Tournament: 2013babyjo | Round: Finals | Opponent: Kansas Birzer-Campbell | Judge: Gliniecki, Manuel, Stanley

1AC

1AC – Legitimacy Advantage

CONTENTION 1: LEGITIMACY

US credibility is collapsing due to detention policy—-plan reverses that

David Welsh 11, J.D. from the University of Utah, and#34;Procedural Justice Post-9/11: The Effects of Procedurally Unfair Treatment of Detainees on Perceptions of Global Legitimacyand#34;, http://law.unh.edu/assets/images/uploads/publications/unh-law-review-vol-09-no2-welsh.pdf
The Global War on Terror 1 has been ideologically framed as a struggle between the
AND
this article offers a psychological perspective of legitimacy in the context of detention. 

Court oversight is the way forward in detention policy—-it’s the only way to restore America’s image abroad

Glenn Sulmasy 9, Associate Professor of Law at the United States Coast Guard Academy and was a National Security and Human Rights Fellow at the Carr Center, Harvard Kennedy School, April 13, and#34;THE NEED FOR A NATIONAL SECURITY COURT SYSTEMand#34;, PDF
THE WAY FORWARD¶ The President, Secretary Gates and Secretary Rice have all declared
AND
dedicated to the administration of justice and to upholding the rule of law.

The plan’s external oversight on detention maintains heg—-legitimacy is the vital internal link to global stability

Robert Knowles 9, Acting Assistant Professor, New York University School of Law, Spring, and#34;Article: American Hegemony and the Foreign Affairs Constitutionand#34;, 41 Ariz. St. L.J. 87, Lexis
The hegemonic model also reduces the need for executive branch flexibility, and the institutional
AND
courts to reduce the and#34;deference gapand#34; between foreign and domestic cases.

Nuclear war

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, and#34;America’s decline: A harbinger of conflict and rivalryand#34;, 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.

Material power’s irrelevant—-lack of legitimacy makes heg ineffective

Barak Mendelsohn 10, assistant professor of political science at Haverford College and a senior fellow of FPRI. Author of Combating Jihadism: American Hegemony and Interstate Cooperation in the War on Terrorism, June 2010, and#34;The Question of International Cooperation in the War on Terrorismand#34;, http://www.fpri.org/enotes/201006.mendelsohn.cooperationwarterror.html
Going against common conceptions, I argue that the United States sought to advance more
AND
This process constrains the hegemon’s actions and prevents the uninhibited exercise of power.

Independently, absent renewal of rule of law principles, multilateral cooperation to solve warming and disease is impossible

John G. Ikenberry 11, Albert G. Milbank Professor of Politics and International Affairs at Princeton, Spring, and#34;A World of Our Makingand#34;, http://www.democracyjournal.org/20/a-world-of-our-making.php?page=all
Grand Strategy as Liberal Order Building American dominance of the global system will eventually yield
AND
liberal order building, it can begin the process of gaining it back. 

Warming causes extinction

Don Flournoy 12, Citing Feng Hsu, PhD NASA Scientist @ the Goddard Space
AND
January 2012, Springer Briefs in Space Development, p. 10-11
In the Online Journal of Space Communication , Dr. Feng Hsu, a  NASA
AND
simply too high for us to take any chancesand#34; (Hsu 2010 ).

Diseases end civilization

David Quammen 12, award-winning science writer, long-time columnist for Outside magazine for fifteen years, with work in National Geographic, Harper’s, Rolling Stone, the New York Times Book Review and other periodicals, 9/29, and#34;Could the next big animal-to-human disease wipe us out?,and#34; The Guardian, pg. 29, Lexis
Infectious disease is all around us. It’s one of the basic processes that ecologists
AND
collapses? One possible factor is infectious disease, and viruses in particular.

Judicial involvement is key to the credibility of detention decisions

Matthew C Waxman 9, Professor of Law; Faculty Chair, Roger Hertog Program on Law and National Security, and#34;Legislating the War on Terror: An Agenda for Reformand#34;, November 3, Book
Judicial review can help safeguard liberty and enhance the credibility at home and abroad of
AND
to contest what with the assistance of counsel? Transparent determinations of what?

1AC – Democracy Advantage

CONTENTION 2: DEMOCRACY

Democratic liberalism is backsliding now—-the US model of an unrestrained executive causes collapse

Larry Diamond 9, Professor of Political Science and Sociology @ Stanford, and#34;The Impact of the Global Financial Crisis on Democracyand#34;, Presented to the SAIS-CGD Conference on New Ideas in Development after the Financial Crisis, Conference Paper that can be found on his Vita
Concern about the future of democracy is further warranted by the gathering signs of a
AND
and for the effective restoration of democracy in countries like Thailand and Nepal.

Democratic transitions are hanging in the balance—-only empowering checks on executive power through rule of law can tip the scales

CJA 4 The Center for Justice and Accountability, Amici Curiae in support of petitioners in Al Odah et al. v USA, and#34;Brief of the Center for Justice and Accountability, the International League for Human Rights, and Individual Advocates for the Independence of the Judiciary in Emerging Democracies,and#34; 3-10, Lexis
Many of the newly independent governments that have proliferated over the past five decades have adopted these ideals. They have emerged from a variety of less-than-free contexts, including the end of European colonial rule in the 1950’s and 1960’s, the end of the Cold War and the breakup of the former Soviet Union in the late 1980’s and 1990’s, the disintegration of Yugoslavia, and the continuing turmoil in parts of Africa, Latin America and southern Asia. Some countries have successfully transitioned to stable and democratic forms of government that protect individual freedoms and human rights by means of judicial review by a strong and independent judiciary. Others have suffered the rise of tyrannical and oppressive rulers who consolidated their hold on power in part by diminishing or abolishing the role of the judiciary. And still others hang in the balance, struggling against the onslaught of tyrants to establish stable, democratic governments. In their attempts to shed their tyrannical pasts and to ensure the protection of individual rights, emerging democracies have consistently looked to the United States and its Constitution in fashioning frameworks that safeguard the independence of their judiciaries . See Ran Hirschl, The Political Origins of Judicial Empowerment through Constitutionalization: Lessons from Four Constitutional Revolutions, 25 Law 26 Soc. Inquiry 91, 92 (2000) (stating that of the and#34;~m~any countries . . . ~that~ have engaged in fundamental constitutional reform over the past three decades,and#34; nearly all adopted and#34;a bill of rights and establishe~d~ some form of active judicial reviewand#34. Establishing judicial review by a strong and independent judiciary is a critical step in stabilizing and protecting these new democracies. See Christopher M. Larkins, Judicial Independence and Democratization: A Theoretical and Conceptual Analysis, 44 Am. J. Comp. L. 605, 605-06 (1996) (describing the judicial branch as having and#34;a uniquely important roleand#34; in transitional countries, not only to and#34;mediate conflicts between political actors but also ~to~ prevent the arbitrary exercise of government power; see also Daniel C. Prefontaine and Joanne Lee, The Rule of Law and the Independence of the Judiciary, International Centre for Criminal Law Reform and Criminal Justice Policy (1998) (and#34;There is increasing acknowledgment that an independent judiciary is the key to upholding the rule of law in a free society . . . . Most countries in transition from dictatorships and/or statist economies recognize the need to create a more stable system of governance, based on the rule of law.and#34, available at http://www.icclr.law.ubc.ca/Publications/Reports/RuleofLaw. pdf (last visited Jan. 8, 2004). Although the precise form of government differs among countries, and#34;they ultimately constitute variations within, not from, the American model of constitutionalism . . . ~a~ specific set of fundamental rights and liberties has the status of supreme law, is entrenched against amendment or repeal . . . and is enforced by an independent court . . . .and#34; Stephen Gardbaum, The New Commonwealth Model of Constitutionalism, 49 Am. J. Comp. L. 707, 718 (2001). This phenomenon became most notable worldwide after World War II when certain countries, such as Germany, Italy, and Japan, embraced independent judiciaries following their bitter experiences under totalitarian regimes. See id. at 714- 15; see also United States v. Then, 56 F.3d 464, 469 (2d Cir. 1995) (Calabresi, J., concurring) (and#34;Since World War II, many countries have adopted forms of judicial review, which — though different from ours in many particulars — unmistakably draw their origin and inspiration from American constitutional theory and practice. See generally Mauro Cappelletti, The Judicial Process in Comparative Perspective (Oxford: Clarendon Press, 1989).and#34. It is a trend that continues to this day. It bears mention that the United States has consistently affirmed and encouraged the establishment of independent judiciaries in emerging democracies. In September 2000, President Clinton observed that and#34;~w~ithout the rule of law, elections simply offer a choice of dictators. . . . America’s experience should be put to use to advance the rule of law, where democracy’s roots are looking for room and strength to grow.and#34; Remarks at Georgetown University Law School, 36 Weekly Comp. Pres. Doc. 2218 (September 26, 2000), available at http://clinton6.nara.gov/2000/09/2000-09-26- remarks-by-president-at-georgetown-international-lawcenter. html. The United States acts on these principles in part through the assistance it provides to developing nations. For example, the United States requires that any country seeking assistance through the Millenium Challenge Account, a development assistance program instituted in 2002, must demonstrate, among other criteria, an and#34;adherence to the rule of law.and#34; The White House noted that the rule of law is one of the and#34;essential conditions for successful developmentand#34; of these countries. See http://www.whitehouse.gov/infocus/developingnations (last visited Jan. 8, 2004).12

US detention policy is key—-it has justified democratic backsliding globally

CJA 4 The Center for Justice and Accountability, Amici Curiae in support of petitioners in Al Odah et al. v USA, and#34;Brief of the Center for Justice and Accountability, the International League for Human Rights, and Individual Advocates for the Independence of the Judiciary in Emerging Democracies,and#34; 3-10, Lexis
While much of the world is moving to adopt the institutions necessary to secure individual rights, many still regularly abuse these rights. One of the hallmarks of tyranny is the lack of a strong and independent judiciary. Not surprisingly, where countries make the sad transition to tyranny, one of the first victims is the judiciary. Many of the rulers that go down that road justify their actions on the basis of national security and the fight against terrorism, and, disturbingly, many claim to be modeling their actions on the United States. Again, a few examples illustrate this trend. In Peru, one of former President Alberto Fujimori’s first acts in seizing control was to assume direct executive control of the judiciary, claiming that it was justified by the threat of domestic terrorism. He then imprisoned thousands, refusing the right of the judiciary to intervene. International Commission of Jurists, Attacks on Justice 2000-Peru, August 13, 2001, available at ttp://www.icj.org/news.php3?id_article=258726lang=en (last visited Jan. 8, 2004). In Zimbabwe, President Mugabe’s rise to dictatorship has been punctuated by threats of violence to and the co-opting of the judiciary. He now enjoys virtually total control over Zimbabweans’ individual rights and the entire political system. R.W. Johnson, Mugabe’s Agents in Plot to Kill Opposition Chief, Sunday Times (London), June 10, 2001; International Commission of Jurists, Attacks on Justice 2002— Zimbabwe, August 27, 2002, available at http://www.icj.org/news.php3?id_article=2695?=en (last visited Jan. 8, 2004). While Peru and Zimbabwe represent an extreme, the independence of the judiciary is under assault in less brazen ways in a variety of countries today. A highly troubling aspect of this trend is the fact that in many of these instances those perpetuating the assaults on the judiciary have pointed to the United States’ model to justify their actions. Indeed, many have specifically referenced the United States’ actions in detaining persons in Guantánamo Bay. For example, Rais Yatim, Malaysia’s and#34;de facto law ministerand#34; explicitly relied on the detentions at Guantánamo to justify Malaysia’s detention of more than 70 suspected Islamic militants for over two years. Rais stated that Malyasia’s detentions were and#34;just like the process in Guantánamo,and#34; adding, and#34;I put the equation with Guantánamo just to make it graphic to you that this is not simply a Malaysian style of doing things.and#34; Sean Yoong, and#34;Malaysia Slams Criticism of Security Law Allowing Detention Without Trial,and#34; Associated Press, September 9, 2003 (available from Westlaw at 9/9/03 APWIRES 09 :34:00). Similarly, when responding to a United States Government human rights report that listed rights violations in Namibia, Namibia’s Information Permanent Secretary Mocks Shivute cited the Guantánamo Bay detentions, claiming that and#34;the US government was the worst human rights violator in the world.and#34; BBC Monitoring, March 8, 2002, available at 2002 WL 15938703. Nor is this disturbing trend limited to these specific examples. At a recent conference held at the Carter Center in Atlanta, President Carter, specifically citing the Guantánamo Bay detentions, noted that the erosion of civil liberties in the United States has and#34;given a blank check to nations who are inclined to violate human rights already.and#34; Doug Gross, and#34;Carter: U.S. human rights missteps embolden foreign dictators,and#34; Associated Press Newswires, November 12, 2003 (available from Westlaw at 11/12/03 APWIRES 00:30:26). At the same conference, Professor Saad Ibrahim of the American University in Cairo (who was jailed for seven years after exposing fraud in the Egyptian election process) said, and#34;Every dictator in the world is using what the United States has done under the Patriot Act . . . to justify their past violations of human rights and to declare a license to continue to violate human rights.and#34; Id. Likewise, Shehu Sani, president of the Kaduna, Nigeriabased Civil Rights Congress, wrote in the International Herald Tribune on September 15, 2003 that and#34;~t~he insistence by the Bush administration on keeping Taliban and Al Quaeda captives in indefinite detention in Guantánamo Bay, Cuba, instead of in jails in the United States — and the White House’s preference for military tribunals over regular courts — helps create a free license for tyranny in Africa. It helps justify Egypt’s move to detain human rights campaigners as threats to national security and does the same for similar measures by the governments of Ivory Coast, Cameroon and Burkina Faso.and#34; Available at http://www.iht.com/ihtsearch.php?id=10992726owner=(IHT)26dat e=20030121123259. In our uni-polar world, the United States obviously sets an important example on these issues. As reflected in the foundational documents of the United Nations and many other such agreements, the international community has consistently affirmed the value of an independent judiciary to the defense of universally recognized human rights. In the crucible of actual practice within nations, many have looked to the United States model when developing independent judiciaries with the ability to check executive power in the defense of individual rights. Yet others have justified abuses by reference to the conduct of the United States. Far more influential than the words of Montesquieu and Madison are the actions of the United States. This case starkly presents the question of which model this Court will set for the world. 

A detention court is crucial to the preservation of US democratic ideals

Glenn Sulmasy 9, Associate Professor of Law at the United States Coast Guard Academy and was a National Security and Human Rights Fellow at the Carr Center, Harvard Kennedy School, April 13, and#34;THE NEED FOR A NATIONAL SECURITY COURT SYSTEMand#34;, PDF
CONCLUSION¶ A new, statutorily created National Security Court system would afford an opportunity
AND
to examine the possibilities that such a National Security Court system might afford.

That resolves future GITMO-like problems and is modeled globally

Anthony L. Kimery 9, Homeland Security Today’s Online Editor and Online Media Division manager, draws on 30 years of experience and extensive contacts as he investigates homeland security, counterterrorism and border security, citing Glenn Sulmasy, first permanent commissioned military law professor at the Coast Guard Academy, where he is a Professor of Law teaching international, constitutional, and criminal law, and#34;The Case For A ’National Security Court’and#34;, December 3, www.hstoday.us/blogs/the-kimery-report/blog/the-case-for-a-national-security-court/a9333d82c11cecd35e74c8c0b65c2698.html
However, in interviews with HSToday.us, Sulmasy argued that and#34;we have
AND
, however, we need to look at fresh options,and#34; Sulmasy said. 

Global democratic transitions are inevitable—-the only way for the US to bolster democracies is constitutionalism—-prevents war

Fareed Zakaria 97, PhD Poli Sci @ Harvard, Managing Editor of Foreign Affairs, 1997, Lexis
Of course cultures vary, and different societies will require different frameworks of government.
AND
next century, our task is to make democracy safe for the world.   

Democratic backsliding causes great power war

Azar Gat 11, the Ezer Weizman Professor of National Security at Tel Aviv University, 2011, and#34;The Changing Character of War,and#34; in The Changing Character of War, ed. Hew Strachan and Sibylle Scheipers, p. 30-32
Since 1945, the decline of major great power war has deepened further. Nuclear
AND
, they may vary less than seemed likely only a short while ago.

Independently, the plan prevents eroding checks on executive power that creates global dissident crack-down

Matthew C Waxman 9, Professor of Law; Faculty Chair, Roger Hertog Program on Law and National Security, Legislating the War on Terror: An Agenda for Reformand#34;, November 3, Book, p. 58
Opponents and skeptics of administrative detention rightly point out that creating new mechanisms for detention
AND
on dissidents that they label and#34;terroristsand#34; or and#34;national security threats.and#34;

Chinese crackdowns on Uighurs make them stronger and cause Asian war

Dr. Elizabeth Van Wie Davis 8, division director and professor of liberal arts and international studies at Colorado School of Mines, 2008, and#34;Uyghur Muslim Ethnic Separatism in Xinjiang, China,and#34; Asian Affairs: An American Review, 2008, Vol. 35, Issue 1, pg. 15-30, ebsco
Alternative Futures¶ The scenario most worrisome to the Chinese would be the Uyghur Muslim
AND
a fragmenting China. Political instability in China would impact all of Asia.

Asian war goes nuclear—-no defense—-interdependence and institutions don’t check

C. Raja Mohan 13, distinguished fellow at the Observer Research Foundation in New Delhi, March 2013, Emerging Geopolitical Trends and Security in the Association of Southeast Asian Nations, the People’s Republic of China, and India (ACI) Region,and#34; background paper for the Asian Development Bank Institute study on the Role of Key Emerging Economies, http://www.iadb.org/intal/intalcdi/PE/2013/10737.pdf
Three broad types of conventional conflict confront Asia. The first is the prospect of
AND
geographic scope and the normative basis for a future security order in Asia.

Independently, the plan reinvigorates due process in detention

Amos N. Guiora 12, Professor of Law, S.J. Quinney College of Law, University of Utah, and#34;Due Process and Counterterrorismand#34;, Emory International Law Review, Vol. 26, www.law.emory.edu/fileadmin/journals/eilr/26/26.1/Guiora.pdf
While the public safety exception has been recommended as applicable to counterterrorism as justification for
AND
or guilt is essential to effective counterterrorism predicated on the rule of law. 

That spills over to immigration detention policy

Farha Aziz Faisal 12, Harvard graduate with honors in Government, and#34;Due Process Protections in the War on Terrorism: A Comparative Analysis of Security - Based Preventive Detention in the United States and the United Kingdomand#34;, March, http://www.gov.harvard.edu/files/IR20thesis202.pdf
Overall, this thesis provides insight into how the structure of political institutions interacts with
AND
provide meaningful input in creating systems sensitive to and protective of due process. 

Immigrant detainee rights are the key issue for US-Mexico relations

Roberto Lovato 9, a New York-based contributing Associate Editor with New America Media and a frequent contributor to The Nation Magazine. He’s also written for the Los Angeles Times, Salon, Der Spiegel, Utne Magazine, La Opinion, and other national and international media outlets. He has also appeared as a source and commentator on English and Spanish language network news shows on Univision, CNN, PBS and other programs and made a recent appearance on Bill Moyers Journal. Lovato was the former Executive Director of CARECEN, which was the largest immigrant rights organization in the country, 2/26/09, and#34;U.S. Immigration Policies Bring Global Shame on Usand#34;, http://ofamerica.wordpress.com/2009/02/26/us-immigration-policies-bring-global-shame-on-us/
The proliferation of stories in international media and in global forums about the Guantanamo-
AND
a symbol of the rest of the country when it comes to immigration.and#34;

US-Mexico relations are key to solving the drug war —- the impact is regional instability

Shirk 11 (David A., Associate Professor, Political Science, and Director, Trans-Border Institute, University of San Diego, and#34;The Drug War in Mexico Confronting a Shared Threatand#34;, March 2011, pg. 26-27)
The opportunity for effective U.S.-Mexico cooperation to address these shared concerns
AND
, and a more sensible policy for managing the harms associated with drugs.

Latin America instability causes extinction

Manwaring 5 (Max G., Retired U.S. Army colonel and an Adjunct Professor of International Politics at Dickinson College, venezuela’s hugo chávez, bolivarian socialism, and asymmetric warfare, October 2005, pg. PUB628.pdf)
President Chávez also understands that the process leading to state failure is the most dangerous
AND
and their associated problems endanger global security, peace, and prosperity.65

1AC – Plan

The United States federal government should create a National Security Court with exclusive jurisdiction over the United States’ indefinite detention policy in the area prescribed by the 2001 Authorization for Use of Military Force.

1AC – Solvency

CONTENTION 3: SOLVENCY

The creation of a National Security Court is crucial to restore legitimacy and rule of law in detention

David Welsh 11, J.D. from the University of Utah, and#34;Procedural Justice Post-9/11: The Effects of Procedurally Unfair Treatment of Detainees on Perceptions of Global Legitimacyand#34;, http://law.unh.edu/assets/images/uploads/publications/unh-law-review-vol-09-no2-welsh.pdf
In the context of the War on Terror, legitimacy is the critical missing element
AND
with the unique procedural issues created by a growing number of suspected terrorists. 

The court’s procedural justice is vital to solve

David Welsh 11, J.D. from the University of Utah, and#34;Procedural Justice Post-9/11: The Effects of Procedurally Unfair Treatment of Detainees on Perceptions of Global Legitimacyand#34;, http://law.unh.edu/assets/images/uploads/publications/unh-law-review-vol-09-no2-welsh.pdf
Recent research highlights two reasons why procedural justice may be particularly important in the context
AND
make recommendations about how these rules could be implemented in a DTC model. 

NSC is the best solution to the detainee issue—-other options fail

Anthony L. Kimery 9, Homeland Security Today’s Online Editor and Online Media Division manager, draws on 30 years of experience and extensive contacts as he investigates homeland security, counterterrorism and border security, citing Glenn Sulmasy, first permanent commissioned military law professor at the Coast Guard Academy, where he is a Professor of Law teaching international, constitutional, and criminal law, and#34;The Case For A ’National Security Court’and#34;, December 3, www.hstoday.us/blogs/the-kimery-report/blog/the-case-for-a-national-security-court/a9333d82c11cecd35e74c8c0b65c2698.html
and#34;The administration is now fully aware that this is a vastly complex issue –
AND
national security, and still garner and maintain international support for our efforts.and#34; 

Plan restores legitimacy and outweighs benefits from indefinite detention

Harvey Rishikof 8, Professor of Law and Former Chair of the Department of National Security Strategy at the National War College and Kevin E Lunday, Captain and judge advocate in the US Coast Guard, and#34;Due Process Is a Strategic Choice: Legitimacy and the Establishment of an Article III National Security Courtand#34;, December 19, www.cwsl.edu/content/journals/Rishikof.pdf
The purpose of the current preventive detention regime, based primarily on a law of
AND
international legal norms and do not undermine U.S. strategic legitimacy.¶

 Some have argued for stronger executive authority to employ indefinite preventive detention of suspected
AND
appropriate forum that ensures government interests in security of the proceedings and information.

Tournament: 2013babyjo | Round: 3 | Opponent: Texas Bhattacharjee-Jones | Judge: Larson

1AC – Legitimacy Advantage

CONTENTION 1: LEGITIMACY

US credibility is collapsing due to detention policy—-plan reverses that

David Welsh 11, J.D. from the University of Utah, and#34;Procedural Justice Post-9/11: The Effects of Procedurally Unfair Treatment of Detainees on Perceptions of Global Legitimacyand#34;, http://law.unh.edu/assets/images/uploads/publications/unh-law-review-vol-09-no2-welsh.pdf
The Global War on Terror 1 has been ideologically framed as a struggle between the
AND
this article offers a psychological perspective of legitimacy in the context of detention. 

Court oversight is the way forward in detention policy—-it’s the only way to restore America’s image abroad

Glenn Sulmasy 9, Associate Professor of Law at the United States Coast Guard Academy and was a National Security and Human Rights Fellow at the Carr Center, Harvard Kennedy School, April 13, and#34;THE NEED FOR A NATIONAL SECURITY COURT SYSTEMand#34;, PDF
THE WAY FORWARD¶ The President, Secretary Gates and Secretary Rice have all declared
AND
dedicated to the administration of justice and to upholding the rule of law.

The plan’s external oversight on detention maintains heg—-legitimacy is the vital internal link to global stability

Robert Knowles 9, Acting Assistant Professor, New York University School of Law, Spring, and#34;Article: American Hegemony and the Foreign Affairs Constitutionand#34;, 41 Ariz. St. L.J. 87, Lexis
The hegemonic model also reduces the need for executive branch flexibility, and the institutional
AND
courts to reduce the and#34;deference gapand#34; between foreign and domestic cases.

Nuclear war

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, and#34;America’s decline: A harbinger of conflict and rivalryand#34;, 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.

