Marbury v. Madison: Document G, The Supremacy Clause of the United States Constitution (1789)
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.”
Check out our previous posts for Document A, an excerpt from the Anti-Federalist Papers; Document B, Document C, and Document D, excerpts from Federalist no. 78; Document E, an excerpt from Federalist no. 81; and Document F, an excerpt from Article III of the US Constitution.
The Supremacy Clause of the United States Constitution (1789)
This Constitution, and the laws of the United States which shall be made in pursuance thereof; and all treaties made, or which shall be made, under the authority of the United States, shall be the supreme law of the land; and the judges in every state shall be bound thereby, anything in the Constitution or laws of any State to the contrary notwithstanding.
>Does this section of the Constitution support Hamilton’s argument in Document B?
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.