We The People Legal Primer - Prison Book Program

First Edition Condensed May 2004
The first ten amendments have received the name “Bill of
of slavery, again took her place among the free nations proactive powers to the judiciary. The Constitution does not
Rights;” however, the name misleads people and it tends to of the world. The glorious part taken by the American empower the judiciary to initiate investigations and render
confuse those with careless thinking. The word “rights” reflects aviators of the Kosciuszko Squadron in our war against decisions on its own. To do so would have the judiciary
the old feudal concept used in England where the British
the Bolshevik hosts in 1920 has contributed further to running helter-skelter and questioning the laws of Congress
government permits its subjects to have certain freedoms.
cementing the mutual bonds between us.
and the actions of the executive as they see fit. Instead, the
However, the opposite occurs in America. Our “Bill of Rights” With eternal gratitude in our hearts, not only for your Constitution grants only reactive powers to the judiciary – it can
lists prohibitions of the government, and it defines the uses of sacrifices in blood, but also for the various kinds of aid only react to issues brought to it. Thus, contesting parties
power that the people grant and don’t grant to public officials. given by you in the name of humanity during the war, must bring issues before the judiciary in order that it may
In America, people in public office receive permission instead and, above all, for saving our children from famine and exercise its powers.
of give permission. Public officials act as the servants, and not disease — we, on the day of your national festival,
Court doctrine. In a similar fashion, a trial court hears the
the masters, of the people. People refer to them as “public desire to take part in your joy and to wish your country arguments brought before it. In the documents, testimony, and
servants.”
and your nation all possible prosperity, to the good and arguments brought before it, the parties must present their
America can rightly claim authorship to this single most
happiness of the entire human race.
complaints and arguments clearly and logically to the court.
important innovation in political principles since the beginning The many Poles who have been received by your rich The court cannot exercise the power to conduct its own
of recorded history. The American Bill of Rights continues to and beautiful land, and who have become citizens of the investigation into the legal basis for any parties’ claims. A
influence many modern charters or bills of rights in countries United States, will today raise their voice with you in court, including an appellate court, may question a party’s
around the world.
honor of their second country, to this tribute, paid by supporting argument and prompt further supporting argument
Marbury v. Madison, 1803. In Marbury v. Madison, the
over three million Polish immigrants, is added that of from the party, in order to exercise a more thorough
United States Supreme Court upheld the supremacy of the thirty million Poles, inhabiting their free motherland, who adjudication in a matter. However, courts do not normally
Constitution and stated unequivocally that the Supreme Court cry with hearts throbbing with fraternal feeling:
advance any arguments themselves. Courts must remain
neutral in all matters. The parties themselves must supply the
had the power of “judicial review” – to strike down actions
Long live the United States of America!
legal basis for their claims. Compare this neutrality with sua
taken by American federal or state legislative bodies which, in
Long live Liberty, Equality, and Justice!
sponte. Cf. sua sponte in the Latin Words & Phrases section.
its opinion, offended the Constitution. The legal profession –––––––––––––––––––––––––––––––––––––––––––––––––
generally considers this case as the most important milestone
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THE AMERICAN REPUBLIC: DIVISION OF POWER
in the history of American law since the Constitution.
THE STRUCTURE OF THE FEDERAL JUDICIARY
The people intended the Unites States of America as a
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Triple layer. The federal court hierarchy consists of three
republic and administered by representatives chosen directly
SPEECHES AND OTHER WRITINGS
layers: the trial court of general jurisdiction, known as the
or indirectly by the people to protect the interest of all the district courts; the 12 courts of appeal; and the Supreme Court.
The Federalist Papers, 1787 – 1788. The first and most people. Ultimately, any government, regardless of its name, Several other courts exercise special jurisdiction of no
authoritative commentary on the US Constitution. After the must consist of one person or a small group of persons in consequence to criminal defendants (patents, tax, bankruptcy,
Declaration of Independence and the US Constitution, it ranks power of the majority of people.
international trade, and so on).
as the third most important work in American political science. The solution of the American republic involves limiting that
In 1787 and 1788, Alexander Hamilton, James Madison and
District courts. This lowest layer of the federal judiciary
power, cutting it to an irreducible minimum without incurring
John Jay published what came to be known as the Federalist
consists of 94 federal district courts organized within 12
the dangers of anarchy.
