Exploring Executive Orders: Legal Precedents and Challenges
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Exploring Executive Orders: Legal Precedents and Challenges

Grade 11HistorySocial Studies4 days
This project-based learning experience for 11th-grade history and social studies students focuses on exploring historical Executive Orders in the U.S. It aims to enhance students' understanding of presidential authority, the balance of power among government branches, and the legal challenges associated with executive directives. Through activities like role play, impact mapping, and courtroom reenactments, students analyze case studies and evaluate the socio-political impact of specific Executive Orders over time. The project's comprehensive rubric and reflective prompts ensure students can critically engage with primary and secondary sources while articulating the effects of these executive actions on American governance.
Executive OrdersPresidential PowerLegal ChallengesHistorical AnalysisBalance of PowersCase StudiesSocio-political Impact
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Inquiry Framework

Question Framework

Driving Question

The overarching question that guides the entire project.How can historical case studies of Executive Orders reveal changes in presidential power and their impact on the balance among branches of government?

Essential Questions

Supporting questions that break down major concepts.
  • What are Executive Orders and how have they historically been used by U.S. Presidents?
  • How do Executive Orders impact the balance of power among the three branches of the U.S. government?
  • What legal challenges have been raised against Executive Orders and how have courts ruled on these challenges?
  • In what ways have specific Executive Orders shaped American political, social, or economic landscapes?
  • How do different historical case studies of Executive Orders illustrate changes in presidential power over time?

Standards & Learning Goals

Learning Goals

By the end of this project, students will be able to:
  • Understand the concept and historical context of Executive Orders in the United States.
  • Analyze the impact of Executive Orders on the balance of power among the three branches of government historically and in contemporary contexts.
  • Evaluate legal challenges to Executive Orders and understand how they have been adjudicated in the courts.
  • Examine how specific Executive Orders have influenced U.S. political, social, and economic landscapes.
  • Illustrate changes in presidential power over time through historical case studies of specific Executive Orders.

Common Core Standards

CCSS.ELA-LITERACY.RH.11-12.1
Primary
Cite specific textual evidence to support analysis of primary and secondary sources, connecting insights gained from specific details to an understanding of the text as a whole.Reason: Analyzing historical Executive Orders requires examining primary and secondary sources to understand their context, implications, and significance.
CCSS.ELA-LITERACY.RH.11-12.9
Primary
Integrate information from diverse sources, both primary and secondary, into a coherent understanding of an idea or event, noting discrepancies among sources.Reason: Students will need to integrate information from historical documents and analyses to understand the historical impact and legal challenges of Executive Orders.
CCSS.ELA-LITERACY.WHST.11-12.9
Secondary
Draw evidence from informational texts to support analysis, reflection, and research.Reason: Students must draw from various informational texts to support their inquiries into the historical case studies of Executive Orders.

C3 Framework for Social Studies State Standards

D2.Civ.1.9-12
Primary
Distinguish the powers and responsibilities of local, state, tribal, national, and international civic and political institutions.Reason: Understanding the role and impact of Executive Orders in the context of US governance relates directly to identifying powers within political institutions.
D2.Civ.13.9-12
Primary
Evaluate public policies in terms of intended and unintended outcomes, and related consequences.Reason: Students evaluate the effects of Executive Orders, which are essentially public policies, to understand their broader impacts.

Entry Events

Events that will be used to introduce the project to students

Historical EO Mystery Challenge

Present students with a mysterious Executive Order from history without revealing its context or consequences. Provide them with clues to explore its background, challenge legal and ethical implications, and recreate the scenario's potential impact in today's society.

EO Impact Simulation

Simulate the drafting and signing of a historical Executive Order by recreating the political climate of that time. Students would assume roles of key players, such as politicians, activists, and citizens, to assess competing interests and predict potential outcomes.

Executive Order Detective

Students become historical detectives who must investigate a famous Executive Order by examining primary sources, such as letters, diaries, and government documents, to piece together its origins, challenges, and effects across different eras.
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Portfolio Activities

Portfolio Activities

These activities progressively build towards your learning goals, with each submission contributing to the student's final portfolio.
Activity 1

EO Historical Context Excavation

This activity invites students to explore the historical context of a chosen Executive Order by examining primary and secondary sources. They will identify the circumstances that led to its creation, the political climate, and any public reactions at the time.

