Jonah Patel
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 government. An example of a presidential action that exemplifies the unwritten constitution is holding a cabinet meeting at the White House. This tradition was set by George Washington, who appointed heads of each executive department and regularly sought their advice. Another example is the two-term limit for presidents, which was originally an unwritten rule until it was formally added to the Constitution as the 22nd Amendment in 1951. The unwritten constitution has significant implications for governance, legal interpretation, and the preservation of societal norms, and it has evolved over time as presidents have sought to expand their powers.
| Characteristics | Values |
|---|---|
| Presidential actions that are examples of the unwritten constitution | Holding a cabinet meeting at the White House |
| Submitting a treaty to the Senate for ratification | |
| Nominating an ambassador to France | |
| Vetoing a bill passed by Congress | |
| Other characteristics of the unwritten constitution | The formation of a cabinet to advise the president |
| The two-term limit | |
| The use of political parties to choose candidates for president and other offices | |
| The use of committees and subcommittees in Congress |
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What You'll Learn
Holding a cabinet meeting
The unwritten constitution consists of those governmental processes that are considered essential yet are not part of the formal, codified constitution. These are customs and precedents that have been followed for so long that many citizens assume they are laws.
The Cabinet's role is to advise the president on various issues. It consists of the heads of the executive departments, the vice president, and a few other officials chosen by the president. These regular meetings allow the president to benefit from the expertise and counsel of the Cabinet members.
The establishment of the president's cabinet as part of the United States government was not explicitly mentioned in the Constitution. Instead, it evolved from historical customs, conventions, and the shared understanding of the nation's people about governance. Over time, the Cabinet became an integral part of the governance process, influencing decision-making and policy formulation.
The unwritten constitution, including the precedent of holding cabinet meetings, has significant implications for governance and legal interpretation. It demonstrates the dynamic nature of constitutional principles, where customs and precedents can carry as much weight as written laws.
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Submitting a treaty for ratification
The unwritten constitution refers to customs and precedents that are considered an essential part of the system of government in the United States, but are not mentioned in the Constitution. One example of a presidential action that falls under the unwritten constitution is submitting a treaty for ratification.
The process of submitting a treaty for ratification involves several steps and requires collaboration between the President and the Senate. Here is an overview of the process:
Negotiation and Submission
The President has the sole power to negotiate treaties with other nations. Once an agreement has been reached, the President submits the treaty to the Senate for their consideration and approval. This submission is a crucial step in the treaty-making process and is an example of the President's role in foreign affairs.
Senate Approval and Ratification
The Senate plays a crucial role in the treaty-making process by providing advice and consent. The Senate Committee on Foreign Relations reviews the treaty and either approves or rejects a resolution of ratification. If the resolution passes, the Senate gives its consent, and the treaty moves closer to ratification.
Presidential Ratification and Proclamation
After the Senate's approval, the President "ratifies" the treaty by signing an instrument of ratification. This act of ratification by the President expresses the United States' assent to be bound by the treaty. The President then arranges for the deposit or exchange of the instrument of ratification with the other treaty parties. Once all parties have completed the necessary processes, the President may proclaim the treaty and declare it in force by issuing an Executive Order.
Implementation into Domestic Law
While the President's ratification finalizes the treaty at the international level, additional action by Congress may be necessary to implement the treaty's provisions into domestic law. This step ensures that the treaty's obligations are incorporated into US law and can be enforced within the country.
It is worth noting that in recent decades, presidents have sometimes entered into international agreements, known as "executive agreements," without seeking the advice and consent of the Senate. While these agreements are binding under international law, they are legally distinct from treaties under US law.
In conclusion, submitting a treaty for ratification involves a series of steps that showcase the collaboration between the President and the Senate in foreign affairs. While the President takes the lead in negotiating and ratifying treaties, the Senate's advice and consent are essential, and Congress may play a role in implementing the treaty's provisions into US law. This process, though not explicitly outlined in the Constitution, is a well-established precedent that contributes to the unwritten constitution of the United States.
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Nominating an ambassador
The process of nominating an ambassador is an example of the unwritten constitution in action. While the US Constitution does not explicitly mention the role of political parties, they have become integral to the process of selecting presidential candidates and other offices. This is an example of how customs and precedents can shape the functioning of governance.
The unwritten constitution refers to customs and precedents that are not codified in the formal constitution but are nonetheless considered essential to the system. One example of this is the formation of a cabinet by George Washington, which set a precedent for future presidents. Washington appointed the heads of each executive department, including Alexander Hamilton as Secretary of the Treasury and John Jay as Secretary of State. He regularly convened meetings with these advisors, establishing what became known as the Cabinet.
The role of the president in nominating ambassadors is another example of the unwritten constitution. While the Constitution does not explicitly grant the president the authority to appoint ambassadors, it has been interpreted that the president has the power to nominate them, subject to Senate confirmation. This interpretation stems from the understanding that the Executive Branch has inherent authority over diplomatic offices.
