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The Constitution of the USA




A constitution may be defined, as the system or body of fundamental principles according to which a nation or state is constituted and governed. A good example of a written constitution in this sense is the Constitution of the United States, formed in 1787. It is a relatively brief document of some 12 pages. The Constitution of the United States is the source of government authority and the fundamental law of the land. For over 200 years it has guided the evolution of governmental institutions and has provided the basis for political stability, individual freedom, economic growth and social progress.

The Constitutional Convention which was to adopt a new constitution, officially opened on May 25, 1787, in Philadelphia. The 55 delegates who drafted the Constitution included most of the outstanding leaders, or Founding Fathers, of the new nation. George Washington, the military hero of the War of Independence, was the presiding officer. In the course of the Convention the delegates created a new form of government for the United States. The Constitution set up a federal system with a strong central government. A federal system is one in which power is shared between a central authority and its constituent parts (states), with some rights reserved to each.

The United States became federated (a Federal State) because, after the War of Independence, the 13 states then in existence were too weak individually to carry on the work of government. They joined together as equals for the common convenience. Though they gave certain powers to the Federal Government, each state preserved its own independence by reserving to itself certain well-defined powers (education, taxes and finance, internal communications, etc.). The powers which are usually given to a Federal Government are those dealing with national defence, foreign policy, the control of international trade, etc.

Under the Constitution power was further divided among the three. branches of the national government: legislative (Congress), executive (the President) and judicial (the Supreme Court). Each was given its own authority.

These three powers established a so-called system of the checks and balances. This system gives each branch the means to restrain the other two. For example, the President has the power to veto acts passed by Congress, but Congress may override the veto by a two-thirds majority. But the Supreme Court has the power to declare Acts of Congress (or of any State legislature) or the actions of a President to be illegal (or unconstitutional) if they are in conflict with the Constitution.

The Constitution provided the election of a national leader, or president. In 1789 George Washington was unanimously elected the first President of the United States. It provided also that federal laws would be made only by a Congress consisting of representatives elected by the people. The Constitution set up a national court. system headed by a Supreme Court. 'This fundamental document provided the most clear example of a practical separation of the three principal branches of power.

When the Constitution was written in 1787, there were only 13 states. The drafters of the Constitution saw that the future might bring a need for changes, that is why they provided a method of adding amendments. Over the past 200 years 26 amendments have been adopted, but the basic document, the Constitution itself, has not been changed. The pattern of government planned so long ago for 13 states, today meets the need of 50 states and 60 times as many people.

But when the Constitution was first proposed and adopted, there was widespread dissatisfaction of the American people, because it did not contain guarantees of certain basic freedoms and individual rights. It also recognised slavery and did not establish universal suffrage.

Only several years later, in 1791, under the strong popular pressure, Congress was forced to adopt the first 10 amendments to the Constitution dealing with civil liberties. They were called collectively the "Bill of Rights". From these amendments the Americans received guarantees of such basic rights as freedom of speech, the press and religion, the right of peaceful assembly, freedom from unreasonable search, arrest and seizure. The Bill of Rights also deals with the system of justice: it requires that "no one shall be deprived of life, liberty, or property, without due process of law", and that "no person shall be compelled in any criminal case to be a witness against himself". Meanwhile, slavery was abolished many years later, by the thirteenth amendment (1865), and universal suffrage was guaranteed by the fifteenth amendment (1870).

Since the Bill of Rights was adopted 16 other amendments have been added to the Constitution. But the political system created by the Constitution and the Bill of Rights is basically the same today as it was in 1790.

Adopted in 1787, the Constitution was finally ratified and came into force on March 4, 1789.

Under the Constitution, no member of one branch of government may be a member of either of the two others. The President of the United States is not and cannot be, a member of Congress (the legislative branch). Any member of Congress who wishes to become President of the United States must resign from that body before accepting the Presidency (Gerald Ford resigned from Congress in 1975 on becoming President). At the same time the President may or may not be, a member of the political party with a majority in Congress. No member of the Government (the executive branch) with the exception of the Vice-President (who presides over the Senate) may also be a member of Congress.

Congress is empowered by the Constitution to remove government officials, including the President, from office, only by an impeachment process. Impeachment is a charge of misconduct brought against a government official or President by a legislative body.

