Студопедия — To signify, to evade, designation, to denounce, tranquility, posterity, to ordain, disenfranchise
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To signify, to evade, designation, to denounce, tranquility, posterity, to ordain, disenfranchise






TASK I. a) Insert the missing words from the list above into (1-8);

b) Translate the rest (9-25), use the GLOSSARY:

1. As a result of the voting reform some categories of voters who were … got the right to vote.

2. The king … that the feast should be prepared.

3. Everybody enjoyed the … of the scene.

4. Japan … the Washington treaty about the size of navies.

5. We must preserve these songs for …

6. If you try to … paying taxes, you risk going to prison.

7. Her official … is Systems Manager.

8. Recent changes in climate may … that global warming is starting to have an effect.

9. The school district, by its control of the graduation ceremony, and the theoretically required nature of this once-in-a-lifetime opportunity, places public and peer pressure on students to stand and maintain silence which may signify their participation or approval.

10. Hamilton stated that “in seasons of insurrection or rebellion, there are often critical moments when a well-timed offer of pardon to the insurgents or rebels may restore the tranquility of the commonwealth.”

11. The point is made more clearly in Justice Scalia’s concurrence, in which he denounces all forms of nonretroactivity as “the handmaid of judicial activism.”

 

 

12. Because the amending process was intentionally made to be difficult, of the 10,000 amendments proposed, only 33 have received approval by both the House and Senate, and just 27 have been ratified by the states. The amendments make a statement to the world and to posterity about what governmental principles the United States most cherishes.

13. Preemption of state law by federal statute or regulation is not favored ‘in the absence of persuasive reasons—either that the nature of the regulated subject matters permits no other conclusion, or that the Congress has unmistakably so ordained.

14. The Framers understood the Elections Clause as a grant of authority to issue procedural regulations, and not as a source of power to dictate electoral outcomes, to favor or disfavor a class of candidates, or to evade important constitutional restraints.

15. The last cluster—which includes the Twenty-third, Twenty-fourth, and Twenty-sixth Amendment—gave the vote in presidential elections to the disenfranchised and predominantly black citizens of the District of Columbia, to men and women too poor to pay poll taxes or any other kinds of levy as a prerequisite to suffrage, and to 18-year-olds, respectively.

16. The grant of power to Congress over commerce, unlike that of power to levy customs duties, the power to raise armies, and some others, is unaccompanied by correlative restrictions on state power. This circumstance does not, however, of itself signify that the States were expected to participate in the power thus granted Congress, subject only to the operation of the supremacy clause.

17. Among the acts for which loss of citizenship is prescribed are (1) obtaining naturalization in a foreign state, (2) taking an oath of allegiance to a foreign state, (3) fleeing or remaining outside the United States in wartime or a proclaimed emergency in order to evade military service.

18. The designation of the executive as the ‘‘President of the United States’’ was made in a tentative draft reported by the Committee on Detail and accepted by the Convention without discussion.

19. Whether the ‘‘licensed’’ trade shall be permitted at all is a question for decision by the State. This, nevertheless, does not signify that Congress may not often regulate to some extent a business within a State in order to tax it more effectively.

20. Where the right to vote has been restricted, the principle is used to advocate universal suffrage, thereby broadening the electoral base to include everyone, particularly minorities and all others who are disenfranchised.

21. In areas that the 1964 Civil Rights Act did cover, many employers and unions were able to evade portions regarding job discrimination.

22. The Court wrote that States may enact legislation touching upon aliens coexistent with federal laws, under regular preemption standards, unless the nature of the regulated subject matter precludes the conclusion or unless Congress has unmistakably ordained the impermissibility of state law.

23. The great question raised in the early days with reference to the postal clause concerned the meaning to be given to the word “establish” — did it confer upon Congress the power to construct post offices and post roads, or only the power to designate from existing places and routes those that should serve as post offices and post roads? As late as 1855, Justice McLean stated that this power “has generally been considered as exhausted in the designation of roads on which the mails are to be transported.”

24. Muckraking journalists – a term that Theodore Roosevelt applied to investigative journalists in 1906 – raised the alarm that wealthy individuals were bribing legislatures to win Senate seats, where they protected special interests rather than the general public. In a series of magazine articles that ran under the title of “The Treason of the Senate,” the muckraker David Graham Phillips denounced the senators as “perjurers,” “bribers,” and “thieves.”

