Tournament: UMKC | Round: 1 | Opponent: Kansas BC | Judge:
1AC
1AC – Terrorism 

The risk of a nuclear terrorist attack is high – top UN officials concede
Sturdee, AFP, 7-1 Simon, “UN atomic agency sounds warning on and#39;nuclear terrorismand#39;”, Fox News, 7-1-13,
http://www.foxnews.com/world/2013/07/01/un-atomic-agency-sounds-warning-on-nuclear-terrorism/, RSR
VIENNA (AFP) – The head of the UN atomic agency warned Monday against
AND
, factories and university campuses and are therefore seen as easy to steal.¶ 

That breaks the nuclear taboo – leads to nuclear war.
Bin ‘9 (5-22-09 About the Authors  Prof. Li
AND
University, which he  completed in 2009 under Prof. Li Bin. )
The nuclear taboo is a kind of international norm and this type of norm is
AND
problem, avoid miscalculation and  thereby reduce the danger of a nuclear war. 

Extinction
Ayson 10 (Robert, Professor of Strategic Studies, Director of Strategic Studies: New Zealand, Senior Research Associate with Oxford’s Centre for International Studies. “After a Terrorist Nuclear Attack: Envisaging Catalytic Effects. Studies in Conflict and Terrorism, Volume 33, Issue 7, July 2010, pages 571-593)
But these two nuclear worlds—a non-state actor nuclear attack and a
AND
be admitted that any preemption would probably still meet with a wdevastating response.

Risk of terror only goes one way – comparative studies prove that indefinite detention can only increase terrorism, not prevent it.
Roberts, Associate Professor of Philosophy at East Carolina University, ‘11
Rodney, “Utilitarianism and the Morality of Indefinite Detention”, Criminal Justice Ethics, Vol. 30, No. 1, RSR
Finally, ‘‘there is no evidence that¶ preventive detention works. Comparative studies
AND
can be selfdefeating*it may increase the likelihood of future attacks.31

We’ll isolate 3 internal links –
Scenario 1 is Resentment –
Current trial process breeds distrust with local populations and causes resentment – that kills effective counter-terror operations
Hathaway Et. Al, 2013, (Oona Hathaway is the Gerard C.
AND
The Yale Journal of International Law. Lexis Nexis. Winter, 2013.) 

2. Legitimacy Federal courts are also generally considered more legitimate than military commissions.
AND
in recent statements from the Department of Defense and the White House. 251

Cooperation increases legitimacy of US action and solves the root cause of terrorism – comparatively outweighs military responses
Picco et. Al, 6 – (Giandomenico Picco Chairman and Chief Executive, Graham E. Fuller Adjunct Professor of History, Simon Fraser University, Alistair Millar Director, Center on Global Counter-Terrorism Cooperation, Robert Trager Assistant Professor of Political Science, University of California Los Angeles, Dessislava P. Zagorcheva Ph.D. Candidate, Columbia University, Panel Discussion with Stanley Foundation, “Effective Counterterrorism in a Globalized World:
Reclaiming the Edge of Legitimacy,” http://secure.stanleyfoundation.org/registration/securityconference/panels/counterterrorism.php)
Tactical terrorists use violence to achieve a specific political (usually local) goal and
AND
need to work globally in cooperation with others to address its root issues.

Empirics prove – backlash from local populations over indefinite detention increases the threat of terrorism.
Tyler, et al, ’10 Tom (Macklin Fleming Professor of Law and Professor of Psychology at Yale Law School); Stephen Schulhofer (Robert B. McKay Professor of Law at New York University School of Law); and Aziz Z. Huq (Assistant Professor of Law and Herbert and Marjorie Fried Teaching Scholar at the University of Chicago School of Law), “Legitimacy and Deterrence Effects in¶ Counterterrorism Policing: A Study of Muslim¶ Americans”, Law and Society Review, RSR
A countervailing view in the terrorism literature, however,¶ warns of the potential of
AND
levels of¶ violence (Kilcullen 2009; McCauley 2006; Sharp 1973).

Scenario 2 is Intelligence –
Indefinite detention destroys intel sharing with Europe
Hathaway, et al, ’13 Oona (Gerard C. and Bernice Latrobe Smith
AND
Yale Journal of International Law, Vol. 38, 2013, RSR
Many key U.S. allies have been unwilling to cooperate in cases involving
AND
international prosecutorial ¶ cooperation, such as the sharing of testimony and evidence.

European intelligence cooperation is key to create a global framework to solve terrorism- US Short of international law derails it
Pleschinger, 11 – (Stefanie, graduate of the International Relations Masters program at Yale University, “Allied Against Terror:
Transatlantic Intelligence
Cooperation,” http://yalejournal.org/wp-content/uploads/2011/01/062106pleschinger.pdf)
Disagreements between EU member state governments and the United States also negatively affect direct EU
AND
the immediate threat of global terrorism will require closer cooperation at an accelerated pace

Scenario 3 is Extradition –
Allies won’t extradite terror suspects to the US over due process concerns – destroys intel gathering and causes suspects to be released – plan is key
Kris, 2011 (David, Assistant Attorney General for National Security at the U.S. Department of Justice from March 2009 to March 2011 “Law Enforcement as a Counter Terrorism Tool”  6/15/2011 acc at http://jnslp.com//wp-content/uploads/2011/06/01_David-Kris.pdf
Finally, the criminal justice system may help us obtain important¶ cooperation from other
AND
extradited because they do not face charges pending in the¶ foreign nation.

1AC – Credibility
Advantage  is Credibility –
Current handling of trials threatens to destroy the transatlantic alliance – specifically harms military cooperation with Germany and Britain.
Parker ‘12 Tom Parker, formerly policy director for Terrorism, Counterterrorism and Human Rights at Amnesty International USA. He is also a former officer in the British Security Service, “U.S. Tactics Threaten NATO” 9-17-12, http://nationalinterest.org/commentary/us-tactics-threaten-nato-7461, 8-03-13
A growing chasm in operational practice is opening up between the United States and its
AND
Something has to give—and it may just be the Atlantic alliance.

Lack of trials destroys US credibility the MOST – legitimacy is key because terrorism is not a conventional threat
Welsh ’11 David Welsh, J.D. from the University of Utah. He is currently a doctoral student in the Eller School of Business at the University of Arizona where his research focuses on organizational fairness and ethics, “Procedural Justice Post-9/11: The Effects of Procedurally Unfair Treatment of Detainees on Perceptions of Global Legitimacy”, 9 U.N.H. L. Rev. 261, March 2011, Lexis
The Global War on Terror n1 has been ideologically framed as a struggle between the
AND
this article offers a psychological perspective of legitimacy in the context of detention. 

Legislation is key to persuade allies – AUMF proves
Chesney et al 13  Robert Chesney, American lawyer and Professor of Law at Texas School of Law, Jack Goldsmith, Matthew Waxman, Benjamin Wittes, Real Clear Politics, 2-25, http://www.realclearpolitics.com/articles/2013/02/25/is_the_war_on_terror_lawful_117146.html
Third are the international costs of a renewed AUMF. This is a complex issue
AND
persuading allies that the U.S. position is a reasonable one.

Britain and Germany are critical to NATO’s success and American engagement
Aronsson and Keller, 2012 (Lisa is a Transatlantic Security Studies, Royal United Services Institute and Patrick is a coordinator at the Royal United Services Institute for Defence and Security Studies and the Konrad-Adenauer-Stiftung, “British-German Defense Co-Operation in NATO” May 2012. Konrad Adenauer Stiftunt, RUSI Institute. Web, Acc at http://www.rusi.org/downloads/assets/OP_201205_Aronsson_and_Keller.pdf
NATO is central to both British and German defence policy planning and is the primary
AND
hold onto its ambition to shape global affairs in partnership with the US.

First impact is soft power –
Transatlantic cohesion is key to solve multiple nuclear threats
Anti-westernism
Religious extremism
Rising revisionist global wars
New nuclear states
Brzezinski ‘9 former U.S. National Security Adviser, 09 (Zbigniew, “An Agenda for NATO” Toward a Global Security Web September/October 2009),
NATOand#39;s potential is not primarily military. Although NATO is a collective-security alliance
AND
focused aroused Muslim resentments on the United States and the West more generally.
Second impact is hard power –

Legitimacy makes deterrence effective
Welsh ’11 David Welsh, J.D. from the University of Utah. He is currently a doctoral student in the Eller School of Business at the University of Arizona where his research focuses on organizational fairness and ethics, “Procedural Justice Post-9/11: The Effects of Procedurally Unfair Treatment of Detainees on Perceptions of Global Legitimacy”, 9 U.N.H. L. Rev. 261, March 2011, Lexis
In February 2006, the United Nations Working Group on Arbitrary Detention spoke out against
AND
to go against what people may want at the moment without suffering debilitating consequences
Only leadership through legitimacy cements the right kind of US power and creates world peace- the alternative is mass chaos and apolarity
Kromah ’09 Lamii Moivi Kromah, Dept IR University of the Witwatersrand, February 2009, “The Institutional Nature of U.S. Hegemony: Post 9/11,” http://wiredspace.wits.ac.za/bitstream/handle/10539/7301/MARR2009.pdf
A final major gain to the United States from the benevolent hegemony has perhaps been
AND
is more problematic. Institutions nevertheless provide a part of the necessary explanation.

