The Constitution as Supreme Law

The US 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 accord with the Constitution. Elected officials must stand for re-election at periodic intervals. Appointed officials serve at the pleasure of the person or authority who appointed them, and may be removed when their performance is unsatisfactory. The exception to 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 case 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 bode: it does not, as in 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 officials is then tries 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. Thirteen of the 17 persons who have been impeached were federal judges, as well all seven individuals convicted by the Senate.

 

Vocabulary notes

final authority окончательное судебное решение

be vested переходить во владение

exercise one’s authority directly прямо осуществлять власть

conform to the constitution соответствовать конституции

make provision for the removal создать условия для смещения официального

of a public official лица

in cases of extreme misconduct в случаях серьезного нарушения

misdemeanor мисдиминор (наименее опасные преступления)

 

Task 2. Match the words with their definitions

1. draft a. to be given control over something or the power to do something

2. conform to b. to change the words of a law or a legal document

3. be vested c. a piece of writing that is done early to help prepare it in its final form

4. provision d. wrong or immoral behavior in a position of authority or responsibility

5. misconduct e. the act of considering the need for something and arranging for it

6. amend f. to behave according to a group’s usual standards and expectations

 

Task 3. Make up the sentences using these word combinations

passed by state legislatures; change the fundamental law; public officials; both elected and appointed; be limited; in accord with Constitution; lifetime appointment; remove from office; impeachment; bring charges of misconduct

 

Task 4. Find the word phrases with the following special terms in the text

federal, supremacy, fundamental, authority, appointment, official, impeachment, trial, conviction

 

Task 5. Agree or disagree

1. The people exercise their political authority directly.

2. Justices of the Supreme Court may be free of political obligations or influence.

3. Impeachment is a charge of misconduct brought against a justice of the Supreme Court.

4. The accused official is then tried in the Senate.