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本集速成课程是由Squarespace为您带来的
Hello, I'm Craig again and this is Crash Course: Government and Politics
嗨，我是克雷格，这是《政府和政治速成课》
and today we're gonna really figure out why the President is the most powerful man in the world
今天我们要真正弄清楚为什么总统是世界上最有权力的人
Okay, not really, I guess, obviously, the reason he's the most powerful person in the world is he leads what's currently the most powerful nation in the world,
好吧，不完全是，我想，很明显，他是世界上最强大的人的原因是他领导着当今世界上最强大的国家，
and he can't really take credit for America's global position
而且，他也不能真正地为美国的全球地位邀功
Besides, there's a good case to be made that the richest man in the world is the most powerful,
此外，有充分的理由证明世界上最富有的人是最有权力的人，
and if we're talking cultural influence, then who's more powerful than Kanye?
如果我们说的是文化影响，那么谁比坎耶更强大?
According to Kanye, no one
据坎耶说，没有人
But rather than go down the rabbit hole of power and the secret Cabal that actually runs the world,
但是，与其掉进权力的兔子洞和秘密阴谋集团，
let's talk about the powers of the President that are not in the Constitution, at least, not literally
让我们来谈谈宪法之外的总统权力，至少，不是字面上的
So the Constitution lays out a specific limited number of expressed powers,
宪法规定了一定的权利，
but the President's able to do a lot more than what the Constitution says
但总统能做的远不止宪法规定的那么多
Expressed powers are sometimes called "formal powers",
表达的权力有时被称为“正式权力”，
but the President also has informal powers that do not appear within the written text of the Constitution
但总统也有非正式的权力，这些权力并不出现在宪法的书面文本中
Sometimes the powers he has are implied by the wording of the Constitution,
有时，宪法的措辞暗示了他的权力，
while sometimes, they're considered inherent in the office of the Presidency, which means that they flow logically from the ideas in the Constitution
而有时，他们被认为是总统职位固有的权力，这意味着他们从宪法的思想中逻辑地流动
A little confusing, right?
有点混乱，对吧?
Well, maybe the Thought Bubble can explain
也许思想泡泡可以解释
Let's start easy with an expressed power, which is not the same as an espresso power, which is what I'm currently running on
让我们从一种表达出来的力量开始，这和我现在使用的浓缩咖啡的力量不一样
The Constitution says right here in the text that the President is the commander in chief of the army and the navy
宪法规定总统是陆军和海军的总指挥
This also implies that he can and perhaps will lead the armed forces when the nation is at war
这也意味着，当国家处于战争状态时，他能够也可能会领导军队
It also implies that he can command the Air Force, even though it only mentions the Army and Navy
这也意味着他可以指挥空军，尽管它只提到了陆军和海军
So far, so good, but what about when the nation is not technically at war?
到目前为止，一切都很好，但如果这个国家在技术上没有处于战争状态呢?
Remember that the Constitution gives Congress the power to declare war as a check on Presidential power,
记住，宪法赋予国会宣战的权力，作为对总统权力的制衡，
but the President still has the inherent power to use troops even when Congress hasn't actually formally declared war
但即使国会尚未正式宣战，总统仍有使用军队的固有权力
Logically, if there's an immediate threat to the US and Congress doesn't have the time or the opportunity to declare war, the Commander in Chief must be able to use force
从逻辑上讲，如果美国面临迫在眉睫的威胁，而国会又没有时间或机会宣战，那么总司令就必须能够使用武力
So this power is said to be inherent in the office
所以这种权力据说是办公室固有的
The problem is that once you grant that the President must have the power to use troops, how do you limit him?
问题是，一旦你同意总统必须有权使用军队，你如何限制他?
What sorts of threats are so immediate and dangerous that the President should have free reign to send troops?
什么样的威胁是如此直接和危险，以至于总统应该有自由的统治来派遣军队?
