English for Law Students

Учебно-методический комплекс обучения английскому языку для студентов-правоведов по темам: профессия юриста, история государства и права, конституционное и уголовное право, деятельность судов, уголовный и гражданский процесс, пенитенциарная система.

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The Supreme Court has direct jurisdiction in only two kinds of cases: those involving foreign diplomats and those in which a state is a party. All other cases which reach the Court are appeals from lower courts. The Supreme Court chooses which of these it will hear. Most of the cases involve the interpretation of the Constitution. The Supreme Court also has the “power of judicial review”, that is, it has the right to declare laws and actions of the federal, state, and local governments unconstitutional. While not stated in the Constitution, this power was established over time.

Ex. 1. Comment on the following chart:

Ex. 2. Put the following sentences in the logical order to speak about the American system of government.

1. The Supreme Court also has the “power of judicial review”.

2. A decision of the Supreme Court cannot be appealed to any other court.

3. The main instrument of the Federal Judiciary is the Supreme Court.

4. The federal government deals with regional problems and international relations.

5. Those who govern counties and cities are elected by popular vote.

6. There are three levels of American government.

7. Agents of the Federal Bureau of Investigation track down criminals.

8. The state governments follow much the same pattern as the federal.

9. The Constitution divides the powers of the government into three branches.

10. The President of the United States is head of the Executive branch.

11. Laws affecting the daily lives of citizens are enforced by police in the cities and towns.

12. The Supreme Court consists of a chief justice and eight associate justices.

Text C The Legislature

Task: read the text and get ready to discuss its main points.

The legislative branch is a tremendous presence in society and in the legal system. There are vast numbers of lawmaking bodies, arranged in a kind of pyramid. At the base of the pyramid, in the typical state, are the lawmaking organs of local government. At the top there is a national legislature - Congress which is the legislative branch of the federal government. It is divided into an upper house (the Senate) and a lower house (the House of Representatives). There are 100 Senators, two from each state. One third of the Senators are elected every two years for six-year terms of office. The Constitution says that a Senator must be at least 30 years old, a citizen of the US for nine years and a resident of the state from which he is elected. The House is elected on a population basis, but every state is entitled to at least one representative, no matter how tiny its population is. There are 435 members, or roughly one for every 600,000 people. They are elected every two years for two-year terms. A Representative must be at least 25 years of age, a US citizen for seven years and live in the state from which he is elected. There are 16 “standing”, or permanent, committees in the Senate and 22 in the House. Congressmen on a committee are experts in certain fields.

Congress makes all laws, and each house of Congress has the power to introduce legislation. If both houses agree legislation becomes law. The President has the rights to veto laws passed by Congress. To overcome President's veto the bill must get a two-thirds majority in each chamber.

The legislative system, like the rest of American legal structure, is influenced by federalism and, more significantly, by the American habit of decentralization. Voters take it for granted that the people they elect represent localities and local interest. The representatives in Congress must please the people in their districts, or they will find themselves out of a job. Congress is to provide for the common defense and general welfare of the country. Although the three branches are presumably coequal, the legislature takes the lead in formulating the structure and duties of the other two branches. No money shall be drawn from the Treasury, but in consequence of appropriations made by law. This is one of the legislature's most powerful weapons in overseeing the executive, the power of the purse. There are two main components of this power: taxing and spending. Congress passes broad powers over the nation's economic well-being and political security. It may coin money, incur debts, regulate commerce, establish post offices, issue patents and copyrights, provide for a militia, repel invasions and suppress rebellions. Congress's enumerated powers are not boundless, there are light specific limitations on Congress's powers noted in Article 1 Section 9 of the Constitution. They deal with criminal proceedings, slave trade, taxation, appropriations, titles of nobility.

The output of Congress or a state legislature, in any session, consists of dozens and dozens of statutes. Some are long, complicated, and important; some are short. It is hard to generalize about the form or content of statutes. A statute can be about any subject that law touches on, which means, in practice, anything. The form, too, is infinitely various. Usually we think of statutes as being general directives, unlike decisions, which apply to particular cases. Every statute, then, has a double message. In the first place, the statute delivers to the public (or some part of it) a statement of do's or don'ts, or rights and privileges. In the second place, the statute also contains a message to some legal authority, giving instructions about carrying out the law. Studies of the legislative process emphasize the fact that votes on bills are not isolated acts. A legislature is an institution, a system; its members know each other, and they must learn to live and work with their colleagues. Congress is not “an anonymous group of men and women who occasionally meet to pass legislation”; on the contrary, it is a continuing body, with “an elaborate formal and informal structure, traditions, norms, and agreed-upon practices.” The same is true of state legislatures.

Ex. 1. Fill in the following chart.

1. Congress is the legislative branch which provides

. . . . .

2. . . . . .

becomes the legislature's most powerful weapon.

Congress posseses broad powers which may

. . . . .

