• Nuclear Weapons' Negation of the Rule of Law

    Author(s):
    Susan Bitensky
    Date:
    2021
    Group(s):
    MSU Law Faculty Repository
    Item Type:
    Article
    Permanent URL:
    https://doi.org/10.17613/d34f-8f05
    Abstract:
    This Article demonstrates that nuclear weapons are inconsistent with and destructive of the rule of law. Of course, use of nuclear weapons would completely abrogate any extant rule of law in regions subject to nuclear attack. That much is obvious, though hardly ever considered. The Article's other theses are much less intuitive and focus on the United States in its role as a colossus among nuclear armed nations. Due to some little-known political history and the myths it has engendered, the rule of law, ab initio, has never applied to the Commander in Chief's power to decide on using, or his or her actual use of, nuclear weapons. This means that, during every moment of every day, the President's mere ownership of a boundless destructive power has no legal or rule of law guardrails. Finally, the President's sole possession of the nuclear prerogative, or implementation of it, profoundly undermines the rule of law by thwarting the Constitution's commitment to democratic governance, especially over matters of national defense.
    Metadata:
    Published as:
    Journal article    
    Status:
    Published
    Last Updated:
    3 months ago
    License:
    Attribution
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