The American Democracy Minute Radio Report & Podcast for Nov. 10, 2023

Brian is gone today. This is a rebroadcast of Aug. 28, 2023.

Today’s Script

(Variations occur with audio due to editing for time. Today’s Links below the script)

You’re listening to the American Democracy Minute, keeping YOUR government by and for the people.

Last week, we discussed the President’s broad powers and some limitations to issue a pardon. But can a U.S. President pardon him or herself?  

Former President Trump tweeted in 2018, “I have the absolute right to PARDON myself,” and he discussed that possibility after the January 6th insurrection, according to the New York Times.  

Professor Michael J. Conklin of Texas A&M Law School and Angelo State University examined law review articles on self-pardons and conducted his own survey of 95 law school faculty around the country.  He found that while a slight majority of scholars think the answer is “no,” it’s far from definitive.  

One legal principle dating back to the 1500s states, “no-one is judge in his own cause.”  Some point to the Constitution’s language giving the President authority to pardon ANY citizen, except in cases involving impeachment.  Others cite a U.S. Justice Department memo after Watergate which concluded the President cannot self-pardon.  

Yet other experts say the Constitution inherently opposes “self dealing.” In U.S. vs. Wilson, Justice John Marshall wrote , “A pardon is an act of grace, proceeding from the power entrusted with the execution of the laws . . . One cannot bestow grace upon oneself.”  

One thing on which most scholars DO agree:  If such a pardon were to occur, it would ultimately be decided upon by the U.S. Supreme Court.  We have links to these discussions at AmericanDemocracyMinute.org.   I’m Brian Beihl.

Today’s Links

Articles & Resources:
The White House Historical Association – The History of the Pardon Power
Office of the Pardon Attorney, DOJ – Clemency Statistics
Brennan Center for Justice – Presidential Pardon Power Explained
National Constitution Center – Presidential pardons: A constitutional and historical review

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The post Pardon Me: Can a U.S. President Pardon Him or Herself?  The Question Will Likely End Up in the U.S. Supreme Court. appeared first on American Democracy Minute.

The American Democracy Minute Radio Report & Podcast for Aug. 25, 2023

Today’s Script

(Variations occur with audio due to editing for time. Today’s Links below the script)

How Did Presidential Pardons Evolve, and What Are Their Limitations?

You’re listening to the American Democracy Minute, keeping YOUR government by and for the people.

In the first 2024 GOP primary debate, Vivek Ramaswamy reiterated his campaign pledge to pardon former President Trump. How did Presidential pardons evolve, and what are their limitations?

Article II, Section 2 of the Constitution gives the President the authority to “grant Reprieves and Pardons for Offenses against the United States, except in Cases of Impeachment.” Proposed by Alexander Hamilton, the Constitutional Convention debated whether the President could unilaterally pardon, or whether approval was needed by the Senate.  The U.S. Supreme Court later interpreted Section 2 as unilateral with broad powers, but limited to federal offenses.

Among the most controversial are President Andrew Johnson’s pardon of Confederate President Jefferson Davis, and in recent times, President Gerald Ford’s pardon of President Richard Nixon, both citing the need for reconciliation.

The White House Historical Society points out that in order for a pardon to be given, a crime must first be committed.   If so, pardons can only extend to FEDERAL, not state crimes.   And pardons do not extend to impeachment convictions.    DOJ statistics show there were 33,714 pardons from 1900 to 2022.   President Biden has issued 5,869 pardons, and former President Trump 7,498.  

Can a President pardon him or herself?  We’ll have more on THAT thorny question in our next report.   Find out more at AmericanDemocracyMinute.org.   I’m Brian Beihl.

Today’s Links

Articles & Resources:
The White House Historical Association – The History of the Pardon Power
Office of the Pardon Attorney, DOJ – Clemency Statistics
Brennan Center for Justice – Presidential Pardon Power Explained
National Constitution Center – Presidential pardons: A constitutional and historical review

Please follow us on Facebook and Twitter and SHARE! 
Find all of our reports at AmericanDemocracyMinute.org
Want ADM sent to your email?  Sign up here!
#Democracy  #DemocracyNews 

The post How Did Presidential Pardons Evolve, and What Are Their Limitations? appeared first on American Democracy Minute.