No, Congress would take far too long to decide this. However, the military personnel whom carries the nuclear 'football' should be able to deny the President access to the 'football' if s/he feels that the President is not stable enough to make a good decision or if they are confident that nuking someone would be an overreaction. Ultimately the President and this military personnel need to be in agreement that launching a nuke is the best choice. This military personnel cannot be charged with subordination or any other crime based on refusing the President access to the 'football.' Besides, we should never be the first striker with a nuclear weapon. The US has been defiant to a number of nuclear treaties regarding these weapons. We SHOULD pass a law and sign the treaty stating that the US will never be the first to launch nuclear weapons.