22 utnif 2011 mini-topicality

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UTNIF2011 Topicality 1 Your Teeny Tiny T File Topicality 1NC: RLV/Mars/GEOSS: Necessary ................................................................................................................ 2 Topicality 1NC: Mars: increase its exploration .................................................................................................................. 3 Topicality 1NC: China: its exploration and/or development .............................................................................................. 4 Topicality 1NC: Satellites: its exploration and/or development ......................................................................................... 6 Topicality 1NC: Space Elevators: its exploration and/or development .............................................................................. 8 Definitions Beyond............................................................................................................................................................................... 10  Earth .................................................................................................................................................................................. 10  Mesosphere ........................................................................................................................................................................ 11  Its ....................................................................................................................................................................................... 11  Exploration ........................................................................................................................................................................ 12 Development ..................................................................................................................................................................... 16  Space Elevator is Topical .................................................................................................................................................. 18   Necessary........................................................................................................................................................................... 18  

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    Your Teeny Tiny T File

    Topicality 1NC: RLV/Mars/GEOSS: Necessary ................................................................................................................ 2Topicality 1NC: Mars: increase its exploration .................................................................................................................. 3

    Topicality 1NC: China: its exploration and/or development .............................................................................................. 4Topicality 1NC: Satellites: its exploration and/or development ......................................................................................... 6

    Topicality 1NC: Space Elevators: its exploration and/or development .............................................................................. 8

    Definitions

    Beyond............................................................................................................................................................................... 10

    Earth .................................................................................................................................................................................. 10Mesosphere ........................................................................................................................................................................ 11

    Its ....................................................................................................................................................................................... 11Exploration ........................................................................................................................................................................ 12

    Development ..................................................................................................................................................................... 16Space Elevator is Topical .................................................................................................................................................. 18

    Necessary........................................................................................................................................................................... 18

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    Topicality 1NC: Mars: increase its exploration

    A) Interpretation: Affirmatives must increase the total amount of exploration or development of space, notjust change the type of current exploration.

    Increase means a net increaseRogers 5 (Judge New York, et al., Petitioners v. U.S. Environmental Protection Agency, Respondent, NSRManufacturers Roundtable, et al., Intervenors, 2005 U.S. App. LEXIS 12378, **; 60 ERC (BNA) 1791, 6/24,Lexis)

    [**48] Statutory Interpretation. HN16While the CAA defines a "modification" as any physical or operational change that "increases" emissions, it is silent on how to

    calculate such "increases" in emissions. 42 U.S.C. 7411(a)(4). According to government petitioners, the lack of a statutory definition does notrender the term "increases" ambiguous, but merely compels the court to give the term its "ordinary meaning. " SeeEngine Mfrs.Ass'nv.S.Coast AirQualityMgmt.Dist., 541 U.S. 246, 124 S. Ct. 1756, 1761, 158 L. Ed. 2d 529(2004); Bluewater Network, 370 F.3d at 13; Am. Fed'n ofGov't Employees v. Glickman, 342 U.S. App. D.C. 7, 215 F.3d 7, 10 [*23] (D.C. Cir. 2000). Relying on two "real world" analogies, government petitioners contend

    that the ordinary meaning of "increases" requires the baseline to be calculated from a period immediatelypreceding the change. They maintain, for example, that in determining whether a high-pressure weather system "increases" the local temperature, the relevantbaseline is the temperature immediately preceding the arrival of the weather system, not the temperature five or ten years ago. Similarly, [**49] in determiningwhether a new engine "increases" the value of a car, the relevant baseline is the value of the car immediately preceding the replacement of the engine, not the value ofthe car five or ten years ago when the engine was in perfect condition.

    United States is already dedicating resources to a Mission to Mars.Charles Bolden, NASA Administrator July 1, 2011 (David S. Weaver, NASA Headquarters, WashingtonRELEASE: 11-218 NASA ADMINISTRATOR DISCUSSES AGENCY'S FUTURE ENDEAVORShttp://www.nasa.gov/home/hqnews/2011/jul/HQ_11-218_Bolden_Speech.txt)

    "Some say that our final shuttle mission will mark the end of America's 50 years of dominance in human spaceflight; as a former astronaut and the current NASA

    administrator, I'm here to tell you that American leadership in space will continue for at least the next half-century because we have laid the foundation for success

    and failure is not an option." "President Obama has given us a Mission with a capital "M" -- to focus again on the bigpicture of exploration and the crucial research and development that will be required for us to move beyond lowEarth orbit. He's charged us with carrying out the inspiring missions only NASA can do that will take us farther than we've ever been. To orbit Mars andeventually land on it. He's asked us to start planning a mission to an asteroid." "The president is asking us to harness that American spirit of innovation, the drive tosolve problems and create capabilities that is so embedded in our story and has led us to the moon, to great observatories, and to humans living and working in space,

    possibly indefinitely. That American ingenuity is alive and well , and it will fire up our economy and help us create and win the future now." "So when I hear people say-- or listen to media reports -- that the final Shuttle flight marks the end of U.S. human spaceflight, I have to say . . . these folks must be living on another planet." "We

    are not ending human space flight, we are recommitting ourselves to it and taking the necessary -- and difficult -- steps today to ensure Americas pre-eminence inhuman spaceflight for years to come." "We have to get out of the business of owning and operating low-Earth orbit transportation systems and hand that off to the

    private sector, with sufficient oversight to ensure the safety of our astronauts. American companies and their spacecraft should send our astronauts to the ISS, rather

    than continuing to outsource this work to foreign governments." "Our destinations for humans beyond Earth remain ambitious. Theyinclude: the moon, asteroids, and Mars. The debate is not if we will explore, but how we'll do it."

    B) Violation: The affirmative just changes how we explore Mars, not the amount of resources dedicated toexploration of Mars.

    C) Standards1) Ground: Allowing shifts among NASA missions destroys DA link and Uniqueness ground, gutting themain negative offense.

    2) Limits: There are an infinite number of ways to change current exploration and development that areunpredictable and impossible to research.

    3) Vote neg on presumption: If the affirmative does not increase actual development or exploration ofspace, they have proven the resolution is not true, which justifies a negative ballot.

