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======Death Aff======
=====1AC=====
**The expulsion of death forms the nucleus of modern politics. Unable to come to terms with the symbolic reversibility of death, the system reduces life to mere industrial prolongation, encoding the conditions of possibility for all exclusion.**\\
**__Robinson 12__** (Andrew, Political Theorist, Activist Based in the UK and research fellow affiliated to the Centre for the Study of Social and Global Justice (CSSGJ), University of Nottingham, “Jean Baudrillard: The Rise of Capitalism & the Exclusion of Death”, March 30, http://ceasefiremagazine.co.uk/in-theory-baudrillard-2/
Symbolic exchange – or rather, its suppression . . . life or death serves the reproduction of domination.

**This reversibility forms the substrate of our relationship to the world – the real now floats fragmented upon the map we constructed in its image. Our only recourse is to abandon knowledge in favor of a poetics of radical alterity; in a word: death. **\\
**__Baudrillard 2k__** (Jean Baudrillard, 2000, The Vital Illusion, pp. 61-83

Murder of the Real: it sounds like . . . more unintelligible, even more enigmatic.
	
**Organ transplantation is only made possible by this symbolic exchange between life and death – a unique site where reversibility manifests in the social world**\\
**__Ben-David 5__** (Orit Brawer Ben-David, Lecturer in Medical Sociology and Anthropology at Tel Aviv University, 2005, Organ Donation and Transplantation: Body Organs as an Exchangeable Socio-Cultural Resource, pp. xv-xvii

This book deals with life and death and . . . had realizable and socially legitimate interests. 
	
**The symbolic resonance of organ transplantation cannot be consumed and reappropriated by any rational system of thought – death remains an accursed share, disturbing the ontological certainty of the subject**\\
**__Ben-David 5__** (Orit Brawer Ben-David, Lecturer in Medical Sociology and Anthropology at Tel Aviv University, 2005, Organ Donation and Transplantation: Body Organs as an Exchangeable Socio-Cultural Resource, pp. 105-112

Sociologists and anthropologists, when dealing with the . . . dead body that can be used for transplants. 

**However, organ transplantation remains locked inside a semiotic system that divests it of its radical potential – its accursed share turned destructive. The system casts organ transplantation as an “altruistic” act to bracket it from an exchange relationship. Organs were always already for sale: it’s just that the price is death.**\\

**Rather than examine the so-called “gift of life,” we must endorse the reversibility of the exchange: vote affirmative to legalize the gift of death.**\\
**__Scheper‐Hughes 2k__** (Nancy Scheper‐Hughes is Professor of Anthropology at the University of California, Berkeley, “The Global Traffic in Human Organs,” Current Anthropology, Vol. 41, No. 2, April 2000, DOI: 10.1086/300123

Death is, of course, another key . . . to the machine in today's intensive care units.

**Death constitutes the irreducible horizon of power – the organ is the symbolic gift that the system can only receive by destroying itself**\\
**__Baldwin 12 __**(Jon Baldwin, lecturer in Critical and Contextual Studies at London Metropolitan University, “Potlatch Politics – Baudrillard’s Gift,” The International Journal of Baudrillard Studies, Volume 9, Number 3 (October 2012)

“[A]nything that cannot be exchanged . . . may be” (Baudrillard 1993: 38).

**The 1AC is an act of affirmative nihilism – not an act of revolutionary purification, but of joyful simulation. The gift of death confronts the system with its limit, passing beyond the law while laughing at its carcass**\\
**__Call 2__** (Lewis Call, Associate Professor of History at Cal Poly in San Luis Obispo, 2002, Postmodern Anarchism. Lexington: Lexington Books, pp. 104-113

But if this is really Baudrillard’s position, . . . drives crash. And even signs must burn.

=====2AC Framework=====
====2AC Fairness====
**Call for fairness produces life-denying ossification of debate**\\
**__Grimm 77__** (Ruediger Hermann, art historian and Goethe scholar, Nietzsche's Theory of Knowledge, ed. M. Montinari, W. Miiller-Lauter & H. Wenzel, Berlin: Walter de Gruyter, pg. 30-33, Gender modified
	
Western logic and metaphysics have been traditionally founded . . . , als ein Kampf . . .0 0
====2AC Proliferation====
**The proliferation of meaning and consciousness raising rely on a fantasy of communication which imlodes under its own wieght. More knowledge does not change reality.**\\
**__Baudrillard 2000__** /http://www.egs.edu/faculty/jean-baudrillard/articles/simulacra-and-simulations-viii-the-implosion-of-meaning-in-the-media/
 We live in a world where there . . . and regeneration of meaning and of speech. 

====2AC Dialogue====
**Idea that subjects should be maximally reciprocal destroys the possibility for individual value**\\
**__Robinson 12__** (Andrew, Political Theorist, Activist Based in the UK and research fellow affiliated to the Centre for the Study of Social and Global Justice (CSSGJ), University of Nottingham, April 14, 2012, “Jean Baudrillard: Critique of Alienation – Draft 1,” http://ceasefiremagazine.co.uk/in-theory-baudrillard-3/

Baudrillard also sees communication and sociality being corrupted . . . instead using them as inducements to conformity.



====== 2013-2014 ======

===== Virilio Aff =====
==== 1AC ====
**Politics is disappearing – the acceleration of social temporality has been matched by the emergence of pure war: a cult that denies democracy in favor of fascistic messianism **\\
**__Hutchings 8__** (Kimberly Hutchings, Professor and Department Head of International Relations at the London School of Economics and Political Science, 2008, “Apocalyptic times” in Time and world politics: thinking the present, Manchester University Press)

Modernist narratives of the development of world politics . . . the former might control or direct the latter.

**This acceleration has eroded the very conditions of possibility for liberal democracy – the traditional mechanisms of civic life have been rendered obsolete by the instability of time itself**\\
**__Scheuerman 1__** (William E. Scheuerman, professor of political science at the University of Minnesota. “Liberal Democracy and the Empire of Speed.” Polity, Vol. 34, No. 1 (Autumn, 2001), pp. 41-67

II. The Space and Time Horizons of . . . between past and future is eerily reduced.67

**In this uncertain, high-speed world, liberal democracy has sold its soul to maintain the relevance of its political body – we imbue the executive with ever greater authority to maintain stability in face of nebulous threats**\\
**__Glezos 11__** (Simon Glezos, Lecturer of Political Science at the University of Victoria, British Columbia, “The ticking bomb: Speed, liberalism and ressentiment against the future”, Contemporary Political Theory 10.2 (May 2011): 147-165. doi:10.1057/cpt.2010.6

This article uses the 'Ticking Bomb Scenario' as . . . when things do reach such a terminal velocity.

**But in our struggle to find stability, we replace the executive with the bedrock of technology itself, a totalitarian robot that embodies our obsession with speed and our desire to harness it**\\
**__Adams 3__** (Jason Adams, M.A. candidate in political science at Simon Fraser University, 2003, “Popular Defense in the Empire of Speed: Paul Virilio and the Phenomenology of the Political Body,” Thesis, http://www.academia.edu/attachments/2058093/download_file

As we saw in the last chapter, . . . transformation is being enforced on a global scale. 

**Cyberwar is the apotheosis of this quest for control – the locus of our deterrent is transferred from the atom to the electron, fulfilling our dreams of instantaneous and absolute response. With the culmination of pure war comes the specter of the integral accident: global in scope and generalized in nature**\\
**__Virilio 6__** (Paul Virilio. 2006. The Information Bomb. pp. 131-145

With the end of the twentieth century, . . . held in suspension in the ether of telecommunications.

**This new stage of politics creates first a global concentration camp, then nuclear annihilation – all in the name of Progress**\\
**__Hutchings 8__** (Kimberly Hutchings, Professor and Department Head of International Relations at the London School of Economics and Political Science, 2008, “Apocalyptic times” in Time and world politics: thinking the present, Manchester University Press)

Virilio develops an extensive vocabulary to capture his . . . 11 in these terms (2005: 74).

**Our advocacy begins with an ontology of speed – it’s not simply the linear compression of time, but a rift: the irruption of the New into the present, an absolute futurity that lays bare the impossibility of liberal telos**\\
**__Glezos 11__** (Simon Glezos, Lecturer of Political Science at the University of Victoria, British Columbia, “The ticking bomb: Speed, liberalism and ressentiment against the future”, Contemporary Political Theory 10.2 (May 2011): 147-165. doi:10.1057/cpt.2010.6

What is more, by pursuing a purely . . . at both the individual and the social level. 

**The unitary executive is the ultimate manifestation of liberal ressentiment toward an ateleological future – a failed attempt to secure a coherent political identity in an uncertain world.**\\

**Voting aff endorses a radical embrace of that uncertainty. Liberalism closes off deliberation because it’s afraid where true democracy will take us, instead investing the executive with the authority to narrate the present into the future. Vote aff to open debate to futurity.**\\
**__Glezos 11__** (Simon Glezos, Lecturer of Political Science at the University of Victoria, British Columbia, “The ticking bomb: Speed, liberalism and ressentiment against the future”, Contemporary Political Theory 10.2 (May 2011): 147-165. doi:10.1057/cpt.2010.6

Speed and Ressentiment Now that we have developed . . . means an established fact or a foregone conclusion.

**Absent an analysis of temporality, any project to resuscitate politics will fail. If it’s true that debate constellates our political subjecitivity, we must begin with the question of speed.**\\
**__Scheuerman 9__** (William E. Scheuerman, professor of political science at the University of Minnesota, “Citizenship and Speed” in High-Speed Society: Social Acceleration, Power, and Modernity, 2009. pub. The Pennsylvania State University Press, eds. Hartmut Rosa and William E. Scheuerman, pp. 292-296

Much of modern democratic theory could be appropriately . . . executive—who promises quick and decisive action.

