There is considerable enthusiasm today for public options, particularly in the health care and banking sectors. A compromise between entirely private commercial provision and wholly bureaucratic, tax-and-transfer government provision, public options are designed to offer citizen-consumers...

Those committed to addressing the political and moral crises of the day—voting rights, racial justice, climate change, economic inequality, and the lingering effects of the Covid pandemic—don’t know where to turn. Federal legislative and regulatory pathways are choked off by senators quick...

For decades, we have examined privatization with zeal and rigor. Relegated to the margins, however, have been inquiries into privatization's close cousin: direct government market participation. Given the ubiquity of government commercial transactions, the political, legal, and economic...

Americans have a love-hate relationship with government. Rejecting bureaucracy — but not the goods and services the welfare state provides — Americans are insisting government be made to run like a business. But, as Constitutional Coup shows, separating the state from its public servants,...

Today's national-security state is increasingly highly concentrated, centralized, and consolidated across at least three dimensions: the public-private divide, the federal-state divide, and the political–civil servant divide within government agencies. Each of these dimensions of...

The Supreme Court's approach to the Constitution's separation of powers is a puzzle. Although all Justices appear to agree on the doctrine's goals, in almost every important line of cases the Court oscillates between two basic approaches of hard-edged rules and open-textured standards. Its...

This Article sets forth the theory of an enduring, evolving separation of powers, one that checks and balances state power in whatever form that power happens to take. It shows how this constitutional commitment was first renewed and refashioned in the 1930s and 1940s, wherein the construction...

Privatization’s proponents are branching out. They’ve traditionally relied on government contracting to boost regulatory efficiency, maximize budgetary savings, enhance unitary control over the administrative state, and reap political dividends. Now, however, these proponents are also...

Americans have a love-hate relationship with government. Rejecting bureaucracy--but not the goods and services the welfare state provides--Americans have demanded that government be made to run like a business. Hence today's privatization revolution. But as Jon D. Michaels shows, separating the...

This article considers two increasingly important, but poorly understood, case studies that involve the Executive, on its own initiative, relinquishing control over essential national-security responsibilities by way of institutional redesign. The Executive already enjoyed unfettered discretion...