Bench Power Reader
Bench Power Reader
Subject: American Government
Unit: The Judicial Branch
Name:
Date:
The Responsibility of the Court
The primary responsibility of the Supreme Court is to judge whether the laws and actions of Congress and the President are administered fairly. This function is known as judicial review, but that term appears nowhere in the Constitution. This important power was developed through interpretation, landmark decisions, and a constitutional amendment.
Types of Federal Courts
Article III of the Constitution calls for the establishment of a Supreme Court and other lower federal courts. But like many aspects of the Constitution, the meaning of Article III—and its implementation—was left open to interpretation by Congress.
The Constitutional Courts
Created by the Constitution to exercise broad judicial power of the United States. Includes 94 District Courts and 12 U.S. Courts of Appeals.
The Special Courts
Created by Congress to hear cases involving specific expressed powers. Includes U.S. Tax Court and Territorial Courts.
Annotation Task
Star the sentence that defines "judicial review."
Annotation Task
Circle the two types of federal courts mentioned.
Turn and Talk
If Article III says we need a Supreme Court but doesn't explain how it should work, who decides the details?
Sentence Frame:
"According to the text, the responsibility of determining the details of Article III belongs to ________."
Powers Defined Through Interpretation
The first Congress passed the Judiciary Act of 1789, establishing the Supreme Court, 3 circuit courts, and 15 district courts. Congress also appointed a Chief Justice and five associate justices to serve on the Supreme Court. Yet the Court’s powers were still largely undefined. Through the Court’s interpretation of the Constitution in particular cases, its powers were gradually defined. The first three Chief Justices had little impact on the direction of the Court. But the actions of the fourth are still felt today.
Landmark Case Defines Judicial Review
On February 17, 1801, President John Adams, a member of the Federalist Party, lost his bid for reelection to Thomas Jefferson, a Democratic-Republican. Even before the presidential election was decided by the House of Representatives, it was clear that the Federalists also lost control of Congress. For the few months before the new President and Congress took office, Adams and his party still had control. Adams used that time to take actions that would bolster the Federalist position in government.
Adams Packs the Courts. President Adams persuaded Congress to pass the Judiciary Act of 1801, which gave him the power to appoint new federal judges. Adams appointed 39 new judges who shared his political beliefs and who would likely oppose Jefferson’s policies. But at the end of his term, Adams’s secretary of state had failed to deliver three of the commissions for the new posts. One of the commissions was for William Marbury.
Annotation Task
Underline the goal Adams had for "packing the courts."
Stop and Jot
Why was the timing of Adams' appointments so controversial?
Sentence Starter:
"Adams' actions were controversial because he made these appointments after ________ but before ________."
Madison Denies Marbury's Commission
When Jefferson became President in March 1801, he discovered the undelivered commissions and instructed his secretary of state, James Madison, to refuse the appointments. William Marbury, angry and frustrated, took his case to the Supreme Court in an attempt to gain his post. He asked the Court for a writ of mandamus, forcing Madison to make him a judge.
Marshall's Ruling
Chief Justice John Marshall sympathized with Marbury but ruled that the Judiciary Act of 1789, by which Congress gave the Supreme Court the power to issue a writ of mandamus, was unconstitutional. In Marshall’s opinion, Congress could not give the Court this power; only the Constitution could, and that document said nothing about it.
William Marbury never became a federal judge. But the Court’s ruling in Marbury v. Madison established a very important precedent, which has served as a guide for later cases. Marshall interpreted the Constitution to mean that the Court had the power of judicial review and could overturn laws that it determined to be unconstitutional. Marshall pointed out that the Constitution is the “supreme law of the land” and that the Supreme Court has the final say over what is, and is not, in accordance with the Constitution.
Annotation Task
Box the sentence that explains the "precedent" set by this case.
Stop and Jot
In your own words, why did Marshall say the Judiciary Act of 1789 was unconstitutional?
Sentence Starter:
"Marshall argued it was unconstitutional because Congress tried to give the Court power that ________."
Court's Power Expanded After the Civil War
The influence of the Supreme Court was further expanded after the American Civil War. Two important occurrences contributed to the Court’s increased authority.
Ex parte Milligan. In 1866 the Supreme Court made a ruling in the case Ex parte Milligan, which means “on behalf of Milligan.” Milligan was a northerner who supported the Confederate cause and was accused of encouraging rebellion in Indiana. President Abraham Lincoln issued a military order for his arrest. Milligan’s lawyers, however, argued that Lincoln had violated a constitutional protection against unjust arrest and imprisonment.
The Constitution says that during wartime, the federal government can impose military rule and suspend courts’ ability to issue writs of habeas corpus. Lincoln had done just that in 1861, when the Civil War erupted. But the Supreme Court ruled that neither the President nor Congress has the right to suspend habeas corpus throughout the United States, unless the whole country is the scene of actual fighting.
