Marbury v. Madison Emphatically (without a doubt; clearly); Province (responsibility)

Starter Judicial. Which branch of government has the power to declare acts of Congress unconstitutional?

Objective/Standard Students will be able to understand the case Marbury v. Madison and its effects. GC.17 - Assess and cite textual evidence to evaluate the effects of the United States Supreme Court’s interpretations of the Constitution in Marbury v. Madison…and the arguments espoused in the case.

Modeling: First, I would identify the symbols: Ask yourself what do the images represent? Read the title and any labels (this helps make the cartoon’s message clear) Ask: a) what do the football players represent; b) what do the referees represent? 2) Second, analyze the meaning or message of the cartoon. Put the symbols and messages together to determine the meaning. Consider how the cartoonist uses the images and symbols in the cartoon to express his/her opinion. Third, determine the main idea or message expressed in the cartoon.

Cartoon Questions and Answers 1) What three groups in government are represented in this image? Legislative, Executive, and Judicial branch. 2) What is represented by the writing on the backs of the players? The powers of the legislative and executive branches; Checks and Balances 3) What are the referees using as their rulebook? Constitution 4) What power did Marbury vs. Madison give the “referees,” which is not shown in the cartoon? Judicial Review

Judicial Review Judicial Review is the power of a court to determine the constitutionality of a government action.

Judicial Review Most courts can exercise judicial review. Judges, though, cannot rule against a legislative or executive action based on their own ideas of fairness or morality; they must decide constitutional issues based on whether or not the Constitution allows the action.

Handout Marbury v. Madison reading

Exit Ticket 1) Should the Supreme Court have the power to declare an act of Congress unconstitutional? Why or why not? 2) Explain why the power of judicial review is an important part of the system of checks and balances. 3) What is the most important legacy of Marbury v. Madison? 1) Yes, the Constitution is a set of basic principles, not a detailed list covering all situations. Someone must interpret and apply its meaning. The principles of separation of powers and checks and balances suggest that the interpreter should be a different branch from those that make and execute the laws. 2) The judicial branch can invalidate laws passed by Congress and executive orders or other acts of the executive branch. This power enables the courts to check the power of the legislative and executive branches. 3) The court established the power of judicial review

Video Marbury v. Madison