Tournament: 2013babyjo | Round: 2 | Opponent: Kansas Monaghan-Nelson | Judge: Russell
Politics is Schmittian – congress and courts cannot effectively constrain the executive
Vermeule and Posner, 11 –  Adrian Vermeule, prof of Law at Harvard University Law School, Eric A Posner., prof of Law at the University of Chicago Law School, Executive Unbound: After the Madisonian Republic, Oxford University Press 2011

Our thesis is that these modifications to liberal legalism fail. Either they do not
AND
way to improve upon it, under the conditions of the administrative state.

Legal constraints have grey holes which maintain the façade of constraint that are ineffectual – that makes trust restraints difficult
Osborn 8 Timothy Kaufman is the Baker Ferguson Professor of Politics and Leadership at Whitman College; from 2002-06 as president of the American Civil Liberties of Washington; and he recently completed a term on the Executive Council of the American Political Science Association. Theory and Event  Volume 11, Issue 2
The examples cited in this section suggest not the formation of an utterly lawless regime
AND
, renders recognition of the problematic character of its exercise ever less likely.

The alt is to reject the aff in favor of building a culture of resilience
Vermeule and Posner 11 Adrian Vermeule, prof of Law at Harvard University Law School, Eric A Posner., prof of Law at the University of Chicago Law School, Executive Unbound: After the Madisonian Republic, Oxford University Press 2011

We do not yet live under a plebiscitary presidency. In such a system,
AND
better, despite the lack of a Madisonian separation of legislative and executive powers
1NC CP 

The Executive Branch of the United States should create “executive v. executive” divisions as per our Katyal evidence to promote internal separation of powers via separate and overlapping cabinet offices, mandatory review of government action by different agencies, civil-service protections for agency workers, reporting requirements to Congress, and an impartial decision-maker to resolve inter-agency conflicts.
Presidential veto power and executive deference mean external restraints fail – internal separation of powers constrains the president and leads to better decision making
Katyal ’6 Neal Katyal, Professor of Law @ Georgetown, The Yale Law Journal, “Internal Separation of Powers: Checking Today’s Most Dangerous Branch from Within” 115 Yale L.J. 2314, 2006
After all, Publius's view of separation of powers presumes three branches with equivalent ambitions
AND
our government back in line with the principles envisioned by our Founders. 21

Tournament: 2013babyjo | Round: 4 | Opponent: UT Dallas Velasquez-Ogbuli | Judge: Kennedy
same stuff above

Tournament: 2013babyjo | Round: 2 | Opponent: Kansas Monaghan-Nelson | Judge: Russell
2NC Armed Forces Overview

---Bad for the left--- as progressives stay focused on the law, conservatives chalk up more wins.  We need to get our attention out of the law and law reviews.  Our incessant fidelity to the constitutional scholarship is WORSE than doing nothing.
 WEST 6, Pf Law @ Georgetown, (Robin, Harvard Journal of Law and Gender, Winter, lexis)

And law is indeed a strikingly conservative and conserving set of institutions and practices.
AND
to both, and we ought to start figuring out what they are.

---hold their internal links to a high threshold---individuals exaggerate claims because of tyrannaphobia
Posner and Vermeule 9  Eric A Posner., prof of Law at the University of Chicago Law School, Adrian Vermeule, prof of Law at Harvard University Law School, CHICAGO PUBLIC LAW AND LEGALTHEORYWORKING PAPERNO. 276, September 2009, http://www.law.uchicago.edu/files/file/276-eap-tyrannophobia.pdf
Psychologists have offered a number of hypotheses for why people have incorrect  beliefs about the
AND
constant or even decline, depending on the actual strength of the political  checks

2NC Generic Link Wall

 (2) deference – courts defer to executive and create a rubber stamp model that would just rule in favor of the executive if they violated the law or dismiss it on procedural grounds---this is empirically true for the 3 times the executive has been sued for violating the WPR
Driesen 9  * David M. University Professor, Syracuse University; Fordham Law Review, October, 78 Fordham L. Rev. 71
The executive branch often interprets the vast body of law it administers unilaterally. In
AND
executive toward secret policy making of his own largely unrestrained by law. 221

(3) national emergencies---laws are riddled with them intentionally
Vermeule 9  *Adrian, John H. Watson, Jr. Professor of Law, Harvard Law School. Harvard Law Review, 122 Harv. L. Rev. 1095, February
In the modest version, once the layers of interpretive dross and continental conceptualisms are
AND
legal black holes and legal grey holes that are integral to its structure.

President just needs to declare an emergency power and it gives them unlimited power---AUMF proves
Thronson 13  * Patrick A., University of Michigan Law School; University of Michigan Journal of Law Reform, Winter, 46 U. Mich. J.L. Reform 737

Presidential declarations of national emergency furnish the President with broad military and foreign affairs powers
AND
, and waive statutory limitations on the size of the armed forces. 221

obama declared to end the war on terror and then proceeded to ramp up drones
Ford 13  Glen, Editor of Black Agenda Report, Perpetual War and Obama’s Perpetual Con Game 6-2, http://www.globalresearch.ca/page/21?p=0In

President Obama’s perpetual scam machine is in high gear – which signals another expansion of
AND
terrorists” as defined by himself. He has no apologies for that.

(

(7) the president can bend the light of the law---government lawyers can bend the plan to blow off the law---it’s the same reason the OLC legitimates all of the executive laws
Shane 12  *Peter M. Jacob E. Davis and Jacob E. Davis II Chair in Law, The Ohio State University Moritz School of Law. From 1978 to 1981, served in the Office of Legal Counsel, U.S. Department of Justice. Journal of National Security Law and Policy, 5 J. Nat'l Security L. and Pol'y 507

Yet, the ideological prism of presidentialism can bend the light of the law so
AND
to see the Justice Department's legal analysis of what NSA was doing." 8

2NC Alternative 

the government has failed to sufficiently check use of force policies by the executive---public constraints produce the only true check---authority eminates from culture as presidents care about electoral votes, elections and legacy far more than legal authority
Huq 12  + Aziz Z. Assistant Professor of Law, University of Chicago Law School. University of Chicago Law Review, Spring, 79 U. Chi. L. Rev. 777
Credibility is the main mechanism of political control analyzed in The Executive Unbound. But
AND
advantage in policy making and in credibility-induced fidelity to democratic wishes.

Influencing political culture is more effective than legal rules---executive action is contingent on public credibility.
 Vermeule and Posner 11 Adrian Vermeule, prof of Law at Harvard University Law School, Eric A Posner., prof of Law at the University of Chicago Law School, Executive Unbound: After the Madisonian Republic, Oxford University Press 2011
In this chapter, we discuss this puzzle. Our argument is simple; the
AND
These mechanisms are the institutional replacements for Madison’s system of separation of powers.
Throughout the chapter, we focus on the presidency, because presiden¬tial power allows us to make our points about elections and political con¬straints in the most vivid cases. However, our points will also apply, at one remove, to agency officials appointed by an elected president. The execu¬tive includes more than the presidency, but if our argument convincingly characterizes the presidency, it characterizes the executive generally.

(3) intervention is a public question not a legal one
Forte 13   Maximilian, Pf Political Anthropology - Concordia University, ZERO ANTHROPOLOGY, 6-16, http://zeroanthropology.net/2013/06/16/the-global-war-on-terror-is-not-endless-a-pan-african-view/

The definition of a terrorist under Homeland Security and the Patriot Act has been so
AND
able to mobilize young people to call for increased military intervention in Africa.