Though many people contributed to writing the Constitution, three men played the leading roles, George Washington, James Madison and Alexander Hamilton. Washington's participation was the most important. His popularity as the commander-in-chief of the Continental Army, as the general who led the fight for independence, was great, and his character inspired confidence. Madison and Hamilton manifested much of the energy and practical political imagination needed for constitutional reform. The truly decisive intellectual work was done by Madison. His influence and arguments were everywhere: in the Convention debates, in the compromises, in the very language of the Constitution. Thus, James Madison, the fourth American President, who formulated the basic provisions of the Constitution, is regarded as the father of the Constitution.

Each state has its own Constitution. The State Constitutions have a similar structure with the Constitution of the United States. As a rule they include the preamble, the Bill of Rights, as well as provisions dealing with local interests: the division of powers, suffrage and elections, taxes and finance, education, etc. The federal government of the United States is divided into three main branches: the executive, the legislative, and the judicial.

Vocabulary Practice

Ex. 1. Read the international words and guess their meaning. Mind the stress.

'nation i'dea decla'ration
'articles a'nnounce demo'cratic
'federal a'rrest confede'ration
'natural   funda'mental
'dominate    
'problem    
'group    
'president    

Ex. 2. Complete the list of derivatives. Use a dictionary if necessary.

verb noun (agent) noun (concept)
     
to announce    
to find    
to divide    
to form    
to serve    
to follow Follower the following
to make    

Ex. 3. Pair the words in column A with the ones from column B.

A B
a. freedom4 1. history
b. a system6 2. ideas
c. citizen’s3 3. liberty
d. American1 4. of speech
e. the branch7 5. of property
f. key2 6. of checks and balances
g. seizure5 7. of government

Ex. 4. Decide which of the verbs you would use with the noun phrases you have identified in ex.3.

1. to compare with; 2. to find; 3. to sustain; 4. to state; 5. to protect (against); 6. to ensure; 7. to form

Ex. 5. Add adjectives to the following nouns to form noun phrases.

Nouns:        searches, announcement, condition, people, elections, authority, state, responsibilities, rights, lines, pride;

Adjectives:   direct, natural, great, loud, clear, local, new, unreasonable, free, federal, fundamental.

Ex. 6. How are the following ideas expressed in the text?

1. a paper that gives information, proof or support of something else;

2. habitually taking decisions alone;

3. freedom from control, service, being shut up, etc;

4. a written statement containing a record of something;

5. a change, made in or suggested for a rule, law, statement, etc.;

6. of or formed into a political federation;

7. a person owned in law by another;

8. the right to vote in national elections;

9. the head of government in many modern states that do not have a king or queen;

10. the choosing of representatives to fill a position, a political office, by vote.

Ex. 7. Match English and Russian equivalents.

1. to compare a.вдохновлять
2. key ideas b.закладывать основу
3. to sustain order and liberty c.право рассмотрения дела с участием присяжных
4. to lay the foundation d.конфискация имущества
5. to inspire e.сравнивать
6. freedom of worship f.разделение властей
7. the right of trial by jury g.поддерживать порядок и свободу
8. seizure of property h.предвидеть каждую проблему
9. legislative, executive, judicial branches i.ключевые идеи
10. separation of powers j.система сдержек и противовесов
11. system of checks and balances k.расширять демократическую сущность
12. to foresee every problem l.выбор вероисповедания
13. to expand the democratic nature m.законодательная, исполнительная, судебная власти
14. to abolish slavery n.расширять избирательное право
15. to widen the suffrage o. отменить рабство
16. direct elections p.прямые выборы

Ex. 8. Choose the best alternative to complete the following sentences.

1. The Declaration of Independence is more than the announcement of the upheaval / birth of a new nation.

2. The Declaration laid/marked the foundations for the Articles of Confederation.

3. The Constitution was adopted in Philadelphia/ Washington.

4. The first ten amendments stated / clarified fundamental rights of any American.

5. The most striking / unusual feature of the Constitution is the separation of powers.

6. A great deal of power is in the hands of the President / Congress.

7. The Constitution has been repeatedly amended / interpreted to meet the needs of the nation.

8. Under the American Constitution all power prevails/ belongs to the people.

9. The Constitution has served / influenced people for over 200 years.

10. Other amendments / considerations have expanded / protected the democratic nature of American society.

Discussion

Ex. 1. Complete the sentences in part A by adding the phrases given in part B.

