John Yoo

Senior Research Fellow
Research Areas
Constitutional Law
International and Comparative Law
Administrative Law
International business transactions and trade regulation

Biography

John Yoo is a senior research fellow at the Civitas Institute, and a distinguished visiting professor at the School of Civic Leadership at the University of Texas at Austin. He is also the Emanuel Heller Professor of Law at the University of California at Berkeley where he supervises the Public Law and Policy Program among other programs at Berkeley Law. Concurrently, he is a nonresident senior fellow at the American Enterprise Institute.

Yoo has served in all three branches of government: as an official in the U.S. Department of Justice, where he worked on national security and terrorism issues after the 9/11 attacks; general counsel of the U.S. Senate Judiciary Committee; and as a law clerk for Supreme Court Justice Clarence Thomas and federal appeals Judge Laurence Silberman. He has been also a visiting professor at the University of Chicago, in Japan and South Korea, Israel, and Italy.

He is the author, coauthor, editor, and coeditor of thirteen books on constitutional law, international law, national security, and the Supreme Court including, The Politically Incorrect Guide to the Supreme Court (Regnery, 2023) which he coauthored with Robert J. Delahunty; Defender in Chief: Donald Trump's Fight for Presidential Power (All Points Books, 2020); and Crisis and Command: A History of Executive Power from George Washington to George W. Bush (Kaplan Publishing, 2010). His commentary is regularly published in the popular press, including in The New York Times and The Wall Street Journal. The recipient of the Federalist Society’s Paul M. Bator Award, he graduated from Harvard College and Yale Law School.

Awards
Josh Blackman holds the Centennial Chair of Constitutional Law at South Texas College of Law and is an adjunct scholar at the Cato Institute. He has authored three books, and his latest, An Introduction to Constitutional Law, was a top five bestseller on Amazon. He is a contributing editor to Civitas Outlook.
Recent contributions

Trump, Lincoln and a ‘Habeas Corpus Threat’

Constitutionalism
May 18, 2025

Ending Nationwide Injunctions

Constitutionalism
May 15, 2025

The REINS Act Would Be Another Blow to the Administrative State

Constitutionalism
May 14, 2025
Latest from

John Yoo

Rational Nondelegation

Constitutionalism
Feb 27, 2025
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Trump, Lincoln and a ‘Habeas Corpus Threat’

Constitutionalism
May 18, 2025

Ending Nationwide Injunctions

Constitutionalism
May 15, 2025

The REINS Act Would Be Another Blow to the Administrative State

Constitutionalism
May 14, 2025

The Originalist Case for Birthright Citizenship

Constitutionalism
May 9, 2025

Relief for Trump in Sight — If Supreme Court Special Session Reins in Rogue Judges

Politics
Apr 25, 2025

What Trump Can Learn from George W. Bush on Immigration Strategy

Politics
Apr 23, 2025

Trump Could Have a Strong Case to Revoke Harvard’s Tax-Exempt Status

Politics
Apr 21, 2025

Emergency Powers and Constitutional Foundations

Constitutionalism
Apr 15, 2025

Shaking the Foundations of the Administrative State

Constitutionalism
Apr 4, 2025

An M.I.A. Congress Exacerbates the Clash Between Trump and the Courts

Politics
Mar 26, 2025

How Not to Run the World

Constitutionalism
Mar 23, 2025

Trump’s Risky Reliance on the Alien Enemies Act

Constitutionalism
Mar 21, 2025

The Federal Judiciary versus the Trump Administration

Constitutionalism
Mar 20, 2025

The Claim That Trump Is Causing a Constitutional Crisis Ignores a Key Reality

Politics
Mar 17, 2025

Trump’s Worthy Effort to Rein In ‘Independent’ Agencies

Constitutionalism
Mar 3, 2025

Breaking Watergate's Hold on the Presidency

Constitutionalism
Feb 21, 2025

Challenging the Claremont View of Birthright Citizenship

Constitutionalism
Feb 20, 2025

The Competing Tensions in America's Middle East Policy

Politics
Feb 13, 2025

Trump And Vance Aren’t Defying The Constitution, They’re Following It

Constitutionalism
Feb 12, 2025

Trump Has Launched a Necessary Fight Over the President’s Spending Discretion

Constitutionalism
Feb 7, 2025

Return to the Monroe Doctrine

Politics
Feb 5, 2025

Trump's Immigration Agenda and the Constitution

Constitutionalism
Jan 31, 2025

Birthright Citizenship Is American Citizenship

Constitutionalism
Jan 24, 2025

A Big TikTok Consideration Trump Needs to Prioritize on Day One

Politics
Jan 20, 2025

Trump and the Panama Canal: Why He Should Invoke the Monroe Doctrine

Politics
Jan 9, 2025

Natural Law vs. Positivism, Chapter 8

Constitutionalism
Dec 29, 2024

Globalization’s Challenge to American Constitutionalism

Constitutionalism
Dec 16, 2024

How Trump, AG Bondi Can Persuade Democrats to Abandon Lawfare

Politics
Jan 30, 2024

Trump and Foley Are Wrong on the TikTok Law

Constitutionalism
Jan 29, 2024

Trump Probes Can De-weaponize the Justice System — Starting with Alvin Bragg’s Daniel Penny Case

Politics
Jan 26, 2024

Why International Arrest Warrants for Netanyahu and Putin Are Anti-democracy Legal Garbage

Politics
Jan 3, 2024

We Need a Full Accounting of Biden’s Presidential Incapacity

Politics
Dec 31, 2023

Biden’s Lawfare by Other Means

Politics
Dec 26, 2023

Don't Fall For Merchan's Trap

Politics
Dec 8, 2023

The Fani Willis Trump Fiasco Is Far from Over. In Fact, It’s Just Getting Started

Politics
Dec 21, 2022

Joe Biden’s Unpardonable Pardons

Politics
Dec 15, 2022

Prosecute the Architects of Trump Lawfare for Election Interference

Politics
Jan 27, 2022
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John Yoo: The DOJ Is Being ‘Tricky’ but They May Be Right

Politics
Mar 18, 2025
5:28

John Yoo: How Will Trump Try to ‘Redirect’ the Justice Department Toward ‘Public Order and Safety’?

