The framers of the Constitution feared too much centralized power, adopting the philosophy of divide and conquer. At the national level, they created three different branches of government to administer three different types of power. The legislative branch made the laws through a Congress of two houses, the Senate and the House of Representatives. The executive branch enforced the laws through a president, vice president, and numerous executive departments such as Treasury and State. And the judicial branch interpreted the laws through a Supreme Court and other lower courts. In the words of James Madison: “The accumulation of all powers, legislative, executive, and judiciary, in the same hands, whether of one, a few, or many, and whether hereditary, self-appointed, or elective, may justly be pronounced the very definition of tyranny.” Show Within the separation of powers, each of the three branches of government has “checks and balances” over the other two. For instance, Congress makes the laws, but the President can veto them and the Supreme Court can declare them unconstitutional. The President enforces the law, but Congress must approve executive appointments and the Supreme Court rules whether executive action is constitutional. The Supreme Court can strike down actions by both the legislative and executive branches, but the President nominates Supreme Court justices and the Senate confirms or denies their nominations. “Ambition must be made to counteract ambition,” wrote James Madison in Federalist 51, so that each branch will seek to limit the power of the other two branches to protect its own power. Such a system makes concerted action more difficult, but it also makes tyranny less likely. We the People content written by Linda R. Monk, Constitutional scholar Learning Objectives
6.1 Activity: Separation of Powers and Federalism: Whose job (or check), is it?
Purpose In this activity, you will explore the separation of powers and federalism. Process After your discussion, your teacher will lead you through an activity to determine your understanding of separation of powers and checks and balances, in particular. Launch Activity Synthesis Now that students have a better understanding of the separation of powers, ask students to identify examples of when a branch has the sole power to work alone and when a branch must work with another branch to take action. Ask the students these follow-up questions:
As part of the discussion, connect the principles of the separation of powers, checks and balances, and federalism to the broader theory of our republic: the need to both check abuses of power and create a government that creates policy that serves the common good (by slowing politics down, blocking bad ideas, curbing abuse, promoting deliberation, valuing principled compromise, etc.). Students should see not only the value of checking government abuse, but also the constructive parts of our complicated system—how it might promote good policy—and also reflect on whether they think that the founders struck the right balance. To frame this part of the discussion, ask students to reflect on the following questions:
Constitution 101 Resources Constitution 101 Resources 6.2 Activity: Key Terms
Launch Information Activity Synthesis Activity Extension (optional) Constitution 101 Resources 6.3 Video Activity: Separation of Powers
Purpose Process Then, complete the Video Reflection: Separation of Powers worksheet. Identify any areas that are unclear to you or where you would like further explanation. Be prepared to discuss your answers in a group and to ask your teacher any remaining questions. Launch Activity Synthesis Activity Extension (optional) Constitution 101 Resources 6.4 Activity: Branch Exploration
Purpose Description
Complete the Activity Guide: Branch Exploration worksheet to further explore your branch. Students should also be encouraged to look at the Constitution’s text itself when completing the activity sheet. Final Assignment:
Launch
Activity Synthesis Activity Extension (optional) Constitution 101 Resources Constitution 101 Resources Constitution 101 Resources Constitution 101 Resources Constitution 101 Resources 6.5 Activity: Philosophical Thinking on Separation of Powers
Launch As a class, discuss the connection between Montesquieu’s ideas of separation of powers, Adams’s views, and Madison’s views. Activity Synthesis
Activity Extension (optional) Constitution 101 Resources Constitution 101 Resources Constitution 101 Resources Constitution 101 Resources 6.6 Activity: Federalism, It’s in There
Purpose In this activity, you will find examples of federalism in the Constitution. Process Launch Activity Synthesis Activity Extension (optional) Constitution 101 Resources Constitution 101 Resources 6.7 Test Your Knowledge
Purpose Congratulations for completing the activities in this module! Now it’s time to apply what you have learned about the basic ideas and concepts covered. Process Complete the questions in the following quiz to test your knowledge. Launch This activity will help students determine their overall understanding of module concepts. It is recommended that questions are completed electronically so immediate feedback is provided, but a downloadable copy of the questions (with answer key) is also available. Knowledge Check Constitution 101 Resources What is the system called that limits the power of the 3 branches?The Three Branches of Government
To be sure that one branch does not become more powerful than the others, the Government has a system called checks and balances. Through this system, each branch is given power to check on the other two branches.
What is the principle behind the three branches of government?To ensure a separation of powers, the U.S. Federal Government is made up of three branches: legislative, executive and judicial. To ensure the government is effective and citizens' rights are protected, each branch has its own powers and responsibilities, including working with the other branches.
What would happen if one branch of government get too much power?The Legislative, Executive, and Judicial Branches keep each other in check and somewhat restricts each other. If one branch is more powerful than the other two then the other two will be weaker and that side of the government could collapse.
What stops one branch of government from becoming too powerful quizlet?Checks and balances prevents one branch from becoming too powerful by giving each branch the power to check on the other 2 branches. Example the executive branch can veto veto bills that the legislative branch made.
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