Реферат: Московский государственный институт международных отношений (У) мид РФ

МОСКОВСКИЙ ГОСУДАРСТВЕННЫЙ ИНСТИТУТ

МЕЖДУНАРОДНЫХ ОТНОШЕНИЙ (У) МИД РФ

_____________________________________________
КАФЕДРА АНГЛИЙСКОГО ЯЗЫКА № 2


Составители:

доцент Вишневская Людмила Петровна

доцент Тимченко Мария Владимировна


Основы политической системы США


The Way They Run America


МОСКВА 2011

CONTENTS





pp.

Предисловие

3

Introduction

6

Unit 1 The Legislature

8

Unit 2 The Executive

26

Unit 3 The Judiciary

39

Unit 4 The Elections

58

Reader

81

Bibliography

160

Предисловие


Предлагаемое учебное пособие представляет собой аутентичный комплексный курс, направленный на освоение определенного набора культурно-исторических и социально-политических реалий, связанных с государственным строем и политической системой США. Настоящее издание предназначено для студентов изучающих английский язык для практического использования в области международных экономических отношений. Следует подчеркнуть, что пособие служит исключительно лингвострановедческим целям и отнюдь не является пособием по политической или юридической системе США. Предлагаемые темы затрагивают широкий круг актуальных вопросов, важных для осуществления межкультурной коммуникации и в определенной степени связанных с деятельностью в области международных отношений в условиях углубляющейся экономической и политической интеграции. Информация об основах политической системы, государственного строя и политико-культурных стереотипов США имеет исключительно дидактический характер и представлена в виде тщательно отобранных современных материалов и рассчитана на учащихся, обладающих высоким уровнем обще языковой подготовки (advanced level).

Пособие направлено на решение следующих конкретных учебных задач:

значительно расширить словарный запас студентов по изучаемым темам как активный, так и пассивный;

совершенствовать умения и навыки ознакомительного, просмотрового, поискового и аналитического чтения;

совершенствовать умения и навыки разных видов говорения, в том числе ведения беседы и дискуссии, выступления с сообщением и докладом;

совершенствовать умения и навыки письменной речи, включая разные виды эссе, доклады, аналитические обзоры и реферирование;

Навыки, отрабатываемые в пособии, соответствуют квалификационным требованиям владениям английским языком, предъявляемым к бакалаврам в области международных экономических отношений и Программы кафедры английского языка №2 МГИМО.

Названные задачи определяют структуру пособия, которое состоит из базового курса (Units 1-4), книги для чтения (Reader), пособия для работы с аудиопленкой (Audio Guide) и разработки для работы с видеоматериалом (Video Guide).

Все части курса связаны между собой методически и тематически. Каждая из четырех глав базового курса представляет собой комплекс текстов с лингвострановедческим комментарием, словарем и аппаратом заданий.

Книга для чтения содержит отрывки из художественным и публицистических произведений с комментариями и заданиями к ним.

Для работы с аудиопленкой предлагается комплекс комментариев и заданий, направленных как на проверку понимания и умения реферировать услышанное, так и на более творческие виды деятельности.

Разработка по видеофильму содержит комплекс заданий на понимание и обсуждение увиденного.

Пособие рассчитано на двадцать восемь часов аудиторных занятий. Каждый дидактический блок пособия рассчитан на шесть часов аудиторных занятий. Учебное пособие будет применяться в сочетании с мультимедийной программой кафедры английского языка №2 «США. Политическая система».

«В соответствии с Законом Российской Федерации от 9 июля 1993 года №5351-1 автор данного пособия использовал в своей работе с обязательным указанием имени автора, произведение которого используется, и источника заимствования правомерно обнародованные произведения и отрывки из них в качестве иллюстраций (в широком смысле) в объеме, оправданном поставленной целью или методикой».

^ Методическая записка

Пособие направлено на решение следующих конкретных учебных задач:

значительно расширить словарный запас студентов по изучаемым темам как активный, так и пассивный;

совершенствовать умения и навыки ознакомительного, просмотрового, поискового и аналитического чтения;

совершенствовать умения и навыки разных видов говорения, в том числе ведения беседы и дискуссии, выступления с сообщением и докладом;

совершенствовать умения и навыки письменной речи, включая разные виды эссе, доклады, аналитические обзоры и реферирование;

Предлагаемые темы затрагивают широкий круг актуальных вопросов, важных для осуществления межкультурной коммуникации и в определенной степени связанных с деятельностью в области международных отношений в условиях углубляющейся экономической и политической интеграции. Информация об основах политической системы, государственного строя и политико-культурных стереотипов США имеет исключительно дидактический характер и представлена в виде тщательно отобранных современных материалов и рассчитана на учащихся, обладающих высоким уровнем обще языковой подготовки (advanced level).

Названные задачи определяют структуру пособия, которое состоит из базового курса (Units 1-4), книги для чтения (Reader), пособия для работы с аудиопленкой (Audio Guide) и разработки для работы с видеоматериалом (Video Guide).

Все части курса связаны между собой методически и тематически. Каждая из четырех глав базового курса представляет собой комплекс текстов с лингвострановедческим комментарием, словарем и аппаратом заданий.

