U.S. Government Chapter 3 – Section 3

Executive agreement

Treaty

Electoral college

Cabinet

Senatorial courtesy

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

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

Five basic ways to “informally” change the Constitution

1. basic Legislation

2. executive action

3. court decisions

4. party practices

5. custom

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.

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)

Executive agreements can be made between presidents and other foreign leaders

Executive agreements do not have to be approved by congress

The Supreme Court has the ability to interpret and apply the Constitution in cases they hear.

“A constitutional convention in continuous session.” Woodrow Wilson

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

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

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