Checks, Balances and the U.S. Constitution
By Katharina Heyning

Overview

Presidential profiles presented in The American President often focus on the balance of powers among the three branches of the national government.  Many presidents have chafed at the limitations of power of the executive branch, and many are remembered for having expanded the power of the presidency.  This lesson is intended as a stand-alone activity/game or as part of a wider unit on the U.S. Constitution, its history and present uses and the balance of power it mandates. Students are not expected to memorize or regurgitate exact wording of the document. Rather, the intent is to help students become more familiar with the structure and detail of the document and its application in present-day society. It is also designed as a follow-up lesson after students have a basic understanding of the history and construction of the document and how it is used as a governmental decision-making tool.

This activity will also help students become more familiar with the system of checks and balances built into the Constitution by the founding fathers. Each scenario studied is an example of something that could happen when one part of government attempts to usurp more power or control.  Through the vehicle of a scavenger hunt, students immerse themselves in the language and detail of the document.  They gain a greater appreciation for how well thought out the document is and how seemingly archaic language can still be a useful vehicle for analyzing current events. In so doing, students are exposed to one of the most important and beautifully written documents in our country's history.

Objectives

Students will:

  • Demonstrate a greater appreciation for how the U.S. Constitution, through interpretation, helps to maintain the balance of power in government
  • Interpret historical and legal writing through examination of the U.S. Constitution
  • Analyze plausible scenarios for their constitutionality
  • Synthesize previous knowledge of government with new knowledge through the application of plausible scenarios
  • Identify instances where the balance of power is in jeopardy

Time Required

This lesson's length is dependent upon the number of scenarios presented and how well acquainted the students are with the text of the Constitution. Suggested time is 30 minutes for about five scenarios. If more scenarios are used, more time will probably be needed.

Materials

Initial Motivation

It is assumed that the students have prior knowledge about the U.S. Constitution, its history and construction, and the process of interpretation. It is also assumed that students understand, generally, the "concept of checks and balances" in government. If not, it would be helpful to review this prior to starting the activity. 

If possible, some sort of introduction such as the following should be presented:

    The Constitution of the United States comprises the nation's fundamental law, providing the framework for its governance and the principles under which it must operate. Judicial reinterpretation has given the Constitution the flexibility to accommodate changes in the specific laws subject to its authority. In this game, you will be interpreting the Constitution and responsible for maintaining the balance of power contained within the document.

Procedures

  1. Scenarios should be printed out and cut apart. Place the scenarios in a container to hide them from view.
  2. Divide the class into teams; depending upon size of class, teams could be 3-4 students each.
  3. Each team is supplied with a copy of the Constitution. If possible, every person on the team should have a copy.  (It is highly recommended that this not be an abridged version commonly found in social studies textbooks, but rather the actual document.)  A full-text version of the Constitution can be viewed online at The American President website and some U.S. government sites.
  4. Explain to students the rules of the game:
     
    1. The first group to correctly identify the section of the Constitution that the scenario violates is awarded 5 points.
    2. An additional 2 points is awarded if the group can correctly name the branch of government attempting to disrupt the balance of power.
    3. If the group gives an incorrect answer, any other group may challenge it and be given the points.
    4. The winning team will have the most points at the end of the game.
       
  5. To play, choose one scenario out of the container at random, reading just the scenario and letting the teams compete for the correct answer.  Note: If your students are not very familiar with the Constitution at the start of the game, set a time limit (30 seconds) to answer the scenario. At the end of 30 seconds, if no one has it figured out, put the scenario back in the container and draw a new one. By doing it this way, students will have a chance to answer the scenario again later, perhaps after they've found the answer while looking for another.

Assessment

This lesson can be repeated several times with the same group to achieve fluency on the concept of checks and balances. Again, the importance of the lesson is not to memorize the document or even to know where to find something quickly. The purpose is to help students gain a greater appreciation for the system of checks and balances and the foresight of the framers in their crafting of the document. One way to assess students is to pose summary questions to be answered in written or oral form: 

    a. What are examples of the checks and balances built into the Constitution?
    b. Is it possible for the courts, the president, or Congress to gain too much power?
    c. How much power is too much power?
    d. How has our interpretation of the Constitution changed over time? In what ways?
    e. Do you think the Constitution will remain useable in the next 100 years? Why or why not?
    f. In what ways does the Constitution affect your daily life?

Extension Activities

There are many books, papers, and research reports on the history of the writing and interpretation of the U.S. Constitution.  For older students, further examination into the interpretation of law, application and use of aspects of the Constitution (e.g., the electoral college) could be done. For younger students, biographies of the signers of the Constitution would be very appropriate.

Katharina E. Heyning is an elementary social studies professor at the University of Wisconsin-Whitewater.

 

Checks, Balances and the U.S. Constitution

Game Scenarios

Directions:   Photocopy these scenarios, cut them up and place them in a sack or other concealing vessel.

