| A response to the attacks of September 11, 2001, presents both a political and legal problem for the U.S. government. The response is a political problem because the people demand protection from, preparedness for, and prevention of such attacks in the future. These are functions of and activities performed by the security forces of the country-the military for fighting war, and state and local civilian officials for fighting crime and preparing for emergencies. In performing their respective jobs, the military and state and local civilian officials develop and rely upon intelligence. Today, there is a global insurgency, one of whose tactics is terrorism and for whom a major target is the United States. A response, a counterinsurgency operation, requires a political-military strategy that integrates civilian and military activities in a unity of effort through sharing of intelligence. If this strategy were available in the United States, it would enable the military and state and local civilian officials to identify support in the United States for the insurgency. It would also enable the military and state and local officials to jointly develop an information base in the event an emergency response is required and the military are the only responders. Yet, the military and state and local civilian officials of the United States rarely interact in the United States. I intend to show that a unified military and civilian response would be a legal problem because this situation---separation of efforts---exists because of the U.S. constitutional system. Its features---separation of powers, federalism, and separation of the civilian sector from the military sector---preclude such a political-military strategy and unity of efforts through intelligence integration. This dilemma would be of interest to the global community because what shapes the actions and reactions of the United States is important. This dissertation elucidates the consequences of the U.S. system of government on the effectiveness of a domestic response and on how that response affects the global counterinsurgency effort. |
