/magazine/28law-t.html?pagewanted=alland_r=0)
Every generation gets the Constitution that it deserves
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what is somewhat optimistically called the international order.
 
National courts are better than international courts
Downs 2009 (Eyal Benvenisti, Professor of Law, Tel Aviv University, and George W. Downs, Professor of Politics, New York University, “National Courts, Domestic Democracy, and the Evolution of International Law,” European Journal of International Law, Vol. 20 No. 1 , 59 – 72)
Under these conditions the continued deference on the
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concerns and levels of ¶ scrutiny. 8   
Iran DA

Exec deference is defunct—precedent has unquestionably shifted to the Courts
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)
C. Chevron's Detractors While the Supreme Court
AND
the judiciary's proper role in foreign relations." 325 

No link but we solve—Rulings are light in conclusion but heavy in practice
Vladeck 11 (Stephen I., Professor of
AND
“ARTICLE: THE PASSIVE-AGGRESSIVE VIRTUES”)
As al-Kidd suggests, even when
AND
of enemy combatants. Clearly, they have.

Refinement is not restriction—taming deference maintains its credibility
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)
III. Guarding Chevron's Borders in National Security
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preserved its relevance to the national security context.

Iran will not miscalculate or be aggressive – too many checks in the system
Boroujerdi and Fine 2007 – 57 Syracuse L Rev 619
The  potential for groupthink miscalculations  is also thwarted
AND
a boldly offensive or  miscalculated action less realistic.
2AC Drone Shift
That’s already triggered the shift—aff solves
David Ignatius 10, Washington Post, "Our default is killing terrorists by drone attack. Do you care?", December 2, www.washingtonpost.com/wp-dyn/content/article/2010/12/01/AR2010120104458.html
Every war brings its own deformations, but
AND
, but the moral issues are the same."
No link—shift is because of difficulty of CAPTURE not conviction
Robert Chesney 11, Charles I. Francis Professor in Law at the UT School of Law as well as a non-resident Senior Fellow at Brookings, "Examining the Evidence of a Detention-Drone Strike Tradeoff", October 17, www.lawfareblog.com/2011/10/examining-the-evidence-of-a-detention-drone-strike-tradeoff/
Yesterday Jack linked to this piece by Noah
AND
something much more complex and difficult to measure.
Countries won’t follow the US in terms of drone policy
Kenneth Anderson 11, Professor of International Law at American University, 10/9/11, “What Kind of Drones Arms Race Is Coming?,” http://www.volokh.com/2011/10/09/what-kind-of-drones-arms-race-is-coming/#more-51516
New York Times national security correspondent Scott Shane
AND
China. The predicament is put this way:
Eventually, the United States will face a
AND
citizens, who are viewed as a threat.
“Is this the world we want to
AND
Foreign Relations. “Because we’re creating it.”
By asserting that “we’re” creating it
AND
was, in objective terms, our enemy?)
It sounds like it must be true.
AND
“arms race” surrounding drones will be.
Unmanned aerial vehicles have clearly got a big
AND
developing them will be able to do so.
But the point is that this was happening
AND
, putting some kind of bomb on it.
Moving on from the avionics, weaponizing the
AND
with weapons technologies that are … more discriminating.

2AC Debt Ceiling Reg
Debt ceiling won’t pass because of election fears and Obama’s approach prolongs Republican backlash
Kaplan 10-3-13 Rebecca
AND 

As the government shutdown enters its third day
AND
more areas where they can look for victory.

Shutdown crushes Obama’s agenda
O’Brien 10/1 (Michael O'Brien 10/1, "Winners and losers of the government shutdown", 2013, nbcpolitics.nbcnews.com/_news/2013/10/01/20763839-winners-and-losers-of-the-government-shutdown?lite)

Obama¶ The fiscal fight is a double
AND
comprehensive immigration reform, are on life support.

Iran sanctions thumps
Washington Post 10-4 http://www.washingtonpost.com/blogs/right-turn/wp/2013/10/04/iran-sanctions-tussle/
Okay. And then one other thing:
AND
Senate to slow its movement on additional sanctions?

Political influence does nothing
The Economist, 10/1/13, Will voters punish the Republicans?, www.economist.com/blogs/democracyinamerica/2013/10/shutdown
THE federal-government shutdown that started this
AND
means we're in for a very rocky year.
Polls so far are suggesting that the general
AND
but because Democrats have dropped to meet them.
Meanwhile, we can safely assume that the
AND
no longer demands the complete defunding of Obamacare.
There is no equivalent on the moderate-
AND
levers, but they aren't attached to anything."
In other words, it's hard to see
AND
least. Why mess with a winning formula?
The upshot is that even if the broad
AND
probably in for a pretty lousy political year.

Court Means-limitation avoids politics
Geltzer 11 (Boalt Hall School of Law, University of California, Berkeley 2011 Berkeley Journal of International Law 29 Berkeley J. Int'l L. 94 Decisions Detained: The Courts' Embrace of Complexity in Guantanamo-Related Litigation NAME: Joshua Alexander Geltzer a third-year student at Yale Law School, where he is editor-in-chief of the Yale Law Journal. He received his Ph.D. in War Studies from King's College London. His dissertation was published by Routledge as US Counter-Terrorism Strategy and al-Qaeda: Signalling and the Terrorist World-View. Lexis)
B. Avoiding Conflict with the Political Branches
AND
- conflict that the judiciary might well lose.

They just decided a whole slew of controversial cases
Wolf 2013 (Richard Wolf, August 12, 2013, “Supreme Court urged to open up,” USA Today, http://www.usatoday.com/story/news/nation/2013/08/12/supreme-court-urged-to-allow-cameras/2644779/)
A year-long string of controversial cases
AND
Kendall, president of the Constitutional Accountability Center.
Plan is a huge win for Obama
Catalini 2013 (Michael Catalini, May 30, 2013, “Political Barriers Stand Between Obama and Closing Guantanamo Facility,” http://www.nationaljournal.com/politics/political-barriers-stand-between-obama-and-closing-guantanamo-facility-20130503)
The Cuban camp is grabbing headlines again because
AND
the time, remembers the debate very well.

Plan’s announced in June
Reuters 2013 (Jewish Daily, June 21, 2013, “Supreme Tension as Big Cases Loom for Top Court,” http://forward.com/articles/179046/supreme-tension-as-big-cases-loom-for-top-court/?p=all#ixzz2cuIQ3iXH)
Despite the mystery over how the nine justices
AND
Bader Ginsburg has called June “flood season.”

No impact
O'Toole 9/30/13 (James, CNN Money Writer, "Rating Agencies An Afterthought in Debt Ceiling Fight")
No one can predict exactly what the consequences
AND
create a cascade of selling," he said. 

