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Who: Kimball Corson. Text and Photos not disclaimed or that are obviously not mine are copyright (c) Kimball Corson 2004-2016
Port: Lake Pleasant, AZ
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A Duty of Loyal and Honest Representation

23 November 2015 | Pago Pago, American Samoa
Kimball Corson
The oligarchy controls our government. Protected and promoted by republicans and conservatives, it has used lobbyists and money to acquire favors and privileges against the interests of the majority of people from our elected representatives in congress and at all levels of government. Our representatives have sold us out. Campaign finance reform, we are told, is the only answer, but all know that such reform is an impossibility. So what can and should be done to have our representatives be required by law to loyally and honestly represent the majority's interests, and not instead the interests of a wealthy minority who wants action that is against majority interests.

The first thing to recognize is that anyone acting in a representative capacity of any kind owes those represented a duty of loyalty and honesty. Consider a lawyer. Can you imagine us letting a lawyer claim he has no duty to his client and can do what the one paying him the most wants him to in the name of his client and even against his client's interest? It is laughable. The same thing for an accountant, a financial representative or any agent. All owe their principle or client at a bare minimum, if not a fiduciary duty, at least a duty of loyal and honest representation that precludes them from acting against their client's interest. That is the essence of serving in a representative capacity.

So how do such legal duties come into existence? They are inferred by courts in cases decided over time. This is how most representatives duties have come to be defined, including those of lawyers and others. Court infer and decide those duties. Implied warranties of fitness for intended purpose and of merchanabilty are further examples of how courts infer duties. It is not a quantum leap of substantive law for courts in infer that political representatives owe a legal duty to their constituents to loyally and honestly represent their true majority interests and to do so contrary and in opposition to special interests that seek to compromise those majority interests for their own personal gain at the expense of the majority. This duty of loyalty and honesty can be properly be inferred as a matter of law from the fact of representative capacity. All courts need to do so is a modicum of courage.

This approach, coupled with legal recourse, would largely obviate the need for campaign finance reform. Some sort of screening committee would likely be necessary to weed out frivolous claims, but that too is doable and has been successfully done in some states with medical mal-practice claims. It is about time a duty of loyalty and honesty to our interests is imposed on our elected representatives. Enough is enough.
Comments
Vessel Name: Altaira
Vessel Make/Model: A Fair Weather Mariner 39 is a fast (PHRF 132), heavily ballasted (43%), high-aspect (6:1), stiff, comfortable, offshore performance cruiser by Bob Perry that goes to wind well (30 deg w/ good headway) and is also good up and down the Beaufort scale.
Hailing Port: Lake Pleasant, AZ
Crew: Kimball Corson. Text and Photos not disclaimed or that are obviously not mine are copyright (c) Kimball Corson 2004-2016
About:
Kimball Corson: I am a 75 year old solo sailor, by choice. However, I did take on a personable, but high maintenance female kitten, now a full grown cat, named KiKiPoo when she is sweet, or KatKatPo after she has just killed something like a bird or bat. [...]
Extra:
Although I was a lawyer and practiced law with good success for thirty years, creating significant new law, I never really believed in the law, the politics of law or in the over reaching self-interest of most lawyers I met. Too much exposure to Nietzsche and other good and seriously thoughtful [...]
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Profile

Who: Kimball Corson. Text and Photos not disclaimed or that are obviously not mine are copyright (c) Kimball Corson 2004-2016
Port: Lake Pleasant, AZ