1NC- Biopower narrative counter advocacy critical constructionism 2NR- BP
West Point
4
Opponent: Liberty AB | Judge:
1NC Prez Powers DA NMS CP T-Rest CMR DA Terror DA
2NR NMS CMR
West Point
2
Opponent: GMU BW | Judge:
1NC Deference T-Rest NMS CP CMR DA Dip Cap DA Prez Powers DA Test Case procedural 2NR NMS CMR
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Cites
Entry
Date
1 NC vs Wake CL
Tournament: UGA | Round: 1 | Opponent: Wake Forest Cronin-Lopez | Judge: Turnage
FW
A) INTERPRETATION
"USFG" followed by "should" means the debate is about the desirability of enacting a government policy
Ericson 3 – Jon, Dean of the College of Liberal Arts – California Polytechnic U ~The Debater’s Guide, Third Edition, p. 4~cn In policy propositions, each topic contains certain key elements, although they have slightly AND compelling reasons for an audience to perform the future action that you propose.
War power relates ONLY to declared wars
Black’s Law Dictionary 99 ~7th Edition, p. 1578 – 1579~ "War Power" is defined as "the constitutional authority of Congress to declare war and maintain armed forces (U.S. Const. art. I, § 8, cls. 11-14), and of the President to conduct war as commander-in-chief (U.S. Const. art. II, § 2, cl. 1)."
"Resolved" means a yes/no question about policy adoption – the debate context is key
Parcher 1 – Jeff, J.D., Director for Communications at the Center for Community Change ~Feb 26, "Is the Resolution a Question?" Online~ (1) Pardon me if I turn to a source besides Bill. American AND or ’no’ - which. of course. are answers to a question.
THUS, given a policy resolution, the role of the ballot is to answer a single yes/no question: Would the USFG implementing a ~substantial increase in its democracy assistance~ be more desirable than the status quo or a competitive alternative?
B) VIOLATION
The affirmative does not defend the USFG literally and immediately enacting such a policy. Instead, they ask you to ~resolve some other question with the ballot~.
C) PREFER OUR INTERPRETATION
1) Predictable Limits – they justify shifting the topic of debate to an infinite number of other questions, which rigs the game for the aff because we can’t adequately research and prepare against them.
And, the topic must be presupposed for meaningful debate to occur
Ehninger 70 – Douglas, Professor of Speech at U-Iowa ~Jun, Speech Monographs, p. 108~cn If two friends differ on whether they will gain greater satisfaction from dining at Restaurant AND need to assume and agree upon as a necessary condition of argumentative interchange.
2) Reciprocal Ground – other frameworks are self-serving, because they divide ground on some non-resolutional basis – this hamstrings the neg since the aff could always just defend some one-sided issue like "Racism is bad."
And, it’s easy to point out problems – the real ground for debate is over the implementation of imperfect policy solutions
Rosenthal 9 – Alan, professor of public policy and political science at Rutgers University ~Jul, http://www.ncsl.org/documents/public/trust/LessonPlans_HS.pdf~~cn The environment is a rough one, but a most important obstacle democracy faces is AND many of the states attests to the division in the ranks of Americans.
3) Topic Education – our interpretation best facilitates IN-DEPTH discussions about the important, timely policy questions raised by the resolution – topic education outweighs because we have the same stale critical theory debates every year; the topic is the only thing that changes.
And, in-depth learning about government policymaking is key to creating public intellectuals who can check dangerous elites and solve societal problems
McClean 1 – David, Ph.D., Lecturer in Philosophy, Molloy College, New York and Rutgers University ~"The Cultural Left and the Limits of Social Hope," www.american-philosophy.org/archives/past_conference_programs/pc2001/Discussion20papers/david_mcclean.htm-http://www.american-philosophy.org/archives/past_conference_programs/pc2001/Discussion papers/david_mcclean.htm~cn Yet for some reason, at least partially explicated in Richard Rorty’s Achieving Our Country AND critics with their snobish disrespect for the so-called "managerial class."
D) THIS IS A VOTING ISSUE – our standards prove in-round and pre-round abuse, and your ballot helps create community norms that promote fair and educational debate
Donohue K
Material reality is more important than the critique. Given that we have no real intention of implementing the alternative beyond the empty gesture of the ballot, the criticism turns itself by giving us false distance from the existing order—placing us more firmly within it.
Developing this idea in specifically Marxist terms, Žižek emphasizes the point that commodity fetishism AND certainty of its suggestion of direct action in pursuit of clearly understood interests.
Ideological transgression is a continuation of the existing order—the power of the protest structurally depends upon the continued authority of what the system. The critique functions as a carnivalesque reversal of authority—
Žižek, 95 ((Philosopher and Psychoanalyst, Institute for Social Sciences, University of Ljubljana LAW AND THE POSTMODERN MIND: SUPEREGO BY DEFAULT, Cardozo Law Review, 1995, 16 Cardozo L. Rev. 925).
In the traditional patriarchal society, the inherent transgression of the law assumes the form AND the cynic the clearest example of one obsessed precisely with the national thing?
Protest within the academy support dominant ideologies because they are co-opted as self-congratulatory proof of the liberal tolerance of the existing order. The co-optation of safe protest also legitimates the violent elimination of more threatening protest.
If protest culture represents the expression of intellectual and political liberty in contemporary neo- AND — translate into concrete political practices that transcend their negation by the market.
Hence we present our alternative: reject the affirmative call to action on the grounds that it plays into the power of the structures they claim to critique.
By demonstrating that the affirmative has libidinal attachments to the very structures of domination that they critique, we turn and outweigh the affirmative:
1) Our critique is a pre-requisite to their project. We do not reject the affirmative’s goals but prove that they make solvency impossible. Truly authentic political acts are those that change the very Symbolic coordinates of the dominant ideology. Such acts are impossible in a world where the Symbolic Order is left intact.
The volume of critique literature and discussion demonstrates that there is no shortage of protest. The problem is that we confuse repetition of our message with political action. No matter how benign and "revolutionary" the rhetoric of a new humanity plays into the hands of existing political structures because it replaces an empty gesture for real political action.
Nayar, 99 (Jayan, (School of Law, University of Warwick) Transnational Law 26 Contemporary Problems, Fall, 9 Transnat’l L. 26 Contemp. Probs. 599).
The description of the continuities of violence in Section II in many ways is familiar AND and implicate our familiarities in ways that defy the simplicities of straightforward immutability. Continues... of the "other"—of cultures, languages, social systems, beliefs, AND the ordered "world," itself, impliedly, a component part of the ordered, order(ing), globalized world. The mutuality of "professional" AND ) voice, little is changed in the order-ing of worlds.
Heg K
The 1AC’s critique of American power and the War on Terror is dangerous whining. Embracing is a recipe for decreasing hegemony
Kagan 1998 – PhD, graduate of Harvard’s Kennedy School of Government, adjunct history professor at Georgetown, senior associate at the Carnegie Endowment for International Peace (Robert, Foreign Policy, "The benevolent empire")
Those contributing to the growing chorus of antihegemony and multipolarity may know they are playing AND when they pop the champagne corks in celebration of the next American humbling.
Vote them down because their speech-act jeopardizes the lives of our soldiers. Complaining undermines vital resolve which is key to winning
Finally, I am angry at those who undermine our efforts to conduct this war AND our public leaders. What they do for political gain is completely unconscionable.
Hegemony is key to prevent extinction and reduce structural violence
Even if hegemony is unjust and violent—the alternative is an apolar nightmare that causes extinction
Ferguson 2004 (Niall Ferguson, Professor, History, School of Business, New York University and Senior Fellow, Hoover Institution, Stanford University, September-October, "A World Without Power" – Foreign Policy, http://www.hoover.org/publications/digest/3009996.html)
So what is left? Waning empires. Religious revivals. Incipient anarchy. A AND powers would benefit from such a not-so-new world disorder.
Alternative: reject the affirmative as a signal of commitment to imperial resolve. We need to actively support hegemony because our academic discourse matters
Mearsheimer 1995 Professor of Political Science and the co-director of the Program on International Security Policy at the University of Chicago. West Point graduate, retired Air Force officer (John, Professor Political Science at the University of Chicago, International Security, Summer, p. 93)
The discussion of institutions up to now has a distinct academic flavor. However, AND -causing effects of institutions until they have solid evidence to support their positions
Case
Their argument puts the cart before the horse—in order to pursue social justice, we must first ensure the absence of conflict.
Goldstein 1 – Joshua S., Professor of International Relations at American University ~"Reflections: The Mutuality of Gender and War," War and Gender, Published by Cambridge University Press, ISBN 0521001803, p. 411 – 412~ First, peace activists face a dilemma in thinking about causes of war and working AND injustice as the main cause of war seems to be empirically inadequate. 10
The aff doesn’t spillover. Their vision is so radical that it would get shot down and reversed
Ferguson 2009 (Niall, American Interest, http://www.the-american-interest.com/ai2/article.cfm?Id=33526MId=16) So much for the American predicament. What of Posen’s alternative grand strategy based on AND to restart mainstream debate on American grand strategy, that is pretty rich.
If they win their impact is true, it’s non-unique and aff fails
The Effects of Technology-Driven Warfare on Politics and Social Movements¶ The practical AND not conducive to the formation of a substantial check on presidential action.134
Consequentialism is key to ethical policymaking
Isaac 2 – Jeffrey, Professor of Political Science at Indiana University ~Spring, Dissent, vol. 49, no. 2~cn Power is not a dirty word or an unfortunate feature of the world. It AND not true believers. It promotes arrogance. And it undermines political effectiveness.
War is decreasing in frequency and magnitude
Marshall 26 Cole 8 – Research Prof. Public Policy and Dir. Research Center for Global Policy at George Mason ~Foreign Policy Bulletin: The Documentary Record of United States Foreign Policy, "Global Report on Conflict, Governance and State Fragility 2008", doi:10.1017/S1052703608000014~cn The global trend in major armed conflict has continued its dramatic decline in the globalization era both in numbers of states affected by major armed conflicts and in general magnitude (Figure 3). According to our calculations, the general magnitude of global warfare has decreased by over sixty percent since peaking in the mid-1980s, falling by the end of 2007 to its lowest level since 1960.
No chance non-violence advocacy works
Orrend 6—Brian, Prof @ Waterloo "The Morality of War", Broadview Press, Google Books, p. 263 Summary¶ The goal of this chapter was to discuss and evaluate the pacifist alternative AND prospects, in our rough- and-tumble world, seem promising.
There are no prior questions – empirical validity is enough basis for action – their approach is inaccurate and undermines real problem-solving
Owen 2 – David, Political Theorist at the University of Southampton ~Jul, "Re-orienting International Relations: On Pragmatism, Pluralism and Practical Reasoning," Millennium - Journal of International Studies; 31; 653~cn Commenting on the ’philosophical turn’ in IR, Weaver remarks that ’~a~ AND into the promotion of the pursuit of generality over that of empirical validity.
No root cause – the world is too complex; consensus of experts agree
Cashman 2k – Greg, Professor of Political Science at Salisbury State University ~"What Causes war?: An introduction to theories of international conflict" pg. 9~cn Two warnings need to be issued at this point. First, while we have AND , but also a certain element of randomness or chance in their occurrence.
Political constraints fail – weak media, governmental secrecy and the existence of a wide array of war powers abuses
Posner is comfortable with the only restraint on executive power being the somewhat amorphous consent AND Americans (possibly excluding University of Chicago law professors) has fallen sharply.
The law can help people —- reformism is empirically more successful than revolutionary withdrawal.
Kazin, Professor of History at Georgetown University, ’11 ~Michael, Has the US Left Made a Difference, Dissent Spring p. 52-54~ But when political radicals made a big difference, they generally did so as decidedly AND …are too much to live up to and too much to escape."
Text – The Chair of the Joint Chiefs of Staff of the United States should issue a national military strategy, and corresponding strategic concept focused on implementation, that banning signature strikes is necessary to achieve that national security goals of the United States. We’ll clarify.
Competes – the CP doesn’t mandate the plan. It issues a recommendation that results in policy change.
Solves – NMS is a keystone document that shapes military policy – it integrates consultation between Congress and the DOD, building broad support for the plan
Meinhart 8 (Dr. Richard M., Professor of Defense and Joint Processes at the U.S. Army War College, "National Military Strategies: 1990 to 2007", National Security Policy and Strategy, Ed. Bartholomees, June, http://www.dtic.mil/cgi-bin/GetTR Doc?AD=ADA48268826Location=U226doc=GetTRDoc.pdf)
CONCLUSION The National Military Strategy is the keystone document of an overarching strategic planning system AND important in today’s volatile, uncertain, complex and ambiguous global security environment.
NMS can effectively cause shapes operational planning, resource allocation, and future defense planning
Should not the National Military Strategy provide this "strategic pull’? Is the Joint AND planning, and programming for the military 20 years from now begins today.
Ptx
Compromise will occur on the debt ceiling now, but Obama’s PC is key
Congress will resist the plan – they don’t want additional accountability
Lowry 11 – editor, National Review ~Rich, National Review Online, June 7, 2011, http://www.nationalreview.com/articles/268973/obama-kills-war-powers-act-rich-lowry~~gw The War Powers Act is an excrescence on the American constitutional order that deserves to AND branches over Libya has been an instance of the cowardly fighting the disingenuous.
Failure to pass the debt ceiling collapses the US economy
CMR is high now – all of Obama’s decisions occur within a consultative framework
Shane 12 – Leo Shane III, as worked at Stars and Stripes since 2004, covering Capitol Hill and the White House. His beats include legislation affecting military policy and veterans issues. His work also includes overseas coverage of military operations in Afghanistan, Iraq, Chile and Ecuador. In 2010, Shane was part of a team of reporters who received a Polk Award and a National Headliner Award for stories that revealed the military’s practice of profiling journalists in Afghanistan in an attempt to steer coverage of the war. ~10/15, http://www.stripes.com/where-they-stand-obama-on-foreign-policy-military-and-vets-issues-1.193169~~gw That’s why President Obama, in consultation with our military and civilian leadership, made AND that it maintains the United States as the strongest military in the world.
Changes to war powers cause massive backlash to the military
Patterson 9 – Rebecca, Dissertation for Poli Sci PhD from George Washington University 8/31, "The U.S. Army and Nation-Building: Explaining Divergence in Effective Military Innovation," Civil-military relations have rarely been used as an explanatory variable for military effectiveness AND turn undermines effectiveness.1167 Indeed, this study’s findings support these assertions.
Lack of U.S. primacy ensures systemic and catastrophic nuclear wars
White 8 – Hugh, Professor of Strategic Studies at Australian National University ~’Why War in Asia Remains Thinkable’, Survival, 50:6, 85-104~cn Finally, the fourth model is the balance-of-power system that shaped AND way, an order is emerging in which major war is more likely.
DA
Presidential power is high now
Douglas 12 – William, Boston Herald ~6/24/12, Boston Herald, "Obama asserts presidential powers he once spoke out against," http://www.bostonherald.com/news/-http://www.bostonherald.com/news/ us_politics/view/20120624obama_asserts_presidential_powers_he_once_spoke_out_against/~ President Barack Obama is starting to channel his inner Cheney. For years, Obama AND "The Cult of the Presidency: America’s Dangerous Devotion to Executive Power."
Congressional restrictions undermine the credibility of presidential threats
Sidak 91 – J. Gregory, Law Professor, Stanford University ~September, TO DECLARE WAR,41 Duke L.J. 27, Lexis~gw Ely is correct that nobody wants a constitutional dictatorship. But he is wrong to AND were likely to take more than thirty, sixty, or ninety days.
Presidential weakness emboldens adversaries – that triggers multiple scenarios for conflict
South China Morning Post 2k ~"Position of Weakness" 12-11-00, p. L/N~ A weak president with an unclear mandate is bad news for the rest of the AND the world needs the United States to use its power deftly and decisively.
Conflict over Taiwan causes nuclear war
Glaser 11 – Charles, George Washington University Political Science Professor ~"Will China’s Rise Lead to War? ", Foreign Affairs, Mar/April 2011, Vol. 90, Issue 2, EBSCO~gw THE PROSPECTS for avoiding intense military competition and war may be good, but growth AND military efforts and a general poisoning of U.S.-Chinese relations.
T
A1. Signature Strikes are Not Targeted Killing
Amos Guiora 2010 (Professor of Law, the University of Utah; THE QUEST FOR INDIVIDUAL ADJUDICATION AND ACCOUNTABILITY: ARE INTERNATIONAL TRIBUNALS THE RIGHT RESPONSE TO TERRORISM?, Emory International Law Review, 24 Emory Int’l L. Rev. 497joe) While the former is intrinsic to the criminal law process, the latter is more AND that the target be involved in an attack that significantly endangers state security.
A2. War power relates ONLY to declared wars
Black’s Law Dictionary, 1999 (7th Edition, p. 1578-9) "War Power" is defined as "the constitutional authority of Congress to declare war and maintain armed forces (U.S. Const. art. I, § 8, cls. 11-14), and of the President to conduct war as commander-in-chief (U.S. Const. art. II, § 2, cl. 1)."
B.Violation: Plans deals only with signature strikes, which are not targeted killing and not under the definition of a war power.
C. Superior interpretation
1. This is the best definition. It is the most accurate definition because it is a legal source drawing directly from the relevant constitutional articles. Accuracy is important for both fairness and topic education.
2. Allowing powers related to any military action merely authorized by congress completely un-limits the topic. Almost everything the President has done in the last 10 years becomes fair game. That is an impossible burden for the negative.
3. Discussion of drone strikes as opposed to targeted killing infinitely explodes the topic to include all actions taken abroad.
D. Topicality is a voting issue because it is a jurisdictional question necessary to preserve fairness and topic education
K
The 1AC paints a picture of nuclear war analogous to the exaggerations of aerial bombardment and poison gas in World War I and II. They are lying to you; a nuclear war would not even come close to ending the world
I patiently reply to these correspondents that nuclear war would not be the end of AND winter hypothesis can now be relegated to a vanishingly low level of probability."
The exaggerations weapons systems and downplaying defense measures has throughout history been used to justify political action in order to make the pacifist case invincible
This is a very important point, because it underlines the problem that once the AND thugs from attacking you, and that protection efforts are hopeless anyway.
The threat of apocalypse can’t be taken at face value—it’s politically manipulated to centralize power, which paradoxically causes the scenarios they try to prevent
Coviello, 2000 (PhD From Cornell, Queer Frontiers, p. 40-41).
Perhaps. But to claim that American culture is at present decisively postnuclear is not AND or otherwise, seems a civic initiative that can scarcely be done without.
The alternative is to reject the aff. We must accept the fact nuclear war does not cause extinction and refuse to justify political plans based on this propaganda
Accepting the facts will lead to an increased public awareness, stopping the spread of propagandist lies and creating civil defense
Cook 11 (Nigel B. PhD Computer Programming, BA Physics, "Classified Government weapons and war exaggeration secrets: the problem" http://glasstone.blogspot.com/ 1/18/11)
In order to learn from this mistake, we need to first accept the facts AND be their choice. The Government should at least make the choice available.
Assumptions are a prior issue.
Crawford 2002 Neta,PhD MA MIT, BA Brown, Prof. of poli sci at boston univ. Argument and Change in World Politics, p. 19-21 Coherent arguments are unlikely to take place unless and until actors, at least on AND entrepreneurs without serious political wrangling." Hence framing is a meta-argument.
Pakistan
Robock’s an idiot, Indo-Pak war won’t cause nuclear winter
LFTR 10 (Lifeboat Foundation Technology Research Think Tank, "dedicated to encouraging scientific advancements while helping humanity survive existential risks" Brian Wang MBA, "Nuclear Winter and Fire and Reducing Fire Risks to Cities" http://nextbigfuture.com/2010/04/nuclear-winter-and-fire-and-reducing.html 4/17/10)
I looked at nuclear winter and city firestorms a few months ago I will summarize AND released in an emergency to more effectively fight any large area of fire.
Signature strikes in Pakistan have been stopped public pressure and concession to Pakistani military
GANNON 13 ~KATHY GANNON and SEBASTIAN ABBOT, Criticism alters US drone program in Pakistan, Associated Press, July 25, 2013joe~ The United States has drastically scaled back the number of drone attacks against militants in AND condition of anonymity because they were not authorized to talk to the media.
Signature strikes have been stopped
The Frontier Post 13 (America reduces drone strikes in Pakistan, July 29, 2013joe) ISLAMABAD: The United States has drastically scaled back the number of drone attacks against AND the country and the final arbiter on the future of the drone programme.
CIA stopped signature strikes
Pakistan News 26 Views 13 ~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.
Abbas 13 (Hassan Abbas, Asia Society Senior Advisor and professor at the College of International Security Affairs and National Defense University, 3/31/2013, The Atlantic, "Are Drone Strikes Killing Terrorists or Creating Them?" http://www.theatlantic.com/international/archive/2013/03/are-drone-strikes-killing-terrorists-or-creating-them/274499/) In my assessment, the ground realities that must be kept in mind in this AND Pakistani security forces couldn’t — however, this is seldom expressed in public.
Terrorists can’t obtain or use nukes
Chapman 8 – Steven, columnist and editorial writer for the Chicago Tribune ~2/8, http://reason.com/news/show/124874.html~~cn Ever since Sept. 11, 2001, Americans have had to live with the knowledge that the next time the terrorists strike, it could be not with airplanes capable of killing thousands but atomic bombs capable of killing hundreds of thousands. The prospect has created a sense of profound vulnerability. It has shaped our view of government policies aimed at combating terrorism (filtered through Jack Bauer). It helped mobilize support for the Iraq war. Why are we worried? Bomb designs can be found on the Internet. Fissile material may be smuggled out of Russia. Iran, a longtime sponsor of terrorist groups, is trying to acquire nuclear weapons. A layperson may figure it’s only a matter of time before the unimaginable comes to pass. Harvard’s Graham Allison, in his book Nuclear Terrorism: The Ultimate Preventable Catastrophe, concludes, "On the current course, nuclear terrorism is inevitable." But remember: After Sept. 11, 2001, we all thought more attacks were a certainty. Yet Al Qaeda and its ideological kin have proved unable to mount a second strike. Given their inability to do something simple—say, shoot up a shopping mall or set off a truck bomb—it’s reasonable to ask if they have a chance at something much more ambitious. Far from being plausible, argued Ohio State University professor John Mueller in a recent presentation at the University of Chicago, "the likelihood that a terrorist group will come up with an atomic bomb seems to be vanishingly small." (http://polisci.osu.edu/faculty/jmueller/ APSACHGO.PDF) The events required to make that happen include a multitude of herculean tasks. First, a terrorist group has to get a bomb or fissile material, perhaps from Russia’s inventory of decommissioned warheads. If that were easy, one would have already gone missing. Besides, those devices are probably no longer a danger, since weapons that are not scrupulously maintained (as those have not been) quickly become what one expert calls "radioactive scrap metal." If terrorists were able to steal a Pakistani bomb, they would still have to defeat the arming codes and other safeguards designed to prevent unauthorized use. As for Iran, no nuclear state has ever given a bomb to an ally—for reasons even the Iranians can grasp. Stealing some 100 pounds of bomb fuel would require help from rogue individuals inside some government who are prepared to jeopardize their own lives. The terrorists, notes Mueller, would then have to spirit it "hundreds of miles out of the country over unfamiliar terrain, and probably while being pursued by security forces." Then comes the task of building a bomb. It’s not something you can gin up with spare parts and power tools in your garage. It requires millions of dollars, a safe haven and advanced equipment—plus people with specialized skills, lots of time and a willingness to die for the cause. And if Al Qaeda could make a prototype, another obstacle would emerge: There is no guarantee it would work, and there is no way to test it. Assuming the jihadists vault over those Himalayas, they would have to deliver the weapon onto American soil. Sure, drug smugglers bring in contraband all the time—but seeking their help would confront the plotters with possible exposure or extortion. This, like every other step in the entire process, means expanding the circle of people who know what’s going on, multiplying the chance someone will blab, back out or screw up. Mueller recalls that after the Irish Republican Army failed in an attempt to blow up British Prime Minister Margaret Thatcher, it said, "We only have to be lucky once. You will have to be lucky always." Al Qaeda, he says, faces a very different challenge: For it to carry out a nuclear attack, everything has to go right. For us to escape, only one thing has to go wrong. That has heartening implications. If Osama bin Laden embarks on the project, he has only a minuscule chance of seeing it bear fruit. Given the formidable odds, he probably won’t bother. None of this means we should stop trying to minimize the risk by securing nuclear stockpiles, monitoring terrorist communications and improving port screening. But it offers good reason to think that in this war, it appears, the worst eventuality is one that will never happen.
Terrorism isn’t an existential threat
Fettweis 10 – Christopher, assistant professor of national security affairs at the U.S. Naval War College 2010, Threat and Anxiety in US Foreign Policy’, Survival, 52:2 Even terrorists equipped with nuclear, biological or chemical weapons would be incapable of causing AND unpleasant as such events would be, they do not represent existential threats.
Pakistanis’ prefer drones to Pakistani military crackdowns
Anderson 13 ~Kenneth Anderson, Professor of International Law at American University, June 2013, "The Case for Drones," Commentary, Vol. 135, No. 6~ There is also debate about the degree to which villagers are aware that the American AND concerns about whether villages might be sufficiently provoked against American infantry are subsiding.
Prefer our evidence to their propaganda—doomsday scenarios involving extremist takeovers of Paksitani nuclear weapons are designed to make Pakistan look unreliable—in reality, facilities are heavily guaraded and none of the Islamist groups inside Pakistan would use nuclear weapons or give them to terrorists.
THE sickening regularity of reports emerging in US and West, calling into question Pakistan’s AND even Taleban remains a ’riddle wrapped in a mystery inside an enigma’.
a. Afghan stability causes Central Asian democracy—it’s a key model.
Peter Bergen, Senior Fellow at the New America Foundation and adjunct professor at the School of Advanced International Studies at Johns Hopkins, Testimony before the House Committee on Foreign Affairs, 2-15-2007 (http://foreignaffairs.house.gov/110/ber021507.htm)
It is also time for the United States to institute a long-term mini AND and the Central Asian republics, none of which are truly democratic states.
b. Central Asian democracy causes Uighur secessionism, which will destroy China’s economy.
Many Uighurs view the Chinese as colonizers, and this is bound to lead to AND Xinjiang with consequences for the Chinese economy as well as the Uighur’s themselves.
Weak economy is the only incentive for aggressive foreign policy and great power involvement.
’In the past, a weak China, beset by social disorder, inflation and AND economic power with a commensurate amount of military power will be the key. It is commonly asserted that national leaders who are unable to overcome domestic difficulties sometimes AND more unpredictable and dangerous than a strong, confident and cohesive China.’27 There are already signs of unrest and secessionist movements in China, and if China AND Xinjiang Province and the banned Falungong cult under control are some urgent tasks.
1. Turns their senkaku conflict– only a hawkish china would risk war
B) Anti-war sentiment means the U.S. would just step up internal security measures
Bremmer 4 – Ian, president of Eurasia Group and senior fellow at the World Policy Institute ~"Suppose a new 9/11 hit America", New Statesman, Online~cn This time, the public response would move much more quickly from shock to anger AND have nowhere near the public support it enjoyed for the invasion of Afghanistan.
David Wood 2012 (American Drones Ignite New Arms Race From Gaza To Iran To China, Huffington Post, 27 November 2012, http://www.huffingtonpost.com/2012/11/27/american-drones_n_2199193.html) Obama administration officials have said they are weighing various options to codify the use of AND have to first stop science, and then business, and then war."
Drones will occur regardless of the USA
Right Vision News 2012 ~Pakistani news agency, "Pakistan: 76 countries acquire drones, pose new threat to global security," 03 Oct 2012~ Recently, in an unconfirmed report, it was alleged that Israel used a drone AND sic~ aerial systems than fighter and bomber pilots combined, the report added
No drone challenge for at least a decade – other nations don’t want to spend the money to compete with the USA
Micah Zenko 2013 ~Douglas Dillon fellow in the Center for Preventive Action (CPA) at the Council on Foreign Relations (CFR). "Reforming U.S. Drone Strike Policies," CPA at CFR, Council Special Report No. 65, January 2013~ Other states invested in developing and selling surveillance drones have reportedly refrained from selling fully AND will undertake the significant investment required for armed drones in the near term.
No other country is likely to successfully proliferate drones
Roberts 13 ~Kristin Roberts, News Editor for National Journal, "When the Whole World Has Drones," National Journal, 3/22/2013~ Other countries, groups, and even individuals can and do fly drones. But AND long-duration surveillance and potentially strike inside and right on its border."
No SCS or ECS conflict
Gupta 11 – Rukmani, Associate Fellow @ the Institute for Defense Studies and Analyses ~10/23/11, "South China Sea Conflict? No Way", the-diplomat.com/2011/10/23/south-china-sea-conflict-no-way/~job Despite what opinion pieces in the Global Times may say, there’s reason to suspect AND seen as attempts to exaggerate claims so as to secure a better negotiating stance
Won’t escalate or go nuclear
Park 12 – Sungtae, Security Policy Studies at GWU, Also written articles for the CSIS ~"Limits of China-Japan Tension Over the Senkaku/Diaoyu Islands"~gw There are also logistical reasons why a war over the Senkaku/Diaoyu Islands is AND it would turn into a general war or escalate to a nuclear conflict.
Costs are too high
Park 12 – Sungtae, Security Policy Studies at GWU, Also written articles for the CSIS ~"Limits of China-Japan Tension Over the Senkaku/Diaoyu Islands"~gw There is a growing fear among many Asia observers and pundits that the on- AND of a war would be astronomical and understand that victory is no certainty.
Deterrence checks
Shuo 12 – Wang Shuo, managing editor of Caixin Media: the top English-language magazine covering business and finance in China ~ "Closer Look: Why War Is Not an Option", english.caixin.com/2012-09-12/100436770.html)~gw It is highly unlikely that China will fight a hot war with any of its AND reduce their impacts. And the key is relations with the United States.
Solvency
Signature strikes are not arbitrarily decided
The Huffington Post 13 (Inside the Murky World of ’Signature Strikes’ and the Killing of Americans With Drones, May 31, 2013joe) But then Holder, who claimed to be shedding light on this murky topic so AND vehicles of militants or compounds, eavesdropping on cell phone conversations, etc.).
Plan doesn’t address and shifts signature strikes in Yemen—guts solvency
Ohlin 12 ~Jens David Ohlin, Professor at Cornell, Signature Strikes, April 23, 2012, http://www.liebercode.org/2012/04/signature-strikes.html//joe~~ From the Washington Post comes news that the United States is once again considering an AND Both of are best described as regional syndicates or affiliates of al Qaeda.
Terrorist leaders hide in cities assuming the US wont risk collateral damage
Thompson 13 ~Julia Thompson, Time to reassess drones, Dawn (Pakistan), April 26, 2013, Vol. LXVII No. 115joe~ The military efficacy of drone strikes in Pakistan is constrained for several reasons. Confined AND in Karachi, accused of involvement in US journalist Daniel Pearl’s 2002 murder.
DA
Al-Qaeda is down, but not out – continuing current counterterrorism policies is key
Statutory restrictions destroy executive flexibility in the War on Terrorism
Yoo 6 – a visiting scholar at AEI ~John, July 7, The High Court’s Hamdan Power Grab, http://www.aei.org/publications/filter.all,pubID.24630/pub_detail.asp, Accessed August 3, 2006~gw Long-standing U.S. practice recognizes that the president, as commander AND blocked—giving him the flexibility to wage a successful war on terrorism.
Presidential flexibility is key to prevent WMD terrorism
Royal 11 – JOHN PAUL ROYAL, Institute of World Politics ~"War Powers and the Age of Terrorism," Center for the Study of the Presidency 26 Congress The Fellows Review, 2010-2011~gw Proliferation of weapons of mass destruction (WMD), especially nuclear weapons, into the AND changes, Congress possesses the intrinsic power to rescind and limit these powers.
Nuclear terrorism causes extinction
Morgan 9 – Dennis Ray, Hankuk University of Foreign Studies ~Dec, "World on fire," 41 South Korea Futures 10, 683-693~cn In a remarkable website on nuclear war, Carol Moore asks the question "Is AND , to a life of unimaginable misery and suffering in a nuclear winter.
Cohen 11/13 – Michael, fellow of the Century Foundation, author of Live from the Campaign Trail: The Greatest Presidential Campaign Speeches of the 20th Century and How They Shaped Modern America. ~http://www.theguardian.com/commentisfree/2013/nov/13/us-israel-relationship-strained-iran-nuclear-talks~~gw This is a dangerous game that if successful would not only create a fundamental breach AND to work in delaying Iran’s nuclear ambitions and would even further isolate Israel.
A nuclear Iran causes nuclear war
Kroenig 12 – Matthew Kroenig is Assistant Professor of Government at Georgetown University and a Stanton Nuclear Fellow at the Council on Foreign Relations————————————————— ~February 22nd, 2012, "What Will Iran Do If It Gets a Nuclear Bomb?" www.theatlantic.com/international/archive/2012/02/what-will-iran-do-if-it-gets-a-nuclear-bomb/253430/-http://www.theatlantic.com/international/archive/2012/02/what-will-iran-do-if-it-gets-a-nuclear-bomb/253430/ A nuclear-armed Iran would pose a grave threat to international peace and security AND state and has nuclear weapons, which could be decades or even longer.
DA
Statutory restriction of Presidential War Powers makes warfighting impossible
Yoo 12 – prof of law @ UC Berkeley (John, War Powers Belong to the President, ABA Journal February 2012 Issue, http://www.abajournal.com/magazine/article/war_powers_belong_to_the_president) we do not endorse the ableist language used in this card, but have left it in to preserve the author’s intent. we apologize for the author’s inappropriate use of the word "paralyze" The framers realized the obvious. Foreign affairs are unpredictable and involve the highest of AND time to introduce sweeping, untested changes in the way we make war.
OCOs are key to flex and counter terror
Brennan 12 – John, Lieutenant Colonel, Director of the CIA ~March 15, "United States Counter Terrorism Cyber Law and Policy, Enabling or Disabling?", http://nsfp.web.unc.edu/files/2012/09/Brennan_UNITED-STATES-COUNTER-TERRORISM-CYBER-LAW-AND-POLICY.pdf~~gw Although indentifying international terrorists in cyberspace is critical to successful counterterrorism operations, it is AND not executed) computer network attack against his online magazine, Inspire. 39
The plan spills over to broader Congressional decisionmaking
Paul 2008 - Senior Social Scientist; Professor, Pardee RAND Graduate School Pittsburgh Office Education Ph.D., M.A., and B.A. in sociology, University of California, Los Angeles (September,Christopher, "US Presidential War Powers: Legacy Chains in Military Intervention Decisionmaking* ," Journal of Peace Research, Vol. 45, No. 5 (Sep., 2008), pp. 665-679)
Legacy Chains Finegold 26 Skocpol (1995: 222) describe policy legacies: Past and present AND law (see the extended ex ample presented later in the article).1
Presidential weakness emboldens adversaries – that triggers multiple scenarios for conflict
South China Morning Post 2k ~"Position of Weakness" 12-11-00, p. L/N~ A weak president with an unclear mandate is bad news for the rest of the AND the world needs the United States to use its power deftly and decisively.
Conflict over Taiwan causes nuclear war
Glaser 11 – Charles, George Washington University Political Science Professor ~"Will China’s Rise Lead to War? ", Foreign Affairs, Mar/April 2011, Vol. 90, Issue 2, EBSCO~gw THE PROSPECTS for avoiding intense military competition and war may be good, but growth AND military efforts and a general poisoning of U.S.-Chinese relations.
CMR
CMR is high now – all of Obama’s decisions occur within a consultative framework
Shane 12 – Leo Shane III, as worked at Stars and Stripes since 2004, covering Capitol Hill and the White House. His beats include legislation affecting military policy and veterans issues. His work also includes overseas coverage of military operations in Afghanistan, Iraq, Chile and Ecuador. In 2010, Shane was part of a team of reporters who received a Polk Award and a National Headliner Award for stories that revealed the military’s practice of profiling journalists in Afghanistan in an attempt to steer coverage of the war. ~10/15, http://www.stripes.com/where-they-stand-obama-on-foreign-policy-military-and-vets-issues-1.193169~~gw That’s why President Obama, in consultation with our military and civilian leadership, made AND that it maintains the United States as the strongest military in the world.
Patterson 9 – Rebecca, Dissertation for Poli Sci PhD from George Washington University 8/31, "The U.S. Army and Nation-Building: Explaining Divergence in Effective Military Innovation," Civil-military relations have rarely been used as an explanatory variable for military effectiveness AND turn undermines effectiveness.1167 Indeed, this study’s findings support these assertions.
CMR relations challenging – need to untangle in order to fight irregular wars
Patrick Cronin (senior vice president and director of studies, CSIS) 2008. "Irregular Warfare: New Challenges for Civil-Military Relations" CSIS. http://smallwarsjournal.com/documents/iwcivmilrelations.pdf~~/rob Success in the highly political and ambiguous conflicts likely to dominate the global security environment AND to shore up this longstanding tradition among both the leadership and the ranks. A third significant challenge is how to forge integrated strategies and approaches. Professional relationships, not organizational fixes, are vital to succeeding in irregular war. In this sense, the push for new doctrine for the military and civilian leadership is a step in the right direction to clarifying the conflated lanes of authority.
CP
Text – The Chair of the Joint Chiefs of Staff of the United States should issue a national military strategy, and corresponding strategic concept focused on implementation, that banning indefinite delivery-indefinite quantity defense contracts for offensive cyber weapons as well as the ability to exercise options on those contracts and mandate congressional oversight on Department of Defense offensive cyber operations contracts is necessary to achieve that national security goals of the United States. We’ll clarify.
Competes – the CP doesn’t mandate the plan. It issues a recommendation that results in policy change.
Solves – NMS is a keystone document that shapes military policy – it integrates consultation between Congress and the DOD, building broad support for the plan
Meinhart 8 (Dr. Richard M., Professor of Defense and Joint Processes at the U.S. Army War College, "National Military Strategies: 1990 to 2007", National Security Policy and Strategy, Ed. Bartholomees, June, http://www.dtic.mil/cgi-bin/GetTR Doc?AD=ADA48268826Location=U226doc=GetTRDoc.pdf)
CONCLUSION The National Military Strategy is the keystone document of an overarching strategic planning system AND important in today’s volatile, uncertain, complex and ambiguous global security environment.
NMS can effectively cause shapes operational planning, resource allocation, and future defense planning
Should not the National Military Strategy provide this "strategic pull’? Is the Joint AND planning, and programming for the military 20 years from now begins today.
K
The 1AC perpetuates artificially constructed scenarios as objective truths—this encourages the use of endless militarism as justification for political decision-making by deferring to political "experts"—vote neg to reject the aff’s epistemological assumptions
Reject the aff. We must challenge the linguistic blackmail of security by creating space for refusal
Burke, 02 ("Aporias of Security" PhD, Anthony Burke was appointed to UNSW@ADFA in February 2008, after three years in the School of Social Sciences and International Studies at UNSW Sydney (2005-7), Alternatives vol 27 (2002)).
It is perhaps easy to become despondent, but as countless struggles for freedom, AND is a world after security, and what its shimmering possibilities might be.
The Aff fails to specify the grounds upon which the court decision is overturned
That’s a voter:
First, Ground—we lose all ground for agent disads, counterplans, and case args
And, Advocacy shift—they aff can specify in the 2ac which makes them a moving target.
And, Predictability – makes add-on and advantage areas more predictable for the neg.
And, legal Education—specifying grounds is key; grounds for overturning are as important as the overturn itself; without specification there is no legal justification Frank H. Wu, 2002, a law professor at Howard University Criminal Justice Magazine, "Profiling in the Wake of September 11: The Precedent of the Japanese American Internment" Pg. http://www.abanet.org/crimjust/cjmag/17-2/japanese.html In that context, the conclusion that the internment was wrong is not enough. AND There are multiple possibilities. They lead to different outcomes in today’s circumstances.
And, Allows for object fiat—they do the same thing as fiating solvency; we have to be able to examine the impacts of plan passage Vagueness justifies neg flexibility and adaption – key to reciprocity
Adv CP
Text – The Chair of the Joint Chiefs of Staff of the United States should issue a national military strategy, and corresponding strategic concept focused on implementation, that individuals indefinitely detained under the War Powers authority of the President of the United States must be tried by an existing Article III court or be released within a reasonable, specified time period.is necessary to achieve that national security goals of the United States. We’ll clarify.
Competes – the CP doesn’t mandate the plan. It issues a recommendation that results in policy change.
Solves – NMS is a keystone document that shapes military policy – it integrates consultation between Congress and the DOD, building broad support for the plan
Meinhart 8 (Dr. Richard M., Professor of Defense and Joint Processes at the U.S. Army War College, "National Military Strategies: 1990 to 2007", National Security Policy and Strategy, Ed. Bartholomees, June, http://www.dtic.mil/cgi-bin/GetTR Doc?AD=ADA48268826Location=U226doc=GetTRDoc.pdf)
CONCLUSION The National Military Strategy is the keystone document of an overarching strategic planning system AND important in today’s volatile, uncertain, complex and ambiguous global security environment.
NMS can effectively cause shapes operational planning, resource allocation, and future defense planning
Should not the National Military Strategy provide this "strategic pull’? Is the Joint AND planning, and programming for the military 20 years from now begins today.
The CP facilitates inclusion of the JCS in military policy—Solves CMR
Gibson ’8 – PhD @ Cornell Univ. (Christopher P., "Securing the State: Reforming the National Security Decision-making Process at the Civil-Military Nexus," p.106-112, RG)
At this point the argument moves from the theoretical to the practical and to the AND The US needs an update to the Goldwater-Nichols legislation of 1986. The top military leaders in the respective services, the members of the JCS, AND replace the currently existing billet of Chairman, Joint Chiefs of Staff.12
Standing CP
Text: A member of the United States Congress, solely in his or her official capacity, should file a suit in state court alleging that individuals indefinitely detained under the War Powers authority of the President of the United States must be tried by an existing Article III court or be released within a reasonable, specified time period. After the trial and appellate courts issue rulings in the case, the United States Supreme Court should grant certiorari and issue an injunction ordering the relief requested by the member of Congress.
Members of Congress currently cannot sue on behalf of Congress – the counterplan necessarily recognizes legislator standing
Legislative standing is key to multilateralism, treaties, and the U.N.
Adler 4 – David Gray, Professor of Law at Idaho State Presidential Studies Quarterly, Vol. 34, Is. 1 President George W. Bush’s unilateral termination of the 1972 ABM Treaty between the United AND , there are a good many reasons to believe that it does not.
Key to avoid multiple scenarios for extinction
MMA 2 – Malaysian Medical Association ~Sept 6, http://www.mma.org.my/current_topic/sept.htm~~ Our world is increasingly interdependent and the repercussions of the actions of states, non AND destroying itself through environmental degradation or the use of weapons of mass destruction.
EPA DA
The Court will side with EPA, but it will be close—questions of deference can tip the scales
Devins 10 ~Neal Devins, Goodrich Professor of Law and Professor of Government, College of William 26 Mary, "Talk Loudly and Carry a Small Stick: The Supreme Court and Enemy Combatants, Journal of Constitutional Law, Vol. 12, No. 2, February 2010~ For much the same reason, the Court understood that its decision posed few national AND political branches to respect the centrality of habeas corpus limits on governmental power.
Judicial capital is finite—Court will pick their battles
Young 99 ~Ernest A. Young Assistant Professor at University of Texas School of Law State Sovereign Immunity and the Future of Federalism," Supreme Court Review, 1999 Sup. Ct. Rev. 1, Lexis~ The first reason, and the simplest, is that the Court has limited political AND as an internal constraint on the Court’s willingness repeatedly to confront Congress.?
EPA ruling trickles up to broader climate legislation—only way to stop warming in the squo
Sherman 13 ~MARK SHERMAN, High court will review EPA global warming rules, Associated Press Online, October 15, 2013joe~ The Supreme Court agreed Tuesday to decide whether to block key aspects of the Obama AND -trapping gases will be regulated, until the EPA sets national standards.
Extinction
Mazo 10—Jeffrey, PhD in Paleoclimatology from UCLA, Managing Editor, Survival and Research Fellow for Environmental Security and Science Policy at the International Institute for Strategic Studies in London ~March, Climate Conflict: How Global Warming Threatens Security and What to Do about It, pg. 120~ab The best estimates for global warming to the end of the century range from 2 AND adaptation to these extremes would mean profound social, cultural and political changes.
PQD DA
PQD is strong now
Bradley 13 – Curtis A., William Van Alstyne Professor of Law – Duke Law School ~"War Powers, Syria, and Non-Judicial Precedent," Lawfare Blog, 2013, http://www.lawfareblog.com/2013/09/war-powers-syria-and-non-judicial-precedent/~~gw As an initial matter, we need to bracket the issue of whether Obama’s action AND that might have motivated Obama to go to Congress with respect to Syria.
Indefinite detention is a political question—the plan destroys the doctrine
Pennelle 6 – Laura, California Western Law School ~"THE GUANTANAMO GAP: CAN FOREIGN NATIONALS OBTAIN REDRESS FOR PROLONGED ARBITRARY DETENTION AND TORTURE SUFFERED OUTSIDE THE UNITED STATES?," 36 Cal. W. Int’l L.J. 303~gw Assuming there was a judicially cognizable remedy available to foreign national detainees, issues of AND "expressing lack of the respect due coordinate branches of government. 2 2
PQD key to Sonar training
Gartland 12 – Maj. Charles, B.A., University of Alaska - Anchorage; J.D., cum laude, Gonzaga University School of Law; LL.M., George Washington University Law School) is a United States Air Force judge advocate currently serving as the Environmental Liaison Officer for the Air Force Materiel Command ~"ARTICLE: AT WAR AND PEACE WITH THE NATIONAL ENVIRONMENTAL POLICY ACT: WHEN POLITICAL QUESTIONS AND THE ENVIRONMENT COLLIDE," 68 A.F. L. Rev. 27~gw The public interest in conducting training exercises with active sonar under realistic conditions plainly outweighs AND the Republic, allows statutes like NEPA to exist in the first place.
That’s key to overall Naval power and anti-submarine warfare.
