Legislation would be a Samuelsonian public good if the cost of creatin
g legislation is not a function of the number of people covered by the
legislation. A straightforward test of Samuelsonian publicness is und
ertaken by estimating the cost of producing legislation as a function
of population and other variables, using cross-sectional data from the
states of the United States for the years 1965, 1975, and 1985. The e
mpirical results indicate that while legislation does have some degree
of publicness, legislation is mostly a private good, and that it has
been becoming increasingly less public over time.