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.
The Powers of the President
In this lesson, students will view video clips to learn about the powers of the president and how they have grown and been used throughout our history. Students will use these video clips to respond to a writing prompt about the balance of powers between the three branches.
Habeas Corpus: The Guantanamo Cases
One of our oldest human rights, habeas corpus safeguards individual freedom by preventing unlawful or arbitrary imprisonment. This documentary examines habeas corpus and the separation of powers in the aftermath of the 9/11 attacks as the Supreme Court tried to strike a balance between the president’s duty to protect the nation and the constitutional protection of civil liberties in four major Guantanamo Bay cases: Hamdi v. Rumsfeld, Rasul v. Bush, Hamdan v. Rumsfeld and Boumediene v. Bush.
Closed captions available in English and Spanish.
Congress, the President, and the War Powers (Fundamental Principles of Government)
This lesson will explore the implementation of the war-making power from the first declared war under the Constitution—the War of 1812—to the Iraq War. Using primary sources, students will investigate how the constitutional powers to initiate war have been exercised by the legislative and executive branches at several key moments in American history. They will also evaluate why and how the balance of authority in initiating war has changed over time, and the current balance of power.
Federal Courts in History: United States v. Nixon
Dealing with the principle of separation of powers, this lesson focuses on the question of whether or not the Constitution’s separation of powers intended to create an absolute executive privilege.
Congress and the Legislative Branch: Lesson Plans & Resources
This Share My Lesson collection provides free lesson plans and resources to support teachers in educating students about the legislative branch of Congress. Students will learn about the powers of Congress and state legislatures, how those powers have been used or changed over time, and what issues face Congress today.
Judicial Independence: Essential, Limited, Controversial
In a constitutional system of government, the role of the judiciary is essential for maintaining the balance of power, protecting individual rights, upholding the rule of law, interpreting the Constitution, and ensuring equal justice for all. In this lesson, students learn about the role of an independent judiciary in the United States.
James Madison Lesson 2: The Second National Bank—Powers Not Specified in the Constitution
In this lesson, students examine the First and Second National Banks and whether or not such a bank’s powers are constitutional or unconstitutional.
How should the Constitution be applied to situations not specified in the text? How can balance be achieved between the power of the states and that of the federal government? How can a balance of power be achieved among the three branches of the federal government? In this lesson, Madison’s words will help students understand the constitutional issues involved in some controversies that arose during Madison’s presidency.
Presidency on Trial: Assessing the Limits of Presidential Power
As they framed the Constitution, many of the Founding Fathers were wary of a powerful chief executive who might overshadow the legislative branch. By constructing the separation of powers within the federal government with a system of checks and balances, the Framers sought to limit the power of the president. Students will investigate not only the formal checks as laid out in the Constitution, but also explore the informal checks on presidential power that have emerged in the modern era. Free registration required to access lesson plan.
The Role of the Courts (Separation of Powers)
In these five short videos, federal judges explain separation of powers and the roles of the three branches of government as well as landmark cases related to separation of powers. Judges also discuss our government’s system of checks and balances, and why it’s important to respect the nation’s rule of law and the jurisdiction of the courts.