Elements of Breach of Trust
The Four-Part Test for Establishing Breach of Fiduciary Duty
In Parts 1 and 2, we established that government officers are trustees who owe fiduciary duties to the people. But how do you **prove** that an officer breached these duties? What evidence do you need?
Breach of trust has **four required elements**. You must prove all four to establish that an officer violated their fiduciary duty. Understanding these elements is essential for challenging unconstitutional governmental action.
The Four-Part Test for Breach of Trust
To establish breach of trust, you must prove four elements:
| Element | What You Must Prove |
|---|---|
| 1. Fiduciary Relationship | A fiduciary relationship existed between you and the officer |
| 2. Breach of Duty | The officer violated one or more fiduciary duties |
| 3. Causation | The breach caused your injury |
| 4. Damages | You suffered actual damages from the breach |
Let's examine each element in detail.
Element 1: Existence of Fiduciary Relationship
You must establish that a fiduciary relationship existed between you (the beneficiary) and the government officer (the trustee). In the government context, this is established by:
Constitutional Position
The officer holds a legislative, executive, or judicial position under the Constitution
Article VI Oath
The officer swore an oath to "support this Constitution" as required by Article VI, Clause 3
Exercise of Authority
The officer exercised governmental authority over you (arrest, taxation, court proceeding, etc.)
Example
A judge presiding over your case has taken the Article VI oath and exercises judicial authority over you. The fiduciary relationship is established by the judge's constitutional position, oath, and exercise of authority.
This element is usually straightforward to prove. If an officer holds a constitutional position and exercises authority over you, the fiduciary relationship exists.
Element 2: Breach of Fiduciary Duty
You must prove that the officer violated one or more of the five fiduciary duties (loyalty, good faith, care, disclosure, constitutional obedience). Common breaches include:
The officer acts beyond the scope of constitutional authority. Example: A legislator votes for a gun control law that violates the Second Amendment's "shall not be infringed" language.
Duty Violated: Duty to obey constitutional limits
The officer enforces unconstitutional statutes or regulations, violating their oath to "support this Constitution." Example: A police officer enforces an unconstitutional statute despite knowing it violates the Fourth Amendment.
Duty Violated: Duty of loyalty, duty to obey constitutional limits
The officer violates your First Amendment, Fourth Amendment, Fifth Amendment, or other constitutional rights. Example: A judge denies you due process by refusing to allow you to present evidence.
Duty Violated: Duty of care, duty to obey constitutional limits
The officer conceals material facts about jurisdiction, legal capacity, or authority. Example: A court presumes you are acting in a corporate capacity without disclosing this presumption or obtaining your informed consent.
Duty Violated: Duty of disclosure, duty of good faith
The officer serves corporate interests over the people's interests. Example: A legislator votes for a statute that benefits a corporation that donated to their campaign, even though the statute violates constitutional rights.
Duty Violated: Duty of loyalty
To prove breach, you must show that the officer's conduct violated at least one fiduciary duty. The more duties violated, the stronger your case.
Element 3: Causation
You must show that the officer's breach **caused** your injury. This requires proof of three sub-elements:
| Causation Element | What You Must Prove |
|---|---|
| Proximate Cause | The breach was the proximate (direct) cause of the injury |
| But-For Causation | The injury would not have occurred but for the breach |
| Foreseeability | The injury was foreseeable as a result of the breach |
Example
A police officer arrests you without probable cause, violating the Fourth Amendment. You are imprisoned for 30 days before the charges are dismissed.
- Proximate cause: The unconstitutional arrest directly caused your imprisonment
- But-for causation: You would not have been imprisoned but for the unconstitutional arrest
- Foreseeability: Imprisonment is a foreseeable result of an arrest
Causation establishes the link between the officer's breach and your injury. Without causation, you cannot recover damages even if a breach occurred.
Element 4: Damages
You must prove **actual damages** resulting from the breach. Damages may include:
Measurable financial losses:
- • Loss of property
- • Loss of income
- • Loss of financial opportunity
- • Legal fees and costs
Loss of constitutional rights:
- • Loss of liberty (imprisonment)
- • Loss of freedom of speech
- • Loss of due process
- • Loss of property without compensation
Psychological harm:
- • Anxiety and stress
- • Humiliation
- • Mental suffering
- • Loss of reputation
Available when breach was:
- • Willful or malicious
- • Fraudulent
- • In reckless disregard of rights
- • Egregiously unconstitutional
Damages must be proven with evidence. Economic damages require documentation (receipts, pay stubs, property records). Constitutional deprivation is proven by showing the violation occurred. Emotional distress may require testimony or medical records.
Why This Matters for Constitutional Restoration
Key Takeaways
- Four elements must be proven. Fiduciary relationship, breach, causation, and damages are all required.
- Fiduciary relationship is usually easy to establish. If an officer holds a constitutional position and exercises authority over you, the relationship exists.
- Breach requires showing violation of at least one duty. The five fiduciary duties provide multiple grounds for establishing breach.
- Causation links the breach to your injury. You must show the breach directly caused your harm.
- Damages must be actual and proven. Economic, constitutional, emotional, and punitive damages are all available.
Understanding these four elements provides a roadmap for challenging unconstitutional governmental action. In Part 4, we'll examine **Breach of Trust with Fraudulent Intent**—a heightened form of breach involving deliberate deception.
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