American Constitutional Principles

In the course of the Constitutional Convention (May, 1787), the delegates designed a new form of government for the United States, the so-called federal system.

The main principles of federal system are:

- decentralization of power

- separation of power

- checks and balances (maintaining a balance between freedom and order)

Decentralization of power means that power is shared between a central authority and regional authorities. In the United States the central authority is called Federal Government and regional authorities are state and local governments.

The Constitution limits the federal government to specific powers, such as national problems, international relations and interstate problems that involve more than one state. All other powers automatically belong to the states and local communities. The states and local communities in the US have rights that in other countries generally belong to the central government (e.g. education at any level; police force; driving laws; voting procedures; laws about drug use, capital punishment, and so on).

The state governments have much the same model as the federal government. Each state has also its constitution. But all must respect the federal laws and Constitution and not make laws that interfere with those of the other states.

Within the states local authorities must make their laws and regulations so that they fit their own state’s constitution.

So, America has a great variety in its governmental bodies. The system of decentralization of power tries to satisfy the needs and wishes of people at the local level, while at the same time the US Constitution guarantees basic rights to anyone, anywhere in America.

The theory of separation of power was developed by the French political scientist Montesquieu. The essence of the theory is that no person or body should have full control of all three functions of government. Following the theory, the Constitution of the United States provides for three main branches of government which are separate from one another – legislative (Congress), executive (President)and judicial (Supreme Court). Each branch has powers that the two others do not have (the power of Congress to make laws, the President’s power to make treaties with other nations, etc.).

In order to keep any branch from gaining too much power or from misusing its powers the Founding Fathers provided for the system of checks and balances. Under this system each branch has powers to counteract and limit any wrong actions of another branch. Thus, each body exercises control over the functions of the others.

For example, Congress has the power to make laws, but the President may veto a bill passed by Congress. Congress, in its turn, can override a veto by a two-thirds vote in each house. And finally, if Congress passes and the President signs a law, the Supreme Court has the power to declare the law unconstitutional and thus, not in effect.

Another example is that the President has the sole power to make treaties with other nations and to make all appointments to federal positions. The Senate, however, must approve all treaties and appointments before they become official. In this way Congress can prevent the President from making unwise decisions.

3. SCANNING READING. Quickly scan the text to find the following information.

1) Three principles of the United States system of government.

2) Three various governments in the United States.

3) Three functions of government.

 

4. READING FOR GENERAL UNDERSTANDING. Choose the correct alternative and complete each of the sentences below.

1. Decentralization of power means that the …

a) central government controls the state governments

b) powers of the central and state governments are specified

c) state governments have the same powers as the central government

2. The US Constitution specifies the powers of the …

a) federal and state governments

b) federal, state and local governments

c) federal government only

3. The states are allowed to have their own constitutions only if they …

a) are not in accordance with the US Constitution

b) do not fit the US Constitution

c) do not contradict the US Constitution

4. Separation of power means that each branch has …

a) powers over the other two

b) specific functions

c) full control of all three branches

5. The system of checks and balances is …

a) usurping power

b) control of power

c) misuse of power

5.WORD STUDY.

5.1 Find a word or a phrase in the text that has a similar meaning.

Paragraph 1 1 central, national government of the USA f… g… 2 government of an individual state s… g… 3 government of a local community such as county, city, township, village l… g… 4 division of power between a central authority and regional authorities d...o...p... Paragraph 3 1 system of government where powers of one branch control and limit those of the other branches c...a...b...

