Tournament: Districts | Round: 1 | Opponent: Indiana MP | Judge:
1AC Districts
Plan
The United States federal government should limit the President's war powers authority to assert, on behalf of the United States, immunity from judicial review by establishing a cause of action allowing civil suits brought against the United States by those unlawfully injured by targeted killing operations, their heirs, or their estates in security cleared legal proceedings.
Advantage 1 is Preventive War
US justifications for targeted killing will spill over to erode legal restraints on all violence and legitimize preventive war
Craig Martin 11, Associate Professor of Law at Washburn University School of Law, “Going Medieval: Targeted Killing, Self-Defence, and the Jus Ad Bellum Regime,” Ch 8 in TARGETED KILLINGS: LAW and MORALITY IN AN ASYMMETRICAL WORLD, p. 223, available at http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1956141
IV. The potential impact of the targeted killing policy on international law
The United States has been engaging in this practice of using drone-mounted missile
AND
a threat that is much less serious in the grand scheme of things.
Robust norms restricting the use of force empirically prevent conflict escalation among great powers
John Vasquez 9, Thomas B. Mackie Scholar of International Relations and Professor of Political Science at the University of Illinois at Urbana-Champaign, PhD in Poli Sci from Syracuse University, “Peace,” Chapter 8 in The War Puzzle Revisited, p 298-299, google books
Wallensteen’s examination of the characteristics of particularist periods provides significant additional evidence that the steps
AND
war is by reducing, limiting, and managing disputes short of war.
Specifically, executive discretion over the legitimacy of targets will eviscerate legal restrictions on self-defense
Rosa Brooks 13, Professor of Law at the Georgetown University Law Center, Bernard L. Schwartz Senior Fellow at the New America Foundation, “The Constitutional and Counterterrorism Implications of Targeted Killing,” http://www.judiciary.senate.gov/pdf/04-23-13BrooksTestimony.pdf
5. Setting Troubling International Precedents ¶ Here is an additional reason to worry about
AND
them to justify the killing of dissidents, rivals, or unwanted minorities?
Now is key---US targeted killing is driving a global shift in strategic doctrines---results in nuclear war
Kerstin Fisk 13, visiting assistant professor in the Department of Political Science at Loyola Marymount University, PhD in Political Science from Claremont Graduate University, and Jennifer M. Ramos, Assistant Professor of Political Science at Loyola Marymount University, PhD in Political Science from UC Davis, April 15 2013, “Actions Speak Louder Than Words: Preventive Self-Defense as a Cascading Norm,” International Studies Perspectives, http://onlinelibrary.wiley.com.turing.library.northwestern.edu/doi/10.1111/insp.12013/full
Preventive self-defense entails waging a war or an attack by choice, in
AND
it continues to provide other states with the justification to do the same.
Credible external oversight is key to solve---the alternative is an anything-goes standard
Omar S. Bashir 12, is a Ph.D. candidate in the Department of Politics at Princeton University and a graduate of the Department of Aeronautics and Astronautics at MIT, September 24th, 2012, "Who Watches the Drones?" Foreign Affairs,www.foreignaffairs.com/articles/138141/omar-s-bashir/who-watches-the-drones
Further, the U.S. counterterrorism chief John Brennan has noted that the
AND
oversight to their own drone campaigns would reveal their disregard for humanitarian concerns.
That causes an endless, global series of preventive wars---those go nuclear
Ariel Colonomos 13, Director of Research at the French National Centre for Scientific Research, Ph.D. in political science from the Institut d'Etudes Politiques de Paris, “The Gamble of War: Is it Possible to Justify Preventive War?” p 72-75, google books
John Yoo holds that the American interventions in Afghanistan or Iraq fulfilled the criteria of
AND
United States to its new enemies and of their greater number and dispersal.
And, a model of preventative war justifies Chinese attacks on US missile defense
Stephen Walt 4, Robert and Renee Belfer Professor of International Affairs at Harvard, PhD in Political Science from UC Berkeley, October 1 2004, “The Strategic Environment,” Panel Discussion at “Preemptive Use of Force: A Reassessment,” Conference held by the Fletcher Forum on International Affairs, http://www.brookings.edu/views/papers/daalder/daalder_fletcher.pdf
Finally, as Ivo has already noted, there is this precedent problem. By
AND
Of course we would. So again, we’re creating a precedent here.
Causes full-scale nuclear war
John W. Lewis 12, William Haas Professor of Chinese Politics, emeritus, at Stanford University, PhD from UCLA, and Xue Litai, research scholar at the Project on Peace and Cooperation in the Asian-Pacific Region at Stanford University’s Center for International Security and Cooperation, “Making China’s nuclear war plan,” Bulletin of the Atomic Scientists September/October 2012 vol. 68 no. 5 45-65, http://bos.sagepub.com/content/68/5/45.full
If the CMC authorizes a missile base to launch preemptive conventional attacks on an enemy
AND
double policies could unexpectedly cause, rather than deter, a nuclear exchange.
Advantage 2 is Accountability
Accountability mechanisms that constrain the executive prevent drone overuse in Yemen
Benjamin R. Farley 12, JD from Emory University School of Law, former Editor-in-Chief of the Emory International Law Review, “Drones and Democracy: Missing Out on Accountability?” Winter 2012, 54 S. Tex. L. Rev. 385, lexis
Effective accountability mechanisms constrain policymakers' freedom to choose to use force by increasing the costs
AND
to go to war is more likely to lead the nation into war.
Judicial review is key to prevent mistakes – executive targeting decisions are inevitably flawed and violent
Ahmad Chehab 12, Georgetown University Law Center, “RETRIEVING THE ROLE OF ACCOUNTABILITY IN THE TARGETED KILLINGS CONTEXT: A PROPOSAL FOR JUDICIAL REVIEW,” March 30 2012, abstract available at http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2031572
The practical, pragmatic justification for the COAACC derives largely from considering social psychological findings
AND
choices and evaluate available alternatives than when subject to little to no review.
Overuse of targeted killings in Yemen strengthens AQAP and fuels instability
Danielle Wiener-Bronner 12/13/13, staff writer at the Wire and former Web Editor for Reuters, “Latest Drone Strikes Shows How U.S. Strategy in Yemen Is Backfiring,” http://www.thewire.com/global/2013/12/yemen-drones/356111/
Targeted drone killings are defended by the United States as means to combat al-
AND
U.S. if drone casualties are not scaled back or eliminated.
AQAP is strengthening now---they’re regrouping
UPI 1/22, “Report: Al Qaeda systematically assassinating Yemen's intelligence officers,” http://www.albawaba.com/news/yemen-al-qaeda-549282
Dozens of top intelligence and military officers have been assassinated in recent months in a
AND
Nasir al-Wuhayshi, Osama bin Laden's personal secretary in the 1990s.
Recruitment is key
John Masters 8/22/13, Deputy Editor @ the Council on Foreign Relations, “Al-Qaeda in the Arabian Peninsula (AQAP),” CFR Backgrounder, http://www.cfr.org/yemen/al-qaeda-arabian-peninsula-aqap/p9369#p6
The militant Islamist group al-Qaeda in the Arabian Peninsula (AQAP) was
AND
"—the United States, particularly for its unholy alliance with Saudi Arabia.

Several Impacts:
1st is Saudi Arabia
Strengthened AQAP undermines the Saudi regime
Colonel Hassan Abosaq 12, US Army War College, master of strategic studies degree candidate, 2012, "The Implications of Unstable on Saudi Arabia," Strategy Research Project, www.dtic.mil/cgi-bin/GetTRDoc?Location=U2anddoc=GetTRDoc.pdfandAD=ADA560581
AQAP has been vociferous in its opposition to the Saudi regime, and is likely
AND
growing anarchy and al-Qaeda presence could spill over into Saudi Arabia.
That destabilizes the Middle East
Anthony Cordesman 11, Arleigh A. Burke Chair in Strategy at CSIS, former director of intelligence assessment in the Office of the Secretary of Defense, former adjunct prof of national security studies at Georgetown, PhD from London University, Feb 26 2011, “Understanding Saudi Stability and Instability: A Very Different Nation,” http://csis.org/publication/understanding-saudi-stability-and-instability-very-different-nation
History scarcely means we can take Saudi stability for granted. Saudi Arabia is simply
AND
the Middle East depends on Saudi Arabia having a friendly and moderate regime.
Global nuke war
Primakov 9 September, Yevgeny, President of the Chamber of Commerce and Industry of the Russian Federation; Member of the Russian Academy of Sciences; member of the Editorial Board of Russia in Global Affairs. This article is based on the scientific report for which the author was awarded the Lomonosov Gold Medal of the Russian Academy of Sciences in 2008, “The Middle East Problem in the Context of International Relations”  
The Middle East conflict is unparalleled in terms of its potential for spreading globally.
AND
seems that President Obama’s position does not completely rule out such a possibility.

Second is India
Safe haven in Yemen lets AQAP launch attacks on India
Shankar Roychowdhury 11, former Indian Chief of Army Staff and a former member of Parliament, Sept 6 2011, “India needs a 360° terror appraisal,” http://archive.asianage.com/columnists/india-needs-360-terror-appraisal-391
In this context, Al Qaeda and its emerging connections in Yemen have become very
AND
take due note of other threats as well and exercise the requisite caution.
Causes Indo-Pak nuclear war
Juan C Zarate 11, senior adviser at the Center for Strategic and International Studies, visiting lecturer at Harvard University,  Feb 20 2011, “An alarming South Asia powder keg,” http://www.washingtonpost.com/wp-dyn/content/article/2011/02/18/AR2011021805662.html
Significant terrorist attacks in India, against Parliament in 2001 and in Mumbai in 2008
AND
that Pakistan's nuclear weapons and capabilities are set to surpass those of India.
Extinction
Greg Chaffin 11, Research Assistant at Foreign Policy in Focus, July 8, 2011, “Reorienting U.S. Security Strategy in South Asia,” online: http://www.fpif.org/articles/reorienting_us_security_strategy_in_south_asia
A nuclear conflict in the subcontinent would have disastrous effects on the world as a
AND
lead to more drought, worldwide food shortages, and widespread political upheaval.

Third is Arms Control
Yemen instability undercuts the effectiveness of Middle East arms control measures---has global ripple effects
Dr. Ahmed Saif 12 is Executive Director of the Sheba Centre for Strategic Studies
AND
/Yemen_and_the_Middle_East_Conference.pdf
Yemen’s ongoing domestic crisis has profound regional and global implications. This is due to
AND
which the region’s state actors might contemplate as part of the envisioned MEC.
Arms control is key to prevent extinction
Harold Müller 2k, Director of the Peace Research Institute-Frankfurt and Professor of International Relations at Goethe University, “Compliance Politics: A Critical Analysis of Multilateral Arms Control Treaty Enforcement”, The Nonproliferation Review, 7(2), Summer 2000
In this author's view,3 at least four distinct missions continue to make arms
AND
level of conflict and assist in ushering in new relations of global cooperation.

Middle East arms control solves US-Russia disputes over missile defense---key to relations
Michael Elleman 12, senior fellow for regional security cooperation at the International Institute for Strategic Studies, May 2012, “Banning Long-Range Missiles in the Middle East: A First Step for Regional Arms Control,” http://www.armscontrol.org/act/2012_05/Banning_Long-Range_Missiles_In_the_Middle_East_A_First_Step_For_Regional_Arms_Control
The international community, perhaps led by China, Russia, the United States,
AND
and, in particular, are a major obstacle to further arms reductions.
US-Russia relations solve nuke war
Allison 11 (Graham, 10/30, Director of the Belfer Center for Science and International Affairs at Harvard’s Kennedy School of Government, “10 reasons why Russia still matters,” http://dyn.politico.com/printstory.cfm?uuid=161EF282-72F9-4D48-8B9C-C5B3396CA0E6)
That central point is that Russia matters a great deal to a U.S
AND
Tehran to joining China in preventing U.N. Security Council resolutions.

Solvency
The plan establishes legal norms and ensures compliance with the laws of war
Jonathan Hafetz 13, Associate Prof of Law at Seton Hall University Law School, former Senior Staff Attorney at the ACLU, served on legal teams in multiple Supreme Court cases regarding national security, “Reviewing Drones,” 3/8/2013, http://www.huffingtonpost.com/jonathan-hafetz/reviewing-drones_b_2815671.html
The better course is to ensure meaningful review after the fact. To this end
AND
If a drone strike satisfies these requirements, the suit should be dismissed.
“Cause of action” creates a deterrent effect that makes officials think twice about drones---drawbacks of judicial review don’t apply
Stephen I. Vladeck 13, Professor of Law and Associate Dean for Scholarship at American University Washington College of Law, senior editor of the peer-reviewed Journal of National Security Law and Policy, Supreme Court Fellow at the Constitution Project, and fellow at the Center on National Security at Fordham University School of Law, JD from Yale Law School, Feb 27 2013, “DRONES AND THE WAR ON TERROR: WHEN CAN THE U.S.TARGET ALLEGED AMERICAN TERRORISTS OVERSEAS?” Hearing Before the House Committee on the Judiciary, http://www.lawfareblog.com/wp-content/uploads/2013/02/Vladeck-02272013.pdf
At first blush, it may seem like many of these issues would be equally
AND
laws of the United States, what does the government have to hide?
Ex post review creates a credible signal of compliance that restrains future executives
Kwame Holman 13, congressional correspondent for PBS NewsHour; citing Rosa Brooks, Prof of Law at Georgetown University Law Center, former Counselor to the Under Secretary of Defense for Policy, former senior advisor at the US Dept of State, “Congress Begins to Weigh In On Drone Strikes Policy,” http://www.pbs.org/newshour/rundown/2013/04/congress-begins-to-weigh-in-on-drone-strikes-policy.html
While some experts have argued for court oversight of drone strikes before they're carried out
AND
more generally that our policies are in compliance with rule of law norms."
Only judicial oversight can credibly verify compliance with the laws of war
Avery Plaw 7, Associate Prof of Political Science at the University of Massachusetts at Dartmouth, PhD in Political Science from McGill University, “Terminating Terror: The Legality, Ethics and Effectiveness of Targeting Terrorists,” Theoria: A Journal of Social and Political Theory, No. 114, War and Terror (December 2007), pp. 1-27
To summarize, the general policy of targeting terrorists appears to be defensible in principle
AND
robustly upheld, a role that could be effectively performed by a court.
Now is key and only the US can lead---lack of rules undermines all other norms on violence
James Whibley 13, received a M.A. in International Relations from Victoria University of Wellington, New Zealand, February 6th, 2013 "The Proliferation of Drone Warfare: The Weakening of Norms and International Precedent," Georgetown Journal of International Affairs,journal.georgetown.edu/2013/02/06/the-proliferation-of-drone-warfare-the-weakening-of-norms-and-international-precedent-by-james-whibley/
While drone advocates such as Max Boot argue that other countries are unlikely to follow
AND
, then surely China or Russia possessing such a program would be terrifying.

Tournament: Districts | Round: 1 | Opponent: Indiana MP | Judge:
T
We meet---plan restricts Presidential authority to construe the legal limits on TK---assassination ban proves
Jonathan Ulrich 5, associate in the International Arbitration Group of White and Case, LLP, JD from the University of Virginia School of Law, “NOTE: The Gloves Were Never On: Defining the President's Authority to Order Targeted Killing in the War Against Terrorism,” 45 Va. J. Int'l L. 1029, lexis
The discretionary authority to construe the limits of the assassination ban remains in the hands
AND
there have been some efforts in Congress to lift the ban entirely. n27
Restrictions mean limitations
CAA 8,COURT OF APPEALS OF ARIZONA, DIVISION ONE, DEPARTMENT A, STATE OF ARIZONA, Appellee, v. JEREMY RAY WAGNER, Appellant., 2008 Ariz. App. Unpub. LEXIS 613
P10 The term "restriction" is not defined by the Legislature for the purposes
AND
dictate that the term "restriction" includes the ignition interlock device limitation.
We restrict the war power to assert sovereign immunity AND cause of action is a restriction
Edward Keynes 10, Professor of Political Science at The Pennsylvania State University and has been visiting professor at the universities of Cologne, Kiel, and Marburg. A University of Wisconsin Ph.D., he has been a Fulbright and an Alexander von Humboldt fellow, “Undeclared War: Twilight Zone of Constitutional Power”, Google Books, p. 119-120
Despite numerous cases challenging the President’s authority to initiate and conduct the Vietnam War,
AND
concern for the rule of law recommended intervention rather than self-restraint.
So is ex post
ECHR 91,European Court of Human Rights, Decision in Ezelin v. France, 26 April 1991, http://www.bailii.org/eu/cases/ECHR/1991/29.html
The main question in issue concerns Article 11 (art. 11), which provides
AND
, Series A no. 133, p. 19, § 28).
Counter-interp---authority means legality---and Vladeck says we clarify permissible scope
Ellen Taylor 96, 21 Del. J. Corp. L. 870 (1996), Hein Online
The term authority is commonly thought of in the context of the law of agency
AND
is between what the agent can do and what the agent may do.
Counter-interp---war powers authority is OVERALL power over war-making---we meet
Manget 91 Fred F, Assistant General Counsel with the CIA, "Presidential War Powers", 1991, media.nara.gov/dc-metro/rg-263/6922330/Box-10-114-7/263-a1-27-box-10-114-7.pdf
The President's war powers authority is actually a national defense power that exists at all
AND
wage it, in the broadest sense. It operates at all times.

Tournament: Ndtdistrict5 | Round: 4 | Opponent: Wayne State Justice-Slaw | Judge: DeLong, Gliniecki, Kall

Plan

The United States federal government should limit the President’s war powers authority to assert, on behalf of the United States, immunity from judicial review by establishing a cause of action allowing civil suits brought against the United States by those unlawfully injured by targeted killing operations, their heirs, or their estates in security cleared legal proceedings.

Advantage 1 is Accountability

Accountability mechanisms that constrain the executive prevent drone overuse in Yemen

Benjamin R. Farley 12, JD from Emory University School of Law, former Editor-in-Chief of the Emory International Law Review, "Drones and Democracy: Missing Out on Accountability?" Winter 2012, 54 S. Tex. L. Rev. 385, lexis
Effective accountability mechanisms constrain policymakers’ freedom to choose to use force by increasing the costs
AND
to go to war is more likely to lead the nation into war. 

Judicial review is key to prevent mistakes – executive targeting decisions are inevitably flawed

Ahmad Chehab 12, Georgetown University Law Center, "RETRIEVING THE ROLE OF ACCOUNTABILITY IN THE TARGETED KILLINGS CONTEXT: A PROPOSAL FOR JUDICIAL REVIEW," March 30 2012, abstract available at http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2031572
The practical, pragmatic justification for the COAACC derives largely from considering social psychological findings
AND
choices and evaluate available alternatives than when subject to little to no review.

Overuse of targeted killings in Yemen strengthens AQAP and fuels instability

Danielle Wiener-Bronner 12/13/13, staff writer at the Wire and former Web Editor for Reuters, "Latest Drone Strikes Shows How U.S. Strategy in Yemen Is Backfiring," http://www.thewire.com/global/2013/12/yemen-drones/356111/
Targeted drone killings are defended by the United States as means to combat al-
AND
U.S. if drone casualties are not scaled back or eliminated.

AQAP is strengthening now

UPI 1/22, "Report: Al Qaeda systematically assassinating Yemen’s intelligence officers," http://www.albawaba.com/news/yemen-al-qaeda-549282
Dozens of top intelligence and military officers have been assassinated in recent months in a
AND
Nasir al-Wuhayshi, Osama bin Laden’s personal secretary in the 1990s.

Several Impacts:

1^st is Saudi Arabia

Strengthened AQAP undermines the Saudi regime

Colonel Hassan Abosaq 12, US Army War College, master of strategic studies degree candidate, 2012, "The Implications of Unstable on Saudi Arabia," Strategy Research Project, www.dtic.mil/cgi-bin/GetTRDoc?Location=U226doc=GetTRDoc.pdf26AD=ADA560581
AQAP has been vociferous in its opposition to the Saudi regime, and is likely
AND
growing anarchy and al-Qaeda presence could spill over into Saudi Arabia.

That destabilizes the Middle East

Anthony Cordesman 11, Arleigh A. Burke Chair in Strategy at CSIS, former director of intelligence assessment in the Office of the Secretary of Defense, former adjunct prof of national security studies at Georgetown, PhD from London University, Feb 26 2011, "Understanding Saudi Stability and Instability: A Very Different Nation," http://csis.org/publication/understanding-saudi-stability-and-instability-very-different-nation
History scarcely means we can take Saudi stability for granted. Saudi Arabia is simply
AND
the Middle East depends on Saudi Arabia having a friendly and moderate regime.

Global nuke war

Primakov 9 ~September, Yevgeny, President of the Chamber of Commerce and Industry of the Russian Federation; Member of the Russian Academy of Sciences; member of the Editorial Board of Russia in Global Affairs. This article is based on the scientific report for which the author was awarded the Lomonosov Gold Medal of the Russian Academy of Sciences in 2008, "The Middle East Problem in the Context of International Relations"~  
The Middle East conflict is unparalleled in terms of its potential for spreading globally.
AND
seems that President Obama’s position does not completely rule out such a possibility.

Second is India

Safe haven in Yemen lets AQAP launch attacks on India

Shankar Roychowdhury 11, former Indian Chief of Army Staff and a former member of Parliament, Sept 6 2011, "India needs a 360° terror appraisal," http://archive.asianage.com/columnists/india-needs-360-terror-appraisal-391
In this context, Al Qaeda and its emerging connections in Yemen have become very
AND
take due note of other threats as well and exercise the requisite caution.

Causes Indo-Pak nuclear war

Juan C Zarate 11, senior adviser at the Center for Strategic and International Studies, visiting lecturer at Harvard University,  Feb 20 2011, "An alarming South Asia powder keg," http://www.washingtonpost.com/wp-dyn/content/article/2011/02/18/AR2011021805662.html
Significant terrorist attacks in India, against Parliament in 2001 and in Mumbai in 2008
AND
that Pakistan’s nuclear weapons and capabilities are set to surpass those of India.

