Nothing Outside the State: Part II

In a recent post at The Beacon, I sketched the vast expanse of economic and social life that state functionaries (at all levels and in all departments and agencies of government) reach by their direct participation, regulation, surveillance, or manipulation by means of taxes and subsidies. No such sketch, however, can convey the actual mass of the government’s engagement in areas and aspects of life where private individuals and institutions once had decision-making discretion.

Because the full substance of the government’s actions is much too vast for any single person to grasp, I have sometimes found it helpful simply to list government agencies, laws, or regulations that contribute to the enormous aggregate that composes the state (see, for example, the appendices of my book Crisis and Leviathan). This tactic recommended itself to me recently as I was tracking down a statute in the U.S. Code, the official compilation of all federal laws currently in force.

The U.S. Code consists of 50 “titles.” It is published every six years, and in the interim between editions an annual cumulative collection of supplements is published to keep it up to date. Here is the present makeup:

• Title 1, General Provisions
• Title 2, The Congress
• Title 3, The President
• Title 4, Flag and Seal, Seat of Government, and the States
• Title 5, Government Organization and Employees
• Title 5, Government Organization and Employees — Appendix
• Title 6, Domestic Security
• Title 7, Agriculture
• Title 8, Aliens and Nationality
• Title 9, Arbitration
• Title 10, Armed Forces
• Title 11, Bankruptcy
• Title 11, Bankruptcy — Appendix
• Title 12, Banks and Banking
• Title 13, Census
• Title 14, Coast Guard
• Title 15, Commerce and Trade
• Title 16, Conservation
• Title 17, Copyrights
• Title 18, Crimes and Criminal Procedure
• Title 18, Crimes and Criminal Procedure — Appendix
• Title 19, Customs Duties
• Title 20, Education
• Title 21, Food and Drugs
• Title 22, Foreign Relations and Intercourse
• Title 23, Highways
• Title 24, Hospitals and Asylums
• Title 25, Indians
• Title 26, Internal Revenue Code
• Title 27, Intoxicating Liquors
• Title 28, Judiciary and Judicial Procedure
• Title 28, Judiciary and Judicial Procedure — Appendix
• Title 29, Labor
• Title 30, Mineral Lands and Mining
• Title 31, Money and Finance
• Title 32, National Guard
• Title 33, Navigation and Navigable Waters
• Title 34, Navy (Repealed)
• Title 35, Patents
• Title 36, Patriotic Societies and Observances
• Title 37, Pay and Allowances of the Uniformed Services
• Title 38, Veterans’ Benefits
• Title 39, Postal Service
• Title 40, Public Buildings, Property, and Works
• Title 41, Public Contracts
• Title 42, The Public Health and Welfare
• Title 43, Public Lands
• Title 44, Public Printing and Documents
• Title 45, Railroads
• Title 46, Shipping
• Title 47, Telegraphs, Telephones, and Radiotelegraphs
• Title 48, Territories and Insular Possessions
• Title 49, Transportation
• Title 50, War and National Defense
• Title 50, War and National Defense — Appendix

As you might suspect, some of the titles are relatively small, dealing with a limited range of subjects (for example, Title 14, Coast Guard, and Title 44, Public Printing and Documents), whereas others are vast (for example, Title 15, Commerce and Trade, and Title 50, War and National Defense). In my recent search, I happened to be looking for something in one of the gigantic titles, Title 42, The Public Health and Welfare. If a government is going to operate a welfare state, as ours does, then it is certain to create an immense mass of laws associated with this area of operation.

Title 42 contains 151 chapters:

