Tournament: - | Round: 1 | Opponent: - | Judge: -
ideen.saiedian at gmail dot com
nathanielhaas2 at gmail dot com

Tournament: Kentucky | Round: 1 | Opponent: Michigan State Placitis-Brown | Judge: Cohn

1NC

K

Politics is Schmittian – trying to fight the executive on their own battlefield is naïve – the aff is just a liberal knee-jerk reaction that swells executive power

Kinniburgh, 5/27 – (Colin, Dissent, 5-27, http://www.dissentmagazine.org/blog/partial-readings-the-rule-of-law-http://www.dissentmagazine.org/blog/partial-readings-the-rule-of-law)
The shamelessness of the endeavor is impressive—a far cry, in many ways
AND
laws of war, meeting them on their terms is a dangerous game.

Legality is what feeds a new form of muscular liberalism where these illusions cannot see how much they sustain it which legitimizes wars for democracies and doctrines of pre-emption

Motha 8 *Stewart, Senior Lecturer, Kent Law School, University of Kent, Canterbury, Kent, Journal of Law, Culture, and Humanities Forthcoming 2008, Liberal Cults, Suicide Bombers, and other Theological Dilemmas
A universalist liberal ideology has been re-asserted. It is not only neo
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the crucible on which the new alignment of the liberal left is forged.

The alternative is to reject the 1ac in favor of reconceptualizing where authority emanates from—-we need to take a step outside the legal realm and build a culture of resilience against executive power

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,
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better, despite the lack of a Madisonian separation of legislative and executive powers

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. The Executive should request Congressional authorization prior to initiating offensive use of military force.

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
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our government back in line with the principles envisioned by our Founders. 21

Internal checks comparatively solve better and don’t link to politics

Metzger ’9, Gillian E. Metzger, Professor of Law @ Columbia Law School, "The Interdependent Relationship Between Internal and External Separation of Powers" 59 Emory L.J. 423, Emory Law Journal, 2009
Several bases exist for thinking that internal separation of powers mechanisms may have a comparative
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perceived as contributing to more fully informed and expertise-based decisionmaking. 79

DA

Obama has momentum for negotiations – GOP conditions failing

Calmes and Weisman, 10-2-’13 (Jackie and Jonathan, "Obama Sets Conditions for Talks: Pass Funding and Raise Debt Ceiling" New York Times, http://www.nytimes.com/2013/10/03/us/politics/congress-budget-battle.html?_r=0)
In their first meeting since a budget impasse shuttered many federal operations, President Obama
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rest three years of gridlock and turmoil in the Republican-led 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
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to its costs than if Congress stood behind him in the international arena.

PC is key

Henninger, 10-2-’13 (Daniel, "Obama’s Washington Colosseum" Wall Street Journal, http://online.wsj.com/article/SB10001424052702303722604579111492249901278.html)
Despite the institutional difficulties, one may still ask whether the responsibility of any president
AND
indeed a spectacle. Absent presidential leadership, it may engulf us all.

Collapses the economy

Kurtzleben, 10-3-’13 (Danielle, "Treasury: Debt Ceiling Could Mean Worse Times Than Great Recession" http://www.usnews.com/news/articles/2013/10/03/treasury-debt-ceiling-could-mean-worse-times-than-great-recession)
Just as the nation is working its way out of the worst recession since the
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the only way around this crisis is for Congress to raise the limit.

Global economic crisis causes nuclear war

Cesare Merlini 11, nonresident senior fellow at the Center on the United States and Europe and chairman of the Board of Trustees of the Italian Institute for International Affairs, May 2011, "A Post-Secular World?", Survival, Vol. 53, No. 2
Two neatly opposed scenarios for the future of the world order illustrate the range of
AND
theocratic absolutes, competing or converging with secular absolutes such as unbridled nationalism.

SOLVENCY

Congressional limitations cause greater executive reliance on PMCs. The drug war in Columbia proves the link

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
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initiate more conflict than the public might otherwise have been willing to support.

Leads to quicker intervention and causes the President to not depend on coalitions – 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
Hence with lower political opportunity costs for waging war, the president may be more
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military privateers, privatization provides opportunities to subvert these carefully arrived at arrangements.

Status quo solves and disproves their authors.  Even though Obama claimed authority on Syria, the fact that he asked for authorization sets a sufficient precedent

Peter M. Shane 9-2-2013; Author, ’Connecting Democracy’ and ’Madison’s Nightmare’; Law professor, "Rebalancing War Powers: President Obama’s Momentous Decision"
http://www.huffingtonpost.com/peter-m-shane/rebalancing-war-powers-pr_b_3853232.html-http://www.huffingtonpost.com/peter-m-shane/rebalancing-war-powers-pr_b_3853232.html
But seeking authorization for a military strike against Syria marks the first time that a modern-day president has taken the initiative to elicit legislative approval for a military action that, by the President’s own reckoning, will neither be a prolonged, nor a boots-on-the-ground operation. In announcing his decision, President Obama, like both Presidents Bush, declared that he possessed the constitutional authority to act unilaterally. He said he does not need Congress’ approval in order to proceed. But historical precedents have consequences. Whatever their formal legal views, the Bushes’ decisions helped cement a consistent pattern: With the exception of Korea, the United States has never engaged in a massive or prolonged military deployment without some form of explicit congressional sanction. A President acting unilaterally to start what is sometimes called "a real war" henceforth would probably be courting impeachment.

Congressional restrictions fail—everyone sucks

Gene Healy 2009 (vice president at the Cato Institute) "Reclaiming the War Power" http://object.cato.org/sites/cato.org/files/serials/files/cato-handbook-policymakers/2009/9/hb111-10.pdf
 Each of these proposals has the merit of demanding that Congress carry the burden
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war power will not be forthcoming unless and until American citizens demand it.

The executive will arbitrarily define words, they don’t care

Pollack, 13 — MSU Guggenheim Fellow and professor of history emeritus ~Norman, "Drones, Israel, and the Eclipse of Democracy," Counterpunch, 2-5-13, www.counterpunch.org/2013/02/05/drones-israel-and-the-eclipse-of-democracy/, accessed 9-1-13, mss~
Bisharat first addresses the transmogrification of international law by Israel’s military lawyers.  We might
AND
–seems overly much, and not a murmur from an adoring public.

Congressional oversight means more secrecy

Greenwald 12 THURSDAY, JUN 7, 2012 03:05 AM PDT Probing Obama’s secrecy games Will high-level Obama officials who leak for political gain be punished on equal terms with actual whistleblowers? BY GLENN GREENWALD
What all of this reflects is the wildly excessive, anti-democratic secrecy behind
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U.S. Government secrecy powers even beyond where they are now.

The President can easily use the Covert Action Statute to justify any imminent threat

Lawfare 12 Legality of U.S. Government’s Targeted Killing Program under Domestic Law, http://www.lawfareblog.com/wiki/the-lawfare-wiki-document-library/targeted-killing/legality-of-targeted-killing-program-under-u-s-domestic-law/
Nevertheless, Bradley and Goldsmith explain, even if Congress did not authorize the U
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II, and thus does not expand the scope of the President’s authority.

The executive will give the Congress the finger – secrecy, media and lying

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 beliefs prior to becoming President Mr. Obama, as the Executive’s
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and covering them up when caught - throws its very legitimacy into question.

Libya proves this argument – the administration won’t cave to congressional restraints

Kucinich 11 Rep. Dennis (D-OH), "Obama in Libya," The Progressive, June 2011,
http://www.progressive.org/kucinich0611.html
In two years, we have moved from President Bush’s doctrine of preventive war to
AND
the mission. This is a clear and arrogant violation of our Constitution.

1NC Intervention

Aff pushes the executive into war – congress will impose hawkish positions – empirics prove

Daniel Trombly 12, Foreign Policy writier, International Affairs degree George Washington University, Shadow wars and shoddy policy FEBRUARY 16, 2012 http://gunpowderandlead.org/category/civil-military-relations/
Regardless of how legal JSOC’s activities are abroad though, relying on Congress to hold
AND
failures of Yemen are failures of policy, not of JSOC or drones.

No groupthink—Congress wouldn’t help

Posner and Vermeule, 7 – *Kirkland and Ellis Professor of Law at the University of Chicago Law School AND professor at Harvard Law School (Eric and Adrian, Terror in the Balance: Security, Liberty, and the Courts p. 46-47)
The idea that Congress will, on net, weed out bad policies rests on
AND
to block harmful policies, whereas executive decisionmaking is relatively centralized and unitary.
The contrast is drawn too sharply, because in practice the executive is a they
AND
of Arab Americans in Michigan, often a swing state in presidential elections.
It is not obvious, then, that statutory authorization makes any difference at all
AND
resists the stampede toward bad policies and safeguards the interests of oppressed minorities.
Even if that condition obtains, however, the argument for authorization goes wrong by
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policies that need to be adopted quickly if they are to be effective.

No escalation—executives will be responsible

Weiner 2007
Michael Anthony, J.D. Candidate, Vanderbilt School of Law, 2007, "A Paper Tiger with Bite: A Defense of the War Powers Resolution," http://www.vanderbilt.edu/jotl/manage/wp-content/uploads/Weiner.pdf
IV. CONCLUSION: THE EXONERATED WPR AND THE WOLF IN SHEEP’S CLOTHING The WPR
AND
a significant role in improving the implementation of presidential unilateral uses of force.

They don’t solve spoofing:

A) They’ll just bait OTHER countries to intervene

B) Congress wouldn’t be able to know any better

1NC Warfighting

Obama’s not Bush—no backlash to liberal order

Aziz 13 (Omer, graduate student at Cambridge University, is a researcher at the Center for International and Defense Policy at Queen’s University, "The Obama Doctrine’s Second Term," Project Syndicate, 2-5, http://www.project-syndicate.org/blog/the-obama-doctrine-s-second-term—by-omer-aziz-http://www.project-syndicate.org/blog/the-obama-doctrine-s-second-term~-~-by-omer-aziz)
The Obama Doctrine’s first term has been a remarkable success. After the 243
AND
is the final nail in the coffin of the neoconservatives’ failed imperial policies. 

Soft power fails - empirics

Drezner 11
Daniel W. Drezner, Professor of International Politics at the Fletcher School of Law and Diplomacy at Tufts University, Foreign Affairs, July/August 2011, "Does Obama Have a Grand Strategy?", http://www.foreignaffairs.com/print/67869-http://www.foreignaffairs.com/print/67869
What went wrong? The administration, and many others, erred in believing that
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as promoting narrow U.S. interests rather than global public goods.

ANY alt cause takes out the aff

Gray ’11 ~Colin S, Professor of International Politics and Strategic Studies at the University of Reading, England, and Founder of the National Institute for Public Policy, "Hard Power And Soft Power: The Utility Of Military Force as An Instrument Of Policy In The 21st Century," April, http://www.strategicstudiesinstitute.army.mil/pubs/display.cfm?pubID=1059~~
It bears repeating because it passes unnoticed that culture, and indeed civilization itself,
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it may be, a country cannot easily escape legacies from its past. 

Heg is unsustainable – rising challengers and erosion in political, military and economic cred

Layne ’12 Christopher Layne, Robert M. Gates Chair in Intelligence and National Security at the George Bush School of Government and Public Service at Texas A26M University, noted neorealist, "This Time It’s Real: The End of Unipolarity and the Pax Americana," International Studies Quarterly (2012) 56, 203-213
Some twenty years after the Cold War’s end, it now is evident that both
AND
and the United States’ own domestic economic weaknesses, it already is withering.

No causality between hegemony and peace

-this card is really good
Fettweis 11 Christopher, Professor of Political Science @ Tulane, Dangerous Times?: The International Politics of Great Power Peace, pg. 172-174
The primary attack on restraint, or justification of internationalism, posits that if the
AND
worth noting for our purposes that the United States was no less safe.

1NC SOP

Can’t solve – detention, drones, and other WOT policies are all alt causes

SOP resilient

Rosman 96 ~Michael E. Rosman (General Counsel @ Center for Individual Rights; JD from Yale); Review of "FIGHTING WORDS: INDIVIDUALS, COMMUNITIES AND LIBERTIES OF SPEECH"; Constitutional Commentary 96 (Winter, p. 343-345)~
Of course, the other branches also shove at the boundaries of branch power—
AND
change its approach to separation of powers to prevent a slide into tyranny. 

No reverse causal—countries won’t magically clean up their act

Chodosh 03 (Hiram, Professor of Law, Director of the Frederick K. Cox International Law Center, Case Western Reserve University School of Law, 38 Tex. Int’l L.J. 587, lexis)
Exposure to foreign systems is helpful but seldom sufficient for effective reform design. Reform
AND
institution onto another without comprehensive consideration of the system as a whole. 105

Tournament: Kentucky | Round: 3 | Opponent: Kansas State Mcgrew-Kowalewski | Judge: Guha-Majumdar

1NC

1

Our interpretation is that the aff must defend an increase in statutory and/or judicial restrictions on the war powers authority of the President.

Increase means to make greater

Dictionary.com No Date Given http://dictionary.reference.com/browse/increase?s=ts-http://dictionary.reference.com/browse/increase?s=ts increase - Show IPA verb, in•creased, in•creas•ing, noun verb (used with object)
to make greater, as in number, size, strength, or quality; augment; add to: "to increase taxes."

Restriction on war power authority must be a limit that controls the president

Fisher, 97 – (Louis, Senior Specialist in Separation of Powers, Congressional Research Service, The Library of Congress, "Presidential Independence and the Power of the Purse," U.C. Davis J. Int’l L. 26 Pol’y 107, Lexis)
A legal analysis by Walter Dellinger, at that time Assistant Attorney General for the
AND
the President both the authority and the means to take such initiatives." n131

First is Limits – resolutional limits encourage aff innovation, predictive research on a designated topic, and clash—a precursor to productive education. The inherent value of arguments within limits is greater, which link turns education arguments

Second is Fair ground – the resolution is the only neutral site of stasis for controversy – changing this allows them to define the debate in ways that make it impossible for us to compete and really easy for them to win

Third is decision-making – only maintaining a limited topic of discussion and a clear stasis for both teams provides the necessary and requisite foundation for decision-making and advocacy skills – even if they are contestable, that is different from being valuably debatable

Steinberg 26 Freeley ’8 *Austin J. Freeley is a Boston based attorney who focuses on criminal, personal injury and civil rights law, AND David L. Steinberg , Lecturer of Communication Studies @ U Miami, Argumentation and Debate: Critical Thinking for Reasoned Decision Making pp45-
Debate is a means of settling differences, so there must be a difference of
AND
particular point of difference, which will be outlined in the following discussion.

Effective decision-making is the lynchpin to solve all social and political problems —- this is an impact to limits, role-playing and decision-making that turns case

Lundberg ’10 – (Christian Lundberg, Professor of Communications @ University of North Carolina, Chapel Hill, "Tradition of Debate in North Carolina" in Navigating Opportunity: Policy Debate in the 21st Century By Allan D. Louden, p311)
The second major problem with the critique that identifies a naivety in articulating debate and
AND
with the existential challenges to democracy ~in an~ increasingly complex world. 

Discussions of specific policy-questions is crucial for skills development – we control uniqueness: students already have dogmatic notions about the world – government policy discussions is vital to force engagement with competing perspective to improve social outcomes and break down pre-conceived barriers of what is right – this turns case

Esberg 26 Sagan ’12 – *Jane Esberg is special assistant to the director at New York University’s Center on. International Cooperation. She was the winner of 2009 Firestone Medal, AND Scott Sagan is a professor of political science and director of Stanford’s Center for International Security and Cooperation "NEGOTIATING NONPROLIFERATION: Scholarship, Pedagogy, and Nuclear Weapons Policy," 2/17 The Nonproliferation Review, 19:1, 95-108
These government or quasi-government think tank simulations often provide very similar lessons for
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quickly; simulations teach students how to contextualize and act on information.14

Prefer our evidence because it is more specific to the debate context. Game spaces like debate are distinct from other forms of education and public speaking.  There has to be a balance of ground or else one side claims the moral high ground and creates a de facto monologue

Hanghoj ’8 2008 – PhD, assistant professor, School of Education, University of Aarhus, also affiliated with the Danish Research Centre on Education and Advanced Media Materials, located at the Institute of Literature, Media and Cultural Studies at the University of Southern Denmark (Thorkild, http://static.sdu.dk/mediafiles/Files/Information_til/Studerende_ved_SDU/Din_uddannelse/phd_hum/afhandlinger/2009/ThorkilHanghoej.pdf)
Debate games are often based on pre-designed scenarios that include descriptions of issues
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dialogue as an end in itself" (Wegerif, 2006: 61).
2

There exists an intrinsic antagonism in debate – on one side, debate is always shaped by strategy, winning, and debate theory. The other side is the desire to influence a larger public. The aff’s desire to change the debate community is always shaped by the norms of debate. Your aff will never be receptive to the larger public. We should view outside of the academy as more important than our debate spaces

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)
Giroux’s concluding words, in which scholars reclaim the promises of a truly global democratic
AND
outside the academy that there can be immediate, material, political consequences.

Our argument is particularly true to the 1AC – using debate for political purposes tradeoffs with producing tools useful for the public.

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 should be relevant to democratic practice?
AND
no less of an impediment to the production of democratically consequential rhetoric scholarship.

Alternative – Reject the affirmative because of their use of debate as a conception of political agency. We should keep competing elements of the antagonism in view to understand the limits of debate as political agency in itself

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)
In light of Žižek’s account of antagonism, one should not be surprised, however
AND
of what Žižek calls supplemental ideological fantasies or ready explanations for the gap. 

The question of institutional support is key to expanding wider base for change and caring for other communities – radical exposures fail

Ruggero 9 E. Colin, The New School for Social Research in New York, Center for Energy and Environmental Policy, University of Delaware, Radical Green Populism: Climate Change, Social Change and the Power of Everyday Practices, 11-11, http://theanarchistlibrary.org/library/e-colin-ruggero-radical-green-populism-climate-change-social-change-and-the-power-of-everyday-p
Radicals must carefully deliberate the development of alternative social institutions and intellectual resources for subversion
AND
broadening the cultural-social unity of a wide social base for change.
3

Ideen and I advocate statutory restrictions of the President of the United States’ war powers authority to conduct offensive cyber operations.

A focus on policy is necessary to learn the pragmatic political engagement of powerful institutions – acting without this knowledge is doomed to fail in the face of policy professionals who make the decisions that actually effect outcomes – otherwise you’re politics will get co-opted

McClean ’1 (David E., "The Cultural Left and the Limits of Social Hope", Conference of the Society for the Advancement of American Philosophy, http://www.americanphilosophy.org/archives/past_conference_programs/pc2001/-http://www.americanphilosophy.org/archives/past_conference_programs/pc2001/)
Or we might take Foucault who, at best, has provided us with what
AND
critics with their snobish disrespect for the so-called "managerial class."  
Case

topics of cyber-security get ceded to "technical experts" that destroys meaningful policy deliberation

Shane 12, (Peter M. Shane, Jacob E. Davis and Jacob E. Davis II Chair in Law, Moritz College of Law, The Ohio State University, Cybersecurity Policy as if "Ordinary Citizens" Mattered: The Case for Public Participation in Cyber Policy Making, I/S: A JOURNAL OF LAW AND POLICY, Vol. 8, No. 2, 2012, http://moritzlaw.osu.edu/students/groups/is/files/2012/02/9.Shane_.pdf)
Were Gallup to poll the American people on the question, "What is cybersecurity
AND
model for how to deepen the meaning of citizenship in the digital age.

Voting neg means that people are already smart enough to not need your aff. 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 viewers/auditors of the
AND
from the "dominant" readings preferred by the political and media institutions.

Russia, Israel, and the US prove – a devastating cyberwar is inevitable. Attacks shut down the grid and defenders can’t solve

Baker 11, Denial of Service, BY STEWART BAKER, Stewart Baker is a former official at the U.S. Department of Homeland Security and the National Security Agency. He practices law at Steptoe 26 Johnson in Washington | SEPTEMBER 30, 2011, http://www.foreignpolicy.com/articles/2011/09/30/denial_of_service?page=0,0
No one seriously denies that cyberwar is coming. Russia pioneered cyberattacks in its conflicts
AND
to cause the "irreparable" damage that electric-grid guardians fear.

OCOs key to deterrence and strengthen defensive capabilities

NRC 9, National Research Council of the National Academies, Committee on Offensive Information Warfare, 2009 www.lawfareblog.com/wp-content/uploads/2013/01/NRC-Report.pdf
Recommendation 8: The United States should maintain and acquire effective cyberattack capabilities. Advances
AND
but rather one for information to help policy makers understand the overall effort.)

Goes nuclear

Hunkovic 9 Lee J. Hunkovic — professor at American Military University, 09, ~"The Chinese-Taiwanese Conflict Possible Futures of a Confrontation between China, Taiwan and the United States of America", American Military University, p.54~
A war between China, Taiwan and the United States has the potential to escalate
AND
outcome, therefore, other countries will not be considered in this study. 

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 probability of major war declines for some
AND
contributes to the spiral of uncertainty that leads in the end to war.

Critical interrogations fail - We should study specific solutions to specific problems – The critique of security consigns us to academic irrelevance and decimates politics

Walt 91 (Stephen, Professor at the University of Chicago, International Studies Quarterly 35)
Yet the opposite tendency may pose an even greater danger.  On the whole,
AND
:73), its theoretical progress and its practical value will inevitably decline.
In short, security studies must steer between the Scylla of political opportunism and the
AND
best served by increased dialogue between different methodological approaches (Downs, 1989).

