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Wording Paper Work - List Group

Wording Paper Work - List Group

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Published by Sarah Spring
CEDA
CEDA

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Published by: Sarah Spring on Aug 09, 2013
Copyright:Attribution Non-commercial

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04/02/2014

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Proposed Wording
 –
List Group
Resolved: the United States federal government should increase statutory restrictionson the [Commander in Chief / presidential war powers] of the President of the UnitedStates to: utilize targeted killing attacks launched from unmanned aircraft systems;conduct offensive cyber operations; engage in warrantless domestic electronicsurveillance; conduct covert operations; or detain enemy combatants.Alternate wordings (*that present issues for potential discussion):Resolved: the United States federal government should increase statutory restrictionson one or more of the following [Commander in Chief / presidential war powers] of the President of the United States: targeted killing attacks launched from unmannedaircraft systems; offensive cyber operations; warrantless domestic electronicsurveillance; covert operations; or detention of enemy combatants.Resolved: the United States federal government should increase statutory restrictionson the [Commander in Chief / presidential war powers] of the President of the UnitedStates to: utilize targeted killing attacks launched from unmanned aircraft systems;conduct offensive cyber operations; engage in warrantless domestic electronicsurveillance; conduct covert operations; detain enemy combatants; or introduceUnited States Armed Forces into hostilities.Resolved: the United States federal government should increase statutory restrictionson the [Commander in Chief / presidential war powers] of the President of the UnitedStates to: utilize targeted killing attacks launched from unmanned aircraft systems;conduct offensive cyber operations; conduct covert operations; or introduce UnitedStates Armed Forces into hostilities.
 
List Group - Goals
This analysis is designed to supplement the original controversy paper in terms of wording choices for a list-oriented resolution(s).As the original topic paper suggests, on pages 91-92
“Given our research, we suggest inclusion of the following war po
wers:
• designate and detain enemy combatants;
 
• conduct covert military operations;
extraterritorial
• use domestic wiretapping;
 
• deploy military force without congressional approval (e.g., UAVs, Offensive Cyber Operations,
 *Support for United Nations or NATO operations,*
Preventive or Preemptive unilateral action)…
 
“…However,
we want to be clear that not all of these powers must be included and these do not haveto be the only presidential war powers that can be included.
 
There are many other issues such asauthorization to use nuclear weapons, regulation of military personal, operation of military courts andother matters that could be debated
and are discussed within the literature. We selected these areaslisted above because they appear to be the most recently and frequently debated issues in the literature
base.”
 
The proposed resolution discusses several of the above areas deemed most viable fordebate on this topic. It excludes support for United Nations or NATO operations andpreventive or preemptive unilateral operations from the original paper in favor of more developed debate in the other areas.We also noted that controversy paper authors indicated a desire for a list of specificpowers in the resolution. Some original phrases in the controversy paper wereperhaps too loose or broad and this analysis attempts to tighten up wording to allowquality areas for debate, while restricting areas we might not want to debate such as
“deploy weapons to X country”.
 
Kelly Young on the CEDA Forum(http://www.cedadebate.org/forum/index.php?topic=4800.msg10633#msg10633):
“Your concern is a valid one that we considered as we drafted the paper. We think the conventional or
non-nuclear issues are rather robust without bringing in all of the nuclear weapon authority issues. Forthis reason,
we think a list of specific powers would be the best option.
 
Our ‘List/Limited
’ and‘Passive/Limited’
options on page 92 of the paper attempt to specify to exclude areas like nuclear
authority….
Unfortunately with these wording, our intent does not match well with our product. The
‘Deploy military forces without congressional approval’ likely allows for no first use and deploy
 
weapons to X country.
I don't think it allows some of the other examples, but I can't say with certainty.As I admitted in the controversy paper
, the "deploy military forces without congressional approval" isvery loose and needs to be tightened up substantially with wording papers to cover UAVs, OSOs, andother areas without allowing everything in.
I'm not very good at specific wording, so
this wording wasconvenient because it captured several areas we highlight in the paper, but admittedly isn't veryrestrictive
. Something like ‘conventional military forces’ or ‘non
-nuclear
military forces’ might resolve
the concern rather easily. On the other hand, the broad wording options would allow these affirmatives,
unless ‘conventional’ or ‘non
-
nuclear’ is added before Commander
-in-Chief/presidential war powers.That seems more awkwa
rd in wording to me, so I would opt for the lists above.”
Rather than reconsidering issues vetted by the controversy paper, like whatarguments are likely under each area, this paper focuses on what wording thecommittee might like to consider to allow debate in the areas discussed in thecontroversy area.

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