chapter 3, section 3 "constitution change by other means"
TRANSCRIPT
U.S. Government Chapter 3 – Section 3
Executive agreement
Treaty
Electoral college
Cabinet
Senatorial courtesy
Section Objectives:
Identify how basic legislation changed the Constitution over time.
Describe the ways in which the Constitution has been altered by executive and judicial decisions.
4.6 – Understand the concept of federalism 5.4 – Understand the U.S. Constitution as a living
document in both principle and practice
Many changes have been made over time to the Constitution not in writing (or formal amendment) but rather by the day-to-day experiences of government under the Constitution
Many changes have been made, but not to the written word
Five basic ways to “informally” change the Constitution
1. basic Legislation
2. executive action
3. court decisions
4. party practices
5. custom
Over time Congress has “added the flesh to the bones” of the Constitution
Congress passes laws to spell out the details of provisions that were purposefully left “skeletal” by the framers
Ex. The structure of the federal court system
The Constitution says that if the office of president is left open, the vice president is to fill the position. Laws passed by Congress give more details.
Presidents have expanded their power over time several ways
Power to declare war (given to Congress by the Constitution) has been used by the President (Commander-in-chief as written by the Constitution)
Executive agreements can be made between presidents and other foreign leaders
Executive agreements do not have to be approved by congress
The Supreme Court has the ability to interpret and apply the Constitution in cases they hear.
“A constitutional convention in continuous session.” Woodrow Wilson
The Constitution does not mention political parties but they have played a major role in the shaping of the government and its processes.
Political parties hold conventions which are not written into the Constitution
Political parties have converted the electoral college from what the Framers intended into a “rubber stamp” for each state’s popular vote in presidential elections
Upholding long-held customs as constitutional necessity
Unwritten custom may be as strong as written law
By custom, not because of the Constitution, the heads of the 15 executive departments make up the president’s Cabinet