Feature Comment: The Well-Reasoned Case for Reversing the Outsourcing Trend: A Review Essay of Jon Michaels’ Constitutional Coup: Privatization's Threat to the American Republic

Steven L. Schooner, Feature Comment: The Well-Reasoned Case for Reversing the Outsourcing Trend: A Review Essay of Jon Michaels’ Constitutional Coup: Privatization’s Threat to the American Republic, 59 Gov’t Contractor ¶ 319, Oct. 25, 2017, at 1.

GWU Law School Public Law Research Paper No. 2017-74

GWU Legal Studies Research Paper No. 2017-74

7 Pages Posted: 27 Oct 2017 Last revised: 2 Nov 2017

See all articles by Steven L. Schooner

Steven L. Schooner

George Washington University - Law School

Date Written: 2017

Abstract

This essay discusses Jon Michaels’ thoughtful and thought-provoking new book, Constitutional Coup: Privatization’s Threat to the American Republic (Harvard, 2017). In the book, Michaels recommends not only that we apply the brakes to the outsourcing train, but that the very future of our nation depends upon taking a meaningful, substantive, principled, fundamental step back. Michaels also cautions us that, particularly at this unique and seemingly anxiety-fraught moment in time, we fail to address these important questions now at our own peril.

This is an ambitious work, with a broad-reaching agenda. Michaels poses a largely aspirational, Constitutional, case for a greater commitment to the civil service; he looks to the courts for judicial custodialism to promote administrative separation of powers; and he implores Congress to provide more support for the civil service; increase public participation in administrative proceedings; and break its habit of bad-faith obstructionism. Michaels provides plenty of food for thought for Constitutional, administrative law, and public policy scholars, and his rich historical review sheds new light on the outsourcing and privatization revolution in the United States.

Keywords: Privatization, Outsourcing, Contracting Out, Government Contracts, Defense Acquisition, Administrative Law, Chevron, Separation of Powers

JEL Classification: H42, H56, H57, H83, K23, L32, L33

Suggested Citation

Schooner, Steven L., Feature Comment: The Well-Reasoned Case for Reversing the Outsourcing Trend: A Review Essay of Jon Michaels’ Constitutional Coup: Privatization's Threat to the American Republic (2017). Steven L. Schooner, Feature Comment: The Well-Reasoned Case for Reversing the Outsourcing Trend: A Review Essay of Jon Michaels’ Constitutional Coup: Privatization’s Threat to the American Republic, 59 Gov’t Contractor ¶ 319, Oct. 25, 2017, at 1. ; GWU Law School Public Law Research Paper No. 2017-74; GWU Legal Studies Research Paper No. 2017-74. Available at SSRN: https://ssrn.com/abstract=3060021 or http://dx.doi.org/10.2139/ssrn.3060021

Steven L. Schooner (Contact Author)

George Washington University - Law School ( email )

2000 H Street, N.W.
Washington, DC 20052
United States
202-994-3037 (Phone)
202-994-5614 (Fax)

HOME PAGE: http://www.law.gwu.edu/steven-l-schooner

Here is the Coronavirus
related research on SSRN

Paper statistics

Downloads
68
Abstract Views
488
rank
360,817
PlumX Metrics