1. 3/6 Warm Up
What is the difference between the Constitutional principles of separation of powers and federalism?

2. Both deal with the division of power, but in different ways.
Separation of powers
Divides power among the 3 branches of gov’t
Federalism
Divides power among the different levels of gov’t – local, state & national

3. Objectives To identify and define the principles of government.
Describe the Supreme Court case of Marbury vs. Madison and how it established judicial review.

4. Take out your foldable and leave it on your desk.
Make sure you put your name on it!

5. Which branch should decide?
What can the people do about this?
Could we have a workable government without judicial review?
Scenario The Congress passes a law that says all citizens who were not born in this country must return to their country of birth within one month. The president signs the law and says he will have the armed forces help enforce compliance.

6. How the Supreme Court acquired the power of judicial review
Marbury vs. Madison

7. Marbury v. Madison Vocab
Judicial Review: the power to declare an act of Congress or the President unconsitutional
Null and void: not valid and not to be enforced

8. Marbury v. Madison
Fill in the roles of each person in the case as you read the background.
Who do you think will win: Marbury or Madison?

9. Constitutional questions
When a case goes before the Supreme Court, it must ask the court to answer a constitutional question.
In other words, you have to ask them to find the answer to your question in the Constitution.
Marbury asked the Supreme Court 3 question.
John Marshall answered those questions in the court’s opinion
An opinion is the decision of the court written and published.

10. Marbury v. Madison Decision
Has the applicant a right to the commission he demands? 
Put a box around the answer to this question.
If he has a right, and that right has been violated, do the laws of his country afford him a remedy? 
Underline this answer.
If they do afford him a remedy, is it a mandamus issuing from this court?
Circle this answer.

11. Marbury v. Madison
Article III, Section 2 lays out the original jurisdiction of the Supreme Court
"In all Cases affecting Ambassadors, other public Ministers and Consuls, and those in which a State shall be a Party, the supreme Court shall have original Jurisdiction."

12. Supreme Court & the Constitution
How did Marshall justify giving the Supreme Court the power of judicial review – it still needs to relate to powers that already exist in the Constitution?

13. M v. M Extravaganza! Choose from the following assignments:
A comic strip that follows the steps of the court case (at least 8 frames).
Write a letter to Chief Justice John Marshall explaining whether you agree or disagree with his decision and why (at least 3 paragraphs).
Write an acrostic poem for “Judicial Review” that highlights the court case & principle. You can be creative on some letters as long as you include all relevant information!

14. Is this cruel and unusual punishment?
The 8th Amendment prevents the government from giving people “cruel and unusual punishments.” But what does that mean? How do you know when a punishment is “cruel” and “unusual”?
A person is sentenced to death for murder. On the first try, the electric chair shocks the prisoner but does not kill him. They put the prisoner back in his cell, fix the chair, and plan to try again later.
Is this cruel and unusual punishment?

15. NO! Louisiana ex. rel. Francis v. Resweber
The Constitution protects against a cruel method of execution. Just because an accident happened the first time does not make the method cruel. Nobody intended to cause the prisoner to suffer unnecessary pain.