ASSUME BAD INCENTIVES
Failure is a design input.
A constitutional institution should be able to survive people who dislike its mission, people who want to weaponize it, and insiders who want to protect it from embarrassment.
FAILURE MODE 01Partisan weaponization
Attack: case selection becomes an electoral instrument. Required defense: jurisdiction rules, documented predicates, recusal, multiparty-independent review, publication of aggregate selection metrics and judicial challenge to coercive process.
FAILURE MODE 02Capture by insiders
Attack: permanent staff, contractors or alumni become an informal governing class. Required defense: rotation, hiring controls, conflict rules, external audit, protected internal whistleblowing and post-service limits.
FAILURE MODE 03Mission creep
Attack: public-accountability jurisdiction expands into generalized policing, ideology monitoring or intelligence collection. Required defense: enumerated jurisdiction, anti-surveillance prohibition, sunset review of statutory powers and judicially enforceable standing limits.
FAILURE MODE 04Secrecy becomes self-protection
Attack: confidentiality and classification are invoked to bury mistakes. Required defense: independent classified review, records preservation, misconduct channels, correction logs and the rule that classification protects legitimate secrets, not misconduct.
FAILURE MODE 05Budgetary retaliation
Attack: appropriations are used to punish a named investigation. Required defense: institution-level appropriations, public budget traceability and rules against case-specific funding leverage.
FAILURE MODE 06Institutional bloat
Attack: popularity becomes a mandate to grow indefinitely. Required defense: the hard 10% annual aggregate budget-growth ceiling, external audit and public staffing/contract metrics.