UNITED STATES OF AMERICA System of Government

The United States is a federal union of 50 states. The District of Columbia is the seat of the national government.|The Federal Constitution outlines the structure of the national government, its powers and activities. Other activities are the responsibility of the individual states, which have their own constitutions and laws. Within each state are counties, townships, cities and villages, each of which has its own government.

i All government in the United States is "of, by and for the people". Members of Congress, the President, the state leaders, and those who govern counties and cities are elected by popular vote/ Heads of federal departments are named by the President, and judges are either elected directly by the people or appointed by the elected officials. Voting is done in secret so that no one need to know for whom a citizen is voting. Public officials may be removed from office for failing to perform their duties properly.

America declared its independence from Great Britain in 1776. At that time it a loose confederation of states. It took five years to win the War of Revolution and then it took eight more years to arrive at the system of government that the US

has today. /

I When the Constitution was written in 1787 there were only 13 states. The drafters of the Constitution saw that the future might bring a need for changes, so they provided for adding amendments./Over the years 25 amendments have been added/lhe pattern of government planned so long ago for 13 states, today meets the needs of 50 states and over 50 times as many people.

/ Individual rights and freedoms are assured in the Constitutioiij and are listed in the first 10 amendments to the Constitution^ the Bill of Rights - which were added in 1791. They include freedom of speech, of the press and of worship; the right of citizens to meet peacefully; the right to be secure in one's own home against unreasonable searches and seizure of person or property; and the right of any person charged with breaking the law to have a speedy trial by a jury of fellow citizens.

The Constitution divides the powers of the government into three branches -the Executive, headed by the President; the Legislative, which includes both houses of Congress, the Senate and the House of Representatives; and the Judicial, which is headed by the Supreme Court./The Constitution limits'the powers of each branch, and prevents any one branch from gaining undue power.

For example, the Constitution gives Congress authority to make laws necessary for the common defense and good of the nation. As the country has grown, these laws have been adopted to provide for social welfare, public works, economic control and protection of the right of labor. But if any law passed by the Congress and signed by the President is contested, it may - or may not - be held unconstitutional by the Supreme Court, and nullified.

The whole system of American government is based on long-established principles. The people believe that the government should provide a frame-work of lawand order in which they are left free to run their own lives.

The state governments follow much the same pattern as the Federal Government/Each has a governor ks the chief executive, with power divided among

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the Executive, Legislative and Judicial branches. State governments manage such affairs as highway building and public higher education. The Federal Government deals with national and international problems and problems that involve more than one state. Laws affecting the daily lives of citizens are enforced by police in the cities and towns. Agents of the Federal Bureau of Investigation track down criminals who cross state borders and who break federal laws.

Before an accused person can be put on trial for a serious crime in a federal court - or in the courts of many states - his case must be presented to a Grand Jury of private citizens who decide whether there is enough evidence of guilt to try him.

■ The President of the United States is chosen in a national election for a four-year term of office, and may be re-elected for a second term. He must be a native-born citizen at least 35 years old^His salary is $200,000 a year<^: and he also gets an extra $50,000 for expenses; but he must pay a federal income tax on the whole amount. He gets an added $40,000, tax-free, for travel and entertaining, and is provided a home - the White House.

As head of the Executive Branch, his duty is to carry out government programs and enforce the laws. 'He recommends many laws to Congress and requires money for Federal Government operations.\ If he refuses to sign a bill passed by the Congress, a two-thirds vote of both houses is needed to override his veto and make the bill a law. The President appoints federal judges, ambassadors, and hundreds of government officials.

_[ Under the President are 11 executive departments. The President appoints heads, collectively known as the Cabinet, with the Senate's approval:

I The Department of State, headed by the Secretary of State, advises the President on foreign matters! The department carries on relations with other countries, and issues passports to American citizens who wish to travel abroad, and visas to visitors to the United States.

\ The Treasury Department manages government finances, collects taxes, and coins and prints money! The Secret Service, which protects the President and Vice President and their families, is also part of the Treasury Department. So are the Bureau of Customs, the Internal Revenue Service, and the Coast Guard.

j The Department of Justice is headed by the Attorney General.! He acts for the government on legal matters and moves against violators of federal laws. The FBI and federal prisons are his responsibility.

The Department of the Interior protects and develops the nation's natural wealth/ and is in charge of the national parks. It also enforces federal hunting and fishing laws, checks on the safety of mines and looks after the welfare of the Indian tribes.

I The Department of Labor is concerned with the welfare of the nation's workers.! It enforces, among others, the laws on minimum wages and maximum hours for workers engaged in interstate commerce or in producing goods that cross state lines. A mediation and conciliation service helps employers and workers to settle labor disputes.

The Legislative Branch, Congress, is made up of the Senate and the House of Representatives. There are 535 members,! each of whom gets a salary of $42,500 a year. Each Senator is elected for six years and each representative for two years, with no limitations on the number of terms.

There are two Senators from each of the 50 states. One-third of the Senate is elected every two years. A Senator must be over 30 years old and have been an American citizen for at least nine years. Thus, smaller states received a great degree of protection by their equal representation in the senior legislature.

The House of Representatives has 435 members. A member must be at least 25 years of age and have been an American citizen for no less than seven years. The number of representatives from each state depends on the state's population.

Both branches of Congress must approve bills before they become law. The Senate alone must approve appointments of officials by the President, and treaties with other nations.

' The judicial branch of the government is headed by the Supreme Court, made up of the Chief Justice and eight Associate Justices. The Court decides on questions of the constitutionality of laws! when such questions are raised in appeals from lower courts. It acts on disputes involving the national government, or two or more states, or citizens of different states.

