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…
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…