Tournament: 2013babyjo | Round: 5 | Opponent: Central Oklahoma Hamm-Botkin | Judge: Bricker
US Drone Strikes are decreasing  
Pakistan News and Views 7/26/13 (“U.S Drones Strikes has Decreased Due To Its Criticism”, http://pakistannewsviews.com/u-s-drone-strikes-has-decreased-due-to-its-criticism/)
The tempo of CIA drone strikes in Pakistan has slowed significantly in recent months,
AND
continue at the current rate, citing concerns over the civilian death toll.

Detainee protections increase the incentives for kill rather than capture

Crandall 13 Carla, Law Clerk to the Honorable Carolyn Dineen King, U.S. Court of Appeals for the Fifth Circuit. J.D., J. Reuben Clark Law School, Brigham Young University. "If You Can't Beat Them, Kill Them: Complex Adaptive Systems Theory and the Rise in Targeted Killing,"Seton Hall Law Review: Vol. 43: Iss. 2, Article 3. http://erepository.law.shu.edu/shlr/vol43/iss2/3

But while these developments have been hailed as victories by civil libertarians, they have
AND
that can arise as a result of human intervention into complex adaptive systems.

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 acknowledged by the US government, there is
AND
loved ones or their homes in drone strikes now struggle to support themselves.

Tournament: NDT | Round: 1 | Opponent: Baylor BB | Judge: Jonathan Paul, Brett Bricker, David Heidt
The United States federal government should adhere to human rights law requirement that force only be used as a last resort when absolutely necessary for the protection of innocent victims, and attempt to capture a suspected terrorist before any targeted killing or detention operations

The CP is what their aff authors call for - they do not believe in including "militant or armed win of Al-Qaeda, Taliban or associate forces"
Blank 12 Laurie Blank, Director, International Humanitarian Law Clinic, Emory Law School, 2012, Targeted Strikes: The Consequences of Blurring the Armed Conflict and Self-Defense Justifications
In contrast, human … conflating the two paradigms.¶ 

the aff is a double turn - their advantages are self defense bad, but the aff codifies self defense against the militant wing of Al-Qaeda, Taliban, and associate forces - this legitimizes anticipatory self defense since there is no way to define who or what is an associate force.
Chesney 13 Robert, professor of law at University of Texas, Austin, BEYOND THE BATTLEFIELD, BEYOND AL QAEDA: THE DESTABILIZING LEGAL ARCHITECTURE OF COUNTERTERRORISM, 112 Mich. L. Rev. 163, November 2013
There are two legal … cobelligerency type of analysis.

The plan is self-defense doctrine- targeted non-state actors is not consistent with norms against self-defense
Martin 11 - 1AC author
Associate Professor of Law at Washburn University School of Law (Craig, “GOING MEDIEVAL: TARGETED KILLING, SELF?DEFENSE AND THE JUS AD BELLUM REGIME” SSRN)
NSA = Non State Actors
In sum, the proposition … between nuclear powers.77

Tournament: NDT | Round: 1 | Opponent: Baylor BB | Judge: Jonathan Paul, Brett Bricker, David Heidt
The president of the United States should issue an executive order mandating the following: 

-limit the authority of the president by limiting the targets of presidential indefinite and targeted killing war powers authorities to al-Qaeda, the Taliban, or those nations, organizations, or persons who enjoy close and well-established collaboration with al-Qaeda or the Taliban.

-make enforcement the enforcement of the order subject to judicial review

the cp solves the case
Vermule and Posner, 7 – (Eric, The University of Chicago Law School Professor, Adrian, Harvard Law School Professor of Law, 200, The Credible Executive, 74 U. Chi. L. Rev. 865)
The Madisonian system of …  institution ever enforces it.

Tournament: NDT | Round: 1 | Opponent: Baylor BB | Judge: Jonathan Paul, Brett Bricker, David Heidt
Your aff is the squo - Obama already narrowed the War on Terror to the 'Taliban, Al-Qaeda, or associated forces' and uses this in his authority.
Hallett 13 Brien, Associate Professor of Peace Studies at Hawaii University, Matsunaga Institute for Peace, Jeh Johnson and Endless Ambiguity: The 'Armed Conflict Against Al Qaeda and Associated Forces', March 25, 2013, http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2238929anddownload=yes
Second, the Bush Administration's … or its coalition partners.

The executive does whatever they want now- proves no uniqueness and circumvention
Branfman 13  Fred, Director of Project Air War, interviewed the first Lao refugees brought down to Vientiane from the Plain of Jars in northern Laos, visited U.S. airbases in Thailand and South Vietnam, talking with U.S. Embassy officials, Alternet, 6-9
Whatever his personal … very legitimacy into question.

No bioterror impact
Leitenberg 5 (MILTON LEITENBERG is a senior research scholar at the University of Maryland and is the author of "Assessing the Biological Weapons and Bioterrorism Threat." LA Times – Feb 17th – lexis)
A pandemic flu ..  have trained terrorists.

No challenges to the AUMF
Greenwald 13  Glenn, The Guardian, 5-17, http://www.theguardian.com/commentisfree/2013/may/17/endless-war-on-terror-obamaon security and liberty
And then there’s … those determinations are made.”

YES Congress may dislike the AUMF, but they won’t agree to challenge it
Knox June, Oliver, Yahoo! News June 21, 2013, http://news.yahoo.com/blogs/ticket/congress-struggles-ending-war-afghanistan-iraq-213153386.html
Enter Democratic Rep. Adam Schiff … Schiff told Yahoo News.

The precedent that has already been set means they can never resolve separation of powers because the legal norms are already codified into law and provide a defense of the executive action to get away with what they want
Ackerman and Hathaway, 11 – (1/1, S terling Professor of Law and Political Science at Yale, Bruce, Limit ed W a r a nd the C ons t itut ion: I r a q a nd the C r i si s of P r eside n t i al Leg alit y,” http://digitalcommons.law.yale.edu/cgi/viewcontent.cgi?article=4688andcontext=fss_papers)
This represented a breathtaking … balance of powers

Reject modeling claims
Zenko, 13 – (Micah, “The Signal and the Noise”, 2-2, www.foreignpolicy.com/articles/2013/02/20/the_signal_and_the_noise)
Later, Gen. Austin observed of cutting …. appease domestic audiences.

Tournament: NDT | Round: 1 | Opponent: Baylor BB | Judge: Jonathan Paul, Brett Bricker, David Heidt
Obama pushing Senate implementation of nuclear security measures
Barnes, 3-12-’14 (Diane, “Legislative Quagmire Grips Nuclear-Security Pacts in U.S.” National Journal, http://www.nationaljournal.com/congress/legislative-quagmire-grips-nuclear-security-pacts-in-u-s-20120312)
Just weeks before … process forward,” he said.

Plan tanks capital and derails the agenda – empirics prove
Kriner ’10 Douglas L. Kriner, assistant professor of political science at Boston University, “After the Rubicon: Congress, Presidents, and the Politics of Waging War”, University of Chicago Press, Dec 1, 2010, page 68-69
While congressional support … in the international arena.

Those new agreements are key to prevent nuclear terrorism – status quo is insufficient
Patrick, Senior Fellow for International Institutions at CFR, 3-24-’14 (Stewart, “Nuclear Security Summit 2014: How to Make Progress Even After Ukraine” http://blogs.cfr.org/patrick/2014/03/24/nuclear-security-summit-2014-how-to-make-progress-even-after-ukraine/)
Nevertheless, the risk remains… during internal crisis.

