Understanding the Informal Amendment Process: How Changes to the Constitution Happen Outside of Formal Amendments

Understanding the Informal Amendment Process: How Changes to the Constitution Happen Outside of Formal Amendments

The United States Constitution is considered one of the most influential documents in legal history. It outlines the structure of the government, establishes the separation of powers and safeguards individual liberties. But what happens when changes are needed outside of the formal amendment process? This is where the informal amendment process comes into play.

Introduction

The Constitution has been amended formally 27 times since its ratification in 1787. However, as society has changed, new issues have arisen that the Constitution did not account for. Rather than going through the lengthy formal amendment process, changes have been made informally through various means. This article will explore the informal amendment process and its impact on the Constitution.

Body

1. Judicial Review

One way the Constitution has been changed informally is through judicial review. This refers to the power of the Supreme Court to interpret the Constitution and strike down any laws or actions that are deemed unconstitutional. This practice was established with the landmark case Marbury v. Madison in 1803. Through judicial review, the Supreme Court has expanded the scope of individual rights, such as the right to privacy, which is not explicitly mentioned in the Constitution.

2. Congressional Legislation

Another way the Constitution has been changed informally is through congressional legislation. Congress can pass laws that reinterpret or clarify the Constitution. For example, the 14th Amendment grants citizenship to “all persons born or naturalized in the United States.” Congress passed the Civil Rights Act of 1866, which clarified that this also included African Americans who were previously enslaved. In this way, Congress can expand or limit the scope of constitutional provisions without the need for a formal amendment.

3. Executive Action

The president has the power to make executive orders, which do not require congressional approval. These orders can have the force of law and can impact constitutional provisions. For example, President Truman issued an executive order to desegregate the military, which was required by the Constitution’s guarantee of equal protection under the law.

4. Social Movements

Finally, social movements have played a role in the informal amendment process. The civil rights movement of the 1960s led to the growth of social and political movements that have resulted in informal changes to the Constitution. For example, the Voting Rights Act of 1965 abolished voting restrictions that disproportionately impacted minorities. This act is an informal amendment because it was not passed through the formal amendment process, but it had a significant impact on the Constitution and expanded voting rights.

Conclusion

The informal amendment process has allowed the Constitution to adapt to changing societal needs without the need for a formal amendment. Judicial review, congressional legislation, executive action, and social movements have all played a role in this process. While the Constitution remains the cornerstone of American democracy, the informal amendment process has allowed for needed change without compromising the integrity of the document. As society continues to evolve, it is likely that the informal amendment process will continue to shape the Constitution.