Author: Elaine Scarry

  • Elaine Scarry: The Extortionist’s Doctrine

    Elaine Scarry: The Extortionist’s Doctrine

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    The Extortionist’s Doctrine

    (We are excited to share this brilliant article by Professor Elaine Scarry, who delivered our 2019 Kelly Lecture and is a member of our Advisory Council.)

    On the persistence of U.S. nuclear deterrence policy.

    September 26, 2024 | Elaine Scarry
    *Originally published in the Boston Review

    The key structure of the doctrine of nuclear deterrence is audible in the September 4, 2024, speech by U.S. Deputy Under Secretary of Defense Cara Abercrombie: “Any nuclear attack by the DPRK against the United States or its allies and partners is unacceptable and will result in the end of that regime.” The doctrine, which the United States has embraced since the Cold War, aims to prevent an adversary from launching a nuclear weapon by assuring that any first strike will be followed by a retaliatory second strike, whose effects will equal or exceed the original damage and may eliminate the adversary altogether. This annihilating reflex of deterrence is equally audible in the quiet words of the Department of Defense in its web page on “America’s Nuclear Triad,” its sea-based, land-based, and air-based delivery platforms: “The triad, along with assigned forces, provide 24/7 deterrence to prevent catastrophic actions from our adversaries and they stand ready, if necessary, to deliver a decisive response, anywhere, anytime.”

    Framed wholly as defensive and preventative (and from day to day, largely successful in deflecting our attention from the actual first use stance the country has had for nearly eighty years), deterrence would almost have the aura of peacekeeping, were it not the mental platform undergirding our fourteen Ohio-class submarines (each able to singlehandedly destroy one of Earth’s seven continents), four hundred land-based ICBMs, and sixty-six B-52 and B-2 stealth bombers. Although the physical act of unbuilding the nuclear architecture is easily within reach—it would take at most four weeks to dismantle all the nuclear triggers throughout the world, a decisive because disabling first step—the mental architecture of deterrence is the major impediment to doing so.

    One of the fiercest critics of nuclear deterrence is the former commander in chief of the U.S. Strategic Command, General Lee Butler. While serving in that role, Butler simultaneously served as Director of the Joint Strategic Target Planning Staff, overseeing the selection and coordination of twelve thousand nuclear targets. In the year the Berlin Wall fell, he became the director for strategic plans and policy in the Office of the Joint Chiefs of Staff. Butler could be crowing about the roles he had in overseeing the country’s nuclear deterrence in the twentieth century. Instead, from the deep interior of our country’s nuclear architecture, he has for decades denounced both the practice and theory of nuclear deterrence.

    In a 1996 address to the National Press Club, General Butler called for the abolition of nuclear weapons. He repeated that call in a speech before the National Press Club in 1998 where he outlined the strategic and moral failings of deterrence, and he elaborated those failings in his 2016 two-volume memoir, Uncommon Cause: A Life at Odds with Convention. Here is Butler’s overview of nuclear deterrence:

    Appropriated from the lexicon of conventional warfare, this simple prescription for adequate military preparedness became in the nuclear age a formula for potential catastrophe. [Deterrence is] premised on a litany of unwarranted assumptions, unprovable assertions and logical contradictions.

    Butler’s 1996 call for the elimination of nuclear weapons had been swiftly endorsed by sixty retired U. S. admirals and one hundred heads of state and government leaders, all of whom signed a public document confirming abolition as the correct course of action. But, despite his high standing, Butler’s 1998 denunciation of deterrence—while leading to energetic phone calls (for and against), interviews, and conference invitations (including one from Mikhail Gorbachev)—did not result in any formally codified statement of support, nor does it seem to have led to any publicly available counterstatement, an argument rejecting Butler’s claims and defending the coherence of the doctrine that sustains nuclear arsenals, its ethical stature, and its capacity to protect.

    After looking at Butler’s analysis, this essay will turn to the writings of Thomas Schelling—the 2005 Nobel prize–winning economist who offered the most comprehensive case for deterrence. The Department of Defense identifies Schelling as “one of the intellectual founders of U.S. nuclear deterrence thinking”; his writings are still used by practitioners today. Can Schelling rebut Butler’s charges? Can nuclear deterrence be defended?


    General Butler identifies eight flaws in the mindset and practice of nuclear deterrence:

    1. Deterrence “flies in the face of the most vital goal of national security: to ensure the survival of the nation.” Deterrence not only fails to fulfill this primary obligation; it radically contradicts it because it allows the fate of the country—and indeed the world—to turn on a vision of human action and judgment as infallible. This failure leads to Butler’s conclusion that “as a nation we have no greater responsibility than to rethink our reliance on nuclear deterrencehowever unpalatable that may be intellectually or politically.”

    2. Deterrence is “fatally flawed at the most fundamental level of human psychology.” It is premised on each side in a nuclear conflict presuming to place themselves in the opponent’s position; each believes they are able to understand the other side’s thinking, when in fact there’s no understanding, and often even very little attempt to understand one another. Leaders often aren’t rational, and even in cases where the leaders are “rational,” deterrence doesn’t prevent catastrophe. Robert McNamara, in his interview with filmmaker Errol Morris in Morris’s documentary Fog of War, says of the Cuban Missile Crisis: “Kennedy was rational. Khrushchev was rational.” And yet they came within a “hair’s breadth of war with the Soviet Union on three different occasions”; it was only “luck” that saved us, McNamara insists. Butler’s critique also draws on the Cuban Missile crisis: he stresses the “fog of mutual misperception” while “[clinging] to the notion that such a war could be reliably deterred.” With the United States and Soviet Union, it was “a dialogue of the blind with the deaf,” a conflict between two “darkly suspicious adversaries.”

    3. The third flaw in deterrence theory is that “the consequences of its failure are intolerable.” With conventional weapons, if you fail to deter, the consequences are bad: you may have just lost the battle; you may even have lost the war; your nation may even be now redesigned to become another nation. But you haven’t lost your whole population and certainly the earth survives. In nuclear deterrence failure, all is destroyed: failing means “poisoning the earth and deforming its inhabitants for generation upon generation”; jeopardizing “not just the fate of nations but the very meaning of civilization.”

    4. The fourth flaw is a fatal contradiction at the very center of deterrence thinking. Deterrence relies on the specter of a huge “second strike” capacity. If my opponent contemplates striking me first, he will be discouraged when he sees that even after that strike, I have an arsenal that can deliver massive retaliation, or at least retaliation far beyond what I just suffered.

    But here is the contradiction. To my opponent, this mighty second strike arsenal that I’ve amassed looks an awful lot like a first strike arsenal; and fearing that I might deliver a massive first strike blow, my opponents now have to vastly increase their own second strike line of discouragement, which in turn looks to me like a first strike option. Thus massive second strike—the key to deterrence defined as the practice of preventing nuclear war by discouraging a first strike—somersaults into the perceived position of a first strike. “The bar of deterrence,” Butler writes, “ratchets higher, igniting yet another cycle of trepidation, worst-case assumptions and ever-mounting levels of destructive capability.”

    In a 2024 interview, MIT’s Ted Postol argues that the long-range missiles now being scheduled to be stationed in Germany by 2026 for defensive purposes will almost certainly be perceived by Russians as a first strike preparation. Butler gives the earlier example of nuclear-armed MIRVs (multiple independently targetable reentry vehicles) that, intended as second strike deterrence, instead “exacerbated serious fears of a nuclear first strike.” Echoing Butler’s description, interviews with twenty-two top Soviet military leaders after the breakup of the Soviet Union suggest that while the announced U.S. policy during the Cold War was second strike deterrence, the Soviet Union believed the United States was preparing for a first strike. Their list of first strike “indicators” leads with MIRVs:

    [Soviet military leaders’] most frequently cited indicators included: the development of the highly accurate, multiple warhead MX missile system; programs to develop accurate multiple independently targetable reentry vehicles (MIRV) warheads for existing missile systems (putting Soviet land-based ICBMs and control systems at risk); the relative vulnerability of U.S. missile silos and control centers to ground bursts; the large and diverse arsenal of tactical nuclear weapons in Europe; the consistent rejection by the United States of no first use doctrine; the deployment of the Pershing II missile and ground and sea launched cruise missiles capable of striking command and control targets in Soviet territory with little warning; and the issuance of Presidential Decision Memorandum 59 (PD-59), which the Soviets viewed to be a deliberate policy for launching a surprise decapitating first strike against the Soviet leadership.

    Not surprising is the conclusion the adversary drew from this list of indicators: “Soviet modeling and testing was based on the assumption that the United States would strike first.”

    5. The fifth flaw follows directly from that central contradiction. Deterrence, Butler writes, fails utterly “as a guide in setting rational limits on size and composition of U.S. and Soviet forces. To the contrary: the appetite of deterrence is “voracious.” It creates an “insatiable arms race.”

    The endless weapons research and production result from competition, not just among the weapons makers but between the Air Force and the Navy, who both compete for a preeminent position in the nuclear array. As a result, “new technology is inspired, together with new nuclear weapons designs, and soon new delivery systems roll from production lines.” What proliferates isn’t just weapons but also the “nether worlds” of bureaucracies: “astronomically expensive infrastructures, monolithic bureaucracies, complex processes that defied control or comprehension.”

    But the drive for new weapons comes not just from greed or the excitement of creating ever more ingenious forms of massacre; it also comes from that second strike/first strike paradox that resides at the heart of the deterrence philosophy. Deterrence expands rather than contracts the dangers; it heats up rather than cools off; it proliferates weapons and network complexity rather than dampening them down. “As their numbers [swell],” writes Butler, “so [mount] the stakes of miscalculation, of a crisis spun out of control.”

    6. The sixth flaw is the profound moral aberration of deterrence. Butler writes: “What better illustration of misplaced faith in nuclear deterrence than the persistent belief that retaliation with nuclear weapons is a legitimate and appropriate response to post–Cold War threats posed by weapons of mass destruction? What could possibly justify our resort to the very means we properly abhor and condemn? . . . What target could warrant such retaliation? Would we hold an entire society accountable for the decision of a single demented leader?”

    7. Closely related is the seventh flaw: even before any missiles are launched or populations are slain, deterrence destroys the minds and souls of those who have to bandy about the word “deterrence.”

    Butler worries that the cavalier reference to killing millions of people must harm anyone speaking that way. And part of what he considers is the tonal distance between the petty and trivializing idiom of a game theory framework and the immensity and complexity of the reality. So he writes at one point, “invoking deterrence [becomes] a cheap rhetorical parlor trick, a verbal sleight of hand. Proponents persist in dressing it up to court changing times and temperaments” so it will always “fit shrinking or distorted threats.” He adds, “Its wiles cannot be contained.” Butler never names game theory (nor does he ever risk compromising security by quoting the actual sentences swirling around him in the Pentagon or White House or Offutt Air Force Base). He instead, as here, uses the language of parlor tricks, gambling, “aura of utility,” the “easy semantic cover” of deterrence, its quality as “catechism,” “litany,” “folly,” a hybrid of “simple precept” and “treacherous application.” Game theory is widely acknowledged to underwrite much of deterrence theory, and individuals like Thomas Schelling openly describe long bouts of strategic gaming with leading civilian and military leaders. Schelling also describes his own government service in the early 1950s, and his early recognition that bargaining was key to the nuclear architecture.

    For Butler, the vocabulary and mental practices of nuclear deterrence damage individuals because they “pander to our darkest instincts. They corrode our sense of humanity, numb our capacity for moral outrage, and make thinkable the unimaginable.” They damage individuals whether they live in capitalist or communist states. Just as deterrence theory damages individuals, so it damages groups of planners. It replaces discussion, deliberation, and debate with a set of moves. Rather than listening to the other side, we’re caught in what one theorist—David Runciman in his 2018 How Democracies End—calls “a technical game of tit-for-tat advantage.”

    Butler writes, “From the very beginning of the nuclear era, the objective scrutiny and searching debate essential to adequate comprehension and responsible oversight of its vast enterprises were foreshortened or foregone. The cold light of dispassionate scrutiny was shuttered in the name of security, doubts dismissed in the name of an acute and unrelenting threat, objections overruled by incantations of the nuclear priesthood.”

    8. Lastly, nuclear deterrence theory promotes international proliferation. If we think deterrence makes the world safer, then many other countries should adopt it too. Thus it not only incites proliferation by prompting the nuclear country to keep making new weapons; it also proliferates nuclear arsenals by spreading the weapons and ways of thinking to other, formerly non-nuclear, countries. As Butler warns, “Others are listening, [and] have converted to our theology.”

    The U.S. defense priesthood celebrates deterrence as keeping the world safe in the second half of the twentieth century and leading to the breakup of the Soviet Union. Butler once believed this account, but says those decades are far too complex to allow us to believe we already comprehend what happened, and that understanding will only come about after many decades. In the meantime, much evidence contradicts the notion that nuclear deterrence brought down the Berlin Wall: Butler cites Soviet archives crediting NATO’s conventional forces and soft power.

    Describing a deeply flawed strategy through these eight flaws, Butler launches his devastating critique of deterrence from the inside as a framework with an “awful willingness not simply to tempt the apocalypse but to prepare its way.” The beliefs and mindsets it generates, he argues, “must be let go.”

