U.S. Government and Civics / Unit 2: The Constitution
2.6 Informal Change
Notes
The Constitution also changes informally, without amendments, as its words are applied to new situations.
- Judicial interpretation: courts decide what the Constitution means in new cases.
- Legislation: Congress passes laws that fill in details, such as creating the lower federal courts (Judiciary Act of 1789).
- Executive actions: presidents use executive orders and executive agreements.
- Custom and tradition: the president's Cabinet is not mentioned in the Constitution but began with Washington.
- Some customs later became amendments: Washington's two-term tradition became the 22nd Amendment (1951).
- The Constitution's brief, general wording, such as the necessary and proper (elastic) clause, lets it adapt.
Practice
The president's Cabinet developed as a result of:
The Cabinet started with Washington's advisers and has continued by tradition.
Which tradition was later made official by a constitutional amendment?
Washington's two-term custom became the 22nd Amendment after Franklin Roosevelt won four elections.
Congress creates a new federal appeals court. This change to how the government works came through:
Article III lets Congress create lower federal courts by law.
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