Task 4. Answer the questions

1. What is constitutional law based on?

2. How can law be defined?

3. What is the main principle of a constitutional lawyer?

4. How does law reflect the life of a given society?

5. In which way does constitutional law act in a stable society?

6. What does constitutional law reflect in a stable society?

7. How can we define constitutional law?

8. How are laws made?

Text 2.

Task 1. Read and translate the text

The Supreme Law of the Land

The Constitution of the United States sets forth the nation’s fundamental laws. It establishes the form of the national government and defines the rights and liberties of the American people. It also lists the aims of the government and methods of achieving them. The Constitution was written to organize a strong national government for the American states. Previously, the nation’s leaders had established a national government under the Articles of Confederation. But the Articles granted independence to each state. They also lacked the authority to make the states work together to solve national problems.

After the states won independence in the Revolutionary War (1775-1783), they faced the problems of peacetime government. The states had to enforce law and order, collect taxes, pay a large public debt, and regulate trade among themselves. They also had to deal with Indian tribes and negotiate with other governments. Leading statesmen, such as George Washington and Alexander Hamilton, began to discuss the creation of a strong national government under a new constitution.

Hamilton helped bring about a national convention that met in Philadelphia< Pennsylvania in 1787 to revise the Articles of Confederation. But a majority of the delegates at the convention decided instead to write a new plan of government – the Constitution of the United States. The Constitution established not merely a league of states but a government that exercised its authority directly over all citizens. The Constitution also defined clearly the powers of the national government. In addition, it established protection for the rights of the states and of every individual.

The Constitution consists of a preamble, seven articles and 26 amendments. It sets up a federal system by dividing powers between the national and state governments. It also establishes a balanced national government by dividing authority among three independent branches – the executive, the legislative and the judicial. The executive branch enforces the law, the legislative branch makes the law and the judicial branch explains the law. The executive branch of the national government is usually represented by the President, the legislative branch by Congress and judicial branch by the Supreme Court.

Federal powers listed in the Constitution include the right to collect taxes, declare war and regulate trade. In addition to these delegated, or expressed powers (those listed in the Constitution), the national government has implied powers (those reasonably suggested by the Constitution). The implied powers enable the government to respond to the changing needs of the nation. For example, Congress had no delegated power to print paper money. But such a power is implied in the delegated powers of borrowing and coining money.

There are some powers that the Constitution does not give to the national government or forbid to the states. These reserved powers belong to the people or to the states. State powers include the right to legislate on divorce, marriage and public schools. Powers reserved for the people include the right to own property and to be tried by a jury. In some cases, the national and state governments have concurrent powers – that is, both levels of government may act. The national government has supreme authority in case of a conflict.

The Supreme Court has the final authority to explain the Constitution. It can set aside any law – federal, state or local – that conflicts with any part of the Constitution.

 

Text 3.