Other than Martian invasions or Taco Tuesday riots, obviously
很明显，除了火星人入侵或周二墨西哥玉米卷暴乱之外
If you look at most of the times America has sent troops into conflict, especially during the 20th and 21st centuries,
如果你看一看美国派遣军队进入冲突的大部分时间，特别是在20世纪和21世纪，
it's been done with him acting as Commander-in-Chief without a formal declaration of war
就会发现他在没有正式宣战的情况下担任总司令
We sent troops to Korea, Vietnam, Afghanistan, and twice to Iraq without Congress declaring war, and these are just the big ones
我们在没有国会宣战的情况下，向朝鲜、越南、阿富汗和伊拉克派遣了军队，并两次向伊拉克派兵
We're not even gonna talk about Grenada and Panama and all the other small interventions, so is there any check on this power?
我们甚至不会讨论格林纳达和巴拿马以及其他的小型干预措施，对这种力量有什么限制吗？
After Vietnam, Congress tried to put on the brakes by passing a War Powers Resolution,
在越南战争之后，国会试图通过一项战争权力决议来阻止这一行动，
which requires the President to get authorization to use troops within 60 days of when he first commits them, or else he has to bring the troops back
该决议要求总统在他第一次派遣军队的60天内获得使用军队的授权，否则他必须撤回军队
This sounds like a pretty powerful check, but in practice, Congress always authorized the President to use force
这听起来像是一个相当有力的检查，但实际上，国会一直授权总统使用武力
Thanks, Thought Bubble
谢谢，思想泡泡
Sometimes I use force without being authorized
有时我未经授权使用武力
The President has informal powers in foreign policy, too
总统在外交政策上也有非正式的权力
Formally, the Constitution says the President has the power to make treaties, receive foreign ambassadors, and appoint ambassadors and ministers
宪法正式规定，总统有权制定条约、接待外国大使、任命大使和部长
The President has developed the power to negotiate executive agreements, which are nowhere in the Constitution
总统已经发展出了谈判行政协议的权力，而这些在宪法中根本就不存在
Executive agreements are, well, they're agreements between the US and foreign nations that look like treaties but aren't formally treaties
行政协议是美国和外国之间的协议看起来像条约，但不是正式的条约
They can come with treats, though
不过，他们可以带着点心来
Brownies
巧克力糕饼
Cookies
饼干
Trade concessions
贸易减让
The most important difference between an executive agreement and a treaty is that the agreements don't need to be ratified by 2/3rds of the Senate,
行政协议和条约之间最重要的区别是，这些协议不需要得到参议院2/3的批准，
but they become valid with only a majority of vote in both houses
但在两院都只有多数投票的情况下，它们才会生效
This makes them easier to pass than a formal treaty and explains why Presidents prefer executive agreements to treaties
这使得它们比正式条约更容易通过，并解释了为什么总统更喜欢行政协定而不是条约
Lately, there have been some very important executive agreements, like the general agreement on tariffs and trade or GATT that has morphed into the WTO,
最近，出现了一些非常重要的行政协议，比如关税及贸易总协定
and the North American Free Trade Agreement, better known as NAFTA,
以及北美自由贸易协定，简称为NAFTA
cause if it were a treaty, it'd be NAFTT, and that would be NAFTY
因为如果一个条约,它就会NAFTT,将NAFTY
Although it isn't mentioned in the Constitution, the President is effectively the Chief Executive Officer or CEO of the US
尽管宪法中没有提及，但总统实际上是美国的首席执行官或首席执行官
Where does this power come from?
这种力量从何而来?
