Unit 11 The System of Checks and Balances

Before you read

Discuss these questions.

1. Is gaining undue power by some governmental organization dangerous?

What can it lead to?

2. 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?