||10 EDWIN B. FIRMAGE II. The Way We Go to War The death of a multitude is a cause for mourning: Conduct your triumph as a funeral. Lao Tzu13 There is nothing that war has ever achieved we could not achieve without it. Havelock Ellis14 Possessing nuclear weapons does not necessarily mean that they will be used. Over a long enough time, perhaps, this may not be true. And enormous problems - ethical, spiritual, political - exist simply because we possess such weapons. But such weapons exist. We have no power to reconsider the decision to develop nuclear weapons. The control of such weaponry while we work toward their abolition, therefore, is critically important. Most issues of command, control and security of weapons are ignored here so that we might examine broader ethical, political and constitutional questions. These questions of the way we go to war are not caused by, nor are they unique to, nuclear weaponry. But the existence of nuclear weapons and missile delivery systems should precipitate renewed analysis of the adequacy of eighteenth century ideas on the ways we decide for war or peace. Most people who have studied the subject believe that nuclear war, if it comes, will result from conventional war going strongly against one or the other side, both possessing nuclear weapons. First use would occur as the losing side attempted to save itself. Hence, the way we go to war is vital to the nuclear question. One facet of the brilliance of the Constitution was its focus upon procedural means rather than substantive ends. This does not mean that the Constitution is value-free for it certainly is not. But the Framers realized, consciously or intuitively, that any time of spiritual or political uniformity of values was at an end. If, indeed, any such time really existed, we no longer possessed one way, or one dominant way, of seeing the world and the cosmos and our place in the scheme of things. A series of revolutions - and in these cases the word though often misused was appropriate - had ended whatever really existed of monolithic metaphysics and ethics. The Copernican 13 See supra, note 1. 14 Haveock Ellis, Selected Essays 221 (footnote) (J.M, Dent & Sons, Ltd., 1936).