I. THE CONSTITUTION

“We, the People of the United States, in order to form a more perfect union, establish justice, insure domestic tranquility, provide for the common defense, promote the general welfare, and secure the blessings of liberty to ourselves and our posterity, do ordain and establish this Constitution for the United States of America.”

A Constitution is regarded as the system or body of fundamental principles according to which a nation or state is constituted or governed. A good example of a written constitution in this sense is the Constitution of the United States, formed in 1787. It is a relatively brief document of some 12 pages. The Constitution of the United States is the source of government authority and the fundamental law of the land. For over 200 years it has guided the evolution of governmental institutions and has provided the basis for political stability, individual freedom, economic growth and social progress.

The Constitutional Convention which was to adopt a new constitution, officially opened on May 25 1787, in Philadelphia. The 55 delegates who drafted the Constitution included most of the outstanding leaders, or Founding Fathers, of the new nation. George Washington, the military hero of the War of Independence, was the presiding officer. In the course of the Convention the delegates created a new form of government for the United States. The Constitution set up a federal system with a strong central government. A federal system is one in which power is shared between a central authority and its constituent parts (states), with some rights reserved to each.

The United States became federated (a Federal State) because, after the War of Independence, the 13 states then in existence were too weak individually to carry on the work of government. They joined together as equals for the common convenience. Though they gave certain powers to the Federal Government, each state preserved its own independence by reserving to itself certain well-defined powers (education, taxes and finance, internal communications, etc.). The powers which are usually given to a Federal Government are those dealing with national defense, foreign policy, the control of international trade, etc.

Under the Constitution power was further divided among the three branches of the national government: legislative (the Congress), executive (the President) and judicial (the Supreme Court). Each was given its own authority.

These three powers established a so-called system of checks and balances. This system gives each branch the means to restrain the other two. For example, the President has the power to veto acts passed by Congress, but the Congress may override the veto by a two-thirds majority. But the Supreme Court has the power to declare Acts of Congress (or of any State legislature) or the actions of a President to be illegal (or unconstitutional) if they are in conflict with the Constitution.

The Constitution provided the election of a national leader, or president. In 1789 George Washington was unanimously elected the first President of the United States. It provided also that federal laws would be made only by a Congress consisting of representatives elected by the people. The Constitution set up a national court system headed by a Supreme Court. This fundamental document provided the most clear example of a practical separation of the three principal branches of power.

When the Constitution was written in 1787, there were only 13 states. The drafters of the Constitution saw that the future might bring a need for changes, that is why they provided a method of adding amendments. Over the past 200 years 26 amendments have been adopted, but the basic document, the Constitution itself, has not been changed. The pattern of government planned so long ago for 13 states, today meets the needs of 50 states and 60 times as many people.

But when the Constitution was first proposed and adopted, there was widespread dissatisfaction of the American people, because it did not contain guarantees of certain basic freedoms and individual rights. It also recognized slavery and did not establish universal suffrage.

Only several years later, in 1791, under strong popular pressure, the Congress was forced to adopt the first 10 amendments to the Constitution dealing with civil liberties. They were called collectively the “Bill of Rights”. From these amendments the Americans received guarantees of such basic rights as freedom of speech, the press and religion, the right of peaceful assembly, freedom from unreasonable search, arrest and seizure. The Bill of Rights also deals with the system of justice: it requires that “no one shall be deprived of life, liberty, or property, without due process of law”, and that “no person shall be compelled in any criminal case to be a witness against himself”. Meanwhile, slavery was abolished many years later, by the 13^th amendment (1865, and universal suffrage was guaranteed by the 15^th amendment (1870).

Since the Bill of Rights was adopted 16 other amendments have been added to the Constitution. But the political system created by the Constitution and the Bill of Rights is basically the same today as it was in 1790. Adopted in 1787, the Constitution was finally ratified and came into force on March 4, 1789.

Under the constitution, no member of one branch of government may be a member of either of the two others. The President of the United States is not and cannot be, a member of Congress (the legislative branch). Any member of Congress who wishes to become President of the United States must resign from that body before accepting the Presidency (Gerald Ford resigned from Congress in 1975 on becoming President). At the same time the President may or may not be, a member of the political party with a majority in Congress. No member of the Government (the executive branch) with the exception of the Vice-President (who presides over the Senate) may also be a member of Congress.

The Congress is empowered by the Constitution to remove government officials, including the President, from office, only by an impeachment process. Impeachment is a charge of misconduct brought against a government official or President by a legislative body.

Though many people contributed to writing the Constitution, three men played the leading roles, George Washington, James Madison and Alexander Hamilton. Washington's participation was the most important. His popularity as the commander-in-chief of the Continental Army, as the general who led the fight for independence, was great, and his character inspired confidence. Madison and Hamilton manifested much of the energy and practical political imagination needed for constitutional reform. The truly decisive intellectual work was done by Madison. His influence and arguments were everywhere: in the Convention debates, in the compromises, in the very language of the Constitution. Thus, James Madison, the fourth American President, who formulated the basic provisions of the Constitution, is regarded as the father of the Constitution.

Each state has its own Constitution. The State Constitutions have a similar structure with the Constitution of the United States. As a rule they include the preamble, the Bill of Rights, as well as provisions dealing with local interests: the division of powers, suffrage and elections, taxes and finance, education, etc.

NOTES

Convention -A general conference devoted to a special object; Constitutional Convention – Конституционный конвент (съезд), который принял Конституцию США в Филадельфии в 1787 г.

Draft, v. – to compose and write something such as a legal document, speech, or letter that may have changes made to it before it is finished.

Convenience – That which is convenient (suitable, fit); common convenience – общее благополучие.

Separation of powers – a division of governmental powers (разделение властей федерального правительства).

System of Checks and Balances – one of the basic principles of government in the US, a mechanism to control the abuse of power of government by each branch over the other two, creating a balance of power. Система сдержек и противовесов.

Bill of Rights – the first ten amendments (changes) to the US Constitution that give Americans basic civil rights which were unusual at the time of the adoption of the Constitution.

Restrain, v. – to keep under control (сдерживать, обуздывать, ограничивать власть).

Override, v. – to overrule, set aside, cancel (преодолеть, зд. президентское вето).

Universal suffrage – a right to vote for all (всеобщее избирательное право).

Compel, v. – to force to do something (понуждать).

Preamble – the introductory part of the Constitution (преамбула).

Amendment – a change made to a law, constitution or agreement (зд. поправка к Конституции).

Congress – the highest legislative body of the country (Конгресс – высший законодательный орган США).

Presidency – the highest executive body in the country (форма президентского правления, президентская власть, президент и его аппарат).

Supreme Court – the highest judicial body in the country (Верховный суд США).

Impeachment – accusation of a public officer for a serious crime in order to remove him from his office (импичмент, публичное обвинение высших государственных служащих с целью отстранения их от занимаемой должности).