THE CONSTITUTION AND THE BILL OF RIGHTS

The Constitution was drafted by a convention in 1787, was ratified by the required two-thirds of the states by June 1788, and was put into effect in 1789, The Constitution may be amended by a two-thirds vote of each house of Congress or by a special national convention called for the purpose, subject to ratification by vote of three-fourths of the legislatures of the states or state conventions. The first ten amendments, known as the Bill of Rights, were adopted in 1791. Seventeen additional amendments were adopted between 1795 and 1992, abolishing slavery, providing for an income tax, and providing for universal suffrage for all people 18 or older, among other purposes.

The Constitution provides for a union of states, now numbering 50, each with its own constitution, republican form of government, and reserved powers, within a federal system. The national government is responsible for external affairs, and has concurrent powers with states, commonwealths, and self-governing territories over domestic matters. The chief of state is the president of the United States and the seat of government is the District of Columbia, which has limited home rule and no voting representation in the national legislature.

The Constitution establishes three separate branches of government: the legislative, executive, and judicial. Each branch has its own area of authority. These areas overlap, making it necessary for the three branches to share in, and compete for, the power to govern effectively. Each branch has some constitutional authority that it can use to impede the functioning of the other branches, creating a system of checks and balances. The purpose of this somewhat cumbersome machinery of government, as intended by the framers of the Constitution, is to prevent the concentration of power in a small group of politicians, which could lead to tyranny.

Since the adoption of the Constitution, the national government has increased its functions in economic and social matters and has shared more responsibilities with the states. The executive has eclipsed Congress as the most important branch of the national government.

The Constitution, the oldest still in force in the world, sets the basic form of government: three separate branches, each one having powers ("checks and balances") over the others. It specifies the powers and duties of each federal branch of government, with all other powers and duties belonging to the states. The Constitution has been repeatedly amended to meet the changing needs of the nation, but it is still the "supreme law of the land". All governments and governmental groups, federal, state, and local, must operate within its guidelines. The ultimate power under the Constitution is not given to the president (the executive branch), or to the Supreme Court (the judicial branch). Nor does it rest, as in many other countries, with a political group or party. It belongs to "We the People", in fact and in spirit.

The civil rights and liberties of U.S. citizens are embodied in the Bill of Rights, the first ten amendments to the Constitution. The 1st Amendment guarantees freedom of speech, press, assembly, and religious exercise as well as separation of church and state The 4th Amendment protects the privacy and security of the home and personal effects and prohibits unreasonable searches and seizures. The 5th through 8th amendments protect persons accused of crime; guarantee the right of trial by jury, the right to confront hostile witnesses and to have legal counsel, and the privilege of not testifying against oneself. The 5th Amendment also contains the general guarantee that no one shall be deprived of life, liberty, or property without due processes of law.

These amendments were binding only on the federal government, but U.S. Supreme Court decisions in the 20th century have held that the due-process clause of the 14th Amendment (ratified in 1868) extends the Bill of Rights to state action.

The great pride Americans have in their Constitution, their almost religious respect for it comes from the knowledge that these ideals, freedoms, and rights were not given to them by a small ruling class. Rather, they are seen as the natural "unalienable" rights of every American, which had been fought for and won. They cannot be taken away by any government, court, official, or law.

The federal and state governments formed under the Constitution, therefore, were designed to serve the people and to carry out their majority wishes (and not the other way around). One thing they did not want their government to do is to rule them. Americans expect their government to serve them and tend to think of politicians and governmental officials as men-servants. This attitude remains very strong among Americans today.

Over the past two centuries, the Constitution has also had considerable influence outside the United States. Several other nations have based their own forms of government on it. It is interesting to note that Lafayette, a hero of the . American Revolution, drafted the French declaration of rights when he returned to France. And the United Nations Charter also has clear echoes of what once was considered a revolutionary document.

