Our Federal System of Government
Session 33 and 34: "Marbury v. Madison"

Materials

• Handout: Marbury v. Madison (Attachment V)
• Transparency: “Brief a Case” (Attachment W)

Instructional Activities

The following Web site may be helpful in teaching this organizing topic:
“Marbury v. Madison”  (James Madison University)  <http://www.jmu.edu/madison/center/main_pages/madison_archives/era>.

1. Explain that in this session students will study the case that gave the courts the power of judicial review: Marbury v. Madison.
   
   
2. As they study this case, they will look at it in the same way lawyers look at all cases. They separate the facts of the case, the legal questions, and the decisions of the courts. Display the transparency titled “Brief a Case” (Attachment W). Explain that the class will fill this in together.
   
   
3. Define the term writ of mandamus (requiring a government official to take a specific action).
   
   
4. Distribute the handout titled “Marbury v. Madison” (Attachment V). Ask students to read the facts of the case. When they have finished this section, have them decide what should be written in the top section of the chart.
   
   
5. Read the three legal questions aloud. Stop after each question and rephrase them into middle school language. Give examples if necessary to help students understand the concepts. Then write these into the second section.
   
   
6. Finally, ask a student to read the first part of the opinion of the court. Discuss this as a class. Ask students to write a one-sentence summary explaining this portion of the opinion of the Supreme Court.
   
   
7. Repeat this for the next two sections.
   
   
8. As a class, use the student one-sentence summaries to draft a class summary for each of the legal points. Write this in the third section of the chart.