Alt fails - abandoning security impossible

Kavka ’87 (Gregory S., Prof – UC Irvine, Moral Paradoxes of Nuclear Deterrence, p. 86-87)
The lesson of the kidney case seems to be that one can, at most
AND
be quickly ousted and replaced by a government willing to under take them.

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 of a clear and present Islamist threat to western secularism
AND
-national constellation, represents the only secure basis for liberal democratic order. 

2NC

Welsh

There’s also a form of dismissiveness to just "reading" these arguments in debate for "exposure" – it’s a cheap substitute that creates an unstable compromises – prevents effective reflection and reaction

Welsh 13, Scott, Department of Communication Appalachian State University, "Giving Way on One’s Desire: Response to Fuller," Philosophy and Rhetoric, Volume 46, Number 1, pp. 114-121 February 2013 http://muse.jhu.edu/login?auth=026type=summary26url=/journals/philosophy_and_rhetoric/v046/46.1.welsh.html
Might we say that academics work amid a broader competition to enact particular policies,
AND
it is neither one nor the other, it also cannot be both.
Case

It’s better to force the President to openly violate the law – Congressional action is critical to confirming the democratic character of the state

Lederman 7  Marty, Deputy Assistant Attorney General in the Department of Justice’s Office of Legal Counsel, appointed by President Obama in January 2009. Served as an Attorney Advisor in OLC from 1994 to 2002, Associate Professor of Law at Georgetown, Balkinization, 1-9, http://balkin.blogspot.com/2007/01/in-electoral-dreams-begin.html
But even if it would be difficult to enforce such a law does not mean
AND
a good enough reason for losing more American lives, treasure and prestige.

Hackers using cyber weapons now and it’ll become a normal part of future military operations – China will use in the future

Lorber ’13 Eric, J.D. Candidate, University of Pennsylvania Law School, Ph.D Candidate, Duke University Department of Political Science. Journal Of Constitutional Law 15.3 https://www.law.upenn.edu/live/files/1773-lorber15upajconstl9612013-https://www.law.upenn.edu/live/files/1773-lorber15upajconstl9612013.
In what some journalists called the "world’s first cyberwar," hackers linked to the
AND
once deployed, principally by 44 attacking U.S. communication nodes.

US is increasing OCO capabilities and in the lead to counter China, Russia, and North Korea – will comply with international rules

Michaels 4/21, Jim, USATODAY, April 21, 2013 "Pentagon expands cyber-attack capabilities" www.usatoday.com/story/news/nation/2013/04/21/pentagon-expanding-offensive-cyber-capabilities/2085135/
WASHINGTON – The U.S. military is increasing its budget for cyber-
AND
-tactics. Such rules include a concept that responses should be proportional.

Zero-days vulnerability market means rogue states and terrorists have access to OCOs

Gjelten 13, Tom Gjelten, Jan/Feb 2013, "First Strike: US Cyber Warriors Seize the Offensive," World Affairs, http://www.worldaffairsjournal.org/article/first-strike-us-cyber-warriors-seize-offensive
In the past, the main market for these vulnerabilities was software firms themselves who
AND
and specializes in export control law. But other specialists are not convinced.

Unrestrained OCOs are key to military strategy—any efforts at restrictions are doomed to fail and backfire.

Baker 11, Denial of Service, BY STEWART BAKER | SEPTEMBER 30, 2011, http://www.foreignpolicy.com/articles/2011/09/30/denial_of_service?page=0,0
American lawyers’ attempts to limit the scope of cyberwar are just as certain to fail
AND
for their thoughts. But it can’t be done the other way around.

1NR

Limits

This middle ground most effectively resolves their exclusion arguments

Biesta ’9 Gert Biesta et al 9, professor of Education and Director of Research at the School of Education, University of Stirling, Susan Verducci , Assistant Professor at the Humanities Department at San José State University, and Michael S. Katz, professor of philosophy and education at San Jose State, Education, Democracy and the Moral Life, 2009, p. 105-107
This example not only shows why the issue of inclusion is so prominent in the
AND
is to be done remains central" (ibid., p.168).

4. Studies prove—depth is better than breadth.

Arrington 09 (Rebecca, UVA Today, "Study Finds That Students Benefit From Depth, Rather Than Breadth, in High School Science Courses" March 4)
A recent study reports that high school students who study fewer science topics, but
AND
twice as much as those in courses that touched on every major topic.

2NR

A2 Abelism Discourse

Disability rhetoric doesn’t reinforce ableism and rejecting it doesn’t solve- their linguistic gymnastics just papers over oppression

Pierce 2012 (Samantha Pierce, founder and Executive Director of NeuroDiversity Consulting, a firm dedicated to special needs families and educating parents and the community at large about neurodiversity, March 17, 2012, http://www.neurodiversityconsulting.org/1/post/2012/03/person-first-language-the-r-word-and-other-linguistic-gymnastics.html)
In sociology there is a theory, called the Sapir-Whorf thesis (also
AND
than they do never mind what they actually have to say for themselves.

Tournament: Kentucky | Round: 5 | Opponent: Fresno State Holley-Tate | Judge: Gordon

Kentucky R5

1NC

1

The topic provides a unique place for debaters to learn about how to best criticize and advocate for causes that help people in need outside the debate space. If we care about racism, if we care about drone strikes, then the ballot should be about WHAT CAN WE DO?

West 13
 (Cornel, teacher at Union Theological Seminary, former pf at Princeton, Harvard, radio host, author) "Cornel West: Obama’s Response to Trayvon Martin Case Belies Failure to Challenge "New Jim Crow" 7-22-13 democracynow.org/2013/7/22/cornel_west_obamas_response_to_trayvon
AMY GOODMAN: In the aftermath of the Zimmerman verdict and the mass protests around
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the late, great historian Howard Zinn in Indiana. Stay with us.

Case

The concern with ourselves becomes overwhelming – diluting collective liberation
bell hooks 94  Outlaw Culture: Resisting Representations (1994), hooks

Critically examining these blind spots, I conclude that many of us are motivated to
AND
in ways that undermine our individual quest for freedom and collective liberation struggle.

Your over-generalization about debate is the problem. Collective accountability prevents us from seeing the people and actions that are truly the problem.

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 26 Event  Volume 11, Issue 2

Specifically, Arendt rejected the contention that collective accountability for the evils of racism on
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, the terms of that exchange have been predictable, if not hackneyed.

We shouldn’t decide the debate on the basis of first-person traumatic stories – it’s impossible to validate, it’s easily exploited, and it inhibits debate

Subotnik ’98, Professor of Law, Touro College, (Daniel, Cornell Journal of Law and Public Policy, Spring)
What can an academic trained to question and to doubt possibly say to Patricia Williams
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criticize a law review article by questioning the author’s emotional stability or veracity." 

We should not reduce politics to our own oppression – our argument doesn’t assume you have to check your identity at the door – but if this politics is over-emphasized, it impeded judgment by reducing all experience to more of the same and helps conservative politicians who want to reduce experience into special interests

Grossberg ’92 ~Lawrence, "Professor of Communications Studies at the University of North Carolina, We Gotta Get Out of This Place, p. 365-366~
Identity politics is an extension of feminists’ argument that the personal (i.e
AND
nation are privileged, and politics can degenerate into comparative measurements of suffering.

Sharing personal experience will causes judges to fake it

Whitlock ’7, Pf Post Colonial Studies – U of Queensland, (Gillian, Cardozo Studies in Law and Literature, Spring)
At the same time, these postcolonial contexts also suggest the limitations of this healing
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recent conference at Cape Town was the passive resistance to questions of representation.

We should refuse suffering-centric story-telling

Nair ’10, U of Illinois at Chicago’s, Dept of English, Queers for Economic Justice Project Advisory Committee on Immigration 26 Chicago LGBTQ Immigrant Alliance, (Yasmin, Immigrant City: Chicago, 6/6, http://www.usmarxisthumanists.org/articles/whatE28099s-left-of-queer-immigration-sexuality-and-affect-in-a-neoliberal-world/)
Personal stories can help to make systemic conditions more easily understood. But is there
AND
lose sight of the larger story of economic exploitation, at our peril. 

2NC

2NC Cards

And advocating bad ideas is good because it teaches us how they’re wrong

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)
Our job should be to hypothetically advocate as many real policy positions proposed by actual
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better informed, better reasoned, better debated.  That is our politics.  

WE SHOULD NOT BE FOCUSING ON THE FEELINGS AND EXPERIENCES OF PEOPLE WITH PRIVLEDGE.  ASKING THE PRIVLEDGED TO CONFRONT THEIR PRIVLEDGE PUTS THE PRIVLEDGED AT THE CENTER OF STRUGGLE.  IT’S LIKE SAYING THE OPPRESSED NEED TO GET THE PRIVLEDGED TO CONFRONT THEIR OWN PRIVLEDGE INSTEAD OF FIGHTING FOR THEMSELVES

By Selina Musuta and Darby Hickey  , who describe themselves as "two people actively involved in movements for social justice," and "two individuals living at the intersections of race, class, gender, sexuality, nationality, citizenship" "constantly discussing and critiquing what we see happening in the name of "changing the world".
For more than five years, there’s been a lot of talk about addressing privilege
AND
and Canada. This movement to address privilege ends up being very narcissistic.
We are not saying that anti-oppression work is not important, but the
AND
often neglect to see that they are part of a whole racist system.

The lack of conversational goals causes public dialogues to be mired in personal experiences.

Tonn 5   Professor of Communication at the University of Maryland, College Park, Mari Boor, Rhetoric 26 Public Affairs 8.3 (2005) 405-430
First, whereas Schudson primarily offers a theoretical analysis, I interrogate public conversation as
AND
groups flounder at the point where people tire of ’just talking.’"

1NR

No cards

Tournament: Kentucky | Round: 8 | Opponent: Texas Chowdhury-Malone | Judge: Kennedy

1NC

1

War powers authority means the warrant to exercise those powers, not simply the ability to do so.

Zimmerman 09  Fellow, Center for the Study of the Presidency and Congress
Adam, "The Politics Economics Make." March 22, 2009, http://www.thepresidency.org/storage/documents/Fellows2009/Colgate_Zimmerman.pdf
Skowronek distinguishes between presidential power and authority. Power is the formal and informal resources
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expands; the ability of the president to exercise those powers has narrowed.

The resolution indicates affs should advocate topical government change

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. 

They create more Congressional oversight. That may deter some use but does not change the President’s authority in any way.

Explode the topic - they justify barrier to the use of presidential power. There’s an infinite number of functional restrictions that have no lit base and kill clash. Vote negative for fairness and education.

Third is decision making —- effective policy discussions are necessary for skill development —- the aff skirts that question by being able to defend in round discourse and not the political implications of that —-
Steinberg 26 Freeley ’8 *Austin J. Freeley is a Boston based attorney who focuses on criminal, personal injury and civil rights law, AND David L. Steinberg , Lecturer of Communication Studies @ U Miami, Argumentation and Debate: Critical Thinking for Reasoned Decision Making pp45-
Debate is a means of settling differences, so there must be a difference of
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particular point of difference, which will be outlined in the following discussion.

2

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
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way to improve upon it, under the conditions of the administrative state.

The aff creates a façade of constraint that are ineffectual – that makes true restraints impossible and swells executive power – turns their biopower impact

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 26 Event  Volume 11, Issue 2
The examples cited in this section suggest not the formation of an utterly lawless regime
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, 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 to check 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
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

Sequencing is critical – we need non-institutional struggle first if legal solutions will have any chance of success

Nagin 5, Visiting Associate Professor, University of Virginia School of Law,
(Tomiko Brown, "ELITES, SOCIAL MOVEMENTS, AND THE LAW: THE CASE OF AFFIRMATIVE ACTION," Columbia Law Review, 105 Colum. L. Rev. 1436)
Those seeking to have an impact on the political and legal orders should not root
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, ultimately, legal power) are persuaded to act in their favor.

Case

In order for the aff to actually solve they must overwhelm ingrained systems of collective functioning, neo-liberalism, the media and the day to day needs of feeding children. The affirmative is no more than a simplistic philosophical slogan that just assumes that if we describe the world correctly, people will follow along.

Ivakhiv 10   Adrian J, Associate Professor of Environmental Studies – U of Vermont, immanence, partitions of the sensible, http://blog.uvm.edu/aivakhiv/2010/06/20/partitions-of-the-sensible-http://blog.uvm.edu/aivakhiv/2010/06/20/partitions-of-the-sensible
How, then, is a "discursive shift from environmentalism to vital materialism"
AND
is likely to be a quietly inspirational read rather than a transformative one.

Why do we underestimate the non-human?   Because of philosophy that assumes humans are the measure of all things, because we think objects are passive and because of an ACTION BIAS BUILD INTO HUMAN PERCEPTION (Gendered language not advocated)

Bennett and Livingston 12  Jane Bennett, Chair of Political Science Department at Johns Hopkins University and Alexander Livingston SCAPEGOAT, Semi-ology of a Disaster or, Toward a Non-Moralizing Materialism, Issue 2
Why do we then overlook the creative contributions of nonhumans and underestimate their calls?
AND
rather than toward their non-instrumentalizable aspects or thing-powers.7

This is not a trivial concern. For your authors, like Bennett, she admits that there should be a time and place for these kind of micropolitics

We should attempt to choose the right action and the right style of action at the right time – by paying attention to the public

Bennett 11   Jane, Professor Political Theory - Johns Hopkins University, Eurozine, 10-19, http://www.eurozine.com/articles/2011-10-19-loenhart-en.html

You ask another important and difficult question.  Let me begin by saying something "
AND
policy, institutional change but the micro-politics of sensibility-formation.

And your authors admit that seeing the world as actants is no guarantee

Bennett 11   Jane, Professor Political Theory - Johns Hopkins University, Eurozine, 10-19, http://www.eurozine.com/articles/2011-10-19-loenhart-en.html

I agree, of course, that there is a darker side yet to vibrant materialism. Several forces could recoil upon us in a way that eliminates the conditions for human life. There are no cosmic guarantees to be provided by vital materialism.

It’s impossible to ignore the inevitability of individual choice – which makes an understanding of vibrant materiality difficult. Even for the aff, it is humans that will choose whether to view nature as actants, which limits the connectivity of vibrant materialism

Armstrong 12 Rachel, interdisciplinary practitioner with a background in medicine. Her work uses all manners of media to engage audiences and bring them into contact with the latest advances in science and their real potential through the inventive applications of technology, Next Nature, 4-12, http://www.nextnature.net/2012/04/the-ecological-human/

Although ’vibrant materiality’ may initially appear to have unlimited connectivity, it is actually constrained and edited by individual choices. People may alter the composition of their bodies by changing the ’actants’ that constitute their unique human ecology by, for example, choosing to eat different foodstuffs that make them smarter, or happier. They may even nurture unique ecologies that confer an evolutionary advantage such as incorporating telecommunications devices into their living spaces that increase behavioural effectiveness. People may even decide just how far (through the agency of their associated ’actants’) they can directly influence the ecology of the entire planet by recycling material, using renewable energy or growing food

Congressional oversight means more secrecy

Greenwald 12 THURSDAY, JUN 7, 2012 03:05 AM PDT Probing Obama’s secrecy games Will high-level Obama officials who leak for political gain be punished on equal terms with actual whistleblowers? BY GLENN GREENWALD
What all of this reflects is the wildly excessive, anti-democratic secrecy behind
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U.S. Government secrecy powers even beyond where they are now.

The President can easily use the Covert Action Statute to justify any imminent threat

Lawfare 12 Legality of U.S. Government’s Targeted Killing Program under Domestic Law, http://www.lawfareblog.com/wiki/the-lawfare-wiki-document-library/targeted-killing/legality-of-targeted-killing-program-under-u-s-domestic-law/
Nevertheless, Bradley and Goldsmith explain, even if Congress did not authorize the U
AND
II, and thus does not expand the scope of the President’s authority.

The executive will give the Congress the finger – secrecy, media and lying

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 beliefs prior to becoming President Mr. Obama, as the Executive’s
AND
and covering them up when caught - throws its very legitimacy into question.

Libya proves this argument – the administration won’t cave to congressional restraints

Kucinich 11 Rep. Dennis (D-OH), "Obama in Libya," The Progressive, June 2011,
http://www.progressive.org/kucinich0611.html
In two years, we have moved from President Bush’s doctrine of preventive war to
AND
the mission. This is a clear and arrogant violation of our Constitution.

The executive will arbitrarily define words, they don’t care

Pollack, 13 — MSU Guggenheim Fellow and professor of history emeritus ~Norman, "Drones, Israel, and the Eclipse of Democracy," Counterpunch, 2-5-13, www.counterpunch.org/2013/02/05/drones-israel-and-the-eclipse-of-democracy/, accessed 9-1-13, mss~
Bisharat first addresses the transmogrification of international law by Israel’s military lawyers.  We might
AND
–seems overly much, and not a murmur from an adoring public.

Congressional limitations cause greater executive reliance on PMCs. The drug war in Columbia proves the link

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.

2NC

OV

The aff is an outgrowth of a very particular Americanized version of liberal subjectivity. These liberal illusions have coalesced to form a new liberal subjectivity which legitimizes wars for democracy and doctrines of pre-emption as a ’new internationalism’

Motha 8 *Stewart, Senior Lecturer, Kent Law School, University of Kent, Canterbury, Kent, Journal of Law, Culture, and Humanities Forthcoming 2008, Liberal Cults, Suicide Bombers, and other Theological Dilemmas
A universalist liberal ideology has been re-asserted. It is not only neo
AND
the crucible on which the new alignment of the liberal left is forged.

A2 Perm

permutation still links and doesn’t make sense—-the alt rejects the aff for its faith in legal structures and the idea that it can create change—-this isn’t true and turns solvency because it depletes public activism

Gordon, 87 – (Robert. Prof Law @ Stanford Univ. "Unfreezing Legal Reality: Critical Approaches to Law" Florida State University Law Review, Vol 15 No 3. 1987, lexis)
Now a central tenet of CLS work has been that the ordinary discourses of law
AND
discourses contribute to freezing, and to demonstrate how problematic these discourses are.

FW

It misconceives the idea of authority and where it comes from—-they believe that it emanates from the legal norms butthe state has been coopted by specialized interests—the focus on debate should be how culture elements can create change to combat normalization of violence caused by the military-industrial-state

Giroux 13 Henry A. is a social critic and educator, and the author of many books. He currently holds the Global Television Network Chair in English and Cultural Studies at McMaster University, Ontario, Monthly Review, Volume 65, Issue 01 (May)
In addition, as the state is hijacked by the financial-military-industrial
AND
transformations, any attempt at radical change will more than likely be cosmetic.

1NR

Case

The executive can easily manipulate Congressional oversight

Beutler 13  Brian, senior congressional reporter for Talking Points, TPM, 6-19, http://tpmdc.talkingpointsmemo.com/2013/06/snowden-revelations-cast-new-doubts-on-intelligence-oversight-process.php
"We’ve learned from the past that there’s a right way and a wrong way
AND
Leaders, House Speaker and Senate Majority) are briefed on covert actions.

Oversight increases misinformation

Beutler 13  Brian, senior congressional reporter for Talking Points, TPM, 6-19, http://tpmdc.talkingpointsmemo.com/2013/06/snowden-revelations-cast-new-doubts-on-intelligence-oversight-process.php
TPM first reached out to Nadler’s staff seeking clarification about the discrepancy on Thursday evening
AND
the press and also that they’re just "the tip of the iceberg."
Transparency within the current ideological coordinates of liberalism isn’t liberating – it becomes co-opted by liberalism. We should support the SQ leaks which challenge the formal functioning of power instead of liberal-democratic framing of transprency

Žižek 11  Slavoj, a Slovenian philosopher and psychoanalyst, is a senior researcher at the Institute for Advanced Study in the Humanities, in Essen, Germany. The London Review of Books. Vol. 33 No. 2 • 20 January, pages 9-10 

The conspiratorial mode is supplemented by its apparent opposite, the liberal appropriation of WikiLeaks
AND
façade. Appearance, the public face, is never a simple hypocrisy. 

The executive will use PMCs to escape oversight

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
As will be explored at length in the course of the discussions in subsequent parts
AND
wrangling and opposition. This privatization agenda is discussed further in Part III.

Tournament: Ndt | Round: 5 | Opponent: Kentucky Geldof-Vargason | Judge: Cohn, Gannon, Kallmyer

1NC

T

Restrictions on authority prohibit- the aff is a condition

William Conner 78, 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 that Merban was charged with notice of the restrictions on the authority
AND
were not authorized to act except upon the fulfillment of the specified conditions.
Vote neg
limits and ground- anything can indirectly affect war powers—also makes the topic bidirectional because conditions can enhance executive power

1NC K

Politics is Schmittian – trying to fight the executive on their own battlefield is naïve – the aff is just a liberal knee-jerk reaction that swells executive power

Kinniburgh, 5/27 – (Colin, Dissent, 5-27, http://www.dissentmagazine.org/blog/partial-readings-the-rule-of-law-http://www.dissentmagazine.org/blog/partial-readings-the-rule-of-law)
The shamelessness of the endeavor is impressive—a far cry, in many ways
AND
laws of war, meeting them on their terms is a dangerous game.

Legality is what feeds a new form of muscular liberalism where these illusions cannot see how much they sustain it which legitimizes wars for democracies and doctrines of pre-emption

Motha 8 *Stewart, Senior Lecturer, Kent Law School, University of Kent, Canterbury, Kent, Journal of Law, Culture, and Humanities Forthcoming 2008, Liberal Cults, Suicide Bombers, and other Theological Dilemmas
A universalist liberal ideology has been re-asserted. It is not only neo
AND
the crucible on which the new alignment of the liberal left is forged.