Material power’s irrelevant—-lack of legitimacy makes heg ineffective

Barak Mendelsohn 10, assistant professor of political science at Haverford College and a senior fellow of FPRI. Author of Combating Jihadism: American Hegemony and Interstate Cooperation in the War on Terrorism, June 2010, and#34;The Question of International Cooperation in the War on Terrorismand#34;, http://www.fpri.org/enotes/201006.mendelsohn.cooperationwarterror.html
Going against common conceptions, I argue that the United States sought to advance more
AND
This process constrains the hegemon’s actions and prevents the uninhibited exercise of power.

Independently, absent renewal of rule of law principles, multilateral cooperation to solve warming and disease is impossible

John G. Ikenberry 11, Albert G. Milbank Professor of Politics and International Affairs at Princeton, Spring, and#34;A World of Our Makingand#34;, http://www.democracyjournal.org/20/a-world-of-our-making.php?page=all
Grand Strategy as Liberal Order Building American dominance of the global system will eventually yield
AND
liberal order building, it can begin the process of gaining it back. 

Warming causes extinction

Don Flournoy 12, Citing Feng Hsu, PhD NASA Scientist @ the Goddard Space
AND
January 2012, Springer Briefs in Space Development, p. 10-11
In the Online Journal of Space Communication , Dr. Feng Hsu, a  NASA
AND
simply too high for us to take any chancesand#34; (Hsu 2010 ).

Diseases end civilization

David Quammen 12, award-winning science writer, long-time columnist for Outside magazine for fifteen years, with work in National Geographic, Harper’s, Rolling Stone, the New York Times Book Review and other periodicals, 9/29, and#34;Could the next big animal-to-human disease wipe us out?,and#34; The Guardian, pg. 29, Lexis
Infectious disease is all around us. It’s one of the basic processes that ecologists
AND
collapses? One possible factor is infectious disease, and viruses in particular.

Judicial involvement is key to the credibility of detention decisions

Matthew C Waxman 9, Professor of Law; Faculty Chair, Roger Hertog Program on Law and National Security, and#34;Legislating the War on Terror: An Agenda for Reformand#34;, November 3, Book
Judicial review can help safeguard liberty and enhance the credibility at home and abroad of
AND
to contest what with the assistance of counsel? Transparent determinations of what?

1AC – Democracy Advantage

CONTENTION 2: DEMOCRACY

Democratic liberalism is backsliding now—-the US model of an unrestrained executive causes collapse

Larry Diamond 9, Professor of Political Science and Sociology @ Stanford, and#34;The Impact of the Global Financial Crisis on Democracyand#34;, Presented to the SAIS-CGD Conference on New Ideas in Development after the Financial Crisis, Conference Paper that can be found on his Vita
Concern about the future of democracy is further warranted by the gathering signs of a
AND
and for the effective restoration of democracy in countries like Thailand and Nepal.

Democratic transitions are hanging in the balance—-only empowering checks on executive power through rule of law can tip the scales

CJA 4 The Center for Justice and Accountability, Amici Curiae in support of petitioners in Al Odah et al. v USA, and#34;Brief of the Center for Justice and Accountability, the International League for Human Rights, and Individual Advocates for the Independence of the Judiciary in Emerging Democracies,and#34; 3-10, Lexis
Many of the …. of these countries. See http://www.whitehouse.gov/infocus/developingnations (last visited Jan. 8, 2004).12

US detention policy is key—-it has justified democratic backsliding globally

CJA 4 The Center for Justice and Accountability, Amici Curiae in support of petitioners in Al Odah et al. v USA, and#34;Brief of the Center for Justice and Accountability, the International League for Human Rights, and Individual Advocates for the Independence of the Judiciary in Emerging Democracies,and#34; 3-10, Lexis
While much of the … Court will set for the world. 

A detention court is crucial to the preservation of US democratic ideals

Glenn Sulmasy 9, Associate Professor of Law at the United States Coast Guard Academy and was a National Security and Human Rights Fellow at the Carr Center, Harvard Kennedy School, April 13, and#34;THE NEED FOR A NATIONAL SECURITY COURT SYSTEMand#34;, PDF
CONCLUSION¶ A new, statutorily created National Security Court system would afford an opportunity
AND
to examine the possibilities that such a National Security Court system might afford.

That resolves future GITMO-like problems and is modeled globally

Anthony L. Kimery 9, Homeland Security Today’s Online Editor and Online Media Division manager, draws on 30 years of experience and extensive contacts as he investigates homeland security, counterterrorism and border security, citing Glenn Sulmasy, first permanent commissioned military law professor at the Coast Guard Academy, where he is a Professor of Law teaching international, constitutional, and criminal law, and#34;The Case For A ’National Security Court’and#34;, December 3, www.hstoday.us/blogs/the-kimery-report/blog/the-case-for-a-national-security-court/a9333d82c11cecd35e74c8c0b65c2698.html
However, in interviews with HSToday.us, Sulmasy argued that and#34;we have
AND
, however, we need to look at fresh options,and#34; Sulmasy said. 

Global democratic transitions are inevitable—-the only way for the US to bolster democracies is constitutionalism—-prevents war

Fareed Zakaria 97, PhD Poli Sci @ Harvard, Managing Editor of Foreign Affairs, 1997, Lexis
Of course cultures vary, and different societies will require different frameworks of government.
AND
next century, our task is to make democracy safe for the world.   

Democratic backsliding causes great power war

Azar Gat 11, the Ezer Weizman Professor of National Security at Tel Aviv University, 2011, and#34;The Changing Character of War,and#34; in The Changing Character of War, ed. Hew Strachan and Sibylle Scheipers, p. 30-32
Since 1945, the decline of major great power war has deepened further. Nuclear
AND
, they may vary less than seemed likely only a short while ago.

Independently, the plan prevents eroding checks on executive power that creates global dissident crack-down

Matthew C Waxman 9, Professor of Law; Faculty Chair, Roger Hertog Program on Law and National Security, Legislating the War on Terror: An Agenda for Reformand#34;, November 3, Book, p. 58
Opponents and skeptics of administrative detention rightly point out that creating new mechanisms for detention
AND
on dissidents that they label and#34;terroristsand#34; or and#34;national security threats.and#34;

Chinese crackdowns on Uighurs make them stronger and cause Asian war

Dr. Elizabeth Van Wie Davis 8, division director and professor of liberal arts and international studies at Colorado School of Mines, 2008, and#34;Uyghur Muslim Ethnic Separatism in Xinjiang, China,and#34; Asian Affairs: An American Review, 2008, Vol. 35, Issue 1, pg. 15-30, ebsco
Alternative Futures¶ The scenario most worrisome to the Chinese would be the Uyghur Muslim
AND
a fragmenting China. Political instability in China would impact all of Asia.

Asian war goes nuclear—-no defense—-interdependence and institutions don’t check

C. Raja Mohan 13, distinguished fellow at the Observer Research Foundation in New Delhi, March 2013, Emerging Geopolitical Trends and Security in the Association of Southeast Asian Nations, the People’s Republic of China, and India (ACI) Region,and#34; background paper for the Asian Development Bank Institute study on the Role of Key Emerging Economies, http://www.iadb.org/intal/intalcdi/PE/2013/10737.pdf
Three broad types of conventional conflict confront Asia. The first is the prospect of
AND
geographic scope and the normative basis for a future security order in Asia.

Independently, the plan reinvigorates due process in detention

Amos N. Guiora 12, Professor of Law, S.J. Quinney College of Law, University of Utah, and#34;Due Process and Counterterrorismand#34;, Emory International Law Review, Vol. 26, www.law.emory.edu/fileadmin/journals/eilr/26/26.1/Guiora.pdf
While the public safety exception has been recommended as applicable to counterterrorism as justification for
AND
or guilt is essential to effective counterterrorism predicated on the rule of law. 

That spills over to immigration detention policy

Farha Aziz Faisal 12, Harvard graduate with honors in Government, and#34;Due Process Protections in the War on Terrorism: A Comparative Analysis of Security - Based Preventive Detention in the United States and the United Kingdomand#34;, March, http://www.gov.harvard.edu/files/IR20thesis202.pdf
Overall, this thesis provides insight into how the structure of political institutions interacts with
AND
provide meaningful input in creating systems sensitive to and protective of due process. 

Immigrant detainee rights are the key issue for US-Mexico relations

Roberto Lovato 9, a New York-based contributing Associate Editor with New America Media and a frequent contributor to The Nation Magazine. He’s also written for the Los Angeles Times, Salon, Der Spiegel, Utne Magazine, La Opinion, and other national and international media outlets. He has also appeared as a source and commentator on English and Spanish language network news shows on Univision, CNN, PBS and other programs and made a recent appearance on Bill Moyers Journal. Lovato was the former Executive Director of CARECEN, which was the largest immigrant rights organization in the country, 2/26/09, and#34;U.S. Immigration Policies Bring Global Shame on Usand#34;, http://ofamerica.wordpress.com/2009/02/26/us-immigration-policies-bring-global-shame-on-us/
The proliferation of stories in international media and in global forums about the Guantanamo-
AND
a symbol of the rest of the country when it comes to immigration.and#34;

That determines overall Latin American relations

Pamela K. Starr 9, adjunct fellow specializing in Mexico at the Pacific Council on International Policy, and#34;Mexico and the United States: A Window of Opportunity?and#34;, Pacific Council on International Policy, April 2009, http://www.pacificcouncil.org/pdfs/Mexico_and_the_United_States.pdf
Mexican sentiment toward the United States matters. If Mexicans mistrust the United States,
AND
on them as a substitute for direct exchanges with leaders in Mexico City.

That’s necessary for a successful Energy and Climate Partnership of the Americas

Guy Edwards 11, Research fellow @ Brown University’s Center for Environmental Studies, Researcher for and works with the Latin American Platform on Climate and the Climate and Development Knowledge Network, and#34;Climate, energy to dominate US-Latin American relations,and#34; Thomson Reuters Foundation - Mon, 18 Jul 2011 11:14 AM, pg. http://www.trust.org/item/?map=climate-energy-to-dominate-us-latin-american-relations/
With the challenges of climate change, clean energy, resource scarcity and green growth
AND
comparable to past initiatives such as the 1960s-era Alliance for Progress.

ECPA facilitates sustainable development globally

Daniel M. Kammen 12, Professor of Energy at UC Berkeley and Diego Ponce de Leon Barido, Doctoral student in the Energy and Resources Group at UC Berkeley who has done research on Latin American water management and ecosystem services, and#34;Building Bridges to a Sustainable Energy Future,and#34; National Geographic, December 5, http://www.greatenergychallengeblog.com/2012/12/05/building-bridges-to-a-sustainable-energy-future/
The Americas are undergoing a transition in the energy sector that will have global geopolitical
AND
industry, university, and civil-society groups in the New World.

Prevents extinction

Dr. Glen Barry 13, Political ecologist with expert proficiencies in old forest protection, climate change, and environmental sustainability policy, Ph.D. in and#34;Land Resourcesand#34; and Masters of Science in and#34;Conservation Biology and Sustainable Developmentand#34; from the University of Wisconsin-Madison, and#34;ECOLOGY SCIENCE: Terrestrial Ecosystem Loss and Biosphere Collapse,and#34; Forests.org, February 4, 2013, pg. http://forests.org/blog/2013/02/ecology-science-terrestrial-ec.asp
Blunt, Biocentric Discussion on Avoiding Global Ecosystem Collapse and Achieving Global Ecological Sustainability

AND
across scales when enough life is lost beyond thresholds, living systems die.

1AC – Plan

The United States federal government should create a National Security Court with exclusive jurisdiction over the United States’ indefinite detention policy.

1AC – Solvency

CONTENTION 3: SOLVENCY

Congressional creation of a National Security Court is crucial to restore legitimacy and rule of law in detention

David Welsh 11, J.D. from the University of Utah, and#34;Procedural Justice Post-9/11: The Effects of Procedurally Unfair Treatment of Detainees on Perceptions of Global Legitimacyand#34;, http://law.unh.edu/assets/images/uploads/publications/unh-law-review-vol-09-no2-welsh.pdf
In the context of the War on Terror, legitimacy is the critical missing element
AND
with the unique procedural issues created by a growing number of suspected terrorists. 

The court’s procedural justice is vital to solve

David Welsh 11, J.D. from the University of Utah, and#34;Procedural Justice Post-9/11: The Effects of Procedurally Unfair Treatment of Detainees on Perceptions of Global Legitimacyand#34;, http://law.unh.edu/assets/images/uploads/publications/unh-law-review-vol-09-no2-welsh.pdf
Recent research highlights two reasons why procedural justice may be particularly important in the context
AND
make recommendations about how these rules could be implemented in a DTC model.

Tournament: 2013babyjo | Round: 1 | Opponent: KCKCC GG | Judge: Quigley
1AC
1AC – Hegemony Advantage
CONTENTION 1: HEGEMONY
US legitimacy is collapsing due to detention policy-~--plan reverses that
David Welsh 11, J.D. from the University of Utah, “Procedural Justice Post-9/11: The Effects of Procedurally Unfair Treatment of Detainees on Perceptions of Global Legitimacy”, http://law.unh.edu/assets/images/uploads/publications/unh-law-review-vol-09-no2-welsh.pdf
The Global War on Terror 1 has been ideologically framed as a struggle between the
AND
this article offers a psychological perspective of legitimacy in the context of detention.
Court oversight is the way forward in detention policy-~--it’s the only way to restore America’s image abroad
Glenn Sulmasy 9, Associate Professor of Law at the United States Coast Guard Academy and was a National Security and Human Rights Fellow at the Carr Center, Harvard Kennedy School, April 13, “THE NEED FOR A NATIONAL SECURITY COURT SYSTEM”, PDF
THE WAY FORWARD¶ The President, Secretary Gates and Secretary Rice have all declared
AND
dedicated to the administration of justice and to upholding the rule of law.
The plan’s external oversight on detention maintains heg-~--legitimacy is the vital internal link to global stability
Robert Knowles 9, Acting Assistant Professor, New York University School of Law, Spring, “Article: American Hegemony and the Foreign Affairs Constitution”, 41 Ariz. St. L.J. 87, Lexis
The hegemonic model also reduces the need for executive branch flexibility, and the institutional
AND
courts to reduce the and#34;deference gapand#34; between foreign and domestic cases.
Reputational legitimacy theory is true and key to foster cooperation
Douglas M Gibler 8, Department of Political Science University of Alabama, Tuscaloosa “The Costs of Reneging: Reputation and Alliance Formation” The Journal of Conflict Resolution, Vol. 52, No. 3, June, pp. 426-454
More sophisticated treatments of the reputation logic have been produced by formal theorists, both
AND
agree; reputations provide valuable information when the costs of signaling are low.
Legitimacy’s the fundamental internal link to effective hegemony-~--power distributions perceived as illegitimate are the most likely causes of great power war
Martha Finnemore 9, professor of political science and international affairs at George Washington University, January 2009, “Legitimacy, Hypocrisy, and the Social Structure of Unipolarity: Why Being a Unipole Isn’t All It’s Cracked Up to Be,” World Politics, Volume 61, Number 1
Legitimacy is, by its nature, a social and relational phenomenon. One’s position
AND
an expensive system to run and few unipoles have tried to do so.
Hegemony key to solve extinction
Thomas P.M. Barnett 11 Former Senior Strategic Researcher and Professor in the Warfare Analysis and Research Department, Center for Naval Warfare Studies, U.S. Naval War College American military geostrategist and Chief Analyst at Wikistrat., worked as the Assistant for Strategic Futures in the Office of Force Transformation in the Department of Defense, “The New Rules: Leadership Fatigue Puts U.S., and Globalization, at Crossroads,” March 7 http://www.worldpoliticsreview.com/articles/8099/the-new-rules-leadership-fatigue-puts-u-s-and-globalization-at-crossroads
It is worth first examining the larger picture: We live in a time of
AND
the 20th century, setting the stage for the Pacific Century now unfolding.
Two-thousand years of history prove
William Wohlforth 8 Daniel Webster Professor of Government, Dartmouth.  BA in IR, MA in IR and MPhil and PhD in  pol sci, Yale, Unipolarity, Status Competition, and Great Power War, October 2008, World Politics Vol. 61, Iss. 1; pg. 28, 31 pgs, Proquest
Despite increasingly compelling findings concerning the importance of status seeking in human behavior, research
AND
are also consistent with power transition and other rationalist theories of hegemonic war.
War is at its lowest level in history because of US primacy-~--best statistical studies prove
John M. Owen 11, Professor of Politics at University of Virginia PhD from Harvard and#34;DON’T DISCOUNT HEGEMONYand#34; Feb 11 www.cato-unbound.org/2011/02/11/john-owen/dont-discount-hegemony/
Andrew Mack and his colleagues at the Human Security Report Project are to be congratulated
AND
U.S. material and moral support for liberal democracy remains strong.
Heg decreases structural violence-~--any alt dooms humanity to deprivation
Thomas P.M. Barnett 11, Former Senior Strategic Researcher and Professor in the Warfare Analysis and Research Department, Center for Naval Warfare Studies, U.S. Naval War College American military geostrategist and Chief Analyst at Wikistrat, worked as the Assistant for Strategic Futures in the Office of Force Transformation in the Department of Defense, September 12, 2011, “The New Rules: The Rise of the Rest Spells U.S. Strategic Victory,” World Politics Review, online: http://www.worldpoliticsreview.com/articles/9973/the-new-rules-the-rise-of-the-rest-spells-u-s-strategic-victory
First the absurdity: A few of the most over-the-top Bush
AND
whatand#39;s yet to come. ¶ As always, the choice is ours.
The world is getting better now because heg is peaceful
Josh Busby 12, Assistant Professor of Public Affairs and a fellow in the RGK Center for Philanthropy and Community Service as well as a Crook Distinguished Scholar at the Robert S. Strauss Center for International Security and Law, http://duckofminerva.blogspot.com/2012/01/get-real-chicago-ir-guys-out-in-force.html
Is Unipolarity Peaceful? As evidence, Monteiro provides metrics of the number of years
AND
that makes other states insecure, even though they canand#39;t balance against it.
No risk of heg bad-~--US engagement and reintervention are inevitable-~--it’s only a question of making it effective
Robert Kagan 11 is a contributing editor to The Weekly Standard and a senior fellow in foreign policy at the Brookings Institution. and#34;The Price of Powerand#34; Jan 24 Vol 16 No18 www.weeklystandard.com/articles/price-power_533696.html?page=3
In theory, the United States could refrain from intervening abroad. But, in
AND
in the kind of international system that American power has built and defended.
Focus on deterrence and democracy is key to adverting crisis escalation—reject infinite root causes that debilitate action
John Moore 4 chaired law prof, UVA. Frm first Chairman of the Board of the US Institute of Peace and as the Counselor on Int Law to the Dept. of State, Beyond the Democratic Peace,  44 Va. J. Intand#39;l L. 341, Lexis
If major interstate war is predominantly a product of a synergy between a potential nondemocratic
AND
in general, happens when levels of deterrence are dramatically increased or decreased?
Independently, absent renewal of rule of law principles, multilateral cooperation to solve warming and disease is impossible
John G. Ikenberry 11, Albert G. Milbank Professor of Politics and International Affairs at Princeton, Spring, “A World of Our Making”, http://www.democracyjournal.org/20/a-world-of-our-making.php?page=all
Grand Strategy as Liberal Order Building American dominance of the global system will eventually yield
AND
liberal order building, it can begin the process of gaining it back.
Warming causes extinction
Don Flournoy 12, Citing Feng Hsu, PhD NASA Scientist @ the Goddard Space
AND
January 2012, Springer Briefs in Space Development, p. 10-11
In the Online Journal of Space Communication , Dr. Feng Hsu, a  NASA
AND
simply too high for us to take any chances” (Hsu 2010 ).
Diseases end civilization
David Quammen 12, award-winning science writer, long-time columnist for Outside magazine for fifteen years, with work in National Geographic, Harperand#39;s, Rolling Stone, the New York Times Book Review and other periodicals, 9/29, “Could the next big animal-to-human disease wipe us out?,” The Guardian, pg. 29, Lexis
Infectious disease is all around us. Itand#39;s one of the basic processes that ecologists
AND
collapses? One possible factor is infectious disease, and viruses in particular.
1AC – Plan
The Congress of the United States should create a National Security Court structured under Article III of the United States’ Constitution for the purposes of judicial review of United States’ indefinite detention policy.
1AC – Solvency
CONTENTION 2: SOLVENCY
The plan creates effective detention policy-~--Congress authority key
Harvey Rishikof 8, Professor of Law and Former Chair of the Department of National Security Strategy at the National War College and Kevin E Lunday, Captain and judge advocate in the US Coast Guard, and#34;Due Process Is a Strategic Choice: Legitimacy and the Establishment of an Article III National Security Courtand#34;, December 19, www.cwsl.edu/content/journals/Rishikof.pdf
To some, this thicket of cases, executive assertions, and Congressional rebuffs may
AND
may be, or even to modify the Supreme Court’s appellate jurisdiction. 30
US creation of a NSC provides an effective, constitutionally balanced means for detention that enables due process and results in closing GITMO
Harvey Rishikof 8, Professor of Law and Former Chair of the Department of National Security Strategy at the National War College and Kevin E Lunday, Captain and judge advocate in the US Coast Guard, and#34;Due Process Is a Strategic Choice: Legitimacy and the Establishment of an Article III National Security Courtand#34;, December 19, www.cwsl.edu/content/journals/Rishikof.pdf
III. ESTABLISHING AN ARTICLE III NATIONAL SECURITY COURT ¶ The United States should create
AND
adequately addressing the government’s needs to ensure the security of information and personnel.
Article III judges are key-~--restores legitimacy and outweighs benefits from indefinite detention
Harvey Rishikof 8, Professor of Law and Former Chair of the Department of National Security Strategy at the National War College and Kevin E Lunday, Captain and judge advocate in the US Coast Guard, and#34;Due Process Is a Strategic Choice: Legitimacy and the Establishment of an Article III National Security Courtand#34;, December 19, www.cwsl.edu/content/journals/Rishikof.pdf
The purpose of the current preventive detention regime, based primarily on a law of
AND
appropriate forum that ensures government interests in security of the proceedings and information.
Student debate about war powers is critical to overall American 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
AND
study change over time in Congress’ relations to the other branches of government.

Tournament: GSU | Round: 1 | Opponent: UGA LW | Judge: Coulter

NU MV 1AC – GSU

1AC – Accountability Advantage

CONTENTION 1: 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, and#34;Drones and Democracy: Missing Out on Accountability?and#34; 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, and#34;RETRIEVING THE ROLE OF ACCOUNTABILITY IN THE TARGETED KILLINGS CONTEXT: A PROPOSAL FOR JUDICIAL REVIEW,and#34; 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.

In particular, current broad definitions of imminent threat guarantee blowback and collateral damage

Amos N. Guiora 12, Prof of Law at S.J. Quinney College of Law, University of Utah, Fall 2012, and#34;Targeted Killing: When Proportionality Gets All Out of Proportion,and#34; Case Western Reserve Journal of International Law, Vol 45 Issues 1 26 2, http://law.case.edu/journals/JIL/Documents/45CaseWResJIntlL1262.13.Article.Guiora.pdf
Morality in armed conflict is not a mere mantra: it imposes significant demands on
AND
on both sides and to our fundamental values, are just too high.

Scenario 1: Yemen

Unaccountable drone strikes strengthen AQAP and destabilize Yemen

Jacqueline Manning 12, Senior Editor of International Affairs Review, December 9 2012, and#34;Free to Kill: How a Lack of Accountability in America’s Drone Campaign Threatens U.S. Efforts in Yemen,and#34; 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, and#34;The Implications of Unstable on Saudi Arabia,and#34; 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, and#34;Understanding Saudi Stability and Instability: A Very Different Nation,and#34; 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.

That results in global nuclear war

Russell 9 James, Senior Lecturer Department of National Security Affairs, Spring, and#34;Strategic Stability Reconsidered: Prospects for Escalation and Nuclear War in the Middle Eastand#34; Security Studies Center Proliferation Papers, http://www.analyst-network.com/articles/141/StrategicStabilityReconsideredProspectsforEscalationandNuclearWarintheMiddleEast.pdf
Strategic stability in the region is thus undermined by various factors: (1)
AND
the peoples of the region, with substantial risk for the entire world.

Your war defense is old

Michael Singh 11, Washington Institute director, 9/22, and#34;What has really changed in the Middle East?and#34;, http://shadow.foreignpolicy.com/posts/2011/09/22/what_has_really_changed_in_the_middle_east
Third, and most troubling, the Middle East is likely to be a more
AND
nuclear weapon, which would shift any contest for regional primacy into overdrive. 

Scenario 2: 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, and#34;The costs and consequences of drone warfare,and#34; 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 conflict with India

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, and#34;Dealing with the Collapse of a Nuclear-Armed State: The Cases of North Korea and Pakistan,and#34; 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, and#34;Reorienting U.S. Security Strategy in South Asia,and#34; online: http://www.fpif.org/articles/reorienting_us_security_strategy_in_south_asia
The greatest threat to regional security (although curiously not at the top of most
AND
lead to more drought, worldwide food shortages, and widespread political upheaval.