The lower federal courts are the circuit courts of appeal and district courts. , The judges of all the federal courts are appointed for life. They can be removed from office only for misconduct and after trial by the Senate. <

Discussion

1. Is the United States a federation, a confederation or a unitary state? 2. How many states are there in the U.S.? 3. How many states were there in the U.S. when the U.S.Constitution was adopted? 4. Do people in the US have lords, peers, dukes, counts, princes, etc.? Why? 5. What is the supreme law of the nation? When was the Constitution adopted? 6. Into which three branches does the U.S.Constitution divide the powers of government? 7. What is the name of the system which limits the powers of each branch, and prevents any one branch from gaining undue power? 8. How many Amendments were made in 1791? What is their collective name? 9. How many amendments to the U.S. Constitution have been made after 1791? 10. What is the name of the US Parliament? 11. How many Senators are there in the US Senate? 12. What is the purpose of the Senate? 13. For which terms are Senators elected? 14. What happens in the Senate every two years? 15. For which terms are Representatives elected? 16. For how many consecutive terms can a Senator and a Representative be elected? 17. How many congressmen are there in the House of Representatives? 18. How many consecutive terms can a US President hold office?

19. What is the highest judiciary body in the U.S.? 20. How many members are there in the Supreme Court? 21. Are justices elected or appointed? 22. How long do justices serve? 23. Can justices be impeached and convicted? 24. Can the Supreme Court overrule or revise its own previous decision?

^ BASIC HUMAN RIGHTS, FREEDOMS AND DUTIES

The general concept of basic human rights, freedoms and duties was established by French Enlightenment of the 18th century and the ideas of French Revolution of 1789, whose motto was "Liberty, Equality & Fraternity". Influenced by the ideas of the French Revolution, liberal constitutions of the 19th century incorporated provisions of fundamental rights and freedoms for individual.

During the 19th century, the doctrine of individual rights antecedent and superior to the powers of the state was severely criticized, but the experience of Nazism and WWII revived it.

Human rights can be classified into universal ones and those provided for by specific national constitutions. Rights and freedoms can also be classified into inalienable rights and those that can be abridged by law.

The scope of guaranteed and confirmed rights and freedoms reflects the democratic essence of a society.

The Charter of the United Nations, signed in 1945, reaffirmed "faith in fundamental human rights", and the Universal Declaration of Human Rights, adopted by the UN General Assembly in 1948, enumerated them. Two additional UN covenants, the International Covenant on Civil and Political Rights (1976) and the International Covenant on Economic, Social and Cultural Rights (1976) further elaborated the concept of human rights.

The Declaration of Human Rights and Freedoms adopted by the Congress of the People's Deputies on September 5, 1991 states that each individual shall possess

natural inviolable and inalienable rights and freedoms, which are in tune with the Universal Declaration, international pacts and laws.

The Declaration provides for equality of all citizens in terms of law and legal protection irrespective of national and social status, language, sex, political and other convictions, religion, domicile, property status and other circumstances.

No person, social strata and groups shall enjoy advantages and privileges contrary to law. Each person shall be guaranteed the right to use his native language, to be educated in his native language to preserve and develop national culture.

Each person shall have the right to express his opinion freely and to disseminate his convictions orally or in writing. Mass media shall be free. No censorship shall be allowed.

Citizens shall have the right to associate in political parties, trade unions and other public organizations and to participate in mass movements.

Each citizen shall have the right to elect freely and to be elected to governing bodies.

Article 13 of the Declaration states that the right to life shall be an inalienable right of every individual. The state shall protect its citizens against unlawful encroachments upon their life, health, personal freedom .and security.

No person shall be arrested or detained except by the ruling of the court or under the prosecutor's warrant.

Each person shall have the right to a just and public trial of his case by a competent, independent and impartial court.

No person shall be subjected to torture, cruel, inhuman and humiliating punishment.

Citizens shall have the right to be secure in their persons, houses, correspondence, telephone conversations and other communications.

Each person shall have the right to a favourable living environment. Family, maternity and childhood shall be protected by the state.

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Each person shall be free to move within the country's limits, to choose his residence. Citizens shall have the right to leave their country and to return to it. No person can be exiled.

Each person shall have the right to work and to enjoy its results, including the right to protect his economic and social interests, as well as the right to stage a strike.

Each person shall have the right to property.

Each person shall have the right to a sufficient and decent living standard and to social protection.

Each person shall have the right to education. Elementary education is mandatory. Education at state-run institutions shall be free of charge.

Each person shall have the right to be supported by the state in obtaining and using housing.

Each person shall have the right to health protection, including free usage of a wide network of state-run medical facilities.

Human rights violations are regularly monitored by such international bodies as the Commission on Human Rights of the UN Economic and Social Council and the International Labor Organization (ILO), by independent human rights organizations like Amnesty International, and by the world media.

Discussion

1. Into which categories can human rights and freedoms be classified? 2. What are the main postulates of the natural rights philosophy? 3. Name several classical embodiments of the natural rights philosophy. 4. Enumerate international documents spelling out basic human rights and freedoms. 5. Which human rights and freedoms can be suspended under a martial law? 6. What is an Ombudsman? Do we have an Ombudsman in Russia and Bashkortostan? 7. On August 1, 1975 the USSR, as well as the US, Canada and 35 European countries signed Helsinki Accords - the Final

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Act of the Conference on Security and Cooperation in Europe. What is the international importance of this document? 8. Name some current examples of human rights violations. 9. Great Britain has no single-document constitution. Which documents address the human rights issue?

Date: 2015-12-11; view: 1506