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Informal Amendment

Informal Amendment. The Constitution . Very brief document Very vague and even skeletal in nature Describes basic organization and processes Informal Amendment

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Informal Amendment

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  1. Informal Amendment

  2. 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

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

  4. 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

  5. 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

  6. 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

  7. 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

  8. 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 (25th 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)

  9. 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 • 22nd Amendment • Added in 1951 (shortly after FDR’s death) • President may only serve two terms • A custom became part of the actual constitution

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