WSJ Historically Speaking: When Justice Drowns in the Law



In “The Federalist Papers,” No. 62, James Madison warned his readers against drawing up laws that were unnecessarily dense or complicated: “It will be of little avail to the people…if the laws be so voluminous that they cannot be read, or so incoherent that they cannot be understood.”

Congress largely heeded Madison’s advice until World War II, when the average bill was still only 21/2 pages long. But today, 1,000-page spending bills routinely pass through Congress. President Bush’s 2007 budget bill counted 1,482 pages, while the 2010 Affordable Care Act ended up at almost 1,000 pages.

According to Philip Howard, the author of “The Rule of Nobody: Saving America from Dead Laws and Broken Government,” the chief problem with laws that rival “War and Peace” in length is that the rule of law suffers. Instead of being the facilitator for civil society, he warns, the law can become an instrument of paralysis.

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