华尔街日报：川普巩固权力计划背后的法律理论 | 2025.3
字幕摘录
| 时间 | 英文 | 中文 |
|---|---|---|
| 0:02 | President Donald Trump is using a popular conservative legal theory to restore that original vision of the presidency that the Constitution creates. | 总统唐纳德·特朗普(Donald Trump)正利用一个流行的保守法律理论来恢复宪法所创立的总统制的最初愿景. |
| 0:11 | Well, I have the right to do whatever I want as president. | 我有权做任何我想做的总统。 |
| 0:14 | Like fire thousands of federal workers, dismantle entire agencies, and oversee what were created as independent regulatory agencies. | 就像向成千上万的联邦工人开火, 拆除整个机构, 并监督作为独立管理机构创建的。 |
| 0:23 | The Supreme Court will be the deciding factor on this executive power reach that critics say is far more extreme, | 最高法院是决定 行政权力的决定性因素 批评者说,这是更极端的, |
| 0:29 | but which would, I would argue, fundamentally change how the country runs. | 但我认为,这将从根本上改变国家的运作方式。 |
| 0:33 | Here's the legal theory and the point of President Trump's executive actions and why the Supreme Court might allow this expansion of executive power. | 以下是法律理论和特朗普总统的行政行动要点,以及最高法院为何可能允许这种扩大行政权力的做法. |
| 0:41 | Tell me what democracy looks like. | 告诉我民主是什么样子的。 |
| 0:44 | The ideology is called the unitary executive theory, that Article 2 of the Constitution, which creates the president, puts all of the executive power in a single unitary president. | 意识形态被称为单一行政理论,即创建总统的宪法第2条将所有行政权力置于单一的统一总统中. |
| 0:55 | It's not new and it's not a theory. | 非新非理论. |
| 0:58 | It's a description of what the framers did in Article 2. | 这是对第2条中的设定者所作所为的说明. |
展开字幕全文（64 条）
| 序号 | 英文 | 中文 |
|---|---|---|
| 1 | President Donald Trump is using a popular conservative legal theory to restore that original vision of the presidency that the Constitution creates. | 总统唐纳德·特朗普(Donald Trump)正利用一个流行的保守法律理论来恢复宪法所创立的总统制的最初愿景. |
| 2 | Well, I have the right to do whatever I want as president. | 我有权做任何我想做的总统。 |
| 3 | Like fire thousands of federal workers, dismantle entire agencies, and oversee what were created as independent regulatory agencies. | 就像向成千上万的联邦工人开火, 拆除整个机构, 并监督作为独立管理机构创建的。 |
| 4 | The Supreme Court will be the deciding factor on this executive power reach that critics say is far more extreme, | 最高法院是决定 行政权力的决定性因素 批评者说,这是更极端的, |
| 5 | but which would, I would argue, fundamentally change how the country runs. | 但我认为,这将从根本上改变国家的运作方式。 |
| 6 | Here's the legal theory and the point of President Trump's executive actions and why the Supreme Court might allow this expansion of executive power. | 以下是法律理论和特朗普总统的行政行动要点,以及最高法院为何可能允许这种扩大行政权力的做法. |
| 7 | Tell me what democracy looks like. | 告诉我民主是什么样子的。 |
| 8 | The ideology is called the unitary executive theory, that Article 2 of the Constitution, which creates the president, puts all of the executive power in a single unitary president. | 意识形态被称为单一行政理论,即创建总统的宪法第2条将所有行政权力置于单一的统一总统中. |
| 9 | It's not new and it's not a theory. | 非新非理论. |
| 10 | It's a description of what the framers did in Article 2. | 这是对第2条中的设定者所作所为的说明. |
| 11 | Read Article 2, which gives the president powers that you wouldn't believe. | 读读第2条,它赋予了总统你不相信的权力. |
| 12 | But there are still questions about just how much power and over what. | 但仍有关于权力和什么的疑问。 |
| 13 | It's well established in the Constitution that the president oversees these cabinet agencies. | 《宪法》明确规定,总统监督这些内阁机构。 |
| 14 | What's not as defined are independent agencies, things like the FTC, SEC, CFPB, | 没有定义的是独立机构, 比如公平贸易委员会,证监会,CFPB, |
| 15 | largely economic watchdog and regulatory agencies created by Congress and signed into law by the president. | 主要是国会设立并由总统签署成为法律的经济监督和管理机构。 |
| 16 | They were designed to be insulated from politics and changing administrations. | 它们的设计是为了与政治和不断变化的政府隔绝。 |
