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Lessons: 1 | 2 | 3 | 4 | 5 | 6 | 7 | 8

Goals: This lesson is designed to help students understand…

a.

the role that the First Congress played in "fleshing out" the structure and powers of the executive and judicial branches of the federal government.

b.

the complications that arise when powers that are necessary to the proper functioning of government are not explicitly listed in the Constitution.

Focus Questions:

• Why is government in the United States divided into three branches?
• What role did the First Congress play in helping to shape the executive and judicial branches?
• What impact did Congress’s decision on the removal of executive officers have on the balance of power between the legislative and executive branches of government?

Standards Addressed:
Delaware -

• Civics 1 (Grades 6-8): Students will…analyze the reasons for the different organizational structures each level of government [federal] employs.
• Civics 1 (Grades 6-8): Students will understand the principles and content of major American state papers such as the…United States Constitution…
• Civics 2 (Grades 9-12): Students will understand that the functioning of the government is a dynamic process which combines the formal balances of power incorporated in the Constitution with traditions, precedents, and interpretations which have evolved over the past 200 years.

National -

• Students should be able to explain how the legislative, executive, and judicial powers are distributed and shared among the three branches of government.
• Students should be able to explain how each branch of government can check the powers of the other branches.

Procedures:
 

1.

Entry Activity: prior to class write the names of the three branches of the federal government (Executive, Legislative, and Judicial) on the chalkboard or project them via the overhead projector. Pass out index cards as the students enter the room and ask the students to respond to the following prompts:

After you collect their responses, ask student to volunteer answers.

Note: Explain to the students that, due largely to experiences with the British monarchy, the fact that at least one legislative house was popularly elected, and the possibility of quick removal of representatives whose terms were only two years, 18th Century Americans tended to support the doctrine of legislative supremacy. They considered the legislative branch the safest branch in which power could be stored.
 

2.

Assign Roles – in this lesson students will be asked to play roles as members of the FFC. The FFC was divided on the issue of removal. There were four major arguments that emerged in the congressional debates and students are to be given role cards that explain one of the four positions. Assign different arguments to specific students if you want to make sure that the four arguments are divided evenly among your more vocal students. Or, simply distribute the role cards found in Handout 5-3 randomly.
 

3.

Parliamentary Rules: Distribute copies of Handout 1 so that the students can refer to them during the debates.
 

4.

Distribute the Legislative Brief found on Handout 5-2: Ask students to read their briefs in class or for homework then clarify any questions they may have about the contents of the brief. You may want to spend extra time reviewing the principles of balance of power, checks and balances, separation of power, and the "necessary and proper" clause as well as the concept of implied powers..
 

5.

Distribute Role Cards (Handout 5-3): Ask students to read their role cards then clarify any questions they may have about their roles.
 

6.

Debate
 

7.

Vote
 

 8.