Izvršna protiv zakonodavne vlasti: vojne ovlasti američkog predsjednika i Kongresa u suvremenome međunarodnom okruženju
The Executive Power versus the Legislative Power: The Powers of the US President and the Congress in Matters of Military Authority

Summary/Abstract: The paper presents the formal powers granted by the legal framework of the United States to the legislative and executive branches in matters of military authority. Focusing on the administrations of the last four U.S. presidents, the authors aim to answer whether their military actions were in accordance with the War Powers Resolution of 1973 and the Authorizations for Use of Military Force (AUMFs) from 1991, 2001, and 2002. Taking into account the consequences of (military) technological development on the transformation of warfare and interpretations of various forms of armed conflict, this article places special emphasis on exploring the relationship between the two branches of government in the contemporary era. The authors argue that due to changes in the nature of warfare, legislation must be aligned with new forms of conflict resulting from advances in (military) technology. The paper analyzes the formal authorities assigned to the President by U.S. law as Commander-in-Chief of the Armed Forces, and to Congress as the legislative body tasked with balancing executive power. Through the lens of three theories of war powers, the military actions of four U.S. presidents and their relationship with Congress are examined. Finally, the authors propose guidelines they believe should be incorporated into U.S. legislation in order to restore the balance of power in the conduct of military operations, as originally envisioned.

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