Isabella Carter
The U.S. Constitution imposes several limits on Congress's legislative powers, including the Legislative Vesting Clause, which provides external limitations. The Constitution also outlines specific powers that Congress does not have, such as the ability to ban the importation of slaves before 1808, unnecessarily ban writs of habeas corpus, and convict a person without a trial. Further checks on congressional power include the President's qualified veto power over legislation, and the obligation to respond to subpoenas and respect witnesses' constitutional rights. The Supreme Court also plays a role in enforcing limitations on Congress, as seen in the case of Marbury v. Madison, where the Court asserted its authority to review the constitutionality of legislative acts.
| Characteristics | Values |
|---|---|
| Federal legislative power | Limited to powers expressly mentioned in the Constitution |
| Congressional investigative powers | Limited by the constitutional protections accorded to individuals under the Bill of Rights |
| Congressional power | Limited by the President's qualified veto power |
| Congressional power | Limited by the courts, which can declare acts that violate the Constitution void |
| Congressional investigative powers | Limited by the right to respect the dignity of Congress and its committees |
| Congressional investigative powers | Limited by the right to respect the constitutional rights of witnesses |
| Number of Representatives | Shall not exceed one for every 30,000 but each State shall have at least one |
| House of Representatives | Shall choose their Speaker and other officers |
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What You'll Learn
The President can veto legislation
One of the limits placed on Congress by the US Constitution is the President's qualified veto power over legislation. This power allows the President to act as a check on Congress and prevent "legislative tyranny". The President's veto power is one of the ways in which the US Constitution differs from the British legal tradition of parliamentary supremacy, by providing external limitations on Congress's power.
The President's veto power is not unlimited and is subject to certain qualifications. For example, Congress can override a presidential veto with a two-thirds majority vote in both houses. This process demonstrates the system of checks and balances inherent in the US constitutional system, where the powers of one branch of government are limited by the powers of another.
The President's veto power is intended to protect the interests of the people and prevent Congress from abusing its legislative powers. It reflects a recognition that Congress's power to make laws is not absolute and must be balanced by other branches of government. This limitation on Congress's power is further reinforced by the judicial branch, which has the authority to review the constitutionality of legislative acts and declare void any provisions that violate the Constitution.
In addition to the President's veto power, Congress's investigative powers are also limited by constitutional protections accorded to individuals under the Bill of Rights. For example, in the case of Watkins v. United States, the Supreme Court recognised that while Congress has the power to investigate, it must respect the constitutional rights of witnesses, such as those stemming from the Due Process Clause. This case established important boundaries for Congress's investigative powers and reinforced the principle that Congress is subject to the limitations placed by the Constitution on governmental action.
In conclusion, the President's veto power over legislation is a significant limit on Congress's authority under the Constitution. It serves as a crucial check on legislative power and protects against potential tyranny or abuse of power by Congress. This limit on Congress is further strengthened by the judicial branch's power of constitutional review and the protections afforded to individuals under the Bill of Rights.
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Respecting the rights of witnesses
The rights of witnesses are protected by the Constitution, which places limits on the powers of Congress. The Sixth Amendment outlines the rights of accused persons during criminal prosecutions, including the right to confront witnesses and to have compulsory process for obtaining witnesses in their favour. This is supported by the Bill of Rights, which applies to all forms of government action, including investigations.
The Supreme Court has affirmed the rights of witnesses in several cases. In Watkins v. United States, the Court recognised the investigatory power of Congress but asserted that this power must respect the rights of witnesses, including those stemming from the Due Process Clause. The case of Barber v. Page also established a common-law exception to the Confrontation Clause, allowing for the admission of testimonial statements from unavailable witnesses, provided the defendant had a prior opportunity for cross-examination.
The right to confront witnesses is a fundamental aspect of the Sixth Amendment. This right was reaffirmed in Crawford v. Washington, where the Court held that the Framers would not have allowed testimonial statements from witnesses who did not appear at trial unless they were unavailable and the defendant had a chance for cross-examination. The Supreme Court further clarified in Melendez-Diaz v. Massachusetts that criminal defendants must have the opportunity to cross-examine testimony made against them to fulfil the procedural due process of the Confrontation Clause.
While the Sixth Amendment guarantees the right to confront witnesses, it can be limited in certain situations. For example, in Smith v. Illinois, the Supreme Court ruled that a trial court may exercise reasonable judgment to protect witnesses from improper cross-examination intended to harass, annoy, or humiliate them. Additionally, the investigative nature of congressional committee hearings has led to interpretations that the Sixth Amendment's individual criminal procedural guarantees, such as the right to present evidence on one's behalf, may not apply in these contexts.