Nuclear terrorism causes global nuclear escalation – national retaliation goes global
Morgan, Professor of Foreign Studies at Hankuk University, ‘9 (Dennis Ray, December, “World on fire: two scenarios of the destruction of human civilization and possible extinction of the human race” Futures, Vol 41 Issue 10, p 683-693, ScienceDirect)
In a remarkable website on …and fragile ecosphere as well.

Tournament: NDT | Round: 1 | Opponent: Baylor BB | Judge: Jonathan Paul, Brett Bricker, David Heidt
Congressional and judicial restraints are a paper tiger that reinforce power of the Trumanites – the network of officials responsible for national security decision-making – that jacks solvency
Glennon, 14 Michael, Professor of International Law, Fletcher School of Law and Diplomacy, Tufts University, “National Security and Double Government,” National Security and Double Government”, Harvard National Security Journal / Vol. 5, pg 1-114
The first set of potential …but of the people?

The impact’s a permanent war economy—the model of the Trumanite bureaucracy is empirically responsible for every policy failure and disastrous authoritarianism
Glennon, 14 Michael, Professor of International Law, Fletcher School of Law and Diplomacy, Tufts University, “National Security and Double Government,” National Security and Double Government”, Harvard National Security Journal / Vol. 5, pg 1-114
Enough examples exist …not be a democracy

Our alternative is to refuse technical debates about war powers the posit legal solutions instead of political ones – this allows us to shift the frame and interrogate the methods in which we come to understand the 1ac
Rana, 11 Cornell Law (Aziz, “Who Decides on Security?”, Cornell Law Faculty Working Papers, Paper 87)
If anything, one can … ever more entrenched.

Tournament: NDT | Round: 1 | Opponent: Baylor BB | Judge: Jonathan Paul, Brett Bricker, David Heidt
Restrictions are prohibitions on actions
Schiedler-Brown, 12 – (Jean, 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 … restrict his license.

Restrictions on authority are distinct from conditions
Conner, 78 – (William former federal judge for the United States District Court for the Southern District of New York United States District Court, S. D. New York, CORPORACION VENEZOLANA de FOMENTO v. VINTERO SALES, http://www.leagle.com/decision/19781560452FSupp1108_11379)
Plaintiff next contends ….of the specified conditions.

Tournament: NDT | Round: 1 | Opponent: Baylor BB | Judge: Jonathan Paul, Brett Bricker, David Heidt
Executive Orders spillover to legislation-avoids politics DA
LeRoy, Professor for the University of Illinois, 96
Michael LeRoy, Associate Professor for the Institute of Labor and Industrial Relations and College of Law, University of Illinois, “Presidential Regulation of Private Employment: Constitutionality of Executive Order 12954 Debarment of Contractors who Hire Permanent Striker Replacements”
37 B.C. L. Rev 229
Second, many of these … related executive order.

Congress will use the plan to blame Obama and steal credit
Williams 2K DOUGLAS R. Associate Professor of Law, Saint Louis University School of Law. Saint Louis University Public Law Review, 19 St. Louis U. Pub. L. Rev. 75
There are number of … benefited constituencies.

Fiat means that Obama loses the fight over the plan—that destroys the agenda.
Loomis 7 (Dr. Andrew J. Loomis is a Visiting Fellow at the Center for a New American Security, and Department of Government at Georgetown University, “Leveraging legitimacy in the crafting of U.S. foreign policy”, March 2, 2007, pg 36-37, http://citation.allacademic.com//meta/p_mla_apa_research_citation/1/7/9/4/8/pages179487/p179487-36.php)
American political analyst … policy, foreign and domestic.

Severs the agent – executive imposes internal checks
Hansen ‘9, Peter Raven-Hansen, Professor of Law at George Washington University, “EXECUTIVE SELF-CONTROLS: MADISON'S OTHER CHECK ON NATIONAL SECURITY INITIATIVES BY THE EXECUTIVE” St. John’s Journal of Legal Commentary, Spring 2009
A final answer to … that is, a statutory check."

The president is the focal point of American politics – everyone perceives executive action
Fitts-prof law, Penn-96 Michael, Professor of Law @ UPenn Law School, “The Paradox Of Power In The Modern State”, University of Pennsylvania Law Review, 144 U. Pa. L. Rev. 827, Lexis
The Presidency A. The Modern Presidency … negotiate with Congress. 67

Executive orders avoid politics, have the force of law, and are rarely overturned
Cooper-prof public administration Portland State- 2 Phillip, By Order of the President: The Use and Abuse of Executive Direct Action”  p.59
Executive orders are often … orders generated elsewhere.

Our link is about losses and capital not popularity---critical distinction
Warshaw-prof poli sci, Gettysburg-06
(Shirley Anne, Prof of Pol. Science @ Gettysburg College, “Administrative Strategies of President George W. Bush” Extensions Journal, Spring 2006, http://www.ou.edu/special/albertctr/extensions/spring2006/Warshaw.pdf)
However, in recent administrations … primary tool for governance. 

we need to present an opportunity to the plan – if we prove the cp is competitive that means their model of decision-making arbitrarily excludes certain opportunity costs which is the foundation of decision-making that is more portable
Sales 2012 – Assistant Professor of Law, George Mason University School of Law (7/3, Nathan Alexander, Journal of National Security Law and Policy, 6.227, “Self-Restraint and National Security”)
With this framework in … violate domestic or international law.36

This is particularly true in the context of debates about war power authority---they eliminate a core topic discussion
Sinnar, assistant professor of law at Stanford Law School, May 2013
(Shirin, “Protecting Rights from Within? Inspectors General and National Security Oversight,” 65 Stan. L. Rev. 1027, Lexis)
More than a decade … enfeeblement and judicial abdication.

Tournament: NDT | Round: 1 | Opponent: Baylor BB | Judge: Jonathan Paul, Brett Bricker, David Heidt
Won’t be controversial – all agree on the need for reform
CBS News, 3-27-’14 (“Obama administration wants Congress to reform NSA” http://www.cbsnews.com/news/obama-administration-wants-congress-to-reform-nsa/)
Additionally, Mr. Obama … behind a single plan.

Not top of the agenda, if there is controversy, it won’t occur for another 3 months
Associated Press, 3-27-’14 (Eileen Sullivan, “Turning to Congress, Obama seeks a speedy end to NSA's bulk collection of phone records” Star Tribune, http://www.startribune.com/politics/national/252642851.html)
President Barack Obama … still early in the process.

If a congressional fight does start brewing, Obama will avoid it by passing NSA reforms unilaterally
NYT, 3-27-’14 (“Leahy: Obama Can End Surveillance Immediately” http://readersupportednews.org/off-site-opinion-section/72-72/22768-leahy-obama-can-end-surveillance-immediately)
If President Obama really …s program,” Mr. Leahy said.

US role in 2014 agreement is key
Sprenger, 3-24-’14 (Sebastian, “Leaders Search for Endgame at Nuclear Security Summit” National Journal, http://www.nationaljournal.com/global-security-newswire/leaders-search-for-endgame-at-nuclear-security-summit-20140324)
U.S. officials so far ….large, terrorist-produced bang," he said.

PC key – US action gets other nations on board
Bunn, Professor Gov at Harvard, 3-12-’14 (Matthew, “US Failure to Ratify Key Nuclear Security Conventions” Nuclear Security Matters, http://nuclearsecuritymatters.belfercenter.org/blog/us-failure-ratify-key-conventions)
The US failure to … that should have happened.

