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Balkinization Symposiums: A Continuing List                                                                E-mail: Jack Balkin: jackbalkin at yahoo.com Bruce Ackerman bruce.ackerman at yale.edu Ian Ayres ian.ayres at yale.edu Corey Brettschneider corey_brettschneider at brown.edu Mary Dudziak mary.l.dudziak at emory.edu Joey Fishkin joey.fishkin at gmail.com Heather Gerken heather.gerken at yale.edu Abbe Gluck abbe.gluck at yale.edu Mark Graber mgraber at law.umaryland.edu Stephen Griffin sgriffin at tulane.edu Jonathan Hafetz jonathan.hafetz at shu.edu Jeremy Kessler jkessler at law.columbia.edu Andrew Koppelman akoppelman at law.northwestern.edu Marty Lederman msl46 at law.georgetown.edu Sanford Levinson slevinson at law.utexas.edu David Luban david.luban at gmail.com Gerard Magliocca gmaglioc at iupui.edu Jason Mazzone mazzonej at illinois.edu Linda McClain lmcclain at bu.edu John Mikhail mikhail at law.georgetown.edu Frank Pasquale pasquale.frank at gmail.com Nate Persily npersily at gmail.com Michael Stokes Paulsen michaelstokespaulsen at gmail.com Deborah Pearlstein dpearlst at yu.edu Rick Pildes rick.pildes at nyu.edu David Pozen dpozen at law.columbia.edu Richard Primus raprimus at umich.edu K. Sabeel Rahmansabeel.rahman at brooklaw.edu Alice Ristroph alice.ristroph at shu.edu Neil Siegel siegel at law.duke.edu David Super david.super at law.georgetown.edu Brian Tamanaha btamanaha at wulaw.wustl.edu Nelson Tebbe nelson.tebbe at brooklaw.edu Mark Tushnet mtushnet at law.harvard.edu Adam Winkler winkler at ucla.edu Compendium of posts on Hobby Lobby and related cases The Anti-Torture Memos: Balkinization Posts on Torture, Interrogation, Detention, War Powers, and OLC The Anti-Torture Memos (arranged by topic) Recent Posts Nothing Was Inevitable
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Saturday, April 10, 2021
Nothing Was Inevitable
Guest Blogger
For the Symposium on Martin J. Sherwin, Gambling with Armageddon: Nuclear Roulette from Hiroshima to the Cuban Missile Crisis (Knopf, 2020). Martin J. Sherwin
Many thanks to Professors Stephen Griffin, Sanford Levinson, Jeremi Suri,
and Amanda L. Tyler for their generous comments and keen insights, and a
special nod to Professor Jack Balkin for hosting this symposium. Gambling with Armageddon is divided into two books, the second of
which focuses on the Cuban missile crisis.
Understandably it was the primary subject of the reviews. But before addressing those reviews, I want to
highlight some of the salient points in Book I that established the centrality
of nuclear weapons and led directly to the crisis. After all, the overarching
argument of Gambling – as the subtitle proclaims -- is that the crisis
was the result of how (irresponsibly) nuclear weapons were seen, valued and used,
initially by the United States, but also by the Soviet Union, during the seventeen
years between 1945 and 1962. It is worth emphasizing an obvious point to be certain that it is obvious to
everyone. The crisis of October 1962 was
a missile crisis. Initiated by
Khrushchev, it was his response to his and Fidel Castro’s conviction that in
the wake of the failed Bay of Pigs invasion of April 1961 the United States was
planning to invade and overthrow Cuba’s Communist government. Why Khrushchev chose to protect his ally with provocative strategic
missiles is the central point of Book I.
There were less provocative ways to safeguard Castro’s government: officially
admitting Cuba into the Warsaw Pact, creating a separate defense pact, deploying
a large number of Soviet troops to Cuba to serve as a “tripwire,” announcing
the deployment of tactical nuclear weapons to defend the island, or all of the
above. But Khrushchev chose to secretly deploy strategic missiles to Cuba, a
provocative act that his most informed and trusted Presidium adviser, Anastas
Mikoyan, warned him against. The United
States would not tolerate such a deployment, he insisted. “We have to defend Cuba,” he said, “but with
this approach we risk provoking an attack on them and losing everything.” [195] Or gaining everything, in Khrushchev’s view. That was his missile gamble: a high-stakes bet that if successful would
protect Cuba, enhance Khrushchev’s prestige, even the “balance of fear,”
demonstrate Soviet resolve, provide him with additional diplomatic leverage, and
make it clear to the United States that by stationing its Jupiter missiles
close to the Soviet Union (in Turkey), it had invited the Soviet Union to
station its missiles in Cuba. Even before 1962 Khrushchev had become convinced – as a result of the
Eisenhower administration’s espousal of nuclear weapons (the New Look, Massive
Retaliation and Brinksmanship) – that strategic missile strength had become the
sine qua non of great power diplomacy. It began with Hiroshima. Each of the reviewers commented on the extraordinary fact that there are no
checks on a President’s decision to use nuclear weapons. That was true in August 1945 and it is true
today. JFK remarked on this troublesome fact.
