Civic Literacy Curriculum
Question 15: There are three branches of government: why?
Q15: There are three branches of government: why?
A. Because it makes government work faster and more efficiently
B. Because separation of powers prevents any one part from becoming too powerful
C. Because it makes it so that the president has more help
D. All of the above
Background
The Constitution uses multiple techniques to guarantee liberty.
First, federalism divides power between the state and federal governments, limiting the federal government only to powers specified in its text. Second, the Separation of Powers and Checks and Balances divide governance among the federal branches to keep any individual branch from wielding too much power. Third, constitutional rights, especially in the Bill of Rights, 14th Amendment, and Article 1, Sections 9 and 10, carve out key individual liberties out key individual liberties that government cannot infringe. (Plus, in addition to these all parts of the government are directly or indirectly accountable to the people, so that the people are capable of holding them responsible if they abuse their power.)
The French philosopher Montesquieu is perhaps best known for his theory on the separation of powers. In his work, The Spirit of the Laws, published in 1748, he wrote about the executive, legislative, and judicial branches, and how they should be separate -- but how they should also depend on each other. The result would be a system where no single branch could overpower the other two.
This was not wholly original, however. Montesquieu was influenced by John Locke’s Second Treatise of Government. He expanded upon Locke’s ideas, discussing the importance of the separation of powers.
Their theories were not just about the three branches. They were part of a larger discussion, about humankind possessing basic, natural rights and needing a government that will protect those rights. The relationship between the people and the government is, in essence, a social compact, or an agreement. Protecting those rights required carefully structuring government. In addition to its guarantees of federalism and civil liberties, the American Constitution uses the separation of powers and checks and balances as one of its primary tools to ensure the government does not become sufficiently powerful to threaten rights.
The separation of powers is designed so that no branch of government will become too powerful or exercise the powers of another branch. For example, the executive cannot make laws, only Congress. Checks and balances empower each branch to prevent the other branches from exceeding their constitutional authority. For example, the President can veto a law proposed by Congress.
Offline Activity
Introduction
This activity will help students better understand the process of checks and balances -- which prevents each branch of government from becoming too powerful -- by asking the students to not only define the processes but to also provide examples.
Preparation
- Provide a copy of Checks and Balances to each group/student.
- Provide a copy of the graphic organizer to each group/student.
- If the students are unfamiliar with the three branches, these handouts, which come from Question 16’s activity, may be of use:
- Executive Branch
- Legislative Branch
- Judicial Branch
- A rubric is available if this is a graded activity.
Required files
The Teaching Materials for this exercise includes a rubric.
Instructions
- Divide the class into groups of 2-3 based on the students’ individual levels. Group A is the group that needs some extra support. Group B is the core group that has the core knowledge to complete the activity. Group C is the enrichment group who have mastered the material and are prepared to extend their knowledge. Ideally, each group of 3 should have at least one student from Group A, one from Group B, and one from Group C.
- If students are in pairs rather than groups, divide them based on ability as well, pairing those who need support (Group A) with those who have core knowledge and/or have mastered the material (Groups B and C). b. This activity works equally well on the individual level.
- Instruct the students to begin by reading the handout provided. Suggest that they annotate the document as needed.
- Once they complete the reading, they should work on the graphic organizer. a. If students are working individually, but appear to be struggling with the examples/non-examples, encourage them to talk to their peers and brainstorm.
- Circulate throughout the room as the students complete the worksheets to check for understanding.
Discussion Prompts
Below are two discussion prompts that can be used by teachers in a classroom setting.
- The first discussion prompt will be one that is designed to support students that are not really understanding the content in a way that would help them to answer the test question.
- The second discussion prompt will be one that is designed to further student understanding of the content by making real-world connections, including connections to current events, and historical events. As your class progresses through American history, feel free to return to this question as a review exercise or a summative long-form question at the end of the term.
Background
The Virginia Declaration of Rights (1776), echoing Locke’s Second Treatise on Government, holds that “All men are born equally free and independent and have certain inherent natural rights” chiefly life, liberty, and property, and it is the responsibility of the government to protect those rights. The trick, however, was making sure that the government would indeed protect those rights and not turn into another monarchy.
Prompt 1
Understanding how each branch keeps the other two from becoming too powerful can be seen if we talk about the roles that each branch plays in governing. What tasks do each branch have and how do those tasks relate to the other branches and their roles?
Prompt 2
How does having three branches, each with the power to check the other two, actually protect the rights of the people? Use real-life examples in your answer.
K-2 Lesson
An Introduction to Checks and Balances
By Josie McClain
Lesson Summary: This lesson is for primary students to explore why there are three branches of government in terms of balancing power and responsibilities. It is an introductory lesson to checks and balances. It is best taught after the lesson introducing the three branches of government and their roles.
