Reforming our way to dynamism, with Philip K. Howard

Philip K. Howard is a New York-based lawyer and civic reformer, who across his public career has tilted against the accumulating layers of procedural law and bureaucratic rule that have made it increasingly difficult for Americans to exercise individual initiative, judgment, and accountability. Since the 1995 publication of his bestselling first book, The Death of Common Sense, he has pointed out that the urge to make decision-makers accountable by subjecting them to highly specified rules has paradoxically produced a system that is both unaccountable and paralyzed. In his most recent book, Saving Can-Do: How to Revive the Spirit of America, Howard argues that legal micromanagement has sapped the sources of American dynamism and effective government, fueling populist resentments. 

In this podcast discussion, Howard offers qualified approval of the Abundance movement that he in some ways anticipated by decades. But he insists that the pruning of excessive rules and procedures must also be accompanied by restoring a role for human judgement: “It’s not simply having less to comply with. It’s actually re-empowering everybody — the teacher in the classroom, the principal, the head of the school, whoever it happens to be — empowering them to do what’s right.”

By the same token, he criticizes Elon Musk’s DOGE initiative for focusing on cutting the things government does but squandering the opportunity to change how the government does things: “There was not even a pretense that they had an idea about how things would work better the day after DOGE. It was just, ‘Look at how much we've cut,’ and then they wildly exaggerated how much they’d cut. Of course, it was all counterproductive…”

Howard resists political categorization and his Common Good organization has worked with Democratic and Republican administrations alike, but his tradition of civic liberalism is increasingly homeless in contemporary politics. He acknowledges that some rules and regulations are essential, but he hopes for a government that can restore space for human judgement in a way that can restore both American dynamism and public trust in government efficacy.