This document discusses five ways that the U.S. Constitution has been informally changed over time without formal amendments: 1) basic legislation passed by Congress that adds details to skeletal Constitutional provisions; 2) executive actions that have expanded presidential power; 3) court decisions where the Supreme Court interprets the Constitution; 4) party practices such as conventions that are not mentioned in the Constitution; and 5) customs that have become entrenched over time, such as the role of the Cabinet. It provides examples of how each method has altered the meaning or implementation of the Constitution in practice.

1. U.S. Government
Chapter 3 – Section 3

2.  Executive agreement
 Treaty
 Electoral college
 Cabinet
 Senatorial courtesy

3.  Section Objectives:
 Identify how basic legislation changed the Constitution
over time.
 Describe the ways in which the Constitution has been
altered by executive and judicial decisions.
 4.6 – Understand the concept of federalism
 5.4 – Understand the U.S. Constitution as a living
document in both principle and practice

4.  Many changes have been made over time to
the Constitution not in writing (or formal
amendment) but rather by the day-to-day
experiences of government under the
Constitution
 Many changes have been made, but not to
the written word

5.  Five basic ways to “informally” change the
Constitution
1. basic Legislation
2. executive action
3. court decisions
4. party practices
5. custom

6.  Over time Congress has “added the flesh to the
bones” of the Constitution
 Congress passes laws to spell out the details of
provisions that were purposefully left “skeletal”
by the framers
 Ex. The structure of the federal court system
 The Constitution says that if the office of president is
left open, the vice president is to fill the position.
Laws passed by Congress give more details.

7.  Presidents have expanded their power over
time several ways
 Power to declare war (given to Congress by the
Constitution) has been used by the President
(Commander-in-chief as written by the
Constitution)

8.  Executive agreements can be made between
presidents and other foreign leaders
 Executive agreements do not have to be approved
by congress

9.  The Supreme Court has the ability to
interpret and apply the Constitution in cases
they hear.
 “A constitutional convention in continuous
session.” Woodrow Wilson

10.  The Constitution does not mention political
parties but they have played a major role in
the shaping of the government and its
processes.
 Political parties hold conventions which are
not written into the Constitution

11.  Political parties have converted the electoral
college from what the Framers intended into
a “rubber stamp” for each state’s popular
vote in presidential elections

12.  Upholding long-held customs as
constitutional necessity
 Unwritten custom may be as strong as
written law
 By custom, not because of the Constitution,
the heads of the 15 executive departments
make up the president’s Cabinet