Popeo et al 8 – Daniel, Paul Kamenar, Washington Legal Foundation, Andrew McBride, Thomas McCarthy, Andrew Miller, William R. Dailey, Wiley Rein LLP ~"Brief for Amici Curiae The Washington Legal Foundation, Rear Admiral James J. Carey, U.S. Navy (Ret.), National Defense Committee, and Allied Educational Foundation in Support of Petitioners," http://www.wlf.org/upload/07-1239winter.pdf~~ Throughout our Nation’s history, the Navy has played a vital role in major world AND our international standing, and an alteration in our established way of life.
That unleashes a laundry list of nuclear conflicts
Eaglen 11 – Mackenzie research fellow for national security – Heritage, and Bryan McGrath, former naval officer and director – Delex Consulting, Studies and Analysis ~"Thinking About a Day Without Sea Power: Implications for U.S. Defense Policy," Heritage Foundation~gw Global Implications. Under a scenario of dramatically reduced naval power, the United States AND the international supply chain with impacts in the billions of dollars.~16~
Solvency
Congress or executive will circumvent
Akram 13 – Susan M. Akram, a School of Law clinical professor of law and former executive director of Boston’s Political Asylum/Immigration Representation Project ~5/28, http://www.bu.edu/today/2013/gitmo-the-legal-mess-behind-the-ethical-mess/~~gw How could the detention center be legal at all if Congress has blocked funding for AND have the legal status of the detainees determined by a "competent tribunal."
CP ends a long precedent of judicial non-interference in foreign affairs – destroys SOP
Clark 96 – Bradford R., Associate Professor of Law at George Washington University Law School ~April, "Federal Common Law: A Structural Reinterpretation," University of Pennsylvania Law Review, LN~bg The Court’s approach has merit. The Constitution vests exclusive authority over foreign affairs in AND formulation" appears necessary to preserve the political branches’ power over foreign relations.
Reject violations of SOP because they violate individual autonomy – ensures nuclear war
Redish 91 – Martin, Professor of Law and Public Policy at Northwestern ~41 Duke L.J. 449~cn In any event, the political history of which the Framers were aware tends to AND be forced into the position of saying, "I told you so." The plan rules sua sponte – takes out their solvency Milani 2 – Adam, PROFESSOR, MERCER UNIVERSITY SCHOOL OF LAW; J.D., DUKE ~"PLAYING GOD: A CRITICAL LOOK AT SUA SPONTE DECISIONS BY APPELLATE COURTS," Tennessee Law Review, Vol. 69~cn The rule that points not argued will not be considered is more than just a AND themselves, not the decision maker, determine what issues will be adjudicated.
The Court can’t rule without a test case
Krimbel 89 – Rosemary, JD at Chicago-Kent College of Law ~65 Chi.-Kent L. Rev. 919, lexis~cn Indeed, the Court hears only a small proportion of the thousands of cases that AND doctrines comport with the Court’s duty to avoid constitutional questions unless necessary. 162
Blowback
Court rulings are toothless – enforcement is delayed and merely result in legal limbo
Ku and Yoo 6 – Julian and John, Associate Professor of Law, Hofstra University School of Law; Visiting Associate Professor of Law, William 26 Mary Marshall-Wythe School of Law AND Professor of Law, University of California at Berkeley School of Law ~Const. Commentary 179, "HAMDAN v. RUMSFELD: THE FUNCTIONAL CASE FOR FOREIGN AFFAIRS DEFERENCE TO THE EXECUTIVE BRANCH" lexis~cs Courts are also highly decentralized. With 94 district courts and 667 judges, differing AND of government in resolving ambiguities in laws designed to achieve national foreign policies.
No nuke terror—no sources and no means
Mearsheimer 14—John, R. Wendell Harrison Distinguished Service Professor @ U of Chicago ~1/2, http://nationalinterest.org/article/america-unhinged-9639?page=1~~ab Am I overlooking the obvious threat that strikes fear into the hearts of so many AND encourage and help other states to place nuclear materials in highly secure custody.
Detention restrictions increases rendition and drone strikes—comparatively worse and turns cred
Goldsmith 12 – Jack, Professor of Law at Harvard ~6/29, Proxy Detention in Somalia, and the Detention-Drone Tradeoff, www.lawfareblog.com/2012/06/proxy-detention-in-somalia-and-the-detention-drone-tradeoff/~cs There has been speculation about the effect of the Obama administration’s pinched detention policy – AND of a detention-drone tradeoff will become harder and harder to defend.
Peace negotiations check U.S.-Russian escalation
Ivashov 7 – Colonel General Leonid, President of the Academy of Geopolitical Problems ~July 2007 "WILL AMERICA FIGHT RUSSIA". Defense and Security, No 78. LN ~ Ivashov: Numerous scenarios and options are possible. Everything may begin as a local AND nuclear arsenals. It will stop the war and put negotiations into motion.
Reforms result in catastrophic terrorism—-releases them and kills intel gathering
Posen 13—Barry, Ford International Professor of Political Science and Director of the Security Studies Program at the Massachusetts Institute of Technology ~01/2013, http://durchnacht.wordpress.com/2013/01/20/pull-back/-http://durchnacht.wordpress.com/2013/01/20/pull-back/~~ab ¶ The United States emerged from the Cold War as the single most powerful state AND energy resources to export, and it still produces some impressive weapons systems.
Heg decline won’t cause instability
Parent 11 – Joseph, Assistant Professor of Political Science, U Miami. PhD in PSCI Columbia, and Paul McDonald, Asst Professor of Political Science, Williams College ~Graceful Decline? The Surprising Success of Great Power Retrenchment, Intl. Security, Spring, Vol 35, No. 4~JOB Some observers might dispute our conclusions, arguing that hegemonic transitions are more conflict prone AND Great Britain could likely coast on a large lead in domestic capital stock.
Judiciary
Plan erodes the jus in bello framework critical to LOAC in general—the distinction between lawful and unlawful combatants is key
Casey et al 5—Lee, Partner, Baker 26 Hostetler LLP; David Rivkin, David, partner in the Washington office of Baker Hostetler LLP, He is also a Visiting Fellow at the Nixon Center and a Contributing Editor of the National Review magazine ~2/15, http://www.fed-soc.org/publications/detail/unlawful-belligerency-and-its-implications-under-international-law~~ab At the dawn of the 21st century, the civilized world is once again seriously AND to maximum extent possible, the destruction and horror of war ~66~.
LOAC is needed for norms against CBWs
Malviya 1—R.A, law prof @ Banaras Hindu University ~http://www.worldlii.org/int/journals/ISILYBIHRL/2001/5.html)~~ab The following analysis of the international law of armed conflict extends to the limitations on AND U.S.A. to destroy enormous stretches of tropical jungle.
US legal modeling fails – can’t shape norms
Law and Versteeg 12 – David S. Law, Professor of Law and Professor of Political Science, Washington University in St. Louis. B.A., M.A., Ph.D., Stanford University; J.D., Harvard Law School; B.C.L. in European and Comparative Law, University of Oxford, Mila Versteeg, Associate Professor, University of Virginia School of Law. B.A., LL.M., Tilburg University; LL.M., Harvard Law School; D.Phil., University of Oxford ~"The Declining Influence of the United States Constitution," New York University Law Review, Vol. 87, No. 3, pp. 762-858, June 2012, online~gw The appeal of American constitutionalism as a model for other countries appears to be waning AND follow its lead. But the world would¶ surely pay close attention.
CMR is high now – all of Obama’s decisions occur within a consultative framework
Shane 12 – Leo Shane III, as worked at Stars and Stripes since 2004, covering Capitol Hill and the White House. His beats include legislation affecting military policy and veterans issues. His work also includes overseas coverage of military operations in Afghanistan, Iraq, Chile and Ecuador. In 2010, Shane was part of a team of reporters who received a Polk Award and a National Headliner Award for stories that revealed the military’s practice of profiling journalists in Afghanistan in an attempt to steer coverage of the war. ~10/15, http://www.stripes.com/where-they-stand-obama-on-foreign-policy-military-and-vets-issues-1.193169~~gw That’s why President Obama, in consultation with our military and civilian leadership, made AND that it maintains the United States as the strongest military in the world.
Changes to war powers cause massive backlash to the military
Friendly democracies can decipher between good and bad US norms, and authoritarian nations don’t care either way
McGinnis 7 – John O., Professor of Law, Northwestern University School of Law. Ilya Somin Assistant Professor of Law, George Mason University School of Law ~GLOBAL CONSTITUTIONALISM: GLOBAL INFLUENCE ON U.S. JURISPRUDENCE: Should International Law Be Part of Our Law? 59 Stan. L. Rev. 1175~gw The second benefit to foreigners of distinctive U.S. legal norms is information AND compared to the harm of allowing raw international law to trump domestic law.
Our rule of law is especially ignored
Black 12 – Eric Black writes Eric Black Ink for MinnPost, analyzing politics and government of Minnesota and the United States, the historical background of topics and other issues ~September 27, 2012, "Some ideas to limit the ’supremacy’ of the U.S. Supreme Court," http://www.minnpost.com/eric-black-ink/2012/11/some-ideas-limit-supremacy-us-supreme-court~~gw It seems to be part of our national DNA. We see ourselves as so AND which it is much easier to block action than to get anything done.
The judiciary isn’t key to CMR – Congress checks
Donnelly 5 – Elaine, president of the Center for Military Readiness ~8/18, http://www.cmrlink.org/content/congress-legislation/page-3/34481/courts_congress_and_the_military~~gw The armed forces should remain under the control of civilians, but not that of activist judges quoting foreign courts. Congressional power to make policy for the military creates a corollary responsibility to write clear legislation and oversee faithful enforcement. Unresolved confusion invites overreaching Supreme Court decisions that have damaged many American institutions. The Bush Administration and Congress must ensure that our military does not become one of them.
New restrictions on the Executive will be resisted by the military because they are imposed externally by civilians; this crushes CMR and causes rollback, turns the case—their author
Multiple barriers prevent an effective bioterror attack
Leitenberg 1 – Fellow at Center for International and Security Studies at University of Maryland ~Milton, "An Assessment of the Biological Weapons Threat to the United States," Jan, http://www.equipped.com/bioterror_leitenberg.htm~~ First, there is the problem of obtaining a strain of the organism in question AND but effective dispersal is easily disrupted by environmental and meteorological conditions.~20~
A) The framework—the affirmative defend the hypothetical implementation of federal policy on the basis of the plan text. They can justify that plan however they want, but floating Ks of disads or value statements only apply with a causal link from the plan.
"USFG" followed by "should" means the debate is about the desirability of enacting a government policy
Ericson 3 – Jon, Dean of the College of Liberal Arts – California Polytechnic U ~The Debater’s Guide, Third Edition, p. 4~cn In policy propositions, each topic contains certain key elements, although they have slightly AND compelling reasons for an audience to perform the future action that you propose.
Gotta have a plan—failure to have a concrete option we can debate against guarantees that oppression continues and efforts for change backfire
What follows is not an attempt to discredit our efforts. It was a powerful AND others will be prepared to build up the state or a new state.
B) Reject the team—
1. Predictable Limits – they justify shifting the topic of debate to an infinite number of other questions, which rigs the game for the aff because we can’t adequately research and prepare against them.
And, the topic must be presupposed for meaningful debate to occur
Ehninger 70 – Douglas, Professor of Speech at U-Iowa ~Jun, Speech Monographs, p. 108~cn If two friends differ on whether they will gain greater satisfaction from dining at Restaurant AND need to assume and agree upon as a necessary condition of argumentative interchange.
2. Topic Education – our interpretation best facilitates IN-DEPTH discussions about the important, timely policy questions raised by the resolution – topic education outweighs because we have the same stale critical theory debates every year; the topic is the only thing that changes.
And, in-depth learning about government policymaking is key to creating public intellectuals who can check dangerous elites and solve societal problems
McClean 1 – David, Ph.D., Lecturer in Philosophy, Molloy College, New York and Rutgers University ~"The Cultural Left and the Limits of Social Hope," www.american-philosophy.org/archives/past_conference_programs/pc2001/Discussion20papers/david_mcclean.htm-http://www.american-philosophy.org/archives/past_conference_programs/pc2001/Discussion papers/david_mcclean.htm~cn Yet for some reason, at least partially explicated in Richard Rorty’s Achieving Our Country AND critics with their snobish disrespect for the so-called "managerial class."
3. Turns case and destroys the meaning of critical theory
FEAVER 2001 (Peter, Asst. Prof of Political Science at Duke University, Twenty-First Century Weapons Proliferation, p 178)
At the same time, virtually all good theory has implications for policy. Indeed AND . Happily, the best work in the proliferation field already does so.
4. Independently—if they shift explanation vote them down, with or without framework we can’t debate when the role of the plan shifts. They had 9 minutes to explain this stuff, if it wasn’t clear by then don’t help them out.
CP
Text – The Chair of the Joint Chiefs of Staff of the United States should issue a national military strategy, and corresponding strategic concept focused on implementation, that reversing the see-er/seen binary of targeted killing is necessary to achieve that national security goals of the United States. We’ll clarify.
Competes – the CP doesn’t mandate the plan. It issues a recommendation that results in policy change.
Solves – NMS is a keystone document that shapes military policy – it integrates consultation between Congress and the DOD, building broad support for the plan
Meinhart 8 (Dr. Richard M., Professor of Defense and Joint Processes at the U.S. Army War College, "National Military Strategies: 1990 to 2007", National Security Policy and Strategy, Ed. Bartholomees, June, http://www.dtic.mil/cgi-bin/GetTR Doc?AD=ADA48268826Location=U226doc=GetTRDoc.pdf)
CONCLUSION The National Military Strategy is the keystone document of an overarching strategic planning system AND important in today’s volatile, uncertain, complex and ambiguous global security environment.
The CP facilitates inclusion of the JCS in military policy —- this is crucial to rebalance CMR
Gibson ’8 – PhD @ Cornell Univ. (Christopher P., "Securing the State: Reforming the National Security Decision-making Process at the Civil-Military Nexus," p.106-112, RG)
At this point the argument moves from the theoretical to the practical and to the AND The US needs an update to the Goldwater-Nichols legislation of 1986. The top military leaders in the respective services, the members of the JCS, AND replace the currently existing billet of Chairman, Joint Chiefs of Staff.12
CMR relations challenging – need to untangle in order to fight irregular wars
Patrick Cronin (senior vice president and director of studies, CSIS) 2008. "Irregular Warfare: New Challenges for Civil-Military Relations" CSIS. http://smallwarsjournal.com/documents/iwcivmilrelations.pdf Success in the highly political and ambiguous conflicts likely to dominate the global security environment AND to shore up this longstanding tradition among both the leadership and the ranks. A third significant challenge is how to forge integrated strategies and approaches. Professional relationships, not organizational fixes, are vital to succeeding in irregular war. In this sense, the push for new doctrine for the military and civilian leadership is a step in the right direction to clarifying the conflated lanes of authority.
Irregular warfighting is key to prevent escalation from inevitable conflicts – accesses every impact
The study predicts future U.S. forces’ missions will range "from regular AND based on the serious implications for homeland security alone," said the report.
K
The 1AC is a paradigmatic example of humanist cultural criticism – this perpetuates speciesism and dooms them to failure
Deckha 6 – Maneesha, UC Hastings College of the Law http://www.animallaw.info/articles/arus17hstwlj1.htm Cultural critics have painstakingly demonstrated the social constructedness of sexual, gender, and racial AND on the continued merit of a property status of non-human animals.
This strategy is not innocent – rather, it reflects a specific form of affected ignorance, which is culpable in sustaining and promoting speciesism
Williams 8 – Nancy, Philosopher at Wofford College ~"Affected Ignorance and Animal Suffering" Journal of Agricultural and Environmental Ethics (2008) 21:371-384~ Affected ignorance, the phenomenon of people choosing not to investigate whether some practice in AND of knowledge, that which propels individuals to refrain from further moral inquiry.
Speciesism makes possible "systematic beastilization," which justifies non-criminal putting to death of the Other – this is the root cause of all oppression
Rossini 6 – Manuela, Postdoctoral Fellow at Amsterdam School for Cultural Analysis ~Sept, "To the Dogs: Companion speciesism and the new feminist materialism," Kritikos, Volume 3, http://intertheory.org/Rossini~~cn What is equally sobering, however, is the fact that the most radical metaposthumanists AND means limited to its overwhelmingly direct and disproportionate effects on animals.~26~
The alternative is to vote negative to reject speciesism by critically reorienting ourselves against the 1AC. Our creation of a space for reflection is a key step in ending non-human oppression.
Williams 8 – Nancy, Philosopher at Wofford College ~"Affected Ignorance and Animal Suffering" Journal of Agricultural and Environmental Ethics (2008) 21:371-384~ Epistemological and moral tensions such as these, however, can be the impetus for AND be fully informed about modern factory farming practices (and subsequent animal suffering).
Drones Good DA
Drones good – avoid boots on the ground
Con Coughlin 2013 (Drones are gruesome, but would we prefer boots on the ground?, 07 Feb 2013, http://www.telegraph.co.uk/ news/uknews/defence/9855577/Drones-are-gruesome-but-would-we-prefer-boots-on-the-ground.htmljoe) While the majority of drone patrols are reconnaissance missions, drones are also used to AND is easier to vaporise the enemy with a well-directed Hellfire missile.
Using drones instead of troops decreases civilian causalities
Bevir 99 – Mark, Reader in Political Theory @ U. Newcastle ~Feb, Political Theory~cn Perhaps we might say, therefore, that power or pastoral-power recognises the AND i.e., that which constitutes the very matter of ethics."32
US drone use key to power projection—sustains hegemony
The U.S. will act like the hegemon, even if it can’t anymore – this is a net turn to their heg bad arguments
Calleo 9 – David, Professor at The Johns Hopkins University and Dean Acheson Professor at its Nitze School of Advanced International Studies ~"Follies of Power: America’s Unipolar Fantasy" p. 4-5~cn It is tempting to believe that America’s recent misadventures will discredit and suppress our hegemonic AND tide, all the makings of a grand historical tragedy are at hand.
Case
Academics can’t understand the experiences of war officers—assumptions about them are dehumanizing and misunderstand war.
Muqawama 13 (Abu Muqawama, Center for a New American Security "Nature’s Not In It: A Special In Memoriam," 5/26/13 http://www.cnas.org/blogs/abumuqawama/2013/05/natures-not-it-special-memoriam.html)** The embedded hypothesis of such philosophy is that greater humanity—embodied in risk, AND trail about going after militants in Pakistan might also have similarly divergent preferences?¶
The critique of drone technology fetishizes an authentic human experience which denies the benefits of technology.
Muqawama 13 (Abu Muqawama, Center for a New American Security "Nature’s Not In It: A Special In Memoriam," 5/26/13 http://www.cnas.org/blogs/abumuqawama/2013/05/natures-not-it-special-memoriam.html)** Running through much common misunderstanding of drones, autonomous weapons ,and modern warfare is AND urgency, or moral outrage" has robbed them of their very essence.
Russia and China would fill in, which exacerbates every negative feature of imperialism
Biopower has existed for centuries and shows up in millions of different ways besides drones – proves they have no impact or threshhold
Biopower leads to social responsibility, altruism, and pacifism
Handgraaf et al 8 – Department of Work and Organizational Psychology, University of Amsterdam ~"Less Power or Powerless," Journal of Personality and Social Psychology, Vol. 95, No. 5, 1136–1149~cn "Power tends to corrupt, and absolute power corrupts absolutely." Lord Acton ( AND and they refrain from aggression toward others (Doob 26 Gross, 1968).
Agamben’s linear conception of bare life fails – it doesn’t account for internal hierarchies
Lemke 9 – Thomas, M.A. (Political Science, Sociology, 26 Law) ~http://www.thomaslemkeweb.de/engl.20texte/A20Zone3.pdf~~cn For Agamben the decision about life and death "no longer appears today as a AND a homogenous zone where differences collapse but a site where differences are produced.
Solvency
They cause Messianic politics – causes the worst violence
Kohn 6 – Margaret, Asst. Prof. of Poli Sci at Florida ~"Bare Life and the Limits of the Law,".Theory and Event, 9:2, http://muse.jhu.edu/journals/theory_and_event/v009/9.2kohn.html, Retrieved 9-26-06~gw Is there an alternative to this nexus of anomie and nomos produced by the AND at least the law tied to violence and the demarcating project of sovereignty.
The impact is massive extermination
Joines 99 – Richard E., Professor of English at Auburn University ~"Contretemps: Derrida’s Ante and the Call of Marxist Political Philosophy", Cultural Logic, 3(1), Fall, http://clogic.eserver.org/3-1262/joines.html~~gw Marxists argue that we are unable to imagine communism before its arrival, but " AND call him "comrade" at great risk to creating a communist future.
Alt doesn’t solve non-state biopolitics, which are the dominant form today
Lemke 9 – Thomas, M.A. (Political Science, Sociology, 26 Law) ~http://www.thomaslemkeweb.de/engl.20texte/A20Zone3.pdf~~cn Firstly, Agamben does not take into account that the site of sovereignty has been AND that are often only loosely associated with the formal organs of the state.
Turn – the aff actually restricts juridical power, thus increasing sovereign use of biopower
Rabinow 26 Rose 3 – Paul, Department of Anthropology, University of California, Berkeley 26 Nikolas, Department of Sociology, London School of Economics and Political Science ~December 10, http://www.lse.ac.uk/sociology/pdf/rabinowandrose-biopowertoday03.pdf-http://www.lse.ac.uk/sociology/pdf/rabinowandrose-biopowertoday03.pdf p. 1 – 3~ ap What is "biopower"? In a book ostensibly devoted to the history of sexuality AND to seize things, time, bodies, ultimately the life of subjects. It was the model of power that was codified and generalized in classical political philosophy AND authority, and practices of intervention that are desirable, legitimate and efficacious.
The plan re-enforces sovereignty – it reproduces the logic of "a way forward" and "inside-outside" dichotomies
Walker 92 – RBJ, Professor of Political Science at U-Victoria ~Fall, 9 Transnat’l L. 26 Contemp. Probs. 427~cn ~*430~ To try to imagine alternative futures on terms set by assumptions about AND works so as to affirm the impossibility of any other way of being.
No spillover - Invoking biopolitics is a conversation-stopper – it just shuts down productive dialogue and can’t achieve any real change
Virno 2 – Paolo, grassroots activist and European philosopher ~http://www.generation-online.org/p/fpvirno2.htm~~cn Agamben is a problem. Agamben is a thinker of great value but also, AND are, in all cases, instruments of work and not propaganda words.
Turns the K – and independently causes extinction
Boggs 97 – Carl, Ph.D., Professor of Political Science, National University ~"The great retreat: Decline of the public sphere in late twentieth-century America," Theory and Society, 26: 741-780~cn The decline of the public sphere in late twentieth-century America poses a series AND universal, collec- tive interests that had vanished from civil society.75
Attempts to escape sovereignty only re-enforce it – sovereignty will define the plan
Walker 92 – RBJ, Professor of Political Science at U-Victoria ~Fall, 9 Transnat’l L. 26 Contemp. Probs. 427~cn The story of a road from a world of sovereignty to a world that somehow AND learn from many sources, largely work so as to make escape impossible.
Distancing language is a coping mechanism—psychology and history prove
Muqawama 13 (Abu Muqawama, Center for a New American Security "Nature’s Not In It: A Special In Memoriam," 5/26/13 http://www.cnas.org/blogs/abumuqawama/2013/05/natures-not-it-special-memoriam.html)** According to the field of psychology called Terror Management Theory, humans face a basic AND when they shut off the drone technology at the end of their days?"
1/3/14
1NC vs GMU BW
Tournament: West Point | Round: 2 | Opponent: GMU BW | Judge:
1
Judicial deference is high now
Bazzle 12 – J.D., Georgetown University Law Center ~Timothy, "SHUTTING THE COURTHOUSE DOORS:¶ INVOKING THE STATE SECRETS PRIVILEGE TO THWART¶ JUDICIAL REVIEW IN THE AGE OF TERROR", Civil Rights Law Journal, Vol. 23, No. 1, 2012~gw The war on terror has led to an increased use of the state secrets privilege AND allege a credible claim of government wrongdoing retain¶ their due process rights.
Courts lack war power authority, they should defer to the other branches
Barr 3 – William, Former Attorney General of the US, et al, Amicus Brief in Rasul v Bush ~U.S. Briefs 334, March 3, 2004, p. 7-9~gw Notably absent from the constitutional clauses dealing with war powers is any mention of the AND Pet. Adm.) 942, 947 (D. Pa. 1793).
Deference is key to military flexibility and war fighting capabilities
Hudson 99 – Major in the US Army, Walter ~March, Racial Extremism in the Army, Military Law Review (159 Mil. L. Rev. 1~gw interests that the adjudicative process is best suited to protect–namely, constitutional protections AND at the gravest danger posed by racial extremists–the violent hate crime.
Lack of U.S. primacy ensures systemic and catastrophic nuclear wars
White 8 – Hugh, Professor of Strategic Studies at Australian National University ~’Why War in Asia Remains Thinkable’, Survival, 50:6, 85-104~cn Finally, the fourth model is the balance-of-power system that shaped AND way, an order is emerging in which major war is more likely.
2
Restrictions are prohibitions on action —- the aff is a reporting requirement
Schiedler-Brown 12 – Jean, Attorney, Jean Schiedler-Brown 26 Associates ~Appellant Brief of Randall Kinchloe v. States Dept of Health, Washington, The Court of Appeals of the State of Washington, Division 1, http://www.courts.wa.gov/content/Briefs/A01/68642920Appellant20Randall20Kincheloe27s.pdf~~ 3. The ordinary definition of the term "restrictions" also does not include AND some supervision conditions, but he did not agree to restrict his license.
Vote neg—-
Only prohibitions on authority guarantee neg ground—-their interpretation lets affs no link the best neg offense like deference
Precision—-only our interpretation defines "restrictions on authority"—-that’s key to adequate preparation and policy analysis
3
Text – The Chair of the Joint Chiefs of Staff of the United States should issue a national military strategy, and corresponding strategic concept focused on implementation, that banning indefinite detention under executive war power authority is critical to the national security goals of the United States. We’ll clarify.
Competes – the CP doesn’t mandate the plan. It issues a recommendation that results in policy change.
Solves – NMS is a keystone document that shapes military policy – it integrates consultation between Congress and the DOD, building broad support for the plan
Meinhart 8 (Dr. Richard M., Professor of Defense and Joint Processes at the U.S. Army War College, "National Military Strategies: 1990 to 2007", National Security Policy and Strategy, Ed. Bartholomees, June, http://www.dtic.mil/cgi-bin/GetTR Doc?AD=ADA48268826Location=U226doc=GetTRDoc.pdf)
CONCLUSION The National Military Strategy is the keystone document of an overarching strategic planning system AND important in today’s volatile, uncertain, complex and ambiguous global security environment.
NMS can effectively cause shapes operational planning, resource allocation, and future defense planning
Should not the National Military Strategy provide this "strategic pull’? Is the Joint AND planning, and programming for the military 20 years from now begins today.
NMS shapes policy – civilian leadership will be influenced
Meinhart 8 - prof of Defense and Joint Processes @ Army War College (Richard M., "National Military Strategies: 1990 to 2007," in "National Security Policy and Strategy," Ed. by J. Bartholomees, p.86, June, RG)
The Chairman’s strategic planning system integrates the processes and documents of the people and organizations AND guard, and reserve forces and total defense outlays of 24572B.4
4
CMR is high now – all of Obama’s decisions occur within a consultative framework
Shane 12 – Leo Shane III, as worked at Stars and Stripes since 2004, covering Capitol Hill and the White House. His beats include legislation affecting military policy and veterans issues. His work also includes overseas coverage of military operations in Afghanistan, Iraq, Chile and Ecuador. In 2010, Shane was part of a team of reporters who received a Polk Award and a National Headliner Award for stories that revealed the military’s practice of profiling journalists in Afghanistan in an attempt to steer coverage of the war. ~10/15, http://www.stripes.com/where-they-stand-obama-on-foreign-policy-military-and-vets-issues-1.193169~~gw That’s why President Obama, in consultation with our military and civilian leadership, made AND that it maintains the United States as the strongest military in the world.
Changes to war powers cause massive backlash to the military
Klare 2009 – professor of peace and world security studies at Hampshire College, defense correspondent for The Nation (4/15, Michael, The Nation, "The Gates Revolution", http://www.thenation.com/doc/20090504/klare, WEA)/rob
The preliminary Defense Department budget announced by Defense Secretary Robert Gates on April 6 represents AND with a well-equipped adversary, will take a decidedly secondary role. The budget message does not lay out this shift in broad strategic language. Rather AND Army’s Future Combat System, an ensemble of futuristic tanks and armored vehicles. The proposed cancellation or termination of these and other multibillion-dollar programs has provoked a firestorm of criticism from lobbyists, promilitary organizations, Congressional hawks and members of Congress whose districts will suffer manufacturing losses if the systems are cut. Major media outlets have fed the flames by portraying Gates’s overhaul as a set of massive spending cuts, even though spending would increase by 4 percent. As the debate proceeds, the cancellations will no doubt generate most of the Congressional skirmishes and headlines. But far more important from a strategic perspective are the programs Gates wants to add or augment. These include Predator drones, sensor-equipped turboprop planes, conventional helicopters, the littoral combat ship (LCS) and expanded Special Operations capabilities—mostly low-tech systems intended for use in counterinsurgency or low-intensity environments. These programs are far less costly than the super-sophisticated weapons Gates seeks to AND we are most likely to face in the years ahead," he declared. The similarities between Gates’s proposals and the strategy adopted by the Kennedy administration are too AND of force and therefore a new and wholly different kind of military training." After the tragedy of Vietnam, officers purged military thinking of its counterinsurgency leanings and AND doing right now so successfully in both Iraq and Afghanistan," he said. The ghosts of Vietnam are everywhere in Gates’s budget request and in his accompanying statements AND on training and equipping foreign soldiers to engage in counterterror and counterinsurgency operations. The most immediate requirement for these initiatives, Gates says, is to be found AND intensity wars are the principal arenas in which US forces will be engaged. Gates has not said where, exactly, he sees troops fighting what could be AND like Mali, Chad and Somalia hint at what might be in store. Gates is too careful to speak in public of such scenarios. But by optimizing capabilities for combat in these settings, he risks inculcating a predisposition to engage in more wars of this type. It is essential, then, that Congress and the public devote as much attention to the strategic implications of Gates’s focus on counterinsurgency as to the economic and jobs implications of eliminating certain big-ticket weapons systems.
Irregular warfighting prevents failed states and conflicts from erupting in the Caucasus, Balkans, Pakistan, Afghanistan, Southeast Asia, Canada and environmental destruction
The most devastating foreign attack in American history was planned and carried out at the AND in control of many states where such governments do not now exist."10
5
Kerry is pushing Indian cooperation on climate change now, but there’s resistance—key to modeling. The impact is extinction
Diplomatic capital is finite—each new issue trades off
Anderson and Grewell 2—Terry, prof @ Montana State; J. Bishop, associate @ Property and Environment Research Center ~http://www.perc.org/pdf/ps20.pdf~~ab Greater international environmental regulation can increase international tension. Foreign policy is a bag of AND our allies, securing vital resources, and ensuring access to foreign economies."
Douglas 12 – William, Boston Herald ~6/24/12, Boston Herald, "Obama asserts presidential powers he once spoke out against," http://www.bostonherald.com/news/-http://www.bostonherald.com/news/ us_politics/view/20120624obama_asserts_presidential_powers_he_once_spoke_out_against/~ President Barack Obama is starting to channel his inner Cheney. For years, Obama AND "The Cult of the Presidency: America’s Dangerous Devotion to Executive Power."
The plan undermines the president’s ability to effectively respond to crises
Yoo 6 – a visiting scholar at AEI ~John, July 7, The High Court’s Hamdan Power Grab, http://www.aei.org/publications/filter.all,pubID.24630/pub_detail.asp, Accessed August 3, 2006~gw Long-standing U.S. practice recognizes that the president, as commander AND blocked—giving him the flexibility to wage a successful war on terrorism.
Presidential weakness emboldens adversaries – that triggers multiple scenarios for conflict
South China Morning Post 2k ~"Position of Weakness" 12-11-00, p. L/N~ A weak president with an unclear mandate is bad news for the rest of the AND the world needs the United States to use its power deftly and decisively.
Conflict over Taiwan causes nuclear war
Glaser 11 – Charles, George Washington University Political Science Professor ~"Will China’s Rise Lead to War? ", Foreign Affairs, Mar/April 2011, Vol. 90, Issue 2, EBSCO~gw THE PROSPECTS for avoiding intense military competition and war may be good, but growth AND military efforts and a general poisoning of U.S.-Chinese relations.
7
Test Case Fiat is a Voting Issue Congress has the power to generate legislation, but the Court is a reactive body – it has to wait for a case to be presented to it – proves they’re an abusive, contrived form of fiat – and, that means they don’t solve Molin 9 – Teo, writer at HUMAN EVENTS, member of the National Journalism Center ~Jun 27, http://www.humanevents.com/article.php?id=32462~~cn The Supreme Court can’t pass legislation; it can’t draft bills and it can’t issue AND rights of Americans at the federal level, as granted by the Constitution. We lose predictable ground: If there’s no test case about the aff, the Court isn’t an opportunity cost that’s responded to in the literature – even if agent affs are good, they should meet this minimum threshold The CP rules sua sponte – takes out their solvency (and links to politics) Milani 2 – Adam, PROFESSOR, MERCER UNIVERSITY SCHOOL OF LAW; J.D., DUKE ~"PLAYING GOD: A CRITICAL LOOK AT SUA SPONTE DECISIONS BY APPELLATE COURTS," Tennessee Law Review, Vol. 69~cn The rule that points not argued will not be considered is more than just a AND themselves, not the decision maker, determine what issues will be adjudicated.
Inherency
Even though Congress and the Executive can act without a written opinion but a judicial opinion without a reason why makes the decision non-binding
John Eastman 2006 Eastman, Prof. Law @ Chapman and Director Claremont Con. Law Center., 06 (Phd, JD, John, Summer, 54 Drake L. Rev. 831) Freed of Coke’s understandable concern with self-preservation, we have the luxury of AND on the strength of the arguments marshaled in support of the judicial decree.
The courts can’t solve – empirically, Congress and the executive will ignore or circumvent the court
Akram 13 – Susan M. Akram, a School of Law clinical professor of law and former executive director of Boston’s Political Asylum/Immigration Representation Project ~5/28, http://www.bu.edu/today/2013/gitmo-the-legal-mess-behind-the-ethical-mess/~~gw How could the detention center be legal at all if Congress has blocked funding for AND have the legal status of the detainees determined by a "competent tribunal."
CP ends a long precedent of judicial non-interference in foreign affairs – destroys SOP
Clark 96 – Bradford R., Associate Professor of Law at George Washington University Law School ~April, "Federal Common Law: A Structural Reinterpretation," University of Pennsylvania Law Review, LN~bg The Court’s approach has merit. The Constitution vests exclusive authority over foreign affairs in AND formulation" appears necessary to preserve the political branches’ power over foreign relations.
Reject violations of SOP because they violate individual autonomy – ensures nuclear war
Redish 91 – Martin, Professor of Law and Public Policy at Northwestern ~41 Duke L.J. 449~cn In any event, the political history of which the Framers were aware tends to AND be forced into the position of saying, "I told you so."
Court action collapses business conficence
Woellert 5 – Lorraine, Legal Correspondent, Business Week ~10-16, Lexis~cn Roberts already has disappointed them. "Judges take a more practical and pragmatic approach AND that often made their 9-to-5 workday a little easier.
That collapses the economy
Braithwaite 4 – John, Australian Research Council Federation fellow, and chair of the Regulatory Institutions Network ~Mar, The Annals of The American Academy of Political and Social Science, 592 Annals 79, p. l/n~ The challenge of designing institutions that simultaneously engender emancipation and hope is addressed within the AND , a neglect that continues to this day (see also Barbalet 1993).
The Court can’t rule without a test case
Krimbel 89 – Rosemary, JD at Chicago-Kent College of Law ~65 Chi.-Kent L. Rev. 919, lexis~cn Indeed, the Court hears only a small proportion of the thousands of cases that AND doctrines comport with the Court’s duty to avoid constitutional questions unless necessary. 162
Civilian trials don’t solve anything – we’ll just detain them abroad
Jacob 12 – Greg, Partner at O’Melveny 26 Myers in Washington, D.C, and Policy Director at the Service Women’s Action Network ~"Detention Policies: What Role for Judicial Review?", October 2012, http://www.abajournal.com/magazine/article/detention_policies_what_role_for_judicial_review/~~gw The government created the detention facility at Guantanamo Bay so that it would have a AND intelligence-gathering that are inevitably caused by repeatedly being dragged into court.
BP
Consequentialism is best – the tunnel vision of moral absolutism generates evil
Isaac 2 – Jeffrey, Professor of Political Science at Indiana University ~Spring, Dissent, vol. 49, no. 2~cn Power is not a dirty word or an unfortunate feature of the world. It AND not true believers. It promotes arrogance. And it undermines political effectiveness.
Biopower is inevitable and inescapable
Dula 1 – Peter, Historic Peace Churches Consultation, Bienenberg, Switzerland ~http://www.peacetheology.org/papers/dula.html~~cn Global capital operates on all registers of the social order. It is the pinnacle AND more elusive than Hardt and Negri’s condemnation (or Falk’s approval) suggests.
Biopolitics can be positive or negative and aren’t the overriding root cause of political problems
Lemke 9 – Thomas, M.A. (Political Science, Sociology, 26 Law) ~http://www.thomaslemkeweb.de/engl.20texte/A20Zone3.pdf~~cn By concentrating on questions of law and the figure of the sovereign ban, Agamben AND mechanisms operating beneath or beyond the law (see also Bröckling 2003).7
No risk of mass murder – biopower in democracies checks totalitarianism – turns their impact
Dickinson 4 – Edward Ross, Ph.D., Professor of History at UC Berkeley ~"Biopolitics, Fascism, Democracy: Some Reflections on Our Discourse About "Modernity," Central European History, vol. 37, no. 1, 1–48~cn In short, the continuities between early twentieth-century biopolitical discourse and the practices AND of biopolitics, the only end point of the logic of social engineering.
And, violence outweighs biopower
Bevir 99 – Mark, Reader in Political Theory @ U. Newcastle ~Feb, Political Theory~cn Perhaps we might say, therefore, that power or pastoral-power recognises the AND i.e., that which constitutes the very matter of ethics."32
Biopolitics check state power and increase life’s value
Parry 5 – John T., professor at Lewis 26 Clark Law School ~Winter, 9 Lewis 26 Clark L. Rev. 853, LEXIS~cn My basic assertions are that the ills laid at the feet of biopolitics are not AND Beyond that, and what the future will bring, who can say?
Biopower doesn’t produce "bare life" – its aim and effect is to sustain life
Ojakangus 5 – Mika, Ph.D., Helsinki Collegium for Advanced Studies ~"Impossible Dialogue on Bio-power" http://www.foucault-studies.com/no2/ojakangas1.pdf~~cn Moreover, life as the object and the subject of bio-power given that AND life, by fostering and generating "forms-of-life".50
Biopower is positively correlated with democracy, and negatively with totalitarianism
Dickinson 4 – Edward Ross, Ph.D., Professor of History at UC Berkeley ~"Biopolitics, Fascism, Democracy: Some Reflections on Our Discourse About "Modernity," Central European History, vol. 37, no. 1, 1–48~cn At its simplest, this view of the politics of expertise and professionalization is certainly AND politics; the opposite seems in fact to be at least equally true.
Human rights preserve moral agency – no risk of their bare life impact
No impact – Foucault purposely exaggerated the threat of biopower
Johnson 1 – James, Professor of Political Science at Rochester ~Aug, Political Theory pg. 574 ~cn By contrast, one might argue that Foucault’s fictions are purposeful misrepresentations, that while AND or perhaps actually foil intrusions of power in diverse areas of social relations.
Agamben’s bare life glosses over important distinctions between totalitarianism and democracy – it undermines the struggles of oppressed groups everywhere
Deranty 4 – Jean-Phillipe, Philosophy Prof. @ Macquarie University ~Borderlands Vol. 3 ~23 1 "Agamben’s Challenge to normative theories…"~cn Consistent with this foundationalist essentialism, Agamben does not restrict indistinction to the conceptual or AND and of depriving itself of a major weapon in the struggle against oppression.
Their impacts assume absolutist biopolitics – this isn’t how modern societies work
Rabinow 26 Rose 6 – Paul, Department of Anthropology, university of California Berkeley and Nikolas, Dept. of Sociology, London School of Economics and Political Science ~Biosocieties 1.2, "Biopower Today"~gw For Agamben, sovereignty also has something of a sacred form—the ancient ritual AND
Braudel and Labrousse, 1976; Le Goff, 1980, 1990).
10/21/13
1NC vs GSU NS
Tournament: UGA | Round: 4 | Opponent: Georgia State Nails-Stewart | Judge: Holland Ptx
Immigration will pass, but Obama’s PC is key
Rogers 1/30 – Alex, TIME ~http://swampland.time.com/2014/01/30/immigration-reform-house-gop-republican-principles/~~gw House Republican leaders on Thursday proposed giving undocumented immigrants a path to legal status if AND look forward to working with all parties to make immigration reform a reality." The president will expend capital to try to preserve his power Berman 10 – Emily, Counsel in the Liberty and National Security Project at the Brennan Center for Justice at NYU School of Law ~"Executive Privilege Disputes Between Congress and the President: A Legislative Proposal", http://www.albanygovernmentlawreview.org/Articles/Vol03_2/3.2.741-Berman.pdf~~gw But after Watergate, only a handful of executive privilege disputes have reached and been AND kind. These negotiations are o f ten relatively uneventful and without rancor.
U.S. is rapidly losing its nanotech leadership – immigrants key to solve
U.S. leadership is key to developing safety measures – the impact is extinction
Bailey 3 – Ronald, Fellow in Environmental Journalism at the Competitive Enterprise Institute; Lecturer at Harvard, MIT ~Dec, http://reason.com/archives/2003/12/01/the-smaller-the-better/2~~cn The second nanotechnology risk that worries ETC Group activists is runaway self-replication. AND made on purpose using very sophisticated technologies that would take years to develop. T
PMCs aren’t armed forces
Cameron 6 – Lindsey, Doctoral candidate in the Faculty of Law at the University of Geneva. She is a research and teaching assistant at the University of Geneva and the University Centre for International Humanitarian Law. ~September, http://www.icrc.org/eng/assets/files/other/irrc_863_cameron.pdf p. 11~ ap The first means by which PMC employees may qualify as combatants – which corresponds inversely AND that private military companies are nonetheless members of a state’s armed forces.42
Vote Neg
Ground – they deny us core neg ground, such as US armed forces good and the PMC shift DA
Limits – they justify infinite affs restricting third party groups hired by the US
Prefer international definitions because they’re key to real-world education on war powers
Independently, they’re extra topical because only some are incorporated within armed forces. This de-justifies the resolution, explodes limits, and kills neg ground as the aff can do a topical plan PLUS something else and claim advantages on that extra part.
DA
Obama’s needs to appear unpredictable to make the Asia Pivot credible
Plan spills over to all Congressional decision-making
Paul 8—Christopher, RAND Graduate School ~"US Presidential War Powers: Legacy Chains in Military Intervention Decisionmaking"~rmm Finegold 26 Skocpol (1995: 222) describe policy legacies: Past and present AND law (see the extended ex ample presented later in the article).1
Text – The Chair of the Joint Chiefs of Staff of the United States should issue a national military strategy, and corresponding strategic concept focused on implementation, that amending the Federal Activities Inventory Reform Act of 1998 such that inherently governmental functions include high risk activities is necessary to achieve that national security goals of the United States. We’ll clarify.
Competes – the CP doesn’t mandate the plan. It issues a recommendation that results in policy change.
Solves – NMS is a keystone document that shapes military policy – it integrates consultation between Congress and the DOD, building broad support for the plan
Meinhart 8 (Dr. Richard M., Professor of Defense and Joint Processes at the U.S. Army War College, "National Military Strategies: 1990 to 2007", National Security Policy and Strategy, Ed. Bartholomees, June, http://www.dtic.mil/cgi-bin/GetTR Doc?AD=ADA48268826Location=U226doc=GetTRDoc.pdf)
CONCLUSION The National Military Strategy is the keystone document of an overarching strategic planning system AND important in today’s volatile, uncertain, complex and ambiguous global security environment.
NMS can effectively cause shapes operational planning, resource allocation, and future defense planning
Should not the National Military Strategy provide this "strategic pull’? Is the Joint AND planning, and programming for the military 20 years from now begins today.
Internal NB –
The CP facilitates inclusion of the JCS in military policy —- this is crucial to rebalance CMR
Gibson ’8 – PhD @ Cornell Univ. (Christopher P., "Securing the State: Reforming the National Security Decision-making Process at the Civil-Military Nexus," p.106-112, RG)
At this point the argument moves from the theoretical to the practical and to the AND The US needs an update to the Goldwater-Nichols legislation of 1986. The top military leaders in the respective services, the members of the JCS, AND replace the currently existing billet of Chairman, Joint Chiefs of Staff.12
CMR relations challenging – need to untangle in order to fight irregular wars
Patrick Cronin (senior vice president and director of studies, CSIS) 2008. "Irregular Warfare: New Challenges for Civil-Military Relations" CSIS. http://smallwarsjournal.com/documents/iwcivmilrelations.pdf Success in the highly political and ambiguous conflicts likely to dominate the global security environment AND to shore up this longstanding tradition among both the leadership and the ranks. A third significant challenge is how to forge integrated strategies and approaches. Professional relationships, not organizational fixes, are vital to succeeding in irregular war. In this sense, the push for new doctrine for the military and civilian leadership is a step in the right direction to clarifying the conflated lanes of authority.
Irregular warfighting is key to prevent escalation from inevitable conflicts – accesses every impact
The study predicts future U.S. forces’ missions will range "from regular AND based on the serious implications for homeland security alone," said the report.