Econ collapse doesn’t cause war – prefer our studies
Samuel Bazzi (Department of Economics at University of California San Diego) and Christopher Blattman (assistant professor of political science and economics at Yale University) November 2011 “Economic Shocks and Conflict: The (Absence of?) Evidence from Commodity Prices” http://www.chrisblattman.com/documents/research/2011.EconomicShocksAndConflict.pdf?9d7bd4
VI. Discussion and conclusions A. Implications
AND
for initially significant results than ambiguous ones.20

1ar
Drone shift
*Status quo detention triggers the link—aff’s key to solve
Craig Whitlock 13, Washington Post, "Renditions continue under Obama, despite due-process concerns", January 1, articles.washingtonpost.com/2013-01-01/world/36323571_1_obama-administration-interrogation-drone-strikes
The three European men with Somali roots were
AND
complex, represent one of the few alternatives.
pltx
Means-limitation doesn’t link to politics—the SPIN is key
Geltzer 11 (Boalt Hall School of Law, University of California, Berkeley 2011 Berkeley Journal of International Law 29 Berkeley J. Int'l L. 94 Decisions Detained: The Courts' Embrace of Complexity in Guantanamo-Related Litigation NAME: Joshua Alexander Geltzer a third-year student at Yale Law School, where he is editor-in-chief of the Yale Law Journal. He received his Ph.D. in War Studies from King's College London. His dissertation was published by Routledge as US Counter-Terrorism Strategy and al-Qaeda: Signalling and the Terrorist World-View. Lexis)
Avoiding Political Questions As previously mentioned, American
AND
and military commissions on or near American soil.

Economic collapse doesn’t cause war – no causal connection
Thomas P.M. Barnett (senior
AND
financial-crisis-398-bl.aspx
When the global financial crisis struck roughly a
AND
apace. That's what the Internet is for.

Tournament: KY | Round: 8 | Opponent: JMU CP | Judge: Bellon
2AC
T
We meet-Indefinite detention is the determination of “enemy combatant” status and the justifications
JENNIFER K. ELSEA Congressional Research Service Presidential Studies Quarterly
Volume 33, Issue 3, Presidential Authority to Detain “Enemy Combatants”, J.D. Washington College of Law; Article first published online: 12 SEP 2003
President Bush claims the power, as Commander
AND
authorized the detention of “enemy ¶ combatants.”

W/M- Constitutional basis is “Improper self-expansion without statutory authority”
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)

1. Step One Deference to Agency Self
   AND
   , and it reinstated the DOL rule. 111
   Case-intel
   Latest IAEA assessment concludes the threat is under-estimated
   Reuters 2013 (South China Morning Post, July 3, 2013, “Nuclear terrorism still a danger, warns IAEA,” http://www.scmp.com/news/world/article/1274089/nuclear-terrorism-still-danger-warns-international-atomic-energy-agency)
   More action is needed to stop militants acquiring
   AND
   missing and is never found," he said.

State shift in law enforcement’s key to prevent existential Southeast European attacks
SET 9-12 (Experts: Prevention
AND
/09/12/feature-02)
Officials at the Council of the European Union
AND
their education is the key," he said.

Case-def
Costs are contextually marginal—withdrawal is way worse
Kagan 12 (Not Fade Away The myth
AND
, http://goo.gl/SEyOM)
If we are serious about this exercise in
AND
involvement in the world than to reduce it.

Sustainable—econ and military—short term snapshots are insufficient
Kagan 12 (Not Fade Away The myth
AND
, http://goo.gl/SEyOM)
Powerful as this sense of decline may be
AND
, but that moment has not yet arrived.

2AC Executive CP

Links to politics—Prez reports the CP to Congress—status of hostilities
Bradley and Goldsmith 5 (ARTICLE: CONGRESSIONAL AUTHORIZATION AND THE WAR ON TERRORISM NAME: Curtis A. and Jack L. , * Professor, University of Virginia School of Law.  Professor, Harvard Law School. We both recently worked in the Executive Branch. Bradley served as Counselor on International Law in the Legal Adviser's Office of the Department of State Goldsmith served as Special Counsel to the General Counsel of the Department of Defense and as Assistant Attorney General, Office of Legal Counsel. Copyright (c) 2005 The Harvard Law Review Association Harvard Law Review May, 2005 118 Harv. L. Rev. 2047. Lexis)
The AUMF is arguably more restrictive in one
AND
exercise of his authority under the AUMF. 147

Court rulings on the ground of “congressional authorization” imply executive restraint and solve better—legal precedent proves
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)
Although the underlying theory of deference in Curtiss
AND
Congress for a second pass at the question.

2AC Debt Ceiling Reg
Debt ceiling won’t pass because of election fears and Obama’s approach prolongs Republican backlash- star this card
Kaplan 10-3-13 Rebecca
AND 

As the government shutdown enters its third day
AND
more areas where they can look for victory.

Iran sanctions thumps
Washington Post 10-4 http://www.washingtonpost.com/blogs/right-turn/wp/2013/10/04/iran-sanctions-tussle/
Okay. And then one other thing:
AND
Senate to slow its movement on additional sanctions?

Political influence does nothing
The Economist, 10/1/13, Will voters punish the Republicans?, www.economist.com/blogs/democracyinamerica/2013/10/shutdown
THE federal-government shutdown that started this
AND
means we're in for a very rocky year.
Polls so far are suggesting that the general
AND
but because Democrats have dropped to meet them.
Meanwhile, we can safely assume that the
AND
no longer demands the complete defunding of Obamacare.
There is no equivalent on the moderate-
AND
levers, but they aren't attached to anything."
In other words, it's hard to see
AND
least. Why mess with a winning formula?
The upshot is that even if the broad
AND
probably in for a pretty lousy political year.

Courts don’t link to politics- avoids political fallout
Whittington 2005 (Keith E. Whittington, Professor of Politics - Princeton University, "Interpose Your Friendly Hand: Political Supports for the Exercise of Judicial Review by the United States Supreme Court”, The American Political Science Review, Nov., (99)4, p. 583)
There are some issues that politicians cannot easily
AND
taken, as illustrated in the following case. 

Means-limitation solves the link
Geltzer 11 (Boalt Hall School of Law, University of California, Berkeley 2011 Berkeley Journal of International Law 29 Berkeley J. Int'l L. 94 Decisions Detained: The Courts' Embrace of Complexity in Guantanamo-Related Litigation NAME: Joshua Alexander Geltzer a third-year student at Yale Law School, where he is editor-in-chief of the Yale Law Journal. He received his Ph.D. in War Studies from King's College London. His dissertation was published by Routledge as US Counter-Terrorism Strategy and al-Qaeda: Signalling and the Terrorist World-View. Lexis)
B. Avoiding Conflict with the Political Branches
AND
- conflict that the judiciary might well lose.