    D) Voting Issue for Fairness and Education: Topicality should be decided based on competinginterpretations. Whoever provides the best interpretation for debate should win.

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    Topicality 1NC: China: its exploration and/or development

    A) Interpretation: Affirmatives must increase the presence of the United States in Earth beyond the Earthsmesosphere in either exploration or development activities.

    Its is possessive and exclusive, which excludes cooperation as a mandate of the plan.English Grammar 5(Glossary of English Grammar Terms, http://www.usingenglish.com/glossary/possessive-pronoun.html)

    Mine, yours, his, hers, its, ours, theirs are thepossessive pronouns used to substitute a noun and to show possession orownership. EG. This is your disk and that's mine. (Mine substitutes the word disk and shows that it belongs to me.)

    Grammatically, this refers solely to U.S.; any other interpretation makes interpretation impossible.Manderino 73(Justice Supreme Court of Pennsylvania, Sigal, Appellant, v. Manufacturers Light and Heat Co., No. 26, Jan. T., 1972, Supreme Court of Pennsylvania, 450 Pa.228; 299 A.2d 646; 1973 Pa. LEXIS 600; 44 Oil & Gas Rep. 214, Lexis)On its face, the written instrument granting easement rights in this case is ambiguous. The same sentence which refers to the right to lay a 14 inch pipeline (singular)

    has a later reference to "said lines" (plural). The use of the plural "lines" makes no sense because the only previous reference has been to a "line" (singular). Thewriting is additionally ambiguous because other key words which are "also may change the size of its pipes" are dangling in that the possessive

    pronoun "its" before the word "pipes" does not have any subject preceding, to which the possessive pronoun refers. Thedangling phrase is the beginning of a sentence, the first word of which does not begin with a capital letter as is customary in normal English [***10] usage.Immediately preceding the "sentence" which does not begin with a capital letter, there appears a dangling [*236] semicolon which makes no sense at the beginning of

    a sentence and can hardly relate to the preceding sentence which is already properly punctuated by a closing period. The above deviations from

    accepted grammatical usage make difficult, if not impossible, a clear understanding of the words used or the

    intention of the parties. This is particularly true concerning the meaning of a disputed phrase in the instrument which states that the grantee is to paydamages from ". . . the relaying, maintaining and operating said pipeline. . . ." The instrument is ambiguous as to what the words ". . . relaying . . . said pipeline . . ."were intended to mean.

    B) Violation: The plan increases cooperation with China OVER space, but does not increase United Statesexploration or development OF space.

    And, the ISS is not development or exploration; it is a space operation.The 2010 National Aeronautics and Space Administration Authorization Act (P.L. 111-267) 2010 (http://legislative.nasa.gov/PL%20111-267.pdf)

    There are authorized to be appropriated to NASA for fiscal year 2013 , $19,960,000,000, as follows: (1) For Exploration,$5,264,000,000, of which (A) $1,400,000,000 shall be for a multi-purpose crew vehicle and associated program and othernecessary support; (B) $2,640,000,000 shall be for Space Launch System and associated program and other necessarysupport; (C) $449,000,000 shall be for Exploration Technology Development; (D) $175,000,000 shall be for Human Research; (E)$500,000,000 shall be for commercial crew capabilities; and (F) $100,000,000 shall be for Robotic Precursor Instruments andLow-Cost Missions.(2) For Space Operations, $4,253,300,000, of which

    (A) $3,129,400,000 shall be forthe ISS operations and crew/cargo support; and(B) $1,123,900,000 shall be for Space and Flight Serv- ices, of which $400,000,000 shall be directed toward the NASA launch support andinfrastructure modernization program. (3) For Science, $5,509,600,000, of which (A) $2,089,500,000 shall be for Earth Sciences; (B)$1,591,200,000 shall be for Planetary Science; (C) $1,149,100,000 shall be for Astrophysics; and (D) $679,800,000 shall be for Heliophysics. (4) For Aeronautics,

    $1,105,000,000, of which (A) $590,000,000 shall be for Aeronautics Research; and (B) $515,000,000 shall be for Space Technology. (5) For Education,$145,700,000, of which (A) $25,000,000 shall be for the Experimental Program to Stimulate Competitive Research; and (B) $45,600,000 shall be for the Space Gran

    program. (6) For Cross-Agency Support Programs, $3,276,800,000. (7) For Construction and Environmental Compliance and Restoration,$366,900,000. (8) For Inspector General, $38,700,000.

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    Topicality 1NC: Satellites: its exploration and/or development

    A) Interpretation: Affirmatives must increase the presence of the United States in Earth beyond the Earthsmesosphere through the deployment of new technologies.

    Its is possessive and exclusive, which excludes cooperation as a mandate of the plan.English Grammar 5(Glossary of English Grammar Terms, http://www.usingenglish.com/glossary/possessive-pronoun.html)

    Mine, yours, his, hers, its, ours, theirs are thepossessive pronouns used to substitute a noun and to show possession orownership. EG. This is your disk and that's mine. (Mine substitutes the word disk and shows that it belongs to me.)

    Grammatically, this refers solely to U.S.; any other interpretation makes interpretation impossible.Manderino 73(Justice Supreme Court of Pennsylvania, Sigal, Appellant, v. Manufacturers Light and Heat Co., No. 26, Jan. T., 1972, Supreme Court of Pennsylvania, 450 Pa.228; 299 A.2d 646; 1973 Pa. LEXIS 600; 44 Oil & Gas Rep. 214, Lexis)On its face, the written instrument granting easement rights in this case is ambiguous. The same sentence which refers to the right to lay a 14 inch pipeline (singular)

    has a later reference to "said lines" (plural). The use of the plural "lines" makes no sense because the only previous reference has been to a "line" (singular). Thewriting is additionally ambiguous because other key words which are "also may change the size of its pipes" are dangling in that the possessive

    pronoun "its" before the word "pipes" does not have any subject preceding, to which the possessive pronoun refers. Thedangling phrase is the beginning of a sentence, the first word of which does not begin with a capital letter as is customary in normal English [***10] usage.Immediately preceding the "sentence" which does not begin with a capital letter, there appears a dangling [*236] semicolon which makes no sense at the beginning of

    a sentence and can hardly relate to the preceding sentence which is already properly punctuated by a closing period. The above deviations from

    accepted grammatical usage make difficult, if not impossible, a clear understanding of the words used or the

    intention of the parties. This is particularly true concerning the meaning of a disputed phrase in the instrument which states that the grantee is to paydamages from ". . . the relaying, maintaining and operating said pipeline. . . ." The instrument is ambiguous as to what the words ". . . relaying . . . said pipeline . . ."were intended to mean.

