Tournament: JMU | Round: Octas | Opponent: James Madison Lepp-Miller | Judge: Struth, Susko, Watson
Same as round 1

Tournament: JMU | Round: Quarters | Opponent: George Washington Nelson-Salathe | Judge: Brass, Garrett, Koch
Same as round 1

Tournament: GSU | Round: 1 | Opponent: Iowa CrSh | Judge: Donlan, Nick
Advantage 1
Indefinite detention undermines US adherence to the Geneva Conventions
Murphy 7 – Sean, Law Professor at GWU
“Evolving Geneva Convention Paradigms in the¶ 'War on Terrorism': Applying the Core Rules to the¶ Release of Persons Deemed 'Unprivileged¶ Combatants'”, GW Law Faculty Publications and Other Workscs
The general assertion that all detainees at Guantánamo Bay may be detained for the “
AND
soon as the reasons which necessitated his¶ internment no longer exist.”143
Continued US violations justify a world paradigm shift against I-Law norms
Chaffee 9 – David, JD. Advocacy Counsel at Human Rights First
42 Case W. Res. J. Int'l L. 187, “Dismantling Guantanamo: Facing the Challenges of Continued Detention and Repatriation: The Cost Of Indefinitely Kicking The Can: Why Continued "Prolonged" Detention Is No Solution To Guantanamo”cs
The most oft cited reasons by current and former government officials for closing Guantanamo is
AND
U.S. diplomatic power and ability to champion human rights abroad.
Strong Geneva Conventions key to preventing CBW development and use
GCSP 5 – Geneva Centre for Security Policy
Jun, “Biological and Chemical Weapons Seminar,” http://www.gcsp.ch/e/meetings/Security_Challenges/WMD/Meeting_Conf/2005/BC20Weapons20Seminar/summary.htmcn
On 9-10 June 2005, the GCSP hosted an international seminar initiated by
AND
use but also the production and possession of both chemical and biological weapons.
Bioweapons cause extinction
Singer 1 – Clifford, professor of nuclear engineering and director of the Program in Arms Control, Disarmament, and International Security
http://www.acdis.uiuc.edu/research/SandPs/2001-Sp/SandP_XIII/Singer.htmcn
There are, however, two technologies currently under development that may pose a more
AND
connected human family may be in question when and if this is achieved.
Recent technology advances make bioweapons dangerous
Garrett 11 – Laurie Garrett is senior fellow for global health at the Council on Foreign Relations, recipient of the 1996 Pulitzer Prize for her coverage of the Ebola epidemic in what was then Zaire, and author of I Heard the Sirens Scream: How Americans Responded to the 9/11 and Anthrax Attacks
12/15, “The Bioterrorist Next Door”. http://www.foreignpolicy.com/articles/2011/12/14/the_bioterrorist_next_door?page=0,0gw
In September, an amiable Dutchman stepped up to the podium at a scientific meeting
AND
post-2001 anthrax-inspired proliferation of high-security biological laboratories?
Reviving obligation to Geneva reverses the signal
Beard 7 – Jack, Lecturer at UCLA and former Deputy General Counsel at the DOD
“The Geneva Boomerang: The Military Commissions Act of 2006 And US Counterterror operations,” The American Journal of International Lawcn
At a fundamental level, unilateral revision of the Geneva Conventions by the United States
AND
that other countries are unlikely to maintain the stringency of their own commitments.
Compliance with detention norms under Geneva shifts public perception of U.S. and restores credibility
Murphy 7 – Sean, Law Professor at GWU
“Evolving Geneva Convention Paradigms in the¶ 'War on Terrorism': Applying the Core Rules to the¶ Release of Persons Deemed 'Unprivileged¶ Combatants'”, GW Law Faculty Publications and Other Workscs
The dominant paradigms of the 1949 Geneva Conventions, which concern either inter-state
AND
of persons deemed not to be a threat is unlawful and¶ unconscionable.
Advantage 2
US credibility is collapsing due to detention policy
Welsh 11 – David, J.D. from University of Utah
“Procedural Justice Post-9/11: The Effects of Procedurally Unfair Treatment of Detainees on Perceptions of Global Legitimacy”, http://law.unh.edu/assets/images/uploads/publications/unh-law-review-vol-09-no2-welsh.pdfcs
The Global War on Terror 1 has been ideologically framed as a struggle between the
AND
this article offers a psychological perspective of legitimacy in the context of detention.
Restoring relationships with allies will be key to co’op on disease and warming
Ikenberry 11 – John. G., Albert G. Milbank Professor of Politics and International Affairs at Princeton
Spring, http://www.democracyjournal.org/20/a-world-of-our-making.php?page=allcs
Grand Strategy as Liberal Order Building American dominance of the global system will eventually yield
AND
liberal order building, it can begin the process of gaining it back.
Human actions are causing a transition to runaway warming – the impact is extinction – the most up-to-date science proves
Goldblatt and Watson 12 – Colin, Assistant Professor of Earth System Evolution at the School of Earth and Ocean Sciences at the University of Victoria, British Columbia, PhD from the School of Environmental Sciences at the University of East Anglia, and Andrew J., Fellow of the Royal Society, Professor at the School of Environmental Sciences, University of East Anglia, PhD from University of Reading
Jan 8, Philosophical Translation of the Royal Society A, http://arxiv.org/abs/1201.1593cs
The ultimate climate emergency is a “runaway greenhouse”: a hot and water vapour
AND
their stars are detected, some will be in a runaway greenhouse state.
Diseases cause extinction
Quammen 12 – David, Science writer, columnist for Outside magazine for 15 years, worked with various other magazines
9/29, “Could the next big animal-to-human disease wipe us out?,” The Guardiancs
Infectious disease is all around us. It's one of the basic processes that ecologists
AND
collapses? One possible factor is infectious disease, and viruses in particular.
American institutional credibility is key to heg – exec-flex arguments are wrong
Knowles 9 – Robert, NYU Law School
Spring, “Article: American Hegemony and the Foreign Affairs Constitution”, 41 Ariz. St. L.J. 87, Lexiscs
The hegemonic model also reduces the need for executive branch flexibility, and the institutional
AND
courts to reduce the "deference gap" between foreign and domestic cases.
Material power’s irrelevant – lack of legitimacy makes heg ineffective
Mendelsohn 10 – Barak, assistant professor of political science at Haverford College and fellow at
June, “The Question of International Cooperation in the War on Terrorism”, http://www.fpri.org/enotes/201006.mendelsohn.cooperationwarterror.htmlcs
Going against common conceptions, I argue that the United States sought to advance more
AND
This process constrains the hegemon’s actions and prevents the uninhibited exercise of power.
Hegemony is key to prevent global security competitions – key to solve nuclear great power wars
Brooks, Ikenberry, and Wohlforth 13 – Stephen G. Brooks is Associate Professor of Government at Dartmouth, G. John Ikenberry is the Albert G. Milbank Professor of Politics and International Affairs at Princeton University in the Department of Politics and the Woodrow Wilson School of Public and International Affairs, Global Eminence Scholar at Kyung Hee University, and William C. Wohlforth, Daniel Webster Professor in the Department of Government at Dartmouth
“Don’t Come Home, America: The Case Against Retrenchment, International Security, Vol. 37, No. 3 (Winter 2012/13), pp. 7–51, http://belfercenter.ksg.harvard.edu/files/IS3703_Brooks20Wohlforth20Ikenberry.pdfgw
A core premise of deep engagement is that it prevents the emergence of a far
AND
Moreover, switching between offshore and onshore balancing could well be dif ficult.
Heg is key to the economy
Brooks, Ikenberry, and Wohlforth 13 – Stephen G. Brooks is Associate Professor of Government at Dartmouth, G. John Ikenberry is the Albert G. Milbank Professor of Politics and International Affairs at Princeton University in the Department of Politics and the Woodrow Wilson School of Public and International Affairs, Global Eminence Scholar at Kyung Hee University, and William C. Wohlforth, Daniel Webster Professor in the Department of Government at Dartmouth
“Don’t Come Home, America: The Case Against Retrenchment, International Security, Vol. 37, No. 3 (Winter 2012/13), pp. 7–51, http://belfercenter.ksg.harvard.edu/files/IS3703_Brooks20Wohlforth20Ikenberry.pdfgw
Deep engagement is based on a premise central to realist scholarship from E.H
AND
world economy—a long-standing U.S. national interest.
In addition to ensuring the global economy against important sources of insecurity, the extensive
AND
needed to accomplish this mission—would likely be curtailed to some degree.
Judicial involvement is key to the credibility of detention decisions
Waxman 9 – Matthew, Professor of Law and Chair of Law and National Seucirty of the Roger Hertog Program
November, “Legislating the War on Terror: An Agenda for Reform”cs
Judicial review can help safeguard liberty and enhance the credibility at home and abroad of
AND
to contest what with the assistance of counsel? Transparent determinations of what?
A National Security Court restores our global image – oversight is key
Sulmasy 9 – Glenn, Associate Professor of Law at the US Coast Guard Academy and National
April 13, “THE NEED FOR A NATIONAL SECURITY COURT SYSTEM”cs
THE WAY FORWARD¶ The President, Secretary Gates and Secretary Rice have all declared
AND
dedicated to the administration of justice and to upholding the rule of law.
Plan
The United States Congress should establish an Article III National Security Court with exclusive jurisdiction over the United States’ indefinite detention policy, specifically individuals detained pursuant to P.L. 107-40.  Congress should mandate that all such individuals be expediently tried or released.

Solvency
Congressional creation of a National Security Court is crucial to restore legitimacy and rule of law in detention
Welsh 11 – David, J.D. from University of Utah
“Procedural Justice Post-9/11: The Effects of Procedurally Unfair Treatment of Detainees on Perceptions of Global Legitimacy”, http://law.unh.edu/assets/images/uploads/publications/unh-law-review-vol-09-no2-welsh.pdfcs
In the context of the War on Terror, legitimacy is the critical missing element
AND
with the unique procedural issues created by a growing number of suspected terrorists.
NSC solves legitimacy at home and abroad
Goldsmith and Katyal 7 – Jack, Harvard law professor, was an assistant attorney general from 2003 to 2004 and Neal, Georgetown law professor, represented the plaintiff in the 2006 Supreme Court case that struck down the Guantánamo tribunals
Jul 11, http://www.nytimes.com/2007/07/11/opinion/11katyal.html?_r=2andadxnnl=1andoref=sloginandadxnnlx=1184158966-zBttZkBJomgptivaDrg0egcs
NEARLY six years after 9/11, the government’s system for detaining terrorists without
AND
no such luxury. We must create sensible institutions for the long haul.
NSC solves any flexibility issues
Goldsmith 9 – Jack, Henry L. Shattuck Professor at Harvard Law School
Feb 4, “Long-Term Terrorist Detention and Our National Security Court”cs
The national security court might also replace criminal trials by military commission, courts martial
AND
the ordinary criminal trial processes where the government should bear ordinary burdens.45
No circumvention – the President would use the NSC
Lunday 8 – Kevin E., Captain and judge advocate in the U.S. Coast Guard, with Harvey Rishikof, professor of law and former chair of the Department of National Security Strategy, National War College
Fall, “Due Process Is a Strategic Choice: Legitimacy and the Establishment of an Article III National Security Court,” 39 Cal. W. Int'l L.J. 87cs
The primary triggering mechanism for establishing NSC jurisdiction would fall within the discretion and control
AND
, it would be permitted to sua sponte transfer the case to NSC jurisdiction
Congress has already passed detention restrictions
Alexander 13 – Janet Cooper, law professor at Stanford
March 21, "The Law-Free Zone and Back Again," Illinois Law Review, illinoislawreview.org/wp-content/ilr-content/articles/2013/2/Alexander.pdfcs
Congress also passed legislation requiring suspected members of al- Qaeda or “associated forces
AND
, the D.C. Circuit has since rendered those protections toothless.
Only Congress can do the plan
Lunday 8 – Kevin E., Captain and judge advocate in the U.S. Coast Guard, with Harvey Rishikof, professor of law and former chair of the Department of National Security Strategy, National War College
Fall, “Due Process Is a Strategic Choice: Legitimacy and the Establishment of an Article III National Security Court,” 39 Cal. W. Int'l L.J. 87cs
These proposals deserve careful scrutiny by the public, and particularly by the U.
AND
National Security Court, and addressing the most prominent criticisms of the concept.

Tournament: JMU | Round: 1 | Opponent: George Washington Arsht-Stasaski | Judge: Harper
Plan
The United States Congress should establish an Article III National Security Court with exclusive jurisdiction over the United States’ indefinite detention policy, specifically individuals detained pursuant to P.L. 107-40.  Congress should mandate that all such individuals be expediently tried or released.
Advantage 1
Indefinite detention undermines US adherence to the Geneva Conventions
Murphy 7 – Sean, Law Professor at GWU
“Evolving Geneva Convention Paradigms in the¶ 'War on Terrorism': Applying the Core Rules to the¶ Release of Persons Deemed 'Unprivileged¶ Combatants'”, GW Law Faculty Publications and Other Workscs
The general assertion that all detainees at Guantánamo Bay may be detained for the “
AND
soon as the reasons which necessitated his¶ internment no longer exist.”143
Continued US violations justify a world paradigm shift against I-Law norms
Chaffee 9 – David, JD. Advocacy Counsel at Human Rights First
42 Case W. Res. J. Int'l L. 187, “Dismantling Guantanamo: Facing the Challenges of Continued Detention and Repatriation: The Cost Of Indefinitely Kicking The Can: Why Continued "Prolonged" Detention Is No Solution To Guantanamo”cs
The most oft cited reasons by current and former government officials for closing Guantanamo is
AND
U.S. diplomatic power and ability to champion human rights abroad.
Strong Geneva Conventions key to preventing CBW development and use
GCSP 5 – Geneva Centre for Security Policy
Jun, “Biological and Chemical Weapons Seminar,” http://www.gcsp.ch/e/meetings/Security_Challenges/WMD/Meeting_Conf/2005/BC20Weapons20Seminar/summary.htmcn
On 9-10 June 2005, the GCSP hosted an international seminar initiated by
AND
use but also the production and possession of both chemical and biological weapons.
Bioweapons cause extinction
Singer 1 – Clifford, professor of nuclear engineering and director of the Program in Arms Control, Disarmament, and International Security
http://www.acdis.uiuc.edu/research/SandPs/2001-Sp/SandP_XIII/Singer.htmcn
There are, however, two technologies currently under development that may pose a more
AND
connected human family may be in question when and if this is achieved.
Recent technology advances make bioweapons dangerous
Garrett 11 – Laurie Garrett is senior fellow for global health at the Council on Foreign Relations, recipient of the 1996 Pulitzer Prize for her coverage of the Ebola epidemic in what was then Zaire, and author of I Heard the Sirens Scream: How Americans Responded to the 9/11 and Anthrax Attacks
12/15, “The Bioterrorist Next Door”. http://www.foreignpolicy.com/articles/2011/12/14/the_bioterrorist_next_door?page=0,0gw
In September, an amiable Dutchman stepped up to the podium at a scientific meeting
AND
post-2001 anthrax-inspired proliferation of high-security biological laboratories?
Self-imposed restraint of violations sends a signal that revives the Geneva Conventions
Beard 7 – Jack, Lecturer at UCLA and former Deputy General Counsel at the DOD
“The Geneva Boomerang: The Military Commissions Act of 2006 And US Counterterror operations,” The American Journal of International Lawcn
At a fundamental level, unilateral revision of the Geneva Conventions by the United States
AND
that other countries are unlikely to maintain the stringency of their own commitments.
Compliance with detention norms under Geneva shifts public perception of U.S. and restores credibility
Murphy 7 – Sean, Law Professor at GWU
“Evolving Geneva Convention Paradigms in the¶ 'War on Terrorism': Applying the Core Rules to the¶ Release of Persons Deemed 'Unprivileged¶ Combatants'”, GW Law Faculty Publications and Other Workscs
The dominant paradigms of the 1949 Geneva Conventions, which concern either inter-state
AND
of persons deemed not to be a threat is unlawful and¶ unconscionable.
Fear of reciprocal violations from a credible institution deter violations of I-Law – codification isn’t necessary
D’Amato 10 – Anthony, Northwestern University School of Law
Dec, http://scholarlycommons.law.northwestern.edu/cgi/viewcontent.cgi?article=1102andcontext=facultyworkingpaperscs
International law is enforced by the process I have described as reciprocal-entitlement
AND
fully understood without reference to the steps it takes to preserve those entitlements.
Advantage 2
US credibility is collapsing due to detention policy
Welsh 11 – David, J.D. from University of Utah
“Procedural Justice Post-9/11: The Effects of Procedurally Unfair Treatment of Detainees on Perceptions of Global Legitimacy”, http://law.unh.edu/assets/images/uploads/publications/unh-law-review-vol-09-no2-welsh.pdfcs
The Global War on Terror 1 has been ideologically framed as a struggle between the
AND
this article offers a psychological perspective of legitimacy in the context of detention.
That credibility is key to mobilize cooperation on global issues like warming and disease
Ikenberry 11 – John. G., Albert G. Milbank Professor of Politics and International Affairs at Princeton
Spring, http://www.democracyjournal.org/20/a-world-of-our-making.php?page=allcs
Grand Strategy as Liberal Order Building American dominance of the global system will eventually yield
AND
liberal order building, it can begin the process of gaining it back.
Warming turns every impact and causes extinction – 4 degrees makes trends irreversible
Roberts 13 – David, Grist *citing the World Bank comprehensive climate study
Jan 10, http://grist.org/climate-energy/climate-alarmism-the-idea-is-surreal/cs
What would 4 degrees look like? A recent World Bank review of the science reminds us. First, it’ll get hot:

Projections for a 4°C world show a dramatic increase in the intensity and
AND
“alarmist” in this context. What level of alarm is adequate?
Warming makes oceans acidic – the impact is extinction
Kristof 6 – Nicholas, New York Times, American journalist, author, op-ed columnist, and a winner of two Pulitzer Prizes
Jul, “Scandal Below the Surface,” Onlinecn
If you think of the earth’s surface as a great beaker, then it’s filled
AND
. We stand, so to speak, on the shoulders of plankton.
Globalization means unchecked disease spread causes extinction
Keating 9 – Joshua, Foreign Policy Editor
11-13, http://www.foreignpolicy.com/articles/2009/11/13/the_end_of_the_world?page=fullcn
How it could happen: Throughout history, plagues have brought civilizations to their knees
AND
. Biological weapons experimentation has added a new and just as troubling complication.
Detention erodes the institutional credibility that supports US hegemony
Knowles 9 – Robert, NYU Law School
Spring, “Article: American Hegemony and the Foreign Affairs Constitution”, 41 Ariz. St. L.J. 87, Lexiscs
The hegemonic model also reduces the need for executive branch flexibility, and the institutional
AND
courts to reduce the "deference gap" between foreign and domestic cases.
Material power’s irrelevant – lack of legitimacy makes heg ineffective
Mendelsohn 10 – Barak, assistant professor of political science at Haverford College and fellow at
June, “The Question of International Cooperation in the War on Terrorism”, http://www.fpri.org/enotes/201006.mendelsohn.cooperationwarterror.htmlcs
Going against common conceptions, I argue that the United States sought to advance more
AND
This process constrains the hegemon’s actions and prevents the uninhibited exercise of power.
Hegemony is key to prevent global security competitions – key to solve nuclear great power wars
Brooks, Ikenberry, and Wohlforth 13 – Stephen G. Brooks is Associate Professor of Government at Dartmouth, G. John Ikenberry is the Albert G. Milbank Professor of Politics and International Affairs at Princeton University in the Department of Politics and the Woodrow Wilson School of Public and International Affairs, Global Eminence Scholar at Kyung Hee University, and William C. Wohlforth, Daniel Webster Professor in the Department of Government at Dartmouth
“Don’t Come Home, America: The Case Against Retrenchment, International Security, Vol. 37, No. 3 (Winter 2012/13), pp. 7–51, http://belfercenter.ksg.harvard.edu/files/IS3703_Brooks20Wohlforth20Ikenberry.pdfgw
A core premise of deep engagement is that it prevents the emergence of a far
AND
Moreover, switching between offshore and onshore balancing could well be dif ficult.
Judicial involvement is key to the credibility of detention decisions
Waxman 9 – Matthew, Professor of Law and Chair of Law and National Seucirty of the Roger Hertog Program
November, “Legislating the War on Terror: An Agenda for Reform”cs
Judicial review can help safeguard liberty and enhance the credibility at home and abroad of
AND
to contest what with the assistance of counsel? Transparent determinations of what?
A National Security Court restores our global image – oversight is key
Sulmasy 9 – Glenn, Associate Professor of Law at the US Coast Guard Academy and National
April 13, “THE NEED FOR A NATIONAL SECURITY COURT SYSTEM”cs
THE WAY FORWARD¶ The President, Secretary Gates and Secretary Rice have all declared
AND
dedicated to the administration of justice and to upholding the rule of law.
Solvency
A Congressionally created National Security Court restores legitimacy to the detention process
Goldsmith and Katyal 7 – Jack, Harvard law professor, was an assistant attorney general from 2003 to 2004 and Neal, Georgetown law professor, represented the plaintiff in the 2006 Supreme Court case that struck down the Guantánamo tribunals
Jul 11, http://www.nytimes.com/2007/07/11/opinion/11katyal.html?_r=2andadxnnl=1andoref=sloginandadxnnlx=1184158966-zBttZkBJomgptivaDrg0egcs
NEARLY six years after 9/11, the government’s system for detaining terrorists without
AND
no such luxury. We must create sensible institutions for the long haul.
Institutional legitimacy creates reservoirs of support that strengthen the rule of law
Welsh 11 – David, J.D. from University of Utah
“Procedural Justice Post-9/11: The Effects of Procedurally Unfair Treatment of Detainees on Perceptions of Global Legitimacy”, http://law.unh.edu/assets/images/uploads/publications/unh-law-review-vol-09-no2-welsh.pdfcs
In the context of the War on Terror, legitimacy is the critical missing element
AND
with the unique procedural issues created by a growing number of suspected terrorists.
NSC can’t and won’t be circumvented
Lunday 8 – Kevin E., Captain and judge advocate in the U.S. Coast Guard, with Harvey Rishikof, professor of law and former chair of the Department of National Security Strategy, National War College
Fall, “Due Process Is a Strategic Choice: Legitimacy and the Establishment of an Article III National Security Court,” 39 Cal. W. Int'l L.J. 87cs
The primary triggering mechanism for establishing NSC jurisdiction would fall within the discretion and control
AND
, it would be permitted to sua sponte transfer the case to NSC jurisdiction
NSC solves any flexibility issues
Goldsmith 9 – Jack, Henry L. Shattuck Professor at Harvard Law School
Feb 4, “Long-Term Terrorist Detention and Our National Security Court”cs
The national security court might also replace criminal trials by military commission, courts martial
AND
the ordinary criminal trial processes where the government should bear ordinary burdens.45

Tournament: Shirley | Round: 2 | Opponent: Bard College Daniszewski-Nesser | Judge: Leader

Plan

The United States Congress should establish an Article III National Security Court with exclusive jurisdiction over the United States’ indefinite detention policy, specifically individuals detained pursuant to P.L. 107-40.  Congress should mandate that all such individuals be expediently tried or released.

Advantage 1 is Legitimacy

Advantage 1 is Legitimacy

US legitimacy is collapsing due to detention policy

Welsh 11 – David, J.D. from University of Utah
~"Procedural Justice Post-9/11: The Effects of Procedurally Unfair Treatment of Detainees on Perceptions of Global Legitimacy", http://law.unh.edu/assets/images/uploads/publications/unh-law-review-vol-09-no2-welsh.pdf~~cs
The Global War on Terror 1 has been ideologically framed as a struggle between the
AND
this article offers a psychological perspective of legitimacy in the context of detention. 

That legitimacy is key to mobilize cooperation on global issues like warming

Ikenberry 11 – John. G., Albert G. Milbank Professor of Politics and International Affairs at Princeton
~Spring, http://www.democracyjournal.org/20/a-world-of-our-making.php?page=all~~cs
Grand Strategy as Liberal Order Building American dominance of the global system will eventually yield
AND
liberal order building, it can begin the process of gaining it back. 

Warming is real, anthropogenic, and causes mass death

Deibel 7 – Terry L, Professor of IR at National War College
~"Foreign Affairs Strategy: Logic for American Statecraft", Conclusion: American Foreign Affairs Strategy Today~cs
Finally, there is one major existential threat to American security (as well as
AND
States, but potentially to the continued existence of life on this planet.

Adopting a mindset of scientific inquiry for climate change makes sense because it’s a phenomenon uniquely suited to an empiricist methodology

Bricmont 1 – Jean, professor of theoretical physics at the University of Louvain
~"Defense of a Modest Scientific Realism", September 23, http://www.physics.nyu.edu/faculty/sokal/bielefeld_final.pdf-http://www.physics.nyu.edu/faculty/sokal/bielefeld_final.pdf~~cs
Given that instrumentalism is not defensible when it is formulated as a rigid doctrine,
AND
but we would like to offer a few ideas that might prove useful.

Our framing of warming overcomes disbelief and mobilizes public responses

Romm 12 – Joe, Ph.D. in physics from MIT, Fellow at American Progress and is the editor of Climate Progress, acting assistant secretary of energy for energy efficiency and renewable energy in 1997, Time named him a "Hero of the Environment? and "The Web’s most influential climate-change blogger."
~"Apocalypse Not: The Oscars, The Media And The Myth of ’Constant Repetition of Doomsday Messages’ on Climate", http://thinkprogress.org/romm/2012/02/26/432546/apocalypse-not-oscars-media-myth-of-repetition-of-doomsday-messages-on-climate/~~23more-432546~~cs
The two greatest myths about global warming communications are 1) constant repetition of doomsday
AND
by most of the rest of the media, intelligentsia and popular culture.

The inclusion of hypothetical impact scenarios supercharges the deliberative process by providing a normative means of assessing consequences

Larsen 9 – Royal Institute of Technology, Department of Philosophy and History of Technology, Division of History of Science and Technology, Teknikringen, Stockholm, Sweden
~July, Habitat International, Volume 33, Issue 3, July 2009, Pages 260–266, Climate Change and Human Settlements: Climate change scenarios and citizen-participation: Mitigation and adaptation perspectives in constructing sustainable futures~cs
 In constructing normative scenarios a set of images are generated illustrating future ways of
AND
result, both the content sustainability and the capacity to act might increase. 

A National Security Court restores our global image – oversight is key

Sulmasy 9 – Glenn, Associate Professor of Law at the US Coast Guard Academy and National
~April 13, "THE NEED FOR A NATIONAL SECURITY COURT SYSTEM"~cs
THE WAY FORWARD¶ The President, Secretary Gates and Secretary Rice have all declared
AND
dedicated to the administration of justice and to upholding the rule of law.

Solvency

A Congressionally created National Security Court restores legitimacy to the detention process

Goldsmith and Katyal 7 – Jack, Harvard law professor, was an assistant attorney general from 2003 to 2004 and Neal, Georgetown law professor, represented the plaintiff in the 2006 Supreme Court case that struck down the Guantánamo tribunals
~Jul 11, http://www.nytimes.com/2007/07/11/opinion/11katyal.html?_r=226adxnnl=126oref=slogin26adxnnlx=1184158966-zBttZkBJomgptivaDrg0eg~~cs-http://www.nytimes.com/2007/07/11/opinion/11katyal.html?_r=226adxnnl=126oref=slogin26adxnnlx=1184158966-zBttZkBJomgptivaDrg0eg5dcs
NEARLY six years after 9/11, the government’s system for detaining terrorists without
AND
no such luxury. We must create sensible institutions for the long haul.

Institutional legitimacy creates reservoirs of support that strengthen the rule of law

Welsh 11 – David, J.D. from University of Utah
~"Procedural Justice Post-9/11: The Effects of Procedurally Unfair Treatment of Detainees on Perceptions of Global Legitimacy", http://law.unh.edu/assets/images/uploads/publications/unh-law-review-vol-09-no2-welsh.pdf~~cs
In the context of the War on Terror, legitimacy is the critical missing element
AND
with the unique procedural issues created by a growing number of suspected terrorists. 

Role of the ballot’s to simulate enactment of the plan – Academic debate regarding war powers is makes checks on excessive presidential authority effective—-college students key

Young 13 – Kelly Michael, Associate Professor of Communication and Director of Forensics at Wayne State University
~"Why Should We Debate About Restriction of Presidential War Powers", 9/4, public.cedadebate.org/node/13~cs
Beyond its obviously timeliness,
AND
presidency. 

Switch-side debate inculcates skills that empirically improve climate policy outcomes

Mitchel 10 – Gordon, Associate Professor and Director of Graduate Studies in the Department
AND
strives to generate rigorous scholarship addressing the role of argumentation and debate in society
~SWITCH-SIDE DEBATING MEETS DEMAND-DRIVEN RHETORIC OF SCIENCE.  MITCHELL, GORDON R.1 Rhetoric 26 Public Affairs; Spring2010, Vol. 13 Issue 1, p95-120, 26p~cs
 The watchwords for the intelligence community’s debating initiative— collaboration, critical thinking,
AND
challenge involves finding meaning in inverted rhetorical situations characterized by an endemic surplus of
heterogeneous content. 

The debate space provides the means for deliberative policymaking, which is crucial to solve warming through public policy – this subsumes their critiques of traditional persuasion

Herbeck and Isham 10 –Associate Profess of Economics at Middlebury College and member of the Rubenstein School of Environment and Natural Resources at Middlebury College
~http://www.thesolutionsjournal.com/node/775-http://www.thesolutionsjournal.com/node/775~~cs
 Getting to 350 parts per million CO2 in the atmosphere will require massive investments
AND
, including those on pressing issues related to climate change and clean energy. 

Judicial involvement is key to the credibility of detention decisions

Waxman 9 – Matthew, Professor of Law and Chair of Law and National Seucirty of the Roger Hertog Program
~November, "Legislating the War on Terror: An Agenda for Reform"~cs
Judicial review can help safeguard liberty and enhance the credibility at home and abroad of
AND
to contest what with the assistance of counsel? Transparent determinations of what?

Tournament: GSU | Round: 4 | Opponent: James Madison BoMi | Judge: Atchison, Jarrod
Same as round 1

Tournament: JMU | Round: 3 | Opponent: George Mason Brown-Woodward | Judge: Mendenhall

Plan

The United States Congress should establish an Article III National Security Court with exclusive jurisdiction over the United States’ indefinite detention policy, specifically individuals detained pursuant to P.L. 107-40.  Congress should mandate that all such indiviuals be expediently tried or released.

Advantage 1

Advantage 1 is Legitimacy

US credibility is collapsing due to detention policy

Welsh 11 – David, J.D. from University of Utah
~"Procedural Justice Post-9/11: The Effects of Procedurally Unfair Treatment of Detainees on Perceptions of Global Legitimacy", http://law.unh.edu/assets/images/uploads/publications/unh-law-review-vol-09-no2-welsh.pdf~~cs
The Global War on Terror 1 has been ideologically framed as a struggle between the
AND
this article offers a psychological perspective of legitimacy in the context of detention. 

That credibility is key to mobilize cooperation on global issues like warming and disease

Ikenberry 11 – John. G., Albert G. Milbank Professor of Politics and International Affairs at Princeton
~Spring, http://www.democracyjournal.org/20/a-world-of-our-making.php?page=all~~cs
Grand Strategy as Liberal Order Building American dominance of the global system will eventually yield
AND
liberal order building, it can begin the process of gaining it back. 

Warming turns every impact and causes extinction – 4 degrees makes trends irreversible

Roberts 13 – David, Grist *citing the World Bank comprehensive climate study
~Jan 10, http://grist.org/climate-energy/climate-alarmism-the-idea-is-surreal/~~cs-http://grist.org/climate-energy/climate-alarmism-the-idea-is-surreal/5dcs
What would 4 degrees look like? A recent World Bank review of the science reminds us. First, it’ll get hot:

Projections for a 4°C world show a dramatic increase in the intensity and
AND
"alarmist" in this context. What level of alarm is adequate?

Warming makes oceans acidic – the impact is extinction

Kristof 6 – Nicholas, New York Times, American journalist, author, op-ed columnist, and a winner of two Pulitzer Prizes
~Jul, "Scandal Below the Surface," Online~cn
If you think of the earth’s surface as a great beaker, then it’s filled
AND
. We stand, so to speak, on the shoulders of plankton.

Globalization means unchecked disease spread causes extinction

Keating 9 – Joshua, Foreign Policy Editor
~11-13, http://www.foreignpolicy.com/articles/2009/11/13/the_end_of_the_world?page=full~~cn
How it could happen: Throughout history, plagues have brought civilizations to their knees
AND
. Biological weapons experimentation has added a new and just as troubling complication.

Detention erodes the institutional credibility that supports US hegemony

Knowles 9 – Robert, NYU Law School
~Spring, "Article: American Hegemony and the Foreign Affairs Constitution", 41 Ariz. St. L.J. 87, Lexis~cs
The hegemonic model also reduces the need for executive branch flexibility, and the institutional
AND
courts to reduce the "deference gap" between foreign and domestic cases.

Material power’s irrelevant – lack of legitimacy makes heg ineffective

Mendelsohn 10 – Barak, assistant professor of political science at Haverford College and fellow at
June, "The Question of International Cooperation in the War on Terrorism", http://www.fpri.org/enotes/201006.mendelsohn.cooperationwarterror.html~~cs
Going against common conceptions, I argue that the United States sought to advance more
AND
This process constrains the hegemon’s actions and prevents the uninhibited exercise of power.

Decline isn’t inevitable – prefer long-term studies to short-term conjectures

Lieber 8 – Robert, Prof of Intl Affairs at Georgetown, World Affairs
~Summer, http://www.worldaffairsjournal.org/200820-20Summer/full-Lieber.html~~cn
In the end, then, this country’s structural advantages matter much more than economic
AND
The critiques come and go. The object of their contempt never does.

Hegemony is key to prevent extinction and reduce structural violence

Barnett 11 – Thomas, Former Senior Strategic Researcher and Professor in the Warfare Analysis 26 Research Department, Center for Naval Warfare Studies, U.S. Naval War College American military geostrategist and Chief Analyst at Wikistrat, worked as the Assistant for Strategic Futures in the Office of Force Transformation in the Department of Defense
~3/7, http://www.worldpoliticsreview.com/articles/8099/the-new-rules-leadership-fatigue-puts-u-s-and-globalization-at-crossroads~~cs-http://www.worldpoliticsreview.com/articles/8099/the-new-rules-leadership-fatigue-puts-u-s-and-globalization-at-crossroads5dcs
Events in Libya are a further reminder for Americans that we stand at a crossroads
AND
the 20th century, setting the stage for the Pacific Century now unfolding.

Status seeking is inevitable – hegemonic deterrence is key to alter incentive structures to prevent conflict

Wohlforth 9 – professor of government at Dartmouth
~William, "Unipolarity, Status Competition, and Great Power War," World Affairs, January, project muse~gw
The upshot is a near scholarly consensus that unpolarity’s consequences for great power conflict are
AND
inherently scarce, and competitions for status tend to be zero sum.9

Any alternative locks in the war system – an infinite number of non-falsifiable root causes mean empirics and incentive theory are the only adequate methods to understand war

Moore 4 – Dir. Center for Security Law t University of Virginia, 7-time Presidential appointee, 26 Honorary Editor of the American Journal of International Law
~Solving the War Puzzle: Beyond the Democratic Peace, John Norton Moore, page 27-31.~gw
If major interstate war is predominantly a product of a synergy between a potential nondemocratic
AND
in general, happens when levels of deterrence are dramatically increased or decreased?

Realism is inevitable and good

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.

Judicial involvement is key to the credibility of detention decisions

Waxman 9 – Matthew, Professor of Law and Chair of Law and National Seucirty of the Roger Hertog Program
~November, "Legislating the War on Terror: An Agenda for Reform"~cs
Judicial review can help safeguard liberty and enhance the credibility at home and abroad of
AND
to contest what with the assistance of counsel? Transparent determinations of what?

A National Security Court restores our global image – oversight is key

Sulmasy 9 – Glenn, Associate Professor of Law at the US Coast Guard Academy and National
~April 13, "THE NEED FOR A NATIONAL SECURITY COURT SYSTEM"~cs
THE WAY FORWARD¶ The President, Secretary Gates and Secretary Rice have all declared
AND
dedicated to the administration of justice and to upholding the rule of law.

Solvency

A Congressionally created National Security Court restores legitimacy to the detention process

Goldsmith and Katyal 7 – Jack, Harvard law professor, was an assistant attorney general from 2003 to 2004 and Neal, Georgetown law professor, represented the plaintiff in the 2006 Supreme Court case that struck down the Guantánamo tribunals
~Jul 11, http://www.nytimes.com/2007/07/11/opinion/11katyal.html?_r=226adxnnl=126oref=slogin26adxnnlx=1184158966-zBttZkBJomgptivaDrg0eg~~cs-http://www.nytimes.com/2007/07/11/opinion/11katyal.html?_r=226adxnnl=126oref=slogin26adxnnlx=1184158966-zBttZkBJomgptivaDrg0eg5dcs
NEARLY six years after 9/11, the government’s system for detaining terrorists without
AND
no such luxury. We must create sensible institutions for the long haul.

Institutional legitimacy creates reservoirs of support that strengthen the rule of law

Welsh 11 – David, J.D. from University of Utah
~"Procedural Justice Post-9/11: The Effects of Procedurally Unfair Treatment of Detainees on Perceptions of Global Legitimacy", http://law.unh.edu/assets/images/uploads/publications/unh-law-review-vol-09-no2-welsh.pdf~~cs
In the context of the War on Terror, legitimacy is the critical missing element
AND
with the unique procedural issues created by a growing number of suspected terrorists. 

NSC can’t and won’t be circumvented

Lunday 8 – Kevin E., Captain and judge advocate in the U.S. Coast Guard, with Harvey Rishikof, professor of law and former chair of the Department of National Security Strategy, National War College
~Fall, "Due Process Is a Strategic Choice: Legitimacy and the Establishment of an Article III National Security Court," 39 Cal. W. Int’l L.J. 87~cs
The primary triggering mechanism for establishing NSC jurisdiction would fall within the discretion and control
AND
, it would be permitted to sua sponte transfer the case to NSC jurisdiction

NSC solves any flexibility issues

Goldsmith 9 – Jack, Henry L. Shattuck Professor at Harvard Law School
~Feb 4, "Long-Term Terrorist Detention and Our National Security Court"~cs
The national security court might also replace criminal trials by military commission, courts martial
AND
the ordinary criminal trial processes where the government should bear ordinary burdens.45

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.

A reformist mindset is key to prevent extinction – political inaction abdicates power to authoritarians

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

Abandoning state reforms causes worse forces to fill-in

Barbrook 97 – Dr. Richard, Professor of Social Sciences, University of Westminister
~Jun 5, http://www.nettime.org/Lists-Archives/nettime-l-9706/msg00034.html~~gw
I thought that this position is clear from my remarks about the ultra-left
AND
can be a fun artistic pose. However, human suffering is not.

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.

Advantage 1

Back to legitimacy

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.

Hegemony prevents counterbalancing and deters challengers

Brooks, Ikenberry, and Wohlforth 13 – Stephen G. Brooks is Associate Professor of Government at Dartmouth, G. John Ikenberry is the Albert G. Milbank Professor of Politics and International Affairs at Princeton University in the Department of Politics and the Woodrow Wilson School of Public and International Affairs, Global Eminence Scholar at Kyung Hee University, and William C. Wohlforth, Daniel Webster Professor in the Department of Government at Dartmouth
~"Don’t Come Home, America: The Case Against Retrenchment, International Security, Vol. 37, No. 3 (Winter 2012/13), pp. 7–51, http://belfercenter.ksg.harvard.edu/files/IS3703_Brooks20Wohlforth20Ikenberry.pdf~~gw
Bringing together the thrust of many of the arguments discussed so far underlines the degree
AND
in turn makes it easier to sustain the policy over the long term.

Even if decline is inevitable, maintaining heg is key ensure a smooth transition

Zakaria 8 – Fareed, Editor of Newsweek International
~May/June 2008 Foreign Affairs, "The Future of American Power"~cn
The emerging international system is likely to be quite different from those that have preceded
AND
-American world is a reality — and embraces and celebrates that fact.

Tournament: Shirley | Round: 3 | Opponent: Dartmouth College Chen-Cramer | Judge: Garrett

Plan

The United States Congress should establish an Article III National Security Court with exclusive jurisdiction over the United States’ indefinite detention policy, specifically individuals detained pursuant to P.L. 107-40.  Congress should mandate that all such individuals be expediently tried or released.

Advantage 1

Advantage 1 is I Law

Indefinite detention undermines US adherence to the Geneva Conventions

Murphy 7 – Sean, Law Professor at GWU
~"Evolving Geneva Convention Paradigms in the¶ ’War on Terrorism’: Applying the Core Rules to the¶ Release of Persons Deemed ’Unprivileged¶ Combatants’", GW Law Faculty Publications 26 Other Works~cs
The general assertion that all detainees at Guantánamo Bay may be detained for the "
AND
soon as the reasons which necessitated his¶ internment no longer exist."143

Continued US violations justify a world paradigm shift against I-Law norms

Chaffee 9 – David, JD. Advocacy Counsel at Human Rights First
~42 Case W. Res. J. Int’l L. 187, "Dismantling Guantanamo: Facing the Challenges of Continued Detention and Repatriation: The Cost Of Indefinitely Kicking The Can: Why Continued "Prolonged" Detention Is No Solution To Guantanamo"~cs
The most oft cited reasons by current and former government officials for closing Guantanamo is
AND
U.S. diplomatic power and ability to champion human rights abroad.

Strong Geneva Conventions key to preventing CBW development and use

GCSP 5 – Geneva Centre for Security Policy
~Jun, "Biological and Chemical Weapons Seminar," http://www.gcsp.ch/e/meetings/Security_Challenges/WMD/Meeting_Conf/2005/BC20Weapons20Seminar/summary.htm~~cn
On 9-10 June 2005, the GCSP hosted an international seminar initiated by
AND
use but also the production and possession of both chemical and biological weapons.

Bioweapons risk extinction—technology and ease of use make it a certainty

Myhrvold 13— Nathan, founded Intellectual Ventures-http://www.intellectualventures.com/ after retiring as chief strategist and chief
AND
theoretical and mathematical physics and a master’s degree in mathematical economics from Princeton University
~07/13, http://www.lawfareblog.com/wp-content/uploads/2013/07/Strategic-Terrorism-Myhrvold-7-3-2013.pdf~~ab
A virus genetically engineered to infect its host quickly, to generate symptoms slowly—
AND
cause compares with that of other calamities that the human race has faced.

Recent technology advances make bioweapons dangerous

Garrett 11 – Laurie Garrett is senior fellow for global health at the Council on Foreign Relations, recipient of the 1996 Pulitzer Prize for her coverage of the Ebola epidemic in what was then Zaire, and author of I Heard the Sirens Scream: How Americans Responded to the 9/11 and Anthrax Attacks
~12/15, "The Bioterrorist Next Door". http://www.foreignpolicy.com/articles/2011/12/14/the_bioterrorist_next_door?page=0,0-http://www.foreignpolicy.com/articles/2011/12/14/the_bioterrorist_next_door?page=0,0~gw
In September, an amiable Dutchman stepped up to the podium at a scientific meeting
AND
post-2001 anthrax-inspired proliferation of high-security biological laboratories? 

Self-imposed restraint of violations sends a signal that revives the Geneva Conventions

Beard 7 – Jack, Lecturer at UCLA and former Deputy General Counsel at the DOD
~"The Geneva Boomerang: The Military Commissions Act of 2006 And US Counterterror operations," The American Journal of International Law~cn
At a fundamental level, unilateral revision of the Geneva Conventions by the United States
AND
that other countries are unlikely to maintain the stringency of their own commitments.

Compliance with detention norms under Geneva shifts public perception of U.S. and restores credibility

Murphy 7 – Sean, Law Professor at GWU
~"Evolving Geneva Convention Paradigms in the¶ ’War on Terrorism’: Applying the Core Rules to the¶ Release of Persons Deemed ’Unprivileged¶ Combatants’", GW Law Faculty Publications 26 Other Works~cs
The dominant paradigms of the 1949 Geneva Conventions, which concern either inter-state
AND
of persons deemed not to be a threat is unlawful and¶ unconscionable.

Fear of reciprocal violations from a credible institution deter violations of I-Law – codification isn’t necessary

D’Amato 10 – Anthony, Northwestern University School of Law
~Dec, http://scholarlycommons.law.northwestern.edu/cgi/viewcontent.cgi?article=110226context=facultyworkingpapers~~cs-http://scholarlycommons.law.northwestern.edu/cgi/viewcontent.cgi?article=110226context=facultyworkingpapers5dcs
International law is enforced by the process I have described as reciprocal-entitlement ~
AND
fully understood without reference to the steps it takes to preserve those entitlements.

Advantage 2

Advantage 2 is Legitimacy

US credibility is collapsing due to detention policy

Welsh 11 – David, J.D. from University of Utah
~"Procedural Justice Post-9/11: The Effects of Procedurally Unfair Treatment of Detainees on Perceptions of Global Legitimacy", http://law.unh.edu/assets/images/uploads/publications/unh-law-review-vol-09-no2-welsh.pdf~~cs
The Global War on Terror 1 has been ideologically framed as a struggle between the
AND
this article offers a psychological perspective of legitimacy in the context of detention. 

That credibility is key to mobilize cooperation on global issues like warming and disease

Ikenberry 11 – John. G., Albert G. Milbank Professor of Politics and International Affairs at Princeton
~Spring, http://www.democracyjournal.org/20/a-world-of-our-making.php?page=all~~cs
Grand Strategy as Liberal Order Building American dominance of the global system will eventually yield
AND
liberal order building, it can begin the process of gaining it back. 

Warming turns every impact and causes extinction – 4 degrees makes trends irreversible

Roberts 13 – David, Grist *citing the World Bank comprehensive climate study
~Jan 10, http://grist.org/climate-energy/climate-alarmism-the-idea-is-surreal/~~cs-http://grist.org/climate-energy/climate-alarmism-the-idea-is-surreal/5dcs
What would 4 degrees look like? A recent World Bank review of the science reminds us. First, it’ll get hot:

Projections for a 4°C world show a dramatic increase in the intensity and
AND
"alarmist" in this context. What level of alarm is adequate?

Warming makes oceans acidic – the impact is extinction

Kristof 6 – Nicholas, New York Times, American journalist, author, op-ed columnist, and a winner of two Pulitzer Prizes
~Jul, "Scandal Below the Surface," Online~cn
If you think of the earth’s surface as a great beaker, then it’s filled
AND
. We stand, so to speak, on the shoulders of plankton.

Globalization means unchecked disease spread causes extinction

Keating 9 – Joshua, Foreign Policy Editor
~11-13, http://www.foreignpolicy.com/articles/2009/11/13/the_end_of_the_world?page=full~~cn
How it could happen: Throughout history, plagues have brought civilizations to their knees
AND
. Biological weapons experimentation has added a new and just as troubling complication.

Detention erodes the institutional credibility that supports US hegemony

Knowles 9 – Robert, NYU Law School
~Spring, "Article: American Hegemony and the Foreign Affairs Constitution", 41 Ariz. St. L.J. 87, Lexis~cs
The hegemonic model also reduces the need for executive branch flexibility, and the institutional
AND
courts to reduce the "deference gap" between foreign and domestic cases.

Material power’s irrelevant – lack of legitimacy makes heg ineffective

Mendelsohn 10 – Barak, assistant professor of political science at Haverford College and fellow at
June, "The Question of International Cooperation in the War on Terrorism", http://www.fpri.org/enotes/201006.mendelsohn.cooperationwarterror.html~~cs
Going against common conceptions, I argue that the United States sought to advance more
AND
This process constrains the hegemon’s actions and prevents the uninhibited exercise of power.

Hegemony is key to prevent global security competitions – key to solve nuclear great power wars

Brooks, Ikenberry, and Wohlforth 13 – Stephen G. Brooks is Associate Professor of Government at Dartmouth, G. John Ikenberry is the Albert G. Milbank Professor of Politics and International Affairs at Princeton University in the Department of Politics and the Woodrow Wilson School of Public and International Affairs, Global Eminence Scholar at Kyung Hee University, and William C. Wohlforth, Daniel Webster Professor in the Department of Government at Dartmouth
~"Don’t Come Home, America: The Case Against Retrenchment, International Security, Vol. 37, No. 3 (Winter 2012/13), pp. 7–51, http://belfercenter.ksg.harvard.edu/files/IS3703_Brooks20Wohlforth20Ikenberry.pdf~~gw
A core premise of deep engagement is that it prevents the emergence of a far
AND
Moreover, switching between offshore and onshore balancing could well be dif ficult.

Judicial involvement is key to the credibility of detention decisions

Waxman 9 – Matthew, Professor of Law and Chair of Law and National Seucirty of the Roger Hertog Program
~November, "Legislating the War on Terror: An Agenda for Reform"~cs
Judicial review can help safeguard liberty and enhance the credibility at home and abroad of
AND
to contest what with the assistance of counsel? Transparent determinations of what?

A National Security Court restores our global image – oversight is key

Sulmasy 9 – Glenn, Associate Professor of Law at the US Coast Guard Academy and National
~April 13, "THE NEED FOR A NATIONAL SECURITY COURT SYSTEM"~cs
THE WAY FORWARD¶ The President, Secretary Gates and Secretary Rice have all declared
AND
dedicated to the administration of justice and to upholding the rule of law.

Solvency

A Congressionally created National Security Court restores legitimacy to the detention process

Goldsmith and Katyal 7 – Jack, Harvard law professor, was an assistant attorney general from 2003 to 2004 and Neal, Georgetown law professor, represented the plaintiff in the 2006 Supreme Court case that struck down the Guantánamo tribunals
~Jul 11, http://www.nytimes.com/2007/07/11/opinion/11katyal.html?_r=226adxnnl=126oref=slogin26adxnnlx=1184158966-zBttZkBJomgptivaDrg0eg~~cs-http://www.nytimes.com/2007/07/11/opinion/11katyal.html?_r=226adxnnl=126oref=slogin26adxnnlx=1184158966-zBttZkBJomgptivaDrg0eg5dcs
NEARLY six years after 9/11, the government’s system for detaining terrorists without
AND
no such luxury. We must create sensible institutions for the long haul.

Institutional legitimacy creates reservoirs of support that strengthen the rule of law

Welsh 11 – David, J.D. from University of Utah
~"Procedural Justice Post-9/11: The Effects of Procedurally Unfair Treatment of Detainees on Perceptions of Global Legitimacy", http://law.unh.edu/assets/images/uploads/publications/unh-law-review-vol-09-no2-welsh.pdf~~cs
In the context of the War on Terror, legitimacy is the critical missing element
AND
with the unique procedural issues created by a growing number of suspected terrorists. 

Only Congress can do the plan

Lunday 8 – Kevin E., Captain and judge advocate in the U.S. Coast Guard, with Harvey Rishikof, professor of law and former chair of the Department of National Security Strategy, National War College
~Fall, "Due Process Is a Strategic Choice: Legitimacy and the Establishment of an Article III National Security Court," 39 Cal. W. Int’l L.J. 87~cs
These proposals deserve careful scrutiny by the public, and particularly by the U.
AND
National Security Court, and addressing the most prominent criticisms of the concept.

NSC can’t and won’t be circumvented

Lunday 8 – Kevin E., Captain and judge advocate in the U.S. Coast Guard, with Harvey Rishikof, professor of law and former chair of the Department of National Security Strategy, National War College
~Fall, "Due Process Is a Strategic Choice: Legitimacy and the Establishment of an Article III National Security Court," 39 Cal. W. Int’l L.J. 87~cs
The primary triggering mechanism for establishing NSC jurisdiction would fall within the discretion and control
AND
, it would be permitted to sua sponte transfer the case to NSC jurisdiction

NSC solves any flexibility issues

Goldsmith 9 – Jack, Henry L. Shattuck Professor at Harvard Law School
~Feb 4, "Long-Term Terrorist Detention and Our National Security Court"~cs
The national security court might also replace criminal trials by military commission, courts martial
AND
the ordinary criminal trial processes where the government should bear ordinary burdens.45

Congress has already passed detention restrictions

Alexander 13 – Janet Cooper, law professor at Stanford
~March 21, "The Law-Free Zone and Back Again," Illinois Law Review, illinoislawreview.org/wp-content/ilr-content/articles/2013/2/Alexander.pdf-http://illinoislawreview.org/wp-content/ilr-content/articles/2013/2/Alexander.pdf~~cs
Congress also passed legislation requiring suspected members of al- Qaeda or "associated forces
AND
custody. ¶ Thus, a decade that began with the executive branch’s assertion

 of sole and exclusive power to act unconstrained by law or the other branches ended, ironically, with Congress asserting its power to countermand the executive branch’s decisions, regardless of detainee claims of legal rights, in order to maintain those law-free policies. And although the Supreme Court had blocked the Bush administration’s law-free zone strategy by upholding detainees’ habeas rights, the D.C. Circuit has since rendered those protections toothless.

Tournament: GSU | Round: 5 | Opponent: NYU DeDe | Judge: Fitzmier, Daniel
Advantage 1
US credibility is collapsing due to detention policy
Welsh 11 – David, J.D. from University of Utah
“Procedural Justice Post-9/11: The Effects of Procedurally Unfair Treatment of Detainees on Perceptions of Global Legitimacy”, http://law.unh.edu/assets/images/uploads/publications/unh-law-review-vol-09-no2-welsh.pdfcs
The Global War on Terror 1 has been ideologically framed as a struggle between the
AND
this article offers a psychological perspective of legitimacy in the context of detention.
Restoring relationships with allies will be key to co’op on disease and warming
Ikenberry 11 – John. G., Albert G. Milbank Professor of Politics and International Affairs at Princeton
Spring, http://www.democracyjournal.org/20/a-world-of-our-making.php?page=allcs
Grand Strategy as Liberal Order Building American dominance of the global system will eventually yield
AND
liberal order building, it can begin the process of gaining it back.
Diseases cause extinction
Quammen 12 – David, Science writer, columnist for Outside magazine for 15 years, worked with various other magazines
9/29, “Could the next big animal-to-human disease wipe us out?,” The Guardiancs
Infectious disease is all around us. It's one of the basic processes that ecologists
AND
collapses? One possible factor is infectious disease, and viruses in particular.
Human actions are causing a transition to runaway warming – the impact is extinction – the most up-to-date science proves
Goldblatt and Watson 12 – Colin, Assistant Professor of Earth System Evolution at the School of Earth and Ocean Sciences at the University of Victoria, British Columbia, PhD from the School of Environmental Sciences at the University of East Anglia, and Andrew J., Fellow of the Royal Society, Professor at the School of Environmental Sciences, University of East Anglia, PhD from University of Reading
Jan 8, Philosophical Translation of the Royal Society A, http://arxiv.org/abs/1201.1593cs
The ultimate climate emergency is a “runaway greenhouse”: a hot and water vapour
AND
their stars are detected, some will be in a runaway greenhouse state.
Warming makes oceans acidic – the impact is extinction
Kristof 6 – Nicholas, New York Times, American journalist, author, op-ed columnist, and a winner of two Pulitzer Prizes
Jul, “Scandal Below the Surface,” Onlinecn
If you think of the earth’s surface as a great beaker, then it’s filled
AND
. We stand, so to speak, on the shoulders of plankton.
American institutional credibility is key to heg
Knowles 9 – Robert, NYU Law School
Spring, “Article: American Hegemony and the Foreign Affairs Constitution”, 41 Ariz. St. L.J. 87, Lexiscs
The hegemonic model also reduces the need for executive branch flexibility, and the institutional
AND
courts to reduce the "deference gap" between foreign and domestic cases.
Lack of legitimacy makes deploying heg ineffective
Mendelsohn 10 – Barak, assistant professor of political science at Haverford College and fellow at
June, “The Question of International Cooperation in the War on Terrorism”, http://www.fpri.org/enotes/201006.mendelsohn.cooperationwarterror.htmlcs
Going against common conceptions, I argue that the United States sought to advance more
AND
This process constrains the hegemon’s actions and prevents the uninhibited exercise of power.
Hegemony is key to prevent global security competitions – key to solve nuclear great power wars
Brooks, Ikenberry, and Wohlforth 13 – Stephen G. Brooks is Associate Professor of Government at Dartmouth, G. John Ikenberry is the Albert G. Milbank Professor of Politics and International Affairs at Princeton University in the Department of Politics and the Woodrow Wilson School of Public and International Affairs, Global Eminence Scholar at Kyung Hee University, and William C. Wohlforth, Daniel Webster Professor in the Department of Government at Dartmouth
“Don’t Come Home, America: The Case Against Retrenchment, International Security, Vol. 37, No. 3 (Winter 2012/13), pp. 7–51, http://belfercenter.ksg.harvard.edu/files/IS3703_Brooks20Wohlforth20Ikenberry.pdfgw
A core premise of deep engagement is that it prevents the emergence of a far
AND
Moreover, switching between offshore and onshore balancing could well be dif ficult.
Hegemony is key to prevent extinction and reduce structural violence
Barnett 11 – Thomas, Former Senior Strategic Researcher and Professor in the Warfare Analysis and Research Department, Center for Naval Warfare Studies, U.S. Naval War College American military geostrategist and Chief Analyst at Wikistrat, worked as the Assistant for Strategic Futures in the Office of Force Transformation in the Department of Defense
3/7, http://www.worldpoliticsreview.com/articles/8099/the-new-rules-leadership-fatigue-puts-u-s-and-globalization-at-crossroadscs
Events in Libya are a further reminder for Americans that we stand at a crossroads
AND
the 20th century, setting the stage for the Pacific Century now unfolding.
Status seeking is inevitable – hegemonic deterrence is key to alter incentive structures to prevent conflict
Wohlforth 9 – professor of government at Dartmouth
William, “Unipolarity, Status Competition, and Great Power War,” World Affairs, January, project musegw
The upshot is a near scholarly consensus that unpolarity’s consequences for great power conflict are
AND
inherently scarce, and competitions for status tend to be zero sum.9
Any alternative locks in the war system – an infinite number of non-falsifiable root causes mean empirics and incentive theory are the only adequate methods to understand war
Moore 4 – Dir. Center for Security Law t University of Virginia, 7-time Presidential appointee, and Honorary Editor of the American Journal of International Law
Solving the War Puzzle: Beyond the Democratic Peace, John Norton Moore, page 27-31.gw
If major interstate war is predominantly a product of a synergy between a potential nondemocratic
AND
in general, happens when levels of deterrence are dramatically increased or decreased?
Realism is inevitable and good
Mearsheimer 1 – John J., Prof. of Political Science at U Chicago
The Tragedy of Great Power Politics, pp. 1-28cn
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.
Judicial involvement is key to the credibility of detention decisions
Waxman 9 – Matthew, Professor of Law and Chair of Law and National Seucirty of the Roger Hertog Program
November, “Legislating the War on Terror: An Agenda for Reform”cs
Judicial review can help safeguard liberty and enhance the credibility at home and abroad of
AND
to contest what with the assistance of counsel? Transparent determinations of what?
A National Security Court restores our global image – oversight is key
Sulmasy 9 – Glenn, Associate Professor of Law at the US Coast Guard Academy and National
April 13, “THE NEED FOR A NATIONAL SECURITY COURT SYSTEM”cs
THE WAY FORWARD¶ The President, Secretary Gates and Secretary Rice have all declared
AND
dedicated to the administration of justice and to upholding the rule of law.
Plan
The United States Congress should establish an Article III National Security Court with exclusive jurisdiction over the United States’ indefinite detention policy, specifically individuals detained pursuant to P.L. 107-40.  Congress should mandate that all such individuals be expediently tried or released.

Solvency
NSC solves legitimacy at home and abroad
Goldsmith and Katyal 7 – Jack, Harvard law professor, was an assistant attorney general from 2003 to 2004 and Neal, Georgetown law professor, represented the plaintiff in the 2006 Supreme Court case that struck down the Guantánamo tribunals
Jul 11, http://www.nytimes.com/2007/07/11/opinion/11katyal.html?_r=2andadxnnl=1andoref=sloginandadxnnlx=1184158966-zBttZkBJomgptivaDrg0egcs
NEARLY six years after 9/11, the government’s system for detaining terrorists without
AND
no such luxury. We must create sensible institutions for the long haul.
NSC solves any flexibility issues
Goldsmith 9 – Jack, Henry L. Shattuck Professor at Harvard Law School
Feb 4, “Long-Term Terrorist Detention and Our National Security Court”cs
The national security court might also replace criminal trials by military commission, courts martial
AND
the ordinary criminal trial processes where the government should bear ordinary burdens.45
No circumvention – the President would use the NSC
Lunday 8 – Kevin E., Captain and judge advocate in the U.S. Coast Guard, with Harvey Rishikof, professor of law and former chair of the Department of National Security Strategy, National War College
Fall, “Due Process Is a Strategic Choice: Legitimacy and the Establishment of an Article III National Security Court,” 39 Cal. W. Int'l L.J. 87cs
The primary triggering mechanism for establishing NSC jurisdiction would fall within the discretion and control
AND
, it would be permitted to sua sponte transfer the case to NSC jurisdiction
Congress has already passed detention restrictions
Alexander 13 – Janet Cooper, law professor at Stanford
March 21, "The Law-Free Zone and Back Again," Illinois Law Review, illinoislawreview.org/wp-content/ilr-content/articles/2013/2/Alexander.pdfcs
Congress also passed legislation requiring suspected members of al- Qaeda or “associated forces
AND
, the D.C. Circuit has since rendered those protections toothless.
Only Congress can do the plan
Lunday 8 – Kevin E., Captain and judge advocate in the U.S. Coast Guard, with Harvey Rishikof, professor of law and former chair of the Department of National Security Strategy, National War College
Fall, “Due Process Is a Strategic Choice: Legitimacy and the Establishment of an Article III National Security Court,” 39 Cal. W. Int'l L.J. 87cs
These proposals deserve careful scrutiny by the public, and particularly by the U.
AND
National Security Court, and addressing the most prominent criticisms of the concept.
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; 653cn
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.
Consequentialism is key to ethical policymaking
Isaac 2 – Jeffrey, Professor of Political Science at Indiana University
Spring, Dissent, vol. 49, no. 2cn
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.
Reps don’t shape reality
Roskoski 91 – Matthew, attorney in D.C., former Florida State University Scholar
“A Linguistic and Philosophical Critique of Language ‘Arguments,” Onlinecn
Language "arguments" assume the veracity of the Sapir- Whorf hypothesis. Usually
AND
debaters spend entire rounds quibbling over multiple interpretations of a few words.1

Tournament: JMU | Round: 5 | Opponent: Clarion Baker-Camloh | Judge: Meloche
Same as Round 3

Tournament: Shirley | Round: 6 | Opponent: Florida Frank-Prescott | Judge: White
Same as Round 4

Tournament: GSU | Round: 7 | Opponent: Liberty BoMu | Judge: Shook, Lindsey
Same as Round 1 without Disease Impact

Tournament: Shirley | Round: 7 | Opponent: Harvard Herman-Xu | Judge: Woodruff
Same as round 4

Tournament: West Georgia University | Round: Semis | Opponent: Florida FP | Judge: Bellon, Malsin, Gramzinski

Plan

The United States Congress should establish an Article III National Security Court with exclusive jurisdiction over the United States’ indefinite detention policy, specifically individuals detained pursuant to P.L. 107-40.  Congress should mandate that all such individuals be expediently tried or released.

Advantage 1

Advantage 1 is Modelling

Continued US violations of detention norms justify a world paradigm shift

Chaffee 9 – David, JD. Advocacy Counsel at Human Rights First
~42 Case W. Res. J. Int’l L. 187, "Dismantling Guantanamo: Facing the Challenges of Continued Detention and Repatriation: The Cost Of Indefinitely Kicking The Can: Why Continued "Prolonged" Detention Is No Solution To Guantanamo"~cs
The most oft cited reasons by current and former government officials for closing Guantanamo is
AND
U.S. diplomatic power and ability to champion human rights abroad.

First, indefinite detention undermines global adherence to the Geneva Conventions

Murphy 7 – Sean, Law Professor at GWU
~"Evolving Geneva Convention Paradigms in the¶ ’War on Terrorism’: Applying the Core Rules to the¶ Release of Persons Deemed ’Unprivileged¶ Combatants’", GW Law Faculty Publications 26 Other Works~cs
The general assertion that all detainees at Guantánamo Bay may be detained for the "
AND
soon as the reasons which necessitated his¶ internment no longer exist."143

Strong Geneva Conventions key to preventing CBW development and use

GCSP 5 – Geneva Centre for Security Policy
~Jun, "Biological and Chemical Weapons Seminar," http://www.gcsp.ch/e/meetings/Security_Challenges/WMD/Meeting_Conf/2005/BC20Weapons20Seminar/summary.htm~~cn
On 9-10 June 2005, the GCSP hosted an international seminar initiated by
AND
use but also the production and possession of both chemical and biological weapons.

Bioweapons risk extinction—technology and ease of use make it a certainty

Myhrvold 13— Nathan, founded Intellectual Ventures-http://www.intellectualventures.com/ after retiring as chief strategist and chief
AND
theoretical and mathematical physics and a master’s degree in mathematical economics from Princeton University
~07/13, http://www.lawfareblog.com/wp-content/uploads/2013/07/Strategic-Terrorism-Myhrvold-7-3-2013.pdf~~ab
A virus genetically engineered to infect its host quickly, to generate symptoms slowly—
AND
cause compares with that of other calamities that the human race has faced.

International laws are enforceable

D’Amato 10 – Anthony, Northwestern University School of Law
~Dec, http://scholarlycommons.law.northwestern.edu/cgi/viewcontent.cgi?article=110226context=facultyworkingpapers~~cs-http://scholarlycommons.law.northwestern.edu/cgi/viewcontent.cgi?article=110226context=facultyworkingpapers5dcs
I believe that a conclusive argument can be fashioned that international law is really law
AND
, prison officials, sheriffs, etc., are its domestic legal equivalents.

Second, Latin America is looking to the US – our indefinite detention policies are emboldening their militaries – kills CMR

Weeks 6—Gregory, Professor and Chair, Department of Political Science and Public Administration, UNC Charlotte
~http://clas-pages.uncc.edu/gregory-weeks/files/2012/04/WeeksG_2006JTWSarticle.pdf-http://clas-pages.uncc.edu/gregory-weeks/files/2012/04/WeeksG_2006JTWSarticle.pdf~~ab
There is a growing literature on judicial reform in Latin America, which emphasizes the
AND
result of a renewed military emphasis on perceived threats to national security.?

Latin American CMR sustains nuclear cooperation efforts in Brazil

Finnochio 2—Chris, Lieutenant in the US Navy
~9/2002, http://www.dtic.mil/dtic/tr/fulltext/u2/a407008.pdf~~ab
V. CONCLUSION The Southern Cone developed into a democratic, civilian controlled, economically
AND
slowed the pace at which Brazil accepted cooperative security initiatives compared to Argentina.

Decline in nuclear coop emboldens Brazil – causes prolif

Stalcup 12—Travis, Fellow @ the Bush School of Government at Texas A26M
~10/10, http://journal.georgetown.edu/2012/10/10/what-is-brazil-up-to-with-its-nuclear-policy-by-travis-stalcup~~ab
Further north, the United States, long the guarantor of South American stability,
AND
pursuit of nuclear propulsion technology should give American policymakers and nonproliferation analysts pause.

That uniquely goes nuclear—no generic prolif d

Ghoshal 13—Debalina, fellow @ the Centre for Air Power Studies
~8/20, http://www.gatestoneinstitute.org/3941/nuclear-brazil~~ab
By stating that submarines would be used for defensive roles only, Brazil apparently tries
AND
of collapsed or ineffective deterrence, easily leads to all-out war.

Advantage 2

Advantage 2 is Legitimacy

US credibility is collapsing due to detention policy

Welsh 11 – David, J.D. from University of Utah
~"Procedural Justice Post-9/11: The Effects of Procedurally Unfair Treatment of Detainees on Perceptions of Global Legitimacy", http://law.unh.edu/assets/images/uploads/publications/unh-law-review-vol-09-no2-welsh.pdf~~cs
The Global War on Terror 1 has been ideologically framed as a struggle between the
AND
this article offers a psychological perspective of legitimacy in the context of detention. 

That credibility is key to mobilize cooperation on global issues like warming and disease

Ikenberry 11 – John. G., Albert G. Milbank Professor of Politics and International Affairs at Princeton
~Spring, http://www.democracyjournal.org/20/a-world-of-our-making.php?page=all~~cs
Grand Strategy as Liberal Order Building American dominance of the global system will eventually yield
AND
liberal order building, it can begin the process of gaining it back. 

US leadership is key to bringing countries on board for international climate policy

Shine 12 – Connor, Las Vegas Sun quoting a report from the Brookings Institute
~Nov 14, Expert: International solution to climate change hinges on U.S. leadership. http://www.lasvegassun.com/news/2012/nov/14/expert-international-solution-climate-change-hinge/~~cs-http://www.lasvegassun.com/news/2012/nov/14/expert-international-solution-climate-change-hinge/5dcs
Despite repeated attempts over the past decades to create a plan to curb carbon emissions
AND
to regulating carbon emissions could have negative effects on economic competitiveness and trade.

Warming turns every impact and causes extinction

Roberts 13 – David, Grist *citing the World Bank comprehensive climate study
~Jan 10, http://grist.org/climate-energy/climate-alarmism-the-idea-is-surreal/~~cs-http://grist.org/climate-energy/climate-alarmism-the-idea-is-surreal/5dcs
What would 4 degrees look like? A recent World Bank review of the science
AND
"alarmist" in this context. What level of alarm is adequate?

Warming makes oceans acidic – the impact is extinction

Kristof 6 – Nicholas, New York Times, American journalist, author, op-ed columnist, and a winner of two Pulitzer Prizes
~Jul, "Scandal Below the Surface," Online~cn
If you think of the earth’s surface as a great beaker, then it’s filled
AND
. We stand, so to speak, on the shoulders of plankton.

Globalization means unchecked disease spread causes extinction

Keating 9 – Joshua, Foreign Policy Editor
~11-13, http://www.foreignpolicy.com/articles/2009/11/13/the_end_of_the_world?page=full~~cn
How it could happen: Throughout history, plagues have brought civilizations to their knees
AND
. Biological weapons experimentation has added a new and just as troubling complication.

Detention erodes the institutional credibility that supports US hegemony

Knowles 9 – Robert, NYU Law School
~Spring, "Article: American Hegemony and the Foreign Affairs Constitution", 41 Ariz. St. L.J. 87, Lexis~cs
The hegemonic model also reduces the need for executive branch flexibility, and the institutional
AND
courts to reduce the "deference gap" between foreign and domestic cases.

Material power’s irrelevant – lack of legitimacy makes heg ineffective

Mendelsohn 10 – Barak, assistant professor of political science at Haverford College and fellow at
June, "The Question of International Cooperation in the War on Terrorism", http://www.fpri.org/enotes/201006.mendelsohn.cooperationwarterror.html~~cs
Going against common conceptions, I argue that the United States sought to advance more
AND
This process constrains the hegemon’s actions and prevents the uninhibited exercise of power.

Hegemony is key to prevent global security competitions – key to solve nuclear great power wars

Brooks, Ikenberry, and Wohlforth 13 – Stephen G. Brooks is Associate Professor of Government at Dartmouth, G. John Ikenberry is the Albert G. Milbank Professor of Politics and International Affairs at Princeton University in the Department of Politics and the Woodrow Wilson School of Public and International Affairs, Global Eminence Scholar at Kyung Hee University, and William C. Wohlforth, Daniel Webster Professor in the Department of Government at Dartmouth
~"Don’t Come Home, America: The Case Against Retrenchment, International Security, Vol. 37, No. 3 (Winter 2012/13), pp. 7–51, http://belfercenter.ksg.harvard.edu/files/IS3703_Brooks20Wohlforth20Ikenberry.pdf~~gw
A core premise of deep engagement is that it prevents the emergence of a far
AND
Moreover, switching between offshore and onshore balancing could well be dif ficult.

Solvency

An Article III National Security Court restores our global image

Sulmasy 9 – Glenn, Associate Professor of Law at the US Coast Guard Academy and National
~April 13, "THE NEED FOR A NATIONAL SECURITY COURT SYSTEM"~cs
THE WAY FORWARD¶ The President, Secretary Gates and Secretary Rice have all declared
AND
dedicated to the administration of justice and to upholding the rule of law.

Institutional legitimacy creates reservoirs of support that strengthen the rule of law

Welsh 11 – David, J.D. from University of Utah
~"Procedural Justice Post-9/11: The Effects of Procedurally Unfair Treatment of Detainees on Perceptions of Global Legitimacy", http://law.unh.edu/assets/images/uploads/publications/unh-law-review-vol-09-no2-welsh.pdf~~cs
In the context of the War on Terror, legitimacy is the critical missing element
AND
with the unique procedural issues created by a growing number of suspected terrorists. 

NSC can’t and won’t be circumvented

Lunday 8 – Kevin E., Captain and judge advocate in the U.S. Coast Guard, with Harvey Rishikof, professor of law and former chair of the Department of National Security Strategy, National War College
~Fall, "Due Process Is a Strategic Choice: Legitimacy and the Establishment of an Article III National Security Court," 39 Cal. W. Int’l L.J. 87~cs
The primary triggering mechanism for establishing NSC jurisdiction would fall within the discretion and control
AND
, it would be permitted to sua sponte transfer the case to NSC jurisdiction

Only Congress can do the plan

Lunday 8 – Kevin E., Captain and judge advocate in the U.S. Coast Guard, with Harvey Rishikof, professor of law and former chair of the Department of National Security Strategy, National War College
~Fall, "Due Process Is a Strategic Choice: Legitimacy and the Establishment of an Article III National Security Court," 39 Cal. W. Int’l L.J. 87~cs
These proposals deserve careful scrutiny by the public, and particularly by the U.
AND
National Security Court, and addressing the most prominent criticisms of the concept.

Just released detainees from Gitmo – DAs are n/u

Rosenberg 1/2
~Carol Rosenberg - The Miami Herald/McClatchy-Tribune, Guantanamo releases picked up as 2013 drew to a close, Corpus Christi Caller-Times, Janaury 2, 2014joe)
In rapid succession, the U.S. in December sent Guantanamo prisoners home
AND
-by-case basis, fashioning specific solutions for each individual captive.

Tournament: NDT | Round: 1 | Opponent: Missouri State BR | Judge: Decker, Struth, Watson
Plan
Plan: United States federal judiciary should substantially increase judicial restrictions on the President’s authority to introduce armed forces into hostilities by holding that policies that allow the United States to launch a retaliatory nuclear attack before a nuclear detonation in the United States are unconstitutional under the Posterity Clause because these policies represent an unacceptable risk of irreversible damage to the rights of future generations.
Miscalc – 1AC
Advantage 1 is Miscalculation:
Miscalc is the only scenario for nuclear war
Evans 10 – Gareth, President and Chief Executive of the Brussels-based International Crisis Group, Report of the International Commission on Nuclear Non-proliferation and Disarmament
“ELIMINATING NUCLEAR THREATS,” ICNND, Onlinecn
Maintaining thousands of nuclear warheads on dangerously high launch on warning alert is the ultimate
AND
maker miscalculation should to an important degree be attributed to sheer luck.'

And it’s inevitable:
First, early warning glitches and human error
Phillips and Starr 4 – Alan, M.D., Cambridge physicist, radar researcher during WW2 , and Steven, nuclear engineer, medical technologist
May/Jun, “Let’s go No-LOW,” Bulletin of the Atomic Scientists, Vol 60: No 3cn
As long as the United States and Russia retain their arsenals of nuclear-armed
AND
systems may not only cease to provide redundancy—it may amplify mistakes.
Second, overlapping false alarms
Sennott 1 – Linn, Ph.D., Professor of Mathematics, Illinois State University
http://www-ee.stanford.edu/~hellman/Breakthrough/book/chapters/sennott.htmlcn
Data made available by the American government under its Freedom of Information Act show that
AND
false alarm rates are one hundred per year for both satellites and radars.
Third, short decision-making times
Barrett 13 – Anthony, PhD in Engineering and Public Policy from Carnegie Mellon University
AND
BS in Political Science from Columbia and Research Assistant at Global Catastrophic Risk Institute
June 28, Analyzing and Reducing the Risks of Inadvertent Nuclear War Between the United States and Russiacs
Attack indicators may or may not be resolved (identified as a false alarm)
AND
error-prone LOW posture during periods of high tensions or crisis.34
And fourth, deliberate cyber-attacks on early warning systems
Fritz 9 – Jason, radar signaling specialist, International Commission on Nuclear Nonproliferation and Disarmament
Jul 30, http://www.ifap.ru/pr/2009/n090730a.pdfcn
The US nuclear arsenal remains designed for the Cold War. This means its paramount
AND
in order to issue false voice commands (Andersen 2001, Chapter 16).
Miscalc sparks US-Russia war and causes extinction
----Weather, computer chips, wild animals, training tapes, intentional manipulation
Barrett 13 – Anthony, PhD in Engineering and Public Policy from Carnegie Mellon University
AND
BS in Political Science from Columbia and Research Assistant at Global Catastrophic Risk Institute
June 28, Analyzing and Reducing the Risks of Inadvertent Nuclear War Between the United States and Russiacs
War involving significant fractions of the U.S. and Russian nuclear arsenals,
AND
making one or both nations more likely to misinterpret events as attacks. 16
Russia’s war plans ensures they’ll retaliate
Thompson 9 – Nicholas, senior editor of Wired
Sept 21, “Inside the Apocalyptic Soviet Doomsday Machine,” Wiredcn
"The Perimeter system is very, very nice," he says. "We
AND
. After all, he says, Dead Hand is continuously being upgraded.
The past is not predictive – close calls prove the risk of accidental war is high
Sagan 93 – Scott, professor of political science and co-director of the Center for International Security and Cooperation
“The limits of safety: Organizations, accidents, and nuclear weapons” pp. 11-12cn
One possibility is to assume that this central fact proves that the danger of nuclear
AND
—even an apparently perfect final safety record may not inspire extreme confidence.
India and Pakistan model the U.S.
Mian 2 – Zia, Physicist at Princeton and Frank Hippel, Professor o

Tournament: NDT | Round: 1 | Opponent: Missouri State BR | Judge: Decker, Struth, Watson
Inherency – Yes LoW – A2: Ford Ev.
Yes LoW – Ford reversed his position on this
Starr 9 – Steven, senior scientist with Physicians for Social Responsibility; Director of Clinical Laboratory Science Program, University of Missouri-Columbia; Areas of Expertise: Nuclear proliferation, Risk of nuclear war causing acute climate change, Taking nuclear weapons off high-alert status
Nov 19, http://www.gather.com/viewArticle.action?articleId=281474977908996cn
We ran into the Bush administration, in 2007, announcing that the US did not have and had never had weapons on "hair-trigger" alert, and that they would have to put them on "hair-trigger alert" in order to de-alert them. I sent this to Blair and he wrote a rebuttal to this (see http://lcnp.org/disarmament/opstatus-blair.htm ) . Those designing this specious argument had settled on the term "hair-trigger alert" in order to create a semantic debate and avoid real debate of the genuine high-alert issue. I wound up writing an article on definitions (see http://www.wagingpeace.org/articles/2007/11/29_starr_explanation_terminology.php ), but am actually still working on the problem . . . I have a new article which I will send to you soon on definitions, they are still a big problem . . . In Oct 2008, I had a debate with Christopher Ford, who at that time had retired from being the US Special Rep for Nuclear Non-proliferation (they wouldn't let me record it, unfortunately) at the International Peace Institute. Ford, in this private setting, actually admitted that the US had a LOW capability (see my definitions) which was quite a switch from the previous US stance, but claimed that the US and Russia had an "understanding" that neither one would ever use LOW. I found this ludicrous, and asked since when did diplomats act on intentions rather than capabilities. I heard grunts of agreement. So . . . to be clear about this you will need to define these terms carefully and understand that RLOAD is a policy decision, but in reality the only way to actually prevent LOW is to eliminate the capability to LOW by extending the time required to launch beyond the minimal flight times of the missiles (12 to 30 minutes).
Miscalc – Impact – A2: Missileers’ Consciences Solve
Under LoW, someone will eventually “push the button”
Hallam 10 – John, Nuclear Weapons Campaigner PND Nuclear Flashpoints, Co-Author and Co-Coordinator of the Appeal on Nuclear Weapons Operating Status from 44 Nobel Prizewinners and 362 NGOs
Jan 2, http://www.pndnsw.org.au/articles/features/107-taking-the-apocalypse-off-the-agenda-presentation-to-south-asia-foundation.htmlcn
James Low in his 1999 thesis already discussed, seems to suggest that we can
AND
an accidental nuclear war caused by faulty or misinterpreted Early Warning System data".
Missileers would execute lawful orders and are still stuck in the Cold War/deterrence framework
Hodge 8 – Nathan, writer for Jane’s Defence Weekly, and frequent contributor to Slate
 Aug, http://www.thebulletin.org/files/064003005.pdfcn
Other small, yet not insignificant, changes have taken place in the world of
AND
. The same kind of rationale is instilled in the crews about deterrence.”
Miscalc – Yes Miscalc – A2: De-Targeting Solves
De-targeting doesn’t prevent us from launching on warning
Slocombe 8 – Walter, Attorney; Former Under Secretary of Defense for Policy
http://www.ewi.info/system/files/Slocombe.pdfcn
De?targeting does not, however, obviate a ‘launch under attack” (LUA) policy because the de?targeting arrangements are deliberately designed so that targets can be inserted into the force sufficiently rapidly enough to make LUA feasible.
Nukes are still armed, fueled, and targeted at all times
Mintz 5 – Morton, investigative journalist and reporter for over 60 years
Jun, http://oztaboo.com/givepeaceachance/peace2.htmlcn
The cold war is long over, and the United States and Russia are at
AND
will send the messages on receipt of a single computer-delivered command.
A2: ICJ CP – 1AR No Solvency
U.S. won’t implement the decision:
Mexico suits prove
Bellinger 9 – John B., former legal adviser to the State Department
http://www.deathpenaltyinfo.org/new-voices-former-state-department-official-urges-president-implement-ruling-world-court rw
PRESIDENT OBAMA has rightly emphasized America's commitment to complying with international law. It is
AND
, and ordered us to reconsider all of the convictions and death sentences.
US leadership is key to solve warming – the CP doesn’t eliminate first mover advantages
Shine 12 – Connor, Las Vegas Sun quoting a report from the Brookings Institute
Nov 14, Expert: International solution to climate change hinges on U.S. leadership. http://www.lasvegassun.com/news/2012/nov/14/expert-international-solution-climate-change-hinge/cs
Despite repeated attempts over the past decades to create a plan to curb carbon emissions
AND
to regulating carbon emissions could have negative effects on economic competitiveness and trade.
SCS/ECS – 1NC
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.

Tournament: JMU | Round: Octas | Opponent: James Madison Lepp-Miller | Judge: Struth, Susko, Watson

Adv 1

Drones don’t violate international law

Carafano 13 – James Jay, The Atlantic
~Aug 26, http://www.theatlantic.com/international/archive/2013/08/say-what-you-want-about-drones-theyre-perfectly-legal/278740/~~cs-http://www.theatlantic.com/international/archive/2013/08/say-what-you-want-about-drones-theyre-perfectly-legal/278740/5dcs
I hate Obama’s drone war—but, under the law, he has a
AND
the job for many months, he has yet to prove that allegation.

Adv 2

Even a depression would not affect heg – military fundamentals outweigh, and challengers suffer more

Kagan 12 – Robert, Professor of Law, Professor Emeritus of Political Science, Professor in the Graduate School at UC-Berkeley; fellow at the Brookings Institute; expert and frequent commentator on Egypt, the Middle East, U.S. national security, and U.S.-European relations
~Jan 18, http://w w w .tnr.com/article/politics/magazine/99521/america-world-power-declinism?passthru=ZDkyNzQzZTk3YWY3YzE0OWM5MGRiZmIw NGQw NDBiZmI~cn
SOME OF THE ARGUMENTS for America’s relative decline these days would be more potent if
AND
behind both the United States and Europe in terms of per capita GDP.

A2: Executive CP – 2AC Frontline

Solvency ev is terrible – just an ad hom on Obama that says he’s weak-kneed on Guantanamo – if they read new solvency card we get new args in 1AR

Perm: Do Both

Perm: Do the CP – CPs should compete BOTH functionally and textually – key to check CPs that steal 100 of the aff

Executive detention schemes fail

Pearlstein 9 – Deborah N., lecturer in public and international affairs, Woodrow Wilson School of Public 26 International Affairs
~July, "Form and Function in the National Security Constitution," Connecticut Law Review, 41 Conn. L. Rev. 1549~cs
A. Unitary Executive Detention¶ In theory, a detention scheme involving only the
AND
that help to mitigate errors associated with "emergency" decision- making.

Congress key to democratic legitimacy and preventing future vacillation in executive policy

Wittes 9 – Benjamin, senior fellow and research director in public law at the Brookings Institution, Stuart Taylor, an American journalist, graduated from Princeton University and Harvard Law School
~"Legislating the War on Terror: An Agenda for Reform", November 3, Book, p. 329-330~gw
While President Obama’s policy makes a clean break with the Bush record, it actually
AND
past without giving up what the United States will need in the future.

Only Congress can create an NSC

Future presidents prevent solvency

Harvard Law Review 12
"Developments in the Law: Presidential Authority," Vol. 125:2057, www.harvardlawreview.org/media/pdf/vol125_devo.pdf
The recent history of signing statements demonstrates how public opinion can effectively check presidential expansions
AND
practices. 147 Only time, and perhaps public opinion, will tell.

Agent PICs are a voting issue – steal the entire plan function, trade off with substantive debates, are infinitely regressive, and aren’t well-grounded in the literature

Court will roll back the CP

Cooper 2 – Phillip, Professor of Public Administration @ Portland State University
~By Order of the President: The Use and Abuse of Executive Direct Action" pg..77~cn
Despite the apparent deference by the judiciary to the president’s orders, this chapter has
AND
the validity of orders and with addressing the consequences of admittedly legitimate decrees. 

CP links to politics more

Hallowell 13 – Billy, writer for The Blaze, B.A. in journalism and broadcasting from the College of Mount Saint Vincent in Riverdale, New York and an M.S. in social research from Hunter College in Manhattan
~"HERE’S HOW OBAMA IS USING EXECUTIVE POWER TO BYPASS LEGISLATIVE PROCESS" Feb. 11, 2013, http://www.theblaze.com/stories/2013/02/11/heres-how-obamas-using-executive-power-to-bylass-legislative-process-plus-a-brief-history-of-executive-orders/-http://www.theblaze.com/stories/2013/02/11/heres-how-obamas-using-executive-power-to-bylass-legislative-process-plus-a-brief-history-of-executive-orders/~~gw
"In an era of polarized parties and a fragmented Congress, the opportunities to
AND
a partisan content, with contemporary complaints coming from the incumbent president’s opponents."

All the args on the Afghan DA apply – no reason why president is key

Focus on president is wrong

Jonathan Mercer 8/28, 2013, associate professor of political science at the University of Washington in Seattle and a Fellow at the Center for International Studies at the London School of Economics. Bad Reputation, 28 August 2013, www.foreignaffairs.com/articles/139376/jonathan-mercer/bad-reputation
Even if Assad were so simpleminded, the administration’s critics are wrong to suggest that
AND
suicide out of fear that others might later wrongly think one is dead.
It is also possible that the United States did not factor into Assad’s calculations.
AND
, if overthrowing Assad were easy, it would already have been done.
Instead of worrying about U.S. credibility or the president’s reputation, the administration should focus on what can be done to reinforce the longstanding norm against the use of weapons of mass destruction. 

Transfers are irrelevant

Rayner 13 – Martha, associate clinical professor of law at Fordham University School of Law
~May 7, "Obama’s Prisoners at Guantanamo" WSJ~cs
Mr. Obama’s statements at his April 30 press conference displayed this detachment in a
AND
or acknowledge that he has the power to end indefinite detention without trial.

A2: Afghan DA

UQ from 2008 – laughable – 1AC ev proves restrictions now – never cause impact

Great powers won’t intervene in Central Asia – it’s a low priority

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 evidence Afghan stability will spillover

Walt 11 – Stephen, professor of international affairs at Harvard University’s John F. Kennedy School of Government
January/February, Foreign Policy, "Where Do Bad Ideas Come From?"
*empirically denied by Vietnam
*no scholarly ev. to establish domino theory is true
Yet this sadly turns out to be no universal law: There is no inexorable
AND
single setback in a strategic backwater will unleash a cascade of falling dominoes. 

Syria should have triggered DA

Cordseman 13 – Anthony, Arleigh A. Burke Chair in Strategy at the Center for Strategic and International Studies (CSIS) in Washington, D.C.
~9/1, "President Obama and Syria: The ’Waiting for Godot’ Strategy," http://csis.org/publication/president-obama-and-syria-waiting-godot-strategy~~cs
Instead, the Administration first rushed into the kind of rhetoric you only use if
AND
to return for its holiday. The message to the world is obvious.

Oversight doesn’t cut it – other factors outweigh

Holmes 9 – Stephen, Walter E. Meyer Professor of Law, New York University School of Law
~"The Brennan Center Jorde Symposium on Constitutional Law: In Case of Emergency: Misunderstanding Tradeoffs in the War on Terror", April, California Law Review, 97 Calif. L. Rev. 301, Lexis~cs
Even if the promoters of unfettered executive power were justified in associating legal rules with
AND
is the fruit of wishful thinking is the least that might be said.

No link – NSC preserves enough executive power

McCarthy and Velshi 9 – Andrew, Director of the Center for Law 26 Counterterrorism at the Foundation for the Defense of Democracies and Alykhan, attorney at the Center for Law 26 Counterterrorism
~Aug. 20, "Outsourcing American Law," AEI Working Paper, http://www.aei.org/files/2009/08/20/20090820-Chapter6.pdf~~cs
What is an asset in the criminal justice system, however, would be a
AND
be at liberty to create new entitlements by analogizing to ordinary criminal proceedings.

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.

Central Asian democracy causes Uighur secessionism, which will destroy China’s economy.

Martin Andrew, MA in Asian Studies at completing PhD on the PLA, 6/7/2005. "Beijing’s Growing Security Dilemma in Xinjiang," Jamestown Foundation China Brief, http://www.jamestown.org/publications_details.php?volume_id=40826issue_id=335826article_id=2369849-http://www.jamestown.org/publications_details.php?volume_id=40826issue_id=335826article_id=2369849.

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.

Domestic weakness forces China to war to save face

Chuang 2001 (Major Liow Boon, Singapore Armed Forces, Pointer (The Journal of Singapore’s Armed Forces), "A Weak or Strong China: Which Is Better for the Asia-Pacific Region?" Volume 27, Number 1, January-March,
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
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.

U.S.-China war draws in every other nuclear power – that causes extinction

Straits Times 2k
~Jun 25, LEXIS~cn
THE high-intensity scenario postulates a cross-strait war escalating into a full
AND
cannot be ruled out entirely, for China puts sovereignty above everything else. 

2AC – Debt Ceiling

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.

Yellen thumps—Congress wants to know the Fed’s bond-buying status before deciding the debt ceiling

WSJ 9/9—Victoria McGrane and Kristina Peterson, Wall Street Journal
~2013, http://online.wsj.com/news/articles/SB10001424052702303442004579124163838898816-http://online.wsj.com/news/articles/SB10001424052702303442004579124163838898816~~ab
Budget battles on Capitol Hill could draw out the process of confirming Janet Yellen-http://topics.wsj.com/person/Y/Janet-Yellen/5513 as
AND
the way for Ms. Yellen’s confirmation, some Senate Democratic aides said.

Won’t pass and PC isn’t key to debt ceiling

Miller 10/13 – Jake, CBS
~http://www.cbsnews.com/8301-250_162-57607243/republicans-obama-again-at-impasse-over-government-shutdown-now-what/~~gw
With a government shutdown beginning its 13th day and a potential default on the nation’s
AND
also include a mechanism to raise new revenue, which Republicans have resisted. 

Not Intrinsic – a logical policymaker could do the plan and not backlash against the agenda

Must be bundled with the shutdown

Emanuel 10/11 – Mike, FOX
~2013, http://www.foxnews.com/politics/2013/10/11/boehner-pitches-short-term-debt-ceiling-hike-ahead-white-house-meeting/~~cs-http://www.foxnews.com/politics/2013/10/11/boehner-pitches-short-term-debt-ceiling-hike-ahead-white-house-meeting/5dcs
Republican lawmakers scrambled back to the drawing board to modify their plan for a short
AND
the possibility of any negotiations while the partial shutdown is still in effect. 

No impact to Debt Ceiling – even if there is, market investors don’t think so

Reynolds 10/11 – Alan, National Review
~2013, http://www.nationalreview.com/article/360969/focus-debt-alan-reynolds~~cs-http://www.nationalreview.com/article/360969/focus-debt-alan-reynolds5dcs
White House efforts to conflate the looming debt-ceiling deadline with "default"
AND
of their merit per se, those proposals were always completely off topic.

Congress just passed limitations of indefinite detention—non uniques the DA – 1AC Alexander

National Security Court would be bipart

McCarthy 13 – Andrew, senior fellow at the National Review Institute and the executive director of the Philadelphia Freedom Center
~Feb 9, http://www.nationalreview.com/articles/340225/problems-white-paper-andrew-c-mccarthy/page/0/2~~cs-http://www.nationalreview.com/articles/340225/problems-white-paper-andrew-c-mccarthy/page/0/25dcs
For many years, I have argued that we need a new national-security
AND
executive discretion but avoids the dangerous excesses of the Justice Department white paper.

Fiat solves the link – the plan just IS, and Congress like it; the Disad is a "would" question

Winners win

Marshall 11 – Bryan W, Miami University and Brandon C. Prins, Howard H. Baker, Jr. Center for Public Policy
~2011, "Power or Posturing? Policy Availability and Congressional Influence on U.S. Presidential Decisions to Use Force", Sept, Presidential Studies Quarterly 41, no. 3~cs
Presidents rely heavily on Congress in converting their political capital into real policy success.
AND
made with an eye toward managing political capital at home (Fordham 2002).

Framework – 2AC

The role of the ballot is to determine whether hypothetical implementation of the plan is superior to a competitive, reciprocal alternative or the status quo.

1) Ground – non-resolutional frameworks are unpredictable, self-serving, and moot the 1AC

2) Education – they disincentivize topic-specific research and clash, and preclude important discussions about the details of policy

And, aff choice solves their offense

K proper

C

Perm do the plan and all non-con

Perm: Addressing potential abuse of power by the state, as articulated by the aff, should be addressed along with other issues. Giroux would advocate looking at general and particular issues together.

Giroux 2013
 (Henry A. Giroux, Professor at McMaster University in the English and Cultural Studies Department and a Distinguished Visiting Professorship at Ryerson University. The Violence of Organized Forgetting, Truthout | Op-Ed.  Monday, 22 July 2013 00:00, http://www.truth-out.org/opinion/item/17647-the-violence-of-organized-forgetting)
Marginalized youth, workers, artists and others are raising serious questions about the violence
AND
movements for solidarity, and alternative conceptions of politics, democracy and justice.
All of these issues are important, but what must be addressed in the most
AND
~ under carceral supervision - more than were in Stalin’s Gulag."~22~
While there has been considerable coverage in the progressive media given to the violence that
AND
the social state and the corresponding rise of the warfare and punishing state.

Scenario planning is inevitable – better to use it calmly now than irrationally during a real emergency

Ogilvy 3 – James, author; cofounded Global Business Network
~"What Strategists Can Learn from Sartre," http://www.gbn.com/articles/pdfs/Strategists20and20Sartre.pdf~~cn
Such punctuations call for strategies developed prior to the moment of urgency. And as
AND
prefer. (See "How Scenario Planning Explains Uncertainty," page 5.)

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."

Violence is declining

Pinker 11 – Steven, professor of psychology at Harvard,
~The Better Angels of our Nature, October, google books~cs
This book is about what may be the most important thing that has ever happened
AND
terms of psychology and history: how human minds deal with changing circumstances.

Unless we overcome society’s current aversion to debating existential risks, extinction really is inevitable

Bostrom 2 – Nick, Ph.D., Department of Philosophy, Yale University
~"Existential risks: analyzing human extinction scenarios and related hazards" http://www.transhumanist.com/volume9/risks.pdf~~cn
Because of accelerating technological progress, humankind may be rapidly approaching a critical phase in
AND
time and resources to benefiting humankind via global safety compared to other philanthropies.

"Root cause" isn’t offense – we still solve the short-term proximate causes

And, "root cause" arguments are inaccurate and dangerous – combining strategies is key

Martin 90 – Brian, Professor at the University of Wollongong
~Uprooting War, http://www.uow.edu.au/arts/sts/bmartin/pubs/90uw/index.html~~cn
War does not have a single root In this chapter and in the six preceding
AND
the roots of war and developing strategies for grassroots movements to uproot them.

Tournament: JMU | Round: Quarters | Opponent: George Washington Nelson-Salathe | Judge: Brass, Garrett, Koch

T

W/M – We prohibit INDEFINITE DETENTION – detention with a sentence is detention

C/I – Restrict Does not

 Prohibit/Destroy – this ev is comparative====
Words 26 Phrases ’4
~Words 26 Phrases, Vol. 37A, 2004, p. 405.~(NSB)
Miss. 1927. To "restrict" is to restrain within bounds; to limit; to confine, and does not mean to destroy or prohibit.-Dart v. City of Gulfport, 113 So. 441, 147 Miss. 534

They OVERlimit – courts are the heart of literature

PLAN TEXT SOLVES – IGNORE SECOND SENTENCE – TRIED OR RELEASE – THAT’S PROHIBITION OF INDEFINITE DETENTION

We solve their GITMO ev – Those people would be released immediately

No ground loss – we can’t be bidirectional

Extra-T is not a voting issue:

1)  Increases NEG ground through DA links

2)  They can always CP out or simply sever extra-topical parts

3)  Increases policy analysis and education – every plan includes some extra topical part

4)  At worst, reject the extra-T parts of the plan, not the team

Adv 1

Geneva convention V is irrelevant – 1AC Murphy isolates conventions III and IV as crucial IL – we solve those "shall be released by the Detaining Power as soon as the reasons which necessitated his¶ internment no longer exist."

Nations perceive I-law as working – communication ensures that is sufficient

D’Amato 10 – Anthony, Northwestern University School of Law
~Dec, http://scholarlycommons.law.northwestern.edu/cgi/viewcontent.cgi?article=110226context=facultyworkingpapers~~cs-http://scholarlycommons.law.northwestern.edu/cgi/viewcontent.cgi?article=110226context=facultyworkingpapers5dcs
According to the policy-oriented jurisprudence school, therefore, international law is nothing
AND
of these positions may convince the reader that international law is really law. 

Adv 2

Plan text solves their bad court args – even if they WANT to revert to old policies, they can’t since we stipulate detainees MUST be tried or released

Congressional oversight ensures criminal law is followed – Article III NSC is distinct from what their cards assume, which is article I courts

Goldsmith 9 – Jack, Henry L. Shattuck Professor at Harvard Law School
~Feb 4, "Long-Term Terrorist Detention and Our National Security Court"~cs
The national security court might also replace criminal trials by military commission, courts martial
AND
the ordinary criminal trial processes where the government should bear ordinary burdens.45

Only a specialized court system restores credibility – we still solve our advantages

Waxman 9 – Matthew, Professor of Law and Faculty Chair at the Roger Hertog Program on Law and National Security
~Nov 3, "Legislating the War on Terror: An Agenda for Reform"~cs
Judicial review can help safeguard liberty and enhance the credibility at home and abroad of
AND
to contest what with the assistance of counsel? Transparent determinations of what?

Other

A2: Executive CP – 2AC Frontline

Perm: Do Both

Perm: Do the CP – CPs should compete BOTH functionally and textually – key to check CPs that steal 100 of the aff

XO puts a personal stamp on a policy which causes blame to fall on the President

Rodgers 1 – Professor of Law, University of Washington
~Journal of Land, Resources, 26 Environmental Law, LEXIS~cn
The downside of the executive order’s capacity for decisive declaration is that it offers a
AND
that was the motivation for President Nixon’s National Industrial Pollution Control Council. 37

Executive detention schemes fail

Pearlstein 9 – Deborah N., lecturer in public and international affairs, Woodrow Wilson School of Public 26 International Affairs
~July, "Form and Function in the National Security Constitution," Connecticut Law Review, 41 Conn. L. Rev. 1549~cs
A. Unitary Executive Detention¶ In theory, a detention scheme involving only the
AND
that help to mitigate errors associated with "emergency" decision- making.

Congress key to democratic legitimacy and preventing future vacillation in executive policy

Wittes 9 – Benjamin, senior fellow and research director in public law at the Brookings Institution, Stuart Taylor, an American journalist, graduated from Princeton University and Harvard Law School
~"Legislating the War on Terror: An Agenda for Reform", November 3, Book, p. 329-330~gw
While President Obama’s policy makes a clean break with the Bush record, it actually
AND
past without giving up what the United States will need in the future.

Only Congress can create an NSC

NSCs are key – only trials in federal courts give the process legitimacy – that’s (*)

Future presidents prevent solvency

Harvard Law Review 12
"Developments in the Law: Presidential Authority," Vol. 125:2057, www.harvardlawreview.org/media/pdf/vol125_devo.pdf
The recent history of signing statements demonstrates how public opinion can effectively check presidential expansions
AND
practices. 147 Only time, and perhaps public opinion, will tell.

Agent PICs are a voting issue – steal the entire plan function, trade off with substantive debates, are infinitely regressive, and aren’t well-grounded in the literature

Court will roll back the CP

Cooper 2 – Phillip, Professor of Public Administration @ Portland State University
~By Order of the President: The Use and Abuse of Executive Direct Action" pg..77~cn
Despite the apparent deference by the judiciary to the president’s orders, this chapter has
AND
the validity of orders and with addressing the consequences of admittedly legitimate decrees. 

PTX DA

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.

Yellen thumps and will cause fights—Congress wants to know the Fed’s bond-buying status before deciding the debt ceiling

WSJ 9/9—Victoria McGrane and Kristina Peterson, Wall Street Journal
~2013, http://online.wsj.com/news/articles/SB10001424052702303442004579124163838898816-http://online.wsj.com/news/articles/SB10001424052702303442004579124163838898816~~ab
Budget battles on Capitol Hill could draw out the process of confirming Janet Yellen-http://topics.wsj.com/person/Y/Janet-Yellen/5513 as
AND
the way for Ms. Yellen’s confirmation, some Senate Democratic aides said.

Default now – vote count shows Republicans are out

Ornstein 10/9 – Norm, Ph.D., political scientist and resident scholar at the American Enterprise Institute
~2013, http://www.nationaljournal.com/washington-inside-out/congress-must-stop-using-default-as-a-weapon-20131009?mrefid=LeadStoryTiles_large~~cn
How do we get out of this mess? We know it won’t be easy
AND
view a U.S. default as anything but a financial apocalypse."

Not Intrinsic – a logical policymaker could do the plan and not backlash against the agenda

Dems too unless there is a bundle with the shutdown

Emanuel 10/11 – Mike, FOX
~2013, http://www.foxnews.com/politics/2013/10/11/boehner-pitches-short-term-debt-ceiling-hike-ahead-white-house-meeting/~~cs-http://www.foxnews.com/politics/2013/10/11/boehner-pitches-short-term-debt-ceiling-hike-ahead-white-house-meeting/5dcs
Republican lawmakers scrambled back to the drawing board to modify their plan for a short
AND
the possibility of any negotiations while the partial shutdown is still in effect. 

No impact to Debt Ceiling – even if there is, market investors don’t think so

Reynolds 10/11 – Alan, National Review
~2013, http://www.nationalreview.com/article/360969/focus-debt-alan-reynolds~~cs-http://www.nationalreview.com/article/360969/focus-debt-alan-reynolds5dcs
White House efforts to conflate the looming debt-ceiling deadline with "default"
AND
of their merit per se, those proposals were always completely off topic.

Congress just passed limitations of indefinite detention—non uniques the DA

Alexander 13—Janet, law prof @ Stanford
~3/21, illinoislawreview.org/wp-content/ilr-content/articles/2013/2/Alexander.pdf~ab
Congress also passed legislation requiring suspected members of al- Qaeda or "associated forces
AND
, the D.C. Circuit has since rendered those protections toothless.

National Security Court would be bipart

McCarthy 13 – Andrew, senior fellow at the National Review Institute and the executive director of the Philadelphia Freedom Center
~Feb 9, http://www.nationalreview.com/articles/340225/problems-white-paper-andrew-c-mccarthy/page/0/2~~cs-http://www.nationalreview.com/articles/340225/problems-white-paper-andrew-c-mccarthy/page/0/25dcs
For many years, I have argued that we need a new national-security
AND
executive discretion but avoids the dangerous excesses of the Justice Department white paper.

Fiat solves the link – the plan just IS, and Congress like it; the Disad is a "would" question

Winners win

Marshall 11 – Bryan W, Miami University and Brandon C. Prins, Howard H. Baker, Jr. Center for Public Policy
~2011, "Power or Posturing? Policy Availability and Congressional Influence on U.S. Presidential Decisions to Use Force", Sept, Presidential Studies Quarterly 41, no. 3~cs
Presidents rely heavily on Congress in converting their political capital into real policy success.
AND
made with an eye toward managing political capital at home (Fordham 2002).

A2: Targeted Killing Trade-Off DA – 2AC

No risk of drone wars

Joseph Singh 12, researcher at the Center for a New American Security, 8/13/12, "Betting Against a Drone Arms Race," http://nation.time.com/2012/08/13/betting-against-a-drone-arms-race/~~23ixzz2eSvaZnfQ
In short, the doomsday drone scenario Ignatieff and Sharkey predict results from an excessive focus on rapidly-evolving military technology.
Instead, we must return to what we know about state behavior in an anarchistic international order. Nations will confront the same principles of deterrence, for example, when deciding to launch a targeted killing operation regardless of whether they conduct it through a drone or a covert amphibious assault team.
Drones may make waging war more domestically palatable, but they don’t change the very serious risks of retaliation for an attacking state. Any state otherwise deterred from using force abroad will not significantly increase its power projection on account of acquiring drones.
What’s more, the very states whose use of drones could threaten U.S. security – countries like China – are not democratic, which means that the possible political ramifications of the low risk of casualties resulting from drone use are irrelevant. For all their military benefits, putting drones into play requires an ability to meet the political and security risks associated with their use.
Despite these realities, there remain a host of defensible arguments one could employ to discredit the Obama drone strategy. The legal justification for targeted killings in areas not internationally recognized as war zones is uncertain at best.
Further, the short-term gains yielded by targeted killing operations in Pakistan, Somalia and Yemen, while debilitating to Al Qaeda leadership in the short-term, may serve to destroy already tenacious bilateral relations in the region and radicalize local populations.
Yet, the past decade’s experience with drones bears no evidence of impending instability in the global strategic landscape. Conflict may not be any less likely in the era of drones, but the nature of 21st Century warfare remains fundamentally unaltered despite their arrival in large numbers.

Dramatic shift to drones in the SQuo

Lefkowitz 13 – Jay, senior lawyer and former domestic policy advisor to President George W.
~Mar 4, Financial Times, "Drones are no substitute for detention," www.ft.com/cms/s/0/dae6552c-84c2-11e2-891d-00144feabdc0.html~23axzz2dZnIVyqb~cs
Memo to all those critics of Guantánamo Bay: beware what you wish for.
AND
promptly administered through military courts – instead of taking the easy way out.

No drone shift link – too many external factors

Chesney 11 – Robert, Charles I. Francis Professor in Law at the UT School of Law as well as a non-resident Senior Fellow at Brookings
~Oct 17, "Examining the Evidence of a Detention-Drone Strike Tradeoff," www.lawfareblog.com/2011/10/examining-the-evidence-of-a-detention-drone-strike-tradeoff/~cs
Yesterday Jack linked to this piece by Noah Feldman, which among other things advances
AND
detention versus targeting, but something much more complex and difficult to measure.

Turn – an easy path to legal detention solves the shift

Whitlock 13 – Craig, Washington Post
~Jan 1, "Renditions continue under Obama, despite due-process concerns," articles.washingtonpost.com/2013-01-01/world/36323571_1_obama-administration-interrogation-drone-strikes~cs
The three European men with Somali roots were arrested on a murky pretext in August
AND
Renditions, though controversial and complex, represent one of the few alternatives.

No causal link between U.S. drone preferences and others – weaponization is easy and inevitable if they want it

Anderson 11 – Kenneth, Professor of International Law at American University
~Sept. 9, What Kind of Drones Arms Race Is Coming?" http://www.volokh.com/2011/10/09/what-kind-of-drones-arms-race-is-coming/~~23more-51516-http://www.volokh.com/2011/10/09/what-kind-of-drones-arms-race-is-coming/~~cs
New York Times national security correspondent Scott Shane has an opinion piece in today’s Sunday
AND
states competing to come up with weapons technologies that are … more discriminating.

Neolib K

Framework – 2AC

The role of the ballot is to determine whether hypothetical implementation of the plan is superior to a competitive, reciprocal alternative or the status quo.

1) Ground – non-resolutional frameworks are unpredictable, self-serving, and moot the 1AC

2) Education – they disincentivize topic-specific research and clash, and preclude important discussions about the details of policy

And, aff choice solves their offense

LBL

Method is not first – their approach causes useless paradigm wars

Wendt 98 – Alexander, 3rd Most Influential Scholar of IR in the World According to Survey of 1084 IR Scholars
~"On Constitution and Causation in International Relations," British International Studies Association~cn
As a community, we in the academic study of international politics spend too much
AND
sparring over epistemology is often one-sided, intolerant caricatures of science.

And, their internal links assume people with political power – but, reps are inherently open, and only our use can uniquely reclaim them

Oscarson 3 – Christopher, with Anna Kurtz; National Council of Teachers
~"BookTalk: Revising the Discourse of Hate," ProQuest~cn
However, Butler also argues that the daily, repeated use of words owns a
AND
might be able to create spaces for learning in which everyone feels safe.

Violence is declining

Pinker 11 – Steven, professor of psychology at Harvard,
~The Better Angels of our Nature, October, google books~cs
This book is about what may be the most important thing that has ever happened
AND
terms of psychology and history: how human minds deal with changing circumstances.

And, "root cause" arguments are inaccurate and dangerous – combining strategies is key

Martin 90 – Brian, Professor at the University of Wollongong
~Uprooting War, http://www.uow.edu.au/arts/sts/bmartin/pubs/90uw/index.html~~cn
War does not have a single root In this chapter and in the six preceding
AND
the roots of war and developing strategies for grassroots movements to uproot 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.

Liberal economic policies prevent war, imperialism, and otherization

Griswold 98 – Daniel T., associate director of the Center for Trade Policy Studies at the CATO Institute
~Dec 31, http://www.cato.org/pub_display.php?pub_id=5759~~cn
Advocates of free trade have long argued that its benefits are not merely economic.
AND

that no two nations with McDonald’s franchises have ever gone to war.

Aff outweighs:

EITHER they have no brink because the ills of neoliberalism have existed for decades, OR they do and the alt would take too long to solve anyway

We control uniqueness – free market growth solves global poverty and inequality

Frieden 10 – Jeffrey, Professor of Government at Harvard; researches international monetary and financial relations
~Mar 6, http://www.hceronline.com/?q=node/48~~cn
The good news about global inequality is that it has been declining. The world
AND
of broad and deep global markets for goods, capital, and technology. 

Neolib reforms key to space – only way to prevent terminal extinction

Wasser 10 – Alan, premier legal authority on Space Property Rights, former broadcast journalist
~May 9, http://spacebusinessblog.blogspot.com/2010/05/space-property-rights-interview-with.html~~cn
I’m just hoping that, now that the President has made it official, the
AND
forum on the subject that includes a dozen key legislative space aides already.

The ALT only rejects the plan – that doesn’t spillover

And, they can’t wish away neoliberalism – reciprocal fiat power is key to our ability to generate offense

Prosperity makes free market reforms inevitable – and human adaptation solves the bad aspects

Ringmar 5 – Erik, Ph.D., professor of Social and Cultural Studies at the National Chiao Tung University, Taiwan
~Surviving Capitalism: How We Learned to Live with the Market and Remained Almost Human, pp. 4-5~cn
And now we are thus invited to do it all over again. We should
AND
a right that we cannot sell, even if we wanted to.9

Tech means globalization and decentralization are inevitable

Eichengreen 99 – Barry, Ph.D. (Yale), Professor of Economics and Political Science at the U-California, Berkeley
~May/Jun, http://www.foreignaffairs.com/articles/55017/barry-eichengreen/one-economy-ready-or-not-thomas-friedman-s-jaunt-through-globaliz?page=show~~cn
For Friedman, globalization is inevitable and irreversible; the forward march of technology makes
AND
inevitable a transparent, democratic, decentralized, and market-based society.

Perm: Do the plan and all parts of the alternative that don’t explicitly reject it

If the alt solves the status quo, it can overcome any residual link to the plan

Identifying and working to solve the flaws of the neolib market without wholesale rejection is best for alleviating harm

Norberg 3 – Johan, M.A., fellow at the Swedish think tank Timbro, and senior fellow at the CATO Institute
~In Defense of Global Capitalism, pg. 98~cn
Capitalism is not a perfect system, and it is not good for everyone all
AND
world around us, to suggest that another system could do as well?

Tournament: GSU | Round: 1 | Opponent: Iowa CrSh | Judge: Donlan, Nick
Leadership
Tipping point isn’t until 2050
Lemonick 12 – Michael, Professor at Princeton, Senior staff writer of Climate Central, TIME science, and Discovery magazine, educated at Harvard, author of multiple books on astrophysics
Aug 2, http://www.climatespectator.com.au/commentary/how-long-climate-change-tipping-pointcs
Climate change is a serious enough problem, but it could be a lot worse
AND
, “that we can cut back on fossil fuel emissions before that.”
Adaptability arguments don’t assume the rapid rate of current anthropogenic warming – it will be catastrophic
EDF 9 – Environmental Defense Fund
Jan 13, “Global Warming Myths and Facts,” http://www.edf.org/page.cfm?tagID=1011cn
MYTH: We can adapt to climate change — civilization has survived droughts and temperature
AND
itself will not end, the world as we know it may disappear.
K
C
Trying to reduce suffering doesn’t consume us or cause ressentiment – helping people enriches life
Conway 99 – David, Professor of Philosophy at Middlesex University
Jun 5, http://www.bu.edu/wcp/Papers/MPsy/MPsyConw.htmcn
Nonetheless, Nietzsche was mistaken in supposing that it was contrary to the interests of
AND
a benefit and not a bane to the person who has the attitude.
Perm do both
Perm do the alt and all non-comp parts of plan
They assume we just read impacts – promoting a clear policy solution solves paralysis and anxiety
Sandman and Valenti 86 – Peter and JoAnn, Professor of Human Ecology at Rutgers and Risk Communications Expert
“Scared stiff—or scared into action,” http://www.psandman.com/articles/scarstif.htmcn
“The main obstacle to action,” writes Frank, “is neither apathy nor
AND
more inclined to act on solutions they see as more effective.(21)
Rejecting the aff doesn’t solve their impacts, and you should hold the alt to reciprocal fiat power – otherwise it destroys our ability to generate offense
The alt only rejects the plan – there’s no reason that spills over
And, if the alt solves the status quo, it can overcome any residual link to the plan
The K is circular – means there’s no impact and no alt
Musil 7 – Brad, Ph.D. (philosophy), philosopher
Fall, “The Will to Power: An Examination of Nietzsche’s Most Essential Thought,” Onlinecn
While some propose that Nietzsche intends to endorse certain actions or events through his theory
AND
he really did mean it as something universally true of all living beings.
Norms are inevitable – the alt worships secularism and power which ensures nuclear extinction
Fasching 93 – Darrell, professor in USF's religious studies department
The Ethical Challenge of Auschwitz and Hiroshima: Apocalypse or Utopia? pp. 28cn
Our modern technological civilization offers us seemingly infinite utopian opportunities to recreate ourselves (e
AND
us that a normless world will inevitably end in apocalyptic self-destruction.
A2: Executive CP – 2AC Frontline
Perm: Do Both
Perm: Do the CP – CPs should compete BOTH functionally and textually – key to check CPs that steal 100 of the aff
XO puts a personal stamp on a policy which causes blame to fall on the President
Rodgers 1 – Professor of Law, University of Washington
Journal of Land, Resources, and Environmental Law, LEXIScn
The downside of the executive order's capacity for decisive declaration is that it offers a
AND
that was the motivation for President Nixon's National Industrial Pollution Control Council. 37
Executive detention schemes fail
Pearlstein 9 – Deborah N., lecturer in public and international affairs, Woodrow Wilson School of Public and International Affairs
July, "Form and Function in the National Security Constitution," Connecticut Law Review, 41 Conn. L. Rev. 1549cs
A. Unitary Executive Detention¶ In theory, a detention scheme involving only the
AND
that help to mitigate errors associated with "emergency" decision- making.
Congress key to democratic legitimacy and preventing future vacillation in executive policy
Wittes 9 – Benjamin, senior fellow and research director in public law at the Brookings Institution, Stuart Taylor, an American journalist, graduated from Princeton University and Harvard Law School
“Legislating the War on Terror: An Agenda for Reform”, November 3, Book, p. 329-330gw
While President Obama’s policy makes a clean break with the Bush record, it actually
AND
past without giving up what the United States will need in the future.
Only Congress can create an NSC
NSCs are key – only trials in federal courts give the process legitimacy – that’s (*)
Future presidents prevent solvency
Harvard Law Review 12
"Developments in the Law: Presidential Authority," Vol. 125:2057, www.harvardlawreview.org/media/pdf/vol125_devo.pdf
The recent history of signing statements demonstrates how public opinion can effectively check presidential expansions
AND
practices. 147 Only time, and perhaps public opinion, will tell.
Agent PICs are a voting issue – steal the entire plan function, trade off with substantive debates, are infinitely regressive, and aren’t well-grounded in the literature
Court will roll back the CP
Cooper 2 – Phillip, Professor of Public Administration @ Portland State University
By Order of the President: The Use and Abuse of Executive Direct Action” pg..77cn
Despite the apparent deference by the judiciary to the president's orders, this chapter has
AND
the validity of orders and with addressing the consequences of admittedly legitimate decrees.
Traditional Article III court kills legitimacy
Sulmasy 9 – Glenn, Associate Professor of Law at the US Coast Guard Acaedmy
April 13, “THE NEED FOR A NATIONAL SECURITY COURT SYSTEM”cs
Thank you Professor, and special thanks to the Journal as well as Chris Borgen
AND
comes to America’s reputation and credibility abroad on other critical, humanitarian issues.

PTX DA
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. 403-425cs
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.
No impact—investors are expecting this, so markets won’t react
Nicks 9/20—Denver, TIME
http://swampland.time.com/2013/09/20/warren-buffett-debt-ceiling-dispute-is-pretty-damn-dumb/ab
Failing to come to an agreement between Democrats and Republicans on raising the debt ceiling
AND
will only act irrationally for a certain length of time,” he said.
No deal—Obama and GOP are an impasse
Kuhnhenn 9/15—Jim, USA Today
www.usatoday.com/story/money/business/2013/09/14/obama-lehman-anniversary/2813687ab
Obama and Republicans are at a stalemate, however.¶ Obama has proposed some changes
AND
"We have a spending problem. It must be addressed, period."
UQ is backwards – Obama spent all of his PC on Syria—perceived as a loss
Bohan 9/11—Caren, Reuters
http://www.reuters.com/article/2013/09/11/usa-obama-agenda-idUSL2N0H716N20130911ab
WASHINGTON, Sept 11 (Reuters) - Putting off a decision on military strikes
AND
administration and that's a disadvantage in any kind of negotiation," Pitney said.
National Security Court would be bipart
McCarthy 13 – Andrew, senior fellow at the National Review Institute and the executive director of the Philadelphia Freedom Center
Feb 9, http://www.nationalreview.com/articles/340225/problems-white-paper-andrew-c-mccarthy/page/0/2cs
For many years, I have argued that we need a new national-security
AND
executive discretion but avoids the dangerous excesses of the Justice Department white paper.
Fiat solves the link – the plan just IS, and Congress like it; the Disad is a “would” question
Winners win
Marshall 11 – Bryan W, Miami University and Brandon C. Prins, Howard H. Baker, Jr. Center for Public Policy
2011, “Power or Posturing? Policy Availability and Congressional Influence on U.S. Presidential Decisions to Use Force”, Sept, Presidential Studies Quarterly 41, no. 3cs
Presidents rely heavily on Congress in converting their political capital into real policy success.
AND
made with an eye toward managing political capital at home (Fordham 2002).
Obama is hands off—he won’t restrict his own power—Cabinet members would take the blame
Becker 12—Jo, NYT
5/29/12, http://www.nytimes.com/2012/05/29/world/obamas-leadership-in-war-on-al-qaeda.html?pagewanted=alland_r=0ab
Walking out of the Archives, the president turned to his national security adviser at
AND
Emanuel, blocked them, saying health care reform had to go first.
Not Intrinsic – a logical policymaker could do the plan and not backlash against the agenda
Terror DA

Congress has already passed detention restrictions
Alexander 13 – Janet Cooper, law professor at Stanford
March 21, "The Law-Free Zone and Back Again," Illinois Law Review, illinoislawreview.org/wp-content/ilr-content/articles/2013/2/Alexander.pdfcs
Congress also passed legislation requiring suspected members of al- Qaeda or “associated forces
AND
, the D.C. Circuit has since rendered those protections toothless.
Risk of terror high now
Goldberg 13 – J.J. Goldberg, editor in chief of Forward
Published May 31, 2013, issue of June 07, 2013, Real Winner of War on Terror: Osama Bin Laden¶ Decade Later, Terrorists Are Flexing Muscle More Than Ever¶ Read more: http://forward.com/articles/177683/real-winner-of-war-on-terror-osama-bin-laden/?p=all#ixzz2a0jD4R3Mgw
The question is, how far along are we in this war? How much
AND
. It works with a terrorism database maintained by the University of Maryland.
Their I/L is describing the status quo – interrogation methods have been stripped – should trigger the link
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.
Indefinite detention increases terrorist motivation
Roberts 11 – Rodney, Associate Professor of Philosophy at East Carolina University
“Utilitarianism and the Morality of Indefinite Detention”, Criminal Justice Ethics, Vol. 30, No. 1cs
Finally, ‘‘there is no evidence that preventive detention works. Comparative studies of
AND
can be selfdefeating*it may increase the likelihood of future attacks.31
Indefinite detention generates resentment that kills effective cooperation with locals
Hathaway 13 – Oona, Gerard C. and Bernice Latrobe smith Professor of International Law, Yale Law
“The Power To Detain: Detention of Terrorism Suspects After 9/11”, The Yale Journal of International Law, Vol. 38cs
Legitimacy of the trial process is important not only to the individuals charged but also
AND
in recent statements from the Department of Defense and the White House.251
NSC diminishes political influence of terrorists worldwide and dampens blowback
Lunday 8 – Kevin E., Captain and judge advocate in the U.S. Coast Guard, with Harvey Rishikof, professor of law and former chair of the Department of National Security Strategy, National War College
Fall, “Due Process Is a Strategic Choice: Legitimacy and the Establishment of an Article III National Security Court,” 39 Cal. W. Int'l L.J. 87cs
A common objection to the establishment of an NSC is that because the primary purpose
AND
a system that is designed to strategically combat terrorism over the long term.

Tournament: JMU | Round: 1 | Opponent: George Washington Arsht-Stasaski | Judge: Harper
CLS – 2AC
The role of the ballot is to determine whether hypothetical implementation of the plan is superior to a competitive, reciprocal alternative or the status quo.
1) Ground – non-resolutional frameworks are unpredictable, self-serving, and moot the 1AC
2) Education – they disincentivize topic-specific research and clash, and preclude important discussions about the details of policy
And, aff choice solves their offense
Method is not first – their approach causes useless paradigm wars
Wendt 98 – Alexander, 3rd Most Influential Scholar of IR in the World According to Survey of 1084 IR Scholars
“On Constitution and Causation in International Relations,” British International Studies Associationcn
As a community, we in the academic study of international politics spend too much
AND
sparring over epistemology is often one-sided, intolerant caricatures of science.
No impact – law is net good
Huq 12 – Aziz Z., Assistant Professor of Law, University of Chicago Law School
"Binding the Executive (by Law or by Politics)", May 25, www.law.uchicago.edu/files/file/400-ah-binding.pdfcs
The Executive Unbound paints a n image of executive discretion almost or completely unbridled by
AND
up the statutory status quo ante play a role in delimiting executive discretion.
The alt fails – reformism is empirically more successful than revolutionary withdrawal
Kazin 11 – Michael, Professor of History at Georgetown
Has the US Left Made a Difference, Dissent Spring p. 52-54cs
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.”
Perm do the plan and all non-competitive parts of the alternative – if the alt can overcome the squo, it can overcome the residual link to the plan
Perm solves – can incorporate the alt
Altman 90 – Andrew, Professor of Philosophy at Georgia State
Critical Legal Studies:  A Liberal Critique, page 8cs
In addition, it would be a distortion of liberal theory to suggest that it
AND
demand or prohibiting antilegalism from going so far as to destroy all legal institution
Critical legal philosophy can’t explain the world
Stick 86 – John, Assistant Professor of Law at Tulane University School of Law
“Can Nihilism Be Pragmatic?”, Harvard Law Review, Vol. 100, No. 2 (Dec., 1986), pp. 332-401, JSTORcs
This Article examines the relationship between the critical legal nihilists and the philosophers they rely
AND
a fortiori Singer is too much of an irrationalist for the others. 18
Legal positivism is the best methodology – refined by the moral sentiment of the community.
Finnis 96 – Professor of Law at Oxford and Notre Dame
 John, “The Truth in Legal Positivism,” in The Autonomy of Law, ed. Robert P. George. Oxford: Clarendon Press, pp. 195-214cs
‘There is a necessary or conceptual connection between law and morality.’ True
AND
moral force to those parts of its positive law which are morally acceptable.¶
Our framing of warming overcomes disbelief and mobilizes public responses
Romm 12 – Joe, Ph.D. in physics from MIT, Fellow at American Progress and is the editor of Climate Progress, acting assistant secretary of energy for energy efficiency and renewable energy in 1997, Time named him a “Hero of the Environment? and “The Web’s most influential climate-change blogger.”
“Apocalypse Not: The Oscars, The Media And The Myth of ‘Constant Repetition of Doomsday Messages’ on Climate”, http://thinkprogress.org/romm/2012/02/26/432546/apocalypse-not-oscars-media-myth-of-repetition-of-doomsday-messages-on-climate/#more-432546cs
The two greatest myths about global warming communications are 1) constant repetition of doomsday
AND
by most of the rest of the media, intelligentsia and popular culture.

Cap key to solve warming
Whitman 8 – Janet, US Business Correspondent at Canada's National Post
Feb 19, http://www.financialpost.com/story.html?id=317551
Global warming may soon get a saviour more effective than Al Gore and his doomsday
AND
give the product away and reap the financial reward from government carbon credits.
You have an a priori ethical obligation to affirm private property rights
Hoppe 93 – Hans-Hermann, Professor of Economics at UNLV
Mar 31, http://www.mises.org/store/Economics-and-Ethics-of-Private-Property-P288C0.aspx?AFID=1
First, it must be noted that the question of what is just or unjust
AND
rights now, and cannot wait for them to be assigned only later.
Aff outweighs:
EITHER they have no brink because the ills of capitalism have existed for centuries, OR they do and the alt would take too long to solve anyway
Cap prevents war
Griswold 5 – Daniel, director of the Center for Trade Policy Studies at CATO
Dec 28, http://www.freetrade.org/node/282cn
As one little-noticed headline on an Associated Press story recently reported, "
AND
measured in terms of intellectual property, financial assets, and human capital.
A2: Capitalism K – 2AC ALT Frontline
The ALT only rejects the plan – that doesn’t spillover
And, they can’t wish away capitalism – reciprocal fiat power is key to our ability to generate offense
The desire for growth is innate – the alt fails and leads to poverty, violence, and no meaning to life
Aligica 3 – Paul, Fellow at the Mercatus Center at George Mason and Adjunct Fellow at the Hudson Institute
Apr 21, http://www.hudson.org/index.cfm?fuseaction=publication_detailsandid=2827cn
Stopping things would mean if not to engage in an experiment to change the human
AND
are trying to avoid" (Kahn, 1976, 210; 1984).
Vote aff to vote neg – the ballot is a form of capital that they’re trying to earn by debating better than us
Cap is inevitable – human adaptation solves the bad aspects
Ringmar 5 – Erik, Ph.D., professor of Social and Cultural Studies at the National Chiao Tung University, Taiwan
Surviving Capitalism: How We Learned to Live with the Market and Remained Almost Human, pp. 4-5cn
And now we are thus invited to do it all over again. We should
AND
a right that we cannot sell, even if we wanted to.9

A2: Neoliberalism K – 2AC IMPACT Frontline
Aff outweighs:
EITHER they have no brink because the ills of neoliberalism have existed for decades, OR they do and the alt would take too long to solve anyway
Liberal economic policies prevent war, imperialism, and otherization
Griswold 98 – Daniel T., associate director of the Center for Trade Policy Studies at the CATO Institute
Dec 31, http://www.cato.org/pub_display.php?pub_id=5759cn
Advocates of free trade have long argued that its benefits are not merely economic.
AND

that no two nations with McDonald's franchises have ever gone to war.
There’s no scenario for their impacts under Obama – all their ev. assumes Bush
We control uniqueness – free market growth solves global poverty and inequality
Frieden 10 – Jeffrey, Professor of Government at Harvard; researches international monetary and financial relations
Mar 6, http://www.hceronline.com/?q=node/48cn
The good news about global inequality is that it has been declining. The world
AND
of broad and deep global markets for goods, capital, and technology.
Neolib reforms key to space – only way to prevent terminal extinction
Wasser 10 – Alan, premier legal authority on Space Property Rights, former broadcast journalist
May 9, http://spacebusinessblog.blogspot.com/2010/05/space-property-rights-interview-with.htmlcn
I'm just hoping that, now that the President has made it official, the
AND
forum on the subject that includes a dozen key legislative space aides already.
A2: Executive CP – 2AC Frontline
CP text flaw – says that “Congress should mandate that all such individuals are tried – means they link to the N/B
Perm: Do Both
Perm: Do the CP – CPs should compete BOTH functionally and textually – key to check CPs that steal 100 of the aff
XO puts a personal stamp on a policy which causes blame to fall on the President
Rodgers 1 – Professor of Law, University of Washington
Journal of Land, Resources, and Environmental Law, LEXIScn
The downside of the executive order's capacity for decisive declaration is that it offers a
AND
that was the motivation for President Nixon's National Industrial Pollution Control Council. 37
Executive detention schemes fail
Pearlstein 9 – Deborah N., lecturer in public and international affairs, Woodrow Wilson School of Public and International Affairs
July, "Form and Function in the National Security Constitution," Connecticut Law Review, 41 Conn. L. Rev. 1549cs
A. Unitary Executive Detention¶ In theory, a detention scheme involving only the
AND
that help to mitigate errors associated with "emergency" decision- making.
Congress key to democratic legitimacy and preventing future vacillation in executive policy
Wittes 9 – Benjamin, senior fellow and research director in public law at the Brookings Institution, Stuart Taylor, an American journalist, graduated from Princeton University and Harvard Law School
“Legislating the War on Terror: An Agenda for Reform”, November 3, Book, p. 329-330gw
While President Obama’s policy makes a clean break with the Bush record, it actually
AND
past without giving up what the United States will need in the future.
Only Congress can create an NSC – Lunday
Future presidents prevent solvency
Harvard Law Review 12
"Developments in the Law: Presidential Authority," Vol. 125:2057, www.harvardlawreview.org/media/pdf/vol125_devo.pdf
The recent history of signing statements demonstrates how public opinion can effectively check presidential expansions
AND
practices. 147 Only time, and perhaps public opinion, will tell.
Agent PICs are a voting issue – steal the entire plan function, trade off with substantive debates, are infinitely regressive, and aren’t well-grounded in the literature
Court will roll back the CP
Cooper 2 – Phillip, Professor of Public Administration @ Portland State University
By Order of the President: The Use and Abuse of Executive Direct Action” pg..77cn
Despite the apparent deference by the judiciary to the president's orders, this chapter has
AND
the validity of orders and with addressing the consequences of admittedly legitimate decrees.
C
A2: Prez Powers DA – 2AC
Heg solves the impact
Middle East conflicts won’t escalate
Maloney and 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.aspxcn
Yet, the Saudis, Iranians, Jordanians, Syrians, and others are very
AND
its civil strife and prevent local conflicts from enveloping the entire Middle East.
No Israeli strike
Feldman 12 – Shia, Judith and Sidney Swartz Director of the Crown Center for Middle East Studies at Brandeis University and is a Senior Fellow at the Harvard Kennedy School's Belfer Center for Science and International Affairs
8/20/12, The Israeli debate on attacking Iran is over, mideast.foreignpolicy.com/posts/2012/08/20/the_israeli_debate_on_attacking_iran_is_overgw
For all practical purposes this weekend ended the Israeli debate on attacking Iran. What
AND
nuclear installations. The debate has been settled. At least for now.   
Warming causes the impact – regional wars due to resource shortages – makes tensions high
Syria tanked resolve
Cordseman 13 – Anthony, Arleigh A. Burke Chair in Strategy at the Center for Strategic and International Studies (CSIS) in Washington, D.C.
9/1, “President Obama and Syria: The ‘Waiting for Godot’ Strategy,” http://csis.org/publication/president-obama-and-syria-waiting-godot-strategycs
Instead, the Administration first rushed into the kind of rhetoric you only use if
AND
to return for its holiday. The message to the world is obvious.
Their internal link is wrong – tech advances and elusive enemies cannot be deterred
Holmes 9 – Stephen, Walter E. Meyer Professor of Law, New York University School of Law
“The Brennan Center Jorde Symposium on Constitutional Law: In Case of Emergency: Misunderstanding Tradeoffs in the War on Terror”, April, California Law Review, 97 Calif. L. Rev. 301, Lexiscs
Even if the promoters of unfettered executive power were justified in associating legal rules with
AND
is the fruit of wishful thinking is the least that might be said.
No link – NSC preserves executive flexibility
McCarthy and Velshi 9 – Andrew, Director of the Center for Law and Counterterrorism at the Foundation for the Defense of Democracies and Alykhan, attorney at the Center for Law and Counterterrorism
Aug. 20, “Outsourcing American Law,” AEI Working Paper, http://www.aei.org/files/2009/08/20/20090820-Chapter6.pdfcs
What is an asset in the criminal justice system, however, would be a
AND
be at liberty to create new entitlements by analogizing to ordinary criminal proceedings.
Focus on prez action causes terrible policy---the aff's a better approach
Jonathan Mercer 8/28, 2013, associate professor of political science at the University of Washington in Seattle and a Fellow at the Center for International Studies at the London School of Economics. Bad Reputation, 28 August 2013, www.foreignaffairs.com/articles/139376/jonathan-mercer/bad-reputation

Even if Assad were so simpleminded, the administration’s critics are wrong to suggest that
AND
of mass destruction.
Their impact evidence is describing the SQ
Joffe 13 – Josef, WSJ
Exploiting Obama's Foreign Policy Retreatcs
"We are extremely disappointed," the White House press secretary said after Moscow granted
AND
in the Middle East has been a top American priority since the 1970s.
and Imperial Japan. In our time, it is second-rate powers like Russia and Iran, and non-nations like Hezbollah, that are taking on the United States, and they do so because they can.

Tournament: Bulldogdebates | Round: 2 | Opponent: Georgia Boyce-Feinberg | Judge: Brass

T – Prohibit

Restriction means a limit or qualification, and includes conditions on action

CAA 8
~COURT OF APPEALS OF ARIZONA, DIVISION ONE, DEPARTMENT A, STATE OF ARIZONA, Appellee, v. JEREMY RAY WAGNER, Appellant., 2008 Ariz. App. Unpub. LEXIS 613~cs
P10 The term "restriction" is not defined by the Legislature for the purposes
AND
natural and obvious meaning, which may be discerned from its dictionary definition.").
P11 The dictionary definition of "restriction" is "~a~ limitation or qualification
AND
dictate that the term "restriction" includes the ignition interlock device limitation.

"Statutory restriction" means limits imposed by legislation

Black’s Law
~"statutory restriction", http://thelawdictionary.org/statutory-restriction/-http://thelawdictionary.org/statutory-restriction/, accessed 9/20/13~cs
Limits or controls that have been placed on activities by its ruling legislation.

And, this is not a reason to reject us:

1) There’s no in-round abuse – and we have a solvency advocate and pass the one-card test
2) Good is good enough – our interpretation provides predictable limits and fair ground,– "best interpretation" is a myth since marginal differences in limits and ground are subjective and outweighed by the loss in aff predictability and substantive crowd-out

A2: Drone-Shift DA 2AC *Updated*

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

Dramatic shift to drones in the SQuo

Lefkowitz 13 – Jay, senior lawyer and former domestic policy advisor to President George W.
~Mar 4, Financial Times, "Drones are no substitute for detention," www.ft.com/cms/s/0/dae6552c-84c2-11e2-891d-00144feabdc0.html~23axzz2dZnIVyqb~cs
Memo to all those critics of Guantánamo Bay: beware what you wish for.
AND
promptly administered through military courts – instead of taking the easy way out.

No drone shift link – too many external factors

Chesney 11 – Robert, Charles I. Francis Professor in Law at the UT School of Law as well as a non-resident Senior Fellow at Brookings
~Oct 17, "Examining the Evidence of a Detention-Drone Strike Tradeoff," www.lawfareblog.com/2011/10/examining-the-evidence-of-a-detention-drone-strike-tradeoff/~cs
Yesterday Jack linked to this piece by Noah Feldman, which among other things advances
AND
detention versus targeting, but something much more complex and difficult to measure.

Bringing credibility to detention solves the shift

Whitlock 13 – Craig, Washington Post
~Jan 1, "Renditions continue under Obama, despite due-process concerns," articles.washingtonpost.com/2013-01-01/world/36323571_1_obama-administration-interrogation-drone-strikes~cs
The three European men with Somali roots were arrested on a murky pretext in August
AND
Renditions, though controversial and complex, represent one of the few alternatives.

Their internal link is hype – other countries don’t make drone choices based on US policies – it’s too easy to get the tech

Anderson 11 – Kenneth, Professor of International Law at American University
~Sept. 9, What Kind of Drones Arms Race Is Coming?" http://www.volokh.com/2011/10/09/what-kind-of-drones-arms-race-is-coming/~~23more-51516-http://www.volokh.com/2011/10/09/what-kind-of-drones-arms-race-is-coming/~~cs
New York Times national security correspondent Scott Shane has an opinion piece in today’s Sunday
AND
states competing to come up with weapons technologies that are … more discriminating.

A2: Supreme Courts CP – 2AC

Perm do both

Congress will rollback judicial limits on war powers – and CP links to politics even if rollback fails

Katz 8 – Martin, J.D. (Yale), Associate Professor of Law, University of Denver College of Law
~Aug 17, GUANTANAMO, BOUMEDIENE, AND JURISDICTION-STRIPPING: THE IMPERIAL PRESIDENT MEETS THE IMPERIAL COURT, http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1250222~~cn
First, in the wake of controversial federal court decisions, opponents have¶ occasionally
AND
engaged the minds of many of the¶ country’s finest constitutional scholars.13

Agent CPs are a voting issue – kill topic education by focusing on trivial distinctions in process, steal the entire aff and encourage vague plans. Years of agent debates mean there’s no offense – reject the team to set a precedent

This is empirically proven in the context of detention

Katz 8 – Martin, J.D. (Yale), Associate Professor of Law, University of Denver College of Law
~Aug 17, GUANTANAMO, BOUMEDIENE, AND JURISDICTION-STRIPPING: THE IMPERIAL PRESIDENT MEETS THE IMPERIAL COURT, http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1250222~~cn
In this respect, one might even comment on the Court’s restraint. The¶
AND
Thus, the Court may have decided to take that role upon itself.

Delays and security issues means CP doesn’t solve

Guioria 9 – Amos N., Professor of Law at the Quinney College of Law, University of Utah
~"Creating a Domestic Terror Court~cs
As mentioned above, this article assumes that both traditional Article III courts and international
AND
purposes but cannot under any circumstances-be the sole basis of conviction.

Civilian trials aren’t suited for detainees– increases risk of terror and makes the process less efficient

Goldsmith 9 – Jack, Henry L. Shattuck Professor at Harvard Law School
~Feb 4, "Long-Term Terrorist Detention and Our National Security Court"~cs
As a result of these considerations, insistence on the exclusive use of criminal trials
AND
, while reviewing the adequacy of the factual basis for each detention judgment.

Nuke terrorism triggers nuclear war with Russia and China

Ayson 10 – Robert, Professor of Strategic Studies and Director of the Centre for Strategic Studies: New Zealand at the Victoria University of Wellington
~"After a Terrorist Nuclear Attack: Envisaging Catalytic Effects," Studies in Conflict 26 Terrorism, Volume 33, Issue 7, July, Available Online to Subscribing Institutions via InformaWorld~cn
A terrorist nuclear attack, and even the use of nuclear weapons in response by
AND
for the terrorists. This might not help the chances of nuclear restraint.

Perm do the Counterplan

It has to be Congress – they’ll block any other branch otherwise

Warren 12 – Vincent, executive director of the Center for Constitutional Rights
~Nov 16, "Congress Should Close Guantánamo," http://www.nytimes.com/roomfordebate/2012/01/09/guantanamo-10-years-later/congress-should-close-guantanamo~~cn
From its inception, Guantánamo was intended to be a legal black hole, designed
AND
where appropriate and repeal the detainee provisions of the National Defense Authorization Act.

C

SSD 2AC

We need 300 nuclear weapons to ensure deterrence—the status quo is way too much—zero impact to cutting the arsenal

Walt 10 – Professor at the Harvard Kennedy School of Government, Ph.D. in IR
~Stephen, 24 May 2010, All the nukes that you can use, http://walt.foreignpolicy.com/posts/2010/05/24/all_the_nukes_that_you_can_use-http://walt.foreignpolicy.com/posts/2010/05/24/all_the_nukes_that_you_can_use~~gw
Schaub and Forsythe argue that the United States could satisfy all its legitimate security requirements
AND
nuclear security, I think Schaub and Forsythe’s article should be taken seriously. 

Geneva checks WMD escalation

Koplow 5 – David A., professor of law at Georgetown
~Spring, "Tangled Up in Khaki and Blue," 36 Geo. J. Int’l L., Lexis~cs
A second crucial principle of international humanitarian law is that of discrimination or distinction:
AND
to pepper spray to acoustic waves have undergone and survived this gauntlet. n144

Broad interpretation of the doctrine is unsustainable - cases that limit its application key to strengthen it

Frost 7 – Amanda, Associate Professor of Law, American University Washington College of Law
~"Reforming the State Secrets Privilege", http://www.acslaw.org/files/Frost20FINAL.pdf-http://www.acslaw.org/files/Frost FINAL.pdf~cs
As scholars, lawyers, and policymakers have recognized, the executive branch can place
AND
claims of privilege, it should better police its assertions of the privilege. 

State secrets privilege has already been reduced – Jewel v NSA

DailyKos 13 ("State Secrets, Slightly Rolled Back", http://www.dailykos.com/story/2013/07/09/1222315/-State-Secrets-Slightly-Rolled-Back-http://www.dailykos.com/story/2013/07/09/1222315/-State-Secrets-Slightly-Rolled-Back)

In 2012, back in district court, the government moved to dismiss, for
AND
thus becomes a matter of the amount of evidence that can be disclosed.

The court has continuously broken state secrets for detention

Adelsberg 12 – Samuel, JD Yale Law
~"Bouncing the Executive’s Blank Check: Judicial Review and the Targeting of Citizens," Summer, 6 Harv. L. 26 Pol’y Rev. 437, lexis~cs
Far from giving the executive an unfettered national security mandate, the Supreme Court has
AND
the latter situation, the damage is fatal, and thus irreversible. 30

Plan preserves state secrets doctrine

Sulmasy 9 – Glenn M., professor of law at the U.S. coast Guard Academy, with Andrea K. Logman, Assistant professor of law at the U.S. Coast Guard Academy
~12/22, http://www.thefreelibrary.com/A+hybrid+court+for+a+hybrid+war.-a0231313730~~ab-http://www.thefreelibrary.com/A+hybrid+court+for+a+hybrid+war.-a02313137305dab
The NSCS will conduct open hearings. However, as a result of the sensitive
AND
and government agents fighting in the ongoing armed conflict against al-Qaeda. 

Al-aulaqi case pounds and proves no spillover

NYT 13
~"Court Orders the C.I.A. to Disclose Drone Data," Charlie Savage, March 15, http://www.nytimes.com/2013/03/16/us/court-says-cia-must-yield-some-data-on-drones.html?_r=0~~cs
WASHINGTON — A federal appeals court held Friday that the Central Intelligence Agency must disclose
AND
memorandums related to the killing of both citizens and to targeted killings generally.

No link – state secrets is a question of standing –breaking it in this instance simply grants standing, it doesn’t "destroy the doctrine"

EFF 12 – Electronic Frontier Foundation
~Foundation "The State Secrets Privilege", https://www.eff.org/nsa-spying/state-secrets-privilege)\~cs
What is the State Secrets Privilege The Supreme Court recognized the ’state secrets’ privilege
AND
facts from judicial review if plaintiffs had the same evidence from another source.

2AC—Iran

Just released detainees from Gitmo – DA is n/u

Rosenberg 1/2
~Carol Rosenberg - The Miami Herald/McClatchy-Tribune, Guantanamo releases picked up as 2013 drew to a close, Corpus Christi Caller-Times, Janaury 2, 2014joe)
In rapid succession, the U.S. in December sent Guantanamo prisoners home
AND
-by-case basis, fashioning specific solutions for each individual captive.

Zero risk of Iran strikes

Maloney 14 – Suzanne, Brookings Center Senior fellow
~1/13, Six Myths about Iran Sanctions, www.brookings.edu/blogs/iran-at-saban/posts/2014/01/7-iran-sanctions-nuclear-deal-myths?utm_content=bufferb504526utm_medium=social26utm_source=twitter.com26utm_campaign=buffer~23~cs
Myth 6. Support for additional Iran sanctions is the equivalent of support for war
AND
for blunting Iran’s nuclear advances, including many that fall short of war.

No sanctions now – Momentum has reversed and next time, Reid will be key

Bendry 1/30 – Jennifer, with Luke Johnson
~2014, Iran Sanctions Bill ’On Ice’ As Momentum Fades In Senate. Huffington Post~cs
It took a presidential veto threat and Senate Majority Leader Harry Reid’s refusal to budge
AND
off of it," said Sen. John McCain (R-Ariz.).

Reid thinks flexible trials are best – he loves the plan

Lim 11 – David, Institute for National Security and Counter-Terrorism, Syracuse
~Oct 4, http://www.nationalsecuritylaw.info/2011/10/detention-of-terror-suspects-blocks-defense-bill-ap/~~cs-http://www.nationalsecuritylaw.info/2011/10/detention-of-terror-suspects-blocks-defense-bill-ap/5dcs
On October 4, 2011, the Associated Press reported that a defense appropriations bill
AND
has approximately 11 weeks remaining in the session to vote on the bill.

National Security Court would be bipart

McCarthy 13 – Andrew, senior fellow at the National Review Institute and the executive director of the Philadelphia Freedom Center
~Feb 9, http://www.nationalreview.com/articles/340225/problems-white-paper-andrew-c-mccarthy/page/0/2~~cs-http://www.nationalreview.com/articles/340225/problems-white-paper-andrew-c-mccarthy/page/0/25dcs
For many years, I have argued that we need a new national-security
AND
executive discretion but avoids the dangerous excesses of the Justice Department white paper.

Winners win

Marshall 11 – Bryan W, Miami University and Brandon C. Prins, Howard H. Baker, Jr. Center for Public Policy
~2011, "Power or Posturing? Policy Availability and Congressional Influence on U.S. Presidential Decisions to Use Force", Sept, Presidential Studies Quarterly 41, no. 3~cs
Presidents rely heavily on Congress in converting their political capital into real policy success.
AND
made with an eye toward managing political capital at home (Fordham 2002).

Obama has no PC left

Business Monitor 1/24
~2014, Foreign Policy - Obama’s Foreign Policy In 2014: Risks Outweigh Opportunities. Lexis~cs
The deterioration in public opinion is consistent across party identification, with Democrats, Republicans
AND
to push for his priorities in the final three years of his presidency.

Fiat solves the link – the plan just IS, and Congress like it; the Disad is a "would" question

"Political Capital" is a myth

Hirsh, 13 — Chief correspondent for National Journal
~Michael Hirsh, Chief correspondent for National Journal; previously served as the senior editor and national economics correspondent for Newsweek, based in its Washington bureau, There’s No Such Thing as Political Capital, National Journal, February 7, 2013.~(nsb)
On Tuesday, in his State of the Union address, President Obama will do
AND
to do with Obama’s political capital or, indeed, Obama at all.

Not Intrinsic – a logical policymaker could do the plan and not backlash against the agenda

Obama is hands off—he won’t restrict his own power—Cabinet members would take the blame

Becker 12—Jo, NYT
~5/29/12, http://www.nytimes.com/2012/05/29/world/obamas-leadership-in-war-on-al-qaeda.html?pagewanted=all26_r=0~~ab
Walking out of the Archives, the president turned to his national security adviser at
AND
Emanuel, blocked them, saying health care reform had to go first.

Tournament: Shirley | Round: 2 | Opponent: Bard College Daniszewski-Nesser | Judge: Leader
FW
Prefer our Interpretation:
First, limits on affirmative ground are key to focused deliberation about the issues we discuss – that’s key to inculcate decision-making skills
Steinberg and Freeley 8 – Austin J. Freeley is a Boston based attorney who focuses on criminal, personal injury and civil rights law, and David L. Steinberg , Lecturer of Communication Studies at U Miami
Argumentation and Debate: Critical Thinking for Reasoned Decision Making pp45-gw
Debate is a means of settling differences, so there must be a difference of
AND
particular point of difference, which will be outlined in the following discussion.
Decision-making is key to solve multiple existential risks
Lundberg 10 – Christian O., Professor of Communications @ University of North Carolina, Chapel Hill,
“Tradition of Debate in North Carolina” in Navigating Opportunity: Policy Debate in the 21st Century By Allan D. Louden, p311gw
The second major problem with the critique that identifies a naivety in articulating debate and
AND
with the existential challenges to democracy in an increasingly complex world.
Second, their interpretation deprives the neg of the best ground for debate – agreeing on problems is easy – identifying solutions is the real ground for debate
Rosenthal 9 – Alan, professor of public policy and political science at Rutgers University
Jul, http://www.ncsl.org/documents/public/trust/LessonPlans_HS.pdfcn
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.
Third, in-depth debates about policymaking are key to create effective activists 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.htmcn
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."
Fourth, defending both sides of issues encourages self-reflexive behavior, which breaks down dogmatism and checks totalitarianism
Roberts-Miller 3 – Patricia, Associate Professor of Rhetoric at the University of Texas
"Fighting Without Hatred:Hannah Ar endt ' s Agonistic Rhetoric" JAC 22.2 2003 Totalitarianism and the Competitive Space of Agonismgw
Arendt is probably most famous for her analysis of totalitarianism (especially her The Origins
AND
is permitted to present itself in only one perspective. (Human 58)
What Arendt so beautifully describes is that isolation and individualism are not corollaries, and
AND
even similarly but not exactly together is what Arendt calls the "social."
Arendt does not mean that group behavior is impossible in the realm of the social
AND
. Thus, it is, as Arendt says, rule by nobody.
It is illustrative to contrast Arendt's attitude toward discourse to Habermas'. While both are
AND
discourse involved in public action include myths, stories, and personal narratives.
Furthermore, the competition is not ruthless; it does not imply a willingness to
AND
one of different people who argue with passion, vehemence, and integrity.
Continued…
Eichmann perfectly exemplified what Arendt famously called the "banal¬ity of evil"
AND
disparaging conformism" that characterizes those who people totalitarian systems (Pitkin 87).
Arendt's theorizing of totalitarianism has been justly noted as one of her strongest contributions to philosophy. She saw that a situation like Nazi Germany is different from the conventional understanding of a tyranny. Pitkin writes,
Totalitarianism cannot be understood, like earlier forms of domination, as the ruthless exploitation of some people by others, whether the motive be selfish calculation, irrational passion, or devotion to some cause. Understanding totalitarianism's essential nature requires solving the central mystery of the holocaust—the objectively useless and indeed dysfunctional, fanatical pursuit of a purely ideological policy, a pointless process to which the people enacting it have fallen captive. (87)
Totalitarianism is closely connected to bureaucracy; it is oppression by rules, rather than by people who have willfully chosen to establish certain rules. It is the triumph of the social.
Critics (both friendly and hostile) have paid considerable attention to Arendt's category of
AND
and turning us into robots that mechanically serve its purposes" (4).
Pitkin is critical of this version of the "social" and suggests that Arendt
AND
put it another way, theories of powerlessness are self-fulfilling prophecies.
Arendt grants that there are people who willed the Holocaust, but she insists that
AND
"critical thought is in principle anti-authoritarian" (Lectures 38).
By "thought" Arendt does not mean eremitic contemplation; in fact, she
AND
that harmony. One must consider carefully the arguments and viewpoints of others:
Political thought is representative. I form an opinion by considering a given issue from
AND
more valid my final conclusions, my opinion. ("Truth" 241)
There are two points to emphasize in this wonderful passage. First, one does
AND
a world into which one enters and by which one might be changed.
Second, passages like the above make some readers think that Arendt puts too much
AND
destroy truth, but they cannot replace it" ("Truth" 259).
Facts have a strangely resilient quality partially because a lie "tears, as it
AND
of opinion is a farce unless factual information is guaranteed" (238).
The sort of thinking that Arendt propounds takes the form of action only when it
AND
thoughts without reference to anyone else or to let others do one's thinking.
Arendt's Polemical Agonism
As I said, agonism does have its advocates within rhetoric—Burke, Ong
AND
"understood and believed" by others (Shape 5; emphasis added).
Arendt's version is what one might call polemical agonism: it puts less emphasis on
AND
polemical agonism, success may be marked through the quality of subsequent controversy.
Arendt quotes from a letter Kant wrote on this point:
You know that I do not approach reasonable objections with the intention merely of refuting them, but that in thinking them over I always weave them into my judgments, and afford them the opportunity of overturning all my most cherished beliefs. I entertain the hope that by thus viewing my judgments impartially from the standpoint of others some third view that will improve upon my previous insight may be obtainable. {Lectures 42)
Kant's use of "impartial" here is interesting: he is not describing a
AND
butprovocative application of Arendt's notion of common, see Hauser 100-03).
In polemical agonism, there is a sense in which one' s main goal is
AND
¬larged" {Lectures 39); he wanted interlocutors, not acolytes.
This is not consensus-based argument, nor is it what is sometimes called
AND
, the conflictual versus the collaborative, or argument as opposed to debate.
Second, while polemical agonismrequires diversity among interlocutors, and thus seems an extraordinarily appropriate
AND
of argument versus when we are lusting for dominion ("Truth" 263).
Like other proponents of agonism, Arendt argues that rhetoric does not lead individuals or
AND
in lack of imagination and failure to judge" ("Truth" 242).
Agonism demands that one simultaneously trust and doubt one' s own perceptions, rely on
AND
these few have not become fewer in our time" {Human 324).
Yet, there are important positive political consequences of agonism.
Arendt' s own promotion of the agonistic sphere helps to explain how the system could
AND
is, engage in rhetoric—then they are engaging in antitotalitarian action.
In post-Ramistic rhetoric, it is a convention to have a thesis,
AND
not relativist, adversarial but not violent, independent but not expressivist rhetoric.

Tournament: GSU | Round: 4 | Opponent: James Madison BoMi | Judge: Atchison, Jarrod
ILaw
Turn – an easy path to legal detention solves the shift
Whitlock 13 – Craig, Washington Post
Jan 1, "Renditions continue under Obama, despite due-process concerns,” articles.washingtonpost.com/2013-01-01/world/36323571_1_obama-administration-interrogation-drone-strikescs
The three European men with Somali roots were arrested on a murky pretext in August
AND
Renditions, though controversial and complex, represent one of the few alternatives.
Coop
Structural advantages ensure continued U.S. dominance – prefer our empirical, long-term trends to their biased, short term conjectures
Lieber 8 – Robert, Prof of Intl Affairs at Georgetown, World Affairs
Summer, http://www.worldaffairsjournal.org/200820-20Summer/full-Lieber.htmlcn
In the end, then, this country's structural advantages matter much more than economic
AND
The critiques come and go. The object of their contempt never does.
Framework – 2AC
The role of the ballot is to determine whether hypothetical implementation of the plan is superior to a competitive, reciprocal alternative or the status quo.
1) Ground – non-resolutional frameworks are unpredictable, self-serving, and moot the 1AC
2) Education – they disincentivize topic-specific research and clash, and preclude important discussions about the details of policy
And, aff choice solves their offense
A2: K
Perm do both
Perm do the plan and all non-comp parts of alt
The perm solves and the alt fails – Working from within the system is key to produce change
James 9 – Assistant Professor in the Philosophy Department at the University of North Carolina at Charlotte
Robin M, Autonomy, Universality, and Playing the Guitar: On the Politics and Aesthetics of Contemporary Feminist Deployments of the “Master's Tools”, April 14, DOI: 10.1111/j.1527-2001.2009.01033.xgw
Norma Coates expresses here an ethical and aesthetic quandary we might term a “feminist
AND
and the Stones, as “sexy”—as mainstream/conventional discourse.
C
State not root cause of whiteness
Shelby 7 – Tommie Shelby, Professor of African and African American Studies and of Philosophy at Harvard, 2007, We Who Are Dark: The Philosophical Foundations of Black Solidarity
Others might challenge the distinction between ideological and structural causes of black disadvantage, on
AND
developments (such as immigration policy or reduced federal funding for higher education).
Our “even if” arg. If they win the State’s uniformly racist in current form, still vote Aff. Ignores reconstructive liberalism, and what the State *could yet become*. Contextualizes to plan and perm
Ward ‘99
Cynthia V. Ward – Professor of Law, College of William and Mary. WILLIAM AND MARY LAW REVIEW       Vol. 40:719 – http://scholarship.law.wm.edu/cgi/viewcontent.cgi?article=1554andcontext=wmlr

However  bruised by the continuous attacks of its radical critics, "liberal legalism"
AND
respecting and encouraging human "difference" while also maximizing freedom and equality.
On the  other side, the work of radical critics of liberalism has begun to
AND
along with the scourges of racism and sexism that have always shadowed them.
It is  tempting to  oversimplify. One should take seriously the declared motivations and concerns
AND
form, will become the single most dramatic result of radical legal theory.

Rejecting state reform ignores the historical successes of multiple oppressed groups and ensures no change occurs
Collins 97 – Patricia Hill, professor of sociology at the University of Cincinnati
Fighting Words, p. 135-136cn
In this sense, postmodern views of power that overemphasize hegemony and local politics provide
AND
even the vocabulary of protest and rightful demand” (1993, 13).
Abandoning state reforms causes worse forces to fill-in
Barbrook 97 – Dr. Richard, Professor of Social Sciences, University of Westminister
Jun 5, http://www.nettime.org/Lists-Archives/nettime-l-9706/msg00034.htmlgw
I thought that this position is clear from my remarks about the ultra-left
AND
can be a fun artistic pose. However, human suffering is not.
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.

A2: Executive CP – 2AC Frontline
Perm: Do Both
Perm: Do the CP – CPs should compete BOTH functionally and textually – key to check CPs that steal 100 of the aff
XO puts a personal stamp on a policy which causes blame to fall on the President
Rodgers 1 – Professor of Law, University of Washington
Journal of Land, Resources, and Environmental Law, LEXIScn
The downside of the executive order's capacity for decisive declaration is that it offers a
AND
that was the motivation for President Nixon's National Industrial Pollution Control Council. 37
Executive detention schemes fail
Pearlstein 9 – Deborah N., lecturer in public and international affairs, Woodrow Wilson School of Public and International Affairs
July, "Form and Function in the National Security Constitution," Connecticut Law Review, 41 Conn. L. Rev. 1549cs
A. Unitary Executive Detention¶ In theory, a detention scheme involving only the
AND
that help to mitigate errors associated with "emergency" decision- making.
Congress key to democratic legitimacy and preventing future vacillation in executive policy
Wittes 9 – Benjamin, senior fellow and research director in public law at the Brookings Institution, Stuart Taylor, an American journalist, graduated from Princeton University and Harvard Law School
“Legislating the War on Terror: An Agenda for Reform”, November 3, Book, p. 329-330gw
While President Obama’s policy makes a clean break with the Bush record, it actually
AND
past without giving up what the United States will need in the future.
Congressional power of the purse rolls back the CP – they’d just create another AUMF
Fisher 4 – Senior Specialist in Separation of Powers with the Congressional Research Service, LOC
Louis, Presidential War Power: Second Edition, Revised, p. 274-277
Statutory Restrictions
Instead of relying on unpredictable court decisions, Congress must learn to invoke the powerful
AND
unless the President requested an extension from Congress and received legislative authority.53
Only Congress can create an NSC – 1AC Lunday evidence
Future presidents prevent solvency
Harvard Law Review 12
"Developments in the Law: Presidential Authority," Vol. 125:2057, www.harvardlawreview.org/media/pdf/vol125_devo.pdf
The recent history of signing statements demonstrates how public opinion can effectively check presidential expansions
AND
practices. 147 Only time, and perhaps public opinion, will tell.
Agent PICs are a voting issue – steal the entire plan function, trade off with substantive debates, are infinitely regressive, and aren’t well-grounded in the literature
2AC – PTX
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. 403-425cs
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.
Missing an I/L – plan is not unpopular – means not PC spent
Won’t pass—neither part will negotiate
Weisman 9/12—Jonathan, NYT
www.nytimes.com/2013/09/13/us/politics/at-meeting-with-treasury-secretary-boehner-pressed-for-debt-ceiling-deal.htmlab
WASHINGTON — With the Syrian crisis receding on Capitol Hill, Congress on Thursday plunged
AND
political games” and suggested that many Republicans had lost touch with reality.
Obamacare fight thumps the DA
Bowman 9/12—Michael, senate correspondant for Voice of America
www.voanews.com/content/more-us-fiscal-battles-loom/1748716.htmlab
CAPITOL HILL — After two weeks focused on the crisis in Syria, the U
AND
. That is what it is," said Senate Republican leader Mitch McConnell.
Debt ceiling will not collapse the economy—empirics prove
Tanner 11—National Review
1/19, http://www.nationalreview.com/articles/257433/no-surrender-debt-ceiling-michael-tannerab
Of course the Obama administration is already warning of Armageddon if Congress doesn’t raise the
AND
continue merrily on our way spending more and running up ever more debt?
National Security Court would be bipart
McCarthy 13 – Andrew, senior fellow at the National Review Institute and the executive director of the Philadelphia Freedom Center
Feb 9, http://www.nationalreview.com/articles/340225/problems-white-paper-andrew-c-mccarthy/page/0/2cs
For many years, I have argued that we need a new national-security
AND
executive discretion but avoids the dangerous excesses of the Justice Department white paper.
Fiat solves the link – the plan just IS, and Congress like it; the Disad is a “would” question
Obama is hands off—he won’t restrict his own power—Cabinet members would take the blame
Becker 12—Jo, NYT
5/29/12, http://www.nytimes.com/2012/05/29/world/obamas-leadership-in-war-on-al-qaeda.html?pagewanted=alland_r=0ab
Walking out of the Archives, the president turned to his national security adviser at
AND
Emanuel, blocked them, saying health care reform had to go first.
Not Intrinsic – a logical policymaker could do the plan and not backlash against the agenda

A2: Prez Powers DA – 2AC
Congress just passed limitations of indefinite detention—non uniques the DA
Alexander 13—Janet, law prof @ Stanford
3/21, illinoislawreview.org/wp-content/ilr-content/articles/2013/2/Alexander.pdfab/cs
Congress also passed legislation requiring suspected members of al- Qaeda or “associated forces
AND
, the D.C. Circuit has since rendered those protections toothless.
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.htmlcn
Ever since Sept. 11, 2001, in this war, it appears,
AND
the worst eventuality is one that will never happen.
Indefinite detention increases the motivation for terrorism
Roberts 11 – Rodney, Associate Professor of Philosophy at East Carolina University
“Utilitarianism and the Morality of Indefinite Detention”, Criminal Justice Ethics, Vol. 30, No. 1cs
Finally, ‘‘there is no evidence that preventive detention works. Comparative studies of
AND
can be selfdefeating*it may increase the likelihood of future attacks.31
Oversight doesn’t determine flexibility---tech, elusive enemies and personnel outweigh
Holmes 9 – Stephen, Walter E. Meyer Professor of Law, New York University School of Law
“The Brennan Center Jorde Symposium on Constitutional Law: In Case of Emergency: Misunderstanding Tradeoffs in the War on Terror”, April, California Law Review, 97 Calif. L. Rev. 301, Lexiscs
Even if the promoters of unfettered executive power were justified in associating legal rules with
AND
is the fruit of wishful thinking is the least that might be said.
No link – NSC preserves enough executive flexibility
McCarthy and Velshi 9 – Andrew, Director of the Center for Law and Counterterrorism at the Foundation for the Defense of Democracies and Alykhan, attorney at the Center for Law and Counterterrorism
Aug. 20, “Outsourcing American Law,” AEI Working Paper, http://www.aei.org/files/2009/08/20/20090820-Chapter6.pdfcs
What is an asset in the criminal justice system, however, would be a
AND
be at liberty to create new entitlements by analogizing to ordinary criminal proceedings.
and Imperial Japan. In our time, it is second-rate powers like Russia and Iran, and non-nations like Hezbollah, that are taking on the United States, and they do so because they can.

Tournament: JMU | Round: 3 | Opponent: George Mason Brown-Woodward | Judge: Mendenhall

T

T – Restrictions

We meet – the plan establishes a statue of restriction

Mortenson 11 – Julian Davis, Assistant Professor at the University of Michigan Law School
~Winter, "Review: Executive Power and the Discipline of History Crisis and Command: The History of Executive Power from George Washington to George W. Bush John Yoo. Kaplan, 2009. Pp vii, 524," University of Chicago Law Review 78 U. Chi. L. Rev. 377~cs
At least two of Yoo’s main examples of presidential power are actually instances of presidential
AND
(III, pp 295-301, 310, 327-28).

C/I – Statutory restrictions are legislative limits

The Law Dictionary 13 – Featuring definitions from Black’s Law Dictionary
http://thelawdictionary.org/statutory-restriction/
What is STATUTORY RESTRICTION?
Limits or controls that have been place on activities by its ruling legislation.

Specifically, we are a restriction on war powers

Lobel 8 – Jules, Professor of Law at the University of Pittsburgh, Law School, President of the center for Constitutional Rights
~"Conflicts Between the Commander in Chief and Congress: Concurrent Power over the Conduct of War," Ohio State Law Journal, Vol 69, p 391, 2008, http://moritzlaw.osu.edu/students/groups/oslj/files/2012/04/69.3.lobel_.pdf~~cs
So too, the congressional power to declare or authorize war has been long held
AND
decisively ejected from Kuwait, a limitation recognized by President Bush himself.64 

And, this is not a reason to reject us:

1) There’s no in-round abuse – and we have a solvency advocate and pass the one-card test
2) Good is good enough – our interpretation provides predictable limits and fair ground,– "best interpretation" is a myth since marginal differences in limits and ground are subjective and outweighed by the loss in aff predictability and substantive crowd-out

Race

A2: Pre-empts

What is a pre-empt? We defended the state and didn’t mention racism – doesn’t prove a link.

1. Wiki makes pre-empts inevitable

3. Their vague indicts of our authors is exactly why the alt can’t solve

Martyn Hammersley, September 1993, British Journal of Sociology, "Research and anti-racism: the case of Peter foster and his critics", 44.3, JSTOR 

The second view I want to consider is sometimes associated with versions of the first
AND
people have privileged access to knowledge while others are blinded by ideology.20 

Global Uniqueness – Racism Down

The empirical evidence proves that racism is down – unconscious racism isn’t up either

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.

No Root Cause – A2: Racism

Racism is not the root cause of war

Martin 90 – Brian, Professor at the University of Wollongong
~Uprooting War, http://www.uow.edu.au/arts/sts/bmartin/pubs/90uw/index.html~~cn
Racism has been a major factor in many wars, and also has motivated a
AND
alternative hierarchies, but rather to reorganise social life in an egalitarian way.

Link

The link is a joke – read our plan texts

A2: No Value to Life – 2AC

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

Util

Perm

Perm do the plan and all non-competitive parts of the alternative

The plan’s methodology and the perm are superior – only a globalist approach overcomes essentializing contradictions that prop up white supremacy

Adeleke 2 – Tunde, Professor of African American Studies, U-Montana
~Globalization And the Challenges of Race-based Pedagogy, http://globalization.icaap.org/content/v2.2/adeleke.html~~cn
The need for a distinct black pedagogy and epistemology seems justifiable within American society and
AND
recreates and repackages the myths "created and developed in the old order." 

The aff is a n/b to the perm – ignoring the state makes it’s violence and the aff’s impacts inevitable

1AC Isaac card – moral actions often have bad consequences – intentions are immeasurable but outcomes aren’t – default to consequentialism

AT: Ontological Blackness

Their ontological framing of blackness dooms the alternative. Placing Blackness as oppositional denies it any existence independent of white supremacy and makes identity reliant on oppression

Pinn 4 – Macalester College Professor of Religious Studies (Anthony, Dialog: A Journal of Theology, Volume 43, Number 1, Spring 2004, ’’’Black Is, Black Ain’t’’: Victor Anderson, African American Theological Thought, and Identity’, pg.57-58, Wiley online Library)

This connection between ontological blackness and religion is natural because: ’’ontological blackness signifies
AND
longer needing to surrender personal interests for the sake of monolithic collective status.

Tournament: Shirley | Round: 3 | Opponent: Dartmouth College Chen-Cramer | Judge: Garrett

A2: Executive CP – 2AC *Updated*

Perm: Do Both

Perm: Do the CP – CPs should compete BOTH functionally and textually – key to check CPs that steal 100 of the aff

Links to politics – partisan backlash to unitary executive

Hallowell 13 – Billy, B.A. in Journalism from the College of Mount Saint Vincent and M.S. in Social Research from Hunter College
~Feb 11, "HERE’S HOW OBAMA IS USING EXECUTIVE POWER TO BYPASS LEGISLATIVE PROCESS", http://www.theblaze.com/stories/2013/02/11/heres-how-obamas-using-executive-power-to-bylass-legislative-process-plus-a-brief-history-of-executive-orders/-http://www.theblaze.com/stories/2013/02/11/heres-how-obamas-using-executive-power-to-bylass-legislative-process-plus-a-brief-history-of-executive-orders/~~cs
"In an era of polarized parties and a fragmented Congress, the opportunities to
AND
a partisan content, with contemporary complaints coming from the incumbent president’s opponents."

CP destroys legitimacy and sets precedent for future failure

Wittes 9 – Benjamin, senior fellow and research director in public law at the Brookings Institution, Stuart Taylor, an American journalist, graduated from Princeton University and Harvard Law School
~"Legislating the War on Terror: An Agenda for Reform", November 3, Book, p. 329-330~gw
While President Obama’s policy makes a clean break with the Bush record, it actually
AND
past without giving up what the United States will need in the future.

Only Congress can create an NSC – 1AC Lunday ev

Future presidents prevent solvency

Harvard Law Review 12
"Developments in the Law: Presidential Authority," Vol. 125:2057, www.harvardlawreview.org/media/pdf/vol125_devo.pdf
The recent history of signing statements demonstrates how public opinion can effectively check presidential expansions
AND
practices. 147 Only time, and perhaps public opinion, will tell.

Agent PICs are a voting issue – steal the entire plan function, trade off with substantive debates, are infinitely regressive, and aren’t well-grounded in the literature

PTX

Iran doesn’t have the motive or capacity to be aggressive

Kaye 9 – Dalia, senior political scientist, RAND, CFR member and former prof at George Wash, PhD in pol sci from UC Berkeley; Nora Bensahel,adjunct prof of IR at Georgetown, PhD in pol sci from Stanford; Jerrold D. Green, research professor, USC, PhD in pol sci from U Chicago; Frederic Wehrey, Senior analyst at RAND, Former Georgetown prof. D.Phil. candidate in IR, Oxford, Master’s in near Eastern studies, Princeton
~Dangerous But Not Omnipotent, Report by RAND for the Airforce and DOD, http://www.rand.org/content/dam/rand/pubs/monographs/2009/RAND_MG781.pdf~~sr
To accurately gauge the strategic challenges from Iran over a ten to fifteen-year
AND
, ties to Islamist groups, and ability to influence Arab public opinion. 

Sanctions are inevitable – huge bipartisan support

Klapper 11/14 – Bradley, AP
~http://www.chinapost.com.tw/international/americas/2013/11/14/393621/Obama-seeks.htm~~cs
The Republican-led House of Representatives overwhelmingly approved new Iran sanctions in July.
AND
to the Iranians than some of the people trying to pursue a deal."

PC can’t help Obama get a sanction deal – Senator Kirk is key

Klapper 11/14 – Bradley, AP
~http://www.chinapost.com.tw/international/americas/2013/11/14/393621/Obama-seeks.htm~~cs
The Obama administration is pleading with Congress to allow more time for diplomacy with Iran
AND
concrete Iranian actions to roll back and dismantle elements of the nuclear program.

Obama solves without Congress – already been done

Lake 11/8 – Eli, The Daily Beast
~http://www.thedailybeast.com/articles/2013/11/08/exclusive-obama-s-secret-iran-d-tente.html~~cs
The Obama administration began softening sanctions on Iran after the election of Iran’s new president
AND
the prospect they could lose access to U.S. financial markets.

Sanctions are key to appeasing Netanyahu – The impact is Israeli strikes

AP 11/15 – reposted on Fox News
~2013, http://www.foxnews.com/world/2013/11/15/israeli-pm-takes-to-twitter-to-urge-west-to-avoid-bad-deal-over-iran-nuclear/?intcmp=latestnews~~cs-http://www.foxnews.com/world/2013/11/15/israeli-pm-takes-to-twitter-to-urge-west-to-avoid-bad-deal-over-iran-nuclear/?intcmp=latestnews5dcs
Israeli Prime Minister Benjamin Netanyahu took to Twitter on Friday to keep up pressure on
AND
also know a thing or two. We are not the only ones."

Israeli strike triggers global nuclear war

Morning Star 6
~Jan 13, Lexis~
Peace campaigners warned yesterday that the world faces a renewed threat of "all-
AND
world war - and even, possibly, all-out nuclear war.

A2: Ikenberry CP

Perm do the plan and all permutations of the planks

Perm do the plan and all the plans

We’re reading the newest Ikenberry ev – prefer ours

US has to be legitimacy for it to lead this institutions that cp creates

2ac terror

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.

Cred matters more than flexibility

Schwarz 7 – Frederick, Senior counsel at the NYU School of Law
~Unchecked and Unbalanced: Presidential Power in a Time of Terror, p. 201~cs
The Administration insists that its plunge into torture, its lawless spying, and its
AND
alienate our allies and corrode the vitality of the world’s oldest democracy.5

Ending detention undermines recruitment and support – that outweighs any link turn

Walt 7/26 – Stephen, Robert and Renee Belfer professor of international relations at Harvard University
~http://walt.foreignpolicy.com/posts/2013/07/26/our_one_sided_war_on_terror~~gw
After the 9/11 attacks, the United States quickly declared a "war
AND
to convince a potential recruit to join up? The answer is no.

2AC—China

Relations are resilient – multiple reasons

Scobell 12 – Andrew Scobell is Senior Political Scientist at the RAND Corporation, and Andrew J. Nathan is Class of 1919 Professor of Political Science at Columbia University
~http://www.foreignaffairs.com/articles/138009/andrew-j-nathan-and-andrew-scobell/how-china-sees-america~~gw
Despite these views, mainstream Chinese strategists do not advise China to challenge the United
AND
for cooperation. Fear of each other keeps alive the imperative to work together

. In the long run, however, the better alternative for both China and
AND
stability, and open economic competition-do not threaten China’s security. .

Obama won’ exercise human rights pressure

Hurst 2009
Steven R., Associated Press. "Advocates Fear Obama Is Easing U.S. Human Rights Stand." Friday, March 13, 2009. http://www.cnsnews.com/Public/content/article.aspx?RsrcID=44981
Advocates fear the Obama administration may be putting the human rights issue on the back
AND
Trade and security should not be promoted at the expense of human rights."

Doesn’t take out either advantage – Geneva is a simple trial/no trial question (That’s Murphy), not any human rights and Legitimacy is based on legality of institutions not human rights cred (That’s Welsh and Sumasy)

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

Closing Guantanamo brings the US in accordance with EU accords—strengthening relations

Groothuis and Niemann 12—Marga, asst prof of constitutional law @ Leidan University; Arne, prof of international politics @ University of Mainz
~http://www.politik.uni-mainz.de/cms/Dateien/mpiep03.pdf~~ab
Centrality of the norms in the EU-US relationship Next, it is necessary
AND
and humanitarian law principles in the pursuit of its "war on terror".

Currently struggling relations are key to solving a multitude of regional conflicts—all likely to go global—aff solves the internal link to every impact

Stivachtis 10—Yannis, director of the International Studies Program @ Virginia Tech
~http://www.rieas.gr/research-areas/global-issues/transatlantic-studies/78.html~~ab
There is no doubt that US-European relations are in a period of transition
AND
of threats is clearly perceived by publics on both sides of the Atlantic.

Tournament: GSU | Round: 5 | Opponent: NYU DeDe | Judge: Fitzmier, Daniel
Advantage
Empirics prove – six years of negotiations didn’t save the BWC
Kahn 11 – Lauren, Bulletin special issue on the Biological Weapons Convention Review Conference
May 9, http://www.thebulletin.org/web-edition/columnists/laura-h-kahn/the-biological-weapons-convention-proceeding-without-verificatiocs
The BWC's lack of a verification protocol (agreed ways in which treaty compliance can
AND
. Some concluded PDF that the protocol had been doomed from the start.
BWC doesn’t solve co’op – Article X created NAM vs. Western divides
Bansak 11 – Kirk, Arms Control Association (origin of the BWC)
Jan/Feb 2011, http://www.armscontrol.org/act/2011_01-02/BWCReviewcs
During statements at the December meeting, many delegations announced preliminary positions on major issues
AND
whether this will be one of the NAM’s objectives for the review conference.
No co’op until countries agree on verification
Bansak 11 – Kirk, Arms Control Association (origin of the BWC)
Jan/Feb 2011, http://www.armscontrol.org/act/2011_01-02/BWCReviewcs
Verification remains a hot-button issue and was addressed in several opening statements at
AND
whether there will be follow-through based on it,” he said.
Warming is overall worse for ag
EDF 9 – Environmental Defense Fund
Jan 13, “Global Warming Myths and Facts,” http://www.edf.org/page.cfm?tagID=1011cn
Any beneficial effects will be far outweighed by damage and disruption. Even a warming
AND
Less developed countries and natural ecosystems may not have the capacity to adapt.
Food wars are a myth – there’s zero empirical evidence
Salehyan 7 – Idean, Professor of Political Science at the University of North Texas
Aug 14, “The New Myth About Climate Change,” Foreign Policy, http://www.foreignpolicy.com/story/cms.php?story_id=3922js
First, aside from a few anecdotes, there is little systematic empirical evidence that
AND
there is much more to armed conflict than resource scarcity and natural disasters.
Warming skeptics are WAY less qualified – scientific consensus is overwhelmingly on our side
Kaiser 10 – Tiffany, writer for Daily Tech
Jun 28, http://www.dailytech.com/Stanford+Study+Few+Experts+Support+Global+Warming+Skepticism/article18863.htmcn
Stanford University recently conducted a study that shows a minimal number of scientists who do
AND
said. "All of the incentives in science are exactly the opposite."
There is no debate among scientists – warming is happening and anthropogenic
EDF 9 – Environmental Defense Fund
Jan 13, “Global Warming Myths and Facts,” http://www.edf.org/page.cfm?tagID=1011cn
FACT: There is no debate among scientists about the basic facts of global warming
AND
of Science Academies: Global Response to Climate Change PDF, 2005)

Solvency
We win the I/L to terror
Roberts 11 – Rodney, Associate Professor of Philosophy at East Carolina University
“Utilitarianism and the Morality of Indefinite Detention”, Criminal Justice Ethics, Vol. 30, No. 1cs
Finally, ‘‘there is no evidence that preventive detention works. Comparative studies of
AND
can be selfdefeating*it may increase the likelihood of future attacks.31

A2: Psychoanalysis K
1AC Owen
Perm do both
Perm do the cp
Lack of falsifiability warrants rejection of their link and impact claims
Wade 6 – Andrew, mathematician, scientist
http://scienceblogs/com/goodmath/2006/06/the_problem_with_irreducibly_c_1.php,az
Falsifiability is a subtle matter. Many of the theories I was taught in physics
AND
necessary for a theory to be at all useful in the first place.
Psychoanalysis is inaccurate and locks in the logic of the status quo
Gordon 1 – Paul, psychotherapist
“Psychoanalysis and Racism: The politics of defeat,” http://rac.sagepub.com/cgi/reprint/42/4/17.pdfcn
The postmodernists' problem is that they cannot live with dis- appointment. All the
AND
the world, not just to interpret it, need to look elsewhere.
Doesn’t turn the aff – desire and deeper psychological factors aren’t the root cause of nuclear risks, and more importantly policymakers refuse to believe they are
Blight 87 – James, cognitive psychologist, professor of international relations at Brown
 “Toward a Policy-Relevant Psychology of Avoiding Nuclear War,” American psychologist, Vol 42, issue 1cn
What needs to be noticed first and appreciated about these formulations of Osgood and Schelling
AND
, psychologically completely unreal, to those who actually manage the nuclear risks.
Psychoanalytic political theory is tautological – it’s useless for political analysis
Gordon 1 – Paul, psychotherapist
“Psychoanalysis and Racism: The politics of defeat,” http://rac.sagepub.com/cgi/reprint/42/4/17.pdfcn
The problem with the application of psychoanalysis to social institu- tions is that there
AND
Home Alone is pressed into service as a story about `racial' invasion.
The neg must disprove the factual claims of the 1AC
Yudowsky 6 – Eliezer, Fellow and Director, Singularity Institute for AI Research
Aug 31, http://www.singinst.org/ourresearch/publications/cognitive-biases.pdfcn
Robert Pirsig said: "The world's biggest fool can say the sun is shining
AND
real-world assertions. Do not take your eye off the ball.
Our approach to environment impacts is key to engaging the state and motivating common action
JL Schatz 12
(this article was written by the director of debate at Binghamton University, The Importance of Apocalypse: The Value of End Of The World Politics While Advancing Ecocriticism, Journal of Ecocriticism 4(2) July 2012joe)
It is no longer a question that human interaction with the world is destroying the
AND
the evolution of successful tactics that can slow the pace of environmental destruction.
A2: Executive CP – 2AC Frontline
Perm: Do Both
Perm: Do the CP – CPs should compete BOTH functionally and textually – key to check CPs that steal 100 of the aff
XO puts a personal stamp on a policy which causes blame to fall on the President
Rodgers 1 – Professor of Law, University of Washington
Journal of Land, Resources, and Environmental Law, LEXIScn
The downside of the executive order's capacity for decisive declaration is that it offers a
AND
that was the motivation for President Nixon's National Industrial Pollution Control Council. 37
PDDs are just a specific type of XO – all our aff ans still apply
Jeffrey Fox 2008
Ph.D., Professor of Political Science at Catawba College, Acc. Aug 17, 2011, http://thisnation.com/ question/040.html
Executive Orders (EOs) are legally binding orders given by the President, acting
AND
effect but they have the same legal weight as laws passed by Congress.
Executive detention schemes fail
Pearlstein 9 – Deborah N., lecturer in public and international affairs, Woodrow Wilson School of Public and International Affairs
July, "Form and Function in the National Security Constitution," Connecticut Law Review, 41 Conn. L. Rev. 1549cs
A. Unitary Executive Detention¶ In theory, a detention scheme involving only the
AND
that help to mitigate errors associated with "emergency" decision- making.
Congress key to democratic legitimacy and preventing future vacillation in executive policy
Wittes 9 – Benjamin, senior fellow and research director in public law at the Brookings Institution, Stuart Taylor, an American journalist, graduated from Princeton University and Harvard Law School
“Legislating the War on Terror: An Agenda for Reform”, November 3, Book, p. 329-330gw
While President Obama’s policy makes a clean break with the Bush record, it actually
AND
past without giving up what the United States will need in the future.
Only Congress can create an NSC
NSCs are key – only trials in federal courts give the process legitimacy – that’s (*)
Future presidents prevent solvency
Harvard Law Review 12
"Developments in the Law: Presidential Authority," Vol. 125:2057, www.harvardlawreview.org/media/pdf/vol125_devo.pdf
The recent history of signing statements demonstrates how public opinion can effectively check presidential expansions
AND
practices. 147 Only time, and perhaps public opinion, will tell.
Agent PICs are a voting issue – steal the entire plan function, trade off with substantive debates, are infinitely regressive, and aren’t well-grounded in the literature
Court will roll back the CP
Cooper 2 – Phillip, Professor of Public Administration @ Portland State University
By Order of the President: The Use and Abuse of Executive Direct Action” pg..77cn
Despite the apparent deference by the judiciary to the president's orders, this chapter has
AND
the validity of orders and with addressing the consequences of admittedly legitimate decrees.
A2: Prez Powers DA – 2AC
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. 403-425cs
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.
Aff is the key I/L to hotspot de-escalation – Institutional credibility is key to influencing allies decision
Syria tanked resolve
Cordseman 13 – Anthony, Arleigh A. Burke Chair in Strategy at the Center for Strategic and International Studies (CSIS) in Washington, D.C.
9/1, “President Obama and Syria: The ‘Waiting for Godot’ Strategy,” http://csis.org/publication/president-obama-and-syria-waiting-godot-strategycs
Instead, the Administration first rushed into the kind of rhetoric you only use if
AND
to return for its holiday. The message to the world is obvious.
Oversight doesn’t determine flexibility---tech, elusive enemies and personnel outweigh
Holmes 9 – Stephen, Walter E. Meyer Professor of Law, New York University School of Law
“The Brennan Center Jorde Symposium on Constitutional Law: In Case of Emergency: Misunderstanding Tradeoffs in the War on Terror”, April, California Law Review, 97 Calif. L. Rev. 301, Lexiscs
Even if the promoters of unfettered executive power were justified in associating legal rules with
AND
is the fruit of wishful thinking is the least that might be said.
No link – NSC preserves enough executive flexibility
McCarthy and Velshi 9 – Andrew, Director of the Center for Law and Counterterrorism at the Foundation for the Defense of Democracies and Alykhan, attorney at the Center for Law and Counterterrorism
Aug. 20, “Outsourcing American Law,” AEI Working Paper, http://www.aei.org/files/2009/08/20/20090820-Chapter6.pdfcs
What is an asset in the criminal justice system, however, would be a
AND
be at liberty to create new entitlements by analogizing to ordinary criminal proceedings.
Their impact evidence is describing the SQ
Joffe 13 – Josef, WSJ
Exploiting Obama's Foreign Policy Retreatcs
"We are extremely disappointed," the White House press secretary said after Moscow granted
AND
in the Middle East has been a top American priority since the 1970s.
and Imperial Japan. In our time, it is second-rate powers like Russia and Iran, and non-nations like Hezbollah, that are taking on the United States, and they do so because they can.

Tournament: JMU | Round: 5 | Opponent: Clarion Baker-Camloh | Judge: Meloche

Case

Legit

Not saying others need rule of law – we just need to get ours up to be a legit leader – no imposition on others – net good

Critical legal philosophy can’t explain the world – default to our experts

Stick 86 – John, Assistant Professor of Law at Tulane University School of Law
~"Can Nihilism Be Pragmatic?", Harvard Law Review, Vol. 100, No. 2 (Dec., 1986), pp. 332-401, JSTOR~cs
This Article examines the relationship between the critical legal nihilists and the philosophers they rely
AND
a fortiori Singer is too much of an irrationalist for the others. 18 

Ontopolitics

Framework – 2AC

The role of the ballot is to determine whether hypothetical implementation of the plan is superior to a competitive, reciprocal alternative or the status quo.

1) Ground – non-resolutional frameworks are unpredictable, self-serving, and moot the 1AC

2) Education – they disincentivize topic-specific research and clash, and preclude important discussions about the details of policy

And, aff choice solves their offense

Owen – We don’t have to know the underlying structure

A2: Biopower K – 2AC ALT Frontline

Rejecting the aff doesn’t solve their impacts, and you should hold the alt to reciprocal fiat power – otherwise it destroys our ability to generate offense

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.

If the alt solves the status quo, it can overcome any residual link to the plan

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

Only governmental change solves quickly and durably

Milbrath 96 – Lester W., Professor Emeritus of Political Science and Sociology at SUNY Buffalo
~Building Sustainable Societies, p. 289~cn
In some respects personal change cannot be separated from societal change. Societal transformation will
AND
must, pleading with individuals to change is not likely to be effective.

A2: Biopower K – 2AC LINK Frontline

Perm: Do the plan and all parts of the alt that don’t explicitly reject it

If the alt solves the status quo, it can overcome any residual link to the plan

The plan utilizes the tension between freedom and power to produce a strategic reversal – solves their impact without sacrificing good forms of biopower

Campbell 98 – David, professor of international politics at the University of Newcastle
~"Writing Security: United States Foreign Policy and the Politics of Identity," pg. 204-205~cn
Recognizing the possibility of rearticulating danger leads us to a final question: what modes
AND
, it establishes as political the very terms through which identity is articulated."

We lead to better lives for these people – if we win the progressivism debate you should default aff

A2: Biopower K – 2AC IMPACT Frontline

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.

Case turns the K – states of emergency and ramped up surveillance only occur during crises and wars

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

Biopower has existed for centuries and shows up in millions of different ways– proves they have no impact or threshhold

The impact is non-intrinsic – the U.S. can do the plan and not exterminate its population, etc.

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 Good – Care/Altruism

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).

Global Uniqueness – Violence Down

Structural violence is declining

Pinker 11 – Steven, professor of psychology at Harvard,
~The Better Angels of our Nature, October, google books~cs
This book is about what may be the most important thing that has ever happened
AND
terms of psychology and history: how human minds deal with changing circumstances.

Global violence of all kinds has been rapidly decreasing since the onset of modern civilization

Pinker 7 – Steven, Professor of Psychology at Harvard
~Mar 28, "a history of violence" eduge: The third culture~cn
In sixteenth-century Paris, a popular form of entertainment was cat-burning
AND
our behavior can sink, not of how high our standards have risen.

A2: No Value to Life – 2AC

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

A2: Root Cause – 2AC

"Root cause" isn’t offense – we still solve the short-term proximate causes

And, "root cause" arguments are inaccurate and dangerous – combining strategies is key

Martin 90 – Brian, Professor at the University of Wollongong
~Uprooting War, http://www.uow.edu.au/arts/sts/bmartin/pubs/90uw/index.html~~cn
War does not have a single root In this chapter and in the six preceding
AND
the roots of war and developing strategies for grassroots movements to uproot them.

Util Good – 2AC

Extend Isaac – Util comes first – people with good intentions make terrible decisions – arbitrary way to decide ethics

Rights Good – 2AC

Rights are key to challenging the State – any "exceptions" are just a reason to promote them further

Daly 4 – Frances, Research Fellow in Philosophy, Australian National University
~http://www.borderlandsejournal.adelaide.edu.au/vol3no1_2004/daly_noncitizen.htm~~cn
24. The context of rights is one that is frequently unstable, and,
AND
victimizes the refugee in the manner with which we are currently so familiar.

Risk

1AC

Our experts know what’s up – Fitzsimmons says history is on our side – experts typically make more accurate predictions of risk – cross-ex proves we have experts

Link Debate

Perm do both

Perm do the plan and all non-competitive parts of the alt

Impact Debate

Empiricism Good EXT

Their strategy trades empirical arguments for philosophical principles – this is the logic of the Bush administration, which led to the Iraq war and environmental destruction

Noah 4 – Timothy, senior writer for Slate magazine, contributing editor to The Washington Monthly
~Mar 16, http://www.slate.com/id/2097268~~cn
"Facts are stupid things," President Ronald Reagan said in a famous self-
AND
empirical fact? The ignoramus has reasons that the wonk knows not of.

Calculations Good – 2AC

Refusing to calculate is a calculation itself that uses the same cost-benefit analysis

If we don’t calculate, the State will – only our stance affirms human dignity and difference

Wood 6 – David, Professor of Philosophy at Vanderbilt University
~Ón Being Haunted by the Future," Research in Phenomenology, Volume 36, Number 1, 2006 , pp. 274-298(25)~cn
From an unexpected source, I would cite here the work of Peter Singer,
AND
the other side of calculation, but is already intimately involved in it.

Scenario Planning Good

The alternatives are worse – scenario planning is key to point out real risks and hold policymakers accountable

Tetlock 9 – Philip, Professor at the University of California, Berkeley
~Aug 25, http://www.nationalinterest.org/Article.aspx?id=22040~~cn
The very title of their book gives a sense of their intellectual predilections. We
AND
its rhetorical force when we use historical analogies in a more nuanced fashion.

Scenario planning points out and undermines dangerous status quo assumptions

Randall 26 Ertel 5 – Doug 26 Chris, co-leaders of the consulting practice at Global Business Network
~"Moving beyond the official future," http://www.gbn.com/articles/pdfs/GBN_beyond20the20official20future.pdf~~cn
Scenario thinking exercises generally begin with a rigorous fact-finding phase, where the
AND
they are not fully accounting for the risks and opportunities their companies face.

Scenario planning provides an accurate account of what lies ahead – it’s key to challenging apathy and sparking change before it’s too late

Turner 8 – Nick, co-president of Global Business Network; former Managing Director and Head of Strategy in Europe at Morgan Stanley
~Oct, http://www.gbn.com/articles/pdfs/GBN_Futureproofing.CEO20j.pdf~~cn
Given the accelerating rate and breadth of change, the world is likely to become
AND
executives better contextual awareness, clarity, and confidence to make decisions today.

Extinction Scenario Planning Good

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."

Worst-Case Scenario Planning Good

Often, the worst-case is the actual-case scenario – failure to take these scenarios seriously makes horrible disasters inevitable

Leonhardt 10 – David, economics columnist and a staff writer for The New York Times
~May 31, http://www.nytimes.com/2010/06/06/magazine/06fob-wwln-t.html~~cn
Much of this indifference stemmed from an obsession with profits, come what may.
AND
only natural to have this hope. But that doesn’t make it wise.

Worst-case scenario planning breaks status quo apathy and gives meaning to life – empirically proven

Ogilvy 3 – James, author; cofounded Global Business Network
~"What Strategists Can Learn from Sartre," http://www.gbn.com/articles/pdfs/Strategists20and20Sartre.pdf~~cn
Scenario planning is not the only tool of the existential strategist, but it is
AND
can do for companies what a Tiger Woods tape can do for golfers.

Dystopian futurism is key to shatter complacency with the existing order

Kurasawa 4 – Fuyuki, Associate Professor of Sociology at York University
 ~"Cautionary Tales: The Global Culture of Prevention and the Work of Foresight", Constellations, 11(4)~cn
NGOs and social movements active in global civil society have drawn upon the moral imagination
AND
unsustainable, the appeal to reason represents another main trigger of intergenerational solidarity.

Worst-case scenario planning gives a clear vision of what we can change and shatters apathy

Scearce 1 – Diana, the Global Business Network community
~"WHAT IF? THE ART OF SCENARIO THINKING FOR NONPROFITS," with Katherine Fulton, http://www.gbn.com/articles/pdfs/GBN_What20If.pdf~~cn
Scenario thinking can be used to get your organization unstuck and catalyze action. It
AND
cannot influence, and to take action—on their own and collectively.

Alt

Scenario Planning

 Inevitable===

C

Scenario planning is inevitable – better to use it calmly now than irrationally during a real emergency

Ogilvy 3 – James, author; cofounded Global Business Network
~"What Strategists Can Learn from Sartre," http://www.gbn.com/articles/pdfs/Strategists20and20Sartre.pdf~~cn
Such punctuations call for strategies developed prior to the moment of urgency. And as
AND
prefer. (See "How Scenario Planning Explains Uncertainty," page 5.)

Delib

They deliberate less – Rejecting the aff alone is mental masturbation – that’s apolitical and allows the right to fill in, that’s the 1AC Barbook evidence

Tournament: Shirley | Round: 6 | Opponent: Florida Frank-Prescott | Judge: White
T

W/M – courts to try detainees exist NOW, they’re just out of the military, we make them more stringent by making them out of article III

C/I – Increase doesn’t require pre-existence.

Stephen Reinhardt, 2005, U.S. Judge for the United States Court of Appeals for the ninth circuit, Reynolds and Rausch v. Hartford Financial Services Group, inc, Lexis Nexis
Specifically, we must decide whether charging a higher price for initial insurance than the
AND
which a company raises the rate that an individual has previously been charged.

C/I – To make greater.

Random House, 2011, Dictionary.com Unabridged Based on the Random House Dictionary
–verb (used with object) 1. to make greater, as in number, size, strength, or quality; augment; add to

No ground loss – all links to current courts apply to our

No unlimit – still have to reduce his war powers

Not a reason to reject us – competing interps is a myth since judge intervention is inevitable in T

Solvency – A2: Circumvention – 2AC

Extend 1AC Lunday ev – Obama can’t circumvent because district court repeals check and won’t circumvent because Goldilocks nature of an NSC

Obama believes he is constrained by statute – won’t circumvent

Prakash 12 – Saikrishna, professor of Law at UVA
~Feburary, "The Goldilocks Executive" Feb~cs
We accept that the President’s lawyers search for legal arguments to justify presidential action,
AND
of law would trigger censure from Congress, courts, and the public.
A2: Transfers

President can waive the transfer restrictions

Jiang 13 – Jenny, Founder of Whatthefolly, Political media consultant for Devine Mulvey, a City/Region correspondent for the Boston Globe, and a business correspondent for the Boston Herald. Her international experience includes legislative research at the European Parliament and community development at the Buduburam Liberian Refugee Settlement in Ghana. Jenny holds a B.A. in journalism and international affairs from Northeastern University.
~May, http://www.whatthefolly.com/2013/05/24/obama-urges-congress-to-lift-restrictions-on-detainee-transfers-outlines-plan-to-close-guantanamo/~~cs-http://www.whatthefolly.com/2013/05/24/obama-urges-congress-to-lift-restrictions-on-detainee-transfers-outlines-plan-to-close-guantanamo/5dcs
Sen. Kelly Ayotte (R-N.H.), a member of the
AND
is "in the national security interest" of the U.S.
2AC-PIC China

C

PDB

PDCP

Doesn’t solve ANY OF THE AFF – it’s about our institutions – that’s literally every card in the 1ac – key to create institutional support – means the aff is a n/b to perm

Still links to all other off case b/c same mechanism

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

China vacillates on Uyghurs – proves no I/L

Hasmath 11/15 – Reza, Lecturer in Chinese Politics at Oxford
~2013, http://theconversation.com/ethnic-violence-and-the-rise-of-uyghur-tensions-in-china-19715~~cs-http://theconversation.com/ethnic-violence-and-the-rise-of-uyghur-tensions-in-china-197155dcs
The Chinese government’s response to repeated expressions of Uyghur unrest has consisted of oscillating "
AND
. However, "soft" policies will eventually be re-employed.

Experts agree – relations are structurally screwed

Kai-Sheng 11/14 – Chang, China Times
~2013, http://www.wantchinatimes.com/news-subclass-cnt.aspx?id=2013111400008226cid=1101~~cs-http://www.wantchinatimes.com/news-subclass-cnt.aspx?id=2013111400008226cid=11015dcs
The relationship between China and the US is a "fake friendship," according to
AND
...not as good as the relations China has with prominent European countries."
A2: Other Cp

PDB

PDCP

CX was a joke

Only n/b is drone shift – stick them to that

Closing Guantanamo brings the US in accordance with EU accords—strengthening relations

Groothuis and Niemann 12—Marga, asst prof of constitutional law @ Leidan University; Arne, prof of international politics @ University of Mainz
~http://www.politik.uni-mainz.de/cms/Dateien/mpiep03.pdf~~ab
Centrality of the norms in the EU-US relationship Next, it is necessary
AND
and humanitarian law principles in the pursuit of its "war on terror".

Currently struggling relations are key to solving a multitude of regional conflicts—all likely to go global—aff solves the internal link to every impact

Stivachtis 10—Yannis, director of the International Studies Program @ Virginia Tech
~http://www.rieas.gr/research-areas/global-issues/transatlantic-studies/78.html~~ab
There is no doubt that US-European relations are in a period of transition
AND
of threats is clearly perceived by publics on both sides of the Atlantic.
A2: Biopower K – 2AC ALT Frontline

Rejecting the aff doesn’t solve their impacts, and you should hold the alt to reciprocal fiat power – otherwise it destroys our ability to generate offense

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.

If the alt solves the status quo, it can overcome any residual link to the plan

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

~INSERT SPECIFIC ALT ANSWERS~

A2: Biopower K – 2AC IMPACT Frontline

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.

Case turns the K – states of emergency and ramped up surveillance only occur during crises and wars

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

Biopower has existed for centuries and shows up in millions of different ways– proves they have no impact or threshhold

The impact is non-intrinsic – the U.S. can do the plan and not exterminate its population, etc.

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?
A2: Biopower K – 2AC LINK Frontline

Perm: Do the plan and all parts of the alt that don’t explicitly reject it

If the alt solves the status quo, it can overcome any residual link to the plan

The plan is a key jumping off point for the K

Dochterman 5 – Zen, Ph.D. Student in Comparative Literature at UCLA
~Aporia Journal, Online~cn
Our first effort must be to insist on the normalcy of this world. This
AND
already, in a spectral and soon-to-be realized form.

The plan utilizes the tension between freedom and power to produce a strategic reversal – solves their impact without sacrificing good forms of biopower

Campbell 98 – David, professor of international politics at the University of Newcastle
~"Writing Security: United States Foreign Policy and the Politics of Identity," pg. 204-205~cn
Recognizing the possibility of rearticulating danger leads us to a final question: what modes
AND
, it establishes as political the very terms through which identity is articulated."
2AC – Reverse Immigration

Boehner’s all talk—it’ll pass now

Ball 11/14—Molly, The Atlantic
~www.theatlantic.com/politics/archive/2013/11/chuck-schumer-would-still-put-quite-a-bit-of-money-on-immigration-reform/281490/~ab
The conventional wisdom for months now has been that immigration reform is dead. Yet
AND
said. "They’re damned if they do, damned if they don’t."

The White House is pushing for immigration now—only a risk Boehner stands his ground

Meckler 11/13—Laura, WSJ
~http://online.wsj.com/news/articles/SB10001424052702303559504579196350305411182~~ab
The White House is intensifying its push to get an immigration overhaul through Congress this
AND
mix of national and local outreach, both behind the scenes and publicly. 

Their studies are just protectionist hype – immigrant entrepreneurs don’t replace natives, and are net beneficial for wages and the economy

Anderson 10 – Stuart, Executive Director of the National Foundation for American Policy
~August 12th, http://library.uschamber.com/sites/default/files/reports/100811_skilledvisastudy_full.pdf~~cn
In a paper for the Washington, D.C.-based Immigration Policy Center
AND
groups, and it may in fact help them," notes Shierholz.46

Military sees the plan as a good-faith effort to repair their image – boosts CMR

Joyner 8—James, Managing Editor of the Atlantic Council since September 2007 and editor of Outside The Beltway since January 2003.He has published dozens of columns for publications including The Atlantic, Foreign Policy, The National Interest, CNN, Politico, Reason,Legal Affairs, Human Events, Washington Examiner, The New Individualist, and TCS Daily and is a regular commentator on world affairs on venues including BBC, NPR, C-SPAN, Al Jazeera, CNN, and MSNBC
~1/14/08, http://www.outsidethebeltway.com/joint_chiefs_chairman_close_guantanamo/-http://www.outsidethebeltway.com/joint_chiefs_chairman_close_guantanamo/~~ab
The chief of the U.S. military said he favors closing the prison
AND
that ferried him to and from the detention facilities across a glistening bay.

Strong CMR key to maintaining security in the Gulf of Guinea

Forest 6—James, Professor and Director of Security Studies at the University of Massachusetts Lowell. He is also a senior fellow with the Joint Special Operations University, where he contributes to the teaching and research needs of the U.S. Special Operations Forces community
~Oil and Terrorism in the New Gulf: Framing U.S. Energy and Security Policies for the Gulf of Guinea, pg 259~ab
One of the most tangible ways to improve governance in the Gulf of Guinea is
AND
many of the essen¬tial, but less tangible aspects of a development agenda. 

That’s key to prevent inevitable econ collapse

IMF 5
~Emergence of the Gulf of Guinea in the Global Economy: Prospects and Challenges, http://www.imf.org/external/pubs/ft/wp/2005/wp05235.pdf-http://www.imf.org/external/pubs/ft/wp/2005/wp05235.pdf~~
The global economy is experiencing tremendous changes with anticipated spillover effects on the Gulf of
AND
populations: Chad, Mali, Mauritania, Niger, and Nigeria.11
A2: Drone-Shift DA 2AC *Updated*

~Insert Impact D~

Dramatic shift to drones in the SQuo

Lefkowitz 13 – Jay, senior lawyer and former domestic policy advisor to President George W.
~Mar 4, Financial Times, "Drones are no substitute for detention," www.ft.com/cms/s/0/dae6552c-84c2-11e2-891d-00144feabdc0.html~23axzz2dZnIVyqb~cs
Memo to all those critics of Guantánamo Bay: beware what you wish for.
AND
promptly administered through military courts – instead of taking the easy way out.

No drone shift link – too many external factors

Chesney 11 – Robert, Charles I. Francis Professor in Law at the UT School of Law as well as a non-resident Senior Fellow at Brookings
~Oct 17, "Examining the Evidence of a Detention-Drone Strike Tradeoff," www.lawfareblog.com/2011/10/examining-the-evidence-of-a-detention-drone-strike-tradeoff/~cs
Yesterday Jack linked to this piece by Noah Feldman, which among other things advances
AND
detention versus targeting, but something much more complex and difficult to measure.

Bringing credibility to detention solves the shift

Whitlock 13 – Craig, Washington Post
~Jan 1, "Renditions continue under Obama, despite due-process concerns," articles.washingtonpost.com/2013-01-01/world/36323571_1_obama-administration-interrogation-drone-strikes~cs
The three European men with Somali roots were arrested on a murky pretext in August
AND
Renditions, though controversial and complex, represent one of the few alternatives.

Their internal link is hype – other countries don’t make drone choices based on US policies – it’s too easy to get the tech

Anderson 11 – Kenneth, Professor of International Law at American University
~Sept. 9, What Kind of Drones Arms Race Is Coming?" http://www.volokh.com/2011/10/09/what-kind-of-drones-arms-race-is-coming/~~23more-51516-http://www.volokh.com/2011/10/09/what-kind-of-drones-arms-race-is-coming/~~cs
New York Times national security correspondent Scott Shane has an opinion piece in today’s Sunday
AND
states competing to come up with weapons technologies that are … more discriminating.

A2: Ice Age DA – 2AC

No Impact to Ice Age

Welsh 11 – Jennifer
~Live Science, 6-21, http://www.livescience.com/14693-climate-change-sun-magnetic-minimum.html~~sr-http://www.livescience.com/14693-climate-change-sun-magnetic-minimum.html5dsr
Some researchers say that changes in sun activity caused the "Little Ice Age"
AND
. That’s a factor of 10 larger." ~The World’s Weirdest Weather~

Runaway warming collapses Gulf Stream, resulting in an ice age

Kohler 9 – Rickard – Essay cited by Dr. Ferit Bingel — Middle East Technical University of Marine Sciences
~1-26, http://www.behav.org/student_essay/climate/gulf20stream_Kohler/gulf20stream_ Kohler.htm~sr
Scientists today are not only concerned with global warming, but the effect it will
AND
those areas would become un-livable and the population would migrate southward.

10,000 year timeframe due to Earth’s precession and obliquity

Vettoretti 11 – G. Vettoretti and W.R. Peltier - Department of Physics, University of Toronto
~"The impact of insolation, greenhouse gas forcing and ocean circulation changes on glacial inception, The Holocene 21(5) 803–817 (2011)~sr
The nature of the ongoing Holocene/Anthropocene transition has provided much stimulus for discussion
AND
a direct comparison between MIS 11 and the current interglacial would be inexact.

Impossible to predict the ice age, and past emissions solve

Black 12 – Richard, environment correspondent, BBC News
~1/9/12, Carbon emissions ’will defer Ice Age’, BBC, http://www.bbc.co.uk/news/science-environment-16439807~~sr-http://www.bbc.co.uk/news/science-environment-164398075dsr
Human emissions of carbon dioxide will defer the next Ice Age, say scientists.
AND
" levels. As things stand, they believe, it will not.

Ice age is overhyped – worst case scenario would be 0.1 degree of temporary cooling

Feulner 10 - Georg Feulner and Stefan Rahmstorf
~Jan 29, "On the effect of a new grand minimum of solar activity on the future climate on Earth" http://www.pik-potsdam.de/~~stefan/Publications/Journals/feulner_rahmstorf_2010.pdf~~sr-http://www.pik-potsdam.de/~stefan/Publications/Journals/feulner_rahmstorf_2010.pdf5dsr
~16~ A map of the annual mean temperature differences between a new grand
AND
last millennium typically lasted for only several decades or a century at most.

Tournament: GSU | Round: 7 | Opponent: Liberty BoMu | Judge: Shook, Lindsey
ILaw
A2: Targeted Killing Trade-Off DA – 2AC
Insert Impact D
Dramatic shift to drones in the SQuo
Lefkowitz 13 – Jay, senior lawyer and former domestic policy advisor to President George W.
Mar 4, Financial Times, "Drones are no substitute for detention,” www.ft.com/cms/s/0/dae6552c-84c2-11e2-891d-00144feabdc0.html#axzz2dZnIVyqbcs
Memo to all those critics of Guantánamo Bay: beware what you wish for.
AND
promptly administered through military courts – instead of taking the easy way out.
No drone shift link – too many external factors
Chesney 11 – Robert, Charles I. Francis Professor in Law at the UT School of Law as well as a non-resident Senior Fellow at Brookings
Oct 17, "Examining the Evidence of a Detention-Drone Strike Tradeoff,” www.lawfareblog.com/2011/10/examining-the-evidence-of-a-detention-drone-strike-tradeoff/cs
Yesterday Jack linked to this piece by Noah Feldman, which among other things advances
AND
detention versus targeting, but something much more complex and difficult to measure.
Turn – an easy path to legal detention solves the shift
Whitlock 13 – Craig, Washington Post
Jan 1, "Renditions continue under Obama, despite due-process concerns,” articles.washingtonpost.com/2013-01-01/world/36323571_1_obama-administration-interrogation-drone-strikescs
The three European men with Somali roots were arrested on a murky pretext in August
AND
Renditions, though controversial and complex, represent one of the few alternatives.
No causal link between U.S. drone preferences and others – weaponization is easy and inevitable if they want it
Anderson 11 – Kenneth, Professor of International Law at American University
Sept. 9, What Kind of Drones Arms Race Is Coming?” http://www.volokh.com/2011/10/09/what-kind-of-drones-arms-race-is-coming/#more-51516cs
New York Times national security correspondent Scott Shane has an opinion piece in today’s Sunday
AND
states competing to come up with weapons technologies that are … more discriminating.
K
A2: Reps K’s – 2AC Framework
You should weigh the implementation of the plan, and they can’t advocate it – otherwise it deprives us of our only unique offense against the K
*And, education – policymakers don’t and shouldn’t operate this way
Tuathail 96 – Gerard, Ph.D., Professor, Government and International Affairs
Political Geography, 15(6-7), p. 664cn
While theoretical debates at academic conferences are important to academics, the discourse and concerns
AND
needs to always be open to the patterned mess that is human history.
Judge Choice – Reps are potential, not mandatory; you can vote for the plan for different justifications – it’s logical and avoids reactionary conservatism
And, their internal links assume people with political power – but, reps are inherently open, and only our use can uniquely reclaim them
Oscarson 3 – Christopher, with Anna Kurtz; National Council of Teachers
“BookTalk: Revising the Discourse of Hate,” ProQuestcn
However, Butler also argues that the daily, repeated use of words owns a
AND
might be able to create spaces for learning in which everyone feels safe.
No Root Cause – A2: Otherization
Otherization is not the root cause
Volf 2 – Miroslav, Ph.D., Professor of Theology at Yale
Jan 1, Journal of Ecumenical Studiecn
Though “otherness”–cultural, ethnic, religious, racial difference–is an
AND
lay elsewhere is itself a testimony to how much “otherness” matters.
A2: No Value to Life – 2AC
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

State Good – 2AC
Abandoning state reforms causes worse forces to fill-in
Barbrook 97 – Dr. Richard, Professor of Social Sciences, University of Westminister
Jun 5, http://www.nettime.org/Lists-Archives/nettime-l-9706/msg00034.htmlgw
I thought that this position is clear from my remarks about the ultra-left
AND
can be a fun artistic pose. However, human suffering is not.
Realism Framework – Realism  Critical IR
Whether IR is constructed or we could imagine better versions of it is irrelevant – we live in a realist world and must operate under these assumptions to solve any real problem
Sorensen 98 – Georg, Ph.D., Professor, International Politics and Economics, Aarhus U
“IR Theory after the cold war,” International Studies 24, p. 87-88cn
What, then, are the more general problems with the extreme versions of the
AND
post-positivism is metatheoretically compelled to embrace any conceivable change project.28

Scenario Planning Good
The alternatives are worse – scenario planning is key to point out real risks and hold policymakers accountable
Tetlock 9 – Philip, Professor at the University of California, Berkeley
Aug 25, http://www.nationalinterest.org/Article.aspx?id=22040cn
The very title of their book gives a sense of their intellectual predilections. We
AND
its rhetorical force when we use historical analogies in a more nuanced fashion.
A2: Security K – 2AC LINK Frontline
Reps are potential, not mandatory – you can vote for the plan for non-security justifications – it’s logical and avoids reactionary conservatism
Perm: Do the plan and reject the complete objectivity of security
Perm: Do the plan and all parts of the alternative that don’t explicitly reject it
We’re not the State – we identify REAL threats – and we have to work within this system to change it
Tuathail 2k – Gearoid, Associate Professor of Political Geography at Virginia Tech
Geopolitics @ Millennium, Paranoid Fantasies and Technological Fundamentalism Amidst the Contradictions of Contemporary Modernity, p. onlinecn
History indicates that the everyday practice of geopolitics is often motivated and given meaning by
AND
paranoids, it happens, do not have a bad record at all.
The perm recognizes security can be used for good and bad – this is key to achieve real change
Floyd 7 – Rita, Ph.D., ESRC post-doctoral fellow
“Towards a consequentialist evaluation of security,” Review of International Studies, 33, 327–350cn
This article constitutes an attempted bridge-building between the so-called ‘Copenhagen
AND
analyst, allowing for normative – but denying infinite – conceptualisations of security.
A2: Security K – 2AC A2: Security Impossible
The plan just prevents a certain proximate factors from erupting into conflict – it’s not an endless quest for perfect security
Securing world order is possible and not counter-productive
Lieber and 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, projectmusecn
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
A2: Security K – 2AC IMPACT Frontline
You should weigh the implementation of the aff – otherwise it deprives us of our only unique offense against the K
The K is circular – means there’s no impact and no alt
Floyd 7 – Rita, Ph.D., ESRC post-doctoral fellow
“Towards a consequentialist evaluation of security,” Review of International Studies , 33, 327–350cn
Wæver’s assertion that the two schools might be complementary is crucial, thus not only
AND
– depending on whether or not they are seen as positive or negative.
Case turns the K – all the negative aspects of security are exacerbated during times of actual conflict
Security is a self-denying prophecy – the alt ensures aggression and war
Jervis 76 – Robert, professor of political science at Columbia University
Perception and Misperception in International Politics, p. 84cn
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.
A2: Security K – 2AC A2: Root Cause
“Root cause” isn’t offense – we still solve the sufficient short-term proximate causes
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.
A2: Security K – 2AC ALT Frontline
Rejecting the aff doesn’t solve their impacts, and you should hold the alt to reciprocal fiat power – otherwise it destroys our ability to generate offense
Realism and security are 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. 1-28cn
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.
If the alt solves the status quo, it can overcome any residual link to the plan
Attempts to break down threat con create global psychosis – 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. 15-17cn
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.
Rejecting federal reforms ensures worse forces fill-in, destroying the current battle against heteronormativity
Gravel 7 – Mike, former U.S. Senator
August 14, http://www.huffingtonpost.com/sen-mike-gravel/hillary-chooses-states-ri_b_60351.htmlcn
During last week's historic gay debate, Hillary Clinton dredged up the old states rights
AND
hang-ups and fight for equal rights all Americans in all states.
CP
A2: Executive CP – 2AC Frontline
Perm: Do Both
Perm: Do the CP – CPs should compete BOTH functionally and textually – key to check CPs that steal 100 of the aff
XO puts a personal stamp on a policy which causes blame to fall on the President
Rodgers 1 – Professor of Law, University of Washington
Journal of Land, Resources, and Environmental Law, LEXIScn
The downside of the executive order's capacity for decisive declaration is that it offers a
AND
that was the motivation for President Nixon's National Industrial Pollution Control Council. 37
Executive detention schemes fail
Pearlstein 9 – Deborah N., lecturer in public and international affairs, Woodrow Wilson School of Public and International Affairs
July, "Form and Function in the National Security Constitution," Connecticut Law Review, 41 Conn. L. Rev. 1549cs
A. Unitary Executive Detention¶ In theory, a detention scheme involving only the
AND
that help to mitigate errors associated with "emergency" decision- making.
Congress key to democratic legitimacy and preventing future vacillation in executive policy
Wittes 9 – Benjamin, senior fellow and research director in public law at the Brookings Institution, Stuart Taylor, an American journalist, graduated from Princeton University and Harvard Law School
“Legislating the War on Terror: An Agenda for Reform”, November 3, Book, p. 329-330gw
While President Obama’s policy makes a clean break with the Bush record, it actually
AND
past without giving up what the United States will need in the future.
Only Congress can create an NSC
NSCs are key – only trials in federal courts give the process legitimacy – that’s (*)
Future presidents prevent solvency
Harvard Law Review 12
"Developments in the Law: Presidential Authority," Vol. 125:2057, www.harvardlawreview.org/media/pdf/vol125_devo.pdf
The recent history of signing statements demonstrates how public opinion can effectively check presidential expansions
AND
practices. 147 Only time, and perhaps public opinion, will tell.
Agent PICs are a voting issue – steal the entire plan function, trade off with substantive debates, are infinitely regressive, and aren’t well-grounded in the literature
Court will roll back the CP
Cooper 2 – Phillip, Professor of Public Administration @ Portland State University
By Order of the President: The Use and Abuse of Executive Direct Action” pg..77cn
Despite the apparent deference by the judiciary to the president's orders, this chapter has
AND
the validity of orders and with addressing the consequences of admittedly legitimate decrees. 

PTX
Econ D – 1NC
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. 403-425cs
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.
2AC – Standard
Won’t pass—neither part will negotiate
Weisman 9/12—Jonathan, NYT
www.nytimes.com/2013/09/13/us/politics/at-meeting-with-treasury-secretary-boehner-pressed-for-debt-ceiling-deal.htmlab
WASHINGTON — With the Syrian crisis receding on Capitol Hill, Congress on Thursday plunged
AND
political games” and suggested that many Republicans had lost touch with reality.
Water reform bills thump
Tate 9/11—Curtis, Washington Bureau
http://www.kansascity.com/2013/09/11/4474921/house-adds-water-infrastructure.htmlab
Lawmakers in the House of Representatives introduced their version of a bill Wednesday to move
AND
business, including the farm bill, immigration reform and the debt limit.
Congress just passed limitations of indefinite detention—non uniques the DA
Alexander 13—Janet, law prof @ Stanford
3/21, illinoislawreview.org/wp-content/ilr-content/articles/2013/2/Alexander.pdfab/cs
Congress also passed legislation requiring suspected members of al- Qaeda or “associated forces
AND
, the D.C. Circuit has since rendered those protections toothless.
National Security Court would be bipart
McCarthy 13 – Andrew, senior fellow at the National Review Institute and the executive director of the Philadelphia Freedom Center
Feb 9, http://www.nationalreview.com/articles/340225/problems-white-paper-andrew-c-mccarthy/page/0/2cs
For many years, I have argued that we need a new national-security
AND
executive discretion but avoids the dangerous excesses of the Justice Department white paper.
Fiat solves the link – the plan just IS, and Congress like it; the Disad is a “would” question
Winners win
Marshall 11 – Bryan W, Miami University and Brandon C. Prins, Howard H. Baker, Jr. Center for Public Policy
2011, “Power or Posturing? Policy Availability and Congressional Influence on U.S. Presidential Decisions to Use Force”, Sept, Presidential Studies Quarterly 41, no. 3cs
Presidents rely heavily on Congress in converting their political capital into real policy success.
AND
made with an eye toward managing political capital at home (Fordham 2002).
Obama is hands off—he won’t restrict his own power—Cabinet members would take the blame
Becker 12—Jo, NYT
5/29/12, http://www.nytimes.com/2012/05/29/world/obamas-leadership-in-war-on-al-qaeda.html?pagewanted=alland_r=0ab
Walking out of the Archives, the president turned to his national security adviser at
AND
Emanuel, blocked them, saying health care reform had to go first.
Not Intrinsic – a logical policymaker could do the plan and not backlash against the agenda

Tournament: Shirley | Round: 7 | Opponent: Harvard Herman-Xu | Judge: Woodruff

Geneva

law can effectively restrain the executive

Huq 12 – Aziz Z., Assistant Professor of Law, University of Chicago Law School
~"Binding the Executive (by Law or by Politics)", May 25, www.law.uchicago.edu/files/file/400-ah-binding.pdf~cs
The Executive Unbound paints a n image of executive discretion almost or completely unbridled by
AND
up the statutory status quo ante play a role in delimiting executive discretion.

Legit

Policymakers act as if cred matters

Tang 5 Shiping, associate research fellow and deputy director of the Center for Regional Security Studies at the Chinese Academy of Social Sciences in Beijing, January-March, "Reputation, Cult of Reputation, and International Conflict," Security Studies, Vol. 14, No. 1, p. 34-62
The problem, of course, is that politicians usually do not have such nuanced
AND
which hereafter will be referred to as "reputation" unless specified otherwise).

Warming is overall worse for ag

EDF 9 – Environmental Defense Fund
~Jan 13, "Global Warming Myths and Facts," http://www.edf.org/page.cfm?tagID=1011~~cn
Any beneficial effects will be far outweighed by damage and disruption. Even a warming
AND
Less developed countries and natural ecosystems may not have the capacity to adapt.

Warming will be too fast and too intense – plants will suffer

Lyderson 9 – Kari, Washington Post
~Feb 15, http://www.washingtonpost.com/wp-dyn/content/article/2009/02/14/AR2009021401757.html~~cn
On land, rising carbon dioxide levels had been expected to boost plant growth and
AND
past are likely to become drier as temperatures rise, growing more vulnerable.

Fertilization effects are exaggerated and our turns outweigh

Stern 7 – Nicholas, Head of the British Government Economic Service, Former Head Economist for the World Bank
~"The Economics of Climate Change: The Stern Review", Cambridge University Press, p. 70~cn
Carbon dioxide is a basic building block for crop growth. Rising concentrations in the
AND
droughts intensify and critical temperature thresholds for crop production are reached more often.

A2: Security K – 2AC

Perm: Do the plan and all parts of the alternative that don’t explicitly reject it

If the alt solves the status quo, it can overcome any residual link to the plan

We’re not the State – we identify REAL threats – and we have to work within this system to change it

Tuathail 2k – Gearoid, Associate Professor of Political Geography at Virginia Tech
~Geopolitics @ Millennium, Paranoid Fantasies and Technological Fundamentalism Amidst the Contradictions of Contemporary Modernity, p. online~cn
History indicates that the everyday practice of geopolitics is often motivated and given meaning by
AND
paranoids, it happens, do not have a bad record at all.

The perm recognizes security can be used for good and bad – this is key to achieve real change

Floyd 7 – Rita, Ph.D., ESRC post-doctoral fellow
~"Towards a consequentialist evaluation of security," Review of International Studies, 33, 327–350~cn
This article constitutes an attempted bridge-building between the so-called ’Copenhagen
AND
analyst, allowing for normative – but denying infinite – conceptualisations of security.

The plan just prevents a certain proximate factors from erupting into conflict – it’s not an endless quest for perfect security

The ROB is the plan vs a competitive policy option – You should weigh the implementation of the aff – otherwise it deprives us of our only unique offense against the K – hold the alt to reciprocal fiat power

Our framing of warming overcomes disbelief and mobilizes public responses

Romm 12 – Joe, Ph.D. in physics from MIT, Fellow at American Progress and is the editor of Climate Progress, acting assistant secretary of energy for energy efficiency and renewable energy in 1997, Time named him a "Hero of the Environment? and "The Web’s most influential climate-change blogger."
~"Apocalypse Not: The Oscars, The Media And The Myth of ’Constant Repetition of Doomsday Messages’ on Climate", http://thinkprogress.org/romm/2012/02/26/432546/apocalypse-not-oscars-media-myth-of-repetition-of-doomsday-messages-on-climate/~~23more-432546~~cs
The two greatest myths about global warming communications are 1) constant repetition of doomsday
AND
by most of the rest of the media, intelligentsia and popular culture.

The K is circular – means there’s no impact and no alt

Floyd 7 – Rita, Ph.D., ESRC post-doctoral fellow
~"Towards a consequentialist evaluation of security," Review of International Studies , 33, 327–350~cn
Wæver’s assertion that the two schools might be complementary is crucial, thus not only
AND
– depending on whether or not they are seen as positive or negative.

Case turns the K – all the negative aspects of security are exacerbated during times of actual conflict

Security is a self-denying prophecy – the alt 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.

"Root cause" isn’t offense – we still solve the sufficient short-term proximate causes

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.

Reps are potential, not mandatory – you can vote for the plan for non-security justifications – it’s logical and avoids reactionary conservatism

Attempts to break down threat con create global psychosis – 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.

Warming CP

Perm do both

Perm do the CP – must compete functionally – Ikenberry says the US could encourage countries to do this post-aff

Geo-engineering doesn’t solve our CO2 bad impacts, doesn’t alleviate warming, and independently destroys the environment

Mooney 8 – Chris, visiting associate in the Center for Collaborative History at Princeton University and the author of three books
~Jun 23, http://www.wired.com/science/planetearth/magazine/16-07/ff_geoengineering?currentPage=all~~23ixzz125sPS2P1~~cn
Al Gore isn’t buying it, and neither are mainstream green organizations. "People
AND
, more specifically, whether it would automatically translate into stunted plant growth.

Geo-engineering links to politics

Mooney 8 – Chris, visiting associate in the Center for Collaborative History at Princeton University and author of 3 books
~Jun 23, http://www.wired.com/science/planetearth/magazine/16-07/ff_geoengineering?currentPage=all~~23ixzz125sPS2P1~~cn
In Aspen, Wood didn’t pull any punches. "He was being outrageous,"
AND
offset one another very well, especially on a regional or seasonal basis.

Closing Guantanamo brings the US in accordance with EU accords—strengthening relations

Groothuis and Niemann 12—Marga, asst prof of constitutional law @ Leidan University; Arne, prof of international politics @ University of Mainz
~http://www.politik.uni-mainz.de/cms/Dateien/mpiep03.pdf~~ab
Centrality of the norms in the EU-US relationship Next, it is necessary
AND
and humanitarian law principles in the pursuit of its "war on terror".

Currently struggling relations are key to solving a multitude of regional conflicts—all likely to go global—aff solves the internal link to every impact

Stivachtis 10—Yannis, director of the International Studies Program @ Virginia Tech
~http://www.rieas.gr/research-areas/global-issues/transatlantic-studies/78.html~~ab
There is no doubt that US-European relations are in a period of transition
AND
of threats is clearly perceived by publics on both sides of the Atlantic.

A2: Iran DA

Iran doesn’t have the motive or capacity to be aggressive

Kaye 9 – Dalia, senior political scientist, RAND, CFR member and former prof at George Wash, PhD in pol sci from UC Berkeley; Nora Bensahel,adjunct prof of IR at Georgetown, PhD in pol sci from Stanford; Jerrold D. Green, research professor, USC, PhD in pol sci from U Chicago; Frederic Wehrey, Senior analyst at RAND, Former Georgetown prof. D.Phil. candidate in IR, Oxford, Master’s in near Eastern studies, Princeton
~Dangerous But Not Omnipotent, Report by RAND for the Airforce and DOD, http://www.rand.org/content/dam/rand/pubs/monographs/2009/RAND_MG781.pdf~~sr
To accurately gauge the strategic challenges from Iran over a ten to fifteen-year
AND
, ties to Islamist groups, and ability to influence Arab public opinion. 

Congress just passed limitations of indefinite detention—non uniques the DA

Alexander 13—Janet, law prof @ Stanford
~3/21, illinoislawreview.org/wp-content/ilr-content/articles/2013/2/Alexander.pdf~ab/cs
Congress also passed legislation requiring suspected members of al- Qaeda or "associated forces
AND
, the D.C. Circuit has since rendered those protections toothless.

Sanctions are inevitable – huge bipartisan support

Klapper 11/14 – Bradley, AP
~http://www.chinapost.com.tw/international/americas/2013/11/14/393621/Obama-seeks.htm~~cs
The Republican-led House of Representatives overwhelmingly approved new Iran sanctions in July.
AND
to the Iranians than some of the people trying to pursue a deal."

PC can’t help Obama get a sanction deal – Senator Kirk is key and says no

Klapper 11/14 – Bradley, AP
~http://www.chinapost.com.tw/international/americas/2013/11/14/393621/Obama-seeks.htm~~cs
The Obama administration is pleading with Congress to allow more time for diplomacy with Iran
AND
concrete Iranian actions to roll back and dismantle elements of the nuclear program.

A rational actor could do the plan and not backlash against the agenda

"Political Capital" is a myth

Hirsh, 13 — Chief correspondent for National Journal
~Michael Hirsh, Chief correspondent for National Journal; previously served as the senior editor and national economics correspondent for Newsweek, based in its Washington bureau, There’s No Such Thing as Political Capital, National Journal, February 7, 2013.~(nsb)
On Tuesday, in his State of the Union address, President Obama will do
AND
to do with Obama’s political capital or, indeed, Obama at all.

Sanctions are key to appeasing Netanyahu – The impact is Israeli strikes

AP 11/15 – reposted on Fox News
~2013, http://www.foxnews.com/world/2013/11/15/israeli-pm-takes-to-twitter-to-urge-west-to-avoid-bad-deal-over-iran-nuclear/?intcmp=latestnews~~cs-http://www.foxnews.com/world/2013/11/15/israeli-pm-takes-to-twitter-to-urge-west-to-avoid-bad-deal-over-iran-nuclear/?intcmp=latestnews5dcs
Israeli Prime Minister Benjamin Netanyahu took to Twitter on Friday to keep up pressure on
AND
also know a thing or two. We are not the only ones."

Fiat solves – the plan just IS, and Congress like it; the Disad is a "would" question

Israeli strike triggers global nuclear war

Morning Star 6
~Jan 13, Lexis~
Peace campaigners warned yesterday that the world faces a renewed threat of "all-
AND
third world war - and even, possibly, all-out nuclear war

Sanctions aren’t key – Obama under-the-table counter measures solves the impact

Lake 11/8 – Eli, The Daily Beast
~http://www.thedailybeast.com/articles/2013/11/08/exclusive-obama-s-secret-iran-d-tente.html~~cs
But the enforcement of sanctions, experts said, is very different than the process
AND
Iranians are proliferating the number of front companies and cutouts to bust sanctions."

A2: Prez Powers DA – 2AC

Zero risk of Korean Conflict

Rowland 10 – Ashley, reporter at the Gainesville Sun and the Chattanooga Times Free Press before going to Stars and Stripes
~12/3, Despite threats, war not likely in Korea, experts say, http://www.stripes.com/news/despite-threats-war-not-likely-in-korea-experts-say-1.127344?localLinksEnabled=false-http://www.stripes.com/news/despite-threats-war-not-likely-in-korea-experts-say-1.127344?localLinksEnabled=false.~~ mz
Despite increasingly belligerent threats to respond swiftly and strongly to military attacks, analysts say
AND
people to be hit in a full-scale fight would be the elites

Syria tanked resolve

Cordseman 13 – Anthony, Arleigh A. Burke Chair in Strategy at the Center for Strategic and International Studies (CSIS) in Washington, D.C.
~9/1, "President Obama and Syria: The ’Waiting for Godot’ Strategy," http://csis.org/publication/president-obama-and-syria-waiting-godot-strategy~~cs
Instead, the Administration first rushed into the kind of rhetoric you only use if
AND
to return for its holiday. The message to the world is obvious.

Link is about drone courts – lol

Oversight doesn’t determine flexibility—-tech, elusive enemies and personnel outweigh

Holmes 9 – Stephen, Walter E. Meyer Professor of Law, New York University School of Law
~"The Brennan Center Jorde Symposium on Constitutional Law: In Case of Emergency: Misunderstanding Tradeoffs in the War on Terror", April, California Law Review, 97 Calif. L. Rev. 301, Lexis~cs
Even if the promoters of unfettered executive power were justified in associating legal rules with
AND
is the fruit of wishful thinking is the least that might be said.

No link – NSC preserves enough executive flexibility

McCarthy and Velshi 9 – Andrew, Director of the Center for Law 26 Counterterrorism at the Foundation for the Defense of Democracies and Alykhan, attorney at the Center for Law 26 Counterterrorism
~Aug. 20, "Outsourcing American Law," AEI Working Paper, http://www.aei.org/files/2009/08/20/20090820-Chapter6.pdf~~cs
What is an asset in the criminal justice system, however, would be a
AND
be at liberty to create new entitlements by analogizing to ordinary criminal proceedings.

Focus on credibility causes terrible policy—-the aff’s a better approach

Jonathan Mercer 8/28, 2013, associate professor of political science at the University of Washington in Seattle and a Fellow at the Center for International Studies at the London School of Economics. Bad Reputation, 28 August 2013, www.foreignaffairs.com/articles/139376/jonathan-mercer/bad-reputation
Even if Assad were so simpleminded, the administration’s critics are wrong to suggest that
AND
suicide out of fear that others might later wrongly think one is dead.
It is also possible that the United States did not factor into Assad’s calculations.
AND
, if overthrowing Assad were easy, it would already have been done.
Instead of worrying about U.S. credibility or the president’s reputation, the administration should focus on what can be done to reinforce the longstanding norm against the use of weapons of mass destruction. 