4. Congress's powers in Article 1 Section 9 deal with

. . . . .

5. The House of Representatives is elected to represent

. . . . .

6. . . . . .

becomes laws.

Ex. 2. How are the following ideas expressed in the text.

1. the highest law-making body of the US;

2. a person who wants or whom others want, to be chosen for a position in an election;

3. the smaller of the 2 law-making groups in some countries;

4. a person acting in place of one or more others;

5. to express one's choice in favor of (a person or political party) at an elections;

6. protection against law-breaking, violence;

7. something owed to someone else;

8. money paid in accordance with the law to the government.

Ex. 3. State the main idea of each passage of the text.

Text D Political Parties

Task: read the text and give your understanding of the underlined parts of the sentences.

The two leading parties in the U.S. are the Democrats and the Republicans. The Democratic Party was founded in 1828, representing Southern planters - slave owners and part of Northern bourgeoisie, as well as groups of petty bourgeoisie and farmers. The Republican Party was founded in 1854. It united industrial and trade bourgeoisie from North-East, farmers, workers, craftsmen who were interested in destroying the political power of the South.

Today the Democrats are thought of as associated with labor, and the Republicans with business. Democrats tend to favor an active role of the central government in social matters, Republicans tend to oppose the greater involvement of the federal government in public life which they consider to be the responsibility of the states and communities. To distinguish between the parties is often difficult, however. The traditional European terms of right and left, or conservative and liberal do not quite fit the American system. Representatives or Senators are not bound to a party program if they have been elected as Democrats and the Republicans. Both Representatives or Senators are elected to serve the interests of the people and areas they represent, that is, their constituencies.

The main task of the parties it to win elections. But once a President is chosen, the parties again become amorphous bodies. In the U.S., the parties cannot win seats which they are then free to fill with party members they have chosen. As a result, the political parties have much less actual power than they do in other nations.

There are other minor parties but they do not play role in national politics.

Text E American President

Task: read the text and insert a suitable verb from the box.

to reelect

to resign

to convince

to approve

to stand

to dispose

The President of the United States is chosen in a national election for a four-year term, and may be __________ for a second term. The President must be a native-born citizen at least 35 years old. He is elected directly by the voters.

President is head of the executive branch. The President's policies and appointments of federal judges and government officials must be _________ by Congressmen. Therefore he must be able __________ the Representatives and Senators of his point of view. The rule is the President proposes, but Congress _________.

Under the US Constitution President is made to ___________ before the expiry of his term of office only by an impeachment process. He is _______ trial in the Senate, with the Chief Justice of the U.S. acting as the judge and the Senators as the jury.

Dialogue 1. After the Seminar

Task: read the dialogue, reproduce it a) abridged, b) in the form of a monologue.

Jack: Heather, are you through with the USA Constitution?

Heather: Oh yes, it wasn't hard, you know. Just a bit of history... I mean I mentioned that reading and debating the Federalist Papers Americans became deeply conscious of the principles of democracy and its proper role in their life and ... and all that stuff1.

Jack: How in the world do you find enough time? If things go on like this you'll soon become a straight `A' student2.

Heather: To tell the truth, I could hardly manage extra questions. You see, Constitution provides the rule of the majority, and it can be so cruel, so wrong, so oppressive to minorities that it perverts democracy itself. I mean society ought to be tolerant. And tolerance is something that we get through education, social traditions, through the instruction of family, our experiences in dealing with strangers. And ...

Jack: You are far too deep in it yet. It's for this purpose that constitutional law is made and it regulates relations of the kind by providing us with rights and freedoms ... Of speech or expression ... Why should we talk of the thing like this?

Heather: What I was asked, Jack, is to which extent these have to be restricted. The problem has been debated ever since nations originated. And, of course, I can't be expected to solve it.

Jack: You need a bit of relaxing. What about an hour or two of music and dancing at our cafe? Some new CDs they've got there are terrific.

Heather: A good idea. And then we'll have a walk to the campus under the new moon3.

Notes:

1 and all that stuff - и все такое;

2 a straight `A' student - круглый отличник;

3 the new moon - молодой месяц.

Ex. 1. How is the following expressed in the dialogue:

an intention or plan; reason for an action

passing down of opinions, beliefs, customs from the past to the present

painful, causing suffering

able to understand

to supply

to argue about something with someone

a large group of people with a particular organization and shared customs, laws

the greater number or amount

to keep within limits

unjust

knowledge or skill which comes from practice

to turn away from what is right

the smaller number or part

Ex. 2. Study the dialogue and find the expressions which people need in conversations to create thinking time.

e. g. well … ; and erm…; a sort of … ; I mean … .

Ex. 3. Present the information you have learned from the dialogue making use of the following:

to become deeply conscious, principles of democracy, to provide the rule of the majority, to be oppressive to minorities, to pervert democracy, tolerance, to regulate relations, to provide rights and freedoms, to be restricted, a bit of relaxing.

