Teaching students about landmark Supreme Court cases can be an enriching and engaging experience. One such case is Cohens v. Virginia (1821), which is an important landmark in American constitutional law and often compared to other cases, like Marbury v. Madison (1803). In order to effectively teach students about the difference between these two cases, it’s vital to highlight the main aspects and implications of each one. In this article, we’ll explore the core differences between Cohens v. Virginia and Marbury v. Madison, and how they shaped American judiciary.
1. Background: Begin by providing students with a brief background on the legal disputes at stake in both cases.
– Cohens v. Virginia involved the authority of the federal government over state governments. The issue in this case was whether Congress had the constitutional authority to authorize lotteries in states that themselves had banned lotteries.
– Marbury v. Madison, on the other hand, centered around a dispute over the appointment of a federal judge, William Marbury, during the final days of John Adams’ presidency.
2. Judicial Review: Teach students about the notion of judicial review and how each case contributed differently to its development.
– In Marbury v. Madison, Chief Justice John Marshall established the principle of judicial review, which means that the U.S Supreme Court has the authority to determine if laws passed by Congress are constitutional.
– While judicial review was not a new concept in Cohens v. Virginia, it reinforced the Supreme Court’s power even further by extending it over state laws and state courts.
3. Federalism: Explain how these two cases affected American federalism – the relationship between state governments and federal governments.
– Marbury v. Madison specifically tackled judicial review and did not establish any direct implications regarding federalism.
– However, Cohens v. Virginia deepened the federal-state dichotomy; it clarified the scope of the federal government’s power and jurisdiction over state laws, thereby establishing the Supreme Court as the ultimate authority when interpreting the Constitution.
4. Decision Outcomes: Make sure students understand what happened in each case and how these outcomes reflected upon their respective issues.
– The court ruled against Marbury in Marbury v. Madison, pointing out that the Judiciary Act of 1789 had authorized the Supreme Court to exercise powers beyond its permissible limits according to the Constitution.
– In contrast, Cohens v. Virginia saw a ruling against the Cohens brothers because they had violated Virginia state law by selling lottery tickets, despite Congress having authorized it.
Conclusion
Teaching students about Cohens v. Virginia and how it differs from Marbury v. Madison is an excellent opportunity to illustrate important concepts such as judicial review, federalism, and constitutional interpretation. By highlighting these key aspects and their implications on modern American judiciary, students will develop a better understanding of the foundations of American legal systems and how past legal disputes continue to shape our nation today.
