Presidential Powers Disadvantage ...................................................................................... 2 1NC Presidential Powers Shell ....................................................................................... 2 Uniqueness Presidential Power Now ........................................................................... 3 Uniqueness: Congressional Deference Now................................................................... 4 Links: Congressional Foreign Affairs Involvement ....................................................... 5 Links: Restrictions on the Military By Congress or the Courts..................................... 7 Links: Enemy Combatant Designation Review.............................................................. 8 Links: Immigrant Detention Review ............................................................................. 9 Links: Law Enforcement............................................................................................... 10 Links: Interfering with the Executive ........................................................................... 11 Links: Prisoner Regulation ........................................................................................... 12 Answers to: Presidential Tyranny................................................................................. 13 Impact Extensions......................................................................................................... 15 Answer to Impact Turns................................................................................................ 17 Affirmative Answers..................................................................................................... 18 Affirmative Answers Tyranny Turn .......................................................................... 19 Impact Turn -- Bush Doctrine...................................................................................... 20 Prez power unilateralism/preemption ...................................................................... 22
Zalmay Khalilzad, RAND Defense Analyst, THE WASHINGTON QUARTERLY, Spring 1995, p. 84 Under the third option, the United States would seek to retain global leadership and to preclude the rise of a global rival or a return to multipolarity for the indefinite future. On balance, this is the best long-term guiding principle and vision. Such a vision is desirable not as an end in itself, but because a world in which the United States exercises leadership would have tremendous advantages. First, the global environment would be more open and more receptive to American values -- democracy, free markets, and the rule of law. Second, such a world would have a better chance of dealing cooperatively with the world's major problems, such as nuclear proliferation, threats of regional hegemony by renegade states, and low-level conflicts. Finally, U.S. leadership would help preclude the rise of another hostile global rival, enabling the United States and the world to avoid another global cold or hot war and all the attendant dangers, including a global nuclear exchange. U.S. leadership would therefore be more conducive to global stability than a bipolar or a multipolar balance of power system.
2. Congressional interference with foreign policy threatens the power of the executive
Lawrence Block, Department of Justice, HARVARD JOURNAL OF LAW & PUBLIC POLICY, Spring 1989, p. 326. The idea of executive-congressional codetermination of United States foreign policy is constitutionally deficient and flawed as a practical construct. Even worse, having imposed some degree of constitutionally dubious restraint on the Executive, Congress has failed to assume responsibility for its actions.
3. Foreign affairs and military decision-making are the sole domains of the President
Department of Justice, MEMORANDUM OF OPINION FOR THE DEPUTY COUNCIL TO THE PRESIDENT, 2001, p. http://www.usdoj.gov/olc/warpowers925.htm, accessed 5/20/05. In the relatively few occasions where it has addressed foreign affairs, the Supreme Court has agreed with the executive branch's consistent interpretation. Conducting foreign affairs and protecting the national security are, as the Supreme Court has observed, "'central' Presidential domains." Harlow v. Fitzgerald, 457 U.S. 800, 812 n.19 (1982). The President's constitutional primacy flows from both his unique position in the constitutional structure, and from the specific grants of authority in Article II that make the President both the Chief Executive of the Nation and the Commander in Chief. Michael P. Van Alstine, Professor of Law, University of Maryland School of Law, CORNELL LAW REVIEW, May 2004, p. 892. Similarly, the Constitution grants to the President, incident to his general executive powers, expansive authority as the international representative of the United States. In addition to the power to make treaties, Article II, Section 2, designates the President the Commander-in-Chief of the armed forces, and grants him the authority both to appoint ambassadors (again with the advice and consent of the Senate) and to "receive Ambassadors and other public Ministers." Moreover, implicit in the President's "'vast share of responsibility for the conduct of our foreign relations'" is the limited power to preempt state law through so-called sole executive agreements, as the Supreme Court reaffirmed only last term.
