Cultural Literacy: Marbury v. Madison

Here is a Cultural Literacy worksheet on Marbury v. Madison, the United State Supreme Court’s legal decision that established the principle of judicial review–i.e. that the Court is the final arbiter of the constitutionality of any legislation drafted and passed in this republic.

This is a half-page worksheet with three questions that serves only as on introduction to this decision and its implications. I’m not an expert in United States history, but this is clearly a big conceptual moment in the history of this nation, so I must assume Marbury v. Madison merits–indeed requires– a much deeper dive than this document affords. For example, the Court, before Marbury v. Madison, had in 1796 exercised judicial review in the Hylton v. United States case–the adducing of which would help students understand a key concept in Supreme Court jurisprudence: stare decisis, also known as precedent.

If you find typos in this document, I would appreciate a notification. And, as always, if you find this material useful in your practice, I would be grateful to hear what you think of it. I seek your peer review.

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