Formal vs. Informal
Identify if the following were formal or informal changes to the U.S. Constitution. If it was a formal
change, write down the number of the amendment that created the change. If it was an informal
change, identify why it is considered informal (Presidential Action, Basic Legislation, Court Case,
Party Practices, and Custom).
1. Poll taxes may not be used as a requirement for voting.
2. Literacy tests may not be used as a requirement for voting.
3. Abortion cannot be restricted during the first trimester.
4. All Presidential candidates of the two major parties are nominated by a national convention.
5. A segregated public school must integrate with all deliberate speed.
6. A suspect must be told of his/her right to silence (not to witness against himself).
7. Michigan chooses to impose the death penalty.
8. A president may serve no more than two terms.
9. The U.S. enters into a treaty with England.
10. There are 435 members of the House of Representatives.
11. The President appoints secretaries for each of the 15 Departments and they become his cabinet.
12. Upon the death of the President, the Vice-President takes over the “power and duties” of the
Presidency.
13. A state recognizes same-sex marriage.
14. The Supreme Court has nine justices.
15. A person must be tried by an impartial jury in a speedy and public trial.
Formal vs. Informal – Key
Identify if the following were formal or informal changes to the U.S. Constitution. If it was a formal
change, write down the number of the amendment that created the change. If it was an informal
change, identify why it is considered informal (Presidential Action, Basic Legislation, Court Case,
Party Practices, and Custom).
1. Poll taxes may not be used as a requirement for voting.
Formal – 24th Amendment
2. Literacy tests may not be used as a requirement for voting.
Informal – Basic Legislation – Voting Rights Act of 1965
3. Abortion cannot be restricted during the first trimester.
Informal – Court Case – Roe v. Wade
4. All Presidential candidates of the two major parties are nominated by a national convention.
Informal – Party Practices
5. A segregated public school must integrate with all deliberate speed.
Informal – Court Case – Brown v. Board of Education
6. A suspect must be told of his/her right to silence (not to witness against himself).
Formal – 5th Amendment
Informal (for States) – Court Case – Miranda v. Arizona
7. Michigan chooses to impose the death penalty.
Formal – 10th Amendment or Informal – Court Case – Furman v. Georgia
8. A president may serve no more than two terms.
Formal – 22nd Amendment
9. The U.S. enters into a treaty with England.
Informal – Presidential Action
10. There are 435 members of the House of Representatives.
Informal – Basic Legislation – Reapportionment Act of 1929
11. The President appoints secretaries for each of the 15 Departments and they become his cabinet.
Informal - Custom
12. Upon the death of the President, the Vice-President takes over the “power and duties” of the
Presidency.
Formal – 25th Amendment
13. A state recognizes same-sex marriage.
Formal – 10th Amendment
14. The Supreme Court has nine justices.
Informal – Presidential Action
15. A person must be tried by an impartial jury in a speedy and public trial.
Formal – 6th Amendment