Fifth Amendment: Digital Due Process, Property, and Compelled Access

Republicans often speak strongly about civil liberties, property rights, and government overreach, but tolerate aggressive forfeiture, compelled device access, and law-enforcement revenue incentives. Democrats often speak strongly about algorithmic fairness and benefit access, but can become too comfortable with automated public administration when it promises efficiency. Both parties' gap between rhetoric and action shows in the FAIR Act of 2025 (S. 263, introduced January 27, 2025, by Sen. Rand Paul, R-KY, and Sen. Cory Booker, D-NJ, with seven additional co-sponsors from both parties): it would raise the government's forfeiture burden of proof, end most non-judicial forfeiture, and eliminate equitable-sharing revenue, bipartisan on paper and still stalled in committee more than a year after introduction. The Innovation Party's delta is to bind both sides: government can modernize, but it must show its work before it takes liberty, property, benefits, or compelled access to a person's digital life.