I. Formal Amendments to the Constitution (Article V)
A. Proposing Amendments (national function)
- Congress may propose amendments by a 2/3s vote in both
houses.
- National Constitutional Conventioncalled by Congress on the
application of 2/3s of the states (34 states)
B. Ratification of Amendments (State Function)
- By Legislatures in 3/4s of the states (38 states);
- Constitutional Conventions in 3/4s of the states.
II. Informal Changes to the Constitution
A. Judicial Review: Interpretation by the Courts
- Marbury v. Madison, 1 Cranch 137 (1803).
B. Legislative Elaboration: Interpretation by Congress
- Voting Rights Act of 1965
- War Powers Act of 1973
C. Executive Interpretation: Interpretation by the President
- Executive Privilege
- "Commander-in-Chief" (Article II, Section 2)
D.Custom & Tradition:
- Political Parties
- President's Cabinet
- Duties of Vice President