Tournament: NJDDT | Round: 4 | Opponent: KCKCC | Judge: Collins, Dave
Civil-Military relations are delicate but improving.
Tilghman '13 Andrew Tilghman, staff writer for the Army Times.  “JCS chief: Time to rethink civil-military relations.” June 12, 2013. http://www.armytimes.com/article/20130712/NEWS05/307120023/

The nation’s top military officer is urging troops to brace for a postwar era in
AND
discussion about what the military community needs and how we achieve those objectives.”

Fiating military strategy change destroys CMR.
Allen and Coates ‘10 Col. Charles D. Allen (retired), Professor of Cultural Science in the Department of Command, Leadership, and Management at the U.S. Army War College, and Breena E. Coates, Professor of Strategic Management and Organizational Behavior at the U.S. Army War College. “The Engagement of Military Voice.”  Winter 2009-10. http://strategicstudiesinstitute.army.mil/pubs/parameters/Articles/09winter/allen20and20coates.pdf

The second error, E IIIb, occurs when the civilian principal directs by fiat
AND
for military professionals—the planning and execution of tactical and operational missions.

CMR is key to military effectiveness and readiness.
Hoffman ‘07  Frank Hoffman, retired U.S. Marine Corps officer. “Bridging the Civil-Military Gap.” Armed Forces Journal, December 2007

What Ricks detected has not gone away, and it may have been extended.
AND
if that society doffs its cap now and again to its warrior class." 

Readiness is key to prevent war with great power adversaries
Feldstein ‘07 Martin Felstein, George F. Baker Professor of Economics at Harvard University and President and CEO of the National Bureau of Economic Research. "The Underfunded Pentagon." Foreign Affairs,  Volume 86  Number 2. March/April 2007

Deterring other great powers, such as Russia and China, will require Washington to
AND
and perhaps the reality--of the U.S. military structure.

Link magnifier – CMR disputes are made public. This magnifies the perception of military backlash against the plan.
Zenko '13 Micah Zenko, Douglas Dillon fellow in the Center for Preventive Action at the Council on Foreign Relations. “The Soldier and the State go Public.” Foreign Policy. September 25, 2013. http://www.foreignpolicy.com/articles/2013/09/25/the_soldier_and_the_state_go_public

Meanwhile, military officials who might have once refrained from discussing sensitive issues are now
AND
can find a "senior Pentagon official" to condemn White House policy.

Link - Outside criticism of the military collapses CMR and hurts military readiness
Skelton ’12 Ike Skelton, Chairman of the House Armed Services Committee and graduate of Wentworth Military Academy and the University of Missouri at Columbia. “THE CIVIL-MILITARY GAP NEED NOT BECOME A CHASM.” National Defense University Joint Quarterly, Issue 64, 2012. http://www.huschblackwell.com/files/Publication/425169bd-6686-44a3-b725-0311dc5374d2/Presentation/PublicationAttachment/39410c5e-8d40-451a-a9c2-04df0a8902a4/Civ-MilGapJFQ1-2012.pdf

The existence of this gap, however, demonstrates that the potential crisis in civil
AND
, there is work to do on both sides to narrow the gap.

Tournament: NJDDT | Round: 4 | Opponent: KCKCC | Judge: Collins, Dave
Uniqueness – The  Court’s 2008 ruling on Boumediene preserved judicial legitimacy in regards to indefinite detention.
Devins, Goodrich Professor of Law and Professor of Government, College of William and Mary, ‘10
Neal, “Talk Loudly and Carry a Small Stick: The Supreme Court and Enemy Combatants”, Journal of Constitutional Law, Vol. 12, No. 2, February 2010, RSR

Throughout the course of its enemy combatant decision making, the Court has moved incrementally
AND
its muscles without meaningfully undermining the policy preferences of the President and Congress.

