Tournament: UNLV | Round: 1 | Opponent: Georgia State Floyd-Stewart | Judge: Leader
Plan
The United States federal government should substantially increase statutory restrictions on the war powers authority of the President of the United States by establishing a federal counterterrorism oversight court with jurisdiction over targeted killing orders.
Drone Prolif
The global drone arms race is underway
Boyle 2013
MICHAEL J. BOYLE, Ph.D- Michael Boyle is an Assistant Professor of Political Science at La Salle University in Philadelphia. “The costs and consequences of drone warfare,” International Affairs, January 1, 2013, http://web.ebscohost.com/ehost/pdfviewer/pdfviewer?sid=946befe6-cb0f-406e-8eeb-8cf20833951040sessionmgr10andvid=1andhid=25//wyo-ng
A global arms race for drone technology is already under way. According to  one
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even that  will fade as more suppliers offer drones that can match US capabilities
The US has a narrow window of opportunity to shape drone proliferation, only US reform based on transparency and restraint will solve
Zenko, 2013
Micah, Council of Foreign Relations, Reforming U.S. Drone Strike Policies, January 2013, Council Special Report No. 65, Online /Wyo-MB
In short, a world characterized by the proliferation of armed drones—used with
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the future, the United States should undertake the following specific policy recommendations.
Establishing a precedent of transparency and accountability spills over globally– a non-executive framework is key
Brooks 13 (Rosa, Professor of Law – Georgetown University Law Center, Bernard L. Schwartz Senior Fellow – New America Foundation, Former Counselor to the Undersecretary of Defense for Policy – Department of Defense, “The Constitutional and Counterterrorism Implications of Targeted Killing,” Testimony Before the Senate Judiciary Subcommittee on the Constitution, Civil Rights, and Human Rights, 4-23, http://www.judiciary.senate.gov/pdf/04-23-13BrooksTestimony.pdf)
5. Setting Troubling International Precedents Here is an additional reason to worry about the
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them to justify the killing of dissidents, rivals, or unwanted minorities?
Drone courts limit executive behavior and are key to solve transparency in drone strikes
Wexler 13 (BLUE)
(Lesley, Professor of Law, University of Illinois College of Law, “The Role of the Judicial Branch during the Long War: Drone Courts, Damage Suits, and FOIA Requests,” 2013, Social Science Research Network/) /wyo-mm
This chapter suggests the judiciary may play an important role in the debate over the
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. Even the threat of such judicial role may influence executive branch behavior.
The plan solves international norms- US can shape and limit drone prolif and provide the ability to apply diplomatic pressure
Zenko, 2013
Micah, Council of Foreign Relations, Reforming U.S. Drone Strike Policies, January 2013, Council Special Report No. 65, Online /Wyo-MB
History shows that how states adopt and use new military capabilities is often influenced by
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should be informed by comparable efforts in the realms of cyber and space.
Unfettered drone prolif causes deterrence crises that leads to nuclear conflict and Indo-Pak war
Boyle, 13 “The costs and consequences of drone warfare”, MICHAEL J. BOYLE, International Affairs 89: 1 (2013) 1–29, assistant professor of political science at LaSalle University
The emergence of this arms race for drones raises at least five long-term
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legal architecture which might avert some of the worst consequences of their use.
Escalation uniquely likely now – no impact defense
Overdorf, 8/15/13 Jason, Overdorf covers India for GlobalPost. Overdorf has spent most of the past 15 years living and working in Asia. He worked as an editor with Dow Jones Newswires in New York, Singapore and Hong Kong before moving to New Delhi and becoming a freelance writer in 2002. He was a frequent contributor to the Far Eastern Economic Review until 2004, covering Indian politics, society and business. Since 2004, he has been a special correspondent at Newsweek International, where he writes on a wide range of topics. He has covered Sonia Gandhi's surprising electoral victory, the ongoing problem of Hindu fundamentalism, the simmering conflict with Maoist rebels, and societal changes resulting from India's meteoric economic growth.  He's written for the Atlantic Monthly and the Asian Wall Street Journal. His travel articles, personal essays and political commentary have appeared in Smithsonian Magazine, Departures, Travelers' Tales and other publications.  He has degrees in English literature and creative writing from Columbia University, Washington University and Boston University.“Analysis: Are India and Pakistan headed for war? Under heavy shelling, Kashmir is again set to stymie the Indo-Pak peace process. And the risks are mounting” Citing Experts at the Woodrow Wilson Center, http://www.globalpost.com/dispatch/news/war/conflict-zones/130814/analysis-are-india-and-pakistan-headed-war
“This is a sad reality of India-Pakistan relations — whenever things are
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lead to escalation,” Kugelman said. “And that's a scary thought.”
Indo Pak war causes extinction
Greg Chaffin 11, Research Assistant at Foreign Policy in Focus, July 8, 2011, “Reorienting U.S. Security Strategy in South Asia,” online: http://www.fpif.org/articles/reorienting_us_security_strategy_in_south_asia
The greatest threat to regional security (although curiously not at the top of most
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well lead to all-out war between the two that couldquickly escalate.
Drone use erodes norms for war and causes global conflict that leads to extinction
Falk, 2012
Perhaps, the most important difference between the torture and drone debates has to do
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of state-centric logic and the grandiose schemes of the geopolitical mentality.
Terror
Expansive use of targeted killing causes blowback, collateral damage, and operational errors— new guidelines key
Guiora, 2012
Amos, Professor of Law, S.J. Quinney College of Law, University of Utah, Targeted killing: when proportionality gets all out of proportion, Case Western Reserve Journal of International Law. 45.1-2 (Fall 2012): p235., Academic onefile /Wyo-MB
Morality in armed conflict is not a mere mantra: it imposes significant demands on
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becomes a mantra that justifies all action, regardless of method or procedure.
Exclusive executive decision making in drone strikes makes groupthink and errors inevitable
Chebab, 2012
Ahmad, Georgetown University Law Center, Retrieving the Role of Accountability in the Targeted Killings Context: A Proposal for Judicial Review, 3-30-12, http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2031572 /Wyo-MB
The practical, pragmatic justification for the COAACC derives largely from considering¶ social psychological
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and other associated deficiencies are inevitable features in Executive Branch decision-making.
Impact is nuclear war
Wright, 2003
Rusty, former associate speaker and writer with Probe Ministries, is an international lecturer, award-winning author, and journalist who has spoken on six continents. He holds Bachelor of Science (psychology) and Master of Theology degrees from Duke and Oxford universities, JFK and Groupthink: Lessons in Decision Making, http://www.probe.org/site/c.fdKEIMNsEoG/b.4221087/ /Wyo-MB
A fascinating facet of Kennedy's legacy involves the decision- making procedures he used among
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, and the ministry. One area it has affected is Christian television.
Judicial review solves groupthink
Chebab, 2012
Ahmad, Georgetown University Law Center, Retrieving the Role of Accountability in the Targeted Killings Context: A Proposal for Judicial Review, 3-30-12, http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2031572 /Wyo-MB
To check the vices of groupthink and shortcomings of human judgment, the psychology literature
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choices and evaluate available alternatives than when subject to little to no review.
Effective drones key- need to change our strats to avoid blowback
Masood 13
(Hassan, Monmouth College, “Death from the Heavens: The Politics of the United States’ Drone Campaign in Pakistan’s Tribal Areas,” 2013) /wyo-mm
Those who support the use of drones as an important counter-insurgency tactic nonetheless
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within the TTP that the Pakistan Army was able to launch the South Waziristan
ng said that whileOffensive, putting the TTP on the defensive. But the lower
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.S. drone strikes have killed more terrorists or produced more terrorists.”
Global terror threat is high and attacks against the US are immanent
ETN, 9-26-13
E Turbo News Global Travel News Industry Reporting on information from the State department, US State Department issues worldwide travel warning, http://www.eturbonews.com/38306/us-state-department-issues-worldwide-travel-warning /Wyo-MB
The US State Department recently released a statement cautioning Americans traveling abroad of potential terror
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in Pakistan may be planning a new series of attacks against Western targets.
And Nuclear terrorism is feasible---high risk of theft and attacks escalate
Vladimir Z. Dvorkin ‘12 Major General (retired), doctor of technical sciences, professor, and senior fellow at the Center for International Security of the Institute of World Economy and International Relations of the Russian Academy of Sciences.  The Center participates in the working group of the U.S.-Russia Initiative to Prevent Nuclear Terrorism, 9/21/12, "What Can Destroy Strategic Stability: Nuclear Terrorism is a Real Threat," belfercenter.ksg.harvard.edu/publication/22333/what_can_destroy_strategic_stability.html
Hundreds of scientific papers and reports have been published on nuclear terrorism. International conferences
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a common understanding of these threats and develop a strategy to combat them.
the entire counterterrorist effort, or become a national obsession that   creates needless terror.
Nuclear terrorism causes extinction
Morgan 9 Hankuk University of Foreign Studies, Yongin Campus – South Korea (Dennis, Futures, November, “World on fire: two scenarios of the destruction of human civilization and possible extinction of the human race,” Science Direct), accessed 9-16-2011,WYO/JF
In a remarkable website on nuclear war, Carol Moore asks the question “Is
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, to a life of unimaginable misery and suffering in a nuclear winter.     
Solvency
The creation of a federal counterterror oversight court solves all problems with the targeted killing program and all disads to judicial review
Plaw, 2007
Avery, Assistant Professor of Political Science at the University of Massachusetts at Dartmouth
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Academic OneFile. Web. 3 Oct. 2013 /Wyo-MB
This final section offers a briefcase that there is room for a principled compromise between
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extensive and dangerous counter-terrorist programs without judicial oversight generates widespread public skepticism  
MARKED

