The processes in the unwritten Constitution include the establishment of the Cabinet, congressional committees, political parties and the Supreme Court's power of judicial review. The unwritten Constitution refers to the processes, customs and precedents that are deemed essential in the U.S. government, although they are not actually set forth in the Constitution. The government has been involved with many aspects of the unwritten Constitution for so long that these processes have become ingrained in the system and are accepted as important parts of the government.Continue Reading
George Washington was the first president to create a cabinet of advisers who helped him make decisions for the country. The Cabinet today is comprised of the secretaries of the major departments of the executive branch.
Congressional committees are known as the "backbone of Congress." Most of the work that the Congress accomplishes are not defined in the Constitution.
The Constitution does not specifically mention the creation of political parties. The first political parties that emerged were the Democratic-Republicans led by Thomas Jefferson and the Federalists Party headed by Alexander Hamilton. These political parties emerged because of debates over ratification of the Constitution. Since then, political parties have become major forces that shape U.S. politics.
Interestingly, the Supreme Court’s power of Judicial Review, which is the power to declare laws unconstitutional, is not mentioned in the Constitution.Learn more about Types of Government
Article III of the U.S. Constitution deals with the establishment of the judiciary branch of the federal government. It also sets terms for judges, states rules for the hearing of different types of cases, and defines treason.Full Answer >
Marbury v. Madison was a landmark U.S. Supreme Court case in which the Supreme Court formed the basis for the exercise of judicial review under the Constitution. The 1803 case defined the boundary between the executive and judicial branches of government.Full Answer >
The president of the United States has the power to nominate justices of the Supreme Court with the advice and consent of the Senate, in accordance with Article II, section 2 of the Constitution of the United States. Although the president has the power to nominate Supreme Court justices, he has no power to remove them; that power is reserved to Congress alone.Full Answer >
In Gibbons v. Ogden in 1824, the Supreme Court ruled that under the Commerce Clause of Article 1, Section 8 of the Constitution, Congress had the power to regulate commerce crossing state lines. According to PBS, this ruling included transportation and guarded against conflicting state legislation.Full Answer >