Answers

Scenarios

Article III, Section 2, Paragraph 2

A 57-year-old swim instructor sues the country club at which he works for age discrimination by taking the case directly to the Supreme Court.

Article II, Section 2, Paragraph 1

After a break-in at a local Washington, DC jewelry store, a suspect is caught and found guilty. The felon is a major donor to the president's political party. The president pardons him.

Article I, Section 3, Paragraph 7

After removing the president from office by impeachment, the Senate decides to jail him at Fort Dix for his crimes against the nation.

Article IV, Section 2, Paragraph 1

After North Carolina passes a law that legalizes gay marriage, Congress passes a law that declares marriage certificates to be only valid in the issuing state.

Amendment 22

After sending the troops overseas to war, the president declares he will run for a third term to make sure "the troops come home again safely."

Amendment 3

After the Canadian army invades Montana, federal troops are sent to protect the border. All ranches within a 50-mile radius of the border are used to shelter soldiers from the extreme cold of winter.

Amendment 2

After the president is shot and nearly killed in an assassination attempt, Congress passes a law that makes all privately owned guns illegal.

Article IV, Section 4

Alaska is annexed by Canada and the president decides to let it be.

Article I, Section 9, Paragraph 3

Congress decides that divorce is illegal.  Anyone having a divorce must pay a $300 fine directly to a national fund to preserve the sanctity of marriage.

Article IV, Section 4

Congress declares a state of martial law in Texas due to drug-running over the border from Mexico.

Article II, Section 4

Congress starts impeachment proceedings of the president because she is adulterous and a liar.

Amendment 1

Congress votes to make Christianity the official religion of the United States.

Article I, Section 8, Paragraph 11

Mexico invades Texas and the president declares war.

Article III, Section 2, Paragraph 1

Ms. Smith, the U.S. ambassador to Luxembourg, has been sent home to Maine for trying to smuggle art into the country.  She is tried in a Portland, Maine court for her crimes.

Article I, Section 3, Paragraph 3

Nevada elects a new senator, a recent immigrant from Mexico, to represent the state.

Article I, Section 2, Paragraph 2

Oklahoma elects a new senator, just out of college, who is 24 years old.

Article I, Section 2, Paragraph 4

One of the representatives from Virginia dies suddenly of a heart attack and his wife agrees to take over for him.

Article I, Section 6, Paragraph 1

The House and Senate, in joint session, decide to increase their salary by selling lottery tickets to the general public.

Article I, Section 5, Paragraph 1

The House decides to tax absent members $50 per vote missed. The Senate objects to this, largely because they are concerned the president will ask them to do the same.

Article II, Section 1, Paragraph 8 or Article VI, Section 3

The newly elected president is an atheist and refuses to take the oath of office.

Article II, Section I, Paragraph 5

While entertaining guests at the White House, the president and the vice president are shot by an assassin. The president dies and the vice president is alive, but in a coma. The chief justice of the United States holds a press conference stating that she is now "acting president" until the vice president recovers fully.

Amendment 20, Section 2

The president decides to "get things going quickly" and declares that Congress will meet in regular session on December 20 of each year.

Article I, Section 2, Paragraph 5

The president is accused of selling secrets to Japan. The Senate takes a vote on whether to impeach him and begin proceedings.

Amendment 23

The president loses his reelection bid by a narrow margin. He was not well liked in and around Washington, DC. He declares that he is still president, since Washington, DC is not a state, and thus their votes in the election do not count.

Amendment 5

The president visits the Harley Davidson motorcycle plant in Milwaukee, Wisconsin and declares it a National Historic landmark. The federal government assumes control of production.

Article I, Section 9, Paragraph 8

While on a trade mission, the secretary of state is knighted by the king of Norway for her outstanding work.

Article I, Section 5, Paragraph 4

The Senate is having new carpeting installed and a member from Michigan is highly allergic. The Senate decides to move the proceedings to the Washington, DC Holiday Inn across the street. The House objects and says they can't do that.

Article I, Section 3, Paragraph 1

The Senate votes to increase their term of office to 10 years to allow time to raise more money for campaigning.

Article I, Section 3, Paragraph 2

The Speaker of the House gets caught in a horrendous scandal and resigns from his position and his seat in Congress. The president wants to appoint an aide to take his place until the next election can be held.

Article I, Section 2, Paragraph 5

The Speaker of the House ran against the president in the last election. Now the president asks the House to elect a new Speaker.

Amendment 16

The Supreme Court decides that income tax is a waste of time and people don't have to pay it.

Amendment 8

The Supreme Court lets a lower court ruling stand requiring all convicted drug dealers to have their left hands amputated at the wrist for punishment. 

Article I, Section 8, Paragraph 5

The Supreme Court rules that Congress may no longer oversee the printing of money, largely because private companies can do it more cheaply.

Article I, Section 9, Paragraph 5

To decrease the national debt, Congress passes a law taxing the export of wheat to other countries.