    Remote sensing is not explorationCurtis et al, 9 Review Leader for the UK Space Exploration Review, British National Space Center (JeremyUK Space Exploration Review,http://www.lpi.usra.edu/lunar/strategies/UKSpaceExporationReview2009.pdf)

    2.4 What is space exploration?

    In the context of this report space exploration encompasses the region of the solar system that is accessible to humanbeings using currently feasible technology (orto reiterate the Global Exploration Strategy, 'Solar System destinations wherehumans may one day live and work'). This includes the Moon, Mars, certain Near Earth Objects (asteroids) andparticular regions of space from Low Earth Orbit (LEO) through to the various libration points in the Earth-Moon andEarth-Sun systems. These latter locations have special properties and uses (see box on p22).

    Excluded from this definition of space exploration is the purely scientific exploration of the outer Solar System(since we cannot yet build space vehicles able to carry and protect astronauts on such voyages), as well as space-based observatories used to study the stars and universe beyond. Likewise unmanned satellites in Earth orbit areexcluded for example those providing Earth observation, communications and navigation services). Both

    robotic and human activities are included exploration per se does not favour one over the other, though in many cases a combination of both is thebest approach.Space exploration within this definition encompasses projects which may combine in varying degrees scientific,technological, cultural and economic goals. Example goals include science objectives such as the study of lunar geology to understandthe history of the Earth; technology demonstrations, such as testing new communication techniques; and commercial projects such as thesearch for usable mineral resources on the Moon or Near Earth Objects.

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    Topicality 1NC: Satellites: its exploration and/or development

    Development excludes deployment of old technology.NASA et. Al 1983 (AGENCIES: Department of Defense (DOD), General Services Administration (GSA), andNational Aeronautics and Space Administration (NASA). 48 CFR Ch. 1 Establishing the Federal AcquisitionRegulation [PART FIVE OF TWELVE] 48 FR 42102 September 19, 1983)

    "Development," as used in this subsection, means the systematic use, under whatever name, of scientific and technicalknowledge in the design, development, test, or evaluation of a potential new product or service (or of animprovement in an existing product or service) for the purpose of meeting specific performance requirements orobjectives. Development includes the functions of design engineering, prototyping, and engineering testing. Development excludes: (1)subcontracted technical effort which is for the sole purpose of developing an additional source for an existingproduct, or (2) development effort for manufacturing or production materials, systems, processes, methods,equipment, tools, and techniques not intended for sale.

    of space indicates that space must be the object of exploration or development it is different from activitiesthat occur in spaceBockstiegel 95 Ph D., Directitor of the Institute of Air and Space Law, Chairman of the Space Law Committee of the International Law Association; Chairman of

    Council of the National German Space Agency (Dr. Karl-Heinz, 1995, Research and invention in outer space: liability and intellectual property rights pg 4.)The official title of the Outer Space Treaty (OST) mentions both exploration and use of outer space as the two activities of States which one has to take into account

    and which are therefore covered by the Outer Space Treaty. The same pair of terms appears again in the Preamble as well as further articles such as Article I and ArticleIII of the Treaty. Other articles and other space treaties either take up only one of these two terms or use a general terms such as activities in outer space (Art. VI,OST) or generally deal with objects launched into outer space (Art. VII, Art. VIII, OST and the Registration Convention) or space objects (Liability Convention) orfinally activities of States on the Moon and other celestial bodies (Moon Treaty). At first sight the distinction between exploration and use may seem sufficiently clear

    Indeed in connection with most space activities there may be little doubt which of these two terms is applicable. First doubts appear, however, because theOuter

    SpaceTreaty speaks of exploration of outer space. This wording could be interpreted to mean that space must

    be the object of exploration. The consequence would be that the great part ofresearch which has to take place in space in

    view of the specific physical conditions there, but which has as its object specific materials, would not be

    covered and might only be considered as use of space.

    B) Violation: The affirmative engages in a collaborative effort of deploying extant remote sensingtechnology.

    C) Standards:1) Limits: Allowing affs to engage in collaborative projects to watch the earth creates unpredictable and

    unlimited advantage areas and multiplies the number of topical affirmatives by 180.2) Ground The aff can claim unpredictable link turns to all our off case positions including unpredictable

    add-ons, destroying 1NC offense.3) Extra-Topicality: Mandating cooperation in the plan text is extra-topical, which is an independent voting

    issue for fairness and education because it forces us to counterplan out of the extra-topical portions ofplan, gutting status quo ground and it proves the resolution insufficient.

    D) Voting Issue for Fairness and Education: Topicality should be decided based on competinginterpretations. Whoever provides the best interpretation for debate should win.

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    Topicality 1NC: Space Elevators: its exploration and/or development

    A) Interpretation: Affirmatives must increase the presence of the United States in Earth beyond the Earthsmesosphere in commercial projects in space.

    Its is possessive and exclusive, which excludes cooperation as a mandate of the plan.English Grammar 5(Glossary of English Grammar Terms, http://www.usingenglish.com/glossary/possessive-pronoun.html)

    Mine, yours, his, hers, its, ours, theirs are thepossessive pronouns used to substitute a noun and to show possession orownership. EG. This is your disk and that's mine. (Mine substitutes the word disk and shows that it belongs to me.)

