Tournament: GSU | Round: 1 | Opponent: na | Judge: na
Kate Martin 08, director of the Center for National Security Studies, July 16, "How the Administration’s Failed Detainee Policies Have Hurt the Fight Against Terrorism: Putting the Fight Against Terrorism on Sound Legal Foundations," Statement before the Senate Judiciary Committee, https://www.fas.org/irp/congress/2008_hr/detainees.html
As this Committee is well aware, since 2001, the Executive Branch has advanced
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the rule of law and human rights have also harmed our national security.
Marcia Pereira 08, Civil Litigation 26Transactional Attorney and University of Miami School of Law Graduate, Spring, "ARTICLE: THE "WAR ON TERROR" SLIPPERY SLOPE POLICY: GUANTANAMO BAY AND THE ABUSE OF EXECUTIVE POWER," University of Miami International 26 Comparative Law Review, 15 U. Miami Int’l 26 Comp. L. Rev. 389, Lexis
As these examples reveal, many propositions have been advanced to provide for a solution
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powers mandates, what the Constitution has given, Congress cannot take away.
Neal K. Katyal 07, Professor of Law, Georgetown University Law Center, "Equality in the War on Terror," Stanford Law Review, 59 Stan. L. Rev. 1365-1394, scholarship.law.georgetown.edu/cgi/viewcontent.cgi?article=140826context=facpub
There is simply no reason why the government must subject aliens who are alleged to
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who have relied on our country’s longstanding commitment to equal justice for all.
The plan’s external oversight on detention maintains heg—-legitimacy is the vital internal link to global stability
Robert Knowles 9, Acting Assistant Professor, New York University School of Law, Spring, "Article: American Hegemony and the Foreign Affairs Constitution", 41 Ariz. St. L.J. 87, Lexis
The hegemonic model also reduces the need for executive branch flexibility, and the institutional
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courts to reduce the "deference gap" between foreign and domestic cases.
Zhang and Shi 11 Yuhan Zhang is a researcher at the Carnegie Endowment for International Peace, Washington, D.C.; Lin Shi is from Columbia University. She also serves as an independent consultant for the Eurasia Group and a consultant for the World Bank in Washington, D.C., 1/22, "America’s decline: A harbinger of conflict and rivalry", http://www.eastasiaforum.org/2011/01/22/americas-decline-a-harbinger-of-conflict-and-rivalry/
This does not necessarily mean that the US is in systemic decline, but it
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forecast in a future that will inevitably be devoid of unrivalled US primacy.
Barak Mendelsohn 10, assistant professor of political science at Haverford College and a senior fellow of FPRI. Author of Combating Jihadism: American Hegemony and Interstate Cooperation in the War on Terrorism, June 2010, "The Question of International Cooperation in the War on Terrorism", http://www.fpri.org/enotes/201006.mendelsohn.cooperationwarterror.html
Going against common conceptions, I argue that the United States sought to advance more
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This process constrains the hegemon’s actions and prevents the uninhibited exercise of power.
Independently, absent renewal of rule of law principles, multilateral cooperation to solve warming and disease is impossible
John G. Ikenberry 11, Albert G. Milbank Professor of Politics and International Affairs at Princeton, Spring, "A World of Our Making", http://www.democracyjournal.org/20/a-world-of-our-making.php?page=all
Grand Strategy as Liberal Order Building American dominance of the global system will eventually yield
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liberal order building, it can begin the process of gaining it back.
Don Flournoy 12, Citing Feng Hsu, PhD NASA Scientist @ the Goddard Space
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January 2012, Springer Briefs in Space Development, p. 10-11
In the Online Journal of Space Communication , Dr. Feng Hsu, a NASA
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simply too high for us to take any chances" (Hsu 2010 ).
David Quammen 12, award-winning science writer, long-time columnist for Outside magazine for fifteen years, with work in National Geographic, Harper’s, Rolling Stone, the New York Times Book Review and other periodicals, 9/29, "Could the next big animal-to-human disease wipe us out?," The Guardian, pg. 29, Lexis
Infectious disease is all around us. It’s one of the basic processes that ecologists
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collapses? One possible factor is infectious disease, and viruses in particular.
Matthew C Waxman 9, Professor of Law; Faculty Chair, Roger Hertog Program on Law and National Security, "Legislating the War on Terror: An Agenda for Reform", November 3, Book
Judicial review can help safeguard liberty and enhance the credibility at home and abroad of
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to contest what with the assistance of counsel? Transparent determinations of what?
Larry Diamond 9, Professor of Political Science and Sociology @ Stanford, "The Impact of the Global Financial Crisis on Democracy", Presented to the SAIS-CGD Conference on New Ideas in Development after the Financial Crisis, Conference Paper that can be found on his Vita
Concern about the future of democracy is further warranted by the gathering signs of a
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and for the effective restoration of democracy in countries like Thailand and Nepal.
