Marbury v. Madison (1803)

Teaching Recommendations Based on Your Time

If you have one day . . .

  • Begin with the "Introductory Scenario."
     
  • Read the "Background" as a class. Have students identify the arguments for each side and predict the outcome.
     
  • For homework, have students read the excerpt of the opinion and answer the accompanying questions.

If you have two days . . .

If you have three days . . .

  • Complete all activities listed for the first two days.
     
  • On the third day, have students predict how different individuals, such as Republicans may have reacted to the outcome. Complete the activity "Thomas Jefferson's Reaction."
     
  • Wrap up the discussion with the "Political Cartoon Analysis." This could also be done for homework or used in an assessment.
If you have four days . . .
  • Begin with the "Introductory Scenario."
     
  • Read the "Background" as a class.
     
  • Have students complete the activity, "The Power of the Judicial Branch . . ." Students can finish the questions for homework.
     
  • On the second day, discuss students' responses to the questions that accompany "The Power of the Judicial Branch . . . "
     
  • Complete the activity "Using Documents to Decide the Outcome: The Constitution and the Judiciary Act of 1789." Discuss students' responses to and predictions of the outcome.
     
  • On the third day, review students' predictions.
     
  • As a class, read the excerpts from the majority opinion. Have students answer questions. Discuss responses.
     
  • Discuss how the Court's opinion differed from students' opinions.
     
  • On the fourth day, have students predict how different individuals, such as Republicans may have reacted to the outcome. Complete the activity "Thomas Jefferson's Reaction."
     
  • Wrap up the discussion with the "Political Cartoon Analysis." This activity could also be assigned for homework or used in an assessment.
Resources
About landmarkcases.org
 
Teaching Recommendations
Based on Your Time

 
Background Summary
and Questions

• • •
Reading Level
• •
Reading Level
 •
Reading Level
 
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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