Tournament: UNT | Round: Finals | Opponent: Houston Lanning-Rajwani | Judge: Petit, Roark, Ziegler
1AC
Presidential war powers come not from our judicial or legislative institutions, but from aesthetic performances – this allows the president to expand the scope of presidential power while seemingly decreasing it
Dudziak ’12 (2/17 Mary L – a professor of law, history and political science at the University of Southern California, is the author of “War Time: An Idea, Its History, Its Consequences.”) “How Presidential War Power is Made, or why rhetoric matters to war powers” http://balkin.blogspot.com/2012/02/how-presidential-war-power-is-made-or.html
Over at Lawfare, Benjamin Wittes found my op-ed in yesterday’s New York
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one of my arguments generally – in a more nuanced and interdisciplinary way.
This aesthetic standard within the presidency, does not manifest itself in objective terms, rather is functions to interpret our standards of beauty, pervading all analysis of intellectual criticism
Buruma 12 professor of democracy and human rights at Bard College, doctorate in theology (Ian, 10/10/12, “Beauty and campaigning for the American presidency,” http://www.praguepost.com/opinion/14488-beauty-and-campaigning-for-the-american-presidency.html, RBatra)
What is the point of a presidential debate? In the context of American presidential
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- part ideological, part beauty contest - can start all over again.
Aesthetic tendencies mirror the way that political practices operate – It’s no surprise that the dominant group is the one that gets to define beauty – this has historically been used as a tool to marginalize and otherize
Craig 2k6 (Maxine, “Race, beauty, and the tangled knot of a guilty pleasure” Feminist Theory 2006 7: 159)
Discourses of race and beauty are often intertwined. Racist ideologies commonly promote the appearance
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a normalizing discourse that marks women of colour as abnormal and thus flawed.
Beauty standards’ reliance on bodily difference create classes of monsters perpetually used to oppress and eliminate entire populations  
Przyby?o 2010 (Ela, currently completing a PhD in Women's Studies at York University, “The Politics of Ugliness” http://www.gla.ac.uk/media/media_180322_en.pdf)
Ugly Specimen II: The Monstrous Body ¶ Monstrosity denotes anything that is horrifying,
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? of body and beauty ideals (Butler 2006, p.185).

Vote affirmative to affirm ugly.
Beauty as a concept allows for violence. The affirmative takes the vital step of confronting the ugly/beautiful binary to dismantle and challenge its power. This functions to reclaim and transform aesthetics to affirm the perspectives of the ugly
Mingus 2011 (Mia, Full text of a keynote address for the Femmes of Colour symposium, queer physically disabled woman of color, korean transracial and transnational adoptee writer and organizer “moving towards the ugly” http://leavingevidence.wordpress.com/2011/08/22/moving-toward-the-ugly-a-politic-beyond-desirability/)
As femmes of color—however we identify—we have to push ourselves to
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of the week. I would rather you be ugly—magnificently ugly.
This embrace of imperfection is the most decisive move for breaking the status quo aesthetic contract—it exposes fully the arbitrary ironies of status quo aesthetic domination, this act can reshape consciousness and create a dialogue that denies the universality of the dominant Aesthetic.
Taylor, 1998 Clyde R. Taylor, film scholar and literary/cultural essayist, is Professor at the Gallatin School and in Africana Studies, New York University. His publications include Vietnam and Black America and the script for Midnight Ramble, a documentary about early Black independent cinema, “The Mask of Art—breaking the aesthetic contract”  
Espinosa's argument furthers the critique of aestheticism and the art-culzture system. To
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in aesthetic humanism was partner to the fabrication of White¬ness out of whiteness.
Embracing ugly abandons the binary allowing for an active, deconstruction
Przyby?o 2010 (Ela, currently completing a PhD in Women's Studies at York University, “The Politics of Ugliness” http://www.gla.ac.uk/media/media_180322_en.pdf)
Butler?s „performativity?, which acknowledges the necessarily laborious and repetitive nature of
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of pride: as a site of presence, struggle, and endurance.
All politics is aesthetic—subordinating our 1ac to the goals of a prior political commitment is a depoliticizing move to void the interruptive potential of that aesthetic
Schlag, '2 Pierre, Dheidt’s Real Father/BFF and Byron White Professor of Law, University of Colorado School of Law, “Commentary:  The Aesthetics of American Law” 115 Harv. L. Rev. 1047

The various aesthetics, as suggested, are more or less conducive to various
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or ethical view that is not at all conducive to one's own aesthetics.
The aff shifts conversations to a question of how we OUGHT to live as opposed to the ways we are perceived – only this solves true liberation
Brown 95—prof at UC Berkeley (Wendy, States of Injury, 47-51)
The postmodern exposure of the imposed and created rather than dis- covered character of
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identity, and morality and to redress our underdeveloped taste for political argument.

