#ViewerCall: NY caller asked about law behind nuclear use; @wellerstein "no law in the United States that prohibits use of nuclear weapons."pic.twitter.com/KBZ8AxAlZj
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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.
Only Congress can declare war. The Constitution is very clear about this. It is hard to see how the use of nuclear weapons would not be a de facto declaration of war. This is the legal issue. It is not a new one. War Powers Act (1973) is what gives the 60 day window.
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I’ve read your very impressive and well informed treatise on the use of Nuclear assets. I applaud you on a clear, concise and well reasoned discussion. We are still at war with North Korea. Nuclear deployment is still a legal and proportionate option.
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I’ll retract the word “‘still”’ and instead say Nuclear response is now a proportionate option.
End of conversation
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