Unlike Fisher, John Yoo Believes That The Intention Of

1280 WordsMay 8, 20176 Pages
Unlike Fisher, John Yoo believes that the intention of the framer was to lay out a Constitution that would evolve with time. He is not stating that the Constitution does not hold true but rather that because of different circumstances during these times that the Constitution should not be followed word for word. This is why Yoo’s believes that the President can hold power to declare and terminate war and has because Congress has allowed the President to make these decisions. He acknowledges that his approach is different. He feels that without strict limitations to the Constitution it provides more flexibility when it comes to war making decisions (pg. 293). He argues that the Constitution does not explain a single process when it…show more content…
12). WPR was written poorly stating that they only consult congress and not making it mandatory. They also mistakenly stated that the President must report any decisions within forty-eight hours of sending military forces into hostilities, which only demands the President communicates with Congress after they have initiated (pg. 13). This is a failure on the behalf of Congress because they did not take control and stop the initiating of military usage from the President. The various times the military has been use by the President to initiate war the action itself was not him declaring war but due to his initiation of military power it has cause for this be a sign of initiating war. Yoo 's could argue that the use of military power is part of his duties as the Commander in Chief as stated in the Constitution. If after these attacks they turn into war he did not perform any duties that are out of the scope of his position. One of the main goals of the framers was to divide power between the President and Congress to prevent the President from having sole power on making decision about war. Zoo’s states that there is a flaws to this theory because the frames allowed Congress to have sole power to make war making decisions (pg. 155). If the framers were trying to avoid giving the President sole power to dictate such important decisions, they did not consider the fact that they have now given the sole power to

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