DA

War Powers

1NC
Presidential war powers are high now - surveillance
capabilities are uniquely key the plan guts executive
authorities
Yoo 14 (John is professor of law at the Boalt Hall School of Law at the University of
California, Berkeley, and visiting scholar at the American Enterprise Institute. He has
also served as general counsel for the Senate Judiciary Committee; as a law clerk to
Justice Clarence Thomas and Judge Laurence H. Silberman; and, from 2001 to 2003,
as a Deputy Assistant Attorney General in the Office of Legal Counsel of the U.S.
Department of Justice. October 3, Surveillance and executive power,
http://blog.constitutioncenter.org/2014/10/surveillance-and-executivepower/)//dtang
As Commander-in-Chief, the President has the constitutional power and the responsibility to wage war in response to a direct attack against the United
States. In the Civil War, President Lincoln undertook several actionsraised an army, withdrew money from the treasury, launched a blockadeon his own
authority in response to the Confederate attack on Fort Sumter, moves that Congress and the Supreme Court later approved. During World War II, the
Supreme Court similarly recognized that once war began, the Presidents authority as Commander-in-Chief and Chief Executive gave him the tools

the President has

authority under the Constitution to take action to deter and prevent acts
necessary to effectively wage war. In the wake of the September 11 attacks, Congress agreed that

of international terrorism

against the United States,

which recognizes the Presidents

authority to use force to respond to al Qaeda, and any powers necessary

and proper to that end. Even legal scholars who argue against this historical practice concede that once the United States has
been attacked, the President can respond immediately with force. John Yoo and Stewart Baker will debate Alex Abdo and Elizabeth Wydra at the National
Constitution Center on October 7reserve your tickets NOW!

The ability to collect intelligence is intrinsic

to the use of military force . It is inconceivable that the Constitution would

vest in the President the powers of Commander-in-Chief and Chief
Executive, give him the responsibility to protect the nation from attack, but then disable him from
gathering intelligence to use the military most effectively to defeat the
enemy. Every evidence of the Framers understanding of the Constitution is that the government would have every ability to meet a foreign
danger. As James Madison wrote in The Federalist, security against foreign danger is one of the primitive objects of civil society. Therefore, the powers

grant of
war power includes all that is necessary and proper for carrying these
powers into execution. Covert operations and electronic surveillance are
requisite for attaining it must be effectually confided to the federal councils. After World War II, the Supreme Court declared, this

clearly part of this authority . During the writing of the Constitution, some Framers believed
that the President alone should manage intelligence because only he could keep secrets. Several
Supreme Court cases have recognized that the Presidents role as Commander-in-Chief and the sole organ of the nation in its foreign relations must

intelligence rests with the President

because its structure allows it to act with unity, secrecy, and speed.
Presidents have long ordered electronic surveillance without any judicial
or congressional participation. More than a year before the Pearl Harbor attacks, but with war clearly looming with the
include the power to collect intelligence. These authorities agree that

Axis powers, President Franklin Roosevelt authorized the FBI to intercept any communications, whether wholly inside the country or international, of
persons suspected of subversive activities against the Government of the United States, including suspected spies. FDR was concerned that fifth
columns could wreak havoc with the war effort. It is too late to do anything about it after sabotage, assassinations and fifth column activities are
completed, FDR wrote in his order. FDR ordered the surveillance even though a federal law at the time prohibited electronic surveillance without a

Presidents continued to monitor the communications of national

security threats on their own authority, even in peacetime. If Presidents in times of peace
could order surveillance of spies and terrorists, executive authority is only the greater now , as
hostilities continue against al Qaeda.
warrant.

Curtailing domestic surveillance undermines the sole organ

doctrine which underpins every facet of presidential power

Wood and Webb 11 Department of Political Science at Texas A&M University,

presented to the faculty at Vanderbilt University (B Dan Wood, Clayton Webb,
10/17/11, EXPLAINING PRESIDENTIAL SABER RATTLING,
http://www.vanderbilt.edu/csdi/events/Wood_Presidential_Saber_Rattling_112111.pd
f)//twontwon
The courts affirmed early on that as sovereign leaders, presidents are the nations
chief foreign policy representative . Future Supreme Court Justice John Marshall stated in 1800
the sole organ of the nation
in its external relations, and its sole representative with foreign nations. (10 Annals of Congress 613)
when he served in the U.S. House of Representatives The President is

Relying on Marshalls sole organ doctrine, Supreme Court Justice George Sutherland wrote in 1937 (United States
vs. Curtiss-Wright Export Corp , 299 U.S. 319) In this vast external realm [foreign policy], with its important,

the President alone has the power to speak

or listen as a representative of the nation. While the plenary nature of executive
authority in foreign relations is not universally accepted (e.g., see the persuasive arguments by
Fisher 2006, 2007a, 2007b, 2007c, 2007d, 2007e, 2008a, 2008b), ***FOOTNOTE BEGINS*** . 2007d.
complicated, delicate and manifold problems,

"Statement by Louis Fisher appearing before the House Committee on the Judiciary, "Constitutional

Limitations on Domestic Surveillance "." ed. L. L. o. Congress.***FOOTNOTE ENDS***

the modern chief executive relies extensively on the sole organ doctrine
to define presidential power broadly , and it is now commonly assumed that
presidents are the sole representatives of the nation to the outside world.

