This lesson exposes students to the judicial branch and the power of judicial review. They will read about an actual Supreme Court case, Torcaso v. Watkins, to see how the judicial branch used its power of judicial review to strike down an unconstitutional state law.
If James Madison was the “father” of the Constitution” John Marshall was the “father of the Supreme Court”—almost single-handedly clarifying its powers. This new lesson is designed to help students understand Marshall’s brilliant strategy in issuing his decision on Marbury v. Madison, the significance of the concept of judicial review, and the language of this watershed case.
The purpose of this lesson is to teach students about the significance of the Judiciary Act of 1789 in establishing a federal judiciary, and the power of judicial review as outlined by the landmark U.S. Supreme Court Case, Marbury v. Madison (1803). By the conclusion of this lesson, students will understand the key provisions of the Judiciary Act of 1789 and the structure of the federal judiciary, as well as the power of judicial review.
The nine, lifetime-appointed justices on the Supreme Court play a huge role in our lives through interpreting the application of laws passed by the United States Congress and state legislatures. The Share My Lesson team has curated a collection of free lesson plans and activities to support teachers in educating their students about the structure and role of the Supreme Court.
Does Marbury have a right to his commission, and can he sue the federal government for it? Does the Supreme Court have the authority to order the delivery of the commission? The Supreme Court answers this question in 1803.
This case summary provides teachers with everything they need to teach about Marbury v. Madison (1803). It contains background information in the form of summaries and important vocabulary at three different reading levels, as well a review of relevant legal concepts, diagram of how the case moved through the court system, and summary of the decision. This resource also includes six classroom-ready activities that teach about the case using interactive methods.
This documentary explores the Supreme Court cases Cherokee Nation v. Georgia (1831) and Cooper v. Aaron (1958) that defined our understanding of the role of the judiciary. In Cherokee Nation, the Supreme Court ruled it lacked the jurisdiction to review the claims of an Indian nation in the U.S. In Cooper v. Aaron, the Court affirmed that its interpretation of the Constitution was the “supreme law of the land” and that states were bound by its decisions. A PDF lesson guide is provided.
History is the chronicle of choices made by actors/agents/protagonists in specific contexts. This simulation places students at the Constitutional Convention and asks them to engage with a problematic question: Who should have the final say in deciding whether a law or executive action is constitutional? Students will explore this in theoretical, practical, and political contexts. If one branch has the final say, does that negate the separation of powers? But if no branch has the final say, how are inter-branch disputes to be settled? If unelected justices of the Supreme Court can nullify legislative and executive measures, does that fly in the face of popular sovereignty? On the other hand, if constitutional interpretation is left to “the people,” how might that work, and might that lead to political turmoil?