Protections afforded fundamental rights and freedoms
Amendment 1: Freedom of religion, speech, press, and assembly; the right to petition the government.
Protections against arbitrary military action
Amendment 2: Right to bear arms and maintain state militia (National Guard).
Amendment 3: Troops may not be quartered in homes in peacetime.
Protections against arbitrary and court action
Amendment 4: No unreasonable searches or seizures.
Amendment 5: Grand jury indictment required to prosecute for a serious crime. No “double jeopardy” – being tried twice for the same offence. Forcing a person to testify against himself or herself prohibited. No loss of life, liberty without due process.
Amendment 6: Right to speedy, public, impartial with defense counsel, and right to cross-examine witnesses.
Amendment 7: Jury trials in civil suits where value exceeds 20 dollars.
Amendment 8: No excessive bail or fines, no cruel and unusual punishments.
Protections of states’ rights and unnamed rights of the people
Amendment 9: Unlisted rights are not necessarily denied.
Amendment 10: Powers not delegated to the United States of denied to states are reserved to the states or to the people.
Although the constitution has been amended 26 times it is still the “supreme law of the land” which has been fought for and won.
The constitution provides for three main branches of government which are separate and distinct from one another; the executive branch (the president, the vice president, the cabinet), the legislative branch (the Congress) and the judicial branch (the Supreme Court).
The powers given to each are carefully balanced by the powers of the other two. Each branch serves as a check on the others. This is to keep any branch from gaining too much power or from misusing its powers. The chart below illustrates how the equal branches of government are connected and how each is dependent on the other two.
The Separation of Powers. The Policy of Checks and Balances
The USA Congress has the power to make laws, but the President may veto any act of Congress. Congress, in its turn, can override 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 courts have the power to determine the constitutionality of all acts of Congress and of presidential actions, and to strike down those they find unconstitutional.
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The system of checks and balances makes compromise and consensus necessary. Compromise is also a vital aspect of other levels of the US government.
The system of “check and balances” protects against extremes. It means for example, that new presidents cannot radically change governmental policies just as they wish.
Political Parties.
The US Constitution says nothing about political parties, but over time the US has developed a two-party system: the Democratic and Republican parties. Other small parties such as the Liberation Party and the Labor Party do not play any important role in national politics. The president-day Democratic Party was founded in 1828 representing Southern planters. The Republican Party, founded in 1854, united industrial and trade bourgeoisie from Northeast. Later after the Civil War the differences between the two parties became minimal.
Sometimes, the Democrats are thought of as associated with labor, and the Republicans with business and industry. Republicans also tend to oppose the greater involvement of the federal government in some areas of public life, which they consider to be the responsibility of the states and communities. Democrats, on the other hand, tend to favor a more active role of the central government in social matters.
Yet it is still more difficult for ordinary Americans to distinguish between the parties. Furthermore, the traditional European terms of “right” and “left”, or “conservative” and “liberal” do not quite fit the American system. Someone from the “conservative right”, for instance, would be against a strong central government. Or a Democrat from one part of the country could be very “liberal”, and one from another part quite “conservative”. Even if they have been elected as Democrats or Republicans, Representatives or Senators are not bound to a party program, nor are they subject to any discipline when they disagree with their party.
While some voters will vote a “straight ticket’ in other words, for all of the Republican or Democratic candidates in an election, many do not. They vote for one party’s candidate for one office, and another’s for another one. As a result, the political parties have much less actual power than they do in Britain.
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In the U.S., the parties cannot win seats, which they are then free to fill with party members they have chosen. Rather, both Representatives and Senators are elected to serve the interests of the “people-and the areas the represent, that is, their “constituencies”. In about 70 percent of legislative decisions, Congressmen will vote with the specific wishes of their constituencies in mind, even if this goes against what their own parties might want as national policy. It is quite common, in fact, to find Democrats in Congress voting for a Republican President’s legislation, quite a few republicans voting against it, and so on.
Elections
All American citizen, (at least 18 years of age), may take part in elections. Before the elections take place the Americans who want to vote must register.
