Placing of United States Armed Forces Under United Nations Operational or Tactical Control

Headnotes: 

Proposed funding restriction generally prohibiting the President from placing United States Armed Forces under the operational or tactical control of the United Nations in U.N. peacekeeping operations would unconstitutionally constrain the President’s exercise of his authority as Commander-in-Chief and unconstitutionally undermine the President’s constitutional authority with respect to the conduct of diplomacy.

Granting the President the authority to waive the prohibition if he provides a certification and report to Congress would not remove the funding restriction’s constitutional defect, because Congress cannot burden or infringe the President’s exercise of a core constitutional power by attaching conditions precedent to the exercise of that power.

Updated July 9, 2014