Presidential Power on Trial
By Randall D. Gates

Overview

In this lesson that involves role-playing and jurisprudence, students try four presidents (Andrew Jackson, Grover Cleveland, Theodore Roosevelt, and Richard Nixon) for the abuse of executive power. The exercise also asks students to judge the constitutionality of the in-class courtroom decisions.  Additionally, the class analyzes the arguments and renders a verdict.

Objectives

Students will:

  • Research and analyze the presidents' historical roles or positions
  • Represent their characters' position clearly in mock trials
  • Develop a clear understanding of the limits of presidential authority
  • Conclude that the responsibility of the president is judged through the Constitution and the will of the American people

Time Required

This lesson requires five 50-minute periods (all work can be completed during class time. 

Materials

Initial Motivation

Ask the class why it might be dangerous if we let our leaders do as they wish, without the approval of the American people. Solicit examples from the class of such incidents happening here or in other countries.  Then, pose this question:  How can our government prevent such events from occurring?  Finally, tell students that they will investigate four such events during which our presidents pushed their executive powers to the limit.

Procedures

Day 1

  1. Explain to students that they will be assigned to different roles.  All students who do not receive a specific role will act as jurors.  Each juror will judge four presidential administrations on their constitutionality and actions. 
  2. Review and distribute the attached scenarios with the students.
  3. Put students into groups and post the listing of roles on the wall.
  4. Hand out and explain the Presidential Trial Worksheet to be filled in by all students.  Students will need to take notes on the assignment instructions.  They may be allowed to go to the library independently. Students may choose two witnesses within their groups. Explain to students that the witnesses must be credible and friendly to their case. Witnesses must be major figures in the issue being considered, i.e. Erlichman and Dean in the Nixon case. Someone within the group will be assigned to play these figures. Students need to choose the questions to be asked of the witnesses and prepare proper answers to best represent their case to the class.  Students will be graded on their ability to represent their side of the issue and on thoroughness. Stress that teamwork is essential!  Announce that all roles and a witness list are due the next day at the end of class. 

Day 2

  1. Have students continue working, sending the last groups to the library to do their research.  A good place to start research is the presidential biography section of The American President website. When there are 20 minutes left of class, give the class a schedule for the next days' trials.

Days 3 and 4

  1. Set up the classroom to look like a courtroom, organizing the chairs, etc.  As the teacher, you are also the judge.   Hold the trials, with each one lasting approximately 35 minutes.  The class should take notes of the trial.  Students are then asked to cast their verdict. 

Day 5

  1. Review the exercises of the prior two days.  Introduce and show the "Expanding Power" video.   Following the video, discuss the class' findings/verdicts versus the real outcomes. 
  2. Direct students to answer the one paragraph question at the bottom of the worksheet, and attach their completed worksheets for homework and assessment.

Assessment

Grade each student on preparation and understanding. The role-players are representative of their groups' work and should be graded on participation. In addition to their worksheets with daily prep and notes, students should also submit an essay for final assessment of the assignment.  The following is a question given for written assessment of content:

    The president is an officer within a constitutional government. Is power and authority enough to allow the president to substantiate executive decisions, no matter what they may be?

The students should conclude that in every case, the reason for success was that the president represented the will of the people and maintained their support. For example, in Nixon's case, his inability to keep the public trust and act within constitutional guidelines led to his downfall.

Additional Resources

Links to historical documents are available on The American President website

Official White House site:  http://www.whitehouse.gov

The Internet Public Library's site on the presidents:  http://www.ipl.org/ref/POTUS

Interdisciplinary Connections

Drama teachers may give students advice for acting in a trial and taking on the role of the presidents or witnesses.

Randall D. Gates teaches social studies in Conejo, California.

Presidential Power on Trial

Scenarios Sheet

Trial #1:  Andrew Jackson

Issue:  Opponent of the Bank of the United States

Actions:  Vetoed the re-chartering of the Bank of the United States

Charge:  Overstepping his authority; the Senate believed it should have last word as representatives of the American people.

Trial #2:  Grover Cleveland

Issue:  Right to a self-appoint cabinet without Senate approval

Actions:   Appointing friends to government agency positions in order to clean house of corruption, interfering in the Pullman Strike

Charge:   Overstepping his authority by involving the federal government in stopping a labor action; the Senate must confirm presidential cabinet appointments.

Trial # 3:  Theodore Roosevelt

Issue:  Bypassing Congress to carry out foreign and domestic policy—using public opinion as his reasoning

Actions:  Invoking an executive order to purchase wilderness and create the National Park Service, manipulating around Congress to build the Panama Canal, Big stick diplomacy

Charge:  Bypassing Congress and the representatives of the American people to carry out an agenda

Trial #4:  Richard Nixon

Issue:  Bypassing the Departments of State and Defense, acting without congressional approval to carryout warlike actions/undercover activities

Actions:   Bombing of Cambodia and Laos, breaking into Watergate and subsequently covering-up  the action

Charge:   Lying to Congress and the American people, withholding evidence from the special prosecutor, authorizing clandestine operations (i.e. Watergate)

Presidential Power on Trial

Presidential Trial Worksheet

                                            The People vs. _______________________

Trial Procedures

Roles Needed: 

1 Defendant (President)
1 Prosecutor
1 Defense Attorney
1 Judge (Instructor)
4 Witnesses
Class-Jury

  1. Prosecutor makes opening statement (1 page long), stating reasons why the defendant is being prosecuted. (2 minutes)
  2. Defense makes opening statement (1 page long), stating reasons why defendant acted in such a manner, countering the prosecutor's argument. Cross-examining allowed. (2 minutes)
  3. Prosecutor calls two witnesses and questions them. Cross-examining allowed. (10 minutes)
  4. Defense calls two witnesses and questions them. (10 minutes)
  5. Prosecutor calls the president and questions him. (5 minutes)
  6. Defense cross-examines the president to counter the prosecutor's arguments. (5 minutes)
  7. Prosecution and defense rests.
  8. Role-players except the instructor (i.e., the judge) leave the room.  Judge calls for a verdict. Role-players re-enter and are given the verdict.
  9. Class discusses main points (pro/con) of the case.

Trial Notes

Opening Statement

 

 

Prosecution/Defense

 

 

Witnesses

 

 

Prosecution/Defense

 

 

Conclusion:  Guilty __________    Not Guilty _________

 

 

Follow-up Question

 

What made you decide in favor or against? (1 paragraph response)