Title: The President and Domestic Policy: Case Study on Immigration
12th grade AP Government (90 min. lesson)
VSOL Standards Addressed:
GOVT.1 The student will demonstrate mastery of the social studies skills responsible
citizenship requires, including the ability to
a) analyze primary and secondary sources
e) evaluate information for accuracy, separating fact from opinion
g) select and defend positions in writing, discussion, and debate
GOVT.7 The student will demonstrate knowledge of the organization and powers of the
national government by
b) analyzing the relationship among the three branches in a system of checks and balances
Content Summary/Issue: Domestic policy refers to the decisions, laws and programs
made by the government related to issues with the country. Some examples of domestic
issues include: civil rights, education reform, transportation projects, Social Security, and
healthcare, but for this class the focus is on immigration. The President serves as the chief
legislator/policy maker, and his role in this capacity has expanded over time since FDR.
The reality of federal government with three branches is that there can be situations of
divided government between Congress and the President. There are definitely pros and
cons to this, but most Americans prefer a divided government. Although there are checks
on the President’s, with the modern presidency today, the President appears to have
overpowered Congress, specifically through the President’s informal powers of executive
orders, executive agreements and signing statements. This lesson looks at President
Obama’s executive order on immigration to see whether or not President Obama exceeded
his power.
Objectives
Students will understand that….
- with great power comes great responsibility
Students will know…
- the role the President plays as chief policy maker
- the power struggle between Congress and the President for shaping domestic
- background of President Obama’s executive order on immigration
- arguments on both sides, reflecting on the executive order
Students will be able to…
- explain how the President’s role as chief policy maker has changed over time
- explain why the modern President appears to have overpowered Congress with his
legislative influence/power
- evaluate both sides of the debate on President Obama’s immigration executive order
Assessment
-
Homework from night before- Current Event Analysis for both articles- students will
need to identify the writer’s political bias and main arguments (formative) (TURN
IN)
T/P/S for political satire videos (formative)
Structured Academic Controversy- Students will become experts on one side of the
argument, pick out the evidence and then write out a reflection on their own
personal opinion (formative) (TURN IN)
Materials
-
Projector/laptop
Current Event Analysis From (they get this class before for Homework)
Structured Academic Controversy Handout
The President and Domestic Policy Notes Handout
Procedure:
Agenda
1. Review/Overview (5 min)
2. Political Satire: SNL’s “Obama’s Anti-Depressant Ad” (5 min)
3. Lecture Notes (30 min)
4. Political Satire: SNL’s Schoolhouse Rock Immigration Bill (5 min)
5. Structured Academic Controversy: Did President Obama’s executive order on immigrations
exceed his authority as president? (45 min)
1. Review/Overview
- Students turn in current event analysis homework as they walk in. I provided them
the forms and copies of the articles last class. Make sure you keep your copies of the
articles because you will need them for the discussion but I want your current event
analysis forms!
o http://www.huffingtonpost.com/deborah-weinstein/president-obamaacts-to-r_b_6198766.html
o
http://www.weeklystandard.com/blogs/prospect-real-immigrationsolution-dimmed-president-s-unilateral-action_820252.html?page=1
- Ask what we talked about last class- President and Foreign Policy
- We've talked a lot about how the President’s power has increased over time since
the time of FDR. Why do you think that is?
- We’ll continue that conversation today and look at how the President’s role in
domestic policy has changed over time and how he kind of has an edge over
Congress, just like in foreign policy. We’ll be looking at Obama’s recent executive
immigration order one executive order on immigration to look at that balance of
power between Congress and the President in shaping/establishing domestic policy.
2. Political Satire: SNL’s “Obama Anti-Depressant Ad”
- To get started we’re going to watch a video from SNL back in November 2013
- Show video
-
Think/Pair/Share- What is this saying about the role the President has in shaping
Domestic Policy? What are some challenges he faces?
3. Lecture Notes
**Since this was designed for an AP class, the focus of this lesson is really on the structured
academic controversy during the latter half of this class. To save time, I gave them a printout of the overview notes about the president and domestic policy where I walked through
some big points, asked questions, and provided historical/current examples. I by no
means, plan on reading through this whole thing to them out loud. Below you will bind the
lecture notes, with my examples, questions in red.**
BIG PICTURE: For the sake of time so we can spend more time on the discussion later, I’ve
provided you all with copies of the notes on the President and domestic policy. I’ll be keying in
on some big points, provide additional examples and ask you all some questions. Be sure to
write down additional examples that I provide you with to help you remember. The big
picture I want you all to keep in the back of your minds as we talk through this is the balance
of power between the President and Congress. How much power/influence should the
President really have? Where do we draw the line? What has necessitated this increase in
power?