Executive war powers key to combating a litany of

transnational threats that escalate to extinction terror, rogue
states, and prolif congressional war authority is ineffective
Yoo 7 (John is a professor of law at the Boalt Hall School of Law at the University of

California, Berkeley, and visiting scholar at the American Enterprise Institute. He has
also served as general counsel for the Senate Judiciary Committee; as a law clerk to
Justice Clarence Thomas and Judge Laurence H. Silberman; and, from 2001 to 2003,
as a Deputy Assistant Attorney General in the Office of Legal Counsel of the U.S.
Department of Justice. 4/18, Exercising Wartime Powers,
http://hir.harvard.edu/archives/1369)//dtang
Proponents of congressional war power often argue that the executive branch is unduly prone to war. In this view, if the president
and Congress have to agree on warmaking, the nation will enter fewer wars and wars that do occur will arise only after sufficient
deliberation. But it is far from clear that outcomes would be better if Congress alone had the power to begin wars. First,

congressional deliberation does not necessarily ensure consensus. Congressional

authorization may represent only a bare majority of Congress or an unwillingness to challenge the President's institutional and
political strengths, regardless of the merits of the war. And even if it does represent consensus, it is no guarantee of consensus after
combat begins.

The Vietnam War, which was initially approved by Congress , did

not meet with a consensus over the long term but instead provoked some
of the most divisive politics in US history. It is also difficult to claim that congressional
authorizations to use force in Iraq, either in 1991 or 2002, reflected a deep consensus over the merits of the wars there. The 1991
authorization barely survived the Senate, and the 2002 authorization received significant negative votes and has become a deeply

It is also not clear that the absence of congressional

approval has led the nation into wars it should not have waged . The
experience of the Cold War, which provides the best examples of military
hostilities conducted without congressional support, does not clearly come down on the
side of a link between institutional deliberation and better conflict selection. Wars were fought throughout
divisive issue in national politics.

the world by the two superpowers and their proxies , such as in Korea,
Vietnam, and Afghanistan, during this period. Yet the only war arguably
authorized by Congress--and this point is debatable--was the Vietnam War. Aside from bitter
controversy over Vietnam, there appeared to be significant bipartisan consensus on the overall strategy of containment, as well as

The United States did not win the four-decade Cold War by
prevailed through the steady presidential application of
the strategy of containment, supported by congressional funding of the necessary military forces. On the other
hand, congressional action has led to undesirable outcomes. Congress led the United States into two
"bad" wars, the 1798 quasi-war with France and the War of 1812.
Excessive congressional control can also prevent the United States from
entering into conflicts that are in the national interest. Most would agree now that
congressional isolationism before World War II harmed US interests and
that the United States and the world would have been far better off if
President Franklin Roosevelt could have brought the United States into
the conflict much earlier. Congressional participation does not automatically or even consistently produce
the overarching goal of defeating the Soviet Union.
declarations of war; rather, it

desirable results in war decision making. Critics of presidential war powers exaggerate the benefits of declarations or authorizations

What also often goes unexamined are the potential costs of

congressional participation: delay, inflexibility, and lack of secrecy . In the
post-Cold War era, the United States is confronting the growth in
proliferation of WMDs, the emergence of rogue nations , and the rise of
of war.

international terrorism . Each of these threats may require pre-emptive

action best undertaken by the President and approved by Congress only
afterward. Take the threat posed by the Al Qaeda terrorist organization. Terrorist attacks are more
difficult to detect and prevent than conventional ones. Terrorists blend into civilian
populations and use the channels of open societies to transport personnel, material, and money. Although terrorists
generally have no territory or regular armed forces from which to detect
signs of an impending attack, WMDs allow them to inflict devastation that
once could have been achievable only by a nation-state. To defend itself
from this threat, the United States may have to use force earlier and
more ofte n than when nation-states generated the primary threats to US
national security. The executive branch needs the flexibility to act
quickly, possibly in situations wherein congressional consent cannot be
obtained in time to act on the intelligence. By acting earlier, the executive
branch might also be able to engage in a more limited, more precisely
targeted, use of force . Similarly, the least dangerous way to prevent rogue
nations from acquiring WMDs may depend on secret intelligence
gathering and covert action rather than open military intervention . Delay
for a congressional debate could render useless any time-critical
intelligence or windows of opportunity.

The Constitution creates a presidency that is uniquely

structured to act forcefully and independently to repel serious threats to the nation. Instead of specifying a legalistic process to
begin war, the Framers wisely created a fluid political process in which legislators would use their appropriations power to control

As the United States confronts terrorism, rogue nations, and WMD

proliferation, we should look skeptically at claims that radical changes in
the way we make war would solve our problems, even those stemming
from poor judgment, unforeseen circumstances, and bad luck.
war.