CJA 4 The Center for Justice and Accountability, Amici Curiae in support of petitioners in Al Odah et al. v USA, "Brief of the Center for Justice and Accountability, the International League for Human Rights, and Individual Advocates for the Independence of the Judiciary in Emerging Democracies," 3-10, Lexis
Many of the newly independent governments that have proliferated over the past five decades have adopted these ideals. They have emerged from a variety of less-than-free contexts, including the end of European colonial rule in the 1950’s and 1960’s, the end of the Cold War and the breakup of the former Soviet Union in the late 1980’s and 1990’s, the disintegration of Yugoslavia, and the continuing turmoil in parts of Africa, Latin America and southern Asia. Some countries have successfully transitioned to stable and democratic forms of government that protect individual freedoms and human rights by means of judicial review by a strong and independent judiciary. Others have suffered the rise of tyrannical and oppressive rulers who consolidated their hold on power in part by diminishing or abolishing the role of the judiciary. And still others hang in the balance, struggling against the onslaught of tyrants to establish stable, democratic governments. In their attempts to shed their tyrannical pasts and to ensure the protection of individual rights, emerging democracies have consistently looked to the United States and its Constitution in fashioning frameworks that safeguard the independence of their judiciaries . See Ran Hirschl, The Political Origins of Judicial Empowerment through Constitutionalization: Lessons from Four Constitutional Revolutions, 25 Law 26 Soc. Inquiry 91, 92 (2000) (stating that of the "~m~any countries . . . ~that~ have engaged in fundamental constitutional reform over the past three decades," nearly all adopted "a bill of rights and establishe~d~ some form of active judicial review"). Establishing judicial review by a strong and independent judiciary is a critical step in stabilizing and protecting these new democracies. See Christopher M. Larkins, Judicial Independence and Democratization: A Theoretical and Conceptual Analysis, 44 Am. J. Comp. L. 605, 605-06 (1996) (describing the judicial branch as having "a uniquely important role" in transitional countries, not only to "mediate conflicts between political actors but also ~to~ prevent the arbitrary exercise of government power; see also Daniel C. Prefontaine and Joanne Lee, The Rule of Law and the Independence of the Judiciary, International Centre for Criminal Law Reform and Criminal Justice Policy (1998) ("There is increasing acknowledgment that an independent judiciary is the key to upholding the rule of law in a free society . . . . Most countries in transition from dictatorships and/or statist economies recognize the need to create a more stable system of governance, based on the rule of law."), available at http://www.icclr.law.ubc.ca/Publications/Reports/RuleofLaw. pdf (last visited Jan. 8, 2004). Although the precise form of government differs among countries, "they ultimately constitute variations within, not from, the American model of constitutionalism . . . ~a~ specific set of fundamental rights and liberties has the status of supreme law, is entrenched against amendment or repeal . . . and is enforced by an independent court . . . ." Stephen Gardbaum, The New Commonwealth Model of Constitutionalism, 49 Am. J. Comp. L. 707, 718 (2001). This phenomenon became most notable worldwide after World War II when certain countries, such as Germany, Italy, and Japan, embraced independent judiciaries following their bitter experiences under totalitarian regimes. See id. at 714- 15; see also United States v. Then, 56 F.3d 464, 469 (2d Cir. 1995) (Calabresi, J., concurring) ("Since World War II, many countries have adopted forms of judicial review, which — though different from ours in many particulars — unmistakably draw their origin and inspiration from American constitutional theory and practice. See generally Mauro Cappelletti, The Judicial Process in Comparative Perspective (Oxford: Clarendon Press, 1989)."). It is a trend that continues to this day. It bears mention that the United States has consistently affirmed and encouraged the establishment of independent judiciaries in emerging democracies. In September 2000, President Clinton observed that "~w~ithout the rule of law, elections simply offer a choice of dictators. . . . America’s experience should be put to use to advance the rule of law, where democracy’s roots are looking for room and strength to grow." Remarks at Georgetown University Law School, 36 Weekly Comp. Pres. Doc. 2218 (September 26, 2000), available at http://clinton6.nara.gov/2000/09/2000-09-26- remarks-by-president-at-georgetown-international-lawcenter. html. The United States acts on these principles in part through the assistance it provides to developing nations. For example, the United States requires that any country seeking assistance through the Millenium Challenge Account, a development assistance program instituted in 2002, must demonstrate, among other criteria, an "adherence to the rule of law." The White House noted that the rule of law is one of the "essential conditions for successful development" of these countries. See http://www.whitehouse.gov/infocus/developingnations (last visited Jan. 8, 2004).12
CJA 4 The Center for Justice and Accountability, Amici Curiae in support of petitioners in Al Odah et al. v USA, "Brief of the Center for Justice and Accountability, the International League for Human Rights, and Individual Advocates for the Independence of the Judiciary in Emerging Democracies," 3-10, Lexis