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 issue an executive order stating the President’s intent to no longer invoke the political question doctrine as a legal defense and should create a national security court housed within the executive branch and "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

A "national security court" improve oversight, accountability, and congressional review of targeted killing – comparatively better than external restraints

Katyal ’13, Neal Katyal, Professor of Law @ Georgetown, NW Times "Who Will Mind the Drones?" February 20, 2013, http://www.nytimes.com/2013/02/21/opinion/an-executive-branch-drone-court.html?_r=0-http://www.nytimes.com/2013/02/21/opinion/an-executive-branch-drone-court.html?_r=0
In the wake of revelations about the Obama administration’s drone program politicians from both parties
AND
balance the demands of secrecy and speed with those of liberty and justice.

Internal checks comparatively solve better and don’t link to politics

Metzger ’9, Gillian E. Metzger, Professor of Law @ Columbia Law School, "The Interdependent Relationship Between Internal and External Separation of Powers" 59 Emory L.J. 423, Emory Law Journal, 2009
Several bases exist for thinking that internal separation of powers mechanisms may have a comparative
AND
perceived as contributing to more fully informed and expertise-based decisionmaking. 79

1NC DA

NSA reforms will pass – former obstacles overcome

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.

Losers lose

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-http://citation.allacademic.com//meta/p_mla_apa_research_citation/1/7/9/4/8/pages179487/p179487-36.php)

American political analyst Norman Ornstein writes of the domestic context, In a system where
AND
affects the character of U.S. policy, foreign and domestic.

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). 

X apply High risk of nuke terror

1NC Solvency

Victims of drones don’t have access to the courts – the ACLU ain’t gonna go find villagers in the mountains of Afghanistan

Murphy and Radsan 9  Richard Murphy is the AT26T Professor of Law, Texas Tech University School of Law Afsheen John Radsan Prof William Mitchell College of Law Review 32 Cardozo L Rev
But as the dissenting judge in Arar noted, these special factors lose much of
AND
the mountains of Afghanistan is not likely to hire an American lawyer either.

Executive won’t release info of wrong doing – no solvency

Hirsh and Roberts 13 ~MICHAEL HIRSH, chief correspondent for National Journal  AND KRISTIN ROBERTS-http://www.theatlantic.com/michael-hirsh-and-kristin-roberts/, news editor for National Journal., Why the Drone Memos Are Still Secret, FEB 22 2013, http://www.theatlantic.com/international/archive/2013/02/why-the-drone-memos-are-still-secret/273436/-http://www.theatlantic.com/international/archive/2013/02/why-the-drone-memos-are-still-secret/273436/~~
Despite President Obama’s pledge in his State of the Union address to make the drone program "even more transparent to the American people and to the world," his administration continues to resist efforts by Congress, even from fellow Democrats, to obtain the full range of classified legal memos justifying "targeted killing."¶ A key reason for that reticence, according to two sources who have read the memos or are aware of their contents, is that the documents contain secret protocols with foreign governments, including Pakistan and Yemen, as well as "case-specific" details of strikes.¶ A legal expert outside the government who is intimately familiar with the contents of the memos said the government-to-government accords on the conduct of drone strikes are an important element not contained in the Justice Department "white paper" revealed recently by NBC News-http://openchannel.nbcnews.com/_news/2013/02/04/16843014-justice-department-memo-reveals-legal-case-for-drone-strikes-on-americans?lite. He said it is largely in order to protect this information that the targeted-killing memos drafted by Justice’s Office of Legal Counsel are not being released, and that even the Senate and House Intelligence committees have been allowed to examine only four of the nine OLC memos. "That is what is missing from the white paper but forms a core part of the memos," the expert told National Journal, speaking on condition of anonymity because the information is classified. He said the administration believes that the protocols would almost certainly leak to the public if they were shared with Congress.

Damages no solve- allows continued gov action

Parry 7 John T. Parry, Associate Professor, Lewis 26 Clark Law School William 26 Mary Bill of Rights Journal February, 2007 15 Wm. 26 Mary Bill of Rts. J. 765 TERRORISM AND THE NEW CRIMINAL PROCESS, lexis
Moving beyond these roadblocks, even in successful cases, damages are often an incomplete
AND
merely establishes the non-prohibitive cost of particular kinds of government action.

Courts will just rule in favor of the govt

Alston 11 President and Fellows of Harvard College. All Rights Reserved. Harvard National Security Journal 2011 Harvard National Security Journal 2 Harv. Nat’l Sec. J. 283 The CIA and Targeted Killings Beyond Borders Philip Alston John Norton Pomeroy Professor of Law, New York University School of Law. The author was UN Special Rapporteur on extrajudicial, summary or arbitrary executions from 2004 until 2010.  lexis
But if the Arar case seems to paint a discouraging picture of the prospects for
AND
, whom the president deems to be a threat to the nation." n407

That increases prez power and TK

Adelsberg 12 Samuel, J.D. Candidate 2013, Yale Law School "Bouncing the Executive’s Blank Check: Judicial Review and the Targeting of Citizens" Symposium, Summer, 2012 Harvard Law 26 Policy Review 6 Harv. L. 26 Pol’y Rev. 437 lexis

Reforming the decision-making process for executing American citizens to allow for judicial oversight
AND
Now, we will turn to what this judicial involvement would look like.

CIA drones means targeted killing regulation is impossible – they’ll shift responsibility

Alston, professor – NYU Law, ’11 (Philip, 2 Harv. Nat’l Sec. J. 283)
But the most significant problem by far with double-hatting is its impact in
AND
to virtually no meaningful accountability, and the same applies to the CIA.

1NC PQD

US Navy already permanently deployed to Asia – solves deterrence and forward presence

Admiral Greenert, 30th Chief of Naval Operations, 12-’12 (Jonathan, "Sea Change" Foreign Policy, http://www.foreignpolicy.com/articles/2012/11/14/sea_change)
Deploying more forces to the Asia-Pacific The most visible element of our rebalance
AND
in from the United States, increasing the presence delivered by each ship.

Won’t escalate – US won’t get involved

Logan, Director Foreign Policy at Cato, 2-20-’13 (Justin, "War over the Senkaku/Diaoyu Islands" China-US Focus, http://www.cato.org/publications/commentary/war-over-senkakudiaoyu-islands)
But would the United States really engage in a shooting war with China over the
AND
out of China without doing anything to moderate its future ambitions or capabilities.

1NC Yemen

Focus on high value targets now – no indiscriminate strikes proven by the absence of strikes for months

No modeling US military posture – the "copycat" argument is flawed

Boot 2011 (Max Boot, Jeane J. Kirkpatrick Senior Fellow in National Security Studies at the Council on Foreign Relations in New York, leading military historian and foreign-policy analyst, "We Cannot Afford to Stop Drone Strikes," Commentary Magazine, October 9, 2011, http://www.commentarymagazine.com/2011/10/09/drone-arms-race/)-http://www.commentarymagazine.com/2011/10/09/drone-arms-race/)
"The problem is that we’re creating an international norm" — asserting the right to strike preemptively against those we suspect of planning attacks, argues Dennis M. Gormley, a senior research fellow at the University of Pittsburgh-http://www.commentarymagazine.com/2011/10/09/drone-arms-race/ and author ofMissile Contagion, who has called for tougher export controls on American drone technology. "The copycatting is what I worry about most."¶ This is a familiar trope of liberal critics who are always claiming we should forego "X" weapons system or capability, otherwise our enemies will adopt it too. We have heard this with regard to ballistic missile defense, ballistic missiles, nuclear weapons, chemical and biological weapons, land mines, exploding bullets, and other fearsome weapons. Some have even suggested the U.S. should abjure the first use of nuclear weapons–and cut down our own arsenal–to encourage similar restraint from Iran.¶ The argument falls apart rather quickly because it is founded on a false premise: that other nations will follow our example. In point of fact, Iran is hell-bent on getting nuclear weapons no matter what we do; China is hell-bent on getting drones; and so forth. Whether and under what circumstances they will use those weapons remains an open question–but there is little reason to think self-restraint on our part will be matched by equal self-restraint on theirs. Is Pakistan avoiding nuking India because we haven’t used nuclear weapons since 1945? Hardly. The reason is that India has a powerful nuclear deterrent to use against Pakistan. If there is one lesson of history it is a strong deterrent is a better upholder of peace than is unilateral disarmament–which is what the New York Times implicitly suggests.¶ Imagine if we did refrain from drone strikes against al-Qaeda–what would be the consequence? If we were to stop the strikes, would China really decide to take a softer line on Uighurs or Russia on Chechen separatists? That seems unlikely given the viciousness those states already employ in their battles against ethnic separatists–which at least in Russia’s case already includes the suspected assassination -http://www.independent.co.uk/news/world/europe/former-chechen-rebel-boss-assassinated-in-dubai-1657758.htmlof Chechen leaders abroad. What’s the difference between sending a hit team and sending a drone?

Litany of alt causes to terror – drones in general, anti-americanism, detention all cause blowback – no reverse causal solvency

Plan destroys the entire targeted killing program and operational chain of command—collapses military effectiveness

Richard Klingler, 7/25/12, Bivens and/as Immunity: Richard Klingler Responds on Al-Aulaqi–and I Reply, www.lawfareblog.com/2012/07/bivens-andas-immunity-richard-klingler-responds-on-al-aulaqi-and-i-reply/
Steve’s post arguing that courts should recognize Bivens actions seeking damages from military officials based
AND
and will weigh as they resolve cases brought against military officials and policymakers.

It wrecks TK operations and broader military effectiveness

Stuart Delery, Principal Deputy Assistant Attorney General Civil Division, 12/14/12, DEFENDANTS’ MOTION TO DISMISS, http://www.lawfareblog.com/wp-content/uploads/2012/12/MTD-AAA.pdf
First, the D.C. Circuit has repeatedly held that where claims directly
AND
on military effectiveness. This too warrants barring this new species of litigation.

Nuclear war

Frederick Kagan and Michael O’Hanlon 7, Fred’s a resident scholar at AEI, Michael is a senior fellow in foreign policy at Brookings, "The Case for Larger Ground Forces", April, http://www.aei.org/files/2007/04/24/20070424_Kagan20070424.pdf-http://www.aei.org/files/2007/04/24/20070424_Kagan20070424.pdf
We live at a time when wars not only rage in nearly every region but
AND
Such a measure is not only prudent, it is also badly overdue.

And turns terrorism

Kenneth Anderson 13, Professor of International Law at American University, June 2013, "The Case for Drones," Commentary, Vol. 135, No. 6
Targeted killing of high-value terrorist targets, by contrast, is the end
AND
acknowledged in communications, have a significant impact on planning and organizational effectiveness.

1NC Allies

Parker say it’s a legal problem not a political one – also cites detention and rendition as alt cause – means can’t solve NATO collapse

Also says it’s about ex ante killings lacking due process – post fact won’t solve extra-judicial killings

Also no warrant for NATO collapse – just a rhetorical question

Ex post doesn’t add legitimacy – damage’s already been done

Crandall 12 (Carla, Law Clerk – Supreme Court of Missouri, "Ready…Fire…Aim21 A Case for Applying American Due Process Principles Before Engaging in Drone Strikes," Florida Journal of International Law, April, 24 Fla. J. Int’l L. 55, Lexis)
Despite the expanded use of drones, however, the legitimacy of these attacks remains
AND
U.S. officials engage in such actions. Part V concludes.

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 Rasmussen wants EU countries to buy more drones,
AND
can be integrated into our Nato missile defence," he plans to add.¶
NATO is redundant—other international organizations solve—NATO only creates free-riding and lowers over-all security
Hartung 13 (Farina Hartung, Master Thesis International and European Relations, Linköping University, "Case-study of NATO: Is NATO a redundant international organization or not?", http://www.liu.se/utbildning/pabyggnad/F7MME/student/courses/733a27masterthesis/filarkiv/spring-2013/theses-june/1.464731/MasterThesisFinalVersionFarinaHartung.pdf)
Just as mentioned above, NATO has gone through a process of changes since it
AND
this is not what this once great military alliance was intended to do.

Tournament: Ndt | Round: 5 | Opponent: Kentucky Geldof-Vargason | Judge: Cohn, Gannon, Kallmyer

1nr

Allies –

No impact to NATO

PQD

Extend the Boot evidence – no modeling of US military posture

Greenert – 50 ships in Asia on any given DAY

Bitzinger – closest they come is to Taiwan, but no assume other warrant – organizations like Asia-Pacific Economic Cooperation (APEC) forum, the Proliferation Security Initiative and the Shanghai Co-operation Organisation.

Logan evidence – not about Taiwan – says it is so unlikely we would get involved in Senkaku islands that it’s more likely we would fight over Taiwan

Fravel evidence- FOREIGN POLICY institutional shift in China that prevents them from lashing out and instead they choose to embrace cooperation -

Multiple checks prevent the use of force in Asia even when tensions rise

Alagappa Director East-West Center ’9
(Muthiah-, The Long Shadow: Nuclear Weapons and Security in 21st Century Asia, P. 70-71)
Despite this, the role of force in Asian international politics is becoming more limited
AND
or shelved in the interest of promoting better bilateral relations (Wang 2003).
Second, the political, diplomatic, strategic, military, and economic cost of
AND
action that is not successful can have negative domestic political consequences as well.
Third, most Asian countries benefit from participation in the regional and global capitalist marketplace
AND
, is sought through the market, national stockpiling, and sourcing arrangements.
Finally, resolution of existing disputes through the use of force is not practical.
AND
strategic, political, diplomatic, and economic costs and risks are high.

Climate Change Add On

"Global effort"

No LEGISLATION

Warming already past the tipping point – new studies prove

Gillis and Broder, New York Times, 12-2-’12 (Justin and John, "With Carbon Dioxide Emissions at Record High, Worries on How to Slow Warming" http://www.nytimes.com/2012/12/03/world/emissions-of-carbon-dioxide-hit-record-in-2011-researchers-say.html)
Global emissions of carbon dioxide were at a record high in 2011 and are likely
AND
believe the effects are already being seen, but they are projected to worsen

New studies prove warming already past the tipping point – global negotiations aren’t sufficient and declining emissions is offset by growth in developing countries. Coal and CO2 are rising – warming effects are already seen. That’s Gillis and Broder

Warming inevitable – technology can’t achieve negative emissions*

Urpelainen, Professor PolSci Columbia, ’12 (Johannes, November, "Global Warming, Irreversibility, and Uncertainty: A Political Analysis" Global Environmental Politics, Vol 12 No 4, ProjectMuse)
Literature and Contribution
Carbon emissions are irreversible to the degree that technologies that can reduce atmospheric concentrations remain
AND
now, they cannot prevent large increases in the atmospheric concentration of carbon.

Overview

Reform is sufficient - 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.

Turns modeling and NATO - Nuclear taboo now means interstate conflict won’t go nuclear – only nuclear terror breaks the taboo

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.
Also creates an alt cause to leadership -fear would also would cause public acquiescence to rights-violations and government crackdowns that outweigh the case by an order of magnitude
Peter Beinart 8, associate professor of journalism and political science at CUNY, The Good Fight; Why Liberals – and only Liberals – Can Win the War on Terror and Make America Great Again, 110-1
Indeed, while the Bush administration bears the blame for these hor- rors,
AND
of American liberals must make the fight against this new totalitarianism their own. 

Turns Political question doctrine

a) infighting between the branches means the link alone is sufficient

causes authoritarianism and lashout

Etzioni, Professor Sociology George Washington, ’7 (Amitai, "Security First: For a Muscular, Moral Foreign Policy" p 219-220)
A few academics have questioned the weight that I and others attach to a nuclear
AND
. It would continue to exist but would have a radically different existence.

Turns Yemen advantage – reform is a bigger internal link – wiretapping is bigger and is a disincentive for attacks growing LARGER in size- for terrorism to reach the nuclear level, there has to be intense forms of coordination that can only be mitigated through wiretapping

A2 DC Court

They don’t get their modeling advantages BUT still link to our disads to court precedent.
Alstine ’12
Michael, Professor of Law, University of Maryland School of Law, "STARE DECISIS AND FOREIGN AFFAIRS," Duke Law Journal VOLUME 61 FEBRUARY 2012 NUMBER 5

It is curious that the Framers structured the Constitution to protect against divergent interpretations of
AND
the German Constitutional Court if they are unsure about the legal issues.409

The Plan is MASSIVELY unpopular – Obama loses EVERY SINGLE TIME HE WANTS TO DRONE SOMEONE because they create an OUTSIDE agency OR ALLOW outside agencies to SUE OBAMA

A2 Court Shield

Pacelle is TOO OLD and says quote "use unpopular Court decisions as political cover. They cite the need to enforce or support such decisions even though they disagree with them"

which means the plan is STILL A LOSS

2NC Uniqueness

The Brown evidence only says the conflicts between the bills won’t be resolved by the time authorization expires, but it concedes Obama will solve it by extending the program – this takes out their arg but not the DA - a bill is still key to uphold CREDIBILITY and wiretapping from challenges which means a reform bill is STILL KEY

Key legislators predict we’re close

Thai News Service, 3-28-’14 ("United States: Obama, Legislators Propose Plans to Stop Massive NSA Phone Data Collection" Factiva)
Both U.S. President Barack Obama and key committee leaders in Congress are
AND
the perception of our constituents. That is number one," said Ruppersberger.

NSA reform is pass now, but it’s close – that’s key to surveillance
Siobhan Gorman, WSJ, 3/25/14, Consensus Nears to Overhaul NSA Phone Surveillance, online.wsj.com/news/articles/SB10001424052702304679404579461293671732298?mg=reno64-wsj26url=http3A2F2Fonline.wsj.com2Farticle2FSB10001424052702304679404579461293671732298.html

The White House and congressional leaders have settled on comparable proposals for ending the government’s mass collection of telephone records, signaling the eventual end of a practice that critics said had come to epitomize U.S. surveillance overreach in the post-9/11 era.
The proposals, offered in separate announcements on Tuesday, signified a rapidly expanding consensus among lawmakers, intelligence agencies and civil-liberties groups on how to overhaul the National Security Agency program.
But the developments didn’t offer assurance of quick congressional passage, which would require support from lawmakers who favor more limitations on surveillance. Moving any legislation through Congress in an election year will be challenging, particularly highly sensitive bills.
Yet, the clock is ticking. If Congress doesn’t approve a revamped version of the program, the current one is likely to end when the law that authorizes it expires next year, lawmakers say.
The emerging agreement, coming nine months after revelations by former NSA contractor Edward Snowden last year stoked international anger over U.S. spying practices, represents the most significant development in the debate to date. The proposals from the White House and House intelligence committee both would replace a system reliant on daily data feeds to the NSA with one that directs phone companies to conduct individual searches of their data on the NSA’s behalf.

Rogers retirement earlier today creates momentum for passage

The Hill, 3-28-’14 ("Coveted spy gavel is up for grabs in House" http://itk.thehill.com/blogs/hillicon-valley/technology/202020-rogers-exit-could-ease-nsa-reforms)
Rep. Mike Rogers’s (R-Mich.) surprise retirement has put up for
AND
. The twin plans set up a fight in Congress in coming months.

Link – Losers Lose

Link alone turns case, especially PQD – causes infighting between the Congress and the president that limit the pereption that the President has effective war powers

We did not read the Kriner evidence

Only uncontroversial items – this doesn’t take out floor time OR losers lose

NYT, 3-27-’14 ("Congress Approves 241 Billion in Aid for Ukraine" http://www.nytimes.com/2014/03/28/world/europe/senate-approves-1-billion-in-aid-for-ukraine.html)
The House and Senate voted overwhelmingly on Thursday to approve a billion-dollar aid
AND
continued. "Neither the United States nor Europe has any interest in controlling

Court action causes Congress to backlash against Obama

Calabresi 2008 (Massimo Calabresi, June 26, 2008, "Obama’s Supreme Move to the Center Washington" TIME Magazine, http://www.time.com/time/politics/article/0,8599,1818334,00.html)
When the Supreme Court issues rulings on hot-button issues like gun control and
AND
to hear him talking about appointing liberal justices much between now and November.

Health care proves—Republicans will lash out against unpopular Supreme Court decisions:

Stephen Manual 12, 2012 (6/28/2012, staff writer, "Will Supreme Court judgment help Obama win presidential election?"  Accessed 7/26/2012 at http://www.allvoices.com/contributed-news/12483143-will-supreme-court-judgment-help-obama-win-presidential-election-http://www.allvoices.com/contributed-news/12483143-will-supreme-court-judgment-help-obama-win-presidential-election, rwg)
Finally, President Barack Obama has carried the day. He stood winner as the
AND
believe the ruling of the Supreme Court can hamper their campaign against Obama.

Tournament: Ndt | Round: 5 | Opponent: Kentucky Geldof-Vargason | Judge: Cohn, Gannon, Kallmyer

2nc

2NC Link – Targeted Killing

The executive cannot be constrained – they assert national emergencies to create an exception and give congress the middle finger, or they resort to secrecy and title switching – also, future presidents ignore the plan

Obama asserts rights based on the AUMF and ignores constraints—the president hides drone programs by switching titles to make it CIA based and secret and denies information because of "security concerns"—they’ll just shift to detention, signature strikes, or Article II authority

—-Courts

Courts are ineffective – appointees ideologically agree because they are selected by Trumanites and rubber stamp the executive agenda – they also dismiss cases because of political question doctrine, state secrets, political immunity, or that cases aren’t justiciable

The executive also controls information access to the courts – so they defer to Trumanite threat assessment

2NC Overview

Internal separation of powers solves the case – bureaucratic checks through civil service protections, agency friction, mandatory review, and reporting requirements create accountability and better executive decision making. Executive deference and veto power means external restraints will fail. Only the CP solves – that’s Katyal

NONE OF THEIR CARDS ASSUME THE CP – THEY ASSUME INTERNAL REVIEW IN THE SQ BEING BAD – that’s not the CP

The CP is binding and solves the whole aff

Graham Dodds, Ph.D., Concordia professor of political science, 2013, Take Up Your Pen: Unilateral Presidential Directives in American Politics, p. 10
If executive orders, proclamations, memoranda, and other unilateral presidential directives merely expressed
AND
with by Congress, courts, or by a future unilateral presidential directive. 