1AC – Norms Advantage

CONTENTION 2: NORMS

Failure to adopt rules for US drones sets a dangerous international precedent——magnifies every impact by causing global instability

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, and#34;When the Whole World Has Drones,and#34; 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 as traditional checks don’t apply

Eric Posner 13, a professor at the University of Chicago Law School, May 15th, 2013, and#34;The Killer Robot War is Coming,and#34; 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, and#34;The costs and consequences of drone warfare,and#34; 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 rogue 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, and#34;Who Watches the Drones?and#34; 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 and#34;The Proliferation of Drone Warfare: The Weakening of Norms and International Precedent,and#34; 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 norms that avoid 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, and#34;The costs and consequences of drone warfare,and#34; 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, and#34;America’s decline: A harbinger of conflict and rivalryand#34;, 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 US-led norms cause Chinese drone aggression in maritime disputes—-that increases tensions

Christopher Bodeen 13, writer for the Huffington Post, May 3rd, 2013, and#34;China’s Drone Program Appears To Be Moving Into Overdrive,and#34; Huffington Post, www.huffingtonpost.com/2013/05/03/china-drone-program_n_3207392.html
BEIJING — Determined to kill or capture a murderous Mekong River drug lord, China’s
AND
camp almost 20 kilometers (12 miles) into Indian-claimed territory.

That causes arms racing in the China Seas —- escalation is likely

Jonathan Kaiman 13, writer for the Guardian located in Beijing, and Justin McCurry, Tokyo correspondent for the Guardian, citing Ron Huisken, Senior Fellow at the Strategic 26 Defence Studies Centre at Australian National University, PhD from ANU, Jan 8 2013, and#34;Japan and China step up drone race as tension builds over disputed islands,and#34; http://www.theguardian.com/world/2013/jan/08/china-japan-drone-race
Drones have taken centre stage in an escalating arms race between China and Japan as
AND
skirmish between Chinese and Japanese drones in coming years was and#34;very highand#34;.

Causes US-China nuclear war

Max Fisher 11, foreign affairs writer and editor for the Atlantic, MA in security studies from Johns Hopkins, Oct 31 2011, and#34;5 Most Likely Ways the U.S. and China Could Spark Accidental Nuclear War,and#34; 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.

1AC – Plan

The United States Federal Government should create a statutory cause of action for damages for those unlawfully injured by targeted killing operations or their heirs.

1AC – Solvency

CONTENTION 3: 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, and#34;Reviewing Drones,and#34; 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, and#34;DRONES AND THE WAR ON TERROR: WHEN CAN THE U.S.TARGET ALLEGED AMERICAN TERRORISTS OVERSEAS?and#34; 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
legal issues would be vitiated. Moreover, any concerns about exposing to liability 

government officers who acted in good faith and within the scope of their employment can
AND
laws of the United States, what does the government have to hide?

Tournament: Kentucky | Round: 6 | Opponent: Fresno State Holley-Tate | Judge: Russell

1AC – Advocacy Statement

The ongoing legal legacy of the Internment Cases should be repudiated and ended.

1AC – Internment Bad

CONTENTION 1: INTERNMENT

The Internment Case precedents 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
AND
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
AND
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
AND
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
AND
will ensure that they, too, will be repeated in the future.

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
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.

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
AND
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 …on the presidency. 

Political 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.

Reforms are the best approach—-the alternative is a mobilization of politics around maintaining identity rather than articulating a future of social justice for society

Bhambra 10—U Warwick—AND—Victoria Margree—School of Humanities, U Brighton (Identity Politics and the Need for a ’Tomorrow’, http://www.academia.edu/471824/Identity_Politics_and_the_Need_for_a_Tomorrow_)
Political mobilisation around suffering engenders solidarities between those who are suffering and those who afford
AND
since it is rather the promise of success for any movement for justice.

Tournament: KY RR | Round: 2 | Opponent: Mary Wash MP | Judge: Hall

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
AND
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
AND
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
AND
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 Law; earned his B.A., Summa Cum Laude, at Amherst College, M.A. in Political Science from Harvard University, and J.D. from Yale Law School, March 13th, 2013, and#34;Repudiating the Japanese Internment Decisions,and#34; www.volokh.com/2013/03/13/repudiating-the-japanese-internment-decisions/
I. The Case for Repudiation.¶ As Irons notes, the overwhelming majority of
AND
elite opinion make racially discriminatory war policies more popular than they are now.

The precedent creates a loaded gun mentality adopted by president after president—-it just takes one reckless one to exploit the decision

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
B. and#34;Tools Belong to the Man Who Can Use Themand#34; 295¶
AND
loaded weapon just waiting for some reckless President to grab and fire. 298

1AC – Solvency

CONTENTION 2: SOLVENCY

The federal judiciary should repudiate the Internment Cases officially—-prevents devastating social and political conflicts

Peter Irons 13, Civil Rights Attorney, and professor emeritus of political science, and#34;UNFINISHED BUSINESS: THE CASE FOR SUPREME COURT REPUDIATION OF THE JAPANESE AMERICAN INTERNMENT CASES,and#34; 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 and#34;expiationand#34; for which he prophetically called.

The Courts have the sole duty and power to correct this mistake—-repudiation would be effective

Peter Irons 13, Civil Rights Attorney, and professor emeritus of political science, and#34;UNFINISHED BUSINESS: THE CASE FOR SUPREME COURT REPUDIATION OF THE JAPANESE AMERICAN INTERNMENT CASES,and#34; 2013, http://lawprofessors.typepad.com/files/case-for-repudiation-1.pdf-http://lawprofessors.typepad.com/files/case-for-repudiation-1.pdf
This essay presents the case for the Supreme Court to follow President Lincoln’s example by
AND
to correct its tainted records through a public repudiation of the wartime decisions.

We must interrogate the Internment decisions to correct the precedents set for abuses of Presidential War powers—-now is key

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
IV. EPILOGUE : WHAT THE KOREMATSU ERA MEANS NOW¶ Iconic war powers precedents
AND
that the 9/11 era has firmly and quietly laid to rest.

The plan is necessary to ensure other race based policies are repudiated

Frank H. Wu 2, Professor of Law, Howard University, September 2002, and#34;Profiling in the Wake of September 11,and#34; Justice Magazine, http://www.americanbar.org/publications/criminal_justice_magazine_home/crimjust_cjmag_17_2_japanese.html
The condemnation of the internment may lead to the condoning of milder measures in the
AND
All the Laws But One: Civil Liberties in Wartime (Knopf 1998).)

Only courts can signal that future internment will be avoided

David A. Harris 11, Professor of Law, University of Pittsburgh School of Law, Winter 2011, and#34;On the Contemporary Meaning of Korematsu: ’Liberty Lies in the Hearts of Men and Women,’and#34; Missouri Law Review, Volume 76, Number 1, law.missouri.edu/lawreview/files/2012/11/Harris.pdf
Despite these criticisms, Americans cannot depend on these cases to tell them what a
AND
has, at the very least, left the door open for it.

Plan

The United States federal judiciary should restrict the use of the Internment Cases as a basis for war authorization of Presidential detention without charge during conflict because of overreliance on military necessity.

1AC – Impact Framing

CONTENTION 3: IMPACT FRAMING

Overreliance on utility principles to justify executive detention power turns the lesser evil into the greater by obliterating restraints on the conduct of war – balancing legal checks and balances with security is necessary to create optimal outcomes for both

Richard Ashby Wilson 5, the Gladstein Distinguished Chair of Human Rights and Director of the Human Rights Institute at the University of Connecticut, Human Rights in the War on Terror, p. 19-21
Michael Ignatieff’s ’lesser evil’ ethics and overreliance on a consequentialist ethics place him much
AND
laws and international rule of law are defensible, and which are not. 

Specificity reduces the probability of their predictions because of the conjunctive fallacy and reduces the ability to cope with the highest magnitude impacts

Eliezer Yudkowsky 6, 8/31. Singularity Institute for Artificial Intelligence Palo Alto, CA. and#34;Cognitive biases potentially affecting judgment of global risks, Forthcoming in Global Catastrophic Risks, eds. Nick Bostrom and Milan Cirkovic, singinst.org/upload/cognitive- biases.pdf
The conjunction fallacy similarly applies to futurological forecasts. Two independent sets of professional analysts
AND
a futurist, disjunctions make for an awkward and unpoetic-sounding prophecy.

Deciding on the basis of the 1 risk calculation erodes priority-setting 26 triggers paralysis when action is needed.

David Meskill 9, professor at Colorado School of Mines and PhD from Harvard, and#34;The and#34;One Percent Doctrineand#34; and Environmental Faith,and#34; Dec 9, http://davidmeskill.blogspot.com/2009/12/one-percent-doctrine-and-environmental.html
Tom Friedman’s piece today in the Times on the environment (http://www.nytimes.com/2009/12/09/opinion/09friedman.html?_r=1) is one of the flimsiest pieces by a major columnist that I can remember ever reading. He applies Cheney’s and#34;one percent doctrineand#34; (which is similar to the environmentalists’ and#34;precautionary principleand#34 to the risk of environmental armageddon. But this doctrine is both intellectually incoherent and practically irrelevant. It is intellectually incoherent because it cannot be applied consistently in a world with many potential disaster scenarios. In addition to the global-warming risk, there’s also the asteroid-hitting-the-earth risk, the terrorists-with-nuclear-weapons risk (Cheney’s original scenario), the super-duper-pandemic risk, etc. Since each of these risks, on the and#34;one percent doctrine,and#34; would deserve all of our attention, we cannot address all of them simultaneously. That is, even within the one-percent mentality, we’d have to begin prioritizing, making choices and trade-offs. But why then should we only make these trade-offs between responses to disaster scenarios? Why not also choose between them and other, much more cotidien, things we value? Why treat the unlikely but cataclysmic event as somehow fundamentally different, something that cannot be integrated into all the other calculations we make? And in fact, this is how we behave all the time. We get into our cars in order to buy a cup of coffee, even though there’s some chance we will be killed on the way to the coffee shop. We are constantly risking death, if slightly, in order to pursue the things we value. Any creature that adopted the and#34;precautionary principleand#34; would sit at home - no, not even there, since there is some chance the building might collapse. That creature would neither be able to act, nor not act, since it would nowhere discover perfect safety. Friedman’s approach reminds me somehow of Pascal’s wager - quasi-religious faith masquerading as rational deliberation (as Hans Albert has pointed out, Pascal’s wager itself doesn’t add up: there may be a God, in fact, but it may turn out that He dislikes, and even damns, people who believe in him because they’ve calculated it’s in their best interest to do so). As my friend James points out, it’s striking how descriptions of the environmental risk always describe the situation as if it were five to midnight. It must be near midnight, since otherwise there would be no need to act. But it can never be five *past* midnight, since then acting would be pointless and we might as well party like it was 2099. Many religious movements - for example the early Jesus movement - have exhibited precisely this combination of traits: the looming apocalypse, with the time (just barely) to take action.

Traditional risk calculus locks in unlimited executive control—-democratic controls are the best check on decision-making that sacrifices the whole world for power

Dr. Mary O’Brien 2k, Ph.D, environmental scientist and activist, 2000, (and#34;Making Better Environmental Decisions,and#34; Pg-xvii-xviii
This book is based on the understanding that it is not acceptable for people to
AND
and a sense of relationship to others to stop social-environmental madness. 

Constitutional constraints on the executive solves priority setting and increases the capacity to respond to large magnitude events without reducing true flexibility

Stephen Holmes 9, Walter E. Meyer Professor of Law, New York University School of Law, and#34;The Brennan Center Jorde Symposium on Constitutional Law: In Case of Emergency: Misunderstanding Tradeoffs in the War on Terrorand#34;, April, California Law Review, 97 Calif. L. Rev. 301, Lexis
Policymakers misunderstand worst-case reasoning when they use it to hide from themselves and
AND
way? And the answer to this second question is obviously and#34;yes.and#34;

Tournament: KY RR | Round: 4 | Opponent: Harvard BS | Judge: DHeidt

1AC – Deterrence

CONTENTION 1: DETERRENCE

Global strike Command is focused on its nuclear mission now

Elaine M. Grossman 9/18, Global Security Newswire, and#34;Air Force Chief Calls New Bomber a ’Must-Have Capability’and#34;, 2013, www.nti.org/gsn/article/air-force-chief-calls-new-bomber-must-have-capability/
Welsh suggested that the Air Force could not afford to compromise on ensuring that it
AND
to pay attention to everything you do, because everything you do matters.and#34;

That crushes bomber readiness and sends a global signal —- trades off with conventional strike deterrence

Elaine M. Grossman 9, and#34;New U.S. Global Strike Command to Juggle Nuclear, Conventional Missionsand#34;, Global Security Newswire, April 2009, http://www.globalsecuritynewswire.org/gsn/nw_20090427_2483.php
U.S. Air Force leaders say nuclear weapons will be the central focus
AND
with more pragmatic conventional strike missions taking a back seat, he said.

The nuclear option in Global Strike undermines our deterrence credibility

Gen. Chilton 8, Former Head of STRATCOM, and#34;FISCAL 2009 BUDGET U.S. STRATEGIC POSTUREand#34;, Committee on House Armed Services Subcommittee on Strategic Forces, CQ Congressional Testimony, Feb 27
While our nuclear capability remains vital, our ability to integrate conventional long-range
AND
the President and may in some cases reduce the credibility of our deterrence.

Nuclear threats against Iran aren’t credible under Obama —- kills deterrence

Robert Joseph 12, a senior scholar at the National Institute for Public Policy, was under secretary
of state for arms control and international security from 2005 to 2007, and Keith Payne, a professor at Missouri State University and the head of its graduate department of defense and strategic studies, was co-chairman of the Pentagon’s Deterrence Concepts Advisory Group from 2001 to 2002 and a deputy assistant secretary of defense from 2002 to 2003, and#34;On Deterring Iranand#34;, June 25, http://www.nipp.org/Publication/Downloads/Downloads202012/Joseph.Payne20National20Review206.12.pdf
Will the United States be able to establish credible strategies for deterring Iran’s leadership?¶
AND
. S. deterrence strategies will be critically¶ important but not foolproof. 

Iran’s emboldened now —- only credible threat of force and Congressional action can prevent conflict

Jennifer Rubin 9/29, Washington Post, Worries about the Rouhani phone calland#34;, 2013, www.washingtonpost.com/blogs/right-turn/wp/2013/09/29/worries-about-the-rouhani-phone-call/
The substance of the call and the president’s remarks afterward were deeply worrisome. Whenever
AND
Iran operating in the protective cocoon of Obama’s diplomacy is as yet uncertain.

Clear and credible commitments are key

Larry J. Arbuckle 8, and#34;The Deterrence of Nuclear Terrorism through an Attribution Capabilityand#34;, Naval Postgraduate School, 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
Additionally, the deterrent threat should be made clearly, and without ambiguity.  This
AND
the North Korean  or Iranian assessment of the dangers of transferring nuclear weapons.

High risk of Iranian adventurism now

EG 13, Eurasia Group, a leading political risk consultancy, and#34;Top Risks: 2013and#34;, 2013, www.eurasiagroup.net/pages/top-risks-2013~238
There is a significant risk; it’s just not the one people are thinking about
AND
, the escalating shadow war will keep tensions high and investors on edge.

That causes war—-credible deterrence’s key to solve

Alon Ben-Meir 7, professor of international relations at the Center for Global Affairs at NYU, 2/6/07, Realpolitik: Ending Iran’s defiance, http://www.upi.com/Security_Industry/2007/02/06/Realpolitik-Ending-Irans-defiance/UPI-69491170778058/
Feeling emboldened and unrestrained, Tehran may, however, miscalculate the consequences of its
AND
lightly by Iran, which dreads major U.S. punitive measures.

The Iranian regime’s deterrable—-empirics prove they’ll act with caution

Paul Pillar 12, Security Studies Professor at Georgetown University and was the national intelligence officer for the Near East and South Asia from 2000-2005, and#34;We Can Live with a Nuclear Iranand#34;, March/April, www.washingtonmonthly.com/magazine/marchapril_2012/features/we_can_live_with_a_nuclear_ira035772.php?page=all
The simple argument is that Iranian leaders supposedly don’t think like the rest of us
AND
the notion that the Iranians’ God always pushes them toward violence and martyrdom.)

Studies confirm —- Iran’s ideology and regime structure ensure consistent security posture

JEFFREY S. LANTIS 9, Associate Professor in the Department of Political Science at The College of Wooster, and#34;Strategic Culture and Tailored Deterrence: Bridging the Gap between Theory and Practiceand#34;, Contemporary Security Policy, Vol.30, No.3 (December 2009), pp.467-485, http://www.contemporarysecuritypolicy.org/assets/CSP-30-3-Lantis.pdf
Recent literature on strategic culture also focuses on authoritarian states, implying that there are
AND
work best for authoritarian states where there is typically a singular historical narrative.

Tailored incentives are key —- targeting leaders and the elite makes deterrence effective

JEFFREY S. LANTIS 9, Associate Professor in the Department of Political Science at The College of Wooster, and#34;Strategic Culture and Tailored Deterrence: Bridging the Gap between Theory and Practiceand#34;, Contemporary Security Policy, Vol.30, No.3 (December 2009), pp.467-485, http://www.contemporarysecuritypolicy.org/assets/CSP-30-3-Lantis.pdf
What are the implications of strong leadership for tailored deterrence? Dominant leaders who link
AND
to augment policies and messages targeted at select individuals in the leadership structure.

Shift to conventional global strike solves —- it’s a much better tailored deterrent for Iran than nuclear weapons

Mr. James L. Schoff 9, associate director of Asia-Pacific Studies at the Institute for Foreign Policy Analysis, Dr. Jacquelyn K. Davis, executive VP of IFPA, Dr. Robert L. Pfaltzgraff Jr., Professor of International Security Studies at Tufts University, Dr. Charles M. Perry, VP and director of studies of IFPA, White Paper, and#34;Updating U.S. Deterrence Concepts and Operational Planningand#34;, February 2009, http://www.ifpa.org/pdf/Updating_US_Deterrence_Concepts.pdf
As the IFPA report on Iran points out, Iran’s efforts to acquire and/
AND
to include coercive strike options, missile defenses, and consequence management capabilities.

Empirics and incentive theory are the only adequate methods to understand war —- any alternative locks in the war system—- infinite number of non-falsifiable ’root causes’

John Norton Moore 4, Dir. Center for Security Law @ University of Virginia, 7-time Presidential appointee, 26 Honorary Editor of the American Journal of International Law, Solving the War Puzzle: Beyond the Democratic Peace, pages 41-2.
If major interstate war is predominantly a product of a synergy between a potential nondemocratic
AND
in general, happens when levels of deterrence are dramatically increased or decreased?

Only deterrence is an empirically verifiable solution to war

John Norton Moore 4, Dir. Center for Security Law @ University of Virginia, 7-time Presidential appointee, 26 Honorary Editor of the American Journal of International Law, Solving the War Puzzle: Beyond the Democratic Peace, page 27-31
As so broadly conceived, there is strong evidence that deterrence, that is,
AND
totality of external factors, that is, deterrence, that become crucial.

1AC – Plan

The United States Federal Government should restrict the President’s war powers authority to use the nuclear mission from the Global Strike Command against the Islamic Republic of Iran.

1AC – Solvency

CONTENTION 2: SOLVENCY

Stronger statutory checks on Presidential war powers increase America’s deterrence capabilities by providing credibility behind threats

Matthew C. Waxman 13, Professor of Law at Columbia Law School; Adjunct Senior Fellow for Law and Foreign Policy, Council on Foreign Relations, and#34;The Constitutional Power to Threaten Warand#34;, Forthcoming in Yale Law Journal, vol. 123 (2014), 8/25/2013, PDF
A second argument, this one advanced by some congressionalists, is that stronger legislative
AND
by pointing foreign actors to the appropriate institution or process for reading them.

Removing the nuclear mission from global strike solves

Hans M. Kristensen 8, Federation of American Scientists, and#34;STRATCOM Cancels Controversial Preemption Strike Planand#34;, July 25, 2008, http://www.rightsidenews.com/200807251534/global-terrorism/stratcom-cancels-controversial-preemption-strike-plan.html
CONPLAN 8022 was the first attempt to operationalize the and#34;Global Strikeand#34; mission assigned
AND
Congress’ Strategic Posture Review Commission and the next administration’s Nuclear Posture Review will.

A pragmatic approach to politics is optimal—-argumentation should start from empirical method using a reasoned process to avoid nihilism

Robert Rowland 95, Professor of Communication at the University of Kansas, and#34;In Defense of Rational Argument: A Pragmatic Justification of Argumentation Theory and Response to the Postmodern Critiqueand#34; Philosophy 26 Rhetoric Vol. 28, No. 4Oct 1, 1995, EBSCO
A pragmatic theory of argument¶ The first step in developing a justifiable theory of
AND
used to protect society from the nihilistic excesses of a purely instrumental reason.

This approach to politics is necessary for effective progress in situations of uncertainty—-avoids instrumentalism through inter-subjective understanding

Friedrich Kratochwil 8, is Assistant Professor of International Relations at Columbia University, Pragmatism in International Relations and#34;Ten points to ponder about pragmatismand#34; p11-25
First, a pragmatic approach does not begin with objects or ’things’ (ontology
AND
’tests’ concerning which ’theory’ allegedly explains best a phenomenon under investigation.

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, and#34;National Security Law Pedagogy and the Role of Simulationsand#34;, 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.

Prefer specificity—simulation about war powers is uniquely empowering

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.

Obama will comply—-no circumvention

David J Barron 8, Professor of Law at Harvard Law School and Martin S. Lederman, Visiting Professor of Law at the Georgetown University Law Center, and#34;The Commander in Chief at the Lowest Ebb — A Constitutional Historyand#34;, Harvard Law Review, February, 121 Harv. L. Rev. 941, Lexis
In addition to offering important guidance concerning the congressional role, our historical review also
AND
the executive branch itself for most of our history of war powers development.

Preventing death is the first priority

Bauman 95 Zygmunt Bauman, University of Leeds Professor Emeritus of Sociology, 1995, Life In Fragments: Essays In Postmodern Morality, p. 66-71
The being for is like living towards the future: a being
AND
acting morally, and sometimes even of being good, in the present.

Must calculate consequences

Gvosdev 5 – Rhodes scholar, PhD from St. Antony’s College, executive editor of The National Interest (Nikolas, The Value(s) of Realism, SAIS Review 25.1, pmuse)
As the name implies, realists focus on promoting policies that are achievable and sustainable
AND
realists had initially proposed—and the one that had also been roundly condemned on moral grounds.

Tournament: Harvard | Round: 7 | Opponent: GTown AM | Judge: Weiner

1AC – Allied Coop

CONTENTION 1: ALLIES

Allies will insist on a policy that limits operations to zones of active hostilities with criminal prosecutions elsewhere—-codification key

Daskal 13 - Fellow and Adjunct Professor, Georgetown Center on National Security and the Law
University of Penn L. Rev., THE GEOGRAPHY OF THE BATTLEFIELD: A FRAMEWORK FOR DETENTION AND TARGETING OUTSIDE THE "HOT" CONFLICT ZONE, April, 2013, 161 U. Pa. L. Rev. 1165, Lexis
The debate has largely devolved into an either-or dichotomy, even while security
AND
likely be mimicked by others and inform the development of customary international law.

Alignment with allies brings detention policy into compliance—-makes criminal justice effective outside zones

Hathaway 13, Gerard C. and Bernice Latrobe Smith Professor of International Law
Yale Law School); Samuel Adelsberg (J.D. candidate at Yale Law School); Spencer Amdur (J.D. candidate at Yale Law School); Freya Pitts (J.D. candidate at Yale Law School); Philip Levitz (J.D. from Yale Law School); and Sirine Shebaya (J.D. from Yale Law School), "The Power To Detain: Detention of Terrorism Suspects After 9/11", The Yale Journal of International Law, Vol. 38, 2013.
There is clear evidence that other countries recognize and respond to the difference in legitimacy
AND
intelligence-gathering, producing more intelligence over the course of prosecution. n262

That solves safe havens and extradition to the US court system

David S. Kris 11 – Former Assistant Attorney General for National Security at the U.S. Department of Justice, Law Enforcement as a Counterterrorism Tool, Assistant Attorney General for National Security at the U.S. Department of Justice, from March 2009 to March 2011, Journal of Security Law 26 Policy, Vol5:1. 2011, http://jnslp.com//wp-content/uploads/2011/06/01_David-Kris.pdf
Finally, the criminal justice system may help us obtain important cooperation from other countries
AND
because they do¶ not face charges pending in the¶ foreign nation.

Plan prevents end of allied intel cooperation and reinvigorates NATO

Tom Parker 12, Former Policy Dir. for Terrorism, Counterterrorism and H. Rts. at Amnesty International, U.S. Tactics Threaten NATO, September 17, http://nationalinterest.org/commentary/us-tactics-threaten-nato-7461
A growing chasm in operational practice is opening up between the United States and its
AND
Something has to give—and it may just be the Atlantic alliance.