25. “I think that the Constitution of the thirteen states was made, not merely for the generation which then existed, but for posterity; undefined, unlimited, permanent, and perpetual – for their posterit y, and for every subsequent State which might come into the Union, binding themselves by that indissoluble bond.” – Henry Clay, Senate speech, February 6, 1850.

 

TASK II.

a) Match the verbs 1) disenfranchise, 2) discharge, 3) disbar, 4) disallow, 5) discount, 6) disclose, 7) disinherit to their definitions:

a) to make legal arrangements so that your close relative will not receive any of your money or property when you die;

b) to no longer allow someone to have the right to vote;

c) to officially stop a lawyer from doing any legal work;

d) to say officially that something cannot be accepted because it is illegal or not allowed by the rules;

e) to consider that something is not important, possible or likely;

f) to be officially allowed or forced to leave an institution such as a hospital, a prison, or the army;

g) to give information to people especially the information that is revealed;

 

b) Translate the following sentences, use the GLOSSARY:

1) The phrase ‘‘due process of law’’ first appeared in a statutory rendition of chapter 39 of Magna Carta in 1354. “No man of what state or condition he be, shall be put out of his lands or tenements nor taken, nor disinherited, nor put to death, without he be brought to answer by due process of law.”

2) The Fifteenth Amendment, ratified in 1870, prohibited denying someone the right to vote because of race. However, the Southern states soon undermined this amendment with a series of tactics, such as poll taxes and literacy requirements, that effectively disenfranchised their black citizens for another century.

3) In Rhode Island, the leaders of a popular movement protested that the state disenfranchised half of the men in the state (no women were eligible to vote) because the royal charter, which still served as the state’s constitution, allowed only freeholders (landowners) to vote.

4) The Court upheld the public disclosure provisions of the Federal Election Campaign Act (FECA), which required that both contributions and expenditures by candidates, political parties, and political committees be publicly disclosed.

5) Within weeks, in a private letter, the chief justice disclosed his view that if the Court had decided the McCardle case, it “would doubtless have held that his [McCardle’s] imprisonment for trial before a military commission was illegal.”

6) In 1938, it was reported that Democratic Party politicians had misused Works Progress Administration (WPA) funds and staff in order to influence the 1938 congressional elections. Upon investigation, it was disclosed that WPA employees had indeed used their positions to win votes for the Democratic Party.

7) In re Neagle, the Court held that “The Executive Power” included the power to assign a federal marshal to serve as the bodyguard to a Supreme Court justice and insulated the marshal from murder charges stemming from his discharge of that duty. This case expanded the scope of the implied powers of the executive branch through an expansive reading of the president’s duty to “take Care that the Laws be faithfully executed” (Article II, Section 3), confirming the existence of inherent executive prerogative power in domestic affairs.

8) Subsequently charged with murder by California, Neagle successfully sued for a writ of habeas corpus in the federal circuit court, which discharged him from California’s custody. The sheriff appealed to the Supreme Court.

9) The opinion of the Court, delivered by Justice Samuel Miller, held that Neagle, as an officer of the United States, could not be tried by California, and thus was properly discharged.

10) The Court’s general approach, some have argued, severely discounts the vital importance of allowing citizens to control the form, and therefore, potentially, the power and effectiveness, of their speech.

11) The Office of Legal Counsel of the Department of Justice prepared for the White House counsel an elaborate memorandum that disputed all aspects of the Dillon opinion. First, Dillon ’s discussion of contemporaneity was discounted as dictum.

12) In personal reflection, Douglas had often said that one of his most shameful moments was his vote to uphold President Roosevelt’s relocation of Japanese Americans in Korematsu v. United States,(1944), and one of his proudest moments was his vote to disallow President Richard Nixon to use executive privilege to keep the Watergate tapes from Congress in United States v. Nixon.

13) The Court generally disallows attempts to condition benefit eligibility on loyalty declaration, as it would have a chilling effect on free speech.

14) Lawyer may not be disbarred solely because he refused on self-incrimination grounds to testify at a disciplinary proceeding.

15) Included within the general power to decide cases are the ancillary powers of courts to punish for contempts of their authority, to admit and disbar attorneys.

