A Research On Presidential War Power In The View Of Legal History

In American constitution, war power is shared by president and congress. Reviewing the political practices during the past time, we can see that the constitutional relationship of legislature and executive is unstable. Historically, the presidential war power has been expending. Instead, the congress is facing crisis of marginalization. Judicial review has played an important role in how to share war power between the legislature and executive. Today, we can hardly see effective restriction on presidential war power, which has been a threat to the value of check and balance. Seeing through the change of the presidential war power, we can also make it clear that how the presidential power has changed in a regime of separated power.Chapter One has made a comprehensive survey of President Bush’s performance of exercising war power, and has tried to analyze the dispute appeared in the war on terror. The survey makes the fact clear that the presidential war power has rapidly expended.Chapter Two has explained the hiding-meaning of war power in written constitution, and then makes a historical description of presidential war power in the view of president and congress separately. The description has illustrated that change of presidential war power occurred in the war on terror was not occasional, which based on historical reasons.Chapter Three has summarized the influence which brought by Supreme Court’s cases. Illustrating that the changes of president’s war power has a closely relation with the strategy of the Supreme Court when facing disputes.Chapter Four has analyzed the new constitutional order of war power. Reform occurred in economic and military has enabled the president to take unchecked action unilaterally. Continuous threaten on national security has provided a military environment for the president to use military force frequently. The change of presidential war power is a miniature of modern presidentialism. The dilation of presidential power has threatened the republic regime.Conclusion has summarized the change of presidential war power briefly. How to eliminate the perils of modern presidentialism to the republic is still a question to be answered.