Vocabulary
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executive agreement,
treaty,
electoral college,
cabinet,
senatorial courtesy
Change by Other Means
How to amend the Constitution?
Change
• Since adoption of Bill of Rights – USC has only
been amended 17 times
– Tribute to the Founding Fathers
– USC is a skeletal frame work open to
interpretation
Other Ways
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Passage of basic legislation by Congress
Actions of the President
Supreme Court decisions
Political Party activities
Custom and Usage
Basic Legislation
• Congress adds flesh to the bones of the USC
• It has passed laws to clarify key Constitutional
provisions.
– Congress created our Court System
– Congress created each department of the
Executive branch
Basic Legislation
• Presidential Succession
– USC says Vice President will become President if
office is vacated – 25th Amendment
– Doesn’t say what happens if both offices are
vacated
• Congress passed the Presidential Succession Act
Basic Legislation
• Constitution gives Congress the power to
regulate foreign and domestic trade
– What is foreign and domestic trade?
– Passage of thousands of laws to define them both
• Through passage of laws Congress has greatly
expanded the Constitution.
– As long as a law doesn’t violate the USC – ok!
Executive Action
• “The executive Power shall be vested in a
President of the United States of America.”
– Article II, Section 1, Clause I
• Clause gives to the President very broad
‘executive power’
– Commander and Chief
– Executive Agreements or treaty
• Executive power includes much more power
than laid out in Article II
Court Decisions
• Courts interpret and apply the USC in many
cases they hear
• Most notably interpretation is Marbury v.
Madison
– Judicial review
• Supreme Court has been describe as a
“constitutional convention in continuous
session” – Woodrow Wilson
Party Practices
• Political parties are a major agent of
constitutional change.
• Founders said we should avoid them!
• George Washington warned of the “baneful
effects of the spirit of party”
– Even as he said it parties were forming in the govt.
Party Practices
• USC doesn’t provide for nomination of
Candidates for office
– Since 1830s Political parties have been the mechanism
to accomplish it
• Congress is organized and conducted on the basis
of party –
• Presidents make appointments based on party
politics
• US government is a government through party.
Custom and Usage
• Unwritten customs may be as strong as
written law.
• President’s cabinet exist because of custom
– 15 cabinet officials – presidential advisors
• Presidential succession was customary until
passage of 25th Amendment
– John Tyler
Custom and Usage
• Senatorial Courtesy –
– Senate will only approve appointees that are
acceptable to the Senators from the state
involved.
• No Third term custom
– Since George Washington, no president served
more than two terms – Then Franklin Roosevelt
– 22nd amendment
Homework
• Answer questions on Edmodo tonight!