The concept of the public trust relates back to the origins of democratic government and its seminal idea that within the public lies the true power and future of a society; therefore, whatever trust the public places in its officials must be respected. One of the reasons that bribery is regarded as a notorious evil is that it contributes to a culture of political corruption in which the public trust is eroded. Other issues related to political corruption or betrayal of public trust are lobbying, special interest groups and the public cartel.
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In the United States "Public Trust" is a term of art referring to any public property which belongs to the whole of the people. Initially it was used within the formation of the government to refer to politicians who achieve power by election. In the United States Constitution, all members of Congress as well as the President, and Vice President are elected seats in the public trust. The first state constitution drafted in the United States was the Maryland Constitution of 1776, which expressed that all persons vested with the legislative and executive powers of government are trustees of the public.
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 THIRD charge against the House of Representatives is, that it will be taken from that class of citizens which will have least sympathy with the mass of the people.... Whilst the objection itself is levelled against a pretended oligarchy, the principle of it strikes at the very root of republican government. The aim of every political constitution is, or ought to be, first to obtain for rulers men who possess most wisdom to discern, and most virtue to pursue, the common good of the society; and in the next place, to take the most effectual precautions for keeping them virtuous whilst they continue to hold their public trust. The elective mode of obtaining rulers is the characteristic policy of republican government. The means relied on in this form of government for preventing their degeneracy are numerous and various. The most effectual one, is such a limitation of the term of appointments as will maintain a proper responsibility to the people.
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:
But one of the weightiest objections to a plurality in the Executive, and which lies as much against the last as the first plan, is, that it tends to conceal faults and destroy responsibility. Responsibility is of two kinds to censure and to punishment. The first is the more important of the two, especially in an elective office. Man, in public trust, will much oftener act in such a manner as to render him unworthy of being any longer trusted, than in such a manner as to make him obnoxious to legal punishment.
George Washington opened his farewell address in 1796 inviting the people to elect a new executive to his "important trust:"
The period for a new election of a citizen to administer the executive government of the United States being not far distant, and the time actually arrived when your thoughts must be employed in designating the person who is to be clothed with that important trust
A Public Trust is the term used when referring to elected officials in the United States Constitution, to differentiate them from civil officers. For example, the No Religious Test clause of Article VI includes both civil officers (commissioned either by the President
31 or the Constitution) and elected officials directly::
...but no religious test shall ever be required as a qualification to any office or public trust under the United States.
Founding father Thomas Jefferson is popularly cited for his statement in a letter to Baron von Humboldt:
When a man assumes a public trust, he should consider himself as public property. @18:
Public trust is different from an office of trust, which is an officer. Office The descriptive term public is referring to the public ownership of the trust.:
In 1892 the United States Supreme Court found in Illinois Central Railroad Co. v. Illinois that states have public ownership of all submerged land in navigable waters, determining that states manage these lands in trust for the public and that no state legislature can abdicate its authority as the trustee of these resources. This added natural resources to the concept of public trust. Certain cultural resources were later also added as a public trust.[ citation needed ]
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 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.
The governor of Michigan is the chief executive of the U.S. state of Michigan. The current governor is Gretchen Whitmer, a member of the Democratic Party, who was inaugurated on January 1, 2019, as the state's 49th governor. The governor is elected to a 4-year term and is limited to two terms.
The president of the United States (POTUS) is the head of state and head of government of the United States of America. The president directs the executive branch of the federal government and is the commander-in-chief of the United States Armed Forces.
Separation of powers refers to the division of a state's government into branches, each with separate, independent powers and responsibilities, so that the powers of one branch are not in conflict with those of the other branches. The typical division is into three branches: a legislature, an executive, and a judiciary, which is the trias politica model. It can be contrasted with the fusion of powers in parliamentary and semi-presidential systems, where the executive and legislative branches overlap.
Article One of the United States Constitution establishes the legislative branch of the federal government, the United States Congress. Under Article One, Congress is a bicameral legislature consisting of the House of Representatives and the Senate. Article One grants Congress various enumerated powers and the ability to pass laws "necessary and proper" to carry out those powers. Article One also establishes the procedures for passing a bill and places various limits on the powers of Congress and the states from abusing their powers.
