Separation of Powers or Shared Powers

Suggested Teaching Instructions

This activity may be used to conclude a unit of study into the creation of the US Constitution. The activity can be completed as a class, in small groups, in pairs, or individually. For grades 6-12. Approximate time needed is 90 minutes.

Start the lesson with a refresher of the terms "separation of powers" and "checks and balances." If students should be aware of these term's meanings, ask them to write a brief definition of the term in their own words, share their definition with a classmate, and then discuss the definitions as a group (i.e. a write, pair, share).

(Sample Definitions Checks and Balances: a system of overlapping powers of the separate branches of government that permits each branch to limit, restrain, or inform the actions of the other branches. Separation of Powers: a basic principle of American government that places different governing duties and powers among three independent and coequal branches: legislative, executive and judicial.)'

Ask students to provide an example of both "separation of powers" and "shared powers" in practice. For example, the President's ability to pardon without oversight is an example of separation of powers, while the law making power of Congress is shared with both the executive (through signing and vetoing legislation) and judicial branches (through declaring laws unconstitutional).

After discussing definitions, introduce the activity. Tell students they will be examining documents from throughout United States history to determine whether in practice our government has followed a principle of "separation of powers" or "shared powers."

Open the activity and model document analysis with one of the documents. After reading the document out-loud as a group, take a poll of students to see if they think this exemplifies "separation of powers" or "shared powers." Ask students to explain their opinions. Show how the scale works and based on the opinions of the class, place this example on the Weighing the Evidence scale.

Then tell students to analyze the remaining documents. As they analyze, students should note the particular branches associated with each document and the level of interaction between these branches within the document. Tell them to then place the document on the scale based on their opinion of which interpretation it helps support.

Special Note: As they analyze, tell students to note the overall importance of the actions they are selecting as examples of "separation of powers" and "shared powers." Rather than simply counting examples of both in action, they should be considering the scale and scope of the separation and/or shared nature. For example, while a President's exclusive pardoning power is an example of "separation of powers," does the fact that all laws require cooperation between the legislative and executive branches illustrate a greater degree of "shared powers."

Following completion of the activity, lead a class discussion on the issue. Teacher may write "separation of powers" and "shared powers" on opposite corners of the classroom and ask students to "take a stand" overall on their opinion about this issue. Question several students to explain their reasoning by citing evidence from the specific documents they analyzed.

During the discussion, direct students to some of the controversial documents included in this collection. For example, the fact the President must receive Congressional approval for confirmations (an example of “shared powers”), but can remove people from positions without approval (an example of a “separation of powers”). This discussion can include Lincoln’s suspension of habeas corpus (a Congressional power) and Franklin Roosevelt’s court-packing scheme.

Extension Activity: As an extension to this activity, ask students to create an argument writing focused on supporting either the "separation of powers" and "shared powers" thesis.