Для работы с аудиопленкой предлагается комплекс комментариев и заданий, направленных как на проверку понимания и умения реферировать услышанное, так и на более творческие виды деятельности.

Разработка по видеофильму содержит комплекс заданий на понимание и обсуждение увиденного.

Пособие рассчитано на двадцать восемь часов аудиторных занятий. Каждый дидактический блок пособия рассчитан на шесть часов аудиторных занятий.

^ UNITED STATES OF AMERICA


INTRODUCTION


The United States of America is a federal union of 50 states or commonwealths. Its basic law is the Constitution, adopted in 1789, which prescribes the structure and method of national government and lists its rights and fields of authority, other rights and activities being reserved to the individual states. All government in America, therefore has the dual character of both Federal and State Government.

The basic principle of all American government is the separation of the three branches: legislative, executive and judicial, with a system of “checks and balances”. This system is a basic part of the structure of the American government system. No person or institution can have unlimited authority. Each branch of the national government shares and limits some of the powers of the other branches.


^ CHECKS AND BALANCES

IN AMERICAN GOVERNMENT

PRESIDENT

Executive Branch








Override veto (2/3 majority).

Impeach President and Vice President.

Ratify appointments and treaties (Senate).

Conduct investigations.


Appoint judges.

Give pardons and reprieves.



Judicial review of executive actions.


Veto legislation.

Exercise political leadership.

Influence public opinion.








Establish lower courts.

Set judicial salaries.

Ratify appointment (Senate).

Impeach judges.








^ SUPREME COURT AND OTHER FEDERAL COURTS

Judicial Branch

CONGRESS

Legislative Branch


Judicial review of legislation.



Checks and balances is a major principle of the American governmental system whereby each department of the government exercises a check upon the actions of the others. The principle operates not only among the legislative, executive, and judicial branches but between the two Houses of the legislature and between the States and the national government. Each department has some authority to control the actions of one or more of the others by participation in their functions. Examples include the President’s veto power and the Congressional power to override the veto; judicial review of legislative and executive actions; presidential appointment of judges with senatorial approval; and the Congressional power to impeach.

The check and balance system stresses the interdependence (rather than the complete separation) of the various units of government.

UNIT 1

^ THE LEGISLATURE


Section 1. Read the text and answer the following questions.


TEXT 1


Congress


Read the text and answer the following questions.


What is the function of the legislative branch of the government?

What do you know about the work and the structure of Congress?

What are the powers of Congress?

Name the powers of the Senate which are not accorded to the House of Representatives.

What are the sole powers of the House of Representatives?


The legislative branch of the federal government is represented by Congress - a bicameral lawmaking body. There are two houses of Congress. The Senate (the upper chamber) and the House of Representatives (the lower chamber). Its existence, authority, and limitations are provided by the Constitution. The function of the legislative branch of the government is to make the laws and to finance the operation of the government through levying taxes and appropriating money requested by the executive branch.

A Congress commences January 3 of each odd-numbered year. The term of Congress is the period during which a Congress remains in session between elections. Each Congress is numbered in sequence and has a life span of two years. Custom divides each term of Congress into two yearly (annual) sessions. Congress may be convened by the President for a special session. President Truman used this constitutional power in 1948. He recalled the legislators to work on a series of education, health, and civil rights bill. Special sessions, however, are rare.

By law, the Congress of the US contains 535 members. A Member of Congress is a person elected to either the Senate or the House of Representatives. A Member of the Senate is usually referred to as Senator and must be at least 30 years of age, must have been a citizen of the United States for 9 years, and must be a resident of the State he or she will represent in Congress. The Senate is composed of 100 voting members, two from each of the 50 states. Each state is entitled to be represented in the Senate by two senators, without regard to density of population.

Senators are elected for six-year terms which overlap. Thus in any election year, only one-third of the Senate is affected, the remaining two-thirds being members whose terms have not expired.

The House of Representatives has 435 voting members in addition to two representatives from Puerto Rico and the District of Columbia, who are not entitled to vote. The members of the House are called representatives or congressmen (or congresswomen). They are elected for a two-year term. A Member of the House of Representatives must be at least 25 years of age, must have been a United States citizen for at least 7 years, and must reside in the State from which he or she is sent to Congress.

Many members of Congress are regularly re-elected, and so some of them serve for over 20 years.

Included in the powers of Congress are the powers to assess and collect taxes, to regulate foreign and interstate commerce, to coin money, to establish courts inferior to the Supreme Court, to declare war and to raise and maintain an army and navy. Another power possessed by Congress is the right to propose amendments to the Constitution whenever two thirds of both Houses shall consider it necessary.

Under the Constitution the Senate is granted certain powers not accorded to the House of Representatives. It confirms or rejects appointments made by the President, ratifies treaties, tries impeached officers, elects a Vice President if no candidate has a majority of the electoral vote. The House of Representatives is granted the sole right of originating revenue bills, impeaching civil officers and electing a President if no candidate has a majority of the electoral vote.