Extinction

Greg Chaffin 11, Research Assistant at Foreign Policy in Focus, July 8, 2011, "Reorienting U.S. Security Strategy in South Asia," online: http://www.fpif.org/articles/reorienting_us_security_strategy_in_south_asia
A nuclear conflict in the subcontinent would have disastrous effects on the world as a
AND
lead to more drought, worldwide food shortages, and widespread political upheaval.

Third is Arms Control

Yemen instability undercuts the effectiveness of Middle East arms control measures—-has global ripple effects

Dr. Ahmed Saif 12 is Executive Director of the Sheba Centre for Strategic Studies
AND
/Yemen_and_the_Middle_East_Conference.pdf
Yemen’s ongoing domestic crisis has profound regional and global implications. This is due to
AND
which the region’s state actors might contemplate as part of the envisioned MEC.

Arms control is key to prevent extinction

Harold Müller 2k, Director of the Peace Research Institute-Frankfurt and Professor of International Relations at Goethe University, "Compliance Politics: A Critical Analysis of Multilateral Arms Control Treaty Enforcement", The Nonproliferation Review, 7(2), Summer 2000
In this author’s view,3 at least four distinct missions continue to make arms
AND
level of conflict and assist in ushering in new relations of global cooperation.

Middle East arms control solves US-Russia disputes over missile defense—-key to relations

Michael Elleman 12, senior fellow for regional security cooperation at the International Institute for Strategic Studies, May 2012, "Banning Long-Range Missiles in the Middle East: A First Step for Regional Arms Control," http://www.armscontrol.org/act/2012_05/Banning_Long-Range_Missiles_In_the_Middle_East_A_First_Step_For_Regional_Arms_Control
The international community, perhaps led by China, Russia, the United States,
AND
and, in particular, are a major obstacle to further arms reductions.

US-Russia relations solve nuke war

Allison 11 (Graham, 10/30, Director of the Belfer Center for Science and International Affairs at Harvard’s Kennedy School of Government, "10 reasons why Russia still matters," http://dyn.politico.com/printstory.cfm?uuid=161EF282-72F9-4D48-8B9C-C5B3396CA0E6)
That central point is that Russia matters a great deal to a U.S
AND
Tehran to joining China in preventing U.N. Security Council resolutions.

Advantage 2 is Preventive War

Justifying US targeted killings with an expansive interpretation of "imminence" will spill over to erode legal restraints on all violence and legitimize preventive war

Craig Martin 11, Associate Professor of Law at Washburn University School of Law, "Going Medieval: Targeted Killing, Self-Defence, and the Jus Ad Bellum Regime," Ch 8 in TARGETED KILLINGS: LAW 26 MORALITY IN AN ASYMMETRICAL WORLD, p. 223, available at http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1956141
IV. The potential impact of the targeted killing policy on international law
The United States has been engaging in this practice of using drone-mounted missile
AND
a threat that is much less serious in the grand scheme of things.

Specifically, executive discretion over the legitimacy of targets will eviscerate legal restrictions on self-defense

Rosa Brooks 13, Professor of Law at the Georgetown University Law Center, Bernard L. Schwartz Senior Fellow at the New America Foundation, "The Constitutional and Counterterrorism Implications of Targeted Killing," http://www.judiciary.senate.gov/pdf/04-23-13BrooksTestimony.pdf
5. Setting Troubling International Precedents ¶ Here is an additional reason to worry about
AND
them to justify the killing of dissidents, rivals, or unwanted minorities?

Now is key—-US targeted killing is driving a global shift in strategic doctrines—-results in nuclear war

Kerstin Fisk 13, visiting assistant professor in the Department of Political Science at Loyola Marymount University, PhD in Political Science from Claremont Graduate University, and Jennifer M. Ramos, Assistant Professor of Political Science at Loyola Marymount University, PhD in Political Science from UC Davis, April 15 2013, "Actions Speak Louder Than Words: Preventive Self-Defense as a Cascading Norm," International Studies Perspectives, http://onlinelibrary.wiley.com.turing.library.northwestern.edu/doi/10.1111/insp.12013/full
Preventive self-defense entails waging a war or an attack by choice, in
AND
it continues to provide other states with the justification to do the same.

The impact is an endless, global series of preventive wars—-those go nuclear

Ariel Colonomos 13, Director of Research at the French National Centre for Scientific Research, Ph.D. in political science from the Institut d’Etudes Politiques de Paris, "The Gamble of War: Is it Possible to Justify Preventive War?" p 72-75, google books
John Yoo holds that the American interventions in Afghanistan or Iraq fulfilled the criteria of
AND
United States to its new enemies and of their greater number and dispersal.

Robust norms restricting the use of force empirically prevent conflict escalation among great powers

John Vasquez 9, Thomas B. Mackie Scholar of International Relations and Professor of Political Science at the University of Illinois at Urbana-Champaign, PhD in Poli Sci from Syracuse University, "Peace," Chapter 8 in The War Puzzle Revisited, p 298-299, google books
Wallensteen’s examination of the characteristics of particularist periods provides significant additional evidence that the steps
AND
war is by reducing, limiting, and managing disputes short of war.

And, a model of preventative war justifies Chinese attacks on US missile defense

Stephen Walt 4, Robert and Renee Belfer Professor of International Affairs at Harvard, PhD in Political Science from UC Berkeley, October 1 2004, "The Strategic Environment," Panel Discussion at "Preemptive Use of Force: A Reassessment," Conference held by the Fletcher Forum on International Affairs, http://www.brookings.edu/views/papers/daalder/daalder_fletcher.pdf
Finally, as Ivo has already noted, there is this precedent problem. By
AND
Of course we would. So again, we’re creating a precedent here.

Causes full-scale nuclear war

John W. Lewis 12, William Haas Professor of Chinese Politics, emeritus, at Stanford University, PhD from UCLA, and Xue Litai, research scholar at the Project on Peace and Cooperation in the Asian-Pacific Region at Stanford University’s Center for International Security and Cooperation, "Making China’s nuclear war plan," Bulletin of the Atomic Scientists September/October 2012 vol. 68 no. 5 45-65, http://bos.sagepub.com/content/68/5/45.full
If the CMC authorizes a missile base to launch preemptive conventional attacks on an enemy
AND
double policies could unexpectedly cause, rather than deter, a nuclear exchange.

Credible external oversight is key to solve—-the alternative is an anything-goes standard

Omar S. Bashir 12, is a Ph.D. candidate in the Department of Politics at Princeton University and a graduate of the Department of Aeronautics and Astronautics at MIT, September 24th, 2012, "Who Watches the Drones?" Foreign Affairs,www.foreignaffairs.com/articles/138141/omar-s-bashir/who-watches-the-drones
Further, the U.S. counterterrorism chief John Brennan has noted that the
AND
oversight to their own drone campaigns would reveal their disregard for humanitarian concerns. 

Solvency

The plan establishes legal norms and ensures compliance with the laws of war —- resolves expansive interpretation of imminence

Jonathan Hafetz 13, Associate Prof of Law at Seton Hall University Law School, former Senior Staff Attorney at the ACLU, served on legal teams in multiple Supreme Court cases regarding national security, "Reviewing Drones," 3/8/2013, http://www.huffingtonpost.com/jonathan-hafetz/reviewing-drones_b_2815671.html
The better course is to ensure meaningful review after the fact. To this end
AND
If a drone strike satisfies these requirements, the suit should be dismissed.

"Cause of action" creates a makes officials think twice about the worst drone strikes —- drawbacks of judicial review don’t apply

Stephen I. Vladeck 13, Professor of Law and Associate Dean for Scholarship at American University Washington College of Law, senior editor of the peer-reviewed Journal of National Security Law and Policy, Supreme Court Fellow at the Constitution Project, and fellow at the Center on National Security at Fordham University School of Law, JD from Yale Law School, Feb 27 2013, "DRONES AND THE WAR ON TERROR: WHEN CAN THE U.S.TARGET ALLEGED AMERICAN TERRORISTS OVERSEAS?" Hearing Before the House Committee on the Judiciary, http://www.lawfareblog.com/wp-content/uploads/2013/02/Vladeck-02272013.pdf
At first blush, it may seem like many of these issues would be equally
AND
laws of the United States, what does the government have to hide?

Ex post review creates a credible signal of compliance that restrains future executives

Kwame Holman 13, congressional correspondent for PBS NewsHour; citing Rosa Brooks, Prof of Law at Georgetown University Law Center, former Counselor to the Under Secretary of Defense for Policy, former senior advisor at the US Dept of State, "Congress Begins to Weigh In On Drone Strikes Policy," http://www.pbs.org/newshour/rundown/2013/04/congress-begins-to-weigh-in-on-drone-strikes-policy.html
While some experts have argued for court oversight of drone strikes before they’re carried out
AND
more generally that our policies are in compliance with rule of law norms."

Only judicial oversight can credibly verify compliance with the laws of war

Avery Plaw 7, Associate Prof of Political Science at the University of Massachusetts at Dartmouth, PhD in Political Science from McGill University, "Terminating Terror: The Legality, Ethics and Effectiveness of Targeting Terrorists," Theoria: A Journal of Social and Political Theory, No. 114, War and Terror (December 2007), pp. 1-27
To summarize, the general policy of targeting terrorists appears to be defensible in principle
AND
robustly upheld, a role that could be effectively performed by a court.

Tournament: GSU | Round: 2 | Opponent: Harvard DT | Judge: Susko

1AC—-GSU Round 2

Advantage 1 is Accountability

Accountability mechanisms that constrain the executive prevent drone overuse in Pakistan and Yemen—-drones are key to stability but overuse is counterproductive

Benjamin R. Farley 12, JD from Emory University School of Law, former Editor-in-Chief of the Emory International Law Review, "Drones and Democracy: Missing Out on Accountability?" Winter 2012, 54 S. Tex. L. Rev. 385, lexis
Effective accountability mechanisms constrain policymakers’ freedom to choose to use force by increasing the costs
AND
to go to war is more likely to lead the nation into war. 

Judicial review is key to prevent mistakes – executive targeting decisions are inevitably flawed

Tiberiu Dragu 13, Assistant Prof in the Dept of Politics at NYU, PhD in Poli Sci from Stanford University, and Oliver Board, associate in the Corporate Department of Wachtell, Lipton, Rosen 26 Katz, former Assistant Prof of Economics at the University of Pittsburgh, D.Phil. in Economics from the University of Oxford, J.D. from NYU School  of Law, "On Judicial Review in a Separation of Powers System," June 3 2013, https://files.nyu.edu/tcd224/public/papers/judicial.pdf
Our analysis has relevance for existing debates on the scope of judicial review in the
AND
the institutional structure of liberal governments when the social objective is terrorism prevention.

Opposing authors force a false choice by only arguing against total bans on drones—-reform through external oversight solves all status quo problems—-executive actions aren’t accountable

Conor Friedersdorf 13, staff writer at The Atlantic, where he focuses on politics and national affairs, March 27th, 2013, "Let’s Make Drone Strikes Safe, Legal, and Rare,"www.theatlantic.com/politics/archive/2013/03/lets-make-drone-strikes-safe-legal-and-rare/274399/
Plenty of pundits on the left and right still support targeted killing, as do
AND
that has the prerogative to reverse itself in secret or grant itself exceptions.

Scenario 1 is Yemen

Unaccountable drone strikes strengthen AQAP and destabilize Yemen

Jacqueline Manning 12, Senior Editor of International Affairs Review, December 9 2012, "Free to Kill: How a Lack of Accountability in America’s Drone Campaign Threatens U.S. Efforts in Yemen," http://www.iar-gwu.org/node/450
Earlier this year White House counter-terrorism advisor, John Brennan, named al
AND
only acknowledge them, but also pay amends to families of the victims.

Strengthened AQAP undermines the Saudi regime

Colonel Hassan Abosaq 12, US Army War College, master of strategic studies degree candidate, 2012, "The Implications of Unstable on Saudi Arabia," Strategy Research Project, www.dtic.mil/cgi-bin/GetTRDoc?Location=U226doc=GetTRDoc.pdf26AD=ADA560581
AQAP has been vociferous in its opposition to the Saudi regime, and is likely
AND
growing anarchy and al-Qaeda presence could spill over into Saudi Arabia.

That destabilizes the Middle East

Anthony Cordesman 11, Arleigh A. Burke Chair in Strategy at CSIS, former director of intelligence assessment in the Office of the Secretary of Defense, former adjunct prof of national security studies at Georgetown, PhD from London University, Feb 26 2011, "Understanding Saudi Stability and Instability: A Very Different Nation," http://csis.org/publication/understanding-saudi-stability-and-instability-very-different-nation
History scarcely means we can take Saudi stability for granted. Saudi Arabia is simply
AND
the Middle East depends on Saudi Arabia having a friendly and moderate regime.

Global nuke war

Primakov 9 ~September, Yevgeny, President of the Chamber of Commerce and Industry of the Russian Federation; Member of the Russian Academy of Sciences; member of the Editorial Board of Russia in Global Affairs. This article is based on the scientific report for which the author was awarded the Lomonosov Gold Medal of the Russian Academy of Sciences in 2008, "The Middle East Problem in the Context of International Rela

Tournament: Harvard | Round: 3 | Opponent: MoState BR | Judge: Duffy

1AC

Advantage 1 is Accountability

Accountability mechanisms that constrain the executive prevent drone overuse in Pakistan and Yemen—-drones are key to stability but overuse is counterproductive

Benjamin R. Farley 12, JD from Emory University School of Law, former Editor-in-Chief of the Emory International Law Review, "Drones and Democracy: Missing Out on Accountability?" Winter 2012, 54 S. Tex. L. Rev. 385, lexis
Effective accountability mechanisms constrain policymakers’ freedom to choose to use force by increasing the costs
AND
to go to war is more likely to lead the nation into war. 

Judicial review is key to prevent mistakes – executive targeting decisions are inevitably flawed

Ahmad Chehab 12, Georgetown University Law Center, "RETRIEVING THE ROLE OF ACCOUNTABILITY IN THE TARGETED KILLINGS CONTEXT: A PROPOSAL FOR JUDICIAL REVIEW," March 30 2012, abstract available at http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2031572
The practical, pragmatic justification for the COAACC derives largely from considering social psychological findings
AND
choices and evaluate available alternatives than when subject to little to no review.

Opposing authors force a false choice by only arguing against total bans—-reform through external oversight solves status quo problems—-executive actions aren’t accountable

Conor Friedersdorf 13, staff writer at The Atlantic, where he focuses on politics and national affairs, March 27th, 2013, "Let’s Make Drone Strikes Safe, Legal, and Rare,"www.theatlantic.com/politics/archive/2013/03/lets-make-drone-strikes-safe-legal-and-rare/274399/
Plenty of pundits on the left and right still support targeted killing, as do
AND
that has the prerogative to reverse itself in secret or grant itself exceptions.

Scenario 1 is Yemen

Unaccountable drone strikes strengthen AQAP and destabilize Yemen

Jacqueline Manning 12, Senior Editor of International Affairs Review, December 9 2012, "Free to Kill: How a Lack of Accountability in America’s Drone Campaign Threatens U.S. Efforts in Yemen," http://www.iar-gwu.org/node/450
Earlier this year White House counter-terrorism advisor, John Brennan, named al
AND
only acknowledge them, but also pay amends to families of the victims.

Strengthened AQAP undermines the Saudi regime

Colonel Hassan Abosaq 12, US Army War College, master of strategic studies degree candidate, 2012, "The Implications of Unstable on Saudi Arabia," Strategy Research Project, www.dtic.mil/cgi-bin/GetTRDoc?Location=U226doc=GetTRDoc.pdf26AD=ADA560581
AQAP has been vociferous in its opposition to the Saudi regime, and is likely
AND
growing anarchy and al-Qaeda presence could spill over into Saudi Arabia.

That destabilizes the Middle East

Anthony Cordesman 11, Arleigh A. Burke Chair in Strategy at CSIS, former director of intelligence assessment in the Office of the Secretary of Defense, former adjunct prof of national security studies at Georgetown, PhD from London University, Feb 26 2011, "Understanding Saudi Stability and Instability: A Very Different Nation," http://csis.org/publication/understanding-saudi-stability-and-instability-very-different-nation
History scarcely means we can take Saudi stability for granted. Saudi Arabia is simply
AND
the Middle East depends on Saudi Arabia having a friendly and moderate regime.

Global nuke war

Primakov 9 ~September, Yevgeny, President of the Chamber of Commerce and Industry of the Russian Federation; Member of the Russian Academy of Sciences; member of the Editorial Board of Russia in Global Affairs. This article is based on the scientific report for which the author was awarded the Lomonosov Gold Medal of the Russian Academy of Sciences in 2008, "The Middle East Problem in the Context of International Relations"~  
The Middle East conflict is unparalleled in terms of its potential for spreading globally.
AND
seems that President Obama’s position does not completely rule out such a possibility.

Scenario 2 is Pakistan

Overuse of drones in Pakistan empowers militants and destabilizes the government

Michael J Boyle 13, Assistant Professor of Political Science at La Salle University, former Lecturer in International Relations and Research Fellow at the Centre for the Study of Terrorism and Political Violence at the University of St Andrews, PhD from Cambridge University, January 2013, "The costs and consequences of drone warfare," International Affairs 89: 1 (2013) 1–29, http://www.chathamhouse.org/sites/default/files/public/International20Affairs/2013/89_1/89_1Boyle.pdf
The escalation of drone strikes in Pakistan to its current tempo—one every few
AND
military, which has launched coups before, remains a popular force.77

Pakistan instability causes loose nukes and Indian intervention —- goes nuclear

Michael O’Hanlon 5, senior fellow with the Center for 21st Century Security and Intelligence and director of research for the Foreign Policy program at the Brookings Institution, visiting lecturer at Princeton University, an adjunct professor at Johns Hopkins University, and a member of the International Institute for Strategic Studies
PhD in public and international affairs from Princeton, Apr 27 2005, "Dealing with the Collapse of a Nuclear-Armed State: The Cases of North Korea and Pakistan," http://www.princeton.edu/~~ppns/papers/ohanlon.pdf
Were Pakistan to collapse, it is unclear what the United States and like-
AND
Indian Army, nuclear dangers have long been considered to run very high.

Extinction

Greg Chaffin 11, Research Assistant at Foreign Policy in Focus, July 8, 2011, "Reorienting U.S. Security Strategy in South Asia," online: http://www.fpif.org/articles/reorienting_us_security_strategy_in_south_asia
A nuclear conflict in the subcontinent would have disastrous effects on the world as a
AND
lead to more drought, worldwide food shortages, and widespread political upheaval.

Advantage 2 is Norms

Failure to adopt rules for US drones sets an abusive international precedent——magnifies every impact by causing global instability and collapse of interstate relations

Kristen Roberts 13, news editor for National Journal, master’s in security studies from Georgetown University, master’s degree in journalism from Columbia University, March 21st, 2013, "When the Whole World Has Drones," National Journal, www.nationaljournal.com/magazine/when-the-whole-world-has-drones-20130321
To implement this covert program, the administration has adopted a tool that lowers the
AND
uses of one of the most awesome military robotics capabilities of this generation.

And it makes great power war inevitable by tempting leaders to use drones too often—-causes escalation—-traditional checks don’t apply

Eric Posner 13, a professor at the University of Chicago Law School, May 15th, 2013, "The Killer Robot War is Coming," Slate, www.slate.com/articles/news_and_politics/view_from_chicago/2013/05/drone_warfare_and_spying_we_need_new_laws.html
Drones have existed for decades, but in recent years they have become ubiquitous.
AND
When those technological barriers fall, legal restrictions may need to be tightened.

These conflicts go nuclear —- wrecks global stability

Michael J Boyle 13, Assistant Professor of Political Science at La Salle University, former Lecturer in International Relations and Research Fellow at the Centre for the Study of Terrorism and Political Violence at the University of St Andrews, PhD from Cambridge University, January 2013, "The costs and consequences of drone warfare," International Affairs 89: 1 (2013) 1–29, http://www.chathamhouse.org/sites/default/files/public/International20Affairs/2013/89_1/89_1Boyle.pdf
A second consequence of the spread of drones is that many of the traditional concepts
AND
powers, thus magnifying the risks of a spiral of conflict between them.

Credible external oversight is key—-leads to international modeling and allows the US to effectively crack down on other abusive drone programs

Omar S. Bashir 12, is a Ph.D. candidate in the Department of Politics at Princeton University and a graduate of the Department of Aeronautics and Astronautics at MIT, September 24th, 2012, "Who Watches the Drones?" Foreign Affairs,www.foreignaffairs.com/articles/138141/omar-s-bashir/who-watches-the-drones
Further, the U.S. counterterrorism chief John Brennan has noted that the
AND
oversight to their own drone campaigns would reveal their disregard for humanitarian concerns. 

Now is key to shape international norms and only the US can lead—-lack of rules undermines all other norms on violence

James Whibley 13, received a M.A. in International Relations from Victoria University of Wellington, New Zealand, February 6th, 2013 "The Proliferation of Drone Warfare: The Weakening of Norms and International Precedent," Georgetown Journal of International Affairs,journal.georgetown.edu/2013/02/06/the-proliferation-of-drone-warfare-the-weakening-of-norms-and-international-precedent-by-james-whibley/
While drone advocates such as Max Boot argue that other countries are unlikely to follow
AND
, then surely China or Russia possessing such a program would be terrifying.

That prevents heg decline and allows the US to set global drones norms that prevent the worst consequences of use

Michael J Boyle 13, Assistant Professor of Political Science at La Salle University, former Lecturer in International Relations and Research Fellow at the Centre for the Study of Terrorism and Political Violence at the University of St Andrews, PhD from Cambridge University, January 2013, "The costs and consequences of drone warfare," International Affairs 89: 1 (2013) 1–29, http://www.chathamhouse.org/sites/default/files/public/International20Affairs/2013/89_1/89_1Boyle.pdf
In his second term, President Obama has an opportunity to reverse course and establish
AND
to shrug off the loss of life that drones inflict on others today.

