Unconventional Methods: Informal Ways to Amend the Constitution

Unconventional Methods: Informal Ways to Amend the Constitution

The United States Constitution is the supreme law of the land, but it is not a static document. Over the years, changes have been made to the document to ensure that it remains relevant in the face of the changing times. While the formal method of amending the constitution is well established, there are other informal methods that have been used to bring about significant changes.

What Are Informal Ways to Amend the Constitution?

The most common way to amend the Constitution is through a formal amendment process, which involves proposing an amendment in the House of Representatives or the Senate followed by a two-thirds vote in Congress and ratification by three-fourths of the states. However, there are also informal ways that the Constitution can be amended, including:

1. Judicial Interpretation

One of the most significant ways in which the Constitution has been amended informally is through judicial interpretation. The Supreme Court has the power to interpret the Constitution, and its decisions have the force of law. In many cases, the Court has interpreted the Constitution in a way that changes how it is applied.

For instance, in the landmark case of Brown v. Board of Education, the Supreme Court held that segregation in public schools was unconstitutional, thereby changing the face of education in America. Likewise, in the case of Roe v. Wade, the Court established a constitutional right to privacy that has been used to defend a woman’s right to choose.

2. Legislative Action

Another way that the Constitution can be amended informally is through legislative action. Congress has the power to pass laws that have the effect of amending the Constitution, even if they do not formally amend the document.

For instance, the 14th amendment guarantees equal protection under the law, but Congress has passed a number of laws that have helped to further this goal. One example is the Civil Rights Act of 1964, which prohibits discrimination based on race, religion, or gender.

3. Executive Action

The President also has the power to amend the Constitution informally through executive action. The President’s executive orders and actions can have the effect of amending the Constitution, even if they are not formal amendments.

For example, President Franklin D. Roosevelt’s New Deal programs helped to expand the reach of the federal government, even though they were not specifically authorized by the Constitution. Similarly, President Barack Obama’s Executive Order on Immigration granted temporary legal status to millions of undocumented immigrants, effectively changing the way immigration law is applied.

Conclusion

While the formal method of amending the Constitution is the most well-known, there are other informal methods that have been used to bring about significant changes. Through judicial interpretation, legislative action, and executive action, the Constitution has been amended in ways that have helped to ensure that it remains a living, breathing document that is relevant to the changing needs of the American people.