Alex WellersteinVerified account

The law exists: the President authorizes the launch; the intelligence community determines the target and #DEFCON level.

That is a) not actually how it works (IC is not involved, different group of folks), and b) not actually described by any actual law (it is an Executive Order/DOD Directive sort of thing, not something passed by Congress).

Then the whole idea that the President controlled the nuclear forces since the 1950s is a #fallacy?

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*.

This has two important consequences: 1. it makes it entirely un-transparent (these procedures seem to have changed quite a bit over the years), and 2. it means that two branches of government (Legislative and Judicial) have had essentially zero input.

The President always had a 60 day window to enter into a conflict and resolve or remove forces. Nuclear forces can be considered under current law to be a proper Military Option. Grenada is one example of Presidential approval to invade a nation.