There are 50 different registration laws in the U.S ( one set for each state). Both voter registration and voting has dramatically increased during the last twenty years, especially as a result of the Civil Rights policy. Some civic groups, e.g. the League of Women Voters, are actively trying to get more people involved in the electoral process and have drives to register as many people as possible.
Legislators (Senators and Congressmen) are elected from geographical districts directly by the voters according to the principle “one person, one vote”. Under this principle, all election districts must have about the same number of residents. Almost all elections in the USA follow “the winner – take – air principle”: i.e., the candidate who wins the largest number of votes in a Congressional district is the winner.
The national presidential election consists of two separate campaigns: one is for the nomination of candidates at national party conventions. The other is to win the actual election. The nominating race is a competition between members of the same party. They run in a succession of state primaries and caucuses (which take place between March arid June). They hope to gain a majority of delegate votes for their national party conventions (in July of August). At the party convention having now almost theatrical character (bands, balloons, lot of noise, etc.)the party’s official candidate for the presidency is selected. The follows presidential campaign that follows after begins very early and continues until election in early November when the candidates make final television appearances and appeal for the votes. Presidential campaigns also include major expenses, apart from TV and radio and the press advertising, such as the travel costs of the candidate and his staff, their salaries and campaign literature. Such publicity items as campaign pins and bumper stickers are also widely used. All these tremendous campaign costs are financed with federal funds with equal amounts of money for each major party. At the time of the primary campaigns the competing candidates may also receive private contributions. Every campaign attracts hundreds of unpaid workers at the grass roots, or local political level.
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In November of the election year (years divisible by four, e.g. 1988, 1992, 1996, etc.), the voters across the nation go to the polls. If the majority of the popular votes in a state go to the Presidential (and Vice - Presidential) candidate of one party, then that person is supposed to get all of that state’s “electoral votes”. These electoral votes are equal to the number of senators and Representatives each state has in Congress. The candidate with the largest number of these electoral votes wins the election. The «Electoral College» formally reports each state’s electoral votes, a procedure established by the constitution.
In recent years there has been discussion about eliminating the Electoral College procedure. Many people think it is awkward and undemocratic. Opponents of the Electoral College favor the direct election of the president and vice-president. Others believe that in a close popular election only the Electoral College can clearly establish the winner.
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In January of the following year, in a joint session of Congress, the new President and Vice – President are officially announced. The ceremony of inauguration always takes place at noon on January 20. The president’s Inauguration speech is regarded as a declaration of principles proclaimed by the new Administration.
The Administration or the Executive Power.
The President and the vice – president of the United States are elected every four years to a four –year term of office, with no more than two full terms allowed
The President chooses the fourteen cabinet members who head departments, such as Justice, Defense, or Education; chooses who will run as vice president; appoints federal judges; chooses heads of agencies such as the FBI and CIA; proposes laws, and approves federal laws after Congress has approved them; appoints US ambassadors to foreign countries; bears the responsibilities of relations with foreign countries and commander- in chief of armed forces.
Since the time the very first American President so – called “father of the nation” George Washington was elected there have been 42 presidents in the USA. Nine presidents were elected for two terms. Four American presidents were assassinated: Abraham Lincoln (1865), James Garfield (1881), William McKinley (1901) and John Kennedy (1963).
The Vice President leads the Senate and combined meetings of both houses of Congress, .serves on special government committees and. becomes president if the president must leave office.
The Cabinet together with the president, the cabinet members (13) form the government. They advise on issues related to their departments.
The USA Congress, the legislative branch of the federal government, is made up of the Senate and the House of Representatives.
There are 100 Senators, two from each state. One third of the Senators are elected every two years for six – year terms of office. The Senators represent all of the people in a state and their interests.
The House of Representatives has 435 representatives. They are elected every two years for two – year terms. They represent the population of “congressional districts” into which each state is divided. The number of Representatives from each state is based upon its population. For instance, California, the state with the largest population, has 45 Representatives, while Delaware has only one. There is no limit to the number of terms a Senator or a Representative may serve.
