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GET IT RIGHT: ACTUALLY AND VIRTUALLY.
a) Look at these sentences from the text: (1) Virtually almost every executive department is involved in the daily operations of the United States contemporary foreign policy. (2) But there are only three governmental agencies that are actually involved.
Both words are translated into Russian in the same way ‘фактически, реально, на самом деле’. However, the difference between the two words is very significant: Actually means being in fact, really (formally; de jure) Virtually means being in fact, but not accepted openly as such (informally; de facto)
b) Now translate the sentences in a) into Russian. 7. READING FOR DETAIL. Read the text carefully to find answers to the following questions. 1. What agencies and departments are involved in the US present-day foreign policy? 2. Which of the three departments is discussed in the text? 3. Who is in charge of the Department? 4. What are his/ her duties and powers? Who heads the Department currently? 5. How does the President perform his role of the Chief Diplomat? 6. What is the title of the highest-ranking United States emissary abroad? 7. What is the difference between 1) an ambassador and a minister 2) an ambassador and a consul? 8. What are the prerogatives of an ambassador? 9. What does diplomatic immunity mean? 10. Why is diplomatic immunity granted to the ambassador and his staff?
SPEAKING. 8.1 Define the following: contemporary/ intelligence/ emissary/ envoy/ ambassador/ minister/ consul/ embassy/ legation/ violence/ diplomatic immunity/ loyalty
8.2 Without looking at the text complete the following sentences. The Department of State deals with … It represents American interests abroad through … The Department of State is headed by … The Secretary of State has the duty of … The President is the Chief … The Constitution authorizes him to … The diplomatic missions in foreign countries are headed by … An ambassador is the highest-ranking … He is the personal representative of … He has the right to audience with … A minister is an … A minister deals through … Ambassadors and other envoys are granted … Diplomatic immunity is exemption from … The prerogatives of an ambassador are: … Diplomatic immunity is recognition of the fact that … 8.3 Take turns to describe the following: − agencies involved in the daily operations of the United States contemporary foreign policy − political role of the State Secretary − the role of the President as the Chief Diplomat − diplomatic and consular personnel in the United States − diplomatic immunity
9. DEVELOPMENT. Translate the following extracts into Russian in writing. Use a dictionary. a )One of the necessary ingredients of national security and effective foreign policy is an accurate, effective intelligence agency. The CIA is the central agency among the many involved in intelligence, and its director heads the entire intelligence community. The agency has four sections: Intelligence which is involved in the collection and sifting of foreign intelligence whose overseas operations are usually attached to the embassy in each country; Science and Technology, which is involved in the collection of data from spy satellites, and a variety of equipment monitoring the sensitive areas of the world; Support which is involved in communications; and Plans, which is the section involved in a variety of secret activities throughout the world. In addition there are intelligence activities conducted by the Bureau of Intelligence and Research of the Department of State, the Federal Bureau of Investigation of the Justice Department, the Atomic Energy Commission, and the Treasury Department. b ) The most striking feature of the American military is its nonmilitary base. At the head of the military is a civilian, the President, who is responsible to the people of America. Article II, Section 2, of the Constitution states: “The President shall be Commander-in-Chief of the Army and Navy of the United states, and the Militia of the several States, when called into the actual service of the United States.” Even though the military has grown in power throughout the years, this concept has not changed and America is not threatened by military dictatorship. 10. PRESENTATION. Describe the activities of the State Department. TEXT 3. DEPARTMENT OF JUSTICE BEFORE READING. 1.1 Study the words relating to legal profession in the US and GB in the table below. People in Legal Profession
1.2 To check that you understand the words in 1.1, complete the following sentences with the words from the table. 1. If a person in Britain has a legal problem, (s)he will go and see a … In the United States, (s)he will go and see an …. 2. The … is the chief law enforcement officer in the United States. 3. … or … who judge cases in the lower courts usually have no formal legal qualifications, but they are respectable people who are given some training. 4. If a person dies in unusual circumstances, an investigation is held at a special court, and the “judge” is called a …. 5. The lawyer who speaks for the accused in court is referred to as the Counsel for the …, while the lawyer who speaks against him is called the Counsel for the …. 6. The US Supreme Court consists of nine …. 7. ‘…’ is a general term for a member of the legal profession. 8. The … takes over his superior’s duties when the latter is away. 9. There is a US district … in each federal judicial district. 10. The lawyer who prepares the case for his or her client prior to appearing in court is called a …. The lawyer who actually presents the case in court is called a …. 