Jonah Patel
The United States Constitution was written to endure for ages to come, but the framers also provided flexibility, making room for amendments. While the formal amendment process is outlined in Article V of the Constitution, there is no official informal amendment process. However, the Constitution is interpreted and applied differently over time, allowing it to change and grow as society evolves. This interpretation and application by different branches of government constitute the informal amendment process, arguably the most important aspect of the document. Informal amendments can occur through societal change, congressional legislation, and the influence of political parties and special interests.
Explore related products
What You'll Learn
The flexibility of the document
The United States Constitution was written "to endure for ages to come". To ensure its longevity, the Founding Fathers made it difficult to formally amend the document. The flexibility of the document, however, has allowed it to grow and change as the country changed in ways the Founders could not have foreseen. This flexibility is arguably the most important aspect of the Constitution.
The Constitution has been amended only 27 times since it was drafted in 1787, including the first 10 amendments, which were adopted four years later as the Bill of Rights. The amendment process is very difficult and time-consuming. A proposed amendment must be passed by two-thirds of both houses of Congress and then ratified by the legislatures of three-fourths of the states.
There is no official informal amendment process outlined in the Constitution. However, the Founding Fathers provided the different branches of government with the flexibility to apply and interpret the Constitution in ways that allow it to change. Congress can pass laws defining and interpreting the meaning of constitutional provisions. Congressional legislation is an example of the informal process of amending the Constitution.
There are two ways in which Congress may informally amend the Constitution: by enacting laws that expand the brief provisions of the Constitution, and by enacting laws that further define expressed powers. Examples include expanding voting rights, seats in the House, and minimum wage. 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.
Societal change is another way in which informal amendments can occur. Sometimes, society changes, leading to shifts in how constitutional rights are applied. For example, originally only land-owning white males could vote in federal elections. Due to a burgeoning middle class at the peak of the Industrial Revolution in the 1800s, society became focused on expanding rights for the middle and working classes. This led to the right to vote being extended to more and more people. However, formal recognition of the right of poor whites and black males, and later of women, was only fully secured in the Fifteenth Amendment (1870) and the Nineteenth Amendment (1920).
Amending the Constitution: A Step-by-Step Guide
You may want to see also
Congressional legislation
The US Constitution can be amended through Congressional legislation, which is an informal process. This involves Congress passing laws that define and interpret the Constitution's provisions. This can be done in two ways: by enacting laws that expand the brief provisions of the Constitution, and by enacting laws that further define expressed powers.
Another example of Congressional legislation amending the Constitution is the expansion of the President's power over foreign policy. Presidents have made informal executive agreements with foreign governments, bypassing the requirement for Senate approval of formal treaties.
It's important to note that the informal amendment process does not change the written Constitution but rather how it is interpreted and applied. This flexibility has allowed the Constitution to evolve and remain relevant as society changes. The Founding Fathers recognised the need for this flexibility, and while they made it challenging to formally amend the Constitution, they provided for different branches of government to interpret and apply it in ways that allow for change.
The formal amendment process, outlined in Article V of the Constitution, requires a two-thirds majority vote in both the House and the Senate to propose an amendment. The proposed amendment must then be ratified by three-fourths of the states. This process has only been completed 27 times since the Constitution was ratified in 1788.
The EC: A Constitutional Amendment?
You may want to see also
Judicial interpretation
The Supreme Court has interpreted and applied the Constitution through landmark cases such as Marbury v. Madison, Brown v. Board of Education, and Roe v. Wade. These cases have had a profound impact on issues like the legality of slavery, desegregation, and abortion rights, respectively.
There are several methods used in judicial interpretation. Balancing involves weighing conflicting interests or rights, such as in cases involving freedom of speech. Doctrinalism considers how the Constitution has been shaped by the Court's own jurisprudence. Founders' Intent seeks to understand the intentions of the authors of the Constitution. Legal structuralism interprets a ruling within the larger structure of the Constitution. Textualism interprets the law based on the ordinary meaning of the legal text.
The interpretation styles of justices are important to consider, as they can evolve over time and differ based on specific issues. These styles are often discussed during the nomination and confirmation process for the Supreme Court, as they provide insights into a nominee's potential future actions.
The Second Amendment: Regulate or Respect?
You may want to see also
Explore related products
Political parties
The five primary methods of informal amendment include legislation, executive actions, judicial interpretations, custom and usage, and party practices. Political parties have influenced the political process through their practices, which fall under party practices.
An example of an informal amendment influenced by political parties is the two-party system and its associated committees. Political parties have also influenced the selection of candidates, as seen in the current primary practices of caucuses and superdelegates. Special interests, including campaign financing and information dissemination, have also played a role in informal amendments by exerting influence over elected officials.
Through these mechanisms, political parties have facilitated the interpretation and application of the Constitution without altering its written text. This allows the Constitution to adapt to societal changes and maintain its relevance over time.
It is worth noting that, despite their significant influence, political parties are not mentioned in the Constitution.
Amendment Power: The 26th Amendment's Impact
You may want to see also
Special interests
An example of this is the Blaine Amendment, proposed by Congressman James G. Blaine in 1875. Blaine sought to apply the religion clauses of the First Amendment to the states, prohibiting the use of public funds for parochial (church-run) education. While this proposal passed the House of Representatives, it fell short in the Senate and did not become a part of the Constitution. However, it still had a lasting impact on the nation's education system.
Another example of special interests influencing the informal amendment process is through the expansion of presidential power. Presidents have used their authority to interpret unclear constitutional provisions, such as the power to wage war, to their advantage. By making informal executive agreements with foreign governments, presidents have avoided the requirement for Senate approval of formal treaties. This allows them to exert more control over foreign policy and expand the power of the executive branch.
Additionally, political parties have been identified as major contributors to informal amendments. They influence the political process by selecting candidates, establishing party platforms, and shaping the national agenda. This can lead to shifts in how constitutional rights are applied and interpreted without formally changing the written document.
The informal amendment process allows the Constitution to adapt to societal changes and evolving interpretations. However, it is important to note that special interests can also exert influence through this process, potentially shaping policies and interpretations in ways that benefit specific groups or individuals. As a result, the Constitution may be interpreted and applied differently over time, reflecting the changing dynamics of special interests and their influence on elected officials.
Vote Yes: Empowering Change Through Constitutional Reform
You may want to see also
Frequently asked questions
Formal amendments change the written word of the US Constitution, while informal amendments change the way the Constitution is interpreted without affecting the written document.
Informal amendments can occur through societal change, such as when society becomes focused on expanding rights for certain groups. They can also occur through political processes, such as when political parties influence the political process through the selection of candidates.
Yes, presidents can make informal amendments to the Constitution by using their powers to delineate unclear constitutional provisions. For example, they can make a distinction between Congress's power to declare war and their own power to wage war.
Yes, Congress can make informal amendments to the Constitution by passing laws that define or interpret the meaning of constitutional provisions. They can also pass laws that expand the brief provisions of the Constitution or further define expressed powers.