 and opposition (which tends to undermine the effectiveness of the programs) and
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that terrorist targetings carried out in the future are uniformly legitimate and effective.

And, independent courts are key—only checks on unilateral executive power can provide legitimacy to the United States and credibility to our counterterror policies, finally, the selection process for drone courts solves all disads to judges
Chebab, 2012
Ahmad, Georgetown University Law Center, Retrieving the Role of Accountability in the Targeted Killings Context: A Proposal for Judicial Review, 3-30-12, http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2031572 /Wyo-MB
Rather, balancing the needs of security against the imperatives of liberty is a traditional
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reinstate American moral legitimacy in its use of force against global terrorism.114

Tournament: UNLV | Round: 1 | Opponent: Georgia State Floyd-Stewart | Judge: Leader
PERM, ABSOLUTIST REJECTIONS ARE ULTIMATELY UNPRODUCTIVE – WE MUST EMBRACE THE DIFFERENCES IN PEACE THEORY IN ORDER TO ACHIEVE COMMON GOALS

Folk, Prof of Religious and Peace Studies at Bethany College, 78 (Jerry, “Peace Educations – Peace Studies : Towards an Integrated Approach,” Peace and Change, Vol. V, No. 1, Spring, P. 59)

The conflicting positions held by various researchers, educators, and activists in the peace
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building of creative peace among groups and individuals of the most divergent persuasions.

Tournament: UNLV | Round: 4 | Opponent: Arizona State Anderson-Woodruff | Judge: Morgan
Preventing extinction is the highest ethical priority – we should take action to prevent the Other from dying FIRST, only THEN can we consider questions of value to life
Paul Wapner, associate professor and director of the Global Environmental Policy Program at American University, Winter 2003, Dissent, online: http://www.dissentmagazine.org/menutest/archives/2003/wi03/wapner.htm
All attempts to listen to nature are social constructions-except one. Even the
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need not doubt the simple idea that a prerequisite of expression is existence.
 This in turn suggests that preserving the nonhuman world-in all its diverse
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, they deny their own intellectual insights and compromise their fundamental moral commitment.
First, Our Interpretation: The resolution asks the question of desirability of USFG action. The Role of ballot is to say yes or no to the action and outcomes of the plan.
Second, is reasons to prefer:
A. Aff Choice, any other framework or role of the ballot moots 9 minutes of the 1ac
B. It is predictable, the resolution demands USFG action
C. It is fair, Weigh Aff Impacts and the method of the Affirmative versus the Kritik, it’s the only way to test competition and determine the desirability of one strategy over another
Engaging the state is critical to the ability of citizens to break into the project of solving global challenges: Engagement 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
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the willing focused not on war but on environmental and social justice projects.

