Steelman · slot B
The Sarbanes-Oxley grouper case
A criminal-justice reformer would argue —Consider John Yates, a Florida fisherman whose home was surrounded by armed federal agents and who lost his livelihood and spent Christmas in prison — prosecuted under a corporate-accounting statute written for Enron, on the theory that undersized red grouper were 'tangible objects' destroyed to obstruct an investigation. This is what happens when Congress adds two to three million words to the federal code each year and the Federal Register balloons from 16 pages to 70,000 annually. Madison feared exactly this proliferation, which is why he made lawmaking hard. Every statute is a restriction on liberty, and when ordinary people intending no harm get swallowed by command-and-control regimes pursued with the very best of intentions, the rule of law collapses into mere rule by law.