Steps

Here is some basic scaffolding to help students complete the activity.
1. Select a significant Executive Order from history to investigate.
2. Collect primary and secondary sources related to the chosen Executive Order, including government documents, newspaper articles, and personal letters.
3. Analyze the gathered sources to understand the political, social, and economic context of the period.
4. Create a summary report detailing the findings on the historical context and presenting initial reactions and impacts of the Executive Order.

Final Product

What students will submit as the final product of the activityA detailed report summarizing the historical context, initial reactions, and impacts of the chosen Executive Order.

Alignment

How this activity aligns with the learning objectives & standardsAligns with CCSS.ELA-LITERACY.RH.11-12.1 by requiring students to cite textual evidence in their analysis of primary and secondary sources.
Activity 2

EO Impact Map Maker

In this activity, students will create a visual map that tracks the impacts and challenges of their Executive Order over time. They will investigate how the EO influenced political, social, and economic aspects and what legal challenges it faced.

Steps

Here is some basic scaffolding to help students complete the activity.
1. Research the short-term and long-term impacts of the Executive Order on U.S. governance and society.
2. Identify any legal challenges that the Executive Order faced and how the courts ruled on them.
3. Use information from multiple sources to create a visual impact map, showing how the EO’s influence spread over time.
4. Present the impact map in a class exhibition, explaining the EO’s significance and its evolution through history.

Final Product

What students will submit as the final product of the activityA comprehensive visual impact map that illustrates the trajectory and challenges of the Executive Order across time.

Alignment

How this activity aligns with the learning objectives & standardsCovers CCSS.ELA-LITERACY.RH.11-12.9 by integrating information from diverse sources into a coherent understanding of the Executive Order's impact.
Activity 3

EO Simulation Role Play

Students will participate in a simulation role play where they assume the roles of historical figures involved in the Executive Order’s creation, execution, and opposition. They will debate and defend their positions, considering the EO’s implications on the balance of powers.

Steps

Here is some basic scaffolding to help students complete the activity.
1. Research the key historical figures and stakeholders involved in the Executive Order’s development and execution.
2. Assign roles to students, including politicians, activists, and citizens from the era of the Executive Order.
3. Prepare arguments and positions based on historical evidence to represent the assigned roles.
4. Hold a simulated debate where students articulate and defend their perspectives, focusing on the EO’s implications on political power and public policy.

Final Product

What students will submit as the final product of the activityA role-play performance where students articulate and defend their roles’ perspectives concerning the Executive Order.

Alignment

How this activity aligns with the learning objectives & standardsAligns with D2.Civ.1.9-12 by helping students distinguish powers within political institutions and understand civic dynamics.
Activity 4

EO Challenge Courtroom Drama

In this activity, students reenact a courtroom drama regarding a legal challenge to the chosen Executive Order. They will analyze the legal arguments presented, the court's decision, and its implications on the interpretation of executive power.

Steps

Here is some basic scaffolding to help students complete the activity.
1. Research the specific legal challenge and court case related to the Executive Order.
2. Identify the main legal arguments from both sides and the basis for the court's ruling.
3. Assign roles for the courtroom drama, including judges, lawyers, and other relevant figures.
4. Reenact the court case, presenting arguments, defenses, and rulings in front of peers.

Final Product

What students will submit as the final product of the activityA reenacted courtroom drama showcasing the legal proceedings of a historical challenge to an Executive Order.

Alignment

How this activity aligns with the learning objectives & standardsCovers CCSS.ELA-LITERACY.WHST.11-12.9 by drawing evidence from informational texts to support research and analysis.
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Rubric & Reflection

Portfolio Rubric

Grading criteria for assessing the overall project portfolio

Historical EO Case Studies Rubric: Analyzing Executive Orders

Category 1

Research and Source Integration

Assesses students' abilities to collect, analyze, and integrate information from primary and secondary sources related to historical Executive Orders.
Criterion 1

Source Selection and Analysis

Evaluates the ability to select relevant and varied sources and critically analyze them for context and credibility.

Exemplary
4 Points

Effectively selects a wide range of relevant sources, demonstrating critical analysis and excellent contextual understanding of Executive Orders.

Proficient
3 Points

Selects appropriate sources and performs thorough analysis to understand Executive Orders' contexts and implications.

