Presidential Pardon The 2019 Stack Overflow Developer Survey Results Are In Unicorn Meta Zoo #1: Why another podcast? Announcing the arrival of Valued Associate #679: Cesar ManaraDoes the concept of presidential pardon have a justification in terms of separation between the executive and the judiciary? (France)Does the President's Pardon authority extend to crimes not committed at the time of the pardon?Is there something legally stronger than a pardon that does not constitute an admission of guilt?Can use of a pre-emptive pardon also be illegal obstruction of justice?Do (any) US State Governors have legal authority to preemptively pardon persons of a state crime?Can the POTUS really pardon via tweet? If so, what would one actually look like?Can a Presidential pardon nullify a search warrant?Can Congress issue a legislative pardon?Overturning a presidential pardon and double jeopardyCan a U.S. President pardon an accessory to murder if the murder occurred in a foreign country?

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Presidential Pardon



The 2019 Stack Overflow Developer Survey Results Are In
Unicorn Meta Zoo #1: Why another podcast?
Announcing the arrival of Valued Associate #679: Cesar ManaraDoes the concept of presidential pardon have a justification in terms of separation between the executive and the judiciary? (France)Does the President's Pardon authority extend to crimes not committed at the time of the pardon?Is there something legally stronger than a pardon that does not constitute an admission of guilt?Can use of a pre-emptive pardon also be illegal obstruction of justice?Do (any) US State Governors have legal authority to preemptively pardon persons of a state crime?Can the POTUS really pardon via tweet? If so, what would one actually look like?Can a Presidential pardon nullify a search warrant?Can Congress issue a legislative pardon?Overturning a presidential pardon and double jeopardyCan a U.S. President pardon an accessory to murder if the murder occurred in a foreign country?










1















When and how are pardons supposed to be used? Why does the Constitution even grant the president the power to pardon? Can it be used to pardon any crime?



On the surface, it seems to make the president above the law. CNN just reported that president Trump promised to pardon the head of CBP if he broke the law. It would seem the president could just do this for any law or policy he doesn't like and thereby bypass Congress or the courts.










share|improve this question


























    1















    When and how are pardons supposed to be used? Why does the Constitution even grant the president the power to pardon? Can it be used to pardon any crime?



    On the surface, it seems to make the president above the law. CNN just reported that president Trump promised to pardon the head of CBP if he broke the law. It would seem the president could just do this for any law or policy he doesn't like and thereby bypass Congress or the courts.










    share|improve this question
























      1












      1








      1








      When and how are pardons supposed to be used? Why does the Constitution even grant the president the power to pardon? Can it be used to pardon any crime?



      On the surface, it seems to make the president above the law. CNN just reported that president Trump promised to pardon the head of CBP if he broke the law. It would seem the president could just do this for any law or policy he doesn't like and thereby bypass Congress or the courts.










      share|improve this question














      When and how are pardons supposed to be used? Why does the Constitution even grant the president the power to pardon? Can it be used to pardon any crime?



      On the surface, it seems to make the president above the law. CNN just reported that president Trump promised to pardon the head of CBP if he broke the law. It would seem the president could just do this for any law or policy he doesn't like and thereby bypass Congress or the courts.







      pardon






      share|improve this question













      share|improve this question











      share|improve this question




      share|improve this question










      asked 2 hours ago









      user27343user27343

      756




      756




















          2 Answers
          2






          active

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          3














          Presidential pardons can be used to pardon someone for any federal crime, if you are convicted of a state crime, the governor of that state has the right to pardon you. Impeachment is the only instance where the constitution prohibits pardons.



          Of the founding fathters, Alexander Hamaliton was the most supportive of Pardons and wrote about the need for them in the Federalist Paper No. 74. The idea behind them was that some situations negate the need to punish someone or to punish them severely.




