Unwritten Constitution: Actions Speak Louder

The unwritten constitution refers to customs and precedents that are not explicitly mentioned in a country's formal constitution but are nevertheless considered an integral part of its governance. These unwritten elements are often deeply embedded in a nation's political fabric, and their violation can lead to significant political upheaval. For example, the formation of a cabinet to advise the president, a precedent set by George Washington, is not mentioned in the US Constitution but has become an established practice. The principle of judicial review in the US, which allows courts to invalidate government actions that violate the Constitution, emerged from the Marbury v. Madison case in 1803 and is another example of an unwritten constitutional convention. These unwritten conventions can act as a moderating force in governance, providing flexibility and serving as subtle checks and balances. However, they can also lead to ambiguities and be subject to varying interpretations.

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The formation of a cabinet to advise the president

The Cabinet's role, as established in Article II, Section 2 of the Constitution, is to advise the President on any subject he may require relating to the duties of each member's respective office. The Cabinet includes the Vice President and the heads of 15 executive departments, including the Secretaries of Agriculture, Commerce, Defense, Education, Energy, Health and Human Services, Homeland Security, Housing and Urban Development, Interior, Labor, State, Transportation, Treasury, and Veterans Affairs, as well as the Attorney General.

The formation of the Cabinet is an example of an unwritten constitution, where the nation's legal choices, fundamental laws, and norms are not systematically written down or combined into a single document. These are customs and precedents that have been practised for so long that many citizens believe they are laws, even though they are not. Unwritten constitutional elements are not static and can evolve with changing societal needs, shifts in political power, and interpretations of higher authorities. They can serve as a moderating force in governance, acting as checks and balances. However, the unwritten nature can also lead to ambiguities and disputes, as interpretations may vary.

In addition to the formation of the Cabinet, there are other examples of unwritten constitutions in the United States. For instance, the principle of judicial review, or the ability of the courts to review and invalidate government actions that violate the Constitution, is not explicitly stated in the written document but emerged from the landmark 1803 case of Marbury v. Madison. Another example is the two-term limit for presidents, which was a precedent set by George Washington and later ratified as the 22nd amendment in 1951.

The principle of judicial review

The power of judicial review has significant implications for the rule of law and governance, influencing not only American law but also inspiring similar judicial frameworks in other democracies worldwide. It ensures that laws passed by Congress and signed by the President conform to the principles enshrined in the US Constitution. This power of judicial review sets the US legal system apart from the British legal system, which does not recognize a singular constitutional authority.

While the principle of judicial review is a fundamental aspect of the judicial system, its exercise is not without controversy. Debates often arise regarding the balance between judicial activism and self-restraint, especially when the Court's decisions appear to contradict public sentiment or when it intervenes in contentious political issues. Additionally, critics argue that the judiciary's interpretation of the Constitution can lead to ambiguities in governance, as different interpretations may result in disputes and potential gridlocks.

In conclusion, the principle of judicial review, as exemplified by the US Supreme Court's authority, plays a crucial role in upholding the Constitution and ensuring that government actions align with its principles. While it emerged from a specific historical context and a written constitution, it has evolved to become a significant aspect of the judicial system, influencing democracies worldwide. However, the exercise of this power must be balanced with self-restraint to avoid overreaching and potential controversies.

Political parties choosing candidates for office

The United States Constitution, penned in 1787, is the oldest written constitution. It outlines the rights and responsibilities of citizens and the government, the type of constitutional order, and the laws governing the system. However, it does not cover all aspects of governance, and certain unwritten customs and precedents have emerged over time, evolving with societal needs, shifts in political power, and interpretations of higher authorities. These unwritten elements are deeply embedded in the nation's governance fabric and can act as checks and balances on the written constitution.

The absence of a written framework for political parties in the Constitution has resulted in a dynamic landscape where parties can adapt to changing circumstances. They serve as a moderating force, ensuring that the spirit of governance aligns with the letter of the law. However, this unwritten nature can also lead to ambiguities and disputes, as interpretations may vary.

The role of political parties in candidate selection is a key feature of the US political system, despite not being formally documented in the Constitution. This example highlights the evolving nature of unwritten constitutions, which adapt to societal needs and interpretations over time.

Additionally, the unwritten nature of certain constitutional elements provides flexibility and allows for interpretations that can shape governance. For instance, the principle of judicial review in the US, which allows courts to review and invalidate government actions that violate the Constitution, is not explicitly stated but emerged from the Marbury v. Madison case in 1803. This precedent set a standard for future constitutional interpretations and demonstrated the dynamic nature of unwritten constitutions.

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The two-term limit for presidents

The first President of the United States, George Washington, refused to run for a third term, believing that serving for longer might give one person too much power and influence. This set an unofficial precedent for future presidents, and for 150 years, presidents abided by this two-term limit. Franklin D. Roosevelt, however, was elected president four times, from 1932 to 1945, leading the country through the Great Depression and World War II. Roosevelt's lengthy tenure, particularly his use of executive power during this tumultuous era, raised concerns about the potential for executive overreach.

As a result, Amendment Twenty-two to the Constitution was ratified on February 27, 1951, formally establishing term limits for the presidency. This amendment outlines that no person shall be elected to the office of the President more than twice, and if they have held the office for more than two years of a term to which another person was elected, they cannot be elected again. This amendment is a clear example of how an unwritten constitutional principle, based on custom and precedent, evolved into a formal part of the constitution in response to changing societal needs and interpretations of power.

The process of amending the constitution to include term limits for presidents illustrates the dynamic nature of unwritten constitutional elements. While the written constitution provides a foundational framework, the unwritten elements often emerge from judicial interpretations, precedents set by past leaders, and shifts in political power. They can act as checks and balances, influencing how the written constitution is implemented and interpreted. However, the unwritten nature of these elements can also lead to ambiguities and disputes, as interpretations may vary.

In conclusion, the two-term limit for presidents in the United States began as an unwritten constitutional principle established by George Washington's precedent. Over time, this precedent evolved into a formal amendment to the constitution, demonstrating the evolving nature of unwritten constitutional elements and their significant impact on governance.

The committee system used by Congress

The committee system in Congress is characterized by a dispersion of power across multiple committees, each with its own jurisdiction and area of expertise. This structure allows Congress to efficiently manage a large number of bills and issues, with each committee considering and overseeing specific areas within their purview. The modern committee structure stems from the Legislative Reorganization Act of 1946, which reduced the number of House committees and Senate committees, helping to streamline the system and minimize jurisdictional conflicts.

Congressional committees have significant power in the legislative process. Each Senator and Congressman typically belong to several committees, developing specialized knowledge in their respective areas. If a committee chairman refuses to allow debate or a vote on a bill, or if the committee makes a negative recommendation, the bill can die in committee. This dynamic underscores the influence of committees in shaping legislation.

The autonomy of committees within Congress has been noted to sometimes weaken the legislative branch relative to the executive and judiciary branches. The scholar George B. Galloway described Congress as functioning "not as a unified institution, but as a collection of semi-autonomous committees that seldom act in unison." This autonomy can interfere with the adoption of a coherent legislative program, highlighting the complex dynamics at play within the committee system.

Subcommittees further extend the reach of committees, with most committees forming subcommittees to share specific tasks within their jurisdiction. These subcommittees work within the guidelines established by their parent committees and may be assigned tasks such as initial consideration of measures and oversight of laws and programs within their areas of expertise.

While the committee system in Congress has evolved over time, it remains a central feature of the legislative process, allowing for specialized consideration and oversight of bills and issues within the broader legislative framework.

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