Добавил:
Upload Опубликованный материал нарушает ваши авторские права? Сообщите нам.
Вуз: Предмет: Файл:
методичка англ-яз юристы з-о 2013.doc
Скачиваний:
104
Добавлен:
13.04.2015
Размер:
651.78 Кб
Скачать

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.

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"?

The system of checks and balances

The Constitution provides for three main branches of government which are separate and distinct from one another. 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.

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 President also has the power to name all federal judges; they, too, 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.

The system of checks and balances makes compromise and consensus necessary. Compromise is also a vital aspect of other levels of government in the United States. This system protects against extremes. It means, for example, that new presidents cannot radically change governmental policies just as they wish. In the US, therefore, when people think of "the government", they usually mean the entire system, that is, the Executive Branch and the President, Congress, and the courts. In fact and in practice, therefore, the President (i.e. "the Administration") is not as powerful as many people outside the US seem to think he is. In comparison with other leaders in systems where the majority party forms "the government", he is much less so.

Find in the text the English equivalents for the expressions below.

- быть связанным с;

- получить слишком большую власть;

- зависеть от;

- политика правительства;

- партия большинства;

- отклонить вето президента;

- одобрить;

- по сравнению с.

Answer the questions.

1. How are the powers of

a) the President;

b) Congress;

c) the Supreme Court limited by the system of checks and balances?

2. What is the role of compromise in the American system of running the country?

3. Why do people abroad tend to exaggerate the power of the US President?