What the Constitution is-and why it matters -- The fiduciary background of the founding era -- Fiduciary government -- Categorizing the Constitution -- Incidental powers -- The duty of personal exercise of delegated power -- Duties of care and loyalty -- Impartiality
Summary
The United States Constitution is best understood, for purposes of interpretation, as a kind of fiduciary instrument, in which people entrust management of some of their affairs to others. Those kinds of documents were well known to eighteenth-century drafters and readers, and the Constitution is therefore best read against the background of fiduciary law with which the founding generation would have been familiar
