This is the Cato Daily Podcast for Thursday, August 17th, 2017.

I'm Caleb Brown.

What are the practical checks on a president tempted to use

nuclear weapons? It's a question that has taken on a new importance in the

presidency of Donald Trump. Cato Institute Vice President Gene Healy

discusses the role of the president in making

Thermonuclear War. When we think about the Constitution of 1789 and the

powers that were granted to the president it seems as if those

powers are essentially you can repel attacks on the United States.

That's right.

That was the language used.

You see it in Madison's notes at the Constitutional Convention.

The president was understood to have the power to repel sudden attacks.

And, you know, one thing is clear, I mean we can debate with the regard to nuclear weapons whether the

power to launch a second strike, a launch under attack is included in that power to

repel sudden attacks.

One thing is clear though I think is that the power to repel sudden attacks

doesn't include the power to launch them,

to launch a nuclear first strike or offensive action of any magnitude.

Legislatively, how has that power changed?

I mean, to what extent has Congress granted to the President some sort of less than clear mandate to engage in greater force?

The erosion of congressional control of the war powers has been a, you know, it's not entirely a matter of power-hungry

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