ABSTRACT

The Bush administration touched its house jurist, John Yoo, for a legal opinion that would give it unfettered war powers under this indefinite and unspecific mandate. Yoo obliged in terms that certainly rhyme easily with Schmitt. Some of these opinions have recently peeped out into the press and we now know that Yoo’s sketch

included assertions that the president could use the nation’s military within the United States to combat people deemed as terrorists and to conduct raids without obtaining a search warrant. [. . . And] that the president could unilaterally abrogate foreign treaties, deal with detainees suspected of terrorism while rejecting input from Congress and conduct a warrantless eavesdropping program.