Professor Kontorovich's Book Review Published by Policy Review

Professor Eugene Kontorovich is author of a book review published in Policy Review in which he discusses John Yoo's The Powers of War and Peace: The Constitution and Foreign Affairs After 9/11 (University of Chicago Press).

War Powers, Policy Review, April and May 2006. By Eugene Kontorovich.

Yoo argues that pre-Revolutionary British political thought and constitutional practice developed a formal, distinct concept of 'executive' and 'legislative' powers. In particular, foreign relations and war were regarded as 'executive.' These notions were studied and adopted by the Founders, with some modifications to reflect the republican circumstances. Thus, when the Constitution provides that 'the executive Power shall be vested in a President,' Yoo sees it as referring to a definite set of powers and responsibilities, those that had traditionally been regarded as executive. He applies this model — along with considerable analysis of constitutional text and actual practice — to current controversies, with mixed results."

Read the review