COMBATING DOMESTIC TERRORISM: CONSTITUTIONAL ISSUES AND PRACTICAL SOLUTIONS
Author: Captain Melissa Ken
Recent events in the United States have fueled the ongoing conversation regarding the domestic terrorist threat within our nation. Multiple studies indicate that the greatest terrorist threat to the United States no longer emanates from a foreign source but comes from within. In response, many lawmakers have proposed various legislative solutions, including the creation of a domestic terrorist organization designation similar to the existing foreign terrorist organization designation. This Article analyzes constitutional issues in creating a domestic terrorist organization designation and concludes that such a designation is not constitutionally feasible. It proposes several practical alternatives to provide law enforcement and prosecutors with the necessary resources and tools to combat this growing threat within the United States while preserving its most cherished liberties, such as freedom of association and free speech.