topicality - west coast web viewthe first definition of the word "substantial" given by...

WNDI 2011 Topicality

Topicality

Topicality1Resolution2

Generic Terms3Resolved Mandates Action4The United States Federal Government (USFG)5Should Expresses Duty7Its8Substantially == Quantitative9Substantially = Quantitative12Substantial Specific Values13Increase Doesnrsquot Require Pre-existence14Increase Requires Pre-existence16Increase FX T18AndOr19

Topic Specific20Space Exploration 4 Areas21Space Exploration Only Human Presence22Space Exploration Includes Robotics24Space Development includes Research and Development26Beyond Earthrsquos mesosphere27Beyond the Earthrsquos Mesosphere Shell29Specific Affs31Space Exploration Includes TourismCol32Space Exploration Definition is Fluctuating33Space Exploration Includes Study of the Earth and Energy Sources35Space Exploration includes R and D for new Transportation36Space Exploration Includes Study of Human Life37Preliminary research qualifies as exploration39Exploration includes Satellites41Mars is Space Exploration42


Resolution

Resolved The United States Federal Government should substantially increase its exploration andor development of space beyond the Earthrsquos mesosphere


Generic Terms


Resolved Mandates Action

Resolved is a firm decisionThe New Oxford American Dictionary 2005 resolution nrdquo second edition Ed Erin McKean Oxford University Press 2005 Oxford Reference Online Oxford University Press httpwwwoxfordreferencecomviewsENTRYhtmlsubview=Mainampentry=t183e65284a firm decision to do or not to do something she kept her resolution not to see Anne any more a New Years resolution

Resolved is to take action The New Oxford American Dictionary 2005resolution n second edition Ed Erin McKean Oxford University Press 2005 Oxford Reference Online Oxford University Press httpwwwoxfordreferencecomviewsENTRYhtmlsubview=Mainampentry=t183e65284the action of solving a problem dispute or contentious matter the peaceful resolution of all disputes | a successful resolution to the problem


The United States Federal Government (USFG)

Federal government is central government not individual statesWebsterrsquos DictionaryUNABRIDGED p 833 Federal government Of or relating to the central government of a nation having the character of a federation as distinguished from the governments of the constituent unites (as states or provinces)

The USFG is the national government consisting of three branchesBritannica Online Encyclopedia 2006 Encyclopedia Britannica Inc httpwwwbritannicacomsearchquery=Federal+Governmentampct=

The government of the United States established by the Constitution is a federal republic of 50 states a few territories and some protectorates The national government consists of the executive legislative and judicial branches The head of the executive branch is the President of the United States The legislative branch consists of the United States Congress while the Supreme Court of the United States is the head of the judicial branch The federal legal system is based on statutory law while most state and territorial law is based on English common law with the exception of Louisiana and Puerto Rico The United States accepts compulsory ICJ jurisdiction with reservations of the federal republic

The USFG is the central authority and sovereignty of the USThe Columbia Encyclopedia 2001 Sixth Edition httpwwwbartlebycom65fefederalghtml

The United States federal government of a union of states in which sovereignty is divided between a central authority and component state authorities


ldquoUnited States federal governmentrdquo is a combination of agencies

Encarta World Online Encyclopedia 2006 httpencartamsncomencyclopedia_1741500781United_States_(Government)html

United States Government the combination of federal state and local laws bodies and agencies that is responsible for carrying out the operations of the United States The federal government of the United States is centered in Washington DC

ldquoUnited States federal governmentrdquo is a national government

Merriam-Websterrsquos Collegiate Dictionary 2002 Merriam-Webster Inc Collegiate Tenth Edition httpwwwm-wcomcgi-bindictionary

A federation of states especially when forming a nation in a usually specified territory

ldquoUnited States federal governmentrdquo is a governing system concerning the entire nation


The United States federal government is the area in a governing system concerned with areas that affect the entire nation such as defense international relations taxation and trade

United States means the sovereign state called the United StatesBallentines 95 (Legal Dictionary and Thesaurus p 689)

a sovereign nation or sovereign state called the ldquoUnited Statesrdquo

United States means the territory over which the sovereign nation of the United States exercises sovereign powerBallentines 95 (Legal Dictionary and Thesaurus p 689)

the territory over which this sovereign nation called the ldquoUnited Statesrdquo exercises sovereign power


Should Expresses Duty

Should means mustDictionarycom rsquo11 (Random House Inc 2011 httpdictionaryreferencecombrowseshould)must ought (used to indicate duty propriety or expediency

Should expresses duty ndash most predictable defDictionarycom rsquo11 (Random House Inc 2011 httpdictionaryreferencecombrowseshould)Rules similar to those for choosing between shall and will have long been advanced for should and would but again the rules have had little effect on usage In most constructions would is the auxiliary chosen regardless of the person of the subject If our allies would support the move we would abandon any claim to sovereignty You would be surprised at the complexity of the directions Because the main function of should in modern American English is to express duty necessity etc (You should get your flu shot before winter comes) its use for other purposes as to form a subjunctive can produce ambiguity at least initially I should get my flu shot if I were you Furthermore should seems an affectation to many Americans when used in certain constructions quite common in British English Had I been informed I should (American would) have called immediately I should (American would) really prefer a different arrangement As with shall and will most educated native speakers of American English do not follow the textbook rule in making a choice between should and would See also shall


Its

lsquoItsrsquo is possessiveEnglish Grammar 5 (Glossary of English Grammar Terms httpwwwusingenglishcomglossarypossessive-pronounhtml)

Mine yours his hers its ours theirs are the possessive pronouns used to substitute a noun and to show possession or ownership EG This is your disk and thats mine (Mine substitutes the word disk and shows that it belongs to me)


Substantially == Quantitative

Substantially must be given meaning --- contextual uses are keyDevinsky 2 (Paul ldquoIs Claim Substantially Definite Ask Person of Skill in the Artrdquo IP Update 5(11) November httpwwwmwecomindexcfmfuseactionpublicationsnldetailobject_idc2c73bdb-9b1a-42bf-a2b7-075812dc0e2dcfm)

In reversing a summary judgment of invalidity the US Court of Appeals for the Federal Circuit found that the district court by failing to look beyond the intrinsic claim construction evidence to consider what a person of skill in the art would understand in a technologic context erroneously concluded the term substantially made a claim fatally indefinite Verve LLC v Crane Cams Inc Case No 01-1417 (Fed Cir November 14 2002) The patent in suit related to an improved push rod for an internal combustion engine The patent claims a hollow push rod whose overall diameter is larger at the middle than at the ends and has substantially constant wall thickness throughout the rod and rounded seats at the tips The district court found that the expression substantially constant wall thickness was not supported in the specification and prosecution history by a sufficiently clear definition of substantially and was therefore indefinite The district court recognized that the use of the term substantially may be definite in some cases but ruled that in this case it was indefinite because it was not further defined The Federal Circuit reversed concluding that the district court erred in requiring that the meaning of the term substantially in a particular technologic context be found solely in intrinsic evidence While reference to intrinsic evidence is primary in interpreting claims the criterion is the meaning of words as they would be understood by persons in the field of the invention Thus the Federal Circuit instructed that resolution of any ambiguity arising from the claims and specification may be aided by extrinsic evidence of usage and meaning of a term in the context of the invention The Federal Circuit remanded the case to the district court with instruction that [ t]he question is not whether the word substantially has a fixed meaning as applied to constant wall thickness but how the phrase would be understood by persons experienced in this field of mechanics upon reading the patent documents

lsquoSubstantialrsquo is ambiguous set a high threshold for rejecting Plan Stark 97 (Stephen J ldquoKey Words And Tricky Phrases An Analysis Of Patent Drafters Attempts To Circumvent The Language Of 35 USCrdquo Journal of Intellectual Property Law Fall 5 J Intell Prop L 365 Lexis)

