Idaho Social Studies 9-12.GOV.41
The Standard
Describe the Supreme Court’s role, established by Marbury vs. Madison, in determining the constitutionality of laws and acts of the legislative and executive branches.
Idaho Content Standards: K-12 Social Studies · Function And Structure of the U.S. Political System
Teacher's field guide
What This Standard Means
What Students Need to Do
- Students explain how the Supreme Court can decide whether a law or presidential action conflicts with the Constitution. They trace that power, called judicial review, to Marbury v. Madison.
What Mastery Looks Like
- Students can explain why the Court refused Marbury's requested order and set aside the law it said gave the Court that power. Given a new case, they identify the challenged action, the constitutional conflict, and the effect of the ruling.
Common Misconceptions
- Students may think the Court writes or vetoes laws, or checks every law before it takes effect. Some think a president's actions cannot be reviewed.
How to Assess It
- Exit ticket: Congress bans newspapers from criticizing the president. Name the constitutional protection at stake and explain what the Supreme Court could do if the law is challenged.
Lesson moves
Ways to Teach It
Give pairs Article III, Judiciary Act, and Marbury request cards; have them arrange the cards to show why the Court refused his request.
Ask students to write: Should the Court block a law that voters support if it conflicts with the Constitution? Why?
Sort three scenario cards, a congressional speech ban, a presidential newspaper ban, and a private club rule, by whether constitutional review applies.
Read a short summary of United States v. Nixon and identify the presidential claim the Court rejected.
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