Malcolm Rivera
The US Constitution has been informally amended several times through custom and tradition, without changing the written document. One such example is the two-term limit for presidents, which was first set by George Washington and became customary until it was formally added to the Constitution in 1951 as the Twenty-second Amendment. Another example is the existence of the president's cabinet, which is a product of custom rather than the Constitution. While the Constitution is the supreme law of the land, it is open to interpretation and application by the nation's courts, Congress, and the President, allowing for flexibility and change without a formal amendment process.
| Characteristics | Values |
|---|---|
| Custom | George Washington's two terms of office became customary, and this custom became an official part of the Constitution in 1951 with the addition of the Twenty-second Amendment. |
| Interpretation | The nation's courts interpret and apply the Constitution as they see fit. |
| Application | The flexibility of the document allows it to serve a nation that is able to use a wide range of technology for communication today. |
| Legislation | Congress has passed legislation to define the details of needed additions to the basic framework of the Constitution. |
| Executive Action | Strong presidents can expand the power of the government. |
| Political Parties | Political parties have influenced the political process through the selection of candidates and the establishment of national and local party platforms. |
| Special Interests | Special interests have influenced the political process through campaign financing and information dissemination. |
| Societal Change | Shifts in how constitutional rights are applied due to societal change, such as expanding voting rights to include more people. |
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What You'll Learn
Custom of two terms per president
The custom of two terms per president has informally amended the Constitution by setting a precedent for the length of a president's tenure. George Washington's decision to serve two terms and then retire established a two-term tradition that was followed by subsequent presidents. This custom was eventually codified into law with the Twenty-second Amendment to the Constitution, which formally established term limits for presidents.
The Twenty-second Amendment, ratified in 1951, limits a president's time in office to two terms, each consisting of four years. This amendment was a direct response to Franklin D. Roosevelt's election to an unprecedented four terms as president, which sparked debates about the accumulation of power and the potential threat to freedom. The amendment process is outlined in Article V of the Constitution, which grants Congress the authority to propose amendments with a two-thirds majority vote in both the House of Representatives and the Senate.
The custom of two terms per president has had a significant impact on the interpretation and application of the Constitution. It reflects the Founding Fathers' intention to create a flexible document that can evolve as the nation changes. The informal amendment process allows the Constitution to be interpreted and applied differently by different branches of government, ensuring its relevance and adaptability.
While the Twenty-second Amendment has been controversial, with attempts made to modify or repeal it, it stands as a formal recognition of the custom of two terms per president. This amendment highlights how customs and traditions can shape the highest office in the land and influence the interpretation of the Constitution. It also underscores the dynamic nature of the Constitution, which can be amended through formal and informal processes to meet the evolving needs of the nation.
In conclusion, the custom of two terms per president has informally amended the Constitution by establishing a precedent that influenced both the interpretation of the document and the formal amendment process. The Twenty-second Amendment's codification of this custom demonstrates the interplay between tradition and constitutional law in shaping the office of the president.
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Congress passes legislation
The US Constitution is a flexible document that has been interpreted and applied differently over time, resulting in informal amendments. While Article V outlines the formal amendment process, the absence of a specified informal amendment process has allowed for interpretation and application changes by different branches of the government.
Congress plays a crucial role in this informal amendment process by passing legislation that defines and interprets the Constitution. Congressional legislation has been an effective tool for informally amending the Constitution. Here are some ways in which Congress has passed laws to bring about these changes:
- Expanding and Defining Constitutional Provisions: Congress can enact laws that expand upon the brief provisions of the Constitution. For example, Article III mandates the existence of the Supreme Court and "such other courts as Congress deems necessary." In response, the first elected Congress passed the Judiciary Act of 1789, creating the federal court system.
- Enacting Laws to Interpret Powers: Congress can also pass laws that further define and interpret the expressed powers of the Constitution. This could include expanding voting rights, increasing seats in the House of Representatives, or establishing a minimum wage.
- Influencing Foreign Policy: Presidents have used their powers to make informal executive agreements with foreign governments, bypassing the requirement for Senate approval of formal treaties.
- Addressing Social Change: Society's evolution has led to shifts in how constitutional rights are applied. Congress can pass laws to address these changes, such as expanding voting rights beyond land-owning white males to include the middle and working classes, and later, women and racial minorities.
- Proposing Amendments: While not an informal amendment process, Congress plays a crucial role in proposing formal amendments. All 33 amendment proposals sent to the states for ratification have originated in Congress. Congress can propose amendments with a two-thirds majority vote in both the House of Representatives and the Senate.
These examples demonstrate how Congress passes legislation to informally amend the Constitution, shaping the interpretation and application of its provisions to adapt to societal changes and the needs of the nation.
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Supreme Court interpretation
The United States Constitution has been changed countless times by means other than the traditional amendment process. One of the ways in which it has been informally amended is through Supreme Court interpretations.
