Rational choices are limited in this setting, and may merely consist of making the best of the worst available alternatives. The American public is becoming increasingly frustrated with national policymakers who seem to be firing global broadsides but are not able to hit anything. In fact, Butler even questions whether the war on terrorism is a struggle against Osama bin Laden, his Al Qaeda network, and a few similarly minded groups, or, "is it also an effort to undermine the paradigm that anything goes in the name of a cause and the idea that even the slaughter of civilians is an acceptable political act?
3. Predict the most important trends in terrorism.
Clearly, things are going to get worse before they get better. Today militant Islam is gaining power and influence around the world. The relentless increase in the destructive capacity of small groups and individuals has been fueled in large party by three fundamental technological advances:
1) more powerful weapons;
2) dramatic progress in communications and information processing; and 3) more abundant opportunities to divert nonweapon technologies to destructive ends.
As noted above, terrorists may be dangerous, but they are not stupid, and terrorists organizations around the world have readily embraced these technologies to advance their cause in any way possible. Furthermore, according to Cetron and Davies, by the year 2020, most of the world's 25 most-important Muslim lands could have extremist religious governments; Europe and the U.S. will face more homegrown terrorism, since Islam is the fastest-growing faith in both areas.
The responses adopted by the United States in the years to come will likely continue to trample on civil rights, as hallmarked by the passage of the so-called Patriot Act. This will likely continue until enough Americans have their rights infringed in one fashion or another to cause a grassroots movement to swing the pendulum back the other way. "In the West, the magnitude of the September 11 attacks has led many to accept a scaling back of certain rights in the name of enhancing security. If everyone faced heightened scrutiny, the odds are that an appropriate balance would be stuck between freedom and safety." However, since the anti-terrorism efforts to date have largely been focused on a minority (young men from the Middle East and North Africa), civil rights would appear to be in far greater jeopardy. According to Stuntz, the terrorist attacks on New York and the Pentagon drastically increased the demands on law enforcement. "Those increased demands have already led to some increases in law enforcers' legal authority, and that trend will -- and probably should -- continue, at least for a while."
For the purposes assessing the impact of this on trends on the future war on terrorism, it helps to separate the legal changes (both the ones that have already taken place as well as those that are likely to take place in the near future) into two categories:
1) special powers that are limited to the fight against terrorism; and 2) changes in the authority of police across the board.
The first category is the result of federal legislation and therefore affects only a small percentage of the more than 800,000 law enforcement officers in the United States today; the second is, or potentially will be, the result of judicial decisions, since it is judges who determine the breadth of Fourth and Fifth Amendment law, and it is those bodies of law that serve to constrain the vast majority of those 800,000-plus officers. "The first category has gotten the most ink thus far, but the second category is more important. The sheer size of America's local law enforcement machinery means that the rules that bind it have much more to do with the amount of freedom most Americans possess than the rules that limit the power of FBI agents."
The majority of members of the American public have been able to discern that the balance is not between their own security and freedom but between their own security and other peoples' freedom. "Governments have been quick to take advantage of the resultant greater public willingness to countenance rights restrictions." According to William J. Stuntz, "Crime waves always carry with them calls for more law enforcement authority....
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