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.”

Directions: Answer the Key Question in a well-organized essay that incorporates your interpretations of Documents A-K, as well as your own knowledge of history.

Document A: Brutus, No. 15, 1788

Document B: Federalist No. 78, 1788

Document C: Federalist No. 78, 1788

Document D: Federalist No. 78, 1788

Document E: Federalist No. 81, 1788

Document F: Sections of Article III of the United States Constitution, 1789

Document G: The Supremacy Clause of the United States Constitution, 1789

Document H: Section 13, Judiciary Act of 1789

Document I: The Kentucky Resolution, Thomas Jefferson, 1798

Document J: Unanimous Majority Opinion, Marbury v. Madison, 1803

Document K: Thomas Jefferson to Spencer Roane, 1819

The Issue Endures:

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.”

Check out our previous post for Document A, an excerpt from the Anti-Federalist Papers.

 Federalist No. 78, 1788

Whoever attentively considers the different departments of the power must perceive that, in a government in which they are separated from each other, the judiciary, from the nature of its functions, will always be the least dangerous to the political rights of the Constitution; because it will be least in capacity to annoy or injure them. The Executive not only dispenses the honors, but holds the sword of the community. The legislature not only commands the purse, but prescribes the rules by which the duties and rights of every citizen are to be regulated. The judiciary, on the contrary, has no influence over either the sowrd or purse; no direction either of the strength or of the wealth of the society; and can take no active resolution whatever. It may be truly said to have neither FORCE nor WILL, but merely judgment ; and must ultimately depend upon the aid of the executive arm even for the efficacy of its judgments.

>Why does Hamilton call the judiciary the “least dangerous” branch of government?

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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.

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.”

Brutus, No. 15, 1788

[The] supreme court under this constitution would be exalted above all other power in the government, and subject to no controul. …I question whether the world ever saw, in any period of it, a court of justice invested with such immense powers, and yet placed in a situation so little responsible…

Judges under this constitution will controul legislature, for the supreme court are authorised in the last resort, to determine what is the extent of the powers of the Congress; they are to give the constitution an explanation, and there is no power above them to set aside their judgment. The framers of this constitution appear to have followed that of the British, in rendering the judges independent, by granting them their offices during good behaviour, without following the constitution of England, in instituting a tribunal which their errors may be corrected; and without advertising to this, that the judicial under this system have a power which is above the legislative, and which indeed transcends any power before given to a judicial by any free government under heaven…

If, therefore, the legislature pass any laws, inconsistent with the sense of judges put upon the constitution, they will declare it void; and therefore in this respect their power is superior to that of the legislature.

>What is Brutus’s argument against ratification of the Constitution and the proposed court system?

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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.

This September, Colonial Williamsburg will allow complimentary access to their Gift to a Nation electronic field trip series “The Will of the People.” Gearing up for the presidential election this November, “The Will of the People” examines the election of 1800.  The election of 1800 was a bitter campaign between John Adams and Thomas Jefferson for the role of president.  Students can learn more about the election from Jefferson and how negative campaigning and partisan politics played a role in the contest.  The electronic field trip series will help students learn more about Founding Principles and citizenship through videos, interactive games, lesson plans, and downloadable resources.

We would love to hear how the Colonial Williamsburg electronic field trip series goes in your classroom.  Let us know by leaving your comments below. 

If you are looking for additional resources on electing a president see the Bill of Rights Institute’s video called Election: Presidents and the Constitution.  You can also find lesson plans, activities, and other resources on the election of 1800 and other contested elections in our books Presidents and the Constitution, Volume I and II.

In 1789, the United States Constitution went into effect and George Washington was elected as the first leader of the country. If you know your early American history, you’ll remember that Washington was the president of the Constitutional Convention as well. Even though he was in attendance for much of the writing of the Constitution, Washington felt that he needed the document close to him during the presidency. He ordered a personal copy from England (gasp!) so that he could refer to all of articles and sections that applied to him in his new role.

