Выразите согласие или несогласие с данными утверждениями

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1. Many written constitutions fail to avoid a concentration of power.

2. The vacuum is filled by the legal doctrine of the legislative supremacy

of Parliament.

3. The absence of a written constitution doesn't affect the sources of
constitutional law.

Ответьте на вопросы.

1. Which forms may the legal structure assume?

2. What is important to avoid for countries with written constitutions?

3. What is the vacuum of written constitution filled by?

4. Which disadvantages of not having a written constitution can you
point out?

5. How does the absence of a written constitution affect constitutional
law and its sources?

The USA

Text 4

THE CONSTITUTION AS SUPREME LAW

The U.S. Constitution calls itself the "supreme law of the land." This clause is taken to mean that when state constitutions or laws passed by state legislatures or the national Congress are found to conflict with the federal Constitution, they have no force.

Final authority is vested in the American people, who can change the fundamental law, if they wish, by amending the Constitution. The people do not exercise their authority directly, however. They delegate the day-to-day business of government to public officials, both elected and appointed.

The power of public officials is limited. Their public actions must conform to the Constitution and to the laws made in accord with the Constitution. Elected officials must stand for re-election at periodic intervals. Appointed officials serve at the pleasure of the person or authority who appointed them, and may be removed when their performance is unsatisfactory. The exception to this practice is the lifetime appointment by the president of justices of the Supreme Court and other federal judges, so that they may be free of political obligations or influence.

Most commonly, the American people express their will through the ballot box. The Constitution, however, does make provision for the removal of a public official from office, in cases of extreme misconduct, by the process of impeachment. Article II. Section 4 reads:

The President, Vice President, and all civil officers of the United States, shall be removed from office on impeachment for, and conviction of, treason, bribery, or other high crimes and misdemeanors.

Impeachment is a charge of misconduct brought against a government official by a legislative body: it does not, as is commonly thought, refer to conviction on such charges. The House of Representatives must bring charges of misconduct by voting abill of impeachment. The accused official is then tried in the Senate, with the chief justice of the Supreme Court presiding at the trial.

Impeachment has been used on only rare occasions in the Unites States. The House of Representatives has voted articles of impeachment just 17 times in the history of the country. Thirteen of the 17 persons who have been impeached were federal judges, as were all seven individuals convicted by the Senate.

Notes

laws passed by state legislatures — законы, принятые легистрату-рой штата (законодательными органами) final authority — окончательное судебное решение

be vested - переходить (передаваться) во владение

amend the Constitution — вносить поправки в конституцию

exercise one's authority directly — прямо (непосредственно)

осуществлять власть

conform to the constitution — соответствовать конституции

stand for re-election - выступать за переизбрание

be removed — быть смещенным

free of political obligations or influence — свободные от политических обязательств или влияния

make provision for the removal of a public official - создать условия

для смещения официального лица

in cases of extreme misconduct — в случаях серьезного нарушения служебных обязанностей

misdemeanor - мисдиминор (категория наименее опасных преступлений)