Informal Amendment Process Basic Legislation: (Congress) Passed a number of laws to spell out several of the Constitution’s brief provisions * Judiciary Act 1789 – created courts as allowed by Art III, Sect 1 Added to the Constitution by the way in which it has used many of its powers Expressed power to regulate foreign and interstate commerce – what does that mean exactly?

Informal Amendment Process Executive Action (President) How Presidents use their powers – using powers of Commander in Chief to make war Executive Agreement – pact made by the President directly with the head of a foreign state Treaty – formal agreement between two or more sovereign states – needs Senate approval

Informal Amendment Process Court Decisions – how the Supreme Court and other interpret the Constitution Marbury vs Madison (1803)

Informal Amendment Process Party Practices: nominating candidates Neither the Constitution nor any law provides for the nomination of candidates for the presidency 1830’s – now: major parties have held conventions to pick them

Informal Amendment Process Custom: Cabinet – President’s advisory body, heads of the 14 executive departments VP to President: Constitution says that the powers and duties of the presidency - NOT the office itself – should be transferred to the Vice President …..until the passage of the 25th Amendment in 1967 Senatorial Courtesy – President picking an appointee that is acceptable to the senator or senators of the President’s party from the State involved.