    Grammatically, this refers solely to U.S.; any other interpretation makes interpretation impossible.Manderino 73(Justice Supreme Court of Pennsylvania, Sigal, Appellant, v. Manufacturers Light and Heat Co., No. 26, Jan. T., 1972, Supreme Court of Pennsylvania, 450 Pa.228; 299 A.2d 646; 1973 Pa. LEXIS 600; 44 Oil & Gas Rep. 214, Lexis)On its face, the written instrument granting easement rights in this case is ambiguous. The same sentence which refers to the right to lay a 14 inch pipeline (singular)

    has a later reference to "said lines" (plural). The use of the plural "lines" makes no sense because the only previous reference has been to a "line" (singular). Thewriting is additionally ambiguous because other key words which are "also may change the size of its pipes" are dangling in that the possessive

    pronoun "its" before the word "pipes" does not have any subject preceding, to which the possessive pronoun refers. Thedangling phrase is the beginning of a sentence, the first word of which does not begin with a capital letter as is customary in normal English [***10] usage.Immediately preceding the "sentence" which does not begin with a capital letter, there appears a dangling [*236] semicolon which makes no sense at the beginning of

    a sentence and can hardly relate to the preceding sentence which is already properly punctuated by a closing period. The above deviations from

    accepted grammatical usage make difficult, if not impossible, a clear understanding of the words used or the

    intention of the parties. This is particularly true concerning the meaning of a disputed phrase in the instrument which states that the grantee is to paydamages from ". . . the relaying, maintaining and operating said pipeline. . . ." The instrument is ambiguous as to what the words ". . . relaying . . . said pipeline . . ."were intended to mean.

    Space development is limited to staffed commercial projects; everything else is space technology which isdistinctLivingston 07 former adjunct professor in the Graduate School of Business at Golden Gate University his doctoral dissertation was titled Outer Space Commerce:Its History and Prospects citing Eric Westling co-author of The Space Elevator and numerous papers on space tech and development [quals in card] (9/10/07, ThisWeek On The Space Show: Eric Westling, http://www.thespaceshow.com/guest.asp?q=298)

    Eric Westling is ascience writer, pundit on science, technology, and economics. He is the co-author of The Space Elevator with Dr.Brad Edwards . In addition, Mr. Westling is retired and is a former Army officerand helicopter pilot, civilian Airline Transport Pilot (ATP), formerconsultant to many small companies regarding engineering, computer, and business troubleshooting. His most recent papers are onSolarPowerSatellites, Economics ofthe Space Elevator, Energy and time lag in the 21st century , and Erics axioms (a list of principles of science,technology and economics). Mr. Westling stats that Space Development is the only long term answer to the, just starting, energy shortage; which will otherwise

    continue until we have an economic collapse. Hebelieves that no-one is doing space development . Instead, we have spacetechnology, not development. NASA has no TRL 10 therefore no plans to develop space . He defines spacedevelopment as the rapid expansion of manned [staffed] commercial projects in space.

    B) Violation: The affirmative mandates a cooperative endeavor that is universal, not private.

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    Topicality 1NC: Space Elevators: its exploration and/or development

    C) Standards:1) Limits Limits: Allowing affs to engage in collaborative projects creates unpredictable and unlimited

    advantage areas and multiplies the number of topical affirmatives by 180. This is especially bad becauseplan does not specify which countries are engaged in the multilateral effort.

    2) Ground: Allowing non-commercial activities gives the aff bidirectional advantage ground, which makeslink turns and add-ons unpredictable.3) Extra-Topicality: Mandating cooperation in the plan text is extra-topical, which is an independent voting

    issue for fairness and education because it forces us to counterplan out of the extra-topical portions ofplan, gutting status quo ground and it proves the resolution insufficient.

    D) Voting Issue for Fairness and Education: Topicality should be decided based on competinginterpretations. Whoever provides the best interpretation for debate should win.

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    Mesosphere

    Mesosphere is the atmospheric layer between the stratosphere and mesosphere.Collins English Dictionary 2009

    1. the atmospheric layer lying between the stratosphere and the thermosphere , characterized by a rapid decrease intemperature with height 2. the solid part of the earth's mantle lying between the asthenosphere and the core

    The mesosphere is at an altitude of 30 to 50 milesJessey 2000- Ph. D, professor of geology at CSU ( http://geology.csupomona.edu/drjessey/class/Gsc101/Moisture.html MOISTURE, CLOUDS andPRECIPITATION)

    Troposphere - lowest layer of the atmosphere where weather occurs. Temperature falls 3.5F per 1000 feet. Top lies at about 6-7 miles. Temperature varies from an

    average of 60 at the surface to -60 at the top of the troposphere. Tropopause - top of the troposhere.Stratosphere - top of the tropopause to about 30 miles. Temperature is constant to about 20 miles then increases to the stratopause. At the stratopause the temperature

    is about 40F. The temperature rise is due to the presence of an ozone layer. The ozone absorbs incoming UV radiation increasing the heat content of the gas. At about

    18 miles the ozone reaches its maximum concentration, about 5ppm. Without the ozone layer the Earth's surface would be warmer and the UV level much higher.

    Mesosphere - extends from 30 miles to about 50 miles. Temperature falls to -120F at the mesopause.Thermosphere - extends above the mesosphere more than 100 miles. Zone of increasing temperature, but this is meaningless since there is in effect no atmosphere

    present.

    The mesosphere is a region of the Earths mantle at a depth of over 660km

    ASU School of Earth and Space Exploration 03 (Spring 2003, Arizona State University SESE, Note: This is a course handout on the layers of theearth and other planets, Crust and Mantle vs. Lithosphere and Asthenospherehttp://ser.sese.asu.edu/GEO110/GEO110_S03/Dis2b.pdf)

    Lithosphere and Asthenosphere The lithosphere (litho:rock; sphere:layer) is the strong, upper 100 km of the Earth. The lithosphere is the tectonic plate we talk about in

    plate tectonics. The asthenosphere (a:without; stheno:strength) is the weak and easily deformed layer of the Earth that acts as a lubricant for the tectonic plates to slide

    over. The asthenosphere extends from 100 km depth to 660 km beneath the Earth's surface. Beneath the asthenosphere is

    the mesosphere, another strong layer. Crust and Mantle The crust is a chemically distinct layer at the surface of the Earth. Crustal material contains lighterelements like Si, O, Al, Ca, K, Na, etc... Feldspars (Anorthite, Albite, Orthoclase) are comon minerals in the crust (CaAL2Si2O8, NaALSi3O8 , KALSi3O8). The crustmay be divided into 2 types: oceanic and continental. Oceanic crust is usually 5-10 km thick and continental crust is 33 km thick on average. Beneath the crust is themantle. The mantle is made up of Si and O, like the crust, but it contains more Fe and Mg. Thus, Olivine (Fe2SiO4-Mg2SiO4) and pyroxene (MgSiO3-FeSiO3) are

    abundant in the mantle. The mantle extends to the core-mantle interface at approximately 2900 km depth. Thus, the mantlecontains the lower portion of the lithosphere, the asthenosphere, and the mesosphere. The crust is made of the upper portion of the lithosphere.

