Informal Amendment

The Constitution Very brief document Very vague and even skeletal in nature Describes basic organization and processes Informal Amendment Process by which over time, many changes have been made in the Constitution which have not involved any changes in its written words Real key to Constitutional change and development

Informal Amendments Occurred from experiences of government under the constitution Continues to occur in 5 different ways 1.Basic legislation from Congress 2.Actions taken by the President 3.Decisions of Supreme Court 4.Activities of political parties 5.Custom

Basic Legislation Congress passed laws to explain the Constitutions provisions Article 3 Section 1 One Supreme Court and other inferior courts as Congress determines necessary from time to time All federal courts have been established by Congress Article 2 Creates only the office of President and VP All departments and agencies have been created by acts of Congress Congress has power to regulate foreign and interstate commerce By passing laws it has defined its own role and changed the constitution

Executive Action President is Commander and Chief Many Presidents have used the military to fight wars without a declaration of war Executive Agreement Pact between President and head of a foreign state Treaty, is a formal agreement between two or more sovereign states Executive agreements don’t need approval by Senate Still legally binding

Court Decisions US Supreme Court Interpret and apply the constitution in many cases Marbury vs. Madison Court decision claims the right of the Supreme Court to rule something unconstitutional, also affirmed the authority of federal power over States in the constitution Supreme Court is a constitutional convention in continuous session

Party Practices No mention of parties in constitution Most founding fathers opposed political parties No law requires nomination of candidates for presidency Since 1830s political parties have done just that Congress organized and works by party Presidential appointments follow party lines Electoral College Essentially a stamp for each State’s popular vote for a candidate

Custom Cabinet The 15 heads of executive departments The cabinet is a custom itself, not in the constitution Presidential Succession Upon all 8 Presidents deaths in office VP steps in Not actually written in constitution until 1967 (25 th Amendment) VP was to take the responsibilities, not the office itself Senatorial Courtesy Senate will not approve a presidential appointment opposed by a majority party Senator from the State in which the appointee would serve (Federal judge, US Marshall, etc)

Importance of Custom “No third term presidency” Custom established by George Washington Followed for 150 years FDR breaks tradition Gets elected to a third and fourth term 22 nd Amendment Added in 1951 (shortly after FDR’s death) President may only serve two terms A custom became part of the actual constitution