The Federal Judiciary

The third branch of government, in addition to the legislative (Congress) and executive (President) branches, is the federal judiciary. Its main instrument is the Supreme Court, which watches over the other two branches. It determines whether or not their laws and acts are in accordance with the Constitution. 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. In addition to the Supreme Court, Congress has established 11 federal courts of appeal and, below them, 91 federal district courts.

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. The Supreme Court chooses which of these it will hear. 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.

Exercises

1. Suggest the English for:

Смотреть за, в соответствии с, определять (число), занимать пост (быть у власти), учредить (установить), апелляция, достигать, трактовка, провозглашать.

2. Explain the meanings of the following expressions from the text and make sentences with each of them:

Chief Justice; Associate Justice; federal court; district court; direct jurisdiction; lower court; to be unconstitutional.

3. Determine true and false statements. Correct the false ones:

1. The President has the power to fix the number of judges sitting on the Court.

2. The President nominates a chief justice and eight associate justice, then the Senate approves them.

3. A chief justice and eight associate justice hold office as Supreme Court Justices for a 4 year term.

4. A decision of the Supreme Court can be appealed to lower courts.

4. Answer the questions.

1. What are the functions of the Supreme Court of the USA?

2. Who does the Supreme Court consist of?

3. How long do the Supreme Court Justices serve?

4. Are the Supreme Court Justices elected?

5. Who can change the decisions of the Supreme Court?

6. What lower courts, besides the Supreme Court, are there in the USA ?

7. In what kinds of cases does the Supreme Court have direct jurisdiction?

8. What is the "power of judicial review"?

Dialogue 1

1. Read the dialogue between British politician and a Russian student and say who has real power in Britain.

Ann: Good morning, Mr. Brown! We are glad to see you at our lesson!

Mr. Brown: Good morning!

Ann: You see we study law and now we are interested in the political system of Great Britain. We hope you can tell us all about it.

Mr. Brown: I will do all my best. So, the United Kingdom and Northern Ireland is a Constitutional monarchy.

Ann: And what does it mean?

Mr. Brown: It means that Great Britain is governed by the Parliament and the Queen as the Head of State. Now the reigning monarch is Elizabeth II.

Ann: Am I right to understand that the monarch is the source of executive, legislative and judicial branches?

Mr. Brown: Yes, you are right! And also the Queen is the Chief Commander of the country.

Ann: Oh, that’s interesting! But I have heard that real power belongs to the Prime Minister.

Mr. Brown: The Queen appoints the Cabinet. The Head of it is Prime Minister who determines the staff of all committees, who is the Head of the House of

Commons and who presents the UK abroad.

Ann: Who is the Prime minister now?

Mr. Brown: David Cameron.

Ann: I know that the House of Commons, alongside with the House of Lords, is a part of the Parliament. Who are the members of the houses?

Mr. Brown: The House of Lords is composed of hereditary and life peers. The members of the commons are elected by the people.

Ann: I see. And I would like to know about parties of the UK.

Mr. Brown: In the UK there is a two-party system. The major party with the Prime Minister as the leader is the Conservative party.

Ann: As I can understand the second party forms an opposition.

Mr. Brown: This opposition is called the Shadow Cabinet. It is created by the Labors.

Ann: And what about Judicial branch?

Mr. Brown: It is independent from executive and legislative ones. It determines common law. The main body of it is the Supreme Court.