Download This PaperThe Constitution and the Public Trust
102 Pages Posted: 4 Jan 2012
Date Written: 2004
Abstract
The American Founders adopted a fiduciary theory of government --- that is, they believed that public officials should comply with norms of behavior at least as demanding as those imposed on private trustees and other fiduciaries. To the extent possible, they incorporated that theory into the U.S. Constitution. Fiduciary theory is, therefore, an important aid to constitutional interpretation
Keywords: Constitution, public trust, fiduciary, founding, founders, political theory
JEL Classification: K1, K10, K19
Suggested Citation: Suggested Citation
Natelson, Robert G., The Constitution and the Public Trust (2004). Buffalo Law Review Vol. 52, No. 1077, p. 1082, 2004, Available at SSRN: https://ssrn.com/abstract=1978999
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