U.S. War Powers in the 21st Century: Do Post Cold War Conditions Facilitate Abuse of Executive Prerogative in Foreign Affairs.

摘要

The U.S. Constitution allocates responsibility and authority in Foreign Affairs between the Executive and Legislative Branches, granting the Legislative Branch the power to declare war. Through the first 150 years of the United States existence, war powers were generally executed in a constitutionally, consistent manner: The Legislative Branch declared, or at least authorized and funded, military intervention. The Cold War led directly to an expedient shift of War Powers towards the Executive Branch, during this period to restore balance. Three case studies (Desert Shield/Storm, Haiti, and the Balkans) and other research indicate that Global conditions in the Unipolar Post Cold War Era generally exacerbate this trend towards Presidential War Powers: While International factors for the next two decades will tend to induce the United States into Limited Warfare, domestic factors remain mixed, indicating a delicate balance of power and continued tension between the Executive and Legislative Branches in the upcoming decades.