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Legal English For Correspondence Students.doc
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The american constitution

The United States constitution consists of the Preamble, 7 Articles and 27 Amendments. It was adopted in September, 1787.

It is based on the doctrine of the separation of powers between the executive, legislative, and judicial bodies. It means that respective government institutions the Presidency, Congress and the Courts were given limited and specific powers. A series of checks and balances, whereby each branch of power has certain authority over the others, were also included to make sure that these powers were not abused. Next, government power was further limited by means of a dual system of government, according to which the federal government was only given the powers and responsibilities to deal with problems facing the nation as a whole (foreign affairs, trade, control of the Army and Navy, etc.). The remaining responsibilities and duties of government were given to the individual state governments.

Article 5 allowed for amendments to be made to the Constitution, if they are passed by a two-thirds majority in both houses of the Congress and then ratified by the legislatures of three-fourths of the states. The Constitution was finally ratified by all 13 states in 1791, and it contained already 10 amendments collectively known as the Bill of Rights, which proclaimed the freedom of religion, speech, and the press. These freedoms protected the citizen against possible tyranny by the federal government. So far, 27 amendments have been made to the Constitution.

U.S. Legislature

The Congress of the U.S. is the legislative branch of the national government, in effect (по сути), the national legislature. Its existence, authority and limitations are provided by the Constitution, Art. 1, which begins as follows:

“All legislative powers herein granted shall be vested in (возложена на) a Congress of the U.S., which shall consist of a Senate and a House of Representatives.”

The function of the legislative branch of the government is to make the laws and to finance the operation of the government through levying (взимание) taxes and appropriating (выделение) money requested by the executive branch of the government.

Congress must hold an annual meeting commencing (начинающееся) normally on January, 3.

The time of meeting is fixed by each house. Under standing order (по существующему порядку), the house ordinarily meets at 12 o’clock noon and usually remains in session until 5 or 6 p.m.

“Filibuster” meant originally a buccaneer, (пират), such as plundered (грабил) the Spanish colonies in America, and later, adventurers (авантюристы) who led private armed expeditions. From this general idea, the term has come to be colloquially used to designate organized obstructionist tactics in legislative bodies. It is the practice of deliberately taking advantage of freedom of debate in the Senate with a view (с целью) to delay or prevent action on a measure under discussion.

The presidency

The presidency in the USA is the highest executive, or governmental office in the country.

The executive branch, which includes the President, Vice-President, and the President's Cabinet, is responsible for administering and executing laws. Very often, it is called the American administration.

Any natural-born citizen over the age of 34 may be elected President for a term of four years and can only be re-elected for one more term.

This is stated in the 22nd amendment adopted after Franklin D. Roosevelt's four successive terms. Originally, the President was supposed to be little more than a ceremonial head of state, as well as commander-in-chief of the armed forces, but the federal government's increasing role and involvement in the nation's economic life and its prominent role in international affairs, where secrecy and speed are essential, have increased the importance of the presidency over the Congress. It is the President now who proposes a full legislative program to the Congress, although the President, the Cabinet and staff are not, and cannot be, members of the Congress. This means that the various bills must be introduced into the House of Representatives or the Senate by their members. The President is, consequently, completely powerless when faced by an uncooperative Congress.

The role of the Vice-President is not very well defined by the constitution that gives him or her no other task than of presiding over the debates in the Senate where he may vote in the case of a tie.

Yet, the role of the Vice-President is very big because he takes over from the President in case of death, resignation or sickness; it has already happened eight times. To try and attract able men to this otherwise unimportant post, Vice-Presidents have recently been given more important tasks, especially in foreign affairs.