什么是行政命令?(美國美中報道)

1月20日,美国第46任总统乔·拜登(Joe Biden)宣誓就职后在白宫签署文件。(© Jim Lo Scalzo/AFP/Getty Images)

President Biden signs documents after being sworn in as the 46th president on January 20 in Washington. (© Jim Lo Scalzo/AFP/Getty Images)

根据美国宪法(U.S. Constitution),美国国会(Congress)作为立法分支拥有立法权,行政分支负责实施和执行有关法律。

在某些情况下,总统也可以自行通过发布行政命令发挥立法功能,但国会对这项权力的解释往往比总统更狭隘。

行政命令具有法律效力,有助于行政分支履行自己的责任。行政命令的授权或者来自宪法赋予总统的权力,或者来自国会在某具体法律中授予总统代行的权力。

与在一般情况下经国会通过并由总统签署的法律一样,行政命令也可以经法庭裁定被撤消,或被新的立法或者新的行政命令取代。

总统通常在需要采取紧急行动的情况下发布行政命令,在正式的立法程序没有来得及完成时提供指令。美国历史上最著名的行政命令之一是亚伯拉罕•林肯(Abraham Lincoln)总统1863年发布的解放宣言(Emancipation Proclamation)。

On his first day in office, President Biden issued 17 executive actions addressing his administration’s most urgent policy priorities.

Under the U.S. Constitution, the legislative branch (Congress) has the power to enact laws. The executive branch is charged with implementing and enforcing those laws.

Sometimes the president can function as a lawmaker in his own right by issuing an executive order, although Congress usually interprets that authority more narrowly than the president.

Executive orders are issued to help the executive branch carry out its duties, and they have the force of law. An order’s authority comes either from a power granted to the president by the Constitution or from power delegated to the president by Congress in a specific law.

Just like laws passed in the usual way — enacted by Congress and signed by the president — executive orders can be reviewed by the courts and can be struck down. They can also be overwritten by new legislation or new executive orders.

Executive orders are useful when action is urgently needed, and can provide direction until the formal lawmaking process catches up. One of the most famous executive orders in U.S. history was President Abraham Lincoln’s 1863 Emancipation Proclamation.

This article was originally published December 16, 2014.

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