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The Origins of Judicial Review
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Opening question
Teacher brief
Judicial review examines government action against the Constitution. In Marbury v. Madison (1803), the Supreme Court invalidated part of a federal statute. The case is a landmark, not the beginning of all debate or practice concerning judicial review.
Discussion prompts
Invite students to answer aloud or in writing.
- Why is it important for courts to have the power to review laws?
- How does judicial review help maintain the balance of power in government?
- What might happen if there was no way to check if laws follow the Constitution?
Quick activity
Suggested format: pairs or small groups.
Think of a rule at school or home. Now imagine if someone said that rule goes against a really important family rule or value. Discuss with a friend or family member how you would decide which rule should be followed and why.
Exit ticket
Use this as a quick written response or discussion close.
Why is judicial review a key part of how the Constitution works?
Story connection
Story connection
A fictional courtroom encounter can introduce the question of constitutional limits. Check the actual case history before assuming that an imagined scene describes Marbury or current law.
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