1AC – Solvency
Contention 2 is Solvency
The US Court of Appeals decision in Al Maqeleh v. Gates created a legal black hole for detainees in an “active theater of war,” barring them from habeas protections under the Geneva Conventions
Nikkel 12, 2012, J.D. Candidate, 2012, William S. Boyd School of Law, Las Vegas; B.A., 2009, University of Nevada, Reno. Nevada Law Journal. Spring 2012. The Author would like to thank Professor Christopher L. Blakesley, Professor Terrill Pollman, and the Nevada Law Journal staff for helping with the research and writing of this Note.) Web, Lexis Nexis.
Dilawarand#39;s horrific death was one of many prisoner abuses at Bagram Airfield since late 2001
AND
governed military commissions) and domestic courts refuse to hear their habeas claims.

This decision left executive power open ended to detain without due process  
Nikkel 12, 2012, J.D. Candidate, 2012, William S. Boyd School of Law, Las Vegas; B.A., 2009, University of Nevada, Reno. Nevada Law Journal. Spring 2012. The Author would like to thank Professor Christopher L. Blakesley, Professor Terrill Pollman, and the Nevada Law Journal staff for helping with the research and writing of this Note.) Web, Lexis Nexis.
In this age of terrorism and moral relativism, one conclusion emerges clearly: Al
AND
and erased that line, staining it instead with the mark of War.

Obama’s speech has called on Congress to remove restrictions on detainment
Josh Rogin 13, senior correspondent for national security and politics for Newsweek and The Daily Beast, May 23, 2013, “How Obama Bungled the Guantánamo Closing” http://www.thedailybeast.com/articles/2013/05/23/how-obama-bungled-the-guantanamo-closing.html
.¶ Obama took that issue head-on Thursday when he called on Congress to
AND
S. military base inside the United States from potential attack by terrorists?”

Revisiting Geneva is necessary – it’s modeled.
De Nevers, 2006 (Renee is an assistant professor of public administration at the Maxwell School at Syracure Univeristy. “Modernizing the Geneva Conventions.” The Center for Strategic and International Studies and the Massachusetts Institute of Technology.” The Washington Quarterly. http://www.supportgenevaconventions.org/library/modernizing_the_geneva_conventions.pdf)
¶ With its new variants and actors, the problem of modern war has become
AND
the Geneva conventions¶ and other laws of war, sustaining their precedent.¶ 

Terror courts are key – separates powers.
Pariseault, 2005 (John is a JD Candidate at the university of California, Hastings College of the Law. “Applying the Rule of Law in the War on Terror: An Examination of Guantanamo Bya Through the Lens of the US Constitution and the Geneva Congentions” Spring 2005. 28 Hastings Int’l and Comp. L. Rev. 481)
Specialized, Congressionally-authorized terrorism courts may be the best solution to the issues
AND
subjecting the Executive branch and the Legislature to the rule of law. n123

Incorporating procedural justice into a Domestic Terror Court is key- treatment of each individual detainee influences perception of the United States.  
David Welsh, J.D. from the University of Utah. He is currently a doctoral student in the Eller School of Business at the University of Arizona where his research focuses on organizational fairness and ethics, “Procedural Justice Post-9/11: The Effects of Procedurally Unfair Treatment of Detainees on Perceptions of Global Legitimacy”, 9 U.N.H. L. Rev. 261, March 2011, Lexis
V. The Importance of Procedural Justice¶ In the context of detentions, and#34;
AND
make recommendations about how these rules could be implemented in a DTC model.

All branches are key – allowing one branch to dominate skews the process and destroys solvency.
David Welsh, J.D. from the University of Utah. He is currently a doctoral student in the Eller School of Business at the University of Arizona where his research focuses on organizational fairness and ethics, “Procedural Justice Post-9/11: The Effects of Procedurally Unfair Treatment of Detainees on Perceptions of Global Legitimacy”, 9 U.N.H. L. Rev. 261, March 2011, Lexis
Under the current detention regime, there appears to be little in the way of
AND
By minimizing bias, a major roadblock to reaching accurate decisions is cleared.

The legislative process increases public awareness and debate which is key to resolving the contentious nature of Obama’s demands- even if stakeholders don’t agree with the proposal, the aff’s process ensures embrace, not backlash.
Sillivana, 2009 (Assistant Professor of Law, Paul M. Herbert Law Center, Louisiana State University.“Lincoln’s Constitutionalism in Time of War: Lessons for the War on Terror?” Article: “INTERNATIONAL LAW AND DOMESTIC LEGITIMACY: REMARKS PREPARED FOR LINCOLN’S CONSTITUTIONALISM IN TIME OF WAR: LESSONS FOR THE CURRENT WAR ON TERROR? Chapman Law Review. Spring 2009. Web, Acc 8/14/2013 at http://www.chapmanlawreview.com/?p=1514)
Moreover, the incorporation of international law does not preclude legislative override where necessary.
AND
even if that outcome reflects a decision against the passage of any legislation.

It’s a sequencing question- Congressional action to affirm international law provides the proper framework for legitimate executive action. Gitmo proves structural limitations are a prerequisite to executive action.
Sillivana, 2009 (Assistant Professor of Law, Paul M. Herbert Law Center, Louisiana State University.“Lincoln’s Constitutionalism in Time of War: Lessons for the War on Terror?” Article: “INTERNATIONAL LAW AND DOMESTIC LEGITIMACY: REMARKS PREPARED FOR LINCOLN’S CONSTITUTIONALISM IN TIME OF WAR: LESSONS FOR THE CURRENT WAR ON TERROR? Chapman Law Review. Spring 2009. Web, Acc 8/14/2013 at http://www.chapmanlawreview.com/?p=1514)
B. Extra-Executive Structural Regulations¶ International law provides a substantive framework for
AND
‘humane’ and ‘appropriate’ treatment to the discretion of unknown officials.”73

A DTC keeps both fairness and efficiency in view, but refuses to sacrifice rights in the name of effectiveness.
David Welsh, J.D. from the University of Utah. He is currently a doctoral student in the Eller School of Business at the University of Arizona where his research focuses on organizational fairness and ethics, “Procedural Justice Post-9/11: The Effects of Procedurally Unfair Treatment of Detainees on Perceptions of Global Legitimacy”, 9 U.N.H. L. Rev. 261, March 2011, Lexis
VII. Balancing Fairness, Effectiveness, and Efficiency¶ Although enhancing procedural justice is
AND
enhances both legitimacy and long-term effectiveness in the War on Terror.

Studies quantify a decline in American legitimacy due to indefinite detention policy
David Welsh, J.D. from the University of Utah. He is currently a doctoral student in the Eller School of Business at the University of Arizona where his research focuses on organizational fairness and ethics, “Procedural Justice Post-9/11: The Effects of Procedurally Unfair Treatment of Detainees on Perceptions of Global Legitimacy”, 9 U.N.H. L. Rev. 261, March 2011, Lexis
Similarly, the U.S. military puts itself in harmand#39;s way when it
AND
stands in stark contrast to the constitutional notion of innocent until proven guilty.

President’s authority to detain until the end of hostilities comes from the AUMF.  
Hammond, 2012, (J.D. Candidate 2013, University of Southern California Gould School of Law; B.S. Environmental Economics and Policy 2009, University of California, Berkeley. Southern California Interdisciplinary Law Journal.  22 S. Cal. Interdis. L.J. 193 “NOTE: THE NATIONAL DEFENSE AUTHORIZATION ACT AND THE UNBOUND AUTHORITY TO DETAIN: A CALL TO CONGRESS” Lexis.
n5. One week after the terrorist attacks on September 11, 2001, Congress
AND
States there.and#34; Id. at 516-19 (internal quotations omitted).

1AC – Plan
Plan: The United States federal government should create a domestic terror court to resolve the legal status of persons detained in an Active Theater of War and apply the Geneva Conventions to persons detained in an Active Theater of War.

Tournament: Kentucky | Round: 2 | Opponent: Minnesota Crunkilton-Ehrlich | Judge: Moczulski

1AC – Terrorism

Advantage  is Terrorism –

The risk of a nuclear terrorist attack is high – top UN officials concede

Sturdee, AFP, 7-1 ~Simon, "UN atomic agency sounds warning on ’nuclear terrorism’", Fox News, 7-1-13,
http://www.foxnews.com/world/2013/07/01/un-atomic-agency-sounds-warning-on-nuclear-terrorism/-http://www.foxnews.com/world/2013/07/01/un-atomic-agency-sounds-warning-on-nuclear-terrorism/, RSR~
VIENNA (AFP) – The head of the UN atomic agency warned Monday against
AND
, factories and university campuses and are therefore seen as easy to steal.¶ 

That breaks the nuclear taboo – leads to nuclear war.

Bin ’9 (5-22-09 About the Authors  Prof. Li
AND
University, which he  completed in 2009 under Prof. Li Bin. )
The nuclear taboo is a kind of international norm and this type of norm is
AND
problem, avoid miscalculation and  thereby reduce the danger of a nuclear war. 

Extinction

Ayson 10 (Robert, Professor of Strategic Studies, Director of Strategic Studies: New Zealand, Senior Research Associate with Oxford’s Centre for International Studies. "After a Terrorist Nuclear Attack: Envisaging Catalytic Effects. Studies in Conflict and Terrorism, Volume 33, Issue 7, July 2010, pages 571-593)
But these two nuclear worlds—a non-state actor nuclear attack and a
AND
be admitted that any preemption would probably still meet with a wdevastating response.

