B)The main functions of the Congress;
C) Some rules of the Congress;
D)Additional functions of the Congress;
E)The qualifications for a senator.
5.What do the following numbers from the text mean?:7, 580,000, 1, 100, 30, 2, 435, 9, 6, 25.
Give 2 reasons why none of you can be a senator or a representative.
7.Answer the following questions:
1. How is the legislative branch called in America?
2. What chambers does it consist of?
3. What is the main function of the Congress?
4. What cannot the Congress do?
5. How often does the Congress meet?
6. For what term are Senators elected?
7. How many representatives can any state have in the Congress?
8. Complete the following text by translating the words or expressions in brackets:
The ( ) the () - consists of the () and the ( ). Each () is elected for six years and each () for two years, with no limitation on the number of ().
Each of the 50 states () two senators under the system in which one-third of the () is elected every two years. A senator must be ( ) 30 years old and must have been an American () for at least nine years.
The House of Representatives has 435 (). Each state is divided into congressional districts of roughly () population, and () of each district () one representative to the Congress.
Both () of () must () bills before they become laws. The Senate alone () the Presidents () for high level official positions and () treaties with other nations.
9.Complete the table and compare the legislative branch of the USA with that of Great Britain:
| Comparison | The USA | Great Britain |
| The highest legislative ive body | Parliament | |
| Number of Houses | ||
| Names of Houses | Senate and | |
| membership | Lords/MPs | |
| Number of people in the Houses | 1,000/650 |
IV. THE JUDICIAL SYSTEM OF THE U.S.A.
Read the words correctly: dual, judiciary/-ies, the Supreme Court, high/highest, marble, a Chief Justice, an Associate Justice, to resign, to authorize, jurisdiction, a treaty/-ies, foreign, a violation/to violate, to facilitate, an appeal court, a controversy/-ies, private, an injury/-ies, to adjudicate.
Make up phrases using the words below:
dual: , ;
highest: , , ;
Associate Justice:8 , 4 ;
a treaty: , , ;
foreign: , , , , ;
a violation of: , , , ;
a controversy: , ;
private: , , .
Vocabulary
| a judiciary [dʒuːˈdɪʃəri] | , |
| marble [ˈmɑːbəl] | |
| a Chief Justice | |
| an Associate [əˈsəʊsiət Justice] | |
| to decide [dɪˈsaɪd] | |
| to agree with | , |
| a case | , |
| a violation [ˌvaɪəˈleɪʃən] | |
| to violate laws/a violator | / |
| to hear-heard-heard | , |
| a controversy [ˈkɒntrəvɜːsi] | , |
| an accused [əˈkjuːzd] | |
| to adjudicate [əˈdʒuːdɪkeɪt] | , |
| to arise-arose-arisen [əˈraɪz] |
1. Read and translate the text:
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In the United States of America there is a dual court system composed of a federal judiciary and 50 states judiciaries. The federal judiciary consists of the Supreme Court and the system of federal courts.
The Supreme Court is the highest judicial organ of the U.S.A. it meets in the Supreme Court Building of white marble in Washington, D.C. The Supreme Court is made up of the Chief Justice and eight Associate Justices.
They are all appointed by the President and approved by the Senate. Every judge is appointed for life, or until he chooses to resign. One of the most important duties of the justices is to decide whether laws passed by the Congress agree with the Constitution.
By creating the Supreme Court and authorizing the establishment of the Federal courts, the Constitution created the judicial power that is the power to hear and decide the two classes of cases criminal and civil. The jurisdiction of the Federal Courts may include cases which concern the interpretation of the Constitution, of treaties between the U.S. and foreign countries. All cases involving a violation of Federal criminal laws are heard in the Federal court. They include cases relating to internal security, immigration, etc.
Immediately below the Supreme Court stand the Courts of Appeals, created in 1891 to facilitate the disposition of cases. With few exceptions, cases decided in the district courts go next to the appeals courts. 94 district courts are located in the states. Most cases and controversies start in district courts. Here nearly all accused of committing federal crimes are tried.