Primary Sources: Q15 Checks and Balances_CPTL.docx
This resource helps teachers have a strong grasp to then discuss with their primary students in a developmentally appropriate way. The main illustration to refer to is the triangle
Learning Objectives:
Students will be able to name the three branches of U.S. government.
Students will be able to explain why there are three branches of government.
Students will be able to give a basic definition of separation of powers.
Grades 3-5 Lesson Plan
There are three branches of government: Why?
By Roseanna Martinez
Lesson Summary: Students will name and describe the three branches of the American Government
Learning Objectives: Describe checks and balances, the three branches of government, and their duties.
Grades 6-8 Lesson Plan
The original ASU lesson for Q15, Separation of Powers, works well for middle school. It incorporates annotating and the Frayer Model, which are strong strategies. Build in collaboration in the following ways:
1. Give an allotted amount of time for annotating, then have students share their annotations with a partner. Put a (*) next to annotations they both found, an (!) next to the 2-3 most important ideas, and a (C) where they can add modern or cross-curricular connections.
2. The Frayer would work well in groups of 3-4. Often, it is best to provide a definition and then ask students to paraphrase or use words that the class will find comprehensible. Working together allows students to use their different strengths and encourages dialogue.
When sharing out to the class, have presenters from each group build on those presented beforehand using some of the following sentence stems:
a. We agree with _____________
b. We saw it differently than _________
c. We like the picture from group ________-, but we chose _________ because__________.
d. Building on what group ______ said _______________.
The discussion prompts could be used as exit tickets or notebook responses. The teacher could allow students to choose which they would like to answer or divide the class by alternating among rows or groups.
High School Lesson Plan
Understanding the Three Branches of the U.S. Government
By Kyle Hardy
Lesson:
Understanding the Three Branches of the U.S. Government
By Kyle Hardy
Objective:
Students will be able to explain the purpose and function of the three branches of the U.S. government and analyze why this structure was established.
Assessment:
Students will complete a written response articulating the purpose of the three branches of government, including examples of their functions and the importance of checks and balances in preventing the concentration of power.
Key Points:
- Separation of Powers: Each branch of government (Legislative, Executive, Judicial) has distinct powers and responsibilities.
- Checks and Balances: Mechanisms in place to ensure that no one branch becomes too powerful, allowing for oversight and accountability.
- Historical Context: Understanding the concerns of the Founding Fathers regarding tyranny and the need for a balanced government.
- Real-World Applications: Examples of how the three branches interact in current events and legislation.
- Common Misconceptions: The belief that one branch is more powerful than the others; in reality, they are designed to balance each other out.
Opening:
- Begin with a provocative question: "What would happen if one person had all the power in government?"
- Show a brief video clip illustrating a scenario where one branch exceeds its authority, prompting a discussion about the importance of balance in government. 3 Branches of Government | Kids Educational Video | Kids Academy
- Engage students in small group discussions around their thoughts on power distribution in government.
Introduction to New Material:
- Provide a detailed overview of each branch of government, highlighting their specific powers and responsibilities.
- Use visual aids (charts or graphic organizers) to illustrate the separation of powers and checks and balances.
- Introduce the historical context behind the establishment of three branches, referencing key documents like the Federalist Papers.
- Common Misconception to Anticipate: Some students may think that the Executive branch has more power than the others; clarify that all branches have equal power but serve different functions.
Guided Practice:
- Divide students into small groups to analyze case studies of current events where the three branches interact (e.g., a Supreme Court decision affecting legislation).
- Scaffold questioning:
- Easy: What is the main function of the Legislative branch?
- Medium: How does the Executive branch check the power of the Legislative branch?
- Hard: In what ways can the Judicial branch impact laws passed by Congress?
- Monitor student performance through observation and guiding questions to ensure understanding.
Independent Practice:
- Assign students to create a presentation or infographic that outlines the functions of each branch of government, including specific examples of checks and balances in action.
- Expect students to use at least two sources to support their information and present their findings to the class.
Closing:
- Conduct a quick roundtable discussion where each student shares one key takeaway about the three branches of government.
- Use an exit ticket where students write down one question they still have about the topic.
Extension Activity:
- For students who finish early, provide them with a research task to explore the impact of a landmark Supreme Court case on the balance of power among the branches of government.
- Or they can complete this quick worksheet.
Homework:
- Assign students to read an article about a recent legislative action and write a brief reflection on how the three branches were involved in that action.
Standards Addressed:
- C3 Framework for Social Studies State Standards: D2.Civ.4.9-12 - Analyze how the values and principles of constitutional democracy are reflected in the U.S. system of government.
- National Council for the Social Studies (NCSS) Standard IV: Individual Development and Identity - Understand the role of government in the lives of individuals and groups.