War and Constitutional Separation of Powers
Guiding Question
- How should the war powers be shared among the three branches of government?
Objectives
- Students will understand the struggle during the Civil War between Lincoln and the Supreme Court over habeas corpus.
- Students will examine the struggle over war powers between Harry Truman and the Supreme Court during the Korean War.
- Students will discuss conflicts related to the war powers during the War on Terror.
- checks and balances
- habeas corpus
- ex parte
- due process
- unreasonable search and seizure
- statute
- executive order
- Al-Qaeda
- military tribunal
- Guantanamo Bay
Students need to be familiar with the concept of checks and balances prior to engaging with this lesson.
Ask students to do a short free-write addressing the following question: What should be done if an elected official tries to do something that exceeds the power granted to that office?
Have the students share their answers with a partner.
Ask students to share what they already know about checks and balances in a whole-class discussion. Make a chart on the board including student examples, adding more where needed.
War and the Constitutional Separation of Powers Activity: Lincoln and Habeas Corpus in the Civil War
Have students work in pairs, small groups, or as a large group to read Handout A: Lincoln and Habeas Corpus in the Civil War, including passages from the U.S. Constitution and memoranda from President Abraham Lincoln in order to evaluate Lincoln’s actions and attitudes in suspending habeas corpus.
War and the Constitutional Separation of Powers Activity: Ex Parte Merryman
Using Handout B: Chief Justice Taney and the Merryman Ruling, have students work in small groups to evaluate the reasoning Taney applied in deciding this case related to Lincoln’s suspension of habeas corpus in the Civil War.
War and the Constitutional Separation of Powers Activity: Youngstown Sheet & Tube Co. et al. v. Sawyer
Using Handout C: Youngstown Ruling and Separation of Powers, students trace and evaluate the reasoning of both sides in the Youngstown Sheet & Tube Co. case regarding the president’s wartime powers to seize private property.
War and the Constitutional Separation of Powers Activity: War on Terror and Separation of Powers
Using Handout D: The War on Terror and Separation of Powers, students will summarize the Supreme Court’s decisions and reasoning in modern cases regarding the constitutional rights afforded to suspected terrorists in the War on Terror.
Return to the big ideas of checks and balances and shared powers. As an exit ticket, as students to respond to one of the questions:
- Which branch of government do you think is most likely to attempt to exceed its constitutional powers? Why?
- Which check do you think is most important? Why?
- Do you think the people ever serve as a check on the government? How?
Have students research another area besides the war powers where there has been a conflict over the proper balance of power between the branches. Students should look at the issue, how it was resolved, and whether they believe checks and balances worked properly.
