Marbury v. Madison

Definition

Marbury v Madison (1803) was a landmark U.S. Supreme Court case that established the principle of judicial review in the United States, meaning that American courts have the power to strike down laws and statutes that they find to violate the Constitution of the United States. Marbuyr v. Maidson revolves are Constitutional issues from Article I of the U.S. Constitution, Article III of the U.S. Constitution, Section 13 of the Judiciary Act of 1789, and what branch of government gets to decide what the Constitution says.

Example

 
 

Questions

  1. What was the main outcome of Marbury v. Madison?

  2. What was the main constitutional issue in Marbury v. Madison?

  3. Explain the connection between Marbury v. Madison and separation of powers?

  4. What would have happened to Supreme Court power had Marbury v. Madison been decided the other way?

  5. According to the ruling in Marbury v. Madison, who gets to interpret the Constitution?

  6. Do Supreme Court justices wear anythging under their robes?

  7. What emoji would do a good job of expressing the concept judicial review?

  8. What was the main consequence of the ruling in Marbury v. Madison?

  9. How would you have ruled had you been chief justice John Marshall in the case of Marbury v. Madison?

  10. Translate judicial review into plain English.

Remember!

Now, let’s commit this term to our long-term memory. On a scrap piece of paper, take 10 or 20 seconds to draw Marbury v. Madison! Draw with symbols or stick figures if you wish. Nothing fancy. Don’t expect a masterpiece. No one else will see this but you. Look at your drawing. That’s all - now it’s downloaded into your memory. Destroy the piece of paper in a most delightful way.


Further Review

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McCulloch v. Maryland