Decline of US leadership causes global conflict

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
AND
forecast in a future that will inevitably be devoid of unrivalled US primacy.

Lack of norms causes Chinese drone aggression in maritime disputes—-that increases tensions

Shawn Brimley 13, Ben FitzGerald, and Ely Ratner, vice president, director of the Technology and National Security Program, and deputy director of the Asia Program at the Center for a New American Security, 9/17/13, The Drone War Comes to Asia, Foreign Policy, http://www.foreignpolicy.com/articles/2013/09/17/the_drone_war_comes_to_asia?page=full
It’s now been a year since Japan’s previously ruling liberal government purchased three of the
AND
political leadership, these technologies could very well lead the region into war.

Causes US-Sino nuclear war

Max Fisher 11, foreign affairs writer and editor for the Atlantic, MA in security studies from Johns Hopkins, Oct 31 2011, "5 Most Likely Ways the U.S. and China Could Spark Accidental Nuclear War," http://www.theatlantic.com/international/archive/2011/10/5-most-likely-ways-the-us-and-china-could-spark-accidental-nuclear-war/247616
Neither the U.S. nor China has any interest in any kind of
AND
Soviet mishaps of the 1980s — is exactly what makes them so dangerous.

Plan

The United States Federal Government should limit the President’s war powers authority to assert, on behalf of the United States, immunity from judicial review by establishing a cause of action allowing civil suits brought against the United States by those unlawfully injured by targeted killing operations, their heirs, or their estates in security cleared legal proceedings.

Solvency

The plan establishes legal norms and ensures compliance with the laws of war

Jonathan Hafetz 13, Associate Prof of Law at Seton Hall University Law School, former Senior Staff Attorney at the ACLU, served on legal teams in multiple Supreme Court cases regarding national security, "Reviewing Drones," 3/8/2013, http://www.huffingtonpost.com/jonathan-hafetz/reviewing-drones_b_2815671.html
The better course is to ensure meaningful review after the fact. To this end
AND
If a drone strike satisfies these requirements, the suit should be dismissed.

Cause of action creates a deterrent effect that makes officials think twice about drones—-drawbacks of judicial review don’t apply

Stephen I. Vladeck 13, Professor of Law and Associate Dean for Scholarship at American University Washington College of Law, senior editor of the peer-reviewed Journal of National Security Law and Policy, Supreme Court Fellow at the Constitution Project, and fellow at the Center on National Security at Fordham University School of Law, JD from Yale Law School, Feb 27 2013, "DRONES AND THE WAR ON TERROR: WHEN CAN THE U.S.TARGET ALLEGED AMERICAN TERRORISTS OVERSEAS?" Hearing Before the House Committee on the Judiciary, http://www.lawfareblog.com/wp-content/uploads/2013/02/Vladeck-02272013.pdf
At first blush, it may seem like many of these issues would be equally
AND
laws of the United States, what does the government have to hide?

Ex post review creates a credible signal of compliance that restrains future executives

Kwame Holman 13, congressional correspondent for PBS NewsHour; citing Rosa Brooks, Prof of Law at Georgetown University Law Center, former Counselor to the Under Secretary of Defense for Policy, former senior advisor at the US Dept of State, "Congress Begins to Weigh In On Drone Strikes Policy," http://www.pbs.org/newshour/rundown/2013/04/congress-begins-to-weigh-in-on-drone-strikes-policy.html
While some experts have argued for court oversight of drone strikes before they’re carried out
AND
more generally that our policies are in compliance with rule of law norms."

Only judicial oversight can credibly verify compliance with the laws of war

Avery Plaw 7, Associate Prof of Political Science at the University of Massachusetts at Dartmouth, PhD in Political Science from McGill University, "Terminating Terror: The Legality, Ethics and Effectiveness of Targeting Terrorists," Theoria: A Journal of Social and Political Theory, No. 114, War and Terror (December 2007), pp. 1-27
To summarize, the general policy of targeting terrorists appears to be defensible in principle
AND
robustly upheld, a role that could be effectively performed by a court.

Tournament: Ndt | Round: 1 | Opponent: Texas Fitz-Makuch | Judge: Allsup, Feldman, Turner
Plan
The United States federal government should limit the President's war powers authority to assert, on behalf of the United States, immunity from judicial review by establishing a cause of action allowing civil suits brought against the United States by those unlawfully injured by targeted killing operations, their heirs, or next friends in security cleared legal proceedings.
Advantage is Accountability
Judicial review is key to prevent unlawful strikes – executive targeting decisions are inevitably flawed and violent
Ahmad Chehab 12, Georgetown University Law Center, “RETRIEVING THE ROLE OF ACCOUNTABILITY IN THE TARGETED KILLINGS CONTEXT: A PROPOSAL FOR JUDICIAL REVIEW,” March 30 2012, abstract available at http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2031572
The practical, pragmatic justification for the COAACC derives largely from considering social psychological findings
AND
choices and evaluate available alternatives than when subject to little to no review.
Accountability mechanisms that constrain the executive prevent drone overuse in Yemen
Benjamin R. Farley 12, JD from Emory University School of Law, former Editor-in-Chief of the Emory International Law Review, “Drones and Democracy: Missing Out on Accountability?” Winter 2012, 54 S. Tex. L. Rev. 385, lexis
Effective accountability mechanisms constrain policymakers' freedom to choose to use force by increasing the costs
AND
to go to war is more likely to lead the nation into war.
Overuse of targeted killings in Yemen strengthens AQAP and fuels instability
Danielle Wiener-Bronner 12/13/13, staff writer at the Wire and former Web Editor for Reuters, “Latest Drone Strikes Shows How U.S. Strategy in Yemen Is Backfiring,” http://www.thewire.com/global/2013/12/yemen-drones/356111/
Targeted drone killings are defended by the United States as means to combat al-
AND
U.S. if drone casualties are not scaled back or eliminated.
AQAP is strengthening now-~--they’re regrouping
UPI 1/22, “Report: Al Qaeda systematically assassinating Yemen's intelligence officers,” http://www.albawaba.com/news/yemen-al-qaeda-549282
Dozens of top intelligence and military officers have been assassinated in recent months in a
AND
Nasir al-Wuhayshi, Osama bin Laden's personal secretary in the 1990s.

AQAP in Yemen is the core of Al Qaeda’s operations
John Masters 8/22/13, Deputy Editor @ the Council on Foreign Relations, “Al-Qaeda in the Arabian Peninsula (AQAP),” CFR Backgrounder, http://www.cfr.org/yemen/al-qaeda-arabian-peninsula-aqap/p9369#p6
The militant Islamist group al-Qaeda in the Arabian Peninsula (AQAP) was
AND
"—the United States, particularly for its unholy alliance with Saudi Arabia.

Al Qaeda’s actions, statements, and internal documents prove they want nuclear weapons and mass casualty attacks
Larry J. Arbuckle 8, Naval Postgraduate School, "The Deterrence of Nuclear Terrorism through an Attribution Capability", Thesis for master of science in defense analysis, approved by Professor Robert O'Connell, and Gordon McCormick, Chairman, Department of Defense Analysis, Naval Postgraduate School, June
However, there is evidence that a small number of terrorist organizations in recent history
AND
and not a function of their pure preference (Western Europe, 2005).
Risk of nuclear terrorism is real and high now
Bunn et al 10/2/13 Matthew, Valentin Kuznetsov, Martin B. Malin, Yuri Morozov, Simon Saradzhyan, William H. Tobey, Viktor I. Yesin, and Pavel S. Zolotarev. "Steps to Prevent Nuclear Terrorism." Paper, Belfer Center for Science and International Affairs, Harvard Kennedy School, October 2, 2013, Matthew Bunn. Professor of the Practice of Public Policy at Harvard Kennedy School andCo-Principal Investigator of Project on Managing the Atom at Harvard University’s Belfer Center for Science and International Affairs. • Vice Admiral Valentin Kuznetsov (retired Russian Navy). Senior research fellow at the Institute for U.S. and Canadian Studies of the Russian Academy of Sciences, Senior Military Representative of the Russian Ministry of Defense to NATO from 2002 to 2008. • Martin Malin. Executive Director of the Project on Managing the Atom at the Belfer Center for Science and International Affairs. • Colonel Yuri Morozov (retired Russian Armed Forces). Professor of the Russian Academy of Military Sciences and senior research fellow at the Institute for U.S. and Canadian Studies of the Russian Academy of Sciences, chief of department at the Center for Military-Strategic Studies at the General Staff of the Russian Armed Forces from 1995 to 2000. • Simon Saradzhyan. Fellow at Harvard University’s Belfer Center for Science and International Affairs, Moscow-based defense and security expert and writer from 1993 to 2008. • William Tobey. Senior fellow at Harvard University’s Belfer Center for Science and International Affairs and director of the U.S.-Russia Initiative to Prevent Nuclear Terrorism, deputy administrator for Defense Nuclear Nonproliferation at the U.S. National Nuclear Security Administration from 2006 to 2009. • Colonel General Viktor Yesin (retired Russian Armed Forces). Leading research fellow at the Institute for U.S. and Canadian Studies of the Russian Academy of Sciences and advisor to commander of the Strategic Missile Forces of Russia, chief of staff of the Strategic Missile Forces from 1994 to 1996. • Major General Pavel Zolotarev (retired Russian Armed Forces). Deputy director of the Institute for U.S. and Canadian Studies of the Russian Academy of Sciences, head of the Information and Analysis Center of the Russian Ministry of Defense from1993 to 1997, section head - deputy chief of staff of the Defense Council of Russia from 1997 to 1998.http://belfercenter.ksg.harvard.edu/publication/23430/steps_to_prevent_nuclear_terrorism.html
I. Introduction In 2011, Harvard’s Belfer Center for Science and International Affairs and
AND
the intention to acquire and use nuclear weapons is as strong as ever.
Yes there are a lot of steps, but these are considered in studies-~--the risk is real
Peter Beinart 8, associate professor of journalism and political science at CUNY, The Good Fight; Why Liberals – and only Liberals – Can Win the War on Terror and Make America Great Again, 106-7
For all these reasons, jihadists seem less intent on acquiring a finished nuclear weapon
AND
they performed the same exercise—and got the uranium past customs again.
Terrorism studies are epistemologically and methodologically valid-~--our authors are self-reflexive
Michael J. Boyle '8, School of International Relations, University of St. Andrews, and John Horgan, International Center for the Study of Terrorism, Department of Psychology, Pennsylvania State University, April 2008, “A Case Against Critical Terrorism Studies,” Critical Studies On Terrorism, Vol. 1, No. 1, p. 51-64
 Jackson (2007c) calls for the development of an explicitly CTS on the
AND
community of scholars does not produce such scathing indictments of its own work. 

Successful nuclear terrorist attack kills billions
Owen B. Toon 7, chair of the Department of Atmospheric and Oceanic Sciences at CU-Boulder, et al., April 19, 2007, “Atmospheric effects and societal consequences of regional scale nuclear conflicts and acts of individual nuclear terrorism,” online: http://climate.envsci.rutgers.edu/pdf/acp-7-1973-2007.pdf
To an increasing extent, people are congregating in the world’s great urban centers,
AND
should be carried out as well for the present scenarios and physical outcomes.

Independently, large-scale terrorist attacks cause retaliatory nuclear strikes by the US
Robert Ayson 10, Professor of Strategic Studies and Director of the Centre for Strategic Studies: New Zealand – Victoria University of Wellington, “After a Terrorist Nuclear Attack: Envisaging Catalytic Effects”, Studies in Conflict and Terrorism, 33(7), July
A Catalytic Response: Dragging in the Major Nuclear Powers
A terrorist nuclear attack, and even the use of nuclear weapons in response by
AND
consultation from Washington that the latter found itself unable or unwilling to provide.
Solvency
The plan establishes legal norms and ensures compliance with the laws of war
Jonathan Hafetz 13, Associate Prof of Law at Seton Hall University Law School, former Senior Staff Attorney at the ACLU, served on legal teams in multiple Supreme Court cases regarding national security, “Reviewing Drones,” 3/8/2013, http://www.huffingtonpost.com/jonathan-hafetz/reviewing-drones_b_2815671.html
The better course is to ensure meaningful review after the fact. To this end
AND
If a drone strike satisfies these requirements, the suit should be dismissed.
Cause of action deters abuse and avoids legal barriers-~--drawbacks of judicial review don’t apply
Stephen I. Vladeck 14, Prof of Law and Associate Dean for Scholarship, American University Washington College of Law, “Targeted Killing and Judicial Review ,”
Once one accepts that neutral magistrates are competent to resolve certain issues in suits challenging
AND
regard to the state secrets privilege, which Congress could otherwise abrogate.85
Multiple suits have been brought but they were DISMISSED because the exec said there was no legal standing-~--the plan solves this
Joshua Hersch 12, July 18th, 2012, "Drone Wars: Civil Liberties Groups Sue CIA, Pentagon Over Targeted Killings ," www.huffingtonpost.com/2012/07/18/drone-wars-aclu-cia-lawsuit_n_1681508.html
The ACLU and the Center for Constitutional Rights both have long track records of attempting
AND
during a video chat with the public on Google+ earlier this year.
Ex post review creates a credible signal of compliance that restrains future executives
Kwame Holman 13, congressional correspondent for PBS NewsHour; citing Rosa Brooks, Prof of Law at Georgetown University Law Center, former Counselor to the Under Secretary of Defense for Policy, former senior advisor at the US Dept of State, “Congress Begins to Weigh In On Drone Strikes Policy,” http://www.pbs.org/newshour/rundown/2013/04/congress-begins-to-weigh-in-on-drone-strikes-policy.html
While some experts have argued for court oversight of drone strikes before they're carried out
AND
more generally that our policies are in compliance with rule of law norms."
Only judicial oversight can credibly verify compliance with the laws of war
Avery Plaw 7, Associate Prof of Political Science at the University of Massachusetts at Dartmouth, PhD in Political Science from McGill University, “Terminating Terror: The Legality, Ethics and Effectiveness of Targeting Terrorists,” Theoria: A Journal of Social and Political Theory, No. 114, War and Terror (December 2007), pp. 1-27
To summarize, the general policy of targeting terrorists appears to be defensible in principle
AND
robustly upheld, a role that could be effectively performed by a court.
The plan creates political incentives for the executive to comply
Richard H. Pildes 12, Sudler Family Professor of Constitutional Law at NYU School of Law and Co-Director of the NYU Center on Law and Security, April 2012, “Law and the President,” NYU School of Law Public Law and Legal Theory Research Paper Series, Working Paper No. 12-13, http://ssrn.com/abstract=2012024
But as Levinson’s work helps to show, even on its own terms, Posner
AND
distinction that seems of limited pragmatic significance, as the next Part shows.
Legal solutions can effectively engage issues in the war on terrorism
Nick Basciano 13, 11/3/13, intern at Brookings. Notre Dame Grad, Book Review: Dirty Wars: The World is a Battlefield by Jeremy Scahill, www.lawfareblog.com/2013/11/dirty-wars-the-world-is-a-battlefield/
Scahill’s project is to depict the “dark side” of what he considers to
AND
people to count those costs carefully—something Dirty Wars fails to do.
Simulation over war powers is empowering -~-- students are key
Laura K. Donohue 13, Associate Professor of Law, Georgetown Law, 4/11, National Security Law Pedagogy and the Role of Simulations, http://jnslp.com/wp-content/uploads/2013/04/National-Security-Law-Pedagogy-and-the-Role-of-Simulations.pdf
2. Factual Chaos and Uncertainty¶ One of the most important skills for students
AND
their future success to give students the ability to create conditions of learning.
Simulated national security law debates preserve agency and enhance decision-making
Laura K. Donohue 13, Associate Professor of Law, Georgetown Law, 4/11, “National Security Law Pedagogy and the Role of Simulations”, http://jnslp.com/wp-content/uploads/2013/04/National-Security-Law-Pedagogy-and-the-Role-of-Simulations.pdf
The concept of simulations as an aspect of higher education, or in the law
AND
undoubtedly necessary, it suggests one potential direction for the years to come.
Policy relevant debate about war powers is critical to hold the government accountable -~-- must engage specific proposals to solve
Ewan E. Mellor 13, European University Institute, Political and Social Sciences, Graduate Student, Paper Prepared for BISA Conference, “Why policy relevance is a moral necessity: Just war theory, impact, and UAVs”, http://www.academia.edu/4175480/Why_policy_relevance_is_a_moral_necessity_Just_war_theory_impact_and_UAVs
This section of the paper considers more generally the need for just war theorists to
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country” that we are “especially obligated to criticise its policies.”51

Tournament: Texas | Round: Octas | Opponent: Harvard Suo-Bolman | Judge: Harris, Crowe, Najor, Walters, Weil

Plan

The United States federal government should limit the President’s war powers authority to assert, on behalf of the United States, immunity from judicial review by establishing a cause of action allowing civil suits brought against the United States by those unlawfully injured by targeted killing operations, their heirs, or their estates in security cleared legal proceedings.

Advantage is Accountability

Judicial review is key to prevent unlawful strikes – executive targeting decisions are inevitably flawed and violent

Ahmad Chehab 12, Georgetown University Law Center, "RETRIEVING THE ROLE OF ACCOUNTABILITY IN THE TARGETED KILLINGS CONTEXT: A PROPOSAL FOR JUDICIAL REVIEW," March 30 2012, abstract available at http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2031572
The practical, pragmatic justification for the COAACC derives largely from considering social psychological findings
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choices and evaluate available alternatives than when subject to little to no review.

Accountability mechanisms that constrain the executive prevent drone overuse in Yemen

Benjamin R. Farley 12, JD from Emory University School of Law, former Editor-in-Chief of the Emory International Law Review, "Drones and Democracy: Missing Out on Accountability?" Winter 2012, 54 S. Tex. L. Rev. 385, lexis
Effective accountability mechanisms constrain policymakers’ freedom to choose to use force by increasing the costs
AND
to go to war is more likely to lead the nation into war. 

Overuse of targeted killings in Yemen strengthens AQAP and fuels instability

Danielle Wiener-Bronner 12/13/13, staff writer at the Wire and former Web Editor for Reuters, "Latest Drone Strikes Shows How U.S. Strategy in Yemen Is Backfiring," http://www.thewire.com/global/2013/12/yemen-drones/356111/
Targeted drone killings are defended by the United States as means to combat al-
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U.S. if drone casualties are not scaled back or eliminated.

AQAP is strengthening now—-they’re regrouping

UPI 1/22, "Report: Al Qaeda systematically assassinating Yemen’s intelligence officers," http://www.albawaba.com/news/yemen-al-qaeda-549282
Dozens of top intelligence and military officers have been assassinated in recent months in a
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Nasir al-Wuhayshi, Osama bin Laden’s personal secretary in the 1990s.

AQAP in Yemen is the core of Al Qaeda’s operations

John Masters 8/22/13, Deputy Editor @ the Council on Foreign Relations, "Al-Qaeda in the Arabian Peninsula (AQAP)," CFR Backgrounder, http://www.cfr.org/yemen/al-qaeda-arabian-peninsula-aqap/p9369~~23p6
The militant Islamist group al-Qaeda in the Arabian Peninsula (AQAP) was
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"—the United States, particularly for its unholy alliance with Saudi Arabia.

Al Qaeda’s actions, statements, and internal documents prove they want nuclear weapons and mass casualty attacks

Larry J. Arbuckle 8, Naval Postgraduate School, "The Deterrence of Nuclear Terrorism through an Attribution Capability", Thesis for master of science in defense analysis, approved by Professor Robert O’Connell, and Gordon McCormick, Chairman, Department of Defense Analysis, Naval Postgraduate School, June
However, there is evidence that a small number of terrorist organizations in recent history
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and not a function of their pure preference (Western Europe, 2005).

Risk of nuclear terrorism is real and high now

Bunn et al 10/2/13 Matthew, Valentin Kuznetsov, Martin B. Malin, Yuri Morozov, Simon Saradzhyan, William H. Tobey, Viktor I. Yesin, and Pavel S. Zolotarev. "Steps to Prevent Nuclear Terrorism." Paper, Belfer Center for Science and International Affairs, Harvard Kennedy School, October 2, 2013, Matthew Bunn. Professor of the Practice of Public Policy at Harvard Kennedy School andCo-Principal Investigator of Project on Managing the Atom at Harvard University’s Belfer Center for Science and International Affairs. • Vice Admiral Valentin Kuznetsov (retired Russian Navy). Senior research fellow at the Institute for U.S. and Canadian Studies of the Russian Academy of Sciences, Senior Military Representative of the Russian Ministry of Defense to NATO from 2002 to 2008. • Martin Malin. Executive Director of the Project on Managing the Atom at the Belfer Center for Science and International Affairs. • Colonel Yuri Morozov (retired Russian Armed Forces). Professor of the Russian Academy of Military Sciences and senior research fellow at the Institute for U.S. and Canadian Studies of the Russian Academy of Sciences, chief of department at the Center for Military-Strategic Studies at the General Staff of the Russian Armed Forces from 1995 to 2000. • Simon Saradzhyan. Fellow at Harvard University’s Belfer Center for Science and International Affairs, Moscow-based defense and security expert and writer from 1993 to 2008. • William Tobey. Senior fellow at Harvard University’s Belfer Center for Science and International Affairs and director of the U.S.-Russia Initiative to Prevent Nuclear Terrorism, deputy administrator for Defense Nuclear Nonproliferation at the U.S. National Nuclear Security Administration from 2006 to 2009. • Colonel General Viktor Yesin (retired Russian Armed Forces). Leading research fellow at the Institute for U.S. and Canadian Studies of the Russian Academy of Sciences and advisor to commander of the Strategic Missile Forces of Russia, chief of staff of the Strategic Missile Forces from 1994 to 1996. • Major General Pavel Zolotarev (retired Russian Armed Forces). Deputy director of the Institute for U.S. and Canadian Studies of the Russian Academy of Sciences, head of the Information and Analysis Center of the Russian Ministry of Defense from1993 to 1997, section head - deputy chief of staff of the Defense Council of Russia from 1997 to 1998.http://belfercenter.ksg.harvard.edu/publication/23430/steps_to_prevent_nuclear_terrorism.html
I. Introduction In 2011, Harvard’s Belfer Center for Science and International Affairs and
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the intention to acquire and use nuclear weapons is as strong as ever.

