Why does the U.S. Constitution separate the government into three branches? At the nation’s founding, the Constitution’s framers understood that executive, legislative, and judicial responsibilities differed, and they provided for these distinct functions. They also believed that concentrating authority in one body would result in tyranny. They therefore divided the government into legislative, executive, and judicial branches, so that no single part would become too strong, and empowered each to limit or “check” the powers of the others. This exhibit examines Congress’s unique role and the ways in which it can balance or dynamically shape and challenge the powers of two other branches.
Separation of Powers
Instead of placing authority in the hands of one person, like a king, or even a small group of people, the U.S. Constitution divides power. Power is first divided between the national, or federal government, and the state and local government under a system known as Federalism. At the federal level, the Constitution again divides power between the three major branches of our federal government: the legislative, the executive, and the judicial. Discover the battles of the branches in the National Constitution Center’s learning module.
Freedom of Speech
In this lesson, students examine the historical context and the drafting of the First Amendment by examining the motivations of the founding generation. Students will also examine various types of “speech,” such as symbolic speech, hate speech, and political speech, to address the scope of protections promised by the First Amendment and learn that speech can only be limited when it is intended to and likely to cause imminent violence. In each instance, students will explore when the government has some authority to restrict speech; areas of consensus among scholars, judges, and citizens; the strongest constitutional arguments on each side of contested issues; and U.S. Supreme Court cases that have addressed free speech rights.
Impeachment and Conviction
This printable infographic explains how impeachment works, who’s involved, where those entities get their authority, and what it really takes to remove a federal official from office.
The 14th Amendment and the Evolution of Title IX
Congress and the courts have applied the 14th Amendment’s equal protection clause to many aspects of public life over the past 150 years. In this activity, students will explore the evolution of the 14th Amendment through the lens of Title IX, which prohibits institutions that receive federal funding from excluding students from participating in educational and athletic programs on the basis of sex. The Supreme Court’s first Title IX case, Grove City College v. Bell, also demonstrates how each of the three branches exercises its authority.
The American Presidency: Core Documents
This collection of documents on the presidency begins with Alexander Hamilton’s commentary on the sections of the Constitution related to the executive branch and ends with President Barack Obama’s address to the nation defending his interpretation of executive authority under the Constitution to use force against the Syrian regime. The documents cover the executive’s role and the specific topics of presidential selection, term limits, and impeachment.
Fundamental Freedoms
This lesson uses three Supreme Court cases to illustrate the difficulty in balancing our rights as citizens with the authority of a governmental body. Students will learn what our rights are, where they come from, and how far they extend.
Native Americans: Cultures and Conflicts (CKHG Unit)
Across 7 lessons, this unit explores the ways of life of diverse Native American peoples and how their cultures were disrupted, displaced, and profoundly altered by westward expansion and American government policies and practices in the 1800s. Some of the content of this unit is tied to the “Pathway to Citizenship,” an array of civics-focused knowledge, questions, and activities.
McCulloch v. Maryland (1819) Middle School Level
Did Congress have the authority under the Constitution to commission a national bank? If so, did the state of Maryland have the authority to tax a branch of the national bank operating within its borders? High school level also available.
This case summary provides teachers with everything they need to teach about McCulloch v. Maryland (1819). It contains background information in the form of summaries and important vocabulary at three different reading levels, as well a review of relevant legal concepts, diagram of how the case moved through the court system, and summary of the decision. This resource also includes seven classroom-ready activities that teach about the case using interactive methods.
Grade 9-12 Executive Branch Document Exploration
The purpose of this lesson is to assist student exploration of several of the primary source documents related to the creation of the executive branch. Through independent reading followed by a round robin assignment and an essay to explore current application of executive power, students will develop their historical inquiry skills and understand the scope and meaning of executive power under the U.S. Constitution.