THE Legislative Branch

Article I of the Constitution grants all legislative powers of the federal government to a Congress divided into two chambers, a Senate and a House of Representatives. The Senate, the smaller of the two, is composed of two members for each state as provided by the Constitution. Membership in the House is based on population and its size is therefore not specified in the Constitution.

Each Senator is elected for six years and each Representative for two years, with no limitation on the number of terms.

Each of the 50 states elects two Senators under a system in which one-third of the Senate is elected every two years. Senators are chosen in statewide elections held in even-numbered years. A senator must be over 30 years old and must have been an American citizen for at least nine years and must be the resident of the state from which he is elected.

The House of Representatives has 435 members. The total number of the House of Representatives has been determined by Congress. That number is then divided among the states according to their populations. Regardless of its population, every state is constitutionally guaranteed at least one member of the House of Representatives. Each state is divided into congressional districts of roughly equal population, and the voters of each district elect one Representative to Congress. A member must be at least 25 years of age and must have been an American citizen for no less than seven years and must be the resident of the state which sends him to Congress.

Each house of Congress has the power to introduce legislation on any subject except revenue bills, which must originate in the House of Representatives. The large states may thus appear to have more influence over the public purse than the small states. In practice, however, each house can vote against legislation passed by the other house. The Senate may disapprove a House revenue bill - or any bill, for that matter - or add amendments which change its nature. In that event, a conference committee made up of members from both houses must work out a compromise acceptable to both sides before the bill becomes law.

The Senate also has certain powers especially reserved to that body, including the authority to confirm presidential appointments of high officials and ambassadors of the federal government as well as authority to ratify all treaties by a two-thirds vote. Unfavorable action in either instance nullifies executive action.

In the case of impeachment of federal officials, the House has the sole right to bring charges of misconduct that can lead to an impeachment trial. The Senate has the sole power to try impeachment cases and to find officials guilty or not guilty. A finding of guilt results in the removal of the federal official from public office.

9.16. Answer the following questions:

1. Can a person be a Senator for 16 years?

2. Someone is 25 years old. Can this person be a Senator or a member of the House of Representatives?

3. Which part of Congress must approve bills before they become laws?

4. Do members of the House of Representatives ratify treaties?

9.17. Discuss the following chart. Compare the powers of the US Congress with those of the legislative branch in your country.

9.18. Before reading the text match a word on the left with a definition on the right.

1. judiciary a) find an accused person guilty of a crime in

a court of law

2. court b) the system of law courts in a country

3. Supreme Court c) do something that compensates for

(a wrong)

4. vest d) the highest judicial body in the US

Government (consisting of 9 members

appointed for life by the President with the

Senate’s approval)

5. court of appeal e) the award of money assessed to compensate

for financial loss to the injured party in a

lawsuit.

6. jurisdiction f) to place authority, power, etc. in the control

of a person or body

7. abolish g) officer appointed to try cases in a law court

8. judge h) legal authority

9. damages i) put an end to; do away with

10. redress j) one hearing cases previously tried in the

inferior court

11. convict k) body with judicial powers, tribunal

9.19. Test your general knowledge in the quiz below:

1. In the US there is a ... court system?

a) dual

b) single

c) multiple

2. The US court system is composed of a ... .

a) state judiciary and fifty federal judiciaries

b) national judiciary and fifty district judiciaries

c) federal judiciary and fifty state judiciaries

3. The Supreme Court is usually is session ... .

a) from October to June

b) from June to October

9.20. Before reading the text discuss some questions:

1. Name the highest court in the US and in the RF.

2. What does the abbreviation «FBI» stand for?

3. What body in your country is similar to the FBI?

9.21. Now read the text and see if you were right.

THE JUDICIAL BRANCH

The third branch of the federal government, the judiciary, consists of a system of courts spread throughout the country, headed by the Supreme Court of the United States.

Article III of the Constitution states the basis for the federal court system:

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

With this guide, the first Congress divided the nation into districts and created federal courts for each district. From that beginning has evolved the present structure: the Supreme Court, 11 courts of appeals, 91 district courts, and three courts of special jurisdiction. Congress today retains the power to create and abolish federal courts, as well as to determine the number of judges in the federal judiciary system. It cannot, however, abolish the Supreme Court.

The Supreme Court, consists of the Chief Justice of the United States and eight Associate Justices. The Court decides whether laws are constitutional - that is, consistent with the US Constitution - when cases appealed from lower courts raise this question. It also 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 power of the federal courts extends both to civil actions for damages and other redress, and to criminal cases arising under federal law.

Appointed for life, the judges of all the federal courts can be removed from office only for misconduct and after trial by the Senate. Impeachment is considered a drastic measure, one that 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.

The judicial system relies on the service of citizens as members of juries in federal, state and local courts. Every American of legal age is subject to jury duty, unless he or she can show that such service would constitute a severe personal hardship. Grand juries have enormous powers to investigate wrong-doing by public officials as well as private citizens. Trial juries sit in judgment of their fellow citizens charged with violations of the law.

The judicial system is premised on a belief in the equality of all individuals, in the inviolability of human rights and in the supremacy of the law. No individual or group, regardless of wealth, power or position, may defy these principles. No person, for any reason, may be denied the protection of the law.

9.22. Answer the following questions:

1. How many justices are there in the Supreme Court?

2. Name the lower federal courts.

3. What term are the judges of the federal courts appointed for?

9.23. Discuss the following chart. Compare the court system of the USA with that of your country.

Date: 2015-12-24; view: 1580