Links: Congressional Foreign Affairs Involvement 1. The president must be solely in charge of the implementation of foreign policy or factionalism will result
Stephen Calebresi, law professor, Northwestern, ALABAMA LAW REVIEW, 1995, pp. 88-9 At the same time, however, when it comes to foreign policy implementation, the risks reverse, and we must beware of regionally biased committee chairs trying to influence the implementation of a nationally approved policy. Once Congress has effectively authorized the President to commit troops, and has passed appropriations based on the premise that troops have been committed, one cannot have a politically interested Senator Dole involved in telling the President how to deploy them. Nor can one have Senator Helms picking all of our Central American ambassadors, Representative Boland running our foreign policy toward Nicaragua, or Senator Kerry determining what should be our policy toward renewal of relations with Vietnam. Once the burdens of war and trade policy, and the taxation that goes with all of this, have been allocated by Congress, the implementation of that policy must be left to the President. Otherwise the Kerrys, Doles, Helms, and Bolands of the world will rapidly skew the foreign policy of the world's greatest nation to fit their own, often regionally biased, political needs.
Department of Justice, MEMORANDUM OF OPINION FOR THE DEPUTY COUNCIL TO THE PRESIDENT, 2001, p. http://www.usdoj.gov/olc/warpowers925.htm, accessed 5/20/05. Conducting military hostilities is a central tool for the exercise of the President's plenary control over the conduct of foreign policy. There can be no doubt that the use of force protects the Nation's security and helps it achieve its foreign policy goals. Construing the Constitution to grant such power to another branch could prevent the President from exercising his core constitutional responsibilities in foreign affairs.
The position we take here has long represented the view of the executive branch and of the Department of Justice. Attorney General (later Justice) Robert Jackson formulated the classic statement of the executive branch's understanding of the President's military powers in 1941: Article II, section 2, of the Constitution provides that the President "shall be Commander in Chief of the Army and Navy of the United States." By virtue of this constitutional office he has supreme command over the land and naval forces of the country and may order them to perform such military duties as, in his opinion, are necessary or appropriate for the defense of the United States.
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Answers to: Presidential Tyranny 5. A strong unitary executive is critical to the separation of powers
Stephen Calebresi, law professor, Northwestern, ALABAMA LAW REVIEW, 1995, pp. 45-6. A final argument from The Federalist, which implicitly supports the idea of a unitary executive, is that such an executive is necessary to maintain the delicately calibrated system of checks and balances which the Constitution contemplates. In his four papers, from The Federalist No. 47 to The Federalist No. 51, James Madison forcefully defended the normative desirability of a system of constitutionally separated and shared powers. In doing so, he argued against a rigidly pure separation of powers, prefering instead some intermixing of powers to permit the creation of "checks and balances." The goal, of course, is to ensure that "ambition [will] be made to counteract ambition." This is accomplished in two ways. First, it is necessary to ensure that each department will have a will of its own. This can be done in part by creating separate electoral channels for each of the three departments back to the ultimate "fountain of authority, the people ...." Second, it is necessary to guarantee that "those who administer each department," will have "the necessary constitutional means and personal motives, to resist encroachments." Thus, the personal interests of the occupants of the various offices must be linked to the defense of the constitutional powers of those offices and "the provision for defence must in this, as in all other cases, be made commensurate to the danger of attack." This in turn, leads necessarily to the idea of a unitary executive. The reason for this is because "it is not possible to give to each department an equal power of self defense" as "in republican government the legislative authority, necessarily, predominates." Madison explained that "the remedy for this inconveniency is, to divide the legislature into different branches; and to render them by different modes of election, and different principles of action, as little connected with each other as the nature of their common functions, and their common dependence on the society, will admit." But just as key to Madison as the weakening of the legislature was the concomitant strengthening of the executive. Thus, he stated that "as the weight of the legislative authority requires that it should be thus divided, the weakness of the executive may require, on the other hand, that it should be fortified." Madison defended this in Federalist No. 51 by arguing in favor of giving the President a qualified veto, i.e., a veto that Congress can override.
