Rationale/ Purpose (so what?) Nature and scope of topic. Why is this significant to the mission of educating future citizens?

Transcription

1 Title: John Marshall, Marbury vs. Madison, and Judicial Review Lesson Author: Brandon Sexton, Curtis Brown, Erin Weiss Key Words: Judicial Review, Constitutionality Grade Level: 12 th grade Time Allotted: 45 minutes Rationale/ Purpose (so what?) Nature and scope of topic. Why is this significant to the mission of educating future citizens? The Supreme Court established federal government as more powerful than states, and established the concept of judicial review, which set up the modern system of checks and balances between the three branches of government. Background/Context: How does this lesson fit into a unit of study? Looking backwards, looking forwards Looking Backwards: Establishment of the federal judiciary system Looking Forward: How the Supreme Court handles and decides cases Key Concept(s) include definition: Judicial Review: The idea that the Supreme Court can determine if a law is constitutional or not Constitutionality: whether or not a law violates the Constitution Checks and Balances: The system that keeps each branch of the U.S. government in check of the others. Dissenting Opinion: The argument made by the Supreme Court justices, whose votes went against the majority. Majority Opinion: The justification and explanation of the Court s ruling 1

2 NCSS Standard(s) SOL Information *As written in the Virginia SOL Curriculum Framework for the grade level NCSS Theme (s) with indicators: Civic Ideals and Practices facilitate learner efforts to locate, access, analyze, organize, synthesize, evaluate, and apply information about selected public issues identifying, describing, and evaluating multiple points of view; assist learners to understand the origins and interpret the continuing influence of key ideals of the democratic republican form of government, such as individual human dignity, liberty, justice, equality, and the rule of law; SOL* : Govt.10b The student will demonstrate knowledge of the operation of the federal judiciary by examining how John Marshall established the Supreme Court as an independent, co-equal branch of government through his opinion in Marbury v. Madison. Essential Knowledge Prior to the appointment of Chief Justice John Marshall, the Supreme Court had little power. In Marbury v. Madison (1803), Chief Justice John Marshall and the Supreme Court for the first time declared an act of Congress unconstitutional, thus establishing the power of judicial review. Essential Skills (minimum for SOL Resource Guide) Distinguish between relevant and irrelevant information. Analyze primary and secondary source documents. Guiding Question(s): How did judicial review effect the balance of power in the US government? Compare and Contrast the strength of the judicial branch before and after the Marbury v. Madison decision. The day s big question: Is judicial review constitutional? Lesson Objective(s): Obj. 1 SWBAT understand that the Supreme Court had little power before the ruling of Marbury v. Madison Obj. 2 2

3 SWBAT demonstrate knowledge that the Marbury v. Madison ruling established judicial review Assessment Tool(s) to be used Assessment 1. Informal: SCIM-C Frames based on completion Assessment 2. Formal: Collaboration Sheet of SCIM-C Frames Assessment 3. Formal: Completed chosen activity from closer Materials: Historical Source(s): Article III of the US Constitution (Material A) Political Cartoons (Material B) Opinion of a Lawsuit (Material C) Headline: From the (Boston) Independent Chronicle. to the Honorable William Curbing One Ot Eh Justices of the Supreme; Article Type: Letters Paper: Republican Star, published as Republican Star, or, Eastern Shore General Advertiser; Date: ; Volume: 4; Issue: 202; Page: [1]; Location: Easton, Maryland Additional Materials/Resources: List here and include copies in materials section- textbooks etc page numbers, websites etc SCIM-C Frame (Material F) Collaboration Sheet (Material G) Just Do It! (Material H) Closer (Material I) Article on the Opinion (Material D) Headline: Mandamus. Washington, February 24; Article Type: News/Opinion Paper: Chronicle Express; Date: ; Issue: 31; Page: [4]; Location: New York, New York 3

4 Quotes from Marshall s Opinion (Material E) 4

5 Procedure/Process: 2) Instructional sequence: Obj # See above. Processing Activity and Procedure include directions, question frames, assignment details, to be given to students (these should all be made into explicit materials (e.g. see material A) Do you have opportunities for direct/guided instruction and independent practice/engagement when appropriate and time estimates Check for Evidence of Understanding -Either Formal or Informal e.g. assessments- question frames, quiz, choice activities, discussion with frame and your THAT s A WRAP. (Checks Essential Knowledge and Skills should be in line with assessment tools above) Just do it (Objective #1): SWBAT understand that the Supreme Court had little power before the ruling of Marbury v. Madison Imagine you are in a group with two other classmates. Two of your classmates have veto power over you and each other. You have veto power over only one of your group members. Write a key advantage to this system and a key disadvantage. N/A Transition: Objective #2: SWBAT demonstrate knowledge that the Marbury v. Madison ruling established judicial review Transition: Well, that is how the branches of government were before the idea of judicial review was establish SCIM-C Activity: Students will be Informal: SCIM-C Frames paired and given a packet of based on completion primary and secondary sources (packets will be slightly different). Formal: Collaboration Sheet Students will then complete their based on SCIM-C Frames. SCIM-C Frames with their partner. After they complete their frames, they will go back individually, and complete a Collaboration sheet. This keeps students honest about doing work. Short discussion about collaborations, point towards the concept of judicial review. Pull everything together, and we are going to move to the closer students will put their things away, and keep pencil or pen out for closer. 5

