Chapter 3 Section 3
Informal Amendment
Section objective
: To understand the process of constitutional change and development by informal amendment.1.Congress can pass laws that spell out some of the Constitution’s brief provisions.
2.Congress can pass laws defining and interpreting the meaning of constitutional provisions.
1.Presidents have used their powers to delineate unclear constitutional provisions, for example, making a difference between Congress’s power to declare war and the President’s power to wage war.
2.Presidnets have extended their authority over foreign policy by making informal executive agreements with representatives of foreign governments, avoiding the constitutional requirements for the Senate to approve formal treaties.
1.The nation’s courts interpret and apply the Constitution as they see fit, as in Marbury v. Madison.
2.The Supreme Court has been called "a constitutional convention in continuous session."
1.Political parties have been a major source of informal amendment.
2.Political parties have shaped government and it’s processes by holding political conventions, organizing Congress along party lines, and injecting party politics in the process of presidential appointments.
1.Each branch of government has developed traditions that fall outside the provisions of the Constitution.
2.An example is the executive advisory body known as the President’s cabinet.