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Impact Extensions
NEW SECURITY THREATS REQUIRE FAST, NON-DEBATED PRESIDENTIAL USE OF FORCE
John Yoo, Professor of Law, University of California at Berkeley School of Law Stanford Law Review, Dec 2004 v57 i3 p793(31) The world after September 11, 2001, however, is very different from the world of 1993. It is no longer clear that the United States must seek to reduce the amount of warfare, and it certainly is no longer clear that the constitutional system ought to be fixed so as to make it difficult to use force. It is no longer clear that the default state for American national security is peace. Rather than disappearing from the world, the threat of war may well be increasing. Threats now come from at least three primary sources: the easy availability of the knowledge and technology to create weapons of mass destruction, the emergence of rogue nations, and the rise of international terrorism of the kind practiced by the al Qaeda terrorist organization. Because of these developments, the optimal level of war for the United States may no longer be zero, but may actually be dramatically higher than in the 1990s. In particular, the emergence of direct threats to the United States of a kind more difficult to detect and prevent may demand that the United States undertake preemptive military action to prevent these threats from coming to fruition. Further, it seems that the costs of inaction, for example, allowing the vetoes of multiple decisionmakers to block warmaking, could entail much higher costs than Ely had envisioned. At the time of the writing of War and Responsibility, the costs to American national security of refraining from the use of force in a Haiti or Kosovo would have appeared negligible. The September 11, 2001, terrorist attacks, however, demonstrate that the costs of inaction in a world of terrorist organizations, rogue nations, and more easily available WMD are extremely high--the possibility of a direct attack on the United States and the deaths of thousands of civilians. First, the al Qaeda terrorist network and similar organizations pose a threat that, to be successfully defeated, very well may require a resort to warfare on a more consistent and frequent basis than in the past. To be sure, terrorism has existed in places such as the Middle East and Europe for many decades. What makes the terrorism of September 11 different, however, is that it demonstrates that those using this tactic can cause a level of destruction that once rested only in the hands of nation-states. At the same time, terrorist attacks are more difficult to detect and prevent due to the unconventional nature of their operations. Al Qaeda terrorists, for example, blend into civilian populations, use the channels of open societies to transport personnel, material, and money, and then target civilians with the object of causing massive casualties. Terrorist groups like al Qaeda seek to acquire WMD, are less likely to be reluctant to use them, and--since they have no population or territory to defend--may be immune to traditional concepts of deterrence. Normal methods of diplomacy and detection of an enemy's preparations for attack, which help address the threats posed by hostile nations, are of little use against terrorists who seek to attack civilian targets by surprise. Terrorism of this kind may require that the United States use preemptive force well before a terrorist attack might materialize. Temporal imminence finds little application here because, as September 11 showed, terrorist attacks can occur without warning because their unconventional nature allows their preparation to be concealed within the normal activities of civilian life. Terrorists have no territory or regular armed forces from which to detect signs of an impending attack. Yet, they can inflict a magnitude of destruction that would have once only been achievable by a nation-state using conventional arms. The prospect of terrorists in possession of WMD only multiplies the possible magnitude of harm. To defend itself from such an enemy, the United States might need to use force earlier and more often than was the norm during a time when nation-states generated the primary threats to American national security. It might also need to use force in many different geographic locations in response to the stateless terrorist organization's dispersal of its own assets. Thus, for example, the United States is currently fighting terrorists in places such as Afghanistan, Yemen, Iraq, and the Philippines not because of hostility toward their governments, but because al Qaeda has hidden part of its operations there. In addition to the dispersed, camouflaged nature of such terrorist groups, a second characteristic may render the use of force more necessary than in previous conflicts. Because al Qaeda is not a nation, and has no territory or population, it may well be more difficult to defeat than a nation-state. A1 Qaeda is similar to a traditional nation-state enemy in the resources it can command
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Affirmative Answers
1. The president does not possess full control of foreign affairs
Saikrishna Prakash, Professor of Law, University of San Diego, CORNELL LAW REVIEW, July 2004, p. 1100. Thus, despite having "the executive Power," the President cannot claim independent authority in those areas. Third, although Congress has no general power over foreign affairs, it has two textual sources of foreign affairs power: powers specifically given to it, such as declaring war and regulating commerce, and authority to carry into execution the powers of the federal government. The latter is a derivative power, exercisable in conjunction with the President, to give effect to the President's executive power over foreign affairs. Finally, the President's residual power over foreign affairs does not extend to matters not part of the traditional executive power. Accordingly, the President lacks lawmaking o appropriations power in foreign affairs
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Planet Debate 2005-6 Presidential Leadership DA Impact Turn: Bush Doctrine AND WAR WITH CHINA Dan Plesch, senior research fellow at the Royal United Services Institute, 9/13/2002, The Guardian
This is as self-contradictory as the first, and insidiously racist. Sustained by such principles, the architects of President Bush's policy hope to see it applied to Iran, North Korea and, ultimately, China. For those Republicans who pride themselves on having destroyed the Soviet Union and unified Germany, their duty now is to achieve the same success over Beijing's nuclear-armed communist dictatorship, which oppresses the Tibetans, runs its economy from a prison gulag and represses religious freedom. Friends look at me as if I have lost the plot when I say this. But John Bolton, Richard Perle, Condoleezza Rice, Frank Gaffney and Paul Wolfowitz have no problem with a pre-emptive political-military strategy towards an emerging China. Ambassador David Smith, who contributed to the influential National Institute for Public Policy report on nuclear strategy, explained that "the US has never accepted a deterrent relationship based on mutual assured destruction with China" and will act to prevent China gaining such a capability.