Risk of terror only goes one way – comparative studies prove that indefinite detention can only increase terrorism, not prevent it.

Roberts, Associate Professor of Philosophy at East Carolina University, ’11
~Rodney, "Utilitarianism and the Morality of Indefinite Detention", Criminal Justice Ethics, Vol. 30, No. 1, RSR~
Finally, ’’there is no evidence that¶ preventive detention works. Comparative studies
AND
can be selfdefeating*it may increase the likelihood of future attacks.31

We’ll isolate 3 internal links –

Scenario 1 is Resentment –

Current trial process breeds distrust with local populations and causes resentment – that kills effective counter-terror operations

Hathaway Et. Al, 2013, (Oona Hathaway is the Gerard C.
AND
The Yale Journal of International Law. Lexis Nexis. Winter, 2013.)
2. Legitimacy Federal courts are also generally considered more legitimate than military commissions.
AND
in recent statements from the Department of Defense and the White House. 251

Cooperation increases legitimacy of US action and solves the root cause of terrorism – comparatively outweighs military responses

Picco et. Al, 6 – (Giandomenico Picco Chairman and Chief Executive, Graham E. Fuller Adjunct Professor of History, Simon Fraser University, Alistair Millar Director, Center on Global Counter-Terrorism Cooperation, Robert Trager Assistant Professor of Political Science, University of California Los Angeles, Dessislava P. Zagorcheva Ph.D. Candidate, Columbia University, Panel Discussion with Stanley Foundation, "Effective Counterterrorism in a Globalized World:
Reclaiming the Edge of Legitimacy," http://secure.stanleyfoundation.org/registration/securityconference/panels/counterterrorism.php-http://secure.stanleyfoundation.org/registration/securityconference/panels/counterterrorism.php)
Tactical terrorists use violence to achieve a specific political (usually local) goal and
AND
need to work globally in cooperation with others to address its root issues.

Empirics prove – backlash from local populations over indefinite detention increases the threat of terrorism.

Tyler, et al, ’10 ~Tom (Macklin Fleming Professor of Law and Professor of Psychology at Yale Law School); Stephen Schulhofer (Robert B. McKay Professor of Law at New York University School of Law); and Aziz Z. Huq (Assistant Professor of Law and Herbert and Marjorie Fried Teaching Scholar at the University of Chicago School of Law), "Legitimacy and Deterrence Effects in¶ Counterterrorism Policing: A Study of Muslim¶ Americans", Law and Society Review, RSR~
A countervailing view in the terrorism literature, however,¶ warns of the potential of
AND
levels of¶ violence (Kilcullen 2009; McCauley 2006; Sharp 1973).

Scenario 2 is Intelligence –

Indefinite detention destroys intel sharing with Europe

Hathaway, et al, ’13 Oona (Gerard C. and Bernice Latrobe Smith
AND
Yale Journal of International Law, Vol. 38, 2013, RSR~
Many key U.S. allies have been unwilling to cooperate in cases involving
AND
international prosecutorial ¶ cooperation, such as the sharing of testimony and evidence.

European intelligence cooperation is key to create a global framework to solve terrorism- US Short of international law derails it

Pleschinger, 11 – (Stefanie, graduate of the International Relations Masters program at Yale University, "Allied Against Terror:
Transatlantic Intelligence
Cooperation," http://yalejournal.org/wp-content/uploads/2011/01/062106pleschinger.pdf)
Disagreements between EU member state governments and the United States also negatively affect direct EU
AND
the immediate threat of global terrorism will require closer cooperation at an accelerated pace

The threat of terrorism in the UK is highest now – intelligence cooperation is key

Lister et al, 9/26 (Paul, Tim, and Nic, "Evidence suggests that Al-Shabaab is shifting focus to ’soft’ targets" CNN. http://www.cnn.com/2013/09/26/world/london-bombing-plot-qaeda/index.html
(CNN) — "Our objectives are to strike London with low-cost
AND
initiative and return al Qaeda to front-page news around the world.

Scenario 3 is Extradition –

Allies won’t extradite terror suspects to the US over due process concerns – destroys intel gathering and causes suspects to be released – plan is key

Kris, 2011 (David, Assistant Attorney General for National Security at the U.S. Department of Justice from March 2009 to March 2011 "Law Enforcement as a Counter Terrorism Tool"  6/15/2011 acc at http://jnslp.com//wp-content/uploads/2011/06/01_David-Kris.pdf
Finally, the criminal justice system may help us obtain important¶ cooperation from other
AND
extradited because they do not face charges pending in the¶ foreign nation.

This will make Europe a safe-haven for terrorism

Sharfstein, 2 - Associate, Strumwasser 26 Woocher, Santa Monica, California. Law Clerk to the Honorable Dorothy W. Nelson, United States Court of Appeals for the Ninth Circuit, 2000-2001. A.B., Harvard College, 1994; J.D., Yale Law School, 2000 (Daniel, "European Courts, American Rights: Extradition and Prison Conditions" 67 Brooklyn L. Rev. 719, Spring, lexis)
A. The Increasing Importance of Extradition
The "vast majority" of people suspected of involvement in the September 11 terrorist
AND
to "seek~~ the broadest possible extradition obligations . . . ." n23

European safe havens are the most likely avenue for WMD terrorism

Ferguson, 4 - scientist-in-residence based in the Washington DC office of the Center for Nonproliferation Studies, Monterey Institute of International Studies (Charles, "The threat of nuclear terrorism in Europe" 2/6, http://www.eurozine.com/articles/2004-06-02-ferguson-en.html-http://www.eurozine.com/articles/2004-06-02-ferguson-en.html)
While most terrorist groups are not motivated to unleash nuclear terror, at least one
AND
reactor, release of radioactivity from research sites could suit nuclear terrorists’ purposes.

1AC – Credibility

Advantage  is Credibility –

Current handling of trials threatens to destroy the transatlantic alliance – specifically harms military cooperation with Germany and Britain.

Parker ’12 Tom Parker, formerly policy director for Terrorism, Counterterrorism and Human Rights at Amnesty International USA. He is also a former officer in the British Security Service, "U.S. Tactics Threaten NATO" 9-17-12, http://nationalinterest.org/commentary/us-tactics-threaten-nato-7461-http://nationalinterest.org/commentary/us-tactics-threaten-nato-7461, 8-03-13
A growing chasm in operational practice is opening up between the United States and its
AND
Something has to give—and it may just be the Atlantic alliance.

Lack of trials destroys US credibility the MOST – legitimacy is key because terrorism is not a conventional threat

Welsh ’11 David Welsh, J.D. from the University of Utah. He is currently a doctoral student in the Eller School of Business at the University of Arizona where his research focuses on organizational fairness and ethics, "Procedural Justice Post-9/11: The Effects of Procedurally Unfair Treatment of Detainees on Perceptions of Global Legitimacy", 9 U.N.H. L. Rev. 261, March 2011, Lexis
The Global War on Terror n1 has been ideologically framed as a struggle between the
AND
this article offers a psychological perspective of legitimacy in the context of detention. 

Legislation is key to persuade allies – AUMF proves

Chesney et al 13  Robert Chesney, American lawyer and Professor of Law at Texas School of Law, Jack Goldsmith, Matthew Waxman, Benjamin Wittes, Real Clear Politics, 2-25, http://www.realclearpolitics.com/articles/2013/02/25/is_the_war_on_terror_lawful_117146.html
Third are the international costs of a renewed AUMF. This is a complex issue
AND
persuading allies that the U.S. position is a reasonable one.

Britain and Germany are critical to NATO’s success and American engagement

Aronsson and Keller, 2012 (Lisa is a Transatlantic Security Studies, Royal United Services Institute and Patrick is a coordinator at the Royal United Services Institute for Defence and Security Studies and the Konrad-Adenauer-Stiftung, "British-German Defense Co-Operation in NATO" May 2012. Konrad Adenauer Stiftunt, RUSI Institute. Web, Acc at http://www.rusi.org/downloads/assets/OP_201205_Aronsson_and_Keller.pdf
NATO is central to both British and German defence policy planning and is the primary
AND
hold onto its ambition to shape global affairs in partnership with the US.

First impact is soft power –

Transatlantic cohesion is key to solve multiple nuclear threats

Anti-westernism
Religious extremism
Rising revisionist global wars
New nuclear states
Brzezinski ’9 former U.S. National Security Adviser, 09 (Zbigniew, "An Agenda for NATO" Toward a Global Security Web September/October 2009),
NATO’s potential is not primarily military. Although NATO is a collective-security alliance
AND
focused aroused Muslim resentments on the United States and the West more generally.

