How to Simplify and Streamline the United States Code

     The following is a set of recommendations regarding how to best reorganize the U.S. Code. The U.S. Code currently contains 48 titles; Title 6 and Title 34 have been removed and are no longer active. A list of the sections of the U.S. Code is available at the following link: http://www.usflag.org/uscode36.html

     I have made these recommendations as a way to: 1) decrease the number of titles in the Code; 2) simplify the law in general; 3) remove eight titles of the U.S. Code, thus transferring those duties to the states or to the people, and restoring the set of federal powers to within (or closer to) the confines established in the Enumerated Powers; 4) re-organize the Code in a manner which flows more logically; and 5) re-structure the Code in a way that reflects the order of federal authorities listed in the Enumerated Powers, in the order in which they appear.

     My hope is that these recommendations could help guide federal legislative policy, going forward, regarding the continuation of a federal government power shrinking policy. For example, if ever a law were to be passed which would provide that all proposed federal laws must contain a specific explanation of why they are constitutional – which I hope would include which passage in the Constitution authorizes federal power in that policy area – then I hope that the following recommendations help set up the order in which federal authorities appear in the Enumerated Powers as a sort of “backbone” upon which a new re-ordering of the titles of the U.S. Code can be built.

     From that point, those seeking to reduce the size and scope of the federal government, should compare the Enumerated Powers (and the main enabling powers in the Constitution) side by side with the list of 30 titles found at the end of this article, determine whether the Enumerated Powers justify the exercise of federal power in those policy areas, and use their findings to determine which fields of federal purview should be eliminated next. My first recommendation would be to look at which powers the government has under “public health” (in Title 42: The Public Health and Welfare), since health is not specifically mentioned in the Constitution, but welfare is.
     Next, I would recommend examining which types of laws on "Transportation" (if any) are specifically authorized under the only presumable clause which could possibly authorize federal involvement in transportation; namely, the clause authorizing the establishment of Post Roads (Clause 7 of the Enumerated Powers). And so on, should that idea and method be applied, to the other titles, until the contents of the U.S. Code reflect only those federal powers which were specifically authorized in the U.S. Constitution. I would suggest that the title on "Labor" be reviewed before it is removed, so that whichever portions of that title pertain to labor by federal workers can be retained (and, I would suggest, incorporated into Title 8 (Government Organization and Employees) and/or Title 9 (Public Contracts).

     I also hope that this article will help educate the populace as to precisely where in our immense federal code of law, some of the laws we like and don't like, can be found. If the following 31 proposals can ever be passed into law, then I hope that that popular education will become even easier, given the new simplification and streamlining of the Code which I have proposed.
     Here are my proposals about how to reform the order of titles in the U.S. Code:

Proposal #1. Keep Title 1 where it is.
Proposal #2. Make Title 4 into Title 2.
Proposal #3. Make Title 36 into Title 3.
Proposal #4. Make Title 2 into Title 4.
Proposal #5. Make Title 3 into Title 5.
Proposal #6. Make Title 28 into Title 6.
Proposal #7. Make Title 9 into Title 7.
Proposal #8. Make Title 5 into Title 8.
Proposal #9. Make Title 41 into Title 9. Proposal #10. Make Title 13 into Title 10. Proposal #11. Make Title 42 into Title 11. Proposal #12. Make Title 26 into Title 12.
Proposal #13. Make Title 19 into Title 13.
Proposal #14. Combine Titles 11 and 12 into a single title; Title 14.
Proposal #15. Make Title 15 into Title 15.
Proposal #16. Make Title 22 into Title 16.
Proposal #17. Make Title 25 into Title 17.
Proposal #18. Make Title 31 into Title 18.
Proposal #19. Make Title 39 into Title 19.
Proposal #20. Make Title 23 into Title 20. Proposal #21. Make Title 49 into Title 21. Proposal #22. Combine Titles 17 and 35 into a single title; Title 22.
Proposal #23. Make Title 18 into Title 23.
Proposal #24. Make Title 10 into Title 24.
Proposal #25. Make Title 14 into Title 25.
Proposal #26. Make Title 32 into Title 26.
Proposal #27. Make Title 33 into Title 27.
Proposal #28. Combine Titles 37 and 38 into a single title; Title 28.
Proposal #29. Make Title 40 into Title 29.
Proposal #30. Make Title 43 into Title 30. 
Proposal #31. Eliminate Titles 16, 20, 21, 24, 29, 30, 45, and 47.

     Proposal #31 would eliminate eight titles of the U.S. Code, thus “devolving” (or returning) those policy areas to the states or to the people, where they rightfully belong.

     Those policy areas are, respectively: Conservation (Title 16), Education (Title 20), Food and Drugs (Title 21), Hospitals and Asylums (Title 24), Labor (Title 29), Mineral Lands and Mining (Title 30), Railroads (Title 25). and Telegraphs, Telephones, and Radiotelegraphs (Title 47).

     Proposals #1-30 would cause the now 50- (or 48-) title U.S. Code to have only 30 titles, causing the list of titles to appear the way it does below:

(Arguably Authorized Under Various Basic Enabling Clauses of Government)

     Title 1. General Provisions
     Title 2. Flag and Seal, Seat of Government, and the States
     Title 3. Patriotic Societies and Observances
     Title 4. The Congress
     Title 5. The President
     Title 6. Judiciary and Judicial Procedure
     Title 7. Arbitration
     Title 8. Government Organization and Employees
     Title 9. Public Contracts
     Title 10. Census

(Arguably Authorized Under Article 1 Section 8 Clauses 1-3)
     Title 11. The Public Health and Welfare
     Title 12. Internal Revenue Code
     Title 13. Customs Duties
     Title 14. Bankruptcy, Banks, and Banking
     Title 15. Commerce and Trade
     Title 16. Foreign Relations and Intercourse
     Title 17. Indians
     Title 18. Money and Finance

(Arguably Authorized Under Article 1 Section 8 Clause 7)
     Title 19. Postal Service
     Title 20. Highways
     Title 21. Transportation

(Arguably Authorized Under Article 1 Section 8 Clause 8)
     Title 22. Copyrights and Patents

(Arguably Authorized Under Article I Section 8 Clause 10)
     Title 23. Crimes and Criminal Procedures

(Arguably Authorized Under Article I Section 8 Clauses 11 through 16)
     Title 24. Armed Forces
     Title 25. Coast Guard
     Title 26. National Guard
     Title 27. Navigation and Navigable Waters
     Title 28. Pay and Allowances of Uniformed Services, and Veterans' Benefits

(Arguably Authorized Under Article I Section 8 Clause 17)
     Title 29. Public Buildings, Property, and Works
     Title 30. Public Lands

Written on August 18^th, 2019
Originally Published on August 18^th, 2019
Edited on August 18th and 19th, 2019