    Its

    Private contractors are distinct from the federal government

    Barbier 7 (Carl, US District Judge, TIEN VAN COA, ET AL VERSUS GREGORY WILSON, ET AL CIVIL ACTIONNO: 07-7464 SECTION: J(1) UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OFLOUISIANA 2007 U.S. Dist. LEXIS 87653)

    However, in their motion to remand, Plaintiffs argue that as an independent contractor, P&J is not an employee of thefederal government, and consequently does not enjoy derivative immunity and cannot invoke the FTCA. Plaintiffs citeUnited States v. New Mexico in support of the notion that private contractors, whether prime or subcontractors, are not

    government employees nor are they agents of the federal government. 455 U.S. 720, 102 S. Ct. 1373, 71 L. Ed. 2d 580(1982). According to the Court, "[t]he congruence of professional interests between the contractors and the Federal

    Government is not complete" because "the contractors remained distinct entities pursuing private ends, and their actionsremained [*4] commercial activities carried on for profit." Id. at 740; seealsoPowell v. U.S. Cartridge Co., 339 U.S. 497, 70 S. Ct. 755, 94 L. Ed. 1017 (1950).

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    Exploration

    Space exploration is the pursuit of colonization within the Earth-Moon-Mars space.Nicholas Peter and Katherina Stoffl 2009 (European Space Policy Institute (ESPI) Space Policy 25 (2009) 29e36, Global space explorat ion 2025: Europes

    perspectives for partnerships)

    Using the ESA definition from the document entitled European Objectives and Interests in Space Exploration. ESA 2007, space exploration is definedas to extend access and a sustainable presence for humans in Earth-Moon-Mars space, including the

    Lagrangian Points and near-Earth objects. In the context of this paper it encompasses therefore both robotic and human exploration activities.

    Exploration includes moon missions, Mars missions, and investigation of human presence elsewhere in the solarsystem.

    NASA 2011 (http://www.nasa.gov/exploration/about/esmd_mission.html)

    The Exploration Systems Mission Directorate (ESMD) MissionTo develop a sustained human presence on themoon; to promote exploration, commerce, and U.S. preeminence in space; and to serve as a stepping stone forthe future exploration of Mars and other destinations. Specifically, ESMD develops capabilities and supporting research and technology thatwill make human and robotic exploration possible. It also makes sure that our astronaut explorers are safe, healthy, and can perform their work during long-duration

    space exploration. In the near-term, ESMD does this by developing robotic precursor missions, human transportation elements, and life-support systems. TheESMD mission is derived from the Vision for Space Exploration first initiated in January 2004, which commitsthe United States to implement a sustained and affordable human and robotic program to:Explore the solar system and beyond; Extend human presence across the solar system, starting with a humanreturn to the moon by the year 2020, in preparation for human exploration of Mars and other destinations;Develop the innovative technologies, knowledge, and infrastructures both to explore and to support decisionsabout future destinations for human exploration; Promote international and commercial exploration participationto further U.S. scientific, security, and economic interests In December 2005, Congress incorporated the Vision into U.S. law through the

    NASA Authorization Act of 2005. The Act states that The NASA Administrator shall establish a program to develop a sustained human presence on the moon,including a robust precursor program, to promote exploration, science, commerce, and United States preeminence in space, and as a stepping stone to future explorationof Mars and other destinations.

    Space exploration is the investigation of plausible sites of human colonization in space.UK Space Agency 2010 (http://www.bis.gov.uk/ukspaceagency/what-we-do/exploring-the-universe)

    Space exploration is defined as the exploration using both robotic and human means of planetary destinationsupon which humans could one day live and work. At present, most experts think that the feasible destinationsfor space exploration are restricted to the Moon, Mars and certain asteroids. It is at present hard to conceive of human missions toJupiter, Saturn or beyond owing to the formidable challenges of providing power, food and water, long term protection from the radiation environment of deep space,and propulsion to make the missions possible within a reasonable time. The European Mars exploration programme has now been expanded to become a long-term

    collaboration with NASA.

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    Exploration

    Exploration includes moon missions, Mars missions, and investigation of human presence elsewhere in the solarsystem.

    NASA 2011 (http://www.nasa.gov/exploration/about/esmd_mission.html)

    The Exploration Systems Mission Directorate (ESMD) MissionTo develop a sustained human presence on the moon; to promote exploration, commerce, and U.S. preeminencein space; and to serve as a stepping stone for the future exploration of Mars and other destinations.Specifically, ESMD develops capabilities and supporting research and technology that will make human and robotic exploration possible. It also makes sure that ourastronaut explorers are safe, healthy, and can perform their work during long-duration space exploration. In the near-term, ESMD does this by developing robotic

    precursor missions, human transportation elements, and life-support systems.

    The ESMD mission is derived from the Vision for Space Exploration first initiated in January 2004, whichcommits the United States to implement a sustained and affordable human and robotic program to:

    Explore the solar system and beyond Extend human presence across the solar system, starting with a human return to the moon by the year

    2020, in preparation for human exploration of Mars and other destinations

    Develop the innovative technologies, knowledge, and infrastructures both to explore and to supportdecisions about future destinations for human exploration Promote international and commercial exploration participation to further U.S. scientific, security, and

    economic interests

    In December 2005, Congress incorporated the Vision into U.S. law through the NASA Authorization Act of2005. The Act states that The NASA Administrator shall establish a program to develop a sustained human presence on the moon, including a robust precursor

    program, to promote exploration, science, commerce, and United States preeminence in space, and as a stepping stone to future exploration of Mars and otherdestinations.

    Space Exploration includes international cooperation for expansion of humans beyond low earth orbit.

