Legal Definitions - constitutional limitation

A constitutional limitation refers to a specific rule or principle embedded within a constitution that serves to restrict or define the boundaries of power for any part of the government. These limitations ensure that governmental branches, agencies, or individual officials do not exceed their designated authority and respect fundamental rights or established processes.

Here are some examples illustrating this concept:

• Example 1: Freedom of Speech
  The First Amendment to the U.S. Constitution states that "Congress shall make no law...abridging the freedom of speech." This means the legislative branch (Congress) cannot pass laws that prevent people from expressing their opinions, even if those opinions are unpopular.

  How it illustrates the term: This provision is a constitutional limitation because it directly restricts the power of the legislative branch. It sets a clear boundary on what Congress can and cannot do regarding free expression, preventing it from infringing upon a fundamental individual right.

• Example 2: Protection Against Unreasonable Searches
  The Fourth Amendment protects individuals from "unreasonable searches and seizures" and requires law enforcement to obtain a warrant based on "probable cause" before searching private property.

  How it illustrates the term: This amendment acts as a constitutional limitation on the executive branch, specifically on law enforcement agencies and officers. It restricts their power to search private property or seize evidence without proper legal justification, thereby safeguarding citizens' privacy and security against arbitrary government action.

• Example 3: Presidential Term Limits
  The 22nd Amendment to the U.S. Constitution limits a person to being elected President of the United States to two terms.

  How it illustrates the term: This is a constitutional limitation on the power of the executive branch and, specifically, on the President. It prevents any single individual from holding the highest office indefinitely, ensuring a regular transfer of power and preventing the concentration of too much authority in one person for an extended period.