==== 2AC Framework====
===2AC Interpretations===
**Counterinterp: speed is affirmation**

**Resolved is to reduce by mental analysis**, Random House 11 (http://dictionary.reference.com/browse/resolve)

**Should indicates futurity**, OED 11 (http://oxforddictionaries.com/definition/should?region=us)

**USFG = the people**

Howard, 2005 (Adam, “Jeffersonian Democracy: Of the People, By the People, For the People,” http://www.byzantinecommunications.com/adamhoward/homework/highschool/jeffersonian.html, 5/27)

Ideally, then, under Jeffersonian Democracy, . . . using the power they get from the people.

=== 2AC Predictability/Limits ===
**Limits are impossible**

De Cock 1 (Christian De Cock, Professor of Organizational behaviour, change management, creative problem solving, 2001, “Of Philip K. Dick, reflexivity and shifting realities Organizing (writing) in our post-industrial society” in the book “Science Fiction and Organization”)

'As Marx might have said more generally, . . . (McCloskey, 1994, p. 166). 
=== 2AC Decisionmaking ===
**Their instrumentalization of speed denies absolute futurity in favor of an infinite extension of the present – crushes our ability to cope with social acceleration critically**

Hassan 9 (Robert Hassan, ARC Senior Research Fellow, Media and Communications at University of Melbourne, “Pathologies of Speed” in Empires of Speed: Time and the Acceleration of Politics and Society, pub. BRILL, 2009)

Critical thinking, or critical reason, functions . . . , the less we are aware of it.

**That strips our decisiomaking of any ethical value**

Clegg 10 (Sue Clegg, Professor of Higher Educational Research and Head of the Centre for Research into Higher Education, “Time future – the dominant discourse of higher education”, Time and Society 19(3) 345–364, 2010)

This paper explores the ways in which the . . . basis of social life (Archer, 2003).
=== 2AC Simulation ===
**Simulation bad**\\
**__Hoofd ‘9__** Ingrid M. Hoofd, National University of Singapore, Singapore, The Neoliberal Consolidation of Play and Speed: Ethical Issues in Serious Gaming, 2009, http://citeseerx.ist.psu.edu/viewdoc/download?doi=10.1.1.134.5365&rep=rep1&type=pdf
I would claim that Armitage’s assessment of accelerated . . . the function and logic of serious gaming.

==== 2AC Baudrillard ====
**The critique of simulation nostalgically assumes that there was some more authentic real, thus giving up the struggles to effect the meaning of the real in the symbolic, namely politics itself. They’re criticism produces the existing ideology by mimicing the assumption that it’s all there is, like the triumphant capitalist who says that whatever problems capitalism may have, there’s no alternative so we have to learn to live within capitalism, not struggle to escape it. Their criticism doesn’t question ideolgy and simulation, it strengthens it**

Donahue, Department of English at Gonzaga University, 2001 [Brian, “Marxism, Postmodernism, Žižek,” Postmodern Culture (12.2), project muse]
Simulacrum, Superego, Lacanian Ethics, and the Problem of Evil
According to Zizek, theorists of postmodern society . . . rather nothing more than blank, unreflective enjoyment.

**Fatal strategies are political aquiescence—they should be rejected—uniquely true in the context of debate and education**

Waddington ‘11 (David, Dept. of Education @ Concordia, “Review of Trevor Norris, Consuming Schools Commercialism and the End of Politics”, Stud Philos Educ (2011) 30:85-92)
Norris does excellent work summarizing Baudrillard’s fairly wide. . . especially true as far as  education is concerned.

**They concede meaning intersubjective **
Critchley 12 (Simon Critchley, Hans Jonas Professor of Philosophy at the New School for Social Research, 2012, “Introduction: Wilde Christianity” in The Faith of the Faithless: Experiments in Political Theology)
	
It is the phrase, “Everything to . . . , and is framed by two brief parables. 

**They’re wrong about information—politics is just different, not entirely impossible—we must mobilize new public sphere**

Axford et al, ’97 (Barrie, and Richard Huggins are Lecturers at the Department of Politics, School of Social Sciences, Oxford Brookes University, “ANTI-POLITICS OR THE TRIUMPH OF POSTMODERN POPULISM IN PROMOTIONAL CULTURES?” The Public, Vol. 4.3)
Nevertheless, it is clear that these ideas . . . deviation from more authentic verbal and written cultures.
	
**Baudrillard’s critique of simulation functions from the position of paranoid knowledge: by claiming that everything is just another aspect of symbolization the only option left open to us (and the one that they affirm) is to narcisstically play within the logic of a simulated world. Rejecting that the knowledge of all things and all others is impossible is key to a non-totalitarian politics**

Flieger, Professor of French and Comparative Literature at Rutgers University, 1996 [Jerry Aline, “The Listening Eye: Postmodernism, Paranoia, and the Hypervisible,” Diacritics 26.1 (1996) 90-107, project muse] 
Indeed, as regards knowledge, a little . . . the inhuman objectivity, as every paranoid knows.

==== 2AC Unitary Executive Good ====
**They are wrong about everything**

Bernstein et al. 2k (Steven Bernstein, Associate Professor of Political Science at the University of Toronto, Richard Ned Lebow, James O. Freedman Presidential Professor of Government, Emeritus at Darthmouth University and Professor of War Studies, King's College London, Janice Gross Stein, member of the Order of Canada and the Royal Society of Canada, University Professor of Political Science at the University of Toronto, director of the Munk School of Global Affairs at the University of Toronto and Associate Chair and Belzberg Professor of Conflict Management and Negotiation, and Steven Weber, professor at the School of Information and the Department of Political Science at the University of California, Berkeley. He holds an M.D. and a Ph.D in political science from Stanford University. “God Gave Physics the Easy Problems: Adapting Social Science to an Unpredictable World”, European Journal of International Relations 2000 6:43 DOI:10.1177/1354066100006001003)

Many of the scholars responsible for the behavioral . . . ones, is difficult, and often impossible.

**Hegemony only exists in Kagan’s mind – system is de-centralized, applying hegemonic mythology to policy causes blowback and destroys cooperation**

Doran 9 (Charles F., Andrew W. Mellon Prof. of International Relations, Director of the Global Theory and History Program, Director of the Center for Canadian Studies @ Johns Hopkins U., “Fooling Oneself: The Mythology of Hegemony” International Studies Review, Vol. 11.1)

More than a catalogue of techniques other governments . . . self-enforcing, and self-sufficient.

**Hegemonic retrenchment’s key to avoid great power war**

Monteiro 12 (Nuno P. Monteiro, Assistant Professor of Political Science at Yale University, “Unrest Assured: Why Unipolarity is Not Peaceful,” International Security, Winter 2012, Vol. 36, No. 3, p. 9-40)

From the perspective of the overall peacefulness of . . . unparalleled relative power requires unequaled self-restraint.

**The re-orientation of enmity towards cynegetic power converts contemporary governance into infinite hunting – endlessly piling up bodies, killing beyond the point of death	**

Debrix & Barder ’12 (François, Professor of Political Science @ Virginia Tech, Director of the Alliance for Social, Political, Ethical, and Cultural Thought, and Alexander, Dept. of Political Science @ American U. of Beirut, Beyond Biopolitics: Theory, violence, and horror in world politics, pp. 107-109)
Massumi notes that "[t]he enemy . . . (l'epars), as Chamayou puts it.70


**Asserting hegemony is a response to the evacuation of concrete political distinctions by political and economic globalization – an endless string of enemy creation, permanent development of the globe, and conversion of politics to policing. You may be right that hegemony isn’t collapsing, but it’s only because the affirmative’s politics dooms America to winning a permanent war of attrition **

Galli ‘10 (Carlo, Professor of Political Philosophy @ U. of Bologna, Politics Spaces and Global War, trans. Adam Sitze, pp. 175-179)
Of course, even if there is no . . . Shadow, in an immediate and unthinking way.
==== 2AC Invisible Committee K ====
**Perm do both – communicative intervention should take place alongside everyday practices**

Connolly 2 (William E. Connolly, Krieger-Eisenhower Professor of Political Science at Johns Hopkins University, July 24, 2002, “Time and Democracy” in Neuropolitics: Thinking, Culture, Speed)

In a brilliant little essay titled “What . . . of democracy becomes translated into fascist becoming machines. 

**Fatal strategies are political aquiescence—they should be rejected—uniquely true in the context of debate and education**

Waddington ‘11 (David, Dept. of Education @ Concordia, “Review of Trevor Norris, Consuming Schools Commercialism and the End of Politics”, Stud Philos Educ (2011) 30:85-92)
Norris does excellent work summarizing Baudrillard’s fairly wide. . . especially true as far as  education is concerned.
==== 2AC Word K ====
**The negative’s emphasis on the pre given CONTENT of our words over the EXPRESSION of their context prevents an understanding of language-as-becoming. Destroys the possibility for emancipatory**

Stevenson, 2k9 (Frank, Dept. English, National Taiwan Normal University, “Stretching Language to Its Limit: Deleuze and the Problem of Poeisis”,  Concentric: Literary and Cultural Studies 25.1)

Lecercle ends his book with a discussion of . . . : the two stutterings. (Essays 110)
==== 2AC PGS CP ====

**The so-called Prompt Global Strike seems like other technologies – but its intrinsic accident is global. Two factors make the PGS unique:**

**A. It renders the entire world as part of a single entity, reachable instantaneously. The entire world becomes a battlefield. The battlefield becomes the countdown.**

**B. It eliminates all reaction times to combat, drastically increasing the risk of use and conflict**

Bormann ‘9 [“The lost dimension? A spatial reading of US weaponisation of space” in Securing Outer Space, ed. Bormann and Sheehan.  Natalie Bormann – Department of Politics, Northeastern University]
How does this matter? I argue that the task of tracing these constructions of spatiality, . . .  action drawn from that control over that space. 

====2AC Cyberdeterrence DA====
**Cyber Deterrence theory is wrong—Absent the plan, cyber offense causes the next world war.**\\
**__CSM 11__**, Christian Science Monitor (3/7, Mark Clayton, The new cyber arms race, www.csmonitor.com/USA/Military/2011/0307/The-new-cyber-arms-race)

The new cyber arms race Tomorrow's wars will . . . -formed, undeveloped, and highly uncertain.”