2NC Prerequisite

Counterplan is a prerequisite – key to effective legislative and judicial oversight

Metzger ’9, Gillian E. Metzger, Professor of Law @ Columbia Law School, "The Interdependent Relationship Between Internal and External Separation of Powers" 59 Emory L.J. 423, Emory Law Journal, 2009
Equally important, the relationship between internal and external separation of powers is reciprocal:
AND
by the concerns of military lawyers about how the tribunals were functioning. 102

2NC Accountability

Reporting requirements and strategic leaks solve –

The aff reduces the incentive for leaks and whistleblowers internally because we believe in judicial review and the ACLU has got it – they pay more attention to internal leaks – Manning, Snowden, and Wikileaks prove

For example: It will come out that we didn’t have enough evidence against future al-Awlaki’s - maybe we didn’t have to kill him, we could have captured him

2NC A2 Credibility

Counterplan solves US credibility and soft power

Margulies 8 Peter, Professor of Law, Roger Williams University School of Law, Maryland Law Review, 68 Md. L. Rev. 1
This model rests on two elements: transparency and tailoring. Transparency calls for dialog
AND
as injunctions serve the public interest and respect the rights of the parties.

2NC A2 Precedent

Legal norms fail and are not unique to congress – the WPR proves. Executive compliance with international norms SETS A LEGAL PRECEDENT

Twomey 13, Trinity College Dublin, (Laura, Setting a Global Precedent: President Obama’s Codification of Drone Warfare, Cambridge Journal of International and Comparative Law, 14 March 2013, http://www.cjicl.org.uk/index.php/cjicl-blog/setting-a-global-precedent-president-obamas-codification-of-drone-warfare, da 7-31-13) PC
It is clear that, as the first State to deploy remote targeting technology in
AND
warfare, a model which lacks a clear enemy and a demarcated battlefield.

Nations respond to behavior and usage — not legal standards

Roberts 13 (Kristin, When the Whole World Has Drones, National Journal, 21 March 2013, http://www.nationaljournal.com/magazine/when-the-whole-world-has-drones-20130321, da 8-1-13) PC
But even without raising standards, tightening up drone-specific restrictions in the standing
AND
world is free to fill in the blanks where and when it chooses. 

Restraint on constitutional grounds captures the precedent—comparative ev

Atkinson ’13 – JD NYU, National Security Division, Department of Justice (L. Rush, Vanderbilt Law Review, forthcoming issue, "The Fourth Amendment’s National Security Exception", http://ssrn.com/abstract=2226404)
When identifying constitutional parameters for the executive, it is particularly instructive to look at
AND
persuasive power and a historical understanding about what protections the Constitution establishes.49 

2NC Politics NB

Counterplan doesn’t link to politics – external checks inherently take an adversarial form, but internal checks gain executive credibility and face less resistance – that’s Metzger

Executive action avoids politics

Sovacool 9 Dr. Benjamin K. Sovacool 2009 is a Research Fellow in the Energy Governance Program at the Centre on Asia and Globalization., Kelly E. Sovacool is a Senior Research Associate at the Lee Kuan Yew School of Public Policy at the National University of SingaporeArticle: Preventing National Electricity-Water Crisis Areas in the United States, Columbia Journal of Environmental Law  2009  34 Colum. J. Envtl. L. 333,
¶ Executive Orders also save time in a second sense.  The President does not
AND
without having to wait for congressional action ¶ ¶ or agency regulatory rulemaking.

—-2NC CIA

That means no norms

Alston 11 (Philip, John Norton Pomeroy Professor of Law, New York University School of Law, Harvard National Security Journal, "The CIA and Targeted Killings Beyond Borders", 2 Harv. Nat’l Sec. J. 283, Lexis Law)
The combination of high levels of secrecy, combined with poor accountability, mean that
AND
to uphold the value of human life and minimize the brutalities of warfare.

Circumvention

Batarargs 2/10 Lina, writer, "Government Debates Using Drone Strike To Kill U.S. Citizen Abroad" http://www.opposingviews.com/i/politics/government-debates-using-drone-strike-kill-us-citizen-abroad
Although a series of stops exist in this scenario’s execution of a drone strike,
AND
it is "disturbingly easy for the government to operate outside the law."

Obama can circumvent restrictions to CIA drones whenever he wants

NYT 2/10 "U.S. Debates Drone Strike on American Terrorism Suspect in Pakistan" http://www.nytimes.com/2014/02/11/world/asia/us-debates-drone-strike-on-american-terror-suspect-in-pakistan.html?hp26_r=0
The Obama administration is debating whether to authorize a lethal strike against an American citizen
AND
.I.A. had supported a lethal strike from the beginning.

—-2NC Circumvention

executive won’t release info because a. has info from other countries like Germany that don’t it to get released and b. releases national security intel to the public that would be comprising means they don’t care – that’s hirsh and roberts

The administration will use caselaw to deny judicial review

Rosen 13 Jeffrey, professor of law at The George Washington University and the legal affairs editor of The New Republic, "Courting disaster: A new idea to limit drones could actually legitimize them," The New Republic, 2-11, http://www.newrepublic.com/article/112392/drone-courts-congress-should-exercise-oversight-instead~~23
On Sunday, Robert Gates, the former Pentagon chief for Presidents Obama and Bush
AND
justified when authorized by Congress, with the possibility of independent judicial review.

This is particularly true of obama who refused to disclose the info about tk when getting sued

Washington Post 13 "Judge backs Obama administration on secrecy of targeted killings of terrorism suspects" January 2 http://articles.washingtonpost.com/2013-01-02/world/36323633_1_drone-program-samir-khan-killings
The Obama administration acted lawfully in refusing to disclose information about its targeted killings of
AND
its actions do not violate the constitution and laws of the United States."

Even if actions violate the law, they get dismissed —- prefer comparative ev

Parry 7 John T. Parry, Associate Professor, Lewis 26 Clark Law School William 26 Mary Bill of Rights Journal February, 2007 15 Wm. 26 Mary Bill of Rts. J. 765 TERRORISM AND THE NEW CRIMINAL PROCESS, lexis
The remaining judicial remedy is a civil suit for damages against state officials under 42
AND
not only unlawful, but also that the unlawfulness was "apparent." n338

There arguments about why the case would happen but the executive would lose are silly —- the plaintiff cannot bring forward a case without any evidence that the govt was responsible for an action that the executive would just ignore because they have the authority under state secret privellege lets think about this logically now..

US Court of Appeals 9 BINYAM MOHAMED; ABOU ELKASSIM BRITEL; AHMED AGIZA; MOHAMED FARAG AHMAD BASHMILAH; BISHER AL-RAWI, Plaintiffs-Appellants, v. JEPPESEN DATAPLAN, INC., Defendant-Appellee, UNITED STATES OF AMERICA, Intervenor-Appellee. No. 08-15693 UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT 614 F.3d 1070; 2010 U.S. App. LEXIS 18746 December 15, 2009, Argued and Submitted En Banc, San Francisco, California September 8, 2010, Filed
In addition to the Totten bar, HN5Go to this Headnote in the case.
AND
judgment on the merits would present an unacceptable risk of disclosing state secrets.

The executive will fight back – doubling down on drones

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
While judicial correctives for both myopia and hindsight bias vindicate values like due process and
AND
must strive for an equilibrium that corrects for both myopia and hindsight bias.

Courts will defer because of SSP and qualified immunity – only the most egregious cases will succeed

Murphy and Radsan 9  Richard Murphy is the AT26T Professor of Law, Texas Tech University School of Law. Afsheen John Radsan is a Professor, William Mitchell College of Law. Cardozo Law Review, 32 Cardozo L. Rev. 405
The state-secrets privilege poses another barrier to Bivens-style actions. This
AND
these egregious cases, a judicial check on executive authority is most necessary.

2NC Deference – Courts

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

They acquiesce responsibility

Glennon, 8 –  (Michael, Professor of international law at the Fletcher School of Law 26 Diplomacy, "A Conveniently Unlawful War", http://www.hoover.org/publications/policyreview/26119169.html)
John marshall is famous for having fathered a system of judicial supremacy, reflected in his ringing assertion in Marbury v. Madison, 5 U.S. 137 (1803) that it is
"emphatically the province and duty of the judicial department to say what the law
AND
an equilibrium of power, the courts ’ legitimacy is enhanced by intervening. 

NATO – Drones

No European or NATO drone opposition—-recent shifts

Elsa Rassbach 11-8, Drones Campaign, 11/8/13, "How Europeans Are Opposing Drone and Robot Warfare: An Overview of the Anti-Drone Movement in Europe," http://truth-out.org/news/item/19904-how-europeans-are-opposing-drone-and-robot-warfare-an-overview-of-the-anti-drone-movement-in-europe
So far only three countries are known to have used armed combat drones to carry
AND
to stop the threat of drone warfare to the international rule of law.

Tournament: 2013babyjo | Round: Doubles | Opponent: Central Oklahoma Vance-Yost | Judge: Box, Crowe, Pointer

UMKC Doubles

1NC

1

Our interpretation is that the aff must defend an advocacy in the direction of the topic, which is an increase in statutory and/or judicial restrictions on the war powers authority of the President.

Increase means to make greater

Dictionary.com No Date Given http://dictionary.reference.com/browse/increase?s=ts-http://dictionary.reference.com/browse/increase?s=ts increase - Show IPA verb, in•creased, in•creas•ing, noun verb (used with object)
to make greater, as in number, size, strength, or quality; augment; add to: "to increase taxes."

Restriction on war power authority must be a limit that controls the president

Fisher, 97 – (Louis, Senior Specialist in Separation of Powers, Congressional Research Service, The Library of Congress, "Presidential Independence and the Power of the Purse," U.C. Davis J. Int’l L. 26 Pol’y 107, Lexis)
A legal analysis by Walter Dellinger, at that time Assistant Attorney General for the
AND
the President both the authority and the means to take such initiatives." n131

First is Limits – resolutional limits encourage aff innovation, predictive research on a designated topic, and clash—a precursor to productive education. The inherent value of arguments within limits is greater, which link turns education arguments

Second is Fair ground – the resolution is the only neutral site of stasis for controversy – changing this allows them to define the debate in ways that make it impossible for us to compete and really easy for them to win

Third is decision-making – only maintaining a limited topic of discussion and a clear stasis for both teams provides the necessary and requisite foundation for decision-making and advocacy skills – even if they are contestable, that is different from being valuably debatable

Steinberg 26 Freeley ’8 *Austin J. Freeley is a Boston based attorney who focuses on criminal, personal injury and civil rights law, AND David L. Steinberg , Lecturer of Communication Studies @ U Miami, Argumentation and Debate: Critical Thinking for Reasoned Decision Making pp45-
Debate is a means of settling differences, so there must be a difference of
AND
particular point of difference, which will be outlined in the following discussion.

Effective decision-making is the lynchpin to solve all social and political problems —- this is an impact to limits, role-playing and decision-making that turns case

Lundberg ’10 – (Christian Lundberg, Professor of Communications @ University of North Carolina, Chapel Hill, "Tradition of Debate in North Carolina" in Navigating Opportunity: Policy Debate in the 21st Century By Allan D. Louden, p311)
The second major problem with the critique that identifies a naivety in articulating debate and
AND
with the existential challenges to democracy ~in an~ increasingly complex world. 

Discussions of specific policy-questions is crucial for skills development – we control uniqueness: students already have dogmatic notions about the world – government policy discussions is vital to force engagement with competing perspective to improve social outcomes and break down pre-conceived barriers of what is right – this turns case

Esberg 26 Sagan 12 – *Jane Esberg is special assistant to the director at New York University’s Center on. International Cooperation. She was the winner of 2009 Firestone Medal, AND Scott Sagan is a professor of political science and director of Stanford’s Center for International Security and Cooperation "NEGOTIATING NONPROLIFERATION: Scholarship, Pedagogy, and Nuclear Weapons Policy," 2/17 The Nonproliferation Review, 19:1, 95-108
These government or quasi-government think tank simulations often provide very similar lessons for
AND
quickly; simulations teach students how to contextualize and act on information.14

Our goal as rhetorical scholars should be the exploration and production of inventional resources suitable for the larger public, otherwise we get lost in too-easy assurances that what we are doing here in the debate space is necessary and sufficient

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)
The challenge is to resist synthetically resolving these antagonisms, whether in confirming or disconfirming
AND
of practical wisdom in democratic publics without absolving scholars of responsibility to them.

Prefer our evidence because it is more specific to the debate context. Game spaces like debate are distinct from other forms of education and public speaking.  There has to be a balance of ground or else one side claims the moral high ground and creates a de facto monologue

Hanghoj ’8 2008 – PhD, assistant professor, School of Education, University of Aarhus, also affiliated with the Danish Research Centre on Education and Advanced Media Materials, located at the Institute of Literature, Media and Cultural Studies at the University of Southern Denmark (Thorkild, http://static.sdu.dk/mediafiles/Files/Information_til/Studerende_ved_SDU/Din_uddannelse/phd_hum/afhandlinger/2009/ThorkilHanghoej.pdf)
Debate games are often based on pre-designed scenarios that include descriptions of issues
AND
dialogue as an end in itself" (Wegerif, 2006: 61). 

If our interpretation is net-beneficial it means there’s no reason to vote affirmative. If the case is true then it de-justifies the resolution. Teams are still signified by ’AFF’ and ’NEG’, so the resolution is a required measurement for ’affirmation.’

2

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.

The aff creates a façade of constraint that are ineffectual – that makes true restraints impossible and swells executive power – turns their biopower impact

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 26 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.

Reliance on the law naturalizes injustice and obviates the reasons why those injustices occur

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." 

The alt is to reject the aff in favor of building a culture of resilience to check 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
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

We solve your roll of the ballot better: we need non-institutional struggle first if legal solutions will have any chance of success

Nagin 5, Visiting Associate Professor, University of Virginia School of Law,
(Tomiko Brown, "ELITES, SOCIAL MOVEMENTS, AND THE LAW: THE CASE OF AFFIRMATIVE ACTION," Columbia Law Review, 105 Colum. L. Rev. 1436)
Those seeking to have an impact on the political and legal orders should not root
AND
, ultimately, legal power) are persuaded to act in their favor.

3

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

The plan overcomes current legal barriers to judicial review.

Vladeck 13 Steve Vladeck 02/10/13 (Professor of Law and the Associate Dean for Scholarship at American University Washington College of Law. His teaching and research focus on federal jurisdiction, constitutional law, national security law, and international criminal law. "Why a "Drone Court" Won’t Work–But (Nominal) Damages Might...", LawFare, from a conference hosted by Columbia Law School on targeted killings.)
At first blush, it may seem like many of these issues would be equally
AND
not most–of these cases, these legal issues would be overcome.

Bivens innovations spillover – executives will try to demonstrate that they’re making improvements in other areas

Margulies 10 * Peter, Professor of Law, Roger Williams University. Judging Myopia in Hindsight: Bivens Actions, National Security Decisions, and the Rule of Law, 96 IOWA L. REV. 195
A carefully crafted damages remedy restrains official myopia and thereby curbs this counterproductive cycle.
AND
policy that Justice Kennedy identified in Boumediene as a central threat to constitutionalism.

4

The focus on non-lethality empirically gave rise to extraordinary rendition, torture and indefinite detention

KRISHNAN 13 ARMIN, political scientist specializing in defense, international security, and intelligence. He has worked as a research associate at Salford Business School and the University of Southampton, UK. Contemporary Security Policy, Vol.34, No.2, 2013, pp.278–301
It might be a reasonable requirement to demand that targeted individuals should not be killed
AND
indefinite detention of terrorism suspects, some of whom were clearly innocent.91

The impact is authoritarianism and state sanctioned torture- historically regimes have used US terror and detention policies to justify atrocities.

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)
Yet even as American officials condemn other nations for¶ detaining people indefinitely without access
AND
the United States insists be¶ accorded to American prisoners held by foreigners.

Case

Rejecting predictions mean we rely on outdated status quo predictions, causing worse policy – the current bias is against predicting catastrophe, not bias towards it*

Oppenheimer, Professor Global Affairs NYU, ’12 (Michael, Winter/Spring, "From Prediction to Recognition: Using Alternate Scenarios to Improve Foreign Policy Decisions" SAIS Review, Vol 32 No 1, ProjectMuse)
We, in America, could reduce uncertainty by excluding much of this complexity from
AND
improve the quality of foreign policy decisions taken, inevitably, in uncertainty.

The fear of sovereignty encourages passivity and prevents bottom-up resistance

Hardt and Dumm, 00 – Professor in the Literature Program and Romance Studies Department at Duke University, Professor at Amherst College
(Michael and Thomas, "Sovereignty, Multitudes, Absolute Democracy: A Discussion between Michael Hardt and Thomas Dumm about Hardt and Negri’s Empire," Harvard University Press, 2000, Theory 26 Event, Volume 4, Issue 3, Project Muse)

The pinnacle and full realization of modern sovereignty thus becomes the Nazi concentration camp:
AND
finally is a new biopolitics that reveals the struggles over forms of life.

FOUCAULT’S CONCEPTION OF POWER IS TOO PESSIMISTIC – we shouldn’t understand all power to be equally problematic – it prevents redistribution of power back to people

Bookchin 95, Institute for Social Ecology,  (Murray, From Urbanization to Cities)

The problem of dealing with the growing power of nation-states and of centralized
AND
out in escapades, riots, adventures, and protests. . . . 

-The state of exception is rhetorical. Your link arguments ignore that it takes work to justify states of exception

Saas 12   William O. Pf Department of Communication Arts and Sciences at the Pennsylvania State University. symploke  Volume 20, Numbers 1-2

Theories of the exception are not hospitable to rhetoric. The most sophisticated theorists of
AND
state of exception" through the "depersonalization," or transfer of charisma.

-Agamben’s criticisms of sovereign power are too theoretical.  He points out that sovereigns have the power to create exceptions but he doesn’t prove that they will

Kretsedemas 8, assistant professor of sociology at the University of Massachusetts, Boston, (Philip, American Quarterly, Volume 60, Number 3, September)

Ong asserts that there is always room for resistance to the forms of sovereign power
AND
how relations between the sovereign and subjected always play out in "reality."

-You have to prove that the executive will manufacture a new emergency, something akin to a 9-11. Even the Boston bombings proves that the sovereign can resist the temptation to turn a bombing into a new national emergency that justifies the sacrificing of the law

-Reductionism. Pre-determining that all liberal constraints fail – trades-off with a better form of analysis and ignores contestation. 

Alston 11  *Phillip, John Norton Pomeroy Professor of Law, New York University School of Law. The author was UN Special Rapporteur on extrajudicial, summary or arbitrary executions from 2004 until 2010. Harvard National Security Journal, 2 Harv. Nat’l Sec. J. 283

The issue is not whether relying on Schmitt’s theories will "produce another Hitler."
AND
positive laws, but also with the idea and practice of legality. 550

-Lazy methods: Believing in inevitable states of exception are a form of lazy fatalism – their arguments rely on empirical assertions and ignore that courts do push back

Alston 11  *Phillip, John Norton Pomeroy Professor of Law, New York University School of Law. The author was UN Special Rapporteur on extrajudicial, summary or arbitrary executions from 2004 until 2010. Harvard National Security Journal, 2 Harv. Nat’l Sec. J. 283

There is no doubt that Schmitt was an astute critic of the vulnerabilities of liberalism
AND
, within reasonable limits, respected the rule of law in emergency situations. 

2NC

OV

The aff is an outgrowth of a very particular Americanized version of liberal subjectivity. These liberal illusions have coalesced to form a new liberal subjectivity which legitimizes wars for democracy and doctrines of pre-emption as a ’new internationalism’

Motha 8 *Stewart, Senior Lecturer, Kent Law School, University of Kent, Canterbury, Kent, Journal of Law, Culture, and Humanities Forthcoming 2008, Liberal Cults, Suicide Bombers, and other Theological Dilemmas
A universalist liberal ideology has been re-asserted. It is not only neo
AND
the crucible on which the new alignment of the liberal left is forged.

A2 Utopia

Status quo resistance is solving better than your aff – 15 reasons

Benjamin 26 Mir ’ 13, Huffington Post Medea Benjamin is author of Drone Warfare: Killing by Remote Control. Noor Mir is the Drone Campaign Coordinator at CODEPINK. "Finally, the Backlash Against Drones Takes Flight" March 2013 http://www.huffingtonpost.com/medea-benjamin/finally-the-backlash-against-drones_b_2950601.html
Rand Paul’s marathon 13-hour filibuster was not the end of the conversation on
AND
begin a process of taking drones out of the hands of the CIA. 

Link

These normalize the targeted killing process and making it legal

Jaffer 13, Director of the ACLU’s Center for Democracy, Jameel, Judicial Review of Targeted Killings, Harvard Law Review, http://www.harvardlawreview.org/issues/126/april13/forum_1002.php
Since 9/11, the CIA and Joint Special Operations Command (JSOC)
AND
program, with its elision of the imminence requirement, than narrow it.