1 Ordinary Meaning First words in a patent are to be given their ordinary meaning unless otherwise defined 30 However what if a particular word has multiple meanings For example consider the word substantial The Webster dictionary gives eleven different definitions of the word substantial 31 Additionally there are another two definitions specifically provided for the adverb substantially 32 Thus the ordinary meaning is not clear The first definition of the word substantial given by the Websters Dictionary is of ample or considerable amount quantity size etc 33 Supposing that this is the precise definition that the drafter had in mind when drafting the patent the meaning of ample or considerable amount appears amorphous This could have one of at least the following interpretations (1) almost all (2) more than half or (3) barely enough to do the job Therefore the use of a term such as substantial which


usually has a very ambiguous meaning makes the scope of protection particularly hard to determine

Substantial means of real worth or considerable value this is the usual and customary meaning of the termWords and Phrases 2 (Volume 40A p 458)

DSC 1966 The word ldquosubstantialrdquo within Civil Rights Act providing that a place is a public accommodation if a ldquosubstantialrdquo portion of food which is served has moved in commerce must be construed in light of its usual and customary meaning that is something of real worth and importance of considerable value valuable something worthwhile as distinguished from something without value or merely nominal

ldquoSubstantialrdquo means considerable or to a large degree this common meaning is preferable because the word is not a term of artArkush 2 (David JD Candidate ndash Harvard University ldquoPreserving Catalyst Attorneys Fees Under the Freedom of Information Act in the Wake of Buckhannon Board and Care Home v West Virginia Department of Health and Human Resourcesrdquo Harvard Civil Rights-Civil Liberties Law Review Winter 37 Harv CR-CL L Rev 131)

Plaintiffs should argue that the term substantially prevail is not a term of art because if considered a term of art resort to Blacks 7th produces a definition of prevail that could be interpreted adversely to plaintiffs 99 It is commonly accepted that words that are not legal terms of art should be accorded their ordinary not their legal meaning 100 and ordinary-usage dictionaries provide FOIA fee claimants with helpful arguments The Supreme Court has already found favorable temporally relevant definitions of the word substantially in ordinary dictionaries Substantially suggests considerable or specified to a large degree See Websters Third New International Dictionary 2280 (1976) (defining substantially as in a substantial manner and substantial as considerable in amount value or worth and being that specified to a large degree or in the main) see also 17 Oxford English Dictionary 66-67 (2d ed 1989) (substantial relating to or proceeding from the essence of a thing essential of ample or considerable amount quantity or dimensions) 101


Substantial means ldquoof considerable amountrdquo not some contrived percentageProst 4 (Judge ndash United States Court of Appeals for the Federal Circuit ldquoCommittee For Fairly Traded Venezuelan Cement v United Statesrdquo 6-18 httpwwwllgeorgetownedufederaljudicialfedopinions04opinions04-1016html)

The URAA and the SAA neither amend nor refine the language of sect 1677(4)(C) In fact they merely suggest without disqualifying other alternatives a ldquoclearly highersubstantial proportionrdquo approach Indeed the SAA specifically mentions that no ldquoprecise mathematical formulardquo or ldquolsquobenchmarkrsquo proportionrdquo is to be used for a dumping concentration analysis SAA at 860 (citations omitted) see also Venez Cement 279 F Supp 2d at 1329-30 Furthermore as the Court of International Trade noted the SAA emphasizes that the Commission retains the discretion to determine concentration of imports on a ldquocase-by-case basisrdquo SAA at 860 Finally the definition of the word ldquosubstantialrdquo undercuts the CFTVCrsquos argument The word ldquosubstantialrdquo generally means ldquoconsiderable in amount value or worthrdquo Websterrsquos Third New International Dictionary 2280 (1993) It does not imply a specific number or a cutoff What may be substantial in one situation may not be in another situation The very breadth of the term ldquosubstantialrdquo undercuts the CFTVCrsquos argument that Congress spoke clearly in establishing a standard for the Commissionrsquos regional antidumping and countervailing duty analyses It therefore supports the conclusion that the Commission is owed deference in its interpretation of ldquosubstantial proportionrdquo The Commission clearly embarked on its analysis having been given considerable leeway to interpret a particularly broad term

Substantial means considerable in quantity

Merriam-Webster 2003 (wwwm-wcom)

Main Entry submiddotstanmiddottial b considerable in quantity significantly great ltearned a substantial wagegt

Substantially means to a great extent or considerably

Wordnet 2003 (Princeton University version 20 httpdictionaryreferencecombrowsesubstantially)

substantiallyadv 1 to a great extent or degree Im afraid the film was well over budget painting the room white made it seem considerably (or substantially) larger the house has fallen considerably in value the price went up substantially [syn well considerably] 2 in a strong substantial way the house was substantially builtrdquo


Substantially = Quantitative

substantial increase is at least 30

Bryson 2001 Circuit Judge US Court of Appeals Federal Circuit265 F3d 1371 2001 US App LEXIS 20590 60 USPQ2D (BNA) 1272 919 lexis)

The term to increase substantially in claim 1 of the 705 patent refers to the claimed increase achieved by the invention in the relative productivity of the catalyst used in the Fischer-Tropsch process The specification defines substantially increased catalyst activity or productivity as an increase of at least about 30 more preferably an increase of about 50 and still more preferably an increase of about 75 705 patent col 1 ll 59-63 Based on that language from the specification the trial court found and the parties agree that the term to increase substantially requires an increase of at least about 30 in the relative productivity of the catalyst Notwithstanding that numerical boundary the trial court found the phrase to increase substantially to be indefinite because the court concluded that there were two possible ways to calculate the increase in productivity the subtraction method and the division method and the patent did not make clear which of those ways was used in the claim

substantially is at least 90

Words and Phrases 2005 (v 40B p 329)

NH 1949 The word ldquosubstantially rdquo as used in provision of Unemployment Compensation Act that experience rating of an employer may be transferred to an employing unit which acquires the organization trade or business or ldquosubstantiallyrdquo all of the assets thereof is an elastic term which does not include a definite fixed amount of percentage and the transfer does not have to be 100 per cent but cannot be less than 90 per cent in the ordinary situation RL c 218 sect 6 subd F as added by Laws 1945 c138 sect 16


Substantial Specific Values

Substantial is an increase of at least $679 million-empirically provenAAAS lsquo2 (Advancing Science Serving Society10162002 ldquoHouse Boosts NASA Request Adds Earmarks and Outer Planets Missionsrdquo httpwwwaaasorgspprdnasa03hpdf)Two-thirds of the NASA budget which excludes the Space Shuttle program and its associated costs is classified as RampD NASArsquos RampD would total $109 billion in the House plan slightly above the Senate allocation a substantial $697 million or 69 percent above FY 2002 and $258 million above the request Because the Space Shuttle program and other non-RampD programs would decline the total NASA budget of $153 billion would show a smaller increase (up 27 percent) (For details of the Senate appropriation for NASA RampD see the August 6 AAAS RampD Funding Update For details of the request for NASA see Chapter 10 of AAAS Report XXVII RampD FY 2003)

A substantial increase is in billions defined contextuallyAAAS lsquo2 (Advancing Science Serving Society10162002 ldquoHouse Boosts NASA Request Adds Earmarks and Outer Planets Missionsrdquo httpwwwaaasorgspprdnasa03hpdf)The Science Aeronautics and Technology (SAT) account which funds nearly all of NASArsquos RampD not related to the Space Station would receive $91 billion 136 percent or $11 billion above the FY 2002 funding level This substantial increase would go primarily to the Space Science and the Aero-Space Technology Programs as in the Senate proposal


Increase Doesnrsquot Require Pre-existence

Increase doesnrsquot require pre-existence just requires making something greaterReinhardt 5 (US Judge for the UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT (Stephen JASON RAY REYNOLDS MATTHEW RAUSCH Plaintiffs-Appellants v HARTFORD FINANCIAL SERVICES GROUP INC HARTFORD FIRE INSURANCE COMPANY Defendants-Appellees lexis)

