Alex Parker ED 331-01 Lesson Plan III

Unit II - The Marshall Court and Judicial Review I. Benchmark/Standard 8 U4.1.4: Establishing a National Judiciary and Its Power Explain the development of the power of the Supreme Court through the doctrine of judicial review as manifested in Marbury v. Madison (1803) and the role of Chief Justice John Marshall and the Supreme Court in interpreting the power of the national government (e.g., McCullouch v. Maryland, Dartmouth College v. Woodward, Gibbons v. Ogden). Behavioral/Objective II. Behavioral/Objective: Using several options available through differentiated instruction, students will be able to understand the concept of judicial review and how the Marshall Court established the power of the Supreme Court by identifying a minimum of two major court cases and their rulings during the years of Chief Justice John Marshall (1801-1835). III. Anticipatory Set The teacher will open up the lesson by reviewing the Judicial Branch and the meaning of judicial review. Next the teacher will give students an additional visual by having them take part within an example of judicial review with their own opinion. IV. Objective/Purpose Todays lesson is about a topic we discussed within the last unit, the Judicial Branch. If you remember, the Judicial Branch is the branch of the United States government that interprets the laws our government makes. It does not create them and does not enforce them. The Judicial Branch uses its power through the idea of judicial review, more simply said as reviewing and making official decisions on laws through court cases brought before them in the Supreme Court. In all cases, laws are seen to be constitutional or unconstitutional due to the number of 9 Justices. Now to give you an idea on how judicial review works; lets make a decision ourselves as an entire class with this example. V. Input a. Task Analysis - Time Frame: 59 Minutes

i. The Teacher will open up the lesson with the recollection of the Judicial Branch, its use of the power of judicial review, and why it is important to look at all the evidence before decisions are made. ii. The teacher will then have the students take part in the example scenario provided. Given response cards with the options constitutional or unconstitutional and why on the bottom (and an explanation of what each one means), students will listen to the scenario given to the teacher. Response cards will be collected. iii. Teacher will explain that judicial review takes more than one person to make decisions and that the students have demonstrated that through the use of the cards. iv. Teacher will go on to explain how judicial review and the Supreme Court were established through the history of the Marshall Court or the years of Chief Justice Marshall. Marbury v. Madison (1803) will be the primary court case discussed in the form of a YouTube video with student discussion. McCulloch v. Maryland (1819) will also be mentioned in another YouTube Video, also with student discussion. v. Teacher will have students get into groups of two or three of after being given a number from 1 to 9 (depending on class size). Groups are each given another scenario (created by the teacher) of a law that is brought before the Supreme Court for review. Each group will assign a member to be Chief Justice in this step. vi. Students need to make a decision on whether the law they are reviewing is constitutional or unconstitutional and will be required to provide evidence to back up their decision. Some laws given to the students will require them to review the Bill of Rights from their notes as well. Students will have the option to use the response cards in the beginning scenario to make their decisions. As an alternative, those students who do not wish to take part in this group activity will be able to complete a fill in the blank handout of several cases given to the groups giving their answers or decisions in that form. vii. Teacher will recite each scenario in a short summary and ask the verdict or decision that the Supreme Court groups have made by asking the Chief Justice of each group. viii. The students will be given an exit slip with a list of court cases with matching definitions (only two will match) and reflection to fill out to reflect on the days lesson. b. Thinking Levels

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VII.

VIII.

i. Comprehension - Students will interpret what judicial review means and how it is used for making decisions on court cases of the Supreme Court. ii. Analysis - Students will investigate the information given in the scenarios given by the teacher as a class and as a group to examine information regarding the law that is up for judicial review. iii. Evaluation - Students will decide whether laws given in scenarios are constitutional or unconstitutional through the power of their group using judicial review. c. Learning Styles i. Spatial/Visual - Students will view the history of the Marshall Court and judicial review through a PowerPoint presentation and view two videos on two significant court cases that established the Supreme Court and the concept of judicial review. ii. Verbal/Audial - The teacher will explain the information in the PowerPoint and read the opening scenario and closing scenarios. Students will also hear the audio of the videos on the two court cases. iii. Logical - Students will require critical thinking when making their rulings on the laws provided to them for judicial review. iv. Interpersonal - Students will work in groups to make critical decisions on court case scenarios given to them. d. Methods and Materials i. Ways of presenting - lecture, flash cards, video clips, PowerPoint, class and group discussion. ii. Materials needed - PowerPoint, response cards (flash cards with multiple answers), video clips, scenario handouts, and fill in the blank handouts for independent work (optional for students who wish to not take part in the group activity). Modeling a. Teacher will explain about the judicial branch and how judicial review works through the use of the opening scenario where the students decide if the law in that scenario is constitutional or unconstitutional Check for Understanding a. Teacher will walk around room during the group discussion period b. Students will give evidence to back up their decisions on the court cases provided to them in the Supreme Court group activity. c. Students will answer the exit slips by matching the court cases talked about and answering a few reflection questions. Guided Practice a. Beginning of Lesson - teacher will explain how judicial review works with the opening scenario for all students to decide upon.

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X.

Independent Practice a. Group work - Court Case decisions with assigned number groups. b. Independent work - Students not wishing to do a group discussion can fill in the blank handout with court cases and choose C for constitutional or U for unconstitutional. Explanations for each term will be on the bottom of the handout Closure Students are given an exit slip to match two court cases that was talked about and to reflect upon what they learned in the lesson for the day. The teacher will collect the exit slips to view students overall understanding of the lesson.

XI.

Additional information a. Marbury v. Madison (1803) Video URL: http://www.youtube.com/watch?v=n7t0SKfHbSQ b. McCulloch v. Maryland (1819) Video URL: http://www.youtube.com/watch?v=8iIlVrzvCH8