Charles Murray believes the country as we know it is over. We live in an increasingly lawless country, where only people with money have access to the courts and even those with money are burdened by countless regulations that handcuff them from doing any real business.
"The Constitution is broken. We could have nine Antonin Scalias or nine Clarence Thomases on the court. They could not reverse a handful of decisions from 1937 to 1943, because if they did, they would be saying about 90% of what the federal government does is unconstitutional. No president would enforce such a Supreme Court decision. The legitimacy of the Supreme Court would be shattered. It can’t happen," Charles said.
"Point number two, we live under an increasingly lawless legal system," Charles said. "If I can’t afford to enter the court system when I have a legitimate grievance that I know I would win if I had enough money, but if I can’t afford to get into it because I can’t afford either the fees or the time that it’s going to take to litigate it, in what sense am I protected by the rule of law?"
Even worse is the legal system created by the regulatory state.
"We have a large extralegal system called the administrative state which lies outside the ordinary rule of law," Charles said. "If the OSHA comes after you, you don’t go to an ordinary court. You go to an administrative court in which the judge works for the Department of Labor or OSHA. The prosecutor works for OSHA."
Charles continued, "The due process of law is in many cases not available to you. You don’t have to be found guilty beyond a reasonable doubt, just a preponderance of the evidence, and guess what, if you’re found guilty and you appeal it, the people on the Court of Appeals work for OSHA. This violates a foundational principle of American law, which is legislation is supposed to be administered by—it’s supposed to be created by the legislature, and an independent judiciary is supposed to adjudicate things. But the entire regulatory state violates all that."
RELATED: Check out Charles's new book By the People: Rebuilding Liberty Without Permission
So how do we fight back? Charles thinks you can overwhelm the regulatory state by having people guilty of small infractions fight the battles in court.
"I talked about earlier about somebody coming out of nowhere and providing legal support to ordinary people, but let’s do it on a big scale. I call one version of it the Madison Fund, and it would be a couple hundred million bucks. I’m talking big money. The purpose of it would not be to defend the innocent. It would be to defend the guilty, people who are guilty of violating stupid, pointless regulations. And the idea is to overload the enforcement capacity of the regulatory agencies," Charles explained.
"I want to have an incentive for the bureaucrats to back off, or as one of my friends put it, I want to pour sugar into the government’s gas tank. Once you establish that principle, here’s your endpoint. I want the regulatory agencies to act like state troopers on interstate highways. So, you know and I know that if the speed limit is 65, the flow of traffic on most interstates is about 72, okay? A majority of the American citizens are engaged in civil disobedience because the state troopers can’t stop everybody, so they stop people who are going crazy fast, people who are driving erratically," he continued.
"That’s what I want for the entire regulatory agencies so that they don’t go after us when we have a trivial violation that hasn’t harmed anybody. They reserve their enforcement capability for people who have caused some damage. That would be a big improvement. It doesn’t get laws off the books, okay? It doesn’t get regulations off the books. It changes the way they’re enforced to something that’s a lot more reasonable. No harm, no foul," Charles concluded.