George Washington and Executive Power

J. Yoo
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引用次数: 1

Abstract

A singular factor influenced the ratification of the Constitution's article on the Presidency: All understood that George Washington would be elected the first President. It is impossible to understate the standing of the "Father of his Country" among his fellow Americans. He had established America's fundamental constitutional principle-civilian control of the military-before there was even a Constitution. Throughout his command of the Continental Army, General Washington scrupulously observed civilian orders and restrained himself when a Congress on the run granted him dictatorial powers. He had even quelled, by his mere presence, a potential coup d'6tat by his officers in 1783.' Washington cannot be quantified as an element of constitutional law, but he was probably more important than any other factor. The Revolutionary War had revealed Congress to be feeble, and the states to be unreliable. Washington had exercised broad executive and administrative authorities that went well beyond battlefield command to keep the army supplied. This experience made Washington a firm nationalist who supported a more effectively organized and vigorous national government. Though he barely spoke at the Constitutional Convention, Washington placed his considerable prestige behind the enterprise. During ratification, he launched a one-man letter-writing campaign to encourage Federalists throughout the country, and particularly in his critical home state of Virginia, to win the Constitution's approval. Washington remains the only President to be elected by a unanimous vote of the Electoral College. Because the American Republic grew so successfully, we tend to treat Washington's decisions with an air of inevitability, but the constitutional
乔治·华盛顿和行政权力
一个单一的因素影响了宪法关于总统职位的条款的批准:所有人都知道乔治·华盛顿将被选为第一任总统。要想低估这位“国父”在美国同胞中的地位是不可能的。在美国甚至没有宪法之前,他就确立了美国基本的宪法原则——文官控制军队。在他指挥大陆军的整个过程中,华盛顿将军严格遵守民事命令,并在逃亡中的国会授予他独裁权力时克制自己。1783年,他甚至仅凭自己的存在就平息了一场军官们可能发动的政变。华盛顿不能被量化为宪法的一个因素,但他可能比其他任何因素都重要。独立战争暴露了国会的软弱,各州的不可靠。华盛顿行使了广泛的行政权力,远远超出了战场指挥,以保持军队的供应。这一经历使华盛顿成为一个坚定的民族主义者,他支持一个组织更有效、更有活力的国家政府。尽管华盛顿在制宪会议上几乎没有发言,但他在这项事业背后有着相当大的威望。在批准宪法的过程中,他发起了一个人写信的运动,鼓励全国各地的联邦党人,特别是在他关键的家乡弗吉尼亚州,赢得宪法的批准。华盛顿仍然是唯一一位由选举人团一致投票选出的总统。因为美利坚共和国发展得如此成功,我们倾向于用一种不可避免的态度对待华盛顿的决定,但宪法
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