摘要
美国宪法规定,宣战权在国会,武装力量的总司令为总统。制宪者的权力制衡意图是防止美国总统随意发动战争。但在宪法颁布后,总统在处理战争事务上优势强于国会。国会长期的被动地位导致了总统战争权力的扩张,越战即是总统滥用战争权力的结果。越战的惨痛教训使国会最终制定了战争权力决议案。但无论国会如何限制总统的战争权,其目的并不是要放弃超级大国的霸权,而是要使国会在美国对外战争中拥有更多的参与权和影响力。
U.S Constitution stipulates the war power as : The power to declare war is vested in Congress, but President is Command in chief of army. It is implied that the founders of USA had the intention of checks and balances in Constitution to prevent US President from making war at discretion as European feudal kings. Since Constitution came into being, President often took the advantage over Congress in war affairs. Congress' inferiority at last lead to the expansion of President' power, which resulted in Vietnam War. The Congress learned the terrible lesson from Vietnam War and then passed War Power Resolution. No matter how strictly did Congress confine President's war power, its real purpose is not to give up US hegemony, but share more participation power and influence power in US foreign war affairs.
出处
《贵州师范大学学报(社会科学版)》
2003年第3期44-46,51,共4页
Journal of Guizhou Normal University(Social Sciences)