    The 2010 National Aeronautics and Space Administration Authorization Act (P.L. 111-267) 2010(http://legislative.nasa.gov/PL%20111-267.pdf)

    TITLE IIPOLICY, GOALS, AND OBJEC- TIVES FOR HUMAN SPACE FLIGHT AND EXPLORATION SEC. 201. UNITED STATES HUMAN SPACEFLIGHT POLICY. (a) USE OF NON-UNITED STATES HUMAN SPACE FLIGHT TRANSPORTATION CAPABILITIES.It is the policy of the United States thatreliance upon and use of non-United States human space flight capabilities shall be undertaken only as a contingency in circumstances where no United States-ownedand operated human space flight capability is available, operational, and certified for flight by appropriate Federal agencies. (b) UNITED STATES HUMAN SPACEFLIGHT CAPABILITIES.Con- gress reaffirms the policy stated in section 501(a) of the National Aeronautics and Space Administration Authorization Act of 2005

    (42 U.S.C. 16761(a)), that the United States shall maintain an uninterrupted capability for human space flight and operations in low-Earth orbit, and beyond, as anessential instrument of national security and of the capacity to ensure continued United States participation and leadership in the exploration and utilization of space.

    SEC. 202. GOALS AND OBJECTIVES. (a) LONG TERM GOAL.The long term goal of the human space flight andexploration efforts of NASA shall be to expand permanent human presence beyond low-Earth orbit and to doso, where practical, in a manner involving international partners. (b) KEY OBJECTIVES.The key objectives of the United States forhuman expansion into space shall be (1) to sustain the capability for long-duration presence in low-Earth orbit, initially through continuation of the ISS and fullutilization of the United States segment of the ISS as a National Laboratory, and through assisting and enabling an expanded commercial presence in, and access to,

    low-Earth orbit, as elements of a low-Earth orbit infrastructure; (2) to determine if humans can live in an extended manner in space with decreasing reliance on Earth,starting with utili- zation of low-Earth orbit infrastructure, to identify potential roles that space resources such as energy and materials may play, to meet national andglobal needs and challenges, such as potential cataclysmic threats, and to explore the viability of and lay the foundation for sustainable economic activities in space; (3)

    to maximize the role that human exploration of space can play in advancing overall knowledge of the universe,sup- porting United States national and economic security and the United States global competitive posture, andinspiring young people in their educational pursuits; and (4) to build upon the cooperative and mutually beneficial framework established bythe ISS partnership agreements and experience in developing and undertaking programs and meeting objectives designed to realize the goal of human space flight setforth in subsection (a).

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    Exploration

    Exploration is meaningless

    Daniel F. Lesteret al 2009 (Michael Robinson, Department of Astronomy C1400, University of Texas, Austin, TX 78712, USA b Hillyer College, University ofHartford, Visiions of Exploration, Space Policy 25 (2009), p. 237)That Americans have broadly embraced exploration as a part of their national identity seems clear. Yet, as the above examples show, this embrace provides little insight

    into the meanings of exploration, the effect of such meanings on the planning of missions, or the value of such missions to the nation. Why does such an important termas exploration retain such ambiguity? One finds many answers, but perhaps comedian Gary Owen explains it best. Certain words, Owen states, are freedomwords, terms with meanings broad enough to label things that would be hard to categorize. Like Owens made-up word insegrevious, exploration has come to

    mean whatever its users want it to mean.

    A space exploration plan cant be implemented its too ambiguous

    Daniel F. Lesteret al 2009 (Michael Robinson, Department of Astronomy C1400, University of Texas, Austin, TX 78712, USA b Hillyer College, University ofHartford, Visiions of Exploration, Space Policy 25 (2009), p. 237)In truth, the ambiguity of the term exploration has certain advantages, particularly from the perspective of fund- ing and policy making. Because funding of NASA

    budgets requires broad agreement in Congress, the fuzziness of exploration often avoids triggering debates that would weaken political support. In the political realm,its not desirable to have too precise a definition, according to Scott Hubbard, Stanford Professor of Engineering and Former Director of NASA Ames ResearchCenter, with respect to exploration. Within this environment, explains Hubbard, defining explo- ration too narrowly is not without some peril. Ian Pryke, Senior

    Fellow at George Mason University and Former Head of the European Space Agencys Washington Office, speaks in similar terms about the word. A little bit ofconstructive ambiguity never hurts. [19]. Yet this ambiguity comes with a price. If it makes it easier to craft policy and pass space budgets, it makes later decisions,such as policy implementation and mission metrics, more difficult. Five years after the announcement of VSE and four years after the Exploration Systems Architecture

    Study (ESAS), broad disagreement remains about core concepts in US space exploration. While VSE and the reports detailing and extending it deserve praise for beingvisionary and ambitious, they have also kicked the can down the road, delaying, rather than resolving, debates about the ultimate goals of space exploration.

    space exploration is beyond the Earths atmosphere

    Logsdon, 11 ( John M, Professor Emeritus of Political Science and International Affairs at

    George Washington Universitys Elliott School of International Affairs(http://www.britannica.com/EBchecked/topic/557348/space-exploration)space exploration, the investigation, by means of manned and unmanned spacecraft, of the reaches of the universe beyond

    Earths atmosphere and the use of the information so gained to increase knowledge of the cosmos and benefit humanity. Acomplete list of all manned spaceflights, with details on each missions accomplishments and crew, is available in the

    section Chronology of manned spaceflights.

    Space exploration is humansColumbia Encyclopedia 8 "space exploration." The Columbia Encyclopedia, Sixth Edition. 2008. Encyclopedia.com. 9

    May. 2011 .http://www.encyclopedia.com/topic/space_exploration.aspxWith over 51,000 entries The Columbia Encyclopedia (Sixth Edition) is an authoritative and exhaustive reference guide. Each entry is thorough and clear, the result of

    over 200 editors and academic advisors striving for depth and accuracy in the oldest, most venerable English language encyclopedia in the world. spaceexploration the investigation of physical conditions in space and on stars, planets, and othercelestial bodiesthrough the useofartificial satellites (spacecraft that orbit the earth), space probes (spacecraft that pass through the solar system and that may or maynot orbit another celestial body), and spacecraft with human crews. Satellites and Probes Although studies from earth using opticaland radio telescopeshad accumulated much data on the nature of celestial bodies, it was not untilafter World War II thatthe development of powerful rockets made direct space exploration a technological possibility. The first artificialsatellite, Sputnik I, was launched by the USSR (now Russia) on Oct. 4, 1957, and spurred the dormant U.S. program into action, leading to an international competition

    popularly known as the "space race." Explorer I, the first American satellite, was launched on Jan. 31, 1958. Although earth-orbiting satellites have by far accounted forthe great majority of launches in the space program, even more information on the moon, other planets, and the sun has been acquired by space probes.

