What is it about human nature and the need to make rule and regulation? Some of it may stem from an aversion to what is unknown. Rather than accept what goes up must come down, a great thinker may be compelled to document the law of gravity. As opposed to accepting that planetary bodies move about a celestial star, a brilliant astronomic mind studies relationships between shape, speed and size of orbit and groups these findings into the laws of planetary motion. Understanding that his creator set forth laws governing the natural world, man may take solace in establishing proper policies to govern mankind’s social institutions.
But there can be too much of good thing. On January 1, 2012, nearly 40,000 new state and local laws came into effect in the United States. Depending on perspective, each new law can be seen as reasonable and with good intention. Many reflect modern concerns about minors being able to schedule an abortion without parental consent, deterring businesses from hiring illegal immigrants or punishing those who use text messaging while driving operating a motor vehicle. Even so, doesn’t 40,000 new laws seem excessive? These new additions are in addition to some already dubious statutes.
For example, an Alabama state law was put on the books to discourage the urge to wrestle bears (I was just in Alabama almost challenged a bear to mixed martial art match; thank God my good judgment eventually prevailed). Wisconsin statute 97.18(4) makes illegal to serve margarine as a butter substitute unless the staff receives a specific request from the patron (I suppose Wisconsin is serious about dairy). A Nevada sale of sexual paraphernalia law states...it shall be unlawful for any person to sell, offer to sell or display for sale any device, including but not limited to dildos and artificial vaginae, designed or marketed as useful primarily for the stimulation of human genital organs (If we move to Nevada, my marriage is doomed; just kidding, honey).
Many laws like these may be rarely enforced, or are relics from eras gone by. Still, there is reason for concern. If such silly statutes can make it to the books, it is safe to say that almost anything can achieve legislation. Dubious laws often reflect a knee-jerk reaction that represents citizens’ popular will, but what if popular will becomes unreasonable? Our country may become stronger if we begin to look at laws with a “less is more” approach and maintain that an excess of laws ultimately limits our freedom. The next time a you consider a ballot initiative or state constitutional amendment it may be wise to ask, “Does allowing an activity, that I do not necessarily agree with, possibly break my arm or pick my pocket, or take a voice away from voiceless?” Popular will should be heard; but turning every impulse into written public statute risks choosing law over liberty.