2NC Permutation

1. permutation still links and doesn’t make sense—-the alt rejects the aff for its faith in legal structures and the idea that it can create change—-this isn’t true and turns solvency because it depletes public activism

Gordon, 87 – (Robert. Prof Law @ Stanford Univ. "Unfreezing Legal Reality: Critical Approaches to Law" Florida State University Law Review, Vol 15 No 3. 1987, lexis)
Now a central tenet of CLS work has been that the ordinary discourses of law
AND
discourses contribute to freezing, and to demonstrate how problematic these discourses are.

A2 Zizek

Our demand for due process is more destabilizing to law than simple radical negation. Absent engaging the law all forms of oppression become whitewashed.

Zizek 1998 (Slavoj, was born, writes books, and will die, Law and the Postmodern Mind, "Why Does the Law need an Obscene Supplement?" Pg 91-94)

Finally, the point about inherent transgression is not that every opposition, every
AND
that makes them "too good" for the banality of men’s rights. 

2NC Framework

it misconceives the idea of authority and where it comes from—-they believe that it emanates from the legal norms butthe state has been coopted by specialized interests—the focus on debate should be how culture elements can create change to combat normalization of violence caused by the military-industrial-state

Giroux 13 Henry A. is a social critic and educator, and the author of many books. He currently holds the Global Television Network Chair in English and Cultural Studies at McMaster University, Ontario, Monthly Review, Volume 65, Issue 01 (May)
In addition, as the state is hijacked by the financial-military-industrial
AND
transformations, any attempt at radical change will more than likely be cosmetic.

1NR

No prep, no cards ZOMG21

Tournament: 2013babyjo | Round: 2 | Opponent: Whitman College Anderson-Salathe | Judge: Moore

1NC

1

There exists an intrinsic antagonism in debate – on one side, debate is always shaped by strategy, winning, and debate theory. The other side is the desire to influence a larger public. The aff’s desire to change the debate community by bridging the drone gap and speaking out refusing to be complicit like the rest of the public is always shaped by the norms of debate. Your aff will never be receptive to the larger public. We should view outside of the academy as more important than our debate spaces

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)
Giroux’s concluding words, in which scholars reclaim the promises of a truly global democratic
AND
outside the academy that there can be immediate, material, political consequences.

Our argument is particularly true to the 1AC – using debate for political purposes tradeoffs with producing tools useful for the public.

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 should be relevant to democratic practice?
AND
no less of an impediment to the production of democratically consequential rhetoric scholarship.

Alternative – Reject the affirmative because of their use of debate as a conception of political agency. We should keep competing elements of the antagonism in view to understand the limits of debate as political agency in itself

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)
In light of Žižek’s account of antagonism, one should not be surprised, however
AND
of what Žižek calls supplemental ideological fantasies or ready explanations for the gap. 

Our goal as rhetorical scholars should be the exploration and production of inventional resources suitable for the larger public, otherwise we get lost in TOO-EASY ASSURANCES that what we are doing here – in the debate space – is necessary and sufficient

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)
The challenge is to resist synthetically resolving these antagonisms, whether in confirming or disconfirming
AND
of practical wisdom in democratic publics without absolving scholars of responsibility to them.

The question of institutional support is key to expanding wider base for change and caring for other communities – radical exposures fail

Ruggero 9 E. Colin, The New School for Social Research in New York, Center for Energy and Environmental Policy, University of Delaware, Radical Green Populism: Climate Change, Social Change and the Power of Everyday Practices, 11-11, http://theanarchistlibrary.org/library/e-colin-ruggero-radical-green-populism-climate-change-social-change-and-the-power-of-everyday-p
Radicals must carefully deliberate the development of alternative social institutions and intellectual resources for subversion
AND
broadening the cultural-social unity of a wide social base for change.
2

Our interpretation is that the aff must defend an advocacy in the direction of the topic, which is an increase in statutory and/or judicial restrictions on the war powers authority of the President.

Increase means to make greater

Dictionary.com No Date Given http://dictionary.reference.com/browse/increase?s=ts-http://dictionary.reference.com/browse/increase?s=ts increase - Show IPA verb, in•creased, in•creas•ing, noun verb (used with object)
to make greater, as in number, size, strength, or quality; augment; add to: "to increase taxes."

Restriction on war power authority must be a limit that controls the president

Fisher, 97 – (Louis, Senior Specialist in Separation of Powers, Congressional Research Service, The Library of Congress, "Presidential Independence and the Power of the Purse," U.C. Davis J. Int’l L. 26 Pol’y 107, Lexis)
A legal analysis by Walter Dellinger, at that time Assistant Attorney General for the
AND
the President both the authority and the means to take such initiatives." n131

First is Limits – resolutional limits encourage aff innovation, predictive research on a designated topic, and clash—a precursor to productive education. The inherent value of arguments within limits is greater, which link turns education arguments

Second is Fair ground – the resolution is the only neutral site of stasis for controversy – changing this allows them to define the debate in ways that make it impossible for us to compete and really easy for them to win

Third is decision-making – only maintaining a limited topic of discussion and a clear stasis for both teams provides the necessary and requisite foundation for decision-making and advocacy skills – even if they are contestable, that is different from being valuably debatable

Steinberg 26 Freeley ’8 *Austin J. Freeley is a Boston based attorney who focuses on criminal, personal injury and civil rights law, AND David L. Steinberg , Lecturer of Communication Studies @ U Miami, Argumentation and Debate: Critical Thinking for Reasoned Decision Making pp45-
Debate is a means of settling differences, so there must be a difference of
AND
particular point of difference, which will be outlined in the following discussion.

Effective decision-making is the lynchpin to solve all social and political problems —- this is an impact to limits, role-playing and decision-making that turns case

Lundberg ’10 – (Christian Lundberg, Professor of Communications @ University of North Carolina, Chapel Hill, "Tradition of Debate in North Carolina" in Navigating Opportunity: Policy Debate in the 21st Century By Allan D. Louden, p311)
The second major problem with the critique that identifies a naivety in articulating debate and
AND
with the existential challenges to democracy ~in an~ increasingly complex world. 

Discussions of specific policy-questions is crucial for skills development – we control uniqueness: students already have dogmatic notions about the world – government policy discussions is vital to force engagement with competing perspective to improve social outcomes and break down pre-conceived barriers of what is right – this turns case

Esberg 26 Sagan 12 – *Jane Esberg is special assistant to the director at New York University’s Center on. International Cooperation. She was the winner of 2009 Firestone Medal, AND Scott Sagan is a professor of political science and director of Stanford’s Center for International Security and Cooperation "NEGOTIATING NONPROLIFERATION: Scholarship, Pedagogy, and Nuclear Weapons Policy," 2/17 The Nonproliferation Review, 19:1, 95-108
These government or quasi-government think tank simulations often provide very similar lessons for
AND
quickly; simulations teach students how to contextualize and act on information.14

Prefer our evidence because it is more specific to the debate context. Game spaces like debate are distinct from other forms of education and public speaking.  There has to be a balance of ground or else one side claims the moral high ground and creates a de facto monologue

Hanghoj ’8 2008 – PhD, assistant professor, School of Education, University of Aarhus, also affiliated with the Danish Research Centre on Education and Advanced Media Materials, located at the Institute of Literature, Media and Cultural Studies at the University of Southern Denmark (Thorkild, http://static.sdu.dk/mediafiles/Files/Information_til/Studerende_ved_SDU/Din_uddannelse/phd_hum/afhandlinger/2009/ThorkilHanghoej.pdf)
Debate games are often based on pre-designed scenarios that include descriptions of issues
AND
dialogue as an end in itself" (Wegerif, 2006: 61). 

If our interpretation is net-beneficial it means there’s no reason to vote affirmative. If the case is true then it de-justifies the resolution. Teams are still signified by ’AFF’ and ’NEG’, so the resolution is a required measurement for ’affirmation.’

Case

The refusal to participate in the state cedes too much power to neoliberalism

Connolly 12 William E. Krieger-Eisenhower Professor at Johns Hopkins University where he teaches political theory. Political Philosophy  Theory 26 Event  Volume 15, Issue 1,
The democratic state, while it certainly cannot alone tame capital or reconstitute the ethos
AND
build upon the latter developments as it works to reduce the former pressures.

Your absolute fear of the state feeds conservative privatization agendas

Lobel 7, Assistant Professor of Law, University of San Diego, (Orly, Harvard Law Review, 120 Harv. L. Rev. 937)
In a classic example of cooptation, activists should be concerned about the infusion (
AND
is privatized, alternative extralegal scholarship accepts these developments as natural and inevitable. 

The question of this debate should be how to ensure that the left survives.

Grossberg, 92 ~Lawrence, "Professor of Communications Studies at the University of North Carolina, We Gotta Get Out of This Place: Popular Conservatism and Postmodern Culture, 1992 p. 388-390~
If the Left can give up its demand for purity, it may be able
AND
defeats in one place, in order to win a victory somewhere else.

The ESSENTIALIZATION OF THE GOVERNMENT gets it wrong.  It pre-decides what all governments can do and it becomes a way to ignore radical shifts in governing

Triantafillou 2K, Dept of Intercultural Communication 26 Management @ Copenhagen,
(Peter, Work and subjectivity – A review of psychological, sociological and
post-structuralist approaches, IKL Working Paper, no 39, Feb)
From this perspective, government may change its forms but it essentially remains the same
AND
government – may be more adequately understood as designating a historically specific phenomenon.

We shouldn’t decide the debate on the basis of first-person traumatic stories – it’s impossible to validate, it’s easily exploited, and it inhibits debate

Subotnik ’98, Professor of Law, Touro College, (Daniel, Cornell Journal of Law and Public Policy, Spring)
What can an academic trained to question and to doubt possibly say to Patricia Williams
AND
criticize a law review article by questioning the author’s emotional stability or veracity." 

We should not reduce politics to our own oppression – our argument doesn’t assume you have to check your identity at the door – but if this politics is over-emphasized, it impeded judgment by reducing all experience to more of the same and helps conservative politicians who want to reduce experience into special interests

Grossberg ’92 ~Lawrence, "Professor of Communications Studies at the University of North Carolina, We Gotta Get Out of This Place, p. 365-366~
Identity politics is an extension of feminists’ argument that the personal (i.e
AND
nation are privileged, and politics can degenerate into comparative measurements of suffering.

Sharing personal experience will causes judges to fake it

Whitlock ’7, Pf Post Colonial Studies – U of Queensland, (Gillian, Cardozo Studies in Law and Literature, Spring)
At the same time, these postcolonial contexts also suggest the limitations of this healing
AND
recent conference at Cape Town was the passive resistance to questions of representation.

We should refuse suffering-centric story-telling

Nair ’10, U of Illinois at Chicago’s, Dept of English, Queers for Economic Justice Project Advisory Committee on Immigration 26 Chicago LGBTQ Immigrant Alliance, (Yasmin, Immigrant City: Chicago, 6/6, http://www.usmarxisthumanists.org/articles/whatE28099s-left-of-queer-immigration-sexuality-and-affect-in-a-neoliberal-world/)
Personal stories can help to make systemic conditions more easily understood. But is there
AND
lose sight of the larger story of economic exploitation, at our peril. 

Big old overgeneralization – focuses on discourse of the powerful at the expense of real efforts by the oppressed to contest security constructions.

MCDONALD, University of Warwick, UK, 08
(Matt, European Journal of International Relations, Vol. 14(4): 563–587)

In perhaps the clearest statement of this limitation, Lene Hansen (2000) has
AND
possible, expanding the emphasis on ’contexts’ noted in the previous section. 

Unifying theories distract time and energy from a democratic renaissance – they divide ranks, telling people that their current forms of resistance are a waste of time.

RUDD 5 * JEFFREY, Adjunct Professor of Law, University of Montana; University of Wisconsin-Madison, William and Mary Environmental Law and Policy Review, Spring, 29 Wm. 26 Mary Envtl. L. 26 Pol’y Rev. 551

Society should give up the unproductive pursuit of unifying theories purporting to explain the underlying
AND
to the defects of democracy is not denial of the democratic idea." n30

GENDER CRITICISM IS EASILY CO-OPTED INTO THE STATE

MANN, Department of English - Pomona College, 96     (Paul, PMC 6.2)
It is a critical commonplace that the state is not a monolithic hegemony but rather
AND
not an exception. Effective resistance must be located in other tactical forms.

Turn – your K of masculinity increased gendered violence and can’t resolve any root causes

Amar 11   Paul, Journal of Middle East Women’s Studies, Volume 7, Number 3, Fall

To date, masculinity studies remains focused on charting the social norms that characterize subgroups
AND
and ethnic cleansing that never resolve root questions of gender and sexual justice.

Changing gendered linguistic representations is too partial to be liberatory

MOONEY 6, Roehampton University,
(ANNABELLE, International Journal for the Semiotics of Law,  WHEN A WOMAN NEEDS TO BE SEEN, HEARD AND WRITTEN AS A WOMAN: RAPE, LAW AND AN ARGUMENT AGAINST GENDER NEUTRAL LANGUAGE)

However, to change the linguistic evidence would not re-make the gendered world
AND
, its symptom status and other sites of violence, will be forgotten. 

Oppression is too multiple to be explained by gender

Nagoshi1 phd student in social work @ ASU and Brzuzy Chair and Associate Professor of Social Work @ xavier 2010 (Julie L, Stephan/ie "Transgender Theory: Embodying Research and Practice " Affilia: Journal of Women and Social Work 25(4) 431-443)
She stated that ’’gender is a constitutive element of social relationships based on perceived
AND
, critique of liberal-individualist models of Shotwell and Sangrey, 2009)

Gender studies are easily co-opted into the law

Spade 10   * Dean is an assistant professor at Seattle University School of Law. Columbia Journal of Gender and Law, 19 Colum. J. Gender 26 L. 1086
Reflecting on the title of this symposium, I was thinking about the metaphor of
AND
narratives of citizenship and belonging in law that actually reinforce conditions of subjection.

2NC

2NC Limits

Studies prove—depth is better than breadth.

Arrington 09 (Rebecca, UVA Today, "Study Finds That Students Benefit From Depth, Rather Than Breadth, in High School Science Courses" March 4)
A recent study reports that high school students who study fewer science topics, but
AND
twice as much as those in courses that touched on every major topic.
2NC DM 

But more importantly, the type of decision-making, critical thinking, info processing and research skills that we inculcate creates actively engaged citizenry that can resolve a number of existential risks that are unfolding in the status quo —- things like environmental destruction, climate change and international security exist which citizenry provides the best solution to —- prioritize these because they are existential and come first

Bostrum 12 (Nick, Professor of Philosophy at Oxford, directs Oxford’s Future of Humanity Institute and winner of the Gannon Award, Interview with Ross Andersen, correspondent at The Atlantic, 3/6, "We’re Underestimating the Risk of Human Extinction", http://www.theatlantic.com/technology/archive/2012/03/were-underestimating-the-risk-of-human-extinction/253821/-http://www.theatlantic.com/technology/archive/2012/03/were-underestimating-the-risk-of-human-extinction/253821/)
Bostrom, who directs Oxford’s Future of Humanity Institute, has argued over the course
AND
eliminating poverty or curing malaria, which would be tremendous under ordinary standards.
2NC DM K2 Resistance

That enables ACTUAL RESISTANCE and spills up to societal change—it answers their Foster card, which says that we shouldn’t have overly technical policy solutions

Hager, professor of political science – Bryn Mawr College, ’92
(Carol J., "Democratizing Technology: Citizen 26 State in West German Energy Politics, 1974-1990" Polity, Vol. 25, No. 1, p. 45-70)
What is the role of the citizen in the modern technological state? As political
AND
, but also the legitimacy of the bureaucratic institutions which produced those projects.
Policy studies generally ignore the legitimation aspects of public policy making.2 A discussion of both dimensions, however, is crucial for understanding the significance of grassroots protest for West German political development in the technological age and for assessing the likely direction of citizen politics in united Germany.
In the field of energy politics, West German citizen initiative groups tried to politicize
AND
large. The legacy of grassroots energy protest in West Germany is twofold.
First, it produced major substantive changes in public policy. Informed citizen pressure was
AND
vision of "technological democracy"-is an important outcome of grassroots action.
2NC Tradeoff DA

It commodifies their politics and makes it less likely to generate change – destroys coalitions and solutions

Atchison and Panetta 9, 09 – *Director of Debate at Trinity University and Director of Debate at the University of Georgia (Jarrod, and Edward, "Intercollegiate Debate and Speech Communication: Issues for the Future," The Sage Handbook of Rhetorical Studies, Lunsford, Andrea, ed., 2009, p. 317-334)
The final problem with an individual debate round focus is the role of competition.
AND
long community problems requires a tremendous effort by a great number of people.
2NC Steinberg 26 Freely 

Effective decision-making outweighs and turns the case —- first as a theory impact, it should be prioritized because the skills that we learn from debate can be taken from this round and applied to other settings and fostering this skill should come first because it is something we will use every day —- we always have to make decisions

Steinberg 26 Freeley 8 *Austin J. Freeley is a Boston based attorney who focuses on criminal, personal injury and civil rights law, AND David L. Steinberg , Lecturer of Communication Studies @ U Miami, Argumentation and Debate: Critical Thinking for Reasoned Decision Making pp45-
After several days of intense debate, first the United States House of Representatives and
AND
customer for out product, or a vote for our favored political candidate.

1NR

Case

Here are 15 things that are happening better than you

Benjamin 26 Mir ’ 13, Huffington Post M
edea Benjamin is author of Drone Warfare: Killing by Remote Control. Noor Mir is the Drone Campaign Coordinator at CODEPINK. "Finally, the Backlash Against Drones Takes Flight" March 2013 http://www.huffingtonpost.com/medea-benjamin/finally-the-backlash-against-drones_b_2950601.html
Rand Paul’s marathon 13-hour filibuster was not the end of the conversation on
AND
begin a process of taking drones out of the hands of the CIA.
Welsh

There’s also a form of dismissiveness to just "reading" these arguments in debate for "exposure" – it’s a cheap substitute that creates an unstable compromises – prevents effective reflection and reaction

Welsh 13, Scott, Department of Communication Appalachian State University, "Giving Way on One’s Desire: Response to Fuller," Philosophy and Rhetoric, Volume 46, Number 1, pp. 114-121 February 2013 http://muse.jhu.edu/login?auth=026type=summary26url=/journals/philosophy_and_rhetoric/v046/46.1.welsh.html
Might we say that academics work amid a broader competition to enact particular policies,
AND
it is neither one nor the other, it also cannot be both.

Judge this debate by its effects – rhetorical criticism does nothing if we don’t pay attention to how it’s appropriated – our responsibility should be to provide argument that others can use

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)
It is also tempting to conclude that one could still essentially engage in activist rhetorical
AND
better informed, better reasoned, better debated.  That is our politics.  

It will be co-opted by politicians which waters down both movements and doesn’t provide inventional resources

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
It is also tempting to conclude that one could still essentially engage in activist rhetorical
AND
, discover an " unexpected pertinence" (1984, 83, 89).

Tournament: 2013babyjo | Round: 4 | Opponent: Stanford Gulati-Rosenthal | Judge: Kearney

1NC

1

Diplomatic attempts give Obama momentum for strikes when talks inevitable fail – Congressional approval key to that threat being credible

Davis, 9-12-’13 (Julie, "Hoyer Says Obama Could Strike Syria Without Congress Vote" Bloomberg, http://www.bloomberg.com/news/2013-09-12/hoyer-says-obama-could-strike-syria-without-congress-vote.html)
On Syria, Hoyer said only a brief window exists for Russia to prove that
AND
address on Sept. 10 that he was asking Congress to delay voting.

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
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to its costs than if Congress stood behind him in the international arena.

Will Pass and PC is Key

WSJ 9/8 http://online.wsj.com/article/SB10001424127887324094704579062930548599924.html
WASHINGTON—In a week poised to define his second term, President Barack Obama
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are scheduled to brief House members on U.S. intelligence assessments.

Congressional support key to credible US threat of force that stabilizes Syria and maintains US credibility

Washington Post, 9-9-’13 ("Threat of U.S. strikes needed to change Syria’s behavior" http://articles.washingtonpost.com/2013-09-09/opinions/41898820_1_chemical-weapons-government-forces-syrian-foreign-minister)
IT WOULD be wrong to dismiss a potential move by Syria to place its chemical
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. Obama should keep his promise to step up support for Syrian rebels.

No strike crushes US global credibility that is necessary for global peace

Cohen 9/4, The International Herald Tribune, Red lines matter, p. 6
Roger, Columnist for NYT and IHT, foreign correspondent in fifteen different countries, well respected winner of numerous awards and honors including:  Joe Alex Morris lectureship at Harvard University, and in 2012 Lifetime Achievement award at the annual International Media Awards in London.
Europe knows, and this city in particular, about the importance of American ’’red
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the compromising of America’s ’’basic values’’ to which he also alluded this year.

2

Restraints of the length of war encourages a revolution in military affiars – the military will concentrate on high-tech conventional weapons designed to win wars quickly. The impact is asymmetric attacks, more casualties, Congressional-Executive clashes and a new imperial presidency

Kamienski 3  Lukasz, Jagiellonian University, Faculty of International and Political Studies, Strategic Insights, Volume II, Issue 9, September
A short and decisive war, however, does not pose a threat of a
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," and the traditional, Constitutional vision of war powers may become obsolete.

