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Pardons have been an integral part of English Common Law for over 1,000 years. The Framers of the Constitution didn't invent the concept out of thin air; they d
by taylodl 2y ago
Pardons have been an integral part of English Common Law for over 1,000 years. The Framers of the Constitution didn't invent the concept out of thin air; they drew on a long-standing tradition of clemency to ensure justice and mercy within the legal system.
- uppost 2y agoAre pre-emptive blanket pardons traditional? I can see how Trump or some future president might abuse that, especially if autopen is allowed so that thousands or even tens of thousands can be pardoned at once to prevent subsequent political lawfare.
- taylodl 2y agoJimmy Carter issued a pre-emptive blanket pardon for the Vietnam War draft evaders, so precedence has been set.
- JohnFen 2y agoYes, I'm aware of the history. That history, in my mind, only underscores that the presidential pardon is a holdover of monarchical power that should have no role in a governmental system that is supposed to be based on the rule of law. > to ensure justice and mercy within the legal system. But it does no such thing. All it does is to make the ultimate arbiter of what counts as "justice" a single person. That is not a good thing and is not conducive to justice.
- timeon 2y agoPardons exists also in Civil Law.
- rsynnott 2y agoA _personal_ pardon power is a bit of an oddity these days, though; by the 19th century it was dead in the UK, say (George VI _attempted_ to use it, but at that point it was essentially a constitutional crisis, and he backed down).