Constitution 101 Curriculum
Module 7: The Legislative Branch: How Congress Works
Overview
The Constitution grants Congress—our nation’s legislative branch—the power to make laws. The legislative branch is outlined in Article I of the Constitution. The Constitution divides Congress into two houses—the U.S. House of Representatives and the U.S. Senate. The House of Representatives is composed of representatives proportionate to each state’s population. At the same time, the Senate is organized under the principle of equal state representation—with each state, regardless of its population, receiving two Senators.
In this module, students will examine primary and secondary sources to learn about the legislative branch’s structure, functions, and powers as granted by the Constitution and defined by the courts over time. Students will also explore the legislative process and the role that civil dialogue and political compromise play in crafting national laws.
Learning Objectives
- Explain the Founders’ vision for Congress and explore the key debates and compromises at the Constitutional Convention.
- Describe the role that Congress plays in the national government.
- Identify the powers that the Constitution grants to Congress.
- Discuss how the Supreme Court has interpreted the powers of Congress over time.
- Compare the Founders’ vision for Congress with how Congress works in practice.
7.1 Activity: How does Congress Work?
Purpose
In this activity, you will explore how Congress works and learn about how the founders expected it to work. You will discuss the value of using a slow and deliberative process to make national laws. However, you will also debate the tradeoffs of this system.
Process
What is the first thing that comes to your mind when you hear the word Congress? Next, review the Visual Info Brief: Political Cartoon image and explain what the political cartoonist is trying to say about Congress. Finally, list three words or terms that you hear people say about Congress outside of this class. Think about the ways that the news portrays Congress.
After reviewing the image, answer the following questions:
- What is the cartoonist trying to say about Congress?
- List three action words that explain what you hear people saying about Congress.
Now, review the following quotes about Congress’s lawmaking process by a leading scholar of the founding era and of the constitutional thought of James Madison and Alexander Hamilton, Federalist No. 70
“Madison’s overall aim was not to stymie the will of the majority, but rather to place obstacles in the path of factions, including majority faction. At the same time, he sought to facilitate the development of a just majority, or in other words, the reason of the public. . . . Too swift and facile political communication allows the mere will of the majority, or sheer power, to rule in the regime. The slow, measured process of the communication of ideas, however, refines and modifies the will of the society, subjecting power to the test of right reason.”
- Colleen Sheehan Professor, School of Civic and Economic Thought and Leadership, Arizona State University
“The differences of opinion, and the jarrings of parties in [Congress], though they may sometimes obstruct salutary plans, yet often promote deliberation and circumspection, and serve to check excesses in the majority.”
Alexander Hamilton, Federalist No. 70
Reflect on the quotes and record your answers to the following questions:
- What is the scholar trying to say about Congress and the value of a demanding political process?
- List three ideas that explain how Congress is supposed to work.
Launch
Ask the students the first thing that comes to mind when they hear the word “Congress.” Write ideas on the board and note any patterns.
Give students time to analyze the political cartoon and as a group answer the guiding questions.
What is the cartoonist trying to say about Congress? The goal of this analysis is to address the impressions that students may already have—that Congress is dysfunctional, with a lot of partisan fights. The system can be nasty. It can be slow. Often, Congress struggles to get anything done—even when it seems to many Americans like there are serious problems worth addressing.
Then, you can pivot to the founders’ vision and the benefits of the system. Give students time to analyze the scholarly quotes about the value of a demanding political process and as a group answer the guiding questions.
The Colleen Sheehan quote is from the following article: A Madisonian Constitution for All.
Activity Synthesis
Now, share the following big idea: What if I told you that the founders wanted to slow down the political process in Congress? Discuss the idea of deliberation and the benefits and drawbacks of a slow process for making national laws. The goal is to get the students to see (and/or debate) the benefits of a slow, demanding process. When the process works, it is designed to promote deliberation, debate, compromise, and (ideally) better laws. However, the founders hoped that this demanding process would also ease public passions, curb bad laws, guard against government abuses, protect minority rights, and avoid government by faction (or, in today’s terms, parties).
- What are the benefits of a slow, deliberative process? Why do you think that the Founding generation designed it this way?
- What are the drawbacks of such a system?
- How can such a process benefit a growing (and diverse) society with different needs and viewpoints?
- What are some of the challenges of such a system in this context?
Activity Extension (optional)
Now that students have a better understanding of the debate, ask the following question:
- What are examples of the advantages and disadvantages of a slow lawmaking process?
7.2 Activity: Structure, Powers and Limits of Congress
Purpose
Article I establishes the national government’s legislative branch—Congress.
Article I is the longest part of the Constitution. That’s because the Founding generation expected Congress to be the most powerful—and most dangerous—branch of government. Article I also sets out the powers of Congress and lists certain limits to those powers.
In this activity, you will explore the structure, powers, and limits of Congress.
Process
As a group, read and review the Article I, Section 8 text, on the Powers of Congress from the Interactive Constitution. Then read the Common Interpretation essay Article I, Sec. 8: Federalism and the Scope of National Power by Randy Barnett and Heather Gerken and answer the questions in the Activity Guide: Powers and Structure of Congress worksheet.
Next, your group will then be assigned an additional Interactive Constitution Common Interpretation essay on Congress. Read the assigned essay and complete the final section of the Activity Guide: Powers and Structure of Congress worksheet for your group.
As a class, read the following article:
Then read the following sections:
- Group I: Article I, Section 1–Legislative Power
- Group 2: Article I, Section 2–U.S. House
- Group 3: Article I, Section 3–U.S. Senate
- Group 4: Article I, Section 4–Elections
- Group 5: Article I, Section 7–Lawmaking Process
When finished, work with your groups to create a class poster that shows how Congress works.
- Define the structure, powers, or limits on a Post-it note and add it to the correct circle.