Washington’s signature graces the front page and he makes notes in his own hand throughout the pages. Just in case he forgot, Washington drew brackets and wrote “President” next to the passages regarding the executive powers. This great artifact from Washington’s presidency and life will be sold to the highest bidder on June 22, 2012.

To read more about Washington’s copy of the Constitution, visit For George Washington, the Constitution Was a Cheat Sheet on ABCNews.com.

What do you think a Washington’s Constitution is worth?

We have just the thing to set these students on the path of success! The 2012 Constitutional Academy is just what these students need to jump-start their futures in the fields of political science and history through college and career advice from professionals in these sectors, meeting with Members of Congress, participating in model-Congressional hearing activities with other students who have similar interests, through lectures and discussions with college professors, and visiting historical sites where they will explore how history influences our lives today.

The Constitutional Academy will be held in the Metro-Washington, D.C. area from July 9 – July 14, 2012.  Scholarships are still available in many areas for students who qualify.  Please contact us for more information about scholarship requirements.  For students without scholarships, the cost is $750 plus travel to and from Washington, D.C.  Students will stay on campus at Marymount University, visit the National Archives, George Washington’s Mount Vernon, and the U.S. Capitol, and they will participate in college-level lectures, discussions, activities with the best and brightest students from around the country!

We invite all high school students who are finishing grades 10, 11, or 12 and are interested in history or political science to apply for the 2012 Constitutional Academy.  The deadline for submitting applications is May 31, 2012.  Please visit our website to learn more about the program or email Academy@BillofRightsInstitute.org.

As judicial review was seldom exercised prior to the 20th century, the case was cited exclusively for its discussion of the particular issues of the case for the first hundred years after it was handed down. Beginning in the early 20th Century, however, the Court began striking down federal laws more frequently. Proponents of judicial review pointed to Chief Justice John Marshall’s decision in Marbury as a source supporting the view that the Supreme Court has the final say on what the Constitution means.

The case of Marbury v. Madison (1803) was the first time the U.S. Supreme Court declared an act of Congress to be unconstitutional. (The case concerned a section of the Judiciary Act of 1789.) In his opinion, Chief Justice John Marshall relied almost exclusively on the specific language of the Constitution, saying that it was the “paramount law of the nation” and that it constrained the actions of all three branches of the national government. The whole point of a written Constitution, Marshall asserted, was to ensure that government stayed within its prescribed limits: “The powers of the Legislature are defined and limited; and [so] that those limits may not be mistaken or forgotten, the Constitution is written.” In cases where a law conflicted with the Constitution, Marshall wrote, then “the very essence of judicial duty” was to follow the Constitution.

Marshall also asserted that the courts had the responsibility to understand and articulate what the Constitution means: “It is emphatically the province and duty of the judicial department to say what the law is.” The decision concluded “a law repugnant to the Constitution is void, and courts, as well as other departments, are bound by that instrument.”

The Supreme Court did not declare another act of Congress unconstitutional until it struck down the Missouri Compromise in Dred Scott v. Sanford (1857). The power of judicial review was used sparingly for the next several decades. Beginning in the early 20th Century, however, the Court began striking down federal laws more often than ever before. Proponents of judicial review pointed to Chief Justice John Marshall’s decision in Marbury as a source supporting the view that the Supreme Court has the final say on what the Constitution means.

Since then, as the powers of the national government have expanded and as more and more state laws became subject to federal review (as a result of the Fourteenth Amendment and the incorporation of the protections of the Bill of Rights against the states), the Supreme Court has had frequent opportunities to exercise its power of judicial review.

What do you think? Does the power to strike laws that are judged by nine justices to be unconstitutional establish the Supreme Court as a co-equal branch of government alongside Congress and the President? Who should have the final say on what the Constitution means?

Get a free copy of the Marbury v. Madison (1803) lesson plan from our curriculum Supreme Court DBQs .

George Washington wanted his presidency to be an example of moderation, just as he lived his life.  On September 19, 1796, Washington gave his Farewell Address.  Although the Constitution did not limit the president’s term, Washington knew that the system of checks and balances was designed to prevent abuse of power.  The letter of the law did not forbid a third term, but he believed its spirit did.

