Why Does Congress Work That Way?

 

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Overview

In this lesson students will examine Article 1 of the U.S. Constitution and analyze how the Constitution defines the powers of Congress. Students will consider how people think Congress should work and evaluate how effectively the legislative branch of the government is serving the purposes for which it was created.

 

Grade Levels

9 – 12

 

Objectives

Students will:

• explain how the U.S. Constitution defines the powers of Congress; and
• evaluate the strengths and weaknesses of the legislative process in the United States.

Estimated Time

2 days

 

Materials Needed

• Interactive Learning Module: Dynamic Legislative Process
• Internet-enabled computer with Macromedia FLASH ® installed
• Projection device
• One copy of the U.S. Constitution per student
• Resources about the organization of Congress (indicated below)

Procedure

Day 1

1. Have students read Article I, Sections 7 and 8 of the U.S. Constitution. Tell students that this section of the Constitution comprises the major list of Congress's "enumerated powers" — or powers given to the government by the terms of the Constitution. Have students take turns reading aloud the enumerated powers one more time. Then ask students to think of examples of laws directly related to these powers or instances when the government has exercised these powers. (Students might cite examples such as recent government actions taken related to piracies of cruise ships or copyright laws that protect authors or musicians.)
2. If students have access to a computer lab or other similar arrangement, have them access "The Reach of Congressional Power" at http://www.law.umkc.edu/faculty/projects/ftrials/conlaw/congpowers.htm. This resource provides an in-depth look at the powers granted to Congress and lists a series of questions appropriate for class discussion.
3. For some perspective on how several of the key decisions of the U.S. Supreme Court have influenced defining the powers of the Congress have students access and read the following case summaries. (If students don't have access to an Internet-enabled computer during the class period, provide them with copies of the case summaries.)
   • Gibbons v. Ogden (http://www.oyez.org/cases/1792-1850/1824/1824_0/)
   • McCulloch v. Maryland (http://www.oyez.org/cases/1792-1850/1819/1819_0/)
   • Marbury v. Madison (http://www.oyez.org/cases/1792-1850/1803/1803_0/)
4. Provide students with background material on the issue of "signing statements," which has become quite controversial in recent history, and the cloture rule and its impact on the work of Congress. Use the Congressional Research Service report on Presidential Signing Statements (report http://www.fas.org/sgp/crs/natsec/RL33667.pdf) to find background information on the subject. Use the Congressional Research Service report, which examines the cloture rule, filibusters, and general rules of debate in the Senate (http://www.senate.gov/reference/resources/pdf/RL30360.pdf).
5. Ask students to respond to these questions with a paragraph for each answer that states their position and key rationale.
   • Should the Congress decide what the Constitution means or does not mean when there is a dispute as to its meaning?
   • Has the "necessary and proper clause" been defined so broadly by the Supreme Court that Congress can virtually do whatever it wants?
   • Has the "commerce clause" been interpreted too broadly, allowing the Federal government to interfere in state issues which should be the province of the states only?
   • Is the President interfering with the power of the legislative branch to pass laws, and acting unconstitutionally, when he issues signing statements which are attached to laws passed by Congress and signed by him?
   • Is the cloture rule a protection or an obstacle?



Use adequate class time to share and discuss student responses to the questions.

Day 2

1. Have students read the articles on the legislative process from the Web sites listed below. If some students do not have access to a computer, provide copies of the readings.
   • http://www.house.gov/house/Tying_it_all.shtml
   • http://www.centeroncongress.org/backgrounders/the_legislative_process.php
2. In a class discussion focus on students' perceptions of the strengths and limitations of the legislative process based both on their reading and on their opinions. Their opinions may be biased or based on misinformation, but they are perceptions which will need to be acknowledged and addressed.
3. As a class, work through the "Public Criticisms" section of the Interactive Learning Module: Dynamic Legislative Process. Either provide copies of the responses to the criticisms to each student or take the time to allow students to take notes focusing on the key points of the respondent. Also include Congressman Hamilton's comments describing how changes in the legislative process in the recent past have created significant tradeoffs (detailed at the end of the section of the module on the actual legislative process—the Dynamic Legislative Process. Watch through the module or click on the tiny dot in the top right corner of the window.)
4. Identify the key criticisms from the "Public Criticisms" section and Congressman Hamilton's comments. Divide students into groups with no more than three students in each group. Assign one criticism and response for each group (for the Congressman's criticisms, a response is missing and will have to be developed by the students assigned to it). Ask students to write the criticism across the top of a sheet of paper and then make two columns on the sheet, one labeled "Pro" and the other, "Con." Instruct students to list in the first column evidence or arguments supporting the criticisms and in the second column evidence or arguments against the criticism. After students have completed the assignment, have them summarize their work in a short oral presentation.
5. Hold a culminating discussion which focuses on how the legislative branch of our U.S. government could become more effective—and, equally important, what the trade-offs would be if it became more effective.

 

Assessment

Basic Concepts and Processes

Ask your students to respond to the following requests for information and assess their knowledge of key concepts taught in this lesson.

1. Explain how the Constitution defines the legislative role of Congress.
2. Respond to at least one criticism that people have about Congress.

 

Lesson Plan Feedback

If you have suggestions for improving this lesson plan, or if you have ideas for others using the module, please let us know. We value your input. Thank you!

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