Marbury vs. Madison

Judicial Power: Marbury v. Madison 

Target: I can determine who has the final authority on the meaning of the Constitution when two branches of government disagree by analyzing the principle of judicial review established in Marbury v. Madison.

Key Vocabulary

• Commission: The official document given to someone to confirm their appointment to a government job.

• Judicial Review: The power of the Supreme Court to declare a law passed by Congress or a presidential action to be unconstitutional.

• Unconstitutional: When a law breaks the rules laid out in the U.S. Constitution.

• Dilemma: A situation that requires a difficult choice between two options that are both unfavorable.

Part 1: Do Now (5 minutes)

Directions: Read the prompt below and write a complete paragraph (3-4 sentences) on the lines provided.

Prompt: Imagine a championship game where the league adds a new rule right before the last round. One player says the new rule goes against the sport’s original rulebook. Who should have the final say about what the real rules are – the league that made the new rule, or a neutral referee who compares it to the original rulebook? Explain your answer.

Sentence Starters:

• I think the league should decide the rules because...

• I think the referee should decide because...

• The league has power to make rules, but the referee’s job is to…

Part 2: Primary Source Document – Marshall's Power Grab

Directions: Read the background of the case. Then, read Chief Justice Marshall’s original text in the left column. Use the Simplified Meaning in the right column to help you understand the main arguments.

Background: In 1800, President Adams lost his reelection bid to Thomas Jefferson. In his final hours, Adams appointed dozens of judges from his own party. But the paperwork (commission) for one judge, William Marbury, wasn't delivered. The new president, Jefferson, ordered his Secretary of State, James Madison, to block the appointment.

Marbury sued and asked the Supreme Court to force Madison to give him the job. This was a dilemma for Chief Justice John Marshall: if he ordered Madison to deliver the papers, Jefferson would just ignore him, making the Court look weak. If he did nothing, he would also look weak.

Original Text (1803)	Simplified Meaning
Source: Chief Justice John Marshall's Opinion in Marbury v. Madison	Source: Chief Justice John Marshall's Opinion in Marbury v. Madison
"It is emphatically the province and duty of the judicial department to say what the law is..."	The judicial branch (the courts) has the clear duty to interpret and declare what the law means.
"If two laws conflict with each other, the courts must decide on the operation of each. So if a law be in opposition to the constitution... the court must determine which of these conflicting rules governs the case..."	If a law passed by Congress goes against the Constitution, the court must decide which rule is the supreme (most important) one.
"...a law repugnant to the constitution is void..."	Any law that violates the Constitution is not valid (void).

Part 3: Partner Analysis and Discussion (10 minutes)

Directions: Answer the questions for Part A and Part B with your partner.

Part A (Partner 1 Leads Discussion and Recording)

1. Was Marbury Entitled? Based on the background, did Marbury deserve his job? YES or NO? Sentence Starters: I believe Marbury did/did not deserve the job because the text says... 2. Marshall's Claim: According to John Marshall's opinion, who has the final say when a law passed by Congress conflicts with the Constitution? Sentence Starters: Marshall clearly states that the final say belongs to... because the duty of the judicial department is to...

Part B (Partner 2 Leads Discussion and Recording)

The Ruling: Marshall ruled that the law Marbury was using to sue was unconstitutional. Therefore, Marbury did NOT get his job. But in the process, Marshall declared that the Supreme Court had the power to strike down any law passed by Congress if it violates the Constitution. This power is called Judicial Review.

1. The Brilliant Power Play: How was this a brilliant power play? Sentence Starters: The ruling was a brilliant power play because Marshall secured the power of Judicial Review by... 2. Win the War: How did Marshall lose a small battle (Marbury's job) to win a much bigger war (ultimate power for the Supreme Court)? Sentence Starters: Marshall lost the battle over Marbury's job, but he won the war by establishing the principle that...

Exit Ticket - Power (5 minutes) Directions: Answer the questions below in a complete paragraph (3-4 sentences). Prompt: In your own words, what is judicial review? Why is the case of Marbury v. Madison considered one of the most important decisions in American history?

Sentence Starters:

In my own words, judicial review is the power of the Supreme Court to...

This case is one of the most important because it is the first time the Supreme Court used its power to...