Fiduciary Duty in Government-Citizen Relationships
The Five Core Duties Government Officers Owe to Natural Persons
In Part 1, we established that the Constitution creates a trust relationship with government officers as trustees and the people as beneficiaries. But what does this mean in practice? What specific duties do officers owe to you?
**Fiduciary duty** is the highest standard of care recognized in law. When someone holds a fiduciary position, they must act in your best interest, exercise good faith, and avoid conflicts of interest. Government officers hold exactly this position—and when they violate these duties, they commit **breach of trust**.
What Is Fiduciary Duty?
A **fiduciary relationship** arises when one party (the fiduciary) holds a position of trust and confidence with respect to another party (the beneficiary). The fiduciary must:
Act in Your Interest
The fiduciary must prioritize your benefit over their own interests or the interests of third parties.
Exercise Good Faith
The fiduciary must act honestly and without fraudulent intent to deceive or deprive you of rights.
Avoid Conflicts
The fiduciary must not place themselves in positions where personal interest conflicts with duty to you.
In the government context, this fiduciary relationship flows from the Constitution's structure and the officer's Article VI oath to "support this Constitution."
Three Elements of Fiduciary Relationship in Government
A fiduciary relationship in government requires three elements:
| Element | Description | Constitutional Basis |
|---|---|---|
| Trust and Confidence | The people delegate authority to government officers through the Constitution | Preamble: "We the People... do ordain and establish" |
| Superior Position | Government officers hold coercive power over citizens (taxation, arrest, imprisonment) | Article I (legislative power), Article II (executive power), Article III (judicial power) |
| Duty of Loyalty | Officers must act in the people's interest, not their own or corporate interests | Article VI oath requirement: "support this Constitution" |
These three elements establish government officers as fiduciaries who owe the highest standard of care to natural persons. This isn't optional—it's constitutional mandate.
Five Core Fiduciary Duties of Government Officers
Government officers owe you five specific fiduciary duties. Understanding these duties is essential for identifying when officers breach trust:
Officers must act in the people's interest, not personal or corporate interests. This duty prohibits officers from serving corporate agendas, accepting bribes, or placing personal gain above constitutional obligations.
Example of Breach:
A legislator votes for a statute that benefits a corporation that donated to their campaign, even though the statute violates constitutional rights. The officer has placed corporate interests above the people's interests, breaching the duty of loyalty.
Officers must exercise authority honestly and without fraudulent intent. This duty prohibits deliberate deception, concealment of material facts, or knowingly enforcing unconstitutional statutes.
Example of Breach:
A judge conceals that a proceeding is in admiralty jurisdiction (corporate law) rather than common law jurisdiction, causing you to unknowingly waive constitutional protections. The judge has acted with fraudulent intent, breaching the duty of good faith.
Officers must exercise reasonable diligence in protecting constitutional rights. This duty requires officers to understand constitutional limits and avoid negligent violations of rights.
Example of Breach:
A police officer arrests you without probable cause because they failed to understand Fourth Amendment requirements. The officer's negligence in protecting your constitutional rights breaches the duty of care.
Officers must provide full and honest disclosure of legal capacity, jurisdiction, and authority. This duty prohibits capacity substitution, jurisdictional fraud, and concealment of material facts.
Example of Breach:
A court presumes you are acting in a corporate capacity (legal fiction) without disclosing this presumption or obtaining your informed consent. The court has concealed material facts about jurisdiction, breaching the duty of disclosure.
Officers must remain within constitutional boundaries of authority. This duty requires officers to refuse to enforce unconstitutional statutes and to challenge unconstitutional orders.
Example of Breach:
A legislator votes for a gun control law that directly violates the Second Amendment's "shall not be infringed" language. The legislator has exceeded constitutional authority, breaching the duty to obey constitutional limits.
Supreme Court Recognition of Fiduciary Duty
The Supreme Court has consistently recognized that government officers occupy positions of trust and owe fiduciary duties to the people:
"Public office is a public trust."
— **United States v. Brewster**, 408 U.S. 501, 517 (1972)
"The concept of a government of laws, not of men, requires that citizens have the right to challenge governmental action."
— **Harlow v. Fitzgerald**, 457 U.S. 800, 807 (1982)
These passages establish that government officers are **trustees, not sovereigns**, and that citizens have the right to challenge breaches of trust. This is the constitutional foundation for holding officers accountable.
Why This Matters for Constitutional Restoration
Understanding these five fiduciary duties provides a framework for identifying when officers breach trust:
Key Takeaways
- Officers owe you the highest standard of care. Fiduciary duty is the most demanding legal standard—officers must act in your best interest.
- Five specific duties create accountability. Loyalty, good faith, care, disclosure, and constitutional obedience are all enforceable.
- Breach of any duty voids the officer's acts. When officers violate fiduciary duties, their acts are void ab initio.
- You have the right to challenge breaches. The Supreme Court confirms citizens can challenge governmental action that breaches trust.
- This framework is constitutional law. It's grounded in Supreme Court precedent and the Constitution's structure—not "sovereign citizen" theory.
In Part 3, we'll examine the **Elements of Breach of Trust**—the four-part test for proving that an officer violated these fiduciary duties.
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