什么是美国的三权分立?

    China does not have separation of powers.
    中国没有实行三权分立。

    But that did not stop Chinese Supreme People's Court Judge He Fan from calling President Donald Trump an "enemy of the rule of law."
    但是这并不妨碍中国最高人民法院的何帆法官称川普总统是“法治之敌”。

    He said Trump should not have criticized federal Judge James Robart for temporarily blocking his executive order on immigration.
    何帆说,川普不应该因为联邦法官詹姆斯·罗巴特(James Robart)暂停执行他的移民行政命令而批评他。

    Under the U.S. system of separation of powers, a president should accept his loss silently and not attack the judge who ruled against him, He wrote.
    何帆写道,根据美国的三权分立制度,总统应该默默地接受失败,而不能攻击否决他的法官。

    What is the separation of powers?
    什么是三权分立?

    The U.S. Constitution set up three separate but equal branches of government: the legislative branch, or Congress, makes the law; the executive, led by the president, executes the law; and the judicial, or courts, interprets the law.
    美国宪法设立了三个各自独立但又平等的政府部门:立法部门或国会负责立法,总统领导的行政部门负责执法,而司法或法院负责释法。

    The idea is to divide power so each branch of government has its own powers and limits. But fights over how to apply these divisions of power have been frequent, up to and including Trump's travel ban.
    这种想法是为了分散权力,这样每个政府部门都有其权力与限制。但是就如何应用这些权力分割的斗争经常发生,最近的就包括川普的旅行禁令。

    On January 27, President Trump signed an executive order to temporarily stop travel to the U.S. from seven Muslim majority nations.
    1月27日,川普总统签署行政命令,暂时禁止从7个穆斯林占多数的国家进入美国。

    After Judge Robart blocked his order, Trump went on Twitter to call Judge Robart a "so-called judge." He said Robart's decision was "ridiculous," and opened the United States to possible terror attack.
    在罗巴特冻结他的命令之后,川普在推特上称罗巴特是一位“所谓的法官”。他说,罗巴特的裁决是“荒谬的”,并且打开了美国遭遇潜在恐怖袭击的大门。

    On Tuesday, the federal appeals court in San Francisco heard arguments on whether Judge Robart's order against Trump's travel ban should be overturned. The court is expected to rule this week on the appeal from the Trump administration.
    本周二,旧金山联邦上诉法院听取了是否应该推翻罗巴特法官对川普旅行禁令不利裁决的辩护。预计该院将在本周对川普政府的上诉做出裁决。

    Josh Chafetz is a professor of law at Cornell University in New York. He said Trump's criticism was unusual, coming so early in his presidency. By calling Robart a "so-called judge," Trump seems to be questioning his standing as a judge, Chafetz said.
    乔希·查菲茨(Josh Chafetz)是纽约康奈尔大学的一名法学教授。他说,川普的批评来得如此之早,这是不寻常的。查菲茨说,川普称罗巴特是“所谓的法官”,似乎是在质疑他的法官地位。

    Randy Barnett, a law professor of Georgetown University, sees Trump's criticism of the judge as "mildly disrespectful."
    乔治敦大学法学教授兰迪·巴奈特(Randy Barnett)认为川普对该法官的批评“略为不尊重”。

    But he said it does not compare to President Barack Obama's criticism of the Supreme Court during a 2010 speech before Congress. Obama was criticizing a Supreme Court decision that permitted unlimited donations to political campaigns.
    但他表示,这比不上奥巴马总统2010年在国会发表讲话时对最高法院的批评。奥巴马当时批评了最高法院允许无限政治捐赠的裁决。

    Barnett said that the judges were in the audience as Obama criticized them. The Democrats in the audience stood and cheered.
    巴奈特表示,当奥巴马批评法官时,这些法官都是台下听众。台下的民主党人还站起来欢呼。

    Battles over separation of powers
    三权分立之争

    There have been many battles among the three branches of government over separation of powers in U.S. history.
    在美国历史上,三个政府部门就三权分立有过多次争斗。

    The Supreme Court's first decision about "separation of powers" came in 1803. The court ruled it had the power to reject a law passed by Congress if it found the law unconstitutional.
    美国最高法院于1803年做出了对三权分立的首项裁决。最高法裁定,如果它认为国会通过的某项法律违宪,就有权否决它。

    In 1832, President Andrew Jackson did not like a decision by the Supreme Court, led by Justice John Marshall. The decision ended states' law on land that belonged to Native American tribes.
    1832年,安德鲁·杰克逊(Andrew Jackson)总统不喜欢最高法院由约翰·马歇尔(John Marshall)法官主持的一项裁决。该裁决终止了各州对美国土著部落所属土地的法律。

    Jackson reportedly said, "John Marshall has made his decision, now let him enforce it."
    据传杰克逊说,“马歇尔做出了裁决,现在就让他去执行这一裁决吧。”

    Nearly 100 years later, President Franklin Roosevelt proposed to increase the number of justices on the Supreme Court from nine to 15. His critics accused him of trying to "pack the court." They said he wanted to appoint justices supportive of his policies to get around opposition from the sitting justices. The proposal failed to pass in Congress.
    近一百年之后,富兰克林·罗斯福(Franklin Roosevelt)总统建议将最高法院的法官人数从9人增加到15人。他的批评者指责他试图“塞满法院”。他们说,罗斯福总统想要任命支持其政策的法官,以规避已有法官的反对。该提案未能在国会获得通过。

    Among the court's other important rulings was a 1974 decision ordering President Richard Nixon to release tape recordings in what was known as the Watergate scandal. The scandal led to Nixon's resignation.
    最高法院的其它重要裁决包括1974年裁决命令理查德·尼克松(Richard Nixon)总统公布所谓水门事件中的磁带录音。该丑闻导致了尼克松的辞职。

    Some legal experts have questioned whether Trump will comply with court orders. Barnett, the Georgetown professor, said it is a good sign that the Trump administration stopped the travel ban after Judge Robart's ruling.
    一些法律专家质疑过川普是否会遵守法院命令。乔治敦大学的巴奈特教授表示,川普政府在罗巴特法官裁决后停止了旅行禁令,这是一个好兆头。

    But Trump has argued that he feels strongly his immigration ban is needed. This is what he tweeted Wednesday morning:
    但是川普反驳称,他强烈认为他的移民禁令是必要的。以下是他周三早上发表的推文:

    "If the U.S. does not win this case as it so obviously should, we can never have the security and safety to which we are entitled. Politics!"
    “如果美国不能赢得这个显然应该赢得的案件,我们就永远不可能拥有我们有权拥有的安保和安全。这全是因为政治!”

    I'm Jill Robbins. And I'm Bruce Alpert.
    我是吉尔·罗宾斯。我是布鲁斯·阿尔伯特。(51VOA.COM对本文翻译保留全部权利,未经授权请勿转载,违者必究!)