The Decay of American Political Institutions


in the American Interest: “Many political institutions in the United States are decaying. This is not the same thing as the broader phenomenon of societal or civilization decline, which has become a highly politicized topic in the discourse about America. Political decay in this instance simply means that a specific political process—sometimes an individual government agency—has become dysfunctional. This is the result of intellectual rigidity and the growing power of entrenched political actors that prevent reform and rebalancing. This doesn’t mean that America is set on a permanent course of decline, or that its power relative to other countries will necessarily diminish. Institutional reform is, however, an extremely difficult thing to bring about, and there is no guarantee that it can be accomplished without a major disruption of the political order. So while decay is not the same as decline, neither are the two discussions unrelated.
There are many diagnoses of America’s current woes. In my view, there is no single “silver bullet” cause of institutional decay, or of the more expansive notion of decline. In general, however, the historical context of American political development is all too often given short shrift in much analysis. If we look more closely at American history as compared to that of other liberal democracies, we notice three key structural characteristics of American political culture that, however they developed and however effective they have been in the past, have become problematic in the present.
The first is that, relative to other liberal democracies, the judiciary and the legislature (including the roles played by the two major political parties) continue to play outsized roles in American government at the expense of Executive Branch bureaucracies. Americans’ traditional distrust of government thus leads to judicial solutions for administrative problems. Over time this has become a very expensive and inefficient way to manage administrative requirements.
The second is that the accretion of interest group and lobbying influences has distorted democratic processes and eroded the ability of the government to operate effectively. What biologists label kin selection and reciprocal altruism (the favoring of family and friends with whom one has exchanged favors) are the two natural modes of human sociability. It is to these types of relationships that people revert when modern, impersonal government breaks down.
The third is that under conditions of ideological polarization in a federal governance structure, the American system of checks and balances, originally designed to prevent the emergence of too strong an executive authority, has become a vetocracy. The decision system has become too porous—too democratic—for its own good, giving too many actors the means to stifle adjustments in public policy. We need stronger mechanisms to force collective decisions but, because of the judicialization of government and the outsized role of interest groups, we are unlikely to acquire such mechanisms short of a systemic crisis. In that sense these three structural characteristics have become intertwined….
In short, the problems of American government flow from a structural imbalance between the strength and competence of the state, on the one hand, and the institutions that were originally designed to constrain the state, on the other. There is too much law and too much “democracy”, in the form of legislative intervention, relative to American state capacity. Some history can make this assertion clearer….
In well-functioning governance systems, moreover, a great deal of deliberation occurs not just in legislatures but within bureaucracies. This is not a matter of bureaucrats simply talking to one another, but rather a complex series of consultations between government officials and businesses, outside implementers and service providers, civil society groups, the media and other sources of information about societal interests and opinions. The Congress wisely mandated consultation in the landmark 1946 Administrative Procedures Act, which requires regulatory agencies to publicly post proposed rule changes and to solicit comment about them. But these consultative procedures have become highly routinized and pro forma, with actual decisions being the outcome not of genuine deliberation, but of political confrontations between well organized interest groups….”

Book Review: Three Harbingers of Change


Howard Rheingold reviews the following books in Strategy and Business:
Viktor Mayer-Schönberger and Kenneth Cukier
Big Data: A Revolution That Will Transform How We Live, Work, and Think
(Houghton Mifflin Harcourt, 2013)
Marina Gorbis
The Nature of the Future: Dispatches from the Socialstructed World
(Free Press, 2013)
Henry Jenkins, Sam Ford, and Joshua Green
Spreadable Media: Creating Value and Meaning in a Networked Culture
(New York University Press, 2013)
“Whether you invest, build, teach, research, regulate, investigate, heal, entertain, or sell, major changes in how you do what you do are looming. “Big data,” much in the media spotlight recently—particularly for the revelations of the National Security Agency’s (NSA’s) surveillance of “metadata”—is probably already changing how you do your work. But socialstructing and spreadable media, two new terms that signal similarly momentous shifts, may still be unfamiliar. This year’s best business books on digitization can equip you to better understand all three phenomena and the changes that they will enable and engender….”

