AS CRIMINAL LAWS PROLIFERATE, more are ensnared. “As federal criminal statutes have ballooned, it has become increasingly easy for Americans to end up on the wrong side of the law. Many of the new federal laws also set a lower bar for conviction than in the past: Prosecutors don’t necessarily need to show that the defendant had criminal intent. . . . The U.S. Constitution mentions three federal crimes by citizens: treason, piracy and counterfeiting. By the turn of the 20th century, the number of criminal statutes numbered in the dozens. Today, there are an estimated 4,500 crimes in federal statutes, according to a 2008 study by retired Louisiana State University law professor John Baker. There are also thousands of regulations that carry criminal penalties. Some laws are so complex, scholars debate whether they represent one offense, or scores of offenses. Counting them is impossible. The Justice Department spent two years trying in the 1980s, but produced only an estimate.” Yet we retain the fiction that everyone is supposed to know the law.

I think ordinary citizens should enjoy the same “good faith immunity” that law enforcement officials enjoy. That they do not is, I suggest, a violation of the Constitutional injunction against titles of nobility. One thing that a title of nobility grants, after all, is exemption from laws that bedevil the little people.