Papers as letters under the pseudonym “Junius”in newspapers
regional circuits that cover the country, including both states
in New York City. They intended them to help explain the A person sits as head of state and, obviously, that person and territories. About half the states have one district court
Constitution (as well as condemn the Articles of
thinks, decides, acts, and judges. In this new American each. In the other states, their great volume of cases has
Confederation). in order to guarantee New York’s ratification of republic, no top official could act as a whole person. The necessitated the creation of two or more districts within each
it. By May 1788, they were also publishing the Federalist people decided to separate the main functions of government state. For example, New York and California contain four
Papers as books, and their greatest use came as a kind of into three heads (almost literally).
districts each. Further increases in cases have prompted
handbook for debaters in New York and Virginia. The
Congress to simply increase the number of judges in the
The first part (called the Congress) thinks and decides. The
Federalist Papers comment on the Constitution and not its
districts rather than adding more districts. For example, the
second part (called the Executive) orders the action. The third
Amendments and, thus, it has little use for researchers of
Southern District of New York, which contains New York City,
part (called the Supreme Court) serves as judge or referee.
constitutional rights given in the Amendments to the
has 27 judges, and the four districts in California have a total of
No monarchy or dictatorship here – no single person to make
Constitution.
42.
laws, order actions, and judge others. No. The American
George Washington’s Farewell Speech, 1797. “...The basis people granted those powers to their new government; A single judge, with a jury when rightly demanded, hear cases
of our political systems is the right of the people to make and to however, with those powers divided into three branches, and in the federal district courts. A district’s entire judiciary may
alter their constitutions of government...”
with each branch acting as a safeguard of the other two. hear, “en banc,” cases of special significance.
Ancient Law, 1861. Sir Henry James Sumner Maine. Maine Over these three heads, the American people set their
Federal magistrates. Federal district courts employ, as part
wrote this book to “indicate some of the earliest [legal] ideas of Constitution, a written document of political principles, intended of its judiciary, a system of “magistrates” – judicial officers
mankind and to point out the relation of those ideas to modern as the strongest safeguard of all. This document defined a appointed to full-time (8-year term) or a part-time (4-year term)
thought.” He employed the method of understanding facts by government run by principles and rules, and not a government positions by the district court judge. The magistrates exercise
tracing their origins and historical connections. Charles Darwin run on notions or impulses. Thus, the American Constitution the narrow powers formerly exercised by the predecessors,
used this same method of historical understanding in his “On serves as an impersonal restraint upon the persons with the United States commissioners, and broader powers
the Origin of the Species” (1859). The works of both authors human weaknesses, whom the people allow to wield their including the powers of trial where both parties so consent. 28
belongs to a wider movement of that era involving the historical partial abilities as authority over this nation of free people. U.S.C. §§631-639.
method. Although modern legal scholars agree that Ancient ––––––––––––––––––––––––––––––––––––––––––––––––– Courts of appeal. This middle layer of the federal judiciary
Law has a few inaccuracies, professors of law usually assign it
BASIC JUDICIAL DOCTRINES
consists of 12 courts of appeal – one for each of the 11
as a classic must-read.
numbered regional judicial districts and one for the District of
Supreme law. The writers and signers of the US Constitution
Emblem of Good Will, 1926. An extraordinary gift from the
Columbia:
included in it the definition of itself as “the supreme law of the
Polish people to the American people on the 150th
land.” In it, they defined that the powers of the legislatures, • 1st Circuit - Maine, New Hampshire, Massachusetts,
anniversary of the Declaration of Independence, which
judiciaries and executives, for both the federal and the state
Rhode Island, and Puerto Rico,
exemplifies the greatness of America’s government.
governments, depend from the US Constitution. This
• 2nd Circuit - Vermont, Connecticut, and New York,
Some Americans take their freedoms for granted, but the declaration, of course, refers to law. The supreme power, as • 3rd Circuit - Pennsylvania, New Jersey, Delaware, and
Poles understood what Americans have. Five and a half compared to the supreme law, always rests with the people,
the Virgin Islands,
million Poles, including the President, national and regional as described in the Declaration of Independence.
