Committee Serial No. 8.

Since the September 11 attacks on the United States, the Bush administration has come under fire for its methods of combating terrorism. Waging war against al Qaeda has proven to be a legal quagmire, with critics claiming that the administration's response in Afghanistan and Iraq is unconstitutional. The war on terror—and, in a larger sense, the administration's decision to withdraw from the ABM Treaty and the Kyoto accords—has many wondering whether the constitutional framework for making foreign affairs decisions has been discarded by the present administration. John Yoo, formerly a lawyer in the Department of Justice, here makes the case for a completely new approach to understanding what the Constitution says about foreign affairs, particularly the powers of war and peace. Looking to American history, Yoo points out that from Truman and Korea to Clinton's intervention in Kosovo, American presidents have had to act decisively on the world stage without a declaration of war. They are able to do so, Yoo argues, because the Constitution grants the president, Congress, and the courts very different powers, requiring them to negotiate the country's foreign policy. Yoo roots his controversial analysis in a brilliant reconstruction of the original understanding of the foreign affairs power and supplements it with arguments based on constitutional text, structure, and history. Accessibly blending historical arguments with current policy debates, The Powers of War and Peace will no doubt be hotly debated. And while the questions it addresses are as old and fundamental as the Constitution itself, America's response to the September 11 attacks has renewed them with even greater force and urgency. “Can the president of the United States do whatever he likes in wartime without oversight from Congress or the courts? This year, the issue came to a head as the Bush administration struggled to maintain its aggressive approach to the detention and interrogation of suspected enemy combatants in the war on terrorism. But this was also the year that the administration’s claims about presidential supremacy received their most sustained intellectual defense [in] The Powers of War and Peace.”—Jeffrey Rosen, New York Times “Yoo’s theory promotes frank discussion of the national interest and makes it harder for politicians to parade policy conflicts as constitutional crises. Most important, Yoo’s approach offers a way to renew our political system’s democratic vigor.”—David B. Rivkin Jr. and Carlos Ramos-Mrosovsky, National Review

A landmark work of more than one hundred scholars, The Heritage Guide to the Constitution is a unique line-by-line analysis explaining every clause of America's founding charter and its contemporary meaning. In this fully revised second edition, leading scholars in law, history, and public policy offer more than two hundred updated and incisive essays on every clause of the Constitution. From the stirring words of the Preamble to the Twenty-seventh Amendment, you will gain new insights into the ideas that made America, important debates that continue from our Founding, and the Constitution's true meaning for our nation

George Washington was the unanimous choice of his fellow founders for president, and he is remembered to this day as an exceptional leader, but how exactly did this manifest itself during his lifetime? In George Washington, Nationalist, acclaimed author Edward J. Larson reveals the fascinating backstory of Washington’s leadership in the political, legal, and economic consolidation of the new nation, spotlighting his crucial role in forming a more perfect union. The years following the American Revolution were a critical period in American history, when the newly independent states teetered toward disunion under the Articles of Confederation. Looking at a selection of Washington’s most pivotal acts—including conferring with like-minded nationalists, establishing navigational rights on the Potomac, and quelling the near uprising of unpaid revolutionary troops against the Confederation Congress—Larson shows Washington’s central role in the drive for reform leading up to the Constitutional Convention. His leadership at that historic convention, followed by his mostly behind-the-scenes efforts in the ratification process and the first federal election, and culminating in his inauguration as president, complete the picture of Washington as the nation’s first citizen. This important and deeply researched book brings Washington’s unique gift for leadership to life for modern readers, offering a timely addition to the growing body of literature on the Constitution, presidential leadership, executive power, and state-federal relations. Gay Hart Gaines Distinguished Lectures Preparation of this volume has been supported by The Fred W. Smith National Library for the Study of George Washington at Mount Vernon and by a gift from Mr. and Mrs. Lewis E. Lehrman.

Reproduction of the original: The Right to Privacy by Samuel D. Warren, Louis D. Brandeis