K
Desire to withdraw PMC’s is synonymous with a desire to return security to the state, this must be rejected, instead privatization can be used to catalyze an overthrow of security at the level of academia Neocleous 2008 (Mark is a Professor of the Critique of Political Economy; Head of Department of Politics 26 History, he joined Brunel University in the Department of Government in 1994. Since then he has published numerous books and articles. His most recent work has been towards the development of a critique of security. "CRITIQUE OF SECURITY" 2008. Pg. 159-160, MT) (Vanderbilt BM does not endorse the use of abelist language present in the card)
Moreover, to think of these issues in terms of the idea of ’privatisation’ runs the risk of implying that we need to resist such privatisation and ’return’ security to its supposedly ’natural’ home and guardian, namely the state. But this is a serious mistake. Rather than ’return’ security to the state, we need to resist the security fetish per se, for it is partly this that blinds~sic~ us to the ways in which we might intervene against the forms of domination and exploitation that take place under the label of security. This is what cannot be grasped in thinking about security in terms of its ’privatisation’, but can be grasped in terms of the critique of security. If the movement against capital is a movement against fetishism, as it must be, then it must set as one of its targets the current fetishism surrounding security. In so doing it must aim at the combined overthrow of the security industry and the security state. Such an overthrow, central to the critique of security, will, however, also have to tackle the extent to which the ideology of security has dominated modern thought, most notably in the key institution of intellectual labour, the university.
This feeds an endless cycle of enemy creation and identity formation
Wendt 1992 – the Ralph D. Mershon Professor of International Security at Ohio State, also professor at Yale, Dartmouth, and University of Chicago (Alexander, "Social theory of international politics", pages 261-266, Google Books, WEA)
Enemy images have a long pedigree, and some states continue to position each other AND geography’s significance is itself subject to material changes in technology (nuclear weapons).
Reject the aff. We must challenge the linguistic blackmail of security by creating space for refusal
Burke, 02 ("Aporias of Security" PhD, Anthony Burke was appointed to UNSW@ADFA in February 2008, after three years in the School of Social Sciences and International Studies at UNSW Sydney (2005-7), Alternatives vol 27 (2002)).
It is perhaps easy to become despondent, but as countless struggles for freedom, AND is a world after security, and what its shimmering possibilities might be.
Assumptions are a prior issue.
Crawford 2002 Neta,PhD MA MIT, BA Brown, Prof. of poli sci at boston univ. Argument and Change in World Politics, p. 19-21 Coherent arguments are unlikely to take place unless and until actors, at least on AND entrepreneurs without serious political wrangling." Hence framing is a meta-argument. Structural Violence
PMC’s key to war on terrorism.
Smith 4 – Richard Victor, University of Western Ontario ~"Can Private Military Companies replace Special Operational Forces?" http://www.cda-cdai.ca/cdai/uploads/cdai/2009/04/smith04.pdf~~ Combating Terrorism Similar to counterproliferation, combating terrorism also makes use of PMCs to augment AND , force protection, consequence management, and non-military services."44
No solvency—Their Snell evidence says truck drivers commit violence—plan doesn’t affect them
Consequentialism is key to ethical policymaking
Isaac 2 – Jeffrey, Professor of Political Science at Indiana University ~Spring, Dissent, vol. 49, no. 2~cn Power is not a dirty word or an unfortunate feature of the world. It AND not true believers. It promotes arrogance. And it undermines political effectiveness.
Maximizing lives is the only way to affirm equal and unconditional human dignity
Cummiskey 96 – David, Associate Professor of Philosophy at Bates College ~Kantian Consequentialism, http://www.scribd.com/doc/12849959/Cummiskey-Kantian-Consequential-Ism~~cn We must not obscure the issue by characterizing this type of case as the sacrifice AND equal consideration suggests that one may have to sacrifice some to save many.
Value to life is subjective – it exists as long as people are alive
Paterson 3 – Craig, Ph.D., Director of BioEthic World "A Life Not Worth Living?" Studies in Christian Ethics, Vol. 16, No. 2, pp. 1-20 Appeals to a thoroughgoing quality assessment of life’s worth can be further demonstrated by mentioning AND to de facto self-assessment for the further determination of meaningful value.
And, death can’t be preferred because it ends the opportunity to improve, and we don’t know what it is
Extinction outweighs – value to life is limited and reclaimable
Nye 86 – Joseph S., Jr., professor of government at the Kennedy School of Government at Harvard University, Fellow of the American Academy of Arts and Sciences, former chair of the National Security Council Group on Nonprolif ~Nuclear Ethics, p. 65~cn The equal access approach assumes that each generation would wish to make the tradeoffs for AND generation. It is not a cause of injustice to a future generation.
Their assumption that realism valorizes a conflictual understanding of human behavior is false – The neg’s epistemology is fundamentally bankrupt and has no way of explaining the world
Murray, 97 - Politics Department, University of Wales Swansea (Alastair, Reconstructing Realism, p. 190-193) ¶ This critique of realism thus leads inevitably to the formulation of a feminist alternative AND , oblivious of the damage which this conceptual mugging does to their utility.
The argument that structural violence causes violence is an unprovable tautology
Paris 1 – Roland, Professor of Political Science and International Affairs at the University of Colorado, Boulder ~Fall, International Security~cn For those who study, rather than practice, international politics, the task of AND , if human security means almost anything, then it effectively means nothing. Solvency
Squo solves- PMCs are being regulated successfully now
Lendman 10 – Stever, MA @ Harvard ~January 19, Steve Lendman Blog~ The 2008 Montreux Document is an agreement obligating signatories with regard to their PMCs in AND operating secretly outside the law - for the Pentagon as an imperial tool.
Scenario planning with extinction impact scenarios spurs people to create solutions to prevent extinction – empirically proven
Terdiman 8 – Daniel, writer for CNET News ~Oct 28, http://news.cnet.com/8301-13772_3-10076796-52.html~~cn If you knew the human race was facing imminent extinction, what would you do AND "It was serious, and reflects what people are thinking about today."
Expert predictions are empirically very accurate – rejecting predictions is itself a prediction, and it ensures elite manipulation
Fitzsimmons 7 – Michael, defense analyst ~Winter, "The problem of uncertainty in strategic planning," Survival, 48:4, 131 - 146~cn Finally, the planning for post-war operations in Iraq offers another perspective on AND in this instance became a rationale for rigidity in planning rather than flexibility.
2/1/14
1NC vs GW
Tournament: JMU | Round: 2 | Opponent: GW | Judge: Will Scott
framework
A) The framework—only vote aff for benefits of plan implementation. They can justify that plan however they want, but floating Ks of disads or value statements only apply with a causal link from the plan.
B) Reject the team—
Stasis—the plan is a the only stable point of clash, shifting to general criticism lets them pick the focus and prevent engagement on a core target. It hurts neg ground since they can shift the meaning of the plan from "an epistemic lens" to "a way of viewing the world" instead of action.-
Main Entry: sub•stan•tial 1 a: consisting of or relating to substance b: not imaginary or illusory : real, true c: important, essential
3. Turns case and destroys the meaning of critical theory FEAVER 2001 (Peter, Asst. Prof of Political Science at Duke University, Twenty-First Century Weapons Proliferation, p 178)
At the same time, virtually all good theory has implications for policy. Indeed AND . Happily, the best work in the proliferation field already does so.
Third—social progress—their project fails without concrete policy guiding it Feaver 2001 – assistant professor of political science at Duke (Peter, "Twenty-first century weapons proliferation", p. 178)
At the same time, virtually all good theory has implications for policy. Indeed AND . Happily, the best work in the proliferation field already does so.
The impact is war Hanson 2007 (Victor Davis Hanson, Professor of Classics at CSU Fullerton, "Why Study War?" City Journal, Summer)
It’s no surprise that civilian Americans tend to lack a basic understanding of military matters AND have learned from the past, have a moral obligation to stop them.
4. Independently—if they shift explanation vote them down, with or without framework we can’t debate when the role of the plan shifts. They had 9 minutes to explain this stuff, if it wasn’t clear by then don’t help them out.
And, their strategy allows vague shifting which conceals weaknesses and results in manipulation that turns their impact Galles 2009 (Gary, Professor of Economics at Pepperdine, "Vagueness as a Political Strategy," March 2, http://blog.mises.org/archives/author/gary_galles/)
The problem with such vagueness is that any informed public policy decision has to be AND , it virtually ensures bad policy, if Americans’ welfare is the criterion.
Their vagueness justifies worse counterplans like "put them on the congressional floor." Absent a clear strategy, vagueness kills the affirmative because the mechanism isn’t key.
CP
The United States Executive Branch, through an executive order, should mandate all detainees be transferred to the White House at 1600 Pennsylvania Ave Northwest, Washington. All instances of "enhanced interrogation" must take place in the White House’s rose garden.
XOs are equivalent to Congressional laws
Fox 8 – Jeffrey, Ph.D., Professor of Political Science at Catawba College ~Acc. Aug 17, 2011, http://thisnation.com/question/040.html~~cn Executive Orders (EOs) are legally binding orders given by the President, acting AND Executive Branch agencies and departments, often in the form of Executive Orders.
Doesn’t link to politics
Sovacool and Sovacool 9 – Dr. Benjamin K. Sovacool is a Research Fellow in the Energy Governance Program at the Centre on Asia and Globalization, Sovacool is a Senior Research Associate at the Lee Kuan Yew School of Public Policy at the National University of Singapore ~Preventing National Electricity-Water Crisis Areas in the United States, Columbia Journal of Environmental Law~ Executive Orders also save time in a second sense. The President does not have to expend scarce political capital trying to persuade Congress to adopt his or her proposal. Executive Orders thus save presidential attention for other topics. Executive Orders bypass congressional debate and opposition, along with all of the horsetrading and compromise such legislative activity entails.
Ptx
Compromise will occur on the debt ceiling now, but Obama’s PC is key
Merlini 11 – Cesare Merlini, nonresident senior fellow at the Center on the United AND nuclear non-proliferation, with particular focus on nuclear science and technology. ~A Post-Secular World? DOI: 10.1080/00396338.2011.571015 Article Requests: Order Reprints : Request Permissions Published in: journal Survival, Volume 53, Issue 2 April 2011 , pages 117 - 130 Publication Frequency: 6 issues per year Download PDF Download PDF (357 KB) View Related Articles To cite this Article: Merlini, Cesare ’A Post-Secular World?’, Survival, 53:2, 117 – 130~gw 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.
Extinction outweighs – it ends all future life and potential and renders current successes obsolete
Matheny 7 – Jason, Department of Health Policy and Management, Bloomberg School of Public Health, Johns Hopkins ~"Reducing the Risk of Human Extinction," Risk Analysis, Vol. 27, No. 5~cn Discussing the risks of "nuclear winter," Carl Sagan (1983) wrote: AND on the extinction risks we face and the costs of mitigating them.20
T
Restrictions are prohibitions on action —- the aff is just moving the detainees
Schiedler-Brown 12 – Jean, Attorney, Jean Schiedler-Brown 26 Associates ~Appellant Brief of Randall Kinchloe v. States Dept of Health, Washington, The Court of Appeals of the State of Washington, Division 1, http://www.courts.wa.gov/content/Briefs/A01/68642920Appellant20Randall20Kincheloe27s.pdf~~ 3. The ordinary definition of the term "restrictions" also does not include AND some supervision conditions, but he did not agree to restrict his license.
Vote neg—-
Only prohibitions on authority guarantee neg ground—-their interpretation lets affs no link the best neg offense like deference
Precision—-only our interpretation defines "restrictions on authority"—-that’s key to adequate preparation and policy analysis
K
The 1AC is a paradigmatic example of humanist cultural criticism – this perpetuates speciesism and dooms them to failure
Deckha 6 – Maneesha, UC Hastings College of the Law http://www.animallaw.info/articles/arus17hstwlj1.htm Cultural critics have painstakingly demonstrated the social constructedness of sexual, gender, and racial AND on the continued merit of a property status of non-human animals.
This strategy is not innocent – rather, it reflects a specific form of affected ignorance, which is culpable in sustaining and promoting speciesism
Williams 8 – Nancy, Philosopher at Wofford College ~"Affected Ignorance and Animal Suffering" Journal of Agricultural and Environmental Ethics (2008) 21:371-384~ Affected ignorance, the phenomenon of people choosing not to investigate whether some practice in AND of knowledge, that which propels individuals to refrain from further moral inquiry.
Speciesism makes possible "systematic beastilization," which justifies non-criminal putting to death of the Other – this is the root cause of all oppression
Rossini 6 – Manuela, Postdoctoral Fellow at Amsterdam School for Cultural Analysis ~Sept, "To the Dogs: Companion speciesism and the new feminist materialism," Kritikos, Volume 3, http://intertheory.org/Rossini~~cn What is equally sobering, however, is the fact that the most radical metaposthumanists AND means limited to its overwhelmingly direct and disproportionate effects on animals.~26~
The alternative is to vote negative to reject speciesism by critically reorienting ourselves against the 1AC. Our creation of a space for reflection is a key step in ending non-human oppression.
Williams 8 – Nancy, Philosopher at Wofford College ~"Affected Ignorance and Animal Suffering" Journal of Agricultural and Environmental Ethics (2008) 21:371-384~ Epistemological and moral tensions such as these, however, can be the impetus for AND be fully informed about modern factory farming practices (and subsequent animal suffering).
You have a moral obligation to vote negative to affirm a moral universe where nonhumans are treated with dignity and respect
Katz 96 – Eric, professor of philosophy and director of the Science, Technology, and Society Program at the New Jersey Institute of Technology; one of the founders of environmental ethics ~Nature as Subject, pp. 9-10~cn This analysis of certain problems in an indirect utilitarian argument for the preservation of objects AND who wish to avoid the easy, self-defeating trap of utilitarianism.
Case
Deconstruction only reinforces the institutional barriers to solvency
Kassiola 90 – Joel Jay, Dean of the College of Behavioral and Social Sciences, San Francisco State University ~The Death of Industrial Civilization, p. 159~cn Transformational or revolutionary action will be difficult to mobilize— let alone implement—without AND action has been in creating a new—and supposedly better—civilization.
Lack of a positive alternative fails and leads to marginalization
Walt 98 – Stephen, Prof of IR at Harvard University ~Foreign Policy Is 110, "International Theories: One World, Many Theories"~cn As marxism succumbed to its various failings, its mantle was assumed by a group AND they remained a self-consciously dissident minority for most of the 1980s.
Our simulations do correspond to reality – and they’re key to generating momentum for real change
Marsh 95 – James, Professor of Philosophy, Fordham University ~Critique, Action, and Liberation, pp. 292-293~cn Such an account, however, is as one-sided or perhaps even more AND , and on media such as movies, television, and radio.7
Simulation generates new possibilities and leads to personal change, empowerment, and growth
Innes 99 – Judith, Professor at UC Berkeley; Institute of Urban and Regional Development ~Winter, Journal of the American Planning Association, Vol. 65, Iss. 1~cn Our observation and practice of consensus building suggests that the analogy to role-playing AND entertaining and-when conducted effectively-in some fundamental sense empowers individuals.
No impact – the human subject is resilient
Best 89 – Dr. Steven, Prof @ the University of Texas El Paso March, http://www.ejumpcut.org/archive/onlinessays/JC34folder/RobocopBest.html ROBOCOP seems intensely aware of our new "postmodern condition." It articulates the fear AND a corrupt world. The film preserves a moment of struggle and refusal.
Relegating human suffering to the realm of the sign and simulation is just disguised nihilism, which crushes the possibility for effective politics. Douglas Kellner, Phil. Chair @ UCLA, 1989, Jean Baudrillard, p. 107-8 Yet does the sort of symbolic exchange which Baudrillard advocates really provide a solution to AND privileges and one which provides an important feature attraction of the postmodern carnival.
Baudrillard’s criticism doesn’t move past modernism – instead it reentrenches it
Rojek 1993(Chris, Deputy Director, Theory, Culture 26 Society Centre , Professor of Sociology and Culture at Nottingham Trent University, Forget Buadrillard? Edited by Chris Rojek, pgs 109)
His lacerating nihilism, his readiness to prick any cause, his devotion to experience AND future’ does not transcend the political dilemma of modernism, it exemplifies it.
Multiple checks solve their exceptions impact
Heins 5 – Volker, Ph.D., political scientist, Senior Fellow at the Institute for Social Research in Frankfurt, Germany ~May, http://www.germanlawjournal.com/article.php?id=598~~cn The political/humanitarian divide is indeed a real one, but Agamben is inaccurate AND , which are to be applied without exception in all circumstances.~9~
States of exception are typically good – they stop political violence and encourage reform
Bull 5 – Malcolm, editor of the London Review of Books ~"State of Exception by Giorgio Agamben," pg. 104-114~cn This distorts Agamben’s argument at both a historical and a theoretical level. Missing from AND , and it is the body politic that becomes the defenceless homo sacer.
Agamben’s examples are inaccurate and offensive – this ensures the plan fails
Sanyal 2 – Debarati, Professor of French at UC Berkeley ~"A Soccer Match in Auschwitz: Passing Culpability in Holocaust Criticism," Representations, Issue 79, Caliber~cn Agamben’s claim for the continuing relevance of Levi’s gray zone transforms the aberrant event of AND of a continuous figurative soccer match) and the survivor-witnesses.17
Invoking biopolitics is a conversation-stopper – it just shuts down productive dialogue and can’t achieve any real change
Virno 2 – Paolo, grassroots activist and European philosopher ~http://www.generation-online.org/p/fpvirno2.htm~~cn Agamben is a problem. Agamben is a thinker of great value but also, AND are, in all cases, instruments of work and not propaganda words.
Alt doesn’t solve non-state biopolitics, which are the dominant form today
Lemke 9 – Thomas, M.A. (Political Science, Sociology, 26 Law) ~http://www.thomaslemkeweb.de/engl.20texte/A20Zone3.pdf~~cn Firstly, Agamben does not take into account that the site of sovereignty has been AND that are often only loosely associated with the formal organs of the state.
More ev.
Lemke 9 – Thomas, M.A. (Political Science, Sociology, 26 Law) ~http://www.thomaslemkeweb.de/engl.20texte/A20Zone3.pdf~~cn Agamben’s concept of biopolitics is marked by a second weakness that also demonstrates his excessively AND labour and the working process but from education, housing and social life.
bare life fails – it doesn’t account for internal hierarchies
Lemke 9 – Thomas, M.A. (Political Science, Sociology, 26 Law) ~http://www.thomaslemkeweb.de/engl.20texte/A20Zone3.pdf~~cn For Agamben the decision about life and death "no longer appears today as a AND a homogenous zone where differences collapse but a site where differences are produced.
Gotta have a plan—failure to have a concrete option we can debate against guarantees that oppression continues and efforts for change backfire
Restrictions on detention kill exec flex—key to prevent terrorism
Tomatz 13 – Michael, Colonel, B.A., University of Houston, J.D., University of Texas, LL.M., The Army Judge Advocate General Legal Center and School (2002); serves as the Chief of Operations and Information Operations Law in the Pentagon. AND Colonel Lindsey O. Graham B.A., University of South Carolina, J.D., University of South Carolina, serves as the Senior Individual Mobilization Augmentee to The Judge Advocate Senior United States Senator from South Carolina ~"NDAA 2012: CONGRESS AND CONSENSUS ON ENEMY DETENTION," 69 A.F. L. Rev. 1~gw Reading the tea leaves of judicial dicta may be fraught with difficulty, but one AND security concerns against the need to protect individuals from arbitrary deprivation of liberty.
Presidential flexibility is key to prevent WMD terrorism
Royal 11 – JOHN PAUL ROYAL, Institute of World Politics ~"War Powers and the Age of Terrorism," Center for the Study of the Presidency 26 Congress The Fellows Review, 2010-2011~gw Proliferation of weapons of mass destruction (WMD), especially nuclear weapons, into the AND changes, Congress possesses the intrinsic power to rescind and limit these powers.
Nuclear terrorism causes extinction
Morgan 9 – Dennis Ray, Hankuk University of Foreign Studies ~Dec, "World on fire," 41 South Korea Futures 10, 683-693~cn In a remarkable website on nuclear war, Carol Moore asks the question "Is AND , to a life of unimaginable misery and suffering in a nuclear winter.
Aff needs to specify the type of targeted killing restrictions
Ground- we lose process counterplan ground because permutation will solve any options since they don’t stick to a specific restriction.
Limits—They can claim non-topical restrictions in the block, which prevents us from challenging the aff with a specific T violation
Key to topic specific education—we can’t debate specific policy mechanisms because they could just shift out of whatever we press them on. Reason to reject the team
2
Iran sanctions won’t pass now – continued pressure from Obama is key – any sanctions tank a deal with Iran
Benen 1/17 – Steve, MSNBC ~http://www.msnbc.com/rachel-maddow-show/support-new-iran-sanctions-wanes~~gw As recently as last week, bipartisan congressional support for new sanctions on Iran, AND the Hill with phone calls and emails, voicing opposition to the bill. The president will expend capital to try to preserve his power Berman 10 – Emily, Counsel in the Liberty and National Security Project at the Brennan Center for Justice at NYU School of Law ~"Executive Privilege Disputes Between Congress and the President: A Legislative Proposal", http://www.albanygovernmentlawreview.org/Articles/Vol03_2/3.2.741-Berman.pdf~~gw But after Watergate, only a handful of executive privilege disputes have reached and been AND kind. These negotiations are o f ten relatively uneventful and without rancor.
Failure to get a deal ensures a nuclear Iran
Cohen 11/13 – Michael, fellow of the Century Foundation, author of Live from the Campaign Trail: The Greatest Presidential Campaign Speeches of the 20th Century and How They Shaped Modern America. ~http://www.theguardian.com/commentisfree/2013/nov/13/us-israel-relationship-strained-iran-nuclear-talks~~gw This is a dangerous game that if successful would not only create a fundamental breach AND to work in delaying Iran’s nuclear ambitions and would even further isolate Israel.
A nuclear Iran causes nuclear war
Kroenig 12 – Matthew Kroenig is Assistant Professor of Government at Georgetown University and a Stanton Nuclear Fellow at the Council on Foreign Relations ~February 22nd, 2012, "What Will Iran Do If It Gets a Nuclear Bomb?" www.theatlantic.com/international/archive/2012/02/what-will-iran-do-if-it-gets-a-nuclear-bomb/253430/-http://www.theatlantic.com/international/archive/2012/02/what-will-iran-do-if-it-gets-a-nuclear-bomb/253430/ A nuclear-armed Iran would pose a grave threat to international peace and security AND state and has nuclear weapons, which could be decades or even longer.
3
Text – The Chair of the Joint Chiefs of Staff of the United States should issue a national military strategy, and corresponding strategic concept focused on implementation, substantially increasing restrictions on the war powers authority of the President of the United States to conduct targeted killing is necessary to achieve that national security goals of the United States. We’ll clarify.
Competes – the CP doesn’t mandate the plan. It issues a recommendation that results in policy change.
Solves – NMS is a keystone document that shapes military policy – it integrates consultation between Congress and the DOD, building broad support for the plan
Meinhart 8 (Dr. Richard M., Professor of Defense and Joint Processes at the U.S. Army War College, "National Military Strategies: 1990 to 2007", National Security Policy and Strategy, Ed. Bartholomees, June, http://www.dtic.mil/cgi-bin/GetTR Doc?AD=ADA48268826Location=U226doc=GetTRDoc.pdf)
CONCLUSION The National Military Strategy is the keystone document of an overarching strategic planning system AND important in today’s volatile, uncertain, complex and ambiguous global security environment.
The CP facilitates inclusion of the JCS in military policy —- this is crucial to rebalance CMR
Gibson ’8 – PhD @ Cornell Univ. (Christopher P., "Securing the State: Reforming the National Security Decision-making Process at the Civil-Military Nexus," p.106-112, RG)
At this point the argument moves from the theoretical to the practical and to the AND The US needs an update to the Goldwater-Nichols legislation of 1986. The top military leaders in the respective services, the members of the JCS, AND replace the currently existing billet of Chairman, Joint Chiefs of Staff.12
CMR relations challenging – need to untangle in order to fight irregular wars
Patrick Cronin (senior vice president and director of studies, CSIS) 2008. "Irregular Warfare: New Challenges for Civil-Military Relations" CSIS. http://smallwarsjournal.com/documents/iwcivmilrelations.pdf Success in the highly political and ambiguous conflicts likely to dominate the global security environment AND to shore up this longstanding tradition among both the leadership and the ranks. A third significant challenge is how to forge integrated strategies and approaches. Professional relationships, not organizational fixes, are vital to succeeding in irregular war. In this sense, the push for new doctrine for the military and civilian leadership is a step in the right direction to clarifying the conflated lanes of authority.
Irregular warfighting is key to prevent escalation from inevitable conflicts – accesses every impact
The study predicts future U.S. forces’ missions will range "from regular AND based on the serious implications for homeland security alone," said the report.
4
Hoeven will attach the Keystone Pipeline to a must-pass bill
Fiat means the plan is a must-pass bill – that ensures Keystone gets attached and passed (even if it’s unpopular)
Wallace 12 – John W., writer and businessman ~Acc. Aug 19, 2012, Position Paper: Single Issue Legislation, http://www.nyoathkeeper.com/PositionPaper-SingleIssueLegislation.pdf~~cn For those unfamiliar with how legislation is passed in Congress, here’s a short example AND is almost certain to be approved, because the budget must be passed21
The Keystone will inevitably leak, destroying the Ogallala aquifer
Dembicki 10 – Geoff, journalist who reports on energy and climate change ~Jun 21, "Golf Disaster Raises Alarm about Alberta to Texas Pipeline," http://thetyee.ca/News/2010/06/21/AlbertaToTexasPipeline~~cn In a series of public hearings over recent weeks, farmers and ranchers have fretted AND a "quarter-size" hole into a Salt Lake City creek.
This causes depletion of the Great Lakes, triggering global water shortages and war
Rochester 2k – Rochester Democrat 26 Chronicle ~Feb 6~bg Those moves reflect a growing realization that water will become a rare and fought- AND won’t let you take their water. Without it they have no future."
These wars will go nuclear and kill millions
NASCA 4 – National Association for Scientific and Cultural Appreciation ~"Water shortages – only a matter of time," http://www.nasca.org.uk/Strange_relics_/water/water.html~~bg Water is one of the prime essentials for life as we know it. The AND ourselves with a nightmare situation for which there will be no obvious answer.
5
Engaging the state, even negatively, feeds its corrupt form.
Baudrillard 8 – Jean, author ~Present Considerations: The uncertainty of all value systems, journal of Baudrillard studies http://www.ubishops.ca/baudrillardstudies/vol5_1/v5-1-article2-petit.html~~ Baudrillard: The State and political power sit atop all this in a very, AND alternatives, false issues, in which we lose out come what may.
Investing our desire in the state gives it free reign to breed conflict and enslave populations—foreclosing creative engagement.
Robinson 10 – Andrew, author ~September 10, In Theory Why Deleuze (still) matters: States, war-machines and radical transformation, http://ceasefiremagazine.co.uk/features/ideas/in-theory-deleuze-war-machine/~~ ’Machinic enslavement’ occurs when assembled groups of social relations and desires, known in AND goal of these other connections – is already a victory against the system.
~Rob~ and I affirm that there should be increased restrictions on the war powers authority of the President of the United States to conduct targeted killing.
Refusing to act as if we are the government is the only way to solve the aff.
Kappeler 95 (Susanne is an associate professor at al-akhawayn university, "the will to violence: the politics of personal behavior", pg. 10-11
Which is why many of those not yet entirely disillusioned with politics tend to engage AND our values’ according to the structures and the values of war and violence.
Militarism
Realism is inevitable – the alt triggers great power wars
Mearsheimer 1 – John J., Prof. of Political Science at U Chicago ~The Tragedy of Great Power Politics, pp. 1-28~cn Alas, the claim that security competition and war between the great powers have been AND world as it is, not as we would like it to be.
Russia and China would fill in, which exacerbates every negative feature of imperialism
Don’t buy their root cause claims – proximate causes are key
Kanwisher 89 – Nancy, Professor at U Cal, Berkeley "Cognitive Heuristics and American Security Policy," Journal of Conflict Resolution, Vol. 33, No. 4 This predilection for causes that match their effects may explain a variety of theoretical tendencies AND a political problem, as though political problems necessarily must have political solutions.
No impact to state of exception – they stop political violence and encourage reform
Bull 5 – Malcolm, editor of the London Review of Books ~"State of Exception by Giorgio Agamben," pg. 104-114~cn This distorts Agamben’s argument at both a historical and a theoretical level. Missing from AND , and it is the body politic that becomes the defenceless homo sacer.
Agamben glosses over important distinctions between totalitarianism and democracy – it undermines the struggles of oppressed groups everywhere
Deranty 4 – Jean-Phillipe, Philosophy Prof. @ Macquarie University ~Borderlands Vol. 3 ~23 1 "Agamben’s Challenge to normative theories…"~cn Consistent with this foundationalist essentialism, Agamben does not restrict indistinction to the conceptual or AND and of depriving itself of a major weapon in the struggle against oppression.
Turn – drones increase emotional attachment to targets
Maley 85 – William, The University of New South Wales at Duntroon ~"Peace, Needs and Utopia", Political Studies, XXXIIl, 578-591, Political Studies~ The difficulties in Galtung’s approach can be seen clearly when one recalls his view that AND peace is a very unsatisfactory ideal against which to evaluate a social order.
Drones good – avoid boots on the ground
Con Coughlin 2013 (Drones are gruesome, but would we prefer boots on the ground?, 07 Feb 2013, http://www.telegraph.co.uk/ news/uknews/defence/9855577/Drones-are-gruesome-but-would-we-prefer-boots-on-the-ground.htmljoe) While the majority of drone patrols are reconnaissance missions, drones are also used to AND is easier to vaporise the enemy with a well-directed Hellfire missile.
Using drones instead of airstrikes decreases civilian causalities
Etzioni 13 ~Amitai Etzioni, professor of international relations at George Washington University, "The Great Drone Debate," March-April, http://usacac.army.mil/CAC2/MilitaryReview/Archives/English/MilitaryReview_20130430_art004.pdf~~ Other critics contend that by the United States using drones, it leads other countries AND have had to use bombs that would have caused much greater collateral damage.
Drones pilots face greater hurdles than traditional pilots
Strawser 10 (STRAWSER, B. (2010). Moral Predators: The Duty to Employ Uninhabited Aerial Vehicles. Journal Of Military Ethics, 9(4), 342-368. doi:10.1080/15027570.2010.536403) The argument that the ethical justification for UAVs is threatened if UAV¶ operators are AND damaging than the expected harm that¶ could come about via inhabited flights.
Drones inevitable USA action irrelevant
David Wood 2012 (American Drones Ignite New Arms Race From Gaza To Iran To China, Huffington Post, 27 November 2012, http://www.huffingtonpost.com/2012/11/27/american-drones_n_2199193.html) Obama administration officials have said they are weighing various options to codify the use of AND have to first stop science, and then business, and then war."
Chalk 8—Peter, senior political scientist at the RAND Corporation, correspondent for Jane’s Intelligence Review and associate editor of Studies in Conflict and Terrorism, adjunct professor at the Postgraduate Naval School in Monterey, California, and contractor for the Asia Pacific Center for Security Studies in Honolulu, Hawaii, and the United States Institute of Peace in Washington, D.C ~2008, http://www.rand.org/content/dam/rand/pubs/monographs/2008/RAND_MG697.pdf~~ab Attacks also have the potential to trigger a major environmental disaster, particularly if they AND a matter of time before pirates trigger an environmental disaster of this sort.
Loss of marine biodiversity renders the oceans defenseless – kills all life
Craig 3 – Associate Professor at Indiana University School of Law ~Robin Kundis, "Taking Steps Toward Marine Wilderness Protection", McGeorge Law Review, Winter, 34 McGeorge L. Rev. 155, p. 264-266, LN~ bg Biodiversity and ecosystem function arguments for conserving marine ecosystems also exist, just as they AND - even if a few fishers go out of business as a result.
Solvency
Extinction outweighs – it ends all future human life and potential and renders current successes obsolete
Matheny 7 – Jason, Department of Health Policy and Management, Bloomberg School of Public Health, Johns Hopkins ~"Reducing the Risk of Human Extinction," Risk Analysis, Vol. 27, No. 5~cn Discussing the risks of "nuclear winter," Carl Sagan (1983) wrote: AND on the extinction risks we face and the costs of mitigating them.20
Multiplying probability by magnitude is the only moral option
Yudkowsky 8 – Eliezer, Research Fellow and Director of the Singularity Institute for Artificial Intelligence ~Jan 22, http://lesswrong.com/lw/n3/circular_altruism/~~23comment-98330028~~cn Suppose that a disease, or a monster, or a war, or something AND cannot attain your full potential if you regard your gift as a burden.
Only calculation respects full inviolability and otherness
Williams 5 – Michael Charles, Professor of Philosophy at Johns Hopkins University and chair of the department ~The realist tradition and the limits of International Relations, p 165-167~cn Yet it is my claim that the willful Realist tradition does not lack an understanding AND act must go beyond deconstruction to consider viable alternatives and counter-practices.
Expert predictions are empirically very accurate – rejecting predictions is itself a prediction, and it ensures elite manipulation
Fitzsimmons 7 – Michael, defense analyst ~Winter, "The problem of uncertainty in strategic planning," Survival, 48:4, 131 - 146~cn Finally, the planning for post-war operations in Iraq offers another perspective on AND in this instance became a rationale for rigidity in planning rather than flexibility.
Best studies show that even a small scale nuclear war would lead to nuclear winter, cause massive climate change, and result in extinction
Robock 9 – professor of climatology at Rutgers University ~Alan, Department of Environmental Sciences at Rutgers and associate director of its Center for Environmental Prediction, "Nuclear winter," The Encyclopedia of Earth, 1-6-09, http://www.eoearth.org/article/Nuclear_winter, accessed 9-9-11~gw Nuclear winter is a term that describes the climatic effects of nuclear war. AND Earth’s surface, and then absorption of sunlight would further heat the smoke,
lifting it into the stratosphere, a layer where the smoke would persist for years AND for how much cooling would take place and how fast it would cool.
Fear of death maximizes life’s value and is key to prevent extinction
Beres 96 – Lois Rene, Ph.D., Professor of Political Science at Purdue U ~"No Fear, No Trembling Israel, Death and the Meaning of Anxiety," www.freeman.org/m_online/feb96/beresn.htm~cn Fear of death, the ultimate source of anxiety, is essential to human survival AND already led its people to what is likely an irreversible rendezvous with extinction.
Aff needs to specify the type of targeted killing restrictions
Ground- we lose process counterplan ground because permutation will solve any options since they don’t stick to a specific restriction.
Limits—They can claim non-topical restrictions in the block, which prevents us from challenging the aff with a specific T violation
Key to topic specific education—we can’t debate specific policy mechanisms because they could just shift out of whatever we press them on. Reason to reject the team
2
Iran sanctions won’t pass now – continued pressure from Obama is key – any sanctions tank a deal with Iran
Benen 1/17 – Steve, MSNBC ~http://www.msnbc.com/rachel-maddow-show/support-new-iran-sanctions-wanes~~gw As recently as last week, bipartisan congressional support for new sanctions on Iran, AND the Hill with phone calls and emails, voicing opposition to the bill. The president will expend capital to try to preserve his power Berman 10 – Emily, Counsel in the Liberty and National Security Project at the Brennan Center for Justice at NYU School of Law ~"Executive Privilege Disputes Between Congress and the President: A Legislative Proposal", http://www.albanygovernmentlawreview.org/Articles/Vol03_2/3.2.741-Berman.pdf~~gw But after Watergate, only a handful of executive privilege disputes have reached and been AND kind. These negotiations are o f ten relatively uneventful and without rancor.
Failure to get a deal ensures a nuclear Iran
Cohen 11/13 – Michael, fellow of the Century Foundation, author of Live from the Campaign Trail: The Greatest Presidential Campaign Speeches of the 20th Century and How They Shaped Modern America. ~http://www.theguardian.com/commentisfree/2013/nov/13/us-israel-relationship-strained-iran-nuclear-talks~~gw This is a dangerous game that if successful would not only create a fundamental breach AND to work in delaying Iran’s nuclear ambitions and would even further isolate Israel.
A nuclear Iran causes nuclear war
Kroenig 12 – Matthew Kroenig is Assistant Professor of Government at Georgetown University and a Stanton Nuclear Fellow at the Council on Foreign Relations ~February 22nd, 2012, "What Will Iran Do If It Gets a Nuclear Bomb?" www.theatlantic.com/international/archive/2012/02/what-will-iran-do-if-it-gets-a-nuclear-bomb/253430/-http://www.theatlantic.com/international/archive/2012/02/what-will-iran-do-if-it-gets-a-nuclear-bomb/253430/ A nuclear-armed Iran would pose a grave threat to international peace and security AND state and has nuclear weapons, which could be decades or even longer.
3
Text – The Chair of the Joint Chiefs of Staff of the United States should issue a national military strategy, and corresponding strategic concept focused on implementation, substantially increasing restrictions on the war powers authority of the President of the United States to conduct targeted killing is necessary to achieve that national security goals of the United States. We’ll clarify.
Competes – the CP doesn’t mandate the plan. It issues a recommendation that results in policy change.
Solves – NMS is a keystone document that shapes military policy – it integrates consultation between Congress and the DOD, building broad support for the plan
Meinhart 8 (Dr. Richard M., Professor of Defense and Joint Processes at the U.S. Army War College, "National Military Strategies: 1990 to 2007", National Security Policy and Strategy, Ed. Bartholomees, June, http://www.dtic.mil/cgi-bin/GetTR Doc?AD=ADA48268826Location=U226doc=GetTRDoc.pdf)
CONCLUSION The National Military Strategy is the keystone document of an overarching strategic planning system AND important in today’s volatile, uncertain, complex and ambiguous global security environment.
The CP facilitates inclusion of the JCS in military policy —- this is crucial to rebalance CMR
Gibson ’8 – PhD @ Cornell Univ. (Christopher P., "Securing the State: Reforming the National Security Decision-making Process at the Civil-Military Nexus," p.106-112, RG)
At this point the argument moves from the theoretical to the practical and to the AND The US needs an update to the Goldwater-Nichols legislation of 1986. The top military leaders in the respective services, the members of the JCS, AND replace the currently existing billet of Chairman, Joint Chiefs of Staff.12
CMR relations challenging – need to untangle in order to fight irregular wars
Patrick Cronin (senior vice president and director of studies, CSIS) 2008. "Irregular Warfare: New Challenges for Civil-Military Relations" CSIS. http://smallwarsjournal.com/documents/iwcivmilrelations.pdf Success in the highly political and ambiguous conflicts likely to dominate the global security environment AND to shore up this longstanding tradition among both the leadership and the ranks. A third significant challenge is how to forge integrated strategies and approaches. Professional relationships, not organizational fixes, are vital to succeeding in irregular war. In this sense, the push for new doctrine for the military and civilian leadership is a step in the right direction to clarifying the conflated lanes of authority.
Irregular warfighting is key to prevent escalation from inevitable conflicts – accesses every impact
The study predicts future U.S. forces’ missions will range "from regular AND based on the serious implications for homeland security alone," said the report.
4
Hoeven will attach the Keystone Pipeline to a must-pass bill
Fiat means the plan is a must-pass bill – that ensures Keystone gets attached and passed (even if it’s unpopular)
Wallace 12 – John W., writer and businessman ~Acc. Aug 19, 2012, Position Paper: Single Issue Legislation, http://www.nyoathkeeper.com/PositionPaper-SingleIssueLegislation.pdf~~cn For those unfamiliar with how legislation is passed in Congress, here’s a short example AND is almost certain to be approved, because the budget must be passed21
The Keystone will inevitably leak, destroying the Ogallala aquifer
Dembicki 10 – Geoff, journalist who reports on energy and climate change ~Jun 21, "Golf Disaster Raises Alarm about Alberta to Texas Pipeline," http://thetyee.ca/News/2010/06/21/AlbertaToTexasPipeline~~cn In a series of public hearings over recent weeks, farmers and ranchers have fretted AND a "quarter-size" hole into a Salt Lake City creek.
This causes depletion of the Great Lakes, triggering global water shortages and war
Rochester 2k – Rochester Democrat 26 Chronicle ~Feb 6~bg Those moves reflect a growing realization that water will become a rare and fought- AND won’t let you take their water. Without it they have no future."
These wars will go nuclear and kill millions
NASCA 4 – National Association for Scientific and Cultural Appreciation ~"Water shortages – only a matter of time," http://www.nasca.org.uk/Strange_relics_/water/water.html~~bg Water is one of the prime essentials for life as we know it. The AND ourselves with a nightmare situation for which there will be no obvious answer.
5
Engaging the state, even negatively, feeds its corrupt form.
Baudrillard 8 – Jean, author ~Present Considerations: The uncertainty of all value systems, journal of Baudrillard studies http://www.ubishops.ca/baudrillardstudies/vol5_1/v5-1-article2-petit.html~~ Baudrillard: The State and political power sit atop all this in a very, AND alternatives, false issues, in which we lose out come what may.
Investing our desire in the state gives it free reign to breed conflict and enslave populations—foreclosing creative engagement.
Robinson 10 – Andrew, author ~September 10, In Theory Why Deleuze (still) matters: States, war-machines and radical transformation, http://ceasefiremagazine.co.uk/features/ideas/in-theory-deleuze-war-machine/~~ ’Machinic enslavement’ occurs when assembled groups of social relations and desires, known in AND goal of these other connections – is already a victory against the system.
~Rob~ and I affirm that there should be increased restrictions on the war powers authority of the President of the United States to conduct targeted killing.
Refusing to act as if we are the government is the only way to solve the aff.
Kappeler 95 (Susanne is an associate professor at al-akhawayn university, "the will to violence: the politics of personal behavior", pg. 10-11
Which is why many of those not yet entirely disillusioned with politics tend to engage AND our values’ according to the structures and the values of war and violence.
Militarism
Realism is inevitable – the alt triggers great power wars
Mearsheimer 1 – John J., Prof. of Political Science at U Chicago ~The Tragedy of Great Power Politics, pp. 1-28~cn Alas, the claim that security competition and war between the great powers have been AND world as it is, not as we would like it to be.
Russia and China would fill in, which exacerbates every negative feature of imperialism
Don’t buy their root cause claims – proximate causes are key
Kanwisher 89 – Nancy, Professor at U Cal, Berkeley "Cognitive Heuristics and American Security Policy," Journal of Conflict Resolution, Vol. 33, No. 4 This predilection for causes that match their effects may explain a variety of theoretical tendencies AND a political problem, as though political problems necessarily must have political solutions.
No impact to state of exception – they stop political violence and encourage reform
Bull 5 – Malcolm, editor of the London Review of Books ~"State of Exception by Giorgio Agamben," pg. 104-114~cn This distorts Agamben’s argument at both a historical and a theoretical level. Missing from AND , and it is the body politic that becomes the defenceless homo sacer.
Agamben glosses over important distinctions between totalitarianism and democracy – it undermines the struggles of oppressed groups everywhere
Deranty 4 – Jean-Phillipe, Philosophy Prof. @ Macquarie University ~Borderlands Vol. 3 ~23 1 "Agamben’s Challenge to normative theories…"~cn Consistent with this foundationalist essentialism, Agamben does not restrict indistinction to the conceptual or AND and of depriving itself of a major weapon in the struggle against oppression.
Turn – drones increase emotional attachment to targets
Maley 85 – William, The University of New South Wales at Duntroon ~"Peace, Needs and Utopia", Political Studies, XXXIIl, 578-591, Political Studies~ The difficulties in Galtung’s approach can be seen clearly when one recalls his view that AND peace is a very unsatisfactory ideal against which to evaluate a social order.
Drones good – avoid boots on the ground
Con Coughlin 2013 (Drones are gruesome, but would we prefer boots on the ground?, 07 Feb 2013, http://www.telegraph.co.uk/ news/uknews/defence/9855577/Drones-are-gruesome-but-would-we-prefer-boots-on-the-ground.htmljoe) While the majority of drone patrols are reconnaissance missions, drones are also used to AND is easier to vaporise the enemy with a well-directed Hellfire missile.
Using drones instead of airstrikes decreases civilian causalities
Etzioni 13 ~Amitai Etzioni, professor of international relations at George Washington University, "The Great Drone Debate," March-April, http://usacac.army.mil/CAC2/MilitaryReview/Archives/English/MilitaryReview_20130430_art004.pdf~~ Other critics contend that by the United States using drones, it leads other countries AND have had to use bombs that would have caused much greater collateral damage.
Drones pilots face greater hurdles than traditional pilots
Strawser 10 (STRAWSER, B. (2010). Moral Predators: The Duty to Employ Uninhabited Aerial Vehicles. Journal Of Military Ethics, 9(4), 342-368. doi:10.1080/15027570.2010.536403) The argument that the ethical justification for UAVs is threatened if UAV¶ operators are AND damaging than the expected harm that¶ could come about via inhabited flights.
Drones inevitable USA action irrelevant
David Wood 2012 (American Drones Ignite New Arms Race From Gaza To Iran To China, Huffington Post, 27 November 2012, http://www.huffingtonpost.com/2012/11/27/american-drones_n_2199193.html) Obama administration officials have said they are weighing various options to codify the use of AND have to first stop science, and then business, and then war."
Chalk 8—Peter, senior political scientist at the RAND Corporation, correspondent for Jane’s Intelligence Review and associate editor of Studies in Conflict and Terrorism, adjunct professor at the Postgraduate Naval School in Monterey, California, and contractor for the Asia Pacific Center for Security Studies in Honolulu, Hawaii, and the United States Institute of Peace in Washington, D.C ~2008, http://www.rand.org/content/dam/rand/pubs/monographs/2008/RAND_MG697.pdf~~ab Attacks also have the potential to trigger a major environmental disaster, particularly if they AND a matter of time before pirates trigger an environmental disaster of this sort.
Loss of marine biodiversity renders the oceans defenseless – kills all life
Craig 3 – Associate Professor at Indiana University School of Law ~Robin Kundis, "Taking Steps Toward Marine Wilderness Protection", McGeorge Law Review, Winter, 34 McGeorge L. Rev. 155, p. 264-266, LN~ bg Biodiversity and ecosystem function arguments for conserving marine ecosystems also exist, just as they AND - even if a few fishers go out of business as a result.
Solvency
Extinction outweighs – it ends all future human life and potential and renders current successes obsolete
Matheny 7 – Jason, Department of Health Policy and Management, Bloomberg School of Public Health, Johns Hopkins ~"Reducing the Risk of Human Extinction," Risk Analysis, Vol. 27, No. 5~cn Discussing the risks of "nuclear winter," Carl Sagan (1983) wrote: AND on the extinction risks we face and the costs of mitigating them.20
Multiplying probability by magnitude is the only moral option
Yudkowsky 8 – Eliezer, Research Fellow and Director of the Singularity Institute for Artificial Intelligence ~Jan 22, http://lesswrong.com/lw/n3/circular_altruism/~~23comment-98330028~~cn Suppose that a disease, or a monster, or a war, or something AND cannot attain your full potential if you regard your gift as a burden.