Plan is a huge win for Obama
Catalini 2013 (Michael Catalini, May 30, 2013, “Political Barriers Stand Between Obama and Closing Guantanamo Facility,” http://www.nationaljournal.com/politics/political-barriers-stand-between-obama-and-closing-guantanamo-facility-20130503)
The Cuban camp is grabbing headlines again because
AND
the time, remembers the debate very well.

Plan’s announced in June
Reuters 2013 (Jewish Daily, June 21, 2013, “Supreme Tension as Big Cases Loom for Top Court,” http://forward.com/articles/179046/supreme-tension-as-big-cases-loom-for-top-court/?p=all#ixzz2cuIQ3iXH)
Despite the mystery over how the nine justices
AND
Bader Ginsburg has called June “flood season.”

No Debt ceiling impact
O'Toole 9/30/13 (James, CNN Money Writer, "Rating Agencies An Afterthought in Debt Ceiling Fight")
No one can predict exactly what the consequences
AND
create a cascade of selling," he said. 

Econ collapse doesn’t cause war – prefer our studies
Samuel Bazzi (Department of Economics at University of California San Diego) and Christopher Blattman (assistant professor of political science and economics at Yale University) November 2011 “Economic Shocks and Conflict: The (Absence of?) Evidence from Commodity Prices” http://www.chrisblattman.com/documents/research/2011.EconomicShocksAndConflict.pdf?9d7bd4
VI. Discussion and conclusions A. Implications
AND
for initially significant results than ambiguous ones.20

K
Ontology does not come first.
David Owen Millennium Journale of international studies 2002
AND 

 On Pragmatism, Pluralism and Practical Reasoning”
Commenting on the ‘philosophical turn’ in IR
AND
pursuit of generality over that of empirical validity. 

Plan is aimed at leaders not the public- we’re the good kind
Stephen Lee, 3-1-1996, Cambridge University Press, “Morality, Prudence, and Nuclear Weapons,” p. 327
The prospects for the delegitimation of nuclear weapons
AND
that talking about it succeeds only in frightening people

Fear of nuclear annihilation is key to prevent future violence with newer weapons
J. A. H. Futterman,
AND
scriptorium/nuke.html, UK: Fisher
But the inhibitory effect of reliable nuclear weapons
AND
sense of urgency that it might otherwise lack.

Theories of desensitization are false – extreme images of suffering re-sensitize and motivate action
Stanley Cohen (Emeritus Professor of Sociology at
AND
States of Denial: Knowing About Atrocities and Suffering
Taken individually, the elements of the desensitization
AND
you to buy a cornflower-blue sweater. 

Desensitization should not deter us from taking measures to help others
Susan D. Moeller (Assistant Professor in
AND
, Famine, War and Death.” Pages 319
Compassion fatigue should not be allowed to constrain
AND
) can only help Americans become more engaged. 

1ar
t
We also meet statutory restriction--We’re a judicial interpretation of implied statutory limitations on “enemy combatant” status
David J. Barron, Professor of Law, Harvard Law School, and Martin S. Lederman, Visiting Professor of Law, Georgetown University Law Center, 2008, “THE COMMANDER IN CHIEF AT THE LOWEST EBB - FRAMING THE PROBLEM, DOCTRINE, AND ORIGINAL UNDERSTANDING,” Harvard Law Review, January, pp. LN.
4. Judicial Enforcement of Implied Statutory Restrictions
AND
likely occurrence than war powers scholarship typically assumes.
K
No impact from numbing
Craig Summers, Mount Allison University, Nuclear
AND
the Psychology of the Nuclear Age” Spring 1991
The logic followed in the book is that
AND
in our day-to-day lives.

Tournament: KY | Round: 5 | Opponent: LIberty CC | Judge:
The United States federal judiciary should restrict the war powers authority of the President of the United States to indefinitely detain using circumstantial evidence.

Tournament: ky | Round: 3 | Opponent: harvard bn | Judge:
The United States federal judiciary should restrict the indefinite detention war powers authority of the President of the United States to determine status using circumstantial evidence.

Tournament: UCO | Round: 1 | Opponent: Kansas HW | Judge: Munday

*1AC*

Gray area now on domestic arrests skews lower courts and funnels suspects into the civilian system

Elsea 13 (Detention of U.S. Persons as Enemy Belligerents Jennifer K. Elsea Legislative Attorney July 25, 2013 Congressional Research Service http://www.fas.org/sgp/crs/natsec/R42337.pdf)
A majority of the Hamdi Court appears to have accepted the view that, in
AND
who fought alongside enemy forces against the United States on a foreign battlefield. 

EU Intel Sharing

Law enforcement shift through right to compensation key to implement European derogation model

Cassel 8 (Journal of Criminal Law and Criminology Volume 98 Issue 3 Article 3 Spring 2008 Pretrial and Preventive Detention of Suspected Terrorists: Options and Constraints under International Law Douglass Cassel Professor of Law; Director, Center for Civil and Human Rights, Notre Dame Law School. http://www.law.northwestern.edu/journals/jclc/backissues/v98/n3/9803_811.Cassel.pdf)
VIII.CONCLUSION Because of the difficulties in relying exclusively on criminal prosecution to confront
AND
and abuse of others who 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 Cooperation Against Terrorism Kristin Archick Specialist in European Affairs September 4, 2013 Congressional Research Service http://www.fas.org/sgp/crs/row/RS22030.pdf)
Detainee Issues and Civil Liberties U.S. and European officials alike maintain that
AND
detainees, but maintained that certain prisoners were too dangerous to be released. 

Damages allowance key to counterterror precedent

Vladeck 13 (Unlawfully Detained by the U.S. Government? Don’t Bother Suing. BY STEVE VLADECK professor of law and the associate dean for scholarship at American University Washington College of Law. SECURITY STATES OCTOBER 17, 2013 http://www.newrepublic.com/article/115216/unlawful-detainment-lawsuits-against-us-government-keep-failing)
First, from the plaintiffs’ perspectives, such decisions have the effect, if not
AND
counterterrorism cases, it may 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 Cooperation Against Terrorism Kristin Archick Specialist in European Affairs September 4, 2013 Congressional Research Service http://www.fas.org/sgp/crs/row/RS22030.pdf)
The September 11, 2001, terrorist attacks on the United States and the subsequent
AND
," as well as a plan to combat radicalization and terrorist recruitment.2