CP

XO

1NC
Text: the president should issue an executive order to curtail
the TSAs authority to conduct domestic surveillance
Empirics prove that ONLY the executive can meaningfully
curtail surveillance
Edgar 4/13 -- visiting fellow at the Watson Institute at Brown University, ACLUs
national security policy counsel (Timothy H. Edgar, April 13, 2015, The Good
News About Spying, https://www.foreignaffairs.com/articles/united-states/201504-13/good-news-about-spying), acui
A fair examination of the Obama
administrations record over the last 18 months shows real
accomplishments on surveillance reform. In sharp contrast to the inaction
of Congress and U.S. courts, Obama has taken several meaningful steps to
limit government surveillance and make surveillance policies more
transparent. Despite high hopes for a fresh start on civil liberties, during his first term in office, Obama
ratified and even expanded the surveillance programs that began under former President George W. Bush. After
NSA contractor Edward Snowden began revealing the agencys spying
programs to The Guardian in 2013, however, Obama responded with a clear
change of direction. Without great fanfare, his administration has made
changes that open up the practices of the United States intelligence
community and protect privacy in the United States and beyond. The last
year and a half has been the most significant period of reform for national
security surveillance since Senator Frank Church led the charge against
domestic spying in the late 1970s. In 2013, at Obamas direction, the
Office of the Director of National Intelligence (ODNI) established a website
for the intelligence community, IC on the Record, where previously secret
documents are posted for all to see. These are not decades-old files about Cold War spying, but
Although rising public anger is welcome, it is misdirected.

recent slides used at recent NSA training sessions, accounts of illegal wiretapping after the 9/11 attacks, and
what had been highly classified opinions issued by the Foreign Intelligence Surveillance Court about ongoing

Although many assume that all public knowledge of NSA

spying programs came from Snowdens leaks, many of the revelations in
fact came from IC on the Record, including mistakes that led to the
unconstitutional collection of U.S. citizens emails. Documents released
though this portal total more than 4,500 pagessurpassing even the 3,710
pages collected and leaked by Snowden. The Obama administration has
instituted other mechanisms, such as an annual surveillance transparency
report, that will continue to provide fodder for journalists, privacy
activists, and researchers. The transparency reforms may seem trivial to some. From the
surveillance programs.

perspective of an intelligence community steeped in the need to protect sources and methods, however, they are
deeply unsettling. At a Brown University forum, ODNI Civil Liberties Protection Officer Alexander Joel said, The
intelligence community is not designed and built for transparency. Our culture is around finding our adversaries
secrets and keeping our own secrets secret. Accordingly, until only a few years ago, the intelligence community
resisted making even the most basic information public. The number of FISA court opinions released to the public

Beyond more transparency, Obama has

also changed the rules for surveillance of foreigners. Until last year,
privacy rules applied only to U.S. persons. But in January 2014, Obama
issued Presidential Policy Directive 28 (PPD-28), ordering intelligence agencies to write
between 1978 and 2013 can be counted on one hand.

detailed rules assuring that privacy protections would apply regardless of nationality. These rules, which came out

in January 2015, mark the first set of guidelines for intelligence agencies ordered by a U.S. presidentor any
world leaderthat explicitly protect foreign citizens personal information in the course of intelligence operations .
Under the directive, the NSA can keep personal information in its databases for no more than five years. It must
delete personal information from the intelligence reports it provides its customers unless that persons identity is

The new
rules also include restrictions on bulk collection of signals intelligence
worldwidethe practice critics call mass surveillance. The NSAs bulk collection
necessary to understand foreign intelligencea basic rule once reserved only for Americans.

programs may no longer be used for uncovering all types of diplomatic secrets, but will now be limited to six

Finally, agencies are no longer allowed

simply to collect it all. Under PPD-28, the NSA and other agencies may
collect signals intelligence only after weighing the benefits against the
risks to privacy or civil liberties, and they must now consider the privacy of
everyone, not just U.S. citizens. This is the first time any U.S. government
official will be able to cite a written presidential directive to object to an
intelligence program on the basis that the intelligence it produces is not
worth the costs to privacy of innocent foreign citizens.
specific categories of serious national security threats.

Net benefit is war powers DA internal checks maintain

presidential power
Neal Katyal 6, prof, Georgetown law, Internal Separation of Powers: Checking
Today's Most Dangerous Branch from Within, 115 Yale L.J. 2314

This Essay's proposed reforms reflect a more textured conception of the presidency than either the unitary executivists or their

the simple fact that the President

should be in control of the executive branch does not answer the question
of how institutions should be structured to encourage the most robust
flow of advice to the President. Nor does that fact weigh against modest
critics espouse. In contrast to the unitary executivists, I believe that

internal checks that, while subject to presidential override, could

constrain presidential adventurism on a day-to-day basis. And in contrast to the
doubters of the unitary executive, I believe a unitary executive serves
important values, particularly in times of crisis . Speed and dispatch are often
virtues to be celebrated. Instead of doing away with the unitary
executive , this Essay proposes designs that force internal checks but
permit temporary departures when the need is great . Of course, the risk of
incorporating a presidential override is that its great formal power will
eclipse everything else, leading agency officials to fear that the President will overrule or fire them. But just as
a filibuster does not tremendously constrain presidential action, modest
internal checks, buoyed by reporting requirements, can create sufficient deterrent costs.
[*2319] Let me offer a brief word about what this Essay does not attempt. It does not propose a far-reaching internal checking

this Essay takes a case study, the war on

terror, and uses the collapse of external checks and balances to
system on all presidential power, domestic and foreign. Instead,

demonstrate the need for internal ones . In this arena, public accountability is low - not only because
decisions are made in secret, but also because they routinely impact only people who cannot vote (such as detainees). In addition to
these process defects, decisions in this area often have subtle long-term consequences that short-term executivists may not fully
appreciate. n9

