Privatization and the Constitution: Selected Legal Issues [September 25, 2017]   [open pdf - 708KB]

"Privatization is a broad term that encompasses various types of public-private arrangements, including contractual relationships with private entities for goods or services and government-funded voucher programs that allow individuals to purchase private goods or services. In other contexts, Congress has empowered private entities or chartered corporations to deliver services previously provided by governmental entities or to advance legislative objectives. Congress has created various corporations, including Amtrak and the Communications Satellite Corporation. More recently, in the 114th and 115th Congresses, legislation was proposed to create a corporation to provide air traffic control services that are currently administered by the Federal Aviation Administration. [...] This report focuses on the constitutional principles and judicial decisions that may constrain certain types of privatization that involve private and government-created entities."

Report Number:CRS Report for Congress, R44965
Author:Tsang, Linda
Cole, Jared P.
Publisher:Library of Congress. Congressional Research Service
Copyright:Public Domain
Retrieved From:Federation of American Scientists: http://www.fas.org/sgp/crs/index.html
Media Type:application/pdf
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