Marbury v. Madison: Document C, Federalist No. 78, 1788
Do you use document-based questions in your classroom?
This summer the Bill of Rights Institute is blogging a document-based question on the Supreme Court case Marbury v. Madison (1803). Each weekly post will feature an excerpted document related to the case, along with some questions to guide your thinking on it. Each document should be used to address the question: “Argue whether or not the Supreme Court should have the power to overturn unconstitutional federal laws.”
Federalist No. 78, 1788
There is no position which depends on clearer principles, than that every act of a delegated authority, contrary to the tenor of the commission under which it is exercised, is void. No legislative act, therefore, contrary to the Constitution, can be valid.
>Restate Hamilton’s assertion in your own words.
Check back each week to see the next document and how it might change your thinking on this important question that affects all public school teachers and students in the U.S.! If you are enjoying this DBQ – be sure to check out our curriculum Supreme Court DBQs: Exploring the Cases the Changed History.