Edward R. Murrow High School Ms. Albu & Ms.Sarno

Allen Barge, Principal American Studies

AIM:Does our system of checks and balances make our government better?

Objective Questions:

Why would the framers of the Constitution set up this system?

How can checks and balances be viewed as a curse?

Key Words:Legislative, Executive, Judicial, Veto, Checks and Balances, Three Branches, Unconstitutional, Separation of Powers

The 3 Branches of Government Checks and Balances

A. Background

The Constitution divides the power to govern among the legislative, executive, and judiciary branches within the national government. This division ensures that no one branch can dominate the government.

PART I: Separation of Powers

Senate and House of Representatives / President and Vice President / Supreme Court and Federal Courts
Make Laws / Enforces Laws and Treaties / Explains and Interprets Laws
  • Overrides presidential vetoes
  • Approves presidential appointments
  • Approves treaties
  • Taxes to provide services
  • Provides for defense, declares war
  • Regulates money and trade
  • Impeaches officials
/
  • Can veto laws
  • Appoints high officials
  • Conducts foreign policy
  • Enforces laws and treaties
  • Commander in chief of the military
  • Recommends bills to Congress
  • Reports the state of Union to Congress
  • Grants pardons
/
  • Settles legal disputes between states
  • Settles State and federal disputes
  • Settles disputes between States and foreign countries
  • Hears cases with ambassadors of foreign governments
  • Settles disputes between individuals and Federal Government

The President can veto, or reject, a bill. But Congress can override, or cancel, a Presidential veto. If two-thirds of all Congress members vote for the bill, it can still become a law.

Match the titles:

Executive Branch Congress

Legislative Branch Supreme Court

Judicial Branch President

Which job would you rather have? Why not the other 2? Write at least 4 sentences.

______

______

______

______

______

Part II: The Checks and Balances System

Explain why this is called a system of “checks and balances”?

______

2. The Three Branches of Government

You choose

ACTIVITY 1 or ACTIVITY 2

In activity 1: Put the above chart in your own words on this chart.

In activity 2: Fill in the chart.

PART III

Power / Which Branch has the Power? / Which Branch’s Power is Being Checked?
Create and pass legislation (laws).
Veto bills (says NO to the ideas for laws)
Ratify treaties
(laws about issues with other countries)
Appoint Federal judges to the supreme court.
Impeachment of federal officials.
Declare laws unconstitutional.
Judges are appointed for life.
Controls where money goes
Power / Branch / Branch Being Checked
1) Create and pass legislation.
/ Legislative Branch / Executive Branch
2) Veto bills.
/ Executive Branch / Legislative Branch
3) Ratify treaties.
/ Legislative Branch / Executive Branch
4) Appoint Federal judges.
/ Executive Branch / Judicial Branch
5) Impeachment of federal
officials. / Legislative Branch / Executive Branch,
6) Confirm presidential appointments. / Legislative Branch / Judicial Branch,
Executive Branch
7) Declare laws unconstitutional.
/ Judicial Branch / Legislative Branch,
Executive Branch
8) Override Presidential Vetoes.
/ Legislative Branch / Executive Branch
9) Judges are appointed for life.
/ Judicial Branch / Executive Branch,
Legislative Branch
10) Controls appropriations of
Money. / Legislative Branch / Executive Branch

Overhead with story of where Parent, Teacher and Principal are having a meeting about what to do in reaction to the fact that you (the student) have been cutting class. Your mother thinks you should only have to come to school when you want to, the Teacher thinks you only have to come enough to pass the class the class, and the Principals thinks you have to come every day. Who do you think would “win” in this meeting? Why? Is this a fair way to judge your attendance? Explain.

Extra, Extra!!

Read all about it!

While President Bush was leaving office, there was a law passed that said it is illegal to print any critical cartoon images of the President of the United States in newspapers, magazines or the internet.

Anyone caught creating; printing or reproducing such images will be thrown in jail and be forced to pay a $100,000 fine to the U.S. Government.

Explain your reaction to this law.

Can this law be passed?

How does our government prevent something like this law from passing?

11SI09-Checks and Balances

Motivation: Cartoon with G. Bush, new law passed.

Explain your reaction to this new law.

Can this law be passed?

How does our government prevent laws such as this one from being passed?

Aim: Does our system of checks and balances provide us with an effective government?

Key Words:

Checks and Balances

Executive Branch

Judicial Branch

Legislative Branch

Read A

Identify the three branches of government.

Why do you think this system was developed?

Read B

Explain why this is called a system of checks and balances.

Do you believe this makes our country better or worse?

Make some observations from the chart.

Read C

How does this separation make America stronger? Or weaker?

Why do you think the writers of the Constitution gave Congress this power?

