The article argues that recent executive overreach and politicization have severely undermined established norms of U.S. civil-military relations. To restore professional standards, the incoming Congress must actively exercise its oversight powers, moving beyond mere criticism to demanding transparency in defense policy and personnel decisions. Key reforms include enforcing meritocratic promotion processes, requiring documented justification for senior officer removals, and preventing the partisan use of the military. These actions are crucial for bolstering public trust and ensuring the military remains a nonpartisan instrument of civilian control.
Criminal Justice vs. Unitary Executive Theory
English Summary
While Unitary Executive Theory grants the President broad authority over federal departments, exercising this power in individual criminal prosecutions constitutes poor public management that erodes institutional integrity. The author argues that respecting the norm of DOJ separation—which prevents presidential interference in specific legal cases—is critical for maintaining public confidence and ensuring law enforcement neutrality. Ignoring this established cultural norm weakens the federal government's ability to execute laws faithfully, risking a 'death spiral' of politicization and diminishing the credibility of justice institutions.
中文摘要
儘管單一行政權理論賦予總統對聯邦部門廣泛的權力,但將此權力用於個別刑事起訴案件,構成了不當的公共治理行為,並侵蝕了制度的完整性。作者主張,尊重司法部(DOJ)分離規範——即防止總統干預特定法律案件的常規做法——對於維持公眾信任和確保執法中立至關重要。忽視這一既定的文化規範,會削弱聯邦政府忠實執行法律的能力,可能導致政治化陷入「惡性循環」,進而降低司法機構的可信度。
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