The Supreme Court in American Political History

Classroom Activities

Lesson For Objective 2 and 3: Marbury vs. Madison

Goal: To orient the students to the facts of Marbury vs. Madison, in order to study the case.

Objectives:

As a result of this lesson the students will be able to

1. Classify the facts of the case of Marbury through two-column notes.

2. Discuss the case in terms of its facts and its merits.

3. Evaluate the opinion of the Court in Marbury vs. Madison based on a close reading and discussion of the facts of the case.

Materials:

Board, marker, notebooks, pens, Textbooks, readings/quotes

Anticipatory Set: Day 1

At the beginning of day one students will be asked to explain (in their notebooks) the origin of the term "Judicial Review" .

Procedure: Day 1

1. The teacher will begin class by discussing/ reviewing the vocabulary that the students studied on the previous day. The teacher should draw connections between "Judicial Review" and Marbury if the students do not do so.
2. When all of the terms have been discussed, and the connection to Marbury has been established the teacher will Review the process of two column notes (See strategies) with the students explaining that they will be expected to complete two column notes for the passage they are about to read.
3. The teacher will then break the class into pairs (in a particularly high level class the students might work alone, or for further differentiation they might work in larger groups) and the students will read the section on Marbury from their text (The Americans), taking notes in the format prescribed.
4. The teacher will use this time to check in with students individually to determine their understanding of the assignment and the process.
5. The teacher will allow adequate time for completion of the notes. When they are complete, he/she will lead the class in a discussion of the case, putting the notes on the board.

Closure: Day 1

The teacher will wrap up class by leading the students in discussing the facts in general. The goal for the end of the class is to allow students to begin formulating opinions about the case material.

Homework: Day 1

For homework the students will be asked to write one page in which they suggest whether or not the court was right in the decision in Marbury as they currently understand it.

Anticipatory Set: Day 2

The students will be asked to write down 5 key facts they remember from the discussion of Marbury from the previous day.

Procedure: Day 2

1. The teacher will begin class on the second day of the lesson by reviewing briefly the facts in the case of Marbury.
2. The teacher will put the basic facts of the case on the board as they come up, as well as soliciting student opinions regarding the case.
3. Once the teacher is satisfied with the students' understanding of the facts, they will raise the questions that Marshall raised in the Marbury opinion (See strategies) leading the students in discussing each. At this point the teacher should clarify any questions the students may have regarding the questions raised.
4. The teacher will then lead the students in discussing the questions. They will have the benefit of using their graphic organizers for this portion of the discussion.
5. The students will then be broken into pairs and asked to compare the quotes (mentioned in the strategies section)- they will be asked to suggest reasons for any discrepancies they find in the quotes.
6. The teacher will lead the students in discussing this point when their work is complete and then direct them to the final quote. The teacher will lead the students in discussion of this quote as well as brainstorming reactions to the opinion itself.

Closure: Day 2

The teacher will wrap up class by briefly clarifying any questions the students have and discussing the homework

Homework: Day 2

For homework the students will be asked to write a 1-2 page evaluation of the Marbury case.

Assessment:

The students will be assessed based on their contributions, their homework and the work that they produce in class.

Lesson for Objectives 4/5: Dred Scott vs. Sanford

Goal: To orient the students to the case of Dred Scott vs. Sanford based upon the facts of the case and the reaction to the case as expressed by the Lincoln/Douglas debates

Objectives:

As a result of this lesson the students will be able to

1. Classify the facts of the case of Dred Scott through two-column notes.
2. Consider the pros and cons of the case.
3. Analyze the outcomes of the case based on primary sources.

Materials:

Board, marker, notebooks, pens, Textbooks, Lincoln/Douglas Debates resources (see resources section)

Anticipatory Set:

Students will begin class by answering the question "How did Marbury vs. Madison lead to judicial review?"

Procedure:

1. The teacher will begin the lesson by leading the students in a brief discussion of the anticipatory set.
2. When this is complete the students will once again work in pairs using their books to take 2 column notes on the facts of Dred Scott, just as they had in Marbury.
3. The teacher will then circulate to check for accuracy, and the students will take their notes.
4. When the students have finished their notes, they will be asked to discuss the pros and cons of the case, listing them and predicting public reaction to the decision.
5. When this is complete the teacher will lead the students in discussion of their findings.
6. The teacher will then explain briefly the Lincoln Douglas debates, passing out the excerpts provided.
7. The students will then use the excerpts to explain Lincoln's position, Douglas' position and their respective arguments (this may run into a second class period)

Closure:

The teacher will wrap up class by briefly leading the students in summarizing the position of both men.

Assessment:

The students will be assessed based on their contributions, their homework and the work that they produce in class.

Homework:

For homework the students will write up a brief (one page) evaluation of the opinion, explaining why it was so controversial.

Lesson for Objective 6: Writing for the Taney court.

Goal: To allow the students to explore the inner workings of the court by writing their own dissenting or concurring opinion.

Objectives:

As a result of this lesson the students will be able to

1. Explain the process by which the court reaches a decision.
2. Evaluate each side of the issue by listing the pros and the cons of either side.
3. Argue for or against the opinion of the court in Dred Scott by writing a concurring or dissenting opinion.

Materials:

Board, marker, notebooks, pens, Textbooks,

Anticipatory Set:

The students will begin class by answering the question "Was the court right or wrong in Dred Scott?"

Procedure:

1. The teacher will begin the lesson by discussing the anticipatory set with the students, taking an informal poll of the opinion of the class.
2. At this point students will be broken into small groups of 2-4 in which they will list pros and cons for both sides of the argument. In this way they will create a graphic organizer, which will help them to evaluate both sides of the issue.
3. When this is complete the teacher will go over the students' answers with the whole class, putting the pros and cons on the board for the class to see and evaluate.
4. The teacher will begin class by asking the students to "Take a Stand" following the procedure outlined in the strategies section.
5. When this is complete the students will be asked to return to their seats and outline their decision. They should provide a thesis statement, and evidence in favor of their position following the process laid out in the strategies section.
6. The teacher will use this time to check in with each student to ensure that they understand what is expected of them.

Closure:

The teacher will wrap up class by briefly reminding the students of their homework.

Assessment:

The students will be assessed based on their contributions, their homework and the work that they produce in class.

Homework:

For homework the students will have to write their first draft of their opinion.

Modifications:

This lesson might carry into a second day if there is a need for greater scaffolding of writing skills, or content.