Their impact evidence is describing the SQ

Joffe 13 – Josef, WSJ
~Exploiting Obama’s Foreign Policy Retreat~cs
"We are extremely disappointed," the White House press secretary said after Moscow granted
AND
in the Middle East has been a top American priority since the 1970s.
and Imperial Japan. In our time, it is second-rate powers like Russia and Iran, and non-nations like Hezbollah, that are taking on the United States, and they do so because they can.

Tournament: NDT | Round: 1 | Opponent: Missouri State BR | Judge: Decker, Struth, Watson
A2: Deterrence DA – 2AC
counterforce will fail now – we don’t have enough weapons
Spring 13 (Baker Spring, M. Kirby Research Fellow in National Security Policy in the Douglas and Sarah Allison Center for Foreign Policy Studies,  “Disarm Now, Ask Questions Later: Obama’s Nuclear Weapons Policy,” July 2013) http://www.heritage.org/research/reports/2013/07/disarm-now-ask-questions-later-obamas-nuclear-weapons-policy
The evidence in the NPRIS fact sheet supporting the argument that the numbers were chosen
AND
deterrent, drive a review of the U.S. nuclear force.
The most significant flaws are:
Flaw #1: An obscure targeting policy. The NPRIS states that U.
AND
principle of liberty, it values the security and prosperity of its people.
Thus, the most effective nuclear deterrent for the U.S. against a
AND
from the White House requiring that the DOD to pursue it.10
Accordingly, the problem with the NPRIS is that a counterforce employment and targeting policy
AND
.S. faces a coalition of strategic enemies made possible by proliferation.
We control uq – 1AC Evans
Link in 1NC was NFU…
RLOAD allows retaliation – their links aren’t specific enough
Phillips and Star 4 – Alan, M.D., Cambridge physicist, radar researcher during WW2 , and Steven, nuclear engineer, medical technologist
http://www.wagingpeace.org/articles/2004/09/00_phillips_eliminate-launch-warning.htmcs
No-LoW is compatible with deterrence The purpose of deterrence is to prevent either
AND
- an accidental war due to a false warning - will be eliminated.
Miscalc makes deterrence collapse more likely
Avery 14 – John, B.Sc. in theoretical physics from MIT and
AND
1988- 1997). Chairman of the Danish Peace Academy, April 2004.
Feb 2, An Accident Waiting To Happen, CounterCurrentscs
An accident waiting to happen. The probability of a catastrophic nuclear war occurring by
AND
, through technical accident or human failure, mutual deterrence might thus collapse."
Deterrence collapses immediately – LOW is irrelevant if the attack is real but RLOAD does not hurt retaliation cred
Phillips and Starr 7 – Alan, M.D., Cambridge physicist, radar researcher during WW2 , and Steven, nuclear engineer, medical technologist
Jan 8, http://www.worldfederalistscanada.org/rload/Replace_LoW_Policy_8Jan.pdfcn
RLOAD is compatible with deterrence The purpose of deterrence is to prevent either side from
AND
first strike" will be successful, as the following discussion will show.

Tournament: NDT | Round: 1 | Opponent: Missouri State BR | Judge: Decker, Struth, Watson
A2: ICJ CP – 2AC Frontlines
No solve warming advantage
Offshore balancing and nukes deter war
Adams 11 – Professor U.S. Foreign Policy Program – American University, Distinguished Fellow – Stimson Center
Gordon, “A Leaner and Meaner Defense,” Foreign Affairs, Vol. 90 Iss. 1, January/Februarygw
Some people point to China as a successor to the Soviet Union and cite it
AND
when they involve a stabilization mission, governance reform, and economic development.
The counterplan’s appeal to a specific institution over a narrow policy results in fragmentation that turns the net benefit
Downs 7 – George, Stanford Law Review
Nov, “EMPIRE'S NEW CLOTHES: POLITICAL ECONOMY AND THE FRAGMENTATION OF INTERNATIONAL LAW
The decades following the end of the Cold War have witnessed the growing proliferation of
AND
one becomes too responsive to the interests of weaker states and their agents.
Perm: Have the ICJ rule and implement the plan as the result.
Not severance – whole plan is done. Permutation just specifies implementation mechanism.
Not intrinsic – includes only the plan and c-plan.
It’s justified because the c-plan includes the whole aff and doesn’t have a solvency advocate for ICJ ruling on the plan.
U.S. won’t go along with ICJ restrictions on the use of nukes, or the CP gets rolled back
Hirsch 6 – Jorge, Professor of physics. University of California
Mar 10, http://www.antiwar.com/hirsch/?articleid=8678cn
Addressing the legal status of the threat and use of nuclear weapons, the International
AND
as a member state of the United Nations recognizes its jurisdiction and judgments.

Perm: The USFG should abide by the authority of the ICJ by adopting a policy of RLOAD.
Precedent already exists
Granoff 9 – Jonathan, president of the Global Security Institute
“The Process of Zero,” http://www.mitpressjournals.org/doi/pdf/10.1162/wopj.2010.26.4.85cn
If we conclude that nuclear weapons are more of a hazard than any problem they
AND
the goals of the NPT, in a way that promotes international stability.”
Cosmopolitanism is already occurring, specifically in terms of nukes
Sato 9 – Yoshiaki, international lawyer
TOWARDS THE INSTITUTIONALIZATION OF COSMOPOLITAN LAW-MAKING, Alberta Law Review, LN
The emergence of de facto cosmopolitan law-making activities, as well as the
AND
better framework to serve the citizens of the world in this age of globalization
The CP has the U.S. follow the ICJ’s decision, that’s a voting issue:
1) It fiats a mindset shift in the relevant USFG actors – arguing the ruling wouldn’t be implemented is crucial aff offense
2) Counter-interpretation: the neg only gets to fiat the U.S. recommends the plan, not that they follow it – otherwise, the CP is just the plan with a specified implementation mechanism

Tournament: NDT | Round: 1 | Opponent: Missouri State BR | Judge: Decker, Struth, Watson
A2: Politics Generic 2AC
Obama will have no PC the rest of his presidency – he’ll resort to XO
Cook 14 – Charlie, National Journal
Mar 17, Political Déjà Vu, National Journal. Lexiscs
President Obama's job-approval ratings are very likely to remain pretty much where they
AND
have to suck it up; it isn't likely to change anytime soon.
Online Gambling Bill thumps the DA
Demirjian 3/26
Karoun Demirjian, No poker exception in new legislation in Congress to ban online gaming, March 26, 2014, http://lasvegassun.com/news/2014/mar/26/no-poker-exception-new-legislation-congress-ban-on//joe)
Authors of the new online gaming bill in Congress have issued a challenge to Nevada
AND
page piece of legislation is going to inspire some pretty heavy political conflict.
No impact to economic decline – Newest Data
Drezner 14 – Daniel, Professor of International Relations at Tufts
Jan, The System Worked: Global Economic Governance during the Great Recession, World Politics, Volume 66. Number 1, January 2014, pp. 123-164cs
The final significant outcome addresses a dog that hasn't barked: the effect of the
AND
surge in protectionist nationalism or ethnic exclusion that might have been expected."43
Signals indicate resilient economy
Mantell 2/20 – Ruth, Journalist for MarketWatch and WSJ.
2/20/14, MarketWatch, “Leading data signal ‘resilient’ economy in 2014.’ http://www.marketwatch.com/story/leading-data-signal-resilient-economy-in-2014-2014-02-20cc
The economy will likely “remain resilient” in the first half of 2014,
AND
.2 for the six-month period that ended in December.
Unemployment insurance thumps – it’s top of the agenda
O’Keefe 3/27 – Ed, Washington Post
2014, http://www.washingtonpost.com/blogs/post-politics/wp/2014/03/27/senate-launches-debate-on-extending-unemployment-insurance/cs
But its outcome in the House remains uncertain, as Speaker John A. Boehner
AND
a proposal to raise the federal minimum wage to $10.10.
Loser’s lose is false
Beutler 13 – Brian, Salon staff writer
9/9, GOP’s massive new lie: The truth about Obama’s second term, www.salon.com/2013/09/09/syria_wont_derail_obamas_second_term_house_republicans_will/cs
When President Obama decided to seek authorization to bomb Syria, he didn’t just throw
AND
or a farm bill, or a budget deal, or anything else.
Logical policymaker could do the plan and not backlash against the agenda
Court action dodges the link
Rosenberg 91 – Gerald, professor of political science at University of Chicago
The Holl

Tournament: NDT | Round: 1 | Opponent: Missouri State BR | Judge: Decker, Struth, Watson
A2: T – Troops – 2AC
We Meet – troops launch the missiles and are threatened by strikes – makes US a zone of hostilities – and, we would follow a nuclear strike with ground troops immediately
C/I – Armed Forces means troops and non-civilian weapons
Manuel 12 – Victor, J.D. from University of California at San Diego
http://www.victortorreslaw.com/blog/is-the-second-amendment-outdated.htmlcs
Times have changed. Today, no one questions the need for the government to
AND
. Fighting in the streets, mass civilian slaughters and untold human suffering.
C/I– Armed force aren’t just troops and hostilities are violent actions directed toward an enemy
Healey 12 – Jason Healey, director of the Cyber Statecraft Initiative at the Atlantic Council, and A.J. Wilson, visiting fellow at the Atlantic Council, edited version of a paper which first appeared a special edition of the Georgetown Journal of International Affairs
“Cyber Conflict and the War Powers Resolution: Congressional Oversight of Hostilities in the Fifth Domain,” 2012) http://www.acus.org/files/publication_pdfs/403/bsc130221cyberwprpub.pdfgw
Arguing the point, an administration lawyer might ask, rhetorically, what exactly do
AND
, the DoD recognizes they would be engaged in hostile acts in cyberspace.
Prefer Our Interpretation:

1. We control uniqueness – no-one is running hostilities affs– their interpretation locks the aff into stale mechanisms that prevent innovation
   2. Our definition is most predictable and key to real world education
   Fisher 11 – Louis Fisher, Scholar in Residence, The Constitution Project, testimony to the Committee on Senate Foreign Relations
   “LIBYA AND WAR POWERS,” 6/28/11gw
   The Obama administration has been preoccupied with efforts to interpret words beyond their ordinary and
   AND
   of peace to a state or war without seeking and obtaining congressional authority.
   3. They limit out future conflicts
   Takeyh 12 – Nikolas K. Gvosdev a professor of national security studies at the U.S. Naval War College, Ray Takeyh is a senior fellow for Middle Eastern studies at the Council on Foreign Relations
   Jan/Feb 2012 “Decline of Western Realism,” The National Interest, Proquestgw
   Finally, there is the ongoing revolution in military affairs - particularly the emergence of
   AND
   , the Obama team may be prepared to start implementing this new approach.
   4. War powers debates are meaningless without nukes
   Wills 10
   5. No limits explosion –Agent CPs solve any aff that doesn’t talk about authority and we link worse to hostilities DAs
   6. It’s predictable – it’s defended in the literature, and teams have been reading nuclear affs all year
   7. Good is good enough

Tournament: Adanationals | Round: 4 | Opponent: Wake Forest Hurwitz-Sugino | Judge: Gayetsky

Miscalc – 1AC

Advantage 1 is Miscalculation:

Miscalc is the only scenario for nuclear war

Evans 10 – Gareth, President and Chief Executive of the Brussels-based International Crisis Group, Report of the International Commission on Nuclear Non-proliferation and Disarmament
~"ELIMINATING NUCLEAR THREATS," ICNND, Online~cn
Maintaining thousands of nuclear warheads on dangerously high launch on warning alert is the ultimate
AND
maker miscalculation should to an important degree be attributed to sheer luck.’

And it’s inevitable:

First, early warning glitches and human error

Phillips 26 Starr 4 – Alan, M.D., Cambridge physicist, radar researcher during WW2 , and Steven, nuclear engineer, medical technologist
~May/Jun, "Let’s go No-LOW," Bulletin of the Atomic Scientists, Vol 60: No 3~cn
As long as the United States and Russia retain their arsenals of nuclear-armed
AND
systems may not only cease to provide redundancy—it may amplify mistakes.

Second, overlapping false alarms

Sennott 1 – Linn, Ph.D., Professor of Mathematics, Illinois State University
~http://www-ee.stanford.edu/~~hellman/Breakthrough/book/chapters/sennott.html~~cn
Data made available by the American government under its Freedom of Information Act show that
AND
false alarm rates are one hundred per year for both satellites and radars.

Third, short decision-making times

Barrett 13 – Anthony, PhD in Engineering and Public Policy from Carnegie Mellon University
AND
BS in Political Science from Columbia and Research Assistant at Global Catastrophic Risk Institute
~June 28, Analyzing and Reducing the Risks of Inadvertent Nuclear War Between the United States and Russia~cs
Attack indicators may or may not be resolved (identified as a false alarm)
AND
error-prone LOW posture during periods of high tensions or crisis.34

And fourth, deliberate cyber-attacks on early warning systems

Fritz 9 – Jason, radar signaling specialist, International Commission on Nuclear Nonproliferation and Disarmament
~Jul 30, http://www.ifap.ru/pr/2009/n090730a.pdf~~cn
The US nuclear arsenal remains designed for the Cold War. This means its paramount
AND
in order to issue false voice commands (Andersen 2001, Chapter 16). 

Miscalc sparks US-Russia war and causes extinction

——Weather, computer chips, wild animals, training tapes, intentional manipulation
Barrett 13 – Anthony, PhD in Engineering and Public Policy from Carnegie Mellon University
AND
BS in Political Science from Columbia and Research Assistant at Global Catastrophic Risk Institute
~June 28, Analyzing and Reducing the Risks of Inadvertent Nuclear War Between the United States and Russia~cs
War involving significant fractions of the U.S. and Russian nuclear arsenals,
AND
making one or both nations more likely to misinterpret events as attacks. 16

Russia’s war plans ensures they’ll retaliate

Thompson 9 – Nicholas, senior editor of Wired
~Sept 21, "Inside the Apocalyptic Soviet Doomsday Machine," Wired~cn
"The Perimeter system is very, very nice," he says. "We
AND
. After all, he says, Dead Hand is continuously being upgraded.

It’s try or die for the aff

Spencer 5 – Metta, Professor of Sociology at the University of Toronto
~Dec 31, http://metta-spencer.blogspot.com/2005_12_01_archive.html~~cn
The problem with "launch-on-warning"
AND
independent as Colonel Petrov.

The past is not predictive – close calls prove the risk of accidental war is high

Sagan 93 – Scott, professor of political science and co-director of the Center for International Security and Cooperation
~"The limits of safety: Organizations, accidents, and nuclear weapons" pp. 11-12~cn
One possibility is to assume that this central fact proves that the danger of nuclear
AND
—even an apparently perfect final safety record may not inspire extreme confidence.

India and Pakistan model the U.S.

Mian 2 – Zia, Physicist at Princeton and Frank Hippel, Professor of Public and International Affairs at Princeton
~"U.S.-Russian Lessons for South Asia". August 2, 2002. Foreign Policy in Focus. http://www.fpif.org/fpiftxt/437~~cs
The current South Asian crisis seems to have ebbed, but the underlying dynamic remains
AND
Russia instead of sending them forward in a threatening manner—as it does

That risks nuclear conflict

Beres 98 – Louis Rene, PhD Princeton
~American University International Law Review. "In a Dark Time: The Expected Consequences of an India-Pakistan Nuclear Exchange" 1998. Lexis.~cs
Indian and Pakistani inclinations to launch preemptive strikes may also be affected by the other’s
AND
of accidental or unauthorized attacks against each state’s own armaments and population centers. 

Extinction

Hundley 12 – Tom, Former Journalist and Analyst at the Pulitzer Center on Crisis Reporting: Pakistan and India
~Race to the End, Sep 5, http://pulitzercenter.org/reporting/pakistan-nuclear-weapons-battlefield-india-arms-race-energy-cold-war-http://pulitzercenter.org/reporting/pakistan-nuclear-weapons-battlefield-india-arms-race-energy-cold-war~~cs
Pakistan, with an estimated 90 to 120 warheads, is now believed to be
AND
it, but neither seems able to slow their dangerous race to annihilation.

Retaliatory Launch Only After Detonation, or RLOAD, solves nuclear miscalc

Phillips 26 Starr 7 – Alan, M.D., Cambridge physicist, radar researcher during WW2 , and Steven, nuclear engineer, medical technologist
~Jan 8, http://www.worldfederalistscanada.org/rload/Replace_LoW_Policy_8Jan.pdf~~cn
Replacing LoW with RLOAD would require, in the American system, feeding any positive
AND
the predicted time of arrival, the crews would revert to peacetime readiness.

RLOAD bans launches based on false alarm – first strikes don’t take out our solvency

Starr 9 – Steven, senior scientist with Physicians for Social Responsibility; Director of Clinical Laboratory Science Program, University of Missouri-Columbia; Areas of Expertise: Taking nuclear weapons off high-alert status
~"New Terms for a Common Understanding of De-Alerting," http://www.nucleardarkness.org/highalert/~~23_ftn8~~cn
Preemptive Launch is the unambiguous
AND
to an incoming strike of conventional warheads.14

Warming – 1AC

Advantage 2 is Warming

Warming is anthropogenic – this is the culmination of almost a 12,000 studies

Cook 13 – John, Global Change Institute, University of Queensland, Australia
~15 May, Quantifying the consensus on anthropogenic global warming in the scienti?c literature. Environ. Res. Lett. 8 (2013) 024024 (7pp)~cs
We analyze the evolution of the scienti?c consensus on anthropogenic global warming (AGW)
AND
the consensus on AGW is a vanishingly small proportion of the published research.

And, warming is speeding up – negative feedbacks and CO2 good arguments have been disproven

Artic Permafrost, Less land-based absorption of CO2, winds expose deep water layers, vegetation, wildfires
Lyderson 9 – Kari, Washington Post
~Feb 15, http://www.washingtonpost.com/wp-dyn/content/article/2009/02/14/AR2009021401757.html~~cn
The pace of global warming is likely to be much faster than recent predictions,
AND
past are likely to become drier as temperatures rise, growing more vulnerable.

But, it’s not irreversible yet – there is no leg between cuts and response

Desjardins 13 – Clea, member of Concordia university Media Relations Department, academic writer, citing Damon Matthews; associate professor of the Department of Geography, Planning and Environment at Concordia University, PhD, Member of the Global Environmental and Climate Change Center
~"Global Warming: Irreversible but Not Inevitable,"~cs
There is a persistent misconception among both scientists and the public that there is a
AND
mitigation challenge, clarifying these points of hope is critical to motivate change."-http://www.concordia.ca/now/what-we-do/research/20130402/global-warming-irreversible-but-not-inevitable.php)

U.S. action on climate change gets modeled abroad

AFP 9 – American Foreign Policy, Princeton University political affairs blog
~Dec 19, http://afpprinceton.com/2009/12/a-leadership-opportunity-how-the-u-s-should-approach-climate-change/~~cn-http://afpprinceton.com/2009/12/a-leadership-opportunity-how-the-u-s-should-approach-climate-change/5dcn
Though few are optimistic that the community of nations will reach a substantive international agreement
AND
leader, it would be difficult to justify the participation of anyone else.

Warming turns every impact and causes extinction – adaptation isn’t possible to 4 degrees

Roberts 13 – David, Grist *citing the World Bank comprehensive climate study
~Jan 10, http://grist.org/climate-energy/climate-alarmism-the-idea-is-surreal/~~cs-http://grist.org/climate-energy/climate-alarmism-the-idea-is-surreal/5dcs
What would 4 degrees look like? A recent World Bank review of the science
AND
"alarmist" in this context. What level of alarm is adequate?

Warming makes oceans acidic – the impact is extinction

Kristof 6 – Nicholas, New York Times, American journalist, author, op-ed columnist, and a winner of two Pulitzer Prizes
~Jul, "Scandal Below the Surface," Online~cn
If you think of the earth’s surface as a great beaker, then it’s filled
AND
. We stand, so to speak, on the shoulders of plankton.

Status quo Supreme Court precedent does not grant standing to those wishing to file suits based on potential harms to future generations

Mank 9 – Bradford, Professor of Law, University of Cincinnati College of Law
~34 Colum. J. Envtl. L. 1, LEXIS~cn
Many issues, especially potential environmental catastrophes caused by climate change, affect not just
AND
plaintiff who seeks only to protect the rights or interests of future generations. 

Ruling on launch on warning gives the Court a solid case to establish a precedent in favor of intergenerational justice

Johnson 87 – Clifford, professor in Physics and Astronomy at the University of Southern California
~Spring, http://cpsr.org/prevsite/publications/newsletters/old/1980s/Spring1987.txt/~~cn
The Nunn-Warner group’s work in some areas, notably including test ban proposals
AND
as Justice Goldberg observed: "The Constitution is not a suicide pact."

Posterity Clause ruling on the plan establishes intergenerational standing that solves warming

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

Plan

Plan: United States federal judiciary should substantially increase judicial restrictions on the President’s authority to introduce armed forces into hostilities by holding that policies that allow the United States to launch a retaliatory nuclear attack before a nuclear detonation in the United States are unconstitutional under the Posterity Clause because these policies represent an unacceptable risk of irreversible damage to the rights of future generations.

Solvency

Launch On Warning is still in place

Gronlund 14 – Lisbeth, Co-director of Global Security at Union of Concerned Scientists, Physicist, expert on technical issues related to U.S. nuclear weapons policy, and new nuclear weapons, space weapons, and ballistic missile defenses
~Jan 17, http://blog.ucsusa.org/drugs-lies-cheating-nuclear-missiles-378~~cs-http://blog.ucsusa.org/drugs-lies-cheating-nuclear-missiles-3785dcs
These misadventures demonstrate that this system—like all systems—is fallible. But
AND
the policy remains unchanged. President Obama, what are you waiting for?

Their court DA links are terminally non-unique

Donnelly 14 – Tom, Constitutional Accountability Center’s Message Director and Counsel; former Climenko Fellow and Lecturer on Law at Harvard Law School
~Feb 19, http://blog.constitutioncenter.org/2014/02/six-reasons-why-the-greenhouse-gas-cases-are-worth-watching/~~cn
3) The Battle Over Presidential Power Rages On:  Both before and after this
AND
v. EME Homer (on the Cross-State Air Pollution Rule).

Self-interest and normative pressure means the executive will comply with Court decisions

Pildes 12 – Richard, Sulder Family Professor of Constitutional Law at the NYU School of Law and the Co-Director of the NYU Center on Law and Security
~"Book Review: Law and the President", Harvard Law Review, April, 125 Harv. L. Rev. 1381, Lexis~cs
The Incomplete Consequentialist Theory for the Role of Law For these reasons, I want
AND
distinction that seems of limited pragmatic significance, as the next Part shows.

Multiple past de-alerting measures disprove their links

Blair 8 – Dr. Bruce, President of the World Security Institute
http://www.peaceactionme.org/taking-nuclear-forces-day-day-alert
De-alerting U.S. nuclear
AND
comparable steps in Russia at the direction of President Mikhail Gorbachev.

Armed force include weapons, and hostilities are violent actions directed toward an enemy

Healey 12 – Jason Healey, director of the Cyber Statecraft Initiative at the Atlantic Council, and A.J. Wilson, visiting fellow at the Atlantic Council, edited version of a paper which first appeared a special edition of the Georgetown Journal of International Affairs
~"Cyber Conflict and the War Powers Resolution: Congressional Oversight of Hostilities in the Fifth Domain," 2012) http://www.acus.org/files/publication_pdfs/403/bsc130221cyberwprpub.pdf~~gw
Arguing the point, an administration lawyer might ask, rhetorically, what exactly do
AND
no doubt, the DoD recognizes they would be engaged in hostile acts in

Tournament: tournament | Round: 1 | Opponent: Emory Adler-Bontha | Judge: Galloway
Plan

Start slower

The United States Congress should establish an Article III National Security Court with exclusive jurisdiction over the United States’ indefinite detention policy, specifically individuals detained pursuant to P.L. 107-40.  Congress should mandate that all such individuals be expediently tried or released.

Advantage 1

Advantage 1 is Legitimacy

US credibility is collapsing due to detention policy

Welsh 11 – David, J.D. from University of Utah
~"Procedural Justice Post-9/11: The Effects of Procedurally Unfair Treatment of Detainees on Perceptions of Global Legitimacy", http://law.unh.edu/assets/images/uploads/publications/unh-law-review-vol-09-no2-welsh.pdf~~cs
The Global War on Terror 1 has been ideologically framed as a struggle between the
AND
this article offers a psychological perspective of legitimacy in the context of detention. 

That credibility is key to mobilize cooperation on global issues like warming and disease

Ikenberry 11 – John. G., Albert G. Milbank Professor of Politics and International Affairs at Princeton
~Spring, http://www.democracyjournal.org/20/a-world-of-our-making.php?page=all~~cs
Grand Strategy as Liberal Order Building American dominance of the global system will eventually yield
AND
liberal order building, it can begin the process of gaining it back. 

US leadership is key to bringing countries on board for international climate policy

Shine 12 – Connor, Las Vegas Sun quoting a report from the Brookings Institute
~Nov 14, Expert: International solution to climate change hinges on U.S. leadership. http://www.lasvegassun.com/news/2012/nov/14/expert-international-solution-climate-change-hinge/~~cs-http://www.lasvegassun.com/news/2012/nov/14/expert-international-solution-climate-change-hinge/5dcs
Despite repeated attempts over the past decades to create a plan to curb carbon emissions
AND
to regulating carbon emissions could have negative effects on economic competitiveness and trade.

Warming turns every impact and causes extinction

Roberts 13 – David, Grist *citing the World Bank comprehensive climate study
~Jan 10, http://grist.org/climate-energy/climate-alarmism-the-idea-is-surreal/~~cs-http://grist.org/climate-energy/climate-alarmism-the-idea-is-surreal/5dcs
What would 4 degrees look like? A recent World Bank review of the science
AND
"alarmist" in this context. What level of alarm is adequate?

Warming makes oceans acidic – the impact is extinction

Kristof 6 – Nicholas, New York Times, American journalist, author, op-ed columnist, and a winner of two Pulitzer Prizes
~Jul, "Scandal Below the Surface," Online~cn
If you think of the earth’s surface as a great beaker, then it’s filled
AND
. We stand, so to speak, on the shoulders of plankton.

Globalization means unchecked disease spread causes extinction

Keating 9 – Joshua, Foreign Policy Editor
~11-13, http://www.foreignpolicy.com/articles/2009/11/13/the_end_of_the_world?page=full~~cn
How it could happen: Throughout history, plagues have brought civilizations to their knees
AND
. Biological weapons experimentation has added a new and just as troubling complication.

Detention erodes the institutional credibility that supports US hegemony

Knowles 9 – Robert, NYU Law School
~Spring, "Article: American Hegemony and the Foreign Affairs Constitution", 41 Ariz. St. L.J. 87, Lexis~cs
The hegemonic model also reduces the need for executive branch flexibility, and the institutional
AND
courts to reduce the "deference gap" between foreign and domestic cases.

Material power’s irrelevant – lack of legitimacy makes heg ineffective

Mendelsohn 10 – Barak, assistant professor of political science at Haverford College and fellow at
June, "The Question of International Cooperation in the War on Terrorism", http://www.fpri.org/enotes/201006.mendelsohn.cooperationwarterror.html~~cs
Going against common conceptions, I argue that the United States sought to advance more
AND
This process constrains the hegemon’s actions and prevents the uninhibited exercise of power.

Hegemony is key to prevent global security competitions – key to solve nuclear great power wars

Brooks, Ikenberry, and Wohlforth 13 – Stephen G. Brooks is Associate Professor of Government at Dartmouth, G. John Ikenberry is the Albert G. Milbank Professor of Politics and International Affairs at Princeton University in the Department of Politics and the Woodrow Wilson School of Public and International Affairs, Global Eminence Scholar at Kyung Hee University, and William C. Wohlforth, Daniel Webster Professor in the Department of Government at Dartmouth
~"Don’t Come Home, America: The Case Against Retrenchment, International Security, Vol. 37, No. 3 (Winter 2012/13), pp. 7–51, http://belfercenter.ksg.harvard.edu/files/IS3703_Brooks20Wohlforth20Ikenberry.pdf~~gw
A core premise of deep engagement is that it prevents the emergence of a far
AND
Moreover, switching between offshore and onshore balancing could well be dif ficult.
Advantage 2

Advantage 2 is Modeling

US detention policies are modelled globally—Specifically, Malaysia uses Guantanamo to justify detention abuses

CJA 3—Center for Justice and Accountability
~http://jenner.com/system/assets/assets/5567/original/AmiciCuriae_Center_for_Justice_Int_League_Human_Rights_Adv_For_Indep_Judiciary2.pdf?1323207521-http://jenner.com/system/assets/assets/5567/original/AmiciCuriae_Center_for_Justice_Int_League_Human_Rights_Adv_For_Indep_Judiciary2.pdf?1323207521~~ab
Other Nations Have Curtailed Judicial Review During Times Of Crisis, Often Citing the United
AND
many in emerging democracies around the globe  seek to ensure for their peoples.

It’s reverse causal—hypocrisy on Guantanamo prevents US influence in Malaysia

Mariner 8—Joanne, director of Hunter College’s Human Rights Program. Before joining Hunter in 2011, she worked at Human Rights Watch, most recently as the director of the organization’s Terrorism and Counterterrorism Program. Before joining Human Rights Watch, Mariner served as a law clerk to Judge Stephen Reinhardt of the U.S. Court of Appeals for the Ninth Circuit. She graduated summa cum laude from Barnard College and received a JD from Yale Law School.
~4/24, http://www.counterpunch.org/2008/04/24/u-s-hypocrisy-and-the-malaysian-guant-aacute-namo/~~ab-http://www.counterpunch.org/2008/04/24/u-s-hypocrisy-and-the-malaysian-guant-aacute-namo/5dab
U.S. Hypocrisy and the Malaysian Guantánamo¶ by JOANNE MARINER¶ "
AND
ISA. Hopefully, in both countries, fairer options will soon emerge.

Current Malaysian detention policy destroys Malay rule of law and risks political instability

ALRC 3—Asian Legal Resource Centre
~http://www.alrc.net/doc/mainfile.php/59written_item11f/187~~ab
Political detention under Malaysia’s Internal Security Act¶ 1. In its written statement on
AND
Hishamuddin Rais; and, Free Anwar Campaign director Raja Petra Raja Kamaruddin.

Continued US violations of detention norms justify a world paradigm shift

Chaffee 9 – David, JD. Advocacy Counsel at Human Rights First
~42 Case W. Res. J. Int’l L. 187, "Dismantling Guantanamo: Facing the Challenges of Continued Detention and Repatriation: The Cost Of Indefinitely Kicking The Can: Why Continued "Prolonged" Detention Is No Solution To Guantanamo"~cs
The most oft cited reasons by current and former government officials for closing Guantanamo is
AND
U.S. diplomatic power and ability to champion human rights abroad.

Malaysian is the economic backbone of ASEAN—key to resolving SCS conflict

OBG 12 – Oxford Business Group
~http://www.oxfordbusinessgroup.com/news/asean-cornerstone-regional-integration-entering-critical-phase~~ab
The government has long sought to deepen the country’s links with its neighbours, as
AND
for regional peace, and Malaysia will have a key role to play.

ASEAN stability prevents budding Island disputes

Teo 12—Sarah, senior analyst with the Multilateralism and Regionalism Programme @ Nanyang Technological University
~9/11, http://www.rsis.edu.sg/publications/Perspective/RSIS1692012.pdf~~ab-http://www.rsis.edu.sg/publications/Perspective/RSIS1692012.pdf5dab
REGIONAL COOPERATION in East Asia has suffered several setbacks recently. Since July, tensions
AND
any danger of being eroded by great power rivalry in the foreseeable future.

Island disputes will go nuclear

Hellman 12—Martin, Professor @ Stanford University
~9/28, http://nuclearrisk.wordpress.com/2012/09/28/another-early-warning-sign/~~23more-1138~~ab
The "World Anti-Fascist War" is what we call World War II
AND
risking small chances of being destroyed, eventually one will realize that potential.

Independently, ASEAN collapse goes nuclear

Rajaratnam 92—Sinnathamby, former Foreign Minister of Singapore
~9/1, http://www.asean.org/news/item/asean-the-way-ahead-by-s-rajaratnam~~ab
Should regionalism collapse, then ASEAN too will go the way of earlier regional attempts
AND
, would be the last war ~hu~mankind will ever fight.

Malaysia is the linchpin of the Arc of Instability—key to Southeast Asian stability

Ding 13—Gang, People’s Daily
~5/8, http://www.globaltimes.cn/content/780236.shtml~~23.Uk1LRiQZ8eM~~ab
Malaysia has a population of 29 million, 55 percent of which are Malaysian Muslims
AND
, and pushing forward manageable reforms at a time of greater political awareness.

Regional security concerns initiate China-funded Burmese prolif—triggers Southeast Asian arms race and US draw-in—risks first strike and escalation

Selth 7—Andrew, Research Fellow at the Griffith Asia Institute, He has been studying international security issues and Asian affairs for 35 years, as a diplomat, strategic intelligence analyst and academic. He has published five books and more than 70 peer-reviewed monographs and articles, most of them about Burma and related subjects. His latest major work was Burma’s Armed Forces: Power without Glory
~http://www.griffith.edu.au/__data/assets/pdf_file/0015/18240/regional-outlook-volume-12.pdf~~ab
In international affairs, however, the perception often becomes the reality. Countries make
AND
by the SPDC to acquire strategic weapon systems could have the opposite effect.¶ 

Multiple flashpoints prove Asian miscalc goes global

Landay 2k – National Security Expert at Knight Ridder
~3/10/’2K, Jonathan, Knight Ridder, lexis~gw
Few if any experts think China and Taiwan, North Korea and South Korea,
AND
Asia that totaled 24600 billion last year, according to the Commerce Department
Solvency

An Article III National Security Court restores our global image

Sulmasy 9 – Glenn, Associate Professor of Law at the US Coast Guard Academy and National
~April 13, "THE NEED FOR A NATIONAL SECURITY COURT SYSTEM"~cs
THE WAY FORWARD¶ The President, Secretary Gates and Secretary Rice have all declared
AND
dedicated to the administration of justice and to upholding the rule of law.

NSC can’t and won’t be circumvented

Lunday 8 – Kevin E., Captain and judge advocate in the U.S. Coast Guard, with Harvey Rishikof, professor of law and former chair of the Department of National Security Strategy, National War College
~Fall, "Due Process Is a Strategic Choice: Legitimacy and the Establishment of an Article III National Security Court," 39 Cal. W. Int’l L.J. 87~cs
The primary triggering mechanism for establishing NSC jurisdiction would fall within the discretion and control
AND
, it would be permitted to sua sponte transfer the case to NSC jurisdiction

————————————————————————————————————————————————————

Only Congress can do the plan

Lunday 8 – Kevin E., Captain and judge advocate in the U.S. Coast Guard, with Harvey Rishikof, professor of law and former chair of the Department of National Security Strategy, National War College
~Fall, "Due Process Is a Strategic Choice: Legitimacy and the Establishment of an Article III National Security Court," 39 Cal. W. Int’l L.J. 87~cs
These proposals deserve careful scrutiny by the public, and particularly by the U.
AND
National Security Court, and addressing the most prominent criticisms of the concept.

Institutional legitimacy creates reservoirs of support that strengthen the rule of law

Welsh 11 – David, J.D. from University of Utah
~"Procedural Justice Post-9/11: The Effects of Procedurally Unfair Treatment of Detainees on Perceptions of Global Legitimacy", http://law.unh.edu/assets/images/uploads/publications/unh-law-review-vol-09-no2-welsh.pdf~~cs
In the context of the War on Terror, legitimacy is the critical missing element
AND
with the unique procedural issues created by a growing number of suspected terrorists. 

Just released detainees from Gitmo – DAs are n/u

Rosenberg 1/2
~Carol Rosenberg - The Miami Herald/McClatchy-Tribune, Guantanamo releases picked up as 2013 drew to a close, Corpus Christi Caller-Times, Janaury 2, 2014joe)
In rapid succession, the U.S. in December sent Guantanamo prisoners home
AND
-by-case basis, fashioning specific solutions for each individual captive.

Tournament: tournament | Round: 3 | Opponent: Wake Forest Sugino-Harris | Judge: Bellon

Inherency

Inherency

Multiple past de-alerting measures disprove their links

Blair 8 – Dr. Bruce, President of the World Security Institute
http://www.peaceactionme.org/taking-nuclear-forces-day-day-alert
De-alerting U.S. nuclear forces has occurred before.
AND
by comparable steps in Russia at the direction of President Mikhail Gorbachev.

Their court DA links are terminally non-unique

Donnelly 14 – Tom, Constitutional Accountability Center’s Message Director and Counsel; former Climenko Fellow and Lecturer on Law at Harvard Law School
~Feb 19, http://blog.constitutioncenter.org/2014/02/six-reasons-why-the-greenhouse-gas-cases-are-worth-watching/~~cn
3) The Battle Over Presidential Power Rages On:  Both before and after this
AND
v. EME Homer (on the Cross-State Air Pollution Rule).

Launch On Warning is still in place

Gronlund 14 – Lisbeth, Co-director of Global Security at Union of Concerned Scientists, Physicist, expert on technical issues related to U.S. nuclear weapons policy, and new nuclear weapons, space weapons, and ballistic missile defenses
~Jan 17, http://blog.ucsusa.org/drugs-lies-cheating-nuclear-missiles-378~~cs-http://blog.ucsusa.org/drugs-lies-cheating-nuclear-missiles-3785dcs
These misadventures demonstrate that this system—like all systems—is fallible. But
AND
the policy remains unchanged. President Obama, what are you waiting for?

Miscalc – 1AC

Advantage 2 is Miscalculation:

Miscalc is the only scenario for nuclear war

Evans 10 – Gareth, President and Chief Executive of the Brussels-based International Crisis Group, Report of the International Commission on Nuclear Non-proliferation and Disarmament
~"ELIMINATING NUCLEAR THREATS," ICNND, Online~cn
Maintaining thousands of nuclear warheads on dangerously high launch on warning alert is the ultimate
AND
maker miscalculation should to an important degree be attributed to sheer luck.’

And it’s inevitable:

First, early warning glitches and human error

Phillips 26 Starr 4 – Alan, M.D., Cambridge physicist, radar researcher during WW2 , and Steven, nuclear engineer, medical technologist
~May/Jun, "Let’s go No-LOW," Bulletin of the Atomic Scientists, Vol 60: No 3~cn
As long as the United States and Russia retain their arsenals of nuclear-armed
AND
systems may not only cease to provide redundancy—it may amplify mistakes.

Second, overlapping false alarms

Sennott 1 – Linn, Ph.D., Professor of Mathematics, Illinois State University
~http://www-ee.stanford.edu/~~hellman/Breakthrough/book/chapters/sennott.html~~cn
Data made available by the American government under its Freedom of Information Act show that
AND
false alarm rates are one hundred per year for both satellites and radars.