Nietzsche

1NC
The 1AC is a futile search for a transcendental ethic their
impacts are assumed moral valuations which they havent
defended this betrays their flawed relation to suffering in an
existence that is intrinsically tragic. Their desire to eliminate
suffering is a Will to Order that seeks to master the world and
inevitably fails, causing ressentiment
Saurette 96 (Paul, associate professor, University of Ottawa, I Mistrust all
Systematizers and Avoid Them': Nietzsche, Arendt and the Crisis of the Will to Order
in International Relations Theory, Millenium Journal of International Studies 25,
http://mil.sagepub.com/contentI25/1/1.citation - oliver g)
the philosophical foundation of a society is the set of ideas which
give meaning to the phenomenon of human existence within a given cultural
framework. As one manifestation of the Will to Power, this will to meaning fundamentally influences the social
and political organisation of a particular community.' Anything less than a profound historical
interrogation of the most basic philosophical foundations of our civilization, then,
misconceives the origins of values which we take to be intrinsic and natural. Nietzsche
suggests, therefore, that to understand the development of our modern conception of society
and politics, we must reconsider the crucial influence of the Platonic formulation of Socratic
thought. Nietzsche claims that pre-Socratic Greece based its philosophical justification
of life on heroic myths which honoured tragedy and competition. Life was understood as a contest in
which both the joyful and ordered (Apollonian) and chaotic and suffering
(Dionysian) aspects of life were accepted and affirmed as inescapable aspects
of human existence.' However, this incarnation of the will to power as tragedy weakened, and became
According to Nietzsche,

unable to sustain meaning in Greek life. Greek myths no longer instilled the self-respect and self-control that had
upheld the pre-Socratic social order. 'Everywhere the instincts were in anarchy; everywhere people were but five e

No longer willing to accept the

tragic hardness and self-mastery of pre-Socratic myth, Greek thought yielded to
decadence, a search for a new social foundation which would soften the tragedy of life, while still giving
steps from excess: the monstrum in animo was a universal danger'.'

meaning to existence. In this context, Socrates' thought became paramount. In the words of Nietzsche, Socrates
saw behind his aristocratic Athenians; he grasped that his case, the idiosyncrasy of his case, was no longer
exceptional. The same kind of degeneration was everywhere silently preparing itself: the old Athens was coming to
an endAnd Socrates understood that the world had need of him his expedient, his cure and his personal art of

Socrates realised that his search for an ultimate and eternal intellectual standard
paralleled the widespread yearning for assurance and stability within society.
His expedient, his cure? An alternative will to power. An alternate foundation that promised
mastery and control, not through acceptance of the tragic life, but through the disavowal
of the instinctual, the contingent, and the problematic. In response to the failing
self-preservation.'

power of its foundational myths, Greece tried to renounce the very experience that had given rise to tragedy by

In Nietzsche's words,
'Nationality was divined as a saviourit was their last expedient. The fanaticism with which
the whole of Greek thought throws itself at rationality betrays a state of emergency : one
was in peril, one had only one choice: either to perish, or be absurdly
rational....' Thus, Socrates codified the wider fear of instability into an
intellectual framework.The Socratic Will to Truth is characterised by the attempt
to understand and order life rationally by renouncing the Dionysian
retreating/escaping into the Apollonian world promised by Socratic reason.

elements of existence and privileging an idealised Apollonian order. As life

is inescapably comprised of both order and disorder, however, the promise of
control through Socratic reason is only possible by creating a 'Real World' of eternal and
meaningful forms, in opposition to an 'Apparent World' of transitory physical
existence. Suffering and contingency is contained within the Apparent World, disparaged,
devalued, and ignored in relation to the ideal order of the Real World. Essential to the
Socratic Will to Truth, then, is the fundamental contradiction between the experience of Dionysian suffering in the

this dichotomised model

led to the emergence of a uniquely 'modern' understanding of life which could only view
suffering as the result of the imperfection of the Apparent World. This outlook
created a modern notion of responsibility in which the Dionysian elements of life
could be understood only as a phenomenon for which someone, or
something, is to blame. Nietzsche terms this philosophically-induced condition ressentiment, and
argues that it signalled a potential crisis of the Will to Truth by exposing the central
contradiction of the Socratic resolution. This contradiction, however, was resolved historically
Apparent World and the idealised order of the Real World. According to Nietzsche,

through the aggressive universalisation of the Socratic ideal by Christianity. According to Nietzsche, ascetic
Christianity exacerbated the Socratic dichotomisation by employing the Apparent World as the responsible agent

Blame for suffering fell on individuals within

the Apparent World, precisely because they did not live up to God, the Truth, and
the Real World. As Nietzsche wrote,`I suffer: someone must be to blame for it' thinks
every sickly sheep. But his shepherd, the ascetic priest tells him: 'Quite so my sheep! someone must
be to blame for it: but you yourself are this someone, you alone are to blame for yourself,- you alone are to
blame for yourselfThis is brazen and false enough: but one thing is achieved by it, the direction of
against which the ressentiment of life could be turned.

ressentiment is altered." Faced with the collapse of the Socratic resolution and the prospect of meaninglessness,
once again, 'one was in peril, one had only one choice: either to perish, or be absurdly rational....' The genius of the
ascetic ideal was that it preserved the meaning of the Socratic Will to Power as Will to Truth by extrapolating ad
absurdium the Socratic division through the redirection of ressentiment against the Apparent World! Through this
redirection, the Real World was transformed from a transcendental world of philosophical escape into a model
towards which the Apparent World actively aspired, always blaming its contradictory experiences on its own
imperfect knowledge and action.This subtle transformation of the relationship between the dichotomised worlds

