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ProfessorBainbridge.com: December 2003
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December 2003
12/30/2003
Complexity of legislation
Calpundit Kevin Drum rebuts a conspiracy theory explanation for complex leislation: [L]egislation has been getting increasingly complex for a long time, and it seems to be a bipartisan failing. In fact, one of my political science professors, Morris Fiorina, wrote a book a few decades ago theorizing that there was a cycle that went like this: Congress passes complex legislation. Constituents get confused and irate. Constituents call their local congress critter. Congressional staff gets on the horn with offending agency and clears up the problem. Grateful constituents reelect congressman. Repeat as necessary. In other words, whether consciously or not, congressmen like complex legislation because it gives them a chance to help out their constituents. This book was written 30 years ago, and I don't know if Fiorina himself still supports this theory, but I've always thought it was pretty clever. I keep fairly close track of the public choice literature and my sense is that this is still a widely accepted exlanation for statutory complexity. (Poliblogger Steven Taylor apparently agrees, as does Outside the Beltway .) Yet, it is not the only explanation. Statutory complexity has at least two additional sources besides those Kevin et al. identified. One follows from transaction costs. Any longrange planner faces the problem of uncertainty. As the time horizon with which onedeals extends towards the indefinite future and the number of variables one must accounts for increases, one must anticipate an ever-growing number of contingencies. Attempting to deal with multiple contingencies ex an"
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