• CHAPTER 1–THE PUBLIC HEALTH SERVICE
• CHAPTER 1A–THE PUBLIC HEALTH SERVICE; SUPPLEMENTAL PROVISIONS
• CHAPTER 2–SANITATION AND QUARANTINE
• CHAPTER 3–LEPROSY
• CHAPTER 3A–CANCER
• CHAPTER 4–VIRUSES, SERUMS, TOXINS, ANTITOXINS, ETC.
• CHAPTER 5–MATERNITY AND INFANCY WELFARE AND HYGIENE
• CHAPTER 6–THE CHILDREN’S BUREAU
• CHAPTER 6A–PUBLIC HEALTH SERVICE
• CHAPTER 7–SOCIAL SECURITY
• CHAPTER 7A–TEMPORARY UNEMPLOYMENT COMPENSATION PROGRAM
• CHAPTER 8–LOW-INCOME HOUSING
• CHAPTER 8A–SLUM CLEARANCE, URBAN RENEWAL, AND FARM HOUSING
• CHAPTER 8B–PUBLIC WORKS OR FACILITIES
• CHAPTER 8C–OPEN-SPACE LAND
• CHAPTER 9–HOUSING OF PERSONS ENGAGED IN NATIONAL DEFENSE
• CHAPTER 10–FEDERAL SECURITY AGENCY
• CHAPTER 11–COMPENSATION FOR DISABILITY OR DEATH TO PERSONS EMPLOYED AT MILITARY, AIR, AND NAVAL BASES OUTSIDE UNITED STATES
• CHAPTER 12–COMPENSATION FOR INJURY, DEATH, OR DETENTION OF EMPLOYEES OF CONTRACTORS WITH UNITED STATES OUTSIDE UNITED STATES
• CHAPTER 13–SCHOOL LUNCH PROGRAMS
• CHAPTER 13A–CHILD NUTRITION
• CHAPTER 14–DEVELOPMENT AND CONTROL OF ATOMIC ENERGY
• CHAPTER 15–DISASTER RELIEF
• CHAPTER 15A–RECIPROCAL FIRE PROTECTION AGREEMENTS
• CHAPTER 15B–AIR POLLUTION CONTROL
• CHAPTER 16–NATIONAL SCIENCE FOUNDATION
• CHAPTER 16A–GRANTS FOR SUPPORT OF SCIENTIFIC RESEARCH
• CHAPTER 16B–CONTRACTS FOR SCIENTIFIC AND TECHNOLOGICAL RESEARCH
• CHAPTER 17–FEDERAL EMPLOYMENT SERVICE
• CHAPTER 18–YOUTH MEDALS
• CHAPTER 19–SALINE AND SALT WATERS
• CHAPTER 19A–WATER RESOURCES RESEARCH PROGRAM
• CHAPTER 19B–WATER RESOURCES PLANNING
• CHAPTER 20–ELECTIVE FRANCHISE
• CHAPTER 20A–CIVIL RIGHTS COMMISSION
• CHAPTER 21–CIVIL RIGHTS
• CHAPTER 21A–PRIVACY PROTECTION
• CHAPTER 21B–RELIGIOUS FREEDOM RESTORATION
• CHAPTER 21C–PROTECTION OF RELIGIOUS EXERCISE IN LAND USE AND BY INSTITUTIONALIZED PERSONS
• CHAPTER 21D–DETAINEE TREATMENT
• CHAPTER 22–INDIAN HOSPITALS AND HEALTH FACILITIES
• CHAPTER 23–DEVELOPMENT AND CONTROL OF ATOMIC ENERGY
• CHAPTER 24–DISPOSAL OF ATOMIC ENERGY COMMUNITIES
• CHAPTER 25–FEDERAL FLOOD INSURANCE
• CHAPTER 26–NATIONAL SPACE PROGRAM
• CHAPTER 26A–NATIONAL SPACE GRANT COLLEGE AND FELLOWSHIP PROGRAM
• CHAPTER 26B–BIOMEDICAL RESEARCH IN SPACE
• CHAPTER 27–LOAN SERVICE OF CAPTIONED FILMS AND EDUCATIONAL MEDIA FOR HANDICAPPED
• CHAPTER 28–AREA REDEVELOPMENT PROGRAM
• CHAPTER 29–JUVENILE DELINQUENCY AND YOUTH OFFENSES CONTROL
• CHAPTER 30–MANPOWER DEVELOPMENT AND TRAINING PROGRAM
• CHAPTER 31–PUBLIC WORKS ACCELERATION PROGRAM
• CHAPTER 32–THIRD PARTY LIABILITY FOR HOSPITAL AND MEDICAL CARE
• CHAPTER 33–COMMUNITY MENTAL HEALTH CENTERS
• CHAPTER 34–ECONOMIC OPPORTUNITY PROGRAM
• CHAPTER 35–PROGRAMS FOR OLDER AMERICANS
• CHAPTER 35A–COMMUNITY SERVICE EMPLOYMENT FOR OLDER AMERICANS
• CHAPTER 36–COMPENSATION OF CONDEMNEES IN DEVELOPMENT PROGRAMS
• CHAPTER 37–COMMUNITY FACILITIES AND ADVANCE LAND ACQUISITION
• CHAPTER 38–PUBLIC WORKS AND ECONOMIC DEVELOPMENT
• CHAPTER 39–SOLID WASTE DISPOSAL
• CHAPTER 40–SOIL INFORMATION ASSISTANCE FOR COMMUNITY PLANNING AND RESOURCE DEVELOPMENT