Paragraph 2 1 division of an organization of government b… o... g… 2 the law-making branch of government l… 3 the branch of government having authority to carry out laws e… 4 the branch of government that interprets laws j… 5 division of power among three branches of government s... o… p…

5.2 Find in the text the English equivalents for the following Russian word combinations.

В ходе конституционного съезда; разработали новую систему правления; так называемый; национальные проблемы; международные отношения; региональные проблемы; смертная казнь; издавать свои законы и постановления; соответствовать конституции своего штата; удовлетворять нужды и желания людей; гарантировать основные права; законодательное собрание; судебная система; система сдержек и противовесов; противодействовать и ограничивать; злоупотребление полномочиями; получение слишком большой власти; налагать вето; признавать закон неконституционным;

5.3 Suggest the Russian for the following. Use the context of the text to help you.

To design; to limit; to involve; to interfere with; to fit; variety; to satisfy; essence; to provide (for); to gain; to misuse; to exercise control; to counteract; to veto a bill passed by Congress; to override a veto; a two-thirds vote; to pass a law; to sign; to make treaties with other nations; to make appointments; to approve sth; to prevent;

 

5.4 Fill in the synonyms from the list.

Legislative body; to obtain; to abuse; convention; death penalty; authority; is divided;

is shared = legislature =

power = treaty =

to gain = to misuse = capital punishment =

 

5.5 Choose the words from the list to fill in the gaps.

The power; to make; to override; essence; punishment; gaining; to declare the law; checks and balances; problems; to veto; international; communities; constitution; limit;

1 national … 2… relations 3 local … 4 capital … 5 … their laws and regulations 6fit their own state’s … 7 the … of the theory

8 a complex system of … 9 to counteract and … 10 … too much power 11 … to make laws 12 … a bill passed by Congress 13 … a veto 14… unconstitutional

5.6 Fill in the prepositions from the list where necessary.

Over; to; from; with; for;

To limit sb … sth; to interfere … sth; to fit … sth; to guarantee … sth … sb; to provide … sth; to exercise control … sb (sth); to approve … sth; to prevent … sb … doing sth;

5.7 To show that you understand the words used in the text choose the best word from the list below to complete the sentences. The number in brackets says how many times a given word appears in the text.

There are a … main functions of government. These are the b …, the c …, the d … The theory of separation of powers states that these functions should be carried out by e … bodies. The British constitution does not f … to this theory. The same people are members of the g … and the h … and there are some i … functions which are carried out by the courts. The distinction is clearer in the constitution of the j … where the executive, legislative and judicial roles are performed by k … bodies. The theory is rather prescriptive than descriptive of the liberal system of government, an essential feature of which is that the l … should be m … of the n … and the o …

 

Independent, legislature (2), United States, conform, executive (3), judicial, three, different (2), judiciary, administrative, legislative;

6. READING FOR DETAIL. Read the text carefully to answer the following questions.

1) What are the main principles of the United States system of government?

2) What does ‘decentralization of power’ mean?

3) What are the governments in the United States?

4) What powers are delegated to the federal government?

5) What powers are reserved for the states?

6) How are powers of state and local governments limited?

7) What is the advantage of decentralization of power?

8) What is the essence of the theory of ‘separation of power’?

9) How is the theory implemented in the US Constitution?

10) What mechanism was provided by the Founding Fathers of the Constitution to keep any branch from misusing its powers?

11) How does the system of checks and balances work?

SPEAKING.

7.1 Define the following:

federal government / state government / local government / legislature / executive / judiciary/separation of power / decentralization of power / checks and balances

 

7.2 Without looking at the text complete the following sentences.

1) A new form of government designed in the course of the Constitutional Convention in May 1787 is called …

2) The main principles of federal system are …

3) Decentralization of power means that power is shared between …

4) In the United States there are three types of government: …

5) The Constitution limits the federal government to specific powers, such as …

6) All other powers automatically belong to …

7) The states and local communities in the US have rights that in other countries generally belong to …

8) Although each state has its government and also its constitution, all states must respect …

9) Within the states local authorities must make their laws and regulations so that they fit …

10) Separation of power means that power is shared among …

11) In order to keep any from gaining too much power, the Founding Fathers provided for the …

12) The system of checks and balances means that each branch exercises control over …

 

8. PRESENTATION. Use the information from the text and the vocabulary you have learnt in the exercises above, to describe the American Constitutional Principles.

DEVELOPMENT.

9.1* Translate the following extract into Russian in writing. Use a dictionary to help you.