International cooperation key – risk is existential
Nezie, Postgraduate Programme at the Strategic Business School, Agungi, Lekki, Lagos, 2-21-’13 (Madueke Michael-Francis- Winner in the Teacher/Postgraduate Category for the Carnegie Council’s ‘Ethics for a Connected World’ Essay Contest, “Terrorism” Carnegie Council for Ethics in International Affairs, http://www.carnegiecouncil.org/publications/articles_papers_reports/0148)
Terrorism is the …  PC Key

PC key – ensures US compliance with international regimes
Patrick, Senior Fellow for International Institutions at CFR, 3-24-’14 (Stewart, “Nuclear Security Summit 2014: How to Make Progress Even After Ukraine” http://blogs.cfr.org/patrick/2014/03/24/nuclear-security-summit-2014-how-to-make-progress-even-after-ukraine/)
Untether U.S. leadership: President Obama … CPPNM and its 2005 amendment.

PC key to overcome logjam – first order of business
Reif, Director NonProlif at Center for Arms Control and Non-Proliferation, 2-27-’14 (Kingston, “Obama’s Nuclear Legacy on the Line” Bulletin of Atomic Scientists, http://thebulletin.org/obamas-nuclear-legacy-line)
Shaping a legacy. While negotiations with …. remainder of the second term.

Obama push is key
Sprenger, 3-24-’14 (Sebastian, “Leaders Search for Endgame at Nuclear Security Summit” National Journal, http://www.nationaljournal.com/global-security-newswire/leaders-search-for-endgame-at-nuclear-security-summit-20140324)
Leaders are slated to … large, terrorist-produced bang," he said.

Tournament: NDT | Round: 1 | Opponent: Baylor BB | Judge: Jonathan Paul, Brett Bricker, David Heidt
Prefer this impact – structural violence is invisible and exponential – ethics
Nixon 11
(Rob, Rachel Carson Professor of English, University of Wisconsin-Madison, Slow Violence and the Environmentalism of the Poor, pgs. 2-3)
Three primary concerns ….  gradually degraded.

AUMF = make them look good and congress first objective is to stay in congress
Glennon, 14 Michael, Professor of International Law, Fletcher School of Law and Diplomacy, Tufts University, “National Security and Double Government,” National Security and Double Government”, Harvard National Security Journal / Vol. 5, pg 1-114
Creating and maintaining … all but invisible.

complacency DA--- relying on the law create psychological cooption and satisfaction with what he we have done
Lobel, 7 – Assistant Professor of Law, University of San Diego, (Orly, Harvard Law Review, 120 Harv. L. Rev. 937)
Psychological cooptation is …to meaningful change." 

aff’s use of the law is a militaristic tactic that creates legal legitimacy to propel more frequent, more deadly violent interventions that ensure infrastructural violence that maims civilians – they actively displace moral questions in favor of a pathologically detached question of legality
Smith 2 – prof of phil @ U of South Florida
(Thomas, International Studies Quarterly 46, The New Law of War: Legitimizing Hi-Tech and Infrastructural Violence)
The role of military … will be dim indeed.

Now alternative solvency has to work a little different in this debate, it shouldn’t be about “who solves,” but rather who doesn’t mess things up more – neither the alt or the plan or going to “solve” a whole bunch, but they have conceded a meta-framing argument that in the context of restraining the executive, culture is the most effective means because its where authority emanates from that’s Rana and
Williams 9  Daniel R., Associate Professor, Northeastern University School of Law, Boston, Michigan State Journal of International Law, 17 Mich. St. J. Int'l L. 493
Although Bobbitt treats … society's normative basis.

War beings with the mind – we condition ourselves to see war as the solution to every problem – our framework arguments are about shifting consciousness and the vocabulary we use to talk about problems which is far more productive
Lawrence 9 (Grant, “Military Industrial "War" Consciousness Responsible for Economic and Social Collapse,” OEN—OpEdNews, March 27)
As a presidential candidate, … consciousness is creating.

(1) Public support is what drives congressional approval
Liberty and Security 8 “Liberty and Security: Recommendations for the Next Administration and Congress” reflects the ongoing, collaborative efforts of a coalition of more than twenty leading organizations and over seventy five people in the human rights and liberty and security communities. Liberty and Security: Recommendations for the Next Administration and Congress, 11-18, http://2009transition.org/liberty-security
Gallup polls show … military action in Iraq. See National War Powers Commission Report, App. 6 at 2.

The aff falls to the trap of libertarian hijacking- a focus on a short-term facet like drones/detention of a broader WOT issue- the focus on single instances of legislations sap the political inertia and will to focus on the larger pars of national security legislation and actively legitimizes a system of violence
Vladeck 13 Steve, professor of law and the associate dean for scholarship at American University Washington College of Law. LAWFARE, 3-14, http://www.lawfareblog.com/2013/03/drones-domestic-detention-and-the-costs-of-libertarian-hijacking/
It seems to me …  in what’s not being said.

Tournament: Ndt | Round: 3 | Opponent: Concordia College Bosch-Snelling | Judge: Cook, Evans, Guha-Majumdar

The aff's abstraction conceals the way institutions specifically embody ideas and decontextualizes them from historical conditions. It becomes a cop out for scholars to avoid making hard choices about where and how to struggle.

Sultany 13 Nimer Sultany Baldy Postdoctoral Fellow in Interdisciplinary Legal Studies, SUNY Buffalo Law School. SJD (Harvard Law School); LL.M. (University of Virginia); LL.M. (Tel Aviv University); LL.B. (College of Management) Boston University International Law Journal Summer, 2013 31 B.U. Int'l L.J. 435 SYMPOSIUM: AGAINST CONCEPTUALISM: ISLAMIC LAW, DEMOCRACY, AND CONSTITUTIONALISM IN THE AFTERMATH OF THE ARAB SPRING
To assume that the concepts can be shown to be compatible or incompatible by virtue
AND
facing contradictions and hence from the need to make hard choices and tradeoffs.

Polemics doesn't move past provocation and divides the debate community into camps that become convinced that only their way makes sense

Dixon 5  John, Department of Psychology - University of Lancaster, PINS, DEBATE BEYOND POLEMIC: REFLECTING ON REFLEXIVE RACISM, 31, 85-91

Painter's article also demonstrates for us, however, the limits of polemical writing,
AND
of life they were designed to explore (or change) . . .

Alienation worsens the possibilities for solutions. It causes people to shut down

Knoll 12 Kristina R. Feminist Disability Studies: Theoretical Debates, Activism, Identity Politics, 26 Coalition Building, A dissertation submitted in partial fulfillment of the requirements for the degree of Doctor of Philosophy University of Washington, Gender, Women, 26 Sexuality Studies Department

This process of creating ways for sustaining critical and conflicted spaces can help reveal where
AND
make us ask again,   Who may be silenced here, and why?

Your DETERMINISM is TOO PARTIAL TO EXPLAIN BEHAVIOR

deRoche, Dept. of Anthropology 26 Sociology @ U of Cape Breton, 2K3
(John E. Psychological Reductionism: A "Model" Essay Illustrating Citation and Referencing Technique, faculty.uccb.ns.ca/cdr/Psych20Reductionism.pdf)

According to one basic reference work in sociology, the phenomenon of "psychological reductionism
AND
of flour, a bottle of water, and a basket of tomatoes. 

Reject the aff's conceptualisms in favor of a contextualized, consequentialist-style analysis.

Sultany 13 Nimer Sultany Baldy Postdoctoral Fellow in Interdisciplinary Legal Studies, SUNY Buffalo Law School. SJD (Harvard Law School); LL.M. (University of Virginia); LL.M. (Tel Aviv University); LL.B. (College of Management) Boston University International Law Journal Summer, 2013 31 B.U. Int'l L.J. 435 SYMPOSIUM: AGAINST CONCEPTUALISM: ISLAMIC LAW, DEMOCRACY, AND CONSTITUTIONALISM IN THE AFTERMATH OF THE ARAB SPRING
Therefore, instead of a conceptualist-style analysis, this article seeks to advance
AND
when confronted with the diversity in practice and the futility of conceptual analysis.

