I usually don’t learn much from mainstreamers, and Niel Gorsuch from our current Supreme Court is undoubtedly a mainstream kind of guy. When he wrote a new book that came out at the beginning of August 2024, Over Ruled: The Human Toll of Too Much Law, I wasn’t sure it was worth my time. However, I am very concerned about legal issues these days, and there aren’t too many people with better authority on that subject than Gorsuch, as he is a reasonably recent President Trump pick for the Supreme Court. So I wanted to hear what he had to say on the matter, hoping to get some unusual perspective because of who he is. And I was more than a little impressed with Gorsuch’s book. He is bringing up an important point that I think is the key to the future for at least a decade or two, and that is the problem of over-regulation—a society with too many rules. I would say that I have very intimate knowledge of regulatory environments; at this rate, they threaten to collapse society, not help it flourish. I think the rule of law is crucial to human happiness and invention. But the environment we have these days is a runaway train of bureaucratic lunacy that is bringing great harm to our society. And Neil Gorsuch gets it, even for a mainstreamer. I define mainstreamers as those who care about sports scores at BW3s. Or are more concerned with taking their kids to soccer practice than the strategic future of human civilization. Usually, mainstreamers don’t have much to say that I think is interesting, and I don’t spend much time talking to them. I may be nice to them, but they have little to offer me. I consume vast amounts of information every week, and usually, mainstreamers are too far behind the learning curve to be engaging in any way to me.
However, this topic of over-regulation is good, and being a mainstreamer is a benefit in this case because it lets me know that general people are concerned about this issue, not just people on the fringe of society. When discussing fringe people, we talk about people well outside the social norms. The movie The Matrix refers to those types of people as Red Pillers, people who want the truth for the sake of the fact without all the mechanisms of comfort that are part of the social tapestry. These kinds of people are more concerned with the effects of 5G information waves and how they might scramble the brain than going out of their way to be seen at little Timmy’s birthday party who happens to be a next-door neighbor of parents who just bought a new Tesla and thinks the world is coming to an end with climate change. Many people are so worried about the dumb little things in life that they don’t have room for the big stuff, which is precisely how this horror of too much regulation came about in the first place. We didn’t watch it grow with hands on the brakes, so now we have a society with so many laws that we are all probably breaking them just by getting out of bed in the morning. Our legal system is supposed to be representative, where our elected officeholders create and maintain laws to serve our individual needs. But we have ended up with many laws made by unelected bureaucrats who are personally terrified people who get through the power of government the ability to be in their minds significant, what I call the Mall Cop Syndrome.
President Trump’s policy on regulation, which stipulated that for every new regulation created, the government had to eliminate two, was a step in the right direction. This policy was successful, and the immediate stimulation of our economy was noticeable. The Trump years were good for our society’s growth and undoubtedly beneficial to the concept of Making America Great Again. One of the critical features of my book, The Gunfighter’s Guide to Business, is that risk is the essential ingredient to economic growth, so the kind of people who manage risk well and are very attracted to risk tend to be very successful and create the most jobs for people who are not so inclined. So you want a society that encourages risk by those most inclined to it but limits people from becoming tyrants over others who are more mainstream and less inclined to risky lives and hazardous behavior. You want to encourage risk, not discourage it. And the way the government has grown over the last few decades of globalism that seeks to hide risk behind the power of ever more government expansion, then you end up with the condition we have now, which is too much law and regulation being created by too many people for all the wrong reasons. We have too many Departments of Uselessness that need to be eliminated, defunded, and have their rules and regulations go with them into oblivion. Because they are not suitable for us, which is the essential point of Neil Gorsuch’s book Over Ruled, we must start over with what we expect the government to do for us in many respects. If elected representatives do not manage our rules and regulations, then we must eliminate them as a matter of practice.
We saw the attempt, which continues to be the mode of conduct from the United Nations and the World Economic Forum, to use experts to manage our society. In the case of America, we had our Doctor Doom—Dr. Fauci regarding Covid. Some people, mainly on the Democrat side of thinking, wanted to believe that members of the expert class could and should have our best interests in mind when they create new rules on the back of a napkin as they did with social distancing mandates, air travel restrictions, and mask-wearing policy. And that we were all supposed to obey them without question. The quest for power that gives members of these government agencies, such as the Department of Health, so much control over their peers was too tempting not to abuse, and we saw that nightmare scenario clearly during the COVID crisis. The assumption was that these global experts had legislative power over our American law and order under Constitutional consideration. When pressed through the lens of American courts, Dr. Fauci and Bill Gates seemed perplexed that people were even arguing Constitutional limits on experts-created laws we were all supposed to follow. But of course, once challenged, all the silly rules that global bureaucrats were issuing were not Constitutionally viable, and they were losing in court, as they will continue to. But under those policies are many hundreds of thousands of others just as ridiculous, and a lack of simplicity weighs down our court system, causing the cost of all those silly rules to rob our economy many trillions of lost revenue by lost opportunity cost. If we want to save our society from collapsing under the weight of the timid Mall Cop types who wish to use the power of government to do what they do not dare to do themselves because they are afraid of too much risk, then we need to go in the other direction, toward deregulation as much as possible. In that case, we will massively deregulate, allowing only elected officials to create our society’s laws. The unelected experts of the world have nearly destroyed our very existence, and now that we’ve learned our lesson, it’s time to give them something else to do.
Rich Hoffman
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