| 17 | But they're Trump's primary target. | 但他们是特朗普的首要目标. |
| 18 | In one executive order, President Trump brought these independent agencies under the executive branch. | 在一项行政命令中,特朗普总统将这些独立机构置于行政部门之下. |
| 19 | Trump is arguing there should not be these independent agencies. | 特朗普认为不应该有这些独立机构. |
| 20 | Michael Waldman runs the Brennan Center at NYU Law and has written extensively about the dangers of the unitary executive theory. | 迈克尔·瓦尔德曼(Michael Waldman)在纽约市立大学法律系(NYU Law)经营布伦南中心,并广泛撰写了有关统一执行理论的危害性的文章. |
| 21 | It would undo a lot of what we rely on now to regulate the economy, to police the stock market, to assure competition in markets. | 这会抵消我们现在依赖的 管理经济 监管股票市场 确保市场竞争 |
| 22 | That executive order cites Article 2 and the unitary executive theory that says that all employees are subject to the president's supervision. | 该行政命令援引了第2条和单一行政理论,该理论说所有雇员都受总统的监督。 |
| 23 | It's his justification for firing, so far, thousands of them. | 这是他开枪的理由,到目前为止,成千上万的人。 |
| 24 | He's trying to act horizontally, make all the heads of the federal executive agencies responsible to him. | 他试图横向行动,让联邦行政机构的所有负责人对他负责. |
| 25 | And then he's also trying to act vertically. | 之后他也试图纵向行动. |
| 26 | John Yoo has long advocated for the theory. | 约翰 刘 has长期主张理论. |
| 27 | During the Bush administration, he argued in the torture memos that Article 2 gave the president executive authority to use enhanced interrogation techniques. | 在布什政府执政期间,他在酷刑备忘录中辩称,第2条赋予总统行政权力,可以使用强化的审讯技术. |
| 28 | President Trump is saying, look back at that unitary executive theory. | 特朗普总统在说,回顾一下统一行政理论. |
| 29 | Why should all those hundreds of thousands of employees be protected from removal too? | 为何这几十万雇员也不得被解职? |
| 30 | And Trump has fired top officials at some of these independent agencies. | 而特朗普也解雇了其中一些独立机构的高层官员. |
| 31 | The Constitution is clear that when it comes to principal governmental officials, that the president appoints with the advice and consent of the Senate. | 《宪法》明确规定,在涉及主要政府官员时,由总统根据参议院的建议和同意任命。 |
| 32 | So it's kind of a harder question, under what circumstances can Congress place restrictions on the president's ability to remove some of them? | 所以,这是一个比较困难的问题,在什么情况下国会可以对总统清除其中一部分的能力施加限制? |
| 33 | It's a harder question, but not a new one. | 这是一个更难的问题,但不是一个新的问题。 |
| 34 | In the 1930s, President FDR fired William Humphrey, the head of the FTC, for political reasons. | 1930年代,FDR主席出于政治原因解雇了FTC负责人威廉·汉弗莱. |
| 35 | The Supreme Court ruled the Constitution did not give illimitable power of removal to the president, and the chairman could only be removed for cause. | 最高法院裁定宪法没有赋予总统不可言喻的罢免权,主席只能因故罢免. |
| 36 | What the Trump administration is likely to ask the Supreme Court to do, and there's a chance they will, is to overturn that case. | 特朗普政府可能要求最高法院采取行动,他们有可能推翻此案. |
| 37 | Another, in the 80s, looked at the legality of a judicial independent counsel. | 另一位在80年代研究了司法独立律师的合法性。 |
| 38 | And if they could be protected from presidential removal, the court said yes. | 如果可以保护他们不被总统罢免,法庭同意了. |
| 39 | But there was one justice who thought that this was a core executive function, and that was Justice Scalia. | 但有一位法官认为这是一个核心行政职能,这就是Scalia法官。 |
| 40 | The Constitution did not leave the president's powers at our mercy. | 宪法并没有把总统的权力留给我们。 |
| 41 | It says that the executive power, not some executive power, shall be vested in a president of the United States, not a president of the United States and others. | 它说,行政权力,而不是某种行政权力,应该由美国总统,而不是美国总统和其他人所拥有. |
| 42 | And although he was the only justice in the dissent, that particular dissent has become kind of a rallying cry for people who have broader conceptions of executive power. | 尽管他是唯一的正义 在异议中, 特定的异议 已经成为一种集会的呼声 人民 谁拥有更广泛的 行政权力的概念。 |