          The criminal code of every country partakes so much of necessary severity, that without an easy access to exceptions in favor of unfortunate guilt, justice would wear a countenance too sanguinary and cruel.
          http://avalon.law.yale.edu/18th_century/fed74.asp




          Some people do view some pardons as inappropriate because they take away the ability of the courts to enforce their rulings. Who gets one is in the discretion of the President though.






          share|improve this answer






























            2














            If a President uses pardons too freely, and in what seems to be a corrupt manner, Congress could, in theory, impeach the President and remove him or her from office. This has never happened. How likely it might be in future is more a subject for the politics forum.



            A pardon cannot immunize a person from an individual damage suit, or even from a later governmental civil penalty, only from a criminal prosecution.



            A President probably cannot pardon himself (or herself). We can't be sure, no US President has ever tried, so no court has ever ruled on this. Gerald Ford's pardon of Nixon is as close as the US has gotten to such a case.



            Pardons, like most governmental powers, can be abused. There are various checks to try to deter and limit abuse, but they are not perfect. If the President (or any high official) is abusive, powers will be abused.



            The constitutional power of the president to grant pardons is copied from the power that the King of England had to grant pardons. Federalist #74, as Putvi points out, justifies the power and its scope at some length.






            share|improve this answer























            • Upon what do you base the claim that the president can be impeached for using pardons too freely? I understand you said it's not likely, I just don't think it meets the standard.

              – Putvi
              1 hour ago











            • @Putvi the president can be impeached and removed for whatever a majority of the House and 2/3rds of the Senate think proper. There is no enforceable standard beyond the good judgement of Congress. Read a history of the impeachment and trial of President Johnson (who came within 1 vote of conviction and removal) to see what reasons have passed muster in the past. But as to this case, i think in the section on impeachment, the Federalist says that it is the general remedy for the abuse of presidential power. And I think that has been the general understanding ever since. Who says otherwise?

              – David Siegel
              1 hour ago











            • I have researched the trial of Johnson, but that was based on what is considered "high crimes and misdemeanors, not just anything congress feels is enough.

              – Putvi
              1 hour ago






            • 1





              @Putvi corrupt conduct would fall within the ambit of high crimes and misdemeanours

              – Dale M
              1 hour ago






            • 1





              @DaleM I guess you could try for anything being a high crime or misdemeanor, but I don't think many people would agree.

              – Putvi
              1 hour ago











            Your Answer








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            2 Answers
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            2 Answers
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            3














            Presidential pardons can be used to pardon someone for any federal crime, if you are convicted of a state crime, the governor of that state has the right to pardon you. Impeachment is the only instance where the constitution prohibits pardons.



            Of the founding fathters, Alexander Hamaliton was the most supportive of Pardons and wrote about the need for them in the Federalist Paper No. 74. The idea behind them was that some situations negate the need to punish someone or to punish them severely.




            The criminal code of every country partakes so much of necessary severity, that without an easy access to exceptions in favor of unfortunate guilt, justice would wear a countenance too sanguinary and cruel.
            http://avalon.law.yale.edu/18th_century/fed74.asp




            Some people do view some pardons as inappropriate because they take away the ability of the courts to enforce their rulings. Who gets one is in the discretion of the President though.






            share|improve this answer



























              3














              Presidential pardons can be used to pardon someone for any federal crime, if you are convicted of a state crime, the governor of that state has the right to pardon you. Impeachment is the only instance where the constitution prohibits pardons.



              Of the founding fathters, Alexander Hamaliton was the most supportive of Pardons and wrote about the need for them in the Federalist Paper No. 74. The idea behind them was that some situations negate the need to punish someone or to punish them severely.




              The criminal code of every country partakes so much of necessary severity, that without an easy access to exceptions in favor of unfortunate guilt, justice would wear a countenance too sanguinary and cruel.
              http://avalon.law.yale.edu/18th_century/fed74.asp




              Some people do view some pardons as inappropriate because they take away the ability of the courts to enforce their rulings. Who gets one is in the discretion of the President though.






              share|improve this answer

























                3












                3








                3







                Presidential pardons can be used to pardon someone for any federal crime, if you are convicted of a state crime, the governor of that state has the right to pardon you. Impeachment is the only instance where the constitution prohibits pardons.



