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Use and Limitation of Executive Orders

Lesson Author
Harrel, Courtney
Course(s)
20th Century American History
Required Time Frame
1-2 class periods
Subject(s)
Three Branches Of Government
Grade Level(s)
9
10
11
12
Lesson Abstract
Students will be comparing a) FDR and Truman’s use of executive orders and b) the Supreme Court’s decisions on those executive orders.
Description

 

  • Students will be comparing a) FDR and Truman’s use of executive orders and b) the Supreme Court’s decisions on those executive orders.
  • Students will have independent reading of primary sources as well as cooperative learning.
Rationale (why are you doing this?)

Students should be able to identify the use of executive orders for different purposes (national security - collective good) and the possible checks the judicial branch has on those powers. 

 

Lesson Objectives - the student will
  • identify an executive order
  • compare the uses of executive orders
  • explain checks on the executive by the judicial branch
  • assess the impact of government on the people 
District, state, or national performance and knowledge standards/goals/skills met
  • 9-12.AH.1.PC.A  A. Using a United States’ historical lens, describe how peoples’ perspectives shaped the sources/artifacts they created.
  • 9-12.AH.2.EC.D  D. Analyze the developing interconnectedness among people, big business, labor unions and governments to determine their effect on individuals, society, and public policy.
  • 9-12.AH.5.GS.B  B. Determine the lasting impact of shifting interpretations of governmental and constitutional principles including separation of powers, checks and balances, rule of law, judicial review, and limited government.
Secondary materials (book, article, video documentary, etc.) needed

Ted Talk Video: Executive Orders

Summary of Korematsu v. US (1944) or Video

Summary of Steel Crisis or video

 

Primary sources needed (document, photograph, artifact, diary or letter, audio or visual recording, etc.) needed

Executive Order 9066

Executive Order 10340

Technology Required

(Teacher): play the video explaining how an executive order works

(Students): read Executive Order 9066 and complete a SWOT in groups

Teacher: provide guiding questions and review SWOT

(Students): read Executive Order 10340 and complete a SWOT in groups

Teacher: provide guiding questions and review SWOT

(Teacher): play the court summary in Korematsu or have students read the summary

Why did the court uphold the executive order

(Teacher): play the court summary in Youngstown Sheet or have students read the summary

Why did the court fail to uphold the executive order

(Students): Create a Venn Diagram comparing the uses and limitations of executive orders by FDR and Truman

What led to different holdings?

How did “war” impact the use of presidential powers?

(Students): Independently answer critical thinking questions

What allows presidents use executive orders?

How can executive orders affect the public? (Identify two positive and two negative consequences)

What impact does the public have on presidential and judicial decisions?

Identify two ways that presidential powers are limited.

Would the current court allow these two executive orders today? Explain what differences if any. If there are no differences, explain why.

Fully describe the activity or assignment in detail. What will both the teacher and the students do?

 

 

Assessment: fully explain the assessment method in detail or create and attach a scoring guide

Students will answer the critical thinking questions for assessment.

To earn full points, student answers should:

Met

Progressing

Not Met

Accurate and relevant answers are provided

Explanation and constitutional clauses are referenced

Answers are present, but have minor issues in accuracy or relevance

Explanation is present, but doesn’t reference constitutional clauses

Answers are missing or factually inaccurate 

Missing explanation 

Name: __________________________________________ Date: __________

Executive Orders & Supreme Court (FDR & Truman) Block: _________

 

FDR: Executive Order 9066

 

Strengths 




 

Weaknesses

Opportunities





 

Threats 


 

Truman: Executive Order 10340

 

Strengths 




 

Weaknesses

Opportunities





 

Threats 

 

Critical Thinking Questions:

  1. What allows presidents use executive orders?

  2. How can executive orders affect the public? (Identify two positive and two negative consequences) 

  3. What impact does the public have on presidential and judicial decisions?

  4. Identify two ways that presidential powers are limited. 

  5. Would the current court allow these two executive orders today? Explain what differences if any. If there are no differences, explain why.