Per your logic, it is unlawful by the supreme law of the land (treaties) to explode nukes in the atmosphere.
To be practical, it's logistically stupid, and politically stupid, and no one will follow that command.
You aren't getting the 'consent of the governed' part of government.
/johnny
We can pull out of the Limited Test Ban Treaty at any time, which would make using nuclear weapons perfectly legal and constitutional.
and no one will follow that command.
I served many years on ballistic missile submarines. Our job was to follow orders and that was what we did. If the call to release nuclear weapons ever came we would execute that order. No questions asked.