Text 3 Enumerated, Implied, Inherent Powers

For general purposes of categorization, scholars have identified presidential powers as enumerated, implied, or inherent. Those powers that are enumerated (or clearly delineated) in the Constitution provide express authority. Article II gives the president some but not much express authority. Implied powers refer to those that can be inferred from express grants. The inherent power is, in Richard Nixon's words, the "gray area" of the constitution."

As holder of the executive power a president can go beyond his enumerated powers and take whatever steps are necessary to preserve the country’s security, even if his actions might be unconstitutional. This reasoning worked during the Civil War but could not pass muster during Watergate. During a televised interview with David Frost, Nixon was asked whether in theory a president is justified in doing something illegal if he believes it is in the best interests of the nation. "Well," Nixon responded, "when a President does it that means that it is not illegal." Frost then asked, "Is there anything in the Constitution or the Bill of Rights that suggests the President is that far of a sovereign, that far above the law?" Nixon responded, "No, there isn't. There's nothing specific that the Constitution contemplates in that respect. ... In war time, a President does have certain extraordinary powers which would make acts that would otherwise be unlawful, lawful if undertaken for the purpose of preserving the nation and the Constitution.

. . ." For Nixon, however, domestic political dissent was defined as a state of war that justified illegal wiretaps, surveillance, and break-ins.

LANGUAGE PRACTICE AND COMPREHENSION CHECK

TERMS AND NOTIONS

Gray area-an area of a subject or situation that is not clear or does not fit into a particular group and is therefore difficult to define or deal with.

TASK I Consult a dictionary to find the meanings of the following words and word combinations in the text.

enumerate v., enumeration n., enumerated adj.

imply v., implication n., implicit adj.

suggest v., suggestion n.

categorize v., categorization n.

inherent adj. (in smb. / smth.)

express (adj.) (formal)

infer v. (smth. from smth.), inference n.

preserve v., preservation n.

in theory

opp. in practice

contemplate v., contemplation n., contemplative adj.

(un)lawful adj.

dissent n., v.

domestic adj.

a state of war

war-time n.

opp.. peace-time n.

break-in n.

TASK II Match the words with their definitions. Make up true or false statements on the US President’s powers using the words.

1. enumerate v. a. to put people or things into groups according to what type they are.

2. imply v. b. clearly and openly stated.

3. inherent adj. c. to reach an opinion.

or decide that smth. is true. on the basis of information that is available.

4. express adj. d. to keep a particular quality, feature, etc, to make sure that smth. is kept.

5. infer v. e. to suggest that smth. is true or you feel or think smth., without saying so directly.

6. preserve v. f. that is a basic or permanent part of smb. / smth. and that cannot be removed.

7. categorize v. g. to name things on a list one by one.

8. specific adj. h. of or inside a particular country; not foreign or international.

9. contemplate v. i. an entry into a building using force, usually to steal smth.

10. dissent n. j. to think about deeply and thoughtfully, esp. when considering a possible course of action or

future event.

11. domestic adj. k. detailed and exact.

12. break-in n. l. the fact of having or expressing opinions that are different from those that are officially accepted.

TASK III Fill in the correct word in the appropriate grammar form. Use the list of the active vocabulary.

1. The chairman… the main points.

2. I came here with the … purpose of speaking with the manager.

3. I disliked the … criticism in his voice Violence is … in our society.

4.Participants … … according to age and sex..

5. The possibility of war is too horrifying to … .

6. That sounds fine in … .

7. Output consists of both exports and sales on the … market.

8. Efforts to … peace have failed.

9. It is reasonable to … that the government knew about these deals.

TASK IV Find the Russian equivalents to the following words and word combinations. Reproduce the sentences with them from the text.

Challenging Vocabulary.

delineate v.(formal) to describe, draw or explain something in

detail.

to pass muster to be accepted as satisfactory.

surveillance n. the act of carefully watching a person suspected of a crime, or a place where a crime may be committed.

wiretap v. to listen secretly to other people’s telephone conversations by attaching a device to the telephone line.

TASK V Fill in the correct word or word combination in the appropriate grammar form from Task IV.

1. Nothing can justify illegal … and … .

2. Our objectives need to be precisely … .

3. The explanation can’t … … .

4. The police have been keeping her under … .

TASK VI Add at least three nouns to each of the following words to form word combinations.

