Student Resources

• Federalist 78 | Primary Source Essentials 
• Marbury v. Madison | BRI’s Homework Help Series 
• Founding Documents Graphic Organizer 
• Supreme Court Decisions Comparison Worksheet 

Teacher Resources  

• Federalist No. 78 Excerpts Annotated 
• Tenth Period | John Marshall’s Decision, Marbury v. Madison (1803) 
• The Constitution 

Engage

• Students will define judicial review by relating the principle to foundational documents: Federalist #78, Article III of the Constitution, and Marbury v. Madison (1803).  
• Start by reviewing Federalist #78, Article III of the Constitution, and Marbury v. Madison (1803). For this, you can refer to the videos and lessons provided in the Resources section of this lesson plan.
• Instruct students to fill out the Founding Documents Graphic Organizer.
  • Scaffolding Note: For additional support, another version of the graphic organizer is provided. It includes essential vocabulary and scaffolded question
• After completing the graphic organizer, share this definition of judicial review: the power of the court to rule on the constitutionality of laws and executive orders. Ask students to share how their definitions compare to the definition you shared.

Explore

• Explore  

  • Students will select and analyze two Supreme Court cases. Their task is to compare the facts, constitutional issue, holding, reasoning, decision, and opinion. In their comparisons, students will identify and explain how the principle of judicial review was used in the justices’ reasonings.    
  • Specifically, students should choose two cases that relate to the same founding principle. Here is a list of examples:  
  • Specifically, students should choose two cases that relate to the same founding principle. Here is a list of examples:  
    • Equality
      • Plessy v. Ferguson (1896) 
      • Brown v. Board of Education (1954) 
      • Loving v. Virginia (1967) 
      • Regents of the University of California v. Bakke (1978) 
      • Obergefell v. Hodges (2015) 
    • Due Process
      • Dred Scott v. Sandford (1857)
      • Mapp v. Ohio (1961) 
      • Gideon v. Wainwright (1963)
      • Miranda v. Arizona (1966)  
      • Roe v. Wade (1973)  
    • Federalism
      • McCulloch v. Maryland (1819) 
      • Gibbons v. Ogden (1824) 
      • United States v. Lopez (1995) 
    • Bill of Rights (Freedom of Religion, Speech, and Press)  
      • Engel v. Vitale (1962)   
      • Wisconsin v. Yoder (1972) 
      • Tinker v. Des Moines (1969) 
      • Citizens United v. Federal Election Commission (2010) 
      • New York Times Co. v. United States (1971)
  • Students can fill out the Supreme Court Decisions Comparison Graphic Organizer to help them organize their research.  
  • Recap the lesson with students. Remind them they have:  
    • defined judicial review by relating the principle to foundational documents.  
    • used their knowledge of judicial review to compare the facts, constitutional issue, holding, reasoning, decision, and opinion of two Supreme Court cases. 
  • Ask each student to think about their research and analysis. Provide them with the following questions for reflection. Allocate 5 minutes for students to gather their thoughts individually.
    • Reflect on a Supreme Court decision where you found yourself in agreement with the constitutional reasoning but not the outcome, or agreed with the outcome but not the constitutional reasoning.
    • What aspects of the constitutional reasoning did you find compelling, and why?  
    • Conversely, why did the outcome not align with your views or expectations?  
    • How does this distinction between the reasoning and the outcome affect your perspective on the role of the Supreme Court and its decisions?  
  • Next, pose the following open-ended question to the class, and encourage them to formulate their best responses.
    • What is the difference between agreeing or disagreeing with the outcome of a decision and understanding the constitutional reasoning behind the decision?  
  • Next, have students pair up to discuss and agree on a response to the open-ended question. Then, combine two pairs to form groups of four, and have them agree on a joint response. Continue until half the group goes head-to-head with the other half. Facilitate a class-wide discussion where these groups share and debate their responses. 
  • This reflection activity aims to deepen students’ understanding of the complexities involved in evaluating Supreme Court decisions, emphasizing the importance of distinguishing between

Assess & Reflect

• Recap the lesson with students. Remind them they have:
  • defined judicial review by relating the principle to foundational documents.  
  • used their knowledge of judicial review to compare the facts, constitutional issue, holding, reasoning, decision, and opinion of two Supreme Court cases. 
• Ask each student to think about their research and analysis. Provide them with the following questions for reflection. Allocate 5 minutes for students to gather their thoughts individually. 
  • Reflect on a Supreme Court decision where you found yourself in agreement with the constitutional reasoning but not the outcome, or agreed with the outcome but not the constitutional reasoning.  
  • What aspects of the constitutional reasoning did you find compelling, and why?  
  • Conversely, why did the outcome not align with your views or expectations?  
  • How does this distinction between the reasoning and the outcome affect your perspective on the role of the Supreme Court and its decisions?  
• Next, pose the following open-ended question to the class, and encourage them to formulate their best responses. 
  • What is the difference between agreeing or disagreeing with the outcome of a decision and understanding the constitutional reasoning behind the decision?
• Next, have students pair up to discuss and agree on a response to the open-ended question. Then, combine two pairs to form groups of four, and have them agree on a joint response. Continue until half the group goes head-to-head with the other half. Facilitate a class-wide discussion where these groups share and debate their responses.
• This reflection activity aims to deepen students’ understanding of the complexities involved in evaluating Supreme Court decisions, emphasizing the importance of distinguishing between personal agreement with outcomes and comprehension of constitutional reasoning.