Specifically we must decide whether charging a higher price for initial insurance than the insured would otherwise have been charged because of information in a consumer credit report constitutes an increase in any charge within the meaning of FCRA First we examine the definitions of increase and charge Hartford Fire contends that limited to their ordinary definitions these words apply only when a consumer has previously been charged for insurance and that charge has thereafter been increased by the insurer The phrase has previously been charged as used by Hartford refers not only to a rate that the consumer has previously paid for insurance but also to a rate that the consumer has previously been quoted even if that rate was increased [23] before the consumer made any payment Reynolds disagrees asserting that under [1091] the ordinary definition of the term an increase in a charge also occurs whenever an insurer charges a higher rate than it would otherwise have charged because of any factor--such as adverse credit information age or driving record 8 --regardless of whether the customer was previously charged some other rate According to Reynolds he was charged an increased rate because of his credit rating when he was compelled to pay a rate higher than the premium rate because he failed to obtain a high insurance score Thus he argues the definitions of increase and charge encompass the insurance companies practice Reynolds is correct ldquoIncrease means to make something greater See eg OXFORD ENGLISH DICTIONARY (2d ed 1989) (The action process or fact of becoming or making greater augmentation growth enlargement extension) WEBSTERS NEW WORLD DICTIONARY OF AMERICAN ENGLISH (3d college ed 1988) (defining increase as growth enlargement etc[]) Charge means the price demanded for goods or services See eg OXFORD ENGLISH DICTIONARY (2d ed 1989) (The price required or demanded for service rendered or (less usually) for goods supplied) WEBSTERS NEW WORLD DICTIONARY OF AMERICAN ENGLISH (3d college ed 1988) (The cost or price of an article service etc) Nothing in the definition of these words implies that the term increase in any charge for should be limited to cases in which a company raises the rate that an individual has previously been charged

Increase can include an extension of time duration does not require a renewal of a programWord and Phrases 8 (vol 20B p 265)

Me 1922 Within Workmenrsquos Compensation Act sect 36 providing for review of any agreement award findings or decree and that member of Commission may increase diminish or discontinue compensation an ldquoincreaserdquo may include an extension of the time of the award ndashGraneyrsquos Case 118 A 369 121 Me500mdashWork Comp 2049



Increase Requires Pre-existence

Increase requires making an already existing program greater a new program is not topicalBuckley 6 (Jeremiah Attorney Amicus Curiae Brief Safeco Ins Co of America et al v Charles Burr et al httpsupremelpfindlawcomsupreme_courtbriefs06-8406-84meramimicapdf)

First the court said that the ordinary meaning of the word ldquoincreaserdquo is ldquoto make something greaterrdquo which it believed should not ldquobe limited to cases in which a company raises the rate that an individual has previously been chargedrdquo 435 F3d at 1091 Yet the definition offered by the Ninth Circuit compels the opposite conclusion Because ldquoincreaserdquo means ldquoto make something greaterrdquo there must necessarily have been an existing premium to which Edorsquos actual premium may be compared to determine whether an ldquoincreaserdquo occurred Congress could have provided that ldquoad-verse actionrdquo in the insurance context means charging an amount greater than the optimal premium but instead chose to define adverse action in terms of an ldquoincreaserdquo That def-initional choice must be respected not ignored See Colautti v Franklin 439 US 379 392-93 n10 (1979) (ldquo[a] defin-ition which declares what a term lsquomeansrsquo excludes any meaning that is not statedrdquo) Next the Ninth Circuit reasoned that because the Insurance Prong includes the words ldquoexisting or applied forrdquo Congress intended that an ldquoincrease in any chargerdquo for insurance must ldquoapply to all insurance transactions ndash from an initial policy of insurance to a renewal of a long-held policyrdquo 435 F3d at 1091 This interpretation reads the words ldquoexist-ing or applied forrdquo in isolation Other types of adverse action described in the Insurance Prong apply only to situations where a consumer had an existing policy of insurance such as a ldquocancellationrdquo ldquoreductionrdquo or ldquochangerdquo in insurance Each of these forms of adverse action presupposes an already-existing policy and under usual canons of statutory construction the term ldquoincreaserdquo also should be construed to apply to increases of an already-existing policy See Hibbs v Winn 542 US 88 101 (2004) (ldquoa phrase gathers meaning from the words around itrdquo) (citation omitted)

Increase requires pre-existence canrsquot determine something has been lsquomade greaterrsquo without reference to the previous conditionBrown 3 (US Federal Judge ndash District Court of Oregon (Elena Mark and Paul Gustafson Plaintiffs v Valley Insurance Company and Valley Property and Casualty Defendants 7-17 Lexis)

FCRA does not define the term increase The plain and ordinary meaning of the verb to increase is to make something greater or larger 4 Merriam-Websters [22] Collegiate Dictionary 589 (10th ed 1998) The something that is increased in the statute is the charge for any insurance The plain and common meaning of the noun charge is the price demanded for something Id at 192 Thus the statute plainly means an insurer takes adverse action if the insurer makes greater (ie larger) the price demanded for insuranceAn insurer cannot make greater something that did not exist previously The statutory definition of adverse action therefore clearly anticipates an insurer must have made an initial charge or demand for payment before the insurer can increase that charge In other words an insurer cannot increase the charge for insurance unless the insurer previously set and


demanded payment of the premium for that insureds insurance [23] coverage at a lower price


Increase FX T

lsquoIncreasersquo refers to a process not an outcome the plan itself must increase exploration andor development not simply lead to itHEFC 4 (Higher Education Funding Council httpwwwpublicationsparliamentukpajt200304jtselectjtchar1 67167we98htm n43)

91 The Draft Bill creates an obligation on the principal regulator to do all that it reasonably can to meet the compliance objective in relation to the charity[ 45] The Draft Bill defines the compliance objective as to increase compliance by the charity trustees with their legal obligations in exercising control and management of the administration of the charity[ 46] 92 Although the word increase is used in relation to the functions of a number of statutory bodies[47] such examples demonstrate that increase is u sed in relation to considerations to be taken into account in the exercise of a function rather than an objective in itself 93 HEFCE is concerned that an obligation on principal regulators to increase compliance per se is unworkable in so far as it does not adequately define the limits or nature of the statutory duty Indeed the obligation could be considered to be ever-increasing


AndOr

Andor means one or the other or bothWords and Phrases 07Volume 3A page 220 2007

CA1 (Mass) 1981 Words ldquoandorrdquo for contract purposes commonly mean the one or the other or both Local Division 589 Amalgamated Transit Union AFL-CIO CLC v Com of Mass 666 F2d 618 certiorari denied Local Div 589 Amalgamated Transit Union AFL-CIO v Massanotchusetts 102 SC 2928 457 US 1117 73 LEd2d 1329-Contracts 159

ldquoAndorrdquo denotes that items joined by it can be taken as alternatives or together

Oxford English Dictionary 08Draft Revision June Online Edition accessed August 1 2008

f andor (also and or) a formula denoting that the items joined by it can be taken either together or as alternatives Cf eitheror at EITHER adv 3c

ldquoAndorrdquo has significance in law and policy It allows the use of both ldquoandrdquo and ldquoorrdquo interchangeably for a group of terms

Ballentinersquos Law Dictionary 693d ed 1969 p 73

In statutes however the use of the expression ldquoandorrdquo has been considered to have a significance the view being that the intention of the legislature in using the expression is that the word ldquoandrdquo and the word ldquoorrdquo are to be construed as used interchangeably 50 Am Jurisprudence 1st Statutes

ldquoAndorrdquo has no definite meaning


[Andor is] something of a monstrosity in the English language used by draftsmen out of an over-abundance of caution So indefinite as to render an administrative order inoperative or unenforceable for lack of certainty 2 Am Jurisprudence 2d Administrative Law sect 462


Topic Specific


Space Exploration 4 Areas

4 areas of space exploration- from US Space Exploration Policy (Vision for Space Exploration 2004)

VSE 04httpwwwspacecommercegovgeneralnationalspacepolicy2004-VSEpdf

The Administrator of the National Aeronautics and Space Administration will be responsible for the plans programs and activities required to implement this vision in coordination with other agencies as deemed appropriate The

