At times unions are formed among national states that, without unifying the member states into a new political community in the strict sense of the word, nonetheless set up governmental agencies whose laws immediately become part of the national systems. It is as if in the national constitutional frameworks a new level of government were added, from above, to the ones already existing. The most important example is the European Community (EC). Under the Treaty of Rome (1957) it has its own government consisting of a commission, a council of ministers, a parliament, and a court. It can issue regulations on economic matters indicated by the treaty. Up to now, EC regulations have been issued only if in fact consented to by each of the executives of the member states. Once in force, however, they must be applied by the national courts with precedence over national legislation. The binding interpretation of the treaty and of EC regulations belongs to the EC court, where it is possible for individuals to have recourse.
The EC may be the embryo of a future federal state, if the union develops into an organization whose central government is capable of making decisions independently of the will of member states (which for the moment it is not) and if it assumes functions in the field of foreign and military policy (which at present it does not possess). The community may also never become a federal state. But even as it exists now, it is much more than a simple international alliance of national states that have in common economic interests and assume the obligation to respect the regulations of such interests made by some external agency. The structures of the EC penetrate deeply into the constitutional structures of the national member states, much in the same way as the structures of the central government do with respect to the member states in a federal system.
Task 5. Give a précis of the following text. (Remember that a précis should be no longer than 1/3 of the original).
A civil right is an enforceable right or privilege, which if interfered with by another gives rise to an action for injury. Examples of civil rights are freedom of speech, press, assembly, the right to vote, freedom from involuntary servitude, and the right to equality in public places. Discrimination occurs when the civil rights of individuals are denied or interfered with because of their membership in a particular group or class. Statutes have been enacted to prevent discrimination because of a person’s race, sex, religion, age, previous condition of servitude, physical limitation, national origin and in some instances sexual preference.
The most important expansion of civil rights in the United States was the enactment of the Thirteenth and Fourteenth Amendments. The Thirteenth Amendment abolished slavery throughout the United States. In response to the 13th Amendment, various states enacted “black codes” which were intended to limit the civil rights of the newly free slaved. In 1868 the 14th Amendment was passed to counter the “black codes” and ensure the privileges or immunities of citizens of the United States. The Congress was also given the power by section five of the Fourteenth Amendment to pass any laws needed for its enforcement. During the “reconstruction era” that followed Congress enacted numerous civil rights statutes. Many of these statutes are still in force today and protect individuals from discrimination and from the deprivation of their civil rights.
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The most prominent civil rights legislation since the reconstruction is the Civil Rights Act of 1964. Decisions of the Supreme Court, at the time, limited the Congressional power to enforce the 14th Amendment to the prohibition of state action. (Since 1964 the Supreme Court has expanded the reach of the 14th Amendment in some situations to individuals discriminating on their own). Therefore, in order to reach the actions of individuals, who were violating the civil rights of other Americans, Congress enacted the Civil Rights Act of 1964 under its power to regulate interstate commerce. Discrimination based on “race, color, religion, or national origin” in public establishments that had a connection to interstate commerce or was supported by the state is prohibited. Public establishments include places of public accommodation (e.g., hotels, motels, trailer parks), restaurants, gas stations, bars, taverns, and places of entertainment in general. The Civil Rights Act of 1964 and subsequent legislation also declared a strong legislative policy against discrimination in public schools and colleges which aided in desegregation. Title VI of the civil rights act prohibits discrimination in federally funded programs. Title VII of the Civil Rights Act prohibits employment discrimination where the employer is engaged in interstate commerce. Congress has passed numerous other laws dealing with employment discrimination.
The judiciary, most notably the Supreme Court, plays a crucial role in interpreting the extent of the civil rights. A single Supreme Court ruling can change the very nature of a right throughout the entire country. Supreme Court decisions can also affect the manner in which Congress enacts civil rights legislation, as occurred with the Civil Eights Act of 1964. The federal courts are crucial in mandating and supervising school desegregation programs and other programs established to rectify state or local discrimination.
State constitutions, statutes and municipal ordinances provide further protection of civil rights.
The existence of civil rights and liberties are recognized internationally by numerous agreements and declarations. Often these rights are included in agreements in which nations pledge themselves to the general protection of Human Rights. The United States has recently adhered to the most notable international agreement on civil rights: The International Covenant on Civil and Political Rights.