    While other Department of Defense insiders have not—to this writer’s knowledge—issued a similar denunciation of deterrence, some have issued an equally clear call for nuclear abolition, as can be heard in the words of late Secretary of State Henry Kissinger (whose call for a nuclear-free world assisted the emergence of Nuclear Zero), former Secretary of Defense William Perry (founder of the William Perry Project, the aim of which is to awaken the American public to the dire twenty-first-century peril), and late Secretary of Defense Robert McNamara (who in the pages of Foreign Policy and elsewhere described U.S. nuclear weapons policy as “illegal, immoral, and dreadfully dangerous”). Although Kissinger, Perry, and McNamara do not explicitly denounce deterrence as a lie, their call for nuclear abolition reveals their conviction that nuclear deterrence is a false doctrine: a person who believes the Orwellian platitude that “nuclear deterrence prevents nuclear war” would never call for the elimination of nuclear weapons. McNamara and Perry may instead be accurately described as “agonizing” about the urgent importance of eliminating nuclear weapons: McNamara’s eloquent soliloquies in Fog of War, for example, sound—in the strain those soliloquies place on his chest and neck—closer to bodily retching or praying than to speaking. He is a man almost on his knees supplicating the public to hear what he is saying.


    While we wait for a government insider or defense contractor to step up to the plate to answer General Butler’s eight charges, we can turn to Schelling, father of deterrence theory, whose influential writings and public talks are routinely (and not inaccurately) described as brilliant. Perhaps he provides the best case that can be given for deterrence. Game theory, as the Stanford Encyclopedia of Philosophy points out in its essay on the subject, was originally only a theoretical construct until it got its first real-world material to play with—nuclear war. Schelling’s trio of books on the subject—The Strategy of Conflict (1960), Strategy and Arms Control (1961), and Arms and Influence (1966)—were some of the primary conduits through whom the gift to game theorists was delivered.

    Schelling’s case for deterrence bypasses some of Butler’s grounds of denunciation and anticipates others, but does not appear to successfully overcome any of them. He is wholly silent on the moral turpitude of nuclear deterrence in arranging for the mass slaying of populations either by a first strike or a second strike. Schelling raises no query about the moral status of deterrence, or about what he at one point in Arms and Influence quotes a fellow scholar describing as “the usual mercies.” He certainly uses adjectives which ordinarily have a moral valence, as when he describes nuclear bargaining as a particularly “vicious” form of negotiation, or its violence as “monstrous.” But adjectives like “vicious” and “monstrous” are not invoked to express disapproval and certainly not to advocate stepping away from the practice of deterrence being described. And in noting the parallel between international nuclear threats and blackmail or extortion by gangs, he is not launching into a recommendation that we step away from such practices. There are hundreds of such moments in Arms and Influence, reissued in 2008 (this time with a new preface from Schelling providing assurance that its principles are still relevant to the present and to all the new players—new nuclear states) and again in 2020.

    Because Schelling bypasses Butler’s sixth flaw, it is not surprising that he also bypasses the seventh, namely, Butler’s perception that the practitioners of deterrence, even if they have not yet overseen the launch of a weapon that massacres a people, have harmed their own minds and hearts by tossing about language that makes them incapable of hearing their own inhumanity. Schelling uses the deterrence language with speed and lucidity and does not pause to voice any worry about the surviving integrity of his own mind and soul. He notes, for example, one practice that might increase the chance that the United States and Russia will abstain from launching weapons against one another: to have all American children spend their kindergarten year in Russia and all Russian children spend their kindergarten year in the United States. (He is careful to stipulate that a given year’s kindergarteners will not be permitted to leave the opponent’s country until the next year’s kindergartners have arrived on that soil.) Schelling’s hideously ingenious suggestion might well be cited by advocates of nuclear abolition, since it shows how maniacal the peril is by showing how maniacal the solution is. But Schelling does not provide the example as prelude to any recommendation for negotiating the weapons out of existence. Similarly, noting that scientists have at times feared that nuclear fission might ignite the atmosphere, he observes that, were that the case, countries could figure out exactly how many nuclear weapons (N) would need to be detonated to ignite the atmosphere and then themselves proceed to detonate N-1 weapons. Rather than working to negotiate nuclear weapons out of existence—the best way to prevent nuclear weapons from exploding the atmosphere or kindergarten children from getting slain—Schelling rests content with keeping the nuclear weapons on hand and carrying out baroque and macabre cruelties to forestall the ultimate civilization-destroying disaster. Though he only rarely introduces disarmament in any of his books, his tone is dismissive when he does. In Strategy of Conflict, he notes that disarmament proposals tend to be either “ingenious” (i.e. unrealistic) or “sentimental” (i.e. worthy of scorn).

    In her preface to the 2020 edition of Arms and Influence, Anne-Marie Slaughter suggests that Schelling’s agility in moving between nuclear deterrence examples of negotiation and examples of negotiating traffic jams and child-raising indicates his “humanity,” revealing that he thinks of himself as residing in the midst of targeted civilians (people driving or parenting) rather than among those launching the weapons. But the tonal discrepancy between nuclear war and playful scenarios in which one is outwitted by one’s own children or by fellow drivers might arguably be construed as indicative of the psychic numbing Butler worries about. In the book, Schelling discusses the role of fallout shelters (hypothetical, as he notes, since the United States—unlike Russia, Switzerland, and Norway—has almost none), arguing that the government may jeopardize its warfighting position if it reveals its anticipation of war by warning the population to go into them. Likewise, he worries that if the population were warned in advance and then resided in shelters for several weeks while the nuclear conflict hadn’t yet begun, awareness of the population’s limited endurance might “coerce” the government into initiating a war it might not otherwise undertake.

    The loss of reality that a practitioner of deterrence theory is likely to suffer is illustrated when Schelling says in an interview that one could, before actually “using” nuclear weapons, “demonstrate” one’s willingness to use them by launching one, five, or ten nuclear weapons: “a shot across the bow.” Most people would not perceive five nuclear weapons—let’s say, traveling toward Boston, New York, Chicago, Washington, or Miami (or any quintet of cities in any country on earth)—as merely a “demonstration” or indication of a future willingness to use nuclear weapons. Such a startling idea might seem just an anomaly arising out of an interview. But in fact, it is very much part of strategic preparations that differentiates the SIOP (Single Integrated Operational Plan, in which thousands of weapons are exchanged in six hours) from LNO (Limited Nuclear Options, where a small number of missiles are launched), according to William Odom, who served as military assistant to Zbigniew Brzezinski during the Carter presidency. He describes his and Brzezinski’s desire to speak with Carter’s Chiefs of Staff about what seemed to them the incomprehensible logic of their LNO plan, but they instead received a memorandum assuring them it would increase credibility with the adversary. Odom writes:

    I was puzzled. Why would a half-dozen nuclear weapons launched at any target in the Soviet Union be less likely to provoke a large retaliatory nuclear response if coupled with a Soviet invasion of Western Europe? I tried to imagine President Carter sending Brezhnev a message over the Washington-Moscow Hotline, telling him than an LNO would soon be coming, and not to panic because it consisted of only six weapons and was intended to underscore U.S. credibility and lead to deescalation. And suppose Brezhnev responded, “I understand. I recognize your ‘credibility’ problem, but now I have a credibility problem. So I am launching only four nuclear weapons at Seattle. Do not panic. Additional strikes will not follow before we begin to negotiate.” What could the president do at this point?

    Schelling himself identifies as an important flaw in nuclear deterrence a lack of sufficient thinking about how or when two sides can “pause” in the midst of missile exchanges and about how to reach an end. In war, writes Paul Kecskemeti in Strategic Surrender, both sides cling ardently to their beliefs. In order for the war to end, one of them must give up their beliefs; this only happens because gradually losses accumulate, and one side undergoes a perceptual reversal, a “political reorientation” where the idea or possession they thought they couldn’t part with now seems something they can part with. The speed of nuclear war (happening in hours or days), coupled with the structural absence of pauses, makes such a process of reorientation impossible. Schelling himself does not appear to provide any solution to the absence of any rest stops throughout the nuclear exchange. But he very much pictures himself directly speaking to military strategists. His 2008 preface to Arms and Influence, for example, directly acknowledges that military and government officials will make use of his book, and he expresses the hope that new nuclear states will do likewise. He worries that there has been little attempt to build a “pause” option; but again, he is not worried about deterrence, only noting what remains to be done.

    Schelling’s bypassing of Butler’s sixth and seventh objections prepares us to recognize how he also evades the first. Butler expresses concern about the military’s first “obligation”—to ensure the survival of the nation. Far from presenting the safety of the population as the highest goal, Schelling observes that a country’s deterrence efforts may well be strengthened if the country makes clear to the opponent its willingness to lose some of its own cities. This argument would seem to be a very direct illustration of Butler’s charge that deterrence fails to ensure national survival, since it provides the country’s national security apparatus with intellectual license to offer one or more of its cities to nuclear annihilation as a way of making good on its own threats. The strategic advantages of the “hostage” phenomenon—whether dwellers in a specified city or all children of kindergarten age or the seven thousand American soldiers in West Berlin whose only purpose, says Schelling, is to die in order to guarantee U.S. retaliation in the event of Soviet trespass into the city—is key throughout Arms and Influence. Partial elimination of the opponent’s population is preferable to total elimination not because fewer people are killed, but because only the existence of survivors provides negotiating power.

    Schelling certainly sees the nuclear era as exceptional in the history of warfare, but he does not think the potentially large number of casualties is especially impressive, and he prefaces statements about the whole species being lost by the dismissive phrase “it is said”:

    Man has, it is said, for the first time in history enough military power to eliminate his species from the earth. . . . War has become, it is said, so destructive and terrible that it ceases to be an instrument of national power. . . . For dramatic impact these statements are splendid. . . . they do not help to identify just what is new about war.

    In World War II, he argues, U.S. soldiers could have killed every individual in Japan with an ice pick. This conclusion seems starkly wrong: Schelling forgets that to do so would require convincing thousands of individual U.S. soldiers to participate (without resistance or dissent) in this inconceivable act (accomplishing the same outcome with nuclear weapons requires only a single individual, the president, to assent); equally inconceivable is the idea that those U.S. soldiers who enter into one-on-one combat with Japanese citizens would in each case be the survivor. But even if his heartlessly inventive examples were plausible, they do not match the loss of the whole species, widely recognized to be a possible outcome of nuclear war and something that differentiates it from conventional warfare in the past or future. “Species” rarely occurs in his text (except to designate a subgenre of intellectual strategy unconnected to human beings); nor does the word “earth.”

    Nothing in Schelling suggests that he is at peace with our whole nation (let alone our whole planetary civilization) being lost, but neither does he very often seem to perceive the truth of the “splendid” sentences pointing to the loss of the whole species as a possibility, nor does he put forward an argument that we are not in danger of losing our whole population. In Butler’s formulation the military, or national security, has as its primary responsibility ensuring our country’s survival, yet Schelling might well point out that it is wholly predictable that his own view should be at odds with the military’s (and hence with Butler’s) since he repeatedly stresses throughout Arms and Influence that strategy in the nuclear age is at odds with classical military strategy on exactly this point. He repeatedly differentiates military objectives (victory; disabling the other side’s military force) from nuclear negotiation (“hurt” and “suffering”), outcomes he believes the military has almost never sought, except in rare exceptions such as Sherman’s march through Georgia or Sheridan’s against the Comanches: their wanton acts of cruelty, he writes, are rare instances where military practice of the past provided precedents for the Hiroshima and Nagasaki bombings. Thus he writes: “Proud military establishments do not like to think of themselves as extortionists.” Many other moments in Arms and Influence register a fork in the road between conventional military interests (which, he reiterates, ordinarily have no interest in causing suffering) and nuclear strategy (centered in hurt and suffering).

    In own writings and often quoted by others, Schelling makes the idea of “hurt” central to his definition of nuclear power. As he is quoted in a 2016 article from West Point’s Modern War Institute: “The power to hurt is bargaining power. . . . To exploit it is diplomacy, vicious diplomacy, but diplomacy.” Admirers of these statements often see it as an extension of Clausewitz’s famous dictum, “War is the continuation of politics by other means.” But Schelling’s statement is much more radical, anarchic, and amoral than is Clausewitz’s recognition that conflicts and the settling of conflicts are shared by politics and war. In the social contract theory of Thomas Hobbes, negotiation, agreement, and conversation are the radical opposite of war, not phenomena that can be coupled with war. The whole point of the social contract, as he repeats over and over in Leviathan, “is getting us out of the miserable condition of war.” In three different works—Leviathan, On the Citizen, and De Corpore—Hobbes states that injury is to the social contract what logical absurdity is to discourse. Schelling understands this: he rightly points out that in classical military strategy, negotiation is the very opposite of acts carried out to inflict suffering. The hybrid of negotiation and suffering, he often repeats, comes only with nuclear deterrence.