I. Domestic Policy
A. Definition - decisions, laws and programs made by the government related to issues within the
country
B. Examples: civil rights, education reform, transportation projects, Social Security, Medicare,
Medicaid)
What are some other examples of domestic policy issues that you have heard about besides these?
II. The President as Policy Maker
A. FDR sent his 1st legislative package (New Deal- What were some initiatives/programs that were
aprt of the New Deal?, previously one idea at a time) to Cong., breaking traditional model of law
making
1. President claimed a leadership role in the legislative process
2. “It is the duty of the President to propose and it is the privilege of the Congress to
dispose.”
B. Now the president executes the laws, he and aids suggest them too
C. Conventional wisdom: most Democratic Presidents since FDR have shared this expansionist
view while many Republicans see Congress as the leader.
1. Dems: LBJ and Great Society (What was the Great Society? efforts to end poverty, racial
injustice), Clinton and Healthcare; but, what about Obama?
2. Reps: Eisenhower, Bush 41 (domestic policy- ADA, Clean Air); but what about Nixon,
Reagan, and GWB?
3. The Reality: on balance, modern presidents, regardless of party, take a more
expansionist view of
domestic policy
- push hard especially during the first year- Why do you think that is?
D. The public now looks to the President to set legislative and policy agenda: Obama and healthcare
reform?
E. State of the Union Address - President sets agenda, but still must get a member of HOR or Senate
to write and
sponsor bill
F. In essence, Congress has delegated much of its Constitutional power to President
III. The Political Reality of Divided Government
A. Divided Government – situation in which one party controls the White House and another party
controls one or both houses of
Congress
B. Statistically Speaking – divided government has been more of the norm since 1955 (1955-2014
(last 59 years)
1. Unified government = 20 years (Dem control = 16 years; Rep control = 8 years)
2. Divided government = 39 years
C. Problems with divided government? Separation of powers gone awry; conventional wisdom is
that really true?
D. Why do the American people seem to prefer divided government i.e. what’s the benefits?
1. A check on power – prevents the concentration of power as the 2 parties serve as watchdogs
over the other. (concern after Watergate especially)
2. Statistically, the economy grows at a higher rated during divided government-argument that
sensible solutions are the ones that get partisan support, when one party has control of both,
more likely to throw common sense aside to reward friends and punish enemies- good
example Clinton and Gingrach
3. Since both parties are held responsible for government, they are more likely to compromise
(examples: welfare reform and budget surpluses during the Clinton administration with a
Rep Congress; No Child Left Behind)
III. Congress v. The President: Modern Presidency Appears to have Overpowered Congress
A. Veto overrides: only 4% of vetoed bills get overridden by 2/3 majority from both houses
1. threat of veto: Cong. writes bill differently- why?
2. Exceptions: War Powers Resolution (Nixon), partial birth abortion ban (Clinton), marriage
tax (Clinton- veto did work)
B. Presidents Informal Powers Considerable:
1) Executive Orders – Carry the force of law without Congressional approval. Implications for
Congress? How did this play out with immigration? With both houses of Congress GOP, do you
think Obama will do this more?
2) Executive Agreements – Used in foreign policy only, trade agreements that do not require
Senate ratification
>>> Implications for Congress?
- Obama ex. US-Afg Strategic Partnership Agreement 2012- framework for our future relationship Pres.
Karzai
3) Presidential Signing Statements - a written comment issued by a President at the time of
signing legislation.
 The more controversial statements involve claims by presidents that they believe some
part of the legislation is unconstitutional and therefore they intend to ignore it or to
implement it only in ways they believe is constitutional.
