Lecture 13: Limiting Congress

GOVT 2305: Federal Government

Instructor: Tom Hanna

2026-10-05

Today

Why majority rule still needs limits
Enumerated and prohibited powers
Bicameralism, judicial review, and other brakes
Bill of Rights — especially 9 and 10

Why This Matters

By the end of today you will explain why majority rule still needs limits, what enumerated and prohibited powers do, and how the other branches and the Bill of Rights constrain Congress.

Why limit Congress?

Not only kings

A congressional majority can still become tyranny of the majority

Aristotle’s warning

Aristotle true versus despotic forms

Democracy as rule by the many for themselves — not the common good.

Madison’s warning

Madison contrast of pure democracy and republic

Madison pure democracy versus republic

Majority faction can oppress minorities even under popular forms.

Crisis mentality

Misinformation and the availability heuristic make problems feel more urgent than long-run trends support.

Chart of rising life expectancy as a reminder of long-run human progress

Long-run progress reminder

Even in 1789

Citizens were largely solving their own problems — Congress could still break what was working

Enumerated powers

Herein granted

Enumerated powers concept

A list — not a blank check

Congress has the powers the Constitution grants — not whatever a majority wants

Necessary and Proper

Original understanding: necessary and proper — not merely convenient or “not too out of line”

Prohibited powers

Explicit bans

Article I, Section 9 — categories, not a full catalog:

Criminal-process limits: habeas corpus, bills of attainder, ex post facto laws
Anti-aristocracy / anti-corruption: titles of nobility; foreign emoluments

Bill of Rights limits Congress

Congress shall make no law

Ninth and Tenth

9th: listing rights does not deny others retained by the people
10th: powers not delegated are reserved to the states or the people

Elections

Congress may legislate on federal elections — but the primary presumption is state administration. States will resist major federal encroachments.

Structural brakes

Bicameralism

Two houses must agree — an internal limit on Congress itself

Original Senate

State legislatures appointed Senators — a federalism brake on the national legislature (changed by the 17th Amendment).

Presentment and veto

Diagram of checks and balances arrows among branches

Separation of powers and checks

Bills go to the President; veto forces a supermajority override.

Judicial review

Courts can hold acts of Congress unconstitutional — a hard outer limit

(We return to cases and doctrine in the Courts lectures.)

27th Amendment

No law varying congressional compensation takes effect until after an election of Representatives — a delayed self-deal brake.

Map of limits

Limits on Congress

Overview of powers among the three branches

Three branches and powers

Enumerated + prohibited powers
Bicameralism + original state-appointed Senate
Veto / presentment
Judicial review
Bill of Rights (esp. 9 & 10)
27th Amendment

Discussion

Prompts

When should a democratic majority be blocked?
Why treat “necessary and proper” as narrower than “convenient”?
Does judicial review fit a republic of limited powers — or threaten majority rule?

Reminders

Module 2 due October 9
Module 2 quiz: October 12

Next content

Trade-offs and unintended consequences — knowledge limits on what Congress (and government) can wisely do

Authorship and License

Do not submit to Quizlet, Chegg, Coursehero, or similar commercial sites.

Author	Tom Hanna
Website	tomhanna.me
License	CC BY-NC-SA 4.0