Tournament: Binghamton | Round: 1 | Opponent: c | Judge: c
1AC

Contention One:  SSP

Bush transformed the use of state secrets privilege (SSP for short)

CCR in 13 {Center for Constitutional Rights Stop the Abuse of the State Secrets Privilege
http://ccrjustice.org/get-involved/action/stop-abuse-state-secrets-privilege!}

The state secrets privilege … accountability for criminal behavior.

SSP insures war powers are unrestricted. Currently, they act with impunity, treating secrecy as sacrosanct and are too tempted to restraint themselves.  The Supreme Court hasn’t reviewed SSP in a half century.    

Gostola in 12 {Kevin-author who publishes his writing regularly to OpEdNews and Open Salon Gosztola August 20, 2012 The State Secrets Privilege: A Horrendous Creation of the Judiciary  http://dissenter.firedoglake.com/2012/08/20/the-state-secrets-privilege-a-horrendous-creation-of-the-judiciary/}
Absent action by the judiciary, the Executive … become secondary to what those running this empire view as critical to preserving dominance in the world.

Even when the information is no longer “secret”, the government attempts to use SSP.   Jeppesen proves

ACLU 10 {SLAMMING THE COURTHOUSE DOORS Denial of Access to Justice and Remedy in America Dec http://www.aclu.org/files/assets/HRP_UPRsubmission_annex.pdf p16}
The U.S. government invoked the “… more than half a century.

Thus the Plan:  The Supreme Court should restrict presidential war powers in cases of indefinite detention by restricting the State Secrets privilege.   As in all judicial matters, the Court may draw from legal precedent, previously-used government guidelines and lower court decisions in formulating grounds for its decision and the Court may issue dictum suggesting clarification by the lower courts and/or Congress. 

Advantage One:  Security

SSP represent a cornerstone of the secrecy matrix.   It evolved from evidentiary dismissal to case dismissals despite Congressional reform attempts. 125 recent cases have invoked it 

CGS in 13 {Collaboration on Government Secrecy ("CGS") http://www.wcl.american.edu/lawandgov/cgs/about.cfm#ssp}
The state secrets privilege is a … 417 (111th Cong.), pending in the Senate.
Since the cold war, we have had an “enemy” who threatens national security interests.  Using state secrecy as a way to protect our nation has made our political culture less tolerant of radical or subversive politics. Their fears of terrorism only feeds into hysteria that results in political backlash

Dean 11 Robert-Associate Professor of History at Eastern Washington University Introduction: Cultures of Secrecy in Postwar America, the journal for the society of historians of foreign relations, Issue Diplomatic History, Volume 35, Issue 4, pages 611–613, September 2011

State secrecy creates an inevitable tension … to three talented scholars to develop this theme in relation to¶ their own historical concerns.

Secrets become the goal in and of themselves. The innovation of the term “state secret” brings an abrupt end to public discourse and allows the state to create new threats.

Masco 2 (Joseph – Prof Anthropology @ U Chicago; “Lie Detectors: On Secrets and Hypersecurity in Los Alamos”; Public Culture 14.3 (2002) 441-467)

It is important, therefore, to recognize the … powerfully protected, nuclear secret. 

The call to securitize always implies an enemy: against the sacred population in need of salvation is placed an unstable other who must be resisted at all costs.  The only possible result is annihilation.

Campbell, 1998. David, professor of international politics at the University of Newcastle.  Writing Security, 1998. (199 – 202)

Security and subjectivity are …— and foreign policy/Foreign Policy are all a part.

Advantage Two: The War Machine

State Secrets Privilege Legitimates State Violence, Hides The Crimes of the Cultural War Machine Which Promotes Dehumanization, Renders Populations Disposable, and the Torture of Children.  Justice is slipping away. Affirmation saves it.  

Giroux 10 {Henry A. Tortured Memories and the Culture of War Nov 2009 excerpt from "Hearts of Darkness: Torturing Children in the War on Terror" http://www.truth-out.org/archive/item/86623:tortured-memories-and-the-culture-of-war}
For the last decade, we have … moral responsibility, but as an act of politics, agency and possibility.

The War Machine robs of us our authenticity; rejecting the State Secrets Privilege allows for the recapture of our individuality through breaking the norms of War Culture. 

Charles Guignon 2008(University of South Florida).  Authenticity.  Philosophy Compass(March 2008) Volume 3, Issue 2, Pp 226-290.

We just noted that the ideal of authenticity first … take responsibility for our own lives.  