The Court of Claims consisting of a Chief Justice and four Associate Justices was established in 1855. This court hears claims of private individuals against the government for breach of contracts, unpaid salary, property taken for public use and personal injuries. To adjudicate controversies arising within custom houses, the custom court was established in 1890.
Notes to the text:
| The Custom Court | |
| The Federal Court | |
| The Court of Appeals | |
| The Court of Claims | |
| criminal; civil case | ; |
1. Give the English equivalents for the following words and word combinations: ; ; (2); ; ; ; ; .
2.Complete the table and speak about courts in the USA and their functions:
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| Court | Functions |
| Supreme Court | |
| Court of Appeals | |
| Federal Court | |
| District Court | |
| Court of Claims | |
| Custom Court |
3.Match each word on the left with the definition on the right:
| 1) court | a) an official request for money that you think you have a right to |
| 2) judge | b) a legal matter or question that must be decided in a court of law |
| 3) case | c) the people who make a legal judgement, for example, about whether someone is guilty of a crime, or the place where these judgements are made |
| 4) appeal | d) the official in control of a court who decides how criminals should be punished |
| 5) claim | e) making an urgent public request for money, help, information |
4. Answer the following questions:
1. What kind of court system is there in the United States of America?
2. What is the federal judiciary made up?
3. What is the highest judicial branch in the U.S.A.?
4. Where does it meet?
5. What are the members of the Supreme Court?
6. Are they elected?
7. What is the main duty of the Supreme Court?
8. What are the functions of Federal courts?
5. Speak on:
1. The judicial system of your country.
UNIT II
I. US CONSTITUTION I
"We the People of the United States, in Order to form a more perfect Union, establish Justice, ensure domestic Tranquility, provide for the common defence, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States of America." Preamble to the Constitution.
1. Read and translate the text:
The form of the US government is based on the Constitution of 1787 which was adopted after the War of Independence. A constitution is a set of customs, traditions, rules and laws that sets forth the basic way a government is organized and functions. According to this definition of the word, every nation has a constitution but in some countries constitutions are very easily violated because the basic rights of their citizens are violated.
It is very important to understand that having a constitution does not mean that a nation has a constitutional government. If a constitution makes it possible to concentrate power by one or few, it is not the basis of a constitutional government. If a constitution says that the governments power should be limited but doesnt mention the ways how to do it, it is not the basis for a constitutional government.
In a constitutional government the constitution is a form of higher law that must be obeyed by everyone including those in power.
The US Constitution consists of 7 articles and 26 amendments.
According to the Founders of the American state a constitution or higher law should have the following characteristics:
- It sets forth the basic rights of citizens to life, liberty and property
- It establishes the responsibility of the government to protect those rights
- It establishes limitations on how those in government may use their powers with regard to
- citizens rights and responsibilities
- the distribution of resources
- the control of conflict
- It establishes the principle of a private domain which means that there are areas of citizens lives that are no business of the government and in which the government cannot interfere.
- It can be changed with the consent of the most citizens. This is how the Constitution differs from the ordinary law that the governments regularly create and enforce. The US Constitution has 26 amendments, the first 10 are called the Bill of Rights and it was adopted in 1791. The bill enumerated basic freedoms and guaranteed them and declared what the government was not allowed to do.
Notes to the text:
We the People of the United States, in order to form a more perfect Union, establish Justice, ensure domestic Tranquility, provide for the common defence, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States of America.- Preamble to the Constitution , , , , , , , . - .
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Vocabulary:
a set-
basic freedoms, rights- ,
to obey- ,
to set forth-
private domain-
distribution of resources-
2. Give the Russian words with the same stem:
base; constitution; tradition; to form; principle; to guarantee; to concentrate; nation; to control.
3. Find the English equivalents for:
- ;
- ;
- ;
- ; ;
- ; ;
- , , ;
- ;
- ;
- ;
- ;
- ;
- ;
- , .
4. Express your agreement or disagreement with each statement using: I quite /completely agree, I cant agree, I think it is not so, its wrong, on the contrary.
