Lesson
The Balance of Power between the Legislative and Executive Branches

The constitutional principles of the American Founding that guided American politics before the Civil War were increasingly altered as a new approach to governance become predominant in the early twentieth century. The rise of an administrative state centralized more power in the hands of federal agencies in the executive branch and blurred the relationship of the branches of government and their respective constitutional powers. Even though the Constitution specifically granted authority to Congress to regulate interstate commerce in its enumerated powers in Article I, Section 8, Congress increasingly delegated that authority to the executive branch.
Founding Principles
Limited Government, Representative / Republican Government, Separation of Powers, Checks and Balances
Objectives
- Students will evaluate how the growth of an administrative state in the United States has affected constitutional principles.
- Students will evaluate the shift of power from the legislative to executive branch in the nineteenth and twentieth centuries.
- Students will analyze legislation to determine the ways in which it may have increased executive power and will understand the effects of such policies.
Materials
Student Handouts
- Handout A: Background Essay – The Balance of Power between the Legislative and Executive Branches
- Handout B: Excerpts from the Interstate Commerce Act of 1887
- Handout C: Excerpts from the Agricultural Adjustment Act of 1933
- Handout D: Excerpts from the National Industrial Recovery Act of 1933
- Handout E: Excerpts from the Economic Opportunity Act of 1964
- Handout F: Comparing Legislation Graphic Organizer
Teacher Resources
Lesson Components

Lesson plan
70 minClick a phase to open it
Key Terms
- Administrative state
- Agricultural Adjustment Act of 1933
- Apothegm
- Bureaucracy
- Clayton Antitrust Act of 1914






