Vocabulary.

1. suffrage. – право голоса; избирательное право; голосование; голос

2. freedom of worship – свобода вероисповедания

3. to override – не принимать во внимание; отвергать

4. unbiased – беспристрастный

5. to compel – вынуждать; заставлять

6. confession – признание; признание в совершении преступления; признание вины

7. to reserve – сберегать, запасать, заказывать

8. to restrain – сдерживать; удерживать

9. seizure – захват, наложение ареста (на имущество); конфискация

10. intact – целый, неповрежденный. невредимый

11. to convene – созывать, вызывать в суд, собираться

12. to insure domestic tranquillity – обеспечивать общественный порядок/правопорядок на территории страны

13. to establish a constitution - обнародовать конституцию

14. to draft – составлять законопроект, набрасывать, составлять план

15. to testify – давать показания; свидетельствовать; показывать

16. unreasonable – необоснованный, неблагоразумный

17. privilege - привилегия, преимущество, льготы

18. to revise – пересматривать, изменять, исправлять, проверять

19. blessing – благословение, благодеяние

20. posterity – потомство; потомки

21. sentiment –мнение, отношение

22. to resign – уходить в отставку

23. sweeping changes – радикальные перемены

Task 1. Read and translate the text.

The Constitution.

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 (the 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 the 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 clearest 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 27 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 recognized slavery and did not establish universal suffrage.

Only several years later, in 1791, under the strong popular pressure, the 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.

The 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, J. 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.

ANNOTATIONS

Convention – general conference devoted to a special object; draft – to compose and write; convenience – that which is convenient (suitable, fit); system of checks and balances – a mechanism to control the abuse of power; restrain – to keep under control; override – to set aside, to cancel; universal suffrage - right to vote for all; compel – to force; impeachment – accusation of smb. of crime against the State; preamble – the introductory part of a document.

Task 2. Fill in the blank with the correct word:

1. The 55 delegates who … the Constitution included most of the outstanding leaders, or Founding fathers, of the new nation.

2. They (the 13 states) joined together as equals for the common … .

3. The system of the checks and balances gives each branch the means to … the other two.

4. The drafters of the Constitution saw that the future might bring a need for changes, that is why they provided a method of adding … .

5. The Constitution requires that “no person shall be … in any criminal case to be a witness against himself”.

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

7. Any member of Congress who wishes to become President of the United States must … from that body.

Task 3. Find out whether the statement is true or false according to the information in the text:

1. The Constitutional Convention which was to adopt a new Constitution officially opened on May 25, 1787, in Washington.

2. The President has the power to veto acts passed by Congress, but the Congress may override the veto by a simple majority.

3. 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.

4. The Bill of Rights abolished slavery and guaranteed universal suffrage.

5. Any person who wishes to become President of the United States must become a member of Congress.

6. The President may, or may not be a member of the political party with a majority in Congress.

Task 4. Answer the following questions:

1. How may a constitution be defined?

2. Describe the body which adopted the Constitution of the United States.

3. Why did the Constitution divide power into three branches?

4. Why was there a wide-spread dissatisfaction of the American people when the Constitution was first proposed and adopted?

5. Examine the role of the Bill of Rights.

6. What is the process of removing government officials and the President from office for misconduct?

7. Discuss the role of the State Constitutions and their structures.

Task 5. Explain:

1. What is a federal system?

2. What for was a so-called system of the checks and balances established?

3. Is it reasonable, that the President, or any other member of the government, cannot be a member of Congress?

Task 6. Read and translate the text.

The Bill of Rights

The Constitution has been amended 27 times since 1789, and it is likely to be further revised in the future. The most sweeping changes were made within two years of its adoption. In that period, the first 10 amendments, known collectively as the bill of rights, were added. They were approved as a block by the Congress in September 1789, and ratified by 11 states by the end of 1791.

Much of the initial resistance to the Constitution came not from those opposed to strengthening the federal union, but from statesmen who felt that the rights of individuals must be specifically spelled out. One of these was George Mason, author of the Declaration of Rights of Virginia, which was a forerunner of the Bill of Rights. As a delegate to the Constitutional Convention, Mason refused to sign the document because he felt individual rights were not sufficiently protected. Indeed, Mason’s opposition nearly blocked ratification by Virginia. As noted earlier, Massachusetts, because of similar feelings, conditioned its ratification on the addition of specific guarantees of individual rights. By the time the First Congress convened, sentiment for adoption of such amendments was nearly unanimous, and the Congress lost little time in drafting them.

These amendments retain intact today, as they were written two centuries ago. The first guarantees freedom of worship, speech and press, the right of peaceful assembly, and the right to petition the government to correct wrongs. The second guarantees the right of citizens to bear arms. The third provides that troops may not be quartered in private homes without the owner’s consent. The fourth guards against unreasonable searches, arrests and seizures of property.

The next four amendments deal with the system of justice: the fifth forbids trial for a major crime except after indictment by a grand jury. It prohibits repeated trials for the same offense; forbids punishment without due process of law and provides that an accused person may not be compelled to testify against himself. The sixth guarantees a speedy public trial for criminal offenses. It requires trial by an unbiased jury, guarantees the right to legal counsel for the accused, and provides that witnesses shall be compelled to attend the trial and testify in the presence of the accused. The seventh assures trial by jury in civil cases involving anything valued at more than 20 U.S. dollars. The eighth forbids excessive bail or fines, and cruel or unusual punishment.

The last two of the 10 amendments contain very broad statements of constitutional authority: The ninth declares that the listing of individual rights is not meant to be comprehensive; that the people have other rights not specifically mentioned in the Constitution. The 10th provides that powers not delegated by the Constitution to the federal government nor prohibited by it to the states are reserved to the states or the people.

Task 7. Summarize the text.

Task 8. Work in pairs and discuss the following questions.

1. What is the Bill of Rights?

2. What is the difference between the American Constitution and the Bill of Rights?

3. What is the difference between the constitutions of the UK and the US?

4. Look through the Bill of Rights and say why the Fifth Amendment retains its importance nowadays.

Task 9. Translate the following sentences into English:

1. Американцы очень гордятся своей конституцией.

2. Согласно конституции, ни одна политическая группа или партия не может получить необоснованно большую власть.

3. Американцы в первую очередь завоевали для себя основные свободы и права, что считалось в других государствах привилегией немногочисленной элиты.

4. Ни одно правительство, никакой суд или официальное лицо не может лишить их тех прав и свобод, завоеванными ими.

5. Первые десять поправок в конституцию, известные под названием «Билль о Правах», считаются основными правами любого американца.

6. За прошедшие два столетия конституция США имела значительное влияние за пределами страны.

7. Интересно отметить такой факт, что Лафаэт, герой американской революции, вернувшись домой во Францию, разработал Французскую Декларацию о Правах.

8. В 1787 г. делегаты от каждого штата встретились в Филадельфии, чтобы пересмотреть документ, но они сделали больше, чем это.

Task 10. Act out the following dialogue:

Dialogue

About The US Constitution

As far as I know your Constitution is a very old one, isn’t it?

A: Насколько я знаю, у Вас очень старая Конституция, не так ли?

Oh, yes, it was adopted as far back as in 1787.

B: Да, она была принята еще в 1787 г.

Hasn’t it been altered since then?

А: Разве она не менялась с того времени?

As a matter of fact, it hasn’t but a number of amendments to it have been made.

В: Практически нет. Но к ней был принят ряд поправок.

What does the US Constitution include?

А: Что включает в себя Конституция США?

To my mind, the US Constitution includes the Preamble, seven articles and a number of amendments.

В: По-моему, Конституция США состоит из преамбулы, семи статей и ряда поправок.

And what is the Bill of Rights?

А: А что представляет собой Билль о правах?

The first ten amendments to the Constitution are known as the bill of rights. It contains basic freedoms and individual rights.

В: Первые десять поправок к Конституции известны как билль о правах. Он содержит основные свободы и права граждан.

What freedoms and rights are guaranteed by the Constitution?

А: А какие права и свободы гарантирует Конституция?

The first amendment, say, guarantees the freedom of speech, confession and of the press. The fourteenth amendment proclaims that not any person shall be deprived of life, liberty or property without due process of law and not any person shall be denied the equal protection of the laws.

В: Первая поправка, например, гарантирует свободу слова, вероисповедания и печати. Четырнадцатая поправка устанавливает, что ни один индивидуум не может быть лишен жизни, свободы или собственности без должного применения законов и ни одному индивидууму не может быть отказано в равной защите закона.

What does the Preamble say?

А: О чем говорится в преамбуле?

The Preamble says: “We, the people of the United States, in order to form a more perfect union, establish justice, insure domestic tranquillity, 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”.

В: В преамбуле говорится: “Мы, народ Соединенных Штатов, дабы образовать более совершенный Союз, установить правосудие, гарантировать внутреннее спокойствие, обеспечить совместную оборону, содействовать всеобщему благоденствию и закрепить блага и свободы за нами и потомством нашим, торжественно провозглашаем и устанавливаем настоящую Конституцию для Соединенных Штатов Америки».

How many amendments have been already adopted?

А: Сколько поправок уже принято?

Thousands of them were proposed but only 27 amendments altogether have been adopted.

В: Тысячи поправок предлагались, но было принято всего лишь 27.

It all sounds very fascinating. Thank you a lot for the talk.

А: Все это очень интересно. Большое Вам спасибо за беседу.

CPCП 8