**Deterrence fails and can’t solve terrorists**\\
**__Kramer 12__** [Franklin D. Kramer is a distinguished research fellow in the Center for Technology and National Security Policy at the National Defense University. He served as the assistant secretary of defense for international security affairs from 1996 to 2001. Stuart H. Starr is also a distinguished research fellow in the Center for Technology and National Security Policy at the National Defense University. He concurrently serves as the president of the Barcroft Research Institute. Larry Wentz is a senior research fellow in the Center for Technology and National Security Policy at the National Defense University., “Cyberpower and National Security”, p. 318]

No cyber deterrence strategy can hope to be . . . the logic of deterrence had lost its relevance.

**Deterrence wrong**\\
**__Bernstein et al. 2k__** (Steven Bernstein, Associate Professor of Political Science at the University of Toronto, Richard Ned Lebow, James O. Freedman Presidential Professor of Government, Emeritus at Darthmouth University and Professor of War Studies, King's College London, Janice Gross Stein, member of the Order of Canada and the Royal Society of Canada, University Professor of Political Science at the University of Toronto, director of the Munk School of Global Affairs at the University of Toronto and Associate Chair and Belzberg Professor of Conflict Management and Negotiation, and Steven Weber, professor at the School of Information and the Department of Political Science at the University of California, Berkeley. He holds an M.D. and a Ph.D in political science from Stanford University. “God Gave Physics the Easy Problems: Adapting Social Science to an Unpredictable World”, European Journal of International Relations 2000 6:43 DOI:10.1177/1354066100006001003)

Many of the scholars responsible for the behavioral . . . ones, is difficult, and often impossible.

**Conceiving of “cyberspace” as another warfighting theater perverts military policy**\\
**__Libicki 12__** (Martin, senior management scientist at the RAND Corporation. Focusing on the impacts of information technology on domestic and national security, “Cyberspace Is Not a Warfighting Domain,” Journal of Law and Policy for the Information Society. Vol.8, Issue 2, http://moritzlaw.osu.edu/students/groups/is/files/2012/02/4.Libicki.pdf)

In the beginning was the land domain; . . . having been elevated into a separate domain.

** No Impact to attack**\\
**__Lewis 06__** (James, Director and Senior Fellow, Technology and Public Policy Program at CSIS, “Cybersecurity and Critical Infrastructure Protection,”
http://csis.org/files/media/csis/pubs/0601_cscip_preliminary.pdf)

Determining the importance of cybersecurity for critical infrastructure . . . widening conflict in exchange for very little benefit.

====2AC Accelerationism K====
**Perm do both**\\
**__Williams & Srnicek 13__** (Alex, PhD student at the University of East London, presently at work on a thesis entitled 'Hegemony and Complexity', Nick, PhD candidate in International Relations at the London School of Economics, Co-authors of the forthcoming Folk Politics, 14 May 2013, http://criticallegalthinking.com/2013/05/14/accelerate-manifesto-for-an-accelerationist-politics/

15. We do not present any par¬tic¬u¬lar . . . to incul¬cate, embody and spread them.

**Permutation solves best – manifesto form was political, in reality we need to combine political styles**\\
**__Srnicek ’13__** (Nick, “#Celerity: A Critique of the Manifesto for an Accelerationist Politics” http://speculativeheresy.wordpress.com/2013/05/14/celerity-a-critique-of-the-manifesto-for-an-accelerationist-politics/)
It should be emphasised though that “#Accelerate. . . to discover what works in practice.
	
**They are Vanguardism that leads to revolutionary violence and failed politics – we need to couple subjectivity shift with broader politics**\\
**__Deterritorial Investigations Unit ’13__** (“New Accelerationism and Imperial Protocol” http://deterritorialinvestigations.wordpress.com/2013/05/19/new-accelerationism-and-imperial-protocol/)
I think that [there] are some . . . ,” there might be cause to be wary.

**The negative can only be a thought experiment – there aren’t material conditions for their acceleration, so the aff’s rift is key**\\
**__Wark ’13__** (Mackenzie, Prof. of Culture and Media Studies @ The New School, “#Celerity: A Critique of the Manifesto for an Accelerationist Politics”)
2.1 To begin with: while . . . There’s always points that can be prized open.


**Temporal analysis first**\\
**__Hickman ’13__** (Steven Craig, Philosopher and poet, “Posthuman Accelerationism,” http://darkecologies.com/2013/06/17/posthuman-accelerationism/#more-6083)

Wolfendale tells us that what accelerationsism is most . . . and living, that of reality itself?

**Revolution bad**\\
**__Adams 3__** (Jason Adams, M.A. candidate in political science at Simon Fraser University, 2003, “Popular Defense in the Empire of Speed: Paul Virilio and the Phenomenology of the Political Body,” Thesis, http://www.academia.edu/attachments/2058093/download_file

Even this statement ought not be taken at . . . become an obligation to mobility".[207] 
====2AC Rights Malthus====

**No guarantee authoritarian state would be ecological**\\
**__Paehlke 5__** (Robert Paehlke, Professor and Chair, Environmental and Resource Studies Program, Trent University, 2005, “Democracy and Environmentalism: Opening a Door to the Administrative State?” in Managing Leviathan: Environmental Politics and the Administrative State, edited by Robert Paehlke and Douglas Torgerson, pp. 26-27)
	
Writing at about the same time as Heilbroner . . . empowerment with enhanced participation and openness.8 

**Empirically, centralization causes ecological degradation and democratization increases ecological concern**\\
**__Payne 95__** (Payne, assistant professor of political science at the University of Louisville, 1995 [Rodger A., “Freedom and the Environment,” Journal of Democracy 6.3 (1995) 41-55, muse]

In articulating their support for global democratization, . . . allowed greater expression of ecological concerns. 6

**Authoritarianism gets co-opted – democracy key**\\
**__Paehlke 5__** (Robert Paehlke, Professor and Chair, Environmental and Resource Studies Program, Trent University, 2005, “Democracy and Environmentalism: Opening a Door to the Administrative State?” in Managing Leviathan: Environmental Politics and the Administrative State, edited by Robert Paehlke and Douglas Torgerson, pp. 37-39)

In sharp contrast to the theoretical views noted . . . continuous enhancement of opportunities for democratic participation.

**No impact to enviro **\\
**__Sagoff 97__**  Mark, Senior Research Scholar – Institute for Philosophy and Public policy in School of Public Affairs – U. Maryland, William and Mary Law Review, “INSTITUTE OF BILL OF RIGHTS LAW SYMPOSIUM DEFINING TAKINGS: PRIVATE PROPERTY AND THE FUTURE OF GOVERNMENT REGULATION: MUDDLE OR MUDDLE THROUGH? TAKINGS JURISPRUDENCE MEETS THE ENDANGERED SPECIES ACT”, 38 Wm and Mary L. Rev. 825, March, L/N
Note – Colin Tudge - Research Fellow at . . . . The most valuable things are quite useless.

**What is nature?**\\
Jean **__Baudrillard__**, Professor of Sociology and Philosophy @ Multiple universities, 2007, “Darwin’s Artificial Ancestors and the Terroristic Dream of the Transparency of the Good” International Journal of Baudrillard Studies Volume 4, number 2 
All this has been brought about by the . . . the sacrificing of the species to boundless experimentation.
====2AC Natives====
**Aff is a better method to solve**\\
**__Bignall 10__** (Simone Bignall, Vice-Chancellor's Postdoctoral Research Scholar in Philosophy at UNSW, “Introduction” in Postcolonial Agency: Critique and Constructivism

Critiques of colonialism and of associated forms of . . . my home society: post-colonial Australia. 

**Minor politics good**\\
**__Thoburn 6__** (Nicholas Thoburn is a lecturer in the School of Social Sciences at the University of Manchester. 2006, “Vacuoles of Noncommunication: Minor Politics, Communist Style and the Multitude” in Deleuze and the Contemporary World, pub. Edinburgh University Press)

In an interview first published in 1990, . . . (Guattari 1995: 37–8) 

**Land claims are not the first priority because they presume a static Native identity in opposition to whites—our project is a deconstruction of the identity oppositions that were the condition of possibility for colonization in the first place**\\
**__PULITANO 2003__** (Elvira, Asst Prof English at U of Geneva, Toward a Native American Critical Theory, p. 171-173)
Translated into a Native American context, Derrida's . . . learn new ways of reading and thinking.

**Their uncritical demand for native sovereignty transplants Western politics to indigenous terms – aff is a comparatively better strategy**\\
**__Kahn 10__** (Richard Kahn, Assistant Professor of Educational Foundations and Research at the University of North Dakota, Critical Pedagogy, Ecoliteracy, & Planetary Crisis: The Ecopedagogy Movement, 2010, pp. 118-120)
As I have argued in this chapter, . . . and small, human and nonhuman alike.


**Tying identity to land reinforces the topography of power—it essentializes identity and attaches it to discrete territorial units, repeating the very logic of the nation-state **\\
**__Gupta and Ferguson 92__**. (Akhil, Department of Anthropology, Stanford University; James, Department of  Anthropology, University of California, Irvine; “Beyond ‘Culture’: Space, Identity, and the Politics of Difference”,  Cultural Anthropology 7.1 page 6-7, JSTOR.) 

Representations of space in the social sciences are . . . its cultural construction as a community or locality.

====2AC Vermont BB====

**Our understanding of agency**\\
**__Bignall 10__** (Simone Bignall, Vice-Chancellor's Postdoctoral Research Scholar in Philosophy at UNSW, “Introduction” in Postcolonial Agency: Critique and Constructivism

Critiques of colonialism and of associated forms of . . . my home society: post-colonial Australia. 

**Nuclear family card**\\
**__German ‘6__** (Lindsey, convenor of the British anti-war organisation Stop the War Coalition and a former member of the central committee of the Trotskyist Socialist Workers Party. She was editor of Socialist Review for twenty years until 2004. She has twice stood as a left wing candidate for Mayor of London,  “Theories of Patriarchy,” http://www.isj.org.uk/?id=240, VR)
So what keeps the family going today? . . . to behave as equals in a new society.

