The three branches: who makes, carries out and judges the laws
Grade 8 Social Studies Worksheet - Building Confidence

Circle the best answer.
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Who holds which power? (cards A to C). Card A, from the Constitution (National Archives transcription). Article I, Section 1: "All legislative Powers herein granted shall be vested in a Congress of the United States, which shall consist of a Senate and House of Representatives." Section 2 lists the seats for the first House "until such enumeration shall be made": "New Hampshire shall be entitled to chuse three, Massachusetts eight, Rhode-Island and Providence Plantations one, Connecticut five, New-York six, New Jersey four, Pennsylvania eight, Delaware one, Maryland six, Virginia ten, North Carolina five, South Carolina five, and Georgia three." Section 3: "The Senate of the United States shall be composed of two Senators from each State". Section 8 gives Congress the power "To constitute Tribunals inferior to the supreme Court". Article II, Section 1: "The executive Power shall be vested in a President of the United States of America." Section 3: "he shall take Care that the Laws be faithfully executed". Article III, Section 1: "The judicial Power of the United States, shall be vested in one supreme Court, and in such inferior Courts as the Congress may from time to time ordain and establish." Judges of both the supreme and inferior Courts "shall hold their Offices" while they keep good behavior (the Constitution spells that word with a British u). Card B, from the Supreme Court's own "Frequently Asked Questions" page: "The Constitution places the power to determine the number of Justices in the hands of Congress. The first Judiciary Act, passed in 1789, set the number of Justices at six, one Chief Justice and five Associates. Over the years Congress has passed various acts to change this number, fluctuating from a low of five to a high of ten. The Judiciary Act of 1869 fixed the number of Justices at nine and no subsequent change to the number of Justices has occurred." Card C, from the 2025 list of 128 civics questions published by U.S. Citizenship and Immigration Services (USCIS): to "How many U.S. senators are there?" the answer is "One hundred (100)". To "How many voting members are in the House of Representatives?" the answer is "Four hundred thirty-five (435)". To "How many seats are on the Supreme Court?" the answer is "Nine (9)".
Article III says Congress may "ordain and establish" inferior courts, and Article I lets it constitute tribunals below the supreme Court. What does that give Congress, Ari asks?
- Power to decide whether lower federal courts exist, shaping the judicial branch
- Power for the courts to decide whether Congress is allowed to meet in the capital each year
- Power to overrule the supreme Court whenever Congress disagrees with a ruling it made
- Power to name the judges of the lower courts without any role for the President
Card B: six justices in 1789 and nine since 1869. By what percent did the Court grow, Esme asks?
- 33 percent, because 3 more seats is one third of the 9 seats today
- 150 percent, because 9 is 1.5 times 6
- 50 percent, because 3 more seats were added to a base of 6
- 3 percent, because 3 seats were added to the Court
Card A lists seats for 13 states in the first House. How many seats is that in all, Jun asks?
- 56 seats
- 13 seats, one for each state in the list
- 65 seats, adding the thirteen numbers
- 26 seats, two for each of the thirteen states
Card B is published by the Supreme Court itself. What is it best evidence for, Luz asks?
- What the Constitution's writers privately wanted the size of the Court to be
- Whether the changes in the Court's size were fair to the justices
- How the Court's own page describes the changes in its size over time
- How the justices voted in the cases decided in 1789
Cards A and B explain why the Court's size changed between five and ten. Which link is best, Milo asks?
- The Constitution left the number to Congress, and Congress passed acts that changed it
- The Judiciary Act of 1869 came first, which caused the earlier changes in the Court's size
- The justices voted among themselves to change the number whenever they chose to
- The President set the number each year by sending an announcement to Congress
A student claims: "The President writes the laws." How strong is that claim given card A, Noah asks?
- Weak: Article I gives legislative powers to Congress; the President sees laws executed
- Weak: card A does not describe the President's duties anywhere in Article II
- Strong: the executive Power is vested in the President, and that includes making laws
- Strong: Article II says he shall take Care that the Laws be executed, so he drafts them too
Article III says judges "shall hold their Offices" while they keep good behavior. What does that tell a reader, Pia asks?
- Judges keep their offices as long as they behave properly; no fixed term is set
- Judges serve a four-year term and must then stand for election to win another term
- Judges may do anything they wish once they take the bench and cannot be removed
- Judges serve at the President's pleasure and can be removed whenever he requests it
How has the House changed between the list in card A and the answer in card C, Ren asks?
- It grew from 65 seats in the first list to 435 voting members
- It grew to 535 members when the 100 senators were added in
- It shrank from 435 seats to 65 as the states grew in number
- It stayed at 65 seats, because the Constitution fixed the number
Card A is a transcription of the Constitution as written in 1787. What is it best evidence for, Tala asks?
- What the original text says about each branch's powers
- How the branches actually work in practice today
- What the framers privately intended behind each clause
- How many people voted to approve the Constitution in each state
Card A gives each of 13 states two senators; card C says there are 100 senators now. About how many times as many senators are there now, Zee asks?
- About 3.8 times as many, since 100 divided by 26 is about 3.8
- About 0.26 times as many, dividing 26 by 100
- About 74 times as many, found by subtracting 26 from 100
- About 7.7 times as many, using 13 senators as the starting number