- •Министерство Финансов Российской Федерации Всероссийская государственная налоговая академия Legal English - 1
- •Unit 2 What Law Is
- •Vocabulary
- •Chapter II sources of law Unit 3 Sources of English Law
- •The Sources of English Law
- •The Principal Sources
- •Legislation
- •Judicial precedent
- •The Subsidiary Sources
- •Customs
- •Books of authority
- •Vocabulary
- •Unit 4 Sources of Modern Law
- •Text a Historical and Political Background
- •Text b Common Law Systems
- •Vocabulary
- •Vocabulary tasks
- •For You to Know
- •Text d Sources of American law
- •Vocabulary
- •Text e Continental Systems
- •For You to Remember
- •Vocabulary
- •Chapter III constitutions Unit 5 The History of Constitution
- •Vocabulary
- •Text b Characteristics of Constitutions
- •Vocabulary
- •Unit 6 British Constitution
- •The Nature of the Constitution
- •Vocabulary
- •Vocabulary tasks
- •Unit 7 us Constitution
- •Founding of the United States
- •Vocabulary
- •13 States convention written constitution
- •Vocabulary tasks
- •Chapter IV the system of government Unit 9 The British Government of Today
- •Text a The Governmental Model
- •Vocabulary
- •Vocabulary tasks
- •Text b The British Parliament
- •Vocabulary
- •The System of Government
- •Stages of a Government Bill
- •The House of Commons
- •The House of Lords
- •Making New Law
- •Text d The Prime Minister and the Cabinet
- •Vocabulary
- •Unit 10 The American Government of Today
- •System of Government in the United States
- •Vocabulary
- •Vocabulary tasks
- •Unit 11 The System of Checks and Balances
- •Vocabulary
- •Vocabulary tasks
- •Checks and Balances
- •Unit 12 Law-making Process in the usa
- •Text a The Concept of Bicameral Legislature
- •How Congress Makes Laws
- •Vocabulary
- •Federalism
- •State and Local Government
- •Three Branches of Government
- •Unit 13 The State System of Russia. The Parliament of the Russian Federation
- •Text a The State System of Russia
- •Vocabulary
- •Text b The Parliament of the Russian Federation
- •Vocabulary
Unit 11 The System of Checks and Balances
Before you read
Discuss these questions.
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Is gaining undue power by some governmental organization dangerous?
What can it lead to?
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Do you think the control is necessary in all spheres of our life?
The US Constitution provides for three main branches of government: executive, legislative and judicial. They are separate and distinct from one another.
Each branch is to some extent dependent on the other two and there is a partial interweaving of their functions.
The powers given to each branch 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 pass a law over 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.
In 1973 the legislature limited the President’s powers as commander-in-chief by prohibiting commandment of armed forces abroad for combat without specific congressional approval.
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. 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 whole system, that is, the Executive Branch and the President, Congress, and the courts.
The national government's power is not limited by states' power. The only powers the states have are those the Federal government has not reserved for itself. But in a dispute the Federal government can and will use military force if necessary.
The powers of the national and state governments are limited by certain constitutional guarantees of civil liberties for individual citizens. These guarantees are known as the Bill of Rights. They are amendments to the original constitution. They forbid the government from restricting or limiting such civil liberties as freedom of speech, of religion, and of the press, and they guarantee to all citizens (at least in principle) certain legal procedures and rights.
The powers of the federal (national) government include the right to declare war, the right to tax, the right to borrow and coin money, and to regulate its value, the right to regulate commerce between the states, the right to maintain a postal system.
Vocabulary
armed forces вооруженные силы
Bill of Rights билль о правах, первые десять поправок к конституции США
(совокупность конституционных норм, гарантирующих права граждан в их
взаимоотношениях с органами государственной власти)
checks and balances система «сдержек и противовесов», принцип
взаимоограничения властей (законодательной, исполнительной и судебной)
combat n бой, сражение
commander-in-chief n главнокомандующий
commandment n приказ
congressional adj относящийся к конгрессу
constitutionality n соответствие с конституцией, конституционность
extreme n 1 крайность; 2 чрезмерность
forbid v 1 запрещать, не давать разрешения; 2 препятствовать
interweaving n перемешивание
misuse v 1 неправильно употреблять; 2 злоупотреблять
offence n 1 правонарушение; 2 преступление
override a veto отвергнуть вето; преодолеть вето
pardon n помилование
prohibit v запрещать
restrict v ограничивать
strike down v отклонять
tyranny n тирания, деспотизм
Reading tasks
A Answer these questions.
1 What is the role of the US Constitution in the structure of the US government?
2 How are the powers of each branch of government limited by the system of checks and balances?
3 What is the role of compromise in the American system of running the country?
4 How does the legislature exercise a check on the executive branch?
5 In what way does the executive branch exercise a check on the legislative branch?
6 In what way does the judicial branch exercise a check on the other two branches?
7 What limits the powers of the national and state governments?
B Choose the best answer (a, b, or c) according to the information in the text.
1 Why is the system of checks and balances necessary?
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because it separates the executive, legislative and judicial branches of government
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because it keeps any branch from using too much power or misusing it and makes each branch check on the others
c) because it limits the President's powers.
2 What is the role of compromise in the American system of running the country?
a) it helps the Congress to pass a law
b) it protects against extreme in government policies
c) it helps the President to veto any act of Congress.
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What is known as the Bill of Rights?
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the rights of Congressmen to impeach the President
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the rights of judicial power to declare congressional legislation unconstitutional
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constitutional guarantees of civil liberties for individual citizens.
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What are the powers of the federal government?
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the right to tax
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the right to regulate business within the states
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the right to make criminal laws.
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What are the powers of the state government?
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the right to borrow money
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the right to regulate local governments
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the right to maintain postal system.
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