President Donald Trump issued a consequential executive order that undermines the power of the federal government to prosecute Americans for obscure rules passed by unelected agencies.
The order, entitled “Fighting Overcriminalization in Federal Regulations,” was issued Friday and limits the federal government from prosecuting Americans for violating regulations without ill intent.
‘It will be of little avail to the people that laws are made by men of their own choice if the laws be so voluminous that they cannot be read, or so incoherent that they cannot be understood.’
“The United States is drastically overregulated. The Code of Federal Regulations contains over 48,000 sections, stretching over 175,000 pages — far more than any citizen can possibly read, let alone fully understand. Worse, many carry potential criminal penalties for violations,” reads the order.
The order calls for federal agencies to make a list of regulations that carry a criminal penalty and make it public within 365 days. It also disfavors prosecutions where there is no evidence of bad intent against the accused, in favor of prosecutions against those who knowingly violated regulations.
The order was praised by those in favor of limiting the power of the federal government, including attorney Laura Powell of Californians for Good Governance.
“The federal regulatory code, spanning 175,000 pages, contains countless criminal offenses — literally countless, as no one knows the exact number,” she explained.
“This lack of clarity violates the due process requirement of fair notice,” she added. “Many offenses are strict liability, meaning you can be convicted even if you were unaware your actions were illegal. This has empowered the administrative state to function as an unaccountable fourth branch, bypassing Congress’s legislative authority.”
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Powell added, “This is a step in the right direction for people who value freedom and the rule of law.”
Steven Nekhaila, the chair of the Libertarian Party, praised the order but said it should only be the beginning of an effort to disentangle the federal regulatory code.
“President Trump’s recent executive order addressing the over-criminalization of federal regulations is a commendable step toward restoring individual liberties and curbing governmental overreach,” wrote Nekhaila.
“However, this executive action should be the beginning, not the end, of efforts to dismantle the labyrinth of federal regulations that infringe upon personal freedoms,” he added. “We urge continued vigilance and action to ensure that laws serve to protect rights rather than punish inadvertent noncompliance.”
The Heritage Foundation noted that James Madison had warned about overcriminalization when he wrote, “It will be of little avail to the people that laws are made by men of their own choice if the laws be so voluminous that they cannot be read, or so incoherent that they cannot be understood.”
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