Unable to accept the

Dionysian suffering inherent in the Apparent World, the ascetic ressentiment desperately
searches for 'the hypnotic sense of nothingness, the repose of deepest
sleep, in short absence of suffering'.` According to the ascetic model, however, this escape
is possible only when the Apparent World perfectly duplicates the Real
World. The Will to Order, then, is the aggressive need increasingly to order the Apparent World in line with the
creates the Will to Order as the defining characteristic of the modern Will to Truth.

precepts of the moral Truth of the Real World. The ressentiment of the Will to Order, therefore, generates two

ressentiment engenders a need actively to mould the

Apparent World in accordance with the dictates of the ideal, Apollonian
Real World. In order to achieve this, however, the ascetic ideal also asserts that
a 'truer', more complete knowledge of the Real World must be established,
creating an ever-increasing Will to Truth. This self-perpetuating movement creates an
interrelated reactions. First,

interpretative structure within which everything must be understood and ordered in relation to the ascetic Truth of

ideal has a goalthis goal is so universal that

all other interests of human existence seem, when compared with it, petty
and narrow; it interprets epochs, nations, and men inexorably with a view to this one goal; it permits
no other interpretation, no other goal; it rejects, denies, affirms and
sanctions solely from the point of view of its interpretation :4 The very
structure of the Will to Truth ensures that theoretical investigation must be
increasingly ordered, comprehensive, more True, and closer to the perfection of the
the Real World. As Nietzsche suggests,[t]he ascetic

ideal. At the same time, this understanding of intellectual theory ensures that it creates practices
which attempt to impose increasing order in the Apparent World. With this
critical transformation, the Will to Order becomes the fundamental philosophical principle of modernity

Moralities are used to justify ones self and construct the

neighbor as an immoral Other, and the aff is no exception. This
moralizing logic is the root cause of war and the national
security apparatus turns case
Nietzsche 1879 (Friedrich, Chair of Classical Philology at the University of Basel,
Human, All Too Human, The Nietzsche Channel, The Wanderer and His Shadow,
http://www.geocities.com/thenietzschechannel/was.htm, AD: 7/6/09) jl
The means to real peace. No government admits any more that it keeps an army to satisfy occasionally
the desire for conquest. Rather the army is supposed to serve for defense, and one invokes the morality
that approves of self-defense. But this implies one's own morality and the neighbor's immorality; for the
neighbor must be thought of as eager to attack and conquer if our state must think of means of self-defense.
Moreover, the reasons we give for requiring an army imply that our neighbor, who denies the desire for
conquest just as much as does our own state, and who, for his part, also keeps an army only for reasons
of self-defense, is a hypocrite and a cunning criminal who would like nothing better than to overpower
a harmless and awkward victim without any fight. Thus all states are now ranged against each other: they
presuppose their neighbor's bad disposition and their own good disposition. This presupposition,

however, is inhumane, as bad as war and worse. At bottom, indeed, it is itself the challenge and the
cause of wars, because, as I have said, it attributes immorality to the neighbor and thus provokes a hostile
disposition and act. We must abjure the doctrine of the army as a means of self-defense just as
completely as the desire for conquests. And perhaps the great day will come when people, distinguished
by wars and victories and by the highest development of a military order and intelligence, and accustomed
to make the heaviest sacrifices for these things, will exclaim of its own free will, "We break the sword," and
will smash its entire military establishment down to its lowest foundations. Rendering oneself unarmed
when one had been the best-armed, out of a height of feelingthat is the means to real peace, which
must always rest on a peace of mind; whereas the so-called armed peace, as it now exists in all countries, is
the absence of peace of mind. One trusts neither oneself nor one's neighbor and, half from hatred, half from
fear, does not lay down arms. Rather perish than hate and fear, and twice rather perish than make oneself
hated and fearedthis must someday become the highest maxim for every single commonwealth. Our liberal
representatives, as is well known, lack the time for reflecting on the nature of man: else they would know that
they work in vain when they work for a "gradual decrease of the military burden." Rather, only when this
kind of need has become greatest will the kind of god be nearest who alone can help here. The tree of warglory can only be destroyed all at once, by a stroke of lightning: but lightning, as indeed you know, comes
from a cloudand from up high.

The alt is to do nothing and embrace fate.

Embracing fate allows us to see the beauty in the chaos and
pain. Redeeming and loving every moment of our lives allows
us to cope with suffering and replaces morality with lifeaffirmation as a method of evaluation
Deleuze 83, Giles Deleuze, Prof of Philosophy @ U of Lyon, Paris,
and Lycees, Nietzsche and Philosophy, p. 25-27, 7/04/12, [AR]
The game has two moments which are those of a dicethrow the dice that is thrown and the dice that falls back.
Nietzsche presents the dicethrow as taking place on two distinct tables, the earth and the sky. The earth where the
dice are thrown and the sky where the dice fall back: "if ever I have played dice with the gods at their table, the
earth, so that the earth trembled and broke open and streams of fire snorted forth; for the earth is a table of the
gods, and trembling with creative new words and the dice throws of the gods" (Z III "The Seven Seals" 3 p. 245). "0
sky above me, you pure and lofty sky! This is now your purity to me, that there is no eternal reason-spider and
spider's web in you; that you are to me a dance floor for divine chances, that you are to me a god's table for divine
dice and dicers" (Z III "Before Sunrise" p. 186). But these two tables are not two worlds. They are the two hours of a
single world, the two moments of a single world, midnight and midday, the hour when the dice are thrown, the hour
when the dice fall back. Nietzsche insists on the two tables of life which are also the two moments of the player or