The Fourteenth Amendment. In 1868 the states ratified the 14th Amendment, which requires states to obey federal laws. This amendment increased the jurisdiction, or authority, of the Supreme Court. The 14th Amendment had little impact until the 1920’s, however, when the Court began to use it to rule on the constitutionality of state laws as well as federal laws.
Annotation Task
Circle the two ways the Court's power expanded.
Turn and Talk
How did the 14th Amendment change who the Supreme Court could monitor?
Sentence Frame:
"Before the 14th Amendment, the Court mostly monitored federal laws; afterward, they could also monitor ________ laws."
1
Section Review
1. Defining Constitutional Terms
Write a brief definition for each of the following terms.
a. landmark
b. commission
c. writ of mandamus
d. precedent
e. writ of habeas corpus
f. jurisdiction
2. Reviewing Social Studies Skills: Sequencing Events
Place the items below in the order they occurred by writing numbers 1 through 5.
Ex parte Milligan
14th Amendment
Judiciary Act of 1789
Marbury v. Madison
Judiciary Act of 1801
3. Reviewing the Main Ideas
Using complete sentences, write a brief answer for each of the following questions.
a. What does the Constitution say about the Supreme Court’s power of judicial review?
Frame: "Actually, the Constitution ________ judicial review; instead, this power was ________."
b. What arguments did John Marshall use to support his opinion in the case of Marbury v. Madison?
Frame: "Marshall argued that the Judiciary Act of 1789 was ________ because only ________ has the right to ________."
c. How did the 14th Amendment increase the power of the Supreme Court?
Frame: "The 14th Amendment increased the Court's jurisdiction by requiring ________ to ________."
4. Critical Thinking Skills: Understanding the Constitution
On a separate sheet of paper, write a brief paragraph to answer the following question.
If the Supreme Court did not have the power of judicial review, how would the balance of power among the three branches of government be affected?
Paragraph Scaffolding:
Start by stating what judicial review allows the Court to do. Then, explain which branches would gain more power without it. Use transition words like "Furthermore" or "In contrast." Conclude by describing the overall stability of the government.
Bench Power Slides
Power of the Bench
Judicial Review & The 14th Amendment
Lesson 1: The Judicial Branch
The Responsibility of the Court
The Supreme Court judges if laws are administered fairly.
Judicial Review
The power to declare laws or presidential actions unconstitutional.
Federal Court Hierarchy
- 1 Constitutional Courts
- 2 Special Courts
Intro: Tasks
Page 1
Annotation
Star the sentence that defines "judicial review."
Circle the two types of federal courts mentioned.
Turn and Talk
"If Article III says we need a Supreme Court but doesn't explain how it should work, who decides the details?"
Sentence Frame:
"According to the text, the responsibility of determining the details of Article III belongs to ________."
Powers Defined: The Adams Era
Judiciary Act of 1801
President John Adams lost his reelection bid in 1801. Before leaving office, he used his power to "pack the courts."
He appointed 39 new judges who shared his political beliefs to oppose Thomas Jefferson's future policies.
Key Problem
"At the end of his term, Adams's secretary of state had failed to deliver three of the commissions... One was for William Marbury."
Adams Era: Tasks
Page 2
Annotation
Underline the goal Adams had for "packing the courts."
Stop and Jot
"Why was the timing of Adams' appointments so controversial?"
Sentence Starter:
"Adams' actions were controversial because he made these appointments after ________ but before ________."
The Precedent: Marbury v. Madison
Marshall's Dilemma
Chief Justice John Marshall ruled that a specific part of the Judiciary Act of 1789 was unconstitutional.
"Only the Constitution could give the Court this power... the Constitution is the supreme law of the land."
The Outcome
Established the first use of Judicial Review.
The Precedent
The Court has the final say on what is constitutional.
Marbury Case: Tasks
Page 3
Annotation
Box the sentence that explains the "precedent" set by this case.
Stop and Jot
"Why did Marshall say the Judiciary Act was unconstitutional?"
Bench Power Teacher Guide
Bench Power Teacher Guide
Lesson 1: Judicial Review & Historical Expansion
Total Time
90 Min
Suggested Pacing
15 MIN
Hook & Intro
Slides 1-3. Establish the role of the Court and the concept of interpretation.
20 MIN
Adams & Timeline
Slides 4-5. Discuss "court packing" and the Judiciary Act of 1801.
25 MIN
Marbury Precedent
Slides 6-7. Deep dive into Marshall's ruling and the birth of Judicial Review.
30 MIN
Expansion & Review
Slides 8-10. Civil War cases, 14th Amendment, and Section Review completion.
