Memorandum Potential Overreach

Memorandum on United States Support to United Nations Peace Operations

Issued 2015-09-28 by Barack Obama

Plain-English Overview

AI-generated summary explaining what this action does, who it affects, and why it matters

This memorandum directs executive agencies to support United Nations peace operations as part of America's national security strategy. The President explained that fragile and conflict-affected states around the world can become breeding grounds for terrorism, create refugee crises that destabilize neighboring countries, enable pandemic disease spread, and increase the risk of mass atrocities. Rather than addressing these threats alone, the memorandum emphasizes sharing the burden globally through UN-led missions.

The action affects how federal agencies coordinate support for UN peacekeeping and peacebuilding efforts. At the time, the UN was managing 16 peacekeeping missions with over 100,000 uniformed personnel and more than 19,000 civilian staff worldwide, plus 11 political missions in Africa, the Middle East, and Central Asia. These operations perform tasks ranging from mediating conflicts and protecting civilians to supporting elections and building local government capacity.

The constitutional basis for this action is debatable. The memorandum directs the withholding or delayed spending of congressionally appropriated funds based on global security challenges. The Impoundment Control Act of 1974 prohibits the executive branch from refusing to spend money that Congress has appropriated, as the power of the purse belongs to Congress under Article I, Section 9 of the Constitution.

AI-generated summary for educational purposes

Constitutional Analysis

How this action fits (or doesn't) within Article II authority and existing law

This memorandum ("Memorandum on United States Support to United Nations Peace Operations") directs the withholding, freezing, or delayed spending of congressionally appropriated funds. The stated rationale: "the global challenges that exist today." The Impoundment Control Act of 1974 specifically prohibits this type of action. Congress passed that law in response to President Nixon's refusal to spend appropriated funds, and it remains the governing framework today.

The power of the purse belongs to Congress under Article I, Section 9. When money is appropriated by law, the executive branch is obligated to spend it as directed. A memorandum directing agencies to withhold, pause, or slow-walk spending conflicts with this constitutional structure. Courts have consistently sided with Congress in impoundment disputes.

Official Summary

Administration of Barack Obama, 2015 Memorandum on United States Support to United Nations Peace Operations September 28, 2015 Memorandum for the Heads of Executive Departments and Agencies Subject: United States Support to United Nations Peace Operations As articulated in the 2015 National Security Strategy, the United States has a critical national security interest in mitigating state fragility and preventing, containing, and resolving armed conflict. There are currently dozens of fragile and conflict-affected states. Their numbers are now rising globally, and may continue to do so over the next decade or more. Left unassisted, many of these fragile states, where conflict festers and development stagnates, could become hosts of violent extremism; afford safe havens that transnational terrorists and criminals exploit; generate large flows of refugees and displaced persons that can destabilize neighboring countries and sow regional instability; create humanitarian emergencies; facilitate the spread of pandemic disease; and increase the risk of mass atrocities. The United States has a compelling national security interest in preventing the outbreak, escalation, and spread of conflicts that could contribute to these threats, but we cannot and should not seek to assume that bu

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