||ENDS AND MEANS IN CONFLICT 21 should be removed from office and be tried by the courts of this land for acts of homicide.41 The President's approval of covert CIA activities directed at overthrowing the Nicaraguan government, without a full disclosure to Congress and without congressional empowerment, and covert activities conducted by administration officials, with or without express presidential approval, raise serious constitutional, statutory and political issues about the President's capacity to administer his office properly, as does the apparent "disinformation" campaign aimed at Mr. Khadafy of Libya. Consider, for example, the earlier covert mining of Nicaraguan harbors and now the Iranian-Nicaraguan scandal in light of the following statement by James Iredell, a member of the Constitutional Convention in Philadelphia and later a justice of the Supreme Court: [The president] must certainly be punishable for giving false information to the Senate. He is to regulate all intercourse with foreign powers, and it is his duty to impart to the Senate every material intelligence he receives. If it should appear he has not given them full information, but has concealed important intelligence which he ought to have communicated, and by that means induced them to enter into measures injurious to their country, and which they would not have consented to had the true state of things been disclosed to them-in this case, I ask whether, upon an impeachment for . . . such an account, the Senate would probably favor him.42 F. Modern Technology and Eighteenth Century Ideas The argument to this point has been scrupulously conservative. The vital point of analysis has been our adherence to the original intent of the Founders of the Constitution. But what has been the impact upon an eighteenth century understanding of modern technology of war? How do nuclear weapons and intercontinental missiles affect our constitutional provisions for war? It has been suggested that nu- 41 Id. 42 See F. Wormuth & E. Firmage, supra note 16, at 277; see also Firmage, The Law of Presidential Impeachment, 1973 Utah Law Review 681 (1974); Firmage & Mangrum, Removal of the President: Resignation and the Procedural Law and Impeachment, 1974 Duke Law Journal 1023.