A:

1. No document in American history can ....

2. In Declaration one can find ....

3. Devised and amended in 1787, the Articles .....

4. The Bill of rights stated the right to be protected ....

5. The most striking feature of the Constitution is ....

6. A system of checks and balances ensured ....

7. All governments and governmental groups must operate ....

8. The great framers were wise enough but ....

B:

1. against unreasonable searches

2. the key ideas of future American generation

3. compare with Declaration of Independence.

4. the division of the legislative, executive and judicial branches

5. inspired a completely new document.

6. within “the supreme law of the land” guidelines.

7. that no one branch of the government would dominate the other.

8. could not foresee every problem.

Ex. 2. Choose the best way to complete the sentences. Expand the idea.

1. The Declaration of Independence is far more than .....

a) the argument of governments.

b) the announcement of the birth of a nation.

c) the appointment of a new government

2. The Articles of Confederation were ...

a) not working well.

b) radical indeed.

c) devised and amended.

3. The Bill of Rights .....

a) stated fundamental rights of any American.

b) revised the Articles.

c) stated too few powers for defence, trade.

4. The most striking feature of the Constitution is ....

a) breaking with an age-old traditions.

b) the prevailing notion of separation of powers.

c) a new form of government

5. A great deal of power is put in .....

a) hands of the Supreme Court.

b) hands of the Senate.

c) hands of the President

6. The Constitution has been repeatedly .....

a) adopted by some status.

b) operated under federal government.

c) amended to meet the changing needs of the nation.

7. Other amendments have expanded .....

a) a vital aspect of the levels of government.

b) the democratic nature of American society.

c) local politics.

8. Those who followed the Constitution had ....

a) to strike down the unconstitutional ones.

b) to pass all laws.

c) to adapt the document to new conditions.

Ex. 3. Mark the statements which aretrue.Prove your choice.

1. The Bill of Rights stated fundamental rights of any American.

2. The Articles inspired a completely new document, the Constitution.

3. The most striking feature of the Constitution is prevailing notion of President’s powers.

4. The Constitution didn’t recognise the notion of separation of powers.

5. The system of checks and balances was of no use.

6. The Constitution still in force hasn’t been changed.

7. Under the American Constitution all power belongs to the government.

8. The framers were clever enough to recognise that they couldn’t foresee every problem.

Ex. 4. Choose someone to act as an American citizen for answering the tourists’ questions:

What do you mean by What is (are) Could you explain to me Can you tell me When was (were) Where was (were) Why is it the Declaration of Independence adopted; the place that it holds in the minds and hearts of Americans; far more than the announcement of the birth of a new nation; the key ideas of the document; the first ten amendments to the Constitution; the most striking feature of the Constitution; the function of a system of checks and balances; the oldest still in force; the great pride of the nation; the nature of other amendments.

Ex. 5. Speak on American Constitution. Include the following points:

1. The Declaration of Independence:

to compare with, to hold in minds and hearts, key ideas, free people, to form the government, natural responsibilities, liberty, to sustain;

2. The Bill of Rights:

to lay foundations, the Articles of Confederation, to devise, to amend, to inspire, to adopt, the Bill of Rights, to state fundamental rights, freedom of speech, to right of trial by jury, to protect against unreasonable searches, arrest, seizures of property.

3.  The Constitution:

striking feature, the president, a system of checks and balances, the oldest in force, “The Supreme law of the land“, to belong to the people, to foresee every problem, to adapt to new conditions, democratic nature, to abolish slavery, to widen suffrage, to make elections direct.

Grammar Practice

Articles

Ex. 1. Use the articles a/an, the,or.

1. … Countries often have … national symbols or … emblems.

2. … Britain is usually shown as ... lion or … bulldog.

3. … USA has … eagle as its symbol. Australia has … kangaroo.

4. … Countries have their own national colours, too. These are usually … colours of … national flag.

5. … patriotic colours in … Britain and … USA are red, white and blue.

6. … Companies and … political parties often use these colours to create … feeling of … national pride.

7. … flag of … U.S., popularly called … Stars and Stripes and … Old Glory, was adopted in 1777.

