Scholar Exchange: Battles of the Branches (Separation of Powers)
Class Outline and Worksheet
Scholar Exchange: Battles of the Branches (Separation of Powers)
Class Outline and Worksheet
OVERVIEW
Part I: Definition of Separation of Powers and Checks and Balances. Separation of powers is the division or the splitting
of power between the three branches of the federal or national government (Legislative, the Executive and the Judicial).
It is based off of the principle or goal that no one branch should improperly take power from another branch. Checks
and Balances, broadly defined, is the mixing of powers such that one branch can check the others from getting too
powerful and centralizing authority in a single branch.
Part II: Founding Story: The Framers took the idea of “separation of powers” and “checks and balances” from
Enlightenment political theory, but devised a new system in which the branches were meant to compete with each
other to ensure no one branch became too powerful.
Part III: The Jackson Bank Veto: The fight of the National Bank was a battle of the branches over which branch decided
whether federal acts were constitutional.
Part IV: Modern battles of the branches: Modern fights over agencies, the spending power, and investigations of the
President tell us about how the constitutional system of “separation of powers” and “checks and balances” works today.
QUESTIONS TO CONSIDER
 How and why do we see a battle between the branches?
 Did the Constitution set-up this battle on purpose, and if so why?
 What is “separation of powers?”
 How does separation of powers limit the three branches of government today?
 What are “checks and balances,” and how are they different than (or how to they work together with)
“separation of powers” in our constitutional system?
 What are the most pressing questions about separation of powers and checks and balances in 2020?
PART I: Definition of Separation of Powers and Checks and Balances
Structural Constitution
Where can the idea of Separation of Powers be found in the Constitution?
Basic structure of Constitution: Article I vests “all legislative powers herein granted” in Congress, Article II vests “the
executive power” of the government in the President, and Article III vests “the judicial power” of the United States in a
Supreme Court and in the inferior courts Congress establishes.
Scholar Exchange: Battles of the Branches (Separation of Powers)
Class Outline and Worksheet
Why does the Constitution have Checks and Balances?
Big Takeaway: The Constitution distributes political power between three branches of government. The legislative
branch—Congress—makes the laws. The executive branch—led by the President—enforces the laws. And the judicial
branch—headed by the Supreme Court—interprets the laws. Furthermore, through its system of checks and balances,
the Constitution grants each branch of government powers to check abuses by the other branches
NOTES:
PART II: FOUNDING STORIES
Influence on the Founders
Who or what influenced the Founders’ ideas
of government and separation of powers?
Montesquieu Locke State Constitutions -
Why did the delegates to the Constitutional
Convention think that separation of powers
was needed?
Name one key member of the Convention and
how they made an impact.
NOTES:
Scholar Exchange: Battles of the Branches (Separation of Powers)
Class Outline and Worksheet
PART III: JACKSON BANK VETO (MARBURY V. MADISION 1803)
What does Marbury v. Madison establish? (Think about the power of the Supreme Court)
How did Jackson push back against the Supreme Court?
NOTES:
PART IV: MODERN BATTLES OF THE BRANCHES
IN CLASS OR EXTRA CREDIT
What is the “Sick Chickens” case?
A.L.A. Schechter Poultry Corp. v. U.S. (1935)
Provide details about the Steel Seizure case.
Youngstown Sheet & Tube Co. v. Sawyer (1952)
Discuss a recent case about Separation of
Powers.
Big Takeaway from Class: The Constitution distributes political power between three branches of government. The
legislative branch—Congress—makes the laws. The executive branch—led by the President—enforces the laws. And the
judicial branch—headed by the Supreme Court—interprets the laws. Furthermore, through its system of checks and
balances, the Constitution grants each branch of government powers to check abuses by the other branches.