Funding Non-Traditional Military Operations: The Alluring Myth of a PresidentialPower of the Future

摘要

Since the Cold War's end, the military's involvement in non-traditionaloperations has spiraled. These operations are not always encompassed by DoD's operations and maintenance (QM) appropriations. While Congress has statutorily authorized some operations, it has not approved funding for all. 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.