No link—
Security is inevitable—rejecting it causes the state to become more interventionist, flipping the impact
McCormack 10
Tara McCormack, ’10, is Lecturer in International Politics at the University of Leicester and has a PhD in International Relations from the University of Westminster. 2010, (Critique, Security and Power: The political limits to emancipatory approaches, page 59-61)
The following section will briefly raise some questions about the rejection of the old security
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the political limits of the framework proposed by critical and emancipatory theoretical approaches.
1AR:
Risk in the international system is inevitable—the goal should be to weigh the impacts of action vs inaction in the face of a particular threat.  
Harvard Nuclear Study Group 83 (Living with Nuclear Weapons, p.16-7)
When President John F. Kennedy was shown irrefutable evidence of the Soviet missile emplacement
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weigh accurately the risks entailed in each course and decide on policy accordingly.     

Threat construction is good – it allows us to anticipate and prevent danger
Joseph Berke, Found. And Dir. Arbours Crisis Centre, 1998, Even Paranoids Have Enemies, p. 5-6
Internal and external persecution come together in the theoretical model of ‘the paranoid process’
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possibility of preparation for the group to face them and cope with them.

Tournament: UNLV | Round: 7 | Opponent: Los Rios PR | Judge: Joe Bellon
Engaging the state is critical to the ability of citizens to break into the project of solving global challenges: Engagement 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
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the willing focused not on war but on environmental and social justice projects.

Only an understanding of the consequences of our advocacies can make us ethically responsible.
David Kennedy, Manley O. Hudson Professor of Law at Harvard Law School, 2004, The Dark Sides of Virtue: Reassessing International Humanitarianism, p. xvii-xviii
Of course, activism and policy making are not always so distinct. The activist
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conviction that we know more than we do about what justice can be.
Turn—without evaluating a person in the context of terrorism will result in political paralysis and greater casualties---their K turns a blind eye to the horrific acts of terrorists and their unwavering vigilance to taking innocent lives
Peters 4 (Retired Army Lieutenant Colonel, 4 http://www.freeman.org/m_online/apr04/peters.htm)
Have we lost the will to win wars? Not just in Iraq, but
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madmen whose appetite for blood is insatiable. And we're afraid to fight.
Terror rhetoric necessary- term key to create new forms of knowledge
Gunning 07
(Jeroen, Centre for the Study of Radicalisation and Contemporary Political Violence Department of International Politics, “Babies and Bathwaters: Reflecting on the Pitfalls of Critical Studies on Terrorism,” 2007, http://citation.allacademic.com//meta/p_mla_apa_research_citation/1/7/8/9/6/pages178966/p178966-1.php) /wyo-mm
Usage of the term ‘terrorism’ also poses serious security problems for those conducting fieldwork
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earmarked for studying ‘terrorism’ should similarly not be left simply to others.
Terror threats aren’t constructed- they’re real and empirically proven
Allison 04
(Graham, Nuclear Terrorism: The Ultimate Preventable Catastrophe, Pgs. 8-9wyo-mm)
Polls taken in 2003 found that four out of every ten Americans say that they
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yet another occasion in which nuclear material was stolen or a theft attempted.
Preventing extinction is the highest ethical priority – we should take action to prevent the Other from dying FIRST, only THEN can we consider questions of value to life
Paul Wapner, associate professor and director of the Global Environmental Policy Program at American University, Winter 2003, Dissent, online: http://www.dissentmagazine.org/menutest/archives/2003/wi03/wapner.htm
All attempts to listen to nature are social constructions-except one. Even the most radical postmodernist must acknowledge the distinction between physical existence and non-existence. As I have said, postmodernists accept that there is a physical substratum to the phenomenal world even if they argue about the different meanings we ascribe to it. This acknowledgment of physical existence is crucial. We can't ascribe meaning to that which doesn't appear. What doesn't exist can manifest no character. Put differently, yes, the postmodernist should rightly worry about interpreting nature's expressions. And all of us should be wary of those who claim to speak on nature's behalf (including environmentalists who do that). But we need not doubt the simple idea that a prerequisite of expression is existence. This in turn suggests that preserving the nonhuman world-in all its diverse embodiments-must be seen by eco-critics as a fundamental good. Eco-critics must be supporters, in some fashion, of environmental preservation.  Postmodernists reject the idea of a universal good. They rightly acknowledge the difficulty of identifying a common value given the multiple contexts of our value-producing activity. In fact, if there is one thing they vehemently scorn, it is the idea that there can be a value that stands above the individual contexts of human experience. Such a value would present itself as a metanarrative and, as Jean-François Lyotard has explained, postmodernism is characterized fundamentally by its "incredulity toward meta-narratives."  Nonetheless, I can't see how postmodern critics can do otherwise than accept the value of preserving the nonhuman world. The nonhuman is the extreme "other"; it stands in contradistinction to humans as a species. In understanding the constructed quality of human experience and the dangers of reification, postmodernism inherently advances an ethic of respecting the "other." At the very least, respect must involve ensuring that the "other" actually continues to exist. In our day and age, this requires us to take responsibility for protecting the actuality of the nonhuman. Instead, however, we are running roughshod over the earth's diversity of plants, animals, and ecosystems. Postmodern critics should find this particularly disturbing. If they don't, they deny their own intellectual insights
c
A rejection of America’s future based on a negative past destroys any potential for positive political change.
Rorty, 1999
(Richard, Professor Emeritus of Comparative Literature and, by courtesy, of Philosophy at Stanford University, Achieving Our Country) KH
One does not need to know whether Silko has read Foucault or Heidegger to see
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will be replaced, as soon as possible, by something utterly different.
Such people find pride in American citizenship impossible, and vigorous participation in electoral politics
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to join a political movement, or to share in a national hope.
Experts are critical—they have extensive knowledge of primary and secondary works in their field, and the capacity to correctly apply that information to new situations
Goldman, 2001
Alvin, University of Arizona, “Experts: Which ones should you trust?” Philosophy and Phenomenological Research, 63.1, 85-110, Online, http://fas-philosophy.rutgers.edu/goldman/SeminarFall2007/October2031st/Goldman20-20Experts20Which20Ones20Should20You20Trust.pdf /Wyo-MB
Before addressing this question, we should say more about the nature of expertise and
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hand, and what might be the epistemic basis for such a choice ?
REAL PROBLEMS DEMAND ACTION – IVORY TOWER CRITICISMS CAUSE IMMOBILIZATION