What might happen if the government’s power were in the hands of just one person or group?

Group Work D

In pairs read each of these scenarios and identify the checks and balances to each of the situations.

Wrap-Up: Answer Aim.

The Legislative Branch
Tasks:
  1. As a group decide on a bill
  2. Write a Bill
  3. Present the bill in front of the class
  4. Submit the bill formally to the President
  5. Everyone in this group on the worksheet has to list all of the examples of checks and balances in this role playing simulation.
(Remember other groups can’t know what your tasks are!) / The Congress must write a bill that restricts the content of what can be put on the World Wide Web. It must be a proposed law that makes it a crime to publish on the Internet any criticism of the president or his advisors. Please list examples of the types of language that would be made illegal if the material were available on the World Wide Web. Students in this group must write the bill, be ready to debate the bill in class, and vote on it. The final results of the bill must be that is passes and is sent to the President for If the president vetoes the bill, the Congress will make amendments to the bill and resubmit the changed bill to the President’s approval.
The Executive Branch
Tasks:
  1. Consider and decide on the bill that was presented
  2. Each group member has to make recommendations
  3. Hold a press conference to announce decision
  4. The President and Attorney General answers questions
  5. Your group MUST approval the bill in the end.
  6. Everyone in this group on the worksheet has to list all of the examples of checks and balances in this role playing simulation.
(Remember other groups can’t know what your tasks are!) / Congress is going to submit a bill to you (the Executive Branch) that will make it illegal to place any criticism of the President on the Internet's World Wide Web. You will have to decide if the bill should be approved by the President or vetoed. Each of the president's advisors must write a "memo" to the president stating his or her position on the bill with a recommendation to the president weather or not it should be vetoed. Students should be ready to share their views with the class in the form of a press conference. If the president vetoes the bill, the Congress will make amendments to the bill and resubmit the changed bill to the President.
The bill should ultimately be approved by the President.
The Judicial Branch
Tasks:
  1. Ask questions- Press, Congress and President
  2. Discuss as a group whether or not it is constitutional
  3. Chief Justice presents the majority opinion
  4. Everyone in this group on the worksheet has to list all of the examples of checks and balances in this role playing simulation.
(Remember other groups can’t know what your tasks are!) / The Congress is considering a bill that will make criticism of the President on the Internet's World Wide Web illegal. If the bill is approved by Congress and approved by the President, the Supreme Court must be ready to hear arguments in favor and against the bill. The Supreme Court must be ready to ask the Congress questions about the bill in order to learn facts that will lead to a decision in a lawsuit brought by the Press against the bill. The Supreme Court must develop five to seven questions it can ask lawyers on both sides. The Supreme Court will also have to vote on the constitutionality of the bill. Those in favor (there must be a minority of students taking this position even if they disagree with it) and those opposed to the bill must write a "majority" and "minority" opinion in the case.
The Media
Tasks:
  1. Ask the President questions about the Bill
  2. Announce a lawsuit against Congress at the Press Conference
if the Bill is approved
  1. Defend why the Bill is unconstitutional
  2. Everyone in this group on the worksheet has to list all of the examples of checks and balances in this role playing simulation.
(Remember other groups can’t know what your tasks are!) / The Congress is considering a bill that would make criticism of the President on the Internet's world Wide Web illegal. The President will no doubt agree with such a bill since it would improve his image. The press is using the Internet more and more to place their articles on line for their customers who cannot receive their print version. If the bill becomes law, the Media (TV, Radio, Newspapers, and Magazines) must be ready to sue the federal government on the basis of the First Amendment Freedoms of press and Speech. The Press will learn of the President's decision at a press conference. They must have questions ready for the President no matter which way he decides: for or against the bill. Members of the media must write one or more editorials opposing (and supporting, even though this position would be in the minority) the bill. Members of the Press must be ready to answer questions from the Supreme Court as to why the bill should be ruled unconstitutional (or not ruled as such).

1. President Nixon is involved in something illegal. There is a good chance he will be impeached. Instead, he quits his job as president and Vice President Ford becomes President of the United States. The first thing he does is pardon former President Nixon.

President Ford uses his power to grant pardons as the Executive Branch.

Congress uses their power to impeach presidents.

2. Congress attempts to pass a law. This law is sent to President Clinton for his signature. He vetoes the bill and it is sent back to Congress where it becomes law anyway.

President Clinton uses his executive power to veto laws.

Congress uses their legislative power to override presidential vetoes.

3. After the terrorist attacks on September 11, 2001, President Bush sent the US PATRIOT Act to congress for approval into law. It passes but then had to be altered after The Supreme Court reviewed the Act.

President Bush used his executive power to recommend laws.

Supreme Court used their judiciary power to declare laws unconstitutional.