Values like separation of the powers that is expressed in America’s constitutional history, restrain, balances and tradition of being written in law have been applied flexibly and generously regarding foreign problems than domestic one. In spite of that, trial to protect America’s safety from potential enemies of outer parts, to say - Very strong strained tension has been existed all the time between justification ideologist who intend to preserve political freedom being based on strict separation of the powers that is the America’s traditional value and the Administration that take the lead of the problem to be "Security of national safety". Both parties 1st dispute had been happened in 1793 - Geroge Washington’s 2nd term. Washington proclaimed neutralization for the purpose of America’s isolation from war between England and France. The proclaim had been criticized as his act of arrogation(malfeasance) by people who came out on the side of France. Alexander Hamilton assisted president’s position in the statement to be Gazette of the United States as the writer’s name of “Pacificus”. Hamilton analyzed that the president’s huge right to be written in 2nd clause of the constitutional law was not limited under not showing his right in it. James Madison had wrote the contradict in the same paper with the name of "Helvidius". Madison had contradicted that the Congress was the first organization and it had all rights related to the foreign activities except president’s special rights that had been written in Constitutional law. The Constitutional duplicity and ambiguity between president and congress regarding acting right of foreign policies had been issued at much dispute. This kind of dispute existed as the non-solved one in the point of that supreme court specially had not done clear-cut judgement in detail about this critical issues. Supreme court avoided to interfere the foreign policy’s problems. Supreme court followed the decision of President and Congress as that foreign policies’ problem was stronger in the part of politics than law since John Marshall had been inaugurated on the justice of the supreme court in 1801. Supreme court’s judgement in 1863 that President could make the decision of military action for solving the national crisis mean the President’s discretion. But, Supreme court confirmed the point that America may have possibility to act very clearly and speedy in the center of foreign diplomatic crisis. Even though the lawful duplicity and ambiguity regarding president acts of foreign right made the reverse functional result - no matter what ‘Fathers of the Constitutional law’ intention had been, it is matters of the fact that many cases had been applied into the direction of positivity. At last, these kind of separation of the lawful power of being duplicated and ambiguous may be the social assets and also liabilities at the same time.