Dialogue 2. Similarities and Differences

Task: study the dialogue between an American and an overseas law student.

Alexander: Hi, Robert! Can I have a word with you?

Александр: Привет, Роберт! Можно с тобой поговорить?

Robert: Oh, hello! Sure. Any problems?

Роберт: О, привет! Конечно. Есть проблемы?

Alexander: No, everything is OK. I'd like only to clear up some points for my report.

Александр: Нет, мне бы хотелось выяснить некоторые моменты для моего доклада.

Robert: Well … , what does it deal with?

Роберт: Ну… и чему он посвящен?

Alexander: You see, now we are studying the U.S. system of government. And my task is to analyze the similarities and differences between the U.S. system of government and other forms of democratic government.

Александр: Видишь ли, сейчас мы изучаем систему управления США. И моя задача - проанализировать сходства и различия между системой управления США и другими демократическими формами управления.

Robert: You know… , as a constitutional federal republic, the USA is not unique. Many “democracies” are in fact constitutional republics. And they share with the USA long traditions of democratic representation, the rule of law, and constitutional protection.

Роберт: Знаешь ли, как конституционная федеральная республика США не уникальная страна. Многие «демократии» фактически являются конституционными республиками. И они разделяют с США долговременные традиции демократического представительства, верховенства закона и конституционной защиты.

Alexander: Well… As to similarities it is more or less clear. But what I need is to find out the differences, you know.

Александр: Так… Что касается сходств, это более или менее ясно. Знаешь, а вот мне нужно выявить различия.

Robert: OK. One significant difference is the selection and role of the head of government.

Роберт: Ладно. Одно существенное различие - это выборы и роль главы правительства.

Alexander: As far as I know, in parliament systems, the head of the government is a prime minister. He is selected from the parliament. Typically he is the leader of the majority political party or coalition. The prime minister appoints a cabinet of ministers. It often consists of other members of parliament. A separate head of the state may be a monarch or an elected President.

Александр: Насколько мне известно, в парламентской системе глава правительства - премьер-министр. Он выбирается из членов парламента. Обычно он - лидер политической партии большинства или коалиции. Премьер-министр назначает кабинет министров. Он часто состоит из других членов парламента. Отдельной главой государства может быть монарх или избранный Президент.

Robert: That's right. But in the USA, the President is both head of government and head of state.

Роберт: Все верно. Но в США Президент является как главой правительства, так и главой государства.

Alexander: I wonder, how the President is elected.

Александр: Любопытно, как избирают Президента.

Robert: The President is elected separately from the legislature. He may, or may not be of the legislature's majority political party.

Роберт: Президент избирается отдельно от законодательной власти. Он может быть, а может и не быть представителем политической партии большинства в законодательном органе.

Alexander: Is it possible for a member of the President's Cabinet be a member of Congress at the same time?

Александр: Возможно ли члену Кабинета Президента быть одновременно членом Конгресса?

Robert: Oh, no! It's out of the question. It is Constitutionally prohibited. And have you compared the party systems?

Роберт: О, нет! Об этом не может быть и речи. Это конституционно запрещено. А ты сравнил партийные системы?

Alexander: I don't think there is any difference in them.

Александр: Я не думаю, что там есть какие-либо различия.

Robert: You are wrong. You see, the USA is primarily a two-party system. While in many parliamentary systems there may be ten or more parties represented in the legislature. The result is clearly defined political lines in the USA. And I'm sure you know that in a parliamentary system there is often a need for coalition-building in order to create a ruling majority.

Роберт: Ты не прав. Видишь ли, в США в основном двухпартийная система. В то время как в парламентских системах десять и более партий могут быть представлены в законодательном органе. В результате в США - четко определенные направления. Я уверен, ты знаешь, что в парламентской системе часто возникает необходимость в создании коалиции, чтобы создать правящее большинство.

Alexander: Yes, I know it. What is important to mention is that in many parliamentary systems, elections may be called suddenly by the ruling party. It can happen if there is a vote of no confidence in the government. Sometimes parliament may be even dissolved by head of state and new elections ordered. Is it possible in the USA?

Александр: Да, я знаю. Что еще важно отметить, это то, что во многих парламентских системах выборы могут быть спонтанно организованы правящей партией. Это может произойти, если есть вотум недоверия правительству. Иногда парламент может быть даже распущен главой государства и новые выборы назначены. Такое возможно в США?

Robert: No. And this is another significant difference. Elected officials in the USA serve for a defined period of time before facing reelection.

Роберт: Нет, и это - другое существенное различие. Избранные представители власти служат в течение определенного периода времени прежде, чем предстать перед переизбранием.

Alexander: I wonder if there are any differences in the judicial system.

Александр: Интересно, есть ли какие-нибудь различия в судебной системе?

