UNIT 4. THE CONSTITUTION OF THE RUSSIAN FEDERATION
1.Подумайте и ответьте на вопросы:
Think of several bad things that a government could do to its citizens. Give examples.
How can citizens prevent a government from doing these things?
What is a constitution?
What basic principles are contained in a constitution?
Why is a constitution the supreme law of any country?
2. Прочитайте и переведите текст
THE CONSTITUTION OF THE RUSSIAN FEDERATION
Constitution of the Russian Federation is Russia’s supreme law, passed through a national vote. It contains the basic principles of the Russian constitutional system. Constitution:
·defines the federative structure of the Russian Federation;
·establishes the principles of sovereignty and independence of the Russian Federation;
·defines the principle of separation of powers between legislative, executive and judicial branches;
·establishes equality of ideologies and religions;
·defines the Russian Federation as a secular state.
·the Constitutional Court of the Russian Federation;
·the Supreme Court of the Russian Federation;
·the Higher Arbitration Tribunal of the Russian Federation.
Separate articles are devoted to the office of Public Prosecutions of the Russian Federation with functions of supervision and control, and to the procedure for adoption of Constitutional amendments. The Constitution regulates the questions of local self-government, including its authority and sphere of activity.and Final provisions regulating the promulgation of the Constitution and its enforcement are included in Part 2 of the Constitution.
3. Переведите на русский язык следующие слова и словосочетания из текста
.to establish the principles of sovereignty and independence
.to cover the questions
.to be devoted to the bodies of federal power
.to list the duties
.to represent the legislature
.to determine the extent of the jurisdiction
.immunity of judges
. objectiveness and impartiality of the court.
. supervision and control
. promulgation of the Constitution and its enforcement
4. Найдите в тексте английские эквиваленты следующим русским словам и словосочетаниям
.вступать в должность
.чиновник (должностное лицо)
5. Ответьте на вопросы по тексту
1.What does the Constitution of the RF define and establish?
2.What provisions does the Constitution have regarding the federative structure?
.What are the bodies of federal power?
.Who does the full authority belong to under the current Constitution?
.What provisions concerning the legislature are provided by the Constitution?
.What is the executive branch of the RF?
.How is judicial power implemented in the RF?
8.What does the system of courts consist of?
6. Подберите синонимы из правой колонки к словам в левой колонке
| 1. fundamental 2. power 3. independently 4. establish 5. duty 6. solemn promise 7. term 8. elect 9. objective 10. belong to | a)impartial b)period of time c)be vested in d)choose e)obligation f)basic g)separately h)oath i)set up j) authority |
7. Закончите предложения согласно содержанию текста
1) Constitution establishes …
·the principles of independence and partial sovereignty of the RF
·equalities of ideologies but not religions
·the principle of separation of powers
2) As for the federative structure, the Constitution …
·covers the questions that are exclusively in the jurisdiction of the RF leaving out the competence of federal and local authorities
·contains the list of component units of the RF
·covers only those questions that are in the joint jurisdiction of federal and local authorities
3) The bodies of federal power are…
·the Federal Assembly of the RF and the judiciary of the RF
·the President of the RF and the Government of the RF
·all the bodies mentioned above in a) and b)
4) The Federal Assembly of the RF represents
·the executive branch
5) The Constitution determines…
·the extent of the jurisdiction of the executive branch
·the order and the terms of office of the governmental officials
6) Judicial power is implemented by means of …
·civil and criminal legal proceedings
·constitutional and administrative legal proceedings
·all the proceedings mentioned in a) and b)
7. Переведите предложения, используя слова и словосочетания из текста
2.Конституция устанавливает основы социального, экономического и политического устройства России.
3.Конституция провозглашает идею приоритета прав и свобод человека.
4.Носителем суверенитета и единственным источником власти в РФ является ее многонациональный народ.
5.Все граждане России равны перед законом и судом.
6.Статья 10 Конституции Российской Федерации предусматривает принцип разделения государственной власти на законодательную, исполнительную и судебную.
7.Судебная власть осуществляется посредством конституционного, гражданского, административного и уголовного судопроизводства.
8.Согласно Конституции судьи обладают независимостью, несменяемостью и неприкосновенностью.
9.Компетенция Прокуратуры включает надзор за исполнением законов всеми учреждениями, должностными лицами и гражданами.
10.При вступлении в должность Президент Российской Федерации приносит присягу.