Only calculation respects full inviolability and otherness
Williams 5 – Michael Charles, Professor of Philosophy at Johns Hopkins University and chair of the department ~The realist tradition and the limits of International Relations, p 165-167~cn Yet it is my claim that the willful Realist tradition does not lack an understanding AND act must go beyond deconstruction to consider viable alternatives and counter-practices.
Expert predictions are empirically very accurate – rejecting predictions is itself a prediction, and it ensures elite manipulation
Fitzsimmons 7 – Michael, defense analyst ~Winter, "The problem of uncertainty in strategic planning," Survival, 48:4, 131 - 146~cn Finally, the planning for post-war operations in Iraq offers another perspective on AND in this instance became a rationale for rigidity in planning rather than flexibility.
Best studies show that even a small scale nuclear war would lead to nuclear winter, cause massive climate change, and result in extinction
Robock 9 – professor of climatology at Rutgers University ~Alan, Department of Environmental Sciences at Rutgers and associate director of its Center for Environmental Prediction, "Nuclear winter," The Encyclopedia of Earth, 1-6-09, http://www.eoearth.org/article/Nuclear_winter, accessed 9-9-11~gw Nuclear winter is a term that describes the climatic effects of nuclear war. AND Earth’s surface, and then absorption of sunlight would further heat the smoke,
lifting it into the stratosphere, a layer where the smoke would persist for years AND for how much cooling would take place and how fast it would cool.
Fear of death maximizes life’s value and is key to prevent extinction
Beres 96 – Lois Rene, Ph.D., Professor of Political Science at Purdue U ~"No Fear, No Trembling Israel, Death and the Meaning of Anxiety," www.freeman.org/m_online/feb96/beresn.htm~cn Fear of death, the ultimate source of anxiety, is essential to human survival AND already led its people to what is likely an irreversible rendezvous with extinction.
1/18/14
1NC vs JMU LM
Tournament: USC | Round: 4 | Opponent: James Madison Miller-Lepp | Judge: Harper
Ptx
Farm Bill will pass – has bipart support in Congress now
The vote to restrict Obama’s war powers will divide Congress derailing the agenda
Cohen 11 (Tom, CNN Wire News editor. "Debate over war powers re-emerges in Congress, courts" 7-16-11 http://www.cnn.com/2011/POLITICS/06/17/war.powers.libya/index.html) An endless Washington debate over the president’s power to go to war has resurfaced with AND .S. forces and Congress battling to exert influence on the process.
Farm bill passage depends on Congressional bipartisanship
Sperling 12/20 (Gene Sperling, National Economic Council Director, White House On-the-Record Conference Call, Federal News Service December 20, 2013joe) OPERATOR: Our next question’s from Todd Spangler with the Detroit Free Press. Please AND put instantly on 1.3 million Americans right at the holiday season.
Without a new farm bill the US doesn’t have the money to continue payments to Brazil under a WTO cotton settlement Brazil will retaliate
Bennett 13 ~David Bennett, Will lack of a new farm bill reignite a trade war?, Delta Farm Press, August 8, 2013joe~ Without a new farm bill, the 2010 cotton-related deal struck between the AND the new legislation to serve as the basis for resolving the trade dispute."
T
A1. Drones are Not Targeted Killing
Amos Guiora 10 (Professor of Law, the University of Utah; THE QUEST FOR INDIVIDUAL ADJUDICATION AND ACCOUNTABILITY: ARE INTERNATIONAL TRIBUNALS THE RIGHT RESPONSE TO TERRORISM?, Emory International Law Review, 24 Emory Int’l L. Rev. 497joe) While the former is intrinsic to the criminal law process, the latter is more AND that the target be involved in an attack that significantly endangers state security.
A2. War power relates ONLY to declared wars
Black’s Law Dictionary 99 ~7th Edition, p. 1578 – 1579~ "War Power" is defined as "the constitutional authority of Congress to declare war and maintain armed forces (U.S. Const. art. I, § 8, cls. 11-14), and of the President to conduct war as commander-in-chief (U.S. Const. art. II, § 2, cl. 1)."
B. Violation: Plans deals only with drone strikes, which are not targeted killing and not under the definition of a war power.
C. Superior interpretation
1. This is the best definition. It is the most accurate definition because it is a legal source drawing directly from the relevant constitutional articles. Accuracy is important for both fairness and topic education.
2. Allowing powers related to any military action merely authorized by congress completely un-limits the topic. Almost everything the President has done in the last 10 years becomes fair game. That is an impossible burden for the negative.
3. Discussion of drone strikes as opposed to targeted killing infinitely explodes the topic to include all actions taken abroad.
D. Topicality is a voting issue because it is a jurisdictional question necessary to preserve fairness and topic education
CP
Text – The Chair of the Joint Chiefs of Staff of the United States should issue a national military strategy, and corresponding strategic concept focused on implementation,
that reversing the see-er/seen binary of targeted killing
is necessary to achieve that national security goals of the United States. We’ll clarify.
Competes – the CP doesn’t mandate the plan. It issues a recommendation that results in policy change.
Solves – NMS is a keystone document that shapes military policy – it integrates consultation between Congress and the DOD, building broad support for the plan
Meinhart 8 (Dr. Richard M., Professor of Defense and Joint Processes at the U.S. Army War College, "National Military Strategies: 1990 to 2007", National Security Policy and Strategy, Ed. Bartholomees, June, http://www.dtic.mil/cgi-bin/GetTR Doc?AD=ADA48268826Location=U226doc=GetTRDoc.pdf)
CONCLUSION The National Military Strategy is the keystone document of an overarching strategic planning system AND important in today’s volatile, uncertain, complex and ambiguous global security environment.
The CP facilitates inclusion of the JCS in military policy —- this is crucial to rebalance CMR
Gibson ’8 – PhD @ Cornell Univ. (Christopher P., "Securing the State: Reforming the National Security Decision-making Process at the Civil-Military Nexus," p.106-112, RG)
At this point the argument moves from the theoretical to the practical and to the AND The US needs an update to the Goldwater-Nichols legislation of 1986. The top military leaders in the respective services, the members of the JCS, AND replace the currently existing billet of Chairman, Joint Chiefs of Staff.12
CMR relations challenging – need to untangle in order to fight irregular wars
Patrick Cronin (senior vice president and director of studies, CSIS) 2008. "Irregular Warfare: New Challenges for Civil-Military Relations" CSIS. http://smallwarsjournal.com/documents/iwcivmilrelations.pdf Success in the highly political and ambiguous conflicts likely to dominate the global security environment AND to shore up this longstanding tradition among both the leadership and the ranks. A third significant challenge is how to forge integrated strategies and approaches. Professional relationships, not organizational fixes, are vital to succeeding in irregular war. In this sense, the push for new doctrine for the military and civilian leadership is a step in the right direction to clarifying the conflated lanes of authority.
Irregular warfighting is key to prevent escalation from inevitable conflicts – accesses every impact
The study predicts future U.S. forces’ missions will range "from regular AND based on the serious implications for homeland security alone," said the report.
K
The 1AC is a paradigmatic example of humanist cultural criticism – this perpetuates speciesism and dooms them to failure
Deckha 6 – Maneesha, UC Hastings College of the Law http://www.animallaw.info/articles/arus17hstwlj1.htm Cultural critics have painstakingly demonstrated the social constructedness of sexual, gender, and racial AND on the continued merit of a property status of non-human animals.
Speciesism makes possible "systematic beastilization," which justifies non-criminal putting to death of the Other – this is the root cause of all oppression
Rossini 6 – Manuela, Postdoctoral Fellow at Amsterdam School for Cultural Analysis ~Sept, "To the Dogs: Companion speciesism and the new feminist materialism," Kritikos, Volume 3, http://intertheory.org/Rossini~~cn What is equally sobering, however, is the fact that the most radical metaposthumanists AND means limited to its overwhelmingly direct and disproportionate effects on animals.~26~
The alternative is to vote negative to reject speciesism by critically reorienting ourselves against the 1AC. Our creation of a space for reflection is a key step in ending non-human oppression.
Williams 8 – Nancy, Philosopher at Wofford College ~"Affected Ignorance and Animal Suffering" Journal of Agricultural and Environmental Ethics (2008) 21:371-384~ Epistemological and moral tensions such as these, however, can be the impetus for AND be fully informed about modern factory farming practices (and subsequent animal suffering).
Cyborg
Realism is inevitable – the alt triggers great power wars
Mearsheimer 1 – John J., Prof. of Political Science at U Chicago ~The Tragedy of Great Power Politics, pp. 1-28~cn Alas, the claim that security competition and war between the great powers have been AND world as it is, not as we would like it to be.
No gender bias in international relations actually exists—feminist criticism is based upon exaggerated mischaracterizations of realism and is riddled with contradictions—realism solves their offense
Murray 97 ~professor of politics at the University of Wales, 1997 (Alistair, Reconstructing Realism: Between Power Politics and Cosmopolitan Ethics, netlibrary~ Consequently, Tickner claims that feminist perspectives on national security take us beyond realism’s statist AND flawed critique, collapses in the face of the revelation of its inadequacy.
Patriarchy doesn’t explain war—peace is more common, and patriarchal structures cannot be treated as constants
Levy 98 ~Jack, Prof. Pol. Sci. – Rutgers, Senior Associate – Saltzman Institute of War and Peace Studies, and Past President – International Studies Association, Annual Review of Political Science, "The Causes of War and the Conditions of Peace", 1:139-165~ Another exception to the focus on variations in war and peace can be found in AND a constant—and consequently it cannot explain variations in war and peace.
Don’t buy their root cause claims – proximate causes are key
Kanwisher 89 – Nancy, Professor at U Cal, Berkeley "Cognitive Heuristics and American Security Policy," Journal of Conflict Resolution, Vol. 33, No. 4 This predilection for causes that match their effects may explain a variety of theoretical tendencies AND a political problem, as though political problems necessarily must have political solutions.
Equating militarism and patriarchy assumes traditional gender roles and reinforces domination
hooks 95 ~bell, English professor and senior lecturer in Ethnic Studies at the University of Southern California "Feminism and Militarism: A Comment" Women’s Studies Quarterly, Vol. 23, No. 3/4, Rethinking Women’s Peace Studies (Fall - Winter, 1995), pp. 58-64~ By equaling militarism and patriarchy, these feminists often structure their arguments in such a AND have been quite violent and militaristic in their support and maintenance of racism.
The belief that the state is always-already patriarchal is a fiction that prevents the women’s movement from securing lasting changes in gender relations.
Rhode 94 ~Deborah L.: Professor, Stanford Law School; Director, Institute for Research on Women and Gender, Stanford University, April 1994, Harvard Law Review, 107 Harv. L. Rev. 1181, p. 1184-1186~ In many left feminist accounts, the state is a patriarchal institution in the sense AND of sex-based inequality and in the strategies necessary to address it.
Civilian
Turn – drones increase emotional attachment to targets
Academics can’t understand the experiences of war officers—assumptions about them misunderstand war and demonize the victims
Muqawama 13 (Abu Muqawama, Center for a New American Security "Nature’s Not In It: A Special In Memoriam," 5/26/13 http://www.cnas.org/blogs/abumuqawama/2013/05/natures-not-it-special-memoriam.html)** The embedded hypothesis of such philosophy is that greater humanity—embodied in risk, AND trail about going after militants in Pakistan might also have similarly divergent preferences?¶
No internal link – drone operators still feel emotional impact of killings
Distancing language is a coping mechanism—psychology and history prove
Muqawama 13 (Abu Muqawama, Center for a New American Security "Nature’s Not In It: A Special In Memoriam," 5/26/13 http://www.cnas.org/blogs/abumuqawama/2013/05/natures-not-it-special-memoriam.html)** According to the field of psychology called Terror Management Theory, humans face a basic AND when they shut off the drone technology at the end of their days?"
Drones good – avoid boots on the ground
Con Coughlin 2013 (Drones are gruesome, but would we prefer boots on the ground?, 07 Feb 2013, http://www.telegraph.co.uk/ news/uknews/defence/9855577/Drones-are-gruesome-but-would-we-prefer-boots-on-the-ground.htmljoe) While the majority of drone patrols are reconnaissance missions, drones are also used to AND is easier to vaporise the enemy with a well-directed Hellfire missile.
Using drones instead of airstrikes decreases civilian causalities
Etzioni 13 ~Amitai Etzioni, professor of international relations at George Washington University, "The Great Drone Debate," March-April, http://usacac.army.mil/CAC2/MilitaryReview/Archives/English/MilitaryReview_20130430_art004.pdf~~ Other critics contend that by the United States using drones, it leads other countries AND have had to use bombs that would have caused much greater collateral damage.
Drones pilots face greater hurdles than traditional pilots
Strawser 10 (STRAWSER, B. (2010). Moral Predators: The Duty to Employ Uninhabited Aerial Vehicles. Journal Of Military Ethics, 9(4), 342-368. doi:10.1080/15027570.2010.536403) The argument that the ethical justification for UAVs is threatened if UAV¶ operators are AND damaging than the expected harm that¶ could come about via inhabited flights.
Drones inevitable USA action irrelevant
David Wood 2012 (American Drones Ignite New Arms Race From Gaza To Iran To China, Huffington Post, 27 November 2012, http://www.huffingtonpost.com/2012/11/27/american-drones_n_2199193.html) Obama administration officials have said they are weighing various options to codify the use of AND have to first stop science, and then business, and then war."
Chalk 8—Peter, senior political scientist at the RAND Corporation, correspondent for Jane’s Intelligence Review and associate editor of Studies in Conflict and Terrorism, adjunct professor at the Postgraduate Naval School in Monterey, California, and contractor for the Asia Pacific Center for Security Studies in Honolulu, Hawaii, and the United States Institute of Peace in Washington, D.C ~2008, http://www.rand.org/content/dam/rand/pubs/monographs/2008/RAND_MG697.pdf~~ab Attacks also have the potential to trigger a major environmental disaster, particularly if they AND a matter of time before pirates trigger an environmental disaster of this sort.
Loss of marine biodiversity renders the oceans defenseless, ending human survival
Craig 3 – Associate Professor at Indiana University School of Law ~Robin Kundis, "Taking Steps Toward Marine Wilderness Protection", McGeorge Law Review, Winter, 34 McGeorge L. Rev. 155, p. 264-266, LN~ bg Biodiversity and ecosystem function arguments for conserving marine ecosystems also exist, just as they AND - even if a few fishers go out of business as a result.
Framing
Multiplying probability by magnitude is the only moral option
Yudkowsky 8 – Eliezer, Research Fellow and Director of the Singularity Institute for Artificial Intelligence ~Jan 22, http://lesswrong.com/lw/n3/circular_altruism/~~23comment-98330028~~cn Suppose that a disease, or a monster, or a war, or something AND cannot attain your full potential if you regard your gift as a burden.
Only calculation respects full inviolability and otherness
Williams 5 – Michael Charles, Professor of Philosophy at Johns Hopkins University and chair of the department ~The realist tradition and the limits of International Relations, p 165-167~cn Yet it is my claim that the willful Realist tradition does not lack an understanding AND act must go beyond deconstruction to consider viable alternatives and counter-practices.
Expert predictions are empirically very accurate – rejecting predictions is itself a prediction, and it ensures elite manipulation
Fitzsimmons 7 – Michael, defense analyst ~Winter, "The problem of uncertainty in strategic planning," Survival, 48:4, 131 - 146~cn Finally, the planning for post-war operations in Iraq offers another perspective on AND in this instance became a rationale for rigidity in planning rather than flexibility.
Best studies show that even a small scale nuclear war would lead to nuclear winter, cause massive climate change, and result in extinction
Robock 9 – professor of climatology at Rutgers University ~Alan, Department of Environmental Sciences at Rutgers and associate director of its Center for Environmental Prediction, "Nuclear winter," The Encyclopedia of Earth, 1-6-09, http://www.eoearth.org/article/Nuclear_winter, accessed 9-9-11~gw Nuclear winter is a term that describes the climatic effects of nuclear war. AND Earth’s surface, and then absorption of sunlight would further heat the smoke,
lifting it into the stratosphere, a layer where the smoke would persist for years AND for how much cooling would take place and how fast it would cool.
Extinction outweighs – it ends all future human life and potential and renders current successes obsolete
Matheny 7 – Jason, Department of Health Policy and Management, Bloomberg School of Public Health, Johns Hopkins ~"Reducing the Risk of Human Extinction," Risk Analysis, Vol. 27, No. 5~cn Discussing the risks of "nuclear winter," Carl Sagan (1983) wrote: AND on the extinction risks we face and the costs of mitigating them.20
Fear of death maximizes life’s value and is key to prevent extinction
Beres 96 – Lois Rene, Ph.D., Professor of Political Science at Purdue U ~"No Fear, No Trembling Israel, Death and the Meaning of Anxiety," www.freeman.org/m_online/feb96/beresn.htm~cn Fear of death, the ultimate source of anxiety, is essential to human survival AND already led its people to what is likely an irreversible rendezvous with extinction.
1/4/14
1NC vs KCKCC
Tournament: Shirley | Round: 4 | Opponent: Kansas City Kansas CC Casas-Gonzaba | Judge: Brossmann
T
A) INTERPRETATION
"USFG" followed by "should" means the debate is about the desirability of enacting a government policy
Ericson 3 – Jon, Dean of the College of Liberal Arts – California Polytechnic U ~The Debater’s Guide, Third Edition, p. 4~cn In policy propositions, each topic contains certain key elements, although they have slightly AND compelling reasons for an audience to perform the future action that you propose.
B) VIOLATION
The affirmative does not defend the USFG literally and immediately enacting such a policy. Instead, they ask you to endorse their strategy of performatively and methodologically building a counter hegemonic discourses.
C) PREFER OUR INTERPRETATION
Vote Negative:
1) Predictable Limits – they justify shifting the topic of debate to an infinite number of other questions, which rigs the game for the aff because we can’t adequately research and prepare against them.
And, the topic must be presupposed for meaningful debate to occur
Ehninger 70 – Douglas, Professor of Speech at U-Iowa ~Jun, Speech Monographs, p. 108~cn If two friends differ on whether they will gain greater satisfaction from dining at Restaurant AND need to assume and agree upon as a necessary condition of argumentative interchange.
2) Solvency turn—whether debate is about policy, activism, or identity, plans are necessary for practical reasons—absent their theoretical justification of their framework, they don’t solve
Gotta have a plan—failure to have a concrete option we can debate against guarantees that oppression continues and efforts for change backfire
What follows is not an attempt to discredit our efforts. It was a powerful AND others will be prepared to build up the state or a new state.
3) it undermines clash—it’s impossible to engage their ideas if we don’t know what they are—that clash is critical to develop strategies and test ideas which eventually result in social change
Branham 1995 (Robert, Professor of Rhetoric at Bates College, Argumentation and Advocacy, Winter)
In the years following his release from prison, Malcolm X honed his speaking skills AND his own, which shone most brightly in the light generated by confrontation.
4) Reciprocal Ground – other frameworks are self-serving, because they divide ground on some non-resolutional basis – this hamstrings the neg since the aff could always just defend some one-sided issue like "Racism is bad."
And, it’s easy to point out problems – the real ground for debate is over the implementation of imperfect policy solutions
Rosenthal 9 – Alan, professor of public policy and political science at Rutgers University ~Jul, http://www.ncsl.org/documents/public/trust/LessonPlans_HS.pdf~~cn The environment is a rough one, but a most important obstacle democracy faces is AND many of the states attests to the division in the ranks of Americans.
5) Topic Education – our interpretation best facilitates IN-DEPTH discussions about the important, timely policy questions raised by the resolution – topic education outweighs because we have the same stale critical theory debates every year; the topic is the only thing that changes.
And, in-depth learning about government policymaking is key to creating public intellectuals who can check dangerous elites and solve societal problems
McClean 1 – David, Ph.D., Lecturer in Philosophy, Molloy College, New York and Rutgers University ~"The Cultural Left and the Limits of Social Hope," www.american-philosophy.org/archives/past_conference_programs/pc2001/Discussion20papers/david_mcclean.htm-http://www.american-philosophy.org/archives/past_conference_programs/pc2001/Discussion papers/david_mcclean.htm~cn Yet for some reason, at least partially explicated in Richard Rorty’s Achieving Our Country AND critics with their snobish disrespect for the so-called "managerial class."
6) Switch Side Debate – only our framework requires teams to defend both sides of important issues like State action, international relations, and energy policy
Switch side debate promotes tolerance of others, prevents physical violence, and enhances students’ critical thinking skills and political agency – this spills over to solve real world problems
O’Donnell et al 10 – Tim, Professor of Communication at Mary Washington; research conducted by the International Debate Education Association, with Neil Butt, Stefan Bauschard, Joseph Bellon, Warren Decker, John Kastulas, William Keith, James Lyle, Danielle Verney O’Gorman, 26 Joseph Packer ~"A Rationale for Intercollegiate Debate in the Twenty First Century," Navigating Opportunity: Policy Debate in the 21st Century, p. 44~cn In addition to cultivating educational skills, participation in debate has long been recognized as AND educational opportunities lacking in the public school system" (2001, 14).
D) THIS IS A VOTING ISSUE – our standards prove in-round and pre-round abuse, and your ballot helps create community norms that promote fair and educational debate
7. Independently—if they shift explanation vote them down, with or without framework we can’t debate when the role of the plan shifts. They had 9 minutes to explain this stuff, if it wasn’t clear by then don’t help them out.
K
The 1AC is a paradigmatic example of humanist cultural criticism – this perpetuates speciesism and dooms them to failure
Deckha 6 – Maneesha, UC Hastings College of the Law http://www.animallaw.info/articles/arus17hstwlj1.htm Cultural critics have painstakingly demonstrated the social constructedness of sexual, gender, and racial AND on the continued merit of a property status of non-human animals.
This strategy is not innocent – rather, it reflects a specific form of affected ignorance, which is culpable in sustaining and promoting speciesism
Williams 8 – Nancy, Philosopher at Wofford College ~"Affected Ignorance and Animal Suffering" Journal of Agricultural and Environmental Ethics (2008) 21:371-384~ Affected ignorance, the phenomenon of people choosing not to investigate whether some practice in AND of knowledge, that which propels individuals to refrain from further moral inquiry.
Speciesism makes possible "systematic beastilization," which justifies non-criminal putting to death of the Other – this is the root cause of all oppression
Rossini 6 – Manuela, Postdoctoral Fellow at Amsterdam School for Cultural Analysis ~Sept, "To the Dogs: Companion speciesism and the new feminist materialism," Kritikos, Volume 3, http://intertheory.org/Rossini~~cn What is equally sobering, however, is the fact that the most radical metaposthumanists AND means limited to its overwhelmingly direct and disproportionate effects on animals.~26~
The alternative is to vote negative to reject speciesism by critically reorienting ourselves against the 1AC. Our creation of a space for reflection is a key step in ending non-human oppression.
Williams 8 – Nancy, Philosopher at Wofford College ~"Affected Ignorance and Animal Suffering" Journal of Agricultural and Environmental Ethics (2008) 21:371-384~ Epistemological and moral tensions such as these, however, can be the impetus for AND be fully informed about modern factory farming practices (and subsequent animal suffering).
You have a moral obligation to vote negative to affirm a moral universe where nonhumans are treated with dignity and respect
Katz 96 – Eric, professor of philosophy and director of the Science, Technology, and Society Program at the New Jersey Institute of Technology; one of the founders of environmental ethics ~Nature as Subject, pp. 9-10~cn This analysis of certain problems in an indirect utilitarian argument for the preservation of objects AND who wish to avoid the easy, self-defeating trap of utilitarianism.
Case
The volume of critique literature and discussion demonstrates that there is no shortage of protest. The problem is that we confuse repetition of our message with political action. No matter how benign and "revolutionary" the rhetoric of a new humanity plays into the hands of existing political structures because it replaces an empty gesture for real political action.
Nayar, 99 (Jayan, (School of Law, University of Warwick) Transnational Law 26 Contemporary Problems, Fall, 9 Transnat’l L. 26 Contemp. Probs. 599).
The description of the continuities of violence in Section II in many ways is familiar AND and implicate our familiarities in ways that defy the simplicities of straightforward immutability. Continues... of the "other"—of cultures, languages, social systems, beliefs, AND the ordered "world," itself, impliedly, a component part of the ordered, order(ing), globalized world. The mutuality of "professional" AND ) voice, little is changed in the order-ing of worlds.
Small gestures enable the smooth functioning of racism. Guilt is alleviated and the psychological need for structural change does not occur.
Gillborn 09, (Professor of Critical Race Studies in Education @ the Institute of Education, Univ. of London. David, "Whatever happened to institutional racism? How the ’White working class’ were made into the new race victims," Transcript from the National Arts Learning Network Annual Conference, Mark Crawley (Chair). ~PDF Online @~ www.naln.ac.uk/download.cfm?docid=3F7A4B83-8FBD-4E6E-89F8585CF5231A7F) Accessed 04.08.10 jfs
So CRT comes out of a very different kind of social rights activist tradition, AND but only in so far as it meets the interests of powerful whites. Now, that sounds counter-intuitive, so one of the clearest examples of AND was that we moved to a situation where official racial segregation was outlawed. Now, the obvious signs of segregation have gone, we don’t see separate toilets AND of the leading critical race theorists, they described the process like this: "…after the celebration dies down the great victory is quietly cut back by narrow interpretation, administrative obstruction or delay, in the end the minority group is left little better than it was before, if not worse. Its friends, the liberals, believing the problem has been solved, go on to something else, while its adversaries, the conservatives, furious that the Supreme Court has given way, once again, to undeserving minorities, step up their resistance." Now, according to Delgado this situation comes to operate in a way that ensures AND just, see what we just did for minorities, or the poor.
Identity politics makes true reform impossible…we look for infinite particular situations and lose site of a universal demand for justice.
Hallward, 03 (Badiou: a subject to truth, Peter Hallward, University of Minnesota Press Minneapolis / London 2003, Professor of Modern European Philosophy, Centre for Research in Modern European Philosophy, Middlesex Univeristy).
Every invocation "of custom, of community, works directly against truths" ( AND , 27). True justice is either for all or not at all.
Protest within the academy support dominant ideologies because they are co-opted as self-congratulatory proof of the liberal tolerance of the existing order. The co-optation of safe protest also legitimates the violent elimination of more threatening protest.
If protest culture represents the expression of intellectual and political liberty in contemporary neo- AND — translate into concrete political practices that transcend their negation by the market.
Material reality is more important than the critique. Given that we have no real intention of implementing the alternative beyond the empty gesture of the ballot, the criticism turns itself by giving us false distance from the existing order—placing us more firmly within it.
Developing this idea in specifically Marxist terms, Žižek emphasizes the point that commodity fetishism AND certainty of its suggestion of direct action in pursuit of clearly understood interests.
Narratives bad—they entrench the exclusion they try to combat by obstructing factual truth analysis
Epstein 1993 (Richard, James Parker Hall Distinguished Service Prof. Law – U. Chicago, Stanford Law Review, "Legal Education and the Politics of Exclusion", 45 Stan. L. Rev. 1607, July, L/N)
One source of exclusivity is an attempt to redefine the relationship between experience and knowledge AND the academic mission of a university or law school is to be fulfilled.
Turn- personal narratives prevent effective debate and discussion and destroy the public sphere by creating a sense of expertise- multiple studies prove
Levasseur and Carlin ’1 (David G. Levasseur is Assistant Professor of Communication Studies at West Chester University in West Chester, Pennsylvania. Diana B. Carlin is Professor of Communication Studies and Dean of the Graduate School and International Programs at the University of Kansas, "Egocentric Argument and the Public Sphere: Citizen Deliberations on Public Policy and Policymakers", Rhetoric 26 Public Affairs 4.3 (2001) 407-43, Muse, 2001) While the personal narratives from participants in the study certainly seemed to spark enthusiasm, AND a liberal political tradition that suggests that one should not judge others. 42
Hip hop is inevitably marketed to white consumers- turns counter-hegemonic culture into a commodity that can be tossed away—they sing K’Naan’s "Wavin’ Flag", which has been commodified by Coca-Cola
Hartigan 5- prof of anthropology @ UT, PhD from University of California, Santa Cruz (John, South Atlantic Quarterly 104.3, Summer, "Culture against Race: Reworking the Basis for Racial Analysis") One might be tempted to assume that Gilroy’s stance is largely polemical, but his AND be able to do away with race, but seemingly not with culture.
Turn - Using the ballot as a source of political change within the debate community rather than as a means to endorse a topical plan risks the complete collapse of college debate
Atchison 26 Panetta 5 – Jarrod, Ph.D. Candidate, and Ed, Professor of Communication, UGA ~"Activism in Debate: Parody, Promise, and Problems," NCA Paper~cn A quick glance through most squads’ backfiles reveals arguments that might sound ridiculous to the AND the increased politicization of debate risks the continued institutional support of intercollegiate debate.
Shifting from political discussion to activism undermines vital career training and cedes politics
Coverstone, 05 – masters in communication from Wake Forest and longtime debate coach (Alan H., "Acting on Activism: Realizing the Vision of Debate with Pro-social Impact," Paper presented at the National Communication Association Annual Conference, 11/17/05)
Mitchell’s idea here clearly stops short of the uses to which it has been put AND middle ground that preserves the American tradition of debate and deliberation within government.
Their strategy ultimately drains debate of its progressive potential and reifies status quo exclusion – turns their strategy
Bailey 4 – Stephen, Chief Executive Officer at Frontier Strategy Group, J.D. (Yale), Former NDT Champion at Emory ~2-4, http://www.geocities.com/caseyharrigan/bailey.html~~cn Feel free to quote me on this...I think that it is essentializing and AND might increase African American participation in the activity, but at what cost?
Relations with universities are crucial to address disparities in debate – but their decision to use the ballot to achieve community change fails and ultimately backfires
Atchison 26 Panetta 9 – Jarrod, Ph.D. Candidate, and Ed, Professor of Communication, UGA ~"Intercollegiate Debate and Speech Communication: Issues for the Future," The Sage Handbook of Rhetorical Studies, p. 317-334~cn In addition to coaches and debaters, there are many people who might want to AND having administrators explain to the community how they evaluate the educational benefits of debate
. Additionally, every institution has unique scholars who work in some area and who AND or director holds political positions that are in opposition to the activist program?
Narratives appeal to errors in human reasoning – they are completely unreliable as a way of explaining the world
Farber 26 Sherry 97 – Daniel, Prof. of Civil Rights and Liberties Law, 26 Suzanna, Dean and Prof. of Law, U-Minnesota Beyond all reason: the radical assault on truth in American law, GoogleBooks, p. 77-78 The stories nevertheless seem plausible to outsider scholars because, as one astute and sympathetic AND their shared perceptions of local events are representative of the world at large.
Narratives are a biased, misleading, and nonverifiable account of the world – prefer expert evidence
Farber 26 Sherry 97 – Daniel, Prof. of Civil Rights and Liberties Law, 26 Suzanna, Dean and Prof. of Law, U-Minnesota Beyond all reason: the radical assault on truth in American law, GoogleBooks, p. 74-75 In one way, this leads back to some of the problems with storytelling as AND of stories puts us at moral hazard and our readers at our mercy.
Restrictions are prohibitions on action —- the aff is a reporting requirement
Schiedler-Brown 12 – Jean, Attorney, Jean Schiedler-Brown 26 Associates ~Appellant Brief of Randall Kinchloe v. States Dept of Health, Washington, The Court of Appeals of the State of Washington, Division 1, http://www.courts.wa.gov/content/Briefs/A01/68642920Appellant20Randall20Kincheloe27s.pdf~~ 3. The ordinary definition of the term "restrictions" also does not include AND some supervision conditions, but he did not agree to restrict his license.
Vote neg—-
Only prohibitions on authority guarantee neg ground—-their interpretation lets affs no link the best neg offense like deference
Precision—-only our interpretation defines "restrictions on authority"—-that’s key to adequate preparation and policy analysis
CP
The United States Federal Judiciary should conduct judicial ex post review of United States’ targeted killing operations that use drones, with liability falling on the government for any constitutional violation, on Posterity Clause grounds.
CP solves – creates Ex-post courts – that’s sufficient to solve their advantages
A Posterity Clause ruling spills over to create intergenerational standing – that’s key to prevent extinction
Davidson 3 – John Edward, J.D., Professor of Constitutional Law, Pioneer Pacific College; Senior Research Fellow, Constitutional Law Foundation ~"Tomorrow’s Standing Today: How the Equitable Jurisdiction Clause of Article III, Section 2 Confers Standing Upon Future Generations," 28 COLUM. J. ENVTL. L. 185, LEXIS~cn We deplete freshwater aquifers many times faster than nature can replenish them. 4 We AND rights in the absence of any more specific congressional authorization than 1331. 26
Ptx
TPA will pass—using TPP to leverage Congress to get it through
Hagstrom 2/21—Jerry, AG Week ~http://www.agweek.com/event/article/id/22745/~~ab U.S. Trade Representative Michael Froman signaled late Thursday that the Obama administration AND in the past," but one that would integrate labor and environmental standards.
Obama PC key to get Reid to bring the bill to a vote—that ensures passage
Royal 10 – Jedediah, Director of Cooperative Threat Reduction at the U.S. Department of Defense ~"Economic Integration, Economic Signaling and the Problem of Economic Crises," in Economics of War and Peace: Economic, Legal and Political Perspectives, ed. Goldsmith and Brauer, p. 213-215~cn Less intuitive is how periods of economic decline may increase the likelihood of external conflict AND such, the view presented here should be considered ancillary to those views.
K
Environmental apocalypticism externalizes blame and obscures individual responsibility
Bobertz, 95 (Bradely C. Bobertz- assistant professor of law, University of Nebraska College of Law, Texas Law Review, "Legitimizing Pollution Through Pollution Control Laws: Reflections on Scapegoating Theory," Lexis Nexis)
The theory advanced in this relocates federal environmental law, a relative newcomer to the AND of industrialization, but instead as an aberration from a norm of cleanliness.
Claiming enormous impacts but a cheap and easy solution to the environment induces helplessness because it seems ridiculously out of scale.
Apocalyptic visions of climate change used by newspapers, environmental groups and the UK government AND "In fact it makes them seem trivial in relation to the problem."
This mode of environmental crisis-politics prevents coop over the environment itself, causes war
Deudney, 91 (Daniel Deudney is a Hewlett Fellow in Science, Technology, and Society at the Center for Ener¬gy and Environmental Studies at Princeton Uni¬versity, Bulletin of the Atomic Scientists; Apr 1991; 47,3; Research Library pg.22)
Another motive for speaking of environmental degradation as a threat to natural security is rhetorical AND , environmentalists should continue developing and disseminating this rich, emergent world view.
The alternative is to reject the logic of environmental apocalypticism. Skepticism is the only antidote—apocalypticism infuses science with alarmism and obscures our understanding of events
Skidelsky, 08 http://www.guardian.co.uk/commentisfree/2008/may/20/theapocalypticmind, Lord Skidelsky is Emeritus Professor of Political Economy at the University of Warwick The apocalyptic mind Catastrophic thinking distorts scientific debate about climate change and makes it harder to deal with the problem
Misreporting of science is now so routine that we hardly notice it. Much more AND -conquest by religion of matters that should be the concern of science.
Solvency
The plan specifically and narrowly creates damages for victims of targeted killings—-those killings are legally and operationally distinct from "signature strikes"
Dunn 13 – David Hastings, Reader in International Politics and Head of Department in the Department of Political Science and International Studies at the University of Birmingham, UK, and Stefan Wolff, Professor of International Security at the University of Birmingham in the UK ~March 2013, "Drone Use in Counter-Insurgency and Counter-Terrorism: Policy or Policy Component?," in Hitting the Target?: How New Capabilities are Shaping International Intervention, ed. Aaronson 26 Johnson, http://www.rusi.org/downloads/assets/Hitting_the_Target.pdf~~gw Yet an important distinction needs to be drawn here between acting on operational intelligence that AND remote pilot of a drone – so-called ’signature strikes’.6 Targeted strikes rely on corroborating pre-existing intelligence: they serve the particular purpose AND targeted strikes – has been less pronounced than in Pakistan and Afghanistan.7 Signature strikes, in contrast, can still be effective in diminishing operational, tactical AND of a car identified as belonging to an Al-Qa’ida member.9 The kind of persistent and intimidating presence of a drone policy geared towards signature strikes AND , do anything but help to disentangle the links between insurgents and terrorists.
Establishing new restrictions that only apply to targeted killings causes a shift to signature strikes
Signature strikes are far worse for all of their impacts—-this turns the case on a grand scale
Dunn 13 – David Hastings, Reader in International Politics and Head of Department in the Department of Political Science and International Studies at the University of Birmingham, UK, and Stefan Wolff, Professor of International Security at the University of Birmingham in the UK ~March 2013, "Drone Use in Counter-Insurgency and Counter-Terrorism: Policy or Policy Component?," in Hitting the Target?: How New Capabilities are Shaping International Intervention, ed. Aaronson 26 Johnson, http://www.rusi.org/downloads/assets/Hitting_the_Target.pdf~~gw Yet an important distinction needs to be drawn here between acting on operational intelligence that AND used, and perceived, as a blanket approach against an entire community.
That means the plan does nothing – the vast majority of drone targets have NO constitutional rights
The sovereign immunity doctrine prevents cases from being heard
Hossain 13 – Samia, J.D. Candidate, UC Berkeley School of Law, winner of the The Third Annual 2013 Richard A. Clarke National Scholarly Monograph Competition ~Challenging the Legality of the U.S. Targeted Killing Program, http://www.firstamendmentstudies.org/wp/pdf/2nd_pl_hossain.pdf~~gw Also, in the United States, the federal government may not be sued unless AND find Al-Aulaqi’s arguments to overcome sovereign immunity to be persuasive.137
Damages don’t send a signal – their author
Vladeck 13 – Stephen I., J.D. (Yale), Professor of Law and Associate Dean for Scholarship at American University Washington College of Law, senior editor of the peer-reviewed Journal of National Security Law and Policy, Supreme Court Fellow at the Constitution Project, and fellow at the Center on National Security at Fordham University School of Law ~Feb 27, "Drones And The War On Terror: When Can The U.S. Target Alleged American Terrorists Overseas?" Hearing Before the House Committee on the Judiciary, http://www.lawfareblog.com/wp-content/uploads/2013/02/Vladeck-02272013.pdf~~cn Of course, damages actions aren’t a perfect solution here. It’s obvious, but AND clear prohibition on unlawful strikes to render any such damages regime unnecessarily superfluous.
Drone targets don’t have the means or motives to sue
Radsan 26 Murphy 9 – Afsheen John Radsan, William Mitchell College of Law, Richard W. Murphy, Texas Tech University School of Law ~Due Process and Targeted Killing of Terrorists, 3/1, Cardozo Law Review, Vol. 31, p. 405, 2009; William Mitchell Legal Studies Research Paper No. 126; Texas Tech Law School Research Paper No. 2010-06. Available at SSRN: http://ssrn.com/abstract=1349357~~gw 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.
Ex post review fails to solve legitimacy or set up a legal framework – the damage is 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~gw Despite the expanded use of drones, however, the legitimacy of these attacks remains AND type action as a remedy for the survivors of erroneous drone strikes. n8 As this Article explains, however, none of these approaches yield wholly satisfactory answers AND U.S. officials engage in such actions. Part V concludes.
Obama can circumvent the plan – covert loopholes are inevitable
Obama will doing everything he can to combat warming—more regulations coming.
Davenport 13 – Coral, The National Journal ~August 29, 2013, Obama’s Stealth War on Global Warming, http://www.nationaljournal.com/magazine/obama-s-stealth-war-on-global-warming-20130829~~gw As President Obama tries to fight global warming without any backing from a gridlocked Congress AND they’ll muscle through a climate and clean-energy agenda wherever they can.
PQD key to Sonar training
Gartland 12 – Maj. Charles, B.A., University of Alaska - Anchorage; J.D., cum laude, Gonzaga University School of Law; LL.M., George Washington University Law School) is a United States Air Force judge advocate currently serving as the Environmental Liaison Officer for the Air Force Materiel Command ~"ARTICLE: AT WAR AND PEACE WITH THE NATIONAL ENVIRONMENTAL POLICY ACT: WHEN POLITICAL QUESTIONS AND THE ENVIRONMENT COLLIDE," 68 A.F. L. Rev. 27~gw The public interest in conducting training exercises with active sonar under realistic conditions plainly outweighs AND the Republic, allows statutes like NEPA to exist in the first place.
That’s key to overall Naval power and anti-submarine warfare.
Popeo et al 8 – Daniel, Paul Kamenar, Washington Legal Foundation, Andrew McBride, Thomas McCarthy, Andrew Miller, William R. Dailey, Wiley Rein LLP ~"Brief for Amici Curiae The Washington Legal Foundation, Rear Admiral James J. Carey, U.S. Navy (Ret.), National Defense Committee, and Allied Educational Foundation in Support of Petitioners," http://www.wlf.org/upload/07-1239winter.pdf~~ Throughout our Nation’s history, the Navy has played a vital role in major world AND our international standing, and an alteration in our established way of life.
That unleashes a laundry list of nuclear conflicts
Eaglen 11 – Mackenzie research fellow for national security – Heritage, and Bryan McGrath, former naval officer and director – Delex Consulting, Studies and Analysis ~"Thinking About a Day Without Sea Power: Implications for U.S. Defense Policy," Heritage Foundation~gw Global Implications. Under a scenario of dramatically reduced naval power, the United States AND the international supply chain with impacts in the billions of dollars.~16~
Models exaggerate warming’s impacts—assume higher feedbacks from water vapor and clouds
Istvan 12 – Rud, Chairman and CEO of Third Stream Bioscience, Inc; founder of NanoCarbons LLC, which invented the world’s best capacitive energy storage material ~July 22, What climate sensitivity says about the IPCC assessment process http://judithcurry.com/2012/07/22/what-climate-sensitivity-says-about-the-ipcc-assessment-process/~~23more-9163~~ GCMs are oversensitive. IPCC future warming forecasts are too high. IPCC AR4’s own AND half a decade ago. Don’t damn the data. Fix the models.
Even worst case scenarios don’t lead to extinction
No consensus—Over 30,000 scientists reject the IPCC
Curry 12 – Judith, Professor and Chair of the School of Earth and Atmospheric Sciences at the Georgia Institute of Technology ~http://judithcurry.com/2012/07/13/no-consensus-on-consensus-part-ii/~~23more-9130~~ The idea of a scientific consensus surrounding climate change has been rejected by a number AND verba’, which is roughly translated as ’take nobody’s word for it’.
Astronomical cycles study concludes warming will be less than 1.2 degrees by 2100
Scafetta 12 – Nicola, Duke University 26 Active Cavity Radiometer Solar Irradiance Monitor Lab ~Journal of Atmospheric and Solar-Terrestrial Physics, Volume 80, May 2012 p. 124~ We compare the performance of a recently proposed empirical climate model based on astronomical harmonics AND scales are astronomically induced and, in first approximation, can be forecast.
Violating PQD on war powers causes litigation that shutters DOD contracting
Wallace 9 – deputy head of the Department of Law at the US Military Academy prof since 2001 and a prof at the Judge Advocate General’s School of the Army from 1996-99, B.A. from Carnegie Mellon University, a JD from Seattle University School of Law, MSBA from Boston University, military law degree, specialty in contract law ~Col David A., "The future use of corporate warriors with the U.S. Armed Forces: legal, policy, and practical considerations and concerns", http://www.thefreelibrary.com/The+future+use+of+corporate+warriors+with+the+U.S.+Armed+Forces:...-a0205637482-http://www.thefreelibrary.com/The+future+use+of+corporate+warriors+with+the+U.S.+Armed+Forces:...-a0205637482~~ It is apparent that private security contractors possess a number of these important capabilities and AND and concerns associated with using private security contractors to augment the future force.
Extinction
Bennett 8 – 12/4, John, DefenseNews ~"JFCOM Releases Study on Future Threats", http://www.defensenews.com/story.php?i=3850158~~ The study predicts future U.S. forces’ missions will range "from regular AND based on the serious implications for homeland security alone," said the report.
No impact to CMR
Hansen 9 – Victor, Associate Professor of Law, New England Law Schol ~Summer, "SYMPOSIUM: LAW, ETHICS, AND THE WAR ON TERROR: ARTICLE: UNDERSTANDING THE ROLE OF MILITARY LAWYERS IN THE WAR ON TERROR: A RESPONSE TO THE PERCEIVED CRISIS IN CIVIL-MILITARY RELATIONS," South Texas Law Review, 50 S. Tex. L. Rev. 617, p. lexis ~cs According to Sulmasy and Yoo, these conflicts between the military and the Bush Administration AND military relations exists. It is to this question that we now turn.
Kaplan 26 Kaplan 11 – Robert D., senior fellow at the Center for a New American Security in Washington and a member of the Pentagon’s Defense Policy Board, and Stephen S., former vice chairman of the National Intelligence Council as well as a longtime daily White House briefer and director of the president’s daily briefing ~March/April 2011, "America Primed," http://nationalinterest.org/print/article/america-primed-4892-http://nationalinterest.org/print/article/america-primed-4892~~gw OF COURSE even this set of assets is not enough to ensure American primacy— AND them, but as a quid pro quo for this implicit security guarantee.
Multiple alt causes
McGill 12 – School of Graduate and Continuing Studies in Diplomacy – Norwich U, and Gray, Campbell University ~Anna-Katherine and David, "Challenges to International Counterterrorism Intelligence Sharing," Global Security Studies, Summer, Volume 3, Issue 3~gw Indeed, in the aftermath of 9/11 the US saw not only its AND -to-shoulder with the U.S." (Heller 1).
No European or NATO drone opposition—-recent shifts
EU cooperation on anti-terrorism inevitable – in their self interest
Archick 13 – Kristin, European affairs specialist @ CRS ~9-4-2013, "U.S.-EU Cooperation Against Terrorism," Congressional Research Service, http://www.fas.org/sgp/crs/row/RS22030.pdf-http://www.fas.org/sgp/crs/row/RS22030.pdf~~gw Over the last several years, the EU has continued working to strengthen its counterterrorism AND EU officials assert that continued vigilance and enhanced cooperation against terrorism remains essential.
