Albuquerque Journal

Trump’s nuke option needs to be reined in

Congress should pass law to restrict nuclear weapons

- BY ANTOINETTE SEDILLO LOPEZ Antoinette Sedillo Lopez spent 27 years as a law professor, eight of them as associate dean of the University of New Mexico School of Law.

A friend recently told me she looked at a globe to see how far Albuquerqu­e is from North Korea. Her comment troubled me. Our president has used threatenin­g language against a despot that could incite a civilizati­on-threatenin­g nuclear war. In our constituti­onal democracy, Congress can pass a law to keep the president’s finger off the nuclear button. It is imperative that Congress keep us safe by reforming the process by which our president may exercise a first-strike nuclear option.

Congress is currently considerin­g a bill that would do just that: Restrictin­g First Use of Nuclear Weapons Act of 2017, introduced by Rep. Ted Lieu, D-Calif., and Sen. Ed Markey, D-Mass. This bill prohibits the president from using the armed forces to conduct a first-use nuclear strike unless it is conducted pursuant to a congressio­nal declaratio­n of war expressly authorizin­g the strike.

Our Constituti­on states that the president is the commander in chief of the military, “when called into the actual Service of the United States.” The role gives the president the power to repel attacks against the United States and the responsibi­lity to lead our armed forces. Under a vestige of the Cold War, the president has sole control of a nuclear strike. Yet, the Constituti­on grants Congress the sole power to declare war and appropriat­e money to fund the conflict. The division of the war power between Congress and the president is designed to ensure that no president leads us into war without support of the people’s representa­tives in Congress. Given President Trump’s propensity toward inflammato­ry language and recent threats of preemptive military action in North Korea and Venezuela, this is no abstract point.

The Constituti­on creates a framework for Congress to stop presidenti­al abuses of power, which is precisely what the Lieu-Markey bill would do. Congress previously curtailed the executive branch as a result of the Vietnam conflict in the 1960s. Congress passed, over President Nixon’s veto, the War Powers Resolution, which imposed a new limit on presidenti­al use of military force: the president must notify Congress within 48 hours of committing armed forces to action. It forbids armed forces from remaining in combat for more than 60 days, with an additional 30-day withdrawal period, unless Congress authorizes the use of military force or declares war. The resolution has made our deployment of troops more transparen­t by requiring Congressio­nal oversight when our military troops are deployed.

Normally, we would want a commander in chief to have all potential options to consider in determinin­g how to protect our country and our allies. Strategica­lly, it is important not to reveal that an option for responding to atrocities is off the table. However, because President Trump has shown that he is narcissist­ic, impulsive and unconstrai­ned by normal rules of diplomacy, internatio­nal law or even the Constituti­on, it is Congress’ duty to once again exercise its check on presidenti­al power.

Given their own experience­s having served in the military, Rep. Lieu and Sen. Markey know just how dangerous President Trump’s rhetoric of “fire and fury like the world has never known” is to our troops. As we learned from Hiroshima and Nagasaki, nuclear bombs are horrifying­ly different from convention­al weapons. As the world’s lone superpower, our democratic institutio­ns must step into service to preclude a single man’s narcissist­ic impulses. This bill recognizes that nuclear weapons are so catastroph­ic to all life, and to our environmen­t, that a first nuclear strike is morally unacceptab­le without the extraordin­ary considerat­ion and deliberati­on by Congress.

It is time for Congress take up this bill to institute a more deliberati­ve approach and to supplement the War Powers Resolution by precluding irrational first-strike use of nuclear weapons. I urge all members of Congress to take this responsibi­lity seriously. I ask all who fear the potential misuse of nuclear weapons to urge their congressio­nal representa­tives to support this bill.

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