Subtitle: The Human Toll of Too Much Law
Neil Gorsuch, associate justice of the Supreme Court for seven years, lays out a few key points:
•
The explosive growth of laws and
regulations purporting to govern every aspect of life in the United States over
the last fifty years.
•
The creation of a federal bureaucracy
to write the regulations, enforce both law and regulation, and review any
complaints or appeals.
o
The bypassing of the constitutional
balance of powers that the founders intended to protect citizens from abuse of
power, by the creation of this all-encompassing bureaucracy.
•
Examples where the legitimate intent
of laws and regulations has been ignored by civil servants (a.k.a. Masters) in
applying them to circumstances far afield from their purpose, showing how
ridiculous people in the bureaus and departments can control and destroy the
lives of others through overreach.
•
The loss of local and state authority
due to federal sovereignty, including the loss of flexibility to tailor laws to
unique local situations.
•
Corporations’ use of legal compliance
to shield themselves from responsibility.
•
What happens when sovereign, unchecked
authority goes off the rails (enforcing evil social or cultural norms, such as
slavery).
My impression from the examples presented by Justice Gorsuch is that they range from human sin to demonic evil, but book does not address the spiritual dimension of governmental overreach. The author does recall historical examples from other times and places in which governmental overreach did not end well (e.g., Nazi Germany). As is appropriate to a lawyer working within our legal system, he ends with a call to begin the political process of reducing the legal and regulatory burden on our citizens. He cites one noteworthy success, the deregulation of the airline industry in 1978.
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