Tournament: Ndt | Round: 4 | Opponent: Iowa Hancock-Kann | Judge: Cronin, Mulholand, Strange
Contention 1: Rhetoric
Use of credibility justifications allow presidential adventurism and lock presidents into war
Sitaraman ’14 (January; Ganesh - Assistant Professor of Law @ Vanderbilt) “Credibility and War Powers” http://www.harvardlawreview.org/issues/127/january14/forum_1024.php#_ftn4
Those conflicts go nuclear
Arbatov, 13 Military Power in World Politics in the 21st Century Alexei Arbatov is Director of the International Security Center at the Institute of World Economy and International Relations; Full Member of the Russian Academy of Sciences, Real and Imaginary Threats, http://eng.globalaffairs.ru/number/Real-and-Imaginary-Threats-15925
Specifically, red lines encourage Russian aggression, forcing US military response over Ukraine
Kaplan 3/3/14 (Rebecca is a political reporter for CBSNews.com) “Ukraine conflict tests Obama's credibility on the world stage” http://www.cbsnews.com/news/ukraine-conflict-tests-obamas-credibility-on-the-world-stage/
Makes nuclear war and extinction likely
Baum 3/7/14 (Seth- Executive Director, Global Catastrophic Risk Institute) “Best And Worst Case Scenarios for Ukraine Crisis: World Peace And Nuclear War” http://www.huffingtonpost.com/seth-baum/best-and-worst-case-scena_b_4915315.html
Even absent Ukraine showdown or escalation, it sets the stage for Russia expansion – Crimea indicates a key policy pivot and Putin is willing to exploit Obama credibility failures
Charap and Darden  3/3/14 (Samuel is IISS Senior Fellow for Russia and Eurasia. Keith is an Associate Professor in the School of International Service at American University.) “Samuel Charap and Keith Darden: Russia’s unclear motives in Ukraine” http://www.iiss.org/en/politics20and20strategy/blogsections/2014-d2de/february-1d08/ukraine-russia-088f
Failure to check Russia leads to aggressive Russian expansionism
Olcott 3/5/14 (Martha-SENIOR ASSOCIATE¶ RUSSIA AND EURASIA PROGRAM AND¶ CO-DIRECTOR¶ AL-FARABI CARNEGIE PROGRAM ON CENTRAL ASIA “After Crimea: Will Kazakhstan be Next in Putin’s Reintegration Project?” http://carnegieendowment.org/2014/03/05/after-crimea-will-kazakhstan-be-next-in-putin-s-reintegration-project/h2ia
That causes US-Russia nuclear war
Blank ‘7 (Stephen Blank , Research Professor of National Security Affairs at the Strategic Studies Institute of the U.S. Army War College, “Russian Democracy, Revisited” Spring, http://www.securityaffairs.org/issues/2007/12/blank.php, accessed January 12th from Google)  
Makes the risk of nuclear war uniquely high – tensions increase the chances of miscalc
Barret, Baum, and Hostetler ’13 (Jun, 28; Anthony- Global Catastrophic Risk Institute; Seth- Center for Research on Environmental Decisions, Columbia University; Kelly- Department of Geography, Pennsylvania State University) “Analyzing and Reducing the Risks of Inadvertent Nuclear War Between the United States  and Russia”
Contention 2: Credibility
Obama’s use of threats fail in the squo- wrecks US credibility
Galbraith ’13 (Jean - Assistant Professor of Law, Rutgers School of Law at Camden.) “INTERNATIONAL LAW AND THE DOMESTIC ¶ SEPARATION OF POWERS” http://www.utexas.edu/law/journals/tlr/sources/Volume2092/Issue204/Bradley/DSB/Bradley.fn294.3.SB.pdf
Scenario 1 is the UN
Loss of UN Credibility causes extinction
Tharooor, 03 Shashi Tharoor, is the Indian Minister of State for Human Resource Development, Member of Parliament (MP) from the Thiruvananthapuram of Kerala, an author and a columnist, Tharoor subsequently obtained a Bachelor of Arts degree in history from St. Stephen's College in Delhi.5 and went on to pursue graduate studies at The Fletcher School of Law and Diplomacy at Tufts University, from where he obtained an M.A in 1976, an M.A.L.D in 1977 and a Ph.D. in 1979 at age 23.6, http://www.cfr.org/world/why-america-still-needs-united-nations/p7567
Scenario 2 is North Korea
US threats are failing now- causes a shift towards confrontation
Julian Ryall 9/10, Japan Correspondent for The Daily Telegraph, "Back to business as usual for North Korea", 2013, www.dw.de/back-to-business-as-usual-for-north-korea/a-17077430
Korean war goes nuclear, spills over globally---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, “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
Guarantees extinction---interdependence and squo institutions don’t check
Mohan 13, C. Raja distinguished fellow at the Observer Research Foundation in New Delhi, March 2013, Emerging Geopolitical Trends and Security in the Association of Southeast Asian Nations, the People’s Republic of China, and India (ACI) Region,” background paper for the Asian Development Bank Institute study on the Role of Key Emerging Economies, http://www.iadb.org/intal/intalcdi/PE/2013/10737.pdf
Only credibility of threats can prevent Kim Jong Un from initiating conflict
David S. Maxwell 12, the Associate Director of the Center for Peace and Security Studies and the Security Studies Program in the School of Foreign Service of Georgetown University, “IS THE KIM FAMILY REGIME RATIONAL AND WHY DON’T THE NORTH KOREAN PEOPLE REBEL?”, January, Foreign Policy Research Institute, http://www.fpri.org/enotes/2012/201201.maxwell.nkorea.html
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, “Strategic Culture and Tailored Deterrence: Bridging the Gap between Theory and Practice”, Contemporary Security Policy, Vol.30, No.3 (December 2009), pp.467-485, http://www.contemporarysecuritypolicy.org/assets/CSP-30-3-Lantis.pdf