    Butler’s second objection—that deterrence requires a form of psychology incompatible with preventing war—specifies that one key psychological feature of deterrence is its overreliance on “western reason.” Others have made this particular critique. Schelling himself complains that game theory is often accused (wrongly, in his view) of being “hyper-rational” when in reality, he counters, it can be used as a way of dealing with “children and animals,” and is therefore an appropriate tool for “irrational” as well as “rational” situations. Schelling of course recognizes historical examples of leaders who are out of control (Khrushchev), who say things that he considers wildly imprudent and dangerous (Kennedy’s October 22, 1962 public threat to the Soviet Union, a potentially fatal lapse from an otherwise rational participant), or who are stark madmen (Hitler). He credits “irrationality” as itself a potential strategy, as in the “madman” theory where a person who appears deranged gets his way because the opponent sees his adversary may not have the option of pulling back. In his famous example of two cars speeding toward each other in a game of chicken, the driver who holds a detached steering wheel up in the air wins. Late in Arms and Influence, he lists other sources of irrationality that afflict both the United States and the Soviets: “budgetary inertia, interservice disputes, ideological touchstones, and the intellectual limitations of a political bureaucracy, as well as from plain bad information.”

    But as Butler and many other observers complain, deterrence assumes that two countries locked in exchanging threats will maintain a rational frame. In many interviews, Schelling maintains that rationality will not break down. For instance, in an appearance on a 1986 public television program, he is asked if he can imagine any situation that might cause deterrence to break down. He says he cannot. The interviewer then presents him with a series of plausible breakdown scenarios, to which Schelling responds in turn: high-level government officials are “unwilling to do things that they genuinely think would be reckless”; escalation would be “an abdication of responsibility”; “foolish things” or actions “mistakenly perceived” by both sides would have to happen before nuclear war became inevitable. But high-tension moments of international conflict are precisely situations liable to contain recklessness, foolishness, misperception, and abdication of responsibility. Schelling insists that rationality will remain in place.

    It should be noted that Schelling’s hypothetical response to Butler’s second objection also explains why he cannot answer Butler’s third, namely, “the consequences of failure are intolerable.” Many would say this observation alone provides a reason for immediate disarmament. But Schelling can’t address this possibility (other than as a set of “splendid sentences”) because he really cannot comprehend how deterrence could break down: it hasn’t broken down, he reports, in all the war games he’s been playing with high-level civilian and military officers; and after all, that would be foolish. At one point in the 1986 interview, he claims, citing his war gaming experience, that “escalation to nuclear war is extremely unlikely.” Then, after elaborating the nature of the gaming (and the high-level military and government people involved), he reiterates the claim while making it slightly less absolute: “Therefore I tend not to believe that every war escalates nuclear and becomes a holocaust.” When asked again if he believes a nuclear exchange will “inevitably escalate into the destruction of both sides,” he repeats that escalation is “doubtful.” Now the interviewer presses him on imagining a situation in Berlin that would lead to “nuclear escalation.” He says he can’t see how that could happen: it would have to be “fog of war,” or confusion, or one side incorrectly perceiving the other.

    A genre of event others may think moves us closer to disaster, an increase in the possibility of accidental nuclear war, Schelling instead judges to be an event that moves as farther away from disaster. In The Strategy of Conflict, after acknowledging that the risk of accidental nuclear war increases during periods of international crises, Schelling asks, “But is not this mechanism itself a kind of deterrent threat?” It is, he explains, because the recognition that the moment is dangerous means everyone is more careful.

    Butler’s second objection—a mismatch between the psychology of deterrence and handling of nuclear weapons—is based not only on an inappropriate reliance on a rational frame but a pretense of understanding what the opponent is thinking (while not actually making an effort to understand the opponent). The importance of listening to one’s enemy has throughout history been recognized, formalized in the Latin principle audi alteram partem—hear the other side. This at the very least means that during the deliberations about whether to issue a declaration of war, someone on the home side voices the point of view of the foreign adversary in order to test the legitimacy of the claims made against the putative “enemy” (in fact, the accuracy of the term “enemy” is what is often debated), as I’ve detailed in my 2014 book, Thermonuclear Monarchy. This description is true of the Congressional debates preceding the vote on the United States’ declaration of war prior to the War of 1812, the Mexican-American War of 1846, the 1898 Spanish-American War, and World War I. In the case of World War II, the deliberations on the declarations of war against Japan, Germany, and Italy were completed in a few hours after the United States had been attacked, yet prior to Pearl Harbor there had been two years of discussion about whether the United States should enter the war, during which the adversary’s perspective was sometimes voiced.

    While ordinarily members of the home country (in the interest of heading off a needless or erroneous war) take it upon themselves to understand and articulate the opponent’s point of view, in unusual cases, a representative of the opposing nation may get to make the argument, and not just in quoted reports, but inside the deliberating assembly. In Thucydides’ History of the Peloponnesian War, the Lacedaemonians, meeting in assembly to debate going to war against Athens, permitted an Athenian (a merchant, there on business) to address the assembly. In the age of nuclear deterrence, little room appears to be made for listening to a rival country’s suffering, its border fears, its aspirations, its sources of pride, its fear of shaming, its sense of necessity. “Hear the other side” has been reduced to hearing only the threats made by the other side, hearing information on the number and placement of their weapons, overhearing (through surveillance) their war games. It is empty of almost all psychological content other than winning and losing, even in a frame where everyone loses. Schelling repeatedly stresses the importance of “communication.” But it is communication restricted to moves and countermoves.


    We have so far covered five features of General Butler’s denunciation of nuclear deterrence—objections one, two, three, six, and seven. We will now turn to the inadequate response Schelling provides to Butler’s fifth and eighth objections. We will then turn to an important place where their visions meet: Butler’s fourth objection. In pursuing it, we will come upon what Schelling himself identifies a desirable form of disarmament (the only form of disarmament he appears to countenance).

    Butler’s fifth objection is that weapons production is out of control. The surfeit of nuclear arms is often something upon which both advocates of disarmament and advocates of deterrence agree. Today there are twelve thousand warheads worldwide (the number includes approximately 2,500 that are nominally “retired” but not dismantled and therefore readily available for use). Research by Rutgers University scientists shows that if even less than one percent of this arsenal is used, twenty million people will die on the first afternoon and a billion in the thirty days following an exchange of nuclear weapons. The total number of the world arsenal is, by all accounts, enough to destroy the surface of the earth many times over.

    When Schelling first published Arms and Influence in 1966, the world stockpile was thrice as high as that of today; when Strategy and Conflict was reissued in 1980, it was approaching its peak of fifty-four thousand warheads. Nearly alone among either disarmament or deterrence advocates, Schelling was not concerned about these numbers. In Arms and Influence, he observes that deterrence theorists who feel confident that countries will not intentionally go to war often worry that a nuclear war may start by accident, and they believe that the chances of accident go up as the number of warheads goes up. Schelling argues the contrary. We need these high numbers of weapons, he writes, in order to

    have forces secure enough and so adequate in number that they need not react with haste for fear of not being able to react at all, secure enough and so adequate in number that, when excited by alarm, we can be conservative and doubt the enemy’s intent to attack, and that the enemy has confidence in our ability to be calm, helping him keep calm himself.

    Schelling gives a second reason. He argues that locks on weapons and restraining devices on procedures will be resisted and foregone if we have lower numbers of warheads, and have to fear that some of our weapons may turn out to be duds. We will be more reluctant to put brakes on any of them. He acknowledges that the argument on this point is not yet settled, but urges that his view—that high warhead numbers decrease the chance of accidental nuclear war—ought at least to be taken into account.

    In his earlier book, Strategy and Arms Control, co-written with Morton Halperin, Schelling had already voiced the notion that large numbers of weapons could decrease rather than increase the odds of accidental nuclear war: “It would be pushing the argument to an extreme to suggest that the present arms race is safer than an arms-control environment would be.” In fact he goes on to argue that it may be virtuous—or at least wise—to renege on an arms agreement:

    It is unwise to expect any government to adhere long to the spirit and letter of an agreement that it has come to perceive as no longer compatible with its security interests. It has to be acknowledged that the motives for open violation, even clandestine violation, may be of the most respectable or of the most reprehensible sort. And the very likelihood that the other main participants, or the opposing bloc of participants, may at any time abandon the agreement is itself a motive for continually analyzing the wisdom of going along. There may, on the analogy with war itself, be a phenomenon of “preventive” or “pre-emptive” violation or denunciation.

    In The Strategy of Conflict, he argues similarly that larger number of missiles on both sides decrease the danger of a first strike by the adversary.

    Butler not only worries about the proliferation of weapons inside any one country, but about the spread of weapons across countries—his eighth objection: if the key to peace and the avoidance of nuclear war is having nuclear weapons, then other countries will not only want, but should want, to acquire them. Here again Schelling is blind to the logic that framing nuclear deterrence as an agent of peace prompts other nations to acquire the weapons. In his 2008 preface to Arms and Influence, he expresses his hope that new members of the nuclear club will read and benefit from his account of strategic deterrence: “My expectation is that Indians and Pakistanis who think about these things will find the book quite pertinent; my hope is that North Koreans and Iranians who think about these things will find the book illuminating.” He hopes even terrorists will see they should use nuclear weapons to negotiate, and not detonate the weapons themselves. But neither in this book nor other books does he welcome the spread of weapons, and he recommends, among other things, the possibility that Russia and the United States work together to discourage newcomers from acquiring nuclear weapons. Crucially, he does not recognize that the buoyant account he gives of nuclear strategy (which provides a new country with a glowing account of the advantages of possession) is contradicted by his worry about other countries having them: “It seems very likely that the world would be more dangerous if a dozen or so countries developed nuclear capabilities.”

    We now turn at last to Butler’s fourth objection, the only one with which Schelling appears to be in agreement, or at least partial agreement. Nuclear deterrence seeks to amass a second strike arsenal that will discourage (deter) the enemy from carrying out a first strike; but that defensive arsenal may be construed by the enemy as preparation for a first strike, thereby accelerating that opponent’s own advance toward a first strike. Deterrence, if this is true, continually threatens to bring about the very act it was designed to suppress.

    This is one phenomenon Schelling agrees with throughout his writings. For example, in Strategy and Arms Control he writes:

    It is sometimes argued that airborne alert for the bomber force is a ‘stabilizing’ measure; it provides assurance that we could retaliate after an attack. . . . At the same time, it has been argued that airborne alert is ‘provocative’ in getting a fraction of our bomber force in a state of alert that could be exploited for a quick effort to knock out Soviet bombers and missiles.”

    In Arms and Influence, Schelling generalizes this feedback loop (no longer confining it to the airborne bomber force): from as early as 1958 forward, Americans, Soviets, and the wider arms control community have recognized “the possibility that, in a crisis, reciprocal suspicions might be amplified by a feedback process, each side’s preparation against surprise looking like preparations for attack.” In The Strategy of Conflict, Schelling dedicates an entire chapter to the feedback loop: “If surprise carries an advantage, it is worthwhile to avert it by striking first. Fear that the other may be about to strike in the mistaken belief that we are about to strike gives us a motive for striking, and so justifies the other’s motive.” Entitled “The Reciprocal Fear of Surprise Attack,” the chapter examines the conditions under which the nuclear feedback loop, already dangerous, remains steady or instead becomes continually self-amplifying. Schelling’s attention to the feedback loop warrants yet another chapter in Strategy and Conflict: “We live in an era in which a potent incentive on either side—perhaps the main incentive—to initiate total war with a surprise attack is the fear of being a poor second for not going first.”

    Quite apart from this feedback loop, in which the key move in nuclear deterrence incites the onset of nuclear war it was supposed to prevent, Schelling over and over acknowledges that participants will perceive “first strike” as the winning move, as here in Arms and Influence:

    Military technology that puts a premium on haste in a crisis puts a premium on war itself. A vulnerable military force is one that cannot wait, especially if it faces an enemy force that is vulnerable if the enemy waits.

    If the weapons can act instantaneously by the flip of a switch, a “go” signal, and can arrive virtually without warning to do decisive damage, the outcome of the crisis depends simply on who first finds the suspense unbearable. If the leaders on either side think the leaders on the other are about to find it unbearable, their motive to throw the switch is intensified.

    In The Strategy of Conflict, Schelling quotes others as saying first strike is an advantage and abstaining from first strike a disadvantage. He cites General Leslie R. Groves, for instance, who argued that “our reluctance to strike first is a military disadvantage to us; but it is also, paradoxically, a factor in preventing a world conflict today.” And Schelling in his own voice repeatedly acknowledges the strategic advantage of first strike:

    We do not . . . assess American and Soviet strategic forces by counting up the bombers, missiles, submarines, and aircraft carriers on both sides, as though we wanted to see who could put on the most impressive peace-time parade. ‘Who is ahead?’ in the arms race will usually be: whoever strikes first.

    He credits the idea that if first strike capability were eliminated on all sides, this would amount to a form of disarmament.

    Schelling’s openness to even the word “disarmament” here is potentially fertile ground for anyone trying to understand how the denunciation of deterrence and the celebration of deterrence have any hope for locating common ground. Schelling, after all, is usually dismissive of disarmament. He speaks in Arms and Influence of disarmament talks as distracting and unhelpful, in his comments like “the noise emanating from Geneva” or his reference to “Pugwash Conference and other minor efforts.”

    One chapter contemplates disarming all countries and relying on an international force armed with nuclear weapons to maintain the peace: but at its best, he argues, such a force would only carry out what the United States and NATO can already carry out, and at its worst it might become something so authoritarian it would require on the citizenry’s part a revolution.

