AMID WORRIES about a new Cold War, of standoffs with old enemies and confrontations with new ones, Harvard professor Elaine Scarry’s latest book is a chilling reminder of the doom our presidentially controlled nuclear arsenal can unleash upon the world. Early on, she reminds us that President Nixon told reporters, “I can get on the telephone and in 25 minutes 70 million people will be dead.”
This boast illustrates Scarry’s thesis: We live in a thermonuclear monarchy, where one person—the U.S. president—can destroy the world. Nuclear doom is an accident waiting to happen, and she reviews a number of barely publicized near misses.
But she sees a solution at hand—the U.S. Constitution, specifically both Article I, Section 8, which says that Congress alone can declare war, and the Second Amendment. The text of the latter reads: “A well regulated militia being necessary to the security of a free state, the right of the people to keep and bear arms shall not be infringed.” (Emphasis added.) Scarry argues that the amendment mandates a second level of citizen consent to war, a further brake to executive power, even after Congress has given its approval—that the writers of the Constitution intended that before the U.S. engaged in any war the people would have to consent to join a militia, a form of collective participation in the decision for war. According to Scarry, our out-of-ratio nuclear weapons stockpile, ready to launch at the command of a single person, has negated the Constitution-mandated chain of accountability and decision-making and is therefore illegal.
Scarry, a scholar of social theory, argues that the social contract on which the Constitution stands also outlaws nuclear weapons. Departing from some interpretations, she maintains that the social contract as developed through the centuries is actually a covenant for peace, giving us a blueprint on how to live without war.
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