Thursday, May 6, 2010

Crisis and Command: The History of Executive Power from George Washington to George W. Bush

By John Yoo

Using a popular technique for ranking American presidents, Yoo refracts their historical status through the lens of Article II of the Constitution. George Washington rates number one in Yoo's book for setting precedents: all his successors have the power to remove officials, to wage war, and to invoke executive privilege (keep secrets from Congress) none of which is explicit in Article II because of Washington. Yoo rates Lincoln and FDR second and third, respectively, for reasons familiar to history readers. Readers will learn about Supreme Court decisions that have pertained to the president's powers, along with Yoo's expansive interpretation thereof. Addressing criticism that the power pendulum has historically swung too far from Congress, Yoo rebuts with arguments that the legislature could, but rarely does, reclaim powers it has delegated to the executive. This will appeal to the core audience for constitutional law but will also draw interest based on the author's frequent TV appearances and his notoriety many critics regarded his legal advice to the Bush administration as anathema.

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