Tournament: ADA | Round: 2 | Opponent: Houston AJ | Judge: David Cram Helwich
Contention 1- Legitimacy
Guantanamo closure is inevitable- detainees will get transferred to the US
Herb 14 (Jeremy- Defense reporter for The Hill, citing Clifford Sloan the State Depart. Envoy for closing gitmo, 1/3, “Envoy confident Gitmo will be closed”, http://thehill.com/blogs/defcon-hill/policy-strategy/194361-gitmo-envoy-confident-prison-will-be-closed)
The man in charge of closing the U.S. detention center in Guantánamo
AND

it is time to put this problem before us,” he said.

Unfortunately- failure to apply the conventions erodes our court’s credibility
Gruber, 11 (Aya- Professor of Law, University of Colorado Law School, 1/1, “An Unintended Casualty of the War on Terror”, http://scholarworks.gsu.edu/gsulr/vol27/iss2/12/)
As the dust of the Bush administration's war on terror settles, casualties are starting
AND
Hamdan's approach to the Geneva Conventions harmful to the Supreme Court's international reputation?

The impact is sustainable rule of law promotion- only maintaining court credibility solves
Scharf 9 (Michael P. Scharf et al., Counsel of Record, Brief of the Public International Law and Policy Group as Amicus Curiae in Support of the Petitioners, Jamal Kiyemba, et. Al., v. Barack H. Obama, et al., SCOTUS, No. 08-1234, 12—09, p. 3-8.)

The precedent of this Court has a significant impact on rule of law in foreign
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promote respect for rule of law in foreign states during times of conflict.

A strong judiciary is key
Kalb 13 Summer, 2013; Johanna Kalb is an Associate Professor of Law, Loyola University New Orleans College of Law, “The Judicial Role in New Democracies: A Strategic Account of Comparative Citation”, 38 Yale J. Int'l L. 423
The role of the judiciary in transitional regimes has received increasing attention in the last
AND
as unconstitutional domestically unpopular legislation forced on the elected branches by international actors.
Credible rule of law promotion prevents conflict escalation
Kersch 6 2006, Ken I. Kersch, Assistant Professor of Politics, Princeton University. B.A., Williams; J.D., Northwestern; Ph.D., Cornell. Thanks to the Social Philosophy and Policy Center at Bowling Green State University, where I was a visiting research scholar in the fall of 2005, and to the organizers of, and my fellow participants in, the Albany Law School Symposium, Albany Law School, “The Supreme Court and international relations theory.”, http://www.thefreelibrary.com/The+Supreme+Court+and+international+relations+theory.-a0151714294
Liberal theories of international relations hold that international peace and prosperity are advanced to the
AND
. The liberal foreign policy outlook will thus fortify them against contemporary criticism.

Empirical analysis proves democratic governance prevents conflicts
Cortright 13, David Cortright is the director of Policy Studies at the Kroc Institute for Peace Studies at the University of Notre Dame, Chair of the Board of Directors of the Fourth Freedom Forum, and author of 17 books, Kristen Wall is a Researcher and Analyst at the Kroc Institute, Conor Seyle is Associate Director of One Earth Future, Governance, Democracy, and Peace How State Capacity and Regime Type Influence the Prospects of War and Peace, http://oneearthfuture.org/sites/oneearthfuture.org/files//documents/publications/Cortright-Seyle-Wall-Paper.pdf
Drawing from the empirical literature, this paper identifies two underlying pathways through which state
AND
importance of inclusive and representative governance structures for the prevention of armed conflict.

Autocratic regimes are gaining momentum now, restraints on the executive are key to prevent democratic backsliding
Larry Diamond 9, Professor of Political Science and Sociology @ Stanford, “The Impact of the Global Financial Crisis on Democracy”, Presented to the SAIS-CGD Conference on New Ideas in Development after the Financial Crisis, Conference Paper that can be found on his Vita
Concern about the future of democracy is further warranted by the gathering signs of a
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and for the effective restoration of democracy in countries like Thailand and Nepal.

Democratic backsliding causes great power war
Gat 11 (Azar- the Ezer Weizman Professor of National Security at Tel Aviv University, 2011, “The Changing Character of War,” in The Changing Character of War, ed. Hew Strachan and Sibylle Scheipers, p. 30-32)
Since 1945, the decline of major great power war has deepened further. Nuclear
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, they may vary less than seemed likely only a short while ago.

Contention 2- Geneva 

The courts failure to apply Geneva to detention policy has eviscerated the conventions credibility
Gruber 11 (Aya- Professor of Law, University of Colorado Law School, 1/1, “An Unintended Casualty of the War on Terror”, http://scholarworks.gsu.edu/gsulr/vol27/iss2/12/)
As President Obama inches ever closer to embracing the “twilight zone” model of
AND
fair principle that signed and ratified treaties are the law of the land. 

Credible US lead of Geneva key to prevent hotspot escalation
Koh 4, dean of Yale Law School and professor of international agreement, 9/20/2004
(Harold, “On America's Double Standard,” http://prospect.org/article/americas-double-standard)

When the United States holds Taliban detainees at Guantanamo Bay, Cuba, without Geneva
AND
the legitimacy of the rules themselves, just when we need them most. 

These scenarios outweigh- escalation is guaranteed  
Ratner, 8 (Law Prof-Michigan, “Think Again: Geneva Conventions,” 2/19, http://www.foreignpolicy.com/articles/2008/02/19/think_again_geneva_conventions?page=0,6)
 “No Nation Flouts the Geneva Conventions More than the United States” That’s
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such wars would far surpass anything the war on terror could ever deliver. 

Credibility on detention solves terror and the environment
Wexler 8 (Lesley, Assistant Professor, Florida State University College of Law, “HUMAN RIGHTS IMPACT STATEMENTS: AN IMMIGRATION CASE STUDY,” 22 Geo. Immigr. L.J. 285, Lexis)
Enhancing our reputation for human rights compliance is especially important given current political realities.
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rights treaties might enhance our ability to lead and participate in other arenas.
 

Terrorism leads to extinction
Hellman, 08 Martin E. Hellman, emeritus prof of engineering @ Stanford, “Risk Analysis of Nuclear Deterrence” SPRING 2008 THE BENT OF TAU BETA PI, http://www.nuclearrisk.org/paper.pdf
The threat of nuclear terrorism looms much larger in the public’s mind than the threat
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assume that  preventing World War III is a necessity—not an option.

Risk of theft is high, and attack escalate quickly
Vladimir Z. Dvorkin ‘12 Major General (retired), doctor of technical sciences, professor, and senior fellow at the Center for International Security of the Institute of World Economy and International Relations of the Russian Academy of Sciences.  The Center participates in the working group of the U.S.-Russia Initiative to Prevent Nuclear Terrorism, 9/21/12, "What Can Destroy Strategic Stability: Nuclear Terrorism is a Real Threat," belfercenter.ksg.harvard.edu/publication/22333/what_can_destroy_strategic_stability.html
Hundreds of scientific papers and reports have been published on nuclear terrorism. International conferences
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a common understanding of these threats and develop a strategy to combat them.

Environmental degradation risks extinction
Coyne 7 (Jerry and Hopi Hoekstra , *professor in the Department of Ecology and Evolution at the University of Chicago AND Associate Professor in the Department of Organismic and Evolutionary Biology at Harvard University, New Republic, “The Greatest Dying,” 9/24, http://www.truthout.org/article/jerry-coyne-and-hopi-e-hoekstra-the-greatest-dying)
But it isn't just the destruction of the rainforests that should trouble us. Healthy
AND
just another Great Dying, but perhaps the greatest dying of them all.

Precautionary principle means any risk of this impact outweighs
Cerutti 7, Professor of Political Philosophy at the University of Florence, 2007
(Furio Cerutti, “Global Challenges for Leviathan: A Political Philosophy of Nuclear Weapons and Global Warming.” Lexington Books. p. 31)
The second feature of the impasse is irreversibility, which is peculiar to the worst
AND
different approach, which will be looked into in the last three chapters.

Plan
Plan: The United States federal judiciary should restrict the authority of the President of the United States to indefinitely detain by ruling that Third Geneva Convention Article Five rights are self-executing for those combatants found in adherence to the Third Geneva Convention.
Contention 3- Solvency
A selective interpretation is key- expansive interpretations anger our allies, and erode the credibility of the treaty
CSP 2 (Center for Security Policy, Excerpts from articles written by History Profs at Oxford and Sarah Lawrence and WSJ Editorial, Worried About Civilian Casualties in the War on Terror? Don’t Allow Terrorists to Masquerade as Non-Combattants, 2/13, http://www.centerforsecuritypolicy.org/2002/02/13/worried-about-civilian-casualties-in-the-war-on-terror-dont-allow-terrorists-to-masquerade-as-non-combattants-2/)
Fortunately, in recent days, two published items have helpfully clarified the compelling reasons
AND
giving them more incentives to hide among civilians and go after civilian targets.

Application of the conventions solves credibility, roadblocks and circumvention
Feldman 13 (Noah, professor of Constitutional and International Law at Harvard, “Obama Can Close Guantanamo: Here’s How,” Bloomberg, May 7, 2013, http://www.bloomberg.com/news/2013-05-07/obama-has-leverage-to-get-his-way-on-guantanamo.html)
To deepen the argument beyond executive power, the president is also in charge of
AND
the inherent authority to ensure that we are complying with our treaty obligations.
 

Observer effect solves circumvention- this card assumes all your empirics and warrants
Deeks 10/21 (Ashley, Ashbley Deeks served as an attorney-adviser in the Office of the Legal Adviser at the U.S. Department of State. She worked on issues related to the law of armed conflict, including detention, the U.S. relationship with the International Committee of the Red Cross, conventional weapons, and the legal framework for the conflict with al-Qaeda. Courts Can Influence National Security Without Doing a Single Thing http://www.newrepublic.com/article/115270/courts-influence-national-security-merely-watching)
While courts rarely intervene directly in national security disputes, they nevertheless play a significant
AND
more rights-protective direction without a court ordering it to do so.
 

No disads- Congress removed transfer restrictions for detainees- Obama signing it proves he won’t circumvent
ACLU 12/20 (Senate Eases Transfer Restrictions for Guantánamo Detainees https://www.aclu.org/national-security/senate-eases-transfer-restrictions-guantanamo-detainees)
WASHINGTON – The Senate late last night passed the National Defense Authorization Act for fiscal
AND
to remove the remaining ban on using federal criminal courts to try detainees."
 

Citations on article 3 and 75 should have triggered the link to your DA’s
Tony Ginsburg et al* 9, law prof at Chicago, “brief of international law experts as amici curiae in support of petitioners”, http://www.americanbar.org/content/dam/aba/publishing/preview/publiced_preview_briefs_pdfs_09_10_08_1234_PetitionerAmCuIntlLawExperts.authcheckdam.pdf
*Ryan Goodman is Anne and Joel Ehrenkranz Professor of Law Professor of Politics and
AND
Center for Global Law and Policy at Santa Clara University School of Law.
The law of war creates an independent legal obligation that the District Court be permitted
AND
U.S. (2 Cranch) 64, 118 (1804).

However, only a self-execution ruling can solve the aff—it makes it impossible for the US to back norms
Friedman, 5 (JD-University of Florida Law, “The Uneasy US Relationship with Human Rights Treaties: The Constitutional Treaty System and Non-Self-Execution Declarations,” 17 Fla. J. Int'l L. 187, March, Lexis)
E. Policy Arguments Against Nonself-Execution Declarations: The International Implications
Regardless of whether the constitutional arguments against nonself-execution declarations pass muster, the
AND
, especially the desire to serve as an example to other nations. n445
Court action is key- symbolic effect
Fontana 8 (David, Associate Professor of Law – George Washington University Law School, “The Supreme Court: Missing in Action”, Dissent Magazine, Spring, http://www.dissentmagazine.org/article/?article=1165)
The Results of Inaction
What is the problem with this approach? The answer
AND
from looking to the Geneva Conventions as a source of a legal claim.
Court action has to come first to solve
Waxman 9 (Matthew- Professor of Law; Faculty Chair, Roger Hertog Program on Law and National Security, “Legislating the War on Terror: An Agenda for Reform”, November 3, Book)
Judicial review can help safeguard liberty and enhance the credibility at¶ home and abroad
AND
to contest what with the assistance of counsel? Transparent determinations of what?

Tournament: Districts | Round: 1 | Opponent: Georgia State NS | Judge: Patrick Waldinger
Contention 1- Rule of Law
Afghanistan has adopted detention policies modeled off US law
Rodgers 12 (Chris Rogers is a human rights lawyer for the Open Society Foundations specializing in human rights and conflict in Afghanistan and Pakistan, May 14, “Karzai's bid for a dictatorial detention law”, http://afpak.foreignpolicy.com/posts/2012/05/14/karzais_bid_for_a_dictatorial_detention_law)
As part of the agreement to transfer control of Bagram, the Afghan government is
AND
responsibly ending the war in Afghanistan requires defending, not betraying this principle.

This has prevented rule of law restoration in Afghanistan- judicial modeling makes US action key
ICG 10 (International Crisis Group, November 17, “REFORMING AFGHANISTAN’S BROKEN JUDICIARY”, http://www.crisisgroup.org/~/media/Files/asia/south-asia/afghanistan/19520Reforming20Afghanistans20Broken20Judiciary.ashx)
U.S. detention policy has frequently been cited by Afghan  and international legal
AND
240 This and other issues should be clarified before the transition in 2011. 

Starting with US policy leads to Afghan judiciary improvements
Eviatar 12 (Daphne Eviatar Law and Security Program Human Rights First, 1-9, “The Latest Skirmish in Afghanistan: Hate to Say We Told You So”, http://www.humanrightsfirst.org/2012/01/09/the-latest-skirmish-in-afghanistan-hate-to-say-we-told-you-so/)
Responsibility begins with due process. As we wrote in our report in May,
AND
to start providing real justice to the thousands of prisoners in its custody.
 

Judicial action is key to international credibility and restoring the rule of law
Hecht, 05 (Daryl, Judge for the Iowa Court of Appeals, 50
AND
, fundamental human rights, and principles of limited government for doing so.

Only restoring confidence in their judiciary can make our withdrawal successful
ICG 10 (International Crisis Group, November 17, “REFORMING AFGHANISTAN’S BROKEN JUDICIARY”, http://www.crisisgroup.org/~/media/Files/asia/south-asia/afghanistan/19520Reforming20Afghanistans20Broken20Judiciary.ashx)
A substantial course correction is needed to restore the  rule of law in Afghanistan.
AND
control of detention facilities is smooth, transparent and adheres to international law.
There are no alt causes
USAID 13 (February, “Fact Sheet Infrastructure Sector- Feb 2013”, download here- http://afghanistan.usaid.gov/en/programs/infrastructure#Tab=Description)
ENERGY  Surveys indicate increased electricity supply is a top priority for Afghans. USAID efforts
AND
that will allow the Afghan government to optimize its future water resource development.

Unsuccessful drawdown makes nuclear war inevitable
Cronin 13 (Audrey Kurth Cronin is Professor of Public Policy at George Mason University and author of How Terrorism Ends and Great Power Politics and the Struggle over Austria. Thinking Long on Afghanistan: Could it be Neutralized? Center for Strategic and International Studies The Washington Quarterly • 36:1 pp. 55_72http:dx.doi.org/10.1080/0163660X.2013.751650)  
With ISAF withdrawal inevitable, a sea change is already underway: the question is
AND
except this time the outcome could be not just terrorism but nuclear war.

Great powers will get involved- Afghanistan stability is the key internal link
Blank 12 (Stephen Blank¶ Strategic Studies Institute, US Army War College- he studies this stuff, January 27, “Whither the new great game in Central Asia?”, pdf)
Although many scholars dislike the term “great game”¶ or “new great game
AND
great, regional, and local powers for influence in¶ Central Asia.¶ 

There’s no check on escalation- 2014 is the key year for stability- unsuccessful withdrawal makes war inevitable
Gupta 14 -- Anubhav, Asia Society, Senior Program officer for the Asia Society Policy Institute, 2014, asiasociety.org/blog/asia/2014-south-asias-make-or-break-year
2013 was a difficult year for South Asia. The year, which began portentously
AND
troops in 2014, which could be calamitous for stability in the country.

Contention 2- Geneva 

The courts failure to apply Geneva to detention policy has eviscerated the conventions credibility
Gruber 11 (Aya- Professor of Law, University of Colorado Law School, 1/1, “An Unintended Casualty of the War on Terror”, http://scholarworks.gsu.edu/gsulr/vol27/iss2/12/)
As President Obama inches ever closer to embracing the “twilight zone” model of
AND
fair principle that signed and ratified treaties are the law of the land. 

Credible US lead of Geneva key to prevent hotspot escalation
Koh 4, dean of Yale Law School and professor of international agreement, 9/20/2004
(Harold, “On America's Double Standard,” http://prospect.org/article/americas-double-standard)

When the United States holds Taliban detainees at Guantanamo Bay, Cuba, without Geneva
AND
the legitimacy of the rules themselves, just when we need them most. 

Affirmation of the conventions is key to solve eco-degredation
Wexler 8 (Lesley, Assistant Professor, Florida State University College of Law, “HUMAN RIGHTS IMPACT STATEMENTS: AN IMMIGRATION CASE STUDY,” 22 Geo. Immigr. L.J. 285, Lexis)
Enhancing our reputation for human rights compliance is especially important given current political realities.
AND
rights treaties might enhance our ability to lead and participate in other arenas.
 

Environmental degradation risks extinction
Coyne 7 (Jerry and Hopi Hoekstra , *professor in the Department of Ecology and Evolution at the University of Chicago AND Associate Professor in the Department of Organismic and Evolutionary Biology at Harvard University, New Republic, “The Greatest Dying,” 9/24, http://www.truthout.org/article/jerry-coyne-and-hopi-e-hoekstra-the-greatest-dying)
But it isn't just the destruction of the rainforests that should trouble us. Healthy
AND
just another Great Dying, but perhaps the greatest dying of them all.

Precautionary principle means any risk of this impact outweighs
Cerutti 7, Professor of Political Philosophy at the University of Florence, 2007
(Furio Cerutti, “Global Challenges for Leviathan: A Political Philosophy of Nuclear Weapons and Global Warming.” Lexington Books. p. 31)
The second feature of the impasse is irreversibility, which is peculiar to the worst
AND
different approach, which will be looked into in the last three chapters.

Credible US Geneva promotion solves contractor targeting- status quo makes operation collapse inevitable
Beard, 7 (Law Prof-UCLA and Former General Counsel-DOD, “The Geneva Boomerang: The Military Commissions Act of 2006 And U.S. Counterterror Operations,” 101 A.J.I.L. 56, January, Lexis)
Images depicting the mistreatment of Iraqi detainees by U.S. personnel at the
AND
this extraordinarily key distinction upon which the United States has long relied. n66

Key to irregular warfighting
Wallace 9 – deputy head of the Department of Law at the US Military Academy prof since 2001 and a prof at the Judge Advocate General’s School of the Army from 1996-99, B.A. from Carnegie Mellon University, a JD from Seattle University School of Law, MSBA from Boston University, military law degree, specialty in contract law (Col David A., “The future use of corporate warriors with the U.S. Armed Forces: legal, policy, and practical considerations and concerns”, http://www.thefreelibrary.com/The+future+use+of+corporate+warriors+with+the+U.S.+Armed+Forces:...-a0205637482)
It is apparent that private security contractors possess a number of these important capabilities and characteristics. In terms of attributes that would make them a force multiplier for future conflicts, private security contractors can be adaptable/tailored, precise, fast, agile, and lethal. The government, for example, can expand, shrink, and refine the contractor workforce structure very quickly by means of solicitation and statement of work process. Highly skilled contractors can be retained to execute a contract on an ad hoc basis in whatever numbers the government needs to accompany the armed forces or other government entities to address a wide ranging array of security concerns. Additionally, procurement officials may use a variety of legal authorities and contract types to award such contracts quickly and efficiently, and terminate them immediately at the conflict's end, with no back-end retirement or medical costs to the government. Within the military force structure, however, it often takes years to make significant changes. After consideration of the nature of the future security challenges (i.e., irregular, disruptive, traditional, and catastrophic), it does not take much imagination to envision how private security contractors could augment U.S. forces in a variety of scenarios. The United States could, for example, use armed contractors with the appropriate skill sets to provide a continuum of services. For example, contractor personnel could serve as peacekeepers or peacemakers (e.g., support U.S. efforts in conflicts like Darfur); locate, tag, and track terrorists; secure critical infrastructure, lines of communication, and potential high-value targets; and assist in foreign internal defense. Moreover, private security contractors could arguably be used as a constabulary force during a military occupation or during stability and support operations. Given that a number of private security firms employ highly skilled former special operations personnel, it is readily foreseeable that contractors could add value to special operations forces as they work to meet the challenges of irregular conflicts or catastrophic challenges. Furthermore, in a resource-constrained environment, private security contractors have an intuitive appeal. The government can hire the armed security contractors only when needed. Their services can be terminated at the convenience of the government when the contingency ends; contractors can also be terminated for default if they fail to perform. The contractual agreements can specify the skill sets necessary to satisfy the government's requirements. In sum, security contractors offer important capabilities and attributes that potentially make them an attractive option for future strategic planners. There are, however, significant risks and concerns associated with using private security contractors to augment the future force.
Extinction
Bennett 8 (12/4, John, DefenseNews, “JFCOM Releases Study on Future Threats”, http://www.defensenews.com/story.php?i=3850158, WEA)

The study predicts future U.S. forces' missions will range "from regular
AND
based on the serious implications for homeland security alone," said the report.

Plan
Plan: The United States federal judiciary should restrict the authority of the President of the United States to indefinitely detain by ruling that Third Geneva Convention Article Five rights are self-executing for those combatants found in adherence to the Third Geneva Convention.
Contention 3- Solvency
A selective interpretation is key- expansive interpretations anger our allies, and erode the credibility of the treaty
CSP 2 (Center for Security Policy, Excerpts from articles written by History Profs at Oxford and Sarah Lawrence and WSJ Editorial, Worried About Civilian Casualties in the War on Terror? Don’t Allow Terrorists to Masquerade as Non-Combattants, 2/13, http://www.centerforsecuritypolicy.org/2002/02/13/worried-about-civilian-casualties-in-the-war-on-terror-dont-allow-terrorists-to-masquerade-as-non-combattants-2/)
Fortunately, in recent days, two published items have helpfully clarified the compelling reasons
AND
giving them more incentives to hide among civilians and go after civilian targets.

