Can Congress Limit the President’s Power to Launch Nuclear Weapons?

This document from the Congressional Research Service (CRS) explores the constitutional power of Congress to limit the President's authority to launch nuclear weapons. It discusses the allocation of war powers between Congress and the President, which has been a subject of debate since the founding era. Courts have been hesitant to resolve separation of powers disputes between the legislative and executive branches during wartime.

There are differing opinions on the constitutionality of proposals to restrict the President's power over the nuclear arsenal. Proponents of congressional authority argue that Congress's enumerated war powers include the authority to define how the President can use the forces and weapons provided by Congress. On the other hand, proponents of executive authority argue that such restrictions would infringe on the President's power as the commander in chief to make tactical decisions.

Historically, Congress has used the power of the purse to limit military operations and troop deployments. While Congress likely has the constitutional authority to end the production of nuclear weapons through appropriations, legislation that restricts the President's control over existing weapons in the military arsenal raises complex constitutional questions regarding congressional war powers.

The document concludes by mentioning that a more detailed analysis of the constitutional implications of legislation limiting the President's power to use nuclear weapons is available to congressional clients upon request.

The document was prepared by CRS as a nonpartisan report for congressional committees and Members of Congress, providing information for public understanding.