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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 The Nuclear Military-Industrial Complex
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Monday, April 05, 2021
The Nuclear Military-Industrial Complex
Guest Blogger
For the Symposium on Martin J. Sherwin, Gambling with Armageddon: Nuclear Roulette from Hiroshima to the Cuban Missile Crisis (Knopf, 2020). Jeremi Suri If nuclear weapons were the most
threatening disease of the Cold War, the Cuban Missile Crisis was the closest
near-death experience. Martin Sherwin’s new book, Gambling with Armageddon,
offers an alarming autopsy: “Crisis management was in the mix, but the
indispensable ingredient was luck. Very good luck” (5). Sherwin
elucidates the many pressures pointing toward war in October 1962: the U.S.
military’s preparations for an invasion of Cuba, Soviet leader Nikita
Khrushchev’s desire to challenge American dominance in the Western hemisphere, the
belligerence of President Kennedy’s closest advisers, poor communications
between the two superpowers, and, perhaps most dangerous, the limits on
leaders’ control over their own nuclear forces. Sherwin opens the book with his own
experiences during the crisis as a U.S. Navy junior officer in an antisubmarine
warfare training unit. Time and again, he returns to the presence of Soviet
nuclear-armed submarines in the Caribbean, their brinksmanship with American
surface ships, and the moments when theater commanders came close to firing
their weapons. The most dangerous moment was perhaps on October 27, 1962 – the
second-to-last day of the crisis – when a Soviet submarine commander,
responding to American maneuvers, ordered an “urgent dive” and armed a nuclear
torpedo for firing (27). Sherwin recounts how a second captain on the Soviet
submarine countermanded the order shortly before launch. The word “gambling” in the book’s
title is crucial for the author’s analysis. Others have investigated the
challenges of preventing nuclear Armageddon, but Sherwin’s seminal contribution
is to explain that controlling the dangers was, in President Kennedy’s word,
“impossible” (309). Sherwin’s meticulous and detailed narrative shows how
close both sides came to sliding into war. Rejecting arguments about stability
through nuclear deterrence, Sherwin concludes with a powerful pronouncement:
“nuclear armaments create the perils they are deployed to prevent, but are of
little use in resolving them” (469). So why do we still build and deploy
so many of these weapons? Since the end of the Cold War the number of
nuclear-armed states has grown, and in the last decade efforts to reduce the
largest nuclear arsenals – in the United States and Russia – have
stalled. Washington, Moscow, and Beijing have all undertaken new programs to
modernize, and in some areas, expand their nuclear arsenals and delivery
systems. The United States and Russia each currently deploy more than
1500 nuclear warheads on missiles and in aircraft – enough tonnage to make the
planet unlivable many times over. (China maintains a small reserve arsenal of
approximately 300 warheads; France and Britain each have under 300 warheads;
Pakistan and India each have about 150 warheads; Israel and North Korea have
less.) The permanence of a bloated
American nuclear arsenal reflects, in part, the emergence of an American
military-industrial complex after the Second World War. Although Sherwin does
not use the concept explicitly, his early chapters chronicle how U.S. military
institutions and political leaders overemphasized nuclear force and under-valued
diplomacy in the early “nuclear age.” For Presidents Harry Truman and Dwight
Eisenhower, nuclear technology promised superiority against the Soviet Union
and other adversaries at less financial cost than conventional alternatives. The
United States could project now global force, as never before. And it could
deploy this global force, through a standing military bureaucracy, while still
drawing limited manpower from a growing American economy. Nuclear weapons went
hand-in-hand with big government investments in industry and consistent
diplomatic efforts to open foreign markets. Since this military-industrial
posture used force short of traditional war, it did not require extensive
congressional or judicial oversight. In this sense, the national security state
re-drew the constitutional balance of power to give the executive unprecedented
powers as commander-in-chief of a permanent hyper-armed society. A quick learner, John F. Kennedy
understood this system well. He campaigned for the presidency accusing the
Republicans of allowing a fictitious “missile gap” to emerge, although the
United States had a much larger arsenal of nuclear weapons and delivery systems
than its Soviet rival. During his first months in office, he authorized the
disastrous Bay of Pigs invasion, which sought to overthrow Fidel Castro’s
regime in Cuba. Sherwin shows that even after President Kennedy blamed the
military and intelligence agencies for misleading him about the Bay of Pigs, he
still remained close to his chosen chairman of the joint chiefs of staff, Maxwell
Taylor, and his secretary of defense, Robert McNamara. Throughout the Cuban
Missile Crisis, these two men consistently encouraged forceful responses to the
Soviet Union that risked nuclear war. The hero of Sherwin’s book is an
unlikely figure: former presidential candidate and U.N. Ambassador Adlai
Stevenson. Sherwin quotes extensively from Stevenson’s memo to President
Kennedy at the start of the crisis. Warning against plans to bomb the Soviet
missile sites in Cuba, Stevenson advised: “the means adopted have such
incalculable consequences that I feel that you should have made it clear that
the existence of nuclear missile bases anywhere is negotiable before we start
anything” (242). Kennedy never gave Stevenson credit, but he did come to agree
