Thread: Pardons
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Old 13th January 2021, 10:09 AM   #92
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Originally Posted by ahhell View Post
Meh, the pardon power really isn't that sweeping. Mostly its been used sparingly and judiciously and most presidents have had a few late term controversy.

That being said, it should be limited somewhat. At the very least and amendment should clarify that the president can't pardon himself. I don't fault the framers for not thinking that that particular clarification would be needed, nobody else did prior to about 3 years ago.

As I said elsewhere, I think we should also include a congressional ability to overturn a pardon or maybe require congressional approval? Kind of like appointments. Since we're add it, ban pardons between November and February, just to make sure the president and his party can be held accountable for the really bad ones.
We've seen Mitch's abuse of the Senates "Advise and Consent" powers over the last 12 years, so I have concerns there. If we're doing a Constitutional Amendment, anyway, I'd say we should revise that portion to state that Senate be at least required to have a floor vote on every nomination within a reasonable period of time (say 60 days).

Originally Posted by JoeMorgue View Post
1. No self pardons.
2. No pardons for direct family members.
3. No pardons for anything you are directly involved in.
4. The President can grant a pardon, but someone else has to propose it first.
5. The pardon can only be for a specific crime that the person has already been convicted of.
6. Accepting the pardon is an admission of guilt of the crime.
7. No pardons during the lame duck period (although honestly the 'lame duck' period needs to go away or be severely shortened anyway)
I'm ambivalent about the highlighted. Surely some of the people pardoned are not actually guilty of the crimes they were convicted of? If so, then requiring them to admit guilt seems like kicking them when they're down.
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