Booth ‘95
Ken, Prof. of IR, “Human wrongs and international relations,” International Affaris, ASPdelizzozzle

Philosophical sceptics, for whom nothing is certain, and so for whom the bases
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having the ‘courage of our confusions’ and thinking and acting without certainty.
In reply to those sensitive to post-colonial critiques of Western imperialism I would
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not the birthplace of an idea, but the meaning we give it.

Tournament: UNLV | Round: 4 | Opponent: Arizona State Anderson-Woodruff | Judge: Morgan
Damage suits
Ex post review fails to solve legitimacy or set up a legal framework
Crandall 12 (Carla, Law Clerk – Supreme Court of Missouri, “Ready…Fire…Aim! A Case for Applying American Due Process Principles Before Engaging in Drone Strikes,” Florida Journal of International Law, April, 24 Fla. J. Int'l L. 55, Lexis)

Despite the expanded use of drones, however, the legitimacy of these attacks remains
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type action as a remedy for the survivors of erroneous drone strikes. n8
As this Article explains, however, none of these approaches yield wholly satisfactory answers
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" before firing-and posits that such a standard is practically attainable.
In doing so, the Article proceeds as follows. Part II describes the capabilities
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U.S. officials engage in such actions. Part V concludes.
They will LOSE THE CASES—turns the counterplan
Murphy and Radsan – Their Author – 9 (Richard, ATandT Professor of Law – Texas Tech University School of Law, and Afsheen John, Professor – William Mitchell College of Law; Assistant General Counsel – Central Intelligence Agency, “Due Process and Targeted Killing of Terrorists,” Cardozo Law Review, November, 32 Cardozo L. Rev. 405, Lexis)

In addition, the doctrine of qualified immunity requires dismissal of actions against officials if a court determines they reasonably believed they were acting within the scope of their legal authority.220 Defendants would satisfy this requirement so long as they reasonably claimed they had authority under the laws of war (assuming their applicability). These standards are hazy, and a court applying them would tend to defer to the executive on matters of military judgment.221
In view of so many practical and legal hurdles, some courts and commentators might
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these egregious cases, a judicial check on executive authority is most necessary.
Counterplan wrecks TK operations and broader military effectiveness
Stuart Delery, Principal Deputy Assistant Attorney General Civil Division, 12/14/12, DEFENDANTS’ MOTION TO DISMISS, http://www.lawfareblog.com/wp-content/uploads/2012/12/MTD-AAA.pdf

First, the D.C. Circuit has repeatedly held that where claims directly
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would have the same, if not greater, negative outcome on the military

 as in the military detention context that is now well-trodden territory in
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on military effectiveness. This too warrants barring this new species of litigation.

Tournament: UNLV | Round: 6 | Opponent: Whitman College Menzies-Barsky | Judge: Miller
UQ - Wont pass – conservatives in house not moved
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
But immigration reform is something virtually all Democrats want to see back on in the
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question is how many minds are going to be changed in the House.Ӧ
Immigration reform won’t pass now; shutdown poisoned the well and the republicans need a “cooling off period”
Nowicki Oct 20th 2013
Dan Nowicki, The Arizona Republic, “Hopes dim for immigration reform,” Oct. 20, 2013 7:00 AM, http://news.cincinnati.com/usatoday/article/3062199//wyo-ng

Prospects for a comprehensive immigration reform bill remain cloudy after a bruising shutdown fight for
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he said. "It certainly feels like the fever has not broken.” 

1AR:
drone courts popular—particularly with Feinstein and King
Hosenball, 2-8-2013
Mark, Reuters news service, Support grows for U.S. "drone court" to review lethal strikes, http://www.reuters.com/article/2013/02/09/us-usa-drones-idUSBRE91800B20130209 /Wyo-MB
During a fresh round of debate this week over President Barack Obama's claim that he
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least that would be ... some check on the activities of the executive."

Tournament: UNLV | Round: 4 | Opponent: Arizona State Anderson-Woodruff | Judge: Morgan
1st, Pres powers low now—Syria decision undermined Obama’s presidential powers
Nather and Palmer, 9-1-13
David and Anna, Politico, Bushies fear Obama weakening presidency, http://www.politico.com/story/2013/09/bushies-fear-obama-weakening-presidency-96143.html /Wyo-MB
President Barack Obama just turned decades of debate over presidential war powers on its head
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alums — are beside themselves, arguing that Obama has weakened the presidency.
2nd, A multitude of other actors hamper presidential flexibility—thumps the disad
Rozell 12
(Mark Rozell, Professor of Public Policy, George Mason University, “From Idealism to Power: The Presidency in the Age of Obama” 2012, http://www.libertylawsite.org/book-review/from-idealism-to-power-the-presidency-in-the-age-of-obama/, KB)
A substantial portion of Goldsmith’s book presents in detail his case that various forces outside
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little understanding of the broader implications of tying down the president with legalisms.
3rd Link Turn—extend plan bolsters executive action—Obama power is vindicated when he has the backing and support of courts, plan results in more decisive executive actions.
Chebab, 2012
Ahmad, Georgetown University Law Center, Retrieving the Role of Accountability in the Targeted Killings Context: A Proposal for Judicial Review, 3-30-12, http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2031572 /Wyo-MB
Rather, balancing the needs of security against the imperatives of liberty is a traditional
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reinstate American moral legitimacy in its use of force against global terrorism.114
Political power is not zero sum—no trade off
Read, 3-1-12
James, College of Saint Benedict/Saint John's University, jread@csbsju.edu, Is Power Zero-Sum or Variable-Sum? Old Arguments and New Beginnings, Political Science Faculty Publications.Paper 4, http://digitalcommons.csbsju.edu/cgi/viewcontent.cgi?article=1004andcontext=polsci_pubs /Wyo-MB
The specific question with which this essay is concerned is whether power – and ¶
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– as the zero-sum view (see Read 2009a; 2010).

