The Constitution as a Supreme law

The U.S. Constitution calls itself the “supreme law of the land”. This clause is taken to mean that when state constitutions or laws passed by state legislatures or the national Congress are found to conflict with the federal Constitution, they have no force.

Final authority is vested in the American people, who can change the fundamental law, if they wish, by amending the Constitution. The people do not exercise their authority directly, however. They delegate the day-to-day business of government to public officials, both elected and appointed.

The power of public officials is limited. Their public actions must conform to the Constitution and to the laws made in accordance with the Constitution. Elected officials must stand for re-election at periodic intervals. Appointed officials serve at the pleasure of the person or authority that appointed them, and ma be removed when their performance is unsatisfactory. The exception of this practice is the lifetime appointment by the president of justices of the Supreme Court and other federal judges, so that they may be free of political obligations or influence.

Most commonly, the American people express their will through the ballot box. The Constitution, however, does make provision for the removal of a public official from office, in cases of extreme misconduct, by the process of impeachment. Article II. Section 4 reads:

The President, Vice President, and all civil officers of the United States, shall be removed from office on impeachment for, and conviction of, treason, bribery, or other high crimes and misdemeanors.

Impeachment is a charge of misconduct brought against a government official by a legislative body: it does not, as is commonly thought, refer to conviction on such charges. The House of Representatives must bring charges of misconduct by voting a bill of impeachment. The accused official is then tried in the Senate, with the chief justice of the Supreme Court presiding at the trial.

Impeachment has been used on only rare occasions in the United States. The House of Representatives has voted articles of impeachment just 17 times in the history of the country.13 of the 17 persons who have been impeached were federal judges, as all seven individuals were convicted by the Senate.

(2266)

THE LAWMAKING PROCESS

One of the major characteristics of the Congress is the dominant role committees play in its proceedings. Committees have assumed their present-day importance by evolution, not by constitutional design, since the Constitution makes no provision for their establishment.

At present the Senate has 16 standing (or permanent) committees; the House of Representatives has 22. Each specializes in specific areas of legislation: foreign affairs, defense, banking, agriculture, commerce, appropriations and other fields. Every bill introduced in each house is referred to a committee for study and recommendation. The committee may approve, revise, kill or ignore any measure referred to it. It is nearly impossible for a bill to reach the House or Senate floor without first winning committee approval. In the House, a petition to discharge a bill from committee requires the signatures of 218 members; in the Senate, a majority of all members is required. In practice, such discharge motions only rarely receive the required support.

The majority party in each house controls the committee process. Committee chairmen are selected by a caucus of party members or specially designated groups of members. Minority parties are proportionally represented on the committees according to their strength in each house.

Bills are introduced by a variety of methods. Some are drawn up by standing committees; some by special committees created to deal with specific legislative issues: and some may be suggested by the president or other executive officers. Citizens and organizations outside the Congress may suggest legislation to members, and individual members themselves may initiate bills. After introduction, bills are sent to designated committees which, in most cases, schedule a series of public hearings to permit presentation of views by persons who support or oppose the legislation. The hearing process, which can last several weeks or months, opens the legislative process to public participation.

(2009)

POWER IN INTERNATIONAL RELATIONS

The United States must recognize once again, and permanently, that the power constellation in Europe and Asia is of everlasting concern to her, both in time of war and in time of peace. The U.S. will continue to depend primarily on its own national strength, for the failure of a great state to consider power means its eventual destruction and conquest. It has meant the downfall of all the empires that have been tempted by the flabby ease of unpreparedness. States are always engaged in curbing the force of some other state.

In a world of international anarchy, foreign policy must aim above all at the improvement or at least the preservation of the relative power position of the state. Power is in the last instance the ability to wage successful war, and in geography lay the clues to the problems of military and political strategy. The territory of a state is the base from which it operates in time of war and the strategic position which it occupies during the temporary armistice called peace. Geography is the most fundamental factor in the foreign policy of states because it is the most permanent. Sound foreign policy, and the design of its effecting instruments, can flow only from a secure grasp of appropriate premises for thought, declaration, and action.

There are many possible frameworks for the attempted understanding of international relations; all are not of equal worth for the comprehension of the more important features of world political processes. The academic study of international relations has taken off into self-sustained growth in a direction very largely irrelevant to what one must call the real world. This easily-demonstrated fact does not detract from the importance of other processes, sometimes only distantly related, that are eroding familiar structures in international relations.

(1829)

ELECTIONS

The US Constitution includes some general provisions on the franchise. It sets forth certain requirements for candidates running for a post of a president, vice-president, senator or member of the House of Representatives. Requirements usually concern age, residence and citizenship. The candidates who meet all these requirements are considered eligible for office. A residence qualification requires a permanent residence of an individual in order to get the right to vote. The duration of the residence qualification is, in general, a few months though it may substantially vary from state to state.

Besides, some states have the so-called literacy qualification (the voter should be able to read and speak English, he (she) must know how to interpret the US Constitution, etc. And at last it should be mentioned that in some states a poll tax is levied upon everyone who votes and this certainly discourages poor citizens and Negroes from voting. In this context, it is not surprising that not all the Americans participate in elections, including congressional or presidential elections.

The voters are registered by clerks of counties or towns and by local election commissions. When registering, the voter must produce an identification card. This is done to prevent fraud. The administration of elections is vested in an election commission which ordinarily is composed of two commissioners, one representing each of the major parties, and a third ex officio member, usually a sheriff, a county judge, or a clerk. Prior to holding primary or general election, the commission appoints election officers for each precinct and also arranges for polling places. After the ballots have been cast, they are counted and the results obtained are tabulated and returned to the election commission. (1862)

 

БИБЛИОГРАФИЧЕСКИЙ СПИСОК

Kirn E., About the USA. Delta System, 1989 – 68 p.

Longman Advanced American Dictionary. Longman, 2000.

Macmillan English Dictionary for Advanced Learners. International Student Edition. London, 2002.

Short D. et al., By the People, for the People. U.S. Government and Citizenship., Delta System, 1999- 32 p.

Гуманова Ю.Л. и др. Just English. Английский для юристов. Под ред. Т.Н. Шишкиной. - М.:1998- 78 с.

Американа. Англо-русский лингвострановедческий словарь // Г.В. Чернов и др. М., 1996.

 

 

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