Task 1. Find in the text the English for:


двухпалатный законодательный орган;

верхняя палата, нижняя палата;

облагать налогами;

выделять (ассигновать) средства;

ежегодная сессия Конгресса;

в соответствии с законом;

(не) иметь право голоса;

предлагать поправки к Конституции;

утверждать или отклонять кандидатуры (назначения), предложенные президентом;

получить большинство голосов на выборах.



TEXT 2


Congressional organization


Read the text and answer the following questions.


How is party work organized in Congress?

What are the Speaker’s powers in the House?

What are the legislative powers of the US Vice-president?

What are the whips responsible for?

What are the three major categories Congressional committees fall into?

What dilemma does Congress solve by using the committee system?


Members of Congress organize themselves in several ways to conduct “the people's business” as efficiently as possible. The most important of these is by party. Special party groups pick the officers of each chamber and decide which committees members will work on. Each party gets a number of committee members equal to the percentage of seats it won in the last elections. The majority party wins the leadership positions and the most committee staffing.

Congress has well over 100 caucuses (interest groups formed to lobby other members) that allow members to gather in groups that are increasingly important rivals to the parties as the source of policy proposals. There are conservative, moderate and liberal caucuses for each party, as well as caucuses formed to promote regional, economic, ethnic, racial and women’s issues that cross both party and chamber divisions.

The House of Representatives is led by a presiding officer known as the Speaker. Traditionally, the leader of the majority party holds this powerful post. Among the Speaker’s powers are:

Power to recognize members. House members cannot take the floor to speak unless they are recognized by the Speaker. By controlling debate on a particular bill, the Speaker can influence its passage or defeat.

Power to interpret House rules. This power enables the Speaker to refer bills to favorable committees to appoint special and conference committee members, to delay or speed up the passage of legislation.

The Speaker may also vote on any issue but seldom does so except to break a tie.

The majority party elects the Speaker at a special party conference, or caucus, which is held at the beginning of each new term.

If both the President and Vice President die at the same time, the Speaker is next in line for the presidency.

Each house has a majority and a minority leader. House leaders who belong to the President’s party work with the White House to pass the administration’s legislative program. Each party awards its floor leadership positions to senior members who have demonstrated superior political skills. The majority and minority party leaders work with the Speaker of the House and the President of the Senate.

The floor leaders are assisted by party whips in each house. The whips (of the majority and minority parties) keep track of all important political legislation and endeavor to have all members of their party present when important measures are to be voted upon. When the vote is likely to be close they check up, find out who is out of the city, and advise absentees of the important measures coming up. Party whips use many methods to get the job done, from polite debate to political arm-twisting. The office of whip is unofficial and carries no special salary. Each whip, however, is allowed certain additional help, sufficient office space, and is permitted to incur additional expenses in the performance of his duties.

The Vice President of the United States serves as the President of the Senate. In practice, Vice Presidents seldom preside over the Senate unless a close vote on important bill is expected. The Vice President may not take part in debates but casts the deciding vote in case of ties.

The Senate also elects one of its members to the post of President pro tempore. This Senator presides over the Senate when the vice presidency is vacant or when the Vice President is absent.


How the committee system is organized


Every year Congress staggers under a work load that is increasing in size and complexity. A single energy bill, for example, might run to 400 pages or more. Members cannot be fully informed on every issue, nor can members study every problem in depth. Congress solves this dilemma by using committee system. Serving on committees gives legislators a chance to concentrate on one or two areas of legislation that especially interest them. Each committee holds hearings on matters related to its area and authority. A bill that would set up a new foreign aid program, for example, would be heard before the Senate Committee on Foreign Relations and the House Committee on Foreign Affairs.

Congressional committees fall into three major categories:

Standing committees. They are permanent, regular units with jurisdiction over certain subject matters of legislation and law. Each of the permanent committees studies new bills that fall under its jurisdiction. The House has 22 and the Senate has 16. Each standing committee further divides itself into subcommittees that handle specialized committee business. Congressional committees also depend on expert staffs to aid them in their work.

Special committees are created when a situation develops that can’t be handled by normal committee procedure. These “select” committees, as they are sometimes known, disband after their particular tasks are finished.

In recent years, special committees have looked into the problems of aging, hunger, Indian affairs, and government intelligence agencies.

The House and Senate versions of the same bill often differ. When this happens, the leadership appoints a temporary conference committee. Conference committee members meet, settle their differences through compromises, and write a conference report. Both houses must accept or reject the report without amendment. The conference committee thus plays a key role in deciding a bill’s final form.



Task 1. Find in the text the English for:


руководить работой законодательной ветви власти;

занимать пост (должность);

взять слово (в Конгрессе);

предоставлять слово;

затягивать или ускорять прохождение законопроекта;

равное распределение голосов;

партийная конференция;

почти равное количество голосов “за” и “против”;

отдать решающий голос;

председательствовать (в Сенате, Палате);

следит за ходом, развитием чего-либо;



TEXT 3


How a Bill becomes a Law


Read the text and answer the following questions.


Who originates bills?

What are the steps in the law-making process in both chambers?

What happens to bills during committee hearings?

What are the main types of votes in Congress?

How do the House and the Senate work out their differences on a bill?

What choices does a President have when a bill reaches the White House?





