Wednesday, August 15, 2018
Scott Ingram (High Point University) has posted President, Politics and Pardons: Washington's Original (Mis?)Use of the Pardon Power (8 Wake Forest Journal of Law & Policy 259 (2018)) on SSRN. Here is the abstract:
Recent political events raise an issue that usually remains dormant until a President is about to leave office, namely pardons. Many political watchers fear President Trump’s pardon authority, perhaps for good reason. However, their analysis of the pardon power is normative. They argue that there are proper uses for the pardon power and Trump’s usage and potential usage are not it. Reasonable people can disagree about the wisdom of pardons and the circumstances when they should be granted. Critiques of the pardon power have become commonplace when Presidents inevitably pardon people in the waning days of their Administration for apparent political reasons. This article unearths the origins of Presidential pardons. It asks and answers why President George Washington pardoned the people he pardoned.