justice in the classroom chief justice marshall’s court ...€¦ · chief justice john marshall....

JUSTICE IN THE CLASSROOM ➤ RULE OF LAW & JOHN MARSHALL ➤ MIDDLE SCHOOL

Chief Justice Marshall’s Court & Cases Middle/Junior High School US/VA Civics Objectives: Students will be able to: ● analyze and interpret primary and secondary resources; ● interpret pictures to determine characteristics of people, places or events; ● analyze multiple connections across time and place; and ● access a variety of media, including online resources.

Standards

Virginia: CE.6a Evaluating The Supreme Court Exercises the Power of Judicial Review CE.9b Describing the Exercise of Judicial Review Including Marbury v. Madison;

State Laws Must Conform to the Virginia and the U. S. Constitutions

National: NSS-USH.5-12.4 Era 4 Expansion & Reform (1801-1861) NSS-C.5-8.3 Principles of Democracy

Approx. Time: Two 90 minute blocks or four 45 minute blocks

HOOK: The day has finally come for you to get your first job! You are excited to interview with the store manager of your favorite store where you have been dreaming about working for as long as you can remember. Your interview goes perfectly, and the manager offers you the job. You totally accept. The manager instructs you to come in the next morning to begin your new dream job. You can barely sleep that night, but you get up early and go right to the store to begin your new job. When you ask for the manager, a different person appears. You tell the new manager that you are here to start your job. The new manager gives you an unfriendly look and asks when you were hired. You reply, “Yesterday.” The manager shakes his head and says he is sorry but the old manager does not work there anymore and he has someone else he wants to hire for the position so the job is no longer yours.

How would you feel if this happened to you? What would you do about it?

Today, you will learn how a situation like this led to one of the most important Supreme Court decisions called Marbury v. Madison. You will also learn how Chief Justice John Marshall’s decision defined the role of the judicial branch giving it the power to review all laws and actions of the federal government and declare them unconstitutional, if necessary.

CH4-MS1 Last Update: July 30, 2018

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Chief Justice Marshall’s Court & Cases

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Judicial Power: Clear As Mud! Read the following passage from the Constitution, Article III, Section 1: “The judicial power of the United States, shall be vested in one Supreme Court...”

1. Does the Constitution give a detailed description of what power the Supreme Court has?

2. What do you think is meant by “judicial power?”

As you can see, the Supreme Court’s power was not really clear in the Constitution. For the most part, the Court had very little expressed power. Chief Justice John Marshall will change that forever. Using the Justice in the Classroom Chapter 4 video clip, answer the following questions: (Approx. 10 minutes)

1. Who did President John Adams appoint as Chief Justice of the Supreme Court?

2. In the early days of the nation, why was the Supreme Court so weak?

3. Give one example of how John Marshall changed the way the court did business.

4. With how many presidents does John Marshall’s term overlap?

5. What is a “landmark” case?


©2018 THE JOHN MARSHALL FOUNDATION




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6. What year was the Marbury v. Madison case decided?

7. Who did President Adams appoint as Justice of the Peace?

8. What did President Thomas Jefferson tell Secretary of State James Madison to do about Marbury’s commission? WHY did he tell Madison this?

9. What did Marbury do about Madison’s actions?

10. The Supreme Court ruled that the Judiciary Act of 1789, that Marbury used to make the

Supreme Court force Madison to give him his commission, was unconstitutional. This creates the idea of judicial review. What IS judicial review?

11. The Supreme Court declared that the Constitution is to be considered (a)

law that is superior to the “ordinary” (b) of (c) or (d) of the (e) .

a.

b.

c.

d.

e.






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Judicial Review In Action Judicial review is not just the power of the Supreme Court to declare laws and actions of the FEDERAL GOVERNMENT unconstitutional, it is also the power to declare STATE laws and actions unconstitutional, making the Constitution SUPREME over ALL laws. One great example of this is the Loving v. Virginia case. Watch the following video (approx. two and one half minutes) and answer the questions below. ❙ Link : https://goo.gl/G19jCc

