At over 145 million words, the United States Code of Federal Regulations is one of the most complex and unwieldy legal systems in human history. However, like poorly maintained software, this vast body of legal architecture has become bloated with redundancy, obsolescence and provisions that are no longer relevant or referenced.
decision? A comprehensive overhaul of the US legal system, harnessing the unprecedented possibilities of artificial intelligence. Today, with the creation of the Department of Government Efficiency (DOGE), America has the opportunity to “refactor” its code base.
Refactoring is a term well known in software engineering. It refers to the process of restructuring existing computer code to make it cleaner, more efficient, and easier to understand—all without changing its core functionality. Applying this concept to the American legal framework would revolutionize governance. AI can identify “dead code” by analyzing billions of words of court proceedings, legal filings and administrative decisions to determine which laws and regulations are never cited or applied in practice.
This approach is not about politics – it’s about data. Unlike ideologically charged regulatory audits, artificial intelligence appears apolitical because it works through computation. If a law has not been cited in decades or lacks relevance in modern management, it can be marked for discard, much like unused functions in a software library.
The explosion of legal data, along with advances in natural language processing (NLP) and large language models, makes this approach feasible for the first time. Court transcripts, appellate opinions and agencies generate billions of words annually. AI can now cross-reference this information to identify legal relics of a bygone era.
Imagine the impact. The average small business spends more than 80 hours a year on federal compliance. Citizens and corporations alike struggle with overlapping, outdated laws. Simplifying the statute would reduce regulatory burdens and increase clarity.
Critics might argue that such a proposal risks throwing out the proverbial baby with the bathwater. What if the law is dormant but still relevant? AI cannot operate in a vacuum; it must work in tandem with legal experts, legislators and practitioners who understand the context. Refactoring is not erasure – it’s an iterative process. The flagged provisions would be subject to revision, ensuring that the basic laws remain intact.
Others may worry about entrusting this process to machines. But people have long been overwhelmed by the scale of the American code. Every administration promises to cut red tape; gives few results. The task is simply too big. AI offers a way forward, not as a policy maker, but as a tool for managing complexity at a level that surpasses human capabilities.
The private sector is already there. Companies routinely use artificial intelligence to manage broad corporate policies and compliance requirements. Software engineers use refactoring tools to keep code bases lean. If these principles work for Fortune 500 companies, why not apply them to the US government?
America’s legal infrastructure is critical to its economic and social stability. But like any old system, it needs maintenance. Refactoring the US Code of Federal Regulations is not just an exercise in efficiency – it is a moral imperative to ensure that the law remains accessible, functional and relevant in the 21st century. The question is not whether we can afford modernization – the question is whether we can afford it.
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