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In response to
"That's exactly the story that came to mind."
by
ReluctantCynic
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“to follow orders provided they are
legal and have come from competent authority.”
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The President does not need the concurrence of either his
military advisors or the U.S. Congress to order the launch
of nuclear weapons. In addition, neither the military nor
Congress can overrule these orders. As former
STRATCOM Commander General Robert Kehler has
noted, members of the military are bound by the Uniform
Code of Military Justice “to follow orders provided they are
legal and have come from competent authority.” But
questions about the legality of the order—whether it is
consistent with the requirements, under the laws of armed
conflict (LOAC), for necessity, proportionality, and
distinction—are more likely to lead to consultations and
changes in the President’s order than to a refusal by the
military to execute the order. In this sense, addressing legal
questions about an order to use nuclear weapons would
seem similar to the process used for evaluating any
employment order from the President. The President could
delegate the authority to authorize the use of nuclear
weapons to others in the chain-of-command (an option
considered necessary during the Cold War), but they also
could not overrule the President
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Responses:
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