Robert: There are some. But they are not as significant as in the legislature. Because, as you know, the USA legal system is based on English common law. I think you should mind one major difference in the judiciary. That is the power of the U.S. Supreme Court to declare laws unconstitutional.

Роберт: Есть некоторые. Но они не настолько существенны, как в законодательстве. Потому что, как ты знаешь, правовая система США основана на английском Общем праве. Но я думаю, тебе следует учесть одно основное различие в судебной системе. Это - полномочие Верховного Суда США объявлять законы неконституционными.

Alexander: Really? I've never heard of it. Robert, I'm impressed by your deep knowledge. Thanks a lot.

Александр: На самом деле? Я никогда об этом не слышал. Роберт, ты меня поразил своими глубокими знаниями. Большое спасибо.

Robert: You are welcome.

Роберт: Всегда пожалуйста.

Ex. 1. Find English equivalents to the following:

существенное различие; верховенство закона; одновременно; избирать отдельно; система управления; назначать; сходство; конституционная защита; выявить; иметь дело с чем-либо; уникальный; запрещать; быть четко определенным; вотум недоверия; прояснить; разделять что-то с кем-то (чем-то); в основном; необходимость создания коалиции; быть представленным; для того, чтобы; сталкиваться с чем-либо; глава государства; распускать.

Ex. 2. Sum up the information you have learnt from the dialogue. Focus your attention on:

· head of government

· party system

· reelection

· judicial system

Ex. 3. Fill in the blanks with the appropriate word from the box:

interactions, state, direct, President, inspection, make, Congress, officials, people, formulate, elections, local

To a visiting observer, the U.S. government may seem straightforward: the _____ makes the laws and the _____ implements them. A closer _____ reveals a much more complex system of _____ and influences.

As a republic, the ultimate power within the American system rests with the _____ . This power is exercised through regular, scheduled _____ in which voters select the President, members of Congress and various _____ and ____ officials. These _____ and their staffs _____ policy, _____ laws, and _____ the day-today operations of government.

LISTENING COMPREHENSION

Text The American Constitution

Pre-listening activities

I. Make sure that you know the following:

to amend = to correct, to improve

amendments = additions, corrections

to petition smb = to appeal

peaceful assembly = peaceful convention (gathering)

unalienable rights = undivisible rights

II. Before listening answer the questions:

1. How does the American Constitution separate the powers of the government?

2. Has the text of the Constitution ever been changed? How did it become possible?

3. What's the Bill of Rights?

Listening activities

Listen to the tape recording and fill in the gaps:

1. The former colonies operated first under … .

2. The Constitution outlines … of the national government and specifies … .

3. The ultimate power under the Constitution belongs to … .

4. Americans stated in the first ten Constitutional Amendments, known together as … what they considered to be their fundamental rights.

5. The great pride of Americans in their Constitution comes from … .

6. Over the past two centuries the Constitution … throughout the world.

After listening activities

Work in pairs and discuss the following question

What's the difference between the American Constitution and the Bill of Rights?

Dialogue The American Administration

Pre-listening activities

I. Before listening answer the questions:

What principles is the American system of government based on?

How do you understand the saying: “The President proposes, but Congress disposes?”

Name at least three functions of the President.

II. Make sure you know the following:

to be all ears = to listen to smth attentively

if I get you right = if I understand you

Listening activities

I. As you listen to the tape, make brief notes to help you answer the following questions:

1. What is the highest governmental office in the US?

2. I wonder whether any American can become President.

3. What do you know about “Inauguration Day”?

4. By whom are Cabinet officials appointed?

5. What is the term of office of the American President?

II. Listen to the tape recording once more and complete the sentences:

1. The highest governmental office of the US is ...

2. The President must be ...

3. The term of office of the President is ...

4. The US President is assisted ...

5. The Cabinet members are ...

After listening activities

Arrange a round-table discussion on the American Administration.

Revision Translation

Американская система управления

Система управления в Соединенных Штатах на федеральном уровне, в штатах, графствах и муниципалитетах легка для понимания, если вы воспитаны на этой системе и изучали ее в школе.

brought up

Есть, однако, несколько главных принципов, положенных в основу системы управления на всех уровнях. Первый - один человек, один голос - определяет, что законодатели избираются от географических округов путем прямого голосования избирателей. В соответствии с этим все избирательные округа должны иметь приблизительно равное число жителей.

laid down

approximately the same number

Другой основополагающий принцип состоит в том, что при системе сдержек и противовесов компромисс в политике является вопросом необходимости, а не выбора. Например, палата представителей конгресса контролирует бюджетные расходы, а это значит, что президент должен получать ее согласие на осуществление своих предложений и программ. Он также не вправе объявлять войну, не получив на то согласие обеих палат конгресса. Любой внешнеполитический договор требует ратификации его сенатом - нет утверждения, нет и договора. Правило таково: президент предлагает, а конгресс располагает. Зачастую президент намерен делать одно, а вынужден делать другое.

fundamental

the matter of ne-cessity

spendings

approval

foreign

proposes, disposes, intends

GRAMMAR SECTION

Grammar to be revised: Modal Verbs

Ex. 1. Analyse and translate the sentences paying attention to the modal verbs and their equivalents.