They need us more than we need them
Perry and Dodds 13 – Nick Perry, AP Correspondent for New Zealand and the South Pacific, and Paisley Dodds, London Bureau Chief for AP ~July 16, 2013, "Experts Say US Spy Alliance Will Survive Snowden," http://www.military.com/daily-news/2013/07/16/experts-say-us-spy-alliance-will-survive-snowden.html~~gw WELLINGTON, New Zealand—Britain needed U.S. intelligence to help thwart AND so great, they’d be crazy to give it up," he said.
2/21/14
1NC vs Liberty AB
Tournament: West Point | Round: 4 | Opponent: Liberty AB | Judge:
DA
Presidential power is high now
Douglas 12 – William, Boston Herald ~6/24/12, Boston Herald, "Obama asserts presidential powers he once spoke out against," http://www.bostonherald.com/news/-http://www.bostonherald.com/news/ us_politics/view/20120624obama_asserts_presidential_powers_he_once_spoke_out_against/~ President Barack Obama is starting to channel his inner Cheney. For years, Obama AND "The Cult of the Presidency: America’s Dangerous Devotion to Executive Power."
Congressional restrictions undermine the credibility of presidential threats
Sidak 91 – J. Gregory, Law Professor, Stanford University ~September, TO DECLARE WAR,41 Duke L.J. 27, Lexis~gw Ely is correct that nobody wants a constitutional dictatorship. But he is wrong to AND were likely to take more than thirty, sixty, or ninety days.
Presidential weakness emboldens adversaries – that triggers multiple scenarios for conflict
South China Morning Post 2k ~"Position of Weakness" 12-11-00, p. L/N~ A weak president with an unclear mandate is bad news for the rest of the AND the world needs the United States to use its power deftly and decisively.
Conflict over Taiwan causes nuclear war
Glaser 11 – Charles, George Washington University Political Science Professor ~"Will China’s Rise Lead to War? ", Foreign Affairs, Mar/April 2011, Vol. 90, Issue 2, EBSCO~gw THE PROSPECTS for avoiding intense military competition and war may be good, but growth AND military efforts and a general poisoning of U.S.-Chinese relations.
CP
Text – The Chair of the Joint Chiefs of Staff of the United States should issue a national military strategy, and corresponding strategic concept focused on implementation, that Pakistani approval of remotely piloted aircraft targeting entities within Pakistan is necessary to achieve that national security goals of the United States. We’ll clarify.
Competes – the CP doesn’t mandate the plan. It issues a recommendation that results in policy change.
Solves – NMS is a keystone document that shapes military policy – it integrates consultation between Congress and the DOD, building broad support for the plan
Meinhart 8 (Dr. Richard M., Professor of Defense and Joint Processes at the U.S. Army War College, "National Military Strategies: 1990 to 2007", National Security Policy and Strategy, Ed. Bartholomees, June, http://www.dtic.mil/cgi-bin/GetTR Doc?AD=ADA48268826Location=U226doc=GetTRDoc.pdf)
CONCLUSION The National Military Strategy is the keystone document of an overarching strategic planning system AND important in today’s volatile, uncertain, complex and ambiguous global security environment.
NMS can effectively cause shapes operational planning, resource allocation, and future defense planning
Should not the National Military Strategy provide this "strategic pull’? Is the Joint AND planning, and programming for the military 20 years from now begins today.
T
Restrictions are prohibitions on action —- the aff is a reporting requirement
Schiedler-Brown 12 – Jean, Attorney, Jean Schiedler-Brown 26 Associates ~Appellant Brief of Randall Kinchloe v. States Dept of Health, Washington, The Court of Appeals of the State of Washington, Division 1, http://www.courts.wa.gov/content/Briefs/A01/68642920Appellant20Randall20Kincheloe27s.pdf~~ 3. The ordinary definition of the term "restrictions" also does not include AND some supervision conditions, but he did not agree to restrict his license.
Vote neg—-
Only prohibitions on authority guarantee neg ground—-their interpretation lets affs no link the best neg offense like deference
Precision—-only our interpretation defines "restrictions on authority"—-that’s key to adequate preparation and policy analysis
DA
CMR is high now – all of Obama’s decisions occur within a consultative framework
Shane 12 – Leo Shane III, as worked at Stars and Stripes since 2004, covering Capitol Hill and the White House. His beats include legislation affecting military policy and veterans issues. His work also includes overseas coverage of military operations in Afghanistan, Iraq, Chile and Ecuador. In 2010, Shane was part of a team of reporters who received a Polk Award and a National Headliner Award for stories that revealed the military’s practice of profiling journalists in Afghanistan in an attempt to steer coverage of the war. ~10/15, http://www.stripes.com/where-they-stand-obama-on-foreign-policy-military-and-vets-issues-1.193169~~gw That’s why President Obama, in consultation with our military and civilian leadership, made AND that it maintains the United States as the strongest military in the world.
Changes to war powers cause massive backlash to the military
Patterson 9 – Rebecca, Dissertation for Poli Sci PhD from George Washington University 8/31, "The U.S. Army and Nation-Building: Explaining Divergence in Effective Military Innovation," Civil-military relations have rarely been used as an explanatory variable for military effectiveness AND turn undermines effectiveness.1167 Indeed, this study’s findings support these assertions.
Lack of U.S. primacy ensures systemic and catastrophic nuclear wars
White 8 – Hugh, Professor of Strategic Studies at Australian National University ~’Why War in Asia Remains Thinkable’, Survival, 50:6, 85-104~cn Finally, the fourth model is the balance-of-power system that shaped AND way, an order is emerging in which major war is more likely.
DA
Al-Qaeda is down, but not out – continuing current counterterrorism policies is key
Statutory restrictions destroy executive flexibility in the War on Terrorism
Yoo 6 – a visiting scholar at AEI ~John, July 7, The High Court’s Hamdan Power Grab, http://www.aei.org/publications/filter.all,pubID.24630/pub_detail.asp, Accessed August 3, 2006~gw Long-standing U.S. practice recognizes that the president, as commander AND blocked—giving him the flexibility to wage a successful war on terrorism.
Presidential flexibility is key to prevent WMD terrorism
Royal 11 – JOHN PAUL ROYAL, Institute of World Politics ~"War Powers and the Age of Terrorism," Center for the Study of the Presidency 26 Congress The Fellows Review, 2010-2011~gw Proliferation of weapons of mass destruction (WMD), especially nuclear weapons, into the AND changes, Congress possesses the intrinsic power to rescind and limit these powers.
Nuclear terrorism causes extinction
Morgan 9 – Dennis Ray, Hankuk University of Foreign Studies ~Dec, "World on fire," 41 South Korea Futures 10, 683-693~cn In a remarkable website on nuclear war, Carol Moore asks the question "Is AND , to a life of unimaginable misery and suffering in a nuclear winter.
Sharif
No econ impact
Jervis 11 – Robert, Professor in the Department of Political Science and School of International and Public Affairs at Columbia ~Dec, "Force in Our Times," Survival, Vol. 25, No. 4, p. 403-425~cs Even if war is still seen as evil, the security community could be dissolved AND times bring about greater economic conflict, it will not make war thinkable.
Drone strikes in Pakistan way down – can’t live in the past
Cohen 13 ~Michael Cohen, Give President Obama a chance: there is a role for drones, London Guardian, May 23, 2013joe~ Drone critics have a much different take. They are passionate in their conviction that AND in Somalia there has been no strike reported for more than a year.
Drone strikes in Pakistan way down – sq recognizes the blowback arg
Thompson 13 ~Julia Thompson, Time to reassess drones, Dawn (Pakistan), April 26, 2013, Vol. LXVII No. 115joe~ THE US drone strike programme has entered a period of re-evaluation and reconfiguration AND 2010, the number fell to 73 in 2011 and 48 in 2012.
Attempts to consult Pakistan lead to tipoffs
GANNON 13 ~KATHY GANNON and SEBASTIAN ABBOT, Criticism alters US drone program in Pakistan, Associated Press, July 25, 2013joe~ These officials believe Pakistan must be given greater participation in the strikes, or they AND information would make its way to China, a close ally of Islamabad.
Not enough trust to read Pakistan into the drone program
Markey 13 (Daniel Markey Senior Fellow on India, Pakistan and South Africa at the CFR, "A New Drone Deal For Pakistan" Foreign Affairs. July 16, 2013. http://www.foreignaffairs.com/articles/139584/daniel-markey/a-new-drone-deal-for-pakistan) This solution also has an assortment of practical problems, from the time lag between AND over time, however, this might be a useful model for cooperation.
Further drone restrictions inevitable – new Pakistani leadership
Daniel Markey 2013 (Senior Fellow on India, Pakistan and South Africa at the CFR, "A New Drone Deal For Pakistan" Foreign Affairs. July 16, 2013. http://www.foreignaffairs.com/articles/139584/daniel-markey/a-new-drone-deal-for-pakistan) *corrected for gendered language For all its successes, the U.S. drone program in Pakistan is AND campaign against al Qaeda on firmer political footing without entirely eliminating its effectiveness.
No Pakistan coup – the military remains highly obedient
Lieven 2 – Senior Associate at Carnegie Endowment for International Peace ~Anatol, "The Pressures on Pakistan," Foreign Affairs, January/February, p. 106, LN~ Fortunately, the risk of Islamist rebellion within the army, although real, is AND . These American programs should now be resumed as a matter of urgency.
Robock’s an idiot, Indo-Pak war won’t cause nuclear winter
LFTR 10 (Lifeboat Foundation Technology Research Think Tank, "dedicated to encouraging scientific advancements while helping humanity survive existential risks" Brian Wang MBA, "Nuclear Winter and Fire and Reducing Fire Risks to Cities" http://nextbigfuture.com/2010/04/nuclear-winter-and-fire-and-reducing.html 4/17/10)
I looked at nuclear winter and city firestorms a few months ago I will summarize AND released in an emergency to more effectively fight any large area of fire.
Terrorists can’t obtain or use nukes
Chapman 8 – Steven, columnist and editorial writer for the Chicago Tribune ~2/8, http://reason.com/news/show/124874.html~~cn Ever since Sept. 11, 2001, Americans have had to live with the knowledge that the next time the terrorists strike, it could be not with airplanes capable of killing thousands but atomic bombs capable of killing hundreds of thousands. The prospect has created a sense of profound vulnerability. It has shaped our view of government policies aimed at combating terrorism (filtered through Jack Bauer). It helped mobilize support for the Iraq war. Why are we worried? Bomb designs can be found on the Internet. Fissile material may be smuggled out of Russia. Iran, a longtime sponsor of terrorist groups, is trying to acquire nuclear weapons. A layperson may figure it’s only a matter of time before the unimaginable comes to pass. Harvard’s Graham Allison, in his book Nuclear Terrorism: The Ultimate Preventable Catastrophe, concludes, "On the current course, nuclear terrorism is inevitable." But remember: After Sept. 11, 2001, we all thought more attacks were a certainty. Yet Al Qaeda and its ideological kin have proved unable to mount a second strike. Given their inability to do something simple—say, shoot up a shopping mall or set off a truck bomb—it’s reasonable to ask if they have a chance at something much more ambitious. Far from being plausible, argued Ohio State University professor John Mueller in a recent presentation at the University of Chicago, "the likelihood that a terrorist group will come up with an atomic bomb seems to be vanishingly small." (http://polisci.osu.edu/faculty/jmueller/ APSACHGO.PDF) The events required to make that happen include a multitude of herculean tasks. First, a terrorist group has to get a bomb or fissile material, perhaps from Russia’s inventory of decommissioned warheads. If that were easy, one would have already gone missing. Besides, those devices are probably no longer a danger, since weapons that are not scrupulously maintained (as those have not been) quickly become what one expert calls "radioactive scrap metal." If terrorists were able to steal a Pakistani bomb, they would still have to defeat the arming codes and other safeguards designed to prevent unauthorized use. As for Iran, no nuclear state has ever given a bomb to an ally—for reasons even the Iranians can grasp. Stealing some 100 pounds of bomb fuel would require help from rogue individuals inside some government who are prepared to jeopardize their own lives. The terrorists, notes Mueller, would then have to spirit it "hundreds of miles out of the country over unfamiliar terrain, and probably while being pursued by security forces." Then comes the task of building a bomb. It’s not something you can gin up with spare parts and power tools in your garage. It requires millions of dollars, a safe haven and advanced equipment—plus people with specialized skills, lots of time and a willingness to die for the cause. And if Al Qaeda could make a prototype, another obstacle would emerge: There is no guarantee it would work, and there is no way to test it. Assuming the jihadists vault over those Himalayas, they would have to deliver the weapon onto American soil. Sure, drug smugglers bring in contraband all the time—but seeking their help would confront the plotters with possible exposure or extortion. This, like every other step in the entire process, means expanding the circle of people who know what’s going on, multiplying the chance someone will blab, back out or screw up. Mueller recalls that after the Irish Republican Army failed in an attempt to blow up British Prime Minister Margaret Thatcher, it said, "We only have to be lucky once. You will have to be lucky always." Al Qaeda, he says, faces a very different challenge: For it to carry out a nuclear attack, everything has to go right. For us to escape, only one thing has to go wrong. That has heartening implications. If Osama bin Laden embarks on the project, he has only a minuscule chance of seeing it bear fruit. Given the formidable odds, he probably won’t bother. None of this means we should stop trying to minimize the risk by securing nuclear stockpiles, monitoring terrorist communications and improving port screening. But it offers good reason to think that in this war, it appears, the worst eventuality is one that will never happen.
Terrorism isn’t an existential threat
Fettweis 10 – Christopher, assistant professor of national security affairs at the U.S. Naval War College 2010, Threat and Anxiety in US Foreign Policy’, Survival, 52:2 Even terrorists equipped with nuclear, biological or chemical weapons would be incapable of causing AND unpleasant as such events would be, they do not represent existential threats.
Pakistanis’ prefer drones to Pakistani military crackdowns
Anderson 13 ~Kenneth Anderson, Professor of International Law at American University, June 2013, "The Case for Drones," Commentary, Vol. 135, No. 6~ There is also debate about the degree to which villagers are aware that the American AND concerns about whether villages might be sufficiently provoked against American infantry are subsiding.
Prefer our evidence to their propaganda—doomsday scenarios involving extremist takeovers of Paksitani nuclear weapons are designed to make Pakistan look unreliable—in reality, facilities are heavily guaraded and none of the Islamist groups inside Pakistan would use nuclear weapons or give them to terrorists.
THE sickening regularity of reports emerging in US and West, calling into question Pakistan’s AND even Taleban remains a ’riddle wrapped in a mystery inside an enigma’.
B) Anti-war sentiment means the U.S. would just step up internal security measures
Bremmer 4 – Ian, president of Eurasia Group and senior fellow at the World Policy Institute ~"Suppose a new 9/11 hit America", New Statesman, Online~cn This time, the public response would move much more quickly from shock to anger AND have nowhere near the public support it enjoyed for the invasion of Afghanistan.
Terrorist leaders hide in cities assuming the US wont risk collateral damage
Thompson 13 ~Julia Thompson, Time to reassess drones, Dawn (Pakistan), April 26, 2013, Vol. LXVII No. 115joe~ The military efficacy of drone strikes in Pakistan is constrained for several reasons. Confined AND in Karachi, accused of involvement in US journalist Daniel Pearl’s 2002 murder.
LA Times 2 (6/2,l/n) Experts such as Krepon and government officials stress that they don’t believe Musharraf or Indian AND . The two are not expected to meet one on one, however.
Pakistan cooperates w/USA on drones
SHAH 13 ~SAEED SHAH, Pakistan Is Pressed to Halt U.S. Drone Strikes, National Herald Tribune, May 24, 2013joe~ The U.S. has remained largely silent on its drone program. American AND anger against the strikes, the Pakistani military has greatly reduced this cooperation.
Bunch of reasons why consult would be bad
Markey 13 (Daniel Markey Senior Fellow on India, Pakistan and South Africa at the CFR, "A New Drone Deal For Pakistan" Foreign Affairs. July 16, 2013. http://www.foreignaffairs.com/articles/139584/daniel-markey/a-new-drone-deal-for-pakistan) A final option — and the only realistic compromise at present — would be for AND is one that Washington would be wise to learn how to bargain with.
Only banning drones will solve the aff
Markey 13 (Daniel Markey Senior Fellow on India, Pakistan and South Africa at the CFR, "A New Drone Deal For Pakistan" Foreign Affairs. July 16, 2013. http://www.foreignaffairs.com/articles/139584/daniel-markey/a-new-drone-deal-for-pakistan) The question is whether Washington and Islamabad can find a deal that addresses Pakistani concerns AND leaders, this solution remains off the table in nearly any conceivable future.
No collapse—Pakistan has survived much larger conflicts in the past and can co-opt opposing factions
Mohan 5 – Professor of South Asian Studies at Jawaharlal Nehru University in New Delhi (C. Raja, "What If Pakistan Fails? India Isn’t Worried… Yet," Winter 04-05, http://www.twq.com/05winter/docs/05winter_mohan.pdf) A second measure of a failed state is a bitter and enduring contest among warring AND have not acquired much intensity or a pervasive hold over the entire population.
Central Asia is a low priority region for the Russia, China, and the U.S. – no risk of major conflict
Weitz 6 – Senior Fellow and Associate Director of Center for Future Security Strategies at Hudson Institute ~Richard, "Averting a New Great Game in Central Asia," Washington Quarterly, Summer, http://www.c4ads.org/files/weitz_twq_summer06_centasia.pdf~~ Fortunately, the fact that Central Asia does not represent the most important geographic region AND overtly competitive policies could undermine these opportunities for cooperation and should be avoided.
No collapse—Pakistan has survived much larger conflicts in the past and can co-opt opposing factions
Mohan 5 – Professor of South Asian Studies at Jawaharlal Nehru University in New Delhi (C. Raja, "What If Pakistan Fails? India Isn’t Worried… Yet," Winter 04-05, http://www.twq.com/05winter/docs/05winter_mohan.pdf) A second measure of a failed state is a bitter and enduring contest among warring AND have not acquired much intensity or a pervasive hold over the entire population.
Central Asia is a low priority region for the Russia, China, and the U.S. – no risk of major conflict
Weitz 6 – Senior Fellow and Associate Director of Center for Future Security Strategies at Hudson Institute ~Richard, "Averting a New Great Game in Central Asia," Washington Quarterly, Summer, http://www.c4ads.org/files/weitz_twq_summer06_centasia.pdf~~ Fortunately, the fact that Central Asia does not represent the most important geographic region AND overtly competitive policies could undermine these opportunities for cooperation and should be avoided.
Empirically denied – there are multiple instances of instability in Afghanistan alone – proves no escalation
Multiple alternate causalities to stability in the region
Bureau of European and Eurasian Affairs 2 ~"Promoting Long-term Stability in Central Asia: U.S. Government Assistance One Year After 9/11," Nov. 27, US Department of State, http://www.state.gov/p/eur/rls/fs/15560.htm~~ Nevertheless, the success of Operation Enduring Freedom is no guarantee of stability in Central AND management and law enforcement cooperation. Ongoing border disputes seriously impede regional trade.
10/21/13
1NC vs Liberty CE
Tournament: West Point | Round: Semis | Opponent: Liberty CE | Judge:
Counter Advocacy
ONE man here weighs just 77 pounds. Another, 98. Last thing I AND chest, throat and stomach. I had never experienced such pain before.
Thus Rob and I affirm that the detention site of Guantanamo Bay must end. The roll of the ballot is to affirm the movement against the human rights abuses of Guantanamo Bay.
The 1ACs representations of "indefinite detention" are a mask to the human rights abuses occurring at Guantanamo Bay. Claiming the debate community is indefinitely detaining them forcefully washes over the torture in prison camps. Guantanamo operates as a focal point for biopolitical control – only by establishing a legal space for the detainee can we deconstruct the juridico-political discourse of the status quo.
Federman 11 (Cary Federman, received Ph.D. in Political Science from the University of Virginia and has taught at the University of Virginia and at James Madison College (Michigan State University). Recipient of two Fulbright scholarships, taught law and political science at the University of Zagreb, Croatia and criminology at the Institute of Criminology, Faculty of Law, University of Ljubljana, Slovenia. Has lectured at the University of Belgrade Faculty of Law, the University of Graz (Faculties of Law and Social Sciences), and taught American Politics and Law at Palacky University, the Czech Republic, "Guantanamo Bodies: Law, Media, and Biopower" http://www.academia.edu/1051667/Guantanamo_Bodies_Law_Media_and_Biopower-http://www.academia.edu/1051667/Guantanamo_Bodies_Law_Media_and_Biopower, 2011 (NOTE-THE MUSSELMAN IS A BEING THAT HAS BEEN SO SEVERELY DEGRADED TO SEEM TO BE ON THE EDGE OF DEATH, THE ZOE IS A BEING THAT IS CONDEMNED IN A SPIRITUAL OR PHYSICAL SENSE) DS)/rob To be sure, the inmates of Guantánamo are not in the same situation as AND has replaced the city as the paradigmatic structure of modern times that informs subjectivity’
A lack of action on Guantanamo represents the ultimate indication of biopolitics—these actions justify infinite suffering
Piotukh 8—Volha, School of Politics and International Studies @ The University of Leeds ~6/6, www.pol.ed.ac.uk/data/assets/word_doc/0004/.../Piotukh_Paper.doc~ab I would suggest that theorising on biopower and biopolitics can provide useful insights not only AND only through an endless suffering" (Wadiwel, 2003 p. 120).
Our impacts come first—our discursive challenges of the manifestations of the War on Terror serves as the antithesis to the underpinning of what makes war possible
Federman 11—Cary, former prof @ UVA and MSU; received two Fulbright scholarships, prof @ U of Zagreb, Croatia ~http://www.academia.edu/1051667/Guantanamo_Bodies_Law_Media_and_Biopower~~ab First, the war on terror. Apart from the reality of war on the AND a political and institutional structure than as one element among many that structures subjectivity
The intersection of law and detention camp creates the norms of biopolitical control on otherized populations
Federman 11 (Cary Federman, , received Ph.D. in Political Science from the University of Virginia and has taught at the University of Virginia and at James Madison College (Michigan State University). Recipient of two Fulbright scholarships, taught law and political science at the University of Zagreb, Croatia and criminology at the Institute of Criminology, Faculty of Law, University of Ljubljana, Slovenia. Has lectured at the University of Belgrade Faculty of Law, the University of Graz (Faculties of Law and Social Sciences), and taught American Politics and Law at Palacky University, the Czech Republic, "Guantanamo Bodies: Law, Media, and Biopower" http://www.academia.edu/1051667/Guantanamo_Bodies_Law_Media_and_Biopower-http://www.academia.edu/1051667/Guantanamo_Bodies_Law_Media_and_Biopower, 2011~/rob The popular image of Guantánamo detainees is of shackled, hooded men in orange jump AND the value of life itself, measured by the body of the prisoner.
Knowledge Off
You are no longer the judge in this round because the aff has taken away your position. They have determined and created the guidelines for your evaluation at the end of this debate, determining that there is only one way in which you can make your decision and only one way in which we can ground our discussions of the world’s issues.
The affirmative has become one of the oppressors, those who act upon people to adjust them to a single reality only corresponding to their view of the world, instead of that of the people. In this sense, the 1AC’s ballot becomes a single worldview and not that of the people, forcing us to be trapped by the banking line
Friere 70 – Paulo, educator and director of the Department of Cultural Extension of Recife University ~Pedagogy of the Oppressed, Chapter 1~ For the truly humanist educator and the authentic revolutionary, the object of action is AND . Such a program constitutes cultural invasion,~11~good intentions notwithstanding.
It is from their panoptic approach that we find the controlling mechanism of argumentation in the 1AC, specifically when they say .
This creation of community, along with the single paradigm cognition, causes us to commit the very community that we call upon to the tomb.
Nancy 86 – Jean-Luc, author ~The Inoperable Community. Pg. xxxviii-xli~ Finitude, or the infinite lack of infinite identity, if we can risk such AND which is to say, without community, deprived of our finite existence.
An embracement of their knowledge is diffidently a good thing. However, our issue is with the production of the knowledge and attempts of framing the debate round solely around a single worldview, actions that marginalize the diversity of knowledge that comes from the otherized positions of the world.
Kincheloe 05 – Joe, professor of education at CUNY graduate center urban education program and at Brooklyn College ~Critical Constructivism, Pg. 9~ In constructivist theory, different individuals coming from diverse backgrounds will see the world in AND classroom. Indeed earth teacher carries a unique disposition with her or him.
This is a criticism of their method of knowledge production. Yes, the affirmative might criticize the way western, Eurocentric knowledge production has placed itself over society and controlled our interactions in the world, but they take the process too far by replacing the harms and dominant epistemology of the status quo with the prevailing method of the 1AC.
Kincheloe 08 – Joe L., the Canada Research Chair in Critical Pedagogy in the Faculty of Education at McGill University ~the Canada Research Chair in Critical Pedagogy in the Faculty of Education at McGill University, P37-38~ Critical epistemology understands that knowing in a complex and ethical sense always understands knowledge is AND hire their own. We can begin to see why knowledge is power.
Our alternative is the rejection of a prevailing brand of knowledge production which fuels the banking concepts that standardize our education and actions and embracing of critical constructivism. This is the refusal to create action, debate, communication, and community based solely around a single normative ideology.
This is critical constructivism
Kincheloe 05 – Joe, professor of education at CUNY graduate center urban education program and at Brooklyn College ~Critical Constructivism, Pg. 15~ With this reconstructive imperative in mind one of the central tasks of a critical constructivist AND is viewed from a lens that portrays (constructs) it as acceptable.
Instead of answering the world’s problems with the standardized "fill in the blank" answer that the affirmative provides you for your ballot, you can vote neg to embrace the reconstructive imperative that instead formulates questions about the world without a limited amount of standardized set answers.
Case
The volume of critique literature and discussion demonstrates that there is no shortage of protest. The problem is that we confuse repetition of our message with political action. No matter how benign and "revolutionary" the rhetoric of a new humanity plays into the hands of existing political structures because it replaces an empty gesture for real political action.
Nayar, 99 (Jayan, (School of Law, University of Warwick) Transnational Law 26 Contemporary Problems, Fall, 9 Transnat’l L. 26 Contemp. Probs. 599).
The description of the continuities of violence in Section II in many ways is familiar AND ) voice, little is changed in the order-ing of worlds.
Small gestures enable the smooth functioning of racism. Guilt is alleviated and the psychological need for structural change does not occur.
Gillborn 09, (Professor of Critical Race Studies in Education @ the Institute of Education, Univ. of London. David, "Whatever happened to institutional racism? How the ’White working class’ were made into the new race victims," Transcript from the National Arts Learning Network Annual Conference, Mark Crawley (Chair). ~PDF Online @~ www.naln.ac.uk/download.cfm?docid=3F7A4B83-8FBD-4E6E-89F8585CF5231A7F) Accessed 04.08.10 jfs ¶ So CRT comes out of a very different kind of social rights activist tradition AND just, see what we just did for minorities, or the poor.
The law can help people —- reformism is empirically more successful than revolutionary withdrawal.
Kazin, Professor of History at Georgetown University, ’11 ~Michael, Has the US Left Made a Difference, Dissent Spring p. 52-54~ But when political radicals made a big difference, they generally did so as decidedly AND …are too much to live up to and too much to escape."
Identity politics makes true reform impossible…we look for infinite particular situations and lose site of a universal demand for justice.
Hallward, 03 (Badiou: a subject to truth, Peter Hallward, University of Minnesota Press Minneapolis / London 2003, Professor of Modern European Philosophy, Centre for Research in Modern European Philosophy, Middlesex Univeristy).
Every invocation "of custom, of community, works directly against truths" ( AND , 27). True justice is either for all or not at all.
Protest within the academy support dominant ideologies because they are co-opted as self-congratulatory proof of the liberal tolerance of the existing order. The co-optation of safe protest also legitimates the violent elimination of more threatening protest.
If protest culture represents the expression of intellectual and political liberty in contemporary neo- AND — translate into concrete political practices that transcend their negation by the market.
Material reality is more important than the critique. Given that we have no real intention of implementing the alternative beyond the empty gesture of the ballot, the criticism turns itself by giving us false distance from the existing order—placing us more firmly within it.
Developing this idea in specifically Marxist terms, Žižek emphasizes the point that commodity fetishism AND certainty of its suggestion of direct action in pursuit of clearly understood interests.
Western knowledge isn’t intrinsically racist—the concepts are abstract and history disproves—the Aff is just playing word games
Levin 99 (January, Michael Levin, Professor of philosophy at the City University of New York, focuses on espistemology and race, PhD in philosophy from Columbia, review of "Outlaw, Lucius T., Jr. On Race and Philosophy.", in Ethics, published by UChicago, vol 109 num 2, page 454-455, IWren)
This collection of essays instances a familiar schema: some white-male-dominated AND where none exist between those subjects and, for example, Bantu mythology.
Experience denies us the ability to scrutinize your epistemology – this produces a bad model of debate
Scott ’91 (Joan W., University of Wisconsin, Ph.D; University of Illinois at Chicago Circle, Assistant Professor; Northwestern University, Assistant Professor; University of North Carolina at Chapel Hill, Associate Professor, Professor; Brown University, Nancy Duke Lewis University Professor, Pembroke Center for Teaching and Research on Women, Founding Director; Institute for Advanced Study, Member, Professor, Harold F. Linder Professor, "The Evidence of Experience," Critical Inquiry, Vol. 17, No. 4 (Summer, 1991), p. 788-89 By definition, he argues, history is concerned with explanation; it is not AND claim to be makers of reality" ("IH," p. 906).
10/20/13
1NC vs Liberty HM
Tournament: UGA | Round: 6 | Opponent: Liberty Holguin-Miller | Judge: Brass
T
A) INTERPRETATION
"USFG" followed by "should" means the debate is about the desirability of enacting a government policy
Ericson 3 – Jon, Dean of the College of Liberal Arts – California Polytechnic U ~The Debater’s Guide, Third Edition, p. 4~cn In policy propositions, each topic contains certain key elements, although they have slightly AND compelling reasons for an audience to perform the future action that you propose.
"Resolved" means a yes/no question about policy adoption – the debate context is key
Parcher 1 – Jeff, J.D., Director for Communications at the Center for Community Change ~Feb 26, "Is the Resolution a Question?" Online~ (1) Pardon me if I turn to a source besides Bill. American AND or ’no’ - which. of course. are answers to a question.
THUS, given a policy resolution, the role of the ballot is to answer a single yes/no question: Would the USFG implementing a ~substantial increase in its democracy assistance~ be more desirable than the status quo or a competitive alternative?
B) VIOLATION
The affirmative does not defend the USFG literally and immediately enacting such a policy. Instead, they ask you to ~resolve some other question with the ballot~.
C) PREFER OUR INTERPRETATION
1) Predictable Limits – they justify shifting the topic of debate to an infinite number of other questions, which rigs the game for the aff because we can’t adequately research and prepare against them.
And, the topic must be presupposed for meaningful debate to occur
Ehninger 70 – Douglas, Professor of Speech at U-Iowa ~Jun, Speech Monographs, p. 108~cn If two friends differ on whether they will gain greater satisfaction from dining at Restaurant AND need to assume and agree upon as a necessary condition of argumentative interchange.
2) Reciprocal Ground – other frameworks are self-serving, because they divide ground on some non-resolutional basis – this hamstrings the neg since the aff could always just defend some one-sided issue like "Racism is bad."
And, it’s easy to point out problems – the real ground for debate is over the implementation of imperfect policy solutions
Rosenthal 9 – Alan, professor of public policy and political science at Rutgers University ~Jul, http://www.ncsl.org/documents/public/trust/LessonPlans_HS.pdf~~cn The environment is a rough one, but a most important obstacle democracy faces is AND many of the states attests to the division in the ranks of Americans.
3) Topic Education – our interpretation best facilitates IN-DEPTH discussions about the important, timely policy questions raised by the resolution – topic education outweighs because we have the same stale critical theory debates every year; the topic is the only thing that changes.
And, in-depth learning about government policymaking is key to creating public intellectuals who can check dangerous elites and solve societal problems
McClean 1 – David, Ph.D., Lecturer in Philosophy, Molloy College, New York and Rutgers University ~"The Cultural Left and the Limits of Social Hope," www.american-philosophy.org/archives/past_conference_programs/pc2001/Discussion20papers/david_mcclean.htm-http://www.american-philosophy.org/archives/past_conference_programs/pc2001/Discussion papers/david_mcclean.htm~cn Yet for some reason, at least partially explicated in Richard Rorty’s Achieving Our Country AND critics with their snobish disrespect for the so-called "managerial class."
4) Gotta have a plan—failure to have a concrete option we can debate against guarantees that oppression continues and efforts for change backfire
What follows is not an attempt to discredit our efforts. It was a powerful AND others will be prepared to build up the state or a new state.
D) THIS IS A VOTING ISSUE – our standards prove in-round and pre-round abuse, and your ballot helps create community norms that promote fair and educational debate
6. Independently—if they shift explanation vote them down, with or without framework we can’t debate when the role of the plan shifts. They had 9 minutes to explain this stuff, if it wasn’t clear by then don’t help them out.
Donohue K
Material reality is more important than the critique. Given that we have no real intention of implementing the alternative beyond the empty gesture of the ballot, the criticism turns itself by giving us false distance from the existing order—placing us more firmly within it.
Developing this idea in specifically Marxist terms, Žižek emphasizes the point that commodity fetishism AND certainty of its suggestion of direct action in pursuit of clearly understood interests.
Ideological transgression is a continuation of the existing order—the power of the protest structurally depends upon the continued authority of what the system. The critique functions as a carnivalesque reversal of authority—
Žižek, 95 ((Philosopher and Psychoanalyst, Institute for Social Sciences, University of Ljubljana LAW AND THE POSTMODERN MIND: SUPEREGO BY DEFAULT, Cardozo Law Review, 1995, 16 Cardozo L. Rev. 925).
In the traditional patriarchal society, the inherent transgression of the law assumes the form AND the cynic the clearest example of one obsessed precisely with the national thing?
Protest within the academy support dominant ideologies because they are co-opted as self-congratulatory proof of the liberal tolerance of the existing order. The co-optation of safe protest also legitimates the violent elimination of more threatening protest.
If protest culture represents the expression of intellectual and political liberty in contemporary neo- AND — translate into concrete political practices that transcend their negation by the market.
Hence we present our alternative: reject the affirmative call to action on the grounds that it plays into the power of the structures they claim to critique.
By demonstrating that the affirmative has libidinal attachments to the very structures of domination that they critique, we turn and outweigh the affirmative:
1) Our critique is a pre-requisite to their project. We do not reject the affirmative’s goals but prove that they make solvency impossible. Truly authentic political acts are those that change the very Symbolic coordinates of the dominant ideology. Such acts are impossible in a world where the Symbolic Order is left intact.
The volume of critique literature and discussion demonstrates that there is no shortage of protest. The problem is that we confuse repetition of our message with political action. No matter how benign and "revolutionary" the rhetoric of a new humanity plays into the hands of existing political structures because it replaces an empty gesture for real political action.
Nayar, 99 (Jayan, (School of Law, University of Warwick) Transnational Law 26 Contemporary Problems, Fall, 9 Transnat’l L. 26 Contemp. Probs. 599).
The description of the continuities of violence in Section II in many ways is familiar AND and implicate our familiarities in ways that defy the simplicities of straightforward immutability. Continues... of the "other"—of cultures, languages, social systems, beliefs, AND the ordered "world," itself, impliedly, a component part of the ordered, order(ing), globalized world. The mutuality of "professional" AND ) voice, little is changed in the order-ing of worlds.
Case
Realism is inevitable
Mearsheimer 1 – John J., Prof. of Political Science at U Chicago ~The Tragedy of Great Power Politics, pp. 1-28~cn Alas, the claim that security competition and war between the great powers have been AND world as it is, not as we would like it to be.
God doesn’t exist
Tooley 13 – Michael, PhD from Princeton, Professor at UC Boulder ~Tooley, Michael, "The Problem of Evil", The Stanford Encyclopedia of Philosophy (Spring 2013 Edition), Edward N. Zalta (ed.), forthcoming URL = http://plato.stanford.edu/archives/spr2013/entries/evil/.~~gw The term "God" is used with a wide variety of different meanings. AND have the desire to eliminate all evil. Therefore, God doesn’t exist.
Engaging the government is essential to facilitating truly Christian goals – they cede the political to the Religious Right
Lerner 6 – Michael, Ph.D. (philosophy), Ph.D. (clinical psychology), Rabbi, former Professor of Law and Economics at Berkeley, former Professor of Philosophy at Trinity ~Jan/Feb, "Hostile takeover: theocracy in America," Tikkun 21.1, Academic OneFile~cn The growing power of the Religious Right requires more than the predictable array of " AND those who have not believed in him, and reward those who have.
The Christian values of the aff get distorted – the impact is infinite holy war and extinction
Lifton 3 – Robert, Professor of Psychiatry at Harvard, expert in the psychological causes of war ~Acc. Mar 20, 2011, www.thirdworldtraveler.com/Rogue_State_US/War_Terrorism_SPS.html~cn A superpower dominates and rules. Above all, it is never to be humiliated AND an escalating process that has in it the potential seeds of world destruction.
Appeals to Christianity destroy critical self-reflection – breaking away is key to prevent global atrocities
Bosworth 6 – David, Ph.D. (Biblical Studies), Professor of Theology at Barry University ~Fall, 7 Barry L. Rev. 65, LEXIS~cn Many people can understand the moral objections to holy war and worry about the excessive AND healing while offering practical guidance for preventing such atrocities in the future." 253
Carrier 2006 ~Richard, B.A. History (minor in Classical Civilization), UC Berkeley (1997) M.A. Ancient History, Columbia University (1998) M.Phil. Ancient History, Columbia University (2000) Ph.D. Ancient History, Columbia University (2008) Affiliations: Member of the American Philological Association Member of the Association of Ancient Historians Member of the Freedom From Religion Foundation Member of the History of Science Society Member of the Historical Society, "The End of Pascal’s Wager: Only Nontheists Go to Heaven" http://www.infidels.org/library/modern/richard_carrier/heaven.html-http://www.infidels.org/library/modern/richard_carrier/heaven.html, accessed 3-11-12~
If presented with strong evidence that a god must either be evil or not exist AND crimes, etc.). Only an evil god would probably allow such things.
Restrictions are prohibitions on action —- the aff is a reporting requirement
Schiedler-Brown 12 – Jean, Attorney, Jean Schiedler-Brown 26 Associates ~Appellant Brief of Randall Kinchloe v. States Dept of Health, Washington, The Court of Appeals of the State of Washington, Division 1, http://www.courts.wa.gov/content/Briefs/A01/68642920Appellant20Randall20Kincheloe27s.pdf~~ 3. The ordinary definition of the term "restrictions" also does not include AND some supervision conditions, but he did not agree to restrict his license.
Vote neg—-
Only prohibitions on authority guarantee neg ground—-their interpretation lets affs no link the best neg offense like deference
Precision—-only our interpretation defines "restrictions on authority"—-that’s key to adequate preparation and policy analysis
DA
Presidential power is high now
Douglas 12 – William, Boston Herald ~6/24/12, Boston Herald, "Obama asserts presidential powers he once spoke out against," http://www.bostonherald.com/news/-http://www.bostonherald.com/news/ us_politics/view/20120624obama_asserts_presidential_powers_he_once_spoke_out_against/~ President Barack Obama is starting to channel his inner Cheney. For years, Obama AND "The Cult of the Presidency: America’s Dangerous Devotion to Executive Power."
Judicial restrictions undermine the war on terrorism by diminishing flexibility and signaling weakness
Sekulow 4 – American Center for Law and Justice Chief Counsel ~Jay Allen, Amicus Brief for Rumsfeld v. Padilla, 3-17, http://www.wiggin.com/db30/cgi-bin/pubs/American20Center20for20Law2020Justice.pdf~~gw We are facing an enemy which willingly commits the most horrendous, suicidal acts against AND those who planned the 9-11 attacks and seek to repeat them.
Presidential weakness emboldens adversaries – that triggers multiple scenarios for conflict
South China Morning Post 2k ~"Position of Weakness" 12-11-00, p. L/N~ A weak president with an unclear mandate is bad news for the rest of the AND the world needs the United States to use its power deftly and decisively.
Conflict over Taiwan causes nuclear war
Glaser 11 – Charles, George Washington University Political Science Professor ~"Will China’s Rise Lead to War? ", Foreign Affairs, Mar/April 2011, Vol. 90, Issue 2, EBSCO~gw THE PROSPECTS for avoiding intense military competition and war may be good, but growth AND military efforts and a general poisoning of U.S.-Chinese relations.
CP
Text – The Chair of the Joint Chiefs of Staff of the United States should issue a national military strategy, and corresponding strategic concept focused on implementation, that all habeas corpus hearings of persons detained under the War Powers Authority of the President of the United States be subject to due process guarantees and that such individuals who have won their habeas corpus hearing be released is necessary to achieve that national security goals of the United States. We’ll clarify.
Competes – the CP doesn’t mandate the plan. It issues a recommendation that results in policy change.
Solves – NMS is a keystone document that shapes military policy – it integrates consultation between Congress and the DOD, building broad support for the plan
Meinhart 8 (Dr. Richard M., Professor of Defense and Joint Processes at the U.S. Army War College, "National Military Strategies: 1990 to 2007", National Security Policy and Strategy, Ed. Bartholomees, June, http://www.dtic.mil/cgi-bin/GetTR Doc?AD=ADA48268826Location=U226doc=GetTRDoc.pdf)
CONCLUSION The National Military Strategy is the keystone document of an overarching strategic planning system AND important in today’s volatile, uncertain, complex and ambiguous global security environment.
NMS can effectively cause shapes operational planning, resource allocation, and future defense planning
Should not the National Military Strategy provide this "strategic pull’? Is the Joint AND planning, and programming for the military 20 years from now begins today.
JCS leadership and autonomous decision-making is key to strong civil-military relations. The plan’s disregard for process collapses CMR.
Desch 7 (Michael C., Professor and Robert M. Gates Chair in Intelligence and National Security Decision-making at the George H. W. Bush School of Government and Public Service – Texas A26M University, "Bush and the Generals", Foreign Affairs, May/June, Lexis)
ARMCHAIR GENERALS Why did civil-military relations become so frayed in the Bush AND
the discrediting of the whole notion of civilian control of the military.
JCS guidance and consultation is necessary to effective civil-military coordination
Stoler 5 – prof, of history @ Vermont (Mark A., "Allies and Adversaries: The Joint Chiefs of Staff, the Grand Alliance, and US Strategy in World War II," p.1, Google Books, RG)
Foreign policy quickly became a concern of these organizations because of its integral relationship to AND and consultation, they main¬tained, could insure effective politico-military coordination.
Closing GITMO causes backlash from Republicans and the public
Corcoran 11 – Erin B., Professor of Law and Director, Social Justice Institute, University of New Hampshire School of Law ~Obama’s Failed Attempt to Close Gitmo: Why Executive Orders Can’t Bring About Systemic Change, Vol. 9, Iss. 2, V3~gw Second, an advocate should never underestimate the power of ¶ "Not In My AND is not usually willing to put idealism over ¶ its own backyard. ¶
U.S. is rapidly losing its nanotech leadership – immigrants key to solve
U.S. leadership is key to developing safety measures – the impact is extinction
Bailey 3 – Ronald, Fellow in Environmental Journalism at the Competitive Enterprise Institute; Lecturer at Harvard, MIT ~Dec, http://reason.com/archives/2003/12/01/the-smaller-the-better/2~~cn The second nanotechnology risk that worries ETC Group activists is runaway self-replication. AND made on purpose using very sophisticated technologies that would take years to develop.
DA
Kerry is pushing Indian cooperation on climate change now, but there’s resistance—key to modeling. The impact is extinction
Revkin 13—Andrew, New York Times ~6/27/13, http://dotearth.blogs.nytimes.com/2013/06/27/kerry-proposes-u-s-india-push-on-carbon-and-climate/?_r=0~~ab Shortly after prodding India in a New Delhi speech to find ways to cut greenhouse AND this week was also grappling with the impact of extraordinary flooding responsible for t he heartbreaking loss of lives and livelihoods. Here, too, extreme weather events AND that work for the long haul. I hope Kerry keeps at it.
Diplomatic capital is finite—each new issue trades off
Anderson and Grewell 2—Terry, prof @ Montana State; J. Bishop, associate @ Property and Environment Research Center ~http://www.perc.org/pdf/ps20.pdf~~ab Greater international environmental regulation can increase international tension. Foreign policy is a bag of AND our allies, securing vital resources, and ensuring access to foreign economies."
A judicial opinion without a written opinion makes the decision non-binding
John Eastman 2006 Eastman, Prof. Law @ Chapman and Director Claremont Con. Law Center., 06 (Phd, JD, John, Summer, 54 Drake L. Rev. 831) Freed of Coke’s understandable concern with self-preservation, we have the luxury of AND on the strength of the arguments marshaled in support of the judicial decree.
The courts can’t solve – empirically, Congress and the executive will ignore or circumvent the court
Akram 13 – Susan M. Akram, a School of Law clinical professor of law and former executive director of Boston’s Political Asylum/Immigration Representation Project ~5/28, http://www.bu.edu/today/2013/gitmo-the-legal-mess-behind-the-ethical-mess/~~gw How could the detention center be legal at all if Congress has blocked funding for AND have the legal status of the detainees determined by a "competent tribunal."
CP ends a long precedent of judicial non-interference in foreign affairs – destroys SOP
Clark 96 – Bradford R., Associate Professor of Law at George Washington University Law School ~April, "Federal Common Law: A Structural Reinterpretation," University of Pennsylvania Law Review, LN~bg The Court’s approach has merit. The Constitution vests exclusive authority over foreign affairs in AND formulation" appears necessary to preserve the political branches’ power over foreign relations.
Reject violations of SOP because they violate individual autonomy – ensures nuclear war
Redish 91 – Martin, Professor of Law and Public Policy at Northwestern ~41 Duke L.J. 449~cn In any event, the political history of which the Framers were aware tends to AND be forced into the position of saying, "I told you so."
Court action collapses business conficence
Woellert 5 – Lorraine, Legal Correspondent, Business Week ~10-16, Lexis~cn Roberts already has disappointed them. "Judges take a more practical and pragmatic approach AND that often made their 9-to-5 workday a little easier.
