John Yoo

John Yoo is a law professor at the University of California, Berkeley, and a visiting scholar at the American Enterprise Institute. He is the author of Point of Attack: Preventive War, International Law, and Global Welfare (Oxford University Press, 2014).

Benghazi and the Constitution

With the creation of a special congressional committee to investigate the 2012 attack on the U.S. consulate in Benghazi, the three branches of government will soon head for a constitutional collision. Obama administration officials, past and present, will resist the call to testify. They will respond to congressional subpoenas by claiming executive privilege or asserting their right to avoid self-incrimination. To get answers to its questions, the committee may hold Obama officials in contempt. Under today’s misconceived system of judicial supremacy, the courts may decide the winner. If the original understanding of the Constitution prevailed, Congress would probably prevail. But investigations has become yet another matter where Washington, D.C.’s practices have strayed far from the Constitution.

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John Yoo responds to “Taming International Law with Presidential Supremacy”

Mr. Carpenter’s review makes some excellent points, but I want to focus here on his two points of criticism of Taming Globalization.  First, he says that the book is lacking because it spends too little time on the Bricker Amendment, which he suggests was not the initiative of southerners interested in protecting segregation from international human rights treaties.  Second, he argues that federal courts, rather than the President,  should have the primary say in interpreting customary international law (and he further implies that this conclusion in Taming Globalization is the product of my pro-executive views while serving in the Bush administration).

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Taming Globalization: A Conversation with John Yoo

In this podcast, John Yoo discusses his new book, co-authored with Julian Ku, Taming Globalization: International Law, the U.S. Constitution, and the New World Order. Yoo focuses attention on the proliferating sources of international law in treaties, conventions, agreements, and customary international law that transnationalists believe should be more easily incorporated into America's constitutional and domestic law. Yoo's arguments, however, are not reactionary. After highlighting the constitutional and philosophical arguments made by transnationalists on behalf of this posture, Yoo discusses how the Constitution's structure of separation of powers and federalism can be utilized in aiding America in the growing international…

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