Essays

Philip K. Howard, The Ripon Forum

Yes, the bureaucracy in Washington is a clogged-up tangle. That’s why two-thirds of Americans think it needs a major overhaul.

But slashing away at Washington’s many stupidities won’t fix much — like trying to prune a jungle. The way to drain the swamp is to pull the plug on its flawed operating philosophy — the post-1960s red tape compliance model. Americans are swimming in red tape. Is your paperwork in order?

A simpler governing framework of goals and principles will be far better than trying to prescribe the details of implementation. The Constitution — 7,500 words long — works pretty well. By contrast, today’s system of federal rules, procedures, and other red tape — 150 million words of binding law and regulation — mainly achieves legal gridlock.

Philip K. Howard, City Journal

Everyone knows that Washington is broken. Reformers on the right want to cut useless programs, and reformers on the left want to streamline rules and procedures. But neither reform approach will remove the red tape that suffocates common sense. There’s always another rule, another process needed to discuss a new issue.

Americans are harmed, not helped, by all this process.

The modern state is built on a flawed philosophy of law. Governing requires officials, not law, to make decisions. 

Philip K. Howard, Manhattan Institute

In 2021, Congress allocated $42.5 billion to expand broadband coverage to “unserved” areas. So far, no services have been provided. This is just one example in a pattern of attempts to modernize American infrastructure. Massive appropriations and ample private capital are waiting on the sidelines. But not much gets built.

Part of the problem is the labyrinthian permitting processes at the state, local, and federal level, containing multiple mandates and serial veto points for opponents to challenge projects. But there is a deeper problem: the belief that it is dangerous, or even illegal, to allow officials to exercise human judgment to weigh costs and benefits—a danger we seek to avoid by legally mandating a supposedly neutral process that micromanages every aspect of every decision.

Philip K. Howard, Hoover Institution

The litmus test for a good school is its culture—its caring, energy, mutual trust, and commitment to a common mission. Good cultures require teachers to feel ownership of the classroom and principals to enforce standards and values, while red tape and entitlements undermine the authority and human spirit that are essential. Fixing K–12 education requires stripping away bureaucratic and union controls and empowering educators to build good school cultures.

Philip K. Howard, The Wall Street Journal

Most Americans know that Washington is overdue for a Department of Government Efficiency, which President-elect Trump announced on Tuesday will be led by Elon Musk and Vivek Ramaswamy. But what should such a commission fix?

Many of Mr. Trump’s supporters talk about purging the “deep state,” starting by changing the status of senior civil servants to employees at the will of the president. The civil service certainly needs an overhaul—as former Federal Reserve Chairman Paul Volcker argued for decades—to establish accountability from top to bottom. The point, however, isn’t to inject a sense of terror in government employees but to instill trust that everyone is held to the same standards. Near-zero accountability is like pouring acid over public culture, corroding trust and pride.

Philip K. Howard, Government Executive

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.

Philip K. Howard, News Items

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.  

Philip K. Howard, Newsweek

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. Instead of protecting against abuse, law has become tangles of tripwires that are gamed for selfish purposes. Instead of enhancing freedom, law causes Americans to be fearful and defensive.

Philip K. Howard, News Items

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.

Philip K. Howard, The C. Boyden Gray Center for the Study of the Administrative State

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.

Philip K. Howard, The Orange County Register (Everyday Freedom excerpt)

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.

Philip K. Howard, Newsweek

Here we are, led like sheep into an election to choose whether Joe Biden or Donald Trump should lead America at this perilous time. A clear majority disfavor the choice. Nor do the hot buttons of political debate between woke progressives vs. right wing conspiracists align with the views of most Americans.

Out in the real world, nothing much about government works as it should, with porous borders, broken schools, and homeless encampments. The list is long. Mandatory speech codes and other indignities of the nanny state fuel growing resentment.

Philip K. Howard, American Purpose

Americans have lost confidence in America. It’s not hard to see why. Broken schools, unaffordable health care, homelessness, decrepit infrastructure, and student mobs at universities readily come to mind.

The last three presidents have come to office promising “change we can believe in,” to “drain the swamp,” or to “build back better,” but government institutions seem beyond their control.

