What checks exist against overuse of presidential pardons in the USA?Could a US President abuse their pardon powers to unilaterally make laws?Why is the US president allowed to grant a pardonCould the SCOTUS void a Presidential Pardon?Could the SCOTUS void a Presidential Pardon?What defines a presidential term in the USA?Can presidential pardons be made and then classified as secret to avoid making the pardon public?Can the USA president use military force against his/her own citizens without approval?Does a Presidential Pardon apply to other crimes which are uncovered during the investigation of the pardoned crime?Where can I find the text of Joe Arpaio's Presidential Pardon?What checks & balances exist on covert operations?The politics of the US presidential pardon in 2018Why doesn't the Presidential Pardon power extend to State Crimes?
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What checks exist against overuse of presidential pardons in the USA?
Could a US President abuse their pardon powers to unilaterally make laws?Why is the US president allowed to grant a pardonCould the SCOTUS void a Presidential Pardon?Could the SCOTUS void a Presidential Pardon?What defines a presidential term in the USA?Can presidential pardons be made and then classified as secret to avoid making the pardon public?Can the USA president use military force against his/her own citizens without approval?Does a Presidential Pardon apply to other crimes which are uncovered during the investigation of the pardoned crime?Where can I find the text of Joe Arpaio's Presidential Pardon?What checks & balances exist on covert operations?The politics of the US presidential pardon in 2018Why doesn't the Presidential Pardon power extend to State Crimes?
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In some countries, the head of state can pardon anyone for alleged crimes. For example, in Nazi Germany, Adolf Hitler pardoned murderers of communists and Soviet prisoners of war, in those cases in which those crimes were actually prosecuted and resulting in a conviction.
In the U.S.A., the President can also pardon anyone for (alleged) federal crimes. What checks and balances exist to prevent a U.S. President from pardoning anyone convicted for a federal crime when he or she thinks that shouldn't be a crime in the first place (apart from losing re-election if such pardons are impopular)? Reportedly, President Trump has said has said that officials who take private land in order to build a border wall will be pardoned (a White House official has reportedly said this was a joke).
united-states president pardon
add a comment |
In some countries, the head of state can pardon anyone for alleged crimes. For example, in Nazi Germany, Adolf Hitler pardoned murderers of communists and Soviet prisoners of war, in those cases in which those crimes were actually prosecuted and resulting in a conviction.
In the U.S.A., the President can also pardon anyone for (alleged) federal crimes. What checks and balances exist to prevent a U.S. President from pardoning anyone convicted for a federal crime when he or she thinks that shouldn't be a crime in the first place (apart from losing re-election if such pardons are impopular)? Reportedly, President Trump has said has said that officials who take private land in order to build a border wall will be pardoned (a White House official has reportedly said this was a joke).
united-states president pardon
2
A related question discusses (without coming to a clear conclusion) whether the Supreme Court can void a pardon given as part of a scheme to commit a crime: Could the SCOTUS void a Presidential Pardon?
– divibisan
10 hours ago
2
Another related question: Could a US President abuse their pardon powers to unilaterally make laws?
– divibisan
9 hours ago
1
The pardon for any criminal act committed in taking the land doesn't stop the landowner from enforcing his or her ownership rights in court. That's not a criminal matter, and pardon power has no effect on the outcome. Similarly you can sue for civil damages related to infringement of property rights and perhaps other civil rights.
– phoog
5 hours ago
1
@phoog Tell that the President ;-)
– gerrit
4 hours ago
add a comment |
In some countries, the head of state can pardon anyone for alleged crimes. For example, in Nazi Germany, Adolf Hitler pardoned murderers of communists and Soviet prisoners of war, in those cases in which those crimes were actually prosecuted and resulting in a conviction.
In the U.S.A., the President can also pardon anyone for (alleged) federal crimes. What checks and balances exist to prevent a U.S. President from pardoning anyone convicted for a federal crime when he or she thinks that shouldn't be a crime in the first place (apart from losing re-election if such pardons are impopular)? Reportedly, President Trump has said has said that officials who take private land in order to build a border wall will be pardoned (a White House official has reportedly said this was a joke).
united-states president pardon
In some countries, the head of state can pardon anyone for alleged crimes. For example, in Nazi Germany, Adolf Hitler pardoned murderers of communists and Soviet prisoners of war, in those cases in which those crimes were actually prosecuted and resulting in a conviction.
