LEADER 04867nam 2200637 a 450 001 9910822564303321 005 20200520144314.0 010 $a1-281-96688-6 010 $a9786611966881 010 $a0-226-96033-1 024 7 $a10.7208/9780226960333 035 $a(CKB)1000000000579115 035 $a(EBL)408574 035 $a(OCoLC)436148404 035 $a(SSID)ssj0000225534 035 $a(PQKBManifestationID)11203112 035 $a(PQKBTitleCode)TC0000225534 035 $a(PQKBWorkID)10234434 035 $a(PQKB)11729003 035 $a(StDuBDS)EDZ0000122557 035 $a(MiAaPQ)EBC408574 035 $a(DE-B1597)523332 035 $a(OCoLC)1055416301 035 $a(DE-B1597)9780226960333 035 $a(Au-PeEL)EBL408574 035 $a(CaPaEBR)ebr10271874 035 $a(CaONFJC)MIL196688 035 $a(OCoLC)646790972 035 $a(EXLCZ)991000000000579115 100 $a20050216d2005 ub 0 101 0 $aeng 135 $aurcn||||||||| 181 $ctxt 182 $cc 183 $acr 200 14$aThe powers of war and peace $ethe constitution and foreign affairs after 9/11 /$fJohn Yoo 205 $a1st ed. 210 $aChicago $cUniversity of Chicago Press$dc2005 215 $a1 online resource (380 p.) 300 $aDescription based upon print version of record. 311 $a0-226-96031-5 320 $aIncludes bibliographical references (p. 305-355) and index. 327 $aThe 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. 330 $aSince 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 greater force 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 606 $aWar and emergency powers$zUnited States 607 $aUnited States$xForeign relations$xLaw and legislation 615 0$aWar and emergency powers 676 $a343.73/01 700 $aYoo$b John$01130380 801 0$bMiAaPQ 801 1$bMiAaPQ 801 2$bMiAaPQ 906 $aBOOK 912 $a9910822564303321 996 $aThe powers of war and peace$94022533 997 $aUNINA