NATO prevents global nuclear war

Zbigniew Brzezinski 9, former U.S. National Security Adviser, Sept/Oct 2009, "An Agenda for NATO," Foreign Affairs, 88.5, EBSCO
NATO’s potential is not primarily military. Although NATO is a collective-security alliance
AND
focused aroused Muslim resentments on the United States and the West more generally.

Interoperability within NATO ensures global trade and prevents cyber attacks

Jamie Shea 12, Deputy Assistant Secretary General for Emerging Security Challenges, "Keeping NATO Relevant", April 19, carnegieendowment.org/2012/04/19/keeping-nato-relevant/acl9~23
At the same time, the national security strategies of the NATO allies underline the
AND
prepare and understand the different structures and procedures used by its member nations.

Trade solves nuclear war

Michael J. Panzner 8, faculty at the New York Institute of Finance, 25-year veteran of the global stock, bond, and currency markets who has worked in New York and London for HSBC, Soros Funds, ABN Amro, Dresdner Bank, and JPMorgan Chase, Financial Armageddon: Protect Your Future from Economic Collapse, Revised and Updated Edition, p. 136-138
Continuing calls for curbs on the flow of finance and trade will inspire the United
AND
between Muslims and Western societies as the beginnings of a new world war.

Cyber causes nuclear war

Jason Fritz 9, Former Captain of the U.S. Army, July, Hacking Nuclear Command and Control, www.icnnd.org/Documents/Jason_Fritz_Hacking_NC2.doc
The US uses the two-man rule to achieve a higher level of security
AND
of mass DDoS attacks, real world protests, and accusations between governments. 

1AC – Executive Overreach

CONTENTION 2: OVERREACH

Scenario A: Targeted Strikes

US policy creates a borderless global war—-the lack of statutory limits triggers unnecessary attacks

Daskal 13 - Fellow and Adjunct Professor, Georgetown Center on National Security and the Law
University of Penn L. Rev., THE GEOGRAPHY OF THE BATTLEFIELD: A FRAMEWORK FOR DETENTION AND TARGETING OUTSIDE THE "HOT" CONFLICT ZONE, April, 2013, 161 U. Pa. L. Rev. 1165, Lexis
Recent statements by administration officials suggest that while, as a matter of law,
AND
seems to belie a policy of individualized assessments of "significant threat." n63

Congressional inaction has made this a defining policy doctrine—-expansive executive authority triggers overreach

Maxwell 12 - Colonel and Judge Advocate, U.S. Army, 1^st Quarter 2012, "TARGETED KILLING, THE LAW, AND TERRORISTS: FEELING SAFE?," Joint Force Quarterly, p. 123-130, Mark David Maxwell.
In the wake of the attacks by al Qaeda on September 11, 2001,
AND
Constitution demands nothing less, but thus far, Congress’s silence is deafening. 

That lowers the threshold for use for US policymakers

Rosa Brooks 13, Prof of Law @ Georgetown University Law Center, Bernard L. Schwartz Senior Fellow, New America Foundation, 4/23/13, The Constitutional and Counterterrorism Implications of Targeted Killing, http://www.judiciary.senate.gov/pdf/04-23-13BrooksTestimony.pdf
But the advantages of drones are as overstated and misunderstood as the problems they pose
AND
Somalia (and perhaps to Mali 22 and the Philippines as well). 23

That makes great power war inevitable—-causes escalation as 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.

Scenario B – Detention

The detention of al-Libi locks in the Warsame model of transfer to civilian court

NYT 10/6/13 BENJAMIN WEISER and ERIC SCHMITT, October 6, 2013, U.S. Said to Hold Qaeda Suspect on Navy Ship, http://www.nytimes.com/2013/10/07/world/africa/a-terrorism-suspect-long-known-to-prosecutors.html?_r=0
An accused operative for Al Qaeda seized by United States commandos in Libya over the
AND
Warsame is the model for this guy," one American security official said.

That will trigger a wave of detention litigation against US covert operations

Chesney 13 - Charles I. Francis Professor in Law @ Texas, BEYOND THE BATTLEFIELD, BEYOND AL QAEDA: THE DESTABILIZING LEGAL ARCHITECTURE OF COUNTERTERRORISM, Public Law and Legal Theory Research Paper No. 227, Robert M. Chesney, Also Michigan Law Review, Forthcoming in vol 112, Fall 2013.
Ultimately, the Obama administration settled on a compromise approach in Warsame’s case. On
AND
to require) and those that might usefully be addressed by statutory innovation. 

Legal challenges are primed and can be triggered at any time—-failure to get out in front of the issue crushes US security strategy for CT—-Congress is key

Anderson 9 – Prof. of Law @ American University 26 Research Fellow @ Hoover, Kenneth Anderson, Professor of Law, Washington College of Law, American University, and Research Fellow, The Hoover Institution, Stanford University and Member of its Task Force on National Security and the Law, 5/11/2009, Targeted Killing in U.S. Counterterrorism Strategy and Law,
http://www.brookings.edu/~~/media/research/files/papers/2009/5/1120counterterrorism20anderson/0511_counterterrorism_anderson.pdf
Does this analysis offer any practical policy prescriptions for Congress and the administration? The
AND
when its sovereign prerogatives are challenged by the international soft-law community. 

Risks prosecution of key US personnel

McNeal 13, Associate Professor of Law, Pepperdine University, 3/5/13, "Targeted Killing and Accountability," http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1819583, Gregory McNeal
While no American has been prosecuted for participating in drone strikes, the specter of
AND
courts of other nation states for their involvement in targeted killing operations.440

Even if lawsuits are lost, that crushes special operations

Jack Goldsmith 12, Harvard Law School Professor, focus on national security law, presidential power, cybersecurity, and conflict of laws, Former Assistant Attorney General, Office of Legal Counsel, and Special Counsel to the Department of Defense, Hoover Institution Task Force on National Security and Law, March, Power and Constraint, P. 199-201
For the GTMO Bar and its cousin NGOs and activists, however, the al
AND
deemed to be in the interest of U.S. national security.

Special Forces are key to disarm rogues’ nuclear programs—-the alternative is U.S. counterforce nuclear strikes

Jim Thomas 13, Vice President and Director of Studies at the Center for Strategic and Budgetary Assessments, and Chris Dougherty is a Research Fellow at the Center for Strategic and Budgetary Assessments, 2013, "BEYOND THE RAMPARTS THE FUTURE OF U.S. SPECIAL OPERATIONS FORCES," http://www.csbaonline.org/wp-content/uploads/2013/05/SOF-Report-CSBA-Final.pdf
Finally, if the United States goes to war with a nuclear-armed adversary
AND
a viable unconventional regime-change option when confronting WMD-armed adversaries.

Rogues will locate their WMD in cities—-U.S. nuclear strikes cause mass casualties

Gormley 9 – Dennis Gormley, Senior Fellow in the James Martin Center for Nonproliferation Studies at the Monterey Institute for International Studies, Fall 2009, "The Path to Deep Nuclear Reductions: Dealing with American Conventional Superiority," online: http://www.ifri.org/files/Securite_defense/PP29_Gormley.pdf
Attacking strategic underground targets seems superficially to be the role for which nuclear weapons are
AND
beyond reach, and such weapons would still produce unwanted collateral effects.26

Causes extinction

Stuart Armstrong 12, James Martin Research Fellow, Future of Humanity Institute, University of Oxford, 3/16/12, "Old threats never die, they fade away from our minds: nuclear winter," http://blog.practicalethics.ox.ac.uk/2012/03/old-threats-never-die-they-fade-away-from-our-minds-nuclear-winter/
In 1983, scientists published a paper on nuclear winter. This boosted the death
AND
guarantee that they’d survive setbacks or ever climb back to a technological society.

1AC – Plan

The United States Federal Government should restrict the President’s war making authority by limiting targeted killing and detention without charge within zones of active hostilities to declared territories with notice and by statutory codification of executive branch review policy for those practices; and in addition, by limiting targeted killing and detention without charge outside zones of active hostilities to reviewable operations guided by an individualized threat requirement, a least-harmful-means test, a feasibility test for criminal prosecution, procedural safeguards, and by statutory codification of executive branch review policy for those practices.

1AC – Solvency

CONTENTION 3: SOLVENCY

Failure to codify existing policy into law risks spreading executive targeted killings and indefinite detention—-plan’s key

Daskal 13 - Fellow and Adjunct Professor, Georgetown Center on National Security and the Law
University of Penn L. Rev., THE GEOGRAPHY OF THE BATTLEFIELD: A FRAMEWORK FOR DETENTION AND TARGETING OUTSIDE THE "HOT" CONFLICT ZONE, April, 161 U. Pa. L. Rev. 1165, Lexis
Fifth, and critically, while the United States might be confident that it will
AND
the rules that apply to detention and targeted killings outside the conflict zone.

Failure to codify limits sets precedent for strikes and the erosion of rule of law—-Congress key

Maxwell 12 - Colonel and Judge Advocate, U.S. Army, 1^st Quarter 2012, "TARGETED KILLING, THE LAW, AND TERRORISTS: FEELING SAFE?," Joint Force Quarterly, p. 123-130, Mark David Maxwell.
Once a state demonstrates membership in an organized armed group, the members can be
AND
eschews what gives a state its greatest safety: the rule of law.

The aff solves —- a zone approach is the perfect middle ground that resolves their downsides like circumvention and safe-havens

Jennifer Daskal 13, Fellow and Adjunct Professor, Georgetown Center on National Security and the Law, University of Penn L. Rev., THE GEOGRAPHY OF THE BATTLEFIELD: A FRAMEWORK FOR DETENTION AND TARGETING OUTSIDE THE "HOT" CONFLICT ZONE, April, 161 U. Pa. L. Rev. 1165, Lexis
II. A New Approach: Zones of Active Hostilities and Beyond¶ The current
AND
of ex ante deliberation and review. Pursuant to these guiding principles, this
Section proposes the adoption of an individualized threat requirement, a least-harmful-means test, and meaningful procedural safeguards for lethal targeting and law-of-war detention that take place outside zones of active hostilities.

Tournament: KY RR | Round: 6 | Opponent: Wake MQ | Judge: Repko

1AC – KY RR

1AC – Executive Overreach

CONTENTION 1: OVERREACH

Scenario A: Targeted Strikes

US policy creates a borderless global war—-the lack of statutory limits triggers unnecessary attacks

Daskal 13 - Fellow and Adjunct Professor, Georgetown Center on National Security and the Law
University of Penn L. Rev., THE GEOGRAPHY OF THE BATTLEFIELD: A FRAMEWORK FOR DETENTION AND TARGETING OUTSIDE THE and#34;HOTand#34; CONFLICT ZONE, April, 2013, 161 U. Pa. L. Rev. 1165, Lexis
Recent statements by administration officials suggest that while, as a matter of law,
AND
seems to belie a policy of individualized assessments of and#34;significant threat.and#34; n63

Congressional inaction has made this a defining policy doctrine—-expansive executive authority triggers overreach

Maxwell 12 - Colonel and Judge Advocate, U.S. Army, 1^st Quarter 2012, and#34;TARGETED KILLING, THE LAW, AND TERRORISTS: FEELING SAFE?,and#34; Joint Force Quarterly, p. 123-130, Mark David Maxwell.
In the wake of the attacks by al Qaeda on September 11, 2001,
AND
Constitution demands nothing less, but thus far, Congress’s silence is deafening. 

That lowers the threshold for use for US policymakers

Rosa Brooks 13, Prof of Law @ Georgetown University Law Center, Bernard L. Schwartz Senior Fellow, New America Foundation, 4/23/13, The Constitutional and Counterterrorism Implications of Targeted Killing, http://www.judiciary.senate.gov/pdf/04-23-13BrooksTestimony.pdf
But the advantages of drones are as overstated and misunderstood as the problems they pose
AND
Somalia (and perhaps to Mali 22 and the Philippines as well). 23

That makes great power war inevitable—-causes escalation as traditional checks don’t apply

Eric Posner 13, a professor at the University of Chicago Law School, May 15th, 2013, and#34;The Killer Robot War is Coming,and#34; 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, and#34;The costs and consequences of drone warfare,and#34; 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.

Scenario B – Detention

Lack of limits on the executive detention make overreach inevitable—- radicalizes foreign populations—-codification is critical to set the precedent

Matthew C Waxman 9, Professor of Law; Faculty Chair, Roger Hertog Program on Law and National Security, Legislating the War on Terror: An Agenda for Reformand#34;, November 3, Book, p. 59-61
Besides posing risks to liberty, administrative detention can also be counterproductive from the security
AND
perversely deter individuals with important information from coming forward voluntarily to the government.

Current detention wrecks US rule of law legitimization

David Welsh 11, J.D. from the University of Utah, and#34;Procedural Justice Post-9/11: The Effects of Procedurally Unfair Treatment of Detainees on Perceptions of Global Legitimacyand#34;, http://law.unh.edu/assets/images/uploads/publications/unh-law-review-vol-09-no2-welsh.pdf
The Global War on Terror 1 has been ideologically framed as a struggle between the
AND
this article offers a psychological perspective of legitimacy in the context of detention. 

Plan’s key to legitimize the rule of law—-uncertainty risks global instability

Robert Knowles 9, Acting Assistant Professor, New York University School of Law, Spring, and#34;Article: American Hegemony and the Foreign Affairs Constitutionand#34;, 41 Ariz. St. L.J. 87, Lexis
The hegemonic model also reduces the need for executive branch flexibility, and the institutional
AND
the U.S. breaks its own rules, it loses legitimacy. 

Democratic liberalism is backsliding now—-the US model of an unrestrained executive causes collapse

Larry Diamond 9, Professor of Political Science and Sociology @ Stanford, and#34;The Impact of the Global Financial Crisis on Democracyand#34;, Presented to the SAIS-CGD Conference on New Ideas in Development after the Financial Crisis, Conference Paper that can be found on his Vita
Concern about the future of democracy is further warranted by the gathering signs of a
AND
and for the effective restoration of democracy in countries like Thailand and Nepal.

US detention policy is key—-it has justified democratic backsliding globally

CJA 4 The Center for Justice and Accountability, Amici Curiae in support of petitioners in Al Odah et al. v USA, and#34;Brief of the Center for Justice and Accountability, the International League for Human Rights, and Individual Advocates for the Independence of the Judiciary in Emerging Democracies,and#34; 3-10, Lexis
While much of the world is moving to adopt the institutions necessary to secure individual rights, many still regularly abuse these rights. One of the hallmarks of tyranny is the lack of a strong and independent judiciary. Not surprisingly, where countries make the sad transition to tyranny, one of the first victims is the judiciary. Many of the rulers that go down that road justify their actions on the basis of national security and the fight against terrorism, and, disturbingly, many claim to be modeling their actions on the United States. Again, a few examples illustrate this trend. In Peru, one of former President Alberto Fujimori’s first acts in seizing control was to assume direct executive control of the judiciary, claiming that it was justified by the threat of domestic terrorism. He then imprisoned thousands, refusing the right of the judiciary to intervene. International Commission of Jurists, Attacks on Justice 2000-Peru, August 13, 2001, available at ttp://www.icj.org/news.php3?id_article=258726lang=en (last visited Jan. 8, 2004). In Zimbabwe, President Mugabe’s rise to dictatorship has been punctuated by threats of violence to and the co-opting of the judiciary. He now enjoys virtually total control over Zimbabweans’ individual rights and the entire political system. R.W. Johnson, Mugabe’s Agents in Plot to Kill Opposition Chief, Sunday Times (London), June 10, 2001; International Commission of Jurists, Attacks on Justice 2002— Zimbabwe, August 27, 2002, available at http://www.icj.org/news.php3?id_article=2695?=en (last visited Jan. 8, 2004). While Peru and Zimbabwe represent an extreme, the independence of the judiciary is under assault in less brazen ways in a variety of countries today. A highly troubling aspect of this trend is the fact that in many of these instances those perpetuating the assaults on the judiciary have pointed to the United States’ model to justify their actions. Indeed, many have specifically referenced the United States’ actions in detaining persons in Guantánamo Bay. For example, Rais Yatim, Malaysia’s and#34;de facto law ministerand#34; explicitly relied on the detentions at Guantánamo to justify Malaysia’s detention of more than 70 suspected Islamic militants for over two years. Rais stated that Malyasia’s detentions were and#34;just like the process in Guantánamo,and#34; adding, and#34;I put the equation with Guantánamo just to make it graphic to you that this is not simply a Malaysian style of doing things.and#34; Sean Yoong, and#34;Malaysia Slams Criticism of Security Law Allowing Detention Without Trial,and#34; Associated Press, September 9, 2003 (available from Westlaw at 9/9/03 APWIRES 09 :34:00). Similarly, when responding to a United States Government human rights report that listed rights violations in Namibia, Namibia’s Information Permanent Secretary Mocks Shivute cited the Guantánamo Bay detentions, claiming that and#34;the US government was the worst human rights violator in the world.and#34; BBC Monitoring, March 8, 2002, available at 2002 WL 15938703. Nor is this disturbing trend limited to these specific examples. At a recent conference held at the Carter Center in Atlanta, President Carter, specifically citing the Guantánamo Bay detentions, noted that the erosion of civil liberties in the United States has and#34;given a blank check to nations who are inclined to violate human rights already.and#34; Doug Gross, and#34;Carter: U.S. human rights missteps embolden foreign dictators,and#34; Associated Press Newswires, November 12, 2003 (available from Westlaw at 11/12/03 APWIRES 00:30:26). At the same conference, Professor Saad Ibrahim of the American University in Cairo (who was jailed for seven years after exposing fraud in the Egyptian election process) said, and#34;Every dictator in the world is using what the United States has done under the Patriot Act . . . to justify their past violations of human rights and to declare a license to continue to violate human rights.and#34; Id. Likewise, Shehu Sani, president of the Kaduna, Nigeriabased Civil Rights Congress, wrote in the International Herald Tribune on September 15, 2003 that and#34;~t~he insistence by the Bush administration on keeping Taliban and Al Quaeda captives in indefinite detention in Guantánamo Bay, Cuba, instead of in jails in the United States — and the White House’s preference for military tribunals over regular courts — helps create a free license for tyranny in Africa. It helps justify Egypt’s move to detain human rights campaigners as threats to national security and does the same for similar measures by the governments of Ivory Coast, Cameroon and Burkina Faso.and#34; Available at http://www.iht.com/ihtsearch.php?id=10992726owner=(IHT)26dat e=20030121123259. In our uni-polar world, the United States obviously sets an important example on these issues. As reflected in the foundational documents of the United Nations and many other such agreements, the international community has consistently affirmed the value of an independent judiciary to the defense of universally recognized human rights. In the crucible of actual practice within nations, many have looked to the United States model when developing independent judiciaries with the ability to check executive power in the defense of individual rights. Yet others have justified abuses by reference to the conduct of the United States. Far more influential than the words of Montesquieu and Madison are the actions of the United States. This case starkly presents the question of which model this Court will set for the world. 

Democratic backsliding causes great power war

Azar Gat 11, the Ezer Weizman Professor of National Security at Tel Aviv University, 2011, and#34;The Changing Character of War,and#34; in The Changing Character of War, ed. Hew Strachan and Sibylle Scheipers, p. 30-32
Since 1945, the decline of major great power war has deepened further. Nuclear
AND
, they may vary less than seemed likely only a short while ago.

1AC – Allied Coop

CONTENTION 2: Allied Coop

European allies will insist on a policy that limits operations to declared zones of conflict with criminal prosecutions elsewhere—-failure to codify US policy and build enduring norms risks executive overreach

Daskal 13 - Fellow and Adjunct Professor, Georgetown Center on National Security and the Law
University of Penn L. Rev., THE GEOGRAPHY OF THE BATTLEFIELD: A FRAMEWORK FOR DETENTION AND TARGETING OUTSIDE THE and#34;HOTand#34; CONFLICT ZONE, April, 2013, 161 U. Pa. L. Rev. 1165, Lexis
The debate has largely devolved into an either-or dichotomy, even while security
AND
likely be mimicked by others and inform the development of customary international law.

Alignment with allies brings detention policy into compliance with laws—- makes criminal prosecutions effective outside zones of conflict

Hathaway 13, Gerard C. and Bernice Latrobe Smith Professor of International Law
Yale Law School); Samuel Adelsberg (J.D. candidate at Yale Law School); Spencer Amdur (J.D. candidate at Yale Law School); Freya Pitts (J.D. candidate at Yale Law School); Philip Levitz (J.D. from Yale Law School); and Sirine Shebaya (J.D. from Yale Law School), and#34;The Power To Detain: Detention of Terrorism Suspects After 9/11and#34;, The Yale Journal of International Law, Vol. 38, 2013.
There is clear evidence that other countries recognize and respond to the difference in legitimacy
AND
intelligence-gathering, producing more intelligence over the course of prosecution. n262

That solves safe havens and extradition to the US court system

David S. Kris 11 – Former Assistant Attorney General for National Security at the U.S. Department of Justice, Law Enforcement as a Counterterrorism Tool, Assistant Attorney General for National Security at the U.S. Department of Justice, from March 2009 to March 2011, Journal of Security Law 26 Policy, Vol5:1. 2011, http://jnslp.com//wp-content/uploads/2011/06/01_David-Kris.pdf
Finally, the criminal justice system may help us obtain important cooperation from other countries
AND
because they do¶ not face charges pending in the¶ foreign nation.

Obama overreach triggers end of allied intel cooperation and dooms NATO

Tom Parker 12, Former Policy Dir. for Terrorism, Counterterrorism and H. Rts. at Amnesty International, U.S. Tactics Threaten NATO, September 17, http://nationalinterest.org/commentary/us-tactics-threaten-nato-7461
A growing chasm in operational practice is opening up between the United States and its
AND
Something has to give—and it may just be the Atlantic alliance.

An effective NATO is necessary to link a hub of global security regimes that stabilize North Korea

Frederick Kempe 12, President and CEO of the Atlantic Council, and#34;How NATO can revitalize its roleand#34;, May 16, blogs.reuters.com/thinking-global/2012/05/16/how-nato-can-revitalize-its-role/
However, beneath the third agenda item – partnerships – lies a potential revolution in
AND
responding to the twenty-first century’s novel and increasingly urgent security agenda.and#34;

Korean war goes nuclear—-risk of miscalc is high and this time is different

Steven Metz 13, Chairman of the Regional Strategy and Planning Department and Research Professor of National Security Affairs at the Strategic Studies Institute, 3/13/13, and#34;Strategic Horizons: Thinking the Unthinkable on a Second Korean War,and#34; http://www.worldpoliticsreview.com/articles/12786/strategic-horizons-thinking-the-unthinkable-on-a-second-korean-war
Today, North Korea is the most dangerous country on earth and the greatest threat
AND
two continued mutual trade and investment. Stranger things have happened in statecraft.

Effective intel sharing is key to NATO effectiveness —- solves prolif

Martin J. Ara 11, Lieutenant, United States Navy M.S., London School of Economics, AND Thomas Brand Lieutenant, Colonel, German Army B.S., University of the German Federal Armed Forces Munich, , AND Brage Andreas Larssen, Major, Norwegian Army B.S., Norwegian Military Academy, Oslo, December 2011, and#34;HELP A BROTHER OUT: A CASE STUDY IN MULTINATIONAL INTELLIGENCE SHARING, NATO SOF,and#34; http://www.dtic.mil/dtic/tr/fulltext/u2/a556078.pdf
*Note: SOF = Special Operation Forces
NATO’s essential purpose is to safeguard the freedom and security of all its members via
AND
is attempting to streamline and optimize the intelligence available to NATO SOF units. 

Proliferation causes crisis escalation—-leads to accidental nuclear war

Kroenig 12 – Matthew Kroenig is an Assistant Professor of Government at Georgetown University and a Stanton Nuclear Security Fellow on the Council on Foreign Relations, May 26^th, 2012, and#34;The History of Proliferation Optimism: Does It Have A Future?and#34; http://www.npolicy.org/article.php?aid=118226tid=30
What’s Wrong with Proliferation Optimism?
The proliferation optimist position, while having a distinguished pedigree, has several major flaws
AND
war in an attempt to force less-resolved opponents to back down.

1AC – Solvency

CONTENTION 3: SOLVENCY

Failure to codify existing policy into law risks spreading executive targeted killings and indefinite detention—-plan’s key

Daskal 13 - Fellow and Adjunct Professor, Georgetown Center on National Security and the Law
University of Penn L. Rev., THE GEOGRAPHY OF THE BATTLEFIELD: A FRAMEWORK FOR DETENTION AND TARGETING OUTSIDE THE and#34;HOTand#34; CONFLICT ZONE, April, 161 U. Pa. L. Rev. 1165, Lexis
Fifth, and critically, while the United States might be confident that it will
AND
the rules that apply to detention and targeted killings outside the conflict zone.

