In this episode of FEDtalk, the hosts are joined by author and lawyer Philip K. Howard to discuss executive power over employees and the impact of public employee unions. They explore the constitutional context of executive power, including the Take Care Clause and the Guarantee Clause. The importance of accountability and elections in a democratic government is emphasized. The conversation delves into the relationship between Congress and executive power, as well as the challenges faced by management in dealing with public employee unions. The episode concludes with a discussion on the evolution of public employee unions and examples of cooperation between unions and management. The conversation explores the need for a new model of governance that empowers public employees and allows for more effective decision-making, as discussed in Howards’s Everyday Freedom and Not Accountable. It discusses the limitations of the current system and proposes changes to the Civil Service Reform Act to address these issues. The importance of treating professionals like professionals and giving officials more authority is emphasized. The conversation also highlights the need for human judgment and the challenges of political firings. The role of senior civil servants in driving change and the need for radical de-layering of government are discussed. The conversation concludes with a call for the creation of frameworks that empower individuals and lead to a better democracy.

Takeaways

• Executive power is vested in the president, who has the authority to manage the federal workforce and ensure the faithful execution of laws.
• The guarantee clause in the Constitution ensures that states maintain a republican form of government and cannot delegate governing authority to non-elected individuals.
• Public employee unions have undermined democratic government by limiting accountability and obstructing the ability of managers and presidents to enforce the law.
• Unions in the public sector have accumulated power and negotiated for more controls, impeding effective management and decision-making.
• Cooperation between unions and management can lead to positive outcomes, but the lack of support for management in dealing with employee conduct and performance issues remains a challenge.

Chapters

00:00Introduction

00:34The Constitutional Context

03:24The Take Care Clause and Guarantee Clause

05:20Accountability and Elections

06:45Congress and Executive Power

08:27The Impact of Public Employee Unions

12:16Unions and Democratic Government

16:12The Unconstitutionality of Public Employee Unions

24:06Examples of Cooperation

26:40Challenges for Management

27:22Incentives for Partnering with Unions

27:52The Need for a New Model

28:39How Change Can Come About

29:05The Limitations of Congress

30:30Proposed Changes to the Civil Service Reform Act

32:11Replacing Disciplinary Procedures

33:11Giving Officials More Authority

34:13Treating Professionals Like Professionals

35:49The Need for Human Judgment

36:19The Issue of Political Firings

37:17Empowering Senior Civil Servants

38:38The Gap Between Political Appointees and Federal Employees

39:26The Need for Radical De-layering of Government

40:25Empowering People at Every Level

41:23Creating a New Merit System Protection Board

42:25The Challenge of Offering Ideas for Improvement

43:49The Need to Reboot the System

44:06The Role of Public Employees in Driving Change

45:38Creating Frameworks for Empowerment

48:32The Challenge of Giving Space to Civil Servants

49:29The Better Government Movement

51:00The Need for Structural Overhaul

52:21Empowerment and a Better Democracy