THAT GOES NUCLEAR Chalmers Johnson, author of Blowback, The Nation, May 14, 2001
China is another matter. No sane figure in the Pentagon wants a war with China, and all serious US militarists know that Chinas minuscule nuclear capacity is not offensive but a deterrent against the overwhelming US power arrayed against it (twenty archaic Chinese warheads versus more than 7,000 US warheads). Taiwan, whose status constitutes the still incomplete last act of the Chinese civil war, remains the most dangerous place on earth. Much as the 1914 assassination of the Austrian crown prince in Sarajevo led to a war that no wanted, a misstep in Taiwan by any side could bring the United States and China into a conflict that neither wants. Such a war would bankrupt the United States, deeply divide Japan and probably end in a Chinese victory, given that China is the worlds most populous country and would be defending itself against a foreign aggressor. More seriously, it could easily escalate into a nuclear holocaust. However, given the nationalistic challenge to Chinas sovereignty of any Taiwanese attempt to declare its independence formally, forward-deployed US forces on Chinas borders have virtually no deterrent effect.
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CONGRESS WONT GO TO WAR IF ITS IN CONTROL ONLY A STRONG EXECUTIVE WILL START A CONFLICT William Banks and Jeffrey Straussman, The New American Interventionism: Essays from Political Science Quarterly, Demetrios James Caraley (ed.), 1999, http://www.ciaonet.org/book/caraley/ch02.html
Another reason for presidential hegemony, however, has nothing to do with crises in a fast-moving world. Since Trumans move to deploy a massive force to Korea, Congress has demonstrated that it prefers not to take the risk of authorizing or forbidding risky national security ventures. If the president leads, Congress may remain silent and permit the president to act for the nation. Or, members may either applaud or chastise the president, short of making legislation, depending on how the operation pans out.
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Planet Debate 2005-6 Presidential Leadership DA Prez power unilateralism/preemption TURN: ACQUISENCE TO PRESIDENTIAL AUTHORITY ENABLES THE PRESIDENT TO ENGAGE IN PREEMPTIVE WARS Norman K. Swazo is Professor of Philosophy and Chair of the Department of Philosophy & Humanities, University of Alaska, International Journal on World Peace, Dec 2004 v21 i4 p21(42) Byrd's remarks are consonant with remarks delivered on 03 October 2002, during Senate debate on Senate Joint Resolution 46 authorizing the President's use of force against Iraq. Presenting a minority position, Byrd argued that the resolution before the Senate was "a product of presidential hubris," the resolution redefining "the nature of defense" and reinterpreting "the Constitution to suit the will of the Executive Branch:" "It would give the President blanket authority to launch a unilateral preemptive attack on a sovereign nation that is perceived to be a threat to the United States. This is an unprecedented and unfounded interpretation of the President's authority under the Constitution, not to mention the fact that it stands the charter of the United Nations on its head." Here Senator Byrd raises the question of the authority of the President vis-a-vis both constitutional law and international law (United States v. Curtis Wright notwithstanding.
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