1. 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?

2. 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

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

4. 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

5. 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.