Fiduciary Duty

A delegated authority cannot be again delegated.

Delegata potestas non potest delegari.

Source: 2 Inst. 597; Broom, Max. 840; 2 Bouv. Inst. n. 1300; Weisman, 11a

Government power delegated by the People cannot be sub-delegated to private actors, corporations, or agencies without express constitutional authorization.

When anything is commanded, everything by which it can be accomplished is also commanded.

Quando aliquid mandatur, mandatur et omne per quod pervenitur ad illud.

Source: 5 Co. 116; Weisman, 11g

A grant of authority includes the means necessary to exercise it — but no more. The grant must exist before the means can be implied.

Right and obligation are correlative terms.

Jus et obligatio sunt correlata.

Source: Ogden v. Saunders, 25 U.S. 213, 281; cf. Blackstone, 1 Comm. 123

Every right held by one person implies a corresponding duty in another to respect it. Where there is no duty, there is no right — and where there is a right, there must be a remedy for its violation.

He who receives the benefit should also bear the burden.

Qui sentit commodum, sentire debet et onus.

Source: 1 Co. 99; Broom, Max. 706-713; 1 Kames, Eq. 289; 1 Story, Const. 78

Benefit and burden are inseparable — a government that claims the benefit of authority must also bear the burden of its fiduciary duties.

He who bears the burden should also enjoy the benefit.

Qui sentit onus, sentire debet et commodum.

Source: 1 Co. 99a; Broom, Max. 638; Weisman, 12g

The People who bear the burden of taxation, obedience, and civic duty are entitled to the benefit of protection and liberty — the equation must balance.