Marbury v Madison What is the role of the Supreme Court regarding laws passed by Congress” How did John Marshall’s decision in Marbury v Madison help establish the Supreme Court’s power? Why is the establishment of Judicial Review so important for the future of the US? – Learning objectives- Students will be able to explain the role of the Supreme Court in interpreting the Constitution, the significance of Marbury v. Madison, identify the concept of judicial review and explain how Marbury solidified it, and explain the relationship between the Supreme Court and laws passed by Congress and state legislatures. Students will demonstrate these objectives through a 3 paragraph essay.

Supreme Court- 3 rd branch of government, make sure laws are fair (at first weakest branch) John Marshall- Chief Justice of S.C., Federalist Think about how long Supreme Court Justices keep their position? – Justices serve for life (Marshall served for 34 years) – His decisions help create a strong Federal Gov. and make the S.C. equal in power to Legislative and Executive branch Marbury v. Madison- Pres. Adams right before leaving office appoints a number of Federalist judges to lower court, paperwork is delayed, Dem/Rep claim that late work is unacceptable and will not accept new justices, William Marbury sues Sec. of State James Madison demanding his appointment to be a judge be accepted – “Judicial Review”- states that the S.C. has final say on laws (Marbury is the first time an act of Congress was deemed unconstitutional) ?Dem/ Republicans believed that who should have final say on laws? Dem/Rep. afraid of strong central Gov. and believe states should have final say

Step 1- What does Article III say? Read and annotate the Document on Article III of the Constitution – Highlight underline key points in Section2.1/3, – parenthesize the mose important part of Sec2.1 Discuss with your group and answer the questions on your handout – What is the job of the Supreme Court as described in Article III? – Is there any indication in this section that the Supreme court has the right to determine whether laws are “unconstitutional?” (Use a part of the doc. as evidence?) – Is there any reference to the term judicial review? Explain – Does article III establish the limits on the courts power? (Use part of the doc. As evidence) What is the role of the Supreme Court regarding laws passed by Congress”

Step 2: Marbury v Madison Read and annotate the Document Activity Two: Marbury v Madison – Number the Paragraphs – Highlight document – Circle these terms and the sentence following the term Judiciary Act 1800 William Marbury Writ of mandamus Madison (Paragraph 3) Judiciary Act of 1789 (Note “exceeded the authority”) Twentieth Century – parenthesize the 2 most important parts of the text Discuss with your group and answer the questions on your handout

Activity 2 Questions to answer What was William Marbury’s Complaint? What did Marbury hope to achieve by suing Sec. of State Madison? Who “won” the casae? What did the decision say about the role of the Supreme Court?

Important Supreme Court Decisions in the 20 th Century (Civil Rights) Brown vs. Board of Education (1954)- ended segregation in schools (1 st step to ending segregation in US) Loving v. Virginia (1966), the Court struck down state laws which prohibited inter-racial marriage and held that marriage was a fundamental right. Jones v. Alfred H. Mayer Co. (1968), the Court held that the Civil Rights Act of 1866 bans racial discrimination in housing by private, as well as governmental, housing providers. Bragdon v. Abbott (1998) was the first Americans with Disabilities Act (ADA) case to make its way to the Court, which held, among other things, that HIV-positive individuals are protected under the Americans with Disability Act. Obergefell v. Hodges (2015), the Court struck down state bans on same-sex marriage, thereby granting the constitutional right to marry to LGBT Americans throughout the country. – Analyze why the concept of Judicial Review was so important to the defendants in these cases (pick one/two) Laws were created and/or the Government was doing little to nothing to protect the rights of these people, In an election each one of these groups would have lost a popular vote The Supreme Court has the power to allow a small group of objective people to make a an informed decision to protect the rights of an oppressed group, not an uninformed, biased electorate

Step #3 John Marshall’s Opinion Part 1 What is the relationship of the Constitution to ordinary laws? Number the paragraphs Read the document and highlight underlined parts that you most understand – read the whole document, – focus on underlined parts, – highlight to help understand Discuss with group and explain Marshall’s point of view by answering questions on Page 3 of the graphic organizer handout.

Step #4- Part II Marshall’s Opinion What is the job of the supreme court in cases where a law passes by Congress violates a part of the Constitution? Number the paragraphs Read the document and highlight underlined parts that you most understand – read the whole document, – focus on underlined parts, – highlight to help understand Discuss with group and explain Marshall’s point of view by answering questions for Second Excerpt.

Historical Skill- Contextualization Historical thinking involves the ability to connect historical developments to specific circumstances in time and place (Marbury v Madison), and to broader regional, national or global processes (impact and influence of judicial review). What needs to be included in each essay – Thesis- answer the question (don’t repeat the question- 1point) – Outside Information- use evidence to support your argument and 2 points (use a cluster with OI and explanation tied to the argument) – Application of Historical Skill (Contextualization) explain the effect of the piece of evidence you are using that caused Americans to rebel (concluding sentence in every paragraph and/or 2 nd explanation sentence) 2 points – Synthesis (conclusion)- relate the thesis/argument of the paper to another event or theme in US history not associated with the essay topic (20 th Century Court Cases) 1 point

Assessment- Using the documents, questions you just answered, and your discussion with teammates… write a 3 paragraph essay answering the following questions… Paragraph #1- 2 sentences – Explain the context (what was the role of the Supreme Court as written in Article III, Legislative view of the Supreme Court) – importance of Marbury (thesis) Paragraph #2- Explain… Start with an argument sentence on Judicial Branch – the role of the Supreme Court in interpreting the Constitution Summarize Part 2 Paragraph 4,5,6) add 1 sentence explaining how the summary answers the question – the concept of Judicial Review ( Summarize Part 2 Paragraph 1,2,3 or summarize Doc Marbury v Madison Paragraph 4 add 1 sentence explaining how the summary answers the question – how Marbury solidified it summarize Part 1 Paragraph 4,5,6 add 1 sentence explaining how the summary answers the question Paragraph #3- – Predict the system of Government that would have evolved had Marbury v Madison not been decided as it was – Summarize Doc Marbury v Madison Paragaph 5 – Synthesis- use court cases from the 20 th Century to discuss how the SC has used it’s power recently, compare that to how the legislative branch/sates/voters would have looked at the issue differently)