The Court System of the USA

The American court system is complex. The following federal structure is established in the United States: the Supreme Court, Courts of Appeals and 95 district courts. The Congress has the authority to create and abolish federal courts, as well as to determine the number of judges in the federal judicial system, and no two are identical. In addition there is a system of courts for the national government. Individuals fall under the jurisdiction of two different court systems: the state courts and the federal courts. They can sue or be sued in either system, depending mostly on what their case is about. The vast majority of cases are resolved in the state courts.

All the courts are independent. The federal judges are appointed for life by the President, in practice, until they die, retire or resign. They can be removed from office only for misconduct and after trial in the Congress.

The federal courts are organized in three tiers, like a pyramid. At the bottom of the pyramid are the US courts of appeals. At the top is the US Supreme Court.

The Supreme Court of the United States meets in the Supreme Court Building in Washington, D.C. The figure over the entrance represents the national ideas of law and liberty. Above the main entrance are the words: “Equal Justice Under Law”. The Court consists of a Chief Justice and eight associate Justices. One of the most important duties of the Supreme Court Justices is to decide whether laws passed by the Congress agree with the Constitution. Decisions of the Court are taken by a simple majority.

To appeal means to take a case to a higher court. The courts of appeals and the Supreme Court are appellate courts, with few exceptions, they review cases that have been decided in lower courts.

Answer the questions:

1. Who is responsible for making laws in the USA?

2. Name American courts you know.

3. In what way are the American courts organized?

4. Where does litigation begin?

5. What is one of the important duties of the Supreme Court?

 

The American Constitution

A constitution is the system of fundamental principles according to which a nation or state is 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 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. The delegates created a new form of government for the United States. The Constitution set up a federal system with a strong central government.

The United States become federated because, after the War of Independence, the 13 states were too weak individually to carry on the work of government. They joined together as equals, gave certain powers to the federal government, reserving to itself certain powers (education, taxes and finance, internal communications, etc.). The powers which are usually given to a Federal Government are those dealing with national defence, foreign policy, the control of international trade, etc.

Under the Constitution power was further divided among the tree 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 the 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 illegal if they are in conflict with the Constitution.

The Constitution provided the election of a national leader, or president. In 1789 George Washington was elected the first President of the United States.

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 Constitution itself has not been changes.

But when the Constitution was first proposed and adopted, there was widespread dissatisfaction of the American people, because 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 the strong popular pressure, the Congress was forced to adopt the first 10 amendments to the Constitution dealing with civil liberties. They were called the “Bill of Rights”. From these amendments the Americans receive guarantees of such basic rights as freedom of speech, the press a 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, property, without due process of law”, and that no person shall compelled in any criminal case to be a witness against himself.

Slavery was abolished many years later, by the thirteen amendment (1865), and universal suffrage was guaranteed by the fifteenth amendment (1870).

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 is not and cannot be, a member of Congress (the legislative branch). Any member og Congress who wishes to become President.

Answer the questions:

1. What is a Constitution?

2. Describe a body, which adopted the Constitution.

3. How does the American Constitution separate the power of the government?

4. Why does it do it?

5. What for was the so-called system of the checks established?

 

THE BRITISH POLICE

The British police officer – is a well-known figure to anyone who has visited Britain. Policemen are to be seen in towns and cities keeping law and order, either walking in the streets or driving in cars.

In 1829 it was decided to adopt a new system of enforcing the law in England. The statesman who carried out the reform was Sir Robert Peel, and at first the policemen were called Peelers, but that name quickly died out. Even today, however, people still refer to the London policemen as Robert or Bobby, from Peeler’s first name. It is a much more friendly way of referring to a policeman than the French term flic or the American cop.

Britain has no national police force, although police policy is governed by the central Government’s Home Office. Instead there is a separate police force for each of 52 areas into which the country is divided. Each has a police authority – a committee of local county councilors and magistrates.

The forces co-operate with each other, but it is unusual for members of one force to operate in another’s area unless they are asked to give assistance. This sometimes happens when there has been a very serious crime. A Chief Constable (the most senior police officer of a force) may sometimes ask for the assistance of London’s police force, based at new Scotland Yard – known simply as “the Yard”.

In most countries the police carry guns. The British police generally do not carry firearms, except in Northern Ireland. Only a few police are regularly armed – for instance those who guard politicians and diplomats or who patrol airports. In certain circumstances specially trained police officers can be armed, but only with the signed permission of a magistrate.

All members of the police must have gain a certain level of academic qualifications at school and undergone a period of intensive training. Like the army, there are a number of ranks: the Chief Constable (the most senior police officer of a force), the Assistant Chief Constable, Chief Superintendent, Chief Inspector, Sergeant and Constable.

Each police force has its own Criminal Investigation Department (C.I.D.). Members of CIDs are detectives, and they do not wear uniforms.

The chief centre of a country is sometimes called the metropolis; and London has named its police force the Metropolitan Police. As one of the greatest cities in the world, it has a very large and carefully planned police system. It is built up so that each policeman knows as much as possible about a few streets and something about the district around those streets. The streets that a policeman patrols are called his beat. Each district has its own police station, to which the policemen in the district report when they begin their duty. London policemen are tall, for no man is admitted to the Metropolitan Police if he is under five feet eight inches in height; most of them are taller. The man who wants to enter the police must satisfy other requirements. He must be of good character, a man who can be depended upon a position of trust. Because policemen must be absolutely reliable and exercise their functions faithfully and well, the greatest attention is paid to the character of every candidate before he is appointed to the police force of the country. So stringent are the requirements that only one in every thirty men who apply for jobs in the police is selected.

Answer the questions:

1. Why do the people refer to the London policemen as “bobby”?

2. Is there one police force, organized by central Government?

3. Why do the British police do not carry firearms?

4. In what situations can the police carry arms?

5. What are the ranks of the policemen?

6. What requirements must the policemen satisfy?