The decision to step down kept with Washington’s character.  Throughout his life, he worked to follow a set of strongly held values including moderation and responsibility.  He was a hot-tempered person, but he moderated his actions.  He always answered the call of duty – as Commander in Chief of the Continental Army, and as president of the Constitutional Convention.  And he always stepped down when the job was done.  In fact, Washington warned against the leaders with a “love of power” and the ability to abuse it.  There was no greater danger to liberty, no greater peril for a free people.

The people wanted him to stay, but he knew he could not.  He was aware that as the first president, everything he did would be setting an example for all the future presidents of the United States.  By resigning, he was a model of moderation.  To George Washington, the preservation of the American republic was more important than personal gain.

Explore the Expansion of Expression

Topeka, KS June 5-6, 2012

Do you think you know the First Amendment? What civil liberties does it protect? Which rights qualify as “freedom of speech”?

Apply for the 2012 Constitutional Kansas Conference and, and it just might change what you thought you knew about the Constitution.

All middle-school and high-school Social Studies teacher in the state of Kansas are encouraged to apply for this unique opportunity!

Program participants will explore new ways to engage their students with the First Amendment freedom of speech through Constitutional Scholar presentations, discussion sessions, and pedagogical workshops.

All participants will also receive a copy of our most popular curriculum, Supreme Court DBQs: Exploring the Cases that Changed History, which includes a unit on Brown v. Board of Education. To bring depth to this key landmark case, this enriching program also includes a site visit to the historical Brown v. Board of Education site.

Eligibility

• Social Studies teachers of grades 8-12.
• Applicants must teach in the state of Kansas.

Program Details

• Lodging for the night of June 5, and all meals will be covered by the Institute.
• Participants will be responsible for their own transportation to and from Topeka.
• Limited mileage reimbursement is available.
• Program sessions will take place at the Capitol Plaza Hotel, and will include a tour of the Brown v. Board of Education historic site.
• Sit-down dinner and opening lecture from our Constitutional Scholar on Tuesday evening

Application

• All applicants must complete the online application form.

• All submitted applications must include a sample lesson plan. Please use the lesson plan template provided here.

All applications  must be submitted by 5:00 PM EST on March 26, 2012. For questions, please contact Marianne Scott at events@BillofRightsInstitute.org.

The 2012 Kansas Constitutional Conference is made possible through the generous support of the Fred and Mary Koch Foundation

Franklin was born on January 17, 1706 in Boston, Massachusetts.  Although he was the old sage of the American Revolution and the Founding generation, Benjamin Franklin’s considerable work in the areas of journalism, science, and invention often obscure his many contributions to the creation of the Constitution and protection of American freedoms. His stature was second only to George Washington in lending credibility to the new federal government, and his wisdom helped ensure the structural stability of what is now the oldest written constitution still in force in the world.

Franklin’s Albany Plan of 1754 was the first formal proposal for a union of the English colonies. Though it failed to gain the requisite support, it signaled the colonies’ desire to be more independent from the mother country. Also, the Albany Plan’s federal system government in some ways foreshadowed the political system created by the Constitution three decades later.

As a delegate of the Second Continental Congress, Franklin, along with Thomas Jefferson and John Adams, was a member of the Committee of Five that drafted the Declaration of Independence.  Franklin was the first United States Postmaster General, an ambassador to France, and as a delegate at the Constitutional Convention in 1787.

Franklin was also an early opponent of slavery who feared that the institution would corrode the cords of friendship among the new American states. Despite his abhorrence of the slave system, however, Franklin was willing to compromise on the issue at the Constitutional Convention, and he remained optimistic about the young nation’s prospects.

Franklin began writing an Autobiography in 1771 while he was living in England. The account of his life ends at age 51 (1757), well before the American Revolution, so the book does not discuss the Founding period or the Constitution. It chronicles the first half-century of his life and contains the author’s reflections on life, literature, religion, and philosophy.

Do you or your students share a birthday with any major historical figure?

See our curriculum Founders and the Constitution for a complete lesson on Benjamin Franklin.