- Add elements to the poster to support main ideas and contribute details, for example, drawings, videos, or QR codes.
- Add combination jobs to the center of the diagram.
Launch
Review the overall summary of how Congress works and the flow/process of its lawmaking functions.
- Role of Congress: Students define the role of Congress in the national government.
- Parts of Congress: Students define the different parts of Congress and their roles and authority.
- Defined Powers: Students list the powers of Congress and tag it as a role of the House, the Senate, or both. Include how Congress checks the other branches.
- Defined Limits: Students list the limits of Congress’s power. Also define the other branches that set those limits.
Split the class into groups and assign part(s) of Article I. Then, ask students to complete the Activity Guide: Powers and Structure of Congress worksheet for your assigned group.
Each group will contribute to a full class poster that shows how Congress works. The poster will be a large Venn diagram that will list structure, powers, and limits, and students will define the structure, power, or limit on a Post-it note and add it to the correct circle. Combination jobs will be added to the center.
Activity Synthesis
Have students explain their contribution to the poster and summarize how Congress works.
7.3 Video Activity: Powers of Congress
Purpose
In this activity, you will explore how Article I of the Constitution sets out the powers of Congress and also establishes limits on those powers. You will also explore how Supreme Court cases have interpreted those powers over time.
Process
Watch the following video about the powers of Congress.
Then, complete the Video Reflection: Powers of Congress worksheet.
Identify any areas that are unclear to you or where you would like further explanation. Be prepared to discuss your answers in a group and to ask your teacher any remaining questions.
Launch
Give students time to watch the video and complete the worksheet.
Hand out the Video Reflection: Powers of Congress worksheet and ask students to organize the decisions by the Supreme Court and the effects on congressional power over time.
Activity Synthesis
Have students share their responses with one or two students and then review as a class.
Activity Extension (optional)
Now that students have a better understanding of the powers of Congress, ask students to find a current news article about Congress.
7.4 Activity: Tests of Congressional Power
Purpose
In this activity, you will explore how various Supreme Court cases have interpreted the scope of congressional power in the Supreme Court’s own words. Examine these three cases to understand how the Court’s rulings shaped these powers over time.
Process
Work in your group to review one of the following cases:
- Primary Source: McCulloch v. Maryland (1819)
- Primary Source: Wickard v. Filburn (1942)
- Primary Source: United States v. Lopez (1995)
After you review the case brief, complete the Case Brief: Tests of Congressional Power worksheet.
After you have completed the worksheet, create a podcast (3-5 minutes) with your group covering the following topics:
- What is the main topic of the case?
- What is the constitutional question in the case?
- Tell us what happened and who are the people in the case.
- How did it affect the powers of Congress back then and today?
Launch
Divide class into three groups and assign a case to each group to review and answer the questions in the worksheet. Then, the group will create a podcast about their case.
Looking for some support on how to do a podcast in class? Check out this list of helpful websites to support this fun and educational learning experience for your students.
- Hello Teacher Lady
- New York Times: Project Audio
- Reading Rockets: Creating Podcasts with Your Students
Activity Synthesis
Have students share their podcast recordings with the rest of the class.
Activity Extension (optional)
Now that students have a better understanding of current court cases, ask the following question:
- The Supreme Court has trimmed back a bit on the powers of Congress. Do you think that is a good thing or bad thing?
7.5 Activity: How a Bill Becomes a Law
Purpose
The role of a member of Congress is to craft laws that are consistent with the Constitution and that promote the common good. However, the Constitution itself lays out a demanding process—one that slows politics down, promotes deliberation and debate, and (often) requires compromise. In this activity, you will explore what the Constitution says about how Congress works and get to experience how a bill becomes a law and more importantly how to build consensus.
Process
You are a U.S. senator. Work with your team to complete the Activity Guide: Building Consensus worksheet.
After you write your law, you can begin to work with other teams to persuade, re-write, and compromise to make a law that is consistent with the Constitution and works for the entire country.
Launch
Break students into groups that represent regions of the United States. Each team will represent a different region (NE, SE, NW, SW, etc.) and their interests, but all groups will be given the same topic to address in a new law. Provide details on how each step of the process works from the Activity Guide. Depending on how much time you have in class, have students brainstorm national issues and pick from the list they develop. Some issues for students to consider are education, taxes, the economy, national security, health care, immigration, the environment, guns, and crime.
A key to productive consensus building is building norms and civil dialogue practices in your classroom. For more information on these classroom tools check out the Civil Dialogue Toolkit.
Activity Synthesis
Have students share their thoughts on engaging in the process of writing a new law. Which parts were the most frustrating? Which parts were most satisfying? How does the system compare to the founders’ vision?
Activity Extension (optional)
Now that students have a better understanding of how to create a new law, have them read the article, Political Polarization Killed the Filibuster and answer the following questions:
- What are the benefits of having a filibuster? What are the drawbacks?
- What would be the implications of removing the filibuster?
7.6 Test Your Knowledge
Purpose
Congratulations for completing the activities in this module! Now it’s time to apply what you have learned about the basic ideas and concepts covered.
Process
Complete the questions in the following quiz to test your knowledge.
Launch
This activity will help students determine their overall understanding of module concepts. It is recommended that questions are completed electronically so immediate feedback is provided, but a downloadable copy of the questions (with answer key) is also available.
Up Next
Module 8: The Presidency and Executive Power
Article II of the Constitution establishes the executive branch of the national government, headed by a single President. Article II outlines the method for electing the President, the scope of the President’s powers and duties, and the process of removing one from office. The President’s primary responsibility is to carry out the executive branch’s core function—namely, enforcing the nation’s laws. From the debates over how to structure the Presidency at the Constitutional Convention to modern debates over executive orders, this module will explore the im...