    The fact that Schelling acknowledges the dismantling of first strike as a form of disarmament is crucial. Peace activists—as well as former members of the Department of Defense, like William Perry—often argue the same: if every country adopts a No First Use policy, there ceases to be any way for a nuclear war to occur. China and India have long had No First Use policies, as has Russia during some periods. The United States has never embraced No First Use, despite the fact that at least two of its presidents—Obama and Biden—have at various times considered eliminating the country’s First Use policy, and despite repeated invitations from Russia and a current invitation from China in its July 2024 “No-first-use of Nuclear Weapons Initiative Working Paper” submitted to the United Nations, reaffirming its own pledge of No First Use and urging “the five nuclear-weapon States to negotiate and conclude a treaty on ‘mutual no-first-use of nuclear weapons’” or issue a political statement in this regard.

    Schelling’s specific proposal for disarmament based on elimination of first strike unfortunately seems to quickly become a magnified form of deterrence theory, rather than a major step toward the total disarmament the nuclear states promised in the Nonproliferation Treaty. Schelling believes that surprise attack can be ended by eliminating first strike weapons, or by eliminating first strike practices, or by eliminating first strike advantages. He proposes seeking to remove all weapons designed to take out the adversary’s military (in his view, these are first strike weapons), and keep only those weapons designed to massacre the populations of cities (in his view, second strike weapons); though he acknowledges that there is no bright line separating the two genres. He urges that both sides will need very high, not very low, numbers of these anti-population weapons; and drawing on the writing of deterrence colleague Bernard Brodie, he supposes that they should be high potency, “super-dirty bombs . . . as horrendous as possible.” Submarines play a large role in this vision.

    Butler described deterrence as full of “logical contradictions,” and here is one more. After our long journey that began with the acknowledgment that deterrence sets up second strike to eliminate first strike, but finds that it fails because the second strike looks to the adversary like a first strike and therefore encourages the adversary to himself carry out a first strike, we now have a proposal that we can move to disarmament by, yes, setting up a disarmament protocol based on anti-population second strike weapons and eliminating first strike, forgetting altogether that these second strike weapons will look to the adversary like first strike, carrying us back to our original “orgy” (Schelling’s word) of destruction.

    Nuclear deterrence strategists openly concede that they use threats of annihilation as “blackmail” for coercing the adversary’s compliance with our country’s demands. Perhaps the citizenry of our country has passively accepted nuclear deterrence by the same rhythms of blackmail. Just as Schelling argues that mounting nuclear arsenals make us safer (making us reluctant to argue that our arsenals be reduced), and just as he argues that international crises decrease the likelihood of nuclear war by putting us on high alert (making us tolerate our government’s forward path into crisis after crisis), so here at last Schelling tells us the elimination of first strike is only going to eliminate military targets and produce massive preparation for attacks on foreign cities (making us reluctant to demand what the most minimal moral impulse would require of us, the elimination of first strike). We are intimidated into accepting our country’s large arsenals, frequent participation in international crises, and a national policy of first use in the same way that the country’s adversaries are intimidated into acceding to U.S. demands.

    However, Schelling’s even momentary equation of the elimination of first use with disarmament coincides with many voices urging its elimination. With seventy nations having ratified or acceded to the International Treaty on the Prohibition of Nuclear Weapons, and with pending U.S. legislation and litigation-in-preparation on the unconstitutionality of presidential first use of nuclear weapons, the world is ready for the elimination of first strike, as well as taking weapons off alert (a practice confined to the United States and its British and French allies) and keeping missiles unmated to delivery systems (as has long been China’s practice) until further steps toward disarmament can be achieved.

    Thomas Schelling’s Nobel prize–winning writings make perfectly clear the true and truly hideous character of the negotiations embedded in deterrence. They only confirm the eight flaws identified by General Lee Butler, the former head of our nuclear forces, in his denunciation of the theory and practice of deterrence.


    Elaine Scarry is Walter M. Cabot Professor of Aesthetics and the General Theory of Value at Harvard University. She is author of many books, including Thermonuclear Monarchy: Choosing Between Democracy and Doom.

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  • Thermonuclear Monarchy and a Sleeping Citizenry

    Thermonuclear Monarchy and a Sleeping Citizenry

    This is a transcript of the 18th Annual Frank K. Kelly Lecture on Humanity’s Future, delivered by Elaine Scarry on May 9, 2019 in Santa Barbara, California. A video of the lecture is available here.

    It’s a tremendous pleasure to be a guest of the Nuclear Age Peace Foundation and the group of people who run it—David, Rick, Richard Falk, Rob Laney, Sandy, Sarah, and others—and I’m also very grateful to all of you for coming out tonight. It’s a special honor to be talking in terms of humanity’s future, and because that’s the title, I thought that I would begin by just mentioning the fact that when I work on nuclear disarmament, I’ve often noticed that one of the groups of people that is most worried about nuclear weapons is composed of astronomers and astrophysicists. When I first noticed this I was kind of surprised by it, because whereas the rest of us is are thinking all the time about the Earth, I take it that astronomers are often thinking about worlds way beyond the Earth, like other galaxies outside the Milky Way. This one galaxy, for example, contained several hundred billion stars, many of which have planets. So it seemed remarkable that astronomers should care about this little piece of ground in the universe.

    This next particular photograph—although it’s showing a very tiny piece of the sky—contains thousands of galaxies, just within one galaxy cluster, and each of those galaxies has billions of stars. When I asked somebody named Martin Reese, who’s a royal astronomer of Britain, why he was so concerned about it, given that he spent so much of his mental life outside of our own terrain, he said that if you’re an astronomer looking at that other world, you actually care more about the Earth because you realize that what we have here is nowhere else to be found in the universe. That there is no life, certainly no intelligent life, elsewhere in the universe, so the miracle of it being back here seems especially precious.

    I also asked another astronomer at the Hubble telescope, Mario Livio, the same question. And he gave the same answer: how extraordinary it was to be always having once mental life projected out into this world of other universes, and to find again and again that there was no other life, or certainly intelligent life, out there. Mario Livio went on to explain that several decades ago a famous scientist named Fermi pointed out that it’s almost incomprehensible, given the number of planets that recreate the conditions necessary for life, that we haven’t yet encountered other life. This has come to be known in science as Fermi’s paradox—the fact that there are so many millions of places that ought to be showing us life, and yet we haven’t found it. Mario Livio said that different explanations are given for this, and one is that very early in the history of life on a planet, a bottleneck occurs, in particular a bottleneck that occurs in going from one-cell organisms to multi-cell organisms.

    On our own planet, one cell organisms appeared almost the moment the Earth was created—almost the moment it cooled down enough to support life—but multi-celled creatures only occurred millions of years later. It may be that the jump from one cell to multi-cell is just too hard to get through. We luckily got through it, but Mario Livio said there’s also another bottleneck that occurs not at an early moment, but in a late moment. This, by the way, is the reason that most people speculate why we’re not finding life on other galaxies. The explanation is that any group of creatures intelligent enough to have interstellar communication will also be smart enough to blow themselves up. They will, and they have—it is almost certain that other civilizations have existed and have not made it through the particular eye of the needle that we’re trying to get through right now. It’s for that reason that everybody on Earth—all our resources on Earth—all our ingenious scientists, and humanists, and theologians should be working together to get our planet through something that other planets haven’t gotten through, rather than working at odds.

    Now, I don’t know what the weapons system looked like on these other planets, but this is what it looks like on our planet. The screen isn’t perfect here, but I have just a couple of key things to say about it. Each of the little icons has to be multiplied by five. The total arsenal on Earth is over 14,000 right now, so if this were representing each of the warheads you’d have to take this number and multiply it by five, it would go away beyond any piece of paper that could hold it—we can just multiply it in our minds.

    The key thing to know is that the United States and Russia together own 93% of all the missiles. Everything from about three o’clock around to about seven o’clock is owned by the United States, and everything from there up to one o’clock is owned by Russia. That little wedge you see between one and two o’clock are the other seven nuclear states. The other thing to know about that is that countries that we’re always hearing about are not on there. Iraq isn’t on there, because Iraq doesn’t have nuclear weapons. Iran isn’t on there, because Iran doesn’t have nuclear weapons. North Korea is on there, but it’s the country with the smallest arsenal. Some people put North Korea’s estimates as high as 60, but the most reliable estimates say that it’s 20 or fewer. Comparatively, the United States right now has over 6,000.

    It is a specific kind of architecture that is most to the credit (or discredit) of the United States and Russia, who have one third of their arsenals on hair trigger alert. Now, the next thing to know about is this particular physical architecture. Tonight I’m going to be talking about both the physical architecture of nuclear weapons, and the mental architecture that keeps that physical architecture in place, but for a few minutes I’m just going to be talking about the physical architecture.

    We’ve started with the simple fact that every weapon has two ends: the end from which it’s fired, and the end to which it does the injury. That’s true of a gun: there’s one person injured at this end, and there’s one person firing at this end. Sometimes things are slightly out of ratio, for example, if it’s a machine gun, there’s one person firing at this end, and there might be 50 people who are injured at this end.

    Nuclear weapons are extraordinary at both ends of the weapon, because there is a catastrophically high number of people who are being injured. And not just people, but plants, animals, birds, and bio-plankton in the oceans, that are being slaughtered by the weapon. The most recent estimates on nuclear winter say that if even a tiny fraction of the world arsenal is used, and the fraction that used is 1/100th of 1% of the total blast power that you saw pictured there, 44 million people will be casualties on the first afternoon, and 1 billion people will die within the first month. The level of injury is extraordinary. Now, the firing end of the weapon is also extraordinary, because it’s done by one person. We only think that in this country we came close with the Cuban missile crisis because that was the only crisis that was made public, but we know that Eisenhower twice considered using nuclear weapons—once in the Taiwan Strait in 1954 and once in Berlin in 1959. John Kennedy, according to Robert McNamara, three times—not once in Cuba, but three times—came within a hair’s breadth of all out nuclear war. Lyndon Johnson considered dropping a nuclear weapon in China in order to prevent it from getting a nuclear weapon. Nixon has said that he four times considered dropping a nuclear weapon. By “considered using a nuclear weapon”, he doesn’t mean just a stray thought that went through his mind. In Nixon’s case, he sent 18 B-52s loaded with nuclear weapons out over Russia, and back again. In his mind it was a feint—an exercise—but it could have led to utter disaster.

    I begin by stressing this because the language we use tends to underscore only the first fact—the fact that an extraordinary number of people are killed—and we need language like “Weapons of Mass Destruction” that registers the fact that there is this outrageous level of injury posed by these weapons.

    Yet we also have to look at the extraordinary, and almost equally obscene, fact that one person in our own country stands ready to launch the weapons. That’s of course true of Trump, but it’s also true of every president who’s been in the Nuclear Age. If we were to go back two slides to the chart, and if we took this whole thing as the weapon, were that whole arsenal to be used the Earth would be completely destroyed, and all creatures on it. How many people would be responsible for the launch? There are nine nuclear states, and so it would be close to nine individuals, but it might even go as high as 20 or 30 people in some cases. For example, in the UK, we know that the prime minister has a sealed envelope that tells their submarine captains—if they can’t reach them in a nuclear exchange—whether they should go ahead and obliterate Russia or not. So now maybe we have to not just count the Prime Minister, but also the submarine captain—but maybe 30 people. If you imagine that on another planet, and you imagine there were billions of people on that planet, wouldn’t you think the billions of people there could come up with something to get the 30 people to go into a room, sit them down, and say to them: “You’re not coming out until you figure out how to dismantle these things.” Something like that is what we probably need to do.

    The other reason I wanted to start by emphasizing the fact that a nuclear weapon, or any weapon, has both the end from which it’s fired, and the end to which it’s injured, is because the laws that address this, and that can help us get rid of these things, fall into two categories. This a slight overstatement, but I still think it’s true. By and large, international law addresses the injuring side of the weapon. International law, like the current ban on nuclear weapons that is being ratified country by country, is addressed to the humanitarian consequences of these weapons, and to the illegality, in terms of international law, of that kind of suffering. In 1995, when there was a case at the International Court of Justice where 78 countries went to the court to ask that nuclear weapons be declared illegal, the international legal rules that were used all addressed the suffering end of the weapon. For example, the Geneva protocols, The Hague, and the conventions against genocide were all things that said you’re not allowed to cause disproportionate suffering, or you’re not allowed to cause suffering that that passes over the boundaries of a country into a neutral country, or you’re not allowed to destroy the ozone layer, or you’re not allowed to destroy the environment. Those are all crucial international laws, and the Nuclear Age Peace Foundation has done an amazing thing by working to get states to support this international ban. California is the first, and so far the only state that has signed on in support of the ban and it’s got a crucial chance of doing some real good.

    The national laws, and the ones I’m going to speak about, address the other side of the weapon. They they address the agency side—the firing end of the weapon. They essentially prohibit the kind of arrangement that we currently have, which is a thermonuclear monarchy. It’s one person who was empowered to not just carry out a war, but to carry out acts of genocide without getting anyone else’s okay about it. It’s wholly illegal, and it’s wholly incompatible with our own Constitution—the two are mutually exclusive. Because they’re mutually exclusive, the Atomic Age, or the Nuclear Age, has just put the Constitution aside.

