The Human Toll of Too Much Law | Justice Neil Gorsuch

Added: Aug 12, 2024

The Proliferation of Law

Justice Gorsuch begins by highlighting the alarming growth of the U.S. legal code, which has doubled in length since the 1980s. He notes that Congress adds millions of new words to the U.S. code each year, while federal agencies contribute significantly to this expansion through regulations that often go unnoticed by the public. Gorsuch emphasizes that the sheer volume of laws creates a situation where many citizens are unaware of what constitutes legal behavior, leading to unintentional violations. He points out that there are conservative estimates of around 300,000 federal crimes, a stark contrast to the 16 pages of the Federal Register when it was first established a century ago.

The discussion turns to the role of administrative agencies, which Gorsuch criticizes for their lack of accountability. He argues that these unelected regulators often create laws that the public cannot easily navigate, resulting in a legal landscape that favors the wealthy who can afford legal representation. This situation raises questions about the fairness of a system where the average citizen may struggle to understand or comply with the law.

The Roots of Overregulation

Gorsuch traces the roots of this regulatory environment to historical shifts in governance, particularly during the early 20th century. He discusses how the Wilsonian vision of government, influenced by German progressivism, sought to streamline governance through expert-led bureaucracies. This approach, he argues, undermines the foundational principles of American democracy, which were designed to empower citizens and local communities. The framers of the Constitution, particularly James Madison, understood the dangers of concentrated power and sought to create a system of checks and balances to prevent tyranny.

The conversation also touches on the decline of social capital in American society. Gorsuch posits that as communities have become more fragmented and trust in one another has diminished, the reliance on laws to govern behavior has increased. He notes that in a society where individuals trust each other, there is less need for extensive legal frameworks. However, as social bonds weaken, the temptation to fill the void with regulations grows, leading to an overreliance on law.

The Human Cost of Regulation

Throughout the discussion, Gorsuch emphasizes that the book is not merely about statistics and legal theory; it is fundamentally about the people affected by these laws. He shares poignant stories of individuals who have faced the harsh realities of overregulation. One such story involved a magician named Marty Han, who found himself entangled in federal regulations simply for performing magic tricks with a rabbit. The absurdity of the situation highlights how regulations can become so convoluted that they ensnare innocent individuals in legal troubles.

Gorsuch also recounts the experiences of monks in Louisiana who sought to enter the casket business after Hurricane Katrina. They faced significant hurdles due to licensing requirements imposed by the state, which had been captured by the funeral industry. These stories serve as a reminder of the real-world consequences of excessive regulation, where ordinary citizens are often left to navigate a labyrinthine legal system that seems designed to protect established interests rather than serve the public.

The Role of the Judiciary

As a Supreme Court Justice, Gorsuch discusses the judiciary's role in this complex landscape. He explains that the court's primary function is to resolve disputes and ensure that laws are applied consistently across the country. The Supreme Court serves as a check on the powers of the legislative and executive branches, ensuring that laws do not infringe upon individual rights. Gorsuch emphasizes the importance of having a neutral judiciary that is not beholden to political pressures, allowing for fair adjudication of cases.

The conversation also touches on the recent reversal of Chevron deference, a legal doctrine that allowed federal agencies to interpret ambiguous laws. Gorsuch argues that this change is crucial for maintaining the separation of powers and preventing the concentration of legislative, executive, and judicial authority within a single agency. He expresses concern that when agencies are allowed to both create and enforce laws, it undermines the rule of law and the rights of individuals.

Civic Education and the Future

Gorsuch underscores the importance of civic education in addressing the challenges posed by overregulation. He laments that many Americans lack a basic understanding of their government and the principles underlying the Constitution. He advocates for educational initiatives that teach young people about the structure of government, the significance of civic engagement, and the value of civil discourse. Gorsuch believes that fostering a culture of understanding and respect for differing opinions is essential for a functioning democracy.

He points to various organizations and resources that provide educational materials on the Constitution and civic responsibility. Gorsuch emphasizes that the responsibility for change lies not only with the judiciary but also with the American people. He expresses hope that citizens can reclaim their power by advocating for reforms that reduce unnecessary regulations and promote accountability in government.

A Message of Hope

Despite the challenges facing the American legal system, Gorsuch remains optimistic about the resilience of the American people. He shares stories of individuals who have fought against unjust regulations and succeeded in effecting change. These narratives serve as a testament to the enduring spirit of Americans who are willing to stand up for their rights and challenge the status quo.