Instead of placing authority in the hands of one person, like a king, or even a small group of people, the U.S. Constitution divides power. Power is first divided between the national, or federal government, and the state and local government under a system known as Federalism. At the federal level, the Constitution again divides power between the three major branches of our federal government: the legislative, the executive, and the judicial. Discover the battles of the branches in the National Constitution Center’s learning module.
Congress and the Legislative Branch: Lesson Plans & Resources
This Share My Lesson collection provides free lesson plans and resources to support teachers in educating students about the legislative branch of Congress. Students will learn about the powers of Congress and state legislatures, how those powers have been used or changed over time, and what issues face Congress today.
Article I: The Legislative Branch
The power to make laws in our country falls in the hands of the Legislative Branch. The branch is outlined in Article I of the Constitution. The Legislative Branch is divided into two houses of Congress. The House of Representatives is made up of representatives proportionate to their state’s population while each state maintains equal representation in the Senate. Learn all about Article I in the National Constitution Center’s learning module.
Federal Courts in History: United States v. Nixon
Dealing with the principle of separation of powers, this lesson focuses on the question of whether or not the Constitution’s separation of powers intended to create an absolute executive privilege.
Starter Kit: Federalism Podcast
A tug of war, a balancing act, two dancers dragging each other across the floor. This is the perpetual ebb and flow of power between the states and the federal government. How can things be legal in a state but illegal nationally? Are states obstinate barricades to federal legislation? Or are they laboratories of democracy?
This short episode includes a one-page Graphic Organizer for students to take notes on while listening, as well as discussion questions on the back side.
Constitutional Index – Amendment 10 Powers Not Delegated Clause
The Constitutional Index breaks down the U.S. Constitution by Section, Amendment, and Clause and contains broader topics and themes. These are used to cross-reference Library resources in an effort to annotate constitutional history.
Arizona Legislature v. Arizona Independent Redistricting Commission (2015)
Did Proposition 106 violate the Elections Clause of the US Constitution by removing congressional districting power from the state legislature? The case summary provides the facts, and the Supreme Court’s answer to this question.
The Constitution in Action – State Challenges to Federal Authority: The Kentucky and Virginia Resolutions
Students in this simulation, as Republican members of the Kentucky and Virginia legislatures in 1798 and 1799, consider how they will oppose the Alien and Sedition Acts. Students will then act as members of other state legislatures and consider how to respond to Kentucky and Virginia. By engaging in this historical moment, students will wrestle with the ongoing tension between the Article VI, Clause 2, of the Constitution, which establishes the federal government as the “supreme Law of the Land,” and the Tenth Amendment, which reserves powers “not delegated to the United States” to the states or the people.
James Madison Lesson 2: The Second National Bank—Powers Not Specified in the Constitution
In this lesson, students examine the First and Second National Banks and whether or not such a bank’s powers are constitutional or unconstitutional.
How should the Constitution be applied to situations not specified in the text? How can balance be achieved between the power of the states and that of the federal government? How can a balance of power be achieved among the three branches of the federal government? In this lesson, Madison’s words will help students understand the constitutional issues involved in some controversies that arose during Madison’s presidency.
James Madison Lesson 3: Raising an Army: Balancing the Power of the States and the Federal Government
Not everyone in the U.S. supported the War of 1812. What events during Madison’s presidency raised constitutional questions? What were the constitutional issues? Where did Madison stand?