The changing of the Constitution by means other than the formal amendment process must take place through five basic ways. They are legislation accomplished by congress, the actions of the President of the US, the federal courts’ decision, the political parties’ activities, the application of custom.
EXPLANATION
• Legislation accomplished by Congress
This way occurs when several things are considered to be a threat to the State in the future. The framers make a congress through the legislature, namely with -add meat to the skeletal bones of the Constitution.
• The Actions of the President of the US
The actions of some US presidents often have modified the Constitution. For example, while the Constitution specifically gives Congress the power to declare war, the Constitution also regards the president as the "Supreme Commander" of all US armed forces.
The president acts under that title, sending American troops into battle without an official statement of war imposed by Congress. In such cases, Congress will sometimes issue declarations of war resolution as a form of support for the actions of the president and the forces that have been deployed to fight.
• The Federal Courts’ Decision
In deciding cases, the Supreme Court is required to be able to interpret and apply the Constitution. Thus, in determining its decision, the Supreme Court often influences the Constitution itself. Once President Woodrow Wilson said that the Supreme Court was like an advanced constitutional convention.
• The Political Parties’ Activities
Although the Constitution does not mention political parties, they have contributed to changing the constitution for years. For example, either the Constitution or federal law political parties stipulate the method of nominating a presidential candidate. The entire nominating process is often created and changed by the leaders of the main political parties.
• The Application of Custom
History records various examples of customs and traditions which have extended the constitution. For example, the very existence, form, and purpose of the president's cabinet is a custom product rather than a constitution.
LEARN MORE
If you’re interested in learning more about this topic, we recommend you to also take a look at the following questions:
•In a loose constructionist perspective, how is the constitution viewed?
Keyword: Constitutional Change, Non-Formal Amendment, Social Studies.
Subject: Social Studies
Class: 10-12
Subchapter: Constitutional Change
