The Constitution Chapter 3

Section 3 Informal Amendment

Informal Amendments The constitution has only been changed 17 times in the last 2 centuries + Why? Skeletal nature of the Constitution leads to the ability to interpret and change the constitution without changing its written words. 5 main methods are covered below.

Basic Legislation Passing laws: Many laws passed act to clarify the Constitution’s brief provisions. Many the framers left purposely skeletal. e.g. Article III and the Judiciary Act of 1789 Or Article II and the creation of Executive Departments. Regulating foreign and interstate commerce What do these words mean?

Executive Action The actions of the President and interpretations of executive power have led to changes in the function of government. Role as Commander in Chief Use of the military without formal declarations of war. Role as Chief of State Executive Agreements: A pact made by the president and another head of a foreign state.

Court Decisions Important court decisions can change the way the government works. Marbury v. Madison, 1803 Granted the Supreme court the authority of Judicial Review. “[The Supreme Court is] a constitutional convention in continuous session.” – Woodrow Wilson

Party Practices Parties have become a dominating force in effecting government structure and function. Constitution makes no mention of political parties and many founders feared their influence. Primary Elections have become a major part of the election process Electoral College has become a “rubber stamp”

Custom Certain customs have been created that affect the way the government works. The Cabinet: was a custom created by George Washington and has been followed by every other president. Presidential Succession Senatorial Courtesy Presidential Terms