Homeland Security: A Talking Paper

Background

1. The U.S. Constitution defines the role of the government in the preamble to the document, which gives insight into the founder’s intent in establishing our system of government. “We the People of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defence, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States of America.”

2. The United States has long been oblivious to the terrorist activity that has targeted Europe and the middle east, largely due to the Palestine problem. A resurgence of radical Islam beginning in 1979 has become the main source of threats against the U.S.

3. Recent events that culminated in the September 11, 2001 attacks on the United States resulted in the creation of a new cabinet level department, The Department of Homeland Security. The department is tasked with “common defence” issues that are not military in nature.

Discussion

1. At the time of the Constitutional Convention, the founders could have envisioned neither the threat of terrorism as it exists today, nor the technologies that we rely upon on a daily basis. As the nation works diligently to protect her citizens against the ever more devious plots to destroy her, care must be taken to assure that the rights guaranteed under the Constitution are protected.

2. There were three events that transpired to spark the resurgence of radical Islamic intentions for a modern caliphate:

• A. The increase in radical Islamic thought, primarily in Iran, that resulted in the American hostage crisis which ended in 1980.

• B. Following the 1979 invasion and 10 year war, the 1988 defeat of the Soviet Union in Afghanistan cultivated a sense of empowerment among Islamic militants. The United States erred by leaving the country and not maintaining a strong influence.

• C. The fall of the Berlin Wall. This left a vacuum of power in the region that was filled with Islamic fundamentalist ideologies, such as the Taliban in Afghanistan.

3. We should realize that new technologies and the rapidly expanding access to weaponry such as nuclear and biological weapons demand new approaches to our security, yet we must be alert to measures that encroach upon those liberties guaranteed by the U.S. Constitution.

4. The nation should view the fight against terrorism as a multi-faceted strategy; law enforcement, military actions, and other government agencies such as the Department of State all play a role in defeating a terrorist ideology.

The need for a department to engage in the collection of intelligence, evaluate intelligence, and work to mitigate threats that are not military in nature has shown to be essential. There is an area of concern between a law enforcement action and a military action that was the weak link in the common defense.

5. Considering the non-conventional methodologies of our opponents, pre-emptive actions should be taken to eliminate threats. The situation is such that we can ill afford to again wait for an attack to take action.

My Opinion

1. The primary function of government is to protect the rights of the citizenry within the responsibilities delineated by the authors of the Constitution. Those rights include insuring domestic tranquility, which as we have seen is not the condition following a terrorist attack.

2. The government should be allowed all measures in the mission to protect our liberties and our democracy, provided that these measures do not violate basic principles of civil rights. We must not repeat the mistakes made following the 1988 defeat of the Soviet Union. The Patriot Act and other provisions of law, such as the FISA courts, should be solidified, with any sunset provision removed.

3. The Department of Homeland Security should continue to be empowered to engage in intelligence dissemination and emergency response coordination. It should be continuously involved in task forces with local agencies, chaired and directed by the federal authorities.

4. We should pursue the interests of America, regardless of the support and approval of other nations and organizations such as the United Nations. America’s sovereignty should be asserted in all affairs, particularly those that place the nation at odds with state sponsored terrorism and non-conventional forces.

The United States should actively engage in intelligence gathering and covert activities overseas, maintaining an influence and infiltration; human intelligence (HUMINT) is essential in the fight against non-conventional forces.

Recommendations

1. The United States should continue to assert the “Bush Doctrine”, which places the U.S. in an aggressive posture against forces with the intent to attack the homeland or our interests overseas.

2. All possible action by the various government agencies should be pursued. The Department of Justice, DHS, and Department of State should be regularly coordinated so that the method used can quickly move from law enforcement to military action with little delay.

The C.I.A. must undergo a thorough assessment and organizational review. Following such review, resources should be provided to enable the agency to maintain both quantitative and qualitative HUMINT.

3. The U.S. should constantly evaluate infrastructure and make improvements in security postures to secure critical facilities and operations. While overall security responsibilities fall on the federal government, the individual states should be given the responsibility to provide assessments and arrange security provisions for the infrastructure items within their borders. For transportation related operations, the federal government should maintain the responsibility.

4. The Congress should act immediately to resolve the problem of dealing with terrorist detainees. The release of detainees into the general public, and the creation of rights for detainees is adding to the threat faced by the nation. The government must establish a solid precedent for processing these individuals.