Nuclear Security & Deterrence Monitor Vol. 27 No. 16
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Nuclear Security & Deterrence Monitor
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April 21, 2023

U.S. lawmakers reintroduce bill to prohibit presidents from igniting nuclear war

By ExchangeMonitor

Sen. Edward Markey (D-Mass.), co-chair of the Nuclear Weapons and Arms Control Working Group, and Rep. Ted Lieu (D-Calif.) have reintroduced the Restricting First Use of Nuclear Weapons Act to prohibit the U.S. President from launching a nuclear strike without prior authorization from Congress. 

The legislation, filed Friday, would also institute safeguards to prevent the president from introducing nuclear weapons in a conflict and reaffirm Congress’ constitutional authority to declare war, according to a statement from the lawmakers. The bill still needs to be passed by both houses of Congress and signed by President Biden before becoming law.  

Reintroduction of Restricting First Use of Nuclear Weapons Act comes after “a year of reckless nuclear threats from Russian President Vladimir Putin in his war of aggression against Ukraine,” Markey and Lieu said in the statement. April 15 also is a significant date in the history of nuclear near-misses, the lawmakers said. On April 15, 1969, North Korea shot down a U.S. military plane, prompting then-President Richard Nixon to order a nuclear strike in response, an order that was never carried out, the lawmakers say in their statement.

“No president has the right or the constitutional authority to unilaterally declare war, let alone launch a nuclear first strike,” Markey said. “In the face of Vladimir Putin’s nuclear threats, Congress must pass the Restricting First Use of Nuclear Weapons Act to reaffirm its authority and make clear to world leaders that the United States will uphold its commitment to peace, stability, and democracy.”

The Restricting First Use of Nuclear Weapons Act is endorsed by Physicians for Social Responsibility, Council for a Livable World, Foreign Policy for America, Friends Committee on National Legislation, Global Zero, Win Without War, and Ploughshares Fund.

In 2022, Markey, along with Sen. Jeff Merkley (D-Ore.) and Reps. John Garamendi (D-Calif.) and Don Beyer (D-Va.) led 51 of their colleagues in penning a letter to President Joe Biden urging the U.S. to reduce its reliance on nuclear weapons. On the one-year anniversary of the start of Russia’s full-scale invasion of Ukraine, the lawmakers condemned President Putin’s nuclear threats and Russia’s violation of the New START Treaty.

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