移民、环境、行政行为和行政部门的限制
BU Law faculty share insights into the first week of Donald Trump’s presidency.
The 波士顿大学法学院 community gathered last week to explore the legal foundations of the policies enacted in the first week of Donald Trump’s presidency. “The transition from President Barack Obama to President Donald Trump has created a lot of concerns among our community, many of which are around law and policy,” said Associate Dean for Experiential Education 佩吉·梅塞尔, who moderated the conversation.
四名精通移民法、环境法、宪法和行政法等领域的法学教授讨论了学生提出的问题，这是一系列旨在帮助这些未来的律师理解政治过程和政府各部门权力范围的活动的第一部分。 尽管澳门威尼斯人注册网站们在规定的时间内尽可能多地进行了讨论，但仍有许多问题没有得到解答，这为学院继续举办此类活动留下了空间。 “I see this as the beginning of the conversation,” Associate Dean Maisel said.
In response to the President’s statements that the exchange of goods and services at fair market value does not violate the emoluments clause of the Constitution, Professor Jay Wexler argued the real problem is that foreign governments may choose a Trump product or service in order to curry favor with the President, an act that may be interpreted as a gift and so present serious conflicts of interest whether or not the fair market value was paid.
Providing context around the executive orders relating to immigration that were signed last week, Clinical Associate Professor 凯伦·皮塔·鲁尔 focused on the President’s power as it relates to immigration law, the obstacles in place to prevent the expansion of the wall bordering Mexico and the US, and the proposed funding cuts to sanctuary cities. Regarding the suspension of Visa issuance and refugee resettlement programs from seven majority Muslim countries, Pita Loor noted the President’s wide range of control over the regulation of noncitizens entering the US. “Part of the issue with Trump’s policies concern legality and constitutionality,” she said, “but the other part is about good policy.”
Professor 杰克Beermann compared the transition of power and the first week of the Trump administration with the 1980 election, in which Ronald Reagan came to power promising similar upheaval. “In truth,” Beermann said, “he deregulated less then President Carter and raised taxes, so you don’t know what you’re going to get based on what a candidate campaigns on.” 在谈到行政命令的影响范围时，他指出，法院有权否决任何将法律义务强加于行政部门以外的个人或机构的命令。 然而，在拨款方面，总统确实有广泛的自由裁量权，以他选择的方式花钱，尽管国会可以反对这一点。
As a counter-balance to the conversation, Philip S. Beck Professor 加里·劳森, who describes himself as a constitutional originalist, focused on the potential to rein in the power of the executive branch. “Congress is supposed to pass laws that operate as laws rather than designating people or agencies to do things,” he said. 要做到这一点，所有三个分支必须协同工作。 他断言，政党之间的冲突和国会的阻挠导致总统选举比最初预期的要重要得多，因为实施变革的唯一途径是通过行政命令。 “There are many people involved in the legal side of the Trump administration who have the same concerns. We’re looking at now a rare alignment of forces that are willing to curtail the power of the executive.”
