AUTHOR'S NOTE: I appreciate the very helpful comments and suggestions by David Gray Adler and Robert Spitzer. The views expressed here are personal, not institutional.
The Law: John Yoo and the Republic
Article first published online: 11 JAN 2011
© 2011 Center for the Study of the Presidency
Presidential Studies Quarterly
Volume 41, Issue 1, pages 177–191, March 2011
How to Cite
FISHER, L. (2011), The Law: John Yoo and the Republic. Presidential Studies Quarterly, 41: 177–191. doi: 10.1111/j.1741-5705.2010.03836.x
- Issue published online: 11 JAN 2011
- Article first published online: 11 JAN 2011
In his articles, books, and legal memoranda for the U.S. Department of Justice, John Yoo is well known for favoring broad and even exclusive presidential power in the field of national security. Less understood is his dependence on the British model and the prerogatives it extended to the king over external affairs. In his writings, Yoo devotes little attention to the framers' rejection of British executive prerogatives. Even less does he acknowledge their commitment to a republic, a form of government in which sovereign power is vested not in an executive but in the people.