’Tis the season.
No, not the Yuletide; that joyous annual season is behind us. It is instead the season of the eleventh-hour pardon, when a soon-to-depart president, freed of concerns about the political implications, makes copious use of the chief executive’s most boundless, corruptible, and, in modern times, unnecessary power. The Constitution should be amended to end it.
The authority described by Hamilton as “the benign prerogative” in Federalist No. 74 is inscribed in Article II, Section 2 of the Constitution. It endows the president with “Power to grant Reprieves and Pardons for Offenses against the United States, except in Cases of …
Something to Consider
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