ABSTRACT
The US Congress is sometimes accused of being hostile to individual rights. This accusation is not without foundation, but it is also true that Congress has intervened from time to time to protect civil liberties from infringements by the administrative branch of government. Since Marbury, Congress has repeatedly tested the limits of its constitutional authority, and the Supreme Court has often responded by striking down laws infringing on the liberties of US citizens. Members of Congress are elected. While government expansion has increased the likelihood of constitutional conflicts, the tendency of Congress to ignore constitutional constraints is hardly a new phenomenon. Congressional oversight committees regularly question officials about the activities of government agencies in order to ensure the compliance of those agencies with due process, equal protection, and other constitutional guarantees. Some of the thorniest issues raised by congressional action are in the areas of drug prohibition and national security.
