Public Unions Undermine Democracy
America has an almost perfect record of failure when it comes to fixing public schools. No Child Left Behind, Race to the Top..., and schools keep failing. Americans can get to Mars, and create new vaccines in warp speed, but running a good school seems almost impossible. There are two possible explanations: 1) all mayors and educators are dopes, or 2) the people in charge don't have the authority to create energetic, caring schools.
A similar failure has poisoned relations between police and minority communities. Trust is key. But trust has been exploded by certain officers who act abusively with impunity. Why don't police chiefs take them off the streets? Police chiefs lack that authority.
Public unions have erected an impenetrable barrier to good government. Collective bargaining agreements have destroyed accountability and bar common sense in running government. But what can we do about it? Union political power and long-term contracts prevent democratically-elected officials from making government work.
But public unions have overplayed their hand. In USA Today, Philip Howard argues that public unions, by disempowering public officials, have violated a dormant provision of the Constitution which guarantees "a Republican Form of Government" in the states. The history of "the Guarantee clause" suggests it was intended to preserve accountability to voters: If elected officials do a bad job, voters can elect someone more effective. By disempowering public officials, public unions have thrown a monkey wrench into the gears of democracy. Collective bargaining by public unions should be declared unconstitutional.
Together with several think tanks and elected leaders from both parties, Common Good is organizing a series of forums and proposals on how to make government work again. Please let us know if you'd like to help.
The University of Pennsylvania Law School's Program on Regulation recently hosted a discussion, moderated by Penn Professor Cary Coglianese and featuring Yale Law Professor Peter Schuck, Brookings Senior Fellow Elaine Kamarck, and Philip. They discussed priorities and challenges for the new administration and how reforming government operations can build back the public trust.
George Will's column on how "the covid-19 pandemic has taught us brutal lessons about governance," which quotes from Philip's Yale Law Journal essay, has generated enormous response.