8. It consists of … thirteen horizontal stripes alternately red and white equal to … number of … original states with … blue union marked with … white stars equal in number to … 50 states today.

9. … red stripes proclaim courage, … white stripes proclaim … liberty, … field of blue stands for … loyalty.

10. … Coat-of-Arms of … U.S. represents … eagle with … wings outspread, holding … bundle of …rods – a symbol of administering - in … left claw, and … olive twig - … emblem of … love – in … right claw.

11. … motto on … coat-of-arms is “E Pluribus Unum” (One out of many).

12. … President of … USA is perhaps … most powerful person in … world.

13. In 1977 Jimmy Carter, … President of … United States, said, “ Because we are free we can never be indifferent to …fate of … freedom elsewhere.”

The Passive Voice

Ex.2. Use the verb in brackets in the Passive Voice

1. The federal government of the USA (divide) into three main branches: the legislative, the executive and the judicial.

2. The legislative branch of the U.S. government (vest) in Congress.

3. Congress of the USA (compose) of the Senate and the House of Representatives.

4. Members of the Senate (elect) to six-year terms.

5. Although the great bulk of committee work (do) in the standing committees, other kinds of committees (create).

6. After the final passage by both houses, the bill (send) to the President.

7. According to the written sagas of Norsemen, America (discover) about 1,000 years ago.

8. Leif Ericson, an Icelandic Viking, succeeded in reaching the American continent around the year 1,000, but his discovery (not, map) and didn’t become widely known.

9. Everybody knows that America (discover) by Christopher Columbus in 1492, who was trying to find a sea route to India.

10. The immigrants from Britain who wanted to colonise the new territory (pack) like sardines on the ships and (send) to the New World.

11. The immigrants (encourage) to settle there and (promise) land and work.

12. The early English settlements in America (found) by small groups of people, like the Mayflower immigrants. Many settlers (kill) by the Indians or died of poverty and disease.

13. The word “money” comes from the name of the Roman Godness Moneta in whose temple silver coins (made).

14. The ancient Olympic Games (hold) every four years on the island of Pelops in southern Greece.

15. In 1814, during the war with England, the White House (burn) down.

16. After the war the remains of the building (whitewash).

17. Since that time the residence of the American Presidents always (paint) white.

Ex.3. Use the verb in the proper form in the Active or Passive Voice

1. The Capitol (be) the seat of the government of the USA for two centuries.

2. The cornerstone of the Capitol (lay) by George Washington.

3. The Capitol (build) to the plans of William Thornton, an amateur architect, whose design (select) by competition.

4. The Capitol (locate) on Capitol Hill, the highest point of the city.

5. The Capitol (be) the seat of Congress. Congress first (meet) in the north wing, the Senate Chamber, which first (complete) on November 21, 1800.

6. The south wing for the House of Representatives (finish) in 1807.

7. In August 1814 the unfinished Capitol Building partly (destroy) by the fire set by invading British troops.

8. In 1827 the building of the Capitol (complete).

9. Thirty years later the building (decorate) with marble.

10. The Capitol Building (contain) 540 rooms. It is easy to get (lose) in a huge building, full of paintings and statues.

11. President George Washington (decide) that the President of the USA must have official residence.

12. It was Washington who (select) the site for the residence and (lay) the cornerstone in October 1793.

13. The building (base) on the design by Gemes Haben.

14. George Washington (die) in 1799, before the house (complete).

Ex.4. Open the brackets. Retell the text

The United States (begin) as nation of 13 states. There (be) thirteen colonies which in 1776 (declare) themselves free and independent of Great Britain and (fight) an eight-year War for Independence. On the 14th of June in 1777 the Americans (adopt) their own flag. The first American flag (have) 13 red and white stripes and 13 white stars (a star and a stripe for each one of the former 13 colonies). The new country (begin) to grow, and more states (join) to it. It (decide) that the Flag must always (have) 13 stripes. Every time a new state (join) the Union, a new star (add) to the national flag.

The flag (call) also the “Star-Spangled Banner”. The first documentary reference to the appearance of “Star and Stripes” (date) by March 10, 1774. Actually stripes (use) earlier in colonial flags. Today the original Star-Spangled Banner (keep) in the National Museum of American History.

