Download or read book The Presidential Pardon Power written by Jeffrey Crouch and published by University Press of Kansas. This book was released on 2009-05-26 with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt: Until President Gerald Ford pardoned former president Richard Nixon for the Watergate scandal, most members of the public probably paid little attention to the president's use of the clemency power. Ford's highly controversial pardon of Nixon, however, ignited such a firestorm of protest that, fairly or unfairly, it may have cost him the presidency in 1976. Ever since, presidential pardons have been the subject of increased scrutiny and the focus of news media with a voracious appetite for scandal. This first book-length treatment of presidential pardons in twenty years updates the clemency controversy to consider its more recent uses-or misuses. Blending history, law, and politics into a seamless narrative, Jeffrey Crouch provides a close look at the application and scrutiny of this power. His book is a virtual primer on the subject, covering all facets from its background in English law to current applications. Crouch considers the framers' vision of how clemency would fit into the separation of powers as an "act of grace" or a check on injustice, then explains how the president and Congress have struggled for supremacy over the pardon power, with the Supreme Court generally deferring to the executive branch's desire for its broadest possible application. Before the modern era, presidents rarely interfered in the justice system to protect aides from prosecution, and Crouch examines some of the more controversial pardons in our history, from the Whiskey rebels to Jimmy Hoffa. In the wake of Watergate, he shows, the use of presidential pardons has become more controversial. Crouch assesses whether independent counsel investigations and special prosecutors have prompted the executive to use the pardon as a weapon in interbranch political warfare. He argues that the clemency power has been misused by recent presidents, who have used it to protect themselves or their subordinates, or to reward supporters. And although he concedes that Ford's pardon of Nixon reflected the framers' concerns about preserving government in a time of crisis, he argues that more recent cases involving the Iran-Contra conspirators, commodities trader Marc Rich, and vice-presidential chief-of-staff "Scooter" Libby have demonstrated a disturbing misapplication of power. In fleshing out these misuses of clemency, Crouch weighs the pros and cons of proposed amendments to the pardon power, one of the few powers that are virtually unlimited in the Constitution. The Presidential Pardon Power takes up a key issue in debates over the imperial presidency and urges that public and scholars alike pay closer attention to a dangerous trend.
Download or read book The Pardoning Power in the American States written by Christen Jensen and published by . This book was released on 1922 with total page 152 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Pardoning Power of the President written by Willard Harrison Humbert and published by . This book was released on 1961 with total page 180 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Pardoning Power in the American States written by Christen Jensen and published by Hardpress Publishing. This book was released on 2012-01-01 with total page 164 pages. Available in PDF, EPUB and Kindle. Book excerpt: Unlike some other reproductions of classic texts (1) We have not used OCR(Optical Character Recognition), as this leads to bad quality books with introduced typos. (2) In books where there are images such as portraits, maps, sketches etc We have endeavoured to keep the quality of these images, so they represent accurately the original artefact. Although occasionally there may be certain imperfections with these old texts, we feel they deserve to be made available for future generations to enjoy.
Download or read book The Pardoning Power written by J. S Appel and published by . This book was released on 1894 with total page 48 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Theaters of Pardoning written by Bernadette Meyler and published by Cornell University Press. This book was released on 2019-09-15 with total page 443 pages. Available in PDF, EPUB and Kindle. Book excerpt: From Gerald Ford's preemptive pardon of Richard Nixon and Donald Trump's claims that as president he could pardon himself to the posthumous royal pardon of Alan Turing, the power of the pardon has a powerful hold on the political and cultural imagination. In Theaters of Pardoning, Bernadette Meyler traces the roots of contemporary understandings of pardoning to tragicomic "theaters of pardoning" in the drama and politics of seventeenth-century England. Shifts in how pardoning was represented on the stage and discussed in political tracts and in Parliament reflected the transition from a more monarchical and judgment-focused form of the concept to an increasingly parliamentary and legislative vision of sovereignty. Meyler shows that on the English stage, individual pardons of revenge subtly transformed into more sweeping pardons of revolution, from Shakespeare's Measure for Measure, where a series of final pardons interrupts what might otherwise have been a cycle of revenge, to later works like John Ford's The Laws of Candy and Philip Massinger's The Bondman, in which the exercise of mercy prevents the overturn of the state itself. In the political arena, the pardon as a right of kingship evolved into a legal concept, culminating in the idea of a general amnesty, the "Act of Oblivion," for actions taken during the English Civil War. Reconceiving pardoning as law-giving effectively displaced sovereignty from king to legislature, a shift that continues to attract suspicion about the exercise of pardoning. Only by breaking the connection between pardoning and sovereignty that was cemented in seventeenth-century England, Meyler concludes, can we reinvigorate the pardon as a democratic practice.