The Age of Democracy


Xavier Marquez at Abandoned Footnotes: “This is the age of democracy, ideologically speaking. As I noted in an earlier post, almost every state in the world mentions the word “democracy” or “democratic” in its constitutional documents today. But the public acknowledgment of the idea of democracy is not something that began just a few years ago; in fact, it goes back much further, all the way back to the nineteenth century in a surprising number of cases.
Here is a figure I’ve been wanting to make for a while that makes this point nicely (based on data graciously made available by the Comparative Constitutions Project). The figure shows all countries that have ever had some kind of identifiable constitutional document (broadly defined) that mentions the word “democracy” or “democratic” (in any context – new constitution, amendment, interim constitution, bill of rights, etc.), arranged from earliest to latest mention. Each symbol represents a “constitutional event” – a new constitution adopted, an amendment passed, a constitution suspended, etc. – and colored symbols indicate that the text associated with the constitutional event in question mentions the word “democracy” or “democratic”…
The earliest mentions of the word “democracy” or “democratic” in a constitutional document occurred in Switzerland and France in 1848, as far as I can tell.[1] Participatory Switzerland and revolutionary France look like obvious candidates for being the first countries to embrace the “democratic” self-description; yet the next set of countries to embrace this self-description (until the outbreak of WWI) might seem more surprising: they are all Latin American or Caribbean (Haiti), followed by countries in Eastern Europe (various bits and pieces of the Austro-Hungarian empire), Southern Europe (Portugal, Spain), Russia, and Cuba. Indeed, most “core” countries in the global system did not mention democracy in their constitutions until much later, if at all, despite many of them having long constitutional histories; even French constitutions after the fall of the Second Republic in 1851 did not mention “democracy” until after WWII. In other words, the idea of democracy as a value to be publicly affirmed seems to have caught on first not in the metropolis but in the periphery. Democracy is the post-imperial and post-revolutionary public value par excellence, asserted after national liberation (as in most of the countries that became independent after WWII) or revolutions against hated monarchs (e.g., Egypt 1956, Iran 1979, both of them the first mentions of democracy in these countries but not their first constitutions).

Today only 16 countries have ever failed to mention their “democratic” character in their constitutional documents (Australia, Brunei, Denmark, Japan, Jordan, Malaysia, Monaco, Nauru, Oman, Samoa, Saudi Arabia, Singapore, Tonga, the United Kingdom, the USA, and Vatican City).[2] And no country that has ever mentioned “democracy” in an earlier constitutional document fails to mention it in its current constitutional documents (though some countries in the 19th and early 20th centuries went back and forth – mentioning democracy in one constitution, not mentioning it in the next). Indeed, after WWII the first mention of democracy in constitutions tended to be contemporaneous with the first post-independence constitution of the country; and with time, even countries with old and settled constitutional traditions seem to be more and more likely to mention “democracy” or “democratic” in some form as amendments or bills of rights accumulate (e.g., Belgium in 2013, New Zealand in 1990, Canada in 1982, Finland in 1995). The probability of a new constitution mentioning “democracy” appears to be asymptotically approaching 1. To use the language of biology, the democratic “meme” has nearly achieved “fixation” in the population, despite short-term fluctuations, and despite the fact that there appears to be no particular correlation between a state calling itself democratic and actually being democratic, either today or in the past.[3]
Though the actual measured level of democracy around the world has trended upwards (with some ups and downs) over the last two centuries, I don’t think this is the reason why the idea of democracy has achieved near-universal recognition in public documents. Countries do not first become democratic and then call themselves democracies; if anything, most mentions of democracy seem to be rather aspirational, if not entirely cynical. (Though many constitutions that mention democracy were also produced by people who seem to have been genuinely committed to some such ideal, even if the regimes that eventually developed under these constitutions were not particularly democratic). What we see, instead, is a broad process in which earlier normative claims about the basis of authority – monarchical, imperial, etc. – get almost completely replaced, regardless of the country’s cultural context, by democratic claims, regardless of the latter’s effectiveness as an actual basis for authority or the existence of working mechanisms for participation or vertical accountability. (These democratic claims to authority also sometimes coexist in uneasy tension with other claims to authority based on divine revelation, ideological knowledge, or tradition, invented or otherwise; consider the Chinese constitution‘s claims about the “people’s democratic dictatorship” led by the CCP).
I thus suspect the conquest of ideological space by “democratic” language did not happen just because democratic claims to authority (especially in the absence of actual democracy) have proved more persuasive than other claims to authority. Rather, I think the same processes that resulted in the emergence of modern national communities – e.g. the rituals associated with nationalism, which tended to “sacralize” a particular kind of imagined community – led to the symbolic production of the nation not only as the proper object of government but also as its proper active agent (the people, actively ruling itself), regardless of whether or not “the people” had any ability to rule or even to exercise minimal control over the rulers.[4] There thus seems to have been a kind of co-evolution of symbols of nationality and symbols of democracy, helped along by the practice/ritual of drafting constitutions and approving them through plebiscites or other forms of mass politics, a ritual that already makes democratic assumptions about “social contracts.” The question is whether the symbolic politics of democracy eventually has any sort of impact on actual institutions. But more on this later….”