In the 1803 landmark case of Marbury v. Madison, the Supreme Court first established the principle that federal courts could declare an act of Congress null and void if it was found to be inconsistent with the Constitution. This case established the principle of judicial review, which allows the Supreme Court to interpret the Constitution and declare federal or state laws invalid if they conflict with it. Chief Justice John Marshall wrote in his historic majority opinion, "it is emphatically the province and duty of the judicial department to say what the law is."
Since Marbury v. Madison, the Supreme Court has stood as the final arbiter of the constitutionality of laws passed by Congress. This was recognised by President Woodrow Wilson, who once referred to the Supreme Court as a "constitutional convention in continuous session." The Supreme Court's interpretation of the Constitution has had a significant impact on civil rights and has led to important decisions that have changed the meaning of the Constitution. For example, in Brown v. Board of Education, the court overturned Plessy v. Ferguson and declared that "separate but equal are inherently unequal," marking a significant shift in the interpretation of civil rights.
Another example of the Supreme Court's interpretation leading to an informal amendment is Roe v. Wade, which involved a woman who was challenging a Texas law that made it a crime to assist a woman in getting an abortion unless it was necessary to save her life. The Supreme Court ruled that this law violated the Constitution's right to privacy, thereby legalising abortion across the United States. This interpretation of the Constitution as protecting a right to privacy is another example of how the Supreme Court has informally amended the document through its interpretations.
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Political parties' influence
The United States Constitution, drafted in 1787, does not make any mention of political parties. However, political factions or parties began to form during the struggle over the ratification of the Constitution. The Federalists, led by Alexander Hamilton, wanted a strong central government, while the Anti-Federalists, led by Thomas Jefferson, advocated for states' rights instead of centralized power. These opposing factions influenced how the Constitution was interpreted and applied, marking the beginning of political parties' influence on the nation's founding document.
Over time, political parties have developed methods for nominating presidential candidates, such as national nominating conventions, primaries, and caucuses. These practices are not outlined in the Constitution but have become customary and have added to the power of the national government. For example, George Washington served two terms as president and then returned to private life, setting a precedent that became customary and was followed by subsequent presidents until Franklin D. Roosevelt was elected to a third term in 1940. This custom eventually became an official part of the Constitution in 1951 with the Twenty-second Amendment, limiting presidents to two terms.
Political parties have also influenced the interpretation and application of constitutional rights. For instance, in the 1800s, due to societal changes brought about by the Industrial Revolution and the emergence of a burgeoning middle class, there was a push to expand voting rights beyond land-owning white males. While the formal recognition of these rights was secured through constitutional amendments, the shifting societal attitudes influenced by political parties played a role in advocating for these changes.
Additionally, Congress, which is often divided along party lines, can pass laws that define and interpret the meaning of constitutional provisions. By enacting laws that expand or further define the expressed powers in the Constitution, Congress can informally amend it. For example, Congress can pass laws to expand voting rights, seats in the House, or establish a minimum wage, which are not explicitly outlined in the Constitution.
In conclusion, while the United States Constitution does not mention political parties, their emergence and influence have played a significant role in shaping how the document is interpreted and applied. Political parties have contributed to the evolution of customs and precedents, influenced societal attitudes, and impacted the legislative process, all of which have had an indirect effect on amending and shaping the Constitution over time.
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Societal change
The interpretation and application of the US Constitution have been constantly changing due to informal amendments, which are changes that do not affect the written document but influence how it is interpreted. One of the key drivers of these informal amendments is societal change, which leads to shifts in how constitutional rights are applied.
For example, during the Industrial Revolution in the 1800s, the burgeoning middle class brought about a societal shift towards expanding rights for the middle and working classes. This led to the expansion of voting rights beyond land-holding white males, which was eventually formalized in the Fifteenth Amendment (1870) and the Nineteenth Amendment (1920). Similarly, the Nineteenth Amendment (1920) gave women the right to vote, correcting a historical wrong where women were not treated as equal citizens.
Another example of societal change driving informal amendments is the evolution of technology. The Constitution was written with a quill pen on parchment paper, but today's society utilizes a wide range of modern communication tools. This technological advancement has required flexibility in interpreting and applying the Constitution to suit contemporary needs.
Political parties also play a significant role in informal amendments by influencing the political process through candidate selection and platform establishment. Additionally, special interests exert influence over elected officials through campaign financing and information dissemination, further shaping the interpretation and application of the Constitution.
While the formal amendment process outlined in Article V of the Constitution is challenging and time-consuming, informal amendments allow for necessary adaptations to societal changes. These amendments ensure that the Constitution remains relevant and responsive to the evolving needs and values of society.
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Frequently asked questions
Customs and traditions amend the constitution informally by influencing how the constitution is interpreted and applied. For example, the existence of the president's cabinet is a product of custom rather than the constitution.
Societal changes can lead to shifts in how constitutional rights are applied and interpreted. For example, the right to vote was expanded to include more people due to a burgeoning middle class at the peak of the Industrial Revolution in the 1800s.
Political parties can influence the political process and exert influence over elected officials through campaign financing and information dissemination, thereby contributing to informal amendments.