Tournament: UNLV | Round: 6 | Opponent: Whitman College Menzies-Barsky | Judge: Miller
1st, Pres powers low now—Syria decision undermined Obama’s presidential powers
Nather and Palmer, 9-1-13
David and Anna, Politico, Bushies fear Obama weakening presidency, http://www.politico.com/story/2013/09/bushies-fear-obama-weakening-presidency-96143.html /Wyo-MB
President Barack Obama just turned decades of debate over presidential war powers on its head
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alums — are beside themselves, arguing that Obama has weakened the presidency.
2nd, A multitude of other actors hamper presidential flexibility—thumps the disad
Rozell 12
(Mark Rozell, Professor of Public Policy, George Mason University, “From Idealism to Power: The Presidency in the Age of Obama” 2012, http://www.libertylawsite.org/book-review/from-idealism-to-power-the-presidency-in-the-age-of-obama/, KB)
A substantial portion of Goldsmith’s book presents in detail his case that various forces outside
AND
little understanding of the broader implications of tying down the president with legalisms.

Tournament: UNLV | Round: 1 | Opponent: Georgia State Floyd-Stewart | Judge: Leader
We meet – contextual ev
Guiora, 12 Amos, Professor of Law, SJ Quinney College of Law, University of Utah, author of numerous books dealing with military law and national security including Legitimate Target: A Criteria-Based Approach to Targeted Killing, “Drone Policy: A Proposal Moving Forward,” http://jurist.org/forum/2013/03/amos-guiora-drone-policy.php
To re-phrase, this strict scrutiny test seeks to strike a balance by enabling the state to act sooner but subjecting that action to significant restrictions. This paradigm would be predicated on narrow definitions of imminence and legitimate targets. Rather than enabling the consequences of the DOJ memo, the strict scrutiny test would ensure implementation of person-specific operational counterterrorism. That is the essence of targeted killing conducted in accordance with the rule of law and morality in armed conflict.
2. Counter interpretation:
“Statutory restrictions” can mandate judicial review, but are enacted by congress
Mortenson 11 (Julian Davis Assistant Professor, University of Michigan Law School, “Review: Executive Power and the Discipline of History Crisis and Command: The History of Executive Power from George Washington to George W. Bush John Yoo. Kaplan, 2009. Pp vii, 524,” Winter 2011, University of Chicago Law Review 78 U. Chi. L. Rev. 377)
At least two of Yoo's main examples of presidential power are actually instances of presidential deference to statutory restrictions during times of great national peril. The earliest is Washington's military suppression of the Whiskey Rebellion (III, pp 66-72), a domestic disturbance that Americans viewed as implicating adventurism by European powers and threatening to dismember the new nation. n60 The Calling Forth Act of 1792 n61 allowed the President to mobilize state militias under federal control, but included a series of mandatory procedural checks--including judicial *399 approval--that restricted his ability to do so. n62 Far from defying these comprehensive restrictions at a moment of grave crisis, Washington satisfied their every requirement in scrupulous detail. He issued a proclamation ordering the Whiskey Rebels to disperse. n63 When they refused to do so, he submitted a statement to Justice James Wilson of the Supreme Court describing the situation in Pennsylvania and requesting statutory certification. n64 Only when Wilson issued a letter precisely reciting the requisite statutory language (after first requiring the President to come back with authentication of underlying reports and verification of their handwriting n65) did Washington muster the troops. n66 Washington's compliance with statutory restrictions on his use of force continued even after his forces were in the field. Because Congress was not in session when he issued the call-up order, Washington was authorized by statute to mobilize militias from other states besides Pennsylvania--but only "until the expiration of thirty days after the commencement of the ensuing congressional session." n67 When it became clear that the Pennsylvania campaign would take longer than that, Washington went back to Congress to petition for extension of the statutory time limit that would otherwise have required him to *400 disband his troops. n68 Far from serving as an archetypal example of presidential defiance, the Whiskey Rebellion demonstrates exactly the opposite. FDR's efforts to supply the United Kingdom's war effort before Pearl Harbor teach a similar lesson. During the run-up to America's entry into the war, Congress passed a series of Neutrality Acts that supplemented longstanding statutory restrictions on providing assistance to foreign belligerents. Despite these restrictions, FDR sent a range of military assistance to the future Allies. n69 Yoo makes two important claims about the administration's actions during this period. First, he claims the administration asserted that "any statutory effort by Congress to prevent the President from transferring military equipment to help American national security would be of 'questionable constitutionality'" (III, p 300). Second, he suggests that American military assistance in fact violated the neutrality statutes (III, pp 295-301, 310, 327-28).
A restriction on war powers authority limits Presidential discretion—every thing that happens through congress
Jules Lobel 8, Professor of Law at the University of Pittsburgh  Law School, President of the Center for Constitutional Rights, represented members of Congress challenging assertions of Executive power to unilaterally initiate warfare, “Conflicts Between the Commander in Chief and Congress: Concurrent Power  over the Conduct of War,” Ohio State Law Journal, Vol 69, p 391, 2008, http://moritzlaw.osu.edu/students/groups/oslj/files/2012/04/69.3.lobel_.pdf
So too, the congressional power to declare or authorize war has been long held to permit Congress to authorize and wage a limited war—“limited in place, in objects, and in time.” 63 When Congress places such restrictions on the President’s authority to wage war, it limits the President’s discretion to conduct battlefield operations. For example, Congress authorized President George H. W. Bush to attack Iraq in response to Iraq’s 1990 invasion of Kuwait, but it confined the President’s authority to the use of U.S. armed forces pursuant to U.N. Security Council resolutions directed to force Iraqi troops to leave Kuwait. That restriction would not have permitted the President to march into Baghdad after the Iraqi army had been decisively ejected from Kuwait, a limitation recognized by President Bush himself.64 