Developing
2 Points

Selects some relevant sources with basic analysis, showing emerging understanding of historical Eos.

Beginning
1 Points

Selects limited sources with minimal analysis, struggling to understand Executive Orders' contexts.

Criterion 2

Integration of Diverse Sources

Measures the ability to integrate information from multiple sources into a coherent analysis or narrative.

Exemplary
4 Points

Seamlessly integrates information from diverse sources, creating a coherent, compelling narrative of Executive Orders' impacts.

Proficient
3 Points

Effectively integrates diverse sources with a clear narrative, demonstrating thorough understanding of EO impacts.

Developing
2 Points

Integrates sources into a somewhat clear narrative, though some connections may be unclear or underdeveloped.

Beginning
1 Points

Struggles to integrate sources into a coherent narrative, lacking clarity and completeness.

Category 2

Critical Thinking and Argumentation

Evaluates the ability to critically engage with historical data and present informed arguments and evaluations.
Criterion 1

Critical Analysis of EO Impacts

Examines students' capacity to critically analyze the historical, political, and legal impacts of Executive Orders.

Exemplary
4 Points

Offers sophisticated analysis of EO impacts, showing depth of understanding and critical interrogation of historical contexts and outcomes.

Proficient
3 Points

Provides thorough analysis of EO impacts, demonstrating effective understanding of historical and legal contexts.

Developing
2 Points

Demonstrates basic analysis of EO impacts with emerging understanding of historical contexts.

Beginning
1 Points

Offers minimal analysis of EO impacts, showing limited understanding and critical engagement.

Criterion 2

Argument Development and Justification

Assesses students' abilities to develop and present coherent arguments, supported by evidence, about Executive Orders.

Exemplary
4 Points

Presents compelling, logically structured arguments with strong justifications and evidence for positions on Executive Orders.

Proficient
3 Points

Develops clear, justified arguments using appropriate evidence to support positions on Executive Orders.

Developing
2 Points

Develops arguments with some evidence and justification, though clarity and coherence may vary.

Beginning
1 Points

Struggles to present coherent arguments with sufficient evidence and justification.

Category 3

Collaboration and Presentation

Focuses on students' abilities to collaborate effectively and present their work in an engaging manner.
Criterion 1

Collaboration Effectiveness

Measures how well students work together to achieve learning goals, sharing responsibilities and ideas.

Exemplary
4 Points

Exhibits leadership and fosters a collaborative environment, effectively sharing ideas and responsibilities.

Proficient
3 Points

Works well with peers, contributing equitably to achieve group goals and share ideas.

Developing
2 Points

Participates in group activities with emerging teamwork skills, sometimes struggling to share ideas.

Beginning
1 Points

Shows limited participation in group activities and struggles to contribute ideas or share responsibilities.

Criterion 2

Presentation of Findings

Evaluates presentation skills in delivering findings, argumentation, and analysis to the class.

Exemplary
4 Points

Delivers findings with exceptional clarity and engagement, effectively using visual aids and clear communication.

Proficient
3 Points

Presents findings clearly with good use of visual aids and communication skills.

Developing
2 Points

Presents findings with basic clarity, though effectiveness and engagement may be inconsistent.

Beginning
1 Points

Struggles to present findings clearly, with limited use of visual aids and weak communication skills.

Reflection Prompts

End-of-project reflection questions to get students to think about their learning
Question 1

Reflect on what you have learned about the historical use and impact of Executive Orders in the U.S. How has your understanding of their role in the balance of powers evolved?

Text
Required
Question 2

On a scale of 1 to 5, how confident are you in explaining the key impacts of historical Executive Orders on American governance and society?

Scale
Optional
Question 3

Which primary or secondary source did you find most compelling or insightful in your study of Executive Orders, and why?

Text
Required
Question 4

Considering the activities and learnings in this module, what do you think are the most important skills or knowledge you’ve gained, and how might these apply to future studies or applications?

Multiple choice
Required
Options
Analyzing primary sources
Understanding legal and political processes
Evaluating historical impacts
Engaging in debates and discussions
Question 5

How effective were the simulated activities, such as the EO Simulation Role Play or EO Challenge Courtroom Drama, in helping you understand the complexities of Executive Orders?

Scale
Optional