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22 U.S.F. L. Rev. 561 (1987-1988)
Local Nuclear-Free Zone Legislation: Force of Law or Expressions of Political Sentiment

handle is hein.journals/usflr22 and id is 571 raw text is: Local Nuclear-Free Zone Legislation: Force of Law or Expressions of Political Sentiment? Introduction THE UNITED STATES CONSTITUTION grants power to the federal government [to] provide for the common Defence ... [to] raise and support Armies . . . [t]o provide and maintain a Navy ... [and to] make Rules for the Government and Regulation of the land and naval Forces.' Traditionally, the scope of this au- thority has been interpreted by the United States Supreme Court as broad, pervasive, and all encompassing.2 In the last several years, numerous cities and towns have at- tempted to limit the traditional scope of federal common de- fense power by passing ordinances, resolutions, referendums, or town bylaws that declare their particular area a nuclear-free zone (NFZ).3 Local NFZ legislation generally prohibits the de- sign, production, deployment, launching, maintenance, or storage of nuclear weapons or weapon components within defined territo- 1. U.S. CONST. art. I, § 8. 2. See United States v. O'Brien, 391 U.S. 367, 377 (1968) (conviction for burning selec- tive service registration certificate publicly) (citing Lichter v. United States, 334 U.S. 742, 755-58 (1948) (Congress may recover excessive profits received or receivable on private war contracts), and Selective Draft Law Cases, 245 U.S. 366, 377 (1918) (Congress may compel military service)); United States v. Tarble, 80 U.S. 397, 408 (1871) (state court does not have jurisdiction to issue a writ of habeas corpus for the discharge of an underage soldier). See also Rostker v. Goldberg, 453 U.S. 57, 65 (1981) (Congress may determine that women are not eligible for combat); Schlesinger v. Ballard, 419 U.S. 498, 510 (1975) (Navy's differing discharge procedure for male and female line officers upheld); Ex parte Quirin, 317 U.S. 1, 25-26 (1942) (jurisdiction of military tribunal upheld over alien enemy saboteurs). 3. See Nuclear Free Zones in the United States, 5 The New Abolitionist No. 3, at 10 (Oct. 1987). The New Abolitionist is a newsletter published by a small nonprofit clearing- house and resource center, Nuclear Free America. The article listed 139 cities and towns that have declared themselves NFZs in some form, either by city ordinance, resolution, town bylaw, or referendum. Id. The article also lists approximately 150 other cities and towns wher6 NFZ campaigns are underway. Id.

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