The Human Toll of Too Much Law | Justice Neil Gorsuch
Aug 11, 2024
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Justice Neil Gorsuch, a Supreme Court Justice and author, discusses his book on the implications of an expanding federal criminal code. He highlights how excessive regulations entangle everyday Americans, sharing real-life stories of those affected. Gorsuch examines the balance between individual rights and government control, emphasizing the need for civic education to empower citizens. He remains optimistic about the future, illustrating resilience through personal anecdotes and advocating for reforms that help restore public trust in the legal system.
Justice Gorsuch emphasizes the adverse effects of overregulation on everyday Americans, illustrating how convoluted laws disrupt their livelihoods.
The podcast highlights the historical shift towards an expansive regulatory state, urging the importance of civic engagement to restore accountability.
Deep dives
The Intrusiveness of Law in Everyday Life
The growing complexity of the legal system has become increasingly intrusive in the lives of everyday Americans. Over the past few decades, the U.S. legal code has doubled in length, adding millions of new words each year, causing ordinary citizens to encounter legal challenges that are often unexpected and perplexing. For instance, federal regulatory schemes can impose extensive obligations, sometimes leading to absurd situations such as a magician being required to have a license simply for performing his act. Such examples highlight the often overwhelming and obscure nature of laws that govern daily life, raising concerns about access to justice and accountability.
The Erosion of Social Capital and Trust
An increase in law and regulation often correlates with a decline in social capital and trust within communities. When societal ties weaken, individuals may rely more on formal laws to govern interactions, instead of the traditional social norms that previously guided behavior. This shift creates a context where legislation attempts to fill the void left by diminished personal connections, leading to complex legal frameworks. Ultimately, such a reliance on law can exacerbate feelings of distrust toward government institutions and diminish the effectiveness of legal accountability.
The Historical Roots of Bureaucratic Expansion
The proliferation of laws and regulations can be traced back to foundational changes in governance philosophies, particularly those emerging in the early 20th century. Influenced by German progressivism, figures like Woodrow Wilson championed governance by experts, proposing an administrative state that functioned outside the traditional checks and balances established by the Constitution. This marked a significant departure from the framers' vision, where authority was meant to be distributed across multiple levels of government. The implications of this shift are profound, leading to a modern legal landscape where agencies wield expansive regulatory power, often unchallenged.
Restoring Civic Engagement and Legislative Accountability
To address the challenges posed by an overreaching legal system, there is a pressing need for renewed civic engagement and education among the populace. Civic education can empower citizens to understand their rights and responsibilities while fostering open dialogue and disagreement as part of the democratic process. At the state and local levels, recent legislative initiatives reflect a growing recognition of the need to reduce unnecessary regulations and empower individuals. Examples include efforts to eliminate excessive licensing requirements, showcasing that reforms can be achieved through active citizen participation and legislative accountability.
In this episode of the Sunday Special, Supreme Court Justice Neil Gorsuch joins us to discuss his latest book, "Over Ruled: The Human Toll of Too Much Law." With his signature judicial clarity, Justice Gorsuch explores the effects of our government’s expanding federal criminal code and the real-world consequences when seemingly innocuous activities entangle citizens with federal law. Justice Gorsuch shares the stories of Americans whose livelihoods have been negatively impacted by overregulation, and why he remains an “incorrigible optimist” about the future of our nation. This conversation is essential listening from one of our country’s sharpest legal minds!
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