Understanding the Informal Amendment Process: How Congress Can Amend the Constitution through Laws

Understanding the Informal Amendment Process: How Congress Can Amend the Constitution through Laws

When most people think of amending the Constitution, they imagine a long, drawn-out process of congressional negotiations, multiple rounds of voting, and ratification by the states. However, there is another way that Congress can amend the Constitution: through informal amendment.

What is the Informal Amendment Process?

The informal amendment process refers to the way that the Constitution can be changed through means other than the formal amendment process outlined in Article V of the Constitution. Instead of going through the difficult, multi-step process of passing a constitutional amendment, Congress can pass laws that effectively change how the Constitution operates.

Examples of Informal Amendments

There have been many instances in which Congress has used the informal amendment process to change how the Constitution works. One of the most notable examples is the war powers of the president. The Constitution is somewhat vague on the issue of the president’s war powers, but Congress has effectively used informal amendment to limit the president’s ability to use military force through laws like the War Powers Act of 1973.

Another example is the use of executive orders. The Constitution does not explicitly outline the use of executive orders, but presidents have effectively amended the Constitution through their use of executive orders over the years.

Limitations on Informal Amendments

While informal amendment can be an effective way for Congress to change how the Constitution operates, there are some limitations to the process. One major limitation is the risk of judicial review. If Congress passes a law that is seen as unconstitutional, it can be struck down by the courts.

Additionally, informal amendment can be more difficult to accomplish than formal amendment, as it often requires the support of a majority of both houses of Congress, as well as the president.

Conclusion: Informal Amendment and the Constitution

Ultimately, the informal amendment process is an important tool that Congress can use to change how the Constitution operates. While it is not without its limitations, it can be a more efficient and effective way to make changes to the Constitution than the formal amendment process. Understanding how the informal amendment process works can help us to better understand how our government operates and the importance of congressional activity in shaping our country’s laws and institutions.