Slippery-Slope Legislation

When Narrow Laws Become Broad Powers

For Public Safety?

American history shows a recurring pattern: policies enacted with narrow intentions often evolve into expansive government authority. Whether justified as “public safety,” “temporary wartime necessity,” or “targeted enforcement,” these laws frequently grow far beyond their original scope. Below is a documented review of specific U.S. legislation, bills, and legal actions that began modestly but later touched or infringed upon constitutional rights.

1. The 1917 Espionage Act & the 1918 Sedition Act

Original purpose: Prevent foreign espionage during World War I.
Key dates:

• Espionage Act signed June 15, 1917

• Sedition Act amendment signed May 16, 1918

Slippery-slope expansion:
The laws were rapidly used against U.S. citizens for political speech - not espionage. Over 2,000 Americans were prosecuted, including journalists and presidential candidate Eugene V. Debs, for criticizing government policy.

Constitutional conflict:

First Amendment. The acts criminalized dissent, peaceful protest, and criticism of wartime actions.

2. The National Firearms Act of 1934 (NFA)

Original purpose: Combat organized crime during Prohibition.
Date enacted: June 26, 1934

Slippery-slope expansion:
Initially justified as a narrow tax-and-registration requirement for machine guns and short-barreled rifles/shotguns, the NFA became the legal structure used for:

• The Gun Control Act of 1968, signed October 22, 1968

• The Firearm Owners Protection Act (FOPA) with the Hughes Amendment, signed May 19, 1986, which banned new automatic firearms for civilians

• Ongoing administrative expansions through ATF rulemaking

Constitutional conflict:

Second Amendment, plus Fifth Amendment concerns regarding compelled self-incrimination via mandatory registration (raised in Haynes v. United States, 1968).

3. The Revenue Act of 1913 & the Growth of Federal Income Tax

Original purpose: A tiny tax on the top earners only.
Date enacted: October 3, 1913

The first tax rates were:

• 1% on taxable income above $3,000 (equivalent to ~$90,000 today)

• A maximum rate of 7% for incomes above $500,000

Slippery-slope expansion:
Within five years:

• WWI pushed rates to 77% (1918)

• By WWII, income tax applied to most households

• The IRS grew into one of the most powerful federal enforcement bodies

Constitutional conflict:

Though authorized by the 16th Amendment, it introduced sweeping federal authority over personal finances and privacy (4th Amendment implications).

4. The Social Security Act of 1935

Original promise: A voluntary old-age insurance program - never to become a national ID system.

Date enacted: August 14, 1935

Slippery-slope expansion:

• Social Security Numbers (SSNs) were later used for taxation, employment tracking, banking, military records, and federal databases

• Congress passed amendments in 1961, 1965, 1972, and 1976 expanding mandatory usage

• A 1988 law (Public Law 100-503) tied SSNs to federal record-keeping across agencies

Constitutional conflict:

The shift toward a centralized tracking number raises privacy (4th Amendment) and states’ rights (10th Amendment) concerns.

5. The Controlled Substances Act of 1970 (War on Drugs)

Original purpose: Classify dangerous substances for medical and abuse control.
Date enacted: October 27, 1970

Slippery-slope expansion:

• Led to militarized policing in the 1980s

• Anti-Drug Abuse Act of 1986 imposed mandatory minimums

• No-knock raids expanded under United States v. Banks (2003)

• Seizures under civil asset forfeiture exploded

Constitutional conflict:

4th Amendment: Warrantless searches, no-knock entries

5th & 14th Amendments: Due process concerns

10th Amendment: Federal power overshadowing state authority

6. Civil Asset Forfeiture Expansion

Original purpose: Target drug kingpins’ assets.
Key laws:

• Comprehensive Crime Control Act, signed October 12, 1984

• Subsequent expansion through DOJ guidelines and federal/state joint task forces

Slippery-slope expansion:
Police can seize cash, vehicles, and property without convicting or even charging the owner. In many states, agencies keep the seized assets, creating direct financial incentive.

Constitutional conflict:

Violates core expectations of the 4th, 5th, and 14th Amendments.

7. USA PATRIOT Act of 2001

Original purpose: Emergency counter-terrorism measures after 9/11.
Date enacted: October 26, 2001

Slippery-slope expansion:

• Section 215 enabled bulk collection of Americans’ phone and internet metadata

• National Security Letters (NSLs) imposed gag orders on private companies

• Surveillance extended to non-terror cases, including ordinary criminal investigations

Later reauthorized and modified by:

• Intelligence Reform and Terrorism Prevention Act (2004)

• USA Freedom Act (2015)

Constitutional conflict:

Significant 4th Amendment issues involving surveillance without probable cause, as documented by federal courts in ACLU v. Clapper (2015).

8. Eminent Domain Expansion: Kelo v. New London (2005)

Original purpose: Allow government to take private land for public infrastructure.
Key date: June 23, 2005 (Supreme Court decision)

Slippery-slope expansion:
The Court ruled that government may seize private property for private development if it results in “economic benefit.”

Constitutional conflict:

Undermined the 5th Amendment requirement of “public use,” allowing transfers from private citizens to corporations.

Narrow Laws Rarely Remain Narrow

Each example began with a focused justification - fighting crime, funding government, stopping terrorism, or improving safety. Over time, these laws were reinterpreted, amended, or administratively expanded into far broader tools of federal authority.

History demonstrates a consistent pattern:

Once government, Federal, State, County, or Local, gains a new power, it almost never relinquishes it - and almost always expands it.