Tournament: SFSU | Round: 4 | Opponent: Los Rios Priyadarshini-Robinson | Judge: Magallon
ADV 1: Democratic Deliberation
Today’s security apparatus views the public as incapable of making decisions about self-defense. This has created a legitimacy deficit that prevents public from calling for transparency or challenging executive security decisions.
Rana 12 Aziz Assistant Professor of Law, Cornell University Law School; A.B., Harvard College; J.D., Yale Law School; PhD., Harvard University. Connecticut Law Review July, 2012 44 Conn. L. Rev. 1417 COMMENTARY: NATIONAL SECURITY: LEAD ARTICLE: Who Decides on Security?, lexis

Despite over six decades of reform initiatives ... such power back to the executive.

The executive’s use of the state secrets privilege assumes judges don’t have the expertise to decide issues of national security.
Chehab 11 Ahmad Georgetown University Law Center Spring, 2011 Wayne Law Review 57 Wayne L. Rev. 335 THE BUSH AND OBAMA ADMINISTRATIONS' INVOCATION OF THE STATE SECRET PRIVILEGE IN NATIONAL SECURITY LITIGATION: A PROPOSAL FOR ROBUST JUDICIAL REVIEW, lexis

Part IV proposes several possible methods ... litigant or class of litigants.

A vibrant public sphere is ONLY WAY to check gross forms of national security utilitarianism
Williams 8  *Daniel R, Associate Professor of Law, Northeastern University School of Law.
Penn State Law Review, Summer, 113 Penn St. L. Rev. 55

The classic Frankfurt School diagnosis ... definitive institution of democracy." 164 

Self-imposed exile and fear of the public sphere is pushing us to the brink of annihilation
Williams 8  *Daniel R, Associate Professor of Law, Northeastern University School of Law.
Penn State Law Review, Summer, 113 Penn St. L. Rev. 55

B. The Underbelly of the Enlightenment Heritage ... cultures built their now-defunct way of life.

We need a sustained public debate about the validity of secrecy to challenge the assumptions about security decisions and expertise.
Rana 12 Aziz Assistant Professor of Law, Cornell University Law School; A.B., Harvard College; J.D., Yale Law School; PhD., Harvard University. Connecticut Law Review July, 2012 44 Conn. L. Rev. 1417 COMMENTARY: NATIONAL SECURITY: LEAD ARTICLE: Who Decides on Security?, lexis

If the objective sociological claims at the center of ... arrangements to become ever more entrenched.

Public debate is key to transform political culture.
Giroux 13 Henry A. | currently holds the Global TV Network Chair Professorship at McMaster University in the English and Cultural Studies Department and a Distinguished Visiting Professorship at Ryerson University. The Shooting Gallery: Obama and the Vanishing Point of Democracy, Truthout, 2-12

At a time in history when American society is ... gallery and we are all potentially the targets.

ADV 2: Targeted Killing
Public debate about drone policy is on the rise. Obama’s latest attempts at transparency are REACTIONS to the public debate. The administration is on the defensive and looking for ways to justify its policies
Herb and Sink 13 Jeremy Herb and Justin Sink 03/08/13 (The Hill, Obama Faces Turning Point on Drone Policy)  
The public address by Obama highlights the ... And Rand Paul made it heard last night.”

Obama proposed a drone court to Congress to increase transparency.
The Guardian 13 “Obama drone oversight proposal prompts concern over 'kill courts'” May 24 http://www.theguardian.com/world/2013/may/24/obama-drone-vetting-kill-courts
Proposals to vet future US drone strikes risk ... and judicial authority," he said.

Ex Ante review would provide a veil of legitimacy while rubber-stamping the administration’s expansion of its campaign of global terror
Vladeck 13 Steve Vladeck 02/10/13 (Professor of Law and the Associate Dean for Scholarship at American University Washington College of Law. His teaching and research focus on federal jurisdiction, constitutional law, national security law, and international criminal law. “Why a “Drone Court” Won’t Work–But (Nominal) Damages Might...”, LawFare, from a conference hosted by Columbia Law School on targeted killings.)

That brings me to perhaps the biggest ... a drone court would be a very dangerous idea.

Drone strikes cause thousands of civilian deaths and do psychological violence to those who must constantly live with the threat of a strike.
Stanford Human Rights Clinic 12 “Living Under Drones Death, Injury, and Trauma to Civilians From US Drone Practices in Pakistan” Stanford International Human Rights and Conflict Resolution Clinic (IHRCRC) and Global Justice Clinic (GJC) at NYU School of Law September http://livingunderdrones.org/wp-content/uploads/2012/10/Stanford-NYU-LIVING-UNDER-DRONES.pdf

First, while civilian casualties are rarely ... now struggle to support themselves.

