Americans should demand the Patriot act and the NDAA be repealed

See, this is what happens when you don't check your email for a few days. An idea for Debate.org mods: Add text notifications as an option for debate alerts.... I credit my opponent for having a serious working knowledge of both pieces of legislation, something very few debaters, and indeed, activists, have. Unfortunately, since my opponent did not address my points consecutively or concretely, my further answers may be a bit muddied. I will attempt to keep this debate as linear as possible. Looking back on my closing summary in Round #1: 1. Neither of these laws are wholly unConstitutional. 2. Repealing the 2012 NDAA would have no effect on the powers within, and therefore be a wasted effort. 3. Repealing federal laws in general is not effective or a worthy use of time, and particularly with laws related to National Security, has not made nearly any progress since 9-11. It would be better for the American people to demand their states and local governments recognize the law as unConstitutional and refuse to allow it to be enforced if the end goal is to block the power from being utilized. In my opponent's opening statements, they concede that neither the entirety of the "NDAA" (I will again assume my opponent means the 2012 NDAA) nor the USA PATRIOT Act is unConstitutional. My opponent only argues that certain sections are unConstitutional, lining up with my first point of contention. This directly contradicts my opponent's statement in Round 1: "These are in direct violation of the constitution" Thus, my opponent concedes that "these" meaning the entire acts, are not wholly in direct violation of the Constitution. In response to my second point of contention, my opponent states: "To claim that eliminating these two sections would do nothing to hinder the claimed powers is a fallacy." To back up his assertion, he claims that, though the AUMF requires the President to tie any individual he chooses to use force against to 9-11, President Obama did not claim Anwar-Al-Awlaki, an American citizen assassinated via drone strike, was tied to 9-11.Therefore, the AUMF was not all they needed to commit such acts. This means repealing the detention provisions, section 1021 and 1022, of the 2012 NDAA would actually "hinder" Presidential power. This is a confusing leap in logic, and my opponent is incorrect. 1. Since it seems my opponent assumes that proving the AUMF was no real authority for a military assassination counters my point, I never asserted that the Authorization for Use of Military Force was the ONLY authority the President could pull on to use the powers behind the 2012 NDAA. In fact, I claimed the opposite in Round #1: "In Hamdi v. Rumsfeld, the Bush Administration argued that it could detain an American citizen captured on a foreign battlefield under two premises: the 2001 AUMF, AND plenary, or inherent, Commander-In-Chief authority under Article II of the Constitution (Emphasis added.)" 2. Anwar-Al-Awlaki's assassination was in September 2011. A military type assassination is allowed under the 2012 NDAA. Yet, the 2012 NDAA was signed on December 31st, 2011...3 months after Awlaki's assassination. Yasir Hamdi, an American citizen militarily detained by the United States, was captured in 2001. The U.S. Supreme Court agreed that he could be detained under the 2001 AUMF. The 2012 NDAA was signed 10 years later. Jose Padilla', another American citizen, was detained by the U.S. Military in 2002, and denied a civilian trial as an Enemy Combatant. The 2012 NDAA was signed 9 years later. It is undeniable that the powers statutorily authorized in the 2012 NDAA were claimed, and exercised, before the statute went into effect. As if any further proof is needed, the Federal government issued a memorandum in March 2009, and cited by Federal Judge Katherine Forrest in her May 2012 temporary injunction against Section 1021, claiming the authority to do everything now in the 2012 NDAA: "The President has the authority to detain persons that the President determines planned, authorized, committed, or aided the terrorist attacks that occurred on September 11, 2001, and persons who harbored those responsible for those attacks. The President also has the authority to detain persons who were part of or substantially supported, Taliban or al-Qaida forces or associated forces that are engaged in hostilities against the United States or its coalition partners, including any person who has committed a belligerent act, or has directly supported hostilities, in the aid of such enemy forces. " http://pandaunite.org... Compare this to Section 1021 (b) 1 and (b) 2 of the 2012 NDAA, which defines who can be targeted with military action: "(b) Covered Persons- A covered person under this section is any person as follows: (1) A person who planned, authorized, committed, or aided the terrorist attacks that occurred on September 11, 2001, or harbored those responsible for those attacks. (2) A person who was a part of or substantially supported al-Qaeda, the Taliban, or associated forces that are engaged in hostilities against the United States or its coalition partners, including any person who has committed a belligerent act or has directly supported such hostilities in aid of such enemy forces." It is evidently clear that, although the statutory authority did not yet exist, the government claimed it anyway. 3. This leads to my final point, which my opponent agrees with although they may not realize it yet. Since my opponent rightly shows that, in a reading of the text, the 2001 AUMF did not grant the President the authority to assassinate an American citizen, as the 2012 NDAA statutorily does, there must be some other authority he claimed. After all, the guy WAS assassinated by an American drone. Indeed there was. Attorney General Eric Holder cited the AUMF as the Presidential authority to do so: "The legal authority in which Holder claimed to find support was the Authorization for the Use of Military Force (AUMF)..." http://townhall.com... Although the AUMF does not statutorily allow the President to use military force against an American citizen, Holder claimed it gave the President that authority. Thus, my opponent is wrong when he says "To claim that eliminating these two sections would do nothing to hinder the CLAIMED POWERS is a fallacy (Emphasis added.)" Holder literally does not reference the 2012 NDAA when claiming the same power. The claimed powers, even in the one case my opponent picked, existed months before the 2012 NDAA, and will continue to exist long after the 2012 NDAA is repealed. This leads us to my final contention. Repealing these laws is wasted effort and ineffective, and state or local legislation is a better way to go. Since my opponent offers no facts to challenge this, and even partially agrees "Seeking cooperation from state governments would be a great way to start.", I conclusively win this point. My foremost apologies for missing round #2, and I look forward to my opponent's reply.