The Ethical Aftermath of Privatization and Contracting Out: A Constitutional Analysis

Abstract

The pronounced tendency in recent years to blur the distinction between public and private sectors has affected constitutional law along with the rest of American society. This article examines some of the ethical implications of the constitutional arguments developed by the justices of the Supreme Court in their efforts to resolve controversies arising from privatization and the contracting of government services to commercial enterprises. The link between ethics and constitutional law is forged by the oath many public servants take to uphold the Constitution of the United States.