MacGruder's U.S. Government Chapter 3, Section 3 "Constitution Change by Other Means"

1. U.S. Government
Chapter 3 – Section 3

2.  Executive agreement
 Treaty
 Electoral college
 Cabinet
 Senatorial courtesy

3.  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

4.  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

5.  Five basic ways to “informally” change the
Constitution
1. basic Legislation
2. executive action
3. court decisions
4. party practices
5. custom

6.  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.

7.  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)

8.  Executive agreements can be made between
presidents and other foreign leaders
 Executive agreements do not have to be approved
by congress

9.  The Supreme Court has the ability to
interpret and apply the Constitution in cases
they hear.
 “A constitutional convention in continuous
session.” Woodrow Wilson

10.  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

11.  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

12.  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