scdbq marbury
TRANSCRIPT
Supreme Court DBQ: Marbury v. Madison
The curriculum, Supreme Court
DBQs, was made possible by a
generous grant from the National
Endowment for the Humanities through its We
the People program.
Common Core State Standards for English Language Arts & Literacy in History/Social Studies
8. Delineate and evaluate the reasoning in seminal U.S. texts, including the application of constitutional principles and use of legal reasoning (e.g., in U.S. Supreme Court majority opinions and dissents) and the premises, purposes, and arguments in works of public advocacy (e.g., The Federalist, presidential addresses).
The Court stated that “(i)t is emphatically the province and duty of the judicial department to say what the law
is” marking the first exercise of this power of the Supreme Court.
1. res nulis
2. writs of mandamus
3. judicial review
4. judicial restraint
5. not sure
Application: Marbury v. Madison (1803) p. 5
Key Question for Marbury v. Madison (1803) p. 6.
William Marbury
Argue whether or not the Supreme Court should have the power to overturn unconstitutional federal laws.
Read background for Marbury, p. 5
Skim documents A-KWhat if your students have no clue about what to do with a DBQ?
Analyze the prompt—–What is power/authority?– Define “overturn.”– Define “unconstitutional.”– Define “federal.”
Teaching the APUSH DBQ Lesson Plan
Overview/Outside Info—what you know before you look at the documents
Yes—The Supreme Court should have the power…
No—The Supreme Court should not have the power…
Evidence Source Evidence Source
Teaching the DBQ Lesson Plan
Document analysis—what you learn from the documents
Yes No
Evidence Document Evidence Document
Three groups:
Group 1: Documents A, B, C
Group 2: Documents D, E, F
Group 3: Documents G, H, I
Teaching the DBQ Lesson PlanDocument analysis—what you learn from the documents
Yes NoEvidence Document Evidence Document
B AC ID KFGH
Document E (and others) could be used either way.
Skim Document J: the opinion of the Court
Read Document K-- Thomas Jefferson’s objection to the ruling.
Suggested Thesis Statement
The thesis statement for this Key Question might be “The Supreme Court should (or should not—depending on analysis of evidence) have the power to overturn unconstitutional federal lawsbecause of _______, as argued in _______, because of _______ as in _________, and because of _______as shown by ________.
Chief Justice John Marshall
Discussion?—what was the most interesting issue your group explored?
Debrief—how might you use this lesson with your students?
Teaching the DBQ Lesson Plan
The Court stated that “(i)t is emphatically the province and duty of the judicial department to say what the law
is” marking the first exercise of this power of the Supreme Court.
1. res nulis
2. writs of mandamus
3. judicial review
4. judicial restraint
5. not sure
14
Website
www.billofrightsinstitute.org
We Want YOU
To use our curriculum
To let us know how these resources work
in your classroom
To pilot or evaluate our curriculum