Publisher's Synopsis
The United States government needs to plan for and prepare against terrorist attacks. Terrorism when combined with weapons of mass destruction increases the planning complexity. In the event of a nuclear terrorist attack, the government will need to conduct consequence management in the affected areas, govern the non-affected areas, and prevent future attacks. This paper examines what actions, following a nuclear terrorist attack on domestic soil, produce the broadest and deepest results and what options the President has to address such a national emergency. The federal government must address the national effects caused by the attack itself as well as the anticipated results caused by communities enacting protective measures at the detriment of their neighbors. To produce the list of coordinated actions and options, this paper uses a scenario where a terrorist loads a 10-kiloton (kt) weapon into a truck, drives it to the nation's capital, and detonates its. After detonation, the government must attempt to mitigate the weapon's real and perceived effects. A review of the mitigating responses reveals that some actions are nearly impossible without prior planning and coordination. Additionally, the government must operate within a framework of constitutionally granted authorities. Continuity of government is assumed sufficient to exercise command and control and is beyond the scope of this paper. It is also beyond the scope of this paper to present more than a cursory overview of preventing a subsequent attack. This paper reviews the physical characteristics of a nuclear detonation using a 10-kt weapon as the baseline for distances and time effects. These effects and the ensuing chain of events produce probable governmental mitigating actions. To state the obvious, prior planning greatly enhances the outcome of some of these actions. However, prior planning cannot completely mitigate the overwhelming calamity of a nuclear attack. Drastic measures will be required. There are explicit and implicit constitutional authorities available to the President. Throughout the country's history, Congress has used its constitutional authority to delegate additional power to the President during periods of duress. This paper reviews four Supreme Court martial law cases used to distill guiding principles. Introduction * It Happens * Immediate and Delayed Effect on the Local Area * Hypothetical Cases * What Needs to Be Done * Federal Government Assumes Control * Shelter Decision * Communication Message * Transportation Dilemma * What is the Authority Used to Respond? * Martial Law Defined * Conditions of Necessity * Supreme Court Analysis of Martial Law * Posse Comitatus * Stafford Relief and Emergency Assistance Act * National Emergency Act * Recommendations * Conclusion * Bibliography
