Before one can reasonably assess Professor Miller's argument in
"Nuclear Weapons and Constitutional Law," a fundamental distinction
needs to be drawn. That distinction is between the Constitution and
constitutional law. For Professor Miller, there is no Constitution beyond
constitutional law; the Constitution is only what the judges say it
is - no more, no less.
McDowell, Gary L.
"Nuclear Weapons: Unconstitutional or Just Unjust?,"
Nova Law Review: Vol. 7
, Article 12.
Available at: http://nsuworks.nova.edu/nlr/vol7/iss1/12