San Diego Law Review


John H. Garvey

Library of Congress Authority File


Document Type



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's behavior, and that such deviations are a reason for imposing sanctions on those responsible for the government's actions. In conclusion, the shift from power to duty helps solve some issues that arise in benefits cases.

Included in

Law Commons