Supreme Court Zach GIbson/Getty Images

不受制衡的特朗普?

纽约—2016年美国总统大选让共和党同时控制了总统、参议院和众议院,它将如何影响引起纷纷议论的美国宪法所规定的制衡制度?在我看来,它基本上已经取消了制衡。

司法部门的制衡显然岌岌可危。除非民主党不间断地进行冗长演讲,否则共和党将填补最高法院的出缺,而他们曾经阻止了民主党总统奥巴马填补空缺。而年事越来越高的最高法院很快还会有更多的席位出缺——这些席位目前都控制在自由派和中间派法官手中。因此,共和党很有机会在九人组成的最高法院形成保守派多数,并且保持这一多数数十年,特别是如果他们在2020年再次赢得总统选举的话。

这一多数可能损害民主制衡,比如竞选融资限制。2010年公民联合会案(Citizens United)裁决给了竞选融资限制沉重一击。最高法院以5比4多数裁定公司是“个体组成的联合体”,因此对公司为政治竞选花多少钱施加任何限制都违反了宪法第一修正案的言论自由权。

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