The Real Homeland Security Gaps

44 Pages Posted: 24 Jun 2016

See all articles by Areto Imoukhuede

Areto Imoukhuede

Florida A&M University College of Law

Date Written: May 13, 2016

Abstract

This Article reveals the real security gaps in the Department of Homeland Security’s Federal Protective Service (“FPS”) and suggests that the excessive delegation of FPS’s vital security functions to private contractors should be treated as an unconstitutional delegation of an inherently governmental function. It presents the FPS mission of protecting critical federal infrastructure as a national priority that Congress recognized after 9/11 as vitally important to the nation’s homeland security. Despite this recognition, there has been widespread delegation of the FPS security function to private contractors. The Article considers the regulatory and constitutional law concerns raised by privatization, suggesting that excessive privatization of the FPS security function undermines core democratic precepts and therefore ought to be treated as an unconstitutional private delegation.

Keywords: Homeland Security, homeland, security, federal protective service, fps, delegation, nondelegation, non-delegation, inherently governmental function, constitutional law, privatization, private contractors, administrative law, outsourcing

JEL Classification: K23

Suggested Citation

Imoukhuede, Areto, The Real Homeland Security Gaps (May 13, 2016). Available at SSRN: https://ssrn.com/abstract=2799941 or http://dx.doi.org/10.2139/ssrn.2799941

Areto Imoukhuede (Contact Author)

Florida A&M University College of Law ( email )

201 FAMU Law Lane
Orlando, FL 32801
United States

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