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Limited investigative powers
The investigative powers of Congress are limited by the constitutional protections accorded to individuals under the Bill of Rights. In the case of Watkins v. United States, the Supreme Court observed that citizens have a duty to cooperate with Congress in its efforts to obtain facts for legislative action. However, this must be balanced with the constitutional rights of witnesses, as outlined in the Due Process Clause.
The case of Watkins v. United States is particularly significant in understanding the limits of Congress's investigative powers. The witness in this case, Watkins, refused to answer questions before the House Un-American Activities Committee (HUAC) on the grounds that the questions related to matters outside the committee's scope. Watkins was convicted of criminal contempt of Congress, but the Supreme Court's opinion in this case set an important precedent. The Court recognised the broad investigative powers of Congress but asserted that these powers must respect the constitutional rights of witnesses.
The Legislative Vesting Clause of the U.S. Constitution also serves as a limitation on Congress's legislative power, marking a departure from the British tradition of parliamentary supremacy. The Anti-Federalists, during the post-Convention debates, expressed concerns about Congress's potential for excessive power. Alexander Hamilton, a supporter of the Constitution's ratification, argued that the courts could enforce the Constitution's limitations on Congress. This was affirmed in the Marbury v. Madison case, where the Supreme Court asserted its authority to review the constitutionality of legislative acts and declare void any provisions that violated the Constitution.
The Constitution outlines specific procedures that Congress must follow during investigations. These include responding to subpoenas, respecting the dignity of Congress and its committees, and testifying fully on matters within the province of proper investigation. The Sixth Amendment's individual criminal procedural guarantees, such as the right to present evidence and confront accusers, may not apply directly to committee investigations due to their investigative rather than criminal nature. However, the constitutional rights of witnesses must be respected, and validly asserted constitutionally-based privileges must be observed during congressional inquiries as part of the law-making process.
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Supreme Court oversight
The US Constitution does not explicitly mention congressional investigations and oversight. However, the authority to conduct investigations is implied since Congress possesses
The Supreme Court has ruled that Congress must confine itself to "legislative purposes" and avoid the strictly private affairs of individual citizens. Congressional investigations are subject to the limitations placed by the Constitution on governmental action. The Bill of Rights is applicable to investigations as to all forms of governmental action.
In 1927, in McGrain v. Daugherty, the Court considered whether the Senate could, in the course of an investigation regarding the Department of Justice, compel a witness—in that case, the brother of the Attorney General—to appear before a Senate committee. The Supreme Court observed that it is the duty of all citizens to cooperate with Congress in its efforts to obtain the facts needed for intelligent legislative action.
In Watkins v. United States, the Supreme Court recognised the extraordinary breadth of the investigatory power, but also made clear that the power must accommodate the constitutionally guaranteed rights and privileges of witnesses, including those stemming from the Due Process Clause. In this case, the witness had been convicted of criminal contempt of Congress after refusing to answer questions on the grounds that the questions related to matters outside the committee's scope.
In another case, the Supreme Court asserted its authority to review the constitutionality of legislative acts and to declare void those provisions of legislation that violated the Constitution.
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Checks on legislative power
The US Constitution imposes several checks on legislative power to prevent Congress from becoming too powerful. These checks, or limits, are designed to preserve individual liberty and prevent "legislative tyranny".
One of the key checks on legislative power is the Legislative Vesting Clause, which outlines an external limitation on Congress's power, marking a departure from the British tradition of parliamentary supremacy. The courts, including the Supreme Court, play a crucial role in enforcing these limitations. The Supreme Court has the authority to review the constitutionality of legislative acts and to declare void any provisions that violate the Constitution. This power was asserted in the Marbury v. Madison case in 1803, where the Court affirmed that the "theory of every such government must be that an act of the Legislature" is subject to the Constitution, which is the "fundamental and paramount law of the nation".
Additionally, the Constitution provides the President with a qualified veto power over legislation, allowing them to act as a "guardian of the people" against potential legislative overreach. This power was discussed by Gouverneur Morris in the Records of the Federal Convention of 1787.
The Constitution also limits Congress's investigative powers, which are subject to the protections accorded to individuals under the Bill of Rights. The case of Watkins v. United States (1957) is a notable example, where the Supreme Court recognised the broad investigatory power of Congress but affirmed that it must respect the constitutional rights of witnesses.
Furthermore, the Constitution outlines specific procedures for Congress to follow. Each House, for example, can determine its own rules of proceeding and can expel a member with a two-thirds majority. The Houses also have certain exclusive powers, such as the sole power of impeachment resting with the House of Representatives.
These checks and balances on legislative power aim to maintain a separation of powers and protect the rights and liberties of citizens.
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