National security law and the power of the purse

목차 (Table of Contents)

• CONTENTS
• Introduction = 3
• The Vietnam War = 4
• The Iran-Contra Affair = 5
• Structure of the Analysis = 6
• Ⅰ. THE EARLY ORIGINS OF THE POWER OF THE PURSE IN NATIONAL SECURITY
• 1. The English Power of the Purse = 11
• The Thirteenth and Early Fourteenth Centuries = 12
• Stuart England = 13
• The Protectorate and the Restoration = 15
• The Glorious Revolution of 1688 = 15
• 2. The Power of the Purse in Pre-Constitutional America = 18
• The Colonial Model = 18
• Wielding the Power of the Purse against Colonial Governors = 19
• The Power of the Purse on the Eve of the Revolution = 21
• The Power of the Purse in the States = 22
• The Evolution of Congressional Control of the War = 23
• 3. The Framing and Ratification of the Power of the Purse in National Security Affairs = 27
• Framing = 27
• Ratification = 29
• 4. The Early Practice: From 1789 to 1809 = 33
• Appropriations in Gross and Mingled = 33
• Emergency National Security Spending Power and Authority = 37
• Ⅱ. THE MECHANICS OF NATIONAL SECURITY APPROPRIATIONS AND SPENDING
• 5. The Evolution of the National Security Appropriation Process = 43
• The Textbook Model = 43
• The Pre-Civil War Period = 45
• From the Civil War through World War Ⅰ = 46
• From Budget Reform to Budget Reform, 1921-1974 = 47
• 1974 to the Present = 48
• The Emergence of Continuing Resolutions = 51
• Black Budgets: The Appropriation Process for the Intelligence Community = 51
• 6. The Uses and Abuses of Riders and Continuing Resolutions in National Security = 54
• A Historical Review = 54
• The Role of the House and Senate Rules = 56
• Funding the Contras = 57
• Lessons from the Contra Funding = 60
• 7. Informal Controls on National Security Spending = 62
• Nonstatutory Controls and Flexible Defense Appropriation = 62
• The Good Friday Accords and Other Recent Examples = 64
• The Political Effect of Nonstatutory Controls = 66
• 8. The Mechanics of National Security Spending = 69
• Lump-Sum Appropriations = 69
• Reprogramming = 76
• Transfers = 77
• Impoundment = 79
• Ⅲ. CONSTITUTIONAL LIMITS ON THE MAKING OF NATIONAL SECURITY APPROPRIATIONS
• 9. The Veto Clause as a Constitutional Limit on Omnibus Appropriations = 89
• The Problem = 89
• The Constitutional Challenge = 92
• The Rebuttal = 93
• Conclusion: An Unneeded Constitutional Solution = 98
• 10. The Statement and Account Clause as a Constitutional Limit on Black Budgets = 100
• The Original Understanding of Statement and Account = 100
• Congress's Delegation of Confidential and Secret Fund Authority = 102
• An Assessment of the Statement and Account Clause = 105
• Ⅳ. THE SUBSTANTIVE SCOPE OF THE POWER OF THE PURSE IN NATIONAL SECURITY
• 11. The General Force and Effect of National Security Appropriations = 109
• The Force and Effect of “Mere” Appropriations = 109
• The Effect of Indeterminate Legislative History = 112
• National Security Appropriations and Customary National Security Law = 114
• 12. Legitimating Appropriations = 119
• The General Force and Effect of the Vietnam War Appropriations = 119
• Objections to the General Analysis of the Force and Effect of the Vietnam War Appropriations = 122
• 13. Restrictive Appropriations = 137
• The General Force and Effect of the Boland Amendments = 137
• The Separation-of-Powers Objection to Restrictive National Security Appropriations = 144
• Applying the Separation-of-Powers Analysis to the Boland Amendment and to Restrictive Appropriations in the Vietnam War = 148
• 14. National Security Spending Without Appropriation = 158
• Funding the Contras Without an Appropriation = 158
• Excising or Severing the Unconstitutional Restriction = 160
• Unconstitutional Failures to Appropriate = 161
• The President's Discretion to Spend Appropriated Funds = 168
• 15. Summing Up the Power of the Purse in National Security = 171
• The Early History of the Power of the Purse in National Security = 171
• The Mechanics of National Security Appropriations = 173
• Constitutional Limits on the Making of National Security Appropriations = 175
• The Substantive Scope of the Power of the Purse in National Security Affairs = 177
• Notes = 183
• Index = 255