Either house - the Senate or the House of Representatives may offer a bill (but only the House proposes finance bills). All bills are immediately referred to a legislative committee. The committee responsible for a particular bill holds hearings on it. Experts appear before the committee and offer suggestions and opinions about the bill. After the hearings, the committee reports its recommendations to the House. If a committee chooses not to consider the bill, the bill dies.


Delaying tactics (filibuster, riders)

The Senate’s smaller size results in fewer bills and simpler rules. The 100 members guard one right jealously - the tradition of unlimited debate. On occasion, a senator or group of senators uses unlimited debate to keep the Senate from voting on a bill. This tactic is known as a filibuster. In order to keep the floor, senators must remain standing and speak continuously. The senator reads novels, newspapers, recipes, and other unrelated materials to a nearly empty chamber. Exhausted senators often yield the floor to other members of the filibuster team in order to gain time for a quick nap. This delaying tactic can go on and on and on. A filibuster against the Civil Rights Act of 1964 lasted three months before it was ended.

The Senate can end a filibuster by invoking the closure rule. Despite the frustration caused by filibusters, the Senate rarely votes for closure. Most senators vote against closure motions because the next filibuster might be their own.

The filibuster is a delaying tactic available only to Senators.

Members of Congress often use amendments as a way of delaying action on a bill they oppose. Amendments meant to delay a bill are often tacked on as riders - amendments that have little or no relation to the main bill. Members who might have voted for the bill may withdraw their support because they object to the riders. In addition, each rider must be debated.

Following the committee action the bill is debated on the floor of each house. Then the vote is taken. A voice vote involves a general chorus of “ayes” and “nayes”. The chairperson decides which side has the majority. If a member questions the result, a rising vote may be called for. In this case the presiding officer “counts heads” when the members stand to support or oppose the bill. Most lawmakers prefer voice votes and rising votes because no public record is kept of how they voted. If one-fifth of the members present demand it, the presiding officer calls for a roll-call vote, when each vote is recorded separately. In the Senate, a clerk reads the Senators’ names one at a time and records their votes. In the House an electronic system replaced the roll call in 1973. If a bill is defeated in either house, it dies. If the House of Representatives and the Senate approve similar bills with some different provisions, both bills go to a conference committee, in which selected legislators work to adjust the differences.

A bill passed in one House is called an “engrossed bill” (отредактированный законопроект, принятый одной из палат), and the final authoritative copy of a bill passed by both Houses and signed by their presiding officers is called “enrolled bill” (окончательный проект закона для представления на утверждение президента).

The bill becomes law following one or several steps by the president. He may approve the bill and sign it; he may sign the bill with a statement expressing his disapproval; or he may simply not sign the bill, in which case it automatically becomes law after ten days. But if the president wants to prevent the bill from becoming law, he vetoes it. But the proposal may still become law if two thirds of each house of Congress vote for it, thus overriding, or defeating the president’s veto. When a president puts a bill into his “pocket” and holds it until Congress adjourns, the bill dies. Known as a “pocket veto”, this action has several advantages. For one thing, it allows a President to veto a bill without announcing the reasons for the veto. More important, the pocket veto makes it unnecessary for a President to spend political capital to sustain a veto in Congress.


Task 1. Find in the text the English for:


передавать законопроект на рассмотрение в комитет палаты;

рассматривать законопроект;

одобрить и подписать законопроект;

наложить вето на законопроект;

преодолеть президентское вето;

окончание работы Конгресса, перерывы между сессиями.



Section 2. Glossary


to vest power (in)

to vest smb with [usually passive]

облекать властью

to levy taxes

облагать налогами, взимать налоги

to appropriate

ассигновать

bicameral

двухпалатный

odd-numbered

even-numbered

нечетный

четный

regular session

очередная сессия

special (extraordinary) session

специальная (чрезвычайная) сессия

to be in session

заседать

transaction of business

ведение дел

to convene / to call Congress, session

созывать Конгресс, сессию

under standing order

согласно существующему регламенту/порядку

majority leader

лидер большинства

minority leader

лидер меньшинства

to be in the minority/majority

быть в меньшинстве/большинстве зд. о политической партии в Конгрессе

to keep a check on

осуществлять контроль за…

caucus

совещание фракции Конгресса (чаще демократической)

bill

законопроект

pertaining to

относящийся к

to introduce a bill/

to originate a bill

вносить законопроект на рассмотрение палаты

to draw a bill

составлять (формулировать) законопроект

to recall a bill

отклонять законопроект

standing committee

постоянный комитет




special committee/ conference committee

согласительный комитет

to stand for election

баллотироваться; зд. подлежать (пере)избранию

term of office

срок пребывания на посту, срок полномочий

to hold office

занимать пост

to expire

истекать (о сроке)

to preside

председательствовать, выполнять функции председателя

^ President of the Senate

председатель Сената

president pro tempore

председатель pro tempore (лат).; временный председатель Сената

constituents

избиратели

power of recognition

право предоставлять слово

to recognize smb.