Second impact is hard power –

Legitimacy makes deterrence effective

Welsh ’11 David Welsh, J.D. from the University of Utah. He is currently a doctoral student in the Eller School of Business at the University of Arizona where his research focuses on organizational fairness and ethics, "Procedural Justice Post-9/11: The Effects of Procedurally Unfair Treatment of Detainees on Perceptions of Global Legitimacy", 9 U.N.H. L. Rev. 261, March 2011, Lexis
In February 2006, the United Nations Working Group on Arbitrary Detention spoke out against
AND
to go against what people may want at the moment without suffering debilitating consequences 

Only leadership through legitimacy cements the right kind of US power and creates world peace- the alternative is mass chaos and apolarity

Kromah ’09 ~Lamii Moivi Kromah, Dept IR University of the Witwatersrand, February 2009, "The Institutional Nature of U.S. Hegemony: Post 9/11," http://wiredspace.wits.ac.za/bitstream/handle/10539/7301/MARR2009.pdf-http://wiredspace.wits.ac.za/bitstream/handle/10539/7301/MARR 09.pdf~
A final major gain to the United States from the benevolent hegemony has perhaps been
AND
is more problematic. Institutions nevertheless provide a part of the necessary explanation.

1AC – Plan

Plan: The United States federal government should create a domestic terror court to resolve the legal status of persons detained in an Active Theater of War.

1AC – Solvency

Contention 2 is Solvency

The US Court of Appeals decision in Al Maqeleh v. Gates created a legal black hole for detainees in an "active theater of war," barring them from habeas protections under the Geneva Conventions

Nikkel 12, 2012, J.D. Candidate, 2012, William S. Boyd School of Law, Las Vegas; B.A., 2009, University of Nevada, Reno. Nevada Law Journal. Spring 2012. The Author would like to thank Professor Christopher L. Blakesley, Professor Terrill Pollman, and the Nevada Law Journal staff for helping with the research and writing of this Note.) Web, Lexis Nexis.
Dilawar’s horrific death was one of many prisoner abuses at Bagram Airfield since late 2001
AND
governed military commissions) and domestic courts refuse to hear their habeas claims.

This decision left executive power open ended to detain without due process

Nikkel 12, 2012, J.D. Candidate, 2012, William S. Boyd School of Law, Las Vegas; B.A., 2009, University of Nevada, Reno. Nevada Law Journal. Spring 2012. The Author would like to thank Professor Christopher L. Blakesley, Professor Terrill Pollman, and the Nevada Law Journal staff for helping with the research and writing of this Note.) Web, Lexis Nexis.
In this age of terrorism and moral relativism, one conclusion emerges clearly: Al
AND
and erased that line, staining it instead with the mark of War.

Obama’s speech has called on Congress to remove restrictions on detainment

Josh Rogin 13, senior correspondent for national security 26 politics for Newsweek and The Daily Beast, May 23, 2013, "How Obama Bungled the Guantánamo Closing" http://www.thedailybeast.com/articles/2013/05/23/how-obama-bungled-the-guantanamo-closing.html-http://www.thedailybeast.com/articles/2013/05/23/how-obama-bungled-the-guantanamo-closing.html
.¶ Obama took that issue head-on Thursday when he called on Congress to
AND
S. military base inside the United States from potential attack by terrorists?"

Revisiting Geneva is necessary – it’s modeled.

De Nevers, 2006 (Renee is an assistant professor of public administration at the Maxwell School at Syracure Univeristy. "Modernizing the Geneva Conventions." The Center for Strategic and International Studies and the Massachusetts Institute of Technology." The Washington Quarterly. http://www.supportgenevaconventions.org/library/modernizing_the_geneva_conventions.pdf-http://www.supportgenevaconventions.org/library/modernizing_the_geneva_conventions.pdf)
¶ With its new variants and actors, the problem of modern war has become
AND
the Geneva conventions¶ and other laws of war, sustaining their precedent.¶ 

Terror courts are key – separates powers.

Pariseault, 2005 (John is a JD Candidate at the university of California, Hastings College of the Law. "Applying the Rule of Law in the War on Terror: An Examination of Guantanamo Bya Through the Lens of the US Constitution and the Geneva Congentions" Spring 2005. 28 Hastings Int’l 26 Comp. L. Rev. 481)
Specialized, Congressionally-authorized terrorism courts may be the best solution to the issues
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subjecting the Executive branch and the Legislature to the rule of law. n123-https://www-lexisnexis-com.libproxy.usc.edu/lnacui2api/frame.do?tokenKey=rsh-20.973149.869420501426target=results_DocumentContent26returnToKey=20_T1797467964726parent=docview26rand=137667675988026reloadEntirePage=true

Incorporating procedural justice into a Domestic Terror Court is key- treatment of each individual detainee influences perception of the United States.

David Welsh, J.D. from the University of Utah. He is currently a doctoral student in the Eller School of Business at the University of Arizona where his research focuses on organizational fairness and ethics, "Procedural Justice Post-9/11: The Effects of Procedurally Unfair Treatment of Detainees on Perceptions of Global Legitimacy", 9 U.N.H. L. Rev. 261, March 2011, Lexis
V. The Importance of Procedural Justice¶ In the context of detentions, "
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make recommendations about how these rules could be implemented in a DTC model.

All branches are key – allowing one branch to dominate skews the process and destroys solvency.

David Welsh, J.D. from the University of Utah. He is currently a doctoral student in the Eller School of Business at the University of Arizona where his research focuses on organizational fairness and ethics, "Procedural Justice Post-9/11: The Effects of Procedurally Unfair Treatment of Detainees on Perceptions of Global Legitimacy", 9 U.N.H. L. Rev. 261, March 2011, Lexis
Under the current detention regime, there appears to be little in the way of
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By minimizing bias, a major roadblock to reaching accurate decisions is cleared.

The legislative process increases public awareness and debate which is key to resolving the contentious nature of Obama’s demands- even if stakeholders don’t agree with the proposal, the aff’s process ensures embrace, not backlash.

Sillivana, 2009 (Assistant Professor of Law, Paul M. Herbert Law Center, Louisiana State University."Lincoln’s Constitutionalism in Time of War: Lessons for the War on Terror?" Article: "INTERNATIONAL LAW AND DOMESTIC LEGITIMACY: REMARKS PREPARED FOR LINCOLN’S CONSTITUTIONALISM IN TIME OF WAR: LESSONS FOR THE CURRENT WAR ON TERROR? Chapman Law Review. Spring 2009. Web, Acc 8/14/2013 at http://www.chapmanlawreview.com/?p=1514-http://www.chapmanlawreview.com/?p=1514)
Moreover, the incorporation of international law does not preclude legislative override where necessary.
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even if that outcome reflects a decision against the passage of any legislation.

It’s a sequencing question- Congressional action to affirm international law provides the proper framework for legitimate executive action. Gitmo proves structural limitations are a prerequisite to executive action.

Sillivana, 2009 (Assistant Professor of Law, Paul M. Herbert Law Center, Louisiana State University."Lincoln’s Constitutionalism in Time of War: Lessons for the War on Terror?" Article: "INTERNATIONAL LAW AND DOMESTIC LEGITIMACY: REMARKS PREPARED FOR LINCOLN’S CONSTITUTIONALISM IN TIME OF WAR: LESSONS FOR THE CURRENT WAR ON TERROR? Chapman Law Review. Spring 2009. Web, Acc 8/14/2013 at http://www.chapmanlawreview.com/?p=1514-http://www.chapmanlawreview.com/?p=1514)
B. Extra-Executive Structural Regulations¶ International law provides a substantive framework for
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’humane’ and ’appropriate’ treatment to the discretion of unknown officials."73

A DTC keeps both fairness and efficiency in view, but refuses to sacrifice rights in the name of effectiveness.

David Welsh, J.D. from the University of Utah. He is currently a doctoral student in the Eller School of Business at the University of Arizona where his research focuses on organizational fairness and ethics, "Procedural Justice Post-9/11: The Effects of Procedurally Unfair Treatment of Detainees on Perceptions of Global Legitimacy", 9 U.N.H. L. Rev. 261, March 2011, Lexis
VII. Balancing Fairness, Effectiveness, and Efficiency¶ Although enhancing procedural justice is
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enhances both legitimacy and long-term effectiveness in the War on Terror.

Studies quantify a decline in American legitimacy due to indefinite detention policy

David Welsh, J.D. from the University of Utah. He is currently a doctoral student in the Eller School of Business at the University of Arizona where his research focuses on organizational fairness and ethics, "Procedural Justice Post-9/11: The Effects of Procedurally Unfair Treatment of Detainees on Perceptions of Global Legitimacy", 9 U.N.H. L. Rev. 261, March 2011, Lexis
Similarly, the U.S. military puts itself in harm’s way when it
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stands in stark contrast to the constitutional notion of innocent until proven guilty.

President’s authority to detain until the end of hostilities comes from the AUMF.

Hammond, 2012, (J.D. Candidate 2013, University of Southern California Gould School of Law; B.S. Environmental Economics 26 Policy 2009, University of California, Berkeley. Southern California Interdisciplinary Law Journal.  22 S. Cal. Interdis. L.J. 193 "NOTE: THE NATIONAL DEFENSE AUTHORIZATION ACT AND THE UNBOUND AUTHORITY TO DETAIN: A CALL TO CONGRESS" Lexis.
n5. One week after the terrorist attacks on September 11, 2001, Congress
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States there." Id. at 516-19 (internal quotations omitted).