Grounding strategies in identity is problematic because it is establish in relation to difference, to affirm one's identity requires the dominant other reinforcing the hierarchy

Heyes, 12 Cressida, "Identity Politics", The Stanford Encyclopedia of Philosophy (Spring 2012 Edition), Edward N. Zalta (ed.)

In particular, poststructuralist challengers charge that identity politics rests on a mistaken view of
AND
in favor of a protensive practice of freedom (2005, chapter 3).

Debate is like an academic conference- their claim that what they did here was transformative is only true in the most limited sense. This is tourist form of activism-scholarship that remains disconnected from the actual communities that we are trying to change. We need a reconceptualization of our work that moves beyond the academy and is more concerned with providing tools to grassroots organizations to aid their struggle against -isms.

Zavala 13 Miguel, Assistant professor in the Department of Secondary Education at California State University, Fullerton "Working from my own contradictory location as a Xicano1 scholar-activist involved with grassroots organizations and as a functionary of a colonialist-capitalist State, I invoke a Raza standpoint that privileges the vantage point of colonized peoples from Latin America." By using the term Xicano I identify as a "Chicano," yet reclaim my ancestral roots to the Indigenous peoples who have lived for thousands of years in what is now the central region of Mexico. As a colonized people, Chicano claims to Indigenous identity, culture, and land have been challenged by both settlers and "Indigenous groups. What do we mean by decolonizing research strategies? Lessons from decolonizing, Indigenous research projects in New Zealand and Latin America" Decolonization: Indigeneity, Education 26 Society Vol. 2, No. 1, 2013, pp. 55-71 http://decolonization.org/index.php/des/article/view/19113/16236
So, what are we as individuals working within institutions and as members of Indigenous
AND
roots through Raza struggle, a struggle we have been waging since 1492. 

The question of this debate should be larger. How can we create a politics that is sustaining? How can we create a politics that isn't just a calling out or a form of resistance – but a cultivation of ideas within larger society.

We should support social transformation - not just resistance.
We should support change in beliefs - instead of just witnessing.
We should support mobilization and organization – not just reflection.
We should support actualization of politics instead of politicalization.

Viola 13 (Michael, UCLA, "Hip - Hop and Critical Revolutionary Pedagogy: Blue Scholarship to Challenge "The Miseducation of the Filipino"," http://www.jceps.com/PDFs/04-2-08.pdf)

Hip-hop artists often speak "in active participation in practical life" revealing
AND
, and students in translating theory into concrete strategies for improving their communities.

Tournament: Ndt | Round: 3 | Opponent: Concordia College Bosch-Snelling | Judge: Cook, Evans, Guha-Majumdar

Our interpretation of debate is that the affirmative should answer the resolutional of is the enactment of a topical plan a good idea

Should denotes an expectation of enacting a plan
American Heritage Dictionary 2000 (Dictionary.com)
should. The will to do something or have something take place: I shall go out if I feel like it

"USFG should" means the debate is about a policy established by governmental means

Ericson 3 (Jon M., Dean Emeritus of the College of Liberal Arts – California Polytechnic U., et al., The Debater's Guide, Third Edition, p. 4)

The Proposition of Policy: Urging Future Action In policy propositions, each topic contains
AND
compelling reasons for an audience to perform the future action that you propose. 

The primary purpose of debate should be to improve our skills as decision-makers
AND
our ability to influence the world around us and improve our everyday lives. 

This also dislodges us from dogma and pre-dispositions that we have about the world- it is possible to learn and grow from the other side- it teaches us to have the willingness to be dislodged even if you are right- to say, "I understand where you are coming from" instead of polemical and dogmatic discussions which is what most of the problems politics faces today- climate deniers, the tea party, etc are not willing to hear the other side or be wrong

Mercier, Professor Politics UPenn, and Landemore, Professor PolSci Yale, '11 (Hugo and Helene, "Reasoning is for arguing: Understanding the successes and failures of deliberation" Political Psychology, http://sites.google.com/site/hugomercier/publications)
Reasoning can function outside of its normal conditions when it is used purely internally.
AND
(e.g. Schweiger, Sandberg, 26 Ragan, 1986).

Arguments don't hurt people, policies do and what they want to do is possible under our vision of debate by utilizing narratives, poetry and embodied knowledge to support topical action- this doesn't flatten difference but is a way to learn from it

Anderson 6 Amanda Andrew W. Mellon Professor of Humanities and English at Brown University, Spring 2006, "Reply to My Critic(s)," Criticism, Vol. 48, No. 2, p. 281-290
MY RECENT BOOK, The Way We Argue Now, has in a sense two
AND
communicated and also can be used to justify political positions and legislative agendas.

Tournament: Ndt | Round: 6 | Opponent: Berkeley Muppalla-Spurlock | Judge: Bato, Lundeen, Olney

1nc solvency

Obama will fake support of the plan in order to ensure that special ops continue to kill at will.
Ford 13  Glen, Editor of Black Agenda Report, Perpetual War and Obama’s Perpetual Con Game 6-2, http://www.globalresearch.ca/page/21?p=0In

President Obama’s perpetual scam machine is in high gear – which signals another expansion of
AND
terrorists" as defined by himself. He has no apologies for that.

Statutory limits can’t make a dent in emergency powers. All it takes is a declaration of an emergency – and it’s emergency politics that are the primary basis for the Global War on Terror" – your aff is a just a legal fixation with things like the AUMF

Thronson 13  * Patrick A., University of Michigan Law School; University of Michigan Journal of Law Reform, Winter, 46 U. Mich. J.L. Reform 737

Presidential declarations of national emergency furnish the President with broad military and foreign affairs powers
AND
, and waive statutory limitations on the size of the armed forces. 221

1nc heg

The aff pushes the executive to coverts

Lorber, 13 –  (Eric, J.D. Candidate, University of Pennsylvania Law School, Ph.D Candidate, Duke University, "Executive Warmaking Authority And Offensive Cyber Operations: Can Existing Legislation Successfully Constrain Presidential Power?")

Stemming from similar tension noted in the constitutional division of war-making authority noted
AND
of covert activities. n203 Section 413b of the Intelligence Authorization Act provides,

Liberal international order inevitable with or without US leadership
Ikenberry ’11 – Professor of Politics and International Affairs @ Princeton
G. John Ikenberry, the Albert G. Milbank Professor of Politics and International Affairs at Princeton University. "A World of Our Making". Democracy A Journal of Ideas. Issue ~2321, Summer 2011. http://www.democracyjournal.org/21/a-world-of-our-making-1.php?page=1

The main alternatives to liberal order—both domestic and international—have more or less disappeared. The great liberal international era is not ending. Still, if the liberal order is not in crisis, its governance is. Yet, given the fundamental weakness of the past international orders—brought down by world wars and great economic upheavals—the challenges of reforming and renegotiating liberal world order are, if anything, welcome ones.
There are four reasons to think that some type of updated and reorganized liberal international
AND
order is removed, a bias for continuity is introduced into the system.
Second, the character of liberal international order itself—with or without American hegemonic
AND
appear to have unique characteristics that encourage integration and discourage opposition and resistance.
Third, the states that are rising today do not constitute a potential united opposition
AND
governing institutions, not to a united effort to overturn the underlying order.
Fourth, all the great powers have alignments of interests that will continue to bring
AND
managing differences with frameworks of great-power cooperation exist and will grow. 

