Procedures

• WARM-UP:

  Before beginning class, have the students answer the following questions as a warm-up.

  • What are the three branches of government and what are their primary functions?

  • What is the process for making laws?

• INTRODUCTION:

  Review the answers with the students and ensure that they have a working understanding of the three branches of government, their functions and the lawmaking process.

  As an introduction, have the students define the following terms in their own words.

  • Agency

  • Bureaucracy

  • Delegation

  • Executive Order

  • Regulation

• EXPLORATION:

  Have the students view the following video clips and complete the chart linked below. Students can also answer the questions associated with each video clip to guide their viewing.

  HANDOUT: Policymaking and the Branches of Government (Google Doc)

  For each branch of government, students should take notes on:

  • Ways of Developing Policy

  • Reasons for/Benefits of this Branch Creating Policy

  • Obstacles and Drawbacks for this Branch Creating Policy

• Video Clip 1: Policymaking by the Three Branches- Sen. Ben Sasse (R-NE) (6:35)

  • How does the legislative branch create public policy?

  • What does Sen. Sasse mean when he says that the "legislature is supposed to be controversial, noisy and sometimes rowdy?" How does this benefit the policymaking process?

  • How does the policymaking in Congress give the people more say in the process?

  • How do the laws that Congress writes allow for agencies and the bureaucracy to create and influence policy?

  • What are the reasons for Congress creating these vague laws?

  • Based on Sen. Sasse's description, how does the Supreme Court influence public policy?

• Video Clip 2: The Use of Executive Orders and Regulation to Enact Policy (2:54)

  • How has the way that we enact policy changed over the last 20 years?

  • According to Mr. Gibson, why is effecting change through debate and legislation preferred?

  • What are the consequences of effecting change through executive orders and regulations? What problems does this cause?

  • How does the process of making laws bring us together as a country?

• Video Clip 3: Rulemaking by Administrative Agencies (2:31)

  • What reasons are given for administrative agencies developing rules?

  • According to Mr. Wallison, what are the dangers of using administrative agencies to enact policy?

• Video Clip 4: Justice Breyer on Courts Creating Law (2:59)

  • What is the role of the Supreme Court?

  • How does Justice Breyer's story exemplify the role of a judge?

  • How is the act of a judge creating a new legal interpretation similar to making law or public policy? How is it different from making law or public policy?

• APPLICATION:

  Based on the notes from the video clips, address the following question either through a written response or another activity found on C-SPAN's Classroom Deliberation site.

  • Is the current system of policymaking by the three branches of government an effective way of creating policy?

• CONCLUSION:

  As an exit slip, have the students respond to the following questions in 1-3 sentences.

  • How is public policymaking a responsibility shared by all three branches of government?

• EXTENSION/ALTERNATIVE ACTIVITIES:

  Policymaking Memes- Develop a meme that reflects one of the branches' ability to influence public policy. Be prepared to explain how your meme relates to that branches' policymaking ability.

  Public Policymaking Flowchart- Create a flowchart that illustrates the different ways that each branch influences and creates public policy. Include graphics or pictures that represent each branch and the actions that they can take.

• ADDITIONAL PROMPTS:

  • Does the current system of policymaking by the three branches of government align with the separation of powers established by the Constitution?

  • What are the consequences of the current ways that the branches of government share policymaking authorities?

  • Which branch of government has the most influence on public policymaking?

  • To what extent is the will of the people reflected in the public policymaking process?

  • Based on Senator Sasse's statement, what actions can the legislative branch take to reclaim policymaking authorities?