Ex. 5. Change the sentences using the Passive Voice:

1. The Declaration of Independence laid the foundations for the Articles of Confederation (1781) – the United States’ first Constitution.

2. The first ten amendments to the Constitution, known as Bill of Rights (1791), stated fundamental rights of any American.

3. The executive, legislative and judicial branches of power compose the government of the USA.

4. A Federal Court of Appeals serves each judicial circuit.

5. Two members from each state elected for a term of six years compose the Senate.

6. The so-called «Lobbyists» play an important role in the American legislation.

7. The district courts try most of the criminal and civil cases.

8. Electors from each state elect the President of the United States for a term of 4 years.

9. The President recommends much of the legislation to Congress.

10. The President appoints Federal Judges, ambassadors to other countries.

11. During the election campaign the candidates for presidency and their parties spent much money in order to become the President of the USA.

12. Every year, on July 4 the American citizens celebrate one of their greatest national holidays – Independence Day.

Modal Verbs

Ex. 6. Read and translate the following sentences paying attention to the modal verbs and their equivalents:

1. In order to understand English Constitutional law you should study numerous documents, various statutes, judicial decisions and others.

2. You needn't look for the Constitution of Great Britain in one document; it is not codified as a whole in any particular document.

3. The English Constitution is flexible because Parliament can “make or unmake” any law by the same procedure and with the same ease.

4. Sometimes it may be said that under the English Constitution the remedy precedes the right.

5. To administer justice the Judges have to enjoy little arbitrary power because the law which they administer is defined by statutes and by judicial precedents.

6. Theory and practice are divergent and it can be seen from a number of illustrations.

7. The judges ought to act according to the law.

8. In theory certain public departments are to be controlled by boards (e.g., the Board of Trade), but the real head is a single Minister of the Crown (e.g., the President of the Board of Trade).

Ex.7. Insert the proper modal verb: can(not), may, must (not), should (not), ought (to), be (to), have (to), need(not), shall, willorthe equivalents.

1. Being a lawyer he has always been sure that things … be done according to juridical formulas which he has learned at university, and now he … not examine the case himself. He … not change anything.

2. Neither the President nor Congress … change the decisions of the Supreme Court.

3. The President, the head of the Executive Branch, … carry out the government programmes adopted by Congress.

4. After the Civil War the Democratic and the Republican parties … deal with difficult social, economic and human rights issues.

5. The Fourteenth Constitutional Amendment (1868) says, “ No State … make or enforce any law which … abridge the privileges or immunities of citizens of the United States, not … any State deprive any person of life, liberty or property, without due process of law ...”

6. To become laws bills … be approved by both Houses of Congress, but any bill passed by Congress… be vetoed by the President.

7. The Cabinet … always have the last word, the number of ministers … vary.

8. No document in American history … be compared with the Declaration of Independence adopted on July 4, 1776.

9. In the Declaration of Independence people … find the key ideas about how the Americans of that generation thought free people … live.

10. All government and governmental groups, federal, state and local … operate within the guidelines of the Constitution.

11. The monarch … to give a Bill a royal assent, which is now just a formality.

12. I wonder how many readings a Bill … receive to become an Act?

13. If you get into trouble with the police, you … ask a solicitor to help you prepare your defence.

14. If the defence … to be heard in a Magistrate court, you … ask a solicitor to appear for you and argue your case.

15. If the case goes to a higher Court, the solicitor still advises you, but you … get a barrister to appear for you.

16. The trouble is that I … not make up my mind what to do in this situation.

17. There is no common opinion about the question if we … to abolish death penalty.

18. In order to be enforced an Act of Parliament … be published in Statute form.

19. The law of the country … be analysed as a set of rules.

20. Law … appear as the highest achievement of civilisation.

21. Laws prescribe how people … to behave.

22. Law … be defined as a set of rules which form the pattern of behaviour of a given society.

23. Statute law … be used to abolish common law rules.

24. When there is no existing precedent and an Act of Parliament makes no provision for the case in question, the judge … , if necessary, create a new law.

25. … you explain when I … start business of my own?

26. Barristers … only be consulted indirectly through a solicitor.

27. Before a junior counsel … achieve a status of QC, he … be able to point to at last 10 years successful practice as a barrister.

