Legal English Spring 2023 KPI
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2.5: Feedback
2.5: Feedback
Below is some feedback on a student’s response to the article we read in lesson 2.5. You will see my comments in bold after each paragraph.
The article describes three branches of government, each of which has its own powers. The powers of the three branches of government are different, but they are interconnected. It is worth emphasizing the importance of the annulment of the decision in the case “Roe v. Wade” of 1973 that recognized women’s constitutional right to abortion. The cancellation of this court decision affected the executive and legislative branches of government.
This is a good introduction to the article.
The student wrote, “The powers of the three branches of government are different, but they are interconnected.”
Exactly. This is a good way to refer to the separation of powers and checks and balances. The Constitution distributes exclusive powers to each branch, but the branches of government have ways to check each other’s powers to prevent any branch of government from becoming too powerful.
One power of the federal courts is judicial review.
That is, a court can review whether a government activity or law violates the Constitution. Please note that judicial review is not automatic. A plaintiff with proper standing must challenge the government activity or law before courts will review its Constitutionality.
Also, the student does a good job of finding a synonym for “overturning” Roe v. Wade by writing “annulling” Roe v. Wade. Annulment comes close but overturning is more common in legal English.
Congress consists of two Houses, represented by Democrats and Republicans. They largely differ in their views, which affects the making of laws. At the same time, if the President does not sign the law, it will not be adopted. I think that the idea of dividing the parliament into two chambers was largely determined by the attempt to combine the national interests and the interests of the subjects of the federation in one representative body, or to ensure the dual participation of the people’s representation.
Note:
I like the way the writer uses synonyms.
How many different ways could we write, “Congress consists of two houses”?
Congress is comprised of two houses.
Congress is comprised of two chambers.
The legislative branch is divided into two houses, the Senate and the House of Representatives.
Congress is comprised of two legislative bodies.
Etc.
Congress is bicameral because of a compromise when the Constitution was written. In fact, the compromise was so important and famous it became known as the “Great Compromise.”
When the Constitution was written, everyone agreed that the federal government would include a legislative branch, Congress. But how many representatives would each of the new states send to Congress? Larger states were concerned that if each state sent the same number of representatives, smaller states would have disproportionate power. Smaller states were worried that larger states would dominate Congress.
As a compromise, the Constitution creates a bicameral legislature. Representation in the House of Representatives is based on population. But every state sends two Senators to the Senate, regardless of population. And a law can only be enacted if both chambers pass the Bill (a Bill is a proposed law).
Today the Republicans have a majority in the House of Representatives but a slim majority of Senators tend to vote Democrat.
In this context, I would like to mention the words of James Madison that the upper house exists so that the people can protest against their rulers. In this way, there is an opportunity to prevent the tyranny of the parliamentary majority of the lower house.
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