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Marbury v Madison — Reading Comprehension

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D2.HIS.2.3-5
D2.HIS.3.3-5
RI.4.3
RI.4.4
W.4.2

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This passage examines the landmark Supreme Court case Marbury v Madison (1803) and its enormous impact on the United States government. The passage introduces the background of the case, the conflict between the branches of government, and explains how Chief Justice John Marshall’s decision established the principle of judicial review. Students will learn how the case empowered the judiciary to declare laws unconstitutional, strengthening the checks and balances system in the US Constitution. The passage is written for upper elementary and middle school students, and it integrates key academic vocabulary such as 'judicial review,' 'unconstitutional,' 'precedent,' and 'separation of powers.' Activities include a glossary, comprehension questions, writing prompts, graphic organizers, timeline, and both a Spanish translation and a simplified version for language support. This resource supports HSS 8.2.6, 8.3.6, and CCSS.RI.6-8.1, RI.6-8.6. Read aloud audio and Spanish versions are available to ensure accessibility and student engagement.

CONTENT PREVIEW

In 1803, the United States Supreme Court decided a case called Marbury v Madison that would forever change the role of American courts. At the heart of the case was the principle of judicial review, which is the power of courts to decide whether laws and actions are constitutional. This case established that the Supreme Court could declare laws passed by Congress to be unconstitutional, making it one of the most important decisions in U.S. history.

The conflict began when President John Adams, right before leaving office, appointed several new judges, including William Marbury. These appointments were part of a political struggle between the outgoing Federalists and the incoming Democratic-Republicans led by Thomas Jefferson. However, when Jefferson became president, his Secretary of State, James Madison, refused to deliver some of the official papers, known as commissions, to these new judges. Marbury sued Madison, seeking a legal order called a writ of mandamus to force Madison to give him his commission.

This dispute raised serious questions about the balance of power among the branches of government. The Constitution created three branches—the legislative, executive, and judicial—each with its own responsibilities. But it was not clear how conflicts between them should be resolved. The Supreme Court now had to decide whether it had the authority to order the executive branch to act, and whether the law giving it that power was itself constitutional.

Chief Justice John Marshall wrote the Court’s opinion. He faced a complex problem: if the Court sided with Marbury, it risked being ignored by the executive branch, which would weaken the Court’s authority. If it sided with Madison, it might appear to support the president’s refusal to follow the law. Marshall’s solution was both careful and creative. The Court decided that Marbury did have a right to his commission, but the law that gave the Supreme Court the power to issue a writ of mandamus in this situation—the Judiciary Act of 1789—actually went beyond what the Constitution allowed. Therefore, the Court ruled that part of the law was unconstitutional and could not be enforced.

This decision set an important precedent. By striking down a law passed by Congress, the Supreme Court established itself as the final interpreter of the Constitution. This strengthened the judiciary’s role in the American system of checks and balances. From that point forward, the courts could ensure that no law or government action could violate the Constitution.

Marbury v Madison did not make the Supreme Court more powerful than the other branches, but it did give the judiciary a clear way to protect the Constitution. Over time, judicial review has been used in many other cases to shape American law and protect individual rights. The case also demonstrated how the Constitution allows for adaptation and interpretation, helping the United States government remain strong and fair.

Interesting Fact: The words “judicial review” do not actually appear in the U.S. Constitution, but Marbury v Madison made this principle a permanent feature of American government.

Who was Chief Justice in Marbury v Madison?

John MarshallJames MadisonThomas JeffersonWilliam Marbury

What year was Marbury v Madison decided?

1803178918121791

Which law was declared unconstitutional?

Judiciary Act of 1789Bill of RightsDeclaration of IndependenceArticles of Confederation

Why did Marbury sue Madison?

To get his commissionTo change the ConstitutionTo become PresidentTo stop a new law

What power did the case establish?

Judicial reviewVeto powerImpeachmentTaxation

How did the decision affect checks and balances?

Strengthened the judiciaryWeakened the presidentEnded CongressCreated new states