                Of the founding fathters, Alexander Hamaliton was the most supportive of Pardons and wrote about the need for them in the Federalist Paper No. 74. The idea behind them was that some situations negate the need to punish someone or to punish them severely.




                The criminal code of every country partakes so much of necessary severity, that without an easy access to exceptions in favor of unfortunate guilt, justice would wear a countenance too sanguinary and cruel.
                http://avalon.law.yale.edu/18th_century/fed74.asp




                Some people do view some pardons as inappropriate because they take away the ability of the courts to enforce their rulings. Who gets one is in the discretion of the President though.






                share|improve this answer













                Presidential pardons can be used to pardon someone for any federal crime, if you are convicted of a state crime, the governor of that state has the right to pardon you. Impeachment is the only instance where the constitution prohibits pardons.



                Of the founding fathters, Alexander Hamaliton was the most supportive of Pardons and wrote about the need for them in the Federalist Paper No. 74. The idea behind them was that some situations negate the need to punish someone or to punish them severely.




                The criminal code of every country partakes so much of necessary severity, that without an easy access to exceptions in favor of unfortunate guilt, justice would wear a countenance too sanguinary and cruel.
                http://avalon.law.yale.edu/18th_century/fed74.asp




                Some people do view some pardons as inappropriate because they take away the ability of the courts to enforce their rulings. Who gets one is in the discretion of the President though.







                share|improve this answer












                share|improve this answer



                share|improve this answer










                answered 2 hours ago









                PutviPutvi

                85718




                85718





















                    2














                    If a President uses pardons too freely, and in what seems to be a corrupt manner, Congress could, in theory, impeach the President and remove him or her from office. This has never happened. How likely it might be in future is more a subject for the politics forum.



                    A pardon cannot immunize a person from an individual damage suit, or even from a later governmental civil penalty, only from a criminal prosecution.



                    A President probably cannot pardon himself (or herself). We can't be sure, no US President has ever tried, so no court has ever ruled on this. Gerald Ford's pardon of Nixon is as close as the US has gotten to such a case.



                    Pardons, like most governmental powers, can be abused. There are various checks to try to deter and limit abuse, but they are not perfect. If the President (or any high official) is abusive, powers will be abused.



                    The constitutional power of the president to grant pardons is copied from the power that the King of England had to grant pardons. Federalist #74, as Putvi points out, justifies the power and its scope at some length.






                    share|improve this answer























                    • Upon what do you base the claim that the president can be impeached for using pardons too freely? I understand you said it's not likely, I just don't think it meets the standard.

                      – Putvi
                      1 hour ago











                    • @Putvi the president can be impeached and removed for whatever a majority of the House and 2/3rds of the Senate think proper. There is no enforceable standard beyond the good judgement of Congress. Read a history of the impeachment and trial of President Johnson (who came within 1 vote of conviction and removal) to see what reasons have passed muster in the past. But as to this case, i think in the section on impeachment, the Federalist says that it is the general remedy for the abuse of presidential power. And I think that has been the general understanding ever since. Who says otherwise?

                      – David Siegel
                      1 hour ago











                    • I have researched the trial of Johnson, but that was based on what is considered "high crimes and misdemeanors, not just anything congress feels is enough.

                      – Putvi
                      1 hour ago






                    • 1





                      @Putvi corrupt conduct would fall within the ambit of high crimes and misdemeanours

                      – Dale M
                      1 hour ago






                    • 1





                      @DaleM I guess you could try for anything being a high crime or misdemeanor, but I don't think many people would agree.

                      – Putvi
                      1 hour ago















                    2














                    If a President uses pardons too freely, and in what seems to be a corrupt manner, Congress could, in theory, impeach the President and remove him or her from office. This has never happened. How likely it might be in future is more a subject for the politics forum.



                    A pardon cannot immunize a person from an individual damage suit, or even from a later governmental civil penalty, only from a criminal prosecution.



                    A President probably cannot pardon himself (or herself). We can't be sure, no US President has ever tried, so no court has ever ruled on this. Gerald Ford's pardon of Nixon is as close as the US has gotten to such a case.