Kritik
Strict review of targeted killing operations is key to maintain the laws of armed conflict and maintain morality in war—solves
Guiora, 2012
Amos, Professor of Law, S.J. Quinney College of Law, University of Utah, Targeted killing: when proportionality gets all out of proportion, Case Western Reserve Journal of International Law. 45.1-2 (Fall 2012): p235., Academic onefile /Wyo-MB
One of the dominant, and admittedly controversial, arguments this essay advances is that states have an obligation to conduct themselves morally, including during armed conflict. Although some may find this notion inherently contradictory, "morality in armed conflict" is a term of art (and not an oxymoron) that lies at the core of the instant discussion. This concept imposes an absolute requirement that soldiers treat the civilian population of areas in which they are engaged in conflict with the utmost dignity and respect. This obligation holds true whether combat takes place "house-to-house" or using remotely piloted aircraft tens of thousands of feet up in the sky. This concept may be simple to articulate, yet it is difficult to implement; the operational reality of armed conflict short of war requires a soldier to make multiple decisions involving various factors, all of which have never-ending spin-off potential. After all, every decision is not only complicated in and of itself, but each operational situation has a number of "forks." The implication is that no decision is linear, and every decision leads to additional dilemmas and spurs further decision making.¶ Operational decision-making is thus predicated on a complicated triangle that must incorporate the rule of law, morality, and effectiveness. I have been asked repeatedly whether that triangle endangers soldiers while giving the "other side" an undue advantage. The concern is understandable; however, the essence of armed conflict is that innocent civilians are in the immediate vicinity of combatants, and there is a duty to protect them even at the risk of harm to soldiers. (12) The burden to distinguish between combatant and civilian is extraordinarily complicated and poses significant operational dilemmas for and burdens on soldiers.¶ For armed conflict conducted in accordance with the rule of law and morality, this burden of distinction can never be viewed as mere mantra. Distinction, (13) then, is integral to the discussion. It is as relevant and important to the soldier standing at a check-point, uncertain whether the person standing opposite him is a combatant or civilian, as it must be in any targeted killing dilemma. The decision whether to operationally engage must reflect a variety of criteria and guidelines. (14) Otherwise, the nation state conducts itself in the spirit of a video game where victims are not real and represent mere numbers, regardless of the degree of threat they pose.¶ At the most fundamental level, operational decision making in the context of counterterrorism involves the decision whether to kill an individual defined as a legitimate target. (15) Although some argue killing is inherently immoral, I argue that killing in the context of narrowly defined self-defense is both legal and moral provided that the decision to "pull the trigger" is made in the context of a highly circumscribed and criteria-based framework. If limits are not imposed in defining a legitimate target, then decisions take on the hue of both illegality and immorality.

PERM DO BOTH, PREVENTING NUCLEAR WAR IS THE ABSOLUTE PREREQUISITE TO POSITIVE PEACE

Folk, Prof of Religious and Peace Studies at Bethany College, 78 (Jerry, “Peace Educations – Peace Studies : Towards an Integrated Approach,” Peace and Change, Vol. V, No. 1, Spring, P. 58)

Those proponents of the positive peace approach who reject out of hand the work of researchers and educators coming to the field from the perspective of negative peace too easily forget that the prevention of a nuclear confrontation of global dimensions is the prerequisite for all other peace research, education, and action. Unless such a confrontation can be avoided there will be no world left in which to build positive peace. Moreover, the blanket condemnation of all such negative peace oriented research, education or action as a reactionary attempt to support and reinforce the status quo is doctrinaire. Conflict theory and resolution, disarmament studies, studies of the international system and of international organizations, and integration studies are in themselves neutral. They do not intrinsically support either the status quo or revolutionary efforts to change or overthrow it. Rather they offer a body of knowledge which can be used for either purpose or for some purpose in between. It is much more logical for those who understand peace as positive peace to integrate this knowledge into their own framework and to utilize it in achieving their own purposes. A balanced peace studies program should therefore offer the student exposure to the questions and concerns which occupy those who view the field essentially from the point of view of negative peace.

You need to understand flash point scenarios to understand everyday violence because they are both part of the human condition.
Favret, 05
“Everyday War”, Mary A. Favret, Professor. Ph.D., Stanford University. Indiana University, Johns Hopkins University Press, 2005. http://muse.jhu.edu/journals/elh/v072/72.3favret.html//uwyokb