Enumerated adj., implied adj., inherent adj., delineate v., provide v., express adj., infer v., preserve v., illegal adj., suggest v., contemplate v., lawful adj., domestic adj.

Task VII Change the form of the words by adding negative prefixes.

Identified, necessary, security, constitutional, legal, lawful.

TASK VIII а) Match the words on the left with their synonyms on the right. Make up sentences or word combinations with them.

1. to imply	a. to conclude
2. to delineate	b. to maintain
3.express	c. to excuse
4. to infer	d. lawful
5. to preserve	e. intrinsic
6. to justify	f. to consider
7. legal	g. to suggest
8. to contemplate	h. precise
9. inherent	i. to describe

b) Match the words and word combinations on the left with their antonyms on the right. Make up sentences or word combinations with them.

1. general adj. 1. to undermine

2. to imply 2. ambiguous

3. express adj. 3. to state

4. to preserve 4. to be inappropriate

5. to pass muster 5. specific

6. dissent n. 6. vague

7. in theory 7. peace-time

8. specific 8. in practice

9. war- time 9. assent

TASK IX Make up sentences with the following phrases using the text.

express authority

to identify presidential powers as

powers that can be inferred from

in one’s words

the “gray area” of the constitution

the holder of the execution power

to go beyond the enumerated powers

to take steps

to preserve the country’s security

to pass muster

in theory

it suggests that …

the Constitution contemplates …

to have extraordinary powers

to justify illegal wiretaps, surveillance and break–ins

TASK X Complete the sentences using the verbs in brackets in the appropriate grammar form. Then consult the text and explain the usage. Translate the sentences into Russian.

1. Scholars … … (to identify) presidential powers as enumerated, implied, or inherent .

2. Those powers that … … (to enumerate) in the Constitution provide express authority.

3. Implied powers refer to those that can … … (to infer) from express grants.

4. … a president can … (to go) beyond his enumerated powers and take whatever steps are necessary to preserve the country’s security, even if his action might … (to be) unconstitutional.

5. … Nixon …. … (to ask) whether in theory a president … … (to justify) in doing something illegal if he believes it is in the best interests of the nation.

6. For Nixon domestic political dissent … … (define) as a state of war that justified illegal wiretaps, surveillance, and break-ins.

TASK XI Paraphrase the sentences paying attention to the underlined parts of the sentences. You may transform the structure of the sentences.

1. For general purposes of categorization scholars have identified presidential powers as enumerated, implied, or inherent.

2. Implied powers refer to those that can be inferred from express grants.

3. The inherent power is the “gray area” of the Constitution.

4. As holder of the executive power a president can go beyond his enumerated powers and take whatever steps are necessary to preserve the country’s security.

5. The President is that far of a sovereign, that far above the law.

TASK XII Complete the sentences.

1. Richard Nixon identified the inherent power as … .

2. During a televised interview with David Frost, Richard Nixon emphasized that..

TASK XIII Translate into Russian.

1. For general purpose of categorization scholars have identified presidential powers as enumerated, implied, or inherent. Those powers that are enumerated (or clearly delineated) in the Constitution provide express authority.

2. Implied powers refer to those that can be inferred from express grants. The inherent power is the “gray area” of the Constitution.

3. This reasoning worked during the Civil war but could not pass muster during Watergate.

4. Is there anything in the Constitution or the Bill of Rights that suggests that the President is that far of a sovereign, that far above the law?

5. In war time, a President does have certain extraordinary powers which would make acts that would otherwise be unlawful, lawful if undertaken for the purpose of preserving the nation and the Constitution.

TASK XIV Read the text again and answer the questions.

1. What are the categories of presidential powers? Characterize them.

2. Can a president as holder of the executive power go beyond his enumerated powers to preserve the country’s security?

What is Richard Nixon’s view on the subject?

TASK XV Discussion points.

1.Do you share the view that a president can be justified in doing something illegal if he believes it is in the best interests of the nation? Give your arguments. Use the following phrases:

To my mind. It seems to me… It should be added that…., The point I am trying to make… Let me add that…. On this point I cannot agree with… Another thing to remember is….

Background information.