Congress proposes and approves federal laws; can declare war; decides upon taxes and money budget; approves the choice of federal judges; regulates commerce among the states and with foreign countries; sets rules for the naturalization of foreign citizens.
A new Congress session begins on the 3PrdP of January each odd – numbered year and continues for two years. The most of congressmen’s work is done in committee meetings. There are 16 “standing”, or permanent, committees in the Senate and 22 in the House of Representatives. Here the bills (offered by either house) are studied, experts are consulted, and recommendations are made. Because the Congressmen on a committee are experts in that field, they accept and improve some bills, but reject most of them. The committee responsible for a particular bill holds hearings on it. Experts appear before the committee and offer suggestions and opinions about the bill. After the hearings, the committee reports its recommendations to the House. These recommendations may include suggested changes in the bill, or the committee may propose an entirely new ones. Generally Congress goes along with the decisions of its committees. For a bill to become a law it must be passed by both the House and the Senate and signed by President. If President disapproves, he vetoes the bill by refusing to sign it and sends it back to Congress. To overcome President’s veto the bill must get a two-thirds majority in each chamber.
Americans, always concerned that their politicians represent their interests, often form “pressure” groups, political lobbies, public action committees (PACs), or special interest groups. Such groups influence politicians on almost any imaginable subject. One group might campaign for a nationwide, federal gun-control law, while another group opposes it.
In the previous centuries people who wanted to hand in petition or to discuss some project went to Washington, to the Capitol and there met the Congressmen from their states. The tradition is still alive, only today it is big corporations, social organizations, foreign diplomats, etc. who try to influence law – making in their favor. This is done with the help of lobbyists who arrange meetings with Congressmen, and through bribery and persuasion make them vote for measures favorable to the group they represent. Practically lobbyist (backstage influencing of legislation) has become legal, it means, that the passing of a bill can be prevented if it does not suit the interests of a definite group of Big Business.
The delicate art of influencing legislation has moved a great distance from the days when votes were bought with black cases full of money. Today’s successful lobbyists are more likely to be smooth professionals. But if lobbying techniques have grown complicated, the name of the phenomenon is still the same: special interest. Lobbyists may call themselves legislative counsels or Washington representatives, but they are still hired to sell their client’s special interests.
Although a 1946 law requires all lobbyists to register with the clerks of both chambers of Congress, and to give annual reports of the money used for this or that bill, the most effective lobbyists seldom do. They try to remain, if possible, invisible. They do not even like to call themselves lobbyists. But more and more people realize that legislation is shaped as much by both the hidden influences and by the public debates.
The third branch of government is the Judiciary branch. The judiciary, especially the Supreme Court, makes sure that laws are constitutional. Nine Supreme Court judges are appointed for life.
In addition to the Supreme Court, there are also twelve courts of appeal and ninety-one district courts. Congress has the power to fix the number of judges sitting on the Court, but it cannot change the powers given to the Supreme Court by the Constitution itself. The Supreme Court consists of a chief justice and eight associate justices. They are nominated by the President but must be approved by the Senate. Once approved, they hold office as Supreme Court Justices for life. A decision of the Supreme Court cannot be appealed to any other court. Neither the President nor Congress can change their decisions.
The Supreme Court has direct jurisdiction in only two kinds of cases: those involving foreign diplomats and those in which a state is a party. All other cases, which reach the Court, are appeals from lower courts. Most of the cases involve the interpretation of the Constitution. The Supreme Court also has the “power of judicial review”, that is, it has the right to declare laws and actions of the federal, state, and local governments unconstitutional. While not stated in the Constitution, this power was established over time.
Federalism: State and Local Governments.
Although Federal Laws apply to all citizens wherever they live, each of the fifty USA states also has its own Constitution and three branches of the Government: Executive, with a governor, a legislative assembly, and a judiciary.
