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Interpreting the Constitution: Whose Job is it Anyway?

Essential Question: 

  • How does the American system of government encourage and empower each branch to interpret the Constitution? 

Objectives: 

  • Students will explore case studies of each branch asserting its independent power to interpret the Constitution 
  • Students will understand how competing interpretations of the Constitution helps uphold the governing system 

Materials: 

Engage: 

  • Begin class by writing the definition of checks and balances on the board: “Constitutional powers are distributed among the branches of government allowing each to limit the application of power of the other branches and to prevent expansion of power of any branch.”  
  • Ask students to name a few examples of checks and balances within our constitutional system. Discuss the concept of deliberative government and how having a slow-moving system with branches not always working with each other is a feature, not a flaw, of our system.  Each branch is a separate entity that has its own unique powers. In order to effectively check other branches, each branch must interpret the Constitution to know what powers it has as well as to assert when it believes a different branch has stepped beyond its powers. 

Explore:  

  • Distribute the case studies and the graphic organizer. Have students complete the organizer as they read. 

Assess and Reflect 

  • Once students are finished reading, lead a class discussion on how they believe each case study demonstrated the system of checks and balances and how this helped support the constitutional system of government.  

Extend (Optional)  

  • Have students find their own historical example of a branch checking another by interpreting the Constitution to form an opinion on what powers each branch of government has. Have them write a short essay explaining the events that occurred, the constitutional power asserted, and how it helped maintain a system of where each branch balances another to keep power in check. Examples include:  
    • War Powers Act of 1973  
    • Marbury v. Madison (1803)  
    • Impeachment of President Andrew Johnson  
    • President Grover Cleveland’s Veto of the Texas Seed Bill  

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