2. FIRST READING. Skim the text and give each paragraph a suitable heading. Example: paragraph 2: Political Influence Law enforcement in the American federal system is exercised primarily by state and local governments. Federal law-enforcing agencies are concerned only with federal crimes. The Attorney General of the United States, along with the Department of Justice which he heads, is responsible for the enforcement of federal laws. He represents the United States in legal matters generally, and gives advice and opinions when requested by the President or by the heads of the executive departments. While the President has a special counsel on legal matters, the White House also calls on the Attorney General for legal advice on bills passed in Congress and sent to the chief executive for his signature. The President also calls on the Attorney General for legal opinions concerning the exercise of special emergency powers, particularly in time of war. The Attorney General has a wide discretion about what laws to enforce and about what actions he will regard as violations of law. His decision, however, will not be made without reference to the policies of the President; and those, in turn, are strongly influenced by politics. With all the political forces that influence the interpretation of the Constitution and the laws, from the choices of the Attorney General to the personalities of the Supreme Court Justices, the law, in fact, is less certain today than it was thought to be in 1787. The Solicitor General is the second ranking officer of the Department of Justice assuming the duties of the Attorney General in his absence. He represents the Government in cases before the Supreme Court, and at the request of the Attorney General, in cases affecting the United States elsewhere. The Department of Justice is represented in each judicial district by 95 United States District Attorneys. The Attorney serves as government counsel and as prosecutor in criminal trials. He is responsible for federal law enforcement in the area to which he is assigned. The prosecutor exercises discretion over which cases are taken to court and tends to try cases in which there is a good chance of a conviction. Yet, the primary duty of prosecutors is to see that justice is done. The 95 United States attorneys are appointed by the President with the consent of the Senate and serve at the pleasure of the President and can be dismissed by him. The main unit of the Justice Department is the Federal Bureau of Investigation (FBI). The Bureau is in effect an intelligence agency for the Justice Department, gathering information on criminal matters which come within the jurisdiction of the Department. Functions of the FBI include the investigation of espionage, sabotage, the loyalty of Government employees and other matters concerning the internal security of the United States. The FBI deals with kidnapping, bank robbery, and many other violationsof federal law. All such violations are prosecuted in Federal courts by the Department of Justice or by the local United States attorneys under its supervision.
3. READING FOR SPECIFIC INFORMATION. Scan the text to find the words which relate to legal profession.
4.WORD STUDY. 4.1 Use the context of the text or your own ideas to help you decide what the following words and word combinations probably mean:
4.2 Find a word or a phrase in the text that has a similar meaning.
4.3 Match the definitions on the left to the crimes on the right
4.4 Find in the text the English for: правоохранительные органы; специальный советник по правовым вопросам; исполнение чрезвычайных полномочий; имеет широкие полномочия; второе по рангу должностное лицо; берет на себя обязанности; дела, рассматриваемые в Верховном суде; дела, затрагивающие кого-либо/ что-либо; судебный округ; выполняет функции государственного советника и обвинителя в уголовных судебных процессах; рассматривать дела в судебном порядке; вероятность вынесения обвинительного приговора; следить за тем, чтобы вершилось правосудие; подпадают под юрисдикцию; расследование; дела, касающиеся внутренней безопасности; благонадежность (преданность) государственных служащих; обвиняются в федеральных судах; под чьим-либо надзором; 4.5 Fill in the correct preposition, if any, from the list below. at, in, with, under, for, of, within, on, over, by, to; before; are concerned only … federal crimes; is responsible … the enforcement … federal laws; he represents the United States … legal matters generally; the White House calls … the Attorney General … legal advice … bills passed … Congress and sent … the chief executive … his signature; forces that influence … the interpretation of the Constitution and the laws; he represents the Government … cases … the Supreme Court; … the request of the Attorney General; the area … which he is assigned; they serve … the pleasure … the President; … effect; matters which come … the jurisdiction … the Department; the FBI deals … kidnapping, bank robbery, and many other violations… federal law; such violations are prosecuted … Federal courts … the Department … Justice; … its supervision; 4.6 Fill in the synonymous expressions from the list. to take over sb’s duties; to fall under the jurisdiction; as sb wishes; oversight; verdict of guilty; adviser; to appoint; to fire (coll.); legal issues;
4.7 Who is the boss? From the column on the right, chose the name of the person who is the head of each body, organization etc. on the left. One word is used twice. Example: The Speaker is the head of the House of Representatives.
