This article analyzes the constitutional problems of “first use” of nuclear weapons. Its organizing principle is that Congress has a constitutional duty to ensure such control over nuclear weapons that first use (and first strike) is proscribed. After demonstrating that the Constitution requires collective decisionmaking in important policy decisions, it is recommended that Congress retrieve its delegated power over nuclear weaponry, and also establish a “council of state” within the office of the presidency with which the president must consult before taking important decisions, including those involving nuclear warfare. The council would take a sober “first look” at proposed policies, but the ultimate responsibility would be the president's.