Change by Other Means Basic Legislation -The many departments, agencies, and offices in the now huge executive branch have been created by acts of Congress. - An additional example is that the Constitution deals with the succession of the president stating that if the presidency becomes vacant then the Vice President automatically succeeds to the office. - If the presidency and vice presidency is vacant, who becomes president? The answer is left to Congress. -Congress adds to the Constitution by the way it uses its many powers. -For example, the Constitution gives Congress the power to regulate foreign commerce, but the Constitution never states what “foreign commerce” is, so that is left up to Congress to define. -CONGRESS HAS EXPANDED THE CONSTITUTION

Executive Actions -Various Presidents have used their powers to contribute to the growth of the Constitution. -Examples: - Constitution says Congress can only declare war, however, several Presidents have made war without a declaration of war. - Presidents make a pact directly with the head of a foreign state, also known as an executive agreement - Most Presidents insist that the phrase “executive power” in the Constitution include much more power than the presidential powers set out in Section I of Article II.

Party Practices -The nation’s political parties have been a major agent of constitutional change over the course of political history despite that the Constitution makes no mention of them. -George Washington, in his farewell address in 1796, warned the people against what he called “the baneful effects of the spirit of party.” -Political parties have had a major place in the shaping of government and its processes ever since. - Both houses of Congress are organized and conduct much of their businesses on the basis of their party. - Government in the United States is in many ways government through party.

Custom and Usage -Unwritten customs may be as strong as written law, and many of them have developed in the governmental system. -Examples: - The Cabinet is created by custom and not because the Constitution says so. - The succession of the office of the President transferred to the Vice-President wasn’t a practice of the Constitution until the 25 th Amendment was added in The Senate will approve the appointment of presidential appointees is an unwritten rule, but a long-established custom. -The purpose of this custom shifts a purpose of the appointing power from the President to certain member of the Senate. -For 150 years, the “no third-term tradition” was a closely followed rule in presidential politics. There was no written rule in the Constitution not allowing a president to run for more than two terms. - George Washington and presidents thereafter refused to run for a third term. - Franklin Roosevelt broke the tradition by running and winning three and fourth terms. - As a result of this the 22 nd Amendment was added to the Constitution in 1951 limited the President to two terms.