"We temporarily abandon life, in order to then temporarily fix our

gaze upon it." The dicethrow affirms becoming and it affirms the being of
becoming. It is not a matter of several dicethrows which, because of their
number, finally reproduce the same combination. On the contrary , it is a
matter of a single dicethrow which, due to the number of the combination
produced, comes to reproduce itself as such. It is not that a large number of throws
the artist;

produce the repetition of a combination but rather the number of the combination which produces the repetition of

The dice which are thrown once are the affirmation of chance,
the combination which they form on falling is the affirmation of necessity.
Necessity is affirmed of chance in exactly the sense that being is affirmed
of becoming and unity is affirmed of multiplicity. It will be replied, in vain,
that thrown to chance, the dice do not necessarily produce the winning
combination, the double six which brings back the dicethrow. This is true,
but only insofar as the player did not know how to affirm chance from the
outset. For, just as unity does not suppress or deny multiplicity, necessity
does not suppress or abolish chance. Nietzsche identifies chance with multiplicity, with
the dicethrow.

fragments, with parts, with chaos: the chaos of the dice that are shaken and then thrown. Nietzsche turns chance
into an affirmation. The sky itself is called "chance-sky", "innocence-sky" (Z III "Before Sunrise"); the reign of
Zarathustra is called "great chance" (Z IV "The Honey Offering" and III "Of Old and New Law Tables"; Zarathustra
calls himself the "redeemer of chance"). "By chance, he is the world's oldest nobility, which I have given back to all
things; I have released them from their servitude under purpose . . . I have found this happy certainty in all things:
that they prefer to dance on the feet of chance" (Z III "Before Sunrise" p. 186); "My doctrine is `Let chance come to
me: it is as innocent as a little child!' " (Z III "On the Mount of Olives" p. 194). W hat

Nietzsche calls
necessity (destiny) is thus never the abolition but rather the combination
of chance itself. Necessity is affirmed of chance in as much as chance itself
affirmed. For there is only a single combination of chance as such, a single
way of combining all the parts of chance, a way which is like the unity of
multiplicity, that is to say number or necessity. There are many numbers with increasing
or decreasing probabilities, but only one number of chance as such, one fatal number which reunites all the
fragments of chance, like midday gathers together the scattered parts of midnight.

This is why it is

sufficient for the player to affirm chance once in order to produce the
number which brings back the dice- throw. To know how to affirm chance
is to know how to play. But we do not know how to play, "Timid, ashamed,
awkward, like a tiger whose leap has failed. But what of that you
dicethrowers! You have not learned to play and mock as a man ought to
play and mock!" (Z IV "Of the Higher Man" 14 p. 303). The bad player counts on several
throws of the dice, on a great number of throws. In this way he makes e of
causality and probability to produce a combination that he sees as
desirable. He posits this combination itself as an end to be obtained,
hidden behind causality. This is what Nietzsche means when he speaks of the
eternal spider, of the spider's web of reason, "A kind of spider of imperative and finality hidden
behind the great web, the great net of causality we could say, with Charles the Bold when he opposed Louis XI, "I
fight the universal spider" (GM III 9).

To abolish chance by holding it in the grip of

causality and finality, to count on the repetition of throws rather than
affirming chance, to anticipate a result instead of affirming necessity
these are all the operations of a bad player. They have their root in
reason, but what is the root of reason? The spirit of revenge, nothing but the spirit of
revenge, the spider (Z II "Of the Tarantulas"). Ressentiment in the repetition of throws, bad
conscience in the belief in a purpose. But, in this way, all that will ever be
obtained are more or less probable relative numbers. That the universe has
no purpose, that it has no end to hope for any more than it has causes to be known
this is the certainty necessary to play well (VP III 465). The dicethrow fails because chance has
not been affirmed enough in one throw. It has not been affirmed enough in order to produce the fatal number which
necessarily reunites all the fragments and brings back the dicethrow. We must therefore attach the greatest

for the couple causality-finality, probabilityfinality, for the opposition and the synthesis of these terms, for the web of
these terms, Nietzsche substitutes the Dionysian correlation of chancenecessity, the Dionysian couple chance-destiny. Not a probability
distributed over several throws but all chance at once; not a final, desired,
willed combination, but the fatal combination, fatal and loved, amor fati;
not the return of a combination by the number of throws, but the
repetition of a dicethrow by the nature of the fatally obtained
importance to the following conclusion:

solvency

AT: Airlines Adv

TSA is reforming now specific to operational effectiveness
their ev. doesnt account for new developments
Monzon 6/17/15 News Writer at United Press International (Tomas,
TSA audit reveals no terrorist ties for 73 airline workers, UPI,
http://www.upi.com/Top_News/US/2015/06/17/TSA-audit-reveals-noterrorist-ties-for-73-airline-workers/3011434477493/)//JJ
A Transportation Security Administration audit has confirmed that 73 airline employees earlier
suspected of terrorist ties have no such connections. The audit, published June 4 by the
Department of Homeland Security, explained that the TSA was unable to link the 73 airline employees to terrorists, although DHS
had determined they had terrorist ties. DHS used a list not available to the TSA, leading DHS to conclude that TSA "is not authorized
under current interagency watchlisting policy to receive certain terrorism-related category codes". Appearing before the Homeland