Third, short decision-making times

Barrett 13 – Anthony, PhD in Engineering and Public Policy from Carnegie Mellon University
AND
BS in Political Science from Columbia and Research Assistant at Global Catastrophic Risk Institute
~June 28, Analyzing and Reducing the Risks of Inadvertent Nuclear War Between the United States and Russia~cs
Attack indicators may or may not be resolved (identified as a false alarm)
AND
error-prone LOW posture during periods of high tensions or crisis.34

And fourth, deliberate cyber-attacks on early warning systems

Fritz 9 – Jason, radar signaling specialist, International Commission on Nuclear Nonproliferation and Disarmament
~Jul 30, http://www.ifap.ru/pr/2009/n090730a.pdf~~cn
The US nuclear arsenal remains designed for the Cold War. This means its paramount
AND
in order to issue false voice commands (Andersen 2001, Chapter 16). 

Miscalc sparks US-Russia war and causes extinction

——Weather, computer chips, wild animals, training tapes, intentional manipulation
Barrett 13 – Anthony, PhD in Engineering and Public Policy from Carnegie Mellon University
AND
BS in Political Science from Columbia and Research Assistant at Global Catastrophic Risk Institute
~June 28, Analyzing and Reducing the Risks of Inadvertent Nuclear War Between the United States and Russia~cs
War involving significant fractions of the U.S. and Russian nuclear arsenals,
AND
making one or both nations more likely to misinterpret events as attacks. 16

Russia’s war plans ensures they’ll retaliate

Thompson 9 – Nicholas, senior editor of Wired
~Sept 21, "Inside the Apocalyptic Soviet Doomsday Machine," Wired~cn
"The Perimeter system is very, very nice," he says. "We
AND
. After all, he says, Dead Hand is continuously being upgraded.

It’s try or die for the aff

Spencer 5 – Metta, Professor of Sociology at the University of Toronto
~Dec 31, http://metta-spencer.blogspot.com/2005_12_01_archive.html~~cn
The problem with "launch-on-warning" is
AND
and independent as Colonel Petrov.

The past is not predictive – close calls prove the risk of accidental war is high

Sagan 93 – Scott, professor of political science and co-director of the Center for International Security and Cooperation
~"The limits of safety: Organizations, accidents, and nuclear weapons" pp. 11-12~cn
One possibility is to assume that this central fact proves that the danger of nuclear
AND
—even an apparently perfect final safety record may not inspire extreme confidence.

India and Pakistan model the U.S.

Mian 2 – Zia, Physicist at Princeton and Frank Hippel, Professor of Public and International Affairs at Princeton
~"U.S.-Russian Lessons for South Asia". August 2, 2002. Foreign Policy in Focus. http://www.fpif.org/fpiftxt/437~~cs
The current South Asian crisis seems to have ebbed, but the underlying dynamic remains
AND
Russia instead of sending them forward in a threatening manner—as it does

That risks nuclear conflict

Beres 98 – Louis Rene, PhD Princeton
~American University International Law Review. "In a Dark Time: The Expected Consequences of an India-Pakistan Nuclear Exchange" 1998. Lexis.~cs
Indian and Pakistani inclinations to launch preemptive strikes may also be affected by the other’s
AND
of accidental or unauthorized attacks against each state’s own armaments and population centers. 

Extinction

Hundley 12 – Tom, Former Journalist and Analyst at the Pulitzer Center on Crisis Reporting: Pakistan and India
~Race to the End, Sep 5, http://pulitzercenter.org/reporting/pakistan-nuclear-weapons-battlefield-india-arms-race-energy-cold-war-http://pulitzercenter.org/reporting/pakistan-nuclear-weapons-battlefield-india-arms-race-energy-cold-war~~cs
Pakistan, with an estimated 90 to 120 warheads, is now believed to be
AND
it, but neither seems able to slow their dangerous race to annihilation.

Retaliatory Launch Only After Detonation, or RLOAD, solves nuclear miscalc

Phillips 26 Starr 7 – Alan, M.D., Cambridge physicist, radar researcher during WW2 , and Steven, nuclear engineer, medical technologist
~Jan 8, http://www.worldfederalistscanada.org/rload/Replace_LoW_Policy_8Jan.pdf~~cn
Replacing LoW with RLOAD would require, in the American system, feeding any positive
AND
the predicted time of arrival, the crews would revert to peacetime readiness.

RLOAD bans launches based on false alarm – first strikes don’t take out our solvency

Starr 9 – Steven, senior scientist with Physicians for Social Responsibility; Director of Clinical Laboratory Science Program, University of Missouri-Columbia; Areas of Expertise: Taking nuclear weapons off high-alert status
~"New Terms for a Common Understanding of De-Alerting," http://www.nucleardarkness.org/highalert/~~23_ftn8~~cn
Preemptive Launch is the unambiguous First Use
AND
prevent the launch of nuclear weapons in reaction to an incoming strike of conventional warheads.14

Warming – 1AC

Advantage 1 is Warming

Warming is anthropogenic – this is the culmination of almost a 12,000 studies

Cook 13 – John, Global Change Institute, University of Queensland, Australia
~15 May, Quantifying the consensus on anthropogenic global warming in the scienti?c literature. Environ. Res. Lett. 8 (2013) 024024 (7pp)~cs
We analyze the evolution of the scienti?c consensus on anthropogenic global warming (AGW)
AND
the consensus on AGW is a vanishingly small proportion of the published research.

And, warming is speeding up – negative feedbacks and CO2 good arguments have been disproven

Artic Permafrost, Less land-based absorption of CO2, winds expose deep water layers, vegetation, wildfires
Lyderson 9 – Kari, Washington Post
~Feb 15, http://www.washingtonpost.com/wp-dyn/content/article/2009/02/14/AR2009021401757.html~~cn
The pace of global warming is likely to be much faster than recent predictions,
AND
past are likely to become drier as temperatures rise, growing more vulnerable.

But, it’s not irreversible yet – there is no leg between cuts and response

Desjardins 13 – Clea, member of Concordia university Media Relations Department, academic writer, citing Damon Matthews; associate professor of the Department of Geography, Planning and Environment at Concordia University, PhD, Member of the Global Environmental and Climate Change Center
~"Global Warming: Irreversible but Not Inevitable,"~cs
There is a persistent misconception among both scientists and the public that there is a
AND
mitigation challenge, clarifying these points of hope is critical to motivate change."-http://www.concordia.ca/now/what-we-do/research/20130402/global-warming-irreversible-but-not-inevitable.php)

U.S. action on climate change gets modeled abroad

AFP 9 – American Foreign Policy, Princeton University political affairs blog
~Dec 19, http://afpprinceton.com/2009/12/a-leadership-opportunity-how-the-u-s-should-approach-climate-change/~~cn-http://afpprinceton.com/2009/12/a-leadership-opportunity-how-the-u-s-should-approach-climate-change/5dcn
Though few are optimistic that the community of nations will reach a substantive international agreement
AND
leader, it would be difficult to justify the participation of anyone else.

Warming turns every impact and causes extinction – adaptation isn’t possible to 4 degrees

Roberts 13 – David, Grist *citing the World Bank comprehensive climate study
~Jan 10, http://grist.org/climate-energy/climate-alarmism-the-idea-is-surreal/~~cs-http://grist.org/climate-energy/climate-alarmism-the-idea-is-surreal/5dcs
What would 4 degrees look like? A recent World Bank review of the science
AND
"alarmist" in this context. What level of alarm is adequate?

Warming makes oceans acidic – the impact is extinction

Kristof 6 – Nicholas, New York Times, American journalist, author, op-ed columnist, and a winner of two Pulitzer Prizes
~Jul, "Scandal Below the Surface," Online~cn
If you think of the earth’s surface as a great beaker, then it’s filled
AND
. We stand, so to speak, on the shoulders of plankton.

Status quo Supreme Court precedent does not grant standing to those wishing to file suits based on potential harms to future generations

Mank 9 – Bradford, Professor of Law, University of Cincinnati College of Law
~34 Colum. J. Envtl. L. 1, LEXIS~cn
Many issues, especially potential environmental catastrophes caused by climate change, affect not just
AND
plaintiff who seeks only to protect the rights or interests of future generations. 

Ruling on launch on warning gives the Court a solid case to establish a precedent in favor of intergenerational justice

Johnson 87 – Clifford, professor in Physics and Astronomy at the University of Southern California
~Spring, http://cpsr.org/prevsite/publications/newsletters/old/1980s/Spring1987.txt/~~cn
The Nunn-Warner group’s work in some areas, notably including test ban proposals
AND
as Justice Goldberg observed: "The Constitution is not a suicide pact."

Posterity Clause ruling on the plan establishes intergenerational standing that solves warming

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

Plan

Plan: United States federal judiciary should substantially increase judicial restrictions on the President’s authority to introduce armed forces into hostilities by holding that policies that allow the United States to launch a retaliatory nuclear attack before a nuclear detonation in the United States are unconstitutional under the Posterity Clause because these policies represent an unacceptable risk of irreversible damage to the rights of future generations.

Solvency

Self-interest and normative pressure means the executive will comply with Court decisions

Pildes 12 – Richard, Sulder Family Professor of Constitutional Law at the NYU School of Law and the Co-Director of the NYU Center on Law and Security
~"Book Review: Law and the President", Harvard Law Review, April, 125 Harv. L. Rev. 1381, Lexis~cs
The Incomplete Consequentialist Theory for the Role of Law For these reasons, I want
AND
distinction that seems of limited pragmatic significance, as the next Part shows.

Tournament: Ndt | Round: 4 | Opponent: West Georgia Ard-Muhammad | Judge: Cook, Corrigan, Taylor

Plan

Plan: United States federal judiciary should substantially increase judicial restrictions on the President’s authority to introduce armed forces into hostilities by holding that policies that allow the United States to launch a retaliatory nuclear attack before a nuclear detonation in the United States are unconstitutional under the Posterity Clause because these policies represent an unacceptable risk of irreversible damage to the rights of future generations.

Miscalc – 1AC

Advantage 1 is Miscalculation:

Miscalc is the only scenario for nuclear war

Evans 10 – Gareth, President and Chief Executive of the Brussels-based International Crisis Group, Report of the International Commission on Nuclear Non-proliferation and Disarmament
~"ELIMINATING NUCLEAR THREATS," ICNND, Online~cn
Maintaining thousands of nuclear warheads on dangerously high launch on warning alert is the ultimate
AND
maker miscalculation should to an important degree be attributed to sheer luck.’

And it’s inevitable:

First, early warning glitches and human error

Phillips 26 Starr 4 – Alan, M.D., Cambridge physicist, radar researcher during WW2 , and Steven, nuclear engineer, medical technologist
~May/Jun, "Let’s go No-LOW," Bulletin of the Atomic Scientists, Vol 60: No 3~cn
As long as the United States and Russia retain their arsenals of nuclear-armed
AND
systems may not only cease to provide redundancy—it may amplify mistakes.

Second, overlapping false alarms

Sennott 1 – Linn, Ph.D., Professor of Mathematics, Illinois State University
~http://www-ee.stanford.edu/~~hellman/Breakthrough/book/chapters/sennott.html~~cn
Data made available by the American government under its Freedom of Information Act show that
AND
false alarm rates are one hundred per year for both satellites and radars.

Third, short decision-making times

Barrett 13 – Anthony, PhD in Engineering and Public Policy from Carnegie Mellon University
AND
BS in Political Science from Columbia and Research Assistant at Global Catastrophic Risk Institute
~June 28, Analyzing and Reducing the Risks of Inadvertent Nuclear War Between the United States and Russia~cs
Attack indicators may or may not be resolved (identified as a false alarm)
AND
error-prone LOW posture during periods of high tensions or crisis.34

And fourth, deliberate cyber-attacks on early warning systems

Fritz 9 – Jason, radar signaling specialist, International Commission on Nuclear Nonproliferation and Disarmament
~Jul 30, http://www.ifap.ru/pr/2009/n090730a.pdf~~cn
The US nuclear arsenal remains designed for the Cold War. This means its paramount
AND
in order to issue false voice commands (Andersen 2001, Chapter 16). 

Miscalc sparks US-Russia war and causes extinction

——Weather, computer chips, wild animals, training tapes, intentional manipulation
Barrett 13 – Anthony, PhD in Engineering and Public Policy from Carnegie Mellon University
AND
BS in Political Science from Columbia and Research Assistant at Global Catastrophic Risk Institute
~June 28, Analyzing and Reducing the Risks of Inadvertent Nuclear War Between the United States and Russia~cs
War involving significant fractions of the U.S. and Russian nuclear arsenals,
AND
making one or both nations more likely to misinterpret events as attacks. 16

Only U.S.-Russian nuclear exchange affects the whole world – would actually cause extinction

Phillips 3 – Alan, M.D., Cambridge physicist, radar researcher for the British during WW2
 ~Jun, http://www.web.net/~~cnanw/nolowinterview.htm~~cn
That’s a really important comparison to make. The probability of either one of the
AND
few generations would gradually waste away, and the species might be finished.

Extinction should be the priority – 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

The past is not predictive – close calls prove the risk of accidental war is high

Sagan 93 – Scott, professor of political science and co-director of the Center for International Security and Cooperation
~"The limits of safety: Organizations, accidents, and nuclear weapons" pp. 11-12~cn
One possibility is to assume that this central fact proves that the danger of nuclear
AND
—even an apparently perfect final safety record may not inspire extreme confidence.

Retaliatory Launch Only After Detonation, or RLOAD, solves nuclear miscalc

Phillips 26 Starr 7 – Alan, M.D., Cambridge physicist, radar researcher during WW2 , and Steven, nuclear engineer, medical technologist
~Jan 8, http://www.worldfederalistscanada.org/rload/Replace_LoW_Policy_8Jan.pdf~~cn
Replacing LoW with RLOAD would require, in the American system, feeding any positive
AND
the predicted time of arrival, the crews would revert to peacetime readiness.

This specific scenario methodology is good – they aren’t roleplaying simulations – even if they win our scenarios aren’t likely, they are good pedagogically

Mahnken and Junio 13 – Thomas, PhD, Jerome E. Levy Chair of Economic Geography and National Security at the U.S. Naval War College and a Visiting Scholar at the Philip Merrill Center for Strategic Studies at The Johns Hopkins University’s Paul H. Nitze School of Advanced International Studies, and Timothy, Predoctoral Fellow, Center for International Security and Cooperation, Stanford University, PhD in Political Science expected 2013
~"Conceiving of Future War: The Promise of Scenario Analysis for International Relations," International Studies Review Volume 15, Issue 3, pages 374–395, September 2013~cs
Scenarios offer many of the same benefits as simulations, recently a hot topic in
AND
to bring deductive logic to bear to assess the boundaries of the scenario.

Specifically true for nuclear miscalc

Mahnken and Junio 13 – Thomas, PhD, Jerome E. Levy Chair of Economic Geography and National Security at the U.S. Naval War College and a Visiting Scholar at the Philip Merrill Center for Strategic Studies at The Johns Hopkins University’s Paul H. Nitze School of Advanced International Studies, and Timothy, Predoctoral Fellow, Center for International Security and Cooperation, Stanford University, PhD in Political Science expected 2013
~"Conceiving of Future War: The Promise of Scenario Analysis for International Relations," International Studies Review Volume 15, Issue 3, pages 374–395, September 2013~cs
Scenarios are a useful method for theory building and research design for topics that,
AND
low-probability process if it begins to happen in the real world.

Warming – 1AC

Advantage 2 is Warming

Warming is anthropogenic – this is the culmination of almost a 12,000 studies

Cook 13 – John, Global Change Institute, University of Queensland, Australia
~15 May, Quantifying the consensus on anthropogenic global warming in the scienti?c literature. Environ. Res. Lett. 8 (2013) 024024 (7pp)~cs
We analyze the evolution of the scienti?c consensus on anthropogenic global warming (AGW)
AND
the consensus on AGW is a vanishingly small proportion of the published research.

But, it’s not irreversible yet – there is no leg between cuts and response

Desjardins 13 – Clea, member of Concordia university Media Relations Department, academic writer, citing Damon Matthews; associate professor of the Department of Geography, Planning and Environment at Concordia University, PhD, Member of the Global Environmental and Climate Change Center
~"Global Warming: Irreversible but Not Inevitable,"~cs
There is a persistent misconception among both scientists and the public that there is a
AND
mitigation challenge, clarifying these points of hope is critical to motivate change."

U.S. action on climate change gets modeled abroad

AFP 9 – American Foreign Policy, Princeton University political affairs blog
~Dec 19, http://afpprinceton.com/2009/12/a-leadership-opportunity-how-the-u-s-should-approach-climate-change/~~cn
Though few are optimistic that the community of nations will reach a substantive international agreement
AND
leader, it would be difficult to justify the participation of anyone else.

Warming turns every impact and causes extinction – adaptation isn’t possible to 4 degrees

Roberts 13 – David, Grist *citing the World Bank comprehensive climate study
~Jan 10, http://grist.org/climate-energy/climate-alarmism-the-idea-is-surreal/~~cs
What would 4 degrees look like? A recent World Bank review of the science
AND
"alarmist" in this context. What level of alarm is adequate?

Our framing of warming overcomes disbelief and mobilizes public responses

Romm 12 – Joe, Ph.D. in physics from MIT, Fellow at American Progress and is the editor of Climate Progress, acting assistant secretary of energy for energy efficiency and renewable energy in 1997, Time named him a "Hero of the Environment? and "The Web’s most influential climate-change blogger."
~"Apocalypse Not: The Oscars, The Media And The Myth of ’Constant Repetition of Doomsday Messages’ on Climate", http://thinkprogress.org/romm/2012/02/26/432546/apocalypse-not-oscars-media-myth-of-repetition-of-doomsday-messages-on-climate/~~23more-432546~~cs
The two greatest myths about global warming communications are 1) constant repetition of doomsday
AND
by most of the rest of the media, intelligentsia and popular culture.

Status quo Supreme Court precedent does not grant standing to those wishing to file suits based on potential harms to future generations

Mank 9 – Bradford, Professor of Law, University of Cincinnati College of Law
~34 Colum. J. Envtl. L. 1, LEXIS~cn
Many issues, especially potential environmental catastrophes caused by climate change, affect not just
AND
plaintiff who seeks only to protect the rights or interests of future generations. 

Ruling on LOW establishes a precedent for Intergenerational Justice

Rendall 7 – Matthew, Lecturer in Politics and International Relations at the University of
Nottingham
~Dec 6, Nuclear Weapons and Intergenerational Exploitation, Security Studies, 16:4, 525-554~cs
If this is a Faustian bargain, it is an odd one. If the
AND
fall against us, and with enough time, in a big way.

Ruling on the Posterity Clause is key to codify that precedent – sets up a framework to solve warming

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

Solvency

Launch On Warning is still in place

Gronlund 14 – Lisbeth, Co-director of Global Security at Union of Concerned Scientists, Physicist, expert on technical issues related to U.S. nuclear weapons policy, and new nuclear weapons, space weapons, and ballistic missile defenses
~Jan 17, http://blog.ucsusa.org/drugs-lies-cheating-nuclear-missiles-378~~cs
These misadventures demonstrate that this system—like all systems—is fallible. But
AND
the policy remains unchanged. President Obama, what are you waiting for?

Vote aff to withdraw your consent from Launch on Warning – even if this doesn’t translate into concrete policy change, this move can reclaim our ethical and political agency in the face of the nuclear state

Rivers 2 – Dennis, Nuclear Age Peace Foundation
~Mar 30, http://www.coopcomm.org/nonukes/declaration.pdf~~cn
There are other serious problems with the mere possession of nuclear weapons, even before
AND
study, reflect, pray and join me in making such a statement.

"Root cause" arguments are inaccurate and dangerous – combining strategies is key

Martin 90 – Brian, Professor at the University of Wollongong
~Uprooting War, http://www.uow.edu.au/arts/sts/bmartin/pubs/90uw/index.html~~cn
War does not have a single root In this chapter and in the six preceding
AND
the roots of war and developing strategies for grassroots movements to uproot them.

Abandoning state reforms causes worse forces to fill-in

Barbrook 97 – Dr. Richard, Professor of Social Sciences, University of Westminister
~Jun 5, http://www.nettime.org/Lists-Archives/nettime-l-9706/msg00034.html~~gw
I thought that this position is clear from my remarks about the ultra-left
AND
can be a fun artistic pose. However, human suffering is not.

Tournament: Ndt | Round: 4 | Opponent: West Georgia Ard-Muhammad | Judge: Cook, Corrigan, Taylor

2AC

Reps

Discussion of nukes key - Effective nuclear public sphere is key to effective nuclear policies – the aff is a DA to the alt

Taylor and Henry 8 – Bryan, Associate Professor of Communiations at the Univeristy of Colorado-Boulder and Judith, Lecturer in the Department of Communication and Journalism at the University of New Mexico
~Insisting on Persisting: The Nuclear Rhetoric of "Stockpile Stewardship", Rhetoric 26 Public Affairs Vol. 11, No. 2, MUSE~cs
What then, we may ask, does this debate portend for the future of
AND
of informed exchange that might result in more constructive ~nuclear~ policies."

Their link is nothing but an omission – RLOAD is not an endorsement

Phillips 3 – Alan, M.D., Cambridge physicist, radar researcher for the British during WW2
~Jun, http://www.web.net/~~cnanw/nolowinterview.htm~~cn
Q17: There’s an ethical question here that is apparent, and I think the
AND
on warning" to "no launch on warning" at a stroke.

Rejecting state reform ignores the historical successes of multiple oppressed groups and ensures no change occurs

Collins 97 – Patricia Hill, professor of sociology at the University of Cincinnati
~Fighting Words, p. 135-136~cn
In this sense, postmodern views of power that overemphasize hegemony and local politics provide
AND
even the vocabulary of protest and rightful demand" (1993, 13).

For better or worse, the State does create racial disparities, so it’s very important as a site of resistance –presupposing that all State action perpetuates racism ensures their struggle backfires

Lee 94 – Jayne Chong-Soon, J.S.M. – Stanford Law School and JD – UCLA School of Law
~"Navigating the Topology of Race", Stanford Law Review, February, 46 Stan. L. Rev. 747, Lexis~cn
Along similar lines, we may ask how the law constructs and legitimates racial differences
AND
we navigate this discursive ground is the primary inquiry of this review essay.

It’s try or die for legal positivism

Finnis 96 – Professor of Law at Oxford and Notre Dame
 ~John, "The Truth in Legal Positivism," in The Autonomy of Law, ed. Robert P. George. Oxford: Clarendon Press, pp. 195-214~cs
’There is a necessary or conceptual connection between law and morality.’ True
AND
moral force to those parts of its positive law which are morally acceptable.¶ 

The law is indeterminate and is no means perfect, but the alternative is worse—we should recognize the constraints of the law and use that to construct better legal strategies

Margulies and Metcalf 11, Clinical Professor of Law
("Terrorizing Academia" http://www.swlaw.edu/pdfs/jle/jle603jmarguilies.pdf, Joseph Margulies is a Clinical Professor, Northwestern University School of Law. He was counsel of record for the petitioners in Rasul v. Bush and Munaf v. Geren. He now is counsel of record for Abu Zubaydah, for whose torture (termed harsh interrogation by some) Bush Administration officials John Yoo and Jay Bybee wrote authorizing legal opinions. Earlier versions of this paper were presented at workshops at the American Bar Foundation and the 2010 Law and Society Association Conference in Chicago. Margulies expresses his thanks in particular to Sid Tarrow, AzizHuq, BaherAzmy, Hadi Nicholas Deeb, Beth Mertz, Bonnie Honig, and Vicki Jackson.Hope Metcalf is a Lecturer, Yale Law School. Metcalf is co-counsel for the plaintiffs/petitioners in Padilla v. Rumsfeld, Padilla v. Yoo, Jeppesen v. Mohammed, and Maqaleh v. Obama. She has written numerous amicus briefs in support of petitioners in suits against the government arising out of counterterrorism policies, including in Munaf v. Geren and Boumediene v. Bush. Metcalf expresses her thanks to Muneer Ahmad, Stella Burch Elias, Margot Mendelson, Jean Koh Peters, and Judith Resnik for their feedback, as well as to co-teachers Jonathan Freiman, RamziKassem, Harold HongjuKoh and Michael Wishnie, whose dedication to clients, students and justice continues to inspire., Journal of Legal Education, Volume 60, Number 3 (February 2011))

V. Conclusions and Implications
From the vantage of 2010, it appears the interventionist position—our position—
AND
to believe that law, in an intensely legalistic society, was enough.

Wilderson is incredibly essentializing and provides no tenable alt

BÂ 11
(Dr. Saër Maty, Professor of Film – University of Portsmouth and Co-Editor – The Encyclopedia of Global Human Migration, "The US Decentred: From Black Social Death to Cultural Transformation", Cultural Studies Review, 17(2), September, p. 385-387)

A few pages into Red, White and Black, I feared that it would
AND
such an undertaking? The coffle approaches with its answers in tow.’ 

If their arg is so anti-State that we can’t use fiat to rip-down the State, then that’s overly-pessimistic and silly. This specifically solves their slavery args.

James ’9 – Assistant Professor in the Philosophy Department at the University of North Carolina at Charlotte (Robin M, Autonomy, Universality, and Playing the Guitar: On the Politics and Aesthetics of Contemporary Feminist Deployments of the "Master’s Tools", April 14, DOI: 10.1111/j.1527-2001.2009.01033.x)

In these two instances of successful reappropriation of the master’s tools—autonomy/universality
AND
," and playing the guitar) can indeed bring down the master’s house.

No social death – history proves

Brown 9
Vincent Brown, Prof. of History and African and African-American Studies @ Harvard Univ., December 2009, "Social Death and Political Life in the Study of Slavery," American Historical Review, p. 1231-1249

THE PREMISE OF ORLANDO PATTERSON’S MAJOR WORK, that enslaved Africans were natally alienated and
AND
social personhood, or identity, and of resistance to slavery itself. 35
Scholars of slave resistance have never had much use for the concept of social death
AND
had arrived in the Americas bearing much more than their "tropical temperament."
The cultural continuity and resistance schools of thought come together pow- erfully in an
AND
of becoming ’African American’ in culture, orientation, and identity."40

Their argument elevates white supremacy to an all-pervasive force that explains nearly all global oppression—-this conceptual expansion hides the actual practice of racism and makes breaking it down more difficult

ANDERSEN 3 – Margaret L. Andersen, Professor of Sociology and Women’s Studies and Vice Provost for Academic Affairs at the University of Delaware, 2003, "Whitewashing Race: A Critical Perspective on Whiteness," in White Out: The Continuing Significance of Racism, ed Doane 26 Bonilla-Silva, p. 28

Conceptually, one of the major problems in the whiteness literature is the reification of
AND
come to mean just about everything, it ends up meaning hardly anything.

Wilderson doesn’t even agree with the alt

Farrow 8 Kenyon, ""Incognegro" Author Frank Wilderson, III in NYC This Week," http://kenyonfarrow.com/2008/10/21/incognegro-author-frank-wilderson-iii-in-nyc-this-week/

This notion flies in the face of what so many on the left extrapolate from
AND
to purport. "The world needs the Black position," Wilderson said.

WIlderson’s hard ontological descriptions make fatalism inevitable -  ~if they win their ontological arguments, there is no reason why any ontic action could ever reverse it~

Bâ (teaches film at Portsmouth University (UK). He researches ’race’, the ’postcolonial’,  diaspora,  the  transnational  and  film  ’genre’,  African  and  Caribbean cinemas  and film festivals) 11
(Saër Maty, The US Decentred, Cultural Studies Review, volume 17 number 2 September 2011)

In chapter nine, ’"Savage" Negrophobia’, he writes: The philosophical anxiety
AND
undertaking? The coffleapproaches with its answers in tow.’ (340) 

Turns the case – greatest comparative threat

Miah quoting West in 94
(Malik Miah, Cornel West’s Race Matters, May-June, http://www.solidarity-us.org/node/3079)

In the chapter, "Nihilism in Black America," West observes¶ "The
AND
that without meaning there can be no struggle." (14-15)

Tournament: Ndt | Round: 1 | Opponent: Missouri State Bess-Rumbaugh | Judge: Decker, Struth, Watson

Plan

Plan: United States federal judiciary should substantially increase judicial restrictions on the President’s authority to introduce armed forces into hostilities by holding that policies that allow the United States to launch a retaliatory nuclear attack before a nuclear detonation in the United States are unconstitutional under the Posterity Clause because these policies represent an unacceptable risk of irreversible damage to the rights of future generations.

Miscalc – 1AC

Advantage 1 is Miscalculation:

Miscalc is the only scenario for nuclear war

Evans 10 – Gareth, President and Chief Executive of the Brussels-based International Crisis Group, Report of the International Commission on Nuclear Non-proliferation and Disarmament
~"ELIMINATING NUCLEAR THREATS," ICNND, Online~cn
Maintaining thousands of nuclear warheads on dangerously high launch on warning alert is the ultimate
AND
maker miscalculation should to an important degree be attributed to sheer luck.’

And it’s inevitable:

First, early warning glitches and human error

Phillips 26 Starr 4 – Alan, M.D., Cambridge physicist, radar researcher during WW2 , and Steven, nuclear engineer, medical technologist
~May/Jun, "Let’s go No-LOW," Bulletin of the Atomic Scientists, Vol 60: No 3~cn
As long as the United States and Russia retain their arsenals of nuclear-armed
AND
systems may not only cease to provide redundancy—it may amplify mistakes.

Second, overlapping false alarms

Sennott 1 – Linn, Ph.D., Professor of Mathematics, Illinois State University
~http://www-ee.stanford.edu/~~hellman/Breakthrough/book/chapters/sennott.html~~cn
Data made available by the American government under its Freedom of Information Act show that
AND
false alarm rates are one hundred per year for both satellites and radars.

Third, short decision-making times

Barrett 13 – Anthony, PhD in Engineering and Public Policy from Carnegie Mellon University
AND
BS in Political Science from Columbia and Research Assistant at Global Catastrophic Risk Institute
~June 28, Analyzing and Reducing the Risks of Inadvertent Nuclear War Between the United States and Russia~cs
Attack indicators may or may not be resolved (identified as a false alarm)
AND
error-prone LOW posture during periods of high tensions or crisis.34

And fourth, deliberate cyber-attacks on early warning systems

Fritz 9 – Jason, radar signaling specialist, International Commission on Nuclear Nonproliferation and Disarmament
~Jul 30, http://www.ifap.ru/pr/2009/n090730a.pdf~~cn
The US nuclear arsenal remains designed for the Cold War. This means its paramount
AND
in order to issue false voice commands (Andersen 2001, Chapter 16). 

Miscalc sparks US-Russia war and causes extinction

——Weather, computer chips, wild animals, training tapes, intentional manipulation
Barrett 13 – Anthony, PhD in Engineering and Public Policy from Carnegie Mellon University
AND
BS in Political Science from Columbia and Research Assistant at Global Catastrophic Risk Institute
~June 28, Analyzing and Reducing the Risks of Inadvertent Nuclear War Between the United States and Russia~cs
War involving significant fractions of the U.S. and Russian nuclear arsenals,
AND
making one or both nations more likely to misinterpret events as attacks. 16

Russia’s war plans ensures they’ll retaliate

Thompson 9 – Nicholas, senior editor of Wired
~Sept 21, "Inside the Apocalyptic Soviet Doomsday Machine," Wired~cn
"The Perimeter system is very, very nice," he says. "We
AND
. After all, he says, Dead Hand is continuously being upgraded.

The past is not predictive – close calls prove the risk of accidental war is high

Sagan 93 – Scott, professor of political science and co-director of the Center for International Security and Cooperation
~"The limits of safety: Organizations, accidents, and nuclear weapons" pp. 11-12~cn
One possibility is to assume that this central fact proves that the danger of nuclear
AND
—even an apparently perfect final safety record may not inspire extreme confidence.

India and Pakistan model the U.S.

Mian 2 – Zia, Physicist at Princeton and Frank Hippel, Professor of Public and International Affairs at Princeton
~"U.S.-Russian Lessons for South Asia". August 2, 2002. Foreign Policy in Focus. http://www.fpif.org/fpiftxt/437~~cs
The current South Asian crisis seems to have ebbed, but the underlying dynamic remains
AND
Russia instead of sending them forward in a threatening manner—as it does

India and Pakistan draw from US-Russia Cold War plans – multiple factors make miscalc extremely likely

Grossman 13 – Elaine M., Global Security Newswire
~April 3, Pakistan’s Military Sanguine on Avoiding Wartime Nuclear Calamity~cs
"It’s a crisis-prone relationship," said Maleeha Lodhi, a former Pakistani
AND
… appears greater than a deliberate command decision to cross the nuclear threshold."

Extinction

Hundley 12 – Tom, Former Journalist and Analyst at the Pulitzer Center on Crisis Reporting: Pakistan and India
~Race to the End, Sep 5, http://pulitzercenter.org/reporting/pakistan-nuclear-weapons-battlefield-india-arms-race-energy-cold-war-http://pulitzercenter.org/reporting/pakistan-nuclear-weapons-battlefield-india-arms-race-energy-cold-war~~cs
Pakistan, with an estimated 90 to 120 warheads, is now believed to be
AND
it, but neither seems able to slow their dangerous race to annihilation.

Retaliatory Launch Only After Detonation, or RLOAD, solves nuclear miscalc

Phillips 26 Starr 7 – Alan, M.D., Cambridge physicist, radar researcher during WW2 , and Steven, nuclear engineer, medical technologist
~Jan 8, http://www.worldfederalistscanada.org/rload/Replace_LoW_Policy_8Jan.pdf~~cn
Replacing LoW with RLOAD would require, in the American system, feeding any positive
AND
the predicted time of arrival, the crews would revert to peacetime readiness.

RLOAD bans launches based on false alarm – first strikes don’t take out our solvency

Starr 9 – Steven, senior scientist with Physicians for Social Responsibility; Director of Clinical Laboratory Science Program, University of Missouri-Columbia; Areas of Expertise: Taking nuclear weapons off high-alert status
~"New Terms for a Common Understanding of De-Alerting," http://www.nucleardarkness.org/highalert/~~23_ftn8~~cn
Preemptive Launch is the unambiguous
AND
also prevent the launch of nuclear weapons in reaction to an incoming strike of conventional warheads.14

Warming – 1AC

Advantage 2 is Warming

Warming is anthropogenic – this is the culmination of almost a 12,000 studies

Cook 13 – John, Global Change Institute, University of Queensland, Australia
~15 May, Quantifying the consensus on anthropogenic global warming in the scienti?c literature. Environ. Res. Lett. 8 (2013) 024024 (7pp)~cs
We analyze the evolution of the scienti?c consensus on anthropogenic global warming (AGW)
AND
the consensus on AGW is a vanishingly small proportion of the published research.

And, warming is speeding up – negative feedbacks and CO2 good arguments have been disproven

Artic Permafrost, Less land-based absorption of CO2, winds expose deep water layers, vegetation, wildfires
Lyderson 9 – Kari, Washington Post
~Feb 15, http://www.washingtonpost.com/wp-dyn/content/article/2009/02/14/AR2009021401757.html~~cn
The pace of global warming is likely to be much faster than recent predictions,
AND
past are likely to become drier as temperatures rise, growing more vulnerable.

But, it’s not irreversible yet – there is no leg between cuts and response

Desjardins 13 – Clea, member of Concordia university Media Relations Department, academic writer, citing Damon Matthews; associate professor of the Department of Geography, Planning and Environment at Concordia University, PhD, Member of the Global Environmental and Climate Change Center
~"Global Warming: Irreversible but Not Inevitable,"~cs
There is a persistent misconception among both scientists and the public that there is a
AND
mitigation challenge, clarifying these points of hope is critical to motivate change."-http://www.concordia.ca/now/what-we-do/research/20130402/global-warming-irreversible-but-not-inevitable.php)

U.S. action on climate change gets modeled abroad

AFP 9 – American Foreign Policy, Princeton University political affairs blog
~Dec 19, http://afpprinceton.com/2009/12/a-leadership-opportunity-how-the-u-s-should-approach-climate-change/~~cn-http://afpprinceton.com/2009/12/a-leadership-opportunity-how-the-u-s-should-approach-climate-change/5dcn
Though few are optimistic that the community of nations will reach a substantive international agreement
AND
leader, it would be difficult to justify the participation of anyone else.

Warming turns every impact and causes extinction – adaptation isn’t possible to 4 degrees

Roberts 13 – David, Grist *citing the World Bank comprehensive climate study
~Jan 10, http://grist.org/climate-energy/climate-alarmism-the-idea-is-surreal/~~cs-http://grist.org/climate-energy/climate-alarmism-the-idea-is-surreal/5dcs
What would 4 degrees look like? A recent World Bank review of the science
AND
"alarmist" in this context. What level of alarm is adequate?

Warming makes oceans acidic – the impact is extinction

Kristof 6 – Nicholas, New York Times, American journalist, author, op-ed columnist, and a winner of two Pulitzer Prizes
~Jul, "Scandal Below the Surface," Online~cn
If you think of the earth’s surface as a great beaker, then it’s filled
AND
. We stand, so to speak, on the shoulders of plankton.

Status quo Supreme Court precedent does not grant standing to those wishing to file suits based on potential harms to future generations

Mank 9 – Bradford, Professor of Law, University of Cincinnati College of Law
~34 Colum. J. Envtl. L. 1, LEXIS~cn
Many issues, especially potential environmental catastrophes caused by climate change, affect not just
AND
plaintiff who seeks only to protect the rights or interests of future generations. 

Ruling on LOW establishes a precedent for Intergenerational Justice

Rendall 7 – Matthew, Lecturer in Politics and International Relations at the University of
Nottingham
~Dec 6, Nuclear Weapons and Intergenerational Exploitation, Security Studies, 16:4, 525-554~cs
If this is a Faustian bargain, it is an odd one. If the
AND
fall against us, and with enough time, in a big way.

Ruling on the Posterity Clause is key to codify that precedent – sets up a framework to solve warming

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

Solvency

Launch On Warning is still in place

Gronlund 14 – Lisbeth, Co-director of Global Security at Union of Concerned Scientists, Physicist, expert on technical issues related to U.S. nuclear weapons policy, and new nuclear weapons, space weapons, and ballistic missile defenses
~Jan 17, http://blog.ucsusa.org/drugs-lies-cheating-nuclear-missiles-378~~cs-http://blog.ucsusa.org/drugs-lies-cheating-nuclear-missiles-3785dcs
These misadventures demonstrate that this system—like all systems—is fallible. But
AND
the policy remains unchanged. President Obama, what are you waiting for?

Their court DA links are terminally non-unique

Donnelly 14 – Tom, Constitutional Accountability Center’s Message Director and Counsel; former Climenko Fellow and Lecturer on Law at Harvard Law School
~Feb 19, http://blog.constitutioncenter.org/2014/02/six-reasons-why-the-greenhouse-gas-cases-are-worth-watching/~~cn
3) The Battle Over Presidential Power Rages On:  Both before and after this
AND
v. EME Homer (on the Cross-State Air Pollution Rule).

Executives follow court decisions

Bradley and Morrison 13 – Curtis, Professor of Law at Duke and Trevor, Professor of Law at Columbia
~"Presidential Power, Historical Practice, And Legal Constraint" Duke Law Scholarship Repository, http://scholarship.law.duke.edu/cgi/viewcontent.cgi?article=545126context=faculty_scholarship~~cs
Insisting on a sharp distinction between the law governing presidential authority that is subject to
AND
than an internal sense of fidelity to law (or judicial review).120

Multiple past de-alerting measures disprove their links

Blair 8 – Dr. Bruce, President of the World Security Institute
http://www.peaceactionme.org/taking-nuclear-forces-day-day-alert
De-alerting U.S. nuclear forces has occurred before.
AND
at the direction of President Mikhail Gorbachev.