Clemency As the Soul of the Constitution
34 Journal of Law and Politics 131 (2019)
U of St. Thomas (Minnesota) Legal Studies Research Paper No. 19-12
33 Pages Posted: 9 Sep 2019
Date Written: 2019
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.
Keywords: president, presidential power, clemency, pardon power, constitutional law, U.S. Constitution
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