The “Un Written” Constitution

Section 3

Written Constitution: First Seven Articles & Amendments- clearly written & specifics about outline of the government!

Ideas that are accepted as a needed part of the government, not specifically written in the Constitution.

Essential parts of our government, that are NOT stated in the Constitution.

All of these are part of our government, but NEVER stated in the Constitution.

Congressional Committees help legislatures to research and pass laws, but are NOT mentioned in the Constitution.

The idea of a president’s cabinet started with George Washington, and today we have 14 departments that advise!

Many parties, started with federalist & anti-federalist, but not mentioned in the Constitution.

Evolution of Political Parties…

The Constitution makes no mention of political parties, they developed as the country grew.

The Constitution does not say how candidates for president should be nominated, political parties established the procedures.

Judicial Review consists of the power of the court to determine the constitutionality of government action, NOT in Constitution.

Unwritten Constitution

Amendments are not the only way the Constitution has changed….

•The meaning of the Constitution can be affected through daily operations of the government.

Five Ways to change

1.Basic legislation

2.Executive action

3.Court decisions

4.Party practices

5.Custom and usage

Just as there is a written way to change the

Constitution..Amendments…..

There are “informal ways” to change the Constitution that have evolved

over time..

A statement in the Constitution granting the power to pass all laws necessary and proper for carrying out the powers given to the federal government.

Gives Congress power to interpret & change the Constitution!

How can the President change the Constitution?

Executive Action “Powers” - aka Executive Agreements/Orders

Use of executive power to take an action

A pact between the president and the leader of a foreign country

different from a formal treaty/no approval by Congress.

Executive Orders

Japanese American Interment Camps

How do court decisions affect the Constitution?

Court Decisions - interpretations of law

judicial review- determine if a law or action of the government is unconstitutional!