1. Nixon Richard Milhous (1913) 37 th president of the USA (1969-1974).

2. Civil war (1861-65) between the Southern or Confederate States of America and the Northern or Union States. The former wished to maintain certain “states” rights”, in particular the right to determine state law on the institution of slavery, and claimed the right to secede from the Union; the latter fought primarily to maintain the Union, with slave emancipation a secondary issue.

3. Watergate US political scandal named after the building in Washington, DC, which housed the headquarters of the Democratic National Committee in the 1972 presidential election. The scandal began with the burglary and wiretapping of the Democratic Party’s campaign headquarters, later the scandal engulfed President Nixon and many of his supporters in a variety of illegal acts, and culminated in the resignation of the US president.

4. The Bill of Rights the first 10 amendments to the US Constitution (1791).

Text 4 The Treaty-Making Power

The executive has also maneuvered into a commanding strategic position in the area of treaty approval or disapproval. Under the 1798 Logan Act, only the president or his agent is authorized to conduct foreign relations for the United States. In that year Senator George Logan of Pennsylvania traveled to France to discuss the possibility of reestablishing diplomatic relations. Logan had appointed himself to represent the United States. Congress showed its displeasure by barring all private citizens from negotiating for the United States with foreign nations. When citizen Edmond Genet arrived in America as the new French ambassador, only President Washington was legally authorized to give him diplomatic recognition. When U.S. congressmen travel abroad on fact-finding missions, they cannot officially represent the United States, since such actions would usurp the executive's constitutional responsibility. And when Jesse Jackson visited Damascus in 1984 to seek the release of Navy Lieutenant Robert O. Goodman, Jr., the State Department refused to sanction the trip, forcing Jackson to travel as a private citizen.

Since 1789 approximately 1,600 treaties have been submitted to the Senate for ratification. Over three-fourths have been approved with no modification. However, the numbers are a bit misleading since presidents withdrew 150 of the treaties when defeat seemed likely. Only 1 percent of all treaties submitted to the Senate have actually been defeated. The Senate's rejection of Wilson's Treaty of Versailles is the classic example of a defeat, but Wilson seized this defeat from the Jaws of victory by refusing to compromise on several nonessential issues. Wilson allowed his personal hatred for Senator Henry Cabot Lodge to overcome the need for a more moderate political strategy. He failed to compromise on points that obviously called for such a strategy.

The Senate's ratification of the Panama Canal treaties provides an instructive example of the politicized approval process. The treaty eventually received Senate ratification by one vote (68—32), but only after President Carter agreed to the DeConcini reservation, which will allow the United States to use force, if necessary, to keep the canal operating after 1990. To ensure ratification, Carter was forced to behave like Monty Hall on the TV program "Let's Make a Deal." Over fifty Senators went to Panama on a fact-finding mission, and when the treaty reached the Senate over 140 amendments and 26 reservations were proposed.'' Republican Senator Robert Dole joked that he felt like withholding support just to see if Carter would give him a navy base in Kansas.

LANGUAGE PRACTICE AND COMPREHENSION CHECK

TERMS AND NOTIONS

Fact-finding mission-a mission that aims to find out information about a country, an organization, a situation.

Ratification-making an agreement officially valid by voting for or signing it.

TASK I Consult a dictionary to find the meanings of the following words in the text.

Active Vocabulary.

approve v.(of) smth.), approval n. (for smth.)

treaty n

agent n.

authorize v., authorization, authority n.

appoint v., appointment, appointee n.

bar v. (smb. from smth./doing smth.)

negotiate v. ( with smb. for/about smth.), negotiate v. (smth.)

negotiation(s) n.

seek v. (smth.), seeker n.

submission n., submit v. (smth. to smb./smth.)

modify v., modification n.

withdraw v., withdrawal n.

compromise v. (on smth.), n.

ratify v., ratification n.

moderate adj., moderation n.

instructive adj., instruct v.

provide v., provision n.

reservation n.

ensure v.

amend v., amendment n.

TASK II Match the words with their definitions. Ask questions about the text using the words.

1. ensure v. a. having or showing opinions,

especially about politics, that are not extreme.

2. approve v. b. a formal agreement made between countries.

3. seek v. c. to change smth. slightly.

4. modify v. d. to give smth. to smb. or make it

available for them to use.

5. moderate adj. e. to think that smb. /smth. is good,

acceptable or suitable.

6. provide v. . f. to try to obtain or achieve smth.