1. The Constitution may be defined as a system or body of fundamental principles according to which a nation or state is constituted and governed.

2. The President, the head of the Executive Branch must carry out the government programs adopted by Congress.

3. In domestic as well as in foreign policy the President can seldom count upon the automatic support of Congress, even when his party has a majority in both the Senate and the House of Representatives.

4. To become a law a bill must be approved by both Houses of Congress, but any bill passed by Congress may be vetoed by the President.

5. Many reasons have been offered to explain why the U.S. has been able to go from a small struggling economy to the leading industrial and agricultural country.

6. Most Americans think that the rise of their nation as a leading producer of manufactured goods could not have been occurred under any other system except capitalism.

7. The presidential elections in the USA are to be held in two stages: first the people elect the Electoral Voters who then elect the President.

8. The President is elected for four years of service and may be reelected for four additional years.

9. Being afraid of a powerful Federal Government the Americans had to add 10 amendments to the Constitution - the Bill of Rights - in 1791 which guaranteed liberties to the people and since then 16 more amendments have been added to the Constitution.

10. Some Americans say that the press is not and should not be part of the government.

11. The newspapers might support one candidate or the other but one year might be a Republican and the next a Democrat.

12. “It is evident that the future of civilization and the chief possibility for mankind is to be found in America,” said Bernard Russell.

13. The Fourteenth Constitutional Amendment (1868) says “No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States, not shall any state deprive any person of life, liberty or property without due process of law …”

14. These are the words from the Bible, Exodus, 20, in one of its English translations: “Honour your father and your mother, so that you may live long in the Land the Lord your God is giving you.

You shall not murder.

You shall not commit adultery.

You shall not steal.

You shall not give false testimony against your neighbour.”

Ex. 2. Ask and answer the questions working in pairs:

1. How may the Constitution be defined?

2. Can the President veto laws passed by Congress?

3. Can Congress pass laws over the President's veto?

4. Could the country prosper if the states continued to quarrel among themselves?

5. Could Americans win the trust of other nations if they refused to pay the debts just after the Revolution?

6. I wonder if each House of Congress may initiate legislation.

7. May the House of Representatives and the Senate reject each other's bills?

8. Where must a bill be sent if it is introduced?

9. Must the Senate confirm the President's judicial appointments?

10. What problems did the Democratic and the Republican parties have to deal with after the Civil War?

11. Why did Americans have to add ten first amendments to their Constitution soon after it had been adopted?

12. What should a candidate do to persuade electors to vote for him?

13. What should the government do about water and air pollution?

14. Whom should a party nominate for presidency?

15. What should a politician bear in mind fulfilling his duties?

16. Should TV and radio programs be censored?

17. Do Americans have to join a political party in order to vote or to be a candidate for a public office?

Ex. 3. Complete the sentences using “can” or “to be able”:

1. Only the House of Representatives … impeach officials, but only the Senate … try the officials and decide if the official … stay in office. 2. In 1776 Americans ... break with old traditions. 3. President … (not) declare war without the approval of Congress. 4. A decision of the Supreme Court ... (not) be appealed to any other court. 5. Neither President nor Congress ... change the decision of the Supreme Court. 6. It was very difficult but we ... persuade our opponent. 7. He is a well-known politician, he ... be nominated as the Democratic presidential candidate. 8. In spite of hostility between Indians and colonists the chief of the Wampanoag tribe ... conclude a peace treaty with Pilgrim Fathers in 1621. 9. He is a Secretary, so he … (not) serve in the Congress. 10. Thomas Jefferson who mostly wrote the Declaration of Independence explained that the purpose of the government was to protect the rights of the people, then the people … (not) be blamed for tying to change the government. 11. The President must … to convince Congressmen of his point of view. 12. The environmental movement in the USA never associated with one political party or group, … to gain widespread trust and support.

Ex. 4. Use the modal verbs denoting obligation in their correct form: “must”, “have to”, “be to”, “should”, “ought to”, “shall”:

1. The American colonists were not free to settle west of the Appalachian Mountains, and they … to allow British soldiers to live in their homes. 2. The government ... do something about employment. 3. The committee may ... continue the discussion of the problem. 4. In many countries citizens ... take part in the elections whether they want it or not. 5. The commission will start its sitting tomorrow. President ... answer a lot of questions. 6. You ... (not) make this information known to wide public. 7. I ... (not) type the documents. My secretary is supposed to do it. 8. Being elected by the people the President … compromise to be supported by the voters. 9. Federal laws such as Clean Air Act and Water Pollution Control Act … have led to many specific improvements in the environment. 10. Even in small cases the government … provide the lawyer to a defendant if he or she cannot afford one. 11. It was decided that Congress … to consist of two parts, the Senate and the House of Representatives. 12. The Constitution said exactly what powers of Federal Government … have and what powers … be reserved for the states. 13. The Declaration of Independence said that “these United Colonies are and of right … to be free and independent states.” 14. The Founding Fathers provided that the President _____ appoint all Federal judges with the consent of the Senate, and that a Federal judge _____ hold office during “good behavior”.

