Tournament: 2013babyjo | Round: 4 | Opponent: Kansas State Scott-Stidham | Judge: Kirk

1NC- Drone Prolif

1. No impact —aggressors don’t have the intel or experience to be capable of attack
   Admiral Dennis Blair, Former Director of National Intelligence, "U.S. Drone Strike Policies: Speakers: Admiral Dennis Blair, Former Director of National Intelligence, and Micah Zenko, Douglas Dillon Fellow," Conversation at CFR, January 22, 2013.
   OPERATOR: Our next question comes from KT McFarland with Fox News.¶ QUESTIONER:
   AND
   cause us to have to take some more defensive measures in the future.
   2. No prolif – no major prolif over next 10 years – too costly and not effective enough
   Micah Zenko, Douglas Dillon fellow in the Center for Preventive Action (CPA) at the Council on Foreign Relations (CFR). "Reforming U.S. Drone Strike Policies," CPA at CFR, Council Special Report No. 65, January 2013.
   Based on current trends, it is unlikely that most states will have, within
   AND
   will undertake the significant investment required for armed drones in the near term.
   3. Expansion of drones is inevitable—Manufacturers want money and human operated aircraft aren’t being developed anymore
   Right Vision News 2012
   ~Pakistani news agency, "Pakistan: 76 countries acquire drones, pose new threat to global security," 03 Oct 2012, proquest, wyo-sc~
   ¶ Recently, in an unconfirmed report, it was alleged that Israel used a
   AND
   of unmanned aerial systems than fighter and bomber pilots combined, the report added

Other countries won’t model the nature of our drones—they don’t have the intelligence or need for global strike capabilities
Roberts 2013 ~Kristin, News Editor for National Journal, "When the Whole World Has Drones," National Journal, 3/22/2013, Academic Search Premier, wyo-sc~
Other countries, groups, and even individuals can and do fly drones. But
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long-duration surveillance and potentially strike inside and right on its border."

Drone Prolif Adv

No drone prolif – armed drone exports low – MTCR and Israeli constraints

Micah Zenko, Douglas Dillon fellow in the Center for Preventive Action (CPA) at the Council on Foreign Relations (CFR). "Reforming U.S. Drone Strike Policies," CPA at CFR, Council Special Report No. 65, January 2013.
In the absence of an indigenous armed drone capacity, interested states are looking to
AND
"fully developed ~armed drone~ product will take another decade."60

No risk of Drone Wars—Antiquated air defense and simple jamming check back

Lewis 2012 ~Michael W. Lewis, Associate Professor of Law at Ohio Northern University Pettit College of Law, "SYMPOSIUM: THE 2009 AIR AND MISSILE WARFARE MANUAL: A CRITICAL ANALYSIS: Drones and the Boundaries of the Battlefield," Spring, 2012, Texas International Law Journal, wyo-sc~
Like any weapons system drones have significant limitations in what they can achieve. Drones
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for drone use will most often be found in counterinsurgency or counterterrorism operations.

Tournament: UMKC | Round: 2 | Opponent: Kansas CD | Judge: Petit

1NC- Heg Advantage

New great powers are rising and will soon be on par with the us—prefer our evidence because it cites the two most important indicators of a power shift

Layne 12
~Chris, Professor of IR and Political Science at Texas A26M, "This Time It’s Real: The End of Unipolarity and the Pax Americana", p. online wyo-tjc~
American decline is part of a broader trend in international politics: the shift of
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, potential great powers have been positioning themselves to challenge the United States.

Multipolarity will arrive in two decades as other powers catch up to the US—transition to offshore balancing now is key to avoid unending cycles of warfare

Layne 9
~Christopher, Professor of Political Science at Texas A26M, Review of International Studies, "America’s Middle East grand strategy after Iraq: the moment for offshore balancing has arrived", 2009, p. asp~
Some primacists believe that the US is immune to being counter-balanced because,
AND
– new great powers inevitably will emerge in the next decade or two.

Conflict with China is inevitable unless we accept retrenchment—no amount of accommodation or good relations can avoid a hegemonic clash

Layne 12
~Chris, Professor of IR and Political Science at Texas A26M, "This Time It’s Real: The End of Unipolarity and the Pax Americana", p. online wyo-tjc~
Revealingly, Ikenberry makes clear this expectation when he says that the deal the United
AND
and Southeast) Asia, Washington and Beijing are on a collision course.
EXTENDED DETERRENCE GUARANTEES WAR WITH CHINA WITHIN 10 YEARS—TAIWAN DISPUTE

Layne in ’7
~Christopher, Professor of Political Science @ Texas A26M, American Empire: A Debate , P. 75 wyo-tjc~
Finally, Taiwan is a powder-keg issue in Sino-American relations.
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the immediate future, but almost certainly within the next decade or so.
SECOND, WAR WITH CHINA LEADS TO DETERRENCE BREAKDOWNS AND NUCLEAR HOLOCAUST

Johnson in 1
~Chalmers, "Time to Bring the Troops Home", The Nation, May 14, p. lexis  wyo-tjc~

China is another matter. No sane figure in the Pentagon wants a war with
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forward-deployed US forces on China’s borders have virtually no deterrent effect.

A collapse of US hegemony is inevitable due to rising challengers, decline in US power as proved by Afghanistan and Iraq, and how IR works

Liu et al 12
(Debin Liu, security analyst and researcher. Rizwan Naseer, security analyst and researcher. Musrat Amin, security analyst and researcher. "Withering Hegemony of US and Evolving De-centered Globalism: A Theoretical account" Winter 2012 Proquestwyoccd)
Hegemonic stability theory served the idea very well in post world war II scenario when
AND
-free from the deadweight of imperial military commitments (Ferguson, 2004).

Hegemony is empirically unstable due to a narrowing of gap in terms of military superiority, technology, and economic power, all culminated with the balancing of rising powers. Prefer our evidence because it comes from the most renown and supported political scholarship

Liu et al 12
(Debin Liu, security analyst and researcher. Rizwan Naseer, security analyst and researcher. Musrat Amin, security analyst and researcher. "Withering Hegemony of US and Evolving De-centered Globalism: A Theoretical account" Winter 2012 Proquestwyoccd)
The concept of balance of power is considered as one of the oldest and fundamental
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and policies can be challenged by dissenter powers (Zhang, 201 1).

Tournament: Gonzaga | Round: 1 | Opponent: Whitman College Kochman-Hauck | Judge: Gordon

Signature strikes are key to thin the ranks of Al-Qaeda—-they make it impossible for militants to keep pace with their rates of losses

Philip Mudd 13, was a senior official at the CIA and the FBI, now director of global risk at SouthernSun Asset Management, 5/24/13, "Fear Factor," http://www.foreignpolicy.com/articles/2013/05/24/fear_factor_signature_strikes
The impact of armed drones during the decade-plus of this intense global counterterrorism
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of Pakistan. The threat was fading steadily. But not fast enough.
So-called signature strikes — in which target selection is based not on identification
AND
the revolutionary leader, but it was the troops who executed his vision.
Signature strikes have pulled out these lower-level threads of al Qaeda’s apparatus —
AND
terror organizations, destroying their operational capability faster than the groups can recover. 

Targeting low-level militants is key to all aspects of counter-terror—-in-depth network analysis means the people we target don’t seem important to observers, but they’re actually vital to the effectiveness of terror groups

Gregory McNeal 13, Associate Professor of Law, Pepperdine University, 3/5/13, "Targeted Killing and Accountability," http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1819583-http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1819583
This becomes obvious when one considers that national security bureaucrats will look beyond criticality and vulnerability, and also engage in network-based analysis. Network-based analysis looks at terrorist groups as nodes connected by links, and assesses how components of that terrorist network operate together and independently of one another.143 Contrary to popular critiques of the targeting process that liken it to a "haphazardly prosecuted assassination program," in reality modern targeting involves applying pressure to   their functionality.144
To effectively pursue a network-based approach, bureaucrats rely in part on what
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vulnerable, thus negating the enemy’s asymmetric advantage of denying a target."151
Viewing targeting in this way demonstrates how seemingly low-level individuals such as couriers
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function, disrupting those lines of communication can significantly impact those networks.157

Casualties are way down and drones are far more precise than alternatives—-our ev uses the best data

Michael Cohen 13, Fellow at the Century Foundation, 5/23/13, "Give President Obama a chance: there is a role for drones," The Guardian, http://www.theguardian.com/commentisfree/2013/may/23/obama-drone-speech-use-justified
Drone critics have a much different take. They are passionate in their conviction that
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, drone strikes are a far more humane method of war-fighting.

No signature strikes causes raiding—causes excessive killing and spurs extortive governments

Dan Trombly 13, National Security/International Affairs Analyst, Caerus Analytics, LLC, 5/29/13, "I Might Need You To Kill: Signatures, Patterns, and Alternatives," http://www.cnas.org/blogs/abumuqawama/2013/05/i-might-need-you-kill-signatures-patterns-and-alternatives.html
Of course, it is important to note these violent dynamics are hardly unique to
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wealthy liberal 3rd-party interventions might try to steer their clients towards.

Pakistan instability and US-Pakistan relations tanked inevitably – laundry list and history of hate

Bruce Riedel, Senior Fellow, Foreign Policy, Saban Center for Middle East Policy, Center for 21st Century Security and Intelligence, Panel "THE BROOKINGS INSTITUTION¶ THE UNITED STATES, INDIA, AND PAKISTAN:¶ TO THE BRINK AND BACK," Brookings, February 26, 2013.
MS. BROWN: What do you think can be expected now for women in
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of ¶ democracy, good governance, the rule of law, accountability.

No Indo-Pak war

Mutti 9— Master’s degree in International Studies with a focus on South Asia, U Washington. BA in History, Knox College.  over a decade of expertise covering on South Asia geopolitics, Contributing Editor to Demockracy journal (James, 1/5, Mumbai Misperceptions: War is Not Imminent, http://demockracy.com/four-reasons-why-the-mumbai-attacks-wont-result-in-a-nuclear-war/)
Fearful of imminent war, the media has indulged in frantic hand wringing about Indian
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and is using its regional influence to bring more diplomatic pressure on Pakistan.  

No Escalation—No Vital Interests for Great Power War In Central Asia.

Weitz 06 
~Richard Weitz, senior fellow and associate director of the Center for Future Security Strategies at the Hudson Institute, Summer 2006. The Washington Quarterly, lexis.~
Central Asian security affairs have become much more complex than during the original nineteenth-
AND
the vital national interests of China, Russia, or the United States, 

the most important extraregional countries in Central Asian security affairs. Unless restrained, however
AND
opportunities for cooperative diplomacy in a region where bilateral ties traditionally have predominated.

No impact to Pakistani loose nukes – they’re separated.

Koring, ’9
~Paul, Globe and Mail, "Pakistan’s nuclear arsenal safe, security experts say", 10-16-9
http://www.theglobeandmail.com/news/world/pakistans-nuclear-arsenal-safe-security-experts-say/article1325820/
Pakistan’s nuclear-weapons security is modeled on long-standing safeguards developed by the
AND
radioactive material over a small area, but is not a nuclear blast.

Tournament: UNLV | Round: 4 | Opponent: Weber BS | Judge: Alyssa Lucas-Bolin

Case

Feminist essentialism replicates racism and gender binaries due to the lack of focus on intersectionality, leads to irreparable psychic violence committed against racial and ethnic minorities, permanently preventing coalition building
Dixon 8
~DIXON, S.J.D. Candidate, Harvard Law School, 2008
Rosalind, MAIN ARTICLE: FEMINIST DISAGREEMENT (COMPARATIVELY) RECAST, 31 Harv. J.L. 26 Gender 277~

The downsides to feminists carrying a brief for women will be present in an intersectional
AND
of selective tuning out to feminism are to be countered via this method.

Feminism gets coopted by the right-furthers the politicization of the female body and employs a politics that relies on heternormative practices for political legitimacy
Berlant 94
~Lauren  Berlant  "America, Fat, the Fetus" Boundary 2, Vol. 21, ~23 3. (Autumn, 1994), pp. 145-195  Dept. of Eng 26 Lit @ Univ of Chicago~

Most Anglo-American feminist work on the politics of fetal personhood has focused on
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continuity between feminine value and motherhood but threatens the national future as well.   
Organicism DA- Condemns queer bodies to abjection in the search for organic female purity
Bray 01
~"Not woman enough: Irigaray’s culture of difference" Feminist Theory December 2001 vol. 2 no. 3 311-327 Prof @ Murdoch Univ Accessed at sagepub~

pg. 320-21
As Gomel comments: Equality equals sameness which is a delusion, since male and
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then sexual difference becomes overvalued as a redemptive, purifying and healing force.

Realism solves the impact-insists on diplomacy, humility, and resolving conflict in a non-violent manner if at all possible
Murray 97
~Alastair J.H. Murray, Politics Department, University of Wales Swansea, Reconstructing Realism, 1997, p. 192uwyokb~

Consequently, it is not surprising that the third strut of this feminist epistemology,
AND
a unified human standpoint which, with modifications, serves us reasonably well.

Tournament: UNT | Round: 6 | Opponent: Trinity Rothenbaum-Solice | Judge: Box

1NC

The United States Congress should pass and an appropriate number of the states should ratify a constitutional amendment to apply a clear statement principle to presidential war powers authority that the Suspension Clause applies to individuals detained at the will of the United States

More solid framework is needed to maintain the constitution on issues like indefinite detention than the courts or congressional legislation—Bush proves

Chemerinsky 6
~Chemerinsky, Erwin: Alston 26 Bird Professor of Law and Political Science, Duke University. "Assault on the Constitution: Executive Power and the War on Terrorism." UC Davis Law Review. 40.1 (2006): n. page. Web. 30 Jul. 2013. http://heinonline.org/HOL/Page?handle=hein.journals/davlr4026div=726g_sent=126collection=journals. Wyo-BF~
 Over thirty years ago, during the Nixon presidency, noted historian Arthur M
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administration’s approach to executive power is unprecedented and antithetical to basic constitutional principles.

2NC

2NC Solvency Extension

Lack of clarity is inevitable with the plan – only a constitutional amendment solves
Omestad 8 (Thomas, Senior Writer – U.S. Institute of Peace, "Clearing Up a President’s War-Making Powers," US News, 7-9, http://www.usnews.com/news/articles/2008/07/09/clearing-up-a-presidents-war-making-powers-http://www.usnews.com/news/articles/2008/07/09/clearing-up-a-presidents-war-making-powers)

The report represents one of the more practical attempts to deal with the accumulation of
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United States decides to resolve it or unless we have a constitutional amendment."
The current system is marked by confusion—and de facto disregard for the law
AND
Meese, an attorney general in the Reagan years and a commission member.
Yet many in Congress have been reluctant to press their role in deciding on war, even as they score partisan points about putting soldiers in harm’s way or incompetent war planning.
Though a constant of recent decades, the lack of clarity over war powers could well shoot back to the fore in times of crisis. The House and Senate are considering hard-hitting resolutions on Iran that critics contend could be cited by the Bush administration as providing legal standing for initiating a war.
The latest effort to bring reform to the war powers question wouldn’t block a president from acting, but it would demand that he or she consult—and that Congress take a clear stand—on future wars.

The system is inherently confusing – ONLY amendments solve, the aff CAN’T
Goldstein 88 (Yonkel, J.D. – Stanford Law School, "The Failure of Constitutional Controls over War Powers in the Nuclear Age: The Argument for a Constitutional Amendment," Stanford Law Review, July, 40 Stan. L. Rev. 1543, Lexis)

CONCLUSION
The control of nuclear weapons is an issue of paramount importance. This control is
AND
is defunct. It is past time to develop a new control system.
The amendment I propose attempts to develop such a system in the context of the
AND
solid framework in which answers to those questions can begin to take shape.

Amendments CPs Good

Amendment CPs are good:

Key to test the agent of the judicial restriction agent-the Supreme Court

Comparative institutional analysis refers to comparisons between the three branches of government

Schuck, 05  (Peter, professor of law at Yale, Suing the Gun Industry: A Battle at the Crossroads of Gun Control and Mass Torts, ed: Timothy Lytton, http://www.press.umich.edu/pdf/gun_litigation-ch9.htm-http://www.press.umich.edu/pdf/gun_litigation-ch9.htm)

Institutional comparison is rooted historically in the legal process school of jurisprudence strongly identi‹
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media, the gun industry, gun control groups, and the market.

Advocacy: comparative insitutional analysis is vital to  participatory activism for social justice

Komesar, 94  (Neil, professor of law at the University of Wisconsin, Imperfect Alternatives: Choosing Institutions in Law, Economics, and Public Policy, p. 41-42)

Even the constitutions of totalitarian states have contained high-sounding announcements of rights.  
AND
from Boomer are even more appropriate with more complex definitions of the good.

That is key to testing the overall education on the two agents of the resolution

CP is predictable-one of the most generic CPs on the topic. Predictability is the key internal link to fairness

Our counterplan is predictable and good for debate.

Forsythe and Presser ’06
~Clarke D. Director of the Project in Law 26 Bioethics @ American United for Life and Stephen B., Prof of Legal History @ Northwestern U School of Law, 10 Tex. Rev. Law 26 Pol. 301, ln~
Our constitutional system provides only two ways to overturn a Supreme Court holding interpreting the
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move future Justices closer to the point of finally overturning this tragic decision.

Object fiat not bad- forces you to defend the reasons why your model is good and that your mechanism is necessarily better.

At best it is reject the argument not the team

1NC- N/L Deference

Amendments avoid the link – prior, congressional guidance is key to resolve issues of justiciability – the plan and perm violate SOP by ruling on a political question

Miksha 3 (Andre, Chief Deputy Prosecuting Attorney – Hamilton County Prosecutor’s Office (24^th Judicial Circuit), "Declaring War on the War Powers Resolution," Valparaiso University Law Review, 37 Val. U. L. Rev. 651, http://scholar.valpo.edu/cgi/viewcontent.cgi?article=126426context=vulr-http://scholar.valpo.edu/cgi/viewcontent.cgi?article=126426context=vulr)

III. THE INFIRMITIES OF THE WAR POWERS RESOLUTION
Given almost thirty years of history, the War Powers Resolution has been criticized as a dead letter and a total failure. n120 Not only has the Resolution been a total failure in fulfilling its stated purposes, but the  ~*676~  Resolution also suffers from inherent constitutional failings. n121 This Note argues that these ills result from several factors.
First, the Resolution fails to meet the demands of the Constitution because it designs
AND
of American civilian-military decision-making is a constitutional amendment. n125
A. Constitutional Concerns
Although the Resolution began with genuine and virtuous aspirations, it created a system of
AND
value of discourse and accountability by allowing the President to act unilaterally. n127

1. Separation of Powers and Delegation
   The Constitution is the document that established the separation of powers and the structure of
   AND
   of the branches of government in a manner consistent with the Constitution itself.
   a. General Constitutional Construction
   The Constitution gives to Congress the enumerated power to declare war and to the President the power and responsibility to conduct those operations as Commander in Chief. n130 The Framers’ make/declare debate shows that they wished Congress to hold the power to initiate hostilities. n131 The early courts were also clear that the President’s role was the prosecution of war. n132
   The Resolution allows the President to initiate hostilities in some circumstances, but the Resolution’s
   AND
   states that federal laws must be made in accordance with the Constitution. n134
   Some commentators, however, argue that the Framers purposely left the war powers in
   AND
   of power, and the Resolution does not represent a proper delegation. n139
    ~*679~  b. Improper Delegation of Power
   Congress may delegate limited powers that it has been given by the Constitution. n140
   AND
   a closer legal analysis reveals that the Resolution was not a proper delegation.
   The War Powers Resolution states a purpose and policy but does not provide any guidance
   AND
   President, the provisions of the War Powers Resolution are very weak. n145
   Section 2(b) states that Congress has the power to make all laws necessary and proper for carrying into execution its own powers and all other constitutional powers. n146 However, Congress may not wholly delegate legislative powers. n147 The courts have allowed Congress some  ~*680~  leeway in this area, but only where Congress has provided sufficient guidance that the President is not working in a vacuum.
   Section 2(c) states that the President may only act pursuant to a
   AND
   comply with this section by claiming a general unilateral right to take action.
   Through these provisions, the Resolution does not create an "intelligible principle" by
   AND
   armed forces into hostilities. A proper delegation of power requires no less.
   c. Impossible Delegation of Legislative Power
   Nevertheless, Congress generally lacks the constitutional ability to delegate legislative powers. n151 Article
   AND
   Congress neither provided clear guidance nor limited the actual role of the subordinate.
   d. The Courts
   The courts have been very reserved in foreign affairs matters, but an amendment may make the interpretation of war powers a clear constitutional issue requiring the Supreme Court’s analysis. The courts have avoided adjudication of disputes arising under the War Powers Resolution because of the justiciability doctrines of impasse, ripeness, standing, and political question. n157

The CP causes enforcement lawsuits – that reigns in deference and results in judicial enforcement. That solves every court advantage and avoids the political question doctrine DA

Goldstein 88 (Yonkel, J.D. – Stanford Law School, "The Failure of Constitutional Controls over War Powers in the Nuclear Age: The Argument for a Constitutional Amendment," Stanford Law Review, July, 40 Stan. L. Rev. 1543, Lexis)
V. THE PROPOSED AMENDMENT
None of the proposals to control nuclear weapons discussed above provide the kind of clarity
AND
military responses by the Executive, lest it face the threat of lawsuits.

