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Showing 1-2 of 2 reviews(Verified Purchases). See all 21 reviews
on March 9, 2016
Great condition.
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on November 8, 2005
Professor John Yoo, an accomplished constitutional scholar, has written a outstanding volume exploring the U.S. Constitution's allocation of powers in matters of war and international affairs. This overview of our Constitution's framework for understanding the roles and relations of the three branches of government in based upon clear reasoning and close attention to history and practice.

Yoo deftly analyzes the respective roles of the Executive and Legislative branches in making and declaring war, arguing that the Constitution provides for a great deal of flexibility and latitude in dealings with foreign nations. He aptly deals with the debate over whether international treaties are generally self-executing or require implementing legislation, making a persuasive argument for the latter position as most consistent with the text and structure of the Constitution. Yoo also provides a sensible and coherent constitutional approach to understanding and distinguishing between treaties and congressional-executive agreements. These topics and others are treated in a careful and methodical manner, as Yoo generally argues from the viewpoint that the Constitution should be read in light of the original understanding of its ratifiers. He (wisely) advocates a conceptual framework for understanding our Constitution's approach to foreign affairs that is relevant and resembles actual historical and contemporary practice. (This is something that many scholars and theorists fail to do.)

Throughout the book, Yoo demonstrates a mastery of both the constitutional case law in this interesting area and the legal scholarship that precedes his own work.

The book is written in a clear and lucid manner, providing repetition on important points while avoiding any sense of repetitiveness. It is accessible to both those who are familiar with constitutional history and constitutional law concerning the separation of powers as well as those with some historical and legal background in those areas.

This review can only scratch the surface in terms of the content of this work. Yoo's book is a first-rate intellectual achievement. And it will likely become a standard, authoritative reference for citizens and scholars (and especially originalists) in the years to come.
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