Application of the conventions solves credibility, roadblocks and circumvention
Feldman 13 (Noah, professor of Constitutional and International Law at Harvard, “Obama Can Close Guantanamo: Here’s How,” Bloomberg, May 7, 2013, http://www.bloomberg.com/news/2013-05-07/obama-has-leverage-to-get-his-way-on-guantanamo.html)
To deepen the argument beyond executive power, the president is also in charge of
AND
the inherent authority to ensure that we are complying with our treaty obligations.

Observer effect solves circumvention- this card assumes all your empirics and warrants
Deeks 10/21 (Ashley, Ashbley Deeks served as an attorney-adviser in the Office of the Legal Adviser at the U.S. Department of State. She worked on issues related to the law of armed conflict, including detention, the U.S. relationship with the International Committee of the Red Cross, conventional weapons, and the legal framework for the conflict with al-Qaeda. Courts Can Influence National Security Without Doing a Single Thing http://www.newrepublic.com/article/115270/courts-influence-national-security-merely-watching)
While courts rarely intervene directly in national security disputes, they nevertheless play a significant
AND
more rights-protective direction without a court ordering it to do so.
No disads- Congress removed transfer restrictions for detainees- Obama signing it proves he won’t circumvent
ACLU 12/20 (Senate Eases Transfer Restrictions for Guantánamo Detainees https://www.aclu.org/national-security/senate-eases-transfer-restrictions-guantanamo-detainees)
WASHINGTON – The Senate late last night passed the National Defense Authorization Act for fiscal
AND
to remove the remaining ban on using federal criminal courts to try detainees."
Citations on article 3 and 75 should have triggered the link to your DA’s
Tony Ginsburg et al* 9, law prof at Chicago, “brief of international law experts as amici curiae in support of petitioners”, http://www.americanbar.org/content/dam/aba/publishing/preview/publiced_preview_briefs_pdfs_09_10_08_1234_PetitionerAmCuIntlLawExperts.authcheckdam.pdf
*Ryan Goodman is Anne and Joel Ehrenkranz Professor of Law Professor of Politics and
AND
Center for Global Law and Policy at Santa Clara University School of Law.
The law of war creates an independent legal obligation that the District Court be permitted
AND
legally binding on the United States and enforceable in U.S. courts

11 Common Article 3 provides that in a “conflict not of an international character
AND
in connection with armed conflict “shall be released with the minimum delay possible 

and in any event as soon as the circumstances justifying the arrest, detention or
AND
U.S. (2 Cranch) 64, 118 (1804).

That only leaves the affs application- trails in regular courts are key
Ratner, 8 (Law Prof-Michigan, “Think Again: Geneva Conventions,” 2/19, http://www.foreignpolicy.com/articles/2008/02/19/think_again_geneva_conventions?page=0,6)
“The Geneva Conventions Are Obsolete” Only in the minor details. The laws
AND
rights treaties, which constrain them far more than do the Geneva Conventions.

Tournament: Districts | Round: 4 | Opponent: Vanderbilt WS | Judge: Ed Lee
1AC- Districts
Contention 1- Rule of Law
Afghanistan has adopted detention policies modeled off US law
Rodgers 12 (Chris Rogers is a human rights lawyer for the Open Society Foundations specializing in human rights and conflict in Afghanistan and Pakistan, May 14, “Karzai's bid for a dictatorial detention law”, http://afpak.foreignpolicy.com/posts/2012/05/14/karzais_bid_for_a_dictatorial_detention_law)
As part of the agreement to transfer control of Bagram, the Afghan government is
AND
responsibly ending the war in Afghanistan requires defending, not betraying this principle.

This has prevented rule of law restoration in Afghanistan- judicial modeling makes US action key
ICG 10 (International Crisis Group, November 17, “REFORMING AFGHANISTAN’S BROKEN JUDICIARY”, http://www.crisisgroup.org/~/media/Files/asia/south-asia/afghanistan/19520Reforming20Afghanistans20Broken20Judiciary.ashx)
U.S. detention policy has frequently been cited by Afghan  and international legal
AND
240 This and other issues should be clarified before the transition in 2011. 

Starting with US policy leads to Afghan judiciary improvements
Eviatar 12 (Daphne Eviatar Law and Security Program Human Rights First, 1-9, “The Latest Skirmish in Afghanistan: Hate to Say We Told You So”, http://www.humanrightsfirst.org/2012/01/09/the-latest-skirmish-in-afghanistan-hate-to-say-we-told-you-so/)
Responsibility begins with due process. As we wrote in our report in May,
AND
to start providing real justice to the thousands of prisoners in its custody.
 

Judicial action is key to international credibility and restoring the rule of law
Hecht, 05 (Daryl, Judge for the Iowa Court of Appeals, 50
AND
, fundamental human rights, and principles of limited government for doing so.

Only restoring confidence in their judiciary can make our withdrawal successful
ICG 10 (International Crisis Group, November 17, “REFORMING AFGHANISTAN’S BROKEN JUDICIARY”, http://www.crisisgroup.org/~/media/Files/asia/south-asia/afghanistan/19520Reforming20Afghanistans20Broken20Judiciary.ashx)
A substantial course correction is needed to restore the  rule of law in Afghanistan.
AND
control of detention facilities is smooth, transparent and adheres to international law.
There are no alt causes
USAID 13 (February, “Fact Sheet Infrastructure Sector- Feb 2013”, download here- http://afghanistan.usaid.gov/en/programs/infrastructure#Tab=Description)
ENERGY  Surveys indicate increased electricity supply is a top priority for Afghans. USAID efforts
AND
that will allow the Afghan government to optimize its future water resource development.

Unsuccessful drawdown makes nuclear war inevitable
Cronin 13 (Audrey Kurth Cronin is Professor of Public Policy at George Mason University and author of How Terrorism Ends and Great Power Politics and the Struggle over Austria. Thinking Long on Afghanistan: Could it be Neutralized? Center for Strategic and International Studies The Washington Quarterly • 36:1 pp. 55_72http:dx.doi.org/10.1080/0163660X.2013.751650)  
With ISAF withdrawal inevitable, a sea change is already underway: the question is
AND
except this time the outcome could be not just terrorism but nuclear war.

Great powers will get involved- Afghanistan stability is the key internal link
Blank 12 (Stephen Blank¶ Strategic Studies Institute, US Army War College- he studies this stuff, January 27, “Whither the new great game in Central Asia?”, pdf)
Although many scholars dislike the term “great game”¶ or “new great game
AND
great, regional, and local powers for influence in¶ Central Asia.¶ 

There’s no check on escalation- 2014 is the key year for stability- unsuccessful withdrawal makes war inevitable
Gupta 14 -- Anubhav, Asia Society, Senior Program officer for the Asia Society Policy Institute, 2014, asiasociety.org/blog/asia/2014-south-asias-make-or-break-year
2013 was a difficult year for South Asia. The year, which began portentously
AND
troops in 2014, which could be calamitous for stability in the country.

Contention 2- Geneva 

The courts failure to apply Geneva to detention policy has eviscerated the conventions credibility
Gruber 11 (Aya- Professor of Law, University of Colorado Law School, 1/1, “An Unintended Casualty of the War on Terror”, http://scholarworks.gsu.edu/gsulr/vol27/iss2/12/)
As President Obama inches ever closer to embracing the “twilight zone” model of
AND
fair principle that signed and ratified treaties are the law of the land. 

Credible US lead of Geneva key to prevent hotspot escalation
Koh 4, dean of Yale Law School and professor of international agreement, 9/20/2004
(Harold, “On America's Double Standard,” http://prospect.org/article/americas-double-standard)

When the United States holds Taliban detainees at Guantanamo Bay, Cuba, without Geneva
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the legitimacy of the rules themselves, just when we need them most. 

These scenarios outweigh- escalation is guaranteed  
Ratner, 8 (Law Prof-Michigan, “Think Again: Geneva Conventions,” 2/19, http://www.foreignpolicy.com/articles/2008/02/19/think_again_geneva_conventions?page=0,6)
 “No Nation Flouts the Geneva Conventions More than the United States” That’s
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such wars would far surpass anything the war on terror could ever deliver. 

Credibility on detention solves terror and the environment
Wexler 8 (Lesley, Assistant Professor, Florida State University College of Law, “HUMAN RIGHTS IMPACT STATEMENTS: AN IMMIGRATION CASE STUDY,” 22 Geo. Immigr. L.J. 285, Lexis)
Enhancing our reputation for human rights compliance is especially important given current political realities.
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rights treaties might enhance our ability to lead and participate in other arenas.
 

Terrorism leads to extinction
Hellman, 08 Martin E. Hellman, emeritus prof of engineering @ Stanford, “Risk Analysis of Nuclear Deterrence” SPRING 2008 THE BENT OF TAU BETA PI, http://www.nuclearrisk.org/paper.pdf
The threat of nuclear terrorism looms much larger in the public’s mind than the threat
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assume that  preventing World War III is a necessity—not an option.

Risk of theft is high, and attack escalate quickly
Vladimir Z. Dvorkin ‘12 Major General (retired), doctor of technical sciences, professor, and senior fellow at the Center for International Security of the Institute of World Economy and International Relations of the Russian Academy of Sciences.  The Center participates in the working group of the U.S.-Russia Initiative to Prevent Nuclear Terrorism, 9/21/12, "What Can Destroy Strategic Stability: Nuclear Terrorism is a Real Threat," belfercenter.ksg.harvard.edu/publication/22333/what_can_destroy_strategic_stability.html
Hundreds of scientific papers and reports have been published on nuclear terrorism. International conferences
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a common understanding of these threats and develop a strategy to combat them.

Environmental degradation risks extinction
Coyne 7 (Jerry and Hopi Hoekstra , *professor in the Department of Ecology and Evolution at the University of Chicago AND Associate Professor in the Department of Organismic and Evolutionary Biology at Harvard University, New Republic, “The Greatest Dying,” 9/24, http://www.truthout.org/article/jerry-coyne-and-hopi-e-hoekstra-the-greatest-dying)
But it isn't just the destruction of the rainforests that should trouble us. Healthy
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just another Great Dying, but perhaps the greatest dying of them all.

Precautionary principle means any risk of this impact outweighs
Cerutti 7, Professor of Political Philosophy at the University of Florence, 2007
(Furio Cerutti, “Global Challenges for Leviathan: A Political Philosophy of Nuclear Weapons and Global Warming.” Lexington Books. p. 31)
The second feature of the impasse is irreversibility, which is peculiar to the worst
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different approach, which will be looked into in the last three chapters.

Plan
Plan: The United States federal judiciary should restrict the authority of the President of the United States to indefinitely detain by ruling that Third Geneva Convention Article Five rights are self-executing for those combatants found in adherence to the Third Geneva Convention.
Contention 3- Solvency
A selective interpretation is key- expansive interpretations anger our allies, and erode the credibility of the treaty
CSP 2 (Center for Security Policy, Excerpts from articles written by History Profs at Oxford and Sarah Lawrence and WSJ Editorial, Worried About Civilian Casualties in the War on Terror? Don’t Allow Terrorists to Masquerade as Non-Combattants, 2/13, http://www.centerforsecuritypolicy.org/2002/02/13/worried-about-civilian-casualties-in-the-war-on-terror-dont-allow-terrorists-to-masquerade-as-non-combattants-2/)
Fortunately, in recent days, two published items have helpfully clarified the compelling reasons
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giving them more incentives to hide among civilians and go after civilian targets.

Application of the conventions solves credibility, roadblocks and circumvention
Feldman 13 (Noah, professor of Constitutional and International Law at Harvard, “Obama Can Close Guantanamo: Here’s How,” Bloomberg, May 7, 2013, http://www.bloomberg.com/news/2013-05-07/obama-has-leverage-to-get-his-way-on-guantanamo.html)
To deepen the argument beyond executive power, the president is also in charge of
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the inherent authority to ensure that we are complying with our treaty obligations.

Observer effect solves circumvention- this card assumes all your empirics and warrants
Deeks 10/21 (Ashley, Ashbley Deeks served as an attorney-adviser in the Office of the Legal Adviser at the U.S. Department of State. She worked on issues related to the law of armed conflict, including detention, the U.S. relationship with the International Committee of the Red Cross, conventional weapons, and the legal framework for the conflict with al-Qaeda. Courts Can Influence National Security Without Doing a Single Thing http://www.newrepublic.com/article/115270/courts-influence-national-security-merely-watching)
While courts rarely intervene directly in national security disputes, they nevertheless play a significant
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more rights-protective direction without a court ordering it to do so.
No disads- Congress removed transfer restrictions for detainees- Obama signing it proves he won’t circumvent
ACLU 12/20 (Senate Eases Transfer Restrictions for Guantánamo Detainees https://www.aclu.org/national-security/senate-eases-transfer-restrictions-guantanamo-detainees)
WASHINGTON – The Senate late last night passed the National Defense Authorization Act for fiscal
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to remove the remaining ban on using federal criminal courts to try detainees."
Citations on article 3 and 75 should have triggered the link to your DA’s
Tony Ginsburg et al* 9, law prof at Chicago, “brief of international law experts as amici curiae in support of petitioners”, http://www.americanbar.org/content/dam/aba/publishing/preview/publiced_preview_briefs_pdfs_09_10_08_1234_PetitionerAmCuIntlLawExperts.authcheckdam.pdf
*Ryan Goodman is Anne and Joel Ehrenkranz Professor of Law Professor of Politics and
AND
Center for Global Law and Policy at Santa Clara University School of Law.
The law of war creates an independent legal obligation that the District Court be permitted
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. Article 75, which is “indisputably part of the customary international law

,” 548 U.S. at 634 (plurality opinion),12 provides that
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U.S. (2 Cranch) 64, 118 (1804).

That only leaves the affs application- trails in regular courts are key
Ratner, 8 (Law Prof-Michigan, “Think Again: Geneva Conventions,” 2/19, http://www.foreignpolicy.com/articles/2008/02/19/think_again_geneva_conventions?page=0,6)
“The Geneva Conventions Are Obsolete” Only in the minor details. The laws
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rights treaties, which constrain them far more than do the Geneva Conventions.

Tournament: GSU | Round: 1 | Opponent: Missouri State BR | Judge: Austin Woodruff
Detention 1AC
Contention 1- Human Rights
US human rights promotion inevitable- but the double standard created by Guantanamo prevents that promotion from being credible
Hidayat 8/21 (Syarif- editor of the Mi’raj News Agency, 2013, “GITMO PRISON SHOWS THE US HYPOCRISY AND DOUBLE STANDARDS ON HUMAN RIGHTS”, http://mirajnews.com/en/article/opinion/7121-gitmo-prison-shows-the-us-hypocrisy-and-double-standards-on-human-rights.html)
The double standards of the renowned world preacher of human rights and the hypocrisy of
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domestic practices like indefinite detention, poor prison conditions, and racial profiling.¶ 

Lack of human rights application to detention policy limits SCOTUS influence and US human rights leadership
Gruber 11 (Aya- Professor of Law, University of Colorado Law School, 1/1, “An Unintended Casualty of the War on Terror”, http://scholarworks.gsu.edu/gsulr/vol27/iss2/12/)
As President Obama inches ever closer to embracing the “twilight zone” model of
AND
fair principle that signed and ratified treaties are the law of the land. 

Court application of customary international law is key to international credibility- forcing congressional clarification is key
Kundmueller 2 (Michelle University of Notre Dame, Candidate for J.D. and M.A. in Political Theory 2004, , 28 J. Legis. 359, p. lexis)
This Note has attempted to demonstrate some of the difficulties of applying customary international law
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it exists, rather than as courts and commentators wish it to be.
 

US key to global international law frameworks
Schulz 9 (William F. Schulz 9 is Senior Fellow, Center for American Progress, and#34;The Future of Human Rights: Restoring America’s Leadership,and#34; www.policyarchive.org/handle/10207/bitstreams/10918.pdf)
What has been far more problematic over the last few years than random disparities between
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protest human rights abuses will inevitably fail if they lack the support of others

The creation of an international standard for detention in accordance with humanitarian law solves multiple inevitable conflict scenarios- specifically climate change instability
Hilde 9 (Thomas C. Hilde is a professor at the university of Maryland school of Public Policy where he   teaches seminars in ethics and policy and international environmental and development law and   politics, 2009, “Beyond Guantánamo   Restoring U.S. Credibility on Human Rights”, http://www.lb.boell.org/downloads/Beyond_Guantanamo.pdf) *text amended after pasting troubles (g=G)
There is also a difference in the legal treatment of captured “enemy combatants”
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on European soil or made use of information gained through “harsh interrogations,” 

Absent cooperation- climate change instability escalates
Werz and Conley 12 - Senior Fellow @American Progress where his work as member of the National Security Team focuses on the nexus of climate change, migration, and security and emerging democracies and Research Associate for National Security and International Policy @ the Center for American Progress Michael Werz and Laura Conley, “Climate Change, Migration, and Conflict: Addressing complex crisis scenarios in the 21st Century,” Center for American Progress, January 2012
The costs and consequences of climate change on our world will define the 21st century
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all of which will affect food supplies. 19 Pg. 1-7

Effective international institutions solve disease spread- also puts a cap of warfare
Deudney and Ikenberry 9 (Daniel and John, Professor of Political Science at Johns Hopkins University and Professor of Politics and International Affairs at Princeton, and#34;The Myth of Autocratic Revivial: Why Liberal Democracy Will PRevail,and#34; Foreign AFfairs, Jan/Feb, Vol. 88, Issue 1, EBSCO))
TWO decades of post-Cold War liberal triumph, U.S. foreign
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Emerging global problems will create common interests across states regardless of regime type.

Pandemics lead to extinction- leading scientists are on our side
Greger 08 – M.D., is Director of Public Health and Animal Agriculture at The Humane Society of the United States (Michael Greger, Bird Flu: A Virus of Our Own Hatching, http://birdflubook.com/a.php?id=111)
Senate Majority Leader Frist describes the recent slew of emerging diseases in almost biblical terms
AND
“might easily transmute into a tune whistled whilst passing a graveyard.”3154

Contention 2- Rule of Law
Afghanistan is adopting detention policies modeled off US law- this makes instability inevitable
Rodgers 12 (Chris Rogers is a human rights lawyer for the Open Society Foundations specializing in human rights and conflict in Afghanistan and Pakistan, May 14, “Karzaiand#39;s bid for a dictatorial detention law”, http://afpak.foreignpolicy.com/posts/2012/05/14/karzais_bid_for_a_dictatorial_detention_law)
As part of the agreement to transfer control of Bagram, the Afghan government is
AND
responsibly ending the war in Afghanistan requires defending, not betraying this principle.

Detention policy has prevented rule of law restoration in Afghanistan- judicial modeling makes US action key
ICG 10 (International Crisis Group, November 17, “REFORMING AFGHANISTAN’S BROKEN JUDICIARY”, http://www.crisisgroup.org/~/media/Files/asia/south-asia/afghanistan/19520Reforming20Afghanistans20Broken20Judiciary.ashx)
U.S. detention policy has frequently been cited by Afghan  and international legal
AND
240 This and other issues should be clarified before the transition in 2011. 

Starting with US policy is key- it will restore credibility in our system and allows us to improve the Afghani justice system
Eviatar 12 (Daphne Eviatar Law and Security Program Human Rights First, 1-9, “The Latest Skirmish in Afghanistan: Hate to Say We Told You So”, http://www.humanrightsfirst.org/2012/01/09/the-latest-skirmish-in-afghanistan-hate-to-say-we-told-you-so/)
Responsibility begins with due process. As we wrote in our report in May,
AND
to start providing real justice to the thousands of prisoners in its custody.
 

Judicial action is key to international credibility and restoring the rule of law
Hecht, 05 (Daryl, Judge for the Iowa Court of Appeals, 50
AND
, fundamental human rights, and principles of limited government for doing so.

Only restoring confidence in their judiciary system can make our post-drawdown COIN strategy successful
ICG 10 (International Crisis Group, November 17, “REFORMING AFGHANISTAN’S BROKEN JUDICIARY”, http://www.crisisgroup.org/~/media/Files/asia/south-asia/afghanistan/19520Reforming20Afghanistans20Broken20Judiciary.ashx)
A substantial course correction is needed to restore the  rule of law in Afghanistan.
AND
control of detention facilities is smooth, transparent and adheres to international law.
 

Unsuccessful drawdown makes nuclear war inevitable
Cronin 13 (Audrey Kurth Cronin is Professor of Public Policy at George Mason University and author of How Terrorism Ends and Great Power Politics and the Struggle over Austria. Thinking Long on Afghanistan: Could it be Neutralized? Center for Strategic and International Studies The Washington Quarterly • 36:1 pp. 55_72http:dx.doi.org/10.1080/0163660X.2013.751650)  
With ISAF withdrawal inevitable, a sea change is already underway: the question is
AND
except this time the outcome could be not just terrorism but nuclear war.

Judicial reform and COIN are key to long term stability
The Nation 9 (Nov. 11, 2009, http://www.nation.com.pk/pakistan-news-newspaper-daily-english-online/International/11-Nov-2009/UN-body-urges-Karzai-to-fight-corruption)
UNITED NATIONS - The UN General Assembly has urged the government of re-elected
AND
Equally important was building the civilian institutions at the central and subnational levels.
 

Instability results in multiple conflict scenarios specifically- Indo-Pak and US-Russia
Carafano ’10 (Con: Obama must win fast in Afghanistan or risk new wars across the globe By JAMES JAY CARAFANO   Saturday, Jan. 2, 2010 James Jay Carafano is a senior research fellow for national security at The Heritage Foundation and directs its Allison Center for Foreign Policy Studies)
There’s little chance Kabul will become Saigon 1968. If the war in Afghanistan starts
AND
a puny EU military force incapable of defending the interests of its nations.
 

Limited Indo-Pak war causes extinction
Toon et al 7 – Atmospheric and Oceanic Sciences @ University of Colorado – ‘
AND
Vol. 315. no. 5816, pp. 1224 – 1225
The world may no longer face a serious threat of global nuclear warfare, but
AND
for full-scale nuclear attacks with high-yield weapons (4). 

