Marbury v. Madison (1803)

Chief Justice John Marshall's Legacy

Throughout our history, many individuals have left a legacy, or something for which they will be remembered. For instance, Dr. Martin Luther King, Jr. is known for his advocacy of civil rights for African Americans. John Marshall is remembered for the decisions he made while Chief Justice of the United States.

Marbury v. Madison was the first case that was heard by the Supreme Court of the United States after John Marshall became Chief Justice of the United States. In the opinion he wrote for that case, Marshall foreshadowed the views he would express in later decisions. Among these cases are McCulloch v. Maryland, Cohens v. Virginia, and Gibbons v. Ogden.

To read the synopsis of each of these cases, click on the links below.

Marbury v. Madison
McCulloch v. Maryland
Cohens v. Virginia
Gibbons v. Ogden

Click on the links to read the synopsis of each of these cases. As you read, look for commonalties in each of the decisions. When you are finished reading, respond to the following:

  1. What were Marshall's beliefs regarding the power of the federal government? In your answer, cite evidence from the cases.
     
  2. What were Marshall's beliefs regarding the power of the judicial branch? In your answer, cite evidence from the cases.
     
  3. What is Marshall's legacy? In other words, what long-term impact did his decisions have on future cases and on the United States as a whole?
     
  4. Who would have liked Marshall's decisions? Who would have disliked them?
     
  5. Create a poster in which you commemorate Chief Justice John Marshall as a "National Hero" or a "Wanted" Man. If you choose to do a National Hero poster, list at least two reasons why he is a national hero. On the poster, include the name of the organization that is "honoring" him. If you choose to do a "Wanted" poster, list at least two reasons why he is "wanted". Include the name of the organization that is "looking" for him.
Resources
About landmarkcases.org
 
Teaching Recommendations
Based on Your Time

 
Background Summary
and Questions

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Diagram of How the Case Moved Through the Court System
 
Key Excerpts from the Majority Opinion
 
Full Text of the Majority Opinion
 
The Reasons We Should Still Care About the Decision, and The Lingering Questions It Left Behind

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Activities
    The Case
Introductory Scenario: Who Should Decide?
 
The Power of the Judicial Branch: The Federalist Number 78 and the Anti-Federalist
 

Using Documents to Decide the Outcome: The Constitution and the Judiciary Act of 1789  
 

Thomas Jefferson's Reaction
 
Political Cartoon Analysis
 

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    After the Case
Chief Justice John Marshall's Legacy
 

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