Fighting Overcriminalization in Federal Regulations

Enumerated powers · passes

The President directs officers he supervises under Article II, Section 1 vesting of executive power and Article II, Section 3 duty to see the laws be faithfully performed. The order enacts no new crime, widens no code, seizes no Article I, Section 8 legislative role. It restrains enforcement, orders review of source statutes, mens rea norms, public notice. Such internal superintendence is within executive scope.

Bill of Rights · passes

This order protects rights secured by the Fifth Amendment due process, Sixth Amendment notice of the offense, Sixth Amendment jury protection, Eighth Amendment proportion of punishment, First Amendment freedom of speech. By discouraging strict responsibility crimes, ordering clear notice of conduct subject to prosecution, mens rea, source statute, public reports, it reduces risk of unjust conviction for unknown regulatory breach.

Individual liberty · passes

The order lessens restraint on person, property, work, speech, belief. No new ban or duty is imposed. The burden is put on government to show clear statute, clear notice, guilty mind, knowing breach. The policy disfavors turning unknowing regulatory breach into crime, protects freedom to work and to conduct commerce without fear of hidden strict responsibility offenses.

Decentralization · passes

The order does not move control to higher power. It orders executive self-review, public lists, restraint in prosecution, civil or office process where proper under Article III and Seventh Amendment per Jarkesy. Individuals, towns, counties, states keep full scope to govern conduct. No Tenth Amendment reserve is seized. It lessens top-down coercion.

Due process and takings · passes

The order strengthens Fifth Amendment procedural due process: just notice, non-vague definition of crime, proof of guilty mind before loss of liberty, focus on knowing breach causing or risking serious public harm. It prefers civil remedy over criminal custody where proper, forbids no hearing, orders no forfeiture, seizes no property without just recompense under Fifth Amendment Takings Clause.