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The Article II Presidential Pardoning Power – May a President Pardon Himself? An Analysis
There are numerous television, radio and internet pundits who want the American electorate to believe in the second decade of the 21st century that the executive branch of the federal government of the American republic, the permanent president of the USA, has the US Constitution Article II. the power to pardon. In doing so, these supposedly educated and educated men and women, who in most cases are considered celebrities, have been vindicated in their claims by a large number of their supporters, who comprise a large number of voting men and women over the age of eighteen. However, are these experts and commentators correct in their assumptions? These experts have obviously read and routinely quote what the venerable Framers wrote in Article II, Section II on Presidential Powers, and dictation from the only definitive commentary essay on the specifics of the American Constitution, the “Federalist Papers,” written by James Madison, John Jay, and Alexander Hamilton, in 1787, before the ratification of the US Constitution. Yet, just like the generalized power and caveat that the Framers in Article I, Section VIII gave to the Republican legislative branch, requiring Congress to pass laws only “necessary and proper” to carry out the special and exclusive legislative powers set forth in Article I, Section VIII, which since 1790 has been erroneously and flippantly interpreted to mean instead laws that are “suitable and popular,” the President’s general power to pardon in Article II, Section II, Clause I, “…and he shall have power to grants reprieves and pardons for offenses against the United States, except in cases of impeachment” has been specifically interpreted to mean what it was not intended to mean.
The honorable framers of the US Constitution were many of the same wise and prudent men who composed the First and Second Continental Congresses, who presided over the Revolutionary War, proclaimed the Declaration of Independence in the creation of a new nation, and then forged the Articles of Confederation. These people were not stupid and prone to flights of fancy and illogical assumptions. Their indifference was tested and proven, for they had already faced the easy-going British King George III, who arrogantly assumed that he, as a dictator, could do no wrong and that, if he did, he could wave his royal wand at his royal way and freed himself from all guilt. In other words, George III assumed he was above the law, because he despised justice and natural law. The British Parliament was forced to go along with all the boy-king’s adolescent whims about superiority. In other words, King George III had the power to pardon any and all misdeeds, something the Framers hated. For this reason, and for reasons of justice and law, the Framers placed a limit on the pardon power of the US President in Article II, Section II of the US Constitution. First of all, the president could not pardon himself. Why? A very specific warning regarding impeachment cases made it clear that federal officials who could be removed from office by impeachment alone, such as presidents, vice presidents, federal judges, etc., could not be pardoned for their crimes before, or after. the impeachment proceedings were conducted while they were still in office. Since the US president, while in office, cannot be removed except through the impeachment process, it is very clear that the president cannot pardon himself. US presidents can only pardon criminals who have been charged, tried and convicted of crimes against the United States and who are exempt from impeachment.
In the very absurd case of President Richard Nixon, who very clearly committed serious crimes, based on the evidence against him, and would likely be federally indicted and convicted after resigning from the presidency, President Gerald Ford illegally pardoned his predecessor. Nixon was indicted but not convicted of his alleged crimes. Thus, a pardon for Nixon was to be based on crimes for which he would have been convicted if he had been indicted by a federal grand jury, arrested, and tried in federal court after his resignation. The US president cannot pardon a person based on accusations alone. Just as the First US Congress allowed President George Washington to issue the first unconstitutional executive order, ordering the construction of a federal mint, instead of reprimanding him for going against the constitutional separation of powers, Congress and the majority of the people simply backed down. and allowed Ford to illegally pardon Nixon; and as long as Ford was illegally acting against the letter of the US Constitution, the ghost of John Adams shouted from the grave that “the American Republic is a nation of laws, not of men.”
There is another matter of pure common sense that applies in the full understanding that the President of the United States cannot reasonably pardon himself. No person in an executive government role should have the power to pardon. Such pernicious power is that usually found in the portfolio of a tyrant or dictator. Common sense dictates this reasoning. State laws have long established that state governors do not have the state constitutional power to pardon themselves, placing themselves above the law, and state governors are what US presidents are to the federal government. There is even historical precedent to support that 19th and 20th century US presidents accused of serious crimes did not seek, or even consider, Article II, Section II’s power to pardon. In the first case of presidential impeachment, President Andrew Johnson, who replaced Abraham Lincoln after he was assassinated, never considered a pardon for himself, and the issue was never considered by Congress. If the detailed historical record of the legislative events of 1868 is examined, the process of impeachment was the only constitutional means of removing a sitting president, and Andrew Johnson accepted the full burden of impeachment and was acquitted at trial on May 28, 1968, by the United States Senate with one voice. The second and most recent attempt to impeach a president, the impeachment of President Bill Clinton, was successfully launched in December 1998 and ended with an acquittal by the US Senate in February 1999. During that time, neither Clinton, a lawyer, nor his inner circle of legal advisers ever considered self-pardon, and history reveals that Clinton was extremely concerned about the conviction vote in the Senate.
The US Constitution remains a fragile and delicate document of federalism and freedom and liberty established by the proper maintenance of its established rules, processes and procedures. That the legislative, executive and judicial rules, processes and procedures of the famous Constitution of the United States of America were surprisingly and pragmatically changed in implementation without the process of amendment during the 20th century is a fact and a fact. The way those rules, processes, and procedures were understood in 1790 is hardly the way they are understood and applied in 2018, and people wonder what happened to the government and economy of the American republic. A reading of Article II, Section II pardoning the power of the President of the United States by design of the Federals, and the enforced suppositions created in the minds of those pragmatic men that Presidents have the power to pardon themselves, is as good an example of these ghastly changes as can be immediately brought to the light of day.
As has been abundantly established over the past twelve months of the special counsel’s investigation, President Donald Trump has done nothing wrong as specifically progressive liberal Democrats have claimed. Instead, the progressive Democrats who accuse President Trump of being fully complicit in colluding with the Russians in using the Obama Department of Justice and the FBI to illegitimately undermine the campaign of presidential candidate Donald Trump and his unexpected victory in the 2017 presidential election. Therefore, President Trump would not had reason to seek an unconstitutional attempt to pardon him, to put him on par with Barack Obama, who issued numerous illegal executive orders with impunity to circumvent the constitutional-legislative process.
To ensure that illegal misinterpretations of the US Constitution are condemned and prohibited, a Constitutional Convention of the States, under the authority given to the states by the framers in Article V of the US Constitution, should be convened by the authority of two-thirds of the state legislatures to propose new amendments to the Constitution of the United States, and to repeal some others, thereby setting indelibly in stone the intent of the honored Framers, then and forever, to restore what was desecrated by pragmatic men and women who sought to subvert the economic, financial, and governmental rules , processes and procedures of the US Constitution. That it may be done very soon is my humble prayer.
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