Civics & Government · 9th Grade

Active learning ideas

Presidential Power in Times of Crisis

Active learning works for this topic because presidential power in crises is abstract until students confront real cases where rights, law, and politics collide. By analyzing decisions, debating trade-offs, and role-playing perspectives, students move from memorizing facts to weighing constitutional principles in action.

• Common Core State Standards
• C3: D2.Civ.1.9-12
• C3: D2.Civ.13.9-12

• 35–50 min
• Pairs → Whole Class
• 4 activities

Activity 01

• Case Study Analysis
• 50 min · Small Groups

Case Study Analysis: Emergency Powers Across Three Crises

Small groups each analyze one historical crisis (Civil War, World War II, post-9/11) focusing on: What power did the president claim? What constitutional basis was cited? How did Congress respond? How did courts rule? How did history ultimately judge the action? Groups report findings and the class builds a comparison matrix to identify patterns across eras.

Analyze how presidential power tends to expand during times of crisis.

Facilitation Tip

For Case Study: Emergency Powers Across Three Crises, assign each group one crisis and require them to cite at least one primary source and one constitutional limitation in their presentation.

What to look for

Pose the question: 'When, if ever, is it acceptable for a president to act unilaterally during a national crisis?' Facilitate a debate where students must cite specific historical examples and constitutional principles to support their arguments.

• Analyze
• Evaluate
• Create
• Decision-Making
• Self-Management

Activity 02

• Structured Academic Controversy
• 45 min · Small Groups

Structured Academic Controversy: Security vs. Liberty

Present the claim: "During a national emergency, the government is justified in restricting civil liberties that would be protected in ordinary times." Half the class argues yes; the other half argues no -- then groups switch positions. After the structured exchange, each student writes a personal position statement that accounts for the strongest counterarguments they encountered.

Evaluate the constitutional limits on executive action during emergencies.

Facilitation Tip

During Structured Academic Controversy, assign roles explicitly and rotate speakers so every student must articulate both security and liberty arguments before switching sides.

What to look for

Ask students to write down one historical instance where presidential power expanded during a crisis. Then, have them list one potential benefit and one potential risk of such an expansion for civil liberties.

• Analyze
• Evaluate
• Create
• Social Awareness
• Relationship Skills

Activity 03

• Fishbowl Discussion
• 40 min · Whole Class

Fishbowl Discussion: Rights That Should Never Bend

The inner circle debates: "Are there constitutional rights that should remain absolutely protected, even in the most severe national emergency?" Students must name the right, explain why it should be absolute, and respond to a challenge scenario. The outer circle maps the rights nominated and the arguments for and against. The debrief identifies where the class finds consensus and where genuine disagreement persists.

Justify the balance between national security and civil liberties in wartime.

Facilitation Tip

In Fishbowl: Rights That Should Never Bend, push quieter students by calling on them by name after two minutes of silence among the inner circle to ensure equitable participation.

What to look for

Present students with a brief hypothetical crisis scenario (e.g., a widespread cyberattack on critical infrastructure). Ask them to identify one specific executive action a president might take and one constitutional check or balance that could limit that action.

• Analyze
• Evaluate
• Social Awareness
• Self-Awareness

Activity 04

• Case Study Analysis
• 35 min · Pairs

Document Analysis: Youngstown and Boumediene

Pairs read brief summaries of two key Supreme Court cases limiting emergency executive power. For each case, students diagram the constitutional argument: What did the president claim? What standard did the Court apply? What precedent did the ruling establish? After sharing, the class discusses what these cases reveal about the role of courts when other branches defer to the executive during emergencies.

Analyze how presidential power tends to expand during times of crisis.

Facilitation Tip

For Document Analysis: Youngstown and Boumediene, have students annotate the majority and dissenting opinions side-by-side before synthesizing differences in a one-page reflection.

What to look for

Pose the question: 'When, if ever, is it acceptable for a president to act unilaterally during a national crisis?' Facilitate a debate where students must cite specific historical examples and constitutional principles to support their arguments.

• Analyze
• Evaluate
• Create
• Decision-Making
• Self-Management

A few notes on teaching this unit

Teachers approach this topic by making constitutional law feel like a live negotiation rather than a settled doctrine. Avoid presenting the Court as a monolith; instead, show how judicial deference shifts with the crisis and public mood. Research shows students grasp emergency powers better when they trace the ratchet effect through multiple cases and see how statutes like the PATRIOT Act endure after the emergency fades.

Successful learning looks like students distinguishing between temporary expansions of power and permanent erosions of rights, citing specific constitutional clauses and court cases, and explaining why some emergencies leave deeper institutional scars than others. Evidence should come from documents, not assumptions.

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Watch Out for These Misconceptions

• During Case Study: Emergency Powers Across Three Crises, some students may claim presidents can do anything during a declared national emergency.

  During Case Study: Emergency Powers Across Three Crises, point students to the constitutional limits listed in each case packet: suspension of habeas corpus, Fourth Amendment searches, Fifth Amendment due process. Ask them to highlight which rights were at stake and whether Congress or courts pushed back.

• During Structured Academic Controversy: Security vs. Liberty, students often assume the Supreme Court always defers to the president during national emergencies.

  During Structured Academic Controversy, assign one group to research Youngstown Sheet & Tube Co. v. Sawyer and another to research Boumediene v. Bush. Have them present the Court’s reasoning in each case and explain when the Court said no, using direct quotes from the majority opinions.

• During Fishbowl: Rights That Should Never Bend, students may believe emergency powers automatically return to normal when the emergency ends.

  During Fishbowl, reference the historical examples in the case studies (e.g., surveillance programs post-9/11, Japanese American internment camps) and ask students to explain why expanded powers often persist. Have them cite the 'ratchet effect' when they claim it was reversed.

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Methods used in this brief

• Case Study Analysis
• Structured Academic Controversy
• Fishbowl Discussion