6 Closer What is Judicial Review? (Write a paragraph, sketch or draw a picture, create a rap, write a haiku, or other teacher approved mode) Formal: Completed chosen activity for closer Modifications/Accommodations for Diverse Learners: Add extra time if needed on SCIM-C Provide notes Differentiate skill level within pairs for SCIM-C 6

7 Section 1. Material A The judicial power of the United States, shall be vested in one Supreme Court, and in such inferior courts as the Congress may from time to time ordain and establish. The judges, both of the supreme and inferior courts, shall hold their offices during good behaviour, and shall, at stated times, receive for their services, a compensation, which shall not be diminished during their continuance in office. Section 2. The judicial power shall extend to all cases, in law and equity, arising under this Constitution, the laws of the United States, and treaties made, or which shall be made, under their authority;--to all cases affecting ambassadors, other public ministers and consuls;--to all cases of admiralty and maritime jurisdiction;--to controversies to which the United States shall be a party;--to controversies between two or more states;--between a state and citizens of another state;-- between citizens of different states;--between citizens of the same state claiming lands under grants of different states, and between a state, or the citizens thereof, and foreign states, citizens or subjects. In all cases affecting ambassadors, other public ministers and consuls, and those in which a state shall be party, the Supreme Court shall have original jurisdiction. In all the other cases before mentioned, the Supreme Court shall have appellate jurisdiction, both as to law and fact, with such exceptions, and under such regulations as the Congress shall make. The trial of all crimes, except in cases of impeachment, shall be by jury; and such trial shall be held in the state where the said crimes shall have been committed; but when not committed within any state, the trial shall be at such place or places as the Congress may by law have directed. Section 3. Treason against the United States, shall consist only in levying war against them, or in adhering to their enemies, giving them aid and comfort. No person shall be convicted of treason unless on the testimony of two witnesses to the same overt act, or on confession in open court. The Congress shall have power to declare the punishment of treason, but no attainder of treason shall work corruption of blood, or forfeiture except during the life of the person attainted. 7

8 MATERIAL B 8

9 Imagine you are in a group with two other classmates. Two of your classmates have veto power over you and each other. You have veto power over only one of your group members. Write a key advantage to this system and a key disadvantage. Imagine you are in a group with two other classmates. Two of your classmates have veto power over you and each other. You have veto power over only one of your group members. Write a key advantage to this system and a key disadvantage. 9

10 Quotes from John Marshall s Opinion on Marbury vs. Madison Material E So if a law be in opposition to the constitution: if both the law and the constitution apply to a particular case, so that the court must either decide that case conformably to the law, disregarding the constitution; or conformably to the constitution, disregarding the law; the court must determine which of these conflicting rules governs the case. This is of the very essence of judicial duty. (Marbury v. Madison) It is emphatically the province and duty of the judicial department to say what the law is. (Marbury v. Madison) Certainly all those who have framed written constitutions contemplate them as forming the fundamental and paramount law of the nation, and consequently the theory of every such government must be, that an act of the legislature repugnant to the constitution is void. (Marbury v. Madison) 10

11 Evaluation Rubric: Complete the rubric for each lesson plan and attach cover sheet. (You should have 1 cover sheet and 10 rubrics.) Please Circle NCSS Theme and attach to the correct themed lesson. NCSS THEME I II III IV V VI VII VIII IX X Rating Scale (can include half points on the scale) 1) The lesson plan is focused on a specific NCSS thematic standard, is designed to answer a specific guiding question, and has a strong content/skills focus and rationale. (Students must make sure they meet all the required criteria as detailed above.) 11

12 Not focused highly focused Theme is Civil Ideals and Principles, and the lesson answers the guiding questions, as well as the big question. SCIM-C is a great bloom s exercise, and useful within historical fields 2) The lesson plan is designed to clearly address specific social studies SOL with a clearly focused list of Essential Knowledge, Skills, and Understandings (See SOL Resource Guide), and NCSS performance expectations and indicators. (What are students going to do based on the theme? - See Expectations for Excellence.) Not addressed Clearly Addressed Lesson approaches Govt.10b of the SOLs, and teaches both statements of Essential Knowledge 3) The lesson plan includes clear, motivational, intriguing and relevant guiding questions (big question). Not addressed Clearly Addressed Guiding questions are clear, and not just yes and no answer questions. 4) The lesson plan includes well-written and explicit objectives Unclear objectives Clear objectives Objectives are clear and measurable by the activities within the lesson 5) The lesson plan includes a tightly focused bell ringer/motivational hook that relates to the lesson. (1-5 minutes)- (Independent student work) (Just Do it). Unclear Objectives Clear Objectives 12

13 Just Do It is a What if which might relate to their day to day life. 6) The lesson plan includes detailed instructional activities that directly correlate with specific objectives. Not Focused Clearly Focused Activities are thorough, and are related to primary and secondary resources. Very authentic. 7) The lesson plan contains clearly focused and detailed directions for students, question frames, and lecture outlines, when appropriate, to facilitate directions and learning. (These are also part of the materials section)- A teacher should be ready to go with the lesson. Not Focused/Detailed Highly Focused/Detailed Directions are thorough, but maybe not detailed enough 8) The lesson plan includes a focused and clear closure that either provides students with the opportunity to answer the guiding question (assesses student understanding) or clearly summarizes the day s key points in relation to the key question. Not Focused Highly Focused Closer answers big question, and the objectives. 9) The lesson plan provides a clearly designed assessment within the closure to measure student growth/with model answer(s) that is explicitly connected to the lessons essential understandings, objectives, and the strategies for learning Not Clear and Appropriate Highly Clear and Appropriate 13

14 See Above 14