Counter-Terrorism Policies and Challenges to Human Rights and Civil Liberties

Abstract

The United States has confronted terrorism for decades. Presidents Nixon, Ford, Carter, Reagan, Bush, and Clinton responded to terrorism before September 11, 2001. In the aftermath of 9/11, Presidents Bush, Obama, and Trump have developed and implemented counter-terrorism policy. The United States’ counter-terrorism policy has broad repercussions for human rights and civil liberties both domestically and internationally, repercussions felt by both allies and terrorists. The Executive branch has had the greatest impact on the United States’ counter-terrorism policy, as Congress has granted ever-increasing powers and the Supreme Court has done little to challenge Executive action. Both the extension of Executive power and its implementation have been largely reactionary, leading to increased tensions – including violations – with human rights and civil liberties, either after terrorist attacks or in response to a perceived threat of attack. These reactionary policies are rarely revoked during times with lowered threat levels. National security and international interests are prioritized as individual rights are sacrificed. The United States’ policy regarding drone policy, intelligence gathering practices, interrogation methods, and treatment of suspected terrorists who have been detained has raised significant questions regarding the preservation of civil and human rights.