Marbury v. Madison (1803)

Judicial Review, Federalism, Separation of Powers

Overview

“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 necessity expound and interpret that rule. If two laws conflict with each other, the courts must decide on the operation of each.”

Chief Justice John Marshall, speaking for a unanimous Court

This case explores the legal concepts of federalism, judicial review, and separation of powers/checks and balances.

At the end of President John Adams’ term, his secretary of state failed to deliver documents commissioning William Marbury as justice of the peace in the District of Columbia. Once President Thomas Jefferson was sworn in, he told James Madison, his secretary of state, not to deliver the documents to Marbury and others in order to keep members of the opposing political party from taking office. Marbury sued James Madison asking the Supreme Court to issue a writ requiring him to deliver the documents necessary to officially make Marbury justice of the peace. The Supreme Court chose not to answer Marbury’s question, but rather whether they had the jurisdiction to issue the writ. The Marbury v. Madison decision resulted in the establishment of the concept of judicial review.

For Students

This section is for students. Use the links below to download classroom-ready .PDFs of case resources and activities.

About the Case

Full Case Summaries

A thorough summary of case facts, issues, relevant constitutional provisions/statutes/precedents, arguments for each side, decision, and case impact.

Case Background and Vocabulary

Important background information and related vocabulary terms.

Visuals

Decision

Learning Activities

The Case

After the Case

For Teachers

This section is for teachers.

Use the links below to access:

student versions of the activities in .PDF and Word formats
how to differentiate and adapt the materials
how to scaffold the activities
how to extend the activities
technology suggestions
answers to select activities

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About the Case

Full Case Summaries: A summary of case facts, issues, relevant constitutional provisions/statutes/precedents, arguments for each side, decision, and impact. Available at a high school and middle school levels.
Case Background: Background information at three reading levels.
Case Vocabulary: Important related vocabulary terms at two reading levels.
Diagram of How the Case Moved Through the Court System
Case Summary Graphic Organizer
Decision: A summary of the decision and key excerpts from the opinion(s).

Learning Activities

The Case

Who Should Decide?
The Power of the Judicial Branch
Thomas Jefferson’s Reaction
Cartoon Analysis
Classifying Arguments Activity
Is the Judiciary Act of 1789 Constitutional?
Supreme Court Case Pack for Middle School Classrooms

After the Case

Teacher Resources

Teaching Strategies Used

Landmark Cases Glossary

The LandmarkCases.org glossary compiles all of the important vocab terms from case materials. It is provided as a view-only Google Sheet.

Glossary

Planning Time and Activities

If you have one day . . .

Read the background summary (•••, ••, •) and answer the questions.
Complete Who Should Decide? activity.
Complete the Classifying Arguments Activity. Discuss which arguments the students find most convincing.
For homework, have students read the Key Excerpts from the Majority Opinion and answer the questions. Follow-up the next day by reviewing the questions with students.

If you have two days . . .

Complete all activities listed for the first day (excluding homework).
For advanced classes, complete The Power of the Judicial Branch. For on-level classes, complete Is the Judiciary Act of 1789 Constitutional?
Complete the Cartoon Analysis Activity.
For homework, have students read the Key Excerpts from the Majority Opinion and answer the questions. Follow-up the next day by reviewing the questions with students.

If you have three days . . .

Complete all activities listed for the first and second 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???
For homework, have students complete Chief Justice John Marshall’s Legacy project.

If you have four days . . .

Complete all activities listed for the first, second, and third days (excluding homework).
On the fourth day, complete Mini-Moot Court Activity: United States v. Lopez (1995)
For homework, have students complete Chief Justice John Marshall’s Legacy project.

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