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| Reflections on Judicial Power - Part III | | Synopsis: This series of lessons and extensions takes a closer look at the foundations of judicial power and the development of judicial review in the United States. Part I includes a review of the language of Article III of the U.S. Constitution; Part II outlines the beginning of a group exercise where students examine, using primary source documents, the range of the Founders’ positions as the government was taking shape on the relative strength and role of the judicial branch (Yates, Adams, Jefferson, Hamilton, Wilson, and Madison). In the continuation of the group exercise, Part III, students who became experts on a particular Founder’s view will play that part in a group of “supreme court justices” (the range of the Founders in Part I). The “court” will hear, review, and debate the facts and issues of law presented in Marbury v. Madison. |
Untitled Document
Objectives
Students will be able to:
- apply an understanding of the Founders’ arguments to the facts of Marbury v. Madison;
- teach other students about one Founding document and a Founders’ position on the role of the judiciary;
- explain the significance of judicial review and the role of the courts.
Procedure
- Warm-up/Background/Homework options:
- Reorganize groups so that they contain one expert from each of the expert groups (groups of 6).
- Share a brief introduction to the story of Marbury. Tell the students that they will “be the justices” and decide his case before the newly established Supreme Court. They must maintain the viewpoint of the Founder they were assigned in Part II.
- Give student “experts” time to teach/review their Founder’s view(s) on the role of the Judiciary and the language of the Constitution to their new group members.
- Give each group only the facts of Marbury v. Madison to read. Advanced: add James Madison University, extended background on Marbury.
Focus question: Given what you learned about the limits/expansiveness of judicial power at the time, who should win the case?
- After the students have had a sufficient amount of time to read, frame the issues before the court.
- Have groups discuss the facts and determine their answers to the questions before the court.
- Give students time to discuss the case in small groups.
- Check in on groups and answer questions about the text.
- Have students decide who should “win”, each arguing the position of the Founder from Part II.
- Students should cite the language in the Constitution or other Founders’ writings to support their view(s).
- Reconvene the class and have groups share their decisions and reasoning.
- Option: Chart the winners and reasoning on board or overhead so all students can see range of reasoning.
- Have each group read the Marbury v. Madison opinion.
- Outline/synthesize reasoning of the court. Discuss how Marshall’s reasoning is same/different from the students reasoning.
Wrap-Up
- Discuss the impact of the case on the judicial system.
- Suggested questions to focus discussion:
- Why is the decision in Marbury v. Madison so important?
- Does the Supreme Court have more power than the legislative or executive branch?
- Should the Supreme Court have the power to review the laws enacted by the legislature and enforced by the executive?
- Additional concepts to review/cover:
- Precedent, stare decisis
- Balance of power, checks and balances envisioned by the Founders
- Revisit initial writing, K-W-L or introductory quiz to reassess the students’ knowledge on the issue.
| | Last Edited On 6/21/2005 4:34:00 PM | | | |
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