About the materials

These materials were developed for students of various skill levels, and teachers should choose the level that works best for their students. Answers to the background questions, vocabulary, and activities and can be found in the "Answers & Differentiation Ideas" tab under each case.

Background summary and questions to consider (by reading level)

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Important vocabulary (by reading level)

• •••/•• 
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Legal concepts

• Federalism
• Seperation of Powers & Checks and Balances
• Judicial review

Other useful background information

• How the Case Moved Through the Court System

Activities*

The Case

• Introductory Scenario: Who Should Decide?
• The Power of the Judicial Branch: The Federalist Number 78 and The Anti-Federalist
• Thomas Jefferson's Reaction  
• Political Cartoon Analysis

After The Case

• Chief Justice John Marshall's Legacy
• So, What's the Big Idea???

* See the "Answers & Differentiation Ideas" tab for access to answers to the background questions, vocabulary, and activities.

Teaching strategies used

• Analyzing Political Cartoons and Photographs

Planning time and activities

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 Key Excerpts from the Majority Opinion and answer the accompanying questions.
  
  

If you have two days . . .

• Begin with the Introductory Scenario.
• Read the Background (•) as a class.

• Have students complete 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 activity.

• As a class, read the Key Excerpts from the Majority Opinion. Have students answer questions. Discuss responses.
• Discuss how the Court's opinion differed from students' opinions.
  
  

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 Thomas Jefferson's Reaction activity.
• Wrap up the discussion with So, What's the Big Idea??? 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 Power of the Judicial Branch. Students can finish the questions for homework.

• On the second day, discuss students' responses to the questions that accompany Key Excerpts from the Majority Opinion as a class. Have students answer questions. Discuss responses.

• On the third day, have students complete So, What's the Big Idea???. 

• Have students predict how different individuals, such as Republicans may have reacted to the outcome. Complete the Thomas Jefferson's Reaction activity.

• On the fourth day, complete Chief Justice John Marshall's Legacy.   

• Key excerpts from the majority opinion
• Summary of the Decision
  
• Full text of the majority opinion (external link)

Recommended resources

• The 200th Anniversary of Marbury v. Madison: The Reasons We Should Still Care About the Decision, and The Lingering Questions It Left Behind

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