Yes there are a lot of steps, but these are considered in studies—-the risk is real

Peter Beinart 8, associate professor of journalism and political science at CUNY, The Good Fight; Why Liberals – and only Liberals – Can Win the War on Terror and Make America Great Again, 106-7
For all these reasons, jihadists seem less intent on acquiring a finished nuclear weapon
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they performed the same exercise—and got the uranium past customs again. 

Terrorism studies are epistemologically and methodologically valid—-our authors are self-reflexive

Michael J. Boyle ’8, School of International Relations, University of St. Andrews, and John Horgan, International Center for the Study of Terrorism, Department of Psychology, Pennsylvania State University, April 2008, "A Case Against Critical Terrorism Studies," Critical Studies On Terrorism, Vol. 1, No. 1, p. 51-64
 Jackson (2007c) calls for the development of an explicitly CTS on the
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community of scholars does not produce such scathing indictments of its own work. 

Evaluate our specific scenarios and reject overgeneralizing criticisms

Jones and Smith 9 - * University of Queensland, Queensland, Australia  AND  King’s College, University of London, London, UK (David and M.L.R.,"We’re All Terrorists Now: Critical—or Hypocritical—Studies "on" Terrorism?," Studies in Conflict 26 Terrorism, Volume 32, Issue 4 April 2009 , pages 292 – 302, Taylor and Francis)
The journal, in other words, is not intended, as one might assume
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them. Do these claims, one might wonder, have any substance?
Significantly, the original proposal circulated by the publisher Routledge and one of the editors
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one might ask, what exactly does a critical approach to terrorism involve?
What it Means to be Critical
The editors and contributors explore what it means to be "critical" in detail
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study and its allegedly uncritical acceptance of the Western democratic state’s security perspective.
Indeed, to be critical requires a radical reversal of what the journal assumes to
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"silenced from public and … academic discourse" (p. 1).
The complicity of terrorism studies with the increasingly authoritarian demands of Western, liberal state
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journalists to be "the terrorist’s best friend" (p. 7).
Stohl further compounds this incoherence, claiming that "the media are far more likely
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no rational actor would engage in a campaign doomed to be endlessly misreported.
Nevertheless, the notion that an inherent pro-state bias vitiates terrorism studies pervades
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and correspond to a stable picture of reality" (p. 42).
Elsewhere, Adrian Guelke, in "Great Whites, Paedophiles and Terrorists: The
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more serious problem than non-state terrorism" (p. 76).
Yet, one searches in vain in these articles for evidence to support the ubiquitous
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confines of logic, reason, and the usual standards of academic inquiry.
Alleging a constitutive weakness in established scholarship without the necessity of providing proof to support
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hand experience of groups like the Taliban, Al Qaeda and Jemaah Islamiyah.
A consequence of avoiding primary research, it is further alleged, leads conventional analysts
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lost the capacity to reflect on both their practice and their research ethics.
By contrast, the critical approach is not only self-reflective, but also
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Douglass, Burke, and Booth explore, somewhat repetitively, its implications.
Reflexive or Defective?
Firstly, to challenge dominant knowledge and understanding and retain sensitivity to labels leads inevitably
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it would seem, all conventional terrorism studies address issues of homeland security.
In keeping with this critical orthodoxy that he has done much to define, Anthony
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to map out, study or resolve it" (p. 38).
Interestingly, Burke, Booth, and the symposistahood deny that there might be objective
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to them, the critical theorist’s radical questioning of language denies this possibility.
The critical approach to language and its deconstruction of an otherwise useful, if imperfect
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substitute for philosophy, social science, and a real theory of language.
The problem with the critical approach is that, as the Australian philosopher John Anderson
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the language is used, and the study of the linguistic phenomena themselves.
It is precisely, however, this confused mixture of fact and discourse that critical thinking seeks to impose on the study of terrorism and infuses the practice of critical theory more generally. From this confused seed no coherent method grows.
What is To Be Done?
This ontological confusion notwithstanding, Ken Booth sees critical theory not only exposing the dubious
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concluding injunction to "stand outside" prevailing ideologies (p. 78).
In his preferred imperative idiom, Booth further contends that terrorism is best studied in
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It is within this transformative praxis that critical theory situates terrorism and terrorists.
The political goals of those non-state entities that choose to practice the tactics
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of evaluation, is, it would seem, wrong but potentially excusable.
On the basis of this worrying relativism a further Ken Commandment requires the abolition of
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of al Qaeda~ cannot fully be understood apart from its evilness."4
The line of relativist inquiry that critical theorists like Booth evince toward terrorism leads in
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and the international order these structures inhabit and have done much to shape.
Histrionically Speaking
Critical theory, then, embraces relativism not only toward language but also toward social
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loathing of the openness that affords her histrionic posturing obscures this constituting fact.
On the basis of this histrionic empathy with the "other," critical theory concludes
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is "always" a weapon of the weak (p. 33).
At the core of this critical, ethicist, relativism therefore lies a syllogism that holds all violence is terror: Western states use violence, therefore, Western states are terrorist. Further, the greater terrorist uses the greater violence: Western governments exercise the greater violence. Therefore, it is the liberal democracies rather than Al Qaeda that are the greater terrorists.
In its desire to empathize with the transformative ends, if not the means of
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the "manipulation of the politics of fear" (p. 75).
Moreover, the resolution of this condition of escalating violence requires not any strategic solution
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create an enduring architecture of basic shared values" (p. 46).
In the end, un-coerced norm projection is not concerned with the world as it is, but how it ought to be. This not only compounds the logical errors that permeate critical theory, it advances an ultimately utopian agenda under the guise of soi-disant cosmopolitanism where one somewhat vaguely recognizes the "human interconnection and mutual vulnerability to nature, the cosmos and each other" (p. 47) and no doubt bursts into spontaneous chanting of Kumbaya.
In analogous visionary terms, Booth defines real security as emancipation in a way that
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analysis but instead are to serve as cheerleaders for this critically inspired vision.
Overall, the journal’s fallacious commitment to emancipation undermines any ostensible claim to pluralism and
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to the journal appear to hold Western politicians and the Western media.6
It is the exploitation of this oughtistic style of thinking that leads the critic into
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order to "other" minority communities and create a politics of fear.
Critical Studies and Strategic Theory—A Missed Opportunity
Of course, the doubtful contribution of critical theory by no means implies that all
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first edition should come from established terrorism researchers who critique the critical position.
Interestingly, the specter haunting both conventional and critical terrorism studies is that both assume
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state, in any context, without any necessary moral value being involved.
Ironically, then, strategic theory offers a far more "critical perspective on terrorism
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, terrorism does not, ipso facto, denote "absolutely illegitimate violence."
Intriguingly, Stohl, Booth, and Burke also imply that a strategic understanding forms
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as Horgan and Boyle point out, have more conventional studies of terrorism.
Yet, Burke offers—as a critical revelation—that "the strategic intent
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can be eliminated is illogical: you can never eliminate an abstract noun.
Consequently, those interested in a truly "critical" approach to the subject should
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. These reviewers agree: they are two sides of the same coin.
Conclusion
In the looking glass world of critical terror studies the conventional analysis of terrorism is
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liberal state. Terrorists therefore deserve empathy and they must be discursively engaged.
At the core of this understanding sits a radical pacifism and an idealism that requires
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pages of the journal of Critical Studies on Terrorism are its natural home.

Kills billions

Owen B. Toon 7, chair of the Department of Atmospheric and Oceanic Sciences at CU-Boulder, et al., April 19, 2007, "Atmospheric effects and societal consequences of regional scale nuclear conflicts and acts of individual nuclear terrorism," online: http://climate.envsci.rutgers.edu/pdf/acp-7-1973-2007.pdf
To an increasing extent, people are congregating in the world’s great urban centers,
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should be carried out as well for the present scenarios and physical outcomes.

Terrorism causes US retaliatory attacks that escalates

Robert Ayson 10, Professor of Strategic Studies and Director of the Centre for Strategic Studies: New Zealand – Victoria University of Wellington, "After a Terrorist Nuclear Attack: Envisaging Catalytic Effects", Studies in Conflict 26 Terrorism, 33(7), July
A Catalytic Response: Dragging in the Major Nuclear Powers
A terrorist nuclear attack, and even the use of nuclear weapons in response by
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consultation from Washington that the latter found itself unable or unwilling to provide. 

Solvency

The plan establishes legal norms and ensures compliance with the laws of war

Jonathan Hafetz 13, Associate Prof of Law at Seton Hall University Law School, former Senior Staff Attorney at the ACLU, served on legal teams in multiple Supreme Court cases regarding national security, "Reviewing Drones," 3/8/2013, http://www.huffingtonpost.com/jonathan-hafetz/reviewing-drones_b_2815671.html
The better course is to ensure meaningful review after the fact. To this end
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If a drone strike satisfies these requirements, the suit should be dismissed.

"Cause of action" creates a deterrent effect that makes officials think twice about drones—-drawbacks of judicial review don’t apply

Stephen I. Vladeck 13, Professor of Law and Associate Dean for Scholarship at American University Washington College of Law, senior editor of the peer-reviewed Journal of National Security Law and Policy, Supreme Court Fellow at the Constitution Project, and fellow at the Center on National Security at Fordham University School of Law, JD from Yale Law School, Feb 27 2013, "DRONES AND THE WAR ON TERROR: WHEN CAN THE U.S.TARGET ALLEGED AMERICAN TERRORISTS OVERSEAS?" Hearing Before the House Committee on the Judiciary, http://www.lawfareblog.com/wp-content/uploads/2013/02/Vladeck-02272013.pdf
At first blush, it may seem like many of these issues would be equally
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laws of the United States, what does the government have to hide?

Ex post review creates a credible signal of compliance that restrains future executives

Kwame Holman 13, congressional correspondent for PBS NewsHour; citing Rosa Brooks, Prof of Law at Georgetown University Law Center, former Counselor to the Under Secretary of Defense for Policy, former senior advisor at the US Dept of State, "Congress Begins to Weigh In On Drone Strikes Policy," http://www.pbs.org/newshour/rundown/2013/04/congress-begins-to-weigh-in-on-drone-strikes-policy.html
While some experts have argued for court oversight of drone strikes before they’re carried out
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more generally that our policies are in compliance with rule of law norms."

Only judicial oversight can credibly verify compliance with the laws of war

Avery Plaw 7, Associate Prof of Political Science at the University of Massachusetts at Dartmouth, PhD in Political Science from McGill University, "Terminating Terror: The Legality, Ethics and Effectiveness of Targeting Terrorists," Theoria: A Journal of Social and Political Theory, No. 114, War and Terror (December 2007), pp. 1-27
To summarize, the general policy of targeting terrorists appears to be defensible in principle
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robustly upheld, a role that could be effectively performed by a court.

The plan creates political incentives for the executive to comply

Richard H. Pildes 12, Sudler Family Professor of Constitutional Law at NYU School of Law and Co-Director of the NYU Center on Law and Security, April 2012, "Law and the President," NYU School of Law Public Law 26 Legal Theory Research Paper Series, Working Paper No. 12-13, http://ssrn.com/abstract=2012024
But as Levinson’s work helps to show, even on its own terms, Posner
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distinction that seems of limited pragmatic significance, as the next Part shows.

Legal solutions can effectively engage the problems terrorism poses

Nick Basciano 13, 11/3/13, intern at Brookings. Notre Dame Grad, Book Review: Dirty Wars: The World is a Battlefield by Jeremy Scahill, www.lawfareblog.com/2013/11/dirty-wars-the-world-is-a-battlefield/
Scahill’s project is to depict the "dark side" of what he considers to
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people to count those costs carefully—something Dirty Wars fails to do.

Simulation over war powers is empowering —- students are key

Laura K. Donohue 13, Associate Professor of Law, Georgetown Law, 4/11, National Security Law Pedagogy and the Role of Simulations, http://jnslp.com/wp-content/uploads/2013/04/National-Security-Law-Pedagogy-and-the-Role-of-Simulations.pdf
2. Factual Chaos and Uncertainty¶ One of the most important skills for students
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their future success to give students the ability to create conditions of learning.

Tournament: Texas | Round: 1 | Opponent: Wyoming Berry-Culver | Judge: Jacob

The United States federal government should limit the President’s war powers authority to assert, on behalf of the United States, immunity from judicial review by establishing a cause of action allowing civil suits brought against the United States by those unlawfully injured by targeted killing operations, their heirs, or their estates in security cleared legal proceedings.

Advantage 1 is Accountability

Accountability mechanisms that constrain the executive prevent drone overuse in Pakistan and Yemen

Benjamin R. Farley 12, JD from Emory University School of Law, former Editor-in-Chief of the Emory International Law Review, "Drones and Democracy: Missing Out on Accountability?" Winter 2012, 54 S. Tex. L. Rev. 385, lexis
Effective accountability mechanisms constrain policymakers’ freedom to choose to use force by increasing the costs
AND
to go to war is more likely to lead the nation into war. 

Judicial review is key to prevent mistakes – executive targeting decisions are inevitably flawed and violent

Ahmad Chehab 12, Georgetown University Law Center, "RETRIEVING THE ROLE OF ACCOUNTABILITY IN THE TARGETED KILLINGS CONTEXT: A PROPOSAL FOR JUDICIAL REVIEW," March 30 2012, abstract available at http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2031572
The practical, pragmatic justification for the COAACC derives largely from considering social psychological findings
AND
choices and evaluate available alternatives than when subject to little to no review.

Scenario 1 is Yemen

Overuse of targeted killings in Yemen strengthens AQAP and fuels instability

Danielle Wiener-Bronner 12/13/13, staff writer at the Wire and former Web Editor for Reuters, "Latest Drone Strikes Shows How U.S. Strategy in Yemen Is Backfiring," http://www.thewire.com/global/2013/12/yemen-drones/356111/
Targeted drone killings are defended by the United States as means to combat al-
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U.S. if drone casualties are not scaled back or eliminated.

Yemen instability undercuts the effectiveness of Middle East arms control measures—-has global ripple effects

Dr. Ahmed Saif 12 is Executive Director of the Sheba Centre for Strategic Studies
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/Yemen_and_the_Middle_East_Conference.pdf
Yemen’s ongoing domestic crisis has profound regional and global implications. This is due to
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which the region’s state actors might contemplate as part of the envisioned MEC.

Arms control is key to prevent global warfare and mass violence

Harold Müller 2k, Director of the Peace Research Institute-Frankfurt and Professor of International Relations at Goethe University, "Compliance Politics: A Critical Analysis of Multilateral Arms Control Treaty Enforcement", The Nonproliferation Review, 7(2), Summer 2000
In this author’s view,3 at least four distinct missions continue to make arms
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level of conflict and assist in ushering in new relations of global cooperation.

Scenario 2 is Pakistan

Strikes in Pakistan will continue and accelerate

Adam Entous 2/5, National Security Correspondent, Siobhan Gorman, Intelligence Correspondent, and Saeed Shah, Journalist covering Pakistan for The Wall Street Journal, "U.S. to Curb Pakistan Drone Program,"  http://online.wsj.com/news/articles/SB10001424052702304450904579365112070806176
Under the new approach, U.S. officials have told their Pakistani counterparts
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, depending on whether the CIA can pinpoint targets, the officials said.

Overuse of drones in Pakistan empowers militants and destabilizes the government

Michael J Boyle 13, Assistant Professor of Political Science at La Salle University, former Lecturer in International Relations and Research Fellow at the Centre for the Study of Terrorism and Political Violence at the University of St Andrews, PhD from Cambridge University, January 2013, "The costs and consequences of drone warfare," International Affairs 89: 1 (2013) 1–29, http://www.chathamhouse.org/sites/default/files/public/International20Affairs/2013/89_1/89_1Boyle.pdf
The escalation of drone strikes in Pakistan to its current tempo—one every few
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military, which has launched coups before, remains a popular force.77

Pakistan instability causes loose nukes and Indian intervention —- goes nuclear

Michael O’Hanlon 5, senior fellow with the Center for 21st Century Security and Intelligence and director of research for the Foreign Policy program at the Brookings Institution, visiting lecturer at Princeton University, an adjunct professor at Johns Hopkins University, and a member of the International Institute for Strategic Studies
PhD in public and international affairs from Princeton, Apr 27 2005, "Dealing with the Collapse of a Nuclear-Armed State: The Cases of North Korea and Pakistan," http://www.princeton.edu/~~ppns/papers/ohanlon.pdf
Were Pakistan to collapse, it is unclear what the United States and like-
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Indian Army, nuclear dangers have long been considered to run very high.

Extinction

Greg Chaffin 11, Research Assistant at Foreign Policy in Focus, July 8, 2011, "Reorienting U.S. Security Strategy in South Asia," online: http://www.fpif.org/articles/reorienting_us_security_strategy_in_south_asia
A nuclear conflict in the subcontinent would have disastrous effects on the world as a
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lead to more drought, worldwide food shortages, and widespread political upheaval.

Advantage 2 is Preventive War

US justifications for targeted killing will spill over to erode legal restraints on all violence and legitimize preventive war

Craig Martin 11, Associate Professor of Law at Washburn University School of Law, "Going Medieval: Targeted Killing, Self-Defence, and the Jus Ad Bellum Regime," Ch 8 in TARGETED KILLINGS: LAW 26 MORALITY IN AN ASYMMETRICAL WORLD, p. 223, available at http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1956141
IV. The potential impact of the targeted killing policy on international law
The United States has been engaging in this practice of using drone-mounted missile
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a threat that is much less serious in the grand scheme of things.

Robust norms restricting the use of force empirically prevent conflict escalation among great powers

John Vasquez 9, Thomas B. Mackie Scholar of International Relations and Professor of Political Science at the University of Illinois at Urbana-Champaign, PhD in Poli Sci from Syracuse University, "Peace," Chapter 8 in The War Puzzle Revisited, p 298-299, google books
Wallensteen’s examination of the characteristics of particularist periods provides significant additional evidence that the steps
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war is by reducing, limiting, and managing disputes short of war.

Specifically, executive discretion over the legitimacy of targets will eviscerate legal restrictions on self-defense

Rosa Brooks 13, Professor of Law at the Georgetown University Law Center, Bernard L. Schwartz Senior Fellow at the New America Foundation, "The Constitutional and Counterterrorism Implications of Targeted Killing," http://www.judiciary.senate.gov/pdf/04-23-13BrooksTestimony.pdf
5. Setting Troubling International Precedents ¶ Here is an additional reason to worry about
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them to justify the killing of dissidents, rivals, or unwanted minorities?

Now is key—-US targeted killing is driving a global shift in strategic doctrines—-results in nuclear war

Kerstin Fisk 13, visiting assistant professor in the Department of Political Science at Loyola Marymount University, PhD in Political Science from Claremont Graduate University, and Jennifer M. Ramos, Assistant Professor of Political Science at Loyola Marymount University, PhD in Political Science from UC Davis, April 15 2013, "Actions Speak Louder Than Words: Preventive Self-Defense as a Cascading Norm," International Studies Perspectives, http://onlinelibrary.wiley.com.turing.library.northwestern.edu/doi/10.1111/insp.12013/full
Preventive self-defense entails waging a war or an attack by choice, in
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it continues to provide other states with the justification to do the same.

Credible external oversight is key to solve—-the alternative is an anything-goes standard

Omar S. Bashir 12, is a Ph.D. candidate in the Department of Politics at Princeton University and a graduate of the Department of Aeronautics and Astronautics at MIT, September 24th, 2012, "Who Watches the Drones?" Foreign Affairs,www.foreignaffairs.com/articles/138141/omar-s-bashir/who-watches-the-drones
Further, the U.S. counterterrorism chief John Brennan has noted that the
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oversight to their own drone campaigns would reveal their disregard for humanitarian concerns. 

That causes an endless, global series of preventive wars—-those go nuclear

Ariel Colonomos 13, Director of Research at the French National Centre for Scientific Research, Ph.D. in political science from the Institut d’Etudes Politiques de Paris, "The Gamble of War: Is it Possible to Justify Preventive War?" p 72-75, google books
John Yoo holds that the American interventions in Afghanistan or Iraq fulfilled the criteria of
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United States to its new enemies and of their greater number and dispersal.

And, a model of preventative war justifies Chinese attacks on US missile defense

Stephen Walt 4, Robert and Renee Belfer Professor of International Affairs at Harvard, PhD in Political Science from UC Berkeley, October 1 2004, "The Strategic Environment," Panel Discussion at "Preemptive Use of Force: A Reassessment," Conference held by the Fletcher Forum on International Affairs, http://www.brookings.edu/views/papers/daalder/daalder_fletcher.pdf
Finally, as Ivo has already noted, there is this precedent problem. By
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Of course we would. So again, we’re creating a precedent here.

That goes nuclear

John W. Lewis 12, William Haas Professor of Chinese Politics, emeritus, at Stanford University, PhD from UCLA, and Xue Litai, research scholar at the Project on Peace and Cooperation in the Asian-Pacific Region at Stanford University’s Center for International Security and Cooperation, "Making China’s nuclear war plan," Bulletin of the Atomic Scientists September/October 2012 vol. 68 no. 5 45-65, http://bos.sagepub.com/content/68/5/45.full
If the CMC authorizes a missile base to launch preemptive conventional attacks on an enemy
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double policies could unexpectedly cause, rather than deter, a nuclear exchange.

