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?

 

B Choose the best answer (a, b, or c) according to the information in the text.

 

1 Why is the system of checks and balances necessary?

a) because it separates the executive, legislative and judicial branches of government

b) because it keeps any branch from using too much power or misusing it and makes each branch check on the others

c) because it limits the President's powers.

 

2 What is the role of compromise in the American system of running the country?

a) it helps the Congress to pass a law

b) it protects against extreme in government policies

c) it helps the President to veto any act of Congress.

 

3 What is known as the Bill of Rights?

a) the rights of Congressmen to impeach the President

b) the rights of judicial power to declare congressional legislation unconstitutional

c) constitutional guarantees of civil liberties for individual citizens.

 

4 What are the powers of the federal government?

a) the right to tax

b) the right to regulate business within the states

c) the right to make criminal laws.

 

5 What are the powers of the state government?

a) the right to borrow money

b) the right to regulate local governments

c) the right to maintain postal system.

 

C Speak about the system of checks and balances using the chart.

Checks and balances

 

 

Language focus

A Translate these phrases into Russian paying special attention to Participle II.

 

– the operation of the Government based on the Constitution

– the US Constitution adopted by Congress

– the powers given to the federal government

– the powers exercised by states

– the national government composed of three branches

– the powers of one branch limited by the powers of the others

– the arrangement known as the system of checks and balances

– the powers shared by each branch

– the system of checks and balances clearly illustrated by the President’s relations with the Congress

– an amendment proposed by the federal legislature

– an amendment approved by three-fourths of the state legislature

 

B Put the words in the right order to form sentences.

1 sets form Constitution of The US basic the government

2 declares speech of freedom Bill the Rights of The

3 America of government All three-branches the form states of fifty the have

4 headed executive The is governor by branch government the state in of each the

Vocabulary tasks

A Fill in the gaps choosing appropriate words from the box.

 

abuse adopts at a time checked branch concentration the Congress independent President powers separate

 

 

Checks and Balances

 

Two ideas underlie the separation of 1) ______. The first is that, to avoid too much 2) ______ of power, the same people should not legislate, govern and judge. Each branch of the state should be 3) ______ of the others. But if each branch is independent of the others, the danger is that they will each go their own way and 4) ______ their powers. To avoid this, a second idea comes into play. There should be some way in which each 5) ______ can be kept in check by the others.

The American Constitution 6) ______ both these ideas. The three branches of the state are 7) ______. The legislature is 8) ______,consisting of an upper House (Senate) and a lower House (House of Representatives). Executive power is in the hands of the 9) ______, who heads the government. Judicial power is in the Supreme Court. No one can be both a legislator and a member of the government, or a legislator and a judge, or a member of the government and a judge. The three branches are separate in that no one can belong to two of them 10) ______. But each can be 11) ______ by the others if it abuses its powers.

 

B Match these words and phrases with their definitions.

 

	checks and balances	a	formal agreement between two or more countries
	separation of powers	b	the right to refuse to allow something to be done, especially the right to stop a law from being passed
	bicameral legislature	c	the principle of government by which the President, Congress and the Supreme Court each have control over the others
	a review	d	having two main parts such as the Senate and the House of Representatives
	a treaty	e	the principle of the US Constitution that the political power of the government is divided between the President, Congress and the Supreme Court
	a veto	f	to use your authority to reject somebody’s decision, order, etc.
	to override	g	an examination of something with the intention of changing if necessary

Over to you.

1 How does the president’s veto power illustrate the system of checks and balances?

2 How does the investigative power of Congress illustrate the system of checks and balances?