Thus autonomy is the source of authenticity in order to legitimize our personhood we need to break out from the cultural norm of war in order and the biases it instills in our decision making.

Our autonomy will guide us to break down the discourse of the War Machine and no longer be complicit in the politically paralyzing secrets regime.

A THOUSAND PLATEAUS Capitalism and Schizophrenia. Gilles Deleuze. Felix Guattari. University of Minnesota Press, Minneapolis.
A semiotic chain is like a … upon itself, except as a function of impotence.

AND our Ontology comes first we must accept the responsibility to action in order to break the secrets regime.

Korous 97 (George, Yale Law Graduate, Copeland Winner, Become What You Are , p. 1-3)
Ontological questions assume the importance … route itself through ontology.

Through controlling our decisions and our interactions with the world we can shape our ontological Being as we prefer. This self-awareness of our Being breaks us free as we are no longer dependent on the normalized culture of war and instead are free to choose for ourselves.

Externalization requires liberation from domination
http://www.iep.utm.edu/foucfem/#H5 Internet Encyclopedia of Philosophy." Foucault and Feminism Armstrong, Aurelia 8 July 2008 University of Queensland
The idea of practicing freedom is central to … of domination. Thus, for Sawicki, the value of Foucault’s late work for feminism consists in the conceptual tools that it provides to think beyond traditional emancipatory theories and practices.
Through educating individuals with criminal intent they will break out of the system of domination through externalizing their acquired knowledge. 

Contention Two: Solvency

Confining states secrets privilege opens the door to multiple remedies with longstanding histories of successful balancing of national security and litigant rights 

Frost and Florence in 8 {Amanda-Assoc Prof of Law, American Univ Wash College of Law. Reforming the State Secrets Privilege ACS Issue Brief September Justin-Associate, O’Melveny and Myers, LLP; Nonresident Fellow, Georgetown Center on National Security and the Law. Issue brief drawn in part from Amanda Frost, The State Secrets Privilege and Separation of Powers, 75 FORDHAM  L REV. 1931 (2007) http://www.acslaw.org/files/Frost20FINAL.pdf  P13}

Such cases were not … not just to those harmed by them, but to all who might be in the future.

The choice isn’t a binary.  Confining opens up lots of ways to avoid any and all disadvantages

Frost and Florence in 8 {Amanda-Assoc Prof of Law, American Unive Washington College of Law. Reforming the State Secrets Privilege ACS Issue Brief September Justin-Associate, O’Melveny and Myers, LLP; Nonresident Fellow, Georgetown Center on National Security and the Law. Issue brief drawn in part from Amanda Frost, The State Secrets Privilege and Separation of Powers, 75 FORDHAM  L REV. 1931 (2007) http://www.acslaw.org/files/Frost20FINAL.pdf  P20}

Fortunately, there is no need to … both the interests of litigants and secret national security information

Congress and the Courts must solve this together 

Fisher, 7 {Louis Specialist in Constitutional Law, Law Library, Library of Congress REFORMING THE STATE SECRETS PRIVILEGE  Executive Summary pii May 31 http://www.constitutionproject.org/pdf/Reforming_the_State_Secrets_Privilege_Statement.pdf}

This report calls on judges to … accountability for executive actions. 

ALL KNOWLEDGE COMES FROM EXPERIENCE MEANING WE HAVE THE CAPACITY TO GARNER NEW KNOWLEDGE THROUGH OUR INTERACTIONS AND DESTROY BAD HABITS.
A Defense of “Naïve” Empiricism: It is Neither Self-Refuting nor Dogmatic Stephen P. Schwartz in Ithaca College.2006 explains;. http://www.ithaca.edu/hs/philrel/defense_of_naive_empiricism.pdf
“Based on experience” is itself an unclear and … such knowledge that the rationalists claim we do.

AND CODIFIED ETHICS DEFERS RESPONSIBILITY OF MORAL ACTORS TO MORAL CODES, WHICH MAKES IT IMPOSSIBLE FOR MORALITY TO ASCRIBE STATUS TO INDIVIDUALS DENYING CITIZENS ANY TYPE OF MORAL DECISION MAKING BECAUSE WITHOUT A CHOICE THE ACTOR DOESN’T HAVE TO ENGAGE IN ANY SORT OF MORAL THOUGHT PROCESS WHEN CARRYING OUT THE ACTION.  UNDER A CODIFIED ETHIC INDIVIDUALS CANNOT EXPRESS THEIR TRUE MORALITY.