7. the executive n. g. to choose smb. for a job or position

of responsibility.

8. negotiate v. h. to forbid or prevent smb. from doing smth.

9. agent n. i. to give a document, proposal to smb. in authority so that they can study or consider it.

10. authorize v. j. to try to reach an agreement by formal discussion.

11. appoint v. k. a person whose job is to act for or

manage the affairs of other people in business, politics, etc.

12. bar v. l. to give official permission for smth.

13. submit v. m. to stop taking part in an activity.

14 withdraw v. n. the part of the government responsible for putting laws into effect.

15. compromise v. o. a small change or improvement that is made to a law or a document.

16. ratify v. p. to make sure that smth. happens or is definite.

17. instructive adj. q. to make an agreement officially valid by voting for or signing it.

18. amendment n. r. to give up some of your demands after a dispute with smb., in order to reach an agreement.

19. treaty n. s. giving a lot of useful information.

TASK III Fill in the correct word in the appropriate grammar form. Use the list of the active vocabulary.

1. As chief …, the president also … senior officials of agencies in the expansive bureaucracy and secretaries of the major departments that make up the president’s cabinet.

2. Who … the payment of the bill?

3. The committee unanimously … the plan.

4. Traffic ... … … from the city centre.

5. Our … in New York deals with all US sales.

6. We … currently … new ways of expanding our membership.

7. The president doesn’t … of the idea.

8. Considerable … of the existing system is needed.

9. Completed projects must … … by 10 March.

10. There have been calls for Britain to … from the EU.

11. The government refused to… a further cut in interest rates.

12. His views are quite … . .

13. It is … to see how other countries are tackling the problem.

14. After much argument, the judges finally … on this case.

15. The committee proposed a number of … .

16. A change in the law will … fair treatment for people of all races.

17. The report was not expected to… any answers.

18. Parliament passed the bill without further … .

TASK IV Find the Russian equivalents to the following words. Reproduce the sentences with them from the text.

Challenging Vocabulary.

manoeuvre v., n. to control or influence a situation in a skilful

(Am. maneuver) but sometimes dishonest way.

fact-finding adj. that aims to find out information about a country, organization, situation.

usurp v. (usurpation n.) to take smb.’s

position, power

without having the right to do this.

withhold v.(formal) to refuse to give smth. to smb.

TASK V Use the correct word from the list above.

1. The new laws have left us little room to … .

2. The commission paid a … visit.

3. She was accused of … information from the police.

4. He attempted to … the principal’s authority.

TASK VI Add at least three nouns to each of the following verbs to form word combinations .

Authorize v., conduct v., establish v., appoint v., negotiate v., usurp v., seek v., submit v., withdraw v., withhold v.

TASK VII Change the form of the words by adding negative prefixes.

Approval, authorized, possible, pleasure, legal, official, ratified, to lead, likely, compromising, essential, to agree, necessary.

TASK VIII a) Match the words on the left with their synonyms on the right. Make up sentences or word combinations with them.

1. to approve	a. to prevent
2. agent	b. duty
3. to establish	c. сountry
4. to bar	d. liberation
5. nation	e. to authorize
6. responsibility	f. to act for
7. to represent	g. to set up
8 release n.	h. to offer
9. to submit	i.representative

b) Match the words on the left with their antonyms on the right. Make up sentences or word combinations with them.

1. approximately a. to discontinue

2. legal b. victory

3. to reject c. to loosen

4. to seize d. imprisonment

5. defeat n. e. to manage

6. essential f. extreme

7. to establish g. unimportant

8. to appoint h. to accept

9. private i. illegal

10. release n. j. to dismiss

11. to submit k. public

12. moderate l. precisely

13. to fail m. to withdraw

TASK IX Make up sentences with the following phrases using the text.

Under the act

To be authorized to conduct foreign relations

To bar citizens from negotiating

To give smb. diplomatic recognition

To travel on fact-finding missions

To usurp the executive’s constitutional responsibility

To sanction the trip

To submit a treaty to the Senate for ratification

To approve with no modification

To withdraw treaties

To compromise on issues

To provide an instructive example

To ensure ratification

To propose amendments and reservations

To withhold support

TASK X Complete the sentences using the verbs in brackets in the appropriate grammar form, then consult the text and explain the usage.

