Congress, while possessing significant legislative powers, is subject to distinct limitations outlined in the United States Constitution to prevent overreach and protect individual liberties.
Constitutional Limitations on Congress
The powers of the U.S. Congress are not absolute. Article I, Section 9 of the Constitution explicitly lists several actions that Congress is prohibited from taking. These limitations ensure a balance of power and safeguard the rights of states and citizens.
Here are 5 key things Congress cannot do:
- Tax Exports: Congress is forbidden from imposing any tax or duty on articles exported from any state. This provision ensures that states engaged in export-driven economies are not unfairly penalized through federal taxation. This is a direct prohibition found in the Constitution.
- Pass Ex Post Facto Laws: Congress cannot pass laws that criminalize an act that was legal when it was committed, or increase the penalty for a crime after it has been committed. This ensures fairness and prevents retroactive punishment, upholding the principle that individuals should know what constitutes a crime before they act. You can find more details on this in Article I, Section 9 of the U.S. Constitution.
- Pass Bills of Attainder: A bill of attainder is a legislative act that declares a person or group guilty of a crime and punishes them without a judicial trial. Congress is expressly prohibited from enacting such laws, thereby protecting the fundamental right to due process and a fair trial.
- Suspend the Writ of Habeas Corpus (Except in Certain Cases): The writ of habeas corpus is a legal mechanism that allows individuals to challenge their detention in court, requiring the government to justify their imprisonment. Congress cannot suspend this right unless in cases of rebellion or invasion when the public safety may require it. This is a vital safeguard against unlawful imprisonment. For more, see the National Archives' explanation of the Constitution.
- Grant Titles of Nobility: To prevent the establishment of a hereditary aristocracy and maintain a republican form of government, Congress is prohibited from granting any title of nobility. This ensures that all citizens are equal under the law and no special status is conferred based on birth or lineage.
These limitations, among others, underscore the carefully constructed framework of American governance, where power is distributed and constrained to protect the principles of liberty and justice.