While much of the world is moving to adopt the institutions necessary to secure individual rights, many still regularly abuse these rights. One of the hallmarks of tyranny is the lack of a strong and independent judiciary. Not surprisingly, where countries make the sad transition to tyranny, one of the first victims is the judiciary. Many of the rulers that go down that road justify their actions on the basis of national security and the fight against terrorism, and, disturbingly, many claim to be modeling their actions on the United States. Again, a few examples illustrate this trend. In Peru, one of former President Alberto Fujimori’s first acts in seizing control was to assume direct executive control of the judiciary, claiming that it was justified by the threat of domestic terrorism. He then imprisoned thousands, refusing the right of the judiciary to intervene. International Commission of Jurists, Attacks on Justice 2000-Peru, August 13, 2001, available at ttp://www.icj.org/news.php3?id_article=258726lang=en (last visited Jan. 8, 2004). In Zimbabwe, President Mugabe’s rise to dictatorship has been punctuated by threats of violence to and the co-opting of the judiciary. He now enjoys virtually total control over Zimbabweans’ individual rights and the entire political system. R.W. Johnson, Mugabe’s Agents in Plot to Kill Opposition Chief, Sunday Times (London), June 10, 2001; International Commission of Jurists, Attacks on Justice 2002— Zimbabwe, August 27, 2002, available at http://www.icj.org/news.php3?id_article=2695?=en (last visited Jan. 8, 2004). While Peru and Zimbabwe represent an extreme, the independence of the judiciary is under assault in less brazen ways in a variety of countries today. A highly troubling aspect of this trend is the fact that in many of these instances those perpetuating the assaults on the judiciary have pointed to the United States’ model to justify their actions. Indeed, many have specifically referenced the United States’ actions in detaining persons in Guantánamo Bay. For example, Rais Yatim, Malaysia’s "de facto law minister" explicitly relied on the detentions at Guantánamo to justify Malaysia’s detention of more than 70 suspected Islamic militants for over two years. Rais stated that Malyasia’s detentions were "just like the process in Guantánamo," adding, "I put the equation with Guantánamo just to make it graphic to you that this is not simply a Malaysian style of doing things." Sean Yoong, "Malaysia Slams Criticism of Security Law Allowing Detention Without Trial," Associated Press, September 9, 2003 (available from Westlaw at 9/9/03 APWIRES 09 :34:00). Similarly, when responding to a United States Government human rights report that listed rights violations in Namibia, Namibia’s Information Permanent Secretary Mocks Shivute cited the Guantánamo Bay detentions, claiming that "the US government was the worst human rights violator in the world." BBC Monitoring, March 8, 2002, available at 2002 WL 15938703. Nor is this disturbing trend limited to these specific examples. At a recent conference held at the Carter Center in Atlanta, President Carter, specifically citing the Guantánamo Bay detentions, noted that the erosion of civil liberties in the United States has "given a blank check to nations who are inclined to violate human rights already." Doug Gross, "Carter: U.S. human rights missteps embolden foreign dictators," Associated Press Newswires, November 12, 2003 (available from Westlaw at 11/12/03 APWIRES 00:30:26). At the same conference, Professor Saad Ibrahim of the American University in Cairo (who was jailed for seven years after exposing fraud in the Egyptian election process) said, "Every dictator in the world is using what the United States has done under the Patriot Act . . . to justify their past violations of human rights and to declare a license to continue to violate human rights." Id. Likewise, Shehu Sani, president of the Kaduna, Nigeriabased Civil Rights Congress, wrote in the International Herald Tribune on September 15, 2003 that "~t~he insistence by the Bush administration on keeping Taliban and Al Quaeda captives in indefinite detention in Guantánamo Bay, Cuba, instead of in jails in the United States — and the White House’s preference for military tribunals over regular courts — helps create a free license for tyranny in Africa. It helps justify Egypt’s move to detain human rights campaigners as threats to national security and does the same for similar measures by the governments of Ivory Coast, Cameroon and Burkina Faso." Available at http://www.iht.com/ihtsearch.php?id=10992726owner=(IHT)26dat e=20030121123259. In our uni-polar world, the United States obviously sets an important example on these issues. As reflected in the foundational documents of the United Nations and many other such agreements, the international community has consistently affirmed the value of an independent judiciary to the defense of universally recognized human rights. In the crucible of actual practice within nations, many have looked to the United States model when developing independent judiciaries with the ability to check executive power in the defense of individual rights. Yet others have justified abuses by reference to the conduct of the United States. Far more influential than the words of Montesquieu and Madison are the actions of the United States. This case starkly presents the question of which model this Court will set for the world.