1. The executive … … (to maneuver) into a commanding strategic position … .

2. …only the president or his agent … … (to authorize) to conduct foreign relations for the United States.

3. Congress showed its displeasure by … (to bar) all private citizens from … (to negotiate) for the United States with foreign nations.

4. … they cannot officially represent the US, since such actions … … (to usurp) the executive’s constitutional responsibility.

5. The State Department refused to sanction the trip, … (to force) Jackson to travel as a private citizen.

6. Since 1789 approximately 1,600 treaties … … … (to submit) to the Senate for ratification . Over three-fourths … … …(to approve) with no modification. . 7. Only 1 percent of all treaties … (to submit) to the Senate … … … (to defeat) .

8. Republican Senator Robert Dole joked that he felt like withholding support just to see if Carter … … (to give) him a navy base in Kansas.

TASK XI Paraphrase the sentences paying attention to the underlined parts of the sentences. You may transform the structure of the sentences.

1. The executive has also maneuvered into a commanding strategic position in the area of treaty approval and disapproval.

2. Only the president or his agent is authorized to conduct foreign relations for the US.

3. Congress showed its displeasure by barring all private citizens from negotiating for the US with foreign nations.

4. When US congressmen travel abroad on fact-finding missions, they cannot officially represent the US.

5. Wilson seized this defeat from the jaws of victory by refusing to compromise on several nonessential issues.

TASK XII Make sure that you understand the meaning of the following notions.

The executive, strategy, diplomatic relations, diplomatic recognition, the State Department.

TASK XIII Study the information.

Treaty of Versailles – peace treaty after World War I between the Allies (except the US and China) and Germany, signed on 28 June 1919. The Treaty was never ratified by the USA, which signed separate treaties with Germany and Austria in 1921. The terms of Versailles and its reshaping of Europe contributed to the outbreak of World War II.

USA – Panama treaties (1977) transferred the canal to Panama (effective from 2000) with the USA guaranteeing protection and annual payment.

TASK XIV Translate into Russian.

1. The executive has also maneuvered into a commanding strategic position in the area of Treaty approval or disapproval.

2. Logan had appointed himself to represent the United States. Congress showed its displeasure by barring all private citizens from negotiating for the United States with foreign nations.

3. When US congressmen travel abroad on fact-finding missions, they cannot officially represent the United States since such actions would usurp the executive’s constitutional responsibility.

4. However, the numbers are a bit misleading since presidents withdrew 150 of the treaties when defeat seemed likely.

5. The Senate’s rejection of Wilson’s Treaty of Versailles is the classic example of a defeat, but Wilson seized this defeat from the Jaws of victory by refusing to compromise on several nonessential issues. Wilson allowed his personal hatred for Senator Henry Cabot Lodge to overcome the need for a more moderate political strategy. He failed to compromise on points that obviously called for such a strategy.

6. The Senate’s ratification of the Panama Canal treaties provides an instructive example of the politicized approval process.

TASK XV Read the text again and answer the questions.

1. Who is authorized to conduct foreign relations for the USA?

2. Does the Senate usually approve all the treaties submitted for ratification?

3. Why are the numbers of the treaties approved by the Senate a bit misleading?

4. Give examples of the Senate’s rejection of treaties and the Senate’s ratification of treaties.

TASK XVI Discussion Points.

1. Characterize the relations between the US executive and Congress.

2. Comment on the statement “Compromise is an integral part of politics”.

3. Divide into two groups with one side speaking about the Russian President’s powers in foreign policy and the other side focusing on the US President’s duties in foreign affairs. Compare their powers. Rely on the Constitutions of the two nations.

Background information

1. Washington, George (1732-1799) 1 st President of the USA (1789-97)

2. Jackson, Jesse (1941) U.S. civil rights leader. From the late 1970s Jackson gained wide attention through his attempts to mediate in various international disputes, including in the Middle East.

3. Wilson, Woodrow (1856-1924) 28 th President of the USA (1913-21)

4. Lodge, Henry Cabot (1850-1924) American writer and politician.

5. Carter, Jimmy (1924) 39 th President of the USA (1977-81)

One of the features of his presidency was the return of Panama Canal Zone to Panama.