It was “insane,” he said after surviving the crisis, “that two men, sitting on the opposite
sides of the world, should be able to decide to bring an end to
civilization.” What made this possible? My favorite counter-factual addresses the origins of our nuclear
dilemma. It posits that the atomic bombs
were not used in August 1945. Influenced
by Secretary of War Henry L. Stimson, who warned President Truman on April 25,
1945 that the Manhattan Project was producing a weapon that “could destroy
civilization” and that “our leadership in the war and in the development of
this weapon has placed a certain moral responsibility upon us which we
cannot shirk without very serious responsibility for any disaster to
civilization which it would further,” Truman declined to authorize any
atomic bombings. After the war, the counter factual continues, there was a Congressional
investigation at which Stimson testified.
Asked why the atomic bombs were not used against Japan he explained that
they were not necessary to end the war and they were weapons that could destroy
civilization. No civilized society would consider using them, the venerable 76
year old Secretary of War insisted. The United States had higher standards than
the debased moral standards of the Axis Powers.
We would not introduce weapons that could destroy civilization (. . .
and so on). If nuclear weapons had been thus introduced to the world as unacceptable,
immoral, unusable weapons shunned by the United States – rather than as
legitimate weapons for war as Hiroshima and Nagasaki affirmed –- do you think
the seventeen years between 1945 and 1962 would have been different? I have often thought that this was a counter
factual that every serious citizen should consider.* *(It is also important to note that the atomic bombings of Hiroshima and
Nagasaki did not lead to Japan’s surrender.
The Japanese surrendered because the Soviet Union declared war against
Japan on August 8th (as Stalin had promised he would). The Imperial forces could not fight a
two-front war (Soviet invasion from the north; USA invasion from the south.)
Moreover, and most important, Japan’s leaders were rabid anti-communists and
the prospect of the Soviet Union participating in the occupation of Japan, with
the certainty that Stalin would seize Hokkaido, Japan’s northern island, suddenly
transformed surrender to the United States into Japan’s best option. So why were the atomic bombs used? “It
was ever present in my mind,” Truman’s influential Secretary of State, James
Byrnes recalled in an interview, “that it was important that we should have an
end to the war before the Russians came in.”) [Think of Byrnes as Truman’s ExComm.] Nuclear weapons are promoted and defended as a deterrent against
aggression, but in fact their primary role during the cold war (and even now) was
diplomatic coercion, and that is what makes “deterrence” theory a fraud
and so dangerous. In January 1950, five months after the Soviet Union successfully tested its
first atomic bomb, President Truman ignored the recommendation of the General
Advisory Committee [GAC]] to the Atomic Energy Commission [AEC] to reject a
plan to build hydrogen bombs. “Its use carries much further than the atomic
bomb itself the policy of exterminating civilian populations,” the GAC argued.
But Truman was not thinking about the military use of hydrogen bombs; he was
most concerned with its coercive usefulness. The decision was necessary, he
insisted, “if only for bargaining purposes with the Russians.” Truman’s rationale had momentous consequences. Accumulating weapons for
“bargaining purposes” established an escalation logic that had no military
limit. Arguments that a particular number of nuclear weapons were a sufficient
deterrent held little sway compared with the diplomatic (coercive) bargaining
value of more and better weapons. President Eisenhower transformed the cold war into a confrontation calibrated
on the number and quality of nuclear arms.