Drone prolif is inevitable but US action creates credibility necessary to build strong norms against reckless use—-preserves basing access and precedent

Micah Zenko 13, Douglas Dillon fellow in the Center for Preventive Action @ C.F.R., Council Special Report No. 65, January, 2013, Reforming U.S. Drone Strike Policies, Douglas Dillon fellow in the Center for Preventive Action at the Council on Foreign Relations (CFR). Previously, he worked for five years at the Harvard Kennedy School, i.cfr.org/content/publications/attachments/Drones_CSR65.pdf
The second major risk is that of proliferation. Over the next decade, the
AND
nations to use these technologies responsibly, we must use them responsibly.and#34;4

A flexible zone of conflict regime enhances legitimacy, solves criminal justice prosecution outside zones and preserves the use of emergency measures as a last resort against imminent threats

Daskal 13 - Fellow and Adjunct Professor, Georgetown Center on National Security and the Law
University of Penn L. Rev., THE GEOGRAPHY OF THE BATTLEFIELD: A FRAMEWORK FOR DETENTION AND TARGETING OUTSIDE THE and#34;HOTand#34; CONFLICT ZONE, April, 2013, 161 U. Pa. L. Rev. 1165, Lexis
As these cases recognize, the existence of warlike conditions in one part of the
AND
, and foreign policy gains make acceptance of this framework a worthy endeavor.

Declaration of the territorial limits of detention and targeted strikes triggers US restraint and solves safe havens

Daskal 13 - Fellow and Adjunct Professor, Georgetown Center on National Security and the Law
University of Penn L. Rev., THE GEOGRAPHY OF THE BATTLEFIELD: A FRAMEWORK FOR DETENTION AND TARGETING OUTSIDE THE and#34;HOTand#34; CONFLICT ZONE, April, 2013, 161 U. Pa. L. Rev. 1165, Lexis
This Article suggests a more nuanced, albeit still imperfect, approach: If the
AND
-of-war detention that take place outside zones of active hostilities.

Failure to codify limits sets precedent for strikes and the erosion of rule of law —-Congress key

Maxwell 12 - Colonel and Judge Advocate, U.S. Army, 1^st Quarter 2012, and#34;TARGETED KILLING, THE LAW, AND TERRORISTS: FEELING SAFE?,and#34; Joint Force Quarterly, p. 123-130, Mark David Maxwell.
Once a state demonstrates membership in an organized armed group, the members can be
AND
eschews what gives a state its greatest safety: the rule of law.

Declaring territorial limits to conflict zones solves executive overreach 26 safe havens

Blank 10 - Director, International Humanitarian Law Clinic, Emory University School of Law
GEORGIA JOURNAL OF INTERNATIONAL AND COMPARATIVE LAW, VOLUME 39 2010 NUMBER 1, DEFINING THE BATTLEFIELD IN CONTEMPORARY CONFLICT AND COUNTERTERRORISM: UNDERSTANDING THE PARAMETERS OF THE ZONE OF COMBAT, Laurie R. Blank, http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1677965
Notwithstanding the complicated nature of the conflict between the U.S. and al
AND
ongoing debate about whether a state can conduct operations within such a framework.

Implementation of existing system of executive policy solves legitimacy—-no DA’s since its US policy now

Daskal 13 - Fellow and Adjunct Professor, Georgetown Center on National Security and the Law
University of Penn L. Rev., THE GEOGRAPHY OF THE BATTLEFIELD: A FRAMEWORK FOR DETENTION AND TARGETING OUTSIDE THE and#34;HOTand#34; CONFLICT ZONE, April, 2013, 161 U. Pa. L. Rev. 1165, Lexis
One might be skeptical that a nation like the United States would ever accept such
AND
detention without charge and targeted killing can yield legitimacy and security benefits. n218

Plan

The United States Federal Government should restrict the President’s war making authority by limiting targeted killing operations and indefinite detention within zones of conflict to publically declared territories and through the statutory codification of current executive branch review policy for those practices; and in addition, by limiting targeted killing operations and indefinite detention outside zones of conflict to those reviewable operational practices that meet an individualized threat requirement, a least-harmful-means test, which contain procedural safeguards, on those occasions where prosecution through the criminal justice system is infeasible, and by statutory codification of executive branch review policy for those practices.

Tournament: Kentucky | Round: 8 | Opponent: Harvard Bolman-Suo | Judge: Turner

BoSu 1AC —- Clay

Plan

The United States Federal Government should restrict the President’s war making authority by limiting targeted killing and detention without charge within conflict zones to declared territories and by statutory codification of executive branch review policy for those practices; and in addition, by limiting targeted killing and detention without charge outside conflict zones to reviewable operations guided by an individualized threat requirement, a least-harmful-means test, a feasibility test for criminal prosecution, procedural safeguards, and by statutory codification of executive branch review policy for those practices.

1AC – Terrorism

CONTENTION 1: ALLIED COOPERATION

European allies will insist on a policy that limits operations to declared zones of conflict with criminal prosecutions elsewhere—-failure to codify US policy risks executive overreach

Daskal 13 - Fellow and Adjunct Professor, Georgetown Center on National Security and the Law, University of Penn L. Rev., THE GEOGRAPHY OF THE BATTLEFIELD: A FRAMEWORK FOR DETENTION AND TARGETING OUTSIDE THE "HOT" CONFLICT ZONE, April, 2013, 161 U. Pa. L. Rev. 1165, Lexis
The debate has largely devolved into an either-or dichotomy, even while security
AND
likely be mimicked by others and inform the development of customary international law.

Alignment with allies brings detention policy into compliance with laws—- makes criminal prosecutions effective outside zones of conflict

Hathaway 13, Gerard C. and Bernice Latrobe Smith Professor of International Law
Yale Law School); Samuel Adelsberg (J.D. candidate at Yale Law School); Spencer Amdur (J.D. candidate at Yale Law School); Freya Pitts (J.D. candidate at Yale Law School); Philip Levitz (J.D. from Yale Law School); and Sirine Shebaya (J.D. from Yale Law School), "The Power To Detain: Detention of Terrorism Suspects After 9/11", The Yale Journal of International Law, Vol. 38, 2013.
There is clear evidence that other countries recognize and respond to the difference in legitimacy
AND
intelligence-gathering, producing more intelligence over the course of prosecution. n262

That solves safe havens and extradition to the US court system

David S. Kris 11 – Former Assistant Attorney General for National Security at the U.S. Department of Justice, Law Enforcement as a Counterterrorism Tool, Assistant Attorney General for National Security at the U.S. Department of Justice, from March 2009 to March 2011, Journal of Security Law 26 Policy, Vol5:1. 2011, http://jnslp.com//wp-content/uploads/2011/06/01_David-Kris.pdf
Finally, the criminal justice system may help us obtain important cooperation from other countries
AND
because they do¶ not face charges pending in the¶ foreign nation.

Allied cooperation’s key to effective counter-terrorism

Micah Zenko 13, Douglas Dillon fellow with the Center for Preventive Action at the Council on Foreign Relations, Newsday, January 30, "Zenko: Why we can’t just drone Algeria", http://www.newsday.com/opinion/oped/zenko-why-we-can-t-just-drone-algeria-1.4536641
CNN should not have been surprised. Neither the Bush nor Obama administrations received blanket
AND
the government has conducted an intermittent counterinsurgency against the Ogaden National Liberation Front.

That disrupts leadership and makes carrying out attacks impossible

Kenneth Anderson 13, Professor of International Law at American University, June 2013, "The Case for Drones," Commentary, Vol. 135, No. 6
Targeted killing of high-value terrorist targets, by contrast, is the end result of a long, independent intelligence process. What the drone adds to that intelligence might be considerable, through its surveillance capabilities — but much of the drone’s contribution will be tactical, providing intelligence that assists in the planning and execution of the strike itself, in order to pick the moment when there might be the fewest civilian casualties.
Nonetheless, in conjunction with high-quality intelligence, drone warfare offers an unparalleled means to strike directly at terrorist organizations without needing a conventional or counterinsurgency approach to reach terrorist groups in their safe havens. It offers an offensive capability, rather than simply defensive measures, such as homeland security alone. Drone warfare offers a raiding strategy directly against the terrorists and their leadership.
If one believes, as many of the critics of drone warfare do, that
AND
common enemies are examples of the methods that are just of military nature.
Drone warfare today is integrated with a much larger strategic counterterrorism target — one in
AND
acknowledged in communications, have a significant impact on planning and organizational effectiveness.

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.

Nuclear terrorism is feasible—-high risk of theft and attacks escalate

Vladimir Z. Dvorkin 12 Major General (retired), doctor of technical sciences, professor, and senior fellow at the Center for International Security of the Institute of World Economy and International Relations of the Russian Academy of Sciences.  The Center participates in the working group of the U.S.-Russia Initiative to Prevent Nuclear Terrorism, 9/21/12, "What Can Destroy Strategic Stability: Nuclear Terrorism is a Real Threat," belfercenter.ksg.harvard.edu/publication/22333/what_can_destroy_strategic_stability.html
Hundreds of scientific papers and reports have been published on nuclear terrorism. International conferences
AND
a common understanding of these threats and develop a strategy to combat them.

Extinction—-equivalent to full-scale nuclear war

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.

Nuclear terrorism causes extinction —- high probability

Hellman 8 ~Martin E. Hellman, Professor @ Stanford, "Risk Analysis of Nuclear Deterrence" SPRING 2008 THE BENT OF TAU BETA PI, http://www.nuclearrisk.org/paper.pdf~~
The threat of nuclear terrorism looms much larger in the public’s mind than the threat
AND
assume that  preventing World War III is a necessity—not an option. 

Critical terror studies are garbage

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
AND
them. Do these claims, one might wonder, have any substance?
Significantly, the original proposal circulated by the publisher Routledge and one of the editors
AND
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
AND
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
AND
"silenced from public and … academic discourse" (p. 1).
The complicity of terrorism studies with the increasingly authoritarian demands of Western, liberal state
AND
journalists to be "the terrorist’s best friend" (p. 7).
Stohl further compounds this incoherence, claiming that "the media are far more likely
AND
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
AND
and correspond to a stable picture of reality" (p. 42).
Elsewhere, Adrian Guelke, in "Great Whites, Paedophiles and Terrorists: The
AND
more serious problem than non-state terrorism" (p. 76).
Yet, one searches in vain in these articles for evidence to support the ubiquitous
AND
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
AND
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
AND
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
AND
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
AND
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
AND
to map out, study or resolve it" (p. 38).
Interestingly, Burke, Booth, and the symposistahood deny that there might be objective
AND
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
AND
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
AND
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
AND
concluding injunction to "stand outside" prevailing ideologies (p. 78).
In his preferred imperative idiom, Booth further contends that terrorism is best studied in
AND
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
AND
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
AND
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
AND
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
AND
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
AND
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
AND
the "manipulation of the politics of fear" (p. 75).
Moreover, the resolution of this condition of escalating violence requires not any strategic solution
AND
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
AND
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
AND
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
AND
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
AND
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
AND
state, in any context, without any necessary moral value being involved.
Ironically, then, strategic theory offers a far more "critical perspective on terrorism
AND
, terrorism does not, ipso facto, denote "absolutely illegitimate violence."
Intriguingly, Stohl, Booth, and Burke also imply that a strategic understanding forms
AND
as Horgan and Boyle point out, have more conventional studies of terrorism.
Yet, Burke offers—as a critical revelation—that "the strategic intent
AND
can be eliminated is illogical: you can never eliminate an abstract noun.
Consequently, those interested in a truly "critical" approach to the subject should
AND
. 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
AND
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
AND
pages of the journal of Critical Studies on Terrorism are its natural home.

1AC – Solvency

CONTENTION 2: SOLVENCY

Failure to codify existing policy into law risks spreading executive targeted killings and indefinite detention—-plan’s key

Daskal 13 - Fellow and Adjunct Professor, Georgetown Center on National Security and the Law
University of Penn L. Rev., THE GEOGRAPHY OF THE BATTLEFIELD: A FRAMEWORK FOR DETENTION AND TARGETING OUTSIDE THE "HOT" CONFLICT ZONE, April, 161 U. Pa. L. Rev. 1165, Lexis
Fifth, and critically, while the United States might be confident that it will
AND
the rules that apply to detention and targeted killings outside the conflict zone.

Declaration of the territorial limits of detention and targeted strikes triggers US restraint and solves safe havens

Daskal 13 - Fellow and Adjunct Professor, Georgetown Center on National Security and the Law
University of Penn L. Rev., THE GEOGRAPHY OF THE BATTLEFIELD: A FRAMEWORK FOR DETENTION AND TARGETING OUTSIDE THE "HOT" CONFLICT ZONE, April, 2013, 161 U. Pa. L. Rev. 1165, Lexis
This Article suggests a more nuanced, albeit still imperfect, approach: If the
AND
-of-war detention that take place outside zones of active hostilities.

Failure to codify limits sets precedent for strikes and the erosion of rule of law —-Congress key

Maxwell 12 - Colonel and Judge Advocate, U.S. Army, 1^st Quarter 2012, "TARGETED KILLING, THE LAW, AND TERRORISTS: FEELING SAFE?," Joint Force Quarterly, p. 123-130, Mark David Maxwell.
Once a state demonstrates membership in an organized armed group, the members can be
AND
eschews what gives a state its greatest safety: the rule of law.

Declaring territorial limits to conflict zones solves executive overreach and safe havens

Laurie Blank 10, Director, International Humanitarian Law Clinic, Emory University School of Law, GEORGIA JOURNAL OF INTERNATIONAL AND COMPARATIVE LAW, VOLUME 39 2010 NUMBER 1, "DEFINING THE BATTLEFIELD IN CONTEMPORARY CONFLICT AND COUNTERTERRORISM: UNDERSTANDING THE PARAMETERS OF THE ZONE OF COMBAT", http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1677965
Notwithstanding the complicated nature of the conflict between the U.S. and al
AND
ongoing debate about whether a state can conduct operations within such a framework.

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.

Prefer specificity—simulation about war powers is uniquely empowering

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.

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. 

Evaluate the specific scenarios our evidence outlines—-their critiques are too reductive

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
One of the tensions within CTS concerns the issue of ’policy relevance’. At
AND
the ear of the prince, but it is just a different prince.
Gunning (2007a) also argues that research should be assessed on its own merits
AND
illegal activity is in our view unwarranted, to say the very least.

Tournament: KY RR | Round: 9 | Opponent: MSU RT | Judge: Andrea Reed
The United States Federal Government should restrict the Presidentand#39;s war making authority by limiting targeted killing and detention without charge within conflict zones to declared territories and by statutory codification of executive branch review policy for those practices; and in addition, by limiting targeted killing and detention without charge outside conflict zones to reviewable operations guided by an individualized threat requirement, a least-harmful-means test, a feasibility test for criminal prosecution, procedural safeguards, and by statutory codification of executive branch review policy for those practices.

Tournament: Kentucky | Round: 2 | Opponent: North Texas Anderson-Kersch | Judge: Kennedy

CONTENTION 1: OVERREACH

Congressional inaction has made Executive overreach a defining policy doctrine—-expansive executive authority triggers overreach

Maxwell 12 - Colonel and Judge Advocate, U.S. Army, 1^st Quarter 2012, and#34;TARGETED KILLING, THE LAW, AND TERRORISTS: FEELING SAFE?,and#34; Joint Force Quarterly, p. 123-130, Mark David Maxwell.
In the wake of the attacks by al Qaeda on September 11, 2001,
AND
Constitution demands nothing less, but thus far, Congress’s silence is deafening. 

That lowers the threshold for use for US policymakers

Rosa Brooks 13, Prof of Law @ Georgetown University Law Center, Bernard L. Schwartz Senior Fellow, New America Foundation, 4/23/13, The Constitutional and Counterterrorism Implications of Targeted Killing, http://www.judiciary.senate.gov/pdf/04-23-13BrooksTestimony.pdf
But the advantages of drones are as overstated and misunderstood as the problems they pose
AND
Somalia (and perhaps to Mali 22 and the Philippines as well). 23

Failure to adopt rules for US drones sets a dangerous international precedent——magnifies every impact by causing global instability

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, and#34;When the Whole World Has Drones,and#34; 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 as traditional checks don’t apply

Eric Posner 13, a professor at the University of Chicago Law School, May 15th, 2013, and#34;The Killer Robot War is Coming,and#34; 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 escalate —- 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, and#34;The costs and consequences of drone warfare,and#34; 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.

Best scholarship supports our theory of drone use—-unless norms are established early, they’ll be ineffective

Robert Farley 11, assistant professor at the Patterson School of Diplomacy and International Commerce at the University of Kentucky, Over the Horizon: U.S. Drone Use Sets Global Precedent, October 12, http://www.worldpoliticsreview.com/articles/10311/over-the-horizon-u-s-drone-use-sets-global-precedent
Is the world about to see a and#34;drone raceand#34; among the United States
AND
policymakers should perhaps devote a touch more attention to the precedent they’re setting.

Norm setting is effective—-US can make the difference on drones

Micah Zenko 13, CFR Douglas Dillon Fellow in the Center for Preventive Action, PhD in Political Science from Brandeis University, and#34;Reforming U.S. Drone Strike Policies,and#34; CFR Special Report 65, January 2013
History shows that how states adopt and use new military capabilities is often influenced by
AND
more likely to use lethal force against the United States and its allies.

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 and#34;The Proliferation of Drone Warfare: The Weakening of Norms and International Precedent,and#34; 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.

Lawful norms on nuclear use necessary to maintain the taboo

Fetter 3, Dean of the School of Public Policy at the University of Maryland and an affiliate of the Project on Managing the Atom at Harvard University’s Belfer Center for Science and International Affairs, 2003, U.S. Nuclear Posture: One Step Forward, Two Steps Back, http://www.publicpolicy.umd.edu/Fetter/2003-P26S-NPR.pdf
The most significant security threat to our society and to most of our allies is
AND
use of nuclear weapons by anyone or any country is beyond the pale.

Impact is extinction

Philip W. Anderson 6 – Physics Prof @ Princeton, http://physics.ucsd.edu /petition/DCflyer.pdf
Using or even merely threatening to use a nuclear weapon preemptively against a nonnuclear adversary
AND
we urge the American people to make their voices heard on this matter.

1AC – Plan

The United States Federal Government should restrict presidential war making authority to conduct targeted killings.

1AC – Solvency

CONTENTION 2: SOLVENCY

Plan can limit the scope of targeted killings

Cole 13 David, The Nation’s legal affairs correspondent, is the author of The Torture Memos: Rationalizing the Unthinkable, and#34;What’s Wrong With Obama’s Drone Policyand#34;, February 13, www.thenation.com/article/172898/whats-wrong-obamas-drone-policy~23
The power to kill by remote control anywhere in the world should not unilaterally reside
AND
our values and the rule of law. What happened to that promise?

Failure to codify limits sets precedent for strikes and erodes global norms —-Congress key

Maxwell 12 - Colonel and Judge Advocate, U.S. Army, 1^st Quarter 2012, and#34;TARGETED KILLING, THE LAW, AND TERRORISTS: FEELING SAFE?,and#34; Joint Force Quarterly, p. 123-130, Mark David Maxwell.
Once a state demonstrates membership in an organized armed group, the members can be
AND
eschews what gives a state its greatest safety: the rule of law.

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, and#34;National Security Law Pedagogy and the Role of Simulationsand#34;, 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.

Prefer specificity—simulation about war powers is uniquely empowering

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.

Student debate about war powers policy is critical to overall American 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, and#34;The Evolution of Presidential Authority in War Powersand#34;, 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
AND
study change over time in Congress’ relations to the other branches of government.

Politics should start with pragmatic inquiry aimed at problem-solving—-metaphysical abstractions inevitably fail

Majid Yar 2k, Department of Sociology @ Lancaster University, ARENDT’S HEIDEGGERIANISM: CONTOURS OF A `POSTMETAPHYSICAL’ POLITICAL THEORY?, Cultural Values Vol 1 Issue 1, Jstor
The first and perhaps most readily apparent difficulty of this ’postmetaphysical’ discourse on the political
AND
actuality of the many and diverse modes of being characteristic of a society.
This affirmation of the philosophical reading of politics, culture and society is self-
AND
, p. 128; Rorty, 1992, p. 219).15
We might note here that this failure to deliver on the initial promise of a
AND
(Marcuse, 1988, p. 96). It is Marcuse’s dissatisfaction with
Heidegger’s ’false concreteness’, his phenomenology’s non-engagement with the specificity of contemporary socio
AND
Heideggerian narrative and strategy, they can be said to reproduce its flaws.
A corrective for this abstraction from the ’factual’ grounds of political life might be discerned
AND
practices, sits uncomfortably with a commitment to eschewing philosophical-metaphysical ’essentialisms’.
A second, and not unrelated difficulty, is a causal attribution to philosophy in
AND
casts philosophy in a relation to the political as both villain and hero.
First philosophy qua metaphysics is the party responsible for the parlous state of the modern
AND
and any attendant ’prescription’ for our ailing political life, rather alarmingly wrong.
Now these aforementioned objections are significant not only with respect to the analytical adequation or
AND
value of a more refined and discriminating set of distinctions between political formations.
Similarly, we must consider the consequences that this ’ontological substitution’ for the essence of
AND
, divesting politics of any other practical and normative ends in the process.

Tournament: Usc | Round: 6 | Opponent: Harvard Bolman-Suo | Judge: Gordon

1AC

1AC – Terrorism

CONTENTION 1: TERRORISM

European allies will insist on a policy that limits operations to a law enforcement approach—-failure to codify policy risks overreach
Daskal 13 - Fellow and Adjunct Professor, Georgetown Center on National Security and the Law, University of Penn L. Rev., THE GEOGRAPHY OF THE BATTLEFIELD: A FRAMEWORK FOR DETENTION AND TARGETING OUTSIDE THE "HOT" CONFLICT ZONE, April, 2013, 161 U. Pa. L. Rev. 1165, Lexis
The debate has largely devolved into an either-or dichotomy, even while security
AND
likely be mimicked by others and inform the development of customary international law.
Alignment with allies brings detention policy into compliance with laws—- makes criminal prosecutions effective outside zones of conflict
Hathaway 13, Gerard C. and Bernice Latrobe Smith Professor of International Law
Yale Law School); Samuel Adelsberg (J.D. candidate at Yale Law School); Spencer Amdur (J.D. candidate at Yale Law School); Freya Pitts (J.D. candidate at Yale Law School); Philip Levitz (J.D. from Yale Law School); and Sirine Shebaya (J.D. from Yale Law School), "The Power To Detain: Detention of Terrorism Suspects After 9/11", The Yale Journal of International Law, Vol. 38, 2013.
There is clear evidence that other countries recognize and respond to the difference in legitimacy
AND
intelligence-gathering, producing more intelligence over the course of prosecution. n262
That solves safe havens and extradition to the US court system
David S. Kris 11 – Former Assistant Attorney General for National Security at the U.S. Department of Justice, Law Enforcement as a Counterterrorism Tool, Assistant Attorney General for National Security at the U.S. Department of Justice, from March 2009 to March 2011, Journal of Security Law 26 Policy, Vol5:1. 2011, http://jnslp.com//wp-content/uploads/2011/06/01_David-Kris.pdf
Finally, the criminal justice system may help us obtain important cooperation from other countries
AND
because they do¶ not face charges pending in the¶ foreign nation.

Allied cooperation’s key to effective counter-terrorism

Micah Zenko 13, Douglas Dillon fellow with the Center for Preventive Action at the Council on Foreign Relations, Newsday, January 30, "Zenko: Why we can’t just drone Algeria", http://www.newsday.com/opinion/oped/zenko-why-we-can-t-just-drone-algeria-1.4536641
CNN should not have been surprised. Neither the Bush nor Obama administrations received blanket
AND
the government has conducted an intermittent counterinsurgency against the Ogaden National Liberation Front.

That solves safe-havens and prevents an attack in the US

Patrick B. Johnston 12, Associate political scientist at the RAND Corporation, a nonprofit, nonpartisan research institution. He is the author of "Does Decapitation Work? Assessing the Effectiveness of Leadership Targeting in Counterinsurgency Campaigns," published in International Security (Spring), 8/22, "Drone Strikes Keep Pressure on al-Qaida", www.rand.org/blog/2012/08/drone-strikes-keep-pressure-on-al-qaida.html
Should the U.S. continue to strike at al-Qaida’s leadership with
AND
bin Laden did in Afghanistan in 1996, after his ouster from Sudan.

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-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.

Nuclear terrorism is feasible—-high risk of theft and attacks escalate

Vladimir Z. Dvorkin 12 Major General (retired), doctor of technical sciences, professor, and senior fellow at the Center for International Security of the Institute of World Economy and International Relations of the Russian Academy of Sciences.  The Center participates in the working group of the U.S.-Russia Initiative to Prevent Nuclear Terrorism, 9/21/12, "What Can Destroy Strategic Stability: Nuclear Terrorism is a Real Threat," belfercenter.ksg.harvard.edu/publication/22333/what_can_destroy_strategic_stability.html
Hundreds of scientific papers and reports have been published on nuclear terrorism. International conferences
AND
a common understanding of these threats and develop a strategy to combat them.
Terrorism causes extinction—-hard-line responses are key  
Nathan Myhrvold 13, PhD in theoretical and mathematical physics from Princeton,  and founded Intellectual Ventures after retiring as chief strategist and chief technology officer of Microsoft Corporation , July 2013, "Strategic Terrorism: A Call to Action," The Lawfare Research Paper Series No.2, http://www.lawfareblog.com/wp-content/uploads/2013/07/Strategic-Terrorism-Myhrvold-7-3-2013.pdf-http://www.lawfareblog.com/wp-content/uploads/2013/07/Strategic-Terrorism-Myhrvold-7-3-2013.pdf
Several powerful trends have aligned to profoundly change the way that the world works.
AND
us with our shortcomings by repeatedly attacking us or hectoring us for decades. 