In the U.S.A., the President can also pardon anyone for (alleged) federal crimes. What checks and balances exist to prevent a U.S. President from pardoning anyone convicted for a federal crime when he or she thinks that shouldn't be a crime in the first place (apart from losing re-election if such pardons are impopular)? Reportedly, President Trump has said has said that officials who take private land in order to build a border wall will be pardoned (a White House official has reportedly said this was a joke).
united-states president pardon
united-states president pardon
edited 10 hours ago
gerrit
asked 10 hours ago
gerritgerrit
23.1k11 gold badges93 silver badges206 bronze badges
23.1k11 gold badges93 silver badges206 bronze badges
2
A related question discusses (without coming to a clear conclusion) whether the Supreme Court can void a pardon given as part of a scheme to commit a crime: Could the SCOTUS void a Presidential Pardon?
– divibisan
10 hours ago
2
Another related question: Could a US President abuse their pardon powers to unilaterally make laws?
– divibisan
9 hours ago
1
The pardon for any criminal act committed in taking the land doesn't stop the landowner from enforcing his or her ownership rights in court. That's not a criminal matter, and pardon power has no effect on the outcome. Similarly you can sue for civil damages related to infringement of property rights and perhaps other civil rights.
– phoog
5 hours ago
1
@phoog Tell that the President ;-)
– gerrit
4 hours ago
add a comment |
2
A related question discusses (without coming to a clear conclusion) whether the Supreme Court can void a pardon given as part of a scheme to commit a crime: Could the SCOTUS void a Presidential Pardon?
– divibisan
10 hours ago
2
Another related question: Could a US President abuse their pardon powers to unilaterally make laws?
– divibisan
9 hours ago
1
The pardon for any criminal act committed in taking the land doesn't stop the landowner from enforcing his or her ownership rights in court. That's not a criminal matter, and pardon power has no effect on the outcome. Similarly you can sue for civil damages related to infringement of property rights and perhaps other civil rights.
– phoog
5 hours ago
1
@phoog Tell that the President ;-)
– gerrit
4 hours ago
2
2
A related question discusses (without coming to a clear conclusion) whether the Supreme Court can void a pardon given as part of a scheme to commit a crime: Could the SCOTUS void a Presidential Pardon?
– divibisan
10 hours ago
A related question discusses (without coming to a clear conclusion) whether the Supreme Court can void a pardon given as part of a scheme to commit a crime: Could the SCOTUS void a Presidential Pardon?
– divibisan
10 hours ago
2
2
Another related question: Could a US President abuse their pardon powers to unilaterally make laws?
– divibisan
9 hours ago
Another related question: Could a US President abuse their pardon powers to unilaterally make laws?
– divibisan
9 hours ago
1
1
The pardon for any criminal act committed in taking the land doesn't stop the landowner from enforcing his or her ownership rights in court. That's not a criminal matter, and pardon power has no effect on the outcome. Similarly you can sue for civil damages related to infringement of property rights and perhaps other civil rights.
– phoog
5 hours ago
The pardon for any criminal act committed in taking the land doesn't stop the landowner from enforcing his or her ownership rights in court. That's not a criminal matter, and pardon power has no effect on the outcome. Similarly you can sue for civil damages related to infringement of property rights and perhaps other civil rights.
– phoog
5 hours ago
1
1
@phoog Tell that the President ;-)
– gerrit
4 hours ago
@phoog Tell that the President ;-)
– gerrit
4 hours ago
add a comment |
2 Answers
2
active
oldest
votes
Given that "an impeachable offense is whatever half of the House of Representatives considers it to be", impeachment could be a possible remedy if a President's actions were flagrantly immoral and/or sufficiently unpopular. The Constitution says that a president can be impeached and removed if they commit "high crimes or misdemeanors", but this term is not defined elsewhere in the constitution, and was understood by (at least some of) the Founders to be a catch-all for any betrayal of the public trust.
