Jonah Patel
The unwritten constitution refers to customs and precedents that are not explicitly mentioned in the formal, codified constitution but are considered essential to the system of government. While the written constitution outlines the fundamental principles of a nation, its design, and the rights of citizens, the unwritten elements, such as traditions and norms, also play a significant role in governance and legal interpretation. For instance, the two-term limit for presidents in the United States was an unwritten precedent set by George Washington, which was later violated by Franklin Delano Roosevelt and subsequently enshrined in the 22nd Amendment. Similarly, Washington's establishment of a cabinet to advise the president is another example of an unwritten constitutional practice. These unwritten aspects of the constitution are deeply rooted in the history and culture of a nation and are often viewed as equally important as the written constitution.
| Characteristics | Values |
|---|---|
| Headline illustrating the use of the unwritten constitution | "Washington Establishes a Cabinet" |
| Other headlines illustrating the use of the unwritten constitution | "Senate Rejects the Treaty of Versailles", "House Votes to Impeach Andrew Johnson", "President Nominates John Roberts for Supreme Court" |
| Example of an unwritten constitution | George Washington's precedent of a two-term limit |
| Another example of an unwritten constitution | The use of Indian dress and symbolism to fight for rights as Americans |
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What You'll Learn
Washington establishes a cabinet
The headline "Washington Establishes a Cabinet" illustrates the use of the unwritten constitution. The unwritten constitution refers to customs and precedents that are not mentioned in the formal, codified Constitution but are considered essential to the system of governance.
George Washington, the first President of the United States, established the nation's first cabinet to advise him on important issues. He appointed the heads of each of the executive departments, including Alexander Hamilton as Secretary of the Treasury, Thomas Jefferson as Secretary of State, Henry Knox as Secretary of War, and Edmund Randolph as Attorney General. Washington held regular meetings with these advisors, creating what became known as the Cabinet.
The formation of a cabinet was not explicitly outlined in the Constitution, but it became a significant precedent set by Washington. This precedent was so influential that it later became a part of the written Constitution. The cabinet is now recognised as an integral part of the executive branch, with the president choosing who serves in the cabinet.
The cabinet played a crucial role in Washington's administration, helping him establish a strong and stable federal government. Despite tensions within the cabinet, particularly between Jefferson and Hamilton, they worked together to address pressing issues such as the potential impact of the French Revolutionary Wars. Washington's cabinet also contributed to shaping economic policies and the establishment of key financial institutions.
In summary, the headline "Washington Establishes a Cabinet" exemplifies the unwritten constitution by highlighting how Washington's creation of the cabinet set a lasting precedent for executive governance in the United States.
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Senate rejects Treaty of Versailles
The headline "Senate Rejects Treaty of Versailles" illustrates the use of the unwritten constitution, specifically the power of Congress to "make all laws which shall be necessary and proper for carrying into execution the foregoing powers". The Treaty of Versailles was a peace treaty negotiated by President Woodrow Wilson following World War I. The treaty aimed to create a League of Nations to foster international cooperation and ensure that it was "the war to end all wars".
However, Wilson made several missteps in the process, including not inviting any senators to the peace talks and making partisan appeals during the 1918 midterm congressional elections, which resulted in Republicans gaining control of the Senate. Senator Henry Cabot Lodge, the new majority leader, opposed the League of Nations, arguing that it compromised American sovereignty. Lodge offered a series of reservations to make the treaty more acceptable, but Wilson rejected them.
Wilson took his case to the American people but suffered a stroke that left him incapacitated. Without Wilson's leadership, the Senate rejected the treaty by a vote of 38-53 in 1919 and 49-35 in 1920. The headline "Senate Rejects Treaty of Versailles" highlights the power of Congress to reject a treaty, even one negotiated by the President, and the importance of the unwritten constitution in shaping US governance.
The unwritten constitution refers to customs and precedents that are not explicitly mentioned in the formal document but are considered essential to the functioning of the US government. For example, the formation of a cabinet to advise the president, set by George Washington, is a precedent that has become an integral part of governance. Similarly, the two-term limit for presidents, initially violated by Franklin Delano Roosevelt, was later added to the written constitution as the 22nd amendment to protect this unwritten precedent.
The rejection of the Treaty of Versailles by the Senate, led by Lodge, demonstrates the power of Congress to shape foreign policy and the limits of presidential power in treaty-making. This event highlights the importance of the unwritten constitution in defining the balance of powers between the branches of government and the role of precedents and customs in US governance.
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House votes to impeach Andrew Johnson
On February 24, 1868, the House of Representatives voted to impeach President Andrew Johnson, the first president in US history to face impeachment. The vote was 126-47 in favour of impeachment.
Johnson, who had become president after Lincoln's assassination in 1865, was a white supremacist who opposed granting political rights to freed slaves. He also opposed the Radical Republicans' plans for Reconstruction, which included punishing former Confederate leaders. Johnson vetoed legislation that Congress passed to protect the rights of those who had been freed from slavery. He also vetoed the Freedmen's Bureau bill in February 1866, which led to a breakdown in his relationship with Republicans in Congress.