1. The American Constitution was adopted after the Warof Independence and it remains unchanged so far.
2. The US Constitution consists of 10 articles and 50 amendments.
3. The US Constitution guarantees freedom of those in power.
5. Write these sentences in the Passive Voice form and translate them into Russian:
1. The USA adopted the Constitution in 1787.
2. The Constitution provides the set of rules, laws and regulations to regulate the work of the government.
3. Some historians regard the Constitution as a conservative document.
4. In some countries the oligarchy can control the government.
6. Read the text without a dictionary and try to catch the main idea:
The Amendment Process
We have a living Constitution. Men wrote it in 1787, and we still use it today. These men were intelligent. The U.S will change in the future they thought. We must find the way to let the Constitution change too. And they did.
They put in the amendment process. This process is important. Amendments can change the part of an article in the Constitution or another amendment.
Two/thirds (2/3) of the Congress or of the state legislature must agree on an idea for an amendment. If three-fourth (3/4) of the states ratifies the amendment, it becomes a part of the Constitution.
7. Answer the questions:
1. What does a constitution mean in American political language?
2. What is the aim of the US Constitution?
3. What does it consist of?
4. What is the Bill of Rights?
5. What do you think about the peculiarities of the US Constitution?
8. Read and translate the text:
US CONSTITUTION II
Vocabulary
| an agreement/loose agreement | / |
| Articles of Confederation | |
| taxation | |
| the Bill of Rights | |
| freedom of religion; speech; press | ; ; |
| unreasonable search; arrest [ʌnˈriːz(ə)nəbl] | ; |
| United Nations Charter | |
| ultimate power [ˈʌltɪmət] | |
| checks and balances |
The former colonies, now the United States of America, first operated under the agreement called the Articles of Confederation (1781). It was soon clear that this loose agreement among the states was not working well. The central, federal government was too weak, with too few powers for defence, trade and taxation. In 1787, therefore, delegates from the states met in Philadelphia. They wanted to revise the Articles, but they did much more than that. They wrote a completely new document, the Constitution, which after much argument, debate, and compromise was finished in the same year and officially adopted by the thirteen states by 1790.
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The Constitution, the oldest still in force in the world, sets the basic form of government: three separate branches, each one having powers (checks and balances) over the others. It specifies the powers and duties of each federal branch of government, with all other powers and duties belonging to the states. The Constitution has been repeatedly amended to meet the changing needs of the nation, but is still the supreme law of the land. All governments and governmental groups, federal, state, and local must operate within its guidelines. The ultimate power under the Constitution is not given to the President (the executive branch), or to the Supreme Court (the judicial branch). Nor does it rest, as in many other countries, with a political group or party. It belongs to We the People, in fact and in spirit.
They stated in the first ten Constitutional Amendments, known together as the Bill of Rights, what they considered to be the fundamental rights of any American. Among these rights are the freedoms of religion, speech, and the press, the right of peaceful assembly, and the right to petition the government to correct wrongs. Other rights guarded the citizens against unreasonable searches, arrests, and seizures of property, and established a system of justice guaranteeing orderly legal procedures. This included the right of trial by jury that is, being judged by fellow citizens.
The federal and state governments formed under the Constitution were designed to serve the people and to carry out their majority wishes (and not the other way around). One thing they do not want their government to do is to rule them. Americans expect their government to serve them and tend to think of politicians and governmental officials as their servants. This attitude remains very strong among Americans today.
Over the past two centuries, the Constitution has also had considerable influence outside the United States. Several other nations have based their own forms of government on it. It is interesting to note that Lafayette, a hero of the American Revolution, drafted the French declaration of rights when he returned to France. And the United Nations Charter also has clear echoes of what once was considered a revolutionary document.
1. Give English equivalents to the following words and phrases in Russian: , , , , , , , , .
2.Say in English:
a) .
b) .
c) .
d) 1790 , .
3.Name all the rights given to American people by the Bill of rights. How do you understand them?
