John Yoo on the Constitution and WarMike 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.    

Comments

[Lou Gots]

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.

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