Struggle For War Power Between U.S. Presidency And The Congress

The distribution of war power in which the United States Constitution has been agray area in a long term, and in this period with significant constitutional tension andbitter power struggles, thus making it one of the main topics between the President andCongress of the United States at loggerheads over. Therefore, since the implementationof the Constitution of the United States, assigned different interpretation of the WarPowers’ distribution and the fight between the President and Congress has became thefocus throughout this gray area. Understanding and in-depth study of the United StatesConstitution, the law, the operation mechanism of Congress and the President;aware ofthe distribution of war power between the government and Congress; explore themeaning of that assigned; thus can deepen the understanding of the Americanconstitutional system and grasp accurately external war decision-making mechanism. Bycombing the historical struggling process of war power between the President andCongress and conducting the analysis of actual case, that will help us practicalunderstanding of behaviors of the government and Congress and their interactiverelationship in actual wars, and there will be also a great help of anticipating thepossibility of the United States launch or involve in a overseas war and the end of thewar.First, the thesis use of the concept analysis and literature analysis. A detaileddescription of the provisions of War Powers in the Constitution of the United States todiscuss and understand based on precipitated the War Powers connotation, and tosummarize the distribution of the U.S. Congress and the president on the war right.Furthermore, the thesis use the historical analysis. It combed the Congress and thePresident in the history of the United States in the affairs of the War Powers interactionand mutual powers of growth and decline through a perspective of history. Secondly, thethesis use of the institutional analysis, in-depth research and analysis of the U.S.Congress, the president and their’s respective institutions and operational characteristics,at the meantime also explained the principles and provisions of the legislative, executive,judicial checks and balances specifically about the right of war under the separation of powers system, thus a practical understanding of the formation of the War Powersallocation analysis, then the artical can expound the causes of this problem. According tothe practice situation and the " Funnel" and "Concentric Circles" theory,the thesis hasselected of the President and Congress of the United States diplomatic decision-makingcharacteristics, interest groups and partisan politics three angles analyzed the mainfactors for impact the President and Congress compete the war power. Finally, the thesisuse case analysis. To select the Libyan war as an example, the article analysis of somenew phenomenons in the process of President Obama and the112th Congress warcompete for the right of Libyan war, such as: the President of the United Statesimplemented the acts of violence that by the way of ordered military air strikes orlong-range missiles against another sovereign state does need the approval of Congressor not? Obama administration military intervention in Libya, its legitimacy from theinternational organizations-the UN Security Council-the authorization, rather thanfrom the United States, authorized by law. Does this military action legal?Based on the above analysis and elaboration, the paper summarizes three mainfeatures of current contests:"War Powers Act" is still faced with the predicament ofexecution; congressional military appropriations rights has certain limitations, andtherefore the presidential power will continue to expand in the process of compete forwar power between the President and Congress.