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Nuclear Weapons And Constitutional Law, Arthur S. Miller

Nova Law Review

The time has come for lawyers to confront the question of whether

nuclear weapons-their manufacture, deployment, and use-can be

justified under either constitutional or international law.

A Grenville Clark Hypothetical, Gerald T. Dunne

Nova Law Review

In any discussion of Nuclear Weapons, Grenville Clark (1882-

1967) is an important figure. He had a long, happy, and successful life.

Born to wealth, power, and position, his historic achievements included

distinction in two wars-launching the Plattsburg training camps

which were the catalyst of the Preparedness Movement in World War

I, and in World War II virtually single-handedly securing the enactment

of the Selective Service and Training Act of 1940 which produced

a minimally armed America on the eve of Pearl Harbor.

Nuclear Weapons Policy: The Ultimate Tyranny, Elliot L. Meyrowitz

Nova Law Review

In Foreign Affairs and The Constitution,' Professor Louis Henkin

pointed out that one of the important traditional functions of the Constitution,

albeit many times overlooked and ignored, has been to limit

the actions of our government in the area of foreign relations.

Letter From The Government, William H. Taft Iv

Nova Law Review

July 15, 1982

Articles Editor

Nova Law Review

3100 S.W. 9th Avenue

Fort Lauderdale, Florida 33315

You have written to both Secretary Weinberger and me

inviting us to comment in your law review on the issues

raised in Professor Arthur Miller's article "Nuclear Weapons

and Constitutional Law." This letter is in response to both

invitations. We appreciate very much the opportunity thus

provided.

Nuclear Weapons: Unconstitutional Or Just Unjust?, Gary L. Mcdowell

Nova Law Review

Before one can reasonably assess Professor Miller's argument in

"Nuclear Weapons and Constitutional Law," a fundamental distinction

needs to be drawn. That distinction is between the Constitution and

constitutional law. For Professor Miller, there is no Constitution beyond

constitutional law; the Constitution is only what the judges say it

is - no more, no less.

In Brief Rejoinder, Arthur S. Miller

Nova Law Review

The editors of the Nova Law Journal have invited me to comment

upon the responses that were received to my preliminary foray into the

applicability of constitutional norms to nuclear weapons. I am happy to

do so

Wisdom, Constitutionality, And Nuclear Weapons Policy, Dean Alfange Jr.

Nova Law Review

In a well-known passage in his famous dissent in the flag-salute

case of 1943, Justice Felix Frankfurter wrote:

Our constant preoccupation with the constitutionality of legislation

rather than with its wisdom tends to preoccupation of the American

mind with a false value. The tendency of focussing attention on

constitutionality is to make constitutionality synonymous with wisdom,

to regard a law as all right if it is constitutional. Such an

attitude is a great enemy of liberalism. . . . Reliance for the most

precious interests of civilization, therefore, must be found outside

of their vindication in courts of law.

International Law As Law Of The Land: Another Constitutional Constraint On Use Of Nuclear Weapons., Martin Feinrider

Nova Law Review

Concern now focuses on the threat to humankind posed by nuclear

weapons to an extent not seen since the days of the Ban-the-Bomb

movement of the 1950s.

Lawyers Can, But Law May Be Unable To Contribute To Nuclear Weapons Debate, L. Harold Levinson

Nova Law Review

Professor Miller concludes that "law and lawyers have something

useful to contribute to the growing debate about nuclear war." I agree

that lawyers can make a useful contribution. Whether the law can

make a contribution is quite another matter, on which I have serious

doubts.