Critical terror studies are garbage

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
AND
pages of the journal of Critical Studies on Terrorism are its natural home.
1AC – Plan

The United States Federal Government should restrict the President’s war powers authority by statutorily limiting targeted killing and detention without charge to a counterterrorism policy guided by an individualized threat requirement and procedural safeguards, and by codification of executive branch review policy for those practices.

1AC – Solvency

The aff shifts the war-on-terror to a law-enforcement approach—-this is the perfect middle-ground

Seth G. Jones 8, adjunct professor at Johns Hopkins University’s School for Advanced
AND
.org/pubs/research_briefs/RB9351/index1.html
The United States cannot conduct an effective counterterrorism campaign against al Qa’ida or other terrorist
AND
holy warriors. Terrorists should be perceived as criminals, not holy warriors.
Failure to codify existing policy into law risks spreading executive targeted killings and indefinite detention—-plan’s key
Daskal 13 - Fellow and Adjunct Professor, Georgetown Center on National Security and the Law
University of Penn L. Rev., THE GEOGRAPHY OF THE BATTLEFIELD: A FRAMEWORK FOR DETENTION AND TARGETING OUTSIDE THE "HOT" CONFLICT ZONE, April, 161 U. Pa. L. Rev. 1165, Lexis
Fifth, and critically, while the United States might be confident that it will
AND
the rules that apply to detention and targeted killings outside the conflict zone.

Plan’s statute prevents circumvention

David J. Barron 8, Professor of Law at Harvard Law School and Martin S. Lederman, Visiting Professor of Law at the Georgetown University Law Center, "The Commander in Chief at the Lowest Ebb — A Constitutional History", Harvard Law Review, February, 121 Harv. L. Rev. 941, Lexis
In addition to offering important guidance concerning the congressional role, our historical review also
AND
the executive branch itself for most of our history of war powers development.

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.

Prefer specificity—simulation about war powers is uniquely empowering

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.

Solving the root causes of terrorism is impossible because of expansive jihadist demands—-reconciliation collapses causes global violence

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, 100-2
While different U.S. policies may be more or less important at differ
AND
- Muslim rule, because such a compromise threatens the path to paradise.
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).

Their evidence is all just like "there are a lot of steps"—-our authors considered all of them —- 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. 

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-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
AND
country" that we are "especially obligated to criticise its policies."51

Their critique is crude caricature of the distinct legal framework implemented by the plan——the alt fails to convince anybody and has no way to deal with 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.

Tournament: Fullerton | Round: Semis | Opponent: Michigan Allen-Pappas | Judge: Feldman, Brovero, Kennedy, Strauss, Wunderlich

1AC – Fullerton Semis

Adv 1

Contention 1: Afghanistan
Bagram’s the key sticking point in Bilateral Security Agreement negotiations — Karzai’s using US hypocrisy on indefinite detention to justify prisoner releases —- collapses the deal and ensures U.S. withdrawal  
Matthew Rosenberg 1-2, NYT, "Karzai Is Warned Over Release of Detainees", ttp://www.nytimes.com/2014/01/03/world/middleeast/karzai.html?_r=0
KABUL, Afghanistan — American senators visiting Kabul on Thursday intensified pressure on President Hamid
AND
a result, "a number of our innocent countrymen are imprisoned there."

Now’s key —- Afghanistan’s poised to release detainees —- failure to resolve the detention issue kills relations and prevents signing of the BSA
Kevin Sieff 1-2, Washington Post, "Afghan prisoner-release plan said to risk ’backlash’ in U.S. Congress", http://www.washingtonpost.com/world/asia_pacific/afghan-prisoner-release-said-to-threaten-backlash-in-us-congress/2014/01/02/d836c9ba-73cd-11e3-bc6b-712d770c3715_story.html
KABUL — The Afghan government’s plan to release 88 high-profile detainees without trial
AND
people about Afghanistan if there is no bilateral agreement signed?" Graham said.

Resolving US detention of third-country nationals solves —- it’s central to the BSA dispute
Christopher Rogers 13, Program Officer for the Regional Policy Initiative on Afghanistan 26 Pakistan at Open Society Foundations, "Guest Post: Afghanistan Post-2014: Closing Bagram", November 14, justsecurity.org/2013/11/14/guest-post-afghanistan-post-2014-closing-bagram/
With the U.S. combat role in Afghanistan coming to an end,
AND
Bagram does not become an even greater legal and political challenge after 2014.

BSA failure collapses Afghan and regional stability  
Anubhav Gupta 14, Asia Society, "2014: South Asia’s Make or Break Year", 1-7, http://asiasociety.org/blog/asia/2014-south-asias-make-or-break-year
This year could define the fate of the region for years to come. The
AND
troops in 2014, which could be calamitous for stability in the country.

The impact is Central and Pakistan instability —- goes nuclear
Lisa Curtis 13, Senior Research Fellow, Heritage Foundation, "Nato’s total withdrawal from Afghanistan could rock Asia stability", 11-18 http://www.heritage.org/research/commentary/2013/11/natos-total-withdrawal-from-afghanistan-could-rock-asia-stability
Analysts warn that the recent increase in al-Qaeda violence in Iraq should serve
AND
would, in turn, export Islamist ideology and violence to the north.

Central Asia escalates globally
Hooman Peimani 2, Senior Research Fellow at the Centre for International Cooperation and Security, Senior International Relations consultant with the United Nations in Geneva, PhD in International Relations, Failed Transition, Bleak Future?, p. 122-7
In the short run, the prospect for peace is not very great for the
AND
and military ties could help expand any conflict in which they are involved. 

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.

Indo-pak causes 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
The greatest threat to regional security (although curiously not at the top of most
AND
well lead to all-out war between the two that couldquickly escalate.

Adv 2

Contention 2: Terrorism
Commissions are the only way to prevent the inevitable release of terrorists held at Bagram
Robert Chesney 12/19, Charles I. Francis Professor in Law at the University of Texas School of Law, "Unwinding Detention in Afghanistan: Are Military Commissions in United States the Solution?", 2013, www.lawfareblog.com/2013/12/unwinding-detention-in-afghanistan-are-military-commissions-in-the-united-states-the-solution/~23.UsuEsfRDsnE
The Washington Post had an important story yesterday involving the future of the 53 military
AND
should maximize it, but we should not assume it cures all either.

Many TCNs represent a significant terrorist threat
Sieff 13 Kevin Sieff – Washington Post. "The Second Guantanamo" Terrorist Detention Facility in Afghanistan August 5, 2013, www.matthewaid.com/post/57417211293/the-second-guantanamo-terrorist-detention-facility-in
The United States holds 67 non-Afghan prisoners there, including some described as
AND
"We clearly need a transition plan on that issue," Dunford said.

Historically true – TCNs in Bagram include top Al-Qaeda members
Clark 13 Kate Clark - Senior Analyst for Afghanistan Analysts Network, an independent non-profit research organisation,  "The ’Other Guantanamo’ 7: Foreigners in limbo at Bagram," October 3, 2013, www.afghanistan-analysts.org/the-other-guantanamo-7-foreigners-in-limbo-at-bagram
However, among the probably innocent, there are undoubtedly fighters and commanders who came
AND
, Abdullah Al-Shami. All four are now dead or recaptured.

The threat is high 
Xinhua 12-19, 2013, http://news.xinhuanet.com/english/world/2013-12/19/c_132981320.htm
KABUL, Dec. 19 (Xinhua) — Terrorism and extremism remained major threats
AND
-Central Asia Dialogue-I, a regional conference, held here.

Afghan terrorist base spills over globally
AEI 12, American Enterprise Institute, 10/17/12, Why we must win in Afghanistan, http://www.aei.org/issue/foreign-and-defense-policy/why-we-must-win-in-afghanistan/
The cost of the war must be balanced against both the benefits of success and
AND
to finish the job at the force levels likely necessary to do so.

Afghan safe haven is the key staging point for large-scale attack
Jim Arkedis 9, is the director of the National Security Project at the Progressive Policy Institute. He was a counterterrorism analyst with the Naval Criminal Investigative Service from 2002 to 2007. OCTOBER 23, "Why Al Qaeda Wants a Safe Haven", http://www.foreignpolicy.com/articles/2009/10/23/got_safe_haven
As deliberations about the Obama administration’s strategic direction in Afghanistan unfold, the White House
AND
bet is to deny al Qaeda the only physical space it can access.

Terrorism causes extinction
Martin E. Hellman 8, Professor @ Stanford, "Risk Analysis of Nuclear Deterrence" SPRING 2008 THE BENT OF TAU BETA PI, http://www.nuclearrisk.org/paper.pdf
The threat of nuclear terrorism looms much larger in the public’s mind than the threat
AND
assume that  preventing World War III is a necessity—not an option. 

Plan’s key to prevent their inevitable release and terrorism
WP 12/18 Washington Post, December 18, 2013 "U.S. considers military trial for Russian detainee," www.japantimes.co.jp/news/2013/12/18/world/u-s-considers-military-trial-for-russian-detainee/~23.Us3YHmRDu6o
But administration officials said that not every case can be made in federal court and
AND
of the Russian Federation where rebels have fought two unsuccessful wars for independence.

Solvency

Contention 3: Solvency
Congressional approval of military commissions in the US for Bagram detainees solves —- federal courts or inaction risk release and terrorism 
Adam Goldman 13 and Karen DeYoung, Washington Post, 12/17/13, Military trial in U.S. being considered for Russian detained in Afghanistan, http://www.washingtonpost.com/world/national-security/foreign-detainees-from-afghanistan-are-being-considered-for-military-trial-in-us/2013/12/17/d38f9254-6723-11e3-a0b9-249bbb34602c_story.html
The Obama administration is actively considering the use of a military commission in the United
AND
to continue any kind of role in their detention in Afghanistan will evaporate."

Plan’s statute prevents circumvention
David J. Barron 8, Professor of Law at Harvard Law School and Martin S. Lederman, Visiting Professor of Law at the Georgetown University Law Center, "The Commander in Chief at the Lowest Ebb — A Constitutional History", Harvard Law Review, February, 121 Harv. L. Rev. 941, Lexis
In addition to offering important guidance concerning the congressional role, our historical review also
AND
the executive branch itself for most of our history of war powers development.

Nuclear terrorism is feasible—-high risk of theft and attacks escalate
Vladimir Z. Dvorkin 12 Major General (retired), doctor of technical sciences, professor, and senior fellow at the Center for International Security of the Institute of World Economy and International Relations of the Russian Academy of Sciences.  The Center participates in the working group of the U.S.-Russia Initiative to Prevent Nuclear Terrorism, 9/21/12, "What Can Destroy Strategic Stability: Nuclear Terrorism is a Real Threat," belfercenter.ksg.harvard.edu/publication/22333/what_can_destroy_strategic_stability.html
Hundreds of scientific papers and reports have been published on nuclear terrorism. International conferences
AND
a common understanding of these threats and develop a strategy to combat them.

Military commissions are effective post reforms—-no DA’s

Jon Andrew Mellis 11, J.D. and candidate for Masters of IR at Georgetown (at time submitted) COURTS, COMMISSIONS AND DETENTION AS TOOLS IN COMBATING OVERSEAS TERRORISM: CRITERIA FOR CHOOSING THE CORRECT FORUM, https://repository.library.georgetown.edu/bitstream/handle/10822/558173/Mellis_georgetown_0076M_11427.pdf?sequence=1
Supporters of military commissions note that the forum provides a degree of flexibility necessary to
AND
of safety and capability to limit access to the commission and detention facilities. 

BSA impact happens in weeks —- o/w on timeframe

Reuters 1-6, "U.S. wants Afghanistan to sign security deal in ’weeks not months’", http://www.reuters.com/article/2014/01/06/us-afghanistan-usa-idUSBREA050Z520140106
Reuters) - The United States wants the Afghanistan government to sign a bilateral security
AND
. And, you know, the clock is ticking," Carney said.

Bagram indefinite detention is the biggest issue —- o/w alt causes —- saves the BSA

Kate Clark 13, Afghanistan Analysts Network The Other Guantanamo 5: A New MoU for Bagram and, Finally, a Handover?, 3-24, http://www.afghanistan-analysts.org/the-other-guantanamo-5-a-new-mou-for-bagram-and-finally-a-handoverhttp://www.afghanistan-analysts.org/the-other-guantanamo-5-a-new-mou-for-bagram-and-finally-a-handover
The detention centre on the Bagram air base has been like piece of grit between
AND
govern a US military presence after 2014 must surely be close to zero.

Other issues have been resolved —- detention’s the main sticking point

Reuters 1-2, "Senators press Afghan president over security agreement, prisoner release", http://worldnews.nbcnews.com/_news/2014/01/02/22147690-senators-press-afghan-president-over-security-agreement-prisoner-release
KABUL — Three U.S. senators visited the Afghan president on Thursday to
AND
Barrasso, R-Wyo., joined McCain and Graham on the trip.

Tournament: Dartmouth | Round: 5 | Opponent: Georgetown AM | Judge: DHeidt

1AC – Dartmouth Round 5

1AC – Georgetown AM

1AC – Advantage 1

CONTENTION 1: EUROPE
US-EU relations are collapsing—-limited self-defense rules revitalizes them
Anthony Dworkin 13, senior policy fellow at the European Council on Foreign Relations, "Actually, drones worry Europe more than spying", July 18, ecfr.eu/content/entry/commentary_actually_drones_worry_europe_more_than_spying
Relations between the United States and Europe hit a low point following revelations that Washington
AND
associated force could lawfully be killed with a drone strike at any time. 

Limiting self-defense TKs aligns US justifications with the EU
Anthony Dworkin 13, European Council on Foreign Relations senior policy fellow, Policy Brief, July, "Drones and Targeted Killing: Defining a European Position", http://ecfr.eu/page/-/ECFR84_DRONES_BRIEF.pdf
Outside an armed conflict, the default European assumption would be that the threat of
AND
will be watching to see how far he matches his words with action.

CT cooperation wrecks EU legitimacy if it’s not within a limited framework—-legal grey areas like self-defense are key
Annegret Bendiek 11, Stiftung Wissenschaft und Politik German Institute for International  and Security Affairs, At the Limits of the Rule of Law: EU-US Counter- Terrorism Cooperation, http://www.swp-berlin.org/fileadmin/contents/products/research_papers/2011_RP05_bdk_ks.pdf
4. The relationship between security and the rule of law will remain precarious as
AND
2010, meaning that security will again be given priority over civil rights. 

Absent the plan, individual CT violations spill over to end EU relations
Thorsten Wetzling 11, non-resident fellow at the Center for Transatlantic Relations at the Paul H. Nitze School of Advanced International Studies (SAIS), PhD in Political Science, "What role for what rule of law in EU-US counterterrorism cooperation?", http://transatlantic.sais-jhu.edu/publications/articles/Chapter1_EUISS_ChaillotPaper127_WETZLING.pdf
Having said this, it is instructive to recall David Cole’s observation that ’the
AND
of incompatible practices among the grand total of transatlantic counterterrorism activities appears secondary.

Security cooperation with Europe solves nuclear war and multiple transnational threats
Dr. Yannis. A. Stivachtis 10, Professor of Poli Sci 26 Ph.D. in Politics 26 International Relations from Lancaster University, THE IMPERATIVE FOR TRANSATLANTIC COOPERATION," The Research Institute for European and American Studies, http://www.rieas.gr/research-areas/global-issues/transatlantic-studies/78.html
There is no doubt that US-European relations are in a period of transition
AND
force Europe to conclude that the costs of continued alliance outweigh its benefits.

Independently, failure to align transatlantic self-defense TK policy destroys European SSR
Thorsten Wetzling 11, non-resident fellow at the Center for Transatlantic Relations at the Paul H. Nitze School of Advanced International Studies (SAIS), PhD in Political Science, "What role for what rule of law in EU-US counterterrorism cooperation?", http://transatlantic.sais-jhu.edu/publications/articles/Chapter1_EUISS_ChaillotPaper127_WETZLING.pdf
Naturally, this poses a dilemma for the EU and its Member States. On
AND
this important layer of rule of law defence has not become entirely dysfunctional.

Effective EU SSR key to Afghan stability
Nicholas J. Armstrong 11, "Afghan Security Force Assistance or Security Sector Reform? Despite Recent Improvements in the Afghan Security Forces, More Emphasis on Ministerial Development and Police Reform is Needed", INSCT on Security, Institute for National Security and Counterterrorism Syracuse University, December 21, insct.org/commentary-analysis/2011/12/21/afghan-security-force-assistance-or-security-sector-reform-despite-recent-improvements-in-the-afghan-security-forces-more-emphasis-on-ministerial-development-and-police-reform-is-needed/
Security force assistance is the next logical step in the triage of armed statebuilding in
AND
security sector and its civil-military relations on a more sustainable path.

Afghan instability causes nuclear war
James Jay Carafano 10 is a senior research fellow for national security at The Heritage Foundation and directs its Allison Center for Foreign Policy Studies, "Con: Obama must win fast in Afghanistan or risk new wars across the globe," Jan 2 http://gazettextra.com/news/2010/jan/02/con-obama-must-win-fast-afghanistan-or-risk-new-wa/
We can expect similar results if Obama’s Afghan strategy fails and he opts to cut
AND
a puny EU military force incapable of defending the interests of its nations.

No impact D—-Afghan conflict escalation likely in 2014
Gupta 1/7 — Anubhav, Asia Society, Senior Program officer for the Asia Society Policy Institute, 2014, asiasociety.org/blog/asia/2014-south-asias-make-or-break-year
2013 was a difficult year for South Asia. The year, which began portentously
AND
troops in 2014, which could be calamitous for stability in the country.

EU SSR key to African stability
Eva Gross 13, PhD from the London School of Economics Senior Research Fellow, Free University of Brussels, Belgium, "ASSESSING THE EU’S APPROACH TO SECURITY SECTOR ¶ REFORM (SSR)," http://knjiznica.sabor.hr/pdf/E_publikacije/Assessing_the_EUs_approach_to_security_sector_reform.pdf
Security Sector Reform (SSR) – that is, strengthening and reforming those institutions
AND
EU and its member states’ ability to put a comprehensive approach in practice. 

Prevents conflict
Richard Downie Cooke 11, fellow and deputy director of the Africa Program at the Center for Strategic and International Studies (CSIS), Jennifer G. Cooke, director of the CSIS Africa Program, 4/11, A More Strategic U.S. Approach to Police Reform in Africa, CSIS, http://csis.org/files/publication/110414_Downie_PolicyReformAfrica_Web.pdf
The discussion series used as its point of departure four realities:¶ ? First,
AND
either too politically sensitive and complicated or as "important but too difficult."

Conflicts draw in great powers
Glick 7 (Caroline, deputy managing editor of The Jerusalem Post, Senior Fellow for Middle East Affairs of the Center for Security Policy, "Condi’s African holiday", December 11, http://www.rightsidenews.com/20071211309/editorial/us-opinion-and-editorial/our-world-condis-african-holiday.html)
The Horn of Africa is a dangerous and strategically vital place. Small wars, which rage continuously, can easily escalate into big wars. Local conflicts have regional and global aspects. All of the conflicts in this tinderbox, which controls shipping lanes from the Indian Ocean into the Red Sea, can potentially give rise to regional, and indeed global conflagrations between competing regional actors and global powers.

1AC – Advantage 2

CONTENTION 2: SELF DEFENSE

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.

Limiting self-defense avoids preventative war—-US norms are modeled
Beau Barnes 12, J.D. Candidate, Boston University School of Law, "Reauthorizing the ’War on Terror’: The Legal and Policy Implications of the AUMF’s Coming Obsolescence," Military Law Review, Vol 211, http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2150874
The slippery slope problem, however, is not just limited to the United States’s
AND
, but facilitating that rationale’s destabilizing adoption by nations around the world.158

A norm of preventive war pushes all regional conflicts over the brink
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
AND
) Jaswant Singh welcomed the administration’s new emphasis on the legitimacy of preemption.

Indo-Pak causes 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
The greatest threat to regional security (although curiously not at the top of most
AND
well lead to all-out war between the two that couldquickly escalate.

Escalation’s uniquely likely now—-no defense
Jason Overdorf 13, covers India for GlobalPost. Overdorf has spent most of the past 15 years living and working in Asia. He worked as an editor with Dow Jones Newswires in New York, Singapore and Hong Kong before moving to New Delhi and becoming a freelance writer in 2002. He was a frequent contributor to the Far Eastern Economic Review until 2004, covering Indian politics, society and business. Since 2004, he has been a special correspondent at Newsweek International, where he writes on a wide range of topics. He has covered Sonia Gandhi’s surprising electoral victory, the ongoing problem of Hindu fundamentalism, the simmering conflict with Maoist rebels, and societal changes resulting from India’s meteoric economic growth.  He’s written for the Atlantic Monthly and the Asian Wall Street Journal. His travel articles, personal essays and political commentary have appeared in Smithsonian Magazine, Departures, Travelers’ Tales and other publications.  He has degrees in English literature and creative writing from Columbia University, Washington University and Boston University. "Analysis: Are India and Pakistan headed for war? Under heavy shelling, Kashmir is again set to stymie the Indo-Pak peace process. And the risks are mounting", 8/15, Citing Experts at the Woodrow Wilson Center, http://www.globalpost.com/dispatch/news/war/conflict-zones/130814/analysis-are-india-and-pakistan-headed-war
"This is a sad reality of India-Pakistan relations — whenever things are
AND
lead to escalation," Kugelman said. "And that’s a scary thought."

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, "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.

Russian preventive model escalates—-causes US retaliation
Stephen J. Blank 11, Strategic Studies Institute expert on the post-Soviet world and the Soviet bloc, former Associate Professor of Soviet Studies at the Center for Aerospace Doctrine, Research and Education at Maxwell Air Force Base, Ph.D. in history from the University of Chicago, "RUSSIA AND NUCLEAR WEAPONS," Ch 7 in Russian Nuclear Weapons: Past, Present, and future," http://www.strategicstudiesinstitute.army.mil/pdffiles/PUB1087.pdf
Thus, nuclear weapons are warfighting weapons. Moscow’s threats from October 2009 not only
AND
, further adding to the inherent unpredictability of any conceivable nuclear war scenario.

Extinction
Ira Helfand 9, M.D., and John O. Pastore, M.D., are past presidents of Physicians for Social Responsibility. March 31, "U.S.-Russia nuclear war still a threat", http://www.projo.com/opinion/contributors/content/CT_pastoreline_03-31-09_EODSCAO_v15.bbdf23.html
President Obama and Russian President Dimitri Medvedev are scheduled to Wednesday in London during the
AND
alert status of nuclear weapons that existed  in 1995 remains in place today.

Independently, the plan’s vital to avoid dangerous modeling in the Middle East—-legal rules key
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, "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.

Global nuclear war
James Russell 9, Senior Lecturer Department of National Security Affairs, Spring, "Strategic Stability Reconsidered: Prospects for Escalation and Nuclear War in the Middle East" Security Studies Center Proliferation Papers, http://www.analyst-network.com/articles/141/StrategicStabilityReconsideredProspectsforEscalationandNuclearWarintheMiddleEast.pdf
Strategic stability in the region is thus undermined by various factors: (1)
AND
the peoples of the region, with substantial risk for the entire world.

Your war defense is old
Michael Singh 11, Washington Institute director, 9/22, "What has really changed in the Middle East?", http://shadow.foreignpolicy.com/posts/2011/09/22/what_has_really_changed_in_the_middle_east
Third, and most troubling, the Middle East is likely to be a more
AND
nuclear weapon, which would shift any contest for regional primacy into overdrive. 

1AC – Solvency

CONTENTION 3: SOLVENCY

Limiting self-defense targeting using more restrictive guidelines solves inevitable damage to jus ad bellum and expansiveness
Craig Martin 11, Associate Professor of Law at Washburn University School of Law, "GOING MEDIEVAL: TARGETED KILLING, SELF-DEFENSE AND THE JUS AD BELLUM REGIME", SSRN
Without going through the analysis for each of these scenarios in detail, we can
AND
, is a violation of the prohibition on the use of armed force.¶
Such a conclusion is troubling enough. But even more important in the long run is the potential harm this continued practice could cause to the jus ad bellum regime, and to the relationship between the jus ad bellum and IHL regimes, to which we turn next.