That collapses the economy
Braithwaite 4 – John, Australian Research Council Federation fellow, and chair of the Regulatory Institutions Network ~Mar, The Annals of The American Academy of Political and Social Science, 592 Annals 79, p. l/n~ The challenge of designing institutions that simultaneously engender emancipation and hope is addressed within the AND , a neglect that continues to this day (see also Barbalet 1993). The plan rules sua sponte – takes out their solvency (and links to politics) Milani 2 – Adam, PROFESSOR, MERCER UNIVERSITY SCHOOL OF LAW; J.D., DUKE ~"PLAYING GOD: A CRITICAL LOOK AT SUA SPONTE DECISIONS BY APPELLATE COURTS," Tennessee Law Review, Vol. 69~cn The rule that points not argued will not be considered is more than just a AND themselves, not the decision maker, determine what issues will be adjudicated.
The Court can’t rule without a test case
Krimbel 89 – Rosemary, JD at Chicago-Kent College of Law ~65 Chi.-Kent L. Rev. 919, lexis~cn Indeed, the Court hears only a small proportion of the thousands of cases that AND doctrines comport with the Court’s duty to avoid constitutional questions unless necessary. 162
Deference
Decision-making about how to prosecute war lies with the President
Sekulow 4 – American Center for Law and Justice Chief Counsel ~Jay Allen, Amicus Brief for Rumsfeld v. Padilla, 3-17, http://www.wiggin.com/db30/cgi-bin/pubs/American20Center20for20Law2020Justice.pdf~~gw No judicially discoverable and manageable standards exist for resolving the questions raised by the detention AND a heretofore unknown situation and to develop effective policies to restore peace.17
Their impact is silly—their evidence just lists twenty scenarios where CMR could be implemented, but they give no coherent story of how this would happen. Be very skeptical of 2AC extensions
Their impact ev just says that the US should focus on non-army-based threats. It doesn’t make a causal claim about CMR solvency
Limiting detention authority violates deference
Rivkin 3 – David B. Rivkin, Jr., Lee A. Casey, and Darin R. Bartram, practicing attorneys in the Washington, D.C. office of Baker 26 Hostetler, LLP ~"Enemy Combatant Determinations and Judicial Review," The Federalist Society for Law and Public Policy Studies, http://fedsoc.server326.com/Laws20of20war/enemycomb.pdf~~gw In the first instance, this question can be answered only by the President, AND for the Southern States, were detained in ¶ Federal prison camps.6
Multiple barriers prevent an effective bioterror attack
Leitenberg 1 – Fellow at Center for International and Security Studies at University of Maryland ~Milton, "An Assessment of the Biological Weapons Threat to the United States," Jan, http://www.equipped.com/bioterror_leitenberg.htm~~ First, there is the problem of obtaining a strain of the organism in question AND but effective dispersal is easily disrupted by environmental and meteorological conditions.~20~
Cmr
CMR is high now – all of Obama’s decisions occur within a consultative framework
Shane 12 – Leo Shane III, as worked at Stars and Stripes since 2004, covering Capitol Hill and the White House. His beats include legislation affecting military policy and veterans issues. His work also includes overseas coverage of military operations in Afghanistan, Iraq, Chile and Ecuador. In 2010, Shane was part of a team of reporters who received a Polk Award and a National Headliner Award for stories that revealed the military’s practice of profiling journalists in Afghanistan in an attempt to steer coverage of the war. ~10/15, http://www.stripes.com/where-they-stand-obama-on-foreign-policy-military-and-vets-issues-1.193169~~gw That’s why President Obama, in consultation with our military and civilian leadership, made AND that it maintains the United States as the strongest military in the world.
Changes to war powers cause massive backlash to the military
The judiciary isn’t key to CMR – Congress checks
Donnelly 5 – Elaine, president of the Center for Military Readiness ~8/18, http://www.cmrlink.org/content/congress-legislation/page-3/34481/courts_congress_and_the_military~~gw The armed forces should remain under the control of civilians, but not that of activist judges quoting foreign courts. Congressional power to make policy for the military creates a corollary responsibility to write clear legislation and oversee faithful enforcement. Unresolved confusion invites overreaching Supreme Court decisions that have damaged many American institutions. The Bush Administration and Congress must ensure that our military does not become one of them.
New restrictions on the Executive will be resisted by the military because they are imposed externally by civilians; this crushes CMR and causes rollback, turns the case
CMR relations challenging – need to untangle in order to fight irregular wars
Patrick Cronin 8 (senior vice president and director of studies, CSIS) 2008. "Irregular Warfare: New Challenges for Civil-Military Relations" CSIS. http://smallwarsjournal.com/documents/iwcivmilrelations.pdf~~/rob Success in the highly political and ambiguous conflicts likely to dominate the global security environment AND to shore up this longstanding tradition among both the leadership and the ranks. A third significant challenge is how to forge integrated strategies and approaches. Professional relationships, not organizational fixes, are vital to succeeding in irregular war. In this sense, the push for new doctrine for the military and civilian leadership is a step in the right direction to clarifying the conflated lanes of authority.
Irregular warfighting is key to prevent escalation from inevitable conflicts – accesses every impact
The study predicts future U.S. forces’ missions will range "from regular AND based on the serious implications for homeland security alone," said the report.
Blowback
Laundry list of recent developments prevent any "reset" in Russia relations
Empirically, no doomsday risk from Russian instability or economic decline
World Policy Journal 3 ~12/22/03~ Using extensive interviews with participants in all three administrations, and memoirs by former officials AND no consensus about what would constitute a realistic timetable for Russia’s democratic development.
Reforms result in catastrophic terrorism—-releases them and kills intel gathering
Jacob 12 – Greg, Partner at O’Melveny 26 Myers in Washington, D.C, and Policy Director at the Service Women’s Action Network ~"Detention Policies: What Role for Judicial Review?", October 2012, http://www.abajournal.com/magazine/article/detention_policies_what_role_for_judicial_review/~~gw The government created the detention facility at Guantanamo Bay so that it would have a AND intelligence-gathering that are inevitably caused by repeatedly being dragged into court.
New challengers make US heg unsustainable
Posen 13—Barry, Ford International Professor of Political Science and Director of the Security Studies Program at the Massachusetts Institute of Technology ~01/2013, http://durchnacht.wordpress.com/2013/01/20/pull-back/-http://durchnacht.wordpress.com/2013/01/20/pull-back/~~ab ¶ The United States emerged from the Cold War as the single most powerful state AND energy resources to export, and it still produces some impressive weapons systems.
Dependency on US heg is preventing states from independently dealing with threats
Decline of U.S hegemony is imminent – multiple reasons
Toplin 10 – Professor of History (Emeritus), University of North Carolina ~3/8/10, "Decline of a Great Power?" http://hnn.us/articles/124000.html~~gw Today the mood is gloomy rather than optimistic. The American economy has lost traction AND Fall of the Great Powers a thoughtful commentary on the lessons of history.
Turn: Reps of terror are a means of justifying empire, guarantees perpetual violence, kills VTL
Brown, 05 - Professor of political science at UC Berkeley (Edgework: Critical Essays on Knowledge and Politics, Wendy, Professor of Poli Sci, UC Berkeley).
There are two powers in our times whose main currency is fear: terrorism and AND present.’’ Unbroken time is the time of eternity, death’s time.
Terrorists can’t steal, build, buy, transport, or detonate a nuke
Chapman 8 – Steven, columnist and editorial writer for the Chicago Tribune ~2/8, http://reason.com/news/show/124874.html~~cn Ever since Sept. 11, 2001, Americans have had to live with the knowledge that the next time the terrorists strike, it could be not with airplanes capable of killing thousands but atomic bombs capable of killing hundreds of thousands. The prospect has created a sense of profound vulnerability. It has shaped our view of government policies aimed at combating terrorism (filtered through Jack Bauer). It helped mobilize support for the Iraq war. Why are we worried? Bomb designs can be found on the Internet. Fissile material may be smuggled out of Russia. Iran, a longtime sponsor of terrorist groups, is trying to acquire nuclear weapons. A layperson may figure it’s only a matter of time before the unimaginable comes to pass. Harvard’s Graham Allison, in his book Nuclear Terrorism: The Ultimate Preventable Catastrophe, concludes, "On the current course, nuclear terrorism is inevitable." But remember: After Sept. 11, 2001, we all thought more attacks were a certainty. Yet Al Qaeda and its ideological kin have proved unable to mount a second strike. Given their inability to do something simple—say, shoot up a shopping mall or set off a truck bomb—it’s reasonable to ask if they have a chance at something much more ambitious. Far from being plausible, argued Ohio State University professor John Mueller in a recent presentation at the University of Chicago, "the likelihood that a terrorist group will come up with an atomic bomb seems to be vanishingly small." (http://polisci.osu.edu/faculty/jmueller/ APSACHGO.PDF) The events required to make that happen include a multitude of herculean tasks. First, a terrorist group has to get a bomb or fissile material, perhaps from Russia’s inventory of decommissioned warheads. If that were easy, one would have already gone missing. Besides, those devices are probably no longer a danger, since weapons that are not scrupulously maintained (as those have not been) quickly become what one expert calls "radioactive scrap metal." If terrorists were able to steal a Pakistani bomb, they would still have to defeat the arming codes and other safeguards designed to prevent unauthorized use. As for Iran, no nuclear state has ever given a bomb to an ally—for reasons even the Iranians can grasp. Stealing some 100 pounds of bomb fuel would require help from rogue individuals inside some government who are prepared to jeopardize their own lives. The terrorists, notes Mueller, would then have to spirit it "hundreds of miles out of the country over unfamiliar terrain, and probably while being pursued by security forces." Then comes the task of building a bomb. It’s not something you can gin up with spare parts and power tools in your garage. It requires millions of dollars, a safe haven and advanced equipment—plus people with specialized skills, lots of time and a willingness to die for the cause. And if Al Qaeda could make a prototype, another obstacle would emerge: There is no guarantee it would work, and there is no way to test it. Assuming the jihadists vault over those Himalayas, they would have to deliver the weapon onto American soil. Sure, drug smugglers bring in contraband all the time—but seeking their help would confront the plotters with possible exposure or extortion. This, like every other step in the entire process, means expanding the circle of people who know what’s going on, multiplying the chance someone will blab, back out or screw up. Mueller recalls that after the Irish Republican Army failed in an attempt to blow up British Prime Minister Margaret Thatcher, it said, "We only have to be lucky once. You will have to be lucky always." Al Qaeda, he says, faces a very different challenge: For it to carry out a nuclear attack, everything has to go right. For us to escape, only one thing has to go wrong. That has heartening implications. If Osama bin Laden embarks on the project, he has only a minuscule chance of seeing it bear fruit. Given the formidable odds, he probably won’t bother. None of this means we should stop trying to minimize the risk by securing nuclear stockpiles, monitoring terrorist communications and improving port screening. But it offers good reason to think that in this war, it appears, the worst eventuality is one that will never happen.
Heg fails—they can’t access their impacts
Layne 06 – Associate Professor in the Bush School of Government and Public Service at Texas A26M University and Research Fellow with the Center on Peace and Liberty at The Independent Institute, (Christopher, Financial Times" America cannot rely on power alone," August 24th, http://www.ft.com/cms/s/f7bb5fb2-330c-11db-87ac-0000779e2340.html) Hegemony, however, is not omnipotence. There are several reasons why the US AND politics cannot be reduced to a simplistic Manichean struggle between good and evil.
11/16/13
1NC vs Samford CH
Tournament: ADA | Round: 5 | Opponent: Samford Carley-Higgins | Judge: Cramer DA
The use of deadly force as a first resort is a central component of LOAC—plan requires consultation or isolated analysis of potential danger—this risks military ineffectiveness
Corn 10— Geoffrey, Professor Corn is Presidential Research Professor of Law, South Texas College of Law ~11/23, http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1511954~~ab The most profound distinction between regulating government power in armed con?ict versus peacetime exists in AND enemy combatant, the e?ectiveness of combat capability will inevitably be diluted. 118
Strong LOAC key to regulating future tech—nanotech CBWs coming now—no generic impact D
Jenson 14—Eric, teaches and writes in the areas of Public International Law AND
and legal advisor in Bosnia in support of Operation Joint Endeavor/Guard ~Eric, "The Future of the Law of Armed Conflict: Ostriches, Butterflies, and Nanobots", SAGE~ab Future technologies, such as the virology discussed in the scenario at the beginning of AND a weapon system will stress the LOAC as future technologies continue to develop.
Nanotech CBWs are easy to construct and create uncontrollable damage—risks extinction and outweighs nuke war
Jenson 14—Eric, teaches and writes in the areas of Public International Law AND
and legal advisor in Bosnia in support of Operation Joint Endeavor/Guard ~Eric, "The Future of the Law of Armed Conflict: Ostriches, Butterflies, and Nanobots", SAGE~ab Biological agents have rarely248 appeared in armed conflict since the early 20th century.249 AND weapons will remain a possible (and likely) weapon in armed conflict. CP
Text – The Chair of the Joint Chiefs of Staff of the United States should issue a national military strategy, and corresponding strategic concept focused on implementation, that ending the President’s targeted killing policy on the grounds that it violates international law is necessary to achieve that national security goals of the United States. We’ll clarify.
NMS is a keystone document that shapes military policy – it integrates consultation between Congress and the DOD, building broad support for the plan
Meinhart 8 (Dr. Richard M., Professor of Defense and Joint Processes at the U.S. Army War College, "National Military Strategies: 1990 to 2007", National Security Policy and Strategy, Ed. Bartholomees, June, http://www.dtic.mil/cgi-bin/GetTR Doc?AD=ADA48268826Location=U226doc=GetTRDoc.pdf)
CONCLUSION The National Military Strategy is the keystone document of an overarching strategic planning system AND important in today’s volatile, uncertain, complex and ambiguous global security environment.
The NMS has the authority to review executive National Security Strategies on terrorism
Bradley 13 – Curtis A., William Van Alstyne Professor of Law – Duke Law School ~"War Powers, Syria, and Non-Judicial Precedent," Lawfare Blog, 2013, http://www.lawfareblog.com/2013/09/war-powers-syria-and-non-judicial-precedent/~~gw As an initial matter, we need to bracket the issue of whether Obama’s action AND that might have motivated Obama to go to Congress with respect to Syria.
Judicial review of targeted killing is precluded now by the political question doctrine – the plan requires abrogating it
McKelvey 11 – Benjamin, J.D., Vanderbilt University Law School, November 2011 ~"NOTE: Due Process Rights and the Targeted Killing of Suspected Terrorists: The Unconstitutional Scope of Executive Killing Power," Vanderbilt Journal of Transnational Law, 44 Vand. J. Transnat’l L. 1353~gw In August 2010, Aulaqi’s father, Nasser al-Aulaqi, filed suit against AND not have standing to bring this claim on behalf of his son. n15
PQD key to Sonar training
Gartland 12 – Maj. Charles, B.A., University of Alaska - Anchorage; J.D., cum laude, Gonzaga University School of Law; LL.M., George Washington University Law School) is a United States Air Force judge advocate currently serving as the Environmental Liaison Officer for the Air Force Materiel Command ~"ARTICLE: AT WAR AND PEACE WITH THE NATIONAL ENVIRONMENTAL POLICY ACT: WHEN POLITICAL QUESTIONS AND THE ENVIRONMENT COLLIDE," 68 A.F. L. Rev. 27~gw The public interest in conducting training exercises with active sonar under realistic conditions plainly outweighs AND the Republic, allows statutes like NEPA to exist in the first place.
That’s key to overall Naval power and anti-submarine warfare.
Popeo et al 8 – Daniel, Paul Kamenar, Washington Legal Foundation, Andrew McBride, Thomas McCarthy, Andrew Miller, William R. Dailey, Wiley Rein LLP ~"Brief for Amici Curiae The Washington Legal Foundation, Rear Admiral James J. Carey, U.S. Navy (Ret.), National Defense Committee, and Allied Educational Foundation in Support of Petitioners," http://www.wlf.org/upload/07-1239winter.pdf~~ Throughout our Nation’s history, the Navy has played a vital role in major world AND our international standing, and an alteration in our established way of life.
That unleashes a laundry list of nuclear conflicts
Eaglen 11 – Mackenzie research fellow for national security – Heritage, and Bryan McGrath, former naval officer and director – Delex Consulting, Studies and Analysis ~"Thinking About a Day Without Sea Power: Implications for U.S. Defense Policy," Heritage Foundation~gw Global Implications. Under a scenario of dramatically reduced naval power, the United States AND the international supply chain with impacts in the billions of dollars.~16~ CP
Text: A member of the United States Congress, solely in his or her official capacity, should file a suit in state court alleging that the president’s targeted killing policy involving drone strikes violates international law. After the trial and appellate courts issue rulings in the case, the United States Supreme Court should grant certiorari and issue an injunction ordering the relief requested by the member of Congress.
Members of Congress currently cannot sue on behalf of Congress – the counterplan necessarily recognizes legislator standing
Legislative standing is key to multilateralism, treaties, and the U.N. – turns case
Adler 4 – David Gray, Professor of Law at Idaho State Presidential Studies Quarterly, Vol. 34, Is. 1 President George W. Bush’s unilateral termination of the 1972 ABM Treaty between the United AND , there are a good many reasons to believe that it does not.
Key to avoid multiple scenarios for extinction
MMA 2 – Malaysian Medical Association ~Sept 6, http://www.mma.org.my/current_topic/sept.htm~~ Our world is increasingly interdependent and the repercussions of the actions of states, non AND destroying itself through environmental degradation or the use of weapons of mass destruction.
DA
Weakening Solar intensity will lead to a new Maunder minimum Little Ice Age soon
Guimaraes 12- Frederico, Professor at Universidade Federal de Minas Gerais ~We could be at the doorsteps of another Ice Age, May 17 p. http://iceagenow.info/2012/05/doorsteps-ice-age/-http://iceagenow.info/2012/05/doorsteps-ice-age/~~ Recent studies and observations indicate that we’re entering a phase of very low solar cycles. The present cycle C24 is already showing signs of being lower than C14 at the beginning of the XX century ( http://www.leif.org/research/Polar20Fields20and20Cycle2024.pdf and http://www.leif.org/research/SC14-and-24.png ), and cycle C5 at the lower point of the Dalton minimum ( http://www.landscheidt.info/images/sc5_sc24.png ). This means that C24 is showing signs that we could be entering a new Maunder minimum anytime soon. The polar fields should have flipped at the end of cycle C23, around 2008-2009, but they continued with the same polarity, showing a stretched pattern ( http://www.leif.org/research/Solar-Polar-Fields-1966-now.png ) similar to what happened at the end of the 1960?s but more pronounced, which could lead to "break" of the field into a "quadripolar" mode very soon. This is another indication of the very low intensity of the present cycle. This low intensity could lead to a period of no sunspots as observed during the Maunder minimum between ~ 1640 to 1710 ( http://upload.wikimedia.org/wikipedia/commons/2/28/Sunspot_Numbers.png ), which could be the realization of the so called "Livingston-Penn" effect, which predicts a similar phenomenon in the near future ( http://wattsupwiththat.files.wordpress.com/2008/06/livingston-penn_sunspots2.pdf and http://www.leif.org/research/Livingston-Penn20Data20and20Findings20so20far.pdf ). Therefore, all the above and other analyzes (there is more, eg., the pattern of 90k-10k years characteristic of Glacial and Interglacial periods, etc.) indicate that the prediction of a "kill shot" from the Sun by Patrick Geryl and others, will not happen, quite the opposite: we could be at the doorsteps of another Ice Age. When asked what he thought of the "kill shot" model during our times, Leif Svaalgard called it "sensationalism". Robert’s book "Not by Fire but by Ice" has it’s name for a reason. People are being lured to look in the wrong direction by MSM, IPCC and others, but the facts are very clear and show a completely different problem that humanity will have to face very soon. A problem of much colder weather worldwide, not hotter.
Global Warming is needed to offset the ice age.
Gunter 12- Lorne, Editor and Journalist. ~"For Climate Cues, Look at the Sun," National Post, March 7~ Scientists who have made careers of studying the sun warn that our star is about AND now. The planet may need all the global warming it can get.
Global cooling will cause Asian monsoon failure and mega-droughts—kills billions and destabilizes India and China
Idso et al. 11- Craig Idso, Ph.D Chairman for the Center for the Study of Carbon Dioxide and Global Change; Robert Carter, Ph.D Adjunct Research Fellow James Cook University; Fred Singer, President of Science and Environmental Policy Project, and Professor Emeritus of Environmental Science, University of Virginia ~"Climate Change Reconsidered: 2011 Interim Report," Nongovernmental International Panel on Climate Change~ Moving next to Asia, Sinha et al. (2011) write of ? AND as what occurred repeatedly during the global chill of the Little Ice Age.
Monsoon failure and drought will cause a China-Russia nuclear war
Cribb 10- Julian, Adjunct Professor in Science Communication at the University of Technology Sydney and a fellow of the Australian Academy of Technological Sciences and Engineering ~"The Coming Famine: The Global Food Crisis and What We Can Do to Avoid It," p.139 In China, where the grain bowl region of the North China Plain is already AND a think tank report on the strategic implications of climate change for humanity. Solvency
The plan specifically and narrowly creates damages for victims of targeted killings—-those killings are legally and operationally distinct from "signature strikes"
Dunn 13 – David Hastings, Reader in International Politics and Head of Department in the Department of Political Science and International Studies at the University of Birmingham, UK, and Stefan Wolff, Professor of International Security at the University of Birmingham in the UK ~March 2013, "Drone Use in Counter-Insurgency and Counter-Terrorism: Policy or Policy Component?," in Hitting the Target?: How New Capabilities are Shaping International Intervention, ed. Aaronson 26 Johnson, http://www.rusi.org/downloads/assets/Hitting_the_Target.pdf~~gw Yet an important distinction needs to be drawn here between acting on operational intelligence that AND remote pilot of a drone – so-called ’signature strikes’.6 Targeted strikes rely on corroborating pre-existing intelligence: they serve the particular purpose AND targeted strikes – has been less pronounced than in Pakistan and Afghanistan.7 Signature strikes, in contrast, can still be effective in diminishing operational, tactical AND of a car identified as belonging to an Al-Qa’ida member.9 The kind of persistent and intimidating presence of a drone policy geared towards signature strikes AND , do anything but help to disentangle the links between insurgents and terrorists.
Establishing new restrictions that only apply to targeted killings causes a shift to signature strikes
Signature strikes are far worse for all of their impacts—-this turns the case on a grand scale
Dunn 13 – David Hastings, Reader in International Politics and Head of Department in the Department of Political Science and International Studies at the University of Birmingham, UK, and Stefan Wolff, Professor of International Security at the University of Birmingham in the UK ~March 2013, "Drone Use in Counter-Insurgency and Counter-Terrorism: Policy or Policy Component?," in Hitting the Target?: How New Capabilities are Shaping International Intervention, ed. Aaronson 26 Johnson, http://www.rusi.org/downloads/assets/Hitting_the_Target.pdf~~gw Yet an important distinction needs to be drawn here between acting on operational intelligence that AND used, and perceived, as a blanket approach against an entire community. I-Law
Ganguly 8 – Sumit, professor of political science and holds the Rabindranath Tagore Chair at Indiana University ~"Nuclear Stability in South Asia," International Security, Vol. 33, No. 2, Fall~ As the outcomes of the 1999 and 2001–02 crises show, nuclear deterrence AND light of the overt acquisition of nuclear weapons by both India and Pakistan.
Disease won’t lead to extinction
Posner 5 – federal judge ~Richard, Judge 7th Circuit Court of Appeals, "Catastrophe," 11:3, Proquest~hs AIDS illustrates the further point that despite the progress made by modern medicine in the AND lesson of the AIDS pandemic. And there is always a first time.
US program doesn’t violate I-Law – Better than all other options
Issacharoff 26 Pildes 13 Samuel Issacharoff New York University School of Law Richard H. Pildes New York University School of Law April 1, 2013 New York University Law Review, Forthcoming NYU School of Law, Public Law Research Paper No. 12-40, Targeted Warfare: Individuating Enemy Responsibility, http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2129860 A third prevalent misconception, in our view, is that drones and targeted killing AND , and far greater loss of combatant lives, than with drone technology.
Adaptation means no extinction from global warming
Haby 10 – Jeff, meteorologist ~Mar 11, http://www.theweatherprediction.com/global_warming/~~cn How much of a problem is global warming? Humans are the most adaptable and AND of surviving or will be confined to zoos, labs and park lands.
Global warming isn’t occurring, and isn’t caused by CO2
Patterson 11 – Norman, Ph.D. in Geophysics ~Mar, http://www.pgw.on.ca/pdfs/GlobalWarming.pdf~~gw The fact that the world has undergone cycles of warming and cooling has been known AND southern hemisphere, since about 2002 (Archibald 2006; Fig. 2).
Right to self-defense in the UN Charter
Blanchard 2/13 (Charles Blanchard, former general counsel of the United States Air Force, former chief legal officer and chief ethics officer of the U.S. Air Force. He’s also the former general counsel of the U.S. Army and is a partner currently at Arnold Porter, Rules of Engagement: The Legal, Ethical and Moral Challenges of the Long War, February 13, 2014, Carnegie Council Transcripts and Articlesjoe) Let me talk about the next area that I want to raise, which is AND e., al-Qaeda~23~—and individuals associated with them.
Cooperation prevents water wars
Deen 6 ~Thalif Deen, Inter Press Service’s U.N. Bureau Chief since 1992, IPS, POLITICS, "Water Wars are a myth, say experts," 25 August 2006, http://ipsnews.net/news.asp?idnews=34465~~ In reality, Ghosh told the meeting in Stockholm, there are plenty of bilateral AND authored by Aaron Wolf, Annika Kramer, Alexander Carius and Geoffrey Dabelko. Deterrence
ICBMs solve deterrence
Turner 3 – Stansfield, Retired US Navy Admiral and former Dir. CIA and Commander-in-Chief of NATO’s Southern Flank ~Naval War College Review, "Is the U.S. Navy being marginalized?" 56:3, Proquest~gw Strategic Deterrence. At the peak we had forty-one strategic ballistic missile submarines AND will be seen as less critical to the country than it once was.
Their "drone war" arg is profoundly alarmist—their author
There’s a sustainable consensus on the drone program—-won’t collapse
Chesney 12 – Robert, professor at the University of Texas School of Law, nonresident senior fellow of the Brookings Institution, distinguished scholar at the Robert S. Strauss Center for International Security and Law ~8/29/12, "Beyond the Battlefield, Beyond Al Qaeda: The Destabilizing Legal Architecture of Counterterrorism," http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2138623-http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2138623~~gw This multi-year pattern of cross-branch and cross-party consensus gives AND reached a stage of stability that was good enough for the time being.
We need 300 nuclear weapons to ensure deterrence—the status quo is way too much—plan does nothing to cut deterrence
Bazzle 12 – J.D., Georgetown University Law Center ~Timothy, "SHUTTING THE COURTHOUSE DOORS:¶ INVOKING THE STATE SECRETS PRIVILEGE TO THWART¶ JUDICIAL REVIEW IN THE AGE OF TERROR", Civil Rights Law Journal, Vol. 23, No. 1, 2012~gw The war on terror has led to an increased use of the state secrets privilege AND allege a credible claim of government wrongdoing retain¶ their due process rights.
Courts lack war power authority, they should defer to the other branches
Barr 3 – William, Former Attorney General of the US, et al, Amicus Brief in Rasul v Bush ~U.S. Briefs 334, March 3, 2004, p. 7-9~gw Notably absent from the constitutional clauses dealing with war powers is any mention of the AND Pet. Adm.) 942, 947 (D. Pa. 1793).
Deference is key to military flexibility and war fighting capabilities
Hudson 99 – Major in the US Army, Walter ~March, Racial Extremism in the Army, Military Law Review (159 Mil. L. Rev. 1~gw interests that the adjudicative process is best suited to protect–namely, constitutional protections AND at the gravest danger posed by racial extremists–the violent hate crime.
Lack of U.S. primacy ensures systemic and catastrophic nuclear wars
White 8 – Hugh, Professor of Strategic Studies at Australian National University ~’Why War in Asia Remains Thinkable’, Survival, 50:6, 85-104~cn Finally, the fourth model is the balance-of-power system that shaped AND way, an order is emerging in which major war is more likely.
Ptx
Compromise will occur on the debt ceiling now, but Obama’s PC is key
Closing GITMO causes backlash from Republicans and the public
Corcoran 11 – Erin B., Professor of Law and Director, Social Justice Institute, University of New Hampshire School of Law ~Obama’s Failed Attempt to Close Gitmo: Why Executive Orders Can’t Bring About Systemic Change, Vol. 9, Iss. 2, V3~gw Second, an advocate should never underestimate the power of ¶ "Not In My AND is not usually willing to put idealism over ¶ its own backyard. ¶
Failure to pass the debt ceiling collapses the US economy
CMR is high now – all of Obama’s decisions occur within a consultative framework
Shane 12 – Leo Shane III, as worked at Stars and Stripes since 2004, covering Capitol Hill and the White House. His beats include legislation affecting military policy and veterans issues. His work also includes overseas coverage of military operations in Afghanistan, Iraq, Chile and Ecuador. In 2010, Shane was part of a team of reporters who received a Polk Award and a National Headliner Award for stories that revealed the military’s practice of profiling journalists in Afghanistan in an attempt to steer coverage of the war. ~10/15, http://www.stripes.com/where-they-stand-obama-on-foreign-policy-military-and-vets-issues-1.193169~~gw That’s why President Obama, in consultation with our military and civilian leadership, made AND that it maintains the United States as the strongest military in the world.
Changes to war powers cause massive backlash to the military
Patterson 9 – Rebecca, Dissertation for Poli Sci PhD from George Washington University 8/31, "The U.S. Army and Nation-Building: Explaining Divergence in Effective Military Innovation," Civil-military relations have rarely been used as an explanatory variable for military effectiveness AND turn undermines effectiveness.1167 Indeed, this study’s findings support these assertions.
Lack of U.S. primacy ensures systemic and catastrophic nuclear wars
White 8 – Hugh, Professor of Strategic Studies at Australian National University ~’Why War in Asia Remains Thinkable’, Survival, 50:6, 85-104~cn Finally, the fourth model is the balance-of-power system that shaped AND way, an order is emerging in which major war is more likely.
K
1ac threat framing is based on misplaced cultural discourse, fixating dangerously inaccurate Cold War logic
I disagree with this essentialist view of the state identity of the United States. AND danger through foreign policy that the state’s very conditions of existence are generated.
The mere notion of stability reflects a desire to order the world and cement violent hierarchies
Saurette, 96 (Millennium: Journal of International Studies, Volume 25, Number 1, 1 March 1996 , pp. 1-28(28), Paul, Professor of Political Studies, University of Ottawa, "I Mistrust All Systematizers And Avoid Them’: Nietzsche, Arendt And The Crisis Of The Will To Order In International Relations Theory").
It has always been a great temptation, for men of action no less than AND , control, and violence are inextricably imposed onto the realm of politics.
This one-sided threat framing feeds on itself causing a self-fulfilling prophecy of cyclical enemy creation
Fierke 7 ~K.M., Professor of International Relations at the University of St Andrews, Critical Approaches to International Security, Policy Press, p.8-9~ The third section of the book raises a question about what is at stake in analysing security as a social construction. Critical scholars have asked what it means to be secure in an insecure world (Burke 2002: 1). ~ The question relates to an argument that perhaps too much emphasis -it is AND is constant critique that pushes at the boundaries of exist-ing assumptions. Most critical scholars probably come to the study of security with a desire to improve AND not least for those ’victims’ who occupy the bottom rungs of the ladder.
Environmental apocalypticism externalizes blame and obscures individual responsibility
Bobertz, 95 (Bradely C. Bobertz- assistant professor of law, University of Nebraska College of Law, Texas Law Review, "Legitimizing Pollution Through Pollution Control Laws: Reflections on Scapegoating Theory," Lexis Nexis)
The theory advanced in this relocates federal environmental law, a relative newcomer to the AND of industrialization, but instead as an aberration from a norm of cleanliness.
Skepticism is the antidote—their impacts obscure science with alarmism and distort understanding of events to feed the hunger for catastrophe
Skidelsky, 08 http://www.guardian.co.uk/commentisfree/2008/may/20/theapocalypticmind, Lord Skidelsky is Emeritus Professor of Political Economy at the University of Warwick The apocalyptic mind Catastrophic thinking distorts scientific debate about climate change and makes it harder to deal with the problem
Misreporting of science is now so routine that we hardly notice it. Much more AND -conquest by religion of matters that should be the concern of science.
Assumptions are a prior issue.
Crawford 2002 Neta,PhD MA MIT, BA Brown, Prof. of poli sci at boston univ. Argument and Change in World Politics, p. 19-21 Coherent arguments are unlikely to take place unless and until actors, at least on AND entrepreneurs without serious political wrangling." Hence framing is a meta-argument.
CP
Text – The Chair of the Joint Chiefs of Staff of the United States should issue a national military strategy, and corresponding strategic concept focused on implementation, that ending the presidential war powers authority is necessary to achieve that national security goals of the United States. We’ll clarify.
Competes – the CP doesn’t mandate the plan. It issues a recommendation that results in policy change.
Solves – NMS is a keystone document that shapes military policy – it integrates consultation between Congress and the DOD, building broad support for the plan
Meinhart 8 (Dr. Richard M., Professor of Defense and Joint Processes at the U.S. Army War College, "National Military Strategies: 1990 to 2007", National Security Policy and Strategy, Ed. Bartholomees, June, http://www.dtic.mil/cgi-bin/GetTR Doc?AD=ADA48268826Location=U226doc=GetTRDoc.pdf)
CONCLUSION The National Military Strategy is the keystone document of an overarching strategic planning system AND important in today’s volatile, uncertain, complex and ambiguous global security environment.
NMS shapes policy – civilian leadership will be influenced
Meinhart 8 - prof of Defense and Joint Processes @ Army War College (Richard M., "National Military Strategies: 1990 to 2007," in "National Security Policy and Strategy," Ed. by J. Bartholomees, p.86, June, RG)
The Chairman’s strategic planning system integrates the processes and documents of the people and organizations AND guard, and reserve forces and total defense outlays of 24572B.4
DA
Presidential power is high now
Douglas 12 – William, Boston Herald ~6/24/12, Boston Herald, "Obama asserts presidential powers he once spoke out against," http://www.bostonherald.com/news/-http://www.bostonherald.com/news/ us_politics/view/20120624obama_asserts_presidential_powers_he_once_spoke_out_against/~ President Barack Obama is starting to channel his inner Cheney. For years, Obama AND "The Cult of the Presidency: America’s Dangerous Devotion to Executive Power."
The plan undermines the president’s ability to effectively respond to crises
Yoo 6 – a visiting scholar at AEI ~John, July 7, The High Court’s Hamdan Power Grab, http://www.aei.org/publications/filter.all,pubID.24630/pub_detail.asp, Accessed August 3, 2006~gw Long-standing U.S. practice recognizes that the president, as commander AND blocked—giving him the flexibility to wage a successful war on terrorism.
Presidential weakness emboldens adversaries – that triggers multiple scenarios for conflict
South China Morning Post 2k ~"Position of Weakness" 12-11-00, p. L/N~ A weak president with an unclear mandate is bad news for the rest of the AND the world needs the United States to use its power deftly and decisively.
Conflict over Taiwan causes nuclear war
Glaser 11 – Charles, George Washington University Political Science Professor ~"Will China’s Rise Lead to War? ", Foreign Affairs, Mar/April 2011, Vol. 90, Issue 2, EBSCO~gw THE PROSPECTS for avoiding intense military competition and war may be good, but growth AND military efforts and a general poisoning of U.S.-Chinese relations.
Judicial
African conflict won’t draw in others
Taire 4 – Morenike, Global News Wire ~April 9, 2004, Vanguard (Nigeria), Global News Wire – Asia Africa Intelligence Wire, p. Lexis~ Defining our role may not have to be as difficult as it might first seem AND of others. We can no longer be calm, cool and collected.
Tons of alt causes to African instability and conflict
Madlala-Routledge 26 Leibenberg 4 – Ex Deputy Minister of Defence, now Deputy Minister of Health ~Development Peacekeeping, African Security Review Vol 13 No 2, 2004~cn General Amadou Toumani Toure remarked that: "Conflicts arise from human relations in two AND , well-informed civil society sector; and * Misplaced humanitarian assistance.
Multiple ongoing African wars empirically deny your impact
Thakur 6 – Ramesh, Japan Times ~2-16 "At least no new wars," p ln~ In Africa, the Ethiopia-Eritrea peace frayed dangerously with neither side showing willingness AND and violence. Almost 4 million have perished in eight years of war.
AIDS makes their impact inevitable
Brower 26 Chalk 3 ~RAND Co-Project Director 26 RAND Political Scientist specializing in emerging threats ~Jennifer Brower 26 Peter Chalk, The Global Threat of New and Reemerging Infectious Diseases: Reconciling U.S.National Security and Public Health Policy, www.rand.org/pubs/monograph_reports/MR1602/~ The contemporary HIV/AIDS crisis in South Africa represents an acute example of how AND hope we will not have peace, and AIDS surely undermines both.1
Middle East conflicts won’t escalate
Maloney 26 Takeyh 7 – Susan, senior fellow for Middle East Policy at the Center for Middle East Studies at the Brookings Institution, Ray, senior fellow for Middle East Studies at the Council on Foreign Relations ~6/28, http://www.brookings.edu/opinions/2007/0628iraq_maloney.aspx~~cn Yet, the Saudis, Iranians, Jordanians, Syrians, and others are very AND its civil strife and prevent local conflicts from enveloping the entire Middle East.
The environment is resilient- it has withstood ridiculous amounts of destruction
Easterbrook 95, Distinguished Fellow, Fullbright Foundation (Gregg, A Moment on Earth pg 25)
IN THE AFTERMATH OF EVENTS SUCH AS LOVE CANAL OR THE Exxon Valdez oil spill AND are pinpricks compared to forces of the magnitude nature is accustomed to resisting.
Economic incentives prevent Suez closure, and the military will protect the canal
No impact to Suez – there’s no scenario for armed conflict, and closure would have a minimal impact.
White 11 – Gregory, writing for Business Insider ~"Societe Generale On Why A Suez Canal Crisis Is Unlikely Right Now," 1/30/2011, http://www.businessinsider.com/societe-generale-suez-canal-2011-1~~gw The Suez Canal is priority number one for many investors watching the crisis in Egypt AND don’t expect the Suez crisis to have a dramatic impact on the market.
Terrorism
Their invocation of terrorism justifies massive political violence – this militarization is the reason terrorism exists
Der Derian and Shapiro, 89
Professor of Political Science at Brown University, Professor of Political Science at University of Hawaii at Manoa (James, Michael, "International/Intertextual Relations", pg. 189, JPW) The language of antiterrorism is by now a well-established and rehearsed refrain, AND in fact, that "terrorist" acts are often designed to disrupt.
Turn: Reps of terror are a means of justifying empire, guarantees perpetual violence, kills VTL
Brown, 05 - Professor of political science at UC Berkeley (Edgework: Critical Essays on Knowledge and Politics, Wendy, Professor of Poli Sci, UC Berkeley).
There are two powers in our times whose main currency is fear: terrorism and AND present.’’ Unbroken time is the time of eternity, death’s time.
Empirically denied—even the largest impacts of terror are outweighed by our response to them which is only possible by representing the terrorist as a threat and not focusing on our own relationship in causing terror. The alt solves the root cause.
Terrorists don’t want WMDs – secrecy, long-term goals, and easily accessible alternatives ensures any attack would be conventional
Waltz 3 – Kenneth, Professor of Political Science at UC Berkeley ~The Spread of Nuclear Weapons: A Debate Renewed, p. 130~cn Terrorists of the first type have objectives they hope to achieve, and the objectives AND to wreak great destruction, threats they would not want to execute anyway.
Terrorists can’t steal, build, buy, transport, or detonate a nuke
Chapman 8 – Steven, columnist and editorial writer for the Chicago Tribune ~2/8, http://reason.com/news/show/124874.html~~cn Ever since Sept. 11, 2001, Americans have had to live with the knowledge that the next time the terrorists strike, it could be not with airplanes capable of killing thousands but atomic bombs capable of killing hundreds of thousands. The prospect has created a sense of profound vulnerability. It has shaped our view of government policies aimed at combating terrorism (filtered through Jack Bauer). It helped mobilize support for the Iraq war. Why are we worried? Bomb designs can be found on the Internet. Fissile material may be smuggled out of Russia. Iran, a longtime sponsor of terrorist groups, is trying to acquire nuclear weapons. A layperson may figure it’s only a matter of time before the unimaginable comes to pass. Harvard’s Graham Allison, in his book Nuclear Terrorism: The Ultimate Preventable Catastrophe, concludes, "On the current course, nuclear terrorism is inevitable." But remember: After Sept. 11, 2001, we all thought more attacks were a certainty. Yet Al Qaeda and its ideological kin have proved unable to mount a second strike. Given their inability to do something simple—say, shoot up a shopping mall or set off a truck bomb—it’s reasonable to ask if they have a chance at something much more ambitious. Far from being plausible, argued Ohio State University professor John Mueller in a recent presentation at the University of Chicago, "the likelihood that a terrorist group will come up with an atomic bomb seems to be vanishingly small." (http://polisci.osu.edu/faculty/jmueller/ APSACHGO.PDF) The events required to make that happen include a multitude of herculean tasks. First, a terrorist group has to get a bomb or fissile material, perhaps from Russia’s inventory of decommissioned warheads. If that were easy, one would have already gone missing. Besides, those devices are probably no longer a danger, since weapons that are not scrupulously maintained (as those have not been) quickly become what one expert calls "radioactive scrap metal." If terrorists were able to steal a Pakistani bomb, they would still have to defeat the arming codes and other safeguards designed to prevent unauthorized use. As for Iran, no nuclear state has ever given a bomb to an ally—for reasons even the Iranians can grasp. Stealing some 100 pounds of bomb fuel would require help from rogue individuals inside some government who are prepared to jeopardize their own lives. The terrorists, notes Mueller, would then have to spirit it "hundreds of miles out of the country over unfamiliar terrain, and probably while being pursued by security forces." Then comes the task of building a bomb. It’s not something you can gin up with spare parts and power tools in your garage. It requires millions of dollars, a safe haven and advanced equipment—plus people with specialized skills, lots of time and a willingness to die for the cause. And if Al Qaeda could make a prototype, another obstacle would emerge: There is no guarantee it would work, and there is no way to test it. Assuming the jihadists vault over those Himalayas, they would have to deliver the weapon onto American soil. Sure, drug smugglers bring in contraband all the time—but seeking their help would confront the plotters with possible exposure or extortion. This, like every other step in the entire process, means expanding the circle of people who know what’s going on, multiplying the chance someone will blab, back out or screw up. Mueller recalls that after the Irish Republican Army failed in an attempt to blow up British Prime Minister Margaret Thatcher, it said, "We only have to be lucky once. You will have to be lucky always." Al Qaeda, he says, faces a very different challenge: For it to carry out a nuclear attack, everything has to go right. For us to escape, only one thing has to go wrong. That has heartening implications. If Osama bin Laden embarks on the project, he has only a minuscule chance of seeing it bear fruit. Given the formidable odds, he probably won’t bother. None of this means we should stop trying to minimize the risk by securing nuclear stockpiles, monitoring terrorist communications and improving port screening. But it offers good reason to think that in this war, it appears, the worst eventuality is one that will never happen.
B) Anti-war sentiment means the U.S. would just step up internal security measures
Bremmer 4 – Ian, president of Eurasia Group and senior fellow at the World Policy Institute ~"Suppose a new 9/11 hit America", New Statesman, Online~cn This time, the public response would move much more quickly from shock to anger AND have nowhere near the public support it enjoyed for the invasion of Afghanistan.
Even though Congress and the Executive can act without a written opinion but a judicial opinion without a reason why makes the decision non-binding
John Eastman 2006 Eastman, Prof. Law @ Chapman and Director Claremont Con. Law Center., 06 (Phd, JD, John, Summer, 54 Drake L. Rev. 831) Freed of Coke’s understandable concern with self-preservation, we have the luxury of AND on the strength of the arguments marshaled in support of the judicial decree.
The courts can’t solve – empirically, Congress and the executive will ignore or circumvent the court
Akram 13 – Susan M. Akram, a School of Law clinical professor of law and former executive director of Boston’s Political Asylum/Immigration Representation Project ~5/28, http://www.bu.edu/today/2013/gitmo-the-legal-mess-behind-the-ethical-mess/~~gw How could the detention center be legal at all if Congress has blocked funding for AND have the legal status of the detainees determined by a "competent tribunal."
CP ends a long precedent of judicial non-interference in foreign affairs – destroys SOP
Clark 96 – Bradford R., Associate Professor of Law at George Washington University Law School ~April, "Federal Common Law: A Structural Reinterpretation," University of Pennsylvania Law Review, LN~bg The Court’s approach has merit. The Constitution vests exclusive authority over foreign affairs in AND formulation" appears necessary to preserve the political branches’ power over foreign relations.
Reject violations of SOP because they violate individual autonomy – ensures nuclear war
Redish 91 – Martin, Professor of Law and Public Policy at Northwestern ~41 Duke L.J. 449~cn In any event, the political history of which the Framers were aware tends to AND be forced into the position of saying, "I told you so."
Court action collapses business conficence
Woellert 5 – Lorraine, Legal Correspondent, Business Week ~10-16, Lexis~cn Roberts already has disappointed them. "Judges take a more practical and pragmatic approach AND that often made their 9-to-5 workday a little easier.
That collapses the economy
Braithwaite 4 – John, Australian Research Council Federation fellow, and chair of the Regulatory Institutions Network ~Mar, The Annals of The American Academy of Political and Social Science, 592 Annals 79, p. l/n~ The challenge of designing institutions that simultaneously engender emancipation and hope is addressed within the AND , a neglect that continues to this day (see also Barbalet 1993). Test Case Fiat is a Voting Issue Congress has the power to generate legislation, but the Court is a reactive body – it has to wait for a case to be presented to it – proves they’re an abusive, contrived form of fiat – and, that means they don’t solve Molin 9 – Teo, writer at HUMAN EVENTS, member of the National Journalism Center ~Jun 27, http://www.humanevents.com/article.php?id=32462~~cn The Supreme Court can’t pass legislation; it can’t draft bills and it can’t issue AND rights of Americans at the federal level, as granted by the Constitution. We lose predictable ground: If there’s no test case about the aff, the Court isn’t an opportunity cost that’s responded to in the literature – even if agent affs are good, they should meet this minimum threshold The CP rules sua sponte – takes out their solvency (and links to politics) Milani 2 – Adam, PROFESSOR, MERCER UNIVERSITY SCHOOL OF LAW; J.D., DUKE ~"PLAYING GOD: A CRITICAL LOOK AT SUA SPONTE DECISIONS BY APPELLATE COURTS," Tennessee Law Review, Vol. 69~cn The rule that points not argued will not be considered is more than just a AND themselves, not the decision maker, determine what issues will be adjudicated.
