Georgetown University Law Center Scholarship @ GEORGETOWN LAW 2019 The President and Nuclear Weapons: Authorities, Limits, and Process Mary B. DeRosa Georgetown University Law Center,
[email protected] Ashley Nicolas Georgetown University Law Center,
[email protected] This paper can be downloaded free of charge from: https://scholarship.law.georgetown.edu/facpub/2219 https://ssrn.com/abstract=3595440 Nuclear Threat Initiative Paper, Dec. 2019. This open-access article is brought to you by the Georgetown Law Library. Posted with permission of the author. Follow this and additional works at: https://scholarship.law.georgetown.edu/facpub Part of the Constitutional Law Commons, National Security Law Commons, and the President/Executive Department Commons NTI Paper DECEMBER 2019 The President and Nuclear Weapons: Authorities, Limits, and Process SUMMARY There is no more consequential decision for a president than ordering a nuclear strike. In the Cold War, the threat of sudden nuclear annihilation necessitated procedures emphasizing speed and efficiency and placing sole decision-making authority in the president’s hands. In today’s changed threat environment, the legal authorities and process a U.S. president would confront when making this grave decision merit reexamination. This paper serves as a resource in the national discussion about a president’s legal authority and the procedures for ordering a nuclear strike, and whether to update them. Mary B. DeRosa and Ashley Nicolas Contents Executive Summary ................................................................1 Introduction ......................................................................4 Does U.S. Law Limit the President’s Decision to Use Nuclear Weapons? ...............4 Does International Law Limit the President’s Authority to Use Nuclear Weapons? .... 10 Process and Decision-Making ................................................