Ex. 5. Express suppositions using the prompts. Mind the form of the Infinitive.

Model 1: a) What party does he belong to? (a Republican)

He must be a Republican.

b) Is the name of a new President know already? (to announce)

They must have announced the name of a new President.

Bella Abzug is a very extraordinary woman. (the most picturesque figure of American politics)

Do they know for whom they'll vote? (to make their choice)

Are the debates over? (still to go on)

She was elected sheriff of New County in Nevada. (to respect and trust)

Are the documents ready? (to type)

Was a new tax law adopted? (to veto)

Model 2: Do you know where senator Perryson is? He may/ might (to make) a speech in the Congress.

He may/ might be making a speech in the Congress.

What are these people doing here? I am not sure, but they might (to protest) against tax raising.

Do you think the republicans gained a majority of delegate votes? - Well, they may (to win), but I am not sure.

What party does he support? - I know very little of his political views. He might (to be) a neutralist.

Will everybody vote for their proposal? - I don't think so. It may (to vote down).

When shall we know the results? - They may (to declare) at midnight.

Why aren't political meetings well attended nowadays? - There might (to be) a kind of distrust of political speeches and promises.

What did the rival party ask for? - I am not sure, but they may (to ask) for a recount.

Ex. 6. Express different shades of meaning using Modal Verbs:

Model 1: might, may, could (possibility):

These public officials failed to perform their duties properly.

They (to remove) from office.

They can be removed from office.

Let's demand a recount. It (to show) majority in Wilcot's favour.

He has a great number of supporters. He (to win) the election.

The orator spoke in a dull flat voice. We (not to follow) him.

Associated Justices (not to elect), they are nominated.

A veto (to override) by a two-thirds vote of the Congress.

Government policies (not to change) by new president as they wish.

Congress (to refuse) to provide funds requested by the President.

Model 2: (improbability or doubt):

I don't believe that he has won the elections.

He can't have won the elections.

Is he really making investigations all alone?

I don't believe that he resorted to sordid methods in running the elections.

Is it true that Bert Glimmer supports the Democrats? He has quite opposite political views.

I doubt that the proposal has been put to vote. I think it's still being discussed.

Is the commission still sitting? Unbelievable!

Model 3: (reproach):

Your supporters have helped you a great deal.(to thank them)

You should have thanked them.

He is just a typical TV glamour boy (to vote for him).

Robert is upset about his failure (to support him).

People don't respect you any more (to sling mud your opponents).

Our candidate has lost the election (to nominate a recognized politician).

They said they could see practically no difference between your party program and that of your rivals (to have more clear-cut program).

Ex. 7. Express the same idea using modal verbs.

Model 1: a) Are we permitted to vote? (Are there any regulations against voting?)

Can we vote?

b) Do you advise us to vote for this candidate?

Should we vote for this candidate?

c) Are we required to vote at the elections?

Must we vote at the elections?

It is necessary to register for local elections.

It is advisable to contact journalists.

It is not obligatory to be a party member to run in elections.

The committee decided to meet on Monday.

Perhaps he will change his decision.

I am not rich enough. I have no possibility to benefit the electoral campaign.

She managed to get a majority of ten in her favour.

Model 2: a) I am sure he is a party leader.

He must be a party leader.

b) I doubt that he has won the elections.

He might have won the elections.

c) It was a bad idea to join this lobby.

You shouldn't have joined this lobby.

Everybody is sure that he appealed to the U.S. Supreme Court.

I don't believe that such a minor party has won the majority of seats.

Why didn't you participate in decisions that concerned you?

Beyond doubt, he didn't do it!

Perhaps President vetoed the Act of Congress, but I don't know.

It can't be that the congress refused to provide funds for such a project!

Ex. 8. Use the proper modal verbs or their equivalents in the correct form: can(not), may, must, shall, should, ought (to), be (to), have (to), be able (to):

1. To become President in the USA one _____ be born in the USA. One _____ also be 35 years old or more. One _____ be President for a term of 4 years. One _____ be re-elected again for one more term.

2. If the President dies, or resigns, or _____ (not) to work, the Vice President becomes President. So, the qualifications for Vice President _____ be the same as for the President.

3. The U.S. government _____ give protection (asylum) to refugees if they have reason to fear death or mistreatment in their native countries. Refugees no longer _____ to proved that their lives are in danger.

4. Although the national popular vote _____ be very close, one candidate ____ receive an overwhelming majority of Electoral College votes.

