Charles Murray has a novel suggestion for overcoming the suffocating rules our American bureaucracy foists on us free citizens: insure yourself against penalties and ignore the absurd regulations. I'd really like to read an analysis by an expert on insurance and insurance law who can tell us if this proposal is plausible.
Seen in this perspective, the regulatory state is the Wizard of Oz: fearsome when its booming voice is directed against any single target but, when the curtain is pulled aside, revealed as impotent to enforce its thousands of rules against widespread refusal to comply.
And so my modest proposal: Let's withhold that compliance through systematic civil disobedience. Not for all regulations, but for the pointless, stupid and tyrannical ones. ...
The risk in doing so, of course, is that one of the 70-odd regulatory agencies will find out what you're doing and come after you. But there's a way around that as well: Let's treat government as an insurable hazard, like tornadoes.
People don't build tornado-proof houses; they buy house insurance. In the case of the regulatory state, let's buy insurance that reimburses us for any fine that the government levies and that automatically triggers a proactive, tenacious legal defense against the government's allegation even if--and this is crucial--we are technically guilty.
Why litigate an allegation even if we are technically guilty? To create a disincentive for overzealous regulators. The goal is to empower citizens to say, "If you come after me, it's going to cost your office a lot of time and trouble, and probably some bad publicity." If even one citizen says that, in a case where the violation didn't harm anything or anyone, the bureaucrat has to ask, "Do I really want to take this on?" If it's the 10th citizen in the past month who says it and the office is struggling with a backlog of cases, it's unlikely that the bureaucrat's supervisor will even permit him take it on.
It's whack-a-mole, but the government doesn't have enough hammers to hit all of us.
More from Michael Barone.