Few Americans noticed when President Donald Trump quietly signed a landmark executive order last Friday that could dramatically transform how federal agencies prosecute citizens.
The executive order, titled “Fighting Overcriminalization in Federal Regulations,” sent shockwaves through Washington’s bureaucratic elite while most Americans were focused on other headlines.
But legal experts are calling it one of the most consequential actions of Trump’s presidency.
The order strikes directly at the administrative state by preventing federal agencies from prosecuting Americans for violating obscure regulations they had no idea existed or didn’t knowingly violate.
“The United States is drastically overregulated. The Code of Federal Regulations contains over 48,000 sections, stretching over 175,000 pages — far more than any citizen can possibly read, let alone fully understand. Worse, many carry potential criminal penalties for violations,” the executive order states.
This sweeping change requires federal agencies to compile and publish a comprehensive list of all regulations that carry criminal penalties – a number so vast that the government doesn’t even know how many exist.
Even more significantly, the order directs prosecutors to avoid pursuing cases where there’s no evidence of bad intent, focusing instead on prosecutions where individuals knowingly violated regulations.
Laura Powell of Californians for Good Governance praised the move, explaining the dire problem this order addresses.
“The federal regulatory code, spanning 175,000 pages, contains countless criminal offenses — literally countless, as no one knows the exact number,” Powell said. “This lack of clarity violates the due process requirement of fair notice.”
She continued, “Many offenses are strict liability, meaning you can be convicted even if you were unaware your actions were illegal. This has empowered the administrative state to function as an unaccountable fourth branch, bypassing Congress’s legislative authority.”
Madison warned about this very problem at America’s founding
The vast regulatory apparatus has become so extensive that Americans can unknowingly break federal laws while going about their daily business. This has created what critics call a “regulatory trap” where federal agencies can target almost anyone they choose.
This isn’t a new problem. Even the Founding Fathers warned about it. James Madison, the father of the Constitution, cautioned that “It will be of little avail to the people that laws are made by men of their own choice if the laws be so voluminous that they cannot be read, or so incoherent that they cannot be understood.”
The executive order gives agencies 365 days to create a public list of regulations carrying criminal penalties – a monumental task considering the overwhelming size of the federal register.
While the Left remains largely silent on the order, some see it as another step in empowering the Department of Government Efficiency’s (DOGE) broader regulatory reform plan that has already identified billions in wasteful spending.
Steven Nekhaila, chair of the Libertarian Party, applauded the order while pushing for more aggressive action to curtail federal power.
“President Trump’s recent executive order addressing the over-criminalization of federal regulations is a commendable step toward restoring individual liberties and curbing governmental overreach,” Nekhaila said.
“However, this executive action should be the beginning, not the end, of efforts to dismantle the labyrinth of federal regulations that infringe upon personal freedoms,” he added. “We urge continued vigilance and action to ensure that laws serve to protect rights rather than punish inadvertent noncompliance.”
The order represents a profound shift in how the federal government can use its prosecutorial powers. For decades, federal agencies have created complex webs of regulations with criminal penalties, allowing bureaucrats to effectively create new crimes without congressional approval.
This development comes as Florida followed DOGE’s lead with major regulatory cuts of its own, signaling a growing movement against administrative overreach across the country.
Legal scholars note this executive action could lead to legal challenges from those who believe regulatory agencies need broad enforcement powers. However, defenders of the order point to fundamental constitutional rights that have been systematically eroded by the expanding administrative state.
For ordinary Americans, the measure means they can no longer be punished for failing to comply with regulations they had no reasonable way of knowing about – a victory for those who believe in limited government and individual liberty.
Powell concluded that this executive order is “a step in the right direction for people who value freedom and the rule of law.”