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 26 Terrorism, Volume 33, Issue 7, July, Available Online to Subscribing Institutions via InformaWorld)
A terrorist nuclear attack, and even the use of nuclear weapons in response by
AND
for the terrorists. This 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 Cooperation Against Terrorism Kristin Archick Specialist in European Affairs September 4, 2013 Congressional Research Service http://www.fas.org/sgp/crs/row/RS22030.pdf)
At the same time, the Obama Administration has faced significant challenges in its efforts
AND
security. Press reports indicate that 164 detainees currently remain at Guantánamo.54

Deference

Congressional cause of action resolves court dismissal of damages suits—key to national security accountability

Vladeck 13 (Unlawfully Detained by the U.S. Government? Don’t Bother Suing. BY STEVE VLADECK professor of law and the associate dean for scholarship at American University Washington College of Law. SECURITY STATES OCTOBER 17, 2013 http://www.newrepublic.com/article/115216/unlawful-detainment-lawsuits-against-us-government-keep-failing)
Last Monday, on the same day as the opening of the new Supreme Court
AND
has three especially pernicious consequences 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) Holding in Al-Zahrani By Steve Vladeck professor of law and the associate dean for scholarship at American University Washington College of Law. Tuesday, February 21, 2012 at 2:47 PM http://www.lawfareblog.com/2012/02/the-subtle-new-constitutional-holding-in-al-zahrani/)
Given Ben’s report on the oral argument, today’s fairly cryptic D.C.
AND
would have you believe, 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: 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)
B. Congressional Remands After 9/11 Once the post-9/11
AND
-strong" deference championed 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 executive branch flexibility, and the institutional
AND
the U.S. 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=all26src=pm)
Today a darker possibility looms. A great philosophical schism has opened within the West
AND
its great power on behalf of its principles and all who share them.

Hegemony solves great power wars

Thayer 2006 (Bradley A. Thayer, Missouri State University Defense and Strategic Studies Institute, November/December, 2006 "In Defense of Primacy," NATIONAL INTEREST Issue 86)
THROUGHOUT HISTORY, peace and stability have been great benefits of an era where there
AND
, for the United States humanitarian missions are the equivalent of a blitzkrieg.

Decline causes numerous nuclear wars

Brzezinski 2012 Zbigniew K. Brzezinski (CSIS counselor and trustee and cochairs the CSIS Advisory Board. He is also the Robert E. Osgood Professor of American Foreign Policy at the School of Advanced International Studies, Johns Hopkins University, in Washington, D.C. He is cochair of the American Committee for Peace in the Caucasus and a member of the International Advisory Board of the Atlantic Council. He is a former chairman of the American-Ukrainian Advisory Committee. He was a member of the Policy Planning Council of the Department of State from 1966 to 1968; chairman of the Humphrey Foreign Policy Task Force in the 1968 presidential campaign; director of the Trilateral Commission from 1973 to 1976; and principal foreign policy adviser to Jimmy Carter in the 1976 presidential campaign. From 1977 to 1981, Dr. Brzezinski was national security adviser to President Jimmy Carter. In 1981, he was awarded the Presidential Medal of Freedom for his role in the normalization of U.S.-China relations and for his contributions to the human rights and national security policies of the United States. He was also a member of the President’s Chemical Warfare Commission (1985), the National Security Council–Defense Department Commission on Integrated Long-Term Strategy (1987–1988), and the President’s Foreign Intelligence Advisory Board (1987–1989). In 1988, he was cochairman of the Bush National Security Advisory Task Force, and in 2004, he was cochairman of a Council on Foreign Relations task force that issued the report Iran: Time for a New Approach. Dr. Brzezinski received a B.A. and M.A. from McGill University (1949, 1950) and Ph.D. from Harvard University (1953). He was a member of the faculties of Columbia University (1960–1989) and Harvard University (1953–1960). Dr. Brzezinski holds honorary degrees from Georgetown University, Williams College, Fordham University, College of the Holy Cross, Alliance College, the Catholic University of Lublin, Warsaw University, and Vilnius University. He is the recipient of numerous honors and awards) February 2012 "After America" http://www.foreignpolicy.com/articles/2012/01/03/after_america?page=0,0
For if America falters, the world is unlikely to be dominated by a single
AND
policy — or start bracing 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 Civil Libertarianism Although certain Chevron-backers
AND
rule-of-law 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 the domestic and national security contexts,
AND
field of law that is often bereft of clear procedural and substantive guidelines.

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

Tournament: UMKC | Round: 4 | Opponent: UNLV JS | Judge: Osborn
Slv
No link but we solve—Rulings are light in conclusion but heavy in practice
Vladeck 11 (Stephen I., Professor of
AND
“ARTICLE: THE PASSIVE-AGGRESSIVE VIRTUES”)
As al-Kidd suggests, even when
AND
of enemy combatants. Clearly, they have.

Refinement is not restriction—taming deference maintains its credible relevance
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)
III. Guarding Chevronand#39;s Borders in National Security
AND
preserved its relevance to the national security context.
Assign warming zero percent probability – flawed models and predictions
Craig D. Idso (founder and chairman
AND
education/reports/prudentpath/prudentpath.pdf
As presently constituted, earth’s atmosphere contains just
AND
meet the much greater challenge to which they aspire

Case-eu
Relationships are vitiated during detention for those released—release prospects greatly increase cooperation
Benhalim 10 (The Emerging Law of Detention
AND
_guantanamo_wittes_chesney.pdf)
Relationship Vitiated After Capture Whereas Al Ginco,
AND
—serves to vitiate a conceded prior relationship. 

Intel’s the bigger internal link
Thiessen 2011 (Marc A. Thiessen, visiting fellow at AEI, November 18, 2011, “We need a terrorist detention and interrogation policy,” American Enterprise Institute, http://www.aei.org/article/foreign-and-defense-policy/terrorism/we-need-a-terrorist-detention-and-interrogation-policy/)
The problem with this approach is: dead
AND
has a policy of terrorist catch and release. 

State shift in law enforcement’s key to prevent existential Southeast European attacks
SET 9-12 (Experts: Prevention
AND
/09/12/feature-02)
Officials at the Council of the European Union
AND
their education is the key,and#34; he said.

No dangerous release—don’t change cases with sound evidence
Wittes 12 (The Emerging Law of Detention
AND
20full20text20update32913.pdf)
Judge Laurence Silberman recently added his voice to
AND
preponderance standard is unneeded, almost naïve.73

Def
Sustainable—econ and military—short term snapshots are insufficient
Kagan 12 (Not Fade Away The myth
AND
, http://goo.gl/SEyOM)
Powerful as this sense of decline may be
AND
, but that moment has not yet arrived.

No US/China war—It’s in neither country’s best interest
Ackerman 2011 (Robert Ackerman, May 10, 2011, “War Between China, U.S. Not Likely,” http://www.afcea.org/signal/signalscape/index.php/2011/05/10/11510/)
The United States and China are not likely
AND
, which has economic problems of its own.

