Oklahoma Social Studies USG.C.4.4.B
The Standard
- USG.C.4
- Compare the legislative, executive, and judicial branches of the United States of America's government as they address the needs of the public.
- USG.C.4.4
- Describe the scope and powers of the federal judiciary as delineated in Article III of the Constitution.
Examine the Framers’ intent regarding the judiciary’s authority, including the principle of judicial review, as described by Hamilton in Federalist Paper No.78 and established in Marbury v. Madison.
Oklahoma Academic Standards for Social Studies (2026) · USG.C.4.4
Teacher's field guide
What This Standard Means
What Students Need to Do
- Students read Hamilton’s argument for why courts can reject laws that conflict with the Constitution. They explain how the Supreme Court used that reasoning in Marbury v. Madison.
What Mastery Looks Like
- A student can explain why Hamilton said the Constitution takes priority over ordinary laws. They can explain why the Court denied Marbury’s requested order and struck down part of a federal law.
Common Misconceptions
- Students may think judicial review lets judges change the Constitution or make laws whenever they disagree with Congress. Some think Marbury received his commission because the Court said he had a right to it.
How to Assess It
- Exit ticket: Why did Hamilton think courts could set aside a federal law? Why did Marbury not get the court order he requested?
Lesson moves
Ways to Teach It
Give pairs printed excerpts from Hamilton and the Marbury ruling; have them highlight each text’s reason for rejecting an unconstitutional law.
Ask: Did Hamilton think judges were above lawmakers? Have students write three sentences using one line from his essay.
Give pairs six claim cards, three from Hamilton and three from Marbury; have them sort the cards by source and explain one choice.
Post a mock state law requiring students to salute the flag; ask students how a judge would check it against free speech rights.
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