5. If citizens don't vote, the system of democracy _____ (not) be truly representative.

6. The Constitution says that a Senator _____ be at least 30 years old, a citizen of the U.S. for 9 years, and a resident of the state from which he is elected.

7. Only a member of the House _____ introduce a bill to raise money, says the Constitution.

8. During a two-year term of Congress, as many as 20,000 bills ______ be introduced.

9. Some bills _____ be important, some not, but no Congressman _____ know well enough 20, 000 bills to vote intelligently on them.

10. The Senators _____ block a treaty that the President has negotiated, but they _____ (not) make a treaty or force the President to make one.

11. The President's actions _____ involve the country in a state of war, leaving Congress no alternative but to recognize the fact.

12. Through the use of the veto power the President _____ to reject legislation unless Congress by a two-thirds vote of each House overrules him.

13. The President _____ remove any Cabinet member for refusing to carry out a duty.

14. The jurisdiction of the Federal courts _____ include cases which concern the interpretation of the Constitution, of treaties between the United States and foreign countries and of all Federal laws.

15. The Constitution provides that the electors _____ meet in the respective states to ballot for the President and Vice President.

16. The date for voting by electors, according to the Constitution, _____ be the same through the United States.

17. After the Civil War the Democratic and the Republican parties _____ to deal with difficult social, economic and human rights issues.

18. In the Declaration of Independence people _____ find the key ideas about how the Americans of that generation thought free people _____ live.

19. Modern society recognizes that the individuals who are called to serve on a jury _____ not be allowed to suffer financially as a result of such public service.

20. The American economy ____ to be built, as they say, from the ground up.

21. In the beginning there were simply no farms, no houses or factories and whatever was needed _____ to be made by the settlers themselves, or it _____to be imported at great expense.

22. The rapid progress of American industry and agriculture _____ be traced to a characteristic which has often been called typically American.

23. It is surprising but America's share of the world's land that _____ be used for farming is less than 8 per cent.

24. America _____ feed not only her own people - one of the few countries that does so - but a great many other people in the world as well.

25. The small family farm _____ (not) be economical in an age of “agrobusiness”, but it still has the sympathy of most Americans.

26. In the mid-19th century the rapid growing industries _____ to employ the hundreds of thousands of immigrant workers who poured into the American cities.

27. Many workers _____ to take whatever job they found at whatever wages were offered.

28. Because many employers were in competition for employees, workers often _____ to get better wages and working conditions.

29. The view that education ____ help lessen differences in social background as well as those of ethnic or racial origin was and is widely accepted.

30. American school programs also reflect the view that education _____ help to reform society.

31. Since tuition fees alone _____ be rather high (ranging from over $ 10, 000 for an academic year at Harvard or Yale to under $ 1, 000 at small public institutions) at most colleges and universities a large number of students _____ to hold jobs besides studying.

32. The part-time jobs _____ be either “on campus” or “off campus”.

33. Students who _____ work as well as study are the rule rather than the exception in the USA.

34. Public attention to the problems of pollution has now become part of American life and even the familiar Coca-Cola cans today, by law, _____ be made so that the rings on top _____ (not) be thrown away.

35. After the Revolution George Washington wrote to his friends, “We ____ (not) exist long as a nation. We have strong governments for each state. We ____ have a government with as much power for the whole nation.”

Ex. 9. Translate into Russian paying attention to the Emphatic Constructions:

1. Whatever this evidence may appear at first glance it is of great importance for the investigation.

2. The law of a country, however much we may analyse it into separate rules, is something more than the mere sum of such rules.

3. Whoever else may object to these arguments, I shall approve.

4. He is innocent whatever people may say.

5. Hardly had the article been published when the author was accused of blackmail.

Ex. 10. Respond to the following using Emphatic Constructions according to the models.

Model 1: Your landlord may say what he likes but he has no right to get you out.

Whatever your landlord may say he has no right to get you out.

1. My reputation will be torn to shreds irrespective of the court decision.

Whatever ..........................

2. Every time legal problems arise he consults his attorney.

Whenever .........................

3. Your company will be held liable for the loss of profit irrespective of its amount.

Whatever ..........................

4. He will be cross-examined no matter who he is.

Whoever ............................

5. My husband has been absent for eight years and our marriage can be dissolved, no matter where he is now.

Wherever ..........................

6. You'll have to look through all the documents though it might take you too much time.

However much ...................

Model 2: We must do this work though it is hard.

Hard as (though) it is we must do this work.

1. These results may be erroneous but they are still valuable.

Erroneous .................

2. He said nothing to prove his alibi. It was strange.

Strange .....................

3. This offer must be turned down as unlawful though it is very profitable.

Profitable ..................

4. The disagreement could be resolved by the parties though it is very serious.

Serious ......................

5. The court was still sitting though it was late.

Late ...........................

