This article originally appeared in The Detroit News April 1, 2025.

Ten years ago, the Mackinac Center examined Michigan’s sprawling and disorganized legal code to determine the exact number of crimes in the state’s law books. We found that Michigan had 3,102 crimes — 1,209 felonies and 1,893 misdemeanors. Over a five-year period, from 2008 to 2013, the Legislature expanded the criminal code, adding an average of 45 new crimes to the books annually.

Our research also showed that many of Michigan’s 3,102 crimes were redundant, unnecessary, outdated or downright silly. For example, the state prohibited walkathon endurance contests, dancing to “The Star-Spangled Banner” or mocking a person who refused a duel.

A 1927 law required people who purchased poultry for resale to keep detailed records on official forms from the secretary of state. Failure to maintain the proper paperwork was a misdemeanor and could be punished with a $100 fine and 90 days in jail. We asked the Secretary of State’s Office for a copy of the poultry form. The agency had no such form, and the person we spoke with had never heard of the requirement.

Most people agree on the major crimes: We want society to prevent or punish murder, assault, theft, fraud and destruction of property. But with many crimes on the books, the state creates a risk for well-meaning people who unknowingly break the law. Have you ever transported a Christmas tree without the bill of sale? If so, you might be guilty of a misdemeanor.

It’s worth asking: “Should this be a crime?” Perhaps a civil penalty would be sufficient. Silly crimes are bad enough, but many criminal prohibitions carry heavy penalties, which affect a person’s liberty and livelihood and increase the state’s criminal justice costs.

In 2015, then-Gov. Rick Snyder called for “smart justice” reforms to Michigan’s criminal system, suggesting that we repeal archaic or duplicative crimes. The Michigan Legislature established a working group, identifying dozens of crimes to cut. Eventually, Snyder signed a seven-bill package. The state eliminated crimes related to dueling, refusing to fight a forest fire, trampling on huckleberry bushes, cursing in front of women or children, using the term “lost manhood” in advertising, and paperwork requirements for people camping on state land.

One crime, however, triggered loud and passionate engagement. A 1945 law makes it a misdemeanor to sell baby chicks, rabbits or ducklings that had been dyed or artificially colored, presumably an Easter holiday tradition. We could find no record of prosecution in Michigan.

At the hearing to repeal that law, animal rights groups, the state department of agriculture and a 14-year-old from Saginaw opposed the bill. “If they want colored animals, they should stick to Peeps,” the teenager told the Detroit Free Press. Many other laws got repealed, but lawmakers dropped this bill faster than a pink rabbit on Easter Sunday.

Identifying and removing a handful of crimes from the books was hard work, even though most of these laws had no organized advocates. It’s a much greater challenge when money and entrenched interests are in play.

“No government ever voluntarily reduces itself in size, so government programs once launched never disappear,” said Ronald Reagan. “Actually, a government program is the nearest thing to eternal life we’ll ever see on this earth.”

Whether it’s Gov. Gretchen Whitmer’s attempt to fund road repairs though cuts to other programs or President Donald Trump’s effort to shrink bloated federal agencies through the Department of Government Efficiency, these efforts face fierce opposition. Reagan was right: It is nearly impossible to end a government program. It’s good that elected leaders are trying.

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