In 1790, there were 23 federal crimes. By 2008, there were over 4,450 federal criminal offenses and over 300,000 regulatory offenses that carried a criminal penalty. These regulatory offenses, promulgated not by Congress but by unelected bureaucrats, gen- erally criminalize everyday business activity traditionally left for civil and administrative remedies. Many of these “crimes” do not require the actor to even know he or she has committed an offense, also known as m