Who enforces the law? Most people would answer that this is the central function of government. However, America’s federal government has increasingly distanced itself from this role, promulgating regulations that effectively deputize private businesses against their will, threatening them with prosecution if they don’t comply.

The recently proposed E-Verify employment verification system provides an excellent example. E-Verify, as prescribed by the Legal Workforce Act of 2011 (H.R. 2885), requires that employers use an online database to verify the legal worker status of potential employees.