Constitutional Change By Other Means

1. Constitutional Change By Other Means Chapter 3 Section 3

2. Overview • The Constitution is written in a pretty skeletal fashion. It has been fleshed out not by formal amendment but by day to day and year to year experiences. • Informal change has occurred in 5 basic ways • Passage of basic legislation • Presidential Actions • Supreme Court Decisions • Activities of Political Parties • Custom

3. 1. Basic Legislation by Congress -A. Passed laws to spell out several of the Constitution’s brief provisions • Structure of the federal court system • Departments and agencies of the Executive Branch • Presidential succession

4. Basic Legislation cont. B. Congress has added to the Const. by the way that it has used its power • Defining and regulating interstate and foreign commerce

5. 2. Executive Action • The way Presidents have used their power has contributed to the Const. • Power to wage war not declare war • Power to create an executive agreement

6. 3. Court Decisions • The nation’s courts, particularly the Supreme Court interpret the Const. • Marbury v. Madison • Brown v. Board of Education • Roe v. Wade

7. 4. Party Practices • There is no mention of political parties in the Constitution but they have shaped the Const. • Nomination of candidates for President • The way both houses of Congress are organized and conduct business

8. 5. Custom • Unwritten custom may be as strong as written law • Heads of the 15 executive departments make up the cabinet • Senatorial courtesy • Before the 22nd amendment- no third term fro Presidents (custom began by George Washington and ignored by Franklin Roosevelt

9. Use your textbook to answer the following • Page 82 questions 2,3,4, and 6