Source Publication Abbreviation
Buff. L. Rev.
This article explores whether the recurrent references to the public trust were merely empty phrases or whether it really was a "general purpose" of the founders to impose fiduciary standards on the federal government. Part II lists some fiduciary duties potentially applicable to government. Part III summarizes the process by which the Constitution was drafted, debated, and ratified. Part IV examines works by some of the founder's favorite authors and who, the author finds, frequently advocated imposing fiduciary standards on government officials. Part V discusses the role of public trust concepts in the drafting, submission, and ratification of the Constitution. In Part VI the author suggests some implications for modern American constitutional interpretation.
Robert G. Natelson,
The Constitution and the Public Trust
, 52 Buff. L. Rev. 1077
Available at: http://scholarship.law.umt.edu/faculty_lawreviews/19