政一B 邱科翰 (2-4)

姓名 : 邱科翰

班級 : 政一B

學號 : 07114248

[標題] Senate votes to end US support of Saudi-led Yemen war

[內文] The US Republican-led Senate has approved a bill to end US support for the Saudi-led coalition war in Yemen.

The bipartisan vote was 54 to 46, and is a rebuke to President Donald Trump's support of Saudi Arabia and its leader despite recent tensions.

Mr Trump has vowed to veto the resolution should it pass through the Democrat-led House.

The war in Yemen escalated in 2015 and has left thousands of Yemenis dead and millions more on the brink of famine.

The US sells weapons used by the Saudis and its military provides logistical and intelligence support to the coalition for air strikes.

The Senate resolution, an unprecedented attempt to curtail presidential powers, seeks to end US military involvement in the conflict within 30 days.

Many lawmakers have taken issue with the number of civilian deaths in Yemen's conflict and have been calling for an end of US military support ever since the murder of Saudi journalist Jamal Khashoggi at the Saudi consulate in Istanbul last October.

The Senate has accused Saudi Crown Prince Mohammed bin Salman of ordering the death of the US resident - a charge the prince has denied - and are unhappy with Mr Trump's response to the issue.

President Trump has described Saudi Arabia as a vital ally and resisted calls for sanctions against the kingdom's leadership.

This is the second time in months a bill on pulling US support for the conflict has been voted on in the Senate - last December's move later stalled in the then Republican-led House of Representatives.

Wednesday's resolution will be considered in the now Democrat-led House, and is thought likely to pass.

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[相關憲法條文]

憲法第三十五條 : 總統為國家元首，對外代表中華民國。

憲法第三十六條 : 總統統率全國陸海空軍。

憲法第三十八條 : 總統依本憲法之規定，行使締結條約及宣戰、媾和之權。

憲法第五十三條 : 行政院為國家最高行政機關。

憲法第五十八條 : 行政院設行政院會議，由行政院院長、副院長、各部會首長及不管部會之

政務委員組織之，以院長為主席。

行政院院長、各部會首長，須將應行提出於立法院之法律案、預算案、戒嚴案、大赦案、宣戰案、媾和案、條約案及其他重要事項，或涉及各部會共同關係之事項，提出於行政院會議議決之。

憲法第六十三條 : 立法院有議決法律案、預算案、戒嚴案、大赦案、宣戰案、媾和案、條約

案及國家其他重要事項之權。

[相關法條]

The Constitution of the United States

Article. I. 

Section 8 (節選) : The Congress shall have Power To lay and collect Taxes, Duties, Imposts and Excises, to pay the Debts and provide for the common Defence and general Welfare of the United States; but all Duties, Imposts and Excises shall be uniform throughout the United States;

To define and punish Piracies and Felonies committed on the high Seas, and Offences against the Law of Nations;

To declare War, grant Letters of Marque and Reprisal, and make Rules concerning Captures on Land and Water;

To raise and support Armies, but no Appropriation of Money to that Use shall be for a longer Term than two Years;

To provide and maintain a Navy;

To make Rules for the Government and Regulation of the land and naval Forces;

To provide for calling forth the Militia to execute the Laws of the Union, suppress Insurrections and repel Invasions;

To provide for organising, arming, and disciplining, the Militia, and for governing such Part of them as may be employed in the Service of the United States, reserving to the States respectively, the Appointment of the Officers, and the Authority of training the Militia according to the discipline prescribed by Congress;

Article. II. 

Section 2 (節選) : The President shall be Commander in Chief of the Army and Navy of the United States, and of the Militia of the several States, when called into the actual Service of the United States; he may require the Opinion, in writing, of the principal Officer in each of the executive Departments, upon any Subject relating to the Duties of their respective Offices, and he shall have Power to grant Reprieves and Pardons for Offences against the United States, except in Cases of Impeachment.

The Governance of Britain War powers and treaties: Limiting Executive powers 

 33. The constitutional position of the UK armed forces is that their government and command are vested in Her Majesty. Direct control of the armed forces under the Sovereign is divided between the Government and the Defence Council. Parliamentary control of the armed forces is based primarily on the need for annual renewal by Parliament of the Acts which govern enlistment and discipline in the armed forces. Acts of Parliament also affect the use of armed forces within the United Kingdom. 

(33., p. 24)

…

心得評論：

The power to declare war or authorise the use of armed force is, perhaps, the most powerful and central element of a state. 

The power to declare war in the name of the United States of America goes to the Congress, as stated in the Constitution. While the President is the commander of the armed forces, he cannot declare the existence of a state of war without Congress approval. There are loopholes to work around, however. The President can still deploy armed forces without Congress’ consent, as long as it’s not a “war”. “Peace keeping”, “Authorization for Use of Military Force”, “police action”, you name it. That doesn’t mean the President is unrestrained, as the Congress is still responsible for the funding, raising, and rule-making of the armed forces. The power of purse is something the President cannot ignore. 

In the United Kingdom, things are a lot easier. The power to declare war rests in the Monarch, under the royal prerogative. The Monarch is the commander of the armed forces, and can declare war without Parliament approval, at least in theory. In reality, the royal prerogative is commonly exercised by the Prime Minister, who must have the confidence of the Commons. Plus, the Parliament still decides the budget of the military. Thus, it’s nearly impossible for a Prime Minister/Monarch to wage a lengthy war without Parliament support. The check and balance is still present.

In the ROC (Taiwan), things get a little bit complicated. The Executive Yuan, headed by the Premier, has the power to propose a “draft for the declaration of war”. The draft must then be sent to the Legislative to gather support, and if passed, declared by the president, who happens to be the commander in chief. It looks like the President cannot propose a declaration of war directly to the legislative, since this privilege belongs to the Premier. The President of the United States can direct military operations so long as it’s not war, can the Taiwanese president do the same ? Who owns this crucial war-waging power ? The Legislative (who has no control of the military, no power to “propose” wars, but can “approve” wars and the budget), the Executive (who maintains the military under the Ministry of Defence, and is the only body that can “propose” war), or the Head of State (who cannot propose nor approve wars, but can declare war AFTER it was passed by the Legislative, with himself/herself acting as commander in chief)