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America is bogged down in red tape. This is not a secret. Common sense is nowhere, because common sense is illegal.
A brigade of worthy new books is sounding the alarm, and are summarized by David Brooks in his column this week: “We Can Achieve Great Things.” Other public intellectuals calling for a better way of governing are IT expert Jennifer Pahlka, law professor Nicholas Bagley, and political scientist Francis Fukuyama.
What's missing is a discussion of the philosophical flaw underlying the modern state.
It’s time to recognize that no overhaul vision will come from either party. Rocking the boat is too uncertain. Better to stick with the status quo. So nothing much will change, and voter frustration and cynicism will grow. A new governing vision is needed to fill the vacuum. With enough support, some candidates in 2024 might embrace it.
Washington doesn’t work, as we know. But the harsher reality is that Washington can’t realistically make itself work. The governing structure is legal quicksand, allowing any naysayer to block almost anything. Perhaps worse, the political culture has settled into a downward spiral of failure, in which parties compete, not by getting things done, but by blaming the other side.
An uncomfortable truth underlies the frustration with democracy that drives people to extremism. That truth is this: Governing sensibly is basically impossible in a bureaucratic and legal jungle. Common sense disappears into the quicksand of thick rulebooks, lengthy processes, and claimed rights. Teachers can’t maintain order, officials can’t approve new transmission lines, and mayors can’t fire rogue cops.
This week, Senator Joe Manchin’s infrastructure permitting reform, aimed at energy projects and supported by The White House, was killed by a weird coalition of Republicans and far-left Democrats. The bill would have expedited the construction of high-speed transmission lines—a reform strongly supported by the editorial board of The Washington Post and other mainstream observers.
Paul Light at Brookings released a report last week which concluded that “public demand for ‘very major’ government reform is at a twenty-year high” and that “confidence in government to do the right thing is at a historic low.” Citing our work, the report calls for “large-scale repairs to aging systems and broken bureaucracy.”
Governing is not a process of perfection. Like other human activities, governing involves tradeoffs and trial and error. One of the most important tradeoffs involves timing. Delay in governing often means failure. Nowhere is this more true than with environmental reviews for infrastructure. Every year of delay for new power lines, modernized ports, congestion pricing for city traffic, and road bottlenecks means more pollution and inefficiency.
There’s a lot going on in the world, with Ukraine, Canadian truckers, and more. So it was easy to miss the report of the White House Task Force on Worker Organizing and Empowerment, released on February 7. The Task Force, chaired by Vice President Kamala Harris, calls for expanding collective bargaining throughout society, including in government.
The outpouring of enthusiasm for President Biden's $2 trillion infrastructure plan, like desert flowers after a rainstorm, shows how parched the public landscape is. But something is missing.
In his New York Times column, Bret Stephens makes a powerful case that both parties have strayed away from core values of liberal democracy. Serious Republican leaders embrace protectionism, nativist prejudices, and conspiracy theories. Powerful Democrats embrace identity politics, cancel culture, and a Manichean approach to public values.
So far Elon Musk's DOGE initiative has focused on cutting programs and terminating civil servants, not reforms to improve public performance. But there's broad public and expert opinion that government operating systems are overdue for overhaul.
This forum will focus on the operational failures of the current state, and will include proposals to empower common sense solutions, make government more manageable, and clarify the role of oversight by courts.
America is bogged down in red tape. This is not a secret. Common sense is nowhere, because common sense is illegal.
A brigade of worthy new books is sounding the alarm, and are summarized by David Brooks in his column this week: “We Can Achieve Great Things.” Other public intellectuals calling for a better way of governing are IT expert Jennifer Pahlka, law professor Nicholas Bagley, and political scientist Francis Fukuyama.
What's missing is a discussion of the philosophical flaw underlying the modern state.
Disruption can be good or bad. Or both. Courts will decide how far the new administration can go. At Common Good, our focus is to try to ride in front of the DOGE stampede and turn it towards new visions of how to fix endemic public failures.
Tearing down the status quo is not enough, and will have unintended consequences. America needs a new governing philosophy. Here are two big opportunities for new operating structures.
It's hard to keep track of what's being knocked over in the continuing DOGE stampede. Broad public resentment at Washington fuels the deconstruction, and shows no sign of abating. Over time, courts will try to impose some order on the bureaucratic rubble.
The end goal, presumably, is a government that works better and is more respectful of local needs and values. But tearing things down is not a vision for sensible government. Will a better form of government emerge from the rubble?
The noise from Washington is an orchestrated symphony of wrecking balls. Most Americans agree that the red tape state needs to be replaced. But where's the vision for its replacement?
Take civil service—today, federal employees are unaccountable and unmanageable, thanks to statutory and union controls that eviscerate executive authority. What's needed is not a regime based on fear, however, but one that instills mutual trust and pride.
There’s lots going on in Washington, and in the world, without any clear ending points. Sometimes, in these periods of change, it is possible to break free of outmoded conventions that prevent society from moving forward. Our mission at Common Good is to simplify governing frameworks so that Americans can roll up their sleeves and take initiative. The opportunities are nearly endless—to modernize infrastructure, fix broken schools, and refocus government on results instead of red tape.
The prospect of overhauling government has near-universal appeal. But experts from all sides are dousing the dream with cold water. Changing regulations takes several years. De-regulation will often conflict with statutory mandates. Most of what government does is not controversial—say, Medicare, a standing army, and national parks. Experts such as Brookings' Elaine Kamarck have shown that the impacts of any plausible de-regulation will be at the margin.
Voters have revolted. But laws and institutions don't change just because people are angry. Appointing rebels to run agencies won't change their massive legal superstructures.
Real change in American democracy doesn't happen by diktat from the top. Change requires a vision for a better system, backed by broad support of public opinion.
What's the new vision? The best hope for a new vision might come from Elon Musk's efficiency commission.
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!”
An 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?
Polls 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.
Trump 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.
The 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.
Now 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.