Tournament: UMKC | Round: 1 | Opponent: Kansas BC | Judge:
2AC Drones
Obama speech – Rogin 

Shift to Yemen
Lopapa, 9/8 (Frank, “US Drones Bombing Pakistan While Congress Debates Bombing Syria” Policymic. Web, acc 9/8/2013 http://www.policymic.com/articles/62501/u-s-drones-bombing-pakistan-while-congress-debates-bombing-syria
The primary recipients of American drone strikes continue to be Pakistan and Yemen, and
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a War on Terror, the United States will continue justifying their use.
Drone strikes increased in Yemen
Danczuk, 8/30 (Josef, Amidst diplomatic Closing and terror plots, US drone strikes increase in Yemen” The International. Web, Acc 8/30/2013) http://www.theinternational.org/articles/459-amidst-diplomatic-closings-and-terror-plo
Although the United States does not publicly comment on individual drone strikes, they have
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the result is oftentimes only wider political unrest on the ground in Yemen.
Overall levels of violence may increase, but the effectiveness and impact of those attacks goes way down. Prefer our comparative evidence here—violence has to be evaluated in terms of frequency and magnitude.
Wilner 10, (Alex S. Wilner, Center for Security Studies, ETH Zurich, Swiss Federal Institute of Technology, Targeted Killings in Afghanistan: Measuring Coercion and Deterrence in Counterterrorism and Counterinsurgency, Studies in Conflict and Terrorism, Vol. 33 No. 4, 09 Mar 2010, http://dx.doi.org/10.1080/10576100903582543)

Generally, overall violence increased following the targeted eliminations (Figure 2). This was
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and off-duty police commanders, rather than hardened, military actors.

Tournament: UMKC | Round: 1 | Opponent: Kansas BC | Judge:
2AC End to Hostilities CP

CP causes circumvention and more detention.   
Hammond, 2012, (J.D. Candidate 2013, University of Southern California Gould School of Law; B.S. Environmental Economics and Policy 2009, University of California, Berkeley. Southern California Interdisciplinary Law Journal.  22 S. Cal. Interdis. L.J. 193 “NOTE: THE NATIONAL DEFENSE AUTHORIZATION ACT AND THE UNBOUND AUTHORITY TO DETAIN: A CALL TO CONGRESS” Lexis.
¶ A. The Executive's Incentive to Over-Detain¶  ¶ The executive branch
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n96 To this day, some of these detained individuals remain missing. n97
Doesn’t solve legitimacy- Israel relations prove executive foreign policy commitments aren’t trusted.
Justin C. Danilewitz, 2004 Fellow and JD candidate, university of Pennsylvania Law School and the Fletcher School of Law and Diplomacy; A.B., Harvard (magna cum laude). The Ties That Bind: U.S. Foreign Policy Commitments and the Constitutionality of Entrenching Executive Agreements, 14 J. Transnat’l L. and Pol’y 87, 91 (2004). –
Of course, the significance of the supposed American¶ commitment from the Israeli perspective
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questions remains. It is to that subject that I now¶ turn.

Tournament: UMKC | Round: 1 | Opponent: Kansas BC | Judge:
2AC Kappeler
Individual solutions are bad – focusing on the individual over personalizes politics and causes false believe in change

LOBEL 7, Professor of Law, University of San Diego,   (Orly, Harvard Law Review, 120 Harv. L. Rev. 937)

This celebration of multiple micro-resistances seems to rely on an aggregate approach -
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to focus on minor achievements as representing the boundaries of their willed reality.

Judiciary is critical to prevent individuals tyrannizing – we shouldn’t trust in an active citizenry absent a commitment to the courts

Delmas 6, Candice, Georgia State University, "Liberalism and the Worst-Result Principle: Preventing Tyranny, Protecting Civil Liberty" Philosophy Theses. Paper 14.
This is certainly an attractive goal, not precluded by the worst-result principle
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citizenry while dividing power and limiting government in order to protect fundamental freedoms.

Tournament: UMKC | Round: 1 | Opponent: Kansas BC | Judge:
2AC Politics
Feinstein is on board with the plan and no link - plan get’s bundled with 2014 defense authorization bill
Feinstein and Durbin, 8/14 (Dianne and Dick, United States Senators. “How to close Gitmo.” Los Angeles Times. Web, Acc at http://www.latimes.com/news/opinion/la-oe-feinstein-durbin-close-gitmo-20130814,0,432429.story
The 2014 Senate defense authorization bill will come up for debate on the Senate floor
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as a champion of human rights.¶ It is time to close Guantanamo.
That’s after (fiscal debate/Syria debate)
GSN, 9/11 (Global Security Newswire, “Levin: NDAA Won’t Pass Before Fiscal Year Starts” Web, Acc 9/12/2013 at http://www.nationaljournal.com/global-security-newswire/levin-ndaa-won-t-pass-before-fiscal-year-starts-20130911

Senate Armed Services Committee Chairman Carl Levin (D-Mich.) on Wednesday predicted
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probably end up closer to the end of the session than I’d like.”
She’s key to getting GOP votes for his agenda
SF Gate  12 (“Dianne Feinstein: 4 decades of influence”, http://www.sfgate.com/politics/article/Dianne-Feinstein-4-decades-of-influence-3968314.php)
She revels in split-the-baby deal making: "I think my
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the aisle too. But with Dianne, that does not happen." '
non link uniqueness and Obama won’t push- Obama aids have been pushing plan relentlessly
Klaidman, 7/31 (Daniel, national political correspondent for Newsweek and The Daily Beast and the author of Kill or Capture: The War on Terror and the Soul of the Obama Presidency, “Obama’s Secret Gitmo plan” Newsweek. Web, Acc 8/31/2013)
Ever since Obama vowed to “go back at” the Guantánamo challenge in a
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, Guantánamo will likely be open for business for many years to come.
Tea Party will hold debt ceiling hostage inevitably – enough to trigger the impact
Jones, 9-13-’13 (Sarah, “Another Obama Success That Republicans Can’t Handle As Deficit Shrinks to 5 Year Low” Politics USA, http://www.politicususa.com/2013/09/13/republicans-threaten-raise-debt-ceiling-deficit-smallest-years.html)
Republicans are threatening not to raise the debt ceiling unless funding for Obamacare is delayed
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explain to their base and their funders that the ObamaCare fight is over.

Partisan fights ensure no agreement
Weisman, 9-12-’13 (Jonathan, “Boehner Seeking Democrats’ Help on Fiscal Talks” http://www.nytimes.com/2013/09/13/us/politics/at-meeting-with-treasury-secretary-boehner-pressed-for-debt-ceiling-deal.html?pagewanted=all)
Much of the federal government will shut down as of Oct. 1 unless Congress
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,” Mr. Reid added. “I do feel sorry for him.”

Plan is popular with the GOP – being used as a rallying call to attract different demographics.
McLaughlin, 8/9 (Rand Paul: GOP Can grow base by opposing indefinite detention” The Washington Times. Web, Acc 8/15/2013. http://m.washingtontimes.com/news/2013/aug/9/rand-paul-gop-can-grow-base-opposing-indefinite-de/) 

Sen. Rand Paul says that one of the ways he can bring more minority
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have drug laws or a court system that disproportionately punishes the black community.”
Even if Obama has backed off of Syria, it sapped his pc for the domestic agenda*
Morrissey, 9-12-’13 (Ed, “Tapper: Did Obama’s Syria fumble blow his political capital?” http://hotair.com/archives/2013/09/12/tapper-did-obamas-syria-fumble-blow-his-political-capital/)
The video here is instructive not because of the discussion that ensues, but because
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the quickest way to lame-duck status in second-term history.
Obama not even discussing debt ceiling – it’s back-burner-ed
Al Jazeera America 9/11 “Obama pays high political price for fumbling on Syria” Naureen Khan Washington D.C. Digital Reporter
http://america.aljazeera.com/articles/2013/9/11/obama-pays-high-politicalpriceforhandlingofsyria.html
Obama’s priorities are indeed on hold for the short term. Immigration reform has not
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“Accidental diplomacy,” he said, was no way to exude leadership.

Tournament: UMKC | Round: 1 | Opponent: Kansas BC | Judge:
T – Restriction
Geneva means POW status

Eppinger, 13 (monica, “Article: Reality Check: Detention in the War on Terror.” The Catholic University Law Review. 62 Cath. U.L. Rev. 325) Lexis
Preventive detention has been the object of long and serious thought by states party to
AND
government control would complicate such action (or expedite it under Afghan authority).
POW status would require release at the conclusion of hostilities.
Pariseault, 2005 (John is a JD Candidate at the university of California, Hastings College of the Law. “Applying the Rule of Law in the War on Terror: An Examination of Guantanamo Bya Through the Lens of the US Constitution and the Geneva Congentions” Spring 2005. 28 Hastings Int’l and Comp. L. Rev. 481)
¶ A. Prisoners of War¶  ¶ Prisoner of war status entitles detainees to
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treated humanely, but will not receive prisoner of war status. n31¶

Counter interp: Statutory restrictions are controls or limits imposed by the legislative body
Blacks Online Legal Dictionary 13
(2nd Edition, http://thelawdictionary.org/statutory-restriction/)
Statutory Restriction- Limits or controls that have been place on activities by its ruling legislation.

Tournament: Ndt | Round: 6 | Opponent: Missouri - Kansas City Ajisafe-Fisher | Judge: Kennedy, Kuswa, Turner
1AC

US detention policy is an act of Islamophobia informed by a culture of collective suspicion and prejudice – the aff is a form of EMPATHY and DISCUSSION that attempts to efface Islamaphobia.