Administrator will plan and implement an integrated long-term robotic and human exploration program structured with measurable milestones and executed on the basis of available resources accumulated

experience and technology readiness To implement this vision the Administrator will conduct the following activities and take other actions as required A Exploration Activities in Low Earth Orbit Space Shuttle bull Return the Space Shuttle to flight as soon as practical based on the recommendations of the Columbia Accident Investigation Board bull Focus use of the Space Shuttle to complete assembly of the International Space Station and bull Retire the Space Shuttle as soon as assembly of the

International Space Station is completed planned for the end of this decade International Space Station bull Complete assembly of the International Space Station including the US components that support US space exploration goals and those provided by foreign partners planned for the end of this decade Focus US research and use of the International Space Station on supporting space exploration goals with emphasis on understanding how the space environment affects astronaut health and capabilities and developing countermeasures and bull Conduct International Space Station activities in a manner consistent with US obligations contained in the agreements between the United States and other partners in the

International Space Station B Space Exploration Beyond Low Earth Orbit The Moon bull Undertake lunar exploration activities to enable sustained human and robotic exploration of Mars and more distant destinations in the solar system bull Starting no later than 2008 initiate a series of robotic missions to the Moon to prepare for and support future human exploration activities bull Conduct the first extended human expedition to the lunar surface as early as 2015 but no later than the year 2020 and bull Use lunar exploration activities to further science and to develop and test new approaches technologies and systems including use of lunar and other space resources to support sustained human space

exploration to Mars and other destinations Mars and Other Destinations bull Conduct robotic exploration of Mars to search for evidence of life to understand the history of the solar system and to prepare for future human exploration bull Conduct robotic exploration across the solar system for scientific purposes and to support human exploration In particular explore Jupiterrsquos moons asteroids and other bodies to search for evidence of life to understand the history of the solar system and to search for resources bull Conduct advanced telescope searches for Earth-like planets and habitable environments around other stars bull Develop and demonstrate power generation propulsion life support and other key capabilities required to support more distant more capable andor longer duration human and robotic exploration of Mars and other destinations and bull Conduct human expeditions to Mars after acquiring adequate knowledge about the planet using robotic missions and after successfully

demonstrating sustained human exploration missions to the Moon C Space Transportation Capabilities Supporting Exploration bull Develop a new crew exploration vehicle to provide crew transportation for missions beyond low Earth orbit 1048766 Conduct the initial test flight before the end of this decade in order to provide an operational capability to support human exploration missions no later than 2014 bull Separate to the maximum practical extent crew from cargo transportation to the International Space Station and for launching exploration missions beyond low Earth orbit 1048766 Acquire cargo transportation as soon as practical and affordable to support missions to and from the International Space Station and 1048766 Acquire crew transportation to and from the International Space Station as required after the Space Shuttle is

retired from service D International and Commercial Participation bull Pursue opportunities for international participation to support US space exploration goals and bull Pursue commercial opportunities for providing transportation and other services supporting the International Space Station and exploration missions beyond low Earth orbit


Space Exploration Only Human Presence

Exploration is only human space travel robotic missions arenrsquot topicalWright 8 (Edward Project Manager ndash Teachers in Space Former President ndash X-Rocket LLC and Programming Writer ndash Microsoft Corporation Comment on ldquoA Move Against lsquoMars Mission Fundingrsquordquo Space Politics 6-28 httpwwwspacepoliticscom20060628a-move-against-mars-mission-funding)

Unmanned missions are not exploration they are merely reconnaissance The dictionary defines exploration as ldquotravel for purposes of discoveryrdquo Sitting in a control room looking at pictures of Mars on a TV set is not exploration because it does not involve travelCalling unmanned space ldquoexplorationrdquo and unmanned probes ldquospaceshipsrdquo is just an attempt to co-opt the languageMark further confuses the issue by defined ldquospace explorationrdquo to mean only missions conducted by NASA ignoring the fact that the private sector is also working on space exploration

Even if ldquoexplorationrdquo can include robots it must also have a human componentEhrenfreud 10 (P Space Policy Institute ndash George Washington University et al ldquoCross-Cultural Management Supporting Global Space Explorationrdquo Acta Astronautica 66(1-2) January-February p 245)

1 The European Space Agency ESA defines exploration as the ``travel through [and to] an unfamiliar area in order to learn about it and space exploration as ``extending access and a sustainable presence for humans in the EarthndashMoonndashMars space including the Lagrangian points and near-Earth objects [1] In this paper we adopt this definition of space exploration to explore robotically and later with humans neighboring planets and small bodies of our solar system


Space exploration is the expansion of human influence in space includes building capacity for expanding human influenceSabathier 9 (Vincent G Senior Associate in the Technology and Public Policy Program ndash Center for Strategic and International Studies ldquoThe Role of NASA 40 Years after the Lunar Landingrdquo 7-20 httpcsisorgpublicationrole-nasa-40-years-after-lunar-landing)

Space exploration is the expansion of human influence in space This definition of exploration is inherently one of capacity building Human influence in space is a measure of our ability to do useful things beyond the Earthrsquos surface In order to do something useful there has to be some sort of human presencemdasheither humans themselves or their robotic proxies Once some measure of human influence has been established at some destination in space there are two ways a space exploration agency can expand that influence First the agency can decrease the costs and increase the benefits of human influence at a given location until such influence becomes sufficiently useful that it is economically self-sustaining at which point continued use of agency resources is unnecessary Alternately human influence can be extended to some new place that may in the future become home to some form of self-supporting human influence The key element is that such a mandate compels each step to build on past accomplishments and lay the groundwork for future missions


Space Exploration Includes Robotics

Space exploration is both human and robotic

United States Space Policy 2010 (Opportunities and challenges George Abbey and Neal Lane)

Within NASA science and the human exploration of space should go hand-in-hand Study of the effects of zero gravity on human physiology is one obvious example of important research that can be done on the space station Humans in space can be called upon to do things that otherwise would be very difficult for example the successful repair and upgrade missions to the Hubble Space Telescope Nonetheless most planetary and astronomical scientific investigation can be done best through robotic exploration as proven in the exploration of the surface of Mars NASArsquos recent change in leadership does give cause for encouragement Michael Griffin the new NASA Administrator brings to the position an excellent technical and program management background He is already giv- ing consideration to reinstituting the Space Shuttle servicing mission to the Hubble telescope and is addressing the need to preclude any gap between the last flight of the Space Shuttle and the availability of a capable and proven new manned spacecraft He has also recognized the need for a balanced program that addresses science exploration aeronautics and research Achieving a balanced program within a limited budget will however be a formidable and daunting task

Exploration includes both robotic and human activitiesBrook 10 (Richard Consultant ndash Surrey Satellite Technology et al ldquoSpace Exploration A New European Flagship Programmerdquo Space Advisory Group 10-10 httpeceuropaeuenterprisenewsroomcf_getdocumentcfmdoc_id=6195)

The relevance of space in the new TFEU should be reflected in space policies and programmes with the appropriate budgets by extending the scope and ambitions of the EU contribution There are many reasons that justify the need to devote additional EU resources to Space exploration In this document the term space exploration refers to the combination of robotic and human activities for the discovery of extra-terrestrial environments that will open up new frontiers for the acquisition of knowledge and peaceful expansion of humankindrdquo The broad scope of this definition requires that the EU prioritise the proposed activities to be addressed in line with the potential financial envelope and technological capabilities


Limiting ldquoexplorationrdquo to only human travel is outdatedLester 9 (Daniel F Professor of Astronomy ndash University of Texas and Michael Robinson Professor of History ndash Hillyer College ldquoVisions of Explorationrdquo Space Policy 25(4) November p 236)

The word lsquolsquoexplorationrsquorsquo threads its way through every discussion of human space flight and often headlines national policy statements about the US space agency Yet this concept so rooted in our culture remains remarkably ill-defined In this paper we examine various presumptions implicit in the term and its ramifications for federally supported space endeavors We argue that historical examples of exploration widely used by policy makers often make poor models for contemporary space travel In particular historical precedents of exploration set up a land-biased view of discovery a restriction which impedes full expression of the Vision for Space Exploration and its possible scientific returns These same precedents also set up a view of discovery that is biased toward in situ human presence a view that modern technology is rendering increasingly absurd

