Separation of Powers and Checks and Balances

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1 THE CONSTITUTION Separation of Powers and Checks and Balances Article 1 - The Legislature All legislative Powers herein granted shall be vested in a Congress of the United States, which shall consist of a Senate and House of Representatives. Article 2 - The President The executive Power shall be vested in a President of the United States of America. Article 3 - Judicial Powers The judicial Power of the United States, shall be vested in one supreme Court, and in such inferior Courts as the Congress may... establish. Why was the government divided into three parts with different powers? POWERS OF THE THREE BRANCHES Article 1 - The Legislature Article 2 - The Executive Article 3 The Judiciary MAKES LAWS ENFORCES LAWS INTERPRETS LAWS Overrides presidential Vetoes Veto laws passed by Congress Declare laws unconstitutional Approve or reject Presidential appointments (judges, Ambassador) Approves or rejects treaties Declares war Provide for defense Taxes to provide services Regulates money and trade Impeach President and other officials Creates the budget for the Military Can remove a judge Appoints judges and ambassadors Conducts foreign policy and makes treaties Enforces laws and treaties Commander in chief of military Recommend Bills to Congress Reports the on the state of the union Can pardon people convicted in the courts DIRECTIONS: Place the checks and balances in the correct arrow. Hears cases with ambassadors Can declare actions of Congress and the President unconstitutional Settles legal disputes b/w states Settles State and Federal disputes Settles disputes b/w States and Foreign Countries

2 Bush Nominates Roberts as Chief Justice President Seeks Quick Approval With Another Seat Left to Fill By Peter Baker, Washington Post, September 6, 2005 PRINCIPLES AT WORK President Bush nominated John G. Roberts Jr. yesterday as the 17th chief justice of the United States, promoting his nominee for associate justice to lead the Supreme Court and the rest of the federal judiciary even before Roberts was confirmed for the first assignment. Veto Threat Angers Republicans Some on Hill Disagree With Bush on Health Insurance for Kids By Christopher Lee and Jonathan Weisman, Washington Post, September 21, 2007 Republicans reacted angrily yesterday to President Bush's promise to veto a bill that would renew and expand the popular State Children's Health Insurance Program, raising the likelihood of significant GOP defections when the package comes to a vote next week. Democrats Won't Try To Impeach President By Charles Babington, Washington Post, Friday, May 12, 2006 Seeking to choke off a Republican rallying cry, the House's top Democrat has told colleagues that the party will not seek to impeach President Bush even if it gains control of the House in November's elections, her office said last night. Judge Rules Against Wiretaps NSA Program Called Unconstitutional By Dan Eggen and Dafna Linzer, Washington Post Staff, August 18, 2006 A federal judge in Detroit ruled yesterday that the National Security Agency's warrantless surveillance program is unconstitutional, delivering the first decision that the Bush administration's effort to monitor communications without court oversight runs afoul of the Bill of Rights and federal law. Long Road Ahead for Global Warming Pact By Peter Baker and Helen Dewar, Washington Post, December 12, 1997 With a far-reaching global warming treaty now in hand, President Clinton and his administration turned their attention yesterday to the daunting task of selling the agreement on Capitol Hill. The White House said it will not even submit the treaty for ratification in the Senate -- where at this point it would meet with almost certain defeat Power of Judiciary

3 EXIT SLIP: NAME Band This must be completed before you leave class. Create a title you can use to explain separation of powers and checks and balances. 1. Create a title: 2. How does this cartoon reflect the principles of separation of powers and checks and balances? 3. Explain how your title explains separation of powers and checks and balances. EXIT SLIP: NAME Band This must be completed before you leave class. Create a title you can use to explain separation of powers and checks and balances. 1. Create a title: 2. How does this cartoon reflect the principles of separation of powers and checks and balances?

4 3. Explain how your title explains separation of powers and checks and balances. AIM: Does the system of checks and balances prohibit progress? Objectives: After this lesson, students will be able to: Identify/Define: Separation of powers, checks and balances, legislative, executive and judicial branches. Discuss why the Framers of the Constitution decide to include these principles (Use Federalist Papers) Explain the system of checks and balances by using current examples and looking at the Constitution. Evaluate whether our constitutional system of checks and balances provide us with an effective government. Motivation: Quotes and Clinton Boat Cartoon 1. What do Hamilton, Franklin and think men will do with power? 2. How does this reflect the framers fears since the end of the Revolutionary War? 3. How does checks and balances attempt to protect against one person abusing his power? 4. Describe the cartoon. 5. Based on the cartoon, what are some of the potential problems with checks and balances? 6. In the cartoonist s opinion, is this system effective? Content: 1) Students will be given excerpts from the Constitution that explain the duties of each branch and illustrate checks and balances. Lists of each branches powers follow the excerpts. Using these lists, students will fill in checks and balances chart indicating how each of the three branches check each other. Class will come back together and share their work. Based on the lists you have and the chart you made, which branch has the most power? If you could be elected to one, which one would you choose? 2) Headlines On overhead, students will review headlines from major news stories from the past few years that illustrate the concept of checks and balances. Students will identify which branch(es) check which branch(es) in each headline. (The class can also stop to discuss any events/stories that they want to learn more about.) Summary: Answer AIM

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