Category Archives: Terrorism and Counterterrorism

An Army Turned Inward: Reforming the Insurrection Act to Guard Against Abuse

Elizabeth Goitein and Joseph Nunn argue that the Insurrection Act is one of the most powerful and wide-ranging authorities available to the President of the United States. The Act authorizes the president to deploy US armed forces and the militia to suppress insurrections, quell civil unrest and domestic violence, and otherwise enforce the law in the face of obstruction. However, despite the wide-reaching powers it grants, the criteria set forth in the Act for its utilization does little in the way of imposing any meaningful constraints.

Compounding the problem is the fact that neither Congress nor the courts share any responsibility for the invocation of the Act—Congress has neither oversight nor approval, and courts have proved reluctant to question the president’s judgment on the deployment of troops in domestic emergencies. The Act therefore functions outside of the fundamental system of checks and balances, increasing the danger that the Act will be invoked without sufficient grounds.

While previous invocations of the Act protected marginalized communities, recent events—particularly the Jan. 6, 2021, attack on the US Capitol—have raised concerns about under what circumstances the Insurrection Act may be invoked, and against whom. The authors trace the history of the Insurrection Act from the early days of the country to the present, analyzing its strengths and weaknesses, and particularly highlighting its potential for abuse. They also detail a proposal for reforming the Insurrection Act, modifying it in a way that would better comply with American democratic ideals.

Managing the Terrorism Threat with Drones

The contours of America’s counterterrorism strategy against al Qaeda and the Islamic State have remained remarkably consistent over the past two decades, broadly focused on degrading al Qaeda’s and the Islamic State’s external attack capabilities and global networks, disrupting their operations through military operations or enhanced law enforcement and border security, and denying them sanctuaries.

Increasingly, drone strikes address threats from terrorism by supplementing local partnerships and other counterterrorism activities because their long-range strike precision complements and enables a low-footprint, partner-based approach. The perceived success of this model in reducing the transnational terrorism threat has since resulted in further cutbacks to resources and the adoption of an “over-the-horizon” posture.

Katherine Zimmerman argues that while this strategy appears to be checking the right boxes in terms of effectiveness and sustainability, there is an inherent risk in managing, and not solving, the Salafi-Jihadi terrorism threat.

Multiple challenges to the partner-based approach are discussed in Zimmerman’s article, ending with suggestions to adopt new strategies such as investments in foreign aid programs, while also reducing drones to a supporting, rather than lead, role in this fight.

Drone Strike—Analyzing Public Perceptions of Legitimacy

Paul Lushenko considers how Mitt Regan’s book Drone Strike: Analyzing the Impacts of Targeted Killing [see also Regan’s article in this volume] informs the national security community’s understanding of the public’s perceptions of legitimate drone strikes. Lushenko explains that Regan, in evaluating the effectiveness of the post-9/11 US drone program, raises an important question about the implications of public opinion for the sustainability of US counterterrorism strikes and similar operations conducted by other countries.

Lushenko argues that where most researchers understand public attitudes in terms of support and approval, Regan’s analysis suggests that perceptions of legitimacy are equally, if not more important for countries’ drone policies. While scholars, policymakers, and practitioners often reference legitimacy, they rarely, if ever, empirically evaluate this outcome, Lushenko argues.

After outlining the literature for public opinion and drone warfare, Lushenko evaluates and incorporates Regan’s insights on public opinions of drone strike “legitimacy” into an emerging research agenda that defines drone warfare based on countries’ use and constraint of strikes to prevent unintended consequences, namely civilian casualties.

Lushenko concludes that unlike qualitative studies that are difficult to falsify, replicate, and generalize, his proposed approach allows researchers to analyze empirically derived data using statistical methods to determine the public’s subjective beliefs on appropriate strikes.