Understanding Marbury v. Madison and Judicial Review
Explore the landmark case of Marbury v. Madison and the establishment of judicial review by the Supreme Court in 1803. Understand the significance of this case in interpreting the Constitution and laws of the United States.
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Presentation Transcript
Agenda: 1. Bellwork in notebook: list 3 branches of government. 2. Review separation of powers 3. Marbury v. Madison reading, role play, notes. 4. Daily writing--2 paragraphs.
Name of Suprem e Court Case: Marbury vs. Madison Chief Justice Year of Decis ion: 1803 John Marshall
Question: Is it the job of the Supreme Court to interpret the laws? Supreme Court Ruling: Yes. Marbury v. Madison established Judicial Review. Judicial Review = The power of the Supreme Court to interpret the Constitution & laws.
Historical Circumstance Marbury and several others were appointed to government posts created by Congress in the last days of John Adams's presidency, but these last-minute appointments were never fully finalized. The disgruntled appointees invoked an act of Congress and sued for their jobs in the Supreme Court.
Arguments of the Majority Opinion Arguments of the Minority Opinion NONE Constitution was "the fundamental and paramount law of the nation" When the Constitution--the nation's highest law--conflicts with an act of the legislature (Congress), that act is unconstitutional. This case establishes the Supreme Court's power of judicial review.
Primary source document It is emphatically the province and duty of the judicial department to say what the law is...If two laws conflict with each other, the courts must decide on the operation of each...This is of the very essence of judicial duty. - John Marshall, Marbury v. Madison
Primary Document Analysis Name of Document : Quote from Chief Justice John Marshall
Theme: SUPREME COURT DECISIONSDUE DATE: _________________ The United States Supreme Court has played a major role in United States history. The Court s decisions have had a significant impact on many aspects of American society. Task: Analyze how a Supreme Court decision has helped create a more perfect union. Use the Supreme Court case we discussed today to answer the task.
