Joe Lonsdale: American Optimist

Ep 135: Philip Howard on Saving the American Spirit

Dec 11, 2025
Philip Howard, founder of Common Good and bestselling author, discusses the urgency for government reform. He highlights how red tape emerged from the well-intentioned policies of the 1960s, leading to a breakdown in human judgment within governance. Howard emphasizes the unique American 'can-do' spirit and suggests solutions for restoring accountability in institutions. He also critiques excessive regulations that stifle innovation and proposes a new legal framework to enable swifter decision-making and efficient infrastructure development.
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INSIGHT

Law Became An Instruction Manual

  • Modern governance mistakenly treats law as an instruction manual rather than a framework for judgment.
  • Philip K. Howard argues this shift created a red tape state that removes human responsibility and accountability.
INSIGHT

Regulations Have Swamped The Constitution

  • The U.S. now has roughly 150 million words of binding federal law and regulation, most added after 1970.
  • By contrast, the Constitution is 7,500 words and was meant as a framework of authority, not an exhaustive manual.
ADVICE

Design Laws To Preserve Human Judgment

  • Reduce cognitive overload by restoring human judgment instead of piling on rules.
  • Philip K. Howard recommends designing law to allow common-sense decisions and fewer prescriptive procedures.
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