America is unusually legalistic. It always has been. In 1835, Alexis de Tocqueville wrote, “Scarcely any political question arises in the United States that is not resolved, sooner or later, into a judicial question.”86 What was true then is truer now. America has twice as many lawyers per capita as Germany and four times as many as France. Much of this energy is now devoted to suing the government. In 1967, there were 3 cases per 100,000 Americans directed at enforcing federal laws. By 1976, there were 13. By 2014, there were 40.87
