Financing Bosnia Bill Banks MAXWELL SAISSAIS. “I oppose this deployment but... it is [not] our prerogative here to debate... with the President... the.

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Presentation transcript:

Financing Bosnia Bill Banks MAXWELL SAISSAIS

“I oppose this deployment but... it is [not] our prerogative here to debate... with the President... the President has ordered the deployment... we have no way to prevent that.” Ted Stevens, Chairman, Senate Appropriations Committee, December 1, 1995 during Senate Appropriations Subcommittee on Defense hearings regarding United States commitment to Bosnia.

“[W]e have already given... one effectual check to the Dog of war by transferring the power of letting him loose from the Executive to the Legislative body, from those who are to spend to those who are to pay.” Letter from Thomas Jefferson to James Madison, September 6, 1789.

U.S. Constitution and the Power of the Purse: Congressional Powers  U.S. Const. Art. I, § 8, cl. 11 (granting Congress the power “[t]o declare War [and] grant Letters of Marque and Reprisal”).  U.S. Const. Art. I, § 8, cl. 1 (granting Congress the power “to pay the Debts and provide for the Common Defence.”).

U.S. Constitution and the Power of the Purse: Congressional Powers  U.S. Const. art. I, § 8, cl. 12 (granting Congress the power “[t]o raise and support Armies.”).  U.S. Const. art. I, § 8, cl. 13 (granting Congress the power “[t]o provide and maintain a Navy”).

U.S. Constitution and the Power of the Purse: Congressional Powers  U.S. Const. art. I, § 8, cl. 18 (granting Congress the power “[to make all Laws which shall be necessary and proper for carrying into Execution the foregoing powers”).  Id. (“[A] regular Statement and Account of the Receipts and Expenditures of all public Money shall be published from time to time.”).

“It is time for a reality check in Congress. If we would try to cut off funds, we would harm the men and women in the military who have already begun to arrive in Bosnia.” Senate Majority Leader, Bob Dole, November 30, 1995

Options for funding IFOR/ SFOR without specific appropriation:  contingency fund  gifts  lump sum draw down  reprogramming  transfer  impoundment/rescission

The “dance” with the Hill is about “how to force Congress to do something they don’t want to do, and do it in a timely fashion.” DOD senior staffer, Interview, May 6, 1997

When asked if there is anything that can be done to smooth this process, Hamre said, “This is a fault line in the Constitution.”