**A geneaology of their K: The reduction of the erotic to the production of social utility created the conditions of possibility for the erotic to be marginalized and disciplined—a critique of speed is a critique of this logic, and therefore a precondition to the liberation of eros**\\
**__Bataille 65__**
Eroticism fell within … l considerations gained in importance.
	
**Without questioning the Empire of Speed, their transgressive politics is absorbed right back into the capitalist economy**\\
**__Botting ‘4__** (Fred, Professor of English Literature, Department of English @ U. of Keele, “fcuk Speed” Culture and Organization, Vol. 10.1, p. 44)
The focus on signification offers a different understanding . . . the ‘anything goes’ eclecticism of postmodern practice.


**The desire to fix identity in the body reproduces the worst forms of violence—by definition, all difference becomes a threat to be exterminated when race becomes singular, inevitable, and material**\\
Paul **__Gilroy__**, 2000, Professor at London School of Economics, Against Race: Imagining Political Culture Beyond the Color Line, 102-106

We will explore below ultranationalist and fascist movements . . . of this dismal logic: separation and slaughter.
====2AC Wake DL====
**Only problematizing a teleological reading of feminism can escape the imperialist tendencies of constructing a universal identitarian politics**\\
**__Hutchings 8__** (Kimberly Hutchings, Professor and Department Head of International Relations at the London School of Economics and Political Science, 2008, “Thinking the present” in Time and world politics: thinking the present, Manchester University Press)

Feminist sensitivity to the problems of dominant ways . . . 'human', 'woman', 'subaltern' or 'third world'.

**Castration bad political strategy**\\
**__Sharpe 1 __**(Matthew Sharpe, Lecturer in Philosophy & Psychoanalytic Studies at Deakin University, Australia, 2001, “Jacques Lacan (1901-1981)” http://www.iep.utm.edu/lacweb/#SH4b

What follows from this is the position that . . . are implicated in how the scene appears.

**The permutation is net beneficial—only the reoccupation of the master’s discourse from multiple sites of oppression can solve**\\
**__Butler__**, Professor of Rhetoric at Berkeley, 2004 [Judith, “Bodies That Matter,” Engaging with Irigaray, Ed. Burke, Schor, Whitford, p.p. 164-165]
Significantly, this prohibition emerges at the site . . . —the exclusions by which we proceed.

**The critique’s approach to sexual difference is totalizing—only by analyzing the articulation of sexual difference among other vectors of domination such as race and class can we preclude the critique from becoming essentialist**\\
**__Winnubst__**, Assistant Professor of Philosophy at Southwestern, 1999 [Shannon, “Exceeding Hegel and Lacan: Different Fields of Pleasure within Foucault and Irigaray,” Hypatia 14.1, muse]

Simultaneously, bringing Foucault's rich sense of historical . . . and articulate the differences within our different lives.

**Their authors’ assumption of sexual difference as a universal ordering category transposes Western binary thinking onto non-Western societies where social categories of man and woman are not primarily ordering. This “body reasoning” is constructed by and constructs Western dominance.**\\
**__Oyewumi 97__** Oyeronke Oyewumi, Associate Professor of Sociology, SUNY Stony Brook, The Invention of Women Making an African Sense of Western Gender Discourses, University of Minnesota Press, 1997

INDISPUTABLY, gender has been a fundamental . . .  West’s global material dominance.
	
**Their critique of phallocentrism is incomplete and irredemably violent insofar as it relies on a problematic universalization of the two sex archetypes as analytic categories – subordinates other forms of differentiation and non-binary gender identities.**\\
**__Rakes 13__** – (2013, Heather, PhD, Assistant Professor Women's and Gender Studies Schmitt Academic Center, DePaul University, “Toward a Theoretico-practical Accountability to Difference and Relationality,” Disability Studies Quarterly, http://dsq-sds.org/article/view/3873/3409)

My point of departure for this essay is . . . think we belong, and with whom.

**The trans, black, disabled, and deviant body poses an inescapable problem for the affirmative and exposes the implicit fear with which the 1AC was constructed – liminal gender identities don’t occpy an in-between space but rather a zone of their own – challenging sexism DOES NOT and SHOULD NOT require acceptance of other oppressions.**\\
**__Koyama 06__** – (2006, Emi, multi-issue social justice activist/writer/rogue intellectual, author of a dope blog, you should really check it out, “WHOSE FEMINISM IS IT ANYWAY? THE UNSPOKEN RACISM OF THE TRANS INCLUSION DEBATE,” available online, a version of this article has been published in The Transgender Studies Reader (2006, Routledge), ed. by Susan Stryker and Stephen Whittle)

The kind of threat I am talking about . . . discussions about power, privilege and oppression.

===== Shaub Aff =====
====1AC====
**Where did indefinite detention come from?**\\

**In the wake of 9/11, the Bush Administration created a juridical category both new and old: the “unlawful enemy combatant.” This category drew not just upon the legacy of Ex parte Quirin but the discursive structures that underpinned it to create an individual who could be justly detained.**\\

**Today, the juridical justification for detention authority draws on unscrutinzed énoncés of post-9/11 discourse: concepts like “war” and “national security” are being stretched to their breaking point **\\
**__Shaub 11__** (Jonathan David Shaub, J.D., Northwestern University School of Law, 2011; M.A., English, Belmont University, 2010; B.A., Philosophy and Religious Studies, Vanderbilt University, 2003, now a Bristow Fellow at the Office of the Solicitor General, “A Foucauldian Call for the Archaeological Excavation of Discourse in the Post-Boumediene Habeas Litigation,” Spring, 2011 Northwestern University Law Review, 105 Nw. U.L. Rev. 869

I. The Post-9/11 . . . what Foucault calls a "discursive formation."

**This discursive formation operationalizes the unrestrained exercise of presidential war powers – the executive can define the boundaries of meaning, making any limitation on detention power impossible **\\
**__Shaub 11__** (Jonathan David Shaub, J.D., Northwestern University School of Law, 2011; M.A., English, Belmont University, 2010; B.A., Philosophy and Religious Studies, Vanderbilt University, 2003, now a Bristow Fellow at the Office of the Solicitor General, “A Foucauldian Call for the Archaeological Excavation of Discourse in the Post-Boumediene Habeas Litigation,” Spring, 2011 Northwestern University Law Review, 105 Nw. U.L. Rev. 869

B. The D.C. District . . . the meaning of the text and the discourse.

**Discourse creates the conditions of possibility for meaning – leaving the post-9/11 discursive formation uninterrogated guarantees its hegemony**\\
**__Shaub 11__** (Jonathan David Shaub, J.D., Northwestern University School of Law, 2011; M.A., English, Belmont University, 2010; B.A., Philosophy and Religious Studies, Vanderbilt University, 2003, now a Bristow Fellow at the Office of the Solicitor General, “A Foucauldian Call for the Archaeological Excavation of Discourse in the Post-Boumediene Habeas Litigation,” Spring, 2011 Northwestern University Law Review, 105 Nw. U.L. Rev. 869

C. Post-9/11 Discourse . . . excavation of discourse, most have not.

**That leads to a hypermasculinist-orientalist nexus of power and knowledge that demonizes the Other in an attempt to reconstitute subjectivity after 9/11**\\
**__Nayak 6__** (Meghana Nayak, Associate Professor at Pace University, “Orientalism and ‘saving’ US state identity after 9/11”, International Feminist Journal of Politics Volume 8, Issue 1, 2006, DOI:10.1080/14616740500415458

The attacks on the World Trade Center and . . . the desperate attempts to save the Self.

**This orientalist pathology leads to extinction**\\
**__Batur 7__** [Pinar Batur, PhD @ UT-Austin – Prof. of Scociology @ Vassar, ‘7 [“The Heart of Violence: Global Racism, War, and Genocide,” in Handbook of the The Soiology of Racial and Ethnic Relations, eds. Vera and Feagin, p. 446-7]

At the turn of the 20th century, . . . opened up with genocide, in Darfur.

**It also guarantees endless war against imagined enemies foreign and domestic**\\
**__Jabri 6__** (Vivienne Jabri, Professor in the Department of War Studies at King’s College London, 2006, “War, Security and the Liberal State”, Security Dialogue, Vol. 37, No. 1, p. 52-55)

The practices of warfare taking place in the . . . power that take life as their objective’.

**Discourse also determines the allocation of authority between the branches of government in the context of detention – even if the current institutional arrangement is good, we have ceded our authority to even make that decision**\\
**__Shaub 11__** (Jonathan David Shaub, J.D., Northwestern University School of Law, 2011; M.A., English, Belmont University, 2010; B.A., Philosophy and Religious Studies, Vanderbilt University, 2003, now a Bristow Fellow at the Office of the Solicitor General, “A Foucauldian Call for the Archaeological Excavation of Discourse in the Post-Boumediene Habeas Litigation,” Spring, 2011 Northwestern University Law Review, 105 Nw. U.L. Rev. 869

3. Post-9/11 Enonces and Complementary Space. - Finally, the . . .  Note calls for the same solution: archaeology.
		
**Only an archaeological excavation can address the limits of executive war powers authority on indefinite detention**\\
**__Shaub 11__** (Jonathan David Shaub, J.D., Northwestern University School of Law, 2011; M.A., English, Belmont University, 2010; B.A., Philosophy and Religious Studies, Vanderbilt University, 2003, now a Bristow Fellow at the Office of the Solicitor General, “A Foucauldian Call for the Archaeological Excavation of Discourse in the Post-Boumediene Habeas Litigation,” Spring, 2011 Northwestern University Law Review, 105 Nw. U.L. Rev. 869