2NC A2 Can’t Solve Precedent-Based Advantages

Amendments institutionalize US position on war powers – solves the signal
White 4 (William W., Lecturer in Public and International Affairs and Senior Special Assistant to the Dean at Woodrow Wilson School of Public and International Affairs – Princeton University, "Human Rights and National Security: The Strategic Correlation," Harvard Human Rights Journal, Spring, 17 Harv. Hum. Rts. J. 249, Lexis)

C. Addressing Aggressor States: Human Rights and Interstate Signaling
A foreign policy which accounts for the linkage between human rights and interstate aggression would
AND
Lasting institutionalized changes in human rights policy can provide such a signaling mechanism.
Significant improvements in a previously repressive state’s human rights policy can signal an intent not
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such signals and potentially improve relations with states that institutionalize human rights protections.
The institutionalization of human rights protections is not only a means of signaling benign intent
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citizens into providing the resources and human capital necessary for aggressive war. n122
A brief example is illustrative of the use of human rights policy as a signaling
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and provide sound reason for a firmer U.S. policy. n124
The institutionalization of human rights protections also provides a way for a current government to prevent future governments from aggressive international behavior. By locking in human rights protections now through constitutional changes or judicial review, a present government can limit the hand of future governments, denying them the institutional or political ability to engage in aggressive war or impinge on human rights. 

Amendments send a GLOBAL signal
Herlihy 6 (Sarah P., J.D. – Chicago-Kent College of Law, "Amending the Natural Born Citizen Requirement: Globalization as the Impetus and the Obstacle," Chicago-Kent Law Review, 81 Chi.-Kent L. Rev. 275, Lexis)

7. The Signal this Amendment Would Send to the Rest of the World
 Americans may oppose a Constitutional amendment because of the international perception that it would
AND
because this could send the wrong signal to the rest of the world.

Tournament: UNT | Round: 6 | Opponent: Trinity Rothenbaum-Solice | Judge: Box

1NC

Deference to the executive now

Bazzle, J.D., Georgetown University Law Center, ’12
~Timothy, "SHUTTING THE COURTHOUSE DOORS:¶ INVOKING THE STATE SECRETS PRIVILEGE TO THWART¶ JUDICIAL REVIEW IN THE AGE OF TERROR", Civil Rights Law Journal, Vol. 23, No. 1, 2012, RSR~
The war on terror has led to an increased use of the state secrets¶
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allege a credible claim of government wrongdoing retain¶ their due process rights. 

Court action to limit indefinite detention makes effective warfighting impossible- and undermines deference

Chertoff 11 (Michael was the Secretary, Department of Homeland Security (2005-2009), THE DECLINE OF JUDICIAL DEFERENCE ON NATIONAL SECURITY, Rutgers Law Review, 3 February 2011, http://www.rutgerslawreview.com/wp-content/uploads/archive/vol63/Issue4/Chertoff_Speech_PDF.pdf, pg. 1125-1128)
So, where has this left us? It has left us in a puzzling
AND
the courts when ¶ dealing with these kinds of sensitive national security issues.

Deference is vital to effective executive crisis response

Robert Blomquist 10, Professor of Law, Valparaiso University School of Law, THE JURISPRUDENCE OF AMERICAN NATIONAL SECURITY PRESIPRUDENCE, 44 Val. U.L. Rev. 881
Supreme Court Justices—along with legal advocates—need to conceptualize and prioritize big
AND
hyper-energy in the Executive branch in responding to these threats. n16
The Justices should also consult Professor Robert S. Summers’s masterful elaboration and amplification of
AND
of Congress) to preserve, protect, and defend the Nation. n22
 ~*886~  B. Geopolitical Strategic Considerations Bearing on Judicial Interpretation
Before the United States Supreme Court Justices form an opinion on the legality of national
AND
security facts and conceptions before sitting in judgment on presiprudential national security determinations.
(1) "National security policy . . . is harder today because the
AND
-traffickers support terrorists, and terrorists align themselves with regional powers." n27
(2) "Yet, as worrisome as these immediate concerns may be, the long-term challenges are even harder to deal with, and the stakes are higher. Whereas the main Cold War threat—the Soviet Union—was brittle, most of the potential adversaries and challengers America now faces are resilient." n28
(3) "The most important task for U.S. national security
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When you do not hold the strategic advantage, they do not." n30
(4) While "keeping the strategic advantage may not have the idealistic ring of making the world safe for democracy and does not sound as decisively macho as maintaining American hegemony," n31 maintaining the American "strategic advantage is critical, because it is essential for just about everything else America hopes to achieve—promoting freedom, protecting the homeland, defending its values, preserving peace, and so on." n32
(5) The United States requires national security "agility." n33 It not only needs "to refocus its resources repeatedly; it needs to do this faster than an adversary can focus its own resources." n34
 ~*888~  As further serious preparation for engaging in the jurisprudence of American
AND
stake. This is the kind of knowledge suited to a Jacksonian." n39
Turning to how the Supreme Court should view and interpret American presidential measures to oversee
AND
," n48 as determined by the POTUS and his national security executive subordinates.

Effective executive response is key to prevent global crises

Ghitis 13 (Frida, world affairs columnist for The Miami Herald and World Politics Review. A former CNN producer and correspondent, she is the author of The End of Revolution: A Changing World in the Age of Live Television. "World to Obama: You can’t ignore us," 1/22, http://www.cnn.com/2013/01/22/opinion/ghitis-obama-world)
And while Obama plans to dedicate his efforts to the domestic agenda, a number
AND
with the best laid, most well-intentioned plans of American presidents.

1NR

Turns aff-Crises inevitably cause rollback of the plan

Laura Young 13, Ph.D., Purdue University Associate Fellow, June 2013, Unilateral Presidential Policy Making and the Impact of Crises, Presidential Studies Quarterly, Volume 43, Issue 2
A president looks for chances to increase his power (Moe and Howell 1999).
AND
policy formation process. In short, focusing events increase presidential unilateral power.

And Outweighs their mechanism

Laura Young 13, Ph.D., Purdue University Associate Fellow, June 2013, Unilateral Presidential Policy Making and the Impact of Crises, Presidential Studies Quarterly, Volume 43, Issue 2
During periods of crisis, the time available to make decisions is limited. Because
AND
regardless of the institutional make-up of government or his persuasive abilities.

Turns Terror- Judicial deference to the executive is key to prevent global risks of terrorism and nuclear disasters

Gelev ’11
~Filip, completed a Masters of Law degree (Law and Politics of International Security)
at the Free University, Amsterdam, in 2008. He is employed at the Department of Justice
of the Australian State of Victoria, "Checks and balances of risk management: precautionary logic and the judiciary," 10.14.2011.  wyo-hdm~
In the early 21st century governments across the world have gone further than ever before
AND
, or a 1 per cent chance, that a disaster may occur.

Tournament: 2013babyjo | Round: 4 | Opponent: Kansas State Scott-Stidham | Judge: Kirk

1NC- Executive Reform

Text: The Executive branch of the United States of America should establish an intra-executive drone tribunal to rule on the legality of targeting decisions.

Executive review solves

Murphy 26 Radsan 09 
~Richard Murphy is the AT26T Professor of Law, Texas Tech University School of Law. Afsheen John Radsan is a Professor, William Mitchell College of Law. He was assistant general counsel at the Central Intelligence Agency from 2002-2004., DUE PROCESS AND TARGETED KILLING OF TERRORISTS, uwyoamp~

This Article has explored the implications of the due process model that the Supreme Court
AND
at least this level of accountability for the power to kill suspected terrorists.

Allies only perceive Obama’s actions on drones-want to preserve broad executive power while setting international drone standards

The Economist 2013
~The Economist, June 21^st, 2013, Out of the shadows, http://www.economist.com/news/united-states/21578689-barack-obamas-rules-drones-could-shape-new-global-laws-war-out-shadows, uwyoamp~

WHEN it comes to lethal drone strikes against foreign targets, America’s government and Congress
AND
drone strikes may leave spooks and spymasters facing public anger and even lawsuits.

Unilateral action by Obama key to set international norms

The Economist 2013
~The Economist, June 21^st, 2013, Out of the shadows, http://www.economist.com/news/united-states/21578689-barack-obamas-rules-drones-could-shape-new-global-laws-war-out-shadows, uwyoamp~

Mr Obama left himself wriggle-room, for example over how an imminent threat
AND
specificity" will it be able to shape the new laws of war. 

executive orders

Kumar 2013
~Anita Kumar, journalist,  March 19, 2013, Obama turning to executive power to get what he wants

http://www.mcclatchydc.com/2013/03/19/186309/obama-turning-to-executive-power.html~~23.Uexodo1tOyQ~~23storylink=cpy-http://www.mcclatchydc.com/2013/03/19/186309/obama-turning-to-executive-power.html, uwyoamp~

WASHINGTON — President Barack Obama came into office four years ago skeptical of pushing the
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bypass or pressure a Congress where the opposition Republicans can block any proposal.

Intra-executive drone tribunals solves-ensures accountability and prevents errors while maintaining the legitimacy of national security secrets

Crandall, 2012
~Carla, Law Clerk to the Honorable Laura Denvir Stith, Supreme Court of Missouri and the author was previously employed by the National Geospatial-Intelligence Agency, READY . . . FIRE . . . AIM21 A CASE FOR APPLYING AMERICAN DUE PROCESS PRINCIPLES BEFORE ENGAGING IN DRONE STRIKES, April, 2012 Florida Journal of International Law 24 Fla. J. Int’l L. 55, Lexis~ /Wyo-MB

4. CSRTs as a Framework for Governing the Use of Drones
Ultimately, then, the inquiry into whether more robust procedural protections are in order
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some level of review to correct potential errors in the target identification process.

Intra-Executive review post-targeted killing ensures accountability while also protecting national security

Murphy 26 Radsan 09 
~Richard Murphy is the AT26T Professor of Law, Texas Tech University School of Law. Afsheen John Radsan is a Professor, William Mitchell College of Law. He was assistant general counsel at the Central Intelligence Agency from 2002-2004., DUE PROCESS AND TARGETED KILLING OF TERRORISTS, uwyoamp~

Internal investigations, however, do not always pose a plausible threat to national security
AND
favors an intra-executive review at least as intrusive as IG review.

Tournament: Gonzaga | Round: 3 | Opponent: Idaho State Doty-Ivanovic | Judge: Jamie Cheek

1

Observation One: Interp
First, our interpretation: debate is an agonistic field of play where participants must accept the constraints of agreeing to switch-sides on the topic by reading a topical affirmative when they are aff and negating the topic when they are negative.
Second, are our link arguments.  The aff team fails to engage in this process in three ways:
A. Advocating a definitive course of action as indicated by the words ’resolved’ and ’should’ , rather they have you endorse a fluid system of constant criticism.
RESOLVED" EXPRESSES INTENT TO IMPLEMENT THE PLAN

American Heritage Dictionary 2K
www.dictionary.com/cgi-bin/dict.pl?term=resolved-http://www.dictionary.com/cgi-bin/dict.pl?term=resolved

To find a solution to; solve …
To bring to a usually successful conclusion

"SHOULD" DENOTES AN EXPECTATION OF ENACTING A PLAN

American Heritage Dictionary – 2K
~www.dictionary.com~

3 Used to express probability or expectation
B. Not defending the agent of the resolution, which is the government of the United States based in D.C.
THE TOPIC IS DEFINED BY THE PHRASE FOLLOWING THE COLON – THE UNITED STATES FEDERAL GOVERNMENT IS THE AGENT OF THE RESOLUTION, NOT THE INDIVIDUAL DEBATERS

Webster’s Guide to Grammar and Writing 2K
 http://ccc.commnet.edu/grammar/marks/colon.htm-http://ccc.commnet.edu/grammar/marks/colon.htm

Use of a colon before a list or an explanation that is preceded by a clause that can stand by itself. Think of the colon as a gate, inviting one to go on… If the introductory phrase preceding the colon is very brief and the clause following the colon represents the real business of the sentence, begin the clause after the colon with a capital letter.
THE U.S.F.G. is three branches of government

Microsoft Encarta Online Encyclopedia 2K ~http://encarta.msn.com~~

Supreme Court of the United States, highest court in the United States and the chief authority in the judicial branch, one of three branches of the United States federal government.

OUR DEFINITION EXCLUDES ACTION BY SMALLER POLITICAL GROUPS OR INDIVIDUALS.

Black’s Law Dictionary Seventh Edition Ed. Bryan A. Garner (chief) ’99

Federal government 1. A national government that exercises some degree of control over smaller political units that have surrendered some degree of power in exchange for the right to participate in national political matters.

C. Not defending an increasing statutory or judicial restrictions on the Presidential war power authority of the President of the United States
Observation Two: The impacts

There are three net benefits to this interpretation of debate:
First, MORAL disagreement: Effective moral deliberation requires that all parties be willing to submit to a RECIPROCAL process of agonistic disagreement.  Without switch-side debate, there can be no method of dealing with the practical constraints that surround any  persuasive context.  EVEN IF the affirmative wins there is merit to considering their case, their abandonment of of switch-side debate leaves us unable to speak to problems of power, violence and inequality 

Gutmann 26 Thompson 96
~Amy 26 Dennis, President of Penn State and Professor of Political Philosophy at Harvard, Democracy and Disagreement, p. 1wyo-tjc~
OF THE CHALLENGES that American democracy faces today, none is more formidable than the
AND
means for deciding what means are morally required to pursue our common ends.
SWITCH-SIDE DEBATE: The net-benefits are epistemic because prepared, competitive discourse and listening to both sides of an argument is a prerequisite for critical reasoning, and ontological because it affirms a method of living that is the only antidote to the violence of the affirmative’s universalist dogma, which is root of violence and genocide

Roberts-Miller 3
~Patricia, Associate Professor of Rhetoric at UT Austin, "Fighting Without Hatred: Hannah Arendt ’ s Agonistic Rhetoric", p. aspwyo-tjc~
Totalitarianism and the Competitive Space of Agonism Arendt is probably most famous for her analysis
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thoughts without reference to anyone else or to let others do one’s thinking.

Third, Engaging the state is critical to the ability of citizens to break into the project of solving global challenges: It relies on an existing internationalist state and refocuses its energies through citizen participation in national institutions that solve for war as well as environmental and social challenges

Sassen 2009
~ColumbiaUniversity, istheauthorof TheGlobalCity (2ndedn, Princeton, 2001), Territory, Authority, Rights: From Medieval to Global Assemblages (Princeton, 2008) and A Sociology of Globalisation (Norton,2007), among others, 2009, The Potential for a Progressive State?, uwyoamp~

Using state power for a new global politics These post-1980s trends towards a
AND
the willing focused not on war but on environmental and social justice projects.
Observation Three: Voting Issue
Vote negative to reject the affirmative’s dogmatic refusal to subject themselves to the constraints of switch-side debate.
First, BOUNDED CREATIVITY outweighs: You should embrace a model of debate that strikes a balance between predictability and creativity— preparing to debate within a common framework enhances education because it maximizes testing of ideas.  That’s also a reason to SEVERLY DISCOUNT their impact claims because those claims have not been submitted to rigorous testing. 

Goodin 03
~Robert E. Goodin and Simon J. Niemeyer- Australian National University- 2003, When Does Deliberation Begin? Internal Reflection versus Public Discussion in Deliberative Democracy, POLITICAL STUDIES: 2003 VOL 51, 627–649, uwyoamp~
Suppose that instead of highly polarized symbolic attitudes, what we have at the outset
AND
invariably have a considerable impact on changing the way jurors approach an issue.

2NC

Injecting personal politics into the conversation is MONOLOGISM which is a violent form of communication ethics because it closes arguments off to refutation—that specifically turns their advocacy  

Farber 99
(Professor of Law and Associate Dean of Faculty, University of Minnesota, "Beyond All Criticism", 83 Minn. L. Rev. 1735, Junewyoccd)
The difficulty of extracting any workable conception of social equality from radical multiculturalism is a
AND
common affiliation. n114 This is a somewhat peculiar vision of academic discussion.

Limits Good

Constraints are more conducive to creative thinking—following the rules is key to innovation

Gibbert et al. 07
(Michael Gibbert, Assistant Professor of Management at Bocconi University (Italy), et al., with Martin Hoeglis, Professor of Leadership and Human Resource Management at WHU—Otto Beisheim School of Management (Germany), and Lifsa Valikangas, Professor of Innovation Management at the Helsinki School of Economics (Finland) and Director of the Woodside Institute, 2007 ("In Praise of Resource Constraints," MIT Sloan Management Review, Spring, https://umdrive.memphis.edu/gdeitz/public/The20Moneyball20Hypothesis/Gibbert20et20al.20-20SMR20(2007)20Praise20Resource20Constraints.pdf, Accessed 04-08-2012, p. 15-16wyoccd)
Resource constraints can also fuel innovative team performance directly. In the spirit of the
AND
analogies and combinations that would otherwise be hidden under a glut of resources.

Bounded knowledge is good – debate should be maintained as a disciplinary space- key to unlocking critically pedagogies potential for social justice

McArthur 10
(Department of Higher 26 Community Education, University of Edinburgh, Paterson’s Land,
Holyrood Road, Edinburgh EH8 8AQ, UK Studies in Higher Education Vol. 35, No. 3, May 2010 ebsco DA: 5-24-13wyoccd)
Giroux’s critical pedagogy rests upon a commitment to public spaces for learning, where diverse
AND
at disciplines may help critical pedagogy strengthen its own theoretical and practical stances.

 If critical pedagogy is to challenge narrow commercial and commodified conceptualisations of higher education
AND
contested nature is part of what students must learn to navigate’ (68).

Abolishing limits crushes critical pedagogy and flips it back into the systems they critique

McArthur 10
(Department of Higher 26 Community Education, University of Edinburgh, Paterson’s Land,
Holyrood Road, Edinburgh EH8 8AQ, UK Studies in Higher Education Vol. 35, No. 3, May 2010 ebsco DA: 5-24-13wyoccd)
The diverse, and to some extent dissonant, aspects of critical pedagogy which exist
AND
capitalism, postmodern critical pedagogy in fact plays into its hands’ (501).

SS Debate Good

Switch side debate is good-direct engagement, not abstract relation, with identities we do not identify with is critical to us to overcome the existential resentment we feel towards those with whom we disagree. Lack of switch-side facilitates a refusal to accept that our position is within question
Glover 10
~Robert, Professor of Political Science at University of Connecticut, Philosophy and Social Criticism, "Games without Frontiers?: Democratic Engagement, Agonistic Pluralism, and the Question of Exclusion", Vol. 36, p. asp uwyoamp~
In this vein, Connolly sees the goal of political engagement as securing a positive
AND
others to overcome existential resentment of this persistent condition of human being.’

State Good

Engaging the state is a critical prerequiste to the success of your critical project: ~PERM~
We control global uniqueness- the financial crisis is indicative of the death of neoliberalism, no politician seeking to further the neoliberalist agenda will survive the polls 

The state is the only solvent site for radical politics-Neo-liberalism has ironically poised states to deemphasize nationalism and turn their projects to a global humanist agenda, no corporate power can match the complexity and resources of a state. Second,  Engaging the state solves every impact: ~Climate change, economic violence/injustice, war, other environmental catastrophes, racism, etc.~
Sassen 2009
~ColumbiaUniversity, istheauthorof TheGlobalCity (2ndedn, Princeton, 2001), Territory, Authority, Rights: From Medieval to Global Assemblages (Princeton, 2008) and A Sociology of Globalisation (Norton,2007), among others, 2009, The Potential for a Progressive State?, uwyoamp~

Power is made, and hence can be unmade. The work of making power
AND
onlyb e addressed through collaborations and concerted action among a majority of states.

Case

Aff can’t solve- total rejection of opposing IR theories leads to a collapse of communication within the discipline, leading to further fragmentation between the camps and an expansion of hierarchical relations that prevents progress

Caprioli, 04 
~"Feminist IR Theory and Quantitative Methodology: A Critical Analysis" Mary Caprioli, Dept. of Political Science, University of Tennessee. International Studies Review. Volume 42 Issue 1 Page 193-197, March 2004. http://www.blackwell-synergy.com/links/doi/10.1111/0020-8833.00076-http://www.blackwell-synergy.com/links/doi/10.1111/0020-8833.00076~~

There is little utility in constructing a divide if none exists. As Thomas Kuhn
AND
seek to identify and eradicate conflict and hierarchy within society as a whole.

No solvency- re-socialization cannot resolve masculine leaders wielding real weapons- masculine policies will be necessary to contain such threats

Fukuyama, 98
(Francis Fukuyama, SAIS Foreign Policy Institute Senior Fellow at John Hopkins University, FOREIGN AFFAIRS, September/October 98, EBSCOUWYOKB)

Some feminists talk as if gender identities can be discarded like an old sweater,
AND
. Masculine policies will still be required, though not necessarily masculine leaders. 

Realism solves the impact-insists on diplomacy, humility, and resolving conflict in a non-violent manner if at all possible

Murray 97
~Alastair J.H. Murray, Politics Department, University of Wales Swansea, Reconstructing Realism, 1997, p. 192uwyokb~

Consequently, it is not surprising that the third strut of this feminist epistemology,
AND
a unified human standpoint which, with modifications, serves us reasonably well.