Link – A court ruling on Boumediene to constrain the executive would spark backlash.
Devins, Goodrich Professor of Law and Professor of Government, College of William and Mary, ‘10
Neal, “Talk Loudly and Carry a Small Stick: The Supreme Court and Enemy Combatants”, Journal of Constitutional Law, Vol. 12, No. 2, February 2010, RSR

For much the same reason, the Court understood that its decision posed few national
AND
political branches to respect the centrality of habeas corpus limits on governmental power.

Impacts  
a) Turns solvency - presidential backlash to judicial decisions kills the court’s power and leads to non-compliance.
Benson, J.D., University of California, Berkeley, School of Law, ‘9
Josh, “The Guantanamo Game: A Public Choice Perspective on Judicial Review in Wartime”, California Law Review, Vol. 97, RSR
First, Howell notes that the judiciary can issue decisions, but it cannot enforce
AND
move policy-again, subject to the limitations noted in this Comment.

b) Judicial decisions constraining the executive’s use of armed forces would massively drain judicial capital. This results in backlash, open defiance, and unchecked executive discretion.
Druck, J.D. Candidate Cornell Law School, ‘12
Judah, “DRONING ON: THE WAR POWERS RESOLUTION¶ AND THE NUMBING EFFECT OF¶ TECHNOLOGY-DRIVEN WARFARE”, Cornell Law Review, Vol. 98, 2012, RSR
The suits arising out of possible WPR violations are well-documented53 and therefore only
AND
they are, in some respect, the lesser of two evils. B

Unchecked executive discretion results in miscalculation and war.
Adler ’11 David, Director of the Andrus Center for Public Policy at Boise State University, where he holds an appointment as the Cecil Andrus Professor of Public Affairs; “Presidential Ascendancy in Foreign Affairs and the Subversion of the Constitution”, Presented to the German-American Conference on “Comparisons of Parliamentary and Coordinated Power (Presidential) Systems, March 4-8, 2011, Bloomington, Indiana; http://www.civiced.org/pdfs/GermanAmericanConf2011/Adler.pdf)

A considerable literature urges executive supremacy, and extols the supposed virtues of presidential assertion
AND
policy concerns are even more compelling today than they were two centuries ago.

Tournament: NJDDT | Round: 4 | Opponent: KCKCC | Judge: Collins, Dave
The 1AC is a paradigmatic example of humanist cultural criticism, adopting a rehabilitative approach to address their impacts of dehumanization. This only reinforces the human/subhuman divide and dooms the aff to failure.
Deckha ’10 Maneesha Deckha, Associate Professor at the University of Victoria Faculty of Law in Victoria, Canada. “The Subhuman as a Cultural Agent of Violence.” Journal for Critical Animal Studies. Volume VIII, Iss. 3, 2010.

One of the organizing narratives of western thought and the institutions it has shaped is
AND
akin or equivalent to slavery; and 3) the laws of war. 

The division between human and non-human was the foundational framework that spawned racism, sexism, colonialism, genocide and structural oppression.  It is no coincidence that every subjugated people have been first characterized as animals.
Best ‘07  Dr. Steven Best, Associate Professor in the Department of Humanities and Philosophy at the University of Texas, El Paso. “Book Review: The Eternal Treblinka: Our Treatment of Animals and the Holocaust.” Journal for Critical Animal Studies, Volume V, Issue 2, 2007

Hierarchy emerged with the rise of agricultural society some ten thousand years ago. In
AND
proven its superiority by bringing the “lower races” under its command.

The alternative is to reject speciesist distincitons. Only by closing the gap between the human and non-human we can challenge structures of exploitation.  
Wadiwel ‘02 Dinesh Joesph, completing a doctorate at the University of Western Sydney. “Cows and Sovereignty: Biopower and Animal Life” Borderlands E-Journal. Vol. 1, No. 2, 2002.  http://www.borderlandsejournal.adelaide.edu.au/vol1no2_2002/wadiwel_cows.html)

16. To the extent that the political landscape has altered in such a way
AND
the contemporary era revolves around the removal of the gap in its entirety.