Only Congress can align the political branches and send lawful signal —- oversight is necessary
Kenneth Anderson 10, Professor of Law, Washington College of Law, American University, and Research Fellow, The Hoover Institution, Stanford University and Member of its Task Force on National Security and the Law, 3/18, Rise of the Drones: Unmanned Systems and the Future of War, digitalcommons.wcl.american.edu/cgi/viewcontent.cgi?article=100226context=pub_disc_cong
• Third, the proper legal rationale for the use of force in drone operations
AND
civilian CIA using drones is per se an unlawful act of extrajudicial execution.

Congress is necessary for legal clarity to prevent ad-hoc self-defense
Mark David Maxwell 12, Colonel, Judge Advocate with the U.S. Army, Winter, "TARGETED KILLING, THE LAW, AND TERRORISTS", Joint Force Quarterly, http://www.ndu.edu/press/targeted-killing.html
In the wake of the attacks by al Qaeda on September 11, 2001,
AND
international legal norms intersect and potentially conflict with measures stemming from domestic law.

Oversight is an effective restriction to ensure compliance—-political costs
Douglas Kriner 9, Assistant Professor of Political Science, "Can Enhanced Oversight Repair the Broken Branch," 89 B.U. L. Rev. 765, http://www.bu.edu/law/central/jd/organizations/journals/bulr/volume89n2/documents/KRINER.pdf
The foregoing analyses suggest that congressional oversight has the potential to serve as an important
AND
in the public sphere in other policy realms traditionally dominated by the legislature.

Congress prevents circumvention and ensures sufficient clarity
Mark David Maxwell 12, Colonel, Judge Advocate with the U.S. Army, Winter, TARGETED KILLING, THE LAW, AND TERRORISTS, Joint Force Quarterly, http://www.ndu.edu/press/targeted-killing.html
The weakness of this theory is that it is not codified in U.S
AND
eschews what gives a state its greatest safety: the rule of law. 

1AC – Plan

The United States Congress should statutorily limit the war powers authority of the President of the United States for self-defense targeted killings that:
- are not guided by specific reference to the armed attacks that justify it, how the group that is the object of the use of force is responsible for the attacks, and how the state in which the group is being targeted can itself be held legally responsible for the operations of that group so as to justify the use of force against the state; and
- are not reported to Congressional intelligence committees.

Tournament: Ndt | Round: 8 | Opponent: Oklahoma Lee-Campbell | Judge: Bankey, Cook, Hester

1AC

Section I

Yoo ’7 - Emanuel S. Heller Professor of Law @ Berkeley School of Law
John Yoo, Andrew Jackson and Presidential Power, 2 Charleston L. Rev. 521 (2007); http://scholarship.law.berkeley.edu/cgi/viewcontent.cgi?article=168626context=facpubs
Jackson swam against both tides. He reinvigorated the Presidency and is generally considered by
AND
American assumption of claims against Spain of up to 245 million.20

Yoo Continues…
John Yoo, Andrew Jackson and Presidential Power, 2 Charleston L. Rev. 521 (2007); http://scholarship.law.berkeley.edu/cgi/viewcontent.cgi?article=168626context=facpubs
A second pillar of Jackson’s support for western expansion was his support for the policy
AND
and he used the power of the Presidency to bring it about.

The effects of Marshall’s decision in Worcester remains with us now, and though we would argue that our self-conscious debate practices this season have generally appeared blissfully ignorant of Worcester’s ghosts, we remain haunted by them.

Bergland 2k - Professor of English at Simmons Undergraduate College
The National Uncanny: Indian Ghosts and American Subjects, Reencounters with Colonialism: New Perspectives on the Americas, Renée L. Bergland, Professor of English at Simmons Undergraduate University, trained in English and Comparative Literature at Columbia University, 2000.
The discursive removal of Indians from American physical territory and the Americanization of the imaginative
AND
which American subjects continually return to the Native American figures who haunt them.

From the perspective of effective history, we can see both the emancipatory and colonizing impulses in the history of the Cherokee Freedman’s expulsion.  As Bergland already argued, American subjectivity is formed by the tension between colonizer and colonized; as such, an effective history would "not ~tell~ a story of Cherokee victimhood or triumphalism, but ~tell~ a story of colonization cutting across lines of tribe, race, gender, and economic status.

Ray ’7 - Sr. Vice Provost 26 Associate Professor of Political Science, Philosophy, and Justice Studies, University of New Hampshire
Michigan Journal of Race 26 Law, Spring, 2007, 12 Mich. J. Race 26 L. 387, A RACE OR A NATION? CHEROKEE NATIONAL IDENTITY AND THE STATUS OF FREEDMEN’S DESCENDANTS, S. Alan Ray, Lexis
The Cherokee Nation n1 stands at a crossroads. On March 7, 2006,
AND
and how that influence may continue to shape even the dialogue itself.

Section II

Our genealogical approach towards "history’s effects" has value because it opens space for politics while still acknowledging the gaps and discontinuities between our practices in the world of debate and the political order as it is currently construed.  Critiques of shared assumptions about the past are open to the future, but this openness is only generated by the productive tension between the demands of the present political moment, on the one hand, and the intellectual demands imposed on us by this resolution and this debate.  Tracing the descent of history’s effects on knowledge and power has intellectual value and opens the possibility of disruption by virtue of the tension it maintains with or against any orienting telos.

Wendy Brown 1, prof at Berkeley, Politics out of History, 37-44
What of moralism in intellectual life, represented by what has often been termed "
intellectual life can offer to politics-that the ensuing chapters are written. 

Spectrality poses a challenge to the traditional methods of historiography but also has the capacity to open up the possibility, however phantasmal it may appear, of an ontology of the present that attempts to see how we are subjectively positioned as the effects of power 26 knowledge, and further – that orients us towards the ethical possibility that is the future.  And although we cannot perform an exorcism of the ghosts that haunt us, we can neither banish them into insubstantiality nor summon them into presence – we can open ourselves to spectrality in terms of the ethical and political exigencies of a future to come.

Wendy Brown 1, prof at Berkeley, Politics out of History, page 145-149, 153-6
Derrida records his own beginning with this text: "Someone, you or me
AND
This is the conundrum set for us when we affirm hauntology as historiography.

Tournament: Ndt | Round: 1 | Opponent: Idaho State Doty-Ivanovic | Judge: Larson, Topp, Varda
1AC NDT
The affirmative advocates restricting the President’s war powers by ending Islamophobic indefinite detention policies.
Islamophobic values have seeped into our daily lives due to the War on Terror-~--we reject those practices that actively target marked bodies
Diana Ralph 6, PhD in Psychology and a Master of Social Work. She is an Associate Professor of Social Work at Carleton University, "ISLAMOPHOBIA AND THE ‘‘WAR ON TERROR’’: THE CONTINUING PRETEXT FOR U.S. IMPERIAL CONQUEST", The Hidden History of 9-11-2001 (Research in Political Economy, Volume 23), Emerald Group Publishing Limited, pp.261-298, 911blogger.com/node/16381
4. Standing with Muslims against the “War on Terror”¶ In this chapter
AND
, Islamophobia is the key barrier to effective mobilization against the Bush regime.
US detention policy is an act of Islamophobia informed by a culture of collective suspicion and prejudice
Theresa Koenigsknecht 12, Public History MA Candidate at Indiana University-Purdue University at Indianapolis, October 4, “Perspectives on Post 9/11 Prejudices: Islamophobia”, http://blog.gitmomemory.org/2012/10/04/perspectives-on-post-911-prejudices-islamophobia/
Have the September 11th terrorist attacks changed how you view or treat others? For
AND
or treat those around them and in time provide an antidote for Islamophobia.
These constructions create a broader state of violence against colored bodies-~--this manifests in xenophobic profiling
Adrien Katherine Wing 3, is a Bessie Dutton Murray Distinguished Professor of Law at the University of Iowa College of Law, Spring, “Civil Rights in the Post 911 World: Critical Race Praxis, Coalition Building, and the War on Terrorism”, http://digitalcommons.law.lsu.edu/cgi/viewcontent.cgi?article=5987andcontext=lalrevandsei-redir=1andreferer=http3A2F2Fscholar.google.com2Fscholar3Fq3Dguantanamo2B2522critical2Brace2Btheory252226btnG3D26hl3Den26as_sdt3D0252C526as_vis3D1#search=22guantanamo20critical20race20theory22
To illustrate how race can be socially constructed, I will use myself as an
AND
a form of punishment for giving material support to terrorist groups.15 2
Islamophobia shapes US foreign policy-~--notions of western superiority are a critical tool that drum up support for broader militarism
Deepa Kumar 13, is an Associate Professor of Media Studies and Middle Eastern Studies at the Rutgers University. She is the author of Islamophobia and the Politics of Empire and Outside the Box: Corporate Media, Globalization, and the UPS Strike being interviewed by Jessica Desvarieux, The Real News Network, “Twelve Years Post 9/11, Islamophobia Still Runs High”, http://truth-out.org/video/item/18759-twelve-years-post-9-11-islamophobia-still-runs-high
KUMAR: Absolutely not. I think it is true that larger numbers of conservative
AND
Americans and people who look Muslim have been demonized since 9/11.
This dehumanization of foreign populations establishes continuous cycles of violence-~--the way we discuss this issue matters
John Collins 2, Ass. Prof. of Global Studies at St. Lawrence, and Ross Glover, Visiting Professor of Sociology at St. Lawrence University, 2002, Collateral Language, p. 6-7, The Real Effects of Language)
As any university student knows, theories about the “social con¬struction” and social
AND
less likely to avert our mental gaze from the physical effects of violence.
Islamophobic detention policies create constant dehumanization-~--marking individuals as “dangerous” creates a free license that establishes detention sites as a space of perpetual warfare
Judith Butler 6, Professor at UC Berkeley, “Precarious Life: The Powers of Mourning and Violence” Ch. 3: Indefinite Detention, p. 50
If a person is simply deemed dangerous, then it is no longer a matter
AND
sovereign right to self-protection outfianks any and all recourse to law.
These politics depend on expansive claims of executive authority-~--appeal to visions of an apocalyptic future will be used to justify the creation of spaces like Guantanamo-~--reigning in the executive solves
Jess Whyte 5, PHD candidate in Monash University’s Centre for Comparative Literature and Cultural Studies, September 20, online: http://www.ephemeraweb.org/conference/accepted-abstracts.pdf
Russia, Siberia, China: these names evoke thoughts of internment, of gulags
AND
between norm and exception is eradicated, and the exception itself is normalized.
Our advocacy is important in this space-~--interrogating Islamophobia in educational settings establishes a critical consciousness that enables larger political projects
Shirin Housee 12, Senior Lecturer in Sociology, Jan. 4, works at the School of Humanities, Languages and Social Sciences, University of Wolverhampton, UK “What’s the point? Anti-racism and students’ voices against Islamophobia”, Volume 15, Issue 1
Having reflected on the two seminar sessions on Islamophobia and the student comments, I
AND
is to education that our attention should be directed.’ (162)
Deconstructing and interrogating flawed assumptions behind Islamophobia creates a transformative and liberatory pedagogy that enables us as agents to challenge racist dynamics
Jasmin Zine 4, Professor of Sociology and Equity Studies, is a researcher studying Muslims in the Canadian diaspora. She teaches graduate courses in the Department of Sociology and Equity Studies in Education at the Ontario Institute for Studies in Education of the University of Toronto in the areas of race and ethnicity, anti-racism education and critical ethnography., “Anti-Islamophobia Education as Transformative Pedadogy: Reflections from the Educational Front Lines”, American Journal of Islamic Social Sciences 21:3
As an anti-racism scholar and educator, fellow colleagues and I realized from
AND
” is important to exposing how power operates through the politics of representation.
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=5987andcontext=lalrevandsei-redir=1andreferer=http3A2F2Fscholar.google.com2Fscholar3Fq3Dguantanamo2B2522critical2Brace2Btheory252226btnG3D26hl3Den26as_sdt3D0252C526as_vis3D1#search=22guantanamo20critical20race20theory22,
Because of the various problems with coalition building, several scholars do not endorse it
AND
groups competing for crumbs while majoritarian rule continues unabated? 22

Tournament: Ndt | Round: 1 | Opponent: Idaho State Doty-Ivanovic | Judge: Larson, Topp, Varda
1AC NDT
The affirmative advocates restricting the President’s war powers by ending Islamophobic indefinite detention policies.
Islamophobic values have seeped into our daily lives due to the War on Terror-~--we reject those practices that actively target marked bodies
Diana Ralph 6, PhD in Psychology and a Master of Social Work. She is an Associate Professor of Social Work at Carleton University, "ISLAMOPHOBIA AND THE ‘‘WAR ON TERROR’’: THE CONTINUING PRETEXT FOR U.S. IMPERIAL CONQUEST", The Hidden History of 9-11-2001 (Research in Political Economy, Volume 23), Emerald Group Publishing Limited, pp.261-298, 911blogger.com/node/16381
4. Standing with Muslims against the “War on Terror”¶ In this chapter
AND
, Islamophobia is the key barrier to effective mobilization against the Bush regime.
US detention policy is an act of Islamophobia informed by a culture of collective suspicion and prejudice
Theresa Koenigsknecht 12, Public History MA Candidate at Indiana University-Purdue University at Indianapolis, October 4, “Perspectives on Post 9/11 Prejudices: Islamophobia”, http://blog.gitmomemory.org/2012/10/04/perspectives-on-post-911-prejudices-islamophobia/
Have the September 11th terrorist attacks changed how you view or treat others? For
AND
or treat those around them and in time provide an antidote for Islamophobia.
These constructions create a broader state of violence against colored bodies-~--this manifests in xenophobic profiling
Adrien Katherine Wing 3, is a Bessie Dutton Murray Distinguished Professor of Law at the University of Iowa College of Law, Spring, “Civil Rights in the Post 911 World: Critical Race Praxis, Coalition Building, and the War on Terrorism”, http://digitalcommons.law.lsu.edu/cgi/viewcontent.cgi?article=5987andcontext=lalrevandsei-redir=1andreferer=http3A2F2Fscholar.google.com2Fscholar3Fq3Dguantanamo2B2522critical2Brace2Btheory252226btnG3D26hl3Den26as_sdt3D0252C526as_vis3D1#search=22guantanamo20critical20race20theory22
To illustrate how race can be socially constructed, I will use myself as an
AND
a form of punishment for giving material support to terrorist groups.15 2
Islamophobia shapes US foreign policy-~--notions of western superiority are a critical tool that drum up support for broader militarism
Deepa Kumar 13, is an Associate Professor of Media Studies and Middle Eastern Studies at the Rutgers University. She is the author of Islamophobia and the Politics of Empire and Outside the Box: Corporate Media, Globalization, and the UPS Strike being interviewed by Jessica Desvarieux, The Real News Network, “Twelve Years Post 9/11, Islamophobia Still Runs High”, http://truth-out.org/video/item/18759-twelve-years-post-9-11-islamophobia-still-runs-high
KUMAR: Absolutely not. I think it is true that larger numbers of conservative
AND
Americans and people who look Muslim have been demonized since 9/11.
This dehumanization of foreign populations establishes continuous cycles of violence-~--the way we discuss this issue matters
John Collins 2, Ass. Prof. of Global Studies at St. Lawrence, and Ross Glover, Visiting Professor of Sociology at St. Lawrence University, 2002, Collateral Language, p. 6-7, The Real Effects of Language)
As any university student knows, theories about the “social con¬struction” and social
AND
less likely to avert our mental gaze from the physical effects of violence.
Islamophobic detention policies create constant dehumanization-~--marking individuals as “dangerous” creates a free license that establishes detention sites as a space of perpetual warfare
Judith Butler 6, Professor at UC Berkeley, “Precarious Life: The Powers of Mourning and Violence” Ch. 3: Indefinite Detention, p. 50
If a person is simply deemed dangerous, then it is no longer a matter
AND
sovereign right to self-protection outfianks any and all recourse to law.
These politics depend on expansive claims of executive authority-~--appeal to visions of an apocalyptic future will be used to justify the creation of spaces like Guantanamo-~--reigning in the executive solves
Jess Whyte 5, PHD candidate in Monash University’s Centre for Comparative Literature and Cultural Studies, September 20, online: http://www.ephemeraweb.org/conference/accepted-abstracts.pdf
Russia, Siberia, China: these names evoke thoughts of internment, of gulags
AND
between norm and exception is eradicated, and the exception itself is normalized.
Our advocacy is important in this space-~--interrogating Islamophobia in educational settings establishes a critical consciousness that enables larger political projects
Shirin Housee 12, Senior Lecturer in Sociology, Jan. 4, works at the School of Humanities, Languages and Social Sciences, University of Wolverhampton, UK “What’s the point? Anti-racism and students’ voices against Islamophobia”, Volume 15, Issue 1
Having reflected on the two seminar sessions on Islamophobia and the student comments, I
AND
is to education that our attention should be directed.’ (162)
Deconstructing and interrogating flawed assumptions behind Islamophobia creates a transformative and liberatory pedagogy that enables us as agents to challenge racist dynamics
Jasmin Zine 4, Professor of Sociology and Equity Studies, is a researcher studying Muslims in the Canadian diaspora. She teaches graduate courses in the Department of Sociology and Equity Studies in Education at the Ontario Institute for Studies in Education of the University of Toronto in the areas of race and ethnicity, anti-racism education and critical ethnography., “Anti-Islamophobia Education as Transformative Pedadogy: Reflections from the Educational Front Lines”, American Journal of Islamic Social Sciences 21:3
As an anti-racism scholar and educator, fellow colleagues and I realized from
AND
” is important to exposing how power operates through the politics of representation.
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=5987andcontext=lalrevandsei-redir=1andreferer=http3A2F2Fscholar.google.com2Fscholar3Fq3Dguantanamo2B2522critical2Brace2Btheory252226btnG3D26hl3Den26as_sdt3D0252C526as_vis3D1#search=22guantanamo20critical20race20theory22,
Because of the various problems with coalition building, several scholars do not endorse it
AND
groups competing for crumbs while majoritarian rule continues unabated? 22

Tournament: Ndt | Round: 1 | Opponent: Idaho State Doty-Ivanovic | Judge: Larson, Topp, Varda
2AC T
limits on discursive form aren’t natural rules of the game, but rather a monocultural attempt to eliminate alternative approaches to the resolution --- their violation upholds islamophobia
Baker 8—U Rochester (Michael, Eurocentrism and the Modern/Colonial Curriculum:Towards a Post-Eurocentric Math and Science Education – A Critical Interpretive Review, http://www.academia.edu/1517810/Towards_a_Post-Eurocentric_Math_and_Science_Education_~-~-_A_Critical_Interpretive_Review)

This essay reviews literature in science and mathematics education that assumes the possibilities for knowing
AND
conventional thinking” and seeks to “reveal alternative ways of making sense”

1AR T

T
Restrictions are prohibitions on action
Jean Schiedler-Brown 12, Attorney, Jean Schiedler-Brown and Associates, Appellant Brief of Randall Kinchloe v. States Dept of Health, Washington,  The Court of Appeals of the State of Washington, Division 1, http://www.courts.wa.gov/content/Briefs/A01/68642920Appellant20Randall20Kincheloe27s.pdf
3. The ordinary definition of the term "restrictions" also does not include the reporting and monitoring or supervising terms and conditions that are included in the 2001 Stipulation.
Black's Law Dictionary, 'fifth edition,(1979) defines "restriction" as;
A limitation often imposed in a deed or lease respecting the use to which the
AND
or by interposing obstacle, to repress or suppress, to curb.
In contrast, the terms "supervise" and "supervisor" are defined as
AND
merely routine or clerical nature, but required the use of independent judgment.
Comparing the above definitions, it is clear that the definition of "restriction" is very different from the definition of "supervision"-very few of the same words are used to explain or define the different terms. In his 2001 stipulation, Mr. Kincheloe essentially agreed to some supervision conditions, but he did not agree to restrict his license.

Tournament: Ndt | Round: 1 | Opponent: Idaho State Doty-Ivanovic | Judge: Larson, Topp, Varda
2AC Consequences
Their desire to ignore the consequences of their advocacy causes alt failure ---must evaluate consequences of proposals
Christopher A. Bracey 6, Associate Professor of Law, Associate Professor of African and African American Studies, Washington University in St. Louis, September, Southern California Law Review, 79 S. Cal. L. Rev. 1231, p. 1318
Second, reducing conversation on race matters to an ideological contest allows opponents to elide
AND
ideological exchange, which further exacerbates hostilities and deepens the cycle of resentment.
AT: Sexton
Sexton is wrong---Anti-blackness as the root of all oppression is self-referential and requires ignoring mass evidence to the contrary---critique’s of multiculturalism are a reason to be weary of it’s dangers, not a reason to focus on blackness to the exclusion of other forms of violence
Paul Spickard 9, University of California, Santa Barbara, Amalgamation Schemes: Antiblackness and the Critique of Multiracialism (review) American Studies - Volume 50, Number 1/2, Spring/Summer 2009, pp. 125-127  
One of the major developments in ethnic studies over the past two decades has been
AND
to think critically about itself. Sadly, this is not that book.
Their indicts of multiculturalism get coopted by the right to justify Islamophobia and Western racism
Dr. Amir Saeed 8, Ph.D. professor of media and cultural studies at University of Sunderland, May 2008, "Islamophobia and Capitalism," Thinking Thru Islamophobia, Symposium Papers, Centre for Ethnicity and Racism Studies, www.academia.edu/2657806/On_conceptualising_Islamophobia_anti-Muslim_sentiment_and_cultural_racism
Simultaneously cultural racism is evident with politicians questioning the success of a multicultural society.
AND
‘ incompatibility to live within the ?democratic‘ principles of the West.
AT: Abolition
Non-reformist reforms fail
Angela Davis 4, Interview with Dylan Rodriguez, Davis: The Challenges of Prison Abolition, illinoisprisonwatch.blogspot.com/2010/03/davis-challenges-of-prison-abolition.html
Angela: The seemingly unbreakable link between prison reform and prison development -- referred to
AND
education, housing, health care, and other public resources and services.
Radical negativity is wrong --- positive reforms are possible
Michael Omi 13, and Howard Winant, Resistance is futile?: a response to Feagin and Elias, Ethnic and Racial Studies Volume 36, Issue 6, p. 961-973, 2013 Special Issue: Symposium - Rethinking Racial Formation Theory
We suspect that if pressed, Feagin and Elias would concur with our judgement that
AND
individual psyche and the body politic, abides. Resistance is not futile.

Distancing DA
Their K doesn’t come to grips with the interaction between suffering in places like Guantanamo now and our relationship to that—their K mirrors acts of distancing that say we should only focus on what’s in our purview—indefinite detention has maintained its legitimacy precisely because we view it as out there and not affecting us—we must bring the voices of those who can’t speak for themselves here
James Park 10, “EFFECTUATING PRINCIPLES OF JUSTICE IN ENDING INDEFINITE DETENTION: HISTORICAL REPETITION AND THE CASE OF THE UYGHURS”, 31 Whittier L. Rev. 785
George Orwell once wrote in The Road to Wigan Pier regarding empire and the complicity
AND
popular culture, rather than bear witness to the realities of society's retribution. 

This more sanitary, internal approach to punishment is particularly pronounced when examined in the
AND
after years of imprisonment without the subject of their innocence ever being addressed.
2AC Perm---General
Uniting different coalitions is necessary to overcome white supremacy---Hooks votes aff
Bell Hooks 3, social critic extraordinaire, “Beyond Black Only: Bonding Beyond Race”, http://prince.org/msg/105/50299?pr
African Americans have been at the forefront of the struggle to end racism and white
AND
is the only way to ensure that multicultural democracy will become a reality.
Anti-Blackness Not Root of Islamophobia
Anti-blackness as the root cause of Islamophobia is ahistorical---it’s the other way around
Timothy Charoenying 8, Citing Nelson Maldonado-Torres, Professor at Cal-Berkeley, "Islamophobia and Anti-Blackness: A Genealogical Approach", Fall, crg.berkeley.edu/content/islamophobia-anti-blackness-genealogical-approach
The year 1492 marked a major turning point in the trajectory of Western Civilization.
AND
the way for the enslavement and human trafficking of sub-Saharan Africans.
AT: Wilderson – General
Wilderson is overly reductive---he has no way to explain historical resistance to anti-blackness because his theory pigeon holes all oppression into the non-falsifiable register of psychoanalysis
Saër Maty Bâ 11, prof of film at Portsmouth University, The US Decentred, http://epress.lib.uts.edu.au/journals/index.php/csrj/article/view/2304/2474
As we shall see below, blacks in the US cannot and do not have
AND
? The coffle approaches with its answers in tow.’ (340)
AT: Wilderson – Policy Key
Policy focus key to combat racism---anti-blackness is not ontological  
Jamelle Bouie 13, staff writer at The American Prospect, Making and Dismantling Racism, http://prospect.org/article/making-and-dismantling-racism
Over at The Atlantic, Ta-Nehisi Coates has been exploring the intersection of
AND
helped destroy it. There's no reason racism can't work the same way.
AT: Wilderson – Anti-Blackness Wrong
Anti-blackness is not an ontological antagonism---conflict is inevitable in politics, but does not have to be demarcated around whiteness and blackness---the alt’s ontological fatalism recreates colonial violence
Peter Hudson 13, Political Studies Department, University of the Witwatersrand, Johannesburg , South Africa, has been on the editorial board of the Africa Perspective: The South African Journal of Sociology and Theoria: A Journal of Political and Social Theory and Transformation, and is a member of the Johannesburg Workshop in Theory and Criticism, The state and the colonial unconscious, Social Dynamics: A journal of African studies, 2013
Thus the self-same/other distinction is necessary for the possibility of identity
AND
, as distinct from “subject” position based on a determinate identity.
AT Wilderson
Wilderson’s scholarship isn’t intended to preclude goal-oriented political change
Frank b. Wilderson 10 III, Prof at UC Irvine, speaking on a panel on literary activism at the National Black Writers Conference, March 26, "Panel on Literary Activism", transcribed from the video available at http://www.c-spanvideo.org/program/id/222448, begins at roughly 49:10
Typically what I mean when I ask myself whether or not people will like or
AND
activist in political movements, my labor has been intentional and goal oriented. 

