The political system of the USA

Statutory Interpretation

It is not an easy task to interpret Acts of Parliament. Problems of construction arise when judges have to use their traditional skills to resolve them. There is no Act of Parliament to guide judges in the interpretation of other Acts, although the Interpretation Act 1978 gives some assistance. Judges can refer to the European Commission’s explanations when dealing with issues of EC law. As more laws become statute-based, interpretation of these statutes is a key role of a judge.

Since the decision in Pepper v Hart (1993) a judge can refer to Hansard to aid him in interpretation of a statute. However, the rule has its limitation: it can only be used if the statute is ambiguous, or if the use of the literal meaning would lead to an absurdity.

Rules of statutory construction. When statutory words are ambiguous, judges can use rules of construction to aid them in determining what it was Parliament had intended.

THE POLITICAL SYSTEM OF THE USA. THE LEGISLATIVE BRANCH.

Warming-up:

1. Do you like the way, how the USA is governed?

2. Do you see any drawbacks in the USA political system? What are they?

3. Can you explain what these words “Congress”, “Senate” mean?

4. Do you know what the Congress Agency is?

Vocabulary notes:

to prescribe	призначати
dual	подвійний
coat of arms	герб
degree	рівень
to embody	втілювати
backbone	основа, база
so far	досі
freedom of worship	свобода віросповідання
to invent	робити винахід
to reject	відмовляти
to occur	траплятись
to persuade	переконувати
motto	девіз, гасло
glory	слава
courage	хоробрість
in favor	на користь
The House of Representatives	палата представників
similar	схожий

The USA is a federal union of 50 states. The basic law is the constitution, adopted in 1787, which prescribes the structure of national government and lists its rights and fields of authority. Each state has its government and all of them have the dual character of both federal and state government.

The political system of the USA is divided into three branches: judicial, legislative and executive. Each branch holds a certain degree of power over the others, and all take part in the governmental process.

The flag. It is called the stars and the stripes and old glory. It was adopted in 1777. The red stripes proclaim courage, the white - liberty, and the field of blue stands for loyalty.

The coat of arms. The coat of arms of the US represents an eagle with wings outspread, holding a bangle of rods (the symbol of administer) in the left claw and olive twig (the emblem of love) in the right claw. The motto of the coat of arms is 'one out of many" (aplinibus nun).

The constitution of the USA. Although the American system of government is based on that of the Great Britain, it differs in having a written constitution that is the bases of all government and law. The constitution of the US was adopted after the War of Independence on the 17th of September 1787. It lists the set of rules, law regulations, which provide the practical norms, regulating the work of the government. The document embodied the practical theories of man of property. The main principle underlined in the constitution was as follows: "Private property is the backbone of liberty".

The constitution consists of Preamble and seven articles. So far 27 amendments have been added to its original text. The first 10 amendments, known as "the Bill of Rights', were added in a group in 1791. These amendments establish the individual rights and freedoms of all people of the states, including freedom of speech, freedom of the press, freedom of worship etc.

The legislative branch. Supreme legislative power in the American government lies with Congress: the Senate, the upper house; and the House of the Representatives - the lower house. Each state has its own government - State Assemblies or Legislatures with two Houses. According to the constitution of the USA, all citizens of both sexes over 18 years of age have right of voting, but in reality the number of voters is much smaller. The main task of Congress is to make federal laws, to levy federal taxes, to make rules for trade, to organize the activity of Armed forces, to declare war, to make amendments to the constitution, to put foreign treaties into effect.

Under the constitution the US Senate has some special powers, not given to the House of Representatives. It approves or disapproves the main presidential appointments: ambassadors, cabinet members and federal judges.

Senate has also the power to ratify treaties between the USA and foreign countries.

The Senate is composed of 100 members - two from each of 50 states, who are elected for a term of 6 years. Although congressional elections take place every two years, only 1/3 of the Senate is reelected. A Senator must be at least 30ty years old, a citizen of the USA for 9 years and a resident of the state from which he is elected. Vice-president presides over the Senate and conducts debates. The Senate is stable and more conservative than the House of Representatives and many Senators are more experienced politicians.

The House of Representatives has 450 members. The number of Representatives depends on the amount of population in each state. A Representative must be at least 25 years age, a US citizen for 7 years and live in the state from which he is elected. The Speaker presides over the House and conducts debates. The Speaker, like Vice-president, may vote. Most of the Congressmen are lawyers, businessmen and bankers. The American press as an unrepresentative institution sometimes criticizes the US Congress.

The Congress in work. A new Congress session begins on the 3rd of January each leap year and continues for two years. A Congressman must work long and hard. But most of their work is done in committee meetings. Here bills are studied, congressmen are consulted by experts and recommendations are given to the whole House or Senate. During a two year term of a Congress, as many as 20000 bills are introduced. There are 16 permanent committees in the Senate, and 22 in the House. They accept and improve some bills, but reject most of them. For a bill to become a law it must be read, studied in committees, commented on and amended in the Senate or the House in which it was introduced. It is then voted upon. If it passes, it is sent to the other House where a similar procedure occurs. Members of both Houses work together in "committees" if the chambers have passed different versions of the same bill. Groups who try to persuade congressmen to vote for or against a bill are known as "lobbies". When both Houses of Congress pass a bill on which they agree, it is sent to the President for his signature. If President disapproves it, he vetoes refusing to sign it, and sends it back to Congress. President’s objections are read and debated. In order to overcome the President's veto, the bill must get a 2/3 majority in each chamber.

Lobbyists. While discussing Congress of the USA, the third chamber should be mentioned. This specific American phenomenon is called lobbies. There are big corporations, social organizations, foreign diplomats, who try to influence lawmaking process in their favour. This is done with the help of lobbyists. Practically lobbyism (backstage influence in legislation) has become legal. It means, that the passing of a bill can be prevented, if it doesn’t suit the interests of a definite group of big business. More and more people realize that legislation is influenced as much by the hidden polices, as by the public debates.

Дата добавления: 2014-12-17