The aff can’t solve – we don’t need troops if we have drones, special forces and cyber technology

Cohen 12 (Michael, fellow at the Century Foundation, "The Imperial Presidency: Drone Power and Congressional Oversight," http://www.worldpoliticsreview.com/articles/12194/the-imperial-presidency-drone-power-and-congressional-oversight)
In a sense we are witnessing a perfect storm of executive branch power-grabbing
AND
it to take into account the new battlefields in the war on terror. 

Drone strikes as is hurt U.S. credibility

Zenko 13, (Micah, fellow at the Council on Foreign Relations, with expertise in Conflict Prevention; US national security policy, military planning and operations and nuclear weapons policy. "Reforming U.S. Drone Strike Policies", Council on Foerign Relations Special Report no. 65, January 2013 http://www.cfr.org/wars-and-warfare/reforming-us-drone-strike-policies/p29736-http://www.cfr.org/wars-and-warfare/reforming-us-drone-strike-policies/p29736, pg15)
The problem with maintaining that drone strikes are covert is that both the American and
AND
, no congressional committee has conducted a hearing on any aspect of them.

3

The Executive Branch should clarify that the 2001 Authorization for Use of Military Force only applies to al-Qaeda, the Taliban, or those nations, organizations, or persons who enjoy close and well-established collaboration with al-Qaeda or the Taliban.

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

Solvency

Congressional oversight means more secrecy – empirically Senators use oversight to do the opposite

Greenwald 12 THURSDAY, JUN 7, 2012 03:05 AM PDT Probing Obama’s secrecy games Will high-level Obama officials who leak for political gain be punished on equal terms with actual whistleblowers? BY GLENN GREENWALD
What all of this reflects is the wildly excessive, anti-democratic secrecy behind
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U.S. Government secrecy powers even beyond where they are now.

The President can easily use the Covert Action Statute to justify any imminent threat

Lawfare 12 Legality of U.S. Government’s Targeted Killing Program under Domestic Law, http://www.lawfareblog.com/wiki/the-lawfare-wiki-document-library/targeted-killing/legality-of-targeted-killing-program-under-u-s-domestic-law/
Nevertheless, Bradley and Goldsmith explain, even if Congress did not authorize the U
AND
II, and thus does not expand the scope of the President’s authority.

The executive will give the Congress the finger – secrecy, media and lying

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 beliefs prior to becoming President Mr. Obama, as the Executive’s
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and covering them up when caught - throws its very legitimacy into question.

Libya proves this argument – the administration won’t cave to congressional restraints

Kucinich 11 Rep. Dennis (D-OH), "Obama in Libya," The Progressive, June 2011,
http://www.progressive.org/kucinich0611.html
In two years, we have moved from President Bush’s doctrine of preventive war to
AND
the mission. This is a clear and arrogant violation of our Constitution.

Advantage 1

International cooperation inevitable and solves terrorism

Mueller, Professor PolSci Ohio State, and Stewart, Professor Infrastructure Performance at U of Newcastle, ’12 (John- Senior Research Scientist Mershon Center for International Security Studies, Mark- Australian Research Council Professorial Fellow, Summer, "The Terrorism Delusion: America’s Overwrought Response to September 11" International Security, Vol 37 No 1, ProjectMuse)
No matter how much states around the world might disagree with the United States on
AND
the seven returned home and helped to dissuade those in the next contingent.

No bioweapon could kill off humanity – natural resistance and technology check a superbug

Easterbrook (Gregg, The New Republic Editor) 2003 ~Wired, "We’re All Gonna Die21" 11/7, http://www.wired.com/wired/archive/11.07/doomsday.html~~
3. Germ warfare21  Like chemical agents, biological weapons have never lived up
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out humanity before, and it seems unlikely to happen in the future.

Multiple barriers mean bioterror is extremely unlikely

Schneidmiller, Global Security Newswire, 1-13-09 (Chris, "Experts Debate Threat of Nuclear, Biological Terrorism," http://www.globalsecuritynewswire.org/gsn/nw_20090113_7105.php)
Panel moderator Benjamin Friedman, a research fellow at the Cato Institute, said academic
AND
. Which can’t make anything and what it would make is just garbage." 

No risk of nuclear terrorism – technically impossible*

Michael, Professor Nuclear Counterprolif and Deterrence at Air Force Counterprolif Center, ’12 (George, March, "Strategic Nuclear Terrorism and the Risk of State Decapitation" Defence Studies, Vol 12 Issue 1, p 67-105, T26F Online)
Despite the alarming prospect of nuclear terrorism, the obstacles to obtaining such capabilities are
AND
there are still many nuclear weapons that could fall into the wrong hands.

No bioweapon could kill off humanity – natural resistance and technology check a superbug

Easterbrook (Gregg, The New Republic Editor) 2003 ~Wired, "We’re All Gonna Die21" 11/7, http://www.wired.com/wired/archive/11.07/doomsday.html~~
3. Germ warfare21  Like chemical agents, biological weapons have never lived up
AND
out humanity before, and it seems unlikely to happen in the future.

Multiple barriers mean bioterror is extremely unlikely

Schneidmiller, Global Security Newswire, 1-13-09 (Chris, "Experts Debate Threat of Nuclear, Biological Terrorism," http://www.globalsecuritynewswire.org/gsn/nw_20090113_7105.php)
Panel moderator Benjamin Friedman, a research fellow at the Cato Institute, said academic
AND
. Which can’t make anything and what it would make is just garbage." 

Economic decline doesn’t cause war

Barnett, Senior Managing Director Enterra Solutions LLC, ’9 (Thomas, August 24, "The New Rules: Security Remains Stable Amid Financial Crisis" World Politics Review, http://www.worldpoliticsreview.com/articles/4213/the-new-rules-security-remains-stable-amid-financial-crisis)
When the global financial crisis struck roughly a year ago, the blogosphere was ablaze
AND
fear-mongering to proceed apace. That’s what the Internet is for.

Global economy is remarkably resilient – integration solves war

Zakaria Editor Newsweek ’9 (Fareed-, Dec. 12, Newsweek, "The Secrets of Stability", http://www.newsweek.com/id/226425/page/1)
One year ago, the world seemed as if it might be coming apart.
AND
Most have been there, done that. And they know the price.

US isn’t key to the world economy

Wassener, MSC in IR, 9—London School of Economics and Political Science, MSc , International Relations, Politics (Bettina, In Asia, a Derided Theory Returns, 1 July 2009, http://query.nytimes.com/gst/fullpage.html?res=9C0CEFDE163EF932A35754C0A96F9C8B63)
For a while, when the global economic crisis was at its worst, it
AND
Western economies and those in much of Asia, notably China and India.

Advantage 2

Even if the president has to rely on risky legal grounds – no court will ever rule against him on national security affairs and even if they did, the executive would circumvent them

Vermeule 9  *Adrian, John H. Watson, Jr. Professor of Law, Harvard Law School. Harvard Law Review, 122 Harv. L. Rev. 1095, February
4. Standards Versus Grey Holes. - A particular clarification about grey holes is
AND
of-law theorists and administrative law theorists think is true or desirable.

Congressional limitations cause greater executive reliance on PMCs. The drug war in Columbia proves the link

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.

Leads to quicker intervention and causes the President to not depend on coalitions – Iraq proves

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
Hence with lower political opportunity costs for waging war, the president may be more
AND
military privateers, privatization provides opportunities to subvert these carefully arrived at arrangements.

Bad intel. Causes greater Air Force dependence on privates and more drone strikes

Isenberg 12 – (David, author of the book Shadow Force: Private Security Contractors in Iraq, "Predator Military Contractors: Privatizing the Drones," http://www.huffingtonpost.com/david-isenberg/contractors-privatizing-the-drones_b_1976650.html)
Clanahan judges that The Air Force appears to have adopted a position similar to that
AND
where military members are not always in operational control of a military aircraft. 

2NC

2NC Prerequisite

Counterplan is a prerequisite – key to effective legislative and judicial oversight

Metzger ’9, Gillian E. Metzger, Professor of Law @ Columbia Law School, "The Interdependent Relationship Between Internal and External Separation of Powers" 59 Emory L.J. 423, Emory Law Journal, 2009
Equally important, the relationship between internal and external separation of powers is reciprocal:
AND
by the concerns of military lawyers about how the tribunals were functioning. 102

Solvency – Hostilities: AUMF

The president should announce that any authority from post 9-11 authorizations no longer applies

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
America must turn the page on the previous era, because "the threat has
AND
authority to wage war precisely as he has for the last four years.

A2 Legal Norms Key: Courts

Executive action is a better defense of the rule of law

Dyzenhaus 6, Pf Philosophy @ Toronto, (David, "TERRORISM, GLOBALIZATION AND THE RULE OF LAW: SCHMITT V. DICEY: ARE STATES OF EMERGENCY INSIDE OR OUTSIDE THE LEGAL ORDER?" Cardozo Law Review, March, lexis)
I will argue, however, that in order to provide a workable version of
AND
a "political economy" that will prevent abuse of emergency powers. 47

A2 Legal Norms K2 Precedent

A legal framework isn’t something that’s unique to Congress. Executive compliance with international norms SETS A LEGAL PRECEDENT

Twomey 13, Trinity College Dublin, (Laura, Setting a Global Precedent: President Obama’s Codification of Drone Warfare, Cambridge Journal of International and Comparative Law, 14 March 2013, http://www.cjicl.org.uk/index.php/cjicl-blog/setting-a-global-precedent-president-obamas-codification-of-drone-warfare, da 7-31-13) PC
It is clear that, as the first State to deploy remote targeting technology in
AND
warfare, a model which lacks a clear enemy and a demarcated battlefield.

Nations respond to behavior and usage — not legal standards

Roberts 13 (Kristin, When the Whole World Has Drones, National Journal, 21 March 2013, http://www.nationaljournal.com/magazine/when-the-whole-world-has-drones-20130321, da 8-1-13) PC
But even without raising standards, tightening up drone-specific restrictions in the standing
AND
world is free to fill in the blanks where and when it chooses. 

2NC Politics NB

Executive action avoids politics

Sovacool 9 Dr. Benjamin K. Sovacool 2009 is a Research Fellow in the Energy Governance Program at the Centre on Asia and Globalization., Kelly E. Sovacool is a Senior Research Associate at the Lee Kuan Yew School of Public Policy at the National University of SingaporeArticle: Preventing National Electricity-Water Crisis Areas in the United States, Columbia Journal of Environmental Law  2009  34 Colum. J. Envtl. L. 333,
¶ Executive Orders also save time in a second sense.  The President does not
AND
without having to wait for congressional action ¶ ¶ or agency regulatory rulemaking.

True for Obama

Ramsey 12 (MICHAEL D. RAMSEY, is Professor of Law at the University of San Diego School of Law, "THE FEDERALIST SOCIETY NATIONAL LAWYERS CONVENTION—2011: MEET THE NEW BOSS: CONTINUITY IN PRESIDENTIAL WAR POWERS?" Summer, 2012, Harvard Journal of Law 26 Public Policy, LexisNexis, KB)
Thus there has been an escalation in the use of unconstitutional executive war power under
AND
to the prior administration, but rather the increased disregard of constitutional limits.

Solvency

The AUMF is completely irrelevant – emergencies sustain the war on terror

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

Emergency politics are more important than legal authority to deploy troops. The world before the AUMF proved that legal authority wasn’t necessary.

Thronson 13  * Patrick A., University of Michigan Law School; University of Michigan Journal of Law Reform, Winter, 46 U. Mich. J.L. Reform 737
The traditional narrative offered to explain the legal basis for the military powers invoked by
AND
primary manpower pool of the reserve components" of the entire military. 254 

Advantage 2

Courts won’t restrain 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

Post 9-11 jursiprudence proves courts won’t resist the Executive

Vermeule 9  *Adrian, John H. Watson, Jr. Professor of Law, Harvard Law School. Harvard Law Review, 122 Harv. L. Rev. 1095, February
I explain these claims through an overview of the APA and surrounding legal doctrine.
AND
Nuclear Power Corp. v. Natural Resources Defense Council, Inc. 8

Emergency thinking will structure all court decisions

Vermeule 9  *Adrian, John H. Watson, Jr. Professor of Law, Harvard Law School. Harvard Law Review, 122 Harv. L. Rev. 1095, February
At the other end of the continuum, however, one could imagine a system
AND
~ in order to be central components of administrative law’s treatment of emergencies.

Greater reliance on PMCs causes shadow wars

Singer 7 (Peter, Director @ 21st century defense initiative, interviewed by Scott Horton, columnist for Harper’s Magazine, "’Can’t Win With ’Em, Can’t Go to War Without ’Em’: Six Questions for P.W. Singer", 9/30, http://harpers.org/archive/2007/09/hbc-90001311)
One of your first conclusions is that by using military contractors, policymakers "dodge
AND
the full nation, then maybe it shouldn’t happen in the first place. 

A. PMCs are less constrained than the military

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
An additional cause of concern from a morale and confidence-damaging perspective is the
AND
to Iraqis and the global community that such behavior is not condoned. 344

Guts our credibility and causes PMC prolif

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.

Advantage 1

Multiple barriers mean bioterror is extremely unlikely

Schneidmiller, Global Security Newswire, 1-13-09 (Chris, "Experts Debate Threat of Nuclear, Biological Terrorism," http://www.globalsecuritynewswire.org/gsn/nw_20090113_7105.php)
Panel moderator Benjamin Friedman, a research fellow at the Cato Institute, said academic
AND
. Which can’t make anything and what it would make is just garbage." 

And history proves – no link between the economy and war

Ferguson 6 (Ferguson, Niall. "The Next War of the World." Foreign Affairs 85.5 (Sept-Oct 2006): 61. Expanded Academic ASAP.)
There are many unsatisfactory explanations for why the twentieth century was so destructive. One
AND
economic catastrophe, and some severe economic crises were not followed by wars. 

More evidence – the economy is resilient

Washington Times 8 - chief political correspondent of The Washington Times (7/28/08, Donald Lambro, The Washington Times, "Always darkest before dawn", lexis)
The doom-and-gloomers are still with us, of course, and
AND
, I’m more bullish than ever on our economy’s long-term prospects.

1NR

OV

Nuclear war

James A. Russell, Senior Lecturer, National Security Affairs, Naval Postgraduate School, ’9 (Spring) "Strategic Stability Reconsidered: Prospects for Escalation and Nuclear War in the Middle East" IFRI, Proliferation Papers, ~2326, http://www.ifri.org/downloads/PP26_Russell_2009.pdf 

Strategic stability in the region is thus undermined by various factors: (1)
AND
the peoples of the region, with substantial risk for the entire world. 

Power projection is irrelevant if we aren’t credible – It’s the only way to make deterrence work – They destroy our hegemony

Pulse Review 7-6-9 (founded by an Air Force Academy graduate with a MA in Unconventional Warfare from the American Military University Review, "Why We Are Called the Paper Tiger," http://pulsereview.com/?p=1111)
What we perceive is what we believe.  When other nations perceive that America will
AND
maintain our credibility.   It is better for everyone involved — especially us.  

Credibility is just as important as resources – Even if they improve military strength, they don’t solve the terminal impact.

Gerson, Anaylst – Strategic Initiatives Group, 9 (Michael, Research Analyst in the Strategic Initiatives Group at CAN, participated in the conceptual development and drafting of the Navy’s maritime strategy, member of the Nuclear Posture Review, lecturer at George Washing University 26 NYU, B.A. in History from University of Texas, M.A. in International Relations from the University of Chicago, "Conventional Deterrence In the Second Nuclear Age," Parameters, Autumn, http://www.carlisle.army.mil/usawc/Parameters/Articles/09autumn/gerson.pdf)
Credibility, according to Sir Lawrence Freedman, is the "magic ingredient" of
AND
willpower are likely to be as important for deterrence credibility as military capabilities. 

Uniqueness

Your ev was in the context of the UN negotiation

The Age, 9-14-’13 ("US removes threat but reserves right to strike Syria" http://www.theage.com.au/world/us-removes-threat-but-reserves-right-to-strike-syria-20130914-2trce.html)
US President Barack Obama will drop his insistence that the threat of a military strike
AND
general did not have the report and was only speculating on its content.

Vote is NEXT WEEK

Chicago Tribune 9/11 http://www.chicagotribune.com/news/chi-obama-syria-20130911,0,5719759.story
U.S. lawmakers said the Senate could start voting as soon as next week on a resolution to authorize military force if efforts to find a diplomatic solution fail. Obama has struggled for support in Congress for the plan.

Vote NEXT WEEK credible threat of force is NECESSARY for diplomacy to solve

Chicago Tribune 9/11 http://www.chicagotribune.com/news/chi-obama-syria-20130911,0,5719759.story
Lawmakers said on Wednesday the Senate could start voting on a resolution to authorize the
AND
who is working with the group of eight other senators on the amendment.

PC Key

AUMF will take PC

Politico 9/5 http://hotair.com/headlines/archives/2013/09/05/after-syria-how-much-political-capital-will-obama-have-left-for-immigration-and-the-debt-ceiling/
A resolution authorizing the use of force in Syria won’t make it through the House
AND
is trying to draft an authorization knowing that they’re going to implement it."

Capital key to authorization

Ben German, 8-31, 13, http://thehill.com/blogs/global-affairs/middle-east-north-africa/319817-on-syria-request-obama-gets-praise-warnings-from-capitol-hill-http://thehill.com/blogs/global-affairs/middle-east-north-africa/319817-on-syria-request-obama-gets-praise-warnings-from-capitol-hill "On Syria Request, Obama Praised, Warned by Lawmakers"
But despite likely support from Pelosi and some other influential Democrats, it’s not immediately
AND
complete, serious answers to the questions the Speaker and other have asked."

Obama will need to spend a lot of capital to barely win

Cindy Saine, 9-5, VOA News, "US Congressional Vote on Syria Faces Tough Road," http://www.voanews.com/content/us-congressional-vote-on-syria-faces-tough-road/1743640.html
But some members, including Republican Michael McCaul of Texas, voiced concern about authorizing
AND
succeed narrowly. But this is not, not, a foregone conclusion."

Obama will likely win, but tough fight in the House

AP, 9-4, 13, "Obama Faces Syria Test as House Holds 1^st Hearing," http://www.nwitimes.com/news/national/government-and-politics/obama-faces-syria-test-as-house-holds-st-hearing/article_4d0feeab-1b7a-5049-b8a3-3d4d8b0d8d5d.html
The Obama administration is facing a tougher examination of its plans for military intervention in
AND
in a strike, although President Francois Hollande says he’ll await Congress’ decision.

1NR LINK

The process of new force authorizations will devolve into batshittery

Marcy 13   PhD program in Comparative Literature brought her to Michigan, Declaring "Wars" the President Didn’t Ask For, 5-8,http://www.emptywheel.net/2013/05/08/declaring-wars-the-president-didnt-ask-for/
But that, it seems to me, is ultimately what this debate about a
AND
If they do one, it’s going to contain all manner of batshittery.

Your turns don’t apply – there’s only support for the problem – not the solution

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

A2 Hirsch

Success depends on picking the right issues – links prove the plan is wrong

Hirsh 2-7 – their author Michael Hirsh - chief correspondent for National Journal, previously  senior editor and national economics correspondent for Newsweek,  "There’s No Such Thing as Political Capital" February 7, 2013 http://www.nationaljournal.com/magazine/there-s-no-such-thing-as-political-capital-20130207
And then there are the presidents who get the politics, and the issues,
AND
policy is a good idea," as the party suffers in the polls.

Even if you don’t like the "political capital" metaphor, it’s really a semantic distinction – Hirsh’s entire argument assumes the plan is popular – links prove Hirsh is not applicable

—not every item costs political capital, and pushing popular policies are a win.  THAT IS NOT THE PLAN.
SWR 2-11 – Political blog written by an Oregonian analyst
So Well Read, http://sowellread.wordpress.com/2013/02/11/banking-on-old-ideas/-http://sowellread.wordpress.com/2013/02/11/banking-on-old-ideas/
National Journal’s Hirsh might suggest that Obama’s success in his second term depends less on
AND
if we insist on calling it that, than he went in with.

Tournament: 2013babyjo | Round: 6 | Opponent: Missouri State Parsian-Russo | Judge: Koehle

1NC

1

Diplomatic attempts give Obama momentum for strikes when talks inevitable fail – Congressional approval key to that threat being credible

Davis, 9-12-’13 (Julie, "Hoyer Says Obama Could Strike Syria Without Congress Vote" Bloomberg, http://www.bloomberg.com/news/2013-09-12/hoyer-says-obama-could-strike-syria-without-congress-vote.html)
On Syria, Hoyer said only a brief window exists for Russia to prove that
AND
address on Sept. 10 that he was asking Congress to delay voting.

The aff is a political minefield

Michael Catalini, May 3, 2013, National Journal, "Political Barriers Stand Between Obama and Closing Guantanamo Facility" http://www.nationaljournal.com/politics/political-barriers-stand-between-obama-and-closing-guantanamo-facility-20130503-http://www.nationaljournal.com/politics/political-barriers-stand-between-obama-and-closing-guantanamo-facility-20130503

The last time President Obama tried to close the Guantanamo Bay detention center, Congress
AND
with this issue once and for all," Manley said in an interview. 

Will Pass and PC is Key

WSJ 9/8 http://online.wsj.com/article/SB10001424127887324094704579062930548599924.html
WASHINGTON—In a week poised to define his second term, President Barack Obama
AND
are scheduled to brief House members on U.S. intelligence assessments.