28. Many people believe that the distinction between barristers and solicitors … be eliminated.

29. Where ... one get legal education in this country?

30. After graduating from university one … work as an investigator or notary, a procurator or a judge after some years of experience.

31. To make a good lawyer one … be present at the trials, and questioning.

32. The Lords …not reject bills passed by the Commons, but … only delay the passage of a bill.

33. To become an Act of Parliament a bill … be passed in the House of Commons, adopted in the House Lords, and finally … be signed by the Queen.

34. A would be barrister … first register as a student member of one of four Inns of Court.

35. Judges are usually chosen from the most senior barristers, and once appointed they … not continue to practice as barristers.

36. When a person has passed all the necessary exams, he … apply to the Law Society to be admitted, then he … start business of his own.

37. Whatever the Queen does … be done on the advice of the Prime Minister who is politically responsible for the Royal act.

38. The Queen … give Royal assent before a bill which has passed all its stages in both Houses of Parliament becomes legal.

39. In theory the Queen … refuse the royal assent to a bill passed by Parliament, but no monarch has actually done so since the year of 1708.

40. There is a principle of English law that the monarch … do nothing that is legally wrong, that is Queen Elizabeth is above the law.

Ex. 8. Read and translate the sentences paying attention to the pronoun one.

1. The government of the USA is composed of three branches: the executive one, the legislative one, and the judicial one.

2. The district courts are the lowest ones in the Federal court system.

3. The constitutional system of each particular state is the one which is similar to that of the entire nation.

4. One can say that lobbyists in the American legislation are very often more influential than the Congressmen.

5. Each voter in the US is in front of the choice between the candidates of two opposite parties: the republican one and the democratic one, whose political platforms are practically alike.

6. One should say that politics in the USA as in many other countries is “a commercial enterprise as any other one”.

7. In some countries the more money one can pay, the better lawyer one can have.

8. The USA is divided into 50 states; each one has its own constitution.

The Sequence of Tenses

Ex. 9. Use the proper form of the verb applying the Sequence of tenses rule.

1. I was explained that an individual (may, carry on) his business in his own name or in the name of a company.

2. He found out that there (be) three types of business structure - individual ownership, partnership and corporate ownership.

3. Statistics showed that only a minority of the population (work) in business for itself; most of them (employ) working for others.

4. Mr. Brandon understood that the will (must, be) the act of the testator expressing his wishes and his instruction and it freely (must, make) by him without domination, fraud or undue influence.

5. The lawyer told me that there (exist) many kinds of agreement made and each of them (differ) in its special features.

6. I knew that I (should, be) well prepared before we (reach) the point of negotiations.

7. The counsel said that once I (agree) to certain terms and provisions in the contract, I (bind) by them.

8. I knew that laws (may, vary) from state to state in the USA.

9. Did you know that the United State Constitution (vest) judicial power in the Supreme Court and interior courts which Congress (may) establish?

10. It was interesting to know that many courts in the USA (institute) arbitration and pre-trial procedures to settle and adjust cases before trial.

11. I saw that the plaintiff (give) the right to make his “opening statement” before the defendant (give) such a right.

12. Not long ago I learned that some states in the USA (reduce) the number of jurors from 12 to 6 in civil actions.

13. The US Constitution declares that no law (shall, pass) which (violate) the rights of the people against unreasonable searches and seizures.

14. A law which prohibited the sale of liquor (cannot, affect) those sales which (be) legal before the law (pass).

15. The higher court recognized that an error (make) and (return) the case to the lower court for a new trial.

16. He knew if he (fail) to convince the appellant court, the judgement of the lower court (affirm) and (compel) to comply with its decisions.

 

Ex. 10. Read the statements and the questions, then ask and answer the questions in reported speech, applying the Sequence of tenses rule.

1. “Everyone pays taxes of one kind or another in the USA.”

What did you say to them?

2. “Each state has established an unemployment insurance program with federal financial participation.”

What did you read in the newspaper?

3. “The US government has made great progress through legislation to promote business productivity and to achieve financial stability.”

What did the newspapers report?

4. “Were the rights to life, liberty and property granted to the people by the US Constitution?”

What did he ask you?

5. “The US Constitution authorizes the establishment of the patent and copyright legislation in order to promote the progress of science and the useful arts.”

