9780195085389

National Security Law and the Power of the Purse

by ;
  • ISBN13:

    9780195085389

  • ISBN10:

    0195085388

  • Format: Hardcover
  • Copyright: 1994-07-21
  • Publisher: Oxford University Press

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Summary

The ideal model of national security decision-making, whereby the Legislative branch authorizes action to protect national security and the Executive branch takes it, has broken down due to the speed and unpredictability of foreign crises and the President's monopoly on foreign intelligence. In response, Congress has ceded the initiative to the President, and then utilized the power of the purse to ratify or restrict what the President has done. This power, by necessity and preference, has become the central congressional tool for participating in national security policy. Inevitably attacks on policy are transformed into attacks on the making and effects of appropriations. This study addresses the constitutional and statutory questions raised by these attacks. It thoroughly explores the history, mechanics, and scope of the power of the purse in national security, using Vietnam War appropriations and the Boland Amendments as case studies. William Banks and Peter Raven-Hansen provide a unique and provocative primer on the power of the purse in national security law.

Author Biography

William C. Banks is Professor of Law at Syracuse University.

Table of Contents

Introductionp. 3
The Early Origins of the Power of the Purse in National Security
The English Power of the Pursep. 11
The Power of the Purse in Pre-Constitutional Americap. 18
The Framing and Ratification of the Power of the Purse in National Security Affairsp. 27
The Early Practice: From 1789 to 1809p. 33
The Mechanics of National Security Appropriations and Spending
The Evolution of the National Security Appropriation Processp. 43
The Uses and Abuses of Riders and Continuing Resolutions in National Securityp. 54
Informal Controls on National Security Spendingp. 62
The Mechanics of National Security Spendingp. 69
Constitutional Limits on the Making of National Security Appropriations
The Veto Clause as a Constitutional Limit on Omnibus Appropriationsp. 89
The Statement and Account Clause as a Constitutional Limit on Black Budgetsp. 100
The Substantive Scope of the Power of the Purse in National Security
The General Force and Effect of National Security Appropriationsp. 109
Legitimating Appropriationsp. 119
Restrictive Appropriationsp. 137
National Security Spending Without Appropriationp. 158
Summing Up the Power of the Purse in National Securityp. 171
Notesp. 183
Indexp. 255
Table of Contents provided by Blackwell. All Rights Reserved.

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