Exploration can be purely roboticLester July 5 (Dan writer for the Space Review 2011)httpwwwthespacereviewcomarticle18771

In the long debate about human space explorationmdashhow to achieve it and what itrsquos formdashtelerobotics is increasingly important Can exploration be carried out using ldquodumbrdquo but sophisticated electromechanical extensions of our dexterity and senses that put humans virtually at a remote site The virtual presence achieved that way is as ldquorealrdquo as the fidelity with which our dexterity and senses can be electromechanically communicated For vision and hearing (to the extent the latter is necessary in space) our new technologies can do this relaying and can easily surpass that of human eyes and ears in doing so For smell and taste (again if necessary) sensors are available that can quantitatively distinguish among a large range of substances Haptic arrays are beginning to allow humans to ldquofeelrdquo things remotely Precision dexterous manipulators are in regular commercial use Transcontinental surgery as we do now remotely allowing delicate incisions stitching and even tying of knots suggests that telerobotically picking up rocks and turning screwdrivers shouldnrsquot be that hard These capabilities are seriously degraded for a human in a spacesuit So why do we need humans around Humans are essential to exploration However technology has now advanced to the point that we can wonder how much humans have to physically be there to do it As emphasized by many commentators the word ldquoexplorationrdquo is a slippery one for space


Space Development includes Research and Development

Space development includes R+D and activities to facilitate explorationSDPA 5 (Space Development Promotion Act of the Republic of Korea Journal of Space Law 33 5-31 httpwwwspacelawolemissedulibraryspaceKoreaLaws33jsl175pdf)

Article 2 (Definitions) Definitions of terms used in this Act are as follows (a) The term ldquospace developmentrdquo means one of the following (i) Research and technology development activities related to design production launch operation etc of space objects (ii) Use and exploration of outer space and activities to facilitate them (b) The term ldquospace development projectrdquo means a project to promote space development or a project to pursue the development of education technology information industry etc related to space development (c) The term ldquospace objectrdquo means an object designed and manufactured for use in outer space including a launch vehicle a satellite a space ship and their components (d) The term ldquospace accidentrdquo means an occurrence of damage to life body or property due to crash collision or explosion of a space object or other situation (e) The term ldquosatellite informationrdquo means image voice sound or data acquired by using a satellite or in formation made of their combination including processed or applied information

Space Development contextually refers to R+D testing and evaluationRau 99 (Russell A Assistant Inspector General ldquoEarned Value Management at NASArdquo Audit Report 9-30 httpoignasagovauditsreportsFY99pdfsig-99-058pdf)

2 NASA is substituting the word ldquodevelopmentrdquo for ldquoresearch development test and evaluationrdquo in the subsequentversion of NPD 95013


Beyond Earthrsquos mesosphere

There are different definitions for the boundary of space National Aeronautics and Space Administration (NASA ) uses flight above 80 km to designate individuals as astronauts while the Feacutedeacuteration Aeacuteronautique Internationale uses the 100 km Karman line as the internationally accepted boundary to space Beyond this altitude aerodynamic flight is not possible and spacecraft must travel faster than orbital velocity to manoeuvre and remain in orbit

Topical action must be in the thermosphere or higherAtmospheric Chemistry Glossary 11 (Sam Houston State University httpwwwshsuedu~chm_tgcGlossarylmnhtmlM)

Mesosphere - In the atmosphere the region immediately above the stratosphere and immediately below the thermosphere The mesosphere begins about 50 kilometers high at the stratopause and ends about 80 kilometers high at the mesopause The temperature in the mesosphere decreases sharply with increased altitude [Journal of the Atmospheric Sciences v49n24 2353-2371 1992] [Introduction to Meteorology FW Cole page 7 1980 John Wiley and Sons New York]

80 kilometers and above is topicalOED 11 (Compact Oxford English Dictionary ldquomesosphererdquo httpoxforddictionariescomdefinitionmesosphereview=uk)

the region of the earths atmosphere above the stratosphere and below the thermosphere between about 50 and 80 km in altitude

Affrsquos must exploredevelop in the ionosphere or higher

Zoom Astronomy Glossary 10 (httpwwwenchantedlearningcomsubjectsastronomyglossaryindexmshtmlmesosphere)

MESOSPHEREThe mesosphere is the atmospheric layer between the stratosphere and the ionosphere The mesosphere is characterized by temperatures that quickly decrease as height increases The mesosphere extends from between 31 and 50 miles (17 to 80 kilometers) above the earths surface


50 miles or higherGlossary of Air Pollution Terms 10 (httpwwwarbcagovhtmlglosshtmmesosphere)

MesosphereThe layer of the Earths atmosphere above the stratosphere and below the thermosphere It is between 35 and 60 miles from the Earth

Mesophere is defined by an upper temperature minimum

National Weather Service 9 (National Oceanic and Atmospheric Administration National Weather Service Glossary httpwwwnwsnoaagovglossaryindexphpletter=m)

MesosphereThe atmospheric shell between about 20 km and about 70 to 80 km extending from the top of the stratosphere (the stratopause) to the upper temperature minimum that defines the mesopause (the base of the thermosphere)


Beyond the Earthrsquos Mesosphere Shell

ldquoBeyondrdquo means outside the limits ofCollins 9 (Collins English Dictionary Unabridged ldquobeyondrdquo httpdictionaryreferencecombrowsebeyond)

-- prep1 at or to a point on the other side of at or to the further side of beyond those hills there is a river2 outside the limits or scope of beyond this countrys jurisdiction

That means activities must occur above 50 miles from the Earthrsquos surfaceWC 11 (Weather Channel ndash Weather Glossary ldquoMrdquo httpwwwweathercomglossarymhtml)

MESOSPHEREThe layer of the atmosphere located between the stratosphere and the ionosphere wheretemperatures drop rapidly with increasing height It extends between 31 and 50 miles (17 to 80 kilometers) above the earths surface

Violation --- the plan increases [explorationdevelopment] less than 50 miles from the surface

Voting issue ---

1 Limits --- a strict interpretation of ldquobeyond the mesosphererdquo is the only way to prevent an explosion of Affs that expand research into other areas like high-altitude testing non-space rockets aerospace etc --- making research impossible


2 Ground --- the mesosphere is what distinguishes space from Earthrsquos environment critically dividing literature relevant to the topic Athena 10 (Upper Atmosphere Wiki ldquoMesosphererdquo 4-26 httpwwwathena-spugr~upperatmosphereindexphp Mesosphere)

Being the ldquogatewayrdquo that connects Earthrsquos environment and space the mesosphere is a region of great importance in energy balance processes and a link in vertical energy transfer as it is in these layers that great surges of energy meet solar radiation and particles contribute to downward energy transfer whereas gravity waves planetary waves and tides contribute to upward energy transfer from the stratosphere Thus this region is a boundary layer that determines the temperature and density characteristics of the surrounding layers In addition in a time of increased concern about global climate change the fact that the mesosphere might act as a ldquocanary in a coal minerdquo being a sensitive indicator of global temperature change makes its long-term study an increasingly pressing matter Finally the continuous and ever-increasing presence of mankind in space and the importance of the behavior of this region to multiple issues related to aerospace technology such as orbital calculations vehicle re-entry space debris lifetime etc make its extensive study a pressing need

Our interpretation is most precise and critical to preserve space-specific links --- 50 miles is the NASA-defined boundary for spaceThirsk 9 (Robert Canadian Space Agency et al ldquoThe Space-Flight Environment the International Space Station and Beyondrdquo Canadian Medical Association Journal 180(12) June httpwwwecmajcacgicontentfull18012 1216)


Specific Affs


Space Exploration Includes TourismCol

Space Exploration includes tourism mining and colonization as necessary components of the overall goals of explorationWeeks July 8 (Edyth Professor of International Space Law at Webster University)httpwwwbradentoncom201107083333099webster-university-expert-availablehtml

