The Yale Law Journal

Jide Nzelibe

Essay

Rational War and Constitutional Design

Jide Nzelibe & John Yoo

115 Yale L.J. 2512 (2006)

Contemporary accounts of the allocation of war powers authority often focus on textual or historical debates as to whether the President or Congress holds the power to initiate military hostilities. In this Essay, we move beyond such debates and instead pursue a comparative …