No impact to withdrawal
Friedman 10—research fellow in defense and homeland security, Cato. PhD candidate in pol sci, MIT (Ben, Military Restraint and Defense Savings, 20 July 2010, http://www.cato.org/testimony/ct-bf-07202010.html, AMiles)

Another argument for high military spending is that U.S. military hegemony underlies
AND
and threaten to drag us into wars, while providing no obvious benefit. 

1nc terrorism

Congressional limitations cause a shift to PMCs—-turns case

Michaels, 4 – (*Jon D. Assistant Professor of Law at the UCLA School of Law. Law Clerk to the Honorable Guido Calabresi, U.S. Court of Appeals for the Second Circuit; Washington University Law Quarterly, BEYOND ACCOUNTABILITY: THE CONSTITUTIONAL, DEMOCRATIC, AND STRATEGIC PROBLEMS WITH PRIVATIZING WAR, Fall, 82 Wash. U. L. Q. 1001)

But since the War Powers Resolution applies only to the deployment of U.S
AND
initiate more conflict than the public might otherwise have been willing to support.

Turns this advantage-PMCs propagate terrorist attacks by sending the message that US companies are profiting off of the violence in the area- creates more recruitment and resentment

Halpin, 11 Alison, Graduate degree program in
Global and International Studies
and the Graduate Faculty of the University of Kansas, "US Government Outsourcing, the Private Military Industry, and Operation Iraqi
Freedom: A Case Study in Conflict Contracting," http://kuscholarworks.ku.edu/dspace/bitstream/1808/9811/1/Halpin_ku_0099M_11891_DATA_1.pdf

Outsourcing reconstruction projects to large American companies was cost ineffective and as their presence provoked
AND
their to leration or support of insurgent activities that deliberately attempt to destroy it

Turns advantage 1 too

MICHAELS 4  *Jon D. Assistant Professor of Law at the UCLA School of Law. Law Clerk to the Honorable Guido Calabresi, U.S. Court of Appeals for the Second Circuit; Washington University Law Quarterly, BEYOND ACCOUNTABILITY: THE CONSTITUTIONAL, DEMOCRATIC, AND STRATEGIC PROBLEMS WITH PRIVATIZING WAR, Fall, 82 Wash. U. L. Q. 1001

Having canvassed the constitutional, legal, and democratic harms in Parts III and IV
AND
and the international community expects of the U.S. Armed Forces.

Case

courts always defer to the executive

Driesen 9  * David M. University Professor, Syracuse University; Fordham Law Review, October, 78 Fordham L. Rev. 71
The executive branch often interprets the vast body of law it administers unilaterally. In
AND
executive toward secret policy making of his own largely unrestrained by law. 221

congress will not check the president, but just follow suit

Nzelibe 6—Jide Nzelibe, Professor of Law @ Northwestern University ~"A positive theory of the war-powers constitution," Iowa Law Review, 2006; 91(3) pg. 993-1062~

The theoretical framework laid out in this Article suggests that as long as the President
AND
will have any incentive to take such a task seriously. Pg. 1000

PMCs aren’t subject to domestic US law

Kidwell, 5 USAC, Public War, Private Fight? The United States and Private Military Companies ," http://usacac.army.mil/cac2/cgsc/carl/download/csipubs/kidwell.pdf

There is also the risk that the contractors become extralegal, in effect, subject
AND
evidence in foreign jurisdictions, and to date the law has produced no convictions

They are considered civilians

Prado, 12 Jose L. Gómez del Prado, Global Research, "The Role of Private Military and Security Companies in Modern Warfare," http://www.globalresearch.ca/the-role-of-private-military-and-security-companies-in-modern-warfare/32307

According to the interpretation of some legal experts of the International Committee of the Red
AND
require the direct participation of "security guards" in hostilities.~50~.

Tournament: Ndt | Round: 6 | Opponent: Berkeley Muppalla-Spurlock | Judge: Bato, Lundeen, Olney

1nc t

The aff has to specify if they are a statutory or judicial restriction- they can do this by specifying their agent or specifying in the plan text.

Failure to specify their agent is illegitimate and a voting issue-the resolution was written to give you flexibility of choice but you need to pick one—it’s the core of all of our ground

Kurr et al 13 (Jeff Kurr—Baylor University Kevin D. Kuswa, PhD—Fresno State Paul E. Mabrey III—James Madison University "Agents Wording Paper: Passive Voice, the Judiciary, and Other Odds and Ends," http://www.cedadebate.org/forum/index.php?action=dlattach;topic=4848.0;attach=1690)
In short, this topic is all about the agent of action. The "
AND
choose the means of defending the resolution through the agent the aff selects.

1nc da

NSA reforms will pass – PC key

Hawkings, 3-25-’14 (David, "Hill’s Bipartisan Deadlock on Phone Records May Be Easing" Roll Call, blogs.rollcall.com/hawkings/obama-nsa-reform-plan-could-ease-congressional-deadlock-on-spying/2/)
Eight months ago, in one of its most important and fascinatingly nonpartisan votes of
AND
a deal based on the ideas from the House and the White House.

Plan tanks capital and derails the agenda – empirics prove

Kriner ’10 Douglas L. Kriner, assistant professor of political science at Boston University, "After the Rubicon: Congress, Presidents, and the Politics of Waging War", University of Chicago Press, Dec 1, 2010, page 68-69
While congressional support leaves the president’s reserve of political capital intact, congressional criticism saps
AND
to its costs than if Congress stood behind him in the international arena.

NSA reforms key to credibility – absent that, they’ll lose the ability to do surveillance

Sasso, 3-25-’14 (Brendan, "Why Obama and His NSA Defenders Changed Their Minds" National Journal, www.nationaljournal.com/tech/why-obama-and-his-nsa-defenders-changed-their-minds-20140325)
It was only months ago that President Obama, with bipartisan backing from the heads
AND
Freedom Act, and outside groups will continue their policy push as well. 

Domestic wiretapping key to stopping terrorism – empirically successful

Hewitt 8 Michael, post graduate for Honors Program at Liberty university, Wiretapping: A Necessity for Effectively Combating Terrorism in the 21st Century, http://digitalcommons.liberty.edu/cgi/viewcontent.cgi?article=104026context=honors
In analyzing post 9-11 wiretapping, it is necessary to analyze the effects
AND
, has resulted in nearly a 20 conviction rate (Criminal 2006). 

High risk of nuke terror—an attack turns multilat and makes the US hardline

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.

Nuclear terrorism causes global nuclear escalation – national retaliation goes global

Morgan, Professor of Foreign Studies at Hankuk University, ’9 (Dennis Ray, December, "World on fire: two scenarios of the destruction of human civilization and possible extinction of the human race" Futures, Vol 41 Issue 10, p 683-693, ScienceDirect)
In a remarkable website on nuclear war, Carol Moore asks the question "Is
AND
, taking a savage toll upon the environment and fragile ecosphere as well.

1nc cp

The executive branch of the United States federal government should issue an executive order declaring it will refuse to enforce public law 107-40’s authorization to use force, effective December 31st, 2014.

the cp solves the case

Vermule and Posner, 7 – (Eric, The University of Chicago Law School Professor, Adrian, Harvard Law School Professor of Law, 200, The Credible Executive, 74 U. Chi. L. Rev. 865)

The Madisonian system of oversight has not totally failed. Sometimes legislators overcome the temptation
AND
as a breach of faith even if no other institution ever enforces it.

