Text 8 C

Notes

The System of Checks and Balances

Read the text and answer the following questions

Text 8 B

1. What is the system of checks and balances?

2. How is the system of checks and balances exercised?

3. What are the two ideas that underlie the separation of powers?

4. What does the system of checks and balances protect against?

The President is not the only person with power. In the Constitution there is a system of checks and balances. The Congress, the Supreme Court and the President all have power. Each of them limits, or balances, the power of others.

The US Constitution gave the federal government only limited powers stated in Constitution. All other powers belong to the individual states. The American Constitution establishes three branches for the federal government: executive, legislative and judicial. Each branch has different functions and powers under the principle of separation of powers.

Two ideas underlie the separation of powers. The first is that to avoid much concentration of power, the same people should not legislate, govern and judge. Each branch of power should be independent of others. The danger is that they will each go their own way and abuse their powers. To avoid this, a second idea comes into play. There should be also a system of checks and balances so that each branch has some control over the other two branches. This way no one group can have too much power.

The US Constitution adopts both these ideas. The system of checks and balances protects against extremes. It means, for example, that new presidents cannot radically change governmental policies just as they wish. In the USA, therefore, when people think of the ‘government’, they usually mean the whole system that is the Executive branch and the President, Congress, and the courts.

In practice, therefore, the President (i.e. “Administration”) is not as powerful as many people think he is. In comparison with other leaders in systems where the majority party forms “the governments”, he is even less powerful.

1. system of checks and balances – система “сдержек и противовесов; принцип взаимоограничения властей (законодательной, исполнительной и судебной)

2. powers stated in Constitution – полномочия, определенные (установленные) Конституцией

3. the separation of powers – разделение полномочий

4. to underlie – лежать в основе

5. to abuse their powers – злоупотреблять полномочиями

6. to come into play – зд. возникать, появляться на арене

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