Tuesday, March 29, 2011
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.