14. Выразите согласие или несогласие с данными утверждениями.

1. Many written constitutions fail to avoid a concentration of power.

2. The vacuum is filled by the legal doctrine of the legislative supremacy

of Parliament.

3. The absence of a written constitution doesn't affect the sources of constitutional law.

15. Ответьте на вопросы.

1. Which forms may the legal structure assume?

2. What is important to avoid for countries with written constitutions?

3. What is the vacuum of written constitution filled by?

4. Which disadvantages of not having a written constitution can you point out?

5. How does the absence of a written constitution affect constitutional law and its sources?

The USA

Text 4

THE CONSTITUTION AS SUPREME LAW

The U.S. Constitution calls itself the "supreme law of the land." This clause is taken to mean that when state constitutions or laws passed by state legislatures or the national Congress are found to conflict with the federal Constitution, they have no force.

Final authority is vested in the American people, who can change the fundamental law, if they wish, by amending the Constitution. The people do not exercise their authority directly, however. They delegate the day-to-day business of government to public officials, both elected and appointed.

The power of public officials is limited. Their public actions must conform to the Constitution and to the laws made in accord with the Constitution. Elected officials must stand for re-election at periodic intervals. Appointed officials serve at the pleasure of the person or authority who appointed them, and may be removed when their performance is unsatisfactory. The exception to this practice is the lifetime appointment by the president of justices of the Supreme Court and other federal judges, so that they may be free of political obligations or influence.

Most commonly, the American people express their will through the ballot box. The Constitution, however, does make provision for the removal of a public official from office, in cases of extreme misconduct, by the process of impeachment. Article II. Section 4 reads:

The President, Vice President, and all civil officers of the United States, shall be removed from office on impeachment for, and conviction of, treason, bribery, or other high crimes and misdemeanors.

Impeachment is a charge of misconduct brought against a government official by a legislative body: it does not, as is commonly thought, refer to conviction on such charges. The House of Representatives must bring charges of misconduct by voting abill of impeachment. The accused official is then tried in the Senate, with the chief justice of the Supreme Court presiding at the trial.

Impeachment has been used on only rare occasions in the Unites States. The House of Representatives has voted articles of impeachment just 17 times in the history of the country. Thirteen of the 17 persons who have been impeached were federal judges, as were all seven individuals convicted by the Senate.

Notes

laws passed by state legislatures — законы, принятые легистрату-рой штата (законодательными органами) final authority — окончательное судебное решение

be vested - переходить (передаваться) во владение

amend the Constitution — вносить поправки в конституцию

exercise one's authority directly — прямо (непосредственно)

осуществлять власть

conform to the constitution — соответствовать конституции

stand for re-election - выступать за переизбрание

be removed — быть смещенным

free of political obligations or influence — свободные от полити­ческих обязательств или влияния

make provision for the removal of a public official - создать условия

для смещения официального лица

in cases of extreme misconduct — в случаях серьезного наруше­ния служебных обязанностей

misdemeanor - мисдиминор (категория наименее опасных преступлений)

Упражнения

*16. Соотнесите слова в левой колонке с их определениями в правой.

1. draft a. to be given control over something or the power to do

2. conform to something

3. be vested b. to change the words of a law or a legal document

4. provision с a piece of writing that is done early to help prepare it

5. misconduct in its final form

6. amend d. wrong or immoral behavior of someone in a position

of authority or responsibility

e. the act of considering the need for something and arranging for it

f. to behave according to a group's usual standards and expectations

17. Составьте предложения, используя данные словосочетания.

passed by state legislatures; change the fundamental law; public officials, both elected and appointed; be limited; in accord with Constitution; lifetime appointment: remove from office; impeachment; bring charges of misconduct;

18. Найдите в тексте словосочетания с данными юридическими терминами.

federal, supremacy, .fundamental, authority, appointment, official, impeachment, trial, conviction.

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19. Выразите согласие или несогласие с данными утверждениями.

1. The people exercise their political authority directly.

1. Justices of the Supreme Court may be free of political obligations or influence.

2. Impeachment is a charge of misconduct brought against a justice of the Supreme Court.

2. The accused official is then tried in the Senate.

20. Ответьте на вопросы.

1. What does the statement "supreme law of the land" mean?

2. How do American people exercise their authority?

3. How is the power of public officials limited?

4. What does "impeachment" mean and when is this measure taken?

Text 5

THE LAWMAKING PROCESS

One of the major characteristics of the Congress is the dominant role committees play in its proceedings. Committees have assumed their present-day importance by evolution, not by constitutional design, since the Constitution makes no provision for their establishment.

At present the Senate has 16 standing (or permanent) committees; the House of Representatives has 22. Each specializes in specific areas of legislation: foreign affairs, defense, banking, agriculture, commerce, appropriations and other fields. Every bill introduced in either house is referred to a committee for study and recommendation. The committee may approve, revise, kill or ignore any measure referred to it. It is nearly impossible for a bill to reach the House or Senate floor without first winning committee approval. In the House, a petition to discharge a bill from a committee requires the signatures of218 members; in the Senate, a majority of all members is required. In practice, such discharge motions only rarely receive the required support.

The majority party in each house controls the committee process. Committee chairmen are selected by a caucus of party members or specially designated groups of members. Minority parties are proportionally represented on the committees according to their strength in each house.

Bills are introduced by a variety of methods. Some are drawn up by standing committees; some by special committees created to deal with specific legislative issues: and some may be suggested by the president or other executive officers. Citizens and organizations outside the Congress may suggest legislation to members, and individual members themselves may initiate bills. After introduction, bills are sent to designated committees which, in most cases, schedule a series of public hearings to permit presentation of views by persons who support or oppose the legislation. The hearing process, which can last several weeks or months, opens the legislative process to public participation.

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Notes

play the dominant role — играть ведущую роль assume the present day importance by evolution — осознать своев­ременность в развитии

by constitutional design — соответствующий конституции make no provision for their establishment - не создать условия для

их сохранения

appropriation — конфискация; присвоение; ассигнование be referred to — быть связанным с refer to — ссылаться на

discharge a bill from a committee — отозвать закон из комитета be selected by a caucus of party members — избираться кокусом

членов партии caucus — совещание членов легистратуры, принадлежащих

к одной партии

be drawn up by standing committees - разрабатываться постоян­но действующими комитетами

deal with specific legislative issues — заниматься отдельными пра­вовыми вопросами

designated committees — назначенные комитеты support (to oppose) the legislation — поддерживать (выступать против) закон(а), законодательную(ой) инициативу(ы)

Упражнения

*21. Соотнесите слова в левой колонке с их определениями в правой.

1. approval a. the act of considering the need for something and

arranging for it.

2. provision b. to look at (something) for information or help

3. area с a good opinion of someone or something

4. refer to d. a particular subject or activity

5. adjust e. to organize and direct (a particular activity)

6. caucus f. to change something slightly to make it fit, work better

or be more suitable

7. conduct g. a meeting of the people who run a political party to

plan activities and to decide which people will support in an election; a group of people within a larger organ

Z2. Составьте предложения, используя следующие выражения.

by constitutional design; be referred to as a committee; majority of all members; be selected by; be proportionally represented; variety of methods; deal with specific legislative issues; hearing process

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