Koenigsknecht 12, Public History MA Candidate
~October 04, 2012, Theresa Koenigsknecht is Public History MA Candidate at Indiana University-Purdue University at Indianapolis, "Perspectives on Post 9/11 Prejudices: Islamophobia", http://blog.gitmomemory.org/2012/10/04/perspectives-on-post-911-prejudices-islamophobia/~~
Have the September 11th terrorist attacks changed how you view or treat others? For
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or treat those around them and in time provide an antidote for Islamophobia. 

These constructions create a broader state of violence against Islamic bodies and bodies that are racially marked to look like them—this manifests itself in xenophobic profiling and immigration policies

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=598726context=lalrev26sei-redir=126referer=http3A2F2Fscholar.google.com2Fscholar3Fq3Dguantanamo2B2522critical2Brace2Btheory252226btnG3D26hl3Den26as_sdt3D0252C526as_vis3D1~~23search=22guantanamo20critical20race20theory22-http://digitalcommons.law.lsu.edu/cgi/viewcontent.cgi?article=598726context=lalrev26sei-redir=126referer=http3A2F2Fscholar.google.com2Fscholar3Fq3Dguantanamo2B2522critical2Brace2Btheory252226btnG3D26hl3Den26as_sdt3D0252C526as_vis3D1, 63 La. L. Rev. (2003)~
To illustrate how race can be socially constructed, I will use myself as an
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a form of punishment for giving material support to terrorist groups.15 2 

Islamophobia shapes US foreign policy—notions of western superiority are a critical tool 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~~
KUMAR: Absolutely not. I think it is true that larger numbers of conservative
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Americans and people who look Muslim have been demonized since 9/11.

Different standards for non-US individuals in military tribunals legitimize hostile difference

Hastings 14 *Jaime L. Hastings, Esq. is an attorney and a legal/public policy research analyst with the U.S. Department of Defense. She is based in Arlington, VA. The views expressed herein are those of the author and should not be attributed to the U.S. Department of Defense. The Terror Courts: Rough Justice at Guantanamo Bay, YaleJournal.org • January 8, 2014
Until 2001, they never were envisioned as a permanent element of the American justice
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. . invite~s~ reciprocal action by hostile governments".~5~ 

The impact is torture – it's a new kind of torture – the waterboarding tables are put away, but the torture of detention without cause persists

Kebriaei, 14 (The Torture that Flourishes from Gitmo to an American Supermax, The Nation. Pardiss Kebriaei, 1/30/2013) Web, Acc at http://www.thenation.com/article/178172/torture-flourishes-gitmo-american-supermax-http://www.thenation.com/article/178172/torture-flourishes-gitmo-american-supermax
¶ I just returned from Guantánamo, where I met with my client Ghaleb Al
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process can legitimize profound unfairness, and barbarity is masked by utter normality.

We think the United States federal government should grant Article III Courts exclusive jurisdiction to resolve the legal status of persons detained in an Active Theater of War.

The plan is critical to exposing torture and preventing use of the death penalty

Gorski 12/20 Ashley, Nadine Strossen Fellow, National Security Project, ACLU, Guantánamo Dispatch: Why Military Commissions? 12-20, https://www.aclu.org/blog/national-security/guantanamo-dispatch-why-military-commissions
I'm writing from Guantánamo Bay, where I've been observing pre-trial proceedings in
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that from their inception, they were designed to obscure evidence of torture. 

Tort strategies provide forums for a unique and critical form of speaking 'truth' to biopower through the expression of individual bodily experience. Individuals are enabled to speak their own experience, disrupting dominant narratives of the body.

Anne Bloom 13 writes Anne, Professor of Law, the University of the Pacific/McGeorge School of Law. Southwestern Law Review, 41 Sw. L. Rev. 241
"Speaking "Truth' to Biopower" is a pragmatic strategy for legal activism that
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least in theory, some respect and "collective responsibility" is owed. 

Trials create stories and media attention that run counter to the executive's national security narrative.

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
The current wave of lawsuits comes in the two forms detailed below. Some actors
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creates a story that runs contrary to the executive branch's national security narrative.

Scrutiny over detention throws the government into crisis

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
Paust wants to hold these lawbreakers and their legal enablers accountable. His book,
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the meaning and function of this hallowed notion, the rule of law.

Each habeas trial will document the government's manipulation of power

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
The choice-of-flights dilemma exemplifies one of two conflicting images of government
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the availability of a cause of action for damages under the Constitution. n9

THE LAW IS NOT PERFECT, but some legal processes contain sources of value. In the criminal justice system – in certain contexts – the right to defend oneself from an accuser deserves to be defended

Williams 8  *Daniel R, Associate Professor of Law, Northeastern University School of Law.
Penn State Law Review, Summer, 113 Penn St. L. Rev. 55
My point here is that this overwhelming cultural drive threatens the vital and already-
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of an American exceptionalism that regards "America" as a normative concept.

