American Constitutional Principles

In the course of the Constitutional Convention (May, 1787), the delegates designed a new form of government for the United States, the so-called federal system.

The main principles of federal system are:

- decentralization of power

- separation of power

- checks and balances (maintaining a balance between freedom and order)

Decentralization of power means that power is shared between a central authority and regional authorities. In the United States the central authority is called Federal Government and regional authorities are state and local governments.

The Constitution limits the federal government to specific powers, such as national problems, international relations and interstate problems that involve more than one state. All other powers automatically belong to the states and local communities. The states and local communities in the US have rights that in other countries generally belong to the central government (e.g. education at any level; police force; driving laws; voting procedures; laws about drug use, capital punishment, and so on).

The state governments have much the same model as the federal government. Each state has also its constitution. But all must respect the federal laws and Constitution and not make laws that interfere with those of the other states.

Within the states local authorities must make their laws and regulations so that they fit their own state’s constitution.

So, America has a great variety in its governmental bodies. The system of decentralization of power tries to satisfy the needs and wishes of people at the local level, while at the same time the US Constitution guarantees basic rights to anyone, anywhere in America.

The theory of separation of power was developed by the French political scientist Montesquieu. The essence of the theory is that no person or body should have full control of all three functions of government. Following the theory, the Constitution of the United States provides for three main branches of government which are separate from one another – legislative (Congress), executive (President)and judicial (Supreme Court). Each branch has powers that the two others do not have (the power of Congress to make laws, the President’s power to make treaties with other nations, etc.).

In order to keep any branch from gaining too much power or from misusing its powers the Founding Fathers provided for the system of checks and balances. Under this system each branch has powers to counteract and limit any wrong actions of another branch. Thus, each body exercises control over the functions of the others.

For example, Congress has the power to make laws, but the President may veto a bill passed by Congress. Congress, in its turn, can override a veto by a two-thirds vote in each house. And finally, if Congress passes and the President signs a law, the Supreme Court has the power to declare the law unconstitutional and thus, not in effect.

Another example is that the President has the sole power to make treaties with other nations and to make all appointments to federal positions. The Senate, however, must approve all treaties and appointments before they become official. In this way Congress can prevent the President from making unwise decisions.

3. SCANNING READING. Quickly scan the text to find the following information.

SPEAKING.

7.1 Define the following:

DEVELOPMENT.

9.1* Translate the following extract into Russian in writing. Use a dictionary to help you.