Title: On Presidential Power
Headings: 
On Presidential Power
by John Yoo

Content: On Presidential Power
On Presidential Power
by John Yoo
John Yoo explains the enormous power of the Presidency and the executive branch that our new President will soon wield—surely no more bashfully than his predecessors—as a function of the size, complexity and power of American society, as well as of American history. Presidential power has always been controversial. Congress and the Judiciary have clashed with both Bush and Clinton administrations over matters of executive privilege, impeachment, and the war on terror. Almost all modern presidents have moved to expand their power. So it is an even bet that given the foreign policy challenges of Iraq, Afghanistan, Iran, and North Korea—not to mention the disruptions to the domestic economy of the credit crisis—Barack Obama will soon be drawing on the well of executive power every bit as deeply as his predecessors have. But critics have recently insisted that it is unconstitutional for a President to make war policy without consulting Congress first, despite the Commander in Chief role assigned to that office by the Constitution. Others, critical of what they believe to be excessive secrecy, suggest that military and intelligence agencies ought to report jointly to Congress, not just to the President, as they do today. Presidents, they say, should generally refrain from acting unless they have obtained the express permission of Congress and the courts. American history and law provides little support for this view. The Presidency’s role in war, national security, and policy both foreign and domestic has only increased ever since the founding of the nation.