 James Monroe first President to use signing statements, but most Presidents including
Obama have issued them
 GWB controversial: ex: Signing Statement for Detainee Treatment Act of 2005- doesn’t
apply to enemy combatants- terrorists
 BHO controversial- Bowe Bergdahl’s release- current law obama signed said that defense
secretary must notivy relevant congressional committees at least 30 days before
transferring anyone from GITMO to make sure that person beling release would not pose
a threat to US. Obama didn’t send notice to Capitol hill until 2 days AFTER these 5
detainees were sent to Qatar where they will live for at least the next year- circumstances
POTUS hasn’t explained publically. His signing statement declared that he thought this
requirement was potentially unconstitutional
C. Economic Policy
1. Congress as Constitutional power of the purse- What does that mean?
2. Budget - prior to 1920, President had no role; now President authors the budget >>> Office of
Management and Budget (OMB), Council of Economic Advisors (CEA), Secretary of
Treasury
3. 1974 - Cong. fights back to restore some of its power w/ the Congressional Budget Office
(CBO)
D. Checks on Presidential Power:
1) President not always successful in getting their agenda through Congress: Ex JFK and Civil
Rights; Clinton &
Healthcare; GWB Social Security reform; Obama and gun control,
immigration reform?
2) Congress can pass laws limiting Presidential power: War Powers Resolution (WPR)- Was this
effective?
3) Impeachment: the ultimate check on presidential power
 High standard: “Treason, bribery or other high crimes and misdemeanors” ~ Art. IIWho has been impeached? GOP trying to impeach Obama- do they have grounds for
this?
 House: conducts investigation, must bring articles of impeachment against pres. (simple
majority)
 Senate: conducts trial w/ Chief Justice presiding, must vote for conviction in each
article??? (2/3 vote)
 Used sparingly: 1) Andrew Johnson (1868) 2) Bill Clinton (1998); Nixon resigned
imminent threat of impeachment (1974)
4) The Supreme Court intervenes sparingly through judicial review
 US v. Nixon (1973) – President cannot claim unlimited executive privilege, context
Watergate
 Clinton v. NYC (1998) – Line-item veto unconstitutional
o Line item veto- authorizes the POTUS to reject particular provisions of a bill
without vetoing entire bill- what’s the problem with that?, prior to this Clinton
had used this on the federal budget 82 times
o Legislation that has passed both houses of Congress must be either entirely
approved or rejected, POTUS can’t “amend” the law
Hamdan v. Rumsfeld (2005) – GWB military commissions violate Constitution and international law
4. Political Satire: SNL’s Schoolhouse Rock Immigration Bill
- This video aired about a month ago on SNL. How many of you have seen
Schoolhouse Rock’s “I’m Just a Bill?” Well this is a spoof off of that.
- Show video
- Think/Pair/Share- What is this saying about Obama’s bill?
5. Structured Academic Controversy: Did President Obama’s executive order on
immigrations exceed his authority as president?
-
Explain what we’re doing- You all are going to be getting in to groups of 4 to do a
mini debate based on the two editorials you read last night for homework. In you
-
homework, you should have identified what the political bias of each of the authors
and outlined the main arguments for each. I have collected your homework, but you
all should have brought in copies of the article to reference in your discussion.
Within your group of 4, 2 of you will be on the same side and argue that Yes,
President Obama exceeded his authority as President (Stelzer article), and the other
2 of you will argue that no President Obama did not exceed his authority as
president.
Before I go over the directions, I’m going to walk around the room and put you into
groups of 4 (I’ll model what I want their desks to look like- in a square with each
side facing each other)
Walk through directions for discussion (they have these on handout)”
Steps:
I. Partners Prepare
a. Find evidence from the article to support your assigned position and write them down in
the chart.
II. Position Presentation
a. Side A presents their position using supporting evidence from the articles. Side B should
be writing down the evidence that Side A is presenting to them.
b. Side B restates what they have heard and written down to Side A’s satisfaction.
c. Side B presents their position using supporting evidence from the articles. Side A should
be writing down the evidence that Side B is presenting to them.
d. Side A restates what they have heard and written down to Side B’s satisfaction.
III. Share your Opinion
a. Abandon roles.
b. All four of you should discuss together your personal opinions on the question. See if
your group can come to a consensus on where you stand. Be sure to reference specific
evidence from the articles in your discussion.
- ***Reiterate that for the position presentation, they should be using evidence from
their article, NOT other sources. For the share your opinion, when they abandon
their roles, they may pull in additional information/arguments besides these two
articles
- When you’re done discussing, be sure to fill out personal reflection, on bottom of the
sheet (Were you able to reach a consensus in your group? If so, what was the
position you all agreed on and why? If not, what was the barrier to you reaching a
consensus on the question?) and then turn it in
- Give them time cues throughout, leaving last 5 minutes to have them turn in their
handout and bring it all back to the big picture, hear if groups came to a consensus
or not