Funding "Non-Traditional" Military Operations: The Alluring Myth of a Presidential Power of the Future.
Abstract
Since the Cold War's end, the military's involvement in non-traditional operations has spiraled. These operations are not always encompassed by DoD's operations and maintenance (Q&M) appropriations. While Congress has statutorily authorized some operations, it has not approved funding for all. And as the pace of 'non-traditional' operations accelerates and the novelty of missions proliferates, the armed forces will be confronted increasingly with missions that do not fit within existing funding authorities. In recent years, a number of scholars and operational lawyers have asserted the President has the inherent constitutional power to direct spending deemed essential to national security, including 'non-traditional' operations, even in the absence of statutorily prescribed appropriations. This paper addresses these assertions and concludes that, absent a congressionally approved appropriation, the President is without legal authority to expend public funds regardless of whether the expenditure is deemed essential to national security.
Document Details
- Document Type
- Technical Report
- Publication Date
- Jun 01, 1997
- Accession Number
- ADA328014
Entities
People
- Richard D. Rosen
Organizations
- United States Army War College