1nc da

The plan shifts US doctrine to international self-defense- expanded jus ad bellum collapses global firebreak on use-of-force

Barnes, 12 — J.D. Candidate, Boston University School of Law
~Beau, "Reauthorizing the ’War on Terror’: The Legal and Policy Implications of the AUMF’s Coming Obsolescence," Military Law Review, Vol 211, 2012, http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2150874, accessed 9-19-13, mss~

In a world without a valid AUMF, the United States could base its continued
AND
to kill people anywhere, anytime, the result would be chaos."148 

1nc k

Congressional and judicial restraints are a paper tiger that reinforce power of the Trumanites – the network of officials responsible for national security decision-making – that jacks solvency

Glennon, 14 Michael, Professor of International Law, Fletcher School of Law and Diplomacy, Tufts University, "National Security and Double Government," National Security and Double Government", Harvard National Security Journal / Vol. 5, pg 1-114

The first set of potential remedies aspires to tone up Madisonian muscles one by one
AND
? What are the responsibilities not of the government but of the people?

The impact’s a permanent war economy—the model of the Trumanite bureaucracy is empirically responsible for every policy failure and disastrous authoritarianism

Glennon, 14 Michael, Professor of International Law, Fletcher School of Law and Diplomacy, Tufts University, "National Security and Double Government," National Security and Double Government", Harvard National Security Journal / Vol. 5, pg 1-114

Enough examples exist to persuade the public that the network is subject to judicial,
AND
The risk is considerable, however, that it will not be a democracy

Our alternative is to refuse technical debates about war powers the posit legal solutions instead of political ones – this allows us to shift the frame and interrogate the methods in which we come to understand the 1ac

Rana, 11 Cornell Law (Aziz, "Who Decides on Security?", Cornell Law Faculty Working Papers, Paper 87)
?
If anything, one can argue that the presumptive gulf between elite awareness and suspect
AND
, we can expect our prevailing security arrangements to become ever more entrenched. 

K 2NC

This is the critical internal link into education—restraints are meaningless absent a focus on what debate can train us as students to do

Young 13—didn’t expect this card to be read this way
(Kelly, Associate Professor of Communication and Director of Forensics, Wayne State University, "Why Should We Debate About Restriction of Presidential War Powers", http://public.cedadebate.org/node/13, dml)

 Lastly, debating presidential war powers is important because we the people have an important role in affecting the use of presidential war powers. As many legal scholars contend, regardless of the status of legal structures to check the presidency, an important political restrain on presidential war powers is the presence of a well-informed and educated public. As Justice Potter Stewart explains, "the only effective restraint upon executive policy and power…may lie in an enlightened citizenry – in an informed and critical public opinion which alone can protect the values of a democratic government" (http://www.law.cornell.edu/supct/html/historics/USSC_CR_0403_0713_ZC3.html). As a result, this is not simply an academic debate about institutions and powers that that do not affect us. As the numerous recent foreign policy scandals make clear, anyone who uses a cell-phone or the internet is potential affected by unchecked presidential war powers. Even if we agree that these powers are justified, it is important that today’s college students understand and appreciate the scope and consequences of presidential war powers, as these students’ opinions will stand as an important potential check on the presidency. 

complacency DA—- relying on the law create psychological cooption and satisfaction with what he we have done
Lobel, 7 – Assistant Professor of Law, University of San Diego, (Orly, Harvard Law Review, 120 Harv. L. Rev. 937)
Psychological cooptation is produced by the law precisely because law promises more than it can
AND
rights; and, finally, that realization is tantamount to meaningful change." 

Technical solutions to war powers are a shell game which locks in exceptionalism their reaction is shrouded in a mythos of insecurity.  The violence they recreate is a blind spot in the western mind which is exactly why we must ask prior to debate about the plan what our national security interests are who is served by those goals

Williams 7 (Daniel, associate professor of law at Northeastern University School of Law. He received a J.D. from Harvard, "NORTHEASTERN UNIVERSITY SCHOOL OF LAW." NORTHEASTERN PUBLIC LAW AND THEORY FACULTY WORKING PAPERS SERIES
NO. 16-2007. http://papers.ssrn.com/sol3/papers.cfm?abstract_id=970279)
This fearsome sort of legality is largely shielded from our view (that is,
AND
cloud, that the terrorism arising from Islamic jihadists may do something similar.

The concept of statutory and judicial restrictions reinforces that belief that these institutions retain real power while ensuring public deference and acceptance because the rule of law works allowing the Trumanites to maintain power without accountability

Glennon, 14 Michael, Professor of International Law, Fletcher School of Law and Diplomacy, Tufts University, "National Security and Double Government," National Security and Double Government", Harvard National Security Journal / Vol. 5, pg 1-114

Together these institutions comprise a "disguised republic"50 that obscures the massive shift
AND
incentives deeply rooted in the legal and political structures in which they operate.

Their scholarship is not neutral but feeds this paranoid military machine trying to objectively demarcate the world in terms of security threats – this paranoia infiltrates their scholarship

Hogget, 4-
prof of politics and co-dir. of Center for Psycho-Social Studies, U West England. Degree in social psychology, U Sussex—AND—Dr. Simon Clarke—prof of psycho-social studies and co-dir. of the center. (The Empire of Fear: The American Political Psyche and the Culture of Paranoia, http://www.btinternet.com/~~psycho_social/Vol5/JPSS5-PHSC1.htm)

 The image of Prometheus has often been used as a metaphor to describe the
AND
the New American Century this contempt – for the United Nations, `Old
Europe’ and countries which cannot or will not embrace the neo-conservative brand of
AND
of American foreign policy since the 1970’s, something which formed the backdrop to
the first Gulf War through which it reached a partial and incomplete resolution. Vietnam
AND
. Psychically unbearable events, argues Davids, call into play powerful defences whose

Be skeptical of their terrorist threats- the pentagon feeds off of threats, without terrorists we would never have the large military spending that we do. We couch our fears in military security that feeds off of emotions and psychology- this drives in a state of war, a constant war machine – the war on terror, also known as the war that never ends

Valenzuela, 3-
Manuel, social critic, commentator, Internet essayist and author of Echoes in the Wind, "perpetual war; perpetual terror"

Without war, violence and weapons there is no Pentagon. And so to survive
AND
This can be seen in the world’s perception and treatment of us today.

====aff’s use of the law is a militaristic tactic that creates legal legitimacy to propel more frequent, more deadly violent interventions that ensure infrastructural violence that maims civilians – they actively displace moral questions in favor of a pathologically detached question of legality====
Smith 2 (Thomas, International Studies Quarterly 46, The New Law of War: Legitimizing Hi-Tech and Infrastructural Violence)
The role of military lawyers in all this has, according to one study,
AND
and construed, hopes of rescuing law from politics will be dim indeed.

Now alternative solvency has to work a little different in this debate, it shouldn’t be about "who solves," but rather who doesn’t mess things up more – neither the alt or the plan or going to "solve" a whole bunch, but they have conceded a meta-framing argument that in the context of restraining the executive, culture is the most effective means because its where authority emanates from that’s Rana and

Williams 9  Daniel R., Associate Professor, Northeastern University School of Law, Boston, Michigan State Journal of International Law, 17 Mich. St. J. Int’l L. 493
Although Bobbitt treats that historical record in a very different way—more as obstacle
AND
because there has been a rupture of faith in that society’s normative basis.

