Policies of direct government intervention (enforcement) are distinguished from policies of indirect intervention (regulation). They are measured by U.S. plaintiff and U.S. defendant litigation trends in Federal district and appeals courts from 1937 to 1986. Trends in administrative appeals from regulatory agencies, boards, and commissions to the appeals courts are used to estimate the intensity of regulatory activity. There is some evidence of systematic variation in government litigation and administrative appeals due to an "administration" effect, but there are also secular tendencies suggesting a more general "government" effect cutting across various administrations. The findings have implications for the theory of the State. First, courts are an inherent part of the State, although the nature and extent of this inclusion may vary historically. Second, the relatively monolithic, homogeneous, and unitary image of the State is an abstraction that must be modified and concretized. Third, various theories of the State may not be mutually exclusive but rather complementary and sequentially compatible, especially when viewed from a historical perspective. 11 footnotes. (Author abstract modified)