    Exploration excludes near earth orbitHarrison Schmitt, 2003Chairman Of Interlune-Intermars Initiative Astronaut before the Senate Commerce, Science, and Transportation Committee'sSubcommittee on Science ,Testimony on the Commercial Development of Lunar Resources, 2003The term "space exploration" implies the exploration of the Moon, planets and asteroids, that is, "deep space," in contrast to

    continuing humanactivitiesin Earth orbit. Human activities in Earth orbit have less to do with exploration and more to do withinternational commitments, as in the case of the Space Station, and prestige and technological development, as in the case of China and Russia. There arealso research opportunities, not fully recognized even after 40 years, that exploit the opportunities presented by being in

    Earth orbit.

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    Development

    Development is peaceful access to space.Tamiya Nomura 1995 (Deputy Chairman of the Space Activities Commission, Japan, Japans new long-term vision, Space Policy, 11(1))

    The basic premise of space development is that it should enable access to the vastness of space and use theinfinite potential of space as the common property of all mankind, thereby making a full and effectivecontribution to the enduring prosperity of all inhabitants on earth.

    Development missions are distinct from science missions and commercial uses.Eileen Galloway 1986 (Honorary Director of the International Institute of Space Law of the Interna- tional Astronautical Federation; Trustee of the InternationalAcademy of Astronautics; Member of the Editorial Board of the Journal of Space Law; Former Special Consult- ant to the U.S. Senate Committee on Aeronautical and

    Space Sciences., THE SPACE STATION: UNITED STATES PROPOSAL AND IMPLEMENTATION, Journal of Space Law, 14(1))

    The preliminary definition of missions between 1991 and 2000 is foreseen in three categories: (1) science andapplications will have programs devoted to astrophysics, earth science and applications , solar system exploration, lifesciences, materials science and communication; (2) commercial uses will include materials processing in space, earth and oceansobservations, and communications; (3) technology development is defined as materials and structures, energyconversion, computer science and electronics, propulsion, controls and human factors, space station systems,operations, fluid and thermal physics.' In brief, the space station will engage in both the exploration and uses ofouter space. Among other uses will be the capability of assembling large structures and launching them into other orbits in outer space, as well as to the Moon,

    other celestial bodies and deep space probes. Some of the missions will be governmental while others represent private sector commercial activities.

    Development includes many specific activitiesHsu 9 (Feng, Ph.D. and Senior Fellow Aerospace Technology Working Group, and Ken Cox, Ph.D. and Founder & Director Aerospace Technology WorkingGroup, Sustainable Space Exploration and Space Development - A Unified Strategic Vision, 2-20, http://www.spacerenaissance.org/papers/A-UnifiedSpaceVision-

    Hsu-Cox.pdf)

    In our view, even with adequate reform in its governance model, NASA is not a rightful institution to lead or manage the nation's business in Space Development

    projects. This is because human space development activities, such as development of affordable launch vehicles,RLVs, space-based solar power, space touring capabilities, communication satellites, and trans-earth or trans-lunar space transportation infrastructure systems, are primarily human economic and commercial development endeavors that are not onlycost-benefit-sensitive in project management, but are in the nature of business activities and are thus subject to fundamental business principles related to

    profitability, sustainabil ity, and market development, etc. Whereas, in space exploration, by its nature and definition, there are basic human scientific research anddevelopment (R&D) activities that require exploring the unknowns, pushing the envelope of new frontiers or taking higher risks with full government and publicsupport, and these need to be invested in solely by taxpayer contributions.

    Development includes the use of knowledge to create useful materials.House of Representatives Committee on Science 1996 (OMNIBUS CIVILIAN SCIENCE AUTHORIZATION ACT OF 1996 R E PO R T OF THE COMMITTEE ONSCIENCE HOUSE OF REPRESENTATIVES ON H.R. 3322 together with DISSENTING VIEWS)

    FAAs R&D activities are funded from two major budget cat- egories: the Research, Engineering, and Development (RE&D) ac- count and Engineering,Development, Test and Evaluation of the Facilities and Equipment (F&E) account. Projects funded under Engineering, Development, Test, and Evaluation of theF&E ac- count fall within the category of research and development (R&D) as defined by the Office of Management and Budget (OMB). OMB Circular A-11, Budget

    Formulation / Submission Processes, which provides guidelines to the federal agencies used in reporting data on R&D budgets, specifies that R&D budgets should be

    divided into the categories of basic research, applied research, and development, where development is defined as systematic use of theknowledge gained from research for the production of useful materials, devices, systems, or methods, includingthe design and development of prototypes and processes.

    Development excludes subcontracted work and non-commercial activity.Department of Defense 1985 (32 CFR Parts 1-39 Defense Acquisition Regulation [DAC 76-42] 50 FR 28826 November 22, 1985, Lexis)

    (3) Development is the systematic use, under whatever name, of scientific and technical knowledge in thedesign, development, test, or evaluation of a potential new product or service (or of an improvement in an existing product orservice) for the purpose of meeting specific performance requirements or objectives. Development includes the functions ofdesign engineering, prototyping, and engineering testing. Development excludes: (i) subcontracted technical effort which is for thesole purpose of developing an additional source for an existing product; and (ii) development effort formanufacturing or production materials, systems, processes, methods, equipment, tools, and techniques notintended for sale (see 15-205.21).

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    Development

    Development includes contracted work.

    SMALL BUSINESS ADMINISTRATION 1984 (AGENCY: Small Business Administration. 13 CFR Part 121 Small Business SizeStandards; Revision 49 FR 5024 February 9, 1984)

    Research and Development, as defined in the SIC Manual, means laboratory or other physical research and developmenton a contract or fee basis. Research and development for purposes of size determinations does not include the following: economic, educational,engineering, operations, systems or other nonphysical research; or computer programming, data processing, commercial and/or medical laboratory testing.

