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Understanding the Limited Power of the Executive Branch in the U.S. Constitution

When the U.S. Constitution was drafted, the framers recognized the need to balance power among the three branches of government. The Executive Branch, headed by the President, was intentionally designed to be the weakest to prevent the rise of tyranny and the abuse of power. The framers feared that without these limitations, a strong executive could lead to despotism, infringe on individual liberties, and undermine the democratic principles established by the Constitution. This foundational principle ensures a government by the people and for the people.

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Understanding the Limited Power of the Executive Branch in the U.S. Constitution

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  1. Call to Order

    When the Constitution was first written, the Executive Branch was the weakest of the three branches of government. Why was important for them to make sure that the President’s power was limited? What were they afraid of happening if it wasn’t?
  2. Let’s take a look at the Homework Questions That Need Answers: What military powers does the Constitution give the Congress? What military powers does the Constitution give the President? What are the advantages of having military power split between two branches? 4. What was the purpose of the War Powers Act? 5. Choose one of the following principles (separation of powers, majority rule, checks and balances) and explain how the War Powers Act is an example of that principle.
  3. Today’s Objective: Students will be able to explainhow executive orders and the war powers act impact the powers of the President by: Completing Cornell Notes Examining examples of Executive Orders Completing a Quiz
  4. First, let’s make sure we have this in our notes… The President can still respond to an immediate threat to protect citizens, but can’t just use the military however he wants.
  5. As you might guess, being the President is a stressful job. There’s a lot to worry about. What do you mean unemployment is up in Baltimore again?!?! North Korea has nukes?!?! How many aliens are we hiding in Area 51?
  6. Bill Clinton at start of term
  7. Bill Clinton during term
  8. Going Gray!
  9. George Bush at start of term
  10. George Bush during term
  11. Going Gray!
  12. Barack Obama at start of term
  13. Barack Obama during term
  14. This is only after 2 years! It’s a stressful job… let’s see why.
  15. After September 11… The United States went to war in Afghanistan to catch the people who planned the attack (al-Qaeda).
  16. Guantanamo Bay, Cuba Many of the people we captured in Afghanistan we moved to a military prison in Cuba.
  17. Oh, what to do with these suspected terrorists??? Some people from the U.S. Army “interrogated” some of them in order to get information. Many were held for years without a trial.
  18. Remember how we said the media and groups can influence lawmakers? Link Amnesty International Waterboarding Ad here Some groups didn’t think that these were “Interrogations”. They thought it was torture.
  19. GUANTANAMO CLOSED Obama ordered the closing of this facility on his third day as President with an Executive Order
  20. What is an Executive Order? [Get this into your notes…]
  21. How do executive orders work? Executive orders are justlikelaws. If you disobey them you can go to jail.
  22. How do executive orders work? I thought that only Congress Could Make Laws?!?! Well, you’re right, but technically, Executive Orders aren’t laws! Executive orders do not have to be approved by Congress.
  23. When can Executive Orders be used? An executive order can be issued as long as.. It does not violate the Constitution. Only gives instructions to those people who work for the President.
  24. What can Congress do if it disagrees? He tried to do WHAT?!?! Congress can pass a new law that reverses the President’s order.
  25. Bonus Question What do you think the President would most likely do with a bill that reverses his executive order? VETO
  26. Can He Do That? YES President Truman signs an executive order that integrates the U.S. Army.
  27. Can He Do That? NO President Truman signs an executive order that integrates all restaurants in Maryland?
  28. Can He Do That? NO President Roosevelt signs an executive order that prohibits discrimination by retail stores like Wal-Mart.
  29. Can He Do That? YES President Roosevelt signs an executive order prohibiting discrimination by those who build weapons for the US army and navy.
  30. Let’s take a look at a few ways that Presidents have used Executive Orders to promote equality and protect citizens in the past…
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