Plan
The United States federal government should statutorily restrict the war powers authority of the President of the United States to use credibility as a justification for introducing United States Armed Forces into hostilities.
Solvency
Credibility claims are self defeating, should be removed
Sitaraman ’14 (January; Ganesh - Assistant Professor of Law @ Vanderbilt) “Credibility and War Powers” http://www.harvardlawreview.org/issues/127/january14/forum_1024.php#_ftn4
Institutional checks prevent circumvention – legislative influence, pol cap, public perception, intel leaks, and international perception deter the president from making threats they can’t follow through on
Waxman ’14 (Matthew C.- Professor of Law, Columbia Law School; Adjunct Senior Fellow for Law and Foreign Policy, Council on Foreign Relations.) “The Power to Threaten War”
The plan provides the necessary credibility to deter aggression
Waxman ’14 (Matthew C.- Professor of Law, Columbia Law School; Adjunct Senior Fellow for Law and Foreign Policy, Council on Foreign Relations.) “The Power to Threaten War”
Congressional authorization requirements are key- presidents issue threats less often and other nations take them more seriously
Waxman ’14 (Matthew C.- Professor of Law, Columbia Law School; Adjunct Senior Fellow for Law and Foreign Policy, Council on Foreign Relations.) “The Power to Threaten War”
Credible threats decrease the likelihood of militarized disputes - Statistical analysis and empirics prove international actors monitor and respond to US threat statements
McManus ’13 (9/14; Roseanne- PolSci Prof@ University of Wisconsin–Madison)“Fighting Words:  The Effectiveness of Statements of Resolve in International Conflict” https://mywebspace.wisc.edu/rmcmanus/web/Effect20of20Statements.pdf

Requiring Presidential consultation with Congress creates clarity and pragmatic oversight of introducing armed forces into hostilities
James A. Baker 11, Previous Secretary of State and Lee H. Hamilton, former Democratic representative from Indiana who chaired the House Committee on Foreign Affairs, "Breaking the war powers stalemate", June 9,  www.washingtonpost.com/opinions/breaking-the-war-powers-stalemate/2011/06/08/AGX0CrNH_story.html

Tournament: UNT | Round: Semis | Opponent: Baylor Bacon-Boor | Judge: Spring, Stone, Ziegler
1AC Plan Text
The United States federal judiciary should apply a clear statement principle to presidential war powers authority that the Suspension Clause applies to individuals indefinitely detained at the will of the United States
1AC Legitimacy
Advantage 1 is Legitimacy
Two internal links
First is habeas hypocrisy
Yang ’11 (Christina – dissertation @ Emory, advised by Michael Sullivan - PhD, Vanderbilt University, 2000 JD, Yale Law School, 1998 “Reconstructing Habeas: Towards a New Emergency Scheme!”
“The concern that the Executive could move detainees physically beyond the reach of
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of the legal commitments they too have made.”108
Second is judicial deference
Robert Knowles 9, Acting Assistant Professor, New York University School of Law, Spring, “Article: American Hegemony and the Foreign Affairs Constitution”, 41 Ariz. St. L.J. 87, Lexis
The hegemonic model also reduces the need for executive branch flexibility, and the institutional
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courts to reduce the "deference gap" between foreign and domestic cases.
The only alternative is great power wars – withdraw or loss of cred collapses the international order
Kromah 9, Masters Student in IR February 2009, Lamii Moivi Kromah at the Department of International Relations
University of the Witwatersrand, “The Institutional Nature of U.S. Hegemony: Post 9/11”, http://wiredspace.wits.ac.za/bitstream/handle/10539/7301/MARR2009.pdf?sequence=1
A final major gain to the United States from the benevolent hegemony has perhaps been
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to facilitate its ability to extract contributions from other members of the system.
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No offense – legitimacy determines power and withdraw guarantees extinction
Knowles ‘9 (Robert, Acting assistant Professor, New York University School of Law, “American Hegemony and the Foreign Affairs Constitution,” Arizona State Law Journal, 41 Ariz. St. L.J. 87, October)
International relations scholars are still struggling to define the current era. The U.
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the same project that the courts constantly grapple with in adjudicating domestic disputes.
1AC Iraq
Advantage 2 is Iraq
Judicial intervention into detention is inevitable but court ruling will determine the role that they play
Chesney 13, Law Prof at UT (November, Robert, BEYOND THE BATTLEFIELD, BEYOND AL QAEDA: THE DESTABILIZING LEGAL ARCHITECTURE OF COUNTERTERRORISM, 112 Mich. L. Rev. 163)
The government will not be able to simply ride out the legal friction generated by
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challenge could lead a judge to weigh in on the organizational boundary question.

