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The world today is overwhelmed by wars between nations and within nations, wars that have dominated American politics for quite some time. Point of Attack calls for a new understanding of the grounds for war. In this book John Yoo argues that the new threats to international security come not from war between the great powers, but from the internal collapse of states, terrorist groups, the spread of weapons of mass destruction, and destabilizing regional powers. In Point of Attack he rejects the widely-accepted framework built on the U.N. Charter and replaces it with a new system consisting of defensive, pre-emptive, or preventive measures to encourage wars that advance global welfare. Yoo concludes with an analysis of the Afghanistan and Iraq wars, failed states, and the current challenges posed by Libya, Syria, North Korea, and Iran.
In 1997, a Mexican national named Jose Ernesto Medellin was
sentenced to death for raping and murdering two teenage girls in
Texas. In 2004, the International Court of Justice ruled that he
was entitled to appellate review of his sentence, since the
arresting officers had not informed him of his right to seek
assistance from the Mexican consulate prior to trial, as prescribed
by a treaty ratified by Congress in 1963. In 2008, amid fierce
controversy, the U.S. Supreme Court declared that the international
ruling had no weight. Medellin subsequently was executed.
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.
In The Administrative State Before the Supreme Court: Perspectives on the Nondelegation Doctrine, leading scholars consider a revival of the Constitution’s nondelegation doctrine—the separation-of-powers principle that bars Congress from transferring its legislative powers to the administrative agencies. Although the nondelegation doctrine has lain dormant since 1935, some Supreme Court justices have recently called for its return. As the Supreme Court takes up the doctrine in current cases, this volume makes a timely contribution to our understanding of the separation of powers and the Constitution.
In The Administrative State Before the Supreme Court: Perspectives on the Nondelegation Doctrine, leading scholars consider a revival of the Constitution’s nondelegation doctrine—the separation-of-powers principle that bars Congress from transferring its legislative powers to the administrative agencies. Although the nondelegation doctrine has lain dormant since 1935, some Supreme Court justices have recently called for its return. As the Supreme Court takes up the doctrine in current cases, this volume makes a timely contribution to our understanding of the separation of powers and the Constitution.
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