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