Tournament: Ndt | Round: 4 | Opponent: Harvard Bolman-Suo | Judge: Evans, Gonzalez, Spies
NDT 1AC (Special Forces)
1AC – Plan
The United States federal government should grant existing Article III courts exclusive jurisdiction over the legal status of individuals indefinitely detained under the War Powers authority of the President of the United States.
1AC – Solvency
Article III Trials have already been tried for high profile suspects with no serious ramifications
Bruinius, 3/25 (“Osama bin Laden’s son-in-law ‘uneventful.” That’s a big deal. Yahoo News, Web, Acc 3/25/2014 http://news.yahoo.com/trial-osama-bin-ladens-son-law-uneventful-why-214237150.html
A Manhattan jury began to ... as images of the planes fly into the World Trade Center and explode.¶
Prosecution in federal courts solves best—multiple reasons, experts agree
Oona Hathaway, Professor, International Law, Yale Law School, Samuel Adelsberg, Spencer Amdur, Philip Levitz, Freya Pitts and Sirine Shebaya, “The Power to Detain: Detention of Terrorism Suspects after 9/11,” YALE JOURNAL OF INTERNATIONAL LAW v. 38, Winter 2013, p. 161-167.
The United States is still actively engaged in hostilities ... more intelligence over the course of prosecution. n262
1AC – Intel Coalitions
Advantage 1 is Intelligence –
Scenario 1 is the UK –
British intelligence is over-stretched in the SQ
Rogan, 1/23 (Tom, “Why Syria is Forcing British Intelligence Into Hard Choices” The American Spectator. Web, ACc 2/5/2013 http://spectator.org/articles/57510/why-syria-forcing-british-intelligence-hard-choices
These are busy and difficult times at New Scotland Yard, ... borders in deeply troubling ways. ¶
Britain’s foreign and domestic intelligence services are not cooperating – even the Parliament knows it
Parker ‘12 Tom Parker, formerly policy director for Terrorism, Counterterrorism and Human Rights at Amnesty International USA. He is also a former officer in the British Security Service, “U.S. Tactics Threaten NATO” 9-17-12, http://nationalinterest.org/commentary/us-tactics-threaten-nato-7461, 8-03-13
European governments that have tried ... has to give—and it may just be the Atlantic alliance.
Britain hates US indefinite detention – they stopped participating in joint CIA ops
Pearlstein 9, Visiting Research Scholar and Lecturer in Public and International Affairs, Woodrow Wilson School of Public and International Affairs, Princeton University, ‘9 Deborah, “WE'RE ALL EXPERTS NOW:¶ A SECURITY CASE AGAINST SECURITY DETENTION”, Case Western Journal of International Law, Vol. 40, 2009, RSR
articularly in the challenge of counterterrorism ... to a sate's strategic¶ counterterrorism plan.
Intelligence structures are key to the success of special ops
Ara 11 Martin J., Lieutenant, United States Navy M.S., London School of Economics, AND Thomas Brand Lieutenant, Colonel, German Army B.S., University of the German Federal Armed Forces Munich, , AND Brage Andreas Larssen, Major, Norwegian Army B.S., Norwegian Military Academy, Oslo, December 2011, “HELP A BROTHER OUT: A CASE STUDY IN MULTINATIONAL INTELLIGENCE SHARING, NATO SOF,” http://www.dtic.mil/dtic/tr/fulltext/u2/a556078.pdf*Note: SOF = Special Operation Forces
NATO’s essential purpose is to safeguard the freedom and ... and optimize the intelligence available to NATO SOF units.
SOF key to counter A2/AD capabilities globally---key to effective power projection and U.S. defense alliances
Jim Thomas 13, Vice President and Director of Studies at the Center for Strategic and Budgetary Assessments, and Chris Dougherty is a Research Fellow at the Center for Strategic and Budgetary Assessments, 2013, “BEYOND THE RAMPARTS THE FUTURE OF U.S. SPECIAL OPERATIONS FORCES,” http://www.csbaonline.org/wp-content/uploads/2013/05/SOF-Report-CSBA-Final.pdf
The spread of advanced military technologies, such as ... opportunities, SOF are uniquely suited to address them asymmetrically.
Solves a laundry list of nuclear conflicts
Mackenzie Eaglen 11, research fellow for national security – Heritage, and Bryan McGrath, former naval officer and director – Delex Consulting, Studies and Analysis, “Thinking About a Day Without Sea Power: Implications for U.S. Defense Policy,” Heritage Foundation
Global Implications. Under a scenario of dramatically ...  slowdown in the international supply chain with impacts in the billions of dollars.16
Scenario 2 is Germany –
Active German-US cooperation is critical to shared databases, surveillance and travel tracking
Miko 4  Francis T. Miko, Specialist in International Relations, Foreign Affairs, Defense, and Trade Division, CRS Report for Congress, Received through the CRS Web, Order Code RL32710, 12-27
U.S.-German cooperation in the area of information ... used by terrorist to target the United States.
Allies won’t extradite terror suspects to the US over due process concerns – causes release and safe havens
Kris 11 (David, Assistant Attorney General for National Security at the U.S. Department of Justice from March 2009 to March 2011 “Law Enforcement as a Counter Terrorism Tool”  6/15/2011 acc at http://jnslp.com//wp-content/uploads/2011/06/01_David-Kris.pdf
Finally, the criminal justice system may help ... because they do not face charges pending in the¶ foreign nation.
US-German intelligence coalitions are too ad hoc and must be expanded
Zelikow 13  Philip, professor at the University of Virginia and was executive director of the 9/11 Commission, Financial Times, 11-8, http://www.ft.com/intl/cms/s/0/b9e95818-4715-11e3-b4d3-0014...
The uproar over US intelligence collection in friendly countries ... on both sides with profound importance over time.
Plan is a key concession for shared access to databases
IISS 6 Strategic Comments, the International Institute for Strategic Studies, The International Institute for Strategic Studies, is a London-based independent think-tank, 6-11, http://www.worldsecuritynetwork.com/Other/no_author/Cooperative-Intelligence
Consequently, there is a growing realisation ... will have to be kept discreet and infrequent.
Safe havens are the most likely avenue for WMD use
Ferguson, 4 – scientist-in-residence based in the Washington DC office of the Center for Nonproliferation Studies, Monterey Institute of International Studies (Charles, “The threat of nuclear terrorism in Europe” 2/6, http://www.eurozine.com/articles/2004-06-02-ferguson-en.html)
While most terrorist groups are not motivated to unleash ... sites could suit nuclear terrorists' purposes.
The threat of cross border terrorism is high – coop key to monitoring early phases of radicalization
Renard 14  Thomas, senior research fellow at Egmont – Royal Institute for International Relations, an independent Brussels-based think tank, and ESPO project leader at Egmont. EUROPEAN STRATEGIC PARTNERSHIPS OBSERVATORY, Confidential partnerships? The EU, its strategic partners and international terrorism, working paper n.4 January
Overall, terrorist activities (approximated by ... its efforts on counter-terrorism, at the regional and global levels.
Terrorists can fly an airplane into a nuclear power plant
White and Santoro 14 “The potential for the sabotage of research reactors and nuclear power plants by terrorist groups” Special Report by the Australian Strategic Policy Institute. Web, Acc at https://www.aspi.org.au/publications/preventing-nuclear-terrorism-australias-leadership-role/SR63_prevent_nuclear_terrorism.pdf
The potential for the sabotage of research ...  an aeroplane into a nuclear power plant.
Europe’s reactors aren’t built to withstand this
Edwards, 6 (Rob, “Europe's new nuclear reactors will not be 9/11-proof” New Scientist. Web, Acc http://www.newscientist.com/article/dn9191-europes-new-nuclear-reactors-will-not-be-911proof.html#.UvHGcWRDvNA
¶ New nuclear reactors planned to be built ... available on a dozen websites. So far, EDF has declined to comment.
Instantly kills millions
Lean 3 (Geoffrey, “Attack on nuclear plan ‘could kill 3.5 m” The Independent. Web, Acc 2/24/2014) http://www.independent.co.uk/environment/attack-on-nuclear-plant-could-kill-35m-9085908.html
More than three and a half million people ... to rush this. A year is a very, very short time in the half life of plutonium."
Also causes retaliatory escalation and extinction
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 ... as a 100 years, taking a savage toll upon the environment
These impacts are epistemologically and methodologically valid---our authors are self-reflexive
Michael J. Boyle 8, School of International Relations, University of St. Andrews, and John Horgan, International Center for the Study of Terrorism, Department of Psychology, Pennsylvania State University, April 2008, “A Case Against Critical Terrorism Studies,” Critical Studies On Terrorism, Vol. 1, No. 1, p. 51-64
 Jackson (2007c) calls for the development of an explicitly CTS on the ... scholars does not produce such scathing indictments of its own work.
1AC – Leadership
Advantage 2 is Leadership
US leadership is uncertain in the SQ
Roberts 14 Williams, AL JAZEERA, 1-29, http://www.aljazeera.com/indepth/features/2014/01/obama-calls-shift-from-war-diplomacy-20141296833617321.html
Obama has pulled the US back from ... also, wherever possible, enforced", they said.
A new global push is attempting to rein in indefinite detention – November’s UN negotiations prove
Lynch 11-4  Colum, Foreign Policy, Global Push to Rein in U.S. Moves from Spying to Gitmo, http://thecable.foreignpolicy.com/posts/2013/11/04/un_usa_nsa_gitmo
"There is an effort to push back by the international ... relationship with American intelligence agencies.
That ruins the Western alliance – US-EU partnership critical to global stability
Daul 13  Joseph, Chairman of the largest political group in the European Parliament - EPP Group, Huffington Post, 5-16
In today's multilateral, multipolar world, Europe and ... we need to translate this into action.
Monitoring and search capability to prevent nuclear theft in Pakistan
Sanger and Schmitt 14 DAVID E. SANGER and ERIC SCHMITT, NYT, 1-26
The risk that President Obama may be forced ... one former senior American counterterrorism official said.
Global nuclear war
William Pitt 9, NYT best selling author on international affairs, "Unstable Pakistan Threatens the World," ARAB AMERICAN NEWS, 5--8--09, www.arabamericannews.com/news/index.php?mod=articleandcat=commentaryandarticle=2183

But a suicide bomber in Pakistan rammed a car ... gravely serious about addressing the situation. So should we all.
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, ... this time the outcome could be not just terrorism but nuclear war.
Enhancing US-German cooperation is critical to greater German involvement in Afghanistan reconstruction.
Miko 4  Francis T. Miko, Specialist in International Relations, Foreign Affairs, Defense, and Trade Division, CRS Report for Congress, Received through the CRS Web, Order Code RL32710, 12-27
This could mean, for instance, that Germany might ....  by Germany’s stance on other international issues.
War and violence is at its lowest level---best statistical studies prove
John M. Owen 11, Professor of Politics at University of Virginia PhD from Harvard "DON’T DISCOUNT HEGEMONY" Feb 11 www.cato-unbound.org/2011/02/11/john-owen/dont-discount-hegemony/
Andrew Mack and his colleagues at the Human  ... support for liberal democracy remains strong.
Defer to our statistical and longitudinal analysis – makes predictions about world politics possible *
Ward and Metternich, Professors PolSci Duke University, 11-16-’12 (Michael and Nils, “Predicting the Future Is Easier Than It Looks” Foreign Policy, http://www.foreignpolicy.com/articles/2012/11/16/predicting_the_future_is_easier_than_it_looks)
Before Billy Bean and the sabermetric revolution upended baseball and ... there is room for seeing the water in the glass, not just how big the glass is.

2ac
T
We meet—trial means they are NO LONGER INDEFINITELY DETAINED
C/I—War powers authority of indefinite detention is keeping people without being charges filed—the aff means he can no longer do that for a CATEGORY OF PEOPLE
The Committee on Federal Courts 4 2004, The Committee on Federal Courts, “THE INDEFINITE DETENTION OF "ENEMY COMBATANTS": BALANCING DUE PROCESS AND NATIONAL SECURITY IN THE CONTEXT OF THE WAR ON TERROR *”, 59 The Record 41, The Record of The Association of The Bar of the City of New York

The President, assertedly acting under his "... detainee is an enemy combatant.
Their interpretation slices half the topic
Our interpretation is more precise by citing a court case—that means our limit is predictable and better reflects the topic
Context - we cite a COURT case, and your authors
Default to reasonability—competing interpretations leads to a race to limit out affs at the expense of substance—affs need to know they’re topical

Legitimacy
No circumvention and the courts are effective—the executive will consent
Prakash and Ramsay 12, Professors of Law
 2012, Saikrishna B. Prakash is a David Lurton Massee, Jr. Professor of Law and Sullivan and Cromwell Professor of Law, University of Virginia School of Law., and Michael D. Ramsey is a Professor of Law, University of San Diego School of Law; “The Goldilocks Executive”, Review of THE EXECUTIVE UNBOUND:AFTER THE MADISONIAN REPUBLIC. By Eric A. Posner and Adrian Vermeule, 90 Texas L. Rev. 973, http://www.texaslrev.com/wp-content/uploads/Prakash-Ramsey-90-TLR-973.pdf

The Courts.—The courts constrain the ... as what a court will likely order.
Congress solves circumvention---raises political costs
Ilya Somin 11, Professor of Law at George Mason University School of Law, June 21 2011, “Obama, the OLC, and the Libya Intervention,” http://www.volokh.com/2011/06/21/obama-the-olc-and-the-libya-intervention/
But I am more skeptical than Balkin that illegal ... President Obama will suffer any political damage over Libya.

