监管全球最大预算、掌管美国最大雇主实体、并被特别委托代表选民利益的人——国会,竟然没有广泛的受托责任。
The people who oversee the largest budget in the world, who are in charge of an entity ultimately responsible for the largest number of employees in the U.S., and who are put in charge specifically to represent constituents somehow have no broad fiduciary duty — Congress.
在大多数大型企业中,尤其是所有上市公司,都会设立董事会来代表企业的利益相关者。这被称为受托责任,通俗地说,就是代表他人行事时必须以被代表者的最佳利益为重的法律义务。这也伴随着后果,因为作为受托人,如果你将个人利益置于被代表者利益之上,或因疏忽或判断失误,都可能被起诉。
In most large businesses, and certainly every publicly traded one, a board of directors is put in place to represent that business’s stakeholders. This is referred to as a fiduciary duty, which, in layman’s terms, is a legal obligation to act in the best interests of those you represent. It also comes with consequences, because as a fiduciary, you can be sued for putting your interests ahead of those you represent or for negligence or bad judgment.
受托关系不仅存在于公司中,也存在于某些财务顾问关系和受托人关系中。受托关系是一种法律关系,意味着掌权者必须依法诚实守信、审慎行事、避免利益冲突,并对被代表方值得信赖。
Fiduciary relationships come into place not only in companies, but for certain financial advisory relationships and trustees as well. The fiduciary relationship is a legal one, which means those in charge must legally act honestly and with care, avoid conflicts of interest and be trustworthy to the parties they represent.
前众议院民主党人抨击国会股票交易禁令为“胡扯”,如今竞选回归却改口 然而,国会设法避开了这一点。当然,他们宣誓遵守“道德”准则,并有一些在我看来相当薄弱的披露和道德规则。但那些负责立法和通过预算的人(如果你能称经常性且压倒性的超支为“预算”的话)没有真正的法律受托角色。
EX-HOUSE DEM WHO RIPPED CONGRESSIONAL STOCK TRADING BAN AS 'BULLS---' CHANGES HER TUNE IN COMEBACK BID Somehow, Congress has managed to avoid this. Sure, they take a "moral" oath and have some fairly weak, in my opinion, disclosure and ethics rules. But the people who are in charge of making laws and passing budgets (if you can call regular and overwhelming overspending a "budget") have no true legal, fiduciary role.
我们已经看到了并为此付出了代价。国家债务超过40万亿美元。国会每年支出约7万亿美元,比收入多出2万亿美元。他们一直是推动美国民众面临大规模通胀的核心力量。作为一个国家,我们现在支付的债务利息比国防开支还要多,而后者才是政府应当履行的正当职责之一。
We have seen and paid the price for this. The national debt exceeds $40 trillion. Congress spends around $7 trillion a year, $2 trillion more than it takes in. They have been at the center of driving massive inflation for the American people. We, as a country, are now paying more for the interest on our debt than we are for the defense of our country, the latter being one legitimate thing government should be doing.
共和党财政保守派对“失控”的联邦开支敲响警钟:“两党都让我们失望了”我们目睹国会制定并通过一些法律,这些法律偏袒特定群体,却损害其他群体的利益。我们也看到议员们通过股票交易中饱私囊——尽管2012年便出台了《股票交易法》来加以限制。
GOP FISCAL HAWK SOUNDS ALARM ON 'OUT OF CONTROL' FEDERAL SPENDING, SAYING 'BOTH PARTIES HAVE FAILED US' We have seen Congress write and pass laws that tip the scales in favor of certain groups at the expense of others. We have seen them enrich themselves through stock trading (despite the STOCK Act of 2012).
我们还看到,尽管大多数美国民众都支持限制议员任期,这一诉求却始终被忽视;结果便是许多议员在履职能力上明显下降。
We have seen calls for term limits, an issue which the majority of Americans favor, be ignored, sometimes even leaving members of Congress with clearly diminished capacity in their roles.
正如我此前所写,经常有人问我国家债务危机能否得到解决。我的回答始终包含两层含义:我们确实拥有解决问题的手段,却缺乏相应的政治机制来实施。
As I have written about previously, I am often asked if the national debt crisis is solvable. And the answer comes always in two parts: we do have the tools to do so, but we do not have the political structure to do so.
倘若国会无需为民众利益行事,倘若我们无法追究其失职行为,倘若我们唯一的手段仅仅是威胁要把他们赶下台,那么一切都不会有任何改变。
If Congress has no obligation to do what is in our best interest instead of theirs, if we cannot hold them accountable for misdeeds, and if our only real recourse is threatening to vote them out of office, nothing is going to change.
参议员兰德·保罗:预算赤字已失控,国会必须通过我的“六美分计划”在私营领域,那些负责处理重大法律与财务事务的人必须对委托人尽到信托责任;然而如今规模庞大的美国政府却无需承担此类义务,就连那些代表美国民众的议员也不例外——这实在有失公允。 当掌有巨大权力且能支配他人钱财的议员们无需为所代表的民众谋利益时,国家出现巨额债务与治理失灵也就在所难免。
SEN RAND PAUL: OUR BUDGET DEFICIT IS OUT OF CONTROL. CONGRESS MUST PASS MY SIX PENNY PLAN It is truly not right that those who act in the capacity of others on serious legal and financial matters in the private sector have a fiduciary obligation to those they represent, yet the behemoth that our government has become bears no such obligation, including from those who represent the American people. CLICK HERE FOR MORE FOX NEWS OPINION When individuals bear no requirement to act in the best interests of those they represent, and they are given access to great power and other people’s money, of course, we are going to end up with massive debt and a dysfunctional country.
我们理应要求议员们具备责任心、诚信与使命感。这应当是一项法律义务,而非仅仅停留在理论层面。
We should require care, trust and duty from our representatives. And it should be a legal obligation, not a theoretical one.