TSA deputy assistant Stacey Fitzmaurice ultimately confirmed that the

agency found no ties between terrorism and the workers. Committee chairman and
Representative John Katko, R-N.Y. criticized the TSA for its lethargy in producing this information. Fitzmaurice said the TSA
used the FBI's watch list, which, he argued, contains more reasonable data than that of
the National Counterterrorism Center, a rawer data set that DHS used to produce its report. The TSA does not
Security subcommittee on transportation,

have access to NCTC's data. Inspector General for Homeland Security John Roth explained that it took 18 months for the agency to
clear legal obstacles and run the names of the aviation workers against the NCTC list. NCTC carried out the comparison itself once

To prevent future problems, Katko pushed House leaders Tuesday

to pass his reform bill HR2750, "Improved Security Vetting for Aviation Workers Act
of 2015". Additionally, Fitzmaurice and the TSA are still working on gaining full access to NCTC's list. The news of TSA wanting
access to an intelligence database comes just as TSA chief Melvin Carraway was reassigned after an
investigation revealed widespread failures with airport security . In 70 tests performed by DHS,
67 attempts at sneaking fake weapons into airports were successful. At the time, DHS Secretary Jeh Johnson called for TSA
to reevaluate its screening equipment and review its operating procedures.
authorization was secured.

Alt cause lack of federal trust

Frauenfelder 6/8/15 founder of Boing Boing and the founding
editor-in-chief of MAKE, editor-in-chief of Cool Tools and co-founder of
Wink Books (Mark, Federal gov't doesn't trust TSA enough to inform it
of airline employees with links to terrorism, Boing Boing,
http://boingboing.net/2015/06/08/federal-govt-doesnt-trust.html)//JJ
the "TSA did not identify 73
individuals with terrorism-related category codes because TSA is not authorized to
receive all terrorism-related information under current interagency watchlisting
policy." The federal government doesn't place enough trust in its own anti-terrorism
administration to give it a list of people with terrorism-related category codes employed
by airlines and airport vendors. "Without complete and accurate information,
TSA risks credentialing and providing unescorted access to secure airport areas for
workers with potential to harm the nation's air transportation system," the report found.
According to a recently-released Government Accountability Office report,

The issue is not the TSA its interagency policy

Jesse 6/9/15 associate editor of Allen B West, citing a Guardian
report (Michelle, TSA hired 73 people on the terror watch list; reason
why is MIND-BLOWING, Allan B West,
http://allenbwest.com/2015/06/tsa-hired-73-people-on-the-terrorwatch-list-reason-why-is-mind-blowing/)//JJ
WHY these 73 individuals slipped through the cracks to stand watch at
our nations security checkpoints: TSA did not identify these individuals through its vetting operations
because it is not authorized to receive all terrorism-related categories under
current interagency watch-listing policy, the DHS document stated, adding that the agency had
The Guardian explains

acknowledged that these individuals were cleared for access to secure airport areas despite representing a potential transportation

the TSA isnt allowed to get every bit of information available

about applicants, unless the applicants report it themselves. Its up to the applicant to report
information that could likely disqualify them from TSA employment. Yeaaahh. Got it. Turns out, even if information
comes in after someones hired on at the TSA, the TSA doesnt always get that
info. All of this will be cold comfort to travelers lining up through security for their summer vacations. The silver lining or the
security threat. In other words,

gift if you choose to see it that way is this provides yet another stunning example of how increased government spending does
NOT equal a better job done or necessarily help keep us safer. Despite almost $100 billion spent since 2011, the TSA continues to
bring us lapse after lapse. Indeed, it appears that some of

these gaps are a result of the very bloated

bureaucracy that was supposed to keep us safer.

FBI aviation surveillance solves specifically their private

warrant
Perdue 2/3/15 Deputy Assistant Director, Counterterrorism Division
at the FBI (Doug, Statement Before the House Committee on Homeland
Security, Subcommittee on Transportation Security, Washington, D.C.,
the FBI, https://www.fbi.gov/news/testimony/fbis-role-in-access-controlmeasures-at-our-nations-airports)//JJ
the FBIs Counterterrorism Divisions (CTD) Civil Aviation Security
Program (CASP) is extensively involved in efforts to uncover and prevent
terrorist operations to attack or exploit civil aviation in the United States. The FBI has
special agents and task force officers assigned as airport liaison agents (ALAs) at
each of the nations TSA-regulated airports in order to respond to aviationrelated incidents and threats, participate in joint FBI-TSA airport vulnerability
assessments, and interact with interagency and private sector stakeholders at
airports around the country on exercises, threat mitigation, and other issues to protect
In conjunction with our partners,

the traveling public. The FBIs CASP and ALA program were created in 1990 to formalize the Bureaus investigative, intelligence, and

FBIs National Joint Terrorism Task Force with

a focus on supporting and enhancing efforts to prevent, disrupt, and defeat acts
of terrorism directed toward civil aviation, and to provide counterterrorism
preparedness leadership and assistance to federal, state, and local agencies
responsible for civil aviation security. One of CASPs primary responsibilities is to provide program management
and support to the FBIs ALAs. In addition, CASP represents the FBI on aviation security policy
matters, provides guidance and training to the field, and supports national
liaison activities at the nations airports. CASP is located in the

aviation security initiatives and mandates. I would like to go over briefly CASPs efforts to mitigate the
insider threat at Americas airports.