4.Give the definitions to:
-the Articles of Confederation;
-the Constitution;
-an amendment;
-the Bill of Rights;
-the system of checks and balances;
-freedom of speech, religion, press;
-the trial by jury.
4.Answer the questions:
a)Why did the delegates from the thirteen states meet in Philadelphia in1787?
b)What does the US Constitution specify?
c)Whom does the ultimate power in the USA belong to under the Constitution?
d)What rights are stated in the Bill of Rights?
e)What for were the federal and state governments formed under the Constitution?
5.Complete the following text with the words and phrases using them in the appropriate form (you may use the text above):
jury; branch; Bill of Rights; to adopt; religion; to guard; power; Congress; to divide; amendments; to assemble; citizens; President; arrests; executive; rights; seizures; document; speech; legislature; freedoms; judiciary; founding fathers; system of.
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When the Constitution was written in 1787, there were only 13 states. Because the a) ____ of the Constitution saw that the future might bring a need for changes, they b) ____ a method of adding c) ____. Over the years 26 amendments have been added, but the basic d) ____ has not been written. The pattern of government planned so long ago for 13 states today meets the needs of 50 states.
The first 10 amendments to the Constitution, called the e) ____ assure individual f) ____ and g) ____. Added in 1791, they include provisions for freedom of the h) ____ and of i) ____; the right of citizens to j) ____ peacefully; the right to be k) ____ in ones own home against unreasonable l) ____ and m) ____ of person or property; the right of any person charged with n) ____ the law to have a speedy trial by a o) ____ of fellow p) ____.
The Constitution q) ____ the powers of the government into three branches: the r) ____ headed by the s) ____; the t) ____, which includes both houses of u) ____ (the Senate and the House of Representatives) and the v) ____ which is headed by the Supreme Court. The Constitution limits the role of each w) ____ to prevent any one branch from gaining undue x) ____.
11. Speak on:
1. The Constitution of your country.
II. THE BILL OF RIGHTS
1.Read the words correctly. See the dictionary if necessary: an amendment, religion, assembly, a soldier, a search, a trial with a jury, a lawyer, punishment, naturalized, a liquor, an official.
Vocabulary
| to quarter | , |
| a warrant | |
| to deprive | |
| Fair Trial [feər] | |
| a bail | , |
| a fine | , |
| slavery | |
| an income tax [ɪnkəm] |
1. Read and translate the text:
On December 1791, the Congress put in the amendment process and adopted 10 amendments to the Constitution, known as the Bill of Rights. Amendments can change or add rights and restrictions to the Constitution.
Amendment 1. Freedom of Religion, Speech, the Press and Assembly
We can follow any religion: we can say our thoughts, write articles in newspapers, meet in groups.
Amendment 2. The Right to Have Guns
We can have guns for protection. State governments make laws about buying and keeping guns.
Amendment 3. No Soldier shall, in time of peace be quartered in any house, without the consent of the Owner, nor in time of war, but in a manner to be prescribed by law.
Amendment 4. Searchers and Warrants
Police need a court order (search warrant, issued by a judge) to make any search or any arrest.
Amendment 5. Rights of People Accused of a Crime, and Protection of Private Property.
No person shall be deprived of life, liberty or property, without due process of law.
No person shall be compelled in any criminal case to be a witness against himself.
Amendment 6. Right to a Fair Trial and Witness.
If you are accused of a crime, you have the right to know why. You have the right to a speedy and public trial with a jury. You can have the trial in the state where the crime happened. You can have the private lawyer or the court will give you a lawyer.
Amendment 7. Assures trial by jury in civil cases.
Amendment 8. Bails, Fines and Punishment
A judge cannot make you pay an unfair bail or an unfair fine. A judge or jury or the police cannot give you unfair punishment.
Amendment 9. The People Keep Some Right
The Constitution lists many rights of the people, but it doesnt list all the rights. The People have other rights, too.
Amendment 10. The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.
Amendments 11-26
Amendment 11. Citizens of one state or a foreign country cannot bring a case against another state in a federal court.
