Eliminate all excess regulation

The only way to get rid of excessive regulation is to address the problem head-on. This means (among other things):

1. Congress must adopt a rule that no new law having an impact on individual liberty can take effect unless the a new high standard of strict scrutiny is met:
  • There must be a compelling governmental interest to justify the impact on liberty. In general, this requirement means that the statute must address harms that are real and, also, that the restrictions on liberty "will in fact alleviate those harms to a material degree," enough to justify the restrictions.
  • The statute must be narrowly tailored to promote the compelling interest.
  • There must be no less restrictive alternatives that would also serve the compelling interest.
  • 2. For all new laws affecting liberty, the legislature should be required to prepare and supply a Liberty Impact Statement (similar to an environmental impact statement) showing that the three requirements of strict scrutiny are met (compelling interest, narrow tailoring, least restrictive alternative).

    3. To assure on an ongoing basis that laws do not unduly impact individual liberty, Congress should create a new Constitutional Court to review new and existing laws to be sure they meet the three requirements of strict scrutiny. The new Constitutional Court would not replace the U.S. Supreme Court but would carry out liberty-protection functions that it effectively in the New Deal era when it adopted its highly deferential "rational basis" approach to judicial review.

    What you can do?
  • Ask candidates if they would require Liberty Impact Statements
  • Ask candidates if they would favor a Constitutional Court
  • Vote only for candidates who would demand Liberty Impact Statements and a Constitutional Court
  • Write to newspapers and blogs in support of Liberty Impact Statements and a Constitutional Court