Tournament: UNLV | Round: 5 | Opponent: Whitman College Menzies-Barsky | Judge: Robinson

5

Immigration is top of docket and will pass now – political momentum

Evan McMorris, Santoro BuzzFeed Staff, "Obama Has Already Won The Shutdown Fight And He’s Coming For Immigration Next," 10/15/13. http://www.buzzfeed.com/evanmcsan/obama-has-already-won-the-shutdown-fight-and-hes-coming-for
WASHINGTON — As the fiscal fight roiling Washington nears its end, the White House
AND
willing to call the bill on the floor of the House of Representatives."

Fighting to defend his war power will sap Obama’s capital, trading off with rest of agenda

Kriner, 10 —- assistant professor of political science at Boston University
(Douglas L. Kriner, "After the Rubicon: Congress, Presidents, and the Politics of Waging War", University of Chicago Press, Dec 1, 2010, page 68-69)
While congressional support leaves the president’s reserve of political capital intact, congressional criticism saps
AND
to its costs than if Congress stood behind him in the international arena.

Immigration reform key to increase high skilled workers:

Esther Yu-Hsi Lee, 10/16/2013 (staff writer, "Class Divide Widens Between Low-Wage And High-Wage Workers In Silicon Valley,"  http://thinkprogress.org/immigration/2013/10/16/2779601/wage-immigrants-silicon-valley/-http://thinkprogress.org/immigration/2013/10/16/2779601/wage-immigrants-silicon-valley/, Accessed 10/17/2013, rwg)
Faced with a growing need for high-skilled foreign workers, Silicon Valley has
AND
from 65,000 to 110,000 in the Senate immigration bill.

Skilled worker access will determine the future of the biotech industry

Dahms 3,  executive director of the California State University System Biotechnology Program (CSUPERB); chair of the Workforce Committee, Biotechnology Industry Organization; and a member of the ASBMB Education and Professional Development Committee, (A. Stephen, " Foreign Scientists Seen Essential to U.S. Biotechnology," in Pan-Organizational Summit on the U.S. Science and Engineering Workforce: Meeting Summary, National Academy of Sciences, http://www.ncbi.nlm.nih.gov/bookshelf/picrender.fcgi?book=nap1072726blobtype=pdf-http://www.ncbi.nlm.nih.gov/bookshelf/picrender.fcgi?book=nap1072726blobtype=pdf)  

The scarcity of skilled technicians is seen by the biotechnology industry in the U.
AND
directed toward influencing greater congressional and federal agency attention to these important topics. 

Solves bioterror

Bailey, 1 ~Ronald, award-winning science correspondent for Reason magazine and Reason.com, where he writes a weekly science and technology column. Bailey is the author of the book Liberation Biology: The Moral and Scientific Case for the Biotech Revolution (Prometheus, 2005), and his work was featured in The Best American Science and Nature Writing 2004. In 2006, Bailey was shortlisted by the editors of Nature Biotechnology as one of the personalities who have made the "most significant contributions" to biotechnology in the last 10 years. 11/7/1, "The Best Biodefense," Reason, http://reason.com/archives/2001/11/07/the-best-biodefense-http://reason.com/archives/2001/11/07/the-best-biodefense~~

But Cipro and other antibiotics are just a small part of the arsenal that could
AND
, America’s best biodefense is a vital and profitable pharmaceutical and biotechnology industry.
 

Extinction

Steinbrenner, 97
John Steinbrenner, Senior Fellow – Brookings, Foreign Policy, 12-22-
AND
for a global contagion of this sort but not necessarily its outer limit.

Politics

Overview

DA o/w and Turns Case

First, extend Dahms 3- the constant shortfall in the biotech industry is due to lack of access to high-skilled immigrants- need a substantial increase to maintain the industry

Magnitude- extinction will happen via contagion. Lack of vaccine means that the disease can cascade internationally. That’s Steinbrenner 97.

Probability- Highly probable. Only strong biotech industry can produce vaccines fast enough to cope with emerging diseases. Without them, disease  cascades

Timeframe-  Risk to attack is immediate. The industry is collapsing now, only an increase in foreign skilled workers can save biotech from failure.

Bio-weapons outweigh the impact of nuclear attack – risk extinction

Ochs 2002 (Richard; Naturalist – Grand Teton National Park with a Masters in Natural Resource Management from Rutgers) "Biological Weapons must be abolished immediately" 6/9 www.freefromterror.net/other_articles/abolish.html

 Of all the weapons of mass destruction, the genetically engineered biological weapons,
AND
no known cure or vaccine. Can we imagine hundreds of such plagues?

Turns Terrorism-

Turns Central Asian War-

Turns Russia-

Turns Pakistan instability-

Biotech innovation k2 maintain ag crops during crises- no tech collapses ag and results in extinction

Trewavas 00
~Anthony, Institute of Cell and Molecular Biology – University of Edinburgh, "GM Is the Best Option We Have", AgBioWorld, 6-5, http://www.agbioworld.org/biotech-info/articles/biotech-art/best_option.html-http://www.agbioworld.org/biotech-info/articles/biotech-art/best_option.html~~
But these are foreign examples; global warming is the problem that requires the UK
AND
accepting that technological advance may be the only buffer between us and annihilation.

Uniqueness

Immigration reform will pass now:

~~ Immigration reform will pass now – 60 percent support, civil disobedience campaign, political capital, this year key

Laura Matthews, "2013 Immigration Reform: Another Casualty Of Government Shutdown?," 10/10/13. http://www.ibtimes.com/2013-immigration-reform-another-casualty-government-shutdown-1421442
Before House Democrats released their comprehensive immigration reform bill last week, they, along
AND
of Americans are out of work is not so popular with the voters." 

~~ Obama has political momentum from shutdown – he’ll translate that into a win on immigration reform now –- House GOP sinking poll numbers and damaged brand make the time ripe for passage — McMorris 10/15

Shutdown is huge incentive

Laura Matthews, 10/16/2013 (staff writer, "2013 Immigration Reform Bill: ’I’m Going To Push To Call A Vote,’ Says Obama," http://www.ibtimes.com/2013-immigration-reform-bill-im-going-push-call-vote-says-obama-1429220-http://www.ibtimes.com/2013-immigration-reform-bill-im-going-push-call-vote-says-obama-1429220, Accessed 10/17/2013, rwg)
"When we emerge from this crazy partisan eruption from the Republicans, there will be a huge incentive for sensible Republicans who want to repair some of the damage they have done to themselves," Gutierrez said in a statement. "Immigration reform remains the one issue popular with both Democratic and Republican voters on which the two parties can work together to deliver real, substantive solutions in the Congress this year."

Shutdown makes immigration easier to pass

Margaret Hartmann, 10/16/2013 (staff writer, "Obama Is Over the Shutdown, Wants to Tackle Immigration Reform," http://nymag.com/daily/intelligencer/2013/10/obama-plans-for-immigration-reform-post-shutdown.html-http://nymag.com/daily/intelligencer/2013/10/obama-plans-for-immigration-reform-post-shutdown.html, Accessed 10/17/2013, rwg)
Some advocates say passing immigration reform may actually be easier in the wake of the
AND
, executive director of the immigration reform group America’s Voice, told BuzzFeed. 

Plan spoils working relationship and momentum that is key to passing immigration – now is key window of opportunity

Ben Wolfgang, "Obama’s second-term agenda could hinge on shutdown resolution," Washington Times, 10/10/13. http://www.washingtontimes.com/news/2013/oct/10/obamas-second-term-agenda-could-hinge-on-shutdown-/~~23ixzz2i1n7uFZT
Some of president’s key goals hang in balance¶ ¶ The eventual resolution to the
AND
animosity between the administration and House Republicans necessarily means the issue is dead.

Internals

Obama needs to ride the momentum he has from standing the republicans down on the budget battle to ensure that immigration reform passes –1NC McMorris.

Obama’s political capital key to passage of immigration reform

Laura Matthews, 10/16/2013 (staff writer, "2013 Immigration Reform Bill: ’I’m Going To Push To Call A Vote,’ Says Obama," http://www.ibtimes.com/2013-immigration-reform-bill-im-going-push-call-vote-says-obama-1429220-http://www.ibtimes.com/2013-immigration-reform-bill-im-going-push-call-vote-says-obama-1429220, Accessed 10/17/2013, rwg)
Still, pro-immigration advocates are hopeful they can attain their goal soon. "With more prodding from the president and the American people," Gutierrez said, "we can get immigration reform legislation passed in the House and signed into law."

Framing issue—capital gets it through—the plan drains his capital and destroys his agenda prioritization

Chris Cillizza, WaPo, 1/21/13, President Obama’s second term starts today. It ends sooner than you think., www.washingtonpost.com/blogs/the-fix/wp/2013/01/21/president-obama-second-term-starts-today-it-ends-in-sooner-than-you-think/
At the moment, President Obama is at the height of his political influence.
AND
of what he hopes will round out his presidency in this second term.

Obama’s capital is key

Shifter, 12/27/2012 —- adjunct professor of Latin American politics at Georgetown University’s School of Foreign Service  (12/27/2012, Michael, Revista Ideel, "Will Obama Kick the Can Down the Road?" http://www.thedialogue.org/page.cfm?pageID=3226pubID=3186-http://www.thedialogue.org/page.cfm?pageID=3226pubID=3186) CMR
There is, however, a notable change in Obama’s style compared to the first
AND
needed — would take away energy and time from other priorities like immigration.

Link

Plan means immigration reform doesn’t pass:

~~Obama has built up momentum and racked up a big win – plan flips the momentum and forces Obama to spend time and energy defending his policies which saps capital necessary for immigration.

Historical examples prove restrictions on presidential war authority are a loss that jacks the agenda - Kriner 10

Plan is a perceived loss for Obama that saps his capital

Loomis, 7 —- Department of Government at Georgetown
(3/2/2007, Dr. Andrew J. Loomis is a Visiting Fellow at the Center for a New American Security, "Leveraging legitimacy in the crafting of U.S. foreign policy," pg 35-36, http://citation.allacademic.com//meta/p_mla_apa_research_citation/1/7/9/4/8/pages179487/p179487-36.php-http://citation.allacademic.com//meta/p_mla_apa_research_citation/1/7/9/4/8/pages179487/p179487-36.php)
Declining political authority encourages defection. American political analyst Norman Ornstein writes of the domestic context, ¶ In a system where a President has limited formal power, perception matters. The reputation for success—the belief by other political actors that even when he looks down, a president will find a way to pull out a victory—is the most valuable resource a chief executive can have. Conversely, the widespread belief that the Oval Office occupant is on the defensive, on the wane or without the ability to win under adversity can lead to disaster, as individual lawmakers calculate who will be on the winning side and negotiate accordingly. In simple terms, winners win and losers lose more often than not. ¶ Failure begets failure. In short, a president experiencing declining amounts of political capital has diminished capacity to advance his goals. As a result, political allies perceive a decreasing benefit in publicly tying themselves to the president, and an increasing benefit in allying with rising centers of authority. A president’s incapacity and his record of success are interlocked and reinforce each other. Incapacity leads to political failure, which reinforces perceptions of incapacity. This feedback loop accelerates decay both in leadership capacity and defection by key allies. ¶ The central point of this review of the presidential literature is that the sources of presidential influence—and thus their prospects for enjoying success in pursuing preferred foreign policies—go beyond the structural factors imbued by the Constitution. Presidential authority is affected by ideational resources in the form of public perceptions of legitimacy. The public offers and rescinds its support in accordance with normative trends and historical patterns, non-material sources of power that affects the character of U.S. policy, foreign and domestic.¶ This brief review of the literature suggests how legitimacy norms enhance presidential influence in ways that structural powers cannot explain. Correspondingly, increased executive power improves the prospects for policy success. As a variety of cases indicate—from Woodrow Wilson’s failure to generate domestic support for the League of Nations to public pressure that is changing the current course of U.S. involvement in Iraq—the effective execution of foreign policy depends on public support. Public support turns on perceptions of policy legitimacy. As a result, policymakers—starting with the president—pay close attention to the receptivity that U.S. policy has with the domestic public. In this way, normative influences infiltrate policy-making processes and affect the character of policy decisions.¶ Political capital is finite —- the plan would tradeoff with domestic economic priorities ¶ Moore, 9/10 —- Guardian’s US finance and economics editor¶ (Heidi, 9/10/2013, "Syria: the great distraction; Obama is focused on a conflict abroad, but the fight he should be gearing up for is with Congress on America’s economic security," http://www.theguardian.com/commentisfree/2013/sep/10/obama-syria-what-about-sequester)-http://www.theguardian.com/commentisfree/2013/sep/10/obama-syria-what-about-sequester))¶ Before President Obama speaks to the nation about Syria tonight, take a look at what this fall will look like inside America.¶ There are 49 million people in the country who suffered inadequate access to food in 2012, leaving the percentage of "food-insecure" Americans at about one-sixth of the US population. At the same time, Congress refused to pass food-stamp legislation this summer, pushing it off again and threatening draconian cuts.¶ The country will crash into the debt ceiling in mid-October, which would be an economic disaster, especially with a government shutdown looming at the same time. These are deadlines that Congress already learned two years ago not to toy with, but memories appear to be preciously short.¶ The Federal Reserve needs a new chief in three months, someone who will help the country confront its raging unemployment crisis that has left 12 million people without jobs. The president has promised to choose a warm body within the next three weeks, despite the fact that his top pick, Larry Summers, would likely spark an ugly confirmation battle – the "fight of the century," according to some – with a Congress already unwilling to do the President’s bidding.¶ Congress was supposed to pass a farm bill this summer, but declined to do so even though the task is already two years late. As a result, the country has no farm bill, leaving agricultural subsidies up in the air, farmers uncertain about what their financial picture looks like, and a potential food crisis on the horizon.¶ The two main housing agencies, Fannie Mae and Freddie Mac, have been in limbo for four years and are desperately in need of reform that should start this fall, but there is scant attention to the problem.¶ These are the problems going unattended by the Obama administration while his aides and cabinet members have been wasting the nation’s time making the rounds on television and Capitol Hill stumping for a profoundly unpopular war. The fact that all this chest-beating was for naught, and an easy solution seems on the horizon, belies the single-minded intensity that the Obama White House brought to its insistence on bombing Syria.¶ More than one wag has suggested, with the utmost reason, that if Obama had brought this kind of passion to domestic initiatives, the country would be in better condition right now. As it is, public policy is embarrassingly in shambles at home while the administration throws all of its resources and political capital behind a widely hated plan to get involved in a civil war overseas.¶ The upshot for the president may be that it’s easier to wage war with a foreign power than go head-to-head with the US Congress, even as America suffers from neglect.¶ This is the paradox that President Obama is facing this fall, as he appears to turn his back on a number of crucial and urgent domestic initiatives in order to spend all of his meager political capital on striking Syria.¶ Syria does present a significant humanitarian crisis, which has been true for the past two years that the Obama administration has completely ignored the atrocities of Bashar al-Assad.¶ Two years is also roughly the same amount of time that key domestic initiatives have also gone ignored as Obama and Congress engage in petty battles for dominance and leave the country to run itself on a starvation diet imposed by sequestration cuts. Leon Panetta tells the story of how he tried to lobby against sequestration only to be told:¶ Leon, you don’t understand. The Congress is resigned to failure.¶ Similarly, those on Wall Street, the Federal Reserve, those working at government agencies, and voters themselves have become all too practiced at ignoring the determined incompetence of those in Washington.¶ Political capital – the ability to horse-trade and win political favors from a receptive audience – is a finite resource in Washington. Pursuing misguided policies takes up time, but it also eats up credibility in asking for the next favor. It’s fair to say that congressional Republicans, particularly in the House, have no love for Obama and are likely to oppose anything he supports. That’s exactly the reason the White House should stop proposing policies as if it is scattering buckshot and focus with intensity on the domestic tasks it wants to accomplish, one at a time.¶ The president is scheduled to speak six times this week, mostly about Syria. That includes evening news interviews, an address to the nation, and numerous other speeches. Behind the scenes, he is calling members of Congress to get them to fall into line. Secretary of State John Kerry is omnipresent, so ubiquitous on TV that it may be easier just to get him his own talk show called Syria Today.¶ It would be a treat to see White House aides lobbying as aggressively – and on as many talk shows – for a better food stamp bill, an end to the debt-ceiling drama, or a solution to the senseless sequestration cuts, as it is on what is clearly a useless boondoggle in Syria.¶ There’s no reason to believe that Congress can have an all-consuming debate about Syria and then, somehow refreshed, return to a domestic agenda that has been as chaotic and urgent as any in recent memory. The President should have judged his options better. As it is, he should now judge his actions better.

Reducing war powers will end Obama’s credibility with Congress – it causes stronger GOP pushback

Seeking Alpha, 9/10/13 ("Syria Could Upend Debt Ceiling Fight", http://seekingalpha.com/article/1684082-syria-could-upend-debt-ceiling-fight-http://seekingalpha.com/article/1684082-syria-could-upend-debt-ceiling-fight)
Unless President Obama can totally change a reluctant public’s perception of another Middle-Eastern
AND
U.S. obligations unless another last minute deal can be struck.

President has to spend political capital defending war powers

Samples, 1 —- director of the Center for Representative Government at CATO
(10/27/2011, John, "Congress Surrenders the War Powers: Libya, the United Nations, and the Constitution," http://www.cato.org/sites/cato.org/files/pubs/pdf/pa687.pdf-http://www.cato.org/sites/cato.org/files/pubs/pdf/pa687.pdf))
But political representation has other fac-ets. It has given voice to public
AND
short of constitutional propriety, congressional voice can matter in war-making. 

Prez Powers

Overview

1.~ Constrained executive cannot respond to fourth generational warfare threats from WMD, proliferation, and rogue states means the president must be able to act quickly and decisively- restrictions prove fatal and embolden fourth generation opponents- that’s Li

~2.~ Outweighs

-Probability: Legislative authorization undermines swift decision-making necessary for evolving threats

-Magnitude: unchecked, rapidly shifting threats leave our country exposed to the threat of extinction- only quick response solves

-Timeframe: threats will spiral quickly-will try to act in window of time that it takes congress ~or the courts~ to decide a course of action

Executive weakness destroys credibility—causes wars everywhere
Howell ’7
William, professor of political science at U-Chicago, and Jon C. Pevehouse, professor of Political Science UW-Madison, "While Dangers Gather : Congressional Checks on Presidential War Powers," 2007 ed.

SIGNALING RESOLVE To the extent that congressional discontent signals domestic irresolution to other nations,
AND
president lacks support may make them wary of committing any troops at all.

Also causes rollback/circumvention
Laura Young, Ph.D., Purdue University Associate Fellow, June 2013, Unilateral Presidential Policy Making and the Impact of Crises, Presidential Studies Quarterly, Volume 43, Issue 2

A president looks for chances to increase his power (Moe and Howell 1999).
AND
policy formation process. In short, focusing events increase presidential unilateral power.

Uniqueness

~2.~ Syria clauses increase presidential powers-means presidents won’t have to consult anymore

Eppssep, 13
("The Senate’s Syria Resolution Has a Huge Secret Giveaway to the President"
GARRETT EPPS-http://www.theatlantic.com/garrett-epps/SEP former reporter for The Washington Post, is a novelist and legal scholar. He teaches courses in constitutional law and creative writing for law students at the University of Baltimore. Sept 6 2013, http://www.theatlantic.com/politics/archive/2013/09/the-senates-syria-resolution-has-a-huge-secret-giveaway-to-the-president/279421/) KH
The "Whereas" language in the draft AUMF gives significant support to the position that the President has some (uncertain) independent constitutional authority to use force in Syria, regardless of what Congress authorizes, and (perhaps) beyond what Congress authorizes. Since I believe that a unilateral presidential use of force in Syria would go beyond all past OLC precedents-http://www.lawfareblog.com/2013/08/how-administration-lawyers-are-probably-thinking-about-the-constitutionality-of-the-syria-intervention-and-a-note-on-the-domestic-political-dangers-of-intervention/, the "Whereas" clause as currently drafted is especially important to the President’s novel constitutional position.
Note that this astonishing language did not appear in the administration’s own draft authorization-http://www.cnn.com/2013/08/31/us/obama-authorization-request-text/index.html?hpt=hp_t1.
AND
any time he or she determines that "national security" demands it.

~2.~ high now-XO’s on DREAMers, DOMA, gun violence research, climate change

Roff 2013
~Pete Roff, march 27^th, 2013, Executive-Orderer-In-Chief?, http://www.usnews.com/opinion/blogs/peter-roff/2013/03/27/president-or-king-obama-rules-by-executive-power-http://www.usnews.com/opinion/blogs/peter-roff/2013/03/27/president-or-king-obama-rules-by-executive-power, uwyoamp~

Among the actions he’s taken unilaterally, Obama has delayed the deportation of young illegal
AND
having been harshly critical of similar efforts undertaken by George W. Bush.

~3.~ claims of Article II powers

Reuters 2013
~Reuters, May 31^st, 2013,  Obama’s counterterror contradiction, http://bangordailynews.com/2013/05/31/opinion/other-voices/obamas-counterterror-contradiction/-http://bangordailynews.com/2013/05/31/opinion/other-voices/obamas-counterterror-contradiction/, uwyoamp~

Obama didn’t delve into legal details in his speech. But the top legal advisers
AND
act of Congress — "would be an unprecedented expansion of presidential authority.