For example, I organized, with a purpose to say free Mumia Abu Jamal
AND
the movement can't always accommodate, if its to maintain its organizational capacity.

Tournament: Ndt | Round: 1 | Opponent: Idaho State Doty-Ivanovic | Judge: Larson, Topp, Varda
2AC Consequences
Their desire to ignore the consequences of their advocacy causes alt failure -~--must evaluate consequences of proposals
Christopher A. Bracey 6, Associate Professor of Law, Associate Professor of African and African American Studies, Washington University in St. Louis, September, Southern California Law Review, 79 S. Cal. L. Rev. 1231, p. 1318
Second, reducing conversation on race matters to an ideological contest allows opponents to elide
AND
ideological exchange, which further exacerbates hostilities and deepens the cycle of resentment.
AT: Sexton
Sexton is wrong-~--Anti-blackness as the root of all oppression is self-referential and requires ignoring mass evidence to the contrary-~--critique’s of multiculturalism are a reason to be weary of it’s dangers, not a reason to focus on blackness to the exclusion of other forms of violence
Paul Spickard 9, University of California, Santa Barbara, Amalgamation Schemes: Antiblackness and the Critique of Multiracialism (review) American Studies - Volume 50, Number 1/2, Spring/Summer 2009, pp. 125-127  
One of the major developments in ethnic studies over the past two decades has been
AND
to think critically about itself. Sadly, this is not that book.
Their indicts of multiculturalism get coopted by the right to justify Islamophobia and Western racism
Dr. Amir Saeed 8, Ph.D. professor of media and cultural studies at University of Sunderland, May 2008, "Islamophobia and Capitalism," Thinking Thru Islamophobia, Symposium Papers, Centre for Ethnicity and Racism Studies, www.academia.edu/2657806/On_conceptualising_Islamophobia_anti-Muslim_sentiment_and_cultural_racism
Simultaneously cultural racism is evident with politicians questioning the success of a multicultural society.
AND
‘ incompatibility to live within the ?democratic‘ principles of the West.
AT: Abolition
Non-reformist reforms fail
Angela Davis 4, Interview with Dylan Rodriguez, Davis: The Challenges of Prison Abolition, illinoisprisonwatch.blogspot.com/2010/03/davis-challenges-of-prison-abolition.html
Angela: The seemingly unbreakable link between prison reform and prison development -- referred to
AND
education, housing, health care, and other public resources and services.
Radical negativity is wrong -~-- positive reforms are possible
Michael Omi 13, and Howard Winant, Resistance is futile?: a response to Feagin and Elias, Ethnic and Racial Studies Volume 36, Issue 6, p. 961-973, 2013 Special Issue: Symposium - Rethinking Racial Formation Theory
We suspect that if pressed, Feagin and Elias would concur with our judgement that
AND
individual psyche and the body politic, abides. Resistance is not futile.

Distancing DA
Their K doesn’t come to grips with the interaction between suffering in places like Guantanamo now and our relationship to that—their K mirrors acts of distancing that say we should only focus on what’s in our purview—indefinite detention has maintained its legitimacy precisely because we view it as out there and not affecting us—we must bring the voices of those who can’t speak for themselves here
James Park 10, “EFFECTUATING PRINCIPLES OF JUSTICE IN ENDING INDEFINITE DETENTION: HISTORICAL REPETITION AND THE CASE OF THE UYGHURS”, 31 Whittier L. Rev. 785
George Orwell once wrote in The Road to Wigan Pier regarding empire and the complicity
AND
popular culture, rather than bear witness to the realities of society's retribution. 

This more sanitary, internal approach to punishment is particularly pronounced when examined in the
AND
after years of imprisonment without the subject of their innocence ever being addressed.
2AC Perm-~--General
Uniting different coalitions is necessary to overcome white supremacy-~--Hooks votes aff
Bell Hooks 3, social critic extraordinaire, “Beyond Black Only: Bonding Beyond Race”, http://prince.org/msg/105/50299?pr
African Americans have been at the forefront of the struggle to end racism and white
AND
is the only way to ensure that multicultural democracy will become a reality.
Anti-Blackness Not Root of Islamophobia
Anti-blackness as the root cause of Islamophobia is ahistorical-~--it’s the other way around
Timothy Charoenying 8, Citing Nelson Maldonado-Torres, Professor at Cal-Berkeley, "Islamophobia and Anti-Blackness: A Genealogical Approach", Fall, crg.berkeley.edu/content/islamophobia-anti-blackness-genealogical-approach
The year 1492 marked a major turning point in the trajectory of Western Civilization.
AND
the way for the enslavement and human trafficking of sub-Saharan Africans.
AT: Wilderson – General
Wilderson is overly reductive-~--he has no way to explain historical resistance to anti-blackness because his theory pigeon holes all oppression into the non-falsifiable register of psychoanalysis
Saër Maty Bâ 11, prof of film at Portsmouth University, The US Decentred, http://epress.lib.uts.edu.au/journals/index.php/csrj/article/view/2304/2474
As we shall see below, blacks in the US cannot and do not have
AND
? The coffle approaches with its answers in tow.’ (340)
AT: Wilderson – Policy Key
Policy focus key to combat racism-~--anti-blackness is not ontological  
Jamelle Bouie 13, staff writer at The American Prospect, Making and Dismantling Racism, http://prospect.org/article/making-and-dismantling-racism
Over at The Atlantic, Ta-Nehisi Coates has been exploring the intersection of
AND
helped destroy it. There's no reason racism can't work the same way.
AT: Wilderson – Anti-Blackness Wrong
Anti-blackness is not an ontological antagonism-~--conflict is inevitable in politics, but does not have to be demarcated around whiteness and blackness-~--the alt’s ontological fatalism recreates colonial violence
Peter Hudson 13, Political Studies Department, University of the Witwatersrand, Johannesburg , South Africa, has been on the editorial board of the Africa Perspective: The South African Journal of Sociology and Theoria: A Journal of Political and Social Theory and Transformation, and is a member of the Johannesburg Workshop in Theory and Criticism, The state and the colonial unconscious, Social Dynamics: A journal of African studies, 2013
Thus the self-same/other distinction is necessary for the possibility of identity
AND
, as distinct from “subject” position based on a determinate identity.
AT Wilderson
Wilderson’s scholarship isn’t intended to preclude goal-oriented political change
Frank b. Wilderson 10 III, Prof at UC Irvine, speaking on a panel on literary activism at the National Black Writers Conference, March 26, "Panel on Literary Activism", transcribed from the video available at http://www.c-spanvideo.org/program/id/222448, begins at roughly 49:10
Typically what I mean when I ask myself whether or not people will like or
AND
activist in political movements, my labor has been intentional and goal oriented. 

For example, I organized, with a purpose to say free Mumia Abu Jamal
AND
the movement can't always accommodate, if its to maintain its organizational capacity.

Tournament: Ndt | Round: 5 | Opponent: Kansas Birzer-Campbell | Judge: Crowe, Gibson, Hall

1AC

1AC – Advantage 1

CONTENTION 1: GENEVA

violations spill over to end Geneva

Tom Malinowski 7, Washington Advocacy Director, Human Rights Watch, Washington, DC, Congressional Testimony, http://www.gpo.gov/fdsys/pkg/CHRG-110shrg40379/html/CHRG-110shrg40379.htm
Or, just for the sake of argument, imagine if the President of Russia
AND
from the Geneva Conventions and treaties against torture—begins to fall apart.

That causes global war —- US forces will be targeted

Steven R. Ratner 8, Law Professor at University of Michigan, "Think Again: Geneva Conventions," 2/19, http://www.foreignpolicy.com/articles/2008/02/19/think_again_geneva_conventions?page=0,6
 "No Nation Flouts the Geneva Conventions More than the United States" That’s
AND
such wars would far surpass anything the war on terror could ever deliver. 

Additionally, a strong Geneva is key to prevent CBW use

GCSP 5 Geneva Centre for Security Policy, "Biological and Chemical Weapons Seminar," June 2005, http://www.gcsp.ch/e/meetings/Security_Challenges/WMD/Meeting_Conf/2005/BC20Weapons20Seminar/summary.htm
On 9-10 June 2005, the GCSP hosted an international seminar initiated by
AND
use but also the production and possession of both chemical and biological weapons.

Bioweapons cause extinction

Anders Sandberg 8, is a James Martin Research Fellow at the Future of Humanity Institute at Oxford University; Jason G. Matheny, PhD candidate in Health Policy and Management at Johns Hopkins Bloomberg School of Public Health and special consultant to the Center for Biosecurity at the University of Pittsburgh Medical Center; Milan M. ?irkovi?, senior research associate at the Astronomical Observatory of Belgrade and assistant professor of physics at the University of Novi Sad in Serbia and Montenegro, 9/8/8, "How can we reduce the risk of human extinction?," Bulletin of the Atomic Scientists,http://www.thebulletin.org/web-edition/features/how-can-we-reduce-the-risk-of-human-extinction
The risks from anthropogenic hazards appear at present larger than those from natural ones.
AND
event seems unlikely today, the likelihood may increase as biotechnologies continue to improve

Independently, failure to establish a restrictive detention statute weakens US non-prolif leadership—-causes Iranian nuclearization

AFP 13, "US raid in Libya renews legality questions", October 9, tribune.com.pk/story/615628/us-raid-in-libya-renews-legality-questions/
But Turner said it was critical for the United States to provide a legal justification
AND
the Bush administration began arguing that terrorism suspects were not prisoners of war.

Iran nuclearization leads to rapid escalation and nuclear war

Jeffrey Goldberg 12, Bloomberg View columnist and a national correspondent for the Atlantic, January 23, 2012, "How Iran Could Trigger Accidental Armageddon," online: http://www.bloomberg.com/news/2012-01-24/how-iran-may-trigger-accidental-armageddon-commentary-by-jeffrey-goldberg.html
One of the arguments often made in favor of bombing Iran to cripple its nuclear
AND
must be stopped before it reaches fruition with a nuclear weapons delivery capability." 

No defense—-lack of C26C and poly-nuclear strategic dynamics

Shmuel Bar 13, director of studies at the Institute of Policy and Strategy in Herzliya, Israel, February, "The Dangers of a Poly-Nuclear Mideast," Hoover Policy Review, http://www.hoover.org/publications/policy-review/article/139416
The likelihood that the current efforts to prevent Iran from acquiring a military nuclear capability
AND
command and control may mean the difference between controlled tensions and nuclear confrontation.

1AC – Advantage 2

CONTENTION 2: NAVAL OVERSTRETCH

Continued U.S. naval superiority is key to growth, trade, preventing South China Sea and Arctic conflict as well as effective disaster response

J. Randy Forbes 14, Chairman of the House Armed Services Seapower and Projection Forces subcommittee, currently co-leading a bipartisan Asia-Pacific Security Series for the House Armed Services Committee, 3/14, Revitalize American Sea Power, Proceedings Magazine, http://www.usni.org/magazines/proceedings/2014-03/revitalize-american-sea-power
Failing to bolster the U.S. Navy in the face of 21st-
AND
and allow decision makers in Washington to ensure a stable, prosperous order.

Trade and growth prevent global nuclear war

Michael, Panzner 8 faculty at the New York Institute of Finance, 25-year veteran of the global stock, bond, and currency markets who has worked in New York and London for HSBC, Soros Funds, ABN Amro, Dresdner Bank, and JPMorgan Chase Financial Armageddon: Protect Your Future from Economic Collapse, Revised and Updated Edition, p. 136-138, Google Books

Continuing calls for curbs on the flow of finance and trade will inspire the United States and other nations to spew forth protectionist legislation like the notorious Smoot-Hawley bill. Introduced at the start of the Great Depression, it triggered a series of tit-for-tat economic responses, which many commentators believe helped turn a serious economic downturn into a prolonged and devastating global disaster, But if history is any guide, those lessons will have been long forgotten during the next collapse. Eventually, fed by a mood of desperation and growing public anger, restrictions on trade, finance, investment, and immigration will almost certainly intensify. Authorities and ordinary citizens will likely scrutinize the cross-border movement of Americans and outsiders alike, and lawmakers may even call for a general crackdown on nonessential travel. Meanwhile, many nations will make transporting or sending funds to other countries exceedingly difficult. As desperate officials try to limit the fallout from decades of ill-conceived, corrupt, and reckless policies, they will introduce controls on foreign exchange, foreign individuals and companies seeking to acquire certain American infrastructure assets, or trying to buy property and other assets on the (heap thanks to a rapidly depreciating dollar, will be stymied by limits on investment by noncitizens. Those efforts will cause spasms to ripple across economies and markets, disrupting global payment, settlement, and clearing mechanisms. All of this will, of course, continue to undermine business confidence and consumer spending. In a world of lockouts and lockdowns, any link that transmits systemic financial pressures across markets through arbitrage or portfolio-based risk management, or that allows diseases to be easily spread from one country to the next by tourists and wildlife, or that otherwise facilitates unwelcome exchanges of any kind will be viewed with suspicion and dealt with accordingly. The rise in isolationism and protectionism will bring about ever more heated arguments and dangerous confrontations over shared sources of oil, gas, and other key commodities as well as factors of production that must, out of necessity, be acquired from less-than-friendly nations. Whether involving raw materials used in strategic industries or basic necessities such as food, water, and energy, efforts to secure adequate supplies will take increasing precedence in a world where demand seems constantly out of kilter with supply. Disputes over the misuse, overuse, and pollution of the environment and natural resources will become more commonplace. Around the world, such tensions will give rise to full-scale military encounters, often with minimal provocation. In some instances, economic conditions will serve as a convenient pretext for conflicts that stem from cultural and religious differences. Alternatively, nations may look to divert attention away from domestic problems by channeling frustration and populist sentiment toward other countries and cultures. Enabled by cheap technology and the waning threat of American retribution, terrorist groups will likely boost the frequency and scale of their horrifying attacks, bringing the threat of random violence to a whole new level. Turbulent conditions will encourage aggressive saber rattling and interdictions by rogue nations running amok. Age-old clashes will also take on a new, more healed sense of urgency. China will likely assume an increasingly belligerent posture toward Taiwan, while Iran may embark on overt colonization of its neighbors in the Mideast. Israel, for its part, may look to draw a dwindling list of allies from around the world into a growing number of conflicts. Some observers, like John Mearsheimer, a political scientist at the University of Chicago, have even speculated that an "intense confrontation" between the United States and China is "inevitable" at some point. More than a few disputes will turn out to be almost wholly ideological. Growing cultural and religious differences will be transformed from wars of words to battles soaked in blood. Long-simmering resentments could also degenerate quickly, spurring the basest of human instincts and triggering genocidal acts. Terrorists employing biological or nuclear weapons will vie with conventional forces using jets, cruise missiles, and bunker-busting bombs to cause widespread destruction. Many will interpret stepped-up conflicts between Muslims and Western societies as the beginnings of a new world war.

====SCS conflict causes extinction====
Lawrence S. Wittner 11, Emeritus Professor of History at the State University of New York/Albany, 11/28/, "Is a Nuclear War With China Possible?", www.huntingtonnews.net/14446
While nuclear weapons exist, there remains a danger that they will be used.
AND
—destroying agriculture, creating worldwide famine, and generating chaos and destruction. 

Arctic conflict risk high now

Pilita Clark 13, Financial Times, "Environment: Frozen frontiers", 2/6, www.ft.com/intl/cms/s/2/a51a35e2-704c-11e2-ab31-00144feab49a.html~23axzz2KSkdFR00
Yet this is only the latest sign of a surge in diplomatic, commercial and
AND
region producing more surprises each year, not least in the shipping trade.

Goes nuclear

Wallace and Staples 10 Michael Wallace is Professor Emeritus at the University of British Columbia; Steven Staples is President of the Rideau Institute in Ottawa, March 2010, "Ridding the Arctic of Nuclear Weapons A Task Long Overdue", http://www.arcticsecurity.org/docs/arctic-nuclear-report-web.pdf
The fact is, the Arctic is becoming a zone of increased military competition.
AND
geo-political/economic significance of the Arctic because of climate change." 

Inadequate response to disasters results in disease outbreak

Syed Aljunid et al 12, Professor of Health Economics and Senior Research Fellow at
AND
-infectious-diseases-after-natural-disasters.html~23info
Beyond damaging and destroying physical infrastructure, natural disasters can lead to outbreaks of infectious
AND
as pre-existing poor sanitary infrastructures, water supply and sewerage systems.

New deadly disease outbreaks are inevitable

CDC Foundation 12 —- "How CDC Saves Lives By Controlling REAL Global Disease Outbreaks," http://www.cdcfoundation.org/content/how-cdc-saves-lives-controlling-real-global-disease-outbreaks
Serious, deadly contagious disease outbreaks can and do happen. CDC investigates new contagious diseases—averaging one new contagion per year. These new contagious diseases can emerge right here or only a plane-ride away from here.¶ It’s not just new diseases that threaten the United States. Some diseases long thought controlled in the United States, like tuberculosis, can reemerge and be more deadly than ever. 

Disease causes extinction—-no burnout

Torrey and Yolken 5 E. Fuller and Robert H, Directors Stanley Medical Research Institute, 2005, Beasts of the Earth: Animals, Humans and Disease, pp. 5-6
The outcome of this marriage, however, is not as clearly defined as it
AND
HIV or SARS virus may be truly capable of eradicating the human race.

Effective naval power projection is vital to prevent great power war

James T. Conway 7, General, U.S. Marine Corps, Gary Roughead, Admiral, U.S. Navy, Thad W. Allen, Admiral, U.S. Coast Guard, "A Cooperative Strategy for 21st Century Seapower," October, http://www.navy.mil/maritime/MaritimeStrategy.pdf
This strategy reaffirms the use of seapower to influence actions and activities at sea and
AND
and sustain forces, sea control and power projection enable extended campaigns ashore.

And U.S. interpretation of Geneva as allowing detainment at sea will be modeled by rogues, hamstringing future US operations to prevent Korean war

Commander Gregory P. Noone 4, JAGC, USNR, et al, assigned to Naval Reserve Civil Law Support Activity 104 which is the reserve unit that supports the Office of the Judge Advocate General, United States Navy, International and Operational Law Division, 2004, Prisoners of War in the 21st Century: Issues in Modern Warfare, Naval Law Review, http://www.dtic.mil/dtic/tr/fulltext/u2/a477125.pdf
One principal reason that the United States and other countries sign and ratify treaties obligating
AND
and inhumane conditions without access to food, water, or proper sanitation. 

Korean war goes nuclear—-risk of miscalc is high

Steven Metz 13, Chairman of the Regional Strategy and Planning Department and Research Professor of National Security Affairs at the Strategic Studies Institute, 3/13/13, "Strategic Horizons: Thinking the Unthinkable on a Second Korean War," http://www.worldpoliticsreview.com/articles/12786/strategic-horizons-thinking-the-unthinkable-on-a-second-korean-war
Today, North Korea is the most dangerous country on earth and the greatest threat
AND
two continued mutual trade and investment. Stranger things have happened in statecraft.

Uncertain legal guidance causes ad-hoc sea-based detentions that cause naval overstretch and SOF mission failure

Spencer Ackerman 11, national security editor for Guardian US. A former senior writer for Wired, he won the 2012 National Magazine Award for Digital Reporting, "Drift: How This Ship Became a Floating Gitmo", 7/6, www.wired.com/dangerroom/2011/07/floating-gitmo/
Problem is, the way the Obama administration is drifting, the fleet is shaping
AND
can reverse the drift of his detentions policy, they might have to.

1AC – Solvency

CONTENTION 3: SOLVENCY

Obama’s indefinite detention at sea violates international law and continues legal loopholes that wreck credibility

John Hursh 12, Research Assistant, Africa Program, Landesa: Rural Development Institute. Snyder Fellow, Lauterpacht Centre for International Law, University of Cambridge. J.D., Indiana University Maurer School of Law. M.P.A., Indiana University School of Public and Environmental Affairs. M.A., B.A., Carnegie Mellon University, "NATIONAL SECURITY: PART I: FIVE QUESTIONS ON NATIONAL SECURITY LAW: RESPONSES TO THE FIVE QUESTIONS", 38 Wm. Mitchell L. Rev. 1549, Lexis
The most important lesson to learn from the Obama Administration’s handling of the Ahmed Warsame
AND
drifting toward establishing his own system of extralegal detention and tainted questioning. n19

This sea-based internment directly violates Geneva

Ryan Goodman 13, co-editor-in-chief of Just Security and the Anne and Joel Ehrenkranz Professor of Law and Co-Chair of the Center for Human Rights and Global Justice at New York University School of Law, Sarah Knuckey, an international human rights lawyer at the Center for Human Rights and Global Justice (NYU School of Law), and a Special Advisor to the UN Special Rapporteur on extrajudicial executions, October 9, 2013, The Case of Abu Anas al-Libi: International Law Q 26 A, http://justsecurity.org/2013/10/09/case-abu-anas-al-libi-international-law/
Some media accounts of this issue have cited to Article 22 of the Third Geneva
AND
mission. It’s that the whole enterprise is an improvised, stopgap measure."

Absent the plan, perception of the U.S. cherry-picking laws in violation of Geneva will grow

Spencer Ackerman 13, national security editor for Guardian US. A former senior writer for Wired, he won the 2012 National Magazine Award for Digital Reporting, "Libyan al-Qaida suspect’s detention-at-sea raises Geneva convention concerns", October 8, www.theguardian.com/world/2013/oct/08/us-detention-libya-al-liby-ship
Article 22 of the third Geneva Convention explicitly stipulates that "prisoners of war may
AND
Geneva conventions apply to al-Qaida or whether it is applying them." 

Only limiting detention to land-based internment solves—-it avoids current conflation between detention and internment

Commander Gregory P. Noone 4, JAGC, USNR, et al, assigned to Naval Reserve Civil Law Support Activity 104 which is the reserve unit that supports the Office of the Judge Advocate General, United States Navy, International and Operational Law Division, 2004, Prisoners of War in the 21st Century: Issues in Modern Warfare, Naval Law Review, http://www.dtic.mil/dtic/tr/fulltext/u2/a477125.pdf
If the distinction between "detention" and "internment" is to have any meaning, detention on board vessels must be truly temporary and limited to the minimum period necessary to evacuate such persons from the combat zone, to provide necessary medical care or treatment of wounds if no other such facility is reasonably available on land, or to avoid significant harm such persons would face if detained on land.182

The plan brings U.S. practice in line with Geneva

John Bellinger 13, Partner in the International and national security law practices at Arnold 26 Porter LLP in Washington, DC. He is also Adjunct Senior Fellow in International and National Security Law at the Council on Foreign Relations, "Do the Geneva Conventions Apply to the Detention of al-Libi?", October 7, www.lawfareblog.com/2013/10/do-the-geneva-conventions-apply-to-the-detention-of-al-libi/
The New York Times is reporting that the U.S. Navy is holding
AND
POWs under the Third Convention or as Protected Persons under the Fourth Convention.

Statute’s vital to international legitimacy and preventing future vacillation in policy

Benjamin Wittes 9, senior fellow and research director in public law at the Brookings Institution, Stuart Taylor, an American journalist, graduated from Princeton University and Harvard Law School, "Legislating the War on Terror: An Agenda for Reform", November 3, Book, p. 329-330
While President Obama’s policy makes a clean break with the Bush record, it actually
AND
past without giving up what the United States will need in the future.

Plan’s statute prevents circumvention

David J. Barron 8, Professor of Law at Harvard Law School and Martin S. Lederman, Visiting Professor of Law at the Georgetown University Law Center, "The Commander in Chief at the Lowest Ebb — A Constitutional History", Harvard Law Review, February, 121 Harv. L. Rev. 941, Lexis
In addition to offering important guidance concerning the congressional role, our historical review also
AND
the executive branch itself for most of our history of war powers development.

1AC – Plan

The United States Federal Government should statutorily limit the President’s war powers authority to detain indefinitely to exclusively land-based internments.