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+==1NC== |
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+===1NC=== |
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+====CP Text: The Supreme Court of the United States ought to limit qualified immunity by removing the "clearly established" standard.==== |
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+====SCOTUS is the only possible topic actor ==== |
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+**Stokes, PhD Candidate, 15** |
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+(Kevin, Fifty States, Thirteen Circuits, and One |
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+"Clearly Established Federal Law"—Why the Supreme Court is the Only |
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+Relevant |
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+AND |
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+fair warning that the conduct at issue infringed upon a constitutional right. 25 |
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+ |
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+ |
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+====Only the court can create clearly established immunity law- vote neg on presumption because congressional action is ignored ==== |
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+**Kinports, Law @Penn, Winter 16** |
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+(Kit, http://www.minnesotalawreview.org/headnotes/supreme-courtE28099s-quiet-expansion-qualified-immunity-2/ |
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+The Essay concludes that, while the most troubling aspect of this pattern is the |
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+AND |
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+government actors seeking immunity or the lower courts tasked with resolving their claims. |
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+ |
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+ |
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+====No override – interest groups ensure that Congress doesn't override Supreme Court decisions==== |
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+Eskridge, 91 – Professor of Law, Georgetown University Law Center, John A. Garver Professor of Jurisprudence at Yale Law School (William N., "Overriding Supreme Court Statutory Interpretation Decisions", 101 Yale L.J. 331 1991-1992, 19991, http://digitalcommons.law.yale.edu/cgi/viewcontent.cgi?article=4816andcontext=fss_papers)//TT |
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+Why does Congress not override more of the Supreme Court's statutory decisions?140 The |
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+AND |
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+was weak (Gilbert) or had lost force over time (Boutilier). |
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+ |
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+ |
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+====The net benefit is Judicial Independence=== |
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+ |
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+ |
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+====Trump is challenging the Court's legitimacy – threatens judicial independence and checks on power. Beinart 16==== |
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+Peter Beinart, 6-1-2016, "The Problem With a Presidential Candidate Who Goes After Judges," Atlantic, http://www.theatlantic.com/politics/archive/2016/06/the-gop-front-runner-takes-aim-at-the-independent-judiciary/485087/ |
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+Commentators often call Donald Trump a threat to American democracy. That's not quite right |
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+AND |
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+way to the White House. But he's unlikely to be the last. |
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+ |
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+ |
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+====QI is SCOTUS jurisdiction – that's the Stokes and Kinsport ev on the CP==== |
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+ |
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+ |
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+====Lack of independent judiciary lets Trump do whatever he wants. Liptak 16==== |
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+Adam Liptak, 6-3-2016, "Donald Trump Could Threaten U.S. Rule of Law, Scholars Say," New York Times, http://www.nytimes.com/2016/06/04/us/politics/donald-trump-constitution-power.html?_r=0 VC |
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+And, in what was a tipping point for some, he attacked Judge Gonzalo |
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+AND |
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+has a lawsuit in a private capacity, which is much more disturbing." |
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+ |
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+ |
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+====Even a fraction of Trump's agenda triggers global war. Bell 15==== |
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+Matthew Bell, 9-7-2015, "'If he did 1/10th of what he's planning, he would trigger a global trade war'," Public Radio International, http://www.pri.org/stories/2015-09-07/if-he-were-president-donald-trump-says-world-would-respect-america-and-fear-it VC |
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+The candidate explained why the central theme of his campaign is resonating with voters during |
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+AND |
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+a kind of global recession and cost lots of jobs," Rennie says. |
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+ |
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+ |
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+====Trump nukes ISIS – results in massive civilian casualties and Middle East destabilization. Hobbus 15==== |
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+**R. Hobbus 15, J.D., investigative journalist specializing in international politics, "Trump: I Will Absolutely Use A Nuclear Weapon Against ISIS," 8/10, Real News Right Now, http://realnewsrightnow.com/2015/08/trump-i-will-absolutely-use-a-nuclear-weapon-against-isis/** |
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+NEW YORK, Ny. – In response to a question regarding his policy on |
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+AND |
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+set diplomacy and stability in the region back at least a hundred years." |
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+ |
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+ |
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+====ME war goes nuclear – causes extinction. Russel 9==== |
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+**Russell 9 – Senior Lecturer in the Department of National Security Affairs @ Naval Postgraduate School ** |
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+**James, "Strategic Stability Reconsidered: Prospects for Nuclear War and Escalation in the ** |
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+**AND** |
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+of the region, with substantial risk for the entire world. |
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+ |
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+ |
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+ |
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+====Democratic transitions are coming now but will fail absent Supreme Court leadership – each decision is key==== |
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+**Suto 11, Research Associate at Tahrir Institute and J.D. ** |
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+~~07/15/11, Ryan Suto is a Research Associate at Tahrir Institute for Middle East Policy, has degrees in degrees in law, post-conflict reconstruction, international relations and public relations from Syracuse Law, "Judicial Diplomacy: The International Impact of the Supreme Court", http://jurist.org/dateline/2011/07/ryan-suto-judicial-diplomacy.php~~ |
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+The Court is certainly the best institution to explain to scholars, governments, lawyers |
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+AND |
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+key legal concepts. This is an opportunity that should not be wasted. |
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+ |
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+ |
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+====Democracy prevents global wars==== |
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+**Kagan '15** |
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+~~Bob. Senior Fellow for Foreign Policy at Brookings. "Is Democracy in Decline? The Weight of Geopolitics" 1/25/15 http://www.brookings.edu/research/articles/2015/01/democracy-in-decline-weight-of-geopolitics-kagan //GBS-JV~~ |
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+Diamond and others have noted how important it was that these "global democratic norms |
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+AND |
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+neighbors was due to U.S. actions after World War II. |