Formally, it's in the faithfully executed clause in the Presidential Oath of Office,
正式地说，这是在总统宣誓中忠实执行的条款中，
but more practically, it comes out of his power to appoint judges, ambassadors, and other ministers
但实际上，任命法官、大使和其他部长是出于他的权力
Sorry, judges and ambassadors, but when it comes to executive power, it's the other ministers that matter here,
不好意思，法官和大使们，但是当涉及到行政权力时，其他的部长们在这里很重要，
because they're the cabinet secretaries and other heads of administrative agencies that make up the bulk of the government
因为他们是内阁大臣和其他行政机构的首脑，他们构成了政府的主体
The President chooses agency heads that agree with his policies-at least he hopes they do
总统选择的机构负责人都同意他的政策——至少他希望他们同意
So his appointments shape the political agenda
因此，他的任命决定了政治议程
But more importantly, in appointing the ministers, the President assumes an inherent power to direct them and their agencies on how to implement laws
但更重要的是，在任命部长的过程中，总统拥有一种内在的权力来指导他们和他们的机构如何执行法律
This makes since
这样就说得通了
As anyone who's ever worked for a boss knows, once you're hired you're sort of expected to know what your boss wants and to do it
任何曾经在老板手下工作过的人都知道，一旦你被聘用，你就应该知道老板想要什么，并去做什么
This power to direct agencies and how to execute laws is enormous
这种指导机构和如何执行法律的权力是巨大的
It basically directs the way the government acts
它基本上指导着政府的行为方式
The President has pretty limited formal powers over Congress
总统对国会的正式权力相当有限
Other than convening special sessions, and the veto, and the State of the Union Address, maybe, he can't do all that much to influence them
也许，除了召开特别会议、否决和国情咨文演说之外，他不可能对他们施加太大影响
I mean Congress usually meets without the President telling them to and he almost never vetoes bills
我的意思是，国会的会议通常没有总统的命令，他几乎从不否决议案
But that doesn't mean that the President doesn't have a big informal role to play in the legislative process
但这并不意味着总统在立法过程中没有很大的非正式作用
The President can attempt to set the legislative agenda by making recommendations for laws that he'd like to see passed
总统可以通过对他希望通过的法律提出建议来设定立法议程
This is sometimes called the Legislative Initiative, and in practice it usually means that executive branch officials will actually draft the legislation they want and give it to Congress to refine into something they can pass
这有时被称为立法倡议，在实践中，这通常意味着行政部门官员将起草他们想要的立法，并将其提交给国会，使之完善成他们可以通过的法案
This is what happens with big agenda items like the Affordable Care Act
这就是《合理医疗费用法案》等重大议程项目所发生的情况
You may know it as ObamaCare
你知道《奥巴马医改》
Or the Dodd-Frank Act, which, despite being named for its two Congressional sponsors was actually written with a lot of input from the White House
或者是《多德-弗兰克法案》，尽管它是以两名国会议员的名字命名的，但它实际上是在白宫的大量投入下写成的
I should note here that even though it might look like the President is usurping legislative power, Congress often gives its power to the President willingly,
我在这里要指出的是，尽管看起来总统似乎在篡夺立法权，但国会常常心甘情愿地将其权力交给总统
because it wants to avoid responsibility for unpopular policies
因为它不想为不受欢迎的政策承担责任
He said it
是他说的
I didn't say it
不是我说的
He said it
是他说的
Also this is pretty limited power for the President because he can't force Congress to pass anything, even if he wrote it and says "Please, please, please, please, please"
这对总统来说也是相当有限的权力因为他不能强迫国会通过任何东西，即使他写了出来说"请，请，请，请，请"
And because a President's ability to move the agenda decreases as his popularity decreases
而且，由于总统的支持率下降，他推动议程的能力也随之下降
There's another legislative power that the President has that is probably the most important one
总统还有另一个立法权这可能是最重要的
He can give executive orders
他可以发布行政命令
These are presidential directives, or rules, that have the force of law
这些是总统的指示或规则，具有法律效力
Executive orders can be overturned by actual Congressional lawmaking, or by Supreme Court decisions
行政命令可以通过实际的国会立法或最高法院的判决来推翻
These executive orders allow the President to circumvent the legislative process and act unilaterally
这些行政命令允许总统绕过立法程序，单方面采取行动
Ideally the President and Congress should work together, but c'mon!
理想情况下，总统和国会应该合作，但拜托!