It should come as no surprise, then, that later theories of the everyday, derived in response to Freud, often run parallel to theories of trauma and pose the same challenge to conventional history. If, as Cathy Caruth suggests in her work, trauma manifests itself as the unassimilable, the unnarrateable trace of history destined to self-repetition, then it is remarkably close to an understanding of the everyday as it has been conceived in postwar criticism: that is, as routine practices, repeated habitually (perhaps compulsively) and the desires which surround them. The study of the everyday requires an ability to map "a conjunction of habit, desire and accident," but admits that its object is "practically untellable" and "eludes the grip of forms."40 The unmeaning of the everyday, writes Langbauer, reading Lefebvre, "can only become meaningful when transformed into something other than everyday life."41 Like trauma, in other words, the everyday can never know or tell itself. We might be tempted to say that what holds these otherwise compatible structures apart is the suggestion of some punctual violence, End Page 618the supposed source of trauma but not of the everyday. In a recently translated essay, "The Everyday and Everydayness," Lefebvre explains that "the character of the everyday has always been repetitive and veiled by obsession and fear" but it stands distinct from the more eventful "violence, death, catastrophe."42 Yet if the everyday stands apart from death or catastrophe, then in its constitutive distance from the violent event the everyday recapitulates the situation of the traumatized survivor or witness, who is also "veiled by obsession and fear." Extending Lefebvre's comment, we might say that this haunted, repetitive, elusive everyday marks a response to violence, especially the violence of war. The everyday and the traumatized both stand in the shadow of a violent history. In the tradition I have been tracing, the everyday has come to suggest, in fact, a collective or social version—however contested—of an experience Freud assigned to his barely defended "fragment of living matter": that is, trauma. But to call it an experience is already to misname it: for trauma, like the everyday, resides in the area of eventlessness and repetition, of dense if unarticulated affect, that, like Wellington's ball and battle, defies historical record. Both the everyday and trauma, as we have inherited them through the last two centuries, continually disclose themselves as wartime structures, telling but not telling histories of war.
War rhetoric is inevitable.
Ansah, 03
“War:Rhetoric and Norm-Creation in Response to Terror”, Tawia Ansah- Professor at the New England School of Law with PhD from Columbia University. Virginia Journal of International Law, Vol. 43, p. 797, Spring 2003uwyokb 

Whatever war itself might mean, it is clear that for the United States after September 11, war talk was virtually inescapable. Professor Ruth Wedgewood, at a conference following the military action in Afghanistan and on the eve of the government’s pronouncements on the planned military tribunals, speculated on the appropriate response of the U.S. government as between the criminal justice system, or a war or armed conflict model. She suggested that “the scope of damage caused on September 11 makes the language of war seem apropos.” Serge Schmemann, in a recent article, corroborates this view within the U.S. “After the attacks of September 11, President Bush declared war on terrorism. In the immediate aftermath of the destruction of the twin towers, the concept seemed starkly simple: send out the Marines, rally the world, warn the slackers and fellow- travelers that America is really angry and crush the evildoers.” President Bush himself, during those first weeks, “referred to the coming battle as a crusade. He called for “revenge, called Osama bin Laden the prime suspect and asked for him dead or alive.” 

The rhetoric of war is important to interrogate the motivations of wars which creates the best relationship to war.
Ansah, 03
“War:Rhetoric and Norm-Creation in Response to Terror”, Tawia Ansah- Professor at the New England School of Law with PhD from Columbia University. Virginia Journal of International Law, Vol. 43, p. 797, Spring 2003uwyokb
It is possible to see within the rhetorical category of deliberative speech—the exhortation or call to arms—a parallel to political war. A rhetorical analysis of the use of the language of war may enable a discovery of the philosophy of war to which the speaker alludes, even unwittingly. It will also permit us to see what lies behind and beneath the presumptions and dispositions that shape the actions, and their legal justifications, undertaken pursuant to those views and sentiments. In other words, how we talk about war reflects what we conceive war to be. Do we think in eschatological terms of a “final war”? Is our culture steeped in the discourse of war as a rational and inevitable extension of our political system and, therefore, rational policy? Is war, when it comes, an anomalous and catastrophic event?

Discourse does guide interaction, but excluding some use of language creates a system of hierarchy, perpetuating the logic of exclusion. 

Bleiker 2003  (Roland, Professor of International Relations Harvard and Cambridge, Discourse
and Human Agency, Palgrave Macmillan, 2003. p. 27-28 UWYO KB) 

‘It is within discourse,’ one of Foucault’s much rehearsed passages (1976, 133) notes, ‘that power and knowledge articulate each other.’ The work of the French historian and philosopher epitomizes what is at stake in questions of discourse and agency. For Foucault, discourses are subtle mechanisms that frame our thinking process. They determine the limits of what can be thought, talked and written in a normal and rational way. In every society the production of discourses is controlled, selected, organized and diffused by certain procedures. This process creates systems of exclusion in which one group of discourses is elevated to a hegemonic status, while others are condemned to exile. Discourses give rise to social rules that decide which statements most people recognize as valid, as debatable or as undoubtedly false. They guide the selection process that ascertains which propositions from previous periods or foreign cultures are retained, imported, valued, and which are forgotten or neglected (see Foucault, 1969, 1971, 1991, 59–60). Not everything is discourse, but everything is in discourse. Things exist independently of discourses, but we can only assess them through the lenses of discourse, through the practices of knowing, perceiving and sensing, which we have acquired over time. Discourses render social practices intelligible and rational and by doing so mask the ways in which they have been constituted and framed. Systems of domination gradually become accepted as normal and silently penetrate every aspect of society. They cling to the most remote corners of our mind, for, as Nietzsche (1983, 17) once expressed it, ‘all things that live long are gradually so saturated with reason that their emergence out of unreason thereby becomes improbable.’
Engaging the state is critical to the ability of citizens to break into the project of solving global challenges: Engagement 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 greater interaction of national andglobal dynamics are not part of some unidirectional historical progres-sion. There have been times in the past when they may have been as strong in certain aspects as they are today (Sassen, 2008a: chapter 3). But the current positioning of national states is distinctive precisely because 270 Saskia Sassen the national state has become the most powerful complex organizational entity in the world, and because it is a resource that citizens, confined largely to the national, can aim at governing and using to develop novel political agendas. It is this mix of the national and the global that is so full of potential. The national state is one particular form of state: at the other end of this variable the state can be conceived of as a technical administrative capability that could escape the historic bounds of narrow nationalisms that have marked the state historically, or colonialism as the only form of internationalism that states have enacted. Stripping the state of the particularity of this historical legacy gives me more analytic freedom in conceptualising these processes and opens up the possibility of the denationalised state.As particular components of national states become the institutional home for the operation of some of the dynamics that are central to glob-alisation they undergo change that is difficult to register or name. In my own work I have found useful the notion of an incipient denation-alising of specific components of national states, i.e. components that function as such institutional homes. The question for research then becomes what is actually ‘national’ in some of the institutional compo-nents of states linked to the implementation and regulation of economic globalisation. The hypothesis here would be that some components of national institutions, even though formally national, are not national in the sense in which we have constructed the meaning of that term overthe last hundred years.This partial, often highly specialised or at least particularised, dena-tionalisation can also take place in domains other than that of economic globalisation, notably the more recent developments in the humanrights regime which allow national courts to sue foreign firms and dictators, or which grant undocumented immigrants certain rights. Denationalisation is, thus, multivalent: it endogenises global agendas of many different types of actors, not only corporate firms and financial markets, but also human rights and environmental objectives. Those confined to the national can use national state institutions as a bridge into global politics. This is one kind of radical politics, and only one kind, that would use the capacities of hopefully increasingly denationalized states. The existence and the strengthening of global civil society organ-isations becomes strategic in this context. In all of this lie the possibilities of moving towards new types of joint global action by denationalized states–coalitions of the willing focused not on war but on environmental and social justice projects.

