![]() Instead, it applies to the Constitution’s separation of powers structure, which allows society’s many contestable issues to be debated rationally to foster a consensus around the public good. While divergent ideas are essential and constitutionally protected, the fiduciary’s duty of loyalty does not apply to individuals, groups or political parties. The academic literature supports this self-interest by arguing that public officials cannot be fiduciaries since it would be impossible to give loyalty to the many diverging interests confronting elected officials. These factions are today’s political parties and interest groups that build their brand, raise massive amounts of money and acquire power by preaching division. Unfortunately, today this view is rejected by what Madison terms “ factions,” groups of citizens united in a common interest adverse to others in the community. As fiduciaries, they cannot act beyond their legal authority and must administer laws impartially. These representatives are fiduciaries that must act to achieve the public good. The writings of John Locke, Edmond Burke and James Madison reflect a fundamental belief that no power is granted to our representatives as individuals. Of course, all take an oath to the Constitution and represent constituents, but such responsibilities are so abstract that they are meaningless. has elected representatives, but their duty of loyalty to whom or what is vague.
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