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The Powers of War and Peace (Paperback, New Ed)
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The Powers of War and Peace (Paperback, New Ed)
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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
"
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