I. Scan this chapter for answers to the following questions.

1. What does the Constitution provide for?

2. What document is the operation of the US government based on?

3. What are the three branches of the national government?

4. What specifies the powers and duties of each federal branch of government?

5. What is known as the Bill of Rights?

II. Divide this chapter into sections, determine the main idea of each section and give supporting details to each.

III. Explain the meaning of the words and word combinations in italics:

1. The Constitution was drafted by a convention in 1787 ….. and was put into effect …..

2. The Constitution provides for a union of states …….

3. The national government is responsible for external affairs and concurrent powers with states.

4. These branches overlap …..

5. …..that it can be used to impede the functioning of the other branches

6. All governments and governmental groups, federal, state, local must operate within its guidelines.

7. The civil rights and liberties of US citizens are embodied in the Bill of Rights.

8. These amendments were binding only on the federal government …..

9. The federal and state governments formed under the Constitution were designed to serve the people.

10. ……unalienable rights of every American….

IV. Fill in the gaps with articles if needed.

1. …..Constitution was drafted by ……. Convention in 1787.

2. Since the adoption of the Constitution, …. National government has increased its functions in economic and social matters.

3. The Constitution was put into ….. effect in 1789. The Constitution may be amended by ….. two-third vote.

4. The executive has eclipsed … Congress as the most important branch of … national government.

5. … civil rights and liberties of … US citizens are embodied in …. Bill of Rights.

6. … federal and state governments formed under … constitution ……….

7. … chief of state is … president of the United States and …. Seat of government is … District of Columbia.

8. … ultimate power under … Constitution is not given to … president, or to … Supreme Court.

V. Look up the following words in an English-English dictionary and write out the meanings.

Ratification (n), legislature (n), overlap (v), impede (v), unalienable (a)

VI. Find in the text the English equivalents for the expressions below:

Составить проект конституции

Ратифицировать

Принять поправки

Вводить подоходный налог

Всеобщее избирательное право

Гарантировать (обеспечивать) единство штатов

Верховная власть

Затруднять работу

Гражданские права

Вносить поправки в конституцию

Пересмотреть документ

Действовать в соответствии с соглашением

Отцы-основатели конституции

Свобода вероисповедания

Принять конституцию

Незаконный арест

Свобода собраний

Удовлетворять требования

VII. Substitute one of the words or word combinations from the text for the italicized words

1. The writers of the Constitution argued over how much power the new president should have.

2. The president is both the head of the state and the head of the executive branch of government.

3. The nation’s constitution defines the powers of national and state government.

4. All public officials of the national as well as state governments must swear to abide by the Constitution, which was created to protect the democratic interests of the nation.

5. When the Constitution was first written, many Americans feared that the government power could become concentrated in the hands of a few. Several features were created to guard against this possibility.

6. The system of checks and balances is a basic part of the structure of the American governmental system. No person or institution can have unlimited authority.

7. The Bill of Rights guarantees the rights of individuals and limits government power

8. The first eight amendments set out individual rights, such as the freedom of expression, search without warrant, the right to an attorney.

9. The 4^th amendment protects the privacy and security of the home and personal property.

10. James Madison responded with a list of individual rights and limits of government. Some of these included citizens’ rights to practice their religion freely.

VIII. Translate the following sentences into English.

1. Конституция США была принята 17 сентября 1787 года и впоследствии ратифицирована всеми тринадцатью существовавшими тогда штатами.

2. В основе Конституции США лежит принцип разделения властей между законодательной (Конгресс), исполнительной (Президент) и судебной (Верховный суд) ветвями.

3. Конституция определяет полномочия и обязанности каждой из трех ветвей власти. Все правительственные организации должны действовать в рамках конституции.

4. Правительство и правительственные группы, федеральные, штатные, местные органы должны действовать в рамках конституции США. По конституции наивысшая власть находится не у президента, не у Верховного суда, а у народа.

5. Первые 10 поправок к конституции США включают основные права каждого американца, среди них свобода слова и вероисповедания.

6. Принятие конституции было поистине революционным шагом. Согласно этому документу, народ впервые получил право определять форму правления.

7. Конституция США является старейшей действующей конституцией в мире. Она послужила основой для конституций некоторых других государств.

8. Конституция определяет полномочия законодательной, исполнительной и судебной власти, которые контролируют друг друга с помощью системы сдержек и противовесов.

9. За 200 лет, с тех пор как была приняты поправки, в них не внесли никаких изменений.

10. Конституция США узаконила всеобщее избирательное право для тех, кому уже исполнилось 18 лет.