The concept of public trust relates back to the origins of

democratic government Democracy (From grc, δημοκρατία, dēmokratía, ''dēmos'' 'people' and ''kratos'' 'rule') is a form of government in which the people have the authority to deliberate and decide legislation ("direct democracy"), or to choose gover ...

and its seminal idea that within the public lies the true power and future of a society; therefore, whatever ''trust'' citizens place in its officials must be respected. One of the reasons that

bribery Bribery is the Offer and acceptance, offering, Gift, giving, Offer and acceptance, receiving, or Solicitation, soliciting of any item of value to influence the actions of an official, or other person, in charge of a public or legal duty. With reg ...

is regarded as a notorious

evil Evil, in a general sense, is defined as the opposite or absence of good. It can be an extremely broad concept, although in everyday usage it is often more narrowly used to talk about profound wickedness and against common good. It is general ...

is that it contributes to a culture of

political corruption Political corruption is the use of powers by government officials or their network contacts for illegitimate private gain. Forms of corruption vary, but can include bribery, lobbying, extortion, cronyism, nepotism, parochialism, patronage, in ...

in which public trust is eroded. Other issues related to political corruption or betrayal of public trust are

lobbying In politics, lobbying, persuasion or interest representation is the act of lawfully attempting to influence the actions, policies, or decisions of government officials, most often legislators or members of regulatory agency, regulatory agencie ...

, special

interest group Advocacy groups, also known as interest groups, special interest groups, lobbying groups or pressure groups use various forms of advocacy in order to influence public opinion and ultimately policy. They play an important role in the developm ...

s and the public

cartel A cartel is a group of independent market participants who collude with each other in order to improve their profits and dominate the market. Cartels are usually associations in the same sphere of business, and thus an alliance of rivals. Mos ...

United States

In the United States "Public Trust" is a

term of art Jargon is the specialized terminology associated with a particular field or area of activity. Jargon is normally employed in a particular communicative context and may not be well understood outside that context. The context is usually a particu ...

referring to any

public property Public property is property that is dedicated to public use. The term may be used either to describe the use to which the property is put, or to describe the character of its ownership (owned collectively by the population of a state). This is in ...

which belongs to the whole of the people. Initially it was used within the formation of the government to refer to

politicians A politician is a person active in party politics, or a person holding or seeking an elected office in government. Politicians propose, support, reject and create laws that govern the land and by an extension of its people. Broadly speaking, a ...

who achieve power by

election An election is a formal group decision-making process by which a population chooses an individual or multiple individuals to hold public office. Elections have been the usual mechanism by which modern representative democracy has opera ...

. In the

United States Constitution The Constitution of the United States is the Supremacy Clause, supreme law of the United States, United States of America. It superseded the Articles of Confederation, the nation's first constitution, in 1789. Originally comprising seven ar ...

, all members of Congress as well as the

President President most commonly refers to: *President (corporate title) *President (education), a leader of a college or university *President (government title) President may also refer to: Automobiles * Nissan President, a 1966–2010 Japanese ful ...

, and

Vice President A vice president, also director in British English, is an officer in government or business who is below the president (chief executive officer) in rank. It can also refer to executive vice presidents, signifying that the vice president is on t ...

are elected

seats A seat is a place to sit. The term may encompass additional features, such as back, armrest, head restraint but also headquarters in a wider sense. Types of seat The following are examples of different kinds of seat: * Armchair, a chair equ ...

therein. The first state constitution drafted in the

United States The United States of America (U.S.A. or USA), commonly known as the United States (U.S. or US) or America, is a country primarily located in North America. It consists of 50 states, a federal district, five major unincorporated territorie ...

was the

Maryland Constitution of 1776 The Maryland Constitution of 1776 was the first of four constitutions under which the U.S. state of Maryland has been governed. It was that state's basic law from its adoption in 1776 until the Maryland Constitution of 1851 took effect on July ...

, which expressed that all persons vested with the legislative and executive powers of government are public trustees.

Members of the Legislature

In The Federalist Papers #57, Alexander Hamilton defended the concept of a House of Representatives within the new Constitution by referring to those elected representatives as holding a public trust, obtained through election, and held accountable to the people through term limits.

The Executive

In The Federalist Papers #70 Alexander Hamilton addresses the Presidency in a discussion over having more than one executive, referring to the "magistry" being an elective office, as a public trust: George Washington opened his farewell address in 1796 inviting the people to elect a new executive to his "important trust:"

The Constitution

A Public Trust is the term used when referring to

elected officials An official is someone who holds an office (function or mandate, regardless whether it carries an actual working space with it) in an organization or government and participates in the exercise of authority, (either their own or that of their su ...

in the

, to differentiate them from civil officers. For example, the No Religious Test clause of Article VI includes both civil officers (commissioned either by the

or the Constitution) and elected officials directly:

Founding Father The following list of national founding figures is a record, by country, of people who were credited with establishing a state. National founders are typically those who played an influential role in setting up the systems of governance, (i.e. ...

Thomas Jefferson Thomas Jefferson (April 13, 1743 – July 4, 1826) was an American statesman, diplomat, lawyer, architect, philosopher, and Founding Fathers of the United States, Founding Father who served as the third president of the United States from 18 ...

is popularly cited for his statement in a letter to Baron von Humboldt: Public trust is different from an ''office of trust'', which is an officer. The descriptive term ''public'' is referring to

public In public relations and communication science, publics are groups of individual people, and the public (a.k.a. the general public) is the totality of such groupings. This is a different concept to the sociological concept of the ''Öffentlichkei ...

ownership of the trust. In 1892 the

United States Supreme Court The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It has ultimate appellate jurisdiction over all U.S. federal court cases, and over state court cases that involve a point o ...

found in

Illinois Central Railroad Co. v. Illinois The Supreme Court of the United States, Supreme Court decision in ''Illinois Central Railroad v. Illinois'', 146 U.S. 387 (1892), reaffirmed that each state in its sovereign capacity holds title to all submerged lands within its borders and holds ...

that states have public ownership of all submerged land in navigable waters, determining that states manage these lands in trust for the citizens and that no state legislature can abdicate its authority as the trustee of these resources. This added

natural resources Natural resources are resources that are drawn from nature and used with few modifications. This includes the sources of valued characteristics such as commercial and industrial use, aesthetic value, scientific interest and cultural value. O ...

to the concept of public trust. Certain cultural resources were later also added as a public trust.

Use in the Philippines

In the Philippines, "betrayal of public trust" is one of the impeachable offenses. In ''Francisco, Jr. vs. Nagmamalasakit na mga Manananggol ng mga Manggagawang Pilipino, Inc.,'' the

Supreme Court of the Philippines The Supreme Court ( fil, Kataas-taasang Hukuman; colloquially referred to as the ''Korte Suprema'' lso used in formal writing is the highest court in the Philippines. The Supreme Court was established by the Second Philippine Commission on Ju ...

ruled that the definition of "betrayal of public trust" is "a non-justiciable political question which is beyond the scope of its judicial power" under the Constitution. It did not prescribe which branch of government has the power to define it, but implies that Congress, which handles impeachment cases, has the power to do so.

References

External links

Social ethics Government

Trust Trust often refers to: * Trust (social science), confidence in or dependence on a person or quality It may also refer to: Business and law * Trust law, a body of law under which one person holds property for the benefit of another * Trust (bus ...

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