• CHAPTER 41–DEMONSTRATION CITIES AND METROPOLITAN DEVELOPMENT PROGRAM
• CHAPTER 42–NARCOTIC ADDICT REHABILITATION
• CHAPTER 43–DEPARTMENT OF HEALTH AND HUMAN SERVICES
• CHAPTER 44–DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
• CHAPTER 45–FAIR HOUSING
• CHAPTER 46–JUSTICE SYSTEM IMPROVEMENT
• CHAPTER 47–JUVENILE DELINQUENCY PREVENTION AND CONTROL
• CHAPTER 48–GUARANTEES FOR FINANCING NEW COMMUNITY LAND DEVELOPMENT
• CHAPTER 49–NATIONAL HOUSING PARTNERSHIPS
• CHAPTER 50–NATIONAL FLOOD INSURANCE
• CHAPTER 51–DESIGN AND CONSTRUCTION OF PUBLIC BUILDINGS TO ACCOMMODATE PHYSICALLY HANDICAPPED
• CHAPTER 52–INTERGOVERNMENTAL COOPERATION
• CHAPTER 52A–JOINT FUNDING SIMPLIFICATION
• CHAPTER 53–ADVISORY COMMISSION ON INTERGOVERNMENTAL RELATIONS
• CHAPTER 54–CABINET COMMITTEE ON OPPORTUNITIES FOR SPANISH-SPEAKING PEOPLE
• CHAPTER 55–NATIONAL ENVIRONMENTAL POLICY
• CHAPTER 56–ENVIRONMENTAL QUALITY IMPROVEMENT
• CHAPTER 57–ENVIRONMENTAL POLLUTION STUDY
• CHAPTER 58–DISASTER RELIEF
• CHAPTER 59–NATIONAL URBAN POLICY AND NEW COMMUNITY DEVELOPMENT
• CHAPTER 60–COMPREHENSIVE ALCOHOL ABUSE AND ALCOHOLISM PREVENTION, TREATMENT, AND REHABILITATION PROGRAM
• CHAPTER 61–UNIFORM RELOCATION ASSISTANCE AND REAL PROPERTY ACQUISITION POLICIES FOR FEDERAL AND FEDERALLY ASSISTED PROGRAMS
• CHAPTER 62–INTERGOVERNMENTAL PERSONNEL PROGRAM
• CHAPTER 63–LEAD-BASED PAINT POISONING PREVENTION
• CHAPTER 63A–RESIDENTIAL LEAD-BASED PAINT HAZARD REDUCTION
• CHAPTER 64–PUBLIC SERVICE EMPLOYMENT PROGRAMS
• CHAPTER 65–NOISE CONTROL
• CHAPTER 66–DOMESTIC VOLUNTEER SERVICES
• CHAPTER 67–CHILD ABUSE PREVENTION AND TREATMENT AND ADOPTION REFORM
• CHAPTER 68–DISASTER RELIEF
• CHAPTER 69–COMMUNITY DEVELOPMENT
• CHAPTER 70–MANUFACTURED HOME CONSTRUCTION AND SAFETY STANDARDS
• CHAPTER 71–SOLAR ENERGY
• CHAPTER 72–JUVENILE JUSTICE AND DELINQUENCY PREVENTION
• CHAPTER 73–DEVELOPMENT OF ENERGY SOURCES
• CHAPTER 74–NONNUCLEAR ENERGY RESEARCH AND DEVELOPMENT
• CHAPTER 75–PROGRAMS FOR INDIVIDUALS WITH DEVELOPMENTAL DISABILITIES
• CHAPTER 76–AGE DISCRIMINATION IN FEDERALLY ASSISTED PROGRAMS
• CHAPTER 77–ENERGY CONSERVATION
• CHAPTER 78–NATIONAL PETROLEUM RESERVE IN ALASKA
• CHAPTER 79–SCIENCE AND TECHNOLOGY POLICY, ORGANIZATION AND PRIORITIES
• CHAPTER 80–PUBLIC WORKS EMPLOYMENT
• CHAPTER 81–ENERGY CONSERVATION AND RESOURCE RENEWAL
• CHAPTER 82–SOLID WASTE DISPOSAL
• CHAPTER 83–ENERGY EXTENSION SERVICE
• CHAPTER 84–DEPARTMENT OF ENERGY
• CHAPTER 85–AIR POLLUTION PREVENTION AND CONTROL
• CHAPTER 86–EARTHQUAKE HAZARDS REDUCTION
• CHAPTER 87–WATER RESEARCH AND DEVELOPMENT
• CHAPTER 88–URANIUM MILL TAILINGS RADIATION CONTROL
• CHAPTER 89–CONGREGATE HOUSING SERVICES
• CHAPTER 90–NEIGHBORHOOD AND CITY REINVESTMENT, SELF-HELP AND REVITALIZATION
• CHAPTER 91–NATIONAL ENERGY CONSERVATION POLICY
• CHAPTER 92–POWERPLANT AND INDUSTRIAL FUEL USE
• CHAPTER 93–EMERGENCY ENERGY CONSERVATION
• CHAPTER 94–LOW-INCOME ENERGY ASSISTANCE
• CHAPTER 95–UNITED STATES SYNTHETIC FUELS CORPORATION
• CHAPTER 96–BIOMASS ENERGY AND ALCOHOL FUELS
