In our chapter on bureaucracy, we quote James Madison's warning about "laws be so voluminous that they cannot be read, or so incoherent that they cannot be understood."
How many federal crimes exist? It seems like a straightforward question, but even the Congressional Research Service ultimately gave up when they tried to answer it. Attempted studies estimate there are nearly 5,000 federal crimes in statute (passed by Congress) and likely between 300,000 and 400,000 federal crimes in the regulatory code, promulgated by federal agency rules and published in the Federal Register. Both types hold the full weight of the law to enforce and prosecute.
Considering that our Constitution outlines only three crimes—treason, piracy, and counterfeiting—and the first federal criminal law, the Crimes Act of 1790, outlined a whopping 23 separate crimes, it is safe to say we have deviated dramatically from the system our founding fathers envisioned.
In fact, many argue that the extreme level of criminalization found in our federal code turns average Americans into criminals, unbeknownst to them, presenting a significant threat to liberty and prosperity. To make matters worse, most of these crimes are not even remotely what most Americans would consider dangerous offenses. Renowned author of “How to Become a Federal Criminal,” Mike Chase, humorously but sadly reveals the nature of many of these crimes on the social platform X at @CrimeADay, including such things as selling “Swiss cheese” without holes, offering to buy swan feathers to make a woman’s hat, or riding a manatee.
