[20171109]LSB10026_国会能限制总统发射核武器的权力吗？.pdf

CRS INSIGHT Prepared for Members and Committees of Congress Legal SidebarLegal Sidebari i Can Congress Limit the Presidents Power to Launch Nuclear Weapons? November 9, 2017 Recent legislation proposed in the 115th Congress intended to limit the Presidents ability to launch nuclear weapons has prompted heightened attention on Congresss constitutional power to control the nuclear arsenal. As outlined in earlier CRS products, the Constitution allocates the authorities necessary to conduct war and other military operations between Congress and the President. But the precise contours of each branchs 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 dismissing these cases on jurisdictional grounds without 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 Presidents power over the nuclear arsenal. Proponents of congressional authority reason that Congresss ma