Article Three of the United States Constitution establishes the judicial branch of the federal government. Under Article Three, the judicial branch consists of the Supreme Court of the United States, as well as lower courts created by Congress. Article Three empowers the courts to handle cases or controversies arising under federal law, as well as other enumerated areas. Article Three also defines treason.
The president of the Republic of Korea is the head of state and head of government of South Korea. The President is the head of the executive branch of the Government of South Korea as well as being the commander-in-chief of the Republic of Korea Armed Forces.
The federal government of the United States is the national government of the United States, a federal republic in North America, composed of 50 states, a federal district, five major self-governing territories and several island possessions. The federal government is composed of three distinct branches: legislative, executive, and judicial, whose powers are vested by the U.S. Constitution in the Congress, the president and the federal courts, respectively. The powers and duties of these branches are further defined by acts of Congress, including the creation of executive departments and courts inferior to the Supreme Court.
The governor of the State of South Carolina is the chief executive of South Carolina serving as its head of state and head of the executive of the government of South Carolina. The governor is the ex officio commander-in-chief of the National Guard when not called into federal service. The governor's responsibilities include making yearly "State of the State" addresses to the South Carolina General Assembly, submitting an executive budget, and ensuring that state laws are enforced.
The president of the Philippines is the head of state and the head of government of the Philippines. The president leads the executive branch of the Philippine government and is the commander-in-chief of the Armed Forces of the Philippines. The president is directly elected by the people, and is one of only two nationally elected executive officials, the other being the vice president of the Philippines. However, four vice presidents have assumed the presidency without having been elected to the office, by virtue of a president's intra-term death or resignation.
New York is a Democratic stronghold and is considered to be one of the "big three" Democratic strongholds alongside California and Illinois.
The Midnight Judges Act represented an effort to solve an issue in the U.S. Supreme Court during the early 19th century. There was concern, beginning in 1789, about the system that required the Justices of the Supreme Court to "ride circuit" and reiterate decisions made in the appellate level courts. The Supreme Court Justices had often expressed concern and suggested that the judges of the Supreme and circuit courts be divided. The Act was repealed by Congress on January 22, 1802.
The Constitution of the State of Tennessee defines the form, structure, activities, character, and fundamental rules of the U.S. State of Tennessee.
The Constitutional Convention took place from May 25 to September 17, 1787, in the old Pennsylvania State House in Philadelphia. Although the convention was intended to revise the league of states and first system of government under the Articles of Confederation, the intention from the outset of many of its proponents, chief among them James Madison of Virginia and Alexander Hamilton of New York, was to create a new government rather than fix the existing one. The delegates elected George Washington of Virginia, former commanding general of the Continental Army in the late American Revolutionary War (1775–1783) and proponent of a stronger national government, to become President of the convention. The result of the convention was the creation of the Constitution of the United States, placing the Convention among the most significant events in American history.
Federalist No. 78 is an essay by Alexander Hamilton, the seventy-eighth of The Federalist Papers. Like all of The Federalist papers, it was published under the pseudonym Publius.
Federalist No. 52, an essay by James Madison or Alexander Hamilton, is the fifty-second essay out of eighty-five making up The Federalist Papers, a collection of essays written during the Constitution's ratification process, most of them written either by Hamilton or Madison. It was published in the New York Packet on February 8, 1788, with the pseudonym Publius, under which all The Federalist papers were published. This essay is the first of two examining the structure of the United States House of Representatives under the proposed United States Constitution. It is titled The House of Representatives".
Federalist No. 67 is an essay by Alexander Hamilton, the sixty-seventh of The Federalist Papers. This essay's title is "The Executive Department", and it begins a series of eleven separate papers discussing the powers and limitations of that branch. Federalist No. 67 was published, like the rest of the Federalist Papers, under the pseudonym Publius. It was published in the New York Packet on Tuesday, March 11, 1788.
The Constitution of the State of Michigan is the governing document of the U.S. state of Michigan. It describes the structure and function of the state's government.
An office of profit means a position that brings to the person holding it some financial gain, or advantage, or benefit. It may be an office or place of profit if it carries some remuneration, financial advantage, benefit etc.
The Guarantee Clause, also known as the Republican Form of Government Clause, is in Article IV, Section 4 of the United States Constitution, and requires the United States to guarantee every State a Republican form of government and provide protection from foreign invasion and domestic violence.
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