предоставлять слово кому-либо

to keep track (of)

следить за (ходом дел и т.п.)

tie vote

равное количество голосов, поданных «за» и «против»

close vote

почти одинаковое число голосов “за” и “против” при голосовании

division

голосование (путем вставания)

tellers

счетчики

roll call

поименное голосование

to adjourn

объявлять перерыв между сессиями

to veto legislation/

a bill

наложить вето на законопроект

to override the president’s veto

преодолеть президентское вето






^ TEXT 4

What is the role of the lobbyist?


Special-interest groups play an important role in American politics. These organizations try to exert pressure on Congress (or on any governmental body) to pass, defeat, or interpret legislation to their own advantage. Groups that play this political game are called pressure groups or lobbies.

People join pressure groups because they share a common interest. Business, farming, and professional organizations, for example, send people called lobbyists to Washington to promote their economic interests. Special-interest groups can spend millions known as “soft money” promoting a particular policy in a state or a district at election time, without mentioning any particular candidate and thus escaping all restrictions.

“Soft money” is the best kind because it escapes all regulations.

Pressure groups work hard to elect members of Congress who are favorable to their causes. Because of this, the law limits the amount of money a pressure group can give to a political campaign. This limitation has led to the creation of separate money-giving groups called political action committees (PACs). At the present time, PACs are pouring millions of dollars into the campaign chests of Congressional candidates. Typical PACs represent realtors, doctors, tobacco farmers, auto workers, and about 3,000 other special-interest groups.

Lobbyists employ a variety of methods to influence legislation. Some of their techniques are as follows:

Communications. Lobbyists often organize campaigns to flood Congress with telegrams, letters, personal visits, and telephone calls. These communications are meant to convince the lawmakers that the public supports the lobbyists’ position on a particular bill.

Contributions. “Money is the mother’s milk of politics,” said Tip O’Neill, Speaker of the House of Representatives in the 70s. Thus, a good lobbyist knows how to keep friendly lawmakers well nourished. Along with cash donations to their campaigns, lobbyists often provide a variety of useful services. Legislators running for reelection, for example, may receive help for their campaigns from “volunteers” lined up by lobbyists.

^ Social contacts. Entertaining politicians has always been a favorite lobbying technique. Parties, dinners, and “nights on the town” help cement the friendships and create the obligations that are the stock-in-trade or the lobbyist.

Sanctions. Lobbyists have ways of “punishing” members of Congress who refuse to cooperate. They can cut off campaign contributions or throw their support to a lawmaker’s opponent.

Demonstrations. Pressure groups often organize protest marches and picket lines to enforce their demands.

In order to be welcome in a lawmaker’s office, lobbyists must do more than hand out gifts and services. They must develop an expertise in their field that makes their opinions valuable. The success of a pressure group also depends on its size, prestige, leadership skills, and financial resources.


Task 1. Answer the following questions:


Why are special-interest groups called pressure groups?

What makes people join pressure groups?

In what way does the law limit the amount of money a pressure group can give to a political campaign?

What methods do lobbyists employ to influence legislation?

What does the success of a pressure group depend on?



^ FOR YOUR INFORMATION…


Growth of the United States


ORIGINAL THIRTEEN STATES


DELAWARE

^ SOUTH CAROLINA

PENNSYLVANIA

NEW HAMPSHIRE

NEW JERSEY

VIRGINIA

GEORGIA

NEW YORK

CONNECTICUT

^ NORTH CAROLINA

MASSACHUSETTS

RHODE ISLAND

MARYLAND






LIST OF THE STATES SHOWING THE DATES WHEN THEY WERE ADMITTED INTO THE UNION

state

date

state

date

Vermont

March 4, 1791

Minnesota

May 11, 1858

Kentucky

June 1, 1792

Oregon

Feb. 14, 1859

Tennessee

June 1, 1796

Kansas

Jam. 29, 1861

Ohio

March 1, 1803

W. Virginia

June 20, 1863

Louisiana

April 30, 1812

Nevada

Oct. 31, 1864

Indiana

Dec. 11, 1816

Nebraska

Mach 1, 1867

Mississippi

Dec. 10, 1817

Colorado

August 1, 1876

Illinois

Dec. 3, 1818

N. Dakota

Nov. 2, 1889

Alabama

Dec. 14, 1819

S. Dakota

Nov. 2, 1889

Maine

March 15, 1820

Montana

Nov. 8, 1889

Missouri

August 10, 1821

Washington

Nov. 11, 1889

Arkansas

June 15, 1836

Idaho

July 3, 1890

Michigan

Jan. 26, 1837

Wyoming

July 10, 1890

Florida

March 3, 1845

Utah

Jan. 4, 1896

Texas

Dec. 29, 1845

Oklahoma

Nov. 16, 1907

Iowa

Dec. 28, 1846

New Mexico

Jan. 6, 1912

Wisconsin

May 29, 1848

Arizona

Feb. 14, 1912

California

Sept. 9, 1850

Alaska

Jan. 3, 1959







Hawaii

Aug. 21, 1959



Section 3. Reading assignment.


Read the text “The Constitution” on page __. Do the task which follows the text.

Read the extract from The Brethren by John Grisham on page __. Do the task which follows the text.

Read the article “The Human Side of Congress” on page __. Do the task which follows the text.