Politics
Mar 14, 2025
5:16

WSJ: The Legal Theory Behind Trump’s Plan to Consolidate Power

Constitutionalism
Mar 11, 2025
7:01

Litigation Update: Department of State v. AIDS Vaccine Advocacy Coalition

Constitutionalism
Mar 7, 2025
57:24

John Yoo: Supreme Court Temporarily Allows Trump’s Freeze on USAID Payments

Constitutionalism
Feb 27, 2025
3:51

John Yoo: President Trump Is Trying to Restore Energy to the Executive

Constitutionalism
Feb 19, 2025
9:57

John Yoo: Trump Is Trying to ‘Restore the Energetic Executive That Our Founders Wanted’

Constitutionalism
Feb 12, 2025
2:30

John Yoo: Musk’s Audits Are Part of Alexander Hamilton’s ‘Energetic Executive’

Politics
Feb 10, 2025
5:38

John Yoo: Dems Displaying ‘Institutional Weakness’ by Using Federal Judge to Unfreeze Funds Cut by Musk, DOGE

Constitutionalism
Feb 10, 2025
3:58

John Yoo: Trump Is Trying to Restore the Original Powers of the Presidency

Constitutionalism
Feb 7, 2025
5:09

What's Next for Birthright Citizenship?

Constitutionalism
Feb 4, 2025
1:00:25

John Yoo: Jack Smith Shows No Regret or Second Guessing

Politics
Jan 1, 2024
3:14

John Yoo: Merchan Is ‘Making Sure’ Trump Is the First Felon President

Politics
Jan 1, 2024
5:49

John Yoo: Critics Skewer New York Judge for Scheduling Trump’s Sentencing Before Inauguration

Politics
Jan 1, 2024
4:41

John Yoo: Biden Uses Carter’s Death to Take Dig at Trump

Politics
Jan 1, 2024
7:16
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The Three Whisky Happy Hour: Neoconclave Edition
The Three Whisky Happy Hour: Neoconclave Edition

Steven Hayward, John Yoo, and the pseudonymous Lucretia break down the week's top stories and continue a long-running argument about first principles.

EP18
May 10, 2025
Law Talk: Does AI Dream of Constitutional Rights?
Law Talk: Does AI Dream of Constitutional Rights?

Welcome to Law Talk with Richard Epstein and John Yoo. Our show is hosted by Charles C. W. Cooke.

EP2
May 5, 2025
Paul Gigot and John Yoo on Donald Trump, the Courts and Presidential Power
Paul Gigot and John Yoo on Donald Trump, the Courts and Presidential Power

Donald Trump keeps testing the limits of his executive authority, and courts have been pushing back. Is a constitutional crisis on the horizon? On this episode of Potomac Watch, law professor John Yoo speaks to Paul Gigot about what could be a looming clash between the President and the Supreme Court.

EP
Apr 21, 2025
The Trump Administration's Judicial Standoff
The Trump Administration's Judicial Standoff

John Yoo joins The Michael Medved Show to discuss the Trump administration's standoff with the judiciary.

EP
Mar 26, 2025
WSJ Opinion: Are We Facing a Constitutional Crisis?
WSJ Opinion: Are We Facing a Constitutional Crisis?

Wall Street Journal Opinion Editor-at-Large Gerry Baker interviews John Yoo about Trump's recent executive orders.

EP
Feb 13, 2025
Measuring the Limits of Trump’s Power With Constitutional Scholar John Yoo
Measuring the Limits of Trump’s Power With Constitutional Scholar John Yoo

John Yoo appears as a guest on Somebody's Gotta Win with Tara Palmeri

EP
Dec 23, 2024
The Three Whiskey Happy Hour: Special Happy New Year's Edition
The Three Whiskey Happy Hour: Special Happy New Year's Edition

EP524
Dec 21, 2024
The Three Whiskey Happy Hour: Globull Threats to Liberty
The Three Whiskey Happy Hour: Globull Threats to Liberty

A special mid-week holiday edition of the 3WHH.

EP521
Dec 18, 2024
The Three Whisky Happy Hour: Band Reunion Time
The Three Whisky Happy Hour: Band Reunion Time

John Yoo is back this week, bringing the 3WHH up to full strength again after last week’s astonishingly congenial episode, which can mean only one thing—not even high tariffs, which this week’s host (Steve) vainly tried to impose on ths discussion—could stop a vigorous free trade in ideas.

EP14
The Three Whisky Happy Hour: The Long March Back?
The Three Whisky Happy Hour: The Long March Back?

Another whirlwind week of controversies that exceeded our bandwidth to keep up (or at least to compress into an hour), but John Yoo, this week’s host, leads us in revisiting the question of “birthright citizenship” under the 14th Amendment.

EP15
The Three Whisky Happy Hour: Sister Souljah Time for the Dems?
The Three Whisky Happy Hour: Sister Souljah Time for the Dems?

March 8, 2025 episode of The Three Whisky Happy Hour titled "Sister Souljah Time for the Dems?"

EP
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