• CHAPTER 97–ACID PRECIPITATION PROGRAM AND CARBON DIOXIDE STUDY
• CHAPTER 98–OCEAN THERMAL ENERGY CONVERSION RESEARCH AND DEVELOPMENT
• CHAPTER 99–OCEAN THERMAL ENERGY CONVERSION
• CHAPTER 100–WIND ENERGY SYSTEMS
• CHAPTER 101–MAGNETIC FUSION ENERGY ENGINEERING
• CHAPTER 102–MENTAL HEALTH SYSTEMS
• CHAPTER 103–COMPREHENSIVE ENVIRONMENTAL RESPONSE, COMPENSATION, AND LIABILITY
• CHAPTER 104–NUCLEAR SAFETY RESEARCH, DEVELOPMENT, AND DEMONSTRATION
• CHAPTER 105–COMMUNITY SERVICES PROGRAMS
• CHAPTER 106–COMMUNITY SERVICES BLOCK GRANT PROGRAM
• CHAPTER 107–CONSUMER-PATIENT RADIATION HEALTH AND SAFETY
• CHAPTER 108–NUCLEAR WASTE POLICY
• CHAPTER 109–WATER RESOURCES RESEARCH
• CHAPTER 109A–MEMBRANE PROCESSES RESEARCH
• CHAPTER 110–FAMILY VIOLENCE PREVENTION AND SERVICES
• CHAPTER 111–EMERGENCY FEDERAL LAW ENFORCEMENT ASSISTANCE
• CHAPTER 112–VICTIM COMPENSATION AND ASSISTANCE
• CHAPTER 113–STATE JUSTICE INSTITUTE
• CHAPTER 114–PROTECTION AND ADVOCACY FOR INDIVIDUALS WITH MENTAL ILLNESS
• CHAPTER 115–CHILD DEVELOPMENT ASSOCIATE SCHOLARSHIP ASSISTANCE PROGRAM
• CHAPTER 116–EMERGENCY PLANNING AND COMMUNITY RIGHT-TO-KNOW
• CHAPTER 117–ENCOURAGING GOOD FAITH PROFESSIONAL REVIEW ACTIVITIES
• CHAPTER 118–ALZHEIMER’S DISEASE AND RELATED DEMENTIAS RESEARCH
• CHAPTER 119–HOMELESS ASSISTANCE
• CHAPTER 120–ENTERPRISE ZONE DEVELOPMENT
• CHAPTER 121–INTERNATIONAL CHILD ABDUCTION REMEDIES
• CHAPTER 122–NATIVE HAWAIIAN HEALTH CARE
• CHAPTER 123–DRUG ABUSE EDUCATION AND PREVENTION
• CHAPTER 124–PUBLIC HOUSING DRUG ELIMINATION
• CHAPTER 125–RENEWABLE ENERGY AND ENERGY EFFICIENCY TECHNOLOGY COMPETITIVENESS
• CHAPTER 126–EQUAL OPPORTUNITY FOR INDIVIDUALS WITH DISABILITIES
• CHAPTER 127–COORDINATED SERVICES FOR CHILDREN, YOUTH, AND FAMILIES
• CHAPTER 128–HYDROGEN RESEARCH, DEVELOPMENT, AND DEMONSTRATION PROGRAM
• CHAPTER 129–NATIONAL AND COMMUNITY SERVICE
• CHAPTER 130–NATIONAL AFFORDABLE HOUSING
• CHAPTER 131–HOUSING OPPORTUNITIES FOR PERSONS WITH AIDS
• CHAPTER 132–VICTIMS OF CHILD ABUSE
• CHAPTER 133–POLLUTION PREVENTION
• CHAPTER 134–ENERGY POLICY
• CHAPTER 135–RESIDENCY AND SERVICE REQUIREMENTS IN FEDERALLY ASSISTED HOUSING
• CHAPTER 136–VIOLENT CRIME CONTROL AND LAW ENFORCEMENT
• CHAPTER 137–MANAGEMENT OF RECHARGEABLE BATTERIES AND BATTERIES CONTAINING MERCURY
• CHAPTER 138–ASSISTED SUICIDE FUNDING RESTRICTION
• CHAPTER 139–VOLUNTEER PROTECTION
• CHAPTER 140–CRIMINAL JUSTICE IDENTIFICATION, INFORMATION, AND COMMUNICATION
• CHAPTER 140A–JENNIFER’S LAW
• CHAPTER 141–COMMERCIAL SPACE OPPORTUNITIES AND TRANSPORTATION SERVICES
• CHAPTER 142–POISON CONTROL CENTER ENHANCEMENT AND AWARENESS
• CHAPTER 143–INTERCOUNTRY ADOPTIONS
• CHAPTER 144–DEVELOPMENTAL DISABILITIES ASSISTANCE AND BILL OF RIGHTS
• CHAPTER 145–PUBLIC SAFETY OFFICER MEDAL OF VALOR AND TRIBUTES
• CHAPTER 146–ELECTION ADMINISTRATION IMPROVEMENT
• CHAPTER 147–PRISON RAPE ELIMINATION
• CHAPTER 148–WINDSTORM IMPACT REDUCTION
• CHAPTER 149–ENERGY POLICY, 2005
• CHAPTER 150–NATIONAL AERONAUTICS AND SPACE PROGRAMS, 2005
• CHAPTER 151–CHILD PROTECTION AND SAFETY