Tournament: UNLV | Round: 6 | Opponent: Whitman College Menzies-Barsky | Judge: Miller
Engaging the state is critical to the ability of citizens to break into the project of solving global challenges: Engagement 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.

Finally, It is a voter for competitive equity—prefer our interpretation, it allows both teams to compete, other roles of the ballot are arbitrary and self serving

Preventing extinction is the highest ethical priority – we should take action to prevent the Other from dying FIRST, only THEN can we consider questions of value to life
Paul Wapner, associate professor and director of the Global Environmental Policy Program at American University, Winter 2003, Dissent, online: http://www.dissentmagazine.org/menutest/archives/2003/wi03/wapner.htm
All attempts to listen to nature are social constructions-except one. Even the
AND
, they deny their own intellectual insights and compromise their fundamental moral commitment.
And, Drones are inevitable
Henning, 2-20-12
Job, NYT, Embracing the Drone, http://www.nytimes.com/2012/02/21/opinion/embracing-the-drone.html?pagewanted=alland_r=0 /Wyo-MB
Drones — more formally armed Unmanned Aerial Vehicles, or UAVs — are “in
AND
polls show that a vast majority of Americans support the use of drones.¶ 

And, No link—
Scenario creation isn't the same as threat construction, it’s crucial to see if policies are a good idea and reduce the risk of nuclear war.
Darryl S.L.Jarvis - School of Economics and Political Science, U. of Sydney - 2K3 "Political Risk in International Relations: Empirical Experiences and Conceptual Approaches" School of Economics and Political Science, Working Papers
Scenario generation has its origins in the Cold War when strategic analysts developed the method
AND
and checked, can derail the construction of quality scenarios and their utility. 

Security is inevitable—rejecting it causes the state to become more interventionist, flipping the impact
McCormack 10
Tara McCormack, ’10, is Lecturer in International Politics at the University of Leicester and has a PhD in International Relations from the University of Westminster. 2010, (Critique, Security and Power: The political limits to emancipatory approaches, page 59-61)
The following section will briefly raise some questions about the rejection of the old security
AND
the political limits of the framework proposed by critical and emancipatory theoretical approaches.

Tournament: UNLV | Round: 6 | Opponent: Whitman College Menzies-Barsky | Judge: Miller
T

1. We meet——plan establishes a restriction on targeted killing that limits the presidents legal authority to use force
   We meet – contextual ev
   Guiora, 12 Amos, Professor of Law, SJ Quinney College of Law, University of Utah, author of numerous books dealing with military law and national security including Legitimate Target: A Criteria-Based Approach to Targeted Killing, “Drone Policy: A Proposal Moving Forward,” http://jurist.org/forum/2013/03/amos-guiora-drone-policy.php
   To re-phrase, this strict scrutiny test seeks to strike a balance by
   AND
   conducted in accordance with the rule of law and morality in armed conflict.
   2. Counter interpretation:
   A restriction on war powers authority limits Presidential discretion
   Jules Lobel 8, Professor of Law at the University of Pittsburgh  Law School, President of the Center for Constitutional Rights, represented members of Congress challenging assertions of Executive power to unilaterally initiate warfare, “Conflicts Between the Commander in Chief and Congress: Concurrent Power  over the Conduct of War,” Ohio State Law Journal, Vol 69, p 391, 2008, http://moritzlaw.osu.edu/students/groups/oslj/files/2012/04/69.3.lobel_.pdf
   So too, the congressional power to declare or authorize war has been long held
   AND
   decisively ejected from Kuwait, a limitation recognized by President Bush himself.64
   Restrict doesn’t mean prohibit
   Coffey, 82 - US Circuit Judge, dissenting (VICTOR D. QUILICI, ROBERT STENGL, et al., GEORGE L. REICHERT, and ROBERT E. METLER, Plaintiffs-Appellants, v. VILLAGE OF MORTON GROVE, et al., Defendants-Appellees Nos. 82-1045, 82-1076, 82-1132 UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT 695 F.2d 261; 1982 U.S. App. LEXIS 23560, lexis)

Pursuant to section 83, a municipality can enact an ordinance reasonably restricting or confining
AND
or restrict involves a circumscription which falls far short of an absolute prohibition.
"The words 'prohibit' and 'restrict' are not synonymous. They are not alike in their meaning in their ordinary use . . . . 'To restrict is to restrain within bounds; to limit; to confine and does not mean to destroy or prohibit.'"

Tournament: UNLV | Round: 6 | Opponent: Whitman College Menzies-Barsky | Judge: Miller
Perm do both—Shields the Link to politics—Congress purposefully doesn’t act on legislation or waits for executive action so that they can blame the president
Buchanan 2013
Neil Buchanan, Law Professor, February 21, 2013, Spending Priorities, the Separation of Powers, and the Rule of Law, http://www.dorfonlaw.org/2013/02/spending-priorities-separation-of.html, uwyoamp
The debt ceiling is keeping us busy, here at Dorf on Law. Later
AND
not to let them do so. With great power comes great responsibility.