Congressional support key to credible US threat of force that stabilizes Syria and maintains US credibility

Washington Post, 9-9-’13 ("Threat of U.S. strikes needed to change Syria’s behavior" http://articles.washingtonpost.com/2013-09-09/opinions/41898820_1_chemical-weapons-government-forces-syrian-foreign-minister)
IT WOULD be wrong to dismiss a potential move by Syria to place its chemical
AND
. Obama should keep his promise to step up support for Syrian rebels.

No strike crushes US global credibility that is necessary for global peace

Cohen 9/4, The International Herald Tribune, Red lines matter, p. 6
Roger, Columnist for NYT and IHT, foreign correspondent in fifteen different countries, well respected winner of numerous awards and honors including:  Joe Alex Morris lectureship at Harvard University, and in 2012 Lifetime Achievement award at the annual International Media Awards in London.
Europe knows, and this city in particular, about the importance of American ’’red
AND
the compromising of America’s ’’basic values’’ to which he also alluded this year.

2

US Drone Strikes are decreasing

Pakistan News 26 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 as is hurt U.S. credibility – lack of transparency, oversight and restrictions allow any bombing to be blamed on the U.S. – turns heg

Zenko 13, (Micah, fellow at the Council on Foreign Relations, with expertise in Conflict Prevention; US national security policy, military planning and operations and nuclear weapons policy. "Reforming U.S. Drone Strike Policies", Council on Foerign Relations Special Report no. 65, January 2013 http://www.cfr.org/wars-and-warfare/reforming-us-drone-strike-policies/p29736-http://www.cfr.org/wars-and-warfare/reforming-us-drone-strike-policies/p29736, pg15)
The problem with maintaining that drone strikes are covert is that both the American and
AND
, no congressional committee has conducted a hearing on any aspect of them.

3

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.

Checks on detention or symbolic – rulings, precedents and attempts at oversight fail

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
What about the judges’ reaction? Here the picture fits a standard cyclical pattern in
AND
is fundamentally driven by political imperatives, not judicial orders or legal norms.

Restraints are just a façade that legitimate the executive while producing a rubber stamp model and normalize the state of excpetion while subjecting individuals to biopolitical control

Rogers 8 Nicole Rogers is a Lecturer in law at the School of Law and Justice at Southern Cross University, Lismore. Law Text Culture, 12 LTC 159
In considering the validity of control orders on accused terrorists or terrorist suspects, the
AND
law has been applied. I turn now to the Australian terror trials.

The aff maintains the façade of a legal constaints – this swells executive power

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 26 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 to check 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
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

4

The president of the United States should apply the Geneva Conventions to persons detained in an Active Theater of War. The Executive Branch of the United States should create a Domestic Terror Court housed within the executive to resolve the legal status of detainees and 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.

The president can and should apply Geneva to current policies – gets modeled

De Nevers ’6 (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)
In late 2004, the Defense Department retracted the more permissive¶ guidelines for interrogation
AND
U.S. adherence¶ to national or international laws remains murky.

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

Internal checks comparatively solve better and don’t link to politics

Metzger ’9, Gillian E. Metzger, Professor of Law @ Columbia Law School, "The Interdependent Relationship Between Internal and External Separation of Powers" 59 Emory L.J. 423, Emory Law Journal, 2009
Several bases exist for thinking that internal separation of powers mechanisms may have a comparative
AND
perceived as contributing to more fully informed and expertise-based decisionmaking. 79

Intel Sharing

Allies are becoming reluctant to provide the US with intelligence and are questioning intelligence-sharing agreements
Daskal 26 Vladeck, 13 – (Jennifer Daskal is a fellow at Georgetown’s Center on National Security and the Law and an adjunct professor at Georgetown Law Center. Stephen I. Vladeck is a professor of law and the Associate Dean for Scholarship at American University Washington College of Law. This paper was sponsored in part by the Open Society Foundations, AFTER THE AUMF, http://www.lawfareblog.com/wp-content/uploads/2013/05/After-the-AUMF-Final.pdf)
Other counterproductive consequences include the risks of further destabilizing already unstable regimes, increased international
AND
being used to support what it deemed to be illegitimate drone strikes.53

Leads to participating countries info to get leaked, used against it and deliberately mislead people
Lelewel, 9 – (November 18, 2009, "NTERNATIONAL INTELL¶ IGENCE COOPERATION I¶ N COUNTER¶ -¶ TERRORISM¶ -¶ CAUSES, COMPLICATION¶ S AND CONSEQUENCES¶ ," Graduate School of Arts and Sciences¶ of Georgetown University¶ , http://repository.library.georgetown.edu/bitstream/handle/10822/553538/lelewelStefan.pdf?sequence=1-http://repository.library.georgetown.edu/bitstream/handle/10822/553538/lelewelStefan.pdf?sequence=1) 

57¶ Despite all these obstacles, international intelligence cooperation¶ can¶ still takes
AND
that it was the originator of the¶ intelligence in order to gain advantage

Counter-terror cooperation is a one way street that causes countries to stop sharing information because the US isn’t as diligent in sharing its info – these are necessary to intelligence activities
Rosenau, 4 – (RAND Corporation Washington Office, "Liaisons Dangereuses? Transatlan
tic Intelligence Cooperation
and the Global War on Terrorism ," http://www2.warwick.ac.uk/fac/soc/pais/people/aldrich/vigilant/04b.rosenau-liaisons-dangereuses.pdf-http://www2.warwick.ac.uk/fac/soc/pais/people/aldrich/vigilant/04b.rosenau-liaisons-dangereuses.pdf) 

The United States regularly shares high -grade intelligence with the G5 countries (that
AND
terrorist activities—and in the proc ess revealing aspects of US capabilities.

Fails –
A. Organizational Problems
Lelewel, 9 – (November 18, 2009, "NTERNATIONAL INTELL¶ IGENCE COOPERATION I¶ N COUNTER¶ -¶ TERRORISM¶ -¶ CAUSES, COMPLICATION¶ S AND CONSEQUENCES¶ ," Graduate School of Arts and Sciences¶ of Georgetown University¶ , http://repository.library.georgetown.edu/bitstream/handle/10822/553538/lelewelStefan.pdf?sequence=1-http://repository.library.georgetown.edu/bitstream/handle/10822/553538/lelewelStefan.pdf?sequence=1) 

Organizational p¶ roblems, referring to¶ differences in the domestic bureaucratic¶ structure of individual states¶ that¶ can make¶ international cooperation more difficult¶ , might occur¶ as well¶ . Examples for this could be¶ some countries combining intelligence and security service and others not, or the¶ different roles different actors¶ play in each country.

B. Organizational problems
Lelewel, 9 – (November 18, 2009, "NTERNATIONAL INTELL¶ IGENCE COOPERATION I¶ N COUNTER¶ -¶ TERRORISM¶ -¶ CAUSES, COMPLICATION¶ S AND CONSEQUENCES¶ ," Graduate School of Arts and Sciences¶ of Georgetown University¶ , http://repository.library.georgetown.edu/bitstream/handle/10822/553538/lelewelStefan.pdf?sequence=1-http://repository.library.georgetown.edu/bitstream/handle/10822/553538/lelewelStefan.pdf?sequence=1)
Legal problems might¶ also¶ arise¶ when restrictions apply for one country using certain kinds of information from another¶ country that might not be usable under its domestic law.

C. Technical problems
Lelewel, 9 – (November 18, 2009, "NTERNATIONAL INTELL¶ IGENCE COOPERATION I¶ N COUNTER¶ -¶ TERRORISM¶ -¶ CAUSES, COMPLICATION¶ S AND CONSEQUENCES¶ ," Graduate School of Arts and Sciences¶ of Georgetown University¶ , http://repository.library.georgetown.edu/bitstream/handle/10822/553538/lelewelStefan.pdf?sequence=1-http://repository.library.georgetown.edu/bitstream/handle/10822/553538/lelewelStefan.pdf?sequence=1) 

56¶ Finally,¶ technical problems,¶ resulting from the inability to combine different intelligence databases,¶ would be an¶ obstacle to cooperation¶ . Other areas of problems are a lack of secure means of¶ communicating classified information¶ , the possible violation of human right by one side,¶ or simple sounding issues such as different spellings of Arabic names in different¶ countries.

No risk of nuclear terrorism – technically impossible*

Michael, Professor Nuclear Counterprolif and Deterrence at Air Force Counterprolif Center, ’12 (George, March, "Strategic Nuclear Terrorism and the Risk of State Decapitation" Defence Studies, Vol 12 Issue 1, p 67-105, T26F Online)
Despite the alarming prospect of nuclear terrorism, the obstacles to obtaining such capabilities are
AND
there are still many nuclear weapons that could fall into the wrong hands.

Deference

a) Overturned the first two Supreme Court cases that attempted to limit indefinite detention

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.
The first challenges to the detention program came in the form of Rasul and Hamdi
AND
by the Department of Defense at Guant´anamo Bay, Cuba."113  

When the courts responded to give more rights, Congress stripped that decision of meaning too.

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.
The DTA threw pending habeas claims by Guant´anamo detainees, like that of
AND
for¶ Boumediene, the principal case in the Guant´anamo litigation.

Stripping guts the case solvency and turns the case—all rights protections would go completely unenforced—trampling meaningful rights:

Barry W. Lynn, 2004 bachelor’s degree at Dickinson College, theology degree from Boston University School of Theology, minister in the United Church of Christ, of the Washington, D.C. bar, law degree from Georgetown University Law Center, the Executive Director of Americans United for Separation of Church and State, 2004
~"Congress and Court Stripping: Just Keep Your Shirts On" Church and State Magazine, May~
Another measure, the misnamed "Constitution Restoration Act of 2004," was written by
AND
the momentary whims of the majority. Our rights would be trampled on.

No causality between hegemony and peace

-this card is really good
Fettweis 11 Christopher, Professor of Political Science @ Tulane, Dangerous Times?: The International Politics of Great Power Peace, pg. 172-174
The primary attack on restraint, or justification of internationalism, posits that if the
AND
worth noting for our purposes that the United States was no less safe.

Solvency

Even if the president has to rely on risky legal grounds – no court will ever rule against him on national security affairs and even if they did, the executive would circumvent them

Vermeule 9  *Adrian, John H. Watson, Jr. Professor of Law, Harvard Law School. Harvard Law Review, 122 Harv. L. Rev. 1095, February
4. Standards Versus Grey Holes. - A particular clarification about grey holes is
AND
of-law theorists and administrative law theorists think is true or desirable.

2NC

OV

The aff is an outgrowth of a very particular Americanized version of liberal subjectivity. What makes sense according to the aff has it’s own unique history. The aff’s muscular conceptions of liberalism – were borne from learning lessons in opposition to the Nixonian logic of war and the Cold War. Today, these liberal illusions have coalesced to form a new liberal subjectivity which legitimizes wars for democracy and doctrines of pre-emption as a ’new internationalism’

Motha 8 *Stewart, Senior Lecturer, Kent Law School, University of Kent, Canterbury, Kent, Journal of Law, Culture, and Humanities Forthcoming 2008, Liberal Cults, Suicide Bombers, and other Theological Dilemmas
A universalist liberal ideology has been re-asserted. It is not only neo
AND
the crucible on which the new alignment of the liberal left is forged.

A vibrant public sphere is ONLY WAY to check gross forms of national security utilitarianism

Williams 8  *Daniel R, Associate Professor of Law, Northeastern University School of Law.
Penn State Law Review, Summer, 113 Penn St. L. Rev. 55
The classic Frankfurt School diagnosis of American culture is grim and pessimistic. Jurgen Habermas
AND
Habermas regard "the public sphere as the definitive institution of democracy." 164 

—-rule of law help make the public complacent in in empire building and make them believe in american hegemony and benevolence—-it causes a constant state of militarism and prescence around the globe that’s cause blowback by other countries

Williams 8  *Daniel R, Associate Professor of Law, Northeastern University School of Law.
Penn State Law Review, Summer, 113 Penn St. L. Rev. 55
The corruption of Enlightenment culture through consumerism is what makes U.S. empire
AND
the preservation and spreading of a system-world consumerist way of being.

FW

It misconceives the idea of authority and where it comes from—-they believe that it emanates from the legal norms butthe state has been coopted by specialized interests—the focus on debate should be how culture elements can create change to combat normalization of violence caused by the military-industrial-state

Giroux 13 Henry A. is a social critic and educator, and the author of many books. He currently holds the Global Television Network Chair in English and Cultural Studies at McMaster University, Ontario, Monthly Review, Volume 65, Issue 01 (May)
In addition, as the state is hijacked by the financial-military-industrial
AND
transformations, any attempt at radical change will more than likely be cosmetic.

Permutation

Permutation still links and doesn’t make sense—-the alt rejects the aff for its faith in legal structures and the idea that it can create change—-this isn’t true and turns solvency because it depletes public activism

Gordon, 87 – (Robert. Prof Law @ Stanford Univ. "Unfreezing Legal Reality: Critical Approaches to Law" Florida State University Law Review, Vol 15 No 3. 1987, lexis)
Now a central tenet of CLS work has been that the ordinary discourses of law
AND
discourses contribute to freezing, and to demonstrate how problematic these discourses are.

Link

Trials—-these are just mechanisms to grant victories to the sovereign power

Shomura 10 Chad, Department of Political Science. Johns Hopkins University. Theory 26 Event, Volume 13, Issue 1
While certainly important to advocates of political liberalism, these legal benefits disregard the subjectivization
AND
dangerous, inhuman terrorists and ultimately disrupt the sovereign operations of homopolitics.xxxvii 

2NC Alt – International Law

Nations respond to behavior — not legal standards

Roberts 13 (Kristin, When the Whole World Has Drones, National Journal, 21 March 2013, http://www.nationaljournal.com/magazine/when-the-whole-world-has-drones-20130321, da 8-1-13) PC
But even without raising standards, tightening up drone-specific restrictions in the standing
AND
world is free to fill in the blanks where and when it chooses. 

Drones Uniqueness

Drone strikes are less utilized in the status quo, and are killing record low levels of civilians-

Cahall 13 (Bailey, research associate with the National Security Studies Program at the New America Foundation, July 2nd 2013, New report says CIA drone strikes in Pakistan at an all-time low, afpak.foreignpolicy.com/posts/2013/07/02/report_cia_drone_strikes_in_pakistan_at_all_time_low
A new report released by the Bureau of Investigative Journalism on Monday notes that the
AND
sharply falling civilian casualty rate for the past year on CNN.com. 

1NR

Deferrence

Stripping guts the case solvency and turns the case—all rights protections would go completely unenforced—trampling meaningful rights:

Barry W. Lynn, 2004 bachelor’s degree at Dickinson College, theology degree from Boston University School of Theology, minister in the United Church of Christ, of the Washington, D.C. bar, law degree from Georgetown University Law Center, the Executive Director of Americans United for Separation of Church and State, 2004
~"Congress and Court Stripping: Just Keep Your Shirts On" Church and State Magazine, May~
Another measure, the misnamed "Constitution Restoration Act of 2004," was written by
AND
the momentary whims of the majority. Our rights would be trampled on.

Counter Terror

Dropped no internal link to terror

Call the pepsi challenge-

1. daskal and vladeck says allies are reluctant to provide info – it specifically says Germany – it’s in their constitution to restrict information that is used to support terror

2. Our Rosenau evidence is specific to Europe – says one way street

The United States regularly shares high -grade intelligence with the G5 countries (that is, Britain, France, Spain, Germany, an d Italy), but appears much less willing to do so with other nations. 36 In the words of one European official, "~i~f you call sharing a one-way street, then we share information. ~The United States~ wants what we have immediately and demands it. But if we ask for something, it can take months before we even get an initial reply." 37

Extend the misleading turn – circular reporting is used to validate bad intelligence – again not a question of the EU

He reads a south eastern "add-on" –

1. this is a not an add-on, it is an FYI that attacks were prevented two years ago

2. there is no reason why the aff is key to this

European countries curtail information because of legal reasons – this info is bad because countries lie and exaggerate
Aydinli, 10 – (Ersel, Executive Director of the Turkish Fulbright Commission and Associate Professor in the Department of International Relations at Bilkent University  "Emerging Transnational (In)security Governance," http://www.politicalscience.uncc.edu/jwalsh/bilkent.pdf-http://www.politicalscience.uncc.edu/jwalsh/bilkent.pdf) 

. Countries in western Europe, North Africa, the Persian Gulf, and South
AND
the strongest incen¬tives to defect from agreements to share such intelligence.

That’s key to solve terror
Aydinli, 10 – (Ersel, Executive Director of the Turkish Fulbright Commission and Associate Professor in the Department of International Relations at Bilkent University  "Emerging Transnational (In)security Governance," http://www.politicalscience.uncc.edu/jwalsh/bilkent.pdf-http://www.politicalscience.uncc.edu/jwalsh/bilkent.pdf) 

Accurate intelligence allows the government to bring to bear its police, military, and
AND
example, accurately specifying the grievances that motivate terrorist groups and their supporters.

This is particularly true in the context of Germany
Lelewel, 9 – (Stefan, Graduate School of Arts and Sciences of Georgetown University, "INTERNATIONAL INTELL IGENCE COOPERATION I N COUNTER - TERRORISM - CAUSES, COMPLICATION S AND CONSEQUENCES," http://repository.library.georgetown.edu/bitstream/handle/10822/553538/lelewelStefan.pdf?sequence=1-http://repository.library.georgetown.edu/bitstream/handle/10822/553538/lelewelStefan.pdf?sequence=1) 

For instance, confessions made under torture in one country might not be valid in
AND
Homeland Security – U.S. and European Approaches , Center for Transatlantic

US and EU fight over intel over killings – they refuse to cshare info – reverse causal ev
McGill and Gray, 12 – (Anna, School of Graduate and Continuing Studies in Diplomacy
Norwich University, Summer, Global Security studies, Challenges to International Counterterrorism Intelligence
Sharing," http://globalsecuritystudies.com/McGill20Intel20Share.pdf-http://globalsecuritystudies.com/McGill Intel Share.pdf) 

Prior to a May 2002 summit, the US and EU were at a disagreement
AND
and the MLAT provided enhanced capability to gather and exchange information (Bensahel 49

Detention policies mean that Europe is forced to backdown
Aydinli, 10 – (Ersel, Executive Director of the Turkish Fulbright Commission and Associate Professor in the Department of International Relations at Bilkent University  "Emerging Transnational (In)security Governance," http://www.politicalscience.uncc.edu/jwalsh/bilkent.pdf-http://www.politicalscience.uncc.edu/jwalsh/bilkent.pdf) 

European governments do face pressure to defect from intelligence-sharing with the United States
AND
in countries in eastern Europe that have recently joined the European Union.20

Relations, p. 159

OV

Nuclear war

James A. Russell, Senior Lecturer, National Security Affairs, Naval Postgraduate School, ’9 (Spring) "Strategic Stability Reconsidered: Prospects for Escalation and Nuclear War in the Middle East" IFRI, Proliferation Papers, ~2326, http://www.ifri.org/downloads/PP26_Russell_2009.pdf 

Strategic stability in the region is thus undermined by various factors: (1)
AND
the peoples of the region, with substantial risk for the entire world. 

Power projection is irrelevant if we aren’t credible – It’s the only way to make deterrence work – They destroy our hegemony

Pulse Review 7-6-9 (founded by an Air Force Academy graduate with a MA in Unconventional Warfare from the American Military University Review, "Why We Are Called the Paper Tiger," http://pulsereview.com/?p=1111)
What we perceive is what we believe.  When other nations perceive that America will
AND
maintain our credibility.   It is better for everyone involved — especially us.  

Credibility is just as important as resources – Even if they improve military strength, they don’t solve the terminal impact.

Gerson, Anaylst – Strategic Initiatives Group, 9 (Michael, Research Analyst in the Strategic Initiatives Group at CAN, participated in the conceptual development and drafting of the Navy’s maritime strategy, member of the Nuclear Posture Review, lecturer at George Washing University 26 NYU, B.A. in History from University of Texas, M.A. in International Relations from the University of Chicago, "Conventional Deterrence In the Second Nuclear Age," Parameters, Autumn, http://www.carlisle.army.mil/usawc/Parameters/Articles/09autumn/gerson.pdf)
Credibility, according to Sir Lawrence Freedman, is the "magic ingredient" of
AND
willpower are likely to be as important for deterrence credibility as military capabilities. 

Uniqueness

Vote is NEXT WEEK

Chicago Tribune 9/11 http://www.chicagotribune.com/news/chi-obama-syria-20130911,0,5719759.story
U.S. lawmakers said the Senate could start voting as soon as next week on a resolution to authorize military force if efforts to find a diplomatic solution fail. Obama has struggled for support in Congress for the plan.

Vote NEXT WEEK credible threat of force is NECESSARY for diplomacy to solve

Chicago Tribune 9/11 http://www.chicagotribune.com/news/chi-obama-syria-20130911,0,5719759.story
Lawmakers said on Wednesday the Senate could start voting on a resolution to authorize the
AND
who is working with the group of eight other senators on the amendment.

Link

1. Restrictions on detention cost PC –

Plan hugely unpopular with Republicans.

Michael Crowley, May 24, 2013, Time, "Can Obama End the War on Terror?" http://swampland.time.com/2013/05/24/can-obama-end-the-war-on-terror/-http://swampland.time.com/2013/05/24/can-obama-end-the-war-on-terror/

But while Obama has an obviously sincere desire to bring the war against al Qaeda
AND
Republicans like it just fine, and would oppose efforts to limit its scope

It’s a partisan battle.

