Can Congress Limit the President's Power to Launch Nuclear Weapons? [November 9, 2017] [open pdf - 130KB]
This Legal Sidebar discusses the constitutional implications of legislation limiting the President's power to use nuclear weapons. "As outlined in earlier CRS [Congressional Research Service] products, the Constitution allocates the authorities necessary to conduct war and other military operations between Congress and the President. But the precise contours of each branch's respective powers have been the subject of debate since the founding era. Moreover, courts traditionally have been reluctant to resolve wartime separation of powers disputes between the legislative and executive branches, often dismissing these cases on jurisdictional grounds without reaching the merits of the constitutional challenges."
CRS Legal Sidebar, November 09, 2017
Federation of American Scientists: http://www.fas.org/sgp/crs/index.html