Contemporaneous comments on the scope of impeachment are persuasive as to the intention of the framers. In Federalist No. 65, Alexander Hamilton described the subject of impeachment as
those offences which proceed from the misconduct of public men, or, in other words, from the abuse or violation of some public trust. They are of a nature which may with peculiar propriety be denominated POLITICAL, as they relate chiefly to injuries done immediately to the society itself.
In fact, the Founders in fact explicitly considered impeachment to be a remedy for abuse of the pardon power. The possibility of abuse of the pardon power came up during the debates on the Constitution, with George Mason arguing that the President should not have a pardon power lest he pardon those he had conspired with to commit a crime. James Madison pointed out that impeachment would be a valid remedy in such cases. [Thanks to @BradC for providing this link in the comments.]
1
I agree with the content of your answer, but I think the caveats are unnecessary; impeachment is, and was intended to be by the founders the remedy for abuse of pardon. Regarding your final paragraph; unless you think any impeachment is a "constitutional crisis" (which some do argue), impeaching the president for this kind of abuse is clearly and explicitly anticipated by the constitution.
– BradC
8 hours ago
1
(as evidenced by the "except in cases of impeachment" clause added to the pardon power)
– BradC
7 hours ago
1
This is in fact an empty counter. Most presidents wait until his final hours or days in office to grant the most controversial pardons...
– dolphin_of_france
4 hours ago
add a comment |
Theoretically, the congress could try to impeach.
BUT, in reality, presidents often wait until his final days/hours to grant the most controversial pardons.
And once a pardon is granted, there is no recall of the pardon.
Therefore, there is really no checks to pardon power, making it the most KING like power the presidency holds.
add a comment |
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2 Answers
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2 Answers
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votes
Given that "an impeachable offense is whatever half of the House of Representatives considers it to be", impeachment could be a possible remedy if a President's actions were flagrantly immoral and/or sufficiently unpopular. The Constitution says that a president can be impeached and removed if they commit "high crimes or misdemeanors", but this term is not defined elsewhere in the constitution, and was understood by (at least some of) the Founders to be a catch-all for any betrayal of the public trust.
Contemporaneous comments on the scope of impeachment are persuasive as to the intention of the framers. In Federalist No. 65, Alexander Hamilton described the subject of impeachment as
those offences which proceed from the misconduct of public men, or, in other words, from the abuse or violation of some public trust. They are of a nature which may with peculiar propriety be denominated POLITICAL, as they relate chiefly to injuries done immediately to the society itself.
In fact, the Founders in fact explicitly considered impeachment to be a remedy for abuse of the pardon power. The possibility of abuse of the pardon power came up during the debates on the Constitution, with George Mason arguing that the President should not have a pardon power lest he pardon those he had conspired with to commit a crime. James Madison pointed out that impeachment would be a valid remedy in such cases. [Thanks to @BradC for providing this link in the comments.]
1
I agree with the content of your answer, but I think the caveats are unnecessary; impeachment is, and was intended to be by the founders the remedy for abuse of pardon. Regarding your final paragraph; unless you think any impeachment is a "constitutional crisis" (which some do argue), impeaching the president for this kind of abuse is clearly and explicitly anticipated by the constitution.
– BradC
8 hours ago
1
(as evidenced by the "except in cases of impeachment" clause added to the pardon power)
– BradC
7 hours ago
1
This is in fact an empty counter. Most presidents wait until his final hours or days in office to grant the most controversial pardons...
– dolphin_of_france
4 hours ago
add a comment |
Given that "an impeachable offense is whatever half of the House of Representatives considers it to be", impeachment could be a possible remedy if a President's actions were flagrantly immoral and/or sufficiently unpopular. The Constitution says that a president can be impeached and removed if they commit "high crimes or misdemeanors", but this term is not defined elsewhere in the constitution, and was understood by (at least some of) the Founders to be a catch-all for any betrayal of the public trust.
