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exboyfil

(17,865 posts)
Sun Jan 10, 2021, 11:04 AM Jan 2021

Eliminating the Presidential Pardon power


It is Andrew McCarthy at National Review that is proposing it. It is a good idea, but obviously, the reform doesn't come soon enough for it to stop Trump abusing it. Since you can do anything you want, I would propose that a compromise to remove pardon protections with a look back time that includes the last year of Trump's administration. Normally Ex post facto is wrong, but, given the level of corruption we have seen, it should happen.

Why did Obama issue a pardon to James Cartwright? This article talks about that pardon and cites it as a political pardon. The only other example of "political" Obama pardons were the ones for drug offenders which were compassionate and smart. So smart that one person who was missed, and even a little questionable given the surrounding circumstances, was pardoned by Trump in a real big show basically sticking it in the face of Obama.

https://www.nationalreview.com/magazine/2021/01/25/repeal-the-pardon-power/
23 replies = new reply since forum marked as read
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Eliminating the Presidential Pardon power (Original Post) exboyfil Jan 2021 OP
I believe that limits need to be implemented and very well defined. Firestorm49 Jan 2021 #1
Exactally... limit to, lets say 5 pardons. so pick wisely... Do you have to amend the constitution? mitch96 Jan 2021 #7
It's a Constitutional issue and would probably require an Amendment...nt Wounded Bear Jan 2021 #2
Yes but after this I think it should have wide bipartisan support exboyfil Jan 2021 #3
Maybe after 2022, if we win ore seats in Congress. 2naSalit Jan 2021 #11
Even if we do win more Senate seats in 2022 and got 2/3rds of the Congress to vote for it, dware Jan 2021 #15
True. 2naSalit Jan 2021 #16
I would not eliminate it but might give Congress the power to establish by law struggle4progress Jan 2021 #4
You can find what some would call abuses of pardons by every president. former9thward Jan 2021 #5
You are taking it away from Biden exboyfil Jan 2021 #6
I don't see why the states would mind this amendment. marie999 Jan 2021 #8
If the power was taken from the president then next would be governors. former9thward Jan 2021 #18
Why the governors? This would be up to each individual state. marie999 Jan 2021 #23
What if congress can override the pardon witha 2/3 vote? Buckeyeblue Jan 2021 #9
I think changing the Pardon power is doable exboyfil Jan 2021 #10
Founding fathers had a lot of foresight BGBD Jan 2021 #12
It's only because of Chump that we need to do this FakeNoose Jan 2021 #13
Are you really good with the pardons Clinton gave on his last day? former9thward Jan 2021 #19
Limit it, don't eliminate. Happy Hoosier Jan 2021 #14
Himself, his/her immediate family, MurrayDelph Jan 2021 #20
+1 NT Happy Hoosier Jan 2021 #21
Just needs to be fine tuned. Starting with no one can be pardoned until they have served time lettucebe Jan 2021 #17
The only reason he is proposing it is because a democrat will be holding the office for a long time 986racer Jan 2021 #22

mitch96

(13,926 posts)
7. Exactally... limit to, lets say 5 pardons. so pick wisely... Do you have to amend the constitution?
Sun Jan 10, 2021, 12:08 PM
Jan 2021

exboyfil

(17,865 posts)
3. Yes but after this I think it should have wide bipartisan support
Sun Jan 10, 2021, 11:14 AM
Jan 2021

Also consideration of what it takes to remove a President from office, but that will be much harder. It could be abused. It always takes the fucked up moves by Republicans that destroy a system. Al Gore should have fought like this in 2000 (or maybe he shouldn't have), but on one brings that up. Gore should have sent his mob to the Supreme Court (just kidding since he didn't have a mob).

dware

(12,449 posts)
15. Even if we do win more Senate seats in 2022 and got 2/3rds of the Congress to vote for it,
Sun Jan 10, 2021, 01:00 PM
Jan 2021

the Amendment would still need 3/4ths of the states to ratify it, 13 states can block any change to the Constitution.

struggle4progress

(118,378 posts)
4. I would not eliminate it but might give Congress the power to establish by law
Sun Jan 10, 2021, 11:21 AM
Jan 2021

requirements to specify in the pardon the exact acts covered and/or a narrowly limited time period and to clarify that the pardon power does not extend in cases where the pardon might help cover-up a crime by the President

former9thward

(32,093 posts)
5. You can find what some would call abuses of pardons by every president.
Sun Jan 10, 2021, 11:29 AM
Jan 2021

But no matter. Even if it got through Congress it would take 37 states to change the pardon power in the Constitution. That would never happen.

exboyfil

(17,865 posts)
6. You are taking it away from Biden
Sun Jan 10, 2021, 11:35 AM
Jan 2021

That should be a strong selling point. They don't act on principle, they act on power.

former9thward

(32,093 posts)
18. If the power was taken from the president then next would be governors.
Sun Jan 10, 2021, 01:54 PM
Jan 2021

They have the same power and want to keep it. Also if this was seen as partisan, and focusing on Trump it would be seen that way, there would never be 37 states that would go along. The Republicans hold the majority of legislatures.

Buckeyeblue

(5,502 posts)
9. What if congress can override the pardon witha 2/3 vote?
Sun Jan 10, 2021, 12:13 PM
Jan 2021

There are more important things I would like to see as an amendment to the constitution.

exboyfil

(17,865 posts)
10. I think changing the Pardon power is doable
Sun Jan 10, 2021, 12:15 PM
Jan 2021

Those other things aren't (which is an argument for another day because I think our system of government is doomed).

 

BGBD

(3,282 posts)
12. Founding fathers had a lot of foresight
Sun Jan 10, 2021, 12:54 PM
Jan 2021

But handing one guy unlimited power to pardon people was idiotic and a serious throwback to the monarch.

FakeNoose

(32,791 posts)
13. It's only because of Chump that we need to do this
Sun Jan 10, 2021, 12:57 PM
Jan 2021

Will there ever be another Chump?

I sure hope not, but the safeguards need to be established immediately.


Happy Hoosier

(7,406 posts)
14. Limit it, don't eliminate.
Sun Jan 10, 2021, 12:58 PM
Jan 2021

Establish conflict of interest limits. Make it clear the President cannot pardon himself. Aloe Congress to override any Pardon.

lettucebe

(2,337 posts)
17. Just needs to be fine tuned. Starting with no one can be pardoned until they have served time
Sun Jan 10, 2021, 01:13 PM
Jan 2021

No pardoning in advance. That's pretty ridiculous. This needs to be taken more seriously, and obviously pardoning someone that's involved in your crimes isn't going to be allowed (not sure it's going to be allowed this time either but time will tell).

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