Regulation Run Amok—And How to Fight Back
11th May 2015
Charles Murray lays it out.
It was our boast that in America, unlike in any other country, you could live your life as you saw fit as long as you accorded the same liberty to everyone else. The “sum of good government,” as Thomas Jefferson put it in his first inaugural address, was one “which shall restrain men from injuring one another” and “shall leave them otherwise free to regulate their own pursuits of industry and improvement.” Americans were to live under a presumption of freedom.
That was then, this is now.
We now live under a presumption of constraint. Put aside all the ways in which city and state governments require us to march to their drummers and consider just the federal government. The number of federal crimes you could commit as of 2007 (the last year they were tallied) was about 4,450, a 50% increase since just 1980. A comparative handful of those crimes are “malum in se”—bad in themselves. The rest are “malum prohibitum”—crimes because the government disapproves.
A useful distinction that nobody remembers any more. The worst thing you can say about any activity in these degenerate modern times is that it is ‘unregulated’.
It gets worse. If a regulatory agency comes after you, forget about juries, proof of guilt beyond a reasonable doubt, disinterested judges and other rights that are part of due process in ordinary courts. The “administrative courts” through which the regulatory agencies impose their will are run by the regulatory agencies themselves, much as if the police department could make up its own laws and then employ its own prosecutors, judges and courts of appeals.
And God help you if you don’t get with the current political program.
Workers in government offices are often governed by such strict job descriptions that chipping in to help out a co-worker or to take the initiative breaks the rules—and can even get them fired, as in the case of a Florida lifeguard who rescued a person who was drowning just outside the lifeguard’s assigned zone.