    Space development includes Low Earth Orbit technologyFeng Hsu, PhD, Sr. Fellow, Aerospace Technology Working Group and Ken Cox, Ph.D. Founder & Director AerospaceTechnology Working Group, 2/20/09, Sustainable Space Exploration and Space Development - A Unified StrategicVision, http://www.spaceref.com/news/viewsr.html?pid=30702//jchen3. A Unified Vision for Concurrent Space Exploration and Space DevelopmentWe propose herein, and call forsuch a strategic and grand unified vision for both space exploration (VSE) and space development(VSD). This new unified space vision (USV) should be a comprehensive and balanced approach that addresses the long-term concurrent needs of space and science

    explorations, as well as the needs for space-based human economic development, which will benefit all of humanity while fostering world peace. It is a new

    paradigm of space vision with four critical strategic components: (1) A vision of sustainable and affordable space

    exploration efforts that aims at probing for and discovery of unknown (or known) planetary destinations beyond the earth-moon system. Under this foresight, the space-access developments within LEO (low Earth orbit), including major elements of the constellation

    program from the Bush VSE, need to be regarded as space (economic) development activities to be achieved via international partnerships.

    Space development includes launch vehicles, ISS development, and remote sensing satellitesCollins 2 (Patrick, Azabu University, The Cost to Taxpayers of Governments' Anti-Space Tourism Policy andProspects for Improvement, http://www.spacefuture.com/archive/pending/the_cost_to_taxpayers_of_governments_anti_space_tourism_policy_and_prospects_for_improvement.shtml)

    As a result, out of space agencies' cumulative funding to date of some $1 trillion, almost nothing has been spent to promote the development of passenger space travel ?although they have acknowledged that this is the only activity that will lead to commercialisation of space activities and hence to economic growth in space. Although

    space agencies are formally responsible for the commercial development of space, in reality they do no more than try to sell systems they have developed for politicalreasons. This is entirely different, and economically it is a costly failure. G7 governments' claim thay they are working to commercialise space activities is untrue: they

    are in fact using taxpayers' money under false pretences. Since the author's ISTS 2000 paper [15] G7 governments have spent a further $36 billion ona range of non-science 'space development' activities, centring on unprofitable expendable launch vehicles, unprofitable

    e international space station' development, and further unprofitable over-investment in remote sensing satellite systems .Over the same period they have once again spent almost nothing on work relevant to passenger travel.

    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,http://www.spacelaw.olemiss.edu/library/space/Korea/Laws/33jsl175.pdf)

    Article 2 (Definitions)

    Definitions of terms used in this Act are as follows: (a) The term space development 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 space development project means a project to promote spacedevelopment or a project to pursue the development of education, technology, information, industry, etc. related to space development; (c) The term space objectmeans 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 spaceaccident 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 satellite

    information means image, voice, sound or data acquired by using a satellite, or in formation made of their combination, including processed or applied information.

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    Development

    Space development includes satellites and launch vehiclesHwang 6 (Chin Young, Policy and International Relations Division Korea Aerospace Research Institute, Space

    Activities in KoreaHistory, Current Programs and Future Plans, Space Policy, 22(3), August, p. 199)

    Space development in Korea has several characteristics. First, space development activities are initiated by a scientificresearch institute, KARI, and a university, KAIST SaTRec, for peaceful purposes. Most development projects have been proposed byresearch institutes, not government decision makers. Second, most satellite missions are multipurpose. Since space development has not been initiated bythe top levels of government, funding has to be sought by research institutes and MOST. In order to get enough funds, missions must be able to meet variousrequirements of related ministries. At the same time, each space development project has to justify its feasibility in terms of an economic costbenefit analysis. Third,

    Korean space activities have been focused on hardwaredevelopment of satellites and launch vehiclesrather than on the

    development of a full vision and the missions that would accompany this. The national space development plan reflects these characteristics, eventhough it contains some mention of space science and manned missions to the ISS through the international cooperation program.

    Space Elevator is Topical

    Space elevator is built in space

    Bradley C. Edwards, 2003, Eureka Scientific, The Space Elevator: A New Tool for Space Studies, Gravitational and Space Biology Bulletin 16(2) June 2003,101-102, http://bit.ly/okhtEh

    A VIABLE SPACE ELEVATOR DESIGN Funded by a NASA Institute for Advanced Concepts grant, our program has defined a complete space elevatorthat can be constructed, deployed and operated using current or near-term technology. In our scenario, shown in Figure 1, aninitial ribbon (8 inches wide and on average microns thick) is deployed using four expendable launch vehicles and conventionalsatellite technology. The initial deployment spacecraft is launched to low-Earth orbit and then assembled. Anelectric propulsion system raises the orbit of the spacecraft to above geosynchronous where the initial ribbon isdeployed back down to Earth. The initial ribbon with one end attached to an anchor platform and the other 100,000 km up in space will be enlarged usingmechanical climbers. Each climber will ascend the ribbon and add to it until a complete elevator is achieved. The final system will have a ribbon that is three feet wideand microns thick. The anchor station will be an ocean-going platform located in the eastern equatorial Pacific to avoid lightning, hurricanes, high winds and optimizethe ribbon dynamics. Power for the initial spacecraft and the mechanical climbers will be delivered by a laser power beaming system consisting of a free-electron laser

    and 13 m-diameter, segmented, focusing optic. A debris tracking system will be used to implement active avoidance to deal with the orbital object and debris problem.

    Necessary

    Necessary means essential: no conditionality.Dictionary.com 2011 http://dictionary.reference.com/browse/necessarynecessary adjective 1.being essential, indispensable, or requisite: a necessary part of the motor. 2. happening or existing by necessity: a necessarychange in our plans. 3. acting or proceeding from compulsion or necessity ; not free; involuntary: a necessary agent.

    All means the entire: no presumption argumentDictionary.com 2011 (http://dictionary.reference.com/browse/all)all /l/ Show Spelled[awl] Show IPA adjective 1. the whole of(used in referring to quantity, extent, or duration): all the cake; all the way; all year. 2. the whole

    number of (used in referring to individuals or particulars, taken collectively): all students. 3. the greatest possible (used in referring to quality or degree): with alldue respect; with all speed.