Each state has its own state police and its own criminal laws. The same is true with marriage and divorce laws, driving laws and licenses, alcohol laws, voting procedures. In turn, each city has its own police force that it hires, trains, controls, and organizes. Neither the President nor the governor of a state has direct power over it. Police departments of counties are often called “sheriffs’ departments”. Sheriffs are usually elected, but state and city police officials are not.
All education at any level is the concern of the states. The local communities have the real control at the public school level. They control administration of the schools, the school board officials, and their local community taxes largely support the schools.
A great many of the most hotly debated questions, which in other countries are decided at the national level, are in America settled by the individual states and communities. Among these are, for example, laws about drug use, capital punishment, abortion, and homosexuality.
Most states and some cities have their own income taxes. Many cities and counties also have their own laws saying who may not own a gun. Many airports, some of them international, are owned and controlled by cities or counties and have their own airport police.
Among the areas under the local concern there are also the opening and closing hours for stores, street and road repair, or architectural laws and other regulations. E.g., some local community or a school board might determine that a certain novel should not be in their school library. The same is true of films But another village, a few miles down the road, might accept both.
A connecting thread that runs all the way through governments in the U.S. is the “accountability” of politicians, officials, agencies, and governmental groups. This means that information and records on crimes, fires, marriages and divorces, court cases, property taxes, etc. are public information. It means, for example, that when a small town needs to build a school or buy a new police car, how much it will cost will be in the local newspaper. In some cities, meetings of the city council are carried live on radio. As a rule, politicians in the U.S. at any level pay considerable attention to public opinion. This “grass roots” character of American life can also be seen in town meetings or at the public hearings of local school boards. Neighborhoods, communities, and states have a strong pride in their ability to deal with their problems themselves without “Those fools in Washington” who always try to interfere in their local and private matters and spend their tax money.
The traditional American distrust of a too powerful central government has kept the controversy between federal, states’ and local rights over the years.
Answer the questions.
1.What three main branches is the federal government of the US divided into?
2.What principle forms the basis of the US constitution?
3.What way has the original text of the constitution been changed in?
4.What is the difference between Republicans and Democrats?
5.What is the procedure for electing delegates to national Conventions?
6.What are the functions of the houses in Congress?
7.How does a Bill become a law?
8.What is lobbying and how is its existence officially justified?
9.How is the US president elected?
10What is “the Cabinet”?
11.What is the US president responsible for?
12.What is the main instrument of the federal judiciary?
13.What is the main significance of the Bill of Rights?
14.What is the attitude of many Americans to their politicians?
15.What are the responsibilities of State Governments?
2. Find the English words and phrases corresponding to the Russian equivalents:
1.национальная конвенция; 2.общие выборы 3.привлекательность (кандидата); 4. оказывать давление, 5.первичные выборы;6. получить подавляющее большинствоголосов;3.группа, отстаивающая чьи-либо интересы; 5. положить конец правонарушениям; 6.на самом низком уровне (движения); 7. баллотироваться на пост президента от какой-либо партии; 8. достичь компромисса; 9. выдвигать кандидата. 10.голосовать за кандидатов от разных партий на различные должности; 11. платить членские взносы; 12. коллегия выборщиков; 13.. привлекательность (кандидата); 14. оказывать давление,15. проводить подготовительную пропагандистскую работу перед обсуждением какого – либо законопроекта;
3. Render the texts in English:
A ) Американская Конституция не была вполне совершенной в момент создания. Не вполне совершенна она и сегодня. Но в ней содержится вдохновляющий пример идей, необходимых для обретения независимости и гарантированных законом свобод. В 1789 году представитель штата Вирджиния Джеймс Мэдисон, ставший позднее четвертым по счету Президентом США, представил на рассмотрение первому Конгрессу Билль, в котором было 12 поправок к Конституции. 10 их них позднее вошли в Конституцию США 1791 года. Билль о правах” сыграл огромную роль в истории Соединенных Штатов. В нем четко определены и гарантированы права и свободы, которые сегодняшние американцы считают фундаментальными и неотъемлемыми: свобода совести, слова, печати, собраний и другие основные свободы.
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