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These aren't problems with the power, they're problems with people that abuse the power. We've had presidential pardons for centuries, and they are both a carr
by t-writescode 6y ago
These aren't problems with the power, they're problems with people that abuse the power.
We've had presidential pardons for centuries, and they are both a carry-over from the time of kings, and they could arguably serve as a short-circuit against injustice at the hand of the legislature.
Not everything illegal is wrong. Not everyone in prison is serving a just sentence, no matter what the legal system declares it to be.
Left in the hands of the legislature, no one would ever experience mercy.
- user-the-name 6y agoAfter the last 4 years, maybe it is time to realise that a working democracy can not rely on the assumption that those in power will just use their powers responsibly and honourably, and that "checks and balances" need to actually have the ability to both check and balance.
- Loughla 6y agoIf Trump taught this country anything, I hope that it is 'relying on long-standing norms of the office is a bad idea'. I think we need legislation to make sure the 'norms' are 'required'.
- user-the-name 6y agoExactly. It should also be a good example of the fact that the president of the US has an extremely and unusually large amount of power, which should probably be reduced by quite a lot.
- jfk13 6y agoIf the argument here is essentially that we should trust the president to know better than the legislature and courts, why don't we just go with absolute dictatorship for all purposes?
- dragonwriter 6y agoThe power the President is entrusted with here is solely to remit punishment. The idea is that this is an area where going overboard is less harmful than the alternative.
- t-writescode 6y agoTo add, it's easier to throw somebody back in jail if they aren't rehabilitated than it is to get someone out of 400 year sentence if they are technically guilty, no matter how extreme or ridiculous the prison sentence is for the crime they committed.
- rsynnott 6y ago> they are both a carry-over from the time of kings That's kind of the problem, though. Most countries didn't carry them over in the same way. > Left in the hands of the legislature, no one would ever experience mercy. In countries with highly regulated pardon powers, some people are sometimes pardoned (though many countries lean more on the power of the courts to overturn convictions).
- t-writescode 6y ago> though many countries lean more on the power of the courts to overturn convictions What if someone _did_ commit the crime, and it's proven, but the sentence is wrong (way too extreme) or the crime is now seen as archaic? Think old homosexuality laws or blasphemy laws.