Ways the Constitution Can Be Amended Essay #3

There are two formal ways the Constitution can be amended. First, it can go through the supreme court, which has the power to amend the constitution when a case is brought before them that requires it. And the second way, Congress can amend the constitution with a vote of two thirds in each house. There are many ways to informally change the Constitution since the founders left many elements of our government open to interpretation. One method is via the elastic clause. This clause gives Congress the ability to pass any law deemed "necessary and proper" for carrying out it's expressed powers. For example, nowhere in the Constitution did it specify that the federal government had the power to establish a national bank but it did anyway. When this action was challenged by the federal courts in the case of McCulloch v. Maryland in 1819, the U.S. Supreme Court had to determine if this action by Congress was legal under the Constitution. The government argued that since it had the powers to tax, borrow, coin money, and spend it is implied that they have the right to establish a national bank since this would make their job related to these areas much easier. The Court agreed and the Constitution was informally changed. Another informal method of changing the Constitution is through the development of political custom or tradition. For example, nowhere in the Constitution does it mention anything about a President having a cabinet to assist him in making decisions. This was developed over the years by president's themselves as the need for assistance and advice arose. This form of meeting has become a regular fixture for presidents present and future. Informal methods are used more often than the formal amendment process because it is much easier to amend the Constitution.