Name: _________________________________ Date: ___________________________

Do Now (U6W27L2) Team:___________________________

Checks and BalancesDirections: The United States Constitution calls for a federal government with three separate and equally powerful divisions: the legislative (Congress), the executive (the President), and the judicial (the Supreme Court) branches. The Constitution gives each branch the ability to limit the powers of the other two. This is a system known as checks and balances. The table below shows some of the powers granted to each branch. Study it then answer the questions.

1. How can the Supreme Court check actions by Congress and the president?_____________________________________________________________________________________

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2. ** Why do you believe the 3 branches of government can check each other? What’s the impact?

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Name: _________________________________ Date: ___________________________

Classwork (U6W27L2) Team:___________________________

Marbury v. MadisonFocus: The Constitution established the three branches of government and defined the ways in which they checked and balanced each other. However, despite the strength of the Constitution, it was and remains imperfect. Today we are going to discuss one of the most seminal cases in American history, one that ultimately strengthened the federal government and established the extreme powers of the Supreme Court.

Activity #1: Video Context

Directions: Before we can dig into today’s debate, we need to gather a little bit more context. As you’re watching the video, answer the questions below. Be prepared to share.

o Clip: https://www.youtube.com/watch?v=hOvsZyqRfCo (3:37 min)

1. What was the role of the Commission in this case?

2. * Who was William Marbury and why did he want a Writ of Mandamus?

3. ** What was John Marshall’s ruling in this case?

4. ** The final part of John Marshall’s ruling was the most important. Why? Consider what he said about the Judiciary Act of 1787.

5. ** What is Judicial Review and why is it important?

Activity #2: Breaking Down the Prompt

Directions: Read, annotate and rewrite today’s inquiry prompt in your own words. Then record the historical thinking skill and annotation focus. Be sure to circle the key word that reveals the HTS.

Prompt: How did Marbury v. Madison strengthen the powers of the federal government?

Historical Thinking Skill Annotation Focus

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Activity #3: Close Reading for Meaning

Directions: Below is the unanimous (everyone agreed) majority opinion for the case Marbury v. Madison. Closely read it for meaning and then summarize by answering the questions in the space below. You will use your literal understanding of this case to participate in a scavenger hunt afterwards!

Source: John Marshall, unanimous majority opinion for the Supreme Court case Marbury v. Madison, 1803.

1 The authority… given to the Supreme Court, by the act of establishing the judicial courts of the United States, to issue writs of mandamus to public officers, appears not to be warranted by the Constitution…

2 Certainly all those who have framed written constitutions contemplate them as forming the fundamental and paramount law of the nation, and consequently the theory of every such government must be, that an act of the legislature, repugnant to (in conflict with) the Constitution, is void (useless).

3 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 necessary expound (explain the meaning of) and interpret that rule. If two laws conflict with each other the courts must decide on the operation of each…

4 So if a law be in opposition to the constitution; if both the law and the constitution apply to a particular case, so that the court must either decide that case conformably to the law, disregarding the constitution or conformably to the constitution, disregarding the law; the court must determine which of these conflicting rules governs the case. This is of the very essence of judicial duty…

5 The judicial power of the United States is extended to all cases arising under the constitution. Could it be the intention of those who gave this power, to say that, in using it, the constitution should not be looked into? That a case arising under the constitution should be decided without examining the instrument under which it arises? This is too extravagant to be maintained.

1. What does Marshall say is the role of the judicial department? (paragraph 3)

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2. ** What must the court do if a law seems to conflict with the Constitution? (paragraph 4)

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3. ** According to Marshall, which cases should the judicial branch oversee? (paragraph 5)

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Notes from Scavenger Hunt:

Everybody Writes: How did Marbury v. Madison strengthen the powers of the federal government?

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Name: _________________________________ Date: ___________________________

Exit Ticket (U6W27L2) Team:___________________________

Judicial Review ApplicationDirections: Read the overview of the following court case and then explain how the concept of judicial review came into play.

Brown v. Board of Education (1954)

Facts: Black children were denied admission to public schools attended by white children under laws requiring or permitting segregation according to race. It was found that the black children’s schools and the white children’s schools had been or were being equalized with respect to facilities, curricula, qualifications, and salaries of teachers.

Issue: Does segregation of children in public schools, solely on the basis of race, deprive minority children of equal protection of the law even though the physical facilities are equal?

Holding and Decision: Yes. The Supreme Court held that the “separate but equal” doctrine, established in Plessy v. Ferguson (Decision from 1896- black people and white people must remain separate, but they are promised equal public places and services), has no application in the field of education. Segregation of children in public schools, based solely on their race, violates the Equal Protection Clause of the Fourteenth Amendment (The Fourteenth Amendment was passed in 1868 and ended slavery). First, the Court considered easily seen and harder to see factors. The fact that the facilities and other easy to see factors in the schools have been equalized is not the central issue. Segregation of white and black children in public schools has a detrimental effect on the black children because it is usually interpreted as showing that black children are inferior, or lesser. A sense of inferiority affects children’s motivation to learn. Separate facilities are inherently, or naturally, unequal. Such facilities deprive black children of their right to equal protection of the laws.

1. Judicial review can best be described as the idea that…a. The other 2 branches need to review decisions by the Supreme Court before they are

passed.b. The Supreme Court has the power to judge existing laws as unconstitutional.c. The process taken to select a new Supreme Court justice.d. The states have the power to overturn federal laws that do not give enough rights to their

residents.

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2. **How does the Supreme Court case of Brown v. Board of Education demonstrate the concept of judicial review?

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Name: _________________________________ Date: ___________________________

Exit Ticket (U6W27L2) Team:___________________________

Marbury v. MadisonPart #1: Judicial Review Application

Directions: Read the overview of the following court case and then explain how the concept of judicial review came into play.

Bush v. Gore (2000)

Facts: In the 2000 Presidential race, Democratic candidates Al Gore and Joe Lieberman filed a complaint contesting the certification (making official) of Florida’s election results. The Florida Supreme Court ordered a manual recount of ballots entered on machines that did not record votes for President. In other words, the state supreme court called for a physical recounting, by hand, of each of the state’s ballots. Republican candidate George W. Bush filed an emergency application with the U.S. Supreme Court to stop the Florida Supreme Court’s order for the manual recount. The United States Supreme Court agreed to take the case.

Issue: Does the use of manual recounts (recounting by hand), for which no standards have been set, violate the Equal Protection and Due Process Clauses of the Fourteenth Amendment?

Holding and Decision: In a 5-4 decision (5 judges vs. 4 judges), the Court decided that there was a violation of the Equal Protection Clause. The Supreme Court held that the recounts were unconstitutional and that they also could not be completed by the December 12, 2000 deadline required by federal law.

1. **How does the Supreme Court case of Bush v. Gore demonstrate the concept of judicial review?

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2. In Brown v. Board of Education, the Supreme Court overturned Plessy v. Ferguson. In Bush v. Gore, there was no prior case for the Supreme Court to overturn. How does this make these two cases different? What did the Supreme Court do to assess the constitutionality of this case, since there was no law to overturn?

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Part #2: Point of View and Historical Context Exercise

Directions: Considering what you know about the case of Marbury v. Madison, imagine what you believe each of the following characters’ opinions would be about the case. Jot them down, using specific details from today’s lesson and your Cornell Notes from this week’s readings and lecture.

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** William Marbury:

**James Madison:

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John Marshall: