- •Introduction to law General Vocabulary and Expressions
- •Social morality, rules and law
- •What is law?
- •Vocabulary Exercises
- •Communicative Activities
- •1928, The Representation of the People Act
- •1949, The Parliament Act
- •1969, The Representation of the People Act
- •Constitution of the Russian Federation
- •The Constitution of the United States of America
- •Amendment VI
- •Land Law
- •Texts for Reading and Rendering
- •Constitutional law. Separation of powers
- •Internalization of law. Growth of international law
- •The form of british constitution
- •English law
- •The rules of precedent
- •Us government
- •Checks and Balances
- •The state system of russia
- •The federal assembly and the government
- •Listening Comprehension Task 1. Sovereignty and the rule of law. Read a short paragraph about British Constitution and mind the information about its principle characteristics.
- •Task 3. What governs Europe?
Us government
The operation of the US government is based on the US Constitution that was adopted by Congress in 1789. A key feature of the US Constitution is federalism, an original idea for power sharing between states on the one hand, and the national government on the other. Another major feature of the Constitution is the principal of separation of powers within the national government, with separate legislative, executive, and judicial branches.
The government of the United States is truly national in character. It can deal with the people of the country directly, not just indirectly through the states. This is certain powers such as the powers to make war and deal with other nations are granted exclusively to the national government and are denied to the states. Still others such as law enforcement and taxing powers overlap and can be exercised by both the national and the state governments.
The delegates to the Constitutional Convention had no pattern to go by when they sewed this system together. And they were not quite sure what they had when they finished with it, but the system came to be called federalism in the United States, government based upon a written constitution in which power is divided between ( and shared by ) the national government and the states, it is also divided within the federal government. The national government features a separation of powers. Its executive branch, its legislative branch, and its judicial branch exercise powers that are largely separate and distinct. Congress is the legislative branch. It makes laws. The President is supposed to execute, or carry out, the laws. And the courts interpret the laws determining exactly what laws means if there is a dispute.
There is not a strict and complete separation of powers, but a partial one, the powers of the three branches overlap. The separation and the overlapping of powers are called checks and balances. The presidential veto is a good example. It is a presidential check on the power of Congress. If in disagreement with a bill passed by Congress, the President can veto (reject) it. In that case, the bill cannot become law unless it is again passed by both houses of Congress, but this time it must be passed by a two-thirds vote of both the House of Representatives and Senate to become law. Congress can check the power of the President and the judiciary in that, for example, it is Congress which has control over the budgets and expenditures of the other branches. Within Congress, itself, each house checks the power of the other because it takes the agreement of both houses to make a law. The judiciary checks the powers of the executive and legislative branches through its authority to interpret the law and the Constitution and to issue orders binding on the other branches- as when the Supreme Court ordered President Richard Nixon to turn over tapes of conversations in his office to a lower court in a criminal case.
Checks and Balances
|
Legislative Branch can be checked by: |
Executive branch can be checked by: |
Judicial branch can be checked by: |
Legislative Branch can check:
|
NA |
Can overrule veto (2/3 vote) Controls appropriations Controls by statute Impeachment of president Senate approval of appointments and treaties Committee oversight |
Controls appropriations Can create inferior courts Can add new judges Senate approves appointments Impeachment of judges |
Executive branch can check: |
Can veto legislation Can convene special session Can adjourn Congress when Chambers disagree Vice-president presides over Senate and votes to break ties |
NA |
President appoints judges |
Judicial Branch can check: |
Judicial review of legislation Chief Justice presides over Senate during proceedings to impeach president |
Judicial review over presidential actions Power to issue warrants Chief Justice presides over impeachment of president |
NA |
The national government's power is not limited by states' power. The only powers the states have are those the Federal government has not reserved for itself. But in a dispute the Federal government can and will use military force if necessary.
The structure of state government parallels that of the federal government. Each of the fifty states has a written constitution. Each also has a separation of powers among three branches, which share power through a system of checks and balances.
All the state legislatures, except Nebraska's, have the same format as Congress with two houses, usually called the state senate and state assembly. State legislatures also work through committees and pass laws through a process very like that used in Congress. Like the President, the chief executive of a state, the governor, enjoys the powers of administration, appointment and veto. The structure of a state judiciary is also broadly parallel to the federal court system. In most states there is a state supreme court and under it appeals courts and (parallel to the US district courts) county or municipal courts.
Task 1. Answer the following questions.
1. What document is the operation of the US government based on?
2. How are the powers of government distributed between the federal government and the state governments?
3. What are the three branches of the national government?
4. What is the system of "checks and balances"? How is it exercised?
5. In what way does the legislature exercise a check on the executive branch?
6. What limits the powers of the national and state governments?
7. What is known as the Bill of Rights?
Task 2. Revise your knowledge of the US system of checks and balances. Look at the following diagram and match the numbered items (1-9) with their correct interpretation (A-I).
А. JUDICIAL BRANCH
Composition: the Supreme Court, the lower courts.Role: to interpret the laws.
B. LEGISLATIVE BRANCH
Composition; the House of Representatives, the Senate. Role: to make laws.
C. EXECUTIVE BRANCH
Composition: the President, executive and cabinet departments, agencies. Role: to enforce laws.
D. The President
- proposes legislation to Congress;
- signs or veto Bills;
- makes treaties;
- issues executive orders, rules and regulations;
- calls special sessions.
E.
1. The Senate confirms presidential appointments and ratifies treaties.
2. Congress:
- provides funds for the executive and creates agencies and executive departments;
- oversees the executive branch;
- can override a veto, can impeach and remove a President.
F.
The Judicial Branch may:
- declare any presidential or executive action unconstitutional;
- sign injunctions.
G.
The President -appoints judges;
- enforces court decisions;
- grants pardons from punishment for offences against the US.
H.
The Judicial branch can declare laws unconstitutional.
I.
1. The Senate confirms federal judges.
2. Congress creates and abolishes lower courts;
- appropriates funds for the judiciary;
- can impeach and remove judges.
Text 7