Pundits blame political polarization. But most public failures have little to do with policy or politics: They’re failures of execution.

Philip K. Howard, Law & Liberty

Trust in institutions is at all-time lows. Schools and hospitals are distrusted by two-thirds of Americans, large companies by even more, and Congress by almost everybody.

The one trust bright spot is small business, with a 65 percent trust level. What is it that small business has that other institutions do not? Small business retains the human connection. The guy in the local hardware store will talk with you about how to fix the problem. The lady at the cleaners will discuss the stain. The book shop proprietor will describe why she liked a book.

Philip K. Howard, News Items

Trump carried every county in Iowa except one, and now a solid majority in New Hampshire. What accounts for the Trump juggernaut? He obviously embodies something that many voters want.

My take is that all his serious rivals, now just Haley and Biden, have promised to be better leaders of the established order. But Trump embodies rejection, even disdain, for the establishment. As in 2016, he is lapping his challengers with his contempt for the Washington establishment and, indeed, for democracy itself. Americans are angry, and traditional campaigns based on character, policy proposals, and baby-kissing are not resonating.

Philip K. Howard, Washington Examiner

Put simply, democracy’s hierarchy for managing government no longer exists. Elected executives are largely powerless to manage public employees or redirect public resources. The people below them in the chain of responsibility, such as school principals, police chiefs, and supervisory officials, are similarly powerless. Every day, government employees across America do things that are designed to waste money and be ineffective.

Philip K. Howard, The Hill

Leaders from both parties for decades have kicked the can of federal deficits down the road. The Simpson-Bowles recommendations from 2010 — widely endorsed by responsible observers — were never seriously considered either by President Obama or by Republican leadership. Then huge COVID-19 subsidies came along, and the fiscal road now faces a dead end. Unless the deficits are dramatically reduced, Social Security payouts will risk cuts of around 25 percent within a decade.

Philip K. Howard, TIME

Today, in a runoff election for mayor, Chicago voters will choose either former teacher Brandon Johnson or former schools CEO Paul Vallas. What’s raising eyebrows is the funding of Johnson’s campaign: Over 90 percent has come from teachers unions and other public employee unions. Vallas has the endorsement of the police union, but his funding is more diverse, including business leaders and industrial unions. Just looking at the money, the race comes down to this: Public employees vs everyone else plus cops.

Philip K. Howard, National Review (Not Accountable excerpt)

Accountability is basically nonexistent in American government today. Performance doesn’t matter; many public managers tell me they’ve never seen a public employee dismissed for poor performance. The Minneapolis Police Department had received 2,600 complaints in the decade before the killing of George Floyd in 2020. Twelve led to discipline, of which the most severe was a 40-hour suspension.

Philip K. Howard, Chicago Tribune

Amendment 1 to the Illinois Constitution, approved by referendum in November, was promoted as guaranteeing basic fairness for all workers. But it does something else — by prohibiting any new laws that might impinge on worker collective bargaining, Amendment 1 disempowers future elected officials from changing how government operates. Illinois voters will elect governors, mayors and legislators who have been disempowered from fulfilling their main constitutional responsibility: to make decisions on how to best operate government for the public good.

Philip K. Howard, The Daily Beast

Derek Chauvin, the policeman who killed George Floyd in Minneapolis in 2020, had a history of citizen complaints and was thought to be “tightly wound,” not a trait ideal for someone patrolling the streets with a deadly weapon. But under the police union’s collective bargaining agreement, the police commissioner lacked the authority to dismiss Derek Chauvin, or even to reassign him.

Philip K. Howard, Reason (Not Accountable excerpt)

No society, organization, or group of people can function effectively without accountability. Accountability is essential for mutual trust. The prospect of accountability is the backdrop for a culture of shared energy and values. "A social organism of any sort whatever, large or small, is what it is because each member proceeds to his own duty," philosopher William James noted, "with a trust that the other members will simultaneously do theirs."

Philip K. Howard, Marketwatch

The paralysis of modern democracies is often blamed on polarized politics. But there are structural causes for paralysis as well. These structural defects predated and fostered extremism and must be fixed for democracy to work again.