    As I talk about it, one thing to be aware of is that my basic point is that we need both international and national law converging on this problem, and that the together they may help us. You can’t walk up one side of a building, but if you’ve got two sides of a building, you can use them both to get up. There’s a real difference between the two in that the injuring end of the weapon has overt ethical content. We get it. You can’t have that kind of disgraceful injury caused to a foreign population. What could these people have done that would ever mean they had deserved such a thing?

    The other one—the Constitutional law—seals it; you can’t break these rules. Yet I’m going to try to ask you to understand that they have the same magnificent ingenuity. Centuries– actually Millennia—of thinking has gone into this thing called the “social contract”, that resulted in our own constitution and the constitutions of other countries. Whereas one seems to have overt ethical content, and the other seems procedural, in fact both of them have dramatic ethical content. The constitutional one even has one slight advantage, in that international law is something that US citizens have a hard time getting traction on—that they can state their support of it, but don’t directly have a claim for demanding that it be stopped right away. The national one is an actual prescriptive requirement; the laws are already in place that can be used to say these things are illegal. In other words, the one is more aspirational, the other is more prescriptive, and together they may be able to have the force of disabling these things.

    The US Constitution essentially says this: you cannot injure a foreign population unless you have gotten a huge portion of your own population to agree that this is something necessary to do. In other words, social contracts try to put brakes on the act of injuring other people, but they allow for us to override the brakes if people are really persuaded that it is necessary. But you have to persuade many people.

    Let’s say for example, that it’s the beginning of World War II. It’s often said of World War II that essentially the whole adult American population was involved, because there were people working in factories, and people monitoring the coastlines, etc. Today, the adult population is 250 million. We have one person who stands ready to do a nuclear launch that can massacre 44 million people on one afternoon, whereas when we had conventional weapons, it would have taken, today, 250 million people to do a much lower level of injury. Or even if we went back to a much earlier war, like the 17th century. In the 17th century, people estimate that maybe only 3% of the population was involved, but 3% of our population is 9 million people. There’s nothing like that kind of democratic consultation.

    What our constitution says is you don’t just injure another population, you don’t injure another population unless two things are in place. There are two provisions that are going to possibly sound mysterious to you, because in the whole Nuclear Age–for seven decades—they have been desecrated, tarnished, and misrepresented. The first break on going to war is the requirement for a Congressional declaration of war. I’ll come back and talk about that in a few minutes. The second break on war was the right to bear arms, which today we wildly misunderstand. What the Second Amendment said was, however much injuring power our country has, it has to be equally divided among every one of us. Each of us will oversee our own small portion of it and we’ll say yes or no on it. At the time of the founding of the Constitution—of course they talked only in terms of men, which was later changed—it was inclusive, as it had to be men of all ages. It had to be man of all wealth classes. It had to be man of all geographies in the United States. Otherwise it was it was deeply unfair. You couldn’t have just some people overseeing questions of going to war or not. I’ll come back and talk about this because I know that with the tremendous misunderstanding of the right to bear arms today, it’s hard to assimilate.

    I’m going to talk for a few minutes about the first one, the Constitutional requirement for a declaration of war, which is utterly incompatible with the present arrangements we’ve had for seven decades that allows one person to initiate nuclear war. I’m going to do that by contrasting the quality of deliberation that happens in Congressional deliberation, with the quality of non-deliberation that occurs when Presidents have deliberated whether to drop an atomic weapon. In making that description, I’m drawing on a study I made on the five cases where we’ve had a Congressional declaration of war. That’s the War of 1812, the 1846 Mexican-American War, the 1898 Spanish-American War, and WWI and WWII. There has not been a declaration of war since the invention of nuclear weapons–we’ve only had authorizations of force and things like that—because presidents think, as Nixon said, “I can go into the next room, pick up the telephone, and in 25 minutes, 70 million people will be dead. Why, if I have that power, do I have to get authorization merely to invade this or that country with conventional arms?”

    And I’m going to contrast that quality of deliberation with the kind of deliberation that occurred when Eisenhower considered dropping a bomb on the Taiwan Strait crisis in 1954, and again, with the kind of non-deliberation that occurred when he considered dropping a nuclear weapon in 1959. These are the differences among them: first, Congressional deliberation is visible to the public today with radio and television. We watch it or listen to it as it occurs, but before there was radio and television, the record of what had taken place in the debate would be immediately written up, published, and distributed.

    In contrast with presidential deliberation, Eisenhower’s papers were released only 30 years after he contemplated using nuclear weapons. That’s true of the other examples I gave you as well. There’s a big time lag. Did anybody consider using atomic weapons on 9/11, when Bush stopped at Offutt Air Force Base, which was the central nervous system of our nuclear retaliation against both states and terrorists? Were they thinking about atomic weapons?

    Well, we’ll only find out 30 years from now, and by then people will say, “Well, that was long ago, I guess we don’t need to worry about that.” So one of them is public immediately. The other is considered none of the citizenry’s business or responsibility. Second, in the Congressional declaration, there’s a set of sentences that everybody during the deliberation understands is the thing that they’re thinking about. It says, “Be it enacted, in Congress, but in the House and Senate assembled, that we hereby declare that we are at war.” That’s the set of sentences they’re agreeing on. There’s no clear statement of action in the presidential deliberations.

    In the congressional deliberations, there’s a conspicuously staged vote. After the deliberations, people are called on to walk to the microphone and say yes or no. We know, to this day, that Jeanette Rankin is the one person who voted against going to war against Japan and against Germany, just as we know all the yes votes in that case. There’s a fixing of responsibility—there’s a taking of responsibility, and a vote. There’s no vote in the case of the Presidential deliberation. In the Congress, people consider themselves equal, and so they’re willing to fight with each other, and they may have the most noble of reasons. They want to get to the truth, they want to say what they think on the issue, or maybe they just want to show off. But even if they just want to show off, it gives them a motive for testing and contesting what the side that wants to go to war is saying. In the Presidential deliberation, the participants consider themselves subordinate to the president, and they don’t say anything.

    This leads to the most important difference between them—that’s the final item there—that in the Congress there’s constant testing, and contesting, and dissent. Because Congress hasn’t enacted so nobly in recent years you might find this hard to believe, but when you read the Congressional deliberations of the past, there’s a lot to be admired in the quality of deliberation. I can go into it in more detail later if you wish. In the Presidential deliberation, there is no dissent whatsoever.

    In order to bring that point home, I’ll give you the thing that is the closest to an act of dissent. In 1954, in the Taiwan Straits crisis, the Secretary of the Treasury named Humphrey says to Eisenhower, “Aren’t we going to have a hard time explaining to the American people why islands with names they’ve never even heard of, like Quemoy and Mazu, were so important that we dropped an atomic weapon?” Eisenhower reprimands and he says, “Amir, look at the maps on the wall. We’ll convince you of the strategic importance of these islands.” End of dissent. Humphrey doesn’t say anything more; no one else sitting at the table says anything more. Furthermore, two months earlier when this debate was originally going on, Eisenhower himself had said, you know, I might have a hard time convincing the American people why islands with names they’ve never heard of were important enough that I used an atomic weapon. Essentially, Humphrey had just done his homework and read the previous notes, and probably thought he was agreeing with the President. Whether we should call it an act of dissent is unclear, but for sure there was no follow up.

    In 1954, Eisenhower said that he thought he would be impeached if he dropped a nuclear weapon, but that he was willing to be impeached. He was willing to do his duty and drop the atomic weapon even though he’d be impeached. Why did he think he’d be impeached? Because he knew that the Constitution requires a Congressional Declaration of War. By 1959, e had kind of decided that if he just included a couple of Congressmen at the table, maybe that will kind of count as a Congressional participation in declaration. There was a Senator there named Senator Fulbright, a name many of you will know. At a certain point, Senator Fulbright says, “I just want to make sure I understand what’s being said here. Are we saying that the GDR, or East Germany, might take out the roadways in West Berlin, and that we might, for example, begin to repair the road? Then, that maybe a soldier on the East German sidewall shoot a rifle at the repairman—and then we’ll drop an atomic bomb?” Eisenhower said, “Well, we’re not exactly sure of the steps that will lead to the dropping of the atomic bomb.” He doesn’t say, “Senator Fulbright, you’ve lost your mind, what a ridiculous scenario!” He accepts it and the discussion proceeds, and yet again, there’s no additional dissent.

    This idea that the President acts without being tested, and without there being a kind of evaluation and rigor in trying to understand if what is being really does warrant so terrible an injury, has led, in the Nuclear Age, to even the celebration of presidents for being incomprehensible. For example, according to Arthur Schlesinger, Roosevelt came to be celebrated for the feature of inscrutability. Now we have somebody who’s able to drop an atomic weapon, and we are even okay with the fact that we don’t have a clue why he’s doing what he’s doing. He’s inscrutable—that’s the way thermonuclear monarchs are.

    If you think of George Bush (the younger George Bush) when he was President, you might remember the moment when he said, “I’m the commander. See, I don’t need to explain. I do not need to explain why I say things.” That’s also why, when constitutions were being written, they considered, “Should we give the power to declare war to the president?” They decided no. “Should we give it to the Senate?” They decided no. They decided to give it to the biggest governing body there was—today that would be roughly 535 people—because it meant that you had the greatest participation and deliberation.

    When we go to the right to bear arms, just as a moment ago I said that the Constitutional Convention wanted the largest possible body, when the Constitution went out for ratification, the States said, “Wait a minute, there’s something missing from the constitution.” That was the thing we call the Bill of Rights—the first 10 Amendments—and one of the most important was the right to bear arms. The idea of the right to bear arms is that, on a theoretical level from the point of view of social contract theory, it introduces many intervening layers of possibly resistant humanity. In other words, the Congress can declare war, but only if people agree to fight. Will there actually be a conventional war? Only if people agree to fight—is the declaration actually going to be carried out? It’s essentially a distributive amendment that gives to all of us oversight on whether we do indeed want to go to war, and it means that the arguments by of what this other country has done have to be convincing. We’re not just going to go in and slaughter people in Iran, or slaughter people in North Korea,  and not even be given an argument about what on Earth people think they’ve done to deserve that. Not with the leaders have done, but what the people have done, because it’s the people who are going to be slaughtered by it.

    Do soldiers dissent? Yes, soldiers do dissent, and wars are only fought when soldiers agree to go. There are many examples of this; Vietnam of course is a famous example. As late as 1971 there were 33,000 Vietnam war soldiers who had deserted. In the Iraq war in 2004, 2,300 soldiers deserted. By two years later, within the first six months, that number was doubled, and the Department of Defense took down the figures from their website. There are many other examples, for example, the Civil War. We now know that the north won, because 250,000 soldiers on the Southern side deserted. James C. Scott talks about that in his book, Weapons of the Weak, and a wonderful Civil War historian, a woman named Ella Lonn, writing in the 1920s, documents this. Robert E. Lee wrote dispatches saying “50 more soldiers deserted! 20 more soldiers deserted! I look behind me, and there was no one there.” The soldiers said no, and we don’t usually hear about this. We don’t hear about the fact that at the end of WWI, Churchill wanted to get soldiers to go with him into Russia to stand with the Whites against the Reds, but the soldiers wouldn’t let him. Churchill writes to Lloyd George, “I wanted to go into Russia, but the soldiers wouldn’t let me.” There were soldiers strikes all over England, and also in Canada and India to a lesser extent, and again, the soldiers acted as a break. They said enough, we’re not doing additional things.

    When I first started working on this, I wrote and published on it in a University of Pennsylvania law review. I happened to be at a research center in Berlin in 1989 or 1990, which is the year the Wall came down, and I gave a lecture about this. Of my colleagues listening to the lecture, some of whom were German, some were Americans, and some were from other countries, all of them wanted to argue that soldiers just blindly obey and blindly follow what they’re told to do. Just that year, a few months later when the Wall opened, East German soldiers, which until that point had been seen as the most disciplined army in Europe, went from 180,000 to 90,000 by desertion in six months. In the Ceausescu regime in Romania, it was soldiers brought down the regime. In Lithuania, 2000 soldiers were ordered to fire on their own populations, and they not only refused to do it, but they went into the Parliament and signed their names as saying they wouldn’t do it. It simply is not the case that soldiers blindly obey. They don’t. They think about whether the thing for which they’re being asked to fight for is really worth fighting for, and they dissent when they have to.

    It is an idea that of course is supported by militarists; Maribou in the French Revolution said you can’t have an aristocratic elite who has weapons, and the population doesn’t have weapons—that’s not fair. It’s also something that is supported by pacifists; Gandhi said of all the evil deeds committed by England against India, the worst was the disarming of the population. Give us back our arms, and we’ll tell you whether we’re going to use them or not. Gandhi’s desire was that they not be used, because he was a pacifist. He had served in the military as a young man, but he of course became a great pacifist. But his point was, you don’t even have the power to demand a pacific outcome if you’ve given up all your military rights.

    Everybody in this country right now has been deprived of their military rights. Not only have we lost the capacity for self-defense, because I don’t think anyone here thinks you can defend yourself against an incoming missile, nor can you exercise mutual aid by helping one another. The right of self-defense is the right that underlies every other right. The reason we want to have freedom of speech—there are many reasons to want freedom of speech—but the first and foremost is that it increases my ability to defend myself. I want a fair trial for many reasons, but it enables me to defend myself. We want a fair press for many reasons, but the main reason is it enables me to defend myself. So if we’ve lost the right of self-defense, that’s a big right.

