I’m with Andy: The Pardon Power Should Be Repealed

I want to second Andy’s excellent piece calling for the repeal of the federal pardon power. As Andy notes, inter alia:

This is true. But the pardon power was controversial even then. During the debates over the ratification of the Constitution, the Anti-Federalists were against it. George Mason thought that it would lead to presidents getting themselves involved in conspiracies and then pardoning his co-conspirators. George Clinton thought that it would lead to “a vile and arbitrary aristocracy or monarchy.” The “Federal Farmer” contended that the power was “absolute” and “unrestrained,” and ought to be “more cautiously lodged, and under some limitations.” In New York, critics tried to do just that — submitting a draft revision to the Constitution that would have required any pardon that was connected with treason to be approved by Congress. The Anti-Federalists lost this fight, but, in my view, they were more right than they were wrong.

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Charles C. W. Cooke

Charles C. W. Cooke is a senior editor at National Review and the host of The Charles C. W. Cooke Podcast.

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I want to second Andy’s excellent piece calling for the repeal of the federal pardon power. As Andy notes, inter alia:

This is true. But the pardon power was controversial even then. During the debates over the ratification of the Constitution, the Anti-Federalists were against it. George Mason thought that it would lead to presidents getting themselves involved in conspiracies and then pardoning his co-conspirators. George Clinton thought that it would lead to “a vile and arbitrary aristocracy or monarchy.” The “Federal Farmer” contended that the power was “absolute” and “unrestrained,” and ought to be “more cautiously lodged, and under some limitations.” In New York, critics tried to do just that — submitting a draft revision to the Constitution that would have required any pardon that was connected with treason to be approved by Congress. The Anti-Federalists lost this fight, but, in my view, they were more right than they were wrong.