Very little of how nuclear forces work is governed by *legislation*, i.e., laws passed by Congress. Atomic Energy Act does a bit but is almost entirely concerned with *production* of nukes, not *use*. *Use* issues have been worked out as executive/military policy, not *laws*.
E.g. someone — and we can discuss who, because there are options with difficult implications — should be able to "veto" in such a scenario. This is a much lower bar than removal. It is "merely" an extension of the "two man rule" into the policy realm.
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This would not by any means be a "perfect" situation — it would not guarantee against rash use — but it would be better than unilateral authority, I believe. This is a larger responsibility than an individual human being should have — any of them!
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