    Civic stature in the United States has always followed from military stature. The 15th amendment gave blacks the right to vote primarily on the basis that 180,000 blacks had served in the Civil War, and having served militarily they had to be given the right to vote as well. The 19th Amendment gave the right to vote to women, and in suffrage pageants and plays the argument was made that women can defend themselves, and they can help defend the country. It was not as clear and tight and argument as in the case of African Americans, but it was still a very prominent thing that you can see in suffrage pageants. The 26th amendment lower the voting age from 21 to 18. What was the basis for it? The basis was that 18 year olds had served in Vietnam, and 18 year olds had argued on college campuses about the rightness or wrongness of Vietnam, and they had therefore—and I’m using Congressional language, this isn’t my language—earned for themselves and all subsequent generations the right to vote at a younger age. Civic stature follows very directly from military stature.

    Now with either of these two Constitutional rules, if I had more time I would try and convince you that these are great inventions. They’re ingenious, they should be honored and should be brought back. They’ve both been trashed in the Nuclear Age, so that we just look on them as nearly laughably empty assertions, or in the case of the right to bear arms, kind of wildly dangerous things that let people shoot school children, which is about as far from the meaning of the right to bear arms as could be. Each of them is hugely important and ingenious, but together they’re even better because they provide a double break. It means you have to get through the break of Congress, which is hard, and then you also have to get through the break of the population, and actually get them to agree to serve if they’re drafted or called upon to serve. They’re crucial because these things are so fundamental to the social contract, quite apart from the local example of the United States.

    By the way, I don’t want to minimize the importance of the US Constitution. Thomas Paine once said that the US Constitution is to human rights or democracy what an alphabet is to language. The US Constitution had the basic building blocks of what democracy is, and the two provisions we’ve just been talking about were, for centuries, seen as the most important ones. For example, Justice Story, one of our great Justices from the 19th Century, said the Constitutional requirement for a Congressional declaration of war is the cornerstone of the constitution; it’s what Congress is there to do. It does all of this other stuff, but it’s main thing is to safeguard our entry into wars. The same goes with the right to bear arms, that was repeatedly referred to as the Palladium of Liberty, but is now something very far from that.

    Because this is such an essential part of what our social contract is, it’s not surprising that these same provisions show up in the constitutions of other states. I read through the constitutions of the other nuclear states, and in the French constitution, Article 35 says to go to war you have to have Parliament’s authorization to go to war. In the Indian Constitution, Article 246 says it’s up to the Parliament to oversee matters of the country’s defense. The Russian Federation says that the leader of the country can act to defend the country up to its own borders if it’s been invaded, but if it’s going to go one step over the border, if it’s going to begin to hurt someone outside its borders, it has to have the authorization of the body that is the equivalent of our Senate. Amazingly, the Russian Federation even has a constitutional provision that looks a lot to me like the right to bear arms. What it says is, if Russia goes to war, every adult citizen of Russia is responsible for helping to defend the country. That’s also what the meaning of the right to bear arms was.

    Just so you know that these things have practical consequences, you may know that right now there are two bills in Congress, the Markey-Lieu Bill and the Warren-Smith Bill, that say this Presidential first-use of nuclear weapons has to be dismantled. Many people in the United States think that these weapons are for defense. No, during the whole Nuclear Age, we have had a Presidential first-use policy, while some of the other nuclear states do not. These are two bills that try to dismantle Presidential first use, and they do it on a Constitutional basis that it’s Congress who has to oversee our entry into war. This is something that any of us can work on very directly. For example, right now the Markey-Lieu Bill has 13 co-sponsors in the Senate, 55 cosponsors in the House.

    In my own state of Massachusetts, although both Senators are cosponsors, only two of the state’s nine representatives in the House have so-far co-sponsored it. In your state, California, only one of the two California’s Senators have co-sponsored it, and only 18 (I say “only” now—actually California has the highest number of representatives of any state cosponsoring it, but still you have a long way to go) of California’s 53, representatives have done it.

    That’s all to talk about the physical architecture of nuclear weapons, this gigantic architecture of weapons that are in place and ready to go. They are utterly incompatible with the constitution—they’re mutually exclusive—so we just got rid of the Constitution. They are utterly incompatible with the single most important role of the congress, so we just got rid of Congress, and it’s utterly incompatible with the citizenry, so we just got rid of the citizenry. That is, we no longer want to have a draft where people are called on to serve and give their opinion about what they think of the war. There was a little bit too much opinion-giving among all the people about Vietnam, so we just closed that down. Now we’ll use drones and weapons that can go right from what the President thinks to an assassination, illegal by international law. But I want to go on now and talk about the silence of the citizenry, and the mental architecture that keeps the physical architecture in place.

    I think that there are basically six answers. There are probably a lot of other answers, but here are six. Maybe one of them will strike you, and when you talk to relatives, or siblings, or colleagues about trying to enlist their help in this, it might be that one of these will be the thing that you have to approach. One of the things is that in general, the public isn’t given much information. If you ask people in the United States, “who has nuclear weapons?”, many people get the list of countries wildly wrong. Some people even think the United States doesn’t have weapons! I think the average that’s given by most people in the United States is something like 200 rather than in the thousands. The New York Times, that didn’t used to pay attention to our own weapons, but fortunately has begun to do so, recently asked the question of how many of our nuclear weapons would be needed to decimate Libya. Then they asked how many would be needed to decimate Syria, then Iraq, then Iran, then North Korea, then Russia, then China.

    They then went to how many would be leftover? 70% of the arsenal, after we massacred a quarter of the population (they use the word “decimate”, which would seem to be one in 10, but they specifically meant that it was a quarter of the population), this is how many would be leftover. Of course, this just stands for hundreds and hundreds of pieces of information that the public isn’t given—it simply isn’t talked about.

    Another big one is people in the United States think that we kind of have weapons, and we kind of have enemies, but they’re just kind of loosely connected. No, that’s completely wrong. The weapons are assigned to the cities—weapon by weapon, city by city—they are assigned. In fact until the Clinton administration, when nuclear missiles were loaded onto Ohio class submarines— I should stop and say that we have 14 Ohio class submarines, each of which carries the equivalent of 4,000 Hiroshima bombs. Each can destroy a continent single-handedly. There are only seven continents on Earth; we have 14 Ohio class submarines and we’re making 12 new ones right now. When the missiles were loaded onto nuclear submarines, it used to be that the longitude and latitude was already programmed into the nuclear weapon. During the Clinton administration, they got worried because they were afraid that a hacker would be able to launch it, and it would go to whatever city it was designated for. So they changed the longitude and latitude to open ocean targeting—someplace where they hoped nobody would be. This is an amazing fact. This change was made not because all of us demanded that they stopped putting the line of longitude and latitude of actual cities in. It was not because the Congress did, and not because the Supreme Court did, but because of the fear of hackers. I’m afraid of hackers too, but I have to say that in this case, the hackers brought about a good result. I read Cheney’s autobiography, and he said that when he was Vice President he would hear these references to these missiles being assigned, and so he asked his people, “How many warheads are going to hit Kiev?”—just taking Kiev as an example. It was a difficult question to answer, because I don’t think anybody had ever asked it before. But finally he got a report back that said under the current targeting plan, we had literally dozens of warheads targeted on this single city. That is just indicative of the situation that we’ve had.

    I want to go to the next, item on our list of possible reasons: the false justification of deterrence, where too many people in the United States accept the argument that nuclear weapons somehow keep us safer because they deter nuclear war. It would seem that the fastest way to avoid nuclear war would be to eliminate all nuclear weapons worldwide, but instead we’re given this argument that actually, the way you avoid nuclear war is to have nuclear weapons.

    If this were really true, then it would be a reason why every country should get nuclear weapons. Certainly, it’s why North Korea thinks that it has to have nuclear weapons to try and deter the United States from firing them. The illogic of this kind of the falsity of the deterrence theory just stands for the fact that people are made to believe that this would defend us. If I had more time, I would explain to you, and you could probably explain to me all the ways in which the idea that these could defend us is falsely given. But I’ll just stay for now with deterrence. If we go to the next slide, this is a statement made by General Lee Butler, who was Commander in Chief of the US Strategic Command of Nuclear Weapons. If you read his account of deterrence, he says, “The nuclear priesthood extolled its virtues and bowed to its demands,” and then if you skip to the last sentence, “it was premised on a litany of unwarranted assumptions, unprovable assertions, and logical contradictions.” That’s from somebody who had complete control of the nuclear arsenal saying, “Please, we should get down on our knees and weep for the horror of this thing we’ve created that has this deeply false justification of deterrence at the center of it.”

    I think the third thing that keeps people from doing anything is the belief that what is future is unreal. So people think that that it’s somehow, possibly sometime in the future this could happen, but there will be time to intervene, and they confuse this fact of his being future with being unreal. But here’s the reality of the situation. If it takes 10,000 steps to put a nuclear arsenal into place (obviously it takes many more than 10,000, but let me just say 10,000), it takes 10,000 steps to put a nuclear arsenal into place. 9,999 of them have been done. They are in place. They are present tense. There’s only one step left that hasn’t been done. And that’s the launch. So people have to understand that the 9,999 steps are present tense right now, and that only the last step is future. We know that that last step takes a matter of about 10 minutes, so there isn’t time, of course, to intervene later on. Interestingly, people who believe this are kind of aligning themselves, unknowingly, with our own Department of State and Department of Defense in that 1995 International Court of Justice case that I alluded to earlier, when all these countries went and asked the court to declare these things illegal. The litigants had mentioned Geneva protocols, St. Petersburg, the Hague, Genocide Convention, Ozone protection, etc., etc.

    We went systematically through every one of those, and showed why those things did not make our nuclear weapons illegal. They did not make our weapons illegal, they did not make our use of weapons illegal, they did not make our use of the weapons first illegal, did not make our threat of the use of them illegal. They had specific arguments for each of those international protocols, but the one they used over and over again was: it’s all in the future, therefore it’s unreal. Therefore, it’s just speculation, despite the fact that they’re spending billions of dollars to keep it in a present-tense state of readiness.

    I thought I would put in here some way in which we can grasp the present-tense reality of this invisible architecture that we can’t see. That is the infrastructure of our own country that has been deteriorating because all our money is being spent on weapons. The American Society of Civil Engineers has reviewed our bridges and given them the grade of C-plus (this is on their website, you can look at it). This is not an impressionistic grade. They actually enumerate the total number of bridges, which is 614,000 bridges, and they say that 188 million trips are made across structurally deficient bridges every day. This is the highest grade (the C-plus), and they give our roads a D. They say that one out of every five miles of highway pavement is dangerously deteriorated, with potholes and so forth, in a way that is increasing accidents. They give our transit a D-minus, and our levies a D. Again, these are not impressionistic grades. They give all the facts and figures and they give the amount of money that’s going to have to be spent to reclaim these things.

    Now we will go onto the fourth argument: the difficulty of imagining other people’s pain. I think that this is one of the reasons to why if our fellow citizens see something about the Nuclear Age Peace Foundation, they may not get why that might matter. By the way, sometimes people say, “Well, you know, this has been an issue that’s been around for a long time. We’ve been hearing about this for decades.” When you hear that argument, here’s an analogy: imagine somebody in 1860 saying that the reason that they didn’t care about abolishing slavery was because they’d been hearing about this since 1820, and they thought it was a stale subject. We will never give people in the past a pass for not attending to something like that because they thought it was a stale subject.

    Anyway, onto this subject—the difficulty of imagining other people’s pain. Here, I think a statement by a very wonderful physician named Hugh McDermott, who was a physician of public health at Cornell medical school, is fitting. He pointed out the difference between narrative compassion and statistical compassion. Narrative compassion is something that asks us to care about and understand what’s happening to one person or two people or three people, and he says, we could be better at it, but we’re pretty good at it and we get practice at it all the time. We’re listening to stories by our siblings, we’re listening to our neighbors, and we’re reading literature that asks us to have narrative compassion. He contrasts this with statistical compassion, at which we’re horrible. We’re incapable of statistical compassion. Furthermore, we don’t get any practice. We don’t do anything to help ourselves begin to get hold of what it means to be responsible to millions of people to whom we’re responsible in political life. What does it mean to have these people of a foreign state talked about so blithely as recipients of our nuclear weapons, or what does it mean to just shrug when you hear that 44 million people will be killed on the first afternoon if one 100th of 1% of our current arsenal is used? Well, it means that people have just kind of searched their heart and soul, and they look inside and say, “Nope, nothing in there of statistical compassion.”

    I think that one place to start would be just understanding what happened in Nagasaki and Hiroshima. In this country, we actually haven’t begun to come to terms with what happened in Hiroshima and Nagasaki. With a colleague of mine, Joseph Gerson of the American Friends Service Committee, we together decided to do an exhibit at one of the libraries in the town where I live, Cambridge, Massachusetts. And this library very kindly agreed to let us dedicate a month to an exhibit, with books and pictures. We also had films and we had a lecture each week. We put up the exhibit the first night, and by the next morning when we came in, any photograph that showed injury had been taken down. Now on one level I understand this, because people coming into the public library aren’t prepared for seeing something like that. But even in cases where people are prepared, they’re not allowed to see it. For example, in 1994, the Smithsonian was going to have an exhibit on Hiroshima and Nagasaki, and it caused such controversy that they had to cancel it, and the only thing they allowed to be exhibited was the Enola Gay—the airplane that delivered the bomb. I think that one reason why people from Japan—not just people who were there and suffered, but generations of people in Japan—are much more alert to this is because they are educated about the situation. For example, there was one march in New York where I and other people tried for about three months to get people from the Cambridge/Boston area to go to New York, and we got about a hundred people to go to the march in New York. That morning, 1,000 people arrived from Japan, and their trips had been paid for by 6 million people who signed the petition that they delivered.

