The Obama Administration and the Use of Military Force John Yoo by Another Name?

Abstract

The George W. Bush presidency posed a direct challenge to the rule of law in a number of areas, including the use of military force. An initially secret September 25, 2001 memo written by John Yoo and never repudiated by the administration claimed inherent or plenary power for the President to make all decisions regarding the use of military force, whether or not authorized by Congress (and even by ignoring limits Congress attempted to place on presidential power). As a candidate for president, Barack Obama correctly stated that the President can only act unilaterally in an emergency situation when responding to “an actual or imminent threat to the nation”. As President, however, Obama administration lawyers have found new ways to reach the same conclusion as Yoo — that there are no meaningful constitutional or statutory limits on presidential power to order the use of military force.