II. The Judicial Role in Habeas Litigation . . . the D.C. district courts.

**This archaeology requires the suspension of the self-legitimating unity of post-9/11 énoncés: this is a prerequisite to debate on this issue. A legal excavation is uniquely key.**\\
**__Shaub 11__** (Jonathan David Shaub, J.D., Northwestern University School of Law, 2011; M.A., English, Belmont University, 2010; B.A., Philosophy and Religious Studies, Vanderbilt University, 2003, now a Bristow Fellow at the Office of the Solicitor General, “A Foucauldian Call for the Archaeological Excavation of Discourse in the Post-Boumediene Habeas Litigation,” Spring, 2011 Northwestern University Law Review, 105 Nw. U.L. Rev. 869

IV. An Archaeology of the Post-. . . relies on unexamined enonces to support his arguments.

**A discursive analysis must come FIRST – otherwise constructing a new separation of powers is impossible**\\
**__Shaub 11__** (Jonathan David Shaub, J.D., Northwestern University School of Law, 2011; M.A., English, Belmont University, 2010; B.A., Philosophy and Religious Studies, Vanderbilt University, 2003, now a Bristow Fellow at the Office of the Solicitor General, “A Foucauldian Call for the Archaeological Excavation of Discourse in the Post-Boumediene Habeas Litigation,” Spring, 2011 Northwestern University Law Review, 105 Nw. U.L. Rev. 869

This Note contends that judges in the Guantanamo . . . province and duty of the judicial department." n277

====Plan====
**Plan: The United States federal judiciary should conduct a discursive archaeological excavation restricting the war powers authority of the President of the United States in the area of indefinite detention.**

====AT: Obama Circumvents====
**Clear statement requirement solves- no circumvention**\\
**__Landau 9__** (Joseph, Associate-in-Law, Columbia Law School. MUSCULAR PROCEDURE: CONDITIONAL DEFERENCE IN THE EXECUTIVE DETENTION CASES Washington Law Review Vol. 84:661, 2009)

The executive detention cases of the past several . . . imposed standard requiring lucid, intelligible procedures.

**Executives follow court decisions**\\
**__Bradley and Morrison 13__** (Curtis, Professor of Law, Duke Law School, and Trevor, Professor of Law, Columbia Law School , “Presidential Power, Historical Practice, And 
Legal Constraint” Duke Law Scholarship Repository, . . . to law (or judicial review).120

**Lack of perfect enforcement doesn’t mean law can’t constrain**\\
**__Bradley and Morrison 13__** (Curtis, Professor of Law, Duke Law School, and Trevor, Professor of Law, Columbia Law School , “Presidential Power, Historical Practice, And 
Legal Constraint” Duke Law Scholarship Repository)  . . . not by itself negate the importance of law.
====AT: Congress Circumvents====

**Empirically denied**\\
Adam **__Litpak__** (Writer for the New York Times) August 20, 2012 “In Congress’s Paralysis, a Mightier Supreme Court” http://www.nytimes.com/2012/08/21/us/politics/supreme-court-gains-power-from-paralysis-of-congress.html
 The Supreme Court does not always have . . . word, on what a statute means.” 

====2AC Framework====
**Counterinterp: excavation is affirmation**

**Resolved is to reduce by mental analysis**, **__Random House 11__** (http://dictionary.reference.com/browse/resolve)

**Should indicates futurity**, **__OED 11__** (http://oxforddictionaries.com/definition/should?region=us)

**USFG = the people**\\
**__Howard, 2005__** (Adam, “Jeffersonian Democracy: Of the People, By the People, For the People,” http://www.byzantinecommunications.com/adamhoward/homework/highschool/jeffersonian.html, 5/27)

Ideally, then, under Jeffersonian Democracy, . . . using the power they get from the people.

**Jurisprudential theory first**\\
**__Hon 9__** (Hon (LLM & SJD from Harvard Law; Associate Professor of Law at Singapore Management University Tan Seow, Teaching legal ideals through jurisprudence, The Law Teacher, Vol. 43, Iss. 1, 2009)

In relation to the first, legal education . . . teachers have not experienced sufficient ethical dilemma. 38

====2AC OLC====
**Courts key**\\
**__Eviatar 10__** (Daphne- Senior Associate in Human Rights First’s Law and Security Program, June 10, “Judges to Congress: Don't Legislate Indefinite Detention”, http://www.huffingtonpost.com/daphne-eviatar/judges-to-congress-dont-l_b_607801.html)

For months now, certain commentators and legislators . . . a clear and reliable statement of the law.


**Especially true with Obama and OLC**\\
Jacob **__Sullum__**, senior editor, Reason, “War Counsel: Obama Shops for Libya Advice that Lets Him Ignore the Law,” TOWNHALL, 6—22—11, http://townhall.com/columnists/jacobsullum/2011/06/22/war_counsel_obama_shops_for_libya_advice_that_lets_him_ignore_the_law/page/full/

During the Bush administration, when the Justice . . . bother with the War Powers Resolution's time limits."

**Obama doesn’t care**\\
**__Posner 11__**  - Kirkland & Ellis Professor, University of Chicago Law School (Eric A. Posner, “Deference To The Executive In The United States After September 11: Congress, The Courts, And The Office Of Legal Counsel”, http://www.harvard-jlpp.com/wp-content/uploads/2012/01/PosnerFinal.pdf) 

In the early years of the Bush Administration. . . that the OLC enables rather than constrains. 


**Constraint is meaningless**\\
**__HARVARD LAW REVIEW__**, “Developments in the Law: Presidential Authority,” v. 125, 2012, p. 2089-2090.

The recent history of signing statements demonstrates how . . . and perhaps public opinion, will tell.

**Bureaucracy prevents implementation of an executive order**\\
**__Rosenberg 12__** (Carol, 1-9-12, "Congress, rules keep Obama from closing Guantanamo Bay" The Miami Herald) www.mcclatchydc.com/2012/01/09/135179/congress-rule-keep-obama-from.html#.UjXQNcasiSo

Lastly, Obama’s executive order to close Guantánamo . . . is the place that Obama cannot close.

**CP links to politics more**\\
Billy **__Hallowell 13__**, writer for The Blaze, B.A. in journalism and broadcasting from the College of Mount Saint Vincent in Riverdale, New York and an M.S. in social research from Hunter College in Manhattan, “HERE’S HOW OBAMA IS USING EXECUTIVE POWER TO BYPASS LEGISLATIVE PROCESS” Feb. 11, 2013, http://www.theblaze.com/stories/2013/02/11/heres-how-obamas-using-executive-power-to-bylass-legislative-process-plus-a-brief-history-of-executive-orders/
“In an era of polarized parties and . . . complaints coming from the incumbent president’s opponents.”

**Executive orders are not enforced and will get rolled back**\\
Richard **__Wolf__**, citing Paul Light, professor of public service, “Obama Uses Executive Powers to Get Past Congress,” USA TODAY, 10—27—11, www.usatoday.com/news/washington/story/2011-10-26/obama-executive-orders/50942170/1, accessed 7-18-12.

On all three initiatives, Obama used his . . . Generally speaking, it's more symbolic than substantive."
====2AC Executive Good====
**No spillover, also plan INCREASES the clarity of deference doctrine by investigating epistemic authority**\\
**__Berger 11__** (ERIC BERGER, Assistant Professor of Law, University of Nebraska College of Law, 2011 “INDIVIDUAL RIGHTS, JUDICIAL DEFERENCE, AND ADMINISTRATIVE LAW NORMS IN CONSTITUTIONAL DECISION MAKING” BOSTON UNIVERSITY LAW REVIEW" [Vol. 91:2029]

The theory presented here also has the advantage . . . by practicing what they have preached.
	
**A discursive analysis must come FIRST – otherwise constructing a new separation of powers is impossible**\\
**__Shaub 11__** (Jonathan David Shaub, J.D., Northwestern University School of Law, 2011; M.A., English, Belmont University, 2010; B.A., Philosophy and Religious Studies, Vanderbilt University, 2003, now a Bristow Fellow at the Office of the Solicitor General, “A Foucauldian Call for the Archaeological Excavation of Discourse in the Post-Boumediene Habeas Litigation,” Spring, 2011 Northwestern University Law Review, 105 Nw. U.L. Rev. 869

This Note contends that judges in the Guantanamo . . . duty of the judicial department." n277
	
**No unique link – past liberal detention cases**\\
**__Bejesky 13__** (Robert, The author has taught international law courses for the Department of Political Science at the University of Michigan, American Government and Constitutional Law courses for Alma College, and business law courses at Central Michigan University and the University of Miami, “Dubitable Security Threats and Low Intensity Interventions as the Achilles' Heel of War Powers,” 32 Miss. C. L. Rev. 9, lexis)
The judiciary is not reluctant to become involved . . . Chief as it relates to treaty interpretation. 474

**Those slayed deference**\\
**__Buchanan 13 __** (Bruce, Government professor @ UT Austin, Presidential Power and Accountability: Toward a Presidential Accountability System, Routledge, pgs. 44-6)

The mixed signals of Youngstown aside, judicial . . . constitute a latent threat to Court legitimacy.


**Court expertise is sufficient—their link is blown out of proportion**\\
**__Knowles 9__** [Spring, 2009, Robert Knowles is a Acting Assistant Professor, New York University School of Law, “American Hegemony and the Foreign Affairs Constitution”, ARIZONA STATE LAW JOURNAL, 41 Ariz. St. L.J. 87]
A common justification for deference is that the . . . ever-increasing abdication of their role.?
====2AC Debt Ceiling Politics====
**Uniqueness overwhelms the link**\\
**__Bloomberg 10-1__** (Roxana Tiron et al,- Washington Correspondent for Bloomberg, former staff reporter for the Hill focusing on defense “Government Shutdown Begins as Deadlocked Congress Flails”)
The U.S. government began its . . . LLC, a former top aide to Reid. 

**Congress not key**\\
**__Posner 9-30__** (Eric,- Professor of Law at the University of Chicago Law School. An editor of The Journal of Legal Studies, he has also published numerous articles and books on issues in international law. He is well-known as the co-author of Terror in the Balance and The Executive Unbound.[2] “On the Debt Ceiling, at Least, Congress Will Blink”)
Barring a compromise with House Republicans, the . . . he can count on Congress to blink. 