Sometimes the President decides to go it alone
有时总统决定单独行动
Cause they're they don't work together that often
因为他们不经常一起工作
These days anyway
无论如何这些天
Some really important policies have been made by executive orders, including desegregating the military and the creation of the Environmental Protection Agency
一些真正重要的政策是由行政命令制定的，包括废除军队和建立环境保护局
But executive orders may not be as durable as a law passed through the normal channels
但行政命令可能不如通过正常渠道通过的法律持久
If the next president in office disagrees with the order as a president put in place, he or she can get rid of them just as easily as his or her predecessor put them in place
如果下一任总统不同意总统下达的命令，他或她可以像前任总统一样轻易地将命令撤下
The other informal power the President has is kind of obscure, but also pretty important
总统拥有的另一种非正式权力有点模糊，但也相当重要
The President can impound the funds that Congress has appropriated for certain programs or projects if he doesn't want them implemented
如果总统不希望某些项目或项目得到实施，他可以扣押国会为某些项目或项目拨出的资金
More generally, under his power to execute the laws, he can order the bureaucracy to implement policies in a certain specific way
更通俗地讲，在他执行法律的权力之下，他可以命令官僚机构以某种特定的方式执行政策
Or sometimes not at all
或者有时候根本没有
Although this can get him in to trouble
尽管这会给他带来麻烦
There's one last inherent power I'll mention that the President currently has and that's executive privilege
我要提到的最后一个固有权力是总统目前拥有的，那就是行政特权
There's probably more, but no president has asserted them yet
可能还有更多，但还没有哪位总统宣称过
Basically this is the President's ability to keep information secret by claiming that it's too important to be revealed, usually for reasons of national security
从根本上说，这是总统保持信息机密的能力，因为他声称信息太重要而不能被披露，通常是出于国家安全的原因
There's a check on executive privilege though
但是有一个关于行政特权的检查
It can be overturned by a court order as happened in the landmark Supreme Court case US vs Nixon
它可以被法院命令推翻，就像美国和尼克松之间具有里程碑意义的最高法院案件那样
There they court ordered Nixon to turn over tapes of his conversations with aids that might have related to the Watergate Scandal
在那里，法院命令尼克松交出可能与水门事件有关的与艾滋病对话的录音带
So even though the President isn't given a ton of power in the Constitution, the President is pretty powerful
所以即使宪法没有赋予总统很大的权力，总统也很有权力
This is especially true during war
在战争中尤其如此
Even if that war hasn't been declared
即使战争还没有宣布
And this is a point you should remember
这是你们应该记住的一点
You should remember everything I say, but you should remember this too
你应该记住我说的每一句话，但你也应该记住这一点
Congress and the American people are usually willing to defer to the President on military matters and the inherent powers of the Commander in Chief are enormous
国会和美国人民通常愿意在军事问题上服从总统，而总司令的内在权力是巨大的
Often increased presidential power has been the result of a president seizing the initiative and expanding his own inherent or implied power
总统权力的增加往往是总统掌握主动权并扩大自己固有或隐含权力的结果
And once a president has established an implied power, the next president's very unlikely to do away with it
一旦一个总统建立了隐含的权力，下一任总统就不太可能废除它
Oh, please, more power? No thank you
哦，拜托，再来点权力？不了，谢谢你
But just as often as presidents imply their own powers, Congress willingly hands over more power
但正如总统暗示他们自己的权力一样，国会也愿意交出更多的权力
And that's what we're going to talk about in the next episode
这就是我们下节课要讲的内容
Thanks for watching
谢谢收看
Crash Course Government and Politics is produced in association with PBS Digital Studios
政府与政治速成班是与PBS数字工作室联合制作的
Support for Crash Course: US Government comes from Voqal
美国政府对速成课程的支持来自Voqal
Voqal supports nonprofits that use technology and media to advance social equity
Voqal支持利用技术和媒体促进社会公平的非营利组织
Learn more about their mission and initiatives at Voqal.org
在voqal.org了解更多关于他们的使命和倡议
Crash Course was made with all of these commanders and chiefs
速成班是由这些指挥官和首领们组成的
Thanks for watching
感谢收看