The appointment of ambassadors has been a subject of debate, with figures like Alexander Hamilton and James Madison disagreeing over whether it falls under presidential power or is a shared power with the Senate. The "Receive Ambassadors Clause" further complicates this dynamic, granting the president the duty to receive foreign ambassadors, but not explicitly mentioning the power to appoint them.
The unwritten constitution, therefore, plays a significant role in shaping the president's role in nominating ambassadors. While not explicitly outlined in the formal constitution, the interpretation and precedents set by past presidents have influenced the understanding and exercise of this power. This showcases the dynamic nature of governance, where customs and precedents can carry significant weight alongside written constitutional principles.
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Vetoing a bill passed by Congress
The US Constitution grants the president the power to veto a bill passed by Congress. This power allows the president to prevent a bill from becoming a law by refusing to sign it. The president must return the bill to the House of Representatives, along with their objections, within ten days (excluding Sundays) while Congress is in session. If the president fails to do so within the allotted time, the bill becomes law without their signature.
The veto power is an essential check and balance on the legislative branch, ensuring that the president can influence the law-making process and prevent Congress from passing legislation that they deem inappropriate or contrary to their agenda. It is a formal, codified aspect of the Constitution, explicitly outlined in Article I, Section 7, Clauses 2 and 3, also known as the Presentment Clause. This clause requires that every bill passed by Congress be presented to the president for approval or veto before becoming law.
However, the veto power is not without its limitations. Congress can override a presidential veto by a two-thirds vote in each house, allowing the bill to become law without the president's signature. Historically, Congress has overridden only about 7% of presidential vetoes. Additionally, the Supreme Court has placed some restrictions on the veto power, such as limiting the availability of line-item vetoes, which allow the president to strike or revise specific provisions within a bill without vetoing the entire legislation.
While the veto power itself is a formal part of the written Constitution, the act of vetoing a bill passed by Congress can be considered an example of the unwritten constitution in a broader sense. The unwritten constitution refers to customs and precedents that are not explicitly mentioned in the Constitution but are nonetheless considered essential to the functioning of the government. The unwritten constitution evolves over time as new practices and precedents are established by presidents and other government officials.
For example, the formation of a cabinet to advise the president is a precedent set by George Washington, who appointed heads for each executive department and held regular meetings with them. This practice became an essential aspect of presidential decision-making, even though it was not originally included in the written Constitution. Over time, as the role of the cabinet became more established, it may have influenced the president's decision-making process when considering whether to veto a bill. The cabinet's input and expertise could inform the president's objections to a bill and shape the executive branch's relationship with Congress during the law-making process.
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Creating a two-term limit
The two-term limit for US presidents is a well-known example of the unwritten constitution becoming a formal part of the written constitution. The unwritten constitution refers to customs and precedents that are not laws but are considered an essential part of the system.
The two-term limit was initially an unwritten rule set by the precedent of George Washington, the first president of the United States. Washington refused to run for a third term, and this precedent was followed by subsequent presidents until Franklin Delano Roosevelt (FDR). FDR ran for, and won, a third and fourth term, serving as president for over a decade until his death before his fourth term began.
The violation of the two-term precedent by FDR caused concern among Americans, who recognized the importance of the two-term limit. As a result, in 1951, the 22nd Amendment was ratified, formally establishing the two-term limit as part of the written Constitution. This example illustrates how the unwritten constitution can evolve and be incorporated into the formal constitutional framework.
The formation of the president's cabinet is another example of the unwritten constitution. George Washington set a precedent by creating a cabinet of advisors, consisting of the heads of executive departments and the vice president. Regular meetings were held to seek advice and make decisions. This practice has become an established part of the presidency, despite not being explicitly mentioned in the Constitution.
Other examples of the unwritten constitution include the use of political parties to choose candidates for president and other offices, and the power of congressional committees to influence legislation. These examples highlight the dynamic nature of the unwritten constitution and its significant impact on the functioning of the US government.
Over time, presidents have sought to expand their powers, particularly during times of crisis. The flexible interpretation of presidential powers, as outlined in Article II of the Constitution, has allowed for incremental increases in presidential authority. This has led to concerns about the balance of powers and the preservation of the principles on which the nation was founded.
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Frequently asked questions
Holding a cabinet meeting at the White House. George Washington set a precedent for future presidents by creating a cabinet of advisors.
The two-term limit was an unwritten rule until FDR won a third and fourth term. In 1951, the 22nd Amendment was ratified to set a two-term limit, making the unwritten rule a formal part of the Constitution.
Yes, several. For example, the use of political parties to choose candidates for president and other offices, and the committee system used by Congress to make recommendations on bills. Additionally, presidents have been known to expand their powers in times of crisis and break with unwritten rules.