“When the legislative and executive powers are united in the same person, or in the same body, there can be no liberty …. Again, there is no liberty, if the judicial power is not separated from the legislative and executive. Were it joined with the legislative, the life and liberty of the subject would be exposed to arbitrary control, for the judge would be the legislator. Were it joined to the executive, however, the judge might behave with violence and oppression. There would be an end to everything, were the same man or the same body, whether of the nobles or of the people, to exercise those three powers, that of enacting laws, that of executing the public resolutions, and that of judging the cases of individuals.”

Montesquieu, De l’Esprit des Lois

 

9.2. Learn more about the US Legislature.

a) Test your general knowledge in the quiz below.

QUIZ

1. Which of the following means legislature?

a) law-making process

b) law-maker

c) law-making body

2. Bicameral legislature means that the legislative body consists of … chambers.

a) 1

b) 2

c) 3

3. Which of the following is the United States legislature?

a) National Assembly

b) Congress

c) Parliament

4. Which of the following are the Houses of Congress?

a) the Senate and the House of Representatives

b) the Lords and the Commons

c) the Council of the Republic and the House of Representatives

5. Which of the following means legislator?

a) lawyer

b) law-maker

c) law-breaker

6. Which of the following is the building where the US legislators meet?

a) the White House

b) the Capitol

c) the Pentagon

7. Which of the following is the main function of Congress?

a) to debate

b) to legislate

c) to vote

8. Which of the following means to legislate?

a) to carry out the laws

b) to interpret the laws

c) to make the laws

9. Which of the following means legislation?

a) law proposed or made

b) international agreement

c) court decision

 

b) Now read the following text for obtaining information. Use a dictionary if necessary.

The US Legislature

The Congress of the United States is the legislative branch of the national Government and consists of two chambers or Houses – the Senate and the House of Representatives. Its existence, authority and limitations are provided by the Constitution, Article I.

The Senate, the upper chamber of the US bicameral legislature, is composed of 100 senators, two from each state without regard to density of population. Although congressional elections are held every two years, only one-third of the Senate is reelected, because Senators are elected to six-year terms, which overlap. The Vice-President of the United States presides in the Senate. The Vice-President does not participate in debates and can vote in the Senate only in case of a tie vote. The Senate also elects from among its members a president pro tempore who presides during absences of the Vice-President.

The membership of the House of Representatives, the lower chamber of the US Congress, is 435. By the Constitution each state is represented in the House according to population. In the House of Representatives all members are elected every two years. The Speaker presides over the House of Representatives. He is chosen by the members of the House.

The main function of Congress is to make the laws. The US Constitution also gives Congress the authority to levy taxes, to appropriate money requested by the executive branch of the government, to organize the armed forces, to declare war, to coin money, toproposeamendmentsto the Constitution, etc.

Under the Constitution a newly elected Congress beginsits workon the 3rd of January each odd-numbered year and continues for two years. There must be one regular session each year. Each House, under the Constitution, keeps a journal of its proceedings, called the Congressional Record. The Congressional Record contains a complete record of everything said on the floor (in the chambers)of both Houses.

Most of the work of preparing legislation is done in committee s of both chambers. There are standing (permanent) and select (temporary) committees. Each standing committee specializes in a particular area and consists of Congressmen who are experts in that field.

Under the Constitution, the Senate has some special powers, not given to the House of Representatives. The Senate approves or disapproves major presidential appointments of such high officials as ambassadors, Cabinet members and federal judges. The Senate must also ratify, by a two-thirds vote, treaties (international agreements) between the USA and foreign nations.

Notes:

tie vote – равное количество голосов ‘за’ и ‘против’

president pro-tempore – временный председатель

Congressional Record – Официальный Бюллетень Конгресса

c) Answer the questions on the text.

 

1) Why is the US Congress called a ‘bicameral legislature’?

2) Which of the two Houses is less (more) numerous?

3) How is each state represented in the Senate and in the House of Representatives?

4) How often are Congressional elections held?

5) How many Senators (Representatives) are reelected every two years?

6) Who presides in the Senate and in the House of Representatives?

7) What is the function of a president pro tempore?

8) What are the functions of Congress under the Constitution?

9) When does a new Congress commence and how long does it last?

10) What is the Congressional Record and what does it contain?

