Friday, November 3, 2017

Clemency a Conflict?

At The Hill, Kimberly Wehle writes:
[A President] could not obliterate a new criminal law by officially pardoning anyone and everyone who might violate it in the future. That would conflict with Congress’s power to make laws.
We are not so sure. Thomas Jefferson thought the Alien Sedition Acts were unconstitutional, and, once elected, pardoned the only two people remaining in prison because of them. Woodrow Wilson vetoed the Volstead Act and his veto was overridden. Wilson then set records for pardons for persons convicted of drug and alcohol laws.

Clemency a conflict? Sure. Separation of powers and checks and balances.

2 comments:

Edmond Gaudelli said...

I was taught in my Political Science class that a pardon can be a check by the Executive branch against the Judicial branch (for example if a federal judge is corrupt).

Anonymous said...

The Pardon process is a Joke. I personally know of pardon applications that has laid on the desk of the pardon attorney's desk for 7 years I am certain there are some older. What would take somone 7 to 10 years to give a yes or no while people our here suffering from a disability that keeps them from gaining decent employemeht etc. ..the whole Pardon Process is a JOKE and beyond broken...

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