Britain’s Ministry of Nudges


in the New York Times: “A 24-year-old psychologist working for the British government, Mr. Gyani was supposed to come up with new ways to help people find work. He was intrigued by an obscure 1994 study that tracked a group of unemployed engineers in Texas. One group of engineers, who wrote about how it felt to lose their jobs, were twice as likely to find work as the ones who didn’t. Mr. Gyani took the study to a job center in Essex, northeast of London, where he was assigned for several months. Sure, it seemed crazy, but would it hurt to give it a shot? Hayley Carney, one of the center’s managers, was willing to try.

Ms. Carney walked up to a man slumped in a plastic chair in the waiting area as Mr. Gyani watched from across the room. The man — 28, recently separated and unemployed for most of his adult life — was “our most difficult case,” Ms. Carney said later.

“How would you like to write about your feelings” about being out of a job? she asked the man. Write for 20 minutes. Once a week. Whatever pops into your head.

An awkward silence followed. Maybe this was a bad idea, Mr. Gyani remembers thinking.

But then the man shrugged. Why not? And so, every week, after seeing a job adviser, he would stay and write. He wrote about applying for dozens of jobs and rarely hearing back, about not having anything to get up for in the morning, about his wife who had left him. He would reread what he had written the week before, and then write again.

Over several weeks, his words became less jumbled. He started to gain confidence, and his job adviser noticed the change. Before the month was out, he got a full-time job in construction — his first.

An Idea Born in America

Did the writing exercise help the man find a job? Even now it’s hard for Mr. Gyani to say for sure. But it was the start of a successful research trial at the Essex job center — one that is part of a much larger social experiment underway in Britain. A small band of psychologists and economists is quietly working to transform the nation’s policy making. Inspired by behavioral science, the group fans out across the country to job centers, schools and local government offices and tweaks bureaucratic processes to better suit human nature. The goal is to see if small interventions that don’t cost much can change behavior in large ways that serve both individuals and society.

It is an American idea, refined in American universities and popularized in 2008 with the best seller “Nudge,” by Richard H. Thaler and Cass R. Sunstein. Professor Thaler, a contributor to the Economic View column in Sunday Business, is an economist at the University of Chicago, and Mr. Sunstein was a senior regulatory official in the Obama administration, where he applied behavioral findings to a range of regulatory policies, but didn’t have the mandate or resources to run experiments.

But it is in Britain that such experiments have taken root.  Prime Minister David Cameron has embraced the idea of testing the power of behavioral change to devise effective policies, seeing it not just as a way to help people make better decisions, but also to help government do more for less.

In 2010, Mr. Cameron set up the Behavioral Insights Team or nudge unit, as it’s often called. Three years later, the team has doubled in size and is about to announce a joint venture with an external partner to expand the program.

The unit has been nudging people to pay taxes on time, insulate their attics, sign up for organ donation, stop smoking during pregnancy and give to charity — and has saved taxpayers tens of millions of pounds in the process, said David Halpern, its director. Every civil servant in Britain is now being trained in behavioral science. The nudge unit has a waiting list of government departments eager to work with it, and other countries, from Denmark to Australia, have expressed interest.