Solvency

The plan authorizes civil suits against the Federal Government for unlawful targeted killing operations —- that establishes legal norms and ensures compliance with the laws of war

Jonathan Hafetz 13, Associate Prof of Law at Seton Hall University Law School, former Senior Staff Attorney at the ACLU, served on legal teams in multiple Supreme Court cases regarding national security, "Reviewing Drones," 3/8/2013, http://www.huffingtonpost.com/jonathan-hafetz/reviewing-drones_b_2815671.html
The better course is to ensure meaningful review after the fact. To this end
AND
If a drone strike satisfies these requirements, the suit should be dismissed.

"Cause of action" creates a deterrent effect that makes officials think twice about drones—-drawbacks of judicial review don’t apply

Stephen I. Vladeck 13, Professor of Law and Associate Dean for Scholarship at American University Washington College of Law, senior editor of the peer-reviewed Journal of National Security Law and Policy, Supreme Court Fellow at the Constitution Project, and fellow at the Center on National Security at Fordham University School of Law, JD from Yale Law School, Feb 27 2013, "DRONES AND THE WAR ON TERROR: WHEN CAN THE U.S.TARGET ALLEGED AMERICAN TERRORISTS OVERSEAS?" Hearing Before the House Committee on the Judiciary, http://www.lawfareblog.com/wp-content/uploads/2013/02/Vladeck-02272013.pdf
At first blush, it may seem like many of these issues would be equally
AND
laws of the United States, what does the government have to hide?

Ex post review creates a credible signal of compliance that restrains future executives

Kwame Holman 13, congressional correspondent for PBS NewsHour; citing Rosa Brooks, Prof of Law at Georgetown University Law Center, former Counselor to the Under Secretary of Defense for Policy, former senior advisor at the US Dept of State, "Congress Begins to Weigh In On Drone Strikes Policy," http://www.pbs.org/newshour/rundown/2013/04/congress-begins-to-weigh-in-on-drone-strikes-policy.html
While some experts have argued for court oversight of drone strikes before they’re carried out
AND
more generally that our policies are in compliance with rule of law norms."

Only judicial oversight can credibly verify compliance with the laws of war

Avery Plaw 7, Associate Prof of Political Science at the University of Massachusetts at Dartmouth, PhD in Political Science from McGill University, "Terminating Terror: The Legality, Ethics and Effectiveness of Targeting Terrorists," Theoria: A Journal of Social and Political Theory, No. 114, War and Terror (December 2007), pp. 1-27
To summarize, the general policy of targeting terrorists appears to be defensible in principle
AND
robustly upheld, a role that could be effectively performed by a court.

Now is key and only the US can lead—-lack of rules undermines all other norms on violence

James Whibley 13, received a M.A. in International Relations from Victoria University of Wellington, New Zealand, February 6th, 2013 "The Proliferation of Drone Warfare: The Weakening of Norms and International Precedent," Georgetown Journal of International Affairs,journal.georgetown.edu/2013/02/06/the-proliferation-of-drone-warfare-the-weakening-of-norms-and-international-precedent-by-james-whibley/
While drone advocates such as Max Boot argue that other countries are unlikely to follow
AND
, then surely China or Russia possessing such a program would be terrifying.

Tournament: Texas | Round: 5 | Opponent: Kansas Monaghan-Nelson | Judge: Wunderlich

Plan

The United States federal government should limit the President’s war powers authority to assert, on behalf of the United States, immunity from judicial review by establishing a cause of action allowing civil suits brought against the United States by those unlawfully injured by targeted killing operations, their heirs, or their estates in security cleared legal proceedings.

Advantage 1 is Accountability

Accountability mechanisms that constrain the executive prevent drone overuse in Pakistan and Yemen

Benjamin R. Farley 12, JD from Emory University School of Law, former Editor-in-Chief of the Emory International Law Review, "Drones and Democracy: Missing Out on Accountability?" Winter 2012, 54 S. Tex. L. Rev. 385, lexis
Effective accountability mechanisms constrain policymakers’ freedom to choose to use force by increasing the costs
AND
to go to war is more likely to lead the nation into war. 

Judicial review is key to prevent mistakes – executive targeting decisions are inevitably flawed and violent

Ahmad Chehab 12, Georgetown University Law Center, "RETRIEVING THE ROLE OF ACCOUNTABILITY IN THE TARGETED KILLINGS CONTEXT: A PROPOSAL FOR JUDICIAL REVIEW," March 30 2012, abstract available at http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2031572
The practical, pragmatic justification for the COAACC derives largely from considering social psychological findings
AND
choices and evaluate available alternatives than when subject to little to no review.

Scenario 1 is Yemen

Overuse of targeted killings in Yemen strengthens AQAP and fuels instability

Danielle Wiener-Bronner 12/13/13, staff writer at the Wire and former Web Editor for Reuters, "Latest Drone Strikes Shows How U.S. Strategy in Yemen Is Backfiring," http://www.thewire.com/global/2013/12/yemen-drones/356111/
Targeted drone killings are defended by the United States as means to combat al-
AND
U.S. if drone casualties are not scaled back or eliminated.

Yemen instability undercuts the effectiveness of Middle East arms control measures—-has global ripple effects

Dr. Ahmed Saif 12 is Executive Director of the Sheba Centre for Strategic Studies
AND
/Yemen_and_the_Middle_East_Conference.pdf
Yemen’s ongoing domestic crisis has profound regional and global implications. This is due to
AND
which the region’s state actors might contemplate as part of the envisioned MEC.

Arms control is key to prevent extinction

Harold Müller 2k, Director of the Peace Research Institute-Frankfurt and Professor of International Relations at Goethe University, "Compliance Politics: A Critical Analysis of Multilateral Arms Control Treaty Enforcement", The Nonproliferation Review, 7(2), Summer 2000
In this author’s view,3 at least four distinct missions continue to make arms
AND
level of conflict and assist in ushering in new relations of global cooperation.

Strengthened AQAP undermines the Saudi regime

Colonel Hassan Abosaq 12, US Army War College, master of strategic studies degree candidate, 2012, "The Implications of Unstable on Saudi Arabia," Strategy Research Project, www.dtic.mil/cgi-bin/GetTRDoc?Location=U226doc=GetTRDoc.pdf26AD=ADA560581
AQAP has been vociferous in its opposition to the Saudi regime, and is likely
AND
growing anarchy and al-Qaeda presence could spill over into Saudi Arabia.

That destabilizes the Middle East

Anthony Cordesman 11, Arleigh A. Burke Chair in Strategy at CSIS, former director of intelligence assessment in the Office of the Secretary of Defense, former adjunct prof of national security studies at Georgetown, PhD from London University, Feb 26 2011, "Understanding Saudi Stability and Instability: A Very Different Nation," http://csis.org/publication/understanding-saudi-stability-and-instability-very-different-nation
History scarcely means we can take Saudi stability for granted. Saudi Arabia is simply
AND
the Middle East depends on Saudi Arabia having a friendly and moderate regime.

Global nuke war

Primakov 9 ~September, Yevgeny, President of the Chamber of Commerce and Industry of the Russian Federation; Member of the Russian Academy of Sciences; member of the Editorial Board of Russia in Global Affairs. This article is based on the scientific report for which the author was awarded the Lomonosov Gold Medal of the Russian Academy of Sciences in 2008, "The Middle East Problem in the Context of International Relations"~  
The Middle East conflict is unparalleled in terms of its potential for spreading globally.
AND
seems that President Obama’s position does not completely rule out such a possibility.

Scenario 2 is Pakistan

Strikes in Pakistan will accelerate

Adam Entous 2/5, National Security Correspondent, Siobhan Gorman, Intelligence Correspondent, and Saeed Shah, Journalist covering Pakistan for The Wall Street Journal, "U.S. to Curb Pakistan Drone Program,"  http://online.wsj.com/news/articles/SB10001424052702304450904579365112070806176
Under the new approach, U.S. officials have told their Pakistani counterparts
AND
, depending on whether the CIA can pinpoint targets, the officials said.

Overuse of drones in Pakistan empowers militants and destabilizes the government

Michael J Boyle 13, Assistant Professor of Political Science at La Salle University, former Lecturer in International Relations and Research Fellow at the Centre for the Study of Terrorism and Political Violence at the University of St Andrews, PhD from Cambridge University, January 2013, "The costs and consequences of drone warfare," International Affairs 89: 1 (2013) 1–29, http://www.chathamhouse.org/sites/default/files/public/International20Affairs/2013/89_1/89_1Boyle.pdf
The escalation of drone strikes in Pakistan to its current tempo—one every few
AND
military, which has launched coups before, remains a popular force.77

Pakistan instability causes loose nukes and Indian intervention —- goes nuclear

Michael O’Hanlon 5, senior fellow with the Center for 21st Century Security and Intelligence and director of research for the Foreign Policy program at the Brookings Institution, visiting lecturer at Princeton University, an adjunct professor at Johns Hopkins University, and a member of the International Institute for Strategic Studies
PhD in public and international affairs from Princeton, Apr 27 2005, "Dealing with the Collapse of a Nuclear-Armed State: The Cases of North Korea and Pakistan," http://www.princeton.edu/~~ppns/papers/ohanlon.pdf
Were Pakistan to collapse, it is unclear what the United States and like-
AND
Indian Army, nuclear dangers have long been considered to run very high.

Extinction

Greg Chaffin 11, Research Assistant at Foreign Policy in Focus, July 8, 2011, "Reorienting U.S. Security Strategy in South Asia," online: http://www.fpif.org/articles/reorienting_us_security_strategy_in_south_asia
A nuclear conflict in the subcontinent would have disastrous effects on the world as a
AND
lead to more drought, worldwide food shortages, and widespread political upheaval.

Advantage 2 is Preventive War

US justifications for targeted killing will spill over to erode legal restraints on all violence and legitimize preventive war

Craig Martin 11, Associate Professor of Law at Washburn University School of Law, "Going Medieval: Targeted Killing, Self-Defence, and the Jus Ad Bellum Regime," Ch 8 in TARGETED KILLINGS: LAW 26 MORALITY IN AN ASYMMETRICAL WORLD, p. 223, available at http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1956141
IV. The potential impact of the targeted killing policy on international law
The United States has been engaging in this practice of using drone-mounted missile
AND
a threat that is much less serious in the grand scheme of things.

Robust norms restricting the use of force empirically prevent conflict escalation among great powers

John Vasquez 9, Thomas B. Mackie Scholar of International Relations and Professor of Political Science at the University of Illinois at Urbana-Champaign, PhD in Poli Sci from Syracuse University, "Peace," Chapter 8 in The War Puzzle Revisited, p 298-299, google books
Wallensteen’s examination of the characteristics of particularist periods provides significant additional evidence that the steps
AND
war is by reducing, limiting, and managing disputes short of war.

Specifically, executive discretion over the legitimacy of targets will eviscerate legal restrictions on self-defense

Rosa Brooks 13, Professor of Law at the Georgetown University Law Center, Bernard L. Schwartz Senior Fellow at the New America Foundation, "The Constitutional and Counterterrorism Implications of Targeted Killing," http://www.judiciary.senate.gov/pdf/04-23-13BrooksTestimony.pdf
5. Setting Troubling International Precedents ¶ Here is an additional reason to worry about
AND
them to justify the killing of dissidents, rivals, or unwanted minorities?

Now is key—-US targeted killing is driving a global shift in strategic doctrines—-results in nuclear war

Kerstin Fisk 13, visiting assistant professor in the Department of Political Science at Loyola Marymount University, PhD in Political Science from Claremont Graduate University, and Jennifer M. Ramos, Assistant Professor of Political Science at Loyola Marymount University, PhD in Political Science from UC Davis, April 15 2013, "Actions Speak Louder Than Words: Preventive Self-Defense as a Cascading Norm," International Studies Perspectives, http://onlinelibrary.wiley.com.turing.library.northwestern.edu/doi/10.1111/insp.12013/full
Preventive self-defense entails waging a war or an attack by choice, in
AND
it continues to provide other states with the justification to do the same.

Credible external oversight is key to solve—-the alternative is an anything-goes standard

Omar S. Bashir 12, is a Ph.D. candidate in the Department of Politics at Princeton University and a graduate of the Department of Aeronautics and Astronautics at MIT, September 24th, 2012, "Who Watches the Drones?" Foreign Affairs,www.foreignaffairs.com/articles/138141/omar-s-bashir/who-watches-the-drones
Further, the U.S. counterterrorism chief John Brennan has noted that the
AND
oversight to their own drone campaigns would reveal their disregard for humanitarian concerns. 

That causes an endless, global series of preventive wars—-those go nuclear

Ariel Colonomos 13, Director of Research at the French National Centre for Scientific Research, Ph.D. in political science from the Institut d’Etudes Politiques de Paris, "The Gamble of War: Is it Possible to Justify Preventive War?" p 72-75, google books
John Yoo holds that the American interventions in Afghanistan or Iraq fulfilled the criteria of
AND
United States to its new enemies and of their greater number and dispersal.

And, a model of preventative war justifies Chinese attacks on US missile defense

Stephen Walt 4, Robert and Renee Belfer Professor of International Affairs at Harvard, PhD in Political Science from UC Berkeley, October 1 2004, "The Strategic Environment," Panel Discussion at "Preemptive Use of Force: A Reassessment," Conference held by the Fletcher Forum on International Affairs, http://www.brookings.edu/views/papers/daalder/daalder_fletcher.pdf
Finally, as Ivo has already noted, there is this precedent problem. By
AND
Of course we would. So again, we’re creating a precedent here.

That goes nuclear

John W. Lewis 12, William Haas Professor of Chinese Politics, emeritus, at Stanford University, PhD from UCLA, and Xue Litai, research scholar at the Project on Peace and Cooperation in the Asian-Pacific Region at Stanford University’s Center for International Security and Cooperation, "Making China’s nuclear war plan," Bulletin of the Atomic Scientists September/October 2012 vol. 68 no. 5 45-65, http://bos.sagepub.com/content/68/5/45.full
If the CMC authorizes a missile base to launch preemptive conventional attacks on an enemy
AND
double policies could unexpectedly cause, rather than deter, a nuclear exchange.

Solvency

The plan authorizes civil suits against the Federal Government for unlawful targeted killing operations —- that establishes legal norms and ensures compliance with the laws of war

Jonathan Hafetz 13, Associate Prof of Law at Seton Hall University Law School, former Senior Staff Attorney at the ACLU, served on legal teams in multiple Supreme Court cases regarding national security, "Reviewing Drones," 3/8/2013, http://www.huffingtonpost.com/jonathan-hafetz/reviewing-drones_b_2815671.html
The better course is to ensure meaningful review after the fact. To this end
AND
If a drone strike satisfies these requirements, the suit should be dismissed.

"Cause of action" creates a deterrent effect that makes officials think twice about drones—-drawbacks of judicial review don’t apply

Stephen I. Vladeck 13, Professor of Law and Associate Dean for Scholarship at American University Washington College of Law, senior editor of the peer-reviewed Journal of National Security Law and Policy, Supreme Court Fellow at the Constitution Project, and fellow at the Center on National Security at Fordham University School of Law, JD from Yale Law School, Feb 27 2013, "DRONES AND THE WAR ON TERROR: WHEN CAN THE U.S.TARGET ALLEGED AMERICAN TERRORISTS OVERSEAS?" Hearing Before the House Committee on the Judiciary, http://www.lawfareblog.com/wp-content/uploads/2013/02/Vladeck-02272013.pdf
At first blush, it may seem like many of these issues would be equally
AND
laws of the United States, what does the government have to hide?

Ex post review creates a credible signal of compliance that restrains future executives

Kwame Holman 13, congressional correspondent for PBS NewsHour; citing Rosa Brooks, Prof of Law at Georgetown University Law Center, former Counselor to the Under Secretary of Defense for Policy, former senior advisor at the US Dept of State, "Congress Begins to Weigh In On Drone Strikes Policy," http://www.pbs.org/newshour/rundown/2013/04/congress-begins-to-weigh-in-on-drone-strikes-policy.html
While some experts have argued for court oversight of drone strikes before they’re carried out
AND
more generally that our policies are in compliance with rule of law norms."

Only judicial oversight can credibly verify compliance with the laws of war

Avery Plaw 7, Associate Prof of Political Science at the University of Massachusetts at Dartmouth, PhD in Political Science from McGill University, "Terminating Terror: The Legality, Ethics and Effectiveness of Targeting Terrorists," Theoria: A Journal of Social and Political Theory, No. 114, War and Terror (December 2007), pp. 1-27
To summarize, the general policy of targeting terrorists appears to be defensible in principle
AND
robustly upheld, a role that could be effectively performed by a court.

Now is key and only the US can lead—-lack of rules undermines all other norms on violence

James Whibley 13, received a M.A. in International Relations from Victoria University of Wellington, New Zealand, February 6th, 2013 "The Proliferation of Drone Warfare: The Weakening of Norms and International Precedent," Georgetown Journal of International Affairs,journal.georgetown.edu/2013/02/06/the-proliferation-of-drone-warfare-the-weakening-of-norms-and-international-precedent-by-james-whibley/
While drone advocates such as Max Boot argue that other countries are unlikely to follow
AND
, then surely China or Russia possessing such a program would be terrifying.

Tournament: Texas | Round: 7 | Opponent: Georgetown Arsht-Markoff | Judge: Arnett

Plan

The United States federal government should limit the President’s war powers authority to assert, on behalf of the United States, immunity from judicial review by establishing a cause of action allowing civil suits brought against the United States by those unlawfully injured by targeted killing operations, their heirs, or their estates in security cleared legal proceedings.

Advantage 1 is Preventive War

US justifications for targeted killing will spill over to erode legal restraints on all violence and legitimize preventive war

Craig Martin 11, Associate Professor of Law at Washburn University School of Law, "Going Medieval: Targeted Killing, Self-Defence, and the Jus Ad Bellum Regime," Ch 8 in TARGETED KILLINGS: LAW 26 MORALITY IN AN ASYMMETRICAL WORLD, p. 223, available at http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1956141
IV. The potential impact of the targeted killing policy on international law
The United States has been engaging in this practice of using drone-mounted missile
AND
a threat that is much less serious in the grand scheme of things.

Robust norms restricting the use of force empirically prevent conflict escalation among great powers

John Vasquez 9, Thomas B. Mackie Scholar of International Relations and Professor of Political Science at the University of Illinois at Urbana-Champaign, PhD in Poli Sci from Syracuse University, "Peace," Chapter 8 in The War Puzzle Revisited, p 298-299, google books
Wallensteen’s examination of the characteristics of particularist periods provides significant additional evidence that the steps
AND
war is by reducing, limiting, and managing disputes short of war.

Specifically, executive discretion over the legitimacy of targets will eviscerate legal restrictions on self-defense

Rosa Brooks 13, Professor of Law at the Georgetown University Law Center, Bernard L. Schwartz Senior Fellow at the New America Foundation, "The Constitutional and Counterterrorism Implications of Targeted Killing," http://www.judiciary.senate.gov/pdf/04-23-13BrooksTestimony.pdf
5. Setting Troubling International Precedents ¶ Here is an additional reason to worry about
AND
them to justify the killing of dissidents, rivals, or unwanted minorities?

Now is key—-US targeted killing is driving a global shift in strategic doctrines—-results in nuclear war

Kerstin Fisk 13, visiting assistant professor in the Department of Political Science at Loyola Marymount University, PhD in Political Science from Claremont Graduate University, and Jennifer M. Ramos, Assistant Professor of Political Science at Loyola Marymount University, PhD in Political Science from UC Davis, April 15 2013, "Actions Speak Louder Than Words: Preventive Self-Defense as a Cascading Norm," International Studies Perspectives, http://onlinelibrary.wiley.com.turing.library.northwestern.edu/doi/10.1111/insp.12013/full
Preventive self-defense entails waging a war or an attack by choice, in
AND
it continues to provide other states with the justification to do the same.

Credible external oversight is key to solve—-the alternative is an anything-goes standard

Omar S. Bashir 12, is a Ph.D. candidate in the Department of Politics at Princeton University and a graduate of the Department of Aeronautics and Astronautics at MIT, September 24th, 2012, "Who Watches the Drones?" Foreign Affairs,www.foreignaffairs.com/articles/138141/omar-s-bashir/who-watches-the-drones
Further, the U.S. counterterrorism chief John Brennan has noted that the
AND
oversight to their own drone campaigns would reveal their disregard for humanitarian concerns. 

That causes an endless, global series of preventive wars—-those go nuclear

Ariel Colonomos 13, Director of Research at the French National Centre for Scientific Research, Ph.D. in political science from the Institut d’Etudes Politiques de Paris, "The Gamble of War: Is it Possible to Justify Preventive War?" p 72-75, google books
John Yoo holds that the American interventions in Afghanistan or Iraq fulfilled the criteria of
AND
United States to its new enemies and of their greater number and dispersal.

And, a model of preventative war justifies Chinese attacks on US missile defense

Stephen Walt 4, Robert and Renee Belfer Professor of International Affairs at Harvard, PhD in Political Science from UC Berkeley, October 1 2004, "The Strategic Environment," Panel Discussion at "Preemptive Use of Force: A Reassessment," Conference held by the Fletcher Forum on International Affairs, http://www.brookings.edu/views/papers/daalder/daalder_fletcher.pdf
Finally, as Ivo has already noted, there is this precedent problem. By
AND
Of course we would. So again, we’re creating a precedent here.

Causes full-scale nuclear war

John W. Lewis 12, William Haas Professor of Chinese Politics, emeritus, at Stanford University, PhD from UCLA, and Xue Litai, research scholar at the Project on Peace and Cooperation in the Asian-Pacific Region at Stanford University’s Center for International Security and Cooperation, "Making China’s nuclear war plan," Bulletin of the Atomic Scientists September/October 2012 vol. 68 no. 5 45-65, http://bos.sagepub.com/content/68/5/45.full
If the CMC authorizes a missile base to launch preemptive conventional attacks on an enemy
AND
double policies could unexpectedly cause, rather than deter, a nuclear exchange.

