The Right Coast

Editor: Thomas A. Smith
University of San Diego
School of Law

A Member of the Law Professor Blogs Network

Tuesday, March 29, 2011

John Yoo on the Constitution and War
Mike Rappaport

John Yoo has a series of blog posts over at Ricochet that argue that the President can initate force against other countries.  The problem is that John does not address the strongest argument against his position: Mike Ramsey's argument that I have been trumpeting. 

In fact, John criticizes the "Congress must declare war" position on the ground that it is supported only by framer intent, not text.  But John knows, since he debated Mike Ramsey in the Chicago Law Review, that there is a strong textual argument for that view.  Yet, he ignores it.  

I like John and have learned much from him.  But he should address this textual argument.    

http://rightcoast.typepad.com/rightcoast/2011/03/john-yoo-on-the-constitution-and-warmike-rappaport.html

| Permalink

TrackBack URL for this entry:

http://www.typepad.com/services/trackback/6a00d8341bf6e253ef014e60403d14970c

Listed below are links to weblogs that reference John Yoo on the Constitution and War
Mike Rappaport
:

Comments

The textual arguments line up on Yoo's (and mine) side. "Wage war" is not the same thing as "declare war." The Framers and the Founders knew and understood these distinct concepts, for the had the Articles of Confederation before them, and they used the terms themselves distinguishably, in our Constitution.

Military technology, and the pace of war, have made the 18th Century concept of Congressional war power less important than it was then. Perhaps we should update it to meet contemporary reality, or perhaps not.

On the contrary, I would say, that our flexibility and ability to respond without hesitation are among our greatest strengths. Other countries cannot do what we can do, because they do not have the weapons that we have.

Congress knows these things. They have appropriated money (the other side of Congressional war power) for them. Congress has paid for the carrier battle groups, the amphibious task forces, the missile submarines, the intercontinental bombers, and all the rest. They have appropriated money to operate them from year to year.

This discussion reminds me of the RKBA debate, wherein the gun-grabbers maintain that we should trash the text of the Second Amendment because gun technology has made the right to keep and bear arms obsolete, muskets being so much lass effective than modern weapons.

Posted by: Lou Gots | Mar 31, 2011 6:52:26 PM

These have less dosage compared with prescribed pills.

Posted by: meizitang diet pills | Apr 1, 2011 6:44:52 AM

In order to meet the requirements of different users, Office 2010 standard version has 4 different versions: Standard Edition, small business, professional and Enterprise editions in Chinese. In the table below, lists the components of each release contains:

Posted by: office 2010 download | Jul 15, 2011 12:46:21 AM

In order to meet the requirements of different users, Office 2010 standard version has 4 different versions: Standard Edition, small business, professional and Enterprise editions in Chinese. In the table below, lists the components of each release contains:

Posted by: office 2010 download | Jul 15, 2011 12:48:04 AM

Rosetta Stone is (CALL) developed by Both its title and logo refer to the an artifact inscribed in multiple languages that helped to decipher The company is headquartered in
The Rosetta Stone software uses a combination of images, text, and sound, with difficulty levels increasing as the student progresses, in order to teach various vocabulary terms and grammatical functions intuitively, without drills or translation. They call this the "Dynamic Immersion method". According to the company, the software is designed to teach languages the way are learned.
http://www.bestonlinevshop.com

Posted by: rosettastone | Jul 15, 2011 10:47:40 PM

Keep in mind that if you want to lose weight,you must take good control of youself.

Posted by: meizitang botanical | Jul 15, 2011 10:57:54 PM

These have less dosage compared with prescribed pills.

Posted by: meizitang botanical | Jul 15, 2011 10:59:52 PM

I gree with you.joho should address this textual argument.

Posted by: photoshopcs5s | Jul 19, 2011 1:57:19 AM

Keep in mind that if you want to lose weight,you must take good control of youself.

Posted by: meizitang | Jul 19, 2011 2:25:41 AM

Gets better and better with every release!I found the transition to Photoshop CS5 incredibly easy.
office 2010 release date june I can't really verbalize why I like it so much, because I adapted to it very naturally and seamlessly. I would like to take more time to learn the 3D techniques and study the new features, but my workload has been so busy that I have used it to fulfill my requirements and I haven't delved into new features as much as I would like. office 2010 release date mac I am looking forward to having time to do that and I appreciate that there are tutorials to help me out.

Posted by: photoshopcs5s | Jul 19, 2011 2:39:02 AM