                    Pardons, like most governmental powers, can be abused. There are various checks to try to deter and limit abuse, but they are not perfect. If the President (or any high official) is abusive, powers will be abused.



                    The constitutional power of the president to grant pardons is copied from the power that the King of England had to grant pardons. Federalist #74, as Putvi points out, justifies the power and its scope at some length.






                    share|improve this answer























                    • Upon what do you base the claim that the president can be impeached for using pardons too freely? I understand you said it's not likely, I just don't think it meets the standard.

                      – Putvi
                      1 hour ago











                    • @Putvi the president can be impeached and removed for whatever a majority of the House and 2/3rds of the Senate think proper. There is no enforceable standard beyond the good judgement of Congress. Read a history of the impeachment and trial of President Johnson (who came within 1 vote of conviction and removal) to see what reasons have passed muster in the past. But as to this case, i think in the section on impeachment, the Federalist says that it is the general remedy for the abuse of presidential power. And I think that has been the general understanding ever since. Who says otherwise?

                      – David Siegel
                      1 hour ago











                    • I have researched the trial of Johnson, but that was based on what is considered "high crimes and misdemeanors, not just anything congress feels is enough.

                      – Putvi
                      1 hour ago






                    • 1





                      @Putvi corrupt conduct would fall within the ambit of high crimes and misdemeanours

                      – Dale M
                      1 hour ago






                    • 1





                      @DaleM I guess you could try for anything being a high crime or misdemeanor, but I don't think many people would agree.

                      – Putvi
                      1 hour ago













                    2












                    2








                    2







                    If a President uses pardons too freely, and in what seems to be a corrupt manner, Congress could, in theory, impeach the President and remove him or her from office. This has never happened. How likely it might be in future is more a subject for the politics forum.



                    A pardon cannot immunize a person from an individual damage suit, or even from a later governmental civil penalty, only from a criminal prosecution.



                    A President probably cannot pardon himself (or herself). We can't be sure, no US President has ever tried, so no court has ever ruled on this. Gerald Ford's pardon of Nixon is as close as the US has gotten to such a case.



                    Pardons, like most governmental powers, can be abused. There are various checks to try to deter and limit abuse, but they are not perfect. If the President (or any high official) is abusive, powers will be abused.



                    The constitutional power of the president to grant pardons is copied from the power that the King of England had to grant pardons. Federalist #74, as Putvi points out, justifies the power and its scope at some length.






                    share|improve this answer













                    If a President uses pardons too freely, and in what seems to be a corrupt manner, Congress could, in theory, impeach the President and remove him or her from office. This has never happened. How likely it might be in future is more a subject for the politics forum.



                    A pardon cannot immunize a person from an individual damage suit, or even from a later governmental civil penalty, only from a criminal prosecution.



                    A President probably cannot pardon himself (or herself). We can't be sure, no US President has ever tried, so no court has ever ruled on this. Gerald Ford's pardon of Nixon is as close as the US has gotten to such a case.



                    Pardons, like most governmental powers, can be abused. There are various checks to try to deter and limit abuse, but they are not perfect. If the President (or any high official) is abusive, powers will be abused.



                    The constitutional power of the president to grant pardons is copied from the power that the King of England had to grant pardons. Federalist #74, as Putvi points out, justifies the power and its scope at some length.







                    share|improve this answer












                    share|improve this answer



                    share|improve this answer










                    answered 1 hour ago









                    David SiegelDavid Siegel

                    16.9k3665




                    16.9k3665












                    • Upon what do you base the claim that the president can be impeached for using pardons too freely? I understand you said it's not likely, I just don't think it meets the standard.

                      – Putvi
                      1 hour ago











                    • @Putvi the president can be impeached and removed for whatever a majority of the House and 2/3rds of the Senate think proper. There is no enforceable standard beyond the good judgement of Congress. Read a history of the impeachment and trial of President Johnson (who came within 1 vote of conviction and removal) to see what reasons have passed muster in the past. But as to this case, i think in the section on impeachment, the Federalist says that it is the general remedy for the abuse of presidential power. And I think that has been the general understanding ever since. Who says otherwise?

