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Introduction
The "Unwritten Constitution"
refers to the ideas and processes that are accepted as a
needed part of American government, regardless of the
fact that they are not actually in the Constitution.
These ideas and processes came about through the custom
and precedent. Many aspects of the unwritten
Constitution are so ingrained into our system that many
do not even realize that they are not laws or provisions
of the Constitution.
President's
Cabinet
George Washington was the first to have a
cabinet of advisors to aid him in making
decisions for the nation. Today, the president's
cabinet consists of the secretaries/heads of the 14
major departments of the executive branch
(a few examples include: The Attorney General
of the Justice Department, The Secretary
of Defense of the Defense Department and
The Secretary of State of the State
Department).
Political
Parties
Political parties are as old
as the Constitution itself, however the document makes
no rules to govern them. The first political parties
arose from the debates over Constitutional
ratification (the Federalists Party lead by Alexander
Hamilton and the Democratic-Republicans
headed by Thomas Jefferson). It quickly became
clear that political parties were to be the major
forces in shaping American politics and by necessity
rules and laws were established for their regulation,
with no basis in the Constitution.
Congressional
Committees
Congressional committees
have been referred to as the "backbone of
Congress". However, the system by which the
majority of the work in Congress is accomplished is
not defined in the Constitution. The work of Congress
soon became so vast, that it became essential to the
governing of the nation, to divide the work of
legislating into specialized committees. These
committees in both the House and the Senate serve to
first consider specific legislation on topics such as
the military (armed services committee), foreign
policy (foreign relations committee) or spending
(appropriations committee) before passing bills onto
the entire House or Senate for consideration.
Judicial
Review
The most important power of
the Supreme Court, that of Judicial Review or
the ability to declare laws unconstitutional, is not
in the Constitution. The power of Judicial Review was
a precedent set in the 1803 Marbury v. Madison
decision. Regardless, it has become one of the most fundamental
concepts in American government. It also serves
a check and balance on the laws passed by
Congress and the actions and treaties of the President.
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