Constitutional Amendment II

Prohibition of Capture and Affirmation of Public Fiduciary Duty

Section 1 - Public Office as Fiduciary Obligation

All persons holding public office, elected or appointed, serve in a fiduciary capacity to the people. Their sole duty is the protection and advancement of human dignity, equal standing, and the public good as defined by constitutional obligation, not private interest. No duty of loyalty shall be owed to any private entity, political party, donor, institution, or organization.

Section 2 - Prohibition of Capture

No private entity, individual, or organized body shall exercise structural leverage over governance. Structural leverage includes, but is not limited to: financial dependence, material inducement, promised future benefit, coercive influence, or conditional support that predictably or materially shapes policy, law, enforcement, or appointment. Any system, practice, or arrangement that enables such leverage is prohibited.

Section 3 - Invalidation of Purchased Outcomes

Any law, regulation, policy, contract, appointment, or official action materially influenced by private benefit or inducement is presumptively voidable upon determination of capture. Legitimacy of governance derives from public reasoning and accountability, not from private reward or pressure.

Section 4 - Protection of Intensity and Dissent

Passionate debate, dissent, conflict, and forceful advocacy within public institutions are protected and shall not constitute misconduct. Intensity of expression shall not be construed as instability, disorder, or breach of duty absent clear evidence of capture or abuse of authority.

Section 5 - Breach of Fiduciary Duty

Material alignment with private interests in violation of this Amendment constitutes breach of fiduciary duty. Such breach shall render an officeholder subject to removal, disqualification, or other constitutional consequence, independent of criminal liability or conviction.

Section 6 - Enforcement and Standing

The legislature shall be obligated to establish and maintain independent mechanisms for the investigation and adjudication of alleged capture and fiduciary breach. Any person shall have standing to challenge actions reasonably alleged to violate this Amendment, under procedures designed to prevent retaliation and ensure impartial review.

Section 7 - Non-Delegation and No Exception

The obligations and prohibitions of this Amendment shall not be delegated, waived, contracted around, recharacterized, or limited by statute. No emergency, necessity, tradition, or institutional custom shall justify exception.

Section 8 - Construction

This Amendment shall be construed broadly to prevent circumvention, consolidation of power, and the erosion of public accountability. Ambiguity shall be resolved in favor of human dignity, transparency, and the public interest over private power.