Constitutional Change Don’t you need an amendment for that?

Constitutional Change As we have previously discussed, the founding fathers clearly proclaimed how the constitution is to be changed… AMENDMENTS! This has only happened 27 times in over 200 years. So does gov’t still operate and have only the powers expressed in the original constitution (plus 27 amendments)?

Constitutional Change Over time, many changes have been made in the constitution which have not involved any changes in its written words. These occur in 5 basic ways: Passage of legislation Executive Action Court decisions Party Practices Custom

Basic Legislation Congress has played a huge role in constitutional change in 2 ways 1. Passing a number of laws to spell out several of the Constitution’s brief provisions. Supreme court (Judiciary Act of 1789) 2. By they way it has used its powers. Power to regulate foreign and interstate commerce

Executive Action The manner in which various Presidents have used their powers. Only Congress can declare war, but the President is commander in chief. Executive agreement vs. Treaty

Court Decisions The nation’s courts interpret and apply the Constitution in many of the cases they hear. Marbury v. Madison 1803

Party Practices Despite no mention of political parties in the Constitution, they are a major source of constitutional change. National conventions, electoral college, appointments.

Customs Unwritten custom is often as strong as written law. Cabinet Presidential succession “no third term tradition: