Can’t solve: CIL has been influenced by totalitarian countries.
McGinnis 6 (John, professor of law at Northwestern University's School of Law, Harvard Journal of Law and Public Policy, Fall 2006, http://www.law.harvard.edu/students/orgs/jlpp/Vol30_No1_McGinnisonline.pdf) NK
Second, undemocratic, even totalitarian, nations wield influence on international law. This influence is most obvious in multilateral human rights treaties, like the U.N. Convention on the Rights of the Child,9 which are often asserted as a basis for customary international law even if not ratified by the United States.10 Totalitarian nations like the Soviet Union and communist China participated in the negotiations of these treaties. One can hardly be confident that the same provisions would have emerged absent the influence of those “evil empire[s].”11 Consider this analogy: Should the United States give domestic effect to provisions of treaties that it did not ratify, but that instead were approved by Nazi Germany and other Axis powers?
Can’t solve: CIL law doesn’t have the solvency that domestic law has.
McGinnis 6 (John, professor of law at Northwestern University's School of Law, Harvard Journal of Law and Public Policy, Fall 2006, http://www.law.harvard.edu/students/orgs/jlpp/Vol30_No1_McGinnisonline.pdf) NK
Thus, international law has many democratic deficits. Domestic democracy is far from perfect, but elections, deliberation, and the scrutiny of public officials provide substantial assurance that norms beneficial for Americans will develop over time. Defenders of international law sometimes note that the American legal system makes use of undemocratic norms, like custom and the common law. But international law simply does not possess the virtues of domestic custom or the common law. For example, the notion behind efficient custom is that individuals interacting reciprocally and repeatedly will adopt norms that maximize their joint surpluses.15 Because nations rather than people create customary international law, it is not well designed to maximize the welfare of people.16
Courts will rollback
Rollback - The Courts
Cooper 2 [Phillip, Professor of Public Administration @ Portland State University, By Order of the President: The Use and Abuse of Executive Direct Action” pg..77]
Despite the apparent deference by the judiciary to the president's orders, this chapter has plainly demonstrated any number of instances in which the White House has lost in court. Executive orders, both legal and illegal, can expose officials to liability. It is an old argument, developed long before the battle over the so-called Nuremberg defense, that illegal orders do not insulate a public official from liability for his or her actions. The classic example harks back to Little v. Barreme 13 1 during the Washington administration. Even legal orders can expose the government to liability. Though the federal courts have often upheld dramatic actions taken by the president during difficult periods, they have not been hesitant to support claims against the government later. The many cases that were brought involving the U.S. Shipping Board Emergency Fleet Corporation after World War I provide examples of just how long such postorder legal cleanup can take and how much it can Cost. 112 Later, in a 1951 case, the Supreme Court subjected government to claims by business for the damages done to their interests during the government's operation of the coal mines during World War II after FDR seized the mines in 1943.133 Thus, the legal issues that may arise are concerned with both the validity of orders and with addressing the consequences of admittedly legitimate decrees.
Future Presidents Rollback
Future Presidents-Rollback
Cooper 97 [Phillip, Professor of Poli Sci @ University of Vermont, Administration and Society, Lexis]
Even if they serve temporary goals, executive orders can produce a significant amount of complexity and conflict and not yield a long-term benefit because the next president may dispose of predecessors’ orders at a whim. It may be easier than moving a statute through Congress and faster than waiting for agencies to use their rule-making processes to accomplish policy ends, but executive orders may ultimately be a much weaker foundation on which to build a policy than the alternatives.
Presidential Powers –Non Unique
Obama has large amounts of presidential control
Baker 10, (Obama Making Plans to Use Executive Power By PETER BAKER Published: February 12, 2010, http:/ /www.nytimes.com/2010/02/13/us/politics/13obama.html?_r=1)
Any president has vast authority to influence policy even without legislation, through executive orders, agency rule-making and administrative fiat. And Mr. Obama’s success this week in pressuring the Senate to confirm 27 nominations by threatening to use his recess appointment power demonstrated that executive authority can also be leveraged to force action by Congress.
Presidential control increasing
Baker 10, (Obama Making Plans to Use Executive Power By PETER BAKER Published: February 12, 2010, http:/ /www.nytimes.com/2010/02/13/us/politics/13obama.html?_r=1)
Mr. Obama has already decided to create a bipartisan budget commission under his own authority after Congress refused to do so. His administration has signaled that it plans to use its discretion to soften enforcement of the ban on openly gay men and lesbians serving in the military, even as Congress considers repealing the law. And the Environmental Protection Agency is moving forward with possible regulations on heat-trapping gases blamed for climate change, while a bill to cap such emissions languishes in the Senate.
Presidential power increasing now
Fox 10, (News, Obama Poised to Use Executive Power to Muscle Through Domestic Agenda
Published February 13, 2010 | FOXNews.com, http://www.foxnews.com/politics/2010/02/13/obama-poised-use-executive-power-muscle-domestic-agenda/) WDK
Faced with a resurgent GOP and a largely stalled legislative agenda, President Obama is planning to use his executive powers to forge ahead with his domestic initiatives, including on energy, the environment and the economy, The New York Times reported. "We are reviewing a list of presidential executive orders and directives to get the job done across a front of issues," White House Chief of Staff Rahm Emanuel told the newspaper. But aides told the newspaper that Obama is still hopeful that progress can be made on Capitol Hill, citing the bipartisan summit on health care scheduled later this month. Yet the GOP's stunning capture last month of the Senate seat previously held by Ted Kennedy has prompted the White House to prepare to go solo to break any partisan gridlock heading into the midterm elections. The president has a range of powers -- from executive orders to agency initiatives -- that don't require legislative action, and White House officials argue that the increased focus on executive powers is not uncommon in the second year of any presidency.
Share with your friends: |
