Privatization of Public Services: A Growing Threat to Constitutional Rights

As the drive to privatize the delivery of public services has gained momentum, too little attention has been focused on the potential impact of privatization on citizen rights and access to public services. Although the United States Constitution provides many protections for citizens against arbitrary government action and infringement of individual liberties, it provides no protection from abuses by the private sector. I Can government escape constitutional restraints by transferring public authority to private groups? To facilitate understanding of the impact of privatization on constitutional rights, this paper reviews judicial decisions concerning the scope and applicability of national constitutional protections. It identifies a variety of arrangements between government and private service providers that immunize both government and private groups from constitutional restraints. Privatization does threaten constitutional rights.