Howell, 7/25 ("GOP resists new attempt to shutter Guantanamo" The Washington Times. 7/25/2013. Web, Acc 8/15/2013. http://www.washingtontimes.com/news/2013/jul/25/gop-resists-new-attempt-to-shutter-guantanamo/?page=all~~23pagebreak
Congress-http://www.washingtontimes.com/topics/congress/ sent strong signals this week that President Obama’s 5-year-old vow
AND
. "It’s un-American and against our founding principle of justice."

Congress JUST VOTED to keep Gitmo open- plan is an epic reversal

Michael McAuliff, June 14, 2013, "Guantanamo Bay To Stay Open As House Blocks Bill To Close Infamous Prison," http://www.huffingtonpost.com/2013/06/14/guantanamo-bay-close_n_3438347.html-http://www.huffingtonpost.com/2013/06/14/guantanamo-bay-close_n_3438347.html
A worsening hunger strike and a fresh plea by President Barack Obama to close the
AND
Gitmo inmates of the 166 kept there have also been cleared for release.

That undermines the credibility of Syria strikes.

Gaskell, 6/14 – (Stephanie, "DOD brass has long urged caution on Syria,"
http://www.politico.com/story/2013/06/department-of-defense-syria-92829.html~~23ixzz2eCkK8lqN-http://www.politico.com/story/2013/06/department-of-defense-syria-92829.html) 

The White House’s plan to step up ... they will, faithfully."

Tournament: 2013babyjo | Round: 8 | Opponent: Oklahoma Langel-Wyde | Judge: Evans

1NC

1

Our interpretation is that the aff must defend an advocacy in the direction of the topic, which is an increase in statutory and/or judicial restrictions on the war powers authority of the President.

Increase means to make greater

Dictionary.com No Date Given http://dictionary.reference.com/browse/increase?s=ts-http://dictionary.reference.com/browse/increase?s=ts increase - Show IPA verb, in•creased, in•creas•ing, noun verb (used with object)
to make greater, as in number, size, strength, or quality; augment; add to: "to increase taxes."

Restriction on war power authority must be a limit that controls the president

Fisher, 97 – (Louis, Senior Specialist in Separation of Powers, Congressional Research Service, The Library of Congress, "Presidential Independence and the Power of the Purse," U.C. Davis J. Int’l L. 26 Pol’y 107, Lexis)
A legal analysis by Walter Dellinger, at that time Assistant Attorney General for the
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the President both the authority and the means to take such initiatives." n131

First is Limits – resolutional limits encourage aff innovation, predictive research on a designated topic, and clash—a precursor to productive education. The inherent value of arguments within limits is greater, which link turns education arguments

Second is Fair ground – the resolution is the only neutral site of stasis for controversy – changing this allows them to define the debate in ways that make it impossible for us to compete and really easy for them to win

Third is decision-making – only maintaining a limited topic of discussion and a clear stasis for both teams provides the necessary and requisite foundation for decision-making and advocacy skills – even if they are contestable, that is different from being valuably debatable

Steinberg 26 Freeley ’8 *Austin J. Freeley is a Boston based attorney who focuses on criminal, personal injury and civil rights law, AND David L. Steinberg , Lecturer of Communication Studies @ U Miami, Argumentation and Debate: Critical Thinking for Reasoned Decision Making pp45-
Debate is a means of settling differences, so there must be a difference of
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particular point of difference, which will be outlined in the following discussion.

Effective decision-making is the lynchpin to solve all social and political problems —- this is an impact to limits, role-playing and decision-making that turns case

Lundberg ’10 – (Christian Lundberg, Professor of Communications @ University of North Carolina, Chapel Hill, "Tradition of Debate in North Carolina" in Navigating Opportunity: Policy Debate in the 21st Century By Allan D. Louden, p311)
The second major problem with the critique that identifies a naivety in articulating debate and
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with the existential challenges to democracy ~in an~ increasingly complex world. 

Discussions of specific policy-questions is crucial for skills development – we control uniqueness: students already have dogmatic notions about the world – government policy discussions is vital to force engagement with competing perspective to improve social outcomes and break down pre-conceived barriers of what is right – this turns case

Esberg 26 Sagan 12 – *Jane Esberg is special assistant to the director at New York University’s Center on. International Cooperation. She was the winner of 2009 Firestone Medal, AND Scott Sagan is a professor of political science and director of Stanford’s Center for International Security and Cooperation "NEGOTIATING NONPROLIFERATION: Scholarship, Pedagogy, and Nuclear Weapons Policy," 2/17 The Nonproliferation Review, 19:1, 95-108
These government or quasi-government think tank simulations often provide very similar lessons for
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quickly; simulations teach students how to contextualize and act on information.14

Prefer our evidence because it is more specific to the debate context. Game spaces like debate are distinct from other forms of education and public speaking.  There has to be a balance of ground or else one side claims the moral high ground and creates a de facto monologue

Hanghoj ’8 2008 – PhD, assistant professor, School of Education, University of Aarhus, also affiliated with the Danish Research Centre on Education and Advanced Media Materials, located at the Institute of Literature, Media and Cultural Studies at the University of Southern Denmark (Thorkild, http://static.sdu.dk/mediafiles/Files/Information_til/Studerende_ved_SDU/Din_uddannelse/phd_hum/afhandlinger/2009/ThorkilHanghoej.pdf)
Debate games are often based on pre-designed scenarios that include descriptions of issues
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dialogue as an end in itself" (Wegerif, 2006: 61). 

If our interpretation is net-beneficial it means there’s no reason to vote affirmative. If the case is true then it de-justifies the resolution. Teams are still signified by ’AFF’ and ’NEG’, so the resolution is a required measurement for ’affirmation.’

2

There exists an intrinsic antagonism in debate – on one side, debate is always shaped by strategy, winning, and debate theory. The other side is the desire to influence a larger public. The aff’s desire to change the debate community by bridging the drone gap and speaking out refusing to be complicit like the rest of the public is always shaped by the norms of debate. Your aff will never be receptive to the larger public. We should view outside of the academy as more important than our debate spaces

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)
Giroux’s concluding words, in which scholars reclaim the promises of a truly global democratic
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outside the academy that there can be immediate, material, political consequences.

Our argument is particularly true to the 1AC – using debate for political purposes tradeoffs with producing tools useful for the public.

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 should be relevant to democratic practice?
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no less of an impediment to the production of democratically consequential rhetoric scholarship.

Alternative – Reject the affirmative because of their use of debate as a conception of political agency. We should keep competing elements of the antagonism in view to understand the limits of debate as political agency in itself

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)
In light of Žižek’s account of antagonism, one should not be surprised, however
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of what Žižek calls supplemental ideological fantasies or ready explanations for the gap. 

Our goal as rhetorical scholars should be the exploration and production of inventional resources suitable for the larger public, otherwise we get lost in TOO-EASY ASSURANCES that what we are doing here – in the debate space – is necessary and sufficient

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)
The challenge is to resist synthetically resolving these antagonisms, whether in confirming or disconfirming
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of practical wisdom in democratic publics without absolving scholars of responsibility to them.

The question of institutional support is key to expanding wider base for change and caring for other communities – radical exposures fail

Ruggero 9 E. Colin, The New School for Social Research in New York, Center for Energy and Environmental Policy, University of Delaware, Radical Green Populism: Climate Change, Social Change and the Power of Everyday Practices, 11-11, http://theanarchistlibrary.org/library/e-colin-ruggero-radical-green-populism-climate-change-social-change-and-the-power-of-everyday-p
Radicals must carefully deliberate the development of alternative social institutions and intellectual resources for subversion
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broadening the cultural-social unity of a wide social base for change.

Case

PEOPLE LIKE BILL MAHER AND NOAM CHOMSKY GET SO CAUGHT UP IN EXPOSING THE GOVERNMENT’S HYPOCRISY THAT THEY DON’T CONCERN THEMSELVES WITH RELATIONS BETWEEN PEOPLE.

ISAAC 2, New School for Social Research, (Jeffrey C., Social Research, Summer, p. EXAC)
More to the point, when such exposure becomes itself a political project, and
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in the name of humanitarian relief, are not creatures of American propaganda.

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.

The media is too bought off for your aff to solve

Branfman 13  Fred, Alternet, My Experiences up Close with the People Who Bombed a 700-Year-Old Civilization into Dust, 7-18
As I wrote at the time, "It is not difficult to understand why
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camaraderie and talk of ’friendship.’ it is a deadly serious business."

Public criticism doesn’t deter future presidents – the history of Watergate to Iran-Contra, and then to the war on terror – proves that the public forgets

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 26 Policy, 5 J. Nat’l Security L. 26 Pol’y 507

In his review of legal advice offered by recent administrations, former law dean and
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case, but the sting does not seem to last very long." 31 

Secrecy prevents your aff from solving – the executive can deny future information to shut the public out

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

In summary, attention to the "social-scientific microfoundations" of the proposed
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not clear popularity can do the work assigned it by The Executive Unbound.

Polarization of political parties dilutes the ability of exposing executive abuses – the public will just assume that the exposure is an unfair reflection of political ideology

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

First, the capacity of our political system to generate meaningful checks on the national
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politics that drives changes to the scope of executive power in coming decades.

The aff is only a symbolic protest – its too easy to contain

CELIKATES 26 JANSEN1 12  Robin Celikates teaches polit­ical and social philosophy at the University of Amsterdam. He is the vice-director of ASCA and a co-editor of Krisis. Yolande Jansen is a Researcher at the Amsterdam Center for Globalization Stud­ies (ACGS) of the University of Amsterdam. Krisis, RECLAIMING DEMOCRACY. AN INTERVIEW WITH WENDY BROWN ON OCCUPY, SOVEREIGNTY, AND SECULARISM, Issue 3, www.krisis.eu

Krisis: One challenge seems to be institutionalization without reproducing the problems of formal forms
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hand symbolic protests also seem to run into real problems concerning their effectivity.

National security is too flexible

Taylor 26 Hendry 8, Pf of Communication at Colorado-Boulder, Comm 26 Journalism at New Mexico, (Bryan C., Judith, RHETORIC AND PUBLIC AFFAIRS, Volume 11, Number 2, Summer)

In response, rhetorical critics have sought to challenge the unwarranted exclusion of cultural and
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to changes that arise in cultural consciousness in response to shifting political conditions.

The refusal to participate in the state cedes too much power to neoliberalism

Connolly 12 William E. Krieger-Eisenhower Professor at Johns Hopkins University where he teaches political theory. Political Philosophy  Theory 26 Event  Volume 15, Issue 1,
The democratic state, while it certainly cannot alone tame capital or reconstitute the ethos
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build upon the latter developments as it works to reduce the former pressures.

The ESSENTIALIZATION OF THE GOVERNMENT gets it wrong.  It pre-decides what all governments can do and it becomes a way to ignore radical shifts in governing

Triantafillou 2K, Dept of Intercultural Communication 26 Management @ Copenhagen,
(Peter, Work and subjectivity – A review of psychological, sociological and
post-structuralist approaches, IKL Working Paper, no 39, Feb)
From this perspective, government may change its forms but it essentially remains the same
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government – may be more adequately understood as designating a historically specific phenomenon.

The belief that the government can only do wrong only feeds the privatization of social life

Eisenstein ’98, Professor and Chair of Politics at Ithaca College, (Zillah R., Global Obscenities: Patriarchy, Capitalism, and the Lure of Cyberfantasy, http://search.barnesandnoble.com/booksearch/isbninquiry.asp?ean=978081472205326displayonly=CHP)
A full democratization of public life means envisioning the needs of all people—especially
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assuming that all government, not just bad government, is the problem.

INJURY DOESN’T DETERMINE IDENTITY – INJURY CLAIMS ARE CRITICAL TO CHALLENGING OPPRESSION

Zivi 5, U of Southern California, Karen, Politics 26 Gender, September, Issue 1, Vol 3

By stressing her Jewishness, Arendt engages in a form of action that is meant
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means perfectly emancipatory, step in challenging relations of oppression and domination.16

TURN – THE FEAR OF RESENTIMENT IS RESENTIMENT

ROJAS 6       (Carlos, The Naked Gaze, 7/21, http://www.nakedgaze.com/2006/07/twilight_of_the.html)

However, Brown’s reliance on a theory of ressentiment  to make this critique introduces a
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Nietzsche’s model does, nevertheless, underscore an important tension within Brown’s writing. 

RESISTANCE IS NOT FAILING – the SQ is solving better before you read your aff

Maani 12   TruthDig, 5-11, http://www.truthdig.com/arts_culture/item/zombie_politics_dangerous_authoritarianism_or_shrinking_democracy_-_part_ii/P100/

I am not opposed to "action," nor am I attempting to "diffuse
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somehow "add up" to fascism. They do not. Peace.

Power is never total.  We don’t need your aff.  Voting neg is a way to affirm the radical contestation of the SQ. Our argument is a better understanding of power relations by focusing on resistance

Lipschutz, Professor of Politics at the University of California at Santa Cruz, 05
(Ronnie D, Millennium: Journal of International Studies, Vol.33, No.3, pp. 747-769)

On the one hand, power ’produces’ the subject, but the subject that
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no relationship of power without the means of escape or possible flight’.67 

Just because a discourse is dominant or the official party line of the state doesn’t mean that it will be effective.  Even if a discourse is hegemonic it still produces resistances that create new leaders who articulate the repressed

Schwalbe 2k
(Michael Schwalbe et al, "Gender processes in the reproduction of inequality: an interactionist analysis," Social Forces, Vol 79, No 2, JSTOR)

Cohns (1987) study of the "technostrategic" language of defense intellectuals provides
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hegemonic discourses may thus carry within them the seeds of their own destruction. 

Baudrillard’s critique is non-falsifiable

Marsh 95 – Philosophy Professor, Fordham (James, Critique, Action, and Liberation, p 292-3)

In such a postmodernist account is a reduction of everything to image or symbol that
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the larger, enveloping reality of Southern California and the United States.5

Baudrillard is the worst example of ivory tower academia—instead of dealing with real problems on the ground, he retreats into his safe western university and makes statements which echo colonialism and authorize genocide by cloaking war in philosophical terms.  Technology makes war MORE real, not less—the correct course is ACTION to abate the CONSEQUENCES OF WAR.  Star this card, because it lights their kritik on fire.

BALSAS, 2006 ~BALSAS is an interdisciplinary journal on media culture.  Interview with Art Group BBM, "on first cyborgs, aliens and other sides of new technologies," translated from lithiuanian http://www.balsas.cc/modules.php?name=News26file=print26sid=151-http://www.balsas.cc/modules.php?name=News26file=print26sid=151~~

Valentinas: We all know that Jean Baudrillard did not believe that the Gulf War
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between multiple time-lines, ideologies and technologies in a single place?
Lars: Actually, it has always been the same: new wars have been better test-beds for the state of art technologies and the latest computer-controlled firearms. The World War I already was a fully mechanized war where pre-robots were fighting each other and gassing the troops. And afterwards, the winners shape the new world order.
Olaf: Who on hell is Baudrillard? The one who earns money by publishing his prognoses after the things happen? What a fuck, French philosophy deals too much with luxury problems and elegantly ignores the problem itself. It’s no wonder, this is the colonizer’s mentality, you can hear it roaring in their words: they use phrases made to camouflage genocide.
I went to see that Virilio’s exhibition "Ce qui arrive" at Foundation Cartier
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, turned into gold in the holy cellars of the modern alchemists’ museums.
The artist-made video "documents" of the Manhattan towers opposed to Iraqian
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been made to make killing easier. And to produce martyrs as well.
Janneke: Compare Baudrillard with Henry Dunant, the founder of the International Committee of
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they are as well fighting with the same energy on the diplomatic battlefield.

We do, in fact, know the difference between simulation and reality—the media plays a healthy role in the public sphere.

March, 95 James Marsh, Professor of Philosophy, Fordham University, 95, Critique, Action, and Liberation, pp. 292-293

Such an account, however, is as one-sided or perhaps even more
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, and on media such as movies, television, and radio.7

2NC

2NC Limits

4. Studies prove—depth is better than breadth.

Arrington 09 (Rebecca, UVA Today, "Study Finds That Students Benefit From Depth, Rather Than Breadth, in High School Science Courses" March 4)
A recent study reports that high school students who study fewer science topics, but
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twice as much as those in courses that touched on every major topic.

5. Small schools—small topics minimize resource disparities. A narrow research base allows a more level playing field.

2NC Decision Making

But more importantly, the type of decision-making, critical thinking, info processing and research skills that we inculcate creates actively engaged citizenry that can resolve a number of existential risks that are unfolding in the status quo —- things like environmental destruction, climate change and international security exist which citizenry provides the best solution to —- prioritize these because they are existential and come first

Bostrum 12 (Nick, Professor of Philosophy at Oxford, directs Oxford’s Future of Humanity Institute and winner of the Gannon Award, Interview with Ross Andersen, correspondent at The Atlantic, 3/6, "We’re Underestimating the Risk of Human Extinction", http://www.theatlantic.com/technology/archive/2012/03/were-underestimating-the-risk-of-human-extinction/253821/-http://www.theatlantic.com/technology/archive/2012/03/were-underestimating-the-risk-of-human-extinction/253821/)
Bostrom, who directs Oxford’s Future of Humanity Institute, has argued over the course
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eliminating poverty or curing malaria, which would be tremendous under ordinary standards.
A2 Language Bad

No impact – even if words mean different things, our interpretation can enact a précising function that creates communicative consensus

Kemerling ’97 Garth Kemerling, professor of philosophy at Newberry College, 1997 http://www.philosophypages.com/lg/e05.htm-http://www.philosophypages.com/lg/e05.htm
We’ve seen that sloppy or misleading use of ordinary language can seriously limit our ability
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the change, it has offered a (possibly useful) precising definition.

Even if there is no absolute truth, consensus can create common understanding

Ferguson ’2 Yale Ferguson, professor of IR at Rutgers, and Richard Mansbach, professor of IR at Iowa State 2002 "International Relations and the "Third Debate," ed. Jarvis)
Although there may be no such thing as "absolute truth" (Hollis, 1994:240-247; Fernandez-Armesto, 1997:chap.6), there is often a sufficient amount of intersubjective consensus to make for a useful conversation.  That conversation may not lead to proofs that satisfy the philosophical nit-pickers, but it can be educational and illuminating.  We gain a degree of apparently useful
A2 Resolution Bad

The rez is the most educational and predictable way to focus the debate

Zwarensteyn ’12 2012 Ellen C., Masters Candidate in Communications at Grand Valley State University, High School Policy Debate as an Enduring Pathway to Political Education: Evaluating Possibilities for Political Learning, Masters Theses. Paper 35, http://scholarworks.gvsu.edu/theses/35
Galloway (2007) also advances an argument concerning the privileging of the resolution as
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adaptive research once various topics have surfaced through practice or at debate tournaments.
Solvency

If we win a link, they are net worse: The absolute negation of the state is a form of falling asleep

Falk 11  Richard, American professor emeritus of international law at Princeton University, Is The State a Monster? Pro and Contra Nietzsche , June, http://richardfalk.wordpress.com/2011/06/
We need protection to live moderate and satisfying lives, to avoid crippling feuds.
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, the state is not a monster, but a work in progress.   

1NR

Epistemology

Focusing on epistemology selfishly ignores real world problems

Jarvis 0 Prof Philosophy @ U South Carolina Darryl, Studies in International Relations, "International Relations and the Challenge of Postmodernism", pg. 2
While Hoffmann might well be correct, these days one can neither begin nor conclude
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," where novelty has itself become "an appropriate form of scholarship."5
Turns Aff

There’s also a form of dismissiveness to just "reading" these arguments in debate for "exposure" – it’s a cheap substitute that creates an unstable compromises – prevents effective reflection and reaction

Welsh 13, Scott, Department of Communication Appalachian State University, "Giving Way on One’s Desire: Response to Fuller," Philosophy and Rhetoric, Volume 46, Number 1, pp. 114-121 February 2013 http://muse.jhu.edu/login?auth=026type=summary26url=/journals/philosophy_and_rhetoric/v046/46.1.welsh.html
Might we say that academics work amid a broader competition to enact particular policies,
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it is neither one nor the other, it also cannot be both.

Voting for the AFF because what we say in this room makes the process of influencing the larger public more difficult. Every time they say "WHAT WE SAY HERE IS MORE IMPORTANT" or describe their arg in terms of ETHICS — they are denigrating the outside debate space and they can never mobilize a larger public to oppose government killing.  Focusing on yourself makes reinventing democracy impossible

Brown 12  Wendy Brown is a Professor of Political Science at the University of California
in Berkeley. Krisis, RECLAIMING DEMOCRACY. AN INTERVIEW WITH WENDY BROWN ON OCCUPY, SOVEREIGNTY, AND SECULARISM, Issue 3, www.krisis.eu
I don’t think it is possible to think democracy from a Foucauldian perspective for several
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is that it has derailed left democratic thinking into a preoccupation with ethics.
2NC Alternative

Judge this debate by its effects – rhetorical criticism does nothing if we don’t pay attention to how it’s appropriated – our responsibility should be to provide argument that others can use

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)
It is also tempting to conclude that one could still essentially engage in activist rhetorical
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better informed, better reasoned, better debated.  That is our politics.  
A2 Speak Evil 

A. EMPIRICALLY THE GOVERNMENT WILL CO-OPT YOUR DISCOURSE TO JUSTIFY FURTHER MILITARIZATION

Gusterson, Pf in the Program on Science, Technology, and Society @ MIT, 01
(Hugh, Bulletin of the Atomic Scientists 65, November/December)
WEAPONS SYSTEMS, TREATIES, and strategies come to seem right (or wrong)
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leaders of "rogue states" personally at risk in their underground bunkers.