Con Con CP

Supreme Court key to intl model
Feldman 2008 (Noah Feldman, law professor at Harvard University and an adjunct senior fellow at the Council on Foreign Relations, September 28, 2008, “When Judges Make Foreign Policy,” New York Times, http://www.nytimes.com/2008/09/28/magazine/28law-t.html?pagewanted=alland_r=0)
Every generation gets the Constitution that it deserves
AND
what is somewhat optimistically called the international order.

Links to politics
Kachimba 2011 (Larry Kachimba, writer for Op Ed News, August 25, 2011, “Five reasons why a constitutional amendment is the wrong way to get money out of politics,” http://www.opednews.com/articles/Five-reasons-why-a-constit-by-Larry-Kachimba-110825-578.html)
3.  Attempting a constitutional amendment is wasteful
AND
its power at every stage of this process. 

Court’s key to successful Congress push
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)
While Chevronand#39;s advocates have frequently promoted the application
AND
squarely within, foundational principles of administrative law.

Legitimacy is key to failed states
Loomis 2008 (Andrew Joseph Loomis, PhD in Government from Georgetown, August 4, 2008, “LEVERAGING LEGITIMACY IN  SECURING U.S. LEADERSHIP: NORMATIVE DIMENSIONS OF HEGEMONIC AUTHORITY,” http://repository.library.georgetown.edu/bitstream/handle/10822/553090/loomisAndrewJoseph.pdf?sequence=1)
The results of this study suggest that U
AND
U.S. leadership among its allies.
Extinction
Manwaring 2005 (Max G. Manwaring,
AND
October 2005, pg. PUB628.pdf)
President Chávez also understands that the process leading
AND
global security, peace, and prosperity.65

Narrow limits force Congressional re-authorization and check authority roll-out
Geltzer 11 (Boalt Hall School of Law, University of California, Berkeley 2011 Berkeley Journal of International Law 29 Berkeley J. Intand#39;l L. 94 Decisions Detained: The Courtsand#39; Embrace of Complexity in Guantanamo-Related Litigation NAME: Joshua Alexander Geltzer a third-year student at Yale Law School, where he is editor-in-chief of the Yale Law Journal. He received his Ph.D. in War Studies from Kingand#39;s College London. His dissertation was published by Routledge as US Counter-Terrorism Strategy and al-Qaeda: Signalling and the Terrorist World-View. Lexis)
In the end, the courtsand#39; embrace of
AND
up with the Guantanamo that they really wanted.

2AC Debt Ceiling Reg
They’ve got nothing—polarization and deficit reductions are the nail in the coffin for now
Weisman 9-12 (Boehner Seeking Democrats’ Help on Fiscal Talks By JONATHAN WEISMAN
Published: September 12, 2013 http://
AND
-deal.html?_r=0)
Senator Richard J. Durbin of Illinois,
AND
something to report, we’ll let you know.”

No vote coming—no GOP base and Dems polarized
Weisman 9-12 (Boehner Seeking Democrats’ Help on Fiscal Talks By JONATHAN WEISMAN
Published: September 12, 2013 http://
AND
-deal.html?_r=0)
It was delayed indefinitely as House Republicans resumed
AND
that many Republicans had lost touch with reality.

PC doesn’t solve and the perception of talks causes the DA
Everett 13 (Lew reiterates Obama wonand#39;t negotiate
AND
-debt-limit-169332.html)
Treasury Secretary Jack Lew says President Barack Obama
AND
full faith and credit of the United States.and#34;

No downgrade impact – credit rating agencies are unconcerned due to deficit cuts
Dan Weil 9-13 Credit Ratings Agencies More Sanguine About Debt Limit This Year Friday, 13 Sep 2013 08:28 AM http://www.moneynews.com/Economy/Credit-ratings-S-P-Congress/2013/09/13/id/525502#ixzz2emJAwe3T
As Congress and the White House fought over
AND
and#39;OK, does it really matter?and#39;and#34; 

Means limitation avoids politics
Geltzer 11 (Boalt Hall School of Law, University of California, Berkeley 2011 Berkeley Journal of International Law 29 Berkeley J. Intand#39;l L. 94 Decisions Detained: The Courtsand#39; Embrace of Complexity in Guantanamo-Related Litigation NAME: Joshua Alexander Geltzer a third-year student at Yale Law School, where he is editor-in-chief of the Yale Law Journal. He received his Ph.D. in War Studies from Kingand#39;s College London. His dissertation was published by Routledge as US Counter-Terrorism Strategy and al-Qaeda: Signalling and the Terrorist World-View. Lexis)
B. Avoiding Conflict with the Political Branches
AND
- conflict that the judiciary might well lose.

Congress gets involved but solves politics
Breyer 6 (Concurring Opinion, Justice Stephen Breyer and Anthony Kennedy, in part; SALIM AHMED HAMDAN, Petitioner v. DONALD H. RUMSFELD, SECRETARY OF DEFENSE, et al. No. 05-184 SUPREME COURT OF THE UNITED STATES 548 U.S. 557; 126 S. Ct. 2749; 165 L. Ed. 2d 723; 2006 U.S. LEXIS 5185; 19 Fla. L. Weekly Fed. S 452 March 28, 2006, Argued June 29, 2006, Decided; Lexis)
 *636 Justice Breyer, with
AND
Parts I and II, concurring in part.
They just decided a whole slew of controversial cases
Wolf 2013 (Richard Wolf, August 12, 2013, “Supreme Court urged to open up,” USA Today, http://www.usatoday.com/story/news/nation/2013/08/12/supreme-court-urged-to-allow-cameras/2644779/)
A year-long string of controversial cases
AND
Kendall, president of the Constitutional Accountability Center.
Plan is a huge win for Obama
Catalini 2013 (Michael Catalini, May 30, 2013, “Political Barriers Stand Between Obama and Closing Guantanamo Facility,” http://www.nationaljournal.com/politics/political-barriers-stand-between-obama-and-closing-guantanamo-facility-20130503)
The Cuban camp is grabbing headlines again because
AND
the time, remembers the debate very well.

Plan’s announced in June
Reuters 2013 (Jewish Daily, June 21, 2013, “Supreme Tension as Big Cases Loom for Top Court,” http://forward.com/articles/179046/supreme-tension-as-big-cases-loom-for-top-court/?p=all#ixzz2cuIQ3iXH)
Despite the mystery over how the nine justices
AND
Bader Ginsburg has called June “flood season.”

Tournament: UMKC | Round: 6 | Opponent: USC HS | Judge: Koehle
2AC
Case-intel
Law enforcement solves
Hakimi 8 (2008 International Standards for Detaining
AND
)
A. Rejecting the Armed-Conflict Approach
AND
is common under any legal system.and#34;and#39; 125

State shift in law enforcement’s key to prevent existential Southeast European attacks
SET 9-12 (Experts: Prevention
AND
/09/12/feature-02)
Officials at the Council of the European Union
AND
their education is the key,and#34; he said.