Even if you are a government-administration junkie, I suspect that in reading down this list you encountered some surprises. Had you known that the U.S. government has a body of law with regard to leprosy (chapter 3), or youth medals (chapter 18), or—mirabile dictu—privacy protection (chapter 21A), or religious freedom restoration (chapter 21B), or juvenile delinquency prevention and control (chapter 47), or congregate housing services (chapter 89), or membrane processes research (chapter 109A), or encouraging good faith professional review activities (chapter 117), or management of rechargeable batteries and batteries containing mercury (chapter 137), or Jennifer’s law (chapter 140A), or prison rape elimination (chapter 147)?

As one reads these headings, the mind runs wild in imagining what sorts of laws lurk within the chapters. I am sorry to report, however, that should you look inside these sausage factories, you are likely to find yourself quite bewildered because you will typically find language such as the following (taken from Title 42, The Public Health and Welfare, Chapter 103, Comprehensive Environmental Response, Compensation, and Liability, Subchapter I, Hazardous Substances Releases, Liability, Compensation, Sec. 9621, Cleanup Standards):

References in Text

The Solid Waste Disposal Act, referred to in subsecs. (b)(1)(B) and (d)(2)(A)(i), (3)(B), is title II of Pub. L. 89-272, Oct. 20, 1965, 79 Stat. 997, as amended generally by Pub. L. 94-580, Sec. 2, Oct. 21, 1976, 90 Stat. 2795, which is classified generally to chapter 82 (Sec. 6901 et seq.) of this title. Subtitle C of the Solid Waste Disposal Act is classified generally to subchapter III (Sec. 6921 et seq.) of chapter 82 of this title. For complete classification of this Act to the Code, see Short Title note set out under section 6901 of this title and Tables.