Charles Swift 08, Navy’s Lt. Commander and JAG lawyer in the Hamdan vs Rumsfeld, November 25, "The American Way of Justice," Esquire, www.esquire.com/features/ESQ0307swift-5
If we are to be a great nation, then we must be willing to
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that grandmother, and her promise will have a chance of coming true.
Fareed Zakaria 97, PhD Poli Sci @ Harvard, Managing Editor of Foreign Affairs, 1997, Lexis
Of course cultures vary, and different societies will require different frameworks of government.
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next century, our task is to make democracy safe for the world.
Azar Gat 11, the Ezer Weizman Professor of National Security at Tel Aviv University, 2011, "The Changing Character of War," in The Changing Character of War, ed. Hew Strachan and Sibylle Scheipers, p. 30-32
Since 1945, the decline of major great power war has deepened further. Nuclear
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, they may vary less than seemed likely only a short while ago.
Matthew C Waxman 9, Professor of Law; Faculty Chair, Roger Hertog Program on Law and National Security, Legislating the War on Terror: An Agenda for Reform", November 3, Book, p. 58
Opponents and skeptics of administrative detention rightly point out that creating new mechanisms for detention
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on dissidents that they label "terrorists" or "national security threats."
Chinese crackdowns on Uighurs make them stronger and cause Asian war
Dr. Elizabeth Van Wie Davis 8, division director and professor of liberal arts and international studies at Colorado School of Mines, 2008, "Uyghur Muslim Ethnic Separatism in Xinjiang, China," Asian Affairs: An American Review, 2008, Vol. 35, Issue 1, pg. 15-30, ebsco
Alternative Futures¶ The scenario most worrisome to the Chinese would be the Uyghur Muslim
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a fragmenting China. Political instability in China would impact all of Asia.
Asian war goes nuclear—-no defense—-interdependence and institutions don’t check
C. Raja Mohan 13, distinguished fellow at the Observer Research Foundation in New Delhi, March 2013, Emerging Geopolitical Trends and Security in the Association of Southeast Asian Nations, the People’s Republic of China, and India (ACI) Region," background paper for the Asian Development Bank Institute study on the Role of Key Emerging Economies, http://www.iadb.org/intal/intalcdi/PE/2013/10737.pdf
Three broad types of conventional conflict confront Asia. The first is the prospect of
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geographic scope and the normative basis for a future security order in Asia.
The United States Federal Government should grant Article III Courts with exclusive jurisdiction over the United States’ indefinite detention policy.
Hathaway et al 13, Oona Hathaway, Gerard C. and Bernice Latrobe Smith Professor of International Law, Yale Law School, Samuel Adelsberg, Spencer Amdur, and Freya Pitts, J.D. candidates at Yale Law School, Philip Levitz and Sirine Shebaya J.D.s Yale Law School (2012), Winter, "Article: The Power To Detain: Detention of Terrorism Suspects After 9/11," The Yale Journal of International Law, 38 Yale J. Int’l L. 123, Lexis
2. Legitimacy ¶ Federal courts are also generally considered more legitimate than military commissions
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of international prosecutorial cooperation, such as the sharing of testimony and evidence.
Dianne Feinstein 10, U.S. Senator from California and former chairman of the Senate Intelligence Committee, April 5, "Civilian Courts Can Prosecute Terrorists," The Wall Street Journal, ProQuest
Anyone who says America’s federal courts can’t bring terrorists to justice is overlooking the facts
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to spend the rest of his life in federal prison. Case closed.
Richard B. Zabel and James J. Benjamin, Jr. 08, Deputy U.S. Attorney for the Southern District of New York AND partner in the New York office of Akin Gump Strause Hauer 26 Feld LLP, May, "In Pursuit of Justice: Prosecuting Terrorism Cases in the Federal Courts," Human Rights First, https://www.humanrightsfirst.org/wp-content/uploads/pdf/080521-USLS-pursuit-justice.pdf
In preparing this White Paper, we have relied not only on legal authorities such
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of the court system and our views on still-unsettled legal questions.
Eric Montalvo 10, J.D. Temple University School of Law, former US Marine Corps Major and JAG Officer, Partner at Puckett and Faraj, February 26, "US can restore legitimacy with federal trials of terror suspects at Guantanamo Bay," Jurist, jurist.org/hotline/2010/02/us-can-restore-legitimacy-with-federal.php~23
"The careless approach to the issues surrounding all things Guantanamo Bay is an affront
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ranging from the pursuit of capital punishment to the national security legal morass.
Amos N. Guiora 12, Professor of Law, S.J. Quinney College of Law, University of Utah, "Due Process and Counterterrorism", Emory International Law Review, Vol. 26, www.law.emory.edu/fileadmin/journals/eilr/26/26.1/Guiora.pdf
While some have suggested that the Iraqi and Afghan judiciaries are appropriate forums for adjudicating
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or guilt is essential to effective counterterrorism predicated on the rule of law.