III.

Limits on the Powers of Congress

The Constitution limits congressional power. The original articles of the Constitution and the Bill of Rights—the first ten amendments to the Constitution—bar Congress from passing some types of laws. The First Amendment, for example, prevents Congress from creating a national religion or interfering in lawful religious practices. It also declares that Congress cannot infringe on certain basic freedoms such as freedom of the press, speech, association, and petition. The Eighth Amendment specifies that Congress cannot impose “cruel and unusual” penalties on law-breakers. Other amendments create basic rights for people accused of crimes and limit the government’s power to take a citizen’s property.

The judicial branch—including federal district courts, appeals courts, and the Supreme Court of the United States—interprets laws, sometimes in ways not intended by Congress. The courts also shape laws by deciding whether they conform to the Constitution. This power, known as judicial review, is a powerful institutional check on Congress.

Perhaps the most substantial limit on Congress is the president’s power to veto legislation, which Congress can override only by a two-thirds vote of both chambers. The president also has informal power over Congress. The power and prestige of the White House gives the president an edge over Congress in attracting public attention, so the president can often press Congress to accept legislative proposals. The president has no constitutional authority to compel Congress to consider a specific legislative agenda, but members of the House and Senate often propose legislation on the president’s behalf.