ABSTRACT

In the ongoing debate about the respective roles and responsibilities of the public and private sectors, there are certain “indisputable” public arenas. These concern powers bequeathed by the Constitution specifically to the federal government or reserved to the states. (Local government has no constitutional authority. Its powers are derived from the states.) One example of a purely public function is the federal government’s exclusive power to provide for the nation’s defense. Although not as explicit, it would be reasonable to assume that ensuring public safety is a logical extension of this governmental power.