By Attorney Jonathan Emord
January 18, 2010
As a general rule, where law advances, freedom retreats. A nation possessed of a never ending complex of laws proscribing conduct cannot be a free state or, if new to the journey, a free state for long. We are becoming a nation noteworthy for its abundance of regulation, a massive labyrinth of law so constricting that it suffocates nascent businesses before they can compete in the market and forces out of the market all but those who can afford the lawyers, accountants, and risk managers necessary to stay ahead of the inventive agency heads or members of Congress.
If grave stones dotted the landscape for every business that has succumbed due to over-regulation, we would see the following content engraved on hundreds of thousands of them: Here lies Business X that died from regulatory strangulation at a very young age.
When federal regulations prohibit or channel nearly every commercial activity, it requires an extensive legal education just to understand what can and cannot be done. Such regulation depends on prior restraint and vastly exceeds common knowledge. When seemingly innocuous behavior is criminalized, the innocent become criminals. Federal and state regulations now achieve that end.
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