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美国总统特朗普关于签署《以制裁应对美国敌人法案》的声明

发布时间:2017年08月04日 16:43  出处/来源:美国白宫官网

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2017年8月2日,美国总统特朗普签署了《以制裁应对美国敌人法案》(H.R. 3364),并对此发表声明。但是美国白宫网站出现了两份措辞差别极大的声明,一为《唐纳德·J·特朗普总统关于签署H.R. 3364法案的声明》,一为《唐纳德·J·特朗普总统关于签署<以制裁应对美国敌人法案>的声明》。从两份声明的措辞来看,第一份声明当为行政系统的法律人所写,第二份声明则为特朗普本人所写(或在特朗普本人授意下所写)。从这两份声明可以看出一些非常有意思的东西,尤其是各自的执政基础分别在哪儿。两份声明都声称,尽管总统并不完全同意法案一些限制总统权力的规定(如未经国会批准,总统不得擅自取消制裁等),但最终还是签署了该法案,以惩罚和威慑伊朗、朝鲜和俄罗斯的进犯性行为和有碍稳定的行为。第一份声明该法案包含了“许多明显违宪的规定(clearly unconstitutional provisions)”,第二份声明则只是说该法案“有严重缺陷(seriously flawed)”;第一份声明以法言法语详细列举了法案限制总统的宪法权力的条款;第二份声明则以平实的语言解释了自己为何之前会拖延签署,做了哪些改进性的工作,该声明最后表达了对国会限制总统权力的强烈不满。


美国总统特朗普关于签署《以制裁应对美国敌人法案》的声明


Statement by President Donald J. Trump on the Signing of H.R. 3364

Today, I have signed into law H.R. 3364, the "Countering America's Adversaries Through Sanctions Act."  While I favor tough measures to punish and deter aggressive and destabilizing behavior by Iran, North Korea, and Russia, this legislation is significantly flawed.

In its haste to pass this legislation, the Congress included a number of clearly unconstitutional provisions.  For instance, although I share the policy views of sections 253 and 257, those provisions purport to displace the President's exclusive constitutional authority to recognize foreign governments, including their territorial bounds, in conflict with the Supreme Court's recent decision in Zivotofsky v. Kerry.

Additionally, section 216 seeks to grant the Congress the ability to change the law outside the constitutionally required process.  The bill prescribes a review period that precludes the President from taking certain actions.  Certain provisions in section 216, however, conflict with the Supreme Court's decision in INS v. Chadha, because they purport to allow the Congress to extend the review period through procedures that do not satisfy the requirements for changing the law under Article I, section 7 of the Constitution.  I nevertheless expect to honor the bill's extended waiting periods to ensure that the Congress will have a full opportunity to avail itself of the bill's review procedures.

Further, certain provisions, such as sections 254 and 257, purport to direct my subordinates in the executive branch to undertake certain diplomatic initiatives, in contravention of the President's exclusive constitutional authority to determine the time, scope, and objectives of international negotiations.  And other provisions, such as sections 104, 107, 222, 224, 227, 228, and 234, would require me to deny certain individuals entry into the United States, without an exception for the President's responsibility to receive ambassadors under Article II, section 3 of the Constitution.  My Administration will give careful and respectful consideration to the preferences expressed by the Congress in these various provisions and will implement them in a manner consistent with the President's constitutional authority to conduct foreign relations.

Finally, my Administration particularly expects the Congress to refrain from using this flawed bill to hinder our important work with European allies to resolve the conflict in Ukraine, and from using it to hinder our efforts to address any unintended consequences it may have for American businesses, our friends, or our allies.

DONALD J. TRUMP

THE WHITE HOUSE

August 2, 2017.

Source: https://www.whitehouse.gov/the-press-office/2017/08/02/statement-president-donald-j-trump-signing-hr-3364


Statement by President Donald J. Trump on Signing the “Countering America’s Adversaries Through Sanctions Act”

Today, I signed into law the “Countering America’s Adversaries Through Sanctions Act,” which enacts new sanctions on Iran, North Korea, and Russia.  I favor tough measures to punish and deter bad behavior by the rogue regimes in Tehran and Pyongyang.  I also support making clear that America will not tolerate interference in our democratic process, and that we will side with our allies and friends against Russian subversion and destabilization.

That is why, since taking office, I have enacted tough new sanctions on Iran and North Korea, and shored up existing sanctions on Russia.

Since this bill was first introduced, I have expressed my concerns to Congress about the many ways it improperly encroaches on Executive power, disadvantages American companies, and hurts the interests of our European allies.

My Administration has attempted to work with Congress to make this bill better.  We have made progress and improved the language to give the Treasury Department greater flexibility in granting routine licenses to American businesses, people, and companies.  The improved language also reflects feedback from our European allies – who have been steadfast partners on Russia sanctions – regarding the energy sanctions provided for in the legislation.  The new language also ensures our agencies can delay sanctions on the intelligence and defense sectors, because those sanctions could negatively affect American companies and those of our allies.

Still, the bill remains seriously flawed – particularly because it encroaches on the executive branch’s authority to negotiate.  Congress could not even negotiate a healthcare bill after seven years of talking.  By limiting the Executive’s flexibility, this bill makes it harder for the United States to strike good deals for the American people, and will drive China, Russia, and North Korea much closer together.  The Framers of our Constitution put foreign affairs in the hands of the President.  This bill will prove the wisdom of that choice.

Yet despite its problems, I am signing this bill for the sake of national unity.  It represents the will of the American people to see Russia take steps to improve relations with the United States.  We hope there will be cooperation between our two countries on major global issues so that these sanctions will no longer be necessary.

Further, the bill sends a clear message to Iran and North Korea that the American people will not tolerate their dangerous and destabilizing behavior.  America will continue to work closely with our friends and allies to check those countries’ malignant activities.

I built a truly great company worth many billions of dollars.  That is a big part of the reason I was elected.  As President, I can make far better deals with foreign countries than Congress.

Source: https://www.whitehouse.gov/the-press-office/2017/08/02/statement-president-donald-j-trump-signing-countering-americas


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法国绘画:共和到来 作者:Janet Lange
如果法律是非正义的,它就不能存在。
——奥古斯丁(古罗马) 《论自由意志》