UNIT 2

^ THE EXECUTIVE


The Government of the United States





^ THE CONSTITUTION











^ LEGISLATIVE BRANCH




EXECUTIVE BRANCH




JUDICIAL BRANCH










CONGRESS


the Senate the House of

Representatives





^ THE PRESIDENT


Executive Office of the President

The Vice President




THE SUPREME COURT OF THE UNITED STATES

United States Courts of Appeal

United States District Courts











^ DEPARTMENT OF VETERANS' AFFAIRS

1989

министерство по делам ветеранов

DEPART-MENT OF AGRI

CULTURE

1889

министерство сельского хозяйства

^ DEPART-MENT OF COMMERCE


1913

министерство торговли


DEPART-

MENT OF DEFENSE


1949

министерство обороны

DEPARTMENT OF EDUCATION


1979

министерство образования

DEPART-

^ MENT OF ENERGY


1977

министерство энергетики

DEPART-

MENT OF HEALTH AND HUMAN SERVICES 1979

министерство здравоохра-нения и социальных служб

^ DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

1965

министерство жилищного строительства и городского развития

DEPART-MENT OF THE INTERIOR*

1849

министерство внутренних дел

^ DEPART-MENT OF JUSTICE


1870

министерство юстиции

DEPART-

MENT OF LABOR


1913

министерство труда

DEPART-

MENT OF STATE


1789

государст-венный департамент (министерство иностранных дел)

^ DEPART-MENT OF TRANSPOR-TATION

1965

министерство транспорта

DEPART-MENT OF THE TREASURY

1789

министерство финансов

Section 1. Read and Study.


TEXT 1


The Administration


Read the text and answer the following questions.


What are the responsibilities of the executive branch and its Chief Executive?

What do the newly elected president and the outgoing presidents do between the election and the inauguration?

Describe the forming of the cabinet.

What are the three main duties performed by the Secretaries?

What part of the US government deals with the US’s relations with other countries? Why does this department rank so high in the executive branch?

What are the duties of the Attorney General?

What do you know about the Federal Bureau of Investigation and its activities?


The presidency of the US is the highest governmental office.

The executive branch, which includes the President, the Chief Executive, Vice-President, and the President’s Cabinet, is responsible for administering and executing the laws.

The President must be a natural-born citizen, at least thirty five years old, and for at least fourteen years a resident of the United States.

A presidential term is four years. No person can be elected more than twice. Nor can a President be elected more than once if he has served more than half the term to which another President was elected. For instance, since Gerald Ford assumed office in only the second year of Richard Nixon’s four-year term, Ford could serve as President only one more term.

The President’s chief duties are to carry out the program of the government as directed in the Constitution and in laws made by Congress. In addition, however, he recommends to Congress much major legislation and the amounts of money which should be appropriated to carry out government functions. He also has the right to veto legislation passed by Congress, although Congress in turn may enact legislation over his veto by a two-thirds majority vote. The President is also commander-in-chief of the armed forces.

The newly elected president and vice president are inaugurated (formally sworn in) on January 20 following the election. The inauguration is nationally televised and is followed by a parade and many parties. The president then moves into the White House and appoints members of the Cabinet (the president’s closest advisers, who are also the heads of the various departments of the executive branch). Between the election and the inauguration, the outgoing president meets with the newly elected president and his staff to plan for a smooth transition from one administration to the next. Because the outgoing president is only awaiting the end of his term, he is often referred to as a “lame duck”. Sometimes the new president and the majority of the members of Congress belong to different parties. When this happens, it is more difficult for the president to keep promises made during the campaign.

Since the two major parties are not extremely different, there is seldom a sudden shift in national policy when a new president from a different party takes office. Change occurs only with the passage of time, as the new administration becomes accustomed to its powers.

Presidents are free to select the members of their Cabinets. They often appoint experienced national figures to serve in the Cabinet. Several Cabinet positions, however, are usually reserved for key political advisers.

Each nomination requires Senate approval before the new secretary can be sworn in. Almost all candidates are approved. If heavy opposition develops, the President is more likely to withdraw the nomination than to risk defeat on the Senate floor.

The heads of the executive departments, known as Secretaries perform three main duties:

They manage the affairs of their departments.

They represent their departments in public and before Congress by giving speeches, writing legislation, and testifying before committees.

They advise the President on matters that concern their departments.

When the President’s service ends, it is customary for the Cabinet to resign, so that the new President appoints new chiefs of executive departments.

^ The State Department. The fourth Act of Congress after adoption of the Constitution was a bill establishing a Department of Foreign Affairs, on July 27, 1789. That is, the State Department ranks ahead of other departments in prestige and seniority.

Among major activities of the State Department are: Embassies and Legations; European Affairs; Far Eastern Affairs; Near Eastern, South Asian and African Affairs; Inter-American Affairs; Bureau of Economic Affairs; International Trade and Resources; International Organizations Affairs; International Cooperation Administration; Mission to the United Nations; Passports and visas.

Political power of the Secretary of State is second only to that of the President. The Secretary of State has the duty of trying to maintain peace and to negotiate economic and political treaties.