THE CONSTITUTION AS A 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 accordance with the Constitution. Elected officials must stand for re-election at periodic intervals. Appointed officials serve at the pleasure of the person or authority that appointed them, and may be removed when their performance is unsatisfactory. The exception of 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 a bill 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 United States. The House of Representatives has voted articles of impeachment just 17 times in the history of the country.13 of the 17 persons who have been impeached were federal judges, as all seven individuals were convicted by the Senate.
(2266)
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 each 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 committee requires the signatures of 218 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.
(2009)
POWER IN INTERNATIONAL RELATIONS
The United States must recognize once again, and permanently, that the power constellation in Europe and Asia is of everlasting concern to her, both in time of war and in time of peace. The U.S. will continue to depend primarily on its own national strength, for the failure of a great state to consider power means its eventual destruction and conquest. It has meant the downfall of all the empires that have been tempted by the flabby ease of unpreparedness. States are always engaged in curbing the force of some other state.
In a world of international anarchy, foreign policy must aim above all at the improvement or at least the preservation of the relative power position of the state. Power is in the last instance the ability to wage successful war, and in geography lay the clues to the problems of military and political strategy. The territory of a state is the base from which it operates in time of war and the strategic position which it occupies during the temporary armistice called peace. Geography is the most fundamental factor in the foreign policy of states because it is the most permanent. Sound foreign policy, and the design of its effecting instruments, can flow only from a secure grasp of appropriate premises for thought, declaration, and action.
There are many possible frameworks for the attempted understanding of international relations; all are not of equal worth for the comprehension of the more important features of world political processes. The academic study of international relations has taken off into self-sustained growth in a direction very largely irrelevant to what one must call the real world. This easily-demonstrated fact does not detract from the importance of other processes, sometimes only distantly related, that are eroding familiar structures in international relations.
(1829)
ELECTIONS
The US Constitution includes some general provisions on the franchise. It sets forth certain requirements for candidates running for a post of a president, vice-president, senator or member of the House of Representatives. Requirements usually concern age, residence and citizenship. The candidates who meet all these requirements are considered eligible for office. A residence qualification requires a permanent residence of an individual in order to get the right to vote. The duration of the residence qualification is, in general, a few months though it may substantially vary from state to state.
Besides, some states have the so-called literacy qualification (the voter should be able to read and speak English, he (she) must know how to interpret the US Constitution, etc. And at last it should be mentioned that in some states a poll tax is levied upon everyone who votes and this certainly discourages poor citizens and Negroes from voting. In this context, it is not surprising that not all the Americans participate in elections, including congressional or presidential elections.
The voters are registered by clerks of counties or towns and by local election commissions. When registering, the voter must produce an identification card. This is done to prevent fraud. The administration of elections is vested in an election commission which ordinarily is composed of two commissioners, one representing each of the major parties, and a third ex officio member, usually a sheriff, a county judge, or a clerk. Prior to holding primary or general election, the commission appoints election officers for each precinct and also arranges for polling places. After the ballots have been cast, they are counted and the results obtained are tabulated and returned to the election commission. (1862)
The Constitution as Supreme Law
The US 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 case 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 bode: it does not, as in commonly thought, refer to conviction on such charges. The House of Representatives must bring charges of misconduct by voting a bill of impeachment. The accused officials is then tries 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 United 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 well all seven individuals convicted by the Senate.
Vocabulary notes
final authority окончательное судебное решение
be vested переходить во владение
exercise one’s authority directly прямо осуществлять власть
conform to the constitution соответствовать конституции
make provision for the removal создать условия для смещения официального
of a public official лица
in cases of extreme misconduct в случаях серьезного нарушения
misdemeanor мисдиминор (наименее опасные преступления)
Task 2. Match the words with their definitions
1. draft a. to be given control over something or the power to do something
2. conform to b. to change the words of a law or a legal document
3. be vested c. a piece of writing that is done early to help prepare it in its final form
4. provision d. wrong or immoral behavior in a position of authority or responsibility
5. misconduct e. the act of considering the need for something and arranging for it
6. amend f. to behave according to a group’s usual standards and expectations
Task 3. Make up the sentences using these word combinations
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
Task 4. Find the word phrases with the following special terms in the text
federal, supremacy, fundamental, authority, appointment, official, impeachment, trial, conviction
Task 5. Agree or disagree
1. The people exercise their political authority directly.
2. Justices of the Supreme Court may be free of political obligations or influence.
3. Impeachment is a charge of misconduct brought against a justice of the Supreme Court.
4. The accused official is then tried in the Senate.