11) What is the difference between a standing and a select committee?

12) What are special functions of the Senate?

 

9.3. Learn more about the US Executive.

a) Study the following words before reading the text.

1 presidency 2 Inauguration 3 President-elect   4 disabled 5 Acting President 6 sole power 7office 8 to take office 9 to be removed from office 10 to resign 11 offences 12reprieves 13pardons 14 Attorney General 15counsels

- президентство, - инаугурация (торжественная церемония вступления в должность) - избранный, но не вступивший в должность - недееспособный - исполняющий обязанности президента - единоличная власть - зд. должность - вступать в должность - быть смещенным с должности - уходить в отставку - правонарушения - отсрочки исполнения наказания - помилования - Генеральный прокурор - советники

b) Now read the following text for obtaining information. Use a dictionary if necessary.

The US Executive

Administration’ is a popular term to identify the executive branch of the federal government of the United States, which includes the President, Vice-President, President’s Cabinet and the personnel of the twelve departments. It is responsible for administering and executing the laws. The term ‘ government’, however, regarding the US political system, refers to all three branches.

The presidency of the United States is the highest governmental office (position). Under the Constitution, the President must be a natural-born citizen of the USA, at least 35 years old, and for at least 14 years aresident of the United States. The 20^th Amendment makes noon on January 20, every four years, the time for the beginning of presidential terms. The 22^nd Amendment limits the President to two terms. At noon on January 20 (‘Inauguration Day’) the President-elect takes his office and is sworn to preserve, protect, and defend the Constitution of the United States. The President can be removed from office by impeachment proceedings.

The President performs many important functions in the exercise of his office. He is the Chief of State, Chief Executive and Commander-in-Chief of the Armed Forces. He is empowered to appoint heads of executive departments, diplomats, and federal judges. These appointments, however, must be approved by the Senate. He has sole power to sign treaties with foreign nations, with the advice and consent of the Senate andgrants reprieves and pardons for offences against the United States. The President participates directly in the legislative process – he is empowered to approve any bill passed by Congress by signing it or disapprove and veto it.

The President and Vice-President are elected as a team by the population every four years. Under the Constitution, the only duties of theVice-President are to preside over the Senate; to vote in that body in case of a tie; and under the 25^th Amendment, to help decide whether the President is disabled, and if so, to serve as Acting President. However, if the President dies, resigns or is removed from office, the Vice-President becomes President. The Vice-President tends to be the forgotten man of American politics, because of his lack of power.

The US President is assisted in administration by a Cabinet of 10-12 members. All members of the Cabinet except one, the Attorney General, are called Secretaries: Secretary of State, Secretary of the Treasury, Secretary of Defense, and others. American Secretaries correspond to European ministers. Cabinet officials are appointed by the President and serve during his term. The members of the Cabinet are all heads of the executive departments.

Currently there are 12 departments within the Executive branch. Among the most important departments are the State Department, responsible for American foreign policy; the Department of Defense or the Pentagon; the Department of Justice headed by the Attorney General, etc.

In addition to Secretaries, the President has the so-called ‘ inner Cabinet’. It is the name given to the President’s immediate assistants and various counsels (advisors) on different aspects of home and foreign policy.

 

c) Answer the following questions.

 

1) What is a popular term to identify the executive branch of the US federal government?

2) What does the term ‘government’ refer to?

3) What is the composition and function of the US executive?

4) What is the highest governmental office in the United States?

5) Who can qualify for the presidency?

6) When does the President’s term of office begin? How long does it last?

7) To how many terms does the Constitution limit the President?

8) What are the President’s functions and powers?

9) How are the powers of the President limited?

10) How is the Vice-President of the United States chosen?

11) What are his constitutional duties?

12) What is the role of the Vice-President in American politics?

13) What body assists the President in administration?

14) Who appoints Cabinet officials and how long do they serve?

15) What does an ‘inner Cabinet’ mean?

UNIT III
THE UNITED KINGDOM SYSTEM OF GOVERNMENT

FIRST READING OF THE TEXT.

1.1 Skim the text for general contents.