U.S. Supreme Court Justice Neil Gorsuch warned on Fox News on Sunday about how an “explosion” of new laws could affect Americans' freedoms.
Gorsuch spoke with Fox News' Shannon Bream on “Fox News Sunday” to talk about his book, “Over Ruled: The Human Toll of Too Much Law,” which is due for release on Tuesday. During the discussion, Bream brought up the idea that the act is not only “over-regulated” but “over-criminalized,” and Gorsuch agreed that Americans may be committing felonies every day without even realizing it.
“I think that may be true. Some professors say there are so many federal laws and crimes right now that every American over the age of 18 commits a felony every day. And that's happened in my lifetime. From 1970 to now, the number of federal crimes has probably doubled, and that's just the number that are in the United States Code passed by Congress. Federal agencies are busy, so this is just the tip of the iceberg,” Gorsuch said.
“On the one hand, we need laws to protect our freedom and security. On the other hand, too many laws undermine our aspirations for those same freedoms and equality. For who could cope with a world with so many laws? James Madison said that those with money and connections would cope,” Gorsuch continued. “In my 18 years as a judge, I have seen case after case where ordinary Americans who were just trying to live their lives, not hurt anyone, and provide for their families were unexpectedly hit by the law.”
Bream continued to press Gorsuch about his thoughts on regulation, noting that federal agencies have been called the “fourth branch of government,” before reading a passage from the judge's book in which he noted that federal agencies also function as “prosecutors and judges.” (RELATED: Exclusive: Justice Department data confirms conservatives' fears that Biden will weaponize the justice system)
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“The IRS has a hotline. [you’ve] “I have a question. I mean, if you don't want to be a federal criminal, call them. It turns out that at one point they were getting the answer wrong a third of the time. And when they asked, 'Why did you get so many wrong answers?' They said, 'Well, because the IRS code has become so complicated, and we have a lot of new laws.' Our laws are exploding, and it's new, it's different, and it's happening in our lifetime,” Gorsuch said.
The justices went on to say that “trust” among Americans is essential to the survival of democracy, but added that if trust is lost, people will ultimately turn to the state and the law. Justice Bream then asked how an independent judiciary like the Supreme Court can function in the context of “inter-branch conflict.”
“The answer is the Constitution. If that provision is in the Constitution and the other two branches are violating it — violating my right to practice my religion, my right to bear arms, my right to speak freely — then I have an obligation. I took an oath to uphold the Constitution, so even if I don't like the government, you win,” Gorsuch said. “When do I not step in? When the Constitution is silent on the subject. That's for 'We the People' to decide through the democratic process, and isn't that what most of our daily lives are about?”
Gorsuch then added how the Declaration of Independence is “profound” to Americans, saying it details individual “inalienable rights” that “are not given by the government.”
The judge concluded that the problems he addressed in his book could be solved by learning “how to trust each other.”
“We don't need to solve everything in far-flung governments. Sometimes we need to remember what Tocqueville talked about: working together. It means learning to listen as well as talk, to lose as well as win,” Gorsuch said. “It means trusting the people you disagree with and loving this country as much as you do. As my good friend Steve Breyer says, 'If you listen to anybody long enough, you'll find something you can agree on, and maybe we should start there.'”
President Joe Biden said on July 29 that he supports sweeping reforms to the Supreme Court, including proposed term limits for justices and a “binding code of conduct.”
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