Text 5 Executive Agreements

The proliferation of executive agreements has been one of the most significant changes in the character of foreign relations. Under the executive agreement process, presidential agents negotiate directly with other countries. In 1951 Senator John Bricker (Ohio) sponsored a constitutional amendment to restrict the president's power to negotiate treaties and executive agreements. Sixty-two senators endorsed the amendment, which would have required both federal and state enabling legislation to allow Congress to monitor all executive agreements. But President Eisenhower's opposition to this assault on presidential power helped defeat the Bricker amendment.

Executive agreements got off to an inconspicuous start. In 1792 the postmaster general was authorized to negotiate procedures for reciprocal receipts and postage costs with postmasters from other countries. Since that time presidents have used a wide variety of executive agreements. Executive agreements have been used to demilitarize the Great Lakes and to negotiate arms deals with Israel. By executive agreement McKinley ended the war with Spain, Teddy Roosevelt restricted Japanese immigration to the United States, and Richard Nixon pledged military support to Saigon.

State Department Circular 175 stipulates the official distinction between a treaty and an executive agreement. The circular recognizes three legal bases for executive agreements: (1) executive agreements pursuant to treaties, (2) those pursuant to legislation, and (3) those pursuant to the president's constitutional authority. This last justification is particularly important. Circular 175 provides that "the President may conclude an international agreement on any subject within his constitutional authority so long as the agreement is not inconsistent with legislation enacted by the Congress in the exercise of its constitutional authority." And what are the constitutional bases for concluding international agreements?

LANGUAGE PRACTICE AND COMPREHENSION CHECK

TERMS AND NOTIONS

Treaty-a formal agreement between two or more countries.

Under the Constitution, the President has the sole power to initiate and make treaties, which must be approved by the Senate before they become binding on citizens of the US as law.

Executive agreement-in such agreements the President, without the need for Senate approval, may bind the government just as in a treaty.

Enabling legislation-legislation that gives appropriate officials the power to implement and enforce the law.

Circular-a printed letter, notice or advertisement that is sent to a large number of people at the same time.

TASK I Consult a dictionary to find the meanings of the following words and word combinations in the text.

Active vocabulary.

agreement n., agree v.

executive agreement

proliferate v., proliferation n.

endorse v., endorsement n.

monitor v, n.

(in)conspicuous adj.

reciprocal adj.

variety n.(of smth), vary v.

deal n.

pledge v., n.

stipulate v., stipulation n.

distinction n, distinct adj.

consistent adj.(with smb./smth.)

exercise n., v.

restrict v., restriction n.

TASK II Find the Russian equivalents to the following words. Reproduce the sentences with them from the text.

Challenging Vocabulary.

sponsor v. to introduce a proposal

receipts (pl) n. money that a business bank or government receives.

TASK III Match the words with their definitions. Make up true or false statements on the text using the words.

1. agreement n. a. to limit smth.

2. proliferate v. b. in agreement with smth.

3. endorse v. c. money that a business bank or government receives.

4. monitor v. d. to state clearly and firmly that smth. must be done or how it must be done.

5. conspicuous adj. e. the use of power, a skill, a quality or a right to make smth. happen.

6. reciprocal adj f. to say publicly that you support a person, statement or course of action.

7. variety n. g. easy to see or notice; likely to attract attention.

8. deal n. h. several different sorts of the same thing.

9. pledge v. i. to introduce the proposal.

10. stipulate v. j. an agreement, especially in business.

11. sponsor v. k. to watch and check smth. over a period of time in order to see how it develops so that you can make any necessary changes.

12. consistent adj.( with) l. involving two people or groups who agree to help each other or behave in the same way to each other.

13.receipts n. m. to formally promise to give or do smth.

14. exercise n. n. an arrangement or promise of action, such

as one made between people, groups, businesses or countries.

15.restrict v. o. a clear difference or contrast.

16. distinction n. p. to increase rapidly in number or amount.

TASK IV Fill in the correct word in the appropriate grammar form. Use the lists of the active and challenging vocabulary.

1. Books and articles on the subject … … over the last year.

2. There is a wide … of patterns to choose from.

3. Such a decision was a legitimate … of the committee’s authority.

4 The bank’s … have increased since last year.

5. Members of all parties … a ban on land mines.

6. The amendment … … by a Democrat.

7. We … the enemy’s radio broadcasts for political information.

8. The government … their support for the plan.

9. They were hoping for a better pay … .

10. The event was a … success.

11. We … the number to 10.

12. A delivery date … … in the contract.

13. The results are entirely ... with our earlier research.

14. The … was signed during a meeting at the UN.

15. They approved of a … trade agreement between the countries.

TASK V Add at least three nouns to each of the following words to form word combinations.

