New Article: Government's Obligation To Be Impartial

The Constitution was adopted amid a belief that government is a public trust.* Does the Constitution require federal and state governments to adhere to formal duties of public trust—that is, to fiduciary duties? In some places, at least, it clearly does: The Equal Protection Clause of the Fourteenth Amendment imposes on the states what is […]

New Article: Government’s Obligation To Be Impartial

The Constitution was adopted amid a belief that government is a public trust.* Does the Constitution require federal and state governments to adhere to formal duties of public trust—that is, to fiduciary duties? In some places, at least, it clearly does: The Equal Protection Clause of the Fourteenth Amendment imposes on the states what is […]