Malcolm Rivera
The US Constitution has been amended 27 times since 1787, with the most recent amendment being the 27th Amendment in 1992, which prevents Congress from changing its pay rate during its two-year term. While there is no single amendment that specifically limits Congress, the First Amendment and the Fifth Amendment have been cited as key restrictions on Congressional investigations. Additionally, the Fourteenth Amendment, passed in 1868, extended the Bill of Rights to formerly enslaved people, further limiting Congress's power by guaranteeing them equal civil and legal rights. The debate over term limits for Congress has also gained traction, with 87% of respondents in a 2023 survey supporting Congressional term limits, however, implementing this would require a challenging constitutional amendment.
| Characteristics | Values |
|---|---|
| Limits on Congress | First Amendment |
| Fifth Amendment | |
| Sixth Amendment | |
| Fourteenth Amendment | |
| Twenty-seventh Amendment | |
| Congressional term limits |
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What You'll Learn
First Amendment
The First Amendment to the United States Constitution was adopted on December 15, 1791, as one of the ten amendments that constitute the Bill of Rights. The First Amendment places limits on Congress by preventing it from making laws that interfere with certain individual freedoms. These include the freedom of religion, freedom of speech, freedom of the press, freedom of assembly, and the right to petition the government for redress of grievances.
The First Amendment ensures that Congress cannot establish an official religion or favour one religion over another. It also protects the free exercise of religion, allowing individuals to worship and express themselves according to their beliefs. This amendment upholds the separation of church and state and guarantees religious freedom for all Americans, regardless of their faith.
Additionally, the First Amendment safeguards freedom of speech and freedom of the press. It prevents Congress from abridging or restricting these freedoms, ensuring that individuals can speak, write, and publish their ideas and opinions without government interference. This protection extends to various forms of communication, including blogs, emails, rallies, speeches, letters, and pamphlets.
The right to assemble peaceably and petition the government is also protected by the First Amendment. Individuals have the freedom to gather and associate with others for a common purpose, and they can collectively address the government to seek change or raise grievances.
The Due Process Clause of the Fourteenth Amendment further reinforces these limitations on Congress by imposing the same restrictions on the states, ensuring that individual liberties are protected at both the federal and state levels.
The First Amendment is a fundamental part of the Bill of Rights, which was added to the Constitution to limit government power and protect individual freedoms. It serves as a safeguard against government overreach and ensures that Americans can exercise their natural rights without interference from the legislative, executive, or judicial branches of the national government.
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Fifth Amendment
The Fifth Amendment (Amendment V) to the United States Constitution guarantees several constitutional rights and limits governmental powers with respect to criminal procedure. It was ratified in 1791 as part of the Bill of Rights. The Fifth Amendment establishes that no person shall be compelled in any criminal case to be a witness against themselves. This privilege against self-incrimination is available to witnesses appearing before a congressional committee.
The Amendment also includes the "Takings Clause", which limits the power of eminent domain by requiring "just compensation" for private property taken for public use. This clause was likely adopted in response to the Continental Army's seizure of military supplies during the Revolutionary War. Originally, the Takings Clause only applied to the federal government, but in 1897, the Supreme Court ruled that the Fourteenth Amendment extended its effects to the states.
The Fifth Amendment also includes the Due Process Clause, which has been used to limit Congress's ability to enforce compliance with subpoenas through contempt. Additionally, the Double Jeopardy Clause provides the right of defendants to be tried only once in federal court.
The Supreme Court has extended most, but not all, rights of the Fifth Amendment to the state and local levels, meaning that no government, whether federal, state, or local, may deny people the rights protected by this Amendment.
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Congressional term limits
The United States Constitution does not currently impose term limits on members of Congress. Senators are elected for a term of six years, while representatives are elected for a term of two years, and there is no limit to the number of terms a person may serve in either position.
However, there have been efforts to amend the Constitution and impose term limits on Congress. In 1992, California voters adopted Proposition 164, which established term limits for California's senators and representatives in Congress. Proposition 164, however, is not expected to go into effect as the Supreme Court ruled that the qualifications of office for federal elective officials may only be changed by a constitutional amendment.
In 2025, a joint resolution, H.J.Res.12, was proposed to amend the Constitution and establish term limits for individuals serving in the Senate and the House of Representatives. The proposed amendment would make an individual who has served two terms in the Senate ineligible for reappointment or reelection to the Senate and an individual who has served three terms as a Member of the House of Representatives ineligible for reelection to the House.
As of May 2025, nineteen states have passed congressional term limits as part of a multi-subject application, and twelve states have passed the U.S. Term Limits (USTL) single-subject application for congressional term limits. To propose amendments to the Constitution without congressional approval, 34 state legislatures must pass resolutions. USTL is working to pass its single-subject congressional term limits application in 34 states.
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Congressional investigations
The US Constitution is rarely changed, but there has been much speculation about the next amendment to the nation's founding document. Several ideas have gained popularity, including an amendment to impose term limits on Congress. While this idea is popular, it is challenging to convert it into a new constitutional amendment. Since 1787, only 27 amendments have been added to the Constitution. The most recent amendment, the 27th Amendment, was added in 1992, barring Congress from altering its pay rate during its two-year term.
The First Amendment and the Fifth Amendment are the primary sources of limitations on Congressional investigations. The First Amendment can be used as a shield against a congressional inquiry, depending on the strength of the committee's legislative purpose. The Fifth Amendment also provides a privilege against self-incrimination for witnesses in a Congressional investigation. The Sixth Amendment's individual criminal procedural guarantees, such as the right to present evidence and confront accusers, do not apply in Congressional investigations due to their investigative rather than criminal nature.
The Bill of Rights applies to all forms of government action, including investigations. As a result, a congressional committee engaged in an investigation must observe applicable constitutional restrictions and respect validly asserted constitutionally-based privileges. While an investigation is not a law, it is part of the legislative process and is justified as an adjunct to lawmaking.
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Budget balancing
Unlike the constitutions of most US states, the United States Constitution does not require the United States Congress to pass a balanced budget. This has led to deficit spending and the creation of a national debt. The US federal government has always been in debt, except for a short period during the presidency of Andrew Jackson. As of 2024, the US government is over $36 trillion in debt.
There have been several proposals for a Balanced Budget Amendment (BBA) to the US Constitution. One of the earliest proposals was presented by Senator Millard Tydings, who introduced a resolution in support of an amendment that would have prohibited appropriations in excess of revenues without new debt authorization and required that any new debt be liquidated over a 15-year period. On August 4, 1982, the United States Senate introduced and debated Joint Resolution 58, an amendment requiring that "total outlays are no greater than total receipts" without a three-fifths majority vote of both houses. This passed in the Senate but was defeated in the House of Representatives.
Most BBA proposals allow for a supermajority to waive the requirement of a balanced budget in times of war, national emergency, or recession. However, crafting and passing such an amendment is challenging, politically tricky, and time-consuming. To achieve savings without increasing revenue, it is estimated that all spending in 2032 would need to be cut by 26%, rising to 33% if defence and veterans spending is exempted.
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Frequently asked questions
The First Amendment can be used as a shield against a congressional inquiry, depending on the strength of the committee's legislative purpose.
The Fifth Amendment protects witnesses from self-incrimination.
No, but there have been attempts to do so. In 1995, the Supreme Court ruled that only a constitutional amendment could place term limits on members of Congress.