The Court can’t rule without a test case
Krimbel 89 – Rosemary, JD at Chicago-Kent College of Law ~65 Chi.-Kent L. Rev. 919, lexis~cn Indeed, the Court hears only a small proportion of the thousands of cases that AND doctrines comport with the Court’s duty to avoid constitutional questions unless necessary. 162
CMR is high now – all of Obama’s decisions occur within a consultative framework
Shane 12 – Leo Shane III, as worked at Stars and Stripes since 2004, covering Capitol Hill and the White House. His beats include legislation affecting military policy and veterans issues. His work also includes overseas coverage of military operations in Afghanistan, Iraq, Chile and Ecuador. In 2010, Shane was part of a team of reporters who received a Polk Award and a National Headliner Award for stories that revealed the military’s practice of profiling journalists in Afghanistan in an attempt to steer coverage of the war. ~10/15, http://www.stripes.com/where-they-stand-obama-on-foreign-policy-military-and-vets-issues-1.193169~~gw That’s why President Obama, in consultation with our military and civilian leadership, made AND that it maintains the United States as the strongest military in the world.
Changes to war powers cause massive backlash to the military
Patterson 9 – Rebecca, Dissertation for Poli Sci PhD from George Washington University 8/31, "The U.S. Army and Nation-Building: Explaining Divergence in Effective Military Innovation," Civil-military relations have rarely been used as an explanatory variable for military effectiveness AND turn undermines effectiveness.1167 Indeed, this study’s findings support these assertions.
Lack of U.S. primacy ensures systemic and catastrophic nuclear wars
White 8 – Hugh, Professor of Strategic Studies at Australian National University ~’Why War in Asia Remains Thinkable’, Survival, 50:6, 85-104~cn Finally, the fourth model is the balance-of-power system that shaped AND way, an order is emerging in which major war is more likely.
T
Restrictions are prohibitions on action —- the aff is a reporting requirement
Schiedler-Brown 12 – Jean, Attorney, Jean Schiedler-Brown 26 Associates ~Appellant Brief of Randall Kinchloe v. States Dept of Health, Washington, The Court of Appeals of the State of Washington, Division 1, http://www.courts.wa.gov/content/Briefs/A01/68642920Appellant20Randall20Kincheloe27s.pdf~~ 3. The ordinary definition of the term "restrictions" also does not include AND some supervision conditions, but he did not agree to restrict his license.
Vote neg—-
Only prohibitions on authority guarantee neg ground—-their interpretation lets affs no link the best neg offense like deference
Precision—-only our interpretation defines "restrictions on authority"—-that’s key to adequate preparation and policy analysis
Ptx
Compromise will occur on the debt ceiling now, but Obama’s PC is key
Closing GITMO causes backlash from Republicans and the public
Corcoran 11 – Erin B., Professor of Law and Director, Social Justice Institute, University of New Hampshire School of Law ~Obama’s Failed Attempt to Close Gitmo: Why Executive Orders Can’t Bring About Systemic Change, Vol. 9, Iss. 2, V3~gw Second, an advocate should never underestimate the power of ¶ "Not In My AND is not usually willing to put idealism over ¶ its own backyard. ¶
Failure to pass the debt ceiling collapses the US economy
Text – The Chair of the Joint Chiefs of Staff of the United States should issue a national military strategy, and corresponding strategic concept focused on implementation, that ending the presidential war powers authority is necessary to achieve that national security goals of the United States. We’ll clarify.
Competes – the CP doesn’t mandate the plan. It issues a recommendation that results in policy change.
Solves – NMS is a keystone document that shapes military policy – it integrates consultation between Congress and the DOD, building broad support for the plan
Meinhart 8 (Dr. Richard M., Professor of Defense and Joint Processes at the U.S. Army War College, "National Military Strategies: 1990 to 2007", National Security Policy and Strategy, Ed. Bartholomees, June, http://www.dtic.mil/cgi-bin/GetTR Doc?AD=ADA48268826Location=U226doc=GetTRDoc.pdf)
CONCLUSION The National Military Strategy is the keystone document of an overarching strategic planning system AND important in today’s volatile, uncertain, complex and ambiguous global security environment.
NMS shapes policy – civilian leadership will be influenced
Meinhart 8 - prof of Defense and Joint Processes @ Army War College (Richard M., "National Military Strategies: 1990 to 2007," in "National Security Policy and Strategy," Ed. by J. Bartholomees, p.86, June, RG)
The Chairman’s strategic planning system integrates the processes and documents of the people and organizations AND guard, and reserve forces and total defense outlays of 24572B.4
DA
Judicial deference is high now
Bazzle 12 – J.D., Georgetown University Law Center ~Timothy, "SHUTTING THE COURTHOUSE DOORS:¶ INVOKING THE STATE SECRETS PRIVILEGE TO THWART¶ JUDICIAL REVIEW IN THE AGE OF TERROR", Civil Rights Law Journal, Vol. 23, No. 1, 2012~gw The war on terror has led to an increased use of the state secrets privilege AND allege a credible claim of government wrongdoing retain¶ their due process rights.
Courts lack war power authority, they should defer to the other branches
Barr 3 – William, Former Attorney General of the US, et al, Amicus Brief in Rasul v Bush ~U.S. Briefs 334, March 3, 2004, p. 7-9~gw Notably absent from the constitutional clauses dealing with war powers is any mention of the AND Pet. Adm.) 942, 947 (D. Pa. 1793).
Deference is key to military flexibility and war fighting capabilities
Hudson 99 – Major in the US Army, Walter ~March, Racial Extremism in the Army, Military Law Review (159 Mil. L. Rev. 1~gw interests that the adjudicative process is best suited to protect–namely, constitutional protections AND at the gravest danger posed by racial extremists–the violent hate crime.
Lack of U.S. primacy ensures systemic and catastrophic nuclear wars
White 8 – Hugh, Professor of Strategic Studies at Australian National University ~’Why War in Asia Remains Thinkable’, Survival, 50:6, 85-104~cn Finally, the fourth model is the balance-of-power system that shaped AND way, an order is emerging in which major war is more likely.
Solvency
Even though Congress and the Executive can act without a written opinion but a judicial opinion without a reason why makes the decision non-binding
John Eastman 2006 Eastman, Prof. Law @ Chapman and Director Claremont Con. Law Center., 06 (Phd, JD, John, Summer, 54 Drake L. Rev. 831) Freed of Coke’s understandable concern with self-preservation, we have the luxury of AND on the strength of the arguments marshaled in support of the judicial decree.
The courts can’t solve – empirically, Congress and the executive will ignore or circumvent the court
Akram 13 – Susan M. Akram, a School of Law clinical professor of law and former executive director of Boston’s Political Asylum/Immigration Representation Project ~5/28, http://www.bu.edu/today/2013/gitmo-the-legal-mess-behind-the-ethical-mess/~~gw How could the detention center be legal at all if Congress has blocked funding for AND have the legal status of the detainees determined by a "competent tribunal."
CP ends a long precedent of judicial non-interference in foreign affairs – destroys SOP
Clark 96 – Bradford R., Associate Professor of Law at George Washington University Law School ~April, "Federal Common Law: A Structural Reinterpretation," University of Pennsylvania Law Review, LN~bg The Court’s approach has merit. The Constitution vests exclusive authority over foreign affairs in AND formulation" appears necessary to preserve the political branches’ power over foreign relations.
Reject violations of SOP because they violate individual autonomy – ensures nuclear war
Redish 91 – Martin, Professor of Law and Public Policy at Northwestern ~41 Duke L.J. 449~cn In any event, the political history of which the Framers were aware tends to AND be forced into the position of saying, "I told you so."
Court action collapses business conficence
Woellert 5 – Lorraine, Legal Correspondent, Business Week ~10-16, Lexis~cn Roberts already has disappointed them. "Judges take a more practical and pragmatic approach AND that often made their 9-to-5 workday a little easier.
That collapses the economy
Braithwaite 4 – John, Australian Research Council Federation fellow, and chair of the Regulatory Institutions Network ~Mar, The Annals of The American Academy of Political and Social Science, 592 Annals 79, p. l/n~ The challenge of designing institutions that simultaneously engender emancipation and hope is addressed within the AND , a neglect that continues to this day (see also Barbalet 1993). Test Case Fiat is a Voting Issue Congress has the power to generate legislation, but the Court is a reactive body – it has to wait for a case to be presented to it – proves they’re an abusive, contrived form of fiat – and, that means they don’t solve Molin 9 – Teo, writer at HUMAN EVENTS, member of the National Journalism Center ~Jun 27, http://www.humanevents.com/article.php?id=32462~~cn The Supreme Court can’t pass legislation; it can’t draft bills and it can’t issue AND rights of Americans at the federal level, as granted by the Constitution. We lose predictable ground: If there’s no test case about the aff, the Court isn’t an opportunity cost that’s responded to in the literature – even if agent affs are good, they should meet this minimum threshold The CP rules sua sponte – takes out their solvency (and links to politics) Milani 2 – Adam, PROFESSOR, MERCER UNIVERSITY SCHOOL OF LAW; J.D., DUKE ~"PLAYING GOD: A CRITICAL LOOK AT SUA SPONTE DECISIONS BY APPELLATE COURTS," Tennessee Law Review, Vol. 69~cn The rule that points not argued will not be considered is more than just a AND themselves, not the decision maker, determine what issues will be adjudicated.
The Court can’t rule without a test case
Krimbel 89 – Rosemary, JD at Chicago-Kent College of Law ~65 Chi.-Kent L. Rev. 919, lexis~cn Indeed, the Court hears only a small proportion of the thousands of cases that AND doctrines comport with the Court’s duty to avoid constitutional questions unless necessary. 162
Afghan
Turn—Central Asian Democracy—
a. Afghan stability causes Central Asian democracy—it’s a key model.
Peter Bergen, Senior Fellow at the New America Foundation and adjunct professor at the School of Advanced International Studies at Johns Hopkins, Testimony before the House Committee on Foreign Affairs, 2-15-2007 (http://foreignaffairs.house.gov/110/ber021507.htm)
It is also time for the United States to institute a long-term mini AND and the Central Asian republics, none of which are truly democratic states.
b. Central Asian democracy causes Uighur secessionism, which will destroy China’s economy.
Many Uighurs view the Chinese as colonizers, and this is bound to lead to AND Xinjiang with consequences for the Chinese economy as well as the Uighur’s themselves.
Weak economy is the only incentive for aggressive foreign policy and great power involvement.
’In the past, a weak China, beset by social disorder, inflation and AND economic power with a commensurate amount of military power will be the key. It is commonly asserted that national leaders who are unable to overcome domestic difficulties sometimes AND more unpredictable and dangerous than a strong, confident and cohesive China.’27 There are already signs of unrest and secessionist movements in China, and if China AND Xinjiang Province and the banned Falungong cult under control are some urgent tasks.
c. That tanks the global economy.
James Hoge, Editor of Foreign Affairs, from a speech given to Johns Hopkins University, July/August 2004. "A Global Power Shift in the Making," Foreign Affairs.
Nevertheless, China’s own extraordinary economic rise is likely to continue for several decades — AND of economic malaise. But that trend might not continue if China crashes.
Economic growth checks extinction Auslin 26 Lachman 9 ~Michael Auslin is a resident scholar and Desmond Lachman is a resident fellow at AEI, "The Global Economy Unravels," March 6, http://aei.org/publications/pubID.29502,filter.all/pub_detail.asp~
What do these trends mean in the short and medium term? The Great Depression AND may be a series of small explosions that coalesce into a big bang.
No escalation—no vital interests for great power war in Central Asia.
Richard Weitz, senior fellow and associate director of the Center for Future Security Strategies at the Hudson Institute, Summer 2006. The Washington Quarterly, lexis.
Central Asian security affairs have become much more complex than during the original nineteenth- AND opportunities for cooperative diplomacy in a region where bilateral ties traditionally have predominated.
Notwithstanding these numerous challenges, in general the countries of Central Asia have demonstrated stability AND in political-bureaucratic games and have demonstrated a high level of survivability.
Middle East conflicts won’t escalate
Maloney 26 Takeyh 7 – Susan, senior fellow for Middle East Policy at the Center for Middle East Studies at the Brookings Institution, Ray, senior fellow for Middle East Studies at the Council on Foreign Relations ~6/28, http://www.brookings.edu/opinions/2007/0628iraq_maloney.aspx~~cn Yet, the Saudis, Iranians, Jordanians, Syrians, and others are very AND its civil strife and prevent local conflicts from enveloping the entire Middle East.
Coup won’t cause nuclear war—US has a contingency plan to go in an extract the nuclear weapons with special forces—Pakistan has already agreed to the deal and kept in on the DL—that’s Times of India.
Nuclear weapons are safe—those facilities are heavily guarded.
Are Pakistan’s bombs safe? In theory, Pakistan’s nuclear weapons could be vulnerable to AND major political parties in Pakistan that do not define themselves in religious terms.
Prefer our evidence to their propaganda—doomsday scenarios involving extremist takeovers of Paksitani nuclear weapons are designed to make Pakistan look unreliable—in reality, facilities are heavily guaraded and none of the Islamist groups inside Pakistan would use nuclear weapons or give them to terrorists.
THE sickening regularity of reports emerging in US and West, calling into question Pakistan’s AND even Taleban remains a ’riddle wrapped in a mystery inside an enigma’.
Turn—Trans-afghanistan pipeline—
a. Stability key to TAPI now – status quo structures prevent deal
Pakistan, Afghanistan and Turkmenistan have revived efforts to restart work on the abandoned pipeline AND a huge impetus to confidence-building in a conflict-prone region.
The country most likely to suffer from the possible construction of pipelines in Afghanistan is AND , across Afghanistan to the Indian Ocean, Russia will lose transit revenue.
c. That causes civil war—escalates and goes nuclear.
Steven David, Prof. of political science at Johns Hopkins, 1999, Foreign Affairs.
If internal war does strike Russia, economic deterioration will be a prime cause. AND this threat more than the chaos that would follow a Russian civil war.
Deference
Zero risk of US-Russian war
Graham 7 – Thomas, senior advisor on Russia in the US National Security Council staff 2002-2007 ~"Russia in Global Affairs" The Dialectics of Strength and Weakness http://eng.globalaffairs.ru/numbers/20/1129.html~~cn An astute historian of Russia, Martin Malia, wrote several years ago that " AND while laying the basis for more constructive long-term relations with Russia.
Economic ties deter war between China and Taiwan
Huang 3 – Eric Ting-Lun, LL.B. Soo-chow University School of Law, Taiwan, ROC; LL.M., and currently S.J.D. candidate ~Golden Gate Law, Spring 2003, 9 Ann. Surv. Int’l 26 Comp. L. 55~ After twelve years of negotiations, Taiwan was admitted as a full member of the AND tensions and gradually increase economic cooperation through their repeated contacts at WTO meetings.
Fear of U.S. retaliation prevents Chinese escalation over Taiwan
Pike 4 – writer for Global Security ~http://www.globalsecurity.org/military/ops/taiwan-prc.htm~~cn China would almost certainly not contemplate a nuclear strike against Taiwan, nor would Beijing AND to control escalation beyond "demonstrative" detonations would cause utterly disproportionate destruction.
Fear of internal dissent stops Chinese invasion of Taiwan
Marti 2 – Dr. Michael E., Senior Fellow at the Center for the Study of Chinese Military Affairs at the Institute for Strategic Studies at National Defense University ~September 2002, "China’s Taiwan Policy: Carrot and Stick," http://www.dsis.org.tw/peaceforum/papers/2002-09/CSP0209001e.pdf~~ In addition to the Bush Administration’s tougher stand, there is another important consideration that AND democracy (Taiwan), with which it has growing economic and cultural ties.
Turn - The plan undermines the president’s ability to effectively respond to crises
Yoo 6 – a visiting scholar at AEI ~John, July 7, The High Court’s Hamdan Power Grab, http://www.aei.org/publications/filter.all,pubID.24630/pub_detail.asp, Accessed August 3, 2006~gw Long-standing U.S. practice recognizes that the president, as commander AND blocked—giving him the flexibility to wage a successful war on terrorism.
Presidential weakness emboldens adversaries – that triggers multiple scenarios for conflict
South China Morning Post 2k ~"Position of Weakness" 12-11-00, p. L/N~ A weak president with an unclear mandate is bad news for the rest of the AND the world needs the United States to use its power deftly and decisively.
Empirically, other states don’t get involved in conflict
Arab-Israeli Conflict will not escalate – casualties low and empirically false
Luttwak 7 – Edward, senior adviser at the Centre for Strategic and International Studies ~May 07, "The middle of nowhere," http://www.prospectmagazine.co.uk/2007/05/themiddleofnowhere/~~mky Why are middle east experts so unfailingly wrong? The lesson of history is that AND about as many as are killed in a season of conflict in Darfur.
No escalation
Fettweis 7 – Christopher, Asst Prof PSci at Tulane, Asst Prof National Security Affairs, US Naval War College ~December, "On the Consequences of Failure in Iraq," Survival, Vo. 49, Iss. 4, p.83-98~job Without the US presence, a second argument goes, nothing would prevent Sunni– AND cooperation to address that common interest is far more likely than outright warfare.
"USFG" followed by "should" means the debate is about the desirability of enacting a government policy
Ericson 3 – Jon, Dean of the College of Liberal Arts – California Polytechnic U ~The Debater’s Guide, Third Edition, p. 4~cn In policy propositions, each topic contains certain key elements, although they have slightly AND compelling reasons for an audience to perform the future action that you propose.
War power relates ONLY to declared wars
Black’s Law Dictionary 99 ~7th Edition, p. 1578 – 1579~ "War Power" is defined as "the constitutional authority of Congress to declare war and maintain armed forces (U.S. Const. art. I, § 8, cls. 11-14), and of the President to conduct war as commander-in-chief (U.S. Const. art. II, § 2, cl. 1)."
"Resolved" means a yes/no question about policy adoption – the debate context is key
Parcher 1 – Jeff, J.D., Director for Communications at the Center for Community Change ~Feb 26, "Is the Resolution a Question?" Online~ (1) Pardon me if I turn to a source besides Bill. American AND or ’no’ - which. of course. are answers to a question.
THUS, given a policy resolution, the role of the ballot is to answer a single yes/no question: Would the USFG implementing a ~substantial increase in its democracy assistance~ be more desirable than the status quo or a competitive alternative?
B) VIOLATION
The affirmative does not defend the USFG literally and immediately enacting such a policy. Instead, they ask you to ~resolve some other question with the ballot~.
C) PREFER OUR INTERPRETATION
1) Predictable Limits – they justify shifting the topic of debate to an infinite number of other questions, which rigs the game for the aff because we can’t adequately research and prepare against them.
And, the topic must be presupposed for meaningful debate to occur
Ehninger 70 – Douglas, Professor of Speech at U-Iowa ~Jun, Speech Monographs, p. 108~cn If two friends differ on whether they will gain greater satisfaction from dining at Restaurant AND need to assume and agree upon as a necessary condition of argumentative interchange.
Gotta have a plan—failure to have a concrete option we can debate against guarantees that oppression continues and efforts for change backfire
What follows is not an attempt to discredit our efforts. It was a powerful AND others will be prepared to build up the state or a new state.
2) Reciprocal Ground – other frameworks are self-serving, because they divide ground on some non-resolutional basis – this hamstrings the neg since the aff could always just defend some one-sided issue like "Racism is bad" or "metaphors exist."
And, it’s easy to point out problems – the real ground for debate is over the implementation of imperfect policy solutions
Rosenthal 9 – Alan, professor of public policy and political science at Rutgers University ~Jul, http://www.ncsl.org/documents/public/trust/LessonPlans_HS.pdf~~cn The environment is a rough one, but a most important obstacle democracy faces is AND many of the states attests to the division in the ranks of Americans.
D) THIS IS A VOTING ISSUE – our standards prove in-round and pre-round abuse, and your ballot helps create community norms that promote fair and educational debate
Enemies K
Recognizing the terrorist as the enemy is a key prerequisite to politics—the aff’s framing otherizes terrorists by failing to give them status in the political sphere
Bargu 10—Banu, Professor @ The New School for Social Research ~"Unleashing the Acheron: Sacrificial Partisanship, Sovereignty, and History", Theory and Event, Project MUSE~ab Like the partisan, the human weapon is irregular and outside legality, with a AND valuable than life, and this understanding is sustained by an alternative cosmology.
Removal of political identifiers justifies indiscriminate violence—shifting interpretations of the enemy triggers their impacts
Reinhard 4—Kenneth, professr of Jewsih Studies @ UCLA ~http://www.cjs.ucla.edu/Mellon/Towards_Political_Theology.pdf~~ab If the concept of the political is defined, as Carl Schmitt does, in AND to resuscitate him, to breathe life into the animus of the enemy.
The alternative is to vote negative to draw lines in the sand—only our interpretation of politics establishes a framework of power relations, which can solve problems of inclusivity
Rasch 5—William, professor of Germanic Studies @ Indiana University ~Spring, "Lines in the Sand: Enmity as a Structuring Principle", South Atlantic Quarterly, Duke Press Online~ab But as Max Weber observed firsthand, ascetic quietude leads so often, so quickly AND it may also always produce recurring, asphyxiating political nightmares of absolute exclusion.
Terror DA
Detention in the name of the War on Terror prevents catastrophic terrorism
Sulmasy 9 – Glenn, law faculty of the United States Coast Guard Academy ~Anniversary Contributions: Use of Force: Executive Power: the Last Thirty Years, 30 U. Pa. J. Int’l L. 1355~gw Since the attacks of 9/11, the original concerns noted by Hamilton, AND of the reality of executive power in the twenty-first century. n24
Terrorists can get nuclear weapons and material – numerous studies confirm
Terrorist detonation escalates to full-scale nuke war and extinction
Morgan 9 – Dennis Ray, Hankuk University of Foreign Studies ~Dec, "World on fire," 41 South Korea Futures 10, 683-693~cn In a remarkable website on nuclear war, Carol Moore asks the question "Is AND , to a life of unimaginable misery and suffering in a nuclear winter.
Donohue K
Material reality is more important than the critique. Given that we have no real intention of implementing the alternative beyond the empty gesture of the ballot, the criticism turns itself by giving us false distance from the existing order—placing us more firmly within it.
Developing this idea in specifically Marxist terms, Žižek emphasizes the point that commodity fetishism AND certainty of its suggestion of direct action in pursuit of clearly understood interests.
Ideological transgression is a continuation of the existing order—the power of the protest structurally depends upon the continued authority of what the system. The critique functions as a carnivalesque reversal of authority—
Žižek, 95 ((Philosopher and Psychoanalyst, Institute for Social Sciences, University of Ljubljana LAW AND THE POSTMODERN MIND: SUPEREGO BY DEFAULT, Cardozo Law Review, 1995, 16 Cardozo L. Rev. 925).
In the traditional patriarchal society, the inherent transgression of the law assumes the form AND the cynic the clearest example of one obsessed precisely with the national thing?
Protest within the academy support dominant ideologies because they are co-opted as self-congratulatory proof of the liberal tolerance of the existing order. The co-optation of safe protest also legitimates the violent elimination of more threatening protest.
If protest culture represents the expression of intellectual and political liberty in contemporary neo- AND — translate into concrete political practices that transcend their negation by the market.
Hence we present our alternative: reject the affirmative call to action on the grounds that it plays into the power of the structures they claim to critique.
By demonstrating that the affirmative has libidinal attachments to the very structures of domination that they critique, we turn and outweigh the affirmative:
1) Our critique is a pre-requisite to their project. We do not reject the affirmative’s goals but prove that they make solvency impossible. Truly authentic political acts are those that change the very Symbolic coordinates of the dominant ideology. Such acts are impossible in a world where the Symbolic Order is left intact.
The volume of critique literature and discussion demonstrates that there is no shortage of protest. The problem is that we confuse repetition of our message with political action. No matter how benign and "revolutionary" the rhetoric of a new humanity plays into the hands of existing political structures because it replaces an empty gesture for real political action.
Nayar, 99 (Jayan, (School of Law, University of Warwick) Transnational Law 26 Contemporary Problems, Fall, 9 Transnat’l L. 26 Contemp. Probs. 599).
The description of the continuities of violence in Section II in many ways is familiar AND and implicate our familiarities in ways that defy the simplicities of straightforward immutability. Continues... of the "other"—of cultures, languages, social systems, beliefs, AND the ordered "world," itself, impliedly, a component part of the ordered, order(ing), globalized world. The mutuality of "professional" AND ) voice, little is changed in the order-ing of worlds.
Case
Aff text cannot solve their claims about understanding war – they solely reject the war metaphor, not engage in a discussion of its effects.
Issuing threats is key to check imperialist tendencies that could trigger war
Morgenthau 26 Thompson 85 – Hans 26 Kenneth, Professors of Political Science, Universities of Chicago and Virginia ~POLITICS AMONG NATIONS, p.77-8~cn As the policies of imperialism and the status quo are fundamentally different in nature, AND it that a step beyond the line entails the virtual certainty of war.
The aff doesn’t spillover. Their vision is so radical that it would get shot down and reversed
Ferguson 2009 (Niall, American Interest, http://www.the-american-interest.com/ai2/article.cfm?Id=33526MId=16) So much for the American predicament. What of Posen’s alternative grand strategy based on AND to restart mainstream debate on American grand strategy, that is pretty rich.
If they win their impact is true, it’s non-unique and aff fails
The Effects of Technology-Driven Warfare on Politics and Social Movements¶ The practical AND not conducive to the formation of a substantial check on presidential action.134
Consequentialism is key to ethical policymaking
Isaac 2 – Jeffrey, Professor of Political Science at Indiana University ~Spring, Dissent, vol. 49, no. 2~cn Power is not a dirty word or an unfortunate feature of the world. It AND not true believers. It promotes arrogance. And it undermines political effectiveness.
War is decreasing in frequency and magnitude
Marshall 26 Cole 8 – Research Prof. Public Policy and Dir. Research Center for Global Policy at George Mason ~Foreign Policy Bulletin: The Documentary Record of United States Foreign Policy, "Global Report on Conflict, Governance and State Fragility 2008", doi:10.1017/S1052703608000014~cn The global trend in major armed conflict has continued its dramatic decline in the globalization era both in numbers of states affected by major armed conflicts and in general magnitude (Figure 3). According to our calculations, the general magnitude of global warfare has decreased by over sixty percent since peaking in the mid-1980s, falling by the end of 2007 to its lowest level since 1960.
There are no prior questions – empirical validity is enough basis for action – their approach is inaccurate and undermines real problem-solving
Owen 2 – David, Political Theorist at the University of Southampton ~Jul, "Re-orienting International Relations: On Pragmatism, Pluralism and Practical Reasoning," Millennium - Journal of International Studies; 31; 653~cn Commenting on the ’philosophical turn’ in IR, Weaver remarks that ’~a~ AND into the promotion of the pursuit of generality over that of empirical validity.
No root cause – the world is too complex; consensus of experts agree
Cashman 2k – Greg, Professor of Political Science at Salisbury State University ~"What Causes war?: An introduction to theories of international conflict" pg. 9~cn Two warnings need to be issued at this point. First, while we have AND , but also a certain element of randomness or chance in their occurrence.
Political constraints fail – weak media, governmental secrecy and the existence of a wide array of war powers abuses
Posner is comfortable with the only restraint on executive power being the somewhat amorphous consent AND difficult to imagine that there is a genuine popular consensus supporting illegal detention,
targeted killings, torture, warrantless surveillance, secret wars, or an immigration program AND Americans (possibly excluding University of Chicago law professors) has fallen sharply.
The law can help people —- reformism is empirically more successful than revolutionary withdrawal.
Kazin, Professor of History at Georgetown University, ’11 ~Michael, Has the US Left Made a Difference, Dissent Spring p. 52-54~ But when political radicals made a big difference, they generally did so as decidedly AND …are too much to live up to and too much to escape."
Refusing to construct outside threats triggers civil war
Huntington 97 – Samuel, Professor of International Studies at Harvard ~Sept/Oct, Foreign Affairs, p. 30-1~cn As the Cold War wound down in the late 1980s, Gorbachev’s adviser Georgiy Arbatov AND the Cold War fades, America may be faced with a comparable dynamic.
Threat construction deters conflict
Hermann 95 – Richard, Professor of Political Science, Ohio State ~Summer, INTERNATIONAL ORGANIZATION, p.431~cn The logic behind the association of particular strategies with particular images is grounded in the AND suggests a cautious, resisting strategy to counter the probes of the target.
TPA will pass—using TPP to leverage Congress to get it through
Hagstrom 2/21—Jerry, AG Week ~http://www.agweek.com/event/article/id/22745/~~ab U.S. Trade Representative Michael Froman signaled late Thursday that the Obama administration AND in the past," but one that would integrate labor and environmental standards.
Obama PC key to get Reid to bring the bill to a vote—that ensures passage
Royal 10 – Jedediah, Director of Cooperative Threat Reduction at the U.S. Department of Defense ~"Economic Integration, Economic Signaling and the Problem of Economic Crises," in Economics of War and Peace: Economic, Legal and Political Perspectives, ed. Goldsmith and Brauer, p. 213-215~cn Less intuitive is how periods of economic decline may increase the likelihood of external conflict AND such, the view presented here should be considered ancillary to those views.
K
The 1AC paints a picture of nuclear war analogous to the exaggerations of aerial bombardment and poison gas in World War I and II. They are lying to you; a nuclear war would not even come close to ending the world
I patiently reply to these correspondents that nuclear war would not be the end of AND winter hypothesis can now be relegated to a vanishingly low level of probability."
The exaggerations weapons systems and downplaying defense measures has throughout history been used to justify political action in order to make the pacifist case invincible
This is a very important point, because it underlines the problem that once the AND thugs from attacking you, and that protection efforts are hopeless anyway.
The alternative is to reject the aff. We must accept the fact nuclear war does not cause extinction and refuse to justify political plans based on this propaganda
Accepting the facts will lead to an increased public awareness, stopping the spread of propagandist lies and creating civil defense
Cook 11 (Nigel B. PhD Computer Programming, BA Physics, "Classified Government weapons and war exaggeration secrets: the problem" http://glasstone.blogspot.com/ 1/18/11)
In order to learn from this mistake, we need to first accept the facts AND be their choice. The Government should at least make the choice available.
CP The United States federal judiciary should restrict the authority of the President of the United States to indefinitely detain on the grounds that executive indefinite detention violates the Posterity Clause.
A Posterity Clause ruling spills over to create intergenerational standing – that’s key to prevent extinction
Davidson 3 – John Edward, J.D., Professor of Constitutional Law, Pioneer Pacific College; Senior Research Fellow, Constitutional Law Foundation ~"Tomorrow’s Standing Today: How the Equitable Jurisdiction Clause of Article III, Section 2 Confers Standing Upon Future Generations," 28 COLUM. J. ENVTL. L. 185, LEXIS~cn We deplete freshwater aquifers many times faster than nature can replenish them. 4 We AND rights in the absence of any more specific congressional authorization than 1331. 26 DA
Plan erodes the jus in bello framework critical to LOAC in general—the distinction between lawful and unlawful combatants is key
Casey et al 5—Lee, Partner, Baker 26 Hostetler LLP; David Rivkin, David, partner in the Washington office of Baker Hostetler LLP, He is also a Visiting Fellow at the Nixon Center and a Contributing Editor of the National Review magazine ~2/15, http://www.fed-soc.org/publications/detail/unlawful-belligerency-and-its-implications-under-international-law~~ab At the dawn of the 21st century, the civilized world is once again seriously AND to maximum extent possible, the destruction and horror of war ~66~.
Strong LOAC key to regulating future tech—nanotech CBWs coming now—no generic impact D
Jenson 14—Eric, teaches and writes in the areas of Public International Law AND
and legal advisor in Bosnia in support of Operation Joint Endeavor/Guard ~Eric, "The Future of the Law of Armed Conflict: Ostriches, Butterflies, and Nanobots", SAGE~ab Future technologies, such as the virology discussed in the scenario at the beginning of AND a weapon system will stress the LOAC as future technologies continue to develop.
Nanotech CBWs are easy to construct and create uncontrollable damage—risks extinction and outweighs nuke war
Jenson 14—Eric, teaches and writes in the areas of Public International Law AND
and legal advisor in Bosnia in support of Operation Joint Endeavor/Guard ~Eric, "The Future of the Law of Armed Conflict: Ostriches, Butterflies, and Nanobots", SAGE~ab Biological agents have rarely248 appeared in armed conflict since the early 20th century.249 AND weapons will remain a possible (and likely) weapon in armed conflict. Solvency
Vague nature of the Suspension clause means the aff sparks debate and gets bogged down in legal interpretation – Any misinterpretation kills aff solvency
Tyler 11 – Amanda L., Berkeley Law Scholarship Repository – Faculty Scholarship ~1/1, The Forgotten Core Meaning of the Suspension Clause~cs The Suspension Clause remains a puzzle. Just what the Founding generation had in mind AND must inform any attempt to make sense of the Suspension Clause today.10
Aff must overturn Hamdi to give the Suspension Clause any weight
Tyler 11 – Amanda L., Berkeley Law Scholarship Repository – Faculty Scholarship ~1/1, The Forgotten Core Meaning of the Suspension Clause~cs The Supreme Court’s holding in Hamdi v. Rumsfeld,19 a case arising out AND has emphasized the significance of original meaning in other Suspension Clause decisions.25
The aff is not binding—no written opinion
John Eastman 2006 Eastman, Prof. Law @ Chapman and Director Claremont Con. Law Center., 06 (Phd, JD, John, Summer, 54 Drake L. Rev. 831) Freed of Coke’s understandable concern with self-preservation, we have the luxury of AND on the strength of the arguments marshaled in support of the judicial decree.
Congress and Obama will circumvent
Akram 13 – Susan M. Akram, a School of Law clinical professor of law and former executive director of Boston’s Political Asylum/Immigration Representation Project ~5/28, http://www.bu.edu/today/2013/gitmo-the-legal-mess-behind-the-ethical-mess/~~gw How could the detention center be legal at all if Congress has blocked funding for AND have the legal status of the detainees determined by a "competent tribunal." The plan rules sua sponte – takes out their solvency (and links to politics) Milani 2 – Adam, PROFESSOR, MERCER UNIVERSITY SCHOOL OF LAW; J.D., DUKE ~"PLAYING GOD: A CRITICAL LOOK AT SUA SPONTE DECISIONS BY APPELLATE COURTS," Tennessee Law Review, Vol. 69~cn The rule that points not argued will not be considered is more than just a AND themselves, not the decision maker, determine what issues will be adjudicated. Abstention
No SCS conflict
Gupta 11 – Rukmani, Associate Fellow @ the Institute for Defense Studies and Analyses ~10/23/11, "South China Sea Conflict? No Way", the-diplomat.com/2011/10/23/south-china-sea-conflict-no-way/~job Despite what opinion pieces in the Global Times may say, there’s reason to suspect AND seen as attempts to exaggerate claims so as to secure a better negotiating stance
Accidental launch lands in the ocean
Slocombe 9 Frmr Under Secretary of Defense for Policy; Caplin 26 Drysdale Attorneys (Walter, De-Alerting: Diagnoses, Prescriptions, and Side-Effects, http://www.ewi.info/system/files/Slocombe.pdf-http://www.ewi.info/system/files/Slocombe.pdf,) Moreover, in recent years, both the US and Russia, as well as AND , a highly capable and highly survivable command and control system is essential.
Launch on warning is an alt cause to accidental launch
No war with China
Friedberg 5 – Professor of Politics and International Affairs at Princeton, Deputy Asst for National Security Affairs and Director of Policy Planning in the Office of the Vice Pres ~Fall 2005, International Security, Vol. 30, No. 2, p.7-45~job Fortunately, a number of the factors to which the optimists point seem likely to AND were not accompanied immediately by more profound and far-reaching domestic political reforms
Obama’s needs to appear unpredictable to make the Asia Pivot credible
Judicial restrictions undermine the war on terrorism by diminishing flexibility and signaling weakness
Sekulow 4 – American Center for Law and Justice Chief Counsel ~Jay Allen, Amicus Brief for Rumsfeld v. Padilla, 3-17, http://www.wiggin.com/db30/cgi-bin/pubs/American20Center20for20Law2020Justice.pdf~~gw We are facing an enemy which willingly commits the most horrendous, suicidal acts against AND those who planned the 9-11 attacks and seek to repeat them.
Asia Pivot prevents conflict and miscalc—turns their China impact
Barno and Bensahel 12—David, Center for New American Security; Nora, Ph.D and CNAS Deputy Director of Studies ~1/6, www.cnas.org/node/7641~ab-http://www.cnas.org/node/76415dab The pivot to the Asia-Pacific is essential because the region stands poised to AND worry about American decline by clearly conveying an unwavering commitment to Asian security. Afghanistan
Plan irrelevant—Karzai just released Bagram detainees—means no modeling or US not key
Giorgio et al 10 – Institute?for? Globalization?and?Society ~"Nuclear Deterrence in South Asia: An Assessment of Deterrence and Stability in the Indian – Pakistan Conflict," Global Studies, Autumn, http://dspace.ruc.dk/bitstream/1800/6041/1/Project20GS-BA2c20Autumn202010.pdf~~gw To what extent has nuclear deterrence enhanced stability in the India-Pakistan conflict? AND deterrence has thus been successful in creating stability on a higher structural level.
US legal modeling fails – can’t shape norms
Law and Versteeg 12 – David S. Law, Professor of Law and Professor of Political Science, Washington University in St. Louis. B.A., M.A., Ph.D., Stanford University; J.D., Harvard Law School; B.C.L. in European and Comparative Law, University of Oxford, Mila Versteeg, Associate Professor, University of Virginia School of Law. B.A., LL.M., Tilburg University; LL.M., Harvard Law School; D.Phil., University of Oxford ~"The Declining Influence of the United States Constitution," New York University Law Review, Vol. 87, No. 3, pp. 762-858, June 2012, online~gw The appeal of American constitutionalism as a model for other countries appears to be waning AND follow its lead. But the world would¶ surely pay close attention.
Ethnic divides, military problems and elections are all MAJOR alt causes to Afghan stability
Innocent 9 – Malou, Forein Policy and CATO Institute ~http://www.cato.org/pubs/wtpapers/escaping-graveyard-empires-strategy-exit-afghanistan.pdf-http://www.cato.org/pubs/wtpapers/escaping-graveyard-empires-strategy-exit-afghanistan.pdf~~cs Additionally, regional stakeholders, especially Russia and Iran, have an interest in a AND The interests of NATO and the CSTO countries regarding Afghanistan conform unequivocally."83 Mutual interests between Western forces and Afghanistan’s surrounding neighbors can converge on issues of transnational terrorism, the Caspian and Central Asia region’s abundant energy resources, cross-border organized crime, and weapons smuggling. Enhanced cooperation alone will not stabilize Afghanistan, but engaging stakeholders may lead to tighter regional security.
A litany of problems between US and Afghanistan ensure failure – detention is already a major sticking point
PressTV 13 ~Mar 15, "Anti-Americanism increases worldwide: Poll,"~cs The worldwide approval rate of the image of U.S. leadership has plunged AND years, according to the UN body monitoring the rights of children. AP
Can’t solve Afghan judiciary—human capacity is prerequisite and doesn’t exist
Tournament: ADA | Round: 3 | Opponent: Wake Forest Villa-Stirrat | Judge: Brossmann DA
PQD is strong now
Bradley 13 – Curtis A., William Van Alstyne Professor of Law – Duke Law School ~"War Powers, Syria, and Non-Judicial Precedent," Lawfare Blog, 2013, http://www.lawfareblog.com/2013/09/war-powers-syria-and-non-judicial-precedent/~~gw As an initial matter, we need to bracket the issue of whether Obama’s action AND that might have motivated Obama to go to Congress with respect to Syria.
Indefinite detention is a political question—the plan destroys the doctrine
Pennelle 6 – Laura, California Western Law School ~"THE GUANTANAMO GAP: CAN FOREIGN NATIONALS OBTAIN REDRESS FOR PROLONGED ARBITRARY DETENTION AND TORTURE SUFFERED OUTSIDE THE UNITED STATES?," 36 Cal. W. Int’l L.J. 303~gw Assuming there was a judicially cognizable remedy available to foreign national detainees, issues of AND "expressing lack of the respect due coordinate branches of government. 2 2
PQD key to Sonar training
Gartland 12 – Maj. Charles, B.A., University of Alaska - Anchorage; J.D., cum laude, Gonzaga University School of Law; LL.M., George Washington University Law School) is a United States Air Force judge advocate currently serving as the Environmental Liaison Officer for the Air Force Materiel Command ~"ARTICLE: AT WAR AND PEACE WITH THE NATIONAL ENVIRONMENTAL POLICY ACT: WHEN POLITICAL QUESTIONS AND THE ENVIRONMENT COLLIDE," 68 A.F. L. Rev. 27~gw The public interest in conducting training exercises with active sonar under realistic conditions plainly outweighs AND the Republic, allows statutes like NEPA to exist in the first place.
That’s key to overall Naval power and anti-submarine warfare.
Popeo et al 8 – Daniel, Paul Kamenar, Washington Legal Foundation, Andrew McBride, Thomas McCarthy, Andrew Miller, William R. Dailey, Wiley Rein LLP ~"Brief for Amici Curiae The Washington Legal Foundation, Rear Admiral James J. Carey, U.S. Navy (Ret.), National Defense Committee, and Allied Educational Foundation in Support of Petitioners," http://www.wlf.org/upload/07-1239winter.pdf~~ Throughout our Nation’s history, the Navy has played a vital role in major world AND our international standing, and an alteration in our established way of life.
That unleashes a laundry list of nuclear conflicts
Eaglen 11 – Mackenzie research fellow for national security – Heritage, and Bryan McGrath, former naval officer and director – Delex Consulting, Studies and Analysis ~"Thinking About a Day Without Sea Power: Implications for U.S. Defense Policy," Heritage Foundation~gw Global Implications. Under a scenario of dramatically reduced naval power, the United States AND the international supply chain with impacts in the billions of dollars.~16~ CP
The United States federal judiciary should apply a clear statement principle to the statutorily defined indefinite detention war powers authority of the President of the United States on the grounds that executive indefinite detention violates the Posterity Clause.
A Posterity Clause ruling spills over to create intergenerational standing – that’s key to prevent extinction
Davidson 3 – John Edward, J.D., Professor of Constitutional Law, Pioneer Pacific College; Senior Research Fellow, Constitutional Law Foundation ~"Tomorrow’s Standing Today: How the Equitable Jurisdiction Clause of Article III, Section 2 Confers Standing Upon Future Generations," 28 COLUM. J. ENVTL. L. 185, LEXIS~cn We deplete freshwater aquifers many times faster than nature can replenish them. 4 We AND rights in the absence of any more specific congressional authorization than 1331. 26 CP
Text: A member of the United States Congress, solely in his or her official capacity, should file a suit in state court alleging that statutorily defined indefinite detention war powers authority of the President of the United States violates the Suspension Clause. After the trial and appellate courts issue rulings in the case, the United States Supreme Court should grant certiorari and issue an injunction ordering the relief requested by the member of Congress.
Members of Congress currently cannot sue on behalf of Congress – the counterplan necessarily recognizes legislator standing
Legislative standing is key to multilateralism, treaties, and the U.N.
Adler 4 – David Gray, Professor of Law at Idaho State Presidential Studies Quarterly, Vol. 34, Is. 1 President George W. Bush’s unilateral termination of the 1972 ABM Treaty between the United AND , there are a good many reasons to believe that it does not.
Key to avoid multiple scenarios for extinction
MMA 2 – Malaysian Medical Association ~Sept 6, http://www.mma.org.my/current_topic/sept.htm~~ Our world is increasingly interdependent and the repercussions of the actions of states, non AND destroying itself through environmental degradation or the use of weapons of mass destruction.
DA
Presidential power is high now
Douglas 12 – William, Boston Herald ~6/24/12, Boston Herald, "Obama asserts presidential powers he once spoke out against," http://www.bostonherald.com/news/-http://www.bostonherald.com/news/ us_politics/view/20120624obama_asserts_presidential_powers_he_once_spoke_out_against/~ President Barack Obama is starting to channel his inner Cheney. For years, Obama AND "The Cult of the Presidency: America’s Dangerous Devotion to Executive Power."
Changing detention policy diminishes presidential power
Stimson 11 – Charles, Senior Legal Fellow in the Center for Legal 26 Judicial Studies at The Heritage Foundation ~COMMON-SENSE PRINCIPLES FOR DETAINEE POLICY, States News Service, October 17, 2011joe) Congress will soon debate proposed detainee legislation. Both the House and Senate have several AND policy and should work to eliminate those provisions that are unnecessary and disruptive.
Plan spills over to all Congressional decision-making
Paul 8—Christopher, RAND Graduate School ~"US Presidential War Powers: Legacy Chains in Military Intervention Decisionmaking"~rmm Finegold 26 Skocpol (1995: 222) describe policy legacies: Past and present AND law (see the extended ex ample presented later in the article).1
Effective executive response is key to prevent global crises —- specifically: Iranian nuclearization, North African terrorism, Russian aggression, and Senkaku conflict
Ghitis 13 (Frida, world affairs columnist for The Miami Herald and World Politics Review. A former CNN producer and correspondent, she is the author of The End of Revolution: A Changing World in the Age of Live Television. "World to Obama: You can’t ignore us," 1/22, http://www.cnn.com/2013/01/22/opinion/ghitis-obama-world) And while Obama plans to dedicate his efforts to the domestic agenda, a number AND with the best laid, most well-intentioned plans of American presidents. Solvency
Their author concedes the President can use the Quirin decision to circumvent
Erickson-Muschko 13 – Sarah, JD, Georgetown University Law Center ~Beyond Individual Status: The Clear Statement Rule and the Scope of the AUMF Detention Authority in the United States" 101 Geo. L.J. 1399, Lexis~cs In Ex parte Quirin, the Supreme Court construed an ambiguous statute broadly to authorize AND there are compelling arguments to read the decision as limited to its facts.
