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Schmitt’s Sovereign ‘Exception’, the American Constitution, and Presidential Nuclear Power |
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Abstract:
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While legal historians and constitutional scholars may be correct to assume that there was never meant to be a sovereign in the White House and that judicial review and Congressional purse strings sought to guarantee that reality, these constitutional checks have not prevented the development of a nuclear sovereign. For the purposes of this paper, it will be argued that sovereignty—as defined by Schmitt as the authority to decide the exception of the law—may be debatable in the normal political landscape of the United States Federal government even up to and including conventional war, but that there is a dramatic break once we cross the nuclear threshold. The American president is not just Commander-in-Chief of nuclear weapons as if they are some subset of the armed forces; the president has the power to make the very determination of total or final war. |
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nuclear (162), power (114), war (105), presid (102), constitut (97), schmitt (90), state (80), weapon (74), sovereign (64), execut (62), polit (57), legal (51), author (50), secur (50), decis (48), make (43), capabl (42), sovereignti (42), press (41), law (39), presidenti (39), |
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Association:
Name: ISA's 49th ANNUAL CONVENTION, BRIDGING MULTIPLE DIVIDES URL: http://www.isanet.org
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Citation:
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MLA Citation:
| Grove, Jairus. "Schmitt’s Sovereign ‘Exception’, the American Constitution, and Presidential Nuclear Power" Paper presented at the annual meeting of the ISA's 49th ANNUAL CONVENTION, BRIDGING MULTIPLE DIVIDES, Hilton San Francisco, SAN FRANCISCO, CA, USA, Mar 26, 2008 <Not Available>. 2009-05-23 <http://www.allacademic.com/meta/p253088_index.html> |
APA Citation:
| Grove, J. , 2008-03-26 "Schmitt’s Sovereign ‘Exception’, the American Constitution, and Presidential Nuclear Power" Paper presented at the annual meeting of the ISA's 49th ANNUAL CONVENTION, BRIDGING MULTIPLE DIVIDES, Hilton San Francisco, SAN FRANCISCO, CA, USA Online <PDF>. 2009-05-23 from http://www.allacademic.com/meta/p253088_index.html |
Publication Type: Conference Paper/Unpublished Manuscript Abstract: While legal historians and constitutional scholars may be correct to assume that there was never meant to be a sovereign in the White House and that judicial review and Congressional purse strings sought to guarantee that reality, these constitutional checks have not prevented the development of a nuclear sovereign. For the purposes of this paper, it will be argued that sovereignty—as defined by Schmitt as the authority to decide the exception of the law—may be debatable in the normal political landscape of the United States Federal government even up to and including conventional war, but that there is a dramatic break once we cross the nuclear threshold. The American president is not just Commander-in-Chief of nuclear weapons as if they are some subset of the armed forces; the president has the power to make the very determination of total or final war. |
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| Document Type: |
PDF |
| Page count: |
40 |
| Word count: |
14898 |
| Text sample: |
| Schmitt’s Sovereign ‘Exception’ the American Constitution and Presidential Nuclear Power by Jairus Victor Grove The Johns Hopkins University Spring 2008 Introduction Presidential sovereignty over nuclear weapons began with the Manhattan project in 1942 and continues through to the current debate on nuclear modernization today. For this paper sovereignty is defined as the exclusive control and decision-making authority regarding the strategy placement and use (particularly first-use) or non-use of the weapons themselves. The purpose of this paper is to demonstrate |
| Science volume 247 pp. 167-168 January. Tushnet Mark. The Constitution in Wartime: Beyond Alarmism and Complacency Chapel Hill: Duke University Press 2005. Virilio Paul. Speed and Politics: An Essay on Dromology New York: Semiotexte 1986 142. West Robin “Progressive and Conservative Constitutionalism” Michigan Law Review Vol. 88 No. 4. Feb. 1990. Yoo John. The Powers of War and Peace: The Constitution and Foreign Affairs After 9/11 Chicago: University of Chicago Press 2006. Web Resources http://www.globalsecurity.org/wmd/library/policy/dod/npr.html http://www.fas.org/irp/offdocs/nsc-hst/nsc-68-8.htm http://www.foundingfathers.info/federalistpapers/fed41.htm 40 |
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