Between the pardoned turkeys and those running loose on Capitol Hill, controversy over insubordination and sedition seem to be on the menu this holiday. The six Democrats who posted a video addressed to service members sowed chaos and confusion about the proper chain of command and lawful military orders. It is crucial to understand the constitutional framework that distinguish lawful military action, legislative and executive powers, crime, and war. In today’s politics, rhetoric can make it difficult to discern the line between war and crime. John Yoo reminds us that not everything that harms society constitutes a war or justifies the use of military tools. That being said, where is the line drawn, and who draws it? And what is the proper role for members of Congress?

John Yoo is a nonresident senior fellow at the American Enterprise Institute, the Emanuel S. Heller Professor of Law at the University of California, Berkeley, and a Senior Research Fellow at the Civitas Institute at the University of Texas at Austin. Professor Yoo has served in all three branches of government. He was an official in the U.S. Department of Justice, where he worked on national security and terrorism issues after the 9/11 attacks. He served as general counsel of the U.S. Senate Judiciary Committee. He has been a law clerk for Supreme Court Justice Clarence Thomas and federal appeals Judge Laurence Silberman. Professor Yoo has published almost 100 scholarly articles on subjects including national security, constitutional law, international law, and the Supreme Court. Professor Yoo’s latest book is The Politically Incorrect Guide to the Supreme Court. 

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