**Asia trip**\\
**__Washington Times 10-1__** (“What shutdown? Obama's Asia trip still a go”)
In spite of the government shutdown, President . . . posh tropical resorts would look particularly bad.

**Courts don’t link, their ev about congressional challenge and military authorization**\\
**__Martens 7__** (Alison M. Martens, political science at University of Louisville, 2007 (Perspectives on Politics 5.3) 

The outline of this revised research agenda, . . . interpretive authority to reside with the courts.

**Even if they win a link Obama will bash the court**\\
**__AP 4/5__** (Obama setting up Supreme Court as a campaign issue)

President Barack Obama is laying groundwork to make . . . who wrote a brief supporting the law's constitutionality.


=====Binary Aff=====
====1AC====
**Debate today is marked by a structural conflict. The question of a structural dichotomy between blackness and whiteness dominates discussions, forcing people to rethink their relationship to race and privilege. This binary is a productive one, but it masks a structural silence on the status of other identities that undermines its emancipatory goals**\\
**__Alcoff 3__** (Linda Alcoff, professor of philosophy at CUNY, “LATINO/AS, ASIAN AMERICANS, AND THE BLACK-WHITE BINARY”, The Journal of Ethics 7: 5–27, 2003

It is unlikely that the electoral college will . . . for white union households and the white poor).
	
**This silence smooths over different forms of racism and either discards them as irrelevant or integrates them within the logic of antiblackness. Asians are “whitening” or “assimilating” to whiteness rather than facing distinct problems. This recreates the uncritical universalism of whiteness and makes alleviating certain racial harms impossible.**\\
**__Alcoff 3__** (Linda Alcoff, professor of philosophy at CUNY, “LATINO/AS, ASIAN AMERICANS, AND THE BLACK-WHITE BINARY”, The Journal of Ethics 7: 5–27, 2003

In fact, in Texas not only were . . . . But it leaves everyone else unprotected.25

**The silence bred by the dominance of the black/white binary allows conservative forces to divide and conquer – the model minority myth, the tale of the high-performing Asian who proves that social uplift is possible is a paradigmatic example of a liminal identity being redeployed as a weapon in service of antiblackness**\\
**__Prashad 2__** (Vijay Prashad, George and Martha Kellner Chair in South Asian History and Professor of International Studies, 2002, “Everybody Was Kung Fu Fighting,” pp. 40-46

The moral and political weight of the civil . . . content of their character’’ message than we suspect.

**Vote aff to intervene in the discussion of the black/white binary in debate.**

**Suo is Asian and I am white. The 1AC’s intervention affirms this distinction and centralizes it in the discussion, refusing the countless situations where Harvard BS is referred to as “two whites guys from Harvard.” Deconstructing the black/white binary means neither embracing liberal/multicultural color-blindedness, nor advocating a primordial position of absolute difference between races. Instead it begins from an understanding of race for the complex phenomenon that it is**\\
**__Prashad 2__** (Vijay Prashad, George and Martha Kellner Chair in South Asian History and Professor of International Studies, 2002, “Everybody Was Kung Fu Fighting,” pp. 38-40

The problem of the twenty-first century. . . , values. But more on that later.

**Otherwise, the simplification of the binary begins to reinforce white supremacy in new forms**\\
**__Alcoff 3__** (Linda Alcoff, professor of philosophy at CUNY, “LATINO/AS, ASIAN AMERICANS, AND THE BLACK-WHITE BINARY”, The Journal of Ethics 7: 5–27, 2003

1) The black/white paradigm has . . . ways in which alliances and differences can occur).

**This denies the sort of racial nationalism that asserts authenticity as a justification for exclusion. It affirms the centrality of internal differentiation to understanding identity. If there is any value to debate to begin with, it must start from the presupposition of non-exclusion**\\
**__Prashad 2__** (Vijay Prashad, George and Martha Kellner Chair in South Asian History and Professor of International Studies, 2002, “Everybody Was Kung Fu Fighting,” pp. 64-69

Disenfranchised by white supremacy, many people of . . . that is indeed in some way equal.136

**To understand race as founded in absolute difference plays right into the hands of a civil society bent on smoothing away structural antagonisms through the management of diversity**\\
**__Prashad 2__** (Vijay Prashad, George and Martha Kellner Chair in South Asian History and Professor of International Studies, 2002, “Everybody Was Kung Fu Fighting,” pp. 57-64

These states implicitly recognized the contradictions of social . . . pleas for them on authenticity grounds alone).

====New 1AC Card USC Octas====
**The debate community has been preoccupied for months by a powerful demand for racial justice. After decades of repression, the voices of oppressed people are starting to surface. We support a pedagogy for the liberation of the oppressed, but we are compelled to intervene in this discussion. The debate is being framed by so-called “race teams” and the white supremacist policing disguised as concern for policy debate. This emerging discussion focuses almost entirely on anti-Blackness on the one hand and white supremacy on the other and therefore frames the issue of racial oppression within a Black/white binary. People of color who are neither Black nor white are ignored, nor how women, non-normative sexualities, and those with disability experience unique violence. This affects us directly. Michael Suo is from a Chinese family that immigrated to the United States. He is marked in the American racial code as foreign and Other. Despite this, Harvard BoSu is regularly called “white.” Suo’s racial identity can be strategically ignored. Facebook discussions about minority participation in elims or on panels almost always ignore Asian people of all kinds as if they don’t count—as if they’re white. This fits a larger stereotype of Asians as silent, hard-working, and apolitical, striving to assimilate into whiteness. But the long history of racial oppression in America makes it obvious that this isn’t true—from the brutal disposability of Chinese workers in the nineteenth century through the Yellow Peril, the Chinese Exclusion act, and the murder of Vincent Chin, the myth of the “model minority” coexists with a violent suspicion of Asian otherness. People assume that Suo is being calculating, self-interested, and crafty when we talk about our structural position. This is just a way of saying that he’s “really” white. It also has ominous parallels to the same stereotypes of Asians that got people killed in the LA riots, got Vincent Chin beaten to death, and are used to justify American military imperialism in Asia. As long as the discussion of race stays within a binary, all people of color will be stuck in a white supremacist system.**\\
**__ALCOFF 6__** (Linda Martín Alcoff, Prof of Philosophy at CUNY, Latinos, Asian Americans, and the Black‐White Binary, in Visible Identities: Race, Gender, and the Self, Oxford Scholarship Online)

====2AC v. Towson JR====
Blackness is not the fulcrum of white supremacy. This is an inaccurate and essentialist reading of both history and the present
**__ALCOFF 6__** (Linda Martín Alcoff, Prof of Philosophy at CUNY, Latinos, Asian Americans, and the Black‐White Binary, in Visible Identities: Race, Gender, and the Self, Oxford Scholarship Online)
To say that racism has been modeled on . . . support these claims further in what follows.

Settlerism and the history of US imperial/colonial projects disproves their economic argument
**__HIFI 9__** (Unity and Struggle, anti-racist activist group, On the Origins of Anti-Asian Racism and How We Have Fought Back, May 4, http://gatheringforces.org/2009/05/04/on-the-origins-of-anti-asian-racism-and-how-we-have-fought-back/)
In the United States, racist views of . . . allies and define our enemies within this context.

**Nativism unique form of oppression, not along color lines**\\
**__ALCOFF 6__** (Linda Martín Alcoff, Prof of Philosophy at CUNY, Latinos, Asian Americans, and the Black‐White Binary, in Visible Identities: Race, Gender, and the Self, Oxford Scholarship Online)
What makes all of these diverse examples of . . . , that is differentially distributed among various groups.

**Opacity just means that racial discussions continue in the Black-white binary—it feeds a racist conception of Asians and invisible and docile and ensures that our concerns are ignored**\\
**__Cynthia 2013__** (“AccomodAsians” and the Invisibility of APIAs in Race Discussion,” Oct 23, http://www.ecaasu.org/site/2013/10/accomodasians-and-the-invisibility-of-apias-in-race-discussion/)
Lots of great stuff discussing the Asian American . . . my own expense. Who’s with me?

**Asian-Americans have a presumption of foreignness that can’t be explained by a focus on Black and white—the ongoing War on Terrorism only exacerbates this and makes Asians subject to violence**\\
**__LUGAY 2005__** (Arvin, J.D., University of California, Berkeley School of Law, Book Review: "In Defense of Internment": Why Some Americans Are More "Equal" than Others, 12 Asian L.J. 209)
At what point do the civil liberties protections . . . to deny such groups their civil rights protections.

==== 2AC v. OU CB ====

===2AC Overview===
**Our strategy is not mutually exclusive with theirs. Rejecting competition of oppressions is a prerequisite to liberation.**\\
**__Kim 98__** (Elaine H. Kim, Professor of Ethnic Studies, University of California, Berkeley, “‘At least you’re not black’: Asian Americans in U.S. race relations.” http://maxweber.hunter.cuny.edu/pub/eres/SOC217_PIMENTEL/asians2.pdf

In a society held together by hierarchical arrangements . . . and differences to build bridges to one another.

===AT: Blackness First===
**There is no denying that blackness has a powerful effect, but their interpellation argument goes too far. There are modes of racialization that do not rely on the coding of blackness**\\
**__Almaguer 94__** (Tomás Almaguer, Professor of Ethnic Studies and former Dean of the College of Ethnic Studies at San Francisco State University, 1994, Racial Fault Lines: The Historical Origins of White Supremacy in California, pp. 206-207

This is not to deny that elements of . . . racial and ethnic relations in the Far West.

NO, blackness is not the fulcrum of white supremacy. This is an inaccurate and essentialist reading of both history and the present
**__ALCOFF 6__** (Linda Martín Alcoff, Prof of Philosophy at CUNY, Latinos, Asian Americans, and the Black‐White Binary, in Visible Identities: Race, Gender, and the Self, Oxford Scholarship Online)
To say that racism has been modeled on . . . will support these claims further in what follows.


