The U.S. as common-law trustee. At common law as enhanced by equity, a “use,” the trust’s ancient doctrinal predecessor, could not be enforced against the Crown. Today, jurisdiction over any suit against the U.S., as trustee or otherwise, requires a clear statement from the U.S. waiving sovereign immunity, together with a claim falling within the terms of the waiver. While the U. S., in theory, may have common-law, statutory, or constitutional authority to hold property in trust, the absence of the critical element of credible enforceability makes such trusteeships all but illusory. Moreover, a sovereign’s trusteeship of an item […]
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