The Powers of War and Peace: The Constitution and Foreign Affairs after 9/11
By John Yoo
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About this ebook
John Yoo, formerly a lawyer in the Department of Justice, here makes the case for a completely new approach to understanding what the Constitution says about foreign affairs, particularly the powers of war and peace. Looking to American history, Yoo points out that from Truman and Korea to Clinton's intervention in Kosovo, American presidents have had to act decisively on the world stage without a declaration of war. They are able to do so, Yoo argues, because the Constitution grants the president, Congress, and the courts very different powers, requiring them to negotiate the country's foreign policy. Yoo roots his controversial analysis in a brilliant reconstruction of the original understanding of the foreign affairs power and supplements it with arguments based on constitutional text, structure, and history.
Accessibly blending historical arguments with current policy debates, The Powers of War and Peace will no doubt be hotly debated. And while the questions it addresses are as old and fundamental as the Constitution itself, America's response to the September 11 attacks has renewed them with even greater force and urgency.
“Can the president of the United States do whatever he likes in wartime without oversight from Congress or the courts? This year, the issue came to a head as the Bush administration struggled to maintain its aggressive approach to the detention and interrogation of suspected enemy combatants in the war on terrorism. But this was also the year that the administration’s claims about presidential supremacy received their most sustained intellectual defense [in] The Powers of War and Peace.”—Jeffrey Rosen, New York Times
“Yoo’s theory promotes frank discussion of the national interest and makes it harder for politicians to parade policy conflicts as constitutional crises. Most important, Yoo’s approach offers a way to renew our political system’s democratic vigor.”—David B. Rivkin Jr. and Carlos Ramos-Mrosovsky, National Review
John Yoo
JOHN YOO is Emanuel S. Heller Professor of Law at the University of California at Berkeley and a fellow of the American Enterprise Institute and the Hoover Institution He has served as Deputy Assistant Attorney General and General Counsel for the U.S. Senate Judiciary Committee. He holds an A.B. from Harvard University and a J.D. from Yale Law School. ROBERT J. DELAHUNTY is a graduate of Oxford University, Columbia University, and Harvard Law School. He has held the LeJeune Chair of Law at the University of St Thomas Law School in Minneapolis and published widely in Constitutional Law. Delahunty served in the U.S. Department of Justice for seventeen years and was Deputy General Counsel in the White House Office of Homeland Security. His writing has appeared in National Review Online, The Federalist, Fox News, and the Wall Street Journal.
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