EC[ON]OMY

 Legal Chaos in America

In recent decades the U.S. legislative system has expanded and become more complicated at an unprecedented level.

This process puts considerable pressure on citizens, businesses, and the legal system itself. Each year the number of new laws and regulations grows rapidly, and as a result, people increasingly find themselves in complex and absurd situations without even realizing they are violating the law.

In the early 20th century all federal laws could fit into a single volume. By 2018, their volume had increased to 54 volumes and 60,000 pages. Over the last ten years, the U.S. Congress has passed an average of 344 new laws annually, adding 2 to 3 million words to the country’s legal base. This flood of legislation complicates the lives of ordinary citizens, making it increasingly difficult to navigate the legal landscape.

It’s not just the number of laws that has increased, but also their length. In the 1950s, the average law was only two pages long, but today it spans 18 pages. For example, the “No Child Left Behind Act” (2001) is over 600 pages, and the Affordable Care Act (2010) is nearly 1,000 pages. The Consolidated Appropriations Act (2021), which included COVID-19 relief measures, reached more than 5,000 pages. This massive bill included not only pandemic relief provisions but also regulations on horse racing and U.S. foreign policy regarding Tibet.

However, these laws are just the tip of the iceberg. Federal agencies, such as the EPA (Environmental Protection Agency) and FDA (Food and Drug Administration), publish tens of thousands of new regulations each year, which have the force of law. The Federal Register, which began with 16 pages in 1936, now publishes more than 70,000 pages of new regulations annually. By 2021, the Code of Federal Regulations had grown to over 188,000 pages.

There are so many regulations that even federal agencies cannot accurately determine how many rules they have. For example, different sources estimate the number of U.S. federal agencies to be anywhere between 115 and 436, adding even more confusion to the legal system.

This legal overload puts a heavy burden on the lives of ordinary citizens. An example is the story of fisherman John Yates, who was prosecuted under the Sarbanes-Oxley Act, a law designed to combat financial crimes. Yates was accused of destroying “evidence” in the form of fish that an inspector deemed too small. Even though the minimum fish size regulation was later changed, Yates faced years of legal battles, lost his job, and was sent to prison. His story shows how laws intended for one purpose can be misapplied in completely different contexts, turning everyday activities into potential criminal offenses.

Another example is from New York, where opening a restaurant requires navigating through 11 city agencies, obtaining 30 permits, and passing 23 inspections. These bureaucratic hurdles make it nearly impossible for many entrepreneurs to run a business.

The effects of excessive regulation are felt in everyday life across the board. For instance, in Massachusetts, it’s illegal to perform the U.S. national anthem as part of a musical medley, and in Virginia, hunting bears with dogs is prohibited on Sundays. These petty laws erode citizens’ trust in the legal system, as many are unaware of such rules and don’t understand their necessity.

The explosive growth of federal laws has led to increased control over citizens’ daily lives. Issues that were once decided at the local or state level are now regulated federally. For example, the U.S. Department of Education, which didn’t exist before 1979, now employs over 4,000 people and has a budget of nearly $70 billion. While this money is distributed to states and local schools, they must comply with growing federal mandates.

The consequences of having too many laws are clear: citizens and businesses are finding it increasingly difficult to know and comply with all the regulations. The system has become so complex that even minor mistakes can lead to criminal prosecution, as seen in the case of John Yates.

Conclusion

The U.S. legal system faces significant challenges due to the excessive growth of laws and regulations. This overload complicates citizens’ lives, forcing them to comply with numerous, often unnecessary, and outdated rules. A revision of the legislative process is needed to ensure that laws become clearer, more understandable, and fairer. Without these changes, the country risks further eroding trust in the legal system and increasing social tensions.

Prepared by: Alen Serikov

expert at Economy.kz portal

 

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