US rule of law leadership on indefinite detention solves Iraqi civil war
Scharf et al 9, PILPG Managing Director Professor Michael P. Scharf is the PILPG Managing Director, John Deaver Drinko — Baker and Hostetler Professor of Law and Director of the Frederick K. Cox International Law Center at the Case Western Reserve University School of Law, “BRIEF OF THE PUBLIC INTERNATIONAL LAW and POLICY GROUP AS AMICUS CURIAE IN SUPPORT OF PETITIONERS”, www.americanbar.org/content/dam/aba/publishing/preview/publiced_preview_briefs_pdfs_09_10_08_1234_PetitionerAmCuPILPG.authcheckdam.pdf
As the foregoing examples illustrate, foreign governments rely on the precedent set by the
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upholds the rule of law, foreign judges are more likely to follow.
Data proves Iraqi civil war is inevitable—only strong systems of governance can stabilize the country
Cordesman and Khazai 9/9, Arleigh Burke Chair in Strategy at CSIS
09/09/13, Anthony H. Cordesman holds the Arleigh A. Burke Chair in Strategy at CSIS, and Sam Khazai is an Associate at CSIS _{“Violence in Iraq: The Growing Risk of Serious Civil Conflict”, https://csis.org/files/publication/120718_Iraq_US_Withdrawal_Search_SecStab.pdf
Iraq is a nation with great potential and its political divisions and ongoing low-
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failures may cause a new major civil war or even divide the country.
Strengthened judicial independence is key to solve that – addresses alt causes
Pimental and Anderson 13, Associate and Assistant Professors of Law
June 2013, David Pimentel is Visiting Associate Professor of Law, Ohio Northern University;  Brian Anderson is a Reference Librarian and Assistant Professor, also at Ohio Northern University, “Judicial Independence in Post-Conflict Iraq: Establishing the Rule of Law in an Islamic Constitutional Democracy”, http://works.bepress.com/cgi/viewcontent.cgi?article=1013andcontext=david_pimentel
Contemporary Iraq is facing the full range of challenges that come with post-conflict
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vigilante score-settling that signals the breakdown of the Rule of Law.
Global nuclear war
Morgan 7 (Former member of the British Labour Party Executive Committee, 3/4, "Better another Taliban Afghanistan, than a Taliban NUCLEAR Pakistan!?" http://www.electricarticles.com/display.aspx?id=639)
The nightmare that is now Iraq would take on gothic proportions across the continent.
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in a new Cold War with China and Russia pitted against the US.
1AC Afghanistan
Advantage 3 is Afghanistan
Afghanistan will implement indefinite detention policies- their judiciary is modeled on the United States
Rodgers 12 (Chris Rogers is a human rights lawyer for the Open Society Foundations specializing in human rights and conflict in Afghanistan and Pakistan, May 14, “Karzai's bid for a dictatorial detention law”, http://afpak.foreignpolicy.com/posts/2012/05/14/karzais_bid_for_a_dictatorial_detention_law)
As part of the agreement to transfer control of Bagram, the Afghan government is
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responsibly ending the war in Afghanistan requires defending, not betraying this principle.}

Indefinite detention erodes faith in the rule of law and ruins the Afghan judiciary
ICG 10 (International Crisis Group, November 17, “REFORMING AFGHANISTAN’S BROKEN JUDICIARY”, http://www.crisisgroup.org/~/media/Files/asia/south-asia/afghanistan/19520Reforming20Afghanistans20Broken20Judiciary.ashx)
U.S. detention policy has frequently been cited by Afghan   and international legal
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240 This and other issues should be clarified before the transition in 2011. 

Starting with US policy is key- perception of hypocrisy replicates indefinite detention
Eviatar 12 (Daphne Eviatar  Law and Security Program Human Rights First, 1-9, “The Latest Skirmish in Afghanistan: Hate to Say We Told You So”, http://www.humanrightsfirst.org/2012/01/09/the-latest-skirmish-in-afghanistan-hate-to-say-we-told-you-so/)
Responsibility begins with due process.  As we wrote in our report in May,
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to start providing real justice to the thousands of prisoners in its custody.

Strong Afghan judiciary key to post-drawdown strategy
ICG 10 (International Crisis Group, November 17, “REFORMING AFGHANISTAN’S BROKEN JUDICIARY”, http://www.crisisgroup.org/~/media/Files/asia/south-asia/afghanistan/19520Reforming20Afghanistans20Broken20Judiciary.ashx)
A substantial course correction is needed to restore the   rule of law in Afghanistan.
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control of detention facilities is smooth, transparent and adheres to international law.