Deterrence doesn’t check escalation
Weitz 10 Richard, writes a weekly column on Asia-Pacific strategic and security issues. He is director of the Center for Political-Military Analysis and a Senior Fellow at the Hudson Institute, The Diplomat, South Asia’s Nuclear War Risk
July 12, 2010, http://the-diplomat.com/2010/07/12/south-asiae28099s-nuclear-war-risk/4/?print=yes
Yet even setting aside the question of nuclear weapons falling into terrorist hands, nuclear
AND
is particularly prone to a destabilizing arms race. And perhaps nuclear war.

 

Risk of accidental exchange between the US and Russia over external crises is still high and risks extinction
Barrett et al. 13 (Anthony M. Barrett- Global Catastrophic Risk Institute, Seth D. Baum- Center for Research on Environmental Decisions, Columbia University, Kelly R. Hostetler- Department of Geography, Pennsylvania State University, 2013, “Analyzing and Reducing the Risks of Inadvertent Nuclear War Between the United States and Russia”, http://sethbaum.com/ac/fc_NuclearWar.pdf)
War involving significant fractions of the U.S. and Russian nuclear arsenals,
AND
likely to misinterpret events as attacks. 60,61,62,63
 

That is particularly true in the context of instability in the region
Schorr, 1 - analyst with the Insitute for Policy Studies (Ira, The Record, 10/14, lexis)
While these actions helped the nuclear superpowers back away from using weapons of mass destruction
AND
U.S. is serious about preventing the use of nuclear weapons. 

Contention 3- Solvency
Supreme Court action and application of the convention is key- solves congressional circumvention
Feldman 13 (Noah, professor of Constitutional and International Law at Harvard, “Obama Can Close Guantanamo: Here’s How,” Bloomberg, May 7, 2013, http://www.bloomberg.com/news/2013-05-07/obama-has-leverage-to-get-his-way-on-guantanamo.html)
To deepen the argument beyond executive power, the president is also in charge of
AND
the inherent authority to ensure that we are complying with our treaty obligations.
 

Normal means is the application of a clear statement requirement- that removes the President’s authority to conduct indefinite detention based on military grounds and is key to judicial clarity
Sarah Erickson-Muschko (J.D., Georgetown University Law Center) June 2013 “Beyond Individual Status: The Clear Statement Rule and the Scope of the AUMF Detention Authority in the United States” 101 Geo. L.J. 1399, Lexis
III. EXISTING SCHOLARSHIP ON THE CLEAR STATEMENT RULE: THE FOCUS ON INDIVIDUAL STATUS
Many scholars have advanced arguments regarding the application of a clear statement principle to the
AND
entrusted with the guardianship of the Constitution and laws.and#34; 168

Lower Court rulings inevitable - they lack cohesion and clarity but trigger the link to the courts DA- ONLY a ruling by the Supreme Court creates necessary clarity
Sparrow 11 (Indefinite Detention After Boumediene: Judicial Trailblazing in Uncharted and Unfamiliar Territory SUFFOLK UNIVERSITY LAW REVIEW Vol. XLIV:261 p lexis Tyler Sparrow is an associate in the Securities Department, and a member of the Litigation and Enforcement Practice Group

This section will argue that the current guidance on detainee habeas corpus actions offered by
AND
, and the reliability of hearsay evidence and statements made under coercion.114

Plan

Plan: The United States federal judiciary should restrict the authority of the President of the United States to indefinitely detain without the Third Geneva Conventions Article Five rights.

Tournament: Kentucky | Round: 2 | Opponent: Georgetown EM | Judge: Peter Susko
Detention 1AC
Contention 1- Rule of Law
Afghanistan is adopting detention policies modeled off US law- this makes instability inevitable
Rodgers 12 (Chris Rogers is a human rights lawyer for the Open Society Foundations specializing in human rights and conflict in Afghanistan and Pakistan, May 14, “Karzai's bid for a dictatorial detention law”, http://afpak.foreignpolicy.com/posts/2012/05/14/karzais_bid_for_a_dictatorial_detention_law)
As part of the agreement to transfer control of Bagram, the Afghan government is
AND
responsibly ending the war in Afghanistan requires defending, not betraying this principle.

Detention policy has prevented rule of law restoration in Afghanistan- judicial modeling makes US action key
ICG 10 (International Crisis Group, November 17, “REFORMING AFGHANISTAN’S BROKEN JUDICIARY”, http://www.crisisgroup.org/~/media/Files/asia/south-asia/afghanistan/19520Reforming20Afghanistans20Broken20Judiciary.ashx)
U.S. detention policy has frequently been cited by Afghan  and international legal
AND
240 This and other issues should be clarified before the transition in 2011. 

Starting with US policy is key- it will restore credibility in our system and allows us to improve the Afghani justice system
Eviatar 12 (Daphne Eviatar Law and Security Program Human Rights First, 1-9, “The Latest Skirmish in Afghanistan: Hate to Say We Told You So”, http://www.humanrightsfirst.org/2012/01/09/the-latest-skirmish-in-afghanistan-hate-to-say-we-told-you-so/)
Responsibility begins with due process. As we wrote in our report in May,
AND
to start providing real justice to the thousands of prisoners in its custody.

 

Judicial action is key to international credibility and restoring the rule of law
Hecht, 05 (Daryl, Judge for the Iowa Court of Appeals, 50
AND
, fundamental human rights, and principles of limited government for doing so.

Only restoring confidence in their judiciary system can make our post-drawdown COIN strategy successful
ICG 10 (International Crisis Group, November 17, “REFORMING AFGHANISTAN’S BROKEN JUDICIARY”, http://www.crisisgroup.org/~/media/Files/asia/south-asia/afghanistan/19520Reforming20Afghanistans20Broken20Judiciary.ashx)
A substantial course correction is needed to restore the  rule of law in Afghanistan.
AND
control of detention facilities is smooth, transparent and adheres to international law.
 

Unsuccessful drawdown makes nuclear war inevitable
Cronin 13 (Audrey Kurth Cronin is Professor of Public Policy at George Mason University and author of How Terrorism Ends and Great Power Politics and the Struggle over Austria. Thinking Long on Afghanistan: Could it be Neutralized? Center for Strategic and International Studies The Washington Quarterly • 36:1 pp. 55_72http:dx.doi.org/10.1080/0163660X.2013.751650)  
With ISAF withdrawal inevitable, a sea change is already underway: the question is
AND
except this time the outcome could be not just terrorism but nuclear war.

Judicial reform and COIN are key to long term stability
The Nation 9 (Nov. 11, 2009, http://www.nation.com.pk/pakistan-news-newspaper-daily-english-online/International/11-Nov-2009/UN-body-urges-Karzai-to-fight-corruption)
UNITED NATIONS - The UN General Assembly has urged the government of re-elected
AND
Equally important was building the civilian institutions at the central and subnational levels.
 

Instability results in multiple conflict scenarios specifically- Indo-Pak war
Carafano ’10 (Con: Obama must win fast in Afghanistan or risk new wars across the globe By JAMES JAY CARAFANO   Saturday, Jan. 2, 2010 James Jay Carafano is a senior research fellow for national security at The Heritage Foundation and directs its Allison Center for Foreign Policy Studies)
There’s little chance Kabul will become Saigon 1968. If the war in Afghanistan starts
AND
a puny EU military force incapable of defending the interests of its nations.
 

Limited Indo-Pak war causes extinction
Toon et al 7 – Atmospheric and Oceanic Sciences @ University of Colorado – ‘
AND
Vol. 315. no. 5816, pp. 1224 – 1225
The world may no longer face a serious threat of global nuclear warfare, but
AND
for full-scale nuclear attacks with high-yield weapons (4). 

Deterrence doesn’t check escalation
Weitz 10 Richard, writes a weekly column on Asia-Pacific strategic and security issues. He is director of the Center for Political-Military Analysis and a Senior Fellow at the Hudson Institute, The Diplomat, South Asia’s Nuclear War Risk
July 12, 2010, http://the-diplomat.com/2010/07/12/south-asiae28099s-nuclear-war-risk/4/?print=yes
Yet even setting aside the question of nuclear weapons falling into terrorist hands, nuclear
AND
is particularly prone to a destabilizing arms race. And perhaps nuclear war.

Contention 2- Abstention
Failure of the Supreme Court to substantively rule on detention authority causes judicial abstention on national security issues
Vaughns 13 (B.A. (Political Science), J.D., University of California, Berkeley, School of Law. Professor of Law, University of Maryland Francis King Carey School of Law.Of Civil Wrongs and Rights: Kiyemba v. Obama and the Meaning of Freedom, Separation of Powers, and the Rule of Law Ten Years After 9/11 ASIAN AMERICAN LAW JOURNAL Volume 20:7)
After being reversed three times in a row in Rasul, Hamdan, and then
AND
external influences on the court that resulted in that feeling of judicial futility.

SCOTUS can restrain the president under authority granted by the Suspension Clause- that ensures precedent setting
Garrett 12 (Brandon, Roy L. and Rosamund Woodruff Morgan Professor of Law, University of Virginia School of Law. HABEAS CORPUS AND DUE PROCESSCORNELL LAW REVIEW Vol. 98:47 page lexis)
The relationship between the Suspension Clause and the Due Process Clause has sweeping implications for
AND
to rely on.34 This Article tries to untangle this important knot.
 

Judicial abstention props up military adventurism and illegal arms sales
Scales and Spitz 12 (Ann Scales, prof at U Denver law school. Laura Spitz, prof at U Colorado Law School. The Jurisprudence of the Military-Industrial ComplexSeattle Journal for Social Justice Volume 1 | Issue 3 Article 51 10-11-2012)
First, our nation’s history and legitimacy rest upon a separation of military power from
AND
—including the use of nuclear weapons—are always on the table.

Presidential adventurism causes nuclear war
Symonds 13 Peter, leading staff writer for the World Socialist Web Site and a member of its International Editorial Board. He has written extensively on Middle Eastern and Asian politics, contributing articles on developments in a wide range of countries, 4-5, “Obama’s “playbook” and the threat of nuclear war in Asia,” http://www.wsws.org/en/articles/2013/04/05/pers-a05.html
The Obama administration has engaged in reckless provocations against North Korea over the past month
AND
bring the US and China head to head in a catastrophic nuclear conflict.

Arms sales increase the probability of regional conflict and leads to US-Russia-China escalation
Klare 13 (Michael Klare is a professor of peace and world security studies at Hampshire College The Booming Global Arms Trade Is Creating a New Cold War http://www.motherjones.com/politics/2013/05/global-arms-trade-new-cold-war)
These are just some examples of recent arms deals (or ones under discussion)
AND

that those who don't learn from history are destined to repeat it?

Risk of accidental exchange between the US and Russia over external crises is still high and risks extinction
Barrett et al. 13 (Anthony M. Barrett- Global Catastrophic Risk Institute, Seth D. Baum- Center for Research on Environmental Decisions, Columbia University, Kelly R. Hostetler- Department of Geography, Pennsylvania State University, 2013, “Analyzing and Reducing the Risks of Inadvertent Nuclear War Between the United States and Russia”, http://sethbaum.com/ac/fc_NuclearWar.pdf)
War involving significant fractions of the U.S. and Russian nuclear arsenals,
AND
likely to misinterpret events as attacks. 60,61,62,63
 

China war causes extinction- even with a swift victory
Wittner 11 (11/30/11 Dr. Lawrence, Prof of History Emeritus at SUNY Albany, “Is a Nuclear War with China Possible?”)
But what would that "victory" entail? An attack with these Chinese nuclear
AND
modernizing" its nuclear weapons and nuclear production facilities over the next decade. 

Contention 3- Geneva Credibility
US human rights promotion inevitable- but the double standard created by Guantanamo prevents that promotion from being credible
Hidayat 8/21 (Syarif- editor of the Mi’raj News Agency, 2013, “GITMO PRISON SHOWS THE US HYPOCRISY AND DOUBLE STANDARDS ON HUMAN RIGHTS”, http://mirajnews.com/en/article/opinion/7121-gitmo-prison-shows-the-us-hypocrisy-and-double-standards-on-human-rights.html)
The double standards of the renowned world preacher of human rights and the hypocrisy of
AND
domestic practices like indefinite detention, poor prison conditions, and racial profiling.¶ 

Applying the conventions to detention policy is key to human rights credibility
Gruber 11 (Aya- Professor of Law, University of Colorado Law School, 1/1, “An Unintended Casualty of the War on Terror”, http://scholarworks.gsu.edu/gsulr/vol27/iss2/12/)
As President Obama inches ever closer to embracing the “twilight zone” model of
AND
fair principle that signed and ratified treaties are the law of the land.
 

Credible human rights frameworks solve conflict escalation
Burke-White 4 (William W., Lecturer in Public and International Affairs and Senior Special Assistant to the Dean, Woodrow Wilson School of Public and International Affairs, Princeton University The Harvard Environmental Law Review Spring, 2004 LN,https://www.law.upenn.edu/cf/faculty/wburkewh/workingpapers/17HarvHumRtsJ249(2004).pdf)
This Article presents a strategic--as opposed to ideological or normative--argument that
AND
U.S.-U.N. cooperation on human rights issues.
 

Independently- restoring US human rights credibility over detention policy is key to increase cooperation necessary to solve terror, human trafficking, and environmental degradation
Wexler 8 (Lesley, Assistant Professor, Florida State University College of Law, “HUMAN RIGHTS IMPACT STATEMENTS: AN IMMIGRATION CASE STUDY,” 22 Geo. Immigr. L.J. 285, Lexis)
Enhancing our reputation for human rights compliance is especially important given current political realities.
AND
rights treaties might enhance our ability to lead and participate in other arenas.
 

Terrorism leads to extinction
Hellman, 08 Martin E. Hellman, emeritus prof of engineering @ Stanford, “Risk Analysis of Nuclear Deterrence” SPRING 2008 THE BENT OF TAU BETA PI, http://www.nuclearrisk.org/paper.pdf
The threat of nuclear terrorism looms much larger in the public’s mind than the threat
AND
and assume that  preventing World War III is a necessity—not an option

Human trafficking destabilizes the Balkans
Kaldor 08 Mary Kaldor is Professor of Global Governance and Director of the Civil Society and Human Security Research Unit at the London School of Economics. The Balkans-Caucasus tangle: states and citizens MARY KALDOR , 9 January 2008 http://www.opendemocracy.net/article/democracy_power/balkans_caucasus_tangle
There is a real risk of spreading destabilisation in the Balkans and the Caucasus.
AND
international agreements, aid programmes and the presence of foreign troops and agencies.

Great power war
Paris ‘2 Roland Paris, Assistant Professor of Political Science and International Affairs at University of Colorado, Political Science Quarterly, Volume 117, Issue 3, Fall, Proquest

Nevertheless, the phrase "powderkeg in the Balkans" would have carried historical significance
AND
conflict, just as it did in World Wars I and II. "
 

Environmental degradation risks extinction
Coyne and Hoekstra 7 (Jerry and Hopi, *professor in the Department of Ecology and Evolution at the University of Chicago AND Associate Professor in the Department of Organismic and Evolutionary Biology at Harvard University, New Republic, “The Greatest Dying,” 9/24, http://www.truthout.org/article/jerry-coyne-and-hopi-e-hoekstra-the-greatest-dying)
But it isn't just the destruction of the rainforests that should trouble us. Healthy
AND
a world in which exotic diseases flourish but natural medicinal cures are lost;

 a world in which carbon waste accumulates while food sources dwindle; a world
AND
just another Great Dying, but perhaps the greatest dying of them all.

Plan

Plan: The United States federal judiciary should restrict the authority of the President of the United States to indefinitely detain without the Third Geneva Conventions Article Five rights.

Contention 4- Solvency
Supreme Court action and application of the convention is key- solves congressional circumvention
Feldman 13 (Noah, professor of Constitutional and International Law at Harvard, “Obama Can Close Guantanamo: Here’s How,” Bloomberg, May 7, 2013, http://www.bloomberg.com/news/2013-05-07/obama-has-leverage-to-get-his-way-on-guantanamo.html)
To deepen the argument beyond executive power, the president is also in charge of
AND
have the authority to force the president to violate the laws of war.

 Yet by blocking Obama from closing Guantanamo, that is just what Congress is doing. What’s more, he has the inherent authority to ensure that we are complying with our treaty obligations.

No executive circumvention
Bradley and Morrison 13 (Curtis, Professor of Law, Duke Law School, and Trevor, Professor of Law, Columbia Law School , “Presidential Power, Historical Practice, And
Legal Constraint” Duke Law Scholarship Repository)  http://scholarship.law.duke.edu/cgi/viewcontent.cgi?article=5451andcontext=faculty_scholarship
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

Lower Court rulings inevitable - they lack cohesion and clarity but trigger the link to the courts DA- ONLY a ruling by the Supreme Court creates necessary clarity
Sparrow 11 (Indefinite Detention After Boumediene: Judicial Trailblazing in Uncharted and Unfamiliar Territory SUFFOLK UNIVERSITY LAW REVIEW Vol. XLIV:261 p lexis Tyler Sparrow is an associate in the Securities Department, and a member of the Litigation and Enforcement Practice Group

This section will argue that the current guidance on detainee habeas corpus actions offered by
AND
, and the reliability of hearsay evidence and statements made under coercion.114

Tournament: Kentucky | Round: 5 | Opponent: UTD MV | Judge: David Heidt
1AC
Abstention
The Supreme Court refuses to enforce statutory restraints on the president- causes judicial abstention from all cases involving national security and creates a preemptive default to presidential expertism
Vaughns 13 (B.A. (Political Science), J.D., University of California, Berkeley, School of Law. Professor of Law, University of Maryland Francis King Carey School of Law.Of Civil Wrongs and Rights: Kiyemba v. Obama and the Meaning of Freedom, Separation of Powers, and the Rule of Law Ten Years After 9/11 ASIAN AMERICAN LAW JOURNAL Volume 20:7)

After being reversed three times in a row in Rasul, Hamdan, and then
AND
external influences on the court that resulted in that feeling of judicial futility.

This reluctance provides the statutory framework for imperialism and the military-industrial complex: defense lobbies use deference as an excuse for widening ties between the military and industries- the result is endless intervention
Scales and Spitz 12 (Ann Scales, prof at U Denver law school. Laura Spitz, prof at U Colorado Law School. The Jurisprudence of the Military-Industrial ComplexSeattle Journal for Social Justice Volume 1 | Issue 3 Article 51 10-11-2012)

First, our nation’s history and legitimacy rest upon a separation of military power from
AND
—including the use of nuclear weapons—are always on the table.

Military supremacy causes endless violence at home and abroad
Bacevich, 5 -- Boston University international relations professor
A. J., retired career officer in the United States Army, former director of Boston University's Center for International Relations (from 1998 to 2005), The New American Militarism: How Americans Are Seduced by War, 2005 accessed 9-4-13, mss

Today as never before in their history Americans are enthralled with military power. The
AND
consider the continued relevance of Madison's warning to our own time and circumstances.
Allowing Obama to use statutory justifications for indefinite detention causes an indefinite police state- short-circuits activism and causes unspeakable acts of torture and violence
Stephen Lendman (Research Associate of the Center for Research on Globalization) July 19, 2013 “US Courts Approve Indefinite Detention and Torture” http://www.mathaba.net/news/?x=633237
Fundamental freedoms are illusory. They're vanishing. They lie in history's dustbin. National
AND
It's unaccountable.  Nonbelievers aren't tolerated. The worst is yet to come. 

Judicial Review is key to preventing torture
Amnesty 5 (Amnesty International USA, Guantanamo, and Beyond: The Continuing Pursuit of Unchecked Executive Power, May 13, 2005, http://web.amnesty.org/library/Index/ENGAMR510632005)
Judicial review of the lawfulness of detentions is a fundamental safeguard against arbitrary detention,
AND
of "necessity" or "self-defence" (see below).

Torture is a deontological evil that must be rejected
Gross 4 (Oren Gross, Professor, Law, University of Minnesota, MINNESOTA LAW REVIEW, June 2004, p. 1492-1493.)
Absolutists - those who believe that an unconditional ban on torture ought to apply without
AND
as a trump or side constraint on welfare maximization in all possible cases." 

Obama has used indefinite detention powers to suppress social justice movements at home and abroad- statutory authority creates a state of exception in regards to detention policy.
Ford 11 (Glen, Black Action Radio. “The Racist Roots of Obama’s Preventative Detention” http://blackagendareport.com/content/racist-roots-obamaE28099s-preventive-detention)

With his claim to the right to kill and indefinitely detain American citizens without charge
AND
of darker people. And that is how they will lose those freedoms. 

Plan

Plan: The United States federal judiciary should restrict the authority of the President of the United States to indefinitely detain without the Third Geneva Conventions Article Five rights.

1AC Solvency
The plan is part of an intersectional battle to combat violations of habeas rights- but engaging the courts are key to prevent unchecked military force and violence
Chris Hedges (senior fellow at The Nation Institute in New York City. He spent nearly two decades as a foreign correspondent in Central America, the Middle East, Africa and the Balkans. He has reported from more than fifty countries, and has worked for The Christian Science Monitor, National Public Radio, The Dallas Morning News, and The New York Times, where he was a foreign correspondent for fifteen years (1990–2005).  In 2002, Hedges was part of the team of reporters at The New York Times awarded the Pulitzer Prize for the paper's coverage of global terrorism. He has taught at Columbia University, New York University, Princeton University and The University of Toronto) February 11, 2013 “The NDAA and the Death of the Democratic State” http://www.truthdig.com/report/page2/the_ndaa_and_the_death_of_the_democratic_state_20130211/
On Wednesday a few hundred activists crowded into the courtroom of the Second Circuit,
AND
. Hedges did not start driving black vans for people we don’t like.” 

the affs introduction of detention to the public consciousness creates effective political movements for change
Cole 12 (David Cole is a Professor of Law, Georgetown University Law Center, “Legal Affairs: Dreyfus, Guantanamo, and the Foundation of the Rule of Law, 29 Touro L. Rev. 43)
Moreover, while district courts exercising habeas corpus jurisdiction initially ruled in favor of the
AND
values of the Constitution, the rule of law, and human rights.
This can only occur by engaging the law
Cole 2011 - Professor, Georgetown University Law Center (Winter, David, “WHERE LIBERTY LIES: CIVIL SOCIETY AND INDIVIDUAL RIGHTS AFTER 9/11,” 57 Wayne L. Rev. 1203, Lexis)

Unlike the majoritarian electoral politics Posner and Vermeule imagine, the work of civil society
AND
litigation's outcome, which in turn contributed to a broader impetus for reform.

