John Yoo Analysis

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John Yoo John Yoo, as previously discussed, takes on a different view of war powers of the President of the United States and Congress. As Yoo still delivers his argument from a legal approach, there is an explanation of what makes the President’s war power valid as it relates to the constitution, framers intentions, and how the legality of the U.S. going to war serves as his vindication. He does with by presenting three different views of how to observe war power: (1) what were to feelings/notions of the early settlers that came from Europe, (2) what were the framers intentions and should be approach reading those intentions, and (3) what role does Congress play in regards to shared war power with the President. Unlike Fisher, Yoo expresses …show more content…

Thus, what was left was the idea that a leader of the people should do whatever is necessary for the people as long as it is good. Did the settlers want a monarch once again? Of course not, but it was clear that the weakness of the Articles of Confederation was not going to lead to issues being solved. On the contrary, there was a need for a stronger government. However, Yoo argues for the type of government the framers wanted. On that notes, Yoo implies that such a level of power to the President is appropriate as it relates to historical context. Within the Monarch system, Yoo explains that parts (or branches) check each other for the greater good of the people and their well being. In his argument, Yoo uses John Locke to see what the framers wanted in terms of the legislature and executive powers. However, more importantly, Locke dealt with the federative power, which is the premise that sometimes that common people cannot have a say in matters. The matters that are obviously being discussed are foreign affairs and war. In the reading, it is clear that Locke wanted the executive power and the federative power to viewed with disconnection. Yoo fights for what Locke said about these matters, and on an even more important detail, it was the way of thinking that influenced the framers leading up to the time of the …show more content…

Again, this meaning here is that the constitution should have that level of flexibility to meet the needs of the people. As the evolution of America experiences quick drastic change—for example, the 20’s to the 60’s had a lot of social/economic/political changes in America—that is makes if necessary for that kind of adaption to also exist in the constitution. To Yoo, the framers intended this level of adaption to exist for generations to come, and should be expected in this day an age. This strengthens Yoo’s argument of Presidential power of war in America due to the fact that we live in more terrifying times than the time of the framers in early America. It makes sense to give that immediate authority to a single person who can work quickly and efficiently to protect the American people as commander in chief. And yet again, this was originated in the minds of the framers due to their experiences with

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