That’s key to long-term stability
The Nation 9 (Nov. 11, 2009, http://www.nation.com.pk/pakistan-news-newspaper-daily-english-online/International/11-Nov-2009/UN-body-urges-Karzai-to-fight-corruption)
UNITED NATIONS - The UN General Assembly has urged the government of re-elected
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Equally important was building the civilian institutions at the central and subnational levels.
Post-drawdown Afghan state collapse leads to nuclear war
Cronin 13 (Audrey Kurth Cronin is Professor of Public Policy at George Mason University and author of How Terrorism Ends and Great Power Politics and the Struggle over Austria. Thinking Long on Afghanistan: Could it be Neutralized? Center for Strategic and International Studies The Washington Quarterly • 36:1 pp. 55_72 http://dx.doi.org/10.1080/0163660X.2013.751650)
With ISAF withdrawal inevitable, a sea change is already underway: the question is
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except this time the outcome could be not just terrorism but nuclear war.
Multiple scenarios for escalation
Rubin, 11 (Joel, Director of Policy and Government Affairs, Ploughshares Fund, former congressional aide and diplomat, fellow at the State Department in both Near Eastern Affairs and Political-Military Affairs, Master’s degree in Public Policy and Business Administration from Carnegie Mellon University and a Bachelor’s degree in Politics from Brandeis University, Huffington Post, 77/2011, http://www.huffingtonpost.com/joel-rubin/middle-east-nuclear-threat_b_891178.html)
The national security calculus of keeping U.S. forces in Afghanistan has shifted
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has the greatest risk of arms races and nuclear conflict in the world.
1AC Solvency
SCOTUS should extend the writ – the precedents exist already
Siegel ’12 (Ashley - J.D., Boston University School of Law, 2012; B.A. Philosophy and Political Science, Simmons College, 2007) “SOME HOLDS BARRED: EXTENDING EXECUTIVE DETENTION HABEAS LAW BEYOND GUANTANAMO BAY”
The September 11, 2001, terrorist attacks have had a radical impact on the
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by foreign nations at the behest of the U.S. government.
Applying a clear statement principle solves- significantly restricts detention authority
Sarah Erickson-Muschko (J.D., Georgetown University Law Center) June 2013 “Beyond Individual Status: The Clear Statement Rule and the Scope of the AUMF Detention Authority in the United States” 101 Geo. L.J. 1399, Lexis
III. EXISTING SCHOLARSHIP ON THE CLEAR STATEMENT RULE: THE FOCUS ON INDIVIDUAL STATUS
Many scholars have advanced arguments regarding the application of a clear statement principle to the
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entrusted with the guardianship of the Constitution and laws." 168

Plan solves – judiciary review and habeas rights
Sidhu 11  2011, Dawinder S. Sidhu, J.D., The George Washington University; M.A., Johns Hopkins University; B.A., University of Pennsylvania, Judicial Review as Soft Power: How the Courts Can Help Us Win the Post-9/11 Conflict”, NATIONAL SECURITY LAW BRIEF, Vol. 1, Issue 1 http://digitalcommons.wcl.american.edu/cgi/viewcontent.cgi?article=1003andcontext=nslb
The “Great Wall” The writ of habeas corpus enables an individual to challenge
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unique and modern circumstances of the post-9/11 con? ict.
Suspension Clause application solves without sacrificing military missions
Nelson ’11 (Luke - B.A., University of Minnesota Duluth, 2007; J.D. Candidate, University of   New Hampshire School of Law, 2011) “Territorial Sovereignty and the Evolving Boumediene  Factors: Al Maqaleh v. Gates and the Future of Detainee   Habeas Corpus Rights” http://law.unh.edu/assets/images/uploads/publications/unh-law-review-vol-09-no2-nelson.pdf
Lastly, Al Maqaleh presents another opportunity for the Supreme   Court to provide further guidance
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detention-site application of the   habeas test that the Boumediene Court envisioned.

