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.
Article I: The Legislative Branch
The power to make laws in our country falls in the hands of the Legislative Branch. The branch is outlined in Article I of the Constitution. The Legislative Branch is divided into two houses of Congress. The House of Representatives is made up of representatives proportionate to their state’s population while each state maintains equal representation in the Senate. Learn all about Article I in the National Constitution Center’s learning module.
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.
Starter Kit: Federalism Podcast
A tug of war, a balancing act, two dancers dragging each other across the floor. This is the perpetual ebb and flow of power between the states and the federal government. How can things be legal in a state but illegal nationally? Are states obstinate barricades to federal legislation? Or are they laboratories of democracy?
This short episode includes a one-page Graphic Organizer for students to take notes on while listening, as well as discussion questions on the back side.
Arizona Legislature v. Arizona Independent Redistricting Commission (2015)
Did Proposition 106 violate the Elections Clause of the US Constitution by removing congressional districting power from the state legislature? The case summary provides the facts, and the Supreme Court’s answer to this question.
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.
What is the Judicial Branch?
This lesson exposes students to the judicial branch and the power of judicial review. They will read about an actual Supreme Court case, Torcaso v. Watkins, to see how the judicial branch used its power of judicial review to strike down an unconstitutional state law.
Federalism
“Federalism” is the word used to describe the Constitution’s system of dividing political power between the national government and the states. What is federalism and how does it work? Why did the founders build federalism into our constitutional system and what are the modern debates over federalism today? Explore the National Constitution Center’s Federalism learning module to learn more!
Japanese American Internment
On February 19, 1942, President Franklin D. Roosevelt issued Executive Order 9066, which gave the military broad powers to ban any citizen from a coastal area stretching from Washington state to California and extending inland into southern Arizona. For the next four years, more than 120,000 persons of Japanese ancestry—77,000 of them American citizens—were removed from this area and incarcerated indefinitely without criminal charges or trial. Forty-six years and eight presidents later, on August 10, 1988, President Ronald Reagan signed the Civil Liberties Act of 1988 into law.
The Pursuit of Justice
The Pursuit of Justice book, written by Kermit L. Hall and John J. Patrick, analyzes 30 Supreme Court cases chosen by a group of Supreme Court justices and leading civics educators as the most important for American citizens to understand. An additional 100 significant cases included in state history and civics standards are summarized. The complete book or individuals chapters can be downloaded.