Link

Departure from unitary executive theory undermines the president’s ability to carry out his foreign policy powers-decentralized power undermines military effectiveness- that’s posner
And, ~1.~ Even small incursions on presidential authority threaten the unitary executive

Calabresi and Yoo 2008  ~Stephen G _{Law Professor at Northwestern; Christopher S. , professor of Law, Communication, and Computer and Information Science at the University of Pennsylvania Law School, and founding director of the Center for Technology, Innovation, and Competition, The Unitary Executive: Presidential Power From Washington to Bush, Yale University Press, 2008, p.9  wyo-sc~
Second, we believe that President George W. Bush and all future presidents should
AND
enforce such statutes as are already on the books with the greatest circumspection.}

~2.~ ANY DEVIATION FROM AN INDEPENDENT EXECUTIVE OPENS THE FLOODGATES TO TOTAL LOSS OF PRESIDENTIAL POWER. – GENDER MODIFIED
Calabresi 95
Steven G. Calabresi, Associate Professor, Law, Northwestern University, "Some Normative Arguments for the Unitary Executive," ARKANSAS LAW REVIEW v. 48, 1995, p. 65-66.

I began this section by saying that I would show why it is at least
AND
impartial law execution of the national electoral majority for which the President speaks.

Syria proves statute outweighs- Obama AUMF over Syria would set precedent for no president to have to statutorily consult congress- means he or she no longer has to navigate political legitimacy for interventions- can blame congress for expanded authority
Eppssep, 13
("The Senate’s Syria Resolution Has a Huge Secret Giveaway to the President"
GARRETT EPPS-http://www.theatlantic.com/garrett-epps/SEP former reporter for The Washington Post, is a novelist and legal scholar. He teaches courses in constitutional law and creative writing for law students at the University of Baltimore. Sept 6 2013, http://www.theatlantic.com/politics/archive/2013/09/the-senates-syria-resolution-has-a-huge-secret-giveaway-to-the-president/279421/) KH
The "Whereas" language in the draft AUMF gives significant support to the position that the President has some (uncertain) independent constitutional authority to use force in Syria, regardless of what Congress authorizes, and (perhaps) beyond what Congress authorizes. Since I believe that a unilateral presidential use of force in Syria would go beyond all past OLC precedents-http://www.lawfareblog.com/2013/08/how-administration-lawyers-are-probably-thinking-about-the-constitutionality-of-the-syria-intervention-and-a-note-on-the-domestic-political-dangers-of-intervention/, the "Whereas" clause as currently drafted is especially important to the President’s novel constitutional position.
Note that this astonishing language did not appear in the administration’s own draft authorization-http://www.cnn.com/2013/08/31/us/obama-authorization-request-text/index.html?hpt=hp_t1.
AND
any time he or she determines that "national security" demands it.

Tournament: Gonzaga | Round: 6 | Opponent: Gonzaga Miester-Ornelas | Judge: Weitz
1NC
Obama~’s credible threat is key to Iran negotiations and preventing Israeli strikes
Christopher Dickey, Paris bureau chief and Middle East editor for Newsweek and The Daily Beast, "How to Stop Iran: Obama~’s War By Other Means," Daily Beast, 9/28/13
The historic phone call with Iran~’s president and the breakthrough deal on Syria show the
AND
the famous line from Clausewitz, Obama~’s diplomacy is war by other means.
The plan undermines Obama~’s war power credibility—that kills negotiations
Matthew Waxman, professor of law at Columbia Law School and an adjunct senior fellow at the Council on Foreign Relations. He previously served as principal deputy director of policy planning (2005–7) and acting director of policy planning (2007) at the US Department of State, 1/28/13, Executive-Congressional Relations and National Security, www.advancingafreesociety.org/the-briefing/executive-congressional-relations-and-national-security/
The last four years should have been a good period for executive-congressional relations
AND
it will find its freedom to maneuver and deliver on assurances severely constrained.
Iran proliferation causes nuclear war
Edelman, distinguished fellow – Center for Strategic and Budgetary Assessments, ~’11
(Eric S, "The Dangers of a Nuclear Iran," Foreign Affairs, January/February)
The reports of the Congressional Commission on the Strategic Posture of the United States and
AND
any of these aspirants could develop a nuclear weapons capability within a decade.
There is, however, at least one state that could receive significant outside support
AND
particular method of acquisition only circumvents, rather than violates, the NPT.
n-player competition
Were Saudi Arabia to acquire nuclear weapons, the Middle East would count three nuclear
AND
would retaliate against the wrong party, potentially triggering a regional nuclear war.

1NR

1NR

Iran

Overview

Iran prolif outweighs—

Quick regional prolif ensures accidents and miscalc – that’s Edelman.

Extinction

Toon, chair – Department of Atmospheric and Oceanic Sciences – Colorado University, 4/19/’7
(Owen B, climate.envsci.rutgers.edu/pdf/acp-7-1973-2007.pdf)
To an increasing extent, people are congregating in the world’s great urban centers,
AND
should be carried out as well for the present scenarios and physical outcomes.

Most probable

James A. Russell, Senior Lecturer, National Security Affairs, Naval Postgraduate School, ’9 (Spring) "Strategic Stability Reconsidered: Prospects for Escalation and Nuclear War in the Middle East" IFRI, Proliferation Papers, ~2326, http://www.ifri.org/downloads/PP26_Russell_2009.pdf
Strategic stability in the region is thus undermined by various factors: (1)
AND
the peoples of the region, with substantial risk for the entire world. 

Iran prolif is a crisis magnifier – draws in great powers to small conflicts

Edelman, Fellow – Center of Strategic and Budgetary Assessments, ’11
(Eric, "Edelman, Krepinevich, and Montgomery Reply," Foreign Affairs Vol. 9 Iss. 2, March/April)
Ultimately, if Tehran does cross the nuclear threshold and Israel chooses to live with
AND
dynamics of Iranian-Israeli relations could be prone to miscalculation and escalation. 

Iranian proliferation escalates into global nuclear war

Kroenig 12
~Matthew, assistant professor in the Department of Government at Georgetown University and a research affiliate with The Project on Managing the Atom at Harvard University, he served as a strategist on the policy planning staff in the Office of the Secretary of Defense where he received the Office of the Secretary of Defense’s Award for Outstanding Achievement. He is a term member of the Council on Foreign Relations and has held academic fellowships from the National Science Foundation, the Belfer Center for Science and International Affairs at Harvard University, the Center for International Security and Cooperation at Stanford University, and the Institute on Global Conflict and Cooperation at the University of California, "The History of Proliferation Optimism:  Does It Have A Future?" http://www.npolicy.org/article.php?aid=118226rtid=2-http://www.npolicy.org/article.php?aid=118226rtid=2~~, accessed 6/5/13,WYO/JF
Regional instability: The spread of nuclear weapons also emboldens nuclear powers contributing to regional
AND
strike could very well lead to a wider war in the Middle East.

Turns Case—

Obama weakness independently causes global conflict

Coes 11 (a former speechwriter in the George H.W. Bush administration) September 30  "The disease of a weak president", The Daily Caller, http://dailycaller.com/2011/09/30/the-disease-of-a-weak-president/)
Off case The disease of a weak president usually begins with the Achilles’ heel all
AND
one or the other. The status quo is simply not an option.

Also causes rollback/circumvention

Laura Young, Ph.D., Purdue University Associate Fellow, June 2013, Unilateral Presidential Policy Making and the Impact of Crises, Presidential Studies Quarterly, Volume 43, Issue 2
A president looks for chances to increase his power (Moe and Howell 1999).
AND
policy formation process. In short, focusing events increase presidential unilateral power.

Turns the entire aff

Howell ’7
William, professor of political science at U-Chicago, and Jon C. Pevehouse, professor of Political Science UW-Madison, "While Dangers Gather : Congressional Checks on Presidential War Powers," 2007 ed.
SIGNALING RESOLVE To the extent that congressional discontent signals domestic irresolution to other nations,
AND
president lacks support may make them wary of committing any troops at all.

Outweighs their mechanism

Laura Young, Ph.D., Purdue University Associate Fellow, June 2013, Unilateral Presidential Policy Making and the Impact of Crises, Presidential Studies Quarterly, Volume 43, Issue 2
During periods of crisis, the time available to make decisions is limited. Because
AND
regardless of the institutional make-up of government or his persuasive abilities.
Turns Terror- IRANIAN PROLIF CAUSES NUCLEAR TERRORISM: FACILITY DISPERSION RISKS TERRORIST THEFT, AND NO CENTRALIZED CONTROL RISKS DELIBERATE TRANSFERS TO TERRORISTS
Sagan in ’7
~Scott, Professor, Wishes he was Kenneth Waltz, "A Nuclear Iran: Promoting Stability or Courting Disaster", Journal of International Affairs, Summer, p. asp ~
First, the stability-instability paradox—that is, the possibility that individual
AND
terrorist supporter organizations be one and the same is a recipe for disaster.

Turns Heg- Nuclear Iran kills U.S. hegemony – emboldens enemies and weakens alliances

Takeyh and Lindsay, 10
~James M. Lindsay, Senior Vice President, Director of Studies, and Maurice R. Greenberg Chair, Ray Takeyh, Senior Fellow for Middle Eastern Studies "After Iran Gets the Bomb Containment and Its Complications,"  March/April 2010, http://www.cfr.org/publication/22182/after_iran_gets_the_bomb.html-http://www.cfr.org/publication/22182/after_iran_gets_the_bomb.html~~
 The dangers of Iran’s entry into the nuclear club are well known: emboldened
AND
from Washington; foes would challenge U.S. policies more aggressively.
Such a scenario can be avoided, however. Even if Washington fails to prevent
AND
it remains firmly committed to preserving the balance of power in the region.
Containing a nuclear Iran would not be easy. It would require considerable diplomatic skill
AND
to prevent Iran from going nuclear must not be taken off the table. 

Add-on—

Israel strikes this year without diplomatic gains and strong US reassurances

BEN BIRNBAUM, "An Israeli Strike on Iran Just Got More Likely" TNR, 9/12/13
The argument will come up sooner than most think. Based on my reporting,
AND
questions for Israel to be concerned. The questions themselves are worrisome enough.

Global nuclear conflict – draws in Russia and China AND leads to the detonation of CBW’s

Morgan 09
~Dennis Ray Morgan, Hankuk University of Foreign Studies- South Korea, 10 July 2009, World on fire: two scenarios of the destruction of human civilization and possible extinction of the human race, Futures 41 (2009) 683–693, uwyoamp~
Given the present day predicament regarding Iran’s attempt to become a nuclear power, particular
AND
the Russians, that they are still potential enemies in a nuclear holocaust.

UQ

Obama focused on Iranian nuclear program – optimistic tone for diplomatic outcome

Mark Landler, "Obama Defends U.S. Engagement in the Middle East," NYT, 9/24/2013
¶ Much of Mr. Obama’s focus was on the sudden, even disorienting flurry
AND
added, "but I firmly believe the diplomatic path must be tested."  

Successful Iran nuclear negotiations are coming now – Congress is key

Terri Lodge, CNN, 9/19/13, Is Iran ready to deal on nukes?, www.cnn.com/2013/09/19/opinion/lodge-wallin-iran/
As the toll of international sanctions on Iran continues to mount, Iran’s new President
AND
point, could be misinterpreted as an unwillingness to support a diplomatic solution.

Now is key – negotiation work now

Roger Cohen, "Between Martyrdom and Diplomacy," NYT, 9/26/13
ISTANBUL — The Middle East is a place of fast-changing fortunes these days
AND
game-changing accord. The United States and Iran must seize it.

Link

A negotiation is coming – but the plan ruins obama’s civil military relations because congress loses doubt when the president starts citing agregious amounts of supposed priorities – that’s waxman

The plan’s restriction on Obama destroys potential Iran negotiations and causes widespread backlash

Jon Alterman, CSIS Global Security Chair and Middle East Program Director, 9/4/13, US-Iran Nuclear Deal Hinges On Syria Vote, www.al-monitor.com/pulse/originals/2013/09/us-iran-nuclear-deal-hinges-on-syria-vote.html
Focusing solely on events in Syria, however, misses a large part of the
AND
a hostile Congress is not a president with whom it is worth negotiating.

*Obama leadership over congress is key to Iranian negotiations – without change Middle East war is inevitable

Peter Goodman, "Iran’s Rouhani Wants Nuclear Deal Without Conflict In ’New Era’," Huffington Post, 9/27/13
You need not possess a doctorate in diplomacy to summon skepticism for Iranian President Hassan
AND
described as a powder keg demands a serious go of the process underway.

Tournament: UNT | Round: 4 | Opponent: Kansas Getto-Owen | Judge: Munday

K

The silence of the aff on the question of how colonialism was produced through the genocide of Native Americans is highly problematic- the call to come before decolonization bases the aff’s moral system on the continued benefit of genocidal occupation

Morgensen 2010
~Morgensen, Scott, 2k10, GLQ: A Journal of Lesbian and Gay Studies, Volume 16, Number 1-2, "Settler Homonationalism: Theorizing Settler Colonialism within Queer Modernities, 2010.~

Denaturalizing settler colonialism will mark it as not a fait accompli but a process open
AND
obscured behind normatively white and national desires for Native roots and settler citizenship. 

Their illusion to the White/Black binary assimilates and suppresses indigenous peoples leading to worse oppression against minority groups and constantly continues to reify colonialism

Alcoff ’03
~Linda Martin, Syracuse University Department of Philosophy, "Latino/AS, Asian Americans, and the Black-White Binary" The Journal of Ethics 7, 5.2.2003. http://link.springer.com/content/pdf/10.10232FA3A1022870628484.pdf wyo-hdm~
The reality of race in the U.S. has always been more complicated
AND
of af?rmative action. I will support these claims further in what follows.

Lack of decolonization results in ongoing genocide, assimilation and annihilation of indigenous peoples and culture- k2 solve environmental degradation, heterosexism, classism, racism, sexism and militarism

Churchill 96 (Ward, Prof. of Ethnic Studies @ U. of Colorado, Boulder BA and MA in Communications from Sangamon State, "From a Native Son",mb)

I’ll debunk some of this nonsense in a moment, but first I want to
AND
, sexist, classist, homophobic, militaristic order on non-Indians. 

Our first priority is to give back the land.

Decolonization must be our ethical first priority, any form of liberation that perpetuates the occupation of Indigenous territory is only colonialism in another form. The demand to end the occupation of First American lands is a necessary prerequisite to solving other forms of oppression and any form of positive social change

Churchill 96 (Ward, Prof. of Ethnic Studies @ U. of Colorado, Boulder BA and MA in Communications from Sangamon State, "From a Native Son",mb)

The question which inevitably arises with regard to indigenous land claims, especially in the
AND
"impossible realism," isn’t it time we all worked on attaining it?

The alt is the first priority and the very existence of the U.S. makes their impacts inevitable
Churchill ’03
~Ward, Codirector of the Colorado Chapter of the American Indian Movement. Prof. of Ethnic Studies and American Indian Studies @ U. of Colorado, Boulder BA and MA in Communications from Sangamon State, "Acts of Rebellion: The Ward Churchill Reader", p 263-5wyo-hdm~
I am here, however, as may have been gleaned from my opening quotation
AND
of self-determining existence to every indigenous nation within its purported borders.

1NR

Ow/s the aff- violence committed against Native people must be understood as qualitatively different than the marginalizations that occur to other minority groups- key to recognizing the colonialist privilege these groups seek to attain on stolen land

Sandy Grande. "American Indian Geographies of Power: At the Crossroads of Indigena and Mestizaje." Harvard Educational Review, 70:4. Winter 2000.

In this article, Sandy Marie Anglas Grande outlines the tensions between American Indian epistemology
AND
a sovereign and tribal people within the geopolitical confines of the United States. 

The alternative sparks global decolonization movements that are critical to averting environmental collapse and extinction

Tinker ’96
~George E. Tinker, Iliff School of Technology, 1996, Defending Mother Earth: Native American Perspectives on Environmental Justice, ed. Jace Weaver, p. 171-72wyo-hdm~
My suggestion that we take the recognition of indigenous sovereignty as a priority is an
AND
is not simply just; the survival of all may depend on it.

Link

Third, Race issues are more complex than black and white- The affirmative’s negates the reality of other people of color through their discourse in the 1AC

Alcoff ’03
~Linda Martin, Syracuse University Department of Philosophy, "Latino/AS, Asian Americans, and the Black-White Binary" The Journal of Ethics 7, 5.2.2003.wyo-hdm~
The discourse of social justice in regard to issues involving race has been dominated in
AND
thinking has had many deleterious effects for Latino/as and Asian Americans.

Aff recreates racial divisions- leaves no interspace for those who don’t meet defined categories of African American

Sexton 10
Jared Sexton Crit Sociol 2010 36: 87
However, the notion of an ’endemic’ black-white model of racial thought
AND
1994: 154), that political-intellectual enterprise is not without hazard.

They say our focus on land is bad but- There’s no chance of offense here, land provides the internal link to all facets of Indigenous culture and ways of life

Bradford ’03
~William, Chiricahua Apache. LL.M., 2001, Harvard Law School; Ph.D., 1995, Northwestern University; J.D., 2000, University of Miami. Assistant Professor of Law, Indiana University, Indianapolis, Indiana, "With a Very Great Blame on Our Hearts": n1 Reparations, Reconciliation, and an American Indian Plea for Peace with Justice; 27 Am. Indian L. Rev. 1; Lexiswyo-hdm~
The relationship between the land and Indian people is fundamental to their physical and cultural
AND
. . fact that the Indians were here when the white man arrived~.~"

We do not link to their intersectionality argument- I said in cross-x that I will not define what a native American is because I do not think they should be tied down to land, we do not deny people multiple identities, I am white and native doesn’t mean I am not still native

We must decolonize education by centering minority epistemologies which is key to intersectionality

Richardson 12 (Troy A, Associate Professor, College of Agriculture and Life Sciences (CALS), Cornell University, "Disrupting the Coloniality of Being: Toward De-colonial Ontologies in Philosophy of Education." Studies in Philosophy and Education 31.6 (2012): 539-551)OG

Countering hierarchical social and educational relations in contexts of racialization is¶ outlined by Margonis
AND
enigma and¶ primitive to decolonial trans-ontologies in philosophy of education.

Perm

Third, the permutation is the colonialist status quo, stripping the alternative of its intellectualism and adding the native identity as just another marginalized voice, this also applies to the second perm they read

Sandy Grande. "American Indian Geographies of Power: At the Crossroads of Indigena and Mestizaje." Harvard Educational Review, 70:4. Winter 2000.

Corporate Commodification
The forces of both ethnic fraud and cultural encroachment operate to create a climate ripe
AND
the ideal of mestizaje represents a rather ominous threat to American Indian communities.

Tournament: Gonzaga | Round: 3 | Opponent: Idaho State Doty-Ivanovic | Judge: Jamie Cheek

1NC

The silence of the aff on the question of how colonialism was produced condemns their project to reifying colonialism- the call to come before decolonization bases the aff’s moral system on the continued benefit of genocidal occupation AND it’s a sequencing question- feminism must FIRST be informed by the historical, material, and fixed realities of the Native subject
Morgensen 2010
~Morgensen, Scott, 2k10, GLQ: A Journal of Lesbian and Gay Studies, Volume 16, Number 1-2, "Settler Homonationalism: Theorizing Settler Colonialism within Queer Modernities, 2010.~

Denaturalizing settler colonialism will mark it as not a fait accompli but a process open
AND
, as steps toward shifting non-Native queer politics in decolonizing directions. 

Feminist strategies fail in the context of native women, misunderstand racism and its impact on the erasure of native women’s identity, we need a starting point from a indigenous perspective
Maracle ’02
~Lee, Women Studies at University of Windsor, Leader in personal and cultural reclamation and international expert on Canadian First Nations culture and history, I AM WOMEN, Raincoast Books, 5.31.2002. wyo-hdm~
I USED TO consider myself a liberated woman. I woke up at the bottom
AND
us all blossom beautiful and productive. 3. Isn’t Love a Given?

Lack of native methodology results in ongoing genocide, assimilation and annihilation of indigenous peoples and culture- k2 solve environmental degradation, heterosexism, classism, racism, sexism and militarism

Churchill 96 (Ward, Prof. of Ethnic Studies @ U. of Colorado, Boulder BA and MA in Communications from Sangamon State, "From a Native Son",mb)

I’ll debunk some of this nonsense in a moment, but first I want to
AND
, sexist, classist, homophobic, militaristic order on non-Indians. 

Our first priority is to give back the land.

Decolonization must be our ethical first priority, any form of liberation that perpetuates the occupation of Indigenous territory is only colonialism in another form. The demand to end the occupation of First American lands is a necessary prerequisite to solving other forms of oppression and any form of positive social change

Churchill 96 (Ward, Prof. of Ethnic Studies @ U. of Colorado, Boulder BA and MA in Communications from Sangamon State, "From a Native Son",mb)

The question which inevitably arises with regard to indigenous land claims, especially in the
AND
"impossible realism," isn’t it time we all worked on attaining it?

1NR

Ow/s the aff- violence committed against Native people must be understood as qualitatively different than the marginalizations that occur to other minority groups- key to recognizing the colonialist privilege these groups seek to attain on stolen land

Sandy Grande. "American Indian Geographies of Power: At the Crossroads of Indigena and Mestizaje." Harvard Educational Review, 70:4. Winter 2000.