    If you’ve been to Hiroshima and Nagasaki, and have been to one of the atomic bomb museums, you almost certainly would find yourself among school children. They take in a lot of things that are hard to take in, and this next slide is just one example of what they’re asked to look at, which is the burns of people, who did survive. It might be one place to start in exercising our capacity for statistical compassion.

    The fifth reason that I think people are not attentive to this. That is the population’s false belief that once nuclear weapons are made, they can’t be unmade. This is so untrue. They’re easy to unmake. I don’t mean there aren’t problems, of course is an incredible problem of where to store all the fuel, and so forth. But in terms of disarming them, it’s the simplest thing in the world. Compare it to global warming, where we all agree things need to be done, but it’s hard to get a hold of what the solutions are. This one’s very easy. There was a study done in Scotland, by someone named John Ainslee, that looked at the amount of time it would take take to completely dismantle the UK’s nuclear arsenal. Some parts of it would take hours—that is dismantling the nuclear triggers. Other parts would take a matter of days, such as the weapons deployed at sea to come into port. Other parts would take longer, but the whole thing could be done in two to four years. Now our arsenal is much, much huger and would take longer, but still it would be a finite amount of time.

    Another piece of evidence that we have that it is possible to have a world without nuclear weapons is shown by the whole Southern hemisphere, which is blanketed by nuclear weapons free zones brought about by the Treaty of Tlatelolco, the Treaty of Pelindaba, the Treaty of Bangkok, the Treaty of Rarotonga, and so forth. This next slide shows the nuclear states in red, and the nuclear free weapons treaty signers in blue. When you see that nuclear weapons are a North-South architecture; the North has nuclear weapons and the South has the freedom from nuclear weapons.

    If we go to the last reason, Circularity, as I said before Constitutions and nuclear weapons are mutually exclusive. Right now we’ve taken away the Constitutional provisions. Congress and nuclear weapons are incompatible, so we’ve taken away Congress’s single most important job of overseeing our entry into war. Citizenry and nuclear weapons are incompatible, so we’ve infantilized our whole citizenry by telling them that they should just turn on the TV if they want to find out if we’re at war. But it also means that if we bring back Constitutions, you can only do it by getting rid of nuclear weapons. If you bring back Congress, you can only do it by getting rid of nuclear weapons because they’re mutually exclusive. And if you bring back the citizenry, you’ll get rid of nuclear weapons. And yet in the time when these things were gotten rid of, they’ve been diminished in our eyes. They’ve been sullied in our eyes. We think of the citizenry as not much use. We think of Congress as a bunch of overtalking fools—there are many books on how Congress is dead, or dying or something like that. And we think of Constitutions as just a piece of paper, because that’s the result of the Nuclear Age. That’s what it means to destroy a Constitution, and a citizenry, and Congress. And we have to take it on trust that when those things come back, the scale of their power will be visible to us once more. But I just refer this as the Circularity Problem. The fact that the very things that would save us, by being eliminated, now look kind of pathetic, and therefore we don’t see that they have tremendous power to do the work. If we see our actions, not just in terms of our own planet, but in terms of the universe—a universe it appears that has never gotten through the problem that we’re now facing—and if we see that we can use Constitutional tools in their international covenants, we can see that these legal documents actually have some of the technicolor beauty of the galaxies themselves.

    Thank you.


    For more information on the Frank K. Kelly Lecture on Humanity’s Future, including links to prior years’ lectures, click here.

  • Presidential First Use: Introduction

    This article is part of a series from the November 2017 Harvard University conference entitled “Presidential First Use: Is it legal? Is it constitutional? Is it just?” To access all of the transcripts from this conference, click here.

    This article was originally published by The Nation.

    Among the things we know about nuclear weapons, two features are our focus today.

    The first is the spectacular level of injury that nuclear weapons can inflict on the earth and all its inhabitants, human, animal, and plants. On our ground and on our sky.

    Recent work on nuclear winter shows that if even a tiny fraction of the worldwide current arsenal is used—not 1 percent but 3/100th of 1 percent of the total blast power—20 million people will die on the first afternoon and 1 billion in the first months. That research, by scientist Alan Robock, has appeared in leading science journals.

    It is for this reason that the International Committee of the Red Cross has said that, if even a single city is hit, its worldwide resources will not be sufficient to help.

    Every study reaches the same conclusion. Even if the weapon should be still smaller—reduced so that it is 3/10,000 of 1 percent of the total nuclear blast power available today, the injuries will be beyond our reach. A study in the Netherlands showed that a single small nuclear weapon arriving in Rotterdam will kill 70,000 people. Ten thousand survivors will be severely burned. Yet in all of Netherlands there are only 100 burn beds. If the discrepancy between the number burned and the number of treatment beds seems uncivilized, recognize that Mass General, a leading hospital in Boston, has seven burn beds.

    As the size of the weapon increases, so too do the injuries. According to a report by Steven Starr, Lynn Eden and Ted Postol in the Bulletin of the Atomic Scientists, if an 800-kiloton weapon should be detonated above Manhattan, the center of the blast will be four times the temperature of the sun and within “tens of minutes,” a firestorm will cover 90 to 150 square miles.

    So the first feature is the unconscionable level of injury, injuries that cannot be repaired. Only injuries that have not yet happened can be undone. Once they have happened it is too late to be indignant.

    Even more central to our discussion: The second feature of the nuclear arsenal is that this capacity for unthinkable levels of injury resides in the hands of a solitary person, or a small handful of persons, in the United States as well as in the other nuclear states. Nuclear weapons strategy in the United States is designed around “presidential first use,” an arrangement that enables one man, the president, to kill and maim many millions of people in a single afternoon.

    The key features of nuclear architecture are, then, this unthinkably magnified level of injury at one end of the weapon and at the other end of the weapon, an unthinkably small number of men who determine our collective fate and the fate of the planet.

    What remains to be seen is whether the people of our own country—and more generally the people of the earth—will permit these weapons and these arrangements for presidential first use to remain in place.

    And then there is a second key question: If the people of this country do not wish these arrangements to remain in place, are there legal and constitutional tools that can help dismantle those arrangements?

    It will be helpful to keep in mind that the nuclear architecture is a physical architecture, but the physical architecture is accompanied by a mental architecture and it is this mental architecture that keeps the physical architecture in place.

    Let me say a few words about each.

    As for the physical architecture, we can see from this chart that 93 percent of the world’s total arsenal is possessed by the United States and Russia. The small wedge at one o’clock is the portion of the arsenal owned by the other seven nuclear states. North Korea has, by the most accurate estimates, fissile material for fewer than 20 warheads. (Here and there estimates have come in as high as 60 warheads, but Hans Kristensen at the Federation of American Scientists—over time the single most reliable voice on weapons count—judges 20 or fewer to be still the best estimate.)

    The legend on the chart tells us that each icon represents five warheads. To get an accurate picture of the world arsenal, we need to multiply the field of icons fivefold.

    In attempting to comprehend the vast scale of the United States arsenal, we are assisted by The New York Times, which recently provided a compelling set of graphics. It calculated what portion of the US stockpile would be needed to “decimate” Libya, what portion to “decimate” North Korea, what portion to “decimate” Syria, Iraq, Iran, China, Russia, and then showed how many weapons would be left over after we had killed one-fourth of the population in those seven countries. Their answer: Seventy percent of the US arsenal would remain.

    It takes thousands of painstaking small steps to put a physical arsenal into place, and 99 percent of those steps have already been completed. We’re not waiting for something to start; we’re very late, as the Bulletin of the Atomic Scientists’s 2 ½-minutes-to-midnight tells us. Only the last of the thousand steps—the launch itself—remains.

    For example, specific cities all over the world have specific targets assigned to them. Weapons are assigned not just to our opponents but to our potential opponents, and even to our non-opponents. During the most-recent Bush administration, Vice President Cheney became curious about how many are assigned to each city: “Tell me, I said to the planners, how many warheads are going to hit Kiev under the current plan. It was a difficult question to get an answer to because I don’t think anybody had ever asked it before, but I finally got a report back that under the current targeting plan, we had literally dozens of warheads targeted on this single city.”

    Until the Clinton administration, the longitude and latitude of those cities were programed into the missiles before they were loaded into the Ohio-class submarines. Out of fear that a hacker would initiate a launch, this practice was changed so that instead of the geographical coordinates of cities, the longitude and latitude of uninhabited regions of ocean were programed into the missiles. It is noteworthy that this ethical change was brought about not by the application of moral reasoning—not by the demands of the citizenry or councils of government—but by the very real possibility of a hacker. Throughout this enlightened shift to open-ocean targeting, what never changed was the assignment of specified weapons to specified cities.

    What about the mental architecture that has kept this physical architecture in place?

    The mental architecture requires first and foremost that little information be given to the citizenry. In turn, attempts of the citizenry to protest can be silenced by pointing out that they are speaking without knowledge or information. This blackout of information imperils citizenship in the same way that in earlier centuries depriving people of the art of reading and writing imperiled citizenship. It has acted as a firm piece of social control.

    Many Americans believe that our nuclear weapons will be used only in response to a nuclear attack by another country. Nothing could be further from the truth. We have had first-use arrangements and a first-use policy throughout the 70 years of the nuclear age.

    Most Americans believe that the only time following Hiroshima and Nagasaki that the United States came close to launching a nuclear weapon was during the Cuban missile crisis.

    We now know that Eisenhower twice considered using an atomic weapon in the Taiwan Straits in 1954 and again in Berlin in 1959; that the Kennedy administration, according to Robert McNamara, three times came within “a hair’s breadth” of war with Russia; that Lyndon Johnson considered using a nuclear weapon against China to prevent that country from getting a bomb; and that Nixon, by his own account, four times contemplated using a nuclear weapon. The record stops there because only after a 30-year-time-lag when presidential papers are released do we learn what our leaders planned.

    Our current president, President Trump, is for many of us in the country and for many people throughout the world a particularly reckless figure. Yet the presidential first-use structure is catastrophic even in the hands of the best of men. Yes, it is wildly dangerous if someone is openly reckless and irrational; but it continues to be fatal even in the hands of those who are nominally rational because it is itself a deeply irrational and reckless architecture.

    One great silencer against questions or complaints has been deterrence, an incoherent doctrine whereby nuclear war is best prevented not by ceasing to have, but by having nuclear weapons.

    Gen. Lee Butler, commander in chief of the US Strategic Command from 1992 to 1994, punctures the concept of deterrence most succinctly, deploring the way over decades “the nuclear priesthood extolled its virtues and bowed to its demands”:

    Appropriated from the lexicon of conventional warfare, this simple prescription for adequate military preparation thus became in the nuclear age a formula for unmitigated catastrophe … it was premised on a litany of unwarranted assumptions, unprovable assertions, and logical contradictions.

    A third feature of this disabling mental architecture is the erroneous belief that nuclear weapons cannot be unmade. Assurance that they can be unmade comes from many quarters. The entire Southern Hemisphere is blanketed with nuclear-weapons-free treaties: the Treaty of Pelindaba, Treaty of Tlatelolco, Treaty of Bangkok, Treaty of Rarotonga. The nuclear architecture takes place across a north-south divide; nuclear states reside only in the Northern Hemisphere. A study made in Scotland of the timetable for eliminating the United Kingdom’s nuclear arsenal by John Ainslie—a timetable judged reasonable by leading military experts in our own country such as former missile-launch officer Bruce Blair—shows the simple and straightforward steps that can be followed (some completed in hours, others requiring several years). Compared to the problem of global warming, the steps for dismantling nuclear weapons are straightforward and eminently doable.

    Is the question that we are asking today—about the legality, constitutionality, or justness of presidential first use—a narrow question (as some people have said to me)?

    Or is it instead, as I believe, a question whose answer is profound and deep and has the potential to strike a fatal blow to the nuclear architecture?

  • Keeping Faith with the Future by Elaine Scarry

    This is the transcript of a talk given by Elaine Scarry at the Nuclear Age Peace Foundation’s symposium “The Fierce Urgency of Nuclear Zero: Changing the Discourse” on October 25, 2016. The audio of this talk is available here. For more information about the symposium, click here.

    scarry

    Well, like all of you, I’m exhilarated and honored to be here. And my own emphasis is on the fact that key features of democracy are absolutely incompatible with nuclear weapons. The result of that is that during the nuclear age, these key features of democracy have simply been allowed to atrophy. In fact, they’ve come to seem ridiculous. But the good news is that were we to bring those key features of democracy back, we would be able to eliminate nuclear weapons, because they are mutually exclusive. And if you’re going to have these back in place, you can’t have the nuclear weapons.