Case-def
Don’t give in to stripping—powers expanded on detention
Vladeck 11 (Stephen I., Professor of
AND
“ARTICLE: THE PASSIVE-AGGRESSIVE VIRTUES”)
As al-Kidd suggests, even when
AND
of enemy combatants. Clearly, they have.

2AC Executive CP
*compliance = normal means
He’s got to report the cp to Congress—status of hostilities
Bradley and Goldsmith 5 (ARTICLE: CONGRESSIONAL AUTHORIZATION AND THE WAR ON TERRORISM NAME: Curtis A. and Jack L. , * Professor, University of Virginia School of Law.  Professor, Harvard Law School. We both recently worked in the Executive Branch. Bradley served as Counselor on International Law in the Legal Adviserand#39;s Office of the Department of State Goldsmith served as Special Counsel to the General Counsel of the Department of Defense and as Assistant Attorney General, Office of Legal Counsel. Copyright (c) 2005 The Harvard Law Review Association Harvard Law Review May, 2005 118 Harv. L. Rev. 2047. Lexis)
The AUMF is arguably more restrictive in one
AND
exercise of his authority under the AUMF. 147

Authorization rulings solve the CP—national security case law 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)
Although the underlying theory of deference in Curtiss
AND
Congress for a second pass at the question.

A2 backlash—Courts are careful but evidentiary deference limitations solve
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)
The Hamdi Court was deeply divided, producing
AND
to the rights of the Nationand#39;s citizens.and#34; 247

XO rollback—not congressionally delegated authority
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)
2. Chevron Step Zero A closely related
AND
promulgated in the exercise of congressionally delegated authority.
Drones
Relationships are vitiated during detention for those released—release prospects greatly increase cooperation
Benhalim 10 (The Emerging Law of Detention
AND
_guantanamo_wittes_chesney.pdf)
Relationship Vitiated After Capture Whereas Al Ginco,
AND
—serves to vitiate a conceded prior relationship.
No dangerous release—don’t change cases with sound evidence
Wittes 12 (The Emerging Law of Detention
AND
20full20text20update32913.pdf)
Judge Laurence Silberman recently added his voice to
AND
preponderance standard is unneeded, almost naïve.73

EU co-op means they get rendered there
Worthington 13 (European Parliament to Debate Motion Calling for Closure of Guantánamo
22.5.13 Andy Worthington,
AND
-for-closure-of-guantanamo/)
Tomorrow, just before President Obama delivers a
AND
can help to make sure this doesn’t happen.”

2AC Syria
Diplomacy solves now, no congress vote coming
SYLVIE CORBET and RYAN LUCAS 09/11/2013
UN Resolution Talks Begin On Syria Chemical Arms http://www.huffingtonpost.com/2013/09/11/un-resolution-talks-syria-chemical-arms_n_3906038.html
In a nationally televised speech Tuesday night,
AND
to seek a diplomatic resolution was a disappointment.
No Syria focus – it’s all debt ceiling
Sink 9/12 Justin Sink, reporter for the Hill, “Obama signals shift back to economic focus”, The Hill, September 12th, 2013, http://thehill.com/blogs/on-the-money/economy/321793-obama-signals-shift-back-to-focus-on-the-economy
The White House is signaling it wants to
AND
fights with Congress on government spending and debt.

Means limitation avoids politics
Geltzer 11 (Boalt Hall School of Law, University of California, Berkeley 2011 Berkeley Journal of International Law 29 Berkeley J. Intand#39;l L. 94 Decisions Detained: The Courtsand#39; Embrace of Complexity in Guantanamo-Related Litigation NAME: Joshua Alexander Geltzer a third-year student at Yale Law School, where he is editor-in-chief of the Yale Law Journal. He received his Ph.D. in War Studies from Kingand#39;s College London. His dissertation was published by Routledge as US Counter-Terrorism Strategy and al-Qaeda: Signalling and the Terrorist World-View. Lexis)
B. Avoiding Conflict with the Political Branches
AND
- conflict that the judiciary might well lose.

Congress may get involved but solves
Breyer 6 (Concurring Opinion, Justice Stephen Breyer and Anthony Kennedy, in part; SALIM AHMED HAMDAN, Petitioner v. DONALD H. RUMSFELD, SECRETARY OF DEFENSE, et al. No. 05-184 SUPREME COURT OF THE UNITED STATES 548 U.S. 557; 126 S. Ct. 2749; 165 L. Ed. 2d 723; 2006 U.S. LEXIS 5185; 19 Fla. L. Weekly Fed. S 452 March 28, 2006, Argued June 29, 2006, Decided; Lexis)
 *636 Justice Breyer, with
AND
Parts I and II, concurring in part.
They just decided a whole slew of controversial cases
Wolf 2013 (Richard Wolf, August 12, 2013, “Supreme Court urged to open up,” USA Today, http://www.usatoday.com/story/news/nation/2013/08/12/supreme-court-urged-to-allow-cameras/2644779/)
A year-long string of controversial cases
AND
Kendall, president of the Constitutional Accountability Center.
Plan is a huge win for Obama
Catalini 2013 (Michael Catalini, May 30, 2013, “Political Barriers Stand Between Obama and Closing Guantanamo Facility,” http://www.nationaljournal.com/politics/political-barriers-stand-between-obama-and-closing-guantanamo-facility-20130503)
The Cuban camp is grabbing headlines again because
AND
the time, remembers the debate very well.

Plan’s announced in June
Reuters 2013 (Jewish Daily, June 21, 2013, “Supreme Tension as Big Cases Loom for Top Court,” http://forward.com/articles/179046/supreme-tension-as-big-cases-loom-for-top-court/?p=all#ixzz2cuIQ3iXH)
Despite the mystery over how the nine justices
AND
Bader Ginsburg has called June “flood season.”

Either it won’t pass or strikes are inevitable- doesn’t need congress for cred
Gene Healy September 2, 2013.

