Vindman calls for Milley's resignation: 'He usurped civilian authority'

[Calista241]

116. He would never have to declare war.

Even the War Powers Resolution makes no such claim. All a President has to do is notify Congress within 48 hours of committing any military action. Unless approved by the Legislature, any conventional forces will have to be withdrawn within 60 days of the commencement of hostilities. The War Powers Resolution makes no mention of nuclear conflict.

The constitutionality of the War Powers Resolution has never been officially tested, and it's open to debate on if it would pass Constitutional muster.

For further reading, feel free to check out this paper from Georgetown Univ. (The President and Nuclear Weapons: Authorities, Limits, and
Process):
https://scholarship.law.georgetown.edu/cgi/viewcontent.cgi?article=3237&context=facpub

One excerpt from the paper:
"Currently, neither domestic nor international law specifically addresses the authority to use nuclear weapons."
and:
"Currently, no statute limits or regulates the president’s authority to use nuclear weapons."