John Yoo's historical jurisprudence

4 posts

Bob Dylan Roof
John Yoo's constitutional theory is grounded in the traditions and historical practice of American officials rather than the text itself. This means that he derives his understanding of the scope of the Constitution from an understanding of how public officials, particularly the president, have acted in the course of their office.

Antiwar Senator, War-Powers President
Like all of his predecessors, this president has realized why the Constitution vested certain powers in the executive branch: Only it can act with dispatch.


President Barack Obama has again flip-flopped on national security—and we can all be grateful. Having kept Guantanamo Bay open, resumed military commission trials for terrorists, and expanded the use of drones, the president has now ordered the U.S. military into action without Congress's blessing.

Imagine the uproar if President Bush had unilaterally launched air attacks against Libya's Moammar Gadhafi. But since it's Mr. Obama's finger on the trigger, Democratic leaders in Congress have kept quiet—demonstrating that their opposition to presidential power during the Bush years was political, not principled.

Mr. Obama's exercise of war powers in Libya is firmly in the tradition of American foreign policy. Throughout our history , neither presidents nor Congress have acted under the belief that the Constitution requires a declaration of war before the U.S. can conduct military hostilities abroad. We have used force abroad more than 100 times but declared war in only five cases: the War of 1812, the Mexican-American and Spanish-American Wars, and World Wars I and II...

Continued at
Team Zissou

I like it when people named Yoo tell us what our Constitution actually means.

Sadly, it requires an Oriental to explain to people that the Constitution is not a magic scroll nor is it a wad of Play-Doh to be molded by a Rabbinic judicial elite to guarantee that homosexual people can carry on weird performance theatre exhibitions.

When Whites start being grown-ups again, they'll appreciate this and won't need Charlie Chan to explain it to them.

This chink needs his balls crushed with a visegrip.