Avoid talking about policy: That seems to be a theme of this presidential campaign. Voters now know that Harris was raised middle class, and that Trump has disavowed 900 pages of Heritage Foundation policy proposals.
But one policy issue is squarely on the table—civil service. Trump says he will designate 50,000 or more senior civil servants as employees at will. Civil servants in this new “Schedule F” will be like participants of Trump’s television show “The Apprentice,” where the punchline is “You’re fired!”
The lynchpin of Donald Trump’s “plan to dismantle the deep state” is to assert authority to dismiss senior civil servants at will: “First, I will immediately re-issue my 2020 executive order restoring the president’s authority to remove rogue bureaucrats. And I will wield that power very aggressively.”
Trump’s diagnosis is correct in part but his reform proposal badly misses the target.
By giving Trump the authority to fire senior civil servants for almost any reason, Schedule F goes too far while doing too little. The proposed overhaul should aspire to be a “merit system,” not a new spoils system, and must be far bolder to attract the talent needed in 21st century government.
Read MoreAn idea! Policy debate has been largely absent from a campaign season pitting a theme of joy against eating pets.
The IDEA came, predictably, from Elon Musk, who offered to run a “government efficiency commission” for Donald Trump. Trump immediately embraced the idea.
But what would an “efficiency commission” actually do?
Elon Musk’s offer to run a “government efficiency commission” for Donald Trump has triggered enthusiasm in some circles. It raises the question of why Democrats, who say they’re the party of good government, shouldn’t propose their own vision of an efficiency commission.
What would such an efficiency commission do? Trump conceives of it as “a complete financial and performance audit” to “fully eliminate fraud and improper payments within six months….sav[ing] trillions.” Washington is long overdue for a spring cleaning, but improper payments, totaling about $230 billion, are only a start.
Read MorePolls are expecting a divided Congress. One sure bet is that the new president and new Congress will not fix how government works. Change is too hard. All those Washington lobbyists and lawyers are doing fine with thousand-page rulebooks and years-long bureaucratic processes.
Change requires outside pressure. Sometimes it’s a crisis, as in the Depression. Sometimes it’s a shift in public opinion, as in the Progressive Era. Sooner rather than later, pressures will likely require replacing the paralytic and wasteful red tape state. The world order is too perilous to perpetuate an inept governing framework.
Read MoreTrump and Harris sharply disagree on matters of policy, including immigration, taxes, and foreign policy. They also present different profiles of leadership.
But neither candidate offers a coherent vision to fix the tangled bureaucracy that paralyzes our society—no vision to fix broken schools, deal with homelessness, modernize infrastructure, cut health care red tape, streamline defense procurement, or make government manageable.
Instead both candidates offer symbolic reforms.
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The "rule of law" sits high on the altar of American culture as a core national value. Law in America is as pure as law can be—impartial, precise, and therefore unquestioned, like the 10 Commandments. The mandarins of law debate fine points such as judicial deference but almost never ask doctors, teachers, employers, or civic leaders whether law supports or hinders them.
But Americans in their everyday activities see a different reality. Law is so dense that it is unknowable, and so complex that even large companies with huge legal staffs can't comply—more like the 10 Million Commandments.
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Does modern society have too many laws? Have we complicated legal codes to the point where we’re suffocating under them and grinding the government to a screeching halt?
Philip Howard and Greg LaBlanc discuss the balance between rigid rules and human discretion, the importance of human judgment in law, and how legal micromanagement and excessive regulation curtails individual agency and practical wisdom.
Read MoreThe roiling waters around Biden’s candidacy reflect a broad fear of handing the election to Trump. Like most in the free world, we share that fear. But we think Democrats need more than a candidate with mental acuity.
Democrats need a candidate who can begin to deal with the problems that gave rise to Trump. He sees that America has been weakened by internal guilt and indecision, and by an unwillingness to fix what’s broken. Democrats need to pull their heads out of the sand and address obvious weaknesses.
Here is what we think America needs to become strong again.
Read MoreIs America’s governing framework hindering our ability to make simple choices in daily life? American Law Institute President David F. Levi sits down with Philip Howard to discuss his new book.
They’re joined by Judge Edith Jones and Nicholas Bagley for a lively conversation that explores Howard’s critique of complex legal structures and their impact on our sense of agency. They delve into the book’s central theme of "everyday freedom" and how simplifying legal frameworks can empower individuals and revitalize society.
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Is America’s governing framework hindering our ability to make simple choices in daily life? American Law Institute President David F. Levi sits down with Philip Howard to discuss his new book. They’re joined by Judge Edith Jones and Nicholas Bagley for a lively conversation that explores Howard’s critique of complex legal structures and their impact on our sense of agency.
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How to fix government?
Where to begin?
[Joe Klein and John Ellis] talked to Philip Howard about this very subject, because he’s studied it as much anyone and because he has realistic answers to both questions.
If you haven’t heard of Philip Howard, the best way to “hear about” him is to buy his books. We recommend starting with “The Death of Common Sense” and his latest work, “Everyday Freedom.”
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Joe Klein and John Ellis talk to Philip Howard about broken government, and where to begin to fix it.
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American government is suffering a breakdown of authority. It is unable to give permits for transmission lines and housing, deal with homelessness, fix broken schools, or even fire a civil servant who doesn’t show up for work.
Red tape has supplanted official responsibility.
The accretion of detailed codes, procedures and regulations among numerous agencies at federal, state and local levels are like layers of sediment that have silted over a harbor. It’s hard to get anywhere because it’s basically unlawful to make sensible decisions.
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Public sector unions wield outsized influence over American government. That power prevents effective managerial control and fosters cynicism toward democratic processes. Successful statutory reforms to address outsized union power are unlikely because of the political resources amassed by these unions. To combat the influence of public sector unions, which serve their own interests instead of the common good, this brief explores five possible constitutional challenges that might dislodge union controls and weaken their grip on power.
Read MoreNow that No Labels has abandoned its third party bid, Mitt Romney has called for it to offer political support to whichever party is willing to accept centrist influence on its governing team—to “help promote the interests of Americans-at-large above those of the rabid partisans.”
America could certainly use some “sensible middle voices” in Washington, but centrism doesn’t get to the heart of the problem. The radical fervor on both sides is driven by a broad and growing sentiment of brokenness. Americans feel buffeted by forces beyond their control, while government fails and flounders.
Francis Fukuyama talks with Philip Howard about Everyday Freedom, and how the law has weakened the authority of government in ways that make us less free.
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Everyday Freedom calls on individuals, families, and communities to exercise newfound authority in the pursuit of flourishing lives. By the last page, the book acts as a mirror, staring back at readers with a challenging question: Are we ready to live up to the responsibilities of such freedom?
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Philip Howard talks with Meghna Chakrabarti about the crisis of human disempowerment, and how re-empowerment could lead to a national flourishing.
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Look at American culture. Something basic is missing. Americans know it. Nothing much works as it should. Simple daily choices seem fraught with peril. In the workplace, we walk on eggshells. Big projects—say, modernizing infrastructure—get stalled in years of review. Endemic social problems such as homelessness become, well, more endemic. Oh, there goes San Francisco. Doing what’s right is not on the table. Who’s to say what’s right? Extremism grows.
Powerlessness has become a defining feature of modern society. Americans at all levels of responsibility feel powerless to do what they think is needed.
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