1. Why were Mildred and Richard Loving arrested in Virginia?

2. What was the punishment for their “crime?”

3. What did the Supreme Court decide?

4. How is this decision an example of judicial review?




https://goo.gl/G19jCc


Chief Justice Marshall’s Court & Cases Struggling Learners: If students have trouble understanding the documents or drawing conclusions, you should have them work in pairs or small groups to discuss answers. Have the pairs or groups share their answers with the class to guide the others. Post Assessment: Judicial Review Jigsaw Review To apply what students have learned about judicial review, students will be placed into six groups of different learning levels and styles and will be assigned either a political cartoon or a newspaper headline to interpret. These are the “expert” groups. If the expert groups are struggling with interpreting the image and applying it to the idea of judicial review, give them the clues for the image, one by one, until they have an adequate understanding of the image and its connection to judicial review. You can print the clues out and cut them up, so it is easier to distribute them one by one to the expert groups. Once they become “experts” on the cartoon or headline, they will then teach the other students about it. To do this, the expert group will pick one person to teach their image to the other students in the class. All of the other members of the group will rotate clockwise through the other groups until they have learned about all six images. Struggling Learners: Give expert groups all of the clues at once to help guide them with their interpretations. Advanced Learners: Refrain from giving them too many clues or from giving them any at all. For even more examples of judicial review, students should ● review the online article (below) about Supreme Court cases every teenager should know, ● select a case, ● create a poster for that case, and ● explain how it is an example of judicial review.

Have them share with the class and allow sufficient discussion about the cases. (This is great for class discussion!) https://goo.gl/icxXoh




https://goo.gl/icxXoh



Clues (TEACHER KEY) IMAGE 1 1.The three buildings are the White House, the

U.S. Capitol, and the U. S. Supreme Court. 2.The three buildings represent the three

branches of government. 3.The legislative and executive branches are

both part of the law-making process. 4.The Supreme Court, as well as other courts of

the judicial branch, has the power of judicial review to declare those laws unconstitutional.

IMAGE 2 1. The three chairs represent the three

branches of government. 2. The executive chair is bigger and is a throne

representing the growth in power of the president.

3. The Supreme Court has the power to declare actions of the president unconstitutional through judicial review thus checking the power of the presidency.

IMAGE 3 1. The seal on the giant mecha (robot) warrior

represents the seal of the Supreme Court of the United States.

2. The building is the U. S. Capitol. 3. The U. S. Capitol is where Congress meets to

make laws. 4. The man who IS the mecha warrior is Chief

Justice John Marshall. 5. In the case of Marbury v. Madison Chief Justice

John Marshall used the idea of judicial review to declare the Judiciary Act of 1789, a law enacted by Congress, unconstitutional.

IMAGE 4 1. The court referred in the headline is the U. S.

Supreme Court. 2. The Supreme Court case addressed by this

news article is Brown v. Board of Education. 3. The Supreme Court used judicial review to

rule that segregation, or separation of the races, in public schools was unconstitutional.

IMAGE 5 1. The Supreme Court case addressed by this

news article is United States v. Nixon. 2. The tapes were recordings President Richard

Nixon made while in the White House. 3. A special prosecutor appointed by Nixon

ordered that the tapes be turned over to him for evidence in court, but Nixon refused claiming “executive privilege,” which is a claim by the president or certain high-level executive branch officials of the right to withhold information from Congress, the judiciary, and others in the public interest. Such a claim is subject to judicial review.

4. The Supreme Court ruled that Nixon’s actions were subject to judicial review and that he must turn over the tapes because they were not subject to withholding under executive privilege.

5. This was all part of the Watergate scandal which led to Nixon resigning the presidency.

IMAGE 6 1. The letters that appear to be a lowercase “f”

are actually “s.” 2. The article is addressing a very important

court case decided on Feb. 24, 1803. 3. The two people involved in the case were Sec.

of State James Madison and William Marbury. 4. The chief justice mentioned in the article is

Chief Justice John Marshall. 5. “...the act of Congress, giving power to the

Supreme Court, to issue a writ of mandamus in such a case, was unconstitutional...” This decision reflects the Supreme Court’s power of judicial review.

6. This is the case of Marbury v. Madison in which Chief Justice John Marshall defines the power of judicial review.






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Judicial Review Jigsaw Review Judicial Starting with the image that your group is assigned, write down how the image reflects the idea of judicial review. If you need clues, ask the teacher! Once you are done with your image, travel around to the other groups to hear from their expert what the other images have to do with judicial review and discuss it with them, then write it down next to the image.

Image 1: How does this reflect the idea of judicial review?








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justice in the classroom chief justice marshall’s court ...€¦ · chief justice john marshall....

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