What did you want to say?

6. “Patents are issued to grant the inventor exclusive rights to produce, use and sell his invention for a specific period of time.”

What did he tell you?

7. “You should keep accurate records of your transactions and your property and a list of those persons who are responsible for them.”

What did he advise?

8. “If your actions violate the rights of others or if they threaten the peace, safety and welfare of the community, you may be subjected to punishment or penalty after a fair trial.”

What did he explain to them?

9. “Every person has the right to protect any of his rights which he feels has been violated.”

What did he say to you ?

10. “Generally, discrimination against women is not based on law but rather on practice.”

Did you believe his explanation?

11. “Women have equal legal rights with men as it was guaranteed by the US Constitution.”

What did the US Constitution guarantee ?

12. “A person may not be prosecuted twice for the same offence.”

Did you know that … ?

13. “The right of an accused to have the assistance of counsel to defend him is essential and fundamental to a fair trial.”

What were you explained?

14. “When arrested, the accused must be given an opportunity to obtain counsel.”

What did he say?

15. “Freedom of speech and freedom of the press are both cornerstone of democratic Institutions.”

What did he explain to you?

Text B. Read the text and get ready to discuss the contents.

Congress

Congress is the legislative branch of the national Government of the United States, in effect, the national legislature, and consists of two branches – the Senate and the House of Representatives. Its existence, authority, and limitations are provided by the Constitution, Art. I, which begins as follows:

"All legislative powers herein granted shall be vested in a Congress of the United States, which shall consist of a Senate and a House of Representatives."

The function of the legislative branch of the government is to make the laws and to finance the operation of the government through levying taxes and appropriating money requested by the executive branch of the government.

"Upper" and "lower" are commonly applied to the two branches of a bicameral legislature, the upper being the less numerous and higher in rank of the two.

In point of time, a Congress commences on January 3 of each odd-numbered year, and continues for two years, regardless of the number of regular or special sessions held. There must be one regular session each year.

A session of Congress usually means that both Senate and House are in session, i.e., meeting for the transaction of business. The President may on extraordinary occasions convene both Houses, or either of them.

Congress must hold an annual meeting, commencing normally on January 3.

The time of meeting is fixed by each House. Under standing order, the House ordinarily meets at 12 o'clock noon and usually remains in session until 5 or 6 p. m.

A Congressman is a member of either the Senate or the House of Representatives. However, a member of the Senate is usually referred to as a Senator and a member of the House as a Congressman. The official title of a member of the House is "Representative in Congress".

The 100 senators and the Vice-President are provided with offices in the building about 150 yards north-east of the Senate, the wing of the Capitol. The 435 members of the House, except the Speaker and party leaders (who have offices in the Capitol building) have offices in two buildings about 150 yards south of the capitol.

Both Houses have visitors' galleries. Visitors are subjecte to control by the presiding officers of these two Houses, and the galleries may becleared in case of disorder. In the Senate chamber the galleries are cleared when the Senate goes into executive session.

Special spaces are set-aside for representatives accredited to the press gallery, the radio and TV gallery. There is a special gallery provided in both the House and the Senate chambers for foreign diplomats.

Newspaper correspondents of foreign countries are allowed in the press gallery. But a correspondent from a foreign country must first submit an application which then must be certified by his own country's embassy in Washington and by the State Department.

There are no specifically defined duties for a member of Con­gress. He is required to be present when Congress is in session unless he is excused to perform official business elsewhere or because of illness.

From the outset there arose in the United States a system of two major political parties, and this two-party system has dominated the political life of the country. The two major parties are the Democratic Party and the Republican Party. Although political rivalry between these two parties is very keen, there is greater difference between the groups of conservatives and liberals within the same party than there is between the two parties.

The chief functions of a party are to organise elections and, when in the minority, to keep a check on the party in office. These two parties exercise control by means of caucuses and conferences.

Democrats hold a party caucus and may bind the members to vote a certain way on a bill, if two-thirds vote in favour of being bound.

The Republicans hold a party conference instead of a caucus, and their members cannot be bound except on matters pertaining to party organisation.

There is a majority leader and a minority leader. In talks on the floor, members do not usually refer to Democrats and Republicans. It is more dignified, it seems, to refer to the majority and the minority. The majority leader has the more influence, of course, since he has the majority of the membership back of him.

