Calling for a “new era of responsibility” in his inaugural address, President Barack Obama reminded us that there are no limits to “what free men and women can achieve.” Indeed. America achieved greatness as the can-do society. This is, after all, the country of Thomas Paine and barn raisings, of Grange halls and Google. Other countries shared, at least in part, our political freedoms, but America had something different — a belief in the power of each individual. President Obama’s clarion call of self-determination — “Yes We Can” — hearkens back to the core of our culture.
But there’s a threshold problem for our new president. Americans don’t feel free to reach inside themselves and make a difference. The growth of litigation and regulation has injected a paralyzing uncertainty into everyday choices. All around us are warnings and legal risks. The modern credo is not “Yes We Can” but “No You Can’t.” Our sense of powerlessness is pervasive. Those who deal with the public are the most discouraged. Most doctors say they wouldn’t advise their children to go into medicine. Government service is seen as a bureaucratic morass, not a noble calling. Make a difference? You can’t even show basic human kindness for fear of legal action. Teachers across America are instructed never to put an arm around a crying child.
Reviving the can-do spirit that made America great requires a legal overhaul of historic dimension. We must scrape away decades of accumulated legal sediment and replace it with coherent legal goals and authority mechanisms, designed to affirmatively protect individual freedom in daily choices. “A little rebellion now and then is a good thing,” Thomas Jefferson wrote to James Madison, “and as necessary in the political world as storms are in the physical . . . .” The goal is not to change our public goals. The goal is make it possible for free citizens to achieve them.
