Unwritten Constitution

Putting the Constitution into Effect

An “unwritten” constitution devolved almost immediately to support the “written” Constitution. This helped to “fill in the blanks”. Essential but not actually in the Constitution

The Cabinet :

?????

NO!!! These Guys.

Unwritten Constitution Washington appointed: • Alexander Hamilton - Secretary of the Treasury • John Jay - Secretary of State until Thomas Jefferson returned from Europe - Henry Knox - was made Secretary of War

Unwritten Constitution Washington regularly asked for the advice of these men. It became known as the Cabinet. This is not in the Constitution but every president since has had one.

Unwritten Constitution The Electoral College Promise: The fact that Electors in the Electoral College vote for the winner of the popular vote in their state is based on historical precedent, not anything in the Constitution.

Unwritten Constitution Judicial Review: The Supreme Court does not have the power, in the Constitution, to declare laws unconstitutional. This power was a precedent created by the case of Marbury v. Madison (more to come).

Unwritten Constitution Political Parties: Not mentioned in the Constitutional although relied upon heavily today for the election process.

Unwritten Constitution Congressional Committees: Not in the Constitution but used today in the passage of legislation in Congress.

Unwritten Constitution Congressional Lobbying: Not in the Constitution but allowed under the first amendment (speech) and regulated by law.

Unwritten Constitution Term Limits for President: Until FDR, the two term rule was followed by every president. It was not in the Constitution (Now it is: 22nd Amendment)