The Continuation of Politics by Other Means: The Original Understanding of War Powers

John Yoo

81 citations0/0 files storedCalifornia Law Review

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American Constitutional Law and Politics Judicial and Constitutional Studies Legal and Constitutional Studies

Abstract

In recent years, legal commentators have sharply criticized executive initiative in the war-making process.This Article examines the historical and legal background of the war powers in the Anglo-American world of the seventeenth and eighteenth centuries.The author argues that the war powers framework created by the Framers differs sharply from that envisioned by modern

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2003Democratic Accountability and the Use of Force in International Law 2013The bloodstained spear: public reason and declarations of war

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