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Constitutional Change By Other Means. Chapter 3 Section 3. 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

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overview
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
1 basic legislation by congress
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
basic legislation cont
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
2 executive action
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
3 court decisions
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
4 party practices
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
5 custom
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
use your textbook to answer the following
Use your textbook to answer the following
  • Page 82 questions 2,3,4, and 6