In this article, Sandy Marie Anglas Grande outlines the tensions between American Indian epistemology
AND
a sovereign and tribal people within the geopolitical confines of the United States. 

The alt is the first priority and the very existence of the U.S. makes their impacts inevitable
Churchill ’03
~Ward, Codirector of the Colorado Chapter of the American Indian Movement. Prof. of Ethnic Studies and American Indian Studies @ U. of Colorado, Boulder BA and MA in Communications from Sangamon State, "Acts of Rebellion: The Ward Churchill Reader", p 263-5wyo-hdm~
I am here, however, as may have been gleaned from my opening quotation
AND
of self-determining existence to every indigenous nation within its purported borders.

Policy Debate is skewed towards Western ways of knowing

Walker 4 (Polly O, is of Cherokee and Anglo descent and holds a PhD in conflict transformation from the University of Queensland in Australia. "Decolonizing conflict resolution: addressing the ontological violence of westernization," The American Indian Quarterly 28.3264 (2004) 527-549)

The atomistic conceptualizations on which these Western models are based also depict relationships as being
AND
with extensive knowledge of the conflict (Burton 1996, 60–61). 

That’s especially true in college debate

Spanos 4 (William, Prof of English @ Binghamton U, in Joe Millers’ Book Cross-ex, pg. 467)

Dear Joe Miller, Yes, the statement about the American debate circuit you refer
AND
the blind arrogance of Bush Administration and his neocon policy makers is leading.

Third, our methodology comes 1st-We must examine the epistemological assumptions of critical projects and their conception of native identity prior to the affirmative

Sandy Grande. "American Indian Geographies of Power: At the Crossroads of Indigena and Mestizaje." Harvard Educational Review, 70:4. Winter 2000.

In this article, Sandy Marie Anglas Grande outlines the tensions between American Indian epistemology
AND
a sovereign and tribal people within the geopolitical confines of the United States. 

Second, Deconstruction erases the objective truth of sovereignty and Native histories – perm can’t solve because it denies the possibility of objective truth in the name of radical sexual politics, thereby erasing the facticity of the genocide of the Native American

Gorelova, 2009 (Olena, "Postmodernism, native American literature, and Issues of sovereignty." http://etd.lib.montana.edu/etd/2009/gorelova/GorelovaO0509.pdf, online, MB)

Postmodernism is all about bringing margins into the play and rejecting grand narratives. Michael
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perspective as well as five hundred years of colonization that is still ongoing. 

Sixth, feminism, even when diversified, sustains colonialism and white supremacy

Grande 4 (Sandy, Associate Professor of Education at Connecticut College, Ph.D., "Red Pedagogy", pg. 124-126)

I feel compelled to begin by stating: I am not a feminist. Rather
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(re)inviting examinations of the field from a variety of perspectives.

We outweigh their discourse claims- colonialist discourse is the main cause of imperialist aggression resulting in violence and terrorism on those who have been colonized and those who are the colonizers

Rouwane ’01
~M’barek, Hassan II University, Ain Chok, Casablanca, Morocco, "Colonialist Discourse: "Postcolonial" Violent Realities and Practices" 5.7.2001. http://www.postcolonialweb.org/poldiscourse/casablanca/rouwane1.html//wyo-hdm~~
Colonialist discourse (in the colonial as well as the so-called postcolonial situation
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counter-violence to eradicate, erase, and eventually obliterate from memory.

Third, There is no permutation- Women are constructed as subjects of life within the biopolitical regime of colonialism whereas Natives are subjects of death- this understanding conditioned and informs politics, we are the only prerequisite

Smith 10 (Andrea "Queer Theory and Native Studies: The Heteronormativity of Settler Colonialism" GLQ: A Journal of Lesbian and Gay Studies, Volume 16, Number 1-2, 2010, pp. 42-68 (Article) ) 

Thus normative futurity depends on an "origin story." The future is legitimated as
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the origin story that generates the autonomous present for  the white queer subject.

Fourth, it’s a question of starting points- the perspective of identity can never encapsulate the stability and construction that identity decolonization necessitates

Fifth, the permutation is the colonialist status quo, stripping the alternative of its intellectualism and adding the native identity as just another marginalized voice

Sandy Grande. "American Indian Geographies of Power: At the Crossroads of Indigena and Mestizaje." Harvard Educational Review, 70:4. Winter 2000.

Corporate Commodification
The forces of both ethnic fraud and cultural encroachment operate to create a climate ripe
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the ideal of mestizaje represents a rather ominous threat to American Indian communities.

Tournament: UMKC | Round: 2 | Opponent: Kansas CD | Judge: Petit

1NC- Prez Powers

Obama has built a solid basis for expanded Executive authority by pushing statutory and judicial limitations – Syria continues the trend
Gordon Silverstein, Assistant Dean and Lecturer in Law at Yale Law School, and author of Law’s Allure: How Law Shapes, Constrains, Saves and Kills Politics, "Obama Just Increased Executive Power—Again," New Republic, 9/4/2013
Bush-Cheney Administration alumni have risen from the ashes to denounce President Obama’s decision
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and may now be more willing to follow the precedent Obama has set.

Congressional restrictions on presidential war power prevent the presidency from responding to crises

Turner 2012
~Professor Turner holds both professional and academic doctorates from the University of Virginia School of Law, where in 1981 he co-founded the Center for National Security Law with Professor John Norton Moore—who taught the nation’s first course on national security law in 1969. Turner served as chairman of the ABA Standing Committee on Law and National Security from 1989–1992., The War Powers Resolution at 40: Still an Unconstitutional, Unnecessary, and Unwise Fraud That Contributed CASE WESTERN RESERVE JOURNAL OF INTERNATIONAL LAW•VOL. 45•2012, Directly to the 9/11 Attacks, http://law.case.edu/journals/JIL/Documents/45CaseWResJIntlL1262.pdf-http://law.case.edu/journals/JIL/Documents/45CaseWResJIntlL1262.pdf, uwyoamp~

The 1973 War Powers Resolution was a fraud upon the American people, portrayed as
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, the time has come to bring an end to this congressional lawbreaking.

Presidential power is zero-sum- the branches compete

Barilleaux and Kelley 2010 ~Ryan J. , Professor of Political Science at Miami, OH; and Christopher S. , Lecturer (Political Science) at Miami, OH, The Unitary Executive and the Modern Presidency, Texas A26M Press, p. P 196-197, 2010 wyo-sc~
In their book The Broken Branch, Mann and Ornstein paint a different view.
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of these trends away from meaningful congressional stewardship of foreign policy and spending. 

Strong executive key to contain WMD threat of North Korea/rogue states

Nzelibe 26 Yoo 06
~Jide Nzelibe and John C. Yoo. , Yoo  is a professor of law at the University of California at Berkeley School of Law , ,Rational war and constitutional design.(Symposium on Executive Power).
Yale Law Journal 115.9 (July 2006): p2512(30), uwyoamp~

The declining value of costly signals is counterbalanced by the benefit of using preemptive force
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to determine whether to seek to signal a nondemocractic regime with legislative authorization.

An unchecked North Korea causes global catastrophe
Hayes and Green, 10
~*Victoria University AND Executive Director of the Nautilus Institute (Peter and Michael, "-"The Path Not Taken, the Way Still Open: Denuclearizing the Korean Peninsula and Northeast Asia", 1/5, http://www.nautilus.org/fora/security/10001HayesHamalGreen.pdf) uwyoamp~
The consequences of failing to address the proliferation threat posed by the North Korea developments
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threat but a global one that warrants priority consideration from the international community.
Timeframe- Syrian chemical weapons use lowers threshold for NK lashout
Bodeen 09/10
~Christopher Bodeen, 09/10/13, U.S. warns of North Korean chemical weapons threat, http://www.armytimes.com/article/20130910/NEWS08/309100003/U-S-warns-North-Korean-chemical-weapons-threat-http://www.armytimes.com/article/20130910/NEWS08/309100003/U-S-warns-North-Korean-chemical-weapons-threat, uwyoamp~

Miller said he emphasized to his Chinese counterpart that lowering the threshold for chemical weapons
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clear and massive use of chemical weapons," Miller said he told Wang.
Probability- capable of in nuclear detonation in the American heartland, killing millions
Pry 2013
~Peter Vincent Pry is executive director of the Task Force on National and Homeland Security, and served on the Congressional EMP Commission and the House Armed Services Committee and at the CIA., April 15^th, 2013, The danger of dismissing North Korea’s nuclear threat, http://www.washingtontimes.com/news/2013/apr/15/the-danger-of-dismissing-north-koreas-nuclear-thre/~~23ixzz2alIMb9Qg
Follow us: @washtimes on Twitter, uwyoamp~

North Korea could deliver a nuclear bomb in the hold of a freighter under a
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successful nuclear tests is still not a real threat to the American heartland.
Subpoint B) Institutionally weakened executive kills U.S. leadership—makes us look arrogant, hypocritical, and kills our ability to commit militarily.
Mallaby 2K
~Sebastian Mallaby, Director of the Maurice R. Greenberg Center for Geoeconomic Studies and Paul A. Volcker Senior Fellow for International Economics at the Council on Foreign Relations, "The Bullied Pulpit; A Weak Chief Executive Makes Worse Foreign Policy," Foreign Affairs, February 2000, http://www.lexisnexis.com/hottopics/lnacademic/?verb=sr26csi=798426sr=HLEAD(Bullied20Pulpit-A20Weak20Chief20Executive20Makes20Worse20Foreign20Policy,20The)20and20date20is202000-http://www.lexisnexis.com/hottopics/lnacademic/?verb=sr26csi=798426sr=HLEAD(Bullied20Pulpit-A20Weak20Chief20Executive20Makes20Worse20Foreign20Policy,20The)20and20date20is202000  wyo-ch~
All of these arguments may have merit. The evidence cited by both camps can
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. Since the republic’s founding, Americans have been suspicious of concentrated power. 

Subpoint B) Strong executive key to solve climate change-lack of congressional action prevents solvency in the squo and executive negotiating power key to check  environmental and economic collapse
Wold 2012
~Chris Wold, Professor of Law 26 Director, International Environmental Law Project
(IELP), 2012, Lewis 26 Clark Law School, 2012, CASE WESTERN RESERVE JOURNAL OF INTERNATIONAL LAW•VOL. 45•2012, uwyoamp~

In 2007, then-Senator Barack Obama wrote, "As the world’s largest
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economic crisis that lies ahead if we fail to take more aggressive action.

Flexible presidency key to OCO
Munoz 12
~Carlo Munoz, writer for The Hill, 11/14/12, Obama authorizes new cyber warfare directive, http://thehill.com/blogs/defcon-hill/policy-and-strategy/267879-report-obama-authorizes-new-cyber-warfare-directive//-http://thehill.com/blogs/defcon-hill/policy-and-strategy/267879-report-obama-authorizes-new-cyber-warfare-directive/, uwyoamp~

Specifically, the new presidential directive differentiates between network defense capabilities and other so-
AND
will prioritize network defense and law enforcement as the preferred courses of action."
Grid attacks causes retaliation and nuclear war
Tilford 12 Robert, Graduate US Army Airborne School, Ft. Benning, Georgia, "Cyber attackers could shut down the electric grid for the entire east coast" 2012, http://www.examiner.com/article/cyber-attackers-could-easily-shut-down-the-electric-grid-for-the-entire-east-coa-http://www.examiner.com/article/cyber-attackers-could-easily-shut-down-the-electric-grid-for-the-entire-east-coa
To make matters worse a cyber attack that can take out a civilian power grid, for example could also cripple the U.S. military.¶ The senator notes that is that the same power grids that supply cities and towns, stores and gas stations, cell towers and heart monitors also power "every military base in our country."¶ "Although bases would be prepared to weather a short power outage with backup diesel generators, within hours, not days, fuel supplies would run out", he said.¶ Which means military command and control centers could go dark.¶ Radar systems that detect air threats to our country would shut Down completely.¶ "Communication between commanders and their troops would also go silent. And many weapons systems would be left without either fuel or electric power", said Senator Grassley.¶ "So in a few short hours or days, the mightiest military in the world would be left scrambling to maintain base functions", he said.¶ We contacted the Pentagon and officials confirmed the threat of a cyber attack is something very real.¶ Top national security officials—including the Chairman of the Joint Chiefs, the Director of the National Security Agency, the Secretary of Defense, and the CIA Director— have said, "preventing a cyber attack and improving the nation’s electric grids is among the most urgent priorities of our country" (source: Congressional Record).¶ So how serious is the Pentagon taking all this?¶ Enough to start, or end a war over it, for sure (see video: Pentagon declares war on cyber attacks http://www.youtube.com/watch?v=_kVQrp_D0kY26feature=relmfu ).¶ A cyber attack today against the US could very well be seen as an "Act of War" and could be met with a "full scale" US military response.¶ That could include the use of "nuclear weapons", if authorized by the President.

UQ
Asking for authorization has made presidential war powers stronger-it is a political move designed to spread blame and he still believes he can act alone
Posner 9-3
(Eric Andrew Posner is Kirkland and Ellis Professor of Law at the University of Chicago Law School. "Obama Is Only Making His War Powers Mightier"9-3-13 http://www.slate.com/articles/news_and_politics/view_from_chicago/2013/09/obama_going_to_congress_on_syria_he_s_actually_strengthening_the_war_powers.html//wyoccd)
President Obama’s surprise announcement that he will ask Congress for approval of a military attack
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the past, presidents who expected dissent did not ask Congress for permission.)¶
Mass expansion-DADT repeal, Women in combat repeal, DREAMER’s order, drone strikes
Roussey 2013
~February 10^th, 2013, Obama’s Commandments: How the president is wielding executive power in 2nd term, http://www.wjla.com/articles/2013/02/obama-s-commandments-how-the-president-is-wielding-executive-power-in-2nd-term-85070.html~~23ixzz2alLaj29S-http://www.wjla.com/articles/2013/02/obama-s-commandments-how-the-president-is-wielding-executive-power-in-2nd-term-85070.html, uwyoamp~

Regulations give teeth and specificity to laws are essential to their functioning even as they
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range of policy fronts that sat quiet in much of his first term.

-Libya
Meckler ’12
~Laura Meckler, writer for WSJ, March 30^th, 2012, Obama Shifts View of Executive Power,  http://online.wsj.com/article/SB10001424052702303812904577292273665694712.html-http://online.wsj.com/article/SB10001424052702303812904577292273665694712.html, uwyoamp~

When he ran for president, Barack Obama promised to roll back President George W
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been targeted and killed based on the judgment of the executive branch alone.

LX
Oversight of the executive makes it impossible for the President to respond to the rapid nature of today’s security threats
Mcullough 2013
~Michael Mcullough, fine arts counsel to major corporations describing the DOJ’s "White Paper" argument in favor of unrestrained exec power, February 21, 2013, From Drones to Drachms, http://mcculloughllc.wordpress.com/2013/02/21/presidential-power/-http://mcculloughllc.wordpress.com/2013/02/21/presidential-power/,  uwyoamp~

The "White Paper," written by government lawyers, makes a pointed but unsubstantiated
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to review or ratify executive action may compromise America’s ability to defend itself.

Congressional restrictions on presidential war power prevent the presidency from responding to crises
Turner 2012
~Professor Turner holds both professional and academic doctorates from the University of Virginia School of Law, where in 1981 he co-founded the Center for National Security Law with Professor John Norton Moore—who taught the nation’s first course on national security law in 1969. Turner served as chairman of the ABA Standing Committee on Law and National Security from 1989–1992., The War Powers Resolution at 40: Still an Unconstitutional, Unnecessary, and Unwise Fraud That Contributed CASE WESTERN RESERVE JOURNAL OF INTERNATIONAL LAW•VOL. 45•2012, Directly to the 9/11 Attacks, http://law.case.edu/journals/JIL/Documents/45CaseWResJIntlL1262.pdf-http://law.case.edu/journals/JIL/Documents/45CaseWResJIntlL1262.pdf, uwyoamp~

The 1973 War Powers Resolution was a fraud upon the American people, portrayed as
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, the time has come to bring an end to this congressional lawbreaking.

Tournament: UNLV | Round: 5 | Opponent: Whitman College Menzies-Barsky | Judge: Robinson

Executive war power primacy now—the plan flips that

Posner 13
~Eric Posner, 9/3/13, Obama Is Only Making His War Powers Mightier, www.slate.com/articles/news_and_politics/view_from_chicago/2013/09/obama_going_to_congress_on_syria_he_s_actually_strengthening_the_war_powers.html~

President Obama’s surprise announcement that he will ask Congress for approval of a military attack
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peace. The war powers of the presidency remain as mighty as ever.
It would have been different if the president had announced that only Congress can authorize
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do that"—launch a military strike—"no matter what Congress does."
Thus, the president believes that the law gives him the option to seek a congressional yes or to act on his own. He does not believe that he is bound to do the first. He has merely stated the law as countless other presidents and their lawyers have described it before him.
The president’s announcement should be understood as a political move, not a legal one
AND
the past, presidents who expected dissent did not ask Congress for permission.)
People who celebrate the president for humbly begging Congress for approval also apparently don’t realize
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and avoid it when he knows that it will stand in his way.

Congressional restraints spill over to destabilize all presidential war powers.

Heder ’10 
(Adam, J.D., magna cum laude , J. Reuben Clark Law School, Brigham Young University, "THE POWER TO END WAR: THE EXTENT AND LIMITS OF CONGRESSIONAL POWER," St. Mary’s Law Journal Vol. 41 No. 3, http://www.stmaryslawjournal.org/pdfs/Hederreadytogo.pdf-http://www.stmaryslawjournal.org/pdfs/Hederreadytogo.pdf)
This constitutional silence invokes Justice Rehnquist’s oftquoted language from the landmark "political question"
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Constitution in an area where the Framers themselves declined to give such guidance. 

That goes nuclear

Li ’9
~Zheyao, J.D. candidate, Georgetown University Law Center, 2009; B.A., political science and history, Yale University, 2006. This paper is the culmination of work begun in the "Constitutional Interpretation in the Legislative and Executive Branches" seminar, led by Judge Brett Kavanaugh, "War Powers for the Fourth Generation: Constitutional Interpretation in the Age of Asymmetric Warfare," 7 Geo. J.L. 26 Pub. Pol’y 373 2009 WAR POWERS IN THE FOURTH GENERATION OF WARFARE
A. The Emergence of Non-State Actors~

Even as the quantity of nation-states in the world has increased dramatically since
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and action necessary to prevail in fourth-generational conflicts against fourthgenerational opponents.

Tournament: UNLV | Round: 1 | Opponent: UNT AK | Judge: Shooter Weitz

1NC

Their REFUSAL to include women in the discussion is an act of racism and white supremacy which turns their aff. Native American women are afraid to call themselves feminist; allowing the suppression of Native feminism to continue only reentrenches male dominance and racist ideaologies. The affirmative denies women the possibility to align themselves within a woman centered identity.

Smith, 2005 (Andrea, "Native American Feminism, Sovereignty and social change", Vol. 31, No. 1 (Spring, 2005), pp. 116-13http:www.jstor.org/discover/10.2307/20459010?uid=373970426uid=226uid=426uid=373925626sid=21101924706531)
(INTERVIEWEE I) I think one of the reasons why women don’t call themselves
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an utter act of racism and white supremacy. And I do think it’s

This mistake has dire consequences—they entrench the root cause of racism and further entrench violence against women.  Their conception of race obscures the "microrelations of power" which makes biopolitical violence inevitable.

Feder 2007 
~Emily, "The Dangerous Individual(’s) Mother: Biopower, Family, and the Production of Race," Hypatia 22.2~

In a series of lectures delivered at the Collège de France in 1975–1976
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, for example, but also through efforts to contain disease (243).

We should reinterpret the 1AC through the lens of sexual difference

Irigaray 85
~Luce Irigaray, 1985, "An Ethics of Sexual Difference", uwyoamp~

Sexual difference is one of the major philosophical issues, if not the issue,
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-at least in French-rather than being neutral, is sexed.

1NR

Colonialism was birthed out of the mind of the man, while life was birthed out of the whom of the women.  The only way to affirm live of all people and of the natives is through femininity.

Women’s perspective are necessary to confront issues of indigenous oppression.
Winona LaDuke "An Indigenous Perspective on Feminism, Militarism, and the Environment. Peace Now. Spring/Summer 1994.
Indigenous women understand that our struggle for autonomy is related to the total need for
AND
the ability to be courageous and be in there for the long struggle.

Sexual violence is a product of colonialism- native women are subject to this violence more than any other group in the colonial U.S. we must affirm sexual difference in order to solve this form of oppression.

Smith ’5 (Andrea. "Native American Feminism, Sovereignty, and Social Change," Feminist Studies, 31.1, Spring 2005.)
That is, one of the harms suffered by Native peoples through state policy was
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state violence that could serve as a model for the broader antiviolence movement.

Must address western notions of masculinity otherwise dominance will continue

Sneider 2012 (Leah, "Gender, Literacy, and Sovereignty in Winnemucca’s iLife among the Piutes/i." uThe American Indian Quarterly/u 36.3 (2012): 257-287. iProject MUSE/i. Web. 6 Oct. 2012. 26lt;http://muse.jhu.edu/26gt;.)

In the first chapter of her tribalography, Sarah expresses her knowledge about conflicting social
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morality produce cross-cultural conflict that reinforces rather than renounces Western dominance.