Even before NASA retired its space shuttle program government and privately funded efforts have already begun to develop a new deep space exploration program But who owns space Private companies are already making plans to profit from it through tourism mining and development And who will craft the laws to fairly govern it Edythe Weeks is an adjunct professor of international space law at Webster University in St Louis and coordinator of Websters online international relations program She is a member of the International Institute of Space Law and researches international outer space policy and development She believes that space exploration will bring significant economic development creating more jobs in an exploding industry that will include tourism mining and colonization But she says it will also create a whole host of international relations issues Colonies for example will need to figure out which language will be dominant what kind of government will be used and how ideologies will be formed says Weeks who believes the UNs 1967 Outer Space Treaty could even be changed to consider private-property rights in space Weeks research and teaching as well as Webster Universitys long-time graduate program in space systems management has landed the institution in the United Nations directory of institutions offering space law education


Space Exploration Definition is Fluctuating

Space exploration fluctuates according to the goals of existing and possible programsLiptak July 8 (Andrew journalist for io9com 2011)httpio9com5819449the-era-of-american-space-exploration-is-just-beginning

The space shuttle was a compromise in design and function Within NASA and political circles a debate raged on as to the purpose of space travel and exploration now that the moon had been reached With the efforts of the formative missions that made up the Mercury Gemini and Apollo programs exploration of Earth and its immediate neighbor came as a priority with the focus of the successive programs working to demonstrate that humans could indeed reach space operate successfully in orbit and successfully land on the Moon and return to the Earth

Space Exploration refers to different programs depending upon the goals established by national space agenciesLiptak July 8 (Andrew journalist for io9com 2011)httpio9com5819449the-era-of-american-space-exploration-is-just-beginning

The cancellation of the Apollo program led to a major transformation in the focus of space exploration For the first time there was no overall goal the space race had been defined by a singular shared focus between the Soviet Union and the United States That focus had been accomplished and while there was some interest in going to Mars the budgetary environment rendered that an impossible dream America would need to return to space in a way that captured the publics imagination and did so cheaply In a recent conference in Washington DC former NASA historian Steve Dick noted that Apollo exhibited three key elements that helped to make it a successful program incorporating exploration discovery and science elements within the missions The distinctions he noted were important because theyre used in the rhetoric that is used to describe and to justify the space programs The space shuttle really contained elements of exploration and discovery but that science was secondary to the functions of the shuttle ndash not that scientific experiments werent conducted aboard the shuttle but that by design the shuttle could perform a number of functions Furthermore the general public never responds quite as well to science as they do with exploration Whereas Apollo carried with it all three key elements the space shuttle itself served mainly as a tool to achieve selective ends Ultimately he asserted the space shuttle never could live up to its full capabilities or potential Interaction with the public was essential and was a conscious point when the post-Apollo mission for NASA was put to paper without general support from the public interest in the space program would evaporate quickly NASA had to produce results and engage the public and it had to do so cheaply The American public had become increasingly unhappy with the price tag of Americas space ambitions despite the importance placed upon its success


Space exploration expands in scope according to technological advances

AND exploration requires action to develop new means of space travelLiptak July 8 (Andrew journalist for io9com 2011)httpio9com5819449the-era-of-american-space-exploration-is-just-beginning

The nature of the Space Shuttle limited Americas space ambitions an expensive program in and of itself its existence prevented NASA from capitalizing on the gains achieved by all of the prior spaceflight programs With the shuttle spaceflight meant never venturing outside of a Low Earth Orbit the first Hubble mission represented the limits of the spacecraft at 347 miles above the Earths surface By comparison to reach the moon astronauts must travel 235000 miles out and then back again Plans to shift the focus of US spaceflight from the scientific missions to more exploration based ones have been proposed in the years prior to the retirement of the space shuttle with the intention to shift - rather than simply replace - the means of space travel from one mission to another In 2005 testimony from Administrator Griffin the CAIB [Columbia Accident Investigation Board] was equally forthright in calling for a national consensus in the establishment of a program having broader strategic goals The Vision for Space Exploration proposed by the President it that program and NASA has embraced this new direction But to effect these changes NASA must engage in a major transformation taking the capabilities throughout the agency and restructuring them to achieve these 21st Century goals (House Testimony - Find link) The plan proposed by President Bush called for dramatic new changes for the agency new vehicles crews and missions that sought amongst other goals to return to the moon seeking to return to the major Apollo-style missions of the late 1960s and early 1970s With the end of the space shuttle program its clear that NASA is facing a period of transition much as they had during the 1970s between the Apollo program and the Space Shuttle program an entire seven years lapsed before America was able to send men into space again under their own power although at that point a followup program had been in the works

Using historicaldated definitions is counterproductive and arbitrarily overlimitinghttpwwwtheengineercouksectorsaerospacenewsgrant-to-ready-plasma-thruster-engine-for-spaceflight1009280article

Historical exploration doesnrsquot pertain well to modern space exploration as those historical explorers didnrsquot have communication recording and telerobotic tools that are now widely available Early generations of explorers had to ldquobe thererdquo physically to ldquobe thererdquo functionally and cognitively Space scientists have a long history of accomplishment with robotic probes which swoop through the solar system down on planets asteroids and moons But the Mars Exploration Rovers (MERs) set a new standard for robotic command of a complex obstacle-ridden environment Human space explorers in Pasadena could drive for miles across Martian dunes around boulders onto hilltops into craters and peer closely at rock formations Living on ldquoMars timerdquo with a 247-hour day the controllers of Spirit and Opportunity found themselves deeply immersed not just in the science but in the discovery process



Space Exploration Includes Study of the Earth and Energy Sources

Space Exploration incorporates the study of Earth and related Earth sciences not just outward-lookingLiptak July 8 (Andrew journalist for io9com 2011)httpio9com5819449the-era-of-american-space-exploration-is-just-beginning

The reports conclusions were that NASA needed a system that was cheap reusable and flexible it had to hold to a number of diverse missions shuttling astronauts to and from orbit As NASAs budget began to fall from 1966 onwards the Apollo program was scrapped after Apollo 17 ndash the only mission to be crewed by a scientist geologist Harrison Schmidt NASA planners shifted the prepared components of the final three missions and looked to a new mission science in Low Earth Orbit Skylab was born designed for zero-gravity experimentation It was the beginning of a new mission for NASA one that looked not to the Moon but back down to Earth However new options were looked at Concepts for a space plane predating the Apollo program were looked at focusing on a reusable design that was thought to be cheaper In 1969 the Nixon administration pushed forward with the development of the Space Shuttle program during Apollo 17 astronauts on the moon (including John Young who would pilot the first shuttle mission) learned that funding had been approved


Space Exploration includes R and D for new Transportation

Space exploration includes the research and development of new transportation mechanismsThe Engineer July 6 2011httpwwwtheengineercouksectorsaerospacenewsgrant-to-ready-plasma-thruster-engine-for-spaceflight1009280article

Engineers at the Australian National University (ANU) have won a A$31m (pound2063m) grant from the Australian federal government to make a plasma thruster engine ready for spaceflight If successful the engine could be used in satellites and deep-space missions as soon as 2013 Project leader Prof Rod Boswell from the Plasma Research Laboratory said the engine will be based on his colleague Prof Christine Charlesrsquo Helicon Double Layer Thruster (HDLT) design rsquoPlasma thruster engines are set to be the future of all space exploration and satellite activities They are much less powerful than conventional chemical rocket engines but in principle are more efficient for long periods of time making them ideal for deep-space missionsrsquo said Boswell The grant won by Boswell and his colleagues in the Plasma Research Laboratory will also help build a space simulation facility at ANU Based at Mt Stromlo Observatory in Canberra the space simulation facility will enable the HDLT to be tested in space-like conditions The facility will also be made available to other scientists astronomers and industry bodies seeking to develop space equipment The grant to ANU forms part of a $61m investment in space research and education announced last month by Australian innovation minister Kim Carr

Includes energy research and investmentWashington Post July 4 (Christian Torres staff writer 2011)httpwwwwashingtonpostcomnationalhealth-sciencespace-station-research-ramps-up-as-shuttles-return-to-earth20110628gHQA6hG6xH_storyhtml