5. READING FOR DETAIL. Use information from the text to answer the following questions. 1. Who is responsible for the enforcement of federal laws? 2. What are the functions of the Attorney General? 3. In what cases does the President call on the Attorney General? 4. Why is the law less certain today than it was thought to be in 1787? 5. What is the second ranking officer of the Department of Justice and what are his duties? 6. Who represents the Department in each judicial district? 7. What are the duties of the District Attorney? 8. What is the main unit of the Department of Justice? 9. What violations come within the jurisdiction of the FBI? 6. SPEAKING.
6.1 Complete the following sentences. The Department of Justice is one of the … It is headed by … The Attorney General represents the United States in … He gives legal advice to … The President calls on the Attorney General for legal advice on … The second-ranking officer in the Department of Justice is the … He takes over the duties of … The Solicitor General represents the Government in … The Department of Justice is represented in each judicial district by … The District Attorney is responsible for … The prosecutor tends to try cases in which … The 95 United States attorneys are appointed by … The main unit of the Justice Department is … Functions of the FBI include … The FBI deals with …
6.2 Take turns to describe the following points: − federal law enforcement in the United States; − the duties of the Solicitor General − the US District Attorneys − the FBI
7. DEVELOPMENT. Translate the following extract into Russian in writing. Use a dictionary. The FBI The Federal Bureau of Investigation is the largest investigative department of the United States federal government, and is concerned with crimes in more than one state. (The Central Intelligence Agency, on the other hand, is the department of the US government that collects information about other countries.) Generally speaking, the FBI is responsible for conducting investigations where a federal interest is concerned. The Federal Bureau of Investigation is a part of the Department of Justice, responsible and subordinate to the Attorney General of the United States. The Bureau, headquartered in Washington, has field offices in large cities throughout the United States. The head of the FBI, whose title is director, was appointed by the Attorney General until 1968; thereafter, by law, he became subject to appointment by the President of the United States with the advice and consent of the Senate. The Bureau has a large staff of employees, including between 6, 000 and 7, 000 special agents who perform the investigative work. These special agents, the majority of whom have 10 years or more of service with the FBI, are usually required to have either a legal or an accounting education. 8. PRESENTATION. Describe the activities of the Department of Justice. TEXT 4. IMPEACHMENT 1. BEFORE YOU READ. Think about the subject of the text in general. 1. What is impeachment? 2. What is the purpose of impeachment proceedings? 3. Which of these public officers can be impeached (the President, the Vice-President, governors, congressmen, judges)? Why? 4. Where do impeachment proceedings take place (courts, the White House, Congress)? 5. Is impeachment a removal from office?
2.FIRST READING. Skim the text. Congress is not only a representative and legislative body. The power to see that the laws are properly executed and adjudicated is another important power possessed by Congress within the system of checks and balances. There are a number of tools to accomplish this oversight function. These powers include (1) advice and consent, (2) appropriations, (3) congressional access to information from administrative officers, and (4) impeachment. Impeachment is the constitutional authority of the House of Representatives to impeach (bring charges against) “all civil officers of the United States” who cannot be dismissed for official misconduct such as “treason, bribery, or other high crimes and misdemeanors”, whereupon they are to be tried before the Senate. The House of Representatives has the sole power of impeachment. The impeachment charge is brought by a majority vote of the State or Federal House of Representatives. Once the House has voted an impeachment, it then selects members to present the case before the Senate ( managers ). The Senate has the sole power to try all impeachments. The Constitution requires that the Chief Justice of the United States shall preside at impeachment proceedings against the President of the United States; in all other cases, the Presiding Officer of the Senate, whether the Vice-President or a President pro tempore, presides. A vote of two-thirds of the senators present is required for conviction (verdict of guilty). The penalty is removal from office. Disqualification from holding “any office of honor, trust or profit under the United States” may follow and requires only a majority vote. Contrary to popular conception, impeachment is not a removal from office. Impeachment is an accusation of treason, bribery, or other high crimes and misdemeanors, and is followed by a trial. The President, Vice-President and all civil officers of the United States may be impeached, but cannot be removed from office unless convicted. Some 50 impeachments have been started in the House over the last two centuries, although only 14 have reached the Senate. Attempts were made to impeach President Tyler in 1843, Vice-President Colfax in 1873 and President Hoover – on charges of usurping legislative powers. All were defeated in the House. In fact there have been only four convictions, and these were all of federal judges. (Federal judges are appointed for life, subject to good behavior, and can be removed only by impeachment proceedings.) Of the impeachments that reached the Senate only three involved Presidents. They were Andrew Johnson (1868), Richard Nixon (1974), and Bill Clinton (1998). However, President Nixon resigned before a trial could take place. The two others were acquitted. Impeachment is the ‘heavy artillery’ of legislative oversight; indeed, it is so heavy that it is very rarely used. Only the most serious situation would activate Congress to use this ‘big gun’. 