Tournament: Ndt | Round: 5 | Opponent: Weber State Hendricks-Tippets | Judge: Fifelski, Love, Sternhagen
Status quo lack of restrictions allow the president to indefinitely detain individuals without trial or charge, suppressing social justice movements at home and creating a state of exception abroad in regards to detention policy
Ford 11 (Glen, Black Action Radio. “The Racist Roots of Obama’s Preventative Detention” http://blackagendareport.com/content/racist-roots-obamaE28099s-preventive-detention)
Justifications for indefinite detention, however, are not neutral. Rather, they are entrenched in the construction of the monster-terrorist. The impact is radicalized acts of aggression in the name of preserving the all powerful nation state from evil.
Paur and Raj ‘2 (Jasbir K. Puar - Associate Professor of Women's and Gender Studies at Rutgers and Amit S. Rai - Senior Lecturer in New Media and Communication) “Monster, Terrorist, Fag: The War on Terrorism and the Production of Docile Patriots”
Fear of the monstorous as a justification strengthens the power of ugly. Empirically used to exclude and eliminate entire populations, the dominate power deploys ugly as a weapon against bodies that evade rigid classification, identifying them as monstorous and a target to be eliminated.
Przyby?o 2010 (Ela, currently completing a PhD in Women's Studies at York University, “The Politics of Ugliness” http://www.gla.ac.uk/media/media_180322_en.pdf)
At home these constructions create a broader state of violence against Muslims and bodies that are marked as them, resulting in xenophobic profiling and violence.
Wing 3, Bessie Dutton Murray Distinguished Professor of Law¶ Spring 2003, Adrien Katherine Wing 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. This paper was presented at the Civil Rights symposium of the Louisiana State“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, 63 La. L. Rev. (2003)
Even abroad this prejudice shapes US policy—notions of western superiority are a critical tool to drum up support for militaristic and elitist interventions
Kumar 13 09/11/13, Deepa Kumar 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
Therefore, The United States federal government should restrict presidential war powers by ruling that anyone indefinitely detained at the will of the United States has right to habeas corpus and that habeas corpus mandates release.  
Centering our praxis in this space is key—interrogating islamophobia in educational settings is critical to establish a critical consciousness that enables larger political projects
Housee 12, Senior Lecturer in Sociology Jan. 04 2012, Shirin Housee 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
Specifically, habeas demands force the state to acknowledge the individuals’ inherent humanity and shifts accountability to the state rather than the individual, decreasing instances of violence
Ahmad 9, Professor of Law¶ 2009, Muneer I. Ahmad is a Clinical Professor of Law, Yale Law School, “RESISTING GUANTÁNAMO: RIGHTS AT THE BRINK OF DEHUMANIZATION”, Northwestern University Law Review, Vol. 103, p. 1683, American University, WCL Research Paper No. 08-65
Deconstructing and interrogating flawed assumptions behind Islamphobia is critical to establish a transformative and liberatory pedagogy that enables us as agents to challenge racist dynamics
Zine 4, Professor of Sociology and Equity Studies 2004, Jasmin Zine 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

The government is currently able to control the discourse surrounding the war on terror -  Our reading and defense of the 1AC is essential to fill the discursive vacuum. Repeated iterations of our aff can change public psychology.
Zinn, 4  Howard Zinn, Our War on Terrorism, The Progressive, November 2004 Issue, https://www.progressive.org/nov04/zinn1104.html

Habeas extension acts as a means to presence traditionally ugly bodies in public. This abandons the ugly/beauty binary, allowing for an active, deconstruction of beauty regimes
Przyby?o 2010 (Ela, currently completing a PhD in Women's Studies at York University, “The Politics of Ugliness” http://www.gla.ac.uk/media/media_180322_en.pdf)

Tournament: NDT | Round: 1 | Opponent: Emory Dean-Klarman | Judge: Kearney, Perkins, Polin

1AC Plan Text

The United States federal judiciary should apply a clear statement principle to presidential war powers authority that the Suspension Clause applies to individuals indefinitely detained at the will of the United States

1AC Legitimacy

Advantage 1 is Legitimacy

Two internal links

First is habeas hypocrisy

Yang ’11 (Christina – dissertation @ Emory, advised by Michael Sullivan - PhD, Vanderbilt University, 2000 JD, Yale Law School, 1998 "Reconstructing Habeas: Towards a New Emergency Scheme21"
"~The~ concern that the Executive could move detainees physically beyond the reach of
AND
of ~the~ legal commitments they ~too~ have made."108

Second is judicial deference

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 "deference gap" between foreign and domestic cases.

The only alternative is great power wars – withdraw or loss of cred collapses the international order

Kromah 9, Masters Student in IR ~February 2009, Lamii Moivi Kromah at the Department of International Relations
University of the Witwatersrand, "The Institutional Nature of U.S. Hegemony: Post 9/11", http://wiredspace.wits.ac.za/bitstream/handle/10539/7301/MARR2009.pdf?sequence=1~~
A final major gain to the United States from the benevolent hegemony has perhaps been
AND
to facilitate its ability to extract contributions from other members of the system.
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No offense – legitimacy determines power and withdraw guarantees extinction

Knowles ’9 (Robert, Acting assistant Professor, New York University School of Law, "American Hegemony and the Foreign Affairs Constitution," Arizona State Law Journal, 41 Ariz. St. L.J. 87, October)
International relations scholars are still struggling to define the current era. The U.
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the same project that the courts constantly grapple with in adjudicating domestic disputes. 

1AC Iraq

Advantage 2 is Iraq

Judicial intervention into detention is inevitable – a wave of lawsuits is on the way

Chesney 13, Law Prof at UT (November, Robert, BEYOND THE BATTLEFIELD, BEYOND AL QAEDA: THE DESTABILIZING LEGAL ARCHITECTURE OF COUNTERTERRORISM, 112 Mich. L. Rev. 163)
The government will not be able to simply ride out the legal friction generated by
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challenge could lead a judge to weigh in on the organizational boundary question.

