What role does the Supreme Court play in the United States constitutional order?

Guiding Questions 

• Why do the people and other branches of government defer to the Supreme Court’s authority in its interpretation of the Constitution? 
• In what ways has the principle of judicial review been utilized in Supreme Court cases? 
• When reviewing questions of constitutionality, how do Supreme Court justices make decisions? 

Objectives

• Define judicial review by relating the principle to foundational documents: Federalist #78, Article III of the Constitution, and Marbury v. Madison (1803).  
• Compare the facts, constitutional issue, holding, reasoning, decision, and opinion of two Supreme Court cases.      
• Differentiate between disagreeing with the outcome of a case and understanding the constitutional reasoning behind the decision. 

Student Resources

• Federalist 78 | Primary Source Essentials 
• Marbury v. Madison | BRI’s Homework Help Series 
• Founding Documents Graphic Organizer 
• Supreme Court Decisions Comparison Worksheet 

Teacher Resources  

• Federalist No. 78 Excerpts Annotated 
• Tenth Period | John Marshall’s Decision, Marbury v. Madison (1803) 
• The Constitution