An Ambassador is the highest ranking envoy. He is technically the representative of the chief executive. As such he has the right to audience with the head of the nation to which he is accredited. A minister must, on the other hand, deal through the head of the State Department or Foreign Ministry in the country to which he is sent. The minister is generally considered the highest ranking United States emissary in a small country.

^ The Head of the Department of Justice is the Attorney General who is the chief law-enforcement officer in the United States. He represents the United States in legal matters generally, and gives advice and opinion when requested by the President or by executive-departments heads.

While the President has a special counsel, the White House also calls on the Attorney General for legal advice, particularly on bills and resolutions passed in Congress and sent to the chief executive for his signature. The President also calls on the Attorney General for legal opinions concerning the exercising of special emergency powers.

The Attorney General has a wide discretion about what laws to enforce and about what actions he will regard as violations of the law.

The Solicitor General is the second ranking officer of the Department of Justice assuming the duties of the Attorney General in his absence.

The main unit of the Justice Department is the Federal Bureau of Investigation (FBI). The Bureau is in effect an intelligence agency for the Justice Department, gathering information on criminal matters which come within the jurisdiction of Department. Functions of the FBI include the investigation of espionage, sabotage, and matters pertaining to the internal security of the United States as well as investigations of alleged violations of approximately 100 Federal statutes.

It does the field work of investigating the loyalty of Government employees. Other secret services located in the Treasury, pursue counterfeiters, smugglers, drug-traffickers, income-tax dodgers.


Task 1. Find in the text the English for:


исполнение законов;

вступать в должность;

приводить к присяге (президента);

президент, завершающий срок своих полномочий;

резкое изменение курса государственной политики;

срок полномочий президента;

главный дипломатический представитель (посланник);

иметь право на аудиенцию;

правовые вопросы;

иметь широкие полномочия в чем-либо.



Section 2. Glossary


the Administration

исполнительная власть, правительство США

^ Secretary of State

государственный секретарь (министр иностранных дел США)

Secretary of the Treasury

министр финансов

^ Secretary of Defense

министр обороны

Attorney General

генеральный прокурор и министр юстиции

law-enforcement officer

представитель правоохранительных структур

emergency powers

чрезвычайные полномочия

to enforce law

проводить закон в жизнь

^ Solicitor General

заместитель министра юстиции

Federal Bureau of Investigation (FBI)

Федеральное бюро расследований (ФБР)

to come within the jurisdiction

подпадать под юрисдикцию

income-tax dodger

лицо, уклоняющееся от уплаты подоходного налога

tax evasion

уклонение от уплаты налогов



Section 3. Texts to render and discuss.


Task 1. Read the text and answer the following questions.


What does the term “impeachment” legally apply to? What does it embrace in popular usage?

What is the only judicial power allotted to the US Congress? How do the two Houses divide their authority to bring impeachment charges and try impeached presidents?

Which of the US presidents faced impeachment? What impeachment charges were brought against them?


Impeachment


The House of Representatives has one judicial power. After a careful investigation, the House can accuse federal officials (including the President) of “treason, bribery, or other high crimes and misdemeanors [offences]”. This rarely used process is called impeachment. The impeachment charge is brought by a majority vote of the House of Representatives. An impeachment action by the House is similar to the indictment by a grand jury in a criminal case. It means only that sufficient evidence exists to justify prosecution of the accused. The trial itself takes place in the Senate. Only four impeached officials, all federal judges, have been convicted.

Although legally the term “impeachment” applies only to the indictment, in popular usage it embraces also the trial of the accused, conducted by the higher branch of a legislature.

Under the provisions of the US Constitution the House indicts, the Senate tries, and the chief justice of the United States presides over the inquiry in case of impeachment of the president. Once the House has voted an impeachment, it then selects members (managers) to present the case before the Senate. A two-thirds vote of the senators present is required to convict. Punishment is limited to removal from office. Disqualification from holding “any office of honor, trust or profit under the United States” may follow and requires only a majority vote.

As the US Constitution doesn’t clearly explain what “other high crimes and misdemeanors” are, these provisions have proved a fertile source of vexing questions. Partly because of these ambiguities, but chiefly because the trial ties up the Senate for as much as six weeks, impeachment has taken place infrequently at the national level.

Three presidents so far have faced impeachment. The first was Andrew Johnson who succeeded following Abraham Lincoln’s assassination in 1865. Johnson was accused of interfering with the social and racial revolution that the North tried to impose on the South after the Civil War. Republicans were determined to remove the president, three votes were taken and finally Johnson was acquitted.

Richard Nixon, another Republican, was the second president threatened by impeachment, in 1974. Nixon was accused of subverting the laws and the Constitution by setting up a secret and illegal organization to spy on the opposition – and then covering up the crime when his operatives were caught during the 1972 election campaign burgling the Democratic Party headquarters in the Watergate building in Washington. Nixon resigned before the House could vote. It was clear by then that he would lose in both houses.

Bill Clinton will go down in history as the president who had an affair with a 22-year-old girl in his office – and lied about it under oath.

In an attempt to shield himself from Paula Jones’s* sexual harassment lawsuit and Monica Lewinsky’s revelations President Bill Clinton faced very serious charges of perjury (denying under oath that he had sexual relations with Monica Lewinsky) and obstruction of justice.

