3.3: Checks and Balances

1. Objective: Explain and examine the ways in which one branch of government can “check” the power of another through Checks and Balances Guiding Question:How can the other branches check the power of the President? 3.3: Checks and Balances

2. Do NOW • Explain Montesquieu’s theory of Separation of Powers in your own words. Why is it important? Word of the day Veto-the power or right of the Executive Branch of a government to cancel or postpone the decisions or laws of another

3. Agenda • Do NOW • Checks and Balances notes • PCoD • Reading and handout • CFU • Discussion • Paragraph Assessment • Presidential Vote Recast • Checks and Balances Simulation Prework

4. Test • Since both the Unit 2 Test and Quiz covered the same standards, I am taking the higher of your two scores for the grade. • You are welcome and encouraged to retake either one.

5. Three Branches

7. PCoD • According to the cartoon, what is the state of Checks and Balances in the US? • Subservient • “Sub” means? • “Servient” sounds like?

8. Becoming the Three Branches Follow these directions: 1. After the circumstance is read aloud by the teacher, decide if your group has the power to perform this action and indicate so by raising your hands. 2. If your group is one of the other two branches that didn’t raise your hands, determine if your branch of government has the power to “check” the branch that did have the power. 3. When asked by your teacher, indicate that your group does have a check on the power exercised by raising your hands. 4. Be prepared to explain what power your branch has to check the other branch’s power.

9. CFU • Congress wants to pass a bill outlawing American citizens from making contributions to Middle East charitable organizations. • What can the Executive Branch do? • What can Congress do back? • What can the Judicial Branch do?

10. Becoming the Three Branches E. A bill is passed outlawing American citizens from making contributions to Middle East charitable organizations. F. A replacement suggestion for the position of Attorney General has been given to Congress. G. A recent law closing a tax reduction for U.S. companies establishing off shore companies is ruled constitutional. H. A recent bill to increase funding for education was passed again after it was rejected. I. A health care insurance company has been ordered to pay for additional treatment requested by a patient.

11. CFU • On October 3, 2005 Bush nominated Harriet Miers, a corporate attorney from Texas who had served as Bush's private attorney and as White House Counsel. Miers was widely perceived as unqualified for the position, and it later emerged that she had allowed her law license to lapse for a good deal of time. What can be done?

12. CFU • In 1972, representatives of the Nixon Administration broke into Democratic National Committee headquarters at the Watergate office complex in Washington, D.C., and Nixon’s administration attempted to cover-up its involvement. What can be done?

13. CFU • In 1930, Herbert Hoover nominated John Parker to the position of Supreme Court Justice. Less than a decade earlier, Parker made remarks that damaged his credibility and popularity significantly.  “The participation of the Negro in politics,” said Parker, “is a source of evil and danger to both races .” What can be done about Mr. John Parker?

14. Becoming the Three Branches A. Homeland Security officials have been ordered to open suspicious packages they believe might be from terrorists. B. A bill recently passed to allow citizens to choose their own health care plan under Medicare. C. The United States has signed a peace treaty with Iran. D. A law, recently passed in a state legislature banning gay marriages, is being challenged as unconstitutional.

15. Discussion • Say, for instance, that the legislative branch no longer had to approve the President’s nominations for the Supreme Court. What would this do to the system of checks and balances? • What about Judicial Branch? • Executive Branch?

16. Do NOW • Describe the two ways that the legislative branch can limit or check the executive branch Word of the Day Bicameral legislature-a legislature comprised of two branches • Senate + House of Reps Note: I have received “The Hurricane” writing assignment from 1/3 of you. By spring break, it will be going in the gradebook as a zero.

17. Agenda • Do Now • Simulation Prep • Checks and Balances Simulation • Paragraph Assessment • Presidential Powers Gallery Walk • Presidential Video

18. Expectations for Simulation • Professionalism • No personal attacks • Appropriate Language (language of government representatives) • While your group is inactive, do not distract other groups by talking • No cell phones

19. Simulation 1)Congress will submit one of the bills out of the group to be read out loud to the class 2)Executive Branch members will debate the bill for 2 minutes and then the president will make a decision 3) Members of the press ask their questions. The President can answer questions or defer to his advisors. The Attorney General will be a very important advisor at the press conference. 5) The Press announces their lawsuit against Congress once the bill has been approved by the President in the press conference. 6) The Supreme Court asks questions to the Press and the Congress and President. They try to gain information regarding whether or not the law is constitutional. Once all their questions have been answered, they should discuss the merits of the case. 7) The Supreme Court votes and announces their decision.

20. Powers of the President Gallery Walk • With your group, take ten minutes at each station. • Take turns reading the paragraphs outloud • Think about what role the President is playing • Commander in Chief, Agenda Setter etc. • Think about if the President’s power is increasing or decreasing

21. Checks and Balances Assessment • In a full paragraph, explain what checks and balances are. Be sure to mention the way that each branch is able to “check” the other two. Keys to Success Mention one specific way that each branch can check the other two • Ex: The executive branch can check the judicial branch by…

22. Checks and Balances Simulation • Executive Branch: 7 representatives +1 president • Judicial Branch: 7 representatives • Legislative Branch: 7 representatives • Press: 6 representatives

23. Proposed Law • Congress is proposing a bill for a law that restricts the content of what can be put on the World Wide Web, making it a crime to publish on the Internet any criticism of the president or his advisors.

24. Checks and Balances Simulation • Executive Branch: 1 president, 1 VP, 4 other members • Members of Cabinet • Judicial Branch: 7 Supreme Court Justices • Legislative Branch: 7 Congressmen or Congresswomen • Press: Remaining representatives • Associated Press=CNN, LA Times, Fox News, MSNBC etc.

25. Expectations • Voices at an appropriate and low level • Stay on task • Role-Playing=get into the mindset of your character • How would my person feel about this bill? • You may discuss with group members but you should not write down the same ideas • Don’t ask questions all at once • I will circle around to take questions with each group

26. Simulation 1)Congress will submit one of the bills out of the group to be read out loud to the class 2)Executive Branch members will debate the bill for 2 minutes and then the president will make a decision 3) Members of the press ask their questions. The President can answer questions or defer to his advisors. The Attorney General will be a very important advisor at the press conference. 5) The Press announces their lawsuit against Congress once the bill has been approved by the President in the press conference. 6) The Supreme Court asks questions to the Press and the Congress and President. They try to gain information regarding whether or not the law is constitutional. Once all their questions have been answered, they should discuss the merits of the case. 7) The Supreme Court votes and announces their decision.