Erases native genocide, turns aff and relies on a projection of contemporary notions backwards in time which dramatically misunderstands the complexity of history
**__Miller ‘12__** (Joseph, T. Cary Johnson, Jr. Professor of History @ U. of Virginia, [According to Brad’s professor, the world’s foremost historian on global slaving], The Problem of Slavery as History, pp. 126-129)
As it happened, nearly all of the . . . slaving to keep their hands in the game.

Nativism/Color K
**__ALCOFF 6__** (Linda Martín Alcoff, Prof of Philosophy at CUNY, Latinos, Asian Americans, and the Black‐White Binary, in Visible Identities: Race, Gender, and the Self, Oxford Scholarship Online)
What makes all of these diverse examples of . . . , that is differentially distributed among various groups. 
=== AT: Ontological Question===
**__Hudson 13__** (Political Studies Department, University of the Witwatersrand, Johannesburg) 13 (Peter, Social Dynamics (2013): The state and the colonial unconscious, Social Dynamics: A journal of African studies, DOI: 10.1080/02533952.2013.802867) 
[BEGIN FOOTNOTE]
My foil here is the ontological fatalism of . . . then, the closure of colonialism is absolute. 
[END FOOTNOTE]
“Whiteness” as whiteness – the meaning . . . all identities are “white” under colonialism.
Everyone is white in the colonial symbolic – . . . constitutive axis, its “ontological” differential. 


===== Starship Troopers Aff =====
====1AC====
I always get the shakes before a drop. . . Flores died on the way up.

**This excerpt from Robert Heinlein’s novel Starship Troopers describes a human attack on the Skinnies, an alien species allied with humanity’s greatest enemies, the Arachnids.  Just as American soldiers today rely on dazzling technological superiority over our impoverished, low-tech enemies, troopers wearing robotic power armor execute a raid—not quite a war, but a limited intervention, designed to show what humanity is capable of.  Much like the United States intervention in Libya, this is only a small part of a much broader conflict, but the consequences are real.  Johnny Rico, the hero of Starship Troopers, kills untold numbers of civilians in this scene with flamethrowers, grenades, and nuclear warheads.  There is no remorse for the alien enemy, but Johnny won’t leave his wounded comrades behind.  Enemy lives may be cheap, but the Mobile Infantry looks out for its own.**\\

**The soldiers of our Mobile Infantry are all volunteers, but in the society of Starship Troopers, citizenship is a privilege, not a right.  No one can vote or participate in politics without first serving in combat.  Heinlein’s novel has been criticized as thinly-veiled fascist propaganda, where the alien enemies are stand-ins for America’s Communist enemies in Asia.  At the height of the Cold War, Heinlein seemed to be in favor of restricting democracy and giving up on the concept of equality.**\\

**There is another reading, however—interventions might happen in the world of Starship Troopers, but at least the decisions are made by the same people who bear the costs.  In modern America, civilians get behind interventions like the war in Libya because they are isolated from the true sacrifices of war.  A hyperreal culture of mass media distortion makes war seem clean, even humanitarian.  Heinlein’s politics might be extreme, but the story of Starship Troopers provides a corrective to this armchair militarism, forcing us to rethink constant imperial interventions.**\\
**__SIMMERS 2011__** (Erich, PhD in English, U of Florida expected 2011, “The Importance of Starship Troopers Today: Reflecting on Bloom, Heinlein, and Libya,” Weaponized Culture, April 27, http://weaponizedculture.wordpress.com/2011/04/27/the-importance-of-starship-troopers/)
Wading through Twitter this morning, I came . . . on the ground will pay the costs.

**These interventions are not harmless.  Heinlein’s space war and the casual use of nuclear weapons will be brought on by the confluence of hyperreal media saturation and cost-free militarism.  The endless manufacture of new threats and new interventions can only end in extinction.**\\
**__KROKER AND KROKER 2006__** [Arthur Kroker is Canada Research Chair in Technology, Culture and Theory, Professor of Political Science, and Director of the Pacific Centre for Technology and Culture at the University of Victoria. Marilouise Kroker is Senior Research Scholar at the University of Victoria. Interview with William Wood published in “Culture, power, and history: studies in critical sociology”, Stephen J. Pfohl, ed., Google Books] 
Krokers: The theory of viral power was . . . , warfare in the darkness of space.

**Our reading of Starship Troopers can challenge the ontological and epistemological certainty of world politics—this deployment of the story can be an ironic challenge to the anti-politics of militarism	**\\
**__WHITEHALL 2003__** – Associate Professor, Political Science, Acadia University (Geoffrey, “The problem of the ‘world and beyond,’ in “To seek out new worlds: science fiction and world politics” ed. Weldes, Senior Lecturer, Bristol University. Palgrave Macmillan 2003, 179) 
Notwithstanding the dominance of this reading, Starship . . . world to a plurality of alternative interpretations.

**Destroying the hyperreal fictions of the media-militarist society requires us to tell stories that are impossibly false—science fiction is a gift that the system can only receive by destroying itself**\\
**__BOGARD 2004__** (Bill Bogard, Professor of Sociology at Whitman University, “Hyperfacticity and Fatal Strategies,” Science Fiction Studies, Vol. 30, No. 2)
A social science fiction is not some Utopia . . . of its own desire. Fatal strategy.

**The aff’s act of imagination is a prerequisite to breaking down a hypermilitarized fascistic politics**\\
**__Gray 94__** (Chris Hables Gray is an Associate Professor of the Cultural Studies of Science and Technology and of Computer Science at the University of Great Falls, Nov., 1994, ‘"There Will Be War!": Future War Fantasies and Militaristic Science Fiction in the 1980s’, Science Fiction Studies, Vol. 21, No. 3)

Envoi. As this article has tried to . . . world, how will we make one?

**The point of our advocacy is to cultivate a more responsible model of democracy.  Science fiction is critical to a functioning participatory democracy because it educates citizens about the crucial role of technology in modern politics**\\
**__BRAKE AND THORNTON 2003__** Principal Lecturer and Professor of Science Communication at the University of Glamorgan, AND teacher of Science and Science Fiction degree at the University of Glamorgan (“Science fiction in the classroom.” 2003 Phys. Educ. 38 31, Google Scholar) 

Our intention in relation to teaching science has . . . suspicions about science in many public debates.

**Creative engagement with political decisionmaking is critical to human survival**\\
**__STANNARD 2006__** (Matt, Department of Communication and Journalism, University of Wyoming, Spring 2006 Faculty Senate Speaker Series Speech, April 18, http://theunderview.blogspot.com/2006/04/deliberation-democracy-and-debate.html)

The complexity and interdependence of human society, . . . is one way to resist this colonization.

**All politics is fictional – imagination is a central component of representation – our affirmative merely exposes this truth**\\
**__FREEDMAN 2000__** -- Associate Professor of English at Louisiana State University (Carl, “Critical Theory and Science Fiction” Wesleyan University Press, University Press of London, 20-22) 
It is a priori likely that most texts . . . , and Star Wars on the other. 

**World politics is merely science fiction – our representations of reality exist as a cultural product inscribed as text**\\
**__WELDES 2003__** – Senior Lecturer, Bristol University; PhD (Minn) (Jutta, “Popular culture, science fiction, and world politics: exploring inter textual relations” in “To seek out new worlds: science fiction and world politics” ed. Weldes, Palgrave Macmillan 2003, 12-13)  
But this is at best a partial understanding . . . (2001: 132, emphasis added).

**Cognitive estrangement is core to science fiction – we must be able to study a new world without endorsing it – that is crucial for all forms of politics and predictions **\\
**__Booth et al. 9__** (Charles Booth, Reader in Strategy and International Business at the University of the West of England, Bristol, Professor Michael Rowlinson, Professor of Organization Studies at Queen Mary, University of London, 2009, “Scenarios and counterfactuals as modal narratives”, Futures 41 (2009) 87–95)
	
In this final section of the paper we . . . ontological innocence, once and for all.

**Fictional imagination is the beginning of true politics – it’s a heuristic device that subverts hegemonic discourse and mobilizes activism**\\
**__Brincat 9__** (Shannon Brincat, Department Member, Center of Excellence for Global Governance Research at the University of Helsinki, “Reclaiming the Utopian imaginary in IR theory”, Review of International Studies (2009), 35: 581-609)

Utopianism permeates our political thought as the store . . . a more critical, even transformative discipline.

**This is the **__preferred__** site of resistance – only science fiction can engage in a holistic critique and forge a democratic alliance politics**\\
**__Moylan 2k__** (Tom Moylan, Glucksman Professor of contemporary writing and Director of the Ralahine Centre for Utopian Studies, University of Limerick, 2000, “Scraps of the Untainted Sky: Science Fiction, Utopia, Dystopia”, pg. 187-190) Text altered to expand “sf” to “science fiction” for clarity

Writing within the realm of literary critique (. . . forging a radical alternative in its place.

**From science fiction emerges overt political mobilization – textual resistance is a necessary condition for opposition**\\
**__Moylan 2k__** (Tom Moylan, Glucksman Professor of contemporary writing and Director of the Ralahine Centre for Utopian Studies, University of Limerick, 2000, “Scraps of the Untainted Sky: Science Fiction, Utopia, Dystopia”, pg. 192-193)

Pointing to the self-reflexivity of the . . . lead toward a better, utopian future. 

**Science fiction hones our decisionmaking skills—no other medium can improve our abilities to make predictions as well as this one can**\\
**__Huntington 1975__** – teaches English at The University of Rhode Island and for the last five years has given a course on Science Fiction. (John, “Science Fiction and the Future.” College English, Vol. 37, No. 4 (Dec., 1975), JSTOR) 

FROM THE VERY BEGINNING of modern SF, . . . but to reinter- pret its function.

====1AC Plan====
**Plan: The United States Federal Government should substantially increase statutory restrictions on the war powers authority of the President of the United States to introduce a voluntary United States Armed Forces into hostilities.**
====2AC Heg K====
**Current US power project only leads to imperialism. Only by questioning the role of the military can we solve global problems. Policy makers must take the initiative and reign in the military through logical cutdowns.**\\
**__Cohen 9__** (Michael A., senior research fellow at the New America Foundation, where he directs the Privatization of Foreign Policy Initiative, “Arms for the World: How the U.S. Military Shapes American Foreign Policy”, Dissent, Volume 56, Number 4, Fall 2009)
	
The increased prominence, public veneration, and . . . to start: it's the only place. 