The United States shall develop and use space nuclear power systems where such systems safely enable or significantly enhance space exploration or operational capabilities Approval by the President or his designee shall be required to launch and use United States Government spacecraft utilizing nuclear power systems either with a potential for criticality or above a minimum threshold of radioactivity in accordance with the existing interagency review process To inform this decision the Secretary of Energy shall conduct a nuclear safety analysis for evaluation by an ad hoc Interagency Nuclear Safety Review Panel that will evaluate the risks associated with launch and in-space operations


Space Exploration Includes Study of Human Life

Space exploration includes the study of human life potential in spaceWashington Post July 4 (Christian Torres staff writer 2011)httpwwwwashingtonpostcomnationalhealth-sciencespace-station-research-ramps-up-as-shuttles-return-to-earth20110628gHQA6hG6xH_storyhtml

After Atlantis returns to Earth this month NASArsquos space shuttles will no longer take Americans into space but that doesnrsquot mean the end of an American presence in orbit The international space station expected to operate through 2020 will house at least one American astronaut at all times ldquoWersquore certainly going to continue using the station to advance our mission of space explorationrdquo said Mark Uhran NASArsquos assistant associate administrator for the space station program While the station mdash a joint venture of the United States Russia Europe Japan and Canada mdash is not yet complete 13 years after its first components were launched into orbit assembly of the US portion was finished during the final few shuttle missions That portion includes facilities for NASArsquos continued research on human physiology and space technology It also includes a new national laboratory that will be overseen by a nonprofit entity to be selected by the end of September The lab will house projects by companies universities and government agencies The National Institutes of Health for example will conduct research on immune cell function the Defense Department will study solar cells for satellites and biotech company Astrogenetix will investigate vaccines Many groups have already been conducting research on the station but Uhran says ldquoall of this is ramping up now that assembly is coming to a closerdquo In that respect the end of the shuttle program marks a welcome milestone for the stationrsquos scientific goals

Space exploration can be for the purpose of studying Earth and the general application to Earth sciences like geography or Asteroid defense

Socyberty 91408 The Benefits of Space Explorationhttpsocybertycomfuturethe-benefits-of-space-exploration

The last argument is what I believe is the most important in terms of safety and survival is the use of space exploration to combat the danger of foreign objects that can collide with the earth When someone studies the geographical history of the planet it is not too long before they encounter the formations and scientific evidence that throughout its evolution the earth has been hit by asteroids that were the cause of global destruction and mass change the likes of which no one could ever imagine There are some that believe that the end of the Dinosaurs were attributed to a large object such as an asteroid which sailed into the direction of the earthrsquos orbit crashed into it and thus caused great natural disasters such as earthquakes tsunamis continental drifts volcanic eruptions and other anomalies that destroyed most life and its natural habitats throughout the world In the Institute of Astronomy at the University of Hawaii they explain asteroids as ldquoobjects collectively known as Near Earth Objects or NEOs still pose a danger to Earth today


Depending on the size of the impacting object such a collision can cause massive damage on local to global scales There is no doubt that sometime in the future Earth will suffer another cosmic impact the only question is ldquowhenrdquo There is strong scientific evidence that cosmic collisions have played a major role in the mass extinctions documented in Earthrsquos fossil recordrdquo (Institute for Astronomy 2005) The information continues on to say that ldquosearch programs have discovered hundreds of thousands of main-belt asteroids and have identified thousands of NEOs They have made great progress toward meeting the Congressional mandate and have cataloged most but not all of the 1-km and larger NEOs mdash the ones that are most likely to produce a global catastrophe such as a mass extinction should they collide with Earthrdquo (Institute for Astronomy 2005) It doesnrsquot take much more than a good size object the size of an SUV to form a large rift in the earthrsquos crust to make earthquakes and tidal waves comparable to the tsunami that killed thousands in Thailand three years ago Space exploration with the help of satellite technology and the further construction of better space craft can not only plot ones that may strike the earth but they can get at those very objects and prevent them from colliding with the planet One missed object unseen can devastate the entire world and cause mass causalities beyond any man-made weapon could ever hope to cause


Preliminary research qualifies as exploration

Hall-ranking member of the House Science and Technology Committee-71409httpthehillcomspecial-reportstechnology-july-200950201-numerous-benefits-of-space-explorationNumerous benefits of space exploration

Forty years ago the world watched in wonder as American astronauts blazed through Earthrsquos atmosphere into outer space and landed on the moon the first time in history that humans set foot on another celestial body But today with the economy floundering and the national debt soaring into the stratosphere some may suggest that we simply cannot afford to sustain human space exploration I would argue just the opposite Anyone who follows NASA knows that President Obama recently launched an independent review of planned US human spaceflight activities The blue ribbon panel headed by Norman Augustine retired chairman and chief executive officer of Lockheed Martin and my friend is expected to release its findings in August I am confident that Norm will not sugarcoat the panelrsquos findings and I am also optimistic that the panel will promote an ambitious goal for manned space exploration Americarsquos space and technological preeminence in the world hangs in the balance Throughout its 40-year history our space program has set goals that required innovation and technology yet to be developed and the results have been astonishing Miniaturized integrated circuits satellite technology GPS navigation systems bone-density measurements miniaturized heart pumps and other technologies derived from NASA research and development have saved and improved our lives New spin-offs include water filtration systems that turn wastewater into drinkable water wireless light switches remediation solutions for sites contaminated by chemicals the development of Liquidmetal and sensors on reconnaissance robots used in Afghanistan and Iraq to deal with improvised explosive devices The list goes on and on The National Research Council recently released a report advocating that NASA align its civil space program with national needs While I understand the temptation to focus on finding solutions to present problems we need to remember that much of the RampD conducted by NASA has resulted in unintended yet beneficial breakthroughs Space exploration drives innovation by reaching into the unknown and overcoming complex problems This sort of problem-solving inherently pushes the limits of technology Space exploration fundamentally necessitates basic research If we try to task NASA with too narrow a mission for RampD we lose the possibility of new discoveries and breakthroughs to adapt technologies in new and creative ways that could have unanticipated applications Rather than micromanage the type of research we want from our space program I would prefer a clear goal for US space exploration NASA must have a challenging inspirational goal that is ambitious and sufficiently funded President Bush gave NASA the direction it needed with his Vision for Space Exploration which included a plan to complete the International Space Station (ISS) retire the Space Shuttle and develop a new launch system capable of traveling outside low Earth orbit with a goal of returning to the moon by 2020 as a stepping stone to more difficult destinations such as Mars This was a goal that Congress endorsed in the NASA Authorization Act of both 2005 and 2008 which were subsequently signed into law Our space program has accomplished many great feats in the last half-century and it is only prudent to implement and fund a vision that builds on that progress America and our global partners have nearly completed the ISS which is possibly the most elaborate engineering endeavor of all time Unfortunately with an impending five-year gap in


US spaceflight capability following retirement of the Space Shuttle we will have to rely on Russia and our international partners to ferry crew and cargo to and from the ISS This is a setback for our space program but one that can be overcome with a renewed commitment to space exploration I strongly believe that we must close the gap in US access to space and it is my hope that the Augustine panel comes to a similar conclusion NASA has made great progress in developing the Orion vehicle and the Ares launch systems Constellation is already in the development phase so to abandon this plan now would be a massive waste of time money and resources The one-half of one percent of the national budget devoted to NASA may be the best investment we make providing for long-term high-dividend research and technology breakthroughs Economic growth is driven by technological innovation and space exploration fuels this innovation


Exploration includes Satellites

New satellites and surveillance qualify (also beyond the mesosphere)

Socyberty 91408 (The Benefits of Space Exploration)httpsocybertycomfuturethe-benefits-of-space-exploration

