Saving Can-Do: How to Revive the Spirit of America (Guest: Philip K. Howard)

·59 min·5 clips

Philip Howard explains how legal systems have exiled human judgment, making spontaneity a liability in modern workplaces.

The episode begins with host Tim Benson introducing Philip K. Howard, chair of Common Good and author of multiple books on law and government. Howard explains the genesis of his latest book, stemming from a forum at Columbia Law School where he realized human judgment has been exiled by legal systems. He discusses how striving in America has been suffocated by a presumption that decisions must be provable, which he argues is impossible for important judgments. Howard emphasizes that subjectivity is the essence of freedom, not something to avoid. He critiques teachers unions as evil for protecting lousy teachers and announces a constitutional challenge to them, seeking stories of harm from union contracts. The conversation shifts to government inefficiency, with Howard describing how process has replaced decision-making, illustrated by a White House meeting where officials admitted no one has authority to make decisions. He uses examples like the I-95 repair in Pennsylvania to show how waiving rules led to quick solutions. Howard also addresses procurement waste and infrastructure paralysis, recommending simplified frameworks. He concludes by advocating for a political movement to reboot governance area by area, empowering Americans to act with judgment and accountability.

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