Informal Changes to the Constitution

Basic Legislation 

Congress can pass laws to clarify aspects of the Constitution and has used this method to increase its own powers
Has created:

  • Federal Courts
  • Executive branch departments, offices, agencies
  • Presidential Actions

Executive Orders

A rule or directive issued by the president having the force of law, not mentioned in the Constitution


Treaty

Constitutional power given to the President to establish a:
Formal agreement between two or more sovereign states
Requires the Senate’s approval

Presidents and Foreign Affairs

Executive agreements
Unofficially expanded president’s constitutional influence/ power in foreign affairs:
Pact made by the President with the head of a foreign state
Not in Constitution, but used more frequently

Parties and Other Precedents

Political parties have changed the function of the electoral college:
Bodies that selects the nation’s president
It was a way to ensure that people vote properly, now is a rubber stamp for how the state votes.

Custom and Usage Synthesis

Political customs have most affected the executive branch and presidential influence. Informal changes to the Constitution, therefore, are frequent.

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