Separation of Powers / Checks and Balances CE.6b

The powers of the national government are separated among three branches of the government in ways that limit any one branch from abusing its power.

Separation of Powers The Constitution of the United States in Articles I, II, and III defines the powers of the legislative, executive, and judicial branches of the national government

Checks and Balances Each of the three branches of the national government limits the exercise of power by the other two branches

The Legislative Branch The Congress checks the President when legislators: Override presidential vetoes Impeach and convict a president The Congress checks the courts when legislators: Confirm or refuse to confirm federal judges / justices Impeach and convict judges / justices

The president checks Congress when the president: The Executive Branch The president checks Congress when the president: Proposes legislation Prepares an annual budget for Congress to approve Call special sessions of Congress Vetoes legislation Congress has passed The president checks the courts when the president: Nominates judges / justices

Declare acts of Congress to be unconstitutional The Judicial Branch The courts check Congress when judges / justices: Declare acts of Congress to be unconstitutional The courts check the president when judges / justices: Declares executive actions to be unconstitutional

Supreme Court Hearing: Prep The Supreme Court is going to be hearing new cases this year - we’re going to host our own!

How it works in real life (simple terms): The Court is present with all possible filed cases. They then choose (decide) what they actually hear. Each side (for and against) gets 30- minutes to argue their side, then the Justices deliberate and write their decisions, in the summer, with the opposing judges writing a dissent

How it works in the classroom: We will be holding our own Supreme Court hearings in class (but with a one page speech and near immediate response)

The following are current 2017 - 2018 cases to be ruled upon in June 2018: (9) Minnesota Voters v. Mansky: Political apparel at the polls and free speech Collins v. Virginia: Search warrants for a motorcycle under a tarp Carpenter v. United States: Warrants and cell phone records Byrd vs. United States: Rental cars and law-breaking Husted v. A. Philip. Randolph Institute: Unregistering voters for not voting Currier v. Virginia: Separating charges and double jeopardy Texas v. New Mexico and Colorado: Groundwater disputes United States v. Microsoft Corporation: Warrants and e-mails Washington v. United States: Fishing rights and treaties with American Indians

Presentation Day Each group will have a spokesperson to read a speech written by the group (approximately 1 page single spaced). Classmates will take turns serving as the Justices. While others observe. At the end of the arguments, the Justices will go into the hallway and discuss. They will be given index card to write their reasoning on bullet points. Any Justices who dissent will work together on bullet points to explain why they dissent. In the meantime, in the classroom we will set up the next arguments and reflect. Then the Justices will come and read their answers and dissents (30 seconds) and the next group will present.

You may use https://www.oyez.org/cases/2017 to start your research Resources to use You may use https://www.oyez.org/cases/2017 to start your research

Petitioner – person presenting the case Helpful words to know Petitioner – person presenting the case Respondent – person listening and responding