The Toxic Substances Control Act, referred to in subsec. (d)(2)(A)(i), (3), is Pub. L. 94-469, Oct. 11, 1976, 90 Stat. 2003, as amended, which is classified generally to chapter 53 (Sec. 2601 et seq.) of Title 15, Commerce and Trade. For complete classification of this Act to the Code, see Short Title note set out under section 2601 of Title 15 and Tables.

The Safe Drinking Water Act, referred to in subsec. (d)(2)(A), is title XIV of act July 1, 1944, as added Dec. 16, 1974, Pub. L. 93-523, Sec. 2(a), 88 Stat. 1660, as amended, which is classified generally to subchapter XII (Sec. 300f et seq.) of chapter 6A of this title. For complete classification of this Act to the Code, see Short Title note set out under section 201 of this title and Tables.

The Clean Air Act, referred to in subsec. (d)(2)(A)(i), is act July 14, 1955, ch. 360, 69 Stat. 322, as amended, which is classified generally to chapter 85 (Sec. 7401 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 7401 of this title and Tables.

The Clean Water Act, referred to in subsec. (d)(2)(A)(i), (B)(i), is act June 30, 1948, ch. 758, as amended generally by Pub. L. 92-500, Sec. 2, Oct. 18, 1972, 86 Stat. 816, also known as the Federal Water Pollution Control Act, which is classified generally to chapter 26 (Sec. 1251 et seq.) of Title 33, Navigation and Navigable Waters. For complete classification of this Act to the Code, see Short Title note set out under section 1251 of Title 33 and Tables.

The Marine Protection, Research and Sanctuaries Act, referred to in subsec. (d)(2)(A)(i), probably means the Marine Protection, Research and Sanctuaries Act of 1972, Pub. L. 92-532, Oct. 23, 1972, 86 Stat. 1052, as amended, which enacted chapters 32 (Sec. 1431 et seq.) and 32A (Sec. 1447 et seq.) of Title 16, Conservation, and chapters 27 (Sec. 1401 et seq.) and 41 (Sec. 2801 et seq.) of Title 33. For complete classification of this Act to the Code, see Short Title note set out under section 1401 of Title 33 and Tables.

Okay. Are you clear on the references now? If so, you can now go back through the main body of the section and link the substance of the stipulated requirements and prohibitions to the terms ostensibly clarified by the legislative enactments just listed. Actually, you can’t, or, at all events, you’d be a fool to try. Carrying out such jobs was God’s purpose in putting high-priced lawyers on this earth.

In general, in attempting to determine what the federal laws and regulations require or forbid one to do, a normal human being is completely helpless. The laws might as well be written in Sanskrit. Unfortunately, you cannot rely on your lawyer, either, as you’ll find out when the government takes you to court and the government’s lawyers present a completely different interpretation of the law or regulation from the one your high-priced lawyer insisted you could rely on.

I remind you that the U.S. Code contains not dozens, or scores, or hundreds, or thousands, but probably hundreds of thousands of passages just as crystal clear as the example I’ve given. Of course, the average American has never opened the U.S. Code. He blithely assumes that the law is fair or, if not fair, is at least comprehensible, if not to him, then to an attorney. It has been said (by Charles Dickens’s character Mr. Bumble in Oliver Twist) that the law is an ass, as it no doubt is. Few American citizens realize, however, that the mass of the ass fills a substantial portion of the known universe.

According to Paul Simon, there must be fifty ways to leave your lover, but I am willing to conjecture that there must be hundreds of thousands of ways to get yourself in a position to be fined or sent to prison in this country. Rule of law? Not quite what F. A. Hayek had in mind.