The fourth argument I would like to refer to are those who prescribe to the uselessness of space exploration is its actual benefits towards world hunger Today we are constantly bombarded with pictures and stories of food shortages and starvation from third world countries that are often plagued by natural disasters and poor farming techniques This is one of the chief elements that are often brought up when there is a discussion about the value of space exploration In Dr Ernst Stuhlingerrsquos paper on Space Exploration Why Explore Space he illustrates an example of its benefit by saying ldquo large areas of land could be utilized far well if efficient methods of watershed control fertilizer use weather forecasting fertility assessment plantation programming field selection planting habits timing of cultivation crop survey and harvest planning were applied The best tool for the improvement of all these functions undoubtedly is the artificial earth satellite Circling the globe at a high altitude it can screen wide areas of land within a short time it can observe and measure a large variety of factors indicating the status and conditions of crops soil droughts rainfall snow cover etc and it can radio this information to ground stations for appropriate userdquo( Stuhlinger 1996) In this report satellite technology from space can not only forcast current weather patterns but it can also be used to monitor crops and predict conditions for later farming plans


Mars is Space Exploration

Space Exploration includes missions to MarsParabolic Arc 41510 httpwwwparabolicarccom20100415space-exploration-coalition-obamas-space-goals-distant-unclear COALITION FOR SPACE EXPLORATION PRESS RELEASE

The Coalition for Space Exploration (Coalition) recognizes todayrsquos Space Conference in Florida as an important step in the continuing discussion on the future of Americarsquos global leadership in space exploration The Coalition believes human space exploration is a national imperative that calls for a

focused strategy with a more aggressive timetable and milestones to drive the development of capabilities in support of its missions To successfully forge the industry and international partnerships necessary for future space exploration missions America must have robust sustained support from its elected officials and the public This cannot be achieved when goals are distant and unclear The Presidentrsquos announcement today that NASA will undertake the development of a heavy-lift vehicle for deep space missions to specific destinations including asteroids and Mars provides some clarity to the future direction of space exploration planned by the Administration We commend the Presidentrsquos efforts to help mitigate some of the job losses associated with the retirement of the Space Shuttle program and restructuring of Constellation This highly skilled workforce is essential to the sustainment of our nationrsquos preeminence in space economic and national security and

global competitiveness The erosion of this skill base would seriously affect the nationrsquos industrial base and national security strategies While the steps outlined by President Obama are encouraging many key issues and concerns remain with regard to the transition from the current programs to the proposed new exploration agenda and the impact that it will have on our nationrsquos space industrial base and global leadership Delaying a decision until 2015 on the design of a heavy-lift vehicle the establishment of its first human exploration mission for no earlier than 2025 as a precursor to a Mars expedition in 2030 threatens to sacrifice a generation of experience and expertise in our nationrsquos human space flight workforce Continuing development of a variant of the Orion spacecraft is good news in that it will reduce dependence on Russian spacecraft for International Space Station (ISS) crew escape and take advantage of existing assets and investments but it by no means fully addresses the issue of independent assured American access to space There remain questions as to whether the proposal to rely solely on commercial providers to send American astronauts to the ISS is premature and threatens to extend indefinitely our reliance on other nations In the final analysis the US human spaceflight program is a national imperative not only a commercial interest

Topicality

Resolution


Generic Terms


Resolved is a firm decision

Resolved is to take action


Federal government is central government not individual states




United States means the sovereign state called the United States

United States means the territory over which the sovereign nation of the United States exercises sovereign power


Should means must

Should expresses duty ndash most predictable def

Its

lsquoItsrsquo is possessive


Substantially must be given meaning --- contextual uses are key

lsquoSubstantialrsquo is ambiguous set a high threshold for rejecting Plan

Substantial means of real worth or considerable value this is the usual and customary meaning of the term

ldquoSubstantialrdquo means considerable or to a large degree this common meaning is preferable because the word is not a term of art

Substantial means ldquoof considerable amountrdquo not some contrived percentage







Substantial is an increase of at least $679 million-empirically proven

A substantial increase is in billions defined contextually


Increase doesnrsquot require pre-existence just requires making something greater

Increase can include an extension of time duration does not require a renewal of a program


Increase requires making an already existing program greater a new program is not topical

Increase requires pre-existence canrsquot determine something has been lsquomade greaterrsquo without reference to the previous condition

Increase FX T

lsquoIncreasersquo refers to a process not an outcome the plan itself must increase exploration andor development not simply lead to it

AndOr

Andor means one or the other or both


Oxford English Dictionary 08


Ballentinersquos Law Dictionary 69


Topic Specific




Exploration is only human space travel robotic missions arenrsquot topical

Even if ldquoexplorationrdquo can include robots it must also have a human component

Space exploration is the expansion of human influence in space includes building capacity for expanding human influence



Exploration includes both robotic and human activities

Limiting ldquoexplorationrdquo to only human travel is outdated

Exploration can be purely robotic


Space development includes R+D and activities to facilitate exploration

Space Development contextually refers to R+D testing and evaluation


Topical action must be in the thermosphere or higher

80 kilometers and above is topical



50 miles or higher



Mesosphere


ldquoBeyondrdquo means outside the limits of

That means activities must occur above 50 miles from the Earthrsquos surface


Voting issue ---


2 Ground --- the mesosphere is what distinguishes space from Earthrsquos environment critically dividing literature relevant to the topic

Our interpretation is most precise and critical to preserve space-specific links --- 50 miles is the NASA-defined boundary for space

Specific Affs


Space Exploration includes tourism mining and colonization as necessary components of the overall goals of exploration


Space exploration fluctuates according to the goals of existing and possible programs

Space Exploration refers to different programs depending upon the goals established by national space agencies


AND exploration requires action to develop new means of space travel

Using historicaldated definitions is counterproductive and arbitrarily overlimiting


Space Exploration incorporates the study of Earth and related Earth sciences not just outward-looking


Space exploration includes the research and development of new transportation mechanisms

Includes energy research and investment


Space exploration includes the study of human life potential in space






Space Exploration includes missions to Mars


Resolution



Generic Terms































Its




















































Increase FX T




AndOr













Topic Specific































































Voting issue ---







Specific Affs






















































Topicality

Resolution


Generic Terms












Should means must


Its






















Increase FX T


AndOr







Topic Specific




















50 miles or higher



Mesosphere





Voting issue ---




Specific Affs























Generic Terms































Its




















































Increase FX T




AndOr













Topic Specific































































Voting issue ---







Specific Affs






















































Topicality

Resolution


Generic Terms












Should means must


Its






















Increase FX T


AndOr







Topic Specific




















50 miles or higher



Mesosphere





Voting issue ---




Specific Affs




















































Its




















































Increase FX T




AndOr













Topic Specific































































Voting issue ---







Specific Affs






















































Topicality

Resolution


Generic Terms












Should means must


Its






















Increase FX T


AndOr







Topic Specific




















50 miles or higher



Mesosphere





Voting issue ---




Specific Affs







































































Increase FX T




AndOr













Topic Specific































































Voting issue ---







Specific Affs






















































Topicality

Resolution


Generic Terms












Should means must


Its






















Increase FX T


AndOr







Topic Specific




















50 miles or higher



Mesosphere





Voting issue ---




Specific Affs























AndOr













Topic Specific































































Voting issue ---







Specific Affs






















































Topicality

Resolution


Generic Terms












Should means must


Its






















Increase FX T


AndOr







Topic Specific




















50 miles or higher



Mesosphere





Voting issue ---




Specific Affs























Topic Specific































































Voting issue ---







Specific Affs






















































Topicality

Resolution


Generic Terms












Should means must


Its






















Increase FX T


AndOr







Topic Specific




















50 miles or higher



Mesosphere





Voting issue ---




Specific Affs




















































































Voting issue ---







Specific Affs






















































Topicality

Resolution


Generic Terms












Should means must


Its






















Increase FX T


AndOr







Topic Specific




















50 miles or higher



Mesosphere





Voting issue ---




Specific Affs



























Specific Affs






















































Topicality

Resolution


Generic Terms












Should means must


Its






















Increase FX T


AndOr







Topic Specific




















50 miles or higher



Mesosphere





Voting issue ---




Specific Affs











































































Topicality

Resolution


Generic Terms












Should means must


Its






















Increase FX T


AndOr







Topic Specific




















50 miles or higher



Mesosphere





Voting issue ---




Specific Affs






















topicality - west coast web viewthe first definition of the word "substantial" given by...

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