**No impact to hegemonic decline – and it doesn’t solve trade**\\
**__Preble 8/3/2010 __**(Christopher Preble, director of foreign policy studies at the Cato Institute, taught history at St. Cloud State University and Temple University, was a commissioned officer in the U.S. Navy, Ph.D. in history from Temple University. “U.S. Military Power: Preeminence for What Purpose?” 8/3/10) http://www.cato-at-liberty.org/u-s-military-power-preeminence-for-what-purpose/)

Most in Washington still embraces the notion that . . . in the security of their respective regions.

**Asserting hegemony is a response to the evacuation of concrete political distinctions by political and economic globalization – an endless string of enemy creation, permanent development of the globe, and conversion of politics to policing. You may be right that hegemony isn’t collapsing, but it’s only because the affirmative’s politics dooms America to winning a permanent war of attrition **\\
**__Galli ‘10__** (Carlo, Professor of Political Philosophy @ U. of Bologna, Politics Spaces and Global War, trans. Adam Sitze, pp. 175-179)

Of course, even if there is no . . . , in an immediate and unthinking way.

====2AC Framework====
**__Substantial is Considerable in importance__**, value, degree, amount, or extent American Heritage 2k 

**Framing argument: we have read a topical plan and affirmed it. Policy debate is always-already fiction, which solves all their offense and avoids their policymaking good args. RECOGNIZING this constitutive fact is necessary to activate political agency. They’re doing science fiction, but it doesn’t have to be shitty science fiction**\\
**__McGee and Romanelli 2 __**POLICY DEBATE AS FICTION: IN DEFENSE OF UTOPIAN FIAT Brian McGee, Assistant Professor of Communication Studies at Texas Tech University and David Romanelli, PERSPECTIVES IN CONTROVERSY: Selected Essays from Contemporary Argumentation and Debate, KENNETH BRODA-BAHM, EDITOR

Few scholars would object to the mundane contention . . . at all” (Mumford 24-25).

**The INTERSECTION is crucial – viewing public policy through the lens of SCIENCE FICTION is a unique and necessary means facilitate social transformation**\\
**__Miller and Bennett 8 __**http://archive.cspo.org/documents/article_MillerBennett2008.pdf Clark A Miller and Ira Bennett work at the Consortium for Science, Policy and Outcomes, Arizona State University, PO Box 875603, Tempe, AZ 85287-5603, USA. Email: clark.miller@ asu.edu and ira.bennett@asu.edu. Tel: 480-727-8787. The authors would like to th ank Nicole Nelson and Science and Public Policy , 35(8), October 2008, pages 597–606 DOI: 10.3152/030234208X370666; http://www.ingentaconnect.com/content/beech/sp

Integration of science fiction into technology assessment Over . . . techniques built on the strengths of science fiction.

====2AC Limits====
**Their limits bad – only opening up different modes of thought experiment can resist technocracy**\\
**__Miller and Bennett 8__** http://archive.cspo.org/documents/article_MillerBennett2008.pdf Clark A Miller and Ira Bennett work at the Consortium for Science, Policy and Outcomes, Arizona State University, PO Box 875603, Tempe, AZ 85287-5603, USA. Email: clark.miller@ asu.edu and ira.bennett@asu.edu. Tel: 480-727-8787. The authors would like to th ank Nicole Nelson and Science and Public Policy , 35(8), October 2008, pages 597–606 DOI: 10.3152/030234208X370666; http://www.ingentaconnect.com/content/beech/sp

Peterson’s lecture prompted us to write this article. . . mutually constitutive relations of social and technological change.

=====Before the Law Aff=====
====1AC====

Before the law sits a gatekeeper. To . . . I’m going now to close it.”\\
[**__“Before the Law”, Franz Kafka__**, https://records.viu.ca/~Johnstoi/kafka/beforethelaw.htm]



**§ 1021(b)(2) of the 2012 NDAA provisions constitute a chilling-effect on protected speech – oral testimony in Hedges v. Obama has established the plaintiffs’ reasonably objective fears of indefinite detention**\\
**__Mayer 13__** (Carl Mayer, principal of Mayer Law Group LLC, former professor of law at Hofstra University, magna cum laude graduate of Princeton University and holds a J.D. degree from the University of Chicago Law School and an L.L.M. degree from Harvard Law School. December 16, 2013. “On Petition for a Writ of Certiorari to the United States Court of Appeals for the Second Circuit” 2013 WL 6827747, WestLaw)

A military order, however unconstitutional, is . . . over U.S. civilians will be upended

**The section is facially overbroad – the vagueness of the “substantial support” standard for determining legality of detention encompasses virtually all First Amendment expressive and associative rights**\\
**__Mayer 12__** (Carl Mayer, principal of Mayer Law Group LLC, former professor of law at Hofstra University, magna cum laude graduate of Princeton University and holds a J.D. degree from the University of Chicago Law School and an L.L.M. degree from Harvard Law School.  December 10, 2012. “Brief for Plaintiffs-Appellees” 2012 WL 6218811 (C.A.2) (Appellate Brief) Westlaw

*29 B. First Amendment standing principles . . . at 4, 5, 16-29.

**There is no interpretive value to the “substantial support” requirement – its definitional elasticity forces the court to decide on an ad-hoc basis **\\
**__Horowitz 13__** (Colby P. Horowitz, J.D. Candidate, 2014, Fordham University School of Law. Captain, U.S. Army, April, 2013, “SYMPOSIUM: THE GOALS OF ANTITRUST: NOTE: CREATING A MORE MEANINGFUL DETENTION STATUTE: LESSONS LEARNED FROM HEDGES V. OBAMA”, Fordham Law Review 81 Fordham L. Rev. 2853
"Substantial Support" As a Basis for Detention
 	
Section 1021(b)(2) of . . . and support to vague affiliation and cheerleading." n231

**__[Horowitz continues . . .]__**

2. Abandoning "Substantial Support” The . . . those who only provide support to terrorist organizations.

**The weight of jurisprudential doctrine establishes that in First Amendment challenges, injury validation requirements for standing should be relaxed to include chilling effects and fear-based voluntary restrictions on protected communications**\\
**__Mayer 12__** (Carl Mayer, principal of Mayer Law Group LLC, former professor of law at Hofstra University, magna cum laude graduate of Princeton University and holds a J.D. degree from the University of Chicago Law School and an L.L.M. degree from Harvard Law School.  December 10, 2012. “Brief for Plaintiffs-Appellees” 2012 WL 6218811 (C.A.2) (Appellate Brief) Westlaw

Where a facial challenge is based upon First . . . ring hollow and are specious at best.

**The role of the ballot is to determine whether the plan was a legally correct statement.**

**Education about positive legal analysis must come first – it creates the foundation for normative inquiry. Combining policy and legal considerations backslides into intractable value disputes**\\
**__Epstein 85__** (Richard A. Epstein, James Parker Hall Distinguished Service Professor Emeritus of Law and Senior Lecturer at the University of Chicago Law School. The Laurence A. Tisch Professor of Law, New York University School of Law, The Peter and Kirsten Bedford Senior Fellow, The Hoover Institution, and a senior lecturer at the University of Chicago, 1985, “Positive and Normative Elements in Legal Education”, Harvard Journal of Law and Public Policy, 8 Harv. J. L. & Pub. Pol'y 255 1985

Legal education is a very broad subject, . . . normative choices from a narrower set of possibilities.

**This is especially true on the war powers topic. Despite its supposed nature as a “legal topic,” we’ve learned virtually nothing about the law. Understanding legal reasoning is a prerequisite to debating the President’s war powers authority.**\\
**__Corn 98__** (Geoffrey S. Corn, professor in the International and Operational Law Department, The Judge Advocate General’s School, 1998, “PRESIDENTIAL WAR POWER: DO THE COURTS OFFER ANY ANSWERS?” 157 Mil. L. Rev. 180 (1998)

Few government decisions have greater impact on the . . . future political debate surrounding the use of force.

**Legal reasoning is uniquely valuable education – **\\
**__Schauer 9__** (Frederick Schauer is David and Mary Harrison Distinguished Professor of Law at the University of Virginia. He is also Frank Stanton Professor of the First Amendment, Emeritus, at the Kennedy School of Government, Harvard University, where he taught from 1990 to 2008, served as academic dean and acting dean, and also taught courses on evidence and freedom of speech at the Harvard Law School. In 2007-2008, he was the Eastman Professor at Oxford University and a fellow of Balliol College. Fellow of the American Academy of Arts and Sciences and former holder of a Guggenheim Fellowship, 2009, Thinking Like a Lawyer: A New Introduction to Legal Reasoning, pub. Harvard University Press, pp. 1-10

Law schools the world over claim to instruct . . . its decision-makers to do.16

**Specifically, legal education facilitates analogical reasoning**\\
**__Priel 8__** (Danny Priel,  Oscar M. Ruebhausen Fellow at Yale Law School, Assistant Professor, University of Warwick School of Law, citing Lloyd Weinreb, Professor at Harvard Law School, “THINKING LIKE A LAWYER,” http://ssrn.com/abstract=1096170

“You come in here with a skull . . . unless we understand how reasoning by analogy works.

**Analogical reasoning is the best heuristic for developing moral convictions and making decisions in a time-constrained, pluralistic society**\\
**__Sunstein 93__** (Cass Sunstein, Robert Walmsley University Professor and Felix Frankfurter Professor of Law at Harvard Law School. “On Analogical Reasoning” Harvard Law Review, Vol. 106, No. 3 (Jan., 1993), pp. 741-791

Analogical reasoning is the conventional method of the . . . deciding whether to change them through law. 

**Plan: The United States federal judiciary should permanently enjoin enforcement of section 1021(b)(2) of the National Defense Authorization Act for the Fiscal Year 2012 on the grounds that it is facially overbroad.**
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