The “Un Written” Constitution Section 3
The “Un Written”
Constitution
Section 3
Written Constitution: First Seven Articles & Amendmentsclearly written & specifics about outline of the government!
Ideas that are accepted as a needed part of the government, not specifically written in the Constitution.
Essential parts of our government, that are NOT stated in the Constitution.
All of these are part of our government, but NEVER stated in the Constitution.
Congressional Committees help legislatures to research and pass laws, but are NOT mentioned in the Constitution.
The idea of a president ’s cabinet started with George
Washington, and today we have 14 departments that advise!
Many parties, started with federalist & anti-federalist, but not mentioned in the Constitution.
Evolution of Political
Parties…
The Constitution makes no mention of political parties, they developed as the country grew.
The Constitution does not say how candidates for president should be nominated, political parties established the procedures.
Judicial Review consists of the power of the court to determine the constitutionality of government action, NOT in Constitution.
Unwritten Constitution
Amendments are not the only way the
Constitution has changed….
•
The meaning of the
Constitution can be affected through daily operations of the government.
Five Ways to change
1.
Basic legislation
2.
Executive action
3.
Court decisions
4.
Party practices
5.
Custom and usage
Just as there is a written way to change the Constitution..
Amendments…..
There are “informal ways” to change the
Constitution that have evolved over time..
A statement in the Constitution granting the power to pass all laws necessary and proper for carrying out the powers given to the federal government.
Gives Congress power to interpret & change the
Constitution!
How can the President change the
Constitution?
Executive Action “Powers” - aka Executive
Agreements/Orders
Use of executive power to take an action
A pact between the president and the leader of a foreign country different from a formal treaty/no approval by Congress.
Executive Orders
Japanese American Interment
Camps
How do court decisions affect the Constitution?
Court Decisions interpretations of law judicial reviewdetermine if a law or action of the government is unconstitutional!