Advantage 2 is Accountability

Accountability mechanisms that constrain the executive prevent drone overuse in Yemen

Benjamin R. Farley 12, JD from Emory University School of Law, former Editor-in-Chief of the Emory International Law Review, "Drones and Democracy: Missing Out on Accountability?" Winter 2012, 54 S. Tex. L. Rev. 385, lexis
Effective accountability mechanisms constrain policymakers’ freedom to choose to use force by increasing the costs
AND
to go to war is more likely to lead the nation into war. 

Judicial review is key to prevent mistakes – executive targeting decisions are inevitably flawed and violent

Ahmad Chehab 12, Georgetown University Law Center, "RETRIEVING THE ROLE OF ACCOUNTABILITY IN THE TARGETED KILLINGS CONTEXT: A PROPOSAL FOR JUDICIAL REVIEW," March 30 2012, abstract available at http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2031572
The practical, pragmatic justification for the COAACC derives largely from considering social psychological findings
AND
choices and evaluate available alternatives than when subject to little to no review.

Overuse of targeted killings in Yemen strengthens AQAP and fuels instability

Danielle Wiener-Bronner 12/13/13, staff writer at the Wire and former Web Editor for Reuters, "Latest Drone Strikes Shows How U.S. Strategy in Yemen Is Backfiring," http://www.thewire.com/global/2013/12/yemen-drones/356111/
Targeted drone killings are defended by the United States as means to combat al-
AND
U.S. if drone casualties are not scaled back or eliminated.

AQAP is strengthening now —— recruitment is key

John Masters 8/22/13, Deputy Editor @ the Council on Foreign Relations, "Al-Qaeda in the Arabian Peninsula (AQAP)," CFR Backgrounder, http://www.cfr.org/yemen/al-qaeda-arabian-peninsula-aqap/p9369~~23p6
The militant Islamist group al-Qaeda in the Arabian Peninsula (AQAP) was
AND
"—the United States, particularly for its unholy alliance with Saudi Arabia.

Several Impacts:

1^st is Saudi Arabia

Strengthened AQAP undermines the Saudi regime

Colonel Hassan Abosaq 12, US Army War College, master of strategic studies degree candidate, 2012, "The Implications of Unstable on Saudi Arabia," Strategy Research Project, www.dtic.mil/cgi-bin/GetTRDoc?Location=U226doc=GetTRDoc.pdf26AD=ADA560581
AQAP has been vociferous in its opposition to the Saudi regime, and is likely
AND
growing anarchy and al-Qaeda presence could spill over into Saudi Arabia.

That destabilizes the Middle East

Anthony Cordesman 11, Arleigh A. Burke Chair in Strategy at CSIS, former director of intelligence assessment in the Office of the Secretary of Defense, former adjunct prof of national security studies at Georgetown, PhD from London University, Feb 26 2011, "Understanding Saudi Stability and Instability: A Very Different Nation," http://csis.org/publication/understanding-saudi-stability-and-instability-very-different-nation
History scarcely means we can take Saudi stability for granted. Saudi Arabia is simply
AND
the Middle East depends on Saudi Arabia having a friendly and moderate regime.

Global nuke war

Primakov 9 ~September, Yevgeny, President of the Chamber of Commerce and Industry of the Russian Federation; Member of the Russian Academy of Sciences; member of the Editorial Board of Russia in Global Affairs. This article is based on the scientific report for which the author was awarded the Lomonosov Gold Medal of the Russian Academy of Sciences in 2008, "The Middle East Problem in the Context of International Relations"~  
The Middle East conflict is unparalleled in terms of its potential for spreading globally.
AND
seems that President Obama’s position does not completely rule out such a possibility.

Second is India

Safe haven in Yemen lets AQAP launch attacks on India

Shankar Roychowdhury 11, former Indian Chief of Army Staff and a former member of Parliament, Sept 6 2011, "India needs a 360° terror appraisal," http://archive.asianage.com/columnists/india-needs-360-terror-appraisal-391
In this context, Al Qaeda and its emerging connections in Yemen have become very
AND
take due note of other threats as well and exercise the requisite caution.

Causes Indo-Pak nuclear war

Juan C Zarate 11, senior adviser at the Center for Strategic and International Studies, visiting lecturer at Harvard University,  Feb 20 2011, "An alarming South Asia powder keg," http://www.washingtonpost.com/wp-dyn/content/article/2011/02/18/AR2011021805662.html
Significant terrorist attacks in India, against Parliament in 2001 and in Mumbai in 2008
AND
that Pakistan’s nuclear weapons and capabilities are set to surpass those of India.

Extinction

Greg Chaffin 11, Research Assistant at Foreign Policy in Focus, July 8, 2011, "Reorienting U.S. Security Strategy in South Asia," online: http://www.fpif.org/articles/reorienting_us_security_strategy_in_south_asia
A nuclear conflict in the subcontinent would have disastrous effects on the world as a
AND
lead to more drought, worldwide food shortages, and widespread political upheaval.

Third is Arms Control

Yemen instability undercuts the effectiveness of Middle East arms control measures—-has global ripple effects

Dr. Ahmed Saif 12 is Executive Director of the Sheba Centre for Strategic Studies
AND
/Yemen_and_the_Middle_East_Conference.pdf
Yemen’s ongoing domestic crisis has profound regional and global implications. This is due to
AND
which the region’s state actors might contemplate as part of the envisioned MEC.

Arms control is key to prevent extinction

Harold Müller 2k, Director of the Peace Research Institute-Frankfurt and Professor of International Relations at Goethe University, "Compliance Politics: A Critical Analysis of Multilateral Arms Control Treaty Enforcement", The Nonproliferation Review, 7(2), Summer 2000
In this author’s view,3 at least four distinct missions continue to make arms
AND
level of conflict and assist in ushering in new relations of global cooperation.

Middle East arms control solves US-Russia disputes over missile defense—-key to relations

Michael Elleman 12, senior fellow for regional security cooperation at the International Institute for Strategic Studies, May 2012, "Banning Long-Range Missiles in the Middle East: A First Step for Regional Arms Control," http://www.armscontrol.org/act/2012_05/Banning_Long-Range_Missiles_In_the_Middle_East_A_First_Step_For_Regional_Arms_Control
The international community, perhaps led by China, Russia, the United States,
AND
and, in particular, are a major obstacle to further arms reductions.

US-Russia relations solve nuke war

Allison 11 (Graham, 10/30, Director of the Belfer Center for Science and International Affairs at Harvard’s Kennedy School of Government, "10 reasons why Russia still matters," http://dyn.politico.com/printstory.cfm?uuid=161EF282-72F9-4D48-8B9C-C5B3396CA0E6)
That central point is that Russia matters a great deal to a U.S
AND
Tehran to joining China in preventing U.N. Security Council resolutions.

Solvency

The plan establishes legal norms and ensures compliance with the laws of war

Jonathan Hafetz 13, Associate Prof of Law at Seton Hall University Law School, former Senior Staff Attorney at the ACLU, served on legal teams in multiple Supreme Court cases regarding national security, "Reviewing Drones," 3/8/2013, http://www.huffingtonpost.com/jonathan-hafetz/reviewing-drones_b_2815671.html
The better course is to ensure meaningful review after the fact. To this end
AND
If a drone strike satisfies these requirements, the suit should be dismissed.

"Cause of action" creates a deterrent effect that makes officials think twice about drones—-drawbacks of judicial review don’t apply

Stephen I. Vladeck 13, Professor of Law and Associate Dean for Scholarship at American University Washington College of Law, senior editor of the peer-reviewed Journal of National Security Law and Policy, Supreme Court Fellow at the Constitution Project, and fellow at the Center on National Security at Fordham University School of Law, JD from Yale Law School, Feb 27 2013, "DRONES AND THE WAR ON TERROR: WHEN CAN THE U.S.TARGET ALLEGED AMERICAN TERRORISTS OVERSEAS?" Hearing Before the House Committee on the Judiciary, http://www.lawfareblog.com/wp-content/uploads/2013/02/Vladeck-02272013.pdf
At first blush, it may seem like many of these issues would be equally
AND
laws of the United States, what does the government have to hide?

Ex post review creates a credible signal of compliance that restrains future executives

Kwame Holman 13, congressional correspondent for PBS NewsHour; citing Rosa Brooks, Prof of Law at Georgetown University Law Center, former Counselor to the Under Secretary of Defense for Policy, former senior advisor at the US Dept of State, "Congress Begins to Weigh In On Drone Strikes Policy," http://www.pbs.org/newshour/rundown/2013/04/congress-begins-to-weigh-in-on-drone-strikes-policy.html
While some experts have argued for court oversight of drone strikes before they’re carried out
AND
more generally that our policies are in compliance with rule of law norms."

Only judicial oversight can credibly verify compliance with the laws of war

Avery Plaw 7, Associate Prof of Political Science at the University of Massachusetts at Dartmouth, PhD in Political Science from McGill University, "Terminating Terror: The Legality, Ethics and Effectiveness of Targeting Terrorists," Theoria: A Journal of Social and Political Theory, No. 114, War and Terror (December 2007), pp. 1-27
To summarize, the general policy of targeting terrorists appears to be defensible in principle
AND
robustly upheld, a role that could be effectively performed by a court.

Now is key and only the US can lead—-lack of rules undermines all other norms on violence

James Whibley 13, received a M.A. in International Relations from Victoria University of Wellington, New Zealand, February 6th, 2013 "The Proliferation of Drone Warfare: The Weakening of Norms and International Precedent," Georgetown Journal of International Affairs,journal.georgetown.edu/2013/02/06/the-proliferation-of-drone-warfare-the-weakening-of-norms-and-international-precedent-by-james-whibley/
While drone advocates such as Max Boot argue that other countries are unlikely to follow
AND
, then surely China or Russia possessing such a program would be terrifying.

Tournament: Usc | Round: 6 | Opponent: Michigan State Caporal-Zemel | Judge: Kallmyer

1AC Coast Round 6

Advantage 1 is Accountability

Accountability mechanisms that constrain the executive prevent drone overuse in Pakistan and Yemen—-drones are key to stability but overuse is counterproductive

Benjamin R. Farley 12, JD from Emory University School of Law, former Editor-in-Chief of the Emory International Law Review, "Drones and Democracy: Missing Out on Accountability?" Winter 2012, 54 S. Tex. L. Rev. 385, lexis
Effective accountability mechanisms constrain policymakers’ freedom to choose to use force by increasing the costs
AND
to go to war is more likely to lead the nation into war. 

Judicial review is key to prevent mistakes – executive targeting decisions are inevitably flawed

Ahmad Chehab 12, Georgetown University Law Center, "RETRIEVING THE ROLE OF ACCOUNTABILITY IN THE TARGETED KILLINGS CONTEXT: A PROPOSAL FOR JUDICIAL REVIEW," March 30 2012, abstract available at http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2031572
The practical, pragmatic justification for the COAACC derives largely from considering social psychological findings
AND
choices and evaluate available alternatives than when subject to little to no review.

Scenario 1 is Yemen

Unaccountable drone strikes strengthen AQAP and destabilize Yemen

Jacqueline Manning 12, Senior Editor of International Affairs Review, December 9 2012, "Free to Kill: How a Lack of Accountability in America’s Drone Campaign Threatens U.S. Efforts in Yemen," http://www.iar-gwu.org/node/450
Earlier this year White House counter-terrorism advisor, John Brennan, named al
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only acknowledge them, but also pay amends to families of the victims.

Strengthened AQAP undermines the Saudi regime

Colonel Hassan Abosaq 12, US Army War College, master of strategic studies degree candidate, 2012, "The Implications of Unstable on Saudi Arabia," Strategy Research Project, www.dtic.mil/cgi-bin/GetTRDoc?Location=U226doc=GetTRDoc.pdf26AD=ADA560581
AQAP has been vociferous in its opposition to the Saudi regime, and is likely
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growing anarchy and al-Qaeda presence could spill over into Saudi Arabia.

That destabilizes the Middle East

Anthony Cordesman 11, Arleigh A. Burke Chair in Strategy at CSIS, former director of intelligence assessment in the Office of the Secretary of Defense, former adjunct prof of national security studies at Georgetown, PhD from London University, Feb 26 2011, "Understanding Saudi Stability and Instability: A Very Different Nation," http://csis.org/publication/understanding-saudi-stability-and-instability-very-different-nation
History scarcely means we can take Saudi stability for granted. Saudi Arabia is simply
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the Middle East depends on Saudi Arabia having a friendly and moderate regime.

Global nuke war

Primakov 9 ~September, Yevgeny, President of the Chamber of Commerce and Industry of the Russian Federation; Member of the Russian Academy of Sciences; member of the Editorial Board of Russia in Global Affairs. This article is based on the scientific report for which the author was awarded the Lomonosov Gold Medal of the Russian Academy of Sciences in 2008, "The Middle East Problem in the Context of International Relations"~  
The Middle East conflict is unparalleled in terms of its potential for spreading globally.
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seems that President Obama’s position does not completely rule out such a possibility.

Scenario 2 is Pakistan

Overuse of drones in Pakistan empowers militants and destabilizes the government

Michael J Boyle 13, Assistant Professor of Political Science at La Salle University, former Lecturer in International Relations and Research Fellow at the Centre for the Study of Terrorism and Political Violence at the University of St Andrews, PhD from Cambridge University, January 2013, "The costs and consequences of drone warfare," International Affairs 89: 1 (2013) 1–29, http://www.chathamhouse.org/sites/default/files/public/International20Affairs/2013/89_1/89_1Boyle.pdf
The escalation of drone strikes in Pakistan to its current tempo—one every few
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military, which has launched coups before, remains a popular force.77

Pakistan instability causes loose nukes and Indian intervention —- goes nuclear

Michael O’Hanlon 5, senior fellow with the Center for 21st Century Security and Intelligence and director of research for the Foreign Policy program at the Brookings Institution, visiting lecturer at Princeton University, an adjunct professor at Johns Hopkins University, and a member of the International Institute for Strategic Studies
PhD in public and international affairs from Princeton, Apr 27 2005, "Dealing with the Collapse of a Nuclear-Armed State: The Cases of North Korea and Pakistan," http://www.princeton.edu/~~ppns/papers/ohanlon.pdf
Were Pakistan to collapse, it is unclear what the United States and like-
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Indian Army, nuclear dangers have long been considered to run very high.

Extinction

Greg Chaffin 11, Research Assistant at Foreign Policy in Focus, July 8, 2011, "Reorienting U.S. Security Strategy in South Asia," online: http://www.fpif.org/articles/reorienting_us_security_strategy_in_south_asia
A nuclear conflict in the subcontinent would have disastrous effects on the world as a
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lead to more drought, worldwide food shortages, and widespread political upheaval.

Advantage 2 is Preemption

US justifications for targeted killing will spill over to erode legal restraints on all violence and legitimize preventive war

Craig Martin 11, Associate Professor of Law at Washburn University School of Law, "Going Medieval: Targeted Killing, Self-Defence, and the Jus Ad Bellum Regime," Ch 8 in TARGETED KILLINGS: LAW 26 MORALITY IN AN ASYMMETRICAL WORLD, p. 223, available at http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1956141
IV. The potential impact of the targeted killing policy on international law
The United States has been engaging in this practice of using drone-mounted missile
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a threat that is much less serious in the grand scheme of things.

Robust norms restricting the use of force empirically prevent conflict escalation among great powers

John Vasquez 9, Thomas B. Mackie Scholar of International Relations and Professor of Political Science at the University of Illinois at Urbana-Champaign, PhD in Poli Sci from Syracuse University, "Peace," Chapter 8 in The War Puzzle Revisited, p 298-299, google books
Wallensteen’s examination of the characteristics of particularist periods provides significant additional evidence that the steps
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war is by reducing, limiting, and managing disputes short of war.

Specifically, executive discretion over the legitimacy of targets will eviscerate legal restrictions on self-defense

Rosa Brooks 13, Professor of Law at the Georgetown University Law Center, Bernard L. Schwartz Senior Fellow at the New America Foundation, "The Constitutional and Counterterrorism Implications of Targeted Killing," http://www.judiciary.senate.gov/pdf/04-23-13BrooksTestimony.pdf
5. Setting Troubling International Precedents ¶ Here is an additional reason to worry about
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them to justify the killing of dissidents, rivals, or unwanted minorities?

Now is key—-US targeted killing is driving a global shift in strategic doctrines—-results in nuclear war

Kerstin Fisk 13, visiting assistant professor in the Department of Political Science at Loyola Marymount University, PhD in Political Science from Claremont Graduate University, and Jennifer M. Ramos, Assistant Professor of Political Science at Loyola Marymount University, PhD in Political Science from UC Davis, April 15 2013, "Actions Speak Louder Than Words: Preventive Self-Defense as a Cascading Norm," International Studies Perspectives, http://onlinelibrary.wiley.com.turing.library.northwestern.edu/doi/10.1111/insp.12013/full
Preventive self-defense entails waging a war or an attack by choice, in
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it continues to provide other states with the justification to do the same.

Credible external oversight is key to solve—-the alternative is an anything-goes standard

Omar S. Bashir 12, is a Ph.D. candidate in the Department of Politics at Princeton University and a graduate of the Department of Aeronautics and Astronautics at MIT, September 24th, 2012, "Who Watches the Drones?" Foreign Affairs,www.foreignaffairs.com/articles/138141/omar-s-bashir/who-watches-the-drones
Further, the U.S. counterterrorism chief John Brennan has noted that the
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oversight to their own drone campaigns would reveal their disregard for humanitarian concerns. 

A norm of preventive war pushes regional conflicts over the brink—-causes multiple scenarios for nuclear war

James B. Steinberg 2, senior fellow and vice president and director of Foreign Policy Studies at the Brookings Institution, Michael O’Hanlon, Director of Research for the 21st Century Defense Initiative at Brookings, Ph.D. from Princeton in public and international affairs, and Susan Rice, senior fellow in Foreign Policy at Brookings, "The New National Security Strategy and Preemption," http://www.brookings.edu/research/papers/2002/12/terrorism-ohanlon
A final concern relates to the impact of the precedent set by the United States
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) Jaswant Singh welcomed the administration’s new emphasis on the legitimacy of preemption.

Legitimizing preventive war causes a Chinese attack on US missile defense

Stephen Walt 4, Robert and Renee Belfer Professor of International Affairs at Harvard, PhD in Political Science from UC Berkeley, October 1 2004, "The Strategic Environment," Panel Discussion at "Preemptive Use of Force: A Reassessment," Conference held by the Fletcher Forum on International Affairs, http://www.brookings.edu/views/papers/daalder/daalder_fletcher.pdf
Finally, as Ivo has already noted, there is this precedent problem. By
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Of course we would. So again, we’re creating a precedent here.

That goes nuclear

John W. Lewis 12, William Haas Professor of Chinese Politics, emeritus, at Stanford University, PhD from UCLA, and Xue Litai, research scholar at the Project on Peace and Cooperation in the Asian-Pacific Region at Stanford University’s Center for International Security and Cooperation, "Making China’s nuclear war plan," Bulletin of the Atomic Scientists September/October 2012 vol. 68 no. 5 45-65, http://bos.sagepub.com/content/68/5/45.full
If the CMC authorizes a missile base to launch preemptive conventional attacks on an enemy
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double policies could unexpectedly cause, rather than deter, a nuclear exchange.

Plan

The United States federal government should limit the President’s war powers authority to assert, on behalf of the United States, immunity from judicial review by establishing a cause of action allowing civil suits brought against the United States by those unlawfully injured by targeted killing operations, their heirs, or their estates in security cleared legal proceedings.

Solvency

The plan establishes legal norms and ensures compliance with the laws of war

Jonathan Hafetz 13, Associate Prof of Law at Seton Hall University Law School, former Senior Staff Attorney at the ACLU, served on legal teams in multiple Supreme Court cases regarding national security, "Reviewing Drones," 3/8/2013, http://www.huffingtonpost.com/jonathan-hafetz/reviewing-drones_b_2815671.html
The better course is to ensure meaningful review after the fact. To this end
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If a drone strike satisfies these requirements, the suit should be dismissed.

Cause of action creates a deterrent effect that makes officials think twice about drones—-drawbacks of judicial review don’t apply

Stephen I. Vladeck 13, Professor of Law and Associate Dean for Scholarship at American University Washington College of Law, senior editor of the peer-reviewed Journal of National Security Law and Policy, Supreme Court Fellow at the Constitution Project, and fellow at the Center on National Security at Fordham University School of Law, JD from Yale Law School, Feb 27 2013, "DRONES AND THE WAR ON TERROR: WHEN CAN THE U.S.TARGET ALLEGED AMERICAN TERRORISTS OVERSEAS?" Hearing Before the House Committee on the Judiciary, http://www.lawfareblog.com/wp-content/uploads/2013/02/Vladeck-02272013.pdf
At first blush, it may seem like many of these issues would be equally
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laws of the United States, what does the government have to hide?

Ex post review creates a credible signal of compliance that restrains future executives

Kwame Holman 13, congressional correspondent for PBS NewsHour; citing Rosa Brooks, Prof of Law at Georgetown University Law Center, former Counselor to the Under Secretary of Defense for Policy, former senior advisor at the US Dept of State, "Congress Begins to Weigh In On Drone Strikes Policy," http://www.pbs.org/newshour/rundown/2013/04/congress-begins-to-weigh-in-on-drone-strikes-policy.html
While some experts have argued for court oversight of drone strikes before they’re carried out
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more generally that our policies are in compliance with rule of law norms."

Only judicial oversight can credibly verify compliance with the laws of war

Avery Plaw 7, Associate Prof of Political Science at the University of Massachusetts at Dartmouth, PhD in Political Science from McGill University, "Terminating Terror: The Legality, Ethics and Effectiveness of Targeting Terrorists," Theoria: A Journal of Social and Political Theory, No. 114, War and Terror (December 2007), pp. 1-27
To summarize, the general policy of targeting terrorists appears to be defensible in principle
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robustly upheld, a role that could be effectively performed by a court.