Contemporaneous comments on the scope of impeachment are persuasive as to the intention of the framers. In Federalist No. 65, Alexander Hamilton described the subject of impeachment as
those offences which proceed from the misconduct of public men, or, in other words, from the abuse or violation of some public trust. They are of a nature which may with peculiar propriety be denominated POLITICAL, as they relate chiefly to injuries done immediately to the society itself.
In fact, the Founders in fact explicitly considered impeachment to be a remedy for abuse of the pardon power. The possibility of abuse of the pardon power came up during the debates on the Constitution, with George Mason arguing that the President should not have a pardon power lest he pardon those he had conspired with to commit a crime. James Madison pointed out that impeachment would be a valid remedy in such cases. [Thanks to @BradC for providing this link in the comments.]
1
I agree with the content of your answer, but I think the caveats are unnecessary; impeachment is, and was intended to be by the founders the remedy for abuse of pardon. Regarding your final paragraph; unless you think any impeachment is a "constitutional crisis" (which some do argue), impeaching the president for this kind of abuse is clearly and explicitly anticipated by the constitution.
– BradC
8 hours ago
1
(as evidenced by the "except in cases of impeachment" clause added to the pardon power)
– BradC
7 hours ago
1
This is in fact an empty counter. Most presidents wait until his final hours or days in office to grant the most controversial pardons...
– dolphin_of_france
4 hours ago
add a comment |
Given that "an impeachable offense is whatever half of the House of Representatives considers it to be", impeachment could be a possible remedy if a President's actions were flagrantly immoral and/or sufficiently unpopular. The Constitution says that a president can be impeached and removed if they commit "high crimes or misdemeanors", but this term is not defined elsewhere in the constitution, and was understood by (at least some of) the Founders to be a catch-all for any betrayal of the public trust.
Contemporaneous comments on the scope of impeachment are persuasive as to the intention of the framers. In Federalist No. 65, Alexander Hamilton described the subject of impeachment as
those offences which proceed from the misconduct of public men, or, in other words, from the abuse or violation of some public trust. They are of a nature which may with peculiar propriety be denominated POLITICAL, as they relate chiefly to injuries done immediately to the society itself.
In fact, the Founders in fact explicitly considered impeachment to be a remedy for abuse of the pardon power. The possibility of abuse of the pardon power came up during the debates on the Constitution, with George Mason arguing that the President should not have a pardon power lest he pardon those he had conspired with to commit a crime. James Madison pointed out that impeachment would be a valid remedy in such cases. [Thanks to @BradC for providing this link in the comments.]
Given that "an impeachable offense is whatever half of the House of Representatives considers it to be", impeachment could be a possible remedy if a President's actions were flagrantly immoral and/or sufficiently unpopular. The Constitution says that a president can be impeached and removed if they commit "high crimes or misdemeanors", but this term is not defined elsewhere in the constitution, and was understood by (at least some of) the Founders to be a catch-all for any betrayal of the public trust.
Contemporaneous comments on the scope of impeachment are persuasive as to the intention of the framers. In Federalist No. 65, Alexander Hamilton described the subject of impeachment as
those offences which proceed from the misconduct of public men, or, in other words, from the abuse or violation of some public trust. They are of a nature which may with peculiar propriety be denominated POLITICAL, as they relate chiefly to injuries done immediately to the society itself.
In fact, the Founders in fact explicitly considered impeachment to be a remedy for abuse of the pardon power. The possibility of abuse of the pardon power came up during the debates on the Constitution, with George Mason arguing that the President should not have a pardon power lest he pardon those he had conspired with to commit a crime. James Madison pointed out that impeachment would be a valid remedy in such cases. [Thanks to @BradC for providing this link in the comments.]
edited 7 hours ago
answered 8 hours ago
Michael SeifertMichael Seifert
7584 silver badges8 bronze badges
7584 silver badges8 bronze badges
1
I agree with the content of your answer, but I think the caveats are unnecessary; impeachment is, and was intended to be by the founders the remedy for abuse of pardon. Regarding your final paragraph; unless you think any impeachment is a "constitutional crisis" (which some do argue), impeaching the president for this kind of abuse is clearly and explicitly anticipated by the constitution.