• 4th Circuit - Maryland, Virginia, West Virginia, North
officials, religious authorities, members of social organizations,
Carolina, and South Carolina,
Empowers government. The US Constitution empowers the
faculty and students at major universities, and million of
• 5th Circuit - Mississippi, Louisiana, and Texas,
three branches, or departments, of government. It empowers
schoolchildren signed the Emblem of Good Will which reads:
• 6th Circuit - Kentucky, Tennessee, Ohio, and Michigan,
the legislature with the initiative to create and modify statutes. • 7th Circuit - Indiana, Illinois, and Wisconsin,
We the People of Poland, send to you, citizens of the It empowers the executive with the initiative to interpret and • 8th Circuit - Minnesota, North Dakota, South Dakota,
great American Union, fraternal greetings, together with enforce those statutes. And it grants to the judiciary, the
Nebraska, Iowa, and Arkansas,
the assurance of our deepest admiration and esteem powers to determine controversies brought by contesting • 9th Circuit - Alaska, Washington, Montana, Oregon,
for the institutions which have been created by you. In parties.
Nevada, California, Arizona, Hawaii, Guam,
them Liberty, Equality, and Justice have found their
Separation of powers. The US Constitution grants powers
and the Mariana Islands,
highest expression and have become the guiding stars separately to each department of the government: lawmaking • 10th Circuit - Utah, Wyoming, Colorado, Kansas, and
for all modern democracies.
to the legislature, the execution of the laws to the executive,
New Mexico,
Noble Americans, you holiday is sacred not for you
and the adjudication of matters to the judiciary. No branch of • 11th Circuit - Georgia, Alabama, and Florida, and
alone.
government may exercise another branch’s power. For • DC Circuit - Washington, DC.
example, despite what poorly chosen wording newscasters A party can take an appeal from a district court to a court of
It finds a warm reverberation over the whole world, and and newspapers may use, the president does not have the appeal. These courts normally sit in panels of three judges,
especially in our motherland, Poland, which is proud of power to introduce a bill into Congress. The president must which, if the court does not have three judges available to sit,
the fact that, in that momentous hour of your history, convince a congressman, either senator or representative, to may add a district judge from within the circuit or a circuit or
when George Washington raised the banner of Liberty, introduce it. The president may also recommend legislation. district judge from another circuit. In a case of special
there stood also beside him our champions of national
Liberty – Thaddeus Kosciuszko and Casimir Pulaski. Exceptions. Well-known exceptions to separation of powers significance, all of a district’s judges will sit “en banc” to hear
exist. Congress acts with judicial powers when it impeaches the case.
The blood then mutually shed has forever united us by (tries) government officials for wrongdoings. Congress also United States Supreme Court. The United States Supreme
bonds of common feelings for the same ideal of the free acts with executive powers when it declares war upon other Court consists of nine members. Its annual term normally
man and the free nation.
countries.
begins in October and ends in June. The entire court hears
These ties have been strengthened by your participation Reactive judiciary. Note that the US Constitution grants each case, with a quorum of six, rather than a panel. The
in the Great War of 1914 – 1918 which was crowned by proactive powers to the legislatures and executives, meaning Supreme Court hears several types of cases.
a magnificent victory of truth and justice over oppression that those departments can and must use their powers upon –––––––––––––––––––––––––––––––––––––––––––––––––
and injustice. Thanks to this victory Poland, after years their own initiatives. The Constitution, however, does not grant
A free primer. For imprisoned people only, – page 7 – who can reproduce it without permission.