Download or read book Comparative Executive Clemency written by Andrew Novak and published by Routledge. This book was released on 2015-08-20 with total page 239 pages. Available in PDF, EPUB and Kindle. Book excerpt: Virtually every constitutional order in the common law world contains a provision for executive clemency or pardon in criminal cases. This facility for legal mercy is not limited to a single place in modern legal systems, but is instead realized through various practices such as a law enforcement officer’s decision to arrest, a prosecutor’s decision to prosecute, and a judge’s decision to convict and sentence. Doubts about legal mercy in any form as unfair, unguided, or arbitrary are as ubiquitous as the exercise of mercy itself. This book presents a comparative analysis of the clemency and pardon power in the common law world. Andrew Novak compares the modern development, organization, and practice of constitutional and statutory schemes of clemency and pardon in the United Kingdom, United States, and Commonwealth jurisdictions. He asks whether the bureaucratization of the clemency power is in line with global trends, and explores how innovations in legislative involvement, judicial review, and executive consultation have made the mercy and pardon procedure more transparent. The book concludes with a discussion on the future of the clemency and pardon power given the decline of the death penalty in the Commonwealth and the rise of the modern institution of parole. As a work concerned with the practice of mercy in the common law world, this book will be of great interest to researchers and students of international and comparative criminal justice and international human rights law.
Download or read book Inventing the American Presidency written by Thomas E. Cronin and published by . This book was released on 1989 with total page 424 pages. Available in PDF, EPUB and Kindle. Book excerpt: In fourteen essays, supplemented by relevant sections of and amendments to the Constitution and five Federalist essays by Hamilton--provides the reader with the essential historical and political analyses of who and what shaped the presidency.
Download or read book After Trump written by Bob Bauer and published by Lawfare Press. This book was released on 2020-09-15 with total page 436 pages. Available in PDF, EPUB and Kindle. Book excerpt: In After Trump: Reconstructing the Presidency, Bob Bauer and Jack Goldsmith provide a comprehensive roadmap for reform of the presidency in the post-Trump era. In fourteen chapters they offer more than fifty concrete proposals concerning presidential conflicts of interest, foreign influence on elections, pardon power abuse, assaults on the press, law enforcement independence, Special Counsel procedures, FBI investigations of presidents and presidential campaigns, the role of the White House Counsel, war powers, control of nuclear weapons, executive branch vacancies, domestic emergency powers, how one administration should examine possible crimes by the president of a prior administration, and more. Each set of reform proposals is preceded by rich descriptions of relevant presidential history, and relevant background law and norms, that place the proposed reforms in context. All of the proposals are prefaced by a chapter that explains how Trump--and, in some cases, his predecessors--conducted the presidency in ways that justify these reforms. After Trump will thus be essential reading for the coming debate on how to reconstruct the laws and norms that constitute and govern the world's most powerful office. It's hard to imagine two better co-authors for the task. Both served in senior executive branch positions-in the administrations of Barack Obama and George W. Bush, respectively-and have written widely on the presidency. Bob Bauer served from 2010-2011 as White House Counsel to President Barack Obama, who in 2013 named Bauer to be Co-Chair of the Presidential Commission on Election Administration. He is a Professor of Practice and Distinguished Scholar in Residence at New York University School of Law, as well as the co-director of its Legislative and Regulatory Process Clinic. Jack Goldsmith served as Assistant Attorney General, Office of Legal Counsel from 2003-2004, and Special Counsel to the Department of Defense from 2002-2003. He is the Learned Hand Professor at Harvard Law School, co-founder of Lawfare, and a Senior Fellow at the Hoover Institution. Together, in this book, they set the terms for the national discussion to come about the presidency, its powers, and its limits.