Aff must overturn Hamdi to give the Suspension Clause any weight
Tyler 11 – Amanda L., Berkeley Law Scholarship Repository – Faculty Scholarship ~1/1, The Forgotten Core Meaning of the Suspension Clause~cs The Supreme Court’s holding in Hamdi v. Rumsfeld,19 a case arising out AND has emphasized the significance of original meaning in other Suspension Clause decisions.25
Vague nature of the Suspension clause means the aff sparks debate and gets bogged down in legal interpretation – Any misinterpretation kills aff solvency
Tyler 11 – Amanda L., Berkeley Law Scholarship Repository – Faculty Scholarship ~1/1, The Forgotten Core Meaning of the Suspension Clause~cs The Suspension Clause remains a puzzle. Just what the Founding generation had in mind AND must inform any attempt to make sense of the Suspension Clause today.10 Abstention
No SCS conflict
Gupta 11 – Rukmani, Associate Fellow @ the Institute for Defense Studies and Analyses ~10/23/11, "South China Sea Conflict? No Way", the-diplomat.com/2011/10/23/south-china-sea-conflict-no-way/~job Despite what opinion pieces in the Global Times may say, there’s reason to suspect AND seen as attempts to exaggerate claims so as to secure a better negotiating stance
No US/Russia escalation – disagreements remain limited
Launch on warning is an alt cause to accidental launch
No war with China
Friedberg 5 – Professor of Politics and International Affairs at Princeton, Deputy Asst for National Security Affairs and Director of Policy Planning in the Office of the Vice Pres ~Fall 2005, International Security, Vol. 30, No. 2, p.7-45~job Fortunately, a number of the factors to which the optimists point seem likely to AND were not accompanied immediately by more profound and far-reaching domestic political reforms
Plan erodes the jus in bello framework critical to LOAC in general—the distinction between lawful and unlawful combatants is key
Casey et al 5—Lee, Partner, Baker 26 Hostetler LLP; David Rivkin, David, partner in the Washington office of Baker Hostetler LLP, He is also a Visiting Fellow at the Nixon Center and a Contributing Editor of the National Review magazine ~2/15, http://www.fed-soc.org/publications/detail/unlawful-belligerency-and-its-implications-under-international-law~~ab At the dawn of the 21st century, the civilized world is once again seriously AND to maximum extent possible, the destruction and horror of war ~66~.
Strong LOAC key to regulating future tech—nanotech CBWs coming now—no generic impact D
Jenson 14—Eric, teaches and writes in the areas of Public International Law AND
and legal advisor in Bosnia in support of Operation Joint Endeavor/Guard ~Eric, "The Future of the Law of Armed Conflict: Ostriches, Butterflies, and Nanobots", SAGE~ab Future technologies, such as the virology discussed in the scenario at the beginning of AND a weapon system will stress the LOAC as future technologies continue to develop.
Nanotech CBWs are easy to construct and create uncontrollable damage—risks extinction and outweighs nuke war
Jenson 14—Eric, teaches and writes in the areas of Public International Law AND
and legal advisor in Bosnia in support of Operation Joint Endeavor/Guard ~Eric, "The Future of the Law of Armed Conflict: Ostriches, Butterflies, and Nanobots", SAGE~ab Biological agents have rarely248 appeared in armed conflict since the early 20th century.249 AND weapons will remain a possible (and likely) weapon in armed conflict.
Afghanistan
No extinction from nuclear war—Robock and Toon assume every city burns just like Hiroshima—nuclear winter is disproven
LFTR 10 (Lifeboat Foundation Technology Research Think Tank, "dedicated to encouraging scientific advancements while helping humanity survive existential risks" Brian Wang MBA, "Nuclear Winter and Fire and Reducing Fire Risks to Cities" http://nextbigfuture.com/2010/04/nuclear-winter-and-fire-and-reducing.html 4/17/10)
I looked at nuclear winter and city firestorms a few months ago I will summarize AND released in an emergency to more effectively fight any large area of fire.
Plan irrelevant—Karzai just released Bagram detainees—means no modeling or US not key
Giorgio et al 10 – Institute?for? Globalization?and?Society ~"Nuclear Deterrence in South Asia: An Assessment of Deterrence and Stability in the Indian – Pakistan Conflict," Global Studies, Autumn, http://dspace.ruc.dk/bitstream/1800/6041/1/Project20GS-BA2c20Autumn202010.pdf~~gw To what extent has nuclear deterrence enhanced stability in the India-Pakistan conflict? AND deterrence has thus been successful in creating stability on a higher structural level.
US legal modeling fails – can’t shape norms
Law and Versteeg 12 – David S. Law, Professor of Law and Professor of Political Science, Washington University in St. Louis. B.A., M.A., Ph.D., Stanford University; J.D., Harvard Law School; B.C.L. in European and Comparative Law, University of Oxford, Mila Versteeg, Associate Professor, University of Virginia School of Law. B.A., LL.M., Tilburg University; LL.M., Harvard Law School; D.Phil., University of Oxford ~"The Declining Influence of the United States Constitution," New York University Law Review, Vol. 87, No. 3, pp. 762-858, June 2012, online~gw The appeal of American constitutionalism as a model for other countries appears to be waning AND follow its lead. But the world would¶ surely pay close attention.
Regional cooperation deescalates conflict
Innocent 9 – Malou, Forein Policy and CATO Institute ~http://www.cato.org/pubs/wtpapers/escaping-graveyard-empires-strategy-exit-afghanistan.pdf-http://www.cato.org/pubs/wtpapers/escaping-graveyard-empires-strategy-exit-afghanistan.pdf~~cs Additionally, regional stakeholders, especially Russia and Iran, have an interest in a AND The interests of NATO and the CSTO countries regarding Afghanistan conform unequivocally."83 Mutual interests between Western forces and Afghanistan’s surrounding neighbors can converge on issues of transnational terrorism, the Caspian and Central Asia region’s abundant energy resources, cross-border organized crime, and weapons smuggling. Enhanced cooperation alone will not stabilize Afghanistan, but engaging stakeholders may lead to tighter regional security.
Can’t solve Afghan judiciary—human capacity is prerequisite and doesn’t exist
a. Afghan stability causes Central Asian democracy—it’s a key model.
Bergen 7 – Peter, Senior Fellow at the New America Foundation and adjunct professor at the School of Advanced International Studies at Johns Hopkins ~February 15, Testimony before the House Committee on Foreign Affairs, (http://foreignaffairs.house.gov/110/ber021507.htm)~~ It is also time for the United States to institute a long-term mini AND and the Central Asian republics, none of which are truly democratic states.
b. Central Asian democracy causes Uighur secessionism, which will destroy China’s economy.
Weak economy is the only incentive for aggressive foreign policy and great power involvement.
Chuang 1 – Major Liow Boon, Singapore Armed Forces, Pointer ~January – March, The Journal of Singapore’s Armed Forces), "A Weak or Strong China: Which Is Better for the Asia-Pacific Region?" Volume 27, Number 1, http://www.mindef.gov.sg/safti/pointer/back/journals/2001/Vol27_1/7.htm~~ ’In the past, a weak China, beset by social disorder, inflation and AND Xinjiang Province and the banned Falungong cult under control are some urgent tasks.
c. That tanks the global economy.
Hoge 4 – James, Editor of Foreign Affairs ~July/August, from a speech given to Johns Hopkins University, "A Global Power Shift in the Making," Foreign Affairs.~ Nevertheless, China’s own extraordinary economic rise is likely to continue for several decades — AND of economic malaise. But that trend might not continue if China crashes.
Economic growth checks extinction
Auslin 26 Lachman 9 – Michael, resident scholar 26 Desmond, resident fellow at AEI ~March 6, "The Global Economy Unravels," http://aei.org/publications/pubID.29502,filter.all/pub_detail.asp~ What do these trends mean in the short and medium term? The Great Depression AND may be a series of small explosions that coalesce into a big bang.
Ethnic divides, military problems and elections are all MAJOR alt causes to Afghan stability
"USFG" followed by "should" means the debate is about the desirability of enacting a government policy
Ericson 3 – Jon, Dean of the College of Liberal Arts – California Polytechnic U ~The Debater’s Guide, Third Edition, p. 4~cn In policy propositions, each topic contains certain key elements, although they have slightly AND compelling reasons for an audience to perform the future action that you propose.
B) VIOLATION
The affirmative does not defend the USFG literally and immediately enacting such a policy. Instead, they ask you to endorse their strategy of
C) PREFER OUR INTERPRETATION
Vote Negative:
1) Predictable Limits – they justify shifting the topic of debate to an infinite number of other questions, which rigs the game for the aff because we can’t adequately research and prepare against them.
And, the topic must be presupposed for meaningful debate to occur
Ehninger 70 – Douglas, Professor of Speech at U-Iowa ~Jun, Speech Monographs, p. 108~cn If two friends differ on whether they will gain greater satisfaction from dining at Restaurant AND need to assume and agree upon as a necessary condition of argumentative interchange.
2) Solvency turn—whether debate is about policy, activism, or identity, plans are necessary for practical reasons—absent their theoretical justification of their framework, they don’t solve
Gotta have a plan—failure to have a concrete option we can debate against guarantees that oppression continues and efforts for change backfire
What follows is not an attempt to discredit our efforts. It was a powerful AND others will be prepared to build up the state or a new state.
3) it undermines clash—it’s impossible to engage their ideas if we don’t know what they are—that clash is critical to develop strategies and test ideas which eventually result in social change
Branham 1995 (Robert, Professor of Rhetoric at Bates College, Argumentation and Advocacy, Winter)
In the years following his release from prison, Malcolm X honed his speaking skills AND his own, which shone most brightly in the light generated by confrontation.
4) Reciprocal Ground – other frameworks are self-serving, because they divide ground on some non-resolutional basis – this hamstrings the neg since the aff could always just defend some one-sided issue like "Racism is bad."
And, it’s easy to point out problems – the real ground for debate is over the implementation of imperfect policy solutions
Rosenthal 9 – Alan, professor of public policy and political science at Rutgers University ~Jul, http://www.ncsl.org/documents/public/trust/LessonPlans_HS.pdf~~cn The environment is a rough one, but a most important obstacle democracy faces is AND many of the states attests to the division in the ranks of Americans.
5) Topic Education – our interpretation best facilitates IN-DEPTH discussions about the important, timely policy questions raised by the resolution – topic education outweighs because we have the same stale critical theory debates every year; the topic is the only thing that changes.
And, in-depth learning about government policymaking is key to creating public intellectuals who can check dangerous elites and solve societal problems
McClean 1 – David, Ph.D., Lecturer in Philosophy, Molloy College, New York and Rutgers University ~"The Cultural Left and the Limits of Social Hope," www.american-philosophy.org/archives/past_conference_programs/pc2001/Discussion20papers/david_mcclean.htm-http://www.american-philosophy.org/archives/past_conference_programs/pc2001/Discussion papers/david_mcclean.htm~cn Yet for some reason, at least partially explicated in Richard Rorty’s Achieving Our Country AND critics with their snobish disrespect for the so-called "managerial class."
D) THIS IS A VOTING ISSUE – our standards prove in-round and pre-round abuse, and your ballot helps create community norms that promote fair and educational debate
6. Independently—if they shift explanation vote them down, with or without framework we can’t debate when the role of the plan shifts. They had 9 minutes to explain this stuff, if it wasn’t clear by then don’t help them out.
K
The 1AC is a paradigmatic example of humanist cultural criticism – this perpetuates speciesism and dooms them to failure
Deckha 6 – Maneesha, UC Hastings College of the Law http://www.animallaw.info/articles/arus17hstwlj1.htm Cultural critics have painstakingly demonstrated the social constructedness of sexual, gender, and racial AND on the continued merit of a property status of non-human animals.
This strategy is not innocent – rather, it reflects a specific form of affected ignorance, which is culpable in sustaining and promoting speciesism
Williams 8 – Nancy, Philosopher at Wofford College ~"Affected Ignorance and Animal Suffering" Journal of Agricultural and Environmental Ethics (2008) 21:371-384~ Affected ignorance, the phenomenon of people choosing not to investigate whether some practice in AND of knowledge, that which propels individuals to refrain from further moral inquiry.
Speciesism makes possible "systematic beastilization," which justifies non-criminal putting to death of the Other – this is the root cause of all oppression
Rossini 6 – Manuela, Postdoctoral Fellow at Amsterdam School for Cultural Analysis ~Sept, "To the Dogs: Companion speciesism and the new feminist materialism," Kritikos, Volume 3, http://intertheory.org/Rossini~~cn What is equally sobering, however, is the fact that the most radical metaposthumanists AND means limited to its overwhelmingly direct and disproportionate effects on animals.~26~
The alternative is to vote negative to reject speciesism by critically reorienting ourselves against the 1AC. Our creation of a space for reflection is a key step in ending non-human oppression.
Williams 8 – Nancy, Philosopher at Wofford College ~"Affected Ignorance and Animal Suffering" Journal of Agricultural and Environmental Ethics (2008) 21:371-384~ Epistemological and moral tensions such as these, however, can be the impetus for AND be fully informed about modern factory farming practices (and subsequent animal suffering).
You have a moral obligation to vote negative to affirm a moral universe where nonhumans are treated with dignity and respect
Katz 96 – Eric, professor of philosophy and director of the Science, Technology, and Society Program at the New Jersey Institute of Technology; one of the founders of environmental ethics ~Nature as Subject, pp. 9-10~cn This analysis of certain problems in an indirect utilitarian argument for the preservation of objects AND who wish to avoid the easy, self-defeating trap of utilitarianism.
Case
Small gestures enable the smooth functioning of racism. Guilt is alleviated and the psychological need for structural change does not occur.
Gillborn 09, (Professor of Critical Race Studies in Education @ the Institute of Education, Univ. of London. David, "Whatever happened to institutional racism? How the ’White working class’ were made into the new race victims," Transcript from the National Arts Learning Network Annual Conference, Mark Crawley (Chair). ~PDF Online @~ www.naln.ac.uk/download.cfm?docid=3F7A4B83-8FBD-4E6E-89F8585CF5231A7F) Accessed 04.08.10 jfs
So CRT comes out of a very different kind of social rights activist tradition, AND but only in so far as it meets the interests of powerful whites. Now, that sounds counter-intuitive, so one of the clearest examples of AND was that we moved to a situation where official racial segregation was outlawed. Now, the obvious signs of segregation have gone, we don’t see separate toilets AND of the leading critical race theorists, they described the process like this: "…after the celebration dies down the great victory is quietly cut back by narrow interpretation, administrative obstruction or delay, in the end the minority group is left little better than it was before, if not worse. Its friends, the liberals, believing the problem has been solved, go on to something else, while its adversaries, the conservatives, furious that the Supreme Court has given way, once again, to undeserving minorities, step up their resistance." Now, according to Delgado this situation comes to operate in a way that ensures AND just, see what we just did for minorities, or the poor.
Material reality is more important than the critique. Given that we have no real intention of implementing the affirmative beyond the empty gesture of the ballot, the criticism turns itself by giving us false distance from the existing order—placing us more firmly within it.
Developing this idea in specifically Marxist terms, Žižek emphasizes the point that commodity fetishism AND certainty of its suggestion of direct action in pursuit of clearly understood interests.
The empirical evidence proves that racism is down – unconscious racism isn’t up either—It isn’t eliminated, but proves there’s no bastion of anti-immigrant violence
Blanton 8 – Hart, Professor of Psychology at Texas A26M, with James Jaccard ~"Unconscious Racism: A concept in Pursuit of a Measure," http://people.tamu.edu/~~bortfeld/Blanton26Jaccard_ACR2008.pdf~~cn There are indications that the landscape of racism in the United States is changing. AND expanded to include ethnocentrism, sexism, and most other forms of intolerance.
Metaphorical readings of the "borderlands" displace the cultural reality of the site in favor a particular vision that silences the Mexican perspective
In contemporary cultural theory, the metaphor of the Borderlands has become a repository in AND the end of the century, when borders are continually crossed and recrossed. In focusing on geographic borderlands, more specifically, the borderlands between Mexico and the AND culture in general, and of the US/Mexico border in particular.
They idealize a certain interpretation of poetry – that investment of meaning distracts from its cultural value and kills solvency
Jackson ’08 (Virginia, UCI Chair in Rhetoric and Communication, English, School of Humanities @ UC-Irvine, "Who Reads Poetry?" PMLA, Volume 123, Number 1, pg. 182-183)
The history of the idealization of poetry has included many fascinating chapters, but we AND our academic discipline, culture, or minds if people aren’t reading it.
Exclusive focus on psychological effects destroys politics and critical analysis
Sharpe, lecturer, philosophy and psychoanalytic studies, and Goucher, senior lecturer, literary and psychoanalytic studies – Deakin University, ’10 (Matthew and Geoff, Žižek and Politics: An Introduction, p. 231 – 233) ¶ We realise that this argument, which we propose as a new ’quilting’ AND today pointedly reject Theory’s legitimacy, neither reading it nor taking it seriously.
Turn—Anzaldua perpetuates a new logic of exclusion and elitism through her concept of evolution as an identity-through-torment process
Capetillo-Ponce 6 ~Jorge, UMass Boston; Summer 06; pg 93; http://www.okcir.com/Articles20IV20Special/JorgeCapetillo-FM.pdf~~ It seems I am not alone in having thought of Nietzsche when reading passages such AND borderlands to arrive at a full understanding of Gloria’s unique theory and method.
Borderlands can’t be applied to a broader political context – Individual changes can’t account for the societal struggles
Talking from our own social location precludes us from understanding those in a different social location
Fowlkes 97 ~Diane L., Hypatia, Vol. 12, No. 2, Spring, 1997, pg 110; http://www.jstor.org/stable/3810472~~ I must first address a problematic aspect of my reading of Anzalduia’s complex identity AND socially constructed and opposition-ally self-identified as different from me.
====Viewing the border as metaphor for a hybrid communal zone displaces the borderlands reality through discourse that ignores the Mexican perspective and creates a conception of Mexico as a zone of poverty, lawlessness, and corruption. ====
While the vision of the border as a metaphor for a hybrid, communal zone may be appealing, it has further advanced the displacement and "invisibilation" of the borderlands reality, and particularly, of northern Mexico.
As noted at the outset, and corroborated throughout the present discussion, much AND then, is the in-depth study of northern Mexican border perspective.
The Borderlands has been appropriated into contemporary cultural that makes large generalization leaving the impression region of the borders of Mexico and the US are homogenous
This reconfiguration of the border region into the Borderlands is a projection through which various AND encapsulate the border experience into a category of hybrid and largely Chicano acts.
The borderlands criticism creates a discursive practice similair to "Orientalism" in the way it displaces the geographic differences of the area into one vast imagined territory.
Cultural criticism on the Borderlands has created a discursive practice which arises from the meeting AND the twentieth century to note recent formulations of the border as the Borderlands.
TURN-Blurring the lines of identity can give a false sense of tolerance to violence caused by globalization and therefore create a corporate multiculturalism.
Hames-Garcia, ’00 (Michael, Department Head and Associate Professor of Ethnic Studies Education, "How to Tell a Mestizo from an Enchirito: Colonialism and National Culture in the Borderlands," Diacritics, Volume: 30(4), p. 110-111. DAP) At times, Anzaldúa is clearly in line with theorists like the Cuban linguist and AND objections that some have raised to the ways Borderlands figures the new mestiza epistemology
The adoption of the mestiza identity erases all cultural traditions and history where it becomes one disembodied metaphor anyone can claim.
Donadey, ’7 (Anne, Department of European Studies and Women’s Studies at San Diego State University, "Overlapping and Interlocking Frames for Humanities Literature Studies: Assia Djebar, Tsitsi Dangarembga, Gloria Anzaldua," College Literature, Fall, Volume: 34(4), p. 23. DAP)
In an important essay on the centrality of Anzaldúa’s work, Yvonne Yarbro-Bejarano AND an important insight of Anzaldúa’s, rather than an appropriation of her work.
1/4/14
1NC vs West Georgia KV
Tournament: West Georgia | Round: 2 | Opponent: West Georgia KV | Judge: Steiner
1
Presidential authority over immigrant detention is not a war power
Johnson et al. 9 – Kevin R. Johnson, Dean and Mabie- AND Haynes, Professor of Law, Brandeis School of Law, University of Louisville ~"Understanding Immigration Law," Chapter 3: The Federal Immigration Powers, p. 96 – 98~ Justice Daniel, dissenting in the Passenger Cases,38 conceded that the War Power AND of a nation’s admissions and deportations will truly implicate war or foreign relations.
Vote neg
Limits – Including non-war powers detention doubles the size of the topic and makes our research burden unmanageable
Ground – We lose access to the immigration politics scenarios
Independently, they’re extra T because there are some immigrants detained for non-war reasons. This de-justifies the resolution, explodes limits, and kills neg ground as the aff can do ANY plan and claim it restricts presidential authority.
2
Iran sanctions won’t pass now – continued pressure from Obama is key – any sanctions tank a deal with Iran
The plan causes an inter-branch fight that derails Obama’s agenda
Kriner 10 – Douglas L., 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~cs Raising or Lowering Political Costs by Affecting Presidential Political Capital Shaping both real and anticipated AND insufficient to its costs than if Congress stood behind him in the international arena
Failure to get a deal ensures a nuclear Iran
Cohen 11/13 – Michael, fellow of the Century Foundation, author of Live from the Campaign Trail: The Greatest Presidential Campaign Speeches of the 20th Century and How They Shaped Modern America. ~http://www.theguardian.com/commentisfree/2013/nov/13/us-israel-relationship-strained-iran-nuclear-talks~~gw This is a dangerous game that if successful would not only create a fundamental breach AND to work in delaying Iran’s nuclear ambitions and would even further isolate Israel.
A nuclear Iran causes nuclear war
Kroenig 12 – Matthew Kroenig is Assistant Professor of Government at Georgetown University and a Stanton Nuclear Fellow at the Council on Foreign Relations ~February 22nd, 2012, "What Will Iran Do If It Gets a Nuclear Bomb?" www.theatlantic.com/international/archive/2012/02/what-will-iran-do-if-it-gets-a-nuclear-bomb/253430/-http://www.theatlantic.com/international/archive/2012/02/what-will-iran-do-if-it-gets-a-nuclear-bomb/253430/ A nuclear-armed Iran would pose a grave threat to international peace and security AND state and has nuclear weapons, which could be decades or even longer.
3
Judicial deference is high now
Bazzle 12 – J.D., Georgetown University Law Center ~Timothy, "SHUTTING THE COURTHOUSE DOORS:¶ INVOKING THE STATE SECRETS PRIVILEGE TO THWART¶ JUDICIAL REVIEW IN THE AGE OF TERROR", Civil Rights Law Journal, Vol. 23, No. 1, 2012~gw The war on terror has led to an increased use of the state secrets privilege AND allege a credible claim of government wrongdoing retain¶ their due process rights.
Decision-making about how to prosecute war lies with the President
Sekulow 4 – American Center for Law and Justice Chief Counsel ~Jay Allen, Amicus Brief for Rumsfeld v. Padilla, 3-17, http://www.wiggin.com/db30/cgi-bin/pubs/American20Center20for20Law2020Justice.pdf~~gw No judicially discoverable and manageable standards exist for resolving the questions raised by the detention AND a heretofore unknown situation and to develop effective policies to restore peace.17
Deference is key to military flexibility and war fighting capabilities
Hudson 99 – Major in the US Army, Walter ~March, Racial Extremism in the Army, Military Law Review (159 Mil. L. Rev. 1~gw interests that the adjudicative process is best suited to protect–namely, constitutional protections AND at the gravest danger posed by racial extremists–the violent hate crime.
Lack of U.S. primacy ensures systemic and catastrophic nuclear wars
White 8 – Hugh, Professor of Strategic Studies at Australian National University ~’Why War in Asia Remains Thinkable’, Survival, 50:6, 85-104~cn Finally, the fourth model is the balance-of-power system that shaped AND way, an order is emerging in which major war is more likely.
Presidential weakness emboldens adversaries – that triggers multiple scenarios for conflict
South China Morning Post 2k ~"Position of Weakness" 12-11-00, p. L/N~ A weak president with an unclear mandate is bad news for the rest of the AND the world needs the United States to use its power deftly and decisively.
Conflict over Taiwan causes nuclear war
Glaser 11 – Charles, George Washington University Political Science Professor ~"Will China’s Rise Lead to War? ", Foreign Affairs, Mar/April 2011, Vol. 90, Issue 2, EBSCO~gw THE PROSPECTS for avoiding intense military competition and war may be good, but growth AND military efforts and a general poisoning of U.S.-Chinese relations.
4
The affirmative’s appeal for "human rights" is fundamentally exclusive – it perpetuates and legitimizes speciesism
Tittle 98 – Peg, author; former Professor of Philosophy ~"The Humanist View of Animal Rights," http://tittle.humanists.net/humview.htm~~cn First, if humanism ’just’ emphasized human-as-opposed-to-god AND on instrumental grounds. It seems then that humanism must condone sport hunting.
Specifically, their cards talk about "human rights", an "inhumane immigration system", "humanity", "inhuman", and ableism’s eugenics in the context of breeding a human race.
Speciesism makes possible "systematic beastilization," which justifies non-criminal putting to death of the Other – this is the root cause of all oppression
Rossini 6 – Manuela, Postdoctoral Fellow at Amsterdam School for Cultural Analysis ~Sept, "To the Dogs: Companion speciesism and the new feminist materialism," Kritikos, Volume 3, http://intertheory.org/Rossini~~cn What is equally sobering, however, is the fact that the most radical metaposthumanists AND means limited to its overwhelmingly direct and disproportionate effects on animals.~26~
The alternative is to vote negative to reject speciesism by critically reorienting ourselves against the 1AC. Our creation of a space for reflection is a key step in ending non-human oppression.
Williams 8 – Nancy, Philosopher at Wofford College ~"Affected Ignorance and Animal Suffering" Journal of Agricultural and Environmental Ethics (2008) 21:371-384~ Epistemological and moral tensions such as these, however, can be the impetus for AND be fully informed about modern factory farming practices (and subsequent animal suffering).
5
Text: The United States Congress should establish an Article III National Security Court with exclusive jurisdiction over the United States’ indefinite detention policy specifically those detained under Title 8 Code of Federal Regulations §241.14. Congress should mandate all individuals be expediently tried or released.
CP solves immigrant detention policies
Faisal 12—Farha Aziz, Harvard School of Government ~http://www.gov.harvard.edu/files/IR20thesis202.pdf~~ab Overall, this thesis provides insight into how the structure of political institutions interacts with AND provide meaningful input in creating systems sensitive to and protective of due process.
Otherization
Non-disabled won’t surrender power
Donoghue 3 – Christopher, Fordham University ~Challenging the authority of the medical definition of disability: an analysis of the resistance to the social constructionist paradigm, Disability 26 Society 18.2~ In an effort to debunk the entrenched authority of the medical model, a social AND legitimated by the non-disabled majority because they best serve their interests.
Aff cannot overcome attitudes and impairments that contribute to societal inaccessibility
Burleson 11 – Elizabeth, Professor at Pace University School of Law ~"Perspective on Economic Critiques of Disability Law: The Multifaceted Federal Role in Balancing Equity and Efficiency"~ A. Administrative and Judicial Enforcement It is important to ensure not only a strong AND cultural weight of disability, and the longterm impact of societal inaccessibility.105
They dichotomize the able and disabled—turns the K
Bickenbacha et al. 99 – WHO, Division of Mental Health and Prevention of Substance Abuse, Assessment and Classification Unit ~Jerome Models of disablement, universalism and the international classification of impairments, disabilities and handicaps Social Science 26 Medicine 48.9 Science Direct~ Zola noticed that, quite unintentionally, the minority group approach tended to reinforce salient AND this is precisely what Zola doubted could be done in any nonarbitrary manner.
Capitalism solves ableism
CAC 12 – Center for Advanced Capitalism ~February 4, "Frequently Asked Questions about Capitalism" http://www.capitalismcenter.org/Philosophy/FAQ/~~236~~ The first question in evaluating any social system cannot be: What happens to those AND who cannot support themselves respect the rights and freedom of those who do.
The aff reifies the abled/disabled dichotomy and oppresses disadvantaged people who don’t meet the "test"
Humphrey 2k – Jill C., Faculty of applied social science @ the Open University ~Researching disability politics, or, some problems with the social model in practice, Disability 26 Society 15.1~ ABSTRACT This article arises from a research project involving the disabled members’ group in UNISON AND of excellence when operating under the provisos placed upon them by political campaigners.
Comparing and weighing consequences is the most ethical option
Isaac 2 – Jeffrey, Professor of Political Science at Indiana University ~Spring, Dissent, vol. 49, no. 2~cn Power is not a dirty word or an unfortunate feature of the world. It AND not true believers. It promotes arrogance. And it undermines political effectiveness.
Securitization
Attempts to break down threat can create global fear – this makes worse violence inevitable as society seeks to reestablish threats
Reinhard 5 – Kenneth, Associate Professor of English and Comparative Literature at UCLA ~The neighbor, GoogleBooks, p. 15-17~cn One problem with this account of the political, where we divide the world into AND declare war on him is to attempt to resuscitate the enemy’s failing animus.
Security is a self-denying prophecy – the aff ensures aggression and war
Jervis 76 – Robert, professor of political science at Columbia University ~Perception and Misperception in International Politics, p. 84~cn Spiral and deterrence theories thus contradict each other at every point. They seem to AND also because they thought the United States would allow them to attain parity.
The pursuit of security is a precondition for value to life – abandoning it just leads to oppression
Elshtain 3 – Jean Bethke, Prof. Social and Pol. Ethics – U. Chicago ~"Just War Against Terror: The Burden of American Power in a Violent World", p. 46-48~cn IN THE IMMEDIATE AFTERMATH of September 11, I said to a friend, " AND This is Hobbes’s famous, or infamous, war of all against all.
Realism and security are inevitable – the aff triggers great power wars
Mearsheimer 1 – John J., Prof. of Political Science at U Chicago ~The Tragedy of Great Power Politics, pp. 1-28~cn Alas, the claim that security competition and war between the great powers have been AND world as it is, not as we would like it to be.
Realism is inevitable:
Policymakers THINK it is
Guzzini 98 – Stefano, Prof. of Political Science, International Relations, 26 European Studies at Central European U ~Realism in International Relations and International Political Economy~cn Third, this last chapter has argued that although the evolution of realism has been AND , it might be the best way to tacitly and uncritically reproduce it.
Any non-realist would be voted out of office
Kavka 87 – Gregory, Professor at UC-Irvine ~Moral Paradoxes of Nuclear Deterrence, p. 86-87~cn 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.
Human nature
Morgenthau 98 – Hans, Professor of Political Science at the University of Chicago ~Winter, Naval War College Review 51.1, p. 16, ebsco~cn This is another example of the belief that the difficulties which confront us, the AND an evil that they were just in the process of getting rid of.
Expert predictions are empirically very accurate – rejecting predictions is itself a prediction, and it ensures elite manipulation
Fitzsimmons 7 – Michael, defense analyst ~Winter, "The problem of uncertainty in strategic planning," Survival, 48:4, 131 - 146~cn Finally, the planning for post-war operations in Iraq offers another perspective on AND in this instance became a rationale for rigidity in planning rather than flexibility.
Securing world order is possible and not counter-productive
Lieber 26 Alexander 5 – Keir, Professor of Political Science at Notre Dame; Gerard, Professor of Politics at U-Virginia ~"Waiting for Balancing: Why the World is not Pushing Back," International Security 30.1, projectmuse~cn The major powers are not balancing against the United States because of the nature of AND nonetheless shared with their allies the goal of containing the Soviet Union.61
Security is not the root cause of war
Okogba 9 – Efemena, Birmingham U (U.K.) ~Apr 9, "Is the Security Dilemma a Cause of War?" International Security, Online~ The Security dilemma is operational because of the distrust that states have for each other AND as the essay has shown, there are a variety of different factors.
Securitization is inevitable – attempts to abandon it just make us more likely to go to war because we’re taken off guard
Doran 99 – Charles, Professor of International Relations at Johns Hopkins’ School of Advanced International Studies ~"Is Major War Obsolete? An Exchange" Survival, vol. 41, no. 2, pp. 139-52~cn 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.
Solvency
A judicial opinion without a written opinion makes the decision non-binding
John Eastman 2006 Eastman, Prof. Law @ Chapman and Director Claremont Con. Law Center., 06 (Phd, JD, John, Summer, 54 Drake L. Rev. 831) Freed of Coke’s understandable concern with self-preservation, we have the luxury of AND on the strength of the arguments marshaled in support of the judicial decree.
The courts can’t solve – empirically, Congress and the executive will ignore or circumvent the court
Akram 13 – Susan M. Akram, a School of Law clinical professor of law and former executive director of Boston’s Political Asylum/Immigration Representation Project ~5/28, http://www.bu.edu/today/2013/gitmo-the-legal-mess-behind-the-ethical-mess/~~gw How could the detention center be legal at all if Congress has blocked funding for AND have the legal status of the detainees determined by a "competent tribunal."
CP ends a long precedent of judicial non-interference in foreign affairs – destroys SOP
Clark 96 – Bradford R., Associate Professor of Law at George Washington University Law School ~April, "Federal Common Law: A Structural Reinterpretation," University of Pennsylvania Law Review, LN~bg The Court’s approach has merit. The Constitution vests exclusive authority over foreign affairs in AND formulation" appears necessary to preserve the political branches’ power over foreign relations.
Reject violations of SOP because they violate individual autonomy – ensures nuclear war
Redish 91 – Martin, Professor of Law and Public Policy at Northwestern ~41 Duke L.J. 449~cn In any event, the political history of which the Framers were aware tends to AND be forced into the position of saying, "I told you so." The plan rules sua sponte – takes out their solvency (and links to politics) Milani 2 – Adam, PROFESSOR, MERCER UNIVERSITY SCHOOL OF LAW; J.D., DUKE ~"PLAYING GOD: A CRITICAL LOOK AT SUA SPONTE DECISIONS BY APPELLATE COURTS," Tennessee Law Review, Vol. 69~cn The rule that points not argued will not be considered is more than just a AND themselves, not the decision maker, determine what issues will be adjudicated.
The Court can’t rule without a test case
Krimbel 89 – Rosemary, JD at Chicago-Kent College of Law ~65 Chi.-Kent L. Rev. 919, lexis~cn Indeed, the Court hears only a small proportion of the thousands of cases that AND assures that an activist Court may not reach out and decide just any issue
of its choice. In other words, even an activist Court must bide its AND doctrines comport with the Court’s duty to avoid constitutional questions unless necessary. 162
1/18/14
1NC vs West Georgia ZM
Tournament: West Georgia | Round: 5 | Opponent: West Georgia ZM | Judge: Marianetti
T
A) INTERPRETATION
"USFG" followed by "should" means the debate is about the desirability of enacting a government policy
Ericson 3 – Jon, Dean of the College of Liberal Arts – California Polytechnic U ~The Debater’s Guide, Third Edition, p. 4~cn In policy propositions, each topic contains certain key elements, although they have slightly AND compelling reasons for an audience to perform the future action that you propose.
"Resolved" means a yes/no question about policy adoption – the debate context is key
Parcher 1 – Jeff, J.D., Director for Communications at the Center for Community Change ~Feb 26, "Is the Resolution a Question?" Online~ (1) Pardon me if I turn to a source besides Bill. American AND or ’no’ - which. of course. are answers to a question.
THUS, given a policy resolution, the role of the ballot is to answer a single yes/no question: Would the USFG implementing a ~substantial increase judicial and/or legislative restrictions on presidential war powers authority~ be more desirable than the status quo or a competitive alternative?
B) VIOLATION
The affirmative does not defend the USFG literally and immediately enacting such a policy. Instead, they ask you to ~resolve some other question with the ballot~.
C) PREFER OUR INTERPRETATION
1) Predictable Limits – they justify shifting the topic of debate to an infinite number of other questions, which rigs the game for the aff because we can’t adequately research and prepare against them.
And, the topic must be presupposed for meaningful debate to occur
Ehninger 70 – Douglas, Professor of Speech at U-Iowa ~Jun, Speech Monographs, p. 108~cn If two friends differ on whether they will gain greater satisfaction from dining at Restaurant AND need to assume and agree upon as a necessary condition of argumentative interchange.
2) Reciprocal Ground – other frameworks are self-serving, because they divide ground on some non-resolutional basis – this hamstrings the neg since the aff could always just defend some one-sided issue like "Racism is bad."
And, it’s easy to point out problems – the real ground for debate is over the implementation of imperfect policy solutions
Rosenthal 9 – Alan, professor of public policy and political science at Rutgers University ~Jul, http://www.ncsl.org/documents/public/trust/LessonPlans_HS.pdf~~cn The environment is a rough one, but a most important obstacle democracy faces is AND many of the states attests to the division in the ranks of Americans.
3) Topic Education – our interpretation best facilitates IN-DEPTH discussions about the important, timely policy questions raised by the resolution – topic education outweighs because we have the same stale critical theory debates every year; the topic is the only thing that changes.
And, in-depth learning about government policymaking is key to creating public intellectuals who can check dangerous elites and solve societal problems
McClean 1 – David, Ph.D., Lecturer in Philosophy, Molloy College, New York and Rutgers University ~"The Cultural Left and the Limits of Social Hope," www.american-philosophy.org/archives/past_conference_programs/pc2001/Discussion20papers/david_mcclean.htm-http://www.american-philosophy.org/archives/past_conference_programs/pc2001/Discussion papers/david_mcclean.htm~cn Yet for some reason, at least partially explicated in Richard Rorty’s Achieving Our Country AND critics with their snobish disrespect for the so-called "managerial class."
4) Switch Side Debate – only our framework requires teams to defend both sides of important issues like State action, international relations, and energy policy
Switch side debate promotes tolerance of others, prevents physical violence, and enhances students’ critical thinking skills and political agency – this spills over to solve real world problems
O’Donnell et al 10 – Tim, Professor of Communication at Mary Washington; research conducted by the International Debate Education Association, with Neil Butt, Stefan Bauschard, Joseph Bellon, Warren Decker, John Kastulas, William Keith, James Lyle, Danielle Verney O’Gorman, 26 Joseph Packer ~"A Rationale for Intercollegiate Debate in the Twenty First Century," Navigating Opportunity: Policy Debate in the 21st Century, p. 44~cn In addition to cultivating educational skills, participation in debate has long been recognized as AND educational opportunities lacking in the public school system" (2001, 14).
5) Gotta have a plan—failure to have a concrete option we can debate against guarantees that oppression continues and efforts for change backfire
What follows is not an attempt to discredit our efforts. It was a powerful AND others will be prepared to build up the state or a new state.
D) THIS IS A VOTING ISSUE – our standards prove in-round and pre-round abuse, and your ballot helps create community norms that promote fair and educational debate
Donahue
Material reality is more important than the critique. Given that we have no real intention of implementing the aff beyond the empty gesture of the ballot, the criticism turns itself by giving us false distance from the existing order—placing us more firmly within it.
Developing this idea in specifically Marxist terms, Žižek emphasizes the point that commodity fetishism AND certainty of its suggestion of direct action in pursuit of clearly understood interests.
Ideological transgression is a continuation of the existing order—the power of the protest structurally depends upon the continued authority of what the system. The critique functions as a carnivalesque reversal of authority—
Žižek, 95 ((Philosopher and Psychoanalyst, Institute for Social Sciences, University of Ljubljana LAW AND THE POSTMODERN MIND: SUPEREGO BY DEFAULT, Cardozo Law Review, 1995, 16 Cardozo L. Rev. 925).
In the traditional patriarchal society, the inherent transgression of the law assumes the form AND the cynic the clearest example of one obsessed precisely with the national thing?
Protest within the academy support dominant ideologies because they are co-opted as self-congratulatory proof of the liberal tolerance of the existing order. The co-optation of safe protest also legitimates the violent elimination of more threatening protest.
If protest culture represents the expression of intellectual and political liberty in contemporary neo- AND — translate into concrete political practices that transcend their negation by the market.
Hence we present our alternative: reject the affirmative call to action on the grounds that it plays into the power of the structures they claim to critique.
By demonstrating that the affirmative has libidinal attachments to the very structures of domination that they critique, we turn and outweigh the affirmative:
1) Our critique is a pre-requisite to their aff. We do not reject the affirmative’s goals but prove that they make solvency impossible. Truly authentic political acts are those that change the very Symbolic coordinates of the dominant ideology. Such acts are impossible in a world where the Symbolic Order is left intact.
The volume of critique literature and discussion demonstrates that there is no shortage of protest. The problem is that we confuse repetition of our message with political action. No matter how benign and "revolutionary" the rhetoric of a new humanity plays into the hands of existing political structures because it replaces an empty gesture for real political action.
Nayar, 99 (Jayan, (School of Law, University of Warwick) Transnational Law 26 Contemporary Problems, Fall, 9 Transnat’l L. 26 Contemp. Probs. 599).
The description of the continuities of violence in Section II in many ways is familiar AND and implicate our familiarities in ways that defy the simplicities of straightforward immutability. Continues... of the "other"—of cultures, languages, social systems, beliefs, AND the ordered "world," itself, impliedly, a component part of the ordered, order(ing), globalized world. The mutuality of "professional" AND ) voice, little is changed in the order-ing of worlds.
K
The 1AC is a paradigmatic example of humanist cultural criticism – this perpetuates speciesism and dooms them to failure
Deckha 6 – Maneesha, UC Hastings College of the Law http://www.animallaw.info/articles/arus17hstwlj1.htm Cultural critics have painstakingly demonstrated the social constructedness of sexual, gender, and racial AND on the continued merit of a property status of non-human animals.
This strategy is not innocent – rather, it reflects a specific form of affected ignorance, which is culpable in sustaining and promoting speciesism
Williams 8 – Nancy, Philosopher at Wofford College ~"Affected Ignorance and Animal Suffering" Journal of Agricultural and Environmental Ethics (2008) 21:371-384~ Affected ignorance, the phenomenon of people choosing not to investigate whether some practice in AND of knowledge, that which propels individuals to refrain from further moral inquiry.
Speciesism makes possible "systematic beastilization," which justifies non-criminal putting to death of the Other – this is the root cause of all oppression
Rossini 6 – Manuela, Postdoctoral Fellow at Amsterdam School for Cultural Analysis ~Sept, "To the Dogs: Companion speciesism and the new feminist materialism," Kritikos, Volume 3, http://intertheory.org/Rossini~~cn What is equally sobering, however, is the fact that the most radical metaposthumanists AND means limited to its overwhelmingly direct and disproportionate effects on animals.~26~
The alternative is to vote negative to reject speciesism by critically reorienting ourselves against the 1AC. Our creation of a space for reflection is a key step in ending non-human oppression.
Williams 8 – Nancy, Philosopher at Wofford College ~"Affected Ignorance and Animal Suffering" Journal of Agricultural and Environmental Ethics (2008) 21:371-384~ Epistemological and moral tensions such as these, however, can be the impetus for AND be fully informed about modern factory farming practices (and subsequent animal suffering).
You have a moral obligation to vote negative to affirm a moral universe where nonhumans are treated with dignity and respect
Katz 96 – Eric, professor of philosophy and director of the Science, Technology, and Society Program at the New Jersey Institute of Technology; one of the founders of environmental ethics ~Nature as Subject, pp. 9-10~cn This analysis of certain problems in an indirect utilitarian argument for the preservation of objects AND who wish to avoid the easy, self-defeating trap of utilitarianism.
Case
A2: Honig 3
First, this evidence is talking about stories that have been used to frame policy issues, not making an exclusion claim.
While this says that immigrants are outsiders in the process, it does NOT say that their voices are excluded. She actually says that they do make demands and do influence the process.
A2: Knight 6
This is just a literature review. It doesn’t really make an argument, it just lists studies and claims made by those studies – at best this is an analytic without any warrants
A2: Villenas, et al 6
This says research on Latina perspectives is underrepresented in the current educational theory literature – requires change in college curriculums, not the debate space
It looks like the introduction to an edited book with a lot of contributors. It doesn’t actually identify a starting point or describe what that starting point looks like. It asks a lot of "what if" questions, and suggests that there are a lot of "possibilities".
Their advocacy does nothing – debating about social location and the incorporation of "voices" does nothing outside the confines of academia
Bauerlein 1 – Mark, Professor at Emory ~Spring., "Social constructionism: Philosophy for the academic workplace," Partisan Review. Boston: Vol. 68, Iss. 2; pg. 228, Proquest~cn What could lead otherwise responsible academics to implement such narrow-minded, accusatory, AND thought most congenial to current professional workplace conditions of scholars in the humanities.
The scholarship generated the aff’s Latina Voice movement is heavily politicized and disgenuine
Aoki and Johnson, Professors of Law @ UC Davis, 2008 ~Keith Aoki 26 Kevin R. Johnson, October 2008, "An Assessment of LatCrit Theory Ten Years After", UC Davis Legal Studies Research Paper Series Research Paper No. 151 October 2008, http://ssrn.com/abstract=1286181-http://ssrn.com/abstract=1286181, 18-19, chip~ This article is far from the first critical assessment of LatCrit theory. Richard Delgado AND knowing that tone and manner affect the intended audience’s willingness to listen.82
The inexperienced and unorganized nature of the aff’s movement fractures the scholarship and prevents genuine political change
Aoki and Johnson, Professors of Law @ UC Davis, 2008 ~Keith Aoki 26 Kevin R. Johnson, October 2008, "An Assessment of LatCrit Theory Ten Years After", UC Davis Legal Studies Research Paper Series Research Paper No. 151 October 2008, http://ssrn.com/abstract=1286181-http://ssrn.com/abstract=1286181, 9-10, chip~ Today, LatCrit theory appears rudderless without direction, often serving as an umbrella for AND advised to avoid placements in LatCrit symposium issues given their shaky scholarly reputation.
The lack of focus in the LatCrit movement destroys the key theories that LatCrit is built upon- Praxis and responses to institutional power are subject to limitless interpretations
Aoki and Johnson, Professors of Law @ UC Davis, 2008 ~Keith Aoki 26 Kevin R. Johnson, October 2008, "An Assessment of LatCrit Theory Ten Years After", UC Davis Legal Studies Research Paper Series Research Paper No. 151 October 2008, http://ssrn.com/abstract=1286181-http://ssrn.com/abstract=1286181, 31, chip~ Importantly, the lack of focus in LatCrit scholarship may be undermining the LatCrit, AND time, thereby drawing the audience’s focus in many different directions at once.
Coalitions Fail- hierarchies of race and oppression within create a divide
Both supporters and detractors of coalitions raise the specter of such hierarchies within minority groups AND may be better off undertaking reform efforts individually rather than using concerted action.¶