AND the Phallogocentrism of the aff inflects irreparable loss on all female subjectivity

Braidotti 2011
~Braidotti, Rosi. Nomadic Subjects : Embodiment and Sexual Difference in Contemporary Feminist Theory (2nd Edition). New York, NY, USA: Columbia University Press, 2011. p 5.
http://site.ebrary.com/lib/uofw/Doc?id=1046445326ppg=16-http://site.ebrary.com/lib/uofw/Doc?id=1046445326ppg=16 Copyright © 2011. Columbia University Press. All rights reserved. Uwyoamp~

Irigaray is one of the few thinkers who places full emphasis on radical heterosexuality and
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replaced by self-love and love for the Woman one could become.

Pluralism D/A-Universal sexuate identity must come first, the perm creates a politics of pluralism which antagonize differences among oppressed groups and allows for the dismissal of the unique oppression women experience on the basis of gender-Post-colonial Africa proves

Mori 02
~Kaori Mori, 2002, Luce Irigaray’s Choreography with Sex and Race, Doctor of Philosophy Dissertation, uwyoamp~

If it is possible to understand Irigaray’s argument of the necessity of having women as
AND
they engage in, their demands or rights might be ignored or erased.

The affirmative’s failure to accommodate alternative strategies for liberation acts as patriarchs policing the revolutionary family. This form of internalized colonization will lead to liberation for the native community at the expense of those most marginalized within it.

Smith 10
Andrea. 2010. Dismantling Hierarchy, Queering Society. Tikkun 25(4): 60¶ author of Native Americans and the Christian Right: The Gendered Politics of Unlikely Alliances (Duke, 2008). prof @ UC Riverside.

Another reality that a queer activist approach reveals is that even social justice groups often
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open-ended, flexible, and ever-changing strategies for liberation.

Tournament: Gonzaga | Round: 1 | Opponent: Whitman College Kochman-Hauck | Judge: Gordon

Interpretation and violation: Targeted killings are strikes carried about against pre-meditated, individually designated targets—-signature strikes are distinct

Kenneth Anderson 11, Professor at Washington College of Law, American University, Hoover Institution visiting fellow, Non-Resident Visiting Fellow at Brookings, "Distinguishing High Value Targeted Killing and ’Signature’ Attacks on Taliban Fighters," August 29 2011, http://www.volokh.com/2011/08/29/distinguishing-high-value-targeted-killing-and-signature-attacks-on-taliban-fighters/
From the US standpoint, it is partly that it does not depend as much
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will not tell one very much without knowing what mission is at issue.

Vote neg —- signature strikes and targeted killings are distinct operations with entirely separate lit bases and advantages—-they kill precision and limits

Kenneth Anderson 11, Professor at Washington College of Law, American University, Hoover Institution visiting fellow, Non-Resident Visiting Fellow at Brookings, "Efficiency in Bello and ad Bellum: Targeted Killing Through Drone Warfare," Sept 23 2011, http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1812124
Although targeted killing and drone warfare are often closely connected, they are not the
AND
than individualized "high value" targets, whether Taliban or Al Qaeda.

Tournament: UNT | Round: 4 | Opponent: Kansas Getto-Owen | Judge: Munday

T

a. Interpretation and violation—-the affirmative should defend the desirability of topical government action

Most predictable—the agent and verb indicate a debate about hypothetical government action

Jon M Ericson 3, Dean Emeritus of the College of Liberal Arts – California Polytechnic U., et al., The Debater’s Guide, Third Edition, p. 4
The Proposition of Policy: Urging Future Action In policy propositions, each topic contains
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accept the affirmative side in such a debate is to offer sufficient and compelling 

"Restrict" is to prevent

Corpus Juris Secundum, 1931
(Volume 54, p. 735)

RESTRICT:  To confine; to limit; to prevent (a person or thing) from passing a certain limit in any kind of action; to restrain; to restrain without bounds.

Restriction is more than augmentation – must curtail

James P. Terry, 2009 (Ave Maria Law Review, Spring 2009, Retrieved 6/1/2013, Lexis/Nexis)
Although congressional legislation has operated to augment presidential powers in the foreign affairs field much
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and political powers through curbs on his authority to declare national emergencies. n109

"War powers" refers to the authority to use military force

Waxman, Professor of Law, Columbia Law School, 13
(Matthew, Adjunct Senior Fellow for Law and Foreign Policy, Council on Foreign Relations, "The Constitutional Power To Threaten War," Draft, Forthcoming in YALE LAW JOURNAL, vol. 123 (2014), http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2316777, accessed 8-28-13, CMM)

As to the constitutional issues, there is wide agreement among legal scholars on¶
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are more prone than congressionally-checked ones to be dangerously rash.11

Debate over a controversial point of action creates argumentative stasis—the resolution is key to decision making

Steinberg and Freely 08 
(David L., lecturer of communication studies – University of Miami, and Austin J.,Boston based attorney who focuses on criminal, personal injury and civil rights law, "Argumentation and Debate: Critical Thinking for Reasoned Decision Making" p. 45wyoccd)
Debate is a means of settling differences, so there must be a difference of
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particular point of difference, which will be outlined in the following discussion.

Decisionmaking is the most portable skill—key to all facets of life and advocacy

Steinberg and Freely 08 
(David L., lecturer of communication studies – University of Miami, and Austin J.,Boston based attorney who focuses on criminal, personal injury and civil rights law, "Argumentation and Debate: Critical Thinking for Reasoned Decision Making" p. 9-10wyoccd)
After several days of intense debate, first the United States House of Representatives and
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customer for out product, or a vote for our favored political candidate.

Debate needs middle of the road constraints; unbridled affirmation destroys dialogue that are key to political discussion

Hanghoj 08
(Thorkild Hanghøj, Phd, DREAM (Danish Research Centre on Education and Advanced Media Materials at the Institute of Literature, Media and Cultural Studies at the University of Southern Denmark. 2008 http://static.sdu.dk/mediafiles/Files/Information_til/Studerende_ved_SDU/Din_uddannelse/phd_hum/afhandlinger/2009/ThorkilHanghoej.pdf//wyoccd)
Debate games are often based on pre-designed scenarios that include descriptions of issues
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dialogue as an end in itself" (Wegerif, 2006: 61). 

b. Vote neg

Preparation and clash—changing the topic post facto manipulates balance of prep, which structurally favors the aff because they speak last and permute alternatives—strategic fairness is key to engaging a well-prepared opponent

Topical fairness requirements are key to effective dialogue—monopolizing strategy and prep makes the discussion one-sided and subverts any meaningful neg role

Simulated national security law debates preserve agency and enhance decision-making—-avoids cooption

Laura K. Donohue 13, Associate Professor of Law, Georgetown Law, 4/11, "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
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undoubtedly necessary, it suggests one potential direction for the years to come.

2NC

2NC Dialouge

Constraints on debate, like framework, are important because unbridled approaches to debate loses the political benefits. We need to meet in the middle to interplay the teaching and educational aspects of debate- Hanghoj 08

Dialogue is critical to affirming any value—shutting down deliberation devolves into a rebellious totalitarianism and reinscribes oppression

Morson 04
(Northwestern Professor, work ranges over a variety of areas: literary theory (
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proceed in much the same way, in an ongoing spiral of intolerance.

Dialogue is the biggest impact—the process of discussion opens up agency and recognizes difference

Morson 04
(Northwestern Professor, work ranges over a variety of areas: literary theory (especially narrative); the history of ideas, both Russian and European; a variety of literary genres incuding relation of literature to philosophy. 2004 http://www.flt.uae.ac.ma/elhirech/baktine/0521831059.pdf~~23page=331//wyoccd)
A belief in truly dialogic ideological becoming would lead to schools that were quite different
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most important thing is the value of the open-ended process itself. 

Student debate about war powers is critical to overall American Political Development—-influences the durable shifts in checks and balances

Dominguez and Thoren 10 Casey BK, Department of Political Science and IR at the University of San Diego and Kim, University of San Diego, Paper prepared for the Annual Meeting of the Western Political Science Association, San Francisco, California, April 1-3, 2010, "The Evolution of Presidential Authority in War Powers", http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1580395
Students of American institutions should naturally be interested in the relationships between the president and
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study change over time in Congress’ relations to the other branches of government.

This year’s resolution offers a crucial opportunity for political engagement —- policy relevant debate about war powers decision-making is critical to hold the government accountable for their hypocrisy —- only engaging specific proposals and learning the language of the war-machine solves

—we can use these categories to critique them; simulation does not undercut our potential for critique
—have to roll-play the enemy to know their language and learn their strategies
Mellor, European University Institute Graduate Student, 13 
(Ewan E. Mellor, "Why policy relevance is a moral necessity: Just war theory, impact, and UAVs," Paper Prepared for BISA Conference 2013, http://www.academia.edu/4175480/Why_policy_relevance_is_a_moral_necessity_Just_war_theory_impact_and_UAVs, accessed 10-20-13, CMM)

This section of the paper considers more generally the need for just war theorists to
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the public engagement and political activism that are necessary for democratic politics.52

Other educational forums are failing, that means debate is crucial to in-depth education of presidential authority that allows for effective checks on abuse.

Adler, professor of political science at Idaho State University, 5
(David Gray, "The Law: Textbooks and the President’s Constitutional Powers," Presidential Studies Quarterly 35, no. 2 ( June), Wilson Online Library, accessed 5-24-13, CMM)

Each year, approximately one million college and university students across the¶ United States
AND
) mischaracterizations about historic episodes involving the assertions of¶ broad presidential powers.

An unaccountable executive results in massive policy errors –guarantees a wave of new wars and abusive policies.

Chehab, Georgetown Law Center, 12
~Ahmad, 3-30-12, "Retrieving the Role of Accountability in the Targeted Killings Context: A Proposal for Judicial Review" http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2031572, p.30-3, accessed 9-15-13, TAP~

The practical, pragmatic justification for the COAACC derives largely from considering social psychological findings
AND
irrational persistence in pursuing ideological positions divorced from concern of alternative viewpoints.147
Professor Cass Sunstein has described situations in which groupthink produced poor results precisely because consensus
AND
1960’s,152 and the controversial decision to wage war against Vietnam.153
Professor Sunstein also has described the related phenomenon of "group polarization," which includes
AND
and other associated deficiencies are inevitable features in Executive Branch decision-making.
~Tom note – Sunstein, University of Chicago and Harvard University law professor~

2NC- Topical Version

There is obviously a topical version of affirmative- There affirmative would agree with the assessment that indefinite detention is bad, placing statutory restrictions on the war powers authority of the President of the United States in terms of gitmo. Another topical version of affirmative would be one that placed restrictions or overturned rulings that allowed indefinite detainment in the first place.

A topical version of the aff would solve most of their offense—it’s capable of radical change

Orly Lobel, University of San Diego Assistant Professor of Law, 2007, The Paradox of Extralegal Activism: Critical Legal Consciousness and Transformative Politics," 120 HARV. L. REV. 937, http://www.harvardlawreview.org/media/pdf/lobel.pdf

V. RESTORING CRITICAL OPTIMISM IN THE LEGAL FIELD
"La critique est aisée; l’art difficile."
A critique of cooptation often takes an uneasy path. Critique has always been and
AND
constantly redefining the boundaries of legal reform and making visible law’s broad reach. 

2NC- State K2 Solve Racism

The state is not inherently racist—many state structures exist that facilitate coexistence of different ethnic and racial groups. It is possible to improve the state.
Dean 06 (Jodi, Professor of Political Science, Hobart and William Smith College, "Is the state racist by nature?") http://jdeanicite.typepad.com/i_cite/2006/03/is_the_state_ra.html~~23more

I don’t think so. Overall, I think Old reads the state as such
AND
of state power, a routine practice in the history of imperial relations.

Understanding institutional policy is key to reform of racial hierarchies
Winant 2k (Howard, Temple University "Race and Race Theory" Annual Review of Sociology, 2000, http://www.soc.ucsb.edu/faculty/winant/Race_and_Race_Theory.html)

To summarize the racial formation approach: (1) It views the meaning of
AND
to mention global survival and prosperity, as we enter a new millennium.

Progressivism is possible, and it depends on effective decision-making, so T turns the case

Clark, professor of law – Catholic University, ’95
(Leroy D., 73 Denv. U.L. Rev. 23) 

I must now address the thesis that there has been no evolutionary progress for blacks
AND
of progress,’ short-lived victories that slide into irrelevance." n51
Progress toward reducing racial discrimination and subordination has never been "automatic," if that
AND
occurred in the international arena, and were not exclusively under American control.
With these qualifications, and a long view of history, blacks and their white allies achieved two profound and qualitatively different leaps forward toward the goal of equality: the end of slavery, and the Civil Rights Act of 1964. Moreover, despite open and, lately, covert resistance, black progress has never been shoved back, in a qualitative sense, to the powerlessness and abuse of periods preceding these leaps forward. n52

Structural antagonism destroys progressivism and re-entrenches racism—we can acknowledge every problem with the status quo, but adopt a pragmatic orientation towards solutions

Clark, professor of law – Catholic University, ’95
(Leroy D., 73 Denv. U.L. Rev. 23) 

A Final Word
Despite Professor Bell’s prophecy of doom, I believe he would like to have his
AND
, which will easily garner attention from a controversy-hungry media. n147
It is much harder to exercise imagination to create viable strategies for change. n148 Professor Bell sensed the despair that the average—especially average black—reader would experience, so he put forth rhetoric urging an "unremitting struggle that leaves no room for giving up." n149 His contention is ultimately hollow, given the total sweep of his work.
At some point it becomes dysfunctional to refuse giving any credit to the very positive
AND
and perplexity. No bridges are built—only righteousness is being sold.
A people, black or white, are capable only to the extent they believe
AND
. was his capacity to "dream" us toward a better place.

Tournament: UMKC | Round: 2 | Opponent: Kansas CD | Judge: Petit

1NC T – Statutory Restriction

 Not Single Branch/Committee===

~A.~ Interpretation: Statutory restrictions are only legislation that is passed by both houses of congress and signed by the president

1. Statutory restriction are limits placed on authorized activities by ruling legislation

Black’s Law
~"statutory restriction", http://thelawdictionary.org/statutory-restriction/-http://thelawdictionary.org/statutory-restriction/, accessed 6-2-13, AFB~
Limits or controls that have been place on activities by its ruling legislation.

2. Statutes must be passed by both houses of legislature and signed by the president – only then does it become ruling legislation

West’s Encyclopedia of American Law ed. 2, "statute," 2008.  http://legal-dictionary.thefreedictionary.com/statute
An act of a legislature that declares, proscribes, or commands something; a
AND
These codes are published in book form and are available at law libraries.

~B.~ Violation: The affirmative’s use of treaties does not occur through statutorily created ruling legislation.

Statutes and treaties are distinct – differing origin points and status of law

West’s Encyclopedia of American Law, ed. 2, "law," 2008. http://legal-dictionary.thefreedictionary.com/Statutes+and+Treaties
Statutes and Treaties¶ After the federal Constitution, the highest laws are written laws, or statutes, passed by elected federal lawmakers. States have their own constitution and statutes.¶ Federal laws generally involve matters that concern the entire country. State laws generally do not reach beyond the borders of the state. Under Article VI, Section 2, of the U.S. Constitution, federal laws have supremacy over state and local laws. This means that when a state or local law conflicts with a federal law, the federal law prevails.¶ Federal statutes are passed by Congress and signed into law by the president. State statutes are passed by state legislatures and approved by the governor. If a president or governor vetoes, or rejects, a proposed law, the legislature may override the Veto if at least two-thirds of the members of each house of the legislature vote for the law.¶ Statutes are contained in statutory codes at the federal and state levels. These statutory codes are available in many public libraries, in law libraries, and in some government buildings, such as city halls and courthouses. They are also available on the World Wide Web. For example, the statutory codes that are in effect in the state of Michigan can be accessed at http://www.michigan.gov/orr. A researcher may access the United States Code, which is the compilation of all federal laws, at http://uscode.house.gov. The site is maintained by the Office of the Law Revision Counsel of the U.S. House of Representatives.¶ On the federal level, the president has the power to enter into treaties, with the advice and consent of Congress. Treaties are agreements with sovereign nations concerning a wide range of topics such as environmental protection and the manufacture of nuclear missiles. A treaty does not become law until it is approved by two-thirds of the U.S. Senate. Most treaties are concerned with the actions of government employees, but treaties also apply to private citizens.

====~C.~ Prefer our interpretation:====

1. Limits and ground: Expanding the restrictive mechanism into treaties and beyond statutes creates an unsustainable negative research burden to cover that many angles of restrictions – allows the affirmative to incorporate presidential origination and doesn’t include links to the house of representatives. Also creates unpredictable aff ground related to the treaty powers advantages.

2. Education: Treaties debates crowd out substantive education on domestic restrictions on presidential authority – we should assess the relative strength of statutory restrictions to other types of restrictions.

~D.~ Topicality is a voting issue – rule of game, fairness, and education

2NC

Prefer the 1NC evidence because it gives restriction the "statutory" context of the resolution and our violation evidence is in the context of war powers –restriction is meaningless without context and self-referential to the point of uselessness.

Victorian Law Reform Commission, Chapter 6 of the "Easements and Covenants: Final Report 22," 1905
6.33 ’Restriction’ has no fixed meaning in legislation. Its meaning depends
AND
of a "restriction" is a "restrictive covenant"’.37

Clarity is key – statutory restriction needs clarity or becomes confused and unenforceable restriction

Victorian Law Reform Commission, Chapter 6 of the "Easements and Covenants: Final Report 22," 1905
RESTRICTIVE COVENANTS DISTINgUISHED FROM STATUTORy ¶ AgREEMENTS AND RESTRICTIONS¶ 6.14 Restrictive covenants
AND
, the method ¶ used does not create an enforceable restriction at all.¶ 

Statutory restrictions and treaty restrictions are distinct

Robert Bejesky, LL.M. International Law @ Georgetown, taught international law courses for Cooley Law School and the Department of Political Science at the University of Michigan, "WAR POWERS PURSUANT TO FALSE ¶ PERCEPTIONS AND ASYMMETRIC ¶ INFORMATION IN THE "ZONE OF ¶ TWILIGHT", St Mary’s Law Journal, 2013.
The Commander in Chief authority is a core preclusive power that ¶ designates the President
AND
restrictions must "be executed by the ¶ ~E~xecutive."57

Treaties are separately published – not part of published statutes

John J. Ross, William C. Blakely Law Library, "united states treaties and international agreements," Sandra Day O’Connor College of law, no date. http://www.law.asu.edu/library/RossBlakleyLawLibrary/ResearchNow/ResearchGuides/TreatiesandInternationalAgreements.aspx
Post-1949 Treaties
Beginning January 1, 1950, treaties were no longer published in the Statutes at
AND
during the ratification process. This set is about 14 years behind schedule.

Treaties aren’t considered statutory constructions – that’s an old interpretation

Curtis Bradely, Board of Editors for American Journal of International Law, "Intent, Presumptions, and Non-Self-Executing Treaties, "The American Journal of International Law, vol 102, No 3, July 2008
I think that would be an erroneous take on Medellin’s broader import. The real
AND
for this important area of ¶ U.S. foreign relations law.

Tournament: UMKC | Round: 2 | Opponent: Kansas CD | Judge: Petit

1NC T – Statutory Restriction

 Not Single Branch/Committee===

~A.~ Interpretation: Statutory restrictions are only legislation that is passed by both houses of congress and signed by the president

1. Statutory restriction are limits placed on authorized activities by ruling legislation

Black’s Law
~and#34;statutory restrictionand#34;, http://thelawdictionary.org/statutory-restriction/-http://thelawdictionary.org/statutory-restriction/, accessed 6-2-13, AFB~
Limits or controls that have been place on activities by its ruling legislation.

2. Statutes must be passed by both houses of legislature and signed by the president – only then does it become ruling legislation

West’s Encyclopedia of American Law ed. 2, and#34;statute,and#34; 2008.  http://legal-dictionary.thefreedictionary.com/statute
An act of a legislature that declares, proscribes, or commands something; a
AND
These codes are published in book form and are available at law libraries.

~B.~ Violation: The affirmative’s use of treaties does not occur through statutorily created ruling legislation.

Statutes and treaties are distinct – differing origin points and status of law

West’s Encyclopedia of American Law, ed. 2, and#34;law,and#34; 2008. http://legal-dictionary.thefreedictionary.com/Statutes+and+Treaties
Statutes and Treaties¶ After the federal Constitution, the highest laws are written laws, or statutes, passed by elected federal lawmakers. States have their own constitution and statutes.¶ Federal laws generally involve matters that concern the entire country. State laws generally do not reach beyond the borders of the state. Under Article VI, Section 2, of the U.S. Constitution, federal laws have supremacy over state and local laws. This means that when a state or local law conflicts with a federal law, the federal law prevails.¶ Federal statutes are passed by Congress and signed into law by the president. State statutes are passed by state legislatures and approved by the governor. If a president or governor vetoes, or rejects, a proposed law, the legislature may override the Veto if at least two-thirds of the members of each house of the legislature vote for the law.¶ Statutes are contained in statutory codes at the federal and state levels. These statutory codes are available in many public libraries, in law libraries, and in some government buildings, such as city halls and courthouses. They are also available on the World Wide Web. For example, the statutory codes that are in effect in the state of Michigan can be accessed at http://www.michigan.gov/orr. A researcher may access the United States Code, which is the compilation of all federal laws, at http://uscode.house.gov. The site is maintained by the Office of the Law Revision Counsel of the U.S. House of Representatives.¶ On the federal level, the president has the power to enter into treaties, with the advice and consent of Congress. Treaties are agreements with sovereign nations concerning a wide range of topics such as environmental protection and the manufacture of nuclear missiles. A treaty does not become law until it is approved by two-thirds of the U.S. Senate. Most treaties are concerned with the actions of government employees, but treaties also apply to private citizens.

