The war powers between congress and the presidency: from what "is" to what "ought to be".

I. INTRODUCTION

There is little doubt that the ultimate authority to ascendency the deployment of military forces, beneath the United States Constitution, lies with the American Congres (Fisher, 1995a: 11) Congres has the right to declare war, below Article I. It has the right to approve funding for a war, or other military action, or to withdraw of the like kind funding, under its appropriations powers granted to it beneath Article I. Congress is the first lawmaking body, under constitutional doctrines of "legislative supremacy" and the "rule of law." No amount of presidential usurpation of war powers below the auspices of the Constitution