“We have got to consider the atomic bomb as simply another weapon in our
arsenal,” Eisenhower told a National Security Council meeting four months after
his inauguration. The key to success, in the former general’s view, was to promote
America’s superior nuclear arsenal. The United States possessed approximately 1,200 nuclear weapons of various
types when Ike became president. Eight
years later, when he gave his famous farewell address that warned about the
dangers of the military industrial complex, the United States nuclear arsenal
included over 22,000 nuclear weapons. It
was an “insane accumulation,” noted the journalist-historian James Carroll,
that “cast the [nuclear] arsenal in its iron mountain of permanence.” Eisenhower’s
commitment to nuclear weapons —promotionally dubbed the New Look— was formally
promulgated in the top-secret National Security Council document, 162/2, which
he signed on October 30, 1953. Designed “to meet the Soviet threat . . . [and]
to avoid seriously weakening the U.S. economy,” it decreed an expanded and
expansive role for nuclear weapons. It called
for “the effective use of U.S. strategic air power against the USSR” and the
establishment of overseas bases as “essential to the conduct of the military
operations on the Eurasian continent in case of general war.” It mandated “a
strong military posture, with emphasis on the capability of inflicting massive
retaliatory damage by offensive [nuclear] striking power.” “Eisenhower
personally intervened in the final discussions of 1953 to insure [sic]
that [the Strategic Air Command’s [SAC] nuclear bombers] should be recognized
not as ‘a major deterrent’ to Soviet aggression, but as ‘the major
deterrent,’” McGeorge Bundy wrote in his history of the first fifty years of
the nuclear arms race. At
the core of NSC 162/2 was the revolutionary strategic posture—a significant
extension of NSC 68—that the United States “will consider nuclear
weapons as available for use as other munitions.” The
Cuban Missile Crisis From
his first briefing on nuclear weapons in September 1953, Khrushchev
understood their savagery in general, and the special terror of the hydrogen
bomb. “When I was appointed First Secretary of the Central Committee and
learned all the facts of nuclear power I couldn’t sleep for several days,” he
recalled. “Then I became convinced that we could never possibly use these
weapons, and when I realized that I was able to sleep again.” And,
perhaps, to dream about how those horrific weapons could support his most
ambitious policies. By
1962 Khrushchev was obsessed with nuclear weapons. They were a transformative
force that defined national power. They were fearsome instruments of war (which
he was determined to avoid: “Any fool can start a war,” he often repeated), but
as such they were splendid for reinforcing diplomacy. John Foster Dulles had
made that clear from the beginning of the Eisenhower administration. What else
were the doctrines of massive retaliation and his brinkmanship threats but intimidating
ultimatums in the service of U.S. diplomatic objectives? If
Eisenhower and Dulles could use the threat of nuclear war to coerce the Soviet
Union, the Soviet Union could use those same weapons to threaten the United
States. Eisenhower’s New Look became the blueprint for Khrushchev’s nuclear
diplomacy. “My thinking went like this,” Khrushchev explained. “If we installed the
missiles secretly, and then the United States discovered the missiles after
they were poised and ready to strike, the Americans would think twice before
trying to liquidate our installations by military means. . . . The main thing
was that the installation of our missiles in Cuba would, I thought, restrain
the United States from precipitous military action against Castro’s
government.” It didn’t work out as planned.
Worse, it almost led to what Khrushchev was determined to avoid: a war.
If the ExComm had had its way, there would have been a war. If the Joint Chiefs of Staff [JCS] had had its
way, there would have been a war. If a
Soviet submarine captain had had his way, there would have been a war. And, perhaps, most troubling, if the U.S. Congressional
leadership had had its way, there would have been a war. All the reviewers are understandably troubled by the fact (as I am) that congress
has no role in deciding whether a president can initiate a nuclear war. The assumption we all share is that there
would be less chance of a bad choice if the legislative branch had a role in
such a decision. But the history of the Cuban missile crisis does not support that view and,
of all the disturbing discoveries I made researching Gambling, President
Kennedy’s meeting with the Congressional leadership on October 22nd,
shortly before he gave his televised speech announcing the blockade, is the
most disturbing of all. [chapter 34] The blockade was inadequate, Senator Richard Russell, lectured the
president. The Soviets had been warned, very clearly, against stationing
offensive weapons in Cuba, but had ignored the warnings. “We’re either a
first-class power or we’re not. . .” The United States was fully justified,
Russell insisted, in carrying out its announced foreign policy, and “we
should assemble as speedily as possible an adequate force and clean out that
situation.” The
chairman of the Senate Armed Services Committee continued: “We’ve got to take a chance
somewhere, sometime, if we’re going to retain our position as a great world
power,” a remark he buttressed several minutes later with the declaration that
“a war” was “coming someday. . . . Will it ever be under more auspicious
circumstances?” Senator William Fulbright, Chairman of the Foreign Relations Committee, was
equally critical of the president’s blockade initiative, albeit for different
reasons. Russell’s cavalier approach to war shocked the president and he left the
room as angry as Ted Sorensen had ever seen him. “If they want this job, they
can have it—it’s no great joy to me,” he fumed— probably the most exaggerated
inaccuracy he ever uttered. My takeaway from this disturbing episode is that structural rearrangements,
such as Congressional participation in decisions for or against war in a crisis,
do not guarantee the right result. As
Jeremi Suri wrote, even though Kennedy commandeered decision making during the crisis
“he was still held hostage by the assumptions and constraints of the American
military posture.” Assumptions dominate. If you are
convinced like Senator Russell that war is inevitable then you will accept
war. And, since we are discussing nuclear
war, with its potential for “destroying civilization,” our only rational
recourse is to work for “A World Free of Nuclear Weapons,” as George Shulz,
William Perry, Sam Nunn and Henry Kissinger argued in their famous Op Ed in the
Wall Street Journal, on January 4, 2007. Anything less leaves our species dependent on good luck or dumb luck. Either way, as President Kennedy averred,
it’s “insane.” Martin J. Sherwin is University Professor of History, George Mason University. You can reach him by e-mail at martysherwin at gmail.com.
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