Tuesday, September 17, 2019
Mark William Osler (University of St. Thomas - School of Law (Minnesota)) has posted Clemency As the Soul of the Constitution (34 Journal of Law and Politics 131 (2019)) on SSRN. Here is the abstract:
Individualism is a defining characteristic of the United States, and the Pardon Power draws from that value. Presidents can and should use clemency in accordance with their individual values, as the framers of the Constitution intended. This article draws from new data to define historical precedents, and argues that the institution of federal executive clemency should remain unfettered by courts or the legislature.