We need to take the war to the enemy by pushing through a constitutional amendment to disarm the bureaucracy and limit its power. No innovation of legal principles is required to do this. Rather, what is needed is a forceful reassertion of the rights of free men as defined by English common law. At the core of this is the principle that, since the government exists to protect the life, liberty, and property of innocent people, and not to punish them, it has no business prosecuting them. Thus mens rea must be established, not as a mere guideline, but as part of the supreme law of the land.
A government of secret laws is inimical to both prosperity and liberty.