TASK III. Insert the missing words into the passage that follows: a) opponents; b) votes; c) prosecute; d) proceedings; e) Anti-Federalists; f) secret; g) Convention;

h) inaccuracies; i) Constitution:

The idea to keep the discussions 1) … was not surprising in the eighteenth century. Both legislative debates and 2) … were only rarely, if ever, open to the public in Britain and America, and legislatures did not hesitate to 3) … printers for publishing reports of debates and 4) … without permission. Such reports, it was widely and justly believed, frequently contained gross 5) … and should not benefit from even an implied legislative endorsement. Only rarely in the ratification process did 6) … of the new 7) … criticize the rule of secrecy. And neither the 8) … nor the few published criticisms of and comments on the rule during the 9) … appealed to any notion whatsoever about the public's "right to know."

 

TASK IV. Match the dates 1870, 1914, 1920, 1961, 1964, 1971 to the following events:

· Women’s right to vote is recognized in twelve states.

· Eighteen-year olds get the right to vote.

· The right to vote in presidential elections is extended to residents of the District of Columbia.

· Blacks are guaranteed the right to vote.

· Women’s right to vote is recognized.

· The poll tax is abolished.

 

TASK V. Match Voting Rights Amendments to their contexts:

Amendment 19 – Proposed June 4, 1919; Adopted August 18, 1920;

Amendment 23 – Proposed June 16, 1960; Adopted March 29, 1961;

Amendment 24 – Proposed September 14, 1962; Adopted January 23, 1964;

Amendment 26 – Proposed March 23, 1971; Adopted July 1, 1971;

 

Amendment … addresses the voting rights of a different group of people, namely the residents of the nation's capitol: the District of Columbia. Before the enactment of this amendment, people living in Washington D.C. were forbidden to vote for the President or Vice President, as they had no representation in the electorate. Now, like the state with the smallest population, Wyoming, each election D.C. residents have three electoral representatives.

The final act of Congress to date regarding voting rights and restriction is the adoption of Amendment …. At that time, massive protest movements against the Vietnam War had swept the nation's colleges and universities. Prior to the adoption of this amendment, men were being drafted into service before they were even legal to vote. They were risking their lives without having any bearing on the actions of the men sending them to do so. Thus, the amendment set the voting age at 18, forbidding Congress or the States to set it any higher.

Women finally got the right to vote in the United States with the … Amendment. This development came from the work of the Suffragettes in the Women's Rights Movement of the early twentieth century. Famous Suffragettes Susan B. Anthony and Elizabeth Cady Stanton led the movement, and together they drafted the amendment which would become Amendment Nineteen: " Universal Suffrage. "

The … Amendment further protects the votes of free men and women by forbidding Congress and the States from charging poll tax for voting. Similar to the Black Codes of the Reconstruction era, Poll Taxes were commonly used to keep black Americans from voting. The timing of Amendment Twenty-Four's adoption coincides with the Civil Rights Movement of the 1960s, when attention was on the unequal treatment of black American citizens in many of the Southern states.

 

TASK VI. Make up sentences which would start as follows:

1. The ratifiers of the Constitution …

2. Numerous amendments …

3. The introductory statement …

4. Statement of purposes …

5. The wording of the Preamble …

6. State's ratifying convention …

7. The revised wording …

8. A belief in God, or in the Christian religion …

9. More stringent restrictions (on) …

10. The Framers of the Constitution …

11. Voting qualifications for election to the House …

12. Newly freed slaves …

13. Residents of the District of Columbia …

14. The seat of government …

15. The most liberal and democratic government charter in the world …

16. The right of eighteen-year-olds to vote …

17. Federal, state, and local elections …

18. Sufficient property …

19. Property qualifications …

20. Women's right to vote …

21. National political community …

22. The minimum voting age …

 

TASK VII. Make up word combinations to describe the extension of franchise:


1) to propose

2) to list

3) to take

4) to hold

5) to impose (to set) to adopt

6) to guarantee, to recognize to limit

7) to abolish

8) to pass

a) an amendment

b) office, federal positions

c) a draft

d) all the states

e) qualifications

f) the right to vote

g) an oath

h) the poll tax


 

TASK VIII. a) Add the prepositions: to, into, in, upon, to, from, into, with to the following phrases; b) Write a paragraph on the development of voting rights:

1. to go … effect … being ratified by…

2. to exclude … the political process

3. to find fault …

4. to restrict voting …

5. to settle … use

6. to extend the right to vote …

7. to vote … presidential elections

 

TASK IX. Find the highlighted verbs in the text and replace them by their synonyms where possible:

1) to refer to – to apply, to be about, to include, to cover, to relate;

2) to signify – to imply;

