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1 [i] (November 9, 2017)

handle is hein.crs/crsmthmbdfx0001 and id is 1 raw text is: Legal Sidebar Can Congress Limit the President's Power to Launch Nuclear Weapons? November 9, 2017 (LSB 10026) Related Author Stephen P. Mulligan Stephen P. Mulligan, Legislative Attorney (amu_,igan r g, 7-8983) Recent legislation p in the 115th Congress intended IQ li-mi the President's ability to launch nuclear weapons has prompted h a on Congress's constitutional power to control the nuclear arsenal. As outlined in ealier CRS pmducla, the Constitution allocates the authorities necessary to conduct war and other military operations between Congress and the President. But the precise contours of each branch's respective powers have been the subject of debate since the founding era. Moreover, courts traditionally have been reluctant to resolve wartime separation of powers disputes between the legislative and executive branches, often dismising these on u ictional grou wihout reaching the merits of the constitutional challenges. Against this backdrop of uncertainty, commentators have reached dramatically differing conclusions on the constitutionality of proposals to restrict the President's power over the nuclear arsenal. Proponents of congressional authority reason that Congress's many enumerated war Power -including the power to power raise and support Armies and provide and maintain a Navy-necessarily subsume a lesser authority to define how the President may utilize the forces and weapons that Congress has provided. But proponents of executive authority often argue that such restrictions would unconstitutionally infringe on the President's mm ndr in chi f' power to make tactical decisions on how best to subdue an enemy. As a matter of historical practice, Congress has used the power of Jteprse on several

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