School Improvement in Maryland

Standard 1.0 Political Science

Topic C. Protecting Rights and Maintaining Order

Indicator 1. Examine the impact of governmental decisions on individual rights and responsibilities in the United States

Objective c. Explain the significance of the landmark U.S. Supreme Court case Marbury v. Madison which established judicial review

Selected Response Item

1998 NAEP Civics Items

The following question refers to the passage below.

When two [people] come into [the Supreme] Court, one may say: "an act of Congress means this." The other may say it means the opposite. We [the Court] then say it means one of the two or something else in between. In that way we are making the law, aren't we?

— Earl Warren, Chief Justice of the Supreme Court

The function of the Court that Chief Justice Warren described is called

  1. judicial restraint
  2. advise and consent
  3. judicial review
  4. impeachment
/toolkit/vsc/assessment_items/msa_social_studies_8_094.xml

Correct Answer:
C

Selected Response Item

1998 NAEP Civics Items

The following question refers to the passage below.

When two [people] come into [the Supreme] Court, one may say: "an act of Congress means this." The other may say it means the opposite. We [the Court] then say it means one of the two or something else in between. In that way we are making the law, aren't we?

— Earl Warren, Chief Justice of the Supreme Court

Some people are troubled by the role of the Court described by Chief Justice Warren. Which argument could they effectively use against it?

  1. It is dangerous to give nonelected officials such as judges so much power in the government.
  2. The Supreme Court makes it too difficult for the federal government to exercise its power over the states.
  3. Supreme Court judges are the members of society most capable of making decisions about social policy.
  4. The main task of the Supreme Court is to rewrite the Constitution to respond to modern problems.
/toolkit/vsc/assessment_items/msa_social_studies_8_095.xml

Correct Answer:
A

Brief Constructed Response (BCR) Item

Have the students design political cartoons depicting their opinions regarding the long term significance of the Supreme Court’s decision in Marbury v. Madison. Cartoons might address questions such as: “Is judicial review democratic?” “Does judicial review give the courts too much power?”, or “Do courts need to exercise judicial review to check the power of the legislative and executive branches?” For a guide to the elements of political cartoons, visit http://www.loc.gov/teachers/classroommaterials/presentationsandactivities/activities/political-cartoon/cag.html.

/toolkit/vsc/assessment_items/msa_social_studies_8_093.xml

View Scoring Information

Selected Response Item

Which of these best describes an effect of the Supreme Court decision in Marbury v. Madison?

  1. It gave the President veto power over Congress.
  2. It divided the government into three separate branches.
  3. It established the power to void a congressional law.
  4. It made state governments question federal power.
/toolkit/vsc/assessment_items/msa_social_studies_8_118.xml

Correct Answer:
C

Resources for Objective 1.C.1.c:
Clarifications | Lesson Seeds | SAMPLE ASSESSMENTS | Resource Links