3) to go into effect – to go into force, to take affect, to effectuate;

4) to accept – to agree to,

5) to reject – to decline, to renounce, to repudiate;

6) to insure – to guarantee;

7) to secure – to guard, to make safe, to ensure;

8) to adopt – to pass, to make into law, to enact;

9) to entitle – to authorize, to empower, to qualify;

10) to restrict – to limit, to restrain, to confine,

11) to conceive – to consider, to formulate, to speculate, to form a concept of;

12) to impose – to force upon, to fix, to set;

13) to recognize – to acknowledge the legality of;

14) to extend – to enlarge, to spread, to expand;

15) to anticipate – to foresee, to expect, to hope for, to hold in view, to have in prospect;

16) to abolish – to annul, to repeal, to prohibit, to quash, to invalidate, to do away with;

17) to pass – to enact, to make into law, to adopt;

 

TASK X. Translate the following sentences, use the GLOSSARY:

1. The Court has read the preamble as bearing witness to the fact that the Constitution emanated from the people and was not the act of sovereign and independent States.

2. The preamble expresses the purpose of the U.S. Constitution. The federal government gains its power from the people rather than from the states. The government exists to maintain peace at home, provide national defense, promote the well-being of the people, and protect their liberties.

3. On July 4, 1776, the Continental Congress declared America’s independence from Great Britain and converted the thirteen colonies into the United States of America. The Declaration of Independence’s justification for that break later influenced the language of the preamble to the Constitution.

4. The Supreme Court held, in Jacobson v. Massachusetts (1905), that the preamble itself is not a source of federalpower or individual rights.

5. States’ rights advocates invoked the Preamble to support their contention that the Constitution was “ordained and established” by “We the People” of the states, and if the federal government exceeded its constitutional authority, the states as representatives of the people, not the federal courts, had the right to police the boundaries of federal power.

6. Through the Preamble, the Constitution and all laws stemming from it embodied the fundamental will of the people.

7. Although the Preamble does not grant or inhibit power, the phrase “We the People” represents one of the Constitution’s core values—the idea that power emanates from the people.

8. The purpose of the Preamble is to introduce the Constitution and the rationale behind it.

9. The Preamble to the United States Constitution, while notable for its prose, has no legally binding effect.

10. Although the preamble is not a source of power for any department of the Federal Government, the Supreme Court has often referred to it as evidence of the origin, scope, and purpose of the Constitution.

11. In five days, the committee produced a nearly final draft almost identical to the text of the Constitution that was subsequently approved.

12. Morris hoped that such a turn of phrase would protect the new government from embarrassment if a state chose not to ratify the Constitution.

13. But those who have studied the Convention's work — and, indeed, Morris, Madison, and James Wilson themselves — also knew that those opening words underscored the nationalist thrust of the Constitution, that the new government would not be another mere confederation of states.

14. Anyway, it was by no means clear which states would accept or reject the new charter.

15. The qualifications limited the right to vote to those who could show that they had sufficient property — either in cash or real property — to entitle them to vote.

16. Many states also restricted voting to those who took an oath subscribing to certain religious doctrines, such as a belief in God, or in God and Jesus Christ, or in the Christian religion.

17. Almost nobody even conceived that anyone but sufficiently wealthy white men would vote, and restrictions on who could hold office in the states were even more stringent.

18. The Framers of the Constitution refused to impose similar religious "test oaths" or property qualifications for holding federal positions such as member of the House of Representatives.

19. As the Constitution settled into use over the next two hundred years and amendments were added, Americans whom the Framers never dreamed would take part in American politics were included in the national political community.

20. In 1961, the Twenty-third Amendment extended the right to vote in presidential elections to residents of the District of Columbia — which would have amazed the Framers, who never anticipated that the seat of government would grow to become one of the ten largest cities in the nation, with hundreds of thousands of residents who were effectively disenfranchised, because they did not live in a state.

21. In 1964, the Twenty-fourth Amendment — by abolishing the poll tax — rejected once and for all the old doctrine that a person had to demonstrate some "stake" to be allowed to vote.

22. Thus, two centuries later, "We the People of the United States" means far more than it did in 1787 — and the United States is far more than ever a democracy.

 

TASK XI. Comprehension check:

· Rephrase the Preamble to the US Constitution in plain English.

· Justify the need for the constitutional amendments.

· Is there a Preamble to the Constitution of your country?

· Do you think the Preamble is important?

 

TEXT 4







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