Nato likes drones
Reittman, 9/19 (Andres, “NATO wants EU Coutnries to buy more drones” http://euobserver.com/defence/121506
BRUSSELS - Nato chief Anders Fogh ... into our Nato missile defence," he plans to add.¶
Germany uses them –
Dempsey, 7/23 (Judy, “Germans Play for Time in the Debate on Drones.” NYT. http://www.nytimes.com/2013/07/23/world/europe/23iht-letter23.html?_r=0
There is another reason why the Social ... with minimum transparency on costs and viability.
So does Britain –
Fox, 2013 (“Sharp rise in British drone use in Afghanistan” 8/6/2013. http://www.foxnews.com/world/2013/09/06/sharp-rise-in-british-drone-use-in-afghanistan/
LONDON (AFP) – The British military fired nearly ..., Britain's Reaper drones are capable of carrying laser-guided Hellfire missiles.

Death penalty not an issue
Kris, 2011 (David, Assistant Attorney General for National Security at the U.S. Department of Justice from March 2009 to March 2011 “Law Enforcement as a Counter Terrorism Tool”  6/15/2011 acc at http://jnslp.com//wp-content/uploads/2011/06/01_David-Kris.pdf
In negotiating the extradition and ... of U.S. authorities in joint EU investigations
Rendition facilities no longer feasible – Afghanistan and Iraq withdrawal and domestic litigation pressure.
Chesney, 12/19 (Robert, Charles I. Francis Professor in Law at the University of Texas School of Law, as well as a non-resident Senior Fellow of the Brookings Institution. His scholarship encompasses a wide range of issues relating to national security and the law, including detention, targeting, prosecution, covert action, and the state secrets privilege; most of it is posted here., Unwinding Detention in Afghanistan: Are Military Commissions in the United States the Solution?” Lawfare. 12/19/2013. Web, Acc 2/4/2013) http://www.lawfareblog.com/2013/12/unwinding-detention-in-afghanistan-are-military-commissions-in-the-united-states-the-solution/#.UvIXj2RDvNA
Why not just stick with the status ... to deal with them, before our options dwindle further.

Germany won’t investigate – the phone scandal will fizzle out

BLOME 14  NIKOLAUS, Spiegel, 1-20, http://www.spiegel.de/international/europe/nsa-syping-scandal-a-944415-2.html

And most people involved are relatively ... given in the paragraph: "The danger of a great disservice to Germany."

K
Failure to provide an actualizable alternative is why their critique has failed – even if representations matter, changing them in intellectual spaces is insufficient*
Haverluk et al, Professor Econ and Geoscience at US Air Force Academy, ’14 (Terrence Haverluk, Kevin Beauchemin, and Brandon Mueller, January, “The Three Critical Flaws of Critical Geopolitics: Towards a Neo-Classical Geopolitics” Geopolitics, p 1-21, TandFOnline)
Classic geopolitik and its links to state power and imperialism .... of geography as an academic discipline.
No prior questions
David Owen Professor of Social and Political Philosophy and Deputy Director, Centre for Philosophy and Value, University of Southhampton, “Re-Orientating International Relations:  On Pragmatism, Pluralism and Practical Reasoning” MILLENIUM: JOURNAL OF INTERNATIONAL STUDIES, 2002, p. 655-7.

Commenting on the ‘philosophical turn’ in IR, ...second dangers, and so a potentially vicious circle arises.
Evaluate consequences
Isaac 2 (Jeffrey Isaac, Professor of political science at Indiana University, Ph.D Yale, Director of Center for Study of Democracy and Public Life, Spring 2002, “End, Means, and Politics,” Dissent Magazinze, vol. 49, no. 2)
As a result, the most important political questions are ... undermines political effectiveness

Permutation refuse and problematize the cultural grammar of security.
1NC #1
Terrorism is a threat- their critique replicates the logic preceding the attacks on Britain- this turns the case and ensures the aff results in massive terrorist attacks
Jones ‘6 (The commentariat and discourse failure: language and atrocity in Cool Britannia International Aff airs 82: 6 (2006) 1077–1100 © 2006 The Author(s). Journal Compilation © 2006 Blackwell Publishing Ltd/The Royal Institute of International Aff airs DAVID MARTIN JONES AND M. L. R. SMITH)
Rather than accept the existence ... and the elitist dream of a post-national constellation, represents the only secure basis for liberal democratic order.
1NC #2
No risk of heg bad---US engagement and reintervention are inevitable---it’s only a question of making it effective
Robert Kagan 11 is a contributing editor to The Weekly Standard and a senior fellow in foreign policy at the Brookings Institution. "The Price of Power" Jan 24 Vol 16 No18 www.weeklystandard.com/articles/price-power_533696.html?page=3
In theory, the United States could ... effectively  when things go wrong.
Turn - Moving away from security creates new challengers and increases the risk of war
Doran, 99  (Charles, Professor of International Relations at Johns Hopkins University's School of Advanced International Studies, Survival, 1999, Summer, p. 148-9, proquest)

The conclusion, then, is that the ... all of this contributes to the spiral of uncertainty that leads in the end to war.
A2: Intervention Impact
No impact – economics and public pressure prevents endless intervention
Ben Ami, VP of Toledo International Centre for Peace, ’11 (Shlomo, July 1, “Arab Spring, Western Fall” Project Syndicate, http://www.project-syndicate.org/commentary/benami55/English)
The old vocation of what Rudyard Kipling called the “White Man’s Burden” – ... chase guerrillas, build schools, or sip tea.”

Securitization norms are only effective if there’s an audience to accept it. 

Hartkorn 9 Siris, Lunds University Department of Political Science - Peace and Conflict Studies, In search for strength, A case study of regime (in)security in Yemen
Securitization is therefore the next ... but only a securitizing move (Buzan, Wæver and Wilde 1998, pp. 25). 

Reception-theory proves representations don’t “create reality”. Audiences are smart enough to reach their own conclusions.

Kraus 89 et al – Sidney Kraus is a professor in the Department of Communication at Cleveland State University and Dennis Giles is also in the Department of Communication at Cleveland State University. Political Psychology, Vol. 10, No. 3 (Sep), pp. 522-3 http://www.jstor.org/stable/3791366
Edelman assumes (like the early Frankfurt School) that ... preferred by the political and media institutions.

Institutions
These isntitutions are INEVITABLE -  its try or die for effectiveness
Ikenberry 11
John, “The Future of the Liberal World Order” http://www.foreignaffairs.com/articles/67730/g-john-ikenberry/the-future-of-the-liberal-world-order May/June mtc
NO OTHER ORDER¶ Meanwhile, there is no ... governance -- and no competing political ideals even lurk on the sidelines.
No way to change the system The impact to US imperialism is minimal—and other powers are worse, which turns the alt
Victor Davis Hanson 2, Ph. D. in Classics, Senior Fellow at the Hoover Institution, Stanford University, a Professor Emeritus at California University, Fresno, “A Funny Sort of Empire: Are Americans really so imperial?” National Review Online, November 27, 2002, http://www.victorhanson.com/articles/hanson112702.html, 

It is popular now to talk of the American "... populace, not constrain a blood-drunk rabble.

1ar
1AR – K Overview
They create a reparative fantasy
Welsh 12 Scott Department of Communication Appalachian State University (“Coming to Terms with the Antagonism between Rhetorical Reflection and Political Agency”, Philosophy and Rhetoric, Vol. 45, No. 1, 2012, Jstor)
What does it mean to say rhetoric scholarship ... without absolving scholars of responsibility to them.
1AR – Individual Alts: Strathausen
You should affirm socio-political results as more important than self-analysis
Strathausen 4, Assoc Pf of German and English Studies, U of Missouri-Columbia, (Carsten, theory @ buffalo 9)
Confronted with this criticism, Bourdieu readily ... historically and solved pragmatically, not theoretically.
1AR – Framework
Absent policy questions shifts in knowledge production are useless – governments’ obey institutional logics that exist independently of individuals and constrain decisionmaking
Wight – Professor of IR @ University of Sydney – 6 (Colin, Agents, Structures and International Relations: Politics as Ontology, pgs. 48-50
One important aspect of this relational ontology is ... reflect upon it, upon its specific characteristics, its constants and its variables’.
1NC Affect
We should recognize that this sort of affective politics is too easy
Zizek 4 (Slavoj, Senr Reschr @ Dept of Philosophy, U of Ljubjana, Critical Inquiry, Winter)
However, productive as this Deleuzian ... the free flow of Becoming; it is 

Spec Ops
Special ops are critical to smaller footprints and more contained violence.
Trombly 12  Dan, International Affairs with a concentration in Conflict and Security at George Washington University. Center for a New American Security, He has previously published in The Atlantic, Foreign Policy, and authored a study on the uses of small arms in terrorist tactics, Gunpowder and Lead, 2-16, http://gunpowderandlead.org/2012/02/shadow-wars-and-shoddy-policy/
JSOC has been tasked with leading the way in ... its ability to conduct large, nation-building type wars.  

A2 Endless War
No risk of endless warfare
Gray 7—Director of the Centre for Strategic Studies and Professor of International Relations and Strategic Studies at the University of Reading, graduate of the Universities of Manchester and Oxford, Founder and Senior Associate to the National Institute for Public Policy, formerly with the International Institute for Strategic Studies and the Hudson Institute (Colin, July, “The Implications of Preemptive and Preventive War Doctrines: A Reconsideration”, http://www.ciaonet.org/wps/ssi10561/ssi10561.pdf)
7. A policy that favors preventive warfare expresses a futile ... strategy, though not always policy, must be nothing if not pragmatic.