Objective:
To dissolve the Federal Bureau of Investigation (FBI), Department of Justice (DOJ), and Department of Homeland Security (DHS) as they currently exist, recognizing that these entities lack explicit constitutional authority. In their place, this policy calls for the creation of a new, constitutionally bound agency framework that prioritizes national security without infringing on the civil liberties and privacy rights of American citizens.
Historical and Constitutional Context:
The Constitution does not explicitly recognize the FBI, DHS, or DOJ as branches of government or grant them authority. These agencies were established through legislative measures that bypassed strict constitutional adherence, utilizing legal terminology to create an appearance of legitimacy. For example:
• DOJ (Department of Justice): Established in 1870, shortly after the assassination of Abraham Lincoln, Congress created the DOJ under dubious constitutional grounds. Historically, the Attorney General’s role was intended to serve the interests of the states, not the federal government. The creation of the DOJ expanded federal oversight in ways not aligned with the framers’ intentions.
• FBI (Federal Bureau of Investigation): Formed in 1908 and placed under the DOJ, the FBI has operated under federal oversight without constitutional recognition. Through its development, it has been granted broad authority that, over time, has increasingly allowed surveillance and intervention in American lives that can infringe on civil liberties.
• DHS (Department of Homeland Security): Established in 2002, the DHS was founded in response to modern security concerns but without a direct constitutional basis, further centralizing power over citizen privacy in ways the Constitution does not recognize.
Policy Overview:
This policy advocates the dismantling of the DOJ, FBI, and DHS in their current forms to realign federal enforcement with constitutional principles and protect American civil liberties. The steps include:
- Dissolution of the DOJ, FBI, and DHS:
Legally disband these agencies, acknowledging their lack of direct constitutional authority. Replace them with streamlined entities or agencies that operate within a strictly defined scope, directly aligned with the Constitution’s intent for limited federal powers.
- Constitutional Ban on Unauthorized Domestic Surveillance:
Enact a federal law prohibiting any government agency from conducting surveillance on American citizens without a constitutionally warranted, court-approved cause. This will prevent unauthorized use of technology, data mining, and other surveillance techniques on the general public, restoring the integrity of the Fourth Amendment.
- Outlaw Entrapment, Enticement, and Coercive Tactics:
Implement a federal prohibition against entrapment, enticement, or any form of coercion by federal authorities. This includes tactics that bait citizens into committing crimes they would not otherwise consider, manufactured investigations, or deceptive methods used to fabricate criminal charges. Furthermore, any ongoing investigations or cases currently involving entrapment or enticement tactics shall be rendered null and void. Defendants in these cases should be released, and all related charges dismissed. This approach ensures that no person is unjustly prosecuted or penalized due to unconstitutional investigative methods.
- Establish a New, Transparent Law Enforcement Agency:
If deemed necessary, create a new federal agency with a strict mandate that aligns directly with constitutional limits. This agency’s scope and functions should be narrowly defined to address national security threats without impinging upon individual liberties. Oversight mechanisms should be built into this structure, including independent audits, congressional accountability, and public transparency.
- Create an Independent Oversight Body:
Establish an autonomous body with authority to monitor compliance with these restrictions. This body will be tasked with ensuring that any new agency respects citizen privacy and constitutional rights, conducting independent investigations and enforcing accountability measures when violations occur.
- Institute Mandatory Transparency and Annual Reporting:
Require any new agency or federal enforcement body to submit an annual report to Congress detailing all surveillance actions taken, with specific assurances of adherence to legal standards. Transparency will be a foundational element to deter overreach and maintain public trust.
Expected Outcomes:
This policy will restore constitutionally aligned governance in federal law enforcement, dismantling unauthorized institutions and replacing them only where necessary with agencies that adhere strictly to American civil liberties and privacy rights. It will nullify all entrapment or enticement-based cases currently in progress, ensuring that unjustly affected individuals are released, and that federal authority remains transparent, limited in scope, and bound by checks that prevent overreach. This approach safeguards citizens’ rights while protecting national security.