In fact, five years after it arrived in Washington, nudging appears to be entering the next stage, with a new team in the White House planning to run policy trials inspired in part by Britain’s program. “First the idea traveled to Britain and now the lessons are traveling back,” said Professor Thaler, who is an official but unpaid adviser to the nudge unit. “Britain is the first country that has mainstreamed this on a national level.”

See also: A Few Findings of Britain’s Nudge

Net Effects: The Past, Present & Future Impact of Our Networks – History, Challenges and Opportunities


Ebook by FCC Chairman Tom Wheeler: “Almost a month into my new job, the fact that I’ve always been a “network guy” and an intrepid history buff should come as no surprise. Reading history has reinforced the central importance networks play and revealed the common themes in successive periods of network-driven change. Now, at the FCC, I find myself joining my colleagues in a position of both responsibility and authority over how the public is affected by and interfaces with the networks that connect us.

Prior to my appointment by President Obama, I was doing research for a book about the history of networks. The new job stopped that project. However, I believe strongly that our future is informed by our past. While awaiting Senate confirmation, I tried to distill the project on which I had been working to connect what I had learned in my research to the challenges in my new job.
The result is a short, free eBook, “Net Effects: The Past, Present & Future Impact of Our Networks – History, Challenges and Opportunities”. It’s a look at the history of three network revolutions – the printing press, the railroad, and the telegraph and telephony – and how the fourth network revolution – digital communications – will be informed by those experiences.
It was this process that led me to what I’ve been describing as the “prisms” for looking at policy, or the “pillars” of communication policy: ensuring that our new networks promote economic growth, preserving the fundamental values that have traditionally been the foundation of our communications networks, and enabling public purpose benefits of our networks.
We have the privilege of being present at a hinge moment in history to wrestle with the future of our networks and their effect on our commerce and our culture. If such a topic is of interest to you, I hope you’ll download this short eBook. Hopefully, it’s the beginning of a dialogue.
Download the book on the following platforms for free:

David Cameron's Transparency Revolution? The Impact of Open Data in the UK


Paper by Ben Worthy: “This article examines the impact of the UK Government’s Transparency agenda, focusing on the publication of spending data at local government level. It measures the democratic impact in terms of creating transparency and accountability, public participation and everyday information. The study uses a survey of local authorities, interviews and FOI requests to build a picture of use and impact.
It argues that the spending has led to some accountability, though from those already monitoring government rather than citizens. It has not led to increased participation, as it lacks the narrative or accountability instruments to fully use it. Nor has it created a new stream of information to underpin citizen choice, though new innovations offer this possibility.
The evidence points to third party innovations as the key. They can contextualise and ‘localise’ information and may also provide the comparison to the first step in more effective accountability.
The superficially simple and neutral reforms conceal complex political dynamics. The very design lends itself to certain framing effects, further compounded by assumptions and blurred concepts and a lack of accountability instruments to enforce problems raised by the data.”

The United States Releases its Second Open Government National Action Plan


Nick Sinai and Gayle Smith at the White House: “Since his first full day in office, President Obama has prioritized making government more open and accountable and has taken substantial steps to increase citizen participation, collaboration, and transparency in government. Today, the Obama Administration released the second U.S. Open Government National Action Plan, announcing 23 new or expanded open-government commitments that will advance these efforts even further.
…, in September 2011, the United States released its first Open Government National Action Plan, setting a series of ambitious goals to create a more open government. The United States has continued to implement and improve upon the open-government commitments set forth in the first Plan, along with many more efforts underway across government, including implementing individual Federal agency Open Government Plans. The second Plan builds on these efforts, in part through a series of key commitments highlighted in a preview report issued by the White House in October 2013, in conjunction with the Open Government Partnership Annual Summit in London.
Among the highlights of the second National Action Plan:

  • “We the People”: The White House will introduce new improvements to the We the People online petitions platform aimed at making it easier to collect and submit signatures and increase public participation in using this platform. Improvements will enable the public to perform data analysis on the signatures and petitions submitted to We the People, as well as include a more streamlined process for signing petitions and a new Application Programming Interface (API) that will allow third-parties to collect and submit signatures from their own websites.
  • Freedom of Information Act (FOIA) Modernization: The FOIA encourages accountability through transparency and represents an unwavering national commitment to open government principles. Improving FOIA administration is one of the most effective ways to make the U.S. Government more open and accountable. Today, we announced five commitments to further modernize FOIA processes, including launching a consolidated online FOIA service to improve customers’ experience, creating and making training resources available to FOIA professionals and other Federal employees, and developing common FOIA standards for agencies across government.
  • The Global Initiative on Fiscal Transparency (GIFT): The United States will join GIFT, an international network of governments and non-government organizations aimed at enhancing financial transparency, accountability, and stakeholder engagement. The U.S. Government will actively participate in the GIFT Working Group and seek opportunities to collaborate with stakeholders and champion greater fiscal openness and transparency in domestic and global spending.
  • Open Data to the Public: Over the past few years, government data has been used by journalists to uncover variations in hospital billings, by citizens to learn more about the social services provided by charities in their communities, and by entrepreneurs building new software tools to help farmers plan and manage their crops.  Building on the U.S. Government’s ongoing open data efforts, new commitments will make government data even more accessible and useful for the public, including by reforming how Federal agencies manage government data as a strategic asset, launching a new version of Data.gov to make it even easier to discover, understand, and use open government data, and expanding access to agriculture and nutrition data to help farmers and communities.
  • Participatory Budgeting: The United States will promote community-led participatory budgeting as a tool for enabling citizens to play a role in identifying, discussing, and prioritizing certain local public spending projects, and for giving citizens a voice in how taxpayer dollars are spent in their communities. This commitment will include steps by the U.S. Government to help raise awareness of the fact that participatory budgeting may be used for certain eligible Federal community development grant programs.

Other initiatives launched or expanded today include: increasing open innovation by encouraging expanded use of challenges, incentive prizes, citizen science, and crowdsourcing to harness American ingenuity, as well as modernizing the management of government records by leveraging technology to make records less burdensome to manage and easier to use and share. There are many other exciting open-government initiatives described in the second Plan — and you can view them all here.”

Give People Choices, Not Edicts


Peter Orszag and Cass Sunstein in Bloomberg: “Over the past few years, many nations have adopted policies that promise to improve people’s lives while preserving their freedom of choice. These approaches, informed by behavioral economics, are sometimes called nudges.
Nudges include disclosure policies, as in the idea that borrowers should “know before they owe.” They include simplification, as in recent reductions in the paperwork requirements for the Free Application for Federal Student Aid.
Nudges include default rules, which establish what happens if people do nothing at all — as with automatic enrollment in a savings plan. They also include reminders, such as text messages informing people they are about to go over their monthly allowance of mobile-phone minutes.
When the two of us worked in the Obama administration, we were interested in approaches of this kind, because the evidence suggests they work. For example, the Credit Card Accountability Responsibility and Disclosure Act of 2009 imposes numerous disclosure requirements, which are helping to save consumers more than $20 billion in annual late fees and overuse charges.
In the U.S. and other nations, automatic enrollment has significantly increased participation in savings plans. A recent study found that in Denmark, automatic enrollment has had a larger impact than significant tax incentives in getting people to save. The study found that 99 percent of the retirement contributions made in response to tax incentives would have been saved anyway; by contrast, the bulk of the contributions made by people who were automatically enrolled in a retirement plan represented a net addition to saving.
Big Benefits
In an economically challenging time, the nudge approach can deliver major benefits without imposing big costs on the public or private sector. And, like a GPS, nudges still have the virtue of allowing people to go their own way. If informed consumers want to run a risk, they can do that. A nudge isn’t a shove. Yet this approach to government has stirred up objections from both the right and the left.
What makes it legitimate for public officials to nudge people they are supposed to serve? Whenever government acts, isn’t there a risk of error, bias and overreaching?
These are good questions, and some nudges should be avoided. But the whole point of the approach is to preserve freedom of choice, and being nudged is part of the human condition. Both private and public institutions are inevitably engaged in nudging, simply because they design the background against which people make choices, and no choice is ever made without a background.
Whenever the government is designing applications and forms, its choices affect people’s decisions. Complexity produces different results from simplicity. Many laws require disclosure from the government or the private sector, and this can occur in different ways. The architecture of disclosure (including which items are placed first, font size, color, readability) is likely to influence what people select.
Life would be impossible to navigate without default rules. Computers, mobile phones, health-care plans and mortgages come with defaults, which you can change if you wish. An employer might say that you must opt in to be enrolled in a savings plan, or alternatively that you must opt out if you don’t want to participate. In either case, a default rule is involved.
Some skeptics (especially on the left) object that nudges may be ineffective or even counterproductive. In their view, coercion is often both necessary and justified. The objections are most pointed, as New York University School of Law professors Ryan Bubb and Richard Pildes argue in a forthcoming article in the Harvard Law Review, when nudges are seen as affirmatively harmful.
Automatic Enrollment
An example involves automatic enrollment in savings plans, which both of us have supported. Critics point out that if employers choose a low contribution rate, automatic enrollment can decrease employees’ total savings — a perverse effect. That observation, however, is a reason for smarter nudging, not for coercion, and is thus not a persuasive critique of nudges in general. One smarter approach in this area is “automatic escalation,” a complement to automatic enrollment.
With automatic escalation, as time goes on and people earn more money, a higher share of their wages goes into savings — unless they opt out. The objection that nudges reduce retirement savings collapses.
And guess what? A survey from Towers Watson & Co. found that in 2012, 71 percent of plans with automatic enrollment included escalation. In 2009, 50 percent did. So much for the critique that contributions in these plans are fixed at their initial levels.
To be sure, coercion might turn out to be justified when the benefits clearly outweigh the costs. But behaviorally informed approaches, which maintain freedom of choice, have growing appeal. As we continue to learn what works, we will identify numerous ways to improve people’s lives while avoiding the costs and the rigidity of more heavy-handed alternatives”