Download or read book Presidential Pardon Power written by United States. Congress. House. Committee on the Judiciary. Subcommittee on the Constitution and published by . This book was released on 2001 with total page 60 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Pardons and the Pardoning Power Under the Constitution of the U S written by William Tate Whitman and published by . This book was released on 1933 with total page 131 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Clemency Program of 1974 written by United States. General Accounting Office and published by . This book was released on 1977 with total page 108 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Pardons written by Kathleen Dean Moore and published by Oxford University Press. This book was released on 1997-07-03 with total page 284 pages. Available in PDF, EPUB and Kindle. Book excerpt: In Pardons, Kathleen Dean Moore addresses a host of crucial questions surrounding acts of clemency, including what justifies pardoning power, who should be pardoned, and the definition of an unforgivable crime. Illustrating her arguments with rich and fascinating historical examples--some scandalous or funny, others inspiring or tragic--Moore examines the philosophy of pardons from King James II's practice of selling pardons for two shillings, through the debates of the Founding Fathers over pardoning power, to the record low number of pardons during recent U. S. administrations. Carefully analyzing the moral justification of clemency, Moore focuses on presidential pardons, revealing that over and over again--after the Civil War, after Prohibition, after the Vietnam War, and after Watergate--controversies about pardons have arisen at times when circumstances have prevented people from thinking dispassionately about them. Her groundbreaking study concludes with recommendations for the reform of presidential pardoning practices.
Download or read book The Pardoning Power in the American States written by Christen Jensen and published by Palala Press. This book was released on 2016-05-20 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: This work has been selected by scholars as being culturally important, and is part of the knowledge base of civilization as we know it. This work was reproduced from the original artifact, and remains as true to the original work as possible. Therefore, you will see the original copyright references, library stamps (as most of these works have been housed in our most important libraries around the world), and other notations in the work. This work is in the public domain in the United States of America, and possibly other nations. Within the United States, you may freely copy and distribute this work, as no entity (individual or corporate) has a copyright on the body of the work. As a reproduction of a historical artifact, this work may contain missing or blurred pages, poor pictures, errant marks, etc. Scholars believe, and we concur, that this work is important enough to be preserved, reproduced, and made generally available to the public. We appreciate your support of the preservation process, and thank you for being an important part of keeping this knowledge alive and relevant.
Download or read book Pardon Power The Executive Cornerstone of the Separation of Powers written by Jordan S. Maykis and published by . This book was released on 2017 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: This study investigates the under recognized procedural and administrative properties accompanying grants of presidential pardon. Of all the Article II powers vested in the executive branch, pardoning authority confers the president with the most administrative and procedural liberties. Procedural and administrative properties like single-branch control, rearward application, discretionary design, statute interposition, and binding directive parallel those similarly exhibited by Congress and the Supreme Court. These properties are inherent to the pardon power and are tacitly acknowledged by federal court opinions upholding this constitutional authority as a whole. Executive clemency's notable scholars and critics alike see it solely for its mercy dictate, not for the procedural and administrative benefits it can give the president. Once identified, each pardon property will be compared to Congress and the Supreme Court's respective procedural attribute. These comparisons will make evident the equivalent administration of duties among the executive branch and its constitutional counterparts. Moreover, these comparisons will be considered in the reform settings of those critical of the pardon's already sweeping and permanent nature. The primary objective of the critics' reforms is to bring transparency to the pardoning process. But their efforts to reform and rid the pardoning process of abuse simultaneously impair the procedural advantages it can offer the president. Historical and contemporary grants of clemency confirm this argument's perspective of pardon. Virtually all reforms would structurally vitiate one or many of the mentioned pardon properties. If their reforms are enacted, the president can no longer be considered a procedural or administrative coequal in relation to Congress and the Supreme Court. Therefore, the president's policy lever of clemency must remain untouched.
Download or read book Speech on the pardoning power of the President delivered in the Senate of the United States January 4 1867 written by Reverdy Johnson and published by . This book was released on 1867 with total page 24 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Pardoning Power of the President of the United States written by willard Harrison Humbert and published by . This book was released on 1939 with total page 324 pages. Available in PDF, EPUB and Kindle. Book excerpt:
