The Tyranny of Veloumonus Laws

Jefferson's Warning Against Excess Legislation

In the early years of the American Republic, the founding fathers were acutely aware of the dangers posed by excessive and complex legislation. Thomas Jefferson, one of the most vocal critics of legislative overreach, warned against the perils of an overactive legislative body. His admonitions, grounded in a profound understanding of human nature and the principles of liberty, are even more pertinent today as we struggle with the consequences of an ever-expanding legal and regulatory framework.

A Mountain of LegislationPhoto byAI Generated

Jefferson's Perspective on Veloumonus Laws

Jefferson's concerns about veloumonus, or overly verbose, laws are well documented. He understood that complex laws ensnare the average citizen in a web of legal obligations that are nearly impossible to fully comprehend or adhere to. In a letter to Samuel Kercheval in 1816, Jefferson famously stated:

"Laws are made for men of ordinary understanding and should, therefore, be construed by the ordinary rules of common sense. Their meaning is not to be sought for in metaphysical subtleties which may make anything mean everything or nothing at pleasure."

This principle underscores the necessity of simplicity and clarity in legislation. Jefferson recognized that laws should be accessible to all citizens, not just those with specialized legal training. When laws become too verbose or complicated, they no longer serve the people but instead become instruments of oppression, manipulated by those in power to advance their own agendas.

But Jefferson's critique extended beyond the form of the laws to their sheer volume. He feared that an overabundance of laws would erode liberty itself. In his letter to Destutt de Tracy in 1811, Jefferson articulated this concern:

"It will be of little avail to the people that the laws are made by men of their choice if the laws be so voluminous that they cannot be read, or so incoherent that they cannot be understood; if they be repealed or revised before they are promulgated, or undergo such incessant changes that no man who knows what the law is today can guess what it will be tomorrow."

This prophetic observation speaks directly to the modern condition of American governance. The sheer volume of laws passed by federal, state, and local governments has reached a staggering scale. Citizens, businesses, and even lawmakers themselves struggle to keep pace with the ever-changing legal landscape.

Modern Examples of Legislative Overreach

To appreciate the magnitude of the problem Jefferson warned about, we need only look at several aspects of modern American governance:

1. The Federal Register and Executive Agencies: The Federal Register, which contains all executive orders, proposed rules, and final rules published by federal agencies, is a testament to the explosion of executive power. In 2021, the Federal Register ran over 74,000 pages, reflecting the vast number of regulations imposed by unelected bureaucrats. The growth of federal agencies, such as the Environmental Protection Agency (EPA) and the Food and Drug Administration (FDA), has led to an administrative state where decisions that affect millions of lives are made without direct accountability to the electorate. This administrative overreach exemplifies Jefferson’s fear of a "government of wolves over sheep."
2. The U.S. Tax Code: The complexity of the U.S. tax code is another glaring example. The Internal Revenue Code, which outlines federal tax laws, is over 6,500 pages long, not including IRS regulations, revenue rulings, and other tax-related materials. When all the guidance, regulations, and statutes are included, the length reaches over 70,000 pages. For the average American or small business owner, navigating this labyrinthine system is nearly impossible without expensive professional assistance, thus disproportionately benefiting the wealthy and well-connected, who can afford the best accountants and lawyers.
3. Starting a Business: The bureaucratic hurdles to starting a business in the United States have become increasingly onerous. Depending on the state, an entrepreneur must navigate a complex web of permits, licenses, and regulations before they can even open their doors. For instance, in California, a state known for its regulatory burden, starting a small restaurant can require over 20 different permits and inspections, ranging from health department approvals to local zoning compliance. This regulatory overreach stifles innovation and disproportionately impacts small businesses, which lack the resources to manage such complexity.

These examples illustrate the modern manifestation of veloumonus laws. Jefferson’s warnings about legislative overreach are not just historical footnotes but a pressing concern in today’s governance.

The Consequences of Legislative Overreach

The consequences of excessive legislation are far-reaching and deeply detrimental to the fabric of a free society. Jefferson understood that an overabundance of laws not only burdens the citizenry but also concentrates power in the hands of the few who can navigate and exploit the complexity. This creates an environment ripe for corruption, where justice is not a matter of right or wrong but of who has the best legal representation or the most influence over lawmakers.

Moreover, excessive legislation leads to the proliferation of government agencies and bureaucracies tasked with enforcing these laws. The explosion of executive offices and administrative agencies, with their myriad regulations, represents a significant shift in power away from the people and toward an unelected and often unaccountable class of officials. Jefferson's fear of a "government of wolves over sheep" is realized in the modern administrative state, where the sheer complexity of the legal code grants immense discretionary power to bureaucrats.

This concentration of power is antithetical to the principles of limited government and individual liberty that Jefferson and his contemporaries fought to establish. In his "Notes on the State of Virginia," Jefferson warned:

"The natural progress of things is for liberty to yield and government to gain ground."

This gradual encroachment of government power is facilitated by the relentless march of legislative overreach. As the legal code grows, so too does the power of those who administer it, often at the expense of the very liberties that government is meant to protect.

The Path Back to Constitutional Principles

The solution to this problem lies in a return to the constitutional principles that Jefferson championed. The Constitution was designed to limit the powers of government, not to empower it to legislate every aspect of human life. The founders understood that a government that governs least governs best, and that the role of legislation should be to protect the rights of individuals, not to dictate the minutiae of their daily lives.

To combat the dangers of veloumonus laws, several steps must be taken. First, there must be a concerted effort to simplify existing laws, stripping them of unnecessary complexity and ensuring that they are written in clear, understandable language. This process would involve repealing or consolidating redundant or outdated laws, reducing the overall volume of legislation.

Second, the legislative process itself must be reformed to discourage the passage of unnecessary laws. One approach could be to require a supermajority for the passage of any new law, ensuring that only those laws with broad, bipartisan support are enacted. Additionally, sunset clauses could be implemented for most laws, requiring periodic review and reauthorization to prevent the accumulation of outdated or obsolete regulations.

Finally, the role of the judiciary must be reinforced as a check on legislative overreach. Courts should be vigilant in striking down laws that are overly complex or that infringe on the rights of individuals. This would require a return to a more originalist interpretation of the Constitution, where judges prioritize the intent of the framers over modern-day legal theories or the demands of contemporary political expediency.

Jefferson's Enduring Legacy

Thomas Jefferson's warnings against veloumonus laws and legislative excess remain as relevant today as they were in the early 19th century. His vision of a government that is transparent, accountable, and limited in its scope is one that we must strive to realize if we are to preserve the liberties that he and the other founders fought so hard to secure.

As we navigate the complexities of modern governance, we would do well to remember Jefferson's admonition that laws must serve the people, not enslave them. By returning to the principles of simplicity, clarity, and restraint in legislation, we can begin to unwind the tangled web of laws that threaten our freedom and reclaim the spirit of liberty that defines the American Republic.

In the words of Jefferson himself:

"The legitimate powers of government extend to such acts only as are injurious to others. But it does me no injury for my neighbor to say there are twenty gods, or no god. It neither picks my pocket nor breaks my leg."

Let us ensure that our laws reflect this wisdom, focusing on the protection of individual rights and the preservation of liberty, rather than the relentless expansion of government power.