AND 

On Saturday, President Obama announced that —
AND
that Congress would say no. He better start
Legitimacy is key to failed states
Loomis 2008 (Andrew Joseph Loomis, PhD in Government from Georgetown, August 4, 2008, “LEVERAGING LEGITIMACY IN  SECURING U.S. LEADERSHIP: NORMATIVE DIMENSIONS OF HEGEMONIC AUTHORITY,” http://repository.library.georgetown.edu/bitstream/handle/10822/553090/loomisAndrewJoseph.pdf?sequence=1)
The results of this study suggest that U
AND
U.S. leadership among its allies.
Extinction
Manwaring 2005 (Max G. Manwaring,
AND
October 2005, pg. PUB628.pdf)
President Chávez also understands that the process leading
AND
global security, peace, and prosperity.65

K
Court action is key to legitimacy
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 enemy combatant litigation also underscores the extent
AND
to counter-act this loss of prestige.
Calculation is good and doesn’t devalue life
Revesz 2008 Richard L. Revesz (Dean and Lawrence King Professor of Law at New York University School of Law, JD Yale Law School) and Michael A Livermore. (JD NYU School of Law, Executive Director of the Institute for Policy Integrity, and Managing director of the NYU Law Review). Retaking Rationality How Cots-Benefit Analysis Can Better protect the Environment and Our Health. 2008. P. 1-4.
Governmental decisions are also fundamentally different from personal
AND
act effectively to bring about a better world.

Court action is a key rallying point that catalyzes social change (blue)
Burstein 1991 Paul Burstein, pub. date: 1991, Professor of sociology and political science at the University of Washington, “Legal Mobilization as a Social Movement Tactic: The Struggle for Equal Employment Opportunity”,  JSTOR
What types of actions should we examine?
AND
analysts to report how critical court decisions are.
Biopower doesn’t create bear life or void life of value.
Mika Ojakangas (Helsinki Collegium for Advanced Studies
AND
2, p. 5-28, May
Moreover, life as the object and the
AND
by fostering and generating “forms of life”. 

1ar

Pltx
Won’t pass. No vote until November. Budget thumps the DA.
Burgess Everett 9/15 (Politico)
AND
-syria-vote-96806.html
Congress can breathe a sigh of relief:
AND
stockpiles of chemical weapons to the international community.
Means-limitation doesn’t link to politics—the SPIN is key
Geltzer 11 (Boalt Hall School of Law, University of California, Berkeley 2011 Berkeley Journal of International Law 29 Berkeley J. Intand#39;l L. 94 Decisions Detained: The Courtsand#39; Embrace of Complexity in Guantanamo-Related Litigation NAME: Joshua Alexander Geltzer a third-year student at Yale Law School, where he is editor-in-chief of the Yale Law Journal. He received his Ph.D. in War Studies from Kingand#39;s College London. His dissertation was published by Routledge as US Counter-Terrorism Strategy and al-Qaeda: Signalling and the Terrorist World-View. Lexis)
Avoiding Political Questions As previously mentioned, American
AND
and military commissions on or near American soil.

K

Discursive focus on the state doesn’t legitimize it and is tactically necessary
Frost 1996 (Mervyn Frost, Professor at the University of Kent, “Ethics In International Relations A Constitutive Theory,” pp. 90-91)
A first objection which seems inherent in Donelanand#39;s
AND
under law, representative government and so on.

Tournament: UMKC | Round: 8 | Opponent: UNT FO | Judge: Feldman
2AC
2AC T “Judicial”
W/M- Constitutional basis is “Improper self-expansion without statutory authority”
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)

1. Step One Deference to Agency Self
   AND
   , and it reinstated the DOL rule. 111
   Effects of the plan are the advantages—constitutional restriction demands executive and congressional compliance
   Spiro, 2001 (Peter J. Spiro, Professor, Hofstra University School of Law; Visiting Professor, University of Texas School of Law, Texas Law Review, April, lexis)
   The increments approach answers these objections, at
   AND
   prevail where it is rejected by other actors.

Indefinite detention is determination of “enemy combatant” status, the act, and the permissions and justifications
JENNIFER K. ELSEA Congressional Research Service Presidential Studies Quarterly
Volume 33, Issue 3, Presidential Authority to Detain “Enemy Combatants”, J.D. Washington College of Law; Article first published online: 12 SEP 2003
President Bush claims the power, as Commander
AND
authorized the detention of “enemy ¶ combatants.”

Case-intel
Law enforcement solves
Hakimi 8 (2008 International Standards for Detaining
AND
)
A. Rejecting the Armed-Conflict Approach
AND
is common under any legal system."' 125

Case-def
Court action is key to legitimacy
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 enemy combatant litigation also underscores the extent
AND
to counter-act this loss of prestige.
2AC Executive CP
Links to politics—Prez reports the CP to Congress—status of hostilities
Bradley and Goldsmith 5 (ARTICLE: CONGRESSIONAL AUTHORIZATION AND THE WAR ON TERRORISM NAME: Curtis A. and Jack L. , * Professor, University of Virginia School of Law.  Professor, Harvard Law School. We both recently worked in the Executive Branch. Bradley served as Counselor on International Law in the Legal Adviser's Office of the Department of State Goldsmith served as Special Counsel to the General Counsel of the Department of Defense and as Assistant Attorney General, Office of Legal Counsel. Copyright (c) 2005 The Harvard Law Review Association Harvard Law Review May, 2005 118 Harv. L. Rev. 2047. Lexis)
The AUMF is arguably more restrictive in one
AND
exercise of his authority under the AUMF. 147

Court rulings on the ground of “congressional authorization” imply executive restraint and solve better—national security law precedent proves
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)
Although the underlying theory of deference in Curtiss
AND
Congress for a second pass at the question.
Closing Gitmo causes release into the United States
McCarthy 2009 Andrew C. McCarthy is a senior fellow at the National Review Institute and the author of Willful Blindness: A Memoir of the Jihad October 23, 2009 National Review “Imprison Here, Release Here” http://www.nationalreview.com/articles/228465/imprison-here-release-here/andrew-c-mccarthy
Here’s the thing: Because we still have
AND
States and had no legal right to enter.
Can’t restrain on constitutional grounds—that’s key
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)
The Hamdi Court was deeply divided, producing
AND
to the rights of the Nation's citizens." 247

Exec alone fails—restraint doesn’t warrant deference to his decisions—district court momentum overwhelms
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)
2. Chevron Step Zero A closely related
AND
promulgated in the exercise of congressionally delegated authority.

Amend/Con Con CP

Supreme Court key to intl model
Feldman 2008 (Noah Feldman, law professor at Harvard University and an adjunct senior fellow at the Council on Foreign Relations, September 28, 2008, “When Judges Make Foreign Policy,” New York Times, http://www.nytimes.com/2008/09/28/magazine/28law-t.html?pagewanted=alland_r=0)
Every generation gets the Constitution that it deserves
AND
what is somewhat optimistically called the international order.

Links to politics
Kachimba 2011 (Larry Kachimba, writer for Op Ed News, August 25, 2011, “Five reasons why a constitutional amendment is the wrong way to get money out of politics,” http://www.opednews.com/articles/Five-reasons-why-a-constit-by-Larry-Kachimba-110825-578.html)
3.  Attempting a constitutional amendment is wasteful
AND
its power at every stage of this process. 

