Question: What is similar about why congress and the courts informally change the constitution? How do their methods changing the constitution vary?
Answer:
Similar changes of the constitution:
- Both change the constitution focusing on the following: Social, cultural and legal changes.
- Both use judicial interpretation to amend the constitution. This means that the federal courts had the power to nullify actions of the national government if it had a conflict with the Constitution.
Different changes of the constitution:
- Court: The nation’s courts interpret and apply the Constitution as they see most fits always considering the following: President, Powers given to the office, Commander and Chief and Executive Agreement.
- Constitution: The constitution has provisions which have to be considered in order for congress to pass laws. The Constitution states that an amendment may be proposed either by the Congress with a two-thirds majority vote in both the House of Representatives and the Senate or also by a constitutional convention by two-thirds of the State legislatures.