Homeland Security vs. the Madisonian Impulse: State Building and Anti-Statism After September 11

Has the Bush administration used the War on Terror to consolidate power in the executive branch? Is the United States in danger of undermining civil liberties and laying the foundation for an American police state? Arguing against conventional wisdom the authors answer these questions with an emphatic No. Drawing on evidence from the USA Patriot Act, the creation of the Department of Homeland Security, the Transportation Security Administration, intelligence reform, and the detention of enemy combatants, the authors argue that what is most striking about US homeland security policy in the wake of 9-11 is just how weak the response of the American state has been. This outcome is contrary to both conventional wisdom and theoretical expectation. The authors argue that this puzzle is best explained by focusing on the institutional structure of US domestic politics.

Jay Stowsky is an adjunct professor at the University of California, Berkeley's School of Information Management and Systems (SIMS) and is the executive drector of UC Berkeley's Services Science Program. Previously, he directed UC Berkeley's program on Information Technology and Homeland Security at the Goldman School of Public Policy and served in the Clinton administration as senior economist for science and technology policy on the staff of the White House Council of Economic Advisers. Stowsky has also served as associate dean at UC Berkeley's Haas School of Business and as director of research policy for the University of California system. He has authored several studies of U.S. technology policy, including "Secrets to Share or Shield: New Dilemmas for Military R&D in the Digital Age," in Research Policy (Vol. 33, No. 2, March 2004) and "The Dual-Use Dilemma," in Issues in Science and Technology (Winter 1996). He is co-author, with Wayne Sandholtz, et al., of The Highest Stakes: The Economic Foundations of the Next Security System (Cambridge Oxford University Press, 1992).

Matthew Kroenig is a PhD candidate in the Department of Political Science at UC Berkeley and a Public Policy and Nuclear Threats Fellow at the Institute of Global Conflict and Cooperation. Kroenig's dissertation research explains the conditions under which states provide sensitive nuclear assistance to nonnuclear weapons states. Previously, he was a research associate with the Information Technology and Homeland Security Project and has also served in government as an intelligence analyst.