The leader is all the title implies. He leads in party debates. He brings forward party programs and policies. His advocacy of, or opposition to proposed legislation, indicates the party preference. The majority leader has much control over what legislative programs come up and when.

Each House, under the Constitution, keeps a journal of its proceedings. The Congressional Record contains a complete record, as taken stenographically, of everything said on the floor of both Houses, including roll calls on all questions. An appendix contains material not spoken on the floor but inserted by permission — the so-called extension of remarks. It also carries a brief resume of the congressional activities of the previous day, as well as a future legislative program and a list of scheduled committee hearings.

"Bill" is the technical designation of a measure introduced in either House, and until it has been passed by that House. At that point it is reprinted as an act, i. e., an act of one branch of the Congress. The term "act" is, however, popularly used in referring to a measure which has been finally passed by both Houses and becomes law, whether by approval of the President or by passage over his veto. Sometimes a member will introduce a bill drawn by a private person or organisation. In such case, the words "by request" are printed on the face of the bill and give notice that the member is serving as a channel, that the bill does not necessarily represent his own views. The name of the person asking for introduction is never printed.

When the bill has reached the President, it can be recalled only by a concurrent resolution adopted by both Houses.

A select committee is one established by the House or Senate for a limited period and generally for a strictly temporary purpose. When that function has been carried out the select committee automatically expires. A standing committee, on the other hand, is a regular, permanent unit in Congress.

Each member of Congress receives a salary.

 

Points for discussion:

The Senate and the House of Representatives

The function of the legislative branch

A session of Congress

The membership and the presiding officers of the Senate and the House.

The duties of a member of Congress

Text С. Read the text and make up the plan for the discussion.

The Senate

Although Congressional elections are held every two years, only one-third of the Senate stands for election at two-year intervals. Senators are elected to six-year terms, which overlap. Thus, in any election year, only one-third of the Senate is affected, the remaining two-thirds being members whose terms have not expired. In the House of Representatives the entire membership is elected every two years.

Each State is entitled to be represented in the Senate by two senators, without regard to density of population.

The individual seats are numbered and assigned on request of senators in order of their seniority. Democrats occupy the west side of the chamber – on the Vice-President's right; Republicans sit across the main aisle to his left. There is no set rule for the seating of "independents".

The Vice-President of the United States presides in the Senate. He is referred to in the Senate as "Mr. President", because his title in that body is "President of the Senate".

The Senate also elects from among its members a President pro tempore, who holds office at the pleasure of the Senate and presides during absences of the Vice-President of the United States. He participates in Senate debates and votes.

The Vice-President can vote in the Senate only in the event of a tie vote.

Senators receive allowances for secretarial and clerical assistance. Allowances vary according to the population of the states. Senators from large states like New York, Pennsylvania, Texas and California may employ more personnel than senators from smaller states. Allowances are based on population, because senators with the largest number of constituents need more help with correspondence and other duties.

When a senator rises to introduce a bill, he says, "Mr. President" and waits for the Vice-President to recognise him. The Vice-President recognises the senator by looking at him and saying: "The Senator from ...", naming the state from which the senator comes.

Then the senator states that he desires to introduce a bill.

A senator often introduces several bills atthe same time by saying that he desires to introduce sundry bills and have them referred to the proper committees. A senator may introduce a bill at any time by obtaining unanimous consent for that purpose.

Formerly a bill was first read by title at the time of introduction. Since 1890, the first reading is accomplished by the mere printing of the title in the "Congressional Record" and the "Journal".

The standing committees of the Senate are as follows: Aeronautical and Space Science; Agriculture and Forestry; Appropriations; Armed Services; Banking and Currency; District of Columbia; Finance; Foreign Relations; Government Operations; Interior and Insular Affairs; Interstate and Foreign Commerce; Judiciary; Labour and Public Welfare; Post Office and Civil Service; Public Works; Rules and Administration. The number of committee members varies from 9 to 25,

Each Senate committee is authorised to establish a quorum for transaction of business — not less than one-third of the membership of the committee. A majority of the committee must be present to report a bill or recommendation.

Text D. Read the text and ask questions on it to be discussed in class.










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