#202 “The Very Essence of Judicial Duty”: Marbury v. Madison

Supreme Court justices attend the 2016 State of the Union address.

Preparation

• Before class, students will have read Marbury v. Madison (1803) (pared down to only sections explaining judicial review) and Foner, page 237, “Judicial Review.”

Opener

• How might the 2016 election impact the Supreme Court? Why (or why not) does this matter to you?

Review homework

• With a partner, review your answers to the questions to consider for homework. Together we will review the first question:
  
  • "What did Chief Justice John Marshall say was the chief purpose of written constitutions in Marbury v. Madison (1803)?"

New Jersey v. T.L.O.

• Review case information (external link) provided by the Chicago-Kent College of Law.
• Working individually or with a partner (whichever you prefer), use “Charting Supreme Court Cases” (Google Doc) to complete the top row of the chart pertaining to New Jersey v. T.L.O.
• Briefly discuss together.

Justice Thomas on judicial review

• The case above is a more recent example of how the Supreme Court conducts judicial review.

• Together, we will watch Justice Clarence Thomas discuss judicial review (external link, 3:17)

Marbury v. Madison

• Complete the second row of the chart using information from Marbury v. Madison (as a primary source document) and Foner (as a secondary source).
• Briefly discuss together.

Justice Ginsburg on the impact of Marbury v. Madison

• Together, we will watch Justice Ginsburg discuss the impact of Marbury v. Madison (external link, 1:27).

Final thoughts

• Concluding comments (as time allows).

Homework: #203.