MARBURY V. MADISONGeorge Smith

ITAHJune 20, 2011

STANDARD: 11.1.3Understand the history of the Constitution

after 1787 with emphasis on federal versus state authority and growing democratization.

OBJECTIVES

To list the central issues in Marbury v. Madison and the significance of the Supreme Court’s ruling.

To explain how Marbury v. Madison became the basis for judicial review in the American political system.

Language Objectives

Language Learners will be able to define the following terms:

SignificanceAmerican political systemCentral issuesFederal authority

What do I know about president Adams?What were the Alien and Sedition Acts?What were the differences between the Federalists and the Democrat-Republicans?

Vocabulary!

Judicial reviewOpinionPartisan politicsFederalistsDemocrat-Republicans“midnight justices”

Group Vocabulary Report

In class groups define and explain the significance of each of the three vocabularyterms assigned to the group.

Choose a group spokesperson who will report to the class.

Adams v. Jefferson

As a Federalist, Adams favored a stronger central government.Jefferson, a Democrat-Republican favored stronger states’ powers.

In the election of 1800 each party tried to portray the other as “extreme”:

Adams was called a “tool of the rich who wanted to turn the executive branch into a British style monarch”. (pg. 113)

Jefferson was “a dangerous supporter of revolutionary France and an atheist”, according to the Federalists. (pg. 113)

Adam’s “Midnight Justices”Just before Adams

left office he appointed many Federalist to judgeships.

One of these was William Marbury

Marbury’s commission was not delivered to him before Adams left office.

President Jefferson’s new secretary of state, James Madison, refused to give the commission to Marbury

Central issues in Marbury v. Madison

Marbury’s ClaimWilliam Marbury

asked the Supreme Court to force Madison to give him his commission as a judge.

Marbury’s reason for asking this was based on the Judiciary Act of 1789.

Central issues in Marbury v. Madison

John Marshall- 1st Chief Justice of the Supreme Court

Painting by Rembrandt Peale

The Supreme Court, in 1803, ruled that part of the Judiciary Act of 1789 was “unconstitutional”.

Chief Justice Marshall wrote that since the Constitution is the “supreme law of the land, no law that goes against the Constitution can be valid.”

This ruling established the concept of Judicial Review.

Central issues in Marbury v. Madison

Judicial Review Under what part of the Constitution did the Supreme Court derive its power of “Judicial Review”?

Is “Judicial Review” even mentioned in the Constitution?

In groups, students will analyze Article 3, Section 1 and 2 of the Constitution.

Students may use the Internet to research the topic and read articles related to “Judicial Review”.

Explain how Marbury v. Madison became the basis for Judicial Review

Internet websites to explore:http://www.lawnix.com/cases/marbury-madison.html

http://supreme.lp.findlaw.com/supreme_court/landmark/marbury.html

http://www.historycentral.com/nn/marbury.html

http://larivierelaw.org/famous_judicial_quotes.aspx

…how Marbury v. Madison became the basis for Judicial Review

The importance of Marbury v. Madison to the American

political system

The idea of judicial review established the Supreme Court’s importance as the 3rd co-equal branch of government. The American system of checks and balances ensures that the Judiciary is enabled to balance the other branches of government.

Homework!

Students will create a three-fold brochure that illustrates the concepts of the Power point lesson:

Outside page: A picture and student and class information

Inside pages:

Left: List at least two of the central issues in Marbury v. Madison

Middle: A brief description of ONE example of one other use of Judicial Review by the Supreme Court

Right: A quote from John Marshall regarding the importance of Judicial Review.

Sample BrochureOutside page:

Marbury v. Madison and Judicial Review

US History

Mr. Smith

by G Smith June 21, 2011

(Left side)

William Marbury was denied his appointment to a judgeship, and

appealed to the Supreme Court. His claim was based on the Judiciary Act

of 1789.

The Supreme Court ruled that part of the Judiciary Act was

“unconstitutional”.

This established the concept of “Judicial Review” by the Supreme

Court.

(Center)In City of Berne v. Flores

(1997), the Supreme Court used Judicial Review to declare the Religious

Freedom Restoration Act of 1993 to be unconstitutional.

The Court ruled that Congress has no authority to

interpret the Constitution.

"It is emphatically the province and duty of the judicial

department to say what the law is. Those who apply the

rule to particular cases, must of necessity expound and

interpret that rule. If two laws conflict with each other, the courts must decide on the

operation of each." — Chief Justice John Marshall

BilbliographyDanzer, Gerald A., et al. The Americans: Reconstruction to the 21st Century. Evanston, Il. 2006

Lawnix.com. 2009. Accessed June 20, 2011. <http://www.lawnix.com/cases/marbury-adison.html>

FindLaw. Reuters Business, Inc. 2009. Accessed June 20, 2011.<http://supreme.lp.findlaw.com/supreme_court/landmark/marbury.html>

HistoryCentral.com. 2008. Multieducator, Inc. Accessed June 20, 2011.<http://www.historycentral.com/nn/marbury.html>

Lavierrelaw.org. LaVierre, Jr, Maurice. Accessed June 21, 2011.<http://larivierelaw.org/famous_judicial_quotes.aspx>