Executive adj., sponsor v., restrict v., endorse v., monitor v., reciprocal adj., pledge v., stipulate v., enact v.

TASK VI Change the form of the words by adding negative prefixes.

Proliferation, significant, directly, restricted, conspicuous, authorized, militarize, official adj., legal, constitutional, consistent.

TASK VII a) Match the words on the left with their synonyms on the right. Make up sentences or word combinations with them.

1. agent	a. to vow
2. to endorse	b. to sanction
3. to authorize	c. to control
4. to monitor	d. to provide
5. to pledge	e. according to
6. to stipulate	f. to approve
7. pursuant to	g. representative

b) Match the words on the left with their antonyms on the right.

Make up sentences or word combinations with them.

1. conspicuous a. to sever

2. to authorize b. illegal

3. to end c. emigration

4. war d. to prohibit

5. immigration e. unimportant

6. legal f. to initiate

7. important g. peace

8. to conclude h. neutral

TASK VIII Make up sentences with the following words and phrases using the text.

• the proliferation of executive agreements

• under the executive agreement process

• to negotiate directly

• to sponsor a constitutional amendment

• to monitor agreements

• to endorse the amendment

• to defeat the amendment

• to stipulate

• the circular provides that …

• to conclude an agreement on any subject

• to be consistent with legislation

• legislation enacted by Congress

• in the exercise of

TASK IX Explain the usage of the underlined grammar forms. Translate the sentences into Russian.

1. The proliferation of executive agreements has been one of the most significant changes in the character of foreign relations.

2. Sixty two senators endorsed the amendment, which would have required both federal and state enabling legislation to allow Congress to monitor all executive agreements.

3. In 1972 the postmaster general was authorized to negotiate procedures for reciprocal receipts and postage costs with postmasters from other countries.

Since that time presidents have used a wide variety of executive agreements.

Executive agreements have been used to demilitarize the Great Lakes.

4. The President may conclude an international agreement on any subject with his constitutional authority so long as the agreement is not inconsistent with legislation enacted by Congress … .

TASK X Paraphrase the sentences paying attention to the underlined parts of the sentences. You may transform the structure of the sentences.

1. The proliferation of executive agreements has been one of the most significant changes in the character of foreign relations.

2. In 1951 Senator John Bricker sponsored a constitutional amendment to restrict the president’s power … .

3. But President Eisenhower’s opposition to this assault on presidential power helped defeat the Bricker amendment.

4. Since that time presidents have used a wide variety of executive agreements.

5. State Department Circular 175 stipulates the official distinction between a treaty and an executive agreement.

6. The circular recognizes three legal bases for executive agreements.

7. The President may conclude an international agreement on any subject within his constitutional authority so long as the agreement is not inconsistent with legislation enacted by Congress in the exercise of its constitutional authority.

TASK XI Make sure that you understand the meaning of the following notions.

demilitarization, immigration, federal legislation, state legislation.

TASK XII Translate into Russian.

1 In 1951 Senator John Bricker sponsored a constitutional amendment to restrict the president’s power to negotiate treaties and executive agreements. Sixty two senators endorsed the amendment, which would have required both federal and state enabling legislation to allow Congress to monitor all executive agreements. But President Eisenhower’s opposition to this assault on presidential power helped defeat the Bricker amendment.

2 Executive agreements got off to an inconspicuous start. In 1792 the postmaster general was authorized to negotiate procedures for reciprocal receipts and postage costs with postmasters from other countries.

3 The circular recognized three legal bases for executive agreements:

(1) executive agreements pursuant to treaties,

(2) those pursuant to legislation,

(3) those pursuant to the president’s constitutional authority.

This last justification is particularly important.

4 The President may conclude an international agreement on any subject within his constitutional authority so long as the agreement is not inconsistent with legislation enacted by Congress in the exercise of its constitutional authority.

TASK XIII Read the text again and answer the questions.

1. What is the executive agreement?

2. What constitutional amendment did Senator John Bicker sponsor in 1951?

How did the Senate and the President respond to the amendment?