3. SCANNING READING. Scan the text to find the following information: 1.Three functions of Congress mentioned in the text. 2. The powers of Congress within its oversight function. 3. Crimes mentioned in the text. 4. Three names of the US Presidents who were impeached. 4. READING FOR GENERAL UNDERSTANDING. Choose the correct alternative to complete the sentences below. 1. Impeachment is … a) removal from office b) disqualification from service c) accusation of high crimes and misdemeanors 2. The impeachment charge is brought by a … a) two-thirds vote of the Senate b) majority vote of the House of Representatives c) majority vote of both chambers 3. Managers who will present the case before the Senate are … a) attorneys b) members of the Senate c) members of the House of Representatives 4. The sole power to try all impeachments belongs to the … a) Supreme Court b) House of Representatives c) Senate 5. Under the Constitution … presides at impeachment proceedings against the President. a) a President pro tempore b) the Vice-President c) the Chief Justice 6. … is a verdict of guilty. a) accusation b) conviction c) prosecution 7. The penalty in cases of Impeachment is … a) life imprisonment b) disqualification from service c) removal from office
WORD STUDY. 5.1 Match the words on the left to their descriptions on the right.
5.2 Match the Russian and English equivalents.
5.3 Complete the table below with the missing verb or noun forms from the text.
5.4 Match the parts as they occur in the text.
5.5 Fill in the correct preposition from the list where necessary. from; to; before; of; for; against; before; bring charges … sb; to be tried … the Senate; sole power … impeachment; impeachment proceedings … the President; verdict … guilty; removal … office; contrary … popular conception; accusation … treason, bribery, or other high crimes and misdemeanors; are appointed … life; subject … good behavior;
LANGUAGE STUDY: CONNECTORS a) Study the following information: Connectors are words like and, but, because, so which are used to join, or connect different facts and ideas in a text. A connector indicates the relationship between one part of the text and the next. If you understand the function of a connector, you can use it to help you follow the development of facts and ideas in a text better. In the formal language typical of the law you will find many connectors which are not common in everyday language.
b) Look at these sentences from the text containing words in bold. They are connectors. Complete the table below showing the meaning and use of each one. 1. Impeachment is the constitutional authority of the House of Representatives to impeach “all civil officers of the United States”, whereupon they are to be tried before the Senate. 2. Once the House has voted an impeachment … 4. Contrary to popular conception … 5. The President, Vice-President and all civil officers of the United States may be impeached but cannot be removed from office unless convicted. 6. Some 50 impeachments have been started in the House over the last two centuries, although only 14 have reached the Senate. 7. In fact there have been only four convictions … 8. Federal judges are appointed for life, subject to good behavior. 9. Of the impeachments that reached the Senate only three involved Presidents. However, President Nixon resigned before a trial … 10. Impeachment is the ‘heavy artillery’ of legislative oversight; indeed, it is so heavy that ….
c) Which connectors have similar functions?
d) Choose the right connector to complete the following sentences. 1. Although/however Congressional elections are held every two years, only one-third of the Senate is reelected at two-year intervals. 2. Each member of Congress is required to be present when Congress is in session once/unless he is excused to perform official business elsewhere or because of illness. 3. Subject to/contrary to what you may think, the Vice-President tends to be the forgotten man of American politics, because of his lack of power. 4. The Attorney General has a wide discretion about what laws to enforce. His decision, although/however, will not be made without reference to the policies of the President. 5. The President may promptly sign a bill, once/whereupon it becomes a law. 6. The President may veto the bill. In this case it may be voted again by Congress and subject to/once approved by two-thirds in both Houses it becomes law despite the President’s veto. 7. In fact/indeed the FBI is an intelligence agency for the Department of Justice investigating espionage, sabotage, and other cases concerning the internal security of the United States. 8. While there is no such thing as a ‘typical’ Congressman, what stands out in fact/indeed is that by training and occupation a majority of US Senators and Representatives are lawyers. 9. A bill may become law unless/subject to the President’s approval.
