Funding “Non-Traditional” Military Operations: The Alluring Myth of a Presidential Power of the Purse

The American military has increasingly been involved in non-traditional military operations around the world such as humanitarian assistance and disaster relief. Reasons for this growing involvement in non-combat operations include many conflicts have led to enormous human suffering, the general view of the military’s role has changed, the military possesses capabilities that uniquely enables it to respond to different crises, and it is becoming more acceptable for the military to intervene in these situations.

This article examines arguments in support of an independent Presidential spending power and whether it would be Constitutional. The author concludes that the President does not possess an independent power of the purse and offers options for the President when no statutory funding authority exists to sustain an operation.