3. Give examples of executive agreements.

4. What are three legal bases for executive agreements?

5. What does State Department Circular 175 provide for?

TASK XIV Discussion Points.

1. Do you think that a US President can have an effective policy? Give arguments.

2. Compare the Presidents’ powers in the USA and Russia.

Use the following phrases:

In my view... As far as I can see…. I am afraid I don’t share your view on this... That’s my point exactly... What I mean to say is…. In comparison with…

Background information.

1. The USA is an example of federal government. The USA is made up from a number of states. The central government has powers over national issues such as foreign policy and defense, while the individual states retain a high degree of regional and local autonomy. A federation should be distinguished from a confederation, a looser union of states for mutual assistance.

2. Eisenhower Dwight David (1890-1969) 34 th President of the USA (1953-1961).

3. McKinley William (1843-1901) 25 th President of the USA (1897-1901).

4. Roosevelt, Theodore (1858-1919) 26 th President of the USA (1901-1909).

5. Nixon, Richard (1913) 37 th President of the USA (1969-1974).

Text 6 THE PRESIDENTIAL VETO

The Constitutional Convention initially gave the executive a qualified veto with the proportion of the legislature needed to override established at three-fourths ( this provided greater independence from the legislature, which was still empowered to select the president ). When the mode of presidential selection was shifted outside Congress, the convention returned to the present two-thirds override.

The intent of the framers concerning the veto is widely debated. Most delegates envisioned the veto as a “negative” by which an executive could be defended against legislative excesses, which is precisely why supporters of a line-item veto refer to reinstating the intent of the Framers. The veto represented one of the most basic elements in how the Framers sought to separate and check power.

Did the Framers intend the executive to use the veto only against legislative encroachment, or would the veto also apply to bad legislation? And what criteria would a president employ in determining what was a poor law? Hamilton argued that the veto was necessary to protect executive independence ( “ He might gradually be stripped of his authorities by successive resolutions or annihilated by a single vote” ) and that the veto “ not only serves as a shield to the executive, it furnishes an additional security against the enaction of improper laws. It establishes a salutary check upon the legislative body calculated to guard the community against the effects of faction, precipitancy, or any impulse unfriendly to the public good, which may happen to influence a majority of that body.”

The veto may have once served as a weapon of last resort, but several presidents have used a veto strategy to implement their legislative goals. For example, the first six American presidents vetoed a total of 9 bills. Taylor, Fillmore, and Garfield vetoed no bills, Polk vetoed 3, and Franklin Roosevelt vetoed 635 – reflecting both his conception of the presidency and his influence over the legislative process. The veto also serves as a persuasive lever when the branches are in conflict. Presidents frequently find the mere threat of a veto sufficient. In 1985, for example, president Reagan ( who used the veto less frequently than his predecessors ) dared Congress to try raising taxes. Borrowing from Clint Eastwood, he said such action would “ make my day” and be met by a quick veto. The use of the veto by a president of one party against a Congress controlled by another is something the framers did not anticipate.

THE POCKET VETO. The pocket veto is one subject to current controversy. Congress passes a bill; it arrives at a White House. The president can sign the bill if he approves it. Or veto the bill and return it to the Congress, which can override the veto by a two-thirds vote in each house. The president can also decide to take no action, in which case the bill becomes a law in ten working days. When Congress is not in session the president can not return a bill; therefore, according to the Constitution, “ It shall not be a law.” The term used to describe this action is pocket veto – the president pockets the legislation and denies Congress a chance to override the veto.

Can a president pocket a bill when Congress merely adjourns for a Christmas holiday? In1984 a U.S. Court of Appeals panel ruled that President Reagan acted illegally when he pocket vetoed legislation linking military aid to El Salvador with human rights progress. Reagan decided to break what had been a political accommodation under Presidents Ford and Carter, who restricted the pocket veto to final adjournment of Congress at the end of the second session. Reagan exercised the pocket veto between the first and the second sessions of the 98^th Congress. In 1984 the U.S. Circuit Court of Appeals for the District of Columbia ruled that a president may use the pocket veto only between the adjournment of one Congress and the Convening of a newly elected one . Thus Reagan should have returned the human rights bill for a possible override vote in the second session of the 98^th Congress. The Supreme Court will hear an appeal from the Reagan administration to decide whether a president can stop a bill from becoming a law during recesses between sessions of the same Congress.