My full @cspanwj segment is here, for those who could not watch it live. Glad this is something we are talking about. https://www.c-span.org/video/?437387-4/washington-journal-alex-wellerstein-discusses-presidents-authority-launch-nuclear-weapons …
The relationship between the Article 1 powers (only Congress can declare war) and Article 2 powers (POTUS is Commander in Chief) is historically and legally fairly complicated. For example of Congress constraining CiC power, see the War Powers Resolution (1973).
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For a careful and detailed discussion of the issues involved — and the various interpretations of them — see this recent Congressional Research Service report. It is not a straightforward issue either way. https://fas.org/sgp/crs/nuke/separation.pdf …
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Then why hasn't the Supreme Court weighed in thus.
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