War beings with the mind – we condition ourselves to see war as the solution to every problem – our framework arguments are about shifting consciousness and the vocabulary we use to talk about problems which is far more productive

Lawrence 9 (Grant, "Military Industrial "War" Consciousness Responsible for Economic and Social Collapse," OEN—OpEdNews, March 27)
As a presidential candidate, Barack Obama called Afghanistan ’’the war we must win.
AND
will be forced to live the life our present war consciousness is creating.

A major coalition opposing executive violence is awakening – and the alt solves more than your aff

Branfman 9-25 -13, Fred — Director of Project Air War, interviewed the first Lao refugees brought down to Vientiane from the Plain of Jars in northern Laos, visited U.S. airbases in Thailand and South Vietnam, talking with U.S. Embassy officials, Alternet

"Knowledge (of) the scale of our capability would raise public awareness generating
AND
right coalition both in Congress and among the public devoted to doing so. 

Politics 1NR

No reforms kills the program

Hawkings, 3-25-’14 (David, "Hill’s Bipartisan Deadlock on Phone Records May Be Easing" Roll Call, blogs.rollcall.com/hawkings/obama-nsa-reform-plan-could-ease-congressional-deadlock-on-spying/2/)
Eight months ago, in one of its most important and fascinatingly nonpartisan votes of
AND
a deal based on the ideas from the House and the White House.

Reforms is the only way to prevent shut down of wiretapping authorization

Sasso, 3-25-’14 (Brendan, "Why Obama and His NSA Defenders Changed Their Minds" National Journal, www.nationaljournal.com/tech/why-obama-and-his-nsa-defenders-changed-their-minds-20140325)
It was only months ago that President Obama, with bipartisan backing from the heads
AND
Freedom Act, and outside groups will continue their policy push as well. 

A terrorist attack with WMD would end U.S. primacy

Krauthammer ’3 (Charles, The National Interest, "The Unipolar Moment Revisited," Winter 2002/2003)
The American hegemon has no great power enemies, an historical oddity of the first
AND
a functioning hegemon, perhaps even to America as a functioning modern society.

1nr links

There will be opposition in the Congress- no one wants to repeal the AUMF without talking about what replaces it- creates ton of confrontation over Obama’s current war paradigm and forces Obama to defend to Congress.

Knox 13Oliver, Yahoo21 News June 21, 2013, http://news.yahoo.com/blogs/ticket/congress-struggles-ending-war-afghanistan-iraq-213153386.html

Enter Democratic Rep. Adam Schiff of California. Schiff, who sits on the
AND
"the biggest obstacle" to the legislation, Schiff told Yahoo News.

There’s zero support for repealing the AUMF – both the military and corporations have a major incentive to ensure that relaxations of the AUMF don’t occur

VVV Public Relations 13 AUMF Hunger Strike Called to Demand Repeal of 2001 Authorization for Use of Military Force
http://veritasvirtualvengeance.com/2013/03/29/aumf-hunger-strike-called-to-demand-repeal-of-2001-authorization-for-use-of-military-force/

Congresswoman Barbara Lee (D-CA) was the only member of Congress to
AND
their constituents more so than the loss of cash from their corporate benefactors.

The rest of the executive will block Obama at every turn. The Pentagon opposes an abandonment of perpetual war and will lobby to block it.

Branfman 13  Fred, Director of Project Air War, interviewed the first Lao refugees brought down to Vientiane from the Plain of Jars in northern Laos, visited U.S. airbases in Thailand and South Vietnam, talking with U.S. Embassy officials, Alternet, 6-9

Just six days before Mr. Obama’s recent speech ~30~ stating that "
AND
seeking reelection or governing mandate to abort such an operation at that point.

If the President doesn’t support it, it’s a win for Congress. The plan makes Obama’s actions look un-credible, mobilizing Congressional attacks

Huq 12  + Aziz Z. Assistant Professor of Law, University of Chicago Law School. University of Chicago Law Review, Spring, 79 U. Chi. L. Rev. 777

To be sure, a persistent difficulty in debates about congressional efficacy, and with
AND
, rests on an incomplete theory of political actors’ and judges’ motivations. 104

Reforms K2 NSA

Reforms solves surveillance credibility

Weigel, 3-25-’14 (David, "Turning Off the Vacuum Cleaner" Slate, www.slate.com/articles/news_and_politics/politics/2014/03/nsa_bulk_metadata_collection_rand_paul_ron_wyden_support_obama_s_plan_to.html
If it was a "turning point," as Snowden suggested, it was one
AND
with the reform, because they know how quickly the conversation can shift.

A2 Gaucho – CIA

The fight is deescalating and Obama isn’t involved

Cooper, 3-13-’14 (Ryan, theweek.com/article/index/257939/its-time-for-obama-to-take-a-side-in-the-battle-between-the-cia-and-the-senate)
However, to cite Marcy Wheeler again, the CIA’s legal and tactical positions are
AND
levers available to a committed president who wants to influence executive branch agencies.

Obama not involved in the fight

Kouri, 3-15-’14 (Kim, "Obama claims he’s neutral in the Senate v. CIA battle" The Examiner, www.examiner.com/article/obama-claims-he-s-neutral-the-senate-v-cia-battle)
While the Democrats in the U.S. Senate, under the leadership of
AND
Senate Democrats are itching to again investigate interrogators from the Central Intelligence Agency.

Wiretapping Solves Terror

Wiretapping solves terrorism.

Hewitt 8 Michael, post graduate for Honors Program at Liberty university, Wiretapping: A Necessity for Effectively Combating Terrorism in the 21st Century, http://digitalcommons.liberty.edu/cgi/viewcontent.cgi?article=104026context=honors
In the 21st Century, security is something that is increasingly hard to attain.
AND
better protect national security while respecting the limits set forth in the Constitution. 

Surveillance key to thwart attacks.

Carafano  13 James Jay Carafano is Vice President for Defense and Foreign Policy Studies at The Heritage Foundation, PRISM is Essential to U.S. Security in War Against Terrorism, Aug 6, 2013, http://www.heritage.org/research/commentary/2013/8/prism-is-essential-to-us-security-in-war-against-terrorism
"Our intelligence professionals must be able to find out who the terrorists are talking
AND
equal measure. Meeting that mission is more important than winning popularity polls.

NSA stops terrorism.

Vegas Sun 13 When the NSA oversteps its authority, Aug 21, 2013, http://www.lasvegassun.com/news/2013/aug/21/when-nsa-oversteps-its-authority/
The National Security Agency has a difficult and urgent job: protecting Americans against terrorist
AND
For the most part, they apparently have approved of what’s gone on.

Empirically prevented US attacks.

Savage 13 Charlie, NYT, N.S.A. Chief Says Surveillance Has Stopped Dozens of Plots, June 18 2013, http://www.nytimes.com/2013/06/19/us/politics/nsa-chief-says-surveillance-has-stopped-dozens-of-plots.html
WASHINGTON — Top national security officials on Tuesday promoted two newly declassified examples of what they portrayed as "potential terrorist events" disrupted by government surveillance. The cases were made public as Congress and the Obama administration stepped up a campaign to explain and defend programs unveiled by recent leaks from a former intelligence contractor.
One case involved a group of men in San Diego convicted of sending money to an extremist group in Somalia. The other was presented as a nascent plan to bomb the New York Stock Exchange, although its participants were not charged with any such plot. Both were described by Sean Joyce, deputy director of the Federal Bureau of Investigation, at a rare public oversight hearing by the House Intelligence Committee.
At the same hearing, Gen. Keith B. Alexander, the head of the National Security Agency, said that American surveillance had helped prevent "potential terrorist events over 50 times since 9/11," including at least 10 "homeland-based threats." But he said that a vast majority of the others must remain secret.