The Founding Fathers were consciously aware of human nature and how it manifested itself in behaviors evidenced throughout history. They believed that an enumerated guideline curbing the self destructive behavior of human nature while unleashing its incredible potential was required to achieve and maintain a sustainable Republic. The point of regulation is to do the same: to inspire an environment of opportunity leading to prosperity, not one of fear and arbitrary constraint.
A Fiduciary Duty is one that in action and intent places someone else’s interest before yours and it is an oath that requires diligence and oversight. It is either safeguarded and bound by statute via visible regulation that heightens awareness or it is reduced by human nature and behaviors that masks its true purpose. It should be coveted and upheld instead of blurred by interpretation with intent to usurp.
In spirit, Fiduciary Responsibility and Constitutionality come from the same hallowed ground. This is a qualified preference that seems to be more consistent with the rights of the enumerated sovereign.