Instructional Script
SLIDES 1-3
"Welcome class. Today we're looking at the 'silent power' of the Constitution: Judicial Review. Open your Readers to page 1."
Key Point: Emphasize that 'Judicial Review' isn't actually written in the Constitution. It's a power the Court claimed for itself through interpretation. Ask students: 'If it's not in the book, how do we know they have it?'
Instruction: Direct students to the star annotation. Model finding the definition in paragraph 1. Monitor Turn & Talk using the sentence frame on Slide 3.
SLIDES 4-5
"Imagine you're about to lose your job. You have two weeks left. You decide to hire 39 of your best friends to work in the office next door so the new boss can't change anything. That's essentially what Adams did."
Key Point: Explain 'Court Packing' and the Judiciary Act of 1801. Focus on the concept of 'Commissions' as the legal golden tickets needed to start the job.
Instruction: Give students 3 minutes for the 'Stop and Jot' on Page 2. Remind them to use the sentence starter if they get stuck.
SLIDES 6-7
"John Marshall had a problem. If he ordered Jefferson to give Marbury the job, Jefferson might just say 'No.' If he did nothing, the Court looked weak. His solution was brilliant: he said the law Marbury was using was itself unconstitutional."
Key Point: This is the birth of the Court's final authority. The Court loses the battle (Marbury doesn't get the job) but wins the war (the Court gets the power of Judicial Review).
LEP/IEP Scaffolding
Visual Anchors
Use the icons in the slides to signal task shifts. Point to the pencil icon on the slide when it's time to write in the reader.
Sentence Frames
For students with significant writing barriers, allow them to circle the missing pieces of the sentence frames in the text rather than writing the full phrase.
Bench Power Answer Key
Master Answer Key
Resource: Bench Power Reader
Teacher Reference Only
Annotation Guide
Page 1: The Responsibility of the Court
- Star: "This function is known as judicial review, but that term appears nowhere in the Constitution."
- Circle: "The Constitutional Courts" and "The Special Courts" (in the chart or text).
Page 2: Powers Defined Through Interpretation
- Underline: "...take actions that would bolster the Federalist position in government." OR "...appoint new federal judges... who would likely oppose Jefferson's policies."
Page 3: Marshall's Ruling & Expansion
- Box: "Marshall interpreted the Constitution to mean that the Court had the power of judicial review and could overturn laws that it determined to be unconstitutional."
- Circle: "Ex parte Milligan" and "The Fourteenth Amendment."
Section Review Answers
1. Defining Constitutional Terms
a. landmark: An event or development that marks a turning point.
b. commission: A legal document that authorizes a person to perform certain official duties.
c. writ of mandamus: A document that orders a public official to perform certain duties.
d. precedent: A legal decision that serves as a guide for similar cases in the future.
e. writ of habeas corpus: A court order requiring the government to release a prisoner unless good cause for imprisonment can be shown.
f. jurisdiction: An area of authority.
2. Sequencing Events
1. Judiciary Act of 1789
2. Judiciary Act of 1801
3. Marbury v. Madison
4. Ex parte Milligan
5. 14th Amendment
3. Reviewing Main Ideas
a. Actually, the Constitution does not explicitly mention judicial review; instead, this power was developed through interpretation and landmark decisions like Marbury v. Madison.
b. Marshall argued that the Judiciary Act of 1789 was unconstitutional because only the Constitution has the right to give the Court the power to issue a writ of mandamus.
c. The 14th Amendment increased the Court's jurisdiction by requiring states to obey federal laws.
Bench Power Exit Ticket
Power of the Bench Exit Ticket
Topic: Judicial Review & The 14th Amendment
Name:
Date:
1 Constitutional Vocabulary
Match each term with its correct definition by writing the letter in the space provided.
1. Jurisdiction
2. Judicial Review
3. Precedent
A. A legal decision that serves as a guide for future similar cases.
B. The area of authority belonging to a court.
C. The power of the Court to judge whether laws and actions are constitutional.
2 Multiple Choice
4. Chief Justice John Marshall’s ruling in the case of Marbury v. Madison was significant because it —
forced James Madison to deliver commissions to all federal judges. established the Supreme Court's power to overturn unconstitutional laws. gave the President the power to appoint new judges after losing an election. confirmed that the Judiciary Act of 1789 was the supreme law of the land.
5. How did the ratification of the 14th Amendment expand the Supreme Court’s authority over the states?
It allowed the Court to ignore state borders during wartime. It required states to obey federal laws, giving the Court authority over state laws. It reduced the number of Constitutional Courts to only one federal district. It gave state governors the right to appoint Supreme Court justices.
3 Critical Analysis
6. In the case of Ex parte Milligan, why did the Court rule that Lincoln could not suspend habeas corpus in Indiana?
Support: "The Court ruled this way because the Constitution only allows suspension of habeas corpus when ________."