that he should avoid nuclear war at all costs, which eventually required a
public non-invasion pledge for Cuba and the secret removal of American missiles
from Turkey. The difficulty in getting to this peaceful
denouement was political. McNamara admitted in the famous “ExCom” meetings of
the president’s closest advisers that the Soviet missiles in Cuba did not
change the global balance of power – the United States still maintained a large
numerical and technological advantage over the Soviet Union. “It is not a
military problem that we’re facing,” the secretary of defense explained to
Kennedy. “It’s a political problem. It’s a problem of holding the alliance
together. It’s a problem of properly conditioning Khrushchev for our future
moves…and the problem of dealing with our domestic public, all requires action
that, in my opinion, the shift in military balance does not require” (272). That was the military-industrial
complex speaking through McNamara’s mouth. The United States had to maintain
overwhelming superiority, it had to show allies and the domestic public that it
would never give-in to the Soviet Union, and it had to emphasize strength and
toughness over compromise and negotiation in all circumstances. Almost every
one of Kennedy’s advisers was conditioned to accept this logic, even if it
meant risking nuclear annihilation. Although the United States maintained a
ring of military bases around the Soviet Union, Moscow could never establish a
beachhead close to the United States. And the Soviets had to pay a price, they
had to accept a humiliating retreat, for their transgression in Cuba. That is
how the distinguished civilian and military leaders around the president
thought in 1962. This culture of belligerence would have astonished American
leaders twenty-five years earlier, before the emergence of a
military-industrial complex. Kennedy was sobered by the
responsibility for war that he held as president. He took Stevenson’s advice
and pushed back against his advisers’ belligerence, demanding a naval blockade,
not an invasion. He then agreed to remove American missiles in Turkey, despite
strong objections from most members of the ExCom. Kennedy had to make this
concession secretly because he feared the political ramifications, as McNamara
anticipated, of appearing weak. For the same reason, Sherwin shows, Kennedy had
to lie about what really brought the crisis to a safe conclusion. Instead of
emphasizing compromise and restraint in their post mortem, White House
officials trumpeted a delusional show of strength that allegedly cowered their
Soviet adversaries. That lie only encouraged more American belligerence in
Vietnam and so many other places. Gambling with Armageddon is
a powerful condemnation of the reckless risk-taking around nuclear weapons and
a warning that this behavior will eventually create irreversible disasters.
Sherwin focuses on the difficult choices leaders must make to prevent future
nuclear crises through diplomacy, arms control, and disarmament. Those are much
more responsible alternatives, he argues, than continued focus on nuclear
deterrence in American foreign policy. This cogent case, however, raises a
number of questions that Sherwin does not answer. First, how would other
states, particularly contemporary Russia and China, respond to a de-nuclearized
set of American foreign policies. Are these regimes likely to be more
accommodating or less? Sherwin offers a formidable analysis of American
decision-making, but his account of non-American actors, even during the Cuban
Missiles Crisis, is not as thorough. Second, how much choice does a
president really have? Sherwin shows that Kennedy seized hold of U.S.
decision-making during the Cuban Missile Crisis, but he was still held hostage
by the assumptions and constraints of the American military posture. Kennedy
could not control how the U.S. Navy engaged Soviet submarines. He was not
informed of the increased military alert (DEFCON 2) until after the fact, and
he faced a barrage of pressures to show strength, with his reelection perhaps
on the line. Kennedy resisted this time, in part, but the system still seemed
to win in the way the story was told. Do presidents have choices in our current
military-political system? Third, and following from above,
how can we reform the structure of our government to create different
incentives and possibilities for policy-makers? The question of systemic reform
is unavoidable if one follows Sherwin’s thread. The Cuban Missile Crisis was
not the last nuclear crisis, and the militarization of American politics has
only deepened since the end of the Cold War. This is evident in the wars the
United States continues to fight in the Middle East, rising belligerence toward
China, and even armed insurrectionary activity within the United States. If
Stevenson was correct and the politics of negotiation must replace the politics
of war, how can we reform our constitutional system for more of the former? The disease of nuclear weapons in
the Cold War has metastasized into a cancer of undemocratic violence in the
twenty-first century. The illness is deep in our current institutions and
political culture, reinforced by a mythic history that tells us that toughness
and belligerence somehow made America “great.” Sherwin’s book is a powerful
provocation to reexamine our history for the evidence we need to shrink the
national security state, at last, and rebuild the institutions that are most
crucial for the future of democracy. Inspired by this book, we might begin by returning
to the serious work of reducing nuclear weapons worldwide. Jeremi Suri is the Mack Brown Distinguished Chair for Leadership in Global Affairs at The University of Texas at Austin. You can reach him by e-mail at suri at austin.utexas.edu.
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