Probability should be evaluated before magnitude- each internal link makes their scenario less likely.
Rescher in 83, Prof. of Philosophy Nicholas Rescher, University of Pittsburgh Professor of Philosophy, “Risk: A Philosophical Introduction to the Theory of Risk Evaluation and Management” 1983
On this issue there is a systemic disagreement ... are treated as though they were zero.'3

People have a cognitive bias against high probability-low magnitude impacts. You should undervalue their DAs – the longer the chain of events the less likely the scenario
Yudkowsky 6 Eliezer, 8/31/2006. Singularity Institute for Artificial Intelligence Palo Alto, CA. “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.
4. The Conjunction Fallacy Linda is 31 years old, ... an awkward and unpoetic-sounding prophecy.

Plan
The United States Congress should create a statutory cause of action for damages for those unlawfully injured by targeted killing operations or their heirs that overrides the state secrets and official immunity doctrine and replaces them with carefully considered procedures for balancing the secrecy concerns.

Solvency
The plan overcomes current legal barriers to judicial review.
Vladeck 13 Steve Vladeck 02/10/13 (Professor of Law and the Associate Dean for Scholarship at American University Washington College of Law. His teaching and research focus on federal jurisdiction, constitutional law, national security law, and international criminal law. “Why a “Drone Court” Won’t Work–But (Nominal) Damages Might...”, LawFare, from a conference hosted by Columbia Law School on targeted killings.)

At first blush, it may seem like ... these legal issues would be overcome.

Law suits are a visible platform to spur public debates about human rights and generate media attention about executive secrecy.
Wexler 13 Lesley Wexler Professor of Law and Thomas A. Mengler Faculty Scholar, University of Illinois College of Law “The Role of the Judicial Branch during the Long War: Drone Courts, Damage Suits, and FOIA Requests” May 8 http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2262412

This chapter suggests the ... influence executive branch behavior.

Mobilizing civil society organizations is the most effective way to retrain executive power.
Cole 11 David, Professor, Georgetown University Law Center. Where Liberty Lies: Civil Society and Individual Rights After 9/11 Wayne Law Review, Winter, 57 Wayne L. Rev. 1203, lexis

The force of ordinary electoral politics ... with or without actual court decisions.

The aff advances a broader movement for more transparency and public accountability in war-making- we need to bring the debate to the public
Wexler 13 Lesley Wexler Professor of Law and Thomas A. Mengler Faculty Scholar, University of Illinois College of Law “The Role of the Judicial Branch during the Long War: Drone Courts, Damage Suits, and FOIA Requests” May 8 http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2262412

When the executive branch began ... prospect for such rulings seem quite dim.166

Courts are rallying point
Cole 11 David, Professor, Georgetown University Law Center. Where Liberty Lies: Civil Society and Individual Rights After 9/11 Wayne Law Review, Winter, 57 Wayne L. Rev. 1203, lexis

Learned Hand's assertion that as ... the political branches would not.

Innovations spillover – executives will try to demonstrate that they’re making improvements in other areas
Margulies 10 * Peter, Professor of Law, Roger Williams University. Judging Myopia in Hindsight: Bivens Actions, National Security Decisions, and the Rule of Law, 96 IOWA L. REV. 195
A carefully crafted damages remedy restrains ... as a central threat to constitutionalism.

Civil society organizations write the dominant narrative that influences court and executive decision
Cole 11 David, Professor, Georgetown University Law Center. Where Liberty Lies: Civil Society and Individual Rights After 9/11 Wayne Law Review, Winter, 57 Wayne L. Rev. 1203, lexis

Like the popular constitutionalists, Joseph Margulies ... and to invoking it in times of crisis.

Courts are critical to de-normalize the Jack Bauer syndrome
Delmas 6, Candice, Pf Philosophy, Georgia State University, "Liberalism and the Worst-Result Principle: Preventing Tyranny, Protecting Civil Liberty" Philosophy Theses. Paper 14.

If Endo can be seen as typical of effective ... of safeguarding civil liberty.

We don’t need to win that fiat is good in order to solve our aff- the aff is about building a culture of resilience.
Cole 11  David, Professor, Georgetown University Law Center. Wayne Law Review, Winter, 57 Wayne L. Rev. 1203

"Civil society constitutionalism," like "popular ... and popular constitutionalism is done.