"A convincing and judicious case for the need in a post-September 11 era to re-evaluate what the Constitution says about foreign affairs. Mr. Yoo's book covers a broad range of foreign policy areas like international law, treaties and multilateralism and addresses each with clarity and scholarly care. But at its heart, The Powers of War and Peace is a scathing criticism of those whom he argues have neglected their constitutional responsibility. . . . A valuable contribution to the tradition of works about the Constitution and foreign affairs. Like The Prince, it uses insider knowledge to boldly state political truths that others dare not utter."
(Nicholas J. Xenakis Washington Times
"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
"There is a refreshing elegance to Yoo's theory. Forgoing hair-splitting doctrinal debates about congressional and executive claims to primacy in foreign affairs, Yoo tells the two branches to duke it out politically, deploying their allocated powers to reach a political equilibrium. By shifting the debate from the legal to the political arena, 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. . . . An impressive scholarly achievement, The Powers of War and Peace should be read by anyone with an interest in constitutional law and foreign policy."
(David B. Rivkin Jr. & Carlos Ramos-Mrosovsky National Review
“The book argues that the Constitution gives the president a much larger role in foreign affairs and military operations than the other two branches of the federal government, that the president does not need a congressional declaration of war before placing troops on the ground and that treaties ratified the Senate have no legal impact unless Congress explicitly passes laws saying that they do.”
(Neal Katyal Washington Post
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About the Author
John Yoo is professor of law at Boalt Hall School of Law at the University of California, Berkeley, and a visiting scholar at the American Enterprise Institute. He served as general counsel of the Senate Judiciary Committee; as a law clerk to Justice Clarence Thomas and Judge Laurence H. Silberman; and, from 2001 to 2003, as a deputy assistant attorney general in the Office of Legal Counsel of the U.S. Department of Justice.