Besides Unconfirmed, Uncorroborated DIA [Defense Intelligence Agency]report cited in Washington Post article there is no proof North Korea has Missile-Ready Nuclear Weapons.
But some members of Congress argue that the current process by which the president can order a nuclear strike is illegal.
"Our view is the current nuclear launch approval process is unconstitutional," U.S. Rep. Ted Lieu, D-Calif, said on CNN on Aug. 8, 2017. Lieu has filed a proposal to require congressional approval before the president could launch a first nuclear strike.
"Right now one person can launch thousands of nuclear weapons, and that's the president. No one can stop him. Under the law, the secretary of defense has to follow his order. There's no judicial oversight, no congressional oversight," Lieu said.
The current nuclear launch approval process was enshrined after the atomic bombings of Hiroshima and Nagasaki in Japan to end World War II. President Harry Truman signed the Atomic Energy Act of 1946 to give the president full responsibility over the nation’s nuclear arsenal.
The U.S. Supreme Court has never weighed in on the question of whether the current nuclear launch approval process is legal.
The Constitution allows the president to use significant military force without congressional approval if it’s in self-defense. [MORE]