The Constitution and the Public Trust

102 Pages Posted: 4 Jan 2012

See all articles by Robert G. Natelson

Robert G. Natelson

Independence & Montana Policy Institutes

Date Written: 2004


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

Natelson, Robert G., The Constitution and the Public Trust (2004). Buffalo Law Review Vol. 52, No. 1077, p. 1082, 2004. Available at SSRN:

Robert G. Natelson (Contact Author)

Independence & Montana Policy Institutes ( email )

727 E. 16th Ave.
Denver, CO 80203
United States
303-279-6536 (Phone)


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