Ex. 11. Translate into English:

1. Во многих городах и округах свои законы, определяющие, кто может и кто не может владеть оружием. 2. Штаты не могут принимать законы, идущие вразрез с конституционными правами личности. 3. Каж-дый отдельный политик должен уделять особое внимание нуждам своих избирателей. 4. Это политическое лобби, несомненно, ослабило позиции демократов. 5. “Мы способны поверить, что наше правительство глупое, слабое, неэффективное; но это, несомненно, самое лучшее правительство в мире”. 6. Журналистам следовало бы проявить больше уважения к лидерам правительства. 7. Чтобы участвовать в выборах, не нужно быть членом политической партии, можно просто объявить, что им являешься. 8. Думаю, вам придется проголосовать за наше предложение. 9. Только 53,3% из тех, кто мог проголосовать, сделали это. 10. Вам не следовало поддерживать эту политическую группировку, это было ошибкой. 11. Не может быть, что суд признал действия президента неконституционными! 12. Истец должен был доказать и доказал, что он выполнил условия контракта. 13. Кто бы вы ни были, вы должны подчиняться закону. 14. У вас может не быть возможности получить правовую помощь заранее, но если все-таки такая возможность есть, обсудите с юристом все условия контракта. 15. Какова бы ни была причина ваших действий, они являются правонарушением. 16. Как ни странно, но подозреваемый говорит правду.

ADDITIONAL READING

Text 1 Political Parties in the USA

Parties arose in part because organizations were needed to recruit, screen and nominate candidates for these elections. Since 1856 there have been two major national parties: the Democrats and the Republicans. The Founders set up a system that encourages two parties, rather than no parties. Only one person is elected from each electoral district, and that person needs a plurality (more votes than any other candidate) to win the election.

In the US, party organizations exist at virtually every level of government. These organizations are usually committees made up of a number of active party members. Winning the presidency is so important an office that it has inspired two broadly based national coalitions, one consisting of the party in the White House and the other of everybody else. The party which loses presidential elections can sustain its strength in Congress and state governments.

One of the most familiar observations about American politics is that the two major parties try to be all things to all people and are therefore indistinguishable from each other. Parties in the United States are not programmatic or ideological, as they have sometimes been in England or Europe. The national leadership of the Republican party supports increased military spending, cuts in social programs, tax relief for middle- and upper-income voters, tax incentives to business, and the “social agenda” backed by members of conservative religious denominations. The national Democratic leadership, on the other hand, supports expanded social welfare spending, cuts in military spending, increased regulation of business, and a variety of consumer and environmental programs. The Democratic party at the national level seeks to unite organized labor, the poor, members of racial minorities, and the upper-middle-class professionals of the New Politics movement. The Republicans, by contrast, appeal to business, upper and upper-income groups, and social conservatives.

American political parties exist in three principal aspects. They are: first, as an individual loyalty to a label, called the “party in the electorate”; second, as a permanent structure or machinery, the “party organization”; and, third, as public officials elected under a party label, called the “party in government”. Within each party political philosophies of citizens can be different but they unite to gain political power which they would not be able to win separately. Sometimes, a special issue produces a third party, but the two major parties often take over the issue and its supporters, and so the third party loses strength. There are several types of third parties. In national elections, independents and some third parties attract votes from people who are dissatisfied with the major parties and the government in general. Other third parties, such as the Socialist and Libertarian Parties, represent ideologies that have only small followings in the US. Others are single-issue organizations, such as the Prohibition, Women's and Right to Life Parties. The most important third parties have been those that result from splits in the major parties. The impact of third parties, however, is most evident in the adoption of their policy suggestions, such as primary elections, direct election of senators, women's suffrage, income tax, and a balanced budget by the major parties.

Individuals who call themselves Democrats, Republicans, or Independents do not pay membership dues, do not attend meetings, do not have cards, as in other countries, but vote for the candidate with whom they want to identify themselves. So, very often it is not the party platform of a candidate which determines a citizen's decision to vote or not to vote for him, but the personal qualities of a candidate (charisma) or family traditions which, as polls show, are the most important in determining party membership.

Text 2 Limits on Legislative Power

Congress's enumerated powers - those “herein granted” - are not boundless. The very act of listing the powers was intended to limit government, for by implication those powers that are not listed are prohibited. The Tenth Amendment reserves to the states or to the people all those powers neither explicitly delegated nor prohibited by the Constitution.

Eight specific limitations on Congress's powers are noted in Article I, Section 9. The most important bans are against bills of attainder, which pronounce a particular individual guilty of a crime without trial or conviction and impose a sentence, and ex post facto laws, which make an action a crime after it has been committed or otherwise alter the legal consequences of some past action. Bills of attainder and ex post facto laws are traditional tools of authoritarian regimes. Congress's enumerated powers are also limited in matters such as the slave trade, taxation, appropriations, and titles of nobility.

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