The immediate cause of the impeachment vote was Johnson's violation of the Tenure of Office Act. Johnson had fired Secretary of War Edwin Stanton, a prominent Radical Republican, and appointed Lorenzo Thomas, a brevet major general in the Army, as secretary of war ad interim. Stanton refused to leave his office, barricading himself inside and ordering Thomas arrested for violating the Tenure of Office Act. Johnson's opponents in the House of Representatives, led by Thaddeus Stevens, drafted 11 articles of impeachment, most of which centred on Johnson's alleged violation of the Tenure of Office Act.
The trial in the Senate began on March 5, 1868, with Chief Justice Salmon P. Chase presiding. On May 16, the Senate voted on three of the 11 articles of impeachment, with 35 senators voting to convict the president of "high crimes and misdemeanors" while 19 voted to acquit. However, this fell one vote short of the two-thirds majority required to convict. The trial ended on May 26, with the Senate voting against convicting Johnson on two more articles by identical margins. Johnson served out his term as president, leaving office on March 4, 1869.
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President nominates John Roberts for Supreme Court
The headline "President nominates John Roberts for Supreme Court" illustrates the use of the unwritten constitution. The unwritten constitution refers to customs and precedents that are not explicitly mentioned in the formal, codified Constitution but are nonetheless considered essential to the functioning of the US government.
The nomination of John Roberts to the Supreme Court by President George W. Bush in 2005 is an example of how the unwritten constitution can shape governance. Roberts had a distinguished legal career, serving as a clerk in federal courts, a Special Assistant to the Attorney General, Associate Counsel to President Ronald Reagan, and Principal Deputy Solicitor General. By the time of the 2004 presidential election, Roberts was a leading candidate for a potential Supreme Court nomination due to his experience and reputation as a skilled advocate.
The process of nominating and confirming justices to the Supreme Court is a key aspect of the unwritten constitution. While the Constitution establishes the power of the President to make nominations and the role of the Senate in providing advice and consent, the specific procedures and customs surrounding this process have evolved over time. The use of committees, for example, allows the Senate to thoroughly evaluate nominees and make informed decisions, even though this practice is not explicitly outlined in the Constitution.
The nomination of John Roberts also highlights the significance of precedents in the unwritten constitution. Roberts's nomination was influenced by the precedent set by Clarence Thomas's confirmation to the Supreme Court in 1991, where his experience in complex litigation made him a strong candidate. Additionally, Roberts's nomination by President Bush was shaped by the precedent of considering a diverse range of candidates, as evidenced by the consideration of Judge Alberto Gonzales, who could have been the first Latino nominee.
Finally, the headline underscores the role of the President in shaping the unwritten constitution. President Bush's decision to nominate Roberts carried significant weight, and his choice was influenced by Roberts's qualifications, experience, and ideological alignment with the administration's values. The President's power to nominate Supreme Court justices, while not explicitly defined in the Constitution, has become a crucial aspect of the appointment process and can shape the interpretation of constitutional law for years to come.
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Two-term limit
The two-term limit for presidents in the United States is an example of an unwritten constitutional rule. While it is not explicitly stated in the US Constitution, the two-term limit has become a firmly established tradition that carries the weight of constitutional law. This limit has been in place since the time of George Washington, who voluntarily stepped down after two terms, setting a powerful precedent.
The two-term tradition has been further reinforced by the 22nd Amendment, which was ratified in 1951 and formally enshrined the limit in the Constitution. However, even before the amendment, the practice was widely respected and followed. This illustrates the power of unwritten constitutional norms and the important role they play in shaping political behaviour, even without formal legal enforcement.
The two-term limit is a prime example of how unwritten rules can evolve and adapt to the needs of a nation. It demonstrates the flexibility and resilience of constitutional traditions, which can be influenced by historical practice, political customs, and the precedents set by past leaders. By voluntarily adhering to this limit, presidents honour the spirit of the rule, promoting a healthy democratic culture and preventing the concentration of power in a single individual indefinitely.
This unwritten rule also highlights the interplay between formal and informal constitutional norms. While the 22nd Amendment ultimately codified the two-term limit, the practice was already deeply rooted in the political culture of the nation. This demonstrates how written and unwritten constitutional principles can work together to define the rules and norms that govern a country.
The two-term limit, as an unwritten constitutional principle, showcases the importance of historical precedent and political tradition in shaping a nation's leadership. By voluntarily abiding by this limit, presidents respect the long-standing practice and promote a democratic culture that values term limits and the peaceful transfer of power. This unwritten rule is a powerful example of how constitutional norms can shape behaviour and influence political practices even without formal legal enforcement.
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Frequently asked questions
"Washington Establishes a Cabinet".
The formation of a cabinet to advise the president is a precedent set by George Washington, which is not mentioned in the written Constitution.
Yes, the two-term limit for presidents was originally an unwritten part of the Constitution, set by the precedent of George Washington. This was later added to the written Constitution as the 22nd Amendment in 1951.
The unwritten components, collectively referred to as the "Unwritten Constitution," hold profound implications for governance, legal interpretation, and the preservation of societal norms.
The Boston Tea Party in 1773, where colonists dressed up as Native Americans to protest for economic rights, was a constitutional protest based on unwritten norms and practices. This occurred more than a decade before the Constitution was drafted.
