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Powers of War and Peace The Constitution and Foreign Affairs After 9/11

ISBN-10: 0226960323
ISBN-13: 9780226960326
Edition: 2006
Authors: John Yoo
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Description: Since the September 11 attacks on the United States, the Bush administration has come under fire for its methods of combating terrorism. Waging war against al Qaeda has proven to be a legal quagmire, with critics claiming that the administration's  More...

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Book details

List price: $19.00
Copyright year: 2006
Publisher: University of Chicago Press
Publication date: 10/2/2006
Binding: Paperback
Pages: 378
Size: 6.00" wide x 9.00" long x 1.25" tall
Weight: 1.188
Language: English

Since the September 11 attacks on the United States, the Bush administration has come under fire for its methods of combating terrorism. Waging war against al Qaeda has proven to be a legal quagmire, with critics claiming that the administration's response in Afghanistan and Iraq is unconstitutional. The war on terror--and, in a larger sense, the administration's decision to withdraw from the ABM Treaty and the Kyoto accords--has many wondering whether the constitutional framework for making foreign affairs decisions has been discarded by the present administration. 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 greaterforce 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 Yoois a professor of law at the University of California at Berkeley School of Law, where he has taught since 1993. From 2001-2003, he served as a deputy assistant attorney general in the Office of Legal Counsel of the U.S. Department of Justice, where he worked on issues involving foreign affairs, national security, and the separation of powers. He served as general counsel of the U.S. Senate Judiciary Committee from 1995-96, where he advised on constitutional issues and judicial nominations.Professor Yoo received his B.A., summa cum laude, in American history from Harvard University and his J.D. from Yale Law School. He was a visiting professor at the University of Chicago Law School in 2003 and at the Free University of Amsterdam in 1998. In 2006, Professor Yoo held the Distinguished Fulbright Chair in Law at the University of Trento (Italy).Professor Yoo has published many articles on foreign affairs, national security, and constitutional law. He is the author ofThe Powers of War and Peace: Foreign Affairs and the Constitution after 9/11(University of Chicago Press, 2005) andWar by Other Means: An Insider's Account of the War on Terror(Atlantic Monthly Press, 2006).Crisis and Commandcompletes his trilogy on the controversies provoked by the September 11th attacks of 2001.

Preface
Introduction
The Eighteenth-Century Anglo-American Constitution and Foreign Affairs
Foreign Affairs and the Prelude to the Constitution
Writing and Ratifying a Foreign Affairs Constitution
War Powers for a New World
International Politics as Law? Interpreting and Ending Treaties
Treaties and the Legislative Power
Laws as Treaties? Statutes as International Agreements
The Constitution and the Multilateral Future
Notes
Index

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