Founding Documents Graphic Organizer

Judicial Review 

Founding Documents Graphic Organizer 

• I can define judicial review by relating the principle to foundational documents: Federalist #78, Article III of the Constitution, and Marbury v. Madison (1803).

Directions: Carefully read the selected excerpts from the foundational documents provided. In your own words, interpret the significance of these texts in the context of the judiciary’s power. Following your analysis, craft a definition of judicial review that reflects your understanding of its role and importance in the legal system. 

Document	Text	In your own words, explain the meaning of the text.
Federalist # 78, Alexander Hamilton, 1788	“The interpretation of the laws is the proper and peculiar province of the courts. A constitution is, in fact, and must be regarded by the judges, as a fundamental law. It therefore belongs to them to ascertain its meaning, as well as the meaning of any particular act proceeding from the legislative body. If there should happen to be an irreconcilable variance between the two…the Constitution ought to be preferred to the statute, the intention of the people to the intention of their agents.”
Article III of the Constitution, 1787	Section 1 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. 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…
Marbury v. Madison Decision, Chief Justice John Marshall, 1803	“It is emphatically the province and duty of the judicial department to say what the law is. Those who apply the rule to particular cases, must of necessity expound and interpret that rule. If two laws conflict with each other, the courts must decide on the operation of each.”

Analysis

• All three documents discuss the Court’s role in a constitutional system and the concept of judicial review. Identify similarities in how these sources articulate the concept and justification for judicial review.
• After reviewing Federalist #78, Article III of the Constitution, and the Supreme Court decision in Marbury v. Madison (1803), does judicial review support the principle of checks and balances? Explain your answer using evidence from these texts.

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Judicial Review 

Founding Documents (Support) Graphic Organizer 

• I can define judicial review by relating the principle to foundational documents: Federalist #78, Article III of the Constitution, and Marbury v. Madison (1803).

Directions: Carefully read the selected excerpts from the foundational documents provided. In your own words, interpret the significance of these texts in the context of the judiciary’s power. Following your analysis, craft a definition of judicial review that reflects your understanding of its role and importance in the legal system.

Essential Vocabulary 

interpretation	the act of explaining, reframing, or providing the meaning of something, especially laws
peculiar	distinctive, unique, or belonging exclusively to
province	a distinct area of responsibility or control
statute	a written law passed by a legislative body
ascertain	find out or learn with certainty
vested	granted or endowed with a particular authority or right
inferior courts	courts lower in rank than the Supreme Court; this can include federal district courts and courts of appeals
ordain	to order by law or decree
expound	to explain in detail; to clarify the meaning

 

Building Context  

Federalist #78, Article III of the Constitution, and the Marbury v. Madison (1803) decision are foundational to understanding judicial review in the U.S. judicial system. In Federalist #78, Alexander Hamilton articulates the need for a judiciary to interpret laws and ensure they align with the Constitution, highlighting the concept of judicial review as essential for maintaining its supremacy. Article III establishes the judicial branch, setting the stage for this interpretive power without explicitly mentioning judicial review. Finally, the principle of judicial review was established in Marbury v. Madison (1803), in which Chief Justice John Marshall asserted the Supreme Court’s authority to nullify laws conflicting with the Constitution. The decision cemented the judiciary’s fundamental role in following the supreme law of the Constitution over and against the more temporary laws made by Congress. These texts collectively underscore the judiciary’s pivotal role in upholding constitutional governance, emphasizing its responsibility to interpret and apply the law within the framework of constitutional principles.

Caption: Alexander Hamilton

Federalist 78, Alexander Hamilton, 1788 

Text	Notes
The interpretation (meaning) of the laws is the proper and peculiar (unique) province (responsibility) of the courts.

• What does Alexander Hamilton mean by stating that the interpretation of laws is the “proper and peculiar province of the courts”?

Text	Notes
A constitution is, in fact, and must be regarded by the judges, as a fundamental law. It therefore belongs to them [judges] to ascertain (find out) its meaning, as well as the meaning of any particular act proceeding from the legislative body.

• What does Hamilton mean by the necessity for judges to “ascertain” the meaning of the Constitution and legislative acts?

Text	Notes
If there should happen to be an irreconcilable variance between the two…the Constitution ought to be preferred to the statute (law written by legislative branch), the intention of the people to the intention of their agents [representatives].

 

• What does it mean when there is “irreconcilable variance” between the Constitution and a statute? Why should the Constitution be preferred?

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Caption: Constitution

Article III of the Constitution, 1787 

Text	Notes
Section 1 The judicial power of the United States, shall be vested in (granted to) one Supreme Court, and in such inferior courts (lower courts) as the Congress may from time to time ordain (order) and establish.

• According to the Constitution, who has judicial power in the United States?

Text	Notes
Section 2  The judicial Power shall extend to all cases, in law and equity [fairness], arising under this Constitution, the laws of the United States, and treaties made, or which shall be made, under their [the courts] authority…

• How does the courts’ authority to hear all types of cases, including those about laws, equity, and treaties, impact the judiciary?

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Caption: John Marshall

 

Marbury v. Madison, (1803) 

Text	Notes
It is emphatically the province (responsibility) and duty of the judicial department to say what the law is. Those who apply the rule to particular cases, must of necessity expound (clarify) and interpret (providing the meaning of) that rule. If two laws conflict with each other, the courts must decide on the operation of each.

• According to Chief Justice John Marshall, what is the responsibility of the judicial branch?

Analysis

• All three documents discuss the Court’s role and concept of judicial review. Identify similarities in how these sources articulate the concept of, and justification for, judicial review.
• After reviewing Federalist #78, Article III of the Constitution, and the Supreme Court decision in Marbury v. Madison (1803), do you think judicial review supports the principle of checks and balances? Explain your answer using evidence from these texts.
• Checks and balances: Constitutional powers are distributed among the branches of government allowing each to limit the application of power of the other branches and to prevent expansion of power of any branch.