President Donald Trump recently issued an executive order to address the injustices caused by the proliferation of federal agency-defined crimes. These regulations have turned the rule of law into a complex web of obscure laws that can ensnare unsuspecting citizens.
One such example is the case of mountain runner Michelino Sunseri, who set a record by ascending and descending Grand Teton in record time. However, he was charged with a misdemeanor for using a trail that the National Park Service had labeled as closed, despite not clearly informing the public of this designation.
The Code of Federal Regulations contains over 48,000 sections spread across 175,000 pages, making it nearly impossible for the average citizen to fully comprehend. Many of these regulations carry potential criminal penalties, with estimates suggesting that at least 300,000 federal agency regulations now carry criminal sanctions.
Trump’s executive order aims to address this issue by instructing federal agencies to explicitly describe conduct subject to criminal punishment under new regulations. The order also calls for the preparation of lists of regulatory violations that can be treated as crimes.
GianCarlo Canaparo, a senior legal fellow at the Heritage Foundation, highlighted the absurdity of some regulatory crimes, such as selling a tufted mattress without burning nine cigarettes on it or selling a small ball across state lines without a warning label.
To combat this overcriminalization, Canaparo argues that Congress should eliminate excessive federal crimes, add mens rea requirements to provisions that lack them, and recognize a defense for individuals who did not realize their conduct was unlawful. Ignorance of the law should not be an excuse when the law itself is so convoluted.
In conclusion, Trump’s executive order represents a step towards addressing the injustices caused by the proliferation of federal agency-defined crimes. By bringing clarity and accountability to the regulatory landscape, the order aims to protect citizens from unwittingly running afoul of obscure laws.