On January 7, 1999 his case went on trial before the Senate. The House Managers (the representatives acting as prosecutors on the Senate floor) failed to gain a two-thirds vote necessary for conviction and the president was acquitted. Only 45 Senators found the President guilty of perjury and 50 Senators considered him guilty of obstruction of justice. The President himself admitted having an inappropriate intimate relationship with the former White House intern, but he maintained that his comments had been “legally accurate” and that he had not committed perjury. Political analysts observed negative and positive results of this impeachment fever. According to them, the one really bad result of all this would be if the Americans made a habit of it, impeaching a president every time the other party (the Republican Party) controlled the Congress.


^ FOR YOUR INFORMATION…


The best way to reach the White House is to have been chosen as vice president in an earlier election. The vice-presidency is not a powerful office but it gets a man recognized everywhere. He does not have to spend years introducing himself to every party official in the country and trying every trick of money and hype to get his face in front of television cameras and his name in the newspapers.

In the 16 elections since World War II, nine had a vice-president or former vice-president as candidate of one of the two parties.


Section 4. Reading assignment.


Read the excerpt from “America and Americans” by J. Steinbeck on page __ and do the tasks which follow the text.

Read “The Full Text of President Clinton’s TV Address” on page ___ and answer the questions.

Read the excerpt from “The Moneychangers” by Arthur Hailey on page __ and answer the questions.


UNIT 3

^ THE JUDICIARY


Section 1. Read the text and answer the following questions.

TEXT


Why do you think Americans see the role of lawyers differently as compared to other nations?

Why was it necessary to establish the federal court system alongside the existing state system?

What cases come under the jurisdiction of federal courts?

How does the federal court system work? Do you think it is efficient?

Which is the only stage within the federal court system where jury trials are held?

For what purpose were the courts of appeals set up?

The Constitution is silent on the qualification for the Supreme Courts justices. On what merit then do you think they are appointed?

Why do you think the US is notorious for its high crime rates despite the time-tested legal system?


Issues of crime and justice have always held Americans’ attention. Americans are adjusted to bringing their claims for justice to the courts. There are very few countries where so many people treat the law as part of their everyday lives. Local, state, and federal courts handle approximately 12 million cases a year. The sheer number of Americans employed in the legal profession is overwhelming; there is one lawyer for every 440 Americans, whereas in Japan there is one lawyer for every 10,000 people.

Americans’ claims for justice rest on the provisions of the United States Constitution and the guiding principle of the US system of justice “Equal Justice under Law.” The Constitution, written in 1787, established a separate judicial branch of government which operates independently alongside the executive and legislative branches.

A system of state courts existed before the constitution was drafted. When the Constitutional Convention met in 1787, the delegates knew that the nation’s court system didn’t work well. Each state interpreted the laws of the United States as it saw fit. As a result, no court had the power to resolve conflicts among the states. In addition, court decisions made in one state had no legal force in any other state. The judicial anarchy led to the creation of the federal court system. Article III of the Constitution states:

The judicial power of the United States shall be vested in one Supreme Court, and in such inferior courts as the Congress may from time to time ordain and establish.

Out of that Congressional mandate emerged a three-level federal court system – district courts, the courts of appeals, and the Supreme Court.

The separate system of federal courts, which operates alongside the state courts, handles cases which arise under the US Constitution or under any law or treaty, as well as any controversy to which the federal government is itself a party. Federal courts also hear disputes involving governments or citizens of different states. All federal judges enjoy life tenure, although a judge who commits an offense while in office may be impeached. By granting federal judges life tenure the Constitution safeguards judicial independence. US judges are appointed by the president and confirmed by the Senate.

The first level of federal courts – the district courts exercise original jurisdiction in federal matters. That is, they serve as trial courts for both criminal and civil cases arising under the laws of the United States. The 50 states are divided into 89 districts so that litigants may have a trial within east reach. Additionally, there is one in the District of Columbia and one in Puerto Rico. The district courts are the courts where trials are held, juries are used, and witnesses are called.

^ Courts of Appeals (also known as circuit courts) stand midway between the district courts and the Supreme Court and were created in 1891 to ease the Supreme Court’s workload. The United States is divided into 12 separate appeals circuits, each served by a court of appeals with from 3 to 15 sitting judges. Appeals are normally accepted only on the basis of 1) an improper courtroom procedure or 2) an incorrect application of the law. Because the Supreme Court reviews only about 4% of the cases it is asked to consider, decisions made by the courts of appeals are usually the final word on most district court decisions.

The Supreme Court is the highest court of the United States. Under the American system of checks and balances, the Supreme Court often plays a crucial role in charting the course of American society. The nine justices who occupy the Supreme Court bench serve as the final decision makers on all questions of federal law. They also serve as the court of final resort for any lower court decisions that involve federal jurisdiction.

The Supreme Court is made of eight associate justices and a Chief Justice. The Constitution is silent on the qualification for judges. A Supreme Court justice may have been a Senator, an Attorney General, a teacher in a law school, or even the administrator of an agency, that acts li