Outsourcing Sovereignty : Why Privatization of Government Functions Threatens Democracy and What We Can Do about It / Paul R. Verkuil.

Format:

Book

Author/Creator:

Verkuil, Paul R.

Series:

Cambridge books online.

Language:

English

Subjects (All):

Contracting out--United States.

Contracting out.

United States.

Privatization--United States.

Privatization.

Physical Description:

1 online resource (248 pages) : digital, PDF file(s)

Place of Publication:

Cambridge : Cambridge University Press, 2007.

System Details:

Mode of access: World Wide Web.

text file

PDF

Contents:

1 Introduction and Overview - Why Outsourcing Threatens Democracy 1

A Concerns of this Book 1

B Perspectives and Plan 6

C The Iran-Contra Roots of the Outsourcing Controversy 9

1 The Relevance of Iran-Contra to Outsourcing Sovereignty 10

2 The Counterlessons of Iran-Contra and the Rise of Executive Privilege 11

3 Iran-Contra as a Preview to Iraq 12

D Outsourcing Policy Making to the Iraq Study Group? 13

E A Note on the Meaning of Sovereignty 14

2 The Outsourcing of Sovereignty 23

A The Private Military 25

1 The New Private Military: Blackwater and Friends 26

2 Managing the Public-Private Military 28

B Private Solutions to Natural Disasters and National Security 30

1 DHS, FEMA, and Natural Disasters 31

2 Contracting-Out National Security at the Border 33

a Contracts to Secure Borders 34

b Challenges to Public Control of Border Contractors 35

3 Homeland Security, Inc. 36

C The Advent of Private Prisons and Private Police 37

1 Distinctions between Private Regimes 38

2 Contracting for Prisons by the State 39

a The Prison Contract and Public Accountability 39

b Lingering Doubts about Private Prisons 40

3 A Note on Rendition and Private Prisons 41

D Contracting-Out the Analysis Function: The Hidden Hand of Administration 42

1 Deciding as Public Management 43

2 Examples of Delegated Decision Making 45

3 Case Study: Public and Private Approaches to Transportation Security 57

A An Introduction to Transportation Security 57

B The Role for Government in Airline Security in the United States 58

1 The New Consensus 59

2 The Values of Public Employment - Loyalty and Reliability 60

C Privatization and Airport Screeners in Europe 62

1 Privatization in Europe 63

2 The Right to Travel as a Privatizing Incentive 64

D Theories of Public and Private Control in Airport Security 65

E The Politics of Port Security 68

1 The Dubai Ports Debacle 69

2 The Present State of Public Control 70

4 The Public-Private Distinction 78

A An Overview of the Public-Private Distinction 79

B Constitutional Connections to the Public-Private Distinction 81

1 The Fifth Amendment's "Public Use" Requirement 81

2 The Rise and Fall of "Affected with a Public Interest" 83

3 Public Functions and Process Limits 85

4 The Overlap between State Action and Due Process 86

C The New Due Process and Privatization 87

1 Alternatives to Due Process 88

2 The Private Contractor Accountability Conundrum 89

5 The Case for Constitutional Governance 102

A Constitutional Restraints on Delegation 103

1 Due Process Limits on Private Delegations 105

2 Appointments Clause Limits on Private Delegations 106

B The Distinction between "Significant" and "Authority" - Where Does the Buck Stop? 109

C Note on the Oath Requirement and the Role of Congress 112

6 Statutory and Administrative Limitations on Private Delegations 121

A Nondelegation, Subdelegation, and Discretionary Acts 121

1 Nondelegable Duties of Government 121

2 The Subdelegation Act 122

B Contracting-Out and the Circular A-76 Process 124

1 The A-76 Process 125

2 Critiques of the A-76 Process 127

3 The Special Problems of Contracting-Out and the Military 129

7 Outsourcing Government Services: Contract Theory and Practice 140

A A Contractarian Approach to Delegation of Public Authority to Private Hands: Carter Coal Meets Boston Ice 141

1 Nondelegation, Due Process, and Carter Coal 141

2 Contractual Nondelegation and Boston Ice 143

3 Constitutionalizing the Contract Analogy 145

B Contracts and Competition 146

1 An Overview of DOD Contracts with Private Providers 146

2 Single Sourcing in Government Contracts - The Iraq Effect 147

3 The Governance Virtues of Competitive Contracts 149

C Contracts and Agency Cost Theory 150

8 Structural Reforms to Government 158

A Distinguishing Public Servants from Private Contractors: Of Foxes and Hedgehogs 159

B Public Support for Improving Government Functions: Volcker and Beyond 161

1 Organization of Mission-Oriented Agencies 163

2 Political versus Career Officials - The Need for Professional Managers 164

a Comparative Performance Data on Political and Career Officials 165

b Political Appointees at FEMA 165

c The Connection between Political Appointees and Consultants 166

3 Operational Effectiveness - Freeing Managers to Govern 168

C Governance, Not Government - The Market State Effect 169

1 The Market State and Its Limits 170

2 Public-Private Partnerships as Alternatives 171

a The General Approach to Public-Private Partnerships 172

b Case Study: PPPs and Infrastructure Protection 173

D Proposals for Enhancing Leadership 174

1 The Bold Move - National Service 175

2 A Modest Proposal - Inducements to Public Education and Training 176

E Preserving the False Claims Act 178

9 Conclusions (Wherein the Principal Instructs Her Agents) 187

A To the Executive and the Agencies 188

1 On the Military Side 188

2 On the Civilian Side 190

B To the Congress 192

C To the Courts 194.

Notes:

Title from publishers bibliographic system (viewed on 02 Mar 2012).

Other Format:

Print version:

ISBN:

9780511509926

9780521867047

Access Restriction:

Restricted for use by site license.