| 43 | Trump has also claimed that it's his right as the executive to stop payments that Congress has authorized, called impoundment, which goes against a 1970s law. | 特朗普还声称他作为行政官有权停止国会授权的,称为扣押的付款,这违反了1970年代的一项法律. |
| 44 | This disaster of a law is clearly unconstitutional, a blatant violation of the separation of powers. | 这场法律灾难显然违宪,公然违反了三权分立。 |
| 45 | This is an aggressive and novel conception of the unitary executive theory. | 这是对统一行政理论的激进和新颖的概念。 |
| 46 | It is an audacious power grab, cloaked in legalistic language, and it's going to be up to the Supreme Court to stand up to it. | 这是一个大胆的权力抢夺, 隐身于法律语言, 它将是由最高法院 站出来。 |
| 47 | It's quite plausible that President Trump is intentionally creating a test case. | 川普总统故意制造试案,这是相当可信的. |
| 48 | Legal experts believe part of the point of Trump's exertion of this authority is to give the Supreme Court opportunities to overturn these precedents. | 法律专家认为,特朗普行使这一权力的部分要点是给最高法院推翻这些先例的机会. |
| 49 | The Roberts Court, in a way, has been building this for 20 years. | 罗伯茨法院在某种程度上已经建了20年了 |
| 50 | In a case five years ago about whether the president could remove the head of CFPB, the court found he could. | 在5年前的一起关于总统能否罢免CFPB头目的案件中,法院认定他可以. |
| 51 | Justice Thomas and Justice Gorsuch argued that the previous precedent protecting independent agencies is an unfortunate example of the court's failure to apply the Constitution as written, | 托马斯法官和戈尔苏克法官认为,先前保护独立机构的先例是法院未能按书面形式适用宪法的不幸例子, |
| 52 | and that those agencies encroach on the power of the executive. | 这些机构侵犯了行政部门的权力。 |
| 53 | If the Supreme Court agrees with the maximalist and extreme interpretation of the unitary executive theory in the cases that will be coming before it, | 如果最高法院同意在即将审理的案件中对统一行政理论的最大和极端的解释, |
| 54 | it would upend much of the economy and really have us far closer to the control of a king than a president affected by the rule of law and checks and balances. | 它将改善大部分经济,真正使我们比受法治及制衡影响的总统更接近于国王的控制. |
| 55 | So if Congress passes policy and a budget for these agencies, can the president just not do it? | 所以如果国会通过政策和预算 这些机构, 总统就不能这样做吗? |
| 56 | Suppose President Trump doesn't want to spend the money Congress wants to spend, he doesn't want to regulate what Congress wants to regulate. | 如果特朗普总统不想花国会想要花的钱,他不想管制国会想要管制的东西. |
| 57 | That is a kind of problem, I think, that the founder's system doesn't have clear checks on except for impeachment. | 我认为,这是一个问题, 创始人的制度 没有明确的检查 除了弹劾。 |
| 58 | They were quite clear that failure to execute the law would be a high crime and misdemeanor worthy of removal from office. | 他们十分清楚,不执行法律将是一种高罪行和轻罪,值得免职。 |
| 59 | If you see the president acting in aggressive ways, maybe it's because Congress actually supports him. | 如果你看到总统以攻击性的方式行事 也许是因为国会真的支持他 |
| 60 | The people elected me to do the job and I'm doing it. | 人民选举我做这个工作 而我正在做 |
| 61 | I would say we don't really have a true separation of powers fight here because this Congress supports President Trump. | 我想说我们在这里并没有真正的三权分立 因为国会支持川普总统 |
| 62 | A lot of this comes down to what should the role of government be in protecting consumers, protecting the environment and so on. | 其中许多问题涉及政府在保护消费者、保护环境等方面的作用。 |
| 63 | Whatever other legal dimensions there are, this would likely make it so that much of the time these independent agencies would have their wings clipped by the executive branch. | 不论其他法律层面如何,这很可能使得这些独立机构的大部分时间都被行政部门剪断。 |
| 64 | I would say we don't really have a true separation of powers fight here because this Congress supports President Trump. | 我想说我们在这里并没有真正的三权分立 因为国会支持川普总统 |
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