Texas TEKS 8.18.A

Social Studies8th GradeGovernment

The Standard

identify the origin of judicial review

Texas Essential Knowledge and Skills for Social Studies

Teacher's field guide

What This Standard Means

What Students Need to Do

Students connect judicial review to the 1803 Supreme Court case Marbury v. Madison. They explain how Chief Justice John Marshall claimed the Court's power to declare laws unconstitutional.

What Mastery Looks Like

Students name Marbury v. Madison and describe the dispute over Marbury's commission. They explain that the Court rejected part of the Judiciary Act of 1789 because it conflicted with the Constitution.

Common Misconceptions

Students may think the Constitution directly gives the Supreme Court the power of judicial review. They may also think Marbury received his commission or that judicial review means hearing appeals.

How to Assess It

Ask students to complete this exit ticket: Name the case that established judicial review, then explain what the Supreme Court did in that case.

Lesson moves

Ways to Teach It

  1. Give pairs event cards from Marbury v. Madison to sequence, then have them label the moment judicial review was established.

  2. Ask students to write: Why did Marshall deny Marbury's request yet strengthen the Supreme Court?

  3. Play a sorting game using laws, court decisions, and constitutional clauses to decide which laws a court could strike down.

  4. Show a news headline about a law challenged in court, then trace the court's authority back to Marbury v. Madison.

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