7. READING FOR DETAIL. Use information from the text to answer the following questions. 1. What branch of the US Government possesses the power of impeachment? 2. What is impeachment? 3. What public officers can be impeached? 4. What House brings the impeachment charge? 5. What vote is necessary for impeachment? 6. What House has the sole power to try all impeachments? 7. What is the function of managers? 8. Who presides at impeachment proceedings? 9. What vote is required for conviction? 10. What is the penalty? 11. What does disqualification mean? 12. How many impeachments have been started in the House over the last two centuries? 13. How many impeachments have reached the Senate? 14. How many convictions have there been? 15. How many Presidents have been impeached (tried, convicted)? SPEAKING. 8.1 Define the following: impeachment/ treason/ bribery/ conviction/ acquittal/ disqualification 8.2 Without looking at the text complete the following sentences. Impeachment is the constitutional authority of … to bring charges against … who … for …. The House of Representatives has the sole power of … The impeachment charge is brought by … Managers are members of the House of Representatives who… The Senate has the sole power to … Under the Constitution the Chief Justice of the United States shall preside at impeachment proceedings against … In all other cases, … presides. A vote of two-thirds of the senators present is required for … The penalty is … Disqualification may follow and requires only a … Impeachment is not a … The President, Vice-President and all civil officers of the United States may be …, but cannot be removed from … unless … 8.3 Take turns to describe the following: – impeachment proceedings in the House of Representatives – trial in the Senate 9. DEVELOPMENT. Read the following impeachment case. Andrew Johnson’s Case Andrew Johnson succeeded after the assassination of Lincoln. Johnson was a Southern Democrat who fought against secession. The Northern Republicans, who controlled Congress, wanted to treat the defeated states as a conquered and occupied territory, wanted to keep the South disenfranchised. President Johnson, following Lincoln’s policy, wanted to bring the Southern states back into the Union. The House started impeachment proceedings against him three times. Twice the attempts to impeach him were turned down by the House. But then Johnson gave them their opportunity by dismissing the Secretary of War, who sympathized with the Northern Radicals. This was a violation of the Tenure of Office Act. (According to that act he could remove no one in the Cabinet who had been appointed by Lincoln, without the approval of the Senate.) On March 5, 1868 his case went on trial before the Senate. That was a notably political trial. There were eleven charges against him, but it all came down to the three articles accusing Johnson of breaking the law by defying the Tenure of Office Act. It was an eleven-and-a-half-week trial, the House’s seven managers pitted against the President’s five attorneys. Three votes were taken. Each time the Radicals came within one vote of securing the two-thirds needed for a vote of guilty, and Johnson was acquitted. (All but one of the votes for conviction came from Republicans, while only five Republicans voted with the Democrats for acquittal.) a) Choose the correct alternative to complete the sentences below. 1. Andrew Johnson … a) was elected by the people b) became President after Lincoln’s death 2. Although Johnson was a Southern Democrat, the Northern Republicans were in the … in Congress. a) majority b) minority 3. The attempts of the House of Representatives to impeach President Johnson failed … times. a) three b) two 4. Johnson dismissed the Secretary of War because … a) Johnson did not sympathize with him b) the Secretary sympathized with the Republicans 5. Johnson was charged with a violation of the … a) Constitution b) Tenure of Office Act 6. Johnson was found … a) guilty b) not guilty
b) Translate Andrew Johnson’s case into Russian in writing. Use a dictionary. 10. PRESENTATION. Speak on the impeachment proceedings in the American Congress. *********************************** AMERICAN HUMOUR A western politician running for the governor was much incensed at certain remarks which have been made about him in a leading paper. He burst into the editorial room like a dynamite bomb, and exclaimed, “You are telling lies about me in your paper, and you know it! ” “You have no cause for complaint, ” said the editor coolly. “What in the world would you do if we told the truth about you? ” The village storekeeper had recently been elected mayor and the traveling salesman was congratulating him, “I suppose your victory was due to the fact that you’ve always dealt fairly with your customers? ” he observed. “Could be that, ” admitted the mayor, “but I think it was more because I was the only one a-running.” “Too bad you were defeated, ” a friend consoled the loosing candidate after the election. “Oh, I think may be it’s a good thing, ” declared the looser philosophically. “That’s the way to take it! ” approved the friend warmly. “Yes, ’ agreed the other. “According to one of my old aunts who keeps track of these things, I have almost five hundred living relatives, and I couldn’t possibly have given more than half of them jobs.” The political candidate was being interviewed. “And what will you do if you are elected? ” he was asked. The politician’s mind had been wandering a bit, and the question startled him into sudden honesty. “Good gracious! ” he exclaimed, “What in the world will I do if I am not? ” “And how do you account for your recent defeat at the polls? ” was asked the loosing candidate for the presidency. “I was a victim.” “A victim of what? ” “Of accurate counting.”
UNIT VI
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