Government Digital Service: the best startup in Europe we can't invest in


Saul Klein in the Guardian: “Everyone is rightly excited about the wall of amazing tech-enabled startups being born in Europe and Israel, disrupting massive industries including media, marketing, fashion, retail, travel, finance and transportation. However, there’s one incredibly disruptive startup based in London that is going after one of the biggest markets of all, and is so opaque it is largely unknown in the world of business – and, much to my chagrin, it’s also impossible to invest in.
It’s not a private company, it wasn’t started by “conventional” tech entrepreneurs and the market (though huge) is decidedly unsexy.
Its name is the Government Digital Service (GDS) and it is disrupting the British public sector in an energetic, creative and effective way. In less than two years GDS has hired over 200 staff (including some of the UK’s top digital talent), shipped an award-winning service, and begun the long and arduous journey of completely revolutionising the way that 62 million citizens interact with more than 700 services from 24 government departments and their 331 agencies.
It’s a strange world we live in when the government is pioneering the way that large complex corporations reinvent themselves to not just massively reduce cost and complexity, but to deliver better and more responsive services to their customers and suppliers.
So what is it that GDS knows that every chairman and chief executive of a FTSE100 should know? Open innovation.
1. Open data
• Leads to radical and remarkable transparency like the amazing Transactions Explorer designed by Richard Sargeant and his team. I challenge any FTSE100 to deliver the same by December 2014, or even start to show basic public performance data – if not to the internet, at least to their shareholders and analysts.
• Leads to incredible and unpredictable innovation where public data is shared and brought together in new ways. In fact, the Data.gov.uk project is one of the world’s largest data sources of public data with over 9,000 data sets for anyone to use.
2. Open standards
• Deliver interoperability across devices and suppliers
• Provide freedom from lock-in to any one vendor
• Enable innovation from a level playing field of many companies, including cutting-edge startups
• The Standards Hub from the Cabinet Office is an example of how the government aims to achieve open standards
3. Cloud and open source software and services
• Use of open source, cloud and software-as-a-service solutions radically reduces cost, improves delivery and enables innovation
4. Open procurement
• In March 2011, the UK government set a target to award 25% of spend with third-party suppliers to SMEs by March 2015.”