====~C.~ Prefer our interpretation:====

1. Limits and ground: Expanding the restrictive mechanism into treaties and beyond statutes creates an unsustainable negative research burden to cover that many angles of restrictions – allows the affirmative to incorporate presidential origination and doesn’t include links to the house of representatives. Also creates unpredictable aff ground related to the treaty powers advantages.

2. Education: Treaties debates crowd out substantive education on domestic restrictions on presidential authority – we should assess the relative strength of statutory restrictions to other types of restrictions.

~D.~ Topicality is a voting issue – rule of game, fairness, and education

1NC- Executive Reform

The Executive branch should use an executive order to enter into Treaty on Prevention of the Placement of Weapons in Outer Space and of the Threat or Use of Force against Outer Space Objects.

Executive Orders alter policy quickly to employ flexibility and avoid the legislative process

Barilleaux and Kelley 2010 ~Ryan J. , Professor of Political Science at Miami, OH; and Christopher S. , Lecturer (Political Science) at Miami, OH, The Unitary Executive and the Modern Presidency, Texas A26M Press, p. 80, 2010 wyo-sc~
An executive order is one of several unilateral tools presidents may use to carry out
AND
president and a general reference to statutes of the United States.2 )

1NC- Prez Powers

Obama has built a solid basis for expanded Executive authority by pushing statutory and judicial limitations – Syria continues the trend
Gordon Silverstein, Assistant Dean and Lecturer in Law at Yale Law School, and author of Law’s Allure: How Law Shapes, Constrains, Saves and Kills Politics, and#34;Obama Just Increased Executive Power—Again,and#34; New Republic, 9/4/2013
Bush-Cheney Administration alumni have risen from the ashes to denounce President Obama’s decision
AND
and may now be more willing to follow the precedent Obama has set.

Congressional restrictions on presidential war power prevent the presidency from responding to crises

Turner 2012
~Professor Turner holds both professional and academic doctorates from the University of Virginia School of Law, where in 1981 he co-founded the Center for National Security Law with Professor John Norton Moore—who taught the nation’s first course on national security law in 1969. Turner served as chairman of the ABA Standing Committee on Law and National Security from 1989–1992., The War Powers Resolution at 40: Still an Unconstitutional, Unnecessary, and Unwise Fraud That Contributed CASE WESTERN RESERVE JOURNAL OF INTERNATIONAL LAW•VOL. 45•2012, Directly to the 9/11 Attacks, http://law.case.edu/journals/JIL/Documents/45CaseWResJIntlL1262.pdf-http://law.case.edu/journals/JIL/Documents/45CaseWResJIntlL1262.pdf, uwyoamp~

The 1973 War Powers Resolution was a fraud upon the American people, portrayed as
AND
, the time has come to bring an end to this congressional lawbreaking.

Presidential power is zero-sum- the branches compete

Barilleaux and Kelley 2010 ~Ryan J. , Professor of Political Science at Miami, OH; and Christopher S. , Lecturer (Political Science) at Miami, OH, The Unitary Executive and the Modern Presidency, Texas A26M Press, p. P 196-197, 2010 wyo-sc~
In their book The Broken Branch, Mann and Ornstein paint a different view.
AND
of these trends away from meaningful congressional stewardship of foreign policy and spending. 

Strong executive key to contain WMD threat of North Korea/rogue states

Nzelibe 26 Yoo 06
~Jide Nzelibe and John C. Yoo. , Yoo  is a professor of law at the University of California at Berkeley School of Law , ,Rational war and constitutional design.(Symposium on Executive Power).
Yale Law Journal 115.9 (July 2006): p2512(30), uwyoamp~

The declining value of costly signals is counterbalanced by the benefit of using preemptive force
AND
to determine whether to seek to signal a nondemocractic regime with legislative authorization.

An unchecked North Korea causes global catastrophe
Hayes and Green, 10
~*Victoria University AND Executive Director of the Nautilus Institute (Peter and Michael, and#34;-and#34;The Path Not Taken, the Way Still Open: Denuclearizing the Korean Peninsula and Northeast Asiaand#34;, 1/5, http://www.nautilus.org/fora/security/10001HayesHamalGreen.pdf) uwyoamp~
The consequences of failing to address the proliferation threat posed by the North Korea developments
AND
threat but a global one that warrants priority consideration from the international community.

1NC- Debt Ceiling

Debt ceiling will be raised – top priority, no thumpers

Houston Chronicle 9/10 
and#34;How Long Can We Continue Without a Congress?and#34;, http://blog.chron.com/goplifer/2013/09/how-long-can-we-continue-without-a-congress/-http://blog.chron.com/goplifer/2013/09/how-long-can-we-continue-without-a-congress/, MCR
By a large margin, the last Congress got less accomplished than any in modern
AND
capitalism. They will probably fail and the debt ceiling will be raised.

Obama’s push ensures compromise to avoid default

Kuhnenhenn 9/8
Jim, and#34;Issues test Obama’s persuasion, mobilizing skillsand#34;, http://www.salon.com/2013/09/08/issues_test_obamas_persuasion_mobilizing_skills/-http://www.salon.com/2013/09/08/issues_test_obamas_persuasion_mobilizing_skills/, MCR
Win or lose, Obama and lawmakers then would run headlong into a debate over
AND
. Donohue pledged to find primary challengers against lawmakers who threaten a default.

Presidential war powers is controversial-causes regular fights in congress

Cohen 11
(Tom, CNN Wire News editor. and#34;Debate over war powers re-emerges in Congress, courtsand#34; 7-16-11 http://www.cnn.com/2011/POLITICS/06/17/war.powers.libya/index.html//wyoccd)
Washington (CNN) — An endless Washington debate over the president’s power to go
AND
.S. forces and Congress battling to exert influence on the process.

Failure to raise the debt ceiling ensures collapse of the global economy, U.S. economic leadership, and free trade

Davidson 9/10 
Adam, co-founder of NPR’s and#34;Planet Money,and#34; a podcast and blog, and#34;Our Debt to Societyand#34;, http://www.nytimes.com/2013/09/15/magazine/our-debt-to-society.html?pagewanted=all26_r=0-http://www.nytimes.com/2013/09/15/magazine/our-debt-to-society.html?pagewanted=all26_r=0, MCR
If the debt ceiling isn’t lifted again this fall, some serious financial decisions will
AND
free asset more risky, the entire global economy becomes riskier and costlier.

Nuclear war

Khalilzad ’11 Zalmay was the United States ambassador to Afghanistan, Iraq, and the United Nations during the presidency of George W. Bush and the director of policy planning at the Defense Department from 1990 to 1992, and#34; The Economy and National Securityand#34;, 2-8-11, http://www.nationalreview.com/articles/print/259024-http://www.nationalreview.com/articles/print/259024, MCR
Today, economic and fiscal trends pose the most severe long-term threat to
AND
, hostile states would be emboldened to make aggressive moves in their regions.

1NC- K

LINK—THE AFF FETISHIZES THE LAW AND ITS ABILITY TO RESOLVE PRESIDENTIAL POWERS, THEIR CALL RESULTS IN A RETURN TO LAW THAT DESTROYS THE POSSIBILITY FOR RADICAL POLITICS

NEOCLEOUS 2006
(Mark Neocleous, Politics 26 History @ Brunel University, and#34;the Problem with Normalityand#34;, Alternatives, no. 31 wyo-tjc)
To criticize the use of emergency powers in terms of a suspension of the law
AND
as part of a unified political strategy in the fabrication of social order.

SOCIETY HAS BEEN REPEATEDLY CONFOUNDED AT THE FAILURE OF LAW TO CONTAIN VIOLENCE—WE SEE LAW AS A ’LESSER EVIL’ THAT IS NECESSARY TO HUMANIZE WAR.  QUITE TO THE CONTRARY, THE LAWS OF WAR LEGITIMIZE AND PROTECT STATIST FORMS OF VIOLENCE AND CRUSH DISSENT

BERMAN (Prof of Law at Brooklyn Law School) 2004
~Nathaniel, and#34;Privleging Combat?and#34;, Columbia Journal of Transnational Law, p. ln wyo-tjc~
Through examining the legal doctrines crucial to defining the combatants’ privilege, in my view
AND
of people, while excluding other forms engaged in by other people. n9

The Alternative is to write against the state.

Exposing the law as violence is necessary to create space for rethinking that makes social relations outside of statist violence possible

Neocleous 2003
~Mark, Teaches politics @ Brunel, Imagining the state, Philadelphia: Open University Press, 6-7/uwyo-ajl~
The last point should indicate to the reader that this is a polemical book about
AND
of the state, and thus an end to the possibility of fascism.

1NC- Heg Advantage

New great powers are rising and will soon be on par with the us—prefer our evidence because it cites the two most important indicators of a power shift

Layne 12
~Chris, Professor of IR and Political Science at Texas A26M, and#34;This Time It’s Real: The End of Unipolarity and the Pax Americanaand#34;, p. online wyo-tjc~
American decline is part of a broader trend in international politics: the shift of
AND
, potential great powers have been positioning themselves to challenge the United States.

Multipolarity will arrive in two decades as other powers catch up to the US—transition to offshore balancing now is key to avoid unending cycles of warfare

Layne 9
~Christopher, Professor of Political Science at Texas A26M, Review of International Studies, and#34;America’s Middle East grand strategy after Iraq: the moment for offshore balancing has arrivedand#34;, 2009, p. asp~
Some primacists believe that the US is immune to being counter-balanced because,
AND
– new great powers inevitably will emerge in the next decade or two.

Conflict with China is inevitable unless we accept retrenchment—no amount of accommodation or good relations can avoid a hegemonic clash

Layne 12
~Chris, Professor of IR and Political Science at Texas A26M, and#34;This Time It’s Real: The End of Unipolarity and the Pax Americanaand#34;, p. online wyo-tjc~
Revealingly, Ikenberry makes clear this expectation when he says that the deal the United
AND
and Southeast) Asia, Washington and Beijing are on a collision course.
EXTENDED DETERRENCE GUARANTEES WAR WITH CHINA WITHIN 10 YEARS—TAIWAN DISPUTE

Layne in ’7
~Christopher, Professor of Political Science @ Texas A26M, American Empire: A Debate , P. 75 wyo-tjc~
Finally, Taiwan is a powder-keg issue in Sino-American relations.
AND
the immediate future, but almost certainly within the next decade or so.
SECOND, WAR WITH CHINA LEADS TO DETERRENCE BREAKDOWNS AND NUCLEAR HOLOCAUST

Johnson in 1
~Chalmers, and#34;Time to Bring the Troops Homeand#34;, The Nation, May 14, p. lexis  wyo-tjc~

China is another matter. No sane figure in the Pentagon wants a war with
AND
forward-deployed US forces on China’s borders have virtually no deterrent effect.

Space Wep Adv

Space weaponization is not inevitable: new code of conduct, threats are conflated, and no viable technologies exist

Kluger 12
(Jeffry Kluger is a senior editor at TIME. and#34;Peace in Space: Why Obama Is Right (and the Far Right Is Wrong)and#34; 3-12-12wyo-ccd)
What’s got Bolton and Yoo unsheathing their light sabers this week is President Obama’s decision
AND
built partly of just such broadly embraced practices and indeed always have been.

The United States is currently attempting to draft a code of conduct and other countries have shown interest

Listner 12 
(Michael is a space law attorney with a focus on counseling organizations on issues relating to domestic and international space law. and#34;US rebuffs current draft of EU Code of Conduct: is there something waiting in the wings?and#34; 1-16-12 http://www.thespacereview.com/article/2006/1//wyoccd)
An American alternative to the Code? If the Obama Administration is not going to
AND
international code, it could be intended to supplement the current US approach.

China doesn’t want a space race – pushing for a space ban

Zhang 5
 (Hui, Research Associate at the Harvard Kennedy School, and#34;Action/Reaction: U.S. Space Weaponization and China, Arms Control Today, December, http://www.armscontrol.org/act/2005_12/DEC-CVR-http://www.armscontrol.org/act/2005_12/DEC-CVR)
Beijing, however, would prefer to avoid this outcome. Chinese officials argue that weaponizing space is in no state’s interest, while continued peaceful exploitation redounds to the benefit of all states. Rather than battling over space, China wants countries to craft an international ban on space weaponization. U.S. Moves Toward Space Weaponization.

No impact to Warming- Mitigation and adaptation will solve

Robert O. Mendelsohn 9, the Edwin Weyerhaeuser Davis Professor, Yale School of Forestry and Environmental Studies, Yale University, June 2009, and#34;Climate Change and Economic Growth,and#34; online: http://www.growthcommission.org/storage/cgdev/documents/gcwp060web.pdf
These statements are largely alarmist and misleading. Although climate change is a serious problem
AND
range climate risks. What is needed are long?run balanced responses.

China outweighs and won’t be influenced by the plan

Harvey, environment reporter – the Guardian, 11/9/’11
(Fiona, http://www.guardian.co.uk/environment/2011/nov/09/fossil-fuel-infrastructure-climate-change-http://www.guardian.co.uk/environment/2011/nov/09/fossil-fuel-infrastructure-climate-change)

Birol also warned that China – the world’s biggest emitter – would have to take
AND
off in order to) to meet climate targets in years to come.and#34;

Tournament: UMKC | Round: 2 | Opponent: Kansas CD | Judge: Petit

1NR

A. PC finite – opportunity cost

Hayward 12
~John, writer at Human Events. "DON’T BE GLAD THE BUFFETT RULE IS DEAD, BE ANGRY IT EVER EXISTED," 4/17, http://www.humanevents.com/2012/04/17/dont-be-glad-the-buffett-rule-is-dead-be-angry-it-ever-existed/-http://www.humanevents.com/2012/04/17/dont-be-glad-the-buffett-rule-is-dead-be-angry-it-ever-existed/~~
Toomey makes the excellent point that Obama’s class-warfare sideshow act is worse than
AND
shadow of outrageous government spending, likewise distracts us from the real issues. 

Prez Power DA

Timeframe- Syrian chemical weapons use lowers threshold for NK lashout

Bodeen 09/10
~Christopher Bodeen, 09/10/13, U.S. warns of North Korean chemical weapons threat, http://www.armytimes.com/article/20130910/NEWS08/309100003/U-S-warns-North-Korean-chemical-weapons-threat-http://www.armytimes.com/article/20130910/NEWS08/309100003/U-S-warns-North-Korean-chemical-weapons-threat, uwyoamp~

Miller said he emphasized to his Chinese counterpart that lowering the threshold for chemical weapons
AND
clear and massive use of chemical weapons," Miller said he told Wang.

Probability- capable of in nuclear detonation in the American heartland, killing millions

Pry 2013
~Peter Vincent Pry is executive director of the Task Force on National and Homeland Security, and served on the Congressional EMP Commission and the House Armed Services Committee and at the CIA., April 15^th, 2013, The danger of dismissing North Korea’s nuclear threat, http://www.washingtontimes.com/news/2013/apr/15/the-danger-of-dismissing-north-koreas-nuclear-thre/~~23ixzz2alIMb9Qg
Follow us: @washtimes on Twitter, uwyoamp~

North Korea could deliver a nuclear bomb in the hold of a freighter under a
AND
successful nuclear tests is still not a real threat to the American heartland.

DA turns case:

First, Heg-

Subpoint A) Rapid proliferation of North Korea and rogue states due to the plan will make it  so multilateralism is possble

Subpoint B) Institutionally weakened executive kills U.S. leadership—makes us look arrogant, hypocritical, and kills our ability to commit militarily.

Mallaby 2K
~Sebastian Mallaby, Director of the Maurice R. Greenberg Center for Geoeconomic Studies and Paul A. Volcker Senior Fellow for International Economics at the Council on Foreign Relations, "The Bullied Pulpit; A Weak Chief Executive Makes Worse Foreign Policy," Foreign Affairs, February 2000, http://www.lexisnexis.com/hottopics/lnacademic/?verb=sr26csi=798426sr=HLEAD(Bullied20Pulpit-A20Weak20Chief20Executive20Makes20Worse20Foreign20Policy,20The)20and20date20is202000-http://www.lexisnexis.com/hottopics/lnacademic/?verb=sr26csi=798426sr=HLEAD(Bullied20Pulpit-A20Weak20Chief20Executive20Makes20Worse20Foreign20Policy,20The)20and20date20is202000  wyo-ch~
All of these arguments may have merit. The evidence cited by both camps can
AND
. Since the republic’s founding, Americans have been suspicious of concentrated power. 

Second, Warming

Subpoint A) Proliferation of North Korea leads to rapid instability in the region that spills over making it impossible for multilateralism to solve warming, and Hayz and Green says North Korea nuclear exchange would lead to massive warming, which happens faster than the plan.

Subpoint B) Strong executive key to solve climate change-lack of congressional action prevents solvency in the squo and executive negotiating power key to check  environmental and economic collapse

Wold 2012
~Chris Wold, Professor of Law 26 Director, International Environmental Law Project
(IELP), 2012, Lewis 26 Clark Law School, 2012, CASE WESTERN RESERVE JOURNAL OF INTERNATIONAL LAW•VOL. 45•2012, uwyoamp~

In 2007, then-Senator Barack Obama wrote, "As the world’s largest
AND
economic crisis that lies ahead if we fail to take more aggressive action.

Flexible presidency key to OCO

Munoz 12
~Carlo Munoz, writer for The Hill, 11/14/12, Obama authorizes new cyber warfare directive, http://thehill.com/blogs/defcon-hill/policy-and-strategy/267879-report-obama-authorizes-new-cyber-warfare-directive//-http://thehill.com/blogs/defcon-hill/policy-and-strategy/267879-report-obama-authorizes-new-cyber-warfare-directive/, uwyoamp~

Specifically, the new presidential directive differentiates between network defense capabilities and other so-
AND
will prioritize network defense and law enforcement as the preferred courses of action."
Grid attacks causes retaliation and nuclear war
Tilford 12 Robert, Graduate US Army Airborne School, Ft. Benning, Georgia, "Cyber attackers could shut down the electric grid for the entire east coast" 2012, http://www.examiner.com/article/cyber-attackers-could-easily-shut-down-the-electric-grid-for-the-entire-east-coa-http://www.examiner.com/article/cyber-attackers-could-easily-shut-down-the-electric-grid-for-the-entire-east-coa
To make matters worse a cyber attack that can take out a civilian power grid, for example could also cripple the U.S. military.¶ The senator notes that is that the same power grids that supply cities and towns, stores and gas stations, cell towers and heart monitors also power "every military base in our country."¶ "Although bases would be prepared to weather a short power outage with backup diesel generators, within hours, not days, fuel supplies would run out", he said.¶ Which means military command and control centers could go dark.¶ Radar systems that detect air threats to our country would shut Down completely.¶ "Communication between commanders and their troops would also go silent. And many weapons systems would be left without either fuel or electric power", said Senator Grassley.¶ "So in a few short hours or days, the mightiest military in the world would be left scrambling to maintain base functions", he said.¶ We contacted the Pentagon and officials confirmed the threat of a cyber attack is something very real.¶ Top national security officials—including the Chairman of the Joint Chiefs, the Director of the National Security Agency, the Secretary of Defense, and the CIA Director— have said, "preventing a cyber attack and improving the nation’s electric grids is among the most urgent priorities of our country" (source: Congressional Record).¶ So how serious is the Pentagon taking all this?¶ Enough to start, or end a war over it, for sure (see video: Pentagon declares war on cyber attacks http://www.youtube.com/watch?v=_kVQrp_D0kY26feature=relmfu ).¶ A cyber attack today against the US could very well be seen as an "Act of War" and could be met with a "full scale" US military response.¶ That could include the use of "nuclear weapons", if authorized by the President.

UQ

Mass expansion-DADT repeal, Women in combat repeal, DREAMER’s order, drone strikes

Roussey 2013
~February 10^th, 2013, Obama’s Commandments: How the president is wielding executive power in 2nd term, http://www.wjla.com/articles/2013/02/obama-s-commandments-how-the-president-is-wielding-executive-power-in-2nd-term-85070.html~~23ixzz2alLaj29S-http://www.wjla.com/articles/2013/02/obama-s-commandments-how-the-president-is-wielding-executive-power-in-2nd-term-85070.html, uwyoamp~

Regulations give teeth and specificity to laws are essential to their functioning even as they
AND
range of policy fronts that sat quiet in much of his first term.

-Libya

Meckler ’12
~Laura Meckler, writer for WSJ, March 30^th, 2012, Obama Shifts View of Executive Power,  http://online.wsj.com/article/SB10001424052702303812904577292273665694712.html-http://online.wsj.com/article/SB10001424052702303812904577292273665694712.html, uwyoamp~

When he ran for president, Barack Obama promised to roll back President George W
AND
been targeted and killed based on the judgment of the executive branch alone.