Amendment 12. We elect the President and Vice-President separately.
Amendment 13. There is no more slavery in the U.S.
Amendment 14. All people born or naturalized in the U.S. are citizens.
Amendment 15. Black people have the right to vote.
Amendment 16. Congress can make a law for an income tax.
Amendment 17. We elect Senators directly with our votes.
Amendment 18. Prohibition of intoxicating liquors.
Amendment 19. Women have the right to vote.
Amendment 20. A new President takes office on January 20.
Amendment 21. The terms of Senators and Representatives begin on January, 3.
Amendment 22. We can elect the same President for two terms. Each term is for 4 years.
Amendment 23. Citizens of Washington, D.C., can vote for the President and the Vice president.
Amendment 24. We do not have to pay a voting tax.
Amendment 25. If the President dies or resigns, the Vice-President becomes President. This amendment also tells the order for other important government officials to become President if something happens to the Vice-President.
Amendment 26. Citizens eighteen years old or older can vote.
Give English equivalents to the Russian words and phrases: , , , , , , , , , .
2. Answer the questions:
1. What is the Bill of Rights?
2. What rights does the first amendment guarantee?
3. Who can be called a citizen of the U.S.A.?
4. When does a new President take office?
5. For how many terms can the same President be elected?
3. Discuss the following questions:
1. What is the difference between the American Constitution and the Bill of Rights?
2. What amendment would you add to the Constitution of the U.S.A.?
III. CHECKS AND BALANCES
1.Remember all the examples when:
-the President of the USA is dependent on the Senate;
-the Supreme court is dependent on the President and the Senate;
-the Congress is dependent on the President.
Vocabulary:
| checks and balances | |
| separation of powers | |
| to favour [feɪvər] | |
| in comparison with [kəmpærəsən] | |
| to request |
1. During 10 minutes look through the first paragraph of the text and render it in Russia without a dictionary. During other 10 minutes translate paragraph # 2 in written. Read and translate the rest of the text:
The U.S. Constitution establishes three branches for the federal government: executive, legislative, and judicial. The three branches work together to help the country. Each branch has its own responsibilities and powers. No branch has more power than the other branches. They have balanced powers. Each branch has separate duties to check the powers of the other branches.
When a new state- the U.S.A. - was born, the Founders of the state thought that if there was no balance of power among different branches of a government it would lead to tyranny. The problem was how to create a system of government with balanced powers. Thats why James Madison (1751-1836) favoured the Constitution that limited government by means of
a) separation of powers
b) a system of checks and balances, where checks- limitation of the duties of each branch, and balances- separate powers to each branch.
Congress has the power to make laws, but the President may veto any act of Congress. Congress, in its turn, can pass a law over a veto by a two-thirds vote in each house. Congress can also refuse to provide funds requested by the President. The President can appoint important officials of his administration, but they must be approved by the Senate. The President also has the power to name all federal judges: they too must be approved by the Senate.
The system of checks and balances makes compromise and consensus necessary. This system protects against extremes. It means, for example, that new presidents cannot radically change governmental policies just as they wish. In the US, therefore, when people think of the government, they usually mean the whole system, that is, the Executive Branch and the President, the Congress, and the Courts.
In fact and in practice, therefore, the President (i.e. the Administration) is not as powerful as many people think he is. In comparison with other leaders in systems where the majority party forms the government, he is even less powerful.
1. Give the English equivalents for: ; ; ; ; ; ; ; ; .
2. Choose the correct answer:
1. Why is the system of checks and balances necessary?
a) because it separates the executive, legislative and judicial branches of government
b) because it keeps any branch from using too much power or misusing it and makes each branch check on the others
c) because it limits the Presidents powers.
2. What is the role of the compromise in the American system of running a country?
a) it helps the Congress to pass a law
b) it protects against extremes in government policies
c) it helps the President to veto any act of the Congress
3.Finish the phrases:
a) The Congress is dependent on the President because
b) The President is dependent on the Congress because
