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University of Tennessee College of Law

2012

Legal History

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At The Intersection Of Sovereignty And Contract: Traffic Cameras And The Privatization Of Law Enforcement Power, William Davenport Mercer Jan 2012

At The Intersection Of Sovereignty And Contract: Traffic Cameras And The Privatization Of Law Enforcement Power, William Davenport Mercer

Scholarly Works

Many municipalities are making critical errors in their attempts to alleviate current financial burdens by contracting with private entities to perform many of their essential functions, most notably those agreements with companies to install traffic cameras and, in many cases, to monitor and cite offenders. By subcontracting part of their exclusive power to enforce law, these municipalities essentially bargain away sovereignty by parting with portions of their inherent police power. As these cameras fill a role played by the state’s law enforcement personnel, municipalities impermissibly infringe on the actual sovereignty of the state as well as the conceptual sovereignty of …