Overproduction of Laws (Editorial)
Abendpost, Sept. 18, 1935
Recently mathematically gifted officials of the Government figured that Congress passed 976 laws during the last session. Some people, especially certain specialists in the various administrative departments of the Federal Government, and the members of the respective Congressional committees, have a more or less vague knowledge of some of these laws. The many millions of Americans, however, who are directly affected by these Congressional acts, do not know them, nor have they the least intention of learning to know them; nor are they at all troubled about their lack of knowledge in this respect. They know from experience that these laws will be forgotten after some time and will find a quiet resting place in the well-bound volumes that ornament the libraries of greedy lawyers and judges.
Since the average American is endowed with an innate and carefully nursed 2aptitude for consistently and thoroughly disregarding laws, this senseless overproduction of legislation will do comparatively little damage. The root of the evil lies in the fact that each senator and each representative endeavors to have as many laws as possible enacted. About 13,000 bills were introduced during the last session. Even the diligent statisticians of the respective departments [cannot] establish the exact number.
Then too, the legislative methods used here are much different from those followed in other countries. The German civil code, for instance, is but a very modest volume but it was accepted by the Reichstag, at the turn of the century, only after years of careful preliminary work had been done by first-class jurists. Until lately this code served as a foundation for all civil legislation of Germany. A similar procedure was followed in other civilized countries--with like results. American legislation, on the other hand, is usually bungled. In nearly every session Congress passes one or more amendments, adding provisions to some laws and eliminating allegedly objectionable features from others and thus creating contradictions or loopholes.
3Daniel W. McCormack, chairman of the Department of Immigration, made the following startling statement a few days ago: "Under the present law any judge can prevent the deportation of a foreign criminal. However, even the President cannot prevent the deportation of an alien who is not a criminal." No normal person can see any sense in that, yet it is the law. And this is by no means the only example of grotesque nonsense to be found in American legislation. Our country has accepted a constitutional amendment that is supposed to stop the abuse of alcoholic liquor, and Congress has provided the necessary means of enforcing this law, by enacting the Volstead Act. The result was that people who formerly drank harmless beer were driven to drink moonshine, and that our entire liquor industry was delivered lock, stock, and barrel to professional criminals. New York passed the Sullivan Law, which prohibits the possession of guns. The result was that law-abiding citizens gave up their arms, while criminals kept theirs, placing the latter at a double advantage. Again, lotteries are illegal in all states, and most communities try to suppress them. Yet only a few months ago the Governor of our State found it necessary to veto a bill which provided for legalization of gambling. However, 4everybody in our country knows very well that bets are placed on races and that nearly every other form of gambling is rampant. And in Chicago almost every tavern, playhouse, and even many drugstores operate some kind of game of chance. Americans have a peculiar ability to enact legislation that accomplishes the opposite of what it is intended to accomplish.
