A Stitch in Haste

The Perfect Substitute asks a modest question:

If you could institute one law (presumably in an attempt to fix the shortcomings of the current system), what would that one law be?

Of course, such a question enters the twilight zone between righteously indignant libertarian activism and Kip's Law. But since this is strictly a thought experiment (not to mention May Day), I'll chime in with four suggestions, in increasing order of personal desire:

4. Abolish all direct democracy. The federal Constitution makes no provision for it, and arguably forbids it at the state level as well. End our irrational, counterproductive fetish for majority oppression over the minority — disingenuously disguised as "the will of the people." Laws should come from lawmakers, not mobs.

3. Mandate inviolate fiscal federalism. Stay true to the principle that federal taxes pay only for federal public goods, state taxes pay only for state public goods and local taxes pay only for local goods. (We can quibble over what constitutes a legitimate "public good" some other time.) This would manifest most notably in the elimination of all block grants, pork projects and earmarks. It would foster more tax competition among states (as well as among subdivisions within a state) and would establish a beachhead for reiterating the notion that not everything is a proper function of government-writ-large in the first place.

2. Mandate strict scrutiny for all rights-infringing laws. Abolish the monstrosity of rational basis review and restore the presumption of liberty reflected in the Bill of Rights (especially the Ninth Amendment) and the Fourteenth Amendment. Restore their proper role as daunting obstacles to activist legislators. Note: If I could only have a subset of this concept, it would of course be to restore economic substance due process (i.e., freedom of contract).

And my number one suggestion for a single new law or doctrine:

1. Mandate sunset provisions on all government actions. If a legislature had to constantly re-enact its activist legislation every few years, then it would soon spend all its time doing just that, rather than finding new ways to control its people. Bad laws would not have to be repealed; they could just be allowed to expire. The need to re-enact laws would keep debate on the rationales underlying them constantly alive and vibrant (see, e.g., the assault weapons ban or the Bush tax cuts).

Since it was TPS' idea, fairness and equity would suggest leaving your suggestions there rather than here.