Now is key and only the US can lead—-lack of rules undermines all other norms on violence

James Whibley 13, received a M.A. in International Relations from Victoria University of Wellington, New Zealand, February 6th, 2013 "The Proliferation of Drone Warfare: The Weakening of Norms and International Precedent," Georgetown Journal of International Affairs,journal.georgetown.edu/2013/02/06/the-proliferation-of-drone-warfare-the-weakening-of-norms-and-international-precedent-by-james-whibley/
While drone advocates such as Max Boot argue that other countries are unlikely to follow
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, then surely China or Russia possessing such a program would be terrifying.

Tournament: Pitt RR | Round: 4 | Opponent: Wayne JS | Judge: Massey

Yemen instability undercuts the effectiveness of Middle East arms control measures—-has global ripple effects

Dr. Ahmed Saif 12 is Executive Director of the Sheba Centre for Strategic Studies
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/Yemen_and_the_Middle_East_Conference.pdf
Yemen’s ongoing domestic crisis has profound regional and global implications. This is due to
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which the region’s state actors might contemplate as part of the envisioned MEC.

Arms control is key to prevent global warfare and mass violence

Harold Müller 2k, Director of the Peace Research Institute-Frankfurt and Professor of International Relations at Goethe University, "Compliance Politics: A Critical Analysis of Multilateral Arms Control Treaty Enforcement", The Nonproliferation Review, 7(2), Summer 2000
In this author’s view,3 at least four distinct missions continue to make arms
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level of conflict and assist in ushering in new relations of global cooperation.

Tournament: Ndt | Round: 1 | Opponent: Texas Fitz-Makuch | Judge: Allsup, Feldman, Turner
ERROR

Tournament: Ndt | Round: 6 | Opponent: Harvard Herman-Xu | Judge: Bailey, Chung, Harrigan
ERROR

Tournament: GSU | Round: 4 | Opponent: Louisville | Judge: Nagy, A

1AC

1AC – Internment Bad

CONTENTION 1: INTERNMENT

The Internment Case precedents  including Korematsu v. United States are a flawed and racist institutional stance on indefinite detention

G. Edward White 11, Distinguished Professor of Law and University Professor, University of Virginia School of Law, December 2011, "Symposium: Supreme Mistakes: Determining Notoriety in Supreme Court Decisions," Pepperdine Law Review, 39 Pepp. L. Rev. 197, lexis nexis
II. Examples of Notorious Mistakes: A First Look¶ ¶ In the long
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shortly after the decision was handed down by Yale law professor Eugene Rostow. 

The precedents make future internment likely—-it massively expands executive authority and offers unlimited deference

Nathan Watanabe 4, J.D. Candidate, University of Southern California Law School, 2004, "Internment, Civil Liberties, and a Nation in Crisis," Southern California Interdisciplinary Law Journal, 13 S. Cal. Interdisc. L. J. 2003-2004, Hein Online
B. THE INTERNMENT CASES¶ The greatest move towards containing the threat of sabotage
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times, these relics of the past are factually analogous and legally applicable.

This was not an aberration—-it was one instance consistent with an entire history of racism against Asian Americans—-we must right the wrong

Natsu Taylor Saito 1, professor at Georgia State University College of Law, 2001, "Symbolism Under Siege: Japanese American Redress and the ’Racing’ of Arab Americans as ’Terrorists,’" Asian Law Journal, 8 Asian L. J. 1, 2001, hein online
Thus far, it has the makings of a feel-good story: a
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Arabs, we’re all violent and we’re all conducting a holy war."67

We have a moral obligation to advocate for effective remedies to injustices like Korematsu—-the aff is the necessary starting point to prevent future violence in the name of executive authority

Natsu Taylor Saito 10, Professor of Law, Georgia State University College of Law, "ARTICLE: INTERNMENTS, THEN AND NOW: CONSTITUTIONAL ACCOUNTABILITY IN POST-9/11 AMERICA", Spring, 2 Duke Forum for L. 26 Soc. Change 71, Lexis
The dangers illustrated by the internment of Japanese Americans during World War II appear to
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will ensure that they, too, will be repeated in the future.

The aff is necessary—-ending the precedent is vital to prevent history from repeating itself

Stephen I. Vladeck 9, associate professor at American University Washington College of Law, 2009, "The Long War, The Federal Courts, and the Necessity/Legality Paradox," 43 U. Rich. L. Rev. ahttps://webspace.utexas.edu/rmc2289/LT/Vladeck.Short.pdf
B. The Limits of Jackson’s Dissent—and of Wittes’s Argument¶ As much
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Court to be last, not first, to give them up. 158

1AC – Advocacy Statement

We must end the ongoing legal legacy of the Internment Cases.

1AC – Advocacy Good

CONTENTION 2: OUR ADVOCACY IS GOOD

Avoiding the original case silences dissent—-an investigation against government racism by external individuals like us is key to prevent the same wrongs from happening again

Natsu Taylor Saito 1, professor at Georgia State University College of Law, 2001, "Symbolism Under Siege: Japanese American Redress and the ’Racing’ of Arab Americans as ’Terrorists,’" Asian Law Journal, 8 Asian L. J. 1, 2001, hein online
V. CONCLUSION: CONTESTING THE SYMBOLISM OF REDRESS¶ After a thoughtful study of
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trucks by soldiers with bayonets. We must not become those silent observers.

Korematsu survives silently as a precedent for future violence—-only public debate can prevent history from repeating itself

Dean Masaru Hashimoto 96, Assistant Professor of Law at Boston College, "ARTICLE: THE LEGACY OF KOREMATSU V. UNITED STATES: A DANGEROUS NARRATIVE RETOLD", Fall 1996, 4 UCLA Asian Pac. AM. Law Journal 72, Lexis
During times of war, citizens must bear tremendous costs and burdens; indeed,
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meaning of Korematsu can its potentially dangerous principles and rhetoric be limited effectively.

Student debate about internment is critical to actual political development—-influences the durable shifts in checks and balances

Dominguez and Thoren 10 Casey BK, Department of Political Science and IR at the University of San Diego and Kim, University of San Diego, Paper prepared for the Annual Meeting of the Western Political Science Association, San Francisco, California, April 1-3, 2010, "The Evolution of Presidential Authority in War Powers", http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1580395
Students of American institutions should naturally be interested in the relationships between the president and
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study change over time in Congress’ relations to the other branches of government.

Academic, institutions-based debate regarding detention can reverse excessive presidential authority—-college students key

Kelly Michael Young 13, Associate Professor of Communication and Director of Forensics at Wayne State University, "Why Should We Debate About Restriction of Presidential War Powers", 9/4, public.cedadebate.org/node/13
Beyond its obviously timeliness, we believed debating about presidential war powers was important because of the stakes involved in the controversy. Since the Korean War, scholars and pundits have grown increasingly alarmed by the growing scope and techniques of presidential war making. In 1973, in the wake of Vietnam, Congress passed the joint War Powers Resolution (WPR) to increase Congress’s role in foreign policy and war making by requiring executive consultation with Congress prior to the use of military force, reporting within 48 hours after the start of hostiles, and requiring the close of military operations after 60 days unless Congress has authorized the use of force. Although the WPR was a significant legislative feat, 30 years since its passage, presidents have frequently ignores the WPR requirements and the changing nature of conflict does not fit neatly into these regulations. After the terrorist attacks on 9-11, many experts worry that executive war powers have expanded far beyond healthy limits.  Consequently, there is a fear that continued expansion of these powers will undermine the constitutional system of checks and balances that maintain the democratic foundation of this country and risk constant and unlimited military actions, particularly in what Stephen Griffin refers to as a "long war" period like the War on Terror (http://www.hup.harvard.edu/catalog.php?isbn=9780674058286). In comparison, pro-presidential powers advocates contend that new restrictions undermine flexibility and timely decision-making necessary to effectively counter contemporary national security risks. Thus, a debate about presidential wars powers is important to investigate a number of issues that have serious consequences on the status of democratic checks and national security of the United States.¶ Lastly, debating presidential war powers is important because we the people have an important role in affecting the use of presidential war powers. As many legal scholars contend, regardless of the status of legal structures to check the presidency, an important political restrain on presidential war powers is the presence of a well-informed and educated public. As Justice Potter Stewart explains, "the only effective restraint upon executive policy and power…may lie in an enlightened citizenry – in an informed and critical public opinion which alone can protect the values of a democratic government" (http://www.law.cornell.edu/supct/html/historics/USSC_CR_0403_0713_ZC3.html). As a result, this is not simply an academic debate about institutions and powers that that do not affect us. As the numerous recent foreign policy scandals make clear, anyone who uses a cell-phone or the internet is potential affected by unchecked presidential war powers. Even if we agree that these powers are justified, it is important that today’s college students understand and appreciate the scope and consequences of presidential war powers, as these students’ opinions will stand as an important potential check on the presidency. 

Public deliberation about detention policy promotes agency and decision-making—-reciprocity and public debate facilitates mutual respect that lays the groundwork for cooperation on other issues

Dr. Amy Gutmann 4, President and Christopher H. Browne Distinguished Professor of Political Science in the School of Arts and Sciences and Professor of Communication in the Annenberg School for Communication University of Pennsylvania, AND Dennis Thompson, Alfred North Whitehead Professor of Political Philosophy in the Faculty of Arts and Sciences and in the John F. Kennedy School of Government, Emeritus Political Theory, "Why Deliberative Democracy?" press.princeton.edu/chapters/s7869.html
WHAT DELIBERATIVE DEMOCRACY MEANS¶ To go to war is the most consequential decision a
AND
of deliberative democracy are justifiable; and how its critics can be answered.

Public deliberation facilitates an informed citizenry based on mutual respect and leads to better policies—-shutting down switch-side debate is arrogant and ethically bankrupt

Dr. Amy Gutmann 4, President and Christopher H. Browne Distinguished Professor of Political Science in the School of Arts and Sciences and Professor of Communication in the Annenberg School for Communication University of Pennsylvania, AND Dennis Thompson, Alfred North Whitehead Professor of Political Philosophy in the Faculty of Arts and Sciences and in the John F. Kennedy School of Government, Emeritus Political Theory, "Why Deliberative Democracy?" press.princeton.edu/chapters/s7869.html
 What Purposes Does Deliberative Democracy Serve?¶ The general aim of deliberative democracy is
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produce an optimal result, not because they are not justified by reasons.

Tournament: Harvard | Round: 2 | Opponent: Louisville | Judge: Weil

1AC

Advocacy statement: the ongoing legal legacy of the internment cases should be ended.

The internment cases—-including Korematsu—-are flawed and racist institutional stances on indefinite detention—-Korematsu ruled the internment of Japanese Americans during World War II constitutional

Erwin Chemerinsky 11, Dean and Distinguished Professor of La w, University of California, Irvine School of Law, April 1st, 2011, "Korematsu v. United States: A Tragedy Hopefully Never to Be Repeated," Pepperdine Law Review, pepperdinelawreview.com/wp-content/plugins/bag-thumb/bag_thumb885_07_chemerinsky_camera_ready.pdf
III. WHY KOREMATSU WAS ONE OF THE WORST DECISIONS IN HISTORY¶ Applying the
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be upheld only if it is necessary to achieve a compelling government interest.

The precedents make future internment likely—-it massively expands executive authority and offers unlimited deference

Nathan Watanabe 4, J.D. Candidate, University of Southern California Law School, 2004, "Internment, Civil Liberties, and a Nation in Crisis," Southern California Interdisciplinary Law Journal, 13 S. Cal. Interdisc. L. J. 2003-2004, Hein Online
B. THE INTERNMENT CASES¶ The greatest move towards containing the threat of sabotage
AND
times, these relics of the past are factually analogous and legally applicable.

Ending the precedent is vital to prevent history from repeating itself

Stephen I. Vladeck 9, associate professor at American University Washington College of Law, 2009, "The Long War, The Federal Courts, and the Necessity/Legality Paradox," 43 U. Rich. L. Rev. ahttps://webspace.utexas.edu/rmc2289/LT/Vladeck.Short.pdf
B. The Limits of Jackson’s Dissent—and of Wittes’s Argument¶ As much
AND
Court to be last, not first, to give them up. 158

This was the culmination of racism against Asian Americans in the United States

Natsu Taylor Saito 1, professor at Georgia State University College of Law, 2001, "Symbolism Under Siege: Japanese American Redress and the ’Racing’ of Arab Americans as ’Terrorists,’" Asian Law Journal, 8 Asian L. J. 1, 2001, hein online
Thus far, it has the makings of a feel-good story: a
AND
Arabs, we’re all violent and we’re all conducting a holy war."67

The aff is a holistic challenge to racism that recognizes the connections between different policies and how racism affects multiple minority groups

Devon W. Carbado 5, is a professor of law at the University of California, Los Angeles. 2005, "Racial Naturalization," American Quarterly, 57.3 (2005), p. 633-658, project muse
Conclusion¶ My argument has been that American identity and American citizenship do not necessarily
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blacks. Dred Scott is a useful starting place for elaborating this point.

We have a moral obligation to advocate for effective remedies to injustices like Korematsu—-the aff is not the ONLY starting point, but is ONE effective starting point to challenge executive abuses of power

Natsu Taylor Saito 10, Professor of Law, Georgia State University College of Law, "ARTICLE: INTERNMENTS, THEN AND NOW: CONSTITUTIONAL ACCOUNTABILITY IN POST-9/11 AMERICA", Spring, 2 Duke Forum for L. 26 Soc. Change 71, Lexis
The dangers illustrated by the internment of Japanese Americans during World War II appear to
AND
will ensure that they, too, will be repeated in the future.

Academic, institutions-based debate regarding detention can reverse excessive presidential authority—-college students are important

Kelly Michael Young 13, Associate Professor of Communication and Director of Forensics at Wayne State University, "Why Should We Debate About Restriction of Presidential War Powers", 9/4, public.cedadebate.org/node/13
Beyond its obviously timeliness, we believed … will stand as an important potential check on the presidency. 

Exec power has increased because of perceived public indifference and lack of comprehension about security issues

Aziz Rana 12, Assistant Professor of Law, Cornell University Law School; A.B., Harvard College; J.D., Yale Law School; PhD., Harvard University, Connecticut Law Review July, 2012, 44 Conn. L. Rev. 1417, "COMMENTARY: NATIONAL SECURITY: LEAD ARTICLE: Who Decides on Security?" lexis nexis
Despite over six decades of reform initiatives, the overwhelming drift of security arrangements in
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and then to watch those branches delegate such power back to the executive.

Avoiding the original case silences dissent—-an investigation against government racism by external individuals like us is key to prevent the same wrongs from happening again

Natsu Taylor Saito 1, professor at Georgia State University College of Law, 2001, "Symbolism Under Siege: Japanese American Redress and the ’Racing’ of Arab Americans as ’Terrorists,’" Asian Law Journal, 8 Asian L. J. 1, 2001, hein online
V. CONCLUSION: CONTESTING THE SYMBOLISM OF REDRESS¶ After a thoughtful study of
AND
trucks by soldiers with bayonets. We must not become those silent observers.

Simulated national security law debates preserve agency and enhance decision-making—-avoids cooption

Laura K. Donohue 13, Associate Professor of Law, Georgetown Law, 4/11, "National Security Law Pedagogy and the Role of Simulations", http://jnslp.com/wp-content/uploads/2013/04/National-Security-Law-Pedagogy-and-the-Role-of-Simulations.pdf
The concept of simulations as an aspect of higher education, or in the law
AND
undoubtedly necessary, it suggests one potential direction for the years to come.

Public deliberation about detention policy promotes agency and decision-making—-reciprocity and public debate facilitates mutual respect that lays the groundwork for cooperation on other issues

Dr. Amy Gutmann 4, President and Christopher H. Browne Distinguished Professor of Political Science in the School of Arts and Sciences and Professor of Communication in the Annenberg School for Communication University of Pennsylvania, AND Dennis Thompson, Alfred North Whitehead Professor of Political Philosophy in the Faculty of Arts and Sciences and in the John F. Kennedy School of Government, Emeritus Political Theory, "Why Deliberative Democracy?" press.princeton.edu/chapters/s7869.html
WHAT DELIBERATIVE DEMOCRACY MEANS¶ To go to war is the most consequential decision a
AND
of deliberative democracy are justifiable; and how its critics can be answered.

Public deliberation facilitates an informed citizenry based on mutual respect and leads to better policies—-shutting down switch-side debate is arrogant and ethically bankrupt

Dr. Amy Gutmann 4, President and Christopher H. Browne Distinguished Professor of Political Science in the School of Arts and Sciences and Professor of Communication in the Annenberg School for Communication University of Pennsylvania, AND Dennis Thompson, Alfred North Whitehead Professor of Political Philosophy in the Faculty of Arts and Sciences and in the John F. Kennedy School of Government, Emeritus Political Theory, "Why Deliberative Democracy?" press.princeton.edu/chapters/s7869.html
 What Purposes Does Deliberative Democracy Serve?¶ The general aim of deliberative democracy is
AND
produce an optimal result, not because they are not justified by reasons.

Tournament: Kentucky | Round: 3 | Opponent: Houston Lanning-Bockmon | Judge: Gannon

1AC – Round 3

1AC – Internment

CONTENTION 1: INTERNMENT

The Internment Cases have not been analyzed by modern courts yet

Craig Green 11, Professor of Law, Temple University Beasley School of Law; John Edwin Pomfret Fellowship, Princeton University; J.D., Yale Law School, 2011, and#34;Ending the Korematsu Era: An Early View from the War on Terror Cases,and#34; Northwestern University School of Law, Vol. 105, No. 3,www.law.northwestern.edu/lawreview/v105/n3/983/LR105n3Green.pdf
Korematsu’s Doctrinal History.— Despite Korematsu’s notoriety, some of its history is known only
AND
and some modern analysts have not looked much further into the Court’s analysis.

The decisions are among the worst court decisions in history by every criteria—-the social and human impact is incalculable

Erwin Chemerinsky 11, Dean and Distinguished Professor of La w, University of California, Irvine School of Law, April 1st, 2011, and#34;Korematsu v. United States: A Tragedy Hopefully Never to Be Repeated,and#34; Pepperdine Law Review, pepperdinelawreview.com/wp-content/plugins/bag-thumb/bag_thumb885_07_chemerinsky_camera_ready.pdf
III. WHY KOREMATSU WAS ONE OF THE WORST DECISIONS IN HISTORY¶ Applying the
AND
be upheld only if it is necessary to achieve a compelling government interest.

The cases present a flawed institutional and racist stance on indefinite detention—-it was not based on military necessity, only racial discrimination

G. Edward White 11, Distinguished Professor of Law and University Professor, University of Virginia School of Law, December 2011, and#34;Symposium: Supreme Mistakes: Determining Notoriety in Supreme Court Decisions,and#34; Pepperdine Law Review, 39 Pepp. L. Rev. 197, lexis nexis
II. Examples of Notorious Mistakes: A First Look¶ ¶ In the long
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the criteria suggests that three of them seem heavily dependent on the fourth.

Racism makes war and violence inevitable—-it presents enemies as biologically inferior to justify their extermination

Eduardo Mendieta 2, PhD and Associate professor of Stonybrook School of Philosophy, April 25th, 2002, and#34;’To make live and to let die’ - Foucault on Racism,’and#34; Meeting of the Foucault Circle, APA Central Division Meeting, Chicago, April 25th, 2002, www.stonybrook.edu/commcms/philosophy/people/faculty_pages/docs/foucault.pdf
This is where racism intervenes, not from without, exogenously, but from within
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of the living, then these threats and foes are biological in nature.

Racism must be rejected in every instance

Albert Memmi 2k, Professor Emeritus of Sociology @ U of Paris, Naiteire, Racism, Translated by Steve Martinot, p. 163-165
The struggle against racism will be long, difficult, without intermission, without remission
AND
. True, it is a wager, but the stakes are irresistible. 

The Internment Case precedents make future internment likely

Nathan Watanabe 4, J.D. Candidate, University of Southern California Law School, 2004, and#34;Internment, Civil Liberties, and a Nation in Crisis,and#34; Southern California Interdisciplinary Law Journal, 13 S. Cal. Interdisc. L. J. 2003-2004, Hein Online
The Internment Cases’ Court failed to address the and#34;necessityand#34; aspect of heightened scrutiny
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times, these relics of the past are factually analogous and legally applicable.

Correcting the past is a prerequisite to fixing the future—-otherwise future racist policies are inevitable

Wendell L. Griffen 99, Judge for the Arkansas Court of Appeals, and#34;RACE, LAW, AND CULTURE: A CALL TO NEW THINKING, LEADERSHIP, AND ACTION,and#34; University of Arkansas at Little Rock Law Review, 21 U. Ark. Little Rock L. Rev. 901, 1999, Lexis Nexis
We have yet to admit the racism that resulted in Chinese exclusion laws in the
AND
government, law, economics, education, and societal life in general.

Its existence on the books allows for the justification of racially discriminatory war policy

Ilya Somin 13, Professor of Law at George Mason University School of

Tournament: Pittrr | Round: 6 | Opponent: West Georgia Muhammad-Ard | Judge: Schultz

1AC Pitt RR—-West Georgia

The United States federal government should repudiate the ongoing legal legacy of the internment cases.

The internment cases are flawed and racist institutional stances on indefinite detention—-Korematsu ruled the internment of Japanese Americans during World War II constitutional—-the precedent massively expands exec authority and makes future internment of minority groups such as Arabs and Muslims likely

Nathan Watanabe 4, J.D. Candidate, University of Southern California Law School, 2004, "Internment, Civil Liberties, and a Nation in Crisis," Southern California Interdisciplinary Law Journal, 13 S. Cal. Interdisc. L. J. 2003-2004, Hein Online
B. THE INTERNMENT CASES¶ The greatest move towards containing the threat of sabotage
AND
times, these relics of the past are factually analogous and legally applicable.

