The American Presidency

CONTENTS OF CURRICULUM UNIT 12.03.09

  1. Unit Guide
  1. Overview & Rationale
  2. Constitutional Powers
  3. Marbury v. Madison: The Explicit Rise of Judicial Review
  4. Jackson- Presidential Reactions
  5. Lincoln
  6. Franklin Roosevelt
  7. Conclusion and Final Thoughts
  8. Objectives
  9. Teaching Strategies
  10. Teacher Activities
  11. Reading List for Students
  12. Appendix: Standards
  13. Bibliography
  14. Endnotes

Judges, Presidents, and the People: Who Should Interpret the Constitution?

Daniel Holder

Published September 2012

Tools for this Unit:

Guide Entry to 12.03.09

In the last twenty years, legal scholars have suggested that the power to interpret the Constitution might not rightly belong to the Supreme Court. Instead, they have argued that it may, in fact, belong to the People! In my unit, I will examine a third voice, that of Presidents, to explore two essential questions: Who should interpret the constitution and whose interpretation matters? In addition to addressing these questions, my unit provides an overview of the historical forces that account for the rise of judicial review. Instead of accepting judicial supremacy as a "fact," the unit challenges students to examine competing views and arguments for why the Supreme Court either should or shouldn't have the authoritative "say" on what the Constitution means.

(Developed for U. S. History, grade 10; recommended for U. S. History, grades 10-11; U. S. Government, grade 11; and Civics, grades 10-11)

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