Court’s key to successful Congress push
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)
While Chevron's advocates have frequently promoted the application
AND
squarely within, foundational principles of administrative law.

Legitimacy is key to failed states
Loomis 2008 (Andrew Joseph Loomis, PhD in Government from Georgetown, August 4, 2008, “LEVERAGING LEGITIMACY IN  SECURING U.S. LEADERSHIP: NORMATIVE DIMENSIONS OF HEGEMONIC AUTHORITY,” http://repository.library.georgetown.edu/bitstream/handle/10822/553090/loomisAndrewJoseph.pdf?sequence=1)
The results of this study suggest that U
AND
U.S. leadership among its allies.
Extinction
Manwaring 2005 (Max G. Manwaring,
AND
October 2005, pg. PUB628.pdf)
President Chávez also understands that the process leading
AND
global security, peace, and prosperity.65

Narrow limits force Congressional re-authorization and check authority roll-out
Geltzer 11 (Boalt Hall School of Law, University of California, Berkeley 2011 Berkeley Journal of International Law 29 Berkeley J. Int'l L. 94 Decisions Detained: The Courts' Embrace of Complexity in Guantanamo-Related Litigation NAME: Joshua Alexander Geltzer a third-year student at Yale Law School, where he is editor-in-chief of the Yale Law Journal. He received his Ph.D. in War Studies from King's College London. His dissertation was published by Routledge as US Counter-Terrorism Strategy and al-Qaeda: Signalling and the Terrorist World-View. Lexis)
In the end, the courts' embrace of
AND
up with the Guantanamo that they really wanted.
2AC Debt Ceiling Reg
They’ve got nothing—polarization and deficit reductions are the nail in the coffin for now
Weisman 9-12 (Boehner Seeking Democrats’ Help on Fiscal Talks By JONATHAN WEISMAN
Published: September 12, 2013 http://
AND
-deal.html?_r=0)
Senator Richard J. Durbin of Illinois,
AND
something to report, we’ll let you know.”

No vote coming—no GOP base and Dems polarized
Weisman 9-12 (Boehner Seeking Democrats’ Help on Fiscal Talks By JONATHAN WEISMAN
Published: September 12, 2013 http://
AND
-deal.html?_r=0)
It was delayed indefinitely as House Republicans resumed
AND
that many Republicans had lost touch with reality.

PC doesn’t solve and the perception of talks causes the DA
Everett 13 (Lew reiterates Obama won't negotiate
AND
-debt-limit-169332.html)
Treasury Secretary Jack Lew says President Barack Obama
AND
full faith and credit of the United States."

No downgrade impact – credit rating agencies are unconcerned due to deficit cuts
Dan Weil 9-13 Credit Ratings Agencies More Sanguine About Debt Limit This Year Friday, 13 Sep 2013 08:28 AM http://www.moneynews.com/Economy/Credit-ratings-S-P-Congress/2013/09/13/id/525502#ixzz2emJAwe3T
As Congress and the White House fought over
AND
'OK, does it really matter?'" 

Means limitation avoids politics
Geltzer 11 (Boalt Hall School of Law, University of California, Berkeley 2011 Berkeley Journal of International Law 29 Berkeley J. Int'l L. 94 Decisions Detained: The Courts' Embrace of Complexity in Guantanamo-Related Litigation NAME: Joshua Alexander Geltzer a third-year student at Yale Law School, where he is editor-in-chief of the Yale Law Journal. He received his Ph.D. in War Studies from King's College London. His dissertation was published by Routledge as US Counter-Terrorism Strategy and al-Qaeda: Signalling and the Terrorist World-View. Lexis)
B. Avoiding Conflict with the Political Branches
AND
- conflict that the judiciary might well lose.

If Congress gets involved it solves the link
Breyer 6 (Concurring Opinion, Justice Stephen Breyer and Anthony Kennedy, in part; SALIM AHMED HAMDAN, Petitioner v. DONALD H. RUMSFELD, SECRETARY OF DEFENSE, et al. No. 05-184 SUPREME COURT OF THE UNITED STATES 548 U.S. 557; 126 S. Ct. 2749; 165 L. Ed. 2d 723; 2006 U.S. LEXIS 5185; 19 Fla. L. Weekly Fed. S 452 March 28, 2006, Argued June 29, 2006, Decided; Lexis)
 *636 Justice Breyer, with
AND
Parts I and II, concurring in part.
They just decided a whole slew of controversial cases
Wolf 2013 (Richard Wolf, August 12, 2013, “Supreme Court urged to open up,” USA Today, http://www.usatoday.com/story/news/nation/2013/08/12/supreme-court-urged-to-allow-cameras/2644779/)
A year-long string of controversial cases
AND
Kendall, president of the Constitutional Accountability Center.
Plan is a huge win for Obama
Catalini 2013 (Michael Catalini, May 30, 2013, “Political Barriers Stand Between Obama and Closing Guantanamo Facility,” http://www.nationaljournal.com/politics/political-barriers-stand-between-obama-and-closing-guantanamo-facility-20130503)
The Cuban camp is grabbing headlines again because
AND
the time, remembers the debate very well.

Plan’s announced in June
Reuters 2013 (Jewish Daily, June 21, 2013, “Supreme Tension as Big Cases Loom for Top Court,” http://forward.com/articles/179046/supreme-tension-as-big-cases-loom-for-top-court/?p=all#ixzz2cuIQ3iXH)
Despite the mystery over how the nine justices
AND
Bader Ginsburg has called June “flood season.”

Econ collapse doesn’t cause war – prefer our studies
Samuel Bazzi (Department of Economics at University of California San Diego) and Christopher Blattman (assistant professor of political science and economics at Yale University) November 2011 “Economic Shocks and Conflict: The (Absence of?) Evidence from Commodity Prices” http://www.chrisblattman.com/documents/research/2011.EconomicShocksAndConflict.pdf?9d7bd4
VI. Discussion and conclusions A. Implications
AND
for initially significant results than ambiguous ones.20

1ar
Means-limitation doesn’t link to politics—the SPIN is key
Geltzer 11 (Boalt Hall School of Law, University of California, Berkeley 2011 Berkeley Journal of International Law 29 Berkeley J. Int'l L. 94 Decisions Detained: The Courts' Embrace of Complexity in Guantanamo-Related Litigation NAME: Joshua Alexander Geltzer a third-year student at Yale Law School, where he is editor-in-chief of the Yale Law Journal. He received his Ph.D. in War Studies from King's College London. His dissertation was published by Routledge as US Counter-Terrorism Strategy and al-Qaeda: Signalling and the Terrorist World-View. Lexis)
Avoiding Political Questions As previously mentioned, American
AND
and military commissions on or near American soil.