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.
Three Process lessons
English Summary
The U.S. policy landscape faces increasing procedural and legal uncertainty across multiple fronts. Legally, the Supreme Court significantly limited the use of the Alien Tort Statute for human rights violations, providing certainty to corporations but pressuring Congress to legislate new remedies. Commercially, ongoing Section 301 tariffs risk exceeding negotiated caps with allies like the EU, potentially triggering trade disputes and slowing negotiations. Furthermore, the non-renewal of USMCA triggers an uncharted review process, creating a conflict between the executive branch's desire for limited Congressional oversight and Congress's insistence on full legislative approval.
中文摘要
美國的政策環境正從多個層面面臨日益增加的程序和法律不確定性。在法律方面,最高法院大幅限制了《外國人酷刑訴訟條例》(Alien Tort Statute)在涉及人權侵犯案件中的使用範圍,這為企業提供了法律確定性,但也促使國會必須立法制定新的補救措施。在商業層面,持續的301條關稅有超出與歐盟等盟友協商上限的風險,可能引發貿易爭端並減緩談判進程。此外,美墨加協定(USMCA)未續簽,觸發了一項未知審查程序,這在行政部門希望限制國會監督權力與國會堅持要求全面立法批准之間造成了衝突。
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