Korematsu was litigated in the context of Jim Crow laws—-the aff disrupts racial compartmentalization by recognizing the connections between different policies and how racism affects multiple minority groups

Devon W. Carbado 5, is a professor of law at the University of California, Los Angeles. 2005, "Racial Naturalization," American Quarterly, 57.3 (2005), p. 633-658, project muse
Conclusion¶ My argument has been that American identity and American citizenship do not necessarily
AND
blacks. Dred Scott is a useful starting place for elaborating this point.

Korematsu mirrors the Dred Scott decision in its flawed and racist judicial reasoning—-both decisions found racial discrimination constitutionally legitimate

G. Edward White 11, Distinguished Professor of Law and University Professor, University of Virginia School of Law, December 2011, "Symposium: Supreme Mistakes: Determining Notoriety in Supreme Court Decisions," Pepperdine Law Review, 39 Pepp. L. Rev. 197, lexis nexis
II. Examples of Notorious Mistakes: A First Look¶ ¶ In the long
AND
the portions of territory from which prospective states were carved out. n21¶ 

This was the culmination of racism against Asian Americans in the United States—-the aff helps expose the state’s history of racism and the parallels between past Asian discrimination and today’s Arab and Muslim discrimination

Natsu Taylor Saito 1, professor at Georgia State University College of Law, 2001, "Symbolism Under Siege: Japanese American Redress and the ’Racing’ of Arab Americans as ’Terrorists,’" Asian Law Journal, 8 Asian L. J. 1, 2001, hein online
Thus far, it has the makings of a feel-good story: a
AND
Arabs, we’re all violent and we’re all conducting a holy war."67

The federal government must end the ongoing legal legacy—-the Court established a flawed precedent, just like it did in Dred Scott

G. Edward White 11, Distinguished Professor of Law and University Professor, University of Virginia School of Law, December 2011, "Symposium: Supreme Mistakes: Determining Notoriety in Supreme Court Decisions," Pepperdine Law Review, 39 Pepp. L. Rev. 197, lexis nexis
By reaching out to decide the constitutional status of slavery in the federal territories in
AND
shortly after the decision was handed down by Yale law professor Eugene Rostow. 

Ending the precedent is binding and prevents circumvention

Stephen I. Vladeck 9, associate professor at American University Washington College of Law, 2009, "The Long War, The Federal Courts, and the Necessity/Legality Paradox," 43 U. Rich. L. Rev. ahttps://webspace.utexas.edu/rmc2289/LT/Vladeck.Short.pdf
B. The Limits of Jackson’s Dissent—and of Wittes’s Argument¶ As much
AND
Court to be last, not first, to give them up. 158

The aff challenge to indefinite detention creates an ideal intersectional space to build coalitions against racial violence—-PARTICULAR projects are key

Adrien Katherine Wing 3, is a Bessie Dutton Murray Distinguished Professor of Law at the University of Iowa College of Law. A.B. Princeton, 1978; M.A. UCLA, 1979; J.D. Stanford, 1982, Spring 2003, "Civil Rights in the Post 911 World: Critical Race Praxis, Coalition Building, and the War on Terrorism", 63 La. L. Rev. (2003), http://digitalcommons.law.lsu.edu/cgi/viewcontent.cgi?article=598726context=lalrev26sei-redir=126referer=http3A2F2Fscholar.google.com2Fscholar3Fq3Dguantanamo2B2522critical2Brace2Btheory252226btnG3D26hl3Den26as_sdt3D0252C526as_vis3D1~~23search=22guantanamo20critical20race20theory22,
Because of the various problems with coalition building, several scholars do not endorse it
AND
groups competing for crumbs while majoritarian rule continue~s~ unabated? 22

We have a moral obligation to advocate for effective remedies to injustices like Korematsu—-the aff is not the ONLY starting point, but is ONE effective starting point to challenge executive abuses of power

Natsu Taylor Saito 10, Professor of Law, Georgia State University College of Law, "ARTICLE: INTERNMENTS, THEN AND NOW: CONSTITUTIONAL ACCOUNTABILITY IN POST-9/11 AMERICA", Spring, 2 Duke Forum for L. 26 Soc. Change 71, Lexis
The dangers illustrated by the internment of Japanese Americans during World War II appear to
AND
will ensure that they, too, will be repeated in the future.

Avoiding the original case silences dissent—-an investigation against government racism by external individuals like us is key to prevent the same wrongs from happening again

Natsu Taylor Saito 1, professor at Georgia State University College of Law, 2001, "Symbolism Under Siege: Japanese American Redress and the ’Racing’ of Arab Americans as ’Terrorists,’" Asian Law Journal, 8 Asian L. J. 1, 2001, hein online
V. CONCLUSION: CONTESTING THE SYMBOLISM OF REDRESS¶ After a thoughtful study of
AND
trucks by soldiers with bayonets. We must not become those silent observers.

Court repudiation of the internment cases is necessary—-helps remedy social and political conflicts

Peter Irons 13, Civil Rights Attorney, and professor emeritus of political science, "UNFINISHED BUSINESS: THE CASE FOR SUPREME COURT REPUDIATION OF THE JAPANESE AMERICAN INTERNMENT CASES," 2013, http://lawprofessors.typepad.com/files/case-for-repudiation-1.pdf-http://lawprofessors.typepad.com/files/case-for-repudiation-1.pdf
CONCLUSION¶ Over the past seven decades, many distinguished scholars and judges have implored
AND
an obligation to provide the "expiation" for which he prophetically called.

Liberal reformism is the only way to avoid reductive theories that collapse into totalitarianism—-making the system live up to its empty promises of equality is better than discarding equality

Jefferey Pyle 99, Boston College Law School, J.D., magna cum laude, Race, Equality and the Rule of Law: Critical Race Theory’s Attack on the Promises of Liberalism, 40 B.C.L. Rev. 787
Liberal principles are therefore "indeterminate" to the extent that they are not mechanically
AND
the tradition of John Brown, their efforts would have been crushed immediately.

Simulated national security law debates preserve agency and enhance decision-making—-avoids cooption

Laura K. Donohue 13, Associate Professor of Law, Georgetown Law, 4/11, "National Security Law Pedagogy and the Role of Simulations", http://jnslp.com/wp-content/uploads/2013/04/National-Security-Law-Pedagogy-and-the-Role-of-Simulations.pdf
The concept of simulations as an aspect of higher education, or in the law
AND
undoubtedly necessary, it suggests one potential direction for the years to come.

Exec power has increased because of perceived public indifference and lack of comprehension about security issues

Aziz Rana 12, Assistant Professor of Law, Cornell University Law School; A.B., Harvard College; J.D., Yale Law School; PhD., Harvard University, Connecticut Law Review July, 2012, 44 Conn. L. Rev. 1417, "COMMENTARY: NATIONAL SECURITY: LEAD ARTICLE: Who Decides on Security?" lexis nexis
Despite over six decades of reform initiatives, the overwhelming drift of security arrangements in
AND
and then to watch those branches delegate such power back to the executive.

Tournament: Texas | Round: 3 | Opponent: Rutgers-Newark Smith-Randall | Judge: Kennedy

Our advocacy is that the ongoing legal legacy of the Internment Cases justifying indefinite detention should be repudiated and ended.

The internment cases are flawed, racist, classist and sexist institutional stances on indefinite detention—-Korematsu ruled the internment of Japanese Americans during World War II constitutional

Erwin Chemerinsky 11, Dean and Distinguished Professor of Law, University of California, Irvine School of Law, April 1st, 2011, "Korematsu v. United States: A Tragedy Hopefully Never to Be Repeated," Pepperdine Law Review, pepperdinelawreview.com/wp-content/plugins/bag-thumb/bag_thumb885_07_chemerinsky_camera_ready.pdf
III. WHY KOREMATSU WAS ONE OF THE WORST DECISIONS IN HISTORY¶ Applying the
AND
be upheld only if it is necessary to achieve a compelling government interest.

Korematsu was litigated in the context of Jim Crow laws—-the aff disrupts racial compartmentalization by recognizing the connections between different policies and how racism affects multiple minority groups

Devon W. Carbado 5, is a professor of law at the University of California, Los Angeles. 2005, "Racial Naturalization," American Quarterly, 57.3 (2005), p. 633-658, project muse
Conclusion¶ My argument has been that American identity and American citizenship do not necessarily
AND
blacks. Dred Scott is a useful starting place for elaborating this point.

This was the culmination of racism against Asian Americans in the United States—-the aff helps expose the history of racism and slavery the state has been founded upon

Natsu Taylor Saito 1, professor at Georgia State University College of Law, 2001, "Symbolism Under Siege: Japanese American Redress and the ’Racing’ of Arab Americans as ’Terrorists,’" Asian Law Journal, 8 Asian L. J. 1, 2001, hein online
Thus far, it has the makings of a feel-good story: a
AND
Arabs, we’re all violent and we’re all conducting a holy war."67

Korematsu mirrors the Dred Scott decision in its flawed and racist judicial reasoning—-both decisions found racial discrimination constitutionally legitimate

G. Edward White 11, Distinguished Professor of Law and University Professor, University of Virginia School of Law, December 2011, "Symposium: Supreme Mistakes: Determining Notoriety in Supreme Court Decisions," Pepperdine Law Review, 39 Pepp. L. Rev. 197, lexis nexis
II. Examples of Notorious Mistakes: A First Look¶ ¶ In the long
AND
the portions of territory from which prospective states were carved out. n21¶ 

Its ongoing legal legacy must be ended because the Court established a flawed precedent, just like it did in Dred Scott

G. Edward White 11, Distinguished Professor of Law and University Professor, University of Virginia School of Law, December 2011, "Symposium: Supreme Mistakes: Determining Notoriety in Supreme Court Decisions," Pepperdine Law Review, 39 Pepp. L. Rev. 197, lexis nexis
By reaching out to decide the constitutional status of slavery in the federal territories in
AND
shortly after the decision was handed down by Yale law professor Eugene Rostow. 

The precedent makes future internment likely—-it massively expands executive authority and offers unlimited deference

Nathan Watanabe 4, J.D. Candidate, University of Southern California Law School, 2004, "Internment, Civil Liberties, and a Nation in Crisis," Southern California Interdisciplinary Law Journal, 13 S. Cal. Interdisc. L. J. 2003-2004, Hein Online
B. THE INTERNMENT CASES¶ The greatest move towards containing the threat of sabotage
AND
times, these relics of the past are factually analogous and legally applicable.

We have a moral obligation to advocate for effective remedies to injustices like Korematsu—-the aff is not the ONLY starting point, but is ONE effective starting point to challenge executive abuses of power

Natsu Taylor Saito 10, Professor of Law, Georgia State University College of Law, "ARTICLE: INTERNMENTS, THEN AND NOW: CONSTITUTIONAL ACCOUNTABILITY IN POST-9/11 AMERICA", Spring, 2 Duke Forum for L. 26 Soc. Change 71, Lexis
The dangers illustrated by the internment of Japanese Americans during World War II appear to
AND
will ensure that they, too, will be repeated in the future.

Avoiding the original case silences dissent—-an investigation against government racism by external individuals like us is key to prevent the same wrongs from happening again

Natsu Taylor Saito 1, professor at Georgia State University College of Law, 2001, "Symbolism Under Siege: Japanese American Redress and the ’Racing’ of Arab Americans as ’Terrorists,’" Asian Law Journal, 8 Asian L. J. 1, 2001, hein online
V. CONCLUSION: CONTESTING THE SYMBOLISM OF REDRESS¶ After a thoughtful study of
AND
trucks by soldiers with bayonets. We must not become those silent observers.

Korematsu survives silently as a precedent for future violence—-only public debate can prevent history from repeating itself

Dean Masaru Hashimoto 96, Assistant Professor of Law at Boston College, "ARTICLE: THE LEGACY OF KOREMATSU V. UNITED STATES: A DANGEROUS NARRATIVE RETOLD", Fall 1996, 4 UCLA Asian Pac. AM. Law Journal 72, Lexis
During times of war, citizens must bear tremendous costs and burdens; indeed,
AND
meaning of Korematsu can its potentially dangerous principles and rhetoric be limited effectively.

As scholars discussing Korematsu, we must adopt a multifaceted approach to oppression—-shifting to political identities embracing intersectionality of diverse struggles is necessary to avoid repeating past mistakes

Margaret Chon 10, Seattle University law professor, 8 Seattle J. Soc. Just. 643, "ACCESS TO JUSTICE: Remembering and Repairing: The Error Before Us, In Our Presence", Lexis
In its inaugural year, the center has already committed to research initiatives, such
AND
burning, and that’s as much ~as~ you can do."53

Tournament: Pittrr | Round: 7 | Opponent: Wake LW | Judge: Hester
The United States Federal Government should repudiate the interment cases used to justify indefinite detention.

Tournament: Texas | Round: 1 | Opponent: Wyoming Berry-Culver | Judge: Jacob

Only Congress can create a law of action

Eric A. Posner 7, the Kirkland 26 Ellis Professor of Law, University of Chicago Law School; and Adrian Vermuele, Professor of Law, Harvard Law School, 2007, "The Credible Executive," https://lawreview.uchicago.edu/sites/lawreview.uchicago.edu/files/uploads/74.3/74_3_Posner_Vermeule.pdf
For completeness, we mention that the well-motivated executive might in principle subject
AND
not perceive the connection between governmental action and subsequent payouts in any event.

Counterplan either links or doesn’t solve because it doesn’t clarify key legal questions

Sarah Knuckey 10-1, is Director of the Project on Extrajudicial Executions at New York University School of Law, and a Special Advisor to the UN Special Rapporteur on extrajudicial executions, October 1st, 2013, "Transparency on Targeted Killings: Promises Made, but Little Progress," justsecurity.org/2013/10/01/transparency-targeted-killings-promises-made-progress/
Some interpreted these efforts and the President’s speech to mark the beginning of improved transparency
AND
far short of what is necessary, and important core questions remain unanswered.

Only judicial review offsets cognitive biases and is credible—-psychology proves

Cassandra Burke Robertson 12, Associate Professor, Case Western Reserve University School of Law, 2012, "ARTICLE: DUE PROCESS IN THE AMERICAN IDENTITY," Alabama Law Review, 64 Ala. L. Rev. 255, p. lexis
As a policy matter, offering a heightened level of due process may have positive
AND
of who we are as a nation and who we want to be.

Not solvency—-February memo proves

Glenn Greenwald 13, J.D. from NYU, award-winning journalist, February 5th, 2013, "Chilling legal memo from Obama DOJ justifies assassination of US citizens," The Guardian, www.theguardian.com/commentisfree/2013/feb/05/obama-kill-list-doj-memo
This memo is not a judicial opinion. It was not written by anyone independent
AND
judicial review as the means to determine the legality of the president’s conduct.

Legitimizes violent unilateralism internationally

Ralph Nader 12, consumer advocate, lawyer, and author, Dec 1 2012, "Reining in Obama and His Drones," http://www.truthdig.com/report/item/reining_in_obama_and_his_drones_20121201/
Critics point out how many times in the past that departments and agencies have put
AND
-light on illegal unilateralism when they catch up with our drone capabilities.

Congressional authorization k2 send a clear signal to the court

Richard D. Rosen 11, Professor of Law and Director of the Center for Military Law 26 Policy at Texas School of Law, "Drones and the U.S. Courts," W. Mitchell L. Rev. Vol. 37:5, pp. 5280-5293, http://repository.law.ttu.edu/bitstream/handle/10601/1918/Drones20and20the20U.S.20Courts.pdf?sequence=1
Second, some have suggested the possibility of Bivens actions76 for the victims of drone
AND
drone strikes in the nation’s war with al Qaeda and the Taliban.88

Tournament: Texas | Round: 1 | Opponent: Wyoming Berry-Culver | Judge: Jacob

Restrictions inevitable—-the aff prevents haphazard ones which are worse

Benjamin Wittes 9, senior fellow and research director in public law at the Brookings Institution, is the author of Law and the Long War: The Future of Justice in the Age of Terror and is also a member of the Hoover Institution’s Task Force on National Security and Law, "Legislating the War on Terror: An Agenda for Reform", November 3, Book, p. 17
A new administration now confronts the same hard problems that plagued its ideologically opposite predecessor
AND
sparred these past several years and will likely continue sparring over the next several

The aff is key middle ground—-total flex causes worse decision-making in crises

Deborah N. Pearlstein 9, lecturer in public and international affairs, Woodrow Wilson School of Public 26 International Affairs, July 2009, "Form and Function in the National Security Constitution," Connecticut Law Review, 41 Conn. L. Rev. 1549, lexis nexis
It is in part for such reasons that studies of organizational performance in crisis management
AND
something more than arbitrary attention has been paid before transcendent priorities are overridden.

Oversight stops arbitrariness, not flex

Stephen Holmes 9, Walter E. Meyer Professor of Law, New York University School of Law, "The Brennan Center Jorde Symposium on Constitutional Law: In Case of Emergency: Misunderstanding Tradeoffs in the War on Terror", April, California Law Review, 97 Calif. L. Rev. 301, Lexis
Concerted efforts to shirk and deflect responsibility, moreover, provide an illuminating context in
AND
way? And the answer to this second question is obviously "yes."

No climate treaty

Jon Hovi 13, Prof of Political Science at the University of Oslo; Tora Skodvin, Prof of Political Science at the University of Oslo; and Stine Aakre, Senior Research Fellow at the Center for International Climate and Environmental Research – Oslo; "Can Climate Change Negotiations Succeed?" Published 20 Sept 2013, Politics and Governance, Volume 1 Issue 2, http://alliance.columbia.edu/files/newalliance/content/PaG-1-1.2.138.pdf
More than two decades of climate change negotiations have produced a series of climate agreements
AND
will be feasible to incorporate potent enforcement measures in a future climate agreement.

Recent CIA restrictions thump their "authority" link

Greg Miller 1-15-14 – Intelligence Staff writer for the Washington Post, "Lawmakers seek to stymie plan to shift control of drone campaign from CIA to Pentagon", Washington Post,
http://www.washingtonpost.com/world/national-security/lawmakers-seek-to-stymie-plan-to-shift-control-of-drone-campaign-from-cia-to-pentagon/2014/01/15/c0096b18-7e0e-11e3-9556-4a4bf7bcbd84_story.html
Congress has moved to block President Obama’s plan to shift control of the U.
AND
focus to traditional intelligence gathering and possibly bringing more transparency to drone strikes.

No impact to warming

Robert O. Mendelsohn 9, the Edwin Weyerhaeuser Davis Professor, Yale School of Forestry and Environmental Studies, Yale University, June 2009, "Climate Change and Economic Growth," online: http://www.growthcommission.org/storage/cgdev/documents/gcwp060web.pdf
The heart of the debate about climate change comes from a number of warnings from
AND
economic growth and well?being may be at risk (Stern 2006).
These statements are largely alarmist and misleading. Although climate change is a serious problem
AND
range climate risks. What is needed are long?run balanced responses.

Tournament: Texas | Round: 1 | Opponent: Wyoming Berry-Culver | Judge: Jacob

Perm do both—-we solve threat overreaction

Colm O’Cinneide 8, Senior Lecturer in Law at University College London, "Strapped to the Mast: The Siren Song of Dreadful Necessity, the United Kingdom Human Rights Act and the Terrorist Threat," Ch 15 in Fresh Perspectives on the ’War on Terror,’ ed. Miriam Gani and Penelope Mathew, http://epress.anu.edu.au/war_terror/mobile_devices/ch15s07.html
This ’symbiotic’ relationship between counter-terrorism measures and political violence, and the
AND
repression: the need for mobilisation in response may therefore also be diluted. 

No prior questions

Owen 2 ~David Owen, Reader of Political Theory at the Univ. of Southampton,  Millennium Vol 31 No 3 2002 p. 655-7~
Commenting on the ’philosophical turn’ in IR, Wæver remarks that ’~a~
AND
the first and second dangers, and so a potentially vicious circle arises.

Rejection causes threat construction based on personal beliefs

Fitzsimmons 7 Michael, Defense Analyst in DC, "The Problem of Uncertainty in Strategic Planning", Survival, Winter 06/07
But handling even this weaker form of uncertainty is still quite challeng-  ing.
AND
, such decisions may be poorly understood by the decision-makers  themselves. 

Threats real—-threat inflation would get our authors fired

Earl C. Ravenal 9, distinguished senior fellow in foreign policy studies @ Cato, is professor emeritus of the Georgetown University School of Foreign Service. He is an expert on NATO, defense strategy, and the defense budget. He is the author of Designing Defense for a New World Order. What’s Empire Got to Do with It? The Derivation of America’s Foreign Policy." Critical Review: An Interdisciplinary Journal of Politics and Society 21.1 (2009) 21-75
The underlying notion of "the security bureaucracies . . . looking for new enemies
AND
or to a lack of sufficient imagination to exploit opportunities for personal profit.

Including the aff breaks the link between security and unrestrained sovereign power

Joao Reis Nunes 7, Marie Curie Fellow and PhD Candidate in International Politics at the University of Wales, Aberystwyth, September 2007, "Politics, Security, Critical Theory: A Contribution to Current Debates on Security," http://archive.sgir.eu/uploads/Nunes-joaonunes-politicssecuritycriticaltheory.pdf
This section wishes to draw from Huysmans’ work on security as a signifier, particularly
AND
is possible to follow from this insight whilst retaining the signifier of security. 

Threat con isn’t sufficient to cause war

Stuart J Kaufman 9, Prof Poli Sci and IR – U Delaware, "Narratives and Symbols in Violent Mobilization: The Palestinian-Israeli Case," Security Studies 18:3, p. 433
Even when hostile narratives, group fears, and opportunity are strongly present, war
AND
and opportunity spur hostile attitudes, chauvinist mobilization, and a security dilemma.