The Powers of War and Peace: The Constitution and Foreign Affairs after 9/11

John Yoo examines the constitutional framework governing U.S. foreign affairs and war powers in the post-9/11 era. He argues that presidents have historically exercised broad authority in foreign policy without formal declarations of war, a practice rooted in constitutional ambiguity. Yoo analyzes controversies surrounding the Bush administration's war on terror, including detention and interrogation policies, and the withdrawal from international treaties. Drawing on history and constitutional text, he advocates for a clearer understanding of the distinct roles of the president, Congress, and courts in managing foreign affairs and national security.