                      – David Siegel
                      1 hour ago











                    • I have researched the trial of Johnson, but that was based on what is considered "high crimes and misdemeanors, not just anything congress feels is enough.

                      – Putvi
                      1 hour ago






                    • 1





                      @Putvi corrupt conduct would fall within the ambit of high crimes and misdemeanours

                      – Dale M
                      1 hour ago






                    • 1





                      @DaleM I guess you could try for anything being a high crime or misdemeanor, but I don't think many people would agree.

                      – Putvi
                      1 hour ago

















                    • Upon what do you base the claim that the president can be impeached for using pardons too freely? I understand you said it's not likely, I just don't think it meets the standard.

                      – Putvi
                      1 hour ago











                    • @Putvi the president can be impeached and removed for whatever a majority of the House and 2/3rds of the Senate think proper. There is no enforceable standard beyond the good judgement of Congress. Read a history of the impeachment and trial of President Johnson (who came within 1 vote of conviction and removal) to see what reasons have passed muster in the past. But as to this case, i think in the section on impeachment, the Federalist says that it is the general remedy for the abuse of presidential power. And I think that has been the general understanding ever since. Who says otherwise?

                      – David Siegel
                      1 hour ago











                    • I have researched the trial of Johnson, but that was based on what is considered "high crimes and misdemeanors, not just anything congress feels is enough.

                      – Putvi
                      1 hour ago






                    • 1





                      @Putvi corrupt conduct would fall within the ambit of high crimes and misdemeanours

                      – Dale M
                      1 hour ago






                    • 1





                      @DaleM I guess you could try for anything being a high crime or misdemeanor, but I don't think many people would agree.

                      – Putvi
                      1 hour ago
















                    Upon what do you base the claim that the president can be impeached for using pardons too freely? I understand you said it's not likely, I just don't think it meets the standard.

                    – Putvi
                    1 hour ago





                    Upon what do you base the claim that the president can be impeached for using pardons too freely? I understand you said it's not likely, I just don't think it meets the standard.

                    – Putvi
                    1 hour ago













                    @Putvi the president can be impeached and removed for whatever a majority of the House and 2/3rds of the Senate think proper. There is no enforceable standard beyond the good judgement of Congress. Read a history of the impeachment and trial of President Johnson (who came within 1 vote of conviction and removal) to see what reasons have passed muster in the past. But as to this case, i think in the section on impeachment, the Federalist says that it is the general remedy for the abuse of presidential power. And I think that has been the general understanding ever since. Who says otherwise?

                    – David Siegel
                    1 hour ago





                    @Putvi the president can be impeached and removed for whatever a majority of the House and 2/3rds of the Senate think proper. There is no enforceable standard beyond the good judgement of Congress. Read a history of the impeachment and trial of President Johnson (who came within 1 vote of conviction and removal) to see what reasons have passed muster in the past. But as to this case, i think in the section on impeachment, the Federalist says that it is the general remedy for the abuse of presidential power. And I think that has been the general understanding ever since. Who says otherwise?

                    – David Siegel
                    1 hour ago













                    I have researched the trial of Johnson, but that was based on what is considered "high crimes and misdemeanors, not just anything congress feels is enough.

                    – Putvi
                    1 hour ago





                    I have researched the trial of Johnson, but that was based on what is considered "high crimes and misdemeanors, not just anything congress feels is enough.

                    – Putvi
                    1 hour ago




                    1




                    1





                    @Putvi corrupt conduct would fall within the ambit of high crimes and misdemeanours

                    – Dale M
                    1 hour ago





                    @Putvi corrupt conduct would fall within the ambit of high crimes and misdemeanours

                    – Dale M
                    1 hour ago




                    1




                    1





                    @DaleM I guess you could try for anything being a high crime or misdemeanor, but I don't think many people would agree.

                    – Putvi
                    1 hour ago





                    @DaleM I guess you could try for anything being a high crime or misdemeanor, but I don't think many people would agree.

                    – Putvi
                    1 hour ago

















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