The Powers and the Duties of Government

The government often tries to control people\u27s behavior by the way it hands out benefits. The most common objection to this practice is that it violates the rights of beneficiaries.\u27 I want to make a simple observation about these rights cases. We used to treat the violation of rights as a question about the government\u27s power. Now we treat it as a question about the government\u27s duty. This shift in perspective is an important change. If we attend to it, we will be less perplexed by the problem of unconstitutional conditions. Though my point is simple, I will go to some length in making it. First, I will explain the old viewpoint - the focus on the powers of government. Next, I will explain the new one - the duties of government. Finally, I will point out how the shift from power to duty helps us solve some issues that arise in benefits cases

The Powers and the Duties of Government

In this Article, Professor Garvey discusses how government hand outs tend to violate the rights of beneficiaries. The author focuses on the powers of government and the duties of government. The power theory sees the government as a fictitious person endowed by the people with limited powers enumerated in the Constitution. To say that the government has a duty means that departures from constitutional standards are treated as occasions for criticism or condemnation of the government\u27s behavior, and that such deviations are a reason for imposing sanctions on those responsible for the government\u27s actions. In conclusion, the shift from power to duty helps solve some issues that arise in benefits cases