The airline industry is extremely resilient to shocks

Carlisle 15 Chief Operating Officer at Goshawk (Andy, Airport
business resilience: Plan for uncertainty and prepare for change,
Journal of Airport Management, Volume 9, p. 118-132, 1/1/15)//JJ
In recent years, there has been sustained turbulence in markets around the world. Economies are emerging from recession, but the
pace of recovery is mixed while geopolitical uncertainty and security threats appear to be increasing. In a connected world,
problems rarely remain geographically isolated, which means there is continued economic uncertainty in many major global
markets. However, uncertainty is not always negative. The pace of technological change is rapid; the
influence of mobile and digital platforms extends across all areas of business, including aviation. While such developments are
generally positive, change itself creates uncertainty and new technology can be a disruptive influence. Airport managers and
investors must balance the drive toward commercial optimisation against the inherent investment risk in realising new

Airport business
models are adapting to this new reality, and there is increased recognition of the
need for flexibility, creativity, and vigilance in planning, building, managing,
and financing airports. The most effective counterbalance to future uncertainty is to
develop business models that are resilient, but not resistant, to change. In this context,
business resilience means managing risk and capitalising on opportunity. It involves preparing and
organizing for change, and being ready to change direction when unexpected
events occur, or the operating environment changes. It is adopting a mind-set of
surprises being the new normal, and realising that its not a question of if the unexpected will happen, but rather when will
it happen?, what will happen?, and are we prepared? . Resilience, then, is strength with flexibility,
and focus with situational awareness. Many airport operators are adapting to this new normal and
recognizing the need for greater flexibility, creativity, global awareness, and
social awareness in the management of airports . While there are limitations to flexibility in an
opportunities; these challenges are magnified in a market that has a more uncertain and variable outlook.

infrastructure-intensive business, this paper considers some of the measures that can be taken to optimise airport financial
performance in a dynamic market where rapid change has the potential to disrupt existing business models.

Increased airport security now and no terror threat

Ross and Schwartz 1/13/15 ABC news chief correspondent AND
**chief investigative producer (Brian and Rhonda, US Steps Up Airport
Security After Al Qaedas 'Hidden Bomb' Recipe, ABC News,
http://abcnews.go.com/International/us-steps-airport-security-alqaedas-hidden-bomb/story?id=28194349)//JJ
American airports are increasing security measures across the country in the
wake of dual terrorist attacks in Paris and the publication by al Qaeda of what
counterterrorism experts say appears to be the most detailed, and potentially lethal, bomb recipe ever to
be sent to their followers. The top security chiefs for major American airlines have been
briefed about the troubling publication, according to a senior U.S. law enforcement official. Department of Homeland Security
Secretary Jeh Johnson said Monday the Transportation Security Administration has stepped up random
searches of travelers and carry-on luggage in addition to enhanced screening that was
ordered this summer at certain foreign airports. Johnson said there is no specific, credible threat of
an attack on the U.S. like what happened in Paris last week, but said that incident, along with others in Canada and
Australia, and the recent public calls by terrorist organizations for attacks on Western objectives, including aircraft, military

the need for increased security at

American airports and elsewhere self-evident. The bomb-making recipe, published in the most recent edition of
personnel, and government installations and civilian personnel made

the al Qaeda in the Arabian Peninsula (AQAP) English-language magazine in December, is a detailed guide to making the explosive,
getting through security and even where to sit on the plane. We spared no effort in simplifying the idea in such we made it another
meal prepared in the kitchen so that every determined Muslim can prepare, the magazine says, in an apparent reference to earlier
versions of bomb-making instructions called How to Build a Bomb in the Kitchen of Your Mom. This group, AQAP, is absolutely
determined to try and [carry] out an attack on a U.S.-bound airplane, said Matt Olsen, former Director of the National
Counterterrorism Center and current ABC News consultant. The

prospect of AQAP trying to get a bomb on

an airplane has been, for the past several years, at the top of the list for concerns of the U.S.
counterterrorism community. After reviewing the recipe, explosives expert Kevin Barry said it appeared to be one of
the most sophisticated non-metallic explosives devices hes seen, which could especially be a problem for smaller airports that
dont employ high-tech body imaging security devices. AQAP, the al Qaeda branch based in Yemen, previously attempted to bring
down an American airliner on Christmas Day 2009, but the would-be bomber couldnt get the device to detonate. That bomber,
Umar Farouk Abdulmuttalab, reportedly crossed paths in Yemen with one of the men who executed the Paris terror attack last week.
Last week the State Department updated its Worldwide Caution travel alert to all Americans abroad. Recent terrorist attacks,
whether by those affiliated with terrorist entities, copycats, or individual perpetrators, serve as a reminder that U.S. citizens need to
maintain a high level of vigilance and take appropriate steps to increase their security awareness, the alert said.