US rule of law leadership on indefinite detention solves Iraqi civil war

Scharf et al 9, PILPG Managing Director ~Professor Michael P. Scharf is the PILPG Managing Director, John Deaver Drinko — Baker 26 Hostetler Professor of Law and Director of the Frederick K. Cox International Law Center at the Case Western Reserve University School of Law, "BRIEF OF THE PUBLIC INTERNATIONAL LAW 26 POLICY GROUP AS AMICUS CURIAE IN SUPPORT OF PETITIONERS", www.americanbar.org/content/dam/aba/publishing/preview/publiced_preview_briefs_pdfs_09_10_08_1234_PetitionerAmCuPILPG.authcheckdam.pdf~
As the foregoing examples illustrate, foreign governments rely on the precedent set by the
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upholds the rule of law, foreign judges are more likely to follow.

Data proves Iraqi civil war is inevitable—only strong systems of governance can stabilize the country

Cordesman and Khazai 9/9, Arleigh Burke Chair in Strategy at CSIS
~09/09/13, Anthony H. Cordesman holds the Arleigh A. Burke Chair in Strategy at CSIS, and Sam Khazai is an Associate at CSIS _{"Violence in Iraq: The Growing Risk of Serious Civil Conflict", https://csis.org/files/publication/120718_Iraq_US_Withdrawal_Search_SecStab.pdf~~
Iraq is a nation with great potential and its political divisions and ongoing low-
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failures may cause a new major civil war or even divide the country.} 

Strengthened judicial independence is key to solve that – addresses alt causes

Pimental and Anderson 13, Associate and Assistant Professors of Law
~June 2013, David Pimentel is Visiting Associate Professor of Law, Ohio Northern University;  Brian Anderson is a Reference Librarian and Assistant Professor, also at Ohio Northern University, "Judicial Independence in Post-Conflict Iraq: Establishing the Rule of Law in an Islamic Constitutional Democracy", http://works.bepress.com/cgi/viewcontent.cgi?article=101326context=david_pimentel~~
Contemporary Iraq is facing the full range of challenges that come with post-conflict
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vigilante score-settling that signals the breakdown of the Rule of Law. 

Global nuclear war

Morgan 7 (Former member of the British Labour Party Executive Committee, 3/4, "Better another Taliban Afghanistan, than a Taliban NUCLEAR Pakistan21?" http://www.electricarticles.com/display.aspx?id=639)
The nightmare that is now Iraq would take on gothic proportions across the continent.
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in a new Cold War with China and Russia pitted against the US.

1AC Afghanistan

Advantage 3 is Afghanistan

Afghanistan will implement indefinite detention policies- their judiciary is modeled on the United States

Rodgers 12 (Chris Rogers is a human rights lawyer for the Open Society Foundations specializing in human rights and conflict in Afghanistan and Pakistan, May 14, "Karzai’s bid for a dictatorial detention law", http://afpak.foreignpolicy.com/posts/2012/05/14/karzais_bid_for_a_dictatorial_detention_law)
As part of the agreement to transfer control of Bagram, the Afghan government is
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responsibly ending the war in Afghanistan requires defending, not betraying this principle.

Indefinite detention erodes faith in the rule of law and ruins the Afghan judiciary
ICG 10 (International Crisis Group, November 17, "REFORMING AFGHANISTAN’S BROKEN JUDICIARY", http://www.crisisgroup.org/~~/media/Files/asia/south-asia/afghanistan/19520Reforming20Afghanistans20Broken20Judiciary.ashx)
U.S. detention policy has frequently been cited by Afghan   and international legal
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240 This and other issues should be clarified before the transition in 2011. 

Starting with US policy is key- perception of hypocrisy replicates indefinite detention

Eviatar 12 (Daphne Eviatar  Law and Security Program Human Rights First, 1-9, "The Latest Skirmish in Afghanistan: Hate to Say We Told You So", http://www.humanrightsfirst.org/2012/01/09/the-latest-skirmish-in-afghanistan-hate-to-say-we-told-you-so/)
Responsibility begins with due process.  As we wrote in our report in May,
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to start providing real justice to the thousands of prisoners in its custody.

Strong Afghan judiciary key to post-drawdown strategy

ICG 10 (International Crisis Group, November 17, "REFORMING AFGHANISTAN’S BROKEN JUDICIARY", http://www.crisisgroup.org/~~/media/Files/asia/south-asia/afghanistan/19520Reforming20Afghanistans20Broken20Judiciary.ashx)
A substantial course correction is needed to restore the   rule of law in Afghanistan.
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control of detention facilities is smooth, transparent and adheres to international law.

