1. The Constitution
Chapter 3

2. Section 3
Informal Amendment

3. 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.

4. 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?

5. 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.

6. 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

7. 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”

8. 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