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  • Report posted June 20, 2011 by John Yoo, James C. Ho The Sword and the Purse (Part 2); The President as Commander in Chief

    Under the Articles of Confederation, all war power was vested in a Congress and the United States lacked a formal executive. This arrangement proved unworkable as America’s foreign policy and defense, deprived of executive guidance, floundered. Recognizing the need for an executive to act with swiftness and dispatch in response to foreign threats, the Framers of the…

  • Report posted June 20, 2011 by John Yoo, James C. Ho The Sword and the Purse (Part 1); The Role of Congress in War

    From the retaliatory raids on the Barbary pirates at the turn of the 19th century to the ongoing bombing campaign in Libya, American Presidents have deployed military force several hundred times in the nation’s history. Yet Congress has declared war on only five occasions—and only once to initiate hostilities (the War of 1812 against Britain). There is no inconsistency in…

  • Commentary posted April 23, 2007 by James Jay Carafano, Ph.D., Mary DeRosa, Todd F. Gaziano, Suzanne Spaulding, John Yoo Listening For Terrorists: Surveillance Programs?Lessons Learned and the Way Ahead

    Delivered on February 23, 2007 Introduction In the wake of the September 11, 2001, terrorist attacks the National Security Agency (NSA) established a terrorist surveillance program to intercept the international communications of suspected transitional terrorists and their supporters. Press reports on the existence of this program engendered a national…

  • First Principles Series Report posted April 24, 2006 by John Yoo Energy in the Executive: Re-examining Presidential Power in the Midst of the War on Terrorism

    Conduct of the war on terrorism raises novel, complex, and unprecedented legal and policy issues. This should be expected from a conflict that knows no borders and involves enemy combatants who do not fight on behalf of any nation. But critics go beyond claiming that President George W. Bush has made poor policy decisions to alleging that he has acted unconstitutionally…

  • Commentary posted March 24, 2006 by John Yoo Embrace the need for decisive leadership

    Critics of the war on terrorism and the war in Iraq charge that President Bush has infringed on the Constitution. They say it's up to Congress to approve the course of the Iraq War, the interrogation policies at the Guantanamo Bay base and the wiretap surveillance by the National Security Agency. Yet this view misreads the Constitution's allocation of…

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