That’s key to long-term stability

The Nation 9 (Nov. 11, 2009, http://www.nation.com.pk/pakistan-news-newspaper-daily-english-online/International/11-Nov-2009/UN-body-urges-Karzai-to-fight-corruption)
UNITED NATIONS - The UN General Assembly has urged the government of re-elected
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Equally important was building the civilian institutions at the central and subnational levels.

Post-drawdown Afghan state collapse leads to nuclear war

Cronin 13 (Audrey Kurth Cronin is Professor of Public Policy at George Mason University and author of How Terrorism Ends and Great Power Politics and the Struggle over Austria. Thinking Long on Afghanistan: Could it be Neutralized? Center for Strategic and International Studies The Washington Quarterly • 36:1 pp. 55_72 http://dx.doi.org/10.1080/0163660X.2013.751650)
With ISAF withdrawal inevitable, a sea change is already underway: the question is
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except this time the outcome could be not just terrorism but nuclear war.

Multiple scenarios for escalation- India and Pakistan fight for influence

Rubin, 11 (Joel, Director of Policy and Government Affairs, Ploughshares Fund, former congressional aide and diplomat, fellow at the State Department in both Near Eastern Affairs and Political-Military Affairs, Master’s degree in Public Policy and Business Administration from Carnegie Mellon University and a Bachelor’s degree in Politics from Brandeis University, Huffington Post, 77/2011, http://www.huffingtonpost.com/joel-rubin/middle-east-nuclear-threat_b_891178.html)
The national security calculus of keeping U.S. forces in Afghanistan has shifted
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has the greatest risk of arms races and nuclear conflict in the world.

It’s the most likely scenario for conflict results in massive loss of life and epidemic disease

Shifferd 1/3/14 (Kent - Ph.D. in history from Northern Illinois University) "After a nuclear war between India and Pakistan – a global nuclear winter" http://nuclear-news.net/2014/01/07/after-a-nuclear-war-between-india-and-pakistan-a-global-nuclear-winter/
What could be worse than a nuclear war? A nuclear famine following a nuclear
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the next couple of decades……¶ And what follows famine is epidemic disease.

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, "Could the next big animal-to-human disease wipe us out?," The Guardian, pg. 29, Lexis
Infectious disease is all around us. It’s one of the basic processes that ecologists
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collapses? One possible factor is infectious disease, and viruses in particular.

1AC Solvency

Applying a clear statement principle solves- significantly restricts detention authority

Sarah Erickson-Muschko (J.D., Georgetown University Law Center) June 2013 "Beyond Individual Status: The Clear Statement Rule and the Scope of the AUMF Detention Authority in the United States" 101 Geo. L.J. 1399, Lexis
III. EXISTING SCHOLARSHIP ON THE CLEAR STATEMENT RULE: THE FOCUS ON INDIVIDUAL STATUS
Many scholars have advanced arguments regarding the application of a clear statement principle to the
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~e~ntrusted with the guardianship of the Constitution and laws." 168

Plan solves – judiciary review and habeas rights

Sidhu 11  ~2011, Dawinder S. Sidhu, J.D., The George Washington University; M.A., Johns Hopkins University; B.A., University of Pennsylvania, Judicial Review as Soft Power: How the Courts Can Help Us Win the Post-9/11 Conflict", NATIONAL SECURITY LAW BRIEF, Vol. 1, Issue 1 http://digitalcommons.wcl.american.edu/cgi/viewcontent.cgi?article=100326context=nslb~~
The "Great Wall" The writ of habeas corpus enables an individual to challenge
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unique and modern circumstances of the post-9/11 con? ict.

Suspension Clause application solves without sacrificing military missions

Nelson ’11 (Luke - B.A., University of Minnesota Duluth, 2007; J.D. Candidate, University of   New Hampshire School of Law, 2011) "Territorial Sovereignty and the Evolving Boumediene  Factors: Al Maqaleh v. Gates and the Future of Detainee   Habeas Corpus Rights" http://law.unh.edu/assets/images/uploads/publications/unh-law-review-vol-09-no2-nelson.pdf
Lastly, Al Maqaleh presents another opportunity for the Supreme   Court to provide further guidance
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detention-site application of the   habeas test that the Boumediene Court envisioned.

Must propose alternatives or else they are complicit with the evil they criticize

Issac 2—Professor of Political Science at Indiana-Bloomington, Director of the Center for the Study of Democracy and Public Life, PhD from Yale (Jeffery C., Dissent Magazine, Vol. 49, Iss. 2, "Ends, Means, and Politics," p. Proquest)
As a result, the most important political questions are simply not asked. It
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not true believers. It promotes arrogance. And it undermines political effectiveness.

NSA scandal won’t taint relations—-even if it’s never ending

David Francis 11/4, The Fiscal Times, "Why Europe Won’t Punish the U.S. over NSA Scandal", 2013, www.thefiscaltimes.com/Articles/2013/11/04/Why-Europe-Won-t-Punish-US-over-NSA-Scandal
At this point, the National Security Agency spying scandal seems never-ending.
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the standing of the United States with the European public and fringe lawmakers.