Law Commons^™

The Constitution And The Public Trust, Robert G. Natelson

Faculty Law Review Articles

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. …

The General Welfare Clause And The Public Trust: An Essay In Original Understanding, Robert G. Natelson

Faculty Law Review Articles

This article examines the three traditional interpretations of the General Welfare Clause -- first, that it is a plenary grant of regulatory and spending power to Congress; second, that it is a plenary grant of spending power only; and third, that it is not a grant of power at all. The author finds severe textual problems with the first and second interpretations and his historical analysis confirms that those interpretations have little basis in original understanding. The third view, says the author, is the most textually sound.

Part II of the article addresses prior studies of the General Welfare Clause …