– BradC
8 hours ago
1
(as evidenced by the "except in cases of impeachment" clause added to the pardon power)
– BradC
7 hours ago
1
This is in fact an empty counter. Most presidents wait until his final hours or days in office to grant the most controversial pardons...
– dolphin_of_france
4 hours ago
add a comment |
1
I agree with the content of your answer, but I think the caveats are unnecessary; impeachment is, and was intended to be by the founders the remedy for abuse of pardon. Regarding your final paragraph; unless you think any impeachment is a "constitutional crisis" (which some do argue), impeaching the president for this kind of abuse is clearly and explicitly anticipated by the constitution.
– BradC
8 hours ago
1
(as evidenced by the "except in cases of impeachment" clause added to the pardon power)
– BradC
7 hours ago
1
This is in fact an empty counter. Most presidents wait until his final hours or days in office to grant the most controversial pardons...
– dolphin_of_france
4 hours ago
1
1
I agree with the content of your answer, but I think the caveats are unnecessary; impeachment is, and was intended to be by the founders the remedy for abuse of pardon. Regarding your final paragraph; unless you think any impeachment is a "constitutional crisis" (which some do argue), impeaching the president for this kind of abuse is clearly and explicitly anticipated by the constitution.
– BradC
8 hours ago
I agree with the content of your answer, but I think the caveats are unnecessary; impeachment is, and was intended to be by the founders the remedy for abuse of pardon. Regarding your final paragraph; unless you think any impeachment is a "constitutional crisis" (which some do argue), impeaching the president for this kind of abuse is clearly and explicitly anticipated by the constitution.
– BradC
8 hours ago
1
1
(as evidenced by the "except in cases of impeachment" clause added to the pardon power)
– BradC
7 hours ago
(as evidenced by the "except in cases of impeachment" clause added to the pardon power)
– BradC
7 hours ago
1
1
This is in fact an empty counter. Most presidents wait until his final hours or days in office to grant the most controversial pardons...
– dolphin_of_france
4 hours ago
This is in fact an empty counter. Most presidents wait until his final hours or days in office to grant the most controversial pardons...
– dolphin_of_france
4 hours ago
add a comment |
Theoretically, the congress could try to impeach.
BUT, in reality, presidents often wait until his final days/hours to grant the most controversial pardons.
And once a pardon is granted, there is no recall of the pardon.
Therefore, there is really no checks to pardon power, making it the most KING like power the presidency holds.
add a comment |
Theoretically, the congress could try to impeach.
BUT, in reality, presidents often wait until his final days/hours to grant the most controversial pardons.
And once a pardon is granted, there is no recall of the pardon.
Therefore, there is really no checks to pardon power, making it the most KING like power the presidency holds.
add a comment |
Theoretically, the congress could try to impeach.
BUT, in reality, presidents often wait until his final days/hours to grant the most controversial pardons.
And once a pardon is granted, there is no recall of the pardon.
Therefore, there is really no checks to pardon power, making it the most KING like power the presidency holds.
Theoretically, the congress could try to impeach.
BUT, in reality, presidents often wait until his final days/hours to grant the most controversial pardons.
And once a pardon is granted, there is no recall of the pardon.
Therefore, there is really no checks to pardon power, making it the most KING like power the presidency holds.
answered 4 hours ago
dolphin_of_francedolphin_of_france
2464 bronze badges
2464 bronze badges
add a comment |
add a comment |
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2
A related question discusses (without coming to a clear conclusion) whether the Supreme Court can void a pardon given as part of a scheme to commit a crime: Could the SCOTUS void a Presidential Pardon?
– divibisan
10 hours ago
2
Another related question: Could a US President abuse their pardon powers to unilaterally make laws?
– divibisan
9 hours ago
1
The pardon for any criminal act committed in taking the land doesn't stop the landowner from enforcing his or her ownership rights in court. That's not a criminal matter, and pardon power has no effect on the outcome. Similarly you can sue for civil damages related to infringement of property rights and perhaps other civil rights.
– phoog
5 hours ago
1
@phoog Tell that the President ;-)
– gerrit
4 hours ago