Bauman 95, ZygmuntProfessor of Sociology at University of Leeds.  Postmodern Ethics. Malden: Blackwell, 1995. Print.
One would rather say that it is precisely because of the … the product and its defects and has only oneself to blame.

Tournament: Urbradsmith | Round: 2 | Opponent: Binghamton Bleyle-Sehgal | Judge: Diamond
We have gambled our sovereignty with the advent of technology. In the face of speed and acceleration, the executive is given unitary authority over the ‘moment of decision’ in causing warfare
Scheuerman 1 (William E. Scheuerman, professor of political science at the University of Minnesota. “Liberal Democracy and the Empire of Speed.” Polity, Vol. 34, No. 1 (Autumn, 2001), pp. 41-67
II. The Space and Time Horizons of Traditional Liberal Democracy¶ …becomes constitutive of the human condition: the temporal gap between past and future is eerily reduced.

the power of the unitary executive is the final accident – the collapse of technology and the world as we know it. the moment of decision is now colonized by the speed of politics.
Grove 8 (jairus, phd in ir at jhopkins, asst professor at u of hawaii, Schmitt’s Sovereign ‘Exception’, the American Constitution, and Presidential Nuclear Power)
As legal scholar Paul Hemesath rightly points out, the end of mutual deterrence means no…. with the consequences of other political crimes or abuses of power, but in so far as the President is a despot, in the realm of the exclusive purview of nuclear weapons, her/his despotism determines the fate of the world.

We have replaced the executive with technological control, letting go of human interactions
Adams 3 (Jason Adams, M.A. candidate in political science at Simon Fraser University, 2003, “Popular Defense in the Empire of Speed: Paul Virilio and the Phenomenology of the Political Body,” Thesis, http://www.academia.edu/attachments/2058093/download_file
As we saw in the last chapter. Virilio‘s critique of the mass mediatization that he … political. followed by an examination of the methods of ecological warfare by which this transformation is being enforced on a global scale.

Cyberwar is an inevitable result of ceding of autonomy, creates the worse form of destruction.
Virilio 6 (Paul Virilio. 2006. The Information Bomb. pp. 131-145)
Globalization is not so much, then, the accomplishment of the … better adapted to the pollution of a small planet held in suspension in the ether of telecommunications.

Vote affirmative to endorse restrictions on the unitary executive over cyber warfare. Liberalism closes off deliberation because it’s afraid where true democracy will take us, instead investing the executive with the authority to narrate the present into the future. Vote aff to open debate to futurity.

The unitary executive is unacceptable – only a pluralizing democracy can deal with the dangers of dogmatism and fundamentalism
Connolly 95 William, Professor of Political Science at John Hopkins, The Ethos of Pluralization, pg at bottom
With this background we are in a position to … by the regulative ideal of ambivalent democracy.
97-98

The thesis of emergent causality necessitates that our refusal of the unitary executive. The complexity of politics is beyond a sole decision maker, to create a despot is go all in on an unwinnable hand
Campbell et al 2k7 David Campbell: Int’l boundaries Research, Geography Department, Durham U: with Stuart Elden and Stephen Graham Luiza Bialasiewisz: Department of Geography at Royal Holloway U of London, and Alex Jeffrey from the School of Geography at the U of Newcastle, “Performing security: The imaginative geographies of current US strategy” pg on bottom

Methodologically this approach requires an alternative … new persona to replace them.
408

Aimlessly pondering is unproductive. The hail of the affirmative is to create a positive method for democratic governance, sheltered from the speed of modern politics.
Connolly 2k2 William, Professor of Political Science at John Hopkins University, Neuropolitics, pg at bottom of card
Arendt fears that the late-modern acceleration of pace…of democ¬racy becomes translated into fascist becoming machines.
147-148

Voting aff endorses a radical embrace of that uncertainty. To reclaim politics, a refusal of the unilateral executive restores faith in democracy  
Glezos 11 (Simon Glezos, Lecturer of Political Science at the University of Victoria, British Columbia, “The ticking bomb: Speed, liberalism and ressentiment against the future”, Contemporary Political Theory 10.2 (May 2011): 147-165. doi:10.1057/cpt.2010.6
The ticking bomb scenario and the right to torture is simply … the decline of democratic governance, it seems to do so all the same.

The transfer of power to the executive was done out of fear; fear of the future, fear of inaction, and fear of death. This fear is now informational, tied to cyberspace and creating policies of irrationality and terror. Find the courage to reject the dominate narrative of speed.
Virilio 11 – paul, art and fear,  
The imbalance of terror has also taken an …instantaneity. The acceleration of reality is a significant mutation in History.