    So, we know that nuclear weapons cause profound injury to every living creature on earth and to the surface of the earth itself. As we heard yesterday, the new research on nuclear winter shows that if a tiny fraction of the current arsenal, not 1% but one one-hundredth of 1% is used, 44 million people will die on the first afternoon and 1 billion people will die in the first month. But in addition to that incredible physical injury, there is also, even before the weapons are used, a profound civic injury. Nuclear weapons have eliminated the right of self-defense. The right of self-defense isn’t just one right among many rights. It’s the right that underlies our constitution of any government, and it’s a right underlying many of our other rights.

    For example, the right of free speech gives us many things. But one thing that it does is enhance our ability to defend ourselves. Nuclear weapons, of course, do not allow anybody in this country or any other country, with the possible exception of Switzerland that has an elaborate shelter system, to defend itself in any way. The second thing that we’ve really lost is the right of mutual aid. Any study of cities, even, for example, a recent study by Suzy Schneider and her colleague in the Netherlands showing what would happen if Rotterdam were hit with a Hiroshima-size bomb. It shows that the number of injuries is much greater than anyone can repair.

    For example, they would expect 10,000 severe burn injuries just among survivors, and the Netherlands only has 100 burn beds. I first thought that was shockingly low. Mass General, which is a major hospital in Boston, has seven burn beds. So, there’s no resources for dealing with any kind of use of a nuclear weapon. As the Red Cross has said, “If even one city is hit, their worldwide resources can’t deal with it.” And the loss of mutual aid, I mean, that’s our… The texture, that’s the fabric of our relations with one another, knowing we could help one another, and that is gone.

    As we know, the huge architecture, which is a genocidal architecture, it has no other purpose but this act of massacre, 90% of it, over 90% has been put in place by Russia and the United States. This is a chart made by a committee in Nagasaki. All the icons from the black-out on your left are Russia; all the icons on the black-out on your right are the United States. And as the legend tells you, you have to take each icon and multiply it by five, because there was no way of representing the actual numerical catastrophe that is there. And of course, this is the bulletin clock at the center of their graph, showing that it’s three minutes to midnight.

    Now, the purpose of international law and national law is, of course, to prevent such injuries. But if people have lost the right of self defense, they’ve also lost the voice to make themselves heard. And just a quick reminder of that is the 1995 International Court of Justice case, in which 78 countries asked that nuclear weapons be declared illegal. And that included Islamic countries such as Qatar, and it included countries that didn’t yet have nuclear weapons, such as North Korea and India, both of whom said, “If you don’t declare them illegal, we have to get them.” And those countries called on all kinds of international protocols.

    In our own country, in a joint statement of the Department of Defense and Department of State, as you probably know, argued that having nuclear weapons, threatening to use nuclear weapons, using nuclear weapons, and using nuclear weapons first does not violate the Geneva protocols, St. Petersburg, the Hague Conventions, the conventions against genocide. Yes, millions of people will die, but the intention, they argued, would not be to eliminate a religious or an ethnic group. It did not violate the conventions on ozone layer and the environment, etcetera, etcetera.

    So, the laws are in place to address the fact that we as human beings, as public health physicians, have pointed out, are pretty good at narrative compassion. But we have a hard time with statistical compassion. It’s hard for us to understand numbers like billions and millions. International law and national law solves the problem of statistical compassion by saying, “It doesn’t matter whether you can empathize with these people or not. There’s certain injuries you’re not allowed to do. It doesn’t matter whether you can picture North Koreans or have any understanding of who they are. There’s certain things you’re not allowed to do.”

    So, my own emphasis is on the national laws, which can be used hand-in-hand with the international laws and the other kinds of accords going on. And that’s in the book, ‘Thermonuclear Monarchy’. And essentially, it’s showing that the key provisions of our own constitution and of constitutions as they were understood in ‘Social Contract Theory’ by Hobbes and Locke, and even before that. Many centuries of thinking about contract are made primarily to be impediments on the act of going to war. Yes, constitutions have many phrases and many provisions, but the two key provisions in our own Constitution and in other constitutions are two brakes on going to war. The first one is the requirement for a Congressional declaration of war, and since the invention of nuclear weapons, we haven’t had a single Congressional declaration of war. Not in Korea, not in Vietnam, not in all our invasions of Panama, Haiti, former Yugoslavia, etcetera, and that’s not a coincidence.

    If presidents know that, as Nixon said, “I can go into the next room, pick up a phone, and in 25 minutes 70 million people will be dead.” If presidents know they have that power, it can seem to them preposterous that merely to invade another country they have to go to Congress. As the elder George Bush said, “In order to kick Saddam Hussein out of Kuwait, I didn’t have to go to Congress and get some old goat’s permission.” That was a quotation from him.

    Now, if you actually look at the… And the other provision that’s been made a mockery of in the nuclear age is the Second Amendment, which I hope I’ll get time to talk about, but I’m gonna be concentrating on Congress. If you look at the quality of deliberations in the five cases where the United States has had a declaration of war, which is the War of 1812, the War of 1846, the Mexican-American War, the 1898 Spanish-American War, and World War I and World War II, and contrast the quality of deliberation, which is extremely high, the quality of deliberation with the utter lack of deliberation in presidential decisions about going to war, you see why in addition to simply being law-abiding and being constitutional, it’s crucial that this provision be brought back. And we think of the Cuban Missile Crisis as a time when we came closest to nuclear war, but we know that in 1954 Eisenhower seriously considered using atomic weapons in the Taiwan Straits Crisis. He did so again in 1959 in Berlin. We know that JFK three times, according to Robert McNamara, came within a hair breath of all-out nuclear war. So not once, but three times.

    We know that LBJ, that Lyndon Johnson considered using nuclear weapons against China to prevent China from getting a nuclear weapon. And Nixon has said that he considered using them four times. Now, what does considering mean? Does it mean a flash going through like a marquee that just goes and disappears? No. It means something much more serious than that. In Nixon’s case, the written record suggests that he sent 18 B-52s loaded with nuclear weapons over Russia towards Vietnam in a faint, but a very dangerous kind of bluff. There is much to say about the contrast between the quality of Congressional deliberations and the quality of presidential deliberations, starting with the fact that when Congress deliberates, it’s open to the public. When the president deliberates, we find out 30 years later. That’s why in the list enumeration I just gave you of presidential contemplation of nuclear weapons, I had to stop at Nixon, because we’re only going to get… There’s this big time lag. But I’m just going to concentrate on one because of the shortage of time.

    The lack of dissent in any kind of presidential deliberation and the elaborate dissent in testing that goes on in Congress. Members of Congress consider themselves equal to one another. They are equal to one another. Therefore, they try to test each others’ arguments. Maybe they don’t always have great motives, maybe they’re just showing off. That’s fine. Whatever motive they have for coming up with an alternative explanation to test the reality of the proposition that that country over there did something so bad that we’re now going to go to war against them. There is no equivalent dissent in the presidential deliberations. I read through the papers of both the Taiwan Straits Crisis and the 1959 Berlin Crisis. Here’s the closest thing there was to an act of dissent in the first of those two deliberations, and I’m using the word ‘deliberation’, I should be using a different word. Because it’s not deliberation, for the simple fact that it’s a hierarchical structure, and hierarchical structures can be good for doing some things, like commanding an army once the war is underway. It’s not a good structure for determining whether you’re going to go to war.

    The closest thing to an act of deliberation is Secretary of the Treasury Humphrey says, “I just want to ask a question. Are we going to have a hard time explaining to the American people why islands with names they don’t know like Quemoy and Matsu were so important that we dropped an atomic bomb?” Eisenhower immediately scolds him. “A mere look at the maps on the wall will convince you of the strategic importance of these islands, and of dissent.” Secretary Humphrey doesn’t say, “Yeah, but you said something simpler two weeks ago,” which Eisenhower had. Nobody else says, “I had kind of the same question,” and so forth. Now, if we fast forward to 1959, Eisenhower, I should say, in the ’54 Taiwan Straits Crisis, believed he would be impeached if he used an atomic weapon. He says repeatedly, “Because I would be going over the Congress without their consent, I could be impeached, but I’m willing to be impeached if I need to do it.”

    By 1959, he seems to have decided that if he just invites a sprinkling of people from Congress to the meeting, maybe it’ll count as Congressional authorization. At any rate, the single moment that’s close to an act of dissent or an act of testing is Senator Fulbright saying, “I just want to make sure I understand what we’re saying here. Are we saying that the GDR could take out the roads in West Berlin and that we might begin to repair that road, and then an East German soldier might shoot a rifle at our repairman, and then we would drop an atomic bomb?” Eisenhower says, “We’re not exactly sure of the steps that would lead to the dropping of the atomic bomb, but we know that one thing is true, that once the crisis is underway, there’s no chance to stop and talk to the UN about it.” So in other words, he doesn’t say, “Senator Fulbright, have you lost your mind? Of course we will not use an atomic weapon against somebody firing a rifle.” He says, “We don’t exactly know the circumstances that will lead to that.”

    This kind of provision is absolutely crucial, and starting with the fact that there’s a clear set of sentences on the table that everyone understands is the focus of their deliberation. “Be it enacted by Senate and House of Representatives here assembled, we do hereby declare war.” There’s no equivalent set of sentences in the presidential deliberation, there’s no vote. There’s a conspicuous vote in the case of Congress, everybody has to give their name and vote. We know for all of history that Jeannette Rankin voted no against going to war against Germany and against Japan. The record will stand, there’s no kind of equivalent. And these… I’ll skip the right to bear arms right now, except to say that just as Congress has been made to look like a dead institution once it gave up this huge power, the most important power there is, as Justice Story said in the 19th century, the responsibility for going to war, so in the atomic age, the right to bear arms has looked like a kind of confused and disgraceful provision. The point of the right to bear arms is to say, “However much military power we have, whether zero or a great deal, it’s got to be equally distributed among all of us, because it is the whole population’s responsibility to ratify or not ratify the Congressional declaration of war.”

    And if that seems like a militaristic provision, realize that it’s been something that has been celebrated by not only militarists like Mirabeau in the French Revolution, but by pacifists. Gandhi said, “Of all the evil deeds committed by England against India, the worst is the disarming of the population. Give us back our arms, and then we’ll tell you whether we’re going to use them or not.” And of course, Gandhi’s position at that point in his life would be, “We’re not going to use them.” But you don’t even have the power to insist on pacifism if you have no control over the military arsenal. And I said at the outset that… Oh, I should say that if you look at the Constitution, the only thing that requires this double location, other than war making, is constitution making. If you’re going to change the Constitution, you have to have the assembly voting, both houses, and then you have to have a ratification by the population. The same is true of constitutional law, you have to have the authorization from the Congress and then the ratification by the states.

    And just to show you how this works, there have been over 5,000 amendments proposed in Congress and only 27 have passed, so it’s a tremendous impediment kind of structure. The Constitution does not want to impede the ratification of judges, it does not want to impede people going to the library, it does not want to impede people love making, it does not want to impede education. It wants to impede one thing, going to war, and we’ve just jettisoned the provisions that do that. And I mentioned at the outset that there are equivalent provisions in the constitutions of some of the other nuclear states, France, India and Russia, which I can come back to, and it’s also the case that when you go to social contract theory, you see these same two gates, the parliament and the population invoked as crucial.

    This is a quotation that I very much like from Locke in the second treatise where he quotes, it’s nearly illegible there, Caligula saying that… I’m sorry, where he quotes an observation that Caligula wished that the people had but one neck, that he might dispatch them all at a blow, which is exactly the situation we’re in. “We’re not in a democracy, we’re not even in a governance structure if you’ve got an arrangement, an architecture that allows a tiny number of men in any country to dispatch all of civilization.” Now, that’s the theoretical part of my talk, and we agreed that he would give me a five minute warning, so I could just tell you the concrete part. So here’s the concrete part, and maybe you’ll think of better ways of making this concrete.

    My brother, Joe Scarry, and I went to Congress in early September and met with 10 people, three of them in the House of Representatives, we met with the representatives themselves, and seven in the Senate. We asked for two things, first to have a formal hearing on presidential first use in the Congress. All of them were extremely receptive to that idea. They thought it was fresh and creative. We proposed that they actually bring in former presidents to testify, like Clinton and Carter and the two Bushes, etcetera, about how close they had come, etcetera. And there’s one big problem with it. As you may know, you have to be in the majority party in order to institute a formal hearing. So that will await the… With luck, we’ll have a Democratic House, and then it can be instituted. If that doesn’t happen, then they suggested that we could begin to work with some of the possible Republicans to see if they would initiate it.

    The second thing we proposed was that they become part of a law case where Congressional plaintiffs would be litigants. And the legislative assistants of the Senators listened, I think, with interest. The people in the House didn’t just listen with interest, they jumped right on and said, “Yes, and could… ” And we had proposed we’d come back in December. “No, particularly if Trump gets elected, come back in November, let’s begin this.” And other people, Kennette Benedict from the Bulletin, former executive director has agreed to be part of this legal team. Owen Fiss, who is a constitutional lawyer at Yale, will be part of the legal team. I’m hoping some of you can suggest other people who would be helpful. Of course, the momentum for that is in part driven by the fear of Donald Trump, even though, as we heard yesterday there’s almost equal reason, or maybe equal reason to be afraid of Hillary Clinton.