Regulatory Reform & Administrative Due Process
REGULATORY REFORM & ADMINISTRATIVE DUE PROCESS
REGULATORY REFORM
Every significant federal regulation should answer:
What law authorizes this?
What problem exists?
What evidence supports intervention?
What will it cost?
What liberties does it restrict?
Is there a less restrictive solution?
How will success be measured?
When will the rule be reviewed?
Rules that repeatedly fail should be modified or repealed.
SIMPLE, READABLE GOVERNMENT
Americans should be able to understand the laws governing them.
MPA supports:
Plain-language government communication
Searchable legislation
Reasonable review periods before major votes
Clear comparison with existing law
Stronger restrictions on unrelated provisions hidden in legislation
Public explanations of major bills
Members of Congress should know what they are voting on.
Citizens should know too.
No Punishment for Exercising Constitutional Rights
Government should not treat a person's exercise of a constitutional right as evidence of dangerousness.
Lawful:
firearm ownership;
political criticism;
refusal to consent to a voluntary search;
request for an attorney;
refusal to answer optional questions;
peaceful protest
should not by themselves justify escalation.
Right to Refuse Voluntary Government Requests
When government lacks compulsory authority, citizens should be clearly permitted to decline voluntary:
searches;
interviews;
entry;
document requests.
Refusing voluntary consent should not itself be treated as probable cause.
Government Must Prove Its Authority
When government orders someone to surrender property, cease lawful activity, permit entry, or pay a substantial penalty, the government should be able to identify the legal authority supporting that demand.
"Because the agency said so" is not enough.
Administrative Rules Cannot Exceed Statutory Authority
Regulatory agencies may implement laws enacted by legislatures.
They should not create entirely new major prohibitions, crimes, property restrictions, or sweeping powers without sufficient legislative authorization.
Major policy decisions should be made by elected legislatures rather than buried in agency guidance.
No Criminal Penalty From Secret Rules
People should not face criminal punishment for violating:
unpublished guidance;
inaccessible interpretations;
informal agency opinions.
Criminal obligations must be reasonably knowable beforehand.
Notice Before Enforcement
Except for crimes, fraud, immediate danger, or intentional violations, regulated people and businesses should generally receive reasonable notice of newly adopted technical requirements before punitive enforcement begins.
Right to Independent Review
A government agency should not be the final judge of its own disputed enforcement action.
People should have access to meaningful review by:
independent administrative tribunals;
courts;
other genuinely independent decision-makers.
Government Bears the Burden
When government seeks to:
seize property;
impose severe fines;
shut down a business;
condemn a home;
permanently restrict lawful property use;
government should bear the appropriate burden of establishing the legal and factual basis.
Emergency Powers
Emergency authority may be necessary where immediate danger exists.
Emergency action should:
be narrowly tailored;
last only as long as necessary;
receive prompt judicial review;
not become permanent regulation without ordinary legislative process.
Personal Liability for Intentional Abuse
Good-faith mistakes should not automatically create personal criminal liability.
However, government officials who knowingly:
fabricate violations;
falsify evidence;
retaliate against citizens;
conduct searches without legal authority;
intentionally seize property unlawfully;
deliberately impose unauthorized penalties;
may face disciplinary, civil, or criminal consequences depending on severity.
Government Should Pay for Government Mistakes
When government action is determined to have wrongfully caused measurable damage, there should be a practical mechanism to compensate the injured person.
Examples may include:
wrongful property destruction;
unlawful seizure;
wrongful impoundment;
government-created damage during an invalid search;
other established unlawful government actions.
Taxpayers should not simply pay settlements while intentional misconduct goes unreviewed.
Where serious intentional misconduct is established, the responsible official should face separate disciplinary review.
Local Government Bill of Rights
Residents dealing with municipalities should have clear rights to:
notice;
explanation;
evidence;
reasonable correction periods;
proportional penalties;
impartial appeal;
protection from retaliation;
public records concerning enforcement.
Cities and counties exercise government power and should therefore be subject to constitutional standards of fairness.
Core MPA Standard
Government should leave peaceful people alone unless there is a legitimate reason to intervene.
Government may protect safety, enforce legitimate laws, protect the environment, and prevent harm.
But government should not use:
raids where ordinary process would work;
seizure where fines would work;
fines where warnings would work;
criminal penalties where correction would work;
permanent restrictions where temporary measures would work.
And when government seeks to take someone's:
liberty;
home;
land;
business;
money;
property;
government bears the burden of proving why that intrusion is lawful, necessary, and proportionate.
Related policies: Constitutional Government & Separation of Powers; Government Integrity & Equal Justice; Property Rights, Land Use & Off-Grid Living; Right to Timely Government Service.
Status: Proposed / Draft — not yet formally adopted.
Originally published: August 15, 2026.
Last updated: September 25, 2026.
Version: Draft 0.1.