Nuclear Weapons and Law

By Arthur Selwyn Miller; Martin Feinrider | Go to book overview

22.

The Power to Use Nuclear Weapons A Response to Professor Miller *

Jack M. Goldklang**

I have given some thought previously to the legal issues involved in fighting World War III. My specialties include emergency powers, war powers, constitutional law, and international law. It strikes me as fascinating therefore that we are here confronting a question—the constitutionality of nuclear weapons—that has never been considered a difficult one.

The fact that this question does not come up often is not really surprising. It probably was never asked in real life by Harry Truman of the Attorney General in 1945 when atomic warfare began. That is because, judged by the same standards by which we judge other constitutional issues, there is no realistic case that can be made that nuclear weapons are unconstitutional per se.1

Before I go too far, I want to make clear that I am not discussing the policy that the President and the Congress or the rest of the world ought to adopt concerning the construction and use of nuclear weapons. My own position is not an issue here. I am not an expert on nuclear weapons and I do not attempt to follow the details of the many debates on weapons systems.

However one may feel about nuclear weapons, the conclusion is unavoidable: A wish that nuclear weapons would go away cannot be translated into the conclusion that they are unconstitutional. The thesis that has been presented by Professor Miller 2 does not demonstrate that any single section of the Constitution provides or has been interpreted in a way which would even lead one to believe that nuclear weapons are

* This essay is based on remarks delivered at the Conference on Nuclear Weapons and Law held at Nova University Center for the Study of Law on February 5, 1983.

** Attorney-Advisor, Office of Legal Counsel of the United States Department of Justice. The views expressed here are those of the author in his personal capacity and are not necessarily those of the U.S. Department of Justice.

-355-

Notes for this page

Add a new note
If you are trying to select text to create highlights or citations, remember that you must now click or tap on the first word, and then click or tap on the last word.
One moment ...
Default project is now your active project.
Project items

Items saved from this book

This book has been saved
Highlights (0)
Some of your highlights are legacy items.

Highlights saved before July 30, 2012 will not be displayed on their respective source pages.

You can easily re-create the highlights by opening the book page or article, selecting the text, and clicking “Highlight.”

Citations (0)
Some of your citations are legacy items.

Any citation created before July 30, 2012 will labeled as a “Cited page.” New citations will be saved as cited passages, pages or articles.

We also added the ability to view new citations from your projects or the book or article where you created them.

Notes (0)
Bookmarks (0)

You have no saved items from this book

Project items include:
  • Saved book/article
  • Highlights
  • Quotes/citations
  • Notes
  • Bookmarks
Notes
Cite this page

Cited page

Style
Citations are available only to our active members.
Sign up now to cite pages or passages in MLA, APA and Chicago citation styles.

(Einhorn, 1992, p. 25)

(Einhorn 25)

1

1. Lois J. Einhorn, Abraham Lincoln, the Orator: Penetrating the Lincoln Legend (Westport, CT: Greenwood Press, 1992), 25, http://www.questia.com/read/27419298.

Cited page

Bookmark this page
Nuclear Weapons and Law
Table of contents

Table of contents

Settings

Settings

Typeface
Text size Smaller Larger Reset View mode
Search within

Search within this book

Look up

Look up a word

  • Dictionary
  • Thesaurus
Please submit a word or phrase above.
Print this page

Print this page

Why can't I print more than one page at a time?

Help
Full screen
/ 419

matching results for page

    Questia reader help

    How to highlight and cite specific passages

    1. Click or tap the first word you want to select.
    2. Click or tap the last word you want to select, and you’ll see everything in between get selected.
    3. You’ll then get a menu of options like creating a highlight or a citation from that passage of text.

    OK, got it!

    Cited passage

    Style
    Citations are available only to our active members.
    Sign up now to cite pages or passages in MLA, APA and Chicago citation styles.

    "Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences." (Einhorn, 1992, p. 25).

    "Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences." (Einhorn 25)

    "Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences."1

    1. Lois J. Einhorn, Abraham Lincoln, the Orator: Penetrating the Lincoln Legend (Westport, CT: Greenwood Press, 1992), 25, http://www.questia.com/read/27419298.

    Cited passage

    Thanks for trying Questia!

    Please continue trying out our research tools, but please note, full functionality is available only to our active members.

    Your work will be lost once you leave this Web page.

    For full access in an ad-free environment, sign up now for a FREE, 1-day trial.

    Already a member? Log in now.