Solely acting outside the realm of the law fails to provide a solution- institutions are key
Jenks and Talbot-Jensen 11 (INDEFINITE DETENTION UNDER THE LAWS OF WAR Chris
AND
LAW and POLICY REVIEW Vol. 22:1 Page Lexis)

Those who would deconstruct the law of war as applied to detention stemming from armed
AND
the right balance between the security of the nation and the rights of individuals

Adopting legal tactics are vital for movements that seek to promote the rights of the disempowered

Hair 01
(Penda D Louder than Words:Lawyers, Communities and the Struggle for Justice, http://www.racialequitytools.org/resourcefiles/hair.pdf, Penda D. Hair is Co-Director of the Advancement Project at the Rockafeller Foundation, The many lawyers, clients, community organizations and activists whose visionary work in the field is reflected herein generously shared their time, experiences, lessons and mistakes, as well as triumphs. This is their report. I have tried to be an accurate and thoughtful recorder. Dayna L. Cunningham, Associate Director of the Rockefeller Foundation’s Working Communities Division, conceived this project and brought together the people and the resources to bring it to fruition. Her penetrating ideas on race and lawyering infuse every page of the Report. As important, her strong belief in the project and her incredible determination inspired the author and the advisers, and pushed this work to completion. Susan P. Sturm, Professor of Law, Columbia Law School, and Lani Guinier, Professor of Law, Harvard Law School, were participants from the inception, helping to frame the project, identify case studies and put together the larger group of advisers. Angela Glover Blackwell, then Vice President of the Rockefeller Foundation (now President of PolicyLink, a national organization working to identify, support and promote local policy innovation), played a critical role in initiating and supporting this project and provided many valuable insights. Fifteen advisers guided the development of this report. Coming from national civil rights organizations, local public-interest law centers, universities and foundations, all of the advisers in their separate capacities have been deeply involved in the struggle for justice for many years. Their commitment to this project has been unwavering. )

THE CONTINUING IMPORTANCE OF STRATEGIC LITIGATION Even with judicial cutbacks in legal protections for minorities
AND
1 Public Interest Law Journal, at 169, 185 (1991). 142

Even if the legal sphere is inaccessible, legal education builds community capacity- critical for the struggle towards justice

Hair 01
(Penda D Louder than Words:Lawyers, Communities and the Struggle for Justice, http://www.racialequitytools.org/resourcefiles/hair.pdf, Penda D. Hair is Co-Director of the Advancement Project at the Rockafeller Foundation, The many lawyers, clients, community organizations and activists whose visionary work in the field is reflected herein generously shared their time, experiences, lessons and mistakes, as well as triumphs. This is their report. I have tried to be an accurate and thoughtful recorder. Dayna L. Cunningham, Associate Director of the Rockefeller Foundation’s Working Communities Division, conceived this project and brought together the people and the resources to bring it to fruition. Her penetrating ideas on race and lawyering infuse every page of the Report. As important, her strong belief in the project and her incredible determination inspired the author and the advisers, and pushed this work to completion. Susan P. Sturm, Professor of Law, Columbia Law School, and Lani Guinier, Professor of Law, Harvard Law School, were participants from the inception, helping to frame the project, identify case studies and put together the larger group of advisers. Angela Glover Blackwell, then Vice President of the Rockefeller Foundation (now President of PolicyLink, a national organization working to identify, support and promote local policy innovation), played a critical role in initiating and supporting this project and provided many valuable insights. Fifteen advisers guided the development of this report. Coming from national civil rights organizations, local public-interest law centers, universities and foundations, all of the advisers in their separate capacities have been deeply involved in the struggle for justice for many years. Their commitment to this project has been unwavering. )

Louder Than Words“the full range of problem-solving tasks that lawyers traditionally
AND
in terms of community objectives, rather than in terms of procedural outcomes. 

Third - A NATIONAL focus is valuable – it enhances local efforts by creating a common rallying cry and provides NETWORKS necessary for collaboration – local justice efforts will be ineffective on their own

Hair 01
(Penda D Louder than Words:Lawyers, Communities and the Struggle for Justice, http://www.racialequitytools.org/resourcefiles/hair.pdf, Penda D. Hair is Co-Director of the Advancement Project at the Rockafeller Foundation, The many lawyers, clients, community organizations and activists whose visionary work in the field is reflected herein generously shared their time, experiences, lessons and mistakes, as well as triumphs. This is their report. I have tried to be an accurate and thoughtful recorder. Dayna L. Cunningham, Associate Director of the Rockefeller Foundation’s Working Communities Division, conceived this project and brought together the people and the resources to bring it to fruition. Her penetrating ideas on race and lawyering infuse every page of the Report. As important, her strong belief in the project and her incredible determination inspired the author and the advisers, and pushed this work to completion. Susan P. Sturm, Professor of Law, Columbia Law School, and Lani Guinier, Professor of Law, Harvard Law School, were participants from the inception, helping to frame the project, identify case studies and put together the larger group of advisers. Angela Glover Blackwell, then Vice President of the Rockefeller Foundation (now President of PolicyLink, a national organization working to identify, support and promote local policy innovation), played a critical role in initiating and supporting this project and provided many valuable insights. Fifteen advisers guided the development of this report. Coming from national civil rights organizations, local public-interest law centers, universities and foundations, all of the advisers in their separate capacities have been deeply involved in the struggle for justice for many years. Their commitment to this project has been unwavering. )

However, local justice work is built on a scaffolding of racial-justice laws
AND
settlements such as the MTA case would not be possible in the future.

Tournament: Navy | Round: 4 | Opponent: Kentucky GV | Judge: Picardi
SCOTUS has to lead
Gruber, 11
(Law Prof-University of Colorado, “An Unintended Casualty of the War on Terror,” 27 Ga. St. U.L. Rev. 299)

As the dust of the Bush administration's war on terror settles, casualties are starting
AND
Hamdan's approach to the Geneva Conventions harmful to the Supreme Court's international reputation?

Links to the net-benefit
Howell 5 (William G. Howell, Associate Prof Gov Dep @ Harvard 2005 (Unilateral Powers: A Brief  Overview; Presidential Studies Quarterly, Vol. 35, Issue: 3, Pg 417)
Plainly, presidents cannot institute every aspect of their policy agenda by decree. The
AND
imposed increasing numbers of restrictions on how the money is to be spent.

Tournament: GSU | Round: 7 | Opponent: Emory KM | Judge: Jonathan Paul
CP doesn’t solve and links to the net-benefit- Congressional statues would be reviewed by the Supreme Court, but wouldn’t be effective and would take years to solidify
Eviatar 10 (Daphne- Senior Associate in Human Rights First’s Law and Security Program, June 10, “Judges to Congress: Donand#39;t Legislate Indefinite Detention”, http://www.huffingtonpost.com/daphne-eviatar/judges-to-congress-dont-l_b_607801.html)
For months now, certain commentators and legislators have been arguing that Congress needs to
AND
they say theyand#39;re after: a clear and reliable statement of the law.

Only SCOTUS action revitalizes the rule of law
Pearlstein 3 (Deborah N.- Deputy Director of the U.S. Law and Security Program at the Lawyers Committee for Human Rights, and a Visiting Fellow at the Stanford University Center for Democracy, Development and the Rule of Law, , “The Role of the Courts in Protecting Civil Liberties and Human Rights for the Post-9/11 United States”, 2nd Pugwash Workshop on Terrorism: External and Domestic Consequences of the War on Terrorism, http://www.pugwash.org/reports/nw/terrorism2003-pearlstein.htm)
In each of the historical examples just given, the judiciary ultimately played a critical
AND
interned during World War II as a result of the military exclusion order.

Tournament: GSU | Round: 1 | Opponent: Missouri State BR | Judge: Austin Woodruff
SCOTUS would have to review the CP- either the CP links to the net-benefit, or the CP is struck down and doesn’t solve- durable fiat only applies to the agency taking action
Howell 5 (William G. Howell, Associate Prof Gov Dep @ Harvard 2005 (Unilateral Powers: A Brief¶ Overview; Presidential Studies Quarterly, Vol. 35, Issue: 3, Pg 417)
Plainly, presidents cannot institute every aspect of their policy agenda by decree. The
AND
imposed increasing numbers of restrictions on how the money is to be spent.

CP doesn’t solve- legal certainty is key
Guiora 12 (Professor of Law, S.J. Quinney College of Law, University of Utah; author of Freedom from Religion: Rights and National Security (2009). DUE PROCESS AND COUNTERTERRORISM EMORY INTERNATIONAL LAW REVIEW Vol. 26 pg Lexis Nexis

While President Obama signed an Executive Order ordering the closure of the Guantanamo Bay detention
AND
law and law of war paradigms—best described as a hybrid paradigm.

The possibility of future presidential rollback magnifies the deficits
Friedersdorf 13 (CONOR FRIEDERSDORF, staff writer, “Does Obama Really Believe He Can Limit the Next Presidentand#39;s Power?” MAY 28 2013, http://www.theatlantic.com/politics/archive/2013/05/does-obama-really-believe-he-can-limit-the-next-presidents-power/276279/, KB)
Obama doesnand#39;t seem to realize that his legacy wonand#39;t be shaped by any perspicacious limits
AND
he or she can do it, in secret, per his precedent.

Turn- SOP- Judicial action on detention policy is key to preserve it
Eric A. Tirschwell, J.D., attorney at Kramer, Levin, NAFTALIS and FRANKEL LLP, et al., April 2009.
JAMAL KIYEMBA, et al., Petitioners, v. BARACK H. OBAMA, et al., Respondents. ON PETITION FOR WRIT OF CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA CIRCUIT PETITION FOR WRIT OF CERTIORARI 

In a constitutional sense, the President’s discretionary release of a prisoner is no different
AND
, and located  entirely and completely within the discretion of the  jailer himself.  

Breakdown of SOP leads to foreign conflicts.
Paul, prof of law UConn, 1998
(Joel R. Paul, Prof of law @ UConn, July 1998, “The Geopolitical Constitution: Executive Expediency and Executive Agreements”
86 Calif. L. Rev. 671)
The Constitution and#34;diffuses power...to secure liberty.and#34; n27 Constitutional checks and balances
AND
and exposed foreign policy-making to and#34;captureand#34; by foreign governments.

(if politics=NB) Congress will backlash to the aff by holding up negotiations
Risen ’04 (Clay, Assistant Editor – New Republic, The American Prospect, Aug, Lexis)
Congress provides an additional, if somewhat less effective, check on executive orders.
AND
one issue will respond by limiting other things you want,and#34; says Mayer.

Tournament: Vanderbilt | Round: Octas | Opponent: Emory LL | Judge: Waldinger, Hart, Mathis
SCOTUS should apply the conventions to statutory authorization for detention
Riley 11 (Katherine is a Staff Writer for the Boston College International and Comparative Law¶ Review, 2011, ““INAPPOSITE” AND “AMORPHOUS”: THE¶ D.C. CIRCUIT’S REJECTION OF¶ INTERNATIONAL LAW”, http://www.bc.edu/content/dam/files/schools/law/lawreviews/journals/bciclr/34_esupp/08_riley.pdf)
The D.C. Circuit’s unilateral rejection of international laws of war¶ as
AND
when analyzing the statutory authorization for¶ such detention and detention review.102

Tournament: Navy | Round: 1 | Opponent: USMA BS | Judge: DJ Spiker
Should doesn’t mean unconditional
Atlas Collaboration 99 ATD, Jan. 24, http://rd13doc.cern.ch/Atlas/DaqSoft/sde/inspect/shall.html
'shall' describes something that is mandatory. If a requirement uses 'shall', then that
AND
a 'shall', or can be discarded entirely, so much the better.

“Resolved” is a formal resolution made by a deliberative body --- means it’s just a formality the topic committee sustains from year to year
American Heritage Dictionary 2k
Resolved – v.  A formal resolution made by a deliberative body.

Has to be codified to solve
Gregory Shaffer 11, Professor of Law, University of Minnesota Law School, and Mark Pollack, Professor of Political Science and Jean Monnet Chair, Temple University., Sept, ARTICLE: HARD VERSUS SOFT LAW IN INTERNATIONAL SECURITY, 52 B.C. L. Rev 1147
To effect specific policy goals, state and private actors increasingly turn to legal instruments
AND
are great but the potential for opportunism and its costs are high." n85

CP tips the balance too far and collapses CMR --- the military should take an active role over tactical decisions, not broad political ones
Desch 7 (Michael C., Professor and Robert M. Gates Chair in Intelligence and National Security Decision-making at the George H. W. Bush School of Government and Public Service – Texas AandM University, “Bush and the Generals”, Foreign Affairs, May/June, Lexis)
Defense Secretary Gates now faces a doubly difficult situation: little real progress has been
AND
off-kilter in either direction, the country suffers as a result.

Tournament: GSU | Round: 6 | Opponent: Northwestern MP | Judge: John Nagy
Here’s evidence to support that- even Obama would ignore it
Posner 11  - Kirkland and Ellis Professor, University of Chicago Law School (Eric A. Posner, “Deference To The Executive In The United States After September 11: Congress, The Courts, And The Office Of Legal Counsel”, http://www.harvard-jlpp.com/wp-content/uploads/2012/01/PosnerFinal.pdf) 

In the early years of the Bush Administration, the Office of Legal Counsel (
AND
relying in part on contrary advice offered by other officials in the government.
These two events neatly encapsulate the dilemma for the OLC, and indeed all the
AND
him for adverse reactions from the courts, Congress, and the public.
Many scholars, most notably Professor Jack Goldsmith, argue that the OLC can constrain
AND
It is more accurate to say that the OLC enables rather than constrains. 

SCOTUS would have to review the CP- either the CP links to the net-benefit, or the CP is struck down and doesn’t solve- durable fiat only applies to the agency taking action
Howell 5 (William G. Howell, Associate Prof Gov Dep @ Harvard 2005 (Unilateral Powers: A Brief¶ Overview; Presidential Studies Quarterly, Vol. 35, Issue: 3, Pg 417)
Plainly, presidents cannot institute every aspect of their policy agenda by decree. The
AND
imposed increasing numbers of restrictions on how the money is to be spent.

OLC has to be neutral- the link to politics proves the CP guts solvency and prevents their shielding arguments
Posner 11  - Kirkland and Ellis Professor, University of Chicago Law School (Eric A. Posner, “Deference To The Executive In The United States After September 11: Congress, The Courts, And The Office Of Legal Counsel”, http://www.harvard-jlpp.com/wp-content/uploads/2012/01/PosnerFinal.pdf) 

A question naturally arises about the OLC’s incentives. I have assumed that the OLC
AND
will be ignored. In no circumstance could it be a constraint. 53  

Turn- SOP- Judicial action on detention policy is key to preserve it
Eric A. Tirschwell, J.D., attorney at Kramer, Levin, NAFTALIS and FRANKEL LLP, et al., April 2009.
JAMAL KIYEMBA, et al., Petitioners, v. BARACK H. OBAMA, et al., Respondents. ON PETITION FOR WRIT OF CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA CIRCUIT PETITION FOR WRIT OF CERTIORARI 

In a constitutional sense, the President’s discretionary release of a prisoner is no different
AND
, and located  entirely and completely within the discretion of the  jailer himself.  

Breakdown of SOP leads to foreign conflicts.
Paul, prof of law UConn, 1998
(Joel R. Paul, Prof of law @ UConn, July 1998, “The Geopolitical Constitution: Executive Expediency and Executive Agreements”
86 Calif. L. Rev. 671)
The Constitution "diffuses power...to secure liberty." n27 Constitutional checks and balances
AND
and exposed foreign policy-making to "capture" by foreign governments.

Only SCOTUS action revitalizes the rule of law
Pearlstein 3 (Deborah N.- Deputy Director of the U.S. Law and Security Program at the Lawyers Committee for Human Rights, and a Visiting Fellow at the Stanford University Center for Democracy, Development and the Rule of Law, , “The Role of the Courts in Protecting Civil Liberties and Human Rights for the Post-9/11 United States”, 2nd Pugwash Workshop on Terrorism: External and Domestic Consequences of the War on Terrorism, http://www.pugwash.org/reports/nw/terrorism2003-pearlstein.htm)
In each of the historical examples just given, the judiciary ultimately played a critical
AND
interned during World War II as a result of the military exclusion order.

Strong rule of law prevents war- judicial restoration is key
Ken Kersch ‘6 (8/8/2006 The Supreme Court And International Relations Theory, Kersch* Assistant Professor of Politics, Princeton University)
Liberal theories of international relations hold that international peace and prosperity are advanced to the
AND
how to integrate the domestic constitutional order with the emerging international one.77

Rule of law deficits from detention policies kills US-Russia engagement- makes authoritarian crackdowns inevitable
Sarah E. Mendelson 9 is director, Human Rights and Security Initiative, CSIS. "U.S.-Russian Relations and the Democracy and Rule of Law Deficit" tcf.org/assets/downloads/tcf-russiarelations.pdf, DOA: 7-23-13, y2k
Since the collapse of the Soviet Union in 1991, every U.S.
AND
values and undercutting (yet again) U.S. soft power.

US-Russia engagement is critical to prevent extinction
Allison and Blackwill 11 (Graham, Director – Belfer Center for Science and International Affairs at Harvard’s Kennedy School, and Former Assistant Secretary of Defense, and Robert D. Blackwill, Senior Fellow – Council on Foreign Relations, “10 Reasons Why Russia Still Matters”, Politico, 2011, http://dyn.politico.com/printstory.cfm?uuid=161EF282-72F9-4D48-8B9C-C5B3396CA0E6)
That central point is that Russia matters a great deal to a U.S
AND
missiles to Tehran to joining China in preventing U.N. Security Council

Tournament: Kentucky | Round: 2 | Opponent: Georgetown EM | Judge: Peter Susko
The DA doesn’t turn the aff
Aaronson and Johnson ‘13 Sir Michael Aaronson is a Professorial Research Fellow and Executive Director ¶ of cii – the Centre for International Intervention – at the University of Surrey. ¶ His previous career was in the UK Diplomatic Service and subsequently ¶ at Save the Children, where he was chief executive from 1995–2005. He ¶ is also Chairman of Frimley Park Hospital and a Director of Oxford Policy ¶ Management, and Adrian Johnson is Director of Publications at RUSI, the book reviews editor ¶ for the RUSI Journal, and chair of the RUSI Editorial Board. His research ¶ focuses on intervention, post-conflict security and British defence policy, “Hitting the Target? How New Capabilities are Shaping International Intervention,” http://www.rusi.org/downloads/assets/WHR_2-13_Hitting_the_Target.pdf#page=89

Unintended detrimental consequences of intervention – ‘blowback’– are  by no means a new
AND
, outlined in this report, to the ¶ strategic conduct of intervention.

No link uniqueness- we use drones when capturing is impossible now- and there wouldn’t be a shift
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, "Examining the Evidence of a Detention-Drone Strike Tradeoff", October 17, www.lawfareblog.com/2011/10/examining-the-evidence-of-a-detention-drone-strike-tradeoff/)
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.

Tournament: GSU | Round: 1 | Opponent: Missouri State BR | Judge: Austin Woodruff
2AC Hegemony Impact
The plan’s alliance building solves the heg impact- also solves energy insecurity
Ikenberry, 11 (Professor of Politics and International Affairs at Princeton University, “A World of Our Making,” Spring,http://www.democracyjournal.org/20/a-world-of-our-making.php?page=all)
Grand strategy is a set of coordinated and sustained policies designed to address the long
AND
its networks of social relations, that are available for solving collective problems.

Energy insecurity escalates
European Council, 08 (Paper from the High Representative and the European Commission to the European Council, “Climate Change and International Security”, 3/14/08, http://www.consilium.europa.eu/ueDocs/cms_data/docs/pressdata/EN/reports/99387.pdf)
One of the most significant potential conflicts over resources arises from intensified competition over access
AND
due to the effects of climate change, the scramble for resources will intensify

Plan key to US international legitimacy- that’s Gruber- that outweighs their internal link to hegemony
Finnemore 9 (Martha- professor of political science and international affairs at George Washington University, January 2009, “Legitimacy, Hypocrisy, and the Social Structure of Unipolarity: Why Being a Unipole Isn’t All It’s Cracked Up to Be,” World Politics, Volume 61, Number 1)
Legitimacy is, by its nature, a social and relational phenomenon. One’s position
AND
an expensive system to run and few unipoles have tried to do so.

U.S. primacy isn’t key to peace—their data is flawed
Preble, 10 – Director of Foreign Policy Studies at CATO (Christopher, 8/3/10, “U.S. Military Power: Preeminence for What Purpose?”, http://www.cato-at-liberty.org/u-s-military-power-preeminence-for-what-purpose/)
Most in Washington still embraces the notion that America is, and forever will be
AND
States while the schlubs in fly-over country pick up the tab.

1AR
No threat to America and institutions solve material decline
Cohen and Zenko 12 *Micah Zenko is a Fellow in the Center for Preventive Action at the Council on Foreign Relations. Michael A. Cohen is a Fellow at the Century Foundation March/April 2012, Clear and Present Safety: The United States Is More Secure Than Washington Thinks, Foreign Affairs
Last August, the Republican presidential contender Mitt Romney performed what has become a quadrennial
AND
other countries share the burden of maintaining global peace and security. International institutions

such as the un (and its a/liated agencies, such as the
AND
national security strategy and an approach to foreign policy that reflect that reality.. 

Nuke prim
No scenario for losing deterrence
Kristensen ‘12 -- FAS nuclear weapons expert Hans, and#34;DOD: Strategic Stability Not Threatened Even by Greater Russian Nuclear Forces,and#34; FAS, 10-10-12, www.fas.org/blog/ssp/2012/10/strategicstability.php, accessed 1-27-13, mss

DOD: Strategic Stability Not Threatened Even by Greater Russian Nuclear Forces A Department of
AND
submarines are at sea to provide the basic deterrence that underpins strategic stability.

Tournament: GSU | Round: 1 | Opponent: Missouri State BR | Judge: Austin Woodruff
Checks on the Presidents power solves deterrence better- makes our threats credible
Waxman 13 (Matthew C-  Professor of Law at Columbia Law School; Adjunct Senior Fellow for Law and Foreign Policy, Council on Foreign Relations, “The Constitutional Power to Threaten War”, Forthcoming in Yale Law Journal, vol. 123 (2014), 8/25/2013, PDF)
A second argument, this one advanced by some congressionalists, is that stronger legislative
AND
by pointing foreign actors to the appropriate institution or process for reading them.

conngress already has taken away Obama’s control of detention
Janet Cooper Alexander 13, professor of law at Stanford University, March 21st, 2013, and#34;The Law-Free Zone and Back Again,and#34; Illinois Law Review, illinoislawreview.org/wp-content/ilr-content/articles/2013/2/Alexander.pdf
Congress also passed legislation requiring suspected members of al- Qaeda or “associated forces
AND
rights, the D.C. Circuit has since rendered those protections toothless

Tournament: Vanderbilt | Round: 2 | Opponent: Georgia Tech JS | Judge: Kyle Robisch
2AC
No uniqueness- ATS cases will be heard now, and they will win
Anderson 9/23 (Kenneth- Professor of Law, Washington College of Law at American University, 2013, “Kiobel v. Royal Dutch Petroleum:  The Alien Tort Statute’s Jurisdictional  Universalism in Retreat”, pdf- accessed via CATO)
Moreover, it bears observing one last time that both the Breyer and  Roberts opinions
AND
for why  any particular national court should or should not hear a case.

D’Amore says activism results in ATS cases being heard- that’s inevitable
Keck 10 - graduated cum laude with a BA from the George Washington University and received his MBA with high honors from the University of Chicago Booth School of Business ( The most activist supreme court in history the road to modern judicial conservatism / Thomas M. Keck. book)

The nation’s ever-firmer commitment to rights-based activism, in turn,
AND
willing to engage in this activism to serve a variety of constitutional ends. 

O’Connor’s and Kennedy’s decisions to extend meaningful scrutiny to laws that restrict reproductive rights or discriminate against gays and lesbians would have proven much more difficult had judicial restraint survived as the principal ideal of constitutional conservatism.

Decline doesn’t cause war
Robert Jervis 11, Professor in the Department of Political Science and School of International and Public Affairs at Columbia University, December 2011, “Force in Our Times,” Survival, Vol. 25, No. 4, p. 403-425
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.

Credible rule of law promotion is modelled by Latin America and is key to economic growth and stability
Cooper, 08 (James, Institute Professor of Law and an Assistant Dean at California Western School of Law, "COMPETING LEGAL CULTURES AND LEGAL REFORM: THE BATTLE OF CHILE," 29 Mich. J. Int'l L. 501, lexis)
The legal transplantation process involves, by its very nature, the adoption of,
AND
, merely a slot machine for justice that applies the various codes. n85

Latin American growth key to US growth
Zehnbacht ’12 November 13, 2012. Gil Zehnbacht is a Search Engine Marketing Expert at ProTradingIndicators. “Will Latin America be the Next Engine for Global Economic Growth?” ProTradingIndicators. http://www.protradingindicators.com/news-market-analysis/will-latin-america-be-the-next-engine-for-global-economic-growth
But Brazil will not be the only Latin American country working to take economic growth
AND
be crucial for leading economic demand around the world in the years ahead.

Latin American instability goes global
Rochin 94 – Professor of Political Science
(James, Professor of Political Science at Okanagan University College, Discovering the Americas: the evolution of Canadian foreign policy towards Latin America, pp. 130-131)
While there were economic motivations for Canadian policy in Central America, security considerations were
AND
, such as Contadora, as will be discussed in the next chapter.

1AR
Royal agrees with us—economic declines dis-incentivize costly saber-rattling—this is from the page after your card
Royal, your author, 10—director of Cooperative Threat Reduction at the U.S. Department of Defense (Jedediah, “Economic Integration, Economic Signaling and the Problem of Economic Crises”, published in Economics of War and Peace: Economic, Legal and Political Perspectives, ed. Goldsmith and Brauer, p. 217, google books, AL) 

There is, however, another trend at play. Economic crises tend to fragment
AND
and they are needed most' (Schweller, 2006, p. 130). 

Empirics and studies are conclusive – resource wars don’t happen
Salehyan 07 Idean Salehyan Professor of Political Science at the University of North Texas. “The New Myth About Climate Change Corrupt, tyrannical governments—not changes in the Earth’s climate—will be to blame for the coming resource wars.” By Idean Salehyan | August 14, 2007 http://www.foreignpolicy.com/articles/2007/08/13/the_new_myth_about_climate_change
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.

Tournament: Navy | Round: 1 | Opponent: USMA BS | Judge: DJ Spiker
CMR will never collapse
Andrew Exum 12 is a senior fellow at the Center for a New American Security and teaches a course in low-intensity conflict at Columbia University's School of International and Public Affairs, Abu Muqawama: No Crisis in Wartime U.S. Civil-Military Relations, July 4, 2012, http://www.worldpoliticsreview.com/articles/12126/abu-muqawama-no-crisis-in-wartime-u-s-civil-military-relations)
Last week, I noted one of the ironies of the U.S.
AND
that he undeniably escalated twice, in both March and December of 2009.

The abstention advantage link turns the DA
Mazur 10 (Diane, Professor of Law, University of Florida Levin College of Law, "A More Perfect Military: How the Constitution Can Make Our Military Stronger" Oxford University Press, Print)

One of the ways the doctrine of judicial deference has left a scar on civil
AND
judicial deference—so we can all feel better about making military decisions.

CMR decline inevitable – internal distrust and censoring
Peter Feaver (writer for Foreign Policy) January 17, 2014 “If You Don't Want Generals to Speak Out, You Must Speak Up”  http://shadow.foreignpolicy.com/posts/2014/01/17/if_you_dont_want_generals_to_speak_out_you_must_speak_up
 Do senior military officers speak out too much when they disagree with the policies
AND
, by itself, would have contributed to healthier civil-military relations. 

Afghanistan and Iraq disprove the link- no threshold for collapse
Desch 10 - professor of political science at the University of Notre Dame (Michael, “Why have the wars in Iraq and Afghanistan been so corrosive of civil-military relations?” Foreign Policy, http://walt.foreignpolicy.com/posts/2010/10/17/why_have_the_wars_in_iraq_and_afghanistan_been_so_corrosive_of-civil_military_relations)
Low-intensity conflict between the Obama administration and the key elements of the U
AND
all but inevitable in them because both wars involve substantial counterinsurgency (COIN) 

hand nation-building operations. In his classic book The Soldier and the State
AND
political conflict as yet another cost of Obama's (and Bush's) wars.

Tournament: Districts | Round: 1 | Opponent: Georgia State NS | Judge: Patrick Waldinger
Chinese soft power is unsustainable- countries will limit dependence
Bremmer 11-27-13 Ian Bremmer, PhD in political science from Stanford, president and founder of Eurasia Group, the leading global political risk research and consulting firm, global research professor at New York University, “China’s Limited Influence,” http://www.nytimes.com/2013/11/28/opinion/chinas-limited-influence.html

Even in America, just 47 percent told Pew they believe the United States will
AND
China nor anyone else appears ready and able to fill America’s superpower shoes.

China won’t treat power as zero-sum
Ji ’13 You, Associate Professor at UNSW Australia, Reader in the School of Social Sciences at the University of New South Wales, “PLA Transformation and Global Power Shift,” 10-6-13, http://blogs.nottingham.ac.uk/chinapolicyinstitute/2013/10/06/pla-transformation-and-global-power-shift/

This trend may have pointed to a potential outcome in international politics in the coming
AND
cause for war either. Let us hope this is the historical destiny.

Nobody thinks china is credible on human rights- ZERO TRADE OFF
Huang ‘13 Chin-Hao Huang, Ph.D. Candidate and a Russell Endowed Fellow in the Political Science and International Relations (POIR) Program at the University of Southern California (USC). Until 2009, he was a researcher at the Stockholm International Peace Research Institute (SIPRI) in Sweden. He specializes in international security and comparative politics, especially with regard to China and Asia, and he has testified before the Congressional U.S.-China Economic and Security Review Commission on Chinese foreign and security policy, “China’s Soft Power in East Asia: A Quest for Status and Influence?” http://dornsife.usc.edu/assets/sites/451/docs/Huang_FINAL_China_Soft_Power_and_Status.pdf

More notably, in an article published in an internally circulated foreign affairs journal,
AND
that the PRC’s appalling domestic policies are not reflected in its actions abroad.

Tournament: GSU | Round: 7 | Opponent: Emory KM | Judge: Jonathan Paul
Congress canand#39;t violate I-law post plan
Kundmueller 2002  Michelle, Journal of Legislation, p. lexis
This section of this Note, on the legal authority of customary international law vis
AND
spectrum of outcomes and the legal and political issues yet to be determined.

Your evidence doesn’t apply to our mechanism- circumvention happened before because rulings weren’t explicit restrictions
Bradely 10 (Curtis is the William Van Alstyne Professor of Law, Professor of Public Policy Studies, and Senior Associate Dean for Faculty and Research at the Duke University School of Law, “CLEAR STATEMENT RULES AND¶ EXECUTIVE WAR POWERS”, http://www.harvard-jlpp.com/wp-content/uploads/2010/01/bradley.pdf)
The Court’s decision in Boumediene v. Bush4 might seem an¶ aberration in this
AND
the courts than about prohibiting the executive from¶ exercising statutorily conferred authority.

Combining statutory and judicial restrictions effectively limits the executive
Aziz Z. Huq 12, Assistant Professor of Law, University of Chicago Law School, and#34;Binding the Executive (by Law or by Politics)and#34;, May 25, www.law.uchicago.edu/files/file/400-ah-binding.pdf
There is some merit to this story. But in my view it again understates
AND
account of executive discretion that omits law and legal institutions will be incomplete .

Legitimacy is tanked already
Rosen 12 (Jeffrey – Legal Affairs Editor at New Republic, “The Supreme Court Has a Legitimacy Crisis, But Not For the Reason You Think “, 2012, http://www.tnr.com/article/politics/103987/the-supreme-court-has-legitimacy-crisis-not-the-reason-you-think)
Last week, a New York Times/CBS poll found that only 44 percent
AND
led to a statistically significant decline in approval among Democrats as a whole. 

Comstock is sufficiently distinct – not applied to the aff
Columbia Law National Security Blog (citing an anonymous Harvard Law school graduate) 2010 “Comstock Case Augments Federal Detention Authority” http://blogs.law.columbia.edu/nsls/2010/05/19/comstock-case-augments-federal-detention-authority/
Over at Slate, Dahlia Lithwick worries that a likely consequence of this view of
AND
she does not elaborate on her and#34;worriesand#34; about this power.  

Their impact evidence is alarmist and false
Kaleita ‘7 (Amy, PhD, Assistant Professor of Agricultural and Biosystems Engineering @ IA State, “Hysteria’s History: Environmental Alarmism in Context,” http://www.pacificresearch.org/docLib/20070920_Hysteria_History.pdf, 2007)

Apocalyptic stories about the irreparable, catastrophic damage that humans are doing to the natural
AND
real problem exists, solutions should be based on reality, not hysteria.

Tournament: GSU | Round: 6 | Opponent: Northwestern MP | Judge: John Nagy
The plan’s alliance building solves every 1NC impact
Ikenberry, 11 (Professor of Politics and International Affairs at Princeton University, “A World of Our Making,” Spring,http://www.democracyjournal.org/20/a-world-of-our-making.php?page=all)
Grand strategy is a set of coordinated and sustained policies designed to address the long
AND
its networks of social relations, that are available for solving collective problems.

Kennedy won’t uphold Schuette ban – he’ll vote on precedent.
Smith, Law Professor at Suffolk University, 6-24
Robert, “Supreme Court Decision and#34;Did Nothing to … Clarify Constitutional Issues Surrounding Affirmative Action”’, Suffolk University News, 6-24-13,
http://www.suffolk.edu/news/17966.php#.UeARsUFvP_m, RSR
“If the Supreme Court were to reverse the lower court in Schuette and rule
AND
affirmative action, much as he has done in prior affirmative action decisions.”

The court will rule on all of the things
Pieklo 9/17 (Jessica Mason Pieklo, Senior Legal Analyst, RH Reality Check. “6 Supreme Court Cases to Watch This Term” http://rhrealitycheck.org/article/2013/09/17/six-supreme-court-cases-to-watch-this-term/)

The United States Supreme Court term begins in October, and while the entire docket
AND
the reach and effect of the greatest achievements of the civil rights movement.

Tournament: GSU | Round: 4 | Opponent: Houston AA | Judge: Nate Cohn
No court stripping
Gibson 12 (James L. Gibson, Sidney W. Souers Professor of Government (Department of Political Science), Professor of African and African-American Studies, and Director of the Program on Citizenship and Democratic Values (Weidenbaum Center on the Economy, Government, and Public Policy) at Washington University in St. Louis; and Fellow at the Centre for Comparative and International Politics and Professor Extraordinary in Political Science at Stellenbosch University (South Africa), 7/15/12, “Public Reverence for the United States Supreme Court: Is the Court Invincible?”, http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2107587)

Some threats to the legitimacy of the Supreme Court do exist. Some members of
AND
such proposals by gadflies have any degree of support among the American people.

The court will rule on all of the things
Pieklo 9/17 (Jessica Mason Pieklo, Senior Legal Analyst, RH Reality Check. “6 Supreme Court Cases to Watch This Term” http://rhrealitycheck.org/article/2013/09/17/six-supreme-court-cases-to-watch-this-term/)

The United States Supreme Court term begins in October, and while the entire docket
AND
the reach and effect of the greatest achievements of the civil rights movement. 

Hedges appeal coming out- the court will rule on INDEFINITE DETENTION
RT 9/3 (Supreme Court to rule on fate of indefinite detention for Americans under NDAA http://rt.com/usa/ndaa-scotus-hedges-suit-359/)

The United States Supreme Court is being asked to hear a federal lawsuit challenging the
AND
and defended adamantly by his administration in federal court in the years since. 

No legitimacy is tanked already
Rosen 12 (Jeffrey – Legal Affairs Editor at New Republic, “The Supreme Court Has a Legitimacy Crisis, But Not For the Reason You Think “, 2012, http://www.tnr.com/article/politics/103987/the-supreme-court-has-legitimacy-crisis-not-the-reason-you-think)
Last week, a New York Times/CBS poll found that only 44 percent
AND
led to a statistically significant decline in approval among Democrats as a whole. 

Ruling on human rights prevents stripping
Soohoo and Stolz, ’08 Cynthia Soohoo* and Suzanne Stolz Director, U.S. Legal Program, Center for Reproductive Rights  Staff Attorney, U.S. Legal Program ‘8, Center for Reproductive Rights 2008 Fordham Law Review Fordham Law Review  November, 2008  77 Fordham L. Rev. 45
A recent poll conducted by The Opportunity Agenda indicates that most Americans identify with human
AND
interest lawyers and activists are integrating human rights strategies into their work. n4

Tournament: GSU | Round: 1 | Opponent: Missouri State BR | Judge: Austin Woodruff
Decline doesn’t cause war
Robert Jervis 11, Professor in the Department of Political Science and School of International and Public Affairs at Columbia University, December 2011, “Force in Our Times,” Survival, Vol. 25, No. 4, p. 403-425
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.

Detention collapses US-EU relations
Smith 7 (JULIANNE, DIRECTOR AND SENIOR   FELLOW, EUROPE PROGRAM, CENTER FOR STRATEGIC AND   INTERNATIONAL STUDIES, April 17, “EXTRAORDINARY RENDITION IN U.S.  COUNTERTERRORISM POLICY: THE IMPACT ON  TRANSATLANTIC RELATIONS”, http://archives.republicans.foreignaffairs.house.gov/110/34712.pdf)
As a European analyst, who spends a considerable amount of   time in Europe meeting
AND
we share is currently played with   mistrust and divisions over strategy and tactics.

That makes economic collapse inevitable
Harding ‘2 (Gareth Harding, Europe Correspondent for United Press International, United Press International, Lexis, August 7, 2002)
Despite their differences, EU and U.S. leaders know that a breakdown
AND
and forming the cornerstone of the worldand#39;s most powerful military alliance, NATO.

Relations are key to solve nuclear war
Brzezinski ‘3 (Zbigniew Brzezinski, former national security advisor to the president, “Hegemonic quicksand,” National Interest Winter, 2003)

FOR THE next several decades, the most volatile and dangerous region of the world
AND
as a returning colonialist bent on consolidating or regaining its special economic interests.
Courts shield
Whittington 5 Keith E., Cromwell Professor of Politics – Princeton University, ““Interpose Your Friendly Hand”: Political Supports for the Exercise of Judicial Review by the United States Supreme Court”, American Political Science Review, 99(4), November, p. 585, 591-592
There are some issues that politicians cannot easily handle. For individual legislators, their
AND
action that political leaders want taken, as illustrated in the following case. 

The Senate version won’t pass the House – Boehner can’t wrangle the tea party
The New Repulic 9/19/13 (Noam Scheiber, Senior Edtior, and#34;Obama May Yet Bail Boehner Out on the Budget. That Would be a Historic Mistakeand#34
To see this, you have to understand the psychology of the average House Tea
AND
Partiers will see it as the latest in a long history of capitulations.

Obama broke the political bank on Syria
Tapper and Pham 9/12, Jake Tapper and Sherisse Pham, CNN writers “Has Obama paid political price for Syria?” 9/12, http://thelead.blogs.cnn.com/2013/09/12/has-obama-paid-political-price-for-syria/
Political capital does not come cheap in Washington, D.C. After weeks
AND
Israel helped get elected in the last cycle, are against the president.

PC is low and ineffectual for debt talks- Federal Reserve nominee proves
Rodgers 9/17 (Ed- Ed Rogers is a contributor to the PostPartisan blog, 2013, “The Insiders: Stubborn facts and bothersome polls”, http://www.washingtonpost.com/blogs/post-partisan/wp/2013/09/17/the-insiders-stubborn-facts-and-bothersome-polls/)
Obama was also dealt an embarrassing blow this week as Larry Summers withdrew his name
AND
take a leadership role in the looming debt ceiling and budget battles.  ?

PC is low and ineffectual for debt talks- Federal Reserve nominee proves
Rodgers 9/17 (Ed- Ed Rogers is a contributor to the PostPartisan blog, 2013, “The Insiders: Stubborn facts and bothersome polls”, http://www.washingtonpost.com/blogs/post-partisan/wp/2013/09/17/the-insiders-stubborn-facts-and-bothersome-polls/)
Obama was also dealt an embarrassing blow this week as Larry Summers withdrew his name
AND
take a leadership role in the looming debt ceiling and budget battles.  ?

Issues are compartmentalized
Dickinson 9 – professor of political science at Middlebury College and taught previously at Harvard University where he worked under the supervision of presidential scholar Richard Neustadt (5/26/09, Matthew, Presidential Power: A NonPartisan Analysis of Presidential Politics, “Sotomayor, Obama and Presidential Power,” http://blogs.middlebury.edu/presidentialpower/2009/05/26/sotamayor-obama-and-presidential-power/)
As for Sotomayor, from here the path toward almost certain confirmation goes as follows
AND
find it very hard to believe she will not be easily confirmed.  

Aff is popular- new GOP strategy
McLaughlin 8/9 (Seth- Washington Times Staff Writer, 2013, “Rand Paul: GOP can grow base by opposing indefinite detention”, http://www.washingtontimes.com/news/2013/aug/9/rand-paul-gop-can-grow-base-opposing-indefinite-de/)
Sen. Rand Paul says
AND
out to young voters and minorities who have supported Democrats in recent elections.

1AR

Political capital theory isn’t true -  
Kumar 13 (Anita, White House Correspondent for McClatchy Washington Bureau, Formerly worked for the Washington Post, 5/24, and#34;After Failing on Gun Legislation Obama Learning Limits of His Powerand#34
The cheering crowds that helped vault him into a second term in the White House
AND
going to have to say, we want to do the right thing.”

Tournament: GSU | Round: 4 | Opponent: Houston AA | Judge: Nate Cohn
No deference now--- lots of rulings
Flaherty 2011 (Martin Flaherty, Leitner Professor of International Law, Fordham Law School, “Judicial Foreign Relations Authority After 9/11,” NYLS Law Review, http://www.nylslawreview.com/wordpress/wp-content/uploads/2011/08/Flaherty-56-1.pdf)
For a time the forces of judicial isolationism appeared to have gained traction and ¶
AND
¶ reassertion will mean restoration, however, still remains to be seen.

Congress already has taken away Obama’s control of detention
Janet Cooper Alexander 13, professor of law at Stanford University, March 21st, 2013, "The Law-Free Zone and Back Again," Illinois Law Review, illinoislawreview.org/wp-content/ilr-content/articles/2013/2/Alexander.pdf
Congress also passed legislation requiring suspected members of al- Qaeda or “associated forces
AND
rights, the D.C. Circuit has since rendered those protections toothless

Checks on the Presidents power solves deterrence better- makes our threats credible
Waxman 13 (Matthew C-  Professor of Law at Columbia Law School; Adjunct Senior Fellow for Law and Foreign Policy, Council on Foreign Relations, “The Constitutional Power to Threaten War”, Forthcoming in Yale Law Journal, vol. 123 (2014), 8/25/2013, PDF)
A second argument, this one advanced by some congressionalists, is that stronger legislative
AND
as to the President’s powers to use force undermines the credibility of threats. 

Michael Reisman observed, for example, in 1989: “Lack of clarity in
AND
by pointing foreign actors to the appropriate institution or process for reading them.

1AR Obama wants close
Obama wants to close
Rueters 6/19 (Obama says U.S. to redouble efforts to close Guantanamo, http://www.reuters.com/article/2013/06/19/us-germany-obama-guantanamo-idUSBRE95I0LY20130619)
U.S. President Barack Obama said
AND
Obama said in a speech in front of Berlin's Brandenburg Gate.

Tournament: Navy | Round: 1 | Opponent: USMA BS | Judge: DJ Spiker
Aff kt offshore balancing- co-op impossible without it
Scheinin 12 (Martin Scheinin 12 is Professor of International Law and Former UN Special Rapporteur on Human Rights and Counter-Terrorism, "Should Human Rights Take a Back Seat in Wartime?" 1-11-12, www.realclearworld.com/articles/2012/01/11/national_defense_authorization_act_scheinin_interview-full.html, DOA: 7-23-13)
CLC: As a world leader and active promoter of universal human rights, the
AND
approach. But repressive governments may do so for their own political purposes.

The aff doesn’t affect overall credibilith
Gray ’11 Colin S, Professor of International Politics and Strategic Studies at the University of Reading, England, and Founder of the National Institute for Public Policy, “Hard Power And Soft Power: The Utility Of Military Force as An Instrument Of Policy In The 21st Century,” April, http://www.strategicstudiesinstitute.army.mil/pubs/display.cfm?pubID=1059

It bears repeating because it passes unnoticed that culture, and indeed civilization itself,
AND
it may be, a country cannot easily escape legacies from its past.

NSA scandal outweighs
AP ’13 Associated Press, “US counterterrorism officials defend Internet and phone surveillance to skeptical lawmakers,” June 12, http://www.foxnews.com/us/2013/06/12/us-counterterrorism-officials-defend-internet-and-phone-surveillance-to/

Lawmakers voiced their confusion and concern, and some called for the end of sweeping
AND
accused the government of being too invasive in the name of national security.
.

Heg is durable -- status quo conditions and international cooperation ensure sustainability
Monteiro 11 - Nuno P., Assistant Professor of Political Science at Yale University (June 13, 2011, “BALANCING ACT WHY UNIPOLARITY MAY BE DURABLE,” http://www.nunomonteiro.org/wp-content/uploads/Nuno-Monteiro-Balancing-Act-20110613.pdf)
What is, then, wrong with the argument that unipolarity is indeed durable?
AND
eventually shifting the systemic balance of power and putting an end to unipolarity.
Offshore balancing fails – It won’t be adopted as a strategy, and would balance too late
Lind 6 – New American Foundation http://www.newamerica.net/publications/articles/2007/beyond_american_hegemony_5381 Michael Lind, Iss. 89, pg. 9, “Beyond American Hegemony”, Accessed July 24,
Another option favored by some realists and libertarians, an offshore-balancing strategy,
AND
the Middle East, in the hope of defusing conflicts and deterring aggressors,

Tournament: ADA | Round: 4 | Opponent: John Carroll MS | Judge: Peter Susko
Only leads to enforcement of already ratified treaties
Lobel 11 (Jules Lobel, Bessie McKee Walthour Endowed Chair and Professor of Law, University of Pittsburgh
School of Law. Fundamental Norms, International Law, and the
Extraterritorial Constitution, http://www.yjil.org/docs/pub/36-2-lobel-fundamental-norms.pdf)
Nor would the use of international law to inform the reach of constitutional norms to
AND
to only prohibit conduct which would violate the U.S. Constitution.

No uniqueness- ATS cases will be heard now, and they will win
Anderson 9/23 (Kenneth- Professor of Law, Washington College of Law at American University, 2013, “Kiobel v. Royal Dutch Petroleum:  The Alien Tort Statute’s Jurisdictional  Universalism in Retreat”, pdf- accessed via CATO)
Moreover, it bears observing one last time that both the Breyer and  Roberts opinions
AND
for why  any particular national court should or should not hear a case.

Nanobots are impossible – fat and sticky fingers
Smalley, 1
Richard,  Gene and Norman Hackerman Professor of Chemistry and Physics at Rice University. He received the 1996 Nobel Prize in Chemistry for the discovery of fullerenes, “ Of Chemistry, Love and Nanobots,”  Scientific American v285 no3 p76-7 Ag 30 2001

 But how realistic is this notion of a self-replicating nanobot? Let’s
AND
be impossible to release this minuscule building block in precisely the right spot.
Both these problems are fundamental, and neither can be avoided. Self-replicating, mechanical nanobots are simply not possible in our world. To put every atom in its place—the vision articulated by some nanotechnologists—would require magic fingers. Such a nanobot will never become more than a futurist’s daydream. 

Their ev is science fiction
Risen, Asst Editor – The New Republic, ‘6
(Clay, www.tnr.com/docprint.mhtml?i=w060116ands=risen011606)
Instead, among many people who have heard of nanotech, the term is still
AND
. For Drexler, the nanotech era was to be an overnight success.

Tournament: Navy | Round: 8 | Opponent: George Washington NS | Judge: Nick Donlan
Legal uncertainty is already hurting clarity and effectiveness
Wolff Heintschel von Heinegg 11, Prof of Public International Law at the Europa-Universität Viadrina in Frankfurt, Germany, “Asymmetric Warfare: How to Respond?” International Law Studies - Volume 87
There may be situations, however, that do not qualify as an armed conflict
AND
security that are of vital importance for the success of contemporary military operations.
Judicial intervention on LOAC application to detention is inevitable – a wave of lawsuits is on the way
Chesney 13, Law Prof at UT
(November, Robert, BEYOND THE BATTLEFIELD, BEYOND AL QAEDA: THE DESTABILIZING LEGAL ARCHITECTURE OF COUNTERTERRORISM, 112 MichLRev163)
The government will not be able to simply ride out the legal friction generated by
AND
challenge could lead a judge to weigh in on the organizational boundary question.

TK makes the impact inevitable and outweighs the aff
Craig Martin, Associate Professor of Law at Washburn University School of Law, 2011, GOING MEDIEVAL: TARGETED KILLING, SELF?DEFENSE AND THE JUS AD BELLUM REGIME, http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1956141

The United States has been engaging in this practice of using drone-mounted missile
AND
a threat that is much less serious in the grand scheme of things.¶ 

PMC’s jack the LOAC
Daniel P. Ridlon, A.F. Captain, JD Harvard, 2008, “CONTRACTORS OR ILLEGAL COMBATANTS? THE STATUS OF ARMED CONTRACTORS IN IRAQ,” 62 A.F. L. Rev. 199, ln
In addition to legal liability, the United States' employment of PMF personnel in future
AND
253  protections afforded to United States military personnel if they are captured.

Ruling on the conventions is key to solvency- also key to overall treaty cred
Gruber, 7
(Law Prof-Florida International, “Who’s Afraid of Geneva Law,” 39 Ariz. St. L.J. 1017, Winter, Lexis)
Internationalists and civil libertarians have widely praised Hamdi and Hamdan for creating a new era
AND
Court to be an international team player rather than a "lone ranger."

Treaty co-op solves a litany of existential threats
Koh and Smith 2003
Harold Hongju Koh, Professor of International Law, and Bernice Latrobe Smith, Yale Law School; Assistant Secretary of State for Democracy, Human Rights and Labor, “FOREWORD: On American Exceptionalism,” May 2003, 55 Stan. L. Rev. 1479

Similarly, the oxymoronic concept of "imposed democracy" authorizes top-down regime
AND
the Middle East crisis, or the renewed nuclear militarization of North Korea.

Tournament: GSU | Round: 6 | Opponent: Northwestern MP | Judge: John Nagy
No terror
Mueller and Stewart 12 John Mueller is Senior Research Scientist at the Mershon Center
AND
, No. 1 (Summer 2012), pp. 81–110
In the eleven years since the September 11 attacks, no terrorist has been able
AND
eventually have committed some serious, if small-scale, damage.16

Detention causes terrorism- perpetuates the root cause of extremisim
Combs 12 (Casey- writer for the Diplomatic Courier and freelance associate for the Foreign Policy Association, citing Martin Sheinin, professor of international law and UN Special Rapporteur on human rights and counterterrorism from 2005 to 2011, January 12, “US Counterterrorism Law May “Backfire”: UN”, http://foreignpolicyblogs.com/2012/01/12/new-us-counterterrorism-law-may-backfire-un/)
When the “global war on terror” was waged following 9/11,
AND
rule of law and respect for human rights when they are needed most.

The squo is reverse proliferating- no impact
Kahl et. al 13 (Colin H., Senior Fellow at the Center for a New American Security and an associate professor in the Security Studies Program at Georgetown University’s Edmund A. Walsh School of Foreign Service, Melissa G. Dalton, Visiting Fellow at the Center for a New American Security, Matthew Irvine, Research Associate at the Center for a New American Security, February, “If Iran Builds the Bomb, Will Saudi Arabia Be Next?” http://www.cnas.org/files/documents/publications/CNAS_AtomicKingdom_Kahl.pdf, 2013)
*cites Jacques Hymans, USC Associate Professor of IR*
I I I . LESSONS FRO M HISTOR Y Concerns over “regional proliferation chains
AND
-related motivations) but are wary of the negative consequences of proliferation.

Flexibility is irrelevant
COHEN 13 - fellow of the Century Foundation, foreign policy columnist for the Guardian (Michael Cohen, “Contrary to popular belief, President Obama doesnand#39;t have a magic wand”, May 8, http://www.theguardian.com/commentisfree/2013/may/08/obama-not-lame-duck-gop-obstructs-everything)

Yet, the belief that the president carries a leadership magic wand to convince recalcitrant
AND
what you believe he should, blame them. Obama just works here.

Courts will constrain Obama on detention now- Hedges ruling coming- but it isn’t sufficient to solve the aff
RT 9/3 (Supreme Court to rule on fate of indefinite detention for Americans under NDAA http://rt.com/usa/ndaa-scotus-hedges-suit-359/)

The United States Supreme Court is being asked to hear a federal lawsuit challenging the
AND
and defended adamantly by his administration in federal court in the years since. 

2AC Intel Link
Guantanamo doesn’t provide intel to stop terror but it does increase the chances of it
Greenberg 7 (Karen- Director of the Center on National Security and permanent member of the Council on Foreign Relations while Research for this article was contributed by Center on Law and Security Research Fellow Francesca Laguardia, February, “8 Reasons to Close GUANTANAMO NOW”, lexis)
#5 It undermines intelligence efforts¶ Despite the tens of thousands of hours of
AND
the bases at Bagram and Kandahar; as a prison near the Afghan borde
ases 2, 8, 12, 19, 23, 30, 42),
AND
incalculable. It breeds new angers and resentments, and thus new enemies.

2AC Release Link
Seriously the risk of this link is 5 thousandths of a percent
Eppinger 13 (Monica-Assistant Professor, Saint Louis University School of Law and Department of Sociology and Anthropology; J.D., Yale Law School; Ph.D. Anthropology, University of California Berkeley, Winter, “REALITY CHECK: DETENTION IN THE WAR ON TERROR”, Catholic University Law Review-Lexis)
Second, serious consideration should be given to the low rates of recidivism by those
AND
by released detainees should be carefully analyzed and lessons extracted for future conduct.
2AC Intel Co-Op
Indefinite detention undermines international coop and alliances- also causes terrorism
Scheinin 12 (Martin Scheinin 12 is Professor of International Law and Former UN Special Rapporteur on Human Rights and Counter-Terrorism, and#34;Should Human Rights Take a Back Seat in Wartime?and#34; 1-11-12, www.realclearworld.com/articles/2012/01/11/national_defense_authorization_act_scheinin_interview-full.html, DOA: 7-23-13)
CLC: As a world leader and active promoter of universal human rights, the
AND
approach. But repressive governments may do so for their own political purposes.

1AR Flex irrelevant
A multitude of other actors hamper presidential flexibility
Rozell 12
(Mark Rozell, Professor of Public Policy, George Mason University, “From Idealism to Power: The Presidency in the Age of Obama” 2012, http://www.libertylawsite.org/book-review/from-idealism-to-power-the-presidency-in-the-age-of-obama/)
A substantial portion of Goldsmith’s book presents in detail his case that various forces outside
AND
little understanding of the broader implications of tying down the president with legalisms.

1AR No deference
Precedent has already been established- no deference
Flaherty 2011 (Martin Flaherty, Leitner Professor of International Law, Fordham Law School, “Judicial Foreign Relations Authority After 9/11,” NYLS Law Review, http://www.nylslawreview.com/wordpress/wp-content/uploads/2011/08/Flaherty-56-1.pdf)
For a time the forces of judicial isolationism appeared to have gained traction and ¶
AND
¶ reassertion will mean restoration, however, still remains to be seen.

1AR Checks Good
Checks on the Presidents power solves deterrence better- makes our threats credible
Waxman 13 (Matthew C-  Professor of Law at Columbia Law School; Adjunct Senior Fellow for Law and Foreign Policy, Council on Foreign Relations, “The Constitutional Power to Threaten War”, Forthcoming in Yale Law Journal, vol. 123 (2014), 8/25/2013, PDF)
A second argument, this one advanced by some congressionalists, is that stronger legislative
AND
by pointing foreign actors to the appropriate institution or process for reading them.

Tournament: GSU | Round: 4 | Opponent: Houston AA | Judge: Nate Cohn
No impact to WTO collapse
Martin et. al. ‘8 (Phillipe, University of Paris 1 Pantheon—Sorbonne, Paris School of Economics, and Centre for Economic Policy Research; Thierry MAYER, University of Paris 1 Pantheon—Sorbonne, Paris School of Economics, CEPII, and Centre for Economic Policy Research, Mathias THOENIG, University of Geneva and Paris School of Economics, The Review of Economic Studies 75, 2008)

Does globalization pacify international relations? The “liberal” view in political science argues
AND
, even taking into account the increase in the number of sovereign states.

Detention collapses US-EU relations
Smith 7 (JULIANNE, DIRECTOR AND SENIOR   FELLOW, EUROPE PROGRAM, CENTER FOR STRATEGIC AND   INTERNATIONAL STUDIES, April 17, “EXTRAORDINARY RENDITION IN U.S.  COUNTERTERRORISM POLICY: THE IMPACT ON  TRANSATLANTIC RELATIONS”, http://archives.republicans.foreignaffairs.house.gov/110/34712.pdf)
As a European analyst, who spends a considerable amount of   time in Europe meeting
AND
we share is currently played with   mistrust and divisions over strategy and tactics.

That makes the impact inevitable
Harding ‘2 (Gareth Harding, Europe Correspondent for United Press International, United Press International, Lexis, August 7, 2002)
Despite their differences, EU and U.S. leaders know that a breakdown
AND
and forming the cornerstone of the worldand#39;s most powerful military alliance, NATO.

No link- Obama has been pushing to close Guantanamo- that means the aff isn’t perceived as a loss for him- if anything it’s a win, which builds capital
Marshall and Prins 11 (BRYAN W, Miami University and BRANDON C, University of Tennessee and Howard H. Baker, Jr. Center for Public Policy, “Power or Posturing? Policy Availability and Congressional Influence on U.S. Presidential Decisions to Use Force”, Sept, Presidential Studies Quarterly 41, no. 3)
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).

Courts shield
Whittington 5 Keith E., Cromwell Professor of Politics – Princeton University, ““Interpose Your Friendly Hand”: Political Supports for the Exercise of Judicial Review by the United States Supreme Court”, American Political Science Review, 99(4), November, p. 585, 591-592
There are some issues that politicians cannot easily handle. For individual legislators, their
AND
action that political leaders want taken, as illustrated in the following case. 

Obama spending PC on debt ceiling- wants to insure he get’s his way
Taylor 9/18/13 (Andrew, Associated Press Staff Writer, and#34;House GOP Plans To Link Debt Limit Increase To Its Own Wish Listand#34
House GOP leaders Wednesday announced that they will move quickly to raise the governmentand#39;s borrowing
AND
carry on with the fight on legislation to increase the governmentand#39;s borrowing cap.

Won’t pass now – GOP riders
Palmer 9/19/13 (Doug, POLITICO, and#34;President Obama Speaks OUt on Trade Promotion Authorityand#34
However, many Republicans oppose linking renewal of the program to help displaced workers to
AND
the biggest difference and have the greatest impact,” she told the group.¶ 

Budget, farm bill, Syria, energy and immigration thump
WP, 9-16-2013 http://www.washingtonpost.com/blogs/the-fix/wp/2013/09/16/the-congressional-fight-over-obamacare-part-341/

Will the House pass a short-term budget this week? Maybe. Will
AND
to gauge whether there is any hope for the issue in coming weeks.

Vote isn’t for months
Palmer and Bradner 9/12/13 (Doug and Eric, Politico, and#34;Currency Concerns Dog Pacific Trade Pactand#34
Levin has argued that
AND
it would be introduced.

The public overwhelming supports the aff
Greenwald 9 (Glenn- former Constitutional and civil rights litigator and is the author of three New York Times Bestselling books: two on the Bush administrationand#39;s executive power and foreign policy abuses, and his latest book, With Liberty and Justice for Some, an indictment of Americaand#39;s¶ two-tiered system of justice. Greenwald was named by The Atlantic as one of the 25 most influential political commentators in the nation. He is the recipient of the first annual I.F. Stone Award for Independent Journalism, and is the winner of the 2010 Online Journalism Association Award for his investigative work on the arrest and oppressive detention of Bradley Manning, citing NYT/CBS Poll, June 18, “Overwhelming majority oppose preventive detention without charges”, http://www.salon.com/2009/06/18/detention/)
¶ A new NYT/CBS News
AND
to Guantanamo detainees, probably the single most dehumanized group on the planet?¶ 

1AR Uniqueness
No agreements now
Politico 9/6/13 (and#39;Path to Obama Trade Authority Faces Possible Detourand#34
One thing President Barack Obama needs from Congress to make his blockbuster Pacific Rim trade
AND
lawmakers will still find another path to pass the trade legislation this year.¶ 

1AR DCeiling Thumper
The vote on the debt ceiling is coming next week –
Reuters 9/18/13 (and#34;US Debt Hike Emerges AS Main Battleground Over Obamacareand#34
The debt ceiling, which could come up next week, is far more consequential because it could rattle world markets and lead to a downgrade of the governmentand#39;s credit rating or to default. Without Congressand#39; approval, the government will be unable to borrow money to pay its debts sometime in mid-October, according to the Treasury Department.

That tanks all his PC
Lillis and Wasson 9/7, Mike, the Hill writer, Erik, the Hill writer, “Fears of wounding Obama weigh heavily on Democrats ahead of vote,” 9/7, http://thehill.com/homenews/house/320829-fears-of-wounding-obama-weigh-heavily-on-democrats#ixzz2fOPUfPNr
The prospect of wounding President Obama is weighing heavily on Democratic lawmakers as they decide
AND
through this fiscal thicket. These are going to be very difficult votes.and#34;

1AR Winners Win
Winners win – and compromises fail- which answers their uniqueness warrant
Gergen 13 – CNN Senior Political Analyst
(David, “Obama 2.0: Smarter – but wiser?”, CNN, 1-19-2013, http://www.cnn.com/2013/01/18/opinion/gergen-obama-two/index.html)
On the eve of his second inaugural, President Obama appears smarter, tougher and
AND
for a and#34;grand bargainand#34; appear to be hanging by a thread.

Tournament: Navy | Round: 6 | Opponent: Liberty AB | Judge: Jim Lyle
2AC
K
Alt doesn’t solve detention- engagement with international conventions is key
Jenks 11 (INDEFINITE DETENTION UNDER THE LAWS OF WAR Chris Jenks* and Eric Talbot Jensen Lieutenant Colonel, U.S. Army Judge Advocate General's Corps. Presently serving as the Chief of the International Law Branch, Office of The Judge Advocate General, Washington D.C. The views expressed in this Article are those of the author and not The Judge Advocate General's Corps, the U.S. Army, or the Department of Defense.  Visiting Assistant Professor, Fordham Law School. The authors wish to thank Sue Ann Johnson for her exceptional research and editing skills, and the organizers and attendees at both the 3rd Annual National Security Law Jtinior Faculty Workshop at the University of Texas School of Law, where we first discussed the ideas for this article, and the Stanford Law and Policy Review National Defense Symposium, where we first presented the finished product. STANFORD LAW and POLICY REVIEW Vol. 22:1 Page Lexis)
Those who would deconstruct the law of war as applied to detention stemming from armed
AND
the right balance between the security of the nation and the rights of individuals

Their K of human rights makes politics impossible
- Solves liberal criticisms – goes beyond teleological understanding of politics
Villa 10 (Dana R, Chichester, West Sussex, "Democratizing the Agon Nietzsche, Arendt, And the Agonistic Tendency In Recent Political Theory," http://www.kafkapizechust.com/democratizing-the-agon-nietzsche-arendt-and-the-agonistic-tendency-in-recent-political-theory/423/)

First, she gives a central place to action in her conception of the political
AND
applaud the spirit behind pronouncements like the following (from The Human Condition):

The alt gets coopted and paves the way for authoritarian environmentalism
Hailwood 4 (Simon HAILWOOD Philosophy @ Liverpool ‘4 How to be a Green Liberal p. 155-156)

For me, the main worry emerging from such considerations is not that liberal societies
AND
main political philosophy of modernity, has been the point of this book.  

Human extinction comes first – turns the kritik
Matheny 07 (J. G. Matheny, Ph. D. candidate, Bloomberg School of Public Health, Johns Hopkins University, December 6, 2007, “Ought we worry about human extinction?,” online: http://jgmatheny.org/extinctionethics.htm)

Moral philosophers have not written much about human extinction. This may be because they
AND
(2002) put our chances at 70 and 75, respectively.

Your K ignores how positive human domain over the environment has been- give this select instances of management and control are justified
Younkins 4--Professor of Accountancy and Business Administration at Wheeling Jesuit University in West Virginia. (Edward, The Flawed Doctrine of Nature's Intrinsic Value, http://www.quebecoislibre.org/04/041015-17.htm)

Many environmentalists contend that nature has an intrinsic value, in and of itself,
AND
negation of human values and betrays an underlying nihilism of the environmental movement. 

Human-centeredness is key to environmental sustainability- the alt is net worse for everything
Schmidtz 2k – Professor of Philosophy @ Arizona
David Schmidtz, 2k. Philosophy, University of Arizona, Environmental Ethics, p. 379-408
Like economic reasoning, ecological reasoning is reasoning about equilibria and perturbations that keep systems
AND
the ecology of which those ignored values and priorities are an integral part.

2AC AT: Root Cause
No single cause of violence
Muro-Ruiz 2 (Diego, London School of Economics, “The Logic of Violence”, Politics, 22(2), p. 116)
Violence is, most of the time, a wilful choice, especially if it
AND
approaches, since they each offer some understanding of the logic of violence. 

1AR
Anthro
-- AT: Ethics

Ethics are impossible without distinguishing between humans and animals
Schulman, 1995 J. Neil, the illogic of animal rights, http://www.pulpless.com/jneil/aniright.html¶
If human beings are no different from other animals, then like all other animals
AND
human consciences. "Animal rights" do not exist in either case.

Bestiality
Breaking down divisions between human and animal makes bestiality acceptable
Carnell, 01 Brian, Peter Singer Offers Moral Justification for Bestiality, http://www.animalrights.net/articles/2001/000040.html google cache
One of the major underpinnings of much animal rights thought is the notion of speciesism
AND
, according to Singer, is just another example of a speciesist distinction.

All bestiality is rape and fosters violence towards animals and women.
Adams, 1995 Carol, Feminist Author, http://www.pet-abuse.com/pages/animal_cruelty/bestiality.php
The notion of bestiality as a safety valve that operates until the (usually young
AND
). In each of these cases the distinctions are only self-justifications.

Tournament: Vanderbilt | Round: 4 | Opponent: Emory AJ | Judge: Brian DeLong
2AC
1) Agency and Activism- Simualted national security law debates inculcate agency and decision-making skills—that enables activism and avoids cooption  
Laura K. Donohue, Associate Professor of Law, Georgetown Law, 4/11/13, National Security Law Pedagogy and the Role of Simulations, http://jnslp.com/wp-content/uploads/2013/04/National-Security-Law-Pedagogy-and-the-Role-of-Simulations.pdf

The concept of simulations as an aspect of higher education, or in the law
AND
undoubtedly necessary, it suggests one potential direction for the years to come.

Alt doesn’t solve detention- engagement is key
Jenks and Talbot-Jensen 11 (INDEFINITE DETENTION UNDER THE LAWS OF WAR Chris
AND
LAW and POLICY REVIEW Vol. 22:1 Page Lexis)

Those who would deconstruct the law of war as applied to detention stemming from armed
AND
the right balance between the security of the nation and the rights of individuals

Alt does nothing- we are in a constant state of progression which means we inevitably will create change- the question is our we orient ourselves towards that inevitable progress

Perm do both – only by combining complexity within linearity can we create an effective system
Glover 12 – Robert is the CLAS Honors Preceptor in Political Science at the University of Maine. His primary research interests are international relations theory, democratic theory,human rights, global migration, and political science teaching and learning. His recent research is featured in¶ Political Studies, Philosophy and Social Criticism, Geopolitics, History, and International Relations,¶ andThe Journal of Political Science Education ( ¶ Compatibility or Incommensurability: International Relations Theory and Complex Systems Analysis 7/21/12 http://www.e-ir.info/2012/07/21/compatibility-or-incommensurability-ir-theory-and-complex-systems-analysis/)bs

As noted earlier, complexity theory is less of a coherent theoretical paradigm and more
AND
the tools used to explain complex systems in the biological and physical sciences¶ 

6. Rejecting strategic predictions of threats makes them inevitable—decision makers will rely on preconceived conceptions of threat rather than the more qualified predictions of analysts
Fitzsimmons, 2007 Michael, Washington DC defense analyst, “The Problem of Uncertainty in Strategic Planning”, Survival, Winter 06-07, online

But handling even this weaker form of uncertainty is still quite challeng- ing.
AND
, such decisions may be poorly understood by the decision-makers themselves. 

10. Linear thinking is about anticipation, not explanation—allows us to become resilient in the face of complexity
Kent 11 -- directs the Humanitarian Futures Programme at Kings College, London.
(Dr. Randolph C., “Planning from the future: an emerging agenda”, International Review of the Red Cross, 2011, http://www.icrc.org/eng/assets/files/review/2011/irrc-884-kent.pdf)
The art of anticipation is not about prediction; it is about promoting a sense
AND
and track them through different worlds, to provide an array of possibilities.

1. 1. (TIME PERMITTING)- Alt doesn’t solve- makes effective policy making impossible
      Walt, 2005 – Prof, Kennedy School of Government @ Harvard (Stephen M., Annu. Rev. Polit. Sci. 2005. 8:23–48, pg. 31,  “The Relationship Between Theory and Policy in International Relations,” http://www.iheid.ch/webdav/site/political_science/shared/political_science/3452/walt.pdf)

PREDICTION IR theories can also help policy makers anticipate events. By identifying the central
AND
and causal relationships in order to sketch a picture of an emerging world. 

the alt locks in status quo power structures and makes war inevitable
McCormack 10 (Tara McCormack, ’10, is Lecturer in International Politics at the University of Leicester and has a PhD in International Relations from the University of Westminster. 2010, Critique, Security and Power: The political limits to emancipatory approaches, page 59-61)
A corollary of this retreat from a political interpretation of conflict or social instability,
AND
reflect the increased freedom of the international community to intervene in other states. 

No impact – threat construction isn’t sufficient to cause wars
Kaufman ‘9 (Prof Poli Sci and IR – U Delaware, ‘9 (Stuart J, “Narratives and Symbols in Violent Mobilization: The Palestinian-Israeli Case,” Security Studies 18:3, 400 – 434)
Even when hostile narratives, group fears, and opportunity are strongly present, war
AND
and opportunity spur hostile attitudes, chauvinist mobilization, and a security dilemma.

1AR
Simulation allows us to influence state policy AND is key to agency
Eijkman 12
The role of simulations in the authentic learning for national security policy development: Implications for Practice / Dr. Henk Simon Eijkman. electronic resource http://nsc.anu.edu.au/test/documents/Sims_in_authentic_learning_report.pdf. Dr Henk Eijkman is currently an independent consultant as well as visiting fellow at the University of New South Wales at the Australian Defence Force Academy and is Visiting Professor of Academic Development, Annasaheb Dange College of Engineering and Technology in India. As a sociologist he developed an active interest in tertiary learning and teaching with a focus on socially inclusive innovation and culture change. He has taught at various institutions in the social sciences and his work as an adult learning specialist has taken him to South Africa, Malaysia, Palestine, and India. He publishes widely in international journals, serves on Conference Committees and editorial boards of edited books and international journal

However, whether as an approach to learning, innovation, persuasion or culture shift
AND
contains a detailed description, in table format, of the synopsis below.

Reps irrelevant
Tuathail, 96-(Gearoid, Department of Georgraphy at Virginia Polytechnic Institute, Political Geography, 15(6-7), p. 664, science direct)

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.

?
No prior questions – our justification for the 1AC is true
Owen ‘2 – reader of political theory
(David Owen, Reader of Political Theory at the Univ. of Southampton,  Millennium Vol 31 No 3 2002 p. 655-7)
Commenting on the ‘philosophical turn’ in IR, Wæver remarks that ‘a
AND
the first and second dangers, and so a potentially vicious circle arises.

Tournament: Vanderbilt | Round: 5 | Opponent: Iowa CL | Judge: David Steinberg
War Rhetoric K
No single cause of violence
Muro-Ruiz 2 (Diego, London School of Economics, “The Logic of Violence”, Politics, 22(2), p. 116)
Violence is, most of the time, a wilful choice, especially if it
AND
approaches, since they each offer some understanding of the logic of violence. 

Alt doesn’t solve detention- engagement is key
Jenks and Talbot-Jensen 11 (INDEFINITE DETENTION UNDER THE LAWS OF WAR Chris
AND
LAW and POLICY REVIEW Vol. 22:1 Page Lexis)

Those who would deconstruct the law of war as applied to detention stemming from armed
AND
the right balance between the security of the nation and the rights of individuals

the affs introduction of detention to the public consciousness creates effective political movements for change
Cole 12 (David Cole is a Professor of Law, Georgetown University Law Center, “Legal Affairs: Dreyfus, Guantanamo, and the Foundation of the Rule of Law, 29 Touro L. Rev. 43)
Moreover, while district courts exercising habeas corpus jurisdiction initially ruled in favor of the
AND
values of the Constitution, the rule of law, and human rights.

Perm solves best – combination allows for better explanation of IR --- we have a common language that helps us understand war better
Lake and Jacobs ‘11 – professor of social science and distinguished professor of political science
(David A. Lake is the Jerri-Ann and Gary E. Jacobs Professor of Social Sciences and Distinguished Professor of Political Science at the University of California, San Diego.., Why "isms" are Evil: Theory, Epistemology and Academic Sects as Impediments to Understanding and Progress, International Studies Quarterly 55, 465-480,  weber.ucsd.edu/dlake/documents/LakeWhyIsmsareevil.pdf)
Rather than forming sects and debating theology, imagine the contributions that we as scholars
AND
of sectors pursuing their material interests without fear of being criticized for inconsistency. 

Judicial action promotes public awareness that creates an effective political challenge to oppression
Serrano and Minami, ‘03  (Susan, Project Director, Equal Justice Society; J.D. 1998, William S. Richardson School of Law, University of Hawai', partner, Minami, Lew and Timaki, Asian Law Journal, Korematsu v. United States: A "Constant Caution" in a Time of Crisis, p. Lexis)
Today, a broadly conceived political identity is critical to the defense of civil liberties
AND
us every day to Asian Americans and other racial communities and beyond." n64

Liberalism is true and promotes peace
Recchia and Doyle 11
Stefano (Assistant Professor in International Relations at the University of Cambridge) and Michael (Harold Brown Professor of International Affairs, Law and Political Science at Columbia University), “Liberalism in International Relations”, In: Bertrand Badie, Dirk Berg-Schlosser, and Leonardo Morlino, eds., International Encyclopedia of Political Science (Sage, 2011), pp. 1434-1439, RSR
Relying on new insights from game theory, ¶ scholars during the 1980s and 1990s
AND
thriving, and ¶ it usefully complements liberal scholarship on the  democratic peace.

Tournament: Kentucky | Round: 8 | Opponent: Cal State Fullerton RS | Judge: Michael Ewald
2AC
2AC- Role of Ballot
2) Agency and Activism- Simualted national security law debates inculcate agency and decision-making skills—that enables activism and avoids cooption  
Laura K. Donohue, Associate Professor of Law, Georgetown Law, 4/11/13, National Security Law Pedagogy and the Role of Simulations, http://jnslp.com/wp-content/uploads/2013/04/National-Security-Law-Pedagogy-and-the-Role-of-Simulations.pdf

The concept of simulations as an aspect of higher education, or in the law
AND
undoubtedly necessary, it suggests one potential direction for the years to come.

3) Incrementalism- Emancipatory politics must be methodical, incremental, and committed to process.  Failure to do so in favor of a radical politics destroys value to life and risks extinction
Dietz 94
(Mary G. Dietz, Professor of Political Science and Gender Studies Program at Northwestern University, “’THE SLOW BORING OF HARD BOARDS’: METHODICAL THINKING AND THE WORK OF POLITICS”, American Political Science Review, Vol. 88, No. 4 December 1994, http://www.jstor.org/stable/pdfplus/2082713.pdf)
We do disservice to these moments of Arendtian action, however (and hence to
AND
other words, we must think methodically about what is to be done. 

Taking solely individual approaches fails to change macro-level societal trends that replicates the impacts
Wight – Professor of IR @ University of Sydney – 6
(Colin, Agents, Structures and International Relations: Politics as Ontology, pgs. 48-50 

One important aspect of this relational ontology is that these relations constitute our identity as
AND
upon it, upon its specific characteristics, its constants and its variables’.

This impact is unique to our role of the ballot
Lantis 8 (Jeffrey S. Lantis is Professor in the Department of Political Science and Chair of the
International Relations Program at The College of Wooster, “The State of the Active Teaching and Learning Literature”, http://www.isacompss.com/info/samples/thestateoftheactiveteachingandlearningliterature_sample.pdf)
Simulations, games, and role-play represent a third important set of active
AND
topic, the development of empathy, and acquisition and retention of  knowledge.

4) “Me-search”- Their call for us solely to discuss our personal experiences creates an ignorance for the world around us that is ultimately net-worse for everyone
Chandler 2009 (David Chandler is Professor of International Relations at the University of Westminster, “Questioning Global Political Activism”, What is Radical Politics Today?, Edited by Jonathan Pugh,  pp. 81-2)
Today more and more people are ‘doing politics’ in their academic work. This
AND
peers and colleagues at the level of political or intellectual debate and organisation. 

5) We cannot disengage- Their calls to ignore the state miss the boat- those at Guantanamo have been left asking where external action to help them has been- here is a poem from Adnan Latif, a former Guantanamo detainee-
'Where is the world?'
Where is the world to save us from torture?
Where is the world to save us from the fire and the darkness?
Where is the world to save the hunger strikers?
-  I say former detainee because Latif was found dead in Guantanamo on September 8 2012 because the world hadn’t responded in time.  The time to take action to reverse flawed state policies is now, disengagement only results in more individuals like Latif being unjustly tortured and killed.

2AC Permutation
B) Singular Focus is bad- Multiplicity of perspectives is more productive and more emancipatory
Bohlin 8 - Dr. Phil. in theoretical philosophy (Stockholm University, 1997) ¶ Senior lecturer (docent) in philosophy, lecturer in history of ideas ¶ Member of the faculty board, chair of the faculty committee for teacher education and educational research (Henrik Bohlin Perspective-dependence and Critical Thinking EBSCO)shaw

Suppose that we are trying to understand and morally assess the customs of a people
AND
somehow take the difference in perspectives into account. What can this mean?
First, it is conceivable that by learning more about the people we are trying
AND
way abandon our own moral principles or standards of extra-moral rationality.
Suppose now instead that taking all relevant facts into account is not sufficient to make
AND
and fundamental moral principles and factual beliefs on the other is not sharp.)

E) West/non-west divide bad- Their criticisms of the “West” only reify the metageographic concept that the world can be compartmentalized into neat sections of West and Rest, rhetorics that disparage the West and celebrate the rest end up reinforcing the colonizer’s model of the world.
Lewis and Wigen 97. Martin W. and Karen E., The Myth of Continents 6-7

The North-South distinction, like that between the first, second, and
AND
only in the form of rhetoric that disparages the West and celebrates the rest

G) National focus good- it enhances local efforts by creating a common rallying cry and provides NETWORKS necessary for collaboration – local justice efforts will be ineffective on their own
Hair 01
(Penda D Louder than Words:Lawyers, Communities and the Struggle for Justice, http://www.racialequitytools.org/resourcefiles/hair.pdf, Penda D. Hair is Co-Director of the Advancement Project at the Rockafeller Foundation, The many lawyers, clients, community organizations and activists whose visionary work in the field is reflected herein generously shared their time, experiences, lessons and mistakes, as well as triumphs. This is their report. I have tried to be an accurate and thoughtful recorder. Dayna L. Cunningham, Associate Director of the Rockefeller Foundation’s Working Communities Division, conceived this project and brought together the people and the resources to bring it to fruition. Her penetrating ideas on race and lawyering infuse every page of the Report. As important, her strong belief in the project and her incredible determination inspired the author and the advisers, and pushed this work to completion. Susan P. Sturm, Professor of Law, Columbia Law School, and Lani Guinier, Professor of Law, Harvard Law School, were participants from the inception, helping to frame the project, identify case studies and put together the larger group of advisers. Angela Glover Blackwell, then Vice President of the Rockefeller Foundation (now President of PolicyLink, a national organization working to identify, support and promote local policy innovation), played a critical role in initiating and supporting this project and provided many valuable insights. Fifteen advisers guided the development of this report. Coming from national civil rights organizations, local public-interest law centers, universities and foundations, all of the advisers in their separate capacities have been deeply involved in the struggle for justice for many years. Their commitment to this project has been unwavering. )

However, local justice work is built on a scaffolding of racial-justice laws
AND
settlements such as the MTA case would not be possible in the future.

Tournament: Vanderbilt | Round: 4 | Opponent: Emory AJ | Judge: Brian DeLong
They’re good
Villa 10 (Dana R, Chichester, West Sussex, "Democratizing the Agon Nietzsche, Arendt, And the Agonistic Tendency In Recent Political Theory," http://www.kafkapizechust.com/democratizing-the-agon-nietzsche-arendt-and-the-agonistic-tendency-in-recent-political-theory/423/)
The political agonist is, however, open to an array of equally compelling liberal
AND
impersonality of Arendt’s agonistic ethos makes it preferable to these more recent formulations.

Tournament: Kentucky | Round: 5 | Opponent: UTD MV | Judge: David Heidt
2) Agency and Activism- Simualted national security law debates inculcate agency and decision-making skills—that enables activism and avoids cooption  
Laura K. Donohue, Associate Professor of Law, Georgetown Law, 4/11/13, National Security Law Pedagogy and the Role of Simulations, http://jnslp.com/wp-content/uploads/2013/04/National-Security-Law-Pedagogy-and-the-Role-of-Simulations.pdf

The concept of simulations as an aspect of higher education, or in the law
AND
undoubtedly necessary, it suggests one potential direction for the years to come.

3) Incrementalism- Emancipatory politics must be methodical, incremental, and committed to process.  Failure to do so in favor of a radical politics destroys value to life and risks extinction
Dietz 94
(Mary G. Dietz, Professor of Political Science and Gender Studies Program at Northwestern University, “’THE SLOW BORING OF HARD BOARDS’: METHODICAL THINKING AND THE WORK OF POLITICS”, American Political Science Review, Vol. 88, No. 4 December 1994, http://www.jstor.org/stable/pdfplus/2082713.pdf)
We do disservice to these moments of Arendtian action, however (and hence to
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other words, we must think methodically about what is to be done. 

Taking solely individual approaches fails to change macro-level societal trends that replicates the impacts
Wight – Professor of IR @ University of Sydney – 6
(Colin, Agents, Structures and International Relations: Politics as Ontology, pgs. 48-50 

One important aspect of this relational ontology is that these relations constitute our identity as
AND
upon it, upon its specific characteristics, its constants and its variables’.

This impact is unique to our role of the ballot
Lantis 8 (Jeffrey S. Lantis is Professor in the Department of Political Science and Chair of the
International Relations Program at The College of Wooster, “The State of the Active Teaching and Learning Literature”, http://www.isacompss.com/info/samples/thestateoftheactiveteachingandlearningliterature_sample.pdf)
Simulations, games, and role-play represent a third important set of active
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topic, the development of empathy, and acquisition and retention of  knowledge.

4) “Me-search”- Their call for us solely to discuss our personal experiences creates an ignorance for the world around us that is ultimately net-worse for everyone
Chandler 2009 (David Chandler is Professor of International Relations at the University of Westminster, “Questioning Global Political Activism”, What is Radical Politics Today?, Edited by Jonathan Pugh,  pp. 81-2)
Today more and more people are ‘doing politics’ in their academic work. This
AND
peers and colleagues at the level of political or intellectual debate and organisation.

Tournament: Kentucky | Round: 5 | Opponent: UTD MV | Judge: David Heidt
B) Singular Focus is bad- Multiplicity of perspectives is more productive and more emancipatory
Bohlin 8 - Dr. Phil. in theoretical philosophy (Stockholm University, 1997) ¶ Senior lecturer (docent) in philosophy, lecturer in history of ideas ¶ Member of the faculty board, chair of the faculty committee for teacher education and educational research (Henrik Bohlin Perspective-dependence and Critical Thinking EBSCO)shaw

Suppose that we are trying to understand and morally assess the customs of a people
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fundamental moral principles and factual beliefs on the other is not sharp.)

E) Commodification- Trading narrative for the ballot commodifies one’s identity and has limited impact on the culture that one attempt’s to reform – when autobiographical narrative “wins,” it subverts its own most radical intentions by becoming an exemplar of the very culture under indictment
Coughlin 95—associate Professor of Law, Vanderbilt Law School. (Anne, REGULATING THE SELF: AUTOBIOGRAPHICAL PERFORMANCES IN OUTSIDER SCHOLARSHIP, 81 Va. L. Rev. 1229)
Although Williams is quick to detect insensitivity and bigotry in remarks made by strangers,
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publication record is itself sufficient evidence of the success of their endeavor. n200
Certainly, publication of a best seller may transform its author's life, with the
AND
Sacvan Bercovitch, "to have your dissent and make it too." n205

Performance is not a mode of resistance - it gives too much power to the audience because the performer is structurally blocked from controlling the (re)presentation of their representations.  Appealing to the ballot is a way of turning over one’s identity to the same reproductive economy that underwrites liberalism
Phelan 96—chair of New York University's Department of Performance Studies (Peggy, Unmarked: the politics of performance, ed published in the Taylor and Francis e-Library, 2005, 146
Performance’s only life is in the present. Performance cannot be saved, recorded,
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only a spur to memory, an encouragement of memory to become present.

F) No reason to vote neg- androcentraism doesn’t control our impacts
Hooper 1-Hooper, Research Associate @ Bristol, 1
Charlotte, University of Bristol research associate in politics, Manly States: Masculinities, International Relations, and Gender Politics pp 45-46.
Spike Peterson and Anne Sisson Runyan (1993), in their discussion of  gendered dichotomies
AND
performing only an ide-  ological or propagandistic role is also too simplistic.  

No single cause of violence
Muro-Ruiz 2 (Diego, London School of Economics, “The Logic of Violence”, Politics, 22(2), p. 116)
Violence is, most of the time, a wilful choice, especially if it
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approaches, since they each offer some understanding of the logic of violence.

Tournament: Vanderbilt | Round: 4 | Opponent: Emory AJ | Judge: Brian DeLong
Judicial action promotes public awareness that creates an effective political challenge to oppression
Serrano and Minami, ‘03  (Susan, Project Director, Equal Justice Society; J.D. 1998, William S. Richardson School of Law, University of Hawai', partner, Minami, Lew and Timaki, Asian Law Journal, Korematsu v. United States: A "Constant Caution" in a Time of Crisis, p. Lexis)
Today, a broadly conceived political identity is critical to the defense of civil liberties
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us every day to Asian Americans and other racial communities and beyond." n64

Liberalism is true and promotes peace
Recchia and Doyle 11
Stefano (Assistant Professor in International Relations at the University of Cambridge) and Michael (Harold Brown Professor of International Affairs, Law and Political Science at Columbia University), “Liberalism in International Relations”, In: Bertrand Badie, Dirk Berg-Schlosser, and Leonardo Morlino, eds., International Encyclopedia of Political Science (Sage, 2011), pp. 1434-1439, RSR
Relying on new insights from game theory, ¶ scholars during the 1980s and 1990s
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thriving, and ¶ it usefully complements liberal scholarship on the  democratic peace.

Tournament: ADA | Round: 5 | Opponent: Liberty CE | Judge: Terrell Taylor
2AC
Who Speaks for Gitmo
Being able to talk about your personal issues is the privilege that has allowed Shaker to be detained—who is here to speak about their experience at Guantanamo?—their position mirrors acts of distancing that say we should only focus on what’s in our purview—indefinite detention has maintained its legitimacy precisely because we view it as external to ourselves—we must bring the voices of those who can’t speak for themselves here- this is why the aff is a unique instance where opacity fails
Park 10
2010, James Park, “EFFECTUATING PRINCIPLES OF JUSTICE IN ENDING INDEFINITE DETENTION: HISTORICAL REPETITION AND THE CASE OF THE UYGHURS”, 31 Whittier L. Rev. 785
George Orwell once wrote in The Road to Wigan Pier regarding empire and the complicity
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after years of imprisonment without the subject of their innocence ever being addressed.

Rob
2AC- Role of Ballot
2) Agency and Activism- Simulated national security law debates provide unique pedagogical benefits- don’t disregard their relevance
Laura K. Donohue, Associate Professor of Law, Georgetown Law, 4/11/13, National Security Law Pedagogy and the Role of Simulations, http://jnslp.com/wp-content/uploads/2013/04/National-Security-Law-Pedagogy-and-the-Role-of-Simulations.pdf

The concept of simulations as an aspect of higher education, or in the law
AND
undoubtedly necessary, it suggests one potential direction for the years to come.

3) “Me-search”- the idea that our personal privilege should be the center of our discussion is the precise reason issues like Guantanamo continue- while personal politics are undoubtedly important, they should not come at the cost of discussing the outside world
Chandler 2009 (David Chandler is Professor of International Relations at the University of Westminster, “Questioning Global Political Activism”, What is Radical Politics Today?, Edited by Jonathan Pugh,  pp. 81-2)
Today more and more people are ‘doing politics’ in their academic work. This
AND
peers and colleagues at the level of political or intellectual debate and organisation. 

Link
AT: Advocating for the law does violence
It is best to discuss legal solutions while still taking a disenchanted view of the law - we recognize the futulity of the legal system; but we also know our words alone cannot solve structural problems – there are day to day struggles and suffering that require legal change

Angela P Harris, self described race and feminist scholar who teaches law at UC Davis in 1994 (Angela P. Harris (born c. 1959) is a legal scholar at UC Davis School of Law, in the fields of critical race theory, feminist legal scholarship, and criminal law. She held the position of Professor of Law at UC Berkeley School of Law, joining the faculty in 1988. In 2009, Professor Harris joined the faculty of the State University of New York at Buffalo Law School as a Visiting Professor. In 2010, she also assumed the role of Acting Vice Dean for Research and Faculty Development.1 In 2011, she accepted an offer to join the faculty at the UC Davis School of Law, and began teaching as a Professor of Law in the 2011-2012 academic year.2California Law Review¶ July, 1994¶ 82 Calif. L. Rev. 741¶ LENGTH: 21949 words Foreword: The Jurisprudence of Reconstruction NAME: Angela P. Harris BIO: Professor of Law, University of California, Berkeley, Boalt Hall School of Law. My thanks to Sheila Foster, Ed Rubin, Marjorie Shultz, and Jan Vetter for their helpful comments on previous versions of this essay. Thanks also to the editors at the California Law Review for their patience and persistence. Last, but not least, thanks to Jorge Sanchez for exemplary research assistance and thoughtful, searching commentary. All mistakes, misunderstandings, and misjudgments, of course, are mine. A picture of her can be found here http://law.scu.edu/socialjustice/women-law-stories-book-chapter-one/)  
B. Jurisprudence and Disenchantment ¶ In the previous Section, I identified the development
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made, is only one of meaning - neither magic nor the abyss.
Detainee
They are detainees- referring as prisoners would mean nothing happens for them
Sullivan, 13
(NYT Ombuds, 4/12, ‘Targeted Killing,’ ‘Detainee’ and ‘Torture’: Why Language Choice Matters, http://publiceditor.blogs.nytimes.com/2013/04/12/targeted-killing-detainee-and-torture-why-language-choice-matters/)
And Gene Krzyzynski, a veteran copy editor at The Buffalo News and a longtime
AND
serving a prison term, they are in an unusual status of limbo.”

Speaking for others- parker
Impact Debate
Universal Theory Fails

Impact and root cause is flawed – can’t explain all impacts as arising from white supremacy
Shelby 2007 – 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).

NOMMO BAD
Nommo Permutation

Nommo cannot change dominant culture – its refusal to forge relations with white supremacy means white supremacy sustains itself – only our permutation which invites dialogue about the two can be successful

Clark 2004 (Talk About Talk:Promises, Risks, and a Proposition Out of Nommo The Journal of Speculative Philosophy 18.4 (2004) 317-325, Lynn)

If black and white racial division is a cause for concern in the U.
AND
thinking and their pernicious affects on black and white Americans, and others.

Tournament: Navy | Round: 1 | Opponent: USMA BS | Judge: DJ Spiker
Alt doesn’t solve detention- there is a trade-off between their method and Geneva endorsement- and our method solves best
Jenks 11 (INDEFINITE DETENTION UNDER THE LAWS OF WAR Chris Jenks* and Eric
AND
LAW and POLICY REVIEW Vol. 22:1 Page Lexis)
Those who would deconstruct the law of war as applied to detention stemming from armed
AND
the right balance between the security of the nation and the rights of individuals

2AC Pos Peace
Crisis politics is good—key to foreign policy analysis
Eric K. Stern 2003 Associate Professor of Government at Uppsala University, Director of the Center for Crisis Management Research and Training, Swedish National Defense College, senior research fellow at the Swedish Institute of International Affairs (International Studies Review (2003) 5, 155–202, Crisis Studies and Foreign Policy Analysis: Insights, Synergies, and Challenges)
For good and ill, the development of foreign policy analysis has been and will
AND
contributions that the interdisciplinary discourse on crisis can make to the FPA agenda. 

Torture
Judicial Review is key to preventing torture
Amnesty 5 (Amnesty International USA, Guantanamo, and Beyond: The Continuing Pursuit of Unchecked Executive Power, May 13, 2005, http://web.amnesty.org/library/Index/ENGAMR510632005)
Judicial review of the lawfulness of detentions is a fundamental safeguard against arbitrary detention,
AND
of "necessity" or "self-defence" (see below).

Torture is a deontological evil that must be rejected
Gross 4 (Oren Gross, Professor, Law, University of Minnesota, MINNESOTA LAW REVIEW, June 2004, p. 1492-1493.)
Absolutists - those who believe that an unconditional ban on torture ought to apply without
AND
as a trump or side constraint on welfare maximization in all possible cases."

Tournament: Kentucky | Round: 4 | Opponent: Harvard KS | Judge: Eric Morris
The alternative should be evaluated based on their ability to engage 1AC institutions- society shapes individual beliefs and create behavioral patterns for macro-level trends- their pedagogy is irrelevant absent a method of engagement
Wight – Professor of IR @ University of Sydney – 6
(Colin, Agents, Structures and International Relations: Politics as Ontology, pgs. 48-50 

One important aspect of this relational ontology is that these relations constitute our identity as
AND
upon it, upon its specific characteristics, its constants and its variables’.

Alt doesn’t solve detention- engagement is key
Jenks and Talbot-Jensen 11 (INDEFINITE DETENTION UNDER THE LAWS OF WAR Chris
AND
LAW and POLICY REVIEW Vol. 22:1 Page Lexis)

Those who would deconstruct the law of war as applied to detention stemming from armed
AND
the right balance between the security of the nation and the rights of individuals

Liberalism is true and promotes peace
Recchia and Doyle 11
Stefano (Assistant Professor in International Relations at the University of Cambridge) and Michael (Harold Brown Professor of International Affairs, Law and Political Science at Columbia University), “Liberalism in International Relations”, In: Bertrand Badie, Dirk Berg-Schlosser, and Leonardo Morlino, eds., International Encyclopedia of Political Science (Sage, 2011), pp. 1434-1439, RSR
Relying on new insights from game theory, ¶ scholars during the 1980s and 1990s
AND
over strategies), thus engendering ¶ positive feedback loops of increased overall cooperation. 

For these reasons, international regime ¶ theory is not, properly speaking, liberal
AND
thriving, and ¶ it usefully complements liberal scholarship on the  democratic peace. 

Our speech act is sufficient to solve- the affs introduction of detention to the public consciousness creates effective political movements for change
Cole 12 (David Cole is a Professor of Law, Georgetown University Law Center, “Legal Affairs: Dreyfus, Guantanamo, and the Foundation of the Rule of Law, 29 Touro L. Rev. 43)
Moreover, while district courts exercising habeas corpus jurisdiction initially ruled in favor of the
AND
n81 At stake is nothing less than the nature of our constitutional culture.

 Whether, after the next attack, we repeat our mistakes or respond in
AND
values of the Constitution, the rule of law, and human rights.
Adopting legal tactics are vital for movements that seek to promote the rights of the disempowered

Hair 01
(Penda D Louder than Words:Lawyers, Communities and the Struggle for Justice, http://www.racialequitytools.org/resourcefiles/hair.pdf, Penda D. Hair is Co-Director of the Advancement Project at the Rockafeller Foundation, The many lawyers, clients, community organizations and activists whose visionary work in the field is reflected herein generously shared their time, experiences, lessons and mistakes, as well as triumphs. This is their report. I have tried to be an accurate and thoughtful recorder. Dayna L. Cunningham, Associate Director of the Rockefeller Foundation’s Working Communities Division, conceived this project and brought together the people and the resources to bring it to fruition. Her penetrating ideas on race and lawyering infuse every page of the Report. As important, her strong belief in the project and her incredible determination inspired the author and the advisers, and pushed this work to completion. Susan P. Sturm, Professor of Law, Columbia Law School, and Lani Guinier, Professor of Law, Harvard Law School, were participants from the inception, helping to frame the project, identify case studies and put together the larger group of advisers. Angela Glover Blackwell, then Vice President of the Rockefeller Foundation (now President of PolicyLink, a national organization working to identify, support and promote local policy innovation), played a critical role in initiating and supporting this project and provided many valuable insights. Fifteen advisers guided the development of this report. Coming from national civil rights organizations, local public-interest law centers, universities and foundations, all of the advisers in their separate capacities have been deeply involved in the struggle for justice for many years. Their commitment to this project has been unwavering. )

THE CONTINUING IMPORTANCE OF STRATEGIC LITIGATION Even with judicial cutbacks in legal protections for minorities
AND
an important space for making public the often-hidden stories of marginalized people 

and for connecting those stories to disputed policies. A well-placed tactical intervention
AND
1 Public Interest Law Journal, at 169, 185 (1991). 142

Tournament: GSU | Round: 6 | Opponent: Northwestern MP | Judge: John Nagy
The alternative should be evaluated based on their ability to engage 1AC institutions- society shapes individual beliefs and create behavioral patterns for macro-level trends- their pedagogy is irrelevant absent a method of engagement
Wight – Professor of IR @ University of Sydney – 6
(Colin, Agents, Structures and International Relations: Politics as Ontology, pgs. 48-50 

One important aspect of this relational ontology is that these relations constitute our identity as
AND
upon it, upon its specific characteristics, its constants and its variables’.

Alt doesn’t solve detention- engagement is key
Jenks and Talbot-Jensen 11 (INDEFINITE DETENTION UNDER THE LAWS OF WAR Chris
AND
LAW and POLICY REVIEW Vol. 22:1 Page Lexis)

Those who would deconstruct the law of war as applied to detention stemming from armed
AND
the right balance between the security of the nation and the rights of individuals
Our perceptions of the rule of law are good – prevents liberal democracies from sliding into totalitarianism by eliminating instances of exclusion
Heins 5 (Volker- Professor of Political Science Concordia, “Giorgio Agamben and the Current State of Affairs in Humanitarian Law and Human Rights Policy” German Law Journal, Vol 6 No 5)
According to this basic Principle of Distinction, modern humanitarian action is directed towards those
AND
to identify reliable evidence for war crimes from exhumed bod- ies.39

Tournament: GSU | Round: 7 | Opponent: Emory KM | Judge: Jonathan Paul
The alternative should be evaluated based on their ability to engage 1AC institutions- society shapes individual beliefs and create behavioral patterns for macro-level trends- their pedagogy is irrelevant absent a method of engagement
Wight – Professor of IR @ University of Sydney – 6
(Colin, Agents, Structures and International Relations: Politics as Ontology, pgs. 48-50 

One important aspect of this relational ontology is that these relations constitute our identity as
AND
upon it, upon its specific characteristics, its constants and its variables’.

Consquences first – always VTL
Bernstein ‘2
(Richard J., Vera List Prof. Phil. – New School for Social Research, “Radical Evil: A Philosophical Interrogation”, p. 188-192)
There is a basic value inherent in organic being, a basic affirmation, and#34;
AND
, include the future wholeness of Man among the objects of your will.and#34;

Securitization is crucial to politicization and breaks down antagonism- their theory is wrong and their alt is worse
Trombetta ‘8 (Maria Julia Trombetta, (Delft University of Technology, postdoctoral researcher at the department of Economics of Infrastructures) 3/19/08 http://archive.sgir.eu/uploads/Trombetta-the_securitization_of_the_environment_and_the_transformation_of_security.pdf

On the one hand, an approach that considers the discursive formation of security issues  
AND
School and is  the strongest opponent of any attempt to securitize the environment.

Tournament: Vanderbilt | Round: 4 | Opponent: Emory AJ | Judge: Brian DeLong
You’ve conceded that terror is inevitable that’s sufficient justification of our reps.  And describing terrorists as threats is key to solvency
O’Sullivan 01 (John, Editor-in-chief of United Press International, National Review Online, Sept 25, http://www.nationalreview.com/jos/josprint092501.html)
It is terrorists hijacking planes who put themselves on a different and lower level to
AND
small step, but an unnecessary one. And it should be retraced.

Terrorists want to destroy America and will never accept our existence—the neg’s arguments presume to understand terrorist motives better than the terrorists themselves do
ELSHTAIN 2003  
(Jean Bethke, Prof of Social and Political Ethics at U Chicago, Just War Against Terrorism, p. 94-95)

Those who do not argue outright that the United States is the author of its
AND
this seems to have seeped into the “Yes, but…” crowd.

Tournament: Kentucky | Round: 4 | Opponent: Harvard KS | Judge: Eric Morris
Threats real and not constructed—urgency of required action is the basis for determination
Knudsen 1– PoliSci Professor at Sodertorn (Olav, Post-Copenhagen Security Studies, Security Dialogue 32:3)
Moreover, I have a problem with the underlying implication that it is unimportant whether
AND
instance), not least to find adequate democratic procedures for dealing with them.

. No impact – threat construction isn’t sufficient to cause wars
Kaufman ‘9 (Prof Poli Sci and IR – U Delaware, ‘9 (Stuart J, “Narratives and Symbols in Violent Mobilization: The Palestinian-Israeli Case,” Security Studies 18:3, 400 – 434)
Even when hostile narratives, group fears, and opportunity are strongly present, war
AND
and opportunity spur hostile attitudes, chauvinist mobilization, and a security dilemma.

the alt locks in status quo power structures and makes war inevitable
McCormack 10 (Tara McCormack, ’10, is Lecturer in International Politics at the University of Leicester and has a PhD in International Relations from the University of Westminster. 2010, Critique, Security and Power: The political limits to emancipatory approaches, page 59-61)
A corollary of this retreat from a political interpretation of conflict or social instability,
AND
reflect the increased freedom of the international community to intervene in other states.

Tournament: GSU | Round: 4 | Opponent: Houston AA | Judge: Nate Cohn
Congress canand#39;t violate I-law post plan
Kundmueller 2002  Michelle, Journal of Legislation, p. lexis
This section of this Note, on the legal authority of customary international law vis
AND
spectrum of outcomes and the legal and political issues yet to be determined.

Your evidence doesn’t apply to our mechanism- circumvention happened before because rulings weren’t explicit restrictions
Bradely 10 (Curtis is the William Van Alstyne Professor of Law, Professor of Public Policy Studies, and Senior Associate Dean for Faculty and Research at the Duke University School of Law, “CLEAR STATEMENT RULES AND¶ EXECUTIVE WAR POWERS”, http://www.harvard-jlpp.com/wp-content/uploads/2010/01/bradley.pdf)
The Court’s decision in Boumediene v. Bush4 might seem an¶ aberration in this
AND
the courts than about prohibiting the executive from¶ exercising statutorily conferred authority.

Combining statutory and judicial restrictions effectively limits the executive
Aziz Z. Huq 12, Assistant Professor of Law, University of Chicago Law School, and#34;Binding the Executive (by Law or by Politics)and#34;, May 25, www.law.uchicago.edu/files/file/400-ah-binding.pdf
There is some merit to this story. But in my view it again understates
AND
account of executive discretion that omits law and legal institutions will be incomplete .

Tournament: GSU | Round: 4 | Opponent: Houston AA | Judge: Nate Cohn
Don’t need a test case

O’Brien 5 (David M., Professor of Judicial Politics and Public Law – Woodrow Wilson Department of Politics at the University of Virginia, Storm Center: The Supreme Court in American Politics, p. 170-171)

Although most cases now come as certiorari petitions, Congress provides that appellate courts may
AND
courts or public officials either to do something or refrain from some action. 

Court can find a test case for anything

Adamany ’90 David, Professor @ Wayne State, The American Courts: A Critical Assessment, p. 9

Since Congress adopted the Judges Bill of 1925, most cases on the appellate and
AND
ordered reargument to determine whether an earlier decision should be reconsidered and changed.

Tournament: Vanderbilt | Round: Quarters | Opponent: Emory DK | Judge: Layton, Sciullo, Mathis
Ruling on the Geneva Conventions is a restriction
Wolensky 9 (Spring, 2009¶ Chapman Law Review¶ 12 Chap. L. Rev. 721¶ LENGTH: 10495 words Comment: Discretionary Sentencing in Military Commissions: Why and How the Sentencing Guidelines in the Military Commissions Act Should be Changed* * This article was initially written and published when the state of military commissions were in flux. It reflects the events regarding military commissions up to and through April 2009. However, an important decision was made by President Obama in May of 2009. See William Glaberson, Obama Considers Allowing Please by 9/11 Suspects, N. Y. Times, June 6, 2009, at A1, A12. Obama decided to continue the use of military commissions under a new set of rules which provide more protections for detainees. Id. Due to the timing of publication, this decision is not incorporated in this article. Although Obama has decided to continue the military commissions, he has not finalized a set of rules. Id. This article serves as a recommendation for changes to the rules of the Military Commissions Act, which Congress and the Obama Administration should consider. NAME: Brian Wolensky)
One of the main treatises included in the Law of War is the Third Geneva
AND
States is bound by it when it establishes and uses military commissions. n32

3) we only rule on article five- their violation is based on article 11 they are different- here’s article five text in case you where wondering:
http://www.icrc.org/ihl/WebART/375-590008?OpenDocument
The present Convention shall apply to the persons referred to in Article 4  Link  from the time they fall into the power of the enemy and until their final release and repatriation.
Should any doubt arise as to whether persons, having committed a belligerent act and
AND
until such time as their status has been determined by a competent tribunal.

Counter-interpretation- indefinite detention is detaining an arrested person without trail that’s a quote from
US LEGAL 13 (http://definitions.uslegal.com/i/indefinite-detention/, “Indefinite Detention”)

Indefinite detention is the practice of detaining an arrested person by a national government or
AND
violate many national and international laws. It also violates human rights laws.

 Using the convention meets the restriction
Barron 8 (Professor of Law, Harvard Law School, Harvard Law Review, January 2008, Retrieved 6/1/2013, Lexis/Nexis)

2. Armed Conflict Against Terrorist Organizations and Preexisting Framework Statutes. - Beyond this
AND
enemies with respect to the methods of battle and the treatment of prisoners.

Tournament: Kentucky | Round: 4 | Opponent: Harvard KS | Judge: Eric Morris
War power authority does not require use of military during war time – applies at all times

Manget 87 (http://media.nara.gov/dc-metro/rg-263/6922330/Box-10-114-7/263-a1-27-box-10-114-7.pdf, declassified document, “PRESIDENTIAL WAR POWERS” accessed 8/17/13)

The President's war powers autho ity is actually a national defense power ¶ that exists
AND
defense and the prosecution of national ¶ objectives through military means. "¶ 39

Authority and power are interchangeable
Virginia E. Sloan No date¶ President and Founder¶ Director, Death Penalty and Right to Counsel Initiatives¶ Co-Director, Sentencing Initiative ¶ , http://www.constitutionproject.org/pdf/28.pdf
Congress tried to settle these disputes by passing the War Powers Resolution in 1973¶
AND
on narrow grounds that shed little light¶ on broad war powers questions.

The conventions restrict how we act during wartime- 2AC interp ev says that’s T
Wolensky 9 (Spring, 2009¶ Chapman Law Review¶ 12 Chap. L
AND
which Congress and the Obama Administration should consider. NAME: Brian Wolensky)
One of the main treatises included in the Law of War is the Third Geneva
AND
States is bound by it when it establishes and uses military commissions. n32

Tournament: GSU | Round: 1 | Opponent: Missouri State BR | Judge: Austin Woodruff
2) Ruling on the Geneva Conventions is a restriction
Wolensky 9 (Spring, 2009¶ Chapman Law Review¶ 12 Chap. L
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which Congress and the Obama Administration should consider. NAME: Brian Wolensky)
One of the main treatises included in the Law of War is the Third Geneva
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States is bound by it when it establishes and uses military commissions. n32

Counter-interpretation- treaty-based regulations constitute a restriction/regulations are restrictions
Barron 8 (Professor of Law, Harvard Law School, Harvard Law Review, January 2008, Retrieved 6/1/2013, Lexis/Nexis)

2. Armed Conflict Against Terrorist Organizations and Preexisting Framework Statutes. - Beyond this
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enemies with respect to the methods of battle and the treatment of prisoners.

Tournament: Kentucky | Round: 2 | Opponent: Georgetown EM | Judge: Peter Susko
Indefinite detention means holding without trial

US LEGAL 13 (http://definitions.uslegal.com/i/indefinite-detention/, “Indefinite Detention”)

Indefinite detention is the practice of detaining an arrested person by a national government or
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violate many national and international laws. It also violates human rights laws.