Above the Law
How has executive power been shaped by rule of law in America?
In this lesson, students examine how the rule of law and the principle of limited government shape and constrain executive power in the United States. Through analysis of the Declaration of Independence, constitutional principles, and landmark Supreme Court cases, students investigate how presidential authority has been expanded, challenged, and restricted throughout American history. Students apply their understanding through legal reasoning, collaborative discussion, and a moot court activity focused on contemporary questions about executive power and constitutional limits
Objectives:
- Students will be able to define the rule of law, limited government, executive privilege, separation of powers, and protection of minority rights
- Students will be able to identify references to the rule of law in the Declaration of Independence
- Students will identify specific Constitutional powers of the president
- Students will learn and teach their peers a Supreme Court case relating to executive power and the rule of law
- Students will evaluate historically when executive powers been restricted and when they have been supported through Supreme Court rulings
- Students will read a current Supreme Court case focused on executive power and participate in a mini-moot court activity as lawyers and judges debating both sides of the case
Assessment:
- Student reflection on decisions and legal patterns relating to Limited Government Jigsaw
- Students will choose to either write a proposed constitutional amendment outlining limits on executive power or will write a ruling for the Trump v. Slaughter court case
Resources
Download Lesson
DownloadFeatured Lesson Plans
An Unfinished Promise
In this lesson, students will first explore three primary sources that help students think about what the founding generation thought about the idea and ideal of equality. Students engage in inquiry by using the text of the primary sources to generate an answer to the first compelling question. Students then use evidence and reasoning to support their claim. In the second part of the lesson, students investigate additional primary sources to see how the ideals of human equality in the Declaration of Independence have inspired change throughout American history.
Power of One
This lesson explores ways in which people can engage in civic renewal beyond voting. Students will analyze a photo of a protest, and then read and analyze case studies about kids making a difference through non-voting civic renewal initiatives. As part of their case study analysis, students will learn and apply the definitions of “top down” and “bottom up” approaches to civic action. As tweens and young teens are legally unable to vote, the ultimate goal of this lesson is to showcase inspiring examples of civic renewal that did not involve the power of voting.
Washington’s Legacy
In this lesson students will examine the foreign policy advice of President George Washington and then evaluate the policies for four other US presidents to analyze if they followed his advice.