特朗普律师声称特朗普有权拆除自由女神像Trump Lawyer Argues Trump Can Tear Down Statue of Liberty
在一场关于白宫东翼拆除和扩建计划的法庭听证会上，法官提出了一个极端假设：总统是否可以合法拆除自由女神像。代表司法部的律师明确表示，总统确实有权做出这样的决定，且不受任何法律挑战的约束。这一言论揭示了当前行政权力扩张所带来的严峻法律与宪政争议。上诉法院法官的质询成功将政府律师的论点推向了荒谬的极端。
Josh Marshall
In a hearing today about the president’s bulldozing of the East Wing of the White House and plans to build a vast ballroom, a judge asked if the president could also bulldoze the Statue of Liberty and be subject to no legal challenge. The DOJ lawyer, Yaakov Roth, said that yes, President Trump could decide tomorrow to bulldoze the Statue of Liberty and no one could stop him.
It was a good question from DC Court of Appeals Judge Patricia Millett since it brings the arguments and their implications clearly into the open. Reframe the question and the absurdity of this proposition becomes even more clear. If you hire someone to administer your estate, can they burn down the buildings on your estate or chop it up into parcels and sell it off? Presumably not. You hired them to run it, not to destroy it or sell it. It’s not theirs. They were hired for a specific task. That person is your employee. The president is hired to administer the country and enforce it’s laws for four years. He doesn’t own the country or its properties.
These absurdities are just the degenerate spawn of the corrupt and ahistorical “unitary executive” theory of presidential power, a whole concept totally alien to the people who created the presidency and one whose main intellectual roots go back to a Nazi ideologue. It’s the guiding theory of the Roberts Court, except of course when the president is a Democrat. Corrupt theory in, degenerate spawn outcomes out. That’s just how it works.
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