Are the Branches of Government Balanced?

An Opinion Performance Task

for 4th grade Civics
Written by:
Layla Cordwell
Red Clay Consolidated School District

Acknowledgements: Ms. Denise Weiner, Private Consultant in collaboration with the University of
Delawares Professional Development Center for Educators

This document may contain copyrighted material whose use has not been specifically authorized by the
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Student Directions
Task: Branches of Government Opinion Performance Task
Your class has been learning about the three branches of government. Your
teacher has asked you to research more about the powers within each branch of
government.
You have found three sources about this topic in the school library.
After you have looked at these sources, you will answer some questions about
them. Briefly scan the sources and the three questions that follow. Then, go
back and read the sources carefully so you will have the information you will
need to answer the questions and complete your research. You may use scratch
paper to take notes.
In Part 2, you will write an opinion paper using the information you have read.

Directions for Beginning:

You will now look at several sources. You can look at any of the sources as often
as you like.

Research Questions:
After reviewing the research sources, use the rest of the time in Part 1 to answer
three questions about them. Your answers to these questions will be scored.
Also, your answers will help you think about the information you have read, which
should help you write your opinion paper.
You may refer back to your scratch paper to review your notes when you think it
would be helpful. Answer the questions in the spaces below.
Your written notes will be available to you in Part 1 and Part 2 of the performance
task.

Part 1
Sources for Performance Task
Source #1 Branches of the Government (2015) retrieved from
http://video.about.com/usgovinfo/Branches-of-the-Government.htm

Source #1
The Three Branches of Government
The United States has three branches of government: the executive, the
legislative and the judicial. Each of these branches has an important role in the
function of the government, and they were established in Articles 1 (legislative), 2
(executive) and 3 (judicial) of the U.S. Constitution.
The Executive Branch
The executive branch consists of the president, vice president and 15 Cabinetlevel departments. The primary power of the executive branch rests with the
president, who chooses his vice president, and his Cabinet members. The
biggest responsibility of the executive branch is to ensure that laws are carried
out and enforced. Other responsibilities of the federal government are collecting
taxes, managing the military forces that keep us safe, and to take care of global
political and economic issues.
The Legislative Branch
The legislative branch consists of the Senate and the House of Representatives,
collectively known as the Congress. There are 100 senators; each state has two.
Each state has a different number of representatives, with the number
determined by the state's population. The legislative branch, as a whole, is in
charge of passing the nation's laws and providing assistance to the 50 U.S.
states.
The Judicial Branch
The judicial branch consists of the United States Supreme Court and lower
federal courts. Its primary function is to hear cases that challenge legislation or
require interpretation of that legislation. The U.S. Supreme Court has nine

Justices, who are chosen by the President, confirmed by the Senate, and have a
lifetime appointment.
Checks and Balances
Why are there three distinct branches of government, each with a different
function? The framers of the Constitution did not wish to return to the totalitarian*
system of governance imposed on colonial America by the British.
a totalitarian* system of government means that the government tries to uphold total control and
power over its peoples public and private life.

Branches of the Government (2015) retrieved from

http://video.about.com/usgovinfo/Branches-of-the-Government.htm

Source #2
Why Three Branches of Government?
written by by Lorenzo M. Vasquez III (2009)retrieved from
http://usgovinfo.about.com/od/usconstitution/a/branches.htm
Adapted by Layla Cordwell

Interaction of the Branches

The basis for the three branches of government in the U.S. is that the legislative,
judicial, and executive, would interact in a way that if one branch were to break
any of the rules set by the constitution the other branches would step in and
pronounce the act unconstitutional (Patterson, 2008). This is the system of
checks and balances.
Congress has the power to make and pass legislation (laws). The judicial
branch, Supreme Court, can read and analyze the laws passed by Congress. If
they disagree with the legislation then they can state that the law is
unconstitutional. They basically have the final say on whether or not a law is
constitutional. The executive branch, President, can also decide if laws passed
by congress are unconstitutional. The President has the power to veto such laws.
The Supreme Court has judicial power within its courts. The President has the
authority to appoint or hire the judges, analyze and interpret court decisions, and
pardon or excuse people convicted in the courts. Congress can rewrite laws
misinterpreted by the courts, and impeach federal judges. Congress can try as
well to establish amendments when it feels courts decisions are unconstitutional.
Congress can override presidential veto, impeach the president, and investigate
the presidents' doings. Congress can decide whether or not to pass laws and
provide money for presidential activities. The Supreme Court can state a
presidential deed unconstitutional when done without legislation (Patterson,
2008).
These are all examples of the interaction between the three branches of
government and how they check and balance one another.
Why Three Branches of Government, written by by Lorenzo M. Vasquez III
(2009)retrieved from http://usgovinfo.about.com/od/usconstitution/a/branches.htm
Adapted by Layla Cordwell

Source #3 The Judicial Branch: Too Much Power?

Written by Jason Maarshall (2013, February 14) Retrieved from
http://sites.psu.edu/jasonmarshall/2013/02/14/the-judicial-branch-too-much-power/
Adapted by Layla Cordwell

The Judicial Branch: Too Much Power?

Out of all the three branches of the federal government, the judicial branch is
often viewed as the most mysterious in the eyes of the people. Some even
believe that because of its secretive nature and ability to operate behind closed
doors, the judicial branch is the most powerful of the branches.
A system of checks and balances is supposed to be in place so that each branch
is regulated by the others in an effort to avoid an unequal division of power. Yet
somehow the judicial branch is still able to function without the approval or
supervision of either the executive or legislative branch. Meanwhile, there are
many well-documented cases of violations, fraud, abuse, and in turn, the very
foundations that declared the judicial system to be a fair negotiator are being
questioned.
So while the President and important members of Congress get more press
coverage and are probably invited out to dinner or to speak more often, the
federal judges are the ones with the last say on what the law actually means; and
they do not need legislative approval. And on top of this, the judges are not even
elected by the people directly; the President nominates individuals to become
justices. Once a justice takes office, they are guaranteed a spot on the bench for
life, regardless of the public opinion. This means that we have nine unelected
justices with no term limits and no direct accountability to the people of their
country.

Research Questions

1. Source #1 describes the duties of each branch of government and why

there are checks and balances. Explain how source #2 adds to the
readers understanding of the duties and interactions between the
branches. Give two details from source #2 to support your explanation.
2. All of the sources provide information about the system of checks and
balances within our government. Which source would most likely be
relevant to students determining which branch of government could
override a presidential veto. Justify and support your answer using two
details from the source.
3. Match each source with the idea or opinion that it supports. Some may
have more than one source selected.
Idea/Opinion
The reason for
checks and balances
was to avoid the
totalitarian system of
government
previously imposed
by the British.
The judicial branch
has the last say on
whether or not a law
is unconstitutional.

Source #1

Source #2

Source #3

Student Directions
Branches of Government Opinion Performance Task
Part 2
You will now review your notes and sources, and plan, draft, revise and edit your
writing. You may use your notes and go back to the sources. Now read your
assignment and the information about how your writing will be scored, then begin
your work.
Your Assignment
As a contribution to the student newspaper you decide to write an opinion essay
that addresses whether or not you feel the three branches of government are
equally balanced or if you feel one branch is more powerful. Your essay will be
featured as the headline article in the schools weekly newspaper.
In your essay, you will take a side as to whether you agree that the three
branches of government are equally balanced. Your paper will be read by your
classmates and their parents. Make sure you clearly state your opinion and write
several paragraphs supporting your opinion with reasons and details from the
sources.
Develop your ideas clearly and use your own words, except when quoting
directly from the sources. Be sure to reference the sources by title or number
when using details or facts directly from the sources.

REMEMBER: A well-written opinion paper

has a clear opinion

is well-organized and stays on the topic
has an introduction and conclusion
uses transitions
uses details or facts from the sources to support your opinion
puts the information from the sources in your own words, except when
using direct quotations from the sources
gives the title or number of the source for the details or facts you included
develops ideas clearly
uses clear language
follows rules of writing (spelling, punctuation, and grammar).

Now begin work on your opinion paper. Manage your time carefully so that
you can
1. plan your opinion paper
2. write your opinion paper
3. revise and edit the final draft of your opinion paper
[Word-processing tools and spell check are available to you. Might want to
replace with dictionaries and thesauri are available to you.]
For Part 2, you are being asked to write an opinion paper that is several
paragraphs long. Type your response in the box below. The box will get bigger
as you type.
Remember to check your notes and your pre-writing/planning as you write and
then revise and edit your opinion paper.