Q:

What is an informal amendment?

A:

Quick Answer

An informal amendment to the United States Constitution is one that occurs through non-traditional processes such as "de facto" changes of law. These processes of amendment, which may be the result of either circumstantial social change or judicial review, are considered non-traditional because they are not specified in the Constitution as legitimate means by which amendments can be made.

 Know More

Full Answer

As a result, informal amendments can be rather controversial, especially those made by judicial review. This is the process whereby law courts are able to pass judgment on whether a federal law is constitutional.

In the U.S., judicial review will typically be carried out by the Supreme Court, but not always. In fact, all courts at all levels are permitted to evaluate federal legislation against the Constitution. The majority of other countries with constitutions grant this power of judicial review only to a specific type of court.

The other process by which informal amendment occurs is more organic and therefore usually less controversial. As society changes, parts of the Constitution become obsolete or unfair, warranting alteration. A prime example of this occurred during the Industrial Revolution, when the right to vote was informally extended beyond white, male landowners. as specified in the Constitution, to the middle and working classes.

Learn more about Law

Related Questions

  • Q:

    What is family law?

    A:

    Family law addresses the rules, regulations and court processes involving the family unit, according to an article on FindLaw. As such, family law deals with marriage, divorce, property obligations, paternity, and child custody and support. It also handles adoption, guardianship, domestic partnerships, foster care, emancipation and reproductive rights.

    Full Answer >
    Filed Under:
  • Q:

    Why is the Patriot Act good?

    A:

    The Patriot Act facilitates a number of processes that make it possible for law enforcement to investigate and prosecute terrorists. Many of the tools laid out in the Patriot Act had been employed against organized crime but were not available for use as instruments against terrorism, according to the Department of Justice.

    Full Answer >
    Filed Under:
  • Q:

    How do you petition for a name change in Arkansas?

    A:

    An adult residing in Arkansas who wishes to change his name must file a Petition for Change of Name with the Circuit Court or Chancery in the jurisdiction of one's residence, according to Arkansas state law. An adult in Arkansas is defined as anyone of 18 years of age.

    Full Answer >
    Filed Under:
  • Q:

    When was the 15th Amendment passed?

    A:

    The 15th Amendment to the United States Constitution was passed by Congress on February 26, 1869, and ratified by the states on February 3, 1870. It was officially included in the Constitution on March 30, 1870.

    Full Answer >
    Filed Under:

Explore