LX

LINK o/w the LINK TURN-

Any Departure from unitary executive theory undermines the president’s ability to carry out his foreign policy powers-decentralized power undermines military effectiveness

Even if they win a risk of the link turn, the link is always going to outweigh because any decrease in unitary power in one area will inevitably spill over to other areas of foreign or domestic policy making leading to a complete overhaul of the executive branch.

Oversight of the executive makes it impossible for the President to respond to the rapid nature of today’s security threats

Mcullough 2013
~Michael Mcullough, fine arts counsel to major corporations describing the DOJ’s "White Paper" argument in favor of unrestrained exec power, February 21, 2013, From Drones to Drachms, http://mcculloughllc.wordpress.com/2013/02/21/presidential-power/-http://mcculloughllc.wordpress.com/2013/02/21/presidential-power/,  uwyoamp~

The "White Paper," written by government lawyers, makes a pointed but unsubstantiated
AND
to review or ratify executive action may compromise America’s ability to defend itself.

Congressional restrictions on presidential war power prevent the presidency from responding to crises

Turner 2012
~Professor Turner holds both professional and academic doctorates from the University of Virginia School of Law, where in 1981 he co-founded the Center for National Security Law with Professor John Norton Moore—who taught the nation’s first course on national security law in 1969. Turner served as chairman of the ABA Standing Committee on Law and National Security from 1989–1992., The War Powers Resolution at 40: Still an Unconstitutional, Unnecessary, and Unwise Fraud That Contributed CASE WESTERN RESERVE JOURNAL OF INTERNATIONAL LAW•VOL. 45•2012, Directly to the 9/11 Attacks, http://law.case.edu/journals/JIL/Documents/45CaseWResJIntlL1262.pdf-http://law.case.edu/journals/JIL/Documents/45CaseWResJIntlL1262.pdf, uwyoamp~

The 1973 War Powers Resolution was a fraud upon the American people, portrayed as
AND
, the time has come to bring an end to this congressional lawbreaking.

Wep Adv

China doesn’t want a space race – pushing for a space ban

Zhang 5
 (Hui, Research Associate at the Harvard Kennedy School, "Action/Reaction: U.S. Space Weaponization and China, Arms Control Today, December, http://www.armscontrol.org/act/2005_12/DEC-CVR-http://www.armscontrol.org/act/2005_12/DEC-CVR)
Beijing, however, would prefer to avoid this outcome. Chinese officials argue that weaponizing space is in no state’s interest, while continued peaceful exploitation redounds to the benefit of all states. Rather than battling over space, China wants countries to craft an international ban on space weaponization. U.S. Moves Toward Space Weaponization.

China isn’t even developing ASAT’s – their evidence is based on faulty old intelligence

Day 8
 (Dwayne, "Paper Dragon," Space Review, June 23,  http://www.thespacereview.com/article/1155/1-http://www.thespacereview.com/article/1155/1)
But if you look in the current version of CMP, laser ASATs are mentioned
AND
) the Pentagon statements about Chinese laser ASATs have actually decreased over time.

No Impact to Warming:

~1~ Numerous scientific studies prove that emissions have little consequences, and the timframe for severe impacts is a millennium out. And even if they win a risk, humans and the environment will be able to adapt which will avoid the impact. –That’s Mendelsohn

~2~ Warming won’t cause extinction

Barrett, professor of natural resource economics – Columbia University, ’7
(Scott, Why Cooperate? The Incentive to Supply Global Public Goods, introduction)

First, climate change does not threaten the survival of the human species.5
AND
defense, but we would have done much more about it by now. 

~3~ Warming will take centuries

Mendelsohn 9 – Robert O. Mendelsohn 9, the Edwin Weyerhaeuser Davis Professor, Yale School of Forestry and Environmental Studies, Yale University, June 2009, "Climate Change and Economic Growth," online: http://www.growthcommission.org/storage/cgdev/documents/gcwp060web.pdf
These statements are largely alarmist and misleading. Although climate change is a serious problem
AND
range climate risks. What is needed are long?run balanced responses.

The Impact is inevitable:

~1~ China’s economy has locked in emissions, making runaway warming inevitable. –That’s Harvey

~2~ Existing carbon triggers the impact
Daniel Rirdan 12, founder of The Exploration Company, "The Right Carbon Concentration Target", June 29, http://theenergycollective.com/daniel-rirdan/89066/what-should-be-our-carbon-concentration-target-and-forget-politics?utm_source=feedburner26utm_medium=feed26utm_campaign=The+Energy+Collective+28all+posts29-http://theenergycollective.com/daniel-rirdan/89066/what-should-be-our-carbon-concentration-target-and-forget-politics?utm_source=feedburner26utm_medium=feed26utm_campaign=The+Energy+Collective+28all+posts29
James Hansen and other promi­nent cli­ma­tol­o­
AND
in reverse—hundreds of bil­lions of tons of that stuff.

~3~ More alt causes:

~a~ solar irradiance

Ravilious ’07

~Kate, freelance science writer with a degree in geology. She has written for New Scientist, The Economist, The Daily Telegraph, The Guardian, The Independent, Focus Magazine, Archaeology Magazine, EPSRC Publications, National Geographic Daily News, BBC Science News, and Environmental Research Web., 2.28.7, "Mars Melt Hints at Solar, Not Human, Cause for Warming, Scientist Says", National Georgraphic,  http://news.nationalgeographic.com/news/2007/02/070228-mars-warming.html-http://news.nationalgeographic.com/news/2007/02/070228-mars-warming.html wyo-hdm~
Simultaneous warming on Earth and Mars suggests that our planet’s recent climate changes have a
AND
with the ups and downs in climate we see on Earth and Mars.

~b~ Ocean cycles

Rose, 10’
David Rose, The mini ice age starts here,  http://www.dailymail.co.uk/sciencetech/article-1242011/DAVID-ROSE-The-mini-ice-age-starts-here.html-http://www.dailymail.co.uk/sciencetech/article-1242011/DAVID-ROSE-The-mini-ice-age-starts-here.html, accessed 6-26-2010, WYO/JF
According to the US National Snow and Ice Data Centre in Colorado, Arctic summer
AND
the scientists could never be described as global warming ’deniers’ or sceptics.

Tournament: UMKC | Round: 2 | Opponent: Kansas CD | Judge: Petit

2NC Overview

~~ Prefer the 1NC evidence because it gives restriction the "statutory" context of the resolution and our violation evidence is in the context of war powers –restriction is meaningless without context and self-referential to the point of uselessness.

Victorian Law Reform Commission, Chapter 6 of the "Easements and Covenants: Final Report 22," 1905
6.33 ’Restriction’ has no fixed meaning in legislation. Its meaning depends
AND
of a "restriction" is a "restrictive covenant"’.37

Clarity is key – statutory restriction needs clarity or becomes confused and unenforceable restriction

Victorian Law Reform Commission, Chapter 6 of the "Easements and Covenants: Final Report 22," 1905
RESTRICTIVE COVENANTS DISTINgUISHED FROM STATUTORy ¶ AgREEMENTS AND RESTRICTIONS¶ 6.14 Restrictive covenants
AND
, the method ¶ used does not create an enforceable restriction at all.¶ 

Extend 1NC Education: Treaties debates crowd out substantive education on domestic restrictions on presidential authority – we should assess the relative strength of statutory restrictions to other types of restrictions.

2NC Violation – Treaties

Statutory restrictions and treaty restrictions are distinct

Robert Bejesky, LL.M. International Law @ Georgetown, taught international law courses for Cooley Law School and the Department of Political Science at the University of Michigan, "WAR POWERS PURSUANT TO FALSE ¶ PERCEPTIONS AND ASYMMETRIC ¶ INFORMATION IN THE "ZONE OF ¶ TWILIGHT", St Mary’s Law Journal, 2013.
The Commander in Chief authority is a core preclusive power that ¶ designates the President
AND
restrictions must "be executed by the ¶ ~E~xecutive."57

Treaties are separately published – not part of published statutes

John J. Ross, William C. Blakely Law Library, "united states treaties and international agreements," Sandra Day O’Connor College of law, no date. http://www.law.asu.edu/library/RossBlakleyLawLibrary/ResearchNow/ResearchGuides/TreatiesandInternationalAgreements.aspx
Post-1949 Treaties
Beginning January 1, 1950, treaties were no longer published in the Statutes at
AND
during the ratification process. This set is about 14 years behind schedule.

Treaties aren’t considered statutory constructions – that’s an old interpretation

Curtis Bradely, Board of Editors for American Journal of International Law, "Intent, Presumptions, and Non-Self-Executing Treaties, "The American Journal of International Law, vol 102, No 3, July 2008
I think that would be an erroneous take on Medellin’s broader import. The real
AND
for this important area of ¶ U.S. foreign relations law.

Heg Adv

A collapse of US hegemony is inevitable due to rising challengers, decline in US power as proved by Afghanistan and Iraq, and how IR works

Liu et al 12
(Debin Liu, security analyst and researcher. Rizwan Naseer, security analyst and researcher. Musrat Amin, security analyst and researcher. "Withering Hegemony of US and Evolving De-centered Globalism: A Theoretical account" Winter 2012 Proquestwyoccd)
Hegemonic stability theory served the idea very well in post world war II scenario when
AND
-free from the deadweight of imperial military commitments (Ferguson, 2004).

Hegemony is empirically unstable due to a narrowing of gap in terms of military superiority, technology, and economic power, all culminated with the balancing of rising powers. Prefer our evidence because it comes from the most renown and supported political scholarship

Liu et al 12
(Debin Liu, security analyst and researcher. Rizwan Naseer, security analyst and researcher. Musrat Amin, security analyst and researcher. "Withering Hegemony of US and Evolving De-centered Globalism: A Theoretical account" Winter 2012 Proquestwyoccd)
The concept of balance of power is considered as one of the oldest and fundamental
AND
and policies can be challenged by dissenter powers (Zhang, 201 1).

Transitioning would not embolden rivals to attack—no incentive for revising the status quo AND EVEN IF they win the US reengages, transitioning gives us more flexibility and is comparatively better than the risks of overstretch

Parent 26 Mac Donald 11
~Joseph and Paul, Assistant Professors of Political Science at the University of Miami and at Wellesley College, "The Wisdom of Retrenchment", Foreign Affairs, Nov/Dec, p. aspwyo-tjc~
DESPITE THE erosion of U.S. military and economic dominance, many observers
AND
politics, where balancing coalitions are notably absent and ideological disputes remarkably mild.

Conflict between US and China coming now-economic competition

Shor 12
(Francis Shor teaches in the History Department at Wayne State University. "Declining US Hegemony and Rising Chinese Power: A Formula for Con?ict?" 2012 Ebsco Page 4 Ebscowyoccd)
A defining historical feature of the decline of specific empires in the world ¶ capitalist
AND
as an expression of the US governing elite’s ideological commitment to national security.

Tournament: Gonzaga | Round: 1 | Opponent: Whitman College Kochman-Hauck | Judge: Gordon

1NC

Text: The president of the United States should prohibit signature strike targeted killing operations.

Executive Orders alter policy quickly to employ flexibility and avoid the legislative process

Barilleaux and Kelley 2010 ~Ryan J. , Professor of Political Science at Miami, OH; and Christopher S. , Lecturer (Political Science) at Miami, OH, The Unitary Executive and the Modern Presidency, Texas A26M Press, p. 80, 2010 wyo-sc~
An executive order is one of several unilateral tools presidents may use to carry out
AND
none of the regulatory review orders discussed in this chapter was based on anything

2NC

Ending signature strikes is key – causes civilian casualties and stokes anti-American sentiment

Noah VanValkenberg, Contributing Writer, "Making Drones More Effective: Refining a Necessary Practice in Warfare," March 2, 2013. Retrieved from http://outsidecolby.com/2013/03/making-drones-more-effective-refining-a-necessary-practice-in-warfare/-http://outsidecolby.com/2013/03/making-drones-more-effective-refining-a-necessary-practice-in-warfare/
Drones are a crucial piece of the United States’ global war on terror. They have eliminated dangerous individuals such as Anwar al-Awlaki and other senior members of Al Qaeda. However, there is a significant difference between targeted strikes and "signature strikes"—and the use of the latter is only serving to endanger US security.
In a typical targeted strike, high-level terrorists are profiled and their names
AND
careful analysis and evaluation by experts, and a decision by the President.
Signature strikes work entirely differently. Armed drones often loiter over a specific area with
AND
American sentiment, and they have killed 176 children in Northern Pakistan alone.
Currently, signature strikes make up the majority of drone attacks, and the targets’ identities are rarely conclusively known. According to an article published in the Journal of International Criminal Justice by Jens Ohlin, only eight percent of suspected militants killed in signature strikes between 2008 and 2010 were mid- to high-level targets. The rest posed no threat to US national security and the strikes incurred enormous collateral damage.
However, that collateral damage is enormous. According to the widely cited study Living Under Drones, published by Stanford and NYU, one signature strike alone killed forty members of a peaceful meeting of tribal elders in Northwest Pakistan. The same study argues that many individuals now refrain from going to funerals, because they are so frequently targeted by signature strikes.
Targeted strikes, on the other hand, often produce little collateral damage. A 2009 targeted strike killed Baitulluh Mehsud, the leader of Tehrik-i-Taliban Pakistan. He was one of the most dangerous militants in the world and helped radicalize the suicide bomber who attacked a CIA base in Khost, Afghanistan. A 2011 strike killed Atiyah Abd al-Rahman, al-Qaeda’s ~233 operative. These strikes work. They are effective. And they minimize collateral damage.
Signature strikes are neither effective nor legal. They simply kill low-level militants who pose no threat to U.S. national security, and by killing their friends and family along with them, these strikes make enemies. If the goal of successful counterterrorism operations is to eliminate the terrorists, it logically follows that any action that creates more terrorists is counterproductive. Signature strikes under the Obama administration must end, and targeted strikes must take their place.

First, Allies only perceive Obama’s actions on drones-want to preserve broad executive power while setting international drone standards

The Economist 2013
~The Economist, June 21^st, 2013, Out of the shadows, http://www.economist.com/news/united-states/21578689-barack-obamas-rules-drones-could-shape-new-global-laws-war-out-shadows, uwyoamp~

WHEN it comes to lethal drone strikes against foreign targets, America’s government and Congress
AND
ensuing drone strikes may leave spooks and spymasters facing public anger and even lawsuits

Second, unilateralism key

Singer 13
~Singer, director – Center for 21st Century Security and Intelligence @ Brookings, and Wright, senior fellow – Brookings, 2/7/’13
(Peter W. and Thomas, "Obama, own your secret wars", www.nydailynews.com/opinion/obama-secret-wars-article-1.1265620~)

It is time for a new approach. And all that is required of the President is to do the thing that he does perhaps best of all: to speak.
Obama has a unique opportunity — in fact, an urgent obligation — to create a new doctrine, unveiled in a major presidential speech, for the use and deployment of these new tools of war.
While the Republicans tried to paint the President as weak on security issues in the 2012 elections, history will record instead that his administration pushed into new frontiers of war, most especially in the new class of technologies that move the human role both geographically and chronologically further from the point of action on the battlefield.
The U.S. military’s unmanned systems, popularly known as "drones," now number more than 8,000 in the air and 12,000 on the ground. And in a parallel development, the U.S. Cyber Command, which became operational in 2010, has added an array of new (and controversial) responsibilities — and is set to quintuple in size.
This is not just a military matter. American intelligence agencies are increasingly using these technologies as the tips of the spear in a series of so-called "shadow wars." These include not only the more than 400 drone strikes that have taken place from Pakistan to Yemen, but also the deployment of the Stuxnet computer virus to sabotage Iranian nuclear development, the world’s first known use of a specially designed cyber weapon.
Throughout this period, the administration has tried to have it both ways — leaking out success stories of our growing use of these new technologies but not tying its hands with official statements and set policies.
This made great sense at first, when much of what was happening was ad hoc and being fleshed out as it went along.
But that position has become unsustainable. The less the U.S. government now says about our policies, the more that vacuum is becoming filled by others, in harmful ways.
By acting but barely explaining our actions, we’re creating precedents for other states to exploit. More than 75 countries now have military robotics programs, while another 20 have advanced cyber war capacities. Rest assured that nations like Iran, Russia and China will use these technologies in far more crude and indiscriminate ways — yet will do so while claiming to be merely following U.S. footsteps.
In turn, international organizations — the UN among them — are pushing ahead with special investigations into potential war crimes and proposing new treaties.
Our leaders, meanwhile, stay mum, which isolates the U.S. and drains its soft power.
The current policy also makes it harder to respond to growing concerns over civilian casualties. Indeed, Pew polling found 96 levels of opposition to U.S. drones in the key battleground state of Pakistan, a bellwether of the entire region. It is indisputable than many civilians have been harmed over the course of hundreds of strikes. And yet it is also indisputable that various groups have incentives to magnify such claims.
Yet so far, U.S. officials have painted themselves into a corner — either denying that any collateral losses have occurred, which no one believes, or reverting to the argument that we cannot confirm or deny our involvement, which no one believes, either.
Finally, the domestic support and legitimacy needed for the use of these weapons is in transition. Polling has found general public support for drone strikes, but only to a point, with growing numbers in the "not sure" category and growing worries around cases of targeting U.S. citizens abroad who are suspected of being terrorists.
The administration is so boxed in that, even when it recently won a court case to maintain the veil of semi-silence that surrounds the drone strike program, the judge described the current policy as having an "Alice in Wonderland" feel.
The White House seems to be finally starting to realize the problems caused by this disconnect of action but no explanation. After years of silence, occasional statements by senior aides are acknowledging the use of drones, while lesser-noticed working level documents have been created to formalize strike policies and even to explore what to do about the next, far more autonomous generation of weapons.
These efforts have been good starts, but they have been disjointed and partial. Most important, they are missing the much-needed stamp of the President’s voice and authority, which is essential to turn tentative first steps into established policy.
Much remains to be done — and said — out in the open.
This is why it’s time for Obama’s voice to ring loud and clear. Much as Presidents Harry Truman and Dwight Eisenhower were able keep secret aspects of the development of nuclear weapons, even as they articulated how and when we would use them, Obama should publicly lay out criteria by which the United States will develop, deploy and use these new weapons.
The President has a strong case to make — if only he would finally make it. After all, the new weapons have worked. They have offered new options for military action that are more accurate and proportionate and less risky than previously available methods.
But they have also posed many new complications. Explaining our position is about embracing both the good and the bad. It is about acknowledging the harms that come with war regardless of what technology is being used and making clear what structures of accountability are in place to respond.
It’s also about finally defining where America truly stands on some of the most controversial questions. These include the tactics of "signature" strikes, where the identity is not firmly identified, and "double tap" strikes, where rescuers aiding victims of a first attack are also brought under fire. These have been reported as occurring and yet seem to run counter to the principles under which the programs have been defended so far.
The role of the President is not to conduct some kind of retrospective of what we have done and why, but to lay out a course of the future. What are the key strategic goals and ethical guidelines that should drive the development and use of these new technologies? Is current U.S. and international law sufficient to cover them?
There are also crucial executive management questions, like where to draw the dividing line between military and civilian intelligence agency use of such technologies, and how to keep a growing range of covert actions from morphing into undeclared and undebated wars.
And, finally, the President must help resolve growing tensions between the executive branch and an increasingly restive Congress, including how to handle situations where we create the effect of war but no U.S. personnel are ever sent in harm’s way.
Given the sprawling complexity of these matters, only the President can deliver an official statement on where we stand. If only we somehow had a commander in chief who was simultaneously a law professor and Nobel Peace Prize winner21
The President’s voice on these issues won’t be a cure-all. But it will lay down a powerful marker, shaping not just the next four years but the actions of future administrations.

Third, Executive action, not congressional inaction, is what is setting the international precedent on executive war powers-drones prove

Roberts 2013
~Kristin Roberts, News editor, March 22^nd, 2013, When the Whole World Has Drones, http://www.nationaljournal.com/magazine/when-the-whole-world-has-drones-20130321-http://www.nationaljournal.com/magazine/when-the-whole-world-has-drones-20130321, uwyoamp~

America, the world’s leading democracy and a country built on a legal and moral
AND
uses of one of the most awesome military robotics capabilities of this generation.

CP solves better- statutory is bound to fail and makes the impacts worse- executive exploits increasing Congressional limits

Moe and Howell 99 
(Terry, prof of political science @ Stanford, and William, Associate Prof @ Harvard, "The Presidental Power of Unilateral Action") KH
While Congress will sometimes have incentives to make broad delegations, legislators are more often
AND
strategically crafted delegations (Moe, 1990; Epstein and O’Halloran, 1999).
How well can this be expected to work? To begin with, legislators can
AND
the president and the agencies who do the governing, not the Congress.
To the extent that legislators find themselves proposing highly restrictive delegations, moreover, they
AND
as possible, and they will seriously discourage provisions that limit their prerogatives.
Even when restrictions are included in final bills, Congress faces the problem of making
AND
hands. From a control standpoint, this is a nightmare come true.
Finally, whatever the discretion contained in specific pieces of legislation, and whatever opportunities
AND
presidential control, as well as to the resources contained within the